Required Disclosures in a California Residential Lease
A California residential lease must include several statutory disclosures. Most leases need the Megan's Law notice (Civil Code § 2079.10a), the flood disclosure (Government Code § 8589.45), the bed bug notice (Civil Code § 1954.603), and either the rent cap notice or the exemption statement (Civil Code §§ 1946.2(f), 1947.12(d)(5)). Homes built before 1978 add the federal lead paint disclosure; other notices apply only in specific situations.
At a glance
| Item | Rule |
|---|---|
| Laws | Several Civil Code sections, Government Code § 8589.45, and federal lead rules (42 U.S.C. § 4852d; 40 CFR part 745) |
| Timing | Most go in the lease or are given before the tenancy begins; a few are due before signing or before taking a screening fee |
| Type size | Megan's Law and flood: at least 8-point; bed bugs: at least 10-point; tenant protection notice: at least 12-point |
| Translation | The § 1946.2(f) notice and the flood disclosure are subject to the Civil Code § 1632 translation rule |
Disclosures most leases need
| Disclosure | What it requires | Law |
|---|---|---|
| Megan's Law database | Every lease of single-family residential property, and of multi-unit property with more than four units, entered into on or after July 1, 1999, must contain the statutory notice in at least 8-point type (text below). Giving it satisfies the duty regarding offender proximity. The statute's text does not list 2 to 4 unit buildings. | Civil Code § 2079.10a |
| Flood hazard | Every residential lease entered into on or after July 1, 2018 must disclose, in at least 8-point type: (1) that the property is in a special flood hazard area or area of potential flooding, if the owner has actual knowledge; (2) that the tenant can get hazard information from the state's MyHazards tool, with its web address; (3) that the owner's insurance does not cover the tenant's possessions, and renter's and flood insurance are recommended; (4) that the owner need not provide more flood information. | Government Code § 8589.45 |
| Bed bugs | Before creating a new tenancy (on and after July 1, 2017), give a written notice in at least 10-point type with the statutory "Information about Bed Bugs" text and the procedure for reporting suspected infestations. | Civil Code § 1954.603 |
| Mold booklet | Before signing, give prospective tenants the California Department of Public Health booklet on the health risks of mold. CDPH states the requirement has applied since January 1, 2022. | Health and Safety Code § 26148 |
| Rent cap and just cause, or exemption | A covered property gives the § 1946.2(f) tenant notice, in at least 12-point type, beginning "California law limits the amount your rent can be increased." An exempt single-family home or condo instead needs the exact statutory exemption statement, which must be in the lease for tenancies commenced or renewed on or after July 1, 2020. | Civil Code §§ 1946.2(f), 1947.12(d)(5), 1946.2(e)(8) |
For flood purposes, actual knowledge includes written notice from a public agency, a lender requiring flood insurance, or the owner carrying flood insurance. The state's tool is MyHazards (opens in a new tab).
The Megan's Law notice for contracts on or after April 1, 2006 reads: "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 the offender resides."
For the tenant protection notice and the exemption statement in detail, see the California rent cap.
Lead-based paint (homes built before 1978)
Federal law covers "target housing": housing built before 1978, excluding 0-bedroom units and housing for the elderly or disabled unless a child under 6 lives there. Before the tenant is obligated under the lease, the landlord must:
- give the EPA pamphlet Protect Your Family From Lead in Your Home (or an EPA-approved equivalent);
- disclose any known lead-based paint or lead-based paint hazards;
- provide available records and reports.
The lease must include, as an attachment or in the body, the Lead Warning Statement, the lessor's disclosure, a list of records, the tenant's acknowledgment, an agent statement where an agent is involved, and signatures and dates. The lessor and the agent keep the signed disclosure for at least three years from the start of the lease.
Exempt: housing certified lead-free; short-term leases of 100 days or less with no renewal possible; and renewals where everything was already disclosed and nothing is new. (42 U.S.C. § 4852d; 40 CFR §§ 745.101, 745.103, 745.107, 745.113)
Disclosures that depend on the property
| Disclosure | When it applies | Law |
|---|---|---|
| Former military ordnance | The landlord has actual knowledge of a former federal or state ordnance location within one mile. Written notice to a prospective tenant before the lease is signed. No duty to investigate. | Civil Code § 1940.7 |
| Pest control | There is a contract for periodic pest control service. Give each new tenant a copy of the pest control company's notice. | Civil Code § 1940.8 |
| Demolition permit | The owner has applied for a demolition permit. Written notice of the earliest approximate demolition date and tenancy end date, to a prospective tenant before signing or accepting any fee, and to current tenants before applying. Civil penalty up to $2,500 plus actual damages. | Civil Code § 1940.6 |
| Smoking policy | Smoking is prohibited on the property. Leases entered into on or after January 1, 2012 must specify the areas where smoking is prohibited. Adding a ban to an existing pre-2012 lease is a change of terms requiring § 827 notice. | Civil Code § 1947.5 |
| Shared utility meters | Gas or electric service through the tenant's meter serves areas outside the unit and the landlord knows it. Disclose before the tenancy begins (or on discovery) and sign a written payment agreement or make other written arrangements. | Civil Code § 1940.9 |
| Refrigerator opt-out | Only if the tenant asks to supply their own refrigerator (leases from January 1, 2026). The lease needs the statutory checkbox statement and must let the tenant request a refrigerator on 30 days' written notice. The tenancy cannot be conditioned on it. | Civil Code § 1941.1(a)(11) (AB 628) |
| Higher deposit for a service member | A service member charged a higher-than-standard deposit (on or after April 1, 2025) gets a written statement of the amount and reason by lease signing, and the lease states the return date. | Civil Code § 1950.5(c)(4) |
What is not a disclosure mandate
Deaths on the property. Civil Code § 1710.2 is a safe harbor, not a disclosure requirement. An owner or agent need not disclose a death that occurred more than three years before the offer to rent, or that an occupant had HIV or died of AIDS-related causes. It does not protect an intentional misrepresentation in answer to a direct question about deaths. It does not itself require disclosing a death within three years; ask counsel whether any other rule does.
