To help housing providers stay compliant with new laws taking effect in 2026, AOA has updated several of its core rental forms. Keep in mind that multiple attorneys, from across the state, review and advise us in the revision process. The most significant changes were made to the 2026 AOA Lease Agreement (Form 101), 3-Day Notice (Form 103), and Rental Application (Form 100A). These updated forms are now available in your member account under the “Forms” tab. City-specific lease agreements should all be ready by the end of the year. Editable, auto-populating versions of the AOA Rental Agreements (Form Series 101) will be available in the “My Letters and Forms” section of AOA’s property management software within the next few weeks.
1. Changes to the AOA Lease Agreement
New Appliance Requirements Under AB 628
AB 628 clarifies and expands a housing provider’s obligation to supply essential kitchen appliances as part of habitability of the unit. Beginning in 2026, landlords must provide and maintain a working stove and refrigerator in residential rental units.
To address this change, AOA updated Section 14 of the AOA Lease Agreement to clearly reflect the landlord’s responsibility while also allowing flexibility. The revised language permits a renter to request the use of their own refrigerator. When this option is selected, the lease specifies that the tenant, not the landlord, is responsible for keeping their personal refrigerator in good working order. This added language helps avoid confusion and potential disputes down the road.
Security Deposit Updates Under AB 414
AB 414 introduces important updates to how security deposits may be returned and how the required accounting is delivered. Sections 4 and 42 of the AOA Rental Agreement were updated to comply with these changes.
First, the law allows housing providers, in tenancies with multiple adult occupants, to return the security deposit by a single check made payable to all tenants, rather than issuing separate checks.
Second, AB 414 permits the security deposit disposition letter (itemized statement of deductions) to be delivered by email, provided there is a written agreement between the owner and renter.
Late Charge Language Clarifications
The Lease Agreement section addressing late charges has been refined to better define administrative costs associated with late or failed payments. The updated language reinforces that these costs are difficult to calculate precisely and clarifies how they are treated under the lease, while still deferring to any applicable state or local laws that may limit or prohibit such charges.
2. Changes to the AOA 3-day Notice to Pay Rent or Quit
In addition to updates to the AOA Rental Agreement, AOA has revised its Three-Day Pay-or-Quit notices to clearly state the exact expiration date, in accordance with the Eshagian v. Cepeda court ruling. The ruling emphasizes that tenants should not be required to calculate the notice deadline themselves. Although there are clear instructions on how to calculate the date in the form, please seek help if you are not sure about the calculation.
Attorneys have varying opinions about whether or not the expiration date of the notice should be included in the notice. We are concerned that some housing providers may enter an incorrect expiration date, nullifying their eviction proceeding. While this requirement creates another compliance “landmine” for owners, we believe it is a better option than losing in court because the expiration date was not listed at all.
Additional revisions were also made to comply with Section 8 notice requirements in certain Bay Area cities, helping housing providers avoid procedural errors that could delay enforcement. Those changes should be posted before the end of the year.
3. AOA Rental Application and Rental Criteria Updates
The Rental Application (Form 100A) and Rental Criteria (Form 100Q) have also been updated. Small changes were made to keep up with the times. Please remember to use the “Background Check Disclosure Authorization Form” (Form 100D) if you are running a credit or any other type of background check. Neglecting to include Form 100D could expose you to unnecessary risk.
All of these updates are designed to protect the AOA family (YOU!) by helping you comply with increasingly complex rental regulations. Members are encouraged to download the newest versions of AOA forms and delete any outdated versions you may have on your computer or in your office.
From the team at AOA, we want to wish you a happy Hanukkah and a very merry Christmas!
Best regards,
Jeff Faller, President
Apartment Owners Association of California, Inc.