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Free California Lease Agreement

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California Lease Agreement Requirements (2026)

Every California residential lease must comply with state landlord-tenant law. Here are the key rules your lease must follow:

RuleRequirement
Security Deposit Limit 1 month’s rent (AB 12, effective July 2024)
Deposit Return Deadline 21 days
Late Fee Cap No statewide statutory cap
Grace Period No statutory requirement (but many local ordinances require grace periods)
Landlord Entry Notice 24 hours notice
Rent Increase Notice 30 days (increase ≤10%) or 90 days (increase >10%)
Rent Control 5% + CPI, maximum 10% per year

Key California Landlord-Tenant Laws

  • Tenant Protection Act (AB 1482) (Cal. Civ. Code §1946.2, §1947.12) — Statewide rent cap (5% + CPI, max 10%) and just cause eviction protections for most residential tenancies. Extended through 2035.
  • Security Deposit Reform (AB 12) (Cal. Civ. Code §1950.5) — Limits security deposits to 1 month’s rent for most landlords, effective July 2024.
  • California Civil Code — Hiring of Real Property (Cal. Civ. Code §1940 et seq.) — Comprehensive landlord-tenant law covering habitability, disclosures, entry, security deposits, and tenant remedies.
  • Owner Move-In Eviction Restrictions (SB 567) (Cal. Civ. Code §1946.2) — Strengthens owner move-in (OMI) eviction rules under AB 1482. Owner or qualified relative must move in within 90 days of tenant vacating and occupy for at least 12 consecutive months. Violations subject landlord to 3x actual damages plus attorney fees and costs. Effective April 1, 2024.
  • Junk Fee Prohibition (SB 611) (Cal. Civ. Code §1947.3 et seq.) — Prohibits landlords from charging fees not disclosed in the rental agreement, including hidden move-in, administrative, or convenience fees. Requires all mandatory fees to be included in the advertised rental price. Effective July 1, 2024.
  • Tenant Screening Fee Limits (AB 2801) (Cal. Civ. Code §1950.6) — Caps tenant screening fees at the actual cost of obtaining the credit or background report. Landlords must provide an itemized receipt and may not charge screening fees if they know the unit is not available. Effective January 1, 2025.
  • Balcony & Elevated Structure Inspection (SB 721 / SB 1510) (Cal. Health & Safety Code §17973 et seq.) — Requires inspection of exterior elevated elements (balconies, decks, stairways) on buildings with 3+ units by a licensed structural engineer or contractor. Initial inspection deadline was January 1, 2025. Repairs must be completed within 120 days of a deficiency finding.
  • Fair Chance Act — Ban the Box (AB 1008) (Cal. Gov. Code §12952) — Prohibits landlords from inquiring about or considering criminal history before making a conditional housing offer. After an offer is extended, landlords may conduct individualized assessments and must follow a specific adverse action process before denying based on criminal history. Effective January 1, 2020.
  • Source of Income Discrimination Prohibition (SB 329 / AB 1188) (Cal. Gov. Code §12955) — Prohibits landlords from refusing to rent to, or discriminating against, applicants because they use Section 8 housing vouchers or other housing assistance. Applies statewide to all residential landlords. Effective January 1, 2020.
  • ESA Documentation Restrictions (AB 468) (Cal. Health & Safety Code §1798.991 et seq.) — Restricts the sale or provision of emotional support animal (ESA) letters by online third-party services unless issued by a licensed healthcare professional with an established patient relationship. Landlords may verify ESA documentation; letters from non-compliant services may be disregarded. Effective January 1, 2022.
  • Substandard Building Habitability (AB 838) (Cal. Health & Safety Code §17980.12 et seq.) — Expands tenant rights when a local agency determines a building is substandard. Requires the landlord to provide relocation assistance and prohibits rent collection during the period of abatement. Strengthens habitability complaint protections and anti-retaliation provisions. Effective January 1, 2022.
  • Bereavement Leave — Lease Break Impact (SB 1383) (Cal. Lab. Code §232.1; Cal. Civ. Code §1946.1) — SB 1383 requires employers to provide bereavement leave but also created a companion right allowing tenants to terminate a fixed-term lease early without penalty when a qualifying family member death causes undue hardship, provided proper documentation is given to the landlord. Effective January 1, 2023.
  • Tenant Screening Report Sharing — Portability (AB 2559) (Cal. Civ. Code §1950.6) — Allows tenants to obtain and share a single consumer screening report across multiple rental applications within 30 days. Landlords must accept tenant-provided reports from approved consumer reporting agencies and may not charge a screening fee if the tenant provides a compliant report. Effective January 1, 2025.

Frequently Asked Questions

What is the maximum rent increase allowed in California?
Under AB 1482, landlords may increase rent by a maximum of 5% plus the local CPI, or 10%, whichever is lower. This applies to most residential properties that are 15 or more years old. Local rent control ordinances in cities like Los Angeles, San Francisco, and Oakland may impose stricter limits.
How much can a landlord charge for a security deposit in California?
As of July 2024, AB 12 limits security deposits to 1 month’s rent for most landlords, regardless of whether the unit is furnished or unfurnished. The deposit must be returned within 21 days of moveout with an itemized statement.
Does California require just cause for eviction?
Yes. Under AB 1482, landlords must have just cause to evict tenants who have lived in the unit for 12 months or more. Just cause includes at-fault reasons (nonpayment, lease violations) and no-fault reasons (owner move-in, substantial remodel), with specific notice and relocation assistance requirements.
What disclosures are required for California landlords?
California requires numerous disclosures including lead paint (pre-1978 buildings), Megan’s Law database, bed bug history, flood/fire zone, demolition intent, mold, asbestos, and military ordnance locations. The required disclosures vary by property type and location.
What are the owner move-in eviction rules under SB 567?
Under SB 567 (effective April 1, 2024), when a landlord evicts a tenant for owner move-in under AB 1482, the owner or qualified relative must move in within 90 days and occupy the unit for at least 12 consecutive months. Violating these requirements exposes the landlord to 3x actual damages, plus attorney fees and costs.
Can California landlords charge fees not listed in the lease?
No. SB 611 (effective July 1, 2024) prohibits landlords from charging any fees not disclosed in the rental agreement. All mandatory fees must be included in the advertised rent price. Hidden administrative, move-in, or convenience fees are prohibited.
Can California landlords ask about criminal history during tenant screening?
No. Under the Fair Chance Act (AB 1008), landlords may not ask about or consider criminal history before making a conditional rental offer. After an offer is made, an individualized assessment is required before any denial based on criminal history.
Are Section 8 vouchers a protected class in California?
Yes. SB 329 and AB 1188 prohibit source of income discrimination statewide. Landlords may not refuse to rent to applicants because they use Section 8 housing choice vouchers or other lawful housing assistance.
Do California buildings need balcony inspections?
Yes. SB 721 requires owners of buildings with 3 or more units to have all exterior elevated elements (balconies, decks, stairways) inspected by a licensed structural engineer or contractor. The initial inspection deadline was January 1, 2025. Required repairs must be completed within 120 days of a deficiency finding.
Can a tenant share a screening report across multiple applications in California?
Yes. AB 2559 (effective January 1, 2025) allows tenants to provide a single consumer screening report to multiple landlords within 30 days. Landlords must accept tenant-provided reports from approved agencies and cannot charge a screening fee when the tenant supplies a compliant report.

Learn more: California Landlord-Tenant Laws