Your lease should answer the questions you and your tenant will face: who lives here, what is due, who handles repairs and how the tenancy ends. Start with a standard form, then check it against the property and California law before you fill in the blanks.
This guide concerns California residential rentals. It is general information, not legal advice. State, county and city rules can differ; have a qualified California attorney review the agreement and any property-specific exemptions before signing.
Start with a property-specific lease checklist
- Parties and approved occupants: name the owner or authorized agent, the tenants signing and the other approved residents. Identify the rental address, unit, parking and any included storage.
- Tenancy duration: choose a fixed term with start and end dates, or a periodic arrangement such as month-to-month. Explain any renewal provision separately.
- Rent and payment methods: state the amount, due date, recipient, payment address or process, and the lawful alternatives to an online portal.
- Deposits and charges: separate refundable security from rent, lawful screening charges and other proposed fees. Check each charge rather than relying on its name.
- Property-specific rules: cover utilities, appliances, yard care, noise, smoking, parking and applicable HOA rules. Attach the documents the lease refers to.
- Subleasing and short-term/Airbnb use: explain the permission process and any restrictions. Check local licensing and use rules separately.
- Disclosures and signing: assemble the notices that apply to this property, fill every relevant blank, resolve conflicting addenda and give the tenant a complete signed copy.
The California Department of Real Estate’s 2026 tenant-landlord guide, printed pages 23–31, explains tenancy types, essential lease terms, payment choices and basic rights. It is a useful check against an out-of-state or outdated template.
Define the term and renewal process
A fixed-term lease has an end date. A month-to-month agreement keeps going until someone ends it with proper notice. Self-renewing terms need their own explanation: what renews, for how long, and how either party gives notice.
Do not assume that an expiration date lets you remove a tenant without further review. California’s just-cause protections can limit an owner’s ability to end a covered tenancy, and local protections may add requirements. A contract deadline for discussing renewal is not a substitute for a legally sufficient termination notice. Review Civil Code §§1946.2 and 1947.12 using the Attorney General’s rent-cap and eviction guidance.
Set out rent, payment methods and lawful charges
State how often rent is paid, the amount due and where it goes. If you take payments in person, give the location and hours. Tell residents who to contact about a payment problem and where to send formal legal notices.
Under Civil Code §1947.3, landlords generally must offer a payment method other than cash or electronic funds transfer. Exceptions have conditions; do not make an online portal the only option simply because it is convenient. The DRE guide’s paying-rent section, printed pages 41–43, explains the rule and dishonored-payment situations.
For units covered by the Tenant Protection Act, Civil Code §1947.12 limits increases over a 12-month period to the lower of 5% plus the applicable cost-of-living change or 10%. That is not a universal flat 5% allowance. Coverage, exemptions, the relevant CPI period and stricter local rules all matter. The Attorney General confirms this formula; verify the property’s current local limit before inserting a renewal figure.
State any grace period and have proposed late-payment or returned-check charges reviewed. The DRE guide explains that a preset late fee needs a legal basis where actual losses are hard to calculate. The fee must be a reasonable estimate of those costs. A fee that amounts to a penalty is invalid. Returned-check charges have separate rules under Civil Code §1719.
Keep rent and fee balances separately identifiable. Do not use a late-fee-first allocation clause as a device to manufacture unpaid rent for an eviction notice. Get legal advice on payment allocation and notice preparation instead of treating an accounting label as legal protection.
Describe the deposit without hiding extra security in other fees
Clarify the deposit amount, what it secures, the condition record and the return process. A cleaning fee, key deposit or pet deposit does not escape California’s security rules just because it has a different name.
For deposits collected under the rules effective July 1, 2024, Civil Code §1950.5 generally sets a one-month rent limit. A qualifying small landlord can collect up to two months’ rent. Ownership must be held by a natural person, a qualifying family trust, or an LLC whose members are all natural persons. The owner must have no more than two residential rental properties and no more than four units offered for rent in total.
The small-landlord exception cannot raise a service member’s deposit above one month’s rent. The Berkeley Rent Board’s statewide AB 12 summary confirms the family-trust, ownership and unit-count conditions. Older deposits and unusual advance-rent arrangements need separate review; this limit is not an instruction to collect extra security under another name.
