McNamara Realty
Agreement to Lease
This rental agreement is made and entered into this 23rd day of January 2017 by and between McNamara Realty,
known as Landlord, Jane Doe and John Doe, known as Tenant(s).
Basic Rental Provisions.
1.
Property Address:
Tenant hereby offers to rent from owner of the premises situated in the City of
San Luis Obispo, County of San Luis Obispo, State of California, described and
commonly known as 1234 Alphabet Rd., subject to the terms, conditions and
covenants set out herein, which are a material part of the consideration for this
agreement.
2.
Agent(s) of Landlord:
McNamara Realty, 390 Higuera St, San Luis Obispo, CA 93401
3.
Lease Term:
The term of this agreement shall commence on February 10, 2017 at 12:00
noon, and continue until August 31, 2017 at 12:00 noon.
4.
Rent:
The pro-rated rent for January 2017 shall be Eight Hundred Fifty Five dollars
($855.00). Thereafter, the monthly rent for the premises shall be One
Thousand Three Hundred Fifty dollars ($1,350.00), due and payable in
advance upon the 1st day of each month, without notice, offset or demand. If
rent is not received by the 3rd day of the month by 5:00 pm, regardless of
whether the 3rd day falls on a weekend or holiday, Tenant shall pay a late charge
of $50.00 and for each day thereafter until paid an additional $5.00 late charge
per day. Monthly rental payments shall be presented in only one check
representing the total monthly rent for the household. Separate checks will not
be accepted. Separate payments will be accepted in electronic formats only.
Rent may be paid using personal checks, cashier’s checks, money orders or
electronic payments. No cash will be accepted. Tenant shall also pay $35.00
service charge for each returned bank check or electronic payment, as well as
the above mentioned late charges. Such charges shall be deemed additional rent
for such rental month and Landlord may deduct such charges from the Tenant's
deposit.
5.
Payee of Rent:
McNamara Realty
6.
Address of Payee:
390 Higuera Street., San Luis Obispo, CA 93401.
7.
Security Deposit:
Landlord hereby acknowledges receipt of Security Deposit in the amount of
One Thousand Seven Hundred dollars ($1,700.00) which, when combined
with all other advanced deposits herein, does not exceed two months' rent for an
unfurnished unit or three month's rent for a furnished unit. The breach Security
Deposit shall cover the following of this agreement: including nonpayment of
rent, damage to the premises caused by Tenant or any person on the premises
with Tenant's consent, cleaning of the premises, including carpet cleaning by a
licensed professional (Tenant shall provide Landlord with a receipt for
services). Flea fumigation will be required if deemed necessary. No portion of
this deposit shall be used toward last month's rent without prior written consent
of Landlord. Within twenty one (21) days from vacating the premises and
surrendering possession of the said premises to Landlord, Landlord shall refund
the entire security deposit, or in the case of Co-Tenants, to the last remaining
Co-Tenant, or if deductions have been made, a written itemization of all
deductions stating the reason therefore and the amount thereof along with the
remainder of the Security Deposit, if any. Tenant is liable to Landlord for any
cost hereunder in excess of the Security Deposit.
( ____ , ____ )
8.
Use of Property:
The premises shall be used exclusively as a private residence for no more than
two people and for no other purpose without the prior written consent of the
Landlord. Occupancy of guests staying more than fourteen (14) days without
written consent of Landlord shall constitute a breach of this agreement. The
premises shall be occupied by only the following named Jane Doe and
John Doe. Tenant(s) agrees not to allow any excessive noise or activity on
the premises or commit any other nuisance or act which disturbs or interferes
with the peace and quiet of neighbors. Tenant agrees to keep the dwelling unit
in a clean and sanitary condition, to keep the premises clear of debris, rubbish
and unsightly materials, and not to allow the commission of waste upon the
premises. Tenant shall not violate any governmental law or ordinance relating
to the use of the premises. Tenant understands that the unit is not to be rented
out to another for any period of time. Tenant agrees that the above language
applies to the practice of utilizing Airbnb and/or any similar guesting service,
regardless of the length of any non-tenant’s stay. (See Section 17: Subletting or
Assignment)
9.
Utilities:
Tenants shall be responsible for all utilities and services and agrees to make
payment for same, except NONE, which shall be paid by Landlord. Tenant
shall hold Landlord harmless from all cost or expenses from Tenant failure to
pay utility bills.
10.
Entry and Inspections:
Landlord may enter the tenant’s unit with consent of Tenant or one (1) day
oral or written notice of any entry for the purpose of making repairs,
alterations or additions; installing, repairing, testing or maintaining smoke
and/or Carbon Monoxide detectors; to do a routine inspection of the condition
of the premises or to exhibit the premises to prospective or actual buyers,
mortgagees or prospective tenants. Entry shall be made during regular business
hours of 8:00 am to 6:00 pm, except that if an emergency exists, Landlord may
enter without notice. Landlord shall have duplicate or master keys to all locks
upon the premises.
11.
Damage to the Premises:
Tenant(s) shall be liable for the cost of repairs of any damages to the premises
caused by Tenant or any invitees of Tenant. Except as provided by law, such
repairs shall be made by Tenant at their own expense within ten (10) days after
notice of repair by Landlord, or at Landlord's option, caused such repairs to be
made at the Tenant's expense. The cost of such repairs may, at the option of
Landlord, be deducted by Landlord from any security deposit made by Tenant;
and Tenant agrees to replace such expended portion of security deposit within
five (5) days from receipt of notice by Landlord. All repairs under this section
shall be completed in a reasonable amount of time, for a reasonable cost and to
the satisfaction of Landlord. Without exception, no repairs, decoration, or
alterations shall be done without the landlord and/or agents prior written
permission. Decoration includes, but is not limited to: painting, wall papering,
hanging of murals or posters, the use of double-sided tape, nails, screws or
hooks.
12.
Fire or Casualty:
If the premises shall be damaged or destroyed by fire or other causes as to
render them untenantable, then either party shall have the right to terminate this
lease as of the date on which such damage or destruction occur, by written
notice to the other party, to be given within fifteen (15) days after occurrence of
such damage; except that should such damage or destruction occur as the result
of the abuse or negligence of Tenant or any invitees of Tenant, then Landlord
only shall have the right to termination. Should this right be exercised by either
Landlord or Tenant, then rent for the current month shall be prorated between
the parties as of the date the damage occurred and any prepaid rent and unused
security deposit shall be refunded to Tenant. If Landlord does not elect to
cancel and terminate this lease as herein provided, Landlord shall repair and
restore the premises with reasonable promptness.
13.
Alterations or Signs:
Tenant shall not make any alterations in or additions to the premises without
Landlord's prior written consent in each and every instance. No signs, lettering,
picture, notice or advertisement shall be placed on any outside window or in a
position to be visible from outside the building without Landlord's prior written
consent.
( ____ , ____ )
14.
Multiple Occupancy:
Tenant acknowledges that this agreement is between the Landlord and each
Tenant executing this agreement jointly and severally, whether or not in actual
possession of the premises. In the event of default by any one, each and every
remaining Tenant shall be responsible for payment of rent and all other
provisions of this agreement.
15.
Holdover:
If Tenant(s) hold over at the expiration of the termination date of the tenancy
herein, the following actions must occur: Landlord must give permission to
Tenant to holdover and Landlord accepts rental payment, then this Agreement
shall remain in full force and effect except that the term of this tenancy shall
become month to month at the monthly rental then in effect, unless otherwise
agreed by the parties in writing. Should Tenant holdover property with or
without Landlord permission, Tenant shall pay Landlord pro-rated rent for each
day held over. ( _____ , _____ )
16.
Keys/Locks:
Tenant shall pay $25.00 for each replacement house or mail key. Any
replacement fee(s) for other lost keys may vary depending on the type of key
and shall be at the Tenants expense. If Tenant is locked out of the premises after
normal business hours and requests an emergency maintenance call to be let in
by the Property Manager, Tenant agrees to pay a lock-out fee of $100.00. All
original keys and key copies must be returned to Property Manager upon
termination of the occupancy. If all keys are not received in our office,
possession is not returned on lease expiration date or date tenancy ends and
management deems the unit vacated, Tenant shall be responsible for all costs
related to re-keying entire unit (minimum $175.00 for one set of locks and
$250.00 for two sets). Price shall be dependent upon the total number of locks
needed to be changed at the property.
17.
Subletting or Assignment:
Tenant shall not, without Landlord's prior written consent to assign or convey
this lease or any interest under it; sublet the premises or any part thereof; permit
the occupancy of the premises or any part thereof by anyone other than Tenant.
If Tenant desires to assign the lease or enter into any sublease of the premises,
Tenant shall deliver written notice thereof to Landlord at least thirty (30) days
prior to the effective date of the proposed assignment, or the proposed
commencement date of the term of the proposed sublease. In making its
determination as whether to consent to any proposed assignment or sublease,
Landlord will consider the credit-worthiness of the proposed assignee or
subtenant. Subject to the foregoing, Landlord's consent to any assignment or
subletting shall not unreasonably be withheld; Tenant will be financially
responsible until possession is delivered to assignee or subtenant. Tenant will
be subject to charges by Landlord in connection with a new lease document.
Charges for these administrative fees are as follows: $250 tenant
addition/change/sublease or $500 early termination fee both with approved
applicant(s) by McNamara Realty. No permitted assignment shall be effective
and no permitted sublease shall commence unless and until any default by
Tenant hereunder shall have been cured. Tenant agrees that the above language
applies to the practice of utilizing Airbnb and/or any similar guesting service,
regardless of the length of any non-tenant’s stay. (See Section 8: Use of
Property)
18.
Defaults:
Tenant further agrees that any one or more of the following events shall be
considered events of default as said term is used herein, that is to say, if:
1.) Tenant shall abandon the premises or vacate the same during the term
hereof; or 2.) Tenant shall default in any payments of rent required to be made
by Tenant hereunder when due as herein provided and such default shall
continue for three (3) days after notice thereof in writing to Tenant; or 3.)
Tenant shall repeatedly be late in the payment of rent required to be paid
hereunder or shall repeatedly default in the keeping, observing, or performing
of any other covenants or agreements herein contained to be kept, observed or
performed by Tenant.
( ____ , ____ )
19.
Remedies for Defaults:
Upon the occurrence of any one or more events of default, Landlord, at his
option may terminate all rights of Tenant thereunder, unless Tenant, within said
time shall cure such default. If Tenant abandons or vacates the premises while
in default, Landlord may re-enter the premises to remove fixtures or chattels
therefrom, and Landlord may consider the fixtures or chattels therefrom
abandoned, and may dispose or discard of the same in any manner allowed by
the law and shall not be liable for any damages resulting therefrom; all chattels
on the premises shall be subject to a lien for the benefit of Landlord securing
the payment of all sums due hereunder, to the maximum extent allowed by the
law; upon happenings of any one or more of the above-mentioned events of
default, Landlord may elect to continue the lease in effect and enforce all his
rights and remedies hereunder, including the right to recover the rental
payments as it becomes due or at any time, terminate all of Tenant's rights
hereunder and recover from Tenant all damages he may incur by reason of the
breach of the lease, including the cost of recovering the premise, and including
the worth at the time of such termination, or at the time of an award if suit be
instituted to enforce this provision, of the amount by which the unpaid rent for
the balance of the term exceeds the amount of such rental loss which the Tenant
proves could be reasonably avoided.
20.
Physical Possession:
If Landlord is unable to deliver possession of the premises at the
commencement hereof, Landlord shall not be liable for any damage caused
thereby, nor shall this agreement be void or voidable, but Tenant shall not be
liable for any rent until possession is delivered. Tenant may terminate this
agreement if possession is not delivered within five (5) days of the
commencement of the term hereof.
21.
Legal Fees, Claims and Disputes:
In the event that Landlord is required to employ an attorney to enforce the
terms, covenants and conditions of this Agreement, or to recover possession of
the premises from Tenant, Tenant shall pay to Landlord reasonable attorney's
fees whether or not a legal action is filed or a judgment is obtained.
Furthermore, Landlord shall be entitled to Attorney’s fees, cost and expenses
incurred in the preparation and service of Notices of Default and consultation in
connection therewith, whether or not legal action is subsequently commenced in
connection with such Default or resulting Breach ($200 is a reasonable
minimum per occurrence for such services and consultation). In the event of any
dispute, of any kind whatsoever, the parties of this agreement expressly agree
that the venue of the proceeding shall be laid in the San Luis Obispo Judicial
District, County of San Luis Obispo, and State of California.
22.
Notices:
Any notices which either may give or is required to give, should be in writing
and delivered to the parties as follows:
To Tenant at the leased premises.
To Landlord by service to:
McNamara Realty, Inc., 390 Higuera Street,
San Luis Obispo, CA 93401
23.
Rules and Regulations:
Tenant agrees to comply with all rules and regulations which are applicable to
all Tenants and are existence at the time of execution of this Lease, (parking
rules are part of the rules & regulations). Tenant shall also comply with any
such rules and regulations adopted from time to time by Landlord as long as
they don't create a substantial change in the provisions of this Lease.
24.
Smoke & Carbon Monoxide
Detectors:
The premises is equipped with at least one (1) smoke detector and one (1)
carbon monoxide detector. The Tenant acknowledges that the smoke and
carbon monoxide detectors were tested and their operation explained by
Landlord to the Tenant at the time of initial occupancy, and both were working
properly at that time; Tenant agrees to inspect and test the smoke and carbon
monoxide detector monthly or as needed; to replace the battery as needed; to
notify the Landlord promptly in writing of any defects or malfunctions; and to
not remove, dismantle or otherwise render the smoke or carbon monoxide
detector inoperable.
25.
Pets:
No pets, including any animal, bird, fowl or reptile, and no aquariums in excess
of ten (10) gallons, are allowed on the premises without exception. This
includes visiting animals.
26.
Liquid Furniture:
No liquid furniture of any kind is allowed on the premises without exception.
( ____ , ____ )
27.
Noise, Nuisances and Disturbances:
Tenant(s) is or are aware that the City of San Luis Obispo maintains and
enforces various nuisance abatement ordinances, associated with sounds, noise,
music and other public and/or neighborhood disturbances (collectively
“Disturbance Ordinances”). Each Tenant hereby agrees to abide by the same
and strictly conduct themselves at all times during the term of this agreement in
a fashion which does not result in the issuance of any warnings or citations,
under any applicable Disturbance Ordinances including by way of example and
not limitation, any Disturbance Advisement Card(s) or Noise Citation(s) under
the applicable noise ordinance. Tenant has read and understands the Noise
Guidelines attached hereto as Exhibit “B”.
Landlord's costs and expenses will be directly and adversely effected by either
the failure of Tenant to conduct themselves in a fashion which does not
result in a public disturbance; or, the actions of Tenant which result in the
issuance of warnings or citation to Tenant and/ or Landlord, by the San Luis
Obispo Police Department, or other similar police or sheriff's affiliate, agency
or department within the County of San Luis Obispo. In the event that
following the date Tenant takes possession of the premises there is any such
warning or citation issued to Tenant, and/or Landlord, as a result of any actions
of Tenant which are construed as constituting a public nuisance, disturbance, or
other similar disrupting or unacceptable behavior, and which results in Landlord
being fined or penalized by the City or County of San Luis Obispo, Landlord
may, by giving Tenant seven (7) days written notice, elect to terminate this
agreement effective immediately following the seven (7) day notice period.
Additionally, any fine, penalty or fee issued against Landlord by a public
agency based upon Tenant’s conduct in violation hereunder shall be
immediately due and paid by Tenant as additional rent due hereunder within
five (5) days of written notice to Tenant by Landlord, in addition to the
LIQUIDATED DAMAGES hereafter provided for.
LIQUIDATED DAMAGES $700.00: LANDLORD AND TENANT
FURTHER AGREE THAT IF AT ANY TIME DURING THE TERM OF THIS
AGREEMENT THE TENANT IS ISSUED A DISTURBANCE ADVISORY
ADVISEMENT CARD (“DAC”) AS DESCRIBED IN EXHIBIT “B”, OR IF
LANDLORD AND/OR TENANT ARE CITED FOR VIOLATION OF ANY
DISTURBANCE ORDINANCE AS A RESULT OF ANY ACTIONS BY
TENANT, THAT THE DAMAGES TO LANDLORD WOULD BE
EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN,
AND THAT THEREFORE, IN SUCH EVENT THE ADDITIONAL SUM OF
SEVEN
HUNDRED
DOLLARS
($700.00) REPRESENTS A
REASONABLE ESTIMATE OF THE DAMAGES TO LANDLORD
(ABOVE AND BEYOND THE AMOUNT OF ANY ACTUAL FINE OR FEE
ASSOCIATED WITH A CITATION) THAT WOULD BE INCURRED BY
LANDLORD. SUCH DAMAGES INCLUDE BUT ARE NOT LIMITED TO
THE COSTS OF CLEANING COMMON AND PARKING AREAS, TRASH
AND WASTE REMOVAL, DEALING WITH AND DISPOSING OF
NEIGHBOR’S
COMPLAINTS,
REPAIRING
LANDSCAPING,
