A residential lease agreement in Bakersfield is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Residential Lease Agreement Requirements in Bakersfield
Bakersfield has no city-specific residential lease agreement requirements or disclosures. As such, landlords and tenants in Bakersfield follow California requirements for lease agreements.
Landlord-Tenant Rights and Regulations in Bakersfield
Bakersfield abides by State and Federal law when it comes to landlord-tenant rights and fair housing practices.
Optional Lease Agreement Disclosures and Addendums in Bakersfield
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Since California is listed as the #1 state for asbestos-related deaths, landlords should include an addendum stating if asbestos is present on the property. If asbestos is present, tenants should take precautions to minimize the chance of disturbing the asbestos fibers.
Crime and Drug-Free Addendum
Due to the high crime rates in Bakersfield, it would be in the landlord’s best interest to include an addendum stating that engaging in criminal activity, including drug-related activity, is prohibited on or near the property.
Fire Safety Disclosure
Due to California’s higher wildfire risk, landlords may want to include a fire safety disclosure in the lease agreement. This should provide information relating to smoke detectors, fire sprinklers, fire safety systems, alarms, and evacuation plans.
Summary of Required Lease Disclosures for the State of California
- Methamphetamine and Fentanyl Contamination – Landlords must disclose any known presence of methamphetamine and fentanyl in a rental agreement. For contaminated property, landlords must include a copy of any contamination-related notices. They must also inform prospective tenants in the rental agreement about ongoing remediation efforts before they sign the lease.
- Mold – Landlords must disclose any knowledge of mold on the property. This includes 1) any reason to believe there is toxic mold or 2) a high chance of mold forming. This disclosure is mandatory unless the mold was remediated to California safety guidelines.
- Sex Offender Registry Notice – Prospective tenants and citizens alike have access to information relating to the sex offender registry. This is known as Megan’s Law Disclosure and must be disclosed in every rental agreement.
- Demolition Permit – If a landlord has intentions to demolish a rental unit or building, or has applied for a demolition permit, they must disclose this in the rental agreement. The disclosure should state the approximate date on which demolition will occur.
- Military Ordnance – Landlords must provide a military ordnance disclosure for any property that falls within one mile of military training grounds or ordnance storage. This disclosure notifies the tenant that there is a possibility of live munitions near the rental unit.
- Death in a Rental Unit – Unless occurring due to HIV or AIDS, death in a California rental unit must be disclosed if it occurred within 3 years of the beginning of the lease agreement due to statutes on emotional defects in a property.
- Shared Utilities Arrangement – In California, when each unit does not have its own utility meter, the landlord must disclose this information in the rental agreement. They must also provide a mutual written agreement with the tenant for payment of services.
- Bed Bugs – Landlords must include a bed bug addendum in their rental agreements. This addendum provides information about preventing infestations and the proper protocol if one arises.
- Flood Zone – If the landlord has knowledge of the rental property residing in a flood zone, they must disclose this information to the tenant in the rental agreement.
- Smoking Policy – If a landlord wishes to prohibit smoking tobacco in any part of the rental property, they must disclose specifically where smoking is prohibited.
- Lead-Based Paint – It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints.