Lease Agreements & Your San Diego Rental Property

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

Your rental agreement must state when the lease begins and when it ends. Stipulate whether the lease will renew automatically or convert to a month-to-month arrangement. You also want to reference how much notice you and the tenant must provide to end the tenancy. 

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