Return the balance and an itemized statement within 21 days after move-out. You may deduct only lawful, reasonably necessary amounts. Ordinary wear and damage that predated the tenant cannot come out of the deposit. The Attorney General’s deposit section explains permitted uses.
For tenancies starting July 1, 2025 or later, take move-in photographs immediately before or at the start. Since April 1, 2025, you must also photograph the unit before and after cleaning or repairs for deposit deductions. Supply the required photographs and cost explanation with the accounting. Offer the applicable pre-move-out inspection so the tenant can address listed cleaning or repairs.
In 2026, return the deposit digitally if the tenant paid the deposit or any rent digitally, unless you both agree otherwise in writing. Emailing the itemized statement requires the tenant’s agreement; otherwise use the required personal delivery or mail. Unfinished work or missing invoices may allow a good-faith estimate, followed by the final accounting within 14 calendar days of completion or receipt. The DRE guide, printed pages 76–81, gives the photograph, inspection, receipt and delivery steps. Receipt exceptions do not erase the itemized-statement duty.
Explain liability and severability without promising full protection
If you use joint and several liability, explain it: each signing tenant may be responsible for the full rent, not just a roommate’s agreed share. Have the clause reviewed. Signing does not make every charge enforceable.
A severability clause asks that the lawful parts of the lease stand if an invalid term can be separated from them. It cannot make an illegal fee or waiver lawful. Tenants keep the rights the law gives them.
Assign upkeep and keep the owner’s habitability duties
In this clause you can spell out who handles what once the tenant moves in. Describe the tenant’s day-to-day upkeep duties and the repairs you keep as the owner. The lease cannot remove your core duty to keep the home fit to live in. Laying this out early heads off arguments later, and it lines up with the broader landlord responsibilities on the property checklist.
Be specific about yard maintenance, including agreed mowing, weeding and exterior cleaning, as well as trash and appliance care. Explain how a resident reports a leak or failed heating. Identify owner-supplied appliances and say they stay with the rental at move-out. Give an urgent-maintenance contact route as well as the routine one.
Civil Code §§1941, 1941.1 and 1942.1 govern important habitability and repair duties. An agreement allocating some work does not remove the owner’s responsibility to meet applicable housing codes. The DRE repairs discussion, printed pages 52–57, distinguishes tenant care, tenant-caused damage and the owner’s continuing obligations.
Limit entry to lawful purposes and notice methods
A right-of-entry clause should explain Civil Code §1954, not claim unrestricted access. Common permitted purposes include necessary or agreed repairs and services, qualifying showings, emergencies, a surrendered or abandoned unit and entry authorized by a court order. Ownership alone does not create a general inspection right.
For ordinary non-emergency entry, give reasonable advance written notice with the date, approximate time and purpose. Normally, enter during business hours. Twenty-four hours is a rebuttable presumption: the law usually treats it as reasonable, but the facts can show otherwise. Mailing at least six days before entry has a similar presumption. The DRE entry section, printed pages 48–50, explains delivery to the tenant or a suitable person at the unit, door placement and mail.
Advance notice is not required for an emergency, a surrendered or abandoned unit, or when the tenant is present and consents. An oral repair or service agreement must set the date and approximate time, with entry within one week. A tenant may agree to shorter notice or entry outside business hours.
To use oral notice for a purchaser showing, first give written notice that the home is for sale and you may arrange showings orally. That written notice must fall within 120 days before the oral notice. Give the showing’s date, approximate time and purpose; 24 hours is normally reasonable. Leave written evidence of entry, such as a business card. Business hours still apply unless the tenant agrees otherwise. Keep records and never use access to harass a resident.
Address occupants, guests, pets and use of the premises
List approved occupants and the process for requesting a household change. Separate that from a guest policy. Neither a two-week stay nor a one-month stay is a universal California rule that automatically makes someone a tenant or requires them to pay rent.
Check the property’s actual occupancy standards and fair-housing requirements before setting limits. Rules should not exclude families with children or prevent a necessary disability accommodation. The California Civil Rights Department’s housing guidance explains both familial-status protection and reasonable accommodations.
For ordinary pets, state the permission process and any proposed rent or deposit. A refundable pet deposit is part of security; recurring pet rent is not automatically the same thing as a deposit. Have counsel review how each charge actually operates and its effect on lawful rent. Necessary service and emotional-support animals are not pets, and residents cannot be charged pet rent or a pet deposit for them under the CRD guidance.
