California Residential Lease Agreement: Free Template and Civil Code Rules

Residential Lease Agreement (California)

This Residential Lease Agreement (“Lease”) is made on [Date] for a dwelling unit in the State of California between the Landlord and the Tenant(s) named below. It is governed by the California Civil Code, including Sections 1940 to 1954.605.

1. Parties and Required Contacts (Civ. Code § 1962)

Landlord (owner): [Full Legal Name or Entity Name]

Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] E-mail: [E-mail]
Each Tenant is jointly and severally liable for all obligations under this Lease.

Person authorized to manage the Premises: [Name], [Telephone], [Street address where personal service may be made].

Owner or person authorized to receive service of process and all notices and demands on the owner’s behalf: [Name], [Telephone], [Street address where personal service may be made].

Rent is payable to: [Name], [Telephone], [Address]. ☐ Rent may be paid in person on [days] between [hours]. ☐ Rent may be deposited to account [number] at [financial institution and street address, within five miles of the Premises]. ☐ Rent may be paid by electronic funds transfer using: [instructions].

2. Premises

Address: [Street Address, Unit, City, California, ZIP]
Type: ☐ Single-family home ☐ Condominium ☐ Apartment ☐ Duplex/triplex/fourplex unit ☐ Other: [Description]
Parking: [Assigned space(s), garage, or “None”] Storage: [Description, or “None”]
Furnishings and appliances included: [List]

3. Term

☐ Fixed term. Begins [MM/DD/YYYY] and ends on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY] and continues from month to month.

The Tenant may end a month-to-month tenancy by at least 30 days’ written notice (§ 1946). The Landlord will give at least 60 days’ written notice, or 30 days’ notice if the Tenant has lived in the Premises for less than one year (§ 1946.1), and, where the Tenant Protection Act applies, will end the tenancy only for a just cause stated in the notice (§ 1946.2). The Landlord will not charge a fee for serving, posting or delivering any notice (§ 1946(b)).

4. Rent

Monthly rent: $[Amount], due in advance on the [1st] day of each month.
First month’s rent (prorated if the Lease begins mid-month): $[Amount].
Rent discounts, incentives, concessions or credits, listed separately from the rent: [Describe, or “None”] (§ 1947.12(a)(1)).

Accepted forms of payment: [Check / money order / cashier’s check / online portal / other]. The Landlord will accept at least one form of payment that is neither cash nor electronic funds transfer (§ 1947.3). The Tenant may also pay through a third party who signs the acknowledgment described in § 1947.3(a)(3).

5. Late Payment Charge

The parties agree that it would be impracticable or extremely difficult to fix the Landlord’s actual damages from late payment. If rent is not received by the [5th] day of the month, the Tenant will pay a late charge of $[Amount], which the parties agree is a reasonable estimate of those damages (§ 1671(d)). Returned payment charge: $[Amount].

6. Security Deposit

Security deposit: $[Amount; no more than one month’s rent]. Any fee or charge collected at the start of the tenancy, other than the first month’s rent and a screening fee under § 1950.6, counts as part of the security deposit (§ 1950.5(b)).

☐ [Small landlord only] The Landlord is a natural person or an LLC whose members are all natural persons and owns no more than two residential rental properties with no more than four units in total; the deposit is $[Amount; no more than two months’ rent]. This option does not apply if the Tenant is a service member (§ 1950.5(c)(5)).

The Landlord will take photographs of the Premises at the start of the tenancy and after the Tenant moves out, before and after any repairs or cleaning charged to the deposit (§ 1950.5(g)). Before the end of the tenancy, the Landlord will notify the Tenant in writing of the right to request an initial inspection up to two weeks before move-out and to be present at it (§ 1950.5(f)).

Within 21 days after the Tenant vacates, the Landlord will return the deposit, less lawful deductions for unpaid rent, damage beyond ordinary wear and tear, and cleaning needed to return the unit to its move-in level of cleanliness, with an itemized statement (§ 1950.5(h)). If the Tenant paid rent or the deposit electronically, the balance will be returned electronically to an account the Tenant designates in writing, unless the parties agree otherwise in writing.

7. Occupants and Use

The Premises will be used only as a private residence by the Tenant(s) and these occupants: [Names, or “None”]. Guests may not stay more than [Number] consecutive nights without the Landlord’s written consent. The Tenant may not sublet or assign this Lease, or rent the Premises for short-term stays, without the Landlord’s prior written consent.

8. Utilities

Paid by the Landlord: ☐ Water ☐ Sewer ☐ Trash ☐ Gas ☐ Electricity ☐ Other: [Description]
Paid by the Tenant: all other utilities.

☐ Shared meter disclosure (§ 1940.9). The Tenant’s ☐ gas ☐ electric meter also serves areas outside the Tenant’s unit: [describe]. The parties agree that payment for that service will be handled as follows: [describe].

9. Repairs, Habitability and Appliances

The Landlord will keep the Premises in a condition fit for occupancy and meeting the standards of § 1941.1, including waterproofing, plumbing, hot and cold water, heating, electrical, clean common areas and garbage receptacles, and, for this Lease, a stove in good working order and a refrigerator in good working order (§ 1941.1(a)(10)-(11)). The Landlord will repair or replace a recalled stove or refrigerator within 30 days after notice of the recall.

☐ Tenant’s own refrigerator (optional). Under state law, the landlord is required to provide a refrigerator in good working order in your unit. By checking this box, you acknowledge that you have asked to bring your own refrigerator and that you are responsible for keeping that refrigerator in working order. The Tenant may, with 30 days’ written notice, inform the Landlord that the Tenant no longer wishes to keep their own refrigerator in the unit, and at the end of the 30-day period the Landlord will install a refrigerator in good working order.

