A residential lease in California locks you into the terms and conditions of the agreement. When a problem arises, you must look to the agreement to determine how to solve it. This matters because for the lessor, as the profit obtained from the lease constitutes part of your livelihood. That's why ensuring the residential lease is fair and, better yet, works in your favor.
At The Law Office of A. E. Roberts, your landlord attorney in Riverside, San Bernardino and San Diego Counties, Attorney Roberts will draft, assess, and review residential and commercial leases to ensure they comply with the law and are fair. We can also handle most other matters related to landlord-tenant law. Contact us online today or at 951-961-0997 to schedule a free case evaluation and to learn more.
Important Provisions of a Residential Lease Agreement in California
When leasing real property, it is important that the lessor and lessee understand the terms of the agreement into which they are entering. Consider the top five most common problems that landlords and tenant face:
- Long-term guests
- Unauthorized pets
- Unpaid rent
- Property damages
- Commercial use of property – where the tenant treats the property more like a business than a home
These all should be addressed in the lease agreement. While important parts of any lease agreement vary from state to state, most jurisdictions recognize the following as parts of a residential lease agreement.
Names of the Lessee and Lessor
While this may seem a simple matter, it is important that the lease agreement contains the proper names of all parties involved in the lease. If more than one adult is renting the property, it will typically be expected that all adults will be on the agreement. This also means each adult is on the hook for ensuring that the terms of the agreement are met.
For example, if rent goes unpaid, all adults on the lease are responsible for it. This gives the landlord more flexibility and resources to obtain the unpaid rent. It also ensures that tenants are equally responsible to each other as well as the landlord.
Description of Rental Property
The lease agreement should have a full and complete description of the property that is being included as part of the lease. It should also state any part of the property that is not included as a part of the lease.
For example, if a barn is located on the property to be leased but is not included in the lease agreement, the agreement should explicitly state the same.
Rent Amount, Security Deposit, and Fees
The lease agreement should state the amount of the rent, when it is due, whether or not there is a grace period for late payment, and any late penalties that will be accessed. When a lessor collects a security deposit, they must specify what the deposit is for and if/when it will be refunded. The rental agreement should also state if any fees can be accessed, what they can be accessed for, and the amount for which they may be accessed.
These parts of the tenancy agreement ensure clarity and compliance with the law. For example, most states specify how much a security deposit can be or caps the security deposit at a certain point. Having the security deposit clearly outlined in the tenancy agreement ensures compliance.
Leasing Rules
If there are any specific rules which the lessor expects the lessee to adhere to, these rules should be spelled out in the lease agreement.
Examples include but are not limited to:
- Whether or not smoking is allowed on the property
- Whether or not swimming in a pool is allowed at night
- Whether or not pets are allowed in the common areas
- Whether or not the lessee can operate a business at/from the leased property
Pets Policies
Lessors should be clear in the rental agreement whether they allow pets in/on the rental property. If they do, they need to clarify the types of pet(s) allowed, the number of pets allowed, and whether or not any security deposit is required for the pet(s).
Number of Occupancies and Overnight Guests
State law often limits the number of occupants living in a certain space. Lessors should be clear about how many people are allowed to live in any given leasing space, which should also include children. The Federal Fair Housing Act places an occupancy limitation of two people per bedroom in a rented apartment.
Lessors should also be specific regarding whether or not overnight guests are allowed on the property, and whether or not there is a limit to how long guests may stay.
Common Residential Lease Mistakes in California
Despite having all of the above provisions of a residential lease in place, mistakes happen. Primarily, it is because:
- The landlord uses a generic lease agreement and fails to personalize the lease to account for specific details, concerns, or other issues either related to the property or the specific tenant; or
- The landlord provides lease terms that are not in conformity with the law; and
- The landlord (or tenant) fails to retain a lawyer to draft and review the lease agreement to ensure it benefits the respective parties, is clear, addresses proactively any potential future issues, and complies with the law.
By having an inclusive, well-thought-out residential lease agreement in place, both the lessee and lessor can be spared misunderstandings and contention down the road.
Contact a Landlord-Tenant Attorney in Riverside, San Bernardino and San Diego Counties Today
Residential leases in California are typically not a topic of dispute until a problem arises. Unfortunately, problems between landlords and tenants occur often. It is always in your best interest to ensure any long-term lease agreement you sign is clear, in your favor, and in compliance with the law. Contact The Law Office of A. E. Roberts at 951-961-0997 or by filling out the online form to schedule a free case evaluation with our landlord-tenant attorney in Riverside, San Bernardino and San Diego Counties today. We want to make sure you can enjoy your livelihood or your home for months or years to come.
