The California Month-to-Month Residential Rental Agreement is a legal document that governs the relationship between the landlord and the tenant. The lease agreement can be canceled at any time by either party regarding the set rules. Notice terminations are set on different durations depending on the tenant’s stay. The lease agreement is written following California state law (Cal. Civ. Code § 1946 & § 827a).
How do you write a California Month-To-Month Residential Rental Agreement
- The date the agreement is entered
- The name of the tenant
- The name and contact information of the landlord
Premises and occupants
- The address of the premises
- The name of the occupant as well as the number and names of minor children
The tenancy can be terminated by either party as long as the required notice duration has been adhered to. A 30 – day notice is given to tenants who have stayed for less than a year and a 60-day duration for those who have exceeded over a year.
- The agreement comes with an attachment that indicates the rent amount, procedures, and policies regarding the same.
- The agreement also comes with a Promissory Note for monthly loan payment amount and procedures when it comes to depositing. The deposit cannot be used as rent and can be used with reasons to do repairs for damages caused by the tenant upon vacating the premises.
The sections that follow touch briefly on the following sectors:
- Quiet enjoyment
- Repairs and alterations
- Acceptance of premises
- Care, Cleaning, and Maintenance
- Landlord’s access for inspection and emergencies
- Prohibition on assignment and subletting
- Possession of the premises
- Damages to the premises
- Tenants’ Financial Responsibility and Renters’ Insurance
- Waterbed, pets, and smoke detector devices
- Moving services
- Addenda- the tenant should acknowledge receiving and reading copies of applicable addenda that comes with this lease agreement
- Entire agreement
- Grounds of termination of tenancy
- Payment of attorney fees in a lawsuit
- Authority to receive legal papers- the address of the manager. The landlord and the tenant should be duly filled here
The name of the landlord and the tenant as well as the date should be undersigned once both parties have agreed to the terms of the lease.
It is important to understand that the California Month-to-Month Residential Rental Agreement subjects the premises to be used only by the listed occupants and the minors only. It is limited to private use and any other use goes against the California state laws.
- Cal. Civ. Code § 1946 & § 827a