California Residential Lease Agreement
A free California lease template, plus what California law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures California requires
| Owner, manager and rent-payment information | The lease must state the name, phone number and street address for personal service of the property manager and of the owner (or the owner's agent for service of process and notices). It must also state the name, phone number and address of the person or entity to whom rent is paid (with the usual days and hours if rent can be paid in person), or instead a bank account within 5 miles of the property or electronic-transfer details, and the accepted forms of rent payment. This information must be kept current. A successor owner or manager who has not complied may not evict for nonpayment of rent that came due during the noncompliance. Applies to: All residential leases and rental agreements (oral agreements: written statement within 15 days) |
|---|---|
| Sex-offender database (Megan's Law) notice | The lease must contain, in at least 8-point type, this notice: "Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which the offender resides." Applies to: Leases of single-family homes, and leases in multiunit properties with more than four units, entered into on or after April 1, 2006 Source: Cal. Civ. Code § 2079.10a(a)(3) |
| Flood hazard disclosure | The lease must disclose, in at least 8-point type: (1) that the property is in a special flood hazard area or an area of potential flooding, if the owner actually knows it (for example, the owner got written notice from a public agency, the mortgage lender requires flood insurance, or the owner carries flood insurance); (2) that the tenant can get hazard information from the Office of Emergency Services website, including the web address of the MyHazards tool; (3) that the owner's insurance does not cover the tenant's belongings and that renter's and flood insurance are recommended; and (4) that the owner need not give more flood information. The disclosure is subject to the translation rule in Civ. Code § 1632. Applies to: All residential leases and rental agreements entered into on or after July 1, 2018 Source: Cal. Gov. Code § 8589.45 |
| Bed bug information notice | Before a new tenancy begins, the landlord must give the prospective tenant a written notice, in at least 10-point type, with general information about bed bug identification, behavior and biology, the importance of cooperation and prompt written reporting, and the procedure for reporting suspected infestations to the landlord. The statute supplies the required wording. Applies to: All new residential tenancies (since July 1, 2017) Source: Cal. Civ. Code § 1954.603 |
| Smoking-prohibited areas | If the landlord has prohibited smoking of cigarettes or other tobacco products on any part of the property, the lease must include a provision specifying the areas where smoking is prohibited. Adding a smoking ban to an existing tenancy is a change of terms that needs proper written notice. Applies to: Leases entered into on or after January 1, 2012, for a tenant who has not previously occupied the unit, where smoking is restricted Source: Cal. Civ. Code § 1947.5(b) |
| Rent-cap and just-cause notice (Tenant Protection Act) | For property covered by the statewide rent cap and just-cause law, the lease, an addendum, or a written notice signed by the tenant (with a copy to the tenant) must state, in at least 12-point type: "California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information." The notice is subject to the translation rule in Civ. Code § 1632. Applies to: Tenancies begun or renewed on or after July 1, 2020, in property covered by Civ. Code §§ 1946.2 and 1947.12 (law in effect until January 1, 2030) Source: Cal. Civ. Code § 1946.2(f) |
| Exemption notice for single-family homes and condos | To claim the exemption for a single-family home or condominium owned by someone other than a REIT, corporation, or LLC with a corporate member, the owner must give the tenant written notice using the exact statutory statement that the property is not subject to the rent limits of § 1947.12 or the just-cause rules of § 1946.2. For tenancies begun or renewed on or after July 1, 2020, this notice must be in the rental agreement itself. Applies to: Separately alienable single-family homes and condominiums claiming the Tenant Protection Act exemption |
| Shared gas or electric meters | If the tenant's gas or electric meter also serves areas outside the tenant's unit and the landlord knows it, the landlord must disclose this before the tenancy starts (or on discovery) and either sign a written agreement with the tenant about paying for that outside service or make other written arrangements, such as putting the meter in the landlord's name. Applies to: Units without separate gas/electric meters where the tenant's meter serves outside areas Source: Cal. Civ. Code § 1940.9(a) |
