Biography - Jackson Group Property Management
Transcription
Biography - Jackson Group Property Management
Biography Established in 1982, Jackson Group Property Management offers no-nonsense Property Management at a reasonable rate. Jackson Group currently manages 400+ units consisting of both Commercial and Residential properties throughout the many districts of San Francisco. Founded on personally owned and managed San Francisco Property; we know what an Owner expects from our service. We are large enough to handle any size property, yet small enough to provide your property individual service. Raymond Scarabosio, MPM® Raymond Scarabosio is owner of Jackson Group Property Management in San Francisco, CA. and has been involved in the Property Management industry since 1982. Raymond is a past president of the San Francisco based Professional Property Managers Association (PPMA). He is a charter member of the San Francisco Chapter of NARPM and currently serves as Past President Emeritus. He has been a member of NARPM since 1992 and has served on various committees such as Finance, Convention, Publications and Marketing, to name a few. Raymond holds the Master Property Manager (MPM®) and Residential Management Professional (RMP®) designations from NARPM. He has been a NARPM instructor at the National Convention, past Florida, California, Texas, Washington & Colorado state conferences as well as an instructor in the NARPM designation program. He is a Past NARPM National President, and continues to be active on many National committees. His greatest achievement within NARPM occurred at the 2001 National Convention where Raymond was presented with the President’s Award from his best friend within NARPM, then NARPM National President Melissa Prandi. Along with Ray the staff of Jackson Group Property Management has continued to grow and excel; from attending training seminars such as the CCRM (Certified California Resident Manager) to monthly meetings of the Professional Property Management Association. Our staff currently holds certifications and licenses from the following; CCRM Certification, California Licensed Realtor, California Licensed Notary, 2008 Professional Property Management Association Board Member, members of the National Association of Residential Property Managers and more. Our staff strives to be at the forefront of education and leadership of San Francisco Property Management Let our knowledgeable staff manage your day to day operations for your property. Attached, please find a list of services that Jackson Group Property Management can offer your property, as well as an explanation of services. Please feel free to contact us at the below-mentioned information to further discuss your Property Management needs. Jackson Group Property Management | Jackson Group Property Management Phone (415) 379-9035 Fax (415) 668-6063 | www.jacksongroup.net Management Services Jackson Group Property Management services include but are not limited to the following: Advertising Vacancies Application Management Verification of applicants Drafting/Executing Leases Drafting/Executing Addendums Collection of Security Deposit Monthly Owner Statements Online Statement Accessibility Accounts Receivable / Accounts Payable (taxes, insurance, and maintenance.) Distributions via Check, Bank Deposit or ACH (Automated Clearing House) Rent Increases and Security Deposit Disposition Management Project and Capital Improvement Management General knowledge of building codes and conditions General knowledge of current rent control ordinances and requirements Maintenance Management Tenant/Vendor Work Orders Jackson Group Property Management | Jackson Group Property Management Phone (415) 379-9035 Fax (415) 668-6063 | www.jacksongroup.net Explanation of Services Offered Accounting We offer an on time accounting system that offers precise monthly income and expenditures and year-to-date totals for easy tax preparation. Owners receive monthly statements, cash flow reports along with distribution payments. Distributions may be received via Check, Bank Deposit, or ACH Payment. Rentals Jackson Group manages rental units from start to finish. Inspections are performed prior to tenant vacancy to set a plan for necessary maintenance and repairs upon vacating. A plan is then formulated between Management and Owner; the required contractors/vendors are then scheduled to make necessary repairs and upgrades as quickly and efficiently as possible. Units are advertised through various media to ensure maximum exposure. Upon rental we use the PPMA (Professional Property Management Association) landlord favorable lease written to be in full compliance with California Real Estate and San Francisco rent control laws and ordinances. Rental service is offered at a commission rate based upon service contract and rental amount. Repairs We deal directly with professional contractors for all repairs and maintenance. Our relationship is based on the ideal that the job is done once and it is done completely. All contractors/vendors are fully licensed and insured. Jackson Group only works with vendors and contractors who have established a good relationship over multiple projects. One mistake or bad performance is one too many. No more headaches from a “handyman’s” lack of experience or expertise in a specific area. Property Inspection / Reports We make semi-annual inspections of the entire premises to make sure the building stays clean and problem free. During the inspection we look for any potential problems that can be corrected now at a reduced expense and report to ownership. We are a full service company; these are just some aspects of Property Management that we handle. We treat your property as if it is ours. Please let us know how we can tailor a specific Property Management program for your needs. Jackson Group Property Management | Jackson Group Property Management Phone (415) 379-9035 Fax (415) 668-6063 | www.jacksongroup.net References Name Mr. Bill Rippe Mr. Brian Costello Mrs. Karin Burger Mr. Neil Sechan Mr. Glenn Grant Mr. Jack Cavallero Units (Buildings) Phone 24 Units (3 Buildings) 20 Units (2 Buildings) 15 Units (3 Buildings) 12 units (1 Building) 4 units (3 Buildings) 1 unit (Single Family Home) 408.354.2422 415.407.9927 707.765.9054 541.488.9107 831.440.1461 650.341.3732 Monthly Management Fee Schedule* Single Family Dwelling 2-5 Units 6-10 Units 11-20 Units 20+ Units $125.00 6% of Collected Rent 5.75% of Collected Rent 5.5% of Collected Rent To be negotiated *All management fees are subject to negotiation and verification of rental income Should you have any questions please feel free to contact us at the below –mentioned information or via our toll-free number at 800.698.9859. We look forward to handling your Property Management day-today operations. Jackson Group Property Management | Jackson Group Property Management Phone (415) 379-9035 Fax (415) 668-6063 | www.jacksongroup.net Powered by Property Manager AppFolio Property Management Software Owner Statement AppFolio’s easy-to-read owner statements will be emailed directly to you each month. 1 Powered by Property Manager Electronic Owner Payments (ACH) Owners get paid securely and quickly via convenient electronic payment. Your funds arrive faster. Craigslist Integration We can fill vacancies faster and easier with AppFolio’s Craigslist Integration. Eye-catching vacancy advertisements are posted to Craigslist, the #1 rental listing website, directly from AppFolio. AppFolio Ad In Craigslist Typical Craigslist Ad 2 Powered by Property Manager Work Orders Printed Work Order System Record of Work Order 3 Owners Portal Guide An Easy to Use Secure Owners Portal Now you have on-demand access to your owner reports! What can you do with the Owners Portal? You will have the ability to access current and historical Owner packets, and will be able to download these reports on demand in PDF format. This gives you anytime, anywhere access to the same Owner Packets you receive on a monthly basis. How do I access the Owners Portal? The Owners Portal was specifically designed to make it easy for you to access your information without needing to have yet another ID and password. All you need to access your Owner Portal is your email address. To access the Owners Portal simply: 1. In your Internet Browser, enter the URL address associated with your Management Company’s AppFolio account Typically in the form of “companyname.appfolio.com”. (Exact URL is provided in the email you received with this document) 2. On the AppFolio Property Manager Login page, click the link called Access Owners Portal. This will open a new browser window and will load the Access Owners Portal page. 3. Enter your email and click the Send Access Email button. (Be sure you are using the same email address that you have on file with your Property Management Company). This will send the email with the special one-time-use link to access your Owners Portal. 4. Go to your email program and open the email from your Property Management Company. Click the link for the Reports. This will open a new browser window and your Owners Portal will load. 5. On the Owners Portal page, click the link for the Owners Packet (in PDF format) that you wish to view. The PDF document of the Owners Packet will launch and open in a new window. AppFolio, Inc. Owners Portal Guide Page 1 Property Address Management Agreement Residential Property Management Jackson Group Property Management 09 MANAGEMENT AGREEMENT THIS AGREEMENT IS MADE THIS Start Date BY AND BETWEEN Owner Name(s) (THE "OWNER") AND Jackson Group Property Management (THE "AGENT") Section 1 APPOINTMENT OF MANAGING AGENT Owner hereby appoints Agent as sole and exclusive Agent of Owner to manage the property known as: Full Property Address (the “Premises”) upon the terms and conditions provided herein. Agent accepts the appointment and agrees to furnish the services of its organization for the management of the Premises and Owner agrees to pay all reasonable expenses in connection with those services. The term of this Agreement shall be for an initial period of One (1) Year (the "initial term") from Contract Start Date to and including Contract End Date and thereafter shall be automatically renewed from year to year unless terminated as provided in Section 16 herein. Section 2 ADVERTISING Agent is authorized to advertise the Premises or portions thereof for rent, using periodicals, signs, or displays, or such other means, as Agent may deem proper and advisable. Such advertising shall be paid by Owner from the trust account. Agent is authorized to place signs on the Premises advertising the Premises for rent, provided such signs comply with applicable laws. Section 3 LEASING AND RENTING 3.1 AGENT’S AUTHORITY TO LEASE PREMISES Agent shall use all reasonable efforts to keep the Premises rented by procuring tenants for the Premises. Agent shall work with Owner to establish and change or revise all rents and deposits, and any other charges with respect to the Premises. Agent shall procure approval from Owner in regards to negotiating, preparing, and executing all Rental Agreements including all renewals and extensions and the canceling and modifying of existing Agreements. Agent & Owner shall execute all Agreements jointly. All costs of renting shall be paid out of the Trust Account. No Agreement shall be in excess of one (1) year without written approval by Owner. 3.2 ENFORCEMENT OF LEASES Agent is authorized to institute, in Owner's name, all legal actions or proceedings for the enforcement of any rental term for the collection of rent or other income from the Premises, or for the evicting or dispossessing of tenants or other persons from the Premises. Agent is authorized to sign and serve such notices, as Agent deems necessary for enforcement, including the collection of rent or other income. Agent is authorized, when expedient, to settle, compromise, and release such legal actions or suits or reinstate such tenancies. Attorneys' fees, filing fees, court costs, and other necessary expenses incurred in connection with such actions and not recovered from tenants shall be paid out of the Trust Account. Agent may select the attorney, upon court and owner approval. Section 4 COLLECTION OF RENTS AND OTHER RECEIPTS 4.1 AGENTS AUTHORITY Agent shall collect (and issue receipts for, if necessary) all rents, charges and other amounts receivable on Owner's account in connection with the management and operation of the Premise. Such receipts shall be deposited in the Trust Account maintained by Agent. If permitted by applicable law, Agent may collect and retain from tenants any or all of the following: an administrative charge for late payment of rent, a charge for returned or non-negotiable checks, a credit report fee and a transfer fee. Page 2 of 9 Initials __________ MANAGEMENT AGREEMENT 4.2 SECURITY DEPOSITS Agent shall collect tenant’s security deposits in the following manner (Owner to select one) Agent shall remit Security Deposit to Owner who shall be obligated to disburse in accordance with the terms of each tenant’s lease and/or local, state and federal government regulations. Owner will hold Agent harmless from Owner’s breach of duties to properly handle and disburse tenant’s Security Deposits. Agent shall place deposits in a Trust Account to be handled and disbursed in accordance with the terms of each tenant’s lease and/or local, state and federal government regulations. Section 5 TRUST FUNDS 5.1 INITIAL DEPOSIT AND CONTINGENCY RESERVE Upon rental of the unit the Agent shall retain the sum of $100.00 as a contingency reserve. Owner agrees to maintain the contingency reserve stated above at all times in the Trust Account to enable Agent to pay the obligations of Owner under this Agreement. Owner and Agent shall review the amount of the contingency reserve amount when such is required. 