dc66e42ec4
Categories now match folder names (15 canonical values). Types normalized to 25 canonical values per VAULT_MAP.md spec. Context-aware mapping: W-2s→tax-form, lease files→lease, vet records→vet, etc.
514 lines
49 KiB
Markdown
514 lines
49 KiB
Markdown
---
|
|
type: lease
|
|
category: lease
|
|
person: Hao Chen, Yanxin Lu
|
|
date: 2019-11-13
|
|
source: "[[meadows_2019_lease.pdf]]"
|
|
---
|
|
|
|
# Residential Lease/Rental Agreement - The Meadows, Sunnyvale CA
|
|
|
|
**Dated 11/13/2019**
|
|
DocuSign Envelope ID: E42AC28E-1D00-4645-813C-7B3A590A0E2B
|
|
|
|
## A. Variable Lease Terms
|
|
|
|
| Field | Value |
|
|
|---|---|
|
|
| Residence Description | Part of a multi-family residential community known as: |
|
|
| Unit Number | #K2087 |
|
|
| Unit Type | 2 Bedroom |
|
|
| Unit Address | 1000 Escalon Ave #K2087 |
|
|
| County | Santa Clara County |
|
|
| City | Sunnyvale |
|
|
| State | CA |
|
|
| Zip | 94085-4125 |
|
|
| Commencement Date | 12/28/2019 |
|
|
| Termination Date | 12/27/2020 |
|
|
|
|
### Early Termination Option
|
|
Resident has been granted an **Early Termination Option**. To exercise this option, Resident must pay an Early Termination Option Fee of **$3555.00** and give notice of Resident's election to exercise the option at least 30 days before the Early Termination Date. The Early Termination Date must be between 12/28/2019 and 12/27/2020. Landlord may require Resident to sign additional documentation if Resident elects to exercise Resident's early termination option.
|
|
|
|
After the Termination Date, this Agreement will continue on a month-to-month basis until terminated as specified elsewhere in this Agreement. (Checked)
|
|
|
|
### Residents
|
|
- **Hao Chen**
|
|
- **Yanxin Lu**
|
|
|
|
### List of All Occupants
|
|
- Hao Chen
|
|
- Yanxin Lu
|
|
|
|
**Guarantor(s):** .
|
|
|
|
**Landlord Name:** The Meadows
|
|
|
|
**Property Manager:** Yamaoka Associates, Inc. 1307 S Mary Ave Ste 110, Sunnyvale, CA 94087-3071
|
|
|
|
### Monthly Rent
|
|
|
|
| Item | Amount |
|
|
|---|---|
|
|
| Base Rent | $3,530.00 |
|
|
| Garage/Parking Space No. | Carport 217 |
|
|
| Monthly Garage/Parking Rent | $0.00 |
|
|
| Monthly Storage Space Rent | $0 |
|
|
| Monthly Pet Rent | $25.00 |
|
|
| **Total Monthly Rent** | **$3,555.00** |
|
|
|
|
**Late Charge:** $50.00 (Applied if payments have not been received within 5 days of their due date): 1st
|
|
|
|
**Security Deposit:** $600.00
|
|
|
|
### Payment Instructions
|
|
All amounts due Landlord are payable to The Meadows at 1000 Escalon Ave, Sunnyvale, CA 94085-4125. Payment must be made by: Money Order (checked), Cashiers Check (checked), ACH (checked), Personal Check (checked) - No personal checks will be accepted after the 5th day of the month or in response to a notice to pay rent or quit or a notice to perform covenant or quit requiring payment. The normal hours available to make payments in person are from 9:00 AM to 6:00 PM, on all non-holiday Weekdays and Saturdays, and 12:00 PM to 6:00 PM on Sundays. A twenty-four hour, seven days a week rent payment drop box is available at the address above.
|
|
|
|
Landlord may, but is not required, to accept payments electronically or by credit card, either directly or through a third party payment service system.
|
|
|
|
### Miscellaneous Information
|
|
|
|
**Pets:** (checked) The following pets are authorized:
|
|
|
|
| Pet Name | Type | Description |
|
|
|---|---|---|
|
|
| Argo | Cat | |
|
|
|
|
**Attorney's Fee Cap:** $1000
|
|
|
|
**Landscape Watering by:** Landlord (checked)
|
|
**Landscape Maintenance by:** Landlord (checked)
|
|
|
|
### Access Control Devices
|
|
1 entry key, 1 mailbox key, 1 common area key per lease signer, and 1 key fob per lease signer.
|
|
|
|
Replacement keys will cost $5 each for entry/mailbox and $50 each for common area keys/fobs.
|
|
|
|
### Automobiles
|
|
Vehicles may not be washed on the Property. Oil changing and automobile repairs are not allowed on the Property. Bar-B-Que grills are not allowed.
|
|
|
|
### Renter's Insurance
|
|
(Checked) You are required to obtain and maintain a policy with minimum liability of $100,000 per occurrence and a maximum deductible of $1500. Landlord reserves the right but not the obligation to bind coverage at resident's expense.
|
|
|
|
### Marijuana
|
|
(Checked) You may not smoke, plant, cultivate, harvest, transport, dry or process, marijuana or cannabis products in the Residence or Property.
|
|
(Checked) You may possess processed cannabis products, but only as allowed by law.
|
|
|
|
### Designated Smoke-Free Areas
|
|
- The Residence (checked)
|
|
- All Common Areas (checked)
|
|
- The Residence balcony/patio (checked)
|
|
- Parking Area/Lots (checked)
|
|
|
|
---
|
|
|
|
## Disclosures and Property Information
|
|
|
|
### Lead-Based Paint
|
|
Not checked (residence not built before 1978). Landlord has no knowledge of lead-based paint hazards (checked).
|
|
|
|
### Asbestos
|
|
Not checked.
