California Residential Lease Agreement
California Residential Lease Agreement
California Residential Lease Agreement
State of California
This Lease Agreement (hereinafter "Lease") is entered into and made effective as of the date set forth at the
end of this document by and be between the Lessor, ___________________________________ (hereinafter
referred to as "Landlord"), and the following Lessee: __________________________________ (hereinafter
referred to as "Tenant"). Landlord and Tenant may be collectively referred to as the "Parties."
In consideration of the obligations and covenants contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do contract and agree
as follows:
1. GRANT OF LEASE
Landlord hereby leases unto Tenant, and Tenant hereby rents from Landlord, certain real property and
improvements located at: ____________________________________________________________________
(hereinafter referred to as "Property"). The Property is located in the following county: __________________.
The Parties hereby contract with each other to lease the Property based on the terms and conditions contained
herein.
2. TERM OF LEASE
This Lease shall commence on the date of ________ and shall continue until its natural termination under this
part on the date of ________ at 11:59 PM. After the date of termination, this Lease shall automatically renew
and shall continue for the same term amount until Landlord or Tenant undertake cancellation of this Lease in
writing. At the expiration of this Lease, Tenant shall be responsible for providing a forwarding address to
Landlord to receive any funds owed or other notices.
3. SECURITY DEPOSIT
Upon execution of this Lease, Tenant shall provide the following amount to Landlord, to be held as a security
deposit for the reasonable cleaning or repair of damages to the Property upon the expiration or termination of
this lease or in case of default by Tenant: $________ (________ dollars). The security deposit shall not exceed
two times the monthly rent for unfurnished apartments or three times the monthly rent for furnished
apartments.
The security deposit will be held at the following financial institution: ________________________________
Tenant hereby agrees to be liable to Landlord at the expiration or termination of this Lease for all damages to
the Property, except ordinary wear and tear. Landlord may hold the security deposit in a non-interest-bearing
account. In such case, no interest is due to Tenant and Tenant may not use the security deposit to cover Rent.
Landlord may otherwise elect to hold security deposit in an interest-bearing account and allow Tenant to
receive certain interest funds, if applicable. Tenant shall still not be permitted to use the security deposit to
cover any Rent. In case of sale or assignation of the Lease by Landlord, Tenant's security deposit shall be
transferred to the new owner or assignee and Landlord shall be released from liability to Tenant for return of
the security deposit. Deductions from the security deposit may be made for the following reasons (this list
constitutes examples only and is not intended to be exhaustive): unpaid rent or utilities, late fees, cleaning, key
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replacement, removing abandoned property, and/or attorneys' fees for proceedings against Tenant. Landlord
shall have 21 (twenty-one) days in which to return the security deposit and/or an itemized list of deductions, if
applicable.
If Landlord requires deductions which exceed the security deposit, Tenant agrees to pay Landlord any overage
amount within ten days after receiving a written demand from Landlord. Landlord will first apply the security
deposit to any non-rent obligations, such as damages, utilities, or late fees, and will then apply the security
deposit to any unpaid rent.
4. RENT
Tenant hereby agrees to pay Landlord the following amount per month as rent ("Rent") during the course of
this Lease term: $________ (________ dollars). Rent shall be due each month on the first day of the month.
Rent shall be considered advance payment for that month. The first full Rent payment under this Lease shall
be due on the following date: ________. No holidays, special events or weekends shall excuse Tenant's
obligation to pay timely Rent. Landlord shall not be permitted to raise the Rent throughout the duration of this
Lease.
A. DELINQUENT RENT & GRACE PERIOD: Tenant agrees that if Rent is not paid by the first day
of the month, Landlord can apply a late charge of the following, as allowed under applicable law:
$________ (________ dollars).
B. RETURNED CHECK: For any returned or bounced checks, Landlord may charge Tenant the cost of
the returned check fee, as well as an additional reasonable fee, together with Rent late fees, as
applicable.
C. PRORATED RENT: Tenant may be required to pay prorated Rent from the beginning of this Lease
to the first full month. If Tenant must pay prorated Rent, Tenant shall pay any prorated amount due,
together with the security deposit, at the execution of this Lease.
D. FORMS OF PAYMENT: Landlord agrees to accept the following forms of payment for the Rent:
__________________________________________________________________________________
E. DELIVERABLE: Payment may be sent or delivered to the address noted below or to any person or
institution denoted by Landlord, whether by mail, email or any other means. If payment shall be made
electronically, the address below shall be utilized as Tenant's contact point for Landlord: ___________
__________________________________________________________________________________
5. USE OF PROPERTY
The Property shall be used and occupied solely by the Tenant or Tenants on this Lease, exclusively as a
residential dwelling. No additional persons may reside on the Property without Landlord's prior written
consent. The Property shall not, at any time during the term of this Lease, be used for the purpose of carrying
on any trade, profession or business. The Property shall also not be used for any illegal purpose or acts. If
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Tenant becomes aware of any illegal activities taking place on the Property, Tenant agrees to notify Landlord
as well as the appropriate authorities. Tenant will be responsible for any illegal acts or omissions of Tenant's
guests, invitees, and/or licensees whether or not Tenant was a party to or knew of the illegal acts taking place.
Certain types of illegal activities may be cause for Landlord to issue an unconditional notice of Lease
termination to Tenant. Smoking or other activities which may impair the health of other residents may not be
permitted in common areas.