5.2 DEPOSITS Agent will deposit all receipts to a Trust Account maintained at a financial institution whose deposits are insured by an agency of the United States government. Agent shall not be held liable in the event of bankruptcy or failure of a depository. Funds in the Trust Account remain the property of Owner subject to disbursement of expenses by Agent as described in this Agreement. 5.3 DISBURSEMENTS OF OPERATING EXPENSES Agent will disburse funds, to the extent available, to pay all expenses, including but not limited to repairs, maintenance, services, management and other fees necessary to manage the Premises. 5.4 ACCOUNTING Between the 20th & 25th day of each month, Agent will render monthly statements of income and expenses, to include Owner Statement, Cash Flow Statement and Property Rent Roll. Owner(s) shall receive monthly statements via designated e-mail account. Owner(s) have 60 calendar days from issuance of statements to review and return comment. Owner shall have the right to request periodic audits of all applicable accounts managed by Agent, and the cost of such audit shall be paid by Owner. 5.5 NET PROCEEDS To the extent that funds are available by the 20th of each month, Agent shall transmit cash balances to the Owner. Such periodic cash balances shall be remitted to the Owner via ACH Transfer, or to such other person(s) as designated in writing by Owner. Page 3 of 9 Initials __________ MANAGEMENT AGREEMENT 5.6 OWNER DEFICIENCY Owner acknowledges that from time to time Owner’s account may not have sufficient funds to pay ordinary and/or extraordinary expenses due within a short period of time. In the event disbursements shall exceed the available funds, Agent will immediately notify Owner of such deficiency, and Owner shall promptly remit sufficient funds to cover any deficiency. In the alternative, and at Agent’s sole discretion, Owner authorizes Agent to advance personal funds to Owner’s account to cover these expenses; Owner agrees to repay said advances, plus interest at an annual rate of 7%, upon demand from Agent or upon attaining a sufficient balance in Owner’s account. Agent acknowledges that said advances are for the sole purpose of Owner’s account and are not available for personal use by Agent. Agent has no obligation to advance funds to Owner’s account and will exercise this authority only when events dictate expediency in the payment of expenses. Section 6 BUILDING MAINTENANCE 6.1 MAINTENANCE AND REPAIR Agent is authorized to make, or cause to be made, through contracted services or otherwise, all ordinary repairs and replacements reasonably necessary to preserve the Premises in its present condition and for the operating efficiency of the Premises, and all alterations required to comply with lease requirements, government regulations or insurance requirements. Agent is also authorized to perform necessary painting & repairs of the Premises and to purchase or rent, on Owner's behalf, all equipment, tools, appliances, materials, supplies, uniforms and other items necessary for the management, maintenance or operation of the Premises. Such maintenance or decorating expenses shall be paid out of the Trust Account. 6.2 APPROVAL FOR EXCEPTIONAL MAINTENANCE EXPENSE The expense incurred for any item of maintenance, alteration, refurbishing, or repair shall not exceed $250.00, unless such expense is specifically authorized by Owner in writing, or is incurred under such circumstances, as Agent shall reasonably deem to be an emergency. 6.3 NOT COVERED BY THE MANAGEMENT FEE Owner understands that the following services rendered by the Authorized Agent to Owner shall be reimbursed for their time at the agreed upon rate of $75.00 per hour, with a one (1) hour minimum. A full accounting of billable hours shall be provided to the Owner(s), fees shall be deducted from collected rents received during calendar month of services performed. These services include but are not limited to: • Monthly Inspections • Court Representation/Hearings • Rent Board Representation/Hearings • Department of Buildings Inspections/Hearings • Depositions • Homeowner Association Representation/Meetings • Property Tax Assessment Appeal Hearings • Insurance Claims/Inspections/Estimates/Paperwork • Forensic Accounting (60 Days) Section 7 CONTRACTS, UTILITIES AND SERVICES Agent is authorized to negotiate contracts for nonrecurring items of expense, not to exceed $250.00, unless approved by Owner, and to enter into agreements in Owner's name for all necessary repairs, maintenance, minor alterations, and utility services. Agent shall, in Owner's name and at Owner's expense, make contracts on Owner's behalf. These contracts include but are not limited to: • Electricity • Natural Gas • Water Page 4 of 9 Initials __________ MANAGEMENT AGREEMENT • • • • • • Scavenger Landscaping Cleaning Fire Prevention Telephone Annual Maintenance Section 8 AGENT ASSUMES NO LIABILITY Agent assumes no liability whatsoever for any acts or omissions of Owner, or any previous owners of the Premises, or any previous management or other agent of either. Agent assumes no liability for any failure of or default by any tenant in the payment of any rent or other charges due Owner or in the performance of any obligations owed by any tenant to Owner pursuant to any lease or otherwise. Nor does Agent assume any liability for previously unknown violations of environmental or other regulations, which may become known during the period of this Agreement. Section 9 RELATIONSHIP OF AGENT TO OWNER The relationship of the parties to this Agreement shall be that of Principal and Agent, and all duties to be performed by Agent under this Agreement shall be for and on behalf of Owner, in Owner's name, and for Owner's account. In taking any action under this agreement, Agent shall be acting only as Agent for Owner, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or any other relationship between the parties to this Agreement except that of Principal and Agent, or as requiring Agent to bear any portion of losses arising out of or connected with the ownership or operation of the Premises. Nor shall Agent at any time during the period of this Agreement be considered a direct employee of Owner. Neither party shall have the power to bind or obligate the other except as expressly set forth in this Agreement, except that Agent is authorized to act with such additional authority and power as may be necessary to carry out the spirit and intent of this Agreement. Section 10 SAVE HARMLESS Owner shall indemnify, defend, and save Agent harmless from all loss, damage, cost, expense (including attorneys' fees), liability, or claims for personal injury or property damage incurred or occurring in, on, or about the Premises. Section 11 INSURANCE Owner shall obtain and keep in force adequate insurance against physical damage (e.g., fire with extended coverage endorsement, boiler and machinery, etc.) and against liability for loss, damage, or injury to property or persons which might arise out of the occupancy, management, operation, or maintenance of the Premises. Such limits of insurance shall be in amounts that are acceptable to Agent and Agent shall be covered as an additional insured on all liability insurance maintained with respect to the Premises. Owner agrees to furnish Agent with certificates evidencing such insurance or with duplicate copies of such policies within fifteen days of the execution of this Agreement. Any deductible required under such insurance policies shall be Owner's expense. Section 12 REPRESENTATIONS Owner represents and warrants: That Owner has full power and authority to enter this Agreement; that there are no written or oral agreements affecting the Premises other than tenant leases, copies of which have been furnished to Agent; that there are no recorded easements, restrictions, reservations, or rights of way which adversely affect the use of the Premises for the purposes intended under this Agreement; that to the best of Owner's knowledge, the property is zoned for the intended use; that all permits for the operation of the Premises have been secured and are current; that the building and its construction and operation do not violate Page 5 of 9 Initials __________ MANAGEMENT AGREEMENT any applicable statutes, laws, ordinances, rules, regulations, orders, or the like (including, but not limited to, those pertaining to hazardous or toxic substances); that the building does not contain any asbestos hazards, urea, formaldehyde, radon, or other toxic or hazardous substance; and that no unsafe condition exists, to the extent of owner’s knowledge. Section 13 STRUCTURAL CHANGES Owner expressly withholds from Agent any power or authority to make any structural changes in any building or to any equipment in any such building, or to incur any expense chargeable to Owner other than expenses related to exercising the express powers vested in Agent through this Agreement, without the prior written consent of the Owner. Section 14 BUILDING COMPLIANCE 14.1 CODE COMPLIANCE Owner represents that to the best of Owner's knowledge the Premises and all such equipment comply with all requirements of any building codes or with any statute, ordinance, law, or regulation of any governmental body or any public authority or official thereof having authority. The Owner authorizes Agent to disclose the ownership of the Premises to any such officials and agrees to indemnify and hold Agent, its representatives, servants, and employees, harmless of and from all loss, cost, expense, and liability whatsoever which may be imposed by reason of any present or future violation or alleged violation of such laws, ordinances, statutes or regulations. 14.2 CONFORMITY OF UNITS If the property contains a unit which is not “legal” according to property records maintained by local government, Owner further agrees in connection with the rental and management of the property, to indemnify and hold Agent harmless from any suits, claims, or actions brought by any person(s) for or on account of any injuries or damages sustained or arising from the illegality of the rental unit or consequences thereof, including but not limited to: failure of the property to conform to building codes, life/safety standards, and building permit, parking, and zoning requirements. Owner further acknowledges that in any action in a court of law or any other governmental agency, Owner may suffer serious economic penalties as a result of taking rent for illegal or substandard rental improvements, and Owner may be asked by the Bureau of Building Inspection (or counterpart governmental agency) to dismantle any improvements deemed by same to be illegal. Rental of “illegal “ units is entirely at the discretion of the Owner and against the advice of Agent. Section 15 AGENT'S COMPENSATION AND EXPENSES As compensation for the services provided by Agent under this Agreement (and exclusive of reimbursement of expenses to which Agent is entitled hereunder), Owner shall pay Agent as follows: 15.1 MANAGEMENT SERVICES The amount of Dollar Amount per month, shall be payable by the 10th day of each month for the duration of this Agreement, to be paid from the Trust Account. Percentage of gross collected rents per month, shall be payable by the 10th day of each month for the duration of this Agreement, to be paid from the Trust Account. 15.2 RENTAL/VACANCY SERVICES Rental/Vacancy Commissions: Commission Amount of one (1) month of agreed upon rental amount. Page 6 of 9 Initials __________ MANAGEMENT AGREEMENT 15.3 CAPITAL IMPROVEMENT/PROJECT MANAGEMENT SERVICES Capital Improvements/Project Management/Supervisory Fee: Capital Improvement Fee For any capital improvement, remodeling, and/or major repair over $2,500.00. A full accounting of billable hours shall be provided to the Owner(s). 15.3 SPECIAL SERVICES Special Services: If any special services are provided, other than those enumerated in this Agreement, additional fees shall be payable upon agreement of the parties, at a rate of $75.00 per hour, one hour minimum with monthly billing. These services include but are not limited to: • Remediation Consultation • Estimate Collection • Meeting with Contractors, Inspectors, Architects, Etc. • Meeting with Financial Institutions • Neighborhood Meetings • Meeting with City Officials • Please reference section 6.3 for further services Section 16 TERMINATION 16.1 TERMINATION BY EITHER PARTY This Agreement may be terminated at the end of the initial term, or at any time thereafter, by either Owner or Agent, with or without cause, upon thirty (30) days written notice by either party to the other. 16.2 TERMINATION FOR CAUSE Notwithstanding the foregoing, this Agreement shall terminate in any event, and all obligations of the parties hereunder shall cease (except as to liabilities or obligations which have accrued or arisen prior to such termination), upon a breach of this Agreement or the occurrence of any of the following events: (a) FAILURE TO ACT, ETC. - In the event it is alleged or charged that the Premises, or any portion thereof, fails to comply with any law or regulation, or any order or ruling of any public authority; or the Agent, in its sole discretion, considers that the action or position of Owner or its representatives with respect thereto may result in damage or liability to Agent, or disciplinary proceeding with respect to Agent's license, Agent shall have the right to terminate this Agreement at any time by written notice to Owner. Such termination shall not release the indemnities of Owner set forth herein. (b) EXCESSIVE DAMAGE - Upon the destruction of or substantial damage to the Premises by any cause, or the taking of all or a substantial portion of the Premises by eminent domain, in either case making it impossible or impracticable to continue operation or management of the Premises. 16.3 OWNER RESPONSIBLE FOR PAYMENTS Upon termination of or withdrawal from this Agreement, Owner shall assume the obligations of any contract or outstanding bill executed by Agent under this Agreement for and on behalf of Owner, and responsibility for payment of all unpaid bills. In addition, Owner shall furnish Agent security, in an amount satisfactory to Agent, against any obligations or liabilities, which Agent may have properly incurred on Owner's behalf under this Agreement. Agent may withhold funds for up to ninety (90) days after the end of the month, in which this Agreement is terminated, in order to pay bills previously incurred but not yet invoiced and to close accounts. Agent shall deliver to Owner, within ninety (90) days after the end of the month in which this Agreement is terminated, any balance of monies due Owner or of tenant security deposits, or both, which were held by Agent with respect to the Premises, as well as a final accounting reflecting the balance of income and expenses with respect to the Page 7 of 9 Initials __________ MANAGEMENT AGREEMENT Premises as of the date of termination or withdrawal, and all records, contracts, leases, receipts for deposits and other papers or documents which pertain to the Premises. Section 17 DISPUTE RESOLUTION Agent and Owner agree that they will mutually benefit from a procedure for resolving legal disputes, which may arise between them and which might otherwise become the subject of litigation, in an expeditious, cost efficient, fair and impartial manner. Therefore, Agent and Owner agree that all potentially litigable claims or controversies arising from the rights, duties and/or obligations of this Agreement shall be submitted to nonbinding mediation before a mutually acceptable mediator. If the parties cannot agree upon a mediator, the dispute shall be mediated before the American Arbitration Association Agent and Owner understand and agree that they will proceed with good faith mediation before filing or pursuing any lawsuit or adversarial proceeding with the exception of the following matters: (a) a judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or real property sales contract, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic’s lien, (d) any matter which is within the jurisdiction of a probate or small claims court, or (e) an action for bodily injury or wrongful death, or for latent or patent defects. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision. Section 18 INDEMNIFICATION SURVIVES TERMINATION All representations and warranties contained herein shall survive the termination of this Agreement. All provisions of this Agreement that require Owner and or Agent to have insured or to defend, reimburse, or indemnify Agent or Owner shall survive any termination; and if Agent or Owner becomes involved in any proceeding or litigation by prior business relationship, such provisions shall apply as if this Agreement were still in effect. Section 19 FORCE MAJEUR Any delays in the performance of any obligation of Agent under this Agreement shall be excused to the extent that such delays are caused by wars, national emergencies, natural disasters, strikes, labor disputes, utility failures, governmental regulations, riots, adverse weather, and other similar causes not within the control of Agent, and any time periods required for performance shall be extended accordingly. The same provisions shall be accorded to the Owner. Section 20 SALE OF PROPERTY If property is listed with a Real Estate Broker for sale other than PR Realty Co., Jackson Group will assist as requested/needed. Jackson Group fee will be based on an $75.00 per hour fee, minimum charge of 1 hour. A full accounting of billable hours will be provided to Owner. Agreement to be signed at time of listing and payable at close of escrow from listing agent's commission. Normal property management charges shall not be billed to listing agent. Page 8 of 9 Initials __________ MANAGEMENT AGREEMENT Section 22 ADDITIONAL PROVISIONS 22.1 AGENTS DUE DILIGENCE Agent Agrees to use due diligence in performance of this contract and in all matters involved with the management of this property. 22.2 WRITTEN NOTICE TO TERMINATE If it shall become necessary for Agent or Owner to give notice of any kind hereunder, it shall be in writing and shall be served by sending such notice by certified or registered mail (return receipt requested) to the address of the other, postage pre-paid. Section 23 COMPLETE AGREEMENT This Agreement, including any specified attachments, constitutes the entire agreement between Owner and Agent with respect to the management and operation of the Premises and supersedes and replaces any and all previous management agreements entered into and/or negotiated between Owner and Agent relating to the Premises covered by this Agreement. No change to this Agreement shall be valid unless made by supplemental written agreement executed and approved by Owner and Agent. The management agreement consists of 6 pages and one addendum. Section 24 AGREEMENT BINDING UPON SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereto, their respective representatives, heirs, administrators, executors, successors and assigns. Owner Name Tax ID # Owner Signature Date Agent Name Date Agent Signature Jackson Group Property Management CA DRE License # 00290016 Tax ID # 20-8123369 Page 9 of 9 Initials __________ RESIDENTIAL TENANCY AGREEMENT 1. INTRODUCTION Click here to enter text.(“AGENT TO OWNER”) rents to Click here to enter text., (“TENANT”) and Tenant agrees to rentClick here to enter text., California, (the “PREMISES”). No other portion of the building (hereinafter, the “Building”), wherein the Premises is located is included unless expressly provided for in this Agreement. The Premises is provided as Unfurnished / Furnished (see attached Furniture Inventory). The appliances provided at inception of the tenancy are described as:Click here to enter text.. 2. TERM The term of this rental shall begin on Click here to enter text. and end on Click here to enter text., and thereafter shall be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated. 3. PHYSICAL POSSESSION If Owner is unable to deliver possession of the Premises at the commencement of the term, 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. 4. RENT The initial monthly base rent for the Premises shall be $Click here to enter text.. All rent is due and payable in advance on the 1st day of each and every month (the “Due Date”) without offsets, deductions or credits. All rent shall be paid to Jackson Group Property Management or such other person as Owner shall designate in writing. Tenant agrees always to pay rent by personal check, cashier’s check, or money order and/or cash. Rent shall be paid to Owner at the following address: 1806 Balboa Street, San Francisco, CA 94121 or at such other place designated by Owner. In the event of roommates, or another form of multiple tenancy, Tenant understands and agrees that rent shall be paid with a single payment and that it is up to Tenant to collect individual checks independently in order to submit a combined, single payment. Tenant bears the risk of loss or delay of any payment made by mail. Owner must receive mailed rent payments on or before the Due Date. Rent for any partial month shall be pro-rated at the rate of 1/30th of the monthly rent per day. Owner may apply any payment made by Tenant to any obligation of Tenant to Owner notwithstanding any dates or other direction from Tenant that accompanies any such payment. Any attempt by Tenant to allocate a payment in any other way shall be null and void. Owner will accept rent payments ONLY from the actual Tenant(s). No third party checks will be accepted, nor shall Owner be liable to Tenant in any way as a result of refusing any third party check. Should Owner elect to accept a third party check such acceptance shall not be construed as a waiver of this provision. Tenant(s) Initials: 5. SECURITY DEPOSIT Before the commencement of the term, Tenant shall pay a security deposit of $Click here to enter text. (the “Security Deposit”) for the purposes set forth in Civil Code Section 1950.5. No trust relationship between Owner and Tenant is created because of the Security Deposit and Owner may commingle the Security Deposit with other funds of Owner. Owner may retain such amounts of the Security Deposit as allowed by law including, but not limited to, Tenant’s obligation to restore, replace or return personal property. Owner shall, within the time period allotted by law, refund any balance after such deductions to Tenant after Tenant has vacated the Premises. Tenant shall not be deemed to have vacated the Premises for purposes of this paragraph until a) Tenant returns to Owner ALL keys to the Premises, and b) Tenant has surrendered the Premises to Owner free and empty of all persons claiming any right to possess the Premises. Any balance of the Security Deposit and an accounting of any deductions therefrom will be mailed to Tenant at the Premises unless Tenant provides, in writing to Owner, a mailing address to which the balance, if any, of the Security Deposit and the accounting should be sent. Owner’s check or other draft refunding any balance of the Security Deposit may be made in the name of all original tenants regardless of the party who in fact made the deposit and regardless of the identity of the persons then occupying the Premises. Tenant may NOT apply the Security Deposit, nor any portion thereof, to the last month's rent. If any portion of the Security Deposit is applied by Owner to any obligations of Tenant at any time during the tenancy Tenant must, upon 5 days written notice, reinstate the Security Deposit to its full original amount. If required, Owner shall pay to Tenant simple interest as directed by such law on the amount held as a Security Deposit, provided this tenancy does not terminate before the Security Deposit has been held for one year. Said payment of interest shall be made once a year commencing with the date the Security Deposit has been held for a year. Upon Tenant’s surrender of the Premises, if the Security Deposit is insufficient to remedy Tenant’s default in rent, to repair damages caused by Tenant and to clean the Premises, Owner may use from the accrued unpaid interest such amounts as are necessary for those purposes. Accrued Copyright © PPMA 2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 1 of 20 RESIDENTIAL TENANCY AGREEMENT unpaid interest or balance thereof, if any, shall be mailed to Tenant at last known address in the same manner as any refund of the Security Deposit. Owner may increase the security deposit up to the maximum allowed by law at any time with notice. The parties agree that the Security Deposit is not rent and therefore not subject to the Rent Ordinance. 6. LATE PAYMENTS Tenant and Owner agree that Owner will sustain costs and damage as a result of any late payment of rent but that it will be extremely difficult to determine with specificity the actual amount of that damage. Therefore, Tenant agrees to pay a late charge equal to Click here to enter text. for any payment of rent not received by Owner within Three (3) calendar days of the Due Date. The parties agree that this late charge represents a fair and reasonable estimate of the costs and damages that Owner will incur by reason of late payment by Tenant. The provision for payment of a late charge does not constitute a grace period and Owner may serve a 3-Day Notice to Pay Rent or Quit on the day after the Due Date. Owner and Tenant agree that Tenant paying rent five days after the Due Date on three separate occasions within any twelve month period shall constitute habitual late payment of rent and may be considered a just cause for eviction. Payment of the late charge does not cure the late payment for purposes of establishing habitual late payment of rent. Tenant(s) Initials: 7. RETURNED CHECKS In the event that Tenant makes any payment required hereunder with a check which is not honored by the bank on which it is drawn for any reason, Tenant agrees to pay to Owner the additional sum of $7.00 as a reimbursement of the expenses incurred by Owner. A dishonored check shall constitute late payment of rent and shall be subject to the provisions of paragraph 6 above regarding late payment, including but not limited to habitual late payment of rent. Such charges shall be immediately due and payable upon notice to Tenant. Failure to immediately pay the charges shall constitute a default under the terms of this Agreement. Owner reserves the right to demand payment of rent by certified funds, cashier’s check or money order for all future payments in the event of any such returned check or any other monetary default by Tenant and rent tendered in any other form may be refused by Owner. Nothing in this paragraph shall limit other remedies available to Owner as a payee of a dishonored check. Owner and Tenant agree that three returned checks in any twelve month period shall constitute frequent return of checks due to insufficient funds and may be considered a just cause for eviction. Tenant(s) Initials: 8. FAILURE TO PAY Pursuant to Civil Code Section 1785.26, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations, such as your financial obligations under the terms of this Agreement. 9. INDIVIDUAL LIABILITY Each person who signs this agreement, whether or not said person is or remains in possession of the Premises, shall be jointly and severally responsible for the full performance of each and every obligation of this agreement, including, but not limited to, the payment of all rent due and the payment of costs to remedy damages to the Premises regardless of whether such damages were caused by Tenant, Tenant’s Guests or Invitees. 10. INSPECTION OF PREMISES Tenant has inspected the Premises, furnishings and equipment including smoke detectors, where applicable, and has found the same to be satisfactory and in good working order. All plumbing, heating and electrical systems are operative and deemed satisfactory by Tenant if Owner is not notified in writing to the contrary within 48 hours of occupancy of the Premises. Tenant(s) Initials: 11. USE/OCCUPANCY The Premises are leased for use as a permanent, principal, and full-time residence, utilizing designated portions of the premises for living, sleeping, cooking and dining purposes, and for no other purpose by the following named person(s) and no others: 1. Name: 3. Name: Click here to enter text. Only Click here to enter text. Only 2. Name: And; 4. Name: And; Click here to enter text. Only And; Click here to enter text. Only Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 2 of 20 RESIDENTIAL TENANCY AGREEMENT This Agreement is between Owner and each named Tenant who is signatory to this Agreement, individually and severally. The named signatory Tenants are jointly and severally responsible for the performance of their obligations under this Agreement, including the payment of rent until such time as the tenancy in its entirety is terminated and the premises relinquished to Owner, regardless of whether the named Tenant occupies the Premises. No retail, or commercial or professional use of the Premises shall be made unless such use conforms to applicable zoning laws and the prior written consent of Owner is obtained in ADVANCE of such proposed use. As a condition for granting such permission, Owner may require that Tenant obtain liability insurance for the benefit of Owner. Smoking is not permitted in any common area(s) of the building. If checked, this unit is dedicated as “non-smoking” and Tenant agrees not to smoke or permit smoking in the unit. Notwithstanding any law to the contrary, the growing, cultivation, sale, or use in any form, of marijuana, for any purpose, is not permitted in or about the Premises, at any time, by Tenant, or Tenant’s guests, invitees or friends. The failure to abide by the covenant shall constitute a material breach of this Agreement and is a just cause for eviction. Tenant may have guests on the Premises for not over fifteen consecutive days or thirty days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than fifteen consecutive days or more than thirty days in any calendar year shall NOT be considered original tenants of the unit. Tenant must obtain the prior written approval of Owner if an invitee of Tenant will be present at the Premises for more than fifteen consecutive days or thirty days in a calendar year. Violation of the provisions of this section shall be deemed a substantial and material breach of this Agreement and is agreed to be a just cause for eviction. 12. PETS Click here to enter text. pets, dogs, cats, birds, fish or other animals are allowed in or about the Premises, even temporarily or with a visiting guest, without prior written consent of Owner, excepting service animal(s) as required by law. Any such consent is conditioned upon Tenant completing and signing Owner’s Pet Agreement which shall become part of this Agreement. Strays shall not be kept or fed in or about the Premises. Strays can be dangerous and Owner must be notified immediately of any strays in or about the Premises. If a pet has been in a Tenant’s apartment or allowed into the building, even temporarily (with or without Owner’s permission) Tenant may be charged for cleaning, de-fleaing, deodorizing or shampooing any portion of the building or Premises at the discretion of Owner. 13. WATERBEDS Waterbeds and/or liquid filled furniture are PROHIBITED in accordance with Civil Code Section 1940.5. If the Premises are located in a structure for which the original Certificate of Occupancy was issued after January 1, 1973 then such furniture may be permitted only upon written consent of Owner, upon the completion of a Waterbed Agreement which shall become part of this Agreement and subject to continued compliance by Tenant of all provisions therein. 14. ROOF/FIRE ESCAPES Use of the roof and/or the fire escapes by tenants and/or guests is limited to emergency egress ONLY. No other use is permitted, including but not limited to, the placement of personal property. 15. ASSIGNMENT AND SUBLETTING: (Owner must select ONLY one, either A or B) A. Tenant may not assign this Agreement or sublet the whole or any portion of the Premises without obtaining the prior written consent of Owner which MAY be unreasonably withheld. The named Tenant above is the only “original” Tenant. No person other than the named Tenant shall be permitted to regularly or continuously use or occupy the Premises unless all of the following conditions are met: (1) Tenant notifies Owner in writing, signed by every Tenant, stating a request to have a new person occupy the Premises; (2) said prospective occupant completes and gives to Owner Owner’s rental application; (3) Owner approves of the prospective occupant’s creditworthiness and references from prior landlords; and (4) Tenant(s) and prospective occupant acknowledge, in writing, receipt of a copy of Section 6.14 of the Rules and Regulations of the San Francisco Rent Ordinance, if applicable, and the new occupant signs Owner’s standard form sub-tenancy agreement for such occupancy BEFORE occupying the Premises, which agreement will include a provision that the new occupant will abide by and perform all the obligations of this Agreement and that the rent for the Premises may be raised to market rates when the last of the original Tenant(s) moves from the Premises. In the event that Owner consents to any sub-tenancy, it is hereby agreed that the Original Tenant may not charge more to the sub-tenant(s) than that proportional share of the rent which is being charged by and paid to Owner which is attributable to any exclusive use area leased to the sub-tenant, plus a reasonable pro-rata share of the common area space of the apartment unit that the sub-tenant has a right to utilize. Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 3 of 20 RESIDENTIAL TENANCY AGREEMENT No action or inaction or acceptance of rent or knowledge on the part of Owner shall be deemed to be a waiver of the provision of this Paragraph on the part of Owner and shall not be deemed an approval of any person as a “subtenant” for any purpose. B. Tenant(s) may NOT assign this Agreement nor sublet the whole or any portion of the Premises. This is a blanket prohibition which means that Tenant may not have any other person reside at the Premises; that even if one tenant leaves, no replacement tenant(s) will be permitted and no additional tenant or occupant will be allowed in the unit. Said prohibition on assignment and subletting shall apply equally to any parking space, garage, storage area or other rented space made available to Tenant(s). The Owner expressly intends not to waive this prohibition unless such waiver is specifically put in writing and signed by Owner. The parties agree that unless the absolute prohibition against subletting is waived in writing and signed by Owner it shall be conclusively presumed that there has been no waiver. If the foregoing absolute prohibition is at any time invalidated, the provisions of subparagraph 15A above shall govern any assignment and subletting, there must be an “original” tenant who uses the premises as his/her primary residence, and any additional rights which are granted to Owner as part of any changes in laws with regard to assignment and subletting shall be incorporated into the Agreement and become binding upon Tenant. Tenant(s) Initials: 16. STORAGE (Owner to select one) No additional storage space outside of the Premises is authorized, permitted or provided under this Agreement. Storage space described as: Click here to enter text.is hereby provided. The monthly charge for said storage space shall be $Click here to enter text. in addition to, $Click here to enter text. included in, the monthly rent. Tenant agrees that the charge indicated herein plus any allowable increase represents the maximum reasonable value of the service throughout the term of the tenancy. Tenant releases Owner from any liability for loss or damage to Tenant's property while stored on the Premises. Any property stored in designated storage areas shall be removed on or before the date of termination of tenancy. In the event such property is not so removed, Owner may dispose of same without any liability to Tenant whatsoever and Tenant hereby specifically waives any rights as defined in Civil Code Section 1980 et. seq. Owner reserves the right to inspect all such storage areas and require necessary removal or clean up as it deems necessary for the health and safety of the Premises, the building and/or its occupants. No storage of any kind will be permitted on fire escapes or in other common areas. Tenant(s) Initials: 17. PARKING SPACE(S) (Owner to select one) This agreement does NOT provide for parking space(s) of any motor vehicle or motorcycle anywhere in or about the Premises and/or the building. Parking