Lease Agreement requirements in California
- All leases must be in writing if the term exceeds one year, but it's smart to always have a written agreement.
- Include required disclosures like lead-based paint (for pre-1978 properties), mold, and the Megan's Law database notice.
- Specify the security deposit amount: California limits it to 2 months' rent for unfurnished units, 3 months for furnished.
- Address rent control if your city has it (e.g., L.A., San Francisco) - state law caps rent increases at 5% plus CPI (max 10%) under AB 1482.
- Both parties must sign, and the landlord must provide a copy to the tenant within 15 days.
- California does not require notarization for a standard lease, but it's recommended for long-term or commercial leases.
How to create a Lease Agreement in California
- Gather required information: property address, landlord and tenant names, rent amount, due date, and term length.
- Use a California-specific template or create your own, ensuring you add all mandatory disclosures.
- Include important terms: late fees, utilities, maintenance responsibilities, and entry rules (24-hour notice required).
- Review security deposit rules and tenant rights under state and local laws (e.g., rent control, just cause eviction).
- Have both parties sign and date the lease; keep a copy for your records.
- The landlord must provide the tenant with a signed copy within 15 days (civil code 1962).
What a Lease Agreement typically costs
The cost of a California lease agreement ranges from free (using templates) to $200 or more if you hire an attorney. Online services like Rocket Lawyer or eForms charge $10-$50 for a one-time document. Attorney-drafted leases are usually the most expensive but ensure full compliance.
Download a California lease agreement template now to get started with your rental.
Create your lease agreementReady Your California Lease: Pre-Start Checklist
Before drafting a California residential lease, gather key details and understand state-specific rules to avoid common disputes and ensure enforceability.
- Verify all parties' full legal names and contact information, including emergency contacts if required.
- Confirm the property address, unit number, and any included amenities (parking, storage) precisely as they appear on records.
- Review California's rent control laws that may apply to your city (e.g., AB 1482) to determine if your lease must include specific disclosures.
- Prepare required disclosures: including but not limited to, lead-based paint (for pre-1978 buildings), mold, and Megan's Law database notice.
- Set clear payment terms: rent amount, due date, grace period (if any), acceptable methods, and late fees (must be reasonable per state law).
- Have ready the security deposit amount and conditions for deductions, ensuring it does not exceed two months' rent (unfurnished) per California law.
Frequently asked questions
Does a California lease agreement need to be notarized?
No, notarization is not required for a standard residential lease agreement. However, if you're signing a long-term lease or a commercial lease, notarization can add extra legal protection. Always verify with local rules.
Are there required disclosures in a California lease?
Yes, landlords must disclose lead-based paint hazards for properties built before 1978, provide a copy of the Megan's Law database notice, and give written notice about mold, among others. Some cities have additional requirements, so check local laws.
What is the maximum security deposit in California?
For unfurnished units, the maximum is two months' rent, and for furnished units, three months' rent. However, under AB 1482, if you are a corporate landlord, those limits may be adjusted. Always check the latest regulations.
Can a landlord increase rent in California?
Under AB 1482, rent increases are capped at 5% plus the local CPI, with a maximum of 10% per year. Some cities have stricter rent control laws, so you must comply with local ordinances as well.