California Rental Agreement

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Looking for a house or property for lease in California, you will get it with the help of any broker or from any direct connection of your friend or family. But, what's next? If you are a fresher or don't know how to create a rental agreement or lease in California, let us help you. Not all states will have the same lease agreement terms and may vary on some important points. Read how to create a lease agreement in California.

What Is a California Lease Agreement?

A California lease agreement is a document that enables a landlord of residential or commercial property to create a legal rental contract with a tenant. The rental agreement form will specify the property, specify the monthly rent, and list the liabilities of both peoples. After signing the rental agreement, the tenant will be bound to pay the first (1st) month’s rent and a security deposit, if any, before access is granted to the premises. Both landlord and tenant will be bound to the terms of the agreement till the end date of the lease.

How to Write a Rental Agreement in California?

Protecting yourself as the landlord in a property lease is necessary and a top preference. However, tenants do have rights, and the lease must be written and signed so those rights aren't disrupted. Write your lease agreement and mention the terms and conditions. It's recommended that you download a free California rental agreement from CocoDoc. You can create your rental agreement forms from anywhere with the free online PDF editor.

The points mentioned below are the basic information you have to fill in while drafting a California lease agreement.

About Interested People and Property - Write your name as the owner, the address of the property, and your mail address in the lease. Include the tenant's name, as well as any flatmates or family members by name as well. If you are renting a portion of a property, such as a guest house, the lease should describe which areas are restricted to the tenant and which areas are given.

Tenancy Terms - The tenancy terms declare how long the tenants have a rental agreement with you. In California, a rental agreement is a month-to-month lease, whereas a lease normally starts with 12 months. Rental agreements don't need more than a 30-day notice to leave. Leases usually require a 60-day notice unless there is "just cause," which indicates to rules or laws a tenant breaks, thus warranting removal.

Rent Consideration - Rent should be specified in the lease. State the price of rent, the date it is due, and what late charges are. If late charges exist, cover when they start. For example, if $300 is due at the beginning of the month, a $15 late charge is applied for any rent paid through the fifth day.

Security Deposit - The security deposit is for possible damages and move-out cleaning duties after the tenant leaves the residence. California law demands landlords to list any fees taken from the last security deposit. Define what the deposit will be applied for, including damages and matting, and move-out cleaning.

Restrictions - Restrictions cover anything the tenant isn't permitted to do. Perhaps you allow the tenant to have pets, but you restrict pets to only specific types of size with a maximum number of pets. Boundary parking restrictions, if appropriate. A common statement asking tenants to obey laws is good to add. Let tenants know that criminal activity or being trouble to neighbors is grounds for lease termination (check the lease termination letter).

Signatures - All adult individuals should sign and date the rental agreement. Give an extra print to the tenants, have the original for yourself. You can sign online, prepare your rental agreement according to your needs. It's not necessary to be physically present at the property, with the eSigning feature CocoDoc offers, you are also able to sign documents from anywhere.

Which Disclosures Belong in a California Rental Agreement Form?

You are directed by California law to unveil the potential of lead-based paint, mold, and other dangers in houses. You must also advise tenants to check with baby predator databases to assure they are doing any due diligence needed to protect their families. You don't need to do the task; just tell them to do it themselves.

FAQs

What do You Need to Know about California Lease Agreement Deposits?

Most rental agreements in California need a security deposit. This is a dollar price, normally one month's rent, that's meant to cover loss to the premises beyond normal damage and tear, and to cushion the financial blow if a tenant skips out quick on the lease without paying. California landlords can also charge an extra one-half month's rent if the tenant has a waterbed. When you decide not to renew your lease and leave it out, you have the right to take your refundable security deposit back. According to California law, the landlord has 21 days to give you the complete refund of the deposit.

How Long Can a Residential Lease Be in California?

A rental agreement or lease can be written for any period, as long as both owner and tenant consent. A regular lease term seems to be 12 months; however, often a 6-month lease is contracted to suit both parties. We often suggest to our landlords to sign up new tenants on a 6-month lease as a ‘trial session’. If all goes fine, we then continue to a 12-month lease renewal. Leases can be for more than one year, but they need to be in writing. Oral agreements are valid for shorter durations. It is recommended to owners avoid locking themselves into a contract for more than 12 months.

Can a Lease Automatically Renew in California?

Yes, a lease or rental agreement can automatically renew in California. If neither the tenant nor the landlord gives a declaration that they want to end the tenancy when the lease expires, the lease will be renewed automatically. If you or your landlord doesn't want to renew the lease, certain rules and regulations apply. California law commands what rights you have as a tenant when it comes to renewing your lease or not. As a tenant, you have to give notice to the landlord 30 days before the lease expiration date.

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