Last updated: October 2026
A California residential lease has to contain more than the parties, the rent, and the term. State law requires a series of disclosures depending on the property’s age, location, and history, and omitting one carries consequences whether or not the tenancy ever goes wrong. A lease also cannot waive the protections tenants hold by statute, and a clause attempting it is generally unenforceable. Bay Legal, P.C. drafts and reviews residential leases for California landlords and tenants.
Definition: A residential lease is a written agreement granting the right to occupy a dwelling for a stated term, subject to statutory requirements a lease cannot override.
What disclosures must a California lease contain?
Which apply depends on the property. The recurring ones:
| Disclosure | When it applies | Authority |
|---|---|---|
| Lead-based paint | Housing built before 1978 | Federal — EPA and HUD rule |
| Megan’s Law database notice | Every residential lease | Civ. Code § 2079.10a |
| Bed bug information | Every residential lease | Civ. Code § 1954.603 |
| Mould | Where the landlord knows of mould exceeding permissible limits | Health & Saf. Code § 26147 |
| Flood hazard | Property in a designated flood area | Gov. Code § 8589.45 |
| Demolition permit | Where a permit has been applied for | Civ. Code § 1940.6 |
| Shared utility meter | Where the tenant’s meter serves other areas | Civ. Code § 1940.9 |
| Pest control treatment | Where a contract for periodic treatment exists | Civ. Code § 1940.8 |
| Death on the premises | Any death within the previous three years | Civ. Code § 1710.2 |
| Military ordnance | Property within one mile of a former ordnance location | Civ. Code § 1940.7 |
| Smoking policy | Where smoking is limited or prohibited | Civ. Code § 1947.5 |
| Tenant Protection Act exemption | Properties claiming exemption from rent caps and just cause | Civ. Code § 1946.2 |
The exemption notice is the one landlords lose most by omitting. A single-family home or condominium with a non-corporate owner can be exempt from the Tenant Protection Act’s rent cap and just cause requirements — but the exemption depends on giving the tenant written notice in the form the statute requires. Without it, the property is treated as covered, and an owner who has been raising rent on the assumption of exemption has been doing so unlawfully. Civil Code section 1946.2 sets out the requirement.
One further requirement catches out landlords in multilingual markets. Under Civil Code section 1632, where a lease was negotiated primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, the landlord must provide a translation of the agreement before signature. Failing to do so can give the tenant a right to rescind.
What can a lease not do?
Several terms are unenforceable however clearly they are drafted and however willingly the tenant signed.
- Waive habitability. The implied warranty under Civil Code section 1941.1 cannot be contracted away, and a clause purporting to do so is void.
- Make a deposit non-refundable. No portion of a security deposit may be described as non-refundable under Civil Code section 1950.5, including cleaning or pet fees framed as separate charges.
- Exceed the deposit cap. One month’s rent in most tenancies since AB 12 took effect on 1 July 2024, regardless of furnishing.
- Waive the right to a jury trial in advance. Pre-dispute jury waivers in leases are generally unenforceable in California.
- Authorise self-help. A lease cannot permit a landlord to change locks, remove belongings, or cut utilities. Those remain unlawful whatever the document says.
- Waive retaliation protection or the tenant’s right to complain to a public agency.
A lease containing unenforceable terms is not usually void as a whole, but each such clause is a point the tenant can raise later — and a landlord relying on one in an eviction action generally loses that ground.
Lease or rental agreement — which do you want?
| Fixed-term lease | Month-to-month rental agreement | |
|---|---|---|
| Term | Stated period, commonly six or twelve months | Renews each month until terminated |
| Rent changes | Fixed for the term unless the lease provides otherwise | May be changed on notice, subject to any applicable cap |
| Ending it | Runs to the end date; early exit is a breach unless permitted | Either party may end it on statutory notice |
| Notice to terminate | Generally none required at expiry, subject to just cause | 30 days under a year, 60 days at a year or more, subject to just cause |
| Suits | Stability for both sides | Flexibility, at the cost of predictability |
Notice periods for month-to-month tenancies are set by Civil Code section 1946.1. At properties covered by the Tenant Protection Act, notice alone is not enough — a stated just cause is also required once the tenant has occupied for the qualifying period, which limits the flexibility a month-to-month arrangement appears to offer.
What should the lease actually say?
- The parties and the premises, precisely. Everyone who will occupy, and what is included — parking, storage, appliances.
