Premises: 229 Winchester Dr, Goleta CA 93117-1002
Landlord:
Tenant:
A. Children: None
B. Pets: 2 cats (neutered) (See Pet Agreement)
C. Beginning Date: 1 October 1999
D. Day of month rent is due: First
E. Rent per month: $2,000.00
F. Security deposit: $3,000.00
G. Utilities and services provided: None
This is a MONTH-TO-MONTH AGREEMENT — Tenant agrees to rent the Premises on a month-to-month basis.
This agreement entered into this first day of October 1999, by and between Landlord and Tenant as follows: That for the consideration of rent payments and covenants adherence on the part of the Tenant, the Landlord rents to the Tenant and the Tenant hires from the Landlord for residential use only the Premises noted above.
Tenant further agrees:
1. Rent - Rent is due and payable in advance on the day noted in item D (Day of month rent is due) above at the rate noted in item E (Rent per month) above to Landlord at the address noted above or at such other places as may be designated by Landlord in writing from time to time.
The parties agree that it is now impractical and extremely difficult to fix the actual damages Landlord will sustain if Tenant breaches the terms of the preceding paragraph. Accordingly it is agreed that in the event rent is not physically received by 5:00 p.m. on the fourth (4h) day following the day rent is due each month as noted in item D above, Tenant will pay to Landlord a late charge of Ten Dollars ($10.00) plus Two Dollars ($2.00) per day beginning on the fifth (5h) day following the day rent is due. Said sums shall be due and payable concurrently with the rent by cash, cashier’s check, or money order. Upon expiration of the five (5) days grace period, it is further agreed that in the event Landlord caused to be prepared a Three Day Notice to Pay Rent or Surrender Possession, Tenant will pay Landlord within the time specified on the Notice, as reasonable liquidated damages, an administrative charge in the sum or Thirty Dollars ($30.00). Rent and other monetary obligations may be paid by check, provided payment is tendered prior to the fifth (5h) day following the day rent is due; however, if for any reason any such check is uncollectable, unpaid, or dishonored when presented for payment, the privilege of paying by check is automatically and irrevocably terminated. All further monetary obligations must then be paid by cashier’s check or money order. An administrative charge in the sum or Thirty Dollars ($30.00) as reasonable liquidated damages for any check returned as uncollectable, unpaid, or dishonored when presented for payment. Checks will not be re-deposited. If Landlord serves a Three Day Notice to Pay Rent or Surrender Possession, the Thirty Dollars ($30.00) administrative charge shall be assessed in addition to these other charges.
2. Occupancy - Premises shall be occupied by the undersigned adults and any children noted in A above. Guests may stay up to ten days in any six-month period if they register with the manager or Landlord after the third day. Occupancy by guests staying more than ten days is prohibited without Landlord's written consent and shall be considered to be a breach of the subletting conditions of this agreement. Persons other than short-term guests, living on the Premises without permission may be charged at a daily rate equal to two percent of the monthly rent, per person. Substitution of any other person for any Tenant or the addition of any person as a Tenant requires prior written consent of Landlord.
3. Subletting - No portion of said Premises shall be sublet nor this Agreement assigned without Landlord's prior written permission. A change of Tenant requires written permission of Landlord and payment of costs to approve the new Tenant, such costs not to exceed one hundred dollars.
4. Pets - No bird or animal shall be kept or allowed in or about said Premises without Landlord's prior written permission or as noted in item B (Pets) above. Pets kept or allowed without such permission are subject to a charge of five dollars per day per pet. This includes the pets of visitors. Evidence of the presence of fur-bearing animals will incur a defleaing charge.
5. Smoking - No smoking shall be allowed inside the structure. The smoke alarm is to be maintained in an operable condition. If smoking occurs inside, Tenant will clean all the interior surfaces and window coverings upon vacating.
6. Water beds - No waterbeds or liquid filled furniture shall be allowed in or about said Premises without Landlord's prior written consent. Consent may require evidence of proper installation and insurance.
7. Tenant shall not violate any governmental law in the use of the Premises; commit waste or nuisance; annoy, molest or interfere with any neighbor.
8. Inspection - Tenant has inspected the Premises, fixtures, furnishings, and equipment, as applicable, and has found the same to be satisfactory, reasonably clean, and undamaged except as noted in the Property Condition Report. All plumbing, heating, and electrical items are operative and in good condition. Furniture and fixtures, if any, as inventoried and attached hereto have likewise been inspected and are deemed satisfactory by Tenant except as noted in the Condition Report.
