Free California Residential Lease Agreement

A California Residential Lease Agreement is the master contract between a California landlord and tenant. The lease is governed by Civil Code §§ 1940–1954.05, the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), and a layered set of state and local statutes that California courts strictly construe in favor of tenants. The form on this page produces a comprehensive California-compliant residential lease covering every required disclosure; the rest of this guide walks through the statutory framework, the AB 1482 interaction, the security deposit cap under AB 12, the local rent control overlays, and the mistakes that void lease provisions.

▶ Watch: California Residential Lease Agreement explained

What this lease covers

The California Residential Lease Agreement on this page is a comprehensive, multi-page legal document covering every clause a California residential landlord needs to address. The form generates a paginated PDF in legal-document format, structured as numbered sections with required signature lines and disclosure pages.

The lease covers parties and premises (full legal identification of landlord, tenants, and property), term and rent (12-month default, month-to-month option, rent amount, due date, late fees), security deposit (subject to the AB 12 one-month cap and § 1950.5 return rules), utilities and services (allocation between landlord and tenant), maintenance and repairs (tenant duties, landlord duties under habitability law), occupancy rules (named occupants, guests, subletting, assignment), pets and service animals (subject to the AB 12 deposit cap and FEHA service-animal rules), insurance (renters’ insurance requirement option), alterations and improvements (consent requirements), holdover and notice (renewal, termination, just-cause), default and remedies (cure periods, attorney’s fees subject to Civ. Code § 1717), and signatures (all parties, all required disclosure initials).

Attached to the executed lease are the California disclosure addenda: federal lead-paint pamphlet acknowledgment, Megan’s Law database notice, bedbug history, mold (if applicable), demolition notice (if applicable), asbestos (pre-1981 properties), military ordnance, methamphetamine contamination history, Prop 65 (if applicable), and flood-zone disclosure under AB 646. Each disclosure has its own initialing line and supporting documentation requirements.

The form on this page handles the full lease structure including all of the above. Generate the lease, review every section, and sign in counterparts with all required initials and witnesses where applicable.

California legal framework

California residential leasing operates under a layered statutory framework. The state-level rules in Civil Code §§ 1940–1954.05 set the floor; AB 1482 and AB 12 amended the floor in 2019 and 2024 respectively; and local rent control jurisdictions in seven major California cities layer additional restrictions on top.

Civil Code §§ 1940–1954.05. The core statutory chapter governing residential leasing in California. § 1940 defines tenancy. §§ 1941–1942.4 govern the implied warranty of habitability and tenant remedies. § 1946 covers month-to-month termination. § 1946.2 (added by AB 1482) imposes just-cause eviction requirements on covered properties. § 1947 governs rent. § 1947.12 (added by AB 1482) caps annual rent increases. § 1950.5 governs security deposits. § 1954 governs landlord access. §§ 1954.50–1954.535 (Costa-Hawkins) limit local rent control to certain property types.

Tenant Protection Act of 2019 (AB 1482). Effective January 1, 2020, AB 1482 added Civ. Code §§ 1946.2 (just-cause) and 1947.12 (rent cap) to most California rentals. The annual rent increase cap is 5% plus the regional Consumer Price Index, or 10%, whichever is lower. After a tenant has occupied for 12 months, just-cause is required for termination. Single-family homes and condos NOT owned by a corporation or REIT are exempt — provided the lease includes the statutory exemption statement under § 1947.12(d)(5).

AB 12 security deposit cap. Effective July 1, 2024, AB 12 amended Civ. Code § 1950.5 to cap residential security deposits at one month’s rent. A narrow small-landlord exception allows up to two months’ rent if the landlord owns no more than two residential rental properties totaling no more than four units, AND the landlord is a natural person or LLC owned solely by natural persons. The pre-AB-12 framework allowing up to two months’ rent for unfurnished and three months’ rent for furnished is no longer the law.

Federal Fair Housing Act and California FEHA. The federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and the California Fair Employment and Housing Act prohibit discrimination based on race, color, religion, national origin, sex, familial status, disability, source of income, marital status, sexual orientation, gender identity, age, and ancestry. FEHA is broader than federal law in several respects, particularly source-of-income protection (which includes Section 8 vouchers since 2020).

Local rent control and just-cause overlays. Properties in Los Angeles (Rent Stabilization Ordinance), San Francisco (Rent Ordinance), Oakland, San Jose, Berkeley, Santa Monica, and West Hollywood are subject to local rent control with caps frequently below the AB 1482 cap, and with separately-administered just-cause requirements. The local rules apply in addition to state law, not instead of it.

Security deposit (Civ. Code § 1950.5)

California’s security deposit rules are among the most landlord-restrictive in the country. The post-AB-12 framework, effective July 1, 2024, caps residential security deposits at one month’s rent for both furnished and unfurnished units. A narrow small-landlord exception preserves the prior two-months’ cap for landlords with limited holdings.

