Rental Agreement Single Family Residence

Transcription

1 Resident(s): (DOB) (DOB (DOB) (DOB) (DOB) (DOB) Owner/Agent: Leased Premises: City: State: Zip: This Rental Agreement ("Agreement") is for residential use only and is entered into this day of,20 between the Owner/Agent and Resident(s) listed above. Unauthorized occupants living in premises for longer than days must complete a rental application, and if qualified, be approved by Owner/Agent, and be added to this Agreement Term. The term of this tenancy shall commence on the day of, 20 ( Commencement Date ) and continue as follows: OR Fixed Term Lease: The terms of this Agreement expire at 6:00 p.m. on the day of, 20 ( Lease Term ) unless the Owner/Agent has provided written notice to the contrary. Month-to-Month: This month-to-month agreement is terminable by either party by the giving of a written notice in compliance with California Law. 2. Rent. Resident agrees to pay rent of $ due on or before the day of each month. For tenancy beginning after the first of the month, the first month s or second Month s (select one) will be pro-rated. The prorated amount [if applicable] is $ from / / through / /. Succeeding monthly periodic rental payment shall commence as outlined above. Resident agrees to pay rent at the management office or at such other place as Owner/Agent may designate: (address). If Resident submits payment of rent to a drop box provided by the Owner/Agent, rent shall be deemed submitted on the next business day. If the Resident submits payment by mail, rent shall be deemed submitted five (5) days after the postmark. Rent payments must be tendered by [select all applicable; at least two must be checked] check, certified cashier s check, electronic payment or fund, money order, or cash. All monies paid are applied to the oldest outstanding balances first. Owner/Agent may change the terms of this lease in accordance with applicable law, including rent increases and other modifications to the terms of the contract. 3. Subletting and Assignments. Resident may not assign his/her interests under this Agreement, or sublet any portion of the Premises without prior written consent of Owner/Agent. Any attempt by Resident to assign or sublet (includes subletting through short-term rental services such AirBNB, Craigslist, Verbo, Hometogo.com, Subletcom or other such rental services) all or any portion of Resident s interest under this Agreement shall be considered a material violation. It shall also be deemed null and void in regard to the transfer of such interest to any person. Form 200sfr 2017 rev12/17 Pages 1 of 8

2 4. Security Deposit. Before the commencement of the term, Resident shall pay a Security Deposit of $ for the purposes set forth in CIVIL CODE SECTION Owner shall hold the security deposit for the term of the tenancy and, upon termination of the tenancy, comply with all applicable state laws in the refund of the security deposit. At the termination of tenancy, the Resident agrees to return premises to Owner/Agent in the condition at commencement date, except for reasonable wear and tear as provided by law. Owner/Agent shall use the security deposit, or portions thereof, to cover any charges related to Resident s default in the performance of this Agreement, including, but not limited to, painting exclusive of normal wear and tear, cleaning, repair of damages, and to restore, replace or return personal property or appurtenances. Resident hereby further agrees and acknowledges that Resident cannot and will not apply the security deposit toward payment of rent or damages without the prior written consent of Owner/Agent. 5. Late Charges. If Owner/Agent does not receive the rent by the close of business on the day after the due date, Owner/Agent may incur additional costs that are not contemplated by this Agreement. Both parties acknowledge that it is extremely difficult and impractical to determine the exact amount of these costs; however, they include administrative and accounting costs and late charges, which Owner may have to pay by the terms of any loans or debt on the Premises. Therefore, if Owner/Agent does not receive the rent as required, or if checks are returned by a financial institution rent is deemed to be late. Resident shall pay Owner/Agent an additional sum of $ as a late charge. 6. Returned Checks/NSF. In the event a check submitted by Resident is returned for insufficient funds or any other reason, Resident agrees to pay Owner/Agent a return check fee of $25 for the first returned check and $35 for each subsequent check returned in accordance with California Civil Code Multiple Residents or Occupants. Each Resident is jointly and severally liable for all Agreement obligations, including without limitation the payment of rent. If Resident or any guest or occupant violates the Agreement or rules, all Residents are considered to have violated the Agreement. Owner/Agent s requests and notices to any Resident constitute notices to all Residents and occupants. Notices and requests from any one Resident or occupant constitute notice from all Residents or occupants. Security Deposit refunds will be by one check jointly payable to all Residents and sent to the address provided in writing at move-out. If no address is provided, the check will be mailed to the last-known address. 8. Co-Signers. [If applicable] The co-signer [name of cosigner] named in this Rental Agreement is not a Resident of the subject Premises, but a person who has accepted financial responsibility for the unit while rented to the Resident whose signature is on this Agreement. Cosigners shall carefully read the extent of his/her obligations below and detailed on the attached Addenda. The co-signer agrees to accept responsibility for all rent past due, damages, court costs and attorney s fees and agrees to stand in the place of the Resident financially in every way. Residents, sub-residents and co-signers jointly and severally accept liability for all obligations under this Rental Agreement. The co-signer appoints the Resident as agent for receipt of notices under this Agreement. Resident is responsible for notifying the cosigner of all received notices. The co-signer also specifically accepts responsibility for any month-to-month tenancy created after expiration of the Agreement. 9. Use of Premises. Resident agrees to use the premises solely as a private residence. The furnishing by Owner/Agent to Resident of any storage space, electronic access controls and gates, shall be deemed to be furnished gratuitously and Owner/Agent makes no representations or guarantees as to the availability, adequacy, or fitness of such space, devices, or facilities. 10. Garage and/or Storage Unit. Resident shall properly maintain garage and/or storage unit if applicable. Resident shall not keep nor store flammable items such as gasoline, paint or spray cans, any flammable items or newspapers in these areas. Resident shall promptly notify Management of any maintenance issues in these spaces. Resident agrees that he/she is solely responsible for insuring his/her personal property and Owner/Agent is not responsible for any damage caused to items stored in these spaces or elsewhere on the Premises. Resident agrees to release and hold harmless Owner/Agent from any attempt to recover in any way from Owner/Agent, and any related companies, and all other persons, of and from any and all manner of actions, causes of action, claims, damages, of any nature whatever, known or unknown regarding the storage of personal property. 11. Utilities. Resident acknowledges and agrees that Owner /Agent is not a provider of utility services and that Owner/Agent does not guarantee or warrant that there will be no interruption of utility services during the term of the Agreement. In the event of an interruption of services, Resident shall contact the provider of utility services and inform Owner /Agent of the interruption. Resident Form 200sfr 2017 rev12/17 Pages 2 of 8

