sample rental agreement california
sample rental agreement california
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CALIFORNIA RESIDENTIAL LEASE/RENTAL AGREEMENT
LANDLORD _____________________________________
TENANT(S) _____________________________________
_____________________________________
PROPERTY ADDRESS: _____________________________________
_____________________________________
1. RENTAL AMOUNT: Beginning ________________, 20____ TENANT agrees to pay LANDLORD
the sum of $________________ per month in advance on the ____ day of each calendar month.
Said rental payment shall be delivered by TENANT to LANDLORD or his designated agent to the
following location: _____________________________________________________. Rent must be
actually received by LANDLORD, or designated agent, in order to be considered in compliance with
the terms of this agreement.
2. TERM: The premises are leased on the following lease term: (please check one item only)
☐ Month-to-Month
(or)
☐ Until ________________, 20 ____.
3. SECURITY DEPOSITS: TENANT shall deposit with landlord the sum of $________________ as a
security deposit to secure TENANT'S faithful performance of the terms of this lease. The security
deposit shall not exceed two times the monthly rent. After all the TENANTS have left, leaving the
premises vacant, the LANDLORD may use the security deposit for the cleaning of the premises, any
unusual wear and tear to the premises or common areas, and any rent or other amounts owed
pursuant to the lease agreement or pursuant to Civil Code Section 1950.5. TENANT may not use
said deposit for rent owed during the term of the lease. Within 21 days of the TENANT vacating the
premises, LANDLORD shall furnish TENANT a written statement indicating any amounts deducted
from the security deposit and returning the balance to the TENANT. If TENANT fails to furnish a
forwarding address to LANDLORD, then LANDLORD shall send said statement and any security
deposit refund to the leased premises.
4. INITIAL PAYMENT: TENANT shall pay the first month rent of $________________ and the
security deposit in the amount of $________________ for a total of $________________. Said
payment shall be made in the form of cash or cashier's check and is all due prior to occupancy.
5. OCCUPANTS: The premises shall not be occupied by any person other than those designated
above as TENANT with the exception of the following named persons: ________________________
________________________________________________________________________________.
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If LANDLORD, with written consent, allows for additional persons to occupy the premises, the rent
shall be increased by $________________ for each such person. Any person staying 14 days
cumulative or longer, without the LANDLORD'S written consent, shall be considered as occupying the
premises in violation of this agreement.
6. SUBLETTING OR ASSIGNING: TENANT agrees not to assign or sublet the premises or any part
thereof, without first obtaining written permission from LANDLORD.
7. UTILITIES: TENANT shall pay for all utilities and/or services supplied to the premises with the
following exception: ________________________________________________________________
________________________________________________________________________________.
8. PARKING: TENANT ☐ is not ☐ is (check one) assigned a parking space. If assigned a parking
space it shall be designated as space #________________ TENANT may only park a vehicle that is
registered in the TENANT'S name.
TENANT may not assign, sublet, or allow any other person to use this space. The TENANT uses this
space exclusively for parking of passenger automobiles. No other type of vehicle or item may be
stored in this space without prior written consent of LANDLORD. TENANT may not wash, repair, or
paint in this space or at any other common area on the premises. Only vehicles that are operational
and currently registered in the State of California may park in this space. Any vehicle that is leaking
any substance must not be parked anywhere on the premises.
9. CONDITION OF PREMISES: TENANT acknowledges that the premises have been inspected.
Tenant acknowledges that said premises have been cleaned and all items, fixtures, appliances, and
appurtenances are in complete working order. TENANT promises to keep the premises in a neat and
sanitary condition and to immediately reimburse landlord for any sums necessary to repair any item,
fixture or appurtenance that needed service due to TENANT'S, or TENANT'S invitee, misuse or
negligence.
☐ TENANT shall be responsible for the cleaning or repair to any plumbing fixture where a
stoppage has occurred.
☐ TENANT shall also be responsible for repair or replacement of the garbage disposal where
the cause has been a result of bones, grease, pits, or any other item that normally causes
blockage of the mechanism.
10. ALTERATIONS: TENANT shall not make any alterations to the premises, including but not
limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or other items
without first obtaining written permission from LANDLORD. TENANT shall not change or install locks,
paint, or wallpaper said premises without LANDLORD'S prior written consent, TENANT shall not
place placards, signs, or other exhibits in a window or any other place where they can be viewed by
other residents or by the general public.
11. LATE CHARGE/BAD CHECKS: A late charge of 6% of the current rental amount shall be
incurred if rent is not paid when due. If rent is not paid when due and landlord issues a 'Notice To Pay
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Rent Or Quit', TENANT must tender cash or cashier's check only. If TENANT tenders a check, which
is dishonored by a banking institution, than TENANT shall only tender cash or cashier's check for all
future payments. This shall continue until such time as written consent is obtained from LANDLORD.
In addition, TENANT shall be liable in the sum of $____ for each check that is returned to
LANDLORD because the check has been dishonored.
