How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

As a landlord renting a house in Southern California

Customer Question

As a landlord renting a house in Southern California (Carlsbad,92009) that was just completely renovated I am starting to lease the house. I am using California Association of Realtors (C.A.R Form LR, Revised 12/15) as supplied by my listing agent.
I have some special materials used in construction, so I wrote an addendum to the standard that listed special care instructions and precautions for features of the house. Example: Cautions for the roofing - "don't walk on it," etc.
My intent was to supplement the vague information with instructions that provide specifics on certain parts of the house.
But I didn't want to undo basic protections in the lease. So at the top of the addendum it states, "This addendum contains supplementary information to augment the Residential Lease Agreement. In particular this addendum supports the provisions in Paragraphs 3, 11, 17 and 42." I did this so that if we have any issue that ends up in court, that the lease takes precedence over the addenda.
regarding: P3-RENT (addenda lists my electronic bank ABA, account #), P11 - MAINTENANCE AND USE REPORTING. P17 - ALTERATIONS; REPAIRS, P42 - OTHER TERMS & CONDITIONS.
Would you be in position to review the documents and furnish an opinion?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

First let me say that in addition to being an attorney, I have also been a landlord for over 26 years... So I can definitively tell you that any addendum that you incorporate into the lease contract will be valid and enforceable as long as it doesn't conflict with state law. You can be more or less restrictive, but you can't directly conflict..

.

So for example you can't put an addendum that says "security deposit is non-refundable", as that violates state law. But you can put in a clause that states that you will give someone a 5 day notice to pay rent when late, rather than the 3 day required by law..

.

With that said, if you would like to upload the lease, I am happy to take a look and comment.

.

.

thanks

Barrister

Customer: replied 3 months ago.
Here are the documents
Expert:  Barrister replied 3 months ago.

To be very honest with you, that is probably the most comprehensive Addendum I have ever seen in a residential lease and not only informs the tenant as to how systems operate, but also why. I see absolutely nothing that would conflict with state law in it and it provides as very thorough and easily understood "guide" to living in the dwelling.

.

So yes, everything is completely enforceable and the only minor detail I might change is to bold and underline important areas rather than highlighting them as they tend to stand out better in bold/underline.

.

The only problem that I foresee is getting a good enough tenant who will honor all the requirements... but that is a problem every landlord faces...

.

.

thanks

Barrister

Expert:  Barrister replied 3 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

.

However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

If you have further questions, I am happy to address them on the JustAnswer website..

.

.

thanks

Barrister

Customer: replied 3 months ago.
Great we'll cancel the phone call - here's my followup that you can answer in this conversation window or email instead. Is it clear that the addendum is subordinate to the lease agreement? Is the non-guarantee of the icemaker an issue. Does this addenda nullify basic protections for the landlord that are specified in the lease?
Expert:  Barrister replied 3 months ago.

Is it clear that the addendum is subordinate to the lease agreement?

.

To me it seems complimentary, not subordinate.. So it doesn't take anything away from the lease, it just adds to it and helps further explain what is expected under the lease.

.

Is the non-guarantee of the icemaker an issue.

.

And no as long as you put it in writing and the tenant agrees to it by signing, you can disclaim liability for any appliances or functions of appliances providing that disclaimer wouldn't affect any other duties you have by law. Another for example....you can't disclaim liability for the water heater because you have a statutory duty to provide reasonable amounts of hot water..

.

So yes, telling the icemaker may or may not work is fine and they take it as it is with no implied or express warranties.

.

Does this addenda nullify basic protections for the landlord that are specified in the lease?

.

And no, again, this is just supplemental, it doesn't affect any of the basic protections or provisions in the basic lease contract.

.

.

thanks

Barrister

Related Real Estate Law Questions