Fillable Form 2.: RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (51 Ridge Avenue, Mill Valley)

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Form 2.: RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (51 Ridge Avenue, Mill Valley)

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("Tenant") agree as follows:
1.
Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as:
("Premises").
The Premises are for the sole use as a personal residence by the following named person(s)
only
:
2.
TERM:
The term begins on (date)
("Commencement Date"),
(Check A or B):
B.
Lease:
and shall terminate on (date)
at
AM/ PM.
Tenant shall vacate the Premises upon termination of the Agreement, unless:
(i)
Landlord and Tenant have in writing extended this
agreement or signed a new agreement;
(ii)
mandated by local rent control law; or
(iii)
Landlord accepts Rent from Tenant (other than past due
Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be
at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force
and effect.
A.
Month-to-Month:
and continues as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days
prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be
given on any date.
A.
Tenant agrees to pay $ per month for the term of the Agreement.
B.
Rent is payable in advance on the
1st (or
) day
of each calendar month, and is delinquent on the next day.
C.
If Commencement Date falls on any day other than the day Rent is payable under paragraph 3B, and Tenant has paid one full month’s Rent in
advance of Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day period.
3.
RENT:
"Rent" shall mean all monetary obligations of Tenant to Landlord under the terms of the Agreement, except security deposit.
4. SECURITY DEPOSIT:
A.
Tenant agrees to pay $
as a security deposit. Security deposit will be
of the Premises, or held in Owner's Broker's trust account.
B.
All or any portion of the security deposit may be used, as reasonably necessary, to:
(i)
cure Tenant’s default in payment of Rent (which includes
Late Charges, NSF fees or other sums due);
(ii)
repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of
Tenant;
(iii)
clean Premises, if necessary, upon termination of the tenancy; and
(iv)
replace or return personal property or appurtenances.
SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH’S RENT.
If all or any portion of the
security deposit is used during the tenancy, Tenant agrees to reinstate the total security deposit within five days after written notice is delivered to
Tenant. Within 21 days after Tenant vacates the Premises, Landlord shall:
(1)
furnish Tenant an itemized statement indicating the amount of any
security deposit received and the basis for its disposition and supporting documentation as required by California Civil Code § 1950.5(g); and
(2)
return any remaining portion of the security deposit to Tenant.
D.
No interest will be paid on security deposit unless required by local law.
Tenant's Initials
("Landlord") and
PROPERTY:
A.
B.
D.
PAYMENT: Rent shall be paid by
transferred to and held by the Owner
E.
If the security deposit is held by Owner, Tenant agrees not to hold Broker responsible for its return. If the security deposit is held in Owner’s
Broker’s trust account,
and
Broker’s authority is terminated before expiration of this Agreement,
and
security deposit is released to someone
other than Tenant,
then
Broker shall notify Tenant, in writing, where and to whom security deposit has been released. Once Tenant has been
provided such notice, Tenant agrees not to hold Broker responsible for the security deposit.
5. MOVE-IN COSTS RECEIVED/DUE:
Move-in funds made payable to
Rent from
to (date)
Category Total Due Payment Received Balance Due Date Due
*Security Deposit
Other
Other
Total
*The maximum amount Landlord may receive as security deposit, however designated, cannot exceed two months’ Rent for unfurnished premises, or
three months’ Rent for furnished premises.
Date
Reviewed by
LR REVISED 2017 (PAGE 1 OF 6)
Form Made Fillable by RentalLeaseAgreements.com
personal check, money order, cashier's check, other
, to
(name) (phone) at
(address)
,
(or at any other location subsequently specified by Landlord in writing to Tenant) between the hours of
and
on the following days
. If any payment is returned for non-sufficient funds ("NSF") or
RESIDENTIAL LEASE OR
MONTH-TO-MONTH RENTAL AGREEMENT
(C.A.R. Form LR, Revised 2017)
C.
The following personal property, maintained pursuant to paragraph 11, is included:
(if checked) the personal property on the attached addendum.
or
because tenant stops payment, then, after that: (i) Landlord may, in writing, require Tenant to pay Rent in cash for three months and (ii) all future
money order, or cashier's check.
C.
Security deposit will not be returned until all Tenants have vacated the Premises. Any security deposit returned by check shall be made
out to all Tenants named on this Agreement, or as subsequently modified.
shall be paid by
personal check, money order, or
cashier's check.
) ( )
Landlord's Initials ) ( )
(
(
.
Rent shall be paid by
,
Premises: Date:
(Check all that apply:)
6. LATE CHARGE; RETURNED CHECKS:
A.
Tenant acknowledges either late payment of Rent or issuance of a returned check may cause Landlord to incur costs and
expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not
limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent
due from Tenant is not received by Landlord within
5 (or ) calendar days
after the date due, or if a check is returned,
Tenant shall pay to Landlord, respectively, an additional sum of $ or % of the Rent due as
a Late Charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check,
either or both of which shall be deemed additional Rent.
B.
Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by
reason of Tenant’s late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of Rent.
Landlord’s acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord’s right
to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 3 or prevent
Landlord from exercising any other rights and remedies under this Agreement and as provided by law.
7. PARKING: (Check A or B)
A.
Parking is permitted as follows:
.
The right to parking is is not included in the Rent charged pursuant to paragraph 3. If not included in the Rent, the
parking rental fee shall be an additional $ per month. Parking space(s) are to be used for parking
properly licensed and operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up
trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other
motor vehicle fluids shall not be parked on the Premises. Mechanical work or storage of inoperable vehicles is not permitted
in parking space(s) or elsewhere on the Premises.
B.
Parking is not permitted on the Premises.
OR
8. STORAGE: (Check A or B)
A.
Storage is permitted as follows:
The right to storage space is is not included in the Rent charged pursuant to paragraph 3. If not included in the Rent,
storage space fee shall be an additional $ per month. Tenant shall store only personal property
Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall
not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other
inherently dangerous material, or illegal substances.
OR B.
Storage is not permitted on the Premises.
9. UTILITIES:
Tenant agrees to pay for all utilities and services, and the following charges:
except , which shall be paid for by Landlord. If any utilities are not separately metered,
Tenant shall pay Tenant’s proportional share, as reasonably determined and directed by Landlord. If utilities are separately metered,
Tenant shall place utilities in Tenant’s name as of the Commencement Date. Landlord is only responsible for installing and
maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from
existing utilities service provider.
10. CONDITION OF PREMISES:
Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and
fixtures, including smoke detector(s).
A.
Tenant acknowledges these items are clean and in operable condition, with the following exceptions:
.
B.
Tenant’s acknowledgment of the condition of these items is contained in an attached statement of condition (C.A.R. Form
MIMO).
C.
Tenant will provide Landlord a list of items that are damaged or not in operable condition within
3 (or ) days
after Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the
Premises.
D.
Other:
.
11. MAINTENANCE:
A.
Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and
appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and well
ventilated. Tenant shall be responsible for checking and maintaining all smoke detectors and any additional phone lines beyond
the one line and jack that Landlord shall provide and maintain. Tenant shall immediately notify Landlord, in writing, of any
problem, malfunction or damage. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or
licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure
to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by
defective plumbing parts or tree roots invading sewer lines.
B.
Landlord Tenant shall water the garden, landscaping, trees and shrubs, except:
.
C.
Landlord Tenant shall maintain the garden, landscaping, trees and shrubs, except:
.
D.
Landlord Tenant shall maintain
E.
Tenant’s failure to maintain any item for which Tenant is responsible shall give Landlord the right to hire someone to perform
such maintenance and charge Tenant to cover the cost of such maintenance.
F.
The following items of personal property are included in the Premises without warranty and Landlord will not maintain, repair or
replace them: .
Tenant's Initials ( ) ( )
Landlord's Initials ( ) ( )
Date
Reviewed by
LR REVISED 2017 (PAGE 2 OF 6)
12. NEIGHBORHOOD CONDITIONS:
Tenant is advised to satisfy him or herself as to neighborhood or area conditions, including
schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other
governmental services, availability, adequacy and cost of any speed-wired, wireless internet connections or other
telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities,
existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor
from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of
common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and
preferences of Tenant.
