California Lease Agreement

Required Landlord Disclosures (20)

California has one of the largest lists of required disclosures landlords need to account for in the U.S. Find them below.

1. Statement on just cause requirements:  Pursuant to Section 1946.2 of the Civil Code, notice must be given if the property is subject to these requirements, which mandates a landlord must provide at least 60 days written notice before terminating a long-term lease (§ 1946.2).
2. Notice of change of terms: Pursuant to the Tenant Protection Act, Landlords must include a statement on the limits of rent increases (Tenant Protection Act).
3. Notice of exemption from rent limits: Notice must be in the lease if the premises are not subject to rent limits and just cause requirements pursuant to Section 1946.2 of the Civil Code (AB 1482).
4. Waterbeds: If a tenant is believed to bring a waterbed onto the premises, landlords must include a waterbed statement in the lease (§ 1940.5).
5. Bedbugs: Landlords are responsible for declaring that the property does not have bedbugs. Tenants must read and sign the document (§ 1942.5).
6. Carbon monoxide detectors: All rental units with fossil fuel-based heaters or appliances must have carbon dioxide monitors throughout the home (§17926.1).
7. Sex offender registry: Every California rental agreement must include a statement about the Megan’s Law sex offender registry (§ 2079.10a)
8. Smoking policy: Landlords must include any smoking restrictions in the lease or an addendum (§1947.5 (b 1)).
9. Carcinogenic material: Landlords must tell their tenants if a property has known carcinogens mentioned on the Proposition 65 list (§ 25607.34 (3)).
10. Asbestos Notification:  Any known asbestos on the property must be disclosed in the lease (§ 29515.5 (a)).
11. Death in the rental unit: Landlords must disclose prior deaths in the rental unit within the past three years, except HIV/AIDS-related deaths, which is protected information (§ 1710.2).
12. Demolition: Landlords must inform tenants about demolition plans before signing the lease (§ 1940.6 (a)(1)(A)).
13. Flood zone: Landlords must tell tenants if the property is in a flood zone (§ 8589.45 (a)).
14. Lead-based paint: Landlords of residences built before 1978 must inform tenants if lead-based paint or related hazardous material may exist on the property and provide them with an EPA-approved pamphlet (The Lead Disclosure Rule).
15. Methamphetamine or fentanyl contamination: Landlords must disclose information about the manufacture, storage, or use of methamphetamine or fentanyl on the property. Tenants must receive a copy of the orders relating to contamination and remediation (§ 25400.28 (b)).
16. Mold: Landlords must disclose toxic mold, whether present or likely presen, until it is treated according to local safety standards. Before signing a lease, landlords must also give tenants a California Department of Health Services booklet (§ 26147).
17. Ordinance locations: Landlords must inform tenants of the possibility of live munitions in a military testing site within one mile of the rental unit (§ 1940.7 (b)).
18. Pest control: When landlords have a written contract with a pest control company to treat their properties regularly, landlords must provide a list of the pesticides used. Tenants must receive 24 hours’ notice before pesticide applications (§ 1940.8).
19. Shared utilities: When rental units have a shared electrical or gas meter, the leases must explain how the landlord bills utilities (§ 1940.9).
20. Water service: When water and rent are billed separately, landlords must inform tenants when they will be billed during the rental period. The lease must include an estimate of the monthly water bill (§ 1954.204).

Los Angeles Specific: Landlords must include the LA Renters Protections Notice with each lease agreement.

Security Deposit Regulations

Maximum security deposit amount: Landlords may charge one month’s rent as a security deposit; however, in some limited cases, landlords may charge two months’ rent.

Receipt of Deposit: Landlords aren’t required to give tenants a security deposit receipt.

Interest: Some local laws require landlords to pay interest on security deposits, but there isn’t a statewide requirement.

Deduction tracking: Landlords must list all deductions in an itemized statement shared with the tenant unless the deduction total is less than $125. The statement must state the work completed, time spent, and the landlord’s hourly rate. If someone else did the repairs, the landlord must provide a copy of the work invoice. Landlords must provide an estimate if repairs exceed 21 days and the final statement within 14 days of completion.

Returning a tenant’s security deposit: Landlords must return security deposits within 21 days of the tenant vacating the property. Tenants must receive a written notice of their right to a move-out inspection and the chance to correct damages.

Landlord’s Access to Property

Advance notice: Landlords must give tenants at least 24 hours’ notice before accessing the property for showings, maintenance, or repairs.

Immediate access: If there is an emergency or the landlord has a court order, they may enter the property without notice.

Landlord harassment: When the covenant of quiet enjoyment is violated repeatedly, tenants may sue and legally break the lease. Landlords may face civil penalties.

Rent Payment Laws

Grace Period: Landlords aren’t required to give tenants a grace period for rent in California.

Late rent fees: Landlords may charge fees for late rent payments, but the lease agreement must include specific information about the fees. California allows a late fee equal to 5% of the unpaid rent amount, or $50, whichever is less.

Tenant’s right to withhold rent: Tenants can withhold rent or deduct the cost of repairs if they notify the landlord of unsafe property conditions and do not repair them within 35 days.

Breach of Rental Agreement

Missed rent payment: If tenants miss a rent payment, landlords can send them a 3-day notice to vacate the property. Tenants must pay the total amount due, including late fees, or move out. If the tenants don’t comply, landlords may start eviction proceedings.

Lease violation: When tenants fail to uphold the terms of their lease, landlords must send a 3-day notice to fix the problem or move out. If the tenants don’t comply, landlords may sue them and pursue an at-fault eviction.

Self-help evictions: Self-help evictions are illegal in California. They occur when landlords change the locks or shut off utilities to force tenants to move. Tenants may only be evicted by a court order.

Lease abandonment: When the landlord thinks the tenants have abandoned the property and rent is past due by 14 days, the landlord must provide a Notice of Belief of Abandonment.

Ending a Lease

Month-to-month: Landlords or tenants may terminate a month-to-month lease by giving written notice to the other party. The landlord must receive the notice at least 30 days before the tenant moves out unless the lease agreement specifies a different timeline.

Fixed-term: If tenants break a lease illegally, they must pay rent for the rest of the lease term unless the landlord re-rents the unit. Tenants may legally break a lease in some situations, such as military service, domestic violence, unsafe property conditions, privacy violations, or harassment.

Property abandonment: After the lease ends, if tenants abandon personal property, landlords must give the tenants a notice stating the storage costs, collection location, and the date the property will be considered abandoned. After that date, landlords may dispose of the belongings if they are worth less than $700. Landlords must sell property worth more than $700 and return the proceeds to the tenant or county treasury, minus the landlord’s costs.

Breaking a Lease in California provides a more in-depth breakdown.

Renewing a Lease

Required renewals: California landlords do not have to renew leases. However, when the current lease ends, it reverts to month-to-month terms if the tenant stays on the property and continues to pay rent.

Required notice: Landlords may refuse to renew leases if they provide tenants written notice at least 60 days before the lease termination date.

Rent Control & Stabilization

California has several rent control laws, but landlords may raise rent by no more than 10% per year. The cap may be lower depending on the rental’s location.

Landlords must provide a formal written notice 30 days before the increase is effective. With increases over 10%, landlords must provide 90 days’ notice.