Rental Housing Forms

This section applies to operational notices only and will not cover Termination Notices (for more information on Termination Notices, jump to section 10). Proper service must comply with California Code of Civil Procedure §1162 and include a Proof of Service notice.

Methods of Service (When/Why to Use):

Best Practice: EBRHA recommends you serve the notice in at least TWO of the ways mentioned below to ensure your resident receives it.

1. Personal Delivery — Hand the notice directly to the renter.

   • Best practice whenever possible; strongest proof.
     
     

Pro Tip:

Ask for an acknowledgment of receipt (in addition to a Proof of Service).

2. Substituted Service — Leave with a person of suitable age and discretion at the residence and mail a copy the same day.

   • Use when the renter is not available for personal delivery.
     
     

3. Post and Mail (“Nail and Mail”) — Post notice in a conspicuous place at the unit and mail a copy.

   • Use only when personal and substituted service aren’t possible.

   • Courts look at whether the notice was properly sent, not whether the resident accepted it. If needed, a Certificate of Mailing (USPS Form 3817) is often stronger and cleaner than certified mail because it proves the item was mailed without requiring renter cooperation.
     
     

Pro Tip:

Take time-stamped photos of the posted notice, and be sure to keep a copy of every notice that you file.

EBRHA Form:

• Proof of Service — Always complete to document the method, date, and recipient. Keep a copy for your records, you do not need to send it to your resident. Certain cities require this form to be sent to the Rent Boards. Always confirm on your city-specific page before serving.
  
  

Local Filing:

• Some East Bay cities (e.g., Oakland, Berkeley) may require filing a copy with the Rent Board/Housing Department—check City-Specific Pages.
  
  

Forms Mentioned in this Section:

• Proof of Service

The California Residential Lease Agreement (EBRHA-provided) is the foundation for every tenancy. Housing providers must include applicable addenda/disclosures to stay compliant. Ensure you are using the most current and compliant lease agreement for your city. 

Insurance:

Insurance expectations should be discussed at move-in. Renters insurance is not required by state law, but owners can legally mandate it as a condition of the lease with certain limitations.

• Renter’s Insurance protects the resident’s personal belongings. 

• Housing providers can only require $100k liability insurance minimum or less, and housing providers should be listed as additional interest.

• Landlord Insurance Limitations: Clarify that the property owner’s insurance typically does not cover resident belongings.

• Proof of Coverage: If renter’s insurance is required, obtain proof of coverage and keep it in the lease file.

• Liability Awareness: Encourage renters to report hazards and use amenities safely to reduce injury risks.
  
  

Pro Tip:

Housing providers can also purchase renter’s insurance for their residents.

Pro Tip:

Naming the owner as an ‘Additional Interest’ is best practice, since ‘Additional Insured’ is usually redundant as owners already carry property and liability coverage

Pet Policies:

Pet expectations should be clearly outlined at move-in.

• Pet Rules: Include limits on number, size, breed (if applicable), and behavior expectations.

• Written Agreement: Use a pet addendum signed by all parties.

• Damage Responsibility: Clarify that residents are responsible for pet-related damage.

• Service & Assistance Animals: These are not treated as pets. Requests should be handled separately and consistently.
  
  

Lead & Environmental Hazards:

Environmental disclosures must be provided in writing and retained in the lease file.

• Written Disclosures: Provide required environmental disclosures at move-in (see list below).

• Acknowledgment: Obtain resident signatures acknowledging receipt.

• Retention: Keep signed copies in the resident file for the duration of tenancy.

• Ongoing Maintenance: Encourage residents to promptly report water intrusion, mold-like conditions, or pest activity.
  
  

EBRHA Forms, Addenda & Disclosures (When/Why to Use):

• Move In/Out Checklist — Document move-in condition with photos; protects both parties in deposit disputes.
  

• Guarantor Addendum — Use when a renter needs a co-signer; creates legal responsibility for rent/damages.

• Asbestos Disclosure Addendum — Required if asbestos is present/suspected in older buildings; liability protection.

• Mold Booklet + Mold and Maintenance of Premises — Educates renters and assigns duties to report/prevent mold. Required by CA law

• Disclosure of Lead-Based Paint (Known/No Known Problem) + Lead Booklet — Discloses hazards and educates renters. Required by Federal Law for pre-1978 housing

• Bed Bug Addendum— Prevention and reporting responsibilities. Required by CA law
  

• Carbon Monoxide & Smoke Alarm Addendum — Confirms devices installed and working. Required by CA law
  

• HUD Fair Housing Disclosure — Educates renters on protections; reinforces compliance.

• Covenants, Conditions, and Restrictions (CC&Rs) Addendum — Required if governed by HOA rules; renter acknowledgment.

• Family Child Care Home Provider Addendum — Protects licensed childcare rights. Required by CA law if applicable

• Notice of Resident Intent to Vacate — Protections for survivors of DV/SA/stalking; aligns with state/federal protections.

• Open Flame & Cooking Device Addendum — Fire-safety limitations (candles, grills).

• Parking Agreement (Optional) — Assign or modify parking rights.

• Pet, Service, or Assistance Animal Addendum — Rules and deposits for pets; assigns responsibility for pet-related damage.

• Pool, Spa & Hot Tub Addendum — Safety and maintenance responsibilities for water amenities.

• Positive Credit Reporting Addendum — If rent payments will be reported; encourages on-time payment.

• Resident Environmental Advisory Guidelines  — Booklet (asbestos, radon, lead, etc.). Required by CA law
  

• Rules and Regulations — Custom property rules (quiet hours, trash, parking).

• Satellite Dish / Antenna Addendum — Regulates installation; prevents property damage.

• Statewide Notice of Exemption- AB 1482 — Rent caps (e.g., certain newer units/SFHs). Required if exempt from AB 1482

• Waiver & Release of Liability & Indemnity Agreement — Limits liability for specific amenities/activities (e.g., gym).

• Waterbed Agreement Addendum — Permits +½ month deposit. Required by CA law if waterbeds allowed
  
  

Move-In Funds:

• Security deposits are limited under Cal. Civ. Code §1950.5(c) as amended by (AB 12) (effective July 1, 2024):

  • Standard residential tenancies: Maximum of one (1) month’s rent, whether furnished or unfurnished.²

  • Generally applies to housing providers who own no more than two properties with no more than four total units, subject to statutory qualifications.

• All deposits remain refundable and may only be used for lawful deductions described in Cal. Civ. Code §1950.5(b).²

Deposits may only be applied toward unpaid rent, repair of damages beyond ordinary wear and tear, cleaning necessary to restore the unit to the same level of cleanliness, or replacement of housing provider property as authorized by law.²

Required Payment Methods:

Housing providers must allow at least one non‑cash form of payment and may not require cash unless a payment has previously been dishonored pursuant to Cal. Civ. Code §1947.3.³

Move-In Inspection: 

Conduct a Move-In Inspection with the renter using the Move In/Out Checklist and take photos for your records.

Pro Tip:

Use the same move-in checklist format for every unit.

Utilities & Billing:

Utility responsibilities should be clearly explained at the start of the tenancy. Written expectations prevent confusion and reduce billing disputes later.

• Account Responsibility: Clearly state which utilities the resident must place in their own name (for example: electricity, gas, water, trash) and which utilities remain in the owner’s name. (City-specific rules apply)

• Billing Method: If utilities are billed back to residents, explain how charges are calculated. This may include individual submeters, a Ratio Utility Billing System (RUBS), or a pro-rata share of the total building cost.

• Written Disclosure: Provide written notice describing how utility costs are divided, how often they are billed, and when payment is due.

• Local Requirements: Some cities have specific rules regarding utility billing methods. Confirm local requirements before implementing billing systems.

• Late Fees: Late fees for unpaid utility charges may only be applied if clearly disclosed in advance and allowed locally. Apply them consistently.
  
  

⚠ Caution: When utility costs are divided or billed back to residents, the calculation method must be clearly disclosed in the lease or a signed addendum at move-in. Always confirm local requirements before implementing shared utility billing.

Forms Mentioned in this Section:

• California Residential Lease Agreement

• Move In/Out Checklist

• Guarantor Addendum

• Asbestos Disclosure Addendum

• Mold Booklet + Mold and Maintenance of Premises (Required by CA law)
  

• Disclosure of Lead-Based Paint (Known/No Known Problem) + Lead Booklet (Required for pre-1978 housing)
  

• Bed Bug Addendum (Required by CA law)
  

• Carbon Monoxide & Smoke Alarm Addendum (Required by CA law)
  

• HUD Fair Housing Disclosure

• Covenants, Conditions, and Restrictions (CC&Rs) Addendum

• Family Child Care Home Provider Addendum (Required by CA law if applicable)
  

• Open Flame & Cooking Device Addendum

• Parking Agreement

• Pet, Service, or Assistive Animal Addendum

• Pool, Spa & Hot Tub Addendum

• Positive Credit Reporting Addendum

• Resident Environmental Advisory Guidelines (Required by CA law)
  

• Rules and Regulations

• Satellite Dish / Antenna Addendum

• Statewide Notice of Exemption - AB 1482 (Required if exempt under AB 1482)
  

• Waiver & Release of Liability & Indemnity Agreement

• Waterbed Agreement (Required by CA law if waterbeds allowed)

• Notice of Resident Intent to Vacate - Domestic Violence

Circumstances change—roommates join/leave, parking changes, house rules evolve. Document updates to keep the lease enforceable.

EBRHA Forms (When/Why to Use):

• Rental Agreement / Notice of Change of Terms of Tenancy — General lease updates (utilities, new rules, changes in services).

• Parking Addendum (Optional) — Assign or modify parking rights.

• Change of Tenant Agreement – Subtenant(s) — Use when adding/replacing household members or converting a long-term guest into a lawful occupant.

  • Why it matters: Ensures every adult occupant is legally responsible for rent/lease compliance; prevents unauthorized occupancy; strengthens compliance/terminations in just cause cities (e.g., Oakland, Berkeley) where unauthorized occupants complicate cases.
    
    

Pro Tip:

Update emergency contact information when adding or changing occupants.

Notice Requirements:

• Most non-rent changes: 30 days’ written notice.

• For rent increases, see Section 7.
  
  

How to Serve:

• Always attach Proof of Service; follow methods in Section 4.
  
  

Forms Mentioned in this Section:

• Rental Agreement / Notice of Change of Terms of Tenancy

• Parking Agreement / Parking Agreement (Optional)

• Change of Tenant Agreement – Subtenant

• Proof of Service

Covered properties are subject to statewide rent caps and just cause termination requirements under Cal. Civ. Code §§1947.12 and 1946.2.⁴⁵ Local ordinances such as Oakland and Berkeley may impose stricter requirements.

AB 1482 (State Cap):

• For covered properties, annual increases are limited to 5% + CPI (max 10%).

• Exemptions exist (e.g., certain newer units, some single-family homes)—verify and, if exempt, provide the Statewide Notice of Exemption (see Section 5).

• Oakland/Berkeley: Cities such as Oakland and Berkeley impose additional rent adjustment petitions and notice filing requirements that may be stricter than statewide law. Housing providers must follow the most restrictive applicable regulation.
  
  

Rent Payment Methods & Late Fees:

Clear payment rules prevent confusion and reduce disputes. Payment expectations should be set in writing at the beginning of the tenancy and applied consistently.

• Accepted Forms of Payment: Clearly state how rent may be paid (for example: check, cashier’s check, online portal, ACH transfer, or other approved methods). If you require electronic payment, make sure an alternative option is available.

• When Rent Is Due: State the due date and whether you offer a grace period. Be clear about when rent is officially considered late.

• Late Fees: Must be reasonable and disclosed in the lease. They should reflect actual administrative costs, not serve as a penalty. Keep documentation showing how late fees were calculated.

• Receipts: If a resident requests a receipt for rent paid in cash, you must provide one. Keeping copies of all payments protects both parties.

