Free California Month to month Lease Agreement Form

Updated:

A California month to month rental agreement is a lease renewed monthly. Cal. Civ. Code § 1946.1(b) requires 60 days' owner notice if the tenant resided a year or more. Landlords and tenants use it when neither side wants a fixed end date.

Key facts

  • The agreement renews each month until the landlord or the tenant ends it with proper notice.
  • An owner's notice to end it runs 60 days if the tenant has resided in the dwelling one year or more, and 30 days if less than one year (Cal. Civ. Code § 1946.1(b) and (c)).
  • The security deposit is capped at one month's rent, or two months' rent only if the landlord meets both small landlord requirements of Cal. Civ. Code § 1950.5.
  • A rent increase of 10 percent or less needs 30 days' written notice, and one over 10 percent needs 90 days, when counted over the 12 months before it takes effect (Cal. Civ. Code § 827(b)(2) and (b)(3)(A)).
  • The form shown here is C.A.R. Form LR, revised 10/01: its preprinted notice line, entry notice line and deposit footnote, among other lines, differ from the rules above.
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What a California Month to Month Rental Agreement Is

A California month to month rental agreement is a periodic tenancy that rents a home one month at a time, with rent due each month and no end date, until the landlord or the tenant ends it with notice.

The agreement differs from a fixed-term rental agreement, which ends on a date written into the contract. Paragraph 2 of the form holds both choices: box A for a month to month tenancy, box B for a lease with an end date and time. Other leases for this state are listed under California rental lease agreement forms.

When a Lease Turns Into a Month to Month Tenancy

Paragraph 2B of the form turns a holdover into a month to month tenancy: when the tenant stays after the lease term ends with the landlord's consent, the tenancy continues month to month. The rent stays at the rate of the month before, unless the landlord gives other notice, and every other term of the agreement stays in force. This is a term of the form, not a statement of California law.

What the Agreement Includes

The agreement records these terms:

  • The landlord, the tenants and the address of the premises.
  • The monthly rent, the due day and the accepted payment methods.
  • The security deposit and the move-in costs table.
  • Parking, storage and the late charge.
  • Utilities, occupants, pets and house rules.
  • Keys, locks, addresses and other terms.
  • Signatures for all tenants, the landlord and any broker.

The C.A.R. Residential Lease or Month-to-Month Rental Agreement

The form on this page is the Residential Lease or Month-to-Month Rental Agreement of the California Association of REALTORS® (C.A.R.), Form LR, revised 10/01: one four-page form for both a lease and a month to month tenancy.

Page 1 prints the association's copyright line for 1994 to 2001 and the code LR-11. The preview below reproduces the text of all four pages. A search for the association's Form RLMM lands on a different form code: this page reproduces Form LR only.

Preprinted Lines to Check Against California Law

At least three preprinted lines of Form LR differ from current Civil Code rules, so the parties check them before anyone signs. The list below is not complete.

  • Paragraph 2A gives either party one notice period to end the tenancy. Under Cal. Civ. Code § 1946.1(b), an owner gives at least 60 days' notice if the tenant has resided in the dwelling one year or more.
  • The footnote to paragraph 5 prints a deposit maximum of two or three months' rent. Cal. Civ. Code § 1950.5 limits the deposit to one month's rent, or to two months' rent only if the landlord meets both small landlord requirements.
  • Paragraph 19 accepts 24 hours' notice of entry, oral or written, and names no hour of entry. Cal. Civ. Code § 1954 presumes 24 hours reasonable only where the landlord gives reasonable written notice and enters during normal business hours.

Paragraph 37 prints the data base disclosure of this older edition, including a telephone service it names. The parties compare that paragraph, and any disclosure added since the form was printed, with the current official text before signing.

Paragraph 38 holds space for other terms and lists any attached supplements.

Notice to End a Month to Month Lease in California

A notice to end a California month to month tenancy has a minimum length set by Cal. Civ. Code § 1946.1, and the length depends on who gives notice and, when the owner gives it, how long the tenant has resided in the dwelling. Cal. Civ. Code § 1946.1 sets only the notice period; it does not decide whether an owner may end the tenancy, and other California statutes and local ordinances can limit that.

Who gives noticeWhenMinimum noticeSource
OwnerIf the tenant has resided in the dwelling one year or more60 days before the proposed date of terminationCal. Civ. Code § 1946.1(b)
OwnerIf the tenant has resided in the dwelling less than one year30 days before the proposed date of terminationCal. Civ. Code § 1946.1(c)
TenantWhen the tenant ends the tenancyA period at least as long as the term of the periodic tenancyCal. Civ. Code § 1946.1
Count notice days back from the date the lease should end, not forward from the day you write the notice. The deadline calculator counts the days for you.

The notice is a separate document from the lease. Notice templates for this state are under California eviction notice forms.

Rent Increase Notice on a Month to Month Lease

A rent increase on a month to month lease takes effect only after written notice to the tenant, and Cal. Civ. Code § 827(b) sets the notice length by the size of the increase over the 12 months before it takes effect.

Size of the increaseMinimum noticeSource
If 10 percent or less of the rent charged at any time in the 12 months before the effective date, alone or combined with other increases in those 12 months30 days before the effective dateCal. Civ. Code § 827(b)(2)
If more than 10 percent of the rent charged at any time in the 12 months before the effective date, alone or combined with other increases in those 12 months90 days before the effective dateCal. Civ. Code § 827(b)(3)(A)

When the notice is served by mail, both periods are subject to Section 1013 of the Code of Civil Procedure (Cal. Civ. Code § 827(b)).

A rent increase notice and a notice to end the tenancy are different documents. Date each one so the delivery date can be shown.

California Security Deposit Limits

A California security deposit is limited by Cal. Civ. Code § 1950.5 to one month's rent, in addition to any rent for the first month paid on or before initial occupancy, unless the landlord qualifies as a small landlord.

Two Months' Rent for a Small Landlord

A small landlord may collect up to two months' rent, in addition to the first month's rent, only if the landlord meets both small landlord requirements of Cal. Civ. Code § 1950.5. Every other landlord is held to the one month limit.

The deposit amount goes on the line in paragraph 4 and in the move-in costs table of paragraph 5; enter an amount within the limit, not the figure in the form's footnote.

Move-In and Move-Out Photographs and Inspection

The deposit statute, Cal. Civ. Code § 1950.5, has the landlord take photographs of the unit immediately before, or at the inception of, the tenancy when the tenancy begins on or after July 1, 2025.

At move-out, Cal. Civ. Code § 1950.5 sets this order:

  1. Request an initial inspection: the landlord makes one upon the tenant's request, at a reasonable time, but no earlier than two weeks before the termination or the end of lease date.
  2. Give notice of the time: the landlord gives at least 48 hours' prior written notice of the date and time of the inspection if a mutual time is agreed, or if no mutual time can be scheduled but the tenant still wishes an inspection (Cal. Civ. Code § 1950.5).
  3. Photograph the returned unit: beginning April 1, 2025, the landlord takes photographs within a reasonable time after possession is returned and before any repairs or cleaning to be deducted from the deposit.
  4. Photograph the finished work: the landlord takes photographs again within a reasonable time after those repairs or cleanings are completed.

Returning the Security Deposit

The remaining deposit goes back to the tenant no later than 21 calendar days after the tenant has vacated the premises, with an itemized statement of the security received and its disposition (Cal. Civ. Code § 1950.5).

Cal. Civ. Code § 1950.5 adds one rule for when the landlord makes deductions: if the deductions for repairs and cleaning together do not exceed $125, the landlord need not meet the statute's documentation requirements for them.

Keep the move-in photographs, the move-out photographs and any repair receipts together in one folder. They are the record you will rely on if the deposit is ever disputed.

Landlord Entry and the 24-Hour Notice

Landlord entry into a California rental needs reasonable written notice, and Cal. Civ. Code § 1954 presumes 24 hours' notice reasonable where the landlord enters during normal business hours, in absence of evidence to the contrary.

No notice of entry is required under Cal. Civ. Code § 1954 when the landlord enters to respond to an emergency.

Form Preview

The preview below reproduces the text of Form LR, all four pages. Read every paragraph before filling in the blanks.

RESIDENTIAL LEASE OR

MONTH-TO-MONTH RENTAL AGREEMENT

(C.A.R. Form LR, Revised 10/01)

 

 

 

 

,

 

 

("Landlord") and

 

 

 

 

,

 

 

("Tenant") agree as follows:

1.

