California Month to Month Rental Agreement Form

California Month to Month Rental Agreement Form.doc This form allows an owner of a property to rent it to someone else on a monthly agreement without an ending date. The agreement is valid until one o




California Apartment Association Approved Form
Form 2.0 ó Revised 10/05ó © 2005 ó All Rights Reserved
Page 1 of 3
(Street Address)
THIS AGREEMENT is made and entered into this _________________ day of _____________________________ , ______________ between
_____________________________________________________________________________ ìOwner/Agentî, whose address and phone
number are _________________________________________________________________________________________________________ ,
and ______________________________________________________________________________________________________ìResident.î
1. RENTAL UNIT: Subject to the terms and conditions of this Agreement, Owner rents to Resident and Resident rents from Owner, for residential
use only,
the premises located at: _____________________________________________________________________ , Unit # (if applicable),
_________________________________________________________________ CA , ____________
on a month-to-month term.
2. RENT: Rent is due in advance on the _______day of each and every month, at $ ___________ per month, beginning on __________ , payable
at _______________________________________________ . Payments made in person may be delivered to Owner/Agent between the
hours of ____________ and ___________ on the following days of the week:
! Monday ! Tuesday ! Wednesday !Thursday ! Friday ! Saturday ! Sunday
Acceptable methods of payment:
! Personal Check ! Cashierís Check ! Money Order ! EFT/Credit (see Owner/Agent for details) and ! Cash
If rent is paid after the ________ of the month, there will be a late charge of $__________ assessed. Pursuant to California law, if Resident
passes a check on insufficient funds, Resident will be liable to Owner/Agent for the amount of the check and a service charge of $ _________,
not to exceed $25 for the first check passed on insufficient funds, and $35 for each subsequent check passed on insufficient funds.
3. SECURITY DEPOSIT: Resident shall deposit with Owner/Agent, as a security deposit, the sum of $ _____________
! prior to taking possession of the unit _________________________________________or ! no later than __________________.
Resident shall not use the security deposit to pay any monthís rent. Owner/Agent may withhold from the security deposit only such amounts as
are reasonably necessary to remedy Resident defaults including, but not limited to, the following:
(a) defaults in the payment of rent,
(b) to repair damages to the premises caused by Resident, exclusive of ordinary wear and tear, and/or
(c) to clean the premises, if necessary, upon termination of the tenancy in order to return the unit to the same level of cleanliness it was
in at the inception of the tenancy, and/or
(d) to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear.
No later than 21 calendar days after Owner/Agent has regained possession of the premises, Owner/Agent shall return any remaining portion of
such security deposit to Resident.
4. CASH PAYMENT:The Owner/Agent may demand or require cash as the exclusive form of payment of rent or deposit of security if the tenant
has previously attempted to pay the Owner/Agent with a check drawn on insufficient funds or the tenant has instructed the drawee to stop
payment on a check, draft, or order for the payment of money. If the Owner/Agent chooses to demand or require cash payment under these
circumstances, the Owner/Agent shall give the Resident a written notice stating that the payment instrument was dishonored and informing the
Resident that the Resident shall pay in cash for a period determined by Owner/Agent, not to exceed three months, and attach a copy of the
dishonored instrument to the notice.
(Name of Owner/Agent)
(Day) (Month)
(Address and Telephone of Owner/Agent)
(Address where payments should be delivered)
(City)California Apartment Association Approved Form
Form 2.0 ó Revised 10/05ó © 2005 ó All Rights Reserved
Page 2 of 3
5. TERMINATION: Except as prohibited by law, this Agreement may be terminated by Resident after service upon the Owner/Agent of a written
30-day notice of termination of tenancy. Except as prohibited by law, this Agreement may be terminated by the Owner/Agent by service upon the
Resident of a written 30-day notice of termination of tenancy. Any holding over thereafter shall result in Resident being liable to Owner/Agent
for daily rental damages equal to the current fair rental value of the unit, divided by 30.
6. OCCUPANTS: Premises shall be occupied only by the following named person(s):
_________________________________________________ ___________________________________________________
Name Birthdate Name Birthdate
_________________________________________________ ___________________________________________________
Name Birthdate Name Birthdate
7. PROHIBITIONS: Without Owner/Agentís prior written permission as an addendum to this Agreement, no pets, no water beds or liquid-filled
furniture or
___________________________________________________________________ shall be kept or allowed in or about the premises.
8. QUIET ENJOYMENT: Resident shall not violate any criminal or civil law, ordinance or statute in the use and occupancy of the premises, commit
waste or nuisance, annoy, molest or interfere with any other Resident or neighbor. Any such action may result in the immediate termination of
this Agreement as provided herein and by law.
9. REPAIRS AND ALTERATIONS: Except as provided by law, no repairs, decorating or alterations shall be done by Resident without Owner/
Agentís prior written consent. Resident shall notify Owner/Agent in writing of any repairs or alterations contemplated. Decorations include, but
are not limited to, painting and wallpapering. Resident shall hold Owner/Agent harmless and indemnify Owner/Agent as to any mechanics lien
recordation or proceeding caused by Resident. Resident may not make any alterations to cable or telephone inside wiring (such as may occur
when changing telecommunications providers or adding phone lines) without prior written consent of the Owner/Agent. The notice shall include
the name, address, and telephone number of any new telecommunication provider. Resident agrees to pay all costs resulting from the alteration
and agrees to pay to the Owner/Agent any costs associated with restoring the inside wiring to the condition at the time of move-in, except for
reasonable wear and tear.
