In many states, the inclusion of the following conditions will result in the nullity of the lease or lease: Yes, it is always a good idea to sign a written lease. Although verbal agreements between tenants and landlords on the use of their property can be legally enforced in most cases, it is difficult to verify the conditions as each party may remember them differently. If you receive it in writing, you can avoid future disputes and misunderstandings. Until the enactment of this new just-purpose ordinance, San Jose was the last of the three largest cities in the Bay Area and one of the last major cities in California not to impose this eviction requirement on homeowners. Unlike San Jose`s existing Rent Control Ordinance, which only applies to the 43,000 rental units built before 1979, the new “just cause” ordinance covers all San Jose rental properties with three or more units. As a result, it is estimated that these requirements apply to at least 100,000 rental units in San Jose, which are home to approximately 450,000 tenants. A lease or lease is an important document that can answer important questions regarding tenancy, such as: While the intent of these new laws was to give San Jose tenants benefits over their landlords, these laws have significant potential to trigger unintended negative consequences for San Jose`s rental housing market. A major concern with these new laws is the deterrent effect they may have on future residential development in San Jose. If developers have concerns about their return on investment for San Jose Housing, they may choose to build in other locations. If this happens, the chronic housing shortage in San Jose will not be resolved, and if demand for housing in the area does not decrease, market forces will continue to raise rents. Without an increased supply of housing, this vicious circle will continue unabated. Let`s talk about how landlords and investors can protect themselves and their properties from the risk and liability of rental property owners.

There is less risk with your rental property if you have a quality tenant. When pre-selecting, make sure you have a documented set of rental criteria and don`t deviate from these standards. You are looking for a tenant who meets all your qualifications and has an excellent rental history in the past. Take your time for the selection process so you know you`re getting the best tenant possible. This will reduce your grip and provide a better overall experience. • Who pays the lawyer`s fees in the event of a legal dispute over the meaning or performance of the rental or tenancy agreement Legal protection begins with your rental agreement. A strong lease protects you and your tenants, and you want to make sure it`s clear and understandable. Anything that covers your property and your responsibilities, as well as your tenant`s responsibilities, should be included in the lease. Make sure it is rental collection, late fees, maintenance procedures and all things that are allowed and not allowed. Add pet policies and any required additives.

A tenant should also avoid signing a lease or lease with empty spaces. A lease is a short-term rental, often around 30 days and the contract is renewable after the rental period. For monthly rentals, the landlord may add or change certain terms of the agreement with appropriate written notice. On the other hand, a written lease has a fixed term. This can take anywhere from six months to a year or more, provided the rent is paid and the terms of the lease are met. Unlike the lease, the landlord cannot change the rental conditions during the tenancy period unless the tenant agrees. Use a legal and binding lease in California. Some of the generic rental documents that are easy to find online do not include all the necessary wording and clauses that California leases require. Talk to a lawyer or property manager if you`re not sure where to find a lease that complies with California law. The second order requires landlords who leave the apartment rental market under the Ellis Act (a California law that prohibits local governments from forcing landlords to rent or rent their property) to provide tenants with additional notices, as well as relocation assistance.

This new law requires owners of rent-controlled properties in San Jose to inform tenants for at least 120 days (one year if an elderly or disabled person is in the household) of their intention to withdraw their property from the rental market so that those tenants can find a new apartment. . . .