Memorandum of Lease (California)This memorandum of lease form may be used to record the material terms of a lease of California real property.
This Memorandum of Lease may be used to record the material terms of a lease of California real property. One of the main purposes of recording the material terms of a lease is to provide notice of the lease to subsequent prospective lessees, purchasers, and mortgagees of the underlying building, or any parties challenging the existence of the lease.
Although open, continuous, and readily determinable occupancy of the leased premises will satisfy the California constructive notice law, the practice of recording a memorandum of lease dispenses with any requirement that the owner/landlord or tenant (whichever interest is being challenged) provide evidence demonstrating that the notice law has been satisfied and also serves as constructive notice of the lease to such parties.
The memorandum of lease should be recorded in the county where the real property is located. To be recorded, a memorandum of lease must have at least a ½” margin on the two vertical sides, and have 2 ½” on the top of the first page with the left-hand 3 ½” of such space showing the name of the person requesting recording and the name and address to which the document is to be returned following recording. Cal Gov Code § 27361.6. It must be on 8 ½” by 11” paper. Cal Gov Code § 27361.5. The printing must be spaced nine lines per vertical inch or 22 characters, and spaces per inch must measure horizontally three inches in one sentence. Cal Gov Code § 27361(a)(1). The title should appear below the space reserved for the recorder. Cal Gov Code § 27324. Note that there are additional recording requirements in certain counties.
This document may be tailored to suit each transaction.