California Lease Agreement Requirements
California law allows landlords to enter into written and oral lease agreements. Landlords who enter into oral lease agreements must provide their tenants with a written statement of the landlord's address, name and phone number or the name of a legal agent who can accept legal documents on the landlord's behalf. They must also provide a written summary of their rent collection procedures and may have to provide mandatory written disclosures of lead-based contaminants and carcinogenic dangers.
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Mandatory Disclosures
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In California, landlords who use single utility meters must disclose this to their prospective tenants. After each tenant moves in, the landlord must enter into a written agreement as to how the tenants will divide the utility costs. Landlords must provide each of their tenants with a written "Megan's Law" disclosure. The disclosure must contain the California Department of Justice's sexual offender website registry address. Additionally, landlords who rent homes built before 1978 must provide their tenants with a lead disclosure notice and a "Protect Your Family From Lead in Your Home" pamphlet published by the Environmental Protection Agency. Landlords with at least 10 employees must disclose known carcinogenic substances in their homes.
Security Deposits
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California law requires landlords to charge less than two months of rent as a security deposit for unfurnished apartments, and they may charge up to three months of rent for furnished apartments. Landlords must return their tenants' security deposits within 21 days of vacancy and provide an itemized accounting of any fees imposed for repairs. For repairs exceeding $126, California law requires landlords to provide receipts in addition to the accounting. Additionally, landlords must refund the full security deposit amount if they do not conduct pre-occupancy and post-occupancy inspections with their tenants to document existing property damage.
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Limitations
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California caps the amount landlords can collect for screening prospective tenants. For 2009, landlords could not collect more than $42.06 from each applicant. California and federal law forbid landlords from using discriminatory lease provisions. Landlords cannot enter into rental agreements that waive their tenants' rights to necessary repairs and rights to habitable and fit housing.
Terminating the Lease Agreement
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California law requires landlords to give their tenants at least 60 days of notice, in writing, to end a year-to-year lease and 30 days' written notice to end a month-to-month lease. Landlords can give tenants only three days' notice if they are behind in rent or if they violated the terms of their agreement, engaged in illegal activity on the landlord's property or stalked or committed sexual or domestic violence against another tenant.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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