PROPERTY:

 

 

, ,

 

 

 

A. Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as:

 

 

 

 

 

 

 

 

 

 

 

("Premises").

 

B. The following personal property is included:

 

 

 

 

 

 

2.

TERM: The term begins on (date)

 

 

("Commencement Date"), (Check A or B):

 

 

 

 

A. Month-to-month: and continues as a month-to-month tenancy. Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to any applicable local laws. Such notice may be given on any date.

B. Lease: and shall terminate on (date)

 

at

 

AM

PM.

Any holding over after the term of this Agreement expires, with Landlord's consent, shall create a month-to-month tenancy which either party

 

may terminate as specified in paragraph 2A. Rent shall be at a rate equal to the rent for the immediately preceding month, unless otherwise

 

notified by Landlord, payable in advance. All other terms and conditions of this Agreement shall remain in full force and effect.

3. RENT:

 

A.

Tenant agrees to pay rent at the rate of $

per month for the term of the Agreement.

B.

Rent is payable in advance on the 1st (or

) day of each calendar month, and is delinquent on the next day.

C.If Commencement Date falls on any day other than the first day of the month, rent shall be prorated based on a 30-day period. If Tenant has paid one full month's rent in advance of Commencement Date, rent for the second calendar month shall be prorated based on a 30-day period.

D.

PAYMENT: The rent shall be paid by cash,

personal check, money order,

cashier check,

other

 

 

 

, to

 

(name)

f

 

 

 

 

 

 

(phone)

 

 

 

 

 

 

at

 

(address)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

,

 

(or at any other location specified by Landlord in writing to Tenant) between the hours of

 

 

 

 

 

and

 

 

 

 

on the following days

 

 

 

 

 

 

 

 

 

 

 

 

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4. SECURITY DEPOSIT:

 

 

as a security deposit. Security deposit will be transferred to and held by the Owner

A.

Tenant agrees to pay $

 

 

 

of the Premises; or

held in Owner's Broker's trust account.

 

 

 

 

 

 

 

 

 

 

 

B.All or any portion of the security deposit may be used, as reasonably necessary, to: (1) cure Tenant's default in payment of rent, Late Charges, non-sufficient funds ("NSF") fees, or other sums due; (2) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (3) clean Premises, if necessary, upon termination of tenancy; and (4) replace or return personal property or appurtenances. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within five days after written notice is delivered to Tenant. Within three weeks after Tenant vacates the Premises, Landlord shall: (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition; and (2) return any remaining portion of security deposit to Tenant.

C.No interest will be paid on security deposit unless required by local ordinance.

D.If security deposit is held by Owner, Tenant agrees not to hold Broker responsible for its return. If security deposit is held in Owner's Broker's trust account, and Broker's authority is terminated before expiration of this Agreement, and security deposits are released to someone other than Tenant, then Broker shall notify Tenant, in writing, where and to whom security deposit has been released. Once Tenant has been provided such notice, Tenant agrees not to hold Broker responsible for security deposit.

5.MOVE-IN COSTS RECEIVED/DUE:

Category

Total Due

Payment Received

Balance Due

Date Due

Rent from

to(date)

*Security Deposit

Other

Other

Total

*The maximum amount that Landlord may receive as security deposit, however designated, cannot exceed two month's rent for an unfurnished Premises, or three month's rent for a furnished premises.

6.PARKING: (Check A or B)

A. Parking is permitted as follows:

 

The right to parking

is,

is not, included in the rent charged pursuant to paragraph 3. If not included in the rent, the parking rental fee

 

shall be an additional $

 

 

per month. Parking space(s) are to be used for parking operable motor vehicles, except for

 

trailers, boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be

 

kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked on the Premises. Mechanical work or storage of

 

inoperable vehicles is not allowed in parking space(s) or elsewhere on the Premises.

OR

B. Parking is not permitted on the Premises.

The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright © 1994-2001, CALIFORNIA ASSOCIATION OF REALTORS®,

INC. ALL RIGHTS RESERVED.

LR-11 REVISED DATE 10/01 (PAGE 1 OF 4)

Landlord and Tenant acknowledge receipt of copy of this page. Landlord's Initials (_________) (_________)

Tenant's Initials (_________) (_________)

Reviewed by

Date

Broker or Designee

RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR-11 PAGE 1 OF 4)

CENTURY 21 Alpha

5504 Monterey Road

, San Jose

CA 95138

Phone: 408-281-2121

Fax: 408-362-9686

Wing Liew

T6750924.ZFX

prior to the Commencement Date, or):
remote control device(s) for garage door/gate opener(s),
,
.

