RESIDENTIAL LEASE AGREEMENT
This Agreement is entered into as of [Date], [Year]
Landlord: [Landlord Full Legal Name or Entity]
Mailing Address for Notices: [Address, City, CA ZIP]
Phone: [Phone] Email: [Email]
Tenant(s):
[Tenant #1 Full Legal Name]
[Tenant #2 Full Legal Name, if applicable]
[Tenant #3 Full Legal Name, if applicable]
Minor occupants (under 18): [Names & ages, or "None"].
Landlord leases to Tenant the residential dwelling located at:
[Full Street Address], Unit: [#]
[City], CA [ZIP] ("Premises")
Parking: [Description or "Not included"].
Storage: [Description or "Not included"].
This Agreement commences on [Start Date] and expires on [End Date], unless sooner terminated in accordance with this Agreement or applicable law.
Non-Renewal Notice: If either party does not wish to renew, written notice of non-renewal must be delivered at least 30 days before the lease expiration date. Failure to provide timely notice results in automatic month-to-month renewal under the same terms.
If Landlord intends to renew at a higher rent, the new rent amount shall be disclosed in writing at the time of the renewal offer.
Monthly Rent: $[Amount] per month, due on the [1st] day of each calendar month.
Payment Method: [Check / Electronic transfer / Other] payable to [Payee Name] at [Address or account details].
Grace Period: Rent received after the [5th] day of the month is considered late. The grace period does not extend the due date.
Returned Payment Fee: $[Amount] for any returned check or failed electronic payment.
If rent is not received by the [5th] day of the month, a one-time late fee of $[Amount] shall apply. This fee shall not exceed a reasonable amount (courts typically treat 5–6% of monthly rent as the outer limit), as required by California common law reasonableness standard.
This is the sole late charge. No daily, compounding, or rolling late fees shall apply. This fee represents a reasonable estimate of administrative costs and does not constitute an unlawful penalty.
Amount: $[Amount], due at or before the commencement of this Agreement. This amount shall not exceed 2 months' rent (unfurnished unit) as required by California Civil Code §1950.5.
Holding: The deposit shall be held in a separate account and shall not be commingled with Landlord's personal funds.
Return: Within 21 days of move-out, Landlord shall return the full deposit — or the balance after lawful deductions — along with an itemized written statement of any amounts withheld. Lawful deductions are limited to unpaid rent, damage beyond ordinary wear and tear, and other amounts expressly authorized by California Civil Code §1950.5.
Penalty for Non-Compliance: Failure to comply with the return requirements subjects Landlord to up to 2 times the amount of the security deposit as a statutory penalty, plus actual damages and attorney's fees (Civil Code §1950.5(l)).
The following utilities are the responsibility of the party indicated. ☐ = Landlord ☐ = Tenant
| Utility / Service | Landlord | Tenant |
|---|---|---|
| Electricity | ☐ | ☐ |
| Gas / Heating Fuel | ☐ | ☐ |
| Water & Sewer | ☐ | ☐ |
| Trash & Recycling | ☐ | ☐ |
| Internet / Cable | ☐ | ☐ |
| Lawn / Snow Removal | ☐ | ☐ |
| Pest Control | ☐ | ☐ |
Tenant shall establish service accounts in Tenant's name for all utilities checked "Tenant" above before the commencement date.
Tenant has had the opportunity to inspect the Premises before taking possession. A Move-In Condition Checklist (Addendum A) shall be completed by Tenant within [72 hours / 5 days] of taking possession and returned to Landlord. The checklist, once co-signed by both parties, is incorporated into this Agreement and shall establish the baseline condition for deposit-deduction purposes at move-out.
Landlord's Representations: Landlord represents that, to Landlord's current actual knowledge, the Premises is in habitable condition, all appliances listed in Addendum B are in working order, and all known material defects have been disclosed to Tenant in writing prior to execution of this Agreement.
Tenant's Obligations: Tenant shall keep the Premises clean and sanitary, use all fixtures and appliances properly, promptly notify Landlord in writing of any conditions requiring repair, and avoid causing waste or damage.
Landlord's Repair Obligations: Landlord shall make diligent efforts to repair conditions that materially affect the physical health or safety of an ordinary tenant, within a reasonable time after receiving written notice from Tenant, as required by California Civil Code §1941 and §1942. Nothing in this Agreement constitutes a waiver of Tenant's right to habitable premises.
Tenant's remedies for Landlord's failure to repair include those available under California Civil Code §1941 and §1942, including lease termination and rent reduction in appropriate circumstances.
Landlord shall provide Tenant with at least 24 hours' advance written notice before entering the Premises for any non-emergency purpose, including inspections, repairs, showings to prospective tenants or buyers, or any other lawful purpose.