3 further agrees to pay all charges assessed by the utility provider (or Owner/Agent in the case of utilities billed to Resident by Owner/Agent) in connection with Resident s use of utilities. Resident is hereby responsible for paying the following utilities: Water Electricity and Gas Cable/ Internet Telephone. Other Resident shall also be responsible for notifying the appropriate utility provider on or before the move-in date for the purpose of placing such utilities in Resident s name. Resident s failure to notify the appropriate utility provider by move-in may result in Owner/Agent assessing additional charges for the utility service for the period from move-in until such time as utilities are placed in Resident s name, together with Owner/Agent s reasonable costs for determining such assessment. Resident is responsible for paying these utilities through and including the complete term of this agreement. 12. Damage and Destruction. All persons signing this Agreement as Residents are liable for all damages to the Premises caused by Residents, occupants and guests. In the event of damage to the premises by fire, water, or other hazard; or in the event of malfunction of equipment or utilities, Resident shall immediately notify Owner/Agent. In the event of significant damage to the Premises, Owner/Agent may, at his/her option, terminate this Agreement. 13. Right of Entry and Inspection. Resident agrees that Owner/Agent shall serve Resident with proper notice prior to entry at any reasonable time for purposes provided for in accordance with California Civil Code 1954 including, but not limited to, making repairs, to exhibit the unit to prospective or actual purchasers of the property, or to confirm surrender or abandonment of the unit. Owner/Agent shall have the right of entry without prior notice if entry is due to an emergency or abandonment. 14. Quiet Enjoyment. Resident shall not commit nor allow to be committed any waste upon the Premises or any nuisance or other act which may disturb the quiet enjoyment of any other person. 15. Maintenance and Repair. Resident agrees to: (a) keep the unit clean; (b) use all appliances, fixtures, and equipment in a safe manner and only for the purposes for which they are intended; (c) not litter; (d) not destroy, deface, damage or remove any part of the Premises; (e) give Owner/Agent prompt written notice of any defects or maintenance issues at the premises; (f) remove garbage and other waste in a clean and safe manner and properly dispose in refuse receptacles; (g) not interfere with the safe and quiet enjoyment of others; (h) not make any repairs or modification to the premises without prior written consent of Owner/Agent; and (i) not dispose of improper items in disposal, sink or toilet; (g) and not interfere with the maintenance staff in performing their work. Landscaping. (Please select one): is responsible for maintaining both front and backyard in the property. Special instructions for maintenance: is responsible only for maintaining the backyard of the property. Special instructions for maintenance: is not responsible for landscaping. Owner is responsible for landscaping maintenance of the property. 16. Condition of Premises/Alterations. Resident has inspected the Premises and all improvements, furnishings and fixtures therein and found them to be in good condition and agrees to maintain the same in said condition. Unless authorized by Owner/Agent in writing, Resident may not perform any repairs, painting, wallpapering, carpeting, electrical changes or any other alteration to the Premises without prior written permission of Owner/Agent. Any improvements to the Premises (whether or not Owner/Agent has consented) will become Owner/Agent s property unless Resident and Owner/Agent agree in writing otherwise. Any changes to locks or rekeying must be authorized in writing by the Owner/Agent. Resident agrees to provide Owner/Agent, with a copy of the key/ combination to doors in the event that the Owner/Agent authorized in writing changes to locks. Form 200sfr 2017 rev12/17 Pages 3 of 8

