California Residential Lease

Easily create a residential lease or month-to-month rental agreement for single or multiple tenants in California with this ready-to-use legal form, complete with detailed clause-by-clause instructions, so all you have to do is fill in the blanks. This form lets you specify who can live on the property, the amount of rent, and how it's to be paid; set the security deposit and explain how it will be used and returned; explain your rights to enter the rental and the tenant's and landlord's upkeep responsibilities.

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lease

Residential Lease

month-to-month

Residential Month-to-Month Rental Agreement

Identification of Landlord and Tenant

This Agreement is between  ("Tenant") and  ("Landlord"). Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement.

Identification of Premises and Occupants

Subject to the terms and conditions set forth in this Agreement, Landlord rents to Tenant, for residential purposes only, the premises located at , California ("Premises"). The Premises will be occupied by the Tenant and the following minor children: . Rental of the Premises also includes .

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Spaces or items are excluded

Rental of the Premises excludes: .

Limits on Use and Occupancy

The Premises are to be used only as a private residence for Tenant and any minors listed in Clause 2 of this Agreement, and for no other purpose without Landlord's prior written consent. Occupancy by guests for more than ten days in any six-month period is prohibited without Landlord's written consent and will be considered a breach of this Agreement.

 Defining the Term of the Tenancy

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lease

The term of the rental will begin on , and will expire on . Should Tenant vacate before expiration of the term, Tenant will be liable for the balance of the rent for the remainder of the term, less any rent Landlord collects or could have collected from a replacement tenant by making reasonable attempts to rerent. Tenants who vacate before expiration of the term are also responsible for Landlord's cost to advertise for a replacement tenant. 

month-to-month

The term of the rental will begin on  and will continue on a month-to-month basis. This tenancy may be terminated by Tenant, and modified or terminated by Landlord, as follows (subject to any local rent control ordinances that may apply):

a. Tenant must give 30 days' notice to terminate the agreement.

b. For tenancies that have lasted less than one year, Landlord must give 30 days' notice to terminate. If the tenancy has lasted one or more years, landlord must give 60 days (some exceptions apply).

c. To change a clause of the tenancy other than the amount of rent charged, Landlord must give 30 days' notice.

Amount and Schedule for the Payment of Rent

Tenant will pay to Landlord a monthly rent of $, payable in advance on the  day of each month, except when that day falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent will be paid to .

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Rent by mail or in person accepted

Rent will be paid at , or at such other place as Landlord will designate from time to time.

The form of payment will be:

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cash cash
personal check personal check
certified funds or money order certified funds or money order
credit or debit card credit or debit card
electronic funds transfer

electronic funds transfer:

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Rent personally accepted

Rent is accepted during the following days and hours: .

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prorate partial first month's rent

On signing this Agreement, Tenant will pay to Landlord for the period of  through  the sum of $ as rent, payable in advance of the start of the tenancy. 

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require first full month's rent

Upon move-in, Tenant will owe as rent the prorated rent specified above, plus one full month's rent, as specified in Clause 5, for a total of $.

Late Charges

Because Landlord and Tenant agree that actual damages for late rent payments are very difficult or impossible to determine, Landlord and Tenant agree to the following stated late charge as liquidated damages. 

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grace days Tenant will pay Landlord a late charge if Tenant fails to pay the rent in full within  days after the date it is due.
no grace days Tenant will pay Landlord a late charge if Tenant fails to pay the rent on the day it is due.

The late charge will be $, plus $ for each additional day that the rent continues to be unpaid. The total late charge for any one month will not exceed $. Landlord does not waive the right to insist on payment of the rent in full on the date it is due.

Returned Check and Other Bank Charges

If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason, Tenant will pay Landlord a returned check charge of $25 for the first check issued by Tenant and rejected by the bank, and $35 for every subsequent rejected check.

Amount and Payment of Deposits

On signing this Agreement, Tenant will pay to Landlord the sum of $ as a security deposit. Tenant may not, without Landlord's prior written consent, apply this security deposit to the last month's rent or to any other sum due under this Agreement. Within twenty-one (21) days after Tenant has vacated the premises, Landlord will furnish Tenant with an itemized written statement of the reasons for, and the dollar amount of, any of the security deposit retained by the Landlord, along with a check for any deposit balance. Under Section 1950.5 of the California Civil Code, Landlord may withhold only that portion of Tenant's security deposit necessary to: (1) remedy any default by Tenant in the payment of rent; (2) repair damages to the premises exclusive of ordinary wear and tear; (3) clean the premises if necessary to restore it to the same level of cleanliness it was in at the beginning of the tenancy; and (4) remedy any default by tenant, under this agreement, to restore, replace, or return any of Landlord's personal property mentioned in this agreement, including but not limited to the property referred to in Clause 11.

