Residential Lease Agreement for California

RESIDENTIAL LEASE AGREEMENT FOR

[Address of Premises]

This Residential Lease Agreement (the “Agreement”) is made as of [Date], by and between [Landlord Name] (the “Landlord”), and [Tenants Names] (singular as “Tenant” and plural as “Tenants”).

1.     PREMISES

1.1.  Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: [Full Address Rented Premises] (the “Premises”)

1.2.  The Premises are for the sole use of the Tenant(s).

1.3.  Personal property, maintained pursuant to paragraph 13, is included on the attached addendum.

2.     TERM

2.1.  The term begins on [Date & Time] (the “Commencement Date”) and (choose one below)

2.1.1.     [  ] Month-to-Month: continues as a month-to-,month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date.

2.1.2.     [  ] Lease: shall terminate on [Date & Time]. Tenant shall vacate the Premises upon termination of the Agreement, unless (i) Landlord and Tenant have in writing extended this agreement or signed a new agreement, (ii) mandated by local rent control law; (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2.1.1. Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement, shall remain in full force and effect.

3.     RENT

3.1.  “Rent” shall mean all monetary obligations of Tenant to Landlord under the terms of the Agreement, except security deposit

3.2.  Tenant agrees to pay $[Monthly Rent] per month for the term of the Agreement.

3.3.  All rent is due and payable in advance on the [Day of Month Rent is Due] day of each and every month (the “Due Date”) without offsets, deductions, or credits and is delinquent on the next day

3.4.  If Commencement Date falls on any day other than the day Rent is payable under paragraph 3.3, and Tenant has paid one full month’s Rent in advance of Commencement Date, Rent for the second calendar month shall be prorated based on a 30 day period

4.     PAYMENT OF RENT

4.1.  Rent shall be paid by [  ] cash [  ] personal check [  ] money order [  ] cashier check [  ] other ____________________.

4.2.  Rent shall be paid to:

Name
Address
Phone Number

 

4.3.  In the event of roommates, or another form of multiple occupancy, Tenant understands and agrees that rent shall be paid with a single payment and that it is up to Tenant to collect individual checks independently in order to submit a combined, single payment.

4.4.  Tenant bears the risk of loss or delay of any payment made by mail. Landlord must receive mailed rent payments on or before the Due Date.

4.5.  Pursuant to Civil Code Section 1785.26, 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, such as your financial obligations under the terms of this Agreement.

5.     POSSESSION. If Landlord is unable to deliver possession of the Premises at the commencement of the term, Landlord shall not be liable for any damage caused thereby, nor shall this Agreement be void or voidable, but Tenant shall not be liable for any rent until possession is delivered.

6.     SECURITY DEPOSIT

6.1.  Before the Commencement Date, Tenant agrees to pay Landlord $[Security Deposit] as a security deposit (the “Security Deposit”) for the purposes set forth in Civil Code Section 1950.5. No trust relationship between Landlord and Tenant is created because of the Security Deposit and Landlord may commingle the Security Deposit with other funds of Landlord.

6.2.  Security deposit will be [  ] transferred to and held by the Landlord of the Premises, or [  ] held in Landlord’s Broker’s trust account.

6.3.  All or any portion of the security deposit may be used, as reasonably necessary, to: cure Tenant’s default in payment of Rent (which includes Late Charges, NSF fees or other sums due); repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; clean Premises. If necessary, upon termination of the tenancy; and replace or return personal property or appurtenances.

6.4.  Tenant may not apply the Security Deposit, or any portion thereof, to the last month’s rent.

6.5.  If Landlord applies any portion of the Security Deposit to any obligations of Tenant at any time during the tenancy, Tenant must, upon five (5) days written notice, reinstate the Security Deposit to its full original amount. Landlord may apply security deposit during the term of the tenancy for any purpose allowed by law, and in such case, upon five (5) days written notice to Tenant, Tenant shall restore the security deposit to the full amount provided herein.

6.6.  Within 21days after the Tenant vacates the Premises, Landlord shall: (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition and supporting documentation as required by California Civil Code § 1950.5(g) and (2) return any remaining portion of the security deposit to Tenant.

