Templates Real Estate California Residential Lease Agreement

California Residential Lease Agreement

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JURISDICTION: California (State-Specific)
LAST UPDATED: 2026-02-16
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CALIFORNIA RESIDENTIAL LEASE AGREEMENT


TABLE OF CONTENTS

  1. Parties and Premises
  2. Definitions
  3. Lease Term
  4. Rent and Payment Terms
  5. AB 1482 Tenant Protection Act Compliance
  6. Security Deposit
  7. Utilities and Services
  8. Maintenance, Repairs, and Habitability
  9. Landlord Right of Entry
  10. Required Disclosures
  11. Just Cause Eviction Provisions
  12. Termination and Notice Requirements
  13. Subletting and Assignment
  14. Pet Policy and Assistance Animals
  15. Parking and Storage
  16. Insurance Requirements
  17. Tenant Covenants and Prohibited Conduct
  18. Default and Remedies
  19. Dispute Resolution
  20. Local Rent Control Advisory
  21. Move-In / Move-Out Inspection Provisions
  22. General Provisions
  23. Execution Block
  24. Sources and References

1. PARTIES AND PREMISES

CALIFORNIA RESIDENTIAL LEASE AGREEMENT (this "Agreement")

This Agreement is entered into as of [__/__/____] (the "Effective Date") by and between:

LANDLORD:
Name: [________________________________]
Legal Form: ☐ Individual ☐ Married Couple ☐ Trust ☐ Corporation ☐ LLC ☐ Partnership ☐ Other: [________________________________]
Notice Address: [________________________________]
City: [________________________________] State: CA ZIP: [____]
Telephone: [________________________________]
Email: [________________________________]

TENANT(S):
Name(s): [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Current Address (if different from Premises): [________________________________]

Additional Tenant(s):
Name: [________________________________]
Name: [________________________________]
Name: [________________________________]

(Landlord and Tenant(s) are collectively referred to as the "Parties" and each individually as a "Party.")

PREMISES:
Street Address: [________________________________]
Unit/Apt. No.: [____]
City: [________________________________] County: [________________________________] State: California ZIP: [____]

Property Type:
☐ Single-Family Home
☐ Condominium / Townhouse
☐ Apartment (Multi-Unit Building)
☐ Duplex / Triplex / Fourplex
☐ Accessory Dwelling Unit (ADU)
☐ Other: [________________________________]

Year Built: [____]
Number of Bedrooms: [____] Bathrooms: [____]
Approximate Square Footage: [________________________________]
Furnished: ☐ Yes ☐ No ☐ Partially

Recitals

A. Landlord is the owner of the residential real property described above as the Premises.
B. Tenant desires to lease, and Landlord desires to let, the Premises on the terms and conditions set forth herein.
C. The Parties intend this Agreement to comply with all applicable provisions of California law, including the California Tenant Protection Act of 2019 (AB 1482), as amended.
D. In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.


2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below:

"AB 1482" — The California Tenant Protection Act of 2019 (Cal. Civ. Code §§ 1946.2, 1947.12), as amended by SB 567 and subsequent legislation.

"Additional Rent" — Any monetary obligation of Tenant other than Base Rent, including late fees, utility charges, parking fees, or costs recoverable by Landlord hereunder.

"Base Rent" — The monthly rental amount stated in Section 4(a).

"Business Day" — Any day other than a Saturday, Sunday, or legal holiday in the State of California.

"CPI" — The Consumer Price Index for All Urban Consumers (CPI-U) for the metropolitan area in which the Premises are located, as published by the United States Bureau of Labor Statistics.

"Habitability Standards" — The statutory requirements of Cal. Civ. Code §§ 1941-1941.4, Cal. Health & Safety Code § 17920.3, and any local health, housing, or building codes applicable to the Premises.

"Just Cause" — A reason for termination of tenancy that qualifies as either an "at-fault just cause" or a "no-fault just cause" under Cal. Civ. Code § 1946.2(b), as amended by SB 567.

"Lease Term" — The period commencing on the Commencement Date and expiring on the Expiration Date, as defined in Section 3.

"Rent Cap" — The maximum permissible annual rent increase under Cal. Civ. Code § 1947.12, calculated as the lesser of (i) 5% plus the applicable percentage change in CPI, or (ii) 10%.

"Security Deposit" — The amount described in Section 6.

"Unlawful Detainer Action" — An eviction proceeding under Cal. Code Civ. Proc. §§ 1161-1179a.


3. LEASE TERM

3.1 Type of Tenancy

Fixed-Term Lease
Commencement Date: [__/__/____]
Expiration Date: [__/__/____]

Month-to-Month Tenancy
Commencement Date: [__/__/____]

3.2 Renewal and Conversion

(a) Fixed-Term Renewal. Upon expiration of the initial fixed term, this Agreement shall:
☐ Automatically convert to a month-to-month tenancy on the same terms and conditions
☐ Automatically renew for an additional term of [____] months on the same terms and conditions
☐ Terminate, with Tenant required to vacate unless the Parties execute a renewal agreement

(b) Holdover. Any possession by Tenant after the Expiration Date (or after proper termination of a month-to-month tenancy) without Landlord's prior written consent shall constitute a tenancy at sufferance. During any holdover period, the monthly rent shall be 150% of the then-current Base Rent, prorated daily, and all other terms of this Agreement shall remain in effect. Acceptance of holdover rent by Landlord shall not constitute a waiver of Landlord's right to terminate the holdover tenancy.


4. RENT AND PAYMENT TERMS

4.1 Base Rent

Tenant shall pay to Landlord monthly Base Rent of $[________________________________] per month.

4.2 Payment Due Date

Rent is due in advance on or before the first (1st) calendar day of each month. The first month's rent (or prorated portion thereof) of $[________________________________] is due upon execution of this Agreement.

4.3 Prorated Rent

If the Commencement Date falls on a date other than the first day of the month, rent for the partial month shall be prorated at a daily rate of $[________________________________] (Base Rent divided by the number of days in the month). Prorated rent for the first partial month of $[________________________________] is due upon execution.

