What is the difference between a lease and a rental agreement?

This rental form allows you to create either a fixed-term lease or a rental agreement.

• A lease runs from one specific date to another, and typically lasts for a year. The lease expires on its own; neither landlord nor tenant need give notice. The terms of the lease cannot be modified mid-lease unless both parties agree.

• A month-to-month rental agreement self-renews every month, unless landlord or tenant gives the required amount of notice. Landlords may modify the terms of the agreement using the same notice period.

Are you renewing an existing lease you made with Nolo?

If you've made a lease using this platform and have an existing account, you can renew the lease by duplicating the old lease and entering any changed information. For example, make sure the contact information for you or the manager is current. (To duplicate your form, open the original lease and click "More" in the green menu bar. Then click "Duplicate.")

If you want to apply the security deposit you collected originally to the renewed lease, you'll have an opportunity to do so. You can either roll-over the amount you have on hand, or add to it (within the limits of the law, of course). If you're subject to a local law requiring interest on deposits, don't forget to follow the rules regarding disbursement, and to calculate interest based on the new, higher amount if you've increased the deposit.

Is the rental subject to rent control or other local laws?

In some cities or counties, local ordinances or laws require certain language or information to be in the lease or rental agreement. For example, some cities require landlords to pay interest on deposits, though state law does not.

If you own rental property in a city that has rent control, you should have a current copy of the city’s rent control law. You can usually obtain a paper copy from the administrative agency that oversees the workings of the ordinance. It’s quicker, however, to read the material online. Most cities have posted their ordinances on their websites.

You can also access many cities’ municipal codes at State and Local Government on the Net (California). Look for your county and/or city.

If your city requires you to pay interest on security deposits (or if you choose to do so voluntarily), you can note this in the “Amount and Payment of Deposits” clause of the agreement. You can add any other locally required information in the “Additional Provisions” clause of the agreement.

What are the minimum square foot requirements and occupancy limits for this property?

If you are renting to more than one tenant, and have concerns about whether your rental is legally large enough for the proposed number of residents, you will need to consider the number of residents and the size of the available bedrooms.

California law sets a minimum square foot requirement of 70 square feet for the first occupant of a bedroom designed for sleeping, plus an additional 50 square feet for each additional occupant of that bedroom. Your city may have minimum requirements that allow for more occupants than the state standard—be sure to check your city’s requirements.

You will also need to be aware of California’s rules on permissible occupancy standards—the ability of a landlord to set a limit on the number of tenants, based on the number alone of bedrooms. California’s rule of thumb is two residents per bedroom plus one more. This means that a two-bedroom unit should be able to accommodate five persons (subject to the minimum square footage requirement explained above). Be sensible when applying this standard, taking into consideration the age of the residents and the relative size of the rooms.

Are there legal requirements that apply when negotiating in a foreign language?

If you and your tenant discuss your agreement primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, you must give the tenant an unsigned version of the rental document in that language before asking for a signature. This rule does not apply (that is, you may present your English version only) if the tenant has supplied his own translator who is not a minor and who can speak and read the foreign language and English fluently. If the translator is supplied by the tenant but does not meet these two requirements, or if the translator is you or someone in your employ or otherwise supplied by you (for example, your fluent daughter), you will have to present a foreign language version of your rental document. (Cal. Civ. Code § 1632.)

What are a landlord's duties regarding the disclosure of mold?

Since 2001, California's Department of Public Health has been charged with developing permissible exposure level standards ("PELS") to mold. Once they are developed, landlords will be charged with disclosing to tenants the presence of any known mold that exceeds these levels. As of this writing, no guidelines have been developed. You can read more about mold at the Department's website.

How do I comply with disclosing and documenting any lead hazards on the property?

With some exceptions, all landlords must complete the federally required Lead Paint and Lead-Paint Hazards Disclosure form and give it to prospective tenants. Your agreement includes a clause in which landlords who are not exempt from this requirement state that they have complied with the rule (exemptions are explained in the Help sections of the clause). You can download the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards from the EPA website. Fill it out by hand. Be sure to keep a copy for your records.

If you are not exempt, you will also need to give your tenant a copy of the EPA pamphlet Protect Your Family From Lead in Your Home, available at the EPA website.

What are the California laws regarding waterbeds?

Though water-filled furniture is relatively uncommon these days, now and then you’ll encounter a tenant who wants to move in with one, or who will want to get one later. Here are the legal rules:

• Pre-1973 buildings. If your property's certificate of occupancy was issued before January 1, 1973, you may refuse permission to use a waterbed or other water-filled furniture.
• Post-1973 buildings. For buildings whose certificate was issued after January 1, 1973, you may not refuse to rent to tenants with waterbeds, but you may insist that the tenant and the furniture meet specific requirements.

Your agreement includes a waterbed clause. If your property was built post-1973 (or you decide to allow a waterbed in your pre-1973 building), and you know that the tenant intends to move in with one, you will want to download the Waterbed Agreement (available in the signing instructions included with your purchase) that sets out the conditions under which the bed may be brought in. If your tenant approaches you during the tenancy term and asks to install a waterbed, use the same form.