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Residential Rental Agreement

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RESIDENTIAL RENTAL AGREEMENT

This RENTAL AGREEMENT is entered into by and between XXXXX-Landlord-XXXXX, who will accept
service of process, notices, and demands at XXXXX- address, phone, and email -XXXXX, hereinafter
referred to as “Landlord”, and XXXXX-Resident’s Name-XXXXX, hereinafter referred to as “Resident”, and
shall evidence the terms and conditions under which Landlord rents to Resident, and Resident rents
from Landlord, respectively, the premises herein described:

1. PREMISES
The house located at address in the City of CITY, in the County of COUNTY, in the State of
California, in postal code ZIP CODE.
2. OCCUPANTS
Regular occupants of the premises shall be restricted to the following named individuals:
a. XXXXX-Name-XXXXX
b. XXXXX-Name-XXXXX
c. XXXXX-Name-XXXXX
Without prior written consent from Landlord or Landlord’s Agent, the stay of any other person
shall not exceed one week. Resident shall pay additional rent for the period of stay of any
unauthorized occupants at a rate of $ XXXXX-Name-XXXXX per month. Landlord’s acceptance of
such payment shall waive no requirement of this agreement.
3. TERMS AND CONDITIONS
The term of this rental agreement shall commence on the DAY NO. day of MONTH YEAR, and
shall be a tenancy for XXXXX months at a monthly rental of $ XXXXXXX. The rent shall be paid in
full on or before the due date in the form of cash, electronic bank transfer, or check deposited
directly into the bank account of Landlord (see bank information below).
BANK ADDRESS
Routing No. XXXXXXXXXXXX, Account No. XXXXXXXXXXX
4. RENT PRORATION
(For Residents whose commencement date is other then the first of the month)
On the DAY day of MONTH YEAR, Resident agrees to pay $ RENT to prorate rent from the DAY
day of MONTH YEAR to the last day of MONTH YEAR.
Beginning on the first day of MONTH YEAR, Resident agrees to pay in full a month’s rent of $
RENT and a like amount on or before the first day of each succeeding month.
5. LATE FEES
Rent is due on or before the first day of the month. Late payment of rent will incur a late charge
equal to six percent (6%) of the rent. Resident shall pay a thirty-five dollar ($35) charge for any
check returned by the bank due to “insufficient funds”. All checks returned due to insufficient
funds must be replaced with a cashier’s check, money order, or cash that includes the late fee
(6% of the rent, as indicated above) and returned check charge ($30) in addition to the amount
of the returned check. After two (2) returned checks, only money orders, certified checks, direct
deposits, or cash will be accepted for payment.
6. SECURITY DEPOSIT
The following amount has been received as security for the performance of this rental
agreement: $ AMOUNT.
The security deposit shall be returned to Resident no later than twenty-one (21) days after
termination and vacating the premises, less the actual amounts required to cover, but not
limited to, unpaid rent, damages, professional cleaning of premises and furnishings, painting,
return of keys, and pest extermination. Security deposit cannot serve as the last month’s rent.
7. RESIDENT’S PERSON AND PROPERTY (RESIDENT INSURANCE)
Resident acknowledges that:
A. Landlord makes no representations whatsoever concerning the safety of the premises or the
effectiveness or operability of any security devices or security measures.
B. Landlord neither warrants nor guarantees, in any manner, the safety or security of Resident
or Resident’s guests against criminal or wrongful acts of third parties. Resident is responsible for
protecting Resident’s person and property.
C. Because security devices or measures may fail or be thwarted by criminals or by electrical or
mechanical malfunction, Resident agrees not rely on such devices or measures. Further,
Resident assumes full responsibility for and agrees to protect Resident’s property as if these
devices did not exist.
D. Landlord is not responsible for, and Landlord’s insurance does not cover, any loss of or
damage to Resident’s property, including, but not limited to automobiles, motorcycles, and
bicycles. Damage could occur from, but not be limited to, water (e.g. sewer, pipe burst, roof
leak, flood, or wall or window leak), fire, or theft, or involve injury to any person or resident on
the premises. If Resident desires such coverage, Resident should obtain proper coverage
through an insurance agent at Resident’s own expense.
8. DAMAGES
Resident shall promptly pay for any damages to the premises, contents, furnishings and
equipment thereof which may be caused by Resident, Resident’s guests, or occupants.
Drains and waste pipes are acknowledged to be clear at commencement of this rental
agreement, and the cost of clearing any partial or complete stoppage occurring during the term
of this rental agreement shall be paid by Resident.
Resident acknowledges that all windows and screens are in place at commencement of this
