A California lease agreement records the terms under which a landlord rents property to a tenant. You can use Lumr’s California lease agreement template to create a comprehensive agreement that you can customize to your needs and download in minutes.
A California residential lease agreement is a contract between a landlord and tenant. It outlines the terms for renting a house, apartment, or other residential property.
It normally identifies key details of the lease, including:
Certain California laws, such as Civil Code § 1962, require you to provide several disclosures, as outlined below:
| Disclosure | Requirement |
|---|---|
| 1. Landlord and manager information | You must provide contact details for the property manager, owner or authorized representative, and person receiving rent. |
| 2. Lead-based paint | This is required under federal law for most residential property built before 1978. |
| 3. Bed bugs | New tenants in California must receive written bed bug information. |
| 4. Shared utilities | Landlords must disclose when a tenant’s gas or electric meter also serves another area. |
| 5. Smoking restrictions | If smoking is prohibited, the lease must identify the areas where the restriction applies. |
| 6. Tenant Protection Act | Applicable properties must receive the required statewide rent and just-cause notice. Certain exempt properties also require an exemption notice. |
| 7. Other property-specific disclosures | Additional notices may apply to flooding, pest treatments, asbestos, former methamphetamine contamination, demolition, military ordnance, certain deaths, or condominium conversion. |
It’s important to note that your city or county may impose additional requirements. You should look this up before drafting your own agreement.
The right rental lease agreement in California depends on your property and how long you want the tenancy to last:
When you use a standard lease agreement in California, you typically create a fixed-term tenancy. It’s usually created for one year.
The document should include the:
If both landlord and tenant want to continue the arrangement, you can use a lease extension agreement or lease renewal agreement.
If you want to rent out your property for shorter periods, a California month-to-month lease agreement is more suitable. This type of agreement continues from one month to the next.
A tenant or landlord is usually able to terminate the lease if they give 30 days’ written notice.
However, if the tenant has been there for over a year, the landlord must give at least 60 days’ notice.
A room lease agreement allows you to rent out a single room within a property. The tenant may also be able to access shared spaces like the kitchen and bathroom.
This type of agreement includes all the standard lease details, along with details about the specific room being leased.
If the owner lives in the property, special lodger rules may apply under California law.
A sublease agreement in California allows a tenant to lease all or part of the property to another person, known as a subtenant.
It’s important to carefully read the original lease and check if subleasing is allowed. The original tenant usually remains responsible for abiding by the original lease’s terms.
A commercial lease agreement in California is used when you rent out a space for commercial purposes. It can be used to detail the lease of:
This type of lease covers different terms and responsibilities than a residential lease. It usually outlines what kind of business is permitted to operate in the property, insurance and maintenance details, and operating costs.
To draft a simple California lease agreement form, you can follow these steps.
Start by entering the legal names of the landlord and every tenant who will sign the agreement. Include their contact details.
Next, add details about the property. Include the full address and unit number.
You should also mention if any parking spaces, storage areas, appliances, furnishings, or other areas are covered by the lease.
Outline the dates of the lease. State the move-in date and whether the tenancy is fixed-term or month-to-month. Provide the end date if it’s fixed-term, and include any details about renewal arrangements.
Next, state the monthly rent amount, due date, accepted payment methods, and security deposit amount.
California law generally limits residential security deposits to one month’s rent.
Explain who pays utility bills and who is responsible for maintaining the property.
You should never try to include clauses that would remove required landlord duties under California law.
Detail any specific rules you want to include. This could include whether pets, smoking, guests, and subletting are allowed.
Any rules you include in the agreement must comply with California law.
Include every disclosure that applies to the property. Look over the finished California lease agreement form and make sure everything is correct. Both the landlord and tenant should then sign the document.
You can also use Lumr’s lease agreement template to quickly make a comprehensive agreement that includes all the key details related to the tenancy. Start with our blank lease agreement for California, enter the relevant details, and download your finished lease.
Still have questions about your California home lease agreement or California apartment lease agreement? Review the common questions below.
Yes. A valid lease is generally legally binding once the terms are lawful and both parties have signed it.
In California, some oral rental agreements are allowed. However, if the lease is going to last longer than one year, you generally have to put it in writing.
For most residential rentals, the maximum security deposit is equal to one month’s rent. The tenant must pay the first month’s rent plus the deposit.
Charging two months’ rent may be allowed under the following specific circumstances:
If your property is covered by California’s Tenant Protection Act, you cannot increase the rent by more than 5% plus the change in the cost of living, or 10%, whichever is lower, over a 12-month period.
However, your local laws may be different, and some properties are exempt. Make sure you know what applies to your property before you notify the tenant of the change in rent.
A just-cause eviction is a termination of a lease agreement due to a legally recognized reason.
If your tenant is covered by California’s just-cause law and has lived in the property for the required period, you must have a valid legal reason to end the tenancy. Valid reasons include:
California also allows certain no-fault reasons, such as the landlord moving into the property. You must include the reason in the termination notice.
Yes, but a tenant who leaves a fixed-term lease early may still be responsible for unpaid rent, unless the landlord agrees to end the lease or a legal exception applies.
These exceptions may include:
Usually not. In most cases, a landlord must give reasonable written notice stating the time they want to enter and the reason. 24 hours is generally considered reasonable notice in California.
However, you do not need to give notice in certain situations. This includes emergencies, tenant consent at the time of entry, or abandonment.
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