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California residential lease agreement
As of October 26, 2026, California limits most security deposits to one month’s rent and gives the landlord 21 days after move-out to return the rest with an itemized list.1
A California owner must hand the tenant a copy of the lease within 15 days after the tenant signs it, and another copy once each calendar year on request.2
Preview of the document
Residential Lease Agreement
State of California
1. Parties and property
This Residential Lease Agreement (the “Lease”) is made on Date between Landlord (the “Landlord”) and Tenant (the “Tenant”). The Landlord rents to the Tenant the home at Address (the “Property”).
2. Term
This Lease begins on Start date and ends on End date (the “Term”).
3. Rent
4. Security deposit
5. Utilities and services
6. Use of the Property
7. Pets
8. Smoking
9. Maintenance and repairs
10. Entry by the Landlord
11. Assignment and subletting
12. Moving out
13. Default
14. Notices
15. General terms
16. Signatures
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
California’s rules, with sources
- State form
- California Civil Code Section 1624 makes a lease for longer than one year invalid unless it, or a note or memorandum of it, is in writing and signed by the party to be charged.3
- A California landlord in the rental business who negotiates a lease of more than one month mainly in Spanish, Chinese, Tagalog, Vietnamese or Korean must give the tenant a translation before it is signed.4
- California Civil Code Section 1962 requires the lease to state the name, telephone number and street address of each person authorized to manage the premises.2
- Signing
- A California owner must hand the tenant a copy of the lease within 15 days after the tenant signs it, and another copy once each calendar year on request.2
- Deadlines
- California Civil Code Section 1950.5 gives the landlord 21 calendar days after the tenant moves out to send an itemized statement of the deposit and return whatever is left.1
- A California owner ending a periodic residential tenancy must give at least 60 days’ notice, or 30 days when the tenant has lived in the home for less than one year.5
- A California tenant ending a periodic tenancy must give notice for at least as long as the term of that tenancy.5
- California Civil Code Section 827 requires 30 days’ written notice of a rent increase of 10 percent or less over 12 months, and 90 days’ notice of a larger increase.6
- Taxes and fees
- California Civil Code Section 1950.5 bars a landlord from taking security of more than one month’s rent, on top of the first month’s rent paid at move-in.1
- A California landlord who is a natural person, or an LLC whose members are all natural persons, and owns no more than two rental properties with four units in total may take up to two months’ rent as security.1
- A California lease may not describe any part of the security deposit as nonrefundable.1
- Law
- Under California Civil Code Section 1954, a landlord gives written notice before entering and enters only during normal business hours; 24 hours is presumed reasonable notice.7
- For California tenancies that begin on or after July 1, 2025, the landlord must photograph the unit immediately before or at the start of the tenancy.1
- A California landlord who keeps a deposit in bad faith can be ordered to pay statutory damages of up to twice the deposit, in addition to actual damages.1
Questions about a California lease
How much can a California landlord ask for as a security deposit?
One month’s rent, on top of the first month’s rent, for deposits demanded since July 1, 2024. A landlord who is an individual, or an LLC owned by individuals, with no more than two rental properties and four units in all may ask for two months, except from a service member.
The lease cannot call any part of the deposit nonrefundable, and the landlord cannot charge it for ordinary wear and tear.1
When does a California landlord have to return the deposit?
Within 21 calendar days after the tenant moves out, with an itemized statement. Repair and cleaning deductions come with copies of invoices or receipts, or a description of the landlord’s own work with the time spent and hourly rate; when they total $125 or less, those papers go out only if the tenant asks within 14 days.
Photos are part of the record: since April 1, 2025 the landlord photographs the unit after move-out, before and after the repairs or cleaning it deducts for, and for tenancies starting on or after July 1, 2025 also at move-in. Keeping a deposit in bad faith can cost up to twice its amount.1
How much notice ends a California month-to-month lease?
From the owner, 60 days once the tenant has lived there a year, and 30 days before that. The notice goes in writing, served as the Code of Civil Procedure prescribes or by certified or registered mail.
From the tenant, a notice at least as long as the rental period. A rent increase also needs written notice: 30 days for up to 10 percent in 12 months, 90 days above that.5,6
What does California require a written lease to include?
Section 1962 asks for the name, phone number and street address of the manager and of the owner or agent who receives legal notices, plus who collects the rent and in what form it is paid. The tenant gets a copy within 15 days of signing.
A lease for more than one year has to be in writing. A business that negotiates a lease of more than one month mainly in Spanish, Chinese, Tagalog, Vietnamese or Korean hands over a full translation before signing.2–4
What to have at hand
- Property address and what is included (parking, storage, appliances)
- Start date, end date or month-to-month term
- Monthly rent, due date and security deposit amount
- Rules on pets, smoking, repairs and utilities
It is not a roommate agreement between tenants, and it is not a commercial lease for a store or office.
Frequently asked questions
Can a California landlord enter the home without notice?
Only in an emergency, when the tenant is present and agrees at that moment, or after the tenant has moved out or abandoned the unit. Otherwise Section 1954 requires reasonable written notice, presumed to be 24 hours, and entry during normal business hours.7
Where this information comes from
California’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- California Civil Code Section 1950.5 Open the official page (opens in a new tab) ↩
- California Civil Code Section 1962 Open the official page (opens in a new tab) ↩
- California Civil Code Section 1624 Open the official page (opens in a new tab) ↩
- California Civil Code Section 1632 Open the official page (opens in a new tab) ↩
- California Civil Code Section 1946.1 Open the official page (opens in a new tab) ↩
- California Civil Code Section 827 Open the official page (opens in a new tab) ↩
- California Civil Code Section 1954 Open the official page (opens in a new tab) ↩
Something changed? Tell us what is out of date and we will check the official page again.