Two ways to rent in California
The same free builder makes both — pick the one that fits and the agreement adapts automatically.
Standard Residential Lease Agreement
A fixed-term lease with set start and end dates (usually one year) — best for a long-term tenant.
Create a fixed-term leaseMonth-to-Month Rental Agreement
A flexible tenancy that renews each month and ends with proper written notice from either party.
Create a month-to-month agreementOverview
Renting out a home in California? A residential lease agreement is the contract that protects both sides — it sets the rent, the term, the deposit, and the rules the landlord and tenant agree to, and it's your proof of what was agreed if a dispute ever comes up. California residential tenancies are governed mainly by the Civil Code, including the security-deposit rules in Section 1950.5 and the hiring-of-real-property provisions in Sections 1940 through 1954.6.
Californialease rules & requirements
Security deposit
Since AB 12 took effect, a California security deposit is capped at one month's rent, furnished or unfurnished. A narrow exception lets a small landlord — a natural person, or an LLC owned only by natural persons, who owns no more than two residential properties totaling no more than four units — collect up to two months' rent. The deposit, or an itemized statement of deductions plus any balance, must be returned within 21 calendar days after the tenant moves out; if deductions top $125, copies of receipts or invoices must be included.
Late fees
California has no statute setting a specific late-fee cap, so any late fee must be a reasonable estimate of the landlord's actual costs from the late payment — it cannot be a penalty. The fee should be stated in the lease, and courts can strike a charge that is unreasonably high.
Landlord entry & notice
Under Civil Code Section 1954, a landlord must give the tenant reasonable written notice before entering for non-emergency reasons, and 24 hours is presumed reasonable. The notice states the date, approximate time, and purpose, and entry must be during normal business hours absent the tenant's agreement otherwise.
Required disclosures
California requires several disclosures: the federal lead-based-paint disclosure for homes built before 1978, the Megan's Law (registered sex offender database) notice in every lease, a bedbug information disclosure, notice if anyone died in the unit within the past three years, and disclosure if the unit's gas or electric meter also serves other areas. As of January 2026, all mandatory fees must be disclosed up front, and a signed copy of the agreement must be provided to the tenant within 15 days.
Ending the lease
A fixed-term lease ends on its end date. To end a month-to-month tenancy, the tenant gives at least 30 days' written notice; a landlord gives 30 days if the tenant has lived there less than a year, or 60 days once the tenancy has lasted a year or more. Just-cause rules under the Tenant Protection Act may also apply to many longer tenancies.
Does it need notarizing?
No. A California residential lease doesn't need to be notarized or witnessed — it's binding once the landlord and tenant(s) sign. Each party should keep a signed copy.
This is general information, not legal advice. Confirm the current rules under California Civil Code 1950.5 and 1940-1954.6.
How to write a California lease agreement
- 1
Choose the lease type — a fixed-term lease (set start and end dates) or a month-to-month tenancy.
- 2
Add the property details and the landlord's and tenant(s)' full legal names and addresses.
- 3
Set the monthly rent, the due date, accepted payment methods, and any reasonable late or NSF fees.
- 4
Set the security deposit (one month's rent for most landlords) and when it's returned, plus any pet, parking, smoking, or utility terms.
- 5
Add the required disclosures — lead-based paint for pre-1978 homes, the Megan's Law notice, bedbug information, and any others that apply — plus your house rules.
- 6
The landlord and every tenant sign and date the lease — and each keeps a copy.
Ready to create your California lease agreement?
Fill the form, watch it build live, and download the PDF — free, no signup.
Open the free builderWhat to include
- Landlord & tenant(s) — names and addresses
- Property, lease type & term
- Rent — amount, due date & payment methods
- Security deposit, late & NSF fees
- Pets, parking, smoking & utilities
- Disclosures & signatures
California lease agreement FAQ
Does a California residential lease need to be notarized?
No. A residential lease in California doesn't have to be notarized or witnessed. It's legally binding once the landlord and tenant(s) sign it.
Is there a limit on the security deposit in California?
Yes. As of AB 12, the deposit is capped at one month's rent. A small landlord (a natural person or an LLC of natural persons owning no more than two properties with up to four units total) may collect up to two months' rent.
How long does a California landlord have to return the deposit?
21 calendar days after the tenant moves out. The landlord must send the deposit or an itemized statement of deductions plus any balance, and include copies of receipts or invoices when deductions exceed $125.
How much can a late fee be in California?
California sets no fixed cap, but the fee must be reasonable — a genuine estimate of the landlord's costs from the late payment, not a penalty. It should be written into the lease, and an excessive charge can be struck down.
How much notice ends a month-to-month lease in California?
A tenant gives at least 30 days' written notice. A landlord gives 30 days if the tenant has lived there under a year, or 60 days once the tenancy has lasted a year or more, and just-cause rules may apply.
Does the landlord have to give notice before entering in California?
Yes. Under Civil Code Section 1954, the landlord must give reasonable written notice for non-emergency entry, and 24 hours is presumed reasonable. Entry must be during normal business hours.
What must a California lease disclose?
The federal lead-based-paint disclosure for pre-1978 homes, the Megan's Law notice, a bedbug disclosure, any death in the unit within three years, shared utility metering, and (from 2026) all mandatory fees up front, with a signed copy delivered within 15 days.
Is this California lease agreement really free?
Yes — completely. Fill it in, preview it live, and download the PDF with no signup, no credit card, and no watermark. Unlike sites that charge a fee or push a subscription to download, there's nothing to pay here.