California Civil Code permits a landlord to lease a residential property to a tenant using California Month to Month Rental Agreement. This type of month to month tenancy or tenancy at will is suitable for renters without a fixed requirement of rented accommodation. However, please ensure that a lead based paint disclosure and Megan’s Law Disclosure is attached to the original contract form. In addition, here are some important considerations
- The landlord enters into individual rental agreement with each tenant.
- Thirty-day notice is necessary for termination of the lease contract. Section 1946 of California Civil Code prohibits less than seven-day notice for termination of the contract.
- It is necessary to prepare a move in checklist to evaluate the property condition and avoid misunderstandings during move out.
- Landlord has the right to seek a rental application from the proposed tenant for evaluation of the credentials.
- This month to month rent agreement renews on the first day of each month and terminates on the last day of the month. However, a landlord must serve a sixty-day termination notice to a tenant that stays in the property for over one year to comply with California Civil Code.
How To Prepare California Month to Month Rental Agreement
This four-page document seeks information from the landlord and the tenant. Therefore, please download and prepare the instrument together. Notary acknowledgement for signatures is not necessary. Provide following information.
- Execution / commencement date
- Name of the landlord
- Name of the tenant
- Address of the property
- Rent amount, due date, selection of supplied utilities and address for paying rent in section 1
- Amount of late payment and check dishonored charges in section 2
- Number of occupants and permissible days for guest accommodation in section 3
- Pets, vehicles, and other permitted items along with a description of the parking space in section 4
- Security deposit amount in section 5
- Amount of additional pet deposit
- List of additional responsibilities of the tenant
- List of repairs and proposed date of completion in section 9
- Additional agreements if any
- Tenant’s signature in accordance to lead based paint disclosure if applicable
- Particulars of initial payment to the landlord
- Date of execution of the lease contract
- Print name and signature/s of landlord or authorized agent
- Print name and signature/s of tenant/s