Rental Agreements

California most often utilizes a periodic rental agreement or lease. A periodic rental agreement is an oral or written rental contract between the landlord and the tenant for a stated length of time (whether days, weeks, or months). A periodic rental agreement that requires one rent payment each month is a month-to-month rental agreement and the tenancy is a month-to-month tenancy.

California presumes that the rental period, unless otherwise agreed, is for 30 days. The landlord may change the terms of the periodic rental agreement with proper written notice. The rental period determines the amount of advanced notice landlords and tenants must give each other if either decides to terminate the tenancy or if the landlord decides to change the terms of the agreement.

The lease signifies a predetermined period of time between the parties in the form of a tenancy. The tenancy may be for years (a fixed term) and the lease will outline this. As long as the lessee pays the rent and complies with other provisions, the lessor may not evict, raise the rent, or change other terms during the lease period.

The lease includes the following clauses containing the maximum number of occupants, the term of the rental agreement, rent amount and its acceptable methods of payment, late fees and returned checks, rent increases, rent control, fees and deposits, renters insurance, maintenance and repairs and more.

*Rent Control

Some cities have a rent control ordinance that limits or even prohibits rent increases. A landlord in a city with a rent control ordinance must follow specific procedures before increasing a tenant's rent.

While rent control ordinances have been challenged in court, high courts have re-affirmed that rent control itself does not violate the California state or federal constitutions.

Do you have questions regarding your tenancy? Alternatively, do you need more information on rent control? If so, please contact Aziz Yellin LLP by phone at (408) 600-0726 or email us at admin@azizyellin.com

This article is merely informational and is not intended to be used as legal advice. Use of any information from this article is for general information only and does not represent personal legal or tax advice, either express or implied. Readers are encouraged to consult Aziz Yellin LLP, or another attorney, for any specific legal matters.