The California residential lease agreement (“rental agreement”) is a binding agreement between a landlord (“property owner”) and tenant (“occupant”) to rent residential property in exchange for rent payment. Governed by California’s landlord-tenant law, the contract has terms and conditions describing the duties of each party.
California Lease Agreement Disclosures
The following disclosures are either required for some or all residential lease agreements in California.
Disclosure | Applicable to |
---|---|
Meth & Fentanyl | All Units with Known Drug Contamination |
Mold | All Units with Known Mold |
Sex Offender Registry | All Units |
Demolition Permit | All Units with Planned Demolition |
Military Ordnance | All Units Within 1 Mile of Testing Site |
Death | All Units with a Death |
Pest Control | All Units with Pesticides Applied |
Share Utility Meters | All Units with a Shared Utility Meter |
Bed Bugs | All Units |
Flood Zone | All Units in a Flood Zone |
Smoking Policy | All Units with a Smoking Policy |
Lead Paint | All Units Built Prior to 1978 |
Methamphetamine & Fentanyl Contamination Disclosure
Applicable to any property where the landlord has knowledge of a possible drug contamination AND remediation has not completed in California.
In California, any knowledge relating to methamphetamine and fentanyl manufacturing, use, or storage is legally required to be disclosed in a rental agreement. If the property is deemed to be contaminated, the landlord must include a copy of any notices received relating to methamphetamine or fentanyl contamination. They must also inform prospective tenants in the rental agreement about ongoing remediation efforts before the agreement is signed, and the tenant must agree to the notice before moving in. A notice from a local health officer shall deem the property as uncontaminated and no further action is required.
If contamination does occur, the landlord is required to pursue decontamination prior to the commencement of the lease term to ensure the safety of the tenant. Concentration levels of less than 1.5 μg/100 cm2 must be reached before the property is considered safe to live.
Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.
This property:
[ ] Is contaminated above safe levels and is in the process of decontamination.
[ ] Is contaminated, but falls within safe levels after tests were conducted.
[ ] Has no suspicion of contamination.
Download: California Methamphetamine Disclosure Form (PDF)
Mold Disclosure
Applicable to any units with known mold that may pose a health threat in California.
In California, landlords must provide a mold disclosure when there is a known presence or a reasonable cause to believe that there is toxic mold (either visible, invisible, or hidden) or has a high chance of it forming. This disclosure must be provided alongside or on the lease agreement itself unless the mold was remediated to safety guidelines implemented by California. It may also be included in the absence of known mold as a safety precaution for tenants and to minimize landlord liability.
The landlord should distribute a consumer-oriented booklet from California’s Department of Health Services before a tenant enters a rental agreement.
Download: California Mold Disclosure Form (PDF)
Sex Offender Registry Notice
Applicable to all rental units in California.
In the state of California, prospective tenants and citizens alike have access to information relating to the sex offender registry. This is known as Megan’s Law Disclosure. As an effort to protect tenants, this must be disclosed in every rental agreement. An example of a section to be included in the rental agreement would be:
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.
Demolition Permit Disclosure
Applicable to any property with plans for demolition that will affect tenancy in California.
If a landlord has intentions to demolish a rental unit or building or a demolition permit has been applied for, California law requires this intention to be disclosed in the rental agreement. The disclosure should state the approximate date in which demolition will occur.
An example of a section to be included in the rental agreement would be:
DISCLOSURE OF DEMOLITION. On __/__/__, the following unit(s) are scheduled for demolition. On or after this date, active lease agreements will terminate for the affected unit(s).
Download: California Demolition Permit Disclosure Form (PDF)
Military Ordnance Disclosure
Applicable to any property within one mile of known ordnance location with explosive risk in California.
California requires landlords to provide a military ordnance disclosure as part of a rental agreement for any property that falls within one mile of military training grounds or ordnance storage. This disclosure, which is normally in the rental agreement, notifies the tenant that there is a possibility of live munitions near the rental unit.
An example of a section to be included in the lease agreement would be:
ORDNANCE DISCLOSURE. This property is located within one mile of a former federal or military facility which may contain explosive munitions.
Download: California Military Ordnance Disclosure Form (PDF)
Death in a Rental Unit Disclosure
Applicable to properties with a non-HIV or AIDS-related death in the past three years in California.
While not a tangible defect, psychological defects such as a death in a rental unit must be disclosed in California leases. This includes all forms of death with the exception of deaths related to HIV or AIDS, which are protected under the state statute. “Death” disclosures are often included within the rental agreement, even if there has been no death reported.
The following section may be included in your California lease agreement
At the time of this lease agreement, Landlord certifies the following information pertaining to the history of death in the rental property:
[ ] No death reported
[ ] Death by natural causes
[ ] The death was caused by violent crime: ________
[ ] Death by communicable disease:_______Tenant has a right to have questions answered pertaining to death in the rental unit to the best of the Landlord’s knowledge upon request.
Download: California Death in a Rental Unit Disclosure Form (PDF)
Pest Control Disclosure
Applicable to units where pesticides are applied in California.