12. NOISE AND DISRUPTIVE ACTIVITIES: TENANT or his/her guests and invitees shall not disturb,
annoy, endanger or inconvenience other tenants of the building, neighbors, the LANDLORD or his
agents, or workmen nor violate any law, nor commit or permit waste or nuisance in or about the
premises. Further, TENANT shall not do or keep anything in or about the premises that will obstruct
the public spaces available to other residents. Lounging or unnecessary loitering on the front steps,
public balconies or the common hallways that interferes with the convenience of other residents is
prohibited.
13. LANDLORD'S RIGHT OF ENTRY: LANDLORD may enter and inspect the premises during
normal business hours and upon reasonable advance notice of at least 24 hours to TENANT.
LANDLORD is permitted to make all alterations, repairs and maintenance that in LANDLORD'S
judgment is necessary to perform. In addition LANDLORD has all right to enter pursuant to Civil Code
Section 1954. If the work performed requires that TENANT temporarily vacate the unit, then TENANT
shall vacate for this temporary period upon being served a 7 days notice by LANDLORD. TENANT
agrees that in such event that TENANT will be solely compensated by a corresponding reduction in
rent for those many days that TENANT was temporarily displaced.
If the work to be performed requires the cooperation of TENANT to perform certain tasks, then those
tasks shall be performed upon serving 24 hours written notice by LANDLORD. (EXAMPLE -removing
food items from cabinets so that the unit may be sprayed for pests)
14. REPAIRS BY LANDLORD: Where a repair is the responsibility of the LANDLORD, TENANT
must notify LANDLORD with a written notice stating what item needs servicing or repair. TENANT
must give LANDLORD a reasonable opportunity to service or repair said item. TENANT
acknowledges that rent will not be withheld unless a written notice has been served on LANDLORD
giving LANDLORD a reasonable time to fix said item within the meaning of Civil Code Section 1942.
Under no circumstances may TENANT withhold rent unless said item constitutes a substantial breach
of the warrantee of habitability as stated in Code of Civil Procedure Section 1174.2.
15. PETS: No dog, cat, bird, fish or other domestic pet or animal of any kind may be kept on or about
the premises without LANDLORD"S written consent.
16. FURNISHINGS: No liquid filled furniture of any kind may be kept on the premises. If the structure
was built in 1973 or later TENANT may possess a waterbed if he maintains waterbed insurance
valued at $100,000 or more. TENANT must furnish LANDLORD with proof of said insurance.
TENANT must use bedding that complies with the load capacity of the manufacturer. In addition,
TENANT must also be in full compliance with Civil Code Section 1940.5.
☐ TENANT shall not install or use any washer, dryer, or dishwasher that was not already
furnished with the unit.
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17. INSURANCE: TENANT may maintain a personal property insurance policy to cover any losses
sustained to TENANT'S personal property or vehicle. It is acknowledged that LANDLORD does not
maintain this insurance to cover personal property damage or loss caused by fire, theft, rain, water
overflow/leakage, acts of GOD, and/or any other causes.
It is acknowledged that LANDLORD is not liable for these occurrences. It is acknowledged that
TENANT'S insurance policy shall solely indemnify TENANT for any losses sustained. TENANT'S
failure to maintain said policy shall be a complete waiver of TENANT'S right to seek damages against
LANDLORD for the above stated losses. The parties acknowledge that the premises are not to be
considered a security building which would hold LANDLORD to a higher degree of care.
18. TERMINATION OF LEASE/RENTAL AGREEMENT: If this lease is based on a fixed term,
pursuant to paragraph 2, then at the expiration of said fixed term this lease shall become a month to
month tenancy upon the approval of LANDLORD. Where said term is a month to month tenancy,
either party may terminate this tenancy by the serving of a 30-day written notice.
19. POSSESSION: If premises cannot be delivered to TENANT on the agreed date due to loss, total
or partial destruction of the premises, or failure of previous TENANT to vacate, either party may
terminate this agreement upon written notice to the other party at their last known address. It is
acknowledged that either party shall have no liability to each other except that all sums paid to
LANDLORD will be immediately refunded to TENANT.
20. ABANDONMENT: It shall be deemed a reasonable belief by the LANDLORD that an
abandonment of the premises has occurred where the, within the meaning of Civil Code Section
1951.2, where rent has been unpaid for 14 consecutive days and the TENANT has been absent from
unit for 14 consecutive days. In that event, LANDLORD may serve written notice pursuant to Civil
Code Section 1951.2. If TENANT does not comply with the requirements of said notice in 18 days,
the premises shall be deemed abandoned.
21. WAIVER: LANDLORD'S failure to require compliance with the conditions of this agreement, or to
exercise any right provided herein, shall not be deemed a waiver by LANDLORD of such condition or
right. LANDLORD'S acceptance of rent with knowledge of any default under agreement by TENANT
shall not be deemed a waiver of such default, nor shall it limit LANDLORD'S rights with respect to that
or any subsequent right. If is further agreed between the parties that the payment of rent at any time
shall not be a waiver to any UNLAWFUL DETAINER action unless LANDLORD in writing specifically
acknowledges that this constitutes a waiver to the UNLAWFUL DETAINER action.