|
|
|
|
### Flood Disclosures
|
|
Not checked.
|
|
|
|
### Proposition 65 Warning
|
|
YOU MAY BE EXPOSED AT THE PROPERTY TO CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS, AND OTHER REPRODUCTIVE HARM. THESE CHEMICALS MAY BE CONTAINED IN EMISSIONS AND FUMES FROM BUILDING MATERIALS, PRODUCTS AND MATERIALS USED TO MAINTAIN THE PROPERTY, AND EMISSIONS, FUMES, AND SMOKE FROM RESIDENT AND GUEST ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE USE OF MOTOR VEHICLES, BARBECUES, AND TOBACCO PRODUCTS. THESE CHEMICALS MAY INCLUDE, BUT ARE NOT LIMITED TO CARBON MONOXIDE, FORMALDEHYDE, TOBACCO SMOKE, NICOTINE, GASOLINE AND DIESEL ENGINE EXHAUST, SOOTS, TARS, AND MINERAL OILS.
|
|
|
|
### Pest Control
|
|
(Checked) Pesticides are periodically applied to the Residence (checked) and units near the Residence (checked) and common areas. They are applied by a registered structural pest control company (checked) and Landlord or Landlord's agents.
|
|
|
|
Pest control company: A Pro Pest Control, Inc. telephone number: 408-559-0933.
|
|
Health Questions: County Health Department, telephone number: 408-793-6200.
|
|
Application Information: County Agricultural Commissioner, telephone number: 408-918-4600.
|
|
|
|
---
|
|
|
|
## Utilities
|
|
|
|
| Utility | Customer of Record | Charged to Resident? | Calculation Method | Common Areas |
|
|
|---|---|---|---|---|
|
|
| Gas | Landlord (checked) | Yes (checked) | None - Landlord expense (checked) | Separately metered and not charged to Resident |
|
|
| Electricity | Resident (checked) | Yes (checked) | Direct billing from utility (checked) | Separately metered and not charged to Resident |
|
|
| Water | Landlord (checked) | No (checked) | None - Landlord expense (checked) | Not separately metered and not charged to Resident (checked) |
|
|
| Sewer | Landlord (checked) | No (checked) | None - Landlord expense (checked) | Billed separately to property owner and not charged to Resident (checked) |
|
|
| Trash | Landlord (checked) | No (checked) | None - Landlord expense (checked) | Billed separately to property owner and not charged to Resident (checked) |
|
|
| Cable | Resident (checked) | Yes (checked) | Direct billing from utility (checked) | |
|
|
|
|
### Amounts Due
|
|
|
|
| Category | Total Due | Balance Date Due |
|
|
|---|---|---|
|
|
| Security Deposit | $0.00 | 12/28/2019 |
|
|
|
|
### Concession Agreement
|
|
If Resident vacates prior to 12/27/2020 and opts to exercise the early termination fee, Resident agrees to reimburse Landlord for the entire concession amount prior to vacating: $0.00
|
|
|
|
### Agreement Addenda and Other Written Materials Provided to Resident
|
|
- Move In Move Out Checklist (checked)
|
|
- Pesticide Notice (checked)
|
|
- Proposition 65 Brochure (checked)
|
|
|
|
Created on 11/13/2019
|
|
|
|
---
|
|
|
|
## B. Definitions
|
|
|
|
**Agreement:** This Residential Lease/Rental Agreement.
|
|
|
|
**Landlord's Related Parties:** The Property Manager and the respective officers, directors, managers, members, partners, shareholders, employees, affiliates, agents and representatives of both Landlord and Property Manager.
|
|
|
|
**Resident's Related Parties:** Other Co-Residents, Occupants, members of your household, your family, guests, agents and others under your control.
|
|
|
|
**Residence:** The Residence is identified in the Variable Lease Term section, and includes all appliances, furniture and fixtures that we provide to you ("Personal Property"). The appliances and furniture are described in the Move In Move Out Checklist.
|
|
|
|
**Property:** If the Residence is a unit in a multi-family complex, the Residence and the complex are collectively referred to as "the Property." If the residence is a single family residence, "the Property" refers to the Residence alone.
|
|
|
|
---
|
|
|
|
## C. Primary Agreement Terms
|
|
|
|
**1. Parties.** This Agreement is entered into between Landlord and Resident(s). Landlord may be identified in this Agreement as "we" or "us." Resident(s) may collectively be referred to in this Agreement as "you."
|
|
|
|
**2. Agreement.** You rent the Residence from us.
|
|
|
|
**3. Term.** The Agreement term will begin on the Commencement Date and continue until the Termination Date. Note that this Agreement contains provisions that could alter the Term.
|
|
|
|
If the Variable Lease Term section **is checked** to indicate an automatic continuance of the Agreement on a month-to-month basis after the Termination Date, the Agreement will continue after the Termination Date until either party terminates the Agreement by giving the other party at least thirty (30) days' written notice, or as otherwise specified by law.
|
|
|
|
If the Variable Lease Term section **is checked** to indicate an automatic continuance of the Agreement on a month-to-month basis after the Termination Date, and if you would like to vacate on the Termination Date, you must give at least thirty (30) days' advance written notice of intent to terminate on the Termination Date.
|
|
|
|
---
|
|
|
|
## D. Payments
|
|
|
|
**4. Rent.** You must pay us the Base Rent amount specified in the Variable Lease Term section of this Agreement. Certain additional amounts due to us are also specified in the Variable Lease Term section. All additional amounts due under this Agreement will be deemed Additional Rent. Collectively, Base Rent and Additional Rent are referred to as "Rent." We reserve our right under Civil Code Section 1479 to apply any payments that we receive to any amounts due (whether Rent, late fees or any other Additional Rent amount) in any manner that we choose. Unless otherwise specified in this Agreement, all amounts are payable in advance, on the first day of each calendar month, without demand, setoff or deduction. The daily value of the Residence will be calculated based on a 30-day month.
