Use a Solid Lease in California — What Every Landlord Should Know

A written lease is your single best tool for a smooth landlord–tenant relationship. A clear lease reduces misunderstandings, speeds move-ins, helps you comply with California law, and gives you stronger remedies if disputes arise. Below is a practical guide for California landlords: what to include in the lease, which state rules you must follow (and the consequences of ignoring them), and simple best practices to protect both landlord and tenant rights.

Why a written lease matters

Oral agreements are harder to enforce, easier to misremember, and often produce litigation. A written lease documents rent, term, utilities, rules, repairs, notices, and move-in expectations so both parties know their obligations from day one.

Must-have lease terms (at minimum)

Include these items in every residential lease:

Full names of landlord/agent and tenant(s).
Property address and parking/storage specifics.
Lease term (fixed or month-to-month) and move-in/move-out dates.
Rent amount, due date, late fees (if lawful), and accepted payment methods.
Security deposit amount and conditions for return.
Maintenance, repair responsibilities, and emergency contact.
Entry notice procedure and how notices are delivered.
Rules on pets, smoking, subletting, and tenant conduct.
Procedure for handling abandoned property and surrendered keys.
Move-in condition checklist and tenant’s acknowledgement of receipt.

A clear move-in checklist (signed, dated, with photos) is invaluable for deposit disputes.

California laws that can hurt a landlord if ignored

Below are key California code provisions and legal areas frequently at issue. Failing to follow them can lead to statutory penalties, denied eviction relief, damages, or attorney’s fees.

Security deposits — Civil Code §1950.5.
California strictly governs how much you may collect, what you may deduct for, timelines for returning deposits, and required itemized statements for deductions. Failure to comply can result in penalty damages and liability for treble damages and attorney’s fees.
Right of entry — Civil Code §1954.
Except for emergencies, landlords must give proper notice (date, approximate time, purpose) before entering a unit and must leave written evidence of the entry. Improper or repeated entries can be a basis for tenant claims.
Implied warranty of habitability — Civil Code §1941.1 et seq.
Landlords must deliver and maintain habitable housing (working plumbing, heating, structurally safe premises). Unsafe or uninhabitable conditions can give tenants repair/withhold remedies, rent offsets, and potential claims for damages.
Anti-retaliation protections — Civil Code §1942.5.
Tenants who lawfully complain about habitability or exercise legal rights are protected from retaliatory eviction, rent increases, or reportable adverse actions. Courts may award damages and attorneys’ fees for retaliation.
Fair housing & discrimination — Government Code §12955 (FEHA) and federal Fair Housing Act.
Discriminatory screening, different terms for protected classes, or unlawful source-of-income refusals can lead to administrative complaints, civil fines, and private lawsuits. Screen consistently and document criteria.

Note: Many cities (Los Angeles, San Francisco, Berkeley, Inglewood, Santa Monica, etc.) add local protections (just-cause rules, rent caps, buyout/rescission requirements, relocation fees). Always check local ordinances before drafting or modifying a lease.

Required disclosures and notices

California and federal law require several disclosures at or before move-in. Common examples include:

Security deposit receipt and notice of deposit laws (Civ. Code §1950.5).
Lead-based paint disclosure for properties built before 1978 (federal & state guidance). Provide the pamphlet and allow required inspection time.
Local buyout/disclosure forms — if offering cash-for-keys in some rent-controlled areas, specific forms and rescission periods may be required. (Check city rules.)

Missing a required disclosure can invalidate lease provisions, result in penalties, or give tenants grounds to rescind agreements.

Screening & application process — avoid discrimination

Adopt a written screening policy (consistent criteria for credit, income, background checks, and criminal history) and apply it uniformly. Keep records of applications, reasons for denial, and the documents you relied upon. This reduces risk of Fair Housing claims.

Move-in process & documentation checklist

Use a standard packet for every tenancy that includes:

Signed lease and any addenda (pet, parking, lead, local disclosures).
Move-in condition checklist signed by tenant + photos/video.
Receipt for security deposit with statutory language.
Copy of keys surrendered log at move-out.
Tenant contact and emergency information.
Proof of tenant receipt of required disclosures (signed).

Well-organized move-in files make deposit returns and later litigation far easier.

What landlords should never do

Don’t change locks, shut off utilities, remove a tenant’s belongings, or use force to evict — those are illegal self-help evictions and can trigger civil and criminal liability.
Don’t enter without notice (except emergencies) — follow Civ. Code §1954.
Don’t keep a security deposit past the allowed timelines or fail to provide an itemized deduction list — follow Civ. Code §1950.5.

Practical tips to reduce disputes

Use plain-language lease forms tailored to California law or your local jurisdiction.
Keep lease language simple, specific, and consistent with state/local law.
Keep electronic and physical copies of everything and log communications.
Train on lawful entry procedures and maintenance response times.
If in a rent-controlled city, add required local addenda and comply with relocation/buyout rules.
When in doubt about unusual situations (elderly tenants, habitability disputes, renovation rent increases), consult local counsel.

Closing — documentation protects everyone

A carefully drafted lease and a disciplined move-in process protect both landlords and tenants. Following California code requirements for deposits, entry, habitability, anti-retaliation, and anti-discrimination isn’t optional — it reduces risk, speeds resolutions, and preserves rental income.

Disclaimer: Khan Paralegal and Notary is not an attorney and this blog is not a substitute for legal advice from a licensed attorney. For legal questions or complex landlord–tenant disputes, consult a qualified California landlord-tenant attorney or your local housing authority.

Khan Paralegal and Notary