Fillable California Month To Month Lease Agreement

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California Month To Month Lease Agreement

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California Month-to-Month Lease
This Lease Agreement (“Lease”) is entered by and between ______________________
(“Landlord”) and ______________________ (“Tenant”) on _______ (Date). Landlord and
Tenant may collectively be referred to as the “Parties.” This Lease creates joint and several
liabilities in the case of multiple Tenants. The Parties agree as follows:
1. Property: Landlord hereby leases the premises located at _____________________
_________________________________ in the City of _________________, State of
California, (the “Premises”) to Tenant.
2. Duration of Lease: The Lease will start on _____________________ and will continue
as a month-to-month tenancy. To terminate tenancy the Landlord or Tenant must give
the other party a written 30-day notice of Lease non-renewal if the tenant has lived on
the premises under one (1) year, sixty (60) days is required if the tenant has lived on the
property for more than one (1) year (per Civil Code 1946). The Tenant may only
terminate their Lease on the last day of any month and the Landlord must receive a
written notification of non-renewal at least 30 or 60 days prior to the last day of that
month. If the Tenant plans to leave on or after the first of any month, they are
responsible for that month’s full rent. If the Tenant does not provide the Landlord with a
written 30-day or 60-day notice, they shall forfeit their full deposit amount.
3. Rent: Tenant agrees to pay to Landlord as rent for the Premises the amount of
___________________________ dollars ($______________) each month in advance
on the _____ day of each month at ____ month of ___________________, 20_____ or
at any other address designated by Landlord. If the Lease Term does not start on the
____ day of the month or end on the last day of a month, the first and last month’s rent
will be prorated accordingly.
4. Security Deposit: At the signing of this Lease, Tenant shall deposit with Landlord, in
trust, a security deposit of $_________ as security for the performance by Tenant of the
terms under this Lease and for any damages caused by Tenant, Tenant’s family, agents
and visitors to the Premises during the term of this Lease. Landlord may use part or all
of the security deposit to repair any damage to the Premises caused by Tenant,
Tenant’s family, agents and visitors to the Premises. However, Landlord is not just
limited to the security deposit amount and Tenant remains liable for any balance.
Tenant shall not apply or deduct any portion of any security deposit from the last or any
month’s rent. Tenant shall not use or apply any such security deposit at any time in lieu
of payment of rent. If Tenant breaches any terms or conditions of this Lease, Tenant
shall forfeit any deposit, as permitted by law.
Pursuant to Civil Code 1950.5 the security deposit shall not be more than the equivalent of
three (3) months’ rent for furnished properties and two (2) months’ rent for unfurnished.
5. Late Fees: Rent is due on the ____ of each month. If any or all of the rent is not
received by the ____ of the month, $____ per day will be charged as late fees until full
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rental payment is received. If rent is not received by the ____ of the month, Tenant will
be considered in breach of the Lease Agreement and eviction proceedings will be
initiated.
6. Bounced Check Fees: Tenant agrees to pay the charge of $____ for each check
given by Tenant to Landlord that is returned to Landlord for lack of sufficient funds.
7. Property Use: Tenant shall only use the Premises as a residence. The Premises shall
not be used to carry on any type of business or trade without prior written consent of the
Landlord. Tenant will comply with all laws, rules, ordinances, statutes and orders
regarding the use of the Premises.
8. Defaults: If Tenant fails to perform or fulfill any obligation under this Lease, Tenant
shall be in default of this Lease. Subject to any statute ordinance or law to the contrary,
Tenant shall have ____ days from the date of notice of default by Landlord to cure the
default. In the event Tenant does not cure a default, Landlord may at Landlord’s option:
a) cure such default and the cost of such action may be added to Tenant’s financial
obligations under this Lease; or b) declare Tenant in default of the Lease. In the event
of default, Landlord may also, as permitted by law, re-enter the Premises and re-take
possession of the Premises. Landlord may, at its option, hold Tenant liable for any
difference between the rent that would have been payable under this Lease during the
balance of the unexpired term, if this Lease had continued in force and any rent paid by
any successive Tenant if the Premises are re-let. In the event Landlord is unable to re-
let the Premises during any remaining term of this Lease, after default by Tenant,
Landlord may at its option hold Tenant liable for the balance of the unpaid rent under
this Lease if this Lease had continued in force. The failure of Tenants or their guests or
invitees to comply with any term of this Agreement is ground for termination of the
tenancy, with appropriate notice to Tenants and procedures as required by law.
9. Quiet Enjoyment: Tenant shall be entitled to quiet enjoyment of the Premises and
Landlord will not interfere with that right, as long as Tenant pays the rent in a timely
manner and performs all other obligations under this Lease.