4.4 Payment Method

Rent shall be paid by the following method(s):
☐ Personal Check
☐ Cashier's Check / Money Order
☐ Electronic Funds Transfer (ACH/Direct Deposit)
☐ Online Payment Portal: [________________________________]
☐ Other: [________________________________]

Rent shall be made payable to: [________________________________]
Rent shall be delivered or sent to: [________________________________]

4.5 Late Charges

If any installment of Rent remains unpaid after the [____] calendar day following the due date, Tenant shall pay a late charge of $[________________________________] as Additional Rent.

4.6 Returned Payment Fee

Any payment returned for insufficient funds or stopped payment shall incur a fee of $[________________________________] (not to exceed $25 for the first instance and $35 for subsequent instances in any twelve-month period, per Cal. Civ. Code § 1719), plus any bank charges actually incurred by Landlord.

4.7 Rent Increases

Landlord shall provide Tenant with not less than thirty (30) days' written notice of any rent increase of 10% or less of the current rent, or ninety (90) days' written notice of any rent increase greater than 10% of the current rent, in accordance with Cal. Civ. Code § 827. Any rent increase is further subject to the limitations set forth in Section 5 (AB 1482 Compliance) and any applicable local rent stabilization ordinance.


5. AB 1482 TENANT PROTECTION ACT COMPLIANCE

5.1 Applicability Determination

This property IS subject to AB 1482 (Tenant Protection Act — rent cap and just cause eviction)
This property is EXEMPT from AB 1482 — Basis for exemption: [________________________________]

If exempt, Landlord has provided the following required notice of exemption in compliance with Cal. Civ. Code § 1947.12(d)(5):
☐ Written notice of AB 1482 exemption delivered to Tenant on or before: [__/__/____]

5.2 Rent Cap Disclosure

If this property is subject to AB 1482, Landlord acknowledges and agrees that:

(a) Maximum Annual Rent Increase. Rent may not be increased by more than the lesser of: (i) 5% plus the percentage change in CPI for the metropolitan area in which the Premises are located, or (ii) 10%, calculated from the lowest rent charged at any point during the twelve (12) months prior to the effective date of the increase (Cal. Civ. Code § 1947.12(a)).

(b) Frequency of Increases. Rent may not be increased more than two (2) times within any twelve (12) month period, and the total combined increase shall not exceed the maximum annual increase permitted above (Cal. Civ. Code § 1947.12(a)(2)).

(c) Current Rent Cap Rate. As of the Effective Date of this Agreement, the applicable maximum annual rent increase percentage is approximately [____]% (5% + [____]% CPI = [____]%, subject to the 10% cap).

(d) Anti-Circumvention. Landlord shall not charge fees, change terms, or reduce services in a manner that effectively circumvents the rent cap provisions of AB 1482.


6. SECURITY DEPOSIT

6.1 Amount and Statutory Cap (AB 12 — Effective July 1, 2024)

Upon execution of this Agreement, Tenant shall deposit the sum of $[________________________________] with Landlord as a security deposit (the "Security Deposit").

Statutory Maximum (Cal. Civ. Code § 1950.5, as amended by AB 12):
Effective July 1, 2024, the security deposit shall not exceed one (1) month's rent, regardless of whether the unit is furnished or unfurnished.

Small Landlord Exception: If Landlord is a natural person (or an LLC in which all members are natural persons) who owns no more than two (2) residential rental properties collectively comprising no more than four (4) dwelling units offered for rent, the security deposit may not exceed two (2) months' rent — unless the Tenant is a service member, in which case the cap remains one (1) month's rent.

Landlord Certification:
☐ Landlord qualifies for the small landlord exception and the security deposit does not exceed two (2) months' rent
☐ Landlord does NOT qualify for the small landlord exception and the security deposit does not exceed one (1) month's rent

6.2 Permitted Deductions

Landlord may deduct from the Security Deposit only for the following purposes, as authorized by Cal. Civ. Code § 1950.5(b):

(a) Unpaid rent or other charges owed under this Agreement;
(b) Repair of damages to the Premises caused by Tenant, Tenant's guests, or licensees, beyond ordinary wear and tear;
(c) Cleaning the Premises upon vacating to return the unit to the same level of cleanliness as at the commencement of tenancy; and
(d) Restoration or replacement of personal property, including keys, furniture, and fixtures, if authorized by the lease.

6.3 Itemized Statement and Return

Within twenty-one (21) calendar days after Tenant vacates the Premises, Landlord shall:

(a) Furnish Tenant with an itemized statement in writing, specifying each deduction from the Security Deposit, together with copies of documents showing charges incurred and receipts for completed work (Cal. Civ. Code § 1950.5(g));
(b) Return any remaining balance of the Security Deposit to Tenant at the forwarding address provided by Tenant, or if no forwarding address is provided, to the Premises;
(c) If repairs cannot be completed within the 21-day period, Landlord shall provide a good-faith estimate of the charges, with the final accounting and any additional refund due within 14 calendar days after completion of the repairs.

6.4 Interest on Security Deposit

Applicable — The Premises are located in a municipality that requires interest to be paid on security deposits. Local ordinance: [________________________________]. Interest shall be paid at the rate of [____]% per annum, or as otherwise required by local law.
Not Applicable — No local ordinance requires interest on security deposits.

6.5 Prohibition on Non-Refundable Deposits

No portion of the Security Deposit shall be characterized as "non-refundable." Any provision purporting to make any portion of the Security Deposit non-refundable is void under Cal. Civ. Code § 1950.5(m).