The cap. One month’s rent is the maximum total security deposit a California landlord may collect for most residential rentals. This cap includes ALL refundable deposits — base security deposit, pet deposit, last month’s rent (if collected as a deposit rather than as advance rent), key deposits, and any other refundable charges. Non-refundable cleaning fees are not permitted in California.

The small-landlord exception. A landlord meeting both of the following may collect up to two months’ rent: (1) the landlord is a natural person or an LLC in which all members are natural persons, AND (2) the landlord owns no more than two residential rental properties collectively containing no more than four total dwelling units. Service-member tenants under SCRA protections retain pre-AB-12 deposit limits.

Allowable uses. The security deposit may be applied at move-out to: (a) unpaid rent, (b) repairing damages caused by the tenant beyond normal wear and tear, (c) cleaning the premises to the same level of cleanliness as at move-in, and (d) restoring or replacing personal property where the lease so provides and the tenant has used the deposit during tenancy. Deductions for normal wear and tear are not allowed.

The 21-day rule. Within 21 days after the tenant vacates, the landlord must (a) return the full deposit, OR (b) provide an itemized statement of deductions plus the unused balance. Itemized statements supporting deductions over $125 must include copies of receipts or contractor invoices unless the tenant waives this requirement in writing. Failure to comply triggers the loss of the right to deduct, return of the full deposit, and potential statutory damages of up to twice the deposit amount under § 1950.5(l) for bad-faith retention.

AB 1482 rent cap and just-cause

The Tenant Protection Act of 2019 (AB 1482) added Civ. Code §§ 1946.2 and 1947.12 to California law, imposing both a rent-increase cap and a just-cause eviction requirement on most non-exempt rental properties statewide. The act took effect January 1, 2020 and continues in force.

Coverage. AB 1482 covers most multi-family residential rentals built more than 15 years ago and operated as residential rental housing. Coverage rolls forward — a building constructed in 2010 became covered on January 1, 2025.

Exemptions. Significant categories are exempt: (a) single-family homes and condominiums NOT owned by a corporation, REIT, or LLC with corporate members — provided the lease includes the statutory exemption statement; (b) new construction within the last 15 years; (c) duplexes where the owner occupies one unit; (d) properties already subject to local rent control with stricter rules; (e) deed-restricted affordable housing; (f) certain dormitory and hospital housing.

Required exemption statement. A landlord claiming the single-family-or-condo exemption MUST include the statutorily-prescribed cover-sheet statement under § 1947.12(d)(5). Without that statement, the property is treated as covered even if it would otherwise qualify for exemption. The form on this page includes the statement when the property type is set to single-family or condo.

The rent cap. For covered properties, annual rent increases may not exceed 5% plus the regional Consumer Price Index, or 10%, whichever is lower. The CPI used is the All Urban Consumers index for the metropolitan area in which the rental is located. Increases must be applied no more than twice in any 12-month period, and the cumulative annual cap applies regardless.

Just-cause requirement. Once a tenant has continuously occupied a covered unit for at least 12 months, the landlord may terminate only for “just cause” listed in § 1946.2. Just-cause categories include at-fault grounds (nonpayment, breach of lease, nuisance, criminal activity, refusal of access) and no-fault grounds (owner move-in, withdrawal from rental market, demolition or substantial remodel, government or court order). No-fault terminations require relocation assistance equal to one month’s rent.

Required California disclosures

California requires multiple disclosures be made and acknowledged in writing. Missing or defective disclosures expose the landlord to actual damages, statutory damages, attorney’s fees, and (for habitability/Megan’s Law/bedbug violations) treble damages. The form on this page generates the corresponding disclosure addenda automatically.

City rent control overlays

Seven major California jurisdictions overlay additional rent and just-cause requirements on top of state law. The local rules typically impose stricter caps and additional procedural requirements. State law sets the floor; local law adds restrictions.

• Los Angeles RSO. Applies to most pre-October-1978 multi-family buildings in LA. Annual increases capped well below the AB 1482 cap. Just-cause categories more restrictive than § 1946.2. Relocation assistance for no-fault terminations is significant.
• San Francisco Rent Ordinance. Applies to most pre-June-1979 multi-family buildings. Annual increase tied to a published CPI percentage. Strong just-cause limits with mandatory relocation assistance.
• Oakland Rent Adjustment Ordinance. Pre-1983 buildings generally covered. CPI-based annual cap. Just-cause requirement parallels but with additional procedural steps.
• San Jose Apartment Rent Ordinance. Pre-1979 multi-family. Annual cap below state level.
• Berkeley Rent Stabilization Ordinance. Strong tenant protections, registration requirements, separate hearing process.
• Santa Monica Rent Control Charter Amendment. Among the strictest in the state.
• West Hollywood Rent Stabilization. Annual cap below state level, registration requirements.

