Writing Your Lease Agreement

Author: Angel Zapien
Expertise: Certified Property Manager, Realtor
writing your lease agreement, close-up of paperwork.

Why a Clear Lease Matters in Santa Clara County

A lease is your rulebook. It sets the rent, who pays which bills, when repairs happen, and what everyone can expect. A good lease prevents stress for both landlord and tenant. It also keeps you in line with California law and any local rules in San José, Mountain View, and nearby cities.

Quick note: This page is general info, not legal advice. If you need legal guidance, talk to an attorney.

What to Include When Writing Your Lease Agreement

  • Who’s on the lease: Full names of every adult resident and contact info.
  • Property details: Street address, unit number, parking or storage spaces.
  • Lease term: Start and end dates (for fixed term) or “month-to-month.”
  • Rent terms: Amount, due date, grace period (if any), and how rent is paid.
  • Security deposit: Amount and what it can cover. In California, most landlords are capped at one month’s rent for deposits on new leases signed on or after July 1, 2024. Some small landlords have a narrow exception up to two months. Check the current rule before you sign.
  • Utilities: Who pays for water, trash, gas, electricity, internet, and other services.
  • Maintenance & repairs: How to report issues, access rules, timelines, and who handles what (for example, light bulbs vs. major plumbing).
  • House rules: Noise, smoking, parking, guests, short-term rentals, and storage.
  • Pets & assistance animals: Pet policies and deposits (if allowed). Remember, assistance animals are not “pets” under fair housing rules.
  • Required disclosures: Lead-based paint for homes built before 1978, mold/pest notices, bed bug addendum, flood/plain-language notices where required, and AB 1482 rent-cap/just-cause notice if the property is covered or to show an exemption.
  • Local rent rules: If your unit is in a city with rent stabilization (for example, San José or Mountain View for certain buildings), include the correct notices and limits.
  • Move-in condition & keys: Check-in photos, checklist, keys/lockbox, and how to request extra keys.
  • Signatures & delivery: Everyone signs; provide a fully executed PDF to all parties.

California Updates Owners Should Know

  • Security deposits (AB 12): For most landlords, deposits are capped at one month’s rent for leases starting July 1, 2024 or later. Some small landlords may collect up to two months. Confirm which rule applies to you before drafting.
  • Rent caps & just cause (AB 1482): Many properties have annual rent increase limits and “just cause” eviction rules. Your lease must include the proper AB 1482 disclosure—either “covered” or “exempt.”
  • Habitability & appliances (AB 628): For leases entered into, amended, or extended on or after January 1, 2026, California requires a working stove and refrigerator. There’s a narrow written opt-out for the tenant to bring their own refrigerator; stoves must be provided.

South Bay–Specific Tips

  • San José apartments: Some units fall under the city’s Apartment Rent Ordinance. Your lease should match the city’s rules on rent increases and notices.
  • Mountain View apartments: Buildings with three or more units built before 1995 may be stabilized. Use the correct annual general adjustment and notices.
  • Single-family homes & condos: Many are exempt from local stabilization, but AB 1482 may still require specific disclosure language. Don’t skip it.

How Zapien Property Team Helps You Write a Strong Lease

  1. Brief call or email: Share the property type, rent, term, pet policy, and any special rules you want.
  2. Local review: We check state law and any city program that may apply (San José, Mountain View, etc.).
  3. Drafting: We write a plain-language lease that fits California rules and your property. We’ll include the right AB 1482 disclosure and other required addenda.
  4. e-Signing: We send for digital signatures and return a fully executed PDF. Digital signing is standard for our team.
  5. Move-in packet: We can add a move-in checklist and photos. If you want our inspection service, we’ll schedule it.

What You Get

  • California-compliant lease agreement in clear language
  • Required disclosures (lead, mold/pest, AB 1482 applicability, and more as needed)
  • e-Sign and executed PDF copy for your records
  • Optional: Move-in photos and inspection to support future deposit accounting

Pricing

Lease Drafting & e-Signing — $899 (flat). If you later want full management, ask us about credits and our popular “Accelerate” and “Prime” tiers.

Real-World Example

Maria owns a 3-bedroom home in Santa Clara. She plans to allow one small dog, wants no smoking, and needs the tenant to handle basic yard care. We draft her lease with: clear pet terms, a simple yard clause, AB 1482 disclosure, and a check-in checklist with labeled photos. At move-out, the photos help her document fair deposit deductions for a damaged screen and missing remote—no drama, no guesswork.

Frequently Asked Questions

Month-to-month or 12-month? A fixed term (often 12 months) gives stability. Month-to-month is flexible but may turn over faster. We can draft either one.

Can I charge first, last, and a deposit? Not anymore for most cases. Under California’s updated deposit law, most landlords are capped at one month’s rent for the deposit. A limited exception lets some very small landlords collect up to two months—ask before you draft.

Pets vs. assistance animals? Assistance animals are not “pets” under fair housing rules. Your lease should reflect this and include a process for reasonable accommodation requests.

What about appliances? For leases entered into, extended, or amended on or after January 1, 2026, a working stove and refrigerator are required statewide (with a narrow written opt-out for the refrigerator only). Plan your lease and marketing accordingly.

Helpful Resources

Related Services We Offer

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Contact Zapien Property Team  |  Call (408) 618-1827  |  Email [email protected]

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