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HomeMy WebLinkAbout5 Glendale AZ Shaw Carpet CleaningRESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (C.A.R. Form RLMM, Revised 6/23) Date , ("Tenant") and Rental Property Owner, Authorized Broker or Agent, or Property Manager ("Housing Provider"), agree as follows ("Agreement"): 1. PROPERTY: A.Housing Provider rents to Tenant and Tenant rents from Housing Provider, the real property and improvements described as: ("Premises"). B.The Premises are for the sole use as a personal residence by the following named person(s) only: . Any person in the Premises, other than those listed in this paragraph are considered guests. Guests are not permitted to stay more than 14 (or )days without Housing Provider's written consent. C.The following personal property, maintained pursuant to paragraph 11, is included: or (if checked) the personal property on the attached addendum is included. D.The Premises may be subject to a local rent control ordinance . 2. TERM:The term begins on (date) ("Commencement Date”). If Tenant has not paid all amounts then due;(i) Tenant has no right to possession or keys to the premises and;(ii)this Agreement is voidable at the option of Housing Provider, 2 calendar days after giving Tenant a Notice to Pay (C.A.R. Form PPN). Notice may be delivered to Tenant (i)in person;(ii)by mail to Tenant's last known address; or (iii)by email, if provided in Tenant's application or previously used by Tenant to communicate with Housing Provider or it's agent. If Housing Provider elects to void the lease, Housing Provider shall refund to Tenant all rent and security deposit paid. (Check A or B): A. Month-to-Month:This Agreement continues from the commencement date as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Tenant shall be responsible for paying rent through the termination date even if moving out early. Housing Provider may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. B. Lease:This Agreement shall terminate on (date) at AM/ PM. Tenant shall vacate the Premises upon termination of the Agreement, unless:(i)Housing Provider and Tenant have extended this Agreement in writing or signed a new agreement;(ii)mandated by any rent increase cap or just cause eviction control under any state or local law; or (iii)Housing Provider accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be at a rate agreed to by Housing Provider and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect. 3.RENT:"Rent" shall mean all monetary obligations of Tenant to Housing Provider under the terms of the Agreement, except security deposit. A.Tenant agrees to pay $ per month for the term of the Agreement. B.Rent is payable in advance on the 1st (or ) day of each calendar month, and is delinquent on the next day. C.If Commencement Date falls on any day other than the day Rent is payable under paragraph 3B, and Tenant has paid one full month's Rent in advance of Commencement Date, Rent for the second calendar month shall be prorated and Tenant shall pay 1/30th of the monthly rent per day for each day remaining in the prorated second month. D. PAYMENT: (1) Rent shall be paid by personal check, money order, cashier's check, made payable to , wire/electronic payment to , or other . Payment via electronic apps such as PayPal or Venmo will not ( will) be accepted. (2) Rent shall be delivered to (name) (whose phone number is) at (address) (or at any other location subsequently specified by Housing Provider in writing to Tenant) (and if checked, rent may be paid personally, between the hours of and on the following days ). (3)If any payment is returned for non-sufficient funds (“NSF”) or because tenant stops payment, then, after that:(i)Housing Providermay,in writing, require Tenant to pay Rent in cash for three months and (ii)all future Rent shall be paidby money order, or cashier's check. E.Rent payments received by Housing Provider shall be applied to the earliest amount(s) due or past due. 4. SECURITY DEPOSIT: A.Tenant agrees to pay $ as a security deposit. Security deposit will be transferred to and held by the Owner of the Premises, or held in Owner's Broker's trust account. B.All or any portion of the security deposit may be used, as reasonably necessary, to:(i)cure Tenant's default in payment of Rent (which includes Late Charges, NSF fees or other sums due);(ii)repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest, invitee or licensee of Tenant;(iii)clean Premises, if necessary, upon termination of the tenancy; and (iv) replace or return personal property or appurtenances.SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT.If all or any portion of the security deposit is used during the tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 21 days after Tenant vacates the Premises, Housing Provider shall: (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition and supporting documentation as required by California Civil Code § 1950.5(g); and (2) return any remaining portion of the security deposit to Tenant. Tenant's Initials / Housing Providers Initials / © 2023, California Association of REALTORS®, Inc. RLMM REVISED 6/23 (PAGE 1 OF 9) RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 1 OF 9) Phone: Fax: Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 09/05/2023 Glendale AZ Shaw Carpet Cleaning Sound Teaching 2875 N Los Felices Rd 109, Palm Springs, CA 92262 Glendale AZ Shaw Carpet Cleaning See Addendum X 09/15/2023 X 12/05/2023 5 X 2,900.00 Sound Teaching X Sound Teaching: Justine Smith (714)684-1514 3400 Cottage Way G2 Ste #1698 Sacramento, Ca 95825 X Harcourts Prime Properties, 3 Monarch Bay Plaza Suite 103 Dana Point CA 92629 3103464689 2875 N Los Felices Ashley Daniels Premises: Date: C. Security deposit will not be returned until all Tenants have vacated the Premises and all keys returned. Any security deposit returned by check shall be made out to all Tenants named on this Agreement, or as subsequently modified. D.No interest will be paid on security deposit unless required by local law. E.If the security deposit is held by Owner, Tenant agrees not to hold Broker responsible for its return. If the security deposit is held in Owner's Broker's trust account,and Broker's authority is terminated before expiration of this Agreement,and security deposit is released to someone other than Tenant,then Broker shall notify Tenant, in writing, where and to whom security deposit has been released. Once Tenant has been provided such notice, Tenant agrees not to hold Broker responsible for the security deposit. 