Free California Residential Lease Agreement

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• What is a Residential Lease Agreement
• Common Uses of CA Lease Agreement
• California Lease Agreement Laws
• Required Disclosures for CA Lease Agreements
• How to Write a California Lease Agreement
• California Residential Lease Agreement Sample
• Other Real Estate Documents
• Other Lease Agreement Forms by State
• California Lease Agreement FAQs

What is a Residential Lease Agreement

A Residential Lease Agreement is a legal contract between a landlord and a tenant. This is written to conform to state laws (for example, California lease agreements are tailored to the laws of California) on residency and rental real estate.

It also outlines the most important details of the agreement between the two parties such as:

• How long the tenant may legally occupy the property
• The amount and due date of each rental installment
• Additional fees and costs that the tenant is responsible for
• Terms that police the use of the property
• Violations that will void the agreement
• Eviction procedures

Common Uses of CA Lease Agreement

California Lease Agreements can be used to manage and legally bind many different types of rental situations. This allows both landlords and tenants to flexibly choose the best kind of contractual arrangement to suit their respective needs.

The most common uses of CA Lease Agreements are as follows:

• Lease agreements: Under a standard lease agreement both the landlord and tenant commit to a fixed set of terms that last for a series of months or years.
• Rent-to-own lease agreements: Lease agreements with rent-to-own options are designed for tenants that wish to buy the property they are renting. This requires them to pay a sum of money each month, in addition to rent, to cover the costs of the principal.
• Month-to-month rental agreements:Month-to-month lease agreements will often have similar basic terms to standard residential lease contracts. However, they differ as they can be renewed or ended on a month-by-month basis. Their terms may also be flexibly altered each month.
• Commercial lease agreements: Commercial leases are provided by landlords of retail property to tenants that intend to use the real estate to run a business.
• Room rental agreements: In room rental properties with shared living areas a room rental agreement can be used to rent a singular bedroom.
• Sublease agreements: When a tenant would like to rent out the property they are renting to another individual, they should use a sublease agreement. This should be done after receiving permission from the landlord.

California Lease Agreement Laws

There are a few specificities to be careful of when creating a California lease agreement.

California law sets strict rules on considerations for landlords that you must follow.

Security Deposits

In unfurnished properties, landlords can demand no more than 2 months’ rent as a security deposit. This rises to 3 months if the property is furnished (CA CIV § 1950.5 (c) (1)).

At the end of the lease if the tenant complies with the lease’s terms when vacating the property the landlord must return the security deposit within 21 days of them moving out (CA CIV § 1950.5 (g) (1-3)).

Landlord’s Right to Enter

Landlords can enter the rental property by giving 24 hours’ advance notice (a written notice is recommended) ([CA CIV § 1954(d)(1)). ](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1954. CIV § 1954(d)(1)).|_blank)

However, 48 hours’ notice is required before the landlord may enter to give the final inspection before the tenant moves out (CA CIV § 1950.5(f)(1)).

Late Fees

In California any late fee that you charge must be considered “reasonable”. A fee of 5% of the monthly rent is considered the maximum in Los Angeles County (CA CIV § 1671).

A non-sufficient funds (NSF) fee is set at $25 for the first bounced check and $35 for any bounced check afterward (CA CIV § 1719).

Warranty of Habitability

Landlords are required to keep their rental properties in livable condition. This must always be followed whether your agreement has included this warranty or not (CA CIV § 1941.1).

Required Disclosures for CA Lease Agreements

California law requires a number of important disclosures to appear in completed CA Lease Agreements. This is to properly inform the tenant of any health risks or potential issues with the property that they must be aware of. These essential addendums may include:

• Methamphetamine contamination disclosure: Necessary for properties where the landlord knows or suspects the use, storage, or production of methamphetamine has taken place (CA HSC § 25400.16).
• Mold disclosure: Essential for properties where health risks may occur due to mold (CA HSC § 26141).
• Military ordinance disclosure: Properties located within 1 mile of known military testing facilities must disclose the fact (CA HSC § 26141).
• Death in a rental unit disclosure: A crucial addendum for properties and units where a death has occurred within the last 3 years (excluding HIV and AIDS-related deaths) (CA CIV § 1710.2).
• Pest control disclosure: Rental units that use pesticides for infestations or with pest control schedules must clearly disclose this information.
• Bedbug disclosure: All rental units must provide an addendum that advises on how to prevent bedbug infestations (CA CIV § 1954.6039).
• Demolition permit order: Essential for properties that are scheduled to be demolished during the residential term (CA CIV § 1940.6).
• Sex offender registry notice: All rental contracts in California must provide an addendum that residents have the right to access information on the sex offenders register (CA CIV § 2079.10a).
• Shared Utilities: The agreement is required to state how the cost of utilities are shared between the parties. If the unit has a shared electrical or gas meter for example this information must be provided (CA CIV § 1940.9).
• Smoking policy: If smoking is allowed it must be mentioned in the agreement, as well as where on the property it is permitted (CA CIV § 1947.5).
• Megan’s law disclosure: Every Residential Lease Agreement in California must have the following statement included (CA CIV § 2079.10a): “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 Website 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.”

Optional Disclosures in CA

There are also disclosures that you must be aware of regarding health and safety.

Depending on the year the property was built and its appliances you may need to include the following disclosures.

• Asbestos disclosure: If built from 1980 onwards there is no obligation to disclose information on asbestos. However, it is obligatory for all properties built before 1979 where asbestos is known to be present by the landlord (CA HSC § 25915 - 25919.7).
• Carbon Monoxide Detector: In all residential units with fossil-fuel-based heaters and appliances, landlords must have carbon monoxide monitors (CA CIV § 17926.1).

How to Write a California Lease Agreement

When you draft your California Lease Agreement it will be essential that you include all the required information.

Introduce the following sections to correctly write your legal document.

1. Mention the parties: This section includes the date of the agreement and the full names of the tenant and landlord.
2. Specify the address and use of the property: The address and the property’s use will be stated here.
3. Include the term: The start and end dates must be added to this section as well as if the tenant may continue at the end of the term.
4. State the payment options and amount: The amount the tenant must pay is listed here as well as how they will pay it (cash, money order, etc.), as well as the late fee amount.
5. Provide security deposit information: Details regarding the amount of the security deposit as well as how it will be returned must be included.
6. Include any occupants: If anyone is going to be living in the rental property apart from the paying tenant, you can list them here.
7. Specify how utilities will be paid for: This section will state who pays for the utilities, and whether all will be paid for by the tenant or some by the landlord.
8. List the furnishings: In this section, you’ll add a list of any furnishings that are found on the property.
9. Add your signature: Both you and the other party must sign and date the agreement. Your names in print must also be added.

California Residential Lease Agreement Sample

Before starting your own rental lease agreement, it can help to first examine a professional example document. To get an idea of how your final form should appear read through our California Residential Lease Agreement sample below.