Premises:

, ,

Date:

7.STORAGE: (Check A or B)

A. Storage is permitted as follows:

The right to storage space is, is not, included in the rent charged pursuant to paragraph 3. If not included in rent, storage space

shall be an additional $per month. Tenant shall store only personal property that Tenant owns, and shall not store property that is claimed by another or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other inherently dangerous material.

OR B. Storage is not permitted on the Premises.

8.LATE CHARGE/NSF CHECKS: Tenant acknowledges that either late payment of rent or issuance of a NSF check may cause Landlord to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to,

processing, enforcement and accounting

expenses, and late charges imposed on Landlord. If any installment of rent due from

Tenant is not received by Landlord within 5 (or

 

 

 

) calendar days after date due, or if a check is returned NSF, Tenant shall pay to

Landlord, respectively, an additional sum of $

 

 

 

as Late Charge and $25.00 as a NSF fee, either or both of which shall be deemed

additional rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of rent. Landlord's acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date rent is due under paragraph 3, or prevent Landlord from exercising any other rights and remedies under this Agreement, and as provided by law.

9.CONDITION OF PREMISES: Tenant has examined Premises, all furniture, furnishings, appliances, landscaping, if any, and fixtures, including smoke detector(s).

(Check one:)

A. Tenant acknowledges that these items are clean and in operative condition, with the following exceptions

OR

B. Tenant's acknowledgment of the condition of these items is contained in an attached statement of condition (such as C.A.R.'s MIMO-11).

OR

C. Tenant will provide Landlord a list of items that are damaged or not in operable condition within 3 (or

 

) days after

OR

Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the Premises.

 

D. Other:

 

 

10.NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy him or herself as to neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, registered felons or offenders, fire protection, other governmental services, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.

11.UTILITIES: Tenant agrees to pay for all utilities and services, and the following charges:

except, which shall be paid for by Landlord. If any utilities

are not separately metered, Tenant shall pay Tenant's proportional share, as reasonably determined by Landlord.

12.OCCUPANTS: The Premises are for the sole use as a personal residence by the following named persons only:

13.PETS: No animal or pet shall be kept on or about the Premises without Landlord's prior written consent, except

14.RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord, which are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger, or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises.

15.CONDOMINIUM/PLANNED UNIT DEVELOPMENT: (If checked) The Premises is a unit in a condominium, planned unit, or other development

governed by a homeowners' association ("HOA"). The name of the HOA is.

Tenant agrees to comply with all covenants, conditions and restrictions, bylaws, rules and regulations and decisions of HOA. Landlord shall provide Tenant copies of rules and regulations, if any. Tenant shall reimburse Landlord for any fines or charges imposed by HOA or other authorities, due to any violation by Tenant, or the guests or licensees of Tenant.

16.MAINTENANCE:

A.Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings, and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Tenant shall immediately notify Landlord, in writing, of any problem, malfunction or damage. Tenant shall pay for all repairs or replacements caused by Tenant, or guests of Tenant, excluding ordinary wear and tear. Tenant shall pay for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant shall pay for repair

 

of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.

B.

Landlord

Tenant shall water the garden, landscaping, trees and shrubs, except

 

 

 

 

 

C.

Landlord

Tenant shall maintain the garden, landscaping, trees and shrubs, except

 

17.ALTERATIONS: Tenant shall not make any alterations in or about the Premises without Landlord's prior written consent, including: painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials.

18.KEYS/LOCKS:

A. Tenant acknowledges receipt of (or Tenant will receive

key(s) to Premises,

key(s) to mailbox, key(s) to common area(s),

B.Tenant acknowledges that locks to the Premises have, have not, been rekeyed.

C.If Tenant rekeys existing locks or opening devices, Tenant shall immediately deliver copies of all keys to Landlord. Tenant shall pay all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by Tenant.

The copyright laws of the United States (Title 17 U.S. Code) forbid the

Landlord and Tenant acknowledge receipt of copy of this page.

unauthorized reproduction of this form, or any portion thereof, by photocopy

Landlord's Initials (_________) (_________)

machine or any other means, including facsimile or computerized formats.

