A California standard residential lease agreement is the written contract between a landlord and tenant that must identify the parties and the property, state the rent and the term, carry the disclosures California law requires at signing, and stay within state limits on deposits, rent increases, entry, and termination. Any clause that conflicts with those limits is unenforceable, no matter what the lease says.
What the Lease Has to Identify
Start with the full legal names of the landlord and every adult tenant who will live in the unit. Matching names to government-issued identification saves trouble if a dispute ends up in court. The property needs a precise description: street address, unit number, and any included spaces like storage lockers or parking stalls.
A fixed-term lease needs clear start and end dates. A month-to-month tenancy only needs a start date, since either side can end it with proper written notice. If the lease is silent on what happens after a fixed term ends, California’s default is that it rolls over to month-to-month.
The lease must also include the name, telephone number, and address of the property owner or authorized manager, plus contact information for the person authorized to receive legal notices.1California Legislative Information. California Code CIV 1962 – Identification of Property Owners
Rent, Fees, and the Rent-Increase Cap
State the monthly rent, the day it’s due, and accepted payment methods. Most California leases put rent due on the first and accept checks, money orders, or electronic transfers.
California does not set a specific statutory ceiling on late fees, but courts only enforce fees that reflect the landlord’s actual cost of a late payment. Around 5% of the monthly rent is widely treated as the safe upper boundary; anything higher is vulnerable to challenge as an unenforceable penalty.
Before the lease is signed, a landlord can charge an application screening fee to cover a background or credit check. Civil Code Section 1950.6 caps that fee and adjusts it annually for inflation. As of late 2025, the maximum is $65.86 per applicant, and the landlord must provide an itemized receipt on request.
Once the tenancy is underway, the California Tenant Protection Act (AB 1482) caps annual rent increases at 5% plus the local consumer price index, or 10%, whichever is lower. The cap applies to most properties at least 15 years old, though some single-family homes and owner-occupied duplexes are exempt. The notice period depends on the size of the increase: 30 days’ written notice for an increase of 10% or less, and 90 days’ notice for anything above 10%.2California Legislative Information. California Code CIV 827 – Rent Increase Notice Requirements
Security Deposit Limits
Since July 1, 2024, most California landlords can collect a maximum security deposit equal to one month’s rent, whether the unit is furnished or unfurnished.3California Legislative Information. California Civil Code 1950.5 – Security for Rental Agreement That replaced the older rule of two months for unfurnished and three months for furnished units.
One exception: a landlord who is an individual (or an LLC made up entirely of individuals) and owns no more than two rental properties totaling four or fewer units can still charge up to two months’ rent. The exception does not apply if the prospective tenant is a service member.3California Legislative Information. California Civil Code 1950.5 – Security for Rental Agreement
Every security deposit in California is refundable. The law does not allow non-refundable deposits, cleaning fees, or pet fees under any label. Deductions are limited to unpaid rent, repair of damage beyond normal wear and tear, and cleaning needed to restore the unit to its move-in condition. After move-out, the landlord has 21 calendar days to return the balance with an itemized statement of any deductions.3California Legislative Information. California Civil Code 1950.5 – Security for Rental Agreement
Mandatory Disclosures
California requires landlords to deliver a specific set of written disclosures before or at the time the lease is signed. Skipping any of them can void parts of the agreement or create liability.
- Lead-based paint disclosure for any housing built before 1978, including the EPA pamphlet “Protect Your Family From Lead in Your Home” and a lead warning statement inside the lease itself.4Environmental Protection Agency. Lead-Based Paint Disclosure Rule (Section 1018 of Title X)
- Written bed bug notice covering identification, behavior, and how to report a suspected infestation.5California Legislative Information. California Code CIV 1954.603 – Bed Bug Infestations
- The California Department of Public Health’s consumer mold booklet, required regardless of whether mold is present.6California Legislative Information. California Health and Safety Code 26148
- Megan’s Law notice directing the tenant to the Department of Justice sex offender database, printed in at least 8-point type inside the lease.7California Legislative Information. California Code CIV 2079.10a – Duty to Provide Notice Regarding Database of Registered Sex Offenders
- Flood hazard disclosure if the landlord knows the property sits in a special flood hazard area or area of potential flooding, with a note that the landlord’s insurance does not cover the tenant’s belongings. This falls under Government Code Section 8589.45.
- Disclosure of any death in the unit within the past three years. After three years there is no automatic duty, but the landlord must answer truthfully if asked.8California Legislative Information. California Code CIV 1710.2 – Disclosure of Death on Property
- Shared utility meter disclosure if the tenant’s gas or electric meter also serves areas outside the unit, together with a written payment arrangement.9California Legislative Information. California Code CIV 1940.9 – Shared Utility Meters
A landlord who fails to provide the shared utility meter disclosure can be ordered by a court to reimburse the tenant for every overpayment going back to when the disclosure should have been made.9California Legislative Information. California Code CIV 1940.9 – Shared Utility Meters
The Habitability Floor the Lease Can’t Waive
Every California residential tenancy carries an implied warranty of habitability, and no lease clause can waive it. Civil Code Section 1941.1 lists the conditions that make a unit legally unfit:10California Legislative Information. California Code CIV 1941.1 – Habitability Standards
- Weatherproof roof, exterior walls, windows, and doors
- Working plumbing and gas facilities
- Hot and cold running water connected to an approved sewage system
- Working heating (California does not require air conditioning)
- Functional electrical wiring and lighting that was up to code at installation
- Clean common areas under the landlord’s control, free of pests
- Floors and stairways in good repair
For any lease entered into, amended, or extended on or after January 1, 2026, the landlord must also provide a working stove and refrigerator. That requirement is new; before 2026, California did not explicitly require landlords to furnish kitchen appliances. Tenants signing or renewing in 2026 should confirm both appliances are present and working before move-in.
A well-drafted lease should spell out which maintenance tasks fall to the tenant (keeping the unit clean, replacing light bulbs, minor upkeep) and which belong to the landlord (structural repairs, plumbing, heating systems), and describe how to submit a repair request. Tenants who follow the stated procedure build a paper trail that protects them if the landlord fails to act.
Landlord Entry
A landlord cannot enter an occupied unit at will. Civil Code Section 1954 limits entry to emergencies, necessary or agreed-upon repairs, showings to prospective buyers or tenants, abandonment, a court order, or a pre-move-out inspection of the deposit condition.11California Legislative Information. California Code CIV 1954 – Landlord Entry
For non-emergency entry, the landlord must give at least 24 hours’ written notice stating the date, approximate time, and purpose. Mailed notice is presumed reasonable if sent six days in advance. Entry has to happen during normal business hours unless the tenant agrees otherwise at the door.
Just Cause Eviction After One Year
Once a tenant has lived in a unit for 12 continuous months, the landlord cannot terminate the tenancy without stating a legally recognized reason in the written termination notice. Civil Code Section 1946.2 divides those reasons into two groups.12California Legislative Information. California Code CIV 1946.2 – Just Cause Termination of Tenancy
At-fault reasons include failing to pay rent, breaching a material lease term after a chance to cure, creating a nuisance, committing waste, criminal activity on the property, unauthorized subletting, refusing lawful landlord entry, using the unit for an illegal purpose, and refusing to sign a lease renewal on substantially similar terms after a written request.
No-fault reasons include the owner or a close family member moving in for at least 12 months as a primary residence, withdrawal of the unit from the rental market, a government order to vacate, or substantial remodeling or demolition.
A no-fault termination triggers relocation assistance. Under state law, that means either a direct payment equal to one month’s rent or a waiver of the final month’s rent. Local rent control ordinances in cities like Los Angeles and San Francisco require significantly higher relocation payments.
Subletting and EV Charging
If the lease prohibits subletting, the tenant is bound by that restriction. If the lease says nothing about subletting, the tenant has an unrestricted right to sublet under California law.13California Legislative Information. California Civil Code 1995.210 – Restrictions on Transfer When the lease requires landlord consent, the landlord must act reasonably and cannot deny permission arbitrarily. Tenants in rent-controlled cities may have additional subletting protections under local ordinances.
For any lease executed, extended, or renewed on or after July 1, 2015, a landlord must approve a tenant’s written request to install an EV charging station in an assigned parking space, provided the tenant meets specific conditions.14California Legislative Information. California Code CIV 1947.6 – Electric Vehicle Charging Stations The tenant covers installation, permits, maintenance, and electricity, and must carry personal liability insurance up to ten times the annual rent. The landlord doesn’t have to create a new parking space, and if the installation effectively reserves a spot for the tenant, the landlord can charge monthly rent for it.
Signing and Getting Your Copy
Both parties must sign for the lease to be enforceable. Electronic signatures are fully valid in California under the Uniform Electronic Transactions Act, so digital signing platforms are on equal footing with ink on paper.15California Department of General Services. Electronic Signatures, Electronic Transactions and Electronic Record Management Policy
After signing, the landlord has 15 days to deliver the tenant a complete copy of the executed lease. Once a year after that, the tenant can request another copy, and the landlord has 15 days to provide it.1California Legislative Information. California Code CIV 1962 – Identification of Property Owners If a copy never arrives, request one in writing right away. That document is the tenant’s proof of every term both sides agreed to.