Lease agreement California rules give you more protection than most renters realize. Before you sign, you should know what a lease agreement California landlords hand you has to include. You should also know which clauses the law treats as void, even after you sign. This guide covers both. It also gives you a sample letter asking the landlord to fix problem terms before you sign.
When and Why to Check a Lease Agreement California Landlords Offer
The best time to read a lease closely is before you sign it. Once you sign, the legal terms bind you for the whole lease term. However, a clause that breaks state law is not enforceable, even if you signed it. For example, a lease agreement California landlords write cannot make you give up your right to a livable home. Civil Code 1942.1 generally voids that kind of waiver.
Renewals need the same care. Landlords often add new fees or rules at renewal time. In a renewed lease agreement California law still sets the minimum protections, so read it line by line. Typically, you can ask for changes before you sign. Asking politely and in writing is not illegal, and it creates a record.
Many California tenants are also covered by the Tenant Protection Act. It limits yearly rent increases to 5% plus local inflation, with a 10% maximum. It also requires “just cause” for most evictions. If your unit is covered, the lease must include a notice saying so. If the landlord claims your unit is exempt, the lease must include a written exemption notice for many single-family homes.
What a Lease Agreement California Must Include (and Red Flags to Leave Out)
Every lease agreement California landlords use must list the name, phone number, and address of the owner or manager. Under Civil Code 1962, it must also say who accepts rent, how, and where. It must name someone who can accept legal notices. The landlord must give you a copy of the signed lease within 15 days. A lease longer than one year must be in writing.
Look for these required disclosures:
- Lead-based paint warning for housing built before 1978 (federal law).
- Bed bug information (Civil Code 1954.603).
- Flood hazard notice, if the unit is in a flood zone.
- Shared utility meters, if you pay for common areas.
- Known mold that exceeds safe limits.
- Smoking policy for the property.
- A translated copy if you negotiated mainly in Spanish, Chinese, Tagalog, Vietnamese, or Korean (Civil Code 1632).
Also, for leases signed or renewed on or after January 1, 2026, the landlord generally must provide a working stove and refrigerator. In most cases, you and the landlord can agree in writing that you’ll bring your own refrigerator.
A lease agreement California landlords use should not contain these red flags:
- A “nonrefundable” deposit or cleaning fee. California bans these.
- A deposit above one month’s rent. Small landlords with two or fewer properties and four or fewer units may charge two months.
- Entry “at any time.” The landlord generally must give 24 hours’ written notice (Civil Code 1954).
- Cash-only rent. Landlords must accept at least one other payment method (Civil Code 1947.3).
- Waivers of your right to sue, to a jury trial, or to repairs. Civil Code 1953 voids them.
- Huge late fees. A late fee must be a reasonable estimate of the landlord’s actual loss.
Deposit limits in a lease agreement California landlords write are stricter than in many states. Here is how California compares:
| State | Deposit cap | Deadline to return deposit |
|---|---|---|
| California | 1 month’s rent (2 months for qualifying small landlords) | 21 days |
| New York | 1 month’s rent | 14 days |
| Texas | No cap | 30 days |
| Florida | No cap | 15 days (30 days to send notice of a claim) |
| Washington | No cap | 30 days |
Sample Template You Can Adapt
Use this letter when a lease agreement California landlords send you has a problem clause. Send it before you sign any lease agreement California landlords offer, or before a renewal.
Sample template – adapt to your state and your situation. This is an informational sample, not legal advice.
[Your Name]
[Your Current Address]
[Your Phone / Email]
[Date]
[Landlord or Property Manager Name]
[Landlord Address]
Re: Requested changes to proposed lease for [Property Address, Unit #]
Dear [Landlord Name],
Thank you for sending the proposed lease dated [Lease Date]. I am interested in renting the unit. Before I sign, I am asking for the following changes:
1. Section [number], “[quote the clause].” This appears to conflict with California Civil Code [section number]. I ask that it be [removed / changed to: (your proposed wording)].
2. Section [number], “[quote the clause].” I ask that it be [removed / changed to: (your proposed wording)].
📨 Get Free Tenant Rights Guides Alerts
Free · No spam · Unsubscribe anytime
3. The lease does not include [missing item, e.g., the name and address for legal notices / the bed bug disclosure / the Tenant Protection Act notice]. Please add it.
Please send me a revised copy by [Date]. I am glad to discuss any of these points. Once the lease is signed, please give me a fully signed copy within 15 days, as Civil Code 1962 requires.
Sincerely,
[Your Name]
How to Send It So It Counts
Put every request about a lease agreement California landlords offer in writing. Email works well before signing because it has a timestamp. For renewals or disputes, send it by certified mail with return receipt too. As a result, you have proof of what you asked for and when.
Keep a copy of the signed lease agreement California law requires the landlord to give you. Save every email, text, and receipt in one folder. Take dated photos of the unit at move-in. Since 2025, landlords must also take photos at move-in and before and after repairs. Those photos help protect your deposit later.
If a landlord refuses to fix an illegal clause, you may still be protected by law. However, it can be safer to keep looking. You can find free help through LawHelpCA or your county court’s self-help center.
Frequently Asked Questions
Can my landlord make me agree to handle all repairs?
In most cases, no. You cannot waive the landlord’s duty to keep the unit livable. A clause saying otherwise is generally void, even if you signed it.
Does a lease agreement California renters sign have to be in writing?
Only leases longer than one year must be in writing. A shorter oral lease agreement California courts may still enforce, but it is much harder to prove. Always ask for the terms in writing.
What if my lease says the deposit is nonrefundable?
California law says all deposits are refundable, minus lawful deductions. You may be able to recover a bad-faith withholding plus a penalty of up to twice the deposit. Check with a local legal-aid office for help.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
See Tenant Rights in All 50 States →
Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
California Renter Guides
- California Eviction Process
- California Tenant Rights
- California Security Deposit Law
- California Rent Increase Laws
- California Repairs and Habitability
- Breaking a Lease in California
Related Guides
- Tenant Rights by State (50-State Guide)
- More in This Category
- Tenant Scenarios — What to Do When…
- Notices, Letters & Documents
- Comparison Guides
- Tenant Rights Legal Glossary
Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.