LEASE AGREEMENT

21053 Devonshire St., Ste. 202
Chatsworth, CA 91311
(818) 998-0546
Fax: (818) 998-0595
E-mail: [email protected]
www.Hammondmanagement.com
This agreement made this
day of
20
LEASE
AGREEMENT
, by and between
herein called Owner and:
herein called Resident.
Owner hereby agrees to rent to Resident the real property located in the city of
the state of California, described as follows:
county of
1. Confirmation of Agency
The following agency relationship is hereby confirmed for this transaction:
Hammond & Hammond, Inc., herein called Manager, is the Exclusive Agent of Owner and is fully authorized to act for and
on behalf of Owner for the purpose of receiving and receipting funds, servicing notices, and all other lawful acts which
Owner may direct Manager to carry out, but Manager shall not be deemed a party to this lease agreement.
2. Term
The term of this lease begins on the
day of
20
and shall terminate on the
day of
20
provided either party has given a written 30 day notice of termination to the other party prior to said
termination date, otherwise this agreement will automatically become a month-to-month tenancy which either party may
terminate by giving the other party a written 30-day (or time required by law) notice prior to the intended termination date.
3. Rent
Resident agrees to pay to Manager as base rent the sum of $
per month due and payable monthly, in advance
on or before the first (1st) day of each month during the term of this agreement with a total rent of $
.
If rent is not received by 11:59 P.M. on the first (1st) day of the month then it will be considered by all parties to be late. Rent
will be due until the keys and possession of the property are returned to the Manager. If commencement date falls on any day
other than the day rent is payable under this paragraph, and Resident has paid one full month’s rent in advance of
commencement date, rent for the second calendar month shall be prorated based on a 30-day period.
4. Payment of Rent
The initial payment of rent and security deposit under the terms of this rental agreement must be made by cashier’s check or
money order due at lease signing. Thereafter, monthly payments may be paid by personal check or online through Tenant
Portal (see paragraph 31). Any returned or dishonored checks must be made good within 3 days of notification by Manager
and payment must be made by cashier’s check or money order. If for any reason a second check is returned or dishonored,
for the next 3 months, rent payments must be made by cashier’s check, or money order only. In the event the lease is in
default, after the 15th of the month for any reason, including but not limited to the above mentioned causes, then payment by
personal check will not be accepted. Time is of the essence and no excuses will be accepted. Rent shall be made payable to:
Hammond & Hammond, Inc. Client Trust Account
5. Late Charge/NSF Checks/Late or Pay or Quit Notices
Resident hereby acknowledges that either late payments of rent or issuance of a non-sufficient funds (“NSF’) check will
cause Manager to incur costs and expenses the exact amount of which are extremely difficult and impractical to determine.
These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed
on Owner. If any installment of rent due from Resident is not received by Manager, prior to 11:59 P.M. on the first (1st) day
of the month, or if a check is returned, regardless of cause, Resident agrees to pay as liquidated damages, respectively, an
additional sum equal to six percent (6%) of said rental amount as a Late Charge and $25.00 as a NSF fee for the first returned
check and $35.00 as a NSF fee for each additional returned check, either or both of which shall be deemed additional Rent.
Resident acknowledges and agrees to be responsible for the cost of serving any Late or Pay or Quit notice.
Manager and Resident agree that these charges represent a fair and reasonable estimate of the costs Manager may incur by
reason of Residents late or NSF payment. Any liquidated damages for late payment or NSF checks and any costs of serving
any Late or Pay or Quit notices shall be paid with the current installment of rent. Manager’s acceptance of any Late Charge,
NSF fee, or costs of Late or Pay or Quit notice shall not constitute a waiver as to any default of Resident. Manager’s right to
collect a Late Charge, NSF Fee or costs of Late or Pay or Quit notice shall not be deemed an extension of the date Rent is due
under paragraph 3 or prevent Manager from exercising any other rights and remedies under this Agreement and as provided
by law. Any unpaid balance, including late charges, will bear interest at the maximum rate allowed by law.
