California Lease Agreement with ezSign
Now with ezSign. Our California Lease Agreement complies with all state legal regulations and offers summaries of CA Leasing Laws as you quickly fill in your details.
Document Last Modified: 8/26/2021
Uses Lease Builder
The State of California has extremely comprehensive Landlord-Tenant laws. For instance, California Landlords are prohibited from requiring Tenants to pay non-refundable fees (for example, non-refundable pet fees) when moving into a rental.
Our California Assist helps California Landlords decipher regulations, and understand which rules apply to them. The California Assist instructions are highlighted in green as the Landlord completes fields in the Lease. They keep the Landlord informed of obligations and ensure that the Lease is California legal. California-required legal language is included in default Lease text, and California addenda and disclosures are automatically attached to the document. In addition, this document also meets Lease requirements for the cities of Anaheim, Bakersfield, Fresno, Long Beach, Los Angeles, Riverside, San Diego, San Jose, San Francisco, Santa Ana, Sacramento, and Stockton.
You may customize the California Lease by adding special terms and conditions, and by attaching addenda that address specific Lease issues, such as inspections, pets, and early Lease termination. Dozens of legal clauses, specifically written to minimize Landlord exposure to litigation, can be added to the Lease with simple clicks on Rules and Regulations options.
ezLandlordForms ezSign service is included in all state-specific Leases at no extra cost. Landlords and Tenants can add digital signatures to the Lease and automatically receive signed copies along with a verified audit trail of signatures.
Los Angeles: In addition to ensuring that California state requirements are met, the Los Angeles city “Landlord-Tenant Handbook for Rental Units Subject to the Rental Stabilization Ordinance” will supply critical information on terms that must be included in Leases for the city.
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California State Laws
Ending and Renewing
Month to Month: A 30 day advance written notice is required for Leases that are month to month and/or under 1 year.
Leases for 1 Year or More: 60 days advance written notice is required, subject to new California Tenant Protection (AB 1482) restrictions
Security Deposits Not to Exceed:
An amount equal to 2 months' rent for an unfurnished property.
An amount equal to 3 months for a fully furnished property.
Security Deposits are any pre-paid deposits including, but not limited to pet and lock deposits.
California law specifically allows the Landlord to use a Tenant's security deposit for four purposes:1. For unpaid rent;
2. For cleaning the rental unit when the Tenant moves out, but only to make the unit as clean as it was when the Tenant first moved in;
3. For repair of damages, other than normal wear and tear, caused by the Tenant or the Tenant's guests; and 4. If the Lease or Rental Agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.
A Landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes. The security deposit cannot be used for repairing defects that existed in the unit before the Tenant moved in, for conditions caused by normal wear and tear during the current tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when the Tenant moved in.
IMPORTANT: A rental agreement or Lease can never state that a security deposit is "nonrefundable."
Under California law, 21 calendar days or less after you move, your Landlord must either:
1. Send you a full refund of your security deposit, or
2. Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.
It is important for the Landlord to follow procedures set out under the California Code for the handling of security deposits.
Complete information can be found:
California Guide to Residential Tenants’ And Landlords’ Rights And Responsibilities
RETURN OF SECURITY ELECTRONICALLY AND STATEMENTS TO BE EMAILED PERMITTED:
After the Landlord and Tenant mutually agree the Landlord may deposit any remaining portion of the security deposit electronically to a bank account or other financial institution designated by the Tenant AND parties may agree to the statement of the security deposit to be emailed.
California law mandates that a Landlord notify a Tenant in writing of the option of having an initial inspection two weeks before terminating a rental agreement or Lease in order to identify problems (and possible deductions from the security deposit) and be given a chance to rectify them and avoid the deduction. Failure to do this may void the opportunity to collect for damages.
It's not required to specify in the Lease the maximum number of days to return the security deposit. It is optional.
