A California rental agreement has to do more than the parties agree to on paper. State law imposes California rental agreement requirements that apply to every residential tenancy: written disclosures before signing, a security deposit capped at one month’s rent for most landlords, rent increases limited to 5% plus inflation (or 10%, whichever is lower) on qualifying properties, minimum habitability standards that cannot be waived, and specific rules on entry, screening, and termination. A lease that ignores these rules does not override them; it just exposes the landlord to voided agreements, statutory damages, or lost deposit money.
Written Disclosures Required Before Signing
Several disclosures have to be delivered in writing before a tenant signs. Missing any of them can give the tenant grounds to void the lease or pursue damages.
Lead-Based Paint
For properties built before 1978, federal law requires landlords to disclose known lead-based paint hazards, hand over any existing inspection reports, and provide the EPA pamphlet “Protect Your Family From Lead in Your Home.” The lease itself must include a lead warning statement.1U.S. Environmental Protection Agency. Lead-Based Paint Disclosure Rule (Section 1018 of Title X)
Mold
Landlords who know or have reason to believe mold is present must provide written disclosure when the mold exceeds state permissible exposure limits or poses a health threat under state guidelines. The duty runs to both prospective and current tenants.2California Legislative Information. California Health and Safety Code 26147 – Toxic Mold
Meth or Fentanyl Contamination
If a property has been the subject of a remediation order for methamphetamine or fentanyl lab contamination, the landlord must give prospective tenants written notice and a copy of the order before the lease is signed. The tenant acknowledges receipt in writing, and the notice is attached to the rental agreement. Failure to comply lets the prospective tenant void the lease entirely.3California Legislative Information. California Health and Safety Code 25400.28
Flood Hazard
Since July 2018, landlords with actual knowledge that a property sits in a special flood hazard area or area of potential flooding must disclose that fact. “Actual knowledge” covers written notice from a public agency, flood insurance required by a mortgage holder, or voluntarily carried flood insurance. The disclosure has to note that the landlord’s insurance does not cover the tenant’s personal belongings and recommend that the tenant consider renter’s insurance and flood insurance.
Shared Utility Meters
When a tenant’s gas or electric meter serves areas outside the unit, the landlord must disclose this before the tenancy begins and either reach a written agreement on how the tenant will be compensated or make other arrangements, such as separately metering the shared area.4California Legislative Information. California Civil Code 1940.9
Foreclosure Notice
A landlord who has received a notice of default on the mortgage must give prospective tenants written notice of that fact before a lease is signed. The notice has to explain that the property could be sold in foreclosure and that the tenant’s right to remain may be affected.
Bed Bugs
Before creating a new tenancy, landlords must provide a written notice covering bed bug identification, behavior, the importance of prompt reporting, and the procedure for reporting suspected infestations. It must be in at least 10-point type.5California Legislative Information. California Civil Code 1954.603
Habitability Standards That Cannot Be Waived
Every California rental unit has to meet minimum habitability standards no matter what the lease says. A dwelling is considered untenantable if it substantially lacks any of the following:6California Legislative Information. California Civil Code 1941.1
- A waterproof roof and exterior walls, with unbroken windows and doors.
- Plumbing and gas facilities maintained in good working order.
- Hot and cold running water through approved fixtures connected to a sewage disposal system.
- Functional heating and electrical wiring.
- Building, grounds, and common areas kept clean and free from garbage, rodents, and vermin at the start of the tenancy.
- Floors, stairways, and railings in good repair.
- Beginning with leases entered into or renewed on or after January 1, 2026, a working stove and refrigerator. Either appliance under a manufacturer or public entity recall counts as non-functional.
A landlord who fails to maintain habitable conditions after reasonable notice from the tenant faces potential rent withholding, repair-and-deduct remedies, or lease termination by the tenant.
Security Deposit Limits and Returns
California overhauled its deposit rules effective July 1, 2024. The old two- and three-month limits are gone.
