California Room Rental Agreement
California room rental agreements can vary widely depending on the situation. From simple verbal arrangements to flexible month-to-month contracts to set-in-stone fixed-term leases, this guide will help you navigate all available options when creating your next rental contract.
Whether you’re house hacking by renting out a spare room in your home or offering short-term lodging to a friend or family member, a legally reviewed California room rental agreement will make the arrangement enforceable and legitimate.
Read on to explore our resources on California room rental laws, including required landlord disclosures, rent payment regulations, access laws, and more. Or, quickly create a customizable agreement using our California-specific template in 15 minutes or less.
California Room Rental Laws
California landlords have specific responsibilities under state landlord-tenant laws. Familiarizing yourself with relevant legislation is crucial for managing certain aspects of room rental agreements, including:
- Required landlord disclosures
- Security deposit laws
- Rent control and increase regulations
- Required notice to terminate
- Lease agreement breaches
- Landlord access laws
- Terminating and renewing agreements
Types of Room Rental Agreements
California landlords can choose between several contract types for room rentals:
- Verbal agreements: While legally binding, verbal arrangements are difficult to enforce if disagreements occur. We recommend against verbal rental agreements.
- Fixed-term leases: A rigid contract outlining rental terms for a specific duration. This option is ideal for long-term renters seeking stability.
- Month-to-month leases: A flexible agreement that automatically renews with each rent payment and allows either party to terminate with proper notice. This option is ideal for short-term renters who prioritize flexibility.
The best lease type for your room rental agreement depends on several factors, including the relationship between landlord and tenant, local ordinances, desired tenancy length, the balance between flexibility and stability, and the ease of lease termination and/or renewal.
Whatever you decide, you must provide your tenant with the following disclosures.
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Required Landlord Disclosures (21)
- Lead-based paint: Landlords must disclose any known lead-based paint or hazards in units built before 1978. Federal law requires this disclosure in all 50 states.
- Landlord contact information: Landlords must provide tenants with the property manager’s name, address, and phone number (Cal. Civ. Code § 1962(4)).
- Rent increase limits: Under the Tenant Protection Act, landlords must provide tenants with a statement explaining rent increase limits.
- Bed bugs: California landlords must inform tenants about bed bugs, including their behavior and biology, and urge tenants to report suspected infestations immediately (Cal. Civ. Code § 1954.603).
- Pest control: If landlords provide pest control services, they must give tenants a notice from the pest control company detailing the target pest, chemicals used (including active ingredients), procedure frequency, and potential adverse effects (Cal. Civ. Code § 1940.8).
- Demolition plans: Landlords must inform tenants about plans to demolish the unit (Cal. Civ. Code § 1940.6).
- Flood zones: Landlords must disclose whether the rental property is in a flood zone (Cal. Gov’t. Code § 8589.45).
- Mold: Landlords must provide tenants with state-provided mold information guidelines as soon as possible if they know of or suspect mold growth within the rental unit (Cal. HSC § 26147).
- Methamphetamine/fentanyl contamination: If an occupant used a rental property to store, manufacture, or use methamphetamine or fentanyl, landlords must provide tenants with written notice of remediation and a copy of the report (Cal. HSC § 25400.28).
- Shared utilities: If utilities like electricity or gas are shared, landlords must explain how they will divide costs among tenants (Cal. Civ. Code § 1940.9).
- Smoking policy: Landlords must disclose the property’s smoking policy in all leases, specifying whether smoking is allowed or prohibited (Cal. Civ. Code § 1947.5).
- Just cause and rent limits: Landlords must inform tenants that most properties require 60 days of written notice for lease termination, that just cause is mandatory for eviction, and that rent increases are capped at 5% plus local inflation or 10%, whichever is lower (Cal. Civ. Code § 1946.2).
- Former ordinance locations: Landlords must disclose any former federal or state military ordinance locations within one mile of the rental property (Cal. Civ. Code § 1940.7).
