A California month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a California Month-to-Month Rental Agreement
In California, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under California landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in California
California landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Shared Utilities Arrangement Disclosure – California rentals without their own utility meter must disclose this fact in the rental agreement. Such rentals must also execute an agreement between the landlord and tenant for payment of utility services.
- Sex Offender Registry Notice – Every California rental agreement must notify tenants about the “Megan’s Law” sex offender registry.
- Military Ordnance Disclosure – California requires a military ordnance disclosure as part of a rental agreement for any property that falls within one mile of military training grounds or ordnance storage.
- Death in a Rental Unit Disclosure – California landlords must disclose any deaths on the rental property other than deaths related to HIV or AIDS, which are protected by state statute.
- Mold Disclosure – Landlords must disclose any visible evidence of mold in the rental unit, in writing, with any initial inventory of the rental property.
- Pest Control Disclosure – In California, adjacent tenants and persons at risk of secondhand exposure must receive at least 24 hours of notice before a pesticide application on a rental property.
- Bed Bug Addendum – California rental agreements must include an addendum about the prevention and treatment of bed bugs.
- Flood Zone Disclosure – A California landlord with actual knowledge that a rental property resides in a flood zone, must disclose this fact to the tenant.
- Smoking Policy Disclosure – Landlords must specify restrictions on tobacco smoking in a disclosure agreed with the tenant as part of the lease or an addendum.
- Demolition Permit Disclosure – California landlords must disclose any intentions to demolish a rental unit or building and any applications for a demolition permit.
- Methamphetamine and Fentanyl Contamination Disclosure – Landlords must disclose any knowledge relating to methamphetamine or fentanyl manufacturing, storage, or use on rental property.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in California
California lets both a landlord terminate a month-to-month lease with at least 60 days of advance notice, and tenants may terminate with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
California requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a California Month-to-Month Lease
California requires that notice for a rental increase be delivered in writing, 30 days in advance for increases that total less than 10% across the past 12 months, 90 days in advance otherwise.
Eviction in California Month-to-Month Rentals
California tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in California typically take five to eight weeks.
For more information on the eviction process in California, click here.
Sources
- 1 Cal. Civ. Code § 1946.1(a) & (b)
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(a) Notwithstanding Section 1946 , a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945 , at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the tenancy, as provided in this section. (b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination. Source Link - 2 Cal. Civ. Code § 827(b)
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(b) (1) In all leases of a residential dwelling, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures:
(A) By delivering a copy to the tenant personally.
(B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure.
(2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 30 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
(3) (A) If the proposed rent increase for that tenant is greater than 10 percent of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 90 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
(B) If the proposed rent increase for that tenant is caused by a change in a tenant’s income or family composition as determined by a recertification required by statute or regulation, the notice shall be delivered at least 30 days before the effective date of the increase as described in paragraph (2), and subparagraph (A) of this paragraph shall not apply.
Source Link
