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Free California Residential Lease/Rental Agreement

Use our California Lease Agreement to rent out your property.

Updated November 5, 2020

Regardless of your state, your Rental/Lease Agreement will contain standard information mandated by Federal law, including:

The names of both the tenant and landlord,
The property address,
Whether pets are permitted,
Information regarding lead-based hazards,
The amount of rent and security deposit due,
The date and location of when and where the rent is to be paid

However, not all states will have identical lease agreement requirements and may differ on some important issues.

For example, some states may impose stricter security deposit amounts, while others may differentiate on required notice timeframes for a landlord, before entry into a premises.

As long as the Federal minimum requirement is met, states may adopt varying laws and regulations for leasing and renting properties. It is important to familiarize yourself with the specificities and requirements of California state law to ensure your lease agreement adequately protects your financial and legal rights.

Table of Contents

California Residential Lease Agreement Sample
California Landlord and Tenant Laws

1. California Residential Lease Agreement Sample

The sample lease agreement below describes a contract between “Landlord” Tony Stark and “Tenant” Steve Rogers. He agrees to rent a house in Los Angeles for $1,000 per month and continuing on a month-to-month basis. The tenant agrees to pay for all utilities and services for the Premises.

This is a good example of what provisions a simple lease agreement might contain, and how one should look in its final form.

2. California Landlord and Tenant Laws

California imposes specific and distinct requirements for landlords and tenants when executing a Lease/Rental Agreement. For example, the California Civil Code requires the following documents and notifications:

Security Deposit:

For unfurnished premises, security deposits must not exceed two (2) months’ rent, while furnished premises allow for up to 3 months’ rent to be requested by a landlord. (Cal. Civ. Code § 1950.5) (§ 1940.5(g))

Landlords must return security deposits to the tenant within twenty-one (21) days of termination of the Lease/Rental Agreement.

Landlord Right of Entry:

In non-emergency situations, before entering a premises, a landlord must give twenty-four (24) hour notice, while a forty-eight (48) hour notice is required before a tenant moves out. (Civ. Code § 1954(a))

Additional Documents

Bed Bug Addendum

In an effort by the state to reduce the presence of bed bugs and in accordance with the implied warranty of habitability, both the landlord and tenant must declare that the rental unit and any personal belongings have never had a bed bug infestation. (Cal. Civ. Code § 1941.1) (§ 1942.5) (§ 1954.600-1954.605)

Carbon Monoxide Detector Addendum

The landlord is required to maintain carbon monoxide devices and a tenant must be made aware that they have a responsibility to immediately notify the landlord of any defects with those devices. (Cal. HSC § 17926.1)

Disclosure of Asbestos

For buildings built before 1979, the owner must provide all tenants notification of any asbestos-containing materials on the premises. (Cal. HSC § 25915)

Disclosure of Flood Hazard Area

If a residential property resides in a special flood hazard area, every lease or rental agreement must inform prospective tenants of that fact. (Cal. Gov. Code § 8589.45)

Disclosure of Lead-Based Hazards

All California landlords of any building constructed before 1978 must notify all tenants of the potential existence of lead-based hazards. (Title 42 U.S. Code § 4852(d))

Disclosure of Mold

A written disclosure of all mold a landlord knows of, or should reasonably know of, along with a handbook provided by the State Department of Health Services, must be presented to all tenants. (Cal. Civ. Code § 26147-26148) (§ 1941.7)

Disclosure of Ordnance Location

A landlord must provide a written notice of the prior existence of a military training facility in the neighborhood which may still contain explosive munitions. (Cal. Civ. Code § 1940.7(b))

Disclosure of Shared Utilities

The landlord must notify tenants whether the electric or gas utility company services other areas of the house and ensure a fair allocation of the costs amongst all tenants. (Cal. Civ. Code § 1940.9)

If you are living in San Francisco, landlords are legally required to provide a heating system that can sustain a temperature of at least sixty-eight (68) degrees Fahrenheit, for at least thirteen (13) hours, between the hours of 5-11am, and 3-10pm. (Topic No. 257)

Megan's Law Notice

Landlords must specifically include a provision in the lease directing the tenant to the website maintained by the Department of Justice, www.meganslaw.ca.gov.

The website provides information explaining the registered sexual offender database and how to access it. (Cal. Civ. Code § 2079.10(a))

Notice of Death in Rental Unit

Tenants must be notified of any unnatural death that occurred in a unit within the last three years. (Cal. Civ. Code § 1710.2)

Notice of Foreclosure

A landlord must disclose whenever their residential property has entered the foreclosure process. (Cal. Civ. Code § 2924.8)

Notice of Illegal Substance Contamination

A landlord must provide a rental agreement that contains a notification of any prior contamination caused by the production of methamphetamine on the property and all prospective tenants must sign and acknowledge that fact. (Cal. HSC § 25400.28)

Notice of Intent to Demolish

Prior to applying for a permit to demolish a residential property, a landlord must notify current and prospective tenants of the earliest possible date that the building is scheduled to be demolished. (Cal. Civ. Code § 1940.6)

Notice of Pest Control / Periodic Pest Control Service

Landlords must describe any known or reasonably identifiable pests, past and current pest control contracts, and the contact information of a pest control company. (Cal. Civ. Code § 1940.8) (§ 1099)

Pet Addendum to a Lease Agreement

By signing a written pet addendum, the landlord grants the tenant permission to have a pet in the rental unit.

Rental Inspection Checklist

A rental inspection checklist ensures that both the landlord and tenant acknowledge and agree on the condition of each aspect of a rental unit before moving in and moving out.

Satellite Dish & Antenna Addendum

Under FCC regulations, no landlord has the right to restrict a tenant’s use of satellite dishes or television antennas as long as they adhere to certain guidelines. (FCC Order 98-273)

Smoking Addendum

Landlords must provide a clause describing prohibited and limited smoking areas for rental agreements signed after January 1, 2012. (Cal. Civ. Code § 1947.5)