ADDITIONAL ADMINISTRATIVE COSTS AND THE LOSS OF FUTURE
RENTS ASSOCIATED WITH NEIGHBORING TENANTS WHO CHOOSE
TO VACATE, LOST OPPORTUNITY COSTS, AND OTHER COSTS
INCURRED IN CONNECTION HEREWITH. ACCORDINGLY, TENANT
AND LANDLORD AGREE THAT THIS ADDITIONAL PAYMENT OF
SEVEN HUNDRED DOLLARS ($700.00), AS LIQUIDATED DAMAGE,
SHALL BE PAID BY TENANT TO LANDLORD AS ADDITIONAL RENT
DUE HEREUNDER UPON THE ISSUANCE OF ANY SUCH “D.A.C.” OR
CITATION, ABOVE AND BEYOND ANY OTHER RENT FEE OR FINE
DUE HEREUNDER, IN THE EVENT OF ANY SUCH BREACH OR
DEFAULT BY TENANT AS AFORESAID. IF EITHER PARTY SEEKS TO
ENFORCE THE PROVISIONS OF THIS AGREEMENT THE PREVAILING
PARTY SHALL BE ENTITLED TO COLLECT FROM THE OTHER PARTY
ALL COSTS OF SUCH ENFORCEMENT, INCLUDING BUT NOT
LIMITED TO ATTORNEYS’ FEES. THE LIQUIDATED DAMAGES
HEREIN PROVIDED FOR ARE NOT INTENDED AS A FORFEITURE OR
PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE
SECTIONS 3275 OR 3369, BUT ARE INTENDED TO CONSTITUTE
LIQUIDATED DAMAGES TO LANDLORD PURSUANT TO CALIFORNIA
CIVIL CODE SECTIONS 1671.
( ____ , ____ )
LANDLORD AND TENANT ACKNOWLEDGE THAT THEY HAVE READ
AND UNDERSTAND THE PROVISIONS OF THIS SECTION, AND BY
THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY
ITS TERMS. ( _____ , _____ )
28.
Lead-Base Paint Disclosure:
Any residential property built prior to 1978 is notified that such property may
present exposure to lead from paint, paint chips and dust. Lead can pose health
hazards if not taken care of properly. Young children may be placed at risk of
developing lead poisoning. Lead poisoning in young children may produce
permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory. Lead
poisoning also poses a particular risk to pregnant women. The Landlord is
required by law to disclose any known lead-based paint or lead-based hazards
present on or within the property. For more information, please visit
www.epa.gov/lead or call the National Lead Information Center
(1.800.424.LEAD).
29.
Ordinary Wear and Tear:
Landlord discloses to Tenant that some things simply wear out in the normal
course of use. For example, carpets, garbage disposals or draperies wear out.
We define this as “wear and tear.” Landlord and Tenant understand that some
things are beyond “ordinary wear and tear.” Broken windows; stains in carpets;
dirty carpets; stained, dirty, or torn draperies; damaged blinds; dirty or greasy
appliances; dirty rooms; dirty or scratched or tobacco stained walls/woodwork;
dirty, stained, or scratched floors; excessive nail holes or other holes in walls;
are not the result of ‘‘ordinary wear and tear.” When a Tenant rents a freshly
painted apartment, it is expected with ordinary care that the paint should last
three years. If a Tenant moves in less than one year and painting is required, the
outgoing Tenant will be charged sixty-six percent, 66 % of the cost of the
painting. If a Tenant moves after the first year but less than two years and
painting is required, the outgoing Tenant will be charged thirty-three percent,
33 % of the cost of the painting. If the Tenant remains more than two years,
Landlord will not charge for painting unless there is clear evidence of Tenant
abuse in the unit. Likewise, if at the termination of tenancy, the unit is left
damaged or dirty beyond the ordinary wear and tear defined in this paragraph,
the Tenant will be charged up to a maximum of three (3) days rent for the time
required for cleaning and repairs, plus the cost of the cleaning and repairs.
30.
Data Base Disclosure:
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 data base regarding registered sex
offenders 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 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 inquiries about individuals
may be made. This is a “900” telephone service. Callers must have specific
information about individuals they are checking. Information regarding
neighborhoods is not available through the “900” telephone service.
31.