Premises:
Date:
13. PETS:
Unless otherwise provided in California Civil Code § 54.2, no animal or pet shall be kept on or about the Premises
without Landlord’s prior written consent, except: .
14. RULES/REGULATIONS:
A.
Tenant agrees to comply with all Landlord rules and regulations that are at any time posted on the Premises or delivered to
Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger or interfere
with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to,
using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a
waste or nuisance on or about the Premises.
B. (If applicable, check one)
Landlord shall provide Tenant with a copy of the rules and regulations within days or .
1.
OR 2.
Tenant has been provided with, and acknowledges receipt of, a copy of the rules and regulations.
(If checked)
CONDOMINIUM; PLANNED UNIT DEVELOPMENT:15.
A.
The Premises is a unit in a condominium, planned unit development, common interest subdivision or other development
governed by a homeowners’ association (“HOA”). The name of the HOA is .
Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions.
Landlord shall provide Tenant copies of rules and regulations, if any. Tenant shall reimburse Landlord for any fines or charges
imposed by HOA or other authorities, due to any violation by Tenant, or the guests or licensees of Tenant.
B. (Check one)
Landlord shall provide Tenant with a copy of the HOA rules and regulations within
1.
days or .
2.
Tenant has been provided with, and acknowledges receipt of, a copy of the HOA rules and regulations.
OR
16. ALTERATIONS; REPAIRS:
Unless otherwise specified by law or paragraph 27C, without Landlord’s prior written consent,
(i)
Tenant
shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or
changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large
nails or adhesive materials;
(ii)
Landlord shall not be responsible for the costs of alterations or repairs made by Tenant;
(iii)
Tenant
shall not deduct from Rent the costs of any repairs, alterations or improvements; and
(iv)
any deduction made by Tenant shall be
considered unpaid Rent.
17. KEYS; LOCKS:
A.
Tenant acknowledges receipt of (or Tenant will receive
prior to the Commencement Date, or ):
key(s) to Premises, remote control device(s) for garage door/gate opener(s),
key(s) to mailbox,
,
.
key(s) to common area(s),
B.
Tenant acknowledges that locks to the Premises have have not, been re-keyed.
C.
If Tenant re-keys existing locks or opening devices, Tenant shall immediately deliver copies of all keys to Landlord. Tenant shall
pay all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by
Tenant.
18. ENTRY:
A.
Tenant shall make Premises available to Landlord or Landlord’s representative for the purpose of entering to make necessary or
agreed repairs, decorations, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to
prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
B.
Landlord and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except as follows: 48-hour
written notice is required to conduct an inspection of the Premises prior to the Tenant moving out, unless the Tenant waives the
right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided Tenant has
been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be given
to show the Premises. No notice is required:
(i)
to enter in case of an emergency;
(ii)
if the Tenant is present and consents at
the time of entry or
(iii)
if the Tenant has abandoned or surrendered the Premises. No written notice is required if Landlord and
Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral
agreement.
C.
19. SIGNS:
Tenant authorizes Landlord to place FOR SALE/LEASE signs on the Premises.
20. ASSIGNMENT; SUBLETTING:
Tenant shall not sublet all or any part of Premises, or assign or transfer this Agreement or any
interest in it, without Landlord’s prior written consent. Unless such consent is obtained, any assignment, transfer or subletting of
Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall, at the option of Landlord,
terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Landlord an application and credit
information for Landlord’s approval and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord’s
consent to any one assignment, transfer or sublease, shall not be construed as consent to any subsequent assignment, transfer or
sublease and does not release Tenant of Tenant’s obligations under this Agreement.
21. JOINT AND INDIVIDUAL OBLIGATIONS:
If there is more than one Tenant, each one shall be individually and completely
responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant, and individually,
whether or not in possession.
Tenant's Initials ( ) ( )
Landlord's Initials ( ) ( )
Date
Reviewed by
(If checked) Tenant authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees to sign a
keysafe/lockbox addendum (C.A.R. Form KLA).
