Cable Television. Phone. Internet. For each utility, the following information should be stated: Name of the person who holds the account. Amount of deposit, if applicable. Name of the person who paid the deposit, if applicable. How the cost of the utility will be shared among roommates. Name of the person responsible for paying the utility. Countless situations could cause conflict between roommates. While it is impossible to predict every negative situation that could arise, here are some examples of additional items to be considered on a room rental agreement: Smoking policy. Overnight guest policy. Noise level. Social gatherings. Parking for roommates and their guests. Distributing keys to people who don’t reside in the unit. Signatures The signatures of each roommate and the landlord of the property make the room rental agreement a legal contract. There should be a specific space for each roommate’s printed name, signature and the date signed. These spaces should also be available for the property landlord. Possible Roommate Conflicts Accepting a roommate can be a positive solution to save money, share in household chores and make friends in an unfamiliar area. Unfortunately, having a roommate can also bring many possible sources of conflict. The room rental agreement template provided identifies the most common issues between roommates. Other issues that may be addressed in the room rental agreement may include: Respect of sleep schedules. Borrowing personal items. Set boundaries to maintain privacy. Procedure to address minor issues between residents in peaceful and non-confrontational way. Inappropriate guest behavior. A Roommate’s Rights Although they may have signed a room rental agreement with the master tenant rather than a residential lease agreement with the property’s landlord, a roommate may still be entitled to certain rights of a tenant in the state of California. Depending on the local laws in effect, a roommate may be considered a co-tenant rather than a subtenant even if they have not signed a residential lease agreement. In this situation, the roommate is entitled to similar rights as a tenant who has a residential lease agreement with a landlord. These specific rights may include: The right to eviction proceedings in accordance with California law. The right to reasonable repairs and maintenance of their residence. The right to habitable living quarters. The right to live on the premises without physical or emotional harassment. The right to pay a fair portion of rent, not exceeding the amount that the master tenant pays. The right to see the residential lease agreement, even if the roommate is not required to sign the document. The right to take legal action against a landlord providing that the original residential lease agreement allows tenants to sublet the property. The landlord and master tenant must abide by applicable laws prohibiting discrimination when renting to a roommate. Many master tenants ask, “Do I have legal grounds to evict my roommate?” The answer to this question varies widely by state and in the state of California, it even varies widely by local government. Generally, whether or not a master tenant can evict a roommate depends on the roommate’s status as either a co-tenant or a subtenant. Here are a few common roommate situations and how evictions are legally handled in the state of California: The master tenant and roommate have both signed a residential lease agreement. In this situation, the master tenant is not typically legally able to evict a roommate. Only the property’s landlord may evict those that are listed on the residential lease agreement. A master tenant may be able to discuss an unsavory situation with the landlord, but ultimately, it is the landlord’s responsibility to proceed with eviction. In any case, eviction must occur for a valid reason. The master tenant is the only person listed on the residential lease agreement. If the master tenant is the only person listed on the lease, they can likely evict the tenant as long as the eviction follows the process outlined by California law. However, if the roommate pays rent directly to the landlord, they are considered a co-tenant by California law and eviction would likely need to be carried out by the landlord. No written agreement exists between the roommate and the master tenant and/or landlord of the property. If the roommate has lived with the master tenant for more than 30 days or has paid rent to the landlord of the property, California law states that they have entered into a month-to-month lease arrangement. In this situation, a master tenant may evict a roommate with either 30 or 60 days notice, depending on how long the roommate has lived on the premises. The roommate is subletting from the master tenant. In the state of California, a roommate is considered a subtenant if they have signed a sublease agreement, if they are not listed on the residential lease agreement and have lived with the master tenant for less than 30 days or if they are not listed on the residential lease agreement and pay rent directly to the master tenant. In any of these situations, the master tenant is considered to act as the roommate’s landlord and may proceed with eviction in accordance with California law. California law states that a landlord or master tenant is required to provide only three days notice to evict a roommate for the following reasons: Nonpayment of rent. Violent behavior. Significant property damage. Violating the basic rights of other tenants. Using the unit for illegal purposes, including weapon-related crime, dealing illegal drugs or dogfighting. Other violations of a legally-binding lease or room rental agreement. While a reason for eviction generally does not need to be provided for 30 or 60 days notice in a month-to-month tenancy, in larger California cities where rent control applies, a reason for eviction must be given in all situations. Landlords and tenants must remember that discrimination or retaliation against a tenant or roommate are never lawful reasons for eviction. 4.5 Stars | 1,137 Ratings 14,712 Downloads Updated June 05, 2023A lease agreement is a contract between a landlord that rents property to a tenant in exchange for monthly payments. The first (1st) month’s rent and security deposit must be paid when signing the agreement. After the lease is signed, the tenant will be given access to the property on the first day of the term (unless otherwise agreed upon). Rental Application – Use to evaluate a tenant before signing a lease. 1-Page Lease Agreement – For residential use as a simple agreement between a landlord and tenant. For a fixed term such as 12 months. Download: Adobe PDF, MS Word, OpenDocument Commercial Lease Agreements – For the use of any type of retail, office, or industrial space. Download: Adobe PDF, MS Word, OpenDocument Condominium (Condo) Rental Agreement – Residential unit that is owned by an individual in a complex with other individually owned residences. Download: Adobe PDF, MS Word, OpenDocument Equipment Lease Agreement – To rent any type of device, tools, or similar item. Download: Adobe PDF, MS Word, OpenDocument Family Member Rental Agreement – When a relative comes to live in the same home as a family member. Use to protect the rights of both parties. Download: Adobe PDF, MS Word, OpenDocument Hunting Lease Agreement – For individuals that would like to xxxx on someone else’s private land. Download: Adobe PDF, MS Word, OpenDocument Month-to-Month Lease Agreement – Also known as a “tenancy-at-will,” this allows the tenant and landlord to have a binding arrangement that may be altered with 30 days’ notice. Download: Adobe PDF, MS Word, OpenDocument Parking Space Rental Agreement – Make a contract to park an automobile, recreational vehicle (RV), all-terrain vehicle (ATV), or motorcycle. Download: Adobe PDF, MS Word, OpenDocument Rent-to-Own Lease Agreement – Agreement that structures rental payments in combination with payments to own the property. Download: Adobe PDF, MS Word, OpenDocument Roommate (Room Rental) Agreement – For a roommate seeking others to join in paying rent in a residential unit together. This may be completed by a new roommate or as a collective group. Download: Adobe PDF, MS Word, OpenDocument Standard Residential Lease Agreement – Typically for a one-year period but can be for any fixed period. Download: Adobe PDF, MS Word, OpenDocument Sublease (Sublet) Agreement – The renting of space a tenant has to someone else. Download: Adobe PDF, MS Word, OpenDocument Vacation (Short-Term) Rental Agreement – For a term that usually ranges only for a few days between an owner of a home, apartment, condominium, or any other type of residence. Download: Adobe PDF, MS Word, OpenDocument Weekly Rental Agreement – A tenant who resides in a residential space with rent being paid every seven days. Download: Adobe PDF, MS Word, OpenDocument The Leasing Process (8 steps) 1. Tenant Views the Space Before a lease agreement is drawn up, the tenant will usually view the space and see if it’s acceptable to their living standards. If they like it, they will make an offer to the real estate agent, manager, or landlord. The offer will usually be based on the monthly rent amount. 2. Rental Application Any offer made will require the tenant to authorize a rental application and pay a small fee (see maximum amounts ($) by state). This gives consent to the landlord to legally perform a credit and background check.
