Free California Lease Agreement Template

A California lease agreement is a written contract between a landlord and a tenant that explains the terms for renting a residential property in California. It covers the rent amount, when payments are due, how the security deposit works, who handles repairs, and any special rules for using the property.

Landlords use a California lease agreement when renting out a house, apartment, condo, or room. Putting the terms in writing helps prevent misunderstandings and ensures both parties understand their rights and responsibilities under California law.

California has strict landlord-tenant rules, including rent control, security deposit limits, and notice requirements. Key rules include:

• Security deposit maximum: In most cases, landlords can charge up to one month’s rent as a security deposit. They may charge up to two months’ rent only if the landlord is a natural person (or qualifying LLC) and owns no more than two residential properties with no more than four units total (CA Civ Code § 1950.5).
• Security deposit return: Landlords must send an itemized statement and return any remaining deposit within 21 days of move-out (CA Civ Code § 1950.5).
• Annual rent increases: Many rentals are capped at 5% plus inflation, or 10% of the previous year’s lowest rent, whichever is lower (CA Civ Code § 1947.12).
• Deducting rent for repairs: Tenants may use a “repair and deduct” remedy and withhold up to one month’s rent if the landlord fails to fix serious habitability issues (CA Civ Code § 1942).
• Price gouging protections: During declared emergencies, landlords generally cannot raise rent by more than 10% (CA Penal Code § 396).
• Landlord entry: Landlords usually must give at least 24 hours’ notice before entering a rental unit for non-emergency reasons (CA Civ Code § 1954). If the notice is mailed, it must be mailed at least six days prior to the date of intended entry.

Document Genius’s guided form helps you incorporate these rules so your California lease agreement stays aligned with state law.

California landlords use different lease types, such as fixed-term leases, month-to-month rental agreements, room rental agreements, and rent-to-own arrangements. Any lease longer than one year must be in writing, but it is best practice to put all agreements in writing for clarity (California Statute of Frauds overview).

Major cities like Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, and Sacramento may have local rent control rules or additional tenant protections. Always review city-specific ordinances when drafting your California lease agreement.

California law limits how much a landlord can collect as a security deposit and explains how it must be returned.

• Deposit limit: In most cases, the security deposit cannot exceed one month’s rent. Landlords who are natural persons (or certain LLCs) and own only a small number of units may charge up to two months’ rent (CA Civ Code § 1950.5).
• Bank account rules: State law does not require landlords to place the deposit in a separate account or pay interest, though some local rules may be stricter.
• Return deadline: Landlords must send an itemized statement and return any remaining deposit within 21 days after the tenant moves out (CA Civ Code § 1950.5).
• Estimated repairs: If repairs cannot be finished within 21 days, the landlord may provide a good-faith estimate of the costs, then send a final itemized statement within 14 days after repairs are complete.
• Allowable deductions: Common deductions include unpaid rent, cleaning to restore the unit to move-in condition (excluding normal wear and tear), and repair of tenant-caused damage.

Spelling out these details in your California lease agreement helps make move-out smoother and reduces deposit disputes.

California does not require rent to be due on a specific date, so your lease should clearly state when rent is due and how it must be paid.

• Rent due date: Most leases use the first of the month, but any date can be chosen as long as it is written in the agreement.
• Rent increases: Under the statewide Tenant Protection Act (AB 1482), many rentals are subject to a cap of 5% plus inflation, or 10% of the previous year’s lowest rent, whichever is lower (CA Civ Code § 1947.12). Some properties are exempt, and local rent control rules may be stricter.
• Late fees: Reasonable late fees are allowed if they are clearly described in the lease. There is no statewide grace period requirement.
• Nonpayment of rent: If a tenant does not pay on time, landlords may serve a three-day notice to pay or quit before starting eviction.
• Repair and deduct: Tenants may deduct up to one month’s rent for qualifying repairs if the landlord fails to fix serious habitability issues after receiving notice (CA Civ Code § 1942).

Including rent due dates, payment methods, late fees, and rent increase rules in your California lease agreement helps set clear expectations from the start.

California enforces strong price gouging rules to prevent unfair rent hikes during emergencies. Under CA Penal Code § 396, landlords generally cannot increase rent by more than 10% after an emergency declaration, unless a specific exception applies.

• Rent cap during emergencies: Rent increases above 10% are usually illegal while price gouging protections are in effect.
• Repair-related increases: If a landlord completes substantial repairs or improvements beyond normal maintenance, they may spread related rent increases over time.
• Covered rentals: Price gouging protections usually apply to leases of one year or less, including many short-term and month-to-month rentals.

Landlords who violate price gouging rules may face fines, jail time, or both. You can check active emergency orders and areas under price gouging protections through the California Governor’s Office of Emergency Services.

