Owning a rental property in San Rafael can be an excellent investment—but without a solid lease, it can also turn into an expensive game of “what went wrong?”
With strong tenant protections and strict regulations in place, landlords need more than good intentions—they need airtight agreements.
Whether you're renting out a charming unit in Terra Linda or a downtown duplex, your lease is your first line of defense. This article covers the essential lease terms every San Rafael landlord should include to protect their property, avoid legal headaches, and keep things running smoothly.
Key Takeaways
- A well-drafted lease agreement is essential to protecting your property and legal rights as a landlord.
- San Rafael landlords must ensure lease terms comply with California landlord-tenant laws and local ordinances.
- Key clauses to include: rent due date, late fees, security deposit handling, maintenance responsibilities, subletting, and other relevant terms.
- Partnering with a professional property management company can help ensure your lease is legally sound and enforceable.
1. Rent Payment Terms
Clear rent payment terms help avoid confusion and promote responsible tenancy from the start. Your lease should state the rent amount, due date, and accepted payment methods—whether it's by check, ACH transfer, or an online portal.
Be sure to include a reasonable late fee (usually 5% to 10% of the monthly rent, as allowed under California Civil Code §1671) and consider adding a 3–5 day grace period to give tenants a fair buffer before fees apply.
2. Security Deposit Clause
California law limits security deposits to two months’ rent for unfurnished units and three months for furnished ones.
Your lease should clearly state the deposit amount, the conditions under which deductions can be made—such as unpaid rent or damage beyond normal wear and tear—and note that the deposit must be returned within 21 days after the tenant vacates the premises.
To help prevent disputes, it’s a good idea to document the property’s condition with a checklist and photos before move-in.
3. Maintenance and Repairs Responsibilities
San Rafael landlords must keep rental units “habitable,” which means providing essentials like working plumbing, heating, and a pest-free environment, as required by California law.
Your lease should clearly outline which repairs you’re responsible for—such as structural issues or major systems—and which minor tasks tenants must handle, like changing light bulbs or unclogging toilets.
Also, include how tenants should report repairs, along with emergency contact info and expected response times.
4. Occupancy Limits and Subletting Policy
Protect your property from misuse and potential liability by clearly defining who is authorized to reside there and whether subletting or short-term rentals are permitted.
Recommended clause elements:
- Only individuals listed on the lease are permitted to reside in the property.
- Subletting, including using Airbnb, requires written approval from the landlord.
- Visitors may not stay beyond a specified number of days (e.g., 14 consecutive days or 30 cumulative days per year).
This is especially important in areas like San Rafael, where overcrowding can violate local ordinances or homeowner association rules.
5. Lease Duration and Renewal Terms
Specify the lease length (e.g., 12 months) and automatic renewal conditions. If you plan to move to a month-to-month arrangement after the fixed term, please specify this explicitly.
Also include:
- Notice periods for non-renewal (California typically requires 30 to 60 days, depending on how long the tenant has lived there).
- Rent increase notice requirements (60 days for increases over 10%)
6. Rules on Alterations and Property Use
To preserve your property's condition, clearly prohibit unauthorized alterations such as painting, installing shelves, or replacing flooring without permission.
Your lease should clearly outline any prohibited uses of the property, such as running a business from the unit. It’s also essential to include noise restrictions—especially in multifamily buildings or HOA communities—to help prevent complaints.
If pets are allowed, be specific about any breed or size limits, required deposits, and who is responsible for cleaning or damage caused by pets.
7. Entry and Inspection Rights
Under California law, landlords must give at least 24-hour written notice before entering a rental unit for things like repairs, inspections, or showings.
Your lease should clearly outline these rules, including valid reasons for entry, the required notice period, and the circumstances under which emergency access without notice is permitted. This helps set expectations and protect everyone’s rights.
8. Lease Termination and Early Exit Conditions
To avoid confusion and protect both parties, your lease should clearly outline the circumstances under which tenants can terminate the lease—for example, due to military service or domestic violence protections.
It should also specify the amount of written notice required, whether any early termination fees apply (and if so, whether they are reasonable), and under what conditions you, as the landlord, can terminate the lease. Make sure these terms follow California’s Just Cause eviction rules under AB 1482, if they apply to your property.
9. Dispute Resolution and Attorney Fees
To help avoid costly court battles, consider adding a clause that requires mediation or arbitration for resolving lease disputes.
Your lease should also state that the prevailing party in any legal action may recover attorney's fees, and that any legal disputes will be handled in the local courts, such as those in Marin County.
Lock It Down: Why a Strong Lease Is Your Best Rental Shield
Let’s face it—a handshake and good vibes won’t cut it in San Rafael’s rental market. Without a strong lease, you’re basically inviting trouble in, offering it coffee, and letting it crash on the couch.
A well-written lease is your rental property's security system—it sets the rules, manages expectations, and keeps you out of courtroom drama that feels more like a soap opera than real estate.
Every smart clause you add—from rent deadlines to who fixes the leaky sink—is like adding armor to your investment. And with California’s maze of tenant protections, you can’t afford to wing it or borrow that dusty lease template from 2008.
Ready to turn your lease into a force field instead of a flimsy suggestion? Let Prandi Property Management handle the fine print with legally sound, Marin County-ready agreements that keep you protected and profitable.
Call us today—hoping for the best is nice, but having a bulletproof lease is even better!
FAQ
1. Can I charge a late fee if a tenant doesn’t pay rent on time in San Rafael?
Yes, but it must be reasonable. California law generally permits late fees of between 5% and 10% of the monthly rent. The amount must be clearly stated in the lease.
2. How much security deposit can I collect in California?
For unfurnished units, up to 2 months’ rent; for furnished, up to 3 months’ rent.
3. Do I need to allow subletting?
No. You can prohibit subletting in your lease or require prior written approval. Be sure to clearly state your policy.
4. Can I evict a tenant at the end of a lease without cause?
In many cases, no. Under California’s AB 1482, if your property is subject to rent control or "just cause" laws, you must have a legal reason to terminate a lease, even after it expires.
5. What if a tenant damages the property?
You can use the security deposit to cover repair costs, provided the damage goes beyond normal wear and tear. Always document the damage and provide an itemized deduction statement within 21 days of move-out.
Additional Resources
Pets vs. Emotional Support Animals vs. Service Animals: What San Rafael Landlords Need to Know
Tenant Background Checks Made Easy: A Landlord's Guide to Screening Rental Applicants
