A periodic rental agreement or lease may be written or oral, and is for a fixed term or a period of time, such as month-to-month or week-to-week, with the month-to-month agreement being most common. This periodic type of rental agreement, unlike a lease, does not state the length of time that the agreement will remain in effect.

A landlord-tenant agreement may also come in the form of a lease. It may be written or oral, although it is generally written, and is for a specified amount of time such as six or 12 months. If a lease is for a period of time of more than one year, then it must be in writing or the lease is not enforceable. Both of these types of landlord and tenant agreements create a tenancy.

A commercial lease is designed to be used when leasing property used primarily for a business. It is a contract between a landlord and a business tenant for the rental of property. The terms of the commercial lease between the tenant and the landlord establish most of the conditions of the rental, and often a commercial tenant will not have the same rights and protections as residential tenants. One example of this is that a tenant in a commercial property may not be able to deduct money they spend on repairs to the building from their rent. Also, some home rentals in California may benefit from local rent control provisions, but commercial properties are not included. Additionally, some consumer laws that protect residential tenants will not apply to commercial tenants.

Commercial lease agreements will vary depending on the needs of the landlord and tenant, and are mainly the written terms and agreements discussed in negotiations between both parties. There are not a lot of rules and regulations that govern this type of agreement, and although not a complete list, some of the following items may be an important part of the written agreement:

Commercial lease agreements should specifically and accurately identify the property being leased.
The legal description, such as that recorded in the county records, and the full property address are the best means of identifying the leased property.
The rent of a commercial space will be based on the square footage of the property and may also include payment for gas and electric, insurance, property taxes or repairs. Therefore, it is vital to review all of these line items. Commercial lease agreements generally request an annual percentage-based rent increase, and these are often negotiable. The amount of the deposit and disposition of deposits upon vacating the location should be specified.
Commercial leases are often for several years, and landlords often prefer long-term agreements. Some landlords will entertain shorter leases, including certain terms and conditions of renewal.
Appropriate Tenant Activities:
A commercial lease agreement should list the activities that the tenant is authorized to conduct on the leased property. These clauses will often be used to protect the property owner and limit their liability in the event the tenant causes problems with other tenants who also have certain rights based on their lease agreements.
Use of Signs on the Property:
There may be zoning restrictions on the use of signs, so it is always a good idea to check on local regulations. The lease agreement may prohibit putting up signs that are visible from the street, so tenants must know what is acceptable before leasing the space or it may impact their ability to advertise their business.
Subletting the Property:
Tenants should carefully review their rights to sublet the property during the terms of their lease agreement. For example, if they find the location is not conducive to their type of business, they may want to move out and sublease the property to another tenant. They may be prohibited from doing this if subletting is not specifically stated in the lease agreement.
Allowed Property Improvements:
A lease should clearly state any modifications or improvements that can be made to the property, which party will pay for the improvements and whether the tenant is responsible to return the unit to its original condition at the end of the lease agreement.
Compliance with Americans with Disabilities Act:
A business that is open to the public and has more than 15 employees must be accessible to people with disabilities. The lease should state who is responsible to pay if any alterations are needed for the property to comply with the law.
Legal Remedies:
Commercial lease agreements should have a clause to address what happens when the landlord or tenant violates the terms of the lease, and the legal remedies that may occur. Remedies may include arbitration or mediation or some other process to settle the differences, or may require the filing of a lawsuit in court.
Eviction of Tenants:
Commercial tenants may be evicted for nonpayment of rent, subletting the property when it is prohibited in the lease agreement and other such acts. Tenants may be taken to court to resolve these issues.

The tenancy, or rental agreement, gives a person the right to use and possess a rental unit from a landlord. When you create a tenancy, it details various obligations for each of the parties involved. In some cases, a landlord-tenant lawyer is asked to create or advise upon the agreement, with the ability to represent either the landlord or the tenant.

A rental agreement or lease normally includes:

names of the parties involved
description of the property
the period of the rental (including the beginning and ending dates) or statement that it is a month-to-month or week-to-week tenancy
any charges that will be applied for late payment of rent
rules concerning pets, water beds or company
staying in the rental for long periods of time
provisions for a gardener, or the water bill, or trash pickup and who will pay for these
amount charged for a security deposit, and
any other terms and conditions the parties will adhere to during the rental agreement
may be verbal for rental agreement of 1 year or less
Increase in Rent or Changes to the Tenancy
Any terms and conditions concerning increases in the rent should be clearly spelled out in the agreement, such as how much notice is required and the amount of the increase. Generally, the rent for a lease will remain the same for the duration of the lease.

Civil Code § 827 governs rent increases on mo/mo tenancies. Rent increases of up to 10% require, 30 day written notice, over 10% require a 60 day notice. If any single rent increase within a 12 month period, cumulatively, will exceed 10% total, that rent increase requires a 60 day notice. Example: $1,000 rent, 3/18 rent increase of $50 (5%), requires 30 day notice, a $60 (6%) rent increase requires a 60 day notice because the landlord is raising the rent by more than 10% (11%) within the last 12 months.

If any of the items in the rental agreement are ambiguous or the parties don’t agree, ask to have changes made. Both parties will be bound by the terms of a lease, which may be for a year or longer, so it might make sense to have a landlord-tenant lawyer review the agreement.

Upon renting a property in the state of California, the tenant will generally be required by the landlord to pay a security deposit. This is money that protects the landlord in the event that the tenant breaks a lease or otherwise violates the terms and conditions set forth in the rental agreement.

Security deposits are sometimes negotiable between the landlord and renter, but the maximum amount that may be charged is two times the amount of the rent in an unfurnished apartment and up to three times the amount of the rent in a furnished apartment. A landlord-tenant lawyer may be consulted if this amount is not in accordance with the laws of California.