6. Legal Obligations
Resident hereby acknowledges a legal obligation to pay rent on time each and every month regardless of any other debts or
responsibilities. Resident agrees to be fully responsible for any back rent owed and acknowledges that defaulting on this lease
agreement could result in a judgment and/or a lien filed against current and future assets or earnings. Resident further
acknowledges and accepts that late payments or non-payments of rent may be filed with credit reporting agencies
Hammond & Hammond, Inc.
Resident (Initials)
SPECIALISTS IN MANAGING AND LEASING SINGLE FAMILY RESIDENCES
Rev 5/1/13
1
21053 Devonshire St., Ste. 202
Chatsworth, CA 91311
(818) 998-0546
Fax: (818) 998-0595
E-mail: [email protected]
www.Hammondmanagement.com
Property Address:
LEASE
AGREEMENT
Date:
7. Possession of the Property
If Owner is unable to give possession of the property on the day of the commencement of the term hereof by any reason of
the holding over of any occupant of the property or for any other reason beyond the control of Owner, Resident’s obligations
to pay rent and other charges shall not commence until possession of the property is given or is available, and Resident agrees
to accept such allowance and abatement of rent and other charges as liquidated damages in full satisfaction of the failure of
Owner to give possession of the property on said date and to the exclusion of any claims and rights which Resident might
otherwise have by reason of possession of the property not being given on said date. Any such failure to give possession on
the date of the commencement of the term shall in no event extend, or be deemed to extend the term of this lease. If Resident
shall occupy the property prior to the term of the lease with Owner’s written consent, such occupancy of Resident shall be
deemed that of a Resident under the terms and conditions of this lease except for the obligation to pay rent until the
commencement of the lease.
8. Use
Resident agrees to use the premises only as a residence for Resident and
(1) Other adults:
(2) Resident’s children:
If Resident fails to inform Manager of additional people occupying property, Resident agrees to pay $200.00 each month,
retroactive to the date commencing this rental agreement, for each additional person(s) who shall occupy the premises for
more than fifteen (15) days, without the written consent of the Owner or Manager.
9. Non-Assignment of Lease Agreement
Resident agrees not to assign this agreement, not to sublet any part of the property, not to allow any other person to live
therein other than as named in paragraph 8 above, or assign or transfer this Agreement or any interest in it, without Owner or
Manager’s prior written consent. Unless such consent is obtained, any assignment, transfer, subletting or roommate addition
of Premises or this Agreement or tenancy, by voluntary act of Resident, operation of law or otherwise, shall, at the option of
the Owner, terminate this Agreement. Any proposed assignee, transferee, sublessee or roommate addition shall submit to
Owner or Manager an application and credit information for Owner or Manager’s approval and, if approved, all Residents
must sign a new written lease agreement. Owner or Manager’s consent to any one assignment, transfer, sublease or roommate
addition, shall not be construed as consent to any subsequent assignment, transfer, sublease or roommate addition and does
not release Resident of Resident’s obligations under this Agreement.
10. Joint and Individual Obligations
If there is more than one Resident, each shall be individually and completely responsible for the performance of all
obligations of Resident under this agreement, jointly with every other Resident, and individually, whether or not in
possession.
11. Pets
There will be no pets allowed on the premises unless granted by Owner or Manager in writing by the following consent. This
consent constitutes a representation by the Resident and consent by the Owner or Manager for maintenance of a pet at said
property of the following descriptions only:
The animal is a:
Weight is not more than:
. Breed:
. Color:
. Name:
.
The Resident is fully responsible for any damage to the property of the Owner which may result from the maintenance of a
pet. Resident agrees to pay for pest infestation services during and upon termination of occupancy. After vacating premises,
resident further agrees to pay for carpet cleaning services using only a company approved by Owner or Manager, and the
Resident must contact Manager for scheduling. In the event the animal is determined to be a nuisance or behaves viciously,
Resident agrees to remove the animal from the premises.
12. Smoking
No Smoking of any substance is allowed on the Premises or common areas. If smoking does occur on the Premises or
common areas, (i) Tenant is responsible for all damages caused by the smoking including but not limited to stains, burns,
odors and removal of debris; (ii) Tenant is in breach of this Agreement; (iii) Tenant, guest, and all others may be required to
leave the Premises; and (iv) Tenant acknowledges that in order to remove odor caused by smoking, Owner may need to
replace carpet and drapes and paint the entire Premises regardless of when these items were last cleaned, replaced, or
repainted. Such actions or other necessary steps will impact the return of any security deposit. The Premises or common areas
may be subject to a local non-smoking ordinance.
Hammond & Hammond, Inc.
Resident (Initials)
SPECIALISTS IN MANAGING AND LEASING SINGLE FAMILY RESIDENCES
2
21053 Devonshire St., Ste. 202
Chatsworth, CA 91311
(818) 998-0546
Fax: (818) 998-0595
E-mail: [email protected]
www.Hammondmanagement.com
Property Address:
LEASE
AGREEMENT
Date:
13. Security Deposit
Resident hereby agrees to pay a security deposit of $
to be refunded as per California law. This deposit
may be held by the Owner or may be held in Owner’s Broker’s Trust Account. If Broker or Manager’s authority is terminated
before the expiration of this agreement or tenancy, Broker or Manager shall notify Resident, in writing, where and to whom
the security deposit has been released to.
No interest will be paid on this money at any time, unless required by law. IN NO CASE MAY RESIDENT APPLY THE
SECURITY DEPOSIT TOWARDS UNPAID RENT. If all or any portion of the security deposit is used during tenancy,
Resident agrees to reinstate the total security deposit within five days after written notice is delivered to Resident.
SECURITY DEPOSIT SHALL NOT BE USED BY RESIDENT IN LIEU OF PAYMENT OF LAST MONTH’S
RENT.
After Resident vacates the property an inspection will occur, and damages and/or needed repairs will be assessed. The
security deposit less any necessary charges for repairs, replacements, cleaning, etc., other than those caused by ordinary wear
and tear, any unpaid Rent (which includes Late Charges, NSF Fees) or other amounts owed, in that order, will then be
returned with a written itemization of deductions within the time required by law after the property has been vacated.
Security deposit will not be returned until all Residents have vacated the Premises and all keys returned. Any security
deposit returned by check shall be made out to all Residents named on this Agreement, or as subsequently modified.
The return of the security deposit is the sole responsibility (financially and legally) of the owner. Broker or Manager may
facilitate the return of the security deposit, but Owner retains sole decision making with regard to any deductions. Owner and
Resident each indemnify and release any Broker or Manager from liability relating to return of the security deposit. Resident
hereby agrees not to name any Broker or Manager as defendants in any action toward the collection of any security deposit
refund.
14. Utilities
Resident is responsible for payment of all gas, electric, water and sewer charges, trash service, telephone, and/or other utility
bills incurred during Residents occupancy, except
which shall be paid by HOA or
Owner. Resident shall place utilities in Resident’s name as of the Lease Commencement Date. If any utilities are not
separately metered, Resident shall pay Resident’s proportional share, as reasonably determined and directed by Owner.
Owner is only responsible for installing and maintaining one usable telephone jack and one telephone line to the premises.
Resident shall pay any cost for conversion from existing utilities service provider. Resident specifically authorizes Manager
to deduct necessary funds for Resident’s unpaid bills from Resident’s deposit in the event they remain unpaid.
In the event, the HOA listed in Paragraph 27 or the Owner decides to change the master metered water, electric and/or gas
into individual meters or if the HOA or Owner discontinues providing trash service, cable service, or any other service
directly for the use by the property residents, Resident will be responsible for the cost of these utilities or services unless such
service is not required whereas the Resident may elect to forgo that specific service. Resident acknowledges Owner and
Manager are not responsible if the Homeowners’ Association (HOA) or other governing agency elects to change provided
utilities and/or services and agrees to hold them harmless.
15. Keys/Locks
A. Resident acknowledges receipt of (or Resident will receive
prior to the Commence date, or
):
key(s) to Premises
Remote control device(s) for garage door or gate opener(s)
key(s) to mailbox
key(s) to common areas
B. Resident acknowledges that locks to the Premises
have,
have not been rekeyed.
C. No additional locks will be installed without written permission of Manager.
D. If Resident re-keys existing locks or opening devices, Resident shall immediately deliver copies of all keys to Manager.
Resident shall pay all cost and charges related to loss of any keys or opening device. Resident may not remove locks
even if installed by Resident.
16. Access to Premises and Displaying of Signs
Manager or any other authorized Owner’s agents, workman or contractors, reserve the right to enter the property at
reasonable times to inspect, make necessary repairs, supply services, or to show the property to prospective residents or
purchasers. Owner and Resident agree that, except for emergencies, whenever possible a 24-hour notice (either oral or
written) shall be reasonable and sufficient notice to enter the property. Any Owner’s agent may also display a “For Rent”,
“For Sale” or “24 Hour Emergency Service” sign on the property.
Hammond & Hammond, Inc.
Resident (Initials)
SPECIALISTS IN MANAGING AND LEASING SINGLE FAMILY RESIDENCES
3
21053 Devonshire St., Ste. 202
Chatsworth, CA 91311
(818) 998-0546
Fax: (818) 998-0595
E-mail: [email protected]
www.Hammondmanagement.com
Property Address:
LEASE
AGREEMENT
Date:
17. Storage
Resident shall store only personal property Resident owns, and shall not store property claimed by another or in which
another has any right, title, or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable
materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances.
18. Parking; Vehicle Policy
Parking space(s) are to be used for parking properly licensed and operable motor vehicles, except (unless permitted by Owner
or Manager in writing and/or City Codes) for trailers, boats, camper, buses or trucks (other than pick-up trucks). Resident
shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle
fluids shall not be parked on the Premises. Mechanical work or storage of inoperable vehicles is not permitted in parking
space(s) or elsewhere on the Premises. Removal will be at the Resident’s expense
19. Condition of Premises
Resident hereby acknowledges that the premises are in an acceptable condition. Resident will provide Manager a list of items
that are damaged or not in operable condition within five (5) days after Commencement Date, not as a contingency of this
Agreement but rather as an acknowledgment of the condition of the Premises. Failure to file any written notice of defects will
be legally binding proof that the property is in proper condition at the time of occupancy. Resident acknowledges receipt of
the Combined Hazards Book. Resident agrees, Owner, Manager, their agents and representatives will be held harmless and
free from liability.
Lead Based Paint (if checked): Premises were constructed prior to 1978. In accordance with federal law,
Owner gives and Resident acknowledges receipt of the disclosure on the attached form (CAR Form FLD)
and a federally approved lead pamphlet.
20. Repair Policy/Alterations
Repairs and maintenance must be reported to Manager either by phone or in writing. Unless otherwise specified in paragraph
33.C., without Manager’s prior written consent, (a) Resident shall not make or contract to make any repairs, alterations or
improvements in or about the Premises including: painting, wallpapering, adding or changing locks, installing antenna or
satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials; (b)
Manager or Owner shall not be responsible for the costs of alterations or repairs made by Resident or any person contracted
by Resident; (c) Resident shall not deduct from Rent the costs of any repairs, alterations or improvements, except as provided
in Civil Code Section 1942; and (d) any deduction made by Resident shall be considered unpaid Rent.