9. Modification and decoration - Except as provided by law, Tenant shall not, without prior written permission from Landlord, make any change or addition to the building structure, fixtures (including but not limited to plumbing and electrical,) wiring (including but not limited to electrical, telephone, and cable,) appliances, equipment, windows, doors, facilities, paint, wallpaper, or decorate any portion thereof; attach anything to the walls except pictures and other lightweight decorations; attach anything to or let anything touch the ceilings; change, prune, move, or remove any plants or trees.
10. Maintenance and repair - Tenant shall (a) keep the Premises including fixtures and appliances (and furniture, if any) in good order and in a clean and sanitary condition; (b) use and operate all electrical, gas, and plumbing fixtures in an appropriate manner and keep the same in a clean and safe condition; (c) dispose of all rubbish, garbage, and waste in a clean and sanitary manner; (d) not permit any person in or about the Premises with Tenant's permission to deface, damage, or remove any part of the structure of the Premises or any of the facilities, equipment, or appurtenances thereto, or climb upon the roof or fence, nor himself do any such thing; (e) occupy and use the Premises solely as a residence in the manner in which they were designed and intended to be occupied and used. Tenant shall pay for any repairs to the property caused by Tenant's negligence or misuse, or that of Tenant's guests and invitees, or caused by Tenant's failure to comply with these conditions. At Landlord's election, any such expense shall be deemed additional rent for the rental month in which incurred and be collected as such, or Landlord may deduct such expense from Tenant's Security Deposit. Landlord does not maintain interior phone wiring.
Tenant is responsible for implementing any water-saving measures unless installations or modifications are required by law. Tenant is to immediately report any evidence of termites (such as the presence of their droppings). The maintenance of the landscaping, lawn, and yard is the responsibility of the Tenant. This includes watering, mowing, trimming, weeding, and removal of bermuda grass. Tenant is not to prune, remove, or replace any landscaping without Landlord's prior written permission. Landlord shall otherwise maintain the property.
11. Insurance - Tenant's personal property is not insured by Landlord. Nor does Landlord's insurance cover damage to Premises due to negligence of Tenant.
12. Utilities - Tenant agrees to pay for all utilities, services, and charges made payable by or predicated upon occupancy of Premises except as noted in item G (Utilities) above.
13. Responsibility - The undersigned Tenant, whether or not in actual possession of the Premises, are jointly and severally liable for all rent incurred during the term of this Agreement, and for all damages to the demised Premises caused or permitted by Tenant, their guests and invitees.
14. Security has been received in the amount noted in item F (Security deposit) above. Landlord may use therefrom such amounts as are reasonably necessary to remedy Tenant defaults in the payment of rent, to repair damages to the Premises caused by the Tenant, their guests and invitees, exclusive of ordinary wear and tear, or to clean such Premises, if necessary, upon termination of the tenancy. Balance of security deposit, if any, together with a written itemized accounting, shall be mailed to Tenant's last known address within 14 days of surrender of Premises. If more than one person is named as Tenant, the security deposit as a whole is due and owing from all of the Tenants on a joint and several basis. The deposit will only be returned to all of the Tenants upon vacation of the Premises by all of the Tenants. The deposit will be returned to all persons listed herein as Tenants unless otherwise informed in writing by all Tenants.
15. Termination - If this agreement is a Month-to-Month Agreement, it may be terminated by either party serving upon the other written notice. Said termination shall become effective 30 days after service of said notice. Any holding over thereafter shall be deemed a day-to-day tenancy with any holding over at a fair rental value of one-thirtieth of the current monthly rental.
16. Representations - Tenant acknowledges that no representations as to the condition or repair of the Premises, nor as to Landlord's intentions with respect to any improvement, alteration, decoration, or repair of the Premises have been made to Tenant unless noted in writing.
17. Notification - Tenant must notify Landlord of any changes in employment address, phone numbers, or other data given on the application form. Tenant must notify Landlord when Tenant goes on holiday/vacation or when the Premises will not be occupied for longer than seven days.
18. If any legal action or proceeding be brought by either party to enforce any part of this Agreement, the prevailing party shall recover in addition to all other relief reasonable attorney's fees and costs.
19. Notice upon Tenant may be served at the subject Premises. Notice upon Landlord may be served at 206 Ravenscroft Dr, Goleta CA 93117-2025.
20. Abandoned property - Items left behind on the Premises after a Tenant has moved out will be treated as abandoned property subject to storage charges until claimed by owner.