Appears in 1 contract
Samples: Room Rental Agreement
Cable Television. Phone. Internet. For each utility, the following information should be stated: Name of the person who holds the account. Amount of deposit, if applicable. Name of the person who paid the deposit, if applicable. How the cost of the utility will be shared among roommates. Name of the person responsible for paying the utility. Countless situations could cause conflict between roommates. While it is impossible to predict every negative situation that could arise, here are some examples of additional items to be considered on a room rental agreement: Smoking policy. Overnight guest policy. Noise level. Social gatherings. Parking for roommates and their guests. Distributing keys to people who don’t reside in the unit. Signatures The signatures of each roommate and the landlord of the property make the room rental agreement a legal contract. There should be a specific space for each roommate’s printed name, signature and the date signed. These spaces should also be available for the property landlord. Possible Roommate Conflicts Accepting a roommate can be a positive solution to save money, share in household chores and make friends in an unfamiliar area. Unfortunately, having a roommate can also bring many possible sources of conflict. The room rental agreement template provided identifies the most common issues between roommates. Other issues that may be addressed in the room rental agreement may include: Respect of sleep schedules. Borrowing personal items. Set boundaries to maintain privacy. Procedure to address minor issues between residents in peaceful and non-confrontational way. Inappropriate guest behavior. A Roommate’s Rights Although they may have signed a room rental agreement with the master tenant rather than a residential lease agreement with the property’s landlord, a roommate may still be entitled to certain rights of a tenant in the state of California. Depending on the local laws in effect, a roommate may be considered a co-tenant rather than a subtenant even if they have not signed a residential lease agreement. In this situation, the roommate is entitled to similar rights as a tenant who has a residential lease agreement with a landlord. These specific rights may include: The right to eviction proceedings in accordance with California law. The right to reasonable repairs and maintenance of their residence. The right to habitable living quarters. The right to live on the premises without physical or emotional harassment. The right to pay a fair portion of rent, not exceeding the amount that the master tenant pays. The right to see the residential lease agreement, even if the roommate is not required to sign the document. The right to take legal action against a landlord providing that the original residential lease agreement allows tenants to sublet the property. The landlord and master tenant must abide by applicable laws prohibiting discrimination when renting to a roommate. Many master tenants ask, “Do I have legal grounds to evict my roommate?” The answer to this question varies widely by state and in the state of California, it even varies widely by local government. Generally, whether or not a master tenant can evict a roommate depends on the roommate’s status as either a co-tenant or a subtenant. Here are a few common roommate situations and how evictions are legally handled in the state of California: The master tenant and roommate have both signed a residential lease agreement. In this situation, the master tenant is not typically legally able to evict a roommate. Only the property’s landlord may evict those that are listed on the residential lease agreement. A master tenant may be able to discuss an unsavory situation with the landlord, but ultimately, it is the landlord’s responsibility to proceed with eviction. In any case, eviction must occur for a valid reason. The master tenant is the only person listed on the residential lease agreement. If the master tenant is the only person listed on the lease, they can likely evict the tenant as long as the eviction follows the process outlined by California law. However, if the roommate pays rent directly to the landlord, they are considered a co-tenant by California law and eviction would likely need to be carried out by the landlord. No written agreement exists between the roommate and the master tenant and/or landlord of the property. If the roommate has lived with the master tenant for more than 30 days or has paid rent to the landlord of the property, California law states that they have entered into a month-to-month lease arrangement. In this situation, a master tenant may evict a roommate with either 30 or 60 days notice, depending on how long the roommate has lived on