space(s) described as: Click here to enter text.is herein provided. The monthly charge for said parking space(s) shall be $Click here to enter text. in addition to, $Click here to enter text. included in, the monthly rent. Tenant agrees that the charge indicated herein plus any allowable increase represents the maximum reasonable value of the service throughout the term of the tenancy. Tenant agrees to use the parking space(s) exclusively for the parking of motor vehicles; excluding trailers of any kind, boats, campers, buses, or trucks larger than a one-ton pickup. Absolutely NO automotive cleaning, washing, maintenance or repair work of any kind and NO storage of any kind shall be permitted in or about the parking space(s). Tenant(s) Initials: 18. UTILITIES Tenant shall pay directly for all utilities, services and charges provided to the Premises EXCEPT for those listed as follows:Click here to enter text.. Tenant agrees to comply with any energy or water conservation programs implemented by Owner. Tenant understands that the rent paid by all residents is partially determined by the cost of utilities. Nothing contained herein prevents Owner from passing through to Tenant utility costs as provided by law. In accordance with local regulations Owner shall provide one working telephone line and one working telephone jack into the Premises. Unlike the local gas and electric company, the telephone company charges for time required to repair telephone lines, wall jacks, etc. Therefore, Tenant shall obtain and keep in force an Inside Wiring Repair Plan, if available, with the telephone company that will defray the costs of any necessary repairs. Tenant shall be provided access to the building and the Premises for the installation of utility and communication lines and services ONLY as required by law and ONLY upon prior written consent by Owner. Tenant(s) Initials: Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 4 of 20 RESIDENTIAL TENANCY AGREEMENT 19. MAINTENANCE AND REPAIRS Tenant shall, at Tenant's expense, at all times maintain the Premises, furnishings and appliances, if any, in a clean and good condition and shall surrender the same upon termination of tenancy in the same condition as received (excepting normal wear and tear). Tenant understands that Tenant is responsible for the cost of repair of ALL damages in or about the Premises whether caused by Tenant, Tenant's guests or invitees. Except in an emergency, maintenance and repair requests must be made in writing and delivered to Owner or its Agent. Such notice shall also be deemed permission to enter the Premises to perform such maintenance or repairs in accordance with Civil Code Section 1954 and paragraph 23 herein unless otherwise specifically requested, in writing, by Tenant. Tenant, however, may not place any unreasonable restrictions upon such access or entry. The Premises shall be rebuttably presumed to be in a safe and habitable condition unless and until written notice to the contrary is received by Owner. In the event that Premises is provided with hardwood floors or other non-carpeted floor surfaces, Tenant hereby agrees to keep at least 80% of such areas covered with floor rugs or carpet. It is also hereby understood that Tenant shall not change or replace any window coverings visible from outside the Premises or building without the prior written consent of Owner. Tenant acknowledges that the Premises and the building from time to time may require renovations or repairs to keep them in good condition and repair and that such work may result in temporary loss of use of portions of the building or Premises and may inconvenience Tenant. Tenant agrees that any such loss shall not constitute a reduction in housing services or otherwise warrant a reduction in rent. 20. ALTERATIONS Tenant shall NOT remodel, renovate, paint, refinish floors, or otherwise alter the Premises, common areas, or any other parts of the building; Tenant shall not apply adhesive paper to any cabinets, walls, or doors; nor shall Tenant hang any plants, planters or lighting fixtures from ceilings or walls; nor shall Tenant tack, nail or glue any coverings to floors or walls without prior written consent of Owner. Tenant shall not install nor operate any washing machines, clothes dryers, portable dishwashers, deep-freeze units (or other such appliances), pianos, organs, or outside antennae on the Premises without prior written consent of Owner. No plants, planters or plant boxes may be placed directly on floors or on carpets, on window ledges or on fire escapes. Satellite Dishes: Tenant may, ONLY upon prior written consent of Owner, install satellite dishes within the Premises. However, such installation shall be subject to all of the following rules and conditions: 1) Dish must be installed WITHIN the exterior boundaries of the Premises or inside balcony railings or windows; 2) Dish may only be mounted in such a way as to not be visible from the street or in any other way negatively impact the outward appearance of the building; 3) Satellite dish may not exceed one (1) meter in diameter; 4) Dish must be securely and properly mounted in a workman–like manner by a licensed contractor; 5) Installation must not damage unit, unit walls or other appurtenances; 6) Tenant remains strictly liable for any injury or damage to persons or property caused by the satellite dish and Tenant MUST maintain sufficient liability coverage against any such injury or damage. Proof of such insurance MUST BE provided to Owner, with Owner listed as an “additional insured,” prior to approval of installation and upon each renewal of coverage. Upon termination of tenancy, owner shall have the option, at owners’ sole discretion, to require tenant to restore the Premises to the original condition as received excepting normal wear and tear. 21. LOCKS Tenant shall NOT change any lock or place additional locking devices upon any door or window of the Premises without the prior written consent of Owner. In the event of such installation Tenant shall provide Owner with keys to such lock or device within 48 hours. Any expense incurred by Owner as a result of Tenant action, such as changing of locks, shall be reimbursed by Tenant upon demand. Once installed, an approved lock may not be removed even when the unit is vacated. Keys to the Premises are the exclusive property of Owner. Tenant shall not consign keys to the Premises to any other person without the prior written consent of Owner. In the event that any keys to the Premises are lost, Tenant shall be liable for the entire cost of all key and lock replacement, at the discretion of Owner, as required for the security of the Premises, the building and its occupants. All keys must be returned to Owner when Tenant vacates. Tenant shall be charged for the cost of new locks and keys if all keys are not returned. 22. DAMAGES TO PREMISES If the Premises are damaged by fire, flood, earthquake, or from any other cause so as to render them uninhabitable and therefore destroyed, the tenancy is terminated. Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 5 of 20 RESIDENTIAL TENANCY AGREEMENT 23. ENTRY AND INSPECTION Owner shall have the right to enter the Premises pursuant to California Civil Code Section 1954; in addition, Owner shall have the right upon reasonable notice to enter the unit to inspect for possible health risks, defects, code violations, necessary repairs or maintenance or to exhibit the unit to real estate professionals for purposes of sale. Owner shall give Tenant reasonable notice of its intention to enter the Premises and shall enter only during normal business hours, unless otherwise agreed by Tenant. For purposes of this paragraph, normal business hours shall be defined as 7:00 AM to 7:00 PM, everyday of the week. Tenant may not place any unreasonable restrictions upon such entry. If, however, Owner reasonably believes that an emergency exists (such as a fire or flood) which requires immediate entry, such entry may be made without prior notice to Tenant. If Tenant has, after written notice to cease, continued to deny Owner access to the unit, as required by State law, such failure is a substantial breach of this agreement and is a just cause for eviction. If the Premises or the building is required by any government agency, lender or insurer to undergo repairs or alterations Tenant agrees to cooperate fully with Owner so that all such repairs or alterations are made in as expeditious and efficient a manner as possible. 24. NOTICES Any notice which either party may give, or is required to give, may be delivered to Tenant at the Premises and Owner at: Jackson Group Property Management, 1806 Balboa Street, San Francisco, CA 94121 or such other address later designated by Owner. 25. INTERRUPTION OF SERVICES Owner shall not be liable to Tenant or to any other person in damages or otherwise, nor shall Owner be in default under this Agreement for any interruption or reduction of utilities or services caused by someone other than Owner, or by Owner due to circumstances beyond Owner’s reasonable control. 26. TERMINATION If the Tenant intends to vacate at the end of the original term of this agreement, or for any other reason after the original term of this Agreement, Tenant MUST give owner at least 30 days prior, written notice of Tenants intention to terminate the tenancy and vacate the Premises. After the expiration of the original term of this Agreement, Owner may terminate the tenancy, in accordance with applicable law, by giving in the case of a tenancy of less than one year at least 30 days prior written notice, and in the case of a tenancy of more than one year at least 60 days prior written notice, to Tenant. Upon termination Tenant shall completely vacate the Premises and any parking or storage areas; give written notice of Tenant's forwarding address; and deliver all keys, furnishings, if any, and the Premises to Owner in the same condition as received excepting normal wear and tear. Rent shall be due and payable through the end of the notice period. Tenant may rescind said notice within 5 calendar days after it is served on Owner without incurring liability to any person. Such rescission must be in writing delivered to Owner. Thereafter, if Tenant fails to vacate the Premises on or before the date set forth in Tenant’s notice, Tenant shall be liable for any costs incurred by Owner or any third parties who relied on Tenant’s notice terminating the tenancy, and failure to vacate as agreed is a substantial violation of the terms of the tenancy and is a just cause for eviction. Tenant further agrees to defend, protect, indemnify and hold Owner harmless from any and all damages, lost rents, costs, expenses, losses, claims and liabilities, including attorney’s fees, arising in any way out of Tenant’s failure to comply with the provisions of Tenant’s notice. Tenant’s failure to pay any such sums within 20 days after demand shall be deemed a material breach of this Agreement. Any attempt by Tenant to terminate this Agreement prior to the end of the original term shall be deemed to be a breach of this agreement and Owner shall be entitled to recover all damages occasioned thereby including leasing commissions, advertising expenses and utilities maintained to show the unit. Owner has the right to recover possession of the Premises for his or her occupancy as a principal place of residence. Tenant(s) Initials: 27. HOLDING OVER Tenant agrees to vacate the Premises by 7:00 PM on the termination date of this tenancy. Should Tenant fail to vacate by said time the hold-over shall be presumed to be willful, deliberate, and without the consent of Owner and Owner shall be entitled to damages for the hold-over period, plus other expenses incurred due to breach of this condition of the Agreement. Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 6 of 20 RESIDENTIAL TENANCY AGREEMENT 28. NUISANCE Tenant shall not commit, nor permit to be committed, any waste or nuisance, upon in or about the Premises, nor shall Tenant create or permit a substantial interference with the comfort, safety, or enjoyment of Owner and other occupants of the property or their Agents, guests and/or invitees. Three complaints against Tenant, Tenant's Guests or Invitees in any twelve month period shall be deemed a nuisance, is a substantial violation of a material term of the tenancy and is a just cause for eviction. Tenant(s) Initials: 29. HOLD HARMLESS Owner shall not be liable for any damages or injury to Tenant, or any other person, or to any property, occurring on the Premises or any part thereof, or in common areas thereof, unless such damage is the proximate result of the intentional or unlawful act of Owner, its Agents or its employees. Tenant shall indemnify, defend and hold Owner and its Agents harmless from all claims of loss or damage to property and of injury to or death of any person or persons caused by the intentional acts or negligence of Tenant, his guests, licensees, or invitees occurring in or about the Premises including other areas of the building, adjacent sidewalks, streets, etc. Tenant hereby expressly releases Owner and/or Agent from any and all liability for loss or damage to Tenant’s property or effects whether in the Premises, garage, storerooms or any other location in or about the Premises, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Owner, Owner’s employees, heirs, successors, assignees and/or Agent’s. Tenant(s) Initials: 30. INSURANCE Owner's insurance does NOT provide for coverage of Tenant's personal belongings or personal liability unless as a direct and proximate result of Owner's negligence. Therefore, Owner strongly urges and recommends to each Tenant that Tenant secure sufficient insurance to protect against losses such as fire, flood, theft, vandalism, personal injury or other casualty. Tenant(s) Initials: 31. LEAD DISCLOSURE Many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards if not taken care of properly. The law requires that tenants and lessees receive certain information before renting pre-1978 housing. By signing this Agreement, Tenant represents and agrees that Owner has provided Tenant with such information, including, but not limited to: EPA Booklet Entitled “Protect Your Family From Lead In Your Home” San Francisco Lead Hazard Notice for Pre-1978 Dwellings Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards Tenant(s) Initials: 32. MOLD/MILDEW Tenant agrees to maintain the Premises in a manner that prevents the occurrence of, and infestation of mold or mildew in the Premises. Tenant agrees to uphold this responsibility in part by complying with the list of responsibilities in the addendum entitled Mold Notification. By signing this Agreement, Tenant represents and agrees that Owner has provided Tenant with such information, including, but not limited to: Addendum – Mold Notification Mold/Mildew Disclosure Form Tenant(s) Initials: 33. MEGAN’S LAW The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. 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. Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 7 of 20 RESIDENTIAL TENANCY AGREEMENT 34. ASBESTOS The Premises may contain asbestos or have original construction materials that contain asbestos. The Premises contains asbestos. Asbestos is known to exist in the following locations:Click here to enter text.. (Copies of available reports, if any, are attached hereto for your reference and information.) Damaging or disturbing the surface of asbestos-containing materials (ACMs) may increase the risk of exposure. Therefore, Tenant and Tenant’s guests, contractors or invitees shall not allow any action which may, in any way, disturb ACMs or any part of the premises that may contain asbestos or ACMs. Tenant shall notify Owner immediately if Tenant knows or suspects that an ACM has been disturbed or if Tenant becomes aware of any ACM that is showing signs of deterioration. 35. HAZARDOUS MATERIALS DISCLOSURE Pursuant to the regulations of Proposition 65, enacted by the voters of California, Owner hereby makes the following required disclosure: “Warning - The premises contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.” 36. NO WAIVER No failure of Owner to enforce any term of this Agreement will be deemed a waiver of that term or of any other term of the Agreement. The waiver by Owner of any term of this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term of this Agreement, nor will any custom or practice which may develop between the parties be construed to waive or to lessen the right of Owner to insist upon performance by Tenant of all the provisions of this Agreement, or support a claim of detrimental reliance by Tenant. The subsequent acceptance of rent by Owner will not be deemed to be a waiver of any preceding breach by Tenant of any term of this Agreement regardless of Owner’s knowledge of such preceding breach at the time of acceptance of such rent. Owner’s acceptance of a partial payment of rent will not constitute a waiver of Owner’s right to the full amount due nor will Owner’s acceptance of rent paid late ever constitute a waiver of Owner’s right to evict Tenant for habitual late payment of rent. 37. ESTOPPEL CERTIFICATES Tenant and each of them and all persons holding under them, within five (5) days after receipt from Owner, shall sign and return to Owner a certificate, statement, or other such document signed by all occupants providing such information, as Owner may reasonably request, under penalty of perjury, including, but not limited to, the amount of base rent currently paid, the names of each occupant and their respective dates of occupancy, the date of the last rent increase, the status of each and entitling one to special benefits based on age, health, disability, income, or other criteria, under any provision of the Rent Ordinance or other applicable law, the identity of furniture or fixtures that belong to Tenant, whether the rent includes any parking space or storage space, and the amount of any security deposit or prepaid rent and whether interest on said deposit has been paid and through which date. In addition, Tenant(s) shall disclose, upon request, any information which Tenant believes would prevent any purchase of the Premises or would prevent Owner or potential owner from moving into the Premises. Failure to deliver the above described document within the five (5) days shall be a material breach of this Agreement. 38. APPLICATION Any Rental Application or related form submitted by Tenant is incorporated herein as though set forth in full. Any misrepresentations contained therein shall be considered a material incurable breach of this Agreement and may be a just cause for eviction. 39. HOUSE RULES Tenant agrees to abide by any and all house rules, whether made known before or after the date of this Agreement, including, but not limited to, rules with respect to noise, odors, disposal of refuse and use of common areas. Tenant has read, understands and agrees to be bound by the existing House Rules attached to and made part of this Agreement. Tenant(s) Initials: 40. SMOKE DETECTOR(S) Tenant shall maintain in proper working order and test monthly all smoke detectors in the Premises, and shall not remove their batteries or disable them, or otherwise interfere with their normal operation. Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 8 of 20 RESIDENTIAL TENANCY AGREEMENT 41. CAPTIONS The captions in this Agreement are to assist the parties in reading this Agreement and are not a part of the terms or provisions of this Agreement. 42. ADDITIONAL The invalidity or partial invalidity of any provision of this Agreement shall not render the remainder of the Agreement invalid or unenforceable. Violation by Tenant of any applicable ordinance or statute shall be deemed sufficient cause for termination of tenancy. Notwithstanding any other provision of this agreement, each and every expressed term and condition is deemed material by the parties. This Agreement may be used for both rent controlled and non-rent controlled premises. If the premises being rented is not subject to any applicable rent control ordinance no reference in this Agreement to any such ordinance shall be deemed to represent to Tenant that the premises is subject thereto, nor shall such reference make any ordinance is any way applicable to the tenancy created by this Agreement. 43. ENTIRE AGREEMENT This Agreement consists of the forgoing numbered paragraphs, the House Rules, Rental Application, Move-In Condition Report and attachments identified in this agreement herein, and other attachments identified as:Click here to enter text.. (If none, write “None.”) Owner and Tenant acknowledge and agree that the drafting of this Agreement was the product of negotiations. This Agreement shall not be construed against either Owner or Tenant on the ground that such person authored or drafted this Agreement. The foregoing constitutes the entire Agreement between the parties and may be modified only in writing signed by all parties except that Owner may change the terms of the tenancy and this Agreement pursuant to Civil Code Section 827. Tenant(s) Initials: BY SIGNING BELOW TENANT(S) HEREBY ACKNOWLEDGE(S) READING AND UNDERSTANDING THE TERMS OF THIS AGREEMENT, AND FURTHER ACKNOWLEDGE(S) RECEIVING A COPY HEREOF: Tenant Date Tenant Date Tenant Date Owner/Agent Date Click here to enter text. Click here to enter text. Owner/Agent telephone number (required) Owner/Agent’s preferred hours/days Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 9 of 20 RESIDENTIAL TENANCY AGREEMENT RECEIPT OF MONIES COLLECTED By signing above Owner hereby acknowledges having received, and Tenant acknowledges the payment of, the following: Security Deposit: Click here to enter text. $ Click here to enter text. text.to Click here to enter text. Prorated Rent: $ Pre-Paid Rent: $ for the Period: Click here to enter Click here to enter text. for the Month of: Click here to enter Click here to enter text. describe: Click here to enter text. Click here to enter text. describe: Click here to enter text. text. Other: $ Other: $ TOTAL COLLECTED: $ Click here to enter text. Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 10 of 20 RESIDENTIAL TENANCY AGREEMENT Lease Addendum -Mold Notification It is our goal to maintain the highest quality living environment for our Tenants. Therefore, know that the Owner/Agent has inspected the unit prior to lease and knows of no damp or wet building materials and knows of no mold or mildew contamination. Tenant is hereby notified that mold, however, can grow if the premises are not properly maintained or ventilated. If moisture is allowed to accumulate in the unit, it can cause mildew and mold to grow. It is important that Tenants regularly allow air to circulate in the apartment. It is also important that Tenants keep the interior of the unit clean and that they promptly notify the Owner/Agent of any leaks, moisture problems, and/or mold growth. Tenant agrees to maintain the premises in a manner that prevents the occurrence of an infestation of mold or mildew in the premises. Tenant agrees to uphold this responsibility in part by complying with the following list of responsibilities: 1. Tenant agrees to keep the unit free of dirt and debris that can harbor mold. 2. Tenant agrees to immediately report to the Owner/Agent any water intrusion, such as plumbing leaks, drips, or "sweating" pipes. 3. Tenant agrees to notify owner of overflows from bathroom, kitchen, or unit laundry facilities, especially in cases where the overflow may have permeated walls or cabinets. 4. Tenant agrees to report to the Owner/Agent any significant mold growth on surfaces inside the premises. 5. Tenant agrees to allow the Owner/Agent to enter the unit to inspect and make necessary repairs. 6. Tenant agrees to properly ventilate the bathroom while showering or bathing and to report to the Owner/Agent any non-working fan. 7. Tenant agrees to use exhaust fans whenever cooking, dishwashing, or cleaning. 8. Tenant agrees to use all reasonable care to prevent outdoor water from penetrating into the interior of the unit. 9. Tenant agrees to clean and dry any visible moisture on windows, walls, and other surfaces, including personal property, as soon as reasonably possible. (Note: Mold can grow on damp surfaces within 24 to 48 hours.) 10. Tenant agrees to notify the Owner/ Agent of any problems with any air conditioning or heating systems that are discovered by the Tenant. 11. Tenant agrees to indemnify and hold harmless the Owner/Agent from any actions, claims, losses, damages, and expenses, including, but not limited to, attorneys' fees that the Owner/Agent may sustain or incur as a result of the negligence of the Tenant or any guest or other person living in, occupying, or using the premises. Tenant Signature Date Tenant Signature Date Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 11 of 20 RESIDENTIAL TENANCY AGREEMENT Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. Owner’s Disclosure (Owner to initial and check appropriate boxes) (a) Presence of lead-based paint or lead-based paint hazards (check one below): Known lead-based paint and/or lead-based paint hazards are present in the housing and described as: Click here to enter text. Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the Lessor (check one below): Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below): Click here to enter text. Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Tenant’s Acknowledgment (Tenant to initial as acknowledgement) (c) Lessee has received copies of all information, if any, listed above. (d) Lessee has received the pamphlet, “Protect Your Family from Lead in Your Home.” Agent’s Acknowledgment (Agent, if applicable, to initial as Owner Representative) (e) Agent has informed the Owner of the Owner’s obligations under 42 U.S.C. §4582(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. Owner or Agent for Owner Date Tenant Date Tenant Date Click here to enter text. Address of Premises Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 12 of 20 RESIDENTIAL TENANCY AGREEMENT THIS DOCUMENT CONTAINS IMPORTANT HEALTH INFORMATION FOR PROPERTY OWNERS AND TENANTS SAN FRANCISCO LEAD HAZARD NOTICE FOR PRE-1978 DWELLINGS Lead poisoning is an invisible but very serious illness that can occur in people of all ages exposed to lead hazards. Lead is especially harmful to young children and developing fetuses. Even exposure to low levels of lead may cause permanent effects on children's learning abilities, attention span, hearing, and growth. Children are most often exposed to lead when they put their hands in their mouths, after touching surfaces or objects in the home that have lead-contaminated dust. Therefore, all young children should be tested for lead. Doctors are required to test children at 12 months and 24 months who are enrolled in Medi-Cal; Children's Health and Disability Prevention Program; Healthy Families; and Women, Infant, and Child Program. Also, children from 25 to 72 months, who have never been tested, are to receive a blood lead test. All other children, who do not qualify for these programs, should be tested if deemed necessary by the medical provider or in response to parental concerns. Lead was used in most house paint until 1978, when new laws greatly reduced the amount of lead allowed. Houses and buildings built before 1978 probably have lead-based paint under newer layers. When lead paint is damaged over time by neglect, impact, friction, or moisture, lead dust hazards are created. Also when lead paint is disturbed during renovation, construction, or painting, and dust or paint chips are not properly contained and cleaned up, lead dust remains inside the home or in the soil. Bare topsoil containing lead is a significant hazard, and children, adult, and pets can track lead dust from the soil into the home. As a tenant, you have the right to a safe and habitable housing. Before you rent a unit, do a thorough inspection. Make sure that both the interior and exterior paint are in good condition. Look for signs of moisture damage. Request that peeling, flaking, or chipping paint be repaired before you accept the unit. You can help prevent lead hazards by keeping your home clean and telling your landlord if you see damaged paint. As a landlord, you are advised to have a maintenance schedule for your rental units and do a visual inspection at least annually. These inspections will allow you to assess the upkeep of your property and address any unreported problems. If you want to know more about how to protect you and your family from lead poisoning, you may call the following agencies: • General Information (415) 554-8930 San Francisco Childhood Lead Prevention Program, Department of Public Health • EPA Landlord and Tenant Brochures The Lead-Based Paint Pre-Renovation Education Rule Protect Your Family From Lead In Your Home 1-800-424-LEAD • List of Lead Certified Inspectors and Contractors (Workers/Supervisors) California Department of Health Services 1-800-597-LEAD Copyright © PPMA 2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 13 of 20 RESIDENTIAL TENANCY AGREEMENT HOUSE RULES To protect your comfort, safety, and enjoyment, and that of your neighbors, Owner has adopted the following rules concerning your conduct while a Tenant of the Premises. Owner reserves the right to make changes or adopt additional rules. Failure to comply with the rules will constitute a material breach of the Tenancy Agreement and may constitute a just cause for eviction. NOISE/CONDUCT 1. Tenant shall not make or permit any noise, or engage in or permit any other conduct which disturbs or offends other residents or neighbors. 2. Special consideration must be exercised before 8:00AM and after 10:00PM. Tenants must comply with the directions of Owner and Owner’s determination shall be final. 3. Tenant is responsible for ensuring that disturbing noises are not caused by Tenant’s family, guests or invitees. 4. Social gatherings of Tenants and their guests are welcomed and encouraged provided that such gatherings do not become loud, boisterous, or generally objectionable, as judged in Owner’s sole discretion, so as not to interfere with the right of quiet enjoyment of other residents and neighbors. Hosting a loud, boisterous party in violation of the rule may lead to Tenant’s eviction. 5. Consumption of alcoholic beverages, by Tenants or their guests, is prohibited in the common areas of the Premises. 6. Residents are expected to cooperate with each other in resolution of any potential disputes, and are encouraged to use the services of a local dispute resolution service if they are having difficult at dispute resolution on their own. Tenant recognizes and agrees that Owner is not in a position to be an arbiter of disputes between Tenant and other residents or neighbors of Tenant, and that it is unfair and impractical to demand that Owner take sides between them or use Owner's authority against one resident for the benefit of another. Therefore, Tenant agrees that under no circumstance will Owner be required to take any sort of action whatsoever as between Tenant and other resident to resolve disputes, nor shall Owner be required to evict, or threaten to evict, any resident because of a dispute with or demand by Tenant, and Owner's failure to do so shall not give rise to a claim against Owner for breach of Tenant's quiet enjoyment or any other cause. PARKING (if provided by residential tenancy agreement) 7. Tenants shall park in their assigned place ONLY and shall not permit visitors to use parking facilities. 8. Only vehicles may be parked in parking areas. 9. Motorcycles, motor-driven cycles, bicycles, etc., shall not be stored in/on patios, fire escapes, hallways, common areas or other non-parking areas. BUILDING APPEARANCE 10. Alterations that will affect the building’s appearance, such as window coverings, shall not be permitted without Owner’s prior written approval. 11. No signs, advertisements, posters or similar displays, except burglary prevention notices, may be affixed to the exterior of any door or window or to any exterior wall without Owner’s prior written approval. 12. Garbage cans, brooms, mops, cardboard boxes and similar articles are to be kept inside the Tenant’s Premises. 13. Towels, rugs, clothing and other articles are not to be hung from windows, railings or balconies. LOCKOUTS 14. Tenants should take care not to lock themselves out of their apartments. If Agent to Owner is required to assist any Tenant in gaining entry to Tenant’s apartment, between the hours of 9:00 a.m. – 5:00 p.m. the Owner will charge Tenant $35.00 for each successive lockout. Between the hours of 5:00 p.m. – 9:00 a.m., we do not offer this service. It will be YOUR responsibility to call the approved and designated Jackson Group Property Management locksmith at YOUR own expense. Please see attached Addendum #5 (Contacts List) for the approved locksmith information. Tenant(s) Initials: INSURANCE 15. Tenants are advised to carry sufficient insurance on their personal property and to protect themselves from losses due to fire, flood, theft, personal injury or injury to others, or other casualty. Owner will not be responsible for replacement of any items or for Tenant’s losses unless as a direct and proximate result of Owner’s negligence. REFUSE 16. In order to preserve the appearance and cleanliness of your building, Tenants shall take care to prevent waste from dropping or spilling on carpeting, concrete, walkways, and or other common areas. 17. Tenants are required to cooperate with any recycling programs in effect. 18. Items too large to fit in any trash chute or refuse container must be carried to a designated area or disposed of by Tenant at Owners direction. 19. Tenants are liable for any additional costs involved in hauling or disposing of any items not collected by any contracted scavenger service. 20. Refuse is to be placed inside designated containers or chutes. Doors and lids should be closed properly and not slammed. 21. Tenants are responsible for the general cleanliness and sanitation of the building. Please keep that in mind at all times. 22. Cardboard boxes and other large refuse must be broken down or folded before being placed in the designated containers. Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 14 of 20 RESIDENTIAL TENANCY AGREEMENT DELIVERIES 23. Owner is not responsible for the delivery, acceptance or receipt of, damage to or loss of messages, packages, mail or other material left at entrances to the building or elsewhere in the Building. UNIT CARE 24. Before washing or cleaning walls, drapery or carpet, Tenant must consult Owner for the appropriate method or for recommended vendors to perform such work. 25. Tenant shall be responsible for any damage caused by the employment of any improper method or vendor and for the cost of redoing the work or restoring damaged articles or property to the Owner’s satisfaction, if the method applied or the vendor employed was unsatisfactory. 26. Tenant may not install air conditioners, ventilators or window screening devices without Owner’s prior written approval. 27. Tenant shall not paint the premises or any portion thereof without prior written consent of Owner. In the event such permission is given, Tenant shall restore the original paint colors prior to vacating the Premises. Tenant shall be responsible for all costs involved in such repainting. 28. Any accessories such as towel bars, coat hooks or built-in closet shelves, etc., may not be added without the prior written consent of Owner. Once installed they may not be removed even upon vacating the Premises. 29. Garbage disposals, dishwashers and other appliances must be used only for the intended purpose for which they were designed and constructed. WALL HANGINGS 30. Adhesive picture hangers of any kind are prohibited. Picture hangers employing a thin nail or pin are permitted. However, Tenant is responsible for the cost of any repairs or painting required as a result of the hanging of pictures or other objects. LAUNDRY FACILITIES (if provided) 31. Heavy articles are not allowed in the laundry machines or dryers. 32. Tenant must remove contents from machine promptly when cycle is complete. 33. Owner assumes no responsibility in the use of laundry equipment or for items lost, stolen or damaged therein. 34. Laundry facilities are for the exclusive use of Tenant’s for their own clothing ONLY. Acknowledged: Tenant Date Tenant Date Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 15 of 20 RESIDENTIAL TENANCY AGREEMENT ADDENDUM #1 ADDENDUM TO CONTRACT FOR THE RENTAL OF RESIDENTIAL PROPERTY 1. USE/OCCUPANCY: The premises shall be occupied by Click here to enter text. adults and Click here to enter text. children. It is understood that the premises is to be used exclusively for residential purposes. Retail or commercial use is prohibited. 2. LOCKS: Once installed, an approved lock may not be removed even when the unit is vacated. Keys to the premises are the exclusive property of the Landlord. Tenant shall not consign keys to the premises to any other person without owner's written consent. In the event that any keys to the premises are lost, Tenant shall be liable for the entire cost of all key and lock replacement, at the discretion of the Landlord, as required for the security of the premises, the building and its occupants. All keys must be returned to the Landlord when the Tenant vacates, SUCH RETURN SHALL DESIGNATE THE ACTUAL DATE AND TIME OF TERMINATION OF TENANCY. Tenant shall be charged for the cost of new locks and keys if all keys are not returned. 3. WAIVER/JURY TRIAL: Landlord and Tenant hereby waive their respective rights to trial by jury of any cause of action, claim, or counterclaim or cross-complaint in any action, proceeding and/or hearing brought about by either the Landlord against the Tenant or the Tenant against the Landlord any matter whatsoever arising out of, or in any way connected with this lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the premises, or any claim of injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency, or otherwise, now or hereafter in effect. 4. HOLDING OVER: Tenant agrees to vacate the premises by 7:00 PM on the last day of the term of this tenancy. Should the Tenant fail to vacate by such time the hold-over shall be presumed to be willful and deliberate and Landlord shall be entitled to damages for the hold-over period, plus such other expenses incurred due to breach of this condition of the Agreement, including attorney's fees. 5. GENERAL: The invalidity of any provision of this Agreement shall not render the remainder of the Agreement invalid or unenforceable. Waiver by Landlord, or any breach of this Agreement, shall not constitute a waiver of subsequent breaches. Violation by Tenant of any applicable ordinance or statute shall be deemed sufficient cause for termination of tenancy. No oral agreements have been entered into. This Agreement shall not be modified unless reduced to writing. 6. LEASE DOCUMENTS: Addendum 1, Addendum 2, and Addendum #3 Procedure for Early Termination of Rental Agreement are made a part of the Contract for the Rental Property. 7. Tenant understands that the Owner or Owner's agent has the legal right to enter the premises after giving twenty-four hour notice, or sooner with the tenant's permission or in an emergency. Tenant(s) Initials: 8. Tenant agrees that all moneys paid to Owner shall be credited to tenants account in the following order; first, to any outstanding tenant charges (i.e.. returned check fees, repair bills, utility bills, attorney fees, etc.); second, to late fees; third, to security deposit, and last to rent. 9. Tenant's Move Out notice must be in writing, and is effective thirty days after receipt by Owner subject to section 27 of the rental agreement. It is understood by all individuals named as tenants in this rental agreement that they are jointly and severally responsible for all aspects of the rental agreement, including rent, and will remain responsible until all individuals have vacated the premises and keys are returned to Owner. No portion of the deposit will be returned until all tenants have vacated the property and keys returned. 10. Tenant understands and agrees that the security deposit will not be applied toward any portion of the tenants’ final month's rent. Tenant is responsible for paying rent to the day of departure and agrees to leave the premise in a clean and rentable condition. A move out inspection will be completed after tenant has completely vacated the unit and returned the keys. Tenant agrees to pay for all damages incurred during their tenancy, and to pay for the Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 16 of 20 RESIDENTIAL TENANCY AGREEMENT cost incurred in preparing and cleaning the unit for a new tenant. Normal wear and tear is not to be interpreted as permission to not clean a unit at termination of tenancy. Tenant agrees to pay all costs for interior painting and touch up painting should the tenant decide to move out during the course of the lease period. 11. Tenant hereby gives permission to Owner to release information relating to their tenancy by telephone to any party that requests such information. 12. Tenant agrees to pay a charge of $50.00 should it be necessary to serve a "3 day Notice to Pay Rent or Quit" or a “Notice to perform Covenant" (as required by tenant's rental agreement). TENANT (S) HEREBY ACKNOWLEDGE (S) READING AND RECEIVING A COPY HEREOF: _________________________________________ Tenant Name ______ Ray Scarabosio, Authorized Agent _______________ Date ________________ Date Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 17 of 20 RESIDENTIAL TENANCY AGREEMENT ADDENDUM 2 MAINTENANCE ADDENDUM TO RENTAL AGREEMENT Responsibility for day-to-day maintenance will be borne by the responsible party according to the following schedule: 1. OWNER'S RESPONSIBILITY Maintain building systems in a satisfactory condition such as the roof, supply plumbing, the drains outside of the unit's walls (unless damage or stoppage is caused by the resident). 1. RESIDENT'S RESPONSIBILITY Repair window and glass damage unless caused by a broken, worn sash cord, or by act of God, such as an earthquake. 2. Drain stoppage in pipes from the plumbing fixture to the outside wall unless defective plumbing parts or improper installation causes the problem. 3. Cleaning of mildew or mold from walls and ceilings unless caused by external water leaks. 4. Repair of wall damage or other damage caused by abuse or misuse of the premises. 5. Repair or replacement of locks and/or keys. At all times resident shall see that the owner/manager is provided with all the keys to premises. 6. Resident is to use stove, refrigerator, and all appliances only for the purpose they were designed for, and is responsible to maintain all appliances in normal working order during the term of the tenancy, excepting normal wear and tear. 7. Tenant agrees to inform Owner or Owner's Agent immediately of the need for any repair. If tenant neglects to do this, tenant agrees to pay for the repairs and any extra damage resulting from the delayed reporting of a problem. If a repair or service call is the result of tenant negligence or abuse, tenant agrees to pay all costs incurred. Tenant is responsible to make sure that others do not cause damage to the property. TENANT (S) HEREBY ACKNOWLEDGE (S) READING AND RECEIVING A COPY HEREOF: _________________________________________ Tenant Name ______ Ray Scarabosio, Authorized Agent _______________ Date ________________ Date Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 18 of 20 RESIDENTIAL TENANCY AGREEMENT Addendum #3 POLICY AND PROCEDURE FOR EARLY TERMINATION OF RENTAL AGREEMENT 1. Written notice is required at least 30 days in advance of the expected move-out date subject to Section 26 of Rental Agreement. 2. Tenant remains rent responsible for the rented property until an acceptable tenant is qualified for the unit and a new lease is executed. 3. Owner places advertisements for the property at the tenant’s expense. 4. Tenant is responsible for a pro-rated rental fee. This amount can be obtained from the Landlord. 5. Tenant may be asked to pay in advance for advertisements and pro-rated rental fee. TENANT (S) HEREBY ACKNOWLEDGE (S) READING AND RECEIVING A COPY HEREOF: _________________________________________ Tenant Name ______ Ray Scarabosio, Authorized Agent _______________ Date ________________ Date Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 19 of 20 RESIDENTIAL TENANCY AGREEMENT ADDENDUM #4 Parking Agreement THIS AGREEMENT made and executed this Click here to enter text. by and between Jackson Group Property Management, Agent for the Owner, OWNER, and, Click here to enter text., TENANT. Owner has agreed to and does hereby lease to Tenant parking space at the premises known as: Click here to enter text.on a monthly basis for the rent of Click here to enter text.beginningClick here to enter text.. It is further agreed that rent is due in advance on the first day of each month. Rent becomes delinquent after the fifth day and is subject to a 5 percent (5%) Late Charge, unless otherwise specified is Residential Tenancy Agreement. Owner acknowledges receipt of Click here to enter text.which constitutes a deposit for the keys and/or garage door openers for the premises. Said deposit shall be returned within 21 days of termination of this agreement, provided that the keys and/or opener have been returned to Owner in satisfactory condition. If any key or opener is lost during the term of this lease Tenant agrees to pay for replacement of same, as well as any costs involved in changing locks or access codes as deemed necessary by Owner to insure the security of the other tenants and the building. Owner and Tenant hereby agree that should this Parking Agreement be entered into upon a residential premises, or in conjunction with a Residential Rental Agreement, this agreement is a completely separate contract and not subject to the laws, rules and regulations of the San Francisco Residential Rent Stabilization and Arbitration Ordinance. Tenant agrees that the Owner shall not be responsible for any loss, theft or damage to any articles left in the vehicle, nor shall the Owner be responsible for any loss or damage to the vehicle or any part thereof while in, or being driven to or from, said premises howsoever caused. Tenants are advised to carry sufficient insurance on their personal property and vehicles to avoid loss due to fire, theft, personal injury, accident or other casualty. Tenant agrees that all vehicles in said premises shall be driven and handled at the risk of the automobile owner, and any person driving said vehicle shall be, and is hereby agreed to be, the servant and/or employee of the vehicle owner. Tenant understands that if said agreement is canceled Tenant agrees to remove said vehicle from the premises promptly upon demand. Should Tenant fail to remove said vehicle the Owner is hereby authorized to remove same without assumption of liability whatsoever. Tenant shall park in the designated space ONLY and shall not permit guests to use the parking area. Tenant agrees to use the parking space exclusively for the parking of motor vehicles, excluding trailers of any kind, boats, campers, buses, or trucks larger than a one-ton pickup. Absolutely NO mechanical work and NO storage of any kind will be permitted in or around the parking areas. This agreement may be terminated by either party by giving written 30 day notice to the other. TENANT(S) HEREBY ACKNOWLEDGE(S) READING AND RECEIVING A COPY HEREOF Make/Model of vehicle: Click here to enter text. License Plate #: Click here to enter text. Make/Model of vehicle: Click here to enter text. License Plate #: Click here to enter text. LANDLORD OR LANDLORD’S AGENT Year: Click here to enter text. Color: Click here to enter text. Year: Click here to enter text. Color: Click here to enter text. TENANT SIGNATURES DATE DATE Copyright © PPMA -2008 RESIDENTIAL TENANCY AGREEMENT This document may not be reproduced without the express, written permission of the Professional Property Management Association of San Francisco. 2008 Version ORIGINAL COPY: Owner COPY #1: Tenant COPY #2: File Page 20 of 20 PROPERTY MANAGEMENT TAKEOVER CHECKLIST General Information Property Address Name Mailing Address Business Phone Home Phone Fax Email Name Mailing Address Business Phone Home Phone Fax Email To whom will the proceed check be made payable to: Proceed checks shall be delivered via: (Please provide signed ACH agreement or description for other method requested.) Check ACH Other Social Security or Tax Identification name/number for Property 1099 information: Jackson Group Property Management | Jackson Group Property Management Phone (415) 379-9035 Fax (415) 668-6063 | www.jacksongroup.net Owner’s Attorney Name Mailing Address Business Phone Home Phone Fax Email Owner’s Accountant Name Mailing Address Business Phone Home Phone Fax Email Owner’s Insurance Name Mailing Address Business Phone Home Phone Fax Email Jackson Group Property Management | Jackson Group Property Management Phone (415) 379-9035 Fax (415) 668-6063 | www.jacksongroup.net Property Data Please provide description and locations Number of Units Parking Detail Laundry Room Water Heaters Heating System Contract Services or Monthly Charges Pest Control Janitorial Landscaping Additional Workers Compensation Insurance Agent/Company Mailing Address Business Phone Policy Number Fax Email Jackson Group Property Management | Jackson Group Property Management Phone (415) 379-9035 Fax (415) 668-6063 | www.jacksongroup.net Property Insurance Information Your insurance policy should reflect a Renters Policy. Also, please have Jackson Group Property Management listed as an additional insured. Please submit a letter to your insurance company with a forward to Jackson Group. Agent/Company Mailing Address Business Phone Policy Number Fax Email Payment Information Who will be responsible for the following payments? (Please circle one) Property Taxes Owner Management Company Insurance Owner Management Company Mortgage Owner Management Company Utilities Owner Management Company Should there be any notes or special instructions not listed above, please attach a letter or list for our records. If you should have any questions concerning any of the above items, please feel free to contact us at the below-mentioned information. Jackson Group Property Management | Jackson Group Property Management Phone (415) 379-9035 Fax (415) 668-6063 | www.jacksongroup.net