Forms include rental application, cover new e-bike storage and ‘just cause’ laws

To help rental housing professionals prepare for the new year, the California Apartment Association has updated its rental forms and accompanying instructions. The association also published many new forms for members to use to comply with SB 712, the new law relating to residents’ storage and charging of personal micromobility devices (e.g., e-bikes, e-scooters, etc.), among other things. CAA staff created and update forms based on new laws, member requests, and questions submitted through CAA’s Landlord Helpline. Spanish translations will be available soon.

CAA also has published the 2024 annual supplement to CAA’s Managing Rental Housing Book (10^th edition).

All new and revised forms are accessible through CAA’s rental forms page. For a complete list of forms that underwent substantial changes, see the 2024 Forms Change Chart.

Forms with major revisions, as well as new forms, include:

Forms CA-001 and CA-002: Application to Rent (Updated): These forms were revised to allow for the option of providing a receipt for tenant screening and/or credit check fees to the resident by e-mail as may be permitted under California law. The section of the form relating to an applicant’s credit history has undergone a significant revision to provide an option to applicants who receive a government rent subsidy (including, but not limited to, Section 8 vouchers) to provide lawful, verifiable alternative evidence of their reasonable ability to pay their portion of the rent instead of having the landlord consider their credit history.

Forms CA-040, 041, 042 and CA-043: Rental/Lease Agreements (Updated): New laws, member requests and concerns led to the revision of these forms. Specifically, the utility section was updated to make clear that in the event the resident prematurely terminates their tenancy and vacates before the expiration of the term of the agreement, the resident shall remain responsible for the payment of all utilities for the rental unit for the balance of the rental term or until the unit is re-rented, and that residents are prohibited from running extension cords from the interior of the building to the exterior of the building or rental unit for any purpose. The parking section was updated to prohibit vehicles with PNO (Planned Nonoperation) status or that that are leaking floods from being parked/stored on the property. Further, sections were added to: (i) comply with the new law relating to the storage and/or charging of personal micromobility devices on the premises; (ii) prohibit residents from installing any security devices (e.g., video doorbells) that capture any images and/or sounds outside the rental unit without the landlord’s prior written consent; and (iii) to clarify that any characterization in these forms that a resident’s failure to comply with a particular provision is a substantial or material breach does not limit a landlord’s right to argue that other breaches of the agreements are substantial or material. Finally, the addenda section was updated to include our newly published addenda forms.

All instruction sheets explain the changes in the law, effective July 1, 2024, that cap security deposits to one month’s rent regardless of whether the rental unit is unfurnished or furnished, with a narrow exception for “small” landlords. More information about the “small” landlord exception can be found in the instructions provided for these forms.

Forms CA-102, CA-162, CA-340 and CA-341: Forms for Compliance with New Law SB 712 Relating to Storage/Charging of Personal Micromobility Devices on the Premises (New): These new forms were created to help CAA members comply with SB 712, the new law relating to residents’ storage and charging of personal micromobility devices (e.g., e-bikes, e-scooters, etc.), which goes into effect on Jan. 1, 2024.

Form CA-044: Additional Residents Signature Addendum (New): This form was created for members to use in the event where more than three residents are to be named in the Rental/Lease Agreement since the Agreement only contains signature lines for three residents to sign.

Form CA-097 and CA-260: Forms for Compliance with the Owner Move-In “Just Cause” Under AB 1482 (Updated): Form CA-260, Notice of Termination Due to Owner Move-In, has been revised to reflect changes in the law, effective April 1, 2024, that limit the types of owners who may use the owner move-in basis for terminating the tenancy and requires the intended occupant to move-in and remain in occupancy of the rental unit in compliance with specified timeframes. The instructions for both forms now include a caution explaining the changes in the law that go into effect on April 1, 2024.

Form CA-100: Temporary Rent Payment Discount Addendum (Properties Subject to AB 1482 Rent Caps or Exempt from State and Local Rent Control) (New): This new form may be used when offering a temporary monetary discount, incentive, concession, or credit (typically offered to prospective residents as an inducement for them to sign a lease agreement and move into the property) and the property is either subject to AB 1482 rent caps or is exempt from AB 1482 and local rent control measures.

Form CA-212: Service Animal Policy Addendum (New): The purpose of this new form is to: (1) have a resident who has represented an animal to be a service animal, or service animal in training (not to be confused with a “support animal”), certify that the animal meets the legal definition of a service animal, and (2) specify the rules governing the presence of service animals on the property.

Form CA-262: Voluntary Lease Termination Offer & Acceptance, Termination Agreement and Mutual Release (New): In response to many member requests and questions, this form was prepared for use when a resident desires to prematurely terminate their lease prior to the expiration of their current lease term without a legally justified reason for doing so without penalty, and the landlord agrees to permit the resident to do so, subject to certain terms and conditions as set forth in this form. 

Form CA-338: Incident/Complaint Report (New): This form was created to allow a resident, vendor, staff, neighbor, guest, or other person to report any incidents that they want to alert the landlord or landlord’s staff of. The form’s purpose is to help develop a record of what occurred as soon after the event as is reasonable.

Form CA-339: Proof of Service (For use with forms without included Proof of Service) (New):  In response to member requests, the association now publishes a standalone proof of service form that can be used to document the service of a form from which either CAA does not offer a form, or the law mandating the service of that form does not specify a required method of service.

Forms CA-421 and CA-422: Forms for Compliance with CARES Act (Updated): In April 2023, the association revised their CARES Act termination notices for nonpayment to provide residents 30 days to either cure their nonpayment violation or quit. Previously, these forms mandated that residents resolve their nonpayment default within three days or quit within 30 days. More information about the reason for such revisions to these forms can be found here.

San Diego Just Cause: Forms and information for compliance with San Diego’s new “just cause” eviction ordinance are available here.

Santa Ana Forms: Forms and information for compliance with the City of Santa Ana’s Rent Stabilization and Just Cause Ordinance that imposes “just cause” requirements on evictions for most residents that occupy a rental unit for 30 days or more are available here.