agreement and that none are cracked, broken or missing.
From the date of this rental agreement, Resident agrees to pay for any cracked, broken or
missing window or screen caused by Resident or guest.
All aforementioned costs may be charged against Resident’s security deposit.
9. PETS
Without Landlord’s prior written consent, Resident shall neither keep nor permit to be kept in
said premises any dog, cat, parrot, or other bird or animal.
10. TERMINATION
This rental agreement and the tenancy hereby granted may be terminated at any time by either
party hereto by giving to the other party at least thirty (30) days prior notice in writing.
11. ABANDONMENT OR ASSIGNMENT
Resident agrees that Resident will occupy the premises continuously and that any unexplained
absence from the premises under the terms and for the length of time set forth in the laws of
the State of California (see California Civil Code Section 1851.3 as same may be amended from
time to time) shall constitute abandonment of the premises. Any personal property left on the
premises so abandoned may be disposed of by Landlord in the manner set forth in the laws of
the State of California (see California Civil code Section 1980-91 and California Code of Civil
Procedure 1174 as same may be updated from time to time).
Resident agrees not to transfer, assign or sublet the premises or any part thereof and hereby
authorizes Landlord or Landlord’s Agent to evict any other person claiming possession by way of
assignment or subletting under Landlord’s authority or this rental agreement.
12. UTILITIES
The Landlord is to pay following utilities; the Resident is to pay all others:
A) Property taxes
13. LIQUID-FILLED FURNITURE
No waterbeds or liquid-filled furniture shall be allowed in or about said premises without
Landlord’s prior written consent (Waterbed/Liquid-Filled Furniture Agreement).
14. REPAIRS OR ALTERATIONS
Except as provided by law, no repair, decorations or alterations shall be made without
Landlord’s prior written consent. Decoration includes, but is not limited to, painting, wall
coverings, hanging lamps, and mirrors. No locks shall be changed or new ones installed.
15. RIGHT OF ENTRY
Landlord or Landlord’s Agent may enter the premises during normal working hours to make
necessary repairs or to show the premises to prospective buyers or residents by providing
written notice at least 24 hrs prior to entry. In cases of emergency, Landlord has the right to
enter the premises in order to make corrections to prevent, and to inspect, damage to buildings,
furniture or to prevent injury. Resident shall neither alter nor re-key any locks to the premises.
16. CONDITION OF PREMISES
By executing this rental agreement, Resident acknowledges that Resident has received the
premises and such appliances, furniture, furnishings or other contents as may be provided
therewith, including but not limited to those items listed on the check-in/check-out inventory
herein, and finds them in good and clean condition and repair. Resident agrees to take good
care of the premises and its contents, keep them clean and free from trash and in the same
condition as received, except for such ordinary wear and tear as reasonable and careful use
would have caused.
17. PARKING
Operable automobiles, motorcycles, bicycles, and other mechanical equipment may be parked
only in such space as may be assigned to Resident and are not too be washed, disassembled or
repaired on or near the premises. This rental agreement provides no right of storage. Resident
must repair any vehicle leaking oil or other fluid or move the vehicle to the street. Landlord shall
have the option to tow away such vehicle at Resident’s sole cost and expense. Resident shall
promptly pay for any damage any such vehicle may cause to the premises.
18. USE OF PREMISES
All activities of Resident or those of his guests or occupants are to be conducted in a quiet and
dignified manner so as not to annoy or disturb other residents or neighbors, or cause a nuisance
in any way. Resident agrees not to use the premises for any commercial enterprise or for any
purpose which is unlawful, against city ordinances, or which would injure the reputation of the
building or its occupants in any way. Resident shall neither do nor keep anything in or about the
premises that would obstruct the public spaces available to other residents or neighbors.
Lounging or loitering on the front steps or in common areas which interferes with the
convenience of other residents or neighbors is prohibited.
19. YOU as Landlord
YOU shall be considered Landlord of the premises, shall be authorized to accept legal service on
behalf of the owner, and shall be authorized to prosecute Unlawful Detainer actions in owner’s
name.
20. LEGAL CONFLICT
Any provision or covenant of this agreement which may conflict with the laws of the State of
California shall be void to the extent that it conflicts with such laws, but shall neither invalidate
this agreement nor any part thereof.
21. LEGAL FEES, COSTS
Landlord may recover from Resident any costs and legal fees for any action necessary to enforce
any terms of this rental agreement or to recover possession of the premises.
22. LIABILITY
The undersigned Residents, whether or not in actual possession of the premises, are jointly and
severally liable for all rent incurred during the term of this agreement and for all damages to the
premises caused or permitted by Residents, their guests and invitees.
AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT
REFLECTING ON YOUR CREDIT RECORD MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF
YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIIT OBLIGATIONS.
23. SMOKE DETECTORS
The premises are equipped with a smoke detection device and:
A) Resident acknowledges that the smoke detector was tested and its operation explained by
Landlord or Landlord’s Agent in the presence of Resident at the time of initial occupancy and
that the smoke detector was in proper working order at the time.
B) Resident shall perform the manufacturer’s recommended test to determine if the smoke
detector is operating properly at least once a week.
C) INITIAL ONLY IF BATTERY OPERATED: By initialing as provided, Resident understands that said
smoke detector and alarm is a battery-operated unit and that Resident is responsible for:
1) Ensuring that the battery is in operating condition at all times.
2) Replacing the battery as needed.
3) Informing Landlord or Landlord’s Agent immediately in writing if, after replacing the battery,
the smoke detector does not work.
D) Resident must inform Landlord or Landlord’s Agent immediately, in writing, of any defect,
malfunction or failure of any detector.
24. ASBESTOS
Residential housing built before 1978 commonly has asbestos. Landlord discloses to Resident
that asbestos-containing building materials (ACBM) may be present in the following portions of
the premises: (i) decorative sprayed-on ceiling material, (ii) drywall joint compound (mud), vinyl
floor covering and vinyl adhesive. The asbestos-containing material is in good condition and
poses no health hazard so long as the asbestos-containing material remains in good condition.
Resident and Resident’s guests shall at all times comply with such rules and regulations as
Landlord from time to time may prescribe regarding ACBM, including but not limited to the
following:
A) Resident shall neither take nor permit to be taken any action which in any way damages,
changes, alters, or disturbs the decorative sprayed-on ceiling material, including but not limited
to: (i) piercing or abrading the surface of the ceiling by drilling or any other method, (ii) throwing
or bouncing objects off the ceiling.
B) Resident shall neither take nor permit to be taken any which in any way damages, changes,
alters, or disturbs the kitchen and bathroom vinyl floor covering, including but not limited to: (i)
piercing or abrading the surface of the floor covering by drilling or any other method, (ii)
attaching any fixtures to the floor, or (iii) replacing or repairing the floor covering.
C) Resident shall notify Landlord or Landlord’s Agent immediately in writing of any damage to or
deterioration of decorative sprayed-on ceiling material, kitchen and bathroom floor covering,
including without limitation abraded, cracked, delaminated or loose finishes, flooding, or undue
wetting.
25. TELEVISION
Nothing in this rental agreement shall be construed to grant Resident any right to enter upon
any portion of the roof of said premises for any purpose whatsoever without Landlord’s consent
in writing first hand and obtained. NOR SHALL RESIDENT ENTER INTO ANY CONTRACTUAL
AGREEMENT WITH A SATELLITE TV COMPANY.
26. RULES AND REGULATIONS
Resident and all persons in or about the premises with Resident’s permission shall comply with
all the Rules and Regulations Landlord makes and, from time to time, serves upon Resident. Any
such Rules and Regulations shall be deemed incorporated herein by reference. Landlord shall
not be obligated to enforce any initial such Rules and Regulations or terms of any other
agreement , and Landlord shall not be liable to Resident for any violation of such Rules and
Regulations or agreement by any other resident or person.
27. IF APPLICABLE
By initialing as provided, Resident acknowledges receipt of a copy of the Addendum initialed
below and has read it. A copy of the Addendum is attached hereto and is incorporated herein by
reference as though fully set forth at length. Said Addendum shall be deemed covenants of this
agreement.
__________ A) Check-in/Check-out List Addendum
__________ B) Pet Addendum
__________ C) Co-signer Addendum
28. LEAD DISCLOSURE (for premises built prior to 1978)
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, Landlord must disclose the
presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Renters
must also receive a federally approved pamphlet on lead poisoning prevention.

LANDLORD’S DISCLOSURE
__________ Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in
the premises. Landlord has no reports or records pertaining to lead-based paint and/or lead-
based hazards in the premises.
__________ See attached (a separate form is attached disclosing Landlord’s information).

RESIDENT’S ACKNOWLEDGEMENT
__________ Resident has received the pamphlet Protect Your Family from Lead in Your Home.

__________ Resident agrees to promptly notify Landlord in writing of any deteriorated and/or
peeling paint.
29. VENTILATION OF PREMISES
Resident acknowledges that:
A) Moisture can accumulate inside the premises if it is not regularly aired out.
B) Allowing moisture to accumulate can cause mildew and mold to grow.
C) It is important that Resident regularly allows air to circulate by using bathroom and ceiling
fans where available, and by regularly opening windows and sliding doors.
D) Mold and mildew can grow even if only a small amount of moisture builds up.
E) Resident will clean up any mold and mildew with a household cleaner.
F) Resident will immediately notify Landlord or designated maintenance person (see H below)
about any plumbing leaks.
G) If air is allowed to circulate in the premises, mold and mildew should not grow. However, if
Resident allows moisture to accumulate, mold may grow. If Resident notices mold growing in
the premises, Resident will immediately notify Landlord or designated maintenance person.
H) Designated maintenance person is:
NAME, ADDRESS, PHONE NO.
30. RENTAL APPLICATION
All statements in Resident’s rental application must be true. Untrue statements will constitute a
material breach of this rental agreement.
31. GENERAL PROVISIONS
Landlord’s failure to exercise any right under this rental agreement or Landlord’s acceptance of
rent after a default by Resident shall in no way waive such default or affect any notice given or
affect any legal proceeding. If any of the provisions of this rental agreement should be held
invalid or in violation of the law, all other terms and provisions of this rental agreement shall
nevertheless remain in full force and effect. This rental agreement constitutes the entire
agreement between the parties and shall not be altered, changed, or modified except in writing
signed by both parties. Verbal agreements or understandings shall have no effect or force
whatsoever.
32. OTHER

NOTICE: The California Department of Justice, sheriff’s departments, police departments serving
jurisdictions of 200,000 or more, and many other local law enforcement authorities maintain for
public access a database of the locations of persons required to register pursuant to paragraph
(1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly
basis and is a source of information about the presence of these individuals in any
neighborhood. The Department of Justice also maintains a Sex Offender Identification Line
through which one may inquire about individuals. This is a “900” telephone service. Callers must
have specific information about individuals they are checking. Information regarding
neighborhoods is unavailable through the “900” telephone service.

The parties agree to the above terms and conditions as witnessed by the signatures of the parties on
this DAY day of MONTH YEAR.

LANDLORD RESIDENT(S)

______________________________ ______________________________
YOUR NAME RESIDENT’S NAME

______________________________
RESIDENT’S NAME

______________________________
RESIDENT’S NAME

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