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Table of Contents:A Lease Agreement is a legally binding contract that outlines the terms and conditions under which one party (the tenant) agrees to rent property owned by another party (the landlord).
Leases are usually longer-term contracts covering many months or years, and they have set terms that cannot be changed frequently.
A Lease Agreement could also be called:
A Rent Agreement typically specifies details such as:
While Lease Agreements are for a fixed term, it’s possible for either party to terminate or alter the conditions of a month-to-month lease (with notice).
On the other hand, neither party can change nor end a standard lease early.
Various types of leases can be used depending on the type of property being offered to renters, including, industrial, advertising, and rent-to-own leases.
Commercial Lease Agreements are also used commonly by business owners and landlords who agree to rent property for office space, a store or for other non-residential activities.
In certain cases, these legal documents may also be used for other valuable items such as tools and expensive machinery, this is known as an equipment lease.
When you prepare your Residential Lease Agreement, it can be hard to know where to begin if you don’t have a clear idea of what the final document will look like.
If you need a little extra guidance on how your final contract will appear, simply review our Lease Agreement sample below.
A Residential Lease Agreement for tenants or a Rental Agreement can potentially run for many months or years.
Therefore, it is essential not to leave out any terms, conditions, or information when you draft your Rental Agreement. Failing to include any of these details could lead to problems such as nonpayment of rent or evicting the tenant for whatever motive.
To correctly draft your document, you must include the following details:
Remember, a Rental or Lease Agreement must conform to the landlord tenant laws in your state. When filling out the template, remember to keep this in mind.
Use LawDistrict’s step-by-step Rental and Lease Agreement template tool help you create the correct form for your state and circumstances before having it reviewed by a legal professional.
There are usually 2 key parties bound by an apartment lease. The landlord and the tenant. However, there are occasionally other stakeholders who might need to be factored in.
One such example is a property manager or rental agent. Landlords with multiple properties or rental units will often entrust the administration of their portfolio to a third party. These professionals act as an intermediary between the landlord and the tenant.
In some cases, if the property is managed by an agency or hired employee of the landlord, it will also be necessary to include them in the Lease Agreement. They will often sign the contract on behalf of the landlord if they have been authorized to do so.
Landlords have several key obligations they must fulfill to ensure the property is livable and that the rights of tenants are respected.
These obligations can vary by state and local laws, but generally include the following:
These obligations are designed to protect tenants and ensure that rental properties are safe, healthy places to live.
Failure to meet these obligations can result in legal action against the landlord, including fines, penalties, and potentially being ordered to compensate the tenant for damages.
Tenants have specific obligations they must adhere to, ensuring a respectful and lawful tenancy.
These obligations are designed to protect the property, ensure safety for all parties involved, and maintain a harmonious living environment.
Below are some of the key obligations typically expected of tenants:
Understanding and fulfilling these obligations is crucial for tenants to ensure a stable and positive rental experience, avoid legal issues, and maintain a good relationship with their landlord.
Most rental properties are secured by a monetary deposit made by the tenant at the start of the agreement. Each state has its own rules on what landlords may and may not charge for this security payment.
Below you’ll find information on how much a landlord can legally demand in a deposit by state and how quickly they must return the down payment once the agreement reaches its natural end or is terminated by agreement.
| State | Maximum Deposit Amount | Return Time |
|---|---|---|
| Alabama | 1 month’s rent | 60 days from termination and delivery of possession |
There are several important documents you should be aware of prior to and during the signing of the agreement.
Before the tenant’s occupancy begins, you may be obligated to disclose certain information to them.
For example, if the rental property was constructed before 1978 you must provide a Lead Based Paint Disclosure Form to the incoming renter if the substance is found on the property.
You can also add changes (or addendums) to the contract, for example, raising the price of rent.
The tenant must be given formal notice with a Rent Increase Notice. This document must be given with a certain amount of notice based on the state where the property is found.
During the tenancy, if the tenant fails to make rental payments, you can take action. Send a Late Rent Notice to the tenant and if they continue to fail to pay, you can begin eviction proceedings.