The landlord may use the security deposit for four different reasons:

To cover any unpaid rent when the lease is terminated.
To clean the rental when the tenant vacates the rental, bringing the rental back to the same condition when the tenant moved in to the unit.
To pay for any damages caused by the tenant other than the normal wear and tear caused by daily living in the unit.
To replace personal property of the owner such as furniture or drapes, beyond normal wear and tear, as long as that provision is spelled out in the lease/rental agreement.

The landlord’s security deposit must be returned to the renter within twenty-one days after the tenant vacates the property. Either the full amount must be returned or a portion of the deposit with a letter explaining why the full amount is not returned. When landlords deduct money for repairs, they should also provide copies of receipts for work done, unless the amount was less than $126 or the tenant waived their right to get the receipts. Additionally, the landlord may keep money for the reasons stated above.

A landlord is generally defined as the person or company that owns property such as a house or apartment. They may deal directly with tenants when renting/leasing their property or may assign those duties to someone else, such as a management company.

Landlord rights and expectations related to the rental of their property include, but are not limited to, the following:

The right to enforce the terms and conditions agreed upon in a verbal or written landlord-tenant agreement. The written lease will provide certain protections to a landlord. A verbal agreement, although it may be more difficult to prove, may also afford the landlord certain rights.
A landlord will be entitled to timely payment of rent.
Landlords have the right to have their property used for lawful purposes only; i.e., dealing or the manufacture of drugs on their property or the possession of unlawful firearms or ammunition is prohibited.
According to the landlord-tenant agreement, landlords may expect that their tenants maintain the property, that they do not damage the premises and that they do not interfere with the rights of other residents.
Landlords may limit the number of people living in their property as long as they are not violating any discrimination laws.
A landlord has the right to prevent tenants from subleasing their property unless a lease allows it.
With proper notice, whether it is a three-day notice for failure to pay rent or perform covenant or 30- or 60-day notices for other lease violations or reasons, landlord rights include repossession of the property once they have followed appropriate legal procedures. This may require the landlord to take the tenant to court.
A landlord may also keep some of a tenant’s security deposit as defined by the law for repairs beyond usual wear and tear, whether or not that provision is included in the landlord-tenant agreement.

Under California law, tenants have certain legal rights and, additionally, may have other rights governed by local laws. They may have individual tenants’ rights agreed upon through a verbal agreement with a landlord or through a lease. All tenants have some basic legal rights, whether they are written or verbal.

Tenant legal rights include, but are not limited to, the following:

The right to have the property they have rented and maintained in livable condition.
The right to repairs for any serious maintenance issues that impact the health or safety of the tenant, and the right to deduct these costs from the rent if the landlord does not correct the problem in a reasonable time.
The right to withhold rent under certain conditions.
The right to have security deposits meet certain criteria, like the amount that may be imposed, and how the deposit will be returned upon vacating the property.
The right to prevent the landlord from entering the rental unit without proper notice; and protection from eviction when it involves retaliation from a landlord.
The right to proper notice and the expectation that the landlord, when seeking repossession of the property, will follow the laws governing these issues.

The Federal Civil Rights Act and the California Fair Employment and Housing Act are part of landlord and tenant laws that prohibit discrimination. Nevertheless, there are many ways that an apartment manager, landlord, real estate salesperson or broker could violate these laws. In these cases, a tenant attorney should be consulted. Although not a complete list, the following are some examples of landlord and tenant law violations:

Refusing to lease, rent or sell; providing segregated housing, or terminating a sale, rental agreement or lease based on age, religion, color, race, sex or sexual orientation, pregnancy, childbirth or medical conditions, disability, gender or perception of gender, ancestry, national origin, source of income, marital status or children under the age of 18 in the family.
Providing housing under inferior conditions, such as one having old or dangerous electrical wiring or not meeting other local building and health codes.
Harassing any individual in connection with current housing accommodations or their attempt to seek specific housing accommodations.
Telling a person that housing is not available for whatever reason when it really is available.
Refusing to make reasonable accommodations for a person with a disability in the policies or rules (like having a service dog or pet) or services provided, or denying a person with a disability the right to make needed physical modifications to a rental unit or house at their own expense.

When violations like the above are committed, it can be beneficial to seek the counsel of an experienced tenant attorney. A victim of discrimination in housing as it applies to landlord and tenant laws may have some legal remedies, including but not limited to: monetary damages that could be awarded through the Court, access to the property that was formerly denied, recovery of tenant attorney fees and any other out-of pocket expenses, and possibly payment for emotional distress. Additionally, a landlord might be ordered to change their practices to prevent unlawful discrimination in the future.

Once the tenant has been properly served with an unlawful detainer action, they must go to the appropriate courthouse to file a response (usually, within 5 calendar days of being served with the Complaint). If the tenant fails to respond to the summons and complaint served upon them, the landlord is entitled to file for a default judgment to get back possession of the property and often a judgment for money owed (for rent or damages), filing fees and possibly attorney fees.

If the tenant responds to the summons and complaint, they will have the opportunity to present their case before a Superior Court Judge. The tenant may win the right to maintain possession, but if the tenant loses the case and is ordered to move out of the premises, upon proper service from the sheriff, they will be ordered to move within five days.

Tenants often have questions about their personal property, and rules governing this can be found under the California Code of Civil Procedure Section 1174, which is available on the Internet.
A landlord or tenant may hire an attorney to represent them in an unlawful detainer proceeding. A tenant may also get help in completing their response paperwork through the Unlawful Detainer Clinic program.