California Lease Agreement Requirements — Disclosures, Deposits, Rent Cap, Just-Cause (2026)

The California regulatory framework

California residential landlord-tenant law sits in three overlapping layers: the California Civil Code (especially §§ 1940–1954 for general residential tenancies and § 1946.2 / § 1947.12 for AB 1482), state-level disclosure statutes scattered across the Health & Safety Code and Business & Professions Code, and local ordinances (often substantially stricter). A California lease that satisfies state law may still fail to comply with municipal rent-control or just-cause rules in a covered city — always check both layers.

Required disclosures

California requires several specific disclosures in residential leases. The most common — and the ones most often missed in landlord-prepared leases:

Federal lead-based paint disclosure — required for residential properties constructed before 1978 (federal Title X / 24 C.F.R. § 35.92). Includes the EPA pamphlet, disclosure of known lead-based paint, and tenant acknowledgment with signature.
Megan's Law database notice (Cal. Civ. Code § 2079.10a) — required in every residential lease. The disclosure does not require the landlord to research individual offenders; it points the tenant to the California Department of Justice website.
Mold disclosure (Cal. Health & Safety Code § 26147) — required when the landlord knows or has reasonable cause to believe mold is present at levels exceeding health-threshold standards.
Bedbug disclosure (Cal. Civ. Code § 1954.603) — required to disclose any bedbug infestation history known to the landlord, and to provide written information on bedbug identification and reporting.
Asbestos disclosure (Cal. Health & Safety Code § 25915 et seq.) — required for buildings constructed before 1981 where the landlord knows of asbestos-containing construction materials.
Demolition notice — required if a demolition permit has been issued for the property; tenant must be given at least the longer of state-required minimum notice or 60 days before any demolition affecting their unit.
AB 1482 rent cap and just-cause notice (Cal. Civ. Code § 1946.2(e), § 1947.12(d)) — for covered properties, a specific statutory notice must be provided. For exempt properties (most single-family homes and condos not corporately owned), the lease must contain a properly-formatted exemption notice or the property will be treated as covered.
Flood notice (AB 1659, effective 2018) — required if the property is in a special flood-hazard area (FEMA Zone A or V) and the landlord has actual knowledge.
Smoking policy — Cal. Civ. Code § 1947.5 requires the lease to state the smoking policy for the unit and common areas. A no-smoking policy must be stated in writing; otherwise it is unenforceable.
Pesticide application notice — Cal. Civ. Code § 1940.8 requires landlords to provide tenants with the pamphlet on integrated pest management when applicable.

Security deposit rules

California security deposit law was substantially revised by AB 12, effective July 1, 2024, and codified at Cal. Civ. Code § 1950.5.

General cap: one month of rent for most landlords, regardless of whether the unit is furnished or unfurnished.
Small-landlord exception: up to two months of rent if the landlord owns no more than two residential properties totaling no more than four rental units, and the tenant is not an active-duty service member protected under federal SCRA.
Itemized return: within 21 calendar days of move-out, landlord must return the deposit with an itemized statement of any deductions (cleaning beyond ordinary wear, unpaid rent, damage). Receipts required for deductions over $125.
Pre-move-out inspection: the landlord must offer a pre-move-out inspection roughly 2 weeks before tenancy ends, on the tenant's request, giving the tenant an opportunity to remedy issues.
Wrongful retention penalties: bad-faith withholding of deposit funds exposes the landlord to up to twice the wrongfully-withheld amount as statutory damages, plus the actual amount.

AB 1482 rent cap and just-cause eviction

Two of the most consequential provisions for California landlords sit under the same act — AB 1482, the Tenant Protection Act of 2019.

Rent cap (Cal. Civ. Code § 1947.12)

For covered properties, annual rent increases are capped at the lower of 5% plus regional CPI, or 10%. The cap applies to cumulative increases in any 12-month period, and rent can only be increased twice in any 12-month window. Local rent-control ordinances in cities like Los Angeles, San Francisco, Berkeley, Oakland, Santa Monica, and San Jose are generally stricter than AB 1482 and supersede it where they apply.

Just-cause eviction (Cal. Civ. Code § 1946.2)

For tenants who have continuously occupied a covered unit for at least 12 months, the landlord must have stated just cause to terminate the tenancy. Just causes are categorized as:

At-fault: non-payment of rent (after 3-day notice to pay or quit), material lease violation (after 3-day notice to cure or quit), nuisance or substantial damage, criminal activity, refusal to allow lawful entry, refusal to execute a lease extension with substantially similar terms.
No-fault: owner or close-family-member intent to occupy as primary residence, withdrawal of the unit from the rental market (Ellis Act in many jurisdictions), government order or substantial remodel that cannot be completed with tenant in occupancy, intent to demolish.

No-fault terminations require the landlord to either provide direct relocation assistance equal to one month of rent or waive the final month of rent. Notice periods are 60 days for tenancies of one year or more (and 30 days for shorter).

Exemptions

AB 1482 exempts several categories, with the most common being:

Single-family homes and condos not owned by a corporation, REIT, or LLC with a corporate member — but only if the landlord provides a properly-formatted exemption notice in the lease (Cal. Civ. Code § 1947.12(d)(5)). Without the notice, even otherwise-exempt properties are treated as covered.
Units issued a certificate of occupancy within the past 15 years (rolling).
Affordable housing units under deed restriction.
Owner-occupied duplexes where the owner has continuously occupied since the start of the tenancy.
Dormitories, hotels, and certain transient occupancies.

