California Month to Month Rental Agreement Form

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The California Month-to-Month Lease Agreement is a document which outlines the agreement between a tenant and a landlord. Here, an amount of money paid by the tenant to the landlord in exchange for residence on the Landlord’s property will be defined along with how often this set amount will be paid. Unlike a fixed term lease agreement, this type of agreement affords the opportunity to change the specific terms of the lease provided written notice for a set amount of time is issued. The amount of time will depend upon the nature of the change.

For instance, in California, a Landlord may increase the rent of a month to month. If the increase is less than 10% a notice of this increase must be delivered to the tenant thirty days before it goes in effect, however, if the increase is greater than 10% the notice must be delivered sixty days in advance. Another flexibility afforded to a month-to-month contract is the time it is in effect for. So long as this agreement is in effect, both parties must adhere to its terms however unlike a fixed term lease, this type of lease may be terminated lawfully provided at least thirty days’ notice is issued by the party terminating the lease to the remaining party. This must be a sixty-day notice if the tenant has been residing on the property longer than one year. It should be noted that individual counties may place additional regulations on a month-to-month type lease.

Month to Month Termination Notice – 30 Days (60 days if the tenant has been on the premises for more than one (1) year.

LawsCC 1946

How to Write

Step 1 – Enter the Landlord and Tenant’s full names in their respective spaces. Then enter the date of the agreement.

Step 2 – In the second paragraph, enter the Street Address and City where the property to be leased is located.

Step 3 – Enter the date upon which the lease commences in the “Lease Term” paragraph.

Step 4 – In the “Lease Payments” paragraph, enter the monthly rent amount due and the day of the month the rent will be due. Then enter the numerical value of the month and year when the agreement commences. Finally, enter the last day of the month this document’s term must begin on.

Step 5 – In the paragraph labeled “Late Charges,” enter the date of the month the rent will be due upon, the last date of the month the rent may be paid without a Tenant being responsible for a late fee. Then enter the amount of money the Tenant must pay per day until the payment is received. Enter the last day the payment may be made before the Tenant will be subjected to the eviction process.

Step 6 – The “Insufficient Funds” paragraph will require the amount of money to be paid if a check submitted as rent payment bounces.

Step 7 – The “Security Deposit” paragraph will list the conditions of the Security Deposit held in case of damages. Enter this dollar amount in the space provided.

Step 8 – The “Defaults” paragraph will require the number of days from the date of a received notice (from the Landlord) to correct a default situation. This section will define a Landlord’s options if this occurs.

Step 9 – The “Occupants” paragraph will require the maximum number of people that a Landlord will allow to reside in the rented property be entered.

Step 10 – The “Utilities and Services “paragraph will contain checkboxes for amenities a Landlord will be responsible for. There will be a space for additional utilities or services to be entered.

Step 11 – In the “Pets” paragraph, enter the security amount to be charged if the tenant has a pet.

Step 12 – The paragraph labeled “Abandonment” requires two numbers entered. The first will be the number of days a Tenant is inexplicably absent before the Landlord may consider the property abandoned. The second number is the number of days a Tenant is missing with rent overdue that a Landlord must wait before considering the rented property abandoned.

Step 13 – The “Additional Terms and Conditions” will contain several paragraphs regarding the property that has not been included in the main agreement or the disclosures. The first paragraph requiring attention, “Display of Signs,” will need the number of days from the termination of the lease that a Landlord may advertise and show the property entered.

Step 14 – Enter the time range each day where furniture is allowed to be brought in or removed in the “Noise” paragraph.

Step 15 – “Parking” will have two checkboxes. One states a Tenant is granted permission to park in a space for the property while the other denies that right. Check the applicable box. If the Tenant has parking privileges, enter the address where the parking area is located and the number of vehicles a Tenant is allowed to park.

Step 16 – In “Balconies,” check whether a Tenant is allowed to use any balcony on the rented property for the purposes listed in the paragraph

Step 17 – The final area of this document will provide the binding effect of the contract. The Landlord and Tenant(s) must both sign their names and print their names beneath the signature.


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