- Deaths on the property: Landlords must disclose any deaths on the property within the past 3 years, excluding those related to AIDS or HIV (Cal. Civ. Code § 1710.2).
- Sex offender registry: Landlords must include a pre-written clause about the national sex offender registry provided by the Department of Justice (Cal. Civ. Code § 2079.10a).
- Asbestos: Landlords must disclose any known past asbestos contamination(s) for units built before 1979 (Cal. HSC § 25915(a)).
- Carbon monoxide detectors: Landlords must install carbon monoxide detectors in rentals if the unit uses fossil fuel heaters or appliances (Cal. Civ. Code § 17926.1).
- Waterbeds: Landlords may require a waterbed statement if they believe a tenant may use one (Cal. Civ. Code § 1940.5).
- Carcinogenic materials: Landlords must disclose whether the rental unit contains Proposition 65 listed carcinogens (Cal. Civ. Code § 25607.34 (3)).
- Water utilities: If landlords bill water separately, they must inform tenants of the bill date and provide a water bill estimate (Cal. Civ. Code § 1954.204).
Los Angeles requirements: Landlords must include an LA Renters Protections Notice with their lease agreement for tenants in Los Angeles.
Note: TurboTenant includes all these disclosures in their lease agreements, so you don’t have to hunt them down.
Security Deposits
Security deposit limits: California law limits security deposits to 1 month’s rent for unfurnished units or 2 months’ rent if the landlord owns two or fewer properties with four or fewer units (Cal. Civ. Code § 1950.5).
Receipts: Landlords are not required to give tenants security deposit receipts.
Interest: While some local jurisdictions mandate interest payments on security deposits, there is no statewide requirement.
Deductions: Landlords may deduct repair or cleaning costs beyond normal wear and tear from security deposits. They must provide an itemized list of damages and charges (Cal. Civ. Code § 1950.6).
Return of deposit: Landlords must return security deposits to tenants within 21 days of the move-out date (Cal. Civ. Code § 1950.5g).
Pet deposits: Landlords can collect pet deposits, although that total counts as part of the total security deposit and is subject to the same California state regulations.
Rent Payment Regulations
Rent grace period: California law does not require landlords to offer tenants a grace period for late rent payments.
Late rent fees: Landlords may charge late rent fees, which they must specify in the lease. The fees must be “reasonable” (generally around 5-10% of the rent) and should reflect the landlord’s actual damages due to the late payment (Cal. Civ. Code § 1671).
Withholding rent for repairs: If a landlord fails to maintain habitable conditions within a rental unit, tenants may withhold rent to make necessary repairs. As long as the repair cost is less than one month’s rent, tenants can then deduct the cost from future rent payments (Cal. Civ. Code § 1942).
Pet rent: California landlords can charge pet rent, but they must clearly state pet rent policies within the lease agreement.
Rent Payment Increase Rules
California has statewide rent control measures, and numerous cities have their own specific regulations. Typically, landlords can’t raise rent more than twice annually, and state law caps increases at 10% (or 5% plus the inflation rate). Depending on the size of the increase, a landlord’s required notice period for rent increases is typically between 30 and 60 days.
Always reference your local legislation’s rent control regulations before raising rent.
Room Rental Agreement Breaches
Unpaid rent: If a tenant fails to pay rent, a landlord may issue a 3-day Notice to Pay or Vacate (Cal. CCP § 1161(2)).
Lease violations: Landlords can serve a 3-day Notice to Cure or Quit for breaches of the lease agreement (Cal. CCP § 1161(3)).
Illegal evictions: California law prohibits landlords from performing self-help evictions, such as changing the locks or shutting off utilities on a tenant. These actions are illegal and punishable by California law.
Early lease termination: Landlords may hold tenants who break their lease prematurely responsible for paying the remaining rent due until the unit is re-rented.
Landlord Room Access Laws
Advance notice: Landlords must give tenants at least 24 hours of notice before entering their rental unit (Cal. Civ. Code § 1954a).
Immediate access: In emergencies, landlords may enter the property without prior notice (Cal. Civ. Code § 1954b).
