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    California Residential Lease Agreement

    California caps most security deposits at 1 month's rent (2 exceptions apply), and requires its return within 21 days after move-out.

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    California lease rules at a glance

    Key California rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit cap1 month's rent (with exceptions)Cal. Civ. Code § 1950.5(b), (c)
    Deposit return deadline21 days after move-outCal. Civ. Code § 1950.5(h)(1), (h)(3)
    Late feesNo fixed statutory cap. A pre-set residential late fee is liquidated damages and is void unless actual damages would be impracticable or extremely difficult to fix and the amount is a reasonable estimate of the landlord's actual damages from late payment (Civ. Code § 1671(d); Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7) · grace period: no state grace periodCal. Civ. Code § 1671(c)(2), (d), Cal. Civ. Code, Part 4, Title 5, Ch. 2 (Hiring of Real Property) — no grace-period provision
    Landlord entry notice24 hours' noticeCal. Civ. Code § 1954
    Ending a month-to-month lease30 days (either side)Cal. Civ. Code § 1946.1(b)–(d), Cal. Civ. Code § 1946.2(a)
    Rent increase notice30 days (90 days if the increase, alone or combined with other increases in the prior 12 months, exceeds 10% of the lowest rent charged in that period; add 5 days if served by mail (CCP § 1013))Cal. Civ. Code § 827(b)
    Rent controlStatewide limitCal. Civ. Code § 1947.12 (Tenant Protection Act rent cap), Cal. Civ. Code § 1954.52 (Costa-Hawkins Rental Housing Act)
    Eviction notice for unpaid rent3 business days (3-day notice to pay rent or quit)Cal. Code Civ. Proc. § 1161(2)

    California lease disclosures checklist

    California landlords must give a set of written disclosures at or before signing, including the Megan's Law notice, bed bug notice, flood hazard disclosure, Tenant Protection Act notice, owner/manager identity, and federal lead paint disclosure for pre-1978 housing, plus situational notices (Cal. Civ. Code §§ 1946.2(f), 1954.603, 1962, 2079.10a; Cal. Gov. Code § 8589.45). (Cal. Civ. Code §§ 1940.6–1940.9, 1946.2(f), 1947.5, 1947.12(d)(5), 1954.07, 1954.603, 1962, 2079.10a, Cal. Gov. Code § 8589.45, 40 CFR Part 745 Subpart F)

    • Lead-based paint disclosure, lead warning statement and EPA pamphlet — Housing built before 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
    • Megan's Law sex-offender database notice in the lease — Leases of single-family residential property, and of multiunit residential property with more than four dwelling units, entered on or after July 1, 1999 (not literally required for 2–4 unit buildings)Cal. Civ. Code § 2079.10a
    • Bed bug information notice — Before creating a new tenancyCal. Civ. Code § 1954.603
    • Flood hazard disclosure (special flood hazard area / potential flooding, MyHazards link, insurance info) — Every residential lease or rental agreement entered on or after July 1, 2018Cal. Gov. Code § 8589.45
    • Tenant Protection Act rent-cap and just-cause notice (12-point type) — Units subject to Civ. Code § 1946.2/1947.12; in the lease or a signed addendum for tenancies commenced or renewed on or after July 1, 2020Cal. Civ. Code § 1946.2(f)
    • Tenant Protection Act exemption notice for single-family homes/condos — To claim the exemption for separately alienable units not owned by a REIT, corporation, or LLC with a corporate memberCal. Civ. Code § 1947.12(d)(5)(B); § 1946.2(e)(8)
    • Owner/manager name, address and rent-payment information — In every written lease or rental agreement (or written statement for oral agreements)Cal. Civ. Code § 1962
    • Notice of application for demolition permit — Before accepting fees or signing with a prospective tenant, once the owner has applied for a demolition permitCal. Civ. Code § 1940.6
    • Former military ordnance location notice — Landlord has actual knowledge of a former ordnance location in the neighborhood; before signingCal. Civ. Code § 1940.7
    • Shared gas/electric meter disclosure and payment agreement — Tenant's meter serves areas outside the unit; before tenancy or on discoveryCal. Civ. Code § 1940.9
    • Copy of pest control company's pesticide notice — Periodic pest control service contract in place; to each new tenantCal. Civ. Code § 1940.8
    • Pesticide application notice by landlord — Landlord applies pesticide without a licensed operator (unit or common area)Cal. Civ. Code § 1940.8.5
    • No-smoking areas provision — Leases entered on or after Jan. 1, 2012 where the landlord prohibits smoking on any part of the propertyCal. Civ. Code § 1947.5(b)
    • Mold disclosure — Landlord knows or has reason to believe mold exceeding permissible limits or posing a health threat affects the unit/building. Operative only after CDPH adopts mold exposure standards and guidelines (HSC § 26147(e)); CDPH has said science-based limits cannot be set, so the duty is likely not yet triggered, but disclosing known mold remains prudentCal. Health & Safety Code § 26147
    • Offer to report positive rental payments to a credit bureau — At lease signing (leases on/after April 1, 2025) and annually; exempt for buildings of 15 or fewer units unless landlord is a REIT/corporation/corporate-member LLC owning more than one buildingCal. Civ. Code § 1954.07

    MakeLease generates a customizable lease; add these California disclosures and terms.

