Room Rental Agreement California: Free Lodger Template

Room Rental Agreement (California)

This Room Rental Agreement (“Agreement”) is made on [Date] for a room in a dwelling in California, between the Owner and the Renter named below.

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

Owner: [Full Legal Name]
Phone: [Phone] E-mail: [E-mail]

Renter: [Full Legal Name]
Phone: [Phone] E-mail: [E-mail]

Co-Renter (only if two people share the Room; see Section 2): [Full Legal Name, or “None”]
Phone: [Phone] E-mail: [E-mail]
If there is a Co-Renter, each Renter is jointly and severally liable for all obligations under this Agreement.

Person authorized to manage the dwelling: [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 dwelling]. ☐ Rent may be paid by electronic funds transfer using: [instructions].

The Owner will give the Renter a copy of this signed Agreement within 15 days after the Renter signs it.

2. Type of Arrangement (check one)

☐ Single lodger (Civ. Code § 1946.5). The Owner states that: (a) the Owner owns the dwelling, lives in it as the Owner’s residence and will continue to live there; (b) the Owner keeps a right of access to all areas of the dwelling, including the Room, and has overall control of the dwelling; and (c) the Renter is the only lodger in the dwelling, and no one else rents a room there. The Renter is a lodger as defined in Section 1946.5(c). This option requires a week-to-week or month-to-month term in Section 4 and no Co-Renter.

☐ Roomer or tenant. The Renter is a tenant because at least one of these applies:
☐ two or more people rent rooms in the dwelling, including a Co-Renter sharing the Room
☐ the Owner does not live in the dwelling
☐ the Owner does not keep access to the Room
☐ the person renting out the Room is not the owner but a tenant under a master lease dated [Date] with [Owner of the property]; the owner’s written consent to sublet is attached. In this last case, “Owner” in this Agreement means that person.

3. Room, Furnishings and Shared Areas

Dwelling address: [Street Address, City, California, ZIP]
Room: [Room identifier, e.g., “upstairs front bedroom”]
Furnishings in the Room: [List, or “None”]

The Renter may use these shared areas: ☐ Kitchen ☐ Bathroom (☐ private ☐ shared with the Owner ☐ shared with others) ☐ Living room ☐ Laundry ☐ Parking: [space] ☐ Storage: [location] ☐ Other: [describe].

Areas the Renter may not use: [e.g., Owner’s bedroom and office, garage].

4. Term (check one)

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

5. Rent

Rent: $[Amount] per ☐ month ☐ week, due in advance on [day].
First rent payment (prorated if the term begins mid-period): $[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 / other]. The Owner will accept at least one form of payment that is neither cash nor electronic funds transfer (§ 1947.3(a)(1)) and will not charge a fee for payment by check (§ 1947.3(b)). The Renter may also pay through a third party who signs the acknowledgment described in § 1947.3(a)(3).

6. Late Charge

The parties agree that it would be impracticable or extremely difficult to fix the Owner’s actual damages from late payment. If rent is not received within [Number] days after the due date, the Renter will pay a late charge of $[Amount], which the parties agree is a reasonable estimate of those damages (§ 1671(d)). No interest or daily charge will be added.

7. 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 rent payment and an application screening fee under § 1950.6, counts as part of the security deposit (§ 1950.5(b)). No part of the deposit is nonrefundable.

☐ [Small landlord only] The Owner is a natural person (including a settlor or beneficiary of a family trust) or an LLC whose members are all natural persons, and owns no more than two residential rental properties that together include no more than four dwelling units offered for rent. The deposit is $[Amount; no more than two months’ rent]. This option does not apply if the Renter is a service member (§ 1950.5(c)(5)).

The Owner will photograph the Room at the start of the tenancy, and again after the Renter moves out, both before and after any repairs or cleaning charged to the deposit (§ 1950.5(g)).

After either party gives notice to end this Agreement, the Owner will tell the Renter in writing that the Renter may request an initial inspection of the Room and be present at it. The inspection will take place no earlier than two weeks before the tenancy ends, and the Owner will give at least 48 hours’ written notice of its date and time unless both parties waive that notice in a signed writing (§ 1950.5(f)). The Owner’s written notice will contain the statement quoted in Section 12.

Within 21 days after the Renter vacates, the Owner will return the deposit, less lawful deductions for unpaid rent, damage beyond ordinary wear and tear, and cleaning needed to return the Room to its move-in level of cleanliness, with an itemized statement. Copies of receipts and the photographs will accompany any deduction for repairs or cleaning (§ 1950.5(h)).

If the Renter paid rent or the deposit electronically, the balance will be returned electronically to an account the Renter designates in writing, unless the parties agree in writing on another method, and after either party gives notice to end this Agreement the Owner will remind the Renter in writing of this right. ☐ The itemized statement may be e-mailed to: [E-mail]. If there is a Co-Renter, the balance will be returned ☐ by one check payable to both Renters ☐ as follows: [name, share and method for each Renter].

8. Utilities and Services

☐ All utilities are included in the rent.
☐ Included in the rent: [e.g., water, trash, internet]. The Renter pays [percentage or fixed amount] of [e.g., gas and electricity] within [Number] days after the Owner shows the bill.

Internet: ☐ Included ☐ Shared at $[Amount] per month ☐ Not provided

9. House Rules

• Quiet hours: [e.g., 10 p.m. to 7 a.m.].

• Guests: no guest may stay more than [Number] consecutive nights, or [Number] nights in a month, without the Owner’s written consent.

• Cleaning and kitchen use: [cleaning schedule, food storage, cooking hours].

• Keys and locks: the Owner provides [Number] keys. The Renter will not change or add locks without the Owner’s written consent.

• Alterations: no painting, nails, or other changes to the Room without the Owner’s written consent.

• Pets: ☐ No pets. ☐ Pets allowed: [type, number, rules]. Assistance animals are not pets.

• Smoking: smoking of cigarettes and other tobacco products is prohibited in the following areas of the property (§ 1947.5): ☐ the entire property ☐ inside the dwelling ☐ the Room ☐ porches, patios and yard ☐ other: [describe].

• Subletting: the Renter may not sublet the Room, assign this Agreement, or rent the Room for short-term stays.

10. Owner’s Access

☐ Single lodger. The Owner keeps a right of access to all areas of the dwelling, including the Room (§ 1946.5(c)). The Owner will give [24 hours’] notice before entering the Room, except in an emergency or when the Renter agrees at the time.

☐ Roomer or tenant. The Owner may enter the Room in an emergency, to make necessary or agreed repairs, supply services, show the Room, or conduct the initial move-out inspection, after reasonable written notice of the date, approximate time and purpose, and only during normal business hours. Twenty-four hours’ notice is presumed reasonable (six days if mailed). No notice is needed in an emergency, when the Renter consents at the time, or after the Renter has abandoned or surrendered the Room (§ 1954). The Owner will not abuse the right of access.

11. Repairs and Habitability

The Owner will keep the dwelling fit to live in, as Civil Code § 1941.1 requires, including the stove and refrigerator in the shared kitchen in good working order. The Renter will keep the Room clean, use fixtures properly, and report needed repairs in writing to the manager in Section 1. Report suspected bed bugs promptly in writing as described in the Bed Bug Notice.

☐ Renter’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 Renter may, with 30 days’ written notice, inform the Owner that the Renter no longer wishes to keep their own refrigerator in the unit, and at the end of the 30-day period the Owner will install a refrigerator in good working order.

12. Ending the Agreement

Single lodger. Either party may end this Agreement by written notice given at least as long before the end of a rental period as the rental period itself, but never more than 30 days. For a month-to-month term, either party may give 30 days’ written notice at any time (§ 1946). ☐ The parties agree that notice may be given at any time not less than 7 days before the end of the term. The notice will be served as Code of Civil Procedure § 1162 allows, or by certified or registered mail, restricted delivery, with a return receipt requested (§ 1946.5(a)). When the notice period ends, the Renter’s right to remain in the dwelling ends, and the Renter’s removal may follow under Penal Code § 602.3 or other law (§ 1946.5(b)). If the Renter has lived in the dwelling for one year or more, the Owner will give 60 days’ notice to be safe, because § 1946.1 may apply.

Roomer or tenant. The Renter may end a periodic tenancy by written notice at least as long as the rental period. The Owner will give at least 30 days’ written notice if the Renter has lived in the dwelling for less than one year, or 60 days if one year or more (§ 1946.1), and where § 1946.2 applies, will end the tenancy only for a just cause stated in the notice and, for a no-fault just cause, will provide the relocation assistance or rent waiver and the notice required by § 1946.2(d).

Fixed term. The tenancy ends on the end date in Section 4. If the Renter stays with the Owner’s consent, it continues month to month.

Any notice from the Owner will contain this statement: “State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”

The Owner will not charge a fee for serving, posting or delivering any notice (§ 1946(b)). At move-out, the Renter will remove all belongings, leave the Room as clean as at move-in, and return all keys. Property left behind will be handled under Civil Code § 1980 and following.

13. Tenant Protection Act Notice (check one)

☐ Exempt house or condominium (§§ 1947.12(d)(5), 1946.2(e)(8)). 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. The Owner also states that the dwelling is alienable separate from the title to any other dwelling unit.

