Landy

California Residential Lease Agreement

A lease that works in the State of California has to respect California landlord-tenant law: a security deposit capped at one month's rent, accounted for within 21 days of move-out, and late fees that must be reasonable rather than capped at a fixed number. Below is every number that governs a California tenancy, with the statute it comes from.

Read the whole lease before you pay. $14.99 to download, or three for $29.

California rental law at a glance

Each row is the rule Landy applies when it builds a California lease. The citation is printed in the finished document too, so a tenant can check it.

California landlord-tenant rules with statutory citations
RuleCaliforniaCitation
Security deposit limitone month's rentSecurity deposit may not exceed one month's rent for most landlords, whether the unit is furnished or unfurnished.Cal. Civ. Code § 1950.5
Deposit return deadline21 daysLandlord must return the deposit with an itemized statement within 21 days after the tenant vacates.Cal. Civ. Code § 1950.5
Interest on depositsNot requiredCalifornia does not require deposit interest statewide, though some rent-controlled cities do.Cal. Civ. Code § 1950.5
Late fee limitMust be reasonable — no fixed number set by statuteA late fee must be a reasonable estimate of the landlord's actual costs; California courts void fees that operate as penalties.Cal. Civ. Code § 1671
Grace period before rent is lateNo statutory grace periodCalifornia sets no statutory grace period for rent.No statute on point
Notice to pay or quit3 daysTenant has 3 days, excluding Saturdays, Sundays, and judicial holidays, to pay rent or vacate.Cal. Code Civ. Proc. § 1161(2)
Time to cure a lease violation3 daysTenant generally has 3 days to remedy a curable lease violation.Cal. Code Civ. Proc. § 1161(3)
Ending a month-to-month tenancy30 days' noticeLandlord must give 30 days' notice to end a month-to-month tenancy, or 60 days if the tenant has lived there a year or more.Cal. Civ. Code § 1946.1
Notice before landlord entry24 hoursLandlord must give at least 24 hours' written notice before entering, except in an emergency.Cal. Civ. Code § 1954

Disclosures a California lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

  • Lead-Based Paint Disclosure

    Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.

    42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978

  • Megan's Law Database Notice

    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. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.

    Cal. Civ. Code § 2079.10a

  • Toxic Mold Disclosure

    Landlord discloses any knowledge of the presence of visible mold in the dwelling that exceeds permissible exposure limits or poses a health threat, and has provided the state-approved consumer handbook on mold where required.

    Cal. Health & Safety Code § 26147

  • Bed Bug Disclosure

    Landlord has provided Tenant with the state-required information about bed bugs, including their appearance, behavior, and the importance of prompt reporting of suspected infestations.

    Cal. Civ. Code § 1954.603

  • Flood Hazard Disclosure

    If the dwelling is located in a special flood hazard area or an area of potential flooding, Landlord discloses that fact and notes that Landlord's insurance does not cover Tenant's personal property.

    Cal. Gov. Code § 8589.45

If things go wrong in California

Where eviction is filed

Superior Court, as an unlawful detainer.

Governing law

Cited from the California Civil Code.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

California lease questions, answered

How much can a landlord charge for a security deposit in California?
Security deposit may not exceed one month's rent for most landlords, whether the unit is furnished or unfurnished. (Cal. Civ. Code § 1950.5) The deposit must be accounted for within 21 days after the tenancy ends (Cal. Civ. Code § 1950.5).
Is there a limit on late fees in California?
A late fee must be a reasonable estimate of the landlord's actual costs; California courts void fees that operate as penalties. (Cal. Civ. Code § 1671)
How much notice must a landlord give before entering a rental in California?
Landlord must give at least 24 hours' written notice before entering, except in an emergency. (Cal. Civ. Code § 1954)
How do you end a month-to-month tenancy in California?
Landlord must give 30 days' notice to end a month-to-month tenancy, or 60 days if the tenant has lived there a year or more. (Cal. Civ. Code § 1946.1)
What happens if a tenant does not pay rent in California?
Tenant has 3 days, excluding Saturdays, Sundays, and judicial holidays, to pay rent or vacate. (Cal. Code Civ. Proc. § 1161(2)) The case is filed as an unlawful detainer in Superior Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in California?
A written lease is not always legally required, but it is what makes the terms enforceable and provable. A written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to California with the statutory citations printed in it.

Build a California lease with these rules already in it.

Answer questions in plain English. Landy writes the California lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes California law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed California attorney review your lease before you rely on it.