Residential Rental and Lease Agreements Should Always be in Writing!

 

Rental agreements in California do not need to be in writing in order to be enforceable.  Whether written or oral, the agreement must establish the identity of the parties, the rental amount, the method and manner of payment, the length of the tenancy, and a description of the property.

Even though the rental agreement in California need not be in writing in order to be valid, it is foolish for a landlord NOT to get the agreement in writing.  The following lists very important reasons why the rental agreement in California should always in be writing:

  1. A written rental agreement in California avoids (or minimizes) ambiguity.
  2. A written rental agreement in California reminds the landlord and tenant on what was agreed upon.
  3. A written rental agreement in California spells out the obligations, duties, and requirements of the landlord and the tenant, and the parties can refer back to the agreement if needed.
  4. Residential landlords may wish to include a provision prohibiting assigning or subleasing.
  5. To benefit from the damages provision when the tenant breaches the lease and abandons the property, the landlord must include this in the lease.
  6. The written rental agreement in California can include an attorney fee provision.
  7. A written residential agreement in California is much easier to prove the terms of the agreement than if it was an oral agreement.
  8. A written residential agreement in California can specify the purpose of the security deposit and how it is to be applied.
  9. The written residential agreement in California can include an indemnification clause for personal injury or property damage caused by the tenant.
  10. The written residential agreement in California can include a provision for options to renew the lease.
  11. The written residential agreement in California MUST be in writing if the term is for more than one year.
The Law Office of David Piotrowski can create a customized rental agreement for clients.

The Law Office of David Piotrowski represents clients throughout the eviction process in California.

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