Unlike a rental application, a California rental lease agreement is a legal contract between landlord and tenant.
A lease agreement outlines the terms and conditions for tenancy in California. It covers important aspects such as rent, lease duration, security deposits, and tenant rights.
The most commonly used California lease agreement is the residential lease agreement. It covers all the essential details of the real estate rental arrangement.
This includes rent payment terms, property maintenance responsibilities, and rules regarding pets, noise, and other relevant factors.
Clearly state the names and contact information of both the landlord and the prospective tenant.
Provide a detailed description of the residential property being leased. For example, its address and any specific terms regarding access or shared spaces.
Specify the duration of the lease, whether it's a fixed term or a month-to-month lease agreement.
Include the amount of rent, due date, acceptable payment methods, and any late fees.
Cover important aspects such as security deposits, common areas, property management, maintenance responsibilities, restrictions on alterations, eviction policies, and provisions for early termination or renewal.
Ensure that your lease agreement adheres to all relevant California laws and regulations.
California lease agreements are legally required to include:
In California, landlords are allowed to request a security deposit from tenants.
The maximum amount for security deposits is generally equal to two months' rent for unfurnished properties and three months' rent for furnished properties.
Security deposits are kept to cover unpaid rent or the cost of damages beyond normal wear and tear.
Landlords must provide tenants with a detailed written receipt for the security deposit.
Upon the termination of the lease, landlords have 21 days to return the security deposit or provide an itemized list of deductions, if any.
In California, rent increases are only legal if the rental agreement allows for it or if the tenant agrees to the increase. If a rent increase is not clearly stated in the initial lease agreement, then it will need to be added as an addendum, before the rent increases.
Breaking the terms of the agreement early can have legal and financial consequences. It's worth tenants checking their lease agreement and discussing the situation with the landlord before they choose to break it.
Yes, in California there are specific limits on the maximum amount landlords can charge as a security deposit.
If you encounter a dispute with your property owner, it is recommended to seek legal advice regarding tenant laws or contact the appropriate local housing authority for guidance.
Landlords are generally required to provide renters with reasonable notice before entering a rental unit, except in cases of emergencies. This is often a days’ notice, given by the landlord. In some instances, a lease agreement may state that written notice will be provided for any formal visits (such as a property inspection).
Formswift is not a law firm and does not provide legal advice or representation. Formswift's documents are not a substitute for the advice of an attorney. Communications between you and Formswift are governed by the Formswift Privacy Policy but are not protected by the attorney-client privilege or as work product. Formswift does not provide advice, opinions, or recommendations about individual's legal rights, options, strategies, or the selection of forms. Your use of the Formswift website and forms is governed by the Formswift Terms of Service.