the premises. The roommate is subletting from the master tenant. In the state of California, a roommate is considered a subtenant if they have signed a sublease agreement, if they are not listed on the residential lease agreement and have lived with the master tenant for less than 30 days or if they are not listed on the residential lease agreement and pay rent directly to the master tenant. In any of these situations, the master tenant is considered to act as the roommate’s landlord and may proceed with eviction in accordance with California law. California law states that a landlord or master tenant is required to provide only three days notice to evict a roommate for the following reasons: Nonpayment of rent. Violent behavior. Significant property damage. Violating the basic rights of other tenants. Using the unit for illegal purposes, including weapon-related crime, dealing illegal drugs or dogfighting. Other violations of a legally-binding lease or room rental agreement. While a reason for eviction generally does not need to be provided for 30 or 60 days notice in a month-to-month tenancy, in larger California cities where rent control applies, a reason for eviction must be given in all situations. Landlords and tenants must remember that discrimination or retaliation against a tenant or roommate are never lawful reasons for eviction. 4.5 Stars | 1,137 Ratings 14,712 Downloads Updated June 05, 2023A lease agreement is a contract between a landlord that rents property to a tenant in exchange for monthly payments. The first (1st) month’s rent and security deposit must be paid when signing the agreement. After the lease is signed, the tenant will be given access to the property on the first day of the term (unless otherwise agreed upon). Rental Application – Use to evaluate a tenant before signing a lease. 1-Page Lease Agreement – For residential use as a simple agreement between a landlord and tenant. For a fixed term such as 12 months. Download: Adobe PDF, MS Word, OpenDocument Commercial Lease Agreements – For the use of any type of retail, office, or industrial space. Download: Adobe PDF, MS Word, OpenDocument Condominium (Condo) Rental Agreement – Residential unit that is owned by an individual in a complex with other individually owned residences. Download: Adobe PDF, MS Word, OpenDocument Equipment Lease Agreement – To rent any type of device, tools, or similar item. Download: Adobe PDF, MS Word, OpenDocument Family Member Rental Agreement – When a relative comes to live in the same home as a family member. Use to protect the rights of both parties. Download: Adobe PDF, MS Word, OpenDocument Hunting Lease Agreement – For individuals that would like to xxxx on someone else’s private land. Download: Adobe PDF, MS Word, OpenDocument Month-to-Month Lease Agreement – Also known as a “tenancy-at-will,” this allows the tenant and landlord to have a binding arrangement that may be altered with 30 days’ notice. Download: Adobe PDF, MS Word, OpenDocument Parking Space Rental Agreement – Make a contract to park an automobile, recreational vehicle (RV), all-terrain vehicle (ATV), or motorcycle. Download: Adobe PDF, MS Word, OpenDocument Rent-to-Own Lease Agreement – Agreement that structures rental payments in combination with payments to own the property. Download: Adobe PDF, MS Word, OpenDocument Roommate (Room Rental) Agreement – For a roommate seeking others to join in paying rent in a residential unit together. This may be completed by a new roommate or as a collective group. Download: Adobe PDF, MS Word, OpenDocument Standard Residential Lease Agreement – Typically for a one-year period but can be for any fixed period. Download: Adobe PDF, MS Word, OpenDocument Sublease (Sublet) Agreement – The renting of space a tenant has to someone else. Download: Adobe PDF, MS Word, OpenDocument Vacation (Short-Term) Rental Agreement – For a term that usually ranges only for a few days between an owner of a home, apartment, condominium, or any other type of residence. Download: Adobe PDF, MS Word, OpenDocument Weekly Rental Agreement – A tenant who resides in a residential space with rent being paid every seven days. Download: Adobe PDF, MS Word, OpenDocument The Leasing Process (8 steps) 1. Tenant Views the Space Before a lease agreement is drawn up, the tenant will usually view the space and see if it’s acceptable to their living standards. If they like it, they will make an offer to the real estate agent, manager, or landlord. The offer will usually be based on the monthly rent amount. 2. Rental Application Any offer made will require the tenant to authorize a rental application and pay a small fee (see maximum amounts ($) by state). This gives consent to the landlord to legally perform a credit and background check.
