A California residential lease agreement is more than just a contract between landlord and tenant—it's a legally binding document that must comply with numerous state laws and regulations. California has some of the most extensive disclosure requirements in the nation, and failure to include required provisions can result in unenforceable lease terms, penalties, or liability in disputes.
California law mandates numerous disclosures that must be provided to tenants before or at the time of lease signing. Missing even one can create legal complications.
For any property built before 1978, federal and California law require disclosure of known lead-based paint hazards. You must provide the EPA pamphlet "Protect Your Family From Lead in Your Home," disclose any known lead paint or hazards, and give tenants 10 days to conduct a lead inspection if they choose. The disclosure form must be signed by both parties and kept for three years.
Every California lease must include notice that information about registered sex offenders is available from local law enforcement and on the California Department of Justice website (meganslaw.ca.gov). This is typically a standard paragraph included in most California lease forms.
California Civil Code Section 1942.5 requires landlords to provide written information about bed bugs, including their behavior, biology, and signs of infestation. You must also disclose any known bed bug infestation history within the past year. This disclosure must be in writing and provided before move-in.
If permits for demolition have been obtained or an application is pending, you must disclose this before the tenant signs the lease. Failure to disclose can make lease provisions unenforceable.
If the property is located in a special flood hazard area or an area of potential flooding, you must disclose this in writing. This applies to properties identified by FEMA flood maps or local authorities.
If you have a contract for periodic pest control services, you must provide the tenant with written notice that includes the company name, pesticides used, and active ingredients. This must be provided before the lease is signed.
If the property is within one mile of a former military ordnance location (where explosives were used or stored), this must be disclosed. This applies to certain areas near former military bases.
California requires landlords to disclose their smoking policy in writing. This must specify where smoking is prohibited (inside units, common areas, balconies, etc.) and indicate if smoking is permitted anywhere on the property. If there's no disclosure, smoking may be prohibited by default in many situations.
Tenants have the right to request utility cost information for the unit. If utilities are not included in rent, you must notify tenants that they can request the previous 12 months of utility costs for the specific unit.
You must disclose any knowledge of the presence of hazardous substances on or near the property. This includes contamination from nearby industrial sites, gas leaks, or other environmental hazards. If gas is provided as a utility, disclose the existence of gas appliances and any known issues.
California law (Civil Code Section 1710.2) requires disclosure of any death on the property within the past three years if the prospective tenant asks directly. You're not required to proactively disclose deaths, but you cannot lie if asked. Deaths from AIDS are never required to be disclosed.
If the dwelling unit shares utilities with other units or common areas, you must disclose this arrangement in writing. Explain how costs are allocated and what the tenant's share will be based on.
If your property is subject to AB 1482 (California's rent control and just cause eviction law), specific disclosures are required in the lease:
If your property is exempt from AB 1482 (certain single-family homes, new construction within 15 years, etc.), you must provide written notice of the exemption using specific statutory language. This notice must be provided as an addendum to the lease and include the phrase: "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."
Critical: If you fail to provide this exemption notice, your property may be treated as covered by AB 1482 by default, even if it would otherwise qualify for exemption.
Beyond required disclosures, your California lease agreement should include clear provisions covering all aspects of the tenancy.
California has strict security deposit rules that must be reflected in your lease:
Clearly define who may occupy the unit and guest policies. Be careful not to create occupancy standards that could violate fair housing laws (which generally allow two people per bedroom plus one). Specify that long-term guests (typically 14+ consecutive days or 30 days in a year) must be added to the lease.
California law places habitability requirements on landlords that cannot be waived by lease. Your lease should clarify:
If you allow pets, your lease should clearly state the pet policy. If you don't allow pets, say so explicitly.
Important: Service animals and emotional support animals (ESAs) are not pets under California and federal fair housing laws. You cannot charge pet deposits or pet rent for these animals, cannot deny them based on breed/size restrictions, and cannot require them to be registered with any service. You may request documentation of disability-related need for ESAs but cannot ask about the nature of the disability.
California Civil Code Section 1954 governs landlord entry rights. Your lease should reflect these legal requirements:
California law voids certain lease provisions, even if the tenant signs agreeing to them:
Beyond the main lease, consider including these addendums for additional protection and clarity:
Documents property condition at start and end of tenancy to support security deposit deductions.
For properties in HOA communities, attach CC&Rs and specify tenant compliance requirements.
If the property has a pool or spa, outline safety rules, maintenance responsibilities, and liability.
While not required, mold disclosures and prevention responsibilities are recommended.
Specifies assigned parking spaces, guest parking rules, and vehicle requirements.
FCC rules limit restrictions on satellite dishes; this addendum sets installation guidelines.