Eviction (unlawful detainer) process

California eviction follows a specific statutory sequence under the Code of Civil Procedure §§ 1161–1179. The landlord cannot self-help — no lock-outs, no utility shut-offs, no removal of belongings without a court-issued writ of possession.

Pre-eviction notice — 3-day notice to pay or quit (non-payment), 3-day notice to cure or quit (curable lease violation), 3-day notice to quit (incurable violation or no-fault), or longer notice as required for just-cause no-fault terminations.
Unlawful detainer complaint — filed in superior court after notice expires.
Summons and response — tenant has 10 days to respond after service.
Trial — California unlawful detainers move quickly; trial typically within 20 days of the answer.
Writ of possession — if landlord prevails, the sheriff executes the writ. Self-help eviction is illegal and exposes the landlord to substantial damages.

What every California lease should include

Beyond satisfying state and local statutory requirements, a complete California residential lease covers:

Parties (landlord legal name, tenant legal name(s)) and property address
Lease term (start date, end date or month-to-month designation)
Rent amount, due date, accepted payment methods, late fee policy
Security deposit amount and terms per § 1950.5
All required disclosures listed above
Use restrictions (residential use, no commercial use, no subletting without written consent)
Occupant list and guest policy
Maintenance responsibilities and repair-request process
Entry-notice procedures per Cal. Civ. Code § 1954 (24 hours' written notice for non-emergency entry)
Pet policy, smoking policy, and any other specific use rules
Default and termination provisions
Mandatory disclosures and signatures of all adult tenants

The paperwork pack that pairs with this guide

Editable lease + landlord paperwork

Residential Lease Agreement Pack

Professional lease agreement with summary page, security deposit receipt, move-in checklist, and house rules

$14.99View Lease Pack →

For the full landlord toolkit — lease, rental application, move-in / move-out inspection, late rent notice, rent receipt, and lease renewal — the Complete Property Management Bundle ($49.99) packages everything together.

The lease templates in our packs use standard US residential terms. California-specific disclosures need to be added or adapted by the landlord; this guide's checklist of required disclosures is a useful pairing.

Related resources

California lease FAQs

What disclosures does a California lease have to include?

Common required disclosures include the federal lead-based paint disclosure for properties built before 1978; California-specific disclosures for the Megan's Law database, mold (where the landlord knows of mold above health-threshold levels per Cal. Health & Safety Code § 26147), bedbug history (Cal. Civ. Code § 1954.603), demolition notice if applicable, asbestos disclosure for buildings constructed before 1981 (Cal. Health & Safety Code § 25915 et seq.), and the rent-cap / just-cause notice for covered properties under Cal. Civ. Code § 1947.12 and § 1946.2. Local jurisdictions may require additional disclosures.

What is the security deposit limit in California?

As of July 1, 2024, AB 12 (Cal. Civ. Code § 1950.5) generally limits residential security deposits to one month of rent for most landlords. A small-landlord exception allows up to two months of rent if the landlord owns no more than two residential properties totaling no more than four rental units, and the deposit is collected from a tenant who is not a service member. The deposit must be returned (with itemized deductions if any) within 21 days of move-out.

Does AB 1482 apply to my rental?

AB 1482 (Cal. Civ. Code § 1947.12 for rent cap; § 1946.2 for just-cause) applies broadly to residential properties, with significant exemptions. The most common exemptions: single-family homes and condos not owned by a corporation or REIT (with a separately-noticed exemption clause), units issued a certificate of occupancy within the past 15 years, deed-restricted affordable housing, and certain duplexes where the owner occupies one unit. Coverage and the specific exemption language change over time — confirm the current statutory text and consult an attorney for borderline cases.

What is just-cause eviction in California?

For properties covered by AB 1482, landlords must have a stated "just cause" to terminate a tenancy after the tenant has continuously occupied the unit for 12 months. Just causes are split into "at-fault" (non-payment, lease violations, criminal activity, refusal to allow lawful entry) and "no-fault" (intent to occupy, withdrawal from the rental market, government order, intent to demolish/substantially remodel). No-fault terminations require relocation assistance equal to one month's rent (Cal. Civ. Code § 1946.2(d)).

Can a California lease include a late fee?

Yes, but the fee must be a reasonable estimate of the landlord's actual cost of handling the late payment — California courts treat late fees as liquidated damages, which must be reasonably proportional to actual harm. There is no statewide percentage cap, but fees commonly exceeding 5–10% of monthly rent are scrutinized and frequently struck down. The fee must be stated in the signed lease to be enforceable.

How much notice is required to raise rent in California?

For non-AB-1482 properties, Cal. Civ. Code § 827(b) generally requires 30 days' written notice for rent increases of 10% or less, and 90 days' notice for increases over 10% (counted cumulatively over 12 months). For AB 1482-covered properties, the annual increase is capped at the lower of 5% plus regional CPI, or 10% — and rent can only be increased twice in any 12-month period. Local rent-control ordinances (LA, SF, Berkeley, Oakland, San Jose, Santa Monica, and many others) impose stricter limits.

Are oral leases enforceable in California?

Under Cal. Civ. Code § 1624(a)(3), a lease longer than one year must be in writing to be enforceable. Month-to-month and shorter fixed-term tenancies can technically be oral, but documenting the agreement in writing is heavily preferred for both parties — without writing, every disputed term becomes a he-said-she-said. The California Association of Realtors residential lease form and similar standard forms are widely used; many local landlord associations publish region-specific versions.