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Free California Co-Signer
Guarantor Agreement Template

The guarantor (co-signer), the landlord the guaranty is given to, and the tenant whose lease it backs.

Last reviewed July 2026

Written by LawLease Editorial

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California Co-Signer Guarantor Agreement

This Co-Signer Guarantor Agreement is built with California as the governing state. These are the California landlord-tenant rules that most often bear on it, with the statute for each.

California rules at a glance

California rules for a Co-Signer Guarantor Agreement
Security deposit limit1 month’s rent (up to 2 for small landlords who own ≤2 properties / ≤4 units); one cap covers any pet depositCiv. Code §1950.5 (AB 12)
Deposit return21 days with an itemized statement and move-out photosCiv. Code §1950.5(g)
No separate pet depositPet deposits must fit inside the one-month cap; service and assistance animals are exempt from any pet deposit or pet rent.
Late feesNo fixed cap; must be a reasonable estimate of actual lossCiv. Code §1671(d)
Returned-check fee$25 for the first bounced check and $35 for each one after (§1719).

Security deposits in California

As of July 1, 2024 (AB 12), most California landlords may collect no more than one month’s rent as a security deposit — furnished or unfurnished — and a single cap covers any pet deposit.

  • Small-landlord exception — A landlord who is a natural person (or an LLC of natural persons) owning no more than two properties totaling four or fewer units may charge up to two months’ rent — but servicemembers are always capped at one month (§1950.5(c)).
  • No separate pet deposit — Pet deposits must fit inside the one-month cap; service and assistance animals are exempt from any pet deposit or pet rent.
  • Return — The deposit and an itemized statement are due within 21 days of move-out, with copies of receipts for any repair or cleaning charge over $125 (§1950.5(g)).
  • Photos — Landlords must take timestamped move-out photos (and, for tenancies starting on or after July 1, 2025, move-in photos) to support any deductions (AB 2801).
  • Pre-move-out inspection — The tenant may request an inspection up to two weeks before leaving; the landlord gives 48 hours’ notice and a list of deficiencies so the tenant can fix them first (§1950.5(f)).
  • Bad-faith penalty — Wrongfully withholding a deposit exposes the landlord to up to twice the amount withheld, plus actual damages (§1950.5(l)).

Rent, late fees & rent caps

For units covered by the statewide Tenant Protection Act (AB 1482), rent increases are limited to 5% plus the regional CPI, capped at 10% in any 12-month period, with only one increase per year (§1947.12). Single-family homes and condos owned by an individual, and buildings under 15 years old, are generally exempt from the cap — but the notice rules below still apply.

  • Increase notice — 30 days’ written notice for an increase of 10% or less over the prior year; 90 days if the increase is more than 10% (§827).
  • Late fees — No statutory number — California treats late fees as liquidated damages that must reasonably approximate the landlord’s actual loss, or they’re void as a penalty (§1671(d)).
  • Returned-check fee — $25 for the first bounced check and $35 for each one after (§1719).
  • No junk fees — Since July 2025, a landlord can’t charge a fee for paying rent by check or for serving a legal notice (SB 611).
  • Local rent control — Costa-Hawkins limits how far cities can go, but places like Los Angeles, San Francisco, Oakland, and Santa Monica run their own stricter ordinances — check the local rent board.

Tenant protections you can’t waive

  • Non-waivable rights — A lease can’t make a tenant waive their security-deposit or entry-notice rights, or the right to sue the landlord (§1953).
  • No separate pet deposit — Beyond the one-month cap (§1950.5(c), post-AB 12).
  • No check or notice fees — SB 611 bars charging tenants to pay by check or to receive a legal notice.
  • Source of income — Refusing a tenant because they pay with a Section 8 voucher is illegal statewide (Gov. Code §12955).

California Co-Signer Guarantor Agreement FAQs

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

Since July 1, 2024, most landlords may charge no more than one month’s rent, furnished or unfurnished (AB 12). A small landlord — a natural person owning two or fewer properties totaling four or fewer units — may charge up to two months, except for servicemembers, who are always capped at one month (§1950.5).

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

21 days after move-out, with an itemized statement, receipts for repair or cleaning charges over $125, and move-out photos. Withholding in bad faith can cost the landlord up to twice the amount wrongfully kept (§1950.5).

More California landlord documents

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