HomeMy WebLinkAbout03/13/2001, COMM.1 - MODEL LEASE RENTAL AGREEMENT MEETING AGENDA
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DATE: March 13, 2001
TO: Mayor&Fellow Members of the Ci7CoCil
FROM: Jan Howell Marx, Council Member
SUBJECT: Model Lease Rental Agreement
At the CAO-Council retreat last month, League staff member Terry Dugan offered to send to the City a
copy of a lease agreement he uses when renting out property he owns here in SLO. A copy of that
lease agreement is attached for your review.
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RECEIVED
MAR 13 2001
SLO CITY COUNCIL
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LEASE RENTAL AGREEMENT AND DEPOSIT RECEIPT
RECEIVED FROM and hereinafter referred to as Tenant. the sum of
$ dollars), evidenced by personal checks and transfers. the continuation of their
deposit made for their tenancy from to as deposit. Upon acceptance of this Agreement.
the owners of the premises, and hereinafter referred to as-Owner," will
apply the deposit as follows:
Total Received Balance due prior to occupancy
Rent for the period from to ...... $ $ $zero
Security deposit(not applicable to last months rent)..$ $ $zero
Other.........................................................................$ ro zes zero $zero
Total......................................................................... $ $ $
In the event Owner does not accept this agreement within 15 days,the total deposit received will be
refunded
Tenant offers to rem from the Owner the premises situated in the City of San Luis Obispo, County of San
Luis Obispo, State of California, described as(address), a three bedroom. one bath house with detached
garage,upon the following terms and conditions:
1.Term: The term will commence on September 1, 2000 and continue as a rental,on a month to month
until August 31,2001. or until sooner terminated by mutual agreement signed by both parties after giving
30 days written notice..
2.Rent: Rent will be$_.00 per month, payable in advance,upon the first day of each calendar month
to Owner or Owner's authorized agent,at the following address: or at such other
places as may be designated by the owner from time to time. In the event that rent is not paid within
days after the date due. Tenant agrees to pay late charge of$50.00. Tenant further agrees to pay Owner
525.00 for each dishonored bank check. The late charge period is not a grace period and Owner is
entitled to make written demand for any rent if not paid when due. Any unpaid balance. including late
charges, will bear interest at 10%per annum, or the maximum rate allowed by law,whichever is less.
3.Penalties for late payment: If rent payment is mailed the postmark must not be later than the fifth day
of the month,otherwise the penalty will apply. The penalty will be withheld from the security deposit if
not paid and the tenant is required to replace that amount within seven(7)days or the lease shall be
considered broken.
4. Multiple Occupancy/Responsibitity: Itis expressly understood that this Agreement is between the
Owner and each signatory jointly and severally. Each signatory will be responsible for timely payment of
rent and performance of all other provisions of this Agreement.
5. Utilities: The Tenant will be responsible for the payment of all utilities and senices, including
electrical,gas,garbage,water, and sewer..
6. Use: The premises will be used exclusively as a residence for no more than 3 persons. Guests staying
more than a total of 3 days in a calendar year without written consent of the owner will constitute a
violation of this Agreement.
7. Guests: Tenants agree that they will not host a"steady stream"of visitors or overnight guests, such as
to abuse normal visitation rights. This in no way is intended to reflect on the Tenants friends;but is
instead a recognition that San Luis Obispo is a convenient"half-way" rest point between northern and
southern California.
S. Owner's obligations: The owner shall be obligated to assure Tenants a quiet, peaceful enjoyment of the
premises, and to respond in a reasonably timely manner,to all reasonable requests by Tenants, presented
orally or in writing,giving consideration to the terms,authority,and limitations of the lease.
9. Animals:No animals shall be brought onto the premises without the prior written consent of the owner.
Page 1 of 4 pages Tenant: Owner:
10. House Rules: Tenant agrees to respect the peace and quiet and the residential nature of the
neighborhood with respect to noise. odors, disposal of refuse. animals,parking, and general appearance of
the premises. Tenant will not have a waterbed on the premises without the prior written consent of the
Owner.
11.Vehicles: Only one vehicle per Tenant maybe kept on the property. No repairs lasting more than 2
days are to be done to vehicles on the property, and said vehicles must be Tenant owned No repairs are to
be done for non-Tenants. No vehicles are to be parked on the lawn or anvwhere but the driveway at any
time.
