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Residential Rental Agreement and Rental Lease
Before you decide on a rental unit, there are several other points to consider. For example:
Is an oral rental agreement legally binding?
What are the differences between a lease and a rental agreement?
What are some of the advantages and disadvantages of each?
This section answers these and other questions.
Before you can rent a rental unit, you and the landlord must enter into one of two kinds of agreements: a periodic rental agreement or a lease. The periodic rental agreement or lease creates the tenant’s right to live in the rental unit. The tenant’s right to use and possess the landlord’s rental unit is called a tenancy.
A periodic rental agreement states the length of time (the number of days) between the rent payments—for example a week (seven days) or a month (30 days). The length of time between rent payments is called the rental period.
A periodic rental agreement that requires one rent payment each month is a month-to-month rental agreement, and the tenancy is a month to-month tenancy. (51) The month-to-month rental agreement is by far the most common kind of rental agreement, although longer (or shorter) rental periods can be specified.
If the periodic rental agreement requires that rent be paid once a week, it is a week-to-week rental agreement and the tenancy is a week-to week tenancy. (52) In effect, a periodic rental agreement expires at the end of each period for which the tenant has paid rent, and is renewed by the next rent payment. (53) A periodic rental agreement does not state the total number of weeks or months that the agreement will be in effect. The tenant can continue to live in the rental unit as long as the tenant continues to pay rent, and as long as the landlord does not ask the tenant to leave.
In a periodic rental agreement, the length of time between the rent payments (the rental period) determines three things:
• How often the tenant must pay rent;
• The amount of advance notice that the tenant must give the landlord, and that the landlord must give the tenant, if either decides to terminate (end) the tenancy; and
• The amount of advance notice the landlord must give the tenant if the landlord decides to change the terms of the rental agreement other than the rent. (54) (special rules apply to the amount of advance notice that the landlord must give the tenant to raise the rent.)
51 Civil Code Section 1944.
52 Civil Code Section 1944.
53 Civil Code Sections 1945, 1946, 1946.1.
54 Civil Code Sections 827(a), (b).
This is a blog post for Real Estate Professionals, Investors, Landlord, Property Manager, and Property Management Companies. Tenant Guide to Residential Rental Agreements and Rental Leases is brought to you by SimplifyEm Pay Rent Online and Property Management SoftwareYou might also want to read:
- Tenants Guide To Notice To End a Periodic Tenancy To end a periodic rental agreement (for example, a month-to-month agreement), you must give your landlord proper written notice before you move. You must give the landlord the same amount......
- Tenant Guide to Residential Written Rental Agreement Between Tenants and Landlords When Tenants and Landlords are involved in renting a rental unit, they have the choice of written rental agreement. A written rental agreement is a periodic rental agreement that has......
- Tenant Guide to Residential Oral Rental Agreement Between Tenants and Landlords Landlord and Tenants can decide to choose oral rental agreement when they are engaged in rental unit. Below is general information about oral rental agreement. In an oral rental agreement,......
