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CALIFORNIA RESIDENTIAL LEASE AGREEMENT
1. THE PARTIES. This Residential Lease Agreement (“Agreement”) is made on the
undersigned date by and between:
Landlord
Landlord's Name: _______________________
Mailing Address: ______________________________________________
Tenant
Tenant’s Name: _______________________
Additional Occupants: ______________________________________________
2. PROPERTY.
Property Address: ______________________________________________
Residence Type: Apartment House Condo Other: _____________
Bedroom(s): ____ Bathroom(s): ____
3. TERM. (check one)
- Standard Lease
Start Date: _______________________
End Date: _______________________
After the End Date, this Agreement shall: (check one)
- Terminate if no renewal or extension is made.
- Convert to a month-to-month lease.
- Month-to-Month Lease
Start Date: _______________________
Termination Period: ____ Days
4. RENT.
Monthly Rent: $__________
Due Date: ____ day of each month.
5. SECURITY DEPOSIT. (check one)
- No Security Deposit.
- Security Deposit.
Amount: $__________
Returning to Tenant: ____ days after lease termination.
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6. LATE FEE. (check one)
- No Late Fee.
- Late Fee: (check one)
- Fixed Amount. $__________ for each occurrence day rent is late.
- Interest. ____% per annum.
7. NSF FEE. (check one)
- No NSF Fee.
- NSF Fee: $__________
8. EARLY MOVE-IN. (check one)
- No Early Move-in.
- Early Move-in.
Date: _______________________
Prorated Rent. $__________
9. PRE-PAYMENT OF RENT. (check one)
- No Pre-Payment of Rent is Required.
- Pre-Payment of Rent is Required.
Pre-Payment Amount: $__________
Pre-Payment Period:
Start Date: _______________________
End Date: _______________________
10. ACCEPTABLE PAYMENT METHODS. The Landlord accepts any of the following
payment methods from the Tenant: (check all that apply)
- ACH (electronic bank transfer)
- Cash
- Check
- Credit Card
- PayPal (e-mail is: _______________________)
- Venmo (e-mail/username is: _______________________)
- Zelle (e-mail/phone number is: _______________________)
- Other: ______________________________________________
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11. UTILITIES & SERVICES. The Landlord is responsible for: (check one)
- No Utilities & Services.
- Utilities & Services: (check all that apply)
- Cable (TV)
- Gas / Oil / Propane
- Electricity
- Internet
- Landscaping
- Water / Sewer
- Trash Removal
- Other: ______________________________________________
12. FURNITURE. (check one)
- Property is Not Furnished.
- Property is Furnished: (check all that apply)
- Bathroom(s)
- Bedroom(s)
- Dining Room
- Kitchen
- Living Room
- Other: ______________________________________________
13. APPLIANCES. (check one)
- Property Has No Appliances.
- Property Has Appliances: (check all that apply)
- Ceiling Fans
- Dishwasher
- Dryer (for laundry)
- Garbage Disposal
- Microwave
- Refrigerator
- Stove / Oven
- Washing Machine
- Water Heater
- Other. ______________________________________________
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14. MOVE-IN INSPECTION. (check one)
- No Move-In Inspection.
- Move-In Inspection is Required.
15. COMMON AREAS. (check one)
- No Common Areas.
- Common Areas. ______________________________________________
16. PARKING. (check one)
- No Parking Provided.
- Parking is Provided. ____ parking spaces are provided with: (check one)
- No Fee.
- Fee (describe). ___________________________________________
17. PETS. (check one)
- No Pets Allowed.
- Pets are Allowed.
Number of Pets: ____
Types: ______________________________________________
Maximum Weight (per pet): ____ Pounds
Deposit (for all pets): $__________ refundable non-refundable
18. SUBLETTING. (check one)
- No Subletting Allowed.
- Subletting Allowed with the Landlord’s Consent.
- Subletting Allowed with No Restrictions.
