California Residential Lease Agreement

Last Updated: May 13, 2025 by Roberto Valenzuela

A California residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.

California Lease Agreement Disclosures

California requires the following disclosures for some or all residential lease agreements.

Disclosure Applicable To
Meth and Fentanyl Units With Known Drug Contamination
Mold Units With Known Mold
Sex Offender Registry All Rentals
Demolition Permit Units With Planned Demolition
Military Ordnance Units Within 1 Mile of Testing Site
Death Units With a Death
Pest Control Units With Pesticides Applied
Shared Utility Meters Units With a Shared Utility Meter
Bed Bugs All Rentals
Flood Zone Units in a Flood Zone
Smoking Policy Units With a Smoking Policy
Asbestos Units Built Before 1979, Known To Contain Asbestos
Lead Paint Units Built Before 1978

Methamphetamine and Fentanyl Contamination Disclosure

Applies to any California residential lease where the landlord has knowledge of possible untreated drug contamination.

California rental agreements require disclosure of any information relating to the manufacture, storage, or use of methamphetamine and fentanyl on a property. This includes a copy of any notices received relating to methamphetamine or fentanyl contamination.

Before the rental agreement is signed, a landlord must deliver notice about any ongoing remediation efforts. The notice isn’t valid without the tenant’s acknowledgement. These requirements apply until the landlord receives a notice from a local health officer certifying the property as uncontaminated.

Landlords must begin treatment of any known contamination before the lease begins, for tenant safety. A property is not considered habitable while concentration levels are above 1.5 μg/100 cm^2 (1500 micrograms per square meter).

This is an example of a methamphetamine and fentanyl disclosure:

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 California residential lease with known or suspected toxic mold.

California landlords must provide a mold disclosure when there’s reason to think toxic mold is present or growing. Until the mold gets treated according to local safety standards, the mold disclosure must be included in the lease or provided alongside.

A mold disclosure may also appear in a lease for a rental with no known or suspected mold. This certifies that the tenant is taking possession of a  property with no known mold issues, which may help reduce landlord liability.

Landlords also are asked to distribute an informational 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

Applies to all California residential leases.

Every California rental agreement must notify tenants about the “Megan’s Law” sex offender registry. The law requires 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.

Demolition Permit Disclosure

Applies to California residential leases where the property is scheduled for future demolition.

California landlords must disclose any intention to demolish a rental unit or building and any applications for a demolition permit. The disclosure should state the approximate date of demolition.

This is an example of a demolition disclosure:

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

Applies to all California residential leases within one mile of a known ordnance location with explosive risk.

California requires a disclosure as part of a rental agreement for any property that falls within one mile of military training grounds or ordnance storage.

The purpose for this disclosure is to notify the tenant there is a possibility of live munitions detonating near the rental property. An ordnance clause usually is put in the rental agreement, but can be attached as an addendum.

This is an example ordnance disclosure clause:

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

Applies to California residential leases where a non-HIV or AIDS-related death occurred on the property in the past three years.

California landlords must disclose any deaths on the rental property within the last three years other than deaths related to HIV or AIDS (which are protected from disclosure by law).

A standard form of this clause often appears in a rental agreement, even with no deaths reported on the rental property.

This is an example of a death disclosure clause:

At the time of this lease agreement, Landlord certifies the following information pertaining to the history of death in the rental property within the last three years:

 

[ ] 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

Applies to California residential leases scheduled for application of pest control chemicals.

California requires at least 24 hours of notice before a pesticide application on a rental property, to adjacent tenants and people at risk of secondhand exposure. Notice reduces possible landlord liability from any temporary removal of tenants.

Landlords also must provide a pest control disclosure to tenants on any properties which receive regular pesticide treatments. Notice must include a copy of the pest control company’s expected terms of contract.

Pest control schedules or notices often are attached to rental agreements.

Download: California Pest Control Disclosure Form (PDF)

Shared Utilities Arrangements

Applicable to all California rentals without individual utility meters.

California leases must provide a special disclosure where multiple rental units share a utility meter for the whole building or property. In addition, the law requires an explicit agreement between the landlord and tenant for payment of shared utility services.

Options for a shared utility agreement can include:

  • Landlord pays for the whole cost of the shared utility
  • Charges divided through a submetering system
  • Total charges split evenly across all units
  • Other methods of apportioning utility payments

This is an example of a utility sharing clause:

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

Applies to all California residential leases.

California rental agreements must include an addendum about the prevention and treatment of bed bugs.

This is the recommended notice to include, which must be in 10-point font at minimum:

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.

Flood Zone Disclosure

Applies to any California residential lease within a known flood zone.

California landlords must disclose any actual knowledge that a rental property sits in a flood zone. This disclosure must be in the rental agreement, printed in 8-point font at minimum. The disclosure must include:

  • Notice that the property is in a flood zone
  • Notice that information about hazards can be found at the Office of Emergency Services website, with a link provided
  • Notice that the landlord’s insurance does not cover personal loss
  • A recommendation for the tenant to pursue renters’ and flood insurance
  • Notice that these acknowledgements fulfill the landlord’s duty of disclosure for this topic

This is an example of a flood zone disclosure clause:

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

Applies to any California residential lease which imposes a smoking policy.

California landlords may limit or prohibit tobacco smoke on the property, including in common areas. If they do, they must specify restrictions in a disclosure agreed with the tenant as part of the lease or an addendum.

Download: California Smoking Policy Disclosure Form (PDF)

Asbestos Disclosure

Applies to any rental unit built before 1979 which is known to contain asbestos.

California landlords must disclose any actual knowledge about potential asbestos contamination, on any property built before 1979. This includes suspected specific sites of contamination, summaries of testing, and information about asbestos risk management.

Lead-Based Paint Disclosure

Applies to all rental units built before 1978.

California residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:

Download: California Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by California law in residential lease agreements, but help with tenant management and landlord liability.

Optional Disclosure Purpose
Landlord’s Name and Address Gives the tenant the landlord’s name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically includes additional contact information, such as phone numbers and email addresses.
Late/Returned Check Fees Discloses late fees or  returned check fees in the lease agreement. California does not restrict 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 Informs tenants about policy related to medical marijuana use on the rental property. Some laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Move-in Checklist A move-in checklist takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out.
Non-Refundable Fees Charges not agreed by the tenant in the lease may be refundable when the lease ends. For landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. California prohibits fees related to payment by check (including for a security deposit) or when issuing a termination notice.

Failure To Include Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.

California allows tenants to sue landlords who fail to disclose known or suspected asbestos, mold, pets, or bed bugs on the property.

Lead-based paint hazards are particularly important as a disclosure. Landlords who don’t disclose the potential for lead hazards can face tens of thousands of dollars in fines per violation.

City-Specific Lease Templates

Many California cities have specific required and recommended disclosures. These are some major cities with residential lease agreements which differ from the state defaults:

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