• Consistency: Apply late fees and payment rules consistently. Waiving late fees selectively can create confusion and weaken enforcement later.
  
  

Pro Tip:

We strongly recommend doing annual rent increases to ensure it stays close to the market rate.

Which Notice to Use (EBRHA forms):

• 30-Day Notice of Change of Monthly Rent — Renter in unit < 12 months, increase ≤ 10%.

• 60-Day Notice of Change of Monthly Rent — Renter in unit ≥ 12 months, increase ≤ 10%

  • You will also need to use this form if the resident or ANY renter in the building is on Section 8, or if there are any government loans on the property.
    

• 90-Day Notice of Change of Monthly Rent — Any increase > 10%, regardless of occupancy length.
  
  

Service:

• Always attach a Proof of Service (see Section 4).
  
  

Forms Mentioned in this Section:

• 30-Day Notice of Change of Monthly Rent

• 60-Day Notice of Change of Monthly Rent

• 90-Day Notice of Change of Monthly Rent

• Proof of Service
  
  

• Entry into a dwelling unit requires reasonable written notice except in emergencies under Centry after proper notice may constitute a lease violation supporting at‑fault just cause al. Civ. Code §1954.⁶

• Emergency entry without notice is permitted where necessary to protect life or property pursuant to Cal. Civ. Code §1954(b).⁶

• Refusal of lawful under Cal. Civ. Code §1946.2(b)(1).⁵
  
  

EBRHA Forms (When/Why to Use):

• Notice of Intent to Enter Rental Premises — Required written notice for lawful entry (repairs, inspections, showings); include date, time, and purpose; schedule during normal business hours.

• Inspection Checklist — Document conditions/repairs; great for periodic or turnover inspections.

• Maintenance Request — Standardize renter requests and track completion.
  
  

Habitability & Repairs (Property Owner Duties):

Housing providers are responsible for maintaining habitable living conditions under Cal. Civ. Code §1941 and §1941.1.

• Habitability Standards: Housing providers must maintain essential systems including plumbing, heating, electrical, weatherproofing, structural safety, and pest control.

• Stove & Refrigerator Requirements:

  • A stove and refrigerator must be provided at move-in, and it becomes part of the rental unit and must be maintained in working order.

  • If an appliance fails due to normal use (not resident damage), repair or replacement is the housing provider’s responsibility.

  • The resident can provide their own stove and/or refrigerator, but if they break the owner must provide a replacement within 30-days.

    • The replacement appliance must be functional. There are currently no other requirements.

    • The stove must be properly installed and comply with building and safety codes

    • The appliances must not require unsafe structural modifications

• Urgent vs. Non-Urgent Repairs:

  • Urgent repairs (heat, water, gas, electricity, major leaks, or safety hazards) require prompt attention.

  • Non-urgent repairs should still be addressed within a reasonable timeframe and documented.

• Emergency Entry: Immediate entry without notice is permitted when necessary to protect life or property pursuant to Cal. Civ. Code §1954.
  
  

If a renter refuses entry:

• Do not force entry. Document the refusal (date/time, how refusal occurred).

• Send a follow-up referencing Cal. Civ. Code §1954 and the prior notice.

• Continued refusal may constitute a lease violation / at-fault just cause (see Section 8).

• Emergencies: Immediate entry permitted (health/safety hazard, active leak, fire). Be prepared to justify the emergency if challenged.
  
  

Emergency Procedures:

Emergencies require quick action and clear communication.

• Emergency Definition: Emergencies may include active leaks, fire, gas odors, electrical hazards, or conditions affecting safety.

• Resident Reporting: Provide a clear emergency contact method and instructions for urgent situations.

• Emergency Entry: Immediate entry may be permitted during urgent safety situations.

• Follow-Up Documentation: After resolving the emergency, document the issue and repairs made.
  
  

Pro Tip:

Send a brief follow-up message after repairs are completed.

Forms Mentioned in this Section:

• Notice of Intent to Enter Rental Premises

• Inspection Checklist

• Maintenance Request Form