|
|
|
|
**5. Payment Detail.** Payment instructions (including forms of payment accepted, to whom payments are to be made), are specified in the Variable Lease Term section. Any payments made by mail or placed in a drop box are made at your risk and must be received by us on or before the due date. You will incur a $35.00 fee for any payment that is dishonored. After receiving any dishonored payment (whether under this agreement or any other), we reserve the right to require all further payments from you to be made by money order, certified check or cashier's check.
|
|
|
|
We may, but are not required to, accept payments electronically or by credit card, either directly or through a third party payment service system.
|
|
|
|
**6. Security Deposit.** We will hold the Security Deposit in compliance with California Civil Code Section 1950.5. We will fully refund it to you if you comply with all of your rental obligations. Unless required by law, we will not hold the Security Deposit in trust, deposit it in a segregated account, invest it in an interest-bearing account, nor pay you any interest on the Security Deposit.
|
|
|
|
Within 21 days after you return possession of the Residence to us, we will provide you with a refund of any amounts due to you from the Security Deposit, plus an accounting of how we have used any portion of the Security Deposit that we have retained. If the Security Deposit is insufficient to satisfy the total charges, we will send to you an itemized bill payable on demand. Any Security Deposit refund may be paid by one check jointly payable to all Residents but delivered to only one Resident at the last known address of any Resident.
|
|
|
|
**7. Late Charges and Default Interest.** You will be obligated to pay to us the Late Charge if you fail to pay any amount due under this Agreement within the time period specified in the Variable Lease Term section. You agree that it would be impractical or extremely difficult to fix the actual damage to us and that the Late Charge of $50.00 is a reasonable estimate of the actual damages that the parties reasonably believe would occur as a result of late payment.
|
|
|
|
**8. Failure to Make All Payments Due Before the Commencement Date.** If you fail to make all payments specified in the section entitled "Initial Amount Due" before the specified date:
|
|
- We have no obligation to give you possession of the Residence; and
|
|
- We may rescind this Agreement and keep any portion of funds that you have paid (if any) necessary to compensate us for your breach of this Agreement.
|
|
|
|
---
|
|
|
|
## E. Additional Agreement Terms
|
|
|
|
**9. Appliances.** Use all appliances in the Residence in a safe manner and only as intended. Do not overload dishwashers and use only detergents made for automatic dishwashers. Turn on cold water before starting the garbage disposal, do not overload the disposal, and do not grind bones or other hard objects, rinds, sticky or stringy foods, or put an excessive volume of material in the garbage disposal. To avoid clogs for which you will be responsible, do not put paper towels, diapers, sanitary napkins, food, baby wipes, moist towelettes or wipes (even if advertised as flushable), cotton swabs, non-flushable clumping kitty litter, or other items that are not meant to be flushed in the toilets, and do not pour grease down the drain. You will be responsible for blockages that you cause. If the Residence does not have a frost free refrigerator, defrost the refrigerator when there is approximately one inch of frost. Do not use sharp objects to defrost the freezer. If the Residence is equipped with a washer/dryer, clean the lint filter after every load and periodically inspect the dryer vent duct to ensure it has not become detached, blocked, kinked, or crushed.
|
|
|
|
You must obtain our written consent before installing any washer, dryer, refrigerator with water dispenser or icemaker. If we grant consent, it may be granted conditionally.
|
|
|
|
**10. Assignment, Subletting and Transfer by Resident.** Your interest in the Residence and this Agreement may not be assigned, sublet or otherwise transferred. Any assignment, subletting or transfer (whether by your voluntary act, operation of law, or otherwise), will be void, and we may elect to treat it as a non-curable breach of this Agreement.
|
|
|
|
**11. Assignment by Landlord.** During your tenancy, we may transfer or encumber our interest in the Property.
|
|
|
|
**12. Automobile Wash and Repair.** If permitted on the Property, automobile washing and oil changing may be done only in designated areas.
|
|
|
|
**13. Balconies, Patios and Windows.** Please do not shake or hang rugs, towels and clothing from any window, ledge or balcony. Do not put plants or other items on balcony or patio walls. If your balcony or patio is visible from outside your Residence, do not keep anything on it other than patio furniture. Do not nail, screw or attach anything to the structure of the building or railings without our written consent.
|
|
|
|
**14. Barbeque Grills.** If allowed on the Property, barbeque grills may be used only in designated areas, and only in compliance with applicable laws.
|
|
|
|
**15. Bedbugs and Pests.**
|
|
|
|
### Information about Bed Bugs
|
|
|
|
Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.
|
|
|
|
Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months without feeding.
|
|
|
|
Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten.
|
|
|
|
Common signs and symptoms of a possible bed bug infestation:
|
|
- Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
|
|
- Molted bed bug skins, white, sticky eggs, or empty eggshells.
|
|
- Very heavily infested areas may have a characteristically sweet odor.
|
|
- Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping.
|
|
|
|
Please report suspected bed bug infestations to us by contacting the leasing office (if any) or the property manager identified on the first page of this Agreement.
|
|
|
|
"Pests" include (but are not limited to) ants, bed bugs, cockroaches, fleas, mites, spiders, termites, mice, rats, other vermin and insects. We have inspected the Residence and are unaware of any pests in the Residence. At move-in, you will complete and sign a Move-In/Move-Out Statement documenting the condition of the Residence.