In addition to Lease Agreements for tenants and landlords, there are several other legal rental forms that can be useful for landlords. If you are currently renting out a piece of real estate, or plan to do so in the future, it’s worth looking into the below forms:
Residential Lease Agreements contain many intricate details and must be written with care. If you’re still unsure of what steps you may need to take to complete your document or what info you need to get down on paper, read our FAQs below for more information.
When tenants violate a lease, landlords may terminate the agreement and issue an eviction notice. Typically, a "cure or quit" notice is required, giving tenants a chance to rectify the issue or vacate.
For severe violations like property damage or illegal activities, some states allow immediate contract termination. It's crucial to consult local laws to understand the specific conditions for contract cancellation and required notice periods.
Most state and federal laws don't require notarization or witnesses for a Residential Lease Agreement, but it's recommended to combat fraud.
Having the agreement signed in the presence of witnesses or a notary public verifies the identities of both tenant and landlord, confirms their understanding of the contract terms. It also enhances the document's authenticity, making it more difficult to falsify signatures or dispute the agreement's validity.
Upon a Residential Lease's conclusion, landlords and tenants may renew or terminate their agreement. Landlords can modify terms, like rent, offering tenants the choice to accept or vacate.
If a landlord opts not to continue renting to the tenant, a lease termination notice is typically issued.
However, accepting rent after a lease ends creates a holdover situation, preventing legal eviction until the paid rental term concludes.
To end a rental contract, landlords should send a lease termination letter to the tenant, stating the intent to terminate the tenancy.
This letter must include the contract's start and termination dates, notice period, reason for non-renewal, and details on the security deposit return (if applicable).
Both landlords and tenants can initiate termination, but tenants may be bound to the full term unless early termination clauses exist in the agreement.
Our free Lease Agreement form can be customized and completed online, which can be used to complement the document creation process.
Also, remember to follow your state's laws and enter the necessary information for your rental property and prospective tenant.
A lawyer can verify the information on your completed Lease Agreement document.
You are only a few steps away from your own Residential Lease Agreement!
Download our professional examplesThis Lease Agreement (hereinafter, the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (hereinafter, the "Landlord") and the following residents:
_________
(hereinafter, the "Tenant(s)").
The Landlord and the Tenant(s) agree as follows:
1. PROPERTY AND OCCUPANTS
A. The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord the real property and improvements described as a house (the "Premises"), located at _________, _________, California _________. The Property is further described as follows: _________.
B. The premises are for the sole use as a personal residence by the Tenant(s) mentioned above only.
2. TERM
The term of this Residential Lease Agreement begins on _________ (the "Commencement Date") and shall terminate on _________ at 1 PM (the "Termination Date").
The Tenant(s) shall vacate the Premises upon termination of the Residential Lease Agreement, unless: (i) the Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement; (ii) mandated by local rent control law; or (iii) the Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate. In this case, the Tenant(s) may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. The Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. Rent shall be at a rate agreed to by the Landlord and the Tenant(s), or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect.
3. RENT; LEASE PAYMENTS
"Rent" shall mean all monetary obligations of the Tenant(s) to the Landlord under the terms of this Agreement, except the Security Deposit.
(a) The Tenant(s) agrees to pay $_________, on first day of each calendar month, and is delinquent on the next day. Payments of rent shall be made to the Landlord at the address herein provided. This address may be changed from time to time by the Landlord provided that the Tenant(s) is given notice of such change by the Landlord.
If the Commencement Date falls on any day other than the day Rent is payable under this paragraph, and the Tenant(s) has paid one full month's Rent in advance of the Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day period.
(b) Rent shall be paid by the following method(s):4. SMOKING
The Tenant(s) shall not smoke in or on any area of the premises, including individual units and common areas, both indoors or outdoors, nor allow their guests to do so. The Tenant(s) shall be held responsible for any breach of this provision and for the reasonable costs of rectification of any damage which may have been caused as a result of smoking on the Premises, for any appropriate cleaning, ozone treatment, fogging, or duct cleaning, required. Any breach of this provision shall be understood as just cause to entitle the Landlord to any and all remedies available by law.
If the Tenant(s) contravenes this provision by smoking in or on any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Premises or the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant by the Landlord.
