California Rental Agreement: Rules and Requirements

A California rental agreement is a legally binding contract between a landlord and a tenant that outlines the terms of occupying a property. This document is foundational to the landlord-tenant relationship, providing a clear framework of expectations, responsibilities, and rights for both parties involved.

What is a California Rental Agreement

A rental agreement specifies the conditions for a tenant to use and occupy a rental property. In California, these agreements can be oral for terms of one year or less, but written agreements are strongly recommended to clarify the rules for both parties.

There are two primary types of rental agreements. A fixed-term lease is for a specific duration, often one year, during which terms like the rent amount are set. A periodic agreement, most commonly a month-to-month tenancy, automatically renews at the end of each period until either the landlord or tenant provides proper notice to terminate the arrangement. This type of agreement offers more flexibility but also allows for changes in terms, such as rent increases, with appropriate notice.

Essential Terms in a California Rental Agreement

A California rental agreement must contain several pieces of information to be legally sound. It should identify the full legal names of the landlord and all adult tenants and include a detailed description of the property with its full street address and unit number. The lease term must also be clearly stated, whether it’s a fixed period with start and end dates or a month-to-month arrangement.

The financial terms are a central component, specifying the exact rent amount, the due date (e.g., the first of the month), and acceptable payment methods. If a landlord charges a late fee, the terms must be in the lease and be a reasonable estimate of costs the landlord incurs from the late payment, as outlined in California Civil Code Section 1671.1California Public Law. California Civil Code section 1671 (2025)

The agreement must state the security deposit amount, which is limited to one month’s rent for both furnished and unfurnished units. An exception allows small landlords who own no more than two residential properties with four or fewer total units to collect up to two months’ rent, unless the tenant is a service member. The landlord must return the deposit within 21 days of the tenant moving out, along with an itemized statement of any deductions for unpaid rent or damages beyond normal wear and tear, per Civil Code Section 1950.5.2California Public Law. California Civil Code section 1950.5 (2025)

Finally, the agreement should outline the landlord’s right of entry. This specifies that entry is allowed for legally defined reasons, such as emergencies or repairs, and requires reasonable advance notice as described in Civil Code Section 1954.3California Public Law. California Civil Code section 1954 (2025)

Mandatory Disclosures for California Rentals

California law mandates that landlords provide tenants with specific information before they sign a rental agreement. These disclosures are meant to inform tenants about known conditions of the property and surrounding area. For example, properties built before 1978 require a lead-based paint disclosure and an EPA pamphlet. Landlords must also disclose the potential presence of asbestos in buildings constructed before 1981.

If a landlord is aware of toxic mold in a unit that exceeds permissible exposure limits, they must provide a written disclosure. If the property is under a contract for periodic pest treatment, the landlord must provide the tenant with the pest control company’s notice. Landlords must also provide general information about bed bugs, including their appearance and prevention, as required by Civil Code Section 1954.603.4California Public Law. California Civil Code section 1954.603 (2025)

Other required disclosures include:

  • Informing tenants about the registered sex offender database (Megan’s Law) by including specific language in the lease.5California Public Law. California Civil Code section 2079.10a (2025)
  • Disclosing if a death occurred in the unit within the past three years and the manner of death, unless the occupant had HIV.
  • Notifying tenants if the property is in a known flood hazard area or within one mile of a former military ordnance location.
  • Providing information on shared utility arrangements, any plans to demolish the rental unit, and the property’s smoking policy.

Key Rights and Responsibilities of Parties

Tenants are responsible for paying rent on time, keeping their rental unit clean and sanitary, and avoiding damage to the property. They must also comply with all terms of the rental agreement, such as policies on pets or illegal activities, and promptly notify the landlord of any conditions requiring repairs.

Landlords have a corresponding set of duties, with the primary one being to provide and maintain a habitable dwelling. This concept is known as the “implied warranty of habitability” under Civil Code Section 1941. This means ensuring the unit has effective waterproofing, working plumbing and electrical systems, adequate heating, and is free from pests.6FindLaw. California Code, Civil Code – CIV § 1941.1 | FindLaw Landlords must also respect a tenant’s right to quiet enjoyment, which means not interfering with their peaceful possession of the property, and must follow legal procedures for entry.

Changing or Ending Your California Rental Agreement

Any changes to a fixed-term lease require a written addendum signed by both the landlord and the tenant. For month-to-month tenancies, a landlord can change terms, such as increasing the rent, by providing proper written notice. Under Civil Code Section 827, a 30-day notice is required for rent increases of 10% or less, while a 90-day notice is necessary for increases over 10%.7California Public Law. California Civil Code section 827 (2025)

When a tenant wishes to end a month-to-month agreement, they must give the landlord a 30-day written notice. Breaking a fixed-term lease can have financial consequences for the tenant, though legal exceptions exist, such as for victims of domestic violence under Civil Code Section 1946.7.8California Public Law. California Civil Code section 1946.7 (2025) Landlords seeking to terminate a tenancy must provide 30 days’ notice for tenants who have lived in the unit for less than a year and 60 days for those who have resided there for a year or more. For most properties, the Tenant Protection Act (AB 1482) requires landlords to have a “just cause,” like non-payment of rent, to evict a tenant who has lived in the unit for 12 months or more.

LegalHelp.us Team

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