7. UTILITIES AND SERVICES

7.1 Landlord-Provided Utilities

Landlord shall be responsible for providing and paying for the following utilities and services:
☐ Water ☐ Sewer ☐ Trash Collection ☐ Gas ☐ Electricity
☐ Internet ☐ Cable/Satellite TV ☐ Landscaping/Gardening
☐ Other: [________________________________]
☐ None

7.2 Tenant-Provided Utilities

Tenant shall be responsible for establishing accounts in Tenant's name and paying for the following utilities and services:
☐ Water ☐ Sewer ☐ Trash Collection ☐ Gas ☐ Electricity
☐ Internet ☐ Cable/Satellite TV ☐ Telephone
☐ Other: [________________________________]
☐ None

7.3 Utility Billing Disclosure

If any utilities serving the Premises are not separately metered, Landlord shall disclose the method by which utility charges will be allocated among tenants, in compliance with Cal. Civ. Code § 1940.9. The allocation method is:
[________________________________]

7.4 Appliances Provided

Landlord shall provide and maintain the following appliances in good working order:
☐ Refrigerator ☐ Stove/Oven ☐ Dishwasher ☐ Microwave
☐ Washer ☐ Dryer ☐ Garbage Disposal ☐ Air Conditioning Unit
☐ Other: [________________________________]


8. MAINTENANCE, REPAIRS, AND HABITABILITY

8.1 Implied Warranty of Habitability

Landlord acknowledges the statutory obligation under Cal. Civ. Code §§ 1941-1942.5 to maintain the Premises in a condition fit for human occupancy. This obligation cannot be waived by any provision of this Agreement. The Premises shall, at a minimum, meet the following Habitability Standards (Cal. Civ. Code § 1941.1):

(a) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors;
(b) Plumbing and gas facilities in good working order;
(c) Hot and cold running water supply connected to a sewage disposal system;
(d) Heating facilities in good working order;
(e) Electrical lighting with wiring and electrical equipment in good working order;
(f) Building, grounds, and appurtenances kept in a clean, sanitary condition and free from debris, filth, rubbish, garbage, rodents, and vermin;
(g) Adequate receptacles for garbage and rubbish in clean condition;
(h) Floors, stairways, and railings maintained in good repair;
(i) Locks and security devices on all exterior doors and windows as required by Cal. Civ. Code § 1941.3;
(j) Working carbon monoxide and smoke detector devices as required by Cal. Health & Safety Code §§ 13113.7, 17926;
(k) A working toilet, wash basin, and bathtub or shower in good condition;
(l) Premises free from mold, lead hazards, and other environmental conditions that endanger health; and
(m) A refrigerator and stove in good working order (effective January 1, 2026).

8.2 Landlord Repair Obligations

Landlord shall:
(a) Maintain all structural components, roofing, plumbing, heating, electrical, and mechanical systems in good working order;
(b) Make necessary repairs within a reasonable time after receiving written notice from Tenant (generally not exceeding 30 days for non-emergency repairs);
(c) Respond to emergency repair requests (e.g., gas leaks, flooding, broken heating in cold weather, sewage backup) immediately or as soon as practicable; and
(d) Comply with all applicable building, housing, health, and safety codes.

8.3 Tenant Maintenance Obligations

Tenant shall:
(a) Keep the Premises in a clean, sanitary, and safe condition;
(b) Properly use and operate all electrical, gas, plumbing, and heating fixtures and appliances;
(c) Dispose of garbage and waste in a clean and sanitary manner;
(d) Not willfully or negligently destroy, deface, damage, or remove any part of the Premises;
(e) Promptly notify Landlord in writing of any condition requiring repair, including mold, water intrusion, pest infestations, or broken locks or security devices; and
(f) Allow Landlord reasonable access for repairs in accordance with Section 9.

8.4 Tenant Remedies for Habitability Violations

If Landlord fails to maintain Habitability Standards after reasonable written notice and a reasonable opportunity to cure, Tenant may exercise the following remedies as provided by law:

(a) Repair and Deduct (Cal. Civ. Code § 1942): Tenant may cause the repair to be made and deduct the cost from rent, provided the cost does not exceed one month's rent and the remedy is not used more than twice in any twelve-month period;
(b) Rent Withholding: Tenant may withhold rent proportionate to the diminished habitability, subject to applicable legal requirements;
(c) Abandonment (Cal. Civ. Code § 1942(a)): Tenant may vacate the Premises if the conditions render it substantially unfit for occupancy; or
(d) Civil Action: Tenant may bring a civil action for damages, including reduction in rental value.

8.5 Anti-Retaliation Protections

Landlord shall not retaliate against Tenant for exercising any rights under this Agreement or under applicable law, including reporting habitability violations to governmental authorities, exercising repair-and-deduct rights, or organizing or participating in a tenants' association. Any adverse action (rent increase, service reduction, eviction notice) taken within 180 days of Tenant's exercise of protected rights is presumed retaliatory under Cal. Civ. Code § 1942.5.


9. LANDLORD RIGHT OF ENTRY

9.1 General Right of Entry (Cal. Civ. Code § 1954)

Landlord may enter the Premises only for the following purposes:

(a) In case of emergency;
(b) To make necessary or agreed-upon repairs, decorations, alterations, or improvements;
(c) To supply necessary or agreed-upon services;
(d) To exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors;
(e) When the Tenant has abandoned or surrendered the Premises;
(f) Pursuant to a court order; or
(g) To verify the number of occupants residing in the unit, subject to applicable notice requirements.

9.2 Notice Requirements

(a) Written Notice. Except in cases of emergency, Landlord shall provide Tenant with reasonable written notice of intent to enter, which shall include the date, approximate time, and purpose of the entry. Twenty-four (24) hours is presumed to be reasonable notice in the absence of evidence to the contrary.

(b) Time of Entry. Entry shall occur only during normal business hours (generally 8:00 a.m. to 5:00 p.m. on weekdays) unless Tenant consents at the time of entry to entry during other hours.

(c) Mailed Notice. If notice is mailed, it must be mailed at least six (6) days prior to the intended entry date to be presumed reasonable.