12.Yard care: The Owner will hire a gardener to regularly mow the lawns and do general yard
maintenance work Tenants agree to maintain the yard in a generally neat and clean condition,including
watering the lawn, trees and plants, and removing any fallen frit from around trees, so that the gardener
can perform his duties. Tenant will irrigate the yard including lawns and shrubbery. The rate of rent is
adjusted to allow for the Tenant to pay for sufficient water to maintain the lawn and shrubbery in normal
living condition.Tenant will not adjust any automatic watering systems to reduce the amount of water
used without prior written and dated agreement by the Owner. Neglect of such yard maintenance may
result in forfeiture of all or part of the deposit and even constitute breach of this agreement. A two-week
written notice of the condition(s)requiring correction shall be given to the Tenants before the Owner
employs someone to do the work at the tenant's expense. If Tenant corrects the problem within the first
ten days after notice, then the problem will be considered cured.
13. Outside Storage: No boxes, furniture,or personal belongings may be stored on the exterior of the
house or garage,including porches.
14. Noise: A city ordinance prohibits loud parties, stereos, etc. after 10:00 p.m. This ordinance shall be
followed Furthermore,this Agreement prohibits loud noise at any hour for it is the conviction of the
Owner that noise pollution quickly brings down the value of the property.
15. Ordinances and Statutes:Tenants will comply with all statutes, ordinances,and requirements of all
municipal, state, and federal authorities now in force, or which later may be in force,regarding the use of
the premises. (If the premises becomes subject to local rem control, Tenant should contact local authorities
for information on rights.)
16.Assignment and Subletting:Tenant will not assign this Agreement or sublet any portion of the
premises without prior written consent of the Owner.
17. Maintenance,Repairs,Or Alterations: Tenant acknowledges that the premises are in good order
and repair. unless otherwise indicated in writing and signed by both Owner and Tenant.Tenant will,at
his/her own expense maintain the premises in a clean and sanitary manner and condition, including all
equipment,appliances, smoke detectors,plumbing, heating and air conditioning, and will surrender the
premises at termination in as good a condition as received normal wear and tear expected Tenant will be
responsible for damages caused by his/her negligence and that of his/her family,invitees,and guests.
Tenant will not paint paper,or otherwise redecorate or make alterations to the premises without prior
written consent of the Owner.Tenant will not commit any waste upon the premises,or any nuisance or act
which may disturb the quiet enjoyment of any other Tenant or neighbors. Owner will be responsible for
any modification or retrofitting required by governmental agencies.
18. Minor repairs:Routine minor repairs, such as replacing washers,repairing leaks,tightening or
placing fixtttres, light bulbs, smoke detector batteries,etc., may be made by the Tenants if they are capable
of the work,particularly if such work is required because of damages by the Tenants or their guests. Such
repairs are to be at the expense of the Tenants. Other repairs may be done by the Tenant upon prior
written approval of the Owner,under terms mutually agreed to by the Owner and the Tenant.
19. Major Repairs: Malfunctions of the electrical,plumbing, heating,etc.,repair of which is beyond the
scope of Tenant, is to be reported immediately to Owner or Owner's agent, who,based upon judgment of
reasonable wear and tear, shall have the problem cured at Owner's or Tenant's expense as may be
appropriate.
Page 2 of 4 pages Tenant: Owner:
20. Inventory: Am•furnishings or equipment to be furnished by the owner gill be listed in a special
inventory. The inventory will be signed by both Tenant and Owner concurrently with and be part of this
lease as Attachment A. Tenant will keep the furnishings and equipment in good condition and repair.
and will be responsible for any damage to them other than normal wear and tear. This inventory of any
personal property belonging to the Owner which is on the premises shall be made at the commencement
of the lease, and amended to add or delete items as such changes occur. At the time of vacating the
premises. an inspection will be made to assure that all such property is still on the premises and in good
condition.
21.Window coverings: All window coverings are to remain in place and may be changed or removed
only with prior written consent of the Owner.
22. Damages to Premises: If the premises are damaged by fire or from any other cause that renders the
premises uninhabitable.either party will have the right to terminate this agreement as of the date on
which the damage occurs. Written notice of termination will be given to the other party within fifteen(15)
days after the occurrence of such damage. Should such damage or destruction occur as the result of the
negligence of the Tenant, or hist her invitees or guests, then only the Owner will have the right to
terminate. Should this right be exercised by either Tenant or Owner. then the rent for the current month
will be prorated between the parties as of the date the damages occurred Any prepaid rent and unused
security deposit will be returned to the Tenant. If this Agreement is not terminated then the Owner will
promptly repair the premises and there will be no proportionate reduction of rent until the premises are
repaired and ready for Tenant's occupancy. The proportionate reduction will be based on the extent to
which repairs interfere with the Tenant's reasonable use of the premises.
23. Entry and Inspection: Owner will have the right to enter the premises: (a)in case of emergency: (b)
to make necessary or agreed repairs, decoration, alterations. improvements, supply necessary or agreed
services, show the premises to prospective or actual buyers, lenders, tenants.workers.or contractors: (c)
when Tenant has abandoned or surrendered the premises. Except under(a)and(c),entry may be made
only under normal business hours,and with at least 24 hours prior notice to the Tenant.