Landlord harassment: Courts could consider a landlord who repeatedly enters a tenant’s unit without proper notice or justification to be engaging in landlord harassment. Landlords found in violation by the courts could face fines and/or civil penalties.
Ending a Room Rental Agreement
Procedures for ending a room rental agreement differ depending on the type of lease.
Fixed-term lease: A fixed-term room rental agreement typically ends when the lease expires. Landlords aren’t required to issue tenants advance notice of non-renewal, and neither the landlord nor tenant is obligated to renew a fixed-term lease in California.
Month-to-month lease: To terminate a month-to-month tenancy in California, landlords must provide advance written notice to the tenant. The required notice period depends on the length of the tenant’s residency:
- Less than 1 year: 30 days’ notice is required.
- 1 year or more: 60 days’ notice is required.
There are a few exceptions to the 60-day notice for tenants of 1 year or more:
- A 30-day notice is permitted if a landlord lives in the same unit as a tenant (Cal. Civ. Code § 1946.1).
- A 30-day notice is permitted for newer housing built within the last 15 years (Cal. Civ. Code § 1946.1(b)(4)).
In California, tenants can end a month-to-month tenancy by giving their landlord at least 30 days’ written notice, regardless of how long they’ve lived in the rental unit (Cal. Civ. Code § 1946).
Important note: While California state law doesn’t require just cause for ending month-to-month tenancies, many cities and counties do. Always check local ordinances to understand your rights and obligations as a landlord or tenant.
Room abandonment: If a tenant leaves a rental unit before their lease expires, they may be required to pay the remaining rent due to the landlord until the unit is re-rented, plus any applicable early termination fees.
Tenant’s right to terminate: California law allows tenants to legally break a lease early under specific circumstances, including:
- Active duty military
- Domestic abuse, sexual violence, elder abuse, or stalking
- Uninhabitable rental unit
- Landlord harassment
- An early termination clause in the rental contract
For more information on legal reasons to end a lease, visit our article on breaking a lease in California.
Lease Agreement Renewal
Required renewals: California landlords are not obligated to renew a tenant’s lease once the term expires.
Required notice: California law does not require landlords to provide advance notice if they don’t intend to renew a fixed-term lease. The lease terminates on its specified date unless it contains an automatic renewal provision.
Month-to-month considerations: In California, a month-to-month tenancy automatically renews each time rent is paid (Cal. Civ. Code § 1946).
Important note: Although state law doesn’t mandate lease renewals, many cities and counties have regulations that do. Always consult local ordinances regarding lease renewals in California.
Room Rental Agreement California FAQs
What should I include in a California room rental agreement?
A California room rental agreement should cover these key areas:
- Names of the landlord and tenant(s) and address of the property
- Required landlord disclosures
- Lease duration and terms
- Rent amount, due date, and payment methods
- Security deposit amount and terms
- Utility responsibilities
- House rules and tenant responsibilities
- Landlord’s right of entry
- Lease termination procedures and required notices
- Any other specific terms or agreements required in California
To generate a legally sound room rental agreement, use our California Lease Agreement Template Tool to create your customized document in 15 minutes or less.
How do I legally rent out a room in California?
To rent a room legally in California, landlords should take these steps:
- Research local regulations: Research local zoning laws, building codes, and other relevant ordinances related to room rentals.
- Consider their mortgage and insurance: Ensure your mortgage permits room rentals and update your homeowner’s or rental insurance policy accordingly.
- Prepare the room and determine rent: Get the room ready for a tenant and determine a competitive price.
- Evaluate prospective tenants: Thoroughly screen potential tenants with background and credit checks, and conduct interviews.
- Generate a room rental agreement: Draft a comprehensive lease agreement outlining all terms and conditions.
- Manage rent collection and tenancy: Establish rent collection procedures, maintain accurate accounting and bookkeeping, and address tenant issues promptly.
How can I make a California room rental agreement?
We recommend using a state-specific lease agreement template to create a legally sound California room rental agreement on your behalf.