ROOM #
PHONE:
THIS IS A LEGALLY BINDING AGREEMENT. Read Carefully and sign only after you fully understand everything contained in this agreement.
TERM
The term hereof shall commence on
RENT
Rent shall be payable in advance, upon the first day of each calendar month to owner or his authorized agent. Rent to be paid by one check made payable to Constantin and given to the designated manager or left in the safe designated place. In the event that rent is not paid by the 3rd day of the month during which it is due, Tenant agrees to pay a late charge of $50.00 plus interest at 1 1/2% per month on the delinquent amount. Tenant further agrees to pay $35.00 for each dishonored bank check. Tenant also agrees that if a rent check is returned due to insufficient funds, Owner can require that all subsequent rent be paid by cashier’s check or money order. The late charge period is not a grace period, and Owner is entitled to make a written demand for any unpaid rent on the second day of the rental period. Any unpaid balances remaining after termination of occupancy are subject to 1 1⁄2% interest per month or the maximum rate allowed by law.
UTILITIES
Landlord shall be responsible for the payment of utilities and trash collection.
USE
The premises shall be used exclusively as a private and exclusive residence by the individual on the lease.
HOUSE RULES
Tenant agrees to abide by any and all house rules, whether promulgated before or after the execution thereof, including, but not limited to, rules with respect to noise (nothing that can be heard outside of the room or deemed annoying by roomates), odors, disposal of refuse, animals, parking, and use of common areas. No signs permitted on the building, windows or roof. No loud or disruptive parties allowed. Quiet hours are 24/7. No indoor furniture shall be stored or used outdoors and no room furniture left in common areas. Owner may have such indoor furniture removed from the improper location at the tenant's expense. Tenant agrees to pay owner $50 as additional rent for each violation of stated house rules and must correct violations on a 3 day notice or be subject to eviction. House utilities are not to be used for personal profit activities.
ASSIGNMENT AND SUBLETTING
Tenant shall not assign this agreement or sublet any portion of the premises without prior written consent of the owner.
ORDINANCES AND STATUTES
Tenants shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities not in force, or which may hereafter be in force, pertaining to the use of the premises. Tenant, or a guest, or other person under tenant's control shall not engage in criminal activity, including but not limited to prostitution, criminal street gang activity, assault, battery, vandalism, loud disruptive gatherings, or drug related activity on or near said premises. “Drug related activity" means the unlawful manufacture, sale, possession, distribution, furnishing or use of any narcotic or controlled substance as defined in California Health/Safety code 11300 sections. Tenant acknowledges that the owner reserves the right to inform law enforcement officials and SJSU authorities in the event of a violation of these provisions. Violation of the above provisions shall be a material and irreparable violation of the lease and good cause for eviction and termination of tenancy.
SMOKE DETECTORS
Owner has installed smoke detectors in each bedroom and in certain common areas of the premises. Tenant acknowledges that the devices are installed in good working order. The units have unremovable batteries that have a ten year life span. Tenants shall not tamper with or disengage smoke detectors. Tenants shall test the detectors monthly and notify the owner immediately of any malfunctions.
MAINTENANCE. REPAIRS OR ALTERATIONS
Tenant acknowledges that the premises are in good order and repair unless otherwise indicated herein. Tenant shall, at his own expense, and at all times maintain the premises in a clean and sanitary manner including all equipment, appliances, and furnishings therein and shall surrender the same in termination here of in as good condition as received, normal wear and tear excepted. Tenant is responsible for any damage due to vandalism. Tenant shall be responsible for damages caused by his negligence and that of his family or invitees and guests. Tenants shall not paint, paper or otherwise redecorate or make alterations to the premises without the prior written consent of the owner. Tenants shall use common areas in a manner consistent with their intended use, and shall keep the same free of clutter and debris. Tenants shall not commit any waste upon said premises or any nuisance or act which might disturb the enjoyment of any tenant in the building or neighboring properties. lf property is not maintained in a manner acceptable to the owner, the owner may hire professionals to bring the premises up to acceptable standards. Tenant agrees to pay for such services as additional rent.
ENTRY AND INSPECTION
Owner shall have the right to enter the premises (a) in case of emergency, (b) to make necessary repairs, alterations, improvements, supply necessary or agreed services, exhibit the premises to prospective or actual purchasers, mortgagers, tenants, workmen or contractors and (c) when tenant has abandoned or surrendered the premises. Except under (a) and (c) entry may not be made under other than normal business hours with 24 hours advance notice.
