California Landlord Forms are necessary throughout every tenancy. Landlords have responsibilities just as tenants do. Failure to abide by the landlord responsibilities in the State of California could potentially result in a court ruling in favor of the tenant or even legal ruling that a lease or some part of it is unenforceable. When you always have California landlord forms on hand, you greatly reduce the likelihood that you are in violation of any part of the California landlord tenant laws.
This information is not meant to substitute for legal advice. If you have issues or questions regarding California Landlord Tenant Law, it is recommended that you seek the advice of an attorney.
It is required under California Civil Code 1961-1962.7 that a landlord must furnish tenants with a copy of the written lease, “within 15 days of its execution by the tenant.” If a tenant requests an additional copy of the lease, the landlord must supply the additional copy within 15 days of the request by the tenant. Whereas if the tenant requests a copy of their tenant background check, you cannot provide it. The tenant must contact the company where you, the landlord, obtained the report.
The lease must contain certain information such as the name, address and contact information of the landlord/owner and any party who is authorized to act on behalf of the owner. The lease must also specify other details such as the form of rental payment and when and where and to whom rental payments are to be submitted. When you obtain your Residential Lease or Month to Month Rental Agreement from American Apartment Owners Association, you can feel confident that your comprehensive California lease agreement will contain all the required legal information.
When renting your California rental property, there may be a need for additional details to the residential lease agreement, in which case the Addendum to Rental Agreement Form will permit you to add those details to the rental agreement. When you include the Disposition of Security Deposit form, you can prove the amount of the security deposit that is being held in event that you retain any portion of the security deposit for valid reasons such as damages to the property.
It is imperative that you use the Move In/Move Out Checklist in each of your California rental properties and for each tenancy. Utilizing the move in checklist at the beginning of the tenancy allows both the landlord and the tenant to note the condition of the property, room-by-room. Upon move-out, another inspection is completed, again with both the landlord and tenant noting the condition of each room of the property. This can prove a very important document in court, should you have to file claim for damages to the property or if the damages becomes part of an evictions proceedings. Without the tenant’s signature, you have no documentation of agreement by both you and the tenant regarding the condition of the property at the time the tenant first moved in.
Landlords are not permitted to just show up at a tenant’s doorstep, expecting to enter the property. Tenants are entitled to what the California Landlord Tenant Laws describe as “quiet enjoyment.” When a landlord has the Notice of Entry on hand, the landlord is able to give proper minimum 24 hour notice of intent to enter the property to either inspect the property or to make repairs. The exception is if there is a major emergency, such as a busted pipe or electrical or fire hazard.
Unfortunately, tenants do not always pay rent on time, but a landlord cannot just change the locks or move a tenant’s belongings out on the curb. Proper legal proceedings are required, including proper notices before legal action is taken. When a tenant fails to pay rent within the specified time period, the Notice of Past Due Rent reminds the tenant of their obligation to pay rent in a timely manner. The Notice to Pay Rent or Quit obligates the tenant to immediately pay past due rent or to leave the premises or face eviction proceedings. The Termination of Tenancy gives tenants notice that the tenancy is terminated. A notice is also required if the tenant is turned over to a third party collector, however, the debt collector generally will provide that notice with their services. Debt collectors will also report the delinquency to the major credit bureaus forcing it to appear during their next tenant screening. These and other necessary California Landlord Forms gives you the essential forms that you should always have on hand and protects you from any potential legal charges of non-compliance with proper notices during a tenancy.
Trusting the American Apartment Owners Association to provide all your California Landlord Forms not only saves you the excessive time involved in trying to get all the forms yourself; it can save you a great deal of money over the cost of having an attorney drawing up your California Landlord Forms.
The American Apartment Owners Association provides landlord forms nationwide. Looking for a state other than California?
Visit our State Specific Landlord Forms page to learn more.
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