RESIDENTIAL LEASE-RENTAL AGREEMENT AND DEPOSIT RECEIPT

RECEIVED FROM   _____________, hereinafter referred to as Tenant, the sum of $200.00  (two hundred dollars), evidenced by Zelle Transfer Conf# ____________ dated __/__/2021, as a deposit which, upon acceptance of this rental agreement, the Owner of the premises, hereinafter referred to as Owner, shall apply said deposit as follows:


DEPOSIT RECEIVED
BALANCE OWING
PRIOR TO OCCUPANCY
Rent for the period from June 1, 2021 to June 30, 2021 $ 200.00 $ 3,000.00
Security deposit (not applicable toward last month's rent) $     0.00 $ 3,500.00
Other charges: Non Refundable Credit Check $    0.00 $       0.00
TOTAL $ 200.00 $ 6,500.00

In the event that this agreement is not accepted by the Owner or his authorized agent, within 3 (three) days, the total deposit received shall be refunded.  Tenant hereby offers to rent from the Owner the premises situated in the City of Pleasant Hill, County of Contra Costa, State of California, described as: 60 Mozden Lane and consisting of Unit No. 60 in Two Worlds Development and one parking space, upon the following TERMS and CONDITIONS:

1. TERM:  The term hereof shall commence on June 1, 2021, and continue until May 31, 2021 for a total rent of $38,400.00 (thirty eight thousand four hundred dollars).  Additionally, on June 1, 2022 this Lease Agreement shall convert to a month-to-month basis rental agreement which can be terminated by either party serving a written 30 day notice delivered by certified mail.

2. RENT: Rent shall be $3,200.00 per month, payable in advance, upon the first day of each calendar month to Owner or his authorized agent, by Zelle electronic transfer to 925-943-1120, or at the following address: P.O. BOX 5188, Concord, California 94524 or at such other places as may be designated by Owner from time to time. In the event that rent is not paid by 5:00 p.m. of the due date, Tenant agrees to pay a late charge of $50.00, plus an additional $2.00 per day until paid.  Tenant agrees further to pay $25.00 for each dishonored bank check, plus applicable late charges.  The late charge period is not a grace period, and Owner is entitled to make written demand for any rent unpaid on the second day of the rental period.  Any unpaid balances remaining after termination of occupancy are subject to 1.5 % interest per month or the maximum rate allowed by law.  Tenant acknowledges, understands, and agrees late fees and bad check fees shall be deemed additional rent and shall be deducted first from the next rent payment received. Monies received from Tenants shall first be applied to unpaid Security Deposit, second to Late Fee or Insufficient Funds Fee (NSF), third to NSF checks, fourth to other charges, and fifth to rent.

3. MULTIPLE OCCUPANCY: It is expressly understood that this agreement is between the Owner and each signatory, jointly and severally. In the event of default by any one signatory, each and every remaining signatory shall be responsible for timely payment of all rent and all other provisions of this agreement.  All co-tenants shall become signatories of this agreement and shall be subject to Owner's approval prior to occupancy.  (This means that each co-tenant and/or each cosigner/ guarantor is responsible for the total amount of rent, damages, or other obligations if the Tenant defaults.) 

4. UTILITIES: Tenant shall be responsible for the payment of all utilities and services.

5. USE: The premises shall be used exclusively as a residence with no more than three (3) persons. Guests staying more than a total of ten (10) days in a calendar year without written consent of Owner shall constitute a violation of this agreement.

6. ANIMALS: No animals shall be brought on the premises.

7. HOUSE RULES:  Tenant agrees to abide by any and all house rules (i.e. Two Worlds Pleasant Hill Gregory Lane Owners' Association Policies, Rules and Regulations), whether promulgated before or after the execution hereof, including, but not limited to,  rules with respect to noise, odors, disposal of refuse, animals, parking, and use of common areas.  Tenant shall not have a waterbed on the premises without prior written consent of the Owner.

8. ORDINANCES AND STATUTES: Tenant shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the use of the premises.

9. ASSIGNMENT AND SUBLETTING: Tenant shall not assign this agreement or sublet any portion of the premises without prior written consent of the Owner.

