TMP Lease Documents 20211004122641
TMP Lease Documents 20211004122641
TMP Lease Documents 20211004122641
The Rental Lease Agreement (“Lease”) is made and entered as of the date written below by Cardinal Group
Management Midwest LLC (“Manager”), as agent for Bayport Bunsen Associates LP (“Master Resident
Landlord”), (both Manager and Master Resident Landlord collectively, hereinafter referred to as “Landlord”)
and the undersigned resident(s) Giancarla F Gallo (each hereafter referred to as “Resident”) at Cerca
Student Housing, located at 5716 Hardy Avenue, in San Diego, CA 92115 (“Management Office”). The
members, managers, partners, officers, principals, directors, agents, employees, and contractors of the Landlord
shall hereinafter be referred to as the “Landlord Parties”.
Lease Term: Start Date: 01/01/2022, 10:00AM End Date: 07/31/2022, 12:00PM
The Lease Term is finite, as defined by the Start and End dates, and does not automatically renew or revert
to a month to month status at the end of Lease Term. Unless the Resident enters into a new lease of the
Apartment prior to the End Date, Resident must vacate the Apartment by the date and time specified above.
* Unless renewing the same unit, the Unit # will not be assigned at lease signing.
N/A
Utility Fee $60.00 Premium Fee 2 $N/A
N/A
DUE PRIOR TO MOVE- $1,305.00 TOTAL RECURRING $1,005.00
IN: INSTALLMENT (“Rent”)
Rent, or the Total Recurring Installment amount does not include utility usage charges if utility usage is
billed to the Resident in arrears. Please refer to Section 10 - Utilities for the specific usage and billing terms
for Cerca Student Housing, as prescribed in the Lease.
RENTAL AGREEMENT AND LEASE
Base Rent for Lease Term: Payment in 7 equal installments of $1,005.00 due on the 1st of each month,
with the first payment due on 01/01/2022 and the final payment due on 7/1/2022 with the sum of all
payments due equaling $7,035.00.
The total rent due will not be pro-rated according to the date the Resident takes possession of the unit or
the date the Resident surrenders the unit.
AGREEMENT: RESIDENT ACKNOWLEDGES AND AGREES THAT RESIDENT HAS CAREFULLY READ
AND UNDERSTANDS THIS LEASE AND THAT RESIDENT ACKNOWLEDGES THAT THIS LEASE
CONSTITUTES A BINDING AND ENFORCEABLE CONTRACT BETWEEN LANDLORD AND RESIDENT.
LANDLORD AGREES TO LEASE TO RESIDENT, AND RESIDENT AGREES TO LEASE FROM LANDLORD,
THE PREMISES, SUBJECT TO THE TERMS AND PROVISIONS OF THIS LEASE.
2. DESCRIPTION OF PREMISES. The Landlord hereby leases to Resident and Resident hereby leases from
Landlord the Premises, which is an apartment in the Property, described herein and in Section 1. Summary
of Lease Term, Fees & Installments. “Apartment or Unit” means the apartment unit and bedroom
identified by Landlord at or prior to the beginning of the Lease Term. “Premises” means the shared use and
occupancy of the apartment’s common areas, bedrooms, bathrooms, and other areas in the apartment unit
so identified subject to the terms and conditions of this Lease. The Resident also enjoys the nonexclusive use
of certain common areas located throughout the Property, subject to the terms and conditions of this Lease
and the Property’s Rules and Regulations, as Exhibit A - Resident Handbook: Rules and Regulations.
3. TERM. The Premises are to be used and occupied by Resident as a residence, for the period described in
the Summary of Lease Term, Fees & Installments subject to adjustment pursuant to Section 1 (the “Lease
Term”). It is expressly understood that this Lease is for the entire Term whether or not the Resident is able
to continue occupying the Premises. Accordingly, Resident’s obligation to pay the Rent hereunder shall
continue for the entire Term of this Lease and until all sums due Landlord hereunder have been paid in full.
4. RENT. Resident shall pay the Landlord the sum of the Rent. “Rent” means the total rent due for the
Premises, the amount which is listed in Section 1. Summary of Lease Term, Fees & Installments, “Total
Recurring Installment”, as well as any fees, fines, additional rent or other levies due under this Lease,
without offset or deduction. Rent shall be paid pursuant to the terms and conditions contained herein and in
the Summary of Lease Term, Fees & Installments. Rent shall be paid to the Property’s office at the address
listed in Summary of Lease Term, Fees & Installments, or at such other address provided to Resident by
Landlord by written notice (the “Management Office”).
Rent is due in the Management Office prior to close of business on the first day of the month listed in the
Recurring Installment Schedule in Section 1 of the Lease, below.
5. SECURITY DEPOSIT AND TERMS. As a condition to the effectiveness of this Lease, Resident may be
required to deposit with the Manager the Security Deposit as partial security for all obligations under this
Lease. The amount and nature of the required deposit is specified in Section 1 Move-In Charges. The total
amount of fees and deposits due prior to move-in is also specified in Section 1 “Due Prior to Move-In”.
The Security Deposit will not be the limit of damages if Resident violates this Lease, and Resident
may be liable for damages in excess of the Security Deposit. Among other items, the cost of labor and
materials for cleaning, repairs and replacements, in excess of “normal wear” and the amount of delinquent
payments of Rent and other charges, and late charges, may be deducted by the Manager from the Security
Deposit.
If the Security Deposit is reduced because Manager has applied all or part of it to Resident’s unpaid
obligations, Resident agrees that Resident will deposit with the Manager, within three (3) days after written
demand by Manager, the funds necessary to restore the Security Deposit to the full amount set forth in
Section 1 of this Lease. Resident cannot use the Security Deposit to offset or pay in advance any Rent or
any other charges under this Lease, but Manager can, but shall not be obligated to, use all or any part of the
Security Deposit for any of Resident’s unpaid obligations. Following the termination of this Lease, Manager
has 21 days to return any unused portion of the Security Deposit to Resident. Along with the return of all or
any portion of Resident Security Deposit, Manager will provide to Resident a description and itemized listing
of deductions that Manager has made from the Security Deposit, setting forth (i) the estimated cost of repair
for each damaged item, and (ii) the amounts on which Landlord intends to assess Resident. These materials
may be mailed (via first class mail) to the forwarding address provided by Resident at the time of move-out
and or the permanent address listed on the Resident’s application, and if undelivered, will be returned to
Manager at the Management Office.
6. APPLICATION AND OTHER EXPENSES. Each Resident shall pay to Landlord an Application Fee to
cover the costs associated with the processing of Resident’s Lease application at or before the execution of
this Lease. Further, each Resident shall pay to Landlord Landlord’s normal expenses incurred by Landlord
returning the Premises to their original condition at the commencement of the Lease, minus ordinary wear
and tear. In the event that Landlord incurs or will incur expenses in returning the Premises and/or Property
Common Area to the condition so required by this Lease, which amount exceeds the Landlord’s expenses,
Resident understands and agrees that Resident shall pay such excess expense to Landlord within thirty (30)
RENTAL AGREEMENT AND LEASE
7. LATE FEES AND RETURNED CHECKS. There are no prorated Rent amounts under this Lease. Resident
must also pay additional charges as identified in the Lease. Resident must pay Resident’s Rent on or before
the 1st day of each month (“Due Date”), or as specified on the Recurring Installment Schedule included in
Section 1 of the Lease, Summary of Lease Terms, Fees and Installments.
a. Rent that is not received by 11:59pm on the third (3rd) day of the month will be considered late, and
Resident will be obligated to pay an initial late fee in the amount of five (5%) percent of the outstanding
balance, which will be added to Resident’s account. Any payments received after the fifteenth (15th) day
of the month for amounts that are past due must be paid by certified funds. All Late Fees shall be
considered as Additional Rent. Late Fees are due and payable when assessed.
b. If Resident does not pay Rent on or before the due date, Resident will be in default and all remedies
under state law and this Lease will be available to Landlord.
c. Rent shall not be considered late if it is received by Landlord the 1st day of the month such Rent is due;
the Due Date, or as specified in Section 1 of the Lease.
d. Resident must pay full Rent when due and may not deduct funds from rental payments for any reason,
unless otherwise allowed by law. Landlord may first apply payment(s) towards any outstanding balances
due, such as, but not limited to delinquencies, prior balances, maintenance and/or damage charges,
additional Rent and lockout fees before the current Rent is credited.
e. Resident may not pay Rent in cash. Resident must pay Rent by check, money order, certified funds,
online payment, or as otherwise agreed by Landlord in writing. Landlord does not have to give Resident
a receipt for rental payments made by check or money order. Landlord may, at Landlord’s option,
require at any time that Resident pay all rent and other sums in certified or cashier’s check, money
order, or a single monthly check.
f. Any accord, satisfaction, conditions or limitations noted by Resident on or in any rental payment shall be
null and void.
g. Resident is liable for all costs or charges associated with Landlord having to provide special services
(unless required by law) to Resident or at Resident’s request and for all fees or fines as described in
Exhibit A – Resident Handbook - Rules and Regulations.
h. Landlord will not accept personal checks after the 15th of the month.
Checks tendered for Rent shall be made payable to the Landlord. There will be a service charge of $25.00
for a first returned check, and a service charge of $35.00 for each additional returned check. As such, the
NSF Fee shall be due and payable immediately upon notification to the Resident of such instance, and shall
be in addition to any late charges resulting from the check’s failure to clear. The NSF Fee shall constitute
additional Rent hereunder. Landlord may pursue any remedies available to it under this Lease or applicable
law to recover such charges in the same manner Landlord may exercise its remedies for failure to pay Rent.
If any check delivered to Landlord by Resident is returned for insufficient funds, then Landlord may refuse
payment by check thereafter and may require Resident to pay the delinquent amount and/or all subsequent
amounts due under this Lease by cashier's check, wire transfer, or certified funds. Landlord reserves the
right at any time during the term hereof to specify and demand a particular form of payment for all monies
due.
8. INSURANCE REQUIREMENTS. Resident shall, at his or her expense, provide, maintain and pay for
renter’s insurance that meets Landlord’s renter’s insurance specifications, and shall provide Landlord with
satisfactory evidence of such insurance, as specified in Exhibit B - Insurance and Indemnification Addendum.
Resident shall comply with all local ordinances and restrictions and will be responsible for violation fees to
Landlord caused by Resident’s improper or illegal use of the Premises whether or not Landlord had actual or
constructive notice of Resident’s improper or illegal use. Should Resident not provide a renter’s policy at the
time of move-in that meets the requirements outlined in Exhibit B – Insurance and Indemnification
Addendum, or if coverage lapses on the policy provided, Resident agrees to be enrolled in the Landlord
Placed Tenant Liability Insurance Policy (“LPTLI” or CardinalProtect”) program and billed accordingly until
such time that proof of sufficient coverage is provided.
9. LOCKS, KEYS, & ACCESS DEVICES. Locks may not be changed or added by Resident without prior
written permission of Landlord. Locks must be left in place upon vacating the Unit. Landlord must have keys
to all changed locks. All keys and, if applicable, gate cards and remotes must be returned to Landlord upon
termination of occupancy.
Landlord will furnish Resident with one key to the main entry door, one key to the bedroom, one key to the
mailbox, and one access remote, key fob or similar device (if applicable). Resident will be charged a Key
Replacement Fee, as defined in Exhibit E – Fee Schedule Addendum per lost entry door or bedroom key, per
lost mailbox key, and a Remote Replacement Fee, as defined in Exhibit E – Fee Schedule Addendum, per
remote or key fob not returned, or for those requiring replacement during the Term of Resident’s
occupancy. Each Resident may only possess one main entry door key; therefore, if the main entry door key is
lost and Resident requires a replacement, locks will be changed and Resident will be charged a Lock
Replacement Fee, as defined in Exhibit E – Fee Schedule Addendum, for the lock rotation. Resident agrees
that such keys are provided solely for Resident’s own use; duplicates will not be made of such nor will keys
be loaned to any person. Landlord reserves the right to suspend this service at any time.
In the event Resident is locked out of his apartment or bedroom during other than regular business hours
and requires Landlord’s assistance to gain reentry, Resident shall pay to Landlord a Lockout Fee, as defined
RENTAL AGREEMENT AND LEASE
in Exhibit E – Fee Schedule Addendum, which amount will be considered additional Rent, added to the
Resident’s ledger, and shall be paid to Landlord within 24 hours of such service.
