California lease agreements are written documents used to create a binding agreement in which a tenant agrees to pay rent in exchange for living or working in a rental property. Contracts are concluded between two (2) parties: an owner (manager of a tenancy) and the tenant(s) (those who live or work in the tenancy). The forms describe the legal responsibilities of landlords and tenants and serve to ensure that there is little or no confusion about rent levels, utilities, repairs, contact methods, etc. California requires owners to provide disclosure of military ammunition for any property within 1 mile of military training grounds or weapons depots under a lease. These regulations pose a risk to residents who must be informed of the risks before signing the lease. This disclosure is often included as a section in the lease itself. Monthly Lease – Similar to a standard lease, except that the contract is renewed every thirty (30) days and continues indefinitely until one of the parties terminates the contract. If pesticides are administered to a unit in a rental building, all adjacent tenants and anyone at risk of secondary exposure must be notified at least 24 hours in advance of application. The application may require a temporary relocation of other tenants, which must be disclosed in the lease to be enforceable and avoid possible damages charged to the landlord. Mold Disclosure (§ 26147-26148) – The landlord must disclose to the tenant the health risks of mold by attaching the document to the contract. Monthly Lease (Section 1946) – Lease with no end date.

Either party may terminate with 30 days` notice if the lease is less than 1 year and 60 days if the lease is longer than one year. Risk of flooding (§ 8589.45) – If the rental property is located in a location where there is a high risk of flooding, the landlord must disclose this knowledge as part of the rental agreement made available to the new tenant (as of July 1, 2018). A landlord must provide a lease that includes notice of any previous contamination caused by the production of methamphetamine on the property, and all potential tenants must sign and acknowledge this fact. (Cal. HSC § 25400.28) Subletting – If the main lease allows, this can be implemented if a “sub-owner” wants to lease a property to a “sub-tenant”. This notice must be included in each lease so that the prospective tenant knows that they can search the Internet for registered sex offenders in their area. Landlords must provide a clause outlining prohibited and limited smoking areas for leases signed after January 1, 2012. (Cal.

Civ. Code § 1947.5) As long as the minimum requirement of the federal government is met, states may enact different laws and regulations for the rental and leasing of real estate. It is important to familiarize yourself with the specifics and requirements of California state law to ensure that your lease adequately protects your financial and legal rights. Rental agreement with rental option (rental option) – This agreement is used to rent a fixed-term property and to give the tenant the opportunity to purchase the property under certain conditions. In California, landlords must provide mold disclosure as part of the lease if there is a known presence of toxic mold or a high probability of formation. This disclosure must be made at the same time or on the lease itself, unless the form has been corrected in accordance with California`s security policies. It can also be included in the absence of known mold as a safety measure for tenants and to minimize the liability of the owner. The California monthly lease is popular with people who don`t plan to live on a property for a predetermined period of time.

In the case of a monthly rental or an unlimited rental, the contract ends and begins every thirty (30) days. Although this type of lease is less restrictive than average, it is still recommended that the landlord check the background of the new tenant with a rental application, as important information can be discovered through this process. Along. Landlords must explicitly include a provision in the lease that directs the tenant to the website operated by the Department of Justice www.meganslaw.ca.gov. If a landlord intends to demolish a rental unit or building, California law requires that this intention be disclosed in the lease. They must provide the approximate date on which the demolition will take place and are not allowed to complete the demolition before that day, otherwise they will be fined $2500 plus damages. Smoking Policy (§ 1947.5) – Prior to the tenancy, the landlord must provide the lease with a full disclosure setting out the rules and regulations for smoking cigarettes (tobacco) on the property or that smoking on the premises is completely prohibited. (HcD offers a guide on how landlords can ban smoking in rented apartments.) Lead-based paint (42 U.S. Code § 4852d) – The EPA and HUD have issued a federal executive order requiring that all rental properties built before 1978 that contain lead paint be accompanied by a lease that discloses the potential risks of contact with the deleterious substance. Pet Addendum – An addition to the lease if the tenant wants to bring a pet to the premises. California`s sublease agreement allows a tenant (sublet) of a property to introduce a subtenant called a “subtenant.” This type of agreement divides the rent between the subtenant and the subtenant(s) in order to bring financial relief to the latter party.

This document is strictly between the above parties and does not directly involve the landlord (although the landlord must be informed of the subtenant before signing the sublease). It should be noted that the framework rental contract. Shared Utilities (§ 1940.9) – If the unit has a common electricity or gas meter, the agreement must specify how the utilities are to be divided between the parties. Subletting – A form that allows tenants to introduce one (1) or more new tenants into their property and take their rent payments so that the original tenant can release the rent. .