MTMAgmt Chico Temp by 0yd0X0


									                                        RENTAL AGREEMENT (Month-to-Month)

This agreement is made and entered into this _______ day of _________________________________, 20____

by and between ___________________________________________________________, “Owner” (Landlord)

and _____________________________________________________________________, “Resident” (Tenant).


    1.   Owner rents to the Resident and the Resident rents from the owner for residential use only, the premises known as:

         _________________________________________________________________________________, CA ______________
         Address: Number                 Street                               City                                             Zip

    2.   Rent is due in advance on the 1st day of each and every month, at $_____________ per month, beginning on the ____ day of

         ___________________________________, 20__, payable to the Owner or his authorized agent at the following address:

         ___________________________________, _________________________, CA __________. In the event that rent is not
         paid by 5:00 p.m. within 5 days of the due date, Resident agrees to pay a late charge of $50.00. Resident is hereby advised that
         pursuant to Civil Code Section 1719, if any check is returned by Resident’s bank, Resident may be liable to the payee for the
         amount of the check plus a return check charge of twenty-five dollars ($25.00) plus damages equal to treble that amount, which
         damages shall not be less than one hundred dollars ($100.00) nor more than one thousand, five hundred dollars ($1,500.00), plus
         the costs of mailing the written demand for payment. Resident acknowledges, understands, and agrees late fees and bad check
         fees shall be deemed additional rent and shall be deducted first from the next rent payment received. Monies received from
         Residents or Guarantors shall first be applied to unpaid Security Deposit, second to Late Rent or NSF Fee, third to NSF Checks,
         fourth to other charges and fifth to rent. No cash accepted!

    3.   Except as prohibited by law, this agreement may be terminated by either party after service upon the other of a WRITTEN
         30-DAY NOTICE of termination of tenancy. Any holding over thereafter shall result in Resident being liable for “rental
         damages” at the fair rental value of $______________ per day.

        PERSONAL GUARANTEE: If this box is checked, a personal guarantee is required. A faxed copy is acceptable for
         signing the lease, but we must have the original before occupancy. This guarantee is joint and several.

    4.   It is expressly understood that this agreement is between the Owner and each signatory, jointly and severally, whether
         or not in actual possession of the premises. In the event of default by any one signatory, each and every remaining
         signatory shall be responsible for timely payment of all rent and all other provisions of this agreement. (This means
         that each Resident and/or cosigner/guarantor is responsible for the total amount of rent, damages, or other obligations even
         if other Resident(s) default.)

         Premises shall be occupied only by the following named person(s) [Include birth dates if under 18 years of age]:

         ___________________________________________                         ________________________________________
         Name                                     Birth date                 Name                               Birth date

         ___________________________________________                         ________________________________________
         Name                                     Birth date                 Name                               Birth date

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  5.   Without owner’s prior written permission as an addendum to this agreement, no bird or animal, no waterbeds or liquid-filled
       furniture, beer kegs, or ___________________________________________________ shall be kept or allowed in or about
       said premises. NO pets shall be brought on the premises. In addition, feeding of outside or feral cats is a material breach
       of this agreement. Any violation of this provision will be considered good cause for eviction.

  6.   Resident shall not violate any criminal or civil law, ordinance or statute in the use of the premises, commit waste or nuisance,
       annoy, molest or interfere with any other Resident or neighbor. Any such action may result in the immediate termination of
       this agreement as provided herein and by law.

  7.   Except as provided by law, no repairs, decorating or alterations shall be done by Resident, without Owner’s prior written
       consent. Resident shall notify Owner in writing of any repairs or alterations contemplated. Decorations include but are not
       limited to, painting, wallpapering, hanging of murals or posters, stickers of any type on windows, walls, ceilings or doors.
       Resident shall hold Owner harmless as to any mechanics lien recordation or proceeding caused by Resident.

  8.   Resident has inspected the premises, furnishings, and equipment and has found them to be satisfactory. All plumbing,
       heating and electrical systems are operative and deemed satisfactory.

  9.   Except as prohibited by law, Resident shall keep the premises, furniture, furnishings, appliances, patio, stair landing, entrance,
       stairwell, yard and landscaping, if any, and fixtures which are rented for Resident’s use in good order and condition. Resident
       shall pay Owner for costs to repair, replace, rebuild, or clean any portion of the premises or common area damaged by the
       Resident, Resident’s guests or invitees. RESIDENT’S PERSONAL PROPERTY IS NOT INSURED BY OWNER.
       Resident is not a co-insured and expressly excluded from any insurance policy held by Owner which is now in effect or
       becomes effective during the term of this agreement. IT IS STRONGLY RECOMMENDED THAT THE RESIDENT

       “Smoking is not considered normal wear and tear.” If the Resident of the apartment is a smoker and has guests who smoke,
       the Resident agrees that at such time as they move-out, the Resident shall be responsible for any charges caused by smoke
       damage such as drapery/blind replacement, deodorizing the apartment, painting, cleaning and carpet or vinyl replacement,
       etc. Such charges would be withheld from the security deposit. Any amount over the security deposit would be billed
       directly to the Resident.

 10.   Resident shall pay for all utilities, services and charges, if any, made payable by or predicated upon occupancy of Resident,
                 Water, Sewer, Garbage                                                                                               .
       It is the resident’s responsibility to contact the utility companies on or before their occupancy of the unit, to register
       the billings in their name. There will be a minimum charge for any violation of this section of $50.00 per occurrence
       plus the reimbursement of any actual utility charges.

 11.   Owner shall not be liable for any damages or injuries to Resident(s), to any person, or to any property, occurring on the
       premises, in the common areas, or any part thereof, not the fault of Owner, and Resident(s) agrees to hold Owner harmless
       from any claims for damages not the fault of the Owner. Resident’s personal property is not insured by Owner (See
       Section 9 above.) The Resident(s) agrees to pay, indemnify, and hold owner harmless from and against any and all loss,
       costs, damages, or expenses, including without limitation, attorney’s fees, costs, and expenses incurred by owner arising out
       of any damages to the premises resulting from Resident’s(s) intentional or negligent conduct, including, but not necessarily
       limited to, damages from parties, water beds, clothes washer leaks, portable dishwasher leaks, pets, or Resident’s(s) family,
       invitees, or guests.

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 12. Resident shall deposit with Owner, as a security deposit, the sum of $__________________, payable ________________
     ____________________________________________________. RESIDENT SHALL NOT USE THE SECURITY
     DEPOSIT TO PAY THE LAST MONTH’S RENT. Owner may claim (withhold) of the security deposit only such
     amounts are necessary to remedy tenant defaults as follows:

                 a.   in the payment of rent, or
                 b.   to repair damages to the premises and common area caused by the Resident, exclusive of ordinary wear and
                      tear, or
                 c.   to clean such premises, if necessary, and to have carpets, blinds, and fireplace chimneys professionally cleaned
                      upon termination of tenancy.

       No later than three weeks (21 days) after the Owner has regained possession of the premises, Owner shall furnish the Resident
       with an itemized written statement of the basis for, and the amount of, any security deposit received and the deposition of such
       security deposit and shall return any remaining portion of such security deposit to the Resident.

 13. The Owner or his/her agents or employees may enter the premises: a) in case of emergency, or b) when the Resident has
      abandoned or surrendered the premises, or to make necessary or agreed repairs, decorations, alterations, or improvements, to
      supply necessary or agreed services, or to exhibit the dwelling unit to prospective or annual purchasers, lenders, residents,
      workmen or contractors, provided the resident is given reasonable notice of Owner’s intent to enter, with entrance during
      normal business hours (8:00 a.m. to 6:00 p.m., Monday through Saturday, except holidays.) Twenty-four hours shall be
      presumed to be reasonable notice, in absence of evidence to the contrary. Resident may be present, however, entry is not
      conditioned upon such presence and Resident agrees to hold Owner harmless for such entry. In the event that Resident(s)
      requires Owner’s assistance with regard to maintenance or repair within premises, Owner may treat such invitation
      as an implied waiver of any other notice requirements pertaining to Owner’s entry into premises.

 14.   No portion of said premises shall be sublet nor this agreement assigned. Any attempted subletting or assignment by the
       Resident shall, at the election of the Owner, be an irremediable breach of this agreement and cause for immediate termination
       as provided herein and by law.

 15.   It is the responsibility of all current Residents to notify the Owner in writing of the status of Residents listed on the existing
       Lease and the effective dates of any future changes. Otherwise, all Residents listed on the existing Lease shall be responsible
       for the entire existing lease term. When a Lease renewal occurs, Owner shall not refund any security deposit to exiting
       Resident(s) upon lease renewal. It shall be the responsibility of the incoming Residents or those Resident(s) remaining in
       the unit to resolve any refund of the security deposit with the exiting Resident(s) and the exiting Resident must provide
       written notification of release of their interest in the security deposit. The new Resident(s) must sign the Lease before their
       occupancy occurs. Owner or Owner’s agent shall have the right to cancel any renewal of this Rental Agreement if, at the
       beginning of the renewal term, Resident(s) has damaged the premises or is otherwise in default under the terms of this
       agreement or any other agreement with the Owner.

 16.   The waiver of either party of any breach shall not be construed to be continuing waiver of any subsequent breach. The
       receipt by the Owner of the rent with the knowledge of any violation of a covenant or condition hereto shall not be deemed a
       waiver of such breach. No waiver by either party of the provisions herein shall be deemed to have been made unless accepted
       in writing and signed by all parties to this rental agreement.

 17.   Resident shall not maintain, keep or allow to be kept or maintained upon said premises any item, or permit any acts to be
       done, which will cause an increase in the rate of insurance upon, or endanger said premises. This will include barbecues on
       any balcony or patio pursuant to the directions of the insurance carrier.

 18.   Any failure by Resident(s) to pay rent when due, or to perform any of the terms hereof shall constitute a breach of this
       agreement and Owner may, at its option, terminate this agreement and recover from Resident(s) all damages provided by law

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       arising from the breach including the worth at the time of the award of the amount by which the unpaid rent for the balance
       of the term after the time of the award exceeds the amount of such rental loss that the Resident(s) proves could have been
       reasonably avoided. In the alternative, Owner may elect to continue this agreement in effect and enforce its rights and
       remedies including the right to recover rent as it becomes due.