10. Possession and Surrender of Premises: Tenant shall be entitled to possession of
the Premises on the 1
st
day of the Lease Term. At the expiration of the Lease, Tenant
shall peaceably surrender the Premises to the Landlord or Landlord’s agent in good
condition, as it was at the commencement of the Lease, reasonable wear and tear
excepted.
11. Occupants: Tenant agrees that no more than ____ persons may reside on the
Premises without prior written consent of the Landlord.
12. Condition of Premises: Tenant or Tenant’s agent has inspected the Premises, the
fixtures, the grounds, building and improvements and acknowledges that the Premises
are in good and acceptable condition and are habitable. If at any time during the term
of this Lease, in Tenant’s opinion, the conditions change, Tenant shall promptly
provided reasonable notice to Landlord.
13. Assignment and Sublease: Tenant ☐ shall ☐ shall not assign or sublease any
interest in this Lease. All sublease arrangement must be made with prior written
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consent of the Landlord, which consent shall not be unreasonably withheld. Any
assignment or sublease without Landlord’s written prior consent shall, at Landlord’s
option, terminate this Lease.
14. Dangerous Materials: Tenant shall not keep or have on or around the Premises any
item of a dangerous, flammable or explosive nature that might unreasonably increase
the risk of fire or explosion on or around the Premises or that might be considered
hazardous by any responsible insurance company.
15. Utilities and Services: Charge for ☐ electricity, ☐ telephone service, ☐ cable
television, ☐ heat, ☐ hot water, ☐ water, ☐ garbage pick-up, ☐ snow-removal and ☐
lawn maintenance are services/utilities provided to the apartment are included as a part
of this Lease and shall be borne by the Landlord in addition to the following:
__________________________________________.
16. Pets: Tenant shall not keep any pets on the Premises without the prior written consent
of the Landlord. If Landlord grants permission to Tenant to keep pets, an additional
security deposit of $____ will be required by the Landlord to keep in trust for potential
damage to the Premises caused by Tenant’s pets.
17. ALTERATIONS AND IMPROVEMENTS: Tenant agrees not to make any
improvements or alterations to the Premises without prior written consent of the
Landlord. If any alterations, improvement or changes are made to or built on or around
the Premises, with the exception of fixtures and personal property that can be removed
without damage to the Premises, they shall become the property of Landlord and shall
remain at the expiration of the Lease, unless otherwise agreed in writing.
18. Damage to Premises: If the Premises or part of the Premises are damaged or
destroyed by fire or other casualty not due to Tenant’s negligence, the rent will be
abated during the time that the Premises are uninhabitable. If Landlord decides not to
repair or rebuild the Premises, then this Lease shall terminate and the rent shall be
prorated up to the time of the damage. Any unearned rent paid in advance shall be
refunded to Tenant.
19. Maintenance and Repair: Tenant will, at Tenant’s sole expense, keep and maintain
the Premises in good, clean and sanitary condition and repair during the term of this
Lease and any renewal thereof. Tenant shall be responsible to make all repairs to the
Premises, fixtures, appliances and equipment therein that may have been damaged by
Tenant’s misuse, waste or neglect, or that of the Tenant’s family, agents or visitors.
Tenant agrees that no painting will be done on or about the Premises without the prior
written consent of Landlord. Tenant shall promptly notify Landlord of any damage,
defect or destruction of the Premises or in the event of the failure of any of the
appliances or equipment. Landlord will use its best efforts to repair or replace any such
damaged or defective areas, appliances or equipment.
20. Right of Inspection: Tenant agrees to make the Premises available to Landlord or
Landlord’s agents for the purposes of inspection, making repairs or improvements, or to
supply agreed services or show the premises to prospective buyers or tenants, or in
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case of emergency. Except in case of emergency, Landlord shall give Tenant
reasonable notice of intent to enter. Tenant shall not, without Landlord’s prior written
consent, add, alter or re-key any locks to the Premises. At all times Landlord shall be
provided with a key or keys capable of unlocking all such locks and gaining entry.
Tenant further agrees to notify Landlord in writing if Tenant installs any burglar alarm
system, including instructions on how to disarm it in case of emergency entry.
21. Holdover: In the event Tenant remains in possession the Premises for any period after
the expiration of the Lease Term (“Holdover Period”) a new month-to-month tenancy
shall be created subject to the same terms and conditions of this Lease at a monthly
rental rate of the same in this agreement unless otherwise agreed by the Parties in
writing. Such month-to-month tenancy shall be terminable on thirty (30) days notice by
either Party or on longer notice if required by law.