5. MANAGEMENT
The Tenant(s) is hereby notified that the Owner or Landlord _________ is the property manager in charge of repairs and maintenance of the Property. If the Tenant(s) has any complaint regarding any issue about the Property, the Owner or Landlord _________ shall be contacted at _________, _________, _________.
6. OCCUPANTS
Unless otherwise consented by the Owner or Landlord, there shall be no more than _________ person(s) residing on the Premises.
All the provisions of the Residential Lease Agreement are binding on each person herein mentioned as Tenant(s) and/or Occupants of the Premises.
Each Tenant is individually and jointly liable for all the obligations in this Residential Lease Agreement, including, but not limited to, full payment of Rent. There shall be no other persons living or permanently staying on the Premises other than the Tenant(s) and any Occupants herein explicitly mentioned. Any and all guests shall only be allowed to stay on the Premises for _________ consecutive days. Unless otherwise consented by the Owner or Landlord, guests of the Tenant(s) shall NOT be allowed to stay on the Premises for a period longer than two (2) weeks. The Tenant (s) must obtain prior written approval of the Owner or Landlord if a guest of the Tenant(s) will be present at the Premises for more than two consecutive weeks.
7. PETS
No animal or pet shall be kept, permanently or temporarily, on or about the Premises without Landlord’s prior written consent. The only exception to this general rule shall be Service Animal(s). The exception to this general rule is provided by California Civil Code § 54.2, under which every individual with a disability shall have a right to have a Service Animal(s) on the Premises.
The Tenant(s) is responsible for all damages caused to the property for having a pet in or on the Premises, including, but not limited to, odors, stains, and pest problems, regardless of the ownership of the said pet, and shall be obliged to restore it to its original condition at their own expense.
8. MAINTENANCE
The Landlord shall maintain the Premises at all times and perform all repairs reasonably necessary. The primary duty of the landlord shall be to meet the implied warranty of habitability of the Property, that the premises are in a safe, livable condition.
Subject to California Civil Code § 1954, the Landlord may only enter the dwelling unit without the consent of the Tenant(s) in case of an emergency. Moreover, a request made by the Tenant(s) to the Landlord for repair or maintenance shall be considered consent for the Landlord or his authorized agent to enter the Premises. However, the Landlord shall only enter the Premises during normal business hours, except in an emergency or if the Tenant(s) consents to an entry during other than normal business hours. If there is no repair request by the Tenant(s), the Landlord shall give the tenant reasonable notice in writing of his or her intent to enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the Tenant(s). Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
The Landlord shall not use the right to access or use it to harass the Tenant(s). No notice requirement to the Tenant(s) shall be given by the Landlord if the Tenant(s) are present and consent to the entry at the time of entry. The Tenant(s) shall guarantee that the Premises are in a safe and habitable condition upon the Landlord's entry.
The Tenant(s) recognizes that the Landlord may have to enter the Premises from time to time to make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services to keep the Premises in good condition. Thus, the Tenant(s) shall permit the entry to the Premises to the Landlord or Landlord’s authorized agent for these purposes or to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
The Landlord and the Tenant(s) agree that 24-hour written notice shall be reasonable and sufficient notice for such circumstances, except as follows: 48-hour written notice is required to conduct an inspection of the Premises prior to the Tenant(s) moving out unless the Tenant(s) waives the right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided the Tenant(s) has been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be given to show the Premises.
TEMPORARY RELOCATION: Subject to local law, the Tenant(s) agrees, upon demand of the Landlord, to temporarily vacate the Premises for a reasonable period, to allow for fumigation (or other methods) to control wood-destroying pests or organisms, or other repairs to the Premises. The Tenant(s) agree to comply with all instructions and requirements necessary to prepare the Premises to accommodate pest control, fumigation, or other work, including bagging or storage of food and medicine, and removal of perishables and valuables. The Tenant(s) shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time the Tenant(s) is required to vacate the Premises.