19. RENTERS INSURANCE. (check one)
- No Renters Insurance Requirement.
- Renters Insurance is Required. $__________ is the minimum limit for
property damage/loss and liability coverage per occurrence.
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20. SMOKING POLICY. (check one)
- No Smoking Allowed.
- Smoking is Allowed.
21. NOTICES. If notice is sent by either Party, it shall be sent to:
Landlord. (check one)
- The address mentioned in Section 1.
- ______________________________________________
Tenant. (check one)
- The address of the Property.
- ______________________________________________
22. ADDITIONAL TERMS & CONDITIONS.
23. DISCLOSURES. The Landlord agrees to deliver the following to the Tenant: (check
all that apply)
- Lead-Based Paint Disclosure
- Protect Your Family From Lead in Your Home - Pamphlet
- Move-In Inspection Checklist
- ______________________________________________
- ______________________________________________
- ______________________________________________
- ______________________________________________
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24. DEFINITIONS. The terms mentioned in this Agreement are defined below:
a.) Abandonment. If the Tenant vacates or abandons the Property for a period of
up to seven days without informing the Landlord, the Tenant will be
considered in default of this Agreement. If the Landlord believes the Tenant
has vacated and abandoned the Property, the Landlord is entitled to inspect
the Property by providing 24 hours’ notice or the timeframe required under
Governing Law, whichever is greater.
b.) Access. Upon the start of the Early Move-In or the Term, whichever is
applicable, the Landlord agrees to provide entry to the Tenant in the form of
keys, fobs, cards, or any type of keyless access to the Property and any
shared Common Areas. Access to the Property shall be given after successful
payment and receipt of the amounts required at the execution of this
Agreement (see attached ‘Amount Due at Signing’).
c.) Additional Occupants. Also referred to simply as “Occupants,” these are
individuals who have a legal right to reside on the Property with the Tenant.
The Tenant agrees to bear all responsibility and liability for the actions made
by the Occupants.
d.) Common Areas. Defined as all areas and facilities outside the specified
Property but within the boundary of the real estate in which it is located and
described under Section 15 of this Agreement. Such areas are for the use of
the Tenant, Occupants, and Guests in accordance with the rules of the
Property.
e.) Disclosures. The Disclosures mentioned under Section 23, whether they are
attached to this Agreement or distributed to the Tenant separately, are
accepted, acknowledged, and understood by the Tenant upon their execution
of this Agreement.
f.) Early Move-In. If the Tenant is permitted an Early Move-In, and any pro-rated
rent is required to be paid, such payment must be made by the Tenant at the
execution of this Agreement. If applicable and selected in Section 8, this Early
Move-In period shall be protected under the same rights as the Term of this
Agreement.
g.) Furnishings and Appliances. The Tenant understands that the Furnishings
and Appliances mentioned herein are under the Landlord’s ownership and
must be returned in the same condition as at the start of the Term, normal
wear and tear excepted.
h.) Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the jurisdiction where the Property is located.
i.) Guests. Refers to individuals who are not a Tenant or an Occupant but are
invited onto the Property on behalf of the Tenant. Guests are permitted to stay
on the Property for a period of no more than 48 hours.
j.) Late Fee. Refers to a penalty accrued by the Tenant in connection to any
Rent payment due to the Landlord. The Late Fee shall accumulate in
accordance with the terms mentioned herein and Governing Law, abiding by
any statutory grace periods that may exist.
k.) Move-In Inspection. A Move-In Inspection, if required under this Agreement or
Governing Law, shall be to protect the liability of the Tenant and the Security
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Deposit. Both Parties must acknowledge the Property's condition at the start
and the end of the Term.
l.) Notices. The official address used for legal communication between the
Landlord and Tenant as mentioned in Section 21.
m.) NSF Fee. If a Non-Sufficient Funds (NSF) Fee is mentioned herein, and if it is
greater than the amount permitted under Governing Law, the amount under
Governing Law shall take precedent. If a Non-Sufficient Funds (NSF) Fee is
charged to the Tenant, it shall be due and payable immediately.
n.) Parking. Any Parking provided by the Landlord shall be at the Tenant’s
discretion. The Landlord is not responsible for any damage, property loss, or
liability that may occur to the Tenant’s vehicle while parked in the described
area.
o.) Pets. If any property repairs, odor removal, or other maintenance is required
due to the Tenant’s Pets, the costs shall be deducted from the Pet Fee or
Security Deposit with an itemized list disclosed to the Tenant.
i. Pet Restrictions. Any pet restriction mentioned in this Agreement shall
be limited to Federal and State regulations regarding Tenants with
special protections and privileges.
ii. Protected Animals. Notwithstanding any other provisions of this
Agreement, the Tenant may keep a pet that qualifies as a service
animal under the Americans with Disabilities Act (ADA) or an emotional
support animal under applicable State and Federal laws. Tenants must
provide documentation verifying the animal’s status as a service animal
or emotional support animal upon request.
iii. Procedure for Approval. A Tenant seeking to keep a service animal or
emotional support animal must notify the Landlord in writing and
provide the necessary documentation. The Landlord shall not
unreasonably withhold consent for a service animal or emotional
support animal based on legitimate documentation.
iv. Indemnification. The Tenant agrees to indemnify and hold harmless the
Landlord from any claims, damages, liabilities, or expenses arising out
of the actions of any Pet allowed on the Property by the Tenant.
p.) Pre-Payment of Rent. If applicable, the Pre-Payment of Rent is applied to the
dates mentioned herein. The Pre-Payment Period cannot be applied to any
other timeframe and is non-refundable. Therefore, if the Tenant defaults on
the terms of this Agreement and this Agreement is terminated by the
Landlord, they shall not be entitled to a refund of the Pre-Payment of Rent.
q.) Party or Parties. The Landlord and Tenant are each referred to herein as a
“Party” and, collectively, as the “Parties.”
r.) Property. The Property is the residential space permitted to be occupied by
the Tenant and Occupants as outlined in Section 2.
s.) Rent. The first payment of Rent shall be due and payable at the execution of
this Agreement. All subsequent Rent payments shall be paid on the due date
in accordance with the payment instructions set forth under Section 4.
t.) Renters Insurance. It is strongly recommended that the Tenant secures a
Renters Insurance policy to cover personal property, which also includes
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personal liability for their actions. Unless there is a prohibition imposed by the
affordability covenants or other restrictions applicable under Governing Law, if
Renters Insurance is required it must be issued by an insurance company
that provides the amount mentioned in Section 19.
i. Proof of Insurance. The Tenant shall provide the Landlord with a copy
of the Renters Insurance policy declaration page or a certificate of
insurance prior to the commencement of the Term and upon any
renewal or change of the policy. The Tenant must also provide proof of
insurance within 10 days of any written request by the Landlord as a
requirement under this Agreement.
ii. Interested Party. In any Renters Insurance policy, the Landlord must be
named as an additional interested party.
iii. Policy Maintenance. The Tenant agrees to maintain the Renters
Insurance policy in full force and effect for the duration of the Term and
any renewals thereof. Failure to maintain the required insurance
constitutes a breach of this Agreement and may result in termination of
tenancy and eviction under local housing laws.
iv. Landlord’s Insurance. Tenant acknowledges that the Landlord’s
insurance does not cover the Tenant’s personal property or liability.
v. Subrogation Waiver. The Renters Insurance policy shall include a
waiver of subrogation clause in favor of the Landlord, meaning the
insurance company of the Renters Insurance cannot seek recovery
from the Landlord for any claims paid under the Renters Insurance.
vi. Failure to Maintain. If the Tenant fails to obtain and maintain Renters
Insurance as required under this Agreement, it shall be considered a
violation and result in default of this Agreement.
