Page 1 of 17
This California Residential Lease Agreement (hereinafter “Lease”) is entered into this
the _____ day of ______ 20_____, by and between the Lessor:
_________________________________ (hereinafter referred to as “Landlord”), and
the Lessee(s): ______________________, ______________________,
______________________, _____________________. All Lessees (hereinafter
referred to collectively as “Tenant”), are jointly, severally and individually bound by, and
liable under, the terms and conditions of this Lease.
For the valuable consideration described below, the sufficiency of which is hereby
acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:
1. GRANT OF LEASE: Landlord does hereby lease unto Tenant, and Tenant does
hereby rent from Landlord, solely for use as a personal residence, excluding all
other uses, the personal residence located with the address of:
2. NATURE OF OCCUPANCY: As a special consideration and inducement for the
granting of this Lease by the Landlord to the Tenant, the personal residence
described above shall be used and occupied only by the members of the Tenant’s
family or others whose names and ages are set forth below:
3. TERM OF LEASE: This Lease shall commence on the ____ day of
__________________, 20___ and shall continue on a month to month (otherwise
known as a “Tenancy at Will”) with payment due as stated in Section 5 of this
4. SECURITY DEPOSIT: Upon execution of this Lease, Tenant shall deposit the sum
of ____________________ ($_______________) to be held by Landlord as a
security deposit for reasonable cleaning of, and repair of damages to, the premises
upon the expiration or termination of this Lease, or other reasonable damages
Page 2 of 17
resulting from a default by Tenant. Tenant shall be liable to Landlord for all
damages to the leased premises upon the termination of this Lease, ordinary wear
and tear excepted. Tenant is entitled to interest on the security deposit in
accordance with the provisions of the laws of the state of _____. Tenant may not
apply the security deposit to any rent due under this Lease. If Landlord sells or
assigns the leased premises, Landlord shall have the right to transfer Tenant’s
security deposit to the new owner or assignee to hold under this Lease, and upon
so doing Landlord shall be released from all liability to Tenant for return of said
security deposit.
Landlord shall refund a security deposit to the tenant on or before the 45th day
after the date the tenant surrenders the premises. Before returning a security
deposit, the landlord may deduct from the deposit damages and charges for which
the tenant is legally liable under the lease or as a result of breaching the lease. The
landlord may not retain any portion of a security deposit to cover normal wear and
tear. If the landlord retains all or part of a security deposit under this section, the
landlord shall give to the tenant the balance of the security deposit, if any, together
with an itemized list of all deductions. The landlord is not required to give the tenant
a description and itemized list of deductions if (1) the tenant owes rent when he
surrenders possession of the premises and (2) there is no controversy concerning
the amount of rent owed. The landlord is not obligated to return a tenant's security
deposit or give the tenant a written description of damages and charges until the
tenant gives the landlord a forwarding address for the purpose of refunding the
security deposit. The 45 day period following Lease Expiration does not commence
until ALL keys have been returned.
5. RENT PAYMENTS: Tenant agrees to pay unto the Landlord during the term of
this Lease total rent in the sum of
_____________________________________________($_________). Rental
payments are to be made in equal monthly installments of ( ), said installment for
each month being due and payable on or before the 1st day of the month.
Tenant agrees that if rent is not paid in full on or before the 10th day of the month,
Page 3 of 17
Tenant will pay a late charge equal to 5% of the monthly rent.
Initial payment of ( ) is due upon move-in through one of the following means:
1. Auto Debit must be performed 3 business days prior to move-in date
2. Cashier’s Check at time of move-in
3. Money Order at time of move-in
Move-in Fee: A Move-in Fee of ($____) is due on the first day of the lease.
Tenant agrees to pay rent in lawful U.S. money. Rent will be paid through ACH
Direct Debit beginning ____________________________.
All notices from Tenant to Landlord under this shall be delivered to the address:
Tenant agrees that rent monies will not be considered paid until Landlord or
Landlord’s agent receives the rent monies, either by mail or by delivery to the
above address. Tenant placing rent monies in the mail is not sufficient for rent to
be considered paid, and rent will be considered unpaid until actual receipt thereof.
If there are multiple Tenants signed to this Lease, all such Tenants are jointly,
severally and individually bound by, and liable under, the terms and conditions of
this Lease. A judgment entered against one Tenant shall be no bar to an action
against other Tenants.
6. CONSEQUENSES OF BREACH BY TENANT: If Tenant, by any act or omission,
or by the act or omission of any of Tenant’s family or invitees, licensees, and/or
guests, violates any of the terms or conditions of this Lease or any other
documents made a part hereof by reference or attachment, Tenant shall be
considered in breach of this Lease (breach by one tenant shall be considered
breach by all tenants where Tenant is more than one person).
In case of such breach, Landlord may deliver a written notice to the Tenant in
Page 4 of 17
breach specifying the acts and omissions constituting the breach and state that the
Agreement will terminate upon a date not less than thirty (30) days after receipt of
the notice. If the breach is not remedied within a reasonable time not in excess of
thirty (30) days; the Lease Agreement shall terminate and the Tenant shall
surrender possession as provided in the notice subject to the following:
(a) If the breach is remediable by repairs, the payment of damages, or otherwise,
and the Tenant adequately remedies the breach prior to the date specified in
the notice, the Lease Agreement shall not terminate;
(b) In the absence of a showing of due care by the Tenant, if substantially the same
act or omission which constituted a prior noncompliance of which notice was
given recurs within six (6) months, the Landlord party may terminate the Lease
Agreement upon at least fourteen (14) days written notice specifying the breach
and the date of termination of the Lease Agreement; If the Lease Agreement is
terminated, Landlord shall return all prepaid and unearned rent, and any
amount of the security deposit recoverable by the Tenant.
However, if the breach by the Tenant is nonpayment of rent, the Landlord
shall not be required to deliver thirty (30) days' written notice as provided above.
In such event, the Landlord may serve Tenant with a seven (7) day written
notice of termination, whereupon the Tenant must pay the unpaid rent in full or
surrender possession of the premises by the expiration of the seven (7) day
notice period.
Furthermore, the Tenant may be terminated with three (3) days notice if the
Tenant has committed a substantial violation of the Lease Agreement or
applicable state law that materially affects health and safety, and the violation is
not cured prior to the expiration of the three-day notice period.
Tenant expressly agrees and understands that upon Landlord’s termination of
this Lease, the entire remaining balance of unpaid rent for the remaining term of
this Lease shall ACCELERATE, whereby the entire sum shall become
immediately due, payable, and collectable. Landlord may hold the portion of
Tenant’s security deposit remaining after reasonable cleaning and repairs as a
Page 5 of 17
partial offset to satisfaction of the accelerated rent.
7. DELIVERY OF NOTICES: Any giving of notice under this Lease or applicable state
law shall be made by Tenant in writing and delivered to the address noted above for
the payment of rent, either by hand delivery or by mail. Certified or registered mail is
recommended. Delivery by mail shall not be considered complete until actual receipt
by Landlord or Landlord’s agent.
Any notices from Landlord to Tenant shall be in writing and shall be deemed
sufficiently served upon Tenant if when deposited in the mail addressed to the
leased premises, or addressed to Tenant’s last known post office address, or hand
delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then
notice to one shall be sufficient as notice to all.
8. UTILITIES: Landlord will provide and pay for the following utilities (check those that
[ ] Electric, [ ] Telephone, [ ] Gas - Heat [ ] Gas - Appliances [ ] Cable/Internet,
[ ] Water & Sewer.
Tenant shall be responsible for contacting and arranging for any utility service not
provided by the Landlord, and for any utilities not listed above. Tenant shall be
responsible for having same utilities disconnected on the day Tenant delivers the
leased premises back unto Landlord upon termination or expiration of this Lease.
Tenant shall use reasonable care in conservation of utilities not chargeable to the
Tenant. Tenant will not bring into use any articles in the premises that will overload
the gas, electric, or water capacities thereof or install any major appliances which
create excess usage of any utilities that are chargeable to the Landlord.
