The Law Firm of Dennis P. Block & Associates
Residential Lease Agreement
LANDLORD_______________________________________________________________
TENANT(S)_______________________________________________________________
PROPERTY ADDRESS _____________________________________________________
1. RENTAL AMOUNT: Commencing _______________ TENANT agrees to pay
LANDLORD the sum of $_________ per month in advance on the _____ day of each calendar
month. Said rental payment shall be delivered by TENANT to LANDLORD or his designated agent to
the following location ____________________________________________________________ .
Rent must be actually received by LANDLORD, or designated agent, in order to be considered in
compliance with the terms of this agreement.
(Check If Applicable)____A prorated share of rent in the sum of $_________ is being paid to cover
the period from ______________________ to ________________________.
2. TERM: The premises are leased on the following lease term: (please check one item only)
______ month to month (OR) _____ until _________________ .
3. SECURITY DEPOSITS: TENANT shall deposit with landlord the sum of $_____________ as a
security deposit to secure TENANT'S faithful performance of the terms of this lease. The security
deposit shall not exceed two times the monthly rent. After all the TENANTS have vacated, leaving the
premises vacant, the LANDLORD may use the security deposit for the cleaning of the premises, any
unusual wear and tear to the premises or common areas, and any rent or other amounts owed pursuant
to the lease agreement or pursuant to Civil Code Section 1950.5. TENANT may not use said deposit for
rent owed during the term of the lease. Within 21 days of the TENANT vacating the premises,
LANDLORD shall furnish TENANT a written statement indicating any amounts deducted from the
security deposit and returning the balance to the TENANT. If TENANT fails to furnish a forwarding
address to LANDLORD, then LANDLORD shall send said statement and any security deposit refund
to the leased premises.
4. INITIAL PAYMENT: TENANT shall pay the first month rent of $_________ and the security
deposit in the amount of $__________ for a total of $___________ . Said payment shall be made in
the form of cash or cashier's check and is all due prior to occupancy.
5. OCCUPANTS: The premises are rented for residential purposes only and shall not be occupied by
any person other than those designated above as TENANT with the exception of the following named
persons:
___________________________________________________________________________
If LANDLORD, with written consent, allows for additional persons to occupy the premises, the rent
shall be increased by $100 for each such person. Any person staying 14 days cumulative or longer,
without the LANDLORD'S written consent, shall be considered as occupying the premises in violation
of this agreement.
6. SUBLETTING OR ASSIGNING: TENANT agrees not to assign or sublet the premises, or
advertise to do so, without first obtaining written permission from LANDLORD.
7. UTILITIES: TENANT shall pay for all utilities and/or services supplied to the premises with the
following exception __________________________________________________ .
8. PARKING: TENANT ___is not ___is (check one) assigned a parking space. If assigned a parking
space it shall be designated as space #__________ . TENANT may only park a vehicle that is
registered in the TENANT'S name. TENANT may not assign, sublet, or allow any other person to use
this space. This space is exclusively used for the parking of passenger automobiles by the TENANT.
No other type of vehicle or item may be stored in this space without prior written consent of
LANDLORD. TENANT may not wash, repair, or paint in this space or at any other common area on
the premises. Only vehicles that are operational and currently registered in the State of California may
park in this space. Any vehicle that is leaking any substance must not be parked anywhere on the
premises.
9. CONDITION OF PREMISES: TENANT acknowledges that the premises have been inspected.
Tenant acknowledges that said premises have been cleaned and all items, fixtures, appliances, and
appurtenances are in complete working order. TENANT promises to keep the premises in a neat and
sanitary condition and to immediately reimburse landlord for any sums necessary to repair any item,
fixture or appurtenance that needed service due to TENANT'S , or TENANT'S invitee, misuse or
negligence. TENANT shall be responsible for the cleaning or repair to any plumbing fixture where a
stoppage has occurred. TENANT shall also be responsible for repair or replacement of the garbage
disposal where the cause has been a result of bones, grease, pits, or any other item which normally
causes blockage of the mechanism.
