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Now available: New and revised CAA forms for 2019

Thursday, December 20, 2018   (0 Comments)
Posted by: Lee McEachern
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To help rental housing professionals prepare for the new year, the California Apartment Association has updated all its rental forms and instruction sheets. The association also has published a pair of new forms for members to use in 2019.

CAA’s Compliance Committee made these changes based on new laws, member requests and questions submitted through CAA’s Landlord Helpline.

All new and revised forms are accessible through our rental forms page.

Here is a list of the forms with major revisions, as well as the newly published forms:

Forms 2.0/2.1: Rental/Lease Agreement (Updated): This form was revised to allow third-party rent payments as required by a change in California law. The section identifying the parties and the signature block was revised to clarify who should be identified as the landlord and who signs when the owner is represented by an agent.  Additional revisions to the forms included: clarification of the agent for service of process and person authorized to manage the property, security deposit due date options, payments prior to transfer of possession, consequences of holding over, fireworks ban, and allocation of tenant payments. Changes to the instruction included: information regarding destruction of the premises/tenant fault, right of entry to inspect balconies and decks as now required by law, and provisions related to electronic payments and payments by mail.

Form 3.0-R: Application with Screening Fee Receipt (Updated): This form was updated in September 2018 to comply with the California Supreme Court ruling in Connor v. First Student, which held that unlawful detainer reports and criminal background checks are subject to the more stringent requirements of the Investigative Consumer Reporting Agencies Act (ICRAA).

Form 3.6: Certification to Investigative Consumer Reporting Agency (New): This form was created to help CAA members comply with the ICRAA. It is a form used to certify the landlord’s compliance with the law, so that the agency will release the applicant’s report to the landlord.

Forms 4.0 and 11.1 Three Day Notices (Updated Instructions): The instructions for these forms now include information about a change in the law that will take effect on Sept. 1, 2019. Starting that day, tenants will have three court days to come into compliance with a three-day notice and five court days to respond to an unlawful detainer summons and complaint. Previously weekends and holidays counted as “days,” and the time to comply was only extended if the courts were not open on the third day. Under the new law, weekends and holidays will not be counted in determining the time to comply.  For example, a tenant served a three-day notice to pay rent or quit on a Friday will have through the following Wednesday (assuming Monday is not a holiday) to pay the past-due rent or move-out, rather than Monday.

Form 7.2 Extension of Termination (Updated): When a tenancy is about to terminate, this form allows the tenant to stay a while longer, without creating a new month-to-month tenancy or lease. The revisions include deadline options for the payment of the extension rent, a time limit on the extension, and additional clarifications in the form and cautions in the instructions.

Form 19.0 Notice of Entry Balcony Inspection (Updated): The balcony and deck inspections that are now required by California law to be conducted by 2025 for certain properties have been added as an allowed reason for entry.

Form 20.0 Notice of Change of Landlord, Management Company and/or Agent for Service of Process (Updated): This form was revised so that it could also be used when the owner changes management companies or the agent for service of process. Previously, it was designed only to the provide notice of change of ownership.

Form 21.3 Response to Tenant’s Defective Notice (New Form): This new form gives the landlord several options when responding to a tenant’s notice of termination of a month-to- month tenancy that was not provided in writing, was not served correctly, or did not provide 30 days’ notice.

Form 40.0 Water Conservation Addendum (Updated): This form has been revised because the State of Emergency due to the drought is no longer in effect.

Forms 41.0 Guarantee of Rental/Lease Agreement(Updated) and Form 41.5Third-Party Payor Agreement(Updated): These forms were revised to comply with California law, which now requires a landlord to accept rent payments from third parties who provide a specified acknowledgement.

Forms 45.0 Notice of Non-Renewal (Updated) and 45.1 Notice of Expiration of Lease and Non-Binding Proposal for Renewal (Updated): These forms are for use when a fixed term lease is ending. Form 45.1, which was previously titled “Notice of Offer to Renew,” has been revised to clarify that the renewal options provided by the landlord are not binding until the tenant requests renewal and the owner agrees. These forms were previously designed as “sample letters” but have been reformatted as “forms.”

Terminology Revision to All Forms: “Landlord” Replaces “Owner/Agent.” Consistent with the revision to the Rental/Lease Agreement, all of CAA’s forms now use the term “landlord” to refer to the person or entity that leases the property to the tenant. Many CAA members were confused by the term Owner/Agent, using the more conventional term “Landlord” is intended to reduce this confusion. The terminology change should not, in most situations, require members to change their established policies for how they fill out the Rental/Lease Agreement. More information about the person or entity that should be identified as the Landlord can be found in the instructions provided for the Rental/Lease Agreement (Forms 2.0 and 2.1).

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