9. NOTICE OF INTENT TO SURRENDER: Any other provision of this lease to the
contrary notwithstanding, at least sixty (60) days prior to the normal expiration of
the term of this Lease as noted under the heading TERM OF LEASE above,
Page 6 of 17
Tenant shall give written notice to Landlord of Tenant’s intention to surrender the
residence at the expiration of the Lease term. If said written notice is not given, the
Tenant shall become a month-to-month tenant as defined by applicable state law,
and all provisions of this Lease will remain in full force and effect, unless this Lease
is extended or renewed for a specific term by written agreement of Landlord and
Tenant. Tenant acknowledges they are rent responsible for 60 days after Notice to
Vacate is received.
If Tenant becomes a month-to-month tenant in the manner described above,
Tenant must give a sixty (60) day written notice to the Landlord of Tenant’s
intention to surrender the residence. At any time during a month-to-month tenancy
Landlord may terminate the month-to-month Lease by serving Tenant with a written
notice of termination. Upon termination, Tenant shall vacate the premises and
deliver same unto Landlord on or before the expiration of the period of notice.
Landlord shall:
(a) Comply with the requirements of MD building and housing code materially
affecting health and safety;
(b) Maintain the dwelling unit, its plumbing and heating system, in substantially the
same condition as at the inception of the lease, reasonable wear and tear
excluded, unless the dwelling unit, its plumbing and heating system is damaged
or impaired as a result of the deliberate or negligent actions of the Tenant or
those present with Tenant’s knowledge or permission.
Tenant shall:
(a) Keep that part of the premises that he occupies and uses as clean and as safe
as the condition of the premises permits;
Page 7 of 17
(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a
clean and safe manner in compliance with community standards;
(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as
their condition permits;
This includes making sure a drain cover is properly placed over each shower
drain to prevent clogging of the main line. In the event the shower becomes
backed up and it is discovered no drain cover was in place, tenant assumes
responsibility of costs to unclog and repair the drain as determined by a
professional Plumber;
(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating,
air conditioning and other facilities and appliances in the premises;
(e) Not deliberately or negligently destroy, deface, damage, impair or remove any
part of the premises or knowingly permit any other person to do so;
(f) Conduct himself and require other persons on the premises with his consent to
conduct themselves in a manner that will not disturb his neighbors' peaceful
enjoyment of their premises;
(g) Inform the Landlord of any condition of which he has actual knowledge which
may cause damage to the premises;
(h) To the extent of his legal obligation, maintain the dwelling unit in substantially the
same condition, reasonable wear and tear excepted, and comply with the
requirements of applicable building and housing codes materially affecting health
and safety;
(i) Not engage in any illegal activity upon the leased premises as documented by a
law enforcement agency;
Page 8 of 17
(j) Not smoke or permit others to smoke in the premises;
(k) Not utilize any portable heating/cooling mechanism upon the leased premises
without the Landlords permission.
(l) Not engage in any activity creating excessive noise disturbances upon the leased
(m) Check forced air furnace and air conditioning filters monthly and replace when
necessary to prevent damage. Any repairs resulting from clogged filters will be
the tenants responsibility.
(n) Replace all light bulbs and fuses when necessary;
(o) Test all smoke detectors monthly and report any malfunctions to Landlord
(p) Promptly remove any snow and ice as necessary in front of the property and on
(q) Properly maintain exterior of unit by removing leaves, sticks and other debris that
accumulates on and around the unit including exterior gutters drains and
(r) Keep all trees, lawn, vines, plants and shrubbery well trimmed and in good
(s) Ensure the home is professionally cleaned at move-out or allow Landlord to
schedule cleaning and deduct from Security Deposit. If the home is not returned
in the same condition it was received minus normal wear and tear, fines will be
assessed from the Security Deposit on file.
12. KEYS: Each tenant over the age of 18 will be provided a set of keys to the unit
upon the first day of the Lease Agreement. Please do not make copies of the key
Page 9 of 17
without the express consent of the Landlord. Please do not provide a copy of the
key to third persons without the express consent of the Landlord. All keys to the
unit are to be returned to the Landlord at the expiration of the Lease. If Tenants fail
to return all copies of the keys at the expiration of the lease, a $50 fine per set of
keys not returned will be deducted from Tenants’ security deposit. Tenant
acknowledges that all additional keys purchased by tenant for said premise will be
returned to Landlord at the time of move-out.