22. Abandonment: If Tenant abandons the Premises of any personal property during the
term of this Lease, Landlord may at is option enter the Premises by any legal means
without liability to Tenant and may at Landlord’s option terminate the Lease.
Abandonment is defined as absence of the Tenants from the Premises for at least ____
consecutive days without notice to Landlord. If Tenant abandons the Premises while
the rent is outstanding for more than ____ days and there is not reasonable evidence,
other than the presence of the Tenants’ personal property, that the Tenant is occupying
the unit, Landlord may at Landlord’s option terminate this Lease Agreement and regain
possession in the manner prescribed by law. Landlord will dispose of all abandoned
personal property on the Premises in any manner allowed by law.
23. Extended Absences: In the event Tenant will be away from the Premises for more
than 7 consecutive days, Tenant agrees to notify Landlord in writing of such absence.
During such absence, Landlord may enter the premises at times reasonable necessary
to maintain the property and inspect for damages and needed repairs.
24. Security: Tenant understands that Landlord does not provide any security alarm
system or other security for Tenant or the Premises. In the event any alarm system is
provided, Tenant understands that such alarm system is not warranted to be complete
in all respects or to be sufficient to protect Tenant on the Premises. Tenant releases
Landlord from any loss, damage, claim or injury resulting from the failure of any alarm
system, security or from the lack of any alarm system or security.
25. Severability: If any part of this Lease shall be held unenforceable for any reason, the
remainder of this Agreement shall continue in full force and effect. If any provision of
this Lease is deemed invalid or unenforceable by any court of competent jurisdiction,
and if limiting such provision would make the provision valid, then such provision shall
be deemed to be construed as so limited.
26. Insurance: Landlord and Tenant shall each be responsible to maintain appropriate
insurance for their respective interests in the Premises and property located on the
Premises. Tenant understands that Landlord will not provide any insurance coverage
for Tenant’s property. Landlord will not be responsible for any loss of Tenant’s property,
whether by theft, fire, riots, strikes, acts of God or otherwise. Landlord encourages
Page 5 of 8
Tenant to obtain renter’s insurance or other similar coverage to protect against risk of
loss.
27. Binding Effect: The covenants and conditions contained in the Lease shall apply to the
Parties and the heirs, legal representatives, successors and permitted assigns of the
Parties.
28. Governing Law: This Lease shall be governed by and construed in accordance with
the laws of the State of California.
29. Megan’s Law: Notice: Pursuant to Section 290.46 of the Penal Code, information about
specified registered sex offenders is made available to the public via an Internet Web
site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on
an offender's criminal history, this information will include either the address at which
the offender resides or the community of residence and ZIP Code in which he or she
resides.
30. Entire Agreement: This Lease constitutes the entire Agreement between the Parties
and supersedes any prior understanding or representation of any kind preceding the
date of this Agreement. There are no other promises, conditions, understandings or
other Agreements, whether oral or written, relating to the subject matter of this Lease.
This Lease may be modified in writing and must be signed by both Landlord and
Tenant.
31. Notice: Any notice required or otherwise given pursuant to this Lease shall be in writing
and mailed certified return receipt requested, postage prepaid, or delivered by overnight
delivery service, if to Tenant, at the Premise and if to Landlord, at the address for
payment of rent. Either party may change such addresses from time to time by
providing notice as set forth above.
32. Cumulative Rights: Landlord’s and Tenant’s rights under this Lease are cumulative
and shall not be construed as exclusive of each other unless otherwise required by law.
33. Waiver: The failure of either Party to enforce any provisions of the Lease shall not be
deemed a waiver of limitation of that Party’s right to subsequently enforce and compel
strict compliance with every provision of this Lease. The acceptance of rent by
Landlord does not waive Landlord’s right to enforce any provisions of this Lease.
34. Indemnification: To the extent permitted by law, Tenant will indemnify and hold
Landlord and Landlord’s property, including the Premises, free and harmless from any
liability for losses, claims, injury to or death of any person, including Tenant, or for
damage to property arising from Tenant using and occupying the Premises or from the
acts or omissions of any person or persons, including Tenant, in or about the Premises
with Tenant’s express or implied consent except Landlord’s act or negligence.
35. Legal Fees: In the event that the Tenant violates the terms of the Lease or defaults in
the performance of any covenants in the Lease and the Landlord engages an attorney
or institutes a legal action, counterclaim, or summary proceeding against Tenants based
upon such violation or default, Tenants shall be liable to Landlord for the costs and
Page 6 of 8
expenses incurred in enforcing this Lease, including reasonable attorney fees and
costs. In the event the Tenants bring any action against the Landlord pursuant to this
Lease and the Landlord prevails, Tenant shall be liable to Landlord for costs and
expenses of defending such action, including reasonable attorney fees and costs.