4 17. Pets. No pets are allowed (even temporarily) anywhere on the Premises without prior written consent from Owner/Agent, payment of applicable fees, and signing of a Pet Addendum. 18. Safety and Crime Free. Resident, any members of the Resident s household, occupants, guests or other persons under the Resident s control shall not engage in any criminal activity on the premises. Resident acknowledges, agrees and understands that Owner/Agent does not provide law enforcement or private protection services for Resident. IN CASE OF A DISTURBANCE OR EMERGENCY, RESIDENT SHOULD FIRST REQUEST ASSISTANCE FROM THE APPROPRIATE LOCAL AUTHORITY (POLICE DEPARTMENT, FIRE DEPARTMENT, PARAMEDICS, ETC.) Resident shall also notify Owner /Agent in the event of a disturbance or emergency on the Premises. RESIDENT UNDERSTANDS THAT ANY PROTECTIVE STEPS OWNER/AGENT HAS TAKEN ARE NEITHER A GUARANTEE NOR WARRANTY THAT THERE WILL BE NO CRIMINAL ACTS OR THAT RESIDENT WILL BE FREE FROM THE VIOLENT TENDENCIES OF THIRD PERSONS. RESIDENT HAS BEEN INFORMED AND UNDERSTANDS AND AGREES THAT HIS/HER PERSONAL SAFETY AND SECURITY IS HIS/HER PERSONAL RESPONSIBILITY 19. Registered Sex Offender Notice: Pursuant to Section of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at 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 lives. 20. Personal Injury and Property Loss: Owner/Agent is not liable to Resident or Resident s guests or occupants for any claim based upon personal injury or damage or loss of personal property from, among other things, mold, mildew, fire, smoke, rain, flood, water, leaks, hail, ice, snow, lightning, wind, explosions, interruption of utilities, vandalism, theft, or from any other cause whatsoever unless that injury or damage is caused by Owner/Agent s negligence. Resident accepts full responsibility for all of the behavior, acts, injuries, damages or losses to persons and property that result from Resident s acts or failure to act, or from the actions or failures to act of other occupants or Resident s guests. If Resident asks Owner/Agent s representatives to perform services not contemplated in the Agreement, Resident will indemnify, defend and hold Owner/Agent harmless from all liability for those services. Resident is informed that Owner/Agent s insurance does not cover Resident s property, acts or omissions. Residents can protect their personal property by acquiring fire/theft or renters insurance. 21. Military Clause: Military personnel on active duty may terminate this Rental Agreement if: Resident becomes a member of the Armed Forces of the United States after Resident enters into the Rental Agreement or if Resident is or becomes a member of the Armed Forces of the United States and receives: Orders for a permanent change of station or Orders to deploy for a period of at least 90 days. Resident must give Owner/Agent written notice of termination, and the termination date must be at least 30 days after the first date on which the next rental payment is due and payable. Resident must furnish Owner/Agent with proof to establish that Resident qualifies for this limited exception. Proof may consist of any official military orders, or any notification, certification, or verification from the service member s commanding officer, with respect to the service member s current or future military duty status. Military permission for base housing does not constitute a permanent change-of-station order. 50 U.S.C. App Vehicle Parking and Liability: Owner/Agent does not insure vehicles of Resident nor assume any responsibility for safeguarding Resident s vehicle. It is recommended that residents carry automobile insurance to cover any loss. Garage doors, if any, shall be kept closed when not in use. Resident may not store any items of personal property in the garage that would be a fire hazard or that are stored in an unkempt manner. Resident may not leave animals in garage, even temporarily. Resident may not store any hazardous materials in the garage. Vehicles are only permitted to be parked in the garage or other authorized space. No parking of vehicles is permitted on the grass, sidewalk or patio. Resident will be charged for clean-up and damage when vehicles leak fluids in garages or on driveways. All vehicles in violation of the rules will be towed without notice in compliance with the California Vehicle Code at the vehicle owner s expense. Owner/Agent assumes no liability for damage to vehicle, loss of use or cost of recovery. 23. State of California Proposition 65. The State has identified hundreds of chemicals known to cause cancer and/or birth defects and other harm. In addition, state law requires that businesses with 10 or more employees post warning signs of the potential exposure to any such chemicals. Given that these chemicals are contained in commonly used products, Owner/Agent has posted warning signs in compliance with state law where applicable. For additional information, please refer to Form 200sfr 2017 rev12/17 Pages 4 of 8