Known mold above exposure limits. Health and Safety Code § 26147 calls for written disclosure of known mold that exceeds permissible exposure limits. It is written to be inoperative until the California Department of Public Health adopts those limits, and CDPH has not done so, so this duty is not in effect. The separate mold booklet under § 26148 is required (see the table above).
Offers and notices due during the tenancy
Some duties are owed during the tenancy rather than in the lease:
- Positive rent reporting (Civil Code § 1954.07, AB 2747): covered landlords must offer to report positive rent payments to at least one consumer reporting agency, at signing for leases from April 1, 2025 and at least annually after that. Many small landlords are exempt (see the FAQ below).
- Bulk internet opt-out (Civil Code § 1942.8, AB 1414): for tenancies commenced, renewed or continuing month-to-month on or after January 1, 2026, the tenant may opt out of paying for a third-party internet subscription offered with the tenancy.
- Deposit notices: written notice of the right to a pre-move-out inspection, and of the right to electronic deposit return (Civil Code § 1950.5(f), (h)(1)(A)). See security deposits.
Recent and upcoming changes
- January 1, 2026: the § 1946.2(f) notice may now go in the lease itself (AB 1529).
- January 1, 2027: rental ads with digitally altered or AI-generated images need a disclosure and the original image or a link to it (Civil Code § 1940.11, AB 2025).
- April 1, 2027: every landlord must have a written pet policy, link it in listings and give a copy with every rental application, with a space to acknowledge receipt (Civil Code § 1942.7.5, SB 1296). See pets and assistance animals.
What owners should do
- Use a lease form that already contains the Megan's Law notice, the flood disclosure and the correct rent cap notice or exemption statement, in the required type sizes.
- Check the year built. For a pre-1978 home, complete the lead disclosure and give the pamphlet before the tenant is bound, and keep the records three years.
- Attach the bed bug notice to every new tenancy.
- Check the conditional list above for each property.
- If the lease was negotiated mainly in another language, review Civil Code § 1632 with counsel.
- Calendar the notices owed later.
- Keep a record of what each tenant received and signed; a move-in and move-out checklist helps.
What tenants should know
- You should receive these disclosures before or at signing. Ask for any that are missing.
- The rent cap notice or exemption statement tells you whether the statewide rent cap and just-cause rules apply to your home.
Step-by-step guides
For the practical side of this rule, see these guides in the California Rental Handbook:
- Lease Signing Day: A Checklist for California Owners and Renters
- When a California Lease Must Be Translated (Civil Code § 1632)
- Signing a California Lease: Copies, E-Signatures and Who Signs
- Smoking and Vaping Clauses in California Rentals
- The HOA Rules Addendum: Binding Tenants to CC&Rs and House Rules
Local rules
Some California cities add local rules, and sometimes local notices, on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.
This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.
McKee Properties manages rentals from its Coronado office; contact us with questions about your property.
Frequently asked questions
Does a single-family home lease need the Megan's Law notice?
Yes. Civil Code § 2079.10a expressly covers every lease of single-family residential property entered into on or after July 1, 1999, and requires the statutory notice in at least 8-point type. It also covers multi-unit property with more than four units.
Is a landlord required to disclose a death in the home?
California's statute on this, Civil Code § 1710.2, is a safe harbor rather than a mandate. It says an owner need not disclose a death more than three years before the offer to rent, and it does not protect a false answer to a direct question. It does not itself require disclosing a more recent death.
Do I have to give tenants a mold booklet?
Yes. Health and Safety Code § 26148 requires residential landlords to give prospective tenants the Department of Public Health's consumer booklet on mold before the lease is signed, and CDPH states the requirement has applied since January 1, 2022. The separate duty to disclose known mold above exposure limits (§ 26147) is not yet in effect.
Does every landlord have to offer rent reporting?
No. A landlord of a building with 15 or fewer units is exempt unless it both owns more than one residential rental building and is a REIT, a corporation or an LLC with a corporate member. Assisted housing developments are also exempt. So an individual owning rental houses is exempt, but a corporation owning two or more rental houses is not.
Sources
- Civil Code § 2079.10a (opens in a new tab)
- Government Code § 8589.45 (opens in a new tab)
- Civil Code § 1954.603 (opens in a new tab)
- Civil Code § 1946.2 (opens in a new tab) and § 1947.12 (opens in a new tab)
- 40 CFR part 745, subpart F (opens in a new tab)
- Civil Code § 1940.6 (opens in a new tab), § 1940.7 (opens in a new tab), § 1940.8 (opens in a new tab), § 1940.9 (opens in a new tab), § 1947.5 (opens in a new tab)
- Civil Code § 1710.2 (opens in a new tab)
- Health and Safety Code § 26147 (opens in a new tab)
- Health and Safety Code § 26148 (opens in a new tab)
- California Department of Public Health: mold booklet for renters (opens in a new tab)
- Civil Code § 1941.1 (opens in a new tab), § 1950.5 (opens in a new tab), § 1954.07 (opens in a new tab)
- AB 1414 (opens in a new tab), AB 2025 (opens in a new tab), SB 1296 (opens in a new tab)
Verified October 19, 2026.
Talk With a Local Property Expert
Ask your questions, get honest answers, and see if we’re the right fit — no commitment.
Schedule a Call