The Tenant will keep the Premises clean and sanitary, use fixtures properly, and report needed repairs in writing to the manager in Section 1 [or through: [portal or e-mail]]. Report suspected bed bugs promptly in writing as described in the Bed Bug Notice.

10. Landlord’s Entry (Civ. Code § 1954)

The Landlord may enter to make necessary or agreed repairs, supply services, show the Premises to prospective tenants, buyers or lenders, or conduct the initial move-out inspection, after giving reasonable written notice of the date, approximate time and purpose of the entry, and only during normal business hours. Twenty-four hours’ notice is presumed reasonable (six days if the notice is mailed). No notice is needed in an emergency, when the Tenant consents at the time of entry, or after the Tenant has abandoned or surrendered the Premises. The Landlord will not abuse the right of access or use it to harass the Tenant.

11. Pets, Smoking and Rules

Pets: ☐ No pets. ☐ Pets allowed as stated in the Pet Addendum. Assistance animals are not pets.

Smoking of cigarettes and other tobacco products is prohibited in the following areas of the property (§ 1947.5): ☐ the entire property ☐ inside the unit ☐ common areas ☐ balconies and patios ☐ other: [describe].

12. Renter’s Insurance

The Landlord’s insurance does not cover the loss of the Tenant’s personal possessions. The Landlord recommends that the Tenant consider purchasing renter’s insurance and flood insurance. ☐ Renter’s insurance with at least $[Amount] liability coverage is required.

13. Tenant Protection Act Notice (check one)

☐ Covered property (§§ 1946.2(f), 1947.12(g)). California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.

☐ Exempt single-family home or condominium (§§ 1946.2(e)(8), 1947.12(d)(5)). This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.

☐ Otherwise exempt (for example, a certificate of occupancy issued within the last 15 years, or an owner-occupied duplex): [state the exemption]. Local rent stabilization or just cause ordinances may also apply.

14. Megan’s Law Notice (Civ. Code § 2079.10a)

Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which the offender resides.

15. Flood Hazard Disclosure (Gov. Code § 8589.45)

The Landlord ☐ has ☐ does not have actual knowledge that the property is located in a special flood hazard area or an area of potential flooding. The Tenant may obtain information about hazards, including flood hazards, that may affect the property from the Office of Emergency Services’ MyHazards tool at myhazards.caloes.ca.gov. The Landlord’s insurance does not cover the loss of the Tenant’s personal possessions, and the Tenant should consider purchasing renter’s insurance and flood insurance to insure possessions against fire, flood or other loss. The Landlord is not required to provide additional information about flood hazards, and this information is deemed adequate to inform the Tenant.

16. Lead-Based Paint and Other Disclosures

☐ The Premises were built in 1978 or later.
☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties.

Other disclosures attached, if applicable: ☐ Mold ☐ Pesticide use by a registered pest control operator ☐ Former military ordnance location within one mile ☐ Demolition permit applied for ☐ Other: [describe].

☐ [Landlords covered by § 1954.07] The Tenant has been offered the option of having positive rental payment information reported to a consumer reporting agency; the written election form is attached.

17. Default and Termination

If rent is unpaid, the Landlord may serve a written 3-day notice to pay rent or quit, counting days without Saturdays, Sundays and judicial holidays and stating the amount due and to whom, where and how rent may be paid (Code Civ. Proc. § 1161(2)). For other curable breaches, the Landlord may serve a 3-day notice to perform or quit (§ 1161(3)).

A Tenant who is, or whose household member is, a victim of domestic violence, sexual assault, stalking, human trafficking, elder or dependent adult abuse, or a crime causing bodily injury or death may terminate this Lease as provided in § 1946.7. A service member may terminate as allowed by federal law.

The Landlord will not retaliate against the Tenant, by increasing rent, decreasing services or seeking possession, for exercising rights under the Civil Code or complaining about habitability (§ 1942.5).

18. General Terms

Governing law: California. If any provision is unenforceable, the rest of this Lease remains in effect. The Landlord will give the Tenant a copy of this signed Lease within 15 days after the Tenant signs it (§ 1962(a)(4)).

If this Lease was negotiated primarily in Spanish, Chinese, Tagalog, Vietnamese or Korean, the Landlord has provided a translation in that language before signing (§ 1632).

Attorney’s fees: if this Lease awards attorney’s fees to one party, the prevailing party in any action on the Lease recovers reasonable attorney’s fees (§ 1717).

Entire agreement: this Lease and its addenda are the entire agreement. Changes must be in writing and signed by both parties.

19. Addenda

☐ Bed Bug Notice (§ 1954.603; required before a new tenancy) ☐ Lead-Based Paint Disclosure ☐ Pet Addendum ☐ Move-In Photos and Condition Report ☐ Positive Rent Reporting Election ☐ Rent Stabilization Ordinance Notice ☐ Other: [describe]

Signatures

Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Bed Bug Notice (Civ. Code § 1954.603)

Information about Bed Bugs

Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.

Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.

Bed bugs can survive for months without feeding.

Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.

Common signs and symptoms of a possible bed bug infestation:

• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.

• Molted bed bug skins, white, sticky eggs, or empty eggshells.

• Very heavily infested areas may have a characteristically sweet odor.

• Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.

For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.

Reporting procedure: Report suspected bed bugs promptly, in writing, to [name, address, e-mail or portal]. Cooperation with inspection and treatment is important for prevention and control.