For property in any of these jurisdictions, the lease must comply with both state law AND the local ordinance. The local rent board is the authoritative source for local requirements, and many jurisdictions require lease attachments specifically referencing the local ordinance. See our California Rent Increase Laws guide for detailed coverage of each city’s framework.

Lease agreement form

Complete the form below to generate a comprehensive California residential lease agreement. The form produces a multi-page PDF in legal-document format with all required California disclosures and statutory cover sheets attached. Review every section before execution; have all parties sign and initial all disclosure pages.

Common mistakes that void lease provisions

Collecting more than one month’s deposit (post-AB-12)

Effective July 1, 2024, the security deposit cap is one month’s rent for most landlords. Collecting more than that — including pet deposits and last month’s rent collected as a deposit — exceeds the statutory limit and exposes the landlord to refund obligations and potential statutory damages. The small-landlord exception is narrow; if you don’t qualify, the cap is one month.

Missing the AB 1482 exemption statement on single-family or condo lease

Single-family homes and condos are exempt from AB 1482 IF the lease includes the exact statutory exemption statement under § 1947.12(d)(5). Without that statement, the property is treated as covered. The form on this page includes the statement when property type is set to single-family or condo.

Non-refundable cleaning fees

California does not permit non-refundable fees in residential leases. A “cleaning fee” or “move-out fee” charged at the start of tenancy and not subject to itemization at move-out is treated as part of the security deposit, subject to the 21-day return rule, and to bad-faith damages if mishandled.

Missing required disclosures

The federal lead-paint disclosure for pre-1978 buildings is the easiest way to invalidate a residential lease — federal law gives the tenant a private right of action and triple damages. The Megan’s Law and bedbug disclosures are similarly mandatory in California regardless of property age. Generating the lease without the disclosures is functionally equivalent to no lease at all in litigation.

Ignoring local rent control

State-law-only leases on properties in LA, SF, Oakland, San Jose, Berkeley, Santa Monica, or West Hollywood are facially defective. The local rent ordinance applies regardless of what the lease says, and the local rent board is the procedural authority. Always verify with the local rent board before relying on a state-only template.

Late fees that don’t reflect actual damages

California treats excessive late fees as unenforceable liquidated damages. The fee must reflect a reasonable estimate of actual damages caused by late payment; a fee that is grossly disproportionate to actual damages will be voided as a penalty.

Charging service-animal-related deposits or fees

Service animals and emotional support animals are not pets under FEHA. Charging a pet deposit, pet rent, or screening fee for a service animal is a fair-housing violation that exposes the landlord to statutory damages and attorney’s fees. The form on this page properly excludes service animals from pet-related provisions.

Source-of-income discrimination (Section 8 vouchers)

Since 2020, California FEHA has prohibited source-of-income discrimination — including refusal to accept Section 8 housing vouchers from qualified tenants. Lease screening criteria that effectively exclude voucher-holders may give rise to FEHA claims even if the lease itself is silent on the issue.

Tenant rights under California law

California tenants have significant rights under state and federal law. Understanding these helps landlords appreciate why procedural precision matters.

Right to a habitable dwelling (Civ. Code § 1941–1942.4)

The implied warranty of habitability cannot be waived. Conditions affecting health, safety, or basic livability must be repaired by the landlord; failure triggers statutory remedies including repair-and-deduct, lease termination, and damages. Habitability claims are defenses to eviction.

Right to deposit return within 21 days

Civ. Code § 1950.5(g) requires return within 21 days of vacating, with itemized deductions and supporting documentation. Bad-faith retention triggers up to twice-the-deposit statutory damages.

Right to anti-retaliation protection (Civ. Code § 1942.5)

California prohibits retaliatory rent increases, lease termination, or service reductions in response to tenant complaints, code-enforcement contact, or organizing activity. Adverse action within 180 days of protected activity is presumptively retaliatory.

Right to fair-housing protection (Federal FHA + California FEHA)

Federal and state law prohibit discrimination based on race, color, religion, national origin, sex, familial status, disability, source of income, marital status, sexual orientation, gender identity, age, and ancestry.

Right to challenge defective leases

Lease provisions that violate California law are void or voidable. A defective lease is a defense to eviction, a basis for damages, and (in fair-housing or habitability cases) a foundation for attorney’s fees and statutory or treble damages.

Bottom line for landlords. A comprehensive, statute-compliant California lease is the foundation of every other landlord protection. The cost of doing the lease correctly is small; the cost of a defective lease in litigation, fair-housing investigation, or rent-board proceedings is substantial.

California statute reference table

Frequently asked questions

Published by Tenant Screening Background Check

Established 2004 · 20+ Years · All U.S. States & Territories · Statute-Based · Attorney-Reviewed

A Private Eye Reports™ service trusted by landlords, property managers, and attorneys.