California law balances tenants’ privacy with a landlord’s need to access the property. Except in emergencies, landlords must give proper notice before entering a unit.

• Emergency entry: No advance notice is required if there is an emergency, such as a fire, gas leak, or major water leak.
• Routine entry: Landlords must usually give at least 24 hours’ written notice before entering for repairs, inspections, or to show the property (CA Civ Code § 1954). When mailing the notice, it should be deposited in the mail at least six days in advance.
• Move-out inspections: For a pre-move-out inspection, landlords must generally give at least 48 hours’ notice (CA Civ Code § 1950.5).

Your California lease agreement should explain when and how the landlord may access the unit so everyone understands the rules.

Both landlords and tenants have responsibilities to keep a rental safe and habitable.

Landlord Responsibilities

• Habitability: Landlords must provide a rental that is fit for human occupation and meets basic health and safety standards (CA Civ Code § 1941).
• Repairs: Landlords must fix serious issues that affect habitability within a reasonable time after receiving notice.
• Repair and deduct limits: If the landlord fails to respond, tenants may make certain repairs and deduct the cost from rent, up to one month’s rent and generally no more than twice in a 12-month period (CA Civ Code § 1942).

Tenant Responsibilities

• Upkeep: Tenants are expected to keep the unit clean and sanitary, dispose of trash properly, and avoid damaging the property.
• Reporting issues: Tenants should promptly report leaks, structural problems, or other hazards so the landlord can address them.

Document Genius helps you outline these responsibilities clearly in your California lease agreement to reduce repair disputes.

California law requires landlords to give tenants specific disclosures about health, safety, and property conditions. These notices help keep tenants informed and reduce legal risk for landlords.

Health and Safety Disclosures

• Lead-based paint: Required for homes built before 1978 (42 U.S.C. § 4852d).
• Carbon monoxide detectors: Landlords must provide detectors and inform tenants of basic maintenance responsibilities (CA Health & Safety Code § 17926.1).
• Mold: If aware of mold that meets certain health standards, landlords must give a written disclosure (CA Health & Safety Code § 26147).
• Asbestos (older buildings): Certain buildings built before 1979 require asbestos notices (CA Health & Safety Code § 25915).

Property Condition and Environmental Risks

• Flood hazard areas: Landlords must inform tenants if the property is in a special flood hazard area or area of potential flooding (CA Gov Code § 8589.45).
• Illegal drug contamination: If a property was contaminated by methamphetamine production, tenants must be informed and cleared notices must be provided (CA Health & Safety Code § 25400.45).
• Death in the unit: Landlords must disclose any death in the unit in the prior three years that was not due to natural causes (CA Civ Code § 1710.2).
• Ordnance locations: If the property is near a former military training ground with possible unexploded munitions, tenants must be warned (CA Civ Code § 1940.7).
• Demolition plans: Landlords must disclose any intent to demolish the property and provide the earliest possible demolition date (CA Civ Code § 1940.6).

Rental Terms and Tenant Rights

• Shared utilities: If units share meters for electricity or gas, landlords must explain how costs will be divided.
• Foreclosure notice: Landlords must inform tenants if the property is in foreclosure (CA Civ Code § 2924.8).
• Rent control and just-cause rules (AB 1482): Many leases must include language explaining rent increase limits and just-cause eviction protections.
• Megan’s Law notice: Leases must include language explaining that tenants can look up registered sex offenders online and direct them to the California Department of Justice Megan’s Law website.

Additional Lease-Specific Notices

• Bed bug information: Landlords must provide written information about bed bugs and outline reporting procedures (CA Civ Code § 1954.603).
• Pest control: When pest control treatments are scheduled, tenants must receive basic information about the chemicals used and any safety instructions (CA Civ Code § 1954.603).
• Smoking policy: Leases must describe where smoking is allowed or prohibited (CA Civ Code § 1947.5).

Document Genius helps you include these disclosures so your California lease agreement stays transparent and compliant.

California law sets specific notice rules for ending a lease and handling a tenant’s belongings.

• Ending a month-to-month tenancy: Landlords may use a 30-day notice to terminate if the tenant has lived there for less than one year, or a 60-day notice if the tenancy has lasted one year or more.
• Abandoned property: After a tenancy ends, landlords must notify former tenants and give them time to reclaim belongings—usually 15 days if the notice is hand-delivered, or 18 days if mailed (California Courts self-help).
• Disposal of belongings: If property is not claimed, the landlord may sell items at public auction. If the total value is under a set threshold, the landlord may dispose of them.

Spelling out notice periods, early move-out rules, and property return procedures in your California lease agreement helps prevent confusion at the end of the tenancy.