A well-written lease agreement protects both landlords and tenants by clearly defining expectations, responsibilities, and rules for the rental. In California, residential leases must meet strict legal standards, and omitting required information can result in costly disputes, unenforceable terms, or even penalties. Whether you’re using a standard lease template or writing your own, it’s essential to understand what must be included to stay compliant with California’s landlord-tenant laws. Here’s a breakdown of the key elements every California lease should contain to ensure legal protection and avoid common mistakes.
Basic Lease Information and Party Identification
The first section of the lease should identify all parties involved and the property being leased. This information must be clear and complete.
Include the following:
- Full names of all tenants who will reside at the property
- Name of the landlord or property management company
- Full address of the rental property, including unit number if applicable
- Start and end date of the lease term
- Statement of whether it is a fixed-term or month-to-month tenancy
Including every adult resident as a named tenant helps ensure each person is legally responsible for rent and damages.
Rent Terms and Payment Details
The lease should clearly spell out the amount of rent due and the terms of payment. Ambiguity in this section often leads to disputes or late payments.
Be sure to include:
- Monthly rent amount and due date
- Accepted payment methods (e.g., check, online portal, direct deposit)
- Grace period for late payments, if any
- Late fee amounts and when they are applied
- Returned check fees
- Instructions for where and how rent should be delivered
California law limits late fees to reasonable amounts and prohibits landlords from charging penalties that are considered excessive or punitive.
Security Deposit Terms
California strictly regulates how landlords collect, hold, and return security deposits. Lease agreements must include clear terms regarding the deposit.
Include these details:
- Amount of the security deposit collected
- Statement that it may not exceed the legal limit (two months’ rent for unfurnished, three months for furnished)
- Purpose of the deposit (e.g., to cover unpaid rent, repair damages beyond normal wear)
- Timeline and requirements for return of the deposit after move-out
- Clarification that no portion of the deposit is nonrefundable
Any clause suggesting a nonrefundable security deposit is invalid under California law.
Disclosures Required by California Law
Landlords are legally required to provide specific disclosures to tenants. These disclosures must either be included in the lease or provided as addenda.
Mandatory disclosures include:
- Lead-based paint disclosure for properties built before 1978
- Bed bug disclosure and prevention information
- Megan’s Law disclosure regarding registered sex offenders in the area
- Flood hazard disclosure if the property is in a flood zone
- Pest control notice if periodic treatment is scheduled
- Prop 65 warning for exposure to certain chemicals in the building
- Smoke and carbon monoxide detector compliance
- Asbestos disclosure for older properties, if applicable
- Demolition notice if the unit is subject to planned demolition
Failure to provide these disclosures can result in fines or the loss of your ability to enforce parts of the lease.
Occupancy and Guest Policy
To prevent overcrowding and maintain control of the rental, landlords should clearly state how many people are permitted to live in the unit and set guidelines for guests.
Include the following:
- Maximum number of occupants allowed
- Policy on long-term guests (e.g., more than 14 days in a six-month period)
- Requirement to obtain written approval before adding occupants
- Consequences for violating occupancy limits
This section helps you monitor who is living in the unit and hold unauthorized occupants accountable.
Maintenance and Repair Responsibilities
The lease should clearly outline who is responsible for maintaining the property and how repair issues should be handled. Landlords in California are required to provide and maintain a habitable living space.
Include:
- Landlord’s responsibilities for repairs and upkeep
- Tenant’s responsibilities for cleanliness, minor maintenance, and damage caused by misuse
- Process for submitting maintenance requests
- Emergency repair procedures and contact information
Do not include any language attempting to waive your legal obligation to provide a habitable home, as this is unenforceable.
Entry Rights and Notice Requirements
Landlords are legally allowed to enter the rental unit for specific reasons, but only with proper notice and under lawful circumstances.
Your lease should include:
- Notice requirements (California requires 24 hours’ written notice)
- Permissible reasons for entry (e.g., inspections, repairs, showing to prospective tenants or buyers)
- Entry timeframes (must occur during normal business hours)
- Statement that emergency entry may occur without notice
This protects both the tenant’s right to privacy and the landlord’s right to access.
Rules, Restrictions, and Lease Violations
Clearly state any property rules or restrictions, especially regarding smoking, pets, alterations, parking, and noise. You should also define what constitutes a lease violation and what actions may result in warnings or termination.
Common lease rules include:
- Smoking policy (allowed or prohibited)
- Pet policy, including deposits, restrictions, and pet rent
- Alteration or modification restrictions
- Prohibited activities (e.g., illegal behavior, excessive noise, subletting without permission)
Always ensure that restrictions are clearly explained and applied fairly to all tenants.
Renewal and Termination Terms
Your lease should explain what happens at the end of the rental term. Is the lease automatically renewed? Will it convert to month-to-month? Clarify the process and notice periods required.
Include:
- Renewal process and timeline for notification
- Notice required to terminate the lease (30 days for tenants, 60 days for landlords in most cases)
- Conditions under which the lease can be terminated early
- Any applicable early termination fees or buyout clauses
Make sure this section complies with local and state regulations regarding notice periods and just cause eviction requirements, especially under AB 1482.
Additional Local Ordinances
Many California cities—such as Los Angeles, San Francisco, and Berkeley—have rent control laws or additional tenant protections. Your lease must not contradict any local ordinances, or it may be deemed invalid. Always review local rules before finalizing your lease.
Creating a legally compliant lease in California requires more than just a standard form. Each clause must reflect current law, address tenant rights, and clearly define the expectations for both parties.