Your lease should reflect whether you allow smoking and pets, and it should also notify tenants about what is and isn’t allowed in the home or the common areas. You should also include language that requires the landlord to provide a specific notice period before entering the home. Your lease can prohibit excessive noise, illegal activity, and other disruptions to the neighborhood.
Lease Agreements & Your San Diego Rental Property
Onyx • January 23, 2023
A solid lease agreement is important because it protects you and your property. It also protects your tenant. A well-crafted lease will document expectations and responsibilities of you and your resident during the lease period.
When you’re putting together a lease, always use one that is specific to California. Downloading any template you find on the internet is a bad idea because it does not necessarily reflect the requirements of this state. Talk to a San Diego property manager before you begin using a lease agreement, or have yours approved by an attorney who specializes in landlord and tenant law.
While you may customize your lease to the property it applies to, there are a few things that you absolutely must include in your San Diego lease agreement to be legally compliant.
Names and Contact Information for Tenants and Owners
Every adult 18 years of age and older who resides at the property should be included as a tenant on the lease agreement. Include their full names and identifying information, such as a social security number and driver’s license number. Residents under 18 years of age are not legally responsible for rent, but they should still be included in the lease, so you know how many people are occupying the unit.
The lease should specifically state that occupancy is limited to the parties listed on the lease. You don’t want any long-term visitors in your property who have not been screened.
Identify the Lease Term for San Diego Rental Properties
Rent Collection and Security Deposits
Your lease agreement should include a rent collection policy, which should reflect:
- How much rent is due every month
- Whether there is a grace period for payment of the rent
- In what form rent can be paid (check, online or other)
- Consequences or penalties for late payments, such as late fees and eviction
The lease agreement should reflect the amount of the security deposit collected and how it will be used. When signing the lease, it is a good time to tell tenants what will be required in order to get their full security deposit refunded. When it’s in writing, they’ll be able to refer to those instructions before moving out.
All California lease agreements must include language that identifies the property as being subject to rent control laws or exempt.
Landlord and Tenant Maintenance Responsibilities
If you want to avoid disputes with tenants over repairs and property condition, be explicit about who is responsible for what in your lease. Maintaining a property is a joint responsibility, and your tenants need to know what you expect from them.
The lease should indicate who will pay for utilities, landscaping, and any pool or spa services if you provide those amenities. You should outline the process for reporting routine and emergency maintenance, and you can also prohibit tenants from making any repairs or cosmetic changes without permission.
Rules and Regulations at your San Diego Rental Property
If your investment property is in an HOA, make sure the tenant receives a copy of those rules and regulations.
This is only a starting point. You’ll want to include all the legal addenda and advisories as well, which is why it’s so important that you don’t create a lease yourself or by using a generic template. You want a thorough, detailed, and legally binding lease agreement that will answer any questions your residents may have and allow for a peaceful and pleasant rental experience.
If you’d like some help, please contact us at Onyx Property Management.
Experienced San Diego property management professionals, Onyx Property Management serves the entire county, including San Diego, Chula Vista, Oceanside, Carlsbad, and the surrounding areas.
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