Create a California Lease Agreement with our customizable template!
A California lease agreement is a legally binding real estate contract between the landlord or property management company and the tenants. When signed and dated by the involved parties, it allows the tenant to take legal possession of the property. A California lease agreement can be used for residential or commercial property.
The most commonly used California lease agreements include an apartment lease, a roommate agreement, month to month lease, commercial lease agreement, and a standard residential rental agreement.
While all of the most commonly used California rental lease agreements share many of the same elements, they also have some distinct differences.
California lease agreements must adhere to California laws. If they don't, they are unenforceable in court. There are a lot of different laws that you must consider. You'll learn more about many of them under the sections related to disclosures and security deposits.
Before you sign a California lease agreement, make sure that you read the terms. You also have the right to have an attorney review a California lease agreement before you sign it.
A sample California lease agreement needs:
In California, there are several required disclosures and there are also optional disclosures. Additionally, the lease should explain when the landlord, property management company, or their authorized agent may have access to the property. In general, the landlord must provide at least 24 hours of notice for a non-emergency reason or for maintenance. For move out inspections, landlords must provide 48 hour notice under California law.
The landlord must include a bedbug addendum. This disclosure explains to the tenant that the landlord has no prior knowledge of existing bed bugs before the tenant moves in. The tenant is also instructed to confirm that their furniture doesn't have bed bugs before they move into the unit.
A demolition disclosure must be used if the landlord received any permit to demolish a residential unit. The landlord must tell the tenant about it in the disclosure before the landlord accepts a California lease agreement or deposit for the unit.
If the landlord has defaulted on the mortgage, they must inform the tenant of this at the time or before the lease is signed.
Under federal law, any residential unit built before 1978 is required to have a lead-based paint disclosure. This disclosure notifies the tenants that lead paint may still exist in the building even if it has been repainted.
The State of California also requires its lease agreements to include information about Megan's Law. This is a law that requires authorities to inform the community about the location of convicted sex offenders.
A mold disclosure must also be used to educate the tenant on the health risks posed by mold.
If the landlord of a residential unit has actual knowledge of any former federal or state ordnance locations in the neighborhood, they must disclose that to the tenant before the lease agreement is signed.
If a pest control company has conducted treatment on the property and filed a report, this information must be provided to the tenant.
If the unit has shared utilities, such as a shared electrical or gas meter, the landlord must explain in the California lease agreement how the utilities will be split among those involved.
The landlord must include a smoking disclosure that explains if smoking is allowed. If smoking is allowed, it must explain where smoking may be done, such as a common area.
Common optional disclosures include:
In California, the maximum security deposit that a landlord may charge depends on whether the unit is furnished or unfurnished. A security deposit for a furnished unit can be no more than three months' rent. The security deposit for an unfurnished unit can be no more than two months' rent.
According to state law, the landlord must return any and all security deposits due to the tenant (minus deductions that are documented on an itemized statement) within 21 days.
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