10. UTILITIES. Landlord will supply and pay for the following utilities/services: Water, sewer, basic cable
television, and internet service. These utility accounts will be established and maintained in the Landlord’s
name.
a. Landlord agrees to furnish trash removal at specific locations throughout the Property. This does NOT
constitute door-to door trash pickup.
b. Resident must keep all utilities to the Apartment active; Resident cannot turn off Resident’s utilities if
Resident leaves, even for vacation.
c. Resident will pay for electric charges in the following manner: The monthly electric bill from the utility
provider will remain in Landlord’s name. Resident is jointly and severally liable with other Residents in
the Apartment for utility bills. Landlord will furnish electricity up to a maximum of $30.00 per person
per month, “Utility Cap”. In the event the electricity bill for the Apartment exceeds the Utility Cap per
person in a month, then Landlord shall bill each of the RENTAL AGREEMENT AND LEASE residents of
the Apartment an equal share of the overage, which be deemed Additional Rent. Any overage will be
billed on a quarterly basis and shall be due within ten (10) days from the delivery of billing notification.
d. The bill may be sent to Resident by a third-party billing provider. Resident acknowledges that the billing
provider is not a public utility. Landlord reserves the right to change the third-party billing provider at
any time, or to provide the billing to the Resident directly. Any disputes related to the computation of
Resident’s bills will be between the Resident and the Landlord.
e. If billed by a third-party provider, Resident will pay an upfront service fee of $60.00 in addition to the
usage charges. This service fee is for administration, billing, overhead and similar expenses and charges
incurred by Landlord for providing billing services and may be increased, with 60 days written notice
provided to Resident, if Landlord’s expenses increase.
f. The billing methods described herein may be changed by Landlord by providing Resident with 60 days
prior written notice and Resident acknowledges that in certain situations it is necessary to make a
change to the billing method.
g. Failure to pay any of said charges shall be considered a material breach of the lease agreement and
Landlord shall have the right to commence legal proceedings against Resident and all occupants
including but not limited to an unlawful detainer action to recover possession of the premises.
h. Upon termination or expiration of the lease, unpaid bills may be deducted from Resident’s security
deposit, and for such purpose Landlord and Resident agree that the charges described in this addendum
are considered Additional Rent.
i. Resident agrees to use utilities in a careful and conservative manner.
j. Resident agrees that Owner may estimate any and all utility charges above upon Resident’s move-out
through the end of the leasing term. Estimated bill will be based upon Resident's previous usage.
k. Unless Landlord instructs Resident otherwise, Resident must, for 24-hours a day during freezing
weather, (i) keep Unit heated to at least 50 degrees F., (ii) keep cabinet and closet doors open; and (iii)
drip hot and cold water faucets. For any day with weather exceeding 100 degrees, Resident must keep
Unit cooled to a temperature no higher than 85 degrees F. Resident is liable for damage to both
Landlord’s and Resident’s property and the property of others if the damage is the result of the utilities
being turned off or because of broken water pipes due to Resident’s violation of these requirements.
l. Resident must first Call 911 in case of fire and other life-threatening situations. Landlord offers 24-hour
response to emergency service requests. The following issues will be considered maintenance
emergencies: broken water lines, no heat when the outside temperature is below 50 degrees F, no a/c
when the outside temperature is above 85 degrees F, no electricity (Resident(s) will be charged if
Landlord responds and finds that the electric service was disconnected by the utility company for non-
payment), refrigerator/freezer not cooling, and no hot water.
Notwithstanding the foregoing, Landlord shall not be liable for loss or damage resulting from interruption of
heat, electricity, water, sewer, telephone, cable TV, internet or any other utility services, or for the
malfunction of machinery or appliances serving the Premises or any part of the Property. Resident shall pay
for any fees, fines, penalties or other charges assessed against Landlord or Resident for Resident’s misuse of
any utility service, including but not limited to, use that violates the law, rules and regulations, or rules and
regulations of such service provider
If it is necessary for Landlord to pay any costs or repairs due to Resident’s failure to pay or failure to
activate any utility under Resident’s name, if required per the terms defined in this section, above, or if
Resident disconnects any utility before the Lease end date, then Resident will reimburse Landlord for such
amount a Utility Loss Recovery fees, as prescribed in Exhibit E – Fee Schedule Addendum and the total
amount is payable by Resident to Landlord as additional Rent. Resident is responsible to pay for all utilities
during the Lease term, as defined in this section, Utilities, even if Resident moves out prior to the End Date
in Section 1 of the Lease.
11. INTERNET AND TELEVISION. Landlord is providing basic internet and basic cable service to Resident.
Service is subject to Network Access, Acceptable Use and performance level terms (see below). If Resident
wants additional television channels, voice service or additional internet capacity, they will be at Resident’s
expense and Resident must make arrangements through the Landlord-approved provider. Additional
RENTAL AGREEMENT AND LEASE
services not paid by Landlord must remain on and paid for by Resident, in Residents’ name, through
Resident’s contracted ending date regardless of whether Resident has moved out.
Landlord will not be liable for any interruption, surge, or failure of telecommunications services (including
internet access, television service and voice service) to the Apartment or any damage directly or indirectly
caused by the interruption, surge or failure. Resident hereby releases Landlord from any and all such claims
and waive any claims due to such outages, interruptions, or fluctuations.
Network Access. Resident may find it necessary to purchase a network interface card, wireless PC card or
other hardware in order to connect to the internet service. Landlord is not responsible for the purchase of
these items and Landlord cannot guarantee compatibility with any device Resident may have. The computer
and network card must have software installed that supports the Internet Protocol commonly referred to as
TCP/IP. Any conflicts between the software compatibility of the network and the Resident’s computer
operating system or any other feature will be the responsibility of the Resident to resolve. Landlord will not
be responsible for software issues related to the user’s personal computer.
Acceptable Use. Internet services, equipment, wiring and/or jacks may not be tampered with or modified.
Internet users shall not setup, host or maintain “server” type services. The Internet may be used for only
legal purposes and to access only those systems, software and data for which the user is authorized.
Sharing access to copyrighted material on the network is prohibited. Be advised that Landlord and
Landlord-approved provider will cooperate fully with any law enforcement agency or official in the
disclosure of all pertinent information pertaining to any investigation or prosecution of illegal conduct by an
individual or Apartment where access of the Internet services were obtained.
All users of the Internet are advised to consider the open nature of information disseminated electronically,
and should not assume any degree of privacy or restricted access to such information. Landlord and
Landlord approved-provider strive to provide a high degree of security for transferring data, but cannot be
held responsible if these measures are circumvented and information is intercepted, copied, read, forged,
destroyed or misused by others.
Performance Rises. Many factors affect the speed of access to the Internet. Internet users are not
guaranteed the maximum service performance (throughput speed) level but every reasonable effort will be
made to ensure a high quality of service is delivered. Internet users understand that any content that they
may access may be subjected to “caching”. Simultaneous use of bandwidth applications (i.e.: streaming
media) by multiple users may result in a user experience that is slower when compared to single user.
Service outages for maintenance, equipment failures, or emergency servicing will happen over the course of
the year.
12. FURNISHINGS. Landlord will furnish the Apartment according to Exhibit I - Furniture Addendum. If
damage to the furniture occurs, Resident will be charged for the repair/replacement costs to return the
furniture to its original condition. Normal wear and tear and manufacturer’s defects will not be the
responsibility of the Resident. As the caretaker of the furniture, it is the Resident’s responsibility to notify
the Manager if there is an occurrence of a manufacturer’s defect to the furniture in the Apartment. If
Resident does not notify the Manager of any defects to the furniture, Resident could be charged for the
damage.
Damages to the furniture include, but are not limited to, the following examples:
a) Food Stains and Odor Stains;
b) Tears to the Fabric;
c) Structural Damage (i.e. broken leg, broken drawer);
d) Broken, Cracked, or Chipped Glass;
e) Pet Stains;
f) Discoloration of the Wood or Fabric; and
g) Chipped or Marred Wooden Surface
13. OTHER SERVICES. If Landlord, or an affiliate, elects to provide any optional services to residents and
Resident elects to use such service, the charges for such service(s) used by Resident shall be deemed
additional Rent and Resident’s failure to timely pay for the same shall constitute a default hereunder.
It is expressly understood and agreed that, to the extent that the Landlord may provide, use, or maintain any
of the following equipment or services, such provision, use, and/or maintenance of security officers,
intrusion alarms, video surveillance, panic switches, fire extinguishers, fire sprinkler systems, alarm
systems, and any and all other security measures (collectively, the “Measures”), is, to the extent not
required by law, purely discretionary on the part of Landlord and in no way has Landlord agreed or
committed to insure, guarantee, indemnify, or to otherwise protect Resident’s person or property, or the
person or property of any guest, invitee, or other resident of the Property. Landlord makes no warranty
that any of the Measures are, except as required by law, in operating condition or will be used at any or all
times. To the extent permitted by applicable law, Landlord and Resident expressly agree that Landlord shall
not be liable for any use, misuse, or failure of such Measures.
An apartment key will be issued to each Resident. In the event replacement keys are needed, a new key will
be issued to the Resident upon payment of a key replacement fee, as specified in Section 9: Keys, Locks and
RENTAL AGREEMENT AND LEASE
Access Devices. Likewise, the Resident will report immediately any lost, stolen or damaged key to Landlord.
There shall be no locks installed by the Resident without Landlord’s prior written approval.
15. GOVERNING LAW. This lease is governed by and to be construed in accordance with the laws of the state
in which the Property is located, and the ordinances of the city and county in which the Property is located,
and any actions brought with respect to this Lease shall be in the courts of such county.
16. DEFAULT CONDITIONS OF LEASE. Time of rent payment is of the essence. In the event a Rent
Installment payment or any other amount due from Resident to Landlord is not received by Landlord on or
before the due date, as specified in Section 7: Late Fees and Returned Checks, then, at the option of
Landlord, such failure to pay on time shall constitute a default. If any Rent or other sums due from Resident
to Landlord is unpaid when due, Landlord may provide Resident with written notice of non-payment and
Landlord's intention to terminate Resident's rights under this Lease. If Resident fails to pay the rent or
other sum(s) within three (3) days of receipt of notice, or within a timeframe specified by local or state law,
then Resident shall be in default and Landlord may exercise its remedies under this Lease and under
applicable law.
In the event Resident shall fail to perform any other duty or condition of this Lease within three (3) days
after having received written notice from Landlord to do so, then Landlord may exercise its remedies under
this Lease and under applicable law. If Resident is in default hereunder and Landlord exercises its right of
eviction, this Lease is not terminated and will be terminated only upon the express release of Resident by
Landlord or the re-leasing of the Premises by Landlord. Otherwise, Rent will be due for the full Term after
eviction or abandonment.
In the event Resident intentionally misrepresents a material fact in this Lease or in any rental application
submitted in connection with this Lease, then, at Landlord’s option, Resident shall be in default and have no
right to remedy or cure such default and Landlord may exercise all remedies under this Lease and under
applicable law, including without limitation termination and recovery of damages permitted under
applicable law.
In the event Resident or any guest or invitee of Resident (a) possesses or uses illegal drugs at the
Property; (b) discharges a firearm at the Property, except as may be permitted by applicable law; or (c)
criminally assaults another resident, guest or invitee at the Property, except as may be permitted by
applicable law, then, at Landlord’s option, Resident shall be in default and have no right to remedy or cure
such default and Landlord may exercise all remedies under this Lease and under applicable law,
including without limitation termination and recovery of damages permitted under applicable law.
In the event (i) there is material noncompliance by Resident with any other duty or condition of this Lease
and Resident shall fail to cure such noncompliance within three (3) days after having received written notice
from Landlord of Landlord’s intention to termination Resident’s rights under this Lease or (ii) Resident
abandons the Premises prior to the expiration of the Term, then Resident shall be in default and Landlord
may exercise all remedies under this Lease and under applicable law, including without limitation
termination and recovery of damages permitted under applicable law.
Landlord shall not be liable for storage of Resident’s personal property, and if Resident leaves personal
property in the Apartment after termination of this Lease, Landlord may dispose of such personal property
without obligation to Resident and at Landlord’s sole discretion in compliance with applicable law.
RENTAL AGREEMENT AND LEASE
In the event of any default of this Lease that results in monies possibly being due or owed by the Resident, a
credit report concerning Resident may be obtained by the Landlord or its agents. The Resident agrees that,
upon surrender or abandonment of the Premises by Resident, and in any other event, the Landlord shall not
be liable or responsible for storage or disposition of the Resident’s personal property, as specified in Section
16 - Disposition of Personal Property, below.
The Resident authorizes Landlord to disclose any and all information known or discovered by Landlord
and/or its agents (including but not limited to addresses, phone numbers, and social security number) about
Resident to such parties (including but not limited to attorneys, collection agencies, and credit bureaus)
deemed appropriate by Landlord, in its sole discretion, in furtherance of Landlord’s efforts to collect Rent
and/or any other monies owed by Resident to Landlord.
17. DISPOSITION OF PERSONAL PROPERTY. Upon the surrender or abandonment of the Premises, or on
termination of this Lease by lawful eviction or expiration of the Term, Landlord shall not be liable or
responsible for storage or disposition of any personal property remaining on the Premises that belonged to
Resident or Resident's guests. Any such personal property shall be deemed abandoned and title shall vest in
Landlord and Landlord shall be entitled to dispose of any such personal property in any manner that it
deems fit in accordance with applicable law. Landlord shall be entitled to recover from Resident the
expenses incurred by Landlord in connection with handling, storing or otherwise disposing of Resident's
personal property.
18. SEVERABILITY, MODIFICATION, MISCELLANEOUS. If any clause or provision of this Lease is held to
be illegal, invalid or unenforceable, then the remainder of this Lease, or the application of such clause or
provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected
thereby, shall be legal, valid and enforceable to the fullest extent permitted by law. No modification,
alteration, amendment or other change to the terms of this Lease, including but not limited to handwritten
additions or deletions, shall be enforceable against Landlord unless made in writing and signed by an officer
of Landlord. This Lease may be executed in any number of counterparts, each of which shall be an original,
but all of which together shall constitute one and the same instrument (each Resident may execute a
signature page, which notes the names of the other residents). This Lease contains the entire agreement
between the parties hereto with respect to the matters to which it pertains, supersedes all prior written and
verbal representations and agreements.
The section headings used herein are for convenience purposes only and do not constitute matters to be
construed in interpreting this Lease. A waiver by either party of a breach by the other party of an obligation
of such other party pursuant to this Lease shall not be construed as a waiver of any succeeding breach of
the same or other term hereof.
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. Depending on an offender's criminal history, this information
will include either the address at which the offender resides or the community of residence and
ZIP Code in which he or she resides. (Cal. Civ. Code § 2079.10a)
19. OTHER REMEDIES. In addition to all of Landlord’s other rights and remedies under state law and this
Lease, Landlord may report unpaid amounts to credit agencies. If Resident defaults and moves out early,
Resident will pay Landlord any amounts stated to be rental amounts in Section 1. Summary of Lease Term,
Fees & Installments, in addition to other sums due. Upon Resident’s default, Landlord reserves all other
available legal remedies, including, but not limited to, Lease termination. Late charges are liquidated
damages for Landlord’s time, inconvenience, and overhead in collecting late Rent, but are not for attorney’s
fees and litigation costs.