(d) Showings Exception. If the purpose of entry is to exhibit the unit to prospective or actual purchasers, the landlord may provide oral notice in person or by telephone, provided the landlord has notified the tenant in writing within the prior 120 days that the property is for sale. Twenty-four hours' oral notice is presumed reasonable.

(e) Agreed Repairs. The tenant and landlord may agree orally to an entry to make agreed-upon repairs or supply agreed-upon services within one week of the agreement, without the requirement of written notice.

9.3 Prohibition on Abuse

Landlord shall not abuse the right of access or use it to harass Tenant. Repeated unreasonable entries or entries without proper notice may constitute a violation of Tenant's right to quiet enjoyment and may subject Landlord to liability under Cal. Civ. Code § 1954(c).


10. REQUIRED DISCLOSURES

10.1 Mandatory Disclosure Checklist

Landlord certifies that the following required disclosures have been or will be provided to Tenant prior to or concurrent with the execution of this Agreement. Landlord shall initial each disclosure provided:

Federal Disclosures:
Lead-Based Paint Disclosure (42 U.S.C. § 4852d) — Required for all housing built before 1978. Landlord has disclosed known information concerning lead-based paint and/or lead-based paint hazards and has provided the EPA pamphlet "Protect Your Family From Lead in Your Home."
Year built: [____] ☐ Pre-1978 (disclosure required) ☐ 1978 or later (not required)

State Disclosures:
Megan's Law Disclosure (Cal. Civ. Code § 2079.10a) — The following notice is hereby given: "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."

Bed Bug Disclosure (Cal. Civ. Code § 1954.603) — Landlord has provided Tenant with written information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of promptly reporting suspected infestations in a written notice to the landlord.

Pesticide Application Disclosure (Cal. Civ. Code § 1940.8.5) — If Landlord or Landlord's agent applies any pesticide to the dwelling unit without a licensed pest control operator, Landlord has provided Tenant with written notice containing the pest(s) to be controlled, the name and brand of the pesticide product to be used, and the approximate date, time, and frequency of application, at least 24 hours prior to application.

Mold Disclosure (Cal. Health & Safety Code § 26147) — Landlord has provided Tenant with the consumer handbook on mold published by the California Department of Public Health (formerly Department of Health Services), or a copy of the booklet "Residential Environmental Hazards: A Guide for Homeowners, Homebuyers, Landlords, and Tenants."
Known mold conditions: ☐ None known ☐ Disclosed: [________________________________]

Asbestos Disclosure — Landlord has disclosed any known asbestos-containing materials in the Premises.
Known asbestos conditions: ☐ None known ☐ Disclosed: [________________________________]

Flooding/Inundation Disclosure (Cal. Civ. Code § 1940.6) — Required for leases entered into on or after July 1, 2018. Landlord has actual knowledge that the Premises are:
☐ NOT located in a special flood hazard area or area of potential flooding
☐ Located in a special flood hazard area as designated by FEMA
☐ Located in an area of potential flooding as shown on a dam failure inundation map

Military Ordnance Disclosure (Cal. Civ. Code § 1940.7) — Landlord has disclosed whether the Premises are located within one mile of a former federal or state military ordnance location, if known.
☐ Not applicable ☐ Disclosure provided: [________________________________]

Demolition Intent Disclosure (Cal. Civ. Code § 1940.6(a)) — If Landlord has obtained permits to demolish the Premises, Landlord has provided written notice of intent to demolish.
☐ Not applicable ☐ Disclosure provided

Pest Control Disclosure (Cal. Bus. & Prof. Code § 8538; Cal. Civ. Code § 1940.8.5) — If the Premises have been treated for pests, Landlord has provided a copy of the pest control company's notice, or, if an ongoing pest control contract exists, a copy of the contract.
☐ Not applicable ☐ Disclosure provided

Utility Billing Disclosure (Cal. Civ. Code § 1940.9) — If any utilities serving the Premises are not separately metered, the allocation method has been disclosed.
☐ Not applicable ☐ Disclosure provided in Section 7.3

Notice of Right to Sixty-Day Notice (Cal. Civ. Code § 1946.1) — For tenancies of one year or more, Landlord must provide 60 days' written notice to terminate.

AB 1482 Applicability Notice — Landlord has disclosed whether the Premises are subject to or exempt from the Tenant Protection Act.
☐ Provided in Section 5

Intention to Sell (Cal. Civ. Code § 1946.2(c)) — If applicable, Landlord has disclosed any intent to sell the Premises.
☐ Not applicable ☐ Disclosure provided

Smoking Policy Disclosure (Cal. Civ. Code § 1947.5) — Landlord has disclosed the smoking policy for the Premises and common areas.
Smoking is: ☐ Prohibited in all areas ☐ Permitted in designated areas only: [________________________________]

10.2 Acknowledgment of Receipt

Tenant acknowledges receipt of all disclosures checked above by initialing below:

Tenant Initials: ________ Date: [__/__/____]
Tenant Initials: ________ Date: [__/__/____]


11. JUST CAUSE EVICTION PROVISIONS

11.1 Applicability

If this property is subject to AB 1482, Landlord may not terminate a tenancy or refuse to renew a lease except for "just cause" after Tenant has occupied the Premises for twelve (12) months or more (or for all occupants collectively after any occupant has occupied for twelve months, whichever is earlier).

11.2 At-Fault Just Cause (Cal. Civ. Code § 1946.2(b)(1))

Landlord may terminate the tenancy for the following at-fault reasons:

(a) Default in the payment of rent, subject to applicable notice and cure periods;
(b) Material breach of a material term of this Agreement, after notice and a reasonable opportunity to cure (except for violations involving health, safety, or illegal activity, which may be deemed incurable);
(c) Maintaining, committing, or permitting a nuisance as defined under Cal. Civ. Code § 3479;
(d) Committing waste;
(e) Tenant's refusal, after written request, to execute a renewal lease with substantially the same terms;
(f) Criminal activity on the Premises or criminal activity directed at the owner or property manager;
(g) Assigning or subletting in violation of this Agreement;
(h) Tenant's refusal to allow Landlord entry as required by Cal. Civ. Code § 1954; or
(i) Tenant's use of the Premises for an unlawful purpose.