10. ALTERATIONS: TENANT shall not make any alterations to the premises, including but not
limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or other items
without first obtaining written permission from LANDLORD. TENANT shall not change or install
locks, paint, or wallpaper said premises without LANDLORD'S prior written consent, TENANT shall
not place placards, signs, or other exhibits in a window or any other place where they can be viewed by
other residents or by the general public. TENANT shall not store any object on the property outside of
the unit.
11. LATE CHARGE/BAD CHECKS: The parties agree that it would be impractical or extremely
difficult to fix the actual damage incurred by the LANDLORD if the TENANT fails to pay the rent
timely. An administrative cost, which is related to collecting and accounting for the late payment, will
be assessed at the rate of $3.00 per day for no more than 20 days from the date the late fee began. The
late charge will commence the day after the rent is due. The parties further agree that the acceptance of
this provision will be conclusive evidence, in any legal proceeding, that calculating actual damage
would be impractical and extremely difficult to fix. Furthermore, the late fee assessed above, is
conclusive evidence in any legal proceeding that it is a reasonable administrative cost. If rent is not
paid when due and landlord issues a 'Notice To Pay Rent Or Quit', TENANT must tender cash or
cashier's check only. If TENANT tenders a check, which is dishonored by a banking institution, then
TENANT shall only tender cash or cashier's check for all future payments. This shall continue until
such time as written consent is obtained from LANDLORD. In addition, TENANT shall be liable in the
sum of $25 for each check that is returned to LANDLORD because the check has been dishonored. A
fee of $50 will be incurred each time the Landlord is required to serve a 3 Day Notice To Pay The Rent
due to the Tenant’s failure to pay rent timely.
12. NOISE AND DISRUPTIVE ACTIVITIES: TENANT or his/her guests and invitees shall not
disturb, annoy, endanger or inconvenience other tenants of the building, neighbors, the LANDLORD or
his agents, or workmen nor violate any law, nor commit or permit waste or nuisance in or about the
premises. Further, TENANT shall not do or keep anything in or about the premises that will obstruct
the public spaces available to other residents. Lounging or unnecessary loitering on the front steps,
public balconies or the common hallways that interferes with the convenience of other residents is
prohibited. This is a completely no-smoking building. Smoking is prohibited in the unit or the common
areas of the property.
13. LANDLORD'S RIGHT OF ENTRY: LANDLORD may enter and inspect the premises during
normal business hours and upon reasonable advance notice of at least 24 hours to TENANT.
LANDLORD is permitted to make all alterations, repairs and maintenance that in LANDLORD'S
judgment is necessary to perform. In addition LANDLORD has all right to enter pursuant to Civil
Code Section 1954. If the work performed requires that TENANT temporarily vacate the unit, then
TENANT shall vacate for this temporary period upon being served with written notice by
LANDLORD. TENANT agrees that in such event, TENANT will be solely compensated by a
corresponding reduction in rent for those many days that TENANT was temporarily displaced. No
other compensation shall be offered to the TENANT. Pursuant to Paragraph 17, TENANT to obtain
Renter's Insurance to cover any relocation costs. If the work to be performed requires the cooperation
of TENANT to perform certain tasks, then those tasks shall be performed upon serving 24 hours
written notice by LANDLORD. (EXAMPLE- removing food items from cabinets so that the unit may
be sprayed for pests or following the written instructions of a pest control company)
14. REPAIRS BY LANDLORD: Where a repair is the responsibility of the LANDLORD, TENANT
must notify LANDLORD with a written notice stating what item needs servicing or repair. TENANT
must give LANDLORD a reasonable opportunity to service or repair said item. TENANT
acknowledges that rent will not be withheld unless a written notice has been served on LANDLORD
giving LANDLORD a reasonable time to fix said item within in the meaning of Civil Code Section
1942. Under no circumstances may TENANT withhold rent unless said item constitutes a substantial
breach of the warranty of habitability as stated in Code of Civil Procedure Section 1174.2. TENANT
shall be responsible for any fines or inspection fees imposed by a governmental office as a result of
TENANT failing to notify the LANDLORD in writing of a deficiency with the premises.
15. PETS: No dog, cat, bird, fish or other domestic pet or animal of any kind may be kept on or about
the premises without LANDLORD'S written consent.
16. FURNISHINGS: No liquid filled furniture of any kind may be kept on the premises. If the
structure was built in 1973 or later TENANT may possess a waterbed if he maintains waterbed
insurance valued at $100,000 or more. TENANT must furnish LANDLORD with proof of said
insurance. TENANT must use bedding that complies with the load capacity of the manufacturer. In
addition, TENANT must also be in full compliance with Civil Code Section 1940.5. TENANT shall not
install or use any washer, dryer, or dishwasher that was not already furnished with the unit. TENANT
shall not have any musical instruments on the premises.
17. INSURANCE: TENANT must maintain Renter's Insurance to cover any losses sustained to
TENANT'S personal property, vehicle or expenses relating to the necessity to relocate or any
other loses. LANDLORD does not maintain this insurance to cover personal property damage or
relocation expenses caused by fire, theft, rain, infestation, water overflow/leakage, acts of
GOD, and/or any other causes. It is acknowledged that LANDLORD is not liable for these occurrences.
It is acknowledged that TENANT'S insurance policy shall solely indemnify TENANT for any losses
sustained. TENANT'S failure to maintain said policy shall be a complete waiver of TENANT'S right to
seek damages against LANDLORD for the above stated losses. The parties acknowledge that the
premises are not to be considered a security building which would hold LANDLORD to a higher degree
of care.
18. TERMINATION OF LEASE/RENTAL AGREEMENT: If this lease is based on a fixed term,
pursuant to paragraph 2, then at the expiration of said fixed term this lease shall become a month to
month tenancy upon the approval of LANDLORD. Where said term is a month to month tenancy,
either party may terminate this tenancy by the serving of a 30 day written notice.
19. NON-CURABLE BREACH OF RENTAL AGREEMENT: It shall be considered a non-curable
breach of this rental agreement, within the meaning of Code of Civil Procedure 1161 subsection 3, if
tenant has not paid the rent when due, three times in any 12 month period. No notice of these
delinquencies need be served on the tenant. Smoking of any substance by the tenant or an invitee shall
also be considered a non-curable breach of this rental agreement.
20. POSSESSION: If premises cannot be delivered to TENANT on the agreed date due to loss, total or
partial destruction of the premises, or failure of previous TENANT to vacate, either party may
terminate this agreement upon written notice to the other party at their last known address. It is
acknowledged that either party shall have no liability to each other except that all sums paid to
LANDLORD will be immediately refunded to TENANT.
21. ABANDONMENT: It shall be deemed a reasonable belief by the LANDLORD that an
abandonment of the premises has occurred where the, within the meaning of Civil Code Section
1951.2, where rent has been unpaid for 14 consecutive days and the TENANT has been absent from
unit for 14 consecutive days. In that event, LANDLORD may serve written notice pursuant to Civil
Code Section 1951.2. If TENANT does not comply with the requirements of said notice in 18 days, the
premises shall be deemed abandoned.
22. WAIVER: LANDLORD'S failure to require compliance with the conditions of this agreement, or
to exercise any right provided herein, shall not be deemed a waiver by LANDLORD of such condition
or right. LANDLORD'S acceptance of rent with knowledge of any default under agreement by
TENANT shall not be deemed a waiver of such default, nor shall it limit LANDLORD'S rights with
respect to that or any subsequent right. It is further agreed between the parties that the payment of rent
at any time shall not be a waiver to any UNLAWFUL DETAINER action unless LANDLORD in
writing specifically acknowledges that this constitutes a waiver to the UNLAWFUL DETAINER
action.
23. VALIDITY/SEVERABILITY: If any provision of this agreement is held to be invalid, such
invalidity shall not affect the validity or enforcement of any other provision of this agreement.
24. ATTORNEY FEES: In the event action is brought by any party to enforce any terms of this
agreement or to recover possession of the premises, the prevailing party shall recover from the other
party reasonable attorney fees not to exceed $500. The sum of $500 shall not be exceeded regardless of
additional fees incurred prior to or subsequent to being declared a prevailing party. It is acknowledged,
between the parties, that jury trials significantly increase the costs of any litigation between the parties.
It is also acknowledged that jury trials require a longer length of time to adjudicate the controversy. On
this basis, all parties waive their rights to have any matter settled by jury trial.
