RESIDENTIAL LEASE AGREEMENT - CALIFORNIA
This Residential Lease Agreement (the "Lease") is entered into on [[Lease Execution Date]] by and between:
Landlord: [[Landlord Full Legal Name or Entity Name]] ("Landlord")
Address for notices: [[Landlord Notice Address, City, CA, ZIP]]
Phone: [[Phone]] | Email: [[Email]]
Property Manager (if different): [[Manager Name and Contact]]
Tenant(s): [[Tenant Full Legal Name(s)]] (jointly and severally, "Tenant")
1. PREMISES
Landlord leases to Tenant the residential premises located at:
[[Full Property Address, Unit Number if applicable, City, California, ZIP Code]] (the "Premises")
The Premises include the following:
- Parking: [[Assigned space(s) or "None"]]
- Storage: [[Description or "None"]]
- Appliances and furnishings: [[List or "As listed in attached Move-In/Move-Out Checklist"]]
The Premises shall be used solely as a private residence and for no other purpose without Landlord's prior written consent.
2. TERM
Lease Type (select one):
- [ ] Fixed Term: Begins [[Start Date]] and ends [[End Date]].
- [ ] Month-to-Month: Begins [[Start Date]] and continues month-to-month until properly terminated.
Upon expiration of a fixed term, if Tenant remains with Landlord's consent and no new agreement is signed, the tenancy becomes month-to-month on the same terms.
3. RENT
3.1 Monthly Rent: $[[Monthly Rent Amount]], payable in advance on the [[Due Day of Month, e.g. 1st]] day of each month, without deduction or offset.
3.2 Payment Method: [[Check payable to Landlord / ACH / online portal / other accepted methods]] delivered to [[Payment Address or Account Details]].
3.3 Proration: If the Lease begins on a day other than the first of the month, the first month's rent is prorated at $[[Prorated First Month Amount]].
3.4 Accepted Payment Methods and Fees: Landlord shall not require payment by cash or money order only. Any convenience fees for electronic payments must comply with Civil Code § 1947.3.
4. LATE CHARGES AND RETURNED PAYMENTS
4.1 Rent is late if not received by Landlord within the applicable grace period after the due date.
4.2 Grace Period and Late Fee: Rent is due on the [[Due Day]]. A late fee of $[[Late Fee Amount or "the maximum permitted by law"]] may be charged only after any grace period required by law or lease. Landlord acknowledges that late fees must be reasonable estimates of actual damages under California law.
4.3 A fee of $[[Returned Payment Fee]] applies to any returned or dishonored payment.
5. SECURITY DEPOSIT
5.1 Security Deposit Amount: $[[Security Deposit Amount]]
Under California Civil Code § 1950.5 (as amended, including by AB 12 effective 2024), for most landlords the security deposit may not exceed one month's rent. A landlord who is a natural person, family trust, or LLC composed entirely of natural persons and who owns no more than two residential rental properties totaling no more than four units may collect up to two months' rent (subject to lower limits for service members). No deposit may be collected from a service member in excess of one month's rent.
5.2 Permitted Uses: The deposit may be applied to unpaid rent, repair of damage beyond ordinary wear and tear, and cleaning necessary to return the Premises to its move-in condition.
5.3 Return Timeline: Within 21 calendar days after Tenant vacates, Landlord shall provide an itemized written statement of deductions together with copies of receipts or invoices for deductions exceeding $125, and shall return any remaining deposit. The timeline may be extended in limited circumstances (e.g., when repairs cannot reasonably be completed within 21 days and Tenant is notified).
5.4 Tenant may not apply the deposit as last month's rent. Landlord may not require a security deposit and last month's rent in a manner that exceeds statutory caps.
6. UTILITIES AND SERVICES
Tenant shall be responsible for payment of: [[List utilities Tenant pays, e.g., electricity, gas, water (if separately metered), internet, trash if applicable]]
Landlord shall be responsible for: [[List utilities Landlord pays]]
Tenant shall place all tenant-paid utilities in Tenant's name effective on the start date and shall maintain service throughout the tenancy.
7. OCCUPANTS AND GUESTS
The Premises shall be occupied only by Tenant and the following additional authorized occupants: [[List names or "None"]]
A guest staying more than [[e.g., 14 consecutive days or 30 total days in a calendar year]] without Landlord's prior written consent may be deemed an unauthorized occupant and a breach of this Lease.
8. USE, CONDUCT, AND QUIET ENJOYMENT
Tenant shall use the Premises lawfully, shall not create a nuisance or interfere with the quiet enjoyment of neighbors or other tenants, and shall comply with all applicable laws, HOA rules (if any), and reasonable rules adopted by Landlord on notice.
9. PETS AND ASSISTANCE ANIMALS
Pet policy: [[No pets / Specific pet(s) permitted with additional deposit or rent as follows: [[Pet rent or deposit details]] / "As separately agreed in writing"]]
Assistance animals required by law shall be permitted without additional charge, subject to reasonable verification of disability-related need where permitted by law.
10. SMOKING
Smoking policy: [[No smoking of any kind inside the Premises or within [[X]] feet of entrances / Designated outdoor smoking area only / Other]]
Tenant is responsible for all damage caused by smoking.
11. PARKING AND VEHICLES
Only operable, registered, and insured vehicles may be parked in assigned spaces. Inoperable, unregistered, or unauthorized vehicles may be towed after any notice required by law or posted rules, at the vehicle owner's expense.
12. MAINTENANCE AND REPAIRS - LANDLORD
Landlord shall maintain the Premises in a habitable condition and shall comply with all applicable building and housing codes. Landlord shall keep in good repair the structural components, roof, plumbing, electrical, heating, and provided appliances (implied warranty of habitability under California law).
13. MAINTENANCE AND REPAIRS - TENANT
Tenant shall keep the Premises clean, sanitary, and free from hazards; properly use all systems and appliances; replace HVAC filters, light bulbs, and batteries in smoke/CO detectors; keep plumbing clear; and promptly notify Landlord of needed repairs. Tenant shall be responsible for damage caused by Tenant's misuse, neglect, or that of occupants or guests.
14. LANDLORD'S RIGHT OF ENTRY
Landlord may enter the Premises for the purposes and with the notice required by Civil Code § 1954:
- To make necessary or agreed repairs, decorations, alterations, or improvements.
- To supply necessary or agreed services.
- To exhibit the Premises to prospective or actual purchasers, tenants, workmen, or contractors.
Except in cases of emergency or tenant abandonment or consent, Landlord shall give Tenant at least 24 hours' written notice (reasonable hours) before entry. Notice may be given in person, by telephone, or by leaving written notice at the Premises or by mail.
15. RENTER'S INSURANCE
Tenant shall maintain renter's insurance with personal liability coverage of at least $[[Minimum Liability Amount, e.g. 300,000]] throughout the term and shall provide proof upon request. Landlord's insurance does not cover Tenant's personal property or liability. Each party waives subrogation rights to the extent of insurance proceeds.
16. LIABILITY AND INDEMNITY
Except to the extent caused by Landlord's negligence or violation of law, Tenant assumes all risk of loss or damage to Tenant's property and shall indemnify and hold Landlord harmless from claims arising from Tenant's use of the Premises or the acts of Tenant's occupants and guests.
17. ASSIGNMENT AND SUBLETTING
Tenant shall not assign this Lease or sublet the Premises or any part thereof without Landlord's prior written consent, which may be withheld in Landlord's reasonable discretion.
18. ALTERATIONS AND FIXTURES
Tenant shall not make alterations, additions, or improvements, paint, install satellite dishes or antennas, or change locks without Landlord's prior written consent. Approved improvements become Landlord's property upon installation unless otherwise agreed in writing. Tenant shall provide Landlord a key to any changed locks.
19. DEFAULT AND REMEDIES
19.1 Tenant is in default if Tenant fails to pay rent when due, breaches any term of this Lease, or abandons the Premises.
19.2 Upon default, Landlord may serve the appropriate notice under California law (3-day notice to pay or quit, 3-day notice to cure or quit, 30/60-day notice, or unconditional quit where permitted) and may pursue all remedies available, including unlawful detainer, recovery of possession, unpaid rent, damages, and costs.
19.3 Landlord shall not engage in self-help evictions (changing locks, shutting off utilities, removing doors or property) except as expressly authorized by law after obtaining a court order.
19.4 After termination, Tenant remains liable for rent for the balance of the term, subject to Landlord's duty to take reasonable steps to mitigate damages by re-renting.
20. HOLDOVER
If Tenant remains in possession after the term without Landlord's written consent, Tenant shall pay holdover rent of $[[Holdover Daily or Monthly Rate]] per day or such higher amount as permitted, and shall be liable for all resulting damages, including lost rent and attorney fees.