u.) Security Deposit. If required, a Security Deposit is paid by the Tenant to the
Landlord at the execution of this Agreement under the following terms:
i. Payment. Payment of the Security Deposit must be made at the
execution of this Agreement.
ii. Returning to Tenant. The Security Deposit is returned to the Tenant in
accordance with the timeframe mentioned or Governing Law,
whichever is greater. The timeframe shall start upon the Tenant's
delivery and possession of the Property to the Landlord.
iii. Receipt. If required under Governing Law or at the Landlord’s sole
discretion, the Landlord shall provide a receipt for the payment of a
Security Deposit which may include the location of where the funds are
held.
iv. Interest. Unless required under Governing Law, the Security Deposit
shall not be placed in an interest-bearing bank account to the benefit of
the Tenant.
v. Separate Bank Account. If required under Governing Law, the Security
Deposit is required to be placed in a separate bank account.
v.) Smoking Policy. Smoking, under this Agreement, is referred to using a 3rd
party device to inhale plant-based or non-plant-based substances. This
includes vaping or inhaling of any vapor-like products.
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w.) Term. The Term shall be the period of time the Tenant and any Occupants are
permitted to reside on the Property as mentioned in Section 3.
i. Standard Lease. If a standard lease is selected in Section 3, and the
Landlord does not renew this Agreement or allow this Agreement to
convert to a month-to-month lease, the Tenant must vacate and deliver
possession of the Property by midnight (12:00) local time on the last
day of the Term.
ii. Month-to-Month Lease. If a month-to-month lease is selected in
Section 3, either Party may terminate this Agreement by using the
Termination Period mentioned or the minimum required under
Governing Law, whichever is greater.
x.) Utilities & Services. The Tenant is responsible for any Utilities & Services not
mentioned in Section 11 as the Landlord’s responsibility.
y.) Violation of this Agreement. If the Tenant violates this Agreement, and more
than one individual is named as a Tenant, they shall jointly be liable for all
obligations under this Agreement including but not limited to Rent damage to
the Property, outstanding utility bills, and any other non-compliance.
25. MISCELLANEOUS TERMS.
a.) Active Military.
i. Right to Terminate. Under the Servicemembers Civil Relief Act, the
Tenant has the right to terminate this Agreement under the following
conditions:
1) Permanent Change of Station. If the Tenant’s station is moved
by 50 miles or more from the Property; or
2) Deployment. If the Tenant is deployed with a military unit for a
period of not less than 90 days.
ii. Notice. For the Tenant to exercise termination under this section,
written notice of termination and a copy of the official orders or a
verification signed by the Tenant’s commanding officer shall suffice.
iii. Termination Effective Date. Under such termination, it shall be made
effective 30 days after the first date on which the next rental payment is
due after the notice of termination is delivered to the Landlord. No
penalties or fees for early termination shall be charged to the Tenant.
However, the Tenant is responsible for all Rent payments prior to the
termination date.
iv. Security Deposit. Upon such termination, the Landlord shall return the
amount paid by the Tenant as a Security Deposit in accordance with
this Agreement.
b.) Alterations. The Tenant is not allowed to alter, modify, or change the Property
in any manner without the prior written consent of the Landlord.
c.) Compliance with Local Laws. The Tenant agrees, during the Term, to adhere
to all local, State, and Federal laws regarding any ordinances, orders, rules,
and regulations.
d.) Delivery and Possession. To the best of their knowledge, the Landlord
declares to deliver possession of the Property in a habitable condition with all
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utilities and services in working order. This includes being free of any
bedbugs, pests, mold, leaks, or repairs needed that could affect the Tenant’s
living standards.
i. Returning to Landlord. Upon the termination of this Agreement, the
Tenant is obligated to return the Property in the same or similar
condition upon moving out, wear and tear excepted.
e.) Dispute Resolution. Should a dispute arise from this Agreement, the Parties
agree to attempt an amicable resolution. If unresolved, disputes shall be
settled by binding arbitration within the Governing Law, following the rules of a
mutually agreed-upon arbitration association. The prevailing Party may
recover reasonable attorneys’ fees. This Agreement is governed by the
Governing Law with the jurisdiction for any court process to be of the
Landlord’s preference in such area.
f.) Equal Housing. If the Tenant possesses any mental or physical impairment,
the Landlord shall provide reasonable modifications to the Property unless the
modifications would be too difficult or expensive for the Landlord to provide.
