Reviewed August 2026 · California
California Lease Agreements
A California lease is constrained on both ends: certain terms are mandatory, and a long list of familiar clauses is void no matter what the tenant signed.
At a glance
- Written lease required
- Over one year
- Translation
- Required if negotiated in 5 languages
- Waiver of habitability
- Void
- Non-refundable deposits
- Not allowed
- Copy to tenant
- Within 15 days of signing
What every lease should contain
- The full legal names of every adult occupant and the landlord or agent.
- The property address and, where applicable, the specific unit.
- Rent amount, due date, accepted payment methods, and where payment goes.
- Term — fixed-term with dates, or month-to-month.
- Security deposit amount and the conditions for its return.
- Late fee terms, if any are to be charged at all.
- Utilities: which are the tenant's responsibility and which are the landlord's.
- The name and address of the person authorized to receive notices and legal process.
- Every required disclosure.
Clauses that are void even if signed
California voids a number of clauses that appear in leases constantly. Signing does not save them:
- Waiver of the implied warranty of habitability.
- Waiver of the right to a jury trial or to notice before eviction.
- Non-refundable deposits or cleaning fees.
- Waiver of the tenant's rights under the security deposit statute.
- A clause making the tenant liable for the landlord's negligence.
- Automatic forfeiture of possession without the statutory process.
- A blanket prohibition on displaying a political sign in the tenant's window or on their door.
- A clause preventing the tenant from calling law enforcement or emergency assistance.
The translation requirement
Where a lease is negotiated primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, the landlord must deliver a written translation of the lease in that language before signing. The English version still governs, but failure to provide the translation gives the tenant the right to rescind.
This applies to how the deal was actually negotiated, not to what language the tenant speaks at home — a lease negotiated in English does not trigger it.
Fixed-term vs. month-to-month
| Fixed-term lease | Month-to-month | |
|---|---|---|
| Rent changes | Only if the lease says so | 30 or 90 days notice |
| Term changes | Only by agreement | 30 days notice |
| Tenant ends it | At expiration, or per the lease | 30 days notice |
| Landlord ends it | At expiration, subject to just cause | 30/60 days, subject to just cause |
A fixed-term lease that runs out without either party acting generally converts to a month-to-month tenancy on the same terms. If AB 1482 covers the property, that conversion does not reset just-cause protection — the clock runs on occupancy, not on the paperwork.
Common questions
Does a California lease have to be in writing?
A lease for a term longer than one year must be in writing to be enforceable. Shorter terms and month-to-month tenancies can be oral, but a written lease is strongly preferable — and certain disclosures must be written regardless.
Can a lease waive the warranty of habitability?
No. That waiver is void as a matter of public policy, along with waivers of the right to notice before eviction, waivers of security deposit rights, and non-refundable deposits.
Does a lease have to be translated?
Yes, when the lease was negotiated primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean. A written translation must be given before signing, and failing to provide one gives the tenant a right to rescind.
Sources
This is general information, not legal advice. California law changes every year and local ordinances often go further than state law. Check your city and county rules, and talk to a California attorney before acting on anything here.