New AOA Forms
In our continued attempts to make your job as a landlord easier, AOA has designed the below forms for your immediate use:
- 100S – Applicant Screening Process – to be used as a thorough applicant screening tool for organization and record-keeping
- 100GC – Guest Card – information card for new applicants
- 106A – 90 Day Notice to Change the Terms of Tenancy – to raise rent, change terms
- 119A – Resident Manager Monthly Time Report – always have your resident manager turn in hours worked to protect yourself from future lawsuits
- 132 – Maintenance/Repair Request Form – easy tenant reporting and easier record keeping
- 136 – Tenant Warning Notice – a courtesy notice to be used before serving a 3-Day Notice to Cure the Violation or Move-Out
- 137 – 30-Day Notice of Intent to Vacate – to give to tenant to complete when you only receive a verbal notice that they intend to move
- 138 – Notice for Rent to Be Paid in Cash Only – to be used only when payments are not honored by the bank, i.e. non-sufficient funds
- 149 – Mold Addendum to Lease – for use with all new leases
Application Screening Fees
California Civil Code Section 1950.6 requires that you give or mail each applicant a receipt itemizing your credit check and screening fees. AOA Form 147 – Receipt of Application Screening Fees should always be used for this purpose.
Rejecting an Applicant
The Fair Credit Reporting Act requires that you notify your tenant in writing if their application to rent is denied as a result of information obtained from a credit reporting agency or any other third party. This notice must contain specific information – use AOA’s Form 140 – the Tenant Rejection Notice for all applicants that you reject.
When executing an AOA Rental Agreement with your new tenant(s), it is recommended that you also consider including the below forms as addendums:
- The EPA lead-based paint booklet “Protect Your Family” (required by law- give to all new tenants)
- AOA Form 131 –Enter/Exit Checklist
- AOA Form 110 – Smoke Detector and Carbon Monoxide Addendum
- AOA form 108 – House Rules
- AOA Form 109 – Pool Rules
- AOA Form 148 – Bedbug Addendum
- AOA Form 121 – Pet Agreement (if applicable)
- AOA Form 122 – Comfort/Service Animal Agreement (if applicable)
- AOA Form 146 – Satellite Dish Addendum
- AOA Form 198 or 123 – Smoke Free Addendum to Lease
- AOA Form 149 – Mold Addendum to Lease
Tenant Move-Out Inspections
Your tenants have a legal right to request an Initial Final Inspection of the premises. They may be present at the Initial Final Inspection, however, the inspection must proceed whether they are present or not.
An owner or the owner’s agent must perform the inspection after giving tenant at least 48 hours notice of the date and time of the proposed entry, unless such notice has been waived, with the purpose of preparing an itemized statement for: 1) Cleaning, 2) Damage Repair, 3) Personal property or appurtenances, replacement, or return any personal property as itemized by Owner/Agent.
Your tenants may request a mutually acceptable date and time for the inspection, however, the inspection must take place no earlier than two weeks prior to the termination of the tenancy. FAILURE TO GIVE YOUR TENANT(S) AN OPPORTUNITY TO REQUEST THE INITIAL MOVE-OUT INSPECTION COULD RESULT IN HAVING TO RETURN THE ENTIRE SECURITY DEPOSIT WITH ADDITIONAL MONETARY DAMAGES. Please be sure to utilize AOA’S Form 135 – the AB2330 Walk-Through / Initial Move-Out Inspection forms with each of your vacating tenants.
Return of Security Deposits
Return of the security deposit and an itemized form listing deductions, along with receipts of all repairs over $125 must be returned to the exiting tenant within 21 days of the actual move-out date. Use AOA’s form 133- Security Deposit Refund Letter to comply with this law. Failure to do so could result in having to return twice the amount of their security deposit and/or additional penalties.
AOA Members may visit our web site at www.aoausa.com to view or download all of the above forms and more. If you’d like to suggest a form that is currently not on our list, please email [email protected] with your suggestions.
Patricia A. Harris is Senior Editor of the Apartment Owners News & Buyers Guide. 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.