Parking: *. Nature of Occupancy
The personal residence described above shall be used and occupied only by the persons whose names and ages are set forth below:
Name#1: DOB: Name#2: DOB: Name#3: DOB: GUESTS: Tenant’s guests may not stay at the subject apartment for longer than a total of 10 days in any 12 month period unless they get prior consent from the Owner/Owner’s Agent. Guests are expected to conduct themselves in the same manner as required of building Tenants. The owner and his agent of this building reserve the right to ask any guest who violates these guest guidelines to leave the premises. Violations of guest rules could result in appropriate action against the tenancy of the Tenant who is responsible for the guest being on the premises.
3. Term of Lease
This Lease shall begin on the day of, 20, and extend until its expiration on the day of, 20, unless renewed or extended pursuant to the terms herein. 4. Security Deposit
Upon execution of this Lease, Tenant shall deposit the sum of $ to be held by Landlord as a security deposit for reasonable cleaning of, and repair of damages to, the premises upon the expiration or termination of this Lease, or other reasonable damages resulting from a default by Tenant, including non-payment of rent. Tenant shall be liable to Landlord for all damages to the leased premises upon the termination of this Lease, ordinary wear and tear excepted. Tenant may not apply the security deposit to any rent due under this Lease. If Landlord sells or assigns the leased premises, Landlord shall have the right to transfer Tenant's security deposit to the new owner or assignee to hold under this Lease and upon so doing Landlord shall be released from all liability to Tenant for return of said security deposit. In compliance with California Code § 1950.5
Within 3 weeks after the tenant has vacated the premises, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant. Landlord/Agent's Initials: Tenants' Initials: Lease Rental Agreement
This Residential Lease Agreement (hereinafter "Lease") is entered into this the day of, 20, by
and between the Lessor:, (hereinafter referred to as "Landlord/Owner/Owner’s Agent"), and the Lessee(s): . All Lessees (hereinafter referred to collectively as "Tenant"), are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby covenant, contract and agree as follows:
1. Grant of Lease
Landlord agrees to lease to Tenant, and Tenant agrees to rent from Landlord, solely for use as a personal residence, excluding all other uses, the personal residence located in Alameda County, California, with address of: Name#4: Monique Robinson DOB: 4/15/1983
Name#5: Imani Wangui DOB: 11/23/2014
Name#6: Zuri Wangui DOB: 11/2/2016
The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. Tenant agrees that if such address is not produced within 14 days from the date of termination of the Lease, that Tenant forfeits the security deposit.
5. Rent Payments
Tenant agrees to pay rent to the Landlord during the term of this Lease in equal monthly installments of $, said installment for each month being due and payable on or before the 1st day of the month, the first full rent payment under this Lease being due on the 1st day of, 20 . Tenant agrees that if rent is not paid in full on or before the day of the month, Tenant will pay a late charge of $ as allowed by applicable California law.
The prorated rent from the beginning of this Lease to the first day of the following month is $, which amount shall be paid at the execution of this Lease.
Tenant agrees that rent shall be paid in lawful money of the United States by (indicate those that apply):
[ ] Cash, [ ] Personal Check, [ ] Money Order, [ ] Cashier's Check, [ ] Other Rent payments shall be made payable to: And mailed or delivered to the following address: All notices from Tenant to Landlord under this Lease and applicable California law shall be delivered to the above address. Tenant agrees that rent monies will not be considered paid until Landlord or Landlord's agent receives the rent monies, either by mail or by delivery to the above address. Tenant placing rent monies in the mail is not sufficient for rent to be considered paid, and rent will be considered unpaid until actual receipt thereof. If there are multiple Tenants signed to this Lease, all such Tenants are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Tenant shall be no bar to an action against other Tenants. 6. Consequences of Breach by Tenant
If Tenant, by any act or omission, or by the act or omission of any of Tenant's family or invitees, and/or guests, violates any of the terms or conditions of this Lease or any other documents made a part hereof by reference or attachment, Tenant shall be considered in breach of this Lease (breach by one tenant shall be considered breach by all tenants where Tenant is more than one person).
