Property and leases
Signing, negotiating and getting out of a commercial lease, including the extra rights some small tenants have had since 2025 and the CASp accessibility disclosure.
Statewide guides
Property and leases at a glance
This topic covers commercial leases for California small businesses: the clauses to negotiate before you sign, the extra rights some small tenants have had since 2025, and the accessibility (CASp) disclosure a lease must include when the space will be open to the public. California gives commercial tenants far fewer protections than residential tenants, so most of what protects you is what the lease says.
| Item | Rule | Guide link |
|---|---|---|
| Rent increase notice | Qualified small tenants on periodic tenancies get 30 days' notice for an increase of 10% or less, and 90 days for more (Civil Code §827) | Commercial lease clauses |
| Operating cost records | On a qualified small tenant's written request, itemized documents are due within 30 days (Civil Code §1950.9) | Commercial lease clauses |
| Ending a periodic tenancy | Landlords give qualified small tenants 60 days' notice, or 30 days if under a year (Civil Code §1946.1) | Commercial lease clauses |
| CASp report | If you get it less than 48 hours before signing, you can cancel within 72 hours after signing (Civil Code §1938) | Commercial lease clauses |
| Commercial rent control | Cities and counties can't adopt it, with limited exceptions (Civil Code §1954.27) | Commercial lease clauses |
Where to start
- If you need to review a lease before you sign, read Commercial lease clauses to negotiate.
- If you need to check whether your business qualifies for the small-tenant protections, read Commercial lease clauses to negotiate.
- If you need to decide whether to sign a personal guarantee for your LLC, read Commercial lease clauses to negotiate and DBA vs LLC.
Frequently asked questions
Is there commercial rent control in California?
No. State law bars cities, counties and other public entities from adopting or enforcing it, with limited exceptions. Rent and increases are set by the lease.
Who counts as a qualified commercial tenant?
A microenterprise, a restaurant with fewer than 10 employees, or a 501(c)(3) nonprofit with fewer than 20 employees. You only get the extra rights if you give the landlord written notice that you qualify, with a self-attestation of your employee count, within the past 12 months. If your tenancy isn't week to week, month to month or another period under a month, give it before or when you sign and then every year.
What is a CASp inspection?
It's an accessibility inspection by a Certified Access Specialist. If the space will be open to the public, a California lease signed since 2017 must say whether the premises have had one. If the premises don't have a disability access inspection certificate, you may get an inspection and the landlord can't refuse.