Your state may have specific statutes applicable to your lease agreement. Use the information provided below to prepare your Lease Rental Agreement to conform to state landlord tenant laws. The notice periods listed are the state's minimum requirements.
State of CALIFORNIA
NOTICE PERIOD TO TERMINATE TENANCY:
- 60 days - 30 days written notice in certain situations. (LPA Lease Clause # 28)
NOTICE PERIOD TO CURE DEFAULT ON LEASE:
3 days (LPA Lease Clause # 25)
LATE CHARGES: Reasonable as agreed in Lease Rental Agreement. However, a late fee that is so high that it amounts to a penalty is not legally valid.
- (LPA Lease Clause # 3)
Bounced Check Fee: Under California's "bad check" statute, the landlord can charge a service charge instead of the dishonored check fee. The service charge can be up to $25 for the first check that is returned for insufficient funds, and up to $35 for each additional check.
SECURITY DEPOSIT Limits: Security Deposit Return: You must return the deposit or Security Settlement Statement to tenant within 21 days of the date of move-out. If the repair deductions are more than $125.00, you are also required to show receipts.
Unfurnished: 2 months rent.
Furnished: 3 months rent.
Furnished with waterbed: 3.5 months
- (LPA Lease Clause # 21)
Note: The security deposit may be called "last month's rent," "security deposit," "pet deposit," "key fee," or "cleaning fee." The security deposit may be a combination, for example, of the last month's rent plus a specific amount for security. No matter what these payments or fees are called, the law considers them all, as well as any other deposit or charge, to be part of the security deposit.
SCREENING FEE: No more than $37.57 per applicant
Abandonment - See California
Abandonment of Personal Property in the Rental -
(LPA Lease Clause # 45)
Rent must be unpaid for 14 consecutive days
Deemed abandoned not less than 15 days after the Notice of Belief of Abandonment is served personally or, if mailed, not less than 18 days after the notice is deposited in the mail.
In CA, you must be sure to adhere to state law regarding the procedure of determining that your property is legally abandoned. Be sure to follow California Civil Code Section 1951.3 In the event you believe your tenant has abandoned the rental, you must use CA Notice of Belief of Abandonment
CA State Required Sex Offender Notice:California Civil Code requires that California rental property owners must include the following notice in their rental agreements:
Language concerning "Megan's Law" required on and after April 1, 2006:
[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 Web site 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.
Language concerning "Lead Paint" required on and after April 1, 2006:
LEAD WARNING STATEMENT
Housing built before 1978 may contain lead based
paint. Lead from paint, paint chips, and
dust can pose health hazards if not managed
properly. Lead exposure is especially harmful
to young children and pregnant women. Before
renting pre-1978 housing, lessors must disclose
the presence of lead-based paint and/or lead based
paint hazards in the dwelling. Lessees
must also receive a federally approved pamphlet
on lead poisoning prevention.
Mandatory disclosures to tenants: Under AB 646, by Assemblyman Ash Kalra, D-San Jose, a landlord with “actual knowledge” that his or her property is in a flood-hazard area will have to disclose this information to prospective tenants. Property owners with actual knowledge include those notified by a government agency, as well as owners required to carry flood insurance for the property. Under AB 646, the owner will have to make this disclosure in the rental agreement beginning July 1, 2018.
If not using a California Lease containing the above items, Copy & Paste the above clauses (between the brackets) into your Lease, Rental Agreement or onto our standard Lease Addendum form.