| Periodic pest control notice | If the landlord has a contract for periodic pest control service, the landlord must give each new tenant a copy of the pest control company's written notice (pest to be controlled, pesticides and active ingredients, the state-required caution statement, and treatment frequency). Applies to: Units covered by a periodic pest control contract |
| Demolition permit | An owner who has applied for a permit to demolish the unit must tell a prospective tenant in writing before signing a rental agreement or accepting an application fee, other fees, or tenancy documents. The notice must give the earliest approximate demolition date and the approximate date the tenancy will end. Violations carry actual damages, moving costs, a civil penalty of up to $2,500, and attorney's fees. Applies to: Units for which a demolition permit application has been filed Source: Cal. Civ. Code § 1940.6 |
| Former military ordnance location | A landlord who actually knows of a former federal or state ordnance location (an area once used for military training that may contain explosive munitions) within one mile of the unit must tell a prospective tenant in writing before the rental agreement is signed. Applies to: Units within one mile of a known former ordnance location Source: Cal. Civ. Code § 1940.7 |
| Contamination remediation order | If a unit is subject to a local health officer's remediation order for contamination (such as methamphetamine), the owner must give every prospective tenant who has applied written notice and a copy of the order. The tenant must acknowledge it in writing before signing, and the notice must be attached to the rental agreement. If the owner does not comply, the tenant may void the rental agreement. Applies to: Units subject to a contamination remediation order |
| Positive rent-reporting offer | Landlords must offer each tenant on the lease the option of having on-time rent payments reported to at least one nationwide credit bureau. For leases signed on or after April 1, 2025, the offer must be made at the time of the lease and at least once a year after. The offer must include a written election form stating that reporting is optional, naming the credit bureau(s), stating any fee (capped at the lesser of actual cost or $10 per month), and explaining how to opt in and out. Applies to: Landlords of buildings with more than 15 units, and landlords of 15 or fewer units who own more than one rental building and are a REIT, corporation, or LLC with a corporate member (assisted housing has a separate rule, § 1954.06) |
Terms California law requires or controls
| Rent and concessions listed separately | For property covered by the statewide rent cap, the gross monthly rent and any owner-offered discounts, incentives, concessions or credits must be separately listed and identified in the lease or any amendment. Applies to: Property covered by Civ. Code § 1947.12 Source: Cal. Civ. Code § 1947.12(a)(1) |
|---|---|
| Non-cash rent payment option | The landlord must allow rent and the security deposit to be paid by at least one method that is neither cash nor electronic funds transfer (a cash-only demand is allowed for up to three months after a bounced or stopped check, with written notice). The landlord may not charge a fee for paying rent or a deposit by check. Applies to: All residential tenancies Source: Cal. Civ. Code § 1947.3(a)-(b) |
| Attorney's fee clauses are reciprocal | If a lease awards attorney's fees to one party or to the prevailing party in a suit to enforce it, the court applies it to whichever party prevails, even if the clause names only the landlord. This right cannot be waived. Applies to: Leases with an attorney's fee clause Source: Cal. Civ. Code § 1717(a) |
| Late fees must be a reasonable pre-estimate | A fixed late fee or other liquidated-damages clause in a residential lease is void unless actual damages would be impracticable or extremely difficult to fix, in which case the parties may agree on a presumed amount. State law sets no dollar cap. Applies to: All residential leases Source: Cal. Civ. Code § 1671(c)(2), (d) |
Clauses that are void in California
| Waiver of deposit, entry, notice and litigation rights | A lease clause is void if the tenant agrees to waive or modify: deposit rights (§ 1950.5) or entry-notice rights (§ 1954); the right to sue the landlord for future claims; the right to any notice or hearing required by law; procedural rights in litigation about the tenancy; or the landlord's legal duty of care to prevent injury or property damage. Any other waiver of a statutory right is void unless the lease is presented before the tenant takes possession. Applies to: Leases executed on or after January 1, 1976 Source: Cal. Civ. Code § 1953(a)-(b) |
|---|---|
| Waiver of habitability and repair rights | An agreement waiving or modifying the tenant's rights under the habitability and repair-and-deduct statutes (§§ 1941, 1942) is void for conditions that make the unit untenantable. The parties may agree that the tenant will do some repairs as part of the rent, and a written lease may provide for arbitration of habitability disputes. Applies to: All residential leases Source: Cal. Civ. Code § 1942.1 |
