California has one of the most extensive lease disclosure requirements of any state. Most of these are not optional and are not cured by the tenant signing the lease anyway — some must be delivered in a specific form before the tenant signs. Others create ongoing obligations.
This checklist covers what California landlords are required to disclose and when. It is organized by what applies to every rental versus what depends on the property.
Required for every residential rental in California
Megan’s Law notice
Every California residential lease or rental agreement must include this statement (or a substantially similar version):
“Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.”
This notice is a statutory requirement for every lease, not just in areas of concern. Omitting it does not void the lease but does expose the landlord to liability.
Bed bug disclosure
Before signing a lease with a new tenant, landlords must give a written disclosure that includes:
- General information about bed bug identification and behavior
- The landlord’s obligation to respond to bed bug reports
- The tenant’s obligation to report bed bug evidence to the landlord
The California Department of Consumer Affairs publishes a bed bug brochure that satisfies this requirement. The disclosure must be given before the lease is signed. The obligation also applies when a tenant renews a rental agreement.
Note that the disclosure does not require the landlord to inspect for bed bugs. It is a factual notice about what bed bugs are and what both parties are obligated to do if they appear.
Smoking policy disclosure
If the rental property prohibits smoking, the lease must include a written disclosure identifying the areas where smoking is prohibited. If smoking is permitted in some outdoor areas (such as a designated smoking section), the lease should specify where.
The disclosure must be in writing and must be in the lease or attached to it. A verbal smoking policy does not satisfy this requirement.
Shared utilities disclosure
If a rental unit shares gas or electricity with a common area or another unit — meaning the tenant’s meter is not separate from the landlord’s or from another tenant’s meter — the landlord must disclose this in the lease and provide a formula for how charges will be allocated.
This applies to situations where a single utility account covers both the unit and hallway lighting, for example, or where a duplex has a shared water heater on one meter. The allocation method must be in writing and in the lease.
Carbon monoxide detector and smoke alarm notice
California requires working smoke alarms and carbon monoxide detectors in all residential rental units (Health & Safety Code §§ 13113.7, 17926). Landlords must ensure these are installed and functional at the time of occupancy. Many landlords include a disclosure in the lease confirming the devices are in place and explaining the tenant’s obligation to maintain them. While not always phrased as a statutory disclosure requirement, including it in the lease protects the landlord if a device is later found missing or non-functional.
Required for properties built before 1978
Lead paint disclosure
Federal law (the Residential Lead-Based Paint Hazard Reduction Act) requires landlords renting residential units in buildings constructed before 1978 to:
- Provide tenants with the EPA pamphlet “Protect Your Family From Lead in Your Home”
- Disclose any known lead-based paint hazards in the property
- Give tenants a 10-day opportunity to conduct a lead inspection or risk assessment at their own expense (tenants may waive this in writing)
- Have both landlord and tenant sign an EPA-approved disclosure form
This is a federal requirement, not just California law, and the penalties for non-compliance are substantial — up to $11,000 per violation enforced by EPA.
The disclosure form must be kept for at least three years. If you do not know whether lead-based paint is present, you disclose that you have no knowledge of lead-based paint on the property — the requirement is to disclose what you know, not to test.
Required when specific conditions exist at the property
Mold disclosure
If a landlord knows of visible mold or toxic mold conditions in a rental unit or common area, they must disclose this to the tenant before the tenant takes possession. Health & Safety Code § 26147 requires landlords to give tenants the California Department of Public Health’s booklet “Information on Dampness and Mold for Renters in California.”
The booklet obligation applies when the landlord knows or has reasonable cause to believe that mold is present. A mold disclosure is not required if the landlord has no knowledge of mold — but if a prior tenant complained about mold and you did not remediate it, that knowledge carries forward.
Flood zone disclosure
California law requires landlords to disclose to tenants if the rental property is located in a Special Flood Hazard Area (SFHA) as designated by FEMA (Government Code § 8589.45). If the property is in a designated flood zone, this must be in the lease or as a written addendum.
You can check whether a property is in a SFHA at the FEMA Flood Map Service Center (msc.fema.gov). Many properties in low-lying areas near rivers, bays, or coastal zones in California are in SFHAs.
