Residential Lease Agreement
State of California — Template
1. Parties
This Residential Lease Agreement (the “Agreement”) is made on ____________ between ____________________ (“Landlord”) and ____________________ (“Tenant,” whether one or more).
The Landlord’s address for notices is ____________________. Each adult occupant must sign this Agreement and is jointly and severally responsible for its terms.
2. Premises
Landlord leases to Tenant the residential dwelling located at: ____________________________________ (the “Premises”), for residential use only.
The Premises shall be occupied only by the Tenant(s) named above and the following minors: ____________________. Guests staying longer than ____ consecutive days require Landlord’s written consent.
3. Term
The lease term begins on ____________ and ends on ____________. If no fixed end date is stated, the tenancy is month-to-month.
At the end of a fixed term, unless renewed in writing, the tenancy continues month-to-month or ends as the parties agree, subject to the notice each party must give under California law.
4. Rent
Tenant shall pay rent of $________ per month, due in advance on the ____ day of each month, payable to ____________________ at ____________________ by the method(s) the Landlord accepts.
Rent is considered paid when actually received by Landlord. Partial payments do not waive Landlord’s rights.
5. Security Deposit
Tenant shall pay a security deposit of $________ before taking possession. The deposit secures Tenant’s performance and may be applied to unpaid rent, cleaning, and damage beyond normal wear and tear.
Landlord will return the deposit, with an itemized statement of any deductions, within the deadline required by California law after the tenancy ends and Tenant provides a forwarding address.
- Maximum security deposit: 1 month's rent (2 months for small landlords with ≤2 properties/≤4 units; AB 12, July 2024)
- Deposit return deadline: 21 days
6. Late Fees
If rent is not received by the ____ day of the month, Tenant shall pay a late fee of $________ (or ____%), not to exceed the maximum allowed by California law.
A late fee may only be charged as permitted by law and must be stated in this Agreement to be enforceable.
- Late-fee limit: No statutory cap — must be a reasonable estimate of costs from late payment (Cal. Civ. Code § 1671)
- Grace period: No mandatory grace period (many leases include 3-5 day grace period voluntarily)
7. Rent Increases
During a fixed term, rent may not be increased unless this Agreement allows it. For a month-to-month tenancy, Landlord may change the rent only after giving the written notice required by California law.
- Rent-increase notice: 30 days' written notice — 30 days for <=10% increase; 90 days for >10% increase (CA Civil Code 827)
8. Landlord Entry
Landlord may enter the Premises for inspections, repairs, or to show the unit, only after giving the notice required by California law and at reasonable times, except in a genuine emergency (fire, flood, or similar) where no notice is required.
- Landlord entry notice: 24 hours prior written notice except in emergencies (CA Civil Code 1954)
9. Utilities & Services
Tenant is responsible for the following utilities/services: ____________________. Landlord is responsible for: ____________________.
Any shared or master-metered utility must be disclosed and allocated as required by California law.
10. Maintenance, Repairs & Habitability
Landlord shall maintain the Premises in a fit and habitable condition and comply with applicable housing and health codes. Tenant shall keep the Premises clean, use fixtures properly, and promptly report needed repairs in writing.
Tenant shall not make alterations without Landlord’s written consent. Tenant is responsible for damage caused by Tenant, occupants, pets, or guests beyond normal wear and tear.
11. Pets
Pets are: ☐ not permitted ☐ permitted, limited to ____________________. Any pet deposit or pet rent ($________) is subject to the deposit limits under California law. Assistance animals for a person with a disability are not “pets” and are handled under fair-housing law.
12. Use, Conduct & Occupancy
Tenant shall use the Premises only as a private residence, comply with all laws, and not disturb neighbors’ peaceful enjoyment. No illegal activity is permitted. Subletting or assignment requires Landlord’s prior written consent.
13. Standard Terms
Governing law: this Agreement is governed by the laws of the State of California. If any provision is held unenforceable, the remaining provisions stay in effect (severability).
This Agreement, with any attached addenda and required disclosures, is the entire agreement between the parties and may be changed only in a signed writing. A provision that waives a right guaranteed to Tenant by California law is not enforceable.
14. Required Disclosures & Addenda
The following disclosures required in California are incorporated into this Agreement and, where applicable, attached as addenda. Both parties acknowledge receipt.
- Lead-based paint disclosure (federal) (42 U.S.C. § 4852d; 24 CFR Part 35; 40 CFR Part 745)Required for housing built before 1978: disclose known lead hazards, attach the lead-paint disclosure addendum, and provide the EPA pamphlet “Protect Your Family From Lead in Your Home.”
- Late fee disclosure (Cal. Civ. Code § 1671)No statutory cap — must be a reasonable estimate of costs from late payment
- Security deposit limitsMaximum deposit: 1 month's rent (2 months for small landlords with ≤2 properties/≤4 units; AB 12, July 2024). Return within 21 days.
- Landlord entry notice (CA Civil Code 1954)Minimum 24 hours written notice before entry (except emergencies).
- Smoke / CO detector disclosure (Cal. Health & Safety Code § 13113.7)Landlord must install and maintain smoke detectors in every sleeping room and outside each sleeping area (§ 13113.7 governs rental units; § 13113.8 is the separate sale-transfer disclosure). CO detectors required by Cal. Health & Safety Code § 17926.
- Shared utility disclosure (Cal. Civ. Code § 1940.9)If utilities are shared (sub-metered or master-metered with allocation), landlord must disclose this in writing before signing the rental agreement. If not disclosed, tenant may recover $100 statutory damages per violation plus actual damages. Disclosure must explain how costs are allocated.
- Sex offender registry notice (Cal. Civ. Code § 2079.10a)Every residential lease or rental agreement must include a SPECIFIC NOTICE that the California Megan's Law database of registered sex offenders is available at www.meganslaw.ca.gov. The exact statutory language is: 'Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov.' Omitting this notice exposes landlord to liability.
15. Signatures
Landlord: ____________________ Date: __________
Tenant: ____________________ Date: __________
Tenant: ____________________ Date: __________
By signing, each party acknowledges reading and agreeing to this Agreement and receiving the required disclosures listed above.