Tenant's Initials (_________) (_________)

Copyright © 1994-2001, CALIFORNIA ASSOCIATION OF REALTORS®,

INC. ALL RIGHTS RESERVED.

Reviewed by

 

 

 

 

 

LR-11 REVISED DATE 10/01 (PAGE 2 of 4)

Broker or Designee

 

Date

 

 

 

 

 

RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR-11 PAGE 2 OF 4)

T6750924.ZFX

Premises:

, ,

Date:

19.ENTRY: Tenant shall make Premises available to Landlord or representative for the purpose of entering to make necessary or agreed repairs, decorations, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that twenty-four (24) hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or representative may enter Premises at any time without prior notice.

20.SIGNS: Tenant authorizes Landlord to place For Sale/Lease signs on the Premises.

21.ASSIGNMENT/SUBLETTING: Tenant shall not sublet all or any part of Premises, or assign or transfer this Agreement or any interest in it, without prior written consent of Landlord. Unless such consent is obtained, any assignment, transfer or subletting of Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and at the option of Landlord, terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Landlord an application and credit information for Landlord's approval, and if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one assignment, transfer or sublease, shall not be construed as consent to any subsequent assignment, transfer or sublease and does not release Tenant of Tenant's obligation under this Agreement.

22. LEAD PAINT (CHECK IF APPLICABLE): Premises was constructed prior to 1978. In accordance with federal law, Landlord gives and Tenant acknowledges receipt of the disclosures on the attached form (such as C.A.R. Form FLD-11) and a federally approved lead pamphlet.

23.POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date, such Date shall be extended to date on which

possession is made available to Tenant. If Landlord is unable to deliver possession within 5 (or

 

) calendar days after agreed

Commencement Date, Tenant may terminate this Agreement by giving written notice to Landlord, and shall be refunded all rent and security deposit paid.

24.TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of Agreement, Tenant shall: (a) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (b) vacate Premises and surrender it to Landlord empty of all persons; (c) vacate any/all parking and/or storage space; (d) deliver Premises to Landlord in the same condition as referenced in paragraph 9; (e) clean Premises, including professional cleaning of carpet and drapes; (f) give written notice to Landlord of Tenant's forwarding address; and (g)

.

All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination.

25.BREACH OF CONTRACT/EARLY TERMINATION: In addition to any obligations established by paragraph 24, in event of termination by Tenant prior to completion of the original term of Agreement, Tenant shall also be responsible for lost rent, rental commissions, advertising expenses and painting costs necessary to ready Premises for rerental.

26.TEMPORARY RELOCATION: Tenant agrees, upon demand of Landlord, to temporarily vacate Premises for a reasonable period, to allow for fumigation, or other methods, to control wood destroying pests or organisms, or other repairs to Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables. Tenant shall only be entitled to a credit of rent equal to the per diem rent for the period of time Tenant is required to vacate Premises.

27.DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, which render Premises uninhabitable, either Landlord or Tenant may terminate Agreement by giving the other written notice. Rent shall be abated as of date of damage. The abated amount shall be the current monthly rent prorated on a 30-day basis. If Agreement is not terminated, Landlord shall promptly repair the damage, and rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of termination, and no reduction in rent shall be made.

28.INSURANCE: Tenant's or guest's personal property and vehicles are not insured by Landlord or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is to carry Tenant's own insurance (renter's insurance) to protect Tenant from any such loss.

29.WATERBEDS: Tenant shall not use or have waterbeds on the Premises unless: (a) Tenant obtains a valid waterbed insurance policy; (b) Tenant increases the security deposit in an amount equal to one-half of one month's rent; and (c) the bed conforms to the floor load capacity of Premises.

30.WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.

31.NOTICE: Notices may be served at the following address, or at any other location subsequently designated:

Landlord:

Tenant:

 

 

 

 

 

 

 

 

 

 

32.TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within 3 days after its receipt. The tenant estoppel certificate acknowledges that this Agreement is unmodified and in full force, or in full force as modified, and states the modifications. Failure to comply with this requirement shall be deemed Tenant's acknowledgment that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.

33.JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant, and individually, whether or not in possession.

