Last reviewed July 2026
Written by LawLease Editorial|Reviewed by LawLease Legal Team
California Residential Lease Agreement
A California residential lease agreement is a binding contract between a landlord and a tenant, governed by the Civil Code (§§1940–1954) and the statewide Tenant Protection Act of 2019 (AB 1482). California is one of the most tenant-protective states in the country — here is what the law requires, all built into your lease automatically.
California landlord–tenant law at a glance
| Security deposit limit | 1 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 return | 21 days with an itemized statement and move-out photosCiv. Code §1950.5(g) |
| Rent-increase notice | 30 days for increases ≤10% · 90 days for increases >10%Civ. Code §827 |
| Statewide rent cap | 5% + regional CPI, capped at 10% per year, on covered unitsCiv. Code §1947.12 (AB 1482) |
| Late fees | No fixed cap; must be a reasonable estimate of actual lossCiv. Code §1671(d) |
| Landlord entry | 24 hours’ written notice, during business hoursCiv. Code §1954 |
| Month-to-month termination | 30 days (tenant <1 yr) · 60 days (tenant ≥1 yr); tenant gives 30 daysCiv. Code §1946.1 |
| Just-cause eviction | Required once a tenant has occupied 12+ monthsCiv. Code §1946.2 |
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.
Landlord entry & access
A California landlord must give reasonable written notice — 24 hours is presumed reasonable — stating the date, approximate time, and purpose, and may enter only during normal business hours (§1954). No notice is required in a genuine emergency. Any lease clause that waives the tenant’s entry-notice rights is void (§1953).
Ending a California tenancy
| Week-to-week | 7 days (either party)Civ. Code §1946 |
|---|---|
| Month-to-month, tenant <1 year | Landlord 30 days · Tenant 30 daysCiv. Code §1946.1 |
| Month-to-month, tenant ≥1 year | Landlord 60 days · Tenant 30 daysCiv. Code §1946.1 |
- Just cause — Once a tenant has lived in the unit 12+ months, the landlord needs a statutory “just cause” to end the tenancy — not merely a lease expiration (§1946.2).
- No-fault reasons — Owner move-in, withdrawal from the market, or a substantial remodel require 60 days’ notice plus relocation assistance equal to one month’s rent (§1946.2(d)).
- Domestic violence — A survivor may end the lease on 14 days’ notice with qualifying documentation (§1946.7).
- Military — A servicemember with qualifying orders can terminate with 30 days’ notice under state law (Mil. & Vet. Code §409) and the federal SCRA.
Required disclosures in California
California requires more lease disclosures than almost any other state. Every one that applies to your property is generated automatically:
- Lead-based paint — Federal warning and any known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).
- Megan’s Law — The statutory sex-offender-database notice, verbatim, in every lease (§2079.10a).
- Mold — Written disclosure of known mold above safe limits, plus the state mold booklet (Health & Safety Code §26147).
- Bed bugs — A general bed-bug information notice to every new tenant; no renting a unit with a known infestation (§1954.603).
- Death in the unit — Any death on the property within the last three years (excluding HIV/AIDS-related), if it occurred (§1710.2).
- Flood hazard — If the owner knows the unit is in a special flood hazard area (Gov. Code §8589.45).
- Other — Proposition 65 warnings, demolition permits (§1940.6), shared utility meters (§1940.9), smoking policy (§1947.5), former military ordnance nearby (§1940.7), and meth/fentanyl contamination (§25400.28) where applicable.
Habitability & repairs
California’s implied warranty of habitability requires the landlord to keep the unit livable for the whole tenancy — weatherproofing, working plumbing and heat, hot and cold water, safe wiring, working locks, and clean common areas (§§1941, 1941.1).
If the landlord doesn’t fix a habitability defect within a reasonable time, the tenant may pay for the repair and deduct it from rent — up to one month’s rent, no more than twice a year (§1942). Landlords can’t retaliate against a tenant for a good-faith complaint within 180 days (§1942.5).
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).
LawLease is not a law firm and this page is general information, not legal advice. State laws change and local ordinances may add requirements — verify current rules or consult a California attorney for your specific situation.
California lease 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 much notice does a landlord need to end a month-to-month tenancy in California?
30 days if the tenant has lived there under a year, and 60 days if a year or more; a tenant gives 30 days either way. After 12 months, the landlord also needs a valid “just cause” under the Tenant Protection Act, not just the notice (§§1946.1, 1946.2).
Can a California landlord enter without notice?
Only in a genuine emergency. Otherwise the landlord must give reasonable written notice — 24 hours is presumed reasonable — stating the date, time, and purpose, and enter during normal business hours (§1954).
How much can a landlord raise the rent in California?
For units covered by AB 1482, the increase is capped at 5% plus regional CPI, up to 10% a year, with one increase per 12 months. Notice is 30 days for increases up to 10% and 90 days above that. Single-family homes owned by an individual and buildings under 15 years old are often exempt from the cap (§§1947.12, 827).
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).
Does a California lease need to be notarized?
No. A residential lease is binding once both parties sign; notarization isn’t required by statute (though a lease longer than one year should be in writing).
Can a California tenant break a lease early?
Yes, in defined situations — a domestic-violence, sexual-assault, or stalking survivor can end the lease on 14 days’ notice with documentation (§1946.7), and an active-duty servicemember with qualifying orders can terminate with 30 days’ notice under state law and the federal SCRA.