Security deposits: amount and accounting
Civil Code 1950.5(c) generally limits security to one month’s rent in addition to first-month rent. A qualifying natural-person or all-natural-person LLC landlord owning no more than two residential rental properties with no more than four offered units may collect up to two months; that exception does not apply to a prospective service member. The new limit does not apply to security collected or demanded before July 1, 2024, and subsection (c) contains other arrangements. Under 1950.5(h), the landlord generally provides an itemized accounting and returns remaining security within 21 calendar days after vacating, with documentation and good-faith-estimate provisions. Ordinary wear and preexisting damage are excluded by (e); (n) prohibits calling security nonrefundable.
Ask before signing
If the lease deducts for any repainting, how will actual damage beyond ordinary wear be identified? Which exception supports a higher deposit?
Entry: purpose, notice and exceptions
Civil Code 1954 lists permitted entry purposes. Ordinary entry requires reasonable written notice stating the date, approximate time and purpose, during normal business hours. Twenty-four hours is a presumption of reasonable notice, not an unconditional rule for every entry. Mailed notice has a separate six-day presumption; emergencies, consent at entry, abandoned or surrendered premises and specified repair or sale-showing arrangements have exceptions. Access cannot be used to harass.
Ask before signing
What permitted purpose and notice process replaces “at any time for any reason”?
Late fees: do not import a percentage cap
Civil Code 1671(c)–(d) applies a residential liquidated-damages rule rather than the general commercial rule. It describes an exception where fixing actual damage would be impracticable or extremely difficult. This guide does not supply a universal late-fee dollar or percentage cap or approve a fee just because it appears in the lease.
Ask before signing
What loss is the fee intended to cover, and why is this amount appropriate?
Repairs and habitability
The California Attorney General explains that landlords must keep residential units habitable, including working plumbing, heating and electrical systems, weatherproofing and safe floors and stairs. Tenants also have cleanliness and responsible-use duties. Keep written repair requests, replies and dated photos. Do not treat this guide as permission to withhold rent or leave immediately.
2026 stove and refrigerator requirements
For leases entered into, amended or extended on or after January 1, 2026, Civil Code 1941.1(a)(10)–(11) requires a stove in good working order that can safely generate heat for cooking and a refrigerator in good working order that can safely store food. Recalled appliances do not meet those safety standards. Subdivision (b) excludes permanent supportive housing as statutorily defined; single-room occupancy units with exclusive living and sleeping space, including those with shared food preparation facilities; statutorily defined residential hotel units; and units in housing facilities offering shared or communal kitchens, including assisted living facilities. Check whether your unit fits a statutory exception.
A tenant may voluntarily supply the refrigerator
Under section 1941.1(a)(11)(B), landlord and tenant may mutually agree when the lease is signed if the tenant chooses to provide and maintain their own refrigerator. The lease must contain substantially the statutory checkbox acknowledgment that the tenant asked to bring it and is responsible for keeping it in working order. It must also let the tenant give 30 days’ written notice that they no longer wish to keep their own refrigerator; the landlord must install one in good working order by the end of that period. The landlord cannot make supplying a refrigerator a condition of tenancy and is not responsible for maintaining the tenant’s refrigerator.
Ask before signing
Who receives routine and urgent repair requests, and how will receipt be documented?
Leaving and renewal: periodic is not fixed-term
Civil Code 1946 generally describes 30 days’ written tenant notice for month-to-month tenancies, with statutory details about agreements and service. That is not a right to cancel any fixed-term lease. The Attorney General explains that just-cause coverage, exceptions and local protections can limit a landlord’s ability to terminate. Read the applicable notice process and do not assume notice alone permits termination.
Ask before signing
Is this a fixed term or periodic tenancy? What written agreement would release me early, and what remains due?
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Frequently asked questions
Is this clause legal in California?
Exact wording, dates, property coverage, local rules and the facts matter. These sources help you ask questions; an AI flag is not an enforceability decision. Ask a licensed local attorney for advice on your circumstances.
Is the one-month deposit rule exception-free?
No. Section 1950.5(c) contains a qualifying small-landlord exception, a service-member limitation, a pre-July 2024 rule and other arrangements. Check the actual facts and statute.
Does every entry require exactly 24 hours?
No. Section 1954 uses a reasonable-notice presumption and contains distinct rules and exceptions. Ordinary entry is not the same as emergency entry.
Can I end a fixed-term lease with 30 days’ notice?
Do not assume so. The periodic-tenancy notice rule is not a blanket fixed-term cancellation right.