A California standard residential lease agreement is a legally binding contract between a landlord and a tenant, outlining the terms and conditions of renting a residential property for a fixed term.
Provisions for monthly rent, maintenance, and required notices are stated, defining the circumstances under which the lease can be terminated and outlining any renewal options. Legal disclosures, such as those related to lead-based paint or Megan’s Law, may also be added.
Lease Length Considerations
- The standard lease duration is a maximum of 12 months. While leases extending beyond one year are permissible, they must be in writing.
- Oral leases are valid for durations shorter than one year.
- If the rental agreement does not establish a specific duration, the tenancy is presumed to be month-to-month. [1]
Required Disclosures
- Lead-based paint disclosure.
- Flood hazard area disclosure.
- Bed bug disclosure.
- Disclosure of mold.
- Asbestos disclosure.
- Carbon monoxide and smoke detector addendum.
- Pool and hot tub notice.
- Disclosure of death in rental property.
- Notice of illegal substance contamination.
- Shared utilities disclosure.
- Pet addendum.
- Smoking policy disclosure.
- Just cause and rent limit addendum.
- Satellite dish and antenna addendum.
- Megan’s Law notice.
- Move-in/move-out inspection checklist.
- Notice of foreclosure.
- Pest control notice.
- Ordnance location disclosure.
- Notice of intent to demolish.
More information on the necessary disclosures can be found on our California lease agreement page.
Security Deposit
- Maximum Amount ($): Two months’ rent for unfurnished rentals and three months’ rent for furnished. [2]
- Returning to Tenant: Within 21 days.
Rent Payment
- Grace Period: There is no rent grace period. Rent is due according to the lease.
- Maximum Late Fee: Not specified.
- NSF Fee: A $25 penalty for the first bounced rent check and $35 for any subsequent bounced rent checks. [3]
Landlord Resources
- Landlord-Tenant Laws – Cal. Civ. Code Title 5 Chapter 2 (1940 – 1954.06), Tenant Protection Act of 2019 (AB-1482).
- Handbook – A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities.