Waiver:
All personal property or chattel belonging to Tenant or any occupant of the
premises that is in or any part of the property shall be there at the risk of Tenant
or of such other person only, and Landlord shall not be liable for any damages
thereto or for the theft or misappropriation thereof. Tenant waives all claims it
may have against Landlord for damage to property sustained by Tenant or any
persons claiming through Tenant or by an occupant on the premises, or by any
other person, resulting from any part of the property or resulting from any
accident on or about the property or resulting directly or indirectly from any act
or neglect of any Tenant or occupant of any part of the property or of any other
person, including Landlord to the extent permitted by law. This shall include,
but not by limitation, damage caused by water, frost, steam, excessive heat or
cold, sewage, gas, odors or noise, or caused by bursting or leaking pipes or
plumbing fixtures, and shall apply equally whether any such damage results
from the act or neglect of Tenant or of other Tenants, or occupants of any part
of the property, or of any other person, including Landlord to the extent
permitted by law. Landlord's insurance does not cover Tenant's personal
property, Tenant is encouraged to obtain renter's insurance.
( ____ , ____ )
32.
Indemnity:
Tenant agrees to protect, indemnify and save Landlord harmless from and
against all liabilities, obligations, claims, damages, penalties, causes of action,
cost and expenses imposed upon or incurred by or asserted against Landlord by
reason of (a) any accident, injury to or death of persons or loss of or damage to
property occurring on or about the premises and alleged to be due to any act or
failure to act or any negligence or default under this Lease by Tenant; (b) any
failure on the part of Tenant to perform or comply with any of the terms of this
Lease.
33.
Severability:
If any terms or provision of this Lease shall to any extent be held invalid or
unenforceable, the remaining terms and conditions of this Lease shall not be
affected thereby, but each term and provision of this Lease shall be valid and be
enforced to the fullest extent permitted by law.
34.
Landlord Means Owner:
The term "Landlord" as used in this Lease, so far as covenants or obligations on
the part of the Landlord are concerned, shall be limited to mean and include
only the owner or owners at the time in question of the premises.
35.
Time & Extended Absences:
Time is of essence of this Lease, and all provisions relating thereto shall be
strictly construed. In the event that Tenant may leave their respected unit for a
period of time exceeding seven (7) consecutive calendar days, the Tenant must
make the Landlord’s Agent aware of such an extended absence.
36.
Modification of Lease:
All negotiations, considerations, representations and understanding between
Landlord and Tenant are incorporated herein. This Lease may be modified or
altered only by agreement in writing between Landlord and Tenant.
37.
Execution of Lease by Landlord:
Submission of this instrument for examination or signature by Tenant does not
constitute a reservation of or option for the Lease. This instrument becomes
effective as a Lease upon execution and delivery by both Landlord and Tenant.
38.
Miscellaneous:
For purposes of interpretation of this Lease, the masculine shall include the
feminine and the singular shall include the plural.
39.
Additional Terms:
The cost of clogged toilets, clogged garbage disposals and/or sewer blockages
caused by disposal of paper towels, sanitary napkins/wipes, grease, food, hair or
other items, into the sewer system shall be charged to the tenant at a rate of
$65/hour during regular business hours and $110/hour for after hour cleanouts.
40.
Repairs:
Any item that the Tenant discovers that requires a repair must be brought to the
Landlord’s immediate attention so as to effectively limit damages to the
property, such as, but not limited to: leaking pipes, leaking or running toilets,
dripping faucets, electrical issues (not pertaining to interior light bulbs), loose
equipment and the like.
41.
Non-Smoking Units:
Tenants understand and agree that the premises are non-smoking and that ANY
smoking in the unit shall cause the forfeiture of their security deposit.
Furthermore, in consideration of other tenants, there is NO smoking within 20
feet of all doors and/or windows.
42.
Exhibit “A”:
Moisture and Mold Addendum
43.
Exhibit “B”:
Noise Guidelines from City of San Luis Obispo
44.
Exhibit “C”:
Move Out Guidelines and Procedures / Cleaning Checklist
Wherefore, we, the undersigned, do hereby execute and agree to this Lease.
Landlord/Agent:
Tenant:
______________________________
______________________________________
Signature
JANE DOE
Date
DATE
______________________________________
JOHN DOE
DATE
Exhibit “A”
Moisture and Mold Addendum
This Moisture and Mold Addendum is attached to, and incorporated into, the Lease Agreement. In consideration of
the mutual covenants set forth in the Lease and below, and other good and valuable consideration, Owner/Landlord
and Tenant(s) agree as follows:
It is our goal to maintain the highest quality living environment for our residents. Therefore, know that the
Owner/Landlord has inspected the unit prior to lease and knows of no damp or wet building materials and knows of
no mold or mildew contamination. Resident is hereby notified that mold, however, can grow if the premises are not
properly maintained or ventilated. If moisture is allowed to accumulate in the unit, it can cause mildew and mold to
grow. It is important that Residents regularly allow air to circulate in the unit. It is also important that Residents keep
the interior of the unit clean and that they promptly notify McNamara Realty of any leaks, moisture problems, and/or
mold growth.