5 24. Moisture and Mold. Resident is hereby notified that mold can grow if the Premises are not properly maintained or ventilated. If moisture is allowed to accumulate in the Premises, it can cause mildew and mold to grow. It is important that Resident regularly allow air to circulate. It is also important that Resident keeps the interior of the Premises clean and that he/she promptly notifies Owner/Agent of any leaks, moisture problems and/or mold growth. Resident agrees to maintain the Premises in a manner that prevents the growth of mold or mildew in the premises. 25. Bed Bugs. In accordance with California Civil Code 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. (a) Procedures to report infestations to landlord: Resident agrees to immediately notify in writing to Owner/Agent any sighting or signs of Bedbugs. Since Bedbugs multiply fast and can become an infestation affecting not only the Resident, but other individuals/units in the rental property, Resident understands that it is of utmost importance to report of any Bedbug sightings or signs immediately. 26. Pesticide Disclosure. Resident has been advised that Owner/Agent may contract with a pest control company to periodically provide preventative pest control services to the premises and in the event that owner contracted with a pest control company, resident shall receive a written notice regarding pesticides used on the premises as provided for under Business and Professions Code 8538 and California Civil Code State law requires that Residents be given the following information: CAUTION - Pesticides are toxic chemicals. Structural Pest Control Operators are licensed and regulated by the Structural Pest Control Board and apply pesticides that are registered and approved for use by the California Department of Food and Agriculture and the United States Environmental Protection Agency. Registration is granted when the state finds that based on existing scientific evidence there are no appreciable risks if the proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center and your pest control operator immediately. 27. Smoke and Carbon Monoxide Detectors. The Premises is equipped with smoke and carbon monoxide detectors in accordance with Ca. Health and Safety Code Resident must test the detectors periodically and immediately report any malfunctions to Form 200sfr 2017 rev12/17 Pages 5 of 8

6 Owner/Agent. If Resident disables a smoke and/or carbon monoxide detector by (1) damaging it, or (2) removing the battery and not immediately replacing batteries and retesting the alarm, Resident will be liable to Owner/Agent and others for any loss or damage from fire, smoke or water if that condition arises from Resident disconnecting, or failing to replace batteries; from Resident not reporting alarm malfunctions, and/or from Resident s negligence. Resident agrees to allow the Owner/Agent access to the Premises to test the smoke and/or carbon monoxide detectors as required by law. Resident(s) must inform the Owner /Agent immediately in writing of any defect, malfunction or failure of any detector. 28. Tobacco Smoke Warning. Resident hereby understands that the entire property, including interior, exterior and yard, contains chemicals, which may include tobacco smoke or smoke residue. Tobacco smoke is known to the State of California to cause cancer and birth defects or other reproductive harm. Resident agrees to inform Resident s guests of these findings. California Health and Safety Code Section Marijuana. The planting and growth and consumption of cannabis is prohibited on the premises by the tenant(s) or guests without prior written consent of the Owner/Agent. 30. Waiver. The waiver by the Owner/Agent of any breach by the Resident of any term or condition of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term or condition. 31. Default by Resident. Resident's performance of each of Resident's obligations under this Agreement is a condition as well as a covenant. Resident's right to continue in possession of the leased Premises is conditioned upon such performance. Time is of the essence in the performance of all covenants and conditions. Resident shall be in material default under this Agreement in the following circumstances: (a) If Resident abandons or vacates the premises, (b) If Resident fails to pay rent or any other charge required when due, (c) If Resident fails to perform any of Resident's non-monetary obligations under this Agreement, or (d) Resident has supplied any false or misleading information on a rental application or similar instrument. In the event Resident has been judicially evicted, surrenders the Premises, or abandons the premises as defined by law, Owner/Agent or law officers may remove and/or store all property remaining on the premises. Owner/Agent shall not be responsible for any casualty loss, damage or theft in the process of removing and/or storing such property and Owner/Agent reserves the right to dispose of such property in compliance with the state s abandonment laws and procedures. 32. Termination of Tenancy. Resident may terminate a month-to-month tenancy with at least a 30-day written notice. The Owner/ Agent may terminate a month-to-month agreement by either a 30-day or 60-day notice in compliance with California Law. If personal property is left on Premises, Resident may minimize the costs of storage if property is claimed. If resident fails to claim this property within two or more days after vacating the leased Premises, resident may be responsible for paying the Owner/Agent the reasonable cost of storage for all the personal property left at the leased Premises. If left unclaimed, this property may be disposed of pursuant to Civil Code Section Surrender of Premises/Turn in Keys. Resident agrees on the last day of the term of this Rental Agreement to remove all personal property and turn over possession and surrender to Owner/Agent the Premises and fixtures and all property belonging to Owner/Agent at the same level of cleanliness and repair as it was at the inception of tenancy. Upon termination of tenancy, the Resident shall return the Premises to the Owner/Agent. 34. Addenda to the Agreement. Resident acknowledges that all Addenda executed simultaneously with the execution of this Agreement are now a part of this Agreement and therefore legally binding. Additional Addenda may be added during the term by mutual agreement between Owner /Agent and Resident. 35. Flooding. Please be advised that this property may be located in a special flood hazard area or an area of potential flooding (Please check one of the following if it applies): The owner has received written notice from a public agency stating that the property is located in a special flood hazard area or an area of potential flooding. The property is in an area in which the owner s mortgage holder requires the owner to carry flood insurance. Form 200sfr 2017 rev12/17 Pages 6 of 8