6.7.  Security deposit will not be returned until all Tenants have vacated the Premises. Tenant shall not be deemed to have vacated the Premises for purposes of this paragraph until i) Tenant returns to Landlord all keys to the Premises, and ii) Tenant has surrendered the Premises to Landlord free and empty of all persons claiming any right to possess the Premises.

6.8.  Any balance of the Security Deposit and an accounting of any deductions there from will be mailed to Tenant at the Premises unless Tenant provides, in writing to Landlord, a mailing address to which the balance, if any, of the Security Deposit and the accounting should be sent. Landlord’s check or other draft refunding any balance of the Security Deposit may be made in the name of any or all of the original tenants regardless of the party who in fact made the deposit and regardless of the identity of the persons then occupying the Premises.

6.9.  Any security deposit returned by check shall be made out to all Tenants named on this Agreement, or as subsequently modified.

6.10.  No interest will be paid on security deposit unless required by local law

7.     LATE PAYMENTS; RETURNED CHECKS.

7.1.  Tenant acknowledges either late payment of Rent or issuance of a returned check may caused Landlord to incur costs and expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 5 calendar days after the date due, or a check is returned, Tenant agrees to pay a late charge of $[Late Charge]. The provision for payment of a late charge does not constitute a grace period, and Landlord may serve a Three Day Notice to Pay Rent or Quit on the day after the Due Date.

7.2.  Landlord and Tenant agree that Tenant paying rent late on three (3) separate occasions within any twelve (12) month period shall constitute habitual late payment of rent and may be considered a just cause for eviction. Payment of the late charge or returned check charge does not cure the late payment for purposes of establishing habitual late payment of rent. The late charge shall be imposed for failure to pay any portion of the rent, including those portions allocated to parking and storage.

8.     USE. The Premises shall be used as a permanent, full-time dwelling for residential purposes only and for no other reason. No retail or commercial or professional use of the Premises shall be made unless such use conforms an applicable zoning laws and the prior written consent of Landlord is obtained in advance of such proposed use. As a condition for granting such permission, Landlord may require that Tenant obtain liability insurance for the benefit of Landlord.

9.     STORAGE. (Choose 7.1 or 7.2)

9.1.  [  ] No storage space outside of the Premises is authorized, permitted or provided under this Agreement. (If neither box in Paragraph 7.1 or 7.2 is checked, this provision applies.)

9.2.  [  ] Storage is allowed (Choose 7.2.1 or 7.2.2)

9.2.1.     [  ] The right to storage space is included in the Rent.

9.2.2.     [  ] The right to storage space is not included in the Rent and shall be an additional $[Storage Payment] per month. Tenant shall store only personal property

9.2.3.     Storage shall constitute [Describe The Storage Area(s)]

9.2.4.     Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances.

10.  PARKING. (Choose 8.1 or 8.2)

10.1. [  ] No parking outside of the Premises is authorized, permitted or provided under this Agreement. (If neither box in Paragraph 8.1 or 8.2 is checked, this provision applies.)

10.2. [  ] Parking is allowed (Choose 8.2.1. or 8.2.2.)

10.2.1.  [  ] The right to parking is included in the Rent.

10.2.2.  [  ] The right to parking is not included in the Rent and shall be an additional $[Parking Payment] per month. Tenant shall store only personal property

10.2.3.  Parking shall constitute [Describe The Parking Area(s)]

10.2.4.  Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances.

11.  UTILITIES.

11.1. Tenant shall be responsible for the payment of all utilities and services, except the following which will be paid by Landlord (Choose all that apply):

11.1.1.  [  ] Water

11.1.2.  [  ] Electricity

11.1.3.  [  ] Gas

11.1.4.  [  ] Garbage

11.1.5.  [  ] Other (describe) ______________________________

11.2. If any utilities are not separately metered, Tenant shall pay Tenant’s proportional share, as reasonably determined and directed by Landlord. If utilities are separately metered, Tenant shall place utilities in Tenant’s name as of the Commencement Date. Landlord is only responsible for installing and maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from existing utilities service provider.