21. Lead Paint Disclosure and Warning - Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.
Lessor's Disclosure: Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the subject premises. Furthermore, Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the subject premises.
22. 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 data base 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.
23. Tenant changes—This agreement may continue with a change in the individuals who constitute Tenant. Such a change will be effected, in the absence of a new Rental Agreement, by executing a Tenant Substitution agreement signed by all parties to this agreement and by the New Tenant (the one who replaces one of the Tenants to this agreement). The New Tenant releases the departing Tenant from all liabilities under this agreement and assumes a proportional interest in the Security Deposit.
24. Security Deposit— Tenants are considered a single entity for the purposes of interest in the Security Deposit. When there is a substitution of Tenant, the Security Deposit interest of a departing Tenant in the Security Deposit may be transferred to the New Tenant by mutual written agreement. The Security Deposit amount must remain constant while the Rental Agreement is in effect and the Premises occupied thereunder.
25. Parking—There is room in the driveway to effectively park only two cars because of the intrusion of the walnut tree. One space must be reserved for the occupant of the studio, preferably this is the space to the north. This space must be available to the occupant at all times unless other arrangements are made. Cars that leak oil are not to be parked in the drive unless an effective means is used to prevent oil dripping onto the concrete pavement. Landlord reserves the paved area inside the gate near the driveway for his vehicle storage.
26. Laundry—The washer and dryer provided by Landlord are to be maintained by Tenant in a good and operable condition. If these appliances fail, Tenant is responsible for the repair or replacement with equivalent machines. Landlord’s furnishing of such machines is solely at his option and can be changed upon reasonable notice. Ten dollars of the monthly rent will accumulate as a fund for laundry equipment maintenance unless Tenant provides their own equipment.
27. Laundry room—This structure houses the laundry equipment and may be used for storage with the understanding that it can not be securely locked, and is subject to leaks from the roof and water overflow from the washer.
28. Deck—The deck is shared with the studio Tenant. It must not be used as a work bench or subject to other than its intended use. If barbecues are used on the deck, there must be a fireproof surface between the barbecue and the deck and extending beyond the barbecue 18 inches on all sides.
29. Yard— Tenant is responsible for the entire yard except for that portion behind the patio room and along the north side of the driveway.
30. Tenant supersedure—An application form must be filled out by the new prospective Tenant and approved by Landlord before a supersedure may be effected. A letter must be signed by the New Tenant releasing the former Tenant from any further obligations under the Rental Agreement, including payment for damages to the premises. The New Tenant will pay the former Tenant for his share of the security deposit held by Landlord less any obligations. All signers of the current Agreement agree to sign a new Agreement when requested by Landlord
31. Temporary/Summer Sublet— Tenant is responsible for all actions of the person sublet to. There should be a written agreement and a security deposit taken. Landlord beforehand must approve the person and the arrangement.
NOTICE TO SIGNER: By signing this contract, you will have the same responsibility for the property and the same obligation to make payments that every tenant has. If any tenant does not pay, you may have to pay the full amount owed, including late fees, and you may have to pay for certain loss or damage to the property. The landlord may collect from you without first trying to collect from any other tenant. The landlord can use the same collection methods against you that can be used against any tenant, such as suing you or garnishing your wages.
The undersigned Tenant acknowledges having read the foregoing and received a copy.
AS APPLICABLE: By initialing as provided below, Tenant acknowledges receipt of a copy of the associated document and has read it, a copy of which is attached hereto, marked as noted, and is incorporated herein by reference as though fully set forth at length. Said document shall be deemed covenants of this agreement.
Pamphlet Protect Your Family from Lead in Your Home: [ ]
Pet Agreement: [ ] Page 5
House Rules: [ ] Page 6
Security Deposit Refund: [ ] Page 7
Inventory: [ ] Page 8
Property Condition Report (page 9) is to be signed and returned to Landlord within five days of move-in. A copy signed by Landlord is to be kept by Tenant.
Co-Signers: Co-Signer Agreements, if any, are incorporated herein by reference as though fully set forth at length.
EXECUTED in duplicate, on the day, month, and year first written above.
Pet Agreement
Premises: 229 Winchester Dr, Goleta CA 93117-1002
Landlord:
Tenant:
This agreement entered into this first day of October, 1999, by and between Landlord and Tenant as follows:
The Rental Agreement provides that without Landlord's prior written consent, no pets shall be allowed in or about said premises. Tenant desires to keep the following described Pet hereinafter referred to as "Pet": 2 cats (neutered)
This Agreement is an Addendum to and part of the Rental Agreement and/or Lease between Landlord and Tenant. In the event of default by Tenant of any of the included terms, Tenant agrees, within three days after receiving written notice of default from Landlord, to cure the default or vacate the premises. Tenant agrees Landlord may revoke permission to keep said Pet on the premises by giving Tenant written thirty (30) day notice.
As a special security deposit, Tenant agrees to pay Landlord the sum of $300.00 (receipt of which is hereby acknowledged). Landlord may use therefrom such amount as is reasonably necessary to take care of any damages or cleaning caused by or in connection with said Pet. At the termination of this agreement, any balance shall be added to the rental agreement security deposit and disbursed thereafter as required by law. Tenant agrees to pay Landlord for any excess damages or costs on demand.
Tenant agrees to comply with: Health and Safety Code, and all other applicable governmental laws and regulations.
Tenant represents the Pet or Pets are quiet and "housebroken" and will not cause any damage or annoy other Tenants.
· If the Pet is a cat, Tenant must provide and maintain an appropriate litter box kept in such a manner that the contents cannot get on the carpeting.
· If a dog, it shall not be permitted to run inside the unit.
· If a bird, the bird shall not be let out of the cage inside the structure.
· If fish, the water container shall not weigh over 100 pounds and shall be placed in a safe location in the premises and be secured against being overturned by accident or by earthquake.
No Pet shall be fed on unprotected carpeting within the premises. Tenant shall prevent any fleas or other infestation of the rental unit or other property of Landlord. Upon termination tenant shall arrange for, with Landlord’s approval, special inspection and cleaning of the premises to check for and remedy any damages with respect to but not limited to the following: (1) urine damage to carpets, wall, and drapes, (2) tearing or other damage to carpets and drapes, (3) scratching or chewing of woodwork. Carpet cleaning will be required regardless of the length of tenancy. Defleaing will be required if Pet is a fur-bearing animal.
Tenant shall not permit the Pet to cause any damage, discomfort, annoyance, nuisance or in any way to inconvenience, or cause complaints, from any other Tenant or neighbor. Any "mess" created by the Pet shall immediately be cleaned up by Tenant.
This agreement is for the designated Pet only and does not apply to any substitute or additional pet, including offspring, without a new agreement.
Tenant shall be liable to Landlord for all damages or expenses incurred by or in connection with said Pet, and shall hold Landlord harmless for any and all damages or costs in connection with said Pet and shall hold Landlord harmless for same.
House Rules
Premises: 229 Winchester Dr, Goleta CA 93117-1002
Emergency: Flooding or fire—call FIRE DEPARTMENT.
People disturbance, burglary, theft—call SHERIFF.
(Management is not responsible for fire damage or theft of personal property
from demised Premises).
Maintenance:Call Management for ALL maintenance and repairs.
Storage: State law prohibits the use or storage of gasoline, cleaning solvent, or other combustibles in any living unit. No heavy items in attic or on garage rafters.
Plumbing: Drains plugged by Tenant's or guest's carelessness will be repaired at Tenant's expense. DO NOT remove or replace any plumbing fixture without written permission of Landlord.
Garbage disposal and kitchen sink—Run cold water when using the disposal. Do not put grease, coffee grounds, stringy vegetables (corn husks, celery, banana peels), egg shells, seeds, pits, or bones in disposal or sink.
Bathroom
sink and tub—Remove any accumulation of hair from around the drain and put it
in a trash container.
Toilet—DO NOT flush sanitary napkins, tampons, disposable diapers, or hairs
down the toilet.
Kitchen: Counter tops—can be damaged by abrasive detergents or cleansers and bleach type cleaners. Avoid excessive pounding or hitting with sharp objects and use a trivet or hot pad under pans and casseroles.
Walls, etc.: Pictures, Posters, etc.: Use small nails, metal picture hooks or thumb tacks—NO tape, glue, or Molly screws. Install ceiling hooks into ceiling joists—NO toggle bolts. NO stick-on items or wallpaper on walls, doors, cabinets, woodwork, in drawers, or on appliances. This includes stick-on shelf paper. No nails or screws in doors, on visible portions of cabinets, or on woodwork.
Screens: Screens go in and out from the inside. If they are removed from outside, they likely will be damaged and will have to be repaired or replaced at Tenant's expense.
Cleaning: Floors—Please use only water to clean any
'no-wax' flooring—NEVER wax these floors.
Carpets—Management will arrange for cleaning.
Drapes—Most draperies are washable — please ask management. Be careful of
water staining from open windows during rain.