Resident agrees to maintain the premises in a manner that prevents the occurrence of an infestation of mold or mildew
in the premises. Resident agrees to uphold this responsibility in part by complying with the following list of
responsibilities:
1.
Resident agrees to keep the unit free of dirt and debris that can harbor mold.
2.
Resident agrees to immediately report to the Owner/Landlord any water intrusion, such as plumbing leaks,
drips, or “sweating” pipes.
3.
Resident agrees to notify owner of overflows from bathroom, kitchen, or laundry facilities, especially in
cases where the overflow may have permeated walls or cabinets.
4.
Resident agrees to report to the Owner/Landlord any significant mold growth on surfaces inside premises.
5.
Resident agrees to use bathroom fans while showering or bathing and to report to the Landlord any
nonworking fans.
6.
Resident agrees to use exhaust fans whenever cooking, dishwashing, or cleaning.
7.
Resident agrees to use all reasonable care to close all windows and other openings in the premises to prevent
outdoor water from penetrating into the interior unit.
8.
Resident agrees to clean and dry any visible moisture on windows, walls, and other surfaces, including
personal property, as soon as reasonably possible. (Note: Mold can grow on damp surfaces within 24 to 48
hours.)
9.
Resident agrees to notify the Owner/Landlord if any problems with the air conditioning or heating systems
that are discovered by the Resident.
10.
Resident agrees to indemnify and hold harmless the Owner/Landlord from any actions, claims, losses,
damages and expenses, including, but not limited to, attorneys’ fees that the Owner/Landlord may sustain or
incur as a result of the negligence of the Resident or any guest or other person living in, occupying, or using
the premises.
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TERMINATION OF TENANCY: Owner/Landlord reserves the right to terminate the tenancy and TENANT(S) agree
to vacate the premises in the event owner or agent in its sole judgment feels that either is mold or mildew present in
the dwelling unit which may pose a safety or health hazard to TENANT(S) or other person and/or TENANT(S)
actions or inactions are causing a condition which is conducive to mold growth.
INSPECTIONS: TENANT(S) agrees the Owner/Landlord may conduct inspections of the unit at any time with
reasonable notice.
VIOLATION OF ADDENDUM: IF TENANT(S) FAIL TO COMPLY WITH THIS ADDENDUM, Tenant(s) can be
held responsible for property damage to the dwelling and any health problems that may result. Noncompliance
includes, but is not limited to Tenant(s) failure to notify Owner/Landlord of any mold, mildew or moisture problems
immediately IN WRITING. Violation shall be deemed a material violation under the terms of the Lease, and owner or
agent shall be entitled to exercise all rights and remedies it possesses against TENANT(S) at law or in equity and
TENANT(S) shall be liable to Owner/Landlord for damages sustained to the Leased Premises. TENANT(S) shall hold
Owner and Agent harmless for damage or injury to person or property as a result of TENANT(S) failure to comply
with the terms of this addendum.
HOLD HARMLESS: If the premises is or was managed by and agent of the Owner, TENANT(S) agree to hold
Owner/Landlord and its employees harmless and shall look solely to the property Owner in the event of any litigation
or claims concerning injury, damage or harm suffered due to mold or mildew.
EPA BROCHURE: In addition to the above, Tenant(s) acknowledges receipt of the United States Environmental
Protection Agency (EPA) Brochure entitled, “Protect Your Family From Lead In Your Home”, dated September 2013
and the 2017 Addendum from the Owner/Landlord.
PARTIES: THIS ADDENDUM IS BETWEEN THE TENANT(S) AND LANDLORD MANAGING THE
PREMISES. THIS ADDENDUM IS IN ADDITION TO AND MADE PART OF THE LEASE AGREEMENT AND
IN THE EVENT THERE IS ANY CONFLICT BETWEEN THE LEASE AND THIS ADDENDUM, THE
PROVISIONS OF THIS ADDENDUM SHALL GOVERN.
_____________________________
Owner/Landlord
Date
__________________________________________
JANE JOE
DATE
___________________________________________
JOHN DOE
DATE
Exhibit “B”
Noise Guidelines
What are the City noise laws?