DAMAGES TO PREMISES
If the premises are so damaged by fire or from any other cause as to render them untenantable, then either party shall have the right to terminate this lease as of the date on which such damage occurs, through written notice to the other party to be given within fifteen (15) days after occurrence of such damage; except that should such damage or destruction occur as the result of the abuse or negligence of tenant or its invitees, then owner only shall have the right to termination. Should this right be exercised by either owner or tenant, then rent for the current month shall be prorated between the parties as of the date of the damage occurred and any prepaid rent and unused security deposit shall be refunded to tenant. lf the lease is not terminated then the owner shall promptly repair the premises and there shall be a proportional deduction of rent until the premises are repaired and ready for tenant's occupancy. The proportionate reduction shall be based on the extent to which the making of repairs interferes with tenant's reasonable use of the premises. Owner does not insure tenant's personal property. Owner advises tenant to obtain a renter's insurance policy.
INDEMNIFICATION
Owner shall not be liable for any damage or injury to Tenant, 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 owner, his agents, or his employees. Tenant agrees to hold the owner harmless from any claims for damages, no matter how caused, except for injury or damages for which the owner is legally responsible.
PHYSICAL POSSESSION
lf owner is unable to deliver possession to the premises at the occupancy date on the contract, the owner shall not be liable for any damage caused thereby nor shall this agreement be void or avoidable but the tenant shall not be liable for any rent until possession is delivered. Tenants may terminate this agreement if possession is not delivered within 60 days of the commencement of the term hereof.
SECURITY
The $
DEFAULT
lf tenant shall fail to pay rent when due, or perform any term thereof, after not less than three (3) days written notice of such default given in the manner required by law, the owner, at his option, may terminate all rights of tenant hereunder, unless tenant within said time shall cure such default. if tenant abandons or vacates the property while in default of the payment of rent, the owner 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 owner 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 the owner for the payment of all sums due hereunder, to the maximum extent allowed by law. ln the event of a default by tenant, owner may elect to at any time to terminate all of tenant's rights hereunder and recover from tenant all damages that may incur by reason of the breach of the lease, including the cost of recovering the premises, eviction expense, and the worth at the time of such termination of and of unpaid rent for the balance of the term.
DEPOSIT REFUND
The balance of all deposits shall be refunded within three weeks from the date possession is delivered to the owner, together with a statement showing any charges made against such deposits by the owner. Deposit shall be returned by a single check made payable to Tenant who may pick up the deposit in person or leave a forwarding address.
WAIVER
No failure of the owner to enforce any term shall be deemed a waiver. The acceptance of rent by owner shall not waive his right to enforce any term hereof.
ATTORNEY'S FEES
In any legal action brought by either party to enforce the terms hereof or relating to the demised premises, the prevailing pafi shall be entitled to all costs incurred in connection with such acticin, including a reasonable attorney's fee.
NOTICES
Any notice which either party may give or is required to give may be given by mailing the same to the tenant at the premises or to the owner at the address shown herein or at such other places as may be designated by the parties.
HOLDING OVER
Any holding over after expiration hereof, with the written consent of owner, shall be construed as a month-to-month tenancy in accordance with the terms hereof, as applicable, until either party shall terminate the same by giving the party thirty (30) days written notice.
TERMS AND TIME
Each provision of this Iease performable by tenant shall be construed to be both a covenant and a condition. Time is of the essence of each provision hereof. Whenever required by the context in this lease, the singular number shall include the plural, the neuter gender shall include the masculine and feminine genders and the word “person” shall include corporation, firm, partnership, joint venture or association. Every payment required to be made by the tenant hereunder shall be in addition to and not in substitution for any other payment to be made by the tenant. This instrument contains the entire agreement between the parties and may not be modified orally or in any other manner than by an agreement in writing signed by all parties or their respective successors. The titles of the articles of this lease are part of this lease and shall have no effect upon its construction or interpretation. lf any provision of this lease shall be deemed unenforceable, the remaining provisions hereof shall nonetheless be enforceable.
ACKNOWLEDGEMENT
The undersigned tenants have read the foregoing prior to execution and hereby acknowledge receipt of a copy hereof. The undersigned tenant understands fully the entire contents of this agreement and promises to abide by all that is contained herein.
Tenant
Date
ACCEPTANCE
John or Cleo Constantin
c/o 99 South 9th St or 278 South 10th street San Jose, Ca 95112
Phone 408-460-5221
John/Cleo Constantin or Agent/Representative:
Date:
Note: There may be a need to make minor changes in the agreement in the future. The San Jose Rental Ordinance states that a just cause for eviction is refusal to agree to a similar or new rental agreement.
Tenant acknowledges receipt of copy (Tenant initials