In case of such breach, Landlord may deliver a written notice to the Tenant in breach specifying the acts and omissions constituting the breach and that the Lease Agreement will terminate upon a date not less than IRXUWHHQ days after receipt of the notice if the breach is not remedied within a reasonable time not in excess of IRXUWHHQ days; and the Lease Agreement shall terminate and the Tenant shall surrender possession as provided in the notice subject to the following:
(a) If the breach is remediable by repairs, the payment of damages, or otherwise, and the Tenant adequately remedies the breach prior to the date specified in the notice, the Lease Agreement shall not terminate;
(b) In the absence of a showing of due care by the Tenant, if substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within two (2) months, the Landlord party may terminate the Lease Agreement upon WKUHH days written notice specifying the breach and the date of termination of the Lease Agreement; If the Lease Agreement is terminated, Landlord shall return all prepaid and unearned rent and any amount of the security deposit recoverable by the Tenant.
However, if the breach by the Tenant is nonpayment of rent, the Landlord shall not be required to deliver IRXUWHHQ days' written notice as provided above. In such event, the Landlord may serve Tenant with a WKUHH day written notice of termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the premises by the expiration of the WKUHH day notice period.
Furthermore, the Tenant may be terminated with three (3) days notice if the Tenant has committed a substantial violation of the Lease Agreement or applicable law that materially affects health and safety, and the violation is not cured prior to the expiration of the three day notice period.
Tenant expressly agrees and understands that upon Landlord's termination of this Lease, the entire remaining balance of unpaid rent for the remaining term of this Lease shall ACCELERATE, whereby the entire sum shall become immediately due, payable, and Landlord/Agent's Initials: Tenants' Initials:,I D FKHFN FRPHV EDFN IURP WKH EDQN ZLWK QRQ VXIILFLHQW IXQGV WHQDQW PXVW SD\ D UHWXUQHG FKHFN IHH LQ DGGLWLRQ WR WKH ODWH IHH LI D QHZ SD\PHQW LVQ W UHFHLYHG E\ RZQHU EHIRUH WKH ODVW GD\ UHQW FDQ EH SDLG ZLWKRXW ODWH IHH collectable. Landlord may hold the portion of Tenant's security deposit remaining after reasonable cleaning and repairs as a partial offset to satisfaction of the accelerated rent.
7. Delivery of Notices
Any giving of notice under this Lease or applicable California law shall be made by Tenant in writing and delivered to the address noted above for the payment of rent, either by hand delivery or by mail. Certified or registered mail is recommended. Delivery by mail shall not be considered complete until actual receipt by Landlord or Landlord's agent. Any notices from Landlord to Tenant shall be in writing and shall be deemed sufficiently served upon Tenant if when deposited in the mail addressed to the leased premises, or addressed to Tenant's last known post office address, or hand delivered, or placed in Tenant's mailbox. If Tenant is more than one person, then notice to one shall be sufficient as notice to all. 8. Utilities
Tenant will provide and pay for the following utilities:
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up. Landlord will provide and pay for the following utilities:
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up. Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease. 9. Notice of Intent to Surrender
Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant's intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable California law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant. If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant's intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable California law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.