11.3 No-Fault Just Cause (Cal. Civ. Code § 1946.2(b)(2), as amended by SB 567)

Landlord may terminate the tenancy for the following no-fault reasons, subject to the enhanced requirements of SB 567:

(a) Owner or Family Move-In. The owner or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents intend to occupy the Premises as their primary residence for a minimum of twelve (12) continuous months (SB 567 requirement);
(b) Withdrawal from Rental Market. The owner intends to permanently remove the Premises from the rental market pursuant to the Ellis Act (Cal. Gov. Code §§ 7060-7060.7);
(c) Compliance with Government or Court Order. The owner is required to vacate the Premises due to a government order, court order, or local ordinance;
(d) Substantial Renovation. The owner intends to substantially renovate the Premises in a manner that requires the Premises to be vacant, provided the renovation is not cosmetic and requires permits (SB 567 strengthened this provision to require actual permit approval before issuing a notice to vacate); or
(e) Sale of the Property. If applicable under local law, sale of the property to a buyer who intends to occupy as a primary residence (the unit must be taken off the rental market for at least ten (10) years under SB 567 if this basis is used for eviction in certain circumstances).

11.4 Relocation Assistance

For any no-fault just cause termination, Landlord shall, at Landlord's option, either:

(a) Provide a direct payment of relocation assistance equal to one (1) month of the Tenant's current rent, payable within fifteen (15) calendar days of service of the notice; OR
(b) Waive the final month's rent immediately preceding the date the Tenant vacates.

11.5 Enforcement and Penalties (SB 567)

Effective April 1, 2024, under SB 567:
(a) A tenant or local government may enforce AB 1482 protections as soon as the landlord violates the law, without waiting for an actual eviction;
(b) A prevailing tenant is entitled to actual damages of not less than three (3) times actual damages, plus reasonable attorney fees and costs; and
(c) Fraudulent or bad-faith use of no-fault just cause (e.g., claiming owner move-in but re-renting the unit) may expose the landlord to substantial civil liability.


12. TERMINATION AND NOTICE REQUIREMENTS

12.1 Termination by Tenant

(a) Fixed-Term Lease. This Agreement terminates automatically on the Expiration Date. No notice is required to terminate at the end of the fixed term, unless otherwise required by this Agreement.
(b) Month-to-Month Tenancy. Tenant may terminate by providing at least thirty (30) days' written notice prior to the intended date of termination (Cal. Civ. Code § 1946).

12.2 Termination by Landlord

(a) Tenancy of Less Than One Year. Landlord shall provide at least thirty (30) days' written notice (Cal. Civ. Code § 1946.1(b)).
(b) Tenancy of One Year or More. Landlord shall provide at least sixty (60) days' written notice (Cal. Civ. Code § 1946.1(c)).
(c) Just Cause Required. If the property is subject to AB 1482, Landlord must also comply with the just cause eviction requirements of Section 11 above for any tenancy of twelve (12) months or more.
(d) Local Requirements. Properties subject to local rent control ordinances may require additional or longer notice periods. See Section 20 (Local Rent Control Advisory).

12.3 Service of Notices

All notices required under this section shall be given in the manner prescribed by Cal. Code Civ. Proc. § 1162:
(a) Personal delivery;
(b) Substituted service (leaving with a person of suitable age and discretion at the Premises or the tenant's place of business, followed by mailing); or
(c) Posting and mailing (affixing to a conspicuous place on the property if personal service and substituted service cannot be accomplished, followed by mailing).

Notices may also be sent by certified or registered mail, return receipt requested.

12.4 Abandonment

If Tenant abandons the Premises during the Lease Term, Landlord's rights and obligations shall be governed by Cal. Civ. Code §§ 1951-1951.4 (landlord remedies) and Cal. Civ. Code §§ 1983-1988 (personal property of tenant remaining on premises).


13. SUBLETTING AND ASSIGNMENT

13.1 Consent Required

Tenant shall not assign this Agreement or sublet any portion of the Premises without Landlord's prior written consent, which:
☐ Shall not be unreasonably withheld, delayed, or conditioned
☐ May be withheld in Landlord's sole and absolute discretion

13.2 Conditions of Subletting

If Landlord consents to a sublease:
(a) Tenant shall remain primarily liable under this Agreement for the duration of the Lease Term;
(b) Any subtenant must complete a rental application and be approved by Landlord;
(c) The sublease shall not extend beyond the Lease Term;
(d) The sublease rent shall not exceed the rent Tenant pays under this Agreement (to the extent required by local law or rent control); and
(e) A copy of the executed sublease shall be provided to Landlord within five (5) Business Days.

13.3 Unauthorized Transfer

Any assignment or sublease made without Landlord's written consent shall be voidable at Landlord's election and may constitute a material breach of this Agreement and grounds for eviction.


14. PET POLICY AND ASSISTANCE ANIMALS

14.1 Pet Policy

No Pets Allowed — No animals of any kind shall be kept on or about the Premises without Landlord's prior written consent.
Pets Allowed — Subject to the following conditions:

Type(s) of pet(s) permitted: [________________________________]
Maximum number: [____]
Maximum weight: [____] lbs.
Additional pet deposit: $[________________________________] (included within the Security Deposit cap under AB 12)
Monthly pet rent: $[________________________________]
Other conditions: [________________________________]

14.2 Service Animals and Emotional Support Animals

This pet policy does NOT apply to service animals or emotional support animals (ESAs). Under the federal Fair Housing Act (42 U.S.C. §§ 3601-3619) and the California Fair Employment and Housing Act (Cal. Gov. Code §§ 12900-12996):

(a) Landlord shall not deny housing, charge additional rent, pet deposits, or pet fees, or impose breed, weight, or species restrictions for verified service animals or ESAs;
(b) Landlord may request reliable documentation of a disability and disability-related need for an assistance animal from a licensed healthcare professional;
(c) Under AB 468 (Cal. Civ. Code § 55.3), the healthcare professional providing an ESA letter must have a pre-existing client relationship of at least 30 days and must include their license number, licensing jurisdiction, and type of professional license;
(d) Landlord may not inquire about the nature or severity of a disability, request medical records, or require special identification for the animal;
(e) Landlord may deny an assistance animal only if the specific animal poses a direct threat to the health or safety of others that cannot be mitigated, or would cause substantial physical damage to the property, based on objective evidence of the specific animal's conduct; and
(f) Tenant remains liable for any damage caused by the assistance animal, which may be deducted from the Security Deposit to the extent permitted by law.


