The Top 5 Things to Consider when Drafting a Rental Agreement in Los Angeles
Renting property can be a complicated and legally binding commitment3 min read
Renting property can be a complicated and legally binding commitment. If you are looking to rent a property in the bustling city of Los Angeles, California, there are a few key items you should review prior to agreeing to a rental agreement. Before proceeding, it is always best to consult a professional, experienced attorney to protect your interests and understand your rights as both a tenant and a landlord. UpCounsel is an online freelance platform of experienced attorneys who can analyze a variety of legal issues and offer insight related to rental agreement matters.
Among the most important steps before signing a rental agreement are understanding the mutual rights and obligations between both the tenant and the landlord, as well as the financial commitments associated with the property being rented. It is also important for both parties to familiarize themselves with the state and local laws, which will heavily dictate the additional provisions of a rental agreement. The following are the top five things to consider when drafting a rental agreement in Los Angeles.
1. Security Deposits
Most rental agreements in Los Angeles will include a security deposit paid by the tenant in order to protect the owner from potential damages or unpaid rent. California state law often impacts the amount of a security deposit, the types of property that can be included in a security deposit, and the manner in which the security deposit must be returned to the tenant at the end of the tenancy period.
2. Rent and Late Payment Consequences
Your rental agreement should include the actual amount of rent to be paid by the tenant on a monthly basis. Furthermore, both parties should agree to clear terms and conditions with regards to late fees if payment is not remitted in accordance with the set schedule. It is important to note that Los Angeles city laws cap the amount of late fees that can be charged to a tenant in order to prevent tenants from falling into a “debt trap.”
3. Prohibited Activity
Some rental agreements carry implicit prohibitions of tenant and/or guest activities. These prohibitions typically include, but are not limited to noise ordinances, permitting fires, and homeowners association regulations. It is essential to carefully review the list of prohibitions included in a rental agreement to ensure that all parties are aware of the specific activities are prohibited and any corresponding consequences.
4. Repairs and Maintenance Duties
A rental agreement should clearly articulate the duties of both the landlord and tenant in regards to repairs and maintenance. In California, a landlord may not charge the tenant for any type of repair or maintenance due to any violation or failure to perform on the tenant’s part, as this is the responsibility of the landlord. A professional attorney on UpCounsel can assist in crafting and reviewing a rental agreement that accurately reflects the duties of the tenant and the landlord with regard to maintenance and repairs.
5. End of the Tenancy Period
The end of a tenancy period can be a stressful time on both sides, as the landlord is attempting to recuperate their property and the tenant is attempting to receive a full and fair return of their security deposit. To ensure a smooth exit of the tenancy period, it is important to draft a rental agreement that clearly enumerates on what needs to occur prior to a tenant vacating the premise, such as providing the landlord with advanced notice before they vacate and providing ample time for a landlord to inspect the property and document any condition changes before approving the security deposit return to the tenant.
Prospective landlords and tenants in the city of Los Angeles should seek assistance from an experienced lawyer to protect their interests when entering into a rental agreement. By engaging the services of a legal professional, landlords and tenants can ensure that their assets are properly protected and that their agreement does not inherently conflict with California state laws.
Topics:
