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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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California Association of Realtors Residential Lease Agreement – PDF
What the California rental lease agreement form covers?
This California rental 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, COVID-19 protections, required disclosure forms, and maintenance and repairs.
The following includes an in-depth look at what laws are included in the California residential lease agreement form:
- Rent Control and Rent Increases in CA
- Eviction Laws
- Security Deposit Requirements
- Discrimination Laws
- Rent Payment and Grace Periods
- Tenant Privacy
- Lease Agreements in Writing
- Termination of Tenancy
- COVID-19 Tenant Protections
- Required Landlord Disclosure Forms
- Maintenance and Repairs
- Utility Responsibilities in California
- Pet Policies
Rent Control and Rent Increases in CA
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.
California 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 Deposit Requirements
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
- 3 months’ rent – maximum for furnished units.
Discrimination Laws in California
Summary (California Fair Employment and Housing Act (FEHA), Fair Housing Act): 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 Laws
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 in Writing vs. Verbal
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 Rules
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.
Required Landlord Disclosure Forms
Summary: Landlords in California are required to provide the following disclosure forms to tenants.
- Lead-Based Paint Disclosure Form (hud.gov) – For properties built before 1978, landlords must disclose any risks related to lead-based paint and provide an EPA-approved pamphlet.
- AB 1482 (Just Cause and Rent Limit Addendum) (California Civil Code § 1946.2 & § 1947.12)
- Asbestos Disclosure (§ 25915 – § 25915.5) – If a property built before 1979 contains asbestos, landlords must notify tenants about its presence and location.
- Bed Bug Addendum (§ 1954.603) – Landlords must provide tenants with a bed bug addendum with information on the pest, prevention, and how to report infestations to the landlord.
- Carbon Monoxide Detector Compliance (HSC § 17926.10)– Landlords must install carbon monoxide detectors in all living units with fossil-fuel heaters or appliances.
- Carcinogenic Material (Conditional) (Regs. 27, § 25607.34) – Landlords with 10 or more employees must notify tenants if the property contains known carcinogens listed under Proposition 65.
- Landlord/Property Manager Contact Information (§ 1962) – Landlords must provide their name, address, phone number, and details of the property manager. They must also disclose where, when, and how rent payments should be made.
- Obligations of Non-Material Facts/Death (§ 1710.2) – If there was a death on the property, the landlord must disclose these facts to the tenant, unless the prior occupant who died was HIV-Positive or related to any AIDs issues then the landlord does not have to disclose to the tenant.
- Demolition (§ 1940.6) – If demolition is planned, tenants must be informed before signing the lease.
- Flood Hazard (§ 8589.45) – If a property is in a high-risk flood zone, landlords must include this information in the lease
- Megan’s Law (§ 2079.10(a))(meganslaw.ca.gov) – Tenants must be notified in writing about California’s online registry of sex offenders.
- Methamphetamine Contamination (§ 25400.45) – Landlords must disclose if the property has been contaminated by chemicals used in methamphetamine production.
- Mold (§ 26147) – If known harmful mold is present, landlords must notify tenants. If unaware of mold issues, landlords may provide a general disclosure form.
- Pest Control (§ 1940.8) – Landlords must provide tenants with a list of pesticides used if they have a contract with a pest control company. Failure to do so may result in fines of up to $2,500.
- Proximity to Military Bases (§ 1940.7) – If a property is within 1-mile of a military base using heavy ordnance, landlords must disclose this before signing the lease.
- Smoking and Cannabis Policies (§ 1947.5) – Landlords must include rules about smoking in the lease agreement, including whether it’s allowed or prohibited on the property.
- Shared Utilities (§ 1940.9) – Landlords must explain how utilities are shared between units and common areas and disclose the method for dividing costs.
- Radon Gas Disclosures
- Seismic safety or earthquake hazard zones disclosures
Maintenance and Repairs
Summary (California Civil Code § 1942(b)):
- Landlords have 30 days to complete requested repairs after receiving reasonable notice from a tenant.
- For emergencies or valid reasons, repairs can be requested sooner.
Utility Responsibilities in California for Vacation Homes
Summary (oag.ca.gov):
- Electricity & Gas– Units must have separate meters. If shared, landlords must disclose and set payment the terms.
- Water & Trash – Responsibility isn’t mandated; leases should clarify who pays. Landlords should include the costs in rent.
- Shared Meters – Landlords must inform tenants of shared meters and outline cost-sharing in writing. No profits allowed.
- Unpaid Bills – The account holder pays. For water, landlords may be liable if tenants default on payments.
Pet Policies and Emotional Support Animals
Summary: In California, rental pet policies follow the following rules.
- Emotional Support and Service Animals (disabilityrightsca.org) – Service and emotional support animals must be allowed, even with “no pets” policies, and no extra fees can be charged.
- Affordable Housing (California Pet Friendly Housing Act) – New affordable housing must allow common household pets.
CA Apartment and Home Rentals: Short and Long Term Leases
California Rentals: Vacation/On the Beach Homes
Some listings may have been affected by the California wildfires as many homes and properties are no longer available. Cal Fire (fire.ca.gov) and Frontline Wildfire Defense (frontlinewildfire.com) share the most current and updated emergency incidents in California.