California Standard Residential Lease Agreement Template

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The California standard residential lease agreement is structured around a one (1) year term, in which the tenant is legally bound to pay a monthly rent to maintain residency. It is highly recommended that the landlord conduct a background check on any applicant (See the Rental Application), due to information that can be uncovered that could sway the landlord’s decision on accepting the new tenant. If the landlord accepts, they may charge the new tenant with a security deposit usually equal to one (1) month’s rent (the State cap is two (2) months for unfurnished units and three (3) months for furnished units (Section 1950.5)). The deposit is to ensure that any damage to the property following the execution of the lease agreement will be covered.

Laws – (See Guide to Landlords’ and Tenants’ Rights and Responsibilities)

Versions

Required Disclosures (12)

AB 1482 Just Cause Addendum (CIV 1946.2(e)) & 1947.12(d)(5)(B)(i)) – Must be attached and signed by all tenants for landlords unless exempt.

Bedbug Addendum (CIV § 1942.5(a)(1)) – The landlord acknowledges there are no bedbugs before the move-in date by the tenant.

Demolition (CIV § 1940.6) – Any type of permit from a municipal office to demolish a residential unit must be disclosed to the tenant before accepting a rental contract or deposit.

Death on Premises (CIV § 1710.2) – A landlord must disclose to a prospective tenant a death that occurred in the unit if it is considered to be material, but is not required to disclose a death that occurred more than three years before the tenant offers to lease the unit, or if a previous occupant had HIV or died from AIDS-related complications.

Flood Disclosure (GOV § 8589.45) – Mandatory as of July 1, 2018. The landlord or owner is required to inform the tenant if the property is located in any special flood area.

Lead-Based Paint Disclosure – Only required for any housing structure built prior to 1978.

Megan’s Law Disclosure (CIV § 2079.10a) – The following statement is required to be in every residential contract written in California:

“Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.”

Mold Disclosure (HSC § 26147 & 26148) – The landlord must disclose to the tenant the health risks of mold by attaching this document to the lease.

Ordinance Locations (CIV § 1940.7(b)) – The landlord of a residential dwelling unit who has knowledge of any former federal or state ordinance locations in the neighborhood area shall give written notice to a prospective tenant.

Pest Control (GOV § 1099) – If any remediation has been conducted on the property, an inspection report provided by the pest control company must be given to the tenant.

Shared Utilities (CIV § 1940.9) – If the unit has a shared electrical or gas meter, the agreement must state how the utilities must be split between the parties.

Smoking Policy Disclosure (CIV § 1947.5) – The landlord must disclose whether smoking is tolerated.

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