|
|
|
|
You agree to cooperate with our pest control efforts by:
|
|
- Keeping the Residence clean and uncluttered;
|
|
- Promptly advising us of any pest control needs, or any condition indicating a bed bug infestation in the Residence or Property;
|
|
- Refraining from bringing bed bugs and other pests into the Residence and the Property, and inspecting all luggage, bedding, clothing, and personal property for bed bugs and other pests before move-in, returning home after traveling and/or bringing new items to the Residence;
|
|
- Refraining from bringing into the Residence discarded furniture (found in or by a dumpster or elsewhere). Furniture may have been discarded because of a bed bug infestation;
|
|
- Providing us with access to Residence for our pest control assessments and pest control treatment;
|
|
- Cooperating with inspections to facilitate the detection and treatment of pests including providing requested information that is necessary to facilitate the detection and treatment of pests;
|
|
- Following our instructions to prepare the Residence for pest control treatment and/or vacating the Residence when for our pest control efforts;
|
|
- Upon our request, promptly providing us with copies of all records, documents, sampling data and other materials relating to the condition of the Residence.
|
|
|
|
**16. Bicycles, Skateboards, Scooters, Rollerblades and Skates.** Pedestrians have the right of way on all sidewalks, walkways and other pedestrian areas throughout the Property.
|
|
|
|
**17. Common Area Amenities.** If the Residence is part of a multi-family residential complex, various services, equipment and facilities ("Common Area Amenities") may be provided for your use at your own risk. Common Area Amenities include all areas and facilities outside of the Residence, within the Property, that are provided and designated by us for the general non-exclusive use of Property residents. Use of Common Area Amenities is subject to the restrictions described in rules or instructions at the Property.
|
|
|
|
**18. Conduct and Compliance with Agreement, Law and Rules.** You are responsible for your own actions, and the actions of your Related Parties. Violation of this Agreement, and said activity shall be grounds for termination of this Agreement with a three (3) day notice to quit. You and the others for which you are responsible:
|
|
- May not harass, annoy, endanger any other Resident or person, create or maintain a nuisance, disturb the peace, solitude or quiet enjoyment of any other Resident, or commit waste in or about the Residence;
|
|
- Must comply with all Landlord rules, regulations and instructions;
|
|
- Must notify us in writing of any dangerous condition, deterioration or damage to the Residence and Property;
|
|
- Are responsible for damage to the Residence and Property caused by the action or inaction of you and your Related Parties.
|
|
|
|
**19. Construction.** If specified above in the Variable Agreement Term section, construction is ongoing at the Property.
|
|
|
|
**20. Continuing Liability.** If you vacate the Residence, or this Agreement is terminated, this will not relieve you of any obligation to pay or reimburse sums to us or to indemnify or hold harmless or defend us from any loss or claim.
|
|
|
|
**21. Crime-Free Community.** You and your Related Parties:
|
|
- May not engage in criminal activity on or near your Residence or the Property;
|
|
- May not permit your Residence or the Property to be used to facilitate criminal activity;
|
|
- May not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance as defined in Health & Safety Code Section 11350, et seq.;
|
|
- "Criminal activity" is any activity in violation of laws, ordinances and requirements of city, county, state and federal authorities, including: prostitution, criminal street gang activity, assault and battery, burglary, unlawful use and discharge of firearms, sexual offenses, drug-related criminal activity, or any breach of this Agreement that otherwise jeopardizes the health, safety and welfare of us, other residents or occupants of the Property or neighbors or involving imminent or actual serious property damage.
|
|
|
|
A single violation of any of the provisions above will be a material and non-curable breach of this Agreement and good cause for immediate termination of your tenancy.
|
|
|
|
**22. Damage to Residence.** If the Residence is significantly damaged or destroyed by fire, earthquake, accident or other casualty (by no fault of you) that renders the Residence uninhabitable, either you or Landlord may terminate this Agreement by giving the other written notice of election to terminate.
|
|
|
|
**23. Delay in Possession.** If we cannot deliver possession of the Residence to you on the Commencement Date for any reason, we will not be liable for the delay, nor will this affect this Agreement's validity.
|
|
|
|
**24. Disabilities - Reasonable Accommodation.** Notwithstanding any other provision under this Agreement, upon prior written permission and verification as required by HUD/DOJ guidelines, we agree (1) to allow you to make reasonable accessibility modifications to the Residence as required by law for people with disabilities; and (2) to provide reasonable accommodation as required by law to people with disabilities.
|
|
|
|
**25. Early Termination Option.** If indicated in the Variable Lease Term section, you have the option of amending this Agreement to terminate your tenancy before the Termination Date specified in the Variable Lease Term section. To exercise your Early Termination Option, you must deliver to us (1) a written notice stating that you have elected to exercise your Early Termination Option and identifying the Early Termination Date, and (2) the Early Termination Option Fee specified in the Variable Lease Term section. The Early Termination Date must be a date within the parameters described in the Variable Lease Term section of this Agreement.
|
|
|
|
**26. Entry.** We and our Related Parties will have the right to enter the Residence as allowed by law. We will give you written notice at least 24 hours before entry unless entry is due to (1) an emergency, (2) surrender or abandonment of the Residence, or (3) we have agreed to a date and time within a one week time period when we will enter to make repairs.
|
|
|
|
**27. Estoppel Certificates.** Within five (5) days of our written request, you must execute and deliver to us a written statement certifying that this Agreement is unmodified and in full force and effect.
|
|
|
|
**28. Furniture Moving.** We may designate times and methods for moving furniture and other household goods to or from the Residence.
|
|
|
|
**29. Garbage.** You must dispose of all garbage, waste and recyclable materials in designated containers and/or designated areas and in accordance with applicable law and our instructions.
|
|
|
|
**30. Guests.** You may have overnight guests for no more than 7 nights in any month, and no more than two overnight guests at a time unless we provide specific approval.
|
|
|
|
**31. Harassment.** Resident and people under Resident's control may not harass (sexually, physically or otherwise), verbally abuse, denigrate, otherwise disrespect or threaten Landlord or Landlord's Related Parties, and others at the Property.