34. MILITARY ORDINANCE DISCLOSURE: (If applicable and known to Landlord) Premises is located within one mile of an area once used for military training, and may contain potentially explosive munitions.

35.TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this Agreement. Landlord may cancel this Agreement: (a) before occupancy begins; (b) upon disapproval of the credit report(s); or (c) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of payment and other obligations under this Agreement.

36.If Landlord has entered into a contract for periodic pest control treatment of the Premises, Landlord shall give tenant a copy of the notice originally given to Landlord by the pest control company.

The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright © 1994-2001, CALIFORNIA ASSOCIATION OF REALTORS®,

INC. ALL RIGHTS RESERVED.

LR-11 REVISED DATE 10/01 (PAGE 3 OF 4)

Landlord and Tenant acknowledge receipt of copy of this page. Landlord's Initials (_________) (_________)

Tenant's Initials (_________) (_________)

Reviewed by

 

Broker or Designee

Date

RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR-11 PAGE 3 OF 4)

T6750924.ZFX

Premises:

, ,

Date:

37.DATA BASE DISCLOSURE: NOTICE: The California Department of Justice, sheriff's departments, police departments serving jurisdictions of 200,000 or more, and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The data base is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a "900" telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the "900" telephone service.

38.OTHER TERMS AND CONDITIONS/SUPPLEMENTS:

The following ATTACHED supplements are incorporated in this Agreement:

39.ATTORNEY FEES: In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs.

40.ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement.

41.AGENCY:

A.Confirmation: The following agency relationship(s) are hereby confirmed for this transaction:

Listing Agent: (Print firm name)

 

 

 

 

is the agent of

(check one):

the Landlord exclusively; or

both the Landlord and Tenant.

 

 

 

Leasing Agent: (Print firm name)

 

 

 

(if not same as Listing Agent) is the agent of

(check one):

the Tenant exclusively; or

the Landlord exclusively; or

both the Tenant and Landlord.

B.Disclosure: (If checked): The term of this lease exceeds one year. A disclosure regarding real estate agency relationships (such as C.A.R. form AD-11), has been provided to Landlord and Tenant, who each acknowledge its receipt.

42.

INTERPRETER/TRANSLATOR: The

terms of this Agreement have been interpreted/translated for Tenant into the

following language:

 

 

 

 

. Interpretation/translation service has been provided by (print name)

 

 

 

 

 

 

, who has the following Driver's License or other identification number:

 

 

.

 

Tenant has been advised to rely on, and has in fact solely relied on the interpretation/translation services of the above-named individual, and not on

 

the Landlord or other person involved in negotiating the Agreement. If the Agreement has been negotiated primarily in Spanish, Tenant has been

 

provided a Spanish language translation of this Agreement pursuant to the California Civil Code. (C.A.R. form LR-14-S fulfills this requirement.)

 

Signature of interpreter/translator

 

 

 

 

Date

 

 

 

Landlord and Tenant acknowledge and agree that Brokers: (a) do not guarantee the condition of the Premises; (b) cannot verify representations made by others; (c) cannot provide legal or tax advice; (d) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this Agreement, Brokers; (e) do not decide what rental rate a Tenant should pay or Landlord should accept; and (f) do not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance and other desired assistance from appropriate professionals.

Tenant

 

 

 

Date

 

 

 

 

 

 

Tenant

 

 

 

Date

 

 

Landlord

 

 

 

Date

 

 

(Owner or Agent with authority to enter into this lease)

 

 

 

 

 

 

Landlord

 

 

 

Date

 

 

(Owner or Agent with authority to enter into this lease)

 

 

 

 

 

 

Landlord Address

Telephone

 

 

,

Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this Agreement are not a party to the Agreement between Landlord and Tenant.

Real Estate Broker

 

By

 

 

Date

(Leasing Firm Name)

 

 

 

 

Address

 

Telephone

 

Fax

Real Estate Broker

 

By

 

 

Date

(Listing Firm Name)

 

 

 

 

Address

 

Telephone

 

Fax

THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.

This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.

RI Published and Distributed by:

E

N REAL ESTATE BUSINESS SERVICES, INC.

