California association of realtors lease agreement 2022

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Table of Contents Show

Security Deposits
When is Rent Due?
Realtor Version
Disclosures (13)
Does California have a standard lease agreement?
Do leases in California automatically go month
What makes a lease legally binding in California?
How much notice does a landlord have to give if not renewing lease California?

The California standard residential lease agreement is a document that property managers and landlords can use to define the terms and conditions for leasing their residential property to a tenant. The agreement should clearly identify the address of the property being rented, the names of each tenant, as well as that of any additional occupants. Before signing the lease, tenants should review the financial commitment expected of them to ensure that their income can sustain the monthly rent, utility expenses, security deposit, and any additional fees assigned in the agreement.

Rental Laws – CIV §§ 1940 – 1954.05

Handbook (Guide) – Guide to Residential Tenants’ and Landlords’ Rights

Security Deposits

Maximum (§ 1950.5(c)) – Two (2) Months’ Rent Unfurnished | Three (3) Months’ Rent Furnished

Returning (§ 1950.5(g)(1)) – Twenty-One (21) Days

When is Rent Due?

Tenants must pay rent on the date defined in the rental agreement when the term is for one (1) year or less. If the agreement does not specify a rental due date, rent must be paid at the end of the month (§ 1947).

Realtor Version

Residential Lease or Month-to-Month Rental Agreement (Form LR) – This residential lease has been approved by the California Association of Realtors® for realtors and other industry professionals.

Download: PDF

Disclosures (13)

AB 1482 Just Cause Addendum
Bedbug Disclosure
Demolition
Flood
Just Cause
Lead-Based Paint Disclosure
Megan’s Law
Methamphetamine Contamination
Ordnance Locations
Pest Control
Shared Utilities
Smoking Policy
Toxic Mold

1) AB 1482 Just Cause Addendum

This addendum must be signed and attached to the lease if the property meets certain requirements and is not subject to the rent increase or just cause laws of the California Civil Code.

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Laws: CIV Code §§ 1946.2(e)(8)(B)(i) & 1947.12(d)(5)(B)(i)

2) Bedbug Disclosure

Landlords are obligated to provide tenants with written notice with general information and education about bed bugs.

Download: PDF
Laws: CIV Code § 1954.603

3) Demolition

Before accepting any deposits or the signature of a rental agreement, landlords must give written notice if they have applied for a permit to demolish a rental unit.

Laws: CIV Code § 1940.6

4) Flood

The landlord must inform new tenants if the dwelling is located in a special flood hazard area.

Download: PDF
Laws: GOV Code § 8589.45

5) Just Cause

Unless the property meets the requirements in § 1946.2(f)(3) of the Civil Code, the Landlord is required to provide the following notice to the Tenant:

California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully 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.

Laws: CIV Code § 1947.12 (d)(5) & CIV Code § 1946.2 (e)(8)

6) Lead-Based Paint Disclosure

The presence of toxic paint must be disclosed to all tenants if the property was built prior to 1978.

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7) Megan’s Law

Every lease and rental agreement must contain the written notice set forth in the statutes bellow notifying tenants that they have access to a registry of sex offenders in the area.

Laws: CIV Code § 2079.10a(a)(3)

8) Methamphetamine Contamination

Written notice must be provided to prospective tenants if the rental property has been contaminated with methamphetamine and if the property is subject to remediation. Additionally, a copy of the remediation order must be given to the tenant, and the tenant must state in writing they that have received a copy of this order.

Laws: CIV Code § 25400.28(b)

9) Ordnance Locations

If a landlord has knowledge of any former ordnance locations in the neighborhood of the rental unit, they must provide written notice to new tenants prior to the signature of the rental agreement.

Laws: CIV Code § 1940.17(b)

10) Pest Control

If periodic pest control services have been performed on a dwelling, the landlord must provide each new tenant a copy of the notice provided by the pest control company.

Laws: CIV Code § 1940.8

11) Shared Utilities

Tenants must be notified if the unit has a shared gas or electrical meter, and the tenant must be informed how the cost will be allocated between parties.

Laws: CIV Code § 1940.9

12) Smoking Policy

Should the landlord prohibit or limit smoking on the rental property, the rental agreement must describe the areas where smoking is prohibited.

Download: PDF
Laws: CIV Code § 1947.5

13) Toxic Mold

If the landlord has reason to believe that mold is present in the rental unit, and that mold exceeds California’s guidelines, then a written disclosure must be provided to all prospective and current tenants.

Download: PDF
Laws: HSC Code § 26147

Does California have a standard lease agreement?

A standard California residential lease agreement is a fixed-term contract (start and end date) between a landlord and tenant for the renting of property. The process usually begins with the tenant viewing the property and completing a rental application (which may require a fee).

Do leases in California automatically go month

In California, residential rental agreements automatically convert to month-to-month tenancies at the end of your lease term. At the end of each month thereafter, the agreement renews automatically for themselves in perpetuity, as long as you the tenant remains in possession of your home.

What makes a lease legally binding in California?

The only verbal lease agreements considered legally binding in the State of California are those which last less than one year. Beyond this restriction, if the term of a lease is less than one year, but the end of the term is more than one year from the date of verbal agreement, the agreement must be put in writing.

How much notice does a landlord have to give if not renewing lease California?

A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)