A lease is a legally binding contract. Before you sign, you should understand what you're agreeing to. This guide breaks down every major clause and explains what landlords can—and cannot—put in a California lease.
Basic Terms
Parties
The lease should clearly identify the landlord (or property management company) and all tenants. Everyone who will live there should be named on the lease—this establishes their legal right to occupy the unit.
Property Address
The full address of the unit, including apartment number. Make sure it matches the unit you viewed.
Lease Term
The start and end dates. Most LA leases are 12 months. The lease should also state what happens at the end—typically you convert to month-to-month.
Money Terms
Rent Amount
- Monthly rent amount
- Due date (usually the 1st)
- Acceptable payment methods
- Where to send payment
Security Deposit
California Law Limits
- • Unfurnished: Maximum 2 months' rent
- • Furnished: Maximum 3 months' rent
- • Must be returned within 21 days of move-out
- • Landlord must provide itemized statement of deductions
Late Fees
California allows "reasonable" late fees. Most leases include:
- A grace period (often 3-5 days)
- A flat fee or percentage after the grace period
Late fees should not be excessive—courts have struck down fees that are disproportionate to actual damages.
Utilities
The lease should clearly state which utilities are included and which you're responsible for. Common options:
- Included: Water, trash, sometimes gas
- Tenant pays: Electric, internet, sometimes gas
Rules & Restrictions
Occupancy Limits
The lease will specify how many people can live in the unit and who is allowed. California law generally allows 2 people per bedroom plus one additional person.
Guests
Many leases limit how long guests can stay (often 14 consecutive days or 30 days total per year). This prevents unofficial roommates.
Pets
If pets are allowed, the lease should specify:
- Types and number of pets
- Size/breed restrictions
- Pet deposit (part of total security deposit limit)
- Monthly pet rent (if any)
Smoking
Most LA leases prohibit smoking inside the unit and often on the property entirely. This is enforceable.
Noise
Standard quiet hours and noise restrictions. Usually 10 PM to 8 AM. Repeated violations can be grounds for eviction.
Modifications
Alterations
Leases typically prohibit major alterations without written permission. This includes:
- Painting walls
- Installing fixtures
- Making holes in walls
- Changing locks
Subletting
Most leases require written permission to sublet or add roommates. In RSO buildings, landlords cannot unreasonably refuse a subtenant.
🚩 Red Flags
Watch Out For These Clauses
- Waiving habitability rights — Unenforceable in California
- Automatic rent increases — Check if percentage is legal
- Excessive fees — Late fees, cleaning fees that seem unreasonable
- Mandatory arbitration — Limits your legal options
- "Landlord not responsible for..." — Cannot waive legal responsibilities
- Short notice periods — California minimums apply regardless
- Blanket inspection rights — Landlord must give 24-hour notice
Illegal Clauses
Some lease clauses are unenforceable in California, even if you sign:
- Waiving right to a habitable apartment
- Waiving security deposit return rights
- Waiving right to sue for landlord negligence
- Allowing landlord entry without proper notice
- Requiring tenant to pay attorney fees regardless of who wins a dispute
- Security deposits exceeding legal limits
Before You Sign
Signing Checklist
- Read the entire lease—don't just skim
- Get all verbal promises in writing
- Ask questions about anything unclear
- Keep a signed copy for your records
- Document the unit's condition before moving in