15. PARKING AND STORAGE

15.1 Parking

Parking Included — Tenant is assigned the following parking space(s):
Space Number(s): [________________________________]
Location: [________________________________]
Type: ☐ Covered ☐ Uncovered ☐ Garage ☐ Carport ☐ Street

Parking Available at Additional Cost — Monthly fee: $[________________________________] per space
No Parking Provided — Tenant is responsible for finding off-site parking.

15.2 Storage

Storage Included — Tenant is assigned the following storage space:
Storage Unit/Area: [________________________________]
Location: [________________________________]

Storage Available at Additional Cost — Monthly fee: $[________________________________]
No Storage Provided

15.3 Conditions

Tenant shall not store hazardous materials, flammable substances, or any items that violate applicable fire, building, or health codes in any parking or storage area. Landlord shall not be liable for loss of or damage to items stored in any assigned storage space, except to the extent caused by Landlord's gross negligence or willful misconduct.


16. INSURANCE REQUIREMENTS

16.1 Renter's Insurance

Required — Tenant shall obtain and maintain throughout the Lease Term a renter's insurance (tenant's personal liability and property) policy with the following minimum coverage:
Personal Property Coverage: $[________________________________]
Liability Coverage: $[________________________________] per occurrence
Landlord named as: ☐ Additional Insured ☐ Interested Party

Tenant shall provide proof of insurance within [____] days of the Commencement Date and shall maintain continuous coverage for the duration of occupancy. Tenant shall notify Landlord within ten (10) days of any cancellation, lapse, or material change in coverage.

Recommended but Not Required — Landlord strongly recommends that Tenant obtain renter's insurance to protect against loss of personal property and personal liability.

16.2 Landlord's Insurance

Landlord shall maintain property insurance covering the structure and common areas. Landlord's insurance does not cover Tenant's personal property, and Landlord shall have no liability for loss of or damage to Tenant's belongings, except to the extent caused by Landlord's negligence or willful misconduct.


17. TENANT COVENANTS AND PROHIBITED CONDUCT

17.1 Tenant Covenants

Tenant shall:
(a) Pay Rent and perform all monetary obligations when due;
(b) Use the Premises exclusively as a private residence for no more than [____] persons (including Tenant);
(c) Comply with all applicable federal, state, and local laws, ordinances, regulations, and homeowners' association rules;
(d) Not make any alterations, improvements, or modifications to the Premises without Landlord's prior written consent;
(e) Not install satellite dishes, antennas, or similar devices except as permitted by FCC regulations (47 C.F.R. § 1.4000);
(f) Maintain appropriate levels of heating and ventilation to prevent mold growth and moisture damage;
(g) Not disturb the peace and quiet enjoyment of other tenants or neighbors;
(h) Not use the Premises for any commercial or business purpose, except for home-office use that does not generate foot traffic, noise, or signage; and
(i) Comply with all trash collection, recycling, and composting requirements of the jurisdiction.

17.2 Prohibited Conduct

Tenant shall not:
(a) Commit waste or nuisance on the Premises;
(b) Engage in or permit any illegal activity on the Premises;
(c) Possess or store firearms or weapons in violation of applicable law;
(d) Smoke (including e-cigarettes and vaping devices) inside the Premises or common areas, unless a designated smoking area has been identified in writing: ☐ Applicable — Designated area: [________________________________] ☐ Not applicable — Smoking prohibited in all areas;
(e) Keep any waterbed unless in compliance with Cal. Civ. Code § 1940.5 (minimum insurance and safety frame requirements);
(f) Exceed the maximum occupancy established herein without Landlord's prior written consent;
(g) Use the Premises as a short-term rental (e.g., Airbnb, VRBO) without Landlord's prior written consent; or
(h) Tamper with or disable smoke detectors, carbon monoxide detectors, or other safety devices.


18. DEFAULT AND REMEDIES

18.1 Events of Default by Tenant

The occurrence of any of the following constitutes a default by Tenant:
(a) Failure to pay Rent within three (3) days after delivery of a written Pay Rent or Quit notice per Cal. Code Civ. Proc. § 1161(2);
(b) Material breach of any covenant of this Agreement not cured within the applicable notice and cure period;
(c) Unauthorized subletting, assignment, or transfer of possession;
(d) Abandonment of the Premises during the Lease Term;
(e) Engaging in illegal activity on the Premises; or
(f) Making material misrepresentations in the rental application.

18.2 Landlord's Remedies

Upon default by Tenant, Landlord may, subject to all applicable provisions of California law (including just cause eviction requirements if applicable):

(a) Serve applicable statutory notices and initiate an Unlawful Detainer Action to recover possession;
(b) Recover unpaid Rent, Additional Rent, late charges, and all actual damages;
(c) Apply the Security Deposit toward unpaid amounts, subject to the accounting requirements of Section 6.3; and
(d) Seek injunctive or other equitable relief for ongoing violations (including waste or unauthorized occupancy).

18.3 Events of Default by Landlord

Landlord shall be in default if Landlord fails to perform any obligation under this Agreement within a reasonable time after receipt of written notice from Tenant specifying the nature of the failure. Nothing herein limits Tenant's statutory remedies under Cal. Civ. Code §§ 1941-1942.5 or any other applicable provision of law.