Explain permitted residential use, noise, waste handling, parking and HOA obligations. Do not assume every home-based activity can be prohibited without checking applicable law. A signed lease or certificate does not authorize an otherwise unlawful use or waive a resident’s protected rights.
Separate subleasing, assignment and early release
State whether subleasing or assignment needs permission and how to request it. A sublease lets someone else rent from the original tenant. An assignment transfers the tenant’s lease interest. Neither automatically releases the original tenant; put any release in writing. See the DRE guide, printed pages 50–52.
Do not add an automatic subleasing charge merely to discourage requests. Review the legal basis and actual purpose of any proposed charge. Check short-term rental permissions separately from permission to have a roommate or a longer-term subtenant.
Early-termination provisions should distinguish an ordinary breach, a negotiated release and a statutory termination right. A landlord cannot simply leave a unit empty and bill the former tenant for avoidable rent losses: California Courts explains reasonable efforts to find a new tenant. The relevant damages framework is Civil Code §1951.2. For the notice and eligibility questions, read when a tenant can legally break a lease in California.
Assemble disclosures and clear move-out instructions
Use a disclosure checklist tailored to the property. Common California items include manager and legal-notice contacts, bed-bug information, the statutory Megan’s Law notice, applicable flood information and Tenant Protection Act coverage or exemption notices. They do not all have the same trigger. Shared meters, pest-control contracts and other conditions can require additional information. The DRE lease and disclosure sections, printed pages 27–34, identify these issues.
For most covered housing built before 1978, the federal lead rule requires the approved pamphlet, known hazard information, available records and the warning/disclosure language before the tenant signs. Exceptions exist. Use the EPA’s guidance and issuing-agency forms, not an unverified form copied from another website. Missing a disclosure can have specific legal consequences; there is no universal rule that every omission invalidates a related lease clause.
Include cleaning expectations, key delivery, the move-out contact and how to request the applicable deposit inspection. Avoid a blanket promise that the tenant will fund a full renovation or professional cleaning regardless of actual condition. Before signing, read the agreement together, resolve blank or contradictory terms and retain the signed lease and all attachments. Civil Code §1962 requires a signed copy for the tenant within 15 days of execution, as the DRE guide explains.
Frequently asked questions
What clauses should a lease include?
Identify the parties, property and approved occupants; define the term, rent and payment methods; and explain deposits, lawful charges, upkeep, entry, pets, subleasing, renewal and move-out. Add the disclosures and property-specific rules that apply. A template is a starting point, not a substitute for reviewing the property’s law and circumstances.
Are lease clauses enforceable?
A signature does not make an unlawful term enforceable. Tenants keep statutory protections, and a severability clause does not cure an illegal charge or waiver. Have a qualified attorney review uncertain terms rather than relying on a promise that the document offers full protection.
What disclosures are required in a California lease?
The answer depends on the property and tenancy. Review manager and legal-notice contacts, bed-bug information, the Megan’s Law notice, applicable flood and Tenant Protection Act notices, and property-specific matters such as shared meters. Most covered pre-1978 housing also needs the federal lead disclosures before signing. Use the issuing agencies’ guidance and forms.
Sources
Agency and court sources checked October 7, 2026. California rules apply to California properties; federal lead and fair-housing requirements have their own scope. This article is general information, not legal advice.
- California DRE: 2026 tenant-landlord guide — tenancy, lease terms, disclosures, deposits, entry, repairs and subleasing; printed pages 23–57. Relevant Civil Code provisions include §§1947.3, 1950.5, 1954, 1962, 1941 and 1942.1.
- California Attorney General: landlord-tenant issues — Civil Code §§1947.12 and 1946.2, covered rent increases, just-cause protections and deposit duties.
- California Attorney General: security deposits — ownership-form and unit-count conditions; read with the current DRE guide and statute.
- Berkeley Rent Board: new state and local laws — statewide AB 12 ownership, family-trust and service-member conditions; Berkeley-only rules are not applied elsewhere.
- California CRD: housing discrimination — occupancy, disability accommodations and assistance animals.
- EPA: real-estate lead disclosures — covered housing, exceptions and official forms.
- California Courts: failure to mitigate damages — reasonable re-rental efforts following a lease breach; Civil Code §1951.2 is the relevant statutory framework.
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