|
|
|
|
**32. Insurance: Landlord and Landlord's Related Parties Do Not Insure Your Personal Property.** If indicated in the Variable Lease Term section, you are required to maintain a renter's insurance policy throughout your tenancy. Even if you are not required to maintain renter's insurance, we strongly recommend that you purchase a renter's insurance policy to protect yourself against personal injury and property damage, including losses from theft, fire, smoke, water damage, and vandalism.
|
|
|
|
If renter's insurance is required, you must maintain a renter's insurance policy (at your cost) protecting you against claims for bodily injury, personal injury and property damage arising out of your use, occupancy or maintenance of the Residence. The renter's insurance may be issued by any company of your choice, provided that the carrier is licensed or admitted to transact business in California, and maintains during the policy term a "General Policyholders Rating" of at least a B+, V, in the most current issue of "Best's Insurance Guide." We must be listed as an "interested party" under the insurance policy. Before the Commencement Date, you must deliver to us a certified copy of the insurance policy or certificates of insurance evidencing the existence and amounts of the required insurance.
|
|
|
|
If at any time Resident does not have or provide to Landlord evidence of Minimum Required Insurance, Resident is in breach of the Lease Agreement and Landlord shall have, in addition to any other rights under the Lease Agreement, the right but not the obligation to purchase Minimum Required Insurance coverage and seek reimbursement from the Resident in the form of a $25 Lease Violation Fee for all costs and administrative expenses associated with such purchase. No policy may be canceled or modified except after thirty days prior written notice to us (ten days for nonpayment). At least thirty days before the expiration of the policy, you must furnish us with evidence of renewal. The policy must be on an occurrence basis and have personal liability coverage in an amount specified in the Variable Lease Term section, with a deductible of no more than the amount specified in the Variable Lease Term section.
|
|
|
|
**33. Keys and Opening Devices.** Because we may need access to the Residence in case of an emergency, you may not change any locks or install additional security devices without our consent. Lock changes will be charged to you unless prohibited by applicable law. Typical costs for lock changes are $35 per lock per change. A complimentary Lock-Out service may be provided during office hours to lease signers who have appropriate identification. After-hours lock-out services cost $50 (may vary due to type of service required).
|
|
|
|
**34. Landscaping.** Landscaping will be maintained and watered by the parties as specified in the Variable Lease Term section.
|
|
|
|
**35. Laundry Facilities.** If laundry facilities are available at the Property, the laundry facilities are for the exclusive use by Property residents.
|
|
|
|
**36. Liability.** We will not be liable for any damage or injury to you or others, or to any property, occurring on the Property, except as otherwise provided by law.
|
|
|
|
**37. Maintenance, Alterations, and Residence Condition.** At the beginning of the tenancy, the parties will complete and sign a Move In Move Out Checklist form documenting the condition of the Residence. You agree to turn it completed to us within five (5) days of occupancy of the Residence. You must maintain the Residence in a clean, healthy, safe and sanitary condition. You shall promptly report to us the malfunction of any appliances or damage to any property or fixture in or about the Residence. You shall be responsible for the cost of the repairs or replacements to the Residence, its appurtenances, fixtures and equipment, and or the buildings and facilities when rendered necessary by the misuse or neglect by you, household members, employees, invitees, licensees, guests or any other persons who come upon the Residence with your consent, express or implied. Excessive items may not be stored or accumulate inside the Residence. Don't block windows or doors; they must be able to be fully opened. Maintain clear pathways into and through every room in the Residence. You may not paint, wall paper, add adhesive shelf liner, or make other alterations to the Residence without our prior written consent. You must maintain a temperature of at least 55 degrees F in the Residence to prevent the pipes from freezing.
|
|
|
|
**38. Maintenance Request.** Except in cases of emergency, all requests for repairs, and all notices regarding the condition of the Property must be made to us in writing or verbally directed to the leasing office only.
|
|
|
|
**39. Management.** The Property Manager identified in the Variable Lease Term section is authorized to manage the Residence on our behalf and is authorized to act on our behalf for the purpose of receiving service of process, notices, and demands.
|
|
|
|
**40. Military - Early Termination.** You may terminate this Agreement before the Termination Date specified on page 1 if:
|
|
- (i) You become a member of the Armed Forces of the United States after you enter into the Agreement; or
|
|
- (ii) You are or become a member of the Armed Forces of the United States and receive:
|
|
- Orders for a permanent change of station; or
|
|
- Orders to deploy for a period of at least 90 days.
|
|
|
|
You must give us written notice of termination, and the new termination date must be at least 30 days after the first date on which the next rental payment is due and payable.
|
|
|
|
**41. Mold.** Mold consists of naturally occurring microscopic organisms. Mold breaks down and feeds on organic material in the environment. When moldy materials are damaged or disturbed, mold spores and other materials may be released into the air. Exposure can occur through inhalation or direct contact. Most molds are not harmful to most people, but it is believed that certain types and amounts of mold may lead to adverse health effects in some people.
|
|
|
|
A certain amount of mold exists in every home. Controlling moisture and proper housekeeping are necessary to limit mold growth. We have inspected the Residence and are not aware of any mold problems or currently existing conditions that may contribute to mold growth in the Residence. You agree to maintain the Residence in a manner that prevents mold growth. You specifically agree to:
|
|
|
|
**Keep the Property Clean:**
|
|
- Maintain good housekeeping practices and regularly dust, vacuum and mop to keep the Residence free of dirt and debris that can contribute to mold growth
|
|
- Use household cleaners on hard surfaces
|
|
- Remove garbage regularly and remove moldy or rotting items promptly from the Residence
|
|
|
|
**Control Moisture in the Property and Increase Air Circulation:**
|
|
- Use hood vents when cooking
|
|
- Use exhaust fans when bathing/showering until moisture is removed from the bathroom
|
|
- Hang shower curtains inside the bathtub when showering or securely close shower doors
|
|
- Leave bathroom and shower doors open after use
|
|
- Use air conditioning, heating and fans as necessary to keep air circulating throughout the Residence
|
|
- Water all indoor plants outdoors
|
|
- Close windows and doors (when appropriate) to prevent rain and other outdoor water from coming inside the Residence
|
|
- Open windows when appropriate to increase air circulation
|
|
- Wipe up visible moisture
|
|
- If there is a washer in the Residence, periodically check the washer hose
|
|
- If a dryer is installed in the Residence, ensure that the vent is properly connected and clear of any obstructions and clean the lint screen regularly
|
|
- Ensure good air circulation in closets, cupboards and shelves by periodically keeping them open, not stacking items tightly, and/or using products to control moisture
|
|
|
|
**Periodically Inspect the Unit for Moisture and Mold:**
|
|
- Window frames, baseboards, walls and carpets
|
|
- The ceiling
|
|
- Any currently or formerly damp material made of cellulose
|
|
- Appliances (including washers/dryers/dishwashers and refrigerators)
|
|
- Around all plumbing fixtures
|
|
- Areas with limited air circulation such as closets, shelves and cupboards
|
|
- Personal property
|
|
|
|
**You Agree to Promptly Report to Us in Writing:**
|
|
- Visible or suspected mold that you do not clean
|
|
- Overflows or leaks around showers/bath/sink/toilet/washers/refrigerator/air conditioners
|
|
- Plumbing problems
|
|
- Discoloration of walls, baseboards, window frames, ceilings
|
|
- Loose, missing or failing grout or caulk around tubs, showers, sinks, faucets, countertops
|
|
- Clothes dryer vent leaks
|
|
- Any non-operational windows, doors, fans, heating or air conditioning units
|
|
- Any evidence of leaks or excessive moisture in the Residence or on the Property
|
|
- Any maintenance needed at the Property
|
|
|
|
**You Agree That You Will Not:**
|
|
- Bring any personal property into the property that may contain high levels of mold, especially "soft possessions" such as couches, chairs, mattresses, and pillows
|
|
- Stack items against walls in a manner that decreases air circulation and may lead to mold
|
|
- Maintain an excessive number of indoor plants
|
|
- Maintain an aquarium or other water filled container over 5 gallons without our written consent
|
|
|
|
If a small amount of mold has grown on a non-porous surface such as ceramic tile, Formica, vinyl flooring, metal, or plastic, and the mold is not due to an ongoing leak or moisture problem, you agree to clean the areas with soap (or detergent) and a small amount of water, let the surface dry, and then within 24 hours apply a non-staining cleaner such as Lysol Disinfectant, Pine-Sol Disinfectant, Tilex Mildew Remover, or Clorox Cleanup.
|
|
|
|
You agree to comply with all instructions and requirements necessary to prepare the Residence and/or Property for investigation and remediation, to control water intrusion, to control mold growth, or to make repairs.
|
|
|
|
**42. Move-Out Obligations.** At termination of this Agreement, you must (a) give us all of your keys and other opening devices to the Residence, including any common areas; (b) surrender the Residence to us empty of all personal property and persons; (c) vacate all parking and storage spaces, if any; (d) deliver the Residence to us in the same condition as received, reasonable wear and tear excepted; (e) clean the Residence to the level of cleanliness as received; (f) and give us written notice of your forwarding address.
|
|
|
|
**43. Multiple Residents.** If there is more than one Resident under this Agreement, each Resident is jointly and severally liable for all rental obligations.
|
|
|
|
**44. No Release.** You will not be released from this Agreement on the grounds of voluntary or involuntary school withdrawal or transfer, business transfer, layoff or termination, marriage, divorce, marriage reconciliation, loss of co-Residents, bad health, or any other reason unless we agree otherwise in writing or unless the Military - Early Termination section above applies.
|
|
|
|
**45. Non-Discrimination.** We do not discriminate on the basis of any Federal protected class including race, color, religion, sex, national origin, familial status and handicap, nor on the basis of any class protected by California law such as marital status, gender identity, sexual orientation, age, ancestry, source of income, medical condition or any other arbitrary basis.
|
|
|
|
**46. Notices.** Any notice which we give to you shall be deemed properly served (whether or not actually received by you) if served in the manner prescribed in Code of Civil Procedure section 1162.
|
|
|
|
**47. Occupants.** The Residence may be occupied only by the Resident(s) and all other authorized Occupants specified above in the Variable Lease Term section.
|
|
|
|
**48. Package Release.** You give us permission to sign and accept any parcels or letters that may be sent to you.
|
|
|
|
**49. Parking/Garage/Vehicles.** If parking spaces or garages are assigned, you may park on the Property assigned spaces only in the garage or parking space(s) specified in the Variable Lease Term section. Garages may not be used for operation of a business or as an extension of the living area of the Residence. Parking spaces (if any) may be used only for parking passenger automobiles or light utility vehicles. Garage doors must be kept closed and locked unless you are entering or exiting the garage. Vehicles not kept in compliance with applicable rules, regulations and law are subject to towing at the vehicle owner's expense. A vehicle may be towed if it: (A) has flat tires or other condition rendering it inoperable; (B) is leaking fluids; (C) has no current license or no current license sticker; (D) takes up more than one parking space; (E) belongs to a Resident or Occupant who has surrendered or abandoned the Residence; (F) is parked in a marked handicap space without the legally required handicap insignia; (G) blocks another vehicle from exiting; (H) is parked in a fire lane or designated "no parking" or "restricted parking" area; (I) is parked in a space reserved for other residents; (J) is not properly parked in a designated area; (K) blocks access to a garbage area, entrance, driveway, other parking spaces, or other area; (L) cannot lawfully be operated as a vehicle on the road; (M) has a malfunctioning alarm or has an alarm which is not silenced within 10 minutes; (N) is parked in a designated visitor or office parking space; (O) is parked in "open parking" for longer than 14 days; or (P) any other reason allowed by law.