20. ATTORNEYS FEES. To the extent permitted by applicable law, the parties hereby agrees that the
unprevailing party will reimburse the prevailing party’s costs, fees and expenses, including attorneys' fees
and court costs, arising in connection with any default by either party, as well as any action by Landlord for
enforcement of this Lease or eviction of Resident or to collect on any claims or damages against Resident.
21. ASSIGNMENT AND RELETTING. Resident shall not assign, relet or otherwise transfer their interest in
the Premises, or any part thereof, without Landlord's written consent which may be given or withheld in
Landlord's sole discretion. Upon written notice to Landlord from Resident that Resident requests to assign
and sublease this Lease, Landlord will accept a reasonable subtenant. In the event Landlord consents to an
assignment, re-let, or other transfer of the Premises to a person procured by Resident, Resident shall pay to
Landlord the reletting fee as specified in Exhibit E – Fee Schedule Addendum, and/or any other pertinent
fee, as applicable.
If Landlord is unsuccessful in reletting the Unit, then Resident remains liable under the Lease as provided
herein. Providing notification to the Landlord does not modify or amend the terms and conditions of this
Lease, release the Guarantor, and does not guarantee that an acceptable replacement Resident will be
identified.
Replacing a Resident is allowed only when Landlord consents in writing. If Resident permits another person
to live in Unit or provides a key to a person not named on this Lease, Resident will be in default of the Lease.
If departing or remaining Residents find a replacement Resident acceptable to Landlord before moving out
and Landlord expressly consents to the replacement, then:
a) Such substitute Resident will be obligated to the standard application fee, which shall be immediately
due and payable;
RENTAL AGREEMENT AND LEASE
b) The departing Resident must pay for all damage to the Unit and the Property as provided in this Lease;
c) The replacement Resident must meet the Rental Qualifications Criteria and Acknowledgement;
d) The replacement Resident must fully complete and execute a new Lease and all addenda, and cause a
new Guarantee to be executed and delivered;
e) A rekeying fee will be due if rekeying is requested or required; and
f) The departing Resident will no longer remain liable for all Lease Contract obligations for the rest of the
original Lease Contract term.
22. SERVICEMEMBER CIVIL RELIEF. In the event (a) Resident enters military service after the execution of
the Lease or (b) Resident, while in military service, executes the Lease and thereafter receives military
orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a
military operation, for a period of not less than ninety (90) days, Resident may terminate the Lease by
delivering written notice of such termination, and a copy of the service member’s military orders to the
Landlord.
23. CONDITION OF PREMISES. Resident hereby agrees that prior to the later of (a) two (2) business days
after the beginning of the Term or (b) the Resident’s occupation of the Premises, Resident shall provide
Landlord with a completed Unit Inspection Checklist, attached hereto as Exhibit P – Unit Inspection
Checklist, which sets out in reasonable detail any items or aspect of the Premises (and their furnishings and
fixtures) which Resident reasonably believes are deficient or damaged. Upon receipt of the completed Unit
Inspection Checklist, Landlord agrees to make such changes or accommodations for Resident as Landlord,
in Landlord’s sole opinion, deems are appropriate. Resident’s failure to timely deliver to Landlord such Unit
Inspection Checklist shall be a declaration by Resident that the Premises (and the furnishings and fixtures)
are in good repair and habitable condition.
24. MODEL DISCLAIMER. The model apartment unit, located at the leasing office or within the apartment
community, including but not limited to the counter tops, fixtures, flooring, carpet, appliances, furniture,
and other treatments, shown to the Resident is intended to be representative of the general quality and type
of construction and materials which Landlord intends to use in the apartment unit to be leased to Resident.
The actual colors, styles, sizes, shapes, designs, materials, upholstery and other treatments in the apartment
unit to be leased to Resident may vary. The actual apartment to be leased may vary in approximate size,
square footage, and the layout. Resident acknowledges that the actual apartment to be leased will not
include custom lighting, lamps, pictures, clothing, linens, unattached appliances, other personal property
and decorations contained in the model for display purposes. The actual furniture provided may vary based
on the number of beds and baths in the unit leased by Resident.
25. TEXT MESSAGING: In order to facilitate clear and quick communication, Landlord may send out
important text messages regarding property to resident communication, community events,
emergency announcements, or other important message via text message to the phone number
provided during the application and lease signing process. By signing this lease agreement,
Resident authorizes Landlord to send text messages. If Resident wishes to opt-out of this service,
Resident must notify Landlord in writing and Resident recognizes that opting out of receiving text
messages, may result in Resident not receiving certain messages from Landlord.
26. MOVE-IN AND MOVE-OUT PROCEDURES. Preceding Resident’s taking possession of the Premises,
Resident shall conduct an inspection of the Premises and shall note on the Unit Inspection Checklist,
attached hereto as Exhibit P – Unit Inspection Checklist, any conditions which are unacceptable to Resident.
It is Resident’s responsibility to submit a completed Unit Inspection Checklist to Landlord as required in
Section 23 - Condition of Premises. Resident and Landlord shall also respectively inspect the Premises upon
Resident’s surrendering possession thereof at the termination of this Lease and shall note in the space
provided on the Unit Inspection Checklist the condition of the Premises, including all appliances,
furnishings, and fixtures therein, and any damage done thereto which is deemed by Landlord to have arisen
during Resident’s occupancy and use of Premises.
Resident will be notified of any outstanding balance/charges within approximately twenty-one (21) days after
the termination of this Lease, or earlier as required by local and state law, which may be delivered by
regular mail or electronic mail. Landlord may remove and dispose of such items left on the Premises at
termination of this Lease without liability to Resident, and Resident shall pay to Landlord an Abandoned
Property Removal Fee.
Prior to Resident taking possession of the Premises, Resident shall have (a) paid all Rent (and any other
amounts) then due, (b) provided Landlord with the Proof required by Landlord (Section 13 - Resident
Creditworthiness; Parental or Sponsor Guarantees, (c) provided Landlord with proof of renter’s insurance
(see Section 6), (d) completed Landlord’s move-in procedures, and (e) cured any breaches of the Lease to
Landlord’s satisfaction.
27. RELOCATION. It is understood that the Property contains other apartment units in which other residents
may reside. For purposes of operating efficiency, Landlord reserves the right to relocate Resident
to another apartment unit at the Property, which substantially meets the Resident’s selections on the 1.
Summary of Lease Term, Fees and Installments. It is acknowledged that Landlord will exercise reasonable
discretion in exercising Landlord's rights pursuant to this section of this Lease. If Landlord exercises such
right, Landlord shall assist Resident in moving Resident's personal property to such new unit.
28. LAND LORD RIGHT OF ENTRY. Resident agrees that Landlord or its representative may enter the
Premises (a) at reasonable times after providing Resident at least one (1) days’ written notice in order to
inspect the Premises, make necessary or agreed repairs, decorations, alterations or improvements, or to
supply agreed services; (b) at any time in the case of emergency or if it is impracticable to provide Resident
RENTAL AGREEMENT AND LEASE
with at least one (1) days’ notice; and (c) at reasonable times after providing Resident at least one (1) days’
notice for the purpose of displaying the same to prospective or actual Residents, purchasers, mortgagees,
workmen or contractors.
Resident hereby agrees that Landlord, subject to the requirements of applicable law, can enter the Premises
(a) by passkey or otherwise at all reasonable and necessary times for inspection, maintenance,
housekeeping, property management, or for any other purpose reasonably connected with Landlord's
interest in the Premises and to perform any work or other act necessary in such connection; (b) at any time
in an emergency, without liability to Resident; (c) at times scheduled with Resident to show the Premises to
prospective residents, lenders, or purchasers; (d) if Resident defaults under this Lease; and (e) if Resident
abandons the Premises. Without limiting any rights of Landlord provided in this Lease or pursuant to
applicable law but subject to the requirements of applicable law, Resident hereby agrees that Landlord shall
have the right to inspect the Premises no less than once every three (3) months during the Term.
29. REMEDIES FOR HOLDOVER. If Resident holds over and continues in possession of the Premises or any
part thereof after the expiration of the Lease and notification to vacate, without Landlord’s written consent,
Landlord may recover possession of the Premises in accordance with state law. If Resident’s holdover is
willful and not in good faith, Landlord may also recover fair market rent or the actual damages sustained by
Landlord, whichever is greater, and other amounts permitted by applicable law.
30. MAINTENANCE AND REPAIRS. Landlord will be responsible for all repairs and maintenance to the
Premises, with the exception of (i) any repairs necessitated by Resident's intentional acts, negligence or
misuse of the Premises or damage (other than ordinary wear and tear) caused by Resident or Resident’s
guests or invitees; (ii) the replacement from time to time, as needed, of batteries in the smoke detectors and
carbon monoxide detectors in the Premises which will be the responsibility of Resident and (iii) the
replacement from time to time, as needed, of light bulbs in the Premises with compact fluorescent light
bulbs, which will be the responsibility of Resident. Resident must promptly notify Landlord, or its agent, in
writing, of any necessary repairs which need to be performed by Landlord. Resident must keep the
Premises and the items furnished by Landlord in good and clean condition. Landlord may require advance
payment of repairs or replacements for which Resident is responsible under this Lease.
Resident must promptly reimburse Landlord for all costs for necessary repairs or replacements to the
Property, the Premises or any of Landlord's furnishings, equipment or personal property that are
necessitated by Resident's or Resident’s guests' or invitees' intentional act, negligence, or misuse or any
damage (other than ordinary wear and tear) caused by Resident or Resident’s guests or invitees, and such
charges will be deemed additional rent hereunder. In the event repairs or replacements to the Premises or
any of Landlord's furnishings, equipment or personal property therein are necessitated by any intentional
acts, negligence, misuse or damage (other than ordinary wear and tear) and Landlord is unable to confirm
which Resident (or its guests or invitees) caused the damage, then Landlord may seek reimbursement from
all of the Residents occupying the Apartment, including but not limited to Resident, and all such Residents
will be jointly and severally liable to Landlord for the cost of the repairs and replacements.
Resident must promptly notify Landlord, or its agent, in writing, of the need for any repairs to the Premises
which are necessary to maintain the Premises in usable condition or otherwise to comply with Landlord's
obligations under this Lease. Landlord will, upon actual receipt of such notification, act with reasonable
diligence in making such repairs, and this Lease will continue. Rent will not be abated prior to completion of
the repairs; provided, that Landlord may require Resident to pay any money due from Resident for repairs
or replacements necessitated by the intentional act, negligent act, or misuse of the Property or any items
furnished by Landlord by Resident or Resident's guests or invitees, prior to making such repairs. Landlord
may temporarily interrupt utility services to the Premises to avoid damage to any portion of the Property or
to perform maintenance to any portion of the Property.
31. ALTERATIONS AND CHANGES TO PROPERTY. Resident shall not make any alterations, additions, or
improvements in or to the Premises or paint or decorate the Premises without Landlord's prior written
consent, and then only in a workmanlike manner using materials and contractors approved by Landlord. All
such work shall be done at Resident's expense and at such times and in such manner as Landlord may
approve. All alterations, additions, and improvements to the Premises, whether made by Landlord or
Resident, shall become the property of Landlord and shall remain upon and become a part of the Premises
at the end of the tenancy hereby created.
32. RESIDENT OBLIGATIONS AND RESPONSIBILITIES. Resident shall keep and maintain the Premises in
good, clean, and sanitary condition, excepting reasonable wear and tear, and shall make no alterations or
additions thereto without the prior written consent of Landlord.
a) Resident agrees that the Premises and all parts thereof shall be returned to the Landlord in the same
condition as it was received, less normal wear and tear. Normal wear and tear does not include, among
other things, dirt, scuffs, stains, marks, or dents to furniture, or vertical or horizontal surfaces.
b) Resident shall conduct himself or herself, and require others to conduct themselves in a manner that
does not unreasonably disturb neighbors or constitute breach of the peace.
c) Unless the damage or stoppage is due to Landlord’s negligence, Landlord shall not be liable for, and
Resident shall, to the extent permitted by applicable law, pay for repairs, replacement cost, and damage
to the following if occurring during the Term of this Lease or any renewal of this Lease: (1) damage to
doors, windows or screens; (2) damage from windows or doors left open; (3) damages from wastewater
stoppages caused by improper objects in lines exclusively serving the Premises; (4) damages
resulting from the termination of heat or electricity to the Premises, including but not limited to, water
damage to the Premises and other areas of the Property as the result of water pipes freezing and
subsequently bursting and refrigerators thawing, (5) damages resulting to the Premises and other areas
RENTAL AGREEMENT AND LEASE
of the Property from the activation of the fire sprinkler system caused by Resident’s act or
omission, including but not limited to, hanging items from fire sprinklers or use of unattended open
flames or electronic devices, and (6) damage and treatment due to the infestation of the Premises and
Property by pests, including but not limited to roaches, lice, fleas, bed bugs, and mice.
d) RESIDENT UNDERSTANDS AND AGREES THAT RESIDENT WILL BE OCCUPYING THE APARTMENT
JOINTLY WITH CERTAIN OTHER RESIDENTS, AND RESIDENT SHALL BE JOINTLY AND SEVERALLY
LIABLE WITH SUCH RESIDENTS FOR ANY DAMAGES TO THE PREMISES AND PROPERTY COMMON
AREAS.
e) Smoke alarms and carbon monoxide detectors have been installed in the Premises by the Landlord.
