California Apartment Lease Agreement

Instructions & Checklist

California Apartment Lease Agreement

[_] This package contains (1) Instructions and Checklist for Apartment Lease Agreement; (2) Information about Apartment Lease Agreements; (3) Apartment Lease Agreement; (4) Inspection Checklist; (5) Lead Paint Disclosure and (6) “Exhibit A Building Rules and Regulations” cover sheet.

[_] The Landlord must sign the Lease Agreement.

[_] The Tenant(s) must sign the Lease Agreement. If there is more than one adult Tenant, all should sign the Lease Agreement.

[_] Generally both the Landlord and the Tenant(s) each retain an original signed Lease Agreement. Therefore, if there is one Landlord and 2 Tenants, 3 original leases should be executed (i.e. signed).

[_] If a Lease exceeds a certain number of years, some states require that the Lease be recorded. Recording a Lease would generally also require notarization. The parties should also investigate under what circumstances a Lease may need to be recorded.

[_] Some states require the Landlord and Tenant to conduct an inspection of the premises to be rented, before physical occupancy by the Tenant or before the Lease is signed. Even if a state does not require a joint inspection, it is always a good idea to do one.

[_] If the property was built before 1978 property (i.e. pre-1978 property), federal law requires that the Landlord and Tenant (and their Agents) sign the “Disclosure of Information on Lead-Based Paint.” Federal law requires the Landlord to keep the signed copy of the “Disclosure of Information on Lead-Based Paint” for a minimum of three years as proof of compliance with the rules. A copy of the “Disclosure of Information On Lead-Based Paint and/or Lead-Based Paint Hazards” form is included in this package.

[_] California Civil Code section 2079.10a requires that every lease or rental agreement for residential real property and every contract for sale of residential real property comprising one to four dwelling units, contain a notice under “Megan’s Law” regarding the availability of a registered sex offenders database. This notice is included in this Agreement.

[_] These forms contain the basic terms and language that should be included in similar agreements. The laws in some states require a lessor to make additional written disclosures, including disclosures about the condition of the unit, the building, the neighborhood, environmental disclosures and any other known problems. Some cities and other municipalities may also have specific disclosure requirements that need to be included. Check with a real estate agent or attorney in your area to determine what additional disclosures, if any, are required in your state or locality. If not required by law, a Tenant may still request the disclosures and try to make them part of the agreement.

[_] Laws vary from time to time and from state to state. These forms are not intended and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiating any document with another party.

[_] The purchase and use of these forms is subject to the “Disclaimers and Terms of Use” found at findlegalforms.com.

Information

Apartment Lease Agreement

Whenever a landlord (owner of an apartment building, condominium or residence) rents a unit to a tenant, an agreement should be written and signed by both landlord and tenant, setting forth the terms of the agreement. Such a document is generally called a lease or rental agreement. Many states will consider oral agreements regarding the rental of real property to be invalid and require a written agreement.

Some states also require that the landlord and tenant conduct an inspection of the premises to be rented either before physical occupancy by the tenant or before the lease is signed. A joint inspection form is useful to document the inspection and can help avoid problems or misunderstandings at the end of the lease term. Even if a state does not require a joint inspection, it is always a good idea to complete one. A joint inspection can also help the landlord justify any security deposit deductions, if warranted.

Most states also have different laws relating to residential leases, mainly designed to protect tenants from dishonest landlords. In addition, states have different laws regarding the amount and the handling of security deposits. Some states require that a security deposit be held in an interest bearing account and that the interest be given to the tenant at the termination of the lease. There are also different time requirements in each state regarding how quickly a landlord must return a security deposit to a tenant(s) (e.g. within 30 days after the termination of the lease). Landlords should be familiar with the laws of their state.

If more than one tenant signs the lease, each tenant may be responsible for all the obligations under the lease if the other tenant(s) don’t perform their obligations (e.g. a tenant may be responsible for paying the entire rental amount if his co-tenants fail to pay their share).

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. An Environmental Protection Agency's pamphlet entitled "Protect Your Family From Lead In Your Home." can be found at: http://www.epa.gov/opptintr/lead/pyfcameraeng.pdf and at http://www.hud.gov/offices/lead/outreach/leapame.pdf and. Additional information can also be found on the EPA site at: http://www.epa.gov.