|
|
|
|
Operate your vehicle safely and limit your vehicle's speed to 5 miles per hour within the Property.
|
|
|
|
**50. Pets.** You may not feed stray or wild animals. You may not have any pets at the Residence or on the Property without our prior written consent, which we may withhold in our sole discretion. This prohibition applies to all pets, including "visiting" pets. We grant you permission to keep any pets listed above in the Variable Lease Term section as an "Authorized Pet." If any pets are authorized you agree to follow the following rules for your pet(s):
|
|
|
|
- Pets may not cause any disturbance that might reasonably annoy neighbors including making noise, creating odors, or leaving waste on the Property.
|
|
- Any damage caused by a pet will be your responsibility and you will be charged to repair it.
|
|
- Pick up after your pet(s) and properly dispose of all waste. Kitty litter must be placed in a bag before placing it in the trash.
|
|
- Use a stain and odor-removing product with enzymes (such as Nature's Miracle) as necessary, and maintain a sanitary, odor-free condition.
|
|
- If your pet is a cat, keep a scratching post.
|
|
- Pets must be licensed and vaccinated in accordance with local laws. You must provide proof if we request it.
|
|
- Comply with all local laws and regulations relating to the pets.
|
|
- You must confine your pet if we or our Related Parties need access to the Residence.
|
|
- Pets must remain inside the Residence unless they are under direct control of a responsible person at all times. Dogs must be on a leash when outside of the Residence. You agree to indemnify and save us harmless from all liability relating to your pets.
|
|
- You represent to us that the pet is housebroken, has no vicious tendencies or history of threatening or causing harm to persons by biting, scratching, chewing or otherwise.
|
|
- Pets are not allowed in pool areas, clubhouses, business office, laundry rooms, business center or fitness centers. Pets may not be bathed or groomed in the laundry room sinks, pools, or pool area.
|
|
- Permission to have a pet may be revoked at any time with three days notice for cause, or with thirty days notice without cause.
|
|
- You agree to indemnify, defend and hold us harmless from and against any and all claims, actions, suits, judgments, and demands brought by any other party on account of or in connection with any activity of or damage caused by your pet.
|
|
|
|
**51. Pool/Spa.** If the Property has a pool or spa, you may use them only during posted hours. Children under the age of fourteen (14) must have adult supervision in the pool and spa. NO LIFEGUARD WILL BE ON DUTY.
|
|
|
|
**52. Posted Signs and Instructions from Landlord.** You must obey all posted signs on the Property and instructions from us.
|
|
|
|
**53. Posting Flyers.** Flyers may be posted only in designated areas, if any.
|
|
|
|
**54. Representations of Resident.** You warrant that all statements in your rental application and other documents submitted by you to us (whether previously or in the future) are accurate.
|
|
|
|
**55. Roofs.** You hereby acknowledge that any flat roofs, or portions of roof area, adjacent to the rented Residence are not designed and should not be used for walking upon nor to have any objects of any kind placed upon them at any time.
|
|
|
|
**56. Satellite Dishes.** You may install a satellite dish for personal, private use under the following conditions:
|
|
- The satellite dish must be one meter or less in diameter;
|
|
- The satellite dish may only be installed in the Residence in areas within your exclusive control.
|
|
- You may not make physical modifications to the Property and may not cause physical or structural damage to the Property. No holes may be drilled through exterior walls or the roof.
|
|
- You must install, maintain and remove the satellite dish in a manner consistent with industry standards and you will be liable for any damage or injury caused by the installation, maintenance or removal of the satellite dish.
|
|
- You must move the satellite dish at your expense, upon our request, for Residence or Property maintenance or repairs.
|
|
|
|
**57. Security.** The Property is not a full security property and we do not guarantee or warrant your personal security or safety.
|
|
|
|
**58. Signs.** We retain the right to place For Sale/For Rent signs on the Residence.
|
|
|
|
**59. Smoke and Carbon Monoxide Detection.** The Residence is equipped with a functioning smoke detection device(s) and may be equipped with a functioning carbon monoxide detector. You will be responsible for testing the device(s) weekly and immediately reporting any repair needs to us.
|
|
|
|
**60. Smoke Free Property.** Effective 10/1/2016 the City of Sunnyvale has passed a "Regulation of Smoking Ordinance" (Ord. 3072-16 Section 1) to eliminate the known health effects of secondhand smoke. "Smoking," means inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette, e-cigarette or other tobacco product, marijuana or similar lighted product in any manner or in any form. **Smoking is prohibited in all areas of the property as well as the interior of each unit to include the patio and balcony areas.** Other residents of the Property are third-party beneficiaries of this Ordinance (smoke-free ordinances and restrictions are made to benefit all parties). You are responsible for the conduct of your guests or invitees while they are on the Property and in their compliance with the Ordinance.
|
|
|
|
More information can be found at http://sunnyvale.ca.gov/Departments/OfficeoftheCityManager/SmokefreeSunnyvale.aspx
|
|
|
|
**61. Storage.** If specified above in the Variable Lease Term section, a separate storage area is provided to you. Storage space may be used only for storage of non-perishable personal property, expressly excluding (a) any potentially dangerous, flammable, hazardous or toxic property or materials, and (b) any firearms or ammunition.
|
|
|
|
**62. Telephones.** We will comply with California law by providing at least one usable telephone jack and maintaining the telephone wiring inside the Residence in good working condition.
|
|
|
|
**63. Temporary Relocation.** You agree, at our demand, to temporarily vacate the Residence for a reasonable period and for reasonable purpose, including fumigation, Residence testing/inspection, or repairs.