21. Maintenance
Resident shall properly use, operate, and safeguard premises, including if applicable, any landscaping, furniture, furnishings,
and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and
well ventilated. Resident acknowledges that Resident is responsible for seeing to the maintenance of the lawn, landscaping
and pool (if applicable) and will be held liable for any damage caused by neglect, abuse, or lack of water, regardless of
whether the Owner provides a gardening or pool service or not. In the event the Resident requests to provide gardening or
pool service and the lawn, landscaping or pool is not being maintained to the Manager’s satisfaction, a gardener or pool
service will be hired at the Resident’s expense. Resident shall be responsible for checking and maintaining any additional
phone lines beyond the one line and jack that Owner shall provide and maintain. Resident shall immediately notify Manager,
in writing, of any problem, malfunction or damage. Resident shall be charged for all repairs or replacements caused by
Resident, pets, guests or licensees of Resident, excluding ordinary wear and tear. Resident shall be charged for all damage to
premises as a result of failure to report a problem in a timely manner. Resident shall be charged for the replacement of any
broken windows, unless it can be determined that the broken window is not caused by Resident’s neglect. Resident shall be
charged for the repair of drain blockages or stoppages, unless it can be determined that the clog is not caused by Residents
neglect. Resident shall be charged for any missed scheduled appointments.
Owner
Resident shall provide gardening service.
Owner
Resident shall provide pool service.
22. Permits
Broker makes no representation that any or all additions or modifications to Property have been made with permits and have
certificates of occupancy (C of O’s). Broker makes no representation that the Property is or is not built to code. Should
Property have additions and/or modifications built without permits and/or C of O’s, they may not have been done to code or
may not be permitted for current usage. If discovered by a governmental agency, Resident understands said agency may
require improvements to be brought up to code or to be removed. Resident is strongly advised to investigate these matters.
Hammond & Hammond, Inc.
Resident (Initials)
SPECIALISTS IN MANAGING AND LEASING SINGLE FAMILY RESIDENCES
4
21053 Devonshire St., Ste. 202
Chatsworth, CA 91311
(818) 998-0546
Fax: (818) 998-0595
E-mail: [email protected]
www.Hammondmanagement.com
Property Address:
LEASE
AGREEMENT
Date:
23. Smoke Detectors / Carbon Monoxide (CO) Detectors
The property is equipped with smoke detection devices and carbon monoxide detection devises. Each Resident shall perform
the manufacturer’s recommended test to determine if the smoke detectors and carbon monoxide detectors are operating
properly at least once a week and replace batteries if required. Residents must inform the Owner or Manager immediately in
writing of any defect, malfunction or failure of any smoke detector or carbon monoxide detector.
24. Pool Safety
Resident is aware of the inherent dangers involved with swimming pools and spas and agrees to occupy the premises and use
the pool and/or spa (if applicable) at their own risk. In the event a “Pool Guard” door alarm or other such device is installed,
resident agrees to comply with the same maintenance procedure mentioned in paragraph 23 Smoke/CO Detector.
25. Non-liability
Resident hereby agrees that any work or repairs that need to be done will be handled by competent professionals hired by the
Manager. If Resident does any work himself /herself, Resident will be legally responsible for any mishap or damage Resident
does either to himself /herself or to the property. Owner, Manager, their agents and representatives will be held harmless and
free from liability or responsibility for any mishap or damage Resident does either to himself /herself or to the property.
The Owner and Manager have the right under Section 1951.2(e) of the California Civil Code to indemnification for liability
arising prior to the termination of the lease for personal injuries or property damage where the lease provides for such
indemnification. Therefore Resident does hereby indemnify and hold harmless the Owner and Manager for any personal
injuries or property damage arising prior to the termination of this lease. This indemnification is to survive this agreement
termination.
26. Rules/Regulations
Resident agrees to comply with all Manager rules and regulations that are at any time posted on the Premises or delivered to
Resident. Resident shall not, and shall ensure that guests and licensees of Resident shall not, disturb, annoy, endanger or
interfere with other Residents or neighbors, or use the Premises for any unlawful purposes, including, but not limited to,
using, manufacturing, selling, storing, or transporting illicit drugs or contraband, or violate any law or ordinance, or commit a
waste or nuisance on or about the Premises.
