Landlord Tenant
Residential Lease Agreement
California
Background checks for residential lease agreement?
I am a landlord looking to rent out a residential unit. I understand that the best way to protect myself and my property is to perform background checks on potential tenants. I want to know what is legally required of me in order to do background checks for residential lease agreements. I am also interested in learning what types of background checks are recommended for tenants.
Answers from 1 Lawyer
Answer
Landlord Tenant
California
Myrna L.
ContractsCounsel verified
Background checks of tenants normally include credit checks, employment verification, previous landlord reference checks, and personal references.
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Amendments in a residential lease agreement?
I recently entered into a residential lease agreement and have recently been asked to make some amendments to the agreement. These amendments are not clear to me and I would like to understand the implications and legalities of the changes before I sign the new agreement.
Myrna L.
First, you do not have to agree with your landlord to change your lease agreement. Second, know why your landlord wants to change your lease agreement. Third, what rights/benefits do you give up if you agree with your landlord to change your lease agreement.
Read 1 attorney answer>Landlord Tenant
Residential Lease Agreement
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Drafting a residential lease agreement?
I am a new landlord looking to start renting out a residential home in the next few months. I need to draft a residential lease agreement that meets the legal requirements of my state and ensures the rights of both myself and the tenant are protected. I am looking for legal advice to make sure I draft a comprehensive and legally compliant lease agreement.
Merry K.
I am a WA State attorney, and I counsel both landlords and tenants in WA who end up having landlord/tenant conflicts. It would be smart of you to have your first lease draft reviewed by a knowledgeable WA State landlord tenant law attorney. The biggest problems that arise include return of a security deposit and/or billing for additional costs after move out; tenants failure to comply with terms of the lease and/or HOA rules; and issues/questions regarding renewal of the lease. The Residential Landlord Tenant Law can be found here: https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 Two changes were made in 2023 alone. In addition, some cities, like Seattle, and unincorporated King County, have additional requirements to be aware of. You may want to consider joining an association of WA landlords - I think there's a statewide one, and there may be county or city organizations. Some of these can provide you with first draft leases and/or provide guidance, classes, and counseling. There are many places to buy leases online, but some of these don't address the fine points regarding notice to vacate or raise rent, issues arising from paying last month's rent ahead, whether or not security deposits can be applied toward the last month's rent, and so forth. An attorney who specializes in landlord-tenant law can provide you with your first lease and also be available on an ongoing basis for consultations from time to time.
Read 1 attorney answer>Landlord Tenant
Residential Lease Agreement
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Residential lease agreement for short-term rentals?
I am a homeowner in the state of California who is considering renting out my house on a short-term basis. I am interested in understanding the legal implications of such an arrangement, particularly in regards to the lease agreement that would need to be drafted. I would like to know what provisions I should include in the lease agreement to protect my interests and ensure that I am compliant with the law.
Merry K.
I think you need to post this as a CA question, not as a WA question. However, your first step is checking government and HOA rules, if any and make sure that this is allowed. You will need to change your insurance and possibly add another policy specifically for short term rentals. Let me know if I can ever be of help with WA State legal questions!
Read 1 attorney answer>Landlord Tenant
Residential Lease Agreement
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Residential lease agreement and association rules?
I recently signed a residential lease agreement and have recently been made aware of association rules that may affect my rights and obligations as a tenant. I am concerned that these rules may conflict with the terms of my lease agreement and am seeking legal advice to ensure that I am aware of any potential issues that I may face.
Merry K.
If you would like to request me through a project, I’d be happy to review all documents and WA State law and provide you with advice. It will be important to know whether or not you were informed that you will have to comply with the HOA rules at the time you signed the lease—many leases state the necessity to comply with HOA CC&R’s and/or Bylaws and/or rules as well as WA State law.
Read 1 attorney answer>Landlord Tenant
Residential Lease Agreement
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Length of a standard residential lease agreement?
I am in the process of looking for a new place to rent and want to make sure I understand my rights as a tenant. I am looking to sign a residential lease agreement and was wondering what the standard length of the agreement is so I can plan accordingly. I want to make sure I am aware of any potential pitfalls or issues that may arise from signing a long-term lease.
Linda W.
Being a landlord myself, and haven’t been involved in numerous residential landlord/tenant proceedings, my experience is that most residential leases are for one year. However, that being said we do live in Florida, and there are a lot of people who come down here just for the winter, which therefore involves shorter term leases. And if it is a condominium, the minimum length of time is determined by the condominium documents. If it is a home in a community, it would be covered by the HOA documents. Freestanding homes are limitless.
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