|
|
|
|
**64. Use.** The Residence may be used as a personal residence only and not for any business or commercial use (except child care as specified by law). However, you may maintain a personal home office as long as the home office use does not involve (1) people coming to the Residence for business purposes, or (2) selling goods or services from the Residence.
|
|
|
|
**65. Utilities.** Details about utilities, (including information about who is responsible for the cost of each utility), are specified in the Variable Lease Term section. If it is specified that you will contract directly with the utility provider, you must do so before move-in to avoid an interruption of services. If electricity, natural gas, water or sewer services have been discontinued, occupancy of the Residence is hazardous and will be a breach of this Agreement. Billing statements provided by us or by our billing service must be paid by the due date specified on the billing statement.
|
|
|
|
**66. Window Coverings.** If we provide window coverings, you must use them. If we do not provide window coverings, any window treatments you install must appear white to the outside.
|
|
|
|
**67. Waterbeds and Aquariums.** Waterbeds are permitted only with our written permission which will be provided in accordance with California law.
|
|
|
|
---
|
|
|
|
## F. Disclosures and Notices
|
|
|
|
**68. Asbestos.** Asbestos is known to cause cancer. If the Variable Lease Term section indicates that the Property or Residence may contain asbestos, you may not damage or disturb the ceilings.
|
|
|
|
**69. Lead Warning Information.** If indicated in the Variable Lease Term section, the Residence was built prior to 1978. Housing built before 1978 may contain lead-based paint. Lead from lead-based paint, paint chips and dust can pose health hazards if not managed properly.
|
|
|
|
**70. Registered Sex Offenders Notice.** Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov.
|
|
|
|
---
|
|
|
|
## G. Breaches and Remedies
|
|
|
|
**71. Resident Default.** Your right to remain in possession of the Residence is conditioned on your timely and full performance of each of your obligations under this Agreement and applicable law. You will be in material default under the Agreement:
|
|
- If you abandon or vacate the Residence;
|
|
- If you fail to pay Rent, or any other charge required to be paid by you, as and when due;
|
|
- If you breach any other obligation under this Agreement or applicable law;
|
|
- If you have supplied any false or misleading information to us on a rental application or otherwise. This type of default is non-curable.
|
|
|
|
**72. Remedies.** If you default, we may elect to terminate your rights under this Agreement, and recover from you all damages we incur as a result of the default.
|
|
|
|
**73. Cumulative Remedies.** All remedies specified in this Agreement for noncompliance are cumulative.
|
|
|
|
**74. Credit.** A negative report reflecting on your credit record may be submitted to credit-reporting agencies if you fail to fulfill the terms of your obligations under this Agreement.
|
|
|
|
**75. Damages for Failure to Vacate.** If you fail to completely vacate the Residence when required, you will be liable for all resulting losses suffered by us including but not limited to, future resident losses, lost Rent, legal costs and other expenses.
|
|
|
|
**76. Attorney Fees.** In any legal action brought by either party to enforce the terms of this Agreement or relating to the Residence, the prevailing party will be entitled to all costs incurred in connection with that action, including reasonable attorney fees. If an Attorney's Fee Cap is specified in the Variable Lease Term section, attorney's fees awarded by a court may not exceed that amount. You must pay all collection-agency fees that we incur if you fail to pay all sums due within 10 days after we mail you your security deposit accounting or other demand for payment.
|
|
|
|
---
|
|
|
|
## H. Agreement Interpretation
|
|
|
|
**77. Agreement.** The submission of this Agreement to you for examination and/or execution does not constitute an option or offer. This Agreement will not be effective until signed and delivered by all parties or until we deliver possession of the Residence to you, whichever occurs first.
|
|
|
|
**78. Construction.** The singular form will include plural, and visa versa. This Agreement will not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it.
|
|
|
|
**79. Integration.** This Agreement and the documents referenced in it constitute the entire agreement between the parties, which supersedes all prior and contemporaneous negotiations, agreements, promises and representations.
|
|
|
|
**80. Partial Invalidity.** If any portion of this Agreement is unenforceable or invalid, that portion will have no effect, but all the remaining provisions of this Agreement will remain in full effect.
|
|
|
|
**81. Successors and Assigns.** This Agreement is binding upon and inures to the benefit of the heirs, assigns, successors, executors, and administrators of you and us.
|
|
|
|
**82. Time is of the Essence.** Time is of the essence as to each obligation to be performed under this Agreement.
|
|
|
|
**83. Verbal Representations.** You agree that we have not made any oral promises, representations, or agreements not contained within this written Agreement.
|
|
|
|
**84. Waiver.** Our failure to enforce any term of this Agreement will not be deemed a waiver, nor will acceptance of a partial payment be deemed a waiver of our right to the full amount due. Waiver may not be established by course of conduct. No waiver will exist unless written and signed by the parties.
|
|
|
|
**If the lead hazard section of this Agreement is marked as being applicable, by signing below, the parties acknowledge that they have read the lead-based paint and lead based paint hazard information in this Agreement and certify, to the best of the parties' knowledge, that the information provided is true and correct.**
|
|
|
|
**Note that this Agreement may automatically continue as a tenancy from month-to-month after the Termination Date. See paragraph C3 above.**
|
|
|
|
---
|
|
|
|
## Signatures
|
|
|
|
DocuSigned by:
|
|
- **Hao Chen** (Resident) - DocuSign ID: B5530EA86F1D4D0...
|
|
- **Yanxin Lu** (Resident) - DocuSign ID: D07B738FD7914FE...
|
|
- **Mandel Miciano** (Landlord) - DocuSign ID: 4D8C775A807640C...
|
|
|
|
Kimball, Tirey & St. John California Residential Lease/Rental Agreement
|
|
(c) 2016 Kimball, Tirey & St. John LLP. All rights reserved.
|
|
Licensed for use on properties owned or managed by Yamaoka Associates, Inc.
|