Any impairments of the Tenant are encouraged to be provided and presented
to the Landlord in writing to seek the most appropriate solution for providing
modifications to the Property.
g.) Indemnification. The Tenant agrees to indemnify and hold the Landlord
harmless against all losses, damages, liabilities, claims, and expenses
(including attorneys’ fees) incurred by the Landlord arising out of or related to
the Tenant's use or occupancy of the Property, except to the extent caused by
the gross negligence or willful misconduct of the Landlord. This
indemnification shall survive the termination of this Agreement.
h.) Maintenance. Any maintenance required to maintain the Property’s condition
of habitability shall be the Landlord’s responsibility, provided that it is not the
result of the Tenant’s negligence.
i.) Occupancy. Within 48 hours of the Tenant’s occupancy of the Property, they
accept that the Property is in working order and in a habitable condition.
j.) Right of Entry. The Landlord shall have the right to enter the Property, in
accordance with Governing law or by providing 24 hours’ notice, whichever is
greater, for the following reasons:
i. Maintenance and repairs;
ii. Inspections.
iii. Property showings.
iv. Lease violations.
v. Emergencies.
vi. Per local, State, or Federal laws.
k.) Right of Quiet Enjoyment. Both Parties shall have the right to quiet enjoyment
of the Property, which shall not be infringed upon.
i. Tenant’s Right. The Tenant has the right to enjoy the Property without
disruptive interference from the Landlord or other tenants. Any other
disturbance outside the Landlord’s power to mitigate shall be the
responsibility of the Tenant to report to the appropriate authorities and
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cooperate with the Landlord in any reasonable measures to resolve the
issue.
ii. Landlord’s Right. The Landlord and any other surrounding tenants
have the right to enjoy the Property without disruptive interference by
the Tenant. A violation of this section by the Tenant shall be considered
a breach of this Agreement.
l.) Sale of Property. Upon the sale of the Property, the Landlord shall forward the
new owner’s contact information, and this Agreement shall be assigned to the
Landlord accordingly. This Agreement shall continue in the event of a sale.
m.) Severability. If any provision of this Agreement or the application thereof shall,
for any reason and to any extent, be invalid or unenforceable, neither the
remainder of this Agreement nor the application of the provision to other
persons, entities, or circumstances shall be affected thereby, but instead shall
be enforced to the maximum extent permitted by law.
n.) Subletting. If subletting is allowed, the Tenant acknowledges that any
subtenants must follow the rules, responsibilities, and obligations under this
Agreement and cannot occupy the Property longer than the Term. The Tenant
accepts that any damage to the Property or any efforts to remove a subtenant
shall be their sole responsibility. Furthermore, if a subtenant refuses to vacate
the Property at the end of the Term, the Tenant shall be responsible for
removing the subtenant and any loss of Rent of the Landlord.
i. Subletting Allowed with the Landlord’s Consent. If this option is
selected in Section 18, the Landlord must grant consent for each
subtenant allowed on the Property. Therefore, if the Landlord’s consent
is granted for a specific subtenant, it does not automatically extend to
additional subtenants.
26. DEFAULT.
a.) Tenant’s Default. A default by the Tenant shall occur if the Tenant fails to pay
Rent or any other payment required by this Agreement the day after it is due,
including any grace periods provided under Governing Law. Default shall also
occur if the Tenant violates any other term or condition of this Agreement and
fails to cure such violation within 5 days after receiving written notice of the
violation from the Landlord, or the notice period as required under Governing
Law, whichever is greater. Upon default, the Landlord may exercise any
remedy available under this Agreement or Governing Law including but not
limited to the termination of this Agreement, repossession of the Property, and
initiation of legal proceedings to recover unpaid Rent and other claimed
damages.
b.) Landlord’s Default. A default by the Landlord shall occur if the Landlord fails to
perform any of its obligations under this Agreement, and such failure
continues for 10 days after the Tenant gives the Landlord written notice of
such failure. Upon default, the Tenant may exercise any remedy available
under this Agreement or applicable law including but not limited to the right to
terminate this Agreement, deduct the cost of repairs from future rent
payments, and seek damages or specific performance through legal action.
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c.) Notice of Default. Any notice required under this section shall be given in
writing and shall be deemed sufficiently given if delivered in person or sent by
registered or certified mail, return receipt requested, to the other Party at the
address set forth in this Agreement or to such other address as either Party
may have provided by written notice.
27. PROHIBITED ACTIONS.
a.) Assignment. The Tenant has no rights to assign this Agreement to any other
party unless written approval has been granted by the Landlord. The Landlord
is prohibited from assigning this Agreement unless there is a change of
Property ownership.
b.) Hazardous Materials. The Tenant agrees not to possess, store, or use any
items or substances with flammable or explosive characteristics on the
Property including, but not limited to, gasoline, compressed gases, kerosene,
motor oil, fireworks, or any other substances deemed ignitable or hazardous.
c.) Illegal Activity. The Tenant agrees to comply with all applicable laws,
ordinances, and regulations. The Tenant, their Guests, and any other
Occupant shall not engage in any illegal activities anywhere on the Property
including, but not limited to, the leased Property, Common Areas, Parking,
and surrounding property. This prohibition extends to all illegal activities
including, but not limited to, the manufacture, sale, distribution, use, or
possession of illegal substances, theft, and violent behavior. Any violation of
this clause constitutes a material breach of this Agreement and grounds for
immediate termination of tenancy and eviction. Additionally, the Tenant shall
be held liable for any damages resulting from such illegal activities including,
but not limited to, repairs, legal fees, loss of rent, and any other expenses
incurred by the Landlord due to the Tenant's illegal activities.
d.) Residential Use Only. The Tenant agrees to use the Property for residential
purposes only. The Landlord must grant written approval if the Tenant uses
the Property for any other purpose.
e.) Waterbeds. The Tenant is prohibited from using any type of bed, mattress, or
sleeping aid containing any type of liquid that could cause excessive damage
to the Property.
28. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding
between the Parties with regard to the subjects herein. It includes any attachments
or addenda and supersedes all prior negotiations, understandings, and agreements
among the Parties. Both Landlord and Tenant hereby acknowledge and agree to be
bound by the terms and conditions set forth until the expiration or earlier termination
of the Term.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written. Each Party warrants that they have the legal authority to enter into this
Agreement and have done so as their free act and deed.
Landlord’s Signature: __________________________ Date: ____________
Print Name: __________________________
Tenant’s Signature: __________________________ Date: ____________
Print Name: __________________________
Tenant’s Signature: __________________________ Date: ____________
Print Name: __________________________
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AMOUNT DUE AT SIGNING
First (1
st
) Month’s Rent: $____________ (section 4)
Security Deposit: $____________ (section 5)
Early Move-in (Proration Amount): $____________ (section 8)
Pre-Payment of Rent: $____________ (section 9)
Parking Fee: $____________ (section 16)
Pet Deposit: $____________ (section 17)
Total Amount Due: $____________
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CALIFORNIA LEASE DISCLOSURES
1.) AB 1482 (Just Cause and Rent Limit Addendum) - California law limits the
amount your rent can be increased. See Section 1947.12 of the Civil Code for more
information. California law also provides that after all of the Tenants have continuously
and lawfully occupied the property for 12 months or more, or at least one of the Tenants
has continuously and lawfully occupied the property for 24 months or more. A Landlord
must provide a statement of cause in any notice to terminate a tenancy. See Section
1946.2 of the Civil Code for more information.
Exemptions from AB 1482:
o Housing that has been issued a certificate of occupancy within the
previous 15 years.
o A duplex in which the owner occupied one of the units as the owners
principal place of residence at the beginning of the tenancy, so long as the
owner continues in occupancy.
o Single-family residential property (including a condominium and units in
planned developments) provided and residential real property is alienable
separate from the title to any other dwelling unit, and (i) the owner is not a
real estate investment trust (REIT), (ii) the owner is not a corporation, and
(iii) if the owner is a limited liability company, then none of the members of
the LLC are corporations.
This exemption only applies if the notice below is checked and delivered to the
Tenant:
- Landlord hereby notifies the Tenant that the property is exempt from the rent
cap provisions specified in Civil Code Section 1947.12 and the just cause
eviction provisions specified in Civil Code 1946.2.
2.) Bed Bug Addendum - The Tenant acknowledges that the Landlord has inspected
the Property and is unaware of any bedbug infestation. The Tenant claims that all
furnishings and personal properties that will be moved into the Property are free of bed
bugs.
3.) Carbon Monoxide & Smoke Detectors – Both Parties hereby agree as follows:
______ (Tenant’s initial IF battery operated) – If detectors are battery operated,
the Tenant is required to initial as provided and understands that the battery-
operated units shall be of the Tenant’s responsibility to:
o Ensure the battery is in operating condition at all times;
o Replace batteries as needed (unless otherwise provided by law); and
o Notify the Landlord in writing immediately if, after replacing the battery, the
device does not work or function properly.
The Property was delivered to the Tenant with installed and functional smoke and
carbon monoxide detector devices.
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The Tenant acknowledges that the smoke and carbon monoxide detectors were
tested, their operation explained by the Landlord, and that the detectors were
working properly at the time. The Tenant agrees to perform the manufacturer's
recommended tests to determine if the smoke and carbon monoxide detectors
are operating properly at least once a month.
The Tenant shall inform the Landlord immediately in writing of any defect,
malfunction, or failure of any detectors.
In accordance with the law, the Tenant shall allow the Landlord to access the
Property to verify that all required smoke and carbon monoxide detectors are in
place and operating properly or to conduct maintenance service, repair, and
replacement as needed.
The Tenant will be charged for any missing or broken smoke and carbon
monoxide detectors, including batteries.
4.) Carcinogenic Material - If the Landlord has 10 or more employees and the Property
has any carcinogenic material as mentioned in the Current Proposition 65 List, notice
must be given to the Tenant.
Describe: ________________________________________________________
5.) Demolition - If the Property has received permission from its respective municipal
office to demolish it, such permit(s) must be disclosed to the Tenant before executing
this Agreement.
Describe: ________________________________________________________
6.) Death in the Property - If the Property has had a death that occurred in the
Property within the last 3 years, it must be disclosed to the Tenant (except for deaths
related to HIV).
Describe: ________________________________________________________
7.) Flood Area - If the Property is located in an area at risk of flooding as deemed by
the State of California, such disclosure must be made to the Tenant. (check one)
- The Landlord has NO KNOWLEDGE of the Property being in a special flood
hazard area or an area at risk of potential flooding.
- The Landlord IS AWARE and discloses to the Tenant that the Property is in a
flood hazard area and an area that has a high risk of potential flooding. Under
California law, the Landlord can declare they have actual knowledge of a flooding
hazard on the Property if one of the following is true:
o The Landlord currently holds flood insurance on the Property;
o The Landlord has received notice from a local, state, or federal agency
that the Property is located in a special flood area or an area exposed to
potential flooding; or
o The Landlord’s mortgage holder requires the Landlord to carry flood
insurance.
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The Tenant has the right to seek information about hazards, not limited to flooding, that
may affect the Property from the Office of Emergency Services at the web address of
www.myhazards.caloes.ca.gov. It shall be known that the Landlord’s insurance does
not cover the loss of the Tenant’s personal possessions or any relocation expenses.
Any losses would be the sole responsibility of the Tenant. Therefore, the Tenant should
consider purchasing their own insurance to cover these items. The Landlord does not
need to provide any additional information concerning the potential flood hazards on the
Property.
8.) Lead-Based Paint Disclosure & EPA Pamphlet - If the residence was constructed
before January 1, 1978, the Tenant must be informed and given both disclosure forms.
9.) Megan’s Law - 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.
10.) Mold Disclosure - Except as may be noted at the time of the Tenant’s move-in
inspection, the Tenant agrees that the Property is being delivered free of known damp
or wet building materials (“mold”) or mildew contamination. If checked , the Property
was previously treated for elevated levels of mold that were detected. The Tenant
acknowledges and agrees that (i) mold can grow if the Property is not properly
maintained; (ii) moisture may accumulate inside the Property if it is not regularly aired
out, especially in coastal communities; (iii) if moisture is allowed to accumulate, it can
lead to the growth of mold; and (iv) mold may grow even in a small amount of moisture.
The Tenant further acknowledges and agrees to the responsibility to maintain the
Property to inhibit mold growth and that the Tenant’s agreement to do so is part of their
material consideration to lease the Property from the Landlord. The Tenant agrees to:
Maintain the Property free of dirt, debris, and moisture that can harbor mold;
Clean and dry any visible moisture on windows, walls, and other surfaces,
including personal property, as quickly as possible;
Clean and dry any visible moisture on windows and other openings in the
Property to prevent water from entering the premises;
Use exhaust fans, if any, in the bathroom(s) and kitchen while using such
facilities and notify the Landlord of any inoperative exhaust fans;
Immediately notify the Landlord of any water intrusion, including but not limited to
roof or plumbing leaks, drips, or “sweating pipes”;
Immediately notify the Landlord of overflows from the bathroom, kitchen, or
laundry facilities;
Immediately notify the Landlord of any significant mold growth on surfaces on the
Property;
Allow the Landlord, with appropriate notice, to enter the Property to make
inspections regarding mold ventilation; and
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Release, indemnify, hold harmless, and forever discharge the Landlord and their
employees, agents, successors, and assigns from any and all claims, liabilities,
or causes of action of any kind that the Tenant, members of the Tenant’s
household or their guests, including invitees, may have at any time against the
Landlord or the Landlord’s agents resulting from the presence of mold due to the
Tenant’s failure to comply with this section.
11.) Ordnance Location - If the Property is located within one mile from a state or
federal ordnance location, the Tenant must be notified. An ordnance is defined as an
area that was once used for military training purposes, which may contain explosive
munitions.
Describe: ________________________________________________________
12.) Pest Control - If a pest control company is used on the Property, the Landlord
must give the Tenant a copy of the pesticides used.
Describe: ________________________________________________________
13.) Shared Utilities - If the unit has a shared electrical or gas meter, the Landlord must
mention how the utilities are billed.
Describe: ________________________________________________________
14.) Methamphetamine or Fentanyl Contamination - The Landlord must provide
written notice to the Tenant if the residence has been deemed contaminated or in
remediation due to previous use of meth or fentanyl, along with a copy of the order.
(check one)
- Property has been found to be contaminated above safe levels and is in the
process of decontamination. A copy of the remediation order shall be attached to
this disclosure.
- Property has been found to be contaminated but falls within safe levels after
tests were conducted. A copy of the test results shall be attached to this
Agreement.
- Landlord has no suspicion and knowledge of contamination.
15.) Water Submetering - The water provided to the Property is: (check one)
- Not separately charged (included in the Rent).
- Separately charged and a Submetering Addendum shall be attached to this
Agreement.