California Residential Lease Agreement
Generate a comprehensive lease agreement compliant with California rental laws
Property Information
Landlord Information
Tenant Information
Lease Terms
Rent and Fees
Utilities and Services
Pet Policy
Parking
Occupancy and Use
Maintenance and Repairs
Entry and Inspection
Additional Terms
Important Information for California Landlords
⚠️ Legal Notice: This lease generator provides a basic template. California rental laws are complex and change frequently. Always consult with a qualified attorney to ensure your lease complies with all current federal, state, and local laws.
California Rental Law Highlights
Security Deposits
- Maximum Amount: For unfurnished properties, landlords can charge up to 2 months’ rent. For furnished properties, up to 3 months’ rent.
- Return Timeline: Must return deposit within 21 days of tenant moving out
- Itemization Required: Must provide itemized statement of deductions
- Interest: Not required unless property has 6+ units or local ordinance requires it
- Non-Refundable Fees: California generally prohibits non-refundable fees except for application screening fees
Rent and Rent Increases
- Rent Control (AB 1482): Statewide rent cap of 5% + CPI (max 10% total per year) for properties 15+ years old
- Notice Requirements: 30-day notice for increases under 10%, 90-day notice for 10% or more
- Grace Period: No required grace period, but common practice is 3-5 days
- Late Fees: Must be reasonable (typically $50-$75 or 5-10% of rent)
Tenant Rights and Protections
- Habitability: Must maintain property in habitable condition (working plumbing, heating, electricity, etc.)
- Repairs: Must make repairs within 30 days of notice; 24 hours for emergencies
- Quiet Enjoyment: Cannot disturb tenant’s peaceful use of property
- Retaliation: Cannot retaliate against tenant for exercising legal rights
- Privacy: Must give 24-hour notice before entry (except emergencies)
Required Disclosures
💡 Important: California requires numerous disclosures. This form does not include all required disclosures. You must separately provide:
- Lead-based paint disclosure (pre-1978 properties)
- Mold disclosure and information booklet
- Bedbug information and history
- Shared utilities disclosure
- Proximity to former military ordnance location
- Death on property disclosure (past 3 years)
- Pest control company information
- Registered sex offender database information
- Landlord/agent contact information
- Smoking policy
Eviction and Termination
- Just Cause Eviction (AB 1482): Required for properties 15+ years old after 12 months of tenancy
- Notice Periods: 30 days for tenancies under 1 year, 60 days for 1+ year (90 days in some cases)
- 3-Day Notices: Required for nonpayment of rent or lease violations
- Unlawful Detainer: Court process required for eviction; self-help evictions are illegal
Pet Policies
- Pet Deposits: Count toward total security deposit limit (2-3 months’ rent)
- Pet Rent: Can charge additional monthly pet rent
- Service/Emotional Support Animals: Cannot charge fees or deposits for animals covered by Fair Housing Act
- Breed Restrictions: Generally allowed, but check local ordinances
Common California Lease Clauses
- Habitability Warranty: Implied by law in all residential leases
- Repair and Deduct: Tenants may repair and deduct under certain conditions
- Abandonment: 14-18 day notice required before considering property abandoned
- Joint and Several Liability: All tenants responsible for full rent
- No Waiver of Rights: Cannot waive certain tenant rights even in lease
Fair Housing Requirements
⚠️ Discrimination: Cannot discriminate based on race, color, religion, sex, gender identity, sexual orientation, national origin, ancestry, familial status, marital status, disability, veteran status, genetic information, source of income, or other protected characteristics.
Local Ordinances
Many California cities have additional requirements:
- Rent Control: Cities like San Francisco, Los Angeles, Oakland have stricter rent control
- Just Cause Eviction: Some cities require just cause regardless of property age
- Relocation Assistance: Required in some jurisdictions for no-fault evictions
- Rental Registration: Some cities require property registration
- Seismic Safety: Disclosure requirements in some areas
COVID-19 Considerations
- Check current eviction moratoriums and tenant protections
- Some jurisdictions have additional notice requirements
- Rental assistance programs may be available
Best Practices
- Document everything in writing
- Keep detailed records of all communications and transactions
- Conduct thorough move-in and move-out inspections with photos
- Provide all required disclosures before tenant signs lease
- Maintain property in habitable condition
- Respond promptly to repair requests
- Follow proper procedures for rent increases and evictions
- Stay informed about changes in rental laws
- Consider landlord insurance
- Join local rental housing associations for support and resources
💡 Recommendation: Have an experienced California real estate attorney review your lease agreement before using it. Laws vary by city and county, and this form may not include all provisions required in your area.
Resources
- California Department of Consumer Affairs – Landlord/Tenant Guide
- California Association of Realtors (CAR) – Standard lease forms
- California Apartment Association
- Local rental housing associations
- Legal aid societies for low-income housing questions
⚠️ Disclaimer: This tool provides a template for informational purposes only and does not constitute legal advice. It does not include all required California disclosures and addendums. Consult with a qualified California real estate attorney to ensure full compliance with all applicable federal, state, and local laws.