| "Nonrefundable" deposits | A lease may not call any security deposit "nonrefundable." Any fee charged at the start of a tenancy to process a new tenant (other than a screening fee) counts as security and is refundable under the deposit law. Applies to: All residential leases Source: Cal. Civ. Code § 1950.5(b), (n) |
| Limits on calling police or emergency help | Any lease clause that prohibits or limits a tenant's, resident's or other person's right to call law enforcement or emergency help for a victim of abuse or crime or a person in an emergency is void. Penalizing a tenant for such calls is also prohibited. Applies to: All residential leases |
| Waiver of rent-cap or just-cause rights | Any waiver of rights under the statewide rent cap or just-cause eviction law is void. Applies to: Property covered by the Tenant Protection Act |
| Fees for serving notices | A landlord may not charge a tenant a fee for serving, posting or otherwise delivering a termination notice. Applies to: All residential tenancies Source: Cal. Civ. Code § 1946.1(i) |
| Declawing or devocalizing pets | A landlord who allows animals may not require, as a condition of renting, that a tenant's animal be declawed or devocalized, or refuse to rent because an animal has not been. Applies to: Rentals that allow animals Source: Cal. Civ. Code § 1942.7(a) |
Format and delivery rules
| Copy of the lease to the tenant | The owner or the person signing for the owner must give the tenant a copy of the lease within 15 days after the tenant signs, and another copy once a year within 15 days if the tenant asks. For an oral agreement, the owner must give a written statement of the owner, manager and rent-payment information within 15 days. Applies to: All residential tenancies Source: Cal. Civ. Code § 1962(a)(4), (b) |
|---|---|
| Translation when negotiated in another language | A landlord who negotiates a lease primarily in Spanish, Chinese, Tagalog, Vietnamese or Korean must give the tenant, before signing, a translation of the entire lease in that language, and a notice in that language at signing. The rule covers leases longer than one month. If the landlord does not comply, the tenant may rescind. It does not apply when the tenant negotiates through the tenant's own adult interpreter. Applies to: Leases over one month negotiated primarily in one of the five languages |
| Automatic renewal clauses in bold | A clause that automatically renews or extends the lease if the tenant stays or does not give notice is voidable by the tenant unless, in a printed lease, the clause is in at least 8-point boldface type in the body of the lease and a statement that the lease contains it appears in at least 8-point boldface immediately before the tenant's signature line. Applies to: Leases with automatic renewal or extension clauses Source: Cal. Civ. Code § 1945.5 |
| Minimum type sizes for required notices | Required notices have minimum type sizes: 8-point for the Megan's Law and flood notices, 10-point for the bed bug notice, and 12-point for the Tenant Protection Act notice. Applies to: Leases that must contain these notices |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by California law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice California law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with California law (Cal. Civ. Code § 1671(c)(2), (d)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the California limit (Cal. Civ. Code § 1950.5(c)(1), (c)(5)). Landlord will return it, minus lawful deductions with any required itemized list, within the time California law sets (Cal. Civ. Code § 1950.5(h)(1)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice California law requires (Cal. Civ. Code § 1954), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than California law requires.
14. Rent and concessions listed separately. (Write this clause to meet California law: see "Rent and concessions listed separately" above (Cal. Civ. Code § 1947.12(a)(1)).)
15. Non-cash rent payment option. (Write this clause to meet California law: see "Non-cash rent payment option" above (Cal. Civ. Code § 1947.3(a)-(b)).)
16. Attorney's fee clauses are reciprocal. (Write this clause to meet California law: see "Attorney's fee clauses are reciprocal" above (Cal. Civ. Code § 1717(a)).)
17. Late fees must be a reasonable pre-estimate. (Write this clause to meet California law: see "Late fees must be a reasonable pre-estimate" above (Cal. Civ. Code § 1671(c)(2), (d)).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by California law: Owner, manager and rent-payment information; Sex-offender database (Megan's Law) notice; Flood hazard disclosure; Bed bug information notice; Smoking-prohibited areas; Rent-cap and just-cause notice (Tenant Protection Act); Exemption notice for single-family homes and condos; Shared gas or electric meters; Periodic pest control notice; Demolition permit; Former military ordnance location; Contamination remediation order; Positive rent-reporting offer. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
Lease agreement templates for other states · California landlord-tenant law · More templates
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.