PERIODIC PEST CONTROL: The Tenant(s) shall assist the Landlord in all efforts to eliminate pests of any sort from the Premises. The Tenant(s) agree to comply with all the Landlord's rules and requests in these regards and any non-compliant conduct from the Tenant(s) shall be considered a nuisance. If the Landlord has entered into a contract for a periodic pest control treatment of the Premises the Tenant(s) shall be given a copy of the notice originally given to the Landlord by the pest control company. If such notice is not given to the Tenant(s) the Landlord may not hold the Tenant(s) liable for non-compliance of any sort or for not consenting to any of the periodic pest control visits to the Premises.
The Tenant(s) shall properly use, operate, and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas, and plumbing fixtures, and keep them and the Premises clean, sanitary, and well ventilated. The Tenant(s) shall be responsible for checking and maintaining all smoke detectors and any additional phone lines beyond the one line and jack that the Landlord shall provide and maintain. The Tenant(s) shall immediately notify the Landlord, in writing, of any problem, malfunction or damage. The Tenant(s) shall be charged for all repairs or replacements caused by the Tenant(s), pets, guests, or licensees of the Tenant(s), excluding ordinary wear and tear. The Tenant(s) shall be charged for all damage to the Premises as a result of failure to report a problem in a timely manner. The Tenant(s) shall also be charged for the repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
9. UTILITIES AND SERVICES
The Tenant(s) agree to pay for all utilities and services in connection with the Premises. The Tenant(s) agree to comply with all rules and regulations imposed by the Landlord and that are at any time posted on the Premises or delivered to the Tenant(s), including but not limited to any environmental, energy, or water conservation, recycling or waste management plan implemented by the Landlord. If any utilities are not separately metered, the Tenant(s) shall pay Tenant’s proportional share, as reasonably determined, and directed by the Landlord. If utilities are separately metered, the Tenant(s) shall place utilities in the Tenant’s name as of the Commencement Date of this Lease Agreement. If utilities on the Premises are metered by Master Meters, the landlord shall have the right to measure the Tenant(s)'s utilities and to bill the Tenant(s) for the consumption of such utilities, either directly or through a third party. Nothing contained herein prevents the Landlord from passing through to Tenant utility costs as provided by law. However, the Landlord shall give the Tenant(s) evidence of all bills prior to recovering utility costs from the Tenant(s).
The Landlord is only responsible for installing and maintaining one usable telephone jack and one telephone line to the Premises.
The Tenant(s) shall pay any cost for conversion from existing utilities service provider or for any repairs required or charges for any services provided on any utility or fixture.
The Tenant(s) acknowledges that the Landlord has fully explained to the Tenant(s) that all utility rates, charges, and services shall be paid by the Tenant(s).
The Landlord shall not be held liable under this Lease Agreement for damages caused for any interruption or reduction of utilities caused by someone other than the Landlord or due to circumstances unforeseeable to the Landlord or beyond the Landlord's reasonable control.
10. FAILURE TO PAY
Pursuant to California Civil Code section 1785.26, a creditor may submit negative credit information concerning a consumer to a consumer credit reporting agency, only if the creditor notifies the consumer affected. After providing this notice, a creditor may submit additional information to a credit reporting agency respecting the same transaction or extension of credit that gave rise to the original negative credit information without providing additional notice.
The notice shall be in writing and shall be delivered in person or mailed first class, postage prepaid, to the party’s last known address, prior to or within 30 days after the transmission of the negative credit information.
The notice may be part of any notice of default, billing statement, or other correspondence, and may be included as preprinted or standard form language in any of these from the creditor to the consumer.
The notice is sufficient if it is in substantially the following form:
“As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.”
11. EARLY TERMINATION CLAUSE
In the event of termination by the Tenant(s) prior to the completion of the original term of the Lease Agreement, the Tenant(s) shall be responsible for lost Rent, rental commissions, advertising expenses, and painting costs necessary to ready the Premises for re-rental. The Landlord may withhold any such amounts from the Tenant(s)’s security deposit. In addition to the rent due up to the termination day, the Tenant(s) shall pay a termination charge of $_________ for the early termination of the Agreement upon serving on the Landlord a _________ days' written notice, stating that the Tenant(s) wish to terminate the Lease Agreement. The Termination of the Lease Agreement shall take effect on the last day of the month after the expiration of the _________ day notice period.