12.  CONDITION OF PREMISES.

12.1.    Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and fixtures, including smoke detector(s).

12.2.    Tenant will provide Landlord a list of items that are damaged or not in operable condition within 3 days after Commencement Date as an attachment to this Agreement, not as a contingency of this Agreement but rather as an acknowledgement of the condition of the Premises.

13.  MAINTENANCE.

13.1.  Tenant shall, at Tenant’s expense, at all times maintain the Premises, furnishings and appliances, if any, in a clean and good condition and shall surrender the same upon termination of tenancy in the same condition as received (excepting normal wear and tear). Tenant understands that Tenant is responsible for the cost of repair of all damages in or about the Premises whether caused by Tenant, Tenant’s guests or invitees.

13.2.  Tenant shall be responsible for checking and maintaining all smoke detectors and any additional phone lines beyond the one line and jack that Landlord shall provide and maintain. Tenant shall immediately notify Landlord, in writing, of any problem, malfunction or damage. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.

13.3.  Tenant may not make any alterations to cable or telephone wiring (such as may occur when changing telecommunications providers or adding phone lines) without prior written consent of Landlord or Landlord’s agent. The consent request regarding proposed alterations to inside wiring shall include the name, address, and telephone number of any new telecommunications provider. Tenant shall hold Landlord harmless and indemnify Landlord as to any mechanic’s lien recordation of proceeding caused by Tenant. Tenant agrees to pay all costs resulting from the alteration and agrees to pay Landlord any costs incurred as a result of restoring the inside wiring to the condition at the time of move-in, except for reasonable wear and tear.

13.4.  Except in an emergency, maintenance and repair requests must be made in writing and delivered to Landlord or Landlord’s agent. Such notice shall also be deemed permission to enter the Premises to perform such maintenance or repairs in accordance with California Civil Code Section 1954. Tenant may not place any unreasonable restrictions upon such access or entry. The Premises shall be presumed to be in a safe and habitable condition unless and until Tenant provides written notice to the contrary and said notice is received by Landlord.

13.5.  In the event that the Premises is provided with hardwood floors or other non-carpeted floor surfaces, Tenant hereby agrees to keep at least 80% of such areas covered with floor rugs or carpet. It is also hereby understood that Tenant shall not change or replace any window coverings visible from outside the Premises or the Premises without prior written consent of Landlord.

13.6.  Tenant acknowledges that the Premises and the Premises from time to time may require renovations or repairs to keep them in good condition and repair and that such work may result in temporary loss of use of portions of the Premises or the Premises and may inconvenience Tenant. Tenant agrees that any such loss shall not constitute a reduction in housing services, severance of housing services, or otherwise warrant a reduction in rent.

13.7.   Additional obligations (Choose all that apply)

13.7.1.  [  ] Landlord [  ] Tenant shall water the garden, landscaping, trees and shrubs except: [List Exceptions].

13.7.2.  [  ] Landlord [  ] Tenant shall maintain the garden, landscaping, trees and shrubs except: [List Exceptions].

13.7.3.  [  ] Landlord [  ] Tenant shall maintain: [List Maintenance Items].

14.  NEIGHBORHOOD CONDITIONS; NUINCANCES. Tenant is advised to satisfy him or herself as to neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offender’s, fire protection, other governmental services, availability, adequacy and cost of any speed-wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.

15.  RULES/REGULATIONS.

15.1.  Tenant agrees to comply with all Landlord rules and regulations that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises. (Choose 14.2.1 or 14.2.2)

15.1.1.  [  ] Landlord shall provide Tenant with a copy of the rules and regulations within [# Days] days of the Commencement Date which will become and addendum to this agreement.

15.1.2.  [  ] Landlord has provided Tenant with, who acknowledges receipt of, a copy of the rules and regulations attached here as an addendum.