5.MOVE-IN COSTS RECEIVED/DUE:Move-in funds shall be paid by personal check, money order, cashier's check, or wire/ electronic payment. Category Total Due Payment Received Balance Due Due Date Payable To Rent from to (date) *Security Deposit Other Other Total * The maximum amount of security deposit, however designated, cannot exceed two months' Rent for an unfurnished premises, or three months' Rent for a furnished premises, in addition to any rent for the first month paid on or before initial occupancy. This limitation does not prohibit the payment of “advance rent” of not less than six months' rent if the term of the lease is six months or longer. 6. LATE CHARGE; RETURNED CHECKS: A.Tenant acknowledges either late payment of Rent or issuance of a returned check may cause Housing Provider to incur costs and expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Housing Provider. If any installment of Rent due from Tenant is not received by Housing Provider within 5 (or ) calendar days after the date due, or if a check is returned, Tenant shall pay to Housing Provider, respectively, an additional sum of $ or % of the Rent due as a Late Charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check, either or both of which shall be deemed additional Rent. B.Housing Provider and Tenant agree that these charges represent a fair and reasonable estimate of the costs Housing Provider may incur by reason of Tenant's late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of Rent. Housing Provider's acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Housing Provider's right to collect a Late Charge or NSF fee shall neither be deemed an extension of the date Rent is due under paragraph 3 nor prevent Housing Provider from exercising any other rights and remedies under this Agreement and as provided by law. 7. PARKING: (Check A or B) A.Parking is permitted as follows: . The right to parking is is not included in the Rent charged pursuant to paragraph 3. If not included in the Rent, the parking rental fee shall be an additional $ per month. Parking space(s) are to be used only for parking properly registered and operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked on the Premises. Mechanical work, or storage of inoperable vehicles, or storage of any kind is not permitted in parking space(s) or elsewhere on the Premises except as specified in paragraph 8. OR B.Parking is not permitted on the real property of which the Premises is a part. 8. STORAGE: (Check A or B) A.Storage is permitted as follows: The right to separate storage space is, is not, included in the Rent charged pursuant to paragraph 3. If not included in the Rent, storage space fee shall be an additional $ per month. Tenant shall store only personal property Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances. OR B.Except for Tenant's personal property, contained entirely within the Premises, storage is not permitted on the Premises. 9. UTILITIES:Tenant agrees to pay for all utilities and services, and the following charges:. except , which shall be paid for by Housing Provider, or as agreed on a separate addendum. If any utilities are not separately metered, Tenant shall pay Tenant's proportional share, as reasonably determined and directed by Housing Provider. If utilities are separately metered, Tenant shall place utilities in Tenant's name as of the Commencement Date. Housing Provider is only responsible for installing and maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from existing utilities service provider. A. Water Submeters:Water use on the Premises is measured by a submeter and Tenant will be separately billed for water usage based on the submeter. See attached Water Submeter Addendum (C.A.R. Form WSM) for additional terms. B. Gas Meter:The Premises does not have a separate gas meter. C. Electric Meter:The Premises does not have a separate electrical meter. 10. CONDITION OF PREMISES:Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and fixtures, including smoke alarm(s) and carbon monoxide detector(s). (Check all that apply:) A.Tenant's acknowledgment of the condition of these items is contained in an attached statement of condition (C.A.R. Form MII). Tenant's Initials / Housing Providers Initials / RLMM REVISED 6/23 (PAGE 2 OF 9) RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 2 OF 9) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 2875 N Los Felices Rd 109, Palm Springs, CA 92262 09/05/2023 09/05/2023 10/05/2023 $2,900.00 $2,900.00 09/15/2023 Sound Teaching $2,900.00 $2,900.00 100.00 X Any covered or uncovered space X X X 2875 N Los Felices Premises: Date: B. (i)Housing Provider will Deliver to Tenant a statement of condition (C.A.R. Form MII) within 3 days after execution of this Agreement; prior to the Commencement Date; within 3 days after the Commencement Date.