22. VALIDITY/SEVERABILITY: If any provision of this agreement is held to be invalid, such invalidity
shall not affect the validity or enforceability of any other provision of this agreement.
23. ATTORNEY FEES: In the event action is brought by any party to enforce any terms of this
agreement or to recover possession of the premises, the prevailing party shall recover from the other
party reasonable attorney fees.
It is acknowledged, between the parties, that jury trials significantly increase the costs of any litigation
between the parties. It is also acknowledged that jury trials require a longer length of time to
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adjudicate the controversy. On this basis, all parties waive their rights to have any matter settled by
jury trial.
24. NOTICES: All notices to the tenant shall be deemed served upon mailing by first class mail,
addressed to the tenant, at the subject premises or upon personal delivery to the premises whether or
not TENANT is actually present at the time of said delivery. All notices to the landlord shall be served
by mailing first class mail or by personal delivery to the manager's apartment or to:
________________________________________________________________________________.
25. PERSONAL PROPERTY OF TENANT: Once TENANT vacates the premises, the LANDLORD
shall store all personal property left in the unit for 18 days. If within that time period, TENANT does
not claim said property, LANDLORD may dispose of said items in any manner LANDLORD chooses.
26. ADDITIONAL RENT: All items owed under this lease shall be deemed additional rent.
27. APPLICATION: All statements in TENANT'S application must be true or this will constitute a
material breach of this lease.
28. GOVERNING LAW: This Lease shall be governed by and construed in accordance with the laws
of the State of California.
29. MEGAN’S LAW: 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.
30. ADDITIONAL TERMS:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Notice: The California Department of Justice, sheriff’s departments, police departments
serving jurisdictions of 200,000 or more and many other local law enforcement authorities
maintain for public access a data base of the locations of persons required to register
pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database
is updated on a quarterly basis and a source of information about the presence of these
individuals in any neighborhood. The Department of Justice also maintains a Sex Offender
Identification Line through which inquiries about individuals may be made. This is a "900"
telephone service. Callers must have specific information about individuals they are checking.
Information regarding neighborhoods is not available through the "900" telephone service.
31. ENTIRE AGREEMENT: The foregoing agreement, including any attachments incorporated by
reference, constitute the entire agreement between the parties and supersedes any oral or written
representations or agreements that may have been made by either party. Further, TENANT
represents that TENANT has relied solely on TENANT'S judgment in entering into this agreement.
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TENANT acknowledges having been advised to consult with independent legal counsel before
entering into this Agreement and has decided to waive such representation and advice. TENANT
acknowledges that TENANT has read and understood this agreement and has been furnished a
duplicate original.
LANDLORD/AGENT’S SIGNATURE ________________________________
DATE ____________
TENANT’S SIGNATURE ________________________________
DATE ____________
TENANT’S SIGNATURE ________________________________
DATE ____________
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CALIFORNIA FLOOD DISCLOSURE
This Flood Disclosure Addendum is made part of the lease agreement dated _________________, 20____, by and
between _________________ (“Landlord”) and _________________ (“Tenant”) for the property located at
_________________, City of _________________, State of California.
Per Section 8589.45 of the Government Code, the Landlord is required to provide any and all information if the rental
property is at risk of flooding as deemed by the State of California.
The Landlord hereby discloses the following: (initial)
____ - The Landlord has NO KNOWLEDGE that the rental property is located in a special flood hazard area of an area at
risk to potential flooding;
OR
____ - The Landlord IS AWARE and discloses to Tenant the rental property is located in a flood hazard area or an area
that has a high risk to potential flooding. Under State law, the Landlord can declare they have actual knowledge of a
flooding hazard on the rental property if one (1) of the following are true:
• The Landlord currently holds flood insurance on the rental property;
• The Landlord has received notice from a public, government, or equivalent agency that the
rental property is located in a special flood hazard zone or an area of potential flooding; or
• The Landlord’s mortgage holder requires the Landlord to carry flood insurance.
The Tenant has the right to seek information about hazards, not limited to flooding, that may affect the rental property
from the Office of Emergency Services at the web address of http://myhazards.caloes.ca.gov/.
It shall be known that the Landlord’s insurance does not cover the loss of the Tenant’s personal possessions or for any
relocation expenses. Any losses would be the sole responsibility of the Tenant. Therefore, the Tenant should consider
purchasing their own insurance to cover these items. The Landlord does not need to provide any additional information
concerning the potential of flood hazards on the rental property.
The following parties have reviewed the information about and certify, to the best of their knowledge, that the information
provided by the signatory is true and accurate.
LANDLORD/AGENT’S SIGNATURE ________________________________
DATE ____________
TENANT’S SIGNATURE ________________________________
DATE ____________
TENANT’S SIGNATURE ________________________________
DATE ____________
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