California Residential Lease Agreement

Required Landlord Disclosures (24)

California has one of the most extensive lists of required landlord disclosures in the U.S. Below are the disclosures that landlords must provide to comply with state requirements.

1. Statement on just cause requirements: Landlords must notify tenants if the property is subject to California’s just-cause eviction protections under the Tenant Protection Act (Cal. Civ. Code § 1946.2).
2. Contact information: The landlord or property manager must provide the name, address, and phone number of the person authorized to manage the property and receive legal notices (Cal. Civ. Code § 1962(4)).
3. Notice of change of terms: California landlords subject to statewide rent control laws must provide required notices regarding limits on rent increases and tenant protections under the Tenant Protection Act of 2019 (Tenant Protection Act).
4. Notice of exemption from rent limits: If a property is exempt from statewide rent caps or just-cause requirements, landlords must include a specific exemption notice in the lease agreement (Cal. Civ. Code § 1946.2).
5. Waterbeds: If landlords believe a tenant plans to bring a waterbed onto the premises, they must include a waterbed statement in the lease agreement (Cal. Civ. Code § 1940.5).
6. Bedbugs: California landlords must provide tenants with a bed bug disclosure that includes information on bed bug identification, behavior, and reporting procedures (Cal. Civ. Code § 1954.603).
7. Carbon monoxide detectors: All rental units with fossil fuel-burning appliances or attached garages generally must include carbon monoxide detectors (Cal. Civ. Code § 17926.1).
8. Sex offender registry: Every California rental agreement must include a statement about the Megan’s Law sex offender registry (Cal. Civ. Code § 2079.10a)
9. Smoking policy: Landlords must disclose whether smoking is prohibited or restricted on the property, including in common areas (Cal. Civ. Code § 1947.5(b) (1)).
10. Carcinogenic material: Under Proposition 65, landlords may need to warn tenants about known exposure to chemicals identified by the state as causing cancer or reproductive harm (Cal. Civ. Code § 25607.34 (3)).
11. Asbestos notification: Landlords must disclose known asbestos hazards on the property if asbestos levels exceed legal exposure limits or could pose a health risk during normal use or renovations (Cal. Health & Safety Code § 25915).
12. Death in the rental unit: Landlords must disclose prior deaths in the rental unit within the past 3 years, except HIV/AIDS-related deaths, which are protected information (Cal. Civ. Code § 1710.2).
13. Demolition: Landlords must inform tenants of demolition plans before the lease is signed (Cal. Civ. Code § 1940.6(a)(1)(A)).
14. Flood zone: California landlords must disclose whether the rental property is located in a FEMA-designated flood hazard area or an area of potential flooding (Cal. Civ. Code § 8589.45(a)).
15. Lead-based paint: Landlords of residences built before 1978 must inform tenants if lead-based paint or related hazardous materials may be present on the property and provide them with an EPA-approved pamphlet (42 U.S.C. § 4852d).
16. Methamphetamine or fentanyl contamination: Landlords must disclose whether authorities have issued an order stating that the property was contaminated with methamphetamine or fentanyl. They must provide related remediation documentation before renting the unit (Cal. Health & Safety Code § 25400.28(b)).
17. Mold: California landlords must disclose known mold conditions that exceed permissible exposure limits or pose a health threat to tenants. Landlords may also provide an informational mold booklet published by the state (Cal. Civ. Code § 26147).
18. Ordnance locations: Landlords must inform tenants whether the property is within 1 mile of a former military ordnance site that may contain live ammunition or explosives (Cal. Civ. Code § 1940.7(b)).
19. Pest control: If landlords enter into a contract for periodic pest control service, they must issue tenants a notice of pesticide use and certain information about the pesticides being applied (Cal. Civ. Code § 1940.8).
20. Shared utilities: When rental units share an electrical or gas meter, the leases must explain how the landlord bills for utilities (Cal. Civ. Code § 1940.9).
21. Water service: If water service is billed separately from rent through a submeter system, landlords must provide tenants with specific billing disclosures and formulas explaining how charges are calculated (Cal. Civ. Code § 1954.204).
22. Mandatory fee disclosure: Landlords must disclose all fees upfront. These fees include trash, parking, pest control, and any other charges. Landlords must disclose fees in both advertising and the lease itself. Fees that appear only at signing violate state law (SB 478).
23. Positive rent reporting: Landlords with 16 or more units, or corporate owners of any size, must offer tenants a written opt-in to report on-time rent payments to at least one nationwide credit bureau. The offer must be made at lease signing and at least once annually. Fees may not exceed $10 per month (Cal. Civ. Code § 1954.07)
24. Internet and telecom opt-out: All residential leases entered into, renewed, or continued on or after January 1, 2026, must include a right for tenants to opt out of bundled third-party internet, phone, or satellite services as a condition of tenancy (AB 1414).

