Are you using all of the rental forms as required by California state law and if so, are you also using the most current and up-to-date forms? AOA forms are reviewed by attorneys and when laws change, our forms change. If you’re not using the most current versions of the FREE AOA forms, NOW IS THE TIME to start taking advantage of this great service.
Besides the most commonly used Rental Agreement, Application to Rent or Lease, 3-Day, 30-Day and 60-Day notices, AOA provides all of our members with many other FREE downloadable forms to assist you throughout all the stages of the rental process.
To view our complete list of forms, please go to www.aoausa.com and see FORM 150, AOA RENTAL FORMS. AOA’s forms are available to you 24 hours a day, seven days a week by logging in the “Member’s Only” area on www.aoausa.com. You may choose to download them, however, for your convenience, AOA forms may be filled out online with Adobe Reader and then printed – ready for service or signatures. This time-saver is so convenient – many of our members love this feature.
To ensure that you are utilizing all of these forms and following required procedures as defined by California law, below please find specifically noted forms which should be used in your everyday practices.
APPLICATION/TENANT SCREENING PROCESS
AOA Form 100A – Application to Rent or Lease
Your AOA Application form provides a space at the bottom of the form to list the screening fee charge for the purpose of running credit, eviction and criminal reports. Be sure to enter in the amount (not to exceed the current maximum allowed) and make certain your applicant signs the form, allowing you permission to run reports.
Note: Check to see that your applicant has completed the form in its entirety and that it is legible.
AOA Form 147 – Receipt of Application Screening Fee
Per California Civil Code Section 1950.6, you MUST give or mail your applicant this receipt itemizing screening fee costs.
Note: State law limits the amount of application fees you can charge prospective tenants. You can only charge actual out of pocket costs PLUS a reasonable value of time spent for checking personal references. The current maximum amount you can charge as of 2013 is $42.41. (AOA’s 4-Star Report which includes a credit check, two eviction reports and a criminal report, is only $15.95! If you subtract that from the $42.41, you can allocate the difference for your time as administrative costs for screening.)
AOA Form 140 – Notice to Applicant
This form is also referred to as the Adverse Action Form or Tenant Rejection Slip and by law, MUST be sent to any applicant who is turned down for not meeting your criteria requirements.
MOVE-IN – LEASE ADDENDUMS
AOA Form 148 – Bedbug Addendum
It is highly recommended that this form accompany all Rental Agreements to protect yourself against any future infestations of bedbugs. By using this form, the tenant is agreeing that you have delivered the premises free of bedbugs and will be held accountable for all fumigation costs should they be responsible for an infestation.
EPA Lead Booklet
Landlords must provide all new tenants with the EPA approved “Protect Your Family From Lead in Your Home” pamphlet. Print this pamphlet which is available FREE to members on the AOA web site, and be sure all new tenants receive and acknowledge receipt of a copy of this in the designated space allotted on your AOA Rental Agreement. You may also purchase hard copies of this booklet from your nearest AOA office.
AOA Form 131 – Enter/Exit Checklist
This form has provided relief for many landlords who use it! Having a signed move-in condition of premises form will help eliminate discrepancies at the time of move-out in regard to charges against security deposits. Make it your habit to always use this form at time of move-in.
AOA Form 110 – Smoke Detector & Carbon Monoxide Detector Agreement
This form is used to validate the presence of and emphasize the tenant’s obligations of maintaining these devices per state law.
Other AOA forms designed for your use for specific move-in circumstances are:
108 – House Rules
109 – Pool Rules
120 – Co-Signer Agreement
121 – Pet Agreement
122 – Comfort/Service Animal Agreement
146 – Satellite Dish Addendum
198 – Smoke-Free Addendum to Lease
200 – Addendum to Rental Agreement for Caregiver
The move-out process forms are crucial not only to conform to state laws, but to expedite your turn-over time and keep you from that time-wasting possible court appearance. AOA highly recommends you utilize the below forms and make them routine at the end of every tenancy.
AOA Form 135 – AB 2330 Walk-Through Move-Out Process
State law requires you to offer a tenant a “pre-inspection” of premises no sooner than two weeks before their move-out date. Failing to follow this procedure could cost a loss of your security deposit and right to repair and deduct. This form provides you with complete instructions, timeframes and the necessary forms to serve to ensure proper procedure is followed.
AOA Form 133 – Security Refund Letter
State law also requires you to send the security deposit refund letter listing deductions you’ve made from the security deposit and a refund check for the remaining balance, if any. AOA’s online form conveniently allows you to simply “fill in the blanks” and get this letter mailed back to your former resident within the required 21 days after the day of move-out.
AOA Form 145 – Notice of Belief of Abandonment
Should your tenant leave personal belongings behind – DO NOT THROW THEM OUT! Always use this form, along with the included detailed instructions to follow the law regarding abandonment of personal property.
AOA recommends you have an attorney draw up a Resident Manager Agreement designed specifically for your building, however, as an option better than none, we also provide AOA Form 119 – Resident Manager Employment Contract. Other available forms include Roommate Addendum, Notice of Intent to Enter Premises, Deposit Receipt and Offer to Rent and a Co-Signer Agreement. And as a few side notes:
- Be sure to keep all original, signed copies of these forms for your tenant files
- Always follow proper procedures for serving notices
Patricia A. Harris is Senior Editor of the Apartment Owners News & Buyers Guide. Copyright April 2013. This article is a general guide and has no legal representation. It is suggested that you contact an attorney for legal advice should the need present itself.