RESIDENTIAL LEASE AGREEMENT

(California)

[// GUIDANCE: This template is drafted for use with residential real property located in California and is designed to comply with applicable provisions of the California Civil Code and the California Code of Civil Procedure. Practitioners MUST review and tailor this form to the specific transaction, property type, and local ordinances (e.g., rent control, just-cause eviction, and tenant protection statutes) before use.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Lease Grant & Term
   3.2 Rent; Additional Charges
   3.3 Security Deposit
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Residential Lease Agreement (the “Agreement”)

This Agreement is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LANDLORD FULL LEGAL NAME], a [LEGAL FORM] (“Landlord”), whose notice address is [LANDLORD ADDRESS]; and
• [TENANT FULL LEGAL NAME], [an individual / a married couple / other] (“Tenant”), whose notice address is the Premises described below (collectively, the “Parties,” and each, a “Party”).

Recitals

A. Landlord is the fee simple owner of the residential real property commonly known as [PREMISES STREET ADDRESS, CITY, CA ZIP] (the “Premises”).
B. Tenant desires to lease, and Landlord desires to let, the Premises on the terms and conditions set forth herein.
C. In consideration of the mutual covenants contained herein, the Parties agree as follows.

2. DEFINITIONS

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

“Additional Rent” – Any monetary obligation of Tenant other than Base Rent, including late fees, utilities, or costs recoverable by Landlord hereunder.
“Base Rent” – The monthly rental amount stated in Section 3.2(a).
“Business Day” – Any day other than a Saturday, Sunday, or legal holiday in the State of California.
“Habitability Standards” – The statutory requirements of Cal. Civ. Code § 1941.1 and any local health or housing codes applicable to the Premises.
“Lease Term” – The period commencing on the Commencement Date and expiring on the Expiration Date, as defined in Section 3.1.
“Security Deposit” – The amount described in Section 3.3.
“Unlawful Detainer Action” – An eviction proceeding under Cal. Code Civ. Proc. §§ 1161–1179a.

[// GUIDANCE: Add or remove defined terms as needed. Ensure each defined term is used consistently throughout the Agreement.]

3. OPERATIVE PROVISIONS

3.1 Lease Grant & Term

(a) Lease Grant. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the same from Landlord, subject to the terms of this Agreement.

(b) Lease Term.
i. Commencement Date: [COMMENCEMENT DATE]
ii. Expiration Date: [EXPIRATION DATE]
iii. Holdover. Any possession after the Expiration Date without Landlord’s written consent shall constitute a tenancy at sufferance subject to a daily holdover charge equal to 150 % of the prorated Base Rent, plus any consequential damages.

3.2 Rent; Additional Charges

(a) Base Rent. Tenant shall pay to Landlord monthly Base Rent of $[AMOUNT], due in advance on or before the first (1st) calendar day of each month at the notice address set forth above or as otherwise directed in writing.

(b) Payment Method. Rent must be paid by [cashier’s check / ACH / other], time being of the essence.

(c) Late Charge. If any Rent remains unpaid after the fifth (5th) calendar day following the due date, Tenant shall pay a late fee of $[LATE FEE] as Additional Rent.

(d) Returned Payment Fee. Checks returned for insufficient funds shall incur a fee of $[NSF FEE], plus any bank charges.

3.3 Security Deposit

(a) Amount; Statutory Cap. Upon execution, Tenant shall deposit $[SECURITY DEPOSIT AMOUNT] with Landlord as the Security Deposit, which shall not exceed two (2) times the monthly Base Rent for an unfurnished unit or three (3) times the monthly Base Rent for a furnished unit, in accordance with Cal. Civ. Code § 1950.5(c).

(b) Permitted Deductions. Landlord may deduct from the Security Deposit only for (i) unpaid Rent, (ii) repair of damages beyond ordinary wear and tear, (iii) cleaning the Premises to the same level of cleanliness as at commencement, and (iv) restoration of personal property, all as allowed by Cal. Civ. Code § 1950.5(b).

(c) Accounting & Return. Within twenty-one (21) calendar days after Tenant vacates, Landlord shall (i) furnish an itemized statement of deductions together with supporting receipts, and (ii) refund any remaining balance, as required by Cal. Civ. Code § 1950.5(g).

(d) Interest. [OPTIONAL—INSERT LOCAL ORDINANCE REQUIREMENTS.]
[// GUIDANCE: Some municipalities (e.g., San Francisco, Los Angeles) require interest on residential security deposits.]

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each Party represents to the other that:
(a) it has full power and authority to enter into and perform this Agreement; and
(b) entry into this Agreement does not violate any other agreement to which it is bound.

4.2 Landlord Representations. Landlord further represents that:
(a) it holds fee title to the Premises free of any restriction that would prevent leasing;
(b) the Premises comply with Habitability Standards as of the Commencement Date; and
(c) there are no outstanding notices of violation from any governmental authority that have not been disclosed to Tenant.

4.3 Tenant Representations. Tenant represents that:
(a) all information provided in Tenant’s rental application is true and complete;
(b) Tenant has the financial capacity to perform its obligations hereunder; and
(c) Tenant’s intended use is solely residential.

