California Residential Lease Agreement

CALIFORNIA RESIDENTIAL LEASE AGREEMENT
(LEASE FOR TERM OR MONTH-TO-MONTH)

THIS LEASE AGREEMENT (“Agreement” or “Lease”) is made and entered into this ______ day of _________________, 20____, by and between ___________________________________________ (“Landlord”) and ___________________________________________ (“Tenant”).  

WHEREAS, Landlord is the fee owner of certain real property in _______________________ County, California, such real property having a street address of ___________________________________________ (“Premises”).

WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and          

WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein;   

NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:     

1.     TERM.  This Agreement shall commence on ________________________ (“Commencement Date”). [check either A or B]:

____ A. Lease for Term. This Agreement shall continue as a lease for a fixed term. The termination date shall be on (date) __________________ at 11:59 PM. Upon the termination date, Tenant shall be required to vacate the Premises unless one of the following circumstances occurs: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new written agreement; (ii) any termination of tenancy shall comply with the Rent Cap and Just Cause Addendum (Cal. Civ. Code §§ 1946.2 and 1947.12), which is incorporated by reference; (iii) a rent-cap or just-cause eviction control under any state or local law mandates otherwise; or (iv) Landlord willingly accepts new Rent from Tenant that does not constitute past-due Rent. In the event that Landlord accepts new Rent, a month-to-month tenancy shall be created. Either party may terminate that month-to-month tenancy by following the procedures in Paragraph 1B. Rent shall continue at the rate specified in this Agreement, or as allowed by law, and all other terms and conditions shall remain in full force and effect.

____ B. Month-to-Month. This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate.  Such notice to terminate must be provided to Landlord at least 30 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 30 days prior to the desired date of termination of the tenancy.  Notices to terminate may be given on any calendar day, irrespective of Commencement Date.

2.    RENT.  Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed by Tenant to Landlord under this Agreement. However, the Security Deposit described in Paragraph 3 shall not be considered Rent. Tenant shall pay to Landlord _____________________________________________________________ DOLLARS ($______________) per month as Rent for the Term of this Agreement. Rent shall be due on the first (1^st) day of each calendar month and shall be considered advance payment for that month. Rent shall not be deemed late until after the third (3^rd) day of the month, consistent with Cal. Civ. Code § 1946.1(b) and any applicable local ordinance. If the Commencement Date is not the first (1st) day of a calendar month, the Rent due on the Commencement Date shall be prorated on a 30-day basis.

Acceptable forms of payment of Rent to Landlord shall be [check all that apply]: ____ personal check, ____ money order, ____ cashier’s check, or ____ other: ________________________________________.  Payment shall be made to Landlord under the following name and address: ___________________________________________.

In the event that any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent in cash for three months, and that all future Rent payments shall be remitted by Tenant to Landlord by money order or cashier’s check.

3.     SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of ___________________________________________ DOLLARS ($________), receipt of which is hereby acknowledged by Landlord, as security during the term hereof. Such security deposit shall have the meaning defined under Cal. Civil Code § 1950(b) and shall be returned to Tenant, without interest, and less any offset in accordance with the following requirements, outlined in § 1950(g), as follows:

No later than 21 calendar days after Tenant has vacated the premises, but not earlier than the time that either Landlord or Tenant provides a notice to terminate the tenancy, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, Landlord shall furnish Tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to Tenant. After either Landlord or Tenant provides notice to terminate the tenancy, Landlord and Tenant may mutually agree to have Landlord deposit any remaining portion of the security deposit electronically to a bank account or other financial institution designated by Tenant. After either Landlord or Tenant provides notice to terminate the tenancy, Landlord and Tenant may also agree to have Landlord provide a copy of the itemized statement along with the copies required under paragraph 3 to an email account provided by Tenant.

A. Along with the itemized statement, Landlord shall also include copies of documents showing charges incurred and deducted by Landlord to repair or clean the premises, as follows:

(i)    If Landlord or Landlord’s agent or employee did the work, the itemized statement shall reasonably describe the work performed. The itemized statement shall include the time spent and the reasonable hourly rate charged.

(ii)   If Landlord or Landlord’s agent did not do the work, Landlord shall provide Tenant a copy of the bill, invoice, or receipt supplied by the person or entity performing the work. The itemized statement shall provide Tenant with the name, address, and telephone number of the person or entity, if the bill, invoice, or receipt does not include that information.

(iii)  If a deduction is made for materials or supplies, Landlord shall provide a copy of the bill, invoice, or receipt. If a particular material or supply item is purchased by Landlord on an ongoing basis, Landlord may document the cost of the item by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit.

B. If a repair to be done by Landlord or Landlord’s agent or employee cannot reasonably be completed within 21 calendar days after Tenant has vacated the premises, or if the documents from a person or entity providing services, materials, or supplies are not in Landlord’s possession within 21 calendar days after Tenant has vacated the premises, Landlord may deduct the amount of a good faith estimate of the charges that will be incurred and provide that estimate with the itemized statement. If the reason for the estimate is because the documents from a person or entity providing services, materials, or supplies are not in Landlord’s possession, the itemized statement shall include the name, address, and telephone number of the person or entity. Within 14 calendar days of completing the repair or receiving the documentation, Landlord shall complete the requirements in paragraph 3 in the manner specified.