☐ Covered by § 1946.2 (§ 1946.2(f)). 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.

☐ Otherwise exempt:
☐ certificate of occupancy issued within the last 15 years (§ 1947.12(d)(4))
☐ owner-occupied two-unit building, neither unit an ADU or JADU (§ 1947.12(d)(6))
☐ other: [state the exemption].

Just cause (§ 1946.2) does not apply to this Room because:
☐ the Renter shares a bathroom or kitchen with the Owner, who lives in the dwelling as a principal residence (§ 1946.2(e)(4))
☐ this is a single-family owner-occupied residence in which the Owner rents out no more than two units or bedrooms (§ 1946.2(e)(5)(A))
☐ other: [describe]
☐ not applicable.

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 Owner ☐ has ☐ does not have actual knowledge that the property is located in a special flood hazard area or an area of potential flooding. The Renter 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 Owner’s insurance does not cover the loss of the Renter’s personal possessions, and the Renter should consider purchasing renter’s insurance and flood insurance to insure possessions against fire, flood or other loss. The Owner is not required to provide additional information about flood hazards, and this information is deemed adequate to inform the Renter.

16. Mold

Before signing, the Renter received the California Department of Public Health booklet Information on Dampness and Mold for Renters in California (Health and Safety Code § 26148). Known mold or dampness conditions in the Room or shared areas: [Describe, or “None known”].

17. Lead-Based Paint

☐ The dwelling was built in 1978 or later.
☐ The dwelling was built before 1978, and no child under 6 lives or is expected to live in the dwelling. Federal rules treat the rental of an individual room as a 0-bedroom dwelling, which is outside the federal lead disclosure rule (40 CFR 745.103).
☐ The dwelling was built before 1978, and a child under 6 lives or is expected to live in the dwelling. The Owner has given the Renter the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties.

18. General Terms

Governing law: California. If any provision is unenforceable, the rest of this Agreement remains in effect.

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

☐ Attorney’s fees: in any action on this Agreement, the prevailing party recovers reasonable attorney’s fees (§ 1717).

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

19. Addenda

☐ Bed Bug Notice (below) ☐ Move-In Condition Report and Photos ☐ Additional House Rules ☐ Lead-Based Paint Disclosure ☐ Owner’s written consent to sublet and copy of the master lease ☐ Other: [describe]

Signatures

Owner: _________________________ Date: __________
Printed Name: _____________________________

Renter: _________________________ Date: __________
Printed Name: _____________________________

Co-Renter (if any): _________________________ 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]. Cooperation with inspection and treatment is important for prevention and control.

Before You Sign (Delete This Section)

• Lodger status is narrow. The single-lodger option works only if you own the home, live there, keep access to every room, and rent to one person. Renting to a second person, including a partner who moves into the Room, moving out, or giving up access makes the renter a tenant, and only a court eviction can remove a tenant.

• Never lock out a renter. Do not change the locks, remove doors, take belongings, or cut utilities to force anyone out. Civil Code § 789.3 allows actual damages, up to $100 for each day, at least $250 for each separate cause of action, and attorney’s fees to the prevailing party. A lodger’s removal goes through the police under Penal Code § 602.3, or through a court case.

• Police may decline. Not every police or sheriff’s department removes lodgers. Ask yours in advance. Keep the signed notice and a completed proof of service, which an officer will ask to see.

• Pick the right notice in Section 13. Sharing a kitchen or bathroom with you, or renting no more than two bedrooms in your own home, exempts the Room from just cause but not from the rent cap. To be exempt from the cap as a house or condo, the owner must not be a REIT, a corporation or an LLC with a corporate member, the home must be one that can be sold separately from any other unit (a house with an ADU or JADU on the same lot usually does not qualify), and the exemption notice must be in this Agreement. Use the covered notice only where § 1946.2 applies; its text promises just-cause rights.

• Stove and refrigerator. Since 1 January 2026, § 1941.1 requires a working stove and refrigerator in leases entered into, amended or extended, but exempts units in a facility with shared or communal kitchens. Whether a room in a home with a shared kitchen falls under that exemption is not settled; keep the kitchen appliances working either way. Check the refrigerator box only if the Renter asks to bring their own, and never make it a condition of renting.

• Before move-in: hand over the Bed Bug Notice and the CDPH mold booklet, take dated photos of the Room, and give the Renter a signed copy of this Agreement within 15 days.

• Check local law. Cities such as Los Angeles, San Francisco, Oakland and Berkeley have rent, eviction or registration ordinances that may treat rooms differently from state law.