15.2. [  ] (Choose if applicable) Home Landlord Association Rules and Regulations

15.2.1.  The Premises is a unit in a condominium, planned unit development, common interest subdivision or other development governed by a homeowner’s association (“HOA”) named [Name of HOA]

15.2.2.  Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions. (Choose 14.3.2.1 or 14.3.2.1)

15.2.2.1.  [  ] Landlord has provided Tenant with a copy of the HOA rules and regulations within [# Days] days of the Commencement Date

15.2.2.2.  [  ] Tenant has been provided with, and acknowledges receipt of, a copy of the HOA rules and regulations attached hereto.

16.  ALTERATIONS; REPAIRS: Tenant shall not remodel, renovate, paint, refinish floors, or otherwise alter the Premises, common areas, or any other parts of the Premises; Tenant shall not apply adhesive paper to any cabinets, walls or doors; nor shall Tenant hang any plants, planters or lighting fixtures from ceilings or walls; nor shall Tenant tack, nail or glue any coverings to floors or walls without prior written consent of Landlord. Tenant shall not install nor operate any washing machines, clothes dryers, portable dishwashers, deep-freeze units (or other such appliances), pianos, or outside antennae on the Premises without prior written consent of Landlord. No plants, planters or plant boxes may be placed directly on floors or on carpets, on window ledges or on fire escapes. Upon termination of tenancy, Landlord shall have the option, at Landlord’s sole discretion, to require Tenant to restore the Premises to the original condition as received excepting normal wear and tear.

17.  KEYS; LOCKS:

17.1.  Tenant acknowledges receipt of (or Tenant will receive prior to the Commencement Date) the following (Choose all that apply):

17.1.1.  [  ] [# Keys] key(s) to Premises,           

17.1.2.  [  ] _____ remote control device(s) for garage door/gate opener(s)

17.1.3.  [  ]  ______ key(s) to mailbox,           

17.1.4.  [  ]  ______ key(s) to common area(s),   

17.1.5.  [  ] ______ key(s) to [Additional Locks]

17.2. Tenant acknowledges that locks to the Premises [  ] have [  ] have not been re-keyed.

17.3.  If Tenant re-keys existing locks or opening devices, Tenant shall immediately deliver copies of all keys to Landlord.

17.4.  Tenant shall pay all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by Tenant. 

18.  ENTRY AND INSPECTION

18.1.  Landlord shall have the right to enter the Premises pursuant to California Civil Code Section 1954. Landlord shall give Tenant reasonable notice of the intention of Landlord/Landlord’s agent to enter the Premises and shall enter only during normal business hours, unless otherwise agreed by Tenant. For purposes of this Paragraph, normal business hours shall be defined as 7:00 AM to 7:00 PM, every day of the week. Tenant may not place any unreasonable restrictions upon such entry. If, however, Landlord reasonably believes that an emergency exists (such as fire or flood) which requires immediate entry, such entry may be made without prior notice to Tenant.

18.2. If Tenant has, after written notice to cease, continued to deny Landlord access to the Premises, as required by State law, such failure is a substantial breach of this Agreement and is a just cause for eviction.

18.3. If the Premises or the Premises is required by any government agency, lender or insurer to undergo repairs or alterations, Tenant agrees to cooperate fully with Landlord so that all such repairs or alterations are made in as expeditious and efficient a manner as possible.

18.4.  Landlord and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except as follows: 48-hour written notice is required to conduct an inspection of the Premises to actual or prospective purchasers provided Tenant waives the right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided Tenant has been notified in writing within 12- 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 (i) enter in case of an emergency (ii) if the Tenant is present and consents at the time of entry or (iii) the Tenant has abandoned or surrendered the Premises. No written notice is required if

18.5.  Landlord and Tenant 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.

18.6.  [  ] (Choose if applicable). Tenant authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees to sign a keysafe/lockbox addendum (C.A.R. Form KLA)

19.  SIGNS: Tenant authorizes Landlord to place FOR SALE/LEASE signs on the Premises.

20.  ASSIGNMENT; SUBLETTING (Choose 19.1 or 19.2)

20.1.  [  ] Tenant shall not sublet all or any part of Premises, or assign or transfer this Agreement or any interest in it, without Landlord’s prior written consent. Unless such consent is obtained, any assignment, transfer or subletting or Premises of this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall be null and void and, at the option of Landlord, terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Landlord an application and credit information for Landlord’s approval and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord’s consent to any one assignment, transfer or sublease, shall not be construed as consent to any subsequent assignment transfer or sublease and does not release Tenant of Tenant’s obligations under this Agreement.

20.2.  [  ] Consent to Assignment or Subletting Required: Tenant agrees and covenants not to assign this Agreement or sublet the Premises or any portion of the Premises without first obtaining the prior written consent of the Landlord. This obligation may not be waived by either party. The parties agree that violation of this covenant and obligation shall be just cause for eviction.

20.2.1.  For purposes of Civil Code Section 1954.53 (Costa-Hawkins Rental Housing Act), the parties agree to the following:

20.2.1.1.      “Tenant” shall mean the adult individual(s) who have signed this Agreement

20.2.1.2.      “No longer permanently resides” shall mean Tenant either: does not occupy the Premises as his or her principle residence; occupied the Premises for less than thirty (30) days in an six (6) month period; owns residential property within the State of California; is employed or has a place of business more than 75 miles from San Francisco; is registered to vote outside of San Francisco; has a spouse or domestic partner that either resides or has a principle place of residency elsewhere; or has acquired another residence elsewhere.

20.2.1.3.       “Lawful sublessee or assignee” shall mean an adult who occupies the Premises with the express agreement or consent of Landlord.

20.2.1.4.      “Agreement with the Landlord” shall mean an express agreement with Landlord.

20.2.1.5.      “Unapproved Subtenant” or “Unauthorized Subtenant” shall mean any individual who occupies the premises in violation of this Agreement or whose occupancy has been challenged with a “Notice of Objection to Occupancy or Unapproved Subtenants” or similar notice.

20.2.1.6.      “Commences occupancy” means either signing or making an agreement, moving any possessions or furnishings into the Premises, or using the Premises for any purpose, including but not limited to cooking, eating, entertaining or sleeping

20.2.2.  Only where Tenant requests consent to sublet or assign under Section 14(B) or whenever the law requires Landlord to reasonably give consent to request to sublet or assign (e.g. where the lease or rental agreement specifies the number of tenants to reside in a Premises, or where the new occupant is the spouse or domestic partner, child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in Administrative Code Sections 62.2 through 62.8) of such relatives), the following provisions shall apply:

20.2.2.1.      Any request to sublet must come in writing from the Tenant before Subtenant takes occupancy of the Premises. The request must be given by certified mail or hand delivered to Landlord at the place for giving notices as set forth in this Agreement.

20.2.2.2.      Any request for subletting or assignment must be on the basis of a one-for-one replacement of the departing tenant(s). Tenant may only request replacement of a departing tenant or tenants with an equal, or fewer, number of new tenants.

20.2.2.3.      Proposed Subtenant or Assignee, If requested by Landlord, must complete Landlord’s standard application, or, in the event Landlord fails to provide an application or has no standard form application, proposed Subtenant or Assignee has, upon request, provided sufficient information to allow Landlord to conduct a typical background check, including credit information, income information, references, and background information.

20.2.2.4.      Tenant must provide Landlord five (5) business days to process proposed Subtenant’s or Assignee’s application Proposed new Subtenant or Assignee must meet the regular reasonable application standards of Landlord

20.2.2.5.      Tenant must not, without good cause, request Landlord’s consent to a new tenant or new subtenant more than one (1) time per existing Tenant residing in the Premises during the previous twelve (12) ,months.

20.2.2.6.      The parties agree that any of the following shall be a reasonable basis for withholding any right to sublet or assign, or refusing a request to sublet or assign: any eviction history of the prospective sublessee or assignee; prospective sublessee or assignee taking possession before or without Tenant making a written request as required by this Agreement; Tenant is delinquent or late with rent, or is in breach of this Agreement, at the time the written request to sublet or assign is delivered to Landlord; Tenant refuses to document that the new occupant is in fact Tenant’s spouse or domestic partner, child, parent, grandchild, grandparent, brother or sister, or the spouse of domestic partner (as defined in Administrative Code Sections 62.1 through 62.8) of such relatives; Total number of occupants in Premises exceeds those permitted by law.

21.  JOINT AND INDIVIDUAL OBLIGATIONS. If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant and individually, whether or not in possession.

22.  TERMINATION. If Tenant intends to vacate at the end of the original term of this Agreement, or for any other reason after the original term of this Agreement, Tenant must give owner at least thirty (30) days prior, written notice of Tenant’s intention to terminate the tenancy and vacate the Premises. After the expiration of the original term of this Agreement, Landlord may terminate the tenancy, in accordance with applicable law, by giving in the case of a tenancy of less than one (1) year at least thirty (30) days prior written notice, and in the case of a tenancy of more than one (1) year at least sixty (60) days prior written notice, to Tenant. Upon termination, Tenant shall completely vacate the Premises and any parking or storage areas; give written notice of Tenant’s forwarding address; and deliver all keys, furnishings, if any, and the Premises to Landlord in the same condition as received excepting normal wear and tear. Rent shall be due and payable through the end of the notice period or the date Tenant vacates, which ever comes later. Tenant may rescind said notice within five (5) calendar days after it is served on Landlord without incurring liability to any person. Such rescission must be in writing, and delivered to Landlord. Thereafter, if Tenant fails to vacate the Premises on or before the date set forth in Tenant’s notice. Tenant shall be liable for any costs incurred by Landlord or any third parties who relied upon Tenant’s notice terminating the tenancy, and failure to vacate as agreed is a substantial violation of the terms of the tenancy and is a just cause for eviction. Tenant further agrees to defend, protect, indemnify and hold Landlord harmless from any and all damages, lost rents, costs, expenses, losses, claims and liabilities, including attorney’s fees, arising in any way out of Tenant’s failure to comply with the provisions of Tenant’s notice. Tenant’s failure to pay any such sums within twenty (20) days after demand shall be deemed a material breach of this Agreement. It shall be agreed by the parties to this Agreement that delivery of possession shall be deemed to occur when the Tenant delivers the keys to the Premises to Landlord or Landlord’s agent during normal business hours as stated in this Agreement.

23.  TENANT’S OBLIGATIONS UPON VACATING PREMISES:

23.1.    Upon termination of the Agreement, Tenant shall (i) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (ii) vacate and surrender Premises to Landlord, empty of all persons; (iii) vacate any/all parking and/or storage space; (iv) clean and deliver Premises, as specified in paragraph C below, to Landlord in the same condition as referenced in paragraph 10; (v) remove all debris; (vi) give written notice to Landlord of Tenant’s forwarding address; and (vii) [List Additional Obligations].

23.2.    All alterations/improvements made by or caused to be made by Tenant, with or without Landlord’s consent, become the property of Landlord upon termination. Landlord may charge Tenant for restoration of the Premises to the condition it was in prior to any alterations/improvements

23.3.    Right to Pre-Move Out Inspection and Repairs as follows: (i) After giving or receiving notice of termination of a tenancy (C.A.R Form NTT), or before the end of a lease, Tenant has the right to request that an inspection of the Premises take place prior to termination of the lease or rental (CAR Form NRI). If Tenant requests such an inspection, Tenant shall be given an opportunity to remedy identified deficiencies prior to termination, consistent with the terms of this Agreement (ii) Any repairs or alterations made to the Premises as a result of this inspection (collectively, “Repairs”) shall be made at Tenant’s expense. Repairs may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Landlord. The work shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs shall be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Landlord. The work shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible (iii) Tenant shall: (a) obtain receipts for Repairs performed by others; (b) prepare a written statement indicating the Repairs performed by Tenant and the date of such Repairs; and (c) provide copies of receipts and statements to Landlord prior to termination. Paragraph 27C does not apply when the tenancy is terminated pursuant to California Code of Civil Procedure § 116(2), (3), or (4)

24.  TEMPORARY RELOCATION: Subject to local law, Tenant agrees, upon demand of Landlord, to temporarily vacate Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables. Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate Premises.