How Much a Landlord Can Charge
For most landlords, the maximum security deposit is one month’s rent, whether the unit is furnished or unfurnished. A narrow exception exists for small landlords: an individual (or an LLC whose members are all natural persons) who owns no more than two rental properties with a combined total of four or fewer units may charge up to two months’ rent. That exception does not apply if the prospective tenant is a military servicemember.7California Legislative Information. California Civil Code 1950.5
Return Deadline and Documentation
Within 21 calendar days after a tenant moves out, the landlord must return the deposit with an itemized statement explaining any deductions. If the landlord or an employee did the repair work, the statement has to describe the work, the time spent, and the hourly rate. If an outside vendor did the work, the landlord must include a copy of the bill or invoice with the vendor’s name, address, and phone number. Deductions for cleaning or repairs must also be supported by photographs. Normal wear and tear cannot be deducted; faded paint and lightly worn carpet fall on the wear side, holes in walls and pet-stained carpet on the damage side.7California Legislative Information. California Civil Code 1950.5
Tenants also have the right to request a pre-move-out inspection, which lets them fix items on the landlord’s proposed deduction list before vacating. A landlord who withholds the deposit or any portion of it in bad faith can be ordered to pay statutory damages of up to twice the deposit amount on top of actual damages, and the landlord carries the burden of proving that any deductions were reasonable.
Rent Payment, Increases, and Notice
Accepted Payment Methods
Landlords must accept at least one form of payment that is not cash and not an electronic funds transfer. A landlord can require cash only if the tenant previously bounced a check or issued a stop-payment order, and even then only for up to three months, with written notice explaining why and a copy of the dishonored check.8California Legislative Information. California Civil Code 1947.3
Rent is due on the date the lease specifies. California does not provide a statutory grace period unless the lease itself includes one. Tenants paying in cash have the right to a written receipt.
Rent Increase Caps
Under the Tenant Protection Act of 2019, landlords of qualifying properties cannot raise rent by more than 5% plus the local percentage change in the cost of living, or 10%, whichever is lower, in any 12-month period. The cap is measured against the lowest rent charged during the prior 12 months, and any discounts or concessions offered are excluded from that calculation.9California Legislative Information. California Civil Code 1947.12
Not every property is covered. The cap generally exempts housing built within the last 15 years, single-family homes not owned by corporations or REITs (provided the owner gives notice of the exemption), and certain owner-occupied duplexes. Some cities, including San Francisco and Los Angeles, have their own rent control ordinances that may impose tighter limits.
Notice of Increases
A landlord must give at least 30 days’ written notice for a rent increase of 10% or less, and at least 90 days’ written notice for an increase above 10%. These notice periods apply to month-to-month tenancies. Fixed-term leases cannot have mid-term increases unless the lease specifically allows them.
Late Fees
California allows late fees in residential leases, but they must be reasonable. Courts look at whether the fee reflects the landlord’s actual costs from a late payment rather than serving as a deterrent or a profit center. A fee with no relationship to actual losses can be struck down as an unenforceable penalty, and the fee has to be written into the lease to be collectible at all. AB 2801, effective in 2025, added further restrictions on late fees for certain residential tenancies, so landlords should verify that their lease terms still fall within the current statutory limits.
Landlord Entry Rules
A landlord’s right to enter an occupied unit is limited. California law permits entry for repairs, scheduled maintenance, showing the unit to prospective tenants or buyers, and inspections ordered by a court. Outside of emergencies, the landlord must provide at least 24 hours’ written notice, or six days if the notice is mailed. The notice must state the date, approximate time, and purpose of the visit, and entry has to happen during normal business hours unless the tenant agrees otherwise.10California Legislative Information. California Civil Code 1954
Emergencies are the exception. A burst pipe, a gas leak, or smoke coming from the unit lets the landlord enter immediately without notice or consent. Repeated unauthorized entry can amount to harassment, and tenants can pursue an injunction or damages.
Screening and Application Fees
Before running a credit check or background report, a landlord needs the applicant’s written permission. The Fair Credit Reporting Act requires a permissible purpose for any consumer report; housing qualifies, but consent still has to come first.
California caps the amount a landlord can charge for a screening fee, and the cap is adjusted annually based on the Consumer Price Index. The fee can only cover the landlord’s actual costs of gathering information about the applicant. A landlord who collects a screening fee but does not actually run a screening report must refund it.
If the landlord rejects an applicant based on information in a screening report, federal law requires an adverse action notice. That notice must identify the company that provided the report, explain the applicant’s right to a free copy within 60 days, and explain the right to dispute inaccurate information. Adverse action includes more than outright denial; requiring a co-signer, a larger deposit, or higher rent than other applicants would pay also triggers the notice requirement.11Consumer Financial Protection Bureau. What Should I Do if My Rental Application Is Denied Because of a Tenant Screening Report?
Fair Housing and Assistance Animals
The federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, or disability. California’s own fair housing laws add sexual orientation, gender identity, source of income, and marital status, among other categories. These protections apply to advertising, screening, lease terms, and eviction practices.
Tenants with disabilities have the right to request a reasonable accommodation for an assistance animal, including both trained service animals and emotional support animals, even in buildings with no-pet policies. A landlord cannot charge a pet deposit or monthly pet fee for an assistance animal. If the tenant’s disability and the need for the animal are not obvious, the landlord may request reliable documentation that the tenant has a disability and that the animal provides disability-related support. The landlord must grant the request unless doing so would impose an undue financial burden, fundamentally change the nature of the housing operation, or the specific animal poses a direct threat to health or safety that no other accommodation can address.12U.S. Department of Housing and Urban Development. Assistance Animals
Ending the Tenancy
Notice Periods
Fixed-term leases end on their expiration date without notice, unless the lease says otherwise. Month-to-month tenancies require written notice from whichever party wants to end the arrangement. A landlord must give at least 30 days’ notice if the tenant has lived in the unit for less than one year, and at least 60 days’ notice if the tenant has been there a year or longer.13California Courts. Types of Eviction Notices for Tenants
Just Cause Eviction
Under the Tenant Protection Act, landlords of covered properties cannot terminate a tenancy without “just cause” once the tenant has occupied the unit for at least 12 months. Just cause falls into two categories:14California Legislative Information. California Civil Code 1946.2
- At-fault causes: nonpayment of rent, breach of a material lease term, nuisance, criminal activity on the property, refusal to allow lawful entry, unauthorized subletting, or refusing to sign a renewal on similar terms after a lease expires.
- No-fault causes: the owner or an immediate family member intends to move in for at least 12 months, withdrawal of the unit from the rental market, or compliance with a government order requiring the tenant to vacate.
When a landlord terminates for a no-fault reason, the landlord must provide relocation assistance equal to one month’s rent, or waive the tenant’s final month of rent. The assistance or waiver must be provided within 15 calendar days of serving the termination notice.
Military Servicemember Protections
Under the federal Servicemembers Civil Relief Act, active-duty military members who receive permanent change-of-station orders or deployment orders for 90 days or more can terminate a residential lease early. The servicemember delivers written notice with a copy of the military orders. For leases with monthly rent, the termination takes effect 30 days after the next rent due date following delivery of notice, and any rent paid in advance beyond that date must be refunded.15Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases
Subleasing and Assignment
A sublease and an assignment are different arrangements. In a sublease, the original tenant rents out part or all of the unit to someone else but stays on the lease and remains responsible for rent and damage. In an assignment, the original tenant transfers the entire interest to a new person, who steps into the tenant’s shoes.
Most California leases require the landlord’s written consent before a tenant can sublease or assign. A landlord who receives a request can say no for a legitimate reason, such as the proposed subtenant’s inability to meet financial qualifications. If the lease is silent on subleasing, courts generally allow it, though the original tenant stays on the hook for the full term. Unauthorized subleasing, where the lease prohibits it and the tenant does it anyway, is grounds for eviction. The only way for the original tenant to fully escape liability is a written release from the landlord, which landlords rarely grant unless the replacement tenant is independently qualified.