California Residential Lease Agreement: What It Must Include in 2026
Updated August 5, 2026 · Statute text checked against the California Legislative Information site (leginfo.legislature.ca.gov).
A California residential lease agreement in 2026 must reflect two recent laws many older templates miss: AB 12 (2023), which capped security deposits at one month's rent starting July 1, 2024, and AB 2801 (2024), which added photo requirements for deposit deductions in 2025. On top of those, state law requires a specific set of written disclosures, from the Megan's Law notice to bed bug, mold, and flood hazard information. This page lists what a state-specific California lease needs, with the statute behind each item.
This page covers California state law (plus federal lead-paint rules) only. City and county ordinances, such as local rent stabilization or registration rules, may add requirements not listed here.
What changed: AB 12 and AB 2801
Two bills rewrote California's security deposit rules in Civil Code § 1950.5, and both postdate many of the free lease templates still circulating online:
- AB 12 (Stats. 2023, ch. 733), operative July 1, 2024. Caps the security deposit at one month's rent for furnished and unfurnished units alike, replacing the old two-months-unfurnished / three-months-furnished rule. Small landlords (natural persons, or LLCs whose members are all natural persons, owning no more than two residential rental properties with no more than four total units) may charge up to two months' rent, but not to service members.
- AB 2801 (Stats. 2024, ch. 280), phased in during 2025. From April 1, 2025, landlords must photograph the unit after possession is returned (before any repair or cleaning) and again after the work, and send the photos with the itemized deduction statement. For tenancies beginning on or after July 1, 2025, landlords must also photograph the unit immediately before or at move-in. Deductions are limited to what is reasonably necessary to restore the unit, excluding ordinary wear and tear, and professional cleaning may only be charged when reasonably necessary. A landlord who fails to comply in bad faith forfeits the right to keep any of the deposit.
California security deposit rules in 2026
Under Civil Code § 1950.5, the maximum security deposit is one month's rent (plus first month's rent), with the small-landlord exception described above. After the tenancy ends, the landlord has 21 calendar days to return the balance with an itemized statement, now accompanied by the AB 2801 photographs and a written explanation of repair and cleaning costs. Tenants may also request an initial move-out inspection; deductions for items that could have been identified then, but were not listed, are restricted.
Required disclosures for a California residential lease
These are the statewide disclosure and notice requirements that most commonly apply to a standard residential tenancy. Several are conditional: they apply only when the underlying condition (mold, shared meter, planned demolition) exists.
| Disclosure | What the lease / landlord must include | Authority |
|---|---|---|
| Owner / manager contact | The lease (or a written statement within 15 days of signing) must give the name, phone number, and street address of the manager and of the owner or agent for service of process, plus how, where, and to whom rent is paid. Successor owners must re-disclose within 15 days. | Civ. Code § 1962 |
| Megan's Law database notice | The lease must include the statutory notice (in at least 8-point type): “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.” | Civ. Code § 2079.10a |
| AB 1482 just cause / rent limit notice | For covered tenancies commenced or renewed on or after July 1, 2020, the lease must carry the exact 12-point-type notice referencing Civil Code § 1947.12 (rent increase limits) and the just cause requirement. Exempt single-family properties must instead include the statutory exemption notice. | Civ. Code § 1946.2(f) |
| Bed bug notice | Written notice (at least 10-point type) to prospective tenants, required since July 1, 2017, covering bed bug identification, behavior, signs of infestation, and the procedure for reporting suspected infestations to the landlord. | Civ. Code § 1954.603 |
| Mold | Before entering the lease, written disclosure to prospective tenants of known mold that exceeds permissible exposure limits or poses a health threat; affected current tenants must be told as soon as reasonably practical. No testing duty, and no disclosure needed once mold is properly remediated. | Health & Safety Code § 26147 |
| Flood hazard | For leases entered into on or after July 1, 2018, the lease must disclose (in at least 8-point type) actual knowledge that the property is in a special flood hazard area, point tenants to the Office of Emergency Services MyHazards tool, and state that the owner's insurance does not cover the tenant's possessions. | Gov. Code § 8589.45 |
| Lead-based paint (federal) | For housing built before 1978: disclose known lead-based paint and hazards, give tenants the EPA pamphlet “Protect Your Family From Lead In Your Home,” include the Lead Warning Statement, and keep signed disclosure records for three years. | Section 1018 of Title X; 40 CFR Part 745 |
| Smoking policy | For leases signed on or after January 1, 2012, a landlord who prohibits smoking must include a lease provision specifying the areas on the property where smoking is prohibited. | Civ. Code § 1947.5 |
| Shared utility meters | If a meter serves the tenant's unit and other areas, the lease must set out how utilities will be billed between the parties. | Civ. Code § 1940.9 |
| Pest control treatments | If the rental is under a regular pest control service contract, tenants must be told which pesticides are used, and given notice before application. | Civ. Code § 1940.8 |
| Planned demolition | An owner who has applied for a permit to demolish the unit must disclose that before entering the lease. | Civ. Code § 1940.6 |
| Death in the unit | A prior occupant's death in the unit is subject to disclosure as provided by statute; an HIV/AIDS-related cause of death is protected information. | Civ. Code § 1710.2 |
| Methamphetamine / fentanyl contamination | Known manufacture, storage, or use of methamphetamine or fentanyl on the property must be disclosed to the tenant, along with related remediation orders. | Health & Safety Code § 25400.28 |
| Former military ordnance | Known former federal or state ordnance locations in the neighborhood of the property must be disclosed in writing. | Civ. Code § 1940.7 |
| Proposition 65 | Where chemicals on the Proposition 65 list are present at the property, a warning to tenants may be required. | Health & Safety Code § 25607.34 |
Notice periods every California landlord should know
- Ending a month-to-month tenancy: at least 30 days' notice if all tenants have lived in the unit less than one year; at least 60 days' notice at one year or more (Civ. Code § 1946.1). Where AB 1482 just cause applies, a stated just cause is also required.