4.4 Survival. The representations and warranties in this Section survive the expiration or earlier termination of this Agreement for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Tenant shall:
(a) pay Rent and perform all monetary obligations when due;
(b) maintain the Premises in a clean, sanitary, and safe condition;
(c) promptly notify Landlord of any condition constituting a violation of Habitability Standards;
(d) comply with all applicable laws, ordinances, and homeowners’ association rules (if any);
(e) use the Premises exclusively as a private residence for no more than [MAXIMUM OCCUPANTS] persons; and
(f) allow Landlord reasonable access upon twenty-four (24) hours’ written notice, or immediately in case of emergency, in accordance with Cal. Civ. Code § 1954.

5.2 Prohibited Conduct. Tenant shall not:
(a) commit waste or nuisance on the Premises;
(b) make alterations without Landlord’s prior written consent;
(c) keep pets except as specifically permitted in writing;
(d) engage in illegal activities;
(e) smoke inside the Premises or common areas [unless smoking area designated].

5.3 Landlord Covenants. Landlord shall:
(a) maintain Habitability Standards at all times;
(b) provide and maintain all structural components, plumbing, heating, electrical, and other systems in good working order; and
(c) comply with all applicable building, housing, and health codes.

5.4 Notice & Cure. Except as otherwise provided by law, the non-defaulting Party shall give written notice of any alleged breach and allow a cure period of three (3) Business Days for monetary defaults and ten (10) Business Days for non-monetary defaults, before exercising remedies.

6. DEFAULT & REMEDIES

6.1 Events of Default. The occurrence of any of the following constitutes a default:
(a) failure to pay Rent within three (3) days after delivery of a written Notice to Pay Rent or Quit per Cal. Code Civ. Proc. § 1161(2);
(b) material breach of any covenant, provided such breach is not cured within the applicable notice period;
(c) abandonment of the Premises; or
(d) insolvency or bankruptcy of Tenant.

6.2 Remedies. Upon default, Landlord may, subject to applicable law:
(a) serve statutory notices and initiate an Unlawful Detainer Action to recover possession;
(b) recover unpaid Rent, Additional Rent, and damages;
(c) apply the Security Deposit toward unpaid sums; and
(d) seek injunctive relief for ongoing violations (including but not limited to waste or unauthorized occupancy).

6.3 Landlord’s Mitigation. If Tenant defaults and abandons the Premises, Landlord shall make reasonable efforts to mitigate damages as required by Cal. Civ. Code § 1951.2.

6.4 Attorney Fees. The prevailing Party in any action arising out of this Agreement shall recover its reasonable attorney fees and costs.

7. RISK ALLOCATION

7.1 Indemnification by Tenant. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against any and all claims, damages, 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 or willful misconduct.

7.2 Limitation of Liability. Except for (i) Landlord’s fraud, willful misconduct, or violation of Habitability Standards, and (ii) Landlord’s obligations under Cal. Civ. Code § 1942.4, Landlord’s aggregate liability to Tenant for any loss or damage 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 ACTIVE NEGLIGENCE OR INTENTIONAL ACTS TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

7.3 Insurance. Tenant shall obtain and maintain throughout the Lease Term renter’s insurance with minimum liability coverage of $[POLICY LIMITS] per occurrence, naming Landlord as an additional insured.

7.4 Force Majeure. Neither Party shall be liable for failure to perform due to events beyond its reasonable control, including acts of God, governmental actions, or natural disasters; provided, however, that this Section does not excuse Tenant’s obligation to pay Rent.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the residential landlord-tenant law of the State of California without regard to its conflict of laws principles.

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

8.3 Arbitration. The Parties agree that NO dispute under this Agreement shall be submitted to arbitration.

8.4 Jury Trial. Nothing herein shall constitute a waiver of either Party’s constitutional right to a jury trial.

8.5 Equitable Relief. Landlord retains the right to seek temporary, preliminary, and permanent injunctive relief, including but not limited to writs of possession or other orders necessary to effectuate an eviction or to prevent waste.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver of any provision is effective unless in writing signed by both Parties. A waiver on one occasion is not a waiver on any subsequent occasion.

9.2 Assignment & Subletting. Tenant shall not assign this Agreement or sublet any portion of the Premises without Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion.

9.3 Successors & Assigns. Subject to the restriction on assignment, this Agreement binds and benefits the Parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to make it enforceable.

9.5 Entire Agreement. This Agreement, together with any addenda or disclosures incorporated herein, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically (e.g., via DocuSign) are binding.

9.7 Notices. All notices shall be in writing and delivered (i) by personal delivery, (ii) by certified mail, return receipt requested, or (iii) by nationally recognized overnight courier, to the addresses set forth in the Document Header, or to such other address as a Party may designate by notice.

9.8 Lead-Based Paint; Mold; Bedbug & Pest Addenda. If required by law, Landlord shall provide Tenant with the federally mandated Lead-Based Paint Disclosure (for properties built prior to 1978) and any state-required mold or bedbug notices, each of which is incorporated herein by reference.

10. EXECUTION BLOCK

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

LANDLORD:

[LANDLORD NAME]
By: ___ Title: ___
Date: ______

TENANT:

[TENANT NAME]
Date: ______

[Add additional signature lines if multiple Tenants or Landlords]

[OPTIONAL NOTARY ACKNOWLEDGMENT if required for recordation or local ordinance.]

[// GUIDANCE:
1. Attach mandatory California disclosures (e.g., Megan’s Law, bedbug, flood hazard, etc.) as separate exhibits.
2. Verify compliance with any rent stabilization or eviction-control ordinances.
3. Consider including a “Joint and Several Liability” clause when multiple Tenants sign.
4. For properties in jurisdictions requiring a local inspection or certification of occupancy, insert corresponding representations.]