Table of Contents
This California Residential Rental Agreement Form is intended for a lease of a single-family residential property. If a year-long lease terminates without either party giving notice to vacate or renewing the lease, it will convert to a month-to-month agreement. The landlord must give 60 days notice to terminate a month-to-month agreement and the tenant must give 30 days notice.
The tenant agrees to pay a security deposit which may not exceed two months’ rent for an unfurnished apartment or three months’ rent for a furnished apartment. The landlord must return or account for the security deposit after the tenant vacates under California Civil Code, section 1950.5. The security deposit will not earn interest unless local regulations require it.
Rent schedule and Late Fee
The tenant agrees to pay rent in advance. If rent is late, the landlord may charge a late fee under California Civil Code, section 1671, which allows the landlord to pursue liquidated damages for breach of contract. The landlord may also charge a fee if a check is returned.
Limitation on guests and occupants
The tenant agrees that only immediate family and short-term guests will occupy the property. The tenant agrees to abide by all laws and ordinances. The tenant agrees not to have pets without the landlord’s permission.
Condition of property
- The tenant agrees that the property is in good condition as of the move-in date and agrees to maintain the property. The tenant agrees not to alter the property or display signs.
- The landlord will provide the tenant with information about lead paint on the property and the hazards of lead paint.
- The tenant is advised about his or her rights concerning hazardous or toxic chemicals under Proposition 65.
- The landlord agrees that there is no mold on the premises and the tenant agrees to maintain the premises to avoid mold and to notify the landlord of any repairs that need to be made to prevent mold.
If parking space is included in the lease, the tenant agrees to use only the specified space(s). The tenant agrees to pay utilities.
Damages, Breach of Contact and Termination
- If the property is damaged or destroyed, the lease may be terminated or the landlord may repair the property.
- If the tenant is in breach of the contract, the landlord may issue a 30-day notice to comply or vacate. If the tenant fails to pay rent, the landlord may issue a seven-day notice to pay or vacate.
Other Terms and Information
- The landlord may enter the property in an emergency or to make repairs, and must otherwise give appropriate notice under California Civil Code, section 1954.
- The tenant agrees not to sublet the property. The tenant agrees not to abandon the property, and if the property is abandoned the landlord may terminate the lease and dispose of personal property. The tenant will still be responsible for unpaid rent under California Civil Code, section 1951.2.
- The landlord and the tenant agree to serve notices by certified mail.
- The tenant agrees to waive claims of injury and other damages against the landlord.
- The tenant is advised of the sex offenders’ registry under California Penal Code 290.4 and of the sex offenders’ information line under California Civil Code 2079.10.
- If litigation between the landlord and the tenant is necessary, the prevailing party will pay attorneys’ fees. This lease is binding on the landlord’s heirs.
How To Fill
- Enter the date.
- Enter the landlord’s name and address.
- Enter the tenant’s name.
- Enter the county.
- Enter the address and a description of the property.
- Enter the beginning and end dates of the lease.
- Enter the security deposit.
- Enter the rent and due date.
- Enter the late fee.
- Enter the returned check fee.
- Enter the names of the tenant’s family who will be living at the property.
- Enter a description of the pet(s) allowed, if any.
- Check if parking is included and describe the parking space(s), if any.
- Enter the utilities to be paid by the landlord, if any.
- Enter the address where the landlord can receive service.
- Enter the address where the tenant can receive service.
- Enter any additional agreements or provisions.
- The landlord prints his or her name and signs and dates the lease.
- The tenant(s) prints his or her name and signs and dates the lease.
- The landlord indicates if lead paint is present at the property.
- The tenant acknowledges receiving information about lead paint.
- The agent, if any, acknowledges that he or she has informed the landlord about the duty to comply regarding lead paint.
- The landlord, tenant(s), and agent, if any, sign and date the lead paint disclosure form.
- The tenant(s) sign and date the Proposition 65 addendum form.
- The tenant(s) sign and date the mold addendum form.
California law does not require that a rental agreement or lease be witnessed, notarized, filed, or registered. It is valid upon execution. Both the landlord and the tenant should keep a copy of the rental agreement or lease in a safe place.
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California Law Codes
- California Civil Codes: 1671, 1950.5, 1951.2, 1954, 2079.10
- California Penal Code: 290.4