California Residential Lease Agreement
What California law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free California lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other California rules your lease has to live with
Beyond the deposit, California law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. California requires at least 24 hours’ notice before a non-emergency entry. — Cal. Civ. Code § 1954(d)(1) ↗
- Rent increases. 30 days' written notice if increase ≤10% of rent charged in preceding 12 months; 90 days if increase >10% (Civ. Code § 827(b)) — Cal. Civ. Code § 827(b) ↗
- Repair and deduct. Permitted after notice and reasonable time: tenant may repair and deduct up to one month's rent, not more than twice in any 12-month period (Civ. Code § 1942(a)) — Cal. Civ. Code § 1942(a) ↗
- Habitability. California law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — Cal. Civ. Code § 1941 (Code Amendments 1873-74, Ch. 612) ↗
Each point links to the California source it was taken from. Rules change; confirm before relying on them.
What California law requires · as of 2026
- Max security deposit
- 1 month's rent
- Deposit return deadline
- 21 days after move-out
- Notice to end month-to-month
- 30 days
Source: Cal. Civ. Code §1950.5 (AB 12, eff. 7/1/2024) · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 21 days after move-out? Ask for it in writing with a California security deposit demand letter; if that doesn’t work, the usual next step is California small claims court.
Need the document itself?
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Required disclosures in California
What California law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Megan's Law database notice (mandatory text)
Every California lease must include the statutory notice telling tenants that information about registered sex offenders is available at www.meganslaw.ca.gov. The wording is set by statute — our template includes it verbatim.
Source: Cal. Civ. Code §2079.10a
Bed bug information
Landlords must give new tenants written information about bed bugs (identification, behavior, prevention, and how to report suspected infestations to the landlord) before entering the lease.
Source: Cal. Civ. Code §1954.603
Rent cap & just-cause notice (AB 1482)
Covered units must include a notice of the statewide rent cap and just-cause eviction protections. Single-family homes and condos are exempt only if the lease contains the specific exemption language and the owner is not a REIT, corporation, or LLC with a corporate member.
Source: Cal. Civ. Code §1946.2, §1947.12
Lead-based paint (federal, pre-1978 buildings)
For housing built before 1978: disclose known lead-based paint hazards, give tenants the EPA pamphlet "Protect Your Family From Lead in Your Home," and include the federal lead warning language.
Source: 42 U.S.C. §4852d
Mold disclosure
Written disclosure to prospective tenants when the landlord knows (or has reasonable cause to believe) that mold on the premises exceeds permissible exposure limits or poses a health threat.
Source: Cal. Health & Safety Code §26147
Shared utility metering
If a gas or electric meter serves areas outside the tenant’s unit (shared meters), the landlord must disclose it before the lease and reach a written agreement on who pays.
Source: Cal. Civ. Code §1940.9
Smoking policy
If smoking is prohibited or limited anywhere on the property, the lease must include a clause describing the areas where smoking is banned.
Source: Cal. Civ. Code §1947.5
Demolition permit
An owner who has applied for a permit to demolish the rental unit must give written notice of the earliest possible demolition date before accepting any deposit or entering the lease.
Source: Cal. Civ. Code §1940.6
Death on the premises (last 3 years) & flood zone
A death on the premises within the prior 3 years must be disclosed (with limited exceptions), and landlords with actual knowledge that the unit is in a flood hazard zone must disclose it to prospective tenants.
Frequently asked questions
How much security deposit can a landlord charge in California?
In California, the security deposit is limited to 1 month's rent, and it must be returned within 21 days after move-out (as of 2026). Source: Cal. Civ. Code §1950.5 (AB 12, eff. 7/1/2024). Confirm the current rule before you sign.
Is this lease valid in California?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in California once both sides sign. What it cannot do is contract around California law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in California?
California requires at least 24 hours' notice for a non-emergency entry. Source: Cal. Civ. Code § 1954(d)(1).
Can a tenant repair and deduct rent in California?
Permitted after notice and reasonable time: tenant may repair and deduct up to one month's rent, not more than twice in any 12-month period (Civ. Code § 1942(a)) Source: Cal. Civ. Code § 1942(a).
What does a landlord have to disclose in California?
Under California law: Megan's Law database notice (mandatory text) (Cal. Civ. Code §2079.10a); Bed bug information (Cal. Civ. Code §1954.603); Rent cap & just-cause notice (AB 1482) (Cal. Civ. Code §1946.2, §1947.12); Lead-based paint (federal, pre-1978 buildings) (42 U.S.C. §4852d); Mold disclosure (Cal. Health & Safety Code §26147); Shared utility metering (Cal. Civ. Code §1940.9); Smoking policy (Cal. Civ. Code §1947.5); Demolition permit (Cal. Civ. Code §1940.6); Death on the premises (last 3 years) & flood zone (Cal. Civ. Code §1710.2; Gov. Code §8589.45). Federal and local rules can add more; each item on this page links to the law it comes from.
How does California compare? See the security deposit limits in all 50 states, every figure cited to statute.
How California compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for California: Cal. Civ. Code §1950.5 (AB 12, eff. 7/1/2024) ↗.
- California is one of 29 of 51 jurisdictions that cap the deposit by statute (22 set no statutory cap on the security deposit).
- Deposit return deadline
Deposit return deadline: 21 days — below the national median of 30 days across the 51 states with a statutory rule.
Ranked #39 of 51 states (tied with 3) — higher means more time for the landlord to return the deposit.
3 other states use the same figure.
Deposit return deadline in neighboring states — Arizona (14 days), Nevada (30 days), Oregon (31 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Arizona (30 days), Nevada (30 days), Oregon (30 days). Every neighboring state with a rule matches California.
The rest of what California requires
The figures below are California's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full California page for that document.
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Cal. Civ. Proc. Code § 1161; Cal. Civ. Code § 1946.1 ↗
- Notice to cure a lease violation · as of 2026
- 3 days Cal. Civ. Proc. Code § 1161; Cal. Civ. Code § 1946.1 ↗
- Small claims limit · as of 2026
- $12,500 (individuals) / $6,250 (entities) Cal. Code Civ. Proc. §§116.220, 116.221 ↗
- Where you file · as of 2026
- Small Claims Court (small claims division of the Superior Court) · filing fee $30 (claims up to $1,500) / $50 ($1,500.01-$5,000) / $75 (over $5,000); $100 flat for frequent filers with more than 12 claims in the prior 12 months (Cal. Code Civ. Proc. §116.230) Cal. Code Civ. Proc. §§116.220, 116.221 ↗
- Rental application fee · as of July 2026
- Capped at $30 per applicant, CPI-adjustable annually since 1998 California Legislative Information ↗
- Bill of sale notarization · as of 2026
- Not required California DMV (Form REG 135) ↗
- Power of attorney signing · as of 2026
- Notarization required Cal. Prob. Code §4121 (form §4401) ↗
- LLC operating agreement · as of 2026
- Required by statute Cal. Corp. Code § 17701.02(s) ↗
- Recording a deed · as of 2026
- County Recorder · no witnesses Cal. Civ. Code § 1091 ↗
Lease agreement in other states
More California legal forms
Different state? See lease agreements by state →