Residential Lease Agreement
This Lease Agreement (the "Agreement") is dated as of _________ (the "Effective Date") and is entered into by and between _________ (the "Landlord") and the following residents:
The landlord and tenant agree as follows:
1. PROPERTY AND OCCUPANTS
A. The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord the real property and improvements described as: _________ (the "Premises") located at _________, _________, California _________.
B. The premises are for the sole use as a personal residence by the Tenant(s) mentioned above only.
The term of this Residential Lease Agreement begins on _________ (the "Commencement Date") and shall terminate on _________ at 1 PM (the "Termination Date").
The Tenant(s) shall vacate the Premises upon termination of the Residential Lease Agreement, unless: (i) the Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement; (ii) mandated by local rent control law; or (iii) the Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate. In this case, the Tenant(s) may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. The Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. Rent shall be at a rate agreed to by the Landlord and the Tenant(s), or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect.
3. RENT; LEASE PAYMENTS
"Rent" shall mean all monetary obligations of the Tenant(s) to the Landlord under the terms of this Agreement, except the Security Deposit.
(a) The Tenant(s) agrees to pay $_________, on first day of each calendar month, and is delinquent on the next day. Payments of rent shall be made to the Landlord at the address herein provided. This address may be changed from time to time by the Landlord provided that the Tenant(s) is given notice of such change by the Landlord.
If the Commencement Date falls on any day other than the day Rent is payable under this paragraph, and the Tenant(s) has paid one full month's Rent in advance of the Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day period.
(b) Rent shall be paid by the following method(s):
If any payment is returned for non-sufficient funds ("NSF") or because the Tenant(s) stops payment, then, after that: (i) the Landlord may, in writing, require the Tenant(s) to pay Rent in cash for three months and (ii) all future Rent shall be paid by Money Order or Cashier's Check.
4. SECURITY DEPOSIT
The Tenant(s) agrees to pay $_________ (the Security Deposit) as a security deposit. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant(s)’s default in payment of Rent (which includes Late Charges, NSF fees or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by Tenant(s) or by a guest or licensee of Tenant(s); (iii) clean Premises, if necessary, upon termination of the tenancy; and (iv) replace or return personal property or appurtenances.
SECURITY DEPOSIT SHALL NOT BE USED BY TENANT(S) IN LIEU OF PAYMENT OF LAST MONTH’S RENT. If all or any portion of the security deposit is used during the tenancy, the Tenant(s) agrees to reinstate the total security deposit within five days after written notice is delivered to the Tenant(s). The Landlord shall furnish the Tenant(s) a statement indicating the amount of any security deposit received, along with all supporting documentation, within 21 days after the Tenant(s) vacates the property, as required by law.
Moreover, the Landlord shall return Within 21 days after the Tenant(s) vacates the Premises, any remaining amount of the security deposit to the Tenant(s). It shall be understood that the Tenant(s) has vacated the Premises when the Tenant(s) has returned all keys to the Landlord. No interest shall be paid on security deposit unless required by local law. Payment shall be made by the Landlord once a year. At the end of the Lease the Landlord may use any unpaid accrued interest to cover for any amounts owed by the Tenant(s), including but not limited to, repairs, cleaning or any other type of amount owed to the Landlord.
If the security deposit is held by the Landlord, the Tenant(s) shall only hold such Landlord responsible for its return. No third party, such as a Broker, shall be responsible to the Tenant for the security deposit's return. However, the Broker shall be held responsible for notifying the Tenant if the security deposit is released to another party as a result of terminating his or her relationship with the Landlord. The notice given to the Tenant(s) by the Broker shall be in writing and it must indicate where the security deposit is located and to whom it was released. The Broker's notification to the Tenant(s) will release him or her form any further responsibility for the security deposit.
The Tenant(s) acknowledge the acceptance of the Premises in good order and in its current condition by taking possession of the property. The Tenant(s) may possess the property on the first day of the term of this Lease, unless the parties have agreed upon another date for its possession. If the Landlord does not deliver possession of the Premises at the start of the Lease Term, the Tenant(s) may have the option to terminate the Agreement. Unless otherwise agreed by the parties, the Tenant(s) shall reinstate the Landlord in the possession of the Premises on the last day of the term of the present Agreement.
The Tenant(s) shall be responsible for removing all goods and furniture from the premises at the end of the expiration term. It shall be the responsibility of the Tenant to vacate the property in the same condition as it was when first delivered by the Landlord, except for the ordinary wear and tear.
6. USE OF PREMISES/ABSENCES
The Tenant(s) shall occupy and use the Premises exclusively as a residential dwelling unit. The Tenant(s) shall give notice to the Landlord about any prolonged absence prior to leaving the Premises.
No other uses shall be allowed to the Tenant(s) other than for residential dwelling purposes, except as may be allowed by the written consent of the Landlord and if and only if the alternate use is allowed under all applicable zoning laws. In such case, the Tenant(s) shall obtain liability insurance to cover any risks associated with an alternate use of the property.
If the Tenant(s) vacates the property for a prolonged time-period or abandons it, the Landlord shall immediately have the right to terminate the Agreement and remove all belongings, including any personal property off of the Premises. No notice shall be given to the Tenant(s) by the landlord to enter the Premises if the Tenant(s) has abandoned or surrendered the Premises.