12. ASBESTOS
This Property may contain asbestos. Some of the original building materials may contain this hazardous substance. Please take notice that any disturbance or damage to certain interior apartment surfaces of asbestos-containing materials may increase the potential exposure to these substances.
The Tenant(s) or the Tenant(s) guests, employees or contractors, shall not take or permit any action which in any way damages or disturbs the Premises or any part thereof, including, but not limited to:
The Tenant(s) shall notify the Landlord immediately in writing if there is any damage to or deterioration of the ceiling in the Premises or any part thereof, including, without limitation, flaking, loose, cracking, hanging or dislodged material, water leaks, or stains in the ceiling, or upon the occurrence of any event mentioned above.
13. COMPLIANCE WITH REGULATIONS
The Tenant(s) agrees to comply with all laws, rules, orders, ordinances, directions, codes, regulations, and requirements (as interpreted by judicial and administrative decisions) of all governmental agencies, offices, departments of the federal, state, county, municipal and other authorities. However, the Tenant(s) shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
14. ASSIGNABILITY/SUBLETTING
The Tenant(s) may not assign or sublease any interest in or any part of the Premises, nor assign or transfer this Lease Agreement, or effect a change in the ownership of the Property, or mortgage this Lease.
The Tenant(s) shall not contravene this provision, unless the Landlord expressly waivers this prohibition in writing, the consent of which the Landlord may, in any case, withhold in its sole and absolute discretion.
15. LEAD DISCLOSURE
Many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards to tenants, occupants and guests if not taken care of properly. Homebuyers and renters have important rights to know about whether lead is present -- before signing contracts or leases. The law requires that tenants and lessees receive certain information before renting pre-1978 housing. By signing this Lease, the Tenant(s) represents and agrees that the Landlord has provided the Tenant(s) with such information, including, but not limited to the EPA Booklet Entitled Protect Your Family From Lead In Your Home, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards.
In accordance with federal law, the Landlord gives and the Tenant(s) acknowledges receipt of the disclosures on the attached form (C.A.R. Form FLD) and a federally approved lead pamphlet.
16. MOLD/MILDEW
The Tenant(s) agrees that Mold growth in the Premises largely depends on how the Tenant(s) manages and maintains the Premises. Thus, it shall be the Tenant(s)'s responsibility to maintain the Premises in order to prevent the growth of Mold or Mildew in the Property. The Tenant(s) further agrees to comply with the list of obligations which are included in the addendum entitled Mold Notification. The Tenant(s) also agrees that the Landlord and its authorized agents will not be responsible for any illness, injury, or damage relating to mold if it was caused (or partially caused) by the Tenant(s)'s failure to clean and maintain the Premises or to promptly notify the Landlord of mold or mildew. Lastly, the Tenant(s) agrees that the Landlord has provided the Tenant(s) with a Mold Notification Addendum and Mold/Mildew Disclosure Form.
17. NOTICE
Notices under this Lease Agreement may only be considered valid if served at the following address, or at any other location subsequently designated:
LANDLORD:
TENANT:
_________
_________, _________, California _________
Such addresses may be changed from time to time by either party by providing notice as set forth above.
18. GOVERNING LAW
This Lease Agreement shall be governed, construed, and interpreted by the Laws of the State of California.
IN WITNESS WHEREOF, the Landlord and the Tenant(s) have executed this Lease Agreement in the manner prescribed by law as of the Effective Date.
By: ____________________________ Date: ______________
_________
TENANT:
By: ____________________________ Date: ______________
_________
RESIDENTIAL LEASE
Inspection Checklist
Tenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below:
| SATISFACTORY | COMMENTS | |
| Bathrooms | _________ | _________________________ |
| Carpeting | _________ | _________________________ |
| Ceilings | _________ | _________________________ |
| Closets | _________ | _________________________ |
| Countertops | _________ | _________________________ |
| Dishwasher | _________ | _________________________ |
| Disposal | _________ | _________________________ |
| Doors | _________ | _________________________ |
| Fireplace | _________ | _________________________ |
| Lights | _________ | _________________________ |
| Locks | _________ | _________________________ |
| Refrigerator | _________ | _________________________ |
| Screens | _________ | _________________________ |
| Stove | _________ | _________________________ |
| Walls | _________ | _________________________ |
| Windows | _________ | _________________________ |
| Window coverings | _________ | _________________________ |
| _________ | _________ | _________________________ |
| _________ | _________ | _________________________ |
Tenant:
By: ____________________________ Date: ______________
_________
Acknowledged by Landlord:
By: ____________________________ Date: ______________
_________
The lessor endeavors to preserve and promote quality of life for tenants. The lessor asserts that lessor and/or its agent has inspected the Premises prior to occupancy and knows of:
1. NO mildew or mold contamination;
2. NO wet or damp building materials that contribute to the formation of mildew or mold.
The Tenant(s) recognizes that mold and mildew can grow if the Premises are not properly maintained by the Tenant(s). If moisture gathers within the Premises, it may cause mold and mildew to accumulate and grow. If the Tenant(s) discovers the existence of mold or mildew on the Premises, leaks or conditions under which moisture may gather, the TENANT(S) shall notify the lessor promptly, so the lessor may take action. The Tenant(s) shall keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof, in order to retard and prevent the growth of mold or mildew. These responsibilities include, but are not limited to:
1. Tenant shall remove dirt or debris that may contribute to a mold infestation;
2. Tenant shall promptly report to the lessor any occurrence of mold or mildew;
3. Tenant shall clean and dry all visible moisture on surfaces, including windows, walls, ceilings, floors, and furniture;
4. Tenant shall promptly notify the lessor if air conditioning or heating systems experience any problems, refrain from blocking air conditioning and heating ducts, and use vents and fans during cooking, bathing and dishwashing;
5. Tenant shall promptly notify the lessor of plumbing leaks, drips, water spills and overflows which permeate the walls, carpets, floors and other surfaces that may harbor the growth of mold or mildew;
6. Tenant agrees to open curtains/blinds to allow light into the Premises;
7. Tenant agrees to hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature which arise from Tenant's or guest(s)' refusal or negligence to maintain the Premises in a sanitary condition or comply with the terms of this Mold Addendum.
If the Tenant(s) fails to comply with the terms of this Mold Addendum, it is a material breach of the Lease Agreement it is attached to. In the event there is a conflict between this Mold Addendum and the Lease Agreement, the terms of the Mold Addendum shall govern.
Tenant:
By: ____________________________ Date: ______________
_________
Acknowledged by Landlord:
By: ____________________________ Date: ______________
_________
The following terms and conditions are hereby incorporated and made part of the Residential Lease or Month-to-Month Rental Agreement dated _________ on the property and the following tenants:
referred to as "Tenant".
I. RENT CAP AND JUST CAUSE ADDENDUM TERMS
With certain exemptions, Landlord may be subject to the rent cap and just cause eviction provisions of the Civil Code. Landlord informs tenant of the following:
California's law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California's law also provides that after all the tenants have continuously and lawfully occupied the property for 12 months or more or the least one of the tenants has continuously occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.
II. RENT CAP REQUIREMENTS
1. Subject to certain provisions of Civil Code Section 1947.12 subdivision (b), an owner of real property shall not increase the rental rate for that property more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest rental amount charged for that property at any time during the 12 months prior to the effective date of the increase.
2. If the same tenant remains in occupancy over any 12-month period, the gross rental rate shall not be increased in more than two increments over that 12-month period.
3. For a new tenancy in which no tenant from the prior tenancy remains, the owner may establish the initial rate, not subject to paragraph 1 of this section. Paragraph 1 of this section is only applicable to subsequent increases after the initial rental rate has been established.