Resident shall not cause or allow any damage, disconnection, alteration or other tampering with such
alarms/detectors and shall not cause or allow any action having the effect of bypassing or otherwise
interfering with the proper operation of such alarms/detectors. Resident shall be responsible for (1) any
damage to door locks, latches or fire extinguishers, if any, within the Premises, other than damage
associated with normal wear and tear, and (2) replacement of batteries in such alarms/detectors during
the Term. Resident shall give Landlord prompt written notice if any such alarms, detectors, locks,
latches or fire extinguishers appear to be in need of repair or replacement. In the event that, due to
Resident’s failure to comply with this provision, or due to Resident causing or allowing a false alarm to
be sounded, resulting in any charge imposed by first responders (including, without limitation, law
enforcement, fire department or other emergency agencies), Resident shall be liable for all such charges
and for any additional charges imposed by Landlord relative to processing and responding to directives
issued by such first responders as well as all costs of restoring any resulting damage to the Property.
f) Tenant agrees abide by the terms set forth in Exhibit C - Mold and Mildew Prevention Addendum to take
reasonable steps in order to prevent or minimize the growth of mold and mildew within the Unit,
including: Tenant shall (a) remove any visible moisture accumulation in or on the Unit, including on
walls, windows, floors, ceilings, and bathroom fixtures, (b) mop up spills and thoroughly dry affected
area as soon as possible after occurrence, (c) use exhaust fans in kitchen and bathroom when
necessary, and (d) keep climate and moisture in the Unit at reasonable rises, (e) clean and dust the Unit
regularly, and shall keep the Unit, particularly the kitchen and bath, clean and dry. Resident shall
immediately notify Landlord in writing of (1) any evidence of a water leak or excessive moisture in the
Premises; (2) any evidence of mold- or mildew-like growth that cannot be removed by simply applying a
common household cleaner and wiping the area; (3) any failure or malfunction in the heating ventilation
or air-conditioning system in the Premises; and (4) any inoperable doors or windows. Except as
otherwise required by applicable law, Resident shall be responsible for damage to the Premises and
Resident’s property as well as personal injury to Resident or guests resulting from Resident’s failure to
comply with these terms. Tenant shall be liable to Landlord for damages sustained to the Unit or to
Tenant’s person or property as a result of Tenant’s failure to comply with the terms of this subsection. If
Landlord incurs the cost of pest control in Tenant’s Unit or the Property as a result of Tenant’s actions
all Tenants in the Unit shall be responsible for the cost.
g) Resident shall give notice to Landlord of any anticipated extended absence from the Apartment in excess
of fourteen (14) days (a “Material Absence”) no later than the fifth (5th) day of the extended absence.
A Material Absence includes a failure to move in to the Apartment within fourteen (14) days after the
beginning of the Term.
33. NON SOLICITATION OR DISTRIBUTION OF MATERIALS. Resident(s) may not distribute, post or hang
any signs or notices in any portion of the Property, without written approval from Landlord. Solicitation shall
not be permitted at the Property, either by Resident or others.
34. RULES, REGULATIONS AND LAWS. The Rules and Regulations, a copy of which is provided at resident’s
move-in and is available upon request, are incorporated herein by reference and explicitly in Exhibit A -
Resident Handbook: Rules and Regulations (“Rules and Regulations”). By executing this Lease, Resident
agrees to abide by the Rules and Regulations. Landlord reserves the right to make reasonable changes to
the Rules and Regulations and such amended Rules and Regulations shall be deemed to be binding upon
Resident so long as such changes do not require a substantial modification of Resident’s use of the
Apartment. Resident agrees to abide by all governmental laws, orders and regulations (the “Law”) and to
avoid disruptive behavior or conduct (a “Nuisance”).
35. WEAPONS. Unless preempted by a law authorizing you to possess a weapon on our private property,
possession of any weapon or ammunition in your apartment or anywhere in the apartment complex is
prohibited. This includes, but is not limited to guns, swords and knives with the blade over five and a half
inches. Possession of facsimile weapons is also prohibited. This includes but is not limited to pellet guns, air
soft pistols and B.B. guns.
36. PET POLICY. The community does not allow pets. Except as set forth in this section, if Resident is found
to have a pet on the Property at any time, without the written consent of Landlord, then, unless prohibited
by law, Resident shall pay a fine, as specified in Exhibit E - Fee Schedule Addendum, and will be in default of
the Lease and Landlord shall have the right to exercise its remedies under this Lease and under applicable
law, including without limitation, the right to terminate this Lease.
By initialing in the space below, Resident agrees that it does not intend to, and shall not, have a pet at the
Apartment at any time during the Term, any extension or renewal.
37. DAMAGES TO PROPERTY. If the Premises are partially damaged by fire or other casualty not caused by
Resident or Resident’s guest or invitees, but enjoyment of the Premises is not substantially impaired, the
Premises shall be promptly restored and repaired by Landlord and any rent for the period that the Premises
are unusable shall abate, unless Landlord provides Resident with a suitable alternate living space, in which
event rent shall not abate. If, however, the Premises are destroyed by fire or other casualty not caused by
Resident to an extent that enjoyment of the Premises is substantially impaired, or in the event Landlord, in
RENTAL AGREEMENT AND LEASE
its sole discretion, decides not to (a) repair any damage or destruction or (b) provide Resident with an
apartment at the Property similar to the Premises, by written notice to Resident, then this Lease may be
terminated by either Landlord or Resident by providing fourteen (14) days’ written notice of termination to
the other party, in which event the Rent shall cease to accrue as of the date of such damage or destruction.
Notwithstanding the foregoing, it is expressly understood and agreed that Resident shall not be excused
from paying rent if the damage or destruction of the Premises is the result of or is attributable to the
negligence or carelessness of Resident or the guest or invitees of Resident, and Resident shall be charged
for the cost of any repairs or clean-up attributable to the carelessness or negligence of Resident or the
guests or invitees of Resident. In the event of fire or other casualty, the Resident shall immediately notify
the Landlord.
38. NOTICES. Resident shall, within three (3) days after occurrence, notify Landlord, in writing, of any alleged
violation by Landlord of any of its obligations arising under this Lease or otherwise. Notices and Checks
Payable to and Service of Process on the Landlord must be made at the addresses shown on the first page of
the Lease agreement. The failure of Resident to make such notification in writing within the time prescribed
shall constitute a total and complete waiver of said objection and shall not be alleged by Resident as any
grounds for nonperformance of any provision of this Lease in a court of law or otherwise.
39. LIABILITY. Landlord shall not be liable for any loss of or damage to property of Resident or others or for
any injury or other damage to Resident or other persons by any cause of whatsoever nature, except as
required by applicable law.
a) To the extent permitted by applicable law, Resident agrees to release, indemnify and hold harmless
Landlord and the Landlord Parties from and against any and all claims, suits, actions, losses, costs,
liabilities, and damages, including, but not limited to, attorneys’ fees (collectively, a “Claim”), for (1)
injury or damage to persons, including death, and for damage to property resulting from or related to (i)
Resident’s occupancy of the Premises; (ii) any act or omission of Resident or their guests or invitees; (iii)
any act or omission of the Landlord and/or any of the Landlords Parties, to the extent allowable by law; ,
or (iv) Resident’s use of any Property Common Area, facilities, amenities, shuttle or equipment (the
“Facilities”) which the Landlord may supply for use by the Resident; (2) any Claim by Resident (or other
party) of a breach of this Lease by Landlord for which Resident failed to comply with the requirements
of Section 31 - Resident Obligations and Responsibilities of this Lease or for which Resident failed to
comply with the Lease; (3) any Claim by Resident which is contrary to the terms of the Lease; and (4) a
violation of a law by Resident or by Landlord, which violation was caused, in whole or in part, by an
act or omission of Resident or Resident’s guest or invitee (collectively, the “Releases”).
b) In the event of loss or damage to the Premises or any contents thereof, the Resident shall look solely to
any insurance carried by Resident covering such loss, as required in Section 8 - Insurance
Requirements. Resident hereby waives any right of Resident, or any party claiming through or under
Resident, by subrogation or otherwise, that Resident may have against Landlord, any of the Landlord
Parties and their insurers to recover for any insurable loss.
c) Resident agrees that use of the Facilities is at Resident’s own risk and Resident assumes full
responsibility for any personal injuries which may result from use of the Facilities. Resident has
represented and does hereby represent to Landlord and Manager that Resident does not have any
health problems which would restrict Resident’s ability to use the Facilities and that, whether or not any
health problems exist, Resident is using the Facilities at Resident’s own risk and discretion. Resident
further understands that he will not allow or authorize any other person(s) the use of Resident’s key or
access to the Facilities.
d) Subject to the requirements of applicable law, in no event shall Landlord’s liability arising under any
claims, suits, actions, losses, costs, liabilities, and/or damages of Resident exceed the amount of
payments of Rent from Resident to and received by Landlord.
40. FIRE AND OTHER CASUALTY. If in Landlord’s reasonable judgment, the Apartment, the Building or the
Apartment Community is materially damaged by Fire or other casualty, Landlord may terminate this Lease
within a reasonable time after such determination by giving Resident written notice of such termination. If
Landlord terminates this Lease, and Resident did not cause the loss, Landlord will refund prorated, prepaid
Rent and the Security Deposit, less lawful deductions. If Landlord determines that material damage has not
been caused to the Premises, the Building or the Apartment Community, or, if Landlord has elected not to
terminate this Lease, Landlord will, within a reasonable time, rebuild the damaged improvements. During
such reconstruction, there shall be a reasonable reduction of the Rent for the unusable portion of the
Premises unless Resident or Resident guest is the cause of the fire or casualty.
41. SAFETY. LANDLORD DOES NOT GUARANTEE RESIDENT SAFETY OR SECURITY. RESIDENT MUST
EXERCISE DUE CARE FOR RESIDENT SAFETY AND SECURITY AND THE SAFETY AND SECURITY OF
OTHERS. PLEASE READ THE SAFETY GUIDELINES ATTACHED TO THIS LEASE. None of our safety
measures are an expressed or implied warranty of security or a guarantee against crime or of a reduced risk
of crime. Landlord is not liable to Resident or any of Resident’s guests for injury to persons or damage or
loss to property caused by criminal conduct of other persons. Landlord is not obligated to furnish security
personnel, security lighting, security gates or fences, or other forms of security and Landlord can
discontinue any of such items provided at any time without notice. Resident is responsible for Resident’s
own safety and security.
42. SUBORDINATION AND ATTORNMENT. This Lease is subject and subordinate to the lien of any
mortgage, deed of trust or encumbrance now or at any time hereunder placed on the Property. The Resident
agrees to: (a) attorn to and recognize as Landlord hereunder any transferee that succeeds Landlord as
owners of the Property (whether by deed, foreclosure, deed in lieu of foreclosure or otherwise) and the
successors and assigns of such transferee; (b) comply with the terms of the Lease as if such transferee
executed this Lease on the date hereof and; (c) execute such further evidence of such attornment as such
transferee may request from time to time. The Resident agrees to promptly execute any instrument
RENTAL AGREEMENT AND LEASE
evidencing such subordination and attornment and confirming such factual matters and representations that
Landlord or its successors or assigns may request. The Resident further irrevocably appoints the Landlord
as his or her attorney-in-fact with full power and authority to execute any such instrument on behalf of
Resident.
43. TRANSFER BY LANDLORD. Landlord may transfer this Lease. If transferred, Resident’s obligations go to
the new Landlord. The new Landlord will have all of the rights that the current Landlord has under this
Lease. Landlord may transfer this Lease without first getting Resident’s approval.
44. SALE OF THE COMMUNITY. Any sale of the Community shall not affect this Lease or any Resident
obligations, but upon such sale, Manager will be released from all of its obligations under this Lease and the
new owner of the Community will be responsible for the performance of the duties of Landlord which arise
from and after the date of such sale.
NOTICE OF INDEMNIFICATION
LANDLORD AND RESIDENT HEREBY ACKNOWLEDGE AND AGREE THAT THIS LEASE CONTAINS
CERTAIN INDEMNIFICATION OBLIGATIONS AND COVENANTS.
Resident further acknowledges that he or she has received, read, understands and agrees to the terms and
conditions contained in the following Exhibits to this Lease, which are all incorporated by reference in their
entirety into this Lease:
I Furniture Addendum X
IN WITNESS WHEREOF, the parties have caused this Lease to be executed effective the
day and year written here below.
s145a - Cerca - LEASE - CGM Student Proprietary - PL
5.0
Signature Details
Signer IP Address Date Signed
Thank you for choosing Cerca Student Housing as your new home. It’s exciting for us to know we
can help get the most out of your experience by providing you with the best possible living conditions
and environment. It is our goal to ensure you are satisfied at all times, and doing so will require a
cooperative effort between us, our on-site team and you. Please take the time to read this handbook
so that we are all working together to uphold the safest, cleanest, and most inviting community
possible. The handbook covers all general and overarching policies, while the Addendum will include
community specific rules unique to your community.
The contents of this handbook are an extension of the policies and guidelines of the Rental
Agreement and Lease “Lease” and are subordinate to the terms and conditions of the Lease. The
handbook simply elaborates on the rules, responsibilities, and terms of the Lease, as well as outlines
procedures and protocol for certain events and circumstances that may arise. It is important that you
read and are familiar with the handbook’s content as you are held responsible to its terms and
policies by signing the Lease. Some situations may be outside the scope of this handbook, and
therefore, we reserve the right to change its’ contents as we believe necessary, and if applicable we
will notify you and the community. If you need additional information or have questions, please do not
hesitate to ask someone from your on-site staff.
When reading through the handbook, be aware of the terminology used. Any term defined in the
Lease will retain its meaning. Therefore, “you” and “your” refer to the residents on the Lease, and
“we”, “us”, or “our” is management.
Lastly, we encourage all of our residents to purchase renter’s insurance. It is an important way to
protect yourself against damages or theft of personal property and property damage that may occur
at the community.
Please feel free to contact us if you have any questions or concerns relating to the Lease, the
Handbook, or any other subject matter.
The following section is intended to help explain important aspects of the Lease and answer common
questions concerning its terms and conditions.
1. Occupancy:
The number of occupants is limited in each size apartment to one person per bedroom.