24. Indemnification: Owner will not be liable for atry damage or injury to Tenam.or to any other person.
or to any property. occurring on the premises, or in common areas,unless such damage is the legal result
of the negligence or willful misconduct of the Owner, or the Owner's agents or employees. Tenant agrees
to hold the Owner harmless from any claims for damages,no matter how caused,except for injury or
damages caused by negligence or willful misconduct of Owner,or Owner's agents or employees. It is
understood that the Owner's insurance does not cover the Tenant's personal property or improvements.
25. Physical Possessions: If Owner is unable to deliver possession of the premises at the commencement
date set forth above.Owner will not be liable for any damage caused nor will this Agreement be void or
voidable, but Tenant will not be liable foram rent until possession is delivered Tenant may terminate the
Agreement if possession is not deliverable within 15 days of the commencement of the term in item 1.
26. Default: If Tenant fails to pay rem when due,or perform any provision of this Agreement,after not
less than three(3)days written notice. such default given in the manner required by law, the Owner,at
his/her option, may terminate all rights of Tenant,unless Tenant,within said time,cures such default. If
Tenant abandons or vacates the property while in default of the payment of the rent,Owner may consider
any property left on the premises to be abandoned and may dispose of the same property in any manner
allowed by law. In the event the Owner reasonably believes that such abandoned property has no value, it
may be discarded All property on the premises will be subject to a lien to the benefit of the Owner
securing the payment of all sums due, to the maximum extent allowed by law. In the event of a default by
the Tenant,owner may elect to: (a)continue the lease in effect and enforce all his rights and remedies,
including the right to recover the rent when it becomes due,provided that Owner's consent to assignment
or subletting by the Tenant will not be unreasonably withheld;or(b)at any time terminate all of Tenant's
rights and recover from Tenant all damages Tenant may cause 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 Tenant proves could be
reasonably avoided-
Page
voidedPage 3 of 4 pages Tenant: Owner:
27. Security: The security deposit will secure the performance of the Tenant's obligations. Owner may.
but will not be obligated to.apply all portions of said deposit on account to Tenant's obligations. Any
balance remaining upon termination will be returned to the Tenant. Tenant will not have the right to
apply the security deposit in payment of last month's rent. Security deposit will be held at Owner's
account. The security deposit shall be refunded within thirty(30)days of vacating the premises if all
conditions of this lease have been met. If any part of the deposit is to be held by the owner. an itemized list
of problems and cost to cure shall be provided to Tenant by Owner. Failure to pay last month's rent shall
increase the rate of last month's rent$10.00 per day until paid
28.Deposit Refunds: The balance of all deposits will be refunded within 30 days(oras otherwise
required by law)from date possession is delivered to Owner or Owner's authorized agent together with
written statement showing any charges made against such deposits.
29.Waiver: Failure of Owner to enforce any provision of this Agreement will not be deemed a waiver.
The acceptance of rent by Owner will not waive his/her right to enforce any provision of this Agreement.
30.Notices:Unless otherwise provided,any notice which either party may give or is required to give, may
be given personally or by mailing the same,postage prepaid.certified to the Tenant at the premises or to
the Owner at the address shown in the signature block, or at such other places as may be designated by the
parties from time to time. Notice will be deemed effective five(5)days after mailing,or on personal
delivery,or when receipt is acknowledged in writing.
31.Holding Over:Any holding over after expiration of this Agreement.with consent of Owner, will be a
month-to month tenancy at a monthly rent to be determined at time of consent by Owner,payable in
advance,and otherwise subject to the terms of this Agreement, as applicable, until either party terminates
the same by giving the other party thirty(30)days written notice.
32.Time: Time is of the essence in this Agreement.
33.Attorneys Fees: In any action or proceeding involving a dispute between Owner and Tenant arising
out of this Agreement the pre%ailing para•will be entitled to reasonable attorneys fees.
34.Fair Housing: Owner and Tenant understand that the state and federal housing laws prohibit
discrimination in the sale, rental. appraisal.financing,or advertising of housing on the basis of race,
religion. color, sex familial status, sexual preference.handicap, or national origin.
35. Rent Control: This Agreement is not subject to rem control at the time of its execution.
36.Additional Terms and Conditions: None
37. Entire Agreement: The foregoing constitutes the entire Agreement between the parties and may be
modified only in writing signed by all parties. The following exhibits have been made a part of this
Agreement before the parties' execution: Attachment A: Inventory List.
The Tenant(s)hereby acknowledge(s)receipt of a copy of this Agreement
Tenant: Date: Owner: Date:
Tenant: Date: Owner's address:
Tenant: Date:
Receipt for deposit acknowledged by: Date
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