California Month-to-Month Lease Agreement
This document outlines the rental law requirements as specified in the provided source material. It covers month-to-month tenancy laws, termination and rent increase notices, and required disclosures landlords must provide to prospective tenants.
California Month-to-Month Lease Agreement
Month-to-Month Laws
Termination Notice
A monthly tenancy may be terminated with a 30-day notice if the tenant has been in the unit for less than one year. For tenancies that exceed one year, a 60-day notice is required.
Rent Increase Notice
For a rent increase of 10% or less, landlords must provide a 30-day notice. For rent increases greater than 10%, a 90-day notice is required.
Required Disclosures
Landlords are required to provide the following disclosures to prospective tenants:
- AB 1482 Just Cause Addendum – Landlords must inform tenants if the property is exempt from just cause and rent increase laws.
- Bed Bug Disclosure – New tenants must receive information on preventing and managing bed bugs.
- Death on Premises – Tenants must be informed of any deaths that occurred in the unit, unless the death was more than three years prior or involved HIV/AIDS complications.
- Demolition – Prospective tenants must be notified if a landlord has applied for a permit to demolish the rental unit.
- Flood – New tenants must be informed if the rental unit is in a special flood hazard area.
- Just Cause – Landlords must provide tenants with information regarding rent increase limits and just cause requirements unless the property is exempt.
- Lead-Based Paint Disclosure – Required for dwellings built before 1978, this disclosure informs tenants of the presence of toxic paint.
- Megan’s Law – A notice must be included in every lease regarding the availability of information on registered sex offenders in the area.
- Methamphetamine Contamination – Prospective tenants must receive a notice if the property has been contaminated by methamphetamines.
- Ordnance Locations – Landlords must disclose if the rental unit is in a neighborhood that was previously used as a federal or state ordnance location.
- Pest Control – New tenants should receive a notice from a pest control company if periodic pest control services are applied to the property.
- Shared Utilities – Tenants must be informed of how utility costs will be divided if the property has shared gas or electrical meters.
- Smoking Policy – Lease agreements must specify where smoking is allowed and prohibited within the rental unit.
- Toxic Mold – New tenants should be notified in writing if there is reason to believe that mold exceeds permissible limits in the dwelling.
- Water Submeter Addendum – If landlords use submeters for water billing, they must provide an estimate of the bill and explain the billing process to prospective tenants.
Statutes
- Civ. Code §§ 1950.5(f) – [Operative 7/1/2024] Security for rental agreement
- Civ. Code §§ 1950.5 – Security Deposit Maximum, Non-Refundable Fees, Deadline for Returning Security Deposit
- Civ. Code §§ 1947 – Rent is Due
- Civ. Code §§ 1947.3(1-2) – Payment Methods
- Civ. Code §§ 827(b)(2-3) – Rent Increase Notice
- Civ. Code §§ 1950.6(b) – Application Fees
- Civ. Code §§ 1942(a) – Tenant Allowed to Repair and Deduct Rent
- Civ. Code §§ 1951.2 – Recovery by lessor upon breach of lease and abandonment of property by lessee
- Civ. Code §§ 1946 – Renewal of hiring for term not specified by parties
- Civ. Code §§ 1946.1 – Notice of intention terminate hiring for term not specified by parties
- Civ. Code §§ 1954a – Entry of dwelling by landlord
- Civ. Code §§ 1954b – Entry of dwelling by landlord
- Civ. Code §§ 789.3a – Acts by landlord with intent to terminate occupancy
- Civ. Code §§ 789.3b(1) – Acts by landlord with intent to terminate occupancy
- Civ. Code §§ 789.3d – Acts by landlord with intent to terminate occupancy
- Civ. Code §§ 1954.602 – Duty of landlord
- Civ. Code §§ 1962(4) – Obligations of owner or party signing rental agreement or lease on behalf of owner
- Civ. Code §§ 1940.9 – Disclosure that tenant’s gas and electric meter serves area outside tenant’s dwelling unit
- Civ. Code §§ 1950.6(b) – Application Fees
- Civ. Code §§ 1940.7 – Notice of actual knowledge of former federal or state ordnance locations in neighborhood area
- Civ. Code §§ 2079.10a – Notice as to database of person required to register as to sex offenders
- Civ. Code §§ 1940.8 – Copy of notice provided by registered structural pest control company
- Civ. Code §§ 1947.5 – Prohibition of smoking of cigarettes or other tobacco products
- Civ. Code §§ 1941.5 – Changing locks of protected tenant’s dwelling unit upon request of protected tenant
- Civ. Code §§ 1941.6 – Changing locks of protected tenant’s dwelling unit upon request of protected tenant
- Civ. Code §§ 1946.7(d) – Notice by victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse, and certain other crimes of intent to terminate
- Civ. Code §§ 1942.5 – Retaliation by lessor against lessee for exercising rights under chapter
- Civ. Code §§ 1965 – Generally
- Civ. Procedure Code §§ 1161.3 – Acts against tenant or tenant’s household member constituting domestic violence
- Civ. Procedure Code §§ 1161.3 – Acts against tenant or tenant’s household member constituting domestic violence
- Civ. Procedure Code §§ 1161(2) – [Operative 2/1/2025] When tenant for term less than life guilty of unlawful detainer
- Civ. Procedure Code §§ 1161(3) – [Operative 2/1/2025] When tenant for term less than life guilty of unlawful detainer
- Health & Safety Code §§ 26147 – Disclosure by residential landlords
- Business and Professional Code §§ 8538 – Written notice to owner and tenant of premises
FAQs
For a month-to-month rental agreement, a landlord must provide a 30-day notice if the tenant has been there for less than a year. If the tenant has been in the unit for longer than a year, a 60-day notice is required.
If the rent increase is 10% or less, the landlord must provide a 30-day notice. For increases greater than 10%, a 90-day notice is required.
Landlords must provide several disclosures to new tenants, including information about bed bugs, lead-based paint (for units built before 1978), and any deaths that occurred in the unit within the last three years, among others.
Under the Just Cause eviction laws, landlords must inform tenants about the limits on rent increases and the reasons for eviction unless the property is exempt. This information must be provided in writing as outlined in CIV Code § 1946.2(f)(3).
The Bed Bug Disclosure is important as it informs new tenants about preventing and managing bed bugs, ensuring they are aware of potential pest issues before moving in.
Yes, landlords must provide prospective tenants with a notice of a remediation order if the property has been contaminated by methamphetamines, ensuring tenants are aware of any health risks.
Landlords are required to inform new tenants if the property has shared gas or electrical meters, including how the utility costs will be divided among tenants.
The Smoking Policy disclosure outlines where smoking is prohibited and allowed within the rental unit, helping to maintain a safe and healthy living environment for all tenants.