Stoves—continuous-cleaning ovens must not be cleaned with spray or paste oven
cleaners. Never spray exterior with oven cleaner.
Sinks and tubs—clean with a mild NON-ABRASIVE liquid bathroom cleanser. No
Comet or Ajax on fiberglass enclosures—they will permanently streak and etch
the finish.
Garage floor and driveway are to be kept clean of oil, paint, etc. The
undersigned Tenant acknowledges having read the foregoing and received a copy.
Security Deposit Refund Requirements
Premises: 229 Winchester Dr, Goleta CA 93117-1002
SECURITY DEPOSIT will be refunded within twenty-one days after termination of tenancy when the terms of this agreement and the Rental Agreement are honored in all respects. No refund can be made until the Premises have been vacated, cleaned, made ready for re-occupancy, and the keys returned to Landlord.
CONDITION ON TERMINATION OF TENANCY: Upon termination of tenancy Tenant shall return the Premises to Landlord in as good order, condition, and repair as when received, ordinary wear and tear excepted, and free of all of Tenant's personal property, trash, and debris. Burns, stains, holes or tears, of any size or kind, in the carpeting, draperies, floors, or walls, among other conditions, do not constitute reasonable wear and tear.
The following items must be clean:
1. Carpeting vacuumed. In addition, carpet will be professionally cleaned if tenancy is in excess of four months or if the carpeting is obviously dirty. Tenant may select a cleaning person/firm with Landlord's approval and pay directly or Landlord will select and deduct the expense from the Security Deposit.
2. All hard surface flooring. No waxing.
3. All cabinets and closets inside and out.
4. Stove (including broiler pans), dishwasher and kitchen sink. Manufacturer's instructions must be followed on continuous cleaning oven (no harsh cleaners). Clean under stove burners, stove hood and its metal filter (soak in a hot solution of detergent).
5. Bathroom fixtures, cabinets, drawers, medicine cabinets, and mirrors. Fiberglass tubs and showers must be cleaned without abrasive cleaners—use a product such as Softscrub on the fiberglass. Chrome fixtures must not be scratched—use a product such as Limeaway to remove mineral deposits. All drains and stoppers clean and free of hair.
6. Woodwork, including doors, washed with soap or detergent (no abrasive cleansers) to remove any dirt or marks.
7. Walls clean and unmarked with picture hangers removed. Holes are not to be filled without written permission of Landlord.
8. Windows washed and screens vacuumed. Damaged screens repaired.
9. Furnace filter cleaned or replaced.
10.Light fixtures. Any burned out or missing light bulbs replaced (including oven).
11.Refrigerator (if present) clean interior with mild detergent, no scouring. Vacuum cooling coils at rear or bottom.
12.Garage cleaned of all refuse. Garage floor, driveway, and patio swept. Garage floor and driveway free of rust and oil stains caused by Tenant.
13.Gutters cleaned of leaves, downspouts unclogged.
14.Yard weed-free. Lawn cut, watered, and as weed-free and in as good condition as at the time of move-in. Damaged or missing plants replaced. Any Bermuda grass must be removed.
15.All keys returned to Landlord. Those not returned will be charged for at replacement cost plus ten dollars.
Any of the above items left undone will be jobbed out and the expense deducted from the Security Deposit. Excepted from charges will be any conditions noted at move-in and listed separately in writing.
Inventory
Premises: 229 Winchester Dr, Goleta CA 93117-1002
Description Replacement Value
Above items in good, clean condition and working order except as noted.
Property Condition Report
Return to Landlord within five days of move-in.
Premises: 229 Winchester Dr, Goleta CA 93117-1002
New paint July 1997.
New paint September 1999.
Drapes new February 1993.
Closet door has three small patches stripped of paint.
Closet south wall has 2x4 dent.
New paint September 1999.
Tenant: This Property Condition Report is important to you. It is this document that gives you the opportunity to report any defects, damages, or any item that has not been cleaned prior to your move-in. When you move from the Premises described herein, there will be a move-out inspection to determine if any damages were caused by your neglect. Be sure you sign the move-in and move-out inspection report. You will be required to pay for any damages to the Premises caused by your neglect or by your guests. Keep a copy of this form for your protection. Within 15 days after you have moved, you are required to pay for any damages caused by you or your guests or invitees.
Move-in date: _________________Move-out date: _________________
The above property has been received in good, clean, and operational condition except as noted above. The standard of "clean" is that defined under "Security Deposit Refund" page of the Rental Agreement.