|
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:
________________________________________________________________