California Month-to-Month Lease Overview
California month-to-month lease agreements are governed by the California Civil Code (Division 3, Part 4, Title 5) and the Tenant Protection Act of 2019 (AB 1482). California provides some of the strongest tenant protections in the nation, including rent caps, just-cause eviction requirements for covered properties, and extensive disclosure obligations for landlords.
AB 1482, which took effect January 1, 2020, fundamentally changed month-to-month leasing in California by requiring just-cause for evictions and capping annual rent increases for covered properties (generally apartments 15+ years old not owned by individual landlords). Additionally, many California cities — including Los Angeles, San Francisco, Oakland, and Berkeley — have their own local rent control ordinances that may impose stricter requirements.
30/60 days
Notice to terminate
30/90 days
Rent increase notice
1 month
Security deposit limit
Must be reasonable
Late fee rules
California Month-to-Month Termination Notice Requirements
California has asymmetric notice requirements: tenants must give 30 days’ notice regardless of tenancy length (Civil Code 1946). Landlords must give 30 days’ notice for tenancies under one year, but 60 days’ notice for tenancies of one year or more (Civil Code 1946.1). In cities with just-cause eviction ordinances, additional restrictions may apply.
Important: Written Notice Required
California requires that termination notice be in writing. Verbal notice is generally not sufficient and may not be enforceable in court. Keep a copy of any notice you send or receive, and consider using certified mail or hand-delivery with a witness to prove delivery.
California Rent Increase Notice Periods
Under AB 1482 (the Tenant Protection Act of 2019), annual rent increases for covered properties are capped at 5% plus the local CPI, or 10%, whichever is lower. Landlords must give 30 days’ notice for increases of 10% or less within 12 months, and 90 days’ notice for increases over 10%. Many California cities have additional local rent control ordinances.
How to Create a California Month-to-Month Lease
Follow these steps to create a legally compliant month-to-month lease agreement for California.
Identify the Parties and Property
Include the full legal names of the landlord and all tenants, the complete rental property address (including unit number), and the date the lease begins. Specify that this is a month-to-month tenancy that automatically renews.
Set the Rent and Payment Terms
State the monthly rent amount, the due date, acceptable payment methods, any grace period, and late fee terms. Under California law, be sure to comply with any state requirements for grace periods and late fee limits.
Document the Security Deposit
Record the security deposit amount, how it will be held, conditions for deductions, and the return timeline. California limits security deposits to 1 month and has specific requirements for how and when the deposit must be returned.
Include Notice Requirements
Clearly state the required notice period for termination (30/60 days in California) and rent increases (30/90 days). Include how notice must be delivered (certified mail, hand delivery, etc.) and when the notice period begins.
Add House Rules and Sign
Include provisions for pets, guests, noise, parking, maintenance responsibilities, and any other rules. Both landlord and tenant should sign and date the agreement. Provide copies to all parties.
Official California Resources
Use these official resources to verify California landlord-tenant requirements and access state government information.
Other California Lease Agreement Types
Need a different type of lease agreement for California? We offer state-specific templates for every type of rental arrangement.
California Residential Lease
Standard fixed-term residential lease agreements
California Room Rental Agreement
Rent a room within a shared house or apartment
California Vacation Rental Agreement
Short-term vacation and holiday rental agreements
California Commercial Lease
Office, retail, and commercial space leases
California Sublease Agreement
Sublease your rental unit to another tenant
California Roommate Agreement
Shared living arrangements and expense splitting
California Rent-to-Own Agreement
Lease with option to purchase the property
California Equipment Lease
Business and personal equipment rental agreements
California Land Lease
Agricultural, recreational, and development land leases
California Month-to-Month Lease FAQ
Answers to common questions about California month-to-month lease agreements, notice requirements, and tenant rights.
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