[CA] What should a California residential lease agreement include?
Is my lease agreement missing anything?
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A California residential lease agreement should include the following key items to ensure legal compliance and clearly define the rights and responsibilities of both landlord and tenant:
- Identification of the Parties
- Full legal names and contact information for the landlord/property manager and all tenants (Civil Code § 1940–1954).
- Description of the Property
- Complete property address, unit number, including parking or storage areas, and any restricted-access areas.
- Lease Term
- Start and end dates for a fixed-term lease, or terms and notice requirements for a month-to-month agreement.
- Rent Details
- Monthly rent amount, due date, accepted payment methods, and any late-fee policies (Civil Code § 1947).
- Security Deposit
- Deposit amount (subject to California limits), conditions under which it may be used, and timeline/requirements for its return (Civil Code § 1950.5).
- Maintenance Responsibilities
- Landlord’s obligation to maintain habitability and perform repairs (Civil Code § 1941 & § 1941.1).
- Tenant’s duty to keep the property clean, avoid damage, and report issues (Civil Code § 1942).
- Pet Policy
- Whether pets are permitted, any restrictions on species/breed/number, required deposits or fees, and liability for damage.
- Early Termination Terms
- Fees or penalties if the tenant ends the lease early and the landlord’s duty to mitigate damages.
- Required California Disclosures
- Examples include: pest control information, lead-based paint (for pre-1978 homes), mold, methamphetamine contamination, military ordnance areas, bedbug disclosure, flood risk, smoking policy, and, if applicable, rent-control notices and Megan’s Law/sex offender registry notice.
- Restrictions and Rules
- Prohibitions on illegal activities, smoking rules, occupancy limits, noise policies, and any house rules.
- Notice Provisions
- Requirements for landlord entry, notice needed for rent increases, and procedures related to eviction or breach (Civil Code § 1954).
- Additional Clauses
- Severability clause, subletting rules, quiet enjoyment, addenda (pet, parking, smoking, etc.).
These elements help ensure the lease complies with California landlord-tenant law and clearly establishes expectations for both parties.
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Is my lease agreement missing anything?
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I understand that ensuring your document is complete is important to you. What type of document are you looking to have reviewed?
California Residential Lease Agreement.
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Dan
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A California residential lease agreement should include the following key items to ensure legal compliance and clearly define the rights and responsibilities of both landlord and tenant:
- Identification of the Parties
- Full legal names and contact information for the landlord/property manager and all tenants (Civil Code § 1940–1954).
- Description of the Property
- Complete property address, unit number, including parking or storage areas, and any restricted-access areas.
- Lease Term
- Start and end dates for a fixed-term lease, or terms and notice requirements for a month-to-month agreement.
- Rent Details
- Monthly rent amount, due date, accepted payment methods, and any late-fee policies (Civil Code § 1947).
- Security Deposit
- Deposit amount (subject to California limits), conditions under which it may be used, and timeline/requirements for its return (Civil Code § 1950.5).
- Maintenance Responsibilities
- Landlord’s obligation to maintain habitability and perform repairs (Civil Code § 1941 & § 1941.1).
- Tenant’s duty to keep the property clean, avoid damage, and report issues (Civil Code § 1942).
- Pet Policy
- Whether pets are permitted, any restrictions on species/breed/number, required deposits or fees, and liability for damage.
- Early Termination Terms
- Fees or penalties if the tenant ends the lease early and the landlord’s duty to mitigate damages.
- Required California Disclosures
- Examples include: pest control information, lead-based paint (for pre-1978 homes), mold, methamphetamine contamination, military ordnance areas, bedbug disclosure, flood risk, smoking policy, and, if applicable, rent-control notices and Megan’s Law/sex offender registry notice.
- Restrictions and Rules
- Prohibitions on illegal activities, smoking rules, occupancy limits, noise policies, and any house rules.
- Notice Provisions
- Requirements for landlord entry, notice needed for rent increases, and procedures related to eviction or breach (Civil Code § 1954).
- Additional Clauses
- Severability clause, subletting rules, quiet enjoyment, addenda (pet, parking, smoking, etc.).
These elements help ensure the lease complies with California landlord-tenant law and clearly establishes expectations for both parties.
Dan
Thank you for reaching out. Feel free to return anytime if you have more questions.
Dan
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