If pesticides are administered to a unit in a rental building, all adjacent tenants and anyone who is at risk of secondhand exposure must be given at least 24 hours of notice before the pesticide application is allowed. The application may require temporary displacement of other tenants, which must be disclosed in the lease to be enforceable and avoid potential damages charged to the landlord.
Additionally, if pesticide treatments are administered regularly there must be notice given to all new and existing tenants by the landlord and a copy of the notice from the pest control company on the expected terms of the contract. Pest control schedules or notices should be attached to rental agreements.
Download: California Pest Control Disclosure Form (PDF)
Shared Utilities Arrangements
Applicable to any units without individual meters in California.
In California, when each unit does not have its own utility meter, the landlord must disclose this information in the rental agreement. They must also provide and execute a mutual written agreement with the tenant for payment of services.
This agreement can include the landlord assuming the shared utility, installing a submetering system, allocating charges between multiple parties (when shared between units), or other methods of establishing a breakdown of utility payments.
The following is an example of a shared utility agreement section:
UTILITIES: This rental unit shares the following utilities with another unit or common area:
[ ] Electricity
[ ] Water
[ ] Gas
[ ] Sewage
[ ] Other: _________________________________________This lease uses the following method for calculating utility charges between Tenant(s):
[ ] Home Square Footage
[ ] Number of Tenants
[ ] Even Split Between Tenants
[ ] Other:___________________________________________________________Tenant agrees to pay the monthly utility charge to Landlord, plus a $__ service charge as part of each month’s rental payment.
Download: California Shared Utility Arrangement Disclosure Form (PDF)
Bed Bug Addendum
Applicable to all units in California.
To protect against the contraction and spread of an infestation, it is required that landlords in California include a bed bug section in their rental agreements. This addendum provides information about preventing infestations and the proper protocol if one arises. It also helps to limit liability for the landlord by establishing an understanding of the current status of the property, and protects in the case of an infestation occurring later in the lease term.
The following excerpt is the recommended notice to include in no less than 10-point font.
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.
This Bed Bug Addendum may also be included as part of the lease to ensure the tenant agrees.
Flood Zone Disclosure
Applicable to any property in a known flood zone in California.
If the landlord has actual knowledge of the rental property residing in a flood zone, they must disclose this fact to the tenant in the rental agreement with a minimum 8-point font. The disclosure must include:
- That the property is in a flood zone.
- Information about hazards can be found at the Office of Emergency Services website (and a link provided).
- The landlord’s insurance does not cover personal loss and a recommendation to pursue renter’s and flood insurance.
- Acknowledgement that the landlord is not required to provide further information than the above.
An example of a flood zone disclosure would be the following section:
FLOOD ZONE DISCLOSURE. This property is located in a known flood zone, putting it at a higher risk of flooding. Landlord and Landlord’s insurer are NOT responsible for personal loss occurring at this rental unit due to flooding or other hazards. It is recommended that Tenant pursues renter’s insurance and flood insurance. Information about hazards can be found on the California Office of Emergency Services’ website at https://myhazards.caloes.ca.gov.
The above notice is pursuant to section 1632 of the Civil Code and absolves Landlord of liability to flood-related damages.
Download: California Flood Zone Disclosure Form (PDF)
Smoking Policy Disclosure
Applicable to any property imposing a smoking policy in California.
In California, if a landlord wishes to prohibit smoking tobacco in any part of the rental dwelling, property, balconies, common areas, or anywhere else, they must disclose specifically where smoking is prohibited.
Download: California Smoking Policy Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in California to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: California Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by California law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
Optional Disclosure | How the Disclosure is Helpful |
---|---|
Landlord’s Name & Address | Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease. |
Late/Returned Check Fees | Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In California there are no restrictions on late fees. For returned checks there is a $25 first time fee and then a $35 limit for each subsequent returned check. |
Medical Marijuana Use | Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Move-in Checklist | A move-in checklist holds the tenant accountable for future damages that they may cause. |
Non-Refundable Fees | A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease. |
Consequences of Not Including Mandatory Disclosures
Disclosures outline the important health, safety and property information and vary by state. If a landlord does not provide the tenant with the federally or state mandated disclosures, they could face legal repercussions or monetary penalties.
In California, a landlord must comply with the warranty of habitability. If the landlord has actual knowledge of asbestos, mold, pets, or bedbugs on the property and fails to inform the tenant, the tenant can file a lawsuit.
If a landlord fails to disclose the lead-based paint hazard disclosure, they can face finds up to $18,364 per violation. (24 CFR § 30.65)
It’s best to check with your local laws on which disclosures are required to provide to your tenant.
Sources
- 1 CA Health & Safety Code § 25915 (2019)
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…(a)…owner of any building constructed prior to 1979, who knows that the building contains asbestos-containing construction materials, shall provide notice…
(1) The existence of… and location of asbestos-containing construction materials within the building…
(2) Specific locations within the building known to the owner, or identified in a survey known to the owner, where asbestos-containing construction materials are present in any quantity.