18.4 Landlord's Duty to Mitigate

If Tenant defaults and abandons the Premises, Landlord shall use reasonable efforts to mitigate damages by re-letting the Premises at a fair rental value, as required by Cal. Civ. Code § 1951.2.

18.5 Attorney Fees

In any action or proceeding arising out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney fees and costs from the non-prevailing Party.


19. DISPUTE RESOLUTION

19.1 Governing Law

This Agreement is governed by the laws of the State of California, including but not limited to the California Civil Code, the California Code of Civil Procedure, and applicable local ordinances, without regard to conflict of laws principles.

19.2 Mediation

Prior to initiating any legal action (other than an Unlawful Detainer Action, which may be filed without mediation), the Parties agree to submit the dispute to non-binding mediation conducted by a mutually agreed-upon mediator. The costs of mediation shall be shared equally. If the Parties cannot agree on a mediator, either Party may request that one be appointed by the local bar association or a mediation service such as [________________________________].

☐ The Parties agree to the mediation requirement above
☐ The Parties waive the mediation requirement

19.3 Forum Selection

Any lawsuit, Unlawful Detainer Action, or other proceeding arising under this Agreement shall be brought exclusively in the Superior Court of the State of California for the county in which the Premises are located.

19.4 Arbitration

No Arbitration. The Parties agree that no dispute under this Agreement shall be submitted to binding arbitration.
Binding Arbitration. The Parties agree that all disputes (except Unlawful Detainer Actions, provisional remedies, and claims within the jurisdiction of Small Claims Court) shall be submitted to binding arbitration in accordance with the rules of [________________________________].

19.5 Jury Trial

Nothing herein shall constitute a waiver of either Party's constitutional right to a jury trial.

19.6 Small Claims Court

Either Party may bring claims within the jurisdictional limits of the California Small Claims Court without regard to the mediation or arbitration provisions of this section.


20. LOCAL RENT CONTROL ADVISORY

IMPORTANT NOTICE: The Premises may be located in a jurisdiction with a local rent stabilization ordinance that provides additional tenant protections beyond those set forth in this Agreement and AB 1482. The following is a non-exhaustive list of California cities with local rent control ordinances:

City Ordinance General Coverage
San Francisco SF Rent Ordinance (SF Admin. Code Ch. 37) Most units built before June 13, 1979
Los Angeles Rent Stabilization Ordinance (LAMC § 151.00 et seq.) Most multi-unit properties built before October 1, 1978
Oakland Just Cause for Eviction Ordinance / Rent Adjustment Program (OMC 8.22) Most units built before January 1, 1983
Berkeley Rent Stabilization & Eviction for Good Cause Ordinance (BMC Ch. 13.76) Most units built before June 1980
West Hollywood Rent Stabilization Ordinance (WHMC Title 17) Most multi-unit buildings
Santa Monica Rent Control Charter Amendment (SMCC Art. XVIII) Most units built before April 10, 1979
San Jose Apartment Rent Ordinance (SJMC Title 17, Ch. 17.23) Most apartments with 3+ units built before September 7, 1979
Beverly Hills Rent Stabilization Ordinance (BHMC Title 4, Ch. 5 & 6) Most multi-unit buildings built before September 20, 1978
East Palo Alto Rent Stabilization Ordinance Most rental units
Mountain View Community Stabilization & Fair Rent Act (CSFRA) Most multi-family units built before February 1, 1995

☐ The Premises ARE subject to a local rent stabilization ordinance: [________________________________]
Registration number (if applicable): [________________________________]
Maximum allowable annual rent increase under local ordinance: [____]%

☐ The Premises are NOT subject to a local rent stabilization ordinance, to the best of Landlord's knowledge.


21. MOVE-IN / MOVE-OUT INSPECTION PROVISIONS

21.1 Move-In Inspection

(a) Prior to or at the time of Tenant's move-in, Landlord and Tenant shall conduct a joint walk-through inspection of the Premises and complete the attached Move-In / Move-Out Inspection Checklist (Exhibit A), documenting the condition of each room, fixture, appliance, and surface.

(b) Both Parties shall sign and retain a copy of the completed checklist.

(c) Photographic Documentation. For tenancies beginning on or after July 1, 2025, Landlord shall take photographs of the unit immediately before, or at the inception of, the tenancy, in compliance with AB 2801 (Cal. Civ. Code § 1950.5).

(d) Any pre-existing damage or deficiencies noted during the move-in inspection shall not be charged against Tenant's Security Deposit upon move-out.

21.2 Pre-Move-Out Inspection (Cal. Civ. Code § 1950.5(f))

(a) Landlord's Notice Obligation. Within a reasonable time after notification of either Party's intention to terminate the tenancy (or before the end of the lease term), Landlord shall notify Tenant in writing of:
(i) Tenant's right to request an initial inspection of the Premises; and
(ii) Tenant's right to be present at the inspection.

(b) Tenant's Request. If Tenant requests an initial inspection, Landlord shall schedule and conduct the inspection no earlier than two (2) weeks before the termination date or end of the lease term.

(c) Purpose of Inspection. The purpose of the initial inspection is to identify deficiencies that may result in deductions from the Security Deposit, thereby giving Tenant an opportunity to remedy those deficiencies before vacating.

(d) Itemized Statement. Based on the initial inspection, Landlord shall provide Tenant with an itemized statement specifying repairs or cleaning that Tenant may perform to avoid or reduce Security Deposit deductions.

(e) AB 2801 Enhanced Protections (effective April 1, 2025). For applicable tenancies, Landlord may not deduct from the Security Deposit for damage that was reasonably visible during the pre-move-out inspection but was not included on the itemized statement provided to Tenant following the initial inspection.

(f) Exception. The pre-move-out inspection requirements do not apply when the tenancy is terminated pursuant to Cal. Code Civ. Proc. § 1161 subdivisions (2), (3), or (4) (unlawful detainer for failure to pay rent, breach, or nuisance/illegal activity).

