CA · Renter law

Which lease clauses are illegal in California?

California’s Civil Code caps deposits and application fees and treats many flat fees as void penalties. Here’s what each problem clause looks like and what the statute says.

Updated October 15, 2026 · 8min read · How we check the law

The short answer

In California, a lease can’t require a deposit over one month’s rent (counting last month’s rent and pet deposits), make any of the deposit non-refundable, charge an application fee above the $30 inflation-adjusted cap, or allow entry without reasonable written notice (24 hours is presumed reasonable). Flat late fees and fixed lease-break fees are void penalties unless they reflect a genuine estimate of hard-to-calculate losses (Cal. Civ. Code §§ 1950.5, 1950.6, 1954, 1671).

Below are 9 lease clauses that California law voids or limits, each with an example of how it tends to read in a real lease and the statute behind it. A landlord can still print them; what the law decides is whether they can be enforced against you.

9 lease clauses that break California law

1. A deposit over one month’s rent, whatever it’s called

Lease language to watch for
“Tenant shall pay a security deposit of $3,000, last month’s rent of $3,000, and a pet deposit of $500.”
What the law saysCal. Civ. Code § 1950.5
A landlord may not collect a deposit greater than one month’s rent, furnished or not, however it’s labeled: security, last month’s rent, cleaning, pet deposit or any combination. A small landlord (a natural person owning no more than two rental properties with four units total) may collect up to two months, but not from a service member.
Read the official text

More detail: California security deposit limit.

2. A “non-refundable” deposit, or a slow return

Lease language to watch for
“$500 of the security deposit is non-refundable and will be retained for cleaning.”
What the law saysCal. Civ. Code § 1950.5
Within 21 days after you move out, the landlord must give you an itemized statement of deductions and return the rest. Deductions are limited to unpaid rent, cleaning back to move-in condition, and damage beyond ordinary wear and tear. Bad-faith retention can cost the landlord up to twice the deposit.
Read the official text

More detail: California security deposit limit.

3. An oversized application fee

Lease language to watch for
“Application fee: $75 per applicant, non-refundable.”
What the law saysCal. Civ. Code § 1950.6
An application screening fee is capped at $30 per applicant, adjusted only for inflation since 1998, and may cover only the real cost of the screening report and the landlord’s time. You’re owed an itemized receipt, and any unused part must be returned if no check is run.
Read the official text

4. A flat late fee not tied to real costs

Lease language to watch for
“A late fee of $100 shall be due on any rent not received by the 3rd, regardless of Landlord’s actual damages.”
What the law saysCal. Civ. Code § 1671
In a residential lease, a fixed charge for breaching the lease, such as a late fee, is void unless it’s a genuine advance estimate of the landlord’s actual loss and that loss would be extremely hard to calculate. California has no percentage safe harbor, so a flat or punitive late fee is often an unenforceable penalty.
Read the official text

More detail: California late fee rules.

5. A fixed fee for breaking the lease

Lease language to watch for
“If Tenant vacates before the end of the term, Tenant shall pay an early termination fee equal to two months’ rent.”
What the law saysCal. Civ. Code § 1671
The same rule covers a predetermined lease-break or reletting fee. A landlord’s loss from an early move-out can be calculated (rent until the unit is relet, less what could reasonably be avoided), so a fixed lease-break charge is generally a void penalty.
Read the official text

6. Entry without 24 hours’ written notice

Lease language to watch for
“Landlord may enter the unit at any time, with or without Tenant present.”
What the law saysCal. Civ. Code § 1954
A landlord may enter only for listed reasons such as repairs, showings or an emergency, with reasonable written notice stating the date, approximate time and purpose. 24 hours is presumed reasonable, and entry must be during normal business hours.
Read the official text

7. Giving up the repair-and-deduct remedy

Lease language to watch for
“Tenant shall not make any repairs and deduct the cost from rent under any circumstances.”
What the law saysCal. Civ. Code § 1942.1Cal. Civ. Code § 1942
When a landlord doesn’t fix a condition that makes the unit untenantable, you may repair it and deduct up to one month’s rent, up to twice a year. A lease waiving that remedy is void. A lease can still assign you ordinary upkeep like filters and light bulbs.
Read Cal. Civ. Code § 1942.1Read Cal. Civ. Code § 1942

8. Lockouts and utility shutoffs on default

Lease language to watch for
“Upon default, Landlord may change the locks and discontinue utilities.”
What the law saysCal. Civ. Code § 789.3
A landlord may not shut off utilities, change the locks, remove doors or windows, or remove your belongings to force you out. Each violation costs the landlord actual damages plus up to $100 a day, with a $250 minimum per violation, and attorney’s fees.
Read the official text

9. Penalties for complaining or requesting repairs

Lease language to watch for
“Landlord may terminate this tenancy if Tenant files a complaint with any government agency.”
What the law saysCal. Civ. Code § 1942.5
A landlord may not evict, raise the rent or cut services within 180 days because you complained about conditions, requested repairs, used repair-and-deduct, or organized with other tenants. Any waiver of this protection is void.
Read the official text

It helps to know what isn’t a violation, so you can spend your negotiating energy on the lines that are. These terms are lawful in California:

  • Two months’ deposit from a small landlord. A landlord who is a natural person (or an LLC of natural persons) owning no more than two rental properties with four units total may collect up to two months’ rent, unless you’re a service member. (Cal. Civ. Code § 1950.5)
  • A no-sublet clause, at the state level. California has no statute voiding an ordinary no-sublet clause; the lease controls statewide. Some cities, such as San Francisco, Los Angeles and Oakland, add local protections. (Cal. Gov. Code § 12955)

If your lease has one of these clauses

Before you sign: ask for the line to be removed or rewritten, and quote the citation from the card above. Something like: “This clause conflicts with California law, so I’d like it struck before I sign.” How a landlord responds tells you a lot about renting from them.

After you’ve signed: a clause the law voids doesn’t become enforceable because it’s in a lease you signed. If a landlord tries to enforce one, a short written reply citing the statute is usually the first step. For an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.

If one of these is in your lease, it’s worth checking the rest, including the addenda and rules pages, which can carry problem clauses as easily as the main form.

See everything we check in a California lease

Questions renters ask

Is a pet deposit legal in California?

Only inside the one-month cap. California counts every deposit together, whatever it’s called, so a pet deposit on top of a full one-month security deposit exceeds the limit (unless the small-landlord exception applies).

Are late fees legal in California?

Only if the amount is a genuine advance estimate of the landlord’s real losses from a late payment, and those losses would be extremely hard to calculate. California has no percentage safe harbor, so many flat late fees are unenforceable penalties.

Do city rent control rules change what’s legal in my lease?

They can. Los Angeles, San Francisco, Oakland, Berkeley, San Jose and several other cities add rent caps and just-cause eviction rules on top of state law. Our scan applies those city rules when you pick your city.

Sources & statutes

More for California renters

Keep reading

LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.