California Lease Agreement Review
California layers more protection into a lease than almost any state. The deposit statute, Civil Code 1950.5, now requires photographs at move-in and move-out. A statewide cap under Civil Code 1947.12 limits annual increases for many units until 2030, and survivors of abuse or violent crime can leave a lease owing just 14 days of rent. Cities such as Los Angeles, San Francisco and Oakland add rent control of their own.
Security deposit
1 month (most landlords, since July 2024)
Entry notice
24 hours
Security deposits in California
Under AB 12 (effective July 1, 2024) most California landlords may charge only one month’s rent as a deposit. Entry generally requires 24 hours’ written notice (Civil Code §1954).
California lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in California
California generally requires 24 hours of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in California
Like nearly every state, California recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
What must a California landlord send within 21 days?
Within 21 days after you move out, Civil Code 1950.5 requires the landlord to return the deposit or send an itemized statement of deductions. Repair and cleaning deductions need copies of receipts or invoices unless they total $125 or less. Since April 1, 2025, landlords must photograph the unit after move-out and again after repairs, and for tenancies starting on or after July 1, 2025, also at move-in. Bad-faith retention can cost up to twice the deposit in statutory damages on top of actual damages.
How much can rent go up in California?
Under Civil Code 1947.12, rent on covered units can rise no more than 5% plus inflation, capped at 10%, over any 12 months, in no more than two increases. Major exemptions include housing with a certificate of occupancy issued within the past 15 years, and separately sellable homes not owned by a REIT, a corporation or an LLC with a corporate member, if the tenant received the required written notice. The cap is set to expire on January 1, 2030.
Leaving early after abuse or a violent crime
Civil Code 1946.7 lets a tenant end the lease with written notice, given within 180 days of the incident, plus documentation such as a protective order, a police report or a qualified third party's statement. Rent liability stops 14 days after notice, and the landlord cannot keep the deposit because of the early exit.
California sources checked 2026-10-09: Cal. Civ. Code 1950.5 (FindLaw) · Cal. Civ. Code 1947.12 (FindLaw) · Cal. Civ. Code 1946.7 (FindLaw). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a California lease
- Security deposit vs the California limit, and the return terms
- Landlord entry notice against California requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
California lease FAQ
How much can a landlord charge for a security deposit in California?
As of October 2026, the security-deposit rule in California is: 1 month (most landlords, since July 2024). Under AB 12 (effective July 1, 2024) most California landlords may charge only one month’s rent as a deposit. Entry generally requires 24 hours’ written notice (Civil Code §1954). Deposit caps change, so confirm the current figure, ClauseAudit checks it against California law when you run your lease.
How much notice must a landlord give before entering in California?
In California, a landlord generally must give 24 hours before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a California lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a California lease; it does not override your rights.
How much can a landlord charge as a security deposit in California?
California caps it: 1 month (most landlords, since July 2024). Under AB 12 (effective July 1, 2024) most California landlords may charge only one month’s rent as a deposit. Entry generally requires 24 hours’ written notice (Civil Code §1954). That figure is unusual, shared with no other jurisdiction in this dataset. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to California treat deposits the same way?
No, and the gap can be large: Arizona (1.5 months), Nevada (3 months), Oregon (No statewide cap). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than California's.
Is there anything specific to California tenants should know?
Under AB 12 (effective July 1, 2024) most California landlords may charge only one month’s rent as a deposit. Entry generally requires 24 hours’ written notice (Civil Code §1954). Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
Does a California landlord need receipts for every deduction?
Not for small amounts. Civil Code 1950.5 requires copies of bills, invoices or receipts for repair and cleaning deductions, but deductions totaling $125 or less are exempt. If the landlord did the work personally, the statement must describe the work, the time spent and the hourly rate. Photos supporting a deduction must accompany the itemization.
Is my single-family home covered by California's statewide rent cap?
It depends on the owner and the notice. A home that can be sold separately is exempt from Civil Code 1947.12 only if the owner is not a REIT, a corporation or an LLC with a corporate member, and the tenant received the statutory exemption notice. A home owned by a corporate landlord is generally covered, whatever notice it gives.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 3 of the 3 states bordering California use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
California landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against California law when you run your lease, and you should confirm anything critical with a qualified California attorney.