Updated on November 4, 2021
The California standard residential lease agreement is a legal document that highlights a fixed-term contract between the landlord and the tenant. It defines the terms and conditions for leasing a residential property. It is written according to the state laws and provisions under (CIV 1940 – 1954.06), AB-1482 Tenant Protection Act of 2019, and Residential Tenants’ and Landlords’ Rights and Responsibilities guide.
On the top, the agreement date, the name of the landlord, and the tenant are duly filled. The location/address of the property is also entered.
Term
It highlights the commencement date and the expiration date of the lease.
In case of lease renewal, month-to-month rent shall be initiated and a 30-day notice given in case any party wishes to terminate the tenancy.
Rent
The amount to pay and the beginning of every month. The section also highlights several rent terms as follows:
- Delinquent rent
- Prorated rent
- Returned checks
- Order in which funds are applied
- Rent increase
The sections that follow explain in detail:
- Security deposit- the amount to pay as a security deposit as well as refunds and deductions terms
- Uses of the premises- the number of occupants and users of the premises as a private entity
- Condition of the premises
- Assignment and subletting- the tenant cannot sublet or assign part of the premises without obtaining permission from the landlord
- Alterations and improvements
- Non-delivery of possession
- Hazardous materials
- Utilities
- Maintenance, repairs, and rules
- Damage to premises
- Access by the landlord for purposes of repairs, leaving notices, inspection among other things on the agreement
- Subordination of lease
- Tenants hold over
- Surrender of the premises
- Animals- no animals are allowed unless with authorization of the landlord and an application fee is stated
- Waterbeds
- Quiet enjoyment
- Default
- Indemnification
- Abandonment
- Attorney fees
- Recording of California lease agreement
- Governing law
- Severability
- Binding effect
- Descriptive headlines
- Construction
- Non-waiver
- Modification
- Notice
- Lead-based paint disclosure
- Database disclosure
- Joint and individual obligations
Foreign language negotiation- if the primary language used in the negotiation is either Chinese, Tagalog, Korean, or Vietnamese, under the California Civil Code, the Landlord shall provide Tenant a translation of this Agreement in the language used for the negotiation.
Having an attorney or a certified realtor is important in decoding the laid-out terms and conditions of the California standard residential lease agreement. The landlord can either reject or approve a rental application depending on how they view the tenant. If approved, the tenant is supposed to pay the security deposit and commence the tenancy.
California Laws
- CIV 1940 – 1954.06
