Lease
Lease
Lease
1. Identification of Landlord and Tenants. This Agreement is made and entered into
on October 21, 2020 between Fernando Esquivel Ocaranza, hereinafter referred to
as "Tenant(s)," and Iolanda Medina Revocable Trust, hereinafter referred to as
"Landlord." In the case of multiple occupancy, each Tenant is jointly and severally
liable for the performance of the terms of this Agreement. In the event of default by
any one signatory, each and every remaining signatory shall be responsible for
timely payment of rent and all other provisions of this Agreement
2. Identification of Premises and Occupants. Subject to the terms and conditions set
forth in this Agreement, Landlord rents to Tenants, and Tenants rent from Landlord,
for residential purposes only, the premises situated in the city of Livermore, County
of Alameda, State of California, described as, 758 Shoemaker Dr., hereafter referred
to as "the premises," consisting of 3 BED, 2 BATH, KIT, FR, DR. The premises will
be occupied by the undersigned Tenants and the following minor children: Nairi
Vargas Additionally, Tenant’s brother, Sandra Pina Velasquez is approved to occupy
the home in the future with the Tenant.
3. Limits on Use and Occupancy. The premises are to be used only as a private
residence for Tenants. The premesis shall be used for no other purpose without
Landlord's prior written consent. Occupancy by guests for more than fifteen days
in any six-month period is prohibited without Landlord's written consent and will be
considered a breach of this Agreement.
4. Defining the Term of the Tenancy. The term of the rental is 2 years (and 3 days),
will begin on October 29, 2020, and will expire at midnight on October 31, 2024.
Should Tenants vacate before expiration of the term, Tenants will be liable for the
balance of the rent for the remainder of the term, less any rent Landlord collects or
could have collected from a replacement tenant by reasonably attempting to re-rent.
5. Amount and Schedule for the Payment of Rent. Tenants will pay to Landlord a
monthly rent of $3,400.00, and a monthly rent of $3,502.00 for the second year,
payable in advance, upon the 1st day of each calendar month. Rent will be paid to
Michael H. Blau, P.O. Box 1765, Pleasanton, CA 94566, (see payment forms
below), or at such other place as Landlord will designate from time to time.
a. The form of payment (with the exception of the first rent payment) will be Bank
deposit, EFT, or Zellpay using the following bank information:
Iolanda Medina
Chase Bank
a/c # 3921733677
routing # 322271627
94566.
b. [Initial rent payment] Upon lease execution, Tenants will pay to Landlord for the
period of October 29, 2020, through November 30, 2020, the sum of
$3,740.00 ($340 prorated rent for October + $3,400 rent for November) as
rent, payable in advance (In the form of cash, cashier’s check, or money
order).
6. Late Charges. Because Landlord and Tenant agree that actual damages for late
rent payments are very difficult or impossible to determine, Landlord and Tenant
agree to the following stated late charge as liquidated damages. Tenants will
pay Landlord a late charge if Tenants fail to pay the rent in full within 5 days after
the date it is due. The late charge will be $100. Landlord does not waive the right
to insist on payment of the rent in full on the date it is due.
7. Returned Check and Other Bank Charges. In the event any check offered by
Tenants to Landlord in payment of rent or any other amount due under this
Agreement is returned for lack of sufficient funds, a "stop payment" or any other
reason, Tenants will pay Landlord a returned check charge in the amount of $30.
a. [Standard Deposit] On signing this Agreement, Tenant(s) will pay to Landlord the
sum of $3,400.00 (in the form of cash, cashier’s check, or money order) as a
security deposit. Tenants may not, without Landlord's prior written consent, apply
this security deposit to the last month's rent or to any other sum due under this
Agreement. Within three weeks after Tenants have vacated the premises, Landlord
will furnish Tenants with an itemized written statement of the reasons for, and the
dollar amount of, any of the security deposit retained by the Landlord, along with a
check for any deposit balance. Under Section 1950.5 of the California Civil Code,
Landlord may withhold only that portion of Tenants' security deposit necessary to:
(1) remedy any default by Tenants in the payment of rent; (2) repair damages to the
premises exclusive of ordinary wear and tear; (3) clean the premises if necessary to
restore it to the same level of cleanliness it was in at the beginning of the tenancy;
and (4) remedy any default by tenants, under this agreement, to restore, replace, or
return any of Landlord’s personal property mentioned in this agreement, including
but not limited to the property referred to in Clause 11.