In the event the locks are changed by Tenant, Landlord should be notified
immediately and receive a copy of the new key within 3 business days.
Mail Box Key: One (1) mailbox key for your unit will be provided to Tenants upon
execution of this lease agreement. The mailbox key shall be returned to the
Landlord at the expiration of the Lease. Failure to return the mailbox key will result
in a $__ assessment against Tenants’ security deposit.
Mailbox No.: _______
Parking Space: The parking space for the unit is number _________.
13. NO ASSIGNMENT OR SUBLET: Tenant expressly agrees that the leased
premises nor any portion thereof shall not be assigned or sublet by Tenant without
the prior consent of Landlord.
Tenant shall provide Landlord with 60 days’ notice of intent to Sublet, will be
responsible for finding a suitable Subletter and be responsible for continuing
payment of rent in the event the Subletter fails to make payment.
14. TENANT INSURANCE: Landlord shall not be liable to Tenant, Tenant’s family or
Tenant’s invitees, licensees, and/or guests for damages not proximately caused by
Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone
else for damages proximately caused by any other source whatsoever, or by Acts
Page 10 of 17
of God, and Tenant is therefore strongly encouraged to independently purchase
insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or
guests, and all personal property on the leased premises and/or in any common
areas from any and all damages. Tenants are not covered by Landlord’s insurance
for any loss or damage to personal property belonging to tenant due to fire,
burglary, water damage, or other occurrence, nor for liability or medical payments.
15. CONDITION OF LEASED PREMISES: It is agreed that tenant shall within five
days of occupancy give landlord or agent prompt notice in writing of any defects,
leaks or breakage in the structure, equipment or fixtures of said premises, including
damage by fires, storm and flood, as tenant will be held liable for all damages
attributable to such unreported conditions.
Tenant agrees not to damage the premises through any act or omission, and to be
responsible for any damages sustained through the acts or omissions of Tenant,
Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages
are incurred, Tenant is required to pay for any resulting repairs at the same time
and in addition to the next month’s rent payment, with consequences for non-
payment identical to those for non-payment of rent described herein. At the
expiration or termination of the Lease, Tenant shall return the leased premises in
as good condition as when taken by Tenant at the commencement of the lease,
with only normal wear-and-tear excepted. Tenant shall have the right to remove
from the premises Tenant’s fixtures placed thereon by Tenant at his expense,
provided, however, that Tenant in effecting removal, shall restore the leased
premises to as good, safe, sound, orderly and sightly condition as before the
addition of Tenant’s fixture. Failing this, Tenant shall be obligated to pay for repairs
as stated above.
16. ALTERATIONS: Tenant shall make no alterations, decorations, additions, or
improvements to the leased premises without first obtaining the express consent of
Landlord. Any of the above-described work shall become part of the dwelling. If
carried out by independent contractors, said contractors must be approved by
Page 11 of 17
Landlord. All work shall be done at such times and in such manner as Landlord
may designate. If a construction or mechanic’s lien is placed on the leased
premises as a result of the work, such shall be satisfied by Tenant within ten (10)
days thereafter at Tenant’s sole expense. Tenant shall be considered in breach of
this Lease upon failure to satisfy said lien.
17. NO ILLEGAL USE: Tenant shall not perpetrate, allow or suffer any acts or
omissions contrary to law or ordinance to be carried on upon the leased premises
or in any common area. Upon obtaining actual knowledge of any illegal acts or
omissions upon the leased premises, Tenant agrees to immediately inform
Landlord and the appropriate authorities. Tenant shall bear responsibility for any
and all illegal acts or omissions upon the leased premises and shall be considered
in breach of this Lease upon conviction of Tenant or any of Tenant’s family or
invitees, licensees, and/or guests for any illegal act or omission upon the leased
premises- whether known or unknown to Tenant.
18. NOTICE OF INJURIES: In the event of any significant injury or damage to Tenant,
Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal
property, suffered in the leased premises or in any common area, written notice of
same shall be provided by Tenant to Landlord at the address designated for
delivery of notices (identical to address for payment of rent) as soon as possible
but not later than five (5) days of said injury or damage. Failure to provide such
notice shall constitute a breach of this Lease.
19. LANDLORD’S RIGHT TO MORTGAGE: Tenant agrees to accept the premises
subject to and subordinate to any existing or future mortgage or other lien, and
Landlord reserves the right to subject premises to same. Tenant agrees to and
hereby irrevocably grants Landlord power of attorney for Tenant for the sole
purpose of executing and delivering in the name of the Tenant any document(s)
related to the Landlord’s right to subject the premises to a mortgage or other lien.
20. DELAY IN REPAIRS: Tenant agrees that if any repairs to be made by Landlord
Page 12 of 17
are delayed by reasons beyond Landlords control, there shall be no effect on the
obligations of Tenant under this Lease.
21. ABANDONMENT: Abandonment shall be defined as the absence of the Tenant
from the leased premises for a period of fourteen (14) or more consecutive days
while rent or any owing monies remain unpaid- whereupon Tenant will be
considered in breach of this Lease. This definition is subordinate to, and shall not in
any way impair, the rights and remedies of Landlord under this Lease or applicable
state law, except that in case of abandonment, Landlord or Landlord’s agents may
immediately or any time thereafter enter and re-take the leased premises as
provided by applicable state law, and terminate this Lease without notice to Tenant.
22. NOTICE OF ABSENCE FROM PREMISES: If Tenant is to be absent from the
leased premises for fourteen (14) or more consecutive days, written notice of such
should be served to Landlord. If such absences are to be customary or frequent,
the expected frequency and duration of absence should be summarily noted here:
Tenant expressly agrees and understands that absence from the premises, with or
without notice, in no way obviates the requirement to pay rent and other monies as
stated herein, or the consequences of failure to timely pay same.
23. POSSESSION OF PREMISES: Tenant shall not be entitled to possession of the
premises designated for lease until the security deposit and first month’s rent (or
prorated portion thereof), less any applicable promotional discount, is paid in full
and the premises designated for lease is vacated by the prior tenant.
24. MATERIALITY OF APPLICATION TO RENT: All representations made by
Tenant(s) on the Application to Rent are material to the grant of this Lease, and the
Lease is granted only on condition of the truthfulness and accuracy of said
representations. If a failure to disclose or lack of truthfulness is discovered on said
Application, Landlord may deem Tenant to be in breach of this Lease.
25. MODIFICATION OF THIS LEASE: Any modification of this lease shall not be
binding upon Landlord unless in writing and signed by Landlord or Landlord’s
Page 13 of 17
authorized agent. No oral representation shall be effective to modify this Lease. If,
as per the terms of this paragraph, any provision of this lease is newly added,
modified, or stricken out, the remainder of this Lease shall remain in full force and
26. REMEDIES NOT EXCLUSIVE: The remedies and rights contained in and
conveyed by this Lease are cumulative, and are not exclusive of other rights,
remedies and benefits allowed law.
27. SEVERABILITY: If any provision herein, or any portion thereof, is rendered invalid
by operation of law, judgment, or court order, the remaining provisions and/or
portions of provisions shall remain valid and enforceable and shall be construed to
so remain.
28. NO WAIVER: The failure of Landlord to insist upon the strict performance of the
terms, covenants, and agreements herein shall not be construed as a waiver or
relinquishment of Landlord's right thereafter to enforce any such term, covenant, or
condition, but the same shall continue in full force and effect. No act or omission of
Landlord shall be considered a waiver of any of the terms or conditions of this
Lease, nor excuse any conduct contrary to the terms and conditions of this Lease,
nor be considered to create a pattern of conduct between the Landlord and Tenant
upon which Tenant may rely upon if contrary to the terms and conditions of this
29. ATTORNEY FEES: In the event that Landlord employs an attorney to collect any
rents or other charges due hereunder by Tenant or to enforce any of Tenant's
covenants herein or to protect the interest of the Landlord hereunder, Tenant
agrees to pay a reasonable attorney's fee and all expenses and costs incurred
thereby, to the greatest extent allowed by applicable law.
30. HEIRS AND ASSIGNS: It is agreed and understood that all covenants of this
lease shall succeed to and be binding upon the respective heirs, executors,
administrators, successors and, except as provided herein, assigns of the parties
Page 14 of 17
hereto, but nothing contained herein shall be construed so as to allow the Tenant
to transfer or assign this lease in violation of any term hereof.