Appears in 1 contract
Samples: Room Rental Agreement
Cable Television. Phone. Internet. For each utility, the following information should be stated: Name of the person who holds the account. Amount of deposit, if applicable. Name of the person who paid the deposit, if applicable. How the cost of the utility will be shared among roommates. Name of the person responsible for paying the utility. Countless situations could cause conflict between roommates. While it is impossible to predict every negative situation that could arise, here are some examples of additional items to be considered on a room rental agreement: Smoking policy. Overnight guest policy. Noise level. Social gatherings. Parking for roommates and their guests. Distributing keys to people who don’t reside in the unit. Signatures The signatures of each roommate and the landlord of the property make the room rental agreement a legal contract. There should be a specific space for each roommate’s printed name, signature and the date signed. These spaces should also be available for the property landlord. Possible Roommate Conflicts Accepting a roommate can be a positive solution to save money, share in household chores and make friends in an unfamiliar area. Unfortunately, having a roommate can also bring many possible sources of conflict. The room rental agreement template provided identifies the most common issues between roommates. Other issues that may be addressed in the room rental agreement may include: Respect of sleep schedules. Borrowing personal items. Set boundaries to maintain privacy. Procedure to address minor issues between residents in peaceful and non-non- confrontational way. Inappropriate guest behavior. A Roommate’s Rights Although they may have signed a room rental agreement with the master tenant rather than a residential lease agreement with the property’s landlord, a roommate may still be entitled to certain rights of a tenant in the state of California. Depending on the local laws in effect, a roommate may be considered a co-tenant rather than a subtenant even if they have not signed a residential lease agreement. In this situation, the roommate is entitled to similar rights as a tenant who has a residential lease agreement with a landlord. These specific rights may include: The right to eviction proceedings in accordance with California law. The right to reasonable repairs and maintenance of their residence. The right to habitable living quarters. The right to live on the premises without physical or emotional harassment. The right to pay a fair portion of rent, not exceeding the amount that the master tenant pays. The right to see the residential lease agreement, even if the roommate is not required to sign the document. The right to take legal action against a landlord providing that the original residential lease agreement allows tenants to sublet the property. The landlord and master tenant must abide by applicable laws prohibiting discrimination when renting to a roommate. Many master tenants ask, “Do I have legal grounds to evict my roommate?” The answer to this question varies widely by state and in the state of California, it even varies widely by local government. Generally, whether or not a master tenant can evict a roommate depends on the roommate’s status as either a co-tenant or a subtenant. Here are a few common roommate situations and how evictions are legally handled in the state of California: The master tenant and roommate have both signed a residential lease agreement. In this situation, the master tenant is not typically legally able to evict a roommate. Only the property’s landlord may evict those that are listed on the residential lease agreement. A master tenant may be able to discuss an unsavory situation with the landlord, but ultimately, it is the landlord’s responsibility to proceed with eviction. In any case, eviction must occur for a valid reason. The master tenant is the only person listed on the residential lease agreement. If the master tenant is the only person listed on the lease, they can likely evict the tenant as long as the eviction follows the process outlined by California law. However, if the roommate pays rent directly to the landlord, they are considered a co-tenant by California law and eviction would likely need to be carried out by the landlord. No written agreement exists between the roommate and the master tenant and/or landlord of the property. If the roommate has lived with the master tenant for more than 30 days or has paid rent to the landlord of the property, California law states that they have entered into a month-to-month lease arrangement. In this situation, a master tenant may evict a roommate with either 30 or 60 days notice, depending on how long the roommate has lived on the premises. The roommate is subletting from the master tenant. In the state of California, a roommate is considered a subtenant if they have signed a sublease agreement, if they are not listed on the residential lease agreement and have lived with the master tenant for less than 30 days or if they are not listed on the residential lease agreement and pay rent directly to the master tenant. In any of these situations, the master tenant is considered to act as the roommate’s landlord and may proceed with eviction in accordance with California law. California law states that a landlord or master tenant is required to provide only three days notice to evict a roommate for the following reasons: Nonpayment of rent. Violent behavior. Significant property damage. Violating the basic rights of other tenants. Using the unit for illegal purposes, including weapon-related crime, dealing illegal drugs or dogfighting. Other violations of a legally-binding lease or room rental agreement. While a reason for eviction generally does not need to be provided for 30 or 60 days notice in a month-to-month tenancy, in larger California cities where rent control applies, a reason for eviction must be given in all situations. Landlords and tenants must remember that discrimination or retaliation against a tenant or roommate are never lawful reasons for eviction. 4.5 Stars | 1,137 Ratings 14,712 Downloads Updated June 05, 2023A lease agreement is a contract between a landlord that rents property to a tenant in exchange for monthly payments. The first (1st) month’s rent and security deposit must be paid when signing the agreement. After the lease is signed, the tenant will be given access to the property on the first day of the term (unless otherwise agreed upon). Rental Application – Use to evaluate a tenant before signing a lease. 1-Page Lease Agreement – For residential use as a simple agreement between a landlord and tenant. For a fixed term such as 12 months. Download: Adobe PDF, MS Word, OpenDocument Commercial Lease Agreements – For the use of any type of retail, office, or industrial space. Download: Adobe PDF, MS Word, OpenDocument Condominium (Condo) Rental Agreement – Residential unit that is owned by an individual in a complex with other individually owned residences. Download: Adobe PDF, MS Word, OpenDocument Equipment Lease Agreement – To rent any type of device, tools, or similar item. Download: Adobe PDF, MS Word, OpenDocument Family Member Rental Agreement – When a relative comes to live in the same home as a family member. Use to protect the rights of both parties. Download: Adobe PDF, MS Word, OpenDocument Hunting Lease Agreement – For individuals that would like to xxxx on someone else’s private land. Download: Adobe PDF, MS Word, OpenDocument Month-to-Month Lease Agreement – Also known as a “tenancy-at-will,” this allows the tenant and landlord to have a binding arrangement that may be altered with 30 days’ notice. Download: Adobe PDF, MS Word, OpenDocument Parking Space Rental Agreement – Make a contract to park an automobile, recreational vehicle (RV), all-terrain vehicle (ATV), or motorcycle. Download: Adobe PDF, MS Word, OpenDocument Rent-to-Own Lease Agreement – Agreement that structures rental payments in combination with payments to own the property. Download: Adobe PDF, MS Word, OpenDocument Roommate (Room Rental) Agreement – For a roommate seeking others to join in paying rent in a residential unit together. This may be completed by a new roommate or as a collective group. Download: Adobe PDF, MS Word, OpenDocument Standard Residential Lease Agreement – Typically for a one-year period but can be for any fixed period. Download: Adobe PDF, MS Word, OpenDocument Sublease (Sublet) Agreement – The renting of space a tenant has to someone else. Download: Adobe PDF, MS Word, OpenDocument Vacation (Short-Term) Rental Agreement – For a term that usually ranges only for a few days between an owner of a home, apartment, condominium, or any other type of residence. Download: Adobe PDF, MS Word, OpenDocument Weekly Rental Agreement – A tenant who resides in a residential space with rent being paid every seven days. Download: Adobe PDF, MS Word, OpenDocument The Leasing Process (8 steps) 1. Tenant Views the Space Before a lease agreement is drawn up, the tenant will usually view the space and see if it’s acceptable to their living standards. If they like it, they will make an offer to the real estate agent, manager, or landlord. The offer will usually be based on the monthly rent amount. 2. Rental Application Any offer made will require the tenant to authorize a rental application and pay a small fee (see maximum amounts ($) by state). This gives consent to the landlord to legally perform a credit and background check.:
Appears in 1 contract
Samples: Room Rental Agreement
Cable Television. Phone. Internet. For each utility, the following information should must be stated: Name of the person who holds holding the account. Amount of Quantity deposit, if applicable. Name of the person who paid the deposit, if applicable. How the cost of the utility will be shared among roommates. Name of the person responsible for paying the utility. Countless Numerous situations could can cause conflict between roommates. While it is impossible to predict every negative situation that could may arise, here are some examples of additional items to be considered on a room rental agreement: Smoking policy. Overnight guest policy. Noise level. Social gatherings. Parking for roommates and their guests. Distributing keys to people who don’t reside in the unitn't live Unit. Signatures The signatures of each roommate and the landlord of the property make the room rental agreement a legal contract. There should must be a specific space for each roommate’s 's printed name, signature and the date signed. These spaces should also be available for to the property landlord. Possible Roommate Conflicts Accepting Acceptance of a roommate Roommate can be a positive solution to save money, share in household chores and make friends in an unfamiliar area. Unfortunately, having a roommate can also bring many possible sources of conflict. The room rental agreement template provided identifies the most common issues between roommates. Other issues that may can be addressed in the room rental agreement may include: Respect of for sleep schedules. Borrowing Borrow personal items. Set boundaries to maintain privacy. Procedure to address minor issues between residents in peaceful and non-confrontational wayways. Inappropriate guest behavior. A Roommate’s Rights roommate's rights Although they may have signed a room rental agreement with the master tenant rather than a residential lease agreement with the property’s 's landlord, a roommate may still be entitled to certain rights of a tenant in the state of California. Depending on the local laws in effect, a roommate may could be considered a co-fellow tenant rather than a subtenant subtenant, even if they have not signed didn't sign a residential lease agreement. In this situation, the roommate is entitled to similar rights as a tenant who has a residential lease agreement with a landlord. These specific rights may include: The right to eviction proceedings in accordance with California law. The right to reasonable repairs and maintenance of their residence. The right to habitable living quarters. The right to live on the premises without physical or emotional harassment. The right to pay a fair portion of rent, rent does not exceeding exceed the amount that the master tenant pays. The right to see the residential lease agreement, even if the roommate is not required to sign the document. The right to take legal action against a landlord providing provides that the original residential lease agreement allows tenants to sublet the property. The landlord and master tenant must abide by applicable laws prohibiting discrimination when renting hired to a roommate. Many master tenants ask, “Do I have legal grounds to evict put my roommate?” roommate out? The answer to this question varies widely by state and in the state of California, it varies even varies widely by local government. GenerallyIn general, whether or not a master tenant can evict put out a roommate depends on the roommate’s 's status as either a co-tenant or a subtenant. Here are a few common roommate situations and how evictions are legally handled in the state of California: The master tenant and roommate have both signed a residential lease agreement. In this situation, the master tenant is not typically legally able to evict a roommate. Only the property’s landlord may evict those that are listed on the residential lease agreement. A master tenant may be able to discuss an unsavory situation with the landlord, but ultimately, it is the landlord’s responsibility to proceed with eviction. In any case, eviction must occur for a valid reason. The master tenant is the only person listed on the residential lease agreement. If the master tenant is the only person listed on the lease, they can likely evict the tenant as long as the eviction follows the process outlined by California law. However, if the roommate pays rent directly to the landlord, they are considered a co-tenant by California law and eviction would likely need to be carried out by the landlord. No written agreement exists between the roommate and the master tenant and/or landlord of the property. If the roommate has lived with the master tenant for more than 30 days or has paid rent to the landlord of the property, California law states that they have entered into a month-to-month lease arrangement. In this situation, a master tenant may evict a roommate with either 30 or 60 days notice, depending on how long the roommate has lived on the premises. The roommate is subletting from the master tenant. In the state of California, a roommate is considered a subtenant if they have signed a sublease agreement, if they are not listed on the residential lease agreement and have lived with the master tenant for less than 30 days or if they are not listed on the residential lease agreement and pay rent directly to the master tenant. In any of these situations, the master tenant is considered to act as the roommate’s landlord and may proceed with eviction in accordance with California law. California law states that a landlord or master tenant is required to provide only three days notice to evict a roommate for the following reasons: Nonpayment of rent. Violent behavior. Significant property damage. Violating the basic rights of other tenants. Using the unit for illegal purposes, including weapon-related crime, dealing illegal drugs or dogfighting. Other violations of a legally-binding lease or room rental agreement. While a reason for eviction generally does not need to be provided for 30 or 60 days notice in a month-to-month tenancy, in larger California cities where rent control applies, a reason for eviction must be given in all situations. Landlords and tenants must remember that discrimination or retaliation against a tenant or roommate are never lawful reasons for eviction. 4.5 Stars | 1,137 Ratings 14,712 Downloads Updated June 05, 2023A lease agreement is a contract between a landlord that rents property to a tenant in exchange for monthly payments. The first (1st) month’s rent and security deposit must be paid when signing the agreement. After the lease is signed, the tenant will be given access to the property on the first day of the term (unless otherwise agreed upon). Rental Application – Use to evaluate a tenant before signing a lease. 1-Page Lease Agreement – For residential use as a simple agreement between a landlord and tenant. For a fixed term such as 12 months. Download: Adobe PDF, MS Word, OpenDocument Commercial Lease Agreements – For the use of any type of retail, office, or industrial space. Download: Adobe PDF, MS Word, OpenDocument Condominium (Condo) Rental Agreement – Residential unit that is owned by an individual in a complex with other individually owned residences. Download: Adobe PDF, MS Word, OpenDocument Equipment Lease Agreement – To rent any type of device, tools, or similar item. Download: Adobe PDF, MS Word, OpenDocument Family Member Rental Agreement – When a relative comes to live in the same home as a family member. Use to protect the rights of both parties. Download: Adobe PDF, MS Word, OpenDocument Hunting Lease Agreement – For individuals that would like to xxxx on someone else’s private land. Download: Adobe PDF, MS Word, OpenDocument Month-to-Month Lease Agreement – Also known as a “tenancy-at-will,” this allows the tenant and landlord to have a binding arrangement that may be altered with 30 days’ notice. Download: Adobe PDF, MS Word, OpenDocument Parking Space Rental Agreement – Make a contract to park an automobile, recreational vehicle (RV), all-terrain vehicle (ATV), or motorcycle. Download: Adobe PDF, MS Word, OpenDocument Rent-to-Own Lease Agreement – Agreement that structures rental payments in combination with payments to own the property. Download: Adobe PDF, MS Word, OpenDocument Roommate (Room Rental) Agreement – For a roommate seeking others to join in paying rent in a residential unit together. This may be completed by a new roommate or as a collective group. Download: Adobe PDF, MS Word, OpenDocument Standard Residential Lease Agreement – Typically for a one-year period but can be for any fixed period. Download: Adobe PDF, MS Word, OpenDocument Sublease (Sublet) Agreement – The renting of space a tenant has to someone else. Download: Adobe PDF, MS Word, OpenDocument Vacation (Short-Term) Rental Agreement – For a term that usually ranges only for a few days between an owner of a home, apartment, condominium, or any other type of residence. Download: Adobe PDF, MS Word, OpenDocument Weekly Rental Agreement – A tenant who resides in a residential space with rent being paid every seven days. Download: Adobe PDF, MS Word, OpenDocument The Leasing Process (8 steps) 1. Tenant Views the Space Before a lease agreement is drawn up, the tenant will usually view the space and see if it’s acceptable to their living standards. If they like it, they will make an offer to the real estate agent, manager, or landlord. The offer will usually be based on the monthly rent amount. 2. Rental Application Any offer made will require the tenant to authorize a rental application and pay a small fee (see maximum amounts ($) by state). This gives consent to the landlord to legally perform a credit and background check.
Appears in 1 contract
Samples: Roommate Rental Agreement