2. Right to Privacy:
Management will not give anyone permission to enter your apartment without prior written
notice, nor will any resident’s phone number or personal information be given to anyone
without consent. However, there are exceptions to when our staff has consent to enter your
home without written consent, this may include, but is not limited to:
▪ Emergencies
▪ If you have abandoned your unit
▪ To perform necessary maintenance
▪ To perform agreed upon services
▪ To show prospective renters, purchasers, contractors, or other person(s) the apartment
▪ Health and safety inspections
▪ Any other situation permissible by law
▪ Entering into our roommate matching platform: Resident authorizes Landlord to
provide Resident’s phone number and email address to prospective roommates in the
Roommate Matching Program
3. Rent Payment:
Rent is due on, or before 1st of the month. Per company policy, we only accept the following
methods of payment (Note: this policy pertains to any and all charges you might be paying):
To ensure efficient and accurate recording, please be sure to clearly specify the following
information on your rent payment or other charges:
1. Your Name
-AND-
2. Your Unit
4. Payment Options:
The following methods are acceptable for submitting payment(s) and apply to any type of
charge(s), not just rent.
7. Utilities:
The Lease specifies which utilities, if any, are included in your rent payment. You are
responsible for all utilities not explicitly defined in your Lease as being included in your Rent
payment, per Section A of the Lease and the Utility Addendum:
▪ Contacting the utility company and putting the bill in your name.
This must be done within one business day of move-in. The move-in package contains
contact information for the utility companies. You are responsible for reimbursing
management for any usage charges incurred for not putting the account under your
name within one business day of move in, as well as paying us our actual expenses or a
fee assessed by Management for not completing this task. This is only for utilities NOT
included in your rent. Refer to your Lease for what utilities are and are not included.
▪ Submitting payments directly to the utility company for all charges billed.
Management will have no participation in the communications between you and the
utility company or a third-party vendor that collects utility payments or overages. You
are completely responsible for any and all interactions related to the utility company,
including, but not limited to, billing, payments, and maintenance.
There may be community specific arrangements where your Lease explicitly denotes that you
are responsible for reimbursing or paying Management directly for utilities. In this situation,
you will be responsible for making timely payments subject to late fees. If applicable, you and
your roommates are jointly and severally liable for these payments.
If available, you may upgrade the community provided cable and/or Internet package at your
own expense, but you must first obtain our written consent. In this instance, you will be
responsible for contacting the cable provider and coordinating any service calls and
installation.
We are very mindful of the need to be “green” and when it comes to energy consumption and
environmental responsibility. We explore many ways to reduce our energy footprint and ask
our residents to do the same. Simple things like turning off lights when not in use, conserving
water and adjusting your thermostat go a long way to saving you money and helping out
Mother Nature.
8. Reletting Policy:
“Reletting” - what does that mean?? Reletting is simply finding someone else to take over the
terms of your Lease by signing it over to him/her. Before you do that, there are a few things to
know:
You are still bound by the terms of the Lease and are not permitted to cancel it prematurely.
Not all communities allow reletting, and those that do, are not always successful in finding a
replacement resident.
The new resident and new guarantor will need to be approved by management before the
reletting process is complete and relieves you of your Lease agreement. A new Lease and a
new Guaranty Agreement must be completed and submitted. Furthermore, the standard move-
in and move-out procedures will be performed. The new resident must inspect the apartment,
note all damages on the Unit Condition Checklist and accept the apartment. The new resident
will be required to pay a new security deposit, application fee, prepaid rent, and all other
applicable fees and deposits.
Once all of these conditions have been met, the effective date of the transfer will be the date
the new resident moves in (“Effective Date”). You will be refunded your security deposit, less
any deductions for damages, cleaning or other charges associated with the Lease. You and
your guarantor will remain financially liable for all charges incurred until the Effective Date and
will be released from all obligations under the Lease which arise after the Effective Date. You
should ensure that the new resident successfully switches all utilities payable from your name
to his/her name. If you pay a reletting fee for a transfer that is unsuccessful, you will receive a
credit toward future rent payments.
9. Transfer Policy:
You may transfer to a different bed space or unit within the community provided the following
conditions are met:
11. Guests:
Guests must abide by ALL policies outlined in this handbook. You are solely responsible for the
actions of your guests as well as informing them of the rules and regulations of the community.
If a roommate is violating this policy, you may inform management for help in resolving this
issue. Except as otherwise required by applicable laws, occupation of the Resident's bedroom
shall be restricted to the Resident exclusively, excepting Resident's occasional overnight or
Weekend guest. The occupancy of the Premises by an unauthorized guest in excess of seven (7)
days during the Term shall be deemed a breach of this Lease, and Landlord, where legally
permitted, shall be entitled to recover from the Resident and guest (whose liability shall be joint
and several) a fine in an amount equal to the amount of Rent being paid by Resident, except as
prohibited by law, which fine shall be in addition to any other amounts owing to Landlord by
Resident pursuant to this Lease.
13. Permits:
Resident may not park any vehicle on the Premises unless Landlord and Resident execute a
Parking Addendum (Exhibit H - Parking Addendum), allowing the Resident to park a vehicle on
the Property. No unregistered or disabled automobiles, trailers, campers, boats, etc. are
allowed on the Property at any time. Resident may not make repairs to automobiles on the
Property.
All parking rules and regulations will be enforced per the terms of the Lease or any parking
addendum, including the duration the parking permit is valid. Please comply with the following
parking rules:
14. Pets:
Pets may or may not be allowed at your community, however, pets are only permissible if they
have been authorized by management during the signing of your Lease. All pet fees will be
outlined in the Lease. If mandated, a Pet Deposit will be submitted upon the signing of your
Lease. BEFORE you acquire a pet while living at the community, you must:
The following guidelines and regulations will be honored and enforced in relation to having an
animal in your unit. These only apply to communities that allow animals:
▪
Animals must be registered and inoculated in accordance to local laws, and they must
wear proper identification tags.
▪ The only animals permitted are the animals agreed upon by management during the
signing and submission of the Animal Addendum.
▪ Animals must be kept on a leash and adequately supervised when on the community
premises. You are completely responsible for and liable for any damages or injuries
caused by your animal.
▪ If designated by management, you must comply with any rules outlining acceptable
areas to walk your animal. You are responsible for cleaning up after your animal.
Clean up charges will be assessed for failing to do so.
▪ If it comes to management’s attention that you have been housing an animal without
the proper permissions, you will be assessed additional fees and/or damages beyond the
standard animal related charges and will be required to comply with all additional
community animal rules. If you are unable to comply with these rules or get sign-off by
management or your roommates you will be required to remove the animal from the
property immediately.
▪ Some communities may have “dog parks” and residents must follow all posted rules for
their dogs.
If animals are discovered in a Community that does not allow pets, a Lease violation will be
immediately enforced. Any action in direct violation of a Lease is punishable by fine, where
permitted by law, as specified in Exhibit E - Fee Schedule Addendum, the rules outlined in the Lease
and in certain circumstances, immediate termination of tenancy.
1. Patios/Balconies/Windows :
If you have a patio or balcony, you must keep them clean. They are not to be used for storage
and heavy or unsightly items are strictly prohibited. Only outdoor furniture and related items
are to be used to furnish them. Grills are strictly prohibited on patios or balconies. No
unsecured plants may be permitted on the ledges or protruding from the railing. Please be
aware of the maximum amount of people permitted on a balcony at any one time. The storage
of bicycles on patios and balconies is subject to approval by management.
3. Antennas / Satellites:
Installation of antennas or satellites outside your apartment is prohibited unless management
approves it in writing ten days prior to installation. If you wish to install a satellite, you must
send in a written notice to management to be approved before installation. You may be asked
for an additional security deposit which must be submitted prior to installation. The satellite
must be installed within the confines of your apartment and its patios or balconies. The
installation of the satellite cannot require drilling holes or any other damaging means of
attachment. You must submit proof of insurance prior to installation that covers you against
the liability of potential injuries or damage caused by the satellite or antenna. Not all
apartments are positioned for satellite reception. You may not transfer apartments on the
grounds of acquiring better positioning for satellite reception.
9. Waste Management:
We know you want a clean community as much as we do and we would appreciate your
collaboration in keeping the community free of litter. It is your responsibility to properly
dispose of trash bags and other garbage into the community dumpsters or trash collection
areas. Do not place any forbidden (paint, chemicals, motor oil, etc) or hazardous materials in
the trash receptacles. Additionally, Resident may never place trash or debris outside of the
front door to the unit, outside trash chutes, in any common area of the building, or on the patio
or balcony. We reserve the right to impose Lease violations for violation of any Waste
Management rules, as specified in Exhibit E – Fee Schedule Addendum. If the dumpsters are
full or overflowing, please contact management immediately, and they will arrange for removal
as soon as possible. Trash pickup days vary by community so please see management for more
details.
▪ No heat or AC when temperatures are less than 50 degrees or higher than 85 degrees.
▪ Utility failure such as no water, electricity, or gas.
▪ Overflowing toilet that will not stop overflowing when water has been shut off
▪ Broken water pipes, leaks, and severe back-ups.
▪ Malfunction of an essential appliance. (Does not include microwave or dishwasher –
please report these as routine service requests)
▪ Lock-outs:
Note: If you lock yourself out of your unit and your roommates can not help you access
your unit, notify management of the situation. You will be asked to provide photo
identification before gaining entry into your unit. A fee of $50.00 or our actual
expenses and damages will be assessed for lock-out requests that occur outside regular
business hours.
Each community has its own particular set of rules and guidelines depending on community
configurations, amenities, parking, units and the like. However, in general, management is
responsible for, and has the authority to uphold the rules and guidelines associated with the
community. Illegal and criminal activities are strictly prohibited within all communities. Noise,
privacy invasion, and other resident complaints will be investigated and dealt with on a case-by-case
basis. Any action in direct violation of a Lease is punishable by fine, where permitted by law, as
specified in Exhibit E - Fee Schedule Addendum, the rules outlined in the Lease and in certain
circumstances, immediate termination of tenancy.
It is required that all residents are mindful of the responsibilities and limitations of community style
living. Each resident is entitled to the rights and opportunities outlined in their Lease, including the
right to privacy, right to access and use of community amenities, and the right to certain personal
comforts such as, but not limited to, a reasonable noise level and a safe environment. Management is
committed to assisting all residents; they are required to uphold the guidelines of their community in
order to ensure that their residents have a pleasant and enjoyable living experience.
1. Office Hours:
The office operates according to standard business norms and honors most holidays. Signs and
other notices will be posted when the office will be closed. They will contain information when
the office will resume operations as well as the contact number for maintenance emergencies.
The mailbox is to be used jointly by all the Residents assigned to Resident’s Unit. Packages may
be received at the office. However, Landlord takes no responsibility for lost, damaged or stolen
property left with the office. If Resident decides to have packages dropped at the office, Resident
is doing so at Resident’s own risk. Landlord encourages all Residents to obtain the appropriate
insurance when having packages delivered. Packages which are not claimed within 30 days will
not be held. Landlord reserves the right, at any time, to discontinue its acceptance of packages
and reserves the right, on a case by case basis, to refuse to accept certain packages if Landlord is
not comfortable accepting a particular package.
If the Postmaster serving the Community has instituted or begins instituting during this Lease
“single drop delivery”, Landlord will place Resident’s mail in the mail box, but assume no
liability for misdelivery, delays in delivery and/or failure of delivery.
3. Solicitors:
Door-to-door solicitors are not permitted in the community. Please notify management if you
notice or are confronted by a solicitor.
Rules and regulation infractions can result in fines, as permitted by law, as specified in Exhibit
E - Fee Schedule Addendum, or restrictions management deems necessary, which may include
the barring of further use of the facilities. We are not responsible for accidents, injuries, or lost
or stolen items that occur when utilizing the facilities. Certain recreational activities require
particular equipment for participation. If available, you can check out the equipment at the
management office. You will be required to provide an adequate form of identification to use as
collateral.
Rules:
Please be aware that computer labs are monitored and you will be responsible for any
damages caused to the equipment. Also note that we are not responsible for any
inconveniences you experience while utilizing one of the community’s computers. We
are not responsible for any lost data, corrupted files, or any issue due to loss of
privacy. You are susceptible to the same risks as you would be using any public
computer, and you are responsible for any activities that occur while you use one.
• You must be 18 years of age, or older. If you are not 18 or older, you agree
that it is your responsibility to notify us, and to provide us with a written
parental consent before using the tanning facility.
• Your financial account must be current. Any outstanding rent
installments, late fees, fines, etc. will prevent you from tanning until paid
in full.
• Your failure to use eye protection made for indoor tanning may result in permanent
damage to your eyes.
• Overexposure to ultraviolet light (whether from natural or artificial sources)
may result in premature aging of the skin.
• Repeated exposure to ultraviolet light (whether from natural or artificial sources)
may result in skin cancer.
• Abnormal skin sensitivity or burning may be caused by reactions of
ultraviolet light to certain: (i) foods; (ii) cosmetics; or (iii) medications,
including, but not limited to:
tranquilizers, diuretics, antibiotics, high blood pressure medicines, or birth control
pills.
• If you are taking a prescription or over-the-counter drug, you should consult
a physician before using a tanning device.
• If you are pregnant, you should consult a physician before using a tanning device.
• If you have abnormal skin sensitivity or a history of skin problems or are prone to
easy burning when in the sun or a tanning device, you should consult a physician
before using the tanning device.
• You can only tan 1time within a 24 hour period.
• You may only use tanning lotion or oil that is for indoor use ONLY! If we find that
you are using outdoor lotion we will give you one warning and if we find it again
you will be banned from tanning.
I acknowledge that I have read and that I understand the foregoing warning. On behalf
of myself and my family and heirs, I assume the risk, and therefore hold Cardinal
Group and the property Owner, and its employees harmless, for any injury (including
death) or accident, which relates to the use or misuse of the tanning device.