The total security deposit shall not exceed two (2) months’ rent for an unfurnished unit or three (3) months’ rent for a furnished unit, in accordance with Cal. Civ. Code § 1950.5(c). Tenant acknowledges the right to request an initial inspection under Cal. Civ. Code § 1950.5(f); the standard notice form (“Initial Inspection Addendum”) is incorporated by reference.

C. The Landlord need not comply with paragraph 3A or 3B if the deductions for repairs and cleaning together do not exceed one hundred twenty-five dollars ($125).

4.     USE OF PREMISES.  The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of ___________________________________________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling.  Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use.   Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

5.     CONDITION OF PREMISES.  Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. Tenant’s acknowledgment that the Premises are in good order does not waive Landlord’s duty to maintain habitability as required by Cal. Civ. Code § 1941.1 et seq.

6.     ASSIGNMENT AND SUB-LETTING.  Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord.  A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license.  An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord’s option, terminate this Agreement.

7.     ALTERATIONS AND IMPROVEMENTS.  Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord.  Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement.

8.     NON-DELIVERY OF POSSESSION.  In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given.  Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date.  In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

9.     HAZARDOUS MATERIALS.  Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 

10.   UTILITIES.  Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. 

11.   MAINTENANCE AND REPAIR; RULES.  Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof.  Without limiting the generality of the foregoing, Tenant shall: 

A.    Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

B.     Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

C.     Not obstruct or cover the windows or doors;

D.    Not leave windows or doors in an open position during any inclement weather; 

E.     Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

F.     Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

G.    Keep all air conditioning filters clean and free from dirt;

H.    Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed.  Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein.  Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;

I.      And Tenant’s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;

J.      Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;

K.    Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;

L.     Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners’ Association having control over them.  

12.   MANDATORY BED BUG DISCLOSURE. In accordance with Cal. Civil Code § 1954.603, Tenant is notified of the following general information about bed bug identification, behavior, and biology.

A. Information about Bed Bugs. (i) Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper-colored. Young bed bugs are very small. Their bodies are about 1/16 of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden. (ii) Life Cycle and Reproduction: An average bed bug lives for about ten months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. (iii) Bed bugs can survive for months without feeding. (iv) Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all. (v) Common signs and symptoms of a possible bed bug infestation: Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls; Molted bed bug skins, white, sticky eggs, or empty eggshells; Very heavily infested areas may have a characteristically sweet odor; Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them. For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.

B. Procedure to Report Suspected Infestations. It is essential that Landlord and Tenant cooperate concerning the prevention and treatment of bed bugs and that Tenant promptly reports any suspected infestations. If Tenant observes suspected activity of bed bugs within the Premises, Tenant shall make every effort to notify Landlord without any delay. Tenant shall notify Landlord in writing by email or at the postal address specified in paragraph 34 (“Notice”) and by telephone.

13.   SERVICEMEMBERS CIVIL RELIEF ACT: Despite any conflicting provisions found in paragraphs 1, 3, or any other part of this Agreement, the Servicemembers Civil Relief Act applies to this Agreement and any attempts to terminate it, as outlined in Sections 3951 and 3955 of the Act.

14.   RENTER’S AND FLOOD INSURANCE; HAZARD NOTICE: In accordance with Cal. Gov’t Code § 8589.45, Tenant is hereby notified that Tenant may obtain information about hazards, including flood hazards, that may affect the property from the Internet Web site of the Office of Emergency Services (myhazards.caloes.ca.gov). Landlord’s insurance does not cover the loss of Tenant’s personal possessions. It is recommended that Tenant consider purchasing renter’s insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss. Landlord is not required to provide additional information concerning the flood hazards to the property, and the information provided pursuant to this section is deemed adequate to inform Tenant. [check either A or B]:

____ A. Landlord has no actual knowledge that the Premises are located in a special flood hazard area or an area of potential flooding; or

____ B. Landlord has actual knowledge that the Premises are located in a special flood hazard area or an area of potential flooding. (Landlord must select this option if Landlord has received written notice from any public agency stating that the Premises are located in a special flood hazard area or an area of potential flooding, the Premises are located in an area in which the Landlord’s mortgage holder requires the Landlord to carry flood insurance, or the Landlord currently carries flood insurance.)

15.   DAMAGE TO PREMISES.  In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder.  The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date.  Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease.  In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.

16.   INSPECTION OF PREMISES.  Landlord and Landlord's agents may enter the Premises only as permitted by Cal. Civ. Code § 1954, after providing at least 24 hours' written notice stating the date, approximate time, and purpose of entry, except in emergencies or with Tenant's consent. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building.  Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time before the expiration of this Lease.   The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.

17.   SUBORDINATION OF LEASE. This Agreement and Tenant’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 

18.   TENANT’S HOLD OVER.  If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at ___________________________________________ DOLLARS ($______________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.

19.   SURRENDER OF PREMISES.  Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.     

20.   PETS.  Unless otherwise provided in Cal. Civil Code § 54.2, Tenant shall keep no animal or pet on or about the Premises without Landlord’s prior written consent, with the exception of: ____________________________________________________
_______________________________________________________________________________________________________.

21.   QUIET ENJOYMENT.  Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant’s performance of all