A California residential lease agreement (“rental agreement”) is a written contract where one party (the “tenant”) lives in a particular property (“premises”) owned or overseen by another party (the “landlord”), in exchange for regular payments of rent. Governed by California’s landlord-tenant law, a lease has terms and conditions describing the duties of each party.
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 unremediated 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.
Landlords must also obtain acknowledgement from prospective tenants, before the rental agreement is signed, that notice has been delivered about any ongoing remediation efforts. 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 when 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 a reasonable basis to conclude 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 intentions 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 military ordnance disclosure as part of a rental agreement for any property that falls within one mile of military training grounds or ordnance storage.
Normally attached to the rental agreement, this notifies the tenant there is a possibility of live munitions detonating near the rental property.
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 the 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.
In California, adjacent tenants and persons with elevated secondhand exposure risk must receive at least 24 hours of notice before a pesticide application on a rental property. Notice reduces possible landlord liability regarding any temporary removal of tenants.
Additionally, landlords must provide a pest control disclosure to new and existing tenants for 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 rentals without their own utility meter must disclose this fact in the rental agreement. Such rentals must also execute an agreement between the landlord and tenant for payment of utility services.
Options for a shared utility agreement can include:
- The landlord pays for the whole cost of the shared utility
- Charges are apportioned based on a submetering system
- Total charges are 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 resides 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, and a recommendation 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 so, they must specify any such 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 any suspected specific sites of contamination, as well as summaries of any related testing and information about asbestos risk management.
Lead-Based Paint Disclosure
Applies to all rental units built before 1978.
Federal law requires disclosing the risks posed by lead-based paints in all residences built before 1978. This law requires California landlords 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)
For more information about this disclosure requirement, click here.
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. They are common inclusions in rental agreements to head off potential conflicts with tenants, or reduce liability for landlords.
| Optional Disclosure | Purpose |
|---|---|
| Landlord’s Name and Address | Guarantees smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, 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 | Provides rules and restrictions for tenant use of medical marijuana on the property. Some laws allow landlords to restrict marijuana usage to non-smoking methods only, or to designated smoking areas which do not risk interfering with other premises. |
| Move-in Checklist | A move-in checklist helps protect both the landlord and tenant from false claims about property damage. |
| Non-Refundable Fees | The lease must specify which charges are non-refundable. The tenant may otherwise be entitled to a full or partial refund when the lease ends. |
Failure To Include Mandatory Disclosures
Failure to include a mandatory disclosure could result in fees, denial of eviction, refusal of the landlord’s other rights under the lease, and similar legal penalties. Disclosures outline important health, safety, and property information, and the law penalizes failure to disclose.
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 template:
Sources
- 1 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…
- 2 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…
- 3 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…
- 4 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…
- 5 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…
- 6 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…
- 7 Cal. Civ. Code § 1710.2(a)(1)
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(a)(1) Subject to subdivision (d), an owner of real property or his or her agent, or any agent of a transferee of real property, is not required to disclose either of the following to the transferee, as these are not material facts that require disclosure:
(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.
[Editor’s note: the statute does not expressly mandate disclosure, but by negative implication, it makes a landlord potentially liable for not disclosing deaths within the past 3 years that were unrelated to HIV/AIDS.]
Source Link - 8 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:…
- 9 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…
- 10 Cal. Civ. Code § 1940.9(1) & (2)
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f the landlord does not provide separate gas and electric meters for each tenant’s dwelling unit so that each tenant’s meter measures only the electric or gas service to that tenant’s dwelling unit and the landlord or his or her agent has knowledge that gas or electric service provided through a tenant’s meter serves an area outside the tenant’s dwelling unit, the landlord, prior to the inception of the tenancy or upon discovery, shall explicitly disclose that condition to the tenant and shall do either of the following:(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.
Source Link - 11 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:…
- 12 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…
- 13 Cal. Civ. Code § 1947.5(a) - (c)
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(a) A landlord of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette, as defined in Section 104556 of the Health and Safety Code, or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, in accordance with this article.
(b)(1) Every lease or rental agreement entered into on or after January 1, 2012, for a residential dwelling unit on property on any portion of which the landlord has prohibited the smoking of cigarettes or other tobacco products pursuant to this article shall include a provision that specifies the areas on the property where smoking is prohibited, if the lessee has not previously occupied the dwelling unit.
(2) For a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking of cigarettes or other tobacco products in any portion of the property in which smoking was previously permitted shall constitute a change of the terms of tenancy, requiring adequate notice in writing, to be provided in the manner prescribed in Section 827.
(c) A landlord who exercises the authority provided in subdivision (a) to prohibit smoking shall be subject to federal, state, and local requirements governing changes to the terms of a lease or rental agreement for tenants with leases or rental agreements that are in existence at the time that the policy limiting or prohibiting smoking is adopted.
Source Link - 14 Cal. Health & Saf. Code § 25915(a)
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…the owner of any building constructed prior to 1979, who knows that the building contains asbestos-containing construction materials, shall provide notice [of]…
(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…
Source Link - 15 Cal. Civ. Code § 1719(a)(1)
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Notwithstanding any penal sanctions that may apply, any person who passes a check on insufficient funds shall be liable to the payee for the amount of the check and a service charge payable to the payee for an amount not to exceed twenty-five dollars ($25) for the first check passed on insufficient funds and an amount not to exceed thirty-five dollars ($35) for each subsequent check to that payee passed on insufficient funds.
Source Link - 16 24 Code Fed. Regs. § 30.65 (2023)
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“The Director of the Office of Lead Hazard Control and Healthy Homes, or his or her designee, may initiate a civil money penalty action against any person who knowingly violates 42 U.S.C. 4852d… The maximum penalty is $21,018 for each violation.”
Source Link