7 The owner currently carries flood insurance. The owner has no knowledge of the property being located in a special flood hazard area or an area of potential flooding. Tenants may obtain information about hazards, including flood hazards, that may affect the property from the Internet Web site of the Office of Emergency Services: Tenant understands that the owner s insurance does not cover the loss of the tenant s personal possessions and it is recommended that the tenant consider purchasing renter s insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss. 36. Attorney s Fees. The prevailing party shall have the right to collect from the other party a maximum of $1,500 for attorney and legal fees if no option from below is selected. Resident and Owner/Agent agree that each party will be responsible for their own legal fees and costs unless otherwise agreed in writing by both Parties. Resident and Owner/Agent agree that the maximum amount that may be awarded to the prevailing party in any arbitration, litigation or other proceeding for attorneys' fees shall be $. If an action is brought for the enforcement of the terms of the Lease Agreement, including the recovery of rent or other money due under the Agreement or by reason of a breach of any covenant or for the recovery of possession premises, or to compel the performance of anything agreed to be done by Resident, or to recover for damages to property, or to enjoin any act contrary to the provisions of the Lease Agreement, Resident will pay Owner all reasonable fees and costs in connection herewith. 37. Arbitration. Resident shall report to Owner/Agent any accident or occurrence within forty-eight (48) hours in which any Occupant, family member or guest of Resident was or may have been injured. Any claim for personal injury or property damage or any other claim that arises in connection with this Rental Agreement or Resident's tenancy, (including claims relating to the habitability of the Premises but excluding unlawful detainer proceedings) that cannot be resolved between Resident and Owner/Agent shall be resolved only by arbitration in accordance with the rules of the American Arbitration Association, although not necessarily under its auspices, and Resident hereby waives the right to file an action in any other forum. The provisions of California Code of Civil Procedure Section are incorporated herein. The written decision of the arbitrator shall be final and conclusive as to all parties to such dispute. 38. Owner/Manager and service of process. The owner of the leased premise is: Name of individual authorized to accept service on behalf of the owner or property manager or property management company Company (if applicable) Address (Physical): City: State: Zip: Telephone: Please note that address must be a physical address and may not be a P.O. Box. Form 200sfr 2017 rev12/17 Pages 7 of 8

8 39. Entire Agreement. This Agreement and the attachments hereto constitute the entire agreement between the parties. There are no oral or written representations or agreements made by Resident or Owner/Agent that supersede or modify this Rental Agreement. In the event any provision of this Rental Agreement shall be deemed illegal or unenforceable, it shall not void this contract or any provision thereof. The balance of the terms and conditions herein shall remain in full force and effect. 40. Modifications: The foregoing and attached Addenda may only be modified in writing and signed by both parties hereto. 41. Signatures. The undersigned expressly understands that the above contains provisions under which this lease may automatically continue as a tenancy from month to month upon expiration of the term thereof. This Rental Agreement may be executed in multiple counterparts, with one copy to be furnished to Resident and the other copy to be retained by Owner/Agent; and facsimile copies shall be admissible for all purposes. Resident(s): Owner/Agent: Form 200sfr 2017 rev12/17 Pages 8 of 8