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Berkeley Landlord will pay Tenant interest on the security deposit as required by law.
Hayward Landlord will pay Tenant interest on the security deposit as required by law.
Los Angeles Landlord will pay Tenant interest on the security deposit as required by law.
San Francisco Landlord will pay Tenant interest on the security deposit as required by law.
Santa Cruz Landlord will pay Tenant interest on the security deposit as required by law.
Santa Monica
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Yes Landlord will pay tenant interest on the security deposit as follows: .
No Per state law, landlord will not pay interest on the security deposit.
Watsonville Landlord will pay Tenant interest on the security deposit as required by law.
West Hollywood Landlord will pay Tenant interest on the security deposit as required by law.
All other cities
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Yes Landlord will pay tenant interest on the security deposit as follows: .
No Per state law, landlord will not pay interest on the security deposit.

Utilities

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Tenant pays all utilities Tenant is responsible for paying all utilities.
Tenant pays all utilities except specified Tenant is responsible for paying all utilities except the following: .

Prohibition of Assignment and Subletting

Tenant will not sublet any part of the Premises or assign this Agreement without the prior written consent of Landlord.

Condition of the Premises

Tenant agrees to: (1) keep the Premises clean and sanitary and in good repair and, upon termination of the tenancy, to return the premises to Landlord in a condition identical to that which existed when Tenant took occupancy, except for ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous conditions in and about the premises of which they become aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the Premises, including Landlord's personal property therein, damaged by Tenant or Tenant's guests or invitees through misuse or neglect.

Possession of the Premises

If, after signing this Agreement, Tenant fails to take possession of the premises, Tenant will still be responsible for paying rent and complying with all other terms of this Agreement. In the event Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including but not limited to failure of prior occupants to vacate or partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.

Pets

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No pets No animal may be kept on the Premises without Landlord's prior written consent, except animals needed by tenants who have a disability, as that term is understood by law.
Specified types of pets allowed No animal may be kept on the Premises without Landlord's prior written consent, except animals needed by tenants who have a disability, as that term is understood by law, except for the following: , under the following conditions: .

Landlord's Access for Inspection and Emergency

Landlord or Landlord's agents may enter the Premises, with or without Tenant's presence, to make necessary or agreed repairs, alterations, decorations, or improvements; to supply necessary or agreed services; to inspect for waterbed violations; to show the Premises to prospective or actual buyers, mortgagees,  tenants, workers, or contractors; to conduct an initial move-out inspection as provided by California Civil Code Section 1950.5(f); and pursuant to court order or agreement with Tenant. Landlord will give Tenant reasonable notice of intent to enter (at least 24 hours' notice) and will enter only during regular business hours.  When entry is for the purpose of an initial move-out inspection, the notice period will be 48 hours. Notices will include the purpose, date, and approximate time of the intended entry. Landlord may enter without notice and at any time in case of emergency or when Tenant has abandoned or surrendered the Premises.

Extended Absences by Tenant

Tenant agrees to notify Landlord in the event that Tenant will be away from the Premises for  consecutive days or more. During such absence, Landlord may enter the Premises at times reasonably necessary to maintain the property and inspect for damage and needed repairs.

Prohibitions Against Violating Laws and Causing Disturbances

Tenant will be entitled to quiet enjoyment of the Premises. Tenant and Tenant's guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession, or sale of illegal drugs; (2) commit waste or cause or tolerate a nuisance; or (3) annoy, disturb, inconvenience, or interfere with the quiet enjoyment and peace and quiet of any other tenant or nearby resident.

Repairs and Alterations

Except as provided by law or as authorized by the prior written consent of Landlord, Tenant will not make any repairs or alterations to the Premises. Tenant will not, without Landlord's prior written consent, alter, rekey, or install any locks to the Premises; or install or alter any burglar alarm system. Should Landlord give consent, Tenant will provide Landlord with a key or keys capable of unlocking all such rekeyed or new locks, as well as instructions on how to disarm any altered or new burglar alarm system.

Damage to the Premises

In the event the Premises are partially or totally damaged or destroyed by fire or other cause, the following will apply:

a.   Premises totally damaged and destroyed. Landlord will have the option to: (1) repair such damage and restore the premises, with this Agreement continuing in full force and effect, except that Tenant's rent will be abated while repairs are being made; or (2) give written notice to Tenant terminating this Agreement at any time within thirty (30) days after such damage, and specifying the termination date; in the event that Landlord gives such notice, this Agreement will expire and all of Tenant's rights pursuant to this Agreement will cease.

b. Premises partially damaged by fire or other cause. Landlord will attempt to repair such damage and restore the premises within thirty (30) days after such damage. If only part of the premises cannot be used, Tenant must pay rent only for the usable part, to be determined by Landlord. If Landlord is unable to complete repairs within thirty (30) days, this Agreement will expire and all of Tenant's rights pursuant to this Agreement will terminate at the option of either party. Whether the Premises are totally or partially destroyed will be decided by Landlord, in the exercise of its sole discretion.

c.   In the event that Tenant, or Tenant's guests or invitees, in any way caused or contributed to the damage of the Premises, Landlord will have the right to terminate this Agreement at any time, and Tenant will be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income.

d.   Landlord will not be required to repair or replace any property brought onto the premises by Tenant.