10. MAINTENANCE, REPAIRS, OR ALTERATIONS:  Tenant acknowledges that the premises are in good order and repair, unless otherwise indicated on the MOVE-IN SHEET signed by both the Tenant and the Owner.  Tenant shall read, check, make comments if any, sign, date and return the MOVE-IN SHEET to the Owner within ten (10) days of occupancy.  Tenant agrees that unless the Owner signs the MOVE-IN-SHEET within 10 days of occupancy, Tenant will sign, date and return the MOVE-IN-SHEET to the Owner on demand. Tenant shall be deemed to have possession of all items listed in the MOVE-IN SHEET. Tenant shall at his own expense, and at all times, maintain the premises in a clean and sanitary manner, pest free, including all equipment, appliances, furniture and furnishings therein and shall surrender the same, at termination hereof, in as good condition as when received, normal wear and tear excepted.  Tenant shall be responsible for damages caused by his negligence and that of Tenant's family or invitees and guests.  Tenant shall not repair or replace any portion of the premises, furniture or furnishings damaged by the Tenant, without the prior written consent of the owner.  Any replacement article or part shall be at least of the same quality or better than the article or part being replaced prior to the damage.  Tenant shall not paint, wallpaper or otherwise redecorate or make alterations to the premises without prior written consent of the Owner. Tenant shall irrigate and maintain any surrounding grounds including lawns and shrubbery, and keep the same clear of rubbish or weeds if such grounds are part of the premises and are exclusively for the use of the Tenant. Tennant shall not commit any waste upon said premises, or any nuisance or act which may disturb the quiet enjoyment of any tenant in the condominium complex.  Tenant shall be responsible for all inspection costs where the inspection is performed on Tenant's request, and where the findings indicate no repairs to the inspected equipment and/or appliances are necessary.

11. INVENTORY:  Any furnishings and equipment to be furnished by Owner shall be set out in a special inventory and shall be listed in the MOVE-IN SHEET.  The MOVE-IN SHEET shall be signed by both Tenant and Owner concurrently with this Lease and shall be part of this Lease.

12. DAMAGES TO PREMISES: If the premises are so damaged by fire or from any other cause as to render them untenantable, than either party shall have the right to terminate this Lease as of the date on which such damage occurs, through written notice to the other party, to be given within fifteen (15) days after occurrence of such damage; except that should such damage or destruction occur as the result of the abuse or negligence of Tenant, or its invitees, then Owner only shall have the right to termination.  Should this right be exercised by either Owner or Tenant, then rent for the current month shall be prorated between the parties as of the date the damage occurred and any prepaid rent and unused security deposit shall be refunded to Tenant.  If this Lease is not terminated, then Owner shall promptly repair the premises and there shall be a proportionate deduction of rent until the premises are repaired and ready for Tenant's occupancy.  The proportionate reduction shall be based on the extent to which the making of repairs interferes with Tenant's reasonable use of the premises.

13. ENTRY & INSPECTION:  Owner shall have the right to enter the premises: (a) in case of emergency; (b) to make necessary or agreed repairs, decorations, alterations, improvements, supply necessary or agreed services, exhibit the premises to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors; (c) when tenant has abandoned or surrendered the premises.   Except under (a) and (c), entry may not be made other than during normal business hours, and without not less than 24 hours prior notice to Tenant.

14. LIABILITY: Tenant assumes full responsibility for any and all damages caused by Tenant personal property whether Tenant was negligent or not (i.e.: waterbeds, aquariums, etc.), to either Owners property, neighboring residents' property, downstairs commercial property and/or their own property.

15. INDEMNIFICATION: Owner shall not be liable for any damages or injuries to Tenant, or any other person, or to any property, occurring on the premises, in the common areas, or any part thereof, unless such damage is the proximate result of the negligence or unlawful act of Owner, his agents, or his employees.  Tenant agrees to hold Owner harmless from any claims for damages, no matter how caused, except for injury or damages for which Owner is legally responsible.  Tenant's personal property is not insured by Owner.  Tenant agrees to pay, indemnify, and hold owner harmless from and against any and all loss, costs, damages, or expenses, including without limitation, attorneys fees, costs, and expenses incurred by Owner arising out of any damages to the premises resulting from Tenant's intentional or negligent conduct, including, but not necessarily limited to, damages from parties, water beds, pets, or Tenant's family, invitees, or guests.

16. TRELLIS: Tenant shall not climb, walk or stand on any part of the trellis or plant boxes located on and around the deck and the balcony.  Tenant is hereby warned that such activity may result in personal injury, loss of life and/or property damage.

17. LADDER: The premises are equipped with a ladder provided for Tenant's access to the attic storage space from the second bedroom.  The ladder shall not be used for any other purpose.  The ladder is equipped with two safety locks, both of which must always be correctly inserted and locked in position when the ladder is in use.  Folding, unfolding and positioning of the ladder shall be done with extreme caution to avoid injuries.  Tenant acknowledges having received a demonstration on the proper use of the ladder and agrees to use the ladder solely at his/her own risk.

18. PHYSICAL POSSESSION: If Owner is unable to deliver possession of the premises at the commencement hereof, Owner 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.  Tenant may terminate this agreement if possession is not delivered within ten (10) days of the commencement of the term hereof.