6. CONDITION OF PROPERTY
Tenant hereby stipulates that Tenant has examined the Property prior to signing this Lease or has knowingly
waived such inspection. Tenant affirms that Tenant has not relied on any representations made by Landlord
regarding the condition of the Property. Tenant takes the Property as is, with no representations from Landlord
beyond those contained herein or required by applicable California law, including no express or implied
warranties. Tenant agrees not to damage the Property and to further be responsible for any damages sustained
to the Property as a result of any activity on the part of Tenant's invitees, licensees, and/or guests. Tenant
agrees that if any such damage occurs to the Property, Tenant is required to pay for the damages together with
the next month's Rent payment and if Tenant does not pay damages, Tenant will be subject to charges
identical to those for non-payment of Rent. At the end of the Lease term, Tenant agrees to return the Property
in the same condition as when Tenant took possession, with the exception of normal wear-and-tear.
9. POSSESSION/NON-DELIVERY OF PROPERTY
Tenant shall not be permitted to take possession of the Property until the security deposit and first month's
Rent (or prorated amount required) is delivered to the Landlord in full and the Property is vacated by any prior
tenant, if applicable. If Landlord is unable to deliver possession of the Property to Tenant at the start of the
Lease term, through no fault of Landlord or due to any unforeseen circumstances, Landlord shall not be liable
for any damages but Tenant will not be liable for Rent until possession is given. If possession is given within
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30 (thirty) days, Tenant hereby agrees to accept the Property and pay Rent from that date forward. If
possession cannot be delivered within 30 (thirty) days, then this Lease shall be terminated.
11. UTILITIES
Tenant shall be responsible for arranging and paying for the utilities that Landlord will not manage. Tenant
shall also be responsible for having such utilities disconnected when Tenant delivers the Property back to
Landlord at the termination or expiration of this lease. Landlord shall be responsible for arranging and paying
for the following utilities: ___________________________________________________________________
________________________________________________________________________________________
A. Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and
health codes;
B. Keep that part of the Property which he or she occupies and uses clean and sanitary;
C. Remove from the Tenant's dwelling unit all garbage in a clean and sanitary manner;
D. Keep all plumbing fixtures in the dwelling unit or used by the Tenant clean and sanitary and in repair;
E. Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-
conditioning and other facilities and appliances, including elevators;
F. Not destroy, deface, damage, impair, or remove any part of the Property or property therein belonging
to the Landlord nor permit any person to do so;
G. Conduct himself or herself, and require other persons on the Property with his or her consent to
conduct themselves, in a manner that does not unreasonably disturb the Tenant's neighbors or
constitute a breach of the peace.
Tenant agrees that any violation of this section shall be considered a breach of this Lease.
B. Where there are no applicable building, housing, or health codes, to maintain the roofs, windows,
doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good
repair and capable of resisting normal forces and loads and the plumbing in reasonable working
condition.
C. To manage the extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs.
When vacation of the Property is required for such extermination, the Landlord will not be liable for
damages but shall abate the rent.
G. To ensure functioning facilities for heat during winter, running water, and hot water.
A. The Tenant shall not unreasonably withhold consent to the Landlord to enter the dwelling unit from
time to time in order to inspect the Property; make necessary or agreed repairs, decorations, alterations,
or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workers, or contractors. Landlord shall give Tenant at least 24
(twenty-four) hours' notice before such entry.
B. Landlord may enter the dwelling unit at any time for the protection or preservation of the Property.
Landlord may enter the dwelling unit upon reasonable notice to the Tenant and at a reasonable time for
the purpose of repair of the Property. 'Reasonable notice' for the purpose of repair is notice given at
least 24 hours prior to the entry, and reasonable time for the purpose of repair shall be between the
hours of 7:30 a.m. and 8:00 p.m. Landlord may enter the dwelling unit when necessary for the further
purposes set forth above under any of the following circumstances:
C. The Landlord shall not abuse the right of access nor use it to harass the Tenant.
If Tenant breaches the terms of this Lease by failing to pay timely Rent, Landlord may send a notice of
termination to Tenant demanding payment of the full Rent or surrender of the Property within 7 (seven) days.
If Tenant continues in failure to pay and does not surrender for 7 (seven) days, excluding weekends and legal
holidays, the Landlord may terminate the Lease and file for eviction.
The delivery of any of the notices mentioned above may be done by mailing or hand-delivering a copy of the
notice to the Property.
18. TERMINATION
Tenant may not terminate this Lease agreement prior to the date of termination denoted herein. If Tenant
vacates, abandons, or otherwise leaves the Property prior to the expiration of this Lease, Tenant is still
responsible for all Rent payments due until the natural termination of this Lease. Landlord may terminate this
Lease for any reason by giving Tenant 30 (thirty) days written notice. If Landlord terminates this Lease,
Tenant will not be responsible for any remaining Rent after the expiration of the 30 (thirty) day period.
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21. ABANDONMENT
If Tenant is absent from the Property for 7 (seven) or more days, during which time Tenant owes Rent or any
other monies, Tenant shall be considered to have abandoned the Property and be in breach of this Lease. This
definition of abandonment shall not impair the rights of Landlord under this Lease or other applicable law. In
case of abandonment, however, Landlord may immediately enter and re-take the Property as permitted under
applicable law and terminate this Lease, with no notice to Tenant. Landlord may also dispose of any of
Tenant's belongings in accordance with applicable California law.
27. INDEMNIFICATION
Landlord shall not be liable for any damage or injury to Tenant or Tenant's invitees, licensees or guests on or
in the Property and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all
claims or assertions of every kind and nature.