27.
(if checked) Condominium/Planned Unit Development
The premises is a unit in a condominium, planned unit, or other development governed by a Homeowners’ Association
(“HOA”). The name of the HOA is
. Resident agrees to comply with all
covenants, conditions and restrictions, by-laws, rules and regulations and decisions of owners’ association. Manager shall
provide Resident copies of rules and regulations, if any. Resident shall reimburse Owner or Manager for any fines or charges
imposed by owners’ association or other authorities, due to any violation by Resident, or the guests or licensees of Resident.
Resident acknowledges Owner and Manager are not responsible if the Homeowners’ Association or other governing agency
takes possession of part of the property, (i.e. parking space, etc.) and agrees to hold them harmless.
28. Neighborhood Conditions
Resident is advised to satisfy him or herself as to neighborhood or area conditions, including schools, proximity and
adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other government
services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or other
technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed
transportation, construction and development which may affect noise, view, or traffic, airport noise, noise or odor from any
source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of
common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs,
requirements and preferences of Resident.
29. Pest Control Policy
Resident is responsible for any minor pest control service (ant and flea infestation), and for informing manager of termites or
other major pest infestation. Resident agrees, upon demand of Manager, to temporarily vacate premises for a reasonable
period, to allow for fumigation, or other methods, to control wood destroying pests or organisms, or other repairs to premises.
Resident agrees to comply with all instructions and requirements necessary to prepare premises to accommodate pest control,
fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables.
Hammond & Hammond, Inc.
Resident (Initials)
SPECIALISTS IN MANAGING AND LEASING SINGLE FAMILY RESIDENCES
5
21053 Devonshire St., Ste. 202
Chatsworth, CA 91311
(818) 998-0546
Fax: (818) 998-0595
E-mail: [email protected]
www.Hammondmanagement.com
Property Address:
LEASE
AGREEMENT
Date:
30. Waterbeds
Resident shall be liable to Owner for all damages and expenses incurred by or in connection with the liquid furniture and/or
any liquid filled containers, and shall hold Owner and Manager harmless for any and all damages and costs in connection
therewith. Resident agrees, prior to installation of the liquid furniture, and/or any liquid filled container, to furnish to
Manager a valid waterbed insurance policy or certificate of insurance for property damage having a minimum policy’ limit of
$100,000.
31. Online Tenant Portal; Outstanding Charges
Resident agrees to provide a valid email address so an online Tenant Portal can be created through Manager’s management
software, Appfolio. Resident will be sent an email with activation instructions. Once activated, Residents will be able to pay
rent online, view outstanding charges and submit maintenance requests. Resident acknowledges that Manager will not be
supplying mailed monthly statements and that it is the responsibility of the Resident to view his/her account online.
32. Megan’s Law
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. (Neither Owner nor Manager or Brokers, if any, are required to check this
website. If Resident wants further information, Resident should obtain information directly from this website.)
33. Resident Obligations upon Vacating Premises
A. Upon termination of this lease agreement, Resident shall: (i) give Owner or Manager all copies of all keys or opening
devices to premises, including any common areas; (ii) vacate premises and surrender it to Owner or Manager empty of
all persons; (iii) vacate any/all parking and/or storage space; (iv) clean premises, including professional cleaning of
carpet and drapes, and deliver Premises, as specified in paragraph C below, to Owner or Manager in the same condition
as referenced in paragraph 19; (v) remove all debris; (vi) give written notice to Owner or Manager of Resident’s
forwarding address; and (vii) pay for any repair charges and outstanding obligations including delinquent rent or late
fees.
B. All alterations/improvements made or caused to be made by Resident, with or without Manager’s or Owner’s consent,
become the property of Owner upon termination. Resident may be charged for restoration of the Premises to the
condition it was in prior to any alterations or improvements.
