More information about the Apartment Lease Agreement

What is the difference between a rental agreement and a lease agreement?

"Rental agreement", commonly known as "month-to-month agreement", is for an indefinite period of time, with rent typically payable on a monthly basis.  The tenancy is automatically renewed at the end of this period unless either the landlord or tenant gives proper notice (usually 30 day advance notice) to end it.  With a month-to-month rental agreement, the landlord can change the terms and rules or raise the rent with proper notice for the tenant.

A Lease Agreement is signed for a set term (often six months, a year or longer).  Unlike a rental agreement, the landlord cannot change the terms of tenancy or raise the rent without both parties' agreement.  Also, the lease is not typically renewed when it expires.

Links for further information

U.S. Department of Housing and Urban Development (HUD)
Fair Housing Act as Amended (Title 8)
Landlord-Tenant Statutes

The Lead-Based Paint Disclosure Rule

Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the lease of most housing built before 1978.

Housing built before 1978 may contain lead-based paint.  Lead from paint, paint chips, and dust can pose health hazards if not managed properly.  Lead exposure is especially harmful to young children and pregnant women.  Before renting pre-1978 housing, landlords (lessors) must disclose the presence of known lead-based paint and/ or lead-based paint hazards in the dwelling.  Tenants (lessees) must also receive a federally approved pamphlet on lead poisoning prevention.

Accordingly, if the rental property was built before 1978, a Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards form needs to be completed and signed by the landlord and tenant(s).  This form can be found on the U.S. Environmental Protection Agency website here: http://www.epa.gov

The aforementioned federally approved pamphlet, titled Protect Your Family From Lead In Your Home, can be found on the U.S. Department of Housing and Urban Development website here: http://www.hud.gov/offices/lead/enforcement/disclosure.cfm

A fact sheet about this law can be found here:
http://www.hud.gov

Megan's Law for the State of California

For the State of California, the Megan's Law requires every lease agreement to contain a specific notice that tenants have the right to access the state's database of registered sex offenders.

DATABASE DISCLOSURE (MEGAN'S LAW DISCLOSURE). Notice: The California Department of Justice, sheriff's departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code.  The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood.  The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made.  This is a "900" telephone service.  Callers must have specific information about individuals they are checking.  Information regarding neighborhoods is not available through the "900" telephone service. (Civil Code Sec. 2079.10a.)