10. Obligations and Duties of Landlord
Landlord shall:
(a) Comply with the requirements of applicable building and housing codes materially affecting health and safety;
(b) Maintain the dwelling unit, its plumbing, heating and/or cooling system, in substantially the same condition as at the inception of the lease, reasonable wear and tear excluded, unless the dwelling unit, its plumbing, heating and/or cooling system is damaged or impaired as a result of the deliberate or negligent actions of the Tenant or those present with Tenant's knowledge or permission. 11. Obligations and Duties of Tenant
Tenant shall:
(a) Keep that part of the premises that he/she occupies and uses as clean and as safe as the condition of the premises permits;
(b) Dispose from his/her dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner in compliance with community standards;
(c) Keep all plumbing fixtures in the dwelling unit used by the Tenant as clean as their condition permits;
(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;
(e) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;
(f) Conduct him/herself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his/her neighbors' peaceful enjoyment of their premises;
(g) Inform the Landlord of any condition of which he has actual knowledge which may cause damage to the premises;
(h) To the extent of his legal obligation, maintain the dwelling unit in substantially the same condition, reasonable wear and tear excepted, and comply with the requirements of applicable building and housing codes materially affecting health and safety;
(i) Not engage in any illegal activity upon the leased premises as documented by a law enforcement agency; Tenant agrees that any violation of these provisions shall be considered a breach of this Lease. Landlord/Agent's Initials: Tenants' Initials: 12. No Assignment
Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.
13. Tenant Insurance (HIGHLY RECOMMENDED)
Landlord shall not be liable to Tenant, Tenant's family, Tenant's invitees, or guests for damages not proximately caused by Landlord or Landlord's agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Tenant's family, Tenant's invitees, or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.
14. Condition of Leased Premises
Tenant hereby acknowledges that Tenant has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord's agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable California law. Tenant agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Tenant's family or Tenant's invitees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month's rent payment, with consequences for non-payment identical to those for non-payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the beginning of the lease, with only normal wear-and- tear excepted. Tenant shall have the right to remove from the premises Tenant's fixtures placed thereon by Tenant at Tenant’s expense, provided, however, that Tenant in effecting removal, shall restore the leased premises to as good, safe, sound, orderly and sightly condition as before the addition of Tenant's fixture. Failing this, Tenant shall be obligated to pay for repairs as stated above. 15. Alterations
Tenant shall make no alterations, decorations, additions, or improvements to the leased premises without first obtaining the express written consent of Landlord. If a construction or mechanic's lien is placed on the leased premises as a result of any work commissioned by Tenant, such shall be satisfied by Tenant within ten (10) days thereafter at Tenant's sole expense. Tenant shall be considered in breach of this Lease upon failure to satisfy said lien. 16. No Illegal Use and/or Drug Use
Tenant, Tenant's family, or Tenant's invitees and/or guests shall not engage in criminal activity, including drug-related criminal activity, on or near leased property. “Drug-related criminal activity” means the manufacture or growing, sale, distribution, use and/or possession with intent to manufacture, grow, sell, distribute, or use, of a controlled substance. Violation of the above provisions shall be a material violation of this Lease and good cause for immediate termination of tenancy. A single violation of any of the provisions above shall be deemed a serious violation and a material non- compliance with the Lease. It is understood and agreed that a single violation shall be good cause for termination of the Lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.
17. Notice of Injuries
In the event of any significant injury or damage to Tenant, Tenant's family, or Tenant's invitees and/or guests, or any personal property, suffered in the leased premises or in any common area, written notice of same shall be provided by Tenant to Landlord at the address designated for delivery of notices (identical to address for payment of rent) as soon as possible but not later than two
(2) days of said injury or damage. Failure to provide such notice shall constitute a breach of this Lease. 18. Landlord's Right to Mortgage
Tenant agrees to accept the premises subject to and subordinate to any existing or future mortgage or other lien, and Landlord reserves the right to subject premises to same. Tenant agrees to and hereby irrevocably grants Landlord power of attorney for Tenant for the sole purpose of executing and delivering in the name of the Tenant any document(s) related to the Landlord's right to subject the premises to a mortgage or other lien.
19. Delay in Repairs
Tenant agrees that if any repairs to be made by Landlord are delayed by reasons beyond Landlords control, there shall be no effect on the obligations of Tenant under this Lease.
20. Abandonment
Abandonment shall be defined as the absence of the Tenant from the leased premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid - whereupon Tenant will be considered in breach of this Lease. This definition is subordinate to, and shall not in any way impair, the rights and remedies of Landlord under this Lease or applicable California law, except that in case of abandonment, Landlord or Landlord's agents may immediately or any time thereafter enter and re-take the leased premises as provided by applicable California law, and terminate this Lease without notice to Tenant. Landlord/Agent's Initials: Tenants' Initials: 21. Notice of Absence from Premises
If Tenant is to be absent from the leased premises for seven (7) or more consecutive days, written notice of such should be served upon Landlord. If such absences are to be customary or frequent, the expected frequency and duration of absence should be summarily noted here:
Tenant expressly agrees and understands that absence from the premises, with or without notice, in no way obviates the requirement to pay rent and other monies as stated herein, or the consequences of failure to timely pay same. 22. Possession of Premises
Tenant shall not be entitled to possession of the premises designated for lease until the security deposit and first month's rent (or prorated portion thereof), is paid in full and the premises designated for lease is vacated by the prior tenant. 23. Delay of Possession
Tenant expressly agrees that if by reason of the premises being unready for occupancy, or by reason of the previous tenant or occupant of the dwelling holding over, or as a result of any other cause whatsoever, Tenant is unable to enter and occupy the premises, Landlord shall not be liable to Tenant in damages, but shall abate the rent for the period in which the Tenant is unable to occupy the premises.
24. Materiality of Application to Rent
All representations made by Tenant(s) on the Application to Rent (or like-titled document) are material to the grant of this Lease, and the Lease is granted only on condition of the truthfulness and accuracy of said representations. If a failure to disclose or lack of truthfulness is discovered on said Application, Landlord may deem Tenant to be in breach of this Lease. 25. Modification of this Lease
Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord's authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect. 26. Remedies not Exclusive
The remedies and rights contained in and conveyed by this Lease are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable California law. 27. Severability
If any provision herein, or any portion thereof, is rendered invalid by operation of law, judgment, or court order, the remaining provisions and/or portions of provisions shall remain valid and enforceable and shall be construed to so remain. 28. No Waiver
The failure of Landlord to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect. No act or omission of Landlord shall be considered a waiver of any of the terms or conditions of this Lease, nor excuse any conduct contrary to the terms and conditions of this Lease, nor be considered to create a pattern of conduct between the Landlord and Tenant upon which Tenant may rely upon if contrary to the terms and conditions of this Lease. 29. Attorney Fees
In the event that Landlord employs an attorney or collection agency to collect any rents or other charges due hereunder by Tenant or to enforce any of Tenant's covenants herein or to protect the interest of the Landlord hereunder, Tenant agrees to pay a reasonable attorney's fee and/or all expenses and costs incurred thereby, to the greatest extent allowed by applicable law. 30. Heirs and Assigns
It is agreed and understood that all covenants of this lease shall succeed to and be binding upon the respective heirs, executors, administrators, successors and, except as provided herein, assigns of the parties hereto, but nothing contained herein shall be construed so as to allow the Tenant to transfer or assign this lease in violation of any term hereof. 31. Destruction of Premises
In the event the leased premises shall be destroyed or rendered totally untenable by fire, windstorm, or any other cause beyond the control of Landlord, then this Lease shall cease and terminate as of the date of such destruction, and the rent shall then be accounted for between Landlord and Tenant up to the time of such damage or destruction of said premises is the same as being prorated as of that date. In the event the leased premises are damaged by fire, windstorm or other cause beyond the control of Landlord so as to render the same partially untenable, but repairable within a reasonable time, then this lease shall remain in force and effect and the Landlord shall, within said reasonable time, restore said premises to substantially the condition the same were in prior to said damage, and there shall be an abatement in rent in proportion to the relationship the damaged portion of the leased premises bears to the whole of said premises.
Landlord/Agent's Initials: Tenants' Initials: 32. Eminent Domain
In the event that the leased premises shall be taken by eminent domain, the rent shall be prorated to the date of taking and this Lease shall terminate on that date.