C. Right to Pre-Move-Out Inspection and Repairs: (i) After giving or receiving notice of termination of tenancy or before
the end of a lease, Resident has the right to request that an inspection of the Premises take place prior to termination of
the lease or rental. If Resident requests such an inspection, Resident shall be given an opportunity to remedy identified
deficiencies prior to termination, consistent with the terms of this Agreement. (ii) Any repairs or alterations made to the
Premises as a result of this inspection (collectively, “Repairs”) shall be made at Resident’s expense. Repairs may be
performed by Resident or through others, who have adequate insurance and licenses and are approved by Manager. The
work shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs
shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing
materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be
possible. (iii) Resident shall (a) obtain receipts for Repairs performed by others; (b) prepare a written statement
indicating the Repairs performed by Resident and the date of such Repairs; and (c) provide copies of receipts and
statements to Manager prior to termination. Paragraph 33C. does not apply when the tenancy is terminated pursuant to
California Code of Civil Procedure § 1161(2), (3) or (4).
34. Breach of Contract; Early Termination of Lease
In addition to any obligations established by paragraph 33, in the event early termination of lease occurs by default of
Resident, Resident will be responsible for the rent for the duration of the lease term or until a new resident moves in.
Resident shall be also responsible for all costs incurred by the Owner to release the property, including rental fees or
commissions, advertising expenses, painting and repair costs necessary to ready the premises for re-rental. Owner may
withhold any such amounts from Resident’s security deposit.
35. Waiver
The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
Hammond & Hammond, Inc.
Resident (Initials)
SPECIALISTS IN MANAGING AND LEASING SINGLE FAMILY RESIDENCES
6
21053 Devonshire St., Ste. 202
Chatsworth, CA 91311
(818) 998-0546
Fax: (818) 998-0595
E-mail: [email protected]
www.Hammondmanagement.com
Property Address:
LEASE
AGREEMENT
Date:
36. Damage to Premises
If, by no fault of Resident, premises are totally or partially damaged or destroyed by fire, earthquake, accident, casualty, or
other occurrence, which render premises totally or partially uninhabitable, either Owner or Resident may terminate this
agreement by giving the other written notice. Rent shall be abated as of the date Premises become totally or partially
uninhabitable. The abated amount shall be the current monthly rent prorated on a 30-day period. If agreement is not
terminated, Owner shall promptly repair the damage and the only compensation due Resident shall be Rent reduced based on
the extent to which the damage interferes with Resident’s reasonable use of premises. If damage occurs as a result of an act
of Resident or Resident’s guests, only Owner shall have the right of termination, and no reduction in Rent shall be made.
37. Temporary Relocation
If for any reason, other than stated in paragraph 31 (Damage to Premises) above, Resident is required to temporarily vacate
the premises, Resident will be solely and totally compensated by a credit of rent equal to the daily rent for the period of time
Resident is required to vacate the premises, (or a proration of rent for a required surrender of any portion of the residence).
Resident shall not be eligible for any other compensation by the Owner.
38. Representations
A. Resident Representations; Obligations Regarding Occupants; Credit: Resident warrants that all statements given in the
rental application and this Lease Agreement are true and accurate. Owner requires all occupants 18 years or older and
all emancipated minors to complete a lease rental application. Resident acknowledges this requirement and agrees to
notify Owner or Manager when any occupant of the Premises reaches the age of 18 or becomes an emancipated minor.
Resident authorizes Owner and Manager to obtain Resident’s credit report at the time of application and during and
after tenancy in connection with approval, modification, or enforcement of this Agreement. Owner may cancel this
Agreement: (i) before occupancy begins; upon disapproval of the credit report; or (ii) at any time, upon discovering
that information in Resident’s application is false. A negative credit report reflecting on Resident’s record may be
submitted to a credit-reporting agency if Resident fails to fulfill the terms of payment and/or other obligations under
this agreement.
