Here are the essential items that should be included in a residential lease agreement in California

The following are some items that both tenants and landlords should consider including in the lease. At a minimum, both parties should understand what each of these mean.

For more about leases in general, see our full Guide to Residential Leases in California.

1. Names of All Parties

• Full legal names of all adult tenants and the landlord or property manager.

2. Property Description

• Full address of the rental property, including unit number and any included parking/storage areas.

3. Lease Term

• Start and end dates (if fixed-term lease)
• Month-to-month arrangement, if applicable
• Renewal and termination procedures

4. Rent Amount and Payment Terms

• Monthly rent amount
• Due date and acceptable payment methods
• Prorated rent for move-in or move-out mid-month

5. Late Fees and Grace Periods

• Amount of late fee or formula for calculation
• Number of grace days before a fee is assessed

6. Security Deposit

• Amount (maximum: 2 months’ rent for unfurnished, 3 months’ for furnished)
• Conditions for lawful deductions
• Return timeframe (within 21 days of move-out)

7. Utilities and Services

• Who pays for each utility (e.g., electricity, water, trash, sewer, gas, internet)
• Any shared utility arrangements

8. Occupancy Limits

• Maximum number of occupants
• Can be restricted to listed individuals only, unless landlord provides written consent

9. Maintenance and Repairs

• Responsibilities of landlord vs. tenant (subject to CA laws)
• Procedures for requesting repairs
• Expectations for cleanliness and upkeep

10. Alterations and Improvements

• Whether tenant may paint, modify, or install fixtures
• Requirement to restore the unit to original condition

11. Right of Entry

• 24-hour written notice requirement
• Permitted reasons for entry (e.g., inspections, repairs, showings)
• Exceptions for emergencies

12. Insurance Requirements

• Whether renter’s insurance is required
• Minimum coverage limits

13. Smoking Policy

• Whether smoking is allowed
• If allowed, where (e.g., only outside or in designated areas)

14. Pet Policy

• Whether pets are allowed
• Types, breeds, size limits, and number of pets
• Pet deposit or pet rent requirements
• Rules regarding pet behavior and waste disposal

15. Subleasing and Assignment

• Whether subletting is permitted
• Requirements for landlord approval
• Conditions for assigning (transferring) the lease

16. Move-In/Move-Out Inspection

• Agreement to conduct walkthrough inspections
• Use of a condition checklist
• Rights of tenant to be present during inspection

17. Default and Remedies

• Definition of lease violations (e.g., unpaid rent, unauthorized occupants)
• Consequences of default
• Notice and cure provisions
• Landlord’s legal remedies

18. Disclosures and Addenda (as required by California law)

• Lead-based paint disclosure (pre-1978 buildings)
• Mold, bed bug, and pest control disclosures
• Proposition 65 warnings
• Local rent control or just cause eviction rules (if applicable)

19. Legal and Dispute Resolution Clauses

• Governing law and jurisdiction
• Requirement for mediation or arbitration, if any
• Attorney’s fees in the event of legal action

20. Waiver Clause

• Statement that a landlord’s failure to enforce any part of the lease is not a waiver of the right to enforce it later

21. Attachments and House Rules

• Reference to any additional documents (e.g., HOA rules, property-specific policies, parking agreements)
• Confirmation that these are part of the lease

Further Resources

Guide to Residential Leases in California

Get Legal Help in California

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