31. DESTRUCTION OF PREMISES: In the event the leased premises shall be
destroyed or rendered totally untenable by fire, windstorm, or any other cause
beyond the control of Landlord, then this Lease shall cease and terminate as of the
date of such destruction, and the rent shall then be accounted for between
Landlord and Tenant up to the time of such damage or destruction of said premises
is the same as being prorated as of that date. In the event the leased premises are
damaged by fire, windstorm or other cause beyond the control of Landlord so as to
render the same partially untenable, but repairable within a reasonable time, then
this lease shall remain in force and effect and the Landlord shall, within said
reasonable time, restore said premises to substantially the condition the same
were in prior to said damage, and there shall be an abatement in rent in proportion
to the relationship the damaged portion of the leased premises bears to the whole
of said premises.
32. EMINENT DOMAIN: In the event that the leased premises shall be taken by
eminent domain, the rent shall be prorated to the date of taking and this Lease
shall terminate on that date.
LL may enter and inspect the premises during the normal business hours and upon
reasonable written notice of at least 24 hors to tenant. With or without tenant’s
presence for the following reasons:
1. To exhibit the premises to prospective or actual purchasers, mortgagees,
tenants, workers, or contractors in which case the notice may be given orally if
the tenant has been notified in writing that the premises are for sale as provided
in California civil code section 1954
2. To make necessary or agreed repair, alterations or improvements,
3. Provide necessary or agreed services
Page 15 of 17
4. Make an initial inspection of the premises pursuant to California civil code section
5. The landlord may enter the tenant’s rental unit without notice at any time in
emergency situations or when tenant has abandoned or surrendered the
34. GOVERNING LAW. This Agreement shall be governed by the laws of the
jurisdiction in which the Premises is located.
Some municipalities in California restrict short-term rentals. In San Francisco, an owner
can rent out its primary residence for a term of less than 30 days if:
The owner is a permanent resident of San Francisco.
The premises are the owner's primary residence.
The number of days rented out per year does not exceed 90.
The owner registers the short-term rental with the city.
(S.F. Admin. Code § 41A.5(g).)
Short term vacation rental hosting platforms such as Airbnb must provide notice to
those listing on their platform that if they are a tenant who is listing their premises, they
may be in violation of their lease and subject to eviction by their landlord (Cal. Bus. &
Prof. Code § 22590).
Every residential lease must contain the statutory notice regarding the existence of
public access to the state's sex offenders database (Cal. Civ. Code § 2079.10a).
LEAD PAINT DISCLOSURE Federal law stipulates that landlords of properties built
prior to 1978 must disclose known lead paint and hazards to tenants, as well as provide
a copy of a government-issued pamphlet on the topic.
BED BUGS According to § 1954.602, Landlords should notify tenants of any known bed
Page 16 of 17
bug problems.
For residential leases entered into on or after July 1, 2018, the landlord must
incorporate the following disclosures into the lease in type no smaller than 8-point font:
Whether the property is located in a special flood hazard area or area of potential
flooding, if the owner has actual knowledge of that fact. The owner is considered to
have actual knowledge if:
the owner has received notice from a public agency that the property is located
in a special flood hazard zone or an area of potential flooding;
the owner's mortgage holder requires the owner to carry flood insurance; or
the owner currently carries flood insurance.
That the tenant can obtain information about hazards that may affect the property
from the Office of Emergency Services web site.
That the owner's insurance does not cover the loss of tenant's personal
possessions and the tenant should consider purchasing its own insurance.
That the owner does not need to provide any additional information concerning
flood hazards to the property.
(Cal. Gov't Code § 8589.45.)
DEATH IN PROPERTY According to § 1710.2, Landlords must inform tenants if a
previous tenant died within the last three years, unless the cause of death was due to
Page 17 of 17
Sign: ____________________ Print: ____________________ Date: _________
Sign: ____________________ Print: ____________________ Date: _________
Sign: ____________________ Print: ____________________ Date: _________
Chrome Web Store
It looks like you haven't installed the Fill Chrome Extension Add to Chrome