Death on the property
California requires landlords to disclose a death that occurred on the property within the past three years if the tenant asks. If no one asks, disclosure is not required. The one exception: deaths related to HIV/AIDS are specifically excluded from disclosure requirements regardless of how recently they occurred.
Best practice: if a tenant asks directly about deaths on the property, answer truthfully about any death within the past three years.
Demolition permit notice
If the landlord has applied for or received a permit to demolish the rental unit, California law requires disclosing this to prospective tenants before they sign a lease. The notice must include the approximate date the demolition is scheduled.
Methamphetamine contamination
If a property has been identified as a methamphetamine contamination site and has not been decontaminated to the standards required by Health & Safety Code § 25400.28, the landlord must disclose this prior to signing the lease.
AB 1482 exemption notice (single-family homes and condos)
If you own a single-family home or condominium and wish to preserve the exemption from AB 1482’s rent cap and just-cause eviction requirements, you must include the following statutory notice in the lease:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and lawful eviction protections of Section 1946.2 of the Civil Code.”
Without this notice, the SFH or condo exemption does not apply even if the property would otherwise qualify. See California rent increase limits and AB 1482 for details.
How to deliver disclosures and keep records
Most California disclosure requirements can be satisfied by including the required language in the lease itself or in a signed addendum. For some (lead paint, bed bugs), a specific form or pamphlet must accompany the lease.
Best practices:
- Have tenants sign and date each disclosure separately so you have a clear record
- Keep copies of all disclosures for at least three years after the tenancy ends
- Use a checklist at lease signing to confirm each required item was covered
- For lead paint, retain the signed EPA disclosure form specifically
Failure to provide required disclosures does not always void the lease, but it can expose the landlord to damages, voided lease provisions, and in some cases substantial civil penalties.
General information, not legal advice
California disclosure law changes periodically and varies based on property characteristics and location. For new construction disclosures, rent-controlled cities, or properties with known environmental issues, consult a California landlord attorney before signing leases.
- Civil Code § 2079.10(a) Megan's Law notice required in every California residential lease
- Civil Code § 1954.603 Bed bug written disclosure required before lease signing View official source ↗
- Civil Code § 1947.5 Smoking policy must be disclosed in writing in the lease View official source ↗
- Civil Code § 1940.9 Shared utility arrangements must be disclosed in the lease with allocation formula View official source ↗
- 42 U.S.C. § 4852d Federal lead paint disclosure for all pre-1978 residential buildings View official source ↗
- Civil Code § 1940.8 / H&S Code § 26147 Mold disclosure and DPH brochure required when landlord knows of toxic mold
- Civil Code § 1710.2 Death on property within 3 years must be disclosed if tenant asks
- Civil Code § 1946.2 / 1947.12 AB 1482 exemption notice required in SFH and condo leases to preserve exemption
Frequently asked questions
What disclosures are required in every California residential lease?
Every California residential lease requires a Megan's Law notice, a bed bug written disclosure, and a smoking policy disclosure. If utilities are shared between units or with common areas, a shared utility disclosure is also required. Properties built before 1978 additionally require the federal lead paint disclosure and EPA pamphlet.
Is the lead paint disclosure required for all California rentals?
No, only for buildings constructed before 1978. The requirement is federal, not just California law, and it requires providing the EPA pamphlet, disclosing any known lead-based paint, giving the tenant a 10-day inspection opportunity, and having both parties sign an EPA-approved disclosure form.
Do I have to disclose if someone died in the rental unit?
Only if the tenant asks, and only if the death occurred within the past three years. Deaths related to HIV/AIDS are specifically exempt from this disclosure requirement. If no one asks, there is no obligation to volunteer this information.
What is the AB 1482 exemption notice and when do I need it?
If you own a single-family home or condominium and want to preserve the exemption from AB 1482's rent cap and just-cause eviction rules, you must include specific statutory language in the lease. Without that notice, the exemption does not apply even if the property would otherwise qualify.
What happens if a California landlord fails to provide required disclosures?
Consequences vary by which disclosure was missed. The federal lead paint violation carries penalties up to $11,000 per violation. Other failures can expose landlords to actual damages and, in some cases, allow tenants to void specific lease provisions. Missing disclosures are not cured by the tenant having signed the lease.
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