California (CA) lease form
California imposes more mandatory lease disclosures than nearly any other state, spanning mold, bedbugs, flood hazards, sex offender registry notice, AB 1482 rent-cap protections, and over a dozen additional requirements specific to the property and its history. A lease that omits a required disclosure or includes a prohibited clause can render entire provisions unenforceable and expose landlords to tenant remedies including rent withholding, damages, and litigation. Understanding which disclosures are universal versus conditional, and which clauses courts will simply strike, is the foundation of a compliant California lease.
Revun generates a California-ready lease with the required disclosures and clauses built in, then handles e-signature, rent, and renewals on the same platform.
Required for all properties built before January 1, 1978. Landlord must provide the EPA pamphlet "Protect Your Family From Lead in Your Home" and disclose any known lead-based paint or hazards before the lease is signed. Governed by Title X, Section 1018 of federal law.
Health and Safety Code sections 26147 to 26148 require landlords to provide the state Department of Public Health consumer handbook on mold to all prospective tenants before lease signing, regardless of whether mold is known to be present. If visible mold exists, additional written disclosure of that condition is required.
Civil Code section 1954.603 requires landlords to provide written information about bedbug biology, behavior, and the importance of tenant cooperation in detecting and treating infestations. Tenant must acknowledge receipt. Landlords may not rent a unit they know has an active bedbug infestation.
Civil Code section 2079.10a mandates that every residential lease include a written statement directing tenants to the California Department of Justice's Megan's Law website (meganslaw.ca.gov) where they can search for registered sex offenders.
Civil Code section 1962 requires the lease or a written notice to disclose the full name, telephone number, and usual street address of each owner or person authorized to receive service of process, notices, and rent payments. Strict compliance is required; failure can bar an unlawful detainer action.
Civil Code section 1947.5 requires every lease entered into on or after January 1, 2012, to specify the areas on the property where smoking is prohibited if the landlord has restricted smoking anywhere on the premises. If no smoking is permitted anywhere on the property, that must be stated clearly.
Civil Code section 1940.9 requires disclosure before lease signing if the tenant's gas or electric service also serves areas outside the unit (such as common areas or other units), and the lease must explain how costs will be allocated. Separate written disclosure is required if submetering is used.
Civil Code sections 1946.2 and 1947.12 require landlords of covered units to include specific notice language (in at least 12-point font) stating that California law limits rent increases and requires just cause to terminate tenancy after qualifying occupancy. Properties claiming an exemption must include the specific statutory exemption language or the property is treated as covered by the Act.
Government Code section 8589.45 requires landlords with actual knowledge that a property is in a FEMA special flood hazard area or area of potential flooding to disclose that fact in the lease in no smaller than 8-point type. The disclosure must also direct tenants to the Office of Emergency Services MyHazards tool and recommend they consider renter's and flood insurance.
Civil Code section 1710.2 requires landlords to disclose if a prior occupant died in the unit within the past three years, including the manner of death if known, unless the death was AIDS-related (which need not be disclosed unless the prospective tenant asks directly). Deaths more than three years prior need not be disclosed.
Civil Code section 1940.7 requires disclosure if the landlord has actual knowledge that the rental property is located within one mile of a former federal or state military training site where live ammunition or military explosives were used.
Civil Code section 1940.6 requires landlords who have applied for a permit to demolish the rental unit to disclose that fact to any prospective tenant before executing a lease, including the expected date of demolition.
Civil Code section 1940.8 requires landlords who have entered into a contract with a licensed structural pest control company for ongoing services at the property to provide tenants with a copy of the pest control inspection report and any notice of pesticide application.
Effective January 1, 2026, Assembly Bill 747 requires all mandatory recurring fees (trash, water, sewer, or other pass-through charges) to be disclosed upfront in rental advertising and itemized in the lease agreement. Fees not disclosed in the lease may not be collectible.
Civil Code section 1954.07, effective April 1, 2025, requires qualifying landlords (generally those owning buildings with 15 or more units) to offer tenants the option to have positive rent payment history reported to at least one consumer reporting agency. The offer must be made at lease signing and at least once annually. Any fee charged may not exceed $10 per month.
Health and Safety Code section 25400.28 requires a written acknowledgment before lease signing if the property was previously used to manufacture methamphetamine or fentanyl and has not been fully remediated per state standards.
For properties built before 1981, if the landlord knows or reasonably suspects that asbestos-containing materials are present in the unit or common areas, disclosure to prospective tenants is required, including the location and condition of the material, consistent with Labor Code section 6501.8 and related regulations.
General information, not legal advice. Governing statute: California Civil Code, Division 3, Part 4, Title 5, Chapter 2 - Hiring of Real Property (sections 1940 to 1954.071). Confirm current requirements or consult an attorney before finalizing a lease.
California lease FAQ
California requires more lease disclosures than almost any other state. Every lease must include a Megan's Law sex offender registry notice, a bedbug information disclosure, the landlord's full name and address, a smoking policy statement, and AB 1482 Tenant Protection Act notice or exemption language. Conditional disclosures apply based on property characteristics: lead-based paint (pre-1978 buildings), mold handbook, flood hazard zone, death on the premises within three years, military ordnance proximity, pending demolition permit, asbestos (pre-1981 buildings), pest control contract, shared utility metering, and methamphetamine or fentanyl contamination history. As of January 2026, all mandatory fees must also be itemized in the lease under AB 747.
California does not require a written lease for month-to-month tenancies; oral rental agreements are legally valid. However, a written lease is strongly recommended because it is the only practical way to satisfy California's many mandatory disclosure requirements, establish the exact rent and deposit terms, and document the smoking policy and AB 1482 notice. For fixed-term tenancies longer than one year, the lease must be in writing to be enforceable under the statute of frauds.
Since July 1, 2024, Assembly Bill 12 limits most landlords to a maximum security deposit equal to one month's rent, regardless of whether the unit is furnished or unfurnished. A narrow exception allows natural persons or LLCs with all natural-person members who own no more than two residential rental properties totaling four or fewer units to collect up to two months' rent. This exception does not apply when the tenant is an active military service member, who always gets the one-month cap. The cap is an aggregate across all up-front charges that function as security.
California courts will strike several common but unlawful lease provisions. Waivers of the implied warranty of habitability are void under Civil Code section 1942.1. Flat early-termination penalty clauses are unenforceable; landlords may only recover actual damages. Jury trial waivers are void in residential landlord-tenant disputes. Clauses exempting the landlord from negligence liability are contrary to public policy. Self-help eviction provisions (authorizing lockouts or utility shutoffs without a court order) violate Civil Code section 789.3. Entry rights broader than what Civil Code section 1954 permits are also unenforceable, as are clauses that retaliate against tenants for reporting code violations.
California has no statutory percentage cap on late fees, but Civil Code section 1671(d) requires that a late fee in a residential lease be a reasonable estimate of the actual damages caused by late payment. Courts have consistently voided fees above roughly 5 to 8 percent of monthly rent as unenforceable penalties. The practical safe harbor recognized by California courts is 5 percent of the monthly rent. Late fees must also be clearly stated in the lease; a landlord cannot charge a late fee that is not disclosed in the rental agreement.