21. SURRENDER
At the end of the tenancy, Tenant shall remove all personal property, return all keys and access devices, leave the Premises clean and in the move-in condition (ordinary wear and tear excepted), and provide a written forwarding address for the security deposit accounting.
22. NOTICES
Notices to Tenant may be delivered to the Premises or by the methods permitted by law. Notices to Landlord shall be sent to the address in Section 1 (or updated address provided in writing). To terminate a month-to-month tenancy, the terminating party must give written notice of at least 30 days if the tenant has resided less than one year, and 60 days if one year or more (Civil Code § 1946.1).
23. SUBORDINATION, ESTOPPEL, AND ATTORNMENT
This Lease is subordinate to any present or future mortgage or deed of trust. Tenant shall, within ten (10) days of request, execute a commercially reasonable estoppel certificate and attorn to any successor.
24. WAIVER AND SEVERABILITY
No waiver of any breach shall be a waiver of any other breach. If any provision is held unenforceable, the remainder continues in full force.
25. ATTORNEY FEES
In any action or proceeding arising out of this Lease, the prevailing party shall be entitled to recover reasonable attorney fees and costs from the other party as provided by law or contract (Civil Code § 1717).
26. REQUIRED DISCLOSURES (CALIFORNIA)
Lead-Based Paint Disclosure (for pre-1978 housing): Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Landlord has provided the required pamphlet and disclosure form (42 U.S.C. 4852d). Tenant acknowledges receipt of the lead-based paint disclosure and pamphlet.
Mold Disclosure (Civil Code § 1940.7): Landlord has no actual knowledge of the presence of mold that poses a health risk in the Premises, except as disclosed: [[Disclose known mold or state "None known"]].
Bed Bug Disclosure (Civil Code § 1954.1): Landlord has provided the required bed bug information and prevention pamphlet. Tenant acknowledges receipt.
Flood Disclosure: If the Premises is in a special flood hazard area, Landlord has disclosed or will disclose as required. Check local requirements and any recent legislation.
Megan's Law / Registered Sex Offender Database: Information about registered sex offenders may be obtained from the California Department of Justice at https://meganslaw.ca.gov.
AB 747 Mandatory Fee Disclosure (effective 2026): Landlord discloses the following recurring or one-time fees in addition to rent (if any): [[List application fees, amenity fees, parking fees, pet rent, utility billing fees, or "None"]]. Failure to disclose may limit Landlord's ability to collect such fees.
Other Disclosures: [[Any additional required disclosures, e.g., smoking policy, natural hazard, military base proximity, etc.]]
27. GOVERNING LAW
This Lease is governed by the laws of the State of California. Any legal action shall be brought in the county where the Premises are located.
28. ENTIRE AGREEMENT
This Lease, including any addenda and exhibits, constitutes the entire agreement. No modification is binding unless in writing and signed by both parties.
29. SIGNATURES
LANDLORD:
[[Landlord Full Legal Name or Entity]]
By: ________________________________________
Name: [[Signer Name]] Title: [[Title]]
Date: [[Date]]
TENANT(S):
________________________________________
[[Tenant Full Legal Name]] Date: [[Date]]
________________________________________
[[Additional Tenant Full Legal Name]] Date: [[Date]]
30. DISCLAIMER
Template - not professional (legal/financial/medical) advice. This is a sample residential lease agreement for use in California. Key provisions are governed by Civil Code §§ 1940-1954.1, 1950.5 (security deposits), 1954 (entry), 1946.1 (termination notice), 1940.7 (mold), 1954.1 (bed bugs), CCP §§ 1161 et seq. (eviction), AB 1482 (just cause), AB 747 (fee disclosures), and local rent control/ordinances. Requirements differ for rent-controlled units, newer buildings, single-family homes, and different cities. All statutory figures and disclosures must be verified against current law at the time of use. Landlords and tenants should consult qualified California counsel. This document is not legal advice. As of June 2026.
EXHIBITS
Exhibit A - Move-In/Move-Out Condition Checklist (to be completed at move-in and move-out)
Exhibit B - House Rules (if any)
Exhibit C - Lead-Based Paint Disclosure and Pamphlet (pre-1978)
Exhibit D - Bed Bug Disclosure and Information
[[Attach additional exhibits as needed, e.g., parking rules, pet agreement, addendum for furnishings.]]