 19.   In the event of the sale or refinance of the property: If Owner presents to the Resident a “Resident’s Certification of Terms -
       Estoppel Certification,” or other Estoppel Certification form, Resident agrees to execute and deliver the certificate
       acknowledging that this Lease Agreement is unmodified and in full force and effect, or in full force and effect as modified
       with the consent of the Owner, and stating the modifications, within ten (10) days of written notice. Failure to comply shall
       be deemed Resident’s acknowledgment that the certificate as submitted by Owner is true and correct and may be relied upon
       by any lender or purchaser.

 20.   The premises are equipped with a functioning smoke detection device(s), and:
            a. The resident acknowledges the smoke detector(s) was tested and it’s operation explained by the management in the
               presence of the resident at the time of initial occupancy and the detector(s) in the unit was working properly at the
            b. Each resident shall perform the manufacturer’s recommended test at least once a week to determine if the smoke
               detector(s) is (are) operating properly.
            c. Initial ONLY IF BATTERY OPERATED: __________                     __________
                                                               Initial               Initial
       By initialing as provided, each resident understands said smoke detectors and alarm is a battery operated unit and it shall be
       each resident’s responsibility to:

                1. Ensure that the battery is in operating condition at all times;
                2. Replace the battery as needed (unless otherwise provided by law); and
                3. If, after replacing the battery, the smoke detector(s) do not work, inform the Owner or authorized agent
                   immediately in writing.

            d. Resident(s) must inform the Owner or authorized agent immediately in writing of any defect, malfunction or failure
               of any detector(s).
            e. If local law requires the Owner to test the smoke detector, the resident shall allow the Owner or his agent access to
               the premises for this purpose.
            f. If smoke detector is disconnected or missing, there will be a $30.00 reconnection charge plus the cost of new smoke

 21.   ATTACHMENTS: By initialing as provided, Resident acknowledges receipt of those indicated attachments, copy(ies) of
       which is (are) attached hereto, marked by indicated page number(s) and is (are) incorporated herein as though fully set forth
       in length. Each resident shall initial each attachment.

       A. Community Policies                                             G. Crime and Unlawful Activity                 _____
          Pages ____ to ____            Initial      Initial                Lease Addendum                Initial       Initial
       B. Move In/Move Out List                                          H. Crime Occupant Addendum                     _____
                                        Initial      Initial                                              Initial       Initial
       C. Megan’s Law                                                    I.   Lease Addendum on                         _____
                                        Initial      Initial                  Violence and Weapons        Initial       Initial
       D. Lead Paint Disclosure                                          J.                                             _____
                                        Initial      Initial                                              Initial       Initial
       E. Mold                                                           K.                                             _____
                                        Initial      Initial                                              Initial       Initial
       F.   Unauthorized Occupant
            Lease Addendum              Initial      Initial

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 22.   This agreement, which includes all attachments referred to above, constitutes the entire Agreement between the parties and
       cannot be modified except Resident agrees to abide by any and all Community Policies, whether promulgated before or after
       the execution hereof, including but not limited to, rules with respect to noise, odors, disposal of refuse, pets, parking, and use
       of common areas. Owner shall have the right to change said Community Policies with thirty (30) days notice.

       Sidewalks, stairwells, landings, lawns, parking lot, pool, recreation areas and laundry rooms are included in the common
       areas. In order to assure all Residents quiet enjoyment of the entire facilities; Resident(s) agrees to the following:

              a. Resident(s) have a revocable non-exclusive license to use the pool, volleyball courts and laundry room. In order to
                 enhance the quiet enjoyment of all residents of the complex, Resident(s) agrees that Owner or Owner’s agent may at
                 any time on notice to Resident(s) revoke Resident(s) right to use such recreational facilities and laundry room and
                 exclude Resident(s) and Resident(s) guests and invitees therefrom.
              b. Resident(s) acknowledges that should such revocation occur, use by Resident(s) or Resident(s) guests or invitees
                 thereafter may be treated by Owner as a trespass and subject Resident(s) or their guests and invitees to criminal

 23.   If any legal action or proceeding be brought by either party to enforce any part of this agreement, the prevailing party shall
       recover, in addition to all other relief, reasonable attorney’s fees and costs. Notice shall be given as required by law to
       Owner or Owner’s agent, RSC Associates, Inc., at the address for payment of rent shown in Paragraph 2 and to Resident(s)
       at the premises. This person is authorized to accept legal service on behalf of the Owner.

 24.   As required by law, you are hereby notified that a negative credit report reflecting on your credit history may be submitted to
       a credit reporting agency if you fail to fulfill the terms of your credit obligations (California Civil Code Section 1785.16).

The undersigned Resident(s) acknowledge(s) having read and understood the foregoing, and receipt of the duplicate original.

Owner/Agent                               Date                            Resident                                  Date

                                                                          Resident                                  Date

                                                                          Resident                                  Date

                                                                          Resident                                  Date

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