- Rent increases: at least 30 days' notice for increases of 10% or less and 90 days' for increases over 10% (Civ. Code § 827), with extra time when served by mail. Covered properties are also subject to the rent increase limits of Civ. Code § 1947.12.
- Security deposit return: within 21 calendar days of the tenant vacating (Civ. Code § 1950.5(h)).
- Owner/manager changes: updated contact disclosures within 15 days of a new owner or manager taking over (Civ. Code § 1962).
Why a generic California lease agreement PDF may be out of date
Most free “California lease agreement PDF” downloads are static documents, and California landlord-tenant law has moved fast: the deposit cap changed July 1, 2024 (AB 12), photo-documentation duties arrived April–July 2025 (AB 2801), and Civil Code § 1950.5 was amended again effective January 1, 2026. A template that predates those changes can tell you to collect a deposit the statute no longer allows. A quick check: if a California template doesn't mention AB 12 or a one-month deposit cap, it hasn't been updated since at least mid-2024. LeaseSmith builds state-specific leases from the current statute list above, so the document you sign matches the law as it stands, not as it stood when a PDF was last edited.
California residential lease FAQ
How much security deposit can a California landlord charge in 2026?
One month's rent, whether the unit is furnished or unfurnished, under Civil Code § 1950.5(c) as amended by AB 12 (effective July 1, 2024). A narrow exception lets natural-person landlords who own no more than two rental properties totaling no more than four units charge up to two months' rent, but never to a service member.
Can I just download a free California lease agreement PDF?
A static PDF is only as current as its last revision. AB 12 (2023) and AB 2801 (2024) rewrote California's security deposit rules, so a California lease agreement PDF drafted before mid-2024 can overstate the deposit you may collect and omit the photo-documentation steps. Before using any template, check that it names these laws and reflects the current text of Civil Code § 1950.5.
What disclosures must a California residential lease include?
Common statewide requirements include the Megan's Law database notice (Civil Code § 2079.10a), owner and manager contact information (§ 1962), the bed bug notice (§ 1954.603), known mold (Health & Safety Code § 26147), flood hazard information (Government Code § 8589.45), the AB 1482 just cause and rent limit notice where it applies (§ 1946.2), smoking policy areas (§ 1947.5), and the federal lead-based paint disclosure for pre-1978 housing.
How much notice does a landlord need to raise rent in California?
For a month-to-month tenancy, at least 30 days' written notice for an increase of 10 percent or less, and at least 90 days' notice for an increase over 10 percent (Civil Code § 827), with additional time when the notice is mailed. For properties covered by AB 1482, the size of the increase is also limited by Civil Code § 1947.12.
How long does a California landlord have to return the security deposit?
No later than 21 calendar days after the tenant vacates, the landlord must return the remaining deposit with an itemized statement of any deductions (Civil Code § 1950.5(h)). Under AB 2801, deduction claims must now be supported by photographs, and a landlord who fails to follow the documentation rules in bad faith loses the right to keep any of the deposit.
When does just cause protection apply to a California tenancy?
Under Civil Code § 1946.2 (AB 1482), once all tenants have lawfully occupied the unit for 12 months (or at least one tenant for 24 months where tenants were added later), the landlord needs just cause to terminate. Some properties are exempt, including certain single-family homes owned by individuals, but only if the lease contains the specific exemption notice the statute requires.
Ready to put this into a lease?
LeaseSmith turns the requirements on this page into a state-specific California residential lease built for DIY landlords with 1–5 units, with disclosures, notices, and current deposit rules included.
Also managing property in Texas? See what a Texas residential lease agreement must include in 2026.