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CALIFORNIA MONTH TO MONTH LEASE

This California Residential Lease Agreement (hereinafter “Lease”) is entered into this

the _____ day of ______ 20_____, by and between the Lessor:

_________________________________ (hereinafter referred to as “Landlord”), and

the Lessee(s): ______________________, ______________________,

______________________, _____________________. All Lessees (hereinafter

referred to collectively as “Tenant”), are jointly, severally and individually bound by, and

liable under, the terms and conditions of this Lease.

For the valuable consideration described below, the sufficiency of which is hereby

acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:

1. GRANT OF LEASE: Landlord does hereby lease unto Tenant, and Tenant does

hereby rent from Landlord, solely for use as a personal residence, excluding all

other uses, the personal residence located with the address of:

______________________________________________

2. NATURE OF OCCUPANCY: As a special consideration and inducement for the

granting of this Lease by the Landlord to the Tenant, the personal residence

described above shall be used and occupied only by the members of the Tenant’s

family or others whose names and ages are set forth below:

3. TERM OF LEASE: This Lease shall commence on the ____ day of

__________________, 20___ and shall continue on a month to month (otherwise

known as a “Tenancy at Will”) with payment due as stated in Section 5 of this

agreement.

4. SECURITY DEPOSIT: Upon execution of this Lease, Tenant shall deposit the sum

of ____________________ ($_______________) to be held by Landlord as a

security deposit for reasonable cleaning of, and repair of damages to, the premises

upon the expiration or termination of this Lease, or other reasonable damages

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resulting from a default by Tenant. Tenant shall be liable to Landlord for all

damages to the leased premises upon the termination of this Lease, ordinary wear

and tear excepted. Tenant is entitled to interest on the security deposit in

accordance with the provisions of the laws of the state of _____. Tenant may not

apply the security deposit to any rent due under this Lease. If Landlord sells or

assigns the leased premises, Landlord shall have the right to transfer Tenant’s

security deposit to the new owner or assignee to hold under this Lease, and upon

so doing Landlord shall be released from all liability to Tenant for return of said

security deposit.

Landlord shall refund a security deposit to the tenant on or before the 45th day

after the date the tenant surrenders the premises. Before returning a security

deposit, the landlord may deduct from the deposit damages and charges for which

the tenant is legally liable under the lease or as a result of breaching the lease. The

landlord may not retain any portion of a security deposit to cover normal wear and

tear. If the landlord retains all or part of a security deposit under this section, the

landlord shall give to the tenant the balance of the security deposit, if any, together

with an itemized list of all deductions. The landlord is not required to give the tenant

a description and itemized list of deductions if (1) the tenant owes rent when he

surrenders possession of the premises and (2) there is no controversy concerning

the amount of rent owed. The landlord is not obligated to return a tenant's security

deposit or give the tenant a written description of damages and charges until the

tenant gives the landlord a forwarding address for the purpose of refunding the

security deposit. The 45 day period following Lease Expiration does not commence

until ALL keys have been returned.

5. RENT PAYMENTS: Tenant agrees to pay unto the Landlord during the term of

this Lease total rent in the sum of

_____________________________________________($_________). Rental

payments are to be made in equal monthly installments of ( ), said installment for

each month being due and payable on or before the 1st day of the month.

Tenant agrees that if rent is not paid in full on or before the 10th day of the month,

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Tenant will pay a late charge equal to 5% of the monthly rent.

Initial payment of ( ) is due upon move-in through one of the following means:

1. Auto Debit – must be performed 3 business days prior to move-in date

2. Cashier’s Check at time of move-in

3. Money Order at time of move-in

Move-in Fee: A Move-in Fee of ($____) is due on the first day of the lease.

Tenant agrees to pay rent in lawful U.S. money. Rent will be paid through ACH

Direct Debit beginning ____________________________.

All notices from Tenant to Landlord under this shall be delivered to the address:

________________________________________________________________

Tenant agrees that rent monies will not be considered paid until Landlord or

Landlord’s agent receives the rent monies, either by mail or by delivery to the

above address. Tenant placing rent monies in the mail is not sufficient for rent to

be considered paid, and rent will be considered unpaid until actual receipt thereof.

If there are multiple Tenants signed to this Lease, all such Tenants are jointly,

severally and individually bound by, and liable under, the terms and conditions of

this Lease. A judgment entered against one Tenant shall be no bar to an action

against other Tenants.

6. CONSEQUENSES OF BREACH BY TENANT: If Tenant, by any act or omission,

or by the act or omission of any of Tenant’s family or invitees, licensees, and/or

guests, violates any of the terms or conditions of this Lease or any other

documents made a part hereof by reference or attachment, Tenant shall be

considered in breach of this Lease (breach by one tenant shall be considered

breach by all tenants where Tenant is more than one person).

In case of such breach, Landlord may deliver a written notice to the Tenant in

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breach specifying the acts and omissions constituting the breach and state that the

Lease

Agreement will terminate upon a date not less than thirty (30) days after receipt of

the notice. If the breach is not remedied within a reasonable time not in excess of

thirty (30) days; the Lease Agreement shall terminate and the Tenant shall

surrender possession as provided in the notice subject to the following:

(a) If the breach is remediable by repairs, the payment of damages, or otherwise,

and the Tenant adequately remedies the breach prior to the date specified in

the notice, the Lease Agreement shall not terminate;

(b) In the absence of a showing of due care by the Tenant, if substantially the same

act or omission which constituted a prior noncompliance of which notice was

given recurs within six (6) months, the Landlord party may terminate the Lease

Agreement upon at least fourteen (14) days written notice specifying the breach

and the date of termination of the Lease Agreement; If the Lease Agreement is

terminated, Landlord shall return all prepaid and unearned rent, and any

amount of the security deposit recoverable by the Tenant.

However, if the breach by the Tenant is nonpayment of rent, the Landlord

shall not be required to deliver thirty (30) days' written notice as provided above.

In such event, the Landlord may serve Tenant with a seven (7) day written

notice of termination, whereupon the Tenant must pay the unpaid rent in full or

surrender possession of the premises by the expiration of the seven (7) day

notice period.

Furthermore, the Tenant may be terminated with three (3) days notice if the

Tenant has committed a substantial violation of the Lease Agreement or

applicable state law that materially affects health and safety, and the violation is

not cured prior to the expiration of the three-day notice period.

Tenant expressly agrees and understands that upon Landlord’s termination of

this Lease, the entire remaining balance of unpaid rent for the remaining term of

this Lease shall ACCELERATE, whereby the entire sum shall become

immediately due, payable, and collectable. Landlord may hold the portion of

Tenant’s security deposit remaining after reasonable cleaning and repairs as a

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partial offset to satisfaction of the accelerated rent.

7. DELIVERY OF NOTICES: Any giving of notice under this Lease or applicable state

law shall be made by Tenant in writing and delivered to the address noted above for

the payment of rent, either by hand delivery or by mail. Certified or registered mail is

recommended. Delivery by mail shall not be considered complete until actual receipt

by Landlord or Landlord’s agent.

Any notices from Landlord to Tenant shall be in writing and shall be deemed

sufficiently served upon Tenant if when deposited in the mail addressed to the

leased premises, or addressed to Tenant’s last known post office address, or hand

delivered, or placed in Tenant’s mailbox. If Tenant is more than one person, then

notice to one shall be sufficient as notice to all.

8. UTILITIES: Landlord will provide and pay for the following utilities (check those that

apply):

[ ] Electric, [ ] Telephone, [ ] Gas - Heat [ ] Gas - Appliances [ ] Cable/Internet,

[ ] Water & Sewer.

Tenant shall be responsible for contacting and arranging for any utility service not

provided by the Landlord, and for any utilities not listed above. Tenant shall be

responsible for having same utilities disconnected on the day Tenant delivers the

leased premises back unto Landlord upon termination or expiration of this Lease.

Tenant shall use reasonable care in conservation of utilities not chargeable to the

Tenant. Tenant will not bring into use any articles in the premises that will overload

the gas, electric, or water capacities thereof or install any major appliances which

create excess usage of any utilities that are chargeable to the Landlord.

9. NOTICE OF INTENT TO SURRENDER: Any other provision of this lease to the

contrary notwithstanding, at least sixty (60) days prior to the normal expiration of

the term of this Lease as noted under the heading TERM OF LEASE above,

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Tenant shall give written notice to Landlord of Tenant’s intention to surrender the

residence at the expiration of the Lease term. If said written notice is not given, the

Tenant shall become a month-to-month tenant as defined by applicable state law,

and all provisions of this Lease will remain in full force and effect, unless this Lease

is extended or renewed for a specific term by written agreement of Landlord and

Tenant. Tenant acknowledges they are rent responsible for 60 days after Notice to

Vacate is received.

If Tenant becomes a month-to-month tenant in the manner described above,

Tenant must give a sixty (60) day written notice to the Landlord of Tenant’s

intention to surrender the residence. At any time during a month-to-month tenancy

Landlord may terminate the month-to-month Lease by serving Tenant with a written

notice of termination. Upon termination, Tenant shall vacate the premises and

deliver same unto Landlord on or before the expiration of the period of notice.

10. OBLIGATIONS AND DUTIES OF LANDLORD:

Landlord shall:

(a) Comply with the requirements of MD building and housing code materially

affecting health and safety;

(b) Maintain the dwelling unit, its plumbing and heating system, in substantially the

same condition as at the inception of the lease, reasonable wear and tear

excluded, unless the dwelling unit, its plumbing and heating system is damaged

or impaired as a result of the deliberate or negligent actions of the Tenant or

those present with Tenant’s knowledge or permission.

11. OBLIGATIONS AND DUTIES OF TENANT:

Tenant shall:

(a) Keep that part of the premises that he occupies and uses as clean and as safe

as the condition of the premises permits;

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(b) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a

clean and safe manner in compliance with community standards;

their condition permits;

This includes making sure a drain cover is properly placed over each shower

drain to prevent clogging of the main line. In the event the shower becomes

backed up and it is discovered no drain cover was in place, tenant assumes

responsibility of costs to unclog and repair the drain as determined by a

professional Plumber;

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating,

air conditioning and other facilities and appliances in the premises;

(e) Not deliberately or negligently destroy, deface, damage, impair or remove any

part of the premises or knowingly permit any other person to do so;

(f) Conduct himself and require other persons on the premises with his consent to

conduct themselves in a manner that will not disturb his neighbors' peaceful

enjoyment of their premises;

(g) Inform the Landlord of any condition of which he has actual knowledge which

may cause damage to the premises;

(h) To the extent of his legal obligation, maintain the dwelling unit in substantially the

same condition, reasonable wear and tear excepted, and comply with the

requirements of applicable building and housing codes materially affecting health

and safety;

(i) Not engage in any illegal activity upon the leased premises as documented by a

law enforcement agency;

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(j) Not smoke or permit others to smoke in the premises;

(k) Not utilize any portable heating/cooling mechanism upon the leased premises

without the Landlords permission.

(l) Not engage in any activity creating excessive noise disturbances upon the leased

premises;

(m) Check forced air furnace and air conditioning filters monthly and replace when

necessary to prevent damage. Any repairs resulting from clogged filters will be

the tenants responsibility.

(n) Replace all light bulbs and fuses when necessary;

(o) Test all smoke detectors monthly and report any malfunctions to Landlord

immediately;

(p) Promptly remove any snow and ice as necessary in front of the property and on

walkways;

(q) Properly maintain exterior of unit by removing leaves, sticks and other debris that

accumulates on and around the unit including exterior gutters drains and

downspouts.

(r) Keep all trees, lawn, vines, plants and shrubbery well trimmed and in good

condition.

(s) Ensure the home is professionally cleaned at move-out or allow Landlord to

schedule cleaning and deduct from Security Deposit. If the home is not returned

in the same condition it was received minus normal wear and tear, fines will be

assessed from the Security Deposit on file.

12. KEYS: Each tenant over the age of 18 will be provided a set of keys to the unit

upon the first day of the Lease Agreement. Please do not make copies of the key

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without the express consent of the Landlord. Please do not provide a copy of the

key to third persons without the express consent of the Landlord. All keys to the

unit are to be returned to the Landlord at the expiration of the Lease. If Tenants fail

to return all copies of the keys at the expiration of the lease, a $50 fine per set of

keys not returned will be deducted from Tenants’ security deposit. Tenant

acknowledges that all additional keys purchased by tenant for said premise will be

returned to Landlord at the time of move-out.

In the event the locks are changed by Tenant, Landlord should be notified

immediately and receive a copy of the new key within 3 business days.

Mail Box Key: One (1) mailbox key for your unit will be provided to Tenants upon

execution of this lease agreement. The mailbox key shall be returned to the

Landlord at the expiration of the Lease. Failure to return the mailbox key will result

in a $__ assessment against Tenants’ security deposit.

Mailbox No.: _______

Parking Space: The parking space for the unit is number _________.

13. NO ASSIGNMENT OR SUBLET: Tenant expressly agrees that the leased

premises nor any portion thereof shall not be assigned or sublet by Tenant without

the prior consent of Landlord.

Tenant shall provide Landlord with 60 days’ notice of intent to Sublet, will be

responsible for finding a suitable Subletter and be responsible for continuing

payment of rent in the event the Subletter fails to make payment.

14. TENANT INSURANCE: Landlord shall not be liable to Tenant, Tenant’s family or

Tenant’s invitees, licensees, and/or guests for damages not proximately caused by

Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone

else for damages proximately caused by any other source whatsoever, or by Acts

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of God, and Tenant is therefore strongly encouraged to independently purchase

insurance to protect Tenant, Tenant’s family, Tenant’s invitees, licensees, and/or

guests, and all personal property on the leased premises and/or in any common

areas from any and all damages. Tenants are not covered by Landlord’s insurance

for any loss or damage to personal property belonging to tenant due to fire,

burglary, water damage, or other occurrence, nor for liability or medical payments.

15. CONDITION OF LEASED PREMISES: It is agreed that tenant shall within five

days of occupancy give landlord or agent prompt notice in writing of any defects,

leaks or breakage in the structure, equipment or fixtures of said premises, including

damage by fires, storm and flood, as tenant will be held liable for all damages

attributable to such unreported conditions.

Tenant agrees not to damage the premises through any act or omission, and to be

responsible for any damages sustained through the acts or omissions of Tenant,

Tenant’s family or Tenant’s invitees, licensees, and/or guests. If such damages

are incurred, Tenant is required to pay for any resulting repairs at the same time

and in addition to the next month’s rent payment, with consequences for non-

payment identical to those for non-payment of rent described herein. At the

expiration or termination of the Lease, Tenant shall return the leased premises in

as good condition as when taken by Tenant at the commencement of the lease,

with only normal wear-and-tear excepted. Tenant shall have the right to remove

from the premises Tenant’s fixtures placed thereon by Tenant at his expense,

provided, however, that Tenant in effecting removal, shall restore the leased

premises to as good, safe, sound, orderly and sightly condition as before the

addition of Tenant’s fixture. Failing this, Tenant shall be obligated to pay for repairs

as stated above.

16. ALTERATIONS: Tenant shall make no alterations, decorations, additions, or

improvements to the leased premises without first obtaining the express consent of

Landlord. Any of the above-described work shall become part of the dwelling. If

carried out by independent contractors, said contractors must be approved by

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Landlord. All work shall be done at such times and in such manner as Landlord

may designate. If a construction or mechanic’s lien is placed on the leased

premises as a result of the work, such shall be satisfied by Tenant within ten (10)

days thereafter at Tenant’s sole expense. Tenant shall be considered in breach of

this Lease upon failure to satisfy said lien.

17. NO ILLEGAL USE: Tenant shall not perpetrate, allow or suffer any acts or

omissions contrary to law or ordinance to be carried on upon the leased premises

or in any common area. Upon obtaining actual knowledge of any illegal acts or

omissions upon the leased premises, Tenant agrees to immediately inform

Landlord and the appropriate authorities. Tenant shall bear responsibility for any

and all illegal acts or omissions upon the leased premises and shall be considered

in breach of this Lease upon conviction of Tenant or any of Tenant’s family or

invitees, licensees, and/or guests for any illegal act or omission upon the leased

premises- whether known or unknown to Tenant.

18. NOTICE OF INJURIES: In the event of any significant injury or damage to Tenant,

Tenant’s family, or Tenant’s invitees, licensees, and/or guests, or any personal

property, suffered in the leased premises or in any common area, written notice of

same shall be provided by Tenant to Landlord at the address designated for

delivery of notices (identical to address for payment of rent) as soon as possible

but not later than five (5) days of said injury or damage. Failure to provide such

notice shall constitute a breach of this Lease.

19. LANDLORD’S RIGHT TO MORTGAGE: Tenant agrees to accept the premises

subject to and subordinate to any existing or future mortgage or other lien, and

Landlord reserves the right to subject premises to same. Tenant agrees to and

hereby irrevocably grants Landlord power of attorney for Tenant for the sole

purpose of executing and delivering in the name of the Tenant any document(s)

related to the Landlord’s right to subject the premises to a mortgage or other lien.

20. DELAY IN REPAIRS: Tenant agrees that if any repairs to be made by Landlord

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are delayed by reasons beyond Landlords control, there shall be no effect on the

obligations of Tenant under this Lease.

21. ABANDONMENT: Abandonment shall be defined as the absence of the Tenant

from the leased premises for a period of fourteen (14) or more consecutive days

while rent or any owing monies remain unpaid- whereupon Tenant will be

considered in breach of this Lease. This definition is subordinate to, and shall not in

any way impair, the rights and remedies of Landlord under this Lease or applicable

state law, except that in case of abandonment, Landlord or Landlord’s agents may

immediately or any time thereafter enter and re-take the leased premises as

provided by applicable state law, and terminate this Lease without notice to Tenant.

22. NOTICE OF ABSENCE FROM PREMISES: If Tenant is to be absent from the

leased premises for fourteen (14) or more consecutive days, written notice of such

should be served to Landlord. If such absences are to be customary or frequent,

the expected frequency and duration of absence should be summarily noted here:

Tenant expressly agrees and understands that absence from the premises, with or

without notice, in no way obviates the requirement to pay rent and other monies as

stated herein, or the consequences of failure to timely pay same.

23. POSSESSION OF PREMISES: Tenant shall not be entitled to possession of the

premises designated for lease until the security deposit and first month’s rent (or

prorated portion thereof), less any applicable promotional discount, is paid in full

and the premises designated for lease is vacated by the prior tenant.

24. MATERIALITY OF APPLICATION TO RENT: All representations made by

Tenant(s) on the Application to Rent are material to the grant of this Lease, and the

Lease is granted only on condition of the truthfulness and accuracy of said

representations. If a failure to disclose or lack of truthfulness is discovered on said

Application, Landlord may deem Tenant to be in breach of this Lease.

25. MODIFICATION OF THIS LEASE: Any modification of this lease shall not be

binding upon Landlord unless in writing and signed by Landlord or Landlord’s

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authorized agent. No oral representation shall be effective to modify this Lease. If,

as per the terms of this paragraph, any provision of this lease is newly added,

modified, or stricken out, the remainder of this Lease shall remain in full force and

effect.

26. REMEDIES NOT EXCLUSIVE: The remedies and rights contained in and

conveyed by this Lease are cumulative, and are not exclusive of other rights,

remedies and benefits allowed law.

27. SEVERABILITY: If any provision herein, or any portion thereof, is rendered invalid

by operation of law, judgment, or court order, the remaining provisions and/or

portions of provisions shall remain valid and enforceable and shall be construed to

so remain.

28. NO WAIVER: The failure of Landlord to insist upon the strict performance of the

terms, covenants, and agreements herein shall not be construed as a waiver or

relinquishment of Landlord's right thereafter to enforce any such term, covenant, or

condition, but the same shall continue in full force and effect. No act or omission of

Landlord shall be considered a waiver of any of the terms or conditions of this

Lease, nor excuse any conduct contrary to the terms and conditions of this Lease,

nor be considered to create a pattern of conduct between the Landlord and Tenant

upon which Tenant may rely upon if contrary to the terms and conditions of this

Lease.

29. ATTORNEY FEES: In the event that Landlord employs an attorney to collect any

rents or other charges due hereunder by Tenant or to enforce any of Tenant's

covenants herein or to protect the interest of the Landlord hereunder, Tenant

agrees to pay a reasonable attorney's fee and all expenses and costs incurred

thereby, to the greatest extent allowed by applicable law.

30. HEIRS AND ASSIGNS: It is agreed and understood that all covenants of this

lease shall succeed to and be binding upon the respective heirs, executors,

administrators, successors and, except as provided herein, assigns of the parties

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hereto, but nothing contained herein shall be construed so as to allow the Tenant

to transfer or assign this lease in violation of any term hereof.

31. DESTRUCTION OF PREMISES: In the event the leased premises shall be

destroyed or rendered totally untenable by fire, windstorm, or any other cause

beyond the control of Landlord, then this Lease shall cease and terminate as of the

date of such destruction, and the rent shall then be accounted for between

Landlord and Tenant up to the time of such damage or destruction of said premises

is the same as being prorated as of that date. In the event the leased premises are

damaged by fire, windstorm or other cause beyond the control of Landlord so as to

render the same partially untenable, but repairable within a reasonable time, then

this lease shall remain in force and effect and the Landlord shall, within said

reasonable time, restore said premises to substantially the condition the same

were in prior to said damage, and there shall be an abatement in rent in proportion

to the relationship the damaged portion of the leased premises bears to the whole

of said premises.

32. EMINENT DOMAIN: In the event that the leased premises shall be taken by

eminent domain, the rent shall be prorated to the date of taking and this Lease

shall terminate on that date.

33. LANDLORD’S RIGHT TO ENTRY

LL may enter and inspect the premises during the normal business hours and upon

reasonable written notice of at least 24 hors to tenant. With or without tenant’s

presence for the following reasons:

1. To exhibit the premises to prospective or actual purchasers, mortgagees,

tenants, workers, or contractors in which case the notice may be given orally if

the tenant has been notified in writing that the premises are for sale as provided

in California civil code section 1954

2. To make necessary or agreed repair, alterations or improvements,

3. Provide necessary or agreed services

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4. Make an initial inspection of the premises pursuant to California civil code section

1950.5(f)

5. The landlord may enter the tenant’s rental unit without notice at any time in

emergency situations or when tenant has abandoned or surrendered the

premises.

34. GOVERNING LAW. This Agreement shall be governed by the laws of the

jurisdiction in which the Premises is located.

35. ADDITIONAL PROVISIONS:

SHORT TERM RENTALS

Some municipalities in California restrict short-term rentals. In San Francisco, an owner

can rent out its primary residence for a term of less than 30 days if:

• The owner is a permanent resident of San Francisco.

• The premises are the owner's primary residence.

• The number of days rented out per year does not exceed 90.

• The owner registers the short-term rental with the city.

(S.F. Admin. Code § 41A.5(g).)

Short term vacation rental hosting platforms such as Airbnb must provide notice to

those listing on their platform that if they are a tenant who is listing their premises, they

may be in violation of their lease and subject to eviction by their landlord (Cal. Bus. &

Prof. Code § 22590).

MEGAN’S LAW DISCLOSURE

Every residential lease must contain the statutory notice regarding the existence of

public access to the state's sex offenders database (Cal. Civ. Code § 2079.10a).

LEAD PAINT DISCLOSURE Federal law stipulates that landlords of properties built

prior to 1978 must disclose known lead paint and hazards to tenants, as well as provide

a copy of a government-issued pamphlet on the topic.

BED BUGS According to § 1954.602, Landlords should notify tenants of any known bed

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bug problems.

FLOOD HAZARDS

For residential leases entered into on or after July 1, 2018, the landlord must

incorporate the following disclosures into the lease in type no smaller than 8-point font:

• Whether the property is located in a special flood hazard area or area of potential

flooding, if the owner has actual knowledge of that fact. The owner is considered to

have actual knowledge if:

• the owner has received notice from a public agency that the property is located

in a special flood hazard zone or an area of potential flooding;

• the owner's mortgage holder requires the owner to carry flood insurance; or

• the owner currently carries flood insurance.

• That the tenant can obtain information about hazards that may affect the property

from the Office of Emergency Services web site.

• That the owner's insurance does not cover the loss of tenant's personal

possessions and the tenant should consider purchasing its own insurance.

• That the owner does not need to provide any additional information concerning

flood hazards to the property.

(Cal. Gov't Code § 8589.45.)

DEATH IN PROPERTY According to § 1710.2, Landlords must inform tenants if a

previous tenant died within the last three years, unless the cause of death was due to

AIDS.

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