(3) General procedures and handling restrictions necessary to prevent, and, if appropriate, to minimize disturbance, release, and exposure to the asbestos…
(4)A summary of the results of any bulk sample analysis, or air monitoring, or monitoring conducted…
(5) Potential health risks or impacts that may result from exposure to the asbestos in the building…
- 2 CA Health & Safety Code § 25400.28 (2019)
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…(b) The property owner shall provide written notice to all prospective tenants that have completed an application to rent an affected dwelling unit or other property of the remediation order, and shall provide the prospective tenant with a copy of the order. The prospective tenant shall acknowledge, in writing, the receipt of the notice and pending order before signing a rental agreement. The notice shall be attached to the rental agreement. If the property owner does not comply with this subdivision, the prospective tenant may void the rental agreement…
- 3 CA Health & Safety Code § 25400.16 (2019)
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…(a) Property contaminated by methamphetamine laboratory activity is safe for human occupancy for purposes of this chapter only if the level of methamphetamine on an indoor surface is less than, or equal to, 1.5 micrograms per 100 square centimeters…
- 4 CA Health & Safety Code § 26141 (2019)
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…(a)… landlords shall provide written disclosure to prospective and current tenants of the affected units as specified in subdivision (b), when the landlord knows that mold, both visible and invisible or hidden, is present that affects the unit or the building and the mold either exceeds the permissible exposure limits … or poses a health threat according to the department’s guidelines as developed pursuant to Section 26105.
(b) The written notice required by subdivision (a) shall be provided:
(1) To prospective tenants as soon as practicable and prior to entering into the rental agreement.
(2) To current tenants in affected units as soon as is reasonably practical…
- 5 CA Civ Code § 2079.10a (2019)
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…(3) A contract entered into by the parties on or after April 1, 2006, shall contain the following notice:
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…
- 6 CA Civ Code § 1940.6 (2019)
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…(a) The owner of a residential dwelling unit or the owner’s agent who applies to any public agency for a permit to demolish that residential dwelling unit shall give written notice of that fact to:
(1) A prospective tenant prior to the occurrence of any of the following actions by the owner or the owner’s agent:
(A) Entering into a rental agreement with a prospective tenant.
(B) Requiring or accepting payment from the prospective tenant for an application screening fee, as provided in Section 1950.6.
(C) Requiring or accepting any other fees from a prospective tenant.
(D) Requiring or accepting any writings that would initiate a tenancy.
(b) The notice shall include the earliest possible approximate date on which the owner expects the demolition to occur and the approximate date on which the owner will terminate the tenancy. However, in no case may the demolition for which the owner or the owner’s agent has applied occur prior to the earliest possible approximate date noticed…
- 7 CA Civ Code § 1940.7 (2019)
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…(b) The landlord of a residential dwelling unit who has actual knowledge of any former federal or state ordnance locations in the neighborhood area shall give written notice to a prospective tenant of that knowledge prior to the execution of a rental agreement. In cases of tenancies in existence on January 1, 1990, this written notice shall be given to tenants as soon as practicable thereafter…
- 8 CA Civ Code § 1710.2 (2019)
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…(A) The occurrence of an occupant’s death upon the real property or the manner of death where the death has occurred more than three years prior to the date the transferee offers to purchase, lease, or rent the real property.
(B) That an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications…
- 9 CA Civ Code § 1940.8.5 (2019)
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…(b) (1) A landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed pest control operator shall provide a tenant of that dwelling unit and, if making broadcast applications, or using total release foggers or aerosol sprays, any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be used.
(C) “State law requires that you be given the following information:…
- 10 CA Civ Code § 1940.8 (2019)
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…A landlord of a residential dwelling unit shall provide each new tenant that occupies the unit with a copy of the notice provided by a registered structural pest control company pursuant to Section 8538 of the Business and Professions Code, if a contract for periodic pest control service has been executed…
- 11 CA Civ Code § 1940.9 (2019)
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…1) Execute a mutual written agreement with the tenant for payment by the tenant of the cost of the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit.
(2) Make other arrangements, as are mutually agreed in writing, for payment for the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit. These arrangements may include, but are not limited to, the landlord becoming the customer of record for the tenant’s meter, or the landlord separately metering and becoming the customer of record for the area outside the tenant’s dwelling unit…
- 12 CA Civ Code § 1954.603 (2019)
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…On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:
(a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:…
- 13 CA Govt Code § 8589.45 (2019)
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…(a) In every lease or rental agreement for residential property entered into on or after July 1, 2018, the owner or person offering the property for rent shall disclose to a tenant, in no smaller than eight-point type, the following:
(1) That the property is located in a special flood hazard area or an area of potential flooding, if the owner has actual knowledge of that fact
(2) That the tenant may obtain information about hazards, including flood hazards, that may affect the property from the Internet Web site of the Office of Emergency Services. The disclosure shall include the Internet Web site address for the MyHazards tool maintained by the office.
(3) That the owner’s insurance does not cover the loss of the tenant’s personal possessions and it is recommended that the tenant consider purchasing renter’s insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss…