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Sample review

Sample lease review

California12-month lease2-bedroom · $2,850/mo

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Moderate risk

This lease has some issues worth addressing.

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.

SeverityHigh — serious issueMedium — worth addressingInfo — good to know

Red flags

4

Landlord may enter without 24-hour notice

High
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.

What to do

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
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.

What to do

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
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.

What to do

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
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.

What to do

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

3

Standard protections this lease doesn't include — worth asking for in writing.

Medium priority

No repair-and-deduct procedure

California 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.

Good to know

No rent payment grace period specified

Your 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.

Medium priority

No move-in inspection checklist requirement

California 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
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's rules

4

How your lease compares with what your state's tenant law actually allows.

In line with state law

Security deposit limit

Your lease

$5,700 (2x rent)

State law

Maximum 2x monthly rent for unfurnished units (California)

Possible conflict

Notice before landlord entry

Your lease

No notice required (lease language)

State law

Minimum 24 hours written notice required (CA Civil Code § 1954)

Possible conflict

Security deposit return timeline

Your lease

Not specified

State law

21 days after move-out with itemized statement (CA Civil Code § 1950.5)

Possible conflict

Habitability warranty

Your lease

Tenant responsible for repairs under $200

State law

Landlord must maintain habitable conditions regardless of cost (non-waivable)

Questions to ask your landlord

6

Ask these in writing (email is fine) so you have the answers on record.

  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?

Educational information — 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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