19. DEFAULT: Any failure by Tenant to pay rent when due, or perform any terms hereof, shall at the option of the Owner, terminate all rights of Tenant hereunder. In the event of a default by Tenant, Owner may elect to: a.) Continue the Lease in effect and enforce all his rights and remedies hereunder, including the right to recover the rent as it becomes due, and/or b.) At any time, terminate all of Tenant's rights hereunder and recover from Tenant all damages that incurred by reason of the breach of the Lease, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss which the Tenant proves could be reasonably avoided. Should Tenant breach this Lease, the Community Policies or any other agreement with the Owner, any Civil or Criminal Code, or Owner or Owner's agent request to vacate the premises, the Tenant will be responsible for the rent for the duration of this Lease or until the apartment is released, whichever is the shorter period of time. "As required by law, you are hereby notified that a negative credit report reflecting on your credit report may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligation."

20. SECURITY:  The security deposit set forth shall secure the performance of Tenant's obligations hereunder.  Owner may, but shall not be obligated to, apply all portions of said deposit on account of Tenant's obligations hereunder.  Any balance remaining upon termination shall be returned to Tenant.  Tenant shall not have the right to apply the security deposit in payment of the last month's rent.

21. CLEANING:  Prior to occupancy the windows and windows screens were cleaned, carpets were steam cleaned, unit interior was sprayed for pest control and the unit was generally cleaned (kitchen, kitchen appliances, bathrooms, window blinds, light fixtures) by professional cleaning companies.  Tenant acknowledges having received the unit in clean condition and promises to return the unit in the same clean condition.  Tenant agrees to have the entire carpet steam cleaned at least once every 12 months and upon return of the unit to the Owner.  Tenant agrees to pay for all final cleaning services prior to returning the unit to the Owner, including carpet steam cleaning, inside and outside windows/screens cleaning and interior pest control spray.  For the final cleaning, Tenant agrees to use exclusively the services of Start Fresh Restoration ( 925-934-5577 ) for carpets, A Clear Choice (925-787-2319) for windows and screens, and  Bug Zappers ( 925-825-2847) for pest control spray.  Tenant agrees to submit all invoices paid for cleaning services to Owner for inspection upon request.  Tenant agrees to schedule all final cleaning services to be performed only after all Tenant's property is removed from the premises.  If upon termination of tenancy Tenant fails to return the unit in the original clean condition, Owner reserves the right to withhold and to apply monies from Tenant's security deposit towards cleaning.

22. KEYS:  Prior to occupancy, Owner will provide Tenant with two keys for the entry door, two keys for the mailbox and one key to open both  the pool gate and the garbage dumpster.   Upon termination of tenancy, Owner will retain $25 from the security deposit for each key lost or not returned by the Tenant.  Tenant must obtain Owner's permission prior to replacing door locks.  Tenant must provide the Owner with four (4) additional keys within 24 hours of door lock replacement.

23. DEPOSIT REFUNDS:  The balance of all deposits shall be refunded within two weeks from date possession is delivered to Owner or his Authorized Agent, together with a statement showing any charges made against such deposits by Owner.

24. ATTORNEY'S FEES: In the event that Owner shall prevail in any legal action, mediation, or arbitration, brought by either party to enforce the terms hereof or relating to the demised premises, Owner shall be entitled to recover all costs incurred in connection with such action, including a reasonable attorney's fee.

25. WAIVER: No failure of Owner to enforce any term hereof shall be deemed a waiver.  The acceptance by Owner shall not wave his right to enforce any term hereof.

26. NOTICES: Any notice which either party may or is required to give, may be given by mailing the same, postage prepaid, to Tenant at the premises or to Owner at the address shown herein, or at such other places as may be designated by the parties from time to time.

27. HOLDING OVER: Any holding over after expiration hereof, with the consent of the Owner, shall be construed as a month-to-month tenancy in accordance with the terms hereof, as applicable, until either party shall terminate the same by giving the other party thirty (30) days written notice delivered by certified mail.

28. SEVERABILITY: If any provisions of this agreement or attachment shall be declared by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

29. TIME:  Time is of the essence of this agreement.

30. ENTIRE AGREEMENT: Where indicated below, the following constitute the entire agreement between the parties and may be modified only by a writing signed by both parties.
__X__ Residential Lease-Rental Agreement, pages 1, 2 & 3
__X__ Original MOVE-IN SHEET
__X__ Two Worlds Pleasant Hill Gregory Lane Owners' Association Pool Rules
__X__ Two Worlds Pleasant Hill Gregory Lane Owners' Association Parking Rules

The undersigned Tenant hereby acknowledges receipt of a copy hereof.

DATED:______________________  Tenant: ________________________________________________________________ 

DATED:______________________  Tenant: ________________________________________________________________

ACCEPTANCE:

DATED:______________________  Owner: ________________________________________________________________