Renters' Insurance

Tenant acknowledges that Landlord's property insurance policy will not cover damage to or loss of Tenant's personal property. Tenant will obtain a renters' insurance policy that will:

  • reinmburse Landlord for cost of fire or water damage and vandalism to the premises
  • indemnify Landlord against liability to third parties for any negligence on the part of Tenant, Tenant's guests, or invitees, and
  • cover damage to Tenant's personal possessions to a minimum of $100,000. 

Tenant will provide Landlord with proof of such policy by giving Landlord a certificate of insurance issued by the insurance company within fifteen (15) days of . The policy will include Landlord as an "additional insured." Tenant will provide Landlord with a certificate of insurance upon every renewal. Tenant will not allow such policy to expire during the rental term. Failure to obtain and maintain a renters' insurance policy will be treated as a material breach of this agreement.

Waterbeds

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No waterbeds allowed No waterbeds or other water-filled furniture may be brought onto the Premises.
Waterbeds allowed If Tenant wishes to bring a waterbed or any other water-filled furniture onto the Premises, Tenant must first obtain Landord's written consent and must abide by Landlord's Waterbed Agreement.

Cash-Only Rent

Tenant will pay rent in the form specified above. Tenant understands that if Tenant pays rent with a check that is not honored due to insufficient funds, or with a money order or cashier's check whose issuer has been instructed to stop payment, Landlord has the legal right to demand that rent be paid only in cash for up to three months after Tenant has received proper notice. In that event, Landlord will give Tenant the legally required notice and Tenant agrees to abide by the change in the terms of this tenancy.

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attorney fees

Attorney Fees and Court Costs

In any litigation concerning the meaning or implementation of this Agreement, the prevailing party will be entitled to attorney fees and court costs from the losing party.

 Authority to Receive Legal Papers

Any person managing the premises, the Landlord, and anyone designated by the Landlord are authorized to accept service of process and receive other notices and demands, which may be delivered to:

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Manager

The manager, , at ; phone: ; email: .

Landlord

The Landlord, , at ; phone: ; email: .

Other

 at ; phone: ; email: .

Disclosure, State Database of Registered Sex Offenders

Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet website maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.

Lead-Based Paint and/or Lead Based Paint Hazards

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Post-1978 construction The premises are exempt from federal lead-based paint and paint hazards disclosure requirements.
Pre-1978 construction
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property is not exempt Tenant has received the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards, and the booklet, Protect Your Family From Lead in Your Home.
property is exempt The premises are exempt from federal lead-based paint and paint hazards disclosure requirements.

Grounds for Termination of Tenancy

The failure of Tenant or Tenant's guests or invitees to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenant's Rental Application, are grounds for termination of the tenancy, with appropriate notice to Tenant and procedures as required by law.

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Landlord makes the following additional disclosures regarding the rental property

Additional Disclosures

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Periodic pest control

The premises are periodically serviced by a registered structural pest control company. Landlord will provide Tenant with the notice prepared by this company. (Calif. Business & Professions Code Section 8538).

Demolition plans

Landlord has applied for a permit to demolish the residential dwelling unit.

Ordnance proximity

A former federal or state ordnance facility existed in the neighboring area.

Notice of default

The foreclosure process has begun on this property, which means that this property may be sold at foreclosure. If you rent this property and a foreclosure sale occurs, the sale may affect your right to continue to live here. The new owner must honor the terms and conditions of the lease, unless the new owner will occupy the property as a primary residence, or in other limited circumstances. A new owner who intends to occupy must serve you with a 90 days’ written tenancy termination notice, and can evict you only if you fail to move after receiving such a notice. In some cases and in cities with "just cause for eviction" laws, the new owner may not be able to terminate the rental agreement using such a notice.

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The lease includes additional provisions

Additional Provisions

Additional provisions are as follows:

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Tenant will receive written rules and regulations 

Rules and Regulations

Tenant acknowledges receipt of, and has read a copy of, Landlord's rules and regulations, which are attached to and incorporated into this agreement by reference. Tenant understands that serious or repeated violations of the rules may be grounds for termination.

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Landlord will accept a cosigner 

Cosigner Agreement

Cosigner agrees to be jointly and severally liable with Tenant for Tenant's obligations arising out of this lease, including but not limited to unpaid rent, property damage, and cleaning and repair costs. Cosigner further agrees that Landlord will have no obligation to give notice to Cosigner should Tenant fail to abide by the terms of the lease or lease. Landlord may demand that Cosigner perform Tenant's obligations under this Agreement without first using Tenant's security deposit.


Keep Together

Entire Agreement, Modifications in Writing

This document constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Landlord or Tenant. Any modifications to this Agreement must be in writing signed by Landlord and Tenant. 

Signature: ____________________________________________         Date: _______________ 




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one

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________    

two

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

three

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________
four

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Tenant: _____________________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

 

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Landlord will accept a cosigner
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one

Cosigner: _______________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

two

Cosigner: _______________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

Cosigner: _______________________________________         Date: ________________
Current address: _______________________________________________________________
Email: _____________________________________________    Phone: (_____)___________

 

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