Reviewing and drafting residential lease agreements
A lease should reflect the property, the tenancy and the laws that govern both. Getting those terms right at the beginning can prevent difficult questions later.
Four questions we ask at the outset
Whenever a housing provider comes to us with a lease or tenancy issue, we want to establish four things: Where is the property? When was it built? What does the lease say? And what exactly comes with the tenancy?
Those answers help identify the laws governing the tenancy, the requirements that may apply to the property, the rights and responsibilities the parties have agreed upon, and the services or amenities that are part of the rental relationship.
A lease should not be viewed in isolation. It has to work within the legal and regulatory framework surrounding the property — while accurately reflecting the tenancy itself.
Where is the property?
The address is one of the first things we want to know. California law provides the statewide framework, but local rent control, just-cause protections and other requirements can substantially affect the rental relationship.
Before evaluating a lease, we want to understand the rules governing that particular property — not simply the rules that apply somewhere else in California.
When was the property built?
The age and regulatory history of a property can matter. Construction dates, occupancy history and other characteristics may affect whether particular rent, eviction or regulatory requirements apply.
The age of the property can help determine which rules apply, which exemptions may be available and how the tenancy should be structured.
What does the lease say?
When a question or dispute arises, the written agreement is often one of the first places we look. The lease establishes the basic terms of the tenancy and documents what the parties agreed to at the outset.
Clear language about rent, occupants, use of the property, responsibilities and other terms can eliminate ambiguity and provide a much stronger foundation when those terms later need to be enforced.
What exactly comes with the tenancy?
A tenancy can include much more than the four walls of the unit. Parking, storage, laundry, utilities, outdoor areas, furnishings and other services or amenities should be clearly understood and documented.
An informal arrangement can become important years later when an owner wants to change or discontinue it. Defining what is included from the beginning can prevent uncertainty about the parties' rights and obligations.
A California lease isn't necessarily a local lease.
Statewide lease forms can be useful starting points, but local ordinances may impose additional disclosures, notices, tenant protections and other requirements. A lease should reflect the rules governing the particular property rather than assuming that one agreement works everywhere.
Is your lease a dinosaur?
Some housing providers are still using lease agreements created years — or even decades — ago. Meanwhile, the laws governing rental housing have continued to change.
An older lease may contain outdated provisions, omit disclosures or language now required by law, or simply fail to address issues that have developed during the tenancy. Agreements downloaded from the Internet or carried forward from one tenant to the next deserve the same scrutiny.
Leases should be living documents. Periodic review can identify provisions that need to be updated and help ensure that the agreement reflects the property, the tenancy and the regulatory environment in which the owner is operating.
How Bornstein Law helps
A good lease is not simply a form. It is a legal document built around the property, the tenancy and the rules that govern both.
Bornstein Law reviews and drafts residential lease agreements for California housing providers, identifying outdated or problematic provisions, incorporating applicable requirements and helping owners clearly define the terms of the rental relationship.
We also advise owners when circumstances change during an existing tenancy — whether that involves occupants, pets, parking, storage, utilities, housing services, house rules or other terms — and determine what can lawfully be changed and what notice may be required.
Your lease should keep pace with the property — and the law.
Whether you're preparing a new tenancy or relying on an agreement that's been around for years, we can help make sure the lease reflects the property, the rental relationship and the rules that govern both.