Key Takeaways
- California lease agreements are legally binding contracts that outline the terms and conditions governing the rental of real property, such as residential or commercial spaces, within the state of California.
- In California, security deposits can’t exceed two months’ rent for unfurnished properties and three months’ rent for furnished ones. They must be returned within 21 days.
- Evictions require written notice and a court order, with notice periods ranging from three to 90 days.
- Landlords must give 24 hours’ notice before entering the property.
- Required disclosures include lead-based paint, bedbugs, mold, and others depending on local ordinances.
California’s leasing laws may incorporate specific provisions addressing issues like rent control, habitability requirements, and disclosure of certain property conditions. Use our California lease agreement templates to ensure compliance and protect the rights of both parties involved in the leasing arrangement.
Lease Agreements by Type
California Residential Lease
Residential Lease Agreement California
Used 4,872 times
Simplify your leasing process with a California residential lease agreement template that saves time and ensures legal compliance.
California Room Rent
Our Room Rental agreement lets you establish a formal arrangement for renting out a room in a residential property in California, outlining the terms and conditions of the lease specific to the occupancy of a designated space within the premises.
California Apartment Lease
Employ our Apartment Lease agreement when formalizing the terms and conditions for renting an apartment in California. The template ensures a comprehensive and legally binding document to outline the rights and responsibilities of both the landlord and tenant.
California Month-to-Month Lease
Use this template when establishing a month-to-month rental agreement for residential or commercial properties in California.
Commercial Lease Agreement
Utilize this template when leasing a commercial property in California to establish the terms and conditions of the rental agreement between a landlord and a tenant for business purposes.
California Lease to Purchase Agreement
Use a California Lease to Purchase agreement when you want to set a rental arrangement with the option for the tenant to buy the property at a later date. Our template provides a structured framework for both parties in the real estate transaction.
California Sublease Agreement
Sublease Agreement California Template
Used 4,872 times
Use this sublease agreement for California to ensure that you include all of the required clauses to make your sublease contract legally binding.
Utilize this template when subleasing a residential property in Arizona to outline the agreement between the original tenant (sublessor) and the new tenant (sublessee), detailing responsibilities and terms.
Understanding California Rental Laws
Understanding rental laws is essential for landlords and tenants to navigate the intricacies of their relationship. Staying informed about California rental laws is crucial for creating a legally sound leasing agreement.
Rent Increase
- In California, landlords can increase rent by 5% of the current rent plus inflation.
- The maximum limit for rent increase is 10%.
- If the increase is less than 10%, tenants should receive a written notice at least 30 days before.
- For increases exceeding 10%, the notice period should be at least 90 days before the effective date.
Payment Terms
- Landlords are not obligated to provide tenants with additional days to pay rent.
- However, a grace period for rent payment can be included in the lease agreement.
NSF (Non-Sufficient Funds) Checks
- If a tenant passes an NSF check, they must pay a service charge to the payee.
- The maximum limit for the first NSF check service charge is $25.
- Subsequent NSF checks will incur an additional charge of $35 each.
California Security Deposit Regulations
In California, a security deposit is a financial arrangement integral to lease agreements that provides a layer of protection for landlords. Typically, it is a sum of money collected by the landlord at the beginning of the lease term, intended to cover potential damages beyond normal wear and tear and unpaid rent. When creating your lease agreement, make sure to comply with the following regulations.
Deposit Limits
- Unfurnished Residential Properties: Up to 2 months’ rent.
- Furnished Residential Properties: Up to 3 months’ rent.
- No state law mandates interest payments on security deposits, regardless of tenancy length.
Return of Deposit
- Upon the termination of tenancy, landlords have 21 days from the tenant’s move-out date to return the entire deposit.
- A written, itemized statement of deductions must be provided, if applicable.
- The statement should detail the reason for each deduction and the corresponding amount.
Duration of the Lease
- The state has no specific statewide regulation dictating the duration of residential leases.
- Standard options include month-to-month, six months, one year, or longer.
- Leases extending beyond a year must be in writing, while oral leases are valid for shorter durations.
Maintenance and Repairs
If something important is broken or unsafe in your rental home, usually, it’s the landlord’s job to fix it. It’s as long as it doesn’t result from the tenant’s failure to exercise ordinary care. Here are some of the things that landlords typically maintain in California under their lease agreement:
- Electrical and Plumbing
- Heating and Air Conditioning
- Smoke Alarms
- Pest Control
- Structural Issues
Additional Clauses
The California state has specific regulations that may require unique clauses. Here are some additional clauses that you might consider including in your lease agreement templates for California:
- Right of Entry
- Abandonment
- Termination
- Dispute Resolution
Disclosures
The law requires landlords to provide certain disclosures to tenants. Here are the required disclosures for a California lease agreement:
- Just Cause and Rent Limit Addendum
- Death on Premises
- Flood Hazard Area Disclosure
- Megan’s Law Disclosure
- Mold Disclosure
- Lead-Based Paint Disclosure
- Pest Control
- Methamphetamine or Fentanyl Contamination Disclosure
- Bedbug Addendum
- Demolition
- Ordnance Locations
- Shared Utilities
- Smoking Policy Disclosure
California Lease Agreement Laws
Lease agreements in California are primarily regulated by California Civil Code, with specific statutes governing various aspects of the landlord-tenant relationship. Here are key California laws that provide a comprehensive framework for the creation, enforcement, and termination of lease agreements in California.
Laws | Name | Description |
Sections 1925-1954 | General Provisions of Contracts | Covers essential elements such as offer and acceptance, consideration, and the capacity of parties to enter into contracts. |
Sections 1940-1954.1 | Hiring of Real Property | Outlines the rights and obligations of landlords and tenants, covering topics such as rent payment, maintenance, and tenant’s right to quiet enjoyment. |
Section 1940.5 | Tenant Protection Act of 2019 | Establishes rules for rent increases and provides tenant protections related to evictions. |
Sections 1941-1954.1 | Habitability and Repairs | Addresses the implied warranty of habitability and outlines the tenant’s right to repair and deduct under certain circumstances. |
Sections 1950-1950.7 | Security Deposits | Regulates the collection, handling, and return of security deposits, including maximum allowable amounts and itemized deductions. |
Sections 1961-1962.7 | Notice Requirements for Lease Termination | Establishes notice requirements for terminating lease agreements by both landlords and tenants. |
Sections 1962-1962.7 | Unlawful Detainer | Outlines the legal process for evictions, including procedures for serving notices and filing unlawful detainer actions. |
Sections 827-1954.3 | Landlord’s Right of Entry | Specifies conditions under which landlords may enter rental units, protecting tenant privacy rights. |
Section 1950.6 | Rent Control in Certain Cities | Additional regulations related to rent increases and evictions in jurisdictions with rent control ordinances. |
Sections 1954.50-1954.535 | Restrictions on Rental of Certain Units | Applies to residential properties where a death occurred, requiring disclosure to prospective tenants. |