    Before you sign in California

    Deposit cap exceptions in California
    One month's rent, regardless of whether the unit is furnished Cal. Civ. Code § 1950.5(b), (c)
    • Landlord is a natural person (including a settlor or beneficiary of a family trust) or an LLC whose members are all natural persons, and owns no more than two residential rental properties with no more than four units offered for rent in total; not available if the prospective tenant is a service member: up to 2 months' rent
    • Lease of 6 months or longer: an advance payment of at least 6 months' rent is not barred by the cap: no cap
    • In effect since .
    • Before : Two months' rent for unfurnished units and three months' rent for furnished units (AB 12 (2023) lowered the cap effective July 1, 2024).
    If a deposit is withheld wrongly
    A landlord who retains a deposit in bad faith may owe the tenant up to twice the deposit in statutory damages plus actual damages, and bears the burden of proving deductions were reasonable (Cal. Civ. Code § 1950.5(h)(7), (m)). (Cal. Civ. Code § 1950.5(h)(7), (m))
    Deductions from the deposit
    Landlords must always send an itemized statement of deductions, and must attach copies of invoices or receipts plus the required photographs for repair or cleaning deductions unless those deductions total $125 or less or the tenant signed a valid waiver (Cal. Civ. Code § 1950.5(g), (h)(1)–(h)(4)). (Cal. Civ. Code § 1950.5(g), (h)(1)–(h)(5))
    Interest on the deposit
    California state law does not require landlords to pay interest on security deposits, but several cities (for example San Francisco, Berkeley and Santa Monica) do (Cal. Civ. Code § 1950.5 is silent on interest). (Cal. Civ. Code § 1950.5 (silent on interest))
    Rent control and increases
    Most California rentals more than 15 years old are subject to a statewide cap of 5% plus inflation (never more than 10%) in rent increases over any 12 months, and stricter local rent control may also apply (Cal. Civ. Code §§ 1947.12, 1954.52). (Cal. Civ. Code § 1947.12 (Tenant Protection Act rent cap), Cal. Civ. Code § 1954.52 (Costa-Hawkins Rental Housing Act))

    Statewide Tenant Protection Act cap: rent increases over any 12 months limited to 5% plus regional CPI or 10%, whichever is lower, in no more than two increments; exempts units with certificate of occupancy within 15 years, properly noticed single-family homes/condos not owned by REITs/corporations, owner-occupied duplexes, deed-restricted affordable housing and dorms; repeals Jan. 1, 2030. Local rent control is allowed but limited by Costa-Hawkins (vacancy decontrol; exempts post-Feb. 1, 1995 units and separately alienable single-family homes/condos).

    • In effect since .
    If rent goes unpaid
    Before filing for unpaid rent, serve a written 3-day notice to pay rent or quit that excludes Saturdays, Sundays and judicial holidays, states the exact rent owed (no late fees) and who/where/how to pay (Cal. Code Civ. Proc. § 1161(2)). (Cal. Code Civ. Proc. § 1161(2))
    • In effect since .
    • Before : 3 calendar days, including weekends and holidays.

    California lease FAQs

    How much can a landlord charge for a security deposit in California?

    Most landlords may collect no more than one month's rent as a security deposit (all deposits and fees count), while small individual landlords with no more than two properties and four units may collect up to two months' rent unless the tenant is a service member (Cal. Civ. Code § 1950.5(c)) (Cal. Civ. Code § 1950.5(b), (c)).

    How long does a California landlord have to return a security deposit?

    Landlords must return the deposit, with an itemized statement of any deductions, no later than 21 calendar days after the tenant vacates (Cal. Civ. Code § 1950.5(h)(1)) (Cal. Civ. Code § 1950.5(h)(1), (h)(3)).

    Is there a limit on late fees in California?

    California sets no numeric late-fee cap, but a residential late fee is enforceable only if it is a reasonable estimate of the landlord's actual costs from late payment that would be hard to calculate, so keep fees modest and document how you set them (Cal. Civ. Code § 1671(d); Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7) (Cal. Civ. Code § 1671(c)(2), (d)). California law does not require a grace period before a late fee can be charged, though leases commonly allow until the 5th (Cal. Civ. Code §§ 1940–1954.535 contain no grace-period rule) (Cal. Civ. Code, Part 4, Title 5, Ch. 2 (Hiring of Real Property) — no grace-period provision).

    How much notice must a California landlord give before entering a rental?

    Give the tenant written notice at least 24 hours before entering (six days if mailed), stating the date, approximate time and purpose, and enter only during normal business hours except in emergencies (Cal. Civ. Code § 1954(b), (d)).

    How much notice ends a month-to-month tenancy in California?

    To end a month-to-month tenancy a landlord must give 60 days' written notice if the tenant has lived there a year or more (30 days if less), must state a just cause when the Tenant Protection Act applies, and the tenant must give 30 days' notice (Cal. Civ. Code §§ 1946.1, 1946.2) (Cal. Civ. Code § 1946.1(b)–(d)).

    What disclosures does a California lease need?

    California landlords must give a set of written disclosures at or before signing, including the Megan's Law notice, bed bug notice, flood hazard disclosure, Tenant Protection Act notice, owner/manager identity, and federal lead paint disclosure for pre-1978 housing, plus situational notices (Cal. Civ. Code §§ 1946.2(f), 1954.603, 1962, 2079.10a; Cal. Gov. Code § 8589.45) (Cal. Civ. Code §§ 1940.6–1940.9, 1946.2(f), 1947.5, 1947.12(d)(5), 1954.07, 1954.603, 1962, 2079.10a). The list covers Lead-based paint disclosure, lead warning statement and EPA pamphlet, Megan's Law sex-offender database notice in the lease, Bed bug information notice, Flood hazard disclosure (special flood hazard area / potential flooding, MyHazards link, insurance info), Tenant Protection Act rent-cap and just-cause notice (12-point type), Tenant Protection Act exemption notice for single-family homes/condos, Owner/manager name, address and rent-payment information, Notice of application for demolition permit, Former military ordnance location notice, Shared gas/electric meter disclosure and payment agreement, Copy of pest control company's pesticide notice, Pesticide application notice by landlord, No-smoking areas provision, Mold disclosure and Offer to report positive rental payments to a credit bureau.

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