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CALIFORNIA RESIDENTIAL LEASE AGREEMENT
-WITH OPTION TO PURCHASE-
THIS AGREEMENT MADE and entered into on this ______ day of
_______________________, 20____ by and between,
________________________________________________ [Name of Lessor], with a mailing
address of ________________________________________________ City of
_______________________, in the State of _______________________ and
________________________________________________ [Name of Lessee], with a mailing
address of ________________________________________________ City of
_______________________, in the State of _______________________.
Lessee, hereby leases to Lessee, his/her heirs or assignees, the premises situated in the City
of _______________________, County of _______________________, State of California,
legally described as, with the street address of _______________________
_______________________ upon the following terms and conditions:
I. LEASE TERM: The term hereof shall commence on this ____ day of
_______________________, 20____ and continue for a period of ____ - Month(s) -
Year(s) and ending on the ____ day of _______________________, 20____.
II. RENTAL PAYMENTS: Rent shall be per month, payable in advance, upon the first day of
each calendar month to Lessor or his or her authorized agent at the following address:
__________________
___________________________________________________________________________
In the event the rental payment is not received within ____ days after the due date, Lessee
agrees to pay a late charge of _______________________ dollars
($_______________________) plus interest at _______________________ percent (____%)
per annum on the delinquent amount and will not be applied as an additional consideration
towards the option price of the property. Any check tendered in payment of rent that is returned
NSF will be subject to a service charge of _______________________ dollars
($_______________________) be applied as an additional consideration towards the option
price of the property.
III. OPTION TO PURCHASE: In consideration of the Lessee meeting all obligations as stated
herein under this lease, the Lessor hereby grants the Lessee an option to purchase under the
following terms and conditions:
1. The option price is terms of purchase will be _______________________ dollars
($_______________________).
2. Lessee understands that time is of the essence in this agreement. The option will
expire without notice and be of no further effect if not exercised on or before the
____ day of _______________________, 20____
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3. Lessee shall pay the sum of _______________________ dollars
($_______________________) as a non-refundable option consideration that
will be applied toward the purchase price of the property if, and only if, Lessee
exercises this option to purchase. In the event Lessee fails to exercise the option
or defaults under any terms of the lease, the option will be void and all monies
will be retained by Lessor as liquidated damages and not as a penalty. The
option consideration will be refundable only if 1) a pre-closing home inspection by
a certified home inspector reveals structural damage in excess of four (4)% of the
option price of the property (provided, however, that lesser damage will be the
responsibility of Lessor to correct prior to closing); or (2) Lessor fails or is unable
to meet any of the obligations set forth in the lease option agreement.
4. _______________________ percent (____%) of the rent paid, pursuant to this
lease agreement, will be applied as additional option consideration to reduce the
option price if and only if the Lessee exercises this option to purchase, provided,
however, that no payments made after the 15th of any month for which rent is
due, or for which payment tendered is returned NSF, shall be credited towards a
reduction in the option price.
5. The option shall be exercised by mailing or delivering written notice to the Lessor
prior to the expiration of this agreement. Notice, if mailed, shall be by certified
mail, postage prepaid, to the Lessor at the address set forth below, and shall be
deemed to have been given upon the day shown on the postmark of the
envelope in which such notice is mailed.
6. This purchase option is not contingent upon Lessee’s ability to obtain financing
from a lender.
7. Personal Property: Said lease shall include the following personal property: ____
________________________________________________________________
IV. UTILITIES: Lessee shall be responsible for the payment of all utilities and services except
for
___________________________________________________________________________.
V. PROPERTY USE: The premises shall be used as a residence and for no other purpose
without prior written consent of Lessor.
VI. MAINTENANCE, REPAIRS OR ALTERATIONS: Lessee shall maintain the premises in a
clean and sanitary manner including all equipment, appliances, furniture and furnishings
therein, and shall surrender the same at termination thereof, in as good condition as received,
normal wear and tear excepted. Lessee shall be responsible for damages caused by his/her
negligence and that of his/her family, or invitees or guests. Lessee shall maintain any
surrounding grounds, including lawns and shrubbery, and keep the same clear of rubbish and
weeds, if such grounds are part of the premises and are exclusively for use of the Lessee.
Lessee shall make no alterations to the buildings or improvements on the Premises or
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construct any building or make any other improvements on the Premises without the prior
written consent of Lessor. Any and all alterations, changes, and/or improvements built,
constructed or placed on the Premises by Lessee shall, unless otherwise provided by written
agreement between Lessor and Lessee, are and will become the property of Lessor and
remain on the Premises at the expiration or earlier termination of this Agreement.
VII. ENTRY AND INSPECTION: Lessee shall permit Lessor or Lessor’s agents to enter the
premises at reasonable times and upon reasonable notice for the purpose of inspecting the
premises or for making necessary repairs.
VIII. POSSESSION: If Lessor is unable to deliver possession of the premises at the
commencement hereof, Lessor shall not be liable for any damage caused thereby nor shall
this agreement be void or voidable, but Lessee shall not be liable for any rent until possession
is delivered. Lessee may terminate this agreement if possession is not delivered within the
term hereof.
IX. SECURITY/DAMAGE DEPOSIT: The security deposit of _______________________
dollars ($_______________________) shall secure the performance of the Lessee’s
obligations hereunder. Lessor may apply all or portions of said deposit on account of
Lessee’s obligations hereunder. Upon exercise of the option, Lessor shall credit said deposit
towards the purchase price of the property.
X. DEPOSIT FUNDS: In the event Lessee does not exercise the purchase option, any
returnable portion of the security/damage deposit shall be refunded within ____ days from the
date possession is delivered to Lessor or his/her authorized agent.
XI. ATTORNEY FEES: The prevailing party shall be entitled to all costs incurred in connection
with any legal action brought by either party to enforce the terms hereof or relating to the
demised premises, including reasonable attorneys’ fees.
XII. NOTICES: Any notice which either party may or is required to give may be given by
mailing the same, postage prepaid, to Lessee or at such other places as may be designated by
the parties from time to time.
XIII. HEIRS, ASSIGNS, SUCCESSORS: This lease and option shall include and insure to and
bind the heirs, executors, administrators, successors, and assigns of the respective parties
hereto.
XIV. DEFAULT: If Lessee shall fail to pay rent when due or perform any term hereof after not
less than ____ days written notice of such default given in the manner required by law, the
Lessor at his/her option may terminate all rights of the Lessee hereunder, unless Lessee,
within said time, shall cure such default. If Lessee abandons or vacates the property while in
default of payment of rent, Lessor may consider any property left on premises to be
abandoned and may dispose of the same in any manner allowed by law. In the event the
Lessor reasonably believes that such abandoned property has not value, it may be discarded.
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XV. Encumbrances: Lessee shall take title to the property subject to: a) Real Estate Taxes
not yet due and 2) Covenants, conditions, restrictions, reservations, rights, rights of way, and
easements of record, if any.
XVI. Examination of Title: Lessee shall have ____ days from the date of receipt of title report
to examine the title to the property and to report, in writing, any valid objections thereto. Any
exceptions to the title which would be disclosed by examination of the records shall be deemed
to have been accepted unless reported in writing with said timeframe. If Lessee objects to any
exceptions to the title, Lessor shall use all due diligence to remove such exceptions at his/her
own expenses within sixty (60) days thereafter. But if such exceptions cannot be removed
within the sixty (60) days allowed, all rights and obligations hereunder may, at the election of
the Lessee, terminate and end unless he/she elects to purchase the property subject to such
exceptions.
XVII. Evidence of Title: Lessor shall provide evidence of title in the form of a policy of title
insurance at Lessor’s expense.
XVIII. Bill of Sale: The personal property identified in the first paragraph, Title VII shall be
conveyed by bill of sale.
XIX. Closing: Closing shall be within ____ days from the exercise of the option unless
otherwise extended by other terms of this agreement.
XX. GOVERNING LAW AND VENUE. This Option to Purchase Agreement shall be governed,
construed and interpreted by, through and under the Laws of the State of California. The
parties further agree that the venue for any and all disputes related to this Option to Purchase
shall be _______________________ County, California.
XXI. MEGAN’S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the
Penal Code, information about specific 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. (Neither Seller nor Brokers are required to check this website. If Buyer wants further
information, Broker recommends that Buyer obtain information from this website during
Buyer’s inspection contingency period. Brokers do not have expertise in this area.)
XXII. Closing Costs: Lessee shall be responsible for all closing costs other than those
referenced herein as being the responsibility of the Lessor.
XXIII. Prorations: Tax and insurance escrow account, if any, to be transferred intact to
Lessee with no prorations. Interest and other expenses of the property to be prorated as of the
date of closing. In witness whereof, the parties hereto have executed this agreement the day
and year first above written.
All parties agree to the terms and conditions of this agreement made on the ____ day of
_______________________, 20_____.
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SELLER/LANDLORD’S SIGNATURE: ___________________________________
Print: _________________________________________ Date: ________________
SELLER/LANDLORD’S SIGNATURE: ___________________________________
Print: _________________________________________ Date: ________________
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BUYER/TENANT’S SIGNATURE: _______________________________________
Print: _________________________________________ Date: ________________
BUYER/TENANT’S SIGNATURE: _______________________________________
Print: _________________________________________ Date: ________________
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AGENT’S SIGNATURE: _______________________________________________
Print: _________________________________________ Date: ________________
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WITNESS’S SIGNATURE: _____________________________________________
Print: _________________________________________ Date: ________________
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CALIFORNIA FLOOD DISCLOSURE
This Flood Disclosure Addendum is made part of the lease agreement dated
_________________, 20____, by and between _________________ (“Landlord”) and
_________________ (“Tenant”) for the property located at _________________, City of
_________________, State of California.
Per Section 8589.45 of the Government Code, the Landlord is required to provide any and all
information if the rental property is at risk of flooding as deemed by the State of California.
The Landlord hereby discloses the following: (initial)
____ - The Landlord has NO KNOWLEDGE that the rental property is located in a special
flood hazard area of an area at risk to potential flooding;
OR
____ - The Landlord IS AWARE and discloses to Tenant the rental property is located in a
flood hazard area or an area that has a high risk to potential flooding. Under State law, the
Landlord can declare they have actual knowledge of a flooding hazard on the rental property if
one (1) of the following are true:
The Landlord currently holds flood insurance on the rental property;
The Landlord has received notice from a public, government, or equivalent agency that the
rental property is located in a special flood hazard zone or an area of potential flooding; or
The Landlord’s mortgage holder requires the Landlord to carry flood insurance.
The Tenant has the right to seek information about hazards, not limited to flooding, that may
affect the rental property from the Office of Emergency Services at the web address of
http://myhazards.caloes.ca.gov/.
It shall be known that the Landlord’s insurance does not cover the loss of the Tenant’s
personal possessions or for any relocation expenses. Any losses would be the sole
responsibility of the Tenant. Therefore, the Tenant should consider purchasing their own
insurance to cover these items. The Landlord does not need to provide any additional
information concerning the potential of flood hazards on the rental property.
The following parties have reviewed the information about and certify, to the best of their
knowledge, that the information provided by the signatory is true and accurate.
Tenant’s Signature ______________________________________ Date ________________
Landlord’s Signature ____________________________________ Date ________________