21.3 Move-Out Inspection

Upon vacating, Landlord shall conduct a final inspection and process the Security Deposit in accordance with Section 6.3 of this Agreement and Cal. Civ. Code § 1950.5(g).


22. GENERAL PROVISIONS

22.1 Entire Agreement

This Agreement, together with all exhibits, addenda, and disclosures incorporated herein by reference, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.

22.2 Amendments and Waivers

No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties. A waiver of any breach on one occasion shall not constitute a waiver of any subsequent breach.

22.3 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable, consistent with the intent of the Parties.

22.4 Joint and Several Liability

If there is more than one Tenant, all Tenants shall be jointly and severally liable for all obligations under this Agreement, including the payment of Rent and any damages or charges.

22.5 Successors and Assigns

Subject to the restrictions on assignment in Section 13, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.

22.6 Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given when:
(a) Delivered personally to the recipient;
(b) Sent by certified mail, return receipt requested, to the addresses set forth in Section 1 (deemed received three (3) Business Days after mailing); or
(c) Sent by nationally recognized overnight courier (deemed received one (1) Business Day after deposit).

Either Party may change its notice address by providing written notice to the other Party.

22.7 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic means (including DocuSign, Adobe Sign, or similar platforms) shall be valid and binding to the same extent as original signatures.

22.8 Time of the Essence

Time is of the essence with respect to all dates and deadlines set forth in this Agreement, except as otherwise provided by law.

22.9 Waiver of Jury Trial

Waiver. TO THE EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL IN ANY ACTION ARISING UNDER THIS AGREEMENT.
No Waiver. Nothing herein shall constitute a waiver of either Party's constitutional right to a jury trial.

22.10 Force Majeure

Neither Party shall be liable for failure to perform due to events beyond its reasonable control, including acts of God, fire, flood, earthquake, epidemic, pandemic, governmental actions, civil unrest, or natural disasters; provided, however, that this Section does not excuse Tenant's obligation to pay Rent except to the extent that specific emergency legislation or executive order provides otherwise.

22.11 Indemnification

Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any and all claims, damages, losses, or liabilities arising from: (a) Tenant's use or occupancy of the Premises; (b) any act or omission of Tenant, Tenant's invitees, or guests; and (c) breach of this Agreement — except to the extent caused by Landlord's gross negligence, willful misconduct, or violation of Habitability Standards.

22.12 Limitation of Liability

Except for (i) Landlord's fraud, willful misconduct, or violation of Habitability Standards; (ii) Landlord's obligations under Cal. Civ. Code § 1942.4; and (iii) claims for personal injury or property damage caused by Landlord's active negligence, Landlord's aggregate liability to Tenant for any loss or damage under this Agreement shall not exceed the amount of the Security Deposit. THE FOREGOING CAP SHALL NOT LIMIT CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY LANDLORD'S NEGLIGENCE OR INTENTIONAL ACTS TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

22.13 Abandoned Personal Property

If Tenant leaves personal property in the Premises after vacating, Landlord shall comply with the procedures set forth in Cal. Civ. Code §§ 1983-1988 for the disposition of a tenant's abandoned personal property, including providing written notice of the right to reclaim the property.

22.14 Condition of Premises

Tenant acknowledges that Tenant has inspected the Premises and accepts them in their present condition, subject to: (a) the Habitability Standards required by law; (b) any deficiencies noted in the Move-In Inspection Checklist (Exhibit A); and (c) Landlord's obligation to complete any agreed-upon repairs or improvements specified here: [________________________________]

22.15 Keys and Access Devices

Landlord shall provide Tenant with the following keys and access devices:
[____] house/apartment keys
[____] mailbox keys
[____] garage door opener(s) / remote(s)
[____] gate key(s) / access card(s) / fob(s)
[____] other: [________________________________]

All keys and access devices shall be returned to Landlord upon termination of the tenancy. The cost of replacing unreturned keys or re-keying locks may be deducted from the Security Deposit.


23. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this California Residential Lease Agreement as of the Effective Date set forth above.

LANDLORD:

Signature: _________________________________________
Print Name: [________________________________]
Title (if applicable): [________________________________]
Date: [__/__/____]

TENANT:

Signature: _________________________________________
Print Name: [________________________________]
Date: [__/__/____]

ADDITIONAL TENANT (if applicable):

Signature: _________________________________________
Print Name: [________________________________]
Date: [__/__/____]

ADDITIONAL TENANT (if applicable):

Signature: _________________________________________
Print Name: [________________________________]
Date: [__/__/____]


EXHIBITS AND ADDENDA

The following exhibits and addenda are attached to and incorporated into this Agreement by reference:

☐ Exhibit A — Move-In / Move-Out Inspection Checklist
☐ Exhibit B — Lead-Based Paint Disclosure and Acknowledgment (pre-1978 properties)
☐ Exhibit C — Megan's Law Database Notification
☐ Exhibit D — Bed Bug Addendum
☐ Exhibit E — Mold Disclosure and Information
☐ Exhibit F — Pet Addendum (if applicable)
☐ Exhibit G — Parking and Storage Agreement (if applicable)
☐ Exhibit H — Local Rent Stabilization Disclosures (if applicable)
☐ Exhibit I — Asbestos Disclosure (if applicable)
☐ Exhibit J — Flood Hazard Disclosure (if applicable)
☐ Exhibit K — Military Ordnance Location Disclosure (if applicable)
☐ Exhibit L — Smoking Policy Disclosure
☐ Exhibit M — AB 1482 Exemption Notice (if applicable)
☐ Other: [________________________________]


24. SOURCES AND REFERENCES

The following statutes and authorities are cited in or relevant to this Agreement:

California Civil Code:

California Health & Safety Code:

California Code of Civil Procedure:

Federal Law:

Key Legislation:

Informational Resources:


Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.

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About This Template

Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: April 2026