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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.
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
- During the pandemic, rent relief and utility assistance programs were put in place because of the covid-19 emergency.
Sample California Residential Lease Agreement Template
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