25.ARBITRATION OF DISPUTES: ANY DISPUTE BETWEEN THE PARTIES ARISING FROM
OR RELATING TO A CLAIM FOR PERSONAL INJURY, WHICH IS DIRECTLY OR INDIRECTLY
RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE
COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY
ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such
arbitration shall be held and conducted in the county in which the premises are located before three
arbitrators, who shall be selected as follows: The claimant and respondent shall each select one
arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall
constitute the panel. The provisions of the American Arbitration Association rules shall apply and
govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be
made in writing and must be made within 180 days after the claim, dispute or other matter in question
has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or
equitable proceedings based on such a matter would have been barred by the applicable statute of
limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c)
Each party shall bear their own respective fees and cost relative to the arbitration process, and
attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including
but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the
selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the
arbitrators shall be final, and judgment may be entered on it in accordance with applicable law.
26. NOTICES: All notices to the tenant shall be deemed served upon mailing by first class mail,
addressed to the tenant, at the subject premises or upon personal delivery to the premises whether or
not TENANT is actually present at the time of said delivery. All notices to the landlord shall be served
by mailing first class mail or by personal delivery to the manager's apartment or to:
_____________________________________________________________________
27. PERSONAL PROPERTY OF TENANT: Once TENANT vacates the premises, all personal
property left in the unit shall be stored by the LANDLORD for 18 days. If within that time period,
TENANT does not claim said property, LANDLORD may dispose of said items in any manner
LANDLORD chooses. No further notice need be served by the LANDLORD.
28. ADDITIONAL TERMS: All items owed under this lease, except the security deposit, shall be
deemed additional rent. It shall be considered a substantial breach of this lease agreement if the Tenant
violates any term of this lease agreement. If the premises are subject to a law which requires the
landlord to pay interest on a security deposit, then an additional fee will be owed by the tenant
representing a management fee. This fee shall be a sum equal to 4% of the security deposit or the
amount of interest required to be paid by the landlord, whichever is less. This fee is due on a yearly
basis. Tampering or disconnecting the smoke or carbon dioxide detector is a non curable breach.
29. APPLICATION: All statements in TENANT'S application must be true or this will constitute a
non curable material breach of this lease. TENANT must complete an updated application, including a
census as to the occupants in the unit, upon 7-days written request of the LANDLORD.
30. Lead Warning Statement: Housing built before 1978 may contain lead-based paint. Lead is
harmful to young children and pregnant women. Before renting pre-1978 housing, LANDLORDS must
disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling.
TENANTS must also receive a federally approved pamphlet on lead poisoning prevention.
LANDLORDS Disclosure
LANDLORD has no knowledge of lead-based paint and/or lead-based paint hazards in the premises.
LANDLORD has no reports or records pertaining to lead -based paint and/or lead-based paint hazards
in the premises.
TENANTS Acknowledgment
TENANT has received the pamphlet Protect Your Family From Lead In Your Home. TENANT agrees
to promptly notify LANDLORD in writing of any deteriorated and/or peeling paint.
31. ENTIRE AGREEMENT: The foregoing agreement, including any attachments incorporated by
reference, constitute the entire agreement between the parties and supersedes any oral or written
representations or agreements that may have been made by either party. Further, TENANT represents
that TENANT has relied solely on TENANT'S judgment in entering into this agreement. TENANT
acknowledges having been advised to consult with independent legal counsel before entering into this
Agreement and has decided to waive such representation and advice. TENANT acknowledges that
TENANT has read and understood this agreement and has been furnished a duplicate original.
32. Additional terms____ (See attachment) Note attachment must be sign by all parties to be valid.
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 Web site 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.
Tenant(s) agree to carry Renters Insurance in accordance with paragraph 17.
Date________________
XX___________________________________________________LANDLORD/AGENT
XX__________________________________________________TENANT
XX__________________________________________________TENANT
No representation is made as to the legal validity of adequacy of this agreement. If you desire,
consult with an attorney.
THE LAW FIRM OF DENNIS. P. BLOCK AND ASSOCIATES
1 800 77-EVICT (38428)
Copyright 2007-2014
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