B. Landlord Representations: Landlord warrants, that unless otherwise specified in writing, Landlord is unaware of (i) any
recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the
Premises; and (iii) any bankruptcy proceeding affecting the Premises.
39. Attorney’s Fees
If court action is sought by either party to enforce a provision of this rental agreement, reasonable attorney’s fees, not to
exceed $1500, shall be awarded to the prevailing party in the court action. In addition, any cost and expense incurred in the
preparation and services of any legal notices and consultations in connection therewith, whether or not a legal action is
subsequently commenced shall also be awarded.
40. Mediation of Disputes
A. Consistent with paragraphs B and C below, Owner and Resident agree to mediate any dispute or claim arising between
them out of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall
be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party
commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a
request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be
available to that party in any such action
B. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) the filing or enforcement of
mechanic’s lien; and (iii) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of
a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or
other provisional remedies, shall not constitute a waiver of the mediation provision.
C. Owner and Resident agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager
(“Broker”) provided Broker shall have agreed to such mediation prior to, or within reasonable time after, the dispute or
claim is presented to such Broker. Any election by Broker to participate in mediation shall not result in Broker being
deemed a party to this Agreement.
41. Personal Property
The following personal property is included:
The following personal property is included without warranty and the Owner will not maintain, repair or replace them:
Hammond & Hammond, Inc.
Resident (Initials)
SPECIALISTS IN MANAGING AND LEASING SINGLE FAMILY RESIDENCES
7
21053 Devonshire St., Ste. 202
Chatsworth, CA 91311
(818) 998-0546
Fax: (818) 998-0595
E-mail: [email protected]
www.Hammondmanagement.com
Property Address:
LEASE
AGREEMENT
Date:
42. Additional Lease Terms; Addendums; Supplements
Lease/Rental Mold and Ventilation Addendum
Lead Based Paint Disclosure
Supplemental Statutory & Contractual Disclosure
Combined Hazards Book Acknowledgement
Agency Disclosure
43. Severability
If any provision of this Agreement or the application thereof to any person or circumstances is held invalid or unenforceable,
the remainder of this Agreement and the application of such provision to other persons or circumstances will not be affected
thereby and the provisions of this Agreement shall be severable in any instance.
44. Time of Essence; Entire Contract; Changes
Time is of the essence. All prior discussions, negotiations, and agreements between the parties concerning the subject matter
of this Agreement are superseded by this Agreement, which constitutes the entire contract and a complete and exclusive
expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral
agreement. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in
writing. This Agreement and any supplement, addendum, or modification, including any photocopy or facsimile, may be
executed in counterparts. This contract should not be construed against the drafting party and each party expressly
acknowledges that they participate equally in the drafting of this contract.
Owner and Resident acknowledge and agree Manager or Brokers: (a) do not guarantee the condition of the Premises;
(b) cannot verify representations made by others; (c) cannot provide legal or tax advice; (d) will not provide other
advice or information that exceeds the knowledge, education or experience required to obtain a real estate license.
Furthermore, if Manager or Brokers are not also acting as Owner in this Agreement, Manager or Brokers: (e) do not
decide what rental rate a Resident should pay or Owner should accept; and (f) do not decide upon the length or other
terms of tenancy. Owner and Resident agree that they will seek legal, tax, insurance and other desired assistance from
appropriate professionals.
Resident(s) agree(s) to rent the Premises on the above terms and conditions.
The term of this lease begins on the
day of
20
and shall terminate on the
day of
20
provided either party has given a written 30 day notice of termination to the other
party prior to said termination date, otherwise this agreement will automatically become a month-to-month tenancy
which either party may terminate by giving the other party a written 30-day (or time required by law) notice prior to
the intended termination date.
Resident
Date
Resident
Date
Resident
Date
Resident
Date
Hammond & Hammond, Inc.
Owner
SPECIALISTS IN MANAGING AND LEASING SINGLE FAMILY RESIDENCES
8