Los Angeles-specific: Landlords must include the LA Renters Protections Notice with each contract.

Habitability Standards

California law requires landlords to maintain rental units in a livable, habitable condition throughout the tenancy. Effective January 1, 2026, AB 628 expanded these standards to include essential kitchen appliances.

Security Deposit Regulations

Maximum security deposit amount: California law caps security deposits at 1 month’s rent for both furnished and unfurnished residential units. However, landlords who own no more than 2 residential rental properties with a combined total of 4 or fewer units may charge up to 2 months’ rent (Cal. Civ. Code § 1950.5).

Receipt of deposit: Landlords aren’t required to give tenants a security deposit receipt.

Interest: Some local laws require landlords to pay interest on security deposits, but there isn’t a statewide requirement.

Deduction tracking: As of 2026, California landlords must provide an itemized statement describing security deposit deductions unless the total deduction amount is less than $125. The statement must include the work performed, time spent, and hourly rate charged. If a third party performed the work, landlords must provide a copy of the invoice. If repairs aren’t completed within 21 days, landlords may provide a good-faith estimate followed by final documentation within 14 days after repairs are completed (Cal. Civ. Code § 1950.5(g)).

Returning a tenant’s security deposit: Landlords must return security deposits within 21 days after the tenant vacates the property. Tenants must also receive notice of their right to request an initial move-out inspection and to remedy any identified issues before deductions are made. Beginning in 2025, landlords who make deductions must also take and retain move-in, move-out, and post-repair photographs. Failure to take required photos forfeits the landlord’s right to make any deductions. Landlords may not include automatic cleaning fees, such as mandatory carpet cleaning, in lease agreements (AB 2801, Cal. Civ. Code § 1950.5(g)). If a tenant pays a security deposit electronically, the landlord must return it electronically unless both parties agree in writing to a different method (AB 414).

Landlord’s Access to Property

Advance notice: Landlords must give tenants at least 24 hours’ notice before accessing the property for showings, maintenance, or repairs (Cal. Civ. Code § 1954).

Immediate access: If there is an emergency or the landlord has a court order, they may enter the property without notice (Cal. Civ. Code § 1954).

Landlord harassment: California tenants have a right to quiet enjoyment of their unit. If a landlord repeatedly violates that right through harassment, unlawful entry, or utility interruptions, tenants may sue for damages, seek civil penalties, or potentially terminate the lease early (Cal. Civ. Code § 1927, § 1940.2).

Rent Payment Laws

Grace period: Landlords don’t have to provide tenants a grace period for rent in their California lease agreements.

Late rent fees: California landlords may charge late fees if the lease agreement clearly explains the fee terms. However, the fee must generally be reasonable and tied to the landlord’s actual damages resulting from the late payment, rather than to a fixed statutory percentage or dollar amount (Cal. Civ. Code § 1671).

Tenant’s right to withhold rent: Tenants can sometimes withhold rent or use the repair-and-deduct remedy if they notify the landlord of serious habitability issues and the landlord fails to make repairs within a reasonable timeframe. Effective January 1, 2026, this includes a landlord’s failure to provide or maintain a working stove or refrigerator on qualifying leases under AB 628 (Cal. Civ. Code § 1941.1, § 1942).

Breach of Rental Agreement

Missed rent payment: If tenants fail to pay rent, California landlords may issue a 3-Day Notice to Pay Rent or Quit. The notice allows tenants to pay the overdue rent or move out before the landlord can begin formal eviction proceedings (Cal. Civ. Proc. Code § 1161(2)).