The Tenant(s) shall not smoke in or on any area of the premises, including individual units and common areas, both indoors or outdoors, nor to allow their invited guests to do so. The Tenant(s) shall be held responsible for any breach to this provision and for the reasonable costs of rectification of any damage which may have been caused as a result of smoking on the Premises, for any appropriate cleaning, ozone treatment, fogging or duct cleaning, required. Any breach to this provision shall be understood as just cause to entitle the Landlord any and all remedies available by law.
If the Tenant(s) contravenes this provision by smoking in or on any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Premises or the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant by the Landlord.
The Tenant(s) is hereby notified that the Owner or Landlord _________ is the property manager in charge of repairs and maintenance of the Property. If the Tenant(s) has any complaint regarding any issue about the Property, the Owner or Landlord _________ shall be contacted at _________, _________, _________ _________, _________, _________.
Unless otherwise consented by the Owner or Landlord, there shall be no more than _________ person(s) residing on the Premises.
All the provisions of the Residential Lease Agreement are binding on each person herein mentioned as Tenant(s) and/or Occupants of the Premises.
Each Tenant is individually and jointly liable for all the obligations in this Residential Lease Agreement, including but not limited to, full payment of Rent. There shall be no other persons living or permanently staying on the Premises other than the Tenant(s) and any Occupants herein explicitly mentioned. Any and all guests shall only be allowed to stay on the Premises for _________ consecutive days. Unless otherwise consented by the Owner or Landlord, guests of the Tenant(s) shall NOT be allowed to stay on the Premises for a period longer than two (2) weeks. The Tenant (s) must obtain prior written approval of the Owner or Landlord if a guest of the Tenant(s) will be present at the Premises for more than two consecutive weeks.
The Owner or Landlord shall only provide the following furnishings or appliances:
The Tenant(s) shall return all furnishings at the end of the term of the Residential Lease Agreement in good contition, reasonable wear-and-tear excepted.
The Tenant(s) is prohibited from using or having waterbeds on the Premises unless such Tenant(s) obtains a valid waterbed insurance policy. It shall be considered that the Tenant(s) has a valid waterbed insurance policy or certificate of insurance for property damage if the insurance policy is issued by a company licensed to do business in California and possessing a Best's Insurance Report rating of “B” or higher. Furthermore, it shall be required to the Tenant(s) to maintain the insurance policy in full force and effect until the bedding is permanently removed from the rental premises. The Tenant(s) shall also be required to increase the security deposit in an amount equal to one-half of one month’s Rent. Lastly, the Tenant(s) must prove that the bed conforms to the floor load capacity of Premises.
All damages done to the following items located in or on the Premises or the Property shall be charged to the Tenant(s) as follows:
|_________ ||$_________ |
Upon the start of the Lease Term, the Landlord agrees to give the Tenant(s) _________ keys to the Premises, the common areas of the Premises and _________ keys for the mailbox. The Landlord shall only authorize the Tenant(s) to have duplicate copies of the keys with his prior consent and, if any replacements are needed, the landlord may provide them for a fee of $_________. At the end of this Lease Agreement all access provided to the Tenant(s) shall be returned to the Landlord or a fee of $_________ will be charged to the Tenant(s) or will be subtracted from the security deposit. Lastly, the Landlord shall charge the Tenant(s) $_________ to regain entry to the Premises after being locked out.
The Tenant(s) shall not change the locks on any access to the Premises without having the Landlord's prior consent. If the Tenant(s) does indeed re-keys existing locks or opening devices, then said Tenant(s) shall immediately deliver all copies to the Landlord. The Tenant(s) shall not continue to remove or change the locks, even if said locks were installed by the Tenant(s) with the consent of the Landlord. The Tenant(s) shall pay for the costs of any new keys or opening devices.
Storage is not provided nor permitted outside the Premises under this Lease Agreement.
15. ROOF/FIRE ESCAPES
The Tenant(s), Occupants or guests shall only use the roof and/or fire escapes in case of emergency. The aforementioned parties shall not use these parts of the premises to store, deposit or place any personal property.
Parking spaces for motor vehicles or motorcycles are not provided nor permitted on the Premises under this Lease Agreement.
The Landlord shall maintain the Premises at all times and perform all repairs reasonably necessary. The primary duty of the landlord shall be to meet the implied warranty of habitability of the Property, that the premises are in a safe, livable condition.
Subject to California Civil Code § 1954, the Landlord may only enter the dwelling unit without the consent of the Tenant(s) in case of an emergency. Moreover, a request made by the Tenant(s) to the Landlord for repair or maintenance shall be considered consent for the Landlord or his authorized agent to enter the Premises. However, the Landlord shall only enter the Premises during normal business hours, except in an emergency or if the Tenant(s) consents to an entry during other than normal business hours. If there is no repair request by the Tenant(s), the Landlord shall give the tenant reasonable notice in writing of his or her intent to enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the Tenant(s). Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
The Landlord shall not use the right to access or use it to harass the Tenant(s). No notice requirement to the Tenant(s) shall be given by the Landlord if the Tenant(s) are present and consent to the entry at the time of entry. The Tenant(s) shall guarantee that the Premises are in a safe and habitable condition upon the Landlord's entry.