7. Parking:
As a general rule, the community’s parking lot is reserved for motor vehicles belonging to
residents and their guests, on-site staff, and any vehicles used for the operations occurring
within the community. Parking trailers, boats, and other unusually large or situational use
vehicles in the property’s parking lot is prohibited. We are not responsible for any damage that
occurs to your or your guests’ vehicles while parked at the community. Be aware of any
specific parking restrictions, such as in emergency spots, in front of community dumpsters, or
temporary events such as maintenance usage.
Parking spots intended for “future residents” and “management staff” are reserved for their
respective vehicles. Any vehicles discovered to be illegally parked may be towed at the vehicle
owner’s expense. If you live in a community that requires a Parking Permit, you must clearly
display it on the windshield of your car at all times. Any unmarked cars may be towed at the
expense of the vehicle owner.
8. Laundry Area:
Laundry facilities may be available for your convenience. Though they may be monitored for
security purposes, we are not responsible for any damaged, lost, or stolen articles of clothing.
Please be considerate of other residents when utilizing the laundry facility. Do not leave
clothes in the machines as other people may be waiting to use them.
9. Noise Policy:
Living in an apartment community is an opportunity to be a part of a social environment while
still being able to enjoy your own personal space and comfort. At times, communities will be
very active due to the amount of residents residing there as well as the opportunities offered
within the community. However, residents are required to not cause undue, excessively loud
noise levels that may disturb other residents. All radios, televisions, stereos, or any other
appliances or items which may cause noise, etc., must be turned down to a level of sound that
does not annoy or interfere with other residents. No band instruments shall be played on the
premises at any time. We will investigate any complaints we receive concerning excessive noise
levels.
Landlord reserves the right at any time to fine Resident, where permitted by law, contact
guarantors, or declare Resident in violation of the Lease due to excessive noise and disturbances,
in the amount(s) specified Exhibit E - Fee Schedule Addendum. Landlord and/or its agents on
duty are the sole judge(s) of excessive volume rises, and reserve the right to enforce these rules.
Any general noise disturbances, i.e. noise from music, parties, machinery, etc., should be
reported to Landlord or Landlord’s representative immediately. Resident waives all rights to
privacy when noise coming from Unit is so loud that Resident is unable to hear Landlord knock.
Resident will be found in violation of this Lease and will be subject to fine(s), in the amount(s)
specified in Exhibit E - Fee Schedule Addendum and other disciplinary action if Landlord receives
notice from the Police Department that noise levels were excessive.
It is illegal to use or possess illegal drugs or other controlled substances in both public and
private spaces. Resident(s) using, possessing or selling illegal drugs will be subject to
disciplinary and/or criminal action, fines in as specified in Exhibit E - Fee Schedule Addendum
and possible eviction per the Community’s Rules and Regulations. No warning notice will be
given and fines and/or eviction, where permitted by law, may be assessed at the Landlord’s
discretion.
You are responsible for any damages caused by your guests. We will report any criminal or
illegal activity that occurs during parties. You are prohibited from disturbing or disrupting
other residents due to the noise level caused by you or your guests during social gatherings.
Also, you are prohibited from hosting events that provide opportunity for damage to occur to
the property. In particular, you must recognize the following guidelines as being rules that if
broken are punishable by fine, where permitted by law, as specified in Exhibit E - Fee Schedule
Addendum or other action deemed necessary:
▪ Social gatherings held between Sunday and Thursday must end by 10pm.
▪ Social gatherings held on Friday and Saturday must end by 12 midnight.
▪ If you are planning on hosting a party of 20 people or less, you must notify management
at least 24 hours in advance.
▪ If you are planning on hosting a party over 20 people, you must notify management at
least 72 hours in advance.
▪ No social gatherings are to be held during exam periods.
▪ Management retains the sole discretion on approving social events.
▪ Residents that have an idea for a social event should see management staff to
determine if management would like to help host the party and pay for the event.
▪ “Open Parties” that extend open-invitation outside of the community will not be
allowed.
▪ Residents and guests under the age of 21 are prohibited from consuming alcohol on
site, unless otherwise permissible by local, state or federal law.
▪ Consumption of alcohol must be in compliance with all federal, state, and local laws. No
alcohol containers, which are larger than one gallon, are permitted on the property.
Kegs are prohibited on the Premises and within the Unit and on balconies. Glass
containers of any type or any other container containing alcohol are not permitted in
Common Areas. Open containers of any kind containing liquid are not permitted in the
hallways, lobby, or parking structure(s).
Failure to comply with the provisions of this paragraph shall be deemed a material breach of this
Lease, and in addition to any other remedy allowed in Lease or at law, shall subject the Resident
to an immediate fine, per Exhibit E - Fee Schedule Addendum, unless prohibited by law, and/or
eviction. The Manager has full discretion regarding disciplinary action depending on the severity
of the incident.
11. SMOKING. Smoking is strictly prohibited in the Unit, all amenity areas, and Common Areas
(including the pool deck). Any Resident found in violation of this policy will be immediately fined, as
specified in Exhibit E - Fee Schedule Addendum, by management and risks additional fines imposed
by city ordinances.
1. Waiver of Responsibility:
We do not assure your personal security, and our security measures are voluntary actions in an
effort to reduce the risk of crime in the community. You agree that the provisions of safety
devices and patrol services will not constitute a guarantee of their effectiveness nor impose an
obligation to us to continue providing these services. We have no duty of security or personal
safety, except to proceed with diligence to repair any systems if they are reported to be
ineffective or malfunctioning. Your safety and comfort is of utmost importance to us, and we
strive to provide you with a community that you feel safe living in and inviting your guests to
visit.
2. Inspections:
You will receive notification if and when we will be conducting Health and Safety Inspections.
If applicable, notices for remedial action will be posted on your door. Fines will also be posted
if necessary.
5. Renter’s Insurance:
We do not provide coverage for your personal belongings, property damage, or bodily injury. It
is your responsibility to protect yourself and your possessions. We reserve the right to require
you to obtain renter’s insurance and provide proof of that insurance.
▪ Emergency Protocol:
- Dial 911 for a police or medical emergency; DO NOT call the management office
first.
- In the case of an emergency, be sure to adequately pronounce the seriousness of
the situation. Use key words such as “Help!”, “Police!”, or “Fire!” to ensure that
other residents understand the urgency of the matter.
V. MOVE–OUT PROCEDURES
As the end of your Lease approaches, and you’re getting ready to move-out, it is important to be
aware of the tasks you are responsible for prior to vacating your unit. Your lease term is explicitly
defined in your Lease. Please contact Management if you have any questions concerning this issue.
Essentially, there are three main goals:
1. Returning anything to the management office that you may have borrowed or were
provided during your tenancy.
2. Paying any outstanding balances and leaving your forwarding address.
3. Returning your unit to the condition it was in when you first moved in.
1. Key Return:
Prior to leaving, you are responsible for returning all keys and other entry devices to the office.
You should use this opportunity to return any other items that you may have borrowed
throughout the term of your lease. Failure to return these devices will result in a fee to the
resident.
▪ If you break it… fix it, unless you do not have the ability or skills to complete said task.
▪ If it was there when you arrived, it should be there when you leave.
▪ The unit should be cleaned thoroughly, to the point that a new resident could move-in
the moment you leave.
There may be exceptions to these rules. For example, if there were agreed upon terms during
the tenure of your Lease about the condition of your apartment, they will be enforced at move-
out. This includes, but is not limited to, furniture additions and structural and physical changes
and updates.
4. Move-out Checklist:
You will be provided a Move-out Checklist that will help walk you through the move-out
process. This checklist will help give you a basic outline of how to assess your unit after you
have finished cleaning it. The checklist itemizes each individual area of concern you are
responsible for. In general, if you sufficiently complete every step of the checklist, you should
not be assessed any additional charges. You should be marking off each task as you complete
them. You should submit the checklist to management afterwards.
A list of the move-out charges and their corresponding dollar amounts is itemized at the end of
the Handbook. Please familiarize yourself with this list, it will help you better understand the
expectations concerning the extent of cleaning and repairs necessary.
If you have any questions or recommendations on how we can improve our experience, please let us
know: [email protected]
Cheers!
Exhibit A Resident Handbook Rules and Regulations
Signature Details
Signer IP Address Date Signed
This Addendum is attached to and becomes a part of the Residential Lease Agreement. For the duration of the
Lease, Lessee is required to maintain and provide the following minimum required insurance coverage:
$100,000 Limit of Liability for Lessee’s legal liability for damage to Lessor’s property for no less than
the following causes of loss: fire, smoke, explosion, backup or overflow of sewer, drain or sump, and
water damage (“Required Insurance”).
Lessee is required to furnish Lessor with evidence of Required Insurance prior to occupancy of leased premises and
at the time of each lease renewal period. If at any time Lessee does not have Required Insurance, Lessee is in
breach of the Lease and Lessor shall have, in addition to any other rights under the Lease, the right but not the
obligation to purchase Required Insurance coverage protecting the sole interest of the Lessor and seek contractual
reimbursement from the Lessee for all costs and expenses associated with such purchase. This may be referred to
as “force placed insurance”.
Lessee may obtain Required Insurance or broader coverage from an insurance agent or insurance company of
Lessee’s choice. If Lessee furnishes evidence of such insurance and maintains the insurance for the duration of the
Lease, then nothing more is required. If Lessee does not maintain Required Insurance, the insurance requirement
of this Lease may be satisfied by Lessor, who may purchase such coverage through the Lessor’s Legal Liability
Insurance Policy (“LLIP”). The coverage provided under the LLIP will provide the Required Insurance coverage
listed above. An amount equal to the total cost to the Lessor for the LLIP coverage shall be charged to Lessee by
the Lessor as a recoverable expense under the Lease. Some important points of this coverage, which Lessee should
understand are:
1. LLIP is designed to fulfill the insurance requirement of the Lease. Lessor is the Insured under the LLIP.
This is single interest forced placed insurance. Lessee is not an Insured, Additional Insured or
beneficiary under the LLIP. All loss payments are made to the Lessor.
2. LLIP coverage is NOT personal liability insurance or renters insurance. LLIP does not cover the
Lessee’s personal property (contents), additional living expenses or liability arising out of bodily injury
or property damage to any third party. If Lessee requires any of these coverages, then Lessee should
contact an insurance agent or insurance company of Lessee’s choice to obtain personal liability
insurance or renters insurance to protect Lessee’s interests.
3. Coverage under the LLIP may be more expensive than the cost of Required Insurance obtainable by
Lessee elsewhere. At any time, Lessee may contact an insurance agent or insurance company of their
choice for insurance options to satisfy the Required Insurance under this Lease.
4. If Lessee has purchased Renters Insurance and at any time allows such Renters Insurance to lapse in
breach of the Lease Agreement, Lessor may purchase Lessor Insurance without notice and add the total
cost associated therewith to Lessee’s monthly rent payment.
5. Licensed insurance agents may receive a commission on the LLIP.
6. The total cost to the Lessee for the Lessor obtaining LLIP shall be eighteen dollars ($16.00) per month.
7. In the event that loss or damage to Lessor’s property exceeds the amount of Required Insurance,
Lessee shall remain contractually liable to Lessor for such amount. In the event of liability to any other
party for bodily injury or property damage, Lessee shall remain liable to such other party.
8. It shall be the Lessee’s duty to notify Lessor of any subsequent purchase of Renters Insurance.
As used in this Addendum: “Lease” may be interchangeable with “Lease Agreement”; “Lessee” may be
interchangeable with “Resident” or “Tenant”, and “Lessor” may be interchangeable with “Landlord” or “Owner”.
Scheduling of the premises under the LLIP is not mandatory and Lessee may purchase Required
Insurance from an insurance agent or insurance company of Lessee’s choice at any time and coverage
under the LLIP will be terminated by the Lessor.
Further, Resident agrees that he/she will automatically be enrolled in the LPTLI program for any and all monthly
periods for which Resident has not provided the Property with the proof of insurance required by Personal
Insurance, and shall pay the amounts due as described in the LPTLI program. Any Resident whose Move-In Date
occurs during the month of August for any given year and who signs his or her lease prior to the July 15 of that
same year, shall provide proof of insurance required by the Personal Insurance Option on or prior to July 15 of that
year.
X I have not provided proof of insurance coverage in accordance with the terms of this addendum and
I elect to enroll in the LPTLI program and agree to the monthly fee associated therewith of ($16.00) per
month.
N/A I will purchase my own insurance in accordance with the terms of this addendum and provide a
copy of the policy to Lessor prior to taking possession of my apartment. I understand that if I fail to do
so, or if my coverage lapses during the term of my Lease, I will be enrolled in the LPTLI program and
billed accordingly until such time that proof of sufficient coverage is provided.
Exhibit B - Insurance and Indemnification
Addendum_W Student Housing
Signature Details
Signer IP Address Date Signed
This Addendum is made part of the Rental Agreement and Lease between Resident
and Landlord. The Apartment was inspected prior to your move-in date, and there
is no visible mold in the kitchen, bathroom(s) or other areas of the Apartment. By
signing below, Resident hereby agrees to maintain the Apartment in a manner
consistent with prevention of an infestation of mold or mildew in the Apartment.
Resident acknowledges the importance of good housekeeping, adequate
ventilation, and moisture control in its use of the Premises, and the importance of
compliance with the provisions of this Rental Agreement and Lease relating to
water intrusion, water damage, and mold.
Resident acknowledges that excessive moisture can collect from a wide variety of
sources, including but not limited to, shower or bathtub overflows,
washing/dishwashing machine overflows or leaks, cooking spills, plan watering
overflows, or insufficient drying of carpet and carpet pads. Mold is found both
indoors and outdoors and in both new and old structures. Resident is hereby
notified that the Apartment is subject to the infestation of mold or mildew if not
properly maintained. Molds are naturally occurring microscopic organisms that
reproduce by spores. When moldy materials are damaged or disturbed, mold
spores are released and spread through the air and are commonly transported by
shoes, clothing and other materials. When excess moisture is present inside a
structure, mold can grow.
Resident acknowledges that Resident’s obligations include, but are not limited to,
the following:
● Resident shall take all reasonable measures to control the moisture level of
the Apartment by immediately reporting to Management, in writing, any
water intrusion, such as plumbing leaks, drips or "sweating" pipes.
● Resident shall keep the Apartment clean, particularly the kitchen and
bathroom carpets and floors. All moldy food must be thrown away
immediately and removed from the Apartment.
● Resident agrees not to wash clothes in the bathroom or hang clothes to dry
in the bathroom on a regular or routine basis.
● Resident shall conduct a visual inspection of the Apartment for the presence
of mold growth, including but not limited to window frames, carpet, ceiling
tiles, wallpaper, and Resident's personal property, at least once every two
weeks. Resident shall immediately report to Management any mold growth
inside the Apartment.
Resident agrees not to bring any personal property into the unit that may contain
mold, especially such items as sofas, mattresses, and pillows. Resident agrees that
he/she may be held responsible for property damage to the Apartment.
Management will not be liable for any resulting health problems caused by
Resident's failure to comply with this Addendum.
EXHIBIT C – MOLD AND MILDEW PREVENTION ADDENDUM
Resident further agrees that if mold conditions are discovered on the sheetrock or
any wood in the Premises, Resident will not take or allow to be taken any steps to
clean up or remove the mold conditions without the express permission of Owner.
Resident shall also be responsible for any damage, including but not limited to,
damage from water and mold, which occurs as a result of Resident’s failure to give
notice to Owner within 24 hours of the discovery of water intrusion, water damage
or mold in the Premises. Resident hereby releases Owner from any claim, loss or
liability relating to such water intrusion, water damage, or mold, including any
claim, loss or liability arising from Resident’s failure to notify Owner as required
herein.
Exhibit C Mold and Mildew Prevention Addendum
Signature Details
Signer IP Address Date Signed
This Addendum is attached to and becomes a part of the Rental Agreement and
Lease (the “Lease”).
Upon vacating, the apartment must be left in good condition; completely cleaned,
all trash removed, and the carpets vacuumed. Items found to be unclean or not in
working order at time of inspection or upon move-out will be charged accordingly.
The overall condition of the apartment will be compared to the condition listed on
Exhibit P - Unit Condition Inspection Checklist in your Lease file. If you did not
turn in your Unit Condition Inspection Checklist upon move-in, the apartment
condition will be assessed based on normal wear and tear standards.
The prices below for the items listed are average prices only and will be
charged for each instance that an item must be repaired, replaced or cleaned.
If there is a variance in cost, you will be billed for the difference. Please note
that this list is not intended to be all- inclusive. You can and will be charged for
items not listed below, if they are found to have been damaged or are missing.
Replacement or repair costs can also include labor or service charges.
Furniture Painting
EXHIBIT E - Fee Schedule Addendum - Package B
Couch (if applicable) $500.00/each Touch Up $25.00
This is an Addendum to the Residential Lease Agreement (“Lease”) executed by Giancarla F Gallo,
hereinafter collectively referred to as “Resident”, on the dwelling Apartment Resident agreed to lease
from the owners, agents, management, and representatives of Cerca Student Housing and Bayport
Bunsen Associates LP, LLC, hereinafter collectively referred to as “Landlord”. Resident’s specific
Building, Apartment, and Bedroom will be assigned to Resident by Landlord prior to the beginning of
the Term listed in Section 1. Summary of Lease Terms, Fees and Installments.
According to the Environmental Protection Agency (EPA), the common bed bug (Cimex lectularius)
has long been a pest, but recently bed bug infestations have increased in the United States. Bed
bugs are considered a public health pest; however, bed bugs are not known to transmit or spread
disease. There are ways to control bed bugs, such as prevention, early detection, and cooperation by
Resident with Landlord.
1. Identifying Bed Bugs. Bites on the skin are a poor indicator of a bed bug infestation. Bed bug
bites can be misidentified, which gives the bed bugs time to spread to other areas of a dwelling
Apartment. The EPA provides guidelines on identifying signs of bed bugs; for example, bed bug
bites can look like bites from other insects (such as mosquitoes or spiders), rashes (such as
eczema or fungal infections), or even hives. Some people do not react to bed bug bites at all. A
far more accurate way to identify a possible infestation is to look for physical signs of bed bugs.
When cleaning, changing bedding, or staying away from home, look for:
● Dark spots which are bed bug excrement and may bleed on the fabric like a marker would
● Eggs and eggshells, which are tiny (about 1mm) and white
● Skins that nymphs shed as they grow larger
● Live bed bugs
● Rusty or reddish stains on bed sheets or mattresses caused by bed bugs being crushed
When not feeding, bed bugs hide in a variety of places. Around the bed, they can be found near the
piping, seams and tags of the mattress and box spring, and in cracks on the bed frame and head
board. If the room is heavily infested, bed bugs may be found in the seams of chairs and couches,
between cushions, in the folds of curtains, in drawer joints, in electrical receptacles and appliances,
under loose wall paper and wall hangings – even in the head of a screw. Since bed bugs are only
about the width of a credit card, they can squeeze into extremely small crevices. If an opening will
hold a credit card, it could hide a bed bug.
2. Prevention. Here are few simple precautions from the EPA that can help prevent bed bug
infestation:
● Check secondhand furniture, beds, and couches for any signs of bed bug infestation before
bringing them home.
● Use a protective cover that encases mattresses and box springs and eliminates many hiding
spots. The light color of the encasement makes bed bugs easier to see. Be sure to purchase a
high quality encasement that will resist tearing and check the encasements regularly for
holes.
● Reduce clutter to reduce hiding places for bed bugs.
3. Purpose and Goal. This Addendum modifies the Lease and addresses situations related to bed
bugs which may be discovered infesting the dwelling Apartment or personal property in the
dwelling Apartment. It is the Landlord’s goal to maintain a quality living environment for all
Residents. In order to achieve this goal, it is important for Landlord and Resident to work
together to minimize the potential for any bed bugs in the dwelling Apartment or surrounding
areas. This Addendum contains important information that outlines Resident’s responsibilities
and potential liability with regard to bed bugs.
◻ Resident discloses prior bed bug infestation(s) of Resident’s residence or personal property,
as described below:
If Resident discloses a prior bed bug infestation, Resident represents that all of Resident’s personal
property and possessions have been treated for bed bugs and are currently free of bed bugs, and
Resident agrees that Landlord may review documentation of treatment and conduct an inspection of
Resident’s personal property for signs of bed bugs, if Landlord deems necessary.
Landlord agrees that if after the move-in inspection it is determined that there are bed bugs
in the Apartment, Landlord will have its own pest control vendor re-inspect the Apartment
and, if bed bugs are present, Landlord will have the Apartment treated for bed bugs at
Landlord’s expense. If after the re-inspection it is determined that there are no bed bugs in
the Apartment, any preventative treatment that Resident opts to take will be at Resident’s
own expense.
8. Access for Inspection. Resident must allow Landlord and its pest control agents access to the
Apartment, including Bedroom(s), at reasonable times to inspect for and/or treat bed bugs.
Resident and Resident’s family members, occupants, guests, and invitees must cooperate and not
interfere with inspections or treatments.
9. Treatment. Resident consents and grants Landlord permission to treat Resident’s Apartment,
including Bedroom, in the event bed bugs are discovered. Landlord has the right to select any
licensed pest control professional to treat the Apartment and apartment building. Landlord may
select the method of treating the Apartment, Bedroom, building, and common areas for bed bugs.
Landlord can also inspect and treat adjacent or neighboring Apartments and Bedrooms to the
infestation even if they are not the source or cause of the known infestation. Resident is
responsible for and must, at Resident’s own expense, have Resident’s own personal property,
furniture, clothing, and possessions treated according to accepted treatment methods established
by a licensed pest control vendor that Landlord approves. Resident must treat his/her personal
property as close as possible to the time Landlord treats Resident’s Apartment. If Resident fails
to do so, Resident will be in default under this Addendum and the Lease, and Landlord will have
the right to terminate Resident’s right of occupancy and exercise all rights and remedies under
the Lease. Resident agrees not to treat the Apartment, or Bedroom, for a bed bug infestation on
Resident’s own.
10. Cooperation. If Landlord confirms the presence or infestation of bed bugs in Resident’s
Apartment and/or Bedroom, Resident must cooperate and coordinate with Landlord and
Landlord’s pest control agents to treat and eliminate the bed bugs. Resident must follow all
directions from Landlord and Landlord’s pest control agents to clean and treat the Apartment,
Bedroom(s) and Building that are infested. Resident acknowledges that it is Resident’s
responsibility to properly prepare Resident’s Apartment and Bedroom, as instructed by Landlord
and Landlord’s pest control agents. Resident must remove or destroy personal property that
cannot be treated or cleaned before Landlord can treat the Apartment. Any items Resident
removes from the Apartment must be disposed of off-site and not in the apartment trash
receptacles. If Landlord confirms the presence or infestation of bed bugs in Resident’s
Apartment and/or Bedroom, Landlord has the right to require Resident to temporarily vacate the
Apartment and Bedroom and remove all furniture, clothing, and personal belongings in order for
Landlord to perform pest control services. If Resident fails to cooperate with Landlord and its
agents, Resident will be in default under this Addendum and the Lease, and Landlord will have
the right to terminate Resident’s right of occupancy and exercise all rights and remedies under
the Lease.
11. Cost of Treatment and Cleaning. If during the term of Resident’s tenancy bed bugs are
discovered in Resident’s Apartment and/or Bedroom, Resident may be required to pay all
reasonable costs of cleaning and pest control treatments incurred by Landlord to treat Resident’s
Apartment and/or Bedroom for bed bugs. Additionally, if Resident fails to properly prepare the
Apartment and/or Bedroom for a pest control treatment, as instructed by Landlord or Landlord’s
pest control agents, Resident will be responsible for the cost of any trip charges or other charges
assessed by the pest control vendor. If Landlord confirms the presence or infestation of bed
bugs after Resident vacates Resident’s Apartment, Resident may be responsible for the cost of
cleaning and pest control treatments. If Landlord must move other Residents in order to treat
adjoining or neighboring Apartments or Bedrooms to Resident’s Apartment or Bedroom, Resident
may be liable for payment of any lost rental income and other expenses incurred by Landlord to
relocate the neighboring Residents and to clean and perform pest control treatments to eradicate
infestations in other Apartments or Bedrooms. If Resident fails to pay Landlord for any costs
Resident is liable for, Resident will be in default under this Addendum and the Lease, and
Landlord will have the right to terminate Resident’s right of occupancy and exercise all rights and
remedies under the Lease.
12. Transfers. If Landlord allows Resident to transfer to another Apartment in the commonly
because of the presence of bed bugs, Resident must have Resident’s personal property and
possessions treated according to accepted treatment methods or procedures established by a
licensed pest control professional. Resident must provide proof of such cleaning and treatment to
Landlord’s satisfaction.
Exhibit F - Bed Bug Addendum
13. Indemnification. Resident agrees to indemnify, defend, and hold harmless Landlord, together
with its property manager, affiliates, subsidiaries, owners, partners, directors, officers,
employees, agents, successors and assigns from and against any and all claims, suits, actions,
injuries, losses, costs, liabilities, damages, expenses or other obligations, including but not
limited to attorneys’ fees and costs (collectively “Claims”), to the extent arising out of or in any
way relating to Landlord’s acts or omissions in the performance of treatment of bed bugs. This
obligation shall be independent of and in addition to any insurance obligations of Resident.
Resident’s obligations hereunder shall not apply to the extent any Claim is directly and solely
attributable to the willful misconduct of Landlord.
14. Damage to Residents/Occupants & Personal Property. Landlord is not liable for damage to
Resident’s person or other occupants or to their personal property due to bed bug infestation or
treatment, and Resident will not be reimbursed for the cost of any additional expense to
Resident’s household, such as the purchase of new furniture, clothing, cleaning services, medical
expenses, or time away from work.
15. Renter’s Insurance. Resident understands and acknowledges that he/she is responsible for
procuring renter’s insurance for his/her personal property and belongings, per Exhibit B –
Insurance and Indemnification Acknowledgement.
16. Violations. RESIDENT AGREES TO THE ABOVE TERMS AND CONDITIONS. ANY VIOLATION
OF THIS ADDENDUM WILL BE CONSIDERED A SERIOUS, MATERIAL LEASE VIOLATION AND
GOOD CAUSE GROUNDS FOR TERMINATION OF RESIDENT’S TENANCY AND EVICTION.
This Lease Addendum for Pest Control (hereinafter “Addendum”) is hereby entered into, on
the date first identified below, by and between Bayport Bunsen Associates LP (hereinafter
“Management”) and Giancarla F Gallo (hereinafter “Resident”), the leaseholder for the
premises known as Cerca Student Housing
Representations
WHEREAS pests have become a problem facing the owners of residential rental properties, their
agents in managing those residential rental properties, and the residents of those same residential
rental properties; and
WHEREAS the owners and residents agree that policies need to be established to
control these pests; and
WHEREAS the owners and residents desire to clearly define their roles in handling
incursions by these pests
NOW, THEREFORE, the parties to this Addendum agree to add the following terms and conditions
to the residential lease contract that exists between these parties to set forth a clear understanding
of the responsibilities of both Resident and Management under the Lease Agreement with the
desire that by setting forth these mutual responsibilities as part of the Addendum, the parties can
minimize the costs, inconveniences and misunderstandings that often result from pest infestation
1. This Addendum hereby supplements and modifies the Lease Agreement between the parties,
and it shall be incorporated as a part of the Lease Agreement. Where there are provisions that
conflict between this Addendum and the Lease Agreement, the provisions set forth herein shall
supersede and be controlling.
2. For purposes of this Addendum, “pests” means any insect, and/or its eggs. “Pest
infestation” means the presence of pests that may materially affect the health and safety of
residents and their guests.
3. Management and Resident will be honest in their communications regarding the presence
of pests at the property. In that regard, Management will not enter into any Lease Agreement
to lease a unit that Management knows is infested.