B

 

a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS®

S

 

C

 

 

525 South Virgil Avenue, Los Angeles, California 90020

 

 

LR-11 REVISED DATE 10/01 (PAGE 4 OF 4)

Reviewed by

Broker or Designee

 

Date

RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR-11 PAGE 4 OF 4)

T6750924.ZFX

How to Fill Out the California Month to Month Rental Agreement

The California month to month rental agreement has fifteen parts to complete, in the order of the printed pages, from the top of page 1 to the bottom of page 4.

The screenshots under each step show the FormsPal California month-to-month lease agreement template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Enter the names, premises and term (paragraphs 1 and 2). Enter the Landlord and Tenant names and the address of the Premises, list any personal property included, then enter the start date. Check A for a month to month tenancy, or check B and enter the end date and time for a fixed-term lease.
    California month-to-month lease agreement: MONTH-TO-MONTH RENTAL AGREEMENT, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Set the rent and security deposit (paragraphs 3 and 4). Enter the monthly rent, the due day, the payment methods and where and when rent is paid. Then enter the security deposit amount and check whether it is held by the Owner or in the Owner Broker trust account.
    California month-to-month lease agreement: RENT, filled with sample entries
    Step 2: sample entries, not a real document.
  3. Complete the move-in costs table (paragraph 5). In the table, fill each row (rent period, security deposit, other, total) with the total due, payment received, balance due and date due.
    California month-to-month lease agreement: MOVE-IN COSTS RECEIVED/DUE, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Choose the parking terms (paragraph 6) and initial page 1. Check A to allow parking or B for none. For A, describe the parking, check whether it is included in the rent and enter any extra monthly fee. Landlord and Tenant then initial at the foot of the page.
    California month-to-month lease agreement: Parking is permitted as follows, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Set storage and the late charge (paragraphs 7 and 8). Check A or B for storage, and for A describe it and any extra monthly fee. In paragraph 8 enter the grace days (5 or another number) and the late charge amount. The NSF fee is preprinted.
    California month-to-month lease agreement: Premises, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Record condition, utilities, occupants, pets and rules (paragraphs 9 to 14). In paragraph 9 check one option for the condition of the Premises and list any exceptions. List utilities and charges (and any the Landlord pays) in paragraph 11, the named occupants in 12, any pet exceptions in 13, and any rules in 14.
    California month-to-month lease agreement: Other, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Mark the HOA and garden duties (paragraphs 15 and 16). Check paragraph 15 and enter the HOA name if the Premises is in a governed development. In paragraph 16 check Landlord or Tenant for watering and for maintaining the garden, landscaping, trees and shrubs, and note any exceptions.
    California month-to-month lease agreement: 15. CONDOMINIUM/PLANNED UNIT DEVELOPMENT, filled with sample entries
    Step 7: sample entries, not a real document.
  8. Count the keys and locks (paragraph 18) and initial page 2. Enter the number of keys, garage remotes and other devices handed over, and check whether the locks have or have not been rekeyed. Landlord and Tenant then initial at the foot of the page.
    California month-to-month lease agreement: ), filled with sample entries
    Step 8: sample entries, not a real document.
  9. Fill the broker review line only if it applies (page 2). This is the Reviewed by line for a broker or designee, with its date. Fill it only if a broker or designee reviewed the agreement.
    California month-to-month lease agreement: INC. ALL RIGHTS RESERVED, filled with sample entries
    Step 9: sample entries, not a real document.
  10. Complete subletting, possession and move-out (paragraphs 21, 23, 24). Check the box in paragraph 21 if it applies, enter the number of days in paragraph 23 (the form shows 5, or another number), and add any extra move-out obligation in item (g) of paragraph 24.
    California month-to-month lease agreement: Premises, filled with sample entries
    Step 10: sample entries, not a real document.
  11. Enter the addresses, estoppel and joint obligations (paragraphs 31 to 33). Enter the Landlord and Tenant addresses in paragraph 31, the name lines for paragraph 32, and check the box in paragraph 33 if more than one Tenant signs. Landlord and Tenant then initial at the foot of the page.
    California month-to-month lease agreement: Landlord, filled with sample entries
    Step 11: sample entries, not a real document.
  12. Add other terms and agency (paragraphs 38 and 41). Write any other terms and list attached supplements in paragraph 38. In paragraph 41A enter the listing and leasing firm names and check whom each agent represents.
    California month-to-month lease agreement: Date, filled with sample entries
    Step 12: sample entries, not a real document.
  13. Check the agency box and interpreter lines (paragraphs 41B and 42). Check 41B if the lease term exceeds one year. In paragraph 42, complete the language, interpreter name, identification number, signature and date only if the terms were interpreted or translated for the Tenant.
    California month-to-month lease agreement: B. Disclosure, filled with sample entries
    Step 13: sample entries, not a real document.
  14. Sign and add the broker blocks (page 4). Each Tenant and Landlord (owner or agent with authority) signs and dates on their line. Add the Landlord address and phone, and the broker firm blocks if brokers are involved.
    California month-to-month lease agreement: Date, Tenant and more, filled with sample entries
    Step 14: sample entries, not a real document.
  15. Complete the final broker review line only if it applies (page 4). Complete this final Reviewed by line and date only if a broker or designee reviewed the agreement.
    California month-to-month lease agreement: REAL ESTATE BUSINESS SERVICES, INC, filled with sample entries
    Step 15: sample entries, not a real document.

