Attorney-Approved Lease Agreement Document for the State of California

When filling out the California Lease Agreement form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.

• Do read the entire lease agreement carefully before filling it out.
• Do provide accurate personal information, including your full name and current address.
• Do clarify any terms or conditions you do not understand with your landlord or property manager.
• Do ensure that all parties involved sign and date the agreement.

• Don't leave any sections blank; fill in all required fields.
• Don't make any alterations or changes to the lease without written consent.
• Don't rush through the process; take your time to review each section.
• Don't ignore any additional fees or deposits mentioned in the agreement.

1. What is a California Lease Agreement?

   A California Lease Agreement is a legally binding contract between a landlord and a tenant. It outlines the terms under which a tenant can occupy a rental property. This document details the rights and responsibilities of both parties, including rent payment, maintenance obligations, and lease duration.

2. What should be included in a California Lease Agreement?

   A comprehensive California Lease Agreement typically includes:

   • The names of the landlord and tenant.
   • The address of the rental property.
   • The duration of the lease (fixed-term or month-to-month).
   • The amount of rent and payment due date.
   • Security deposit details.
   • Rules regarding pets, smoking, and property maintenance.
   • Termination conditions and notice requirements.
3. How long is a typical lease term in California?

   Lease terms can vary widely. Commonly, leases are set for one year, but they can also be month-to-month or for a shorter duration. The choice depends on the landlord's preference and the tenant's needs.

4. Can a landlord raise the rent during a lease term?

   Generally, a landlord cannot increase the rent during a fixed-term lease unless the lease explicitly allows for it. For month-to-month agreements, the landlord must provide proper notice, usually 30 days, before implementing any rent increase.

5. What is a security deposit, and how is it handled?

   A security deposit is a sum of money collected by the landlord to cover potential damages or unpaid rent. In California, the maximum security deposit is typically equivalent to two months’ rent for unfurnished properties and three months’ rent for furnished ones. Upon lease termination, landlords must return the deposit within 21 days, minus any lawful deductions.

6. Are there specific disclosures required in California Lease Agreements?

   Yes, landlords must provide certain disclosures, including information about lead-based paint (for properties built before 1978), bedbug infestations, and the presence of mold. These disclosures help ensure tenant safety and awareness.

7. What happens if a tenant wants to break the lease early?

   If a tenant needs to break the lease before the term ends, they may face penalties. It’s essential to review the lease for any early termination clauses. In some cases, tenants may negotiate with the landlord or find a replacement tenant to mitigate potential financial consequences.

8. Can a landlord evict a tenant without cause?

   In California, a landlord typically cannot evict a tenant without cause during the lease term. For month-to-month agreements, landlords must provide a valid reason, such as non-payment of rent or lease violations, and follow proper legal procedures to ensure compliance with local laws.

9. Is it necessary to have a written lease agreement?

   While oral agreements can be legally binding, having a written lease is highly recommended. A written lease provides clarity and serves as a reference in case of disputes. It protects both the landlord and tenant by clearly stating their rights and obligations.