Returned Payment Fee
|Assessed charges must not exceed $25 for the first check and a service fee of up to $35 for each subsequent check to that same payee.|
|Late fees should not exceed a reasonable estimate of costs incurred. In some communities, late fees are limited by local rent control ordinances.|
|There are no stated regulations regarding the requirement of renter's insurance in California.|
Addenda & Disclosures
|The owner/agent must include current and clear notification of the name, telephone number, and street address of whoever is accepting rental payments, repair requests, and all notices. Owner/Agent MUST provide a copy of the rental agreement or Lease to the Tenant within 15 days of its execution by the Tenant. Many required addenda included with the Lease builder.|
Notice to Enter
|Reasonable prior notice is required. A twenty-four hour written notice to the Tenant is considered a reasonable notice.|
PROPERTIES IN FORECLOSUREMonth to Month: If a Tenant is in possession of the Leased premises at the time the property is foreclosed, the Landlord must give the Tenant a 90-day written notice to terminate under California law.
Fixed Term Leases: The Tenant may remain until the end of the Lease term in most circumstances, and all rights and obligations under the Lease shall survive foreclosure, including the Tenant’s obligation to pay rent. ALTHOUGH, the Landlord may give a 90-day written notice to terminate a fixed-term Lease after foreclosure should any of the following four situations occur (1) the purchaser or successor-in-interest will occupy the Leased premises as their primary residence;
(2) the Tenant is the borrower or the borrower’s child, spouse, or parent;
(3) the Lease was not the result of an arms’ length transaction, meaning neither of the involved parties may have any interest in the transaction's consequences to the other party.
(4) the Lease requires rent that is substantially below fair market rent (except if under rent control or government subsidy).
PLEASE NOTE: The purchaser or successor-in-interest possesses the burden of proving that one of these four exceptions has been met.
IMPORTANT: This law does not apply if a borrower stays in the property as a Tenant, Subtenant, or occupant, or if the property is subject to just cause rent control.
Contact your local housing or zoning office to be sure your rental property complies with city and county requirements for inspections, rent control, occupancy limits, property codes and zoning. Many cities and counties require inspections, registrations and have specific maintenance regulations.
California Forms & DocumentsCalifornia Guide to Residential Tenants’ And Landlords’ Rights And Responsibilities
California Rental Application
California Non-Residential Building Energy Disclosure Program Information
California Non-Residential Building Energy Disclosure Program Information
California Security Deposit Accounting Statement
California Notification of Pre-Move Out Inspection
California Energy Disclosure
California AB 1482
California Family Daycare Q&A for Landlords
California Quitclaim Deed
California Notice of Pest Control Treatment
California Unlawful Detainer (Complaint)
California 3 Day Notice to Pay or Quit
California 3 Day Notice to Perform or Quit
California 30 Day Notice to Vacate
California 60 Day Notice to Vacate
California Notice of Belief of Abandonment
California Notice to Reclaim Abandoned Property (under $700)
California Notice to Reclaim Abandoned Property (over $700)
California Lease FeaturesThere are so many great features included in the Lease Package:
- All California-required language
- Custom clauses
- Help provided with green, California Assist boxes
- Options to add your own clauses
- ezSign, email or print Lease
Create your California Lease Agreement for Residential, Condo, House, Home, Trailer, Apartment, Townhome, Housing, Real Estate, Duplex, Buildings, and many more!
California Lease Package Documents
- Co-Signer Addendum
- Lease Purchase Option
- Move-In/Move-Out Walk-Through Checklist
- Section 8 Addendum
- Security Deposit Accounting Statement
- Zero Tolerance for Criminal Activity
Rules and Regulations
- Absolutely no smoking is permitted in the Leased premises.
- Tenant agrees to test smoke detectors and maintain batteries.
- Late fees are strictly enforced and any unpaid fees will not be waived.
- Charcoal and gas grills may not be used in the Leased premises.
- Trampolines are not permitted on the Leased premises.
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