Which disclosures must every California lease include?
Some California disclosures apply to every residential tenancy; others are triggered by the property's age, location, or condition. The core list:
| Disclosure | Governing Authority | Applies To |
|---|---|---|
| Megan's Law (sex-offender database) notice | Civ. Code § 2079.10a | All residential leases |
| Smoking policy | Civ. Code § 1947.5 | All residential leases |
| Bed bug information | Civ. Code § 1954.603 | Before creating a new tenancy |
| Lead-based paint hazard + EPA pamphlet | Title X, 42 U.S.C. § 4852d (federal) | Housing built before 1978 |
| Mold (known/visible) | Health & Safety Code §§ 26147–26148 | When landlord knows of mold |
| Flood hazard | Gov. Code § 8589.45 | Property in a special flood hazard area (landlord's actual knowledge) |
| Death in the unit (prior 3 years) | Civ. Code § 1710.2 | On request / as specified by statute |
| Pest-control service notice | Civ. Code § 1940.8; Bus. & Prof. Code § 8538 | Units under a periodic pest-control contract |
| Former military ordnance (within 1 mile) | Civ. Code § 1940.7 | When landlord has actual knowledge |
| Shared utility meter | Civ. Code § 1940.9 | When a meter serves areas outside the unit |
Local ordinances (for example, rent-control and just-cause cities like Los Angeles, San Francisco, and Oakland) add their own required notices. Verify local requirements for the property's city and county.
The Megan's Law and smoking-policy disclosures (every lease)
Megan's Law (Civ. Code § 2079.10a): Every California lease must contain the statutory notice informing tenants that information about registered sex offenders is available on the California Department of Justice website (meganslaw.ca.gov). The statute provides the exact language, and it must appear in substantially that form.
Smoking policy (Civ. Code § 1947.5): The landlord must disclose the property's smoking policy — whether smoking is prohibited, allowed everywhere, or allowed only in designated areas. If there is no smoking policy in the lease, that itself must be conveyed.
Condition-triggered disclosures: lead paint, mold, bed bugs, and pests
Lead-based paint (federal): For housing built before 1978, the landlord must provide the signed lead-warning disclosure, any known records, and the EPA pamphlet.
Bed bugs (Civ. Code § 1954.603): Before creating a new tenancy, the landlord must give prospective tenants general information about bed bugs — behavior, appearance, and reporting.
Mold (Health & Safety Code §§ 26147–26148): The landlord must provide written disclosure of known or visible mold that exceeds permissible exposure limits or poses a health threat.
Pest control (Civ. Code § 1940.8): If the property is under a periodic pest-control service contract, the landlord must give the tenant a copy of the pest-control company's required notice describing the pests and pesticides used.
Location-triggered disclosures: flood, ordnance, death, and shared meters
Flood hazard (Gov. Code § 8589.45): Since July 2018, if the landlord has actual knowledge that the property sits in a special flood hazard area or an area of potential flooding, the lease must disclose it and advise the tenant to consider flood insurance.
Former military ordnance (Civ. Code § 1940.7): If the landlord actually knows the property is within one mile of a former federal or state military ordnance location, the landlord must disclose it.
Death in the unit (Civ. Code § 1710.2): A landlord generally must disclose a death that occurred in the unit within the prior three years if asked, subject to the statute's exceptions (for example, deaths from HIV/AIDS may not be disclosed).
Shared meter (Civ. Code § 1940.9): If a gas or electric meter also serves common areas or another unit, the landlord must disclose it and agree in writing on how those costs are handled.
Security deposit rules after AB 12 (Civ. Code § 1950.5)
California overhauled its deposit cap with AB 12, effective July 1, 2024:
- Cap: Most landlords may collect no more than one month's rent as a security deposit, whether the unit is furnished or unfurnished.
- Small-landlord exception: A natural-person landlord who owns no more than two residential properties totaling no more than four units may collect up to two months' rent — with a further exception for certain service-member tenants.
- Return: The deposit, minus itemized lawful deductions, must be returned within 21 days of move-out, with an itemized statement and (for deductions over $125) copies of receipts or estimates.
California's tenant-screening/application fee is capped under Civ. Code § 1950.6 at a $30 base that is adjusted for inflation each year (roughly $65 in 2026); a landlord may charge only actual out-of-pocket screening costs and must refund any unused portion. AB 2493 (effective January 1, 2025) further requires that a unit be available and that non-selected applicants be refunded (or a "first qualified applicant" policy be used) — verify the current-year figure and screening rules before charging. For the mechanics of deposits and move-out, see California Lease Agreement Requirements.
What happens if a California landlord skips a required disclosure?
Consequences vary by disclosure, but California courts and statutes treat several as serious:
- Omitting a mandatory disclosure can give the tenant grounds to rescind or break the lease and can bar the landlord from enforcing related provisions.
- Federal lead-paint violations carry civil and potentially criminal penalties plus tenant damages.
- Deposit violations under § 1950.5 can expose a landlord to the withheld amount plus up to twice the deposit in statutory damages for bad-faith retention.
Managing rentals in more than one state? Compare California's long list with the shorter Texas and Florida disclosure checklists, and see the universal baseline in What Every Residential Lease Agreement Must Include.
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Create your California lease agreement →Frequently asked questions
What disclosures are required in a California lease?
At minimum, every California lease must include the Megan's Law notice (Civ. Code § 2079.10a), a smoking-policy disclosure (Civ. Code § 1947.5), and bed bug information (Civ. Code § 1954.603). Depending on the property, the landlord must also disclose lead paint (pre-1978), mold, flood-hazard status, pest-control service, prior deaths, former military ordnance nearby, and shared utility meters.
What is the California security deposit limit in 2026?
Under AB 12, effective July 1, 2024, most landlords may collect no more than one month's rent as a security deposit. A natural-person landlord who owns no more than two residential properties with no more than four units total may collect up to two months' rent (Civ. Code § 1950.5).
Does California require a Megan's Law disclosure in every lease?
Yes. Civil Code § 2079.10a requires the statutory Megan's Law notice — informing tenants that sex-offender information is available at meganslaw.ca.gov — to appear in substantially the prescribed form in every residential lease.
Does a California landlord have to disclose mold or bed bugs?
Yes. The landlord must provide written disclosure of known, visible mold that poses a health threat (Health & Safety Code §§ 26147–26148), and must give prospective tenants general bed bug information before creating a new tenancy (Civ. Code § 1954.603).
How long does a California landlord have to return the security deposit?
Within 21 days after the tenant moves out, the landlord must return the deposit with an itemized statement of any deductions and, for deductions over $125, copies of receipts or estimates (Civ. Code § 1950.5).
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.