33. Landlord Entry and Lien
In addition to the rights provided by applicable California law, Landlord shall have the right to enter the leased premises at all reasonable times for the purpose of inspecting the same and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by Landlord for the preservation of the leased premised or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease. Landlord shall give reasonable notice (at least 24 hours) of intent to enter premises except in the case of an emergency. Furthermore, Landlord retains a Landlord's Lien on all personal property placed upon the premises to secure the payment of rent and any damages to the leases premises. 36. Pets
No animal, bird, or pet shall be kept on or about the premises without Landlord’s prior written consent, except . Landlord consent is subject to additional deposit or pet rent. 37. Lost or Stolen Keys or Garage Gate Transmitter In the event that a Tenant’s key(s) or garage gate transmitter(s) are lost or stolen, Tenant must notify Owner/Agent at once in order to preserve the security of the subject building provided by such key(s) or transmitter(s). Tenant is responsible for the cost of re- keying any and all locks as a result of the lost or stolen key including common area locks, building perimeter door locks, and apartment locks. The tenant shall also be responsible for the cost of distribution of new keys to all building tenants. The cost of recoding the garage gate operator and transmitter replacement shall be paid by Tenant in the event of a lost or stolen garage gate transmitter and the cost of distribution to all building tenants. 38.Smoke Detector and Carbon Monoxide Alarm Agreement Tenant agrees to not disable or remove smoke detector(s) and carbon monoxide alarms, and to advise Owner/Agent immediately in the event a smoke detector or carbon monoxide alarm is not in proper working order. 39.Governing Law
This Lease is governed by the statutory and case law of the State of California. Signatures:
Agent for the Owner TENANT #1
Sign:
Print:
Date:
Sign:
Print:
Date: DL#:
TENANT #2 TENANT #3
Sign:
Print:
Date: DL#:
Sign:
Print:
Date: DL#:
Landlord/Agent's Initials: Tenants' Initials: Disclosure of Information on Lead-Based Paint and/or 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 managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
Lessor’s Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
(ii) __X 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 (i) or (ii) below):
(i) 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).
(ii) __X Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Lessee’s Acknowledgment (initial)
(c) Lessee has received copies of all information listed above.
(d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home. Agent’s Acknowledgment (initial)
(e) Agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4852d 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 they have provided is true and accurate. Lessor Date Lessor Date
Lessee Date Lessee Date
Agent Date Agent Date
Harry Tung Lemont Brown & Monique Robinson
260 7th Street Oakland CA 94607
TENANT CONTACT INFORMATION
(one for each tenant required)
Full Name: Address: unit#: Email Address: Alternate Email: Home Phone: Work Phone: Cell Phone: Emergency Contact: Phone: Assigned Parking Space/Location: Do you have a garage door opener? YES NO Vehicle #1 Make: License Plate: Vehicle #1 Color: Vehicle #2 Make: License Plate: Vehicle #2 Color: This information will be confidential. It is used for emergency purposes only. If there are any changes, please notify the resident manager immediately.
Effective 8/1/14
CITY OF OAKLAND
P.O. BOX 70243, OAKLAND, CA 94612-2043
Department of Housing and Community Development TEL 510-***-**** Rent Adjustment Program FAX 510-***-****
TDD 510-***-****
NOTICE TO TENANTS OF THE RESIDENTIAL RENT ADJUSTMENT PROGRAM
Oakland has a Rent Adjustment Program (“RAP”) that limits rent increases (Chapter 8.22 of the Oakland Municipal Code) and covers most residential rental units built before 1983. It does not apply to subsidized units, most single family dwellings, condominiums and some other types of units. For more information on which units are covered, contact the RAP office.
You have a right to file a petition with the RAP to contest a rent increase that is greater than the annual general rent increase (“CPI increase”). An owner can increase rent more than the CPI rate, but with limits, for: capital improvements, operating expense increases, and deferred annual rent increases (“banking”). No annual rent increase may exceed 10%. The owner must provide you with a written summary of the reasons for any increase greater than the CPI rate if you request one in writing. If the owner decreases your housing services, this may be an increase in your rent. Decreased housing services include substantial problems with the