The noise ordinance for the City of San Luis Obispo is a 24/7 law. It is a violation to make or allow noise
between 7:00 am and 10:00 pm that can be heard 50 feet from your property line; between 10:00 pm and 7:00
am, it is a violation to make or allow noise that can be heard across your property line. Noise is not limited to
music; it could be a TV turned up loud, voices, power tools, and so forth. For a full description of the noise
ordinance, visit the San Luis Obispo municipal code website at
http://www.codepublishing.com/ca/sanluisobispo/ and select Title 9.12. Prohibited acts are detailed in 9.12.050.
What does a noise citation cost?
The fines for noise violations are:
$350 for the first citation
$700 for the second citation
$1,000 for the third and subsequent citations
In addition, if the noise is not stopped after a warning and officers are required to return anytime within 24
hours, the resident will also be responsible for paying the cost of the officers' response time in addition to the
citation.
Who enforces the Noise Ordinance?
Violations are enforced by the san Luis Obispo Police Department. Violators receive either a warning or a
citation and may also be responsible for paying the cost of officers responding to the call. If the property is
rented, violations are reported to the property owner who many choose to enforce lease agreements regarding
noise.
Either police officer or Student Neighborhood Assistance Program (SNAP) employees respond to noise
complaints. SNAP employees are Cuesta and Cal Poly students employed by SLOPD that act as first responders
to noise complaints. If SNAP verifies a noise violation, they can issue a Disturbance Advisement Card (DAC)
which is a formal warning. SNAP do not issue noise citations. If SNAP employees are met with verbal abuse or
uncooperative behavior by the residents or guests, police officers will then respond and most likely issue a
citation.
Are you entitled to a warning first?
No. Police officers may respond to noise complaints without SNAP being sent first, and warnings are not
guaranteed. Noise citations can be issued on the first contact if officers observe a noise violation.
What happens if you get a DAC?
Residences that receive a DAC are put on the No Warning List for 9 months. During the nine month period, if a
noise complaint is received and verified, warnings are not an option and a citation will be issued by and officer.
A DAC notification letter is also sent to the property owner (and property manager if applicable) informing
them of the warning. NOTE: Some property management companies are charging their tenants for DACs so
please be aware of your lease terms when securing housing.
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What happens if you get a citation?
If you receive a citation, your landlord will also be getting a citation and the fine schedule is the same: $350 for
the first, $700 for the second and $1000 for the third and subsequent. If the property is already on the "no
warning" list, an additional 9 months is added. If the property wasn't on the "no warning" list, it will be added.
Many landlords have included language in the lease that passes fines back to the tenants. An invoice will be
sent to you from the City Finance Department with a due date of 30 days from the date of the invoice.
Can more than one citation be given at one party?
YES. Officers can write noise citations to multiple people at a single gathering.
Can you appeal a citation?
Yes. If you feel the citation was issued in error, you can request an appeal hearing. Requests must be made in
writing within 10 calendar days of receiving the citation and must be submitted to the City of San Luis Obispo,
990 Palm Street, San Luis Obispo (City Hall, across from the City/County Library.) Appeals are made before a
Hearing Officer. The Hearing Officer cannot reduce fines; they can only dismiss or uphold a citation.
Tenant and property owner citations are TOTALLY SEPARATE. If a tenant appeals a citation and it is
dismissed, that does not automatically dismiss the property owner citation. Property owners must appeal their
citations in the same manner as the tenant, within 10 calendar days of receiving it.
If a tenant's noise citation is dismissed, the 9 month addition to the "no warning" list will be removed. If a
citation is upheld, the person will be granted 30 days to pay the fine. If the fine is not paid in full by that time,
late fees will be added. If the fine is not paid within 90 days, it will be sent to collections (which is turn can
negatively affect the persons credit rating.)
Can community service be done instead of paying the fine?
No, community service may not be done in lieu of fines.
Can fines be paid using a payment plan?
Yes, but late fees will be attached to each payment increasing the total due.
What if you're having on-going conflicts with neighbors, housemates or landlords?
There is a FREE conflict resolution and mediation service called SLO Solutions available to all City residents.
For more information on the services they provide, log on to www.creativemediation.net/slo-solutions or contact
them by phone at 805-549-0442.
Still have questions or need clarification? Contact Neighborhood Outreach Manager Christine Wallace at 805781-7186 or at [email protected].
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