9. Utilities. Tenants will be responsible for payment of all utility and service charges
from the first day to the last day of their lease. It is MANDATORY that utilities be
kept on at all times during the lease.
10. Prohibition of Assignment and Subletting. Tenants will not sublet any part of the
premises or assign this Agreement without the prior written consent of Landlord. If
tenant sublets, whether or not approved by Landlord, the property or any part of the
property, then tenant shall be responsible for the full rent as long as either the tenant
or subtenant occupies the property.
11. Condition of the Premises. Tenants acknowledge that the premises are in good
order and repair, unless otherwise indicated herein. Tenants agree to: (1) at their
own expense, and at all times, keep the premises clean and sanitary and in good
repair and, upon termination of the tenancy, to return the premises to Landlord in a
condition identical to that which existed when Tenants took occupancy, except for
ordinary wear and tear; (2) immediately notify Landlord of any defects or dangerous
conditions in and about the premises of which they become aware; and (3)
reimburse Landlord, on demand by Landlord, for the cost of any repairs to the
premises, including Landlord’s personal property therein, damaged by Tenants, their
family, or their guests or invitees through misuse or neglect.
Tenants acknowledge that they have examined the premises, including appliances,
fixtures, carpets, drapes and paint, and have found them to be in good, safe and
clean condition and repair.
12. Possession of the Premises. If, after signing this Agreement, Tenants fail to take
possession of the premises, they will still be responsible for paying rent and
complying with all other terms of this Agreement. In the event Landlord is unable to
deliver possession of the premises to Tenants for any reason not within Landlord's
control, including, but not limited to, failure of prior occupants to vacate or partial or
complete destruction of the premises, Landlord shall not be liable for any damage
caused thereby, nor shall this Agreement be void or voidable. However, Tenants
shall not be liable for any rent until possession is delivered. Tenant may terminate
this agreement if possession is not delivered within 5 days of the term hereof. In
such event, Landlord's liability to Tenants will be limited to the return of all sums
previously paid by Tenants to Landlord.
13. Pets. No additional animal, bird, or other pet (that is not listed in Section 8b.) may be
kept on the premises without Landlord's prior written consent. With respect to all
pets residing on the property, the following conditions must be met:
[ ] a. In the event that Landlord does agree in writing to additional pets, now or in
the future, tenant acknowledges that an additional security deposit of will be
required, (the amount will depend on the type and quantity of pets), to be received
by the owner prior to the pet residing on the premises.
[ ] c. Both the front and rear yard must be kept free of all animal waste.
[ ] d. Pets must be well trained and non-threatening. The Landlord will not
tolerate dangerous or even apparently dangerous pets, and if she learns of a
worrisome situation, she reserves the option of insisting that the tenant get rid of
the pet (or terminate the lease).
14. Landlord's Access for Inspection and Emergency. Landlord or Landlord's agents
may enter the premises in the event of an emergency or to make repairs or
improvements, supply agreed services, show the premises to prospective buyers or
tenants, conduct an initial move-out inspection requested by tenants, or conduct a
general inspection of the premises. Except in cases of emergency, Tenants'
abandonment of the premises or court order, Landlord will give Tenants reasonable
notice of intent to enter and will enter only during regular business hours of Monday
through Friday from 9:00 a.m. to 6:00 p.m. and Saturday from 10:00 a.m. to 1:00
p.m. The notice will include the purpose, date and approximate time of entry.
15. Extended Absences by Tenants. Tenants agree to notify Landlord in the event that
they will be away from the premises for 15 consecutive days or more. During such
absence, Landlord may enter the premises at times reasonably necessary to
maintain the property and inspect for damage and needed repairs.