How to Sign and Deliver the Agreement

The agreement is complete once the landlord and every tenant sign and date page 4, and each party keeps a full copy.

  1. Review the finished lease. Read every paragraph together before anyone signs, and fix any blank that was missed.
  2. Sign and date. Each tenant and the landlord sign and date on the lines on page 4.
  3. Copy the signed lease. Make a complete copy for every party, including all four pages.
  4. Keep your copy safe. Store the signed lease with the move-in photographs and the receipt for the deposit.
  5. Deliver the tenant's copy. Hand each tenant a signed copy before move-in day and note when you did.

Lease Form Details

The table lists the form's name, its other names, its edition, the Civil Code sections this page covers, the fill time and the file format.

Document Name California Month to Month Lease Agreement Form
Other Names CA Monthly Lease Agreement, California Month to Month Rental Agreement, C.A.R. Residential Lease or Month-to-Month Rental Agreement
Edition C.A.R. Form LR (LR-11), revised 10/01
Relevant Laws California Civil Code, Sections 827, 1946.1, 1946.5, 1950.5 and 1954
Avg. Time to Fill Out 20 minutes
# of Fillable Fields 193
Available Formats Adobe PDF
Template Preview
Create a free high quality California Monthly Lease Agreement online now!

Frequently Asked Questions

Can you charge a 2 month security deposit in California?

Only a small landlord can: a landlord who meets both small landlord requirements of Cal. Civ. Code § 1950.5 may collect up to two months' rent, in addition to any rent for the first month paid on or before initial occupancy. Every other landlord is limited to one month's rent.

Can a California lease call the security deposit nonrefundable?

No. Under Cal. Civ. Code § 1950.5, a lease or rental agreement shall not contain a provision characterizing any security as nonrefundable.

What happens if a landlord keeps the deposit in bad faith?

A bad faith claim or retention of the deposit may subject the landlord to statutory damages of up to twice the amount of the security, in addition to actual damages, under Cal. Civ. Code § 1950.5.

Does renting a room in the owner's home follow the same notice rules?

A room rental follows its own section when a single lodger rents a room on a periodic basis in a dwelling the owner occupies: either party ends the hiring by written notice given as long before the end of the term as Section 1946 specifies (Cal. Civ. Code § 1946.5). When that notice period runs out, the lodger's right to remain ends by operation of law (Cal. Civ. Code § 1946.5). The section applies only to owner-occupied dwellings where a single lodger resides.

Is Form LR the same as C.A.R. Form RLMM?

No. This page reproduces C.A.R. Form LR, revised 10/01; Form RLMM is a different form code, and this page does not show it.

General information, not legal or tax advice.

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Sources

Unless noted otherwise, the sources below are from the California Civil Code, published by the California Legislative Information.

  1. California Civil Code § 827(b)(2) and (b)(3)(A)
  2. California Civil Code §§ 1946.1 to 1954
    • 2.1 Cal. Civ. Code § 1946.1(b), an owner's notice when the tenant has resided one year or more
    • 2.2 Cal. Civ. Code § 1946.1(c), an owner's notice when the tenant has resided less than one year
    • 2.3 Cal. Civ. Code § 1954, entry notice where the landlord enters during normal business hours
  3. California Civil Code § 1950.5
  4. California Civil Code § 1946.5, which applies only where a single lodger resides
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.