LR REVISED 2017 (PAGE 3 OF 6)
22. LEAD-BASED PAINT (If checked):
Premises was constructed prior to 1978. In accordance with federal law, Landlord gives and
Tenant acknowledges receipt of the disclosures on the attached form (C.A.R. Form FLD) and a federally approved lead pamphlet.
Premises:
Date:
23. MILITARY ORDNANCE DISCLOSURE:
(If applicable and known to Landlord) Premises is located within one mile of an area once
used for military training, and may contain potentially explosive munitions.
24. PERIODIC PEST CONTROL:
Landlord has entered into a contract for periodic pest control treatment of the Premises and shall
give Tenant a copy of the notice originally given to Landlord by the pest control company.
25. 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 data
base is updated on a quarterly basis and a source of information about the presence of these individuals in any neighborhood. The
Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This
is a “900” telephone service. Callers must have specific information about individuals they are checking. Information regarding
neighborhoods is not available through the “900” telephone service.
26. POSSESSION:
Tenant is not in possession of the premises. If Landlord is unable to deliver possession of Premises on Commencement Date,
such Date shall be extended to the date on which possession is made available to Tenant. If Landlord is unable to deliver
) calendar days
after agreed Commencement Date, Tenant may terminate this Agreement
Tenant is already in possession of the Premises.
27. TENANT’S OBLIGATIONS UPON VACATING PREMISES:
A.
Upon termination of the Agreement, Tenant shall:
(i)
give Landlord all copies of all keys or opening devices to Premises,
including any common areas;
(ii)
vacate and surrender Premises to Landlord, empty of all persons;
(iii)
vacate any/all parking
and/or storage space;
(iv)
clean and deliver Premises, as specified in paragraph C below, to Landlord in the same condition as
referenced in paragraph 10;
(v)
remove all debris;
(vi)
give written notice to Landlord of Tenant’s forwarding address; and
(vii)
.
B.
All alterations/improvements made by or caused to be made by Tenant, with or without Landlord’s consent, become the property
of Landlord upon termination. Landlord may charge Tenant for restoration of the Premises to the condition it was in prior to any
alterations/improvements.
C. Right to Pre-Move-Out Inspection and Repairs as follows: (i)
After giving or receiving notice of termination of a tenancy
(C.A.R. Form NTT), or before the end of a lease, Tenant has the right to request that an inspection of the Premises take place
prior to termination of the lease or rental (C.A.R. Form NRI). If Tenant requests such an inspection, Tenant shall be given an
opportunity to remedy identified deficiencies prior to termination, consistent with the terms of this Agreement.
(ii)
Any repairs or
alterations made to the Premises as a result of this inspection (collectively, “Repairs”) shall be made at Tenant’s expense.
Repairs may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by
Landlord. The work shall comply with applicable law, including governmental permit, inspection and approval requirements.
Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials.
It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible.
(iii)
Tenant
shall:
(a)
obtain receipts for Repairs performed by others;
(b)
prepare a written statement indicating the Repairs performed by
Tenant and the date of such Repairs; and
(c)
provide copies of receipts and statements to Landlord prior to termination.
Paragraph 27C does not apply when the tenancy is
terminated
pursuant
to
California Code
of
Civil
Procedure
§
1161(2), (3) or (4)
.
28. BREACH OF CONTRACT; EARLY TERMINATION:
In addition to any obligations established by paragraph 27, in the event of
termination by Tenant prior to completion of the original term of the Agreement, Tenant shall also be responsible for lost Rent, rental
commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Landlord may withhold any such
amounts from Tenant’s security deposit.
29. TEMPORARY RELOCATION:
Subject to local law, Tenant agrees, upon demand of Landlord, to temporarily vacate Premises for a
reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to
Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest
control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables.
Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate
Premises.
30. DAMAGE TO PREMISES:
If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake,
accident or other casualty that render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this
Agreement by giving the other written notice. Rent shall be abated as of the date Premises become totally or partially uninhabitable.
