California Month-to-Month Lease Agreement

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Last updated September 26th, 2022

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The California month-to-month lease agreement is a short-term rental contract that enables a landlord to rent out residential property on a monthly basis to a tenant. Although oral contracts are legally binding in the state of California, having a written document detailing all the conditions, obligations, and duties of the two (2) parties can be more secure.

Just like a standard 1-year lease agreement, the tenant is required to uphold the terms of the contract, such as paying rent on time, taking care of utility bills, keeping the premises clean and in good repair, and adhering to any specific rules established by the landlord. There are a number of reasons landlords and tenants may want to enter into a month-to-month lease agreement, one of them being that either party is allowed to terminate the arrangement without cause as long as they provide notice within the legal timeframe.

Notice for terminating (§ 1946 & § 1946.1) – Sixty (60) days for landlords, thirty (30) days for tenants

Tenant screening – California Rental Application

Disclosures (15)

  1. AB 1482 Just Cause Addendum
  2. Bedbug Disclosure
  3. Death on Premises
  4. Demolition
  5. Flood
  6. Just Cause
  7. Lead-Based Paint Disclosure
  8. Megan’s Law
  9. Methamphetamine Contamination
  10. Ordnance Locations
  11. Pest Control
  12. Shared Utilities
  13. Smoking Policy
  14. Toxic Mold
  15. Water Submeter Addendum

1) AB 1482 Just Cause Addendum

If the property is exempt from the just cause and rent increase laws, landlords must complete this form relaying this information to the tenant.

2) Bedbug Disclosure

Landlords are required to provide new tenants information regarding the prevention and management of bed bugs.

3) Death on Premises

Potential tenants must be informed of any deaths that occurred in the unit that they propose to rent. This rule doesn’t apply if the death was three (3) years before or if the person had HIV or died of related symptoms.

4) Demolition

If a landlord has applied for a permit to demolish a rental unit then prospective tenants must be made aware before signing a rental agreement.

5) Flood

New tenants must be informed if the rental unit is located in a special flood hazard area.

6) Just Cause

Unless the real property meets the requirements of § 1946.2(f)(3) of the Civil Code, the landlord is required to provide the following notification Tenant:

California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.

7) Lead-Based Paint Disclosure

This needs to be signed by all parties if the dwelling was built before 1978 to inform tenants of the presence of toxic paint.

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8) Megan’s Law

Every lease agreement must have specific language which states:

“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 www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which the offender resides.”

9) Methamphetamine Contamination

If the rental was contaminated with methamphetamines and is subject to remediation, then a copy of the remediation order must be given to new tenants.

10) Ordnance Locations

If the rental unit is located in a neighborhood that was once used as a federal or state ordnance location, then landlords must disclose this information to new tenants.

11) Pest Control

A notice from a pest control company should be given to new tenants if there are periodic pest control services done on the property.

12) Shared Utilities

If the property has any shared gas or electrical meters, new tenants must be informed of how the utility costs will be divided between tenants.

13) Smoking Policy

Every lease agreement must state where smoking is prohibited or allowed in the rental unit.

14) Toxic Mold

New tenants should be notified in writing if a landlord has cause to believe there is mold that exceeds the permissible limits in the dwelling.

15) Water Submeter Addendum

Landlords must alert potential tenants to the use of water submeters (if applicable) by filling out the California Association of Realtors’ (CAR) Form WSM and attaching it to the lease. The completed document will provide a billing estimate and an explanation of how billing will work.