(ii)Tenant shall complete and return the MII to Housing Provider within 3 (or ) days after Delivery. Tenant's failure to return the MII within that time shall conclusively be deemed Tenant's Acknowledgement of the condition as stated in the MII. C.Tenant will provide Housing Provider a list of items that are damaged or not in operable condition within 3 (or ) days after Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the Premises. D.Other: . 11. MAINTENANCE USE AND REPORTING: A.Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixtures, carbon monoxide detector(s) and smoke alarms, and keep them and the Premises clean, sanitary and well ventilated. Tenant shall be responsible for any additional phone lines beyond the one line and jack that Housing Provider shall provide and maintain. Tenant shall replace any burned out or malfunctioning light bulbs. Tenant shall immediately notify Housing Provider, in writing, of any problem, malfunction or damage with any item including carbon monoxide detector(s) and smoke alarms on the property. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines. B. HousingProvider Tenant shall water the garden, landscaping, trees and shrubs, except: . C. HousingProvider Tenant shall maintain the garden, landscaping, trees and shrubs, except: . D. Housing Provider Tenant shall maintain . E.Housing Provider and Tenant agree that State or local water use restrictions shall supersede any obligation of Housing Provider or Tenant to water or maintain any garden, landscaping, trees or shrubs pursuant to paragraphs 11B, 11C, and 11D. F.Tenant's failure to maintain any item for which Tenant is responsible shall give Housing Provider the right to hire someone to perform such maintenance and charge Tenant to cover the cost of such maintenance. G.The following items of personal property are included in the Premises without warranty and Housing Provider will not maintain, repair or replace them: . H.Tenant understands that if Premises is located in a Common Interest Development, Housing Provider may not have authority or control over certain parts of the Premises such as roof, electrical, gas or plumbing features inside certain walls, and common areas such as landscaping, shared parking structure or garage. I.Tenant shall not use the premises to plant, grow, cultivate or sell marijuana. 12. NEIGHBORHOOD CONDITIONS:Tenant is advised to satisfy himself or herself as to neighborhood or area conditions, including, but not limited to, schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant. 13. ANIMALS:Unless otherwise provided in California Civil Code § 54.2, or other law, no animal or pet shall be kept on or about the Premises without Housing Provider's prior written consent, except as agreed to in the attached Animal Terms and Conditions Addendum (C.A.R. Form ATCA). 14. SMOKING: A. (i)Tenant is responsible for all damage caused by smoking including, but not limited to stains, burns, odors and removal of debris;(ii)Tenant acknowledges that in order to remove odor caused by smoking, Housing Provider may need to replace carpet and drapes and paint the entire premises regardless of when these items were last cleaned, replaced or repainted. Such actions and other necessary steps will impact the return of any security deposit. B.The Premises or common areas may be subject to a local non-smoking ordinance. C.NO SMOKING of any substance is allowed on the Premises or common areas. If smoking does occur on the Premises or common areas,(i)Tenant is in material breach of this Agreement;(ii)Tenant, guests, and all others may be required to leave the Premises. Smoking of the following substances only is allowed: . 15. RULES/REGULATIONS: A.Tenant agrees to comply with all Housing Provider rules and regulations that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests, invitees and licensees of Tenant shall not, disturb, annoy, endanger or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, under federal, state or local law including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises. B. (If applicable, check one) (1) Housing Provider shall provide Tenant with a copy of the rules and regulations within daysor . OR (2) Tenant has been provided with, and acknowledges receipt of, a copy of the rules and regulations. 16. (If checked)CONDOMINIUM; PLANNED UNIT DEVELOPMENT: A.The Premises are a unit in a condominium, planned unit development, common interest subdivision or other development governed by a homeowners' association (“HOA”). The name of the HOA is . Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions (“HOA Rules”). Tenant shall reimburse Housing Provider for any fines or charges imposed by HOA or other authorities, due to any violation by Tenant, or the guests or licensees of Tenant or Housing Provider shall have the right to deduct such amounts from the security deposit. Tenant's Initials / Housing Providers Initials / RLMM REVISED 6/23 (PAGE 3 OF 9) RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 3 OF 9) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 2875 N Los Felices Rd 109, Palm Springs, CA 92262 09/05/2023 X X X X X X Furniture and Appliances No Smoking Unit X X Palm Springs Villa I 2875 N Los Felices Premises: Date: B.If applicable, Tenant is required to pay a fee to the HOA to gain access to certain areas within the development such as but not necessarily including or limited to the front gate, pool, and recreational facilities. If not specified in paragraph 5, Tenant is solely responsible for payment and satisfying any HOA requirements prior to or upon or after the Commencement Date. C. (Check one) (1) Housing Provider shall provide Tenant with a copy of the HOA Rules within days or . OR (2) Tenant has been provided with, and acknowledges receipt of, a copy of the HOA Rules. 17. ALTERATIONS; REPAIRS:Unless otherwise specified by law or paragraph 25C, without Housing Provider's prior written consent, (i)Tenant shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials;(ii)Housing Provider shall not be responsible for the costs of alterations or repairs made by Tenant;(iii) Tenant shall not deduct from Rent the costs of any repairs, alterations or improvements; and (iv)any deduction made by Tenant shall be considered unpaid Rent. 18. KEYS; LOCKS: A.Tenant acknowledges receipt of (or Tenant will receive prior to the Commencement Date, or ): key(s) to Premises, remote control device(s) for garage door/gate opener(s), key(s) to mailbox, , key(s) to common area(s), , B.Tenant acknowledges that locks to the Premises have, have not, been re-keyed. C.If Tenant re-keys existing locks or opening devices, Tenant shall immediately deliver copies of all keys to Housing Provider. Tenant shall pay all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by Tenant. 19. ENTRY: A.Tenant shall make Premises available to Housing Provider or Housing Provider's representative for the purpose of entering to make necessary or agreed repairs (including, but not limited to, installing, repairing, testing, and maintaining smoke detectors and carbon monoxide devices, and bracing, anchoring or strapping water heaters, or repairing dilapidation relating to the presence of mold), decorations, alterations, or improvements; or supplying necessary or agreed services; or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, contractors and others (collectively “Interested Persons”). Tenant agrees that Housing Provider, Broker and Interested Persons may take photos of the Premises. B.Housing Provider and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except as follows: (1) 48-hour written notice is required to conduct an inspection of the Premises prior to the Tenant moving out, unless the Tenant waives the right to such notice. (2) If Housing Provider has in writing informed Tenant that the Premises are for sale and that Tenant will be notified orally to show the premises (C.A.R. Form NSE), then, for the next 120 days following the delivery of the NSE, notice may be given orally to show the Premises to actual or prospective purchasers. (3) No written notice is required if Housing Provider and Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral agreement. (4)No notice is required:(i)to enter in case of an emergency;(ii)if the Tenant is present and consents at the time of entry; or (iii)if the Tenant has abandoned or surrendered the Premises. C. (If checked) Tenant authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees to sign a keysafe/ lockbox addendum (C.A.R. Form KLA). 20. PHOTOGRAPHS AND INTERNET ADVERTISING: A.In order to effectively market the Premises for sale or rental it is often necessary to provide photographs, virtual tours and other media to Interested Persons. Tenant agrees that Broker may photograph or otherwise electronically capture images of the exterior and interior of the Premises (“Images”) for static and/or virtual tours of the Premises by Interested Persons for use on Broker's website, the MLS, and other marketing materials and sites. Tenant acknowledges that once Images are placed on the Internet neither Broker nor Housing Provider has control over who can view such Images and what use viewers may make of the Images, or how long such Images may remain available on the Internet. Tenant is advised to store or otherwise remove from view, anything of a personal nature which Tenant would not want to appear in any Images, including but not limited to, family photos, documents, or other valuables. B.Tenant acknowledges that prospective Interested Persons coming onto the Premises may take photographs, videos or other images of the Premises. Tenant understands that Broker does not have the ability to control or block the taking and use of Images by any such persons. Once Images are taken and/or put into electronic display on the Internet or otherwise, neither Broker nor Housing Provider has control over who views such Images nor what use viewers may make of the Images. 21. SIGNS:Tenant authorizes Housing Provider to place FOR SALE/LEASE signs on the Premises. 22.ASSIGNMENT; SUBLETTING: A.Tenant shall not sublet all or any part of Premises, or parking or storage spaces, or assign or transfer this Agreement or any interest in it, without Housing Provider's prior written consent. Unless such consent is obtained, any assignment, transfer or subletting of Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall, at the option of Housing Provider, terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Housing Provider an application and credit information for Housing Provider's approval and, if approved, sign a separate written agreement with Housing Provider and Tenant. Housing Provider's consent to any one assignment, transfer or sublease, shall not be construed as consent to any subsequent assignment, transfer or sublease and does not release Tenant of Tenant's obligations under this Agreement. B.This prohibition also applies ( does not apply) to short term, vacation, and transient rentals such as, but not limited to, those arranged through AirBnB, VRBO, HomeAway or other short term rental services. C.Any violation of this prohibition is a non-curable, material breach of this Agreement. 23. JOINT AND INDIVIDUAL OBLIGATIONS:If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant, and individually, whether or not in possession. Tenant's Initials / Housing Providers Initials / RLMM REVISED 6/23 (PAGE 4 OF 9) RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (RLMM PAGE 4 OF 9) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 2875 N Los Felices Rd 109, Palm Springs, CA 92262 09/05/2023 X X 1 X 1 pool pass X 1 X 2875 N Los Felices