6 critical red flags in California residential lease agreements — from illegal rent hikes to hidden move-out fees.
A clause allowing rent increases above the AB 1482 cap for covered units. Landlords sometimes include inflated increase language hoping tenants won't notice.
Any rent increase clause exceeding 5% + local CPI, or flat % increases above 10% annually for covered buildings
Check if your unit is covered under AB 1482. If so, any increase above the cap is void. The California Tenant Protection Act applies to most apartments 15+ years old.
Landlord claims 60 days to return deposit instead of the required 21 days, or omits the itemized statement requirement.
'Landlord has 60 days to return deposit' or no mention of itemized statement requirement
California Civil Code §1950.5 requires deposit return + itemized deductions within 21 days. Any waiver of this right in the lease is void.
Pre-set charges for cleaning or repairs (e.g., $350 for carpet cleaning) that landlord applies regardless of actual condition.
Attached fee schedules for move-out charges, 'professional cleaning required upon vacating'
Landlords can only charge for actual costs above normal wear-and-tear. Do a walkthrough with the landlord and get a written pre-move-out inspection report.
Pet deposits or monthly pet fees for tenants with certified assistance animals, which is illegal under California and federal fair housing law.
'Pet deposit required', 'monthly pet fee' — check if you have a documented assistance/service animal
If you have a certified emotional support or service animal, a pet fee is illegal. Request a reasonable accommodation in writing before signing.
Each co-tenant is responsible for the full rent, not just their share. One roommate leaving means you owe everything.
'Each tenant is jointly and severally liable for the full rent amount'
This is standard and legal, but understand it before co-signing with someone you don't fully trust financially.
Clause requiring tenant to pay landlord's attorney fees if landlord wins a dispute, but not granting reciprocal rights to the tenant.
'Tenant shall pay landlord's attorney fees in any dispute' without a matching clause for tenant
California Civil Code §1717 actually makes attorney fee clauses reciprocal by law. Even if the lease is one-sided, you may still recover fees if you win.
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