Additional Terms and Conditions:
Display of Signs: Landlord or Landlord’s agent may display “For Sale” or “For Rent” or
“Vacancy” or similar signs on or about the Premises and enter to show the Premises to
prospective tenants during the last ____ days of this Lease. Tenant agrees that no signs shall
be placed on the Premises without the prior written consent of the Landlord.
Noise: Tenant shall not cause or allow any unreasonably loud noise or activity in the Premises
that might disturb the rights, comforts and conveniences of other persons. No lounging or
visiting will be allowed in the common areas. Furniture delivery and removal will take place
between _____a.m. and _____p.m.
Parking: Tenant is ☐ granted ☐ not granted permission to use parking space(s) that may be
found at ____________________________ for the purpose of parking ____ motor vehicle(s)
during the term of this Lease. Landlord is not responsible for, nor does it assume any liability
for damages caused by fire, theft, casualty or any other cause whatsoever with respect to any
car or its contents.
Balconies: Tenant ☐ shall ☐ shall not use balcony for the purpose of storage, drying clothes,
cleaning rugs or grilling.
Bicycles: All bicycles owned by the Tenant shall be stored only in the areas designated by the
Landlord and not in any other parts of the building including the hallways, entrances and
lobbies.
Locking of Entrance Doors: Landlord reserves the right to close and keep locked all
entrance doors of the building during such hours as the Landlord deems advisable for the
safety and protection of the building and its occupants. Tenant shall not prop open any
entrance doors.
Dwelling: Tenant is only entitled to occupy the dwelling listed above. This Lease does not
entitle the Tenant to use of any area outside of the dwelling including, but not limited to, the
attic, basement or the garage without written permission from the Landlord. Tenant is not to
paint any part of the apartment without prior written permission from the Landlord.
Water Leaks: Tenant is to notify the Landlord immediately if Tenant notices any running water
in the faucets in the kitchen, bathroom-sink, bathtub or any other faucets. If the toilet is
running and does not shut off properly, Tenant is to notify Landlord immediately. If Tenant
does not notify Landlord of any water leaks and it is determined that the water bill is in excess
because of this leak, Tenant will be responsible financially for paying the difference in the
water bill.
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IN WITNESS THEREOF, the Parties have caused this Lease to be executed on the day and
year first above written.
LANDLORD SIGNATURE: _____________________________________________________
Printed Name: __________________________________________ Date: _______________
TENANT #1: ________________________________________________________________
Printed Name: __________________________________________ Date: _______________
TENANT #1: ________________________________________________________________
Printed Name: __________________________________________ Date: _______________
Page 8 of 8
CALIFORNIA FLOOD DISCLOSURE
This Flood Disclosure Addendum is made part of the lease agreement dated
_________________, 20____, by and between _________________ (“Landlord”) and
_________________ (“Tenant”) for the property located at _________________, City of
_________________, State of California.
Per Section 8589.45 of the Government Code, the Landlord is required to provide any and all
information if the rental property is at risk of flooding as deemed by the State of California.
The Landlord hereby discloses the following: (initial)
____ - The Landlord has NO KNOWLEDGE that the rental property is located in a special
flood hazard area of an area at risk to potential flooding;
OR
____ - The Landlord IS AWARE and discloses to Tenant the rental property is located in a
flood hazard area or an area that has a high risk to potential flooding. Under State law, the
Landlord can declare they have actual knowledge of a flooding hazard on the rental property if
one (1) of the following are true:
• The Landlord currently holds flood insurance on the rental property;
• The Landlord has received notice from a public, government, or equivalent agency that the
rental property is located in a special flood hazard zone or an area of potential flooding; or
• The Landlord’s mortgage holder requires the Landlord to carry flood insurance.
The Tenant has the right to seek information about hazards, not limited to flooding, that may
affect the rental property from the Office of Emergency Services at the web address of
http://myhazards.caloes.ca.gov/.
It shall be known that the Landlord’s insurance does not cover the loss of the Tenant’s
personal possessions or for any relocation expenses. Any losses would be the sole
responsibility of the Tenant. Therefore, the Tenant should consider purchasing their own
insurance to cover these items. The Landlord does not need to provide any additional
information concerning the potential of flood hazards on the rental property.
The following parties have reviewed the information about and certify, to the best of their
knowledge, that the information provided by the signatory is true and accurate.
Tenant’s Signature ______________________________________ Date ________________
Landlord’s Signature ____________________________________ Date ________________
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California Month To Month Lease Agreement

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Completed 10 August 2021

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