10. ACCEPTANCE OF PREMISES: Resident has inspected the premises, furnishings and equipment, and has found them to be satisfactory. All
plumbing, heating and electrical systems are operative and deemed satisfactory.
11. CARE, CLEANING, MAINTENANCE AND INSURANCE: Resident agrees to leave the premises in the same condition as it was received,
subject to normal wear and tear. Except as prohibited by law, Resident shall keep the premises and furniture, furnishings and appliances, and
fixtures, which are rented for Residentís exclusive use, in good order and condition. Upon move-out, Resident agrees to return the unit to the
same level of cleanliness it was in at the inception of the tenancy. Resident ! is ! is not (check one) responsible for the upkeep of the yard and
landscaping. Resident shall pay Owner/Agent for costs to repair, replace or rebuild any portion of the premises damaged by the Resident,
Residentís guests or invitees. Residentís property is not insured by Owner/Agent. Resident is not a co-insured and is expressly excluded from
any insurance policy held by Owner/Agent which is now in effect or becomes effective during the term of this Agreement.
12. UTILITIES: Resident shall pay for all utilities, services and charges, if any, made payable by or predicated upon occupancy of Resident, except:
13. WAIVER OF BREACH: The waiver of either party of any breach shall not be construed to be a continuing waiver of any subsequent breach.
The receipt by Owner of the rent with the knowledge of any violation of a covenant or condition hereto shall not be deemed a waiver of such
breach. No waiver by either party of the provisions herein shall be deemed to have been made unless expressed in writing and signed by all
parties to this Rental Agreement.
14. JOINT AND SEVERAL LIABILITY: The undersigned Resident(s), whether or not in actual possession of the premises, are jointly and severally
liable for all obligations under this Rental Agreement, and shall indemnify Owner/Agent for liability arising prior to the termination of the Rental
Agreement for personal injuries or property damage caused or permitted by Resident(s), their guests and invitees. This does not waive ìOwner/
Agentís duty of careî to prevent personal injury or property damage where that duty is imposed by law.California Apartment Association Approved Form
Form 2.0 ó Revised 10/05ó © 2005 ó All Rights Reserved
Page 3 of 3
15. ENTRY: California law allows Owner/Agent or his/her employee(s) to enter the premises for certain purposes during normal business hours. The
Owner/Agent will provide written notice to the Resident prior to the entry of the dwelling unit whenever required by state law. (Civil Code
Section 1954.) Residentís non-compliance with Owner/Agentís lawful request for entry is a material breach of this Agreement that may be cause
for immediate termination as provided herein and by law.
16. SUBLETTING AND ASSIGNMENT: No portion of the premises shall be sublet nor this Agreement assigned. Any attempted subletting or
assignment by Resident shall, at the election of Owner/Agent, be an irremediable breach of this Agreement and cause for immediate termination
as provided herein and by law.
17. SALE OF PROPERTY: In the event of the sale or refinance of the property: If Owner/Agent presents to Resident a ìResidentís Certification of
Terms – Estoppel Certification,î or other similar Estoppel Certification form, Resident agrees to execute and deliver the certificate acknowledging
that this Lease Agreement is unmodified and in full force and effect, or in full force and effect as modified with the consent of Owner/Agent, and
stating the modifications, within ten (10) days of written notice. Failure to comply shall be deemed Residentís acknowledgement that the
certificate as submitted by Owner/Agent is true and correct and may be relied upon by any lender or purchaser.
18. SMOKE DETECTION DEVICE: The premises are equipped with a functioning smoke detection device(s), and Resident shall be responsible for
testing the device weekly and immediately reporting any problems, maintenance or need for repairs to Owner/Agent. If battery operated, Resident
is responsible for changing the detectorís battery as necessary. Owner/Agent shall have a right to enter the premises to check and maintain the
smoke detection device as provided by law.
19. 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 Depending on an offenderís 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.
20. ADDENDA: By initialing as provided, Resident acknowledges receipt of the following applicable addenda, as indicated, copies of which are
attached hereto, and are incorporated as part of this Agreement.
21. ENTIRE AGREEMENT: This Agreement, which includes all attachments referred to above, constitutes the entire Agreement between the parties
and cannot be modified except in writing and signed by all parties. Neither Owner/Agent, nor any agent or employee of Owner/Agent has made
any representations or promises other than those set forth herein.
22. CREDIT REPORTS: A negative credit report reflecting on your credit history may be submitted to a credit reporting agency if you fail to fulfill
the terms of your credit obligations. Resident expressly authorizes Owner/Agent (including a collection agency) to obtain Residentís consumer
credit report, which Owner/Agent may use if attempting to collect past due rent payments, late fees, or other charges from Resident, both during
the term of the Agreement and thereafter.
23. ATTORNEYS’ FEES: If any legal action or proceeding is brought by either party to enforce any part of this Agreement, the prevailing party shall
recover, in addition to all other relief, reasonable attorneysí fees and court costs, unless one of the following two boxes is checked:
! the prevailing party shall recover, in addition to all other relief, attorneysí fees not to exceed $____________, plus court costs.
! each party shall be responsible for their own attorneysí fees and court costs.
The undersigned Resident(s) acknowledge(s) having read and understood the foregoing, and receipt of a duplicate original.
________Resident Policies & Rules
________Move-In/Move-Out Itemization
________Pest Control Notice
________Satellite Addendum
________Pool Rules
________Smoke Detector Agreement
________Pet Agreement
________Asbestos Addendum
________Lead Disclosure Addendum
________Mold Addendum
Date Owner/Agent
Date Resident
Date Resident
________C C & Rs
________Drug Free Housing
________Proposition 65 Brochure