Legal Question in Real Estate Law in California

Re: Renter Agreement

Do you have YOUR copy? That's the one I'd be concerned about. If you have yours, just make a photocopy of it for the landlord.

If you also don't have a copy, it would be OK to execute a replacement agreement, and each of you keep a copy signed by the other, but I'd make darn sure that it is clearly indicated on both copies that this is a replacement contract, and that the prior contract is superseded by this one.

Make sure that every term of the replacement contract is acceptable to you, including the effective and ending dates, rental rate, the amount of any deposit you've given the landlord, and so forth. The obvious danger here is that the replacement contract may not be as favorable to you as the "lost" one!

Since some tenants' rights depend upon the total length of tenancy, maybe the new agreement should also indicate the date the tenancy began.

Re: Renter Agreement

DON'T EVEN THINK OF SIGNING A SECOND CONTRACT!! IF YOU HAVE YOUR COPY, DO WHAT MR. WHIPPLE SAID AND PROVIDE A COPY OF THAT TO THE LL. IF YOU DON'T HAVE YOUR COPY, AND YOU SIGN A NEW CONTRACT, YOU ARE ESSENTIALLY CREATING A NEW LEASE. IF YOU WANT TO GO THAT ROUTE, BE CAREFUL!