Note: Under AB 246, tenants may assert Social Security hardship as an eviction defense if their benefits were terminated, delayed, or reduced through no fault of their own, and the interruption prevented them from paying rent. If it’s proven, the court stays the eviction until 14 days after the benefits are restored or 6 months, whichever comes first. Past due rent remains owed.

Lease violation: When tenants fail to uphold the terms of their lease, California landlords may issue a 3-Day Notice to Perform Covenants or Quit. If the tenants do not comply, landlords may pursue an at-fault eviction (Cal. Civ. Proc. Code § 1161(3)).

Self-help evictions: Landlords cannot change the locks, shut off utilities, or use similar tactics to force tenants to move out. California law allows eviction only through a court order (Cal. Civ. Code § 789.3).

Lease abandonment: If a landlord believes a tenant has abandoned the property and the tenant hasn’t paid rent for at least 14 days, the landlord may serve a Notice of Belief of Abandonment (Cal. Civ. Code § 1951.2, § 1951.3).

Appliance habitability violation: Effective January 1, 2026, a landlord’s failure to provide or maintain a working stove or refrigerator on a qualifying lease is a habitability violation under AB 628. Tenants may file code enforcement complaints, request rent reductions, or withhold rent until the issue is corrected (Cal. Civ. Code § 1941.1).

Eviction court timeline: Once an unlawful detainer complaint is filed and served, tenants now have 10 court days (excluding weekends and judicial holidays) to file a response—doubled from the previous 5-day deadline under AB 2347 (effective Jan. 1, 2025).

Disaster and Emergency Provisions

California Senate Bill 610 establishes specific landlord obligations when a declared natural or man-made disaster, such as a wildfire, flood, or earthquake, impacts a rental property.

Rent during evacuations: Rent is not owed for any period covered by a mandatory evacuation order, regardless of whether the unit was physically damaged. Landlords may not initiate eviction proceedings based on nonpayment of rent during a covered evacuation period.

Prepaid rent refund: If a tenant has already paid rent in advance for a period that includes days under a mandatory evacuation order, the landlord must return the prorated amount within 10 calendar days after the order is lifted. Alternatively, the tenant may deduct that amount from the following month’s rent (SB 610).

Debris and cleanup: Disaster debris, ash, smoke residue, and related contamination are the landlord’s responsibility to remediate through licensed contractors and in accordance with government-approved protocols. A unit is presumed uninhabitable until cleared by the appropriate public health authority. Landlords must provide written notice to tenants once remediation is complete.

Right to return: Once remediation is complete, tenants have the right to return to the unit at the same rental rate. A disaster does not constitute just cause for eviction under AB 1482. If the property is destroyed or cannot be made habitable within a reasonable time, the tenant may terminate the lease without penalty, and the landlord must return prepaid rent and the security deposit (Cal. Civ. Code § 1946.2, SB 610).

Ending a Lease

Month-to-month: Landlords or tenants may terminate a month-to-month tenancy by providing written notice to the other party. Tenants generally must provide at least 30 days’ notice before moving out, while landlords may need to provide 30 or 60 days’ notice depending on how long the tenant has occupied the property (Cal. Civ. Code § 1946.1).

Fixed-term: If tenants break a California residential lease agreement without legal justification, they may remain responsible for rent for the rest of the lease term unless the landlord re-rents the unit. Tenants may legally break a lease in certain situations, including military service, domestic violence, unsafe property conditions, privacy violations, or harassment.

Property abandonment: After the lease ends, if tenants abandon personal property, landlords must provide notice stating the storage costs, the collection location, and the date on which the property will be considered abandoned. After that date, landlords may dispose of belongings worth less than $700. Landlords generally must sell property worth more than $700 and return any remaining proceeds to the tenant or county treasury after deducting allowable costs (Cal. Civ. Code § 1983 – § 1991).

Renewing a Lease

Required renewals: California landlords are not legally required to renew lease agreements. However, if the tenant remains in the unit after the lease expires and the landlord continues accepting rent payments, the tenancy may convert to a month-to-month arrangement under the existing lease terms (Cal. Civ. Code § 1945).

Required notice: California landlords who choose not to renew certain tenancies may need to provide written notice at least 30 or 60 days before termination, depending on how long the tenant has occupied the property and whether the unit is covered by just-cause eviction protections (Cal. Civ. Code § 1946.1, § 1946.2).