16. Prohibitions Against Violating Laws and Causing Disturbances. Tenants will be
entitled to quiet enjoyment of the premises. Tenants and their guests or invitees
shall comply with all statutes, ordinances, and requirements of all municipal, state
and federal authorities now in force, or which may hereinafter be in force, pertaining
to the use of the premises. This includes laws prohibiting the use, possession or
sale of illegal drugs; commit waste or nuisance; or annoy, disturb, inconvenience or
interfere with the quiet enjoyment and peace and quiet of any other tenant or nearby
resident.
a. Tenant(s) and Landlord have agreed that tenant will, at tenant(s) expense
perform all yard maintenance or employ a gardener to monitor the irrigation and
maintain any surrounding grounds, including lawns and shrubbery, to meet the
expectations of the Landlord. Tenant will keep the same clear of rubbish or
weeds if such grounds are a part of the premises and are exclusively for the use
of the Tenant. Tenant is responsible for ensuring that the water timers are on a
regular schedule and set appropriate for existing weather conditions.
b. Landlord recommends that Tenant(s) re-key or change the locks to the exterior
doors upon taking possession. Tenant will not, without Landlord's prior written
consent, install or alter any burglar alarm system. Tenants will provide Landlord
with a key or keys capable of unlocking all such re-keyed or new locks as well as
instructions on how to disarm any altered or new burglar alarm system.
18. Damage to the Premises. In the event the premises are partially or totally damaged
or destroyed by fire or other cause, the following will apply:
a. If the premises are totally damaged and destroyed, Landlord will have the option
to: (1) repair such damage and restore the premises, with this Agreement
continuing in full force and effect, except that Tenants' rent will be abated while
repairs are being made; or (2) give written notice to Tenants terminating this
Agreement at any time within thirty (30) days after such damage, and specifying
the termination date; in the event that Landlord gives such notice, this
Agreement will expire and all of Tenants' rights pursuant to this Agreement will
cease.
b. Landlord will have the option to determine that the premises are only partially
damaged by fire or other cause. In that event, Landlord will attempt to repair
such damage and restore the premises within thirty (30) days after such damage.
If only part of the premises cannot be used, Tenants must pay rent only for the
usable part, to be determined solely by Landlord. If Landlord is unable to
complete repairs within thirty (30) days, this Agreement will expire and all of
Tenants' rights pursuant to this Agreement will terminate at the option of either
party.
c. In the event that Tenants, or their guests or invitees, in any way caused
or contributed to the damage of the premises, Landlord will have the right
to
terminate this Agreement at any time, and Tenants will be responsible for all
losses, including, but not limited to, damage and repair costs as well as loss of
rental income.
c. Landlord will not be required to repair or replace any property brought onto the
premises by Tenants.
19. Indemnification. Landlord shall not be liable for any damage or injury to Tenants,
or any other person, or to any property, occurring on the premises or any part thereof,
or in common areas thereof, unless such damage is the proximate result of the
negligence or unlawful act of the Landlord, his/her agents, or his/her employees.
Tenants agree to hold Landlord harmless from any claims for damages no matter
how caused, except for injury or damages for which Landlord is legally responsible.
21. Waterbeds. No waterbed or other item of water-filled furniture will be kept on the
premises without Landlord's written consent.
a. Tenants and their business and social guests will not smoke inside the
living space of the home.
b. Smoke detector batteries are the responsibility of the tenant, and must be
replaced as needed. Under no circumstances should a smoke detector be
tampered with or disconnected.
c. Tenant is responsible for the proper and safe storage of flammable materials.
d. Flush only toilet paper down the toilets. Disposal of sanitary napkins, tampons,
kitty litter, sweepings, or any other inappropriate items in the plumbing fixtures
is prohibited.
e. The disposal or flushing of any waste oils, trimmed fats or bones in any drain is
prohibited.
f. The landlord reserves the right to change and/or add to these rules
and regulations.
23. Subdivision Rules Any fines incurred due to the Tenant’s failure to comply with the
Subdivision/City Rules & Regulations must be reimbursed to the Landlord, on demand
by Landlord.
24. Notices Any notice which either party may or is required to give, may be given by
mailing the same, postage prepaid, to Tenant at the premises or to the Landlord at the
address shown above or at such other places as may be designated by the parties from
time to time.
