California Residential Lease Agreement
A California residential lease agreement is a legally binding contract between a landlord and a tenant, outlining the terms and conditions under which a tenant may occupy a rental property. Governed by California’s landlord-tenant laws, this agreement typically specifies the duration of the lease, the amount of rent, payment due dates, and the responsibilities of both parties.
California Residential Lease Agreement
Types of California Lease Agreements
- Standard Lease Agreement: A fixed-term contract binding a landlord and tenant for a specified period.
- Month-to-Month Rental Agreement: Automatically renews monthly, allowing either party to terminate with proper notice.
- Commercial Lease Agreement: For businesses renting office or retail spaces.
- Room Rental Agreement: Allows a principal tenant to rent an individual room to another tenant.
- Sublease Agreement: Enables a tenant to rent all or part of their leased property to another party.
- Rent-to-Own Lease Agreement: Provides tenants an option to purchase the property at a predetermined price.
Required Disclosures for California Lease Agreements
California law mandates specific disclosures to ensure tenant safety and awareness. These disclosures include:
- Lead-Based Paint Disclosure: Required for properties built before 1978.
- Mold Disclosure: Required if there is known or suspected mold.
- Methamphetamine Contamination Disclosure: Required if the property has been used for methamphetamine production.
- Military Ordnance Disclosure: Required for properties within one mile of military training grounds.
- Death in a Rental Unit Disclosure: Required if a non-HIV or AIDS-related death occurred within the last three years.
- Pest Control Disclosure: Required for properties using pesticides.
- Shared Utilities Disclosure: Required if utilities are shared between units.
- Bed Bug Addendum: Required to inform tenants about bed bug prevention and treatment.
- Demolition Permit Disclosure: Required if the property is scheduled for demolition.
- Sex Offender Registry Notice: Required in all rental agreements.
Security Deposit Laws
California law regulates security deposits as follows:
- Maximum Amount: For unfurnished properties, the maximum security deposit is two months’ rent. For furnished properties, it can be up to three months’ rent.
- Return of Security Deposit: Landlords must return the security deposit within 21 days of lease termination, provided the tenant complies with the lease terms.
- Deductions: Landlords may withhold deposits for unpaid rent or excessive damage, with itemized lists provided for any deductions.
Rent Payment Laws
California has specific regulations regarding rent payments:
- Grace Period: Not specified in state law.
- Late Fees: Not specified in state law, but any late fee charged must be reasonable. In Los Angeles County, a maximum of 5% of the monthly rent is suggested.
- NSF Fee: Landlords can charge a $25 fee for the first bounced check and $35 for subsequent bounced checks.
Landlord Rights and Responsibilities
Right of Entry
Landlords must provide notice before entering a rental unit:
- Emergency Entry: No notice required.
- Showing the Property: 24-hour notice required.
- Maintenance: 24-hour notice required.
- Move-Out Inspection: 48-hour notice required.
Warranty of Habitability
Landlords are required to maintain rental properties in a habitable condition, regardless of whether this is explicitly stated in the lease.
Terminating a Lease
California law outlines the process for terminating a lease:
- Month-to-Month Tenancy: Requires a 30-day notice if the tenancy is less than a year, or a 60-day notice for tenancies lasting a year or more.
Statutes
- Civ. Code §§ 1950.5(f) – [Operative 7/1/2024] Security for rental agreement
- Civ. Code §§ 1950.5 – Security Deposit Maximum, Non-Refundable Fees, Deadline for Returning Security Deposit
- Civ. Code §§ 1947 – Rent is Due
- Civ. Code §§ 1947.3(1-2) – Payment Methods
- Civ. Code §§ 827(b)(2-3) – Rent Increase Notice
- Civ. Code §§ 1950.6(b) – Application Fees
- Civ. Code §§ 1942(a) – Tenant Allowed to Repair and Deduct Rent
- Civ. Code §§ 1951.2 – Recovery by lessor upon breach of lease and abandonment of property by lessee
- Civ. Code §§ 1946 – Renewal of hiring for term not specified by parties
- Civ. Code §§ 1946.1 – Notice of intention terminate hiring for term not specified by parties
- Civ. Code §§ 1954a – Entry of dwelling by landlord
- Civ. Code §§ 1954b – Entry of dwelling by landlord
- Civ. Code §§ 789.3a – Acts by landlord with intent to terminate occupancy
- Civ. Code §§ 789.3b(1) – Acts by landlord with intent to terminate occupancy
- Civ. Code §§ 789.3d – Acts by landlord with intent to terminate occupancy
- Civ. Code §§ 1954.602 – Duty of landlord
- Civ. Code §§ 1962(4) – Obligations of owner or party signing rental agreement or lease on behalf of owner
- Civ. Code §§ 1940.9 – Disclosure that tenant’s gas and electric meter serves area outside tenant’s dwelling unit
- Civ. Code §§ 1950.6(b) – Application Fees
- Civ. Code §§ 1940.7 – Notice of actual knowledge of former federal or state ordnance locations in neighborhood area
- Civ. Code §§ 2079.10a – Notice as to database of person required to register as to sex offenders
- Civ. Code §§ 1940.8 – Copy of notice provided by registered structural pest control company
- Civ. Code §§ 1947.5 – Prohibition of smoking of cigarettes or other tobacco products
- Civ. Code §§ 1941.5 – Changing locks of protected tenant’s dwelling unit upon request of protected tenant
- Civ. Code §§ 1941.6 – Changing locks of protected tenant’s dwelling unit upon request of protected tenant
- Civ. Code §§ 1946.7(d) – Notice by victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse, and certain other crimes of intent to terminate
- Civ. Code §§ 1942.5 – Retaliation by lessor against lessee for exercising rights under chapter
- Civ. Code §§ 1965 – Generally
- Civ. Procedure Code §§ 1161.3 – Acts against tenant or tenant’s household member constituting domestic violence
- Civ. Procedure Code §§ 1161.3 – Acts against tenant or tenant’s household member constituting domestic violence
- Civ. Procedure Code §§ 1161(2) – [Operative 2/1/2025] When tenant for term less than life guilty of unlawful detainer
- Civ. Procedure Code §§ 1161(3) – [Operative 2/1/2025] When tenant for term less than life guilty of unlawful detainer
- Health & Safety Code §§ 26147 – Disclosure by residential landlords
- Business and Professional Code §§ 8538 – Written notice to owner and tenant of premises
FAQs
California law mandates several disclosures in residential lease agreements, including lead-based paint disclosure for properties built before 1978, pest control treatments, methamphetamine contamination, demolition plans, military ordnance proximity, death events within the last three years, condominium conversion, flood hazards, sex offender registry information, shared utilities, mold presence, and bedbug information.
In California, the maximum security deposit for an unfurnished rental property is two months’ rent, while for furnished properties, it can be up to three months’ rent. Additionally, landlords may not deduct from a tenant’s security deposit for damages caused by the tenant’s abuser in cases of domestic violence.
In California, landlords must provide at least 24 hours’ notice before entering a rental unit for maintenance or showing the property. In emergencies, no notice is required, but for move-out inspections, a 48-hour notice is necessary.
A California rental application typically includes the applicant’s personal information, rental history, employment details, and references. This form is used by landlords to assess the suitability of potential tenants before approving or rejecting their application.
If a landlord fails to include mandatory disclosures in a lease agreement, they may face legal penalties, including fees, denial of eviction rights, and potential lawsuits from tenants. Disclosures are crucial for informing tenants about health and safety risks associated with the property.
California does not specify maximum late fees in rental agreements, but they must be considered reasonable. In Los Angeles County, a late fee of up to 5% of the monthly rent is deemed acceptable.
Yes, a lease agreement can automatically renew in California if neither the tenant nor the landlord provides notice to terminate the tenancy when the lease expires. This is common in month-to-month rental agreements.
In California, landlords must return the security deposit to the tenant within 21 days after the lease ends. If any deductions are made for damages, landlords must provide an itemized list of repairs and costs.
Common types of lease agreements in California include standard lease agreements, month-to-month rental agreements, commercial leases, room rental agreements, sublease agreements, and rent-to-own agreements. Each type serves different rental situations and needs.