- Rent, due date, and late charges. A late fee must be a reasonable estimate of the landlord’s loss rather than a penalty, or it is vulnerable.
- The deposit, within the cap, with the return mechanics stated and nothing described as non-refundable.
- Maintenance and repair responsibilities, subject to the habitability floor the lease cannot lower.
- Entry, consistent with the notice requirement in Civil Code section 1954.
- Occupancy, pets, subletting, and alterations, with assistance animals treated separately from pets under fair housing law.
- All applicable disclosures, attached or incorporated, with acknowledgement of receipt.
- Termination and renewal, including holdover treatment and what notice is required from each side.
Who drafts residential leases at Bay Legal?
Clarence Olson practises in real estate and landlord-tenant law. Managing attorney Jayson R. Elliott advises on property-holding structures and lease terms as part of the firm’s business practice. Lead litigation attorney Evan Livingstone heads the litigation group where a lease is later disputed.
Bay Legal, P.C. advises both landlords and tenants, though not both sides of the same matter, and serves clients statewide from offices in Palo Alto and Los Angeles. Local ordinances in San Francisco, Oakland, Berkeley, Los Angeles, and Santa Monica add their own requirements, and the applicable ordinance is identified before a lease is drafted.
Frequently Asked Questions
What disclosures must a California residential lease include?
It depends on the property, but the recurring ones are lead paint for pre-1978 housing, the Megan’s Law database notice, bed bug information, mould where known, flood hazard in designated areas, deaths on the premises within three years, and the smoking policy. Properties claiming exemption from the Tenant Protection Act must also give the exemption notice.
What happens if a required disclosure is missing?
Consequences follow independently of any dispute, and they vary by disclosure — from penalties to a tenant’s right to rescind. The costliest omission is the Tenant Protection Act exemption notice: without it the property is treated as covered, so an owner who has been raising rent assuming exemption has been doing so unlawfully.
Can a lease say the security deposit is non-refundable?
No. Civil Code section 1950.5 prohibits describing any portion of a deposit as non-refundable, including cleaning or pet fees framed as separate charges. The deposit is also capped at one month’s rent in most tenancies since AB 12 took effect on 1 July 2024, regardless of whether the unit is furnished.
What is the difference between a lease and a rental agreement?
A fixed-term lease runs for a stated period with rent fixed for the term. A month-to-month rental agreement renews until terminated, and rent may change on notice subject to any applicable cap. At properties covered by the Tenant Protection Act, ending a month-to-month tenancy still requires a stated just cause.
Can a tenant agree to waive their rights in the lease?
Generally not. Habitability, the deposit rules, retaliation protection, and the bar on self-help cannot be waived, and a clause attempting it is unenforceable however clearly drafted. A landlord relying on such a clause in an eviction action usually loses that ground.
Does the lease have to be translated?
If it was negotiated primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, yes. Civil Code section 1632 requires the landlord to provide a translation before signature, and failing to do so can give the tenant a right to rescind the agreement.
Related Questions
Does a lease have to be in writing?
For a term over one year, yes, under the statute of frauds. Shorter tenancies can be oral and are enforceable, but proving the terms becomes the dispute and the required disclosures still apply.
Can a landlord charge whatever late fee they like?
No. A late fee must be a reasonable estimate of the loss caused by late payment rather than a penalty, and an excessive one is vulnerable to challenge.
What happens when a fixed-term lease expires?
It commonly converts to month-to-month unless the lease says otherwise. Just cause requirements can still apply, so expiry is not by itself a route to possession at a covered property.
Can I add a co-tenant later?
Only as the lease provides. Adding an occupant without consent is a common ground for a cure notice, so the addition should be documented rather than assumed.
Talk to a California landlord-tenant attorney
Most lease problems are drafting problems discovered late, and the disclosure list changes most legislative sessions. To have a residential lease drafted or reviewed, call the office nearest you or email intake.
Bay Legal, P.C. — serving California statewide
Northern California office
667 Lytton Ave Ste 3, Palo Alto, CA 94301
(650) 668-8000
Southern California office
3211 Cahuenga Blvd W Ste 212, Los Angeles, CA 90068
(213) 668-8000
Intake: intake@baylegal.com
Fax: (650) 963-0041
Website: https://baylegal.com
This page is general information about California law and does not constitute legal advice or create an attorney-client relationship. Disclosure requirements and local ordinances change and vary by city. For advice on your specific situation, contact a licensed California attorney.