Emergency Access: Landlord may enter without prior notice in genuine emergencies (fire, flooding, imminent risk to persons or property) and shall notify Tenant as soon as practicable after such entry.
Landlord shall not use the right of entry to harass Tenant or conduct unreasonably frequent or disruptive inspections.
Tenant shall not make alterations, improvements, or additions to the Premises without prior written consent of Landlord. Approved work shall be performed by licensed contractors and comply with all applicable building codes and permits.
Upon termination, Tenant shall, at Landlord's written direction prior to move-out, restore the Premises to its prior condition or allow approved alterations to remain. Tenant shall not be required to remove any alteration expressly approved in writing.
Tenant shall not assign this Agreement or sublet the Premises without prior written consent of Landlord. Landlord shall not unreasonably withhold consent to a qualified substitute tenant or assignee. Any purported assignment or subletting without consent is void and constitutes a material breach of this Agreement.
Pets are: ☐ Not permitted ☐ Permitted — approved pet(s): [Type, breed, size, number]
If permitted: Pet deposit: $[Amount or N/A]. Monthly pet rent: $[Amount or N/A] per month.
Assistance animals (service animals and emotional support animals) are not "pets" under applicable fair housing law and shall not be subject to pet deposits, pet rent, or breed restrictions. Requests for reasonable accommodation shall be handled in accordance with the Fair Housing Act and applicable state law.
Tenant shall not engage in the following:
Tenant is in default upon: (a) failure to pay rent when due, not cured within [3/5] days of written notice; (b) material breach of any other term of this Agreement, not cured within [14/30] days of written notice; (c) abandonment of the Premises; or (d) criminal activity on or about the Premises.
Nothing in this section waives Landlord's obligation to follow all statutory eviction procedures required by California law before requiring Tenant to vacate.
Upon default, Landlord's remedies are those provided under California Code of Civil Procedure §1161 et seq.. Landlord must follow all statutory procedures required by California law before requiring Tenant to vacate, including written notice and a court judgment.
Landlord is expressly prohibited from: changing locks, removing doors or windows, terminating utilities, removing Tenant's personal property, or taking any other self-help action to remove Tenant without first obtaining a court order and having removal executed by an authorized officer as required by law. Violation of this prohibition entitles Tenant to actual damages, punitive damages up to $100/day for each day of the violation, plus attorney's fees (California Civil Code §789.3).
If Tenant is an active duty member of the U.S. Armed Forces and receives qualifying deployment or permanent change of station (PCS) orders, Tenant may terminate this Agreement upon thirty (30) days' written notice with a copy of the official orders. Tenant's deposit shall be returned in full for a unit left in good condition less ordinary wear and tear. The Servicemembers Civil Relief Act (SCRA) and applicable California law protections are incorporated by reference.
Lead Paint (Pre-1978 Buildings):
☐ This property was built before 1978. Landlord has provided the EPA-approved lead paint disclosure pamphlet.
Known lead paint hazards: [Description or "None known"]
Mold: Known mold conditions: [Description or "No known conditions"]. Tenant is advised to report any moisture or suspected mold in writing promptly.
AB 1482 Rent Increase Limitation: If this unit is covered by California Civil Code §1946.2, the landlord may not increase rent by more than 5% plus local CPI (max 10%) per year, and may not terminate the tenancy without just cause after 12 months of occupancy. Coverage exceptions: single-family homes with owner notification, condos, and buildings built within the last 15 years.
Proposition 65 Notice: This property may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.
Sex Offender Registry: Information available at [State registry website].
Notices: All notices under this Agreement shall be in writing and delivered by (a) personal delivery, (b) certified mail, (c) overnight courier, or (d) email with read receipt confirmed, to the addresses in Section 1.
Governing Law: This Agreement is governed by the laws of the State of California.
Severability: If any provision is held void or unenforceable, the remaining provisions remain in full effect.
Entire Agreement: This Agreement and all addenda listed below constitute the complete agreement between the parties. No oral representations have been made. Modifications require a signed written addendum.
Addenda incorporated:
☐ Addendum A: Move-In Condition Checklist
☐ Addendum B: Appliance & Fixture Inventory
☐ Addendum C: Pet Agreement
☐ Addendum D: [Other]
By signing, each party acknowledges having read and understood this Agreement in its entirety and agrees to be bound by all of its terms and conditions.
Landlord Signature
Printed Name:
Title (if entity):
Date:
Tenant Signature
Printed Name:
Date:
Tenant #2 (if applicable)
Printed Name:
Date:
Tenant #3 (if applicable)
Printed Name:
Date:
