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Sample Lease Review
Typical California apartment lease · 2-bedroom · $2,850/month
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This lease has some issues worth addressing before signing.
This is a typical California apartment lease with several tenant-unfavorable clauses that are worth addressing before you sign. The landlord entry clause violates state law and should be corrected. The security deposit provisions are aggressive but likely enforceable. Two missing protections (habitability warranty notice procedure and repair-and-deduct rights) are worth negotiating in writing.
Red Flags
4🚨 Landlord may enter without 24-hour notice
High severity“"Landlord reserves the right to enter the premises at any time to inspect, make repairs, or show the unit to prospective tenants or buyers."”
California Civil Code § 1954 requires landlords to give at least 24 hours written notice before entry, except in genuine emergencies. This clause directly contradicts state law and cannot be enforced as written — but it signals a landlord who may not respect your privacy rights.
Ask the landlord to replace this clause with language that conforms to California Civil Code § 1954: 24-hour written notice required except for emergencies. If they refuse to correct it, that's a red flag about how they'll behave as a landlord.
🚨 Non-refundable "cleaning fee" buried in lease
High severity“"Tenant agrees to pay a non-refundable cleaning fee of $350 upon move-in, separate from the security deposit."”
California law limits what landlords can charge at move-in: first month's rent, last month's rent, and a security deposit equal to 2x the monthly rent for unfurnished units. Non-refundable fees labeled as "cleaning fees" may be disguised security deposit overages. If total upfront charges exceed the statutory limit, this clause is unenforceable.
Calculate whether your total move-in charges (first month + last month + security deposit + this fee) exceed the statutory limit. If they do, the fee is likely unenforceable. Consult your local tenant rights organization.
⚠️ Automatic renewal with 60-day tenant notice requirement
Medium severity“"This lease shall automatically renew for successive 12-month terms unless Tenant provides written notice of non-renewal at least 60 days prior to lease expiration."”
California law requires landlords to give tenants 30-60 days notice to vacate (depending on tenancy length), but does not require tenants to give 60 days notice to not renew. A 60-day requirement is unusually long and easy to miss — resulting in an unwanted additional year of lease.
Set a calendar reminder 75+ days before your lease end date. Ask the landlord to reduce this to 30 days to match standard practice, or negotiate a month-to-month conversion option after the initial term.
⚠️ Tenant responsible for all repairs under $200
Medium severity“"Tenant shall be responsible for all repairs costing less than $200, including but not limited to plumbing fixtures, light fixtures, and appliance maintenance."”
California landlords have a non-waivable duty to maintain habitable conditions regardless of repair cost. While tenants can agree to handle minor maintenance (like replacing light bulbs), a blanket repair obligation up to $200 may conflict with the implied warranty of habitability if it applies to essential systems.
Clarify in writing what specific items are covered by this clause. Cosmetic maintenance (light bulbs, air filters) is reasonable. But plumbing fixtures and appliances that affect habitability should remain the landlord's responsibility.
Missing Protections
3No repair-and-deduct procedure
MediumCalifornia Civil Code § 1942 allows tenants to repair habitability defects and deduct the cost from rent (up to one month's rent) when landlords fail to act within a reasonable time. Your lease doesn't acknowledge this right. While it exists by law, having it documented can prevent disputes.
No rent payment grace period specified
LowYour lease states rent is due on the 1st with a late fee after that date. California law allows landlords to charge late fees, but many leases include a 3-5 day grace period. Without one, you could be charged a late fee for a payment that arrives on the 2nd due to banking delays.
No move-in inspection checklist requirement
MediumCalifornia Civil Code § 1950.5 requires landlords to offer a pre-move-out inspection. Best practice is also to conduct a joint move-in inspection and document existing damage in writing to protect your deposit. Your lease doesn't mention this procedure.
Key Terms Explained
6| Term | Your Lease Says | What It Means |
|---|---|---|
| Monthly Rent | $2,850/month | Due on the 1st of each month. Late fee of $150 applies after the 1st. No grace period specified in the lease. |
| Security Deposit | $5,700 (2x monthly rent) | Maximum allowed by California law for unfurnished units. Must be returned within 21 days of move-out with itemized deductions. |
| Lease Term | 12 months (auto-renews) | Initial term ends [DATE]. Automatically renews for 12-month terms unless you give 60 days written notice — set a reminder. |
| Pet Policy | No pets allowed | Strict no-pet policy. Note: California law requires landlords to allow emotional support animals (ESAs) as reasonable accommodations under the Fair Employment and Housing Act, even in no-pet buildings. |
| Subletting | Prohibited without written consent | You cannot sublet or assign the lease without prior written landlord approval. Violating this is a lease termination ground. Airbnb/short-term rentals would also be prohibited. |
| Utilities | Tenant pays all utilities | Electricity, gas, water, trash, and internet are all tenant responsibility. Budget accordingly — typical additional cost is $150-300/month for this unit size. |
Your State-Specific Rights
4Security deposit limit
✓ OK$5,700 (2x rent)
Maximum 2x monthly rent for unfurnished units (California)
Notice before landlord entry
✗ ConcernNo notice required (lease language)
Minimum 24 hours written notice required (CA Civil Code § 1954)
Security deposit return timeline
✗ ConcernNot specified
21 days after move-out with itemized statement (CA Civil Code § 1950.5)
Habitability warranty
✗ ConcernTenant responsible for repairs under $200
Landlord must maintain habitable conditions regardless of cost (non-waivable)
Questions to Ask Your Landlord
6Ask these questions before signing. Get the answers in writing (email is fine).
- 1
Will you correct the entry notice clause to comply with California Civil Code § 1954 (24 hours written notice)?
- 2
Is the $350 cleaning fee separate from the security deposit, and what is the total of all move-in charges — does it comply with California's statutory limit?
- 3
Can you reduce the lease non-renewal notice period from 60 days to 30 days?
- 4
What specific items are covered by the "tenant responsible for repairs under $200" clause? Does it include plumbing or HVAC systems?
- 5
Can we schedule a joint move-in inspection and document existing damage in writing before I take possession?
- 6
What is the policy on emotional support animals (ESAs), given California law requires reasonable accommodation?
Not legal advice
This review is provided for informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. ReadYourLease is not a law firm. Tenant laws vary by state, city, and circumstance — and laws change. For advice about your specific legal situation, consult a licensed attorney in your state.
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