Residential Rental Agreement and Rental Application - California

RENTAL AGREEMENT
AND
RENTAL APPLICATION

1.    PARTIES . The parties to this Agreement, are _______________ hereinafter referred to as "Landlord" and _______________________________ and _______________________________, hereinafter (if more than one (1) Tenant, jointly referred to as "Tenant"). The premises described herein shall be occupied only by the above named persons. Tenant has completed a rental application, set forth as Exhibit A, and Landlord is relying on the truth, completeness, and accuracy of such information as an inducement to enter into this Agreement. This Agreement is between Landlord and each named Tenant. The named Tenant(s) are jointly and severally responsible for full performance of all obligations under this Agreement, including, but not limited to, the obligation for the payment of rent.

2.    PREMISES . Landlord hereby rents to Tenant and Tenant hereby hires from Landlord the premises commonly known as _______________________________________________ ________________________________________, subject to the terms, conditions and covenants set out herein, all of which are a material part of the consideration of this Agreement.

3.    TERM . The tenancy under this Agreement shall commence on ______________, through ________________ and/or shall continue on a month-to-month basis thereafter until either party terminates the tenancy by giving written notice to the other of their intention to terminate said tenancy, which notice must be given at least 45 days prior to the date of termination. The forty-five (45) day notice referred to in this paragraph does not restrict the Landlord from serving the Tenant with any three (3) day notice that the Landlord is entitled by law to serve on the Tenant.

4.    RENT . Tenant agrees to pay rent monthly, in advance, no later than the first (1st) day of each and every month. There is no courtesy/grace period and rent is late if received after the first day of the month. The rent payable each month will be the amount of $_______________. Said rent shall be payable to ______________________ and shall be mailed or delivered to: _____________________________________________
_________________________________________________.

Each named Tenant is jointly and severally responsible for full payment of the above stated rent. In the event that a rental payment is submitted for the rental unit by a person and/or entity not named herein as a Tenant; said payment shall be deemed to have been made on behalf of the named Tenant herein. The Landlord's acceptance of any such payment shall not be construed as creating tenancy rights in the person or entity who made the payment. Furthermore, the Landlord's acceptance of any such payment shall not be construed as a waiver of any rights available to the Landlord.

5.    LATE CHARGE. Landlord may assess a late payment charge of $50 if rent is late (i.e. paid after the first day of the month). Landlord and Tenant agree that the late charge is presumed to be the damages sustained because of Tenant's late payment of rent, and that it is impracticable or extremely difficult to fix the actual damages; however, said damages shall not prevent Landlord from recovering possession of the premises as may be allowed by law based on Tenant's habitual late payment of rent. For the purposes of this tenancy, "habitual" late payment of rent shall be defined as the payment of rent after the first day of the month when the rent is due, for any three (3) months during a twelve (12) month period of Tenant's tenancy, i.e., during the twelve month period of January through December, Tenant can be evicted as allowed by law for habitually paying the rent late, if Tenant pays rent after the first day of the month on more than three occasions during those twelve months. Tenant agrees to pay a service charge of $25.00 if Tenant's bank returns a rent check for any reason, including but not limited to insufficient funds. In addition to the service charge, Tenant agrees to be responsible for and reimburse Landlord for all bank charges and costs resulting from the return of Tenant(s) check. If the bank returns Tenant's rent checks more than once, Landlord may serve 30 days' written notice that all future rents are to be paid in cash or by certified check or money order. If Tenant's check is returned by the. bank for any reason, said rental payment will be deemed late as defined above, regardless of the date of payment, and will be subject to the above service and late charges.

6.    OCCUPANCY : The Premises shall be occupied exclusively by the person(s) named herein as Tenant(s), and by no other person(s). The premises shall be used exclusively for residential purposes only by the above named person(s). It is expressly agreed by all parties to this Agreement that Tenant is prohibited and restricted from using the premises for any business purpose. It is expressly agreed by all parties to this Agreement that Tenant is prohibited and restricted from taking on roommates in the premises. Tenant and Landlord expressly agree that if Tenant allows any roommate and/or guest, not named herein as a Tenant, to reside in and/or occupy the premises, that Tenant shall be in material breach of this Agreement thereby entitling Landlord to recover possession of the premises based on Tenant's breach of covenant. It is expressly understood and agreed that the limits on the number of persons occupying the premises shall not prevent the minor children of Tenant from also residing in and occupying the premises along with said Tenant.

If more than one person's name appears under "TENANT” in this Agreement, each person is fully responsible for the performance of all obligations under this Agreement, including but not limited to the obligation to pay rent.

No person other than the above named Tenant(s) shall be permitted to reside in the premises more than THREE (3) days in any given month, unless such person fully completes and signs a rental application and executes an Agreement, acceptance of which is subject to the sole discretion of Landlord. Nothing contained herein shall prevent the Landlord from serving Tenant with a Three Day Notice to Perform Covenant or quit or any other applicable notice(s).

This tenancy is not subject to transfer to any person(s) other than those named herein.

7.    SECURITY DEPOSIT . Tenant agrees to pay a security deposit in the amount of $_________, which when combined with all other advanced deposits herein, does not exceed two months rent. The security deposit is collected for the purpose of securing the performance of all Tenant's obligations under this Agreement, including but not limited to, compensating the Landlord to cover damages to the premises caused by the Tenant or any visitor or guest of the Tenant, unpaid utility charges that have become or may become liens on the premises, any judgment for rent or possession; breach of this Agreement including nonpayment of rent; failure to return keys and garage door remote control(s) if applicable, cleaning, and painting of the premises upon termination or expiration of the tenancy, excluding normal wear and tear.

The security deposit cannot be used towards payment of the last month's rent. No trust relationship is created between the Landlord and Tenant as a result of the Tenant's payment and the Landlord's acceptance of the security deposit. Tenant authorizes the Landlord to commingle the security deposit funds with any of the Landlord's other funds. Tenant agrees to replenish any security applied by the Landlord during the tenancy to compensate the Landlord for items including but not limited to rent defaults or repairs of damage to the premises caused by the Tenant or Tenant Guests. All deposits collected are for the purpose of securing the performance of Tenant(s) obligations under this Agreement.

The security deposit...