Residential lease clauses

4 Replies

What are some of the clauses you use for your residential leases? I am working in a new rental and plan to include a clause for pests. We will only cover one extermination and the tenant is responsible for any others needed. I also plan to add clauses that we are only responsible for fixes that effect the home and not tenant caused damages. We keep getting calls for stopped up sinks that are a result of grease or rice being allowed down the drains. What other clauses do you use in your leases? I’m in California.

Any appliances contained in the Premises are provided for the Tenant’s convenience. Landlord does not warrant the fitness or uninterrupted use or enjoyment of such appliances by Tenant. Any interruption of Tenant’s use and enjoyment of such appliances shall not constitute “constructive eviction,” nor form the basis for any defense, set-off or counter claim by Tenant.

Tenant agrees to pay as additional rent an amount of no less than $200 per visit or the actual cost of service invoiced by a third party plus $50, whichever is greater, if a tenant-initiated service visit is performed and the request is deemed to be frivolous or without merit.

Charges for service/repairs performed where the tenant has been determined to be liable/at-fault for such charges by [Landlord/PM] shall be due and payable in full upon the next rent due date as additional rent.

No smoking is permitted on the premises, including outdoors within the property's limits.

@Cat R. , Sorry to be a naysayer, but we live in tenant-friendly California.  Good luck with your extermination clause for rentals in California.  California generally makes pest/vermin control the landlord's responsibility, unless you can prove that the pests/vermin were caused or invited by the tenant.  See Civil Code section 1941.1 here.

Originally posted by @Bryan Zuetel :

@Cat R., Sorry to be a naysayer, but we live in tenant-friendly California.  Good luck with your extermination clause for rentals in California.  California generally makes pest/vermin control the landlord's responsibility, unless you can prove that the pests/vermin were caused or invited by the tenant.  See Civil Code section 1941.1 here.

Thank you Bryan. The last time my father evicted a tenant, they tried telling the judge that they had roaches and my dad said when they moved in it was bug free. He hired an exterminator and a few months later, the tenant had roaches again. My dad showed pictures of the way the property was kept and thus, won on the grounds tht the tenant was not complying with cleanliness nor the advise of the exterminator about keeping the place clean and free of clutter and food around the house. 

The judge told the tenant that the landlord is obligated to hire an exterminator only once and the tenant is to maintain from there. If pests continue, that is tenant responsibility.