Property description Some rooms are freshly painted, partially furnished, washer and dryer. Walking distance to store, bus stops and restaurants, walking distance to the beach. You will be living in a safe neighborhood. X On a periodic tenancy basis, terminable by either party by the giving of a written notice under Paragraph 20 of this Agreement (A Periodic Tenancy). 2. RENT. Resident shall pay to the Owner the Monthly rent plus half of all utilities (including electric, water, gas, and internet), in advance on or before the 5th day of each month without deduction or offset effective ______/_____/_________ The rent for the partial month prior shall be prorated on the basis of a 30-day month and shall be paid on or before the next rental due date. The Resident understands that their base rent will not change without notice, but utilities are subject to change mouth to mouth, so the total rent including base rent and half of all utilities each month is subject to change depending on utility costs. 3. SECURITY DEPOSIT. On signing this Agreement, Resident shall pay to Owner a deposit to secure Resident's performance of the covenants contained herein. No part of this deposit is to be considered as an advance payment of rent, including last month's rent, nor is it to be used for a refund prior to the leased premises being permanently and totally vacated by all Residents. After Resident has vacated the premises, the Owner shall furnish Resident with an itemized written statement of the basis for, and the amount of, any of the security deposit retained by the Owner. Owner may withhold that portion of Resident's security deposit necessary (a) to remedy any default by Resident in the payment of rent or any other provision of this Agreement, (b) to repair damages to the premises, including repainting, but exclusive of ordinary wear and tear, and (c) to remove trash and clean the premises to meet Owner's re-rental standards, as provided by law. The unused portion of this deposit shall be returned to the Resident without interest, according to law. 4. UTILITIES. Resident shall pay for half of all utilities, services, and charges including electric, water, gas, and internet. 5. OCCUPANCY. Resident agrees that the premises are to be used as a private residence for Resident listed herein, for a total of 1 adult and 0 child/children and by no other persons and for no other reason. Guest may not stay more than 7 consecutive days in any six-month period without the prior written consent of the Owner. 6. LATE CHARGE. Resident acknowledges that the Owner will incur certain administrative costs in connection with late Rental payment, and that the amount of such administrative cost would be difficult or impracticable to ascertain. If Resident fails to pay the rent in full by the end of the 5th day after it is due, Resident shall pay a late charge of $49.00 as additional rent and $5.00 each additional day late. The owner does not waive the right to insist on payment of rent in full on the day it is due. In the event Resident's check is dishonored by the bank, Resident shall pay a returned check charge of $25 as additional rent. All payments are to be made in Money order or cashier's check only. 7. ACCEPTANCE OF PREMISES. Residents have inspected the premises, agreed rental property is deemed as is, not furnished, and have found them to be satisfactory. All plumbing, heating, and electrical systems are operative and deemed satisfactory. Page 1 of 4 8. POSSESSION OF PREMISES. In the event the Owner is unable to deliver possession of the premises to Resident for any reason not within the Owner's control, including, but not limited to failure of prior occupants to vacate as agreed or required by law, the Owner shall not be liable to Resident except for the return of all sums previously paid to Owner in the event Resident chooses to terminate this Rental Agreement. 9. PETS, WATER-FILLED FURNITURE/ANTENNAS AND/OR SATELLITE DISHES. No animal, pet, antenna/satellite dish, or water-filled furniture shall be kept on or about the premises without the prior written consent of the Owner. NO PETS ALLOWED. 10. SECURITY. Resident acknowledges that Owner has made no representation that the property is a "secure" complex and that Resident is safe from theft, injury, or damage. Locks and cameras are provided primarily for the protection of the Owner's property and are not a warranty of protection nor are they specifically provided for the protection of Resident or guest's person or property. Residents shall take appropriate measures to protect their own property and report to the Police any suspicious activities, persons, or events occurring on or about the general premises. 11. QUIET ENJOYMENT / USE. All residents shall be entitled to quiet enjoyment of the premises. Resident shall not use the premises in such a way as to violate any law or ordinance, commit waste or nuisance, annoy, disturb, inconvenience, or interfere with the quiet enjoyment of any other resident, including but not limited to having loud or late parties or playing loud music. Residents shall ensure that their guests also comply with this provision. Violations constitute a breach of the Agreement, and the Owner may take legal action to terminate the Agreement and remove Resident. 12. CARE AND MAINTENANCE. Resident agrees to keep the premises clean, in good order and repair, and free of trash, mold, mildew, and unsightly material and to immediately notify Owner, in writing, of any defects or dangerous conditions in or about the premises, particularly any water penetration. Resident shall reimburse Owner for the cost to repair damage by Resident through misuse or neglect including but not limited to plumbing stoppages. Except as provided by law, no repairs, decorating, or alterations shall be done by the Resident without the Owner's prior written consent, which may require that only a licensed and bonded contractor perform such work. Owner is not responsible for replacing or repairing any appliances that break down during the rental period. Grease, sanitary napkins, wipes, or pads are not to be poured down any sink/drains or flushed down the commode/toilets. 13. RIGHT OF ENTRY. Owner or Owner's agents shall have the right to enter the premises for purposes of performing inspections; to make necessary or agreed repairs, alterations, or improvements; supplying agreed services; to exhibit the property to prospective residents; when the Resident has abandoned or surrendered the premises; in case of emergency, and pursuant to court order or state law. Except in cases of emergency, the Owner shall give the Resident reasonable notice of intent to enter. Resident may be present; however, such entry shall not be conditioned upon such presence, and Resident agrees to indemnify and hold Owner free and harmless for such entry. Inspections will be completed every 3 months and at least a 24-hour notice from the Owner will be given to the Resident via phone call, email, or text message. 14. VEHICLES AND PARKING. The owner reserves the right to control parking and to tow away, at the Resident's expense, any vehicle causing an unsafe/hazardous condition or parked in unauthorized spaces. No automobile or other motor-driven vehicle or cycle may be brought onto the premises unless such vehicle complies with government noise limitations, is free of any leaking fluids, is insured for public liability/ property damage, is operable, and is currently registered. Resident is allowed to park their vehicle in the grass beside Unit B. 15. SUBLEASING / ASSIGNMENT. Resident shall not sublease any part of the premises or assign this Agreement without the prior written consent of Owner. Any such action, without prior written consent, is void. Immediate Termination. 16. PEST CONTROL. Upon demand by the Owner, Residents shall temporarily vacate the premises for a reasonable period of time to allow pest or vermin control work to be done. Resident shall comply with all instructions, forthwith, from the pest controller, fumigator, and/or exterminator regarding the preparation of the premises for the work, including the proper bagging and storage of food, perishables, and medicine. 17. LIABILITY / DAMAGE RESPONSIBILITY. Resident agrees to hold Owner harmless from all claims of loss or damage to property, and of injury or death to persons caused by the intentional acts or negligence of the Resident, their guest or invitees, or occurring on the premises rented for Resident's exclusive use. Resident expressly absolves Owner from any and all liability for any loss or damage to Resident's property or effects arising out of water leakage or breaking pipes, theft, or other cause beyond the reasonable control of Owner. This includes damage to the Resident's or guest's vehicles while parked on the property. In the event the premises are damaged by fire or other casualties, the Owner shall have the option either to (1) repair such damage, this Agreement continuing in full force and effect, or (2) give notice to the Resident terminating this Agreement. The owner shall not be required to repair or replace any property brought onto the premises by the Resident. Resident agrees to accept financial responsibility for any damage to the premises from fire, water, or casualty caused by Resident's negligence. Residents are encouraged to carry a standard renter's policy or as an alternative, warrants that they will be financially responsible for losses not covered by the Owner's fire and extended coverage insurance policy. In no event shall the Resident be entitled to any compensation or damage due to any extra expense, annoyance, or inconvenience for loss of use due to a casualty beyond the control of the Owner. 18. TERMINATION: CLEANING / REPAIRS. Upon termination of the tenancy, Resident shall leave the premises in a clean and orderly condition, free of trash and personal property. If this is not done, the Resident expressly agrees that the Owner shall perform all cleaning services, including carpet cleaning and/or repair, which may be required in the Owner's discretion to restore the premises to the Owner's standards for new occupancy. The costs incurred by the Owner for such services shall be deducted from the Resident's security deposit. If the Owner is required to perform a pre-move-out inspection, or any repair or renovation as a result of the Resident's decoration, modification, or damage, regardless of the cause, the cost of such inspection repair and/or renovation shall be deducted from the Resident's security deposit. In the event the deposit is not sufficient to pay all the lawful expenses and charges at the termination of this residency, Residents shall immediately, upon written notice, pay the Owner any additional sums necessary to pay all such charges in full. 19. RULES AND REGULATIONS. Resident acknowledges receipt of, and has read, a copy of the Apartment Rules and Regulations, which are hereby incorporated into this Agreement by this reference. Owner may terminate this Agreement, as provided by law, if any of these Rules and Regulations are violated. Such Rules and Regulations may be amended from time to time upon giving notice to the Resident. If the property is located within a common interest development, the Resident agrees to comply with and abide by any Declaration of Covenants, Conditions and Restrictions (CC & R's) and Association Rules and Regulations. A copy of these documents (if applicable) is made as part of this agreement. Residents shall comply with any valid order of the Association and shall pay to the Owner any charge assessed by reason of the Resident's breach. 20. TERMINATION / HOLDING OVER. If this Agreement is a periodic tenancy, either party may terminate the tenancy by the service of at least 30 days written notice, if the tenancy is less than one year, or by the service by either party of at least 30 days written notice if the tenancy is one year or longer at the time of service of the notice. If this Agreement is a Fixed Term Lease, it shall automatically convert to a periodic tenancy upon the expiration date of the Fixed Term Lease. In the absence of any written communication between the parties, the residency shall continue on a periodic tenancy basis, including any changes, i.e., rent adjustments, having been made by the Owner with proper written notice. 21. DEFAULT. In the event of a default by Resident, Owner may elect to (a) continue the lease in effect and enforce all his rights and remedies hereunder, including the right to recover the rent as it becomes due, or (b) at any time, terminate all of Resident's rights hereunder, and recover from Resident all damages they may incur by reason of the breach of the lease, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision, of the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss which the Resident proves could be reasonable avoided, and any other damages as provided by law. Resident is hereby notified that a negative credit report reflecting on Resident's credit record may be submitted to a credit reporting agency if Resident fails to fulfill the terms of this Rental Agreement. All remedies provided herein are cumulative. In Addition to this Agreement, the resident agrees that: No pets are allowed. No guest is allowed to stay more than 7 days. No smoking or drugs are allowed in or on the premises including but not limited to marijuana or there is an immediate breach of contract, and the resident will be evicted. IMMEDIATE TERMINATION. All smoking must be done by the back tree near the alley due to the owner having bronchitis and asthma and wanting a clean environment. Keep areas that are occupied clean. Do not pour grease or any unknown substances down the drain or toilet. 22. RENTERS INSURANCE - Occupants are encouraged to purchase renters' insurance, as we are not responsible for accidents due to acts of God or anything beyond our control. By signing this agreement, the parties hereto indicate that they have read and understand this entire agreement and agree to all of the terms, covenants, and conditions stated herein. Resident acknowledges receipt of a copy of this agreement with all addenda.
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