The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Landlord shall
promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant’s reasonable
use of Premises. If damage occurs as a result of an act of Tenant or Tenant’s guests, only Landlord shall have the right of
termination, and no reduction in Rent shall be made.
31. INSURANCE:
Tenant’s or guest’s personal property and vehicles are not insured by Landlord, manager or, if applicable, HOA,
against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause.
Tenant is
advised to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage.
Tenant shall
comply with any requirement imposed on Tenant by Landlord’s insurer to avoid:
(i)
an increase in Landlord’s insurance premium (or
Tenant shall pay for the increase in premium); or
(ii)
loss of insurance.
32. WATERBEDS:
Tenant shall not use or have waterbeds on the Premises unless:
(i)
Tenant obtains a valid waterbed insurance policy;
(ii)
Tenant increases the security deposit in an amount equal to one-half of one month’s Rent; and
(iii)
the bed conforms to the floor
load capacity of Premises.
Tenant's Initials ( ) ( )
Landlord's Initials ( ) ( )
Date
Reviewed by
A.
possession within
5 (or
by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid. Possession is deemed terminated
when Tenant has returned all keys to the Premises to Landlord.
B.
LR REVISED 2017 (PAGE 4 OF 6)
33. WAIVER:
The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
Premises:
Date:
34. NOTICE:
Notices may be served at the following address, or at any other location subsequently designated:
Tenant's Initials ( ) ( )
Landlord's Initials ( ) ( )
Date
Reviewed by
Landlord: Tenant:
35. TENANT ESTOPPEL CERTIFICATE:
Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Landlord or
Landlord’s agent within 3 days after its receipt. Failure to comply with this requirement shall be deemed Tenant’s acknowledgment
that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
36. TENANT REPRESENTATIONS; CREDIT:
Tenant warrants that all statements in Tenant’s rental application are accurate. Tenant
authorizes Landlord and Broker(s) to obtain Tenant’s credit report periodically during the tenancy in connection with the modification
or enforcement of this Agreement. Landlord may cancel this Agreement:
(i)
before occupancy begins;
(ii)
upon disapproval of the
credit report(s); or
(iii)
at any time, upon discovering that information in Tenant’s application is false. A negative credit report reflecting
on Tenant’s record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of payment and other obligations
under this Agreement.
37. MEDIATION:
A.
Consistent with paragraphs B and C below, Landlord and Tenant agree to mediate any dispute or claim arising between them out
of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally
among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without
first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party
shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
.
B.
The following matters are excluded from mediation:
(i)
an unlawful detainer action;
(ii)
the filing or enforcement of a mechanic's
lien; and
(iii)
any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable
the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall
not constitute a waiver of the mediation provision.
C.
Landlord and Tenant agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager (“Broker”),
provided Broker shall have agreed to such mediation prior to, or within a reasonable time after, the dispute or claim is presented
to such Broker. Any election by Broker to participate in mediation shall not result in Broker being deemed a party to this
Agreement.
38. ATTORNEY FEES:
In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant shall
be entitled to reasonable attorney fees and costs, except as provided in paragraph 37A.
39. CAR FORM:
C.A.R. Form means the specific form referenced or another comparable form agreed to by the parties.
40. OTHER TERMS AND CONDITIONS; SUPPLEMENTS:
The following ATTACHED supplements are incorporated in this Agreement:
Keysafe/Lockbox Addendum (C.A.R.Form KLA);
Interpreter/Translator Agreement (C.A.R. Form ITA); Lead-Based Paint and Lead-Based Paint Hazards Disclosure (C.A.R. Form FLD)
41. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES:
Time is of the essence. All understandings between the parties are
incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement
with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral
agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given
full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in
writing. This Agreement is subject to California landlord-tenant law and shall incorporate all changes required by amendment or
successors to such law. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or
more counterparts, all of which shall constitute one and the same writing.
42. AGENCY:
A. CONFIRMATION:
The following agency relationship(s) are hereby confirmed for this transaction:
Listing Agent: (Print firm name)
is the agent of (check one): the Landlord exclusively; or both the Landlord and Tenant.