The Tenant(s) recognizes that the Landlord may have to enter the Premises from time to time to make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services to keep the Premises in good condition. Thus, the Tenant(s) shall permit the entry to the Premises to the Landlord or Landlord’s authorized agent for these purposes or to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
The Landlord and the Tenant(s) agree that 24-hour written notice shall be reasonable and sufficient notice for such circumstances, except as follows: 48-hour written notice is required to conduct an inspection of the Premises prior to the Tenant(s) moving out, unless the Tenant(s) waives the right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided the Tenant(s) has been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be given to show the Premises.
TEMPORARY RELOCATION: Subject to local law, the Tenant(s) agrees, upon demand of the Landlord, to temporarily vacate the Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to the Premises. The Tenant(s) agree to comply with all instructions and requirements necessary to prepare the Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables. The Tenant(s) shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time the Tenant(s) is required to vacate the Premises.
PERIODIC PEST CONTROL: The Tenant(s) shall assist the Landlord in all efforts to eliminate pests of any sort from the Premises. The Tenant(s) agree to comply with all the Landlord's rules and requests on these regards and any non-compliant conduct from the Tenant(s) shall be considered a nuisance. If the Landlord has entered into a contract for a periodic pest control treatment of the Premises the Tenant(s) shall be given a copy of the notice originally given to the Landlord by the pest control company. If such notice is not given to the Tenant(s) the Landlord may not hold the Tenant(s) liable for non-compliance of any sort or for not consenting to any of the periodic pest control visits to the Premises.
The Tenant(s) shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and well ventilated. The Tenant(s) shall be responsible for checking and maintaining all smoke detectors and any additional phone lines beyond the one line and jack that the Landlord shall provide and maintain. The Tenant(s) shall immediately notify the Landlord, in writing, of any problem, malfunction or damage. The Tenant(s) shall be charged for all repairs or replacements caused by the Tenant(s), pets, guests or licensees of the Tenant(s), excluding ordinary wear and tear. The Tenant(s) shall be charged for all damage to the Premises as a result of failure to report a problem in a timely manner. The Tenant(s) shall also be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
18. UTILITIES AND SERVICES
The Landlord agrees to be responsible for the following utilities and services in connection with the Premises:
The Tenant(s) agree to be responsible for the following utilities and services in connection with the Premises:
Water and sewer
Garbage and trash disposal
The Tenant(s) agree to comply with all rules and regulations imposed by the Landlord and that are at any time posted on the Premises or delivered to the Tenant(s), including but not limited to any environmental, energy or water conservation, recycling or waste management plan implemented by the Landlord. If any utilities are not separately metered, the Tenant(s) shall pay Tenant(s)’s proportional share, as reasonably determined and directed by the Landlord. If utilities are separately metered, the Tenant(s) shall place utilities in the Tenant’s name as of the Commencement Date of this Residential Lease Agreement. If utilities on the Premises are metered by Master Meters the landlord shall have the right to measure the Tenant(s)'s utilities and to bill the Tenant(s) for the consumption of such utilities either directly or through a third party. Nothing contained herein prevents the Landlord from passing through to the Tenant(s) utility costs as provided by law. However, the Landlord shall give the Tenant(s) evidence of all bills prior to recovering utility costs from the Tenant(s).
The Landlord is only responsible for installing and maintaining one usable telephone jack and one telephone line to the Premises.
The Tenant(s) shall pay any cost for conversion from existing utilities service provider or for any repairs required or charges for any services provided on any utility or fixture. The Tenant(s) acknowledges that the Landlord has fully explained to the Tenant(s) that all utility rates, charges and services shall be paid by the Tenant(s), besides those that shall be paid directly to the utility company furnishing the service.
The Landlord shall not be held liable under this Lease Agreement for damages caused for any interruption or reduction of utilities caused by someone other than the Landlord or due to circumstances unforeseeable to the Landlord or beyond the Landlord's reasonable control.
For purposes of this Lease Agreement, “real estate taxes” shall also include each of the following taxes attributable to the Premises or the use of the Premises:
REAL ESTATE TAXES. The Landlord shall pay all personal property taxes and any other charges which may be levied against the Property, along with all sales and/or use taxes (if any) that may be due in connection with lease payments. Accordingly the Landlord shall pay before delinquency all taxes levied or assessed on the Landlord's fixtures, improvement, furnishings, and personal property in and on the Premises, whether or not affixed to the real property.
PERSONAL PROPERTY TAXES. The Landlord shall pay all personal property taxes and any other charges which may be levied against the Premises which are attributable to Tenant's use of the Premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments. Accordingly the Landlord shall pay before delinquency all taxes levied or assessed on the Tenant(s) fixtures, improvement, furnishings, and personal property in and on the Premises, whether or not affixed to the real property.
20. PROPERTY INSURANCE
The Landlord and the Tenant(s) agree to be responsible for maintaining property insurance or any other kind of insurance to protect their respective interests in the Premises and all of their respective property located in and on the Premises.
22. NON-SUFFICIENT FUNDS
In accordance with California Civil Code § 1719, the Tenant(s) shall be charged $25.00 for the first check that is returned to the Landlord for lack of sufficient funds and $35.00 for each subsequent check returned for lack of sufficient funds, either or both of which shall be deemed additional Rent.
If any payment is returned for non-sufficient funds ("NSF") or because the Tenant(s) stops payment, then the Landlord may, in writing, require the Tenant(s) to pay Rent for three (3) months by money order or cashier's check. The Landlord and the Tenant(s) agree that three returned checks during the Term of the Residential Lease Agreement shall be considered a just cause for eviction. The Landlord and the Tenant(s) agree that these charges represent a fair and reasonable estimate of the costs the Landlord may incur by reason of the Tenant(s)’s late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of Rent. The Landlord’s acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of the Tenant(s). The landlord shall have any and all other remedies available as a payee of a returned check.
23. FAILURE TO PAY
Pursuant to California Civil Code section 1785.26, a creditor may submit negative credit information concerning a consumer to a consumer credit reporting agency, only if the creditor notifies the consumer affected. After providing this notice, a creditor may submit additional information to a credit reporting agency respecting the same transaction or extension of credit that gave rise to the original negative credit information without providing additional notice.
The notice shall be in writing and shall be delivered in person or mailed first class, postage prepaid, to the party’s last known address, prior to or within 30 days after the transmission of the negative credit information.
The notice may be part of any notice of default, billing statement, or other correspondence, and may be included as preprinted or standard form language in any of these from the creditor to the consumer.
The notice is sufficient if it is in substantially the following form:
“As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.”
If the Tenant(s) fails to comply with any of the financial or material provisions of this Lease Agreement, or materially fails to comply with any duties imposed on the Tenant(s) by state law, within _________ days, or any other obligation within _________ days after written notice of such default is provided by the Landlord to the Tenant(s) specifying the Tenant(s)'s non-compliance and indicating the intention of the Landlord to terminate the Lease Agreement by reason thereof, the Landlord may terminate this Lease Agreement.
If the Tenant(s) fails to pay rent when due and the default continues for the time period specified in the written notice thereafter, the Landlord may, at their option, choose to cure such default and the cost be added to the Tenant(s) overall financial obligation, declare the entire balance of Rent payable hereunder to be immediately due and payable. On the contrary, the Landlord may choose to immediately exercise any and all rights and remedies available under state law and terminate this Lease Agreement.
25. TERMINATION UPON SALE OF PREMISES
Notwithstanding any other provision of this Lease Agreement and subject to California Civil Code §1946.1(d)(2), the Landlord may terminate this lease upon 30 days' written notice given to the Tenant(s), explicitly stating that the reason for such termination of the Lease Agreement is that the Premises have been sold.
26. EARLY TERMINATION CLAUSE
In the event of termination by the Tenant(s) prior to the completion of the original term of the Lease Agreement, the Tenant(s) shall be responsible for lost Rent, rental commissions, advertising expenses and painting costs necessary to ready the Premises for re-rental. The Landlord may withhold any such amounts from the Tenant(s)’s security deposit. In addition to the rent due up to the termination day, the Tenant(s) shall pay a termination charge of $_________ for the early termination of the Agreement upon serving on the Landlord a _________ days' written notice, stating that the Tenant(s) wish to terminate the Lease Agreement. The Termination of the Lease Agreement shall take effect on the last day of the month after the expiration of the _________ day notice period.
27. MILITARY TERMINATION CLAUSE
Subject to the War and National Defense Service Members Civil Relief Act, 50 App. U.S.C.A. § § 501 and following, if the Tenant(s) is on active military service, or hereafter enlists as a member of the United States Armed Forces or of the “Uniformed Services”, which includes the armed forces, the commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), the commissioned corps of the Public Health Service, and the activated National Guard, and hereafter receives orders to depart to a location other than the area where the Premises are located; are relieved from active duty, retires or is separated from the “uniformed services”; or is ordered to military housing, then the Tenant(s) shall be able to terminate the present Lease Agreement provided that the Tenant(s) gives the Landlord a thirty (30) days written notice. Moreover, the Tenant(s) shall provide the Landlord a copy of any order to such effect as to warrant a termination under this provision.
The Tenant(s) shall pay prorated rent for any days for which the dwelling unit has been occupied past the first day of the month. Any security deposit will be promptly returned to the Tenant(s), provided there are no damages to the Premises.
28. DESTRUCTION OR CONDEMNATION OF PREMISES
If the Premises were to be partially destroyed by fire or any other casualty to the extent that the Tenant(s)'s are not able to use the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destructive event, and if the cost of repair is less than $_________, the Landlord shall repair the Premises and a just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have been rendered untenantable. Nevertheless, if the damage is not repairable within sixty days, or if the cost of repair is $_________ or more, or if the Landlord is prevented from repairing the damage by forces beyond the Landlord's control, or if the property is condemned, this Lease Agreement shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by the Tenant(s) shall be apportioned and refunded. The Tenant(s) shall give the Landlord immediate notice of any damage to the Premises.
The Tenant(s) has examined the Premises and, if any, all furniture, furnishings, appliances, landscaping and fixtures, including smoke detector(s), and acknowledges that these items are clean, in habitable and operable condition for their intended use.
If the condition or habitability of the Premises are affected by damaged or inoperable items after the Commencement Date, the Tenant(s) shall provide reasonable notice to the Landlord, along with a list of items that are damaged or not in operable condition, not as a contingency of this Lease Agreement but rather as an acknowledgment of the condition of the Premises.
If the Tenant(s) maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), the Tenant(s) shall pay to the Landlord lease payment(s) during the Holdover Period at a rate equal to the most recent payment amount.
31. ALTERATIONS, REMODELING OR STRUCTURAL IMPROVEMENTS
The Tenant(s) shall not make repairs, alterations, improvements or conduct construction in and on the Premises, including: painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials or remodeling without the prior written consent of the Landlords. If the Tenant(s) obtains the prior written consent of the Landlord in such regard, the Tenant(s) shall only be allowed to do so at the Tenant(s)'s own expense and the Landlord shall not, in any way, be responsible for the costs of alterations or repairs made by the Tenant(s). The Tenant(s) shall not deduct from the Rent the costs of any repairs, alterations or structural improvements and any such deduction shall be considered unpaid Rent by the Landlord.
Upon the end of the Term of the present Lease Agreement, the Landlord may require the Tenant(s) to remove any such fixtures, remodeling or structural improvements and/or restore the Premises to the conditions they were in prior to the Commencement Date of this Lease Agreement and the alterations. The Tenant(s) SHALL maintain sufficient liability coverage against any injury or damage which may occur as a result of any alteration, repair, satellite dish installation or structural improvement and for which the Tenant(s) shall provide to the Landlord proof of insurance, with Landlord listed as an additional insured, prior to obtaining such Landlord's written consent and upon each renewal of coverage.
32. ACCESS OR ENTRY BY LANDLORD TO THE PREMISES
Pursuant to California Civil Code §1954, The Tenant(s) shall allow the Landlord or its authorized agent to enter the Premises to make necessary or agreed repairs, decorations, alterations, or improvements, or to supply necessary or agreed services, or to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
The Landlord and Tenant agree that a 24-hour written notice shall be deemed reasonable and sufficient notice, except as follows:
The landlord shall give the Tenant(s) a 48-hour written notice when the purpose of the entry is to conduct a Pre-Move Out Inspection of the Premises, unless the Tenant(s) otherwise agrees to waive the right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided that the Tenant(s) has been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be given to show the Premises. No notice is required to enter in case of an emergency, if the Tenant(s) is present and consents at the time of entry, or if the Tenant(s) has abandoned or surrendered the Premises. No written notice is required if the Landlord and the Tenant(s) orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral agreement.
The Landlord shall be permitted to display signs to show the Premises to prospective tenants during the last three months of the present Lease Agreement.
33. INDEMNITY REGARDING USE OF PREMISES
To the extent permitted by law, the Landlord shall not be liable and the Tenant(s) hereby waives all claims against the Landlord for any damages, losses and liabilities, including reasonable attorney's fees and court costs, if any, arising out of the Tenant(s) possession, use or misuse of the Premises, to any property or any injury to any person in or about the Premises or from any cause whatsoever, except to the extent that such damages, losses and liabilities are due to the Landlord's, its authorized agents, employees or contractors willful misconduct or gross negligence.
The Tenant(s) hereby expressly releases the Landlord from any and all liability for loss or damage to the Tenant(s) property for the conduct or management of any work or thing whatsoever done by the Tenant(s) in or about the Premises or from transactions of the Tenant(s) concerning the Premises, garage, storerooms or any other location in or on the Premises, any part thereof or the adjoining properties, such as sidewalks, curbs, streets or ways, or that arise out of any cause, including but not limited to, rain, plumbing leakage, fire or theft, with respect to the performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof, except to the extent that such damages are deemed or adjudged to be the result of the willful misconduct or gross negligence of the Landlord or its authorized agents, employees or contractors.
34. DANGEROUS MATERIALS
Neither the Tenant(s), nor any of the Tenant(s)'s guests shall, at any time, handle, use, manufacture, store or dispose of in or about the Premises any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance (collectively "Hazardous Materials") considered hazardous by the standards of the insurance industry and subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively "Environmental Laws"), unless the Tenant(s) has the prior written consent of the Landlord to handle, use, store or manufacture such “Hazardous Materials” and provides to the Landlord sufficient proof of adequate insurance protection.
This Property may contain asbestos. Some of the original building materials may contain this hazardous substance. Please take notice that any disturbance or damage to certain interior apartment surfaces of asbestos-containing materials may increase the potential exposure to these substances.
The Tenant(s) or the Tenant(s) guests, employees or contractors, shall not take or permit any action which in any way damages or disturbs the Premises or any part thereof, including, but not limited to:
|(i)||Piercing the Surface of the ceiling by drilling or any other method.|
|(ii)||Hanging plants, mobiles or any other objects from the ceiling.|
|(iii)||Attaching any fixtures to the ceiling.|
|(iv)||Permitting water or any other liquid, other than ordinary steam condensation, to come into contact with the ceiling.|
|(v)||Painting, cleaning or undertaking any repairs of any portion of the ceiling.|
|(vi)||Replacing the light fixtures.|
|(vii)||Undertaking any activity which results in building vibration that may cause damage to the ceiling.|
The Tenant(s) shall notify the Landlord immediately in writing if there is any damage to or deterioration of the ceiling in the Premises or any part thereof, including, without limitation, flaking, loose, cracking, hanging or dislodged material, water leaks or stains in the ceiling, or upon the occurrence of any event mentioned above.
36. COMPLIANCE WITH REGULATIONS
The Tenant(s) agrees to comply with all laws, rules, orders, ordinances, directions, codes, regulations, and requirements (as interpreted by judicial and administrative decisions) of all governmental agencies, offices, departments of the federal, state, county, municipal and other authorities. However, the Tenant(s) shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
37. MECHANICS LIENS
Neither the Tenant(s) nor anyone claiming through the Tenant(s) shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, the Tenant(s) agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Premises free of all liens resulting from construction done by or for the Tenant(s).
38. SUBORDINATION OF LEASE
This Lease is subordinate to any mortgage that now exists, or may be given later by the Landlord, with respect to the Premises.
The Tenant(s) may not assign or sublease any interest in or any part of the Premises, nor assign or transfer this Lease Agreement, or effect a change in the ownership of the Property, or mortgage this Lease.
The Tenant(s) shall not contravene this provision, unless the Landlord expressly waivers this prohibition in writing, the consent of which the Landlord may, in any case, withhold in its sole and absolute discretion.
40. INDIVIDUAL LIABILITY
If there is more than one Tenant, each person signatory to this Lease Agreement shall be individually and completely responsible for the performance of all obligations of the Tenant(s) under this Lease Agreement, jointly with every other Tenant(s), and individually, whether or not in possession, including, but not limited to, the payment of all due rent and the payment of any damages caused to the Premises by the Tenant(s) or the Tenant(s) guests.
41. INSPECTION OF PREMISES
At the time of the Tenant(s) acceptance of possession, or shortly thereafter, the Landlord and the Tenant(s) shall perform an inspection documenting the present condition of all appliances, fixtures, furnitures, and any existing damage within the Premises.
If, after the Tenant(s) inspects the Premises, the Landlord does not receive from the Tenant(s) a notice in writing finding that the Premises are not in good working order, said Premises shall be deemed satisfactory within 72 hours of entering the Premises.
The Tenant shall not cause or maintain any nuisance in or about the Premises, and shall keep the Leased Premises free of debris, rodents, vermin and anything of a dangerous noxious or offensive nature, nor shall the Tenant(s) permit to be committed any act or conduct which could create a risk or danger to the Premises, other Tenant(s) in the community or other Properties, such as a fire hazard (through undue load on electrical circuits or otherwise) or undue vibration, heat, noise or any sort of disorderly conduct.
43. LEAD DISCLOSURE
Many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards to tenants, occupants and guests if not taken care of properly. Homebuyers and renters have important rights to know about whether lead is present -- before signing contracts or leases. The law requires that tenants and lessees receive certain information before renting pre-1978 housing. By signing this Lease, the Tenant(s) represents and agrees that the Landlord has provided the Tenant(s) with such information, including, but not limited to the EPA Booklet Entitled Protect Your Family From Lead In Your Home, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards.
In accordance with federal law, Landlord gives and Tenant acknowledges receipt of the disclosures on the attached form (C.A.R. Form FLD) and a federally approved lead pamphlet.
The Tenant(s) agrees that Mold growth in the Premises largely depends on how the Tenant(s) manages and maintains the Premises. Thus, it shall be the Tenant(s)'s responsibility to maintain the Premises in order to prevent the growth of Mold or Mildew in the Property. The Tenant(s) further agrees to comply with the list of obligations which are included in the addendum entitled Mold Notification. The Tenant(s) also agrees that the Landlord and its authorized agents will not be responsible for any illness, injury, or damage relating to mold if it was caused (or partially caused) by the Tenant(s)'s failure to clean and maintain the Premises or to promptly notify the Landlord of mold or mildew. Lastly, the Tenant(s) agrees that the Landlord has provided the Tenant(s) with a Mold Notification Addendum and Mold/Mildew Disclosure Form.
Notices under this Lease Agreement may only be considered valid if served at the following address, or at any other location subsequently designated:
_________, _________ _________
_________, California _________
Such addresses may be changed from time to time by either party by providing notice as set forth above.
46. HAZARDOUS MATERIALS DISCLOSURE
Pursuant to the regulations of Proposition 65, enacted by the voters of California, the Owner or Landlord hereby makes the following required disclosure: Warning - The Premises contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
47. MEGAN'S LAW
The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a “900” telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900” telephone service.
Please Take Notice: Pursuant to the California Penal Code, section 290.46, information about specified registered sex offenders is made available to the public via the internet through a website maintained by the Department of Justice (available online at MegansLaw.ca.gov.) Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community and ZIP code in which he or she resides.
48. GOVERNING LAW
This Lease Agreement shall be governed, construed and interpreted by the Laws of the State of California.
49. ENTIRE AGREEMENT/AMENDMENT
This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by both parties.
50. SEVERABILITY; WAIVER
If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
51. TIME OF ESSENCE
Time is of the essence. All understandings between the parties are incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement
with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.
52. ESTOPPEL CERTIFICATE
The Tenant(s) shall execute and return a tenant estoppel certificate delivered to the Tenant(s) by the Landlord or the Landlord’s authorized agent within 3 days after its receipt. Failure to comply with this requirement shall be deemed the Tenant(s)’s acknowledgment that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
53. TENANT REPRESENTATION; CREDIT
The Tenant(s) warrants that all statements in the Tenant(s)’s rental application are accurate. The Tenant(s) authorizes the Landlord and the Broker(s) to obtain the Tenant(s)’s credit report periodically during the tenancy in connection with the modification or enforcement of this Lease Agreement. The Landlord may cancel this Lease Agreement: (i) before occupancy begins; (ii) upon disapproval of the credit report(s); or (iii) at any time, upon discovering that information in the Tenant(s)’s application is false. A negative credit report reflecting on the Tenant(s)’s record may be submitted to a credit reporting agency if the Tenant(s) fails to fulfill the terms of payment and other obligations under this Lease Agreement.
54. BINDING EFFECT
The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.
55. DISPUTE RESOLUTION: MEDIATION
The Landlord and the Tenant(s) agree to mediate any dispute or claim arising between them out of this Lease Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) the filing or enforcement of a mechanic's lien; and (iii) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation provision.
The Landlord and the Tenant(s) agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager (“Broker”), provided the Broker shall have agreed to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to such Broker. Any election by the Broker to participate in mediation shall not result in the Broker being deemed a party to this Agreement.
IN WITNESS WHEREOF, the Landlord and the Tenant(s) have executed this Lease Agreement in the manner prescribed by law as of the Effective Date.
By: ____________________________ Date: ______________
By: ____________________________ Date: ______________
By Signing above the Landlord hereby acknowledges receipt and the Tenant(s) acknowledges the payment of the following:
|Security Deposit||$_________ |
|Total Collected:||$ 0.00|
Tenant has inspected the Premises and states that the Premises are in satisfactory condition, free of defects, except as noted below:
|Window coverings ||_________||_________________________|
By: ____________________________ Date: ______________
Acknowledged by Landlord:
By: ____________________________ Date: ______________
California Lease Agreement
Mold Notification Addendum
The lessor endeavors to preserve and promote quality of life for tenants. The lessor asserts that lessor and/or its agent has inspected the Premises prior to occupancy and knows of:
1. NO mildew or mold contamination;
2. NO wet or damp building materials that contribute to the formation of mildew or mold.
The Tenant(s) recognizes that mold and mildew can grow if the Premises are not properly maintained by the Tenant(s). If moisture gathers within the Premises, it may cause mold and mildew to accumulate and grow. If the Tenant(s) discovers the existence of mold or mildew on the Premises, leaks or conditions under which moisture may gather, the TENANT(S) shall notify the lessor promptly so the lessor may take action. The Tenant(s) shall keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof, in order to retard and prevent the growth of mold or mildew. These responsibilities include, but are not limited to:
1. Tenant shall remove dirt or debris that may contribute to a mold infestation;
2. Tenant shall promptly report to the lessor any occurrence of mold or mildew;
3. Tenant shall clean and dry all visible moisture on surfaces, including windows, walls, ceilings, floors, and furniture;
4. Tenant shall promptly notify the lessor if air conditioning or heating systems experience any problems, refrain from blocking air conditioning and heating ducts, and use vents and fans during cooking, bathing and dishwashing;
5. Tenant shall promptly notify the lessor of plumbing leaks, drips, water spills and overflows which permeate the walls, carpets, floors and other surfaces that may harbor the growth of mold or mildew;
6. Tenant agrees to open curtains/blinds to allow light into the Premises;
7. Tenant agrees to hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature which arise from Tenant's or guest(s)' refusal or negligence to maintain the Premises in a sanitary condition or comply with the terms of this Mold Addendum.
If the Tenant(s) fails to comply with the terms of this Mold Addendum, it is a material breach of the Lease Agreement it is attached to. In the event there is a conflict between this Mold Addendum and the Lease Agreement, the terms of the Mold Addendum shall govern.
By: ____________________________ Date: ______________
Acknowledged by Landlord:
By: ____________________________ Date: ______________
Rent Cap and Just Cause Addendum
The following terms and conditions are hereby incorporated and made part of the Residential Lease or Month-to-Month Rental Agreement dated _________ on the property and the following tenants:
referred to as "Tenant".
I. RENT CAP AND JUST CAUSE ADDENDUM TERMS
With certain exemptions, landlord may be subject to the rent cap and just cause eviction provisions of the Civil Code. Landlord informs tenant of the following:
California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all the tenants have continuously and lawfully occupied the property for 12 months or more or the least one of the tenants has continuously occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.
II. RENT CAP REQUIREMENTS
1. Subject to certain provisions of Civil Code Section 1947.12 subdivision (b), an owner of real property shall not increase the rental rate for that property more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest rental amount charged for that property at any time during the 12 months prior to the effective date of the increase.
2. If the same tenant remains in occupancy over any 12-month period, the gross rental rate shall not be increased in more than two increments over that 12-month period.
3. For a new tenancy in which no tenant from the prior tenancy remains, the owner may establish the initial rate not subject to paragraph 1 of this section. Paragraph 1 of this section is only applicable to subsequent increases after the initial rental rate has been established.
III. JUST CAUSE REQUIREMENTS
WITH CERTAIN EXEMPTIONS, LANDLORD MAY BE SUBJECT TO THE JUST CAUSE PROVISIONS OF CIVIL CODE SECTION 1946.2 AND INFORMS TENANT OF THE FOLLOWING:
1. At-fault Just Cause:
a) Default in payment of rent.
b) Breach of a material term of the lease, as described in Code of Civil Procedure Section 1161, paragraph (3), including but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
c) Maintaining, committing, or permitting the maintenance of a nuisance as described in Code of Civil Procedure Section 1161, paragraph (4).
d) Committing waste as described in Code of Civil Procedure Section 1161, paragraph (4).
e) The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate Section 1946.1 or any other provision of law.
f) Criminal activity by the tenant on the residential real property, including any common areas, or any criminal threat, as defined in Penal Code Section 422, subdivision (a), directed to any owner or agent of the owner of the premises.
g) Assigning or subletting the premises in violation of the tenant's lease.
h) The tenant's refusal to allow the owner to enter the residential real property pursuant to a request consistent with Civil Code Sections 1101.5 and 1954, and Health and Safety Code Sections 13113.7 and 17926.1.
i) Using the premises for an unlawful purpose as described in Code of Civil Procedure Section 1161, paragraph (4).
j) When the tenant fails to deliver possession of the residential real property after providing the owner written notice of tenant's intention to terminate the hiring of real property or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice.
2. No-fault Just Cause:
a) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents or grandparents (Family move-in).
For leases entered into on or after January 1, 2020, or amendment to existing leases prior to January 1, 2020:
Tenant and Owner hereby agree that the Owner shall have the right to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents or grandparents, unilaterally decide to occupy the residential property.
b) Withdrawal of the Premises for the rental market.
c) Unsafe habitation, as determined by a government agency that has issued an order to vacate, or to comply, or other order that necessitates vacating the residential property.
d) Intent to demolish or substantially remodel the residential real property. "Substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit that cannot be accomplished in a safe manner with the tenant in place, and that requires tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone do not qualify.
Tenant Payments under No-Fault Just Cause Eviction:
1. If Owner issues a termination of tenancy under a No-Fault Just Cause, Owner notifies Tenant of the right to direct payment relocation assistance equal to one month of the tenant's rent in effect at the time of the termination and shall be provided within 15 calendar days of service of the notice.
2. In lieu of direct payment, Owner may waive the payment of rent for the final month of tenancy prior to the rent becoming due. The notice shall state that the amount of rent waived and that no rent is due for the final month of tenancy.
IV. SPECIFIC EXEMPTIONS TO JUST CAUSE EVICTION REQUIREMENTS:
1. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
2. Single-family owner-occupied residences, including a residence in which the owner-occupant rents or lease no more than two unit or bedrooms, including, but not limited to, an accessory dwelling unit.
V. SPECIFIC EXEMPTIONS TO BOTH RENT CAP AND JUST CAUSE EVICTION REQUIREMENTS:
1. Housing that has been issued a certificate of occupancy within the previous 15 years.
2. A duplex in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
3. Single Family Residential property (including condominium and units in planned developments) provided the residential real property is alienable separate from the title to any other dwelling unit AND (i) the owner is NOT a real estate investment trust (REIT), (ii) the owner is NOT a corporation, and (iii) if the owner is a limited liability company then none of the members of the LLC are corporations.
This exemption only applies if the notice below is checked and delivered to the tenant.
☐ Landlord hereby notifies tenant that the Property is exempt from the rent cap provisions specified in Civil Code Section 1947.12 and the just cause eviction provisions specified in Civil Code 1946.2.
Notice of Exemption:
This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.
NOTE: Other exemptions under the Civil Code may apply. Additionally, this property may be subject to local rent cap and just cause eviction controls, which may impose additional restrictions. Landlord is strongly advised to seek counsel from a qualified real estate lawyer, who is familiar with the law where the property is located, prior to serving any notice.
The undersigned acknowledge a copy of this document and agree that the terms specified in Sections I, and III (2)(a) and V(3) are made a part of the lease or rental agreement specified above.
By: ____________________________ Date: ______________
By: ____________________________ Date: ______________
Information about Bed Bugs
Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.
Bed bugs can survive for months without feeding.
Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person's reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.
Common signs and symptoms of a possible bed bug infestation:
• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
• Molted bed bug skins, white, sticky eggs, or empty eggshells.
• Very heavily infested areas may have a characteristically sweet odor.
• Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.
For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.
To report suspected infestations please contact the landlord or property manager via the contact details provided in the lease agreement.