The California commercial lease is a document used to rent a property to a tenant who needs retail, office or industrial space. Often, a landlord doesn`t see the rent payments until the business in question has started generating sufficient revenue. For this reason, it is wise for the owner to research the business before writing a lease. In general, there are three types of commercial leases that are used when establishing a landlord-tenant relationship. each has been described below. Crude. Know your state`s rental laws – Once you decide to convert your apartment to a rental, you become a landlord, which means you need to familiarize yourself with your state`s landlord-tenant laws. For example, the City of Boston, Massachusetts requires rental property owners to register their property with the city each year. Otherwise, there will be high fees and possible legal implications. What is the maximum I can charge for a deposit? How much can I charge for the rental application fee? These are the kinds of questions you need to look for and find answers in order to successfully rent out your property and stay away from legal difficulties. Demolition (§ 1940.6) – If the landlord has received any authorization from his or her respective municipal office to demolish a housing unit, it must be communicated to the tenant before accepting a lease or deposit. Proximity to a military base (§ 1940.7) – Owners/owners of residential buildings located within 1 mile of a military base with heavy ammunition are required to disclose this fact before executing a lease.
The landlord must notify the tenant twenty-four (24) hours in advance (in writing) before entering/entering the rental property (§ 1954 (a)). The notice should include the following: Lead-based paint (42 U.S. Code § 4852d) – The EPA and HUD have issued a federal executive order requiring that all rental properties built before 1978 and containing lead paint be equipped with a lease that discloses the potential risks of contact with the harmful substance. If pesticides are administered to a unit in a rental building, all adjacent tenants and anyone at risk of secondary exposure must be notified at least 24 hours in advance of application. The application may require a temporary relocation of other tenants, which must be disclosed in the lease to be enforceable and avoid possible damages charged to the landlord. Pet Addendum – An addition to the lease if the tenant wants to bring a pet to the premises. The rent is due on the day specified in the rental agreement (page 28, owner-tenant manual). Smoking Policy (§ 1947.5) – Prior to the tenancy, the landlord must provide the lease with a full disclosure setting out the rules and regulations for smoking cigarettes (tobacco) on the property or that smoking on the premises is completely prohibited. (HcD offers a guide on how landlords can ban smoking in rented apartments.) If a landlord intends to demolish a rental unit or building, California law requires that this intention be disclosed in the lease. They must provide the approximate date on which the demolition will take place and are not allowed to complete the demolition before that day, otherwise they will be fined $2500 plus damages.
The California Standard Residential Lease is structured around a term of one (1) year, during which the tenant is required by law to pay monthly rent to maintain his residence. It is strongly recommended that the landlord conduct a background check on each applicant (see the rental application), as information may be discovered that could influence the landlord`s decision on the new tenant`s admission. If the landlord agrees, they can usually charge a deposit to the new tenant. In the state of California, prospective tenants and citizens have access to information about the sex offender registry. To protect tenants, this right must be disclosed in each California lease in the form of the next specific statue. In California, if each unit does not have its own electricity meter, the owner must disclose this information in the lease. You must also provide and sign a mutual written agreement with the tenant on payment for the services. This agreement may include assuming the benefit shared by the landlord, installing a sub-metering system, sharing costs between several parties (if they are shared among the units), or other methods of determining a breakdown of utilities. .
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