California Residential Lease Agreement Form
The California residential lease agreement form is a written agreement between a landlord and a tenant for the rental of a property in exchange for monthly rent. The binding contract includes terms and conditions describing the duties of each party.
While many states require the same types of disclosures, there can be important differences in what these documents need to include or contain. The main law in the California Civil Code that governs these areas is §1950.5, which talks about several different points that are essential when creating or analyzing a rental application.
Below we will go through several of the most important sections to take into consideration that are pertinent to lease agreements and rental applications and how they are treated by California law.
Rent Grace Period
The state of California does not require landlords to extend a grace period for late rent payments. The rent is due on the date listed in the lease agreement.
Security Deposits
By law, California landlords may request a maximum of two months’ rent for an unfurnished house or apartment or three months’ rent for a furnished house or apartment. (California Civil Code)
Required Disclosures
When looking to rent out a property, there is a sizable amount of information that the landlord must include. This information regarding the rights had by the renter and the property are called disclosures. The following list contains many disclosures required by law:
- Asbestos – Required notification applies to all properties constructed before 1979.
- Bed Bugs – The addendum must include prevention information and how to notify the landlord of an infestation.
- Contact Details – The landlord and property manager must supply contact information and details on how the rent payments may be made.
- Death – The landlord must convey knowledge of a death that occurred on the rental property within the past three years.
- Demolition – The property owner must inform prospective tenants of any permits or plans to demolish the building.
- Flood Hazard – The landlord must inform potential tenants if the rental property is in an area at high risk of flooding.
- Lead-Based Paint – Required notification applies to all properties built before 1978.
- Megan’s Law – New tenants must be notified that the California Department of Justice shares information on registered sex offenders via its website.
- Methamphetamine Contamination – Landlords must share information regarding a property that has been exposed to chemicals used to manufacture the illicit drug methamphetamine.
- Mold – The landlord must disclose any knowledge of a harmful mold presence within the apartment.
- Pest Control – Landlords must notify future occupants of any contracts with a pest control company and then notify all parties regarding the application of pesticides.
- Military Base – Landlords must notify prospective tenants if the dwelling is located within one mile of military training grounds or ordnance storage.
- Smoking Policy – Tenants must receive full disclosure of all rules and regulations for smoking cigarettes (tobacco) on the premises.
- Utilities – A landlord must provide information regarding what utilities are shared with other tenants and how the bill is divided.
Helpful Resources
Here are some helpful links for California renters: