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Rental Application – Landlords ask tenants to fill out this form who apply to rent property and includes personal information, employment history, and references in order to verify that the tenant is credible.
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Short-Term (Vacation) Lease Agreement: Free Template Downloads5 (11)
What the form covers?
This California residential lease agreement is used by landlords and tenants and includes required disclosure forms and covers the following laws; rent control and rent Increases, evictions, security deposits, discrimination, rent payments, late fees, tenant privacy, termination of tenancy, and COVID-19 protections.
The following includes an in-depth look at what laws are included in the California residential lease agreement form:
- Rent Control and Rent Increases
- Eviction Laws
- Security Deposits
- Discrimination
- Rent Payment and Grace Periods
- Tenant Privacy
- Lease Agreements
- Termination of Tenancy
- COVID-19 Tenant Protections
Rent Control and Rent Increases
Summary (Statewide Rent Caps AB 1482[↗]):
- Rent control laws in Los Angeles, San Francisco, and Oakland limit the rent increases.
- Landlords cannot raise rents more than 5% plus inflation (10% of rent) for rental units not covered by the statewide cap or built before the year 2005.
Eviction Laws
Summary (California Courts[↗]):
- Landlords have the right to evict a tenant if there is a breach in the contract or nonpayment of rent, this is called having ‘just cause for eviction.’
- If the tenant does something illegal on the rental property.
- Damages the property (committing waste)
Notice Requirements:
- Nonpayment of rent or breach of contract – 3 days notice
- Month-to-month leases – 30/60 day notice rule
Security Deposits
Summary (CIV § 1950.5(f)[↗]):
- 21 Days – landlords must return all deposits within 21 days of the lease end date.
- 2 months’ rent – maximum amount landlords can request from tenants for unfurnished rental units and 3 months’ rent for furnished units.
Discrimination
Landlords cannot discriminate when finding tenants for their rental units based on:
- race
- color
- religion
- gender
- mental/physical disability
Rent Payment and Grace Periods
Summary (Civil Code § 1719[↗]):
- The agreed upon date in the agreement must state the date when rent is due.
- Grace periods are not mandated by law although landlords can charge a late fee for late rent if it is written in the lease agreement.
- If a rent check is bounced, the landlord can charge a NFS fee up to $25 for the first one and $35 per bounced check for any others.
Tenant Privacy
Summary (§ 1954[↗]):
- Landlords must give a 24-hour notice to tenants prior to entering rental unit for maintenance and repairs, showings, or inspections, except in emergencies.
- In an emergency, landlords do not have to give tenants prior notice.
Lease Agreements
Summary (California’s Statute of Frauds[↗]):
- Tenants have protections under California Law with or without a written lease for periods of under a year.
- For leases that are longer than one-year, they must be in writing for tenants to have full protections.
Termination of Tenancy
Summary (§ 1946.7.[↗]):
- Tenants who are on active military duty can terminate tenancy.
- Tenants who can terminate lease if they are domestic violence victims. Tenants must submit the reports and any other documentation to back up claim.
COVID-19 Tenant Protections
Summary (California Covid-19 Rent Relief Program[↗]):
- During the pandemic, rent relief and utility assistance programs were put in place because of the covid-19 emergency.