4. If Resident fails to report any pest infestation and/or problems with the Premises within
seven (7) days of move-in, it shall be an acknowledgement by Resident that the premises are
acceptable, in good condition and pest free.
5. After move-in, Management will take immediate steps to address any identified pest
infestation problem. Resident acknowledges that time is of the essence in dealing with issues of
potential pest infestation. Because of this need for prompt action to avoid any further
infestation, Resident shall report any actual or suspected infestation within forty-eight (48)
hours of discovery.
6. Resident may be required to pay all reasonable costs of cleaning and pest control treatments
incurred by management to treat Resident’s dwelling unit for pests. If Management confirms
the presence or infestation of pests after Resident vacates the dwelling, Resident may be
responsible for the cost of cleaning and pest control treatments. If Management must treat
adjoining or neighboring dwellings to Resident’s dwelling due to the pests in Resident’s
dwelling, Resident may be liable for payment of any lost rental income and other expenses
incurred by Management to relocate the neighboring residents and/or to clean and perform pest
control treatments to eradicate infestations in those other dwellings. Resident agrees that if
he/she fails to pay Management for any costs for which Resident is liable, Resident will be in
default of his/her lease and Management will have the right to terminate Resident’s right of
occupancy and exercise all other rights and remedies under the lease agreement.
7. Resident acknowledges that used or second-hand furniture is the primary way that
pests are transported and spread. Resident agrees that he/she will not knowingly or recklessly
bring onto the property furniture or other belongings that are infested with pests. Resident
further agrees to exercise caution when acquiring used or second-hand furniture and shall
examine any such items thoroughly before bringing them into the dwelling. Resident further
agrees that Resident shall not bring into the dwelling those used or second-hand furniture items
that have been abandoned or discarded in such areas as roadsides, trash rooms, and disposal
receptacles.
8. In the event that there is a pest infestation in Resident’s apartment, Resident agrees to
cooperate fully with and to undertake all efforts and tasks required by Management, and in
Exhibit G – Pest Control Addendum
9. Resident and Management further agree that any violation of this Addendum constitutes a
material violation of the Lease, and Management may terminate Resident’s right to possession
upon issuance of a five (5) day notice for a health and safety violation. Conduct that constitutes
such a material health and safety breach includes failure to promptly notify Management of
evidence of any pest infestation, refusal to permit Management to enter to inspect for
infestation or to perform eradication treatments, and failure to complete all required pre-
treatment and post treatment activities, including a failure to report ineffective treatment or re-
infestations. Proof of the violation of this Addendum shall be by a preponderance of the
evidence.
10. Resident may request reasonable extermination services at any time. All requests must be
in writing. Upon notification from Resident, Management shall visually inspect the unit for
household pests, preferably within forty-eight (48) hours, and should a pest infestation be
identified, shall begin the process of controlling the household pests within ten (10) days of
such notice. When Management requires access to a dwelling unit for purposes of inspecting
for the presence of a household pest or controlling the presence of a household pest,
Management shall provide at least twenty-four (24) hours notice to Resident, in writing, that
Management requires such immediate access. Management will notify Resident in advance of
each pest inspection, including providing a preparation sheet. If Resident notifies Management
of a possible infestation and requests extermination services, the notice from Resident
constitutes permission to enter the dwelling unit for the sole purpose of acting on the inspection
or extermination request. Management will not abuse the right to access or use it to harass
Resident and will enter only at reasonable times.
11. Except in those situations where Management has been grossly negligent, and/or as
provided by law, Owner, Management, and its employees, officers, and/or directors are not
liable to Resident for any damages caused by pests, including, but not limited to, personal
expenses, replacement of furniture, and/or other personal items, including clothing,
medications or medical expenses, or for the costs to treat, clean, replace and/or protect
Resident’s personal belongings. Owner, Management, and its employees, officers, and
directors, are not responsible for any damage done to Resident’s unit or personal items during
pest control inspections and/or treatments. Renter’s insurance is strongly recommended and/or
required, but it may also exclude coverage related to pest infestation issues.
12. Resident acknowledges that Management’s adoption of this Addendum, and the efforts to
provide a pest free environment, does not in any way change the standard of care that
Management owes Resident under the Lease. Resident further acknowledges that Management
does not guarantee or warranty a pest-free environment. Resident acknowledges and
understands that Management’s ability to police, monitor, or enforce the agreements of the
Addendum is dependent in significant part on Resident’s voluntary cooperation and compliance.
13. Management agrees that it will attempt to make reasonable accommodations in the event
that any disabled Resident requests such an accommodation in connection with pest control
service. Any Resident requesting such an accommodation is requested to provide notice to
Management at the time that the pest control service is requested or when Resident receives
notice that it will be provided, whichever is earlier. Resident understands that in some
circumstances, because of the nature of a particular pest or infestation, there may not be
alternative, effective means of eradication, and in those circumstances, Management must use
the eradication services that are effective in dealing with the infestation.
14. In case of any conflict between the provisions of the Lease and this Addendum, the
provisions of this Addendum shall govern. This Addendum is incorporated into the Lease
executed or renewed between the Management and Resident.
Acceptance
BY SIGNING BELOW, all parties (1) agree to be bound by this Addendum, and (2) acknowledge
that Management has provided to Resident(s) a copy of the bedbug educational materials
handout advising them how to identify bedbugs, describing risk factors for infestations, and
presenting measures that may be taken to prevent and control an infestation.
Exhibit G Pest Control Addendum
Signature Details
Signer IP Address Date Signed
By executing this Addendum, it will become part of the Rental Agreement and Lease
executed on 09/27/2021 by and between Giancarla F Gallo and Cerca Student Housing (the
“Lease”). The Common area and bedroom furniture will be included in Resident’s unit at
Cerca Student Housing and is included in the monthly rent installment each month. The
rent installment amount Resident pays for renting the furniture does not cover damages to
the furniture due to misuse/neglect or destruction of the furniture during the Lease term.
The Landlord will provide furniture along with the Premises. Residents are responsible for
storing any furniture they do not want to keep in the apartment. The landlord will not
remove or store any furnishings. Any furnishings stored outside of the apartment must be
returned upon move-out. Resident shall be responsible to pay the market rate of the cost of
repair or replacement, as applicable, of any furniture that is either missing or damaged at
the end of the Lease term.
If damage to the furniture occurs, Resident(s) will be charged for the repair/replacement
costs to return the furniture to its original condition.
Damages to the furniture include, but are not limited to, the following examples:
Normal wear and tear and manufacturer’s defects will not be the responsibility of the
Resident. As the caretaker of the furniture, it is the Resident’s responsibility to notify the
Leasing Office if there is an occurrence of a manufacturer’s defect to the furniture in the
Unit. If Resident(s) do not notify the office of any defects to the furniture, Resident(s) may
be charged for the damage during or after the term of the Lease.
Exhibit I - Furniture Addendum
Signature Details
Signer IP Address Date Signed
This Prepaid Rent Addendum (“Addendum”), will become part of the Rental Agreement and
Lease executed on 09/27/2021 by and between Giancarla F Gallo and Cerca Student
Housing (the “Lease”) and is effective as of the Lease sign date.
WHEREAS, if and only if, Resident does not meet any one (1) of the below requirements,
Resident shall be required to pay, within seven (7) days of signing this Addendum, one (1)
additional months’ rent, as Prepaid Rent (“PPA”), as specified in Section 1 of the Lease,
Summary of Lease Term Fees and Installments. Such Prepaid Rent shall be used by
Landlord to satisfy the last one (1) months’ rental obligations and shall not be considered a
security deposit. In the event Resident is required to make a Prepaid Rent payment,
thereafter Resident shall only be required to make the rental payments outlined in Section
1 of the rental agreement and lease minus the one (1) month. As such, the final one (1)
months’ rental obligations shall be satisfied by the Prepaid Rent.
WHEREAS, the above referenced Prepaid Rent shall be due within seven (7) days of signing
this Addendum in the event Resident has not provided Landlord with: (i) a Lease guarantor
acceptable to Landlord in its sole and absolute discretion or (ii) adequate financial
assurances confirming to Landlord, in its sole and absolute discretion, that Resident has the
financial ability to make all required Lease payments. In the event Resident is unable to
satisfy either item (i) or (ii) above, Resident shall be required to pay the Prepaid Rent.
By signing this Addendum, you are acknowledging you have read, understand and
agree to all terms and conditions set forth in this Addendum.
Exhibit K Prepaid Rent Addendum
Signature Details
Signer IP Address Date Signed
Door to door trash pickup and recycling service will be provided for each resident 7 times
per week between 6:00am and 10:00am The cost for trash collection is $6.00 per
month/resident to be included in base rent amount. Two containers will be provided to
each resident and must be used in conjunction with the valet trash service. Containers
with bagged trash should be placed outside the front door only between the hours
of 6:00am - 10:00am. All trash must be in bags and securely tied. Bags must be placed
inside the container. No trash will be collected without the use of the container. No
loose trash will be collected. All boxes must be broken down and flattened. Containers are
the property of the door to door trash service provider and it is the responsibility of each
resident to keep his or her container clean. There will be a $50 charge to the resident if an
additional or replacement container is needed or if you take the container with you when
you move out.
If any resident misses service on any of the designated nights, it is their responsibility to
bring trash to the designated compactor or dumpster area or keep the trash inside his or
her apartment until the next collection evening. Containers/trash may NOT be left out
for any reason during non-designated times. If not complied with, resident will receive
a warning. If after the first warning the resident is again in violation, his or her container
will be removed and/or a removal fee of $25.00 per bag will be charged to the resident.
Containers may be returned to resident after a return fee is paid and with the resident’s
thorough understanding of the procedures for the service. If this problem continues
beyond that, valet service for that resident will be terminated and disposing of trash will
become the resident’s responsibility, however, this will not remove the cost for trash
collection from the resident’s obligation.
We hope everyone will follow the guidelines to enjoy this amenity. By not following the
guidelines for our community, you are in violation of your lease agreement and - will be
handled accordingly.
We ask that everyone do his or her part in keeping the property clean and beautiful.
By signing this addendum you are stating that you are fully aware of the guidelines for the
door to door trash pickup service - and the additional charges that may be incurred.
W Student Housing Valet Trash
Signature Details
Signer IP Address Date Signed
Article 8: Housing
The purpose of these regulations is to promote stability in the San Diego rental
housing market and limit adverse impacts on long-term residential tenants displaced
and forced to find replacement housing in the expensive and limited San Diego
housing market. The regulations protect the rights of long-term residential tenants by
limiting grounds for their eviction and requiring landlords to provide notice of such
grounds. The rights conferred by these regulations are in addition to any provided in
state or federal law.
(“Purpose of Tenants’ Right to Know Regulations” added 3–30–2004 by O–19269
N.S.)
This division applies to the rental of any rental unit (as defined in section 98.0720) in
the City except as specifically exempted in section 98.0725.
(“When Tenants’ Right to Know Regulations Apply” added 3–30–2004 by O–19269
N.S.)
§98.0720 Definitions
“Single-dwelling unit” means a single detached structure containing one dwelling unit
for human habitation and accessory buildings appurtenant thereto located on a lot or
parcel and all housing services provided in connection with the use or occupancy
thereof.
“Stock cooperative” means the same as defined in California Business and
Professions Code section 11003.2.
“Tenancy” means the right or entitlement of a tenant to use or occupy a rental-unit.
(“Definitions” added 3–30–2004 by O–19269 N.S.)
(Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)
§98.0725 Exemptions
(c) Rooms Rented to Boarders. A rental-unit in which the landlord owns the
rental-unit, shares kitchen or bath facilities with the tenants, and also occupies
the rental-unit or a unit in the same building as his or her principal residence.
A residential tenancy of more than two years duration shall not be terminated, nor
shall its renewal be refused, except for one or more of the following reasons:
(b) Violation of Obligation of Tenancy. The tenant has violated a lawful and
material obligation or covenant of the tenancy, except that the following may
not be grounds for termination or nonrenewal of a tenancy:
(d) Illegal Use. The tenant is using or permitting the rental-unit to be used for an
illegal purpose.
(e) Refusal to Renew Lease. The tenant who had a written lease or rental
agreement which terminated on or after April 26, 2004 has refused, after
written request by the landlord, to execute a written extension or renewal
thereof within the written period prescribed by the lease or state law for a
further term of like duration with similar provisions.
(f) Refusal to Provide Access. The tenant has refused to give the landlord
reasonable access to the rental-unit for the purpose of making repairs or
improvements, or for the purpose of inspection as permitted or required by the
lease or by law, or for the purpose of showing the rental-unit to any
prospective purchaser or mortgagee.
(g) Correction of Violations. The landlord, after having obtained all necessary
permits from the City of San Diego, seeks to recover possession of the rental-
unit for necessary repair or construction when removal of the tenant is
reasonably necessary to accomplish the repair or construction work.
(h) Withdrawal of Residential Rental Structure from the Rental Market. The
landlord intends to withdraw all rental-units in all buildings or structures on a
parcel of land from the rental market. Ch. Art. Div.
9 8 7 3
San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations
(9-2016)
(i) Owner or Relative Occupancy. The landlord, or his or her spouse, parent,
grandparent, brother, sister, child, grandchild (by blood or adoption), or a
resident manager plans to occupy the rental unit as their principal residence.
(Amended 4–26–2004 by O–19274 N.S.)
Any landlord who attempts to terminate a tenancy pursuant to any of the grounds set
forth in section 98.0730 shall provide the tenant a written notice to quit or terminate
which recites the grounds under which the landlord is proceeding. The landlord shall
provide the notice prior to or at the same time as the written notice of termination set
forth in Civil Code section 1946.1, or a three-day notice described in Code of Civil
Procedure sections 1161 and 1161a, is served on the tenant.
(“Notice to Tenant” added 3–30–2004 by O–19269 N.S.)