25. Payment of Attorney Fees in a Lawsuit. In any legal action brought by either party
to enforce the terms hereof or relating to the demised premises, the prevailing party
shall be entitled to all costs incurred in connection with such action, including a
reasonable attorney’s fee.
26. Authority to Receive Legal Papers. Any person managing the premises, the
Landlord and anyone designated by the Landlord are authorized to accept service of
process and receive other notices and demands, which may be delivered to the
Landlord, at the following address and telephone number:
28. Lease Renewal Option. If tenant has complied with all conditions of the Rental
Agreement, Tenant may elect to extend this lease for an additional 2 year term at a rent
of $3,608.00 per month for the first year and $3,717.00 per month for the second year of
the option term. If tenant does not wish to exercise this extension option they must
notify owner in writing a minimum of 60 days prior to lease expiration – if no notification
is received the renewal option will automatically be exercised.
29. Key Replacement. Lost door keys will be replaced at a cost of $5 each. Electronic
garage door openers are $50 each to replace.
[ ] a.
31. State Database Disclosure. Notice: The California Department of Justice, sheriff's
departments, police departments serving jurisdictions of 200,000 or more, and
many other local law enforcement authorities maintain for public access a database
of the locations of persons required to register pursuant to paragraph (1) of
subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a
quarterly basis
and is a source of information about the presence of these individuals in any
neighborhood. The Department of Justice also maintains a Sex Offender
Identification Line through which inquiries about individuals may be made. This is a
"900" telephone service. Callers must have specific information about individuals
they are checking. Information regarding neighborhoods is not available through the
"900" telephone service (Civil Code §2079.10a.)
32. Default and Grounds for Termination of Tenancy. The failure of Tenant or
Tenant's guests or invitees to comply with any term of this Agreement, or the
misrepresentation of any material fact on Tenant's Rental Application, are grounds
for termination of the tenancy, with appropriate notice to Tenant and procedures as
required by law. If Tenants shall fail to pay rent when due, or perform any term
hereof, after not less than three (3) days written notice of such default given in the
manner required by law, the Landlord, at her opinion, may terminate all rights of
Tenants hereunder, unless Tenants, within said time, shall cure such default. If
Tenant abandons or vacates the property, while in default of the payment of rent,
Landlord may consider any property left on the premises to be abandoned and may
dispose of the same in any manner allowed by law. In the event the Landlord
reasonably believes that such abandoned property has no value, it may be
discarded. All property on the premises is hereby subject to a lien in favor of
Landlord for the payment of all sums due hereunder to the maximum extent allowed
by law. In the event of a default by Tenants, Landlord may elect to (a) continue
lease in effect and enforce all her rights and remedies hereunder, including the right
to recover the rent as it becomes due, or (b) at any time, terminate all of Tenants’
rights hereunder and recover from Tenants all damages he may incur by reason of
the breach of the lease, including the cost of recovering the premises, and including
the worth at the time of such termination, or at the time of an award if suit be
instituted to enforce this provision, of the amount by which the unpaid rent for the
balance of the term exceeds the amount of such rental loss which the Tenant
proves could be reasonably avoided.
33. Waiver. No failure of Landlord to enforce any term hereof shall be deemed a
waiver, nor shall any acceptance of a partial payment of rent be deemed a waiver of
Landlord’s right to the full amount thereof.
Pet Deposit $0
Dec 1, 2020 – Oct 31, 2021 Monthly Rent due on 1st $3,400
Nov 1, 2021 – Oct 31, 2024 Monthly Rent due on 1st $3,502
35. Entire Agreement. This document constitutes the entire Agreement between the
parties, and no promises or representations, other than those contained here and
those implied by law, have been made by Landlord or Tenants. Any modifications
to this Agreement must be in writing signed by Landlord and Tenants. The failure of
Tenants or their guests or invitees to comply with any term of this Agreement is
grounds for termination of the tenancy, with appropriate notice to tenants and
procedures as required by law. The following exhibits, if any, have been made a
part of this agreement before the parties’ execution hereof:
_10/21/2020
Landlord/Manager Date
__________
_10/21/2020
Tenant
Date