Leasing Agent: (Print firm name)
(if not same as Listing Agent) is the agent of (check one):
both the Tenant and Landlord.
the Tenant exclusively; or the Landlord exclusively; or
B. DISCLOSURE:
(If checked): The term of this lease exceeds one year. A disclosure regarding real estate agency relationships
(C.A.R. Form AD) has been provided to Landlord and Tenant, who each acknowledge its receipt.
43. TENANT COMPENSATION TO BROKER:
Upon execution of this Agreement, Tenant agrees to pay compensation to Broker as
specified in a separate written agreement between Tenant and Broker.
44. INTERPRETER/TRANSLATOR:
The terms of this Agreement have been interpreted for Tenant into the following language:
. Landlord and Tenant acknowledge receipt of
the attached interpretor/translator agreement (C.A.R. Form ITA).
45. FOREIGN LANGUAGE NEGOTIATION:
If this Agreement has been negotiated by Landlord and Tenant primarily in Spanish,
Chinese, Korean or Vietnamese. Pursuant to the California Civil Code Tenant shall be provided a translation of this Agreement in the
language used for the negotiation.
LR REVISED 2017 (PAGE 5 OF 6)
Landlord and Tenant acknowledge and agree Brokers:
(a)
do not guarantee the condition of the Premises;
(b)
cannot verify
representations made by others;
(c)
cannot provide legal or tax advice;
(d)
will not provide other advice or information that exceeds
the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as
Landlord in this Agreement, Brokers:
(e)
do not decide what rental rate a Tenant should pay or Landlord should accept; and
(f)
do
not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance and other
desired assistance from appropriate professionals.
Tenant Date
Landlord Date
(Owner or Agent with authority to enter into this Agreement)
Landlord Date
(Owner or Agent with authority to enter into this Agreement)
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Premises:
Date:
Landlord Address City
R
Date
Reviewed by
Address City State Zip
Telephone Fax E-mail
Tenant Date
Address City State Zip
Telephone Fax E-mail
46. GUARANTEE:
In consideration of the execution of the Agreement by and between Landlord and Tenant and for valuable
consideration, receipt of which is hereby acknowledged, the undersigned (“Guarantor”) does hereby:
(i)
guarantee
unconditionally to Landlord and Landlord’s agents, successors and assigns, the prompt payment of Rent or other sums that
become due pursuant to this Agreement, including any and all court costs and attorney fees included in enforcing the Agreement;
(ii)
consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant; and
(iii)
waive any right to require Landlord and/or Landlord’s agents to proceed against Tenant for any default occurring under this
Agreement before seeking to enforce this Guarantee.
Guarantor Date
Address City State Zip
Telephone
Fax E-mail
Guarantor (Print Name)
47. OWNER COMPENSATION TO BROKER:
Upon execution of this Agreement, Owner agrees to pay compensation to Broker as
specified in a separate written agreement between Owner and Broker (C.A.R. Form LCA).
48. RECEIPT:
If specified in paragraph 5, Landlord or Broker, acknowledges receipt of move-in funds.
Telephone Fax E-mail
State Zip
REAL ESTATE BROKERS:
A.
Real estate brokers who are not also Landlord under the Agreement are not parties to the Agreement between Landlord and
Tenant.
B.
Agency relationships are confirmed in paragraph 42.
C. COOPERATING BROKER COMPENSATION:
Listing Broker agrees to pay Cooperating Broker (Leasing Firm) and Cooperating
Broker agrees to accept:
(i)
the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the
Property is offered for sale or a reciprocal MLS; or
(ii)
(if checked) the amount specified in a separate written agreement
between Listing Broker and Cooperating Broker.
Real Estate Broker (Leasing Firm)
By (Agent) Date
Address City State Zip
Telephone
Fax E-mail
Real Estate Broker (Listing Firm)
By (Agent) Date
Address City State Zip
Telephone
Fax E-mail
LR REVISED 2017 (PAGE 6 OF 6)
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Form 2.: RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (51 Ridge Avenue, Mill Valley)

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Completed 24 August 2021

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