25.  DAMAGE TO PREMISES. If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty that render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate the Agreement by giving the other written notice. Rent shall be abated as of the date Premises become totally or partially uninhabitable. The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Landlord shall promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant’s reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant’s guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made.

26.  INSURANCE. Landlord’s insurance does not provide for coverage of Tenant’s personal belongings or personal liability unless as a direct and proximate result of Landlord’s gross negligence. Therefore, Landlord strongly urges and recommends to each Tenant that Tenant secure sufficient insurance to protect against losses such as fire, flood, theft, vandalism, personal injury or other casualty.

27.  HOLD HARMLESS: Landlord shall not be liable for any damages or injury to Tenant, or any other person, or to any property, occurring on the Premises or any part thereof, or in common areas thereof, unless such damage is the proximate result of the intentional or unlawful act of Landlord, Landlord’s agents or Landlord’s employees. Tenant shall indemnify, defend and hold Landlord and Landlord’s agents harmless from all claims of loss or damage to property and of injury to or death of any person or persons caused by the intentional acts or negligence of Tenant, Tenant’s guests, licensees, or invitees occurring in or about the Premises including other areas of the Premises, adjacent sidewalks, streets, etc. Tenant hereby expressly releases Landlord and/or Landlord’s agents from any and all liability for loss or damage to Tenant’s property or effects whether in the Premises, garage, storerooms or any other location in or about the Premises, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord’s employees, heirs, successors, assignees and/or agents.

28.  [  ] (Choose if applicable) 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 if not taken care of properly. The law requires that Tenant receive certain information before renting pre-1978 housing. By signing this Agreement, Tenant represents and agrees that Landlord has provided Tenant with such information, including, but not limited to: EPA booklet entitled, “Protect Your Family From Lead In Your Home”

29.  [  ] (Choose if applicable)  MILITARY ORDINANCE DISCLOSURE. If Premises is located within one mile of an area once used for military training, and may contain potentially explosive munitions

30.  [  ] (Choose if applicable)  PERIODIC PEST CONTROL: Landlord has entered into a contract for periodic pest control treatment of the Premises and shall give Tenant a copy of the notice originally given to Landlord by the pest control company

31.  DATABASE DISCLOSURE: NOTICE: 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 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.

32.  MOLD/MILDEW: Tenant agrees to maintain the Premises in a manner that prevents the occurrence and infestation of mold or mildew in the Premises. Tenant agrees to uphold this responsibility in part by complying with the list of responsibilities in the addendum entitled, “Mold Notification.” By signing this Agreement, Tenant represents and agrees that Landlord has provided Tenant with such information, including, but not limited to: Addendum “Mold Notification”

33.  MEGAN’s LAW.

33.1.    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 data base of the locations of persons required to register pursuant to Paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code.

33.2.    Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an internet website maintained by the Department of Justice at www.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 of residence and ZIP code in which he or she resides.

34.  ASBESTOS:

34.1.    The Premises may contain asbestos or have original construction materials that contain asbestos. Asbestos is known to exist in the following locations: [Known Asbestos Locations] (Copies of available reports, if any, are attached hereto for your reference and information).

34.2.    Damaging or disturbing the surface of asbestos-containing materials (ACMs) may increase the risk of exposure. Therefore, Tenant and Tenant’s guests, contractors, or invitees shall not allow any action which may, in any way, disturb ACMs or any part of the premises that may contain asbestos or ACMs. Tenant shall notify Landlord immediately if Tenant knows or suspects that an ACM has been disturbed or if Tenant becomes aware of any ACM that is showing signs of deterioration.

35.  HAZARDOUS MATERIALS DISCLOSURE: Pursuant to the regulations of Proposition 65, enacted by the voters of California, 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.”

36.  WATERBEDS: Tenant shall not use or have waterbeds on the Premises unless: (i) Tenant obtains a valid waterbed insurance policy; (ii) Tenant increases the security deposit in an amount equal to one-half of one month’s Rent; and (iii) the bed conforms to the floor load capacity of Premises.

37.  PETS. Unless otherwise provided in California Civil Code § 54.2, no animal or pet shall be kept on or about the Premises, even temporarily or with a visiting guest, without prior written consent of Landlord, except as allowed by law. Any such consent is conditioned upon Tenant completing, signing, and returning to Landlord, Landlord Pet Agreement, which shall become part of this Agreement.

38.  WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.

39.  NOTICE. Any notice that either party may give, or is required to give, may be delivered to Tenant at the Premises and Landlord at: [Address of Landowner Notice Delivery] or such other address later designated by Landlord.

40.  TENANT ESTOPPEL CERTIFICATE. Tenant shall execute and return a tenant estoppels certificate delivered to Tenant by Landlord or Landlord’s agent within 3 days after its receipt. Failure to comply with this requirement shall be deemed Tenant’s acknowledgement that the tenant estoppels certificate is true and correct, and may be relied upon by a lender or purchaser.

41.  TENANT REPRESENTATIONS; CREDIT. Tenant warrants that all statements in Tenant’s rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenant’s credit report periodically during the tenancy in connection with the modification of enforcement of this Agreement. Landlord may cancel this Agreement: (i) before occupancy begins; (ii) upon disapproval of the credit report(s); or (iii) at any time, upon discovering that information in Tenant’s application is false. A negative credit report reflecting on Tenant’s record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of payment and other obligations under this Agreement.

42.  MEDIATION.

42.1.  Consistent with paragraphs B and C below, Landlord and Tenant agree to mediate any dispute or claim arising between them out of this 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.

42.2.  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 medication provision.

42.3.  Landlord and Tenant agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager (“Broker”), provided Broker shall have agreed to such mediation prior to, or within a reasonable time after, the dispute of claim is presented to such Broker. Any election by Broker to participate in mediation shall not result in Broker being deemed a party to the Agreement.

43.  ATTORNEY FEES. In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs, except as provided in paragraph 44.

44.  TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES. Time is of the essence. All understandings between the parties are incorporated in the 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. If any provision of the Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing. The Agreement and any supplement, addendum or modification, including any copy, may be signed in two or more counterparts, all of which shall constitute one and the same writing.

45.  AGENCY.

45.1.CONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction:

Listing Agent	[Name]	Agent of [Landlord/Tenant]
Listing Agent	[Name]	Agent of [Landlord/Tenant]

 

45.2. DISCLOSURE. ¨ (Choose if applicable);The term of this lease exceeds one year. A disclosure regarding real estate agency relationships (CAR Form AD) has been provided to Landlord and Tenant, who each acknowledge its receipt.

46.  [  ] (Choose if applicable ) TENANT COMPENSATION TO BROKER. Upon execution of this Agreement, Tenant agrees to pay compensation to Broker as specified in a separate written agreement between Tenant and Broker.

47.  [  ] (Choose if applicable ) INTERPRETER/TRANSLATOR. The terms of this Agreement have been interpreted/translated for Tenant into the following language [Language]. If this Agreement has been negotiated primarily in Spanish, Tenant has been provided a Spanish language translation of this Agreement pursuant to the California Civil Code.

BY SIGNING BELOW TENANT(S) HEREBY ACKNOWLEDGE(S) READING AND UNDERSTANDING THE TERMS OF THIS AGREEMENT, AND FURTHER ACKNOWLEDGE(S) RECEIVING A COPY HEREOF:

 

[Tenant Name]	____________________________ (Sign Here)	[Date]
[Tenant Name]	____________________________ (Sign Here)	[Date]
[Tenant Name]	____________________________ (Sign Here)	[Date]
[Tenant Name]	____________________________ (Sign Here)	[Date]

 

ACCEPTED AND AGREED TO BY OWNER:

[Owner Name]

____________________________ (Sign Here)

[Date]