Los Angeles Residential Lease Agreement

LA 1 on iPropertyManagement.com

A residential lease agreement in Los Angeles is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.

Residential Lease Agreement Requirements in Los Angeles

Los Angeles currently has one residential lease agreement requirement that landlords should be aware of:

Pesticide Notice

Landlords in Los Angeles are required to disclose any pesticides that were used in the rental property. The notice should include the pesticide that was used, active ingredients, and which pests were being controlled. [1]

Landlord-Tenant Rights and Regulations in Los Angeles

When it comes to landlord-tenant rights, landlords should be aware of the following:

Just Cause Ordinance

Similar to California law, the Los Angeles Just Cause For Eviction Ordinance prohibits landlords from evicting tenants without a just cause. This includes both at-fault and no-fault just cause evictions. [2]

No-Fault Evictions

For no-fault evictions, landlords must provide relocation assistance for the tenant. [3] Additionally, if the property becomes available to rent or lease within 2 years of the eviction, the landlord must first offer the unit to the displaced tenant. This is only if the tenant requests an offer by filling out this form within 30 days of their displacement. [4]

At-Fault Evictions

An at-fault eviction is a term used when the notice to end the tenancy is based on the fault of the tenant. For at-fault evictions, landlords must provide written notice of the eviction, as well as an opportunity to cure the violation (if it is curable).

Some examples of at-fault evictions include:

COVID-19 Tenant Protections

Los Angeles tenants will have until February 1st, 2024 to pay any past-due rent that has accumulated due to COVID-19. This only applies to rent that was due between October 1st, 2021 and January 31st, 2023. [5] Tenants must meet these deadlines to avoid evictions. However, there are some exemptions for Tenants who have given their landlord a COVID-19 Related Declaration of Financial Distress Form.

Tenants are also protected from evictions due to unauthorized pets or occupants until February 2024. In order to evict a tenant after this time period, landlords must provide tenants with a 30-day notice to cure. [6]

Evictions for Non-Payment of Rent

Los Angeles tenants cannot be evicted unless they owe an amount greater than one month of “fair market rent”. Fair market rent is an amount calculated by the U.S. Department of Housing and Urban Development. This amount is determined by the region and the number of bedrooms in a rental property. In 2023, the fair market rent for a one-bedroom apartment in Los Angeles is $1,747.

Relocation Assistance Law

Certain tenants in Los Angeles will be entitled to relocation assistance if their rent is increased by more than 10% (or 5% plus inflation). However, this will only apply to a small percentage of residents—as the city’s rent stabilization ordinance already prohibits these types of rent increases. [7]

Rent Stabilization Ordinance

Los Angeles’ Rent Stabilization Ordinance applies to buildings built on or before October 1st, 1978. This ordinance provides the following tenant protections: [8]

Renter’s Protection Notice

Los Angeles landlords must provide a copy of the Renter’s Protection Notice to all tenants who are renting or renewing their lease after January 27th, 2023. [9]

Illegal Lockouts

In Los Angeles, it is illegal for a landlord to take the following actions in order to force a tenant to move out:

3 Day Notice to Pay or Quit

Under California law, landlords must give tenants a 3-day notice to pay or quit for nonpayment of rent. This gives the tenant 3 days to either pay the overdue rent or vacate the property. If the tenant does not comply, the landlord may proceed with an eviction.

Right to Quiet Enjoyment

Tenants in California have a right to peaceful and quiet enjoyment of the premises without disturbance or interference from the landlord. This is an implied covenant in California and does not have to be stated in the lease agreement in order to be enforceable. [10]

Tenant Harassment

Los Angeles landlords are prohibited from harassing tenants in any form. This includes, but is not limited to, the following: [11]

Housing Discrimination

In addition to the federal Fair Housing Act protections, California also prohibits housing discrimination based on age [12] , HIV/AIDS status [13] , or immigration/citizenship status. [14] Source of income discrimination is also illegal in California, and landlords can no longer release rental ads prohibiting Section 8 vouchers. [15]

Tenant Habitability Program

The Los Angeles Tenant Habitability Program protects tenants from unlivable housing conditions and forced or permanent displacement. Specific criteria is used to determine whether any renovations or repairs will be permitted. [16]

Month-to-Month Tenancies

For month-to-month lease agreements, California landlords must give tenants 30 days’ notice if they plan to increase the rent by 10% or less. For increases greater than 10%, a 90-day notice is required. It is important to note that some rent stabilization laws limit a landlord’s ability to raise the rent or evict a tenant.

To end a month-to-month tenancy in California, landlords must provide the following notice:

Optional Lease Agreement Addendums and Disclosures in Los Angeles

While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.

Asbestos Addendum

Since California is listed as the #1 state for asbestos-related deaths, landlords should include an addendum stating if asbestos is present on the property. If asbestos is present, tenants should take precautions to minimize the chance of disturbing the asbestos fibers.

Parking Addendum

Due to Los Angeles’ high vehicle ownership rate, landlord’s may want to include a parking addendum to clearly outline the building’s parking policy. This should include information on assigned parking spots, street parking rules, and any prohibited uses of the parking space.

Smoke Detector Addendum

With California’s high wildfire risk, it is crucial that all Los Angeles tenants have working smoke detectors. This smoke detector addendum should outline the tenant’s responsibility to maintain working smoke detectors and contact the landlord for repairs.

Summary of Required Lease Disclosures for the State of California

Sources

If pesticides are to be used on apartments, duplexes or other multi-family dwellings, then notice shall be provided to the tenant of the premises for which the work is to be done.

A landlord shall not terminate a tenancy unless it is based upon one or more of the following grounds…

If the termination of tenancy is based on any of the grounds set forth in Sections 165.03 H. through 165.03 N., then the landlord shall pay relocation assistance to the tenant as follows…

A landlord who offers accommodations for rent or lease within two years from the date of withdrawal shall first offer to rent or lease each unit to the tenant or tenants displaced from that unit by the withdrawal…

Rental arrears accumulated between October 1, 2021, and January 31,2023, under this subsection must be paid by February 1, 2024.

Until January 31, 2024, no Owner shall endeavor to evict or evict a residential tenant based on the presence of unauthorized occupants or pets necessitated by COVID-19.

A landlord of residential real property subject to this article shall provide the relocation a ssistance specified in this section to a tenant who elects to relinquish their tenancy following a proposed rental increase that exceeds the lesser of (1) the Consumer Price Index – All Urban Consumers, plus five percent, or (2) ten percent

Therefore, it is necessary and reasonable to regulate rents so as to safeguard tenants from excessive rent increases, while at the same time providing landlords with just and reasonable returns from their rental units.

A landlord of residential real property subject to this Article shal l provide notice of the protections o f this Article as follows…

No person, except a duly authorized officer pursuant to the authority of legal process, shall interfere with the peaceful enjoyment, use, possession or occupancy of any premises…

Tenant Harassment shall be defined as a landlord’s knowing and willful course of conduct directed at a specific tenant or tenants that causes detriment and harm, and that serves no lawful purpose, including, but not limited to, the following actions…

Refuse to rent or lease a housing accommodation, refuse to negotiate for the rental or lease of a housing accommodation, or otherwise deny to or withhold from, any person or persons, a housing accommodation on the basis of age…

It shall be unlawful for any person having a housing accommodation for rent or lease to…Refuse to rent or lease a rental unit, refuse to negotiate for the rental or lease of a rental unit, evict from a rental unit, or otherwise deny to or withhold a rental unit from any person on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.

It shall be unlawful for any Landlord, or any agent, employee or contractor of such Landlord, to…Inquire as to the immigration or citizenship status of a tenant, prospective tenant, occupant or prospective occupant of a Rental Unit.

Based upon a person’s source of income, refuse to ren t or lease , or to continue to rent or lease , a housin g accommodation…

This article shall be known as the Tenant Habitability Program.

More Lease Agreement Templates

Las Vegas Lease Agreement

Nashville Lease Agreement

Oklahoma City Lease Agreement

Denver Lease Agreement

Seattle Lease Agreement

El Paso Lease Agreement