How to Review Your Lease

Before signing any lease agreement, carefully review these key sections:

Essential Sections to Review

• ✓Rent Amount: Verify the monthly rent, when it's due, and accepted payment methods
• ✓Lease Term: Check the start and end dates, and whether it's month-to-month or fixed-term
• ✓Security Deposit: Confirm the amount (max 2 months' rent for unfurnished, 3 months for furnished)
• ✓Pet Policy: Understand pet fees, deposits, and restrictions
• ✓Maintenance Responsibilities: Know who's responsible for what repairs
• ✓Entry Rights: Verify landlord must give 24 hours' notice before entering
• ✓Subletting Policy: Check if subletting is allowed and under what conditions
• ✓Early Termination: Understand penalties for breaking the lease early
• ✓Renewal Terms: Know how lease renewal works and notice requirements
• ✓Rules and Restrictions: Review all building rules, parking policies, and restrictions

Your Rights (Even If Not in the Lease)

California law gives you certain rights that cannot be waived, even if your lease says otherwise:

Non-Waivable Rights

• ✓Warranty of Habitability: Right to a safe, livable home (Civil Code Section 1941.1)
• ✓Privacy Rights: Landlord must give 24 hours' notice before entering (Civil Code Section 1954)
• ✓Security Deposit Limits: Maximum 2-3 months' rent depending on furnishings
• ✓Retaliation Protection: Landlord cannot retaliate for exercising your rights
• ✓Discrimination Protection: Protected classes cannot be discriminated against
• ✓Repair and Deduct: Right to repair and deduct for habitability issues (with proper notice)
• ✓Rent Control: If applicable, protection under AB 1482 or local rent control
• ✓Just Cause Eviction: Protection from eviction without valid reason (for covered properties)

Red Flags in Lease Agreements

Watch out for these problematic terms that may be illegal or problematic:

Illegal Clauses

• ✓Waiver of Habitability: Any clause saying landlord isn't responsible for repairs
• ✓Excessive Late Fees: Late fees must be reasonable (typically $50-100 max)
• ✓Automatic Lease Renewal: Leases cannot automatically renew without your consent
• ✓Waiver of Right to Jury Trial: Illegal in California
• ✓Excessive Security Deposit: More than 2-3 months' rent is illegal
• ✓Unreasonable Guest Restrictions: Cannot unreasonably restrict guests
• ✓Prohibition on Organizing: Cannot prohibit tenant organizing or unionizing
• ✓Liability Waivers: Cannot waive landlord's liability for negligence

Problematic (But Not Always Illegal) Clauses

• ✓Excessive Cleaning Requirements: Unreasonable move-out cleaning standards
• ✓Vague Maintenance Responsibilities: Unclear who's responsible for what
• ✓Restrictive Pet Policies: Very high pet fees or breed restrictions
• ✓Short Notice for Entry: Less than 24 hours' notice (illegal, but sometimes included)
• ✓Automatic Rent Increases: Rent increases without proper notice

Lease Agreement Templates

While landlords typically provide the lease, it's helpful to know what a proper California lease should include. Here are resources for understanding lease templates:

Renewing Your Lease

When your lease is coming to an end, you have several options:

Your Options

• ✓Renew for Another Term: Sign a new fixed-term lease
• ✓Go Month-to-Month: Continue renting on a month-to-month basis
• ✓Move Out: Give proper notice and find a new place
• ✓Negotiate Terms: Try to negotiate rent, lease length, or other terms

Notice Requirements

• ✓Fixed-Term Lease: No notice needed if lease ends - you must move out unless renewed
• ✓Month-to-Month: 30 days' written notice to terminate (either party)
• ✓Rent Increase: 30 days' notice for increases under 10%, 60 days for over 10%

Negotiating Renewal

Before renewing, consider negotiating:

• ✓Rent amount (especially if market rates have changed)
• ✓Lease length (shorter or longer term)
• ✓Pet policies (if you want to get a pet)
• ✓Maintenance improvements
• ✓Parking or storage

Breaking Your Lease

Sometimes you need to move before your lease ends. Here's when you can break your lease legally:

Legal Reasons to Break a Lease

• ✓Domestic Violence: Victims can break lease with 14 days' notice (Civil Code Section 1946.7)
• ✓Uninhabitable Conditions: If landlord won't fix serious habitability issues
• ✓Military Deployment: Active duty military with deployment orders
• ✓Senior Housing: If you're 65+ and moving to senior housing
• ✓Landlord Harassment: If landlord violates your privacy or harasses you
• ✓Constructive Eviction: If conditions force you to move out

Breaking Lease Without Legal Reason

If you need to break your lease for other reasons:

• ✓Give Proper Notice: Typically 30 days' written notice
• ✓Pay Remaining Rent: You may owe rent until unit is re-rented
• ✓Re-Rental Duty: Landlord must make reasonable efforts to re-rent
• ✓Mitigation: You only pay for time unit is vacant (if landlord tries to re-rent)
• ✓Negotiate: Try to negotiate a buyout or find a replacement tenant

Get Help

If you have questions about your lease or need legal help: