--- type: lease category: lease person: Yanxin Lu, Xuewei Jiang date: 2020-11-17 source: "[[adler_2020_lease.pdf]]" --- # Fixed Term Residential Lease Agreement - The Adler Apartments, Los Angeles CA (2020) **The Adler Apartments** This Fixed Term Residential Lease Agreement ("Lease") is entered into this **17th** day of **November, 2020**, by and between **USEF RWS 11950 Idaho LLC** ("Landlord") dba, **The Adler Apartments** and **Yanxin Lu and Xuewei Jiang** (collectively, "Tenant(s)") to rent the premises located at: **11950 Idaho Avenue #113, Los Angeles, CA 90025**, including all appliances and furniture furnished therewith (collectively, the "Premises"). ## Key Lease Terms **1. Term:** The term of this Lease is for a period of **1 year** commencing on **November 21, 2020** (the "Commencement Date") and thereafter expiring on **November 20, 2021** (the "Expiration Date"). Renewal of the Term shall be as described in Paragraph 40 herein. **2. Rent:** Tenant(s) shall pay monthly "Base Rent" of **$3,280.00** plus a Code Enforcement surcharge of **$3.61** pursuant to the Los Angeles Housing Department Code Fee Addendum attached hereto for a total monthly payment of **$3,283.61** to The Adler Apartments on the **1st** day of each month. (Should the term commence on a day other than the 1st, then Tenant(s) shall pay first month's Rent prior to move-in, and Tenant(s) shall pay a prorated amount of **$-405.47** for the second month's rent on the 1st day of second month). Rent payments shall be made by the following method(s): **Certified Funds or Checks and delivered to: The Adler Apartments 11950 Idaho Avenue, Los Angeles, CA 90025, (310) 826-3100, Mon. - Sun. 9am-6pm.** All additional fees, charges and other sums Tenant(s) shall pay Landlord under this Lease are "Additional Rent." Additional rent includes, but is not limited to, pet rent, utility charges, returned check fees and late fees. Pursuant to Cal Civil Code 1479, Landlord may, without notice to Tenant(s), apply any payments that Landlord receives from Tenant(s) to any outstanding charges. **3. Late Charge:** If Tenant(s) fails to pay Tenant(s)'s entire outstanding rent balance in full by the close of business on the **3rd** day of the month, Tenant(s) shall pay a Late Charge of **5%** of the Rent due as Additional Rent. If Landlord elects to accept Rent after the Late Charge is incurred, payment in a form other than by personal check may be required. Payment of Rent in full on the **1st** day of each month is of the essence and failure to pay by the **1st** shall subject Tenant(s) to immediate service of a three-day notice to pay or quit. Returned check charge of **$25.00** for the first returned check and **$35.00** for any subsequent returned check. **4. Security Deposit:** Tenant(s) shall deposit with Landlord a Security Deposit of **$1,000.00** as security for performance of the Lease (Total of all deposits not to exceed two (2) months' Rent for an unfurnished or three (3) months' Rent for a furnished unit). If the Premises are covered by the Los Angeles City Rent Stabilization Ordinance, Landlord shall annually credit Tenant(s) with interest on all security deposits held for at least one (1) year for Tenant(s). **5. Utilities:** Tenant(s) shall pay for all utilities, services and charges applicable to the Premises. If utilities are separately metered, Tenant(s) shall place utilities in Tenant(s)' name as of the Commencement Date. If any utilities are not separately metered, Tenant(s) shall pay Tenant(s)' proportional share, pursuant to the attached Utilities Allocation Addendum. **6. Use and Occupancy:** - a. The Premises shall be used solely for private residential purposes by the Tenant(s) listed herein. - b. Tenant(s) shall not permit guests or invitees to violate any law, statute, or ordinance. - c. Tenant(s) may have overnight guests for no more than **7 nights** in any month. - d. The Premises may not be used for any commercial use or in any commercial advertising capacity. - e. Tenant(s) shall not repair or do maintenance work of any kind on any vehicle on the Premises. - f. Tenant(s) shall not annoy, molest or interfere with any other tenants or occupants. - g. Tenant agrees to comply with all rules and regulations in the attached House Rules and Regulations Addendum. **7. No Assignment, Subletting and Transfer by Tenant(s):** Tenant(s)' interest in the Premises and this Lease may not be assigned, sublet or otherwise transferred without the express written consent of Landlord. Tenant(s) may not advertise the Premises on HomeAway, VRBO, Airbnb, FlipKey, Couchsurfing, Craigslist, or any other advertisement or listing service. **8. No Pets, Water Beds or Barbeques:** Unless otherwise provided in California Civil Code Section 54.2 or 1940.5, Tenant(s) agrees that he/she will not, without Landlord's express consent in writing endorsed hereon, bring upon, keep, maintain or permit to be kept or maintained, in, on, or upon the Premises any dog, cat, bird, or other animal/pet, any waterbeds, or any barbeques or other open flame devices (except camping stoves). **9. Right of Entry:** Landlord and its agent(s) shall have the right to enter the Premises: (i) in case of emergency, (ii) for safety or maintenance inspections, (iii) to make necessary repairs, (iv) to supply necessary services, (v) to exhibit the dwelling, (vi) when Tenant(s) has abandoned or surrendered, (vii) pursuant to court order, or (viii) as otherwise provided by law. Entry will be made during normal business hours and Landlord shall give reasonable notice of no less than 24 hours pursuant to California Civil Code 1954. Tenant(s) agrees not to change or add any lock or locking device without the prior written consent of the Landlord. **10. Periodic Pest Control; Temporary Relocation:** Landlord has entered into a contract for periodic pest control treatment. Spraying includes regularly scheduled visits (up to once a week) by the exterminator in all exterior common areas. Tenant shall only be entitled to a rent credit for the period of time Tenant is required to vacate and only if Landlord does not provide alternate housing and Tenant was not the cause of the infestation. **11. Maintenance and Repairs:** Tenant(s) agrees to return the Premises to the Landlord in the same condition as it was received, ordinary wear and tear excepted. Tenant(s) shall be responsible at its expense, for keeping and maintaining the Premises in good, clean, sanitary condition and repair. Tenant(s) shall: - a. Use ordinary care in maintaining the Premises; - b. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls; - c. Keep all windows, glass, window coverings, doors, locks and hardware in good condition and repair; - d. Not obstruct or cover the windows or doors, keep them fully closed during rainy weather; - e. Not hang laundry from any window, rail, porch or balcony; not place oversized items (taller than 3 feet) on any patio or balcony; - f. Keep all air conditioning filters clean and free from dirt; - g. Be responsible for any water or plumbing damage from misuse of sinks, toilets, or bathtubs; - h. Properly use and operate any electrical, gas and plumbing fixtures and appliances; - i. Prevent guests or invitees from destroying, defacing, impaling or removing any part of the Premises; - j. Not occupy areas other than his/her Premises for purposes other than intended; - k. Deposit all trash in the locations provided. No alterations or repairs without Landlord's prior written consent, including satellite dishes, antennas, placing signs, painting, or using screws, large nails or adhesive materials. **12. Interruption of Services:** Landlord shall not be liable for any interruption of services or accommodations caused by Acts of God, strike, riot, orders of public authorities, illness or pandemic, acts of other tenants, accident, or any other cause beyond Landlord's control. **13. Effect of Damage or Destruction:** In the event of damage by fire, flood, earthquake, or other cause, Landlord shall have the option to: - a. Treat this Lease as continuing and repair or restore within thirty (30) days; or - b. Terminate this Lease and all further obligations; or - c. Reduce Rent proportionate to the area rendered unfit; or - d. If Tenant(s) causes the damage, Tenant(s) shall not have the right to terminate or receive a Rent reduction. **14. Limitation on Landlord's and Property Manager's Liability:** Neither Landlord nor property manager shall be liable for any injury or illness, including death, caused by any use of the Premises or common areas. IT IS UNDERSTOOD BY TENANT(S) THAT TENANT(S)' FURNITURE AND PERSONAL PROPERTY ARE NOT INSURED BY LANDLORD. IT IS STRONGLY RECOMMENDED THAT TENANT(S) PURCHASE A RENTER'S INSURANCE POLICY. **15. Material Defaults:** The following events constitute material default: - a. Abandonment of the Premises (Rent unpaid for 14+ consecutive days and absent for 14+ consecutive days); - b. Failure to make any payment of rent as and when due; - c. Single violation of the Crime-Free/Drug Free Addendum; - d. Failure to observe or perform any covenants or provisions (3 days to cure after written notice); - e. Discovery that any portion of the rental application was materially false. **16. Remedies:** In the event of any material default or breach, Landlord may terminate Tenant(s)' right to possession by any lawful means. In the event of termination, Landlord may recover from Tenant(s) the amount provided in California Civil Code Section 1951.2. **Arbitration of Any Disputes:** Except for (i) Unlawful Detainer actions, (ii) personal injury actions, (iii) actions capable of being adjudicated in Small Claims Court, and (iv) any issue concerning class/collective/representative arbitration or action waivers, any claims for any disputes shall be submitted to and decided by binding arbitration. Any arbitration shall be held in the city and state where the Premises are located in accordance with the American Arbitration Association rules for a single arbitrator. TENANT(S) BY INITIALING BELOW AGREES TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW, AND WAIVES ANY RIGHTS TENANT(S) MAY POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT, TO JURY TRIAL. --- ## Addenda ### House Rules - Lockout fee: **$75** - No visiting pets - Smoking prohibited in common areas - Quiet hours: **10pm-8am** ### Pest Control Notification Addendum Extensive list of chemicals used in pest control at the property. ### Crime/Drug Free Housing Addendum Standard crime-free housing addendum per California law (CA Civil Code sections 1941-1942.1). ### California Proposition 65 Warning Warning regarding exposure to chemicals known to the State of California to cause cancer and reproductive harm. ### No Security Representations Landlord makes no representations regarding security of the premises. ### Key/Smart Card Issuance | Item | Quantity | Replacement Cost | |---|---|---| | Apartment keys | 2 | $10 each | | Perimeter keys | 2 | $100 each | | Mailbox keys | 2 | $10 each | ### LA Housing Department Code Fee $**3.61**/month surcharge. ### Bed Bugs Addendum Standard bed bug disclosure and prevention addendum. ### COVID-19 Addendum Dated **November 17, 2020**. COVID-specific lease provisions. ### Insurance Addendum **$100,000** personal liability insurance required via Assurant Specialty Property or own choice. ### Mildew/Mold/Fungus Addendum Standard mold prevention and notification requirements. ### Utility Allocation Addendum | Utility | Method | |---|---| | Water | Submetered by **Conservice** | | Gas/Energy | Allocated | | Pest Control | $**2.00**/month flat | | Trash Removal | Allocated | | Electric | Direct (tenant responsibility) | | Monthly billing fee | $**3.75** | | Late fee | $**7.00** | | Account processing fee | $**1.95** | **N.** Gas to heat water: Allocated based on occupancy formula (1 resident = 1 occupant, 2 residents = 1.6, additional = +0.3). **O.** Trash: Allocated by square footage vs total occupied square footage. **P.** Pest control: Flat rate of $2.00/month. **Q.** Tenant shall promptly contact local gas and/or electric utility(ies) to establish account. $**25.00** charge per month if not timely established. **R.** Monthly billing fee of $**3.75** for water, sewer, gas, pest control, trash charges. One-time account processing fee of $**1.95** on final bill. **S.** Billing methods may be changed by Landlord with 30 days prior written notice. **T.** Bills sent to Tenant by **Conservice**, a third party billing provider. **U.** Late payment fee: $**7.00**. ### Pet Addendum (Separate document - see [[adler_2020_pet_addendum.pdf]]) - Additional rent: $**35.00**/month - Pet deposit: $**500.00** - Max weight: **15 pounds** --- ## Signatures - **Yanxin Lu** (Tenant) - Signed Wed Nov 18 2020 03:00:12 PM PST, Key: 194B3971, IP: 163.114.132.3 - **Xuewei Jiang** (Tenant) - Signed Wed Nov 18 2020 02:41:53 PM PST, Key: 2FD8ABDB, IP: 76.174.188.221 - **Eduardo Garcia** (Landlord/Landlord's Agent) - Signed Wed Nov 25 2020 12:55:43 PM PST, Key: E1CB760D, IP: 45.50.166.224 **Managed by:** R.W. Selby and Co., Inc.