III. JUST CAUSE REQUIREMENTS
WITH CERTAIN EXEMPTIONS, LANDLORD MAY BE SUBJECT TO THE JUST CAUSE PROVISIONS OF CIVIL CODE SECTION 1946.2 AND INFORMS TENANT OF THE FOLLOWING:
1. At-fault Just Cause:
a) Default in payment of rent.
b) Breach of a material term of the lease, as described in Code of Civil Procedure Section 1161, paragraph (3), including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
c) Maintaining, committing, or permitting the maintenance of a nuisance as described in Code of Civil Procedure Section 1161, paragraph (4).
d) Committing waste as described in Code of Civil Procedure Section 1161, paragraph (4).
e) The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate Section 1946.1 or any other provision of law.
f) Criminal activity by the tenant on the residential real property, including any common areas, or any criminal threat, as defined in Penal Code Section 422, subdivision (a), directed to any owner or agent of the owner of the premises.
g) Assigning or subletting the premises in violation of the tenant's lease.
h) The tenant's refusal to allow the owner to enter the residential real property pursuant to a request consistent with Civil Code Sections 1101.5 and 1954, and Health and Safety Code Sections 13113.7 and 17926.1.
i) Using the premises for an unlawful purpose as described in Code of Civil Procedure Section 1161, paragraph (4).
j) When the tenant fails to deliver possession of the residential real property after providing the owner written notice of tenant's intention to terminate the hiring of real property or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice.
2. No-fault Just Cause:
a) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents or grandparents (Family move-in).
For leases entered into on or after January 1, 2020, or amendment to existing leases prior to January 1, 2020:
Tenant and Owner hereby agree that the Owner shall have the right to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents or grandparents, unilaterally decide to occupy the residential property.
b) Withdrawal of the Premises for the rental market.
c) Unsafe habitation, as determined by a government agency that has issued an order to vacate, or to comply, or other order that necessitates vacating the residential property.
d) Intent to demolish or substantially remodel the residential real property. "Substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit that cannot be accomplished in a safe manner with the tenant in place, and that requires tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone do not qualify.
Tenant Payments under No-Fault Just Cause Eviction:
1. If Owner issues a termination of tenancy under a No-Fault Just Cause, Owner notifies Tenant of the right to direct payment relocation assistance equal to one month of the tenant's rent in effect at the time of the termination and shall be provided within 15 calendar days of service of the notice.
2. In lieu of direct payment, Owner may waive the payment of rent for the final month of tenancy prior to the rent becoming due. The notice shall state that the amount of rent waived and that no rent is due for the final month of tenancy.
IV. SPECIFIC EXEMPTIONS TO JUST CAUSE EVICTION REQUIREMENTS:
1. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
2. Single-family owner-occupied residences, including a residence in which the owner-occupant rents or lease no more than two unit or bedrooms, including, but not limited to, an accessory dwelling unit.
V. SPECIFIC EXEMPTIONS TO BOTH RENT CAP AND JUST CAUSE EVICTION REQUIREMENTS:
1. Housing that has been issued a certificate of occupancy within the previous 15 years.
2. A duplex in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
3. Single Family Residential property (including condominium and units in planned developments) provided the residential real property is alienable separate from the title to any other dwelling unit AND (i) the owner is NOT a real estate investment trust (REIT), (ii) the owner is NOT a corporation, and (iii) if the owner is a limited liability company then none of the members of the LLC are corporations.
This exemption only applies if the notice below is checked and delivered to the tenant.
☐ Landlord hereby notifies tenant that the Property is exempt from the rent cap provisions specified in Civil Code Section 1947.12 and the just cause eviction provisions specified in Civil Code 1946.2.
Notice of Exemption:
This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.
NOTE: Other exemptions under the Civil Code may apply. Additionally, this property may be subject to local rent cap and just cause eviction controls, which may impose additional restrictions. Landlord is strongly advised to seek counsel from a qualified real estate lawyer, who is familiar with the law where the property is located, prior to serving any notice.
The undersigned acknowledge a copy of this document and agree that the terms specified in Sections I, and III (2)(a) and V(3) are made a part of the lease or rental agreement specified above.
LANDLORD:
By: ____________________________ Date: ______________
_________
TENANT:
By: ____________________________ Date: ______________
_________
Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bugs can survive for months without feeding.
Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person's reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.
Common signs and symptoms of a possible bed bug infestation:
• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
• Molted bed bug skins, white, sticky eggs, or empty eggshells.
• Very heavily infested areas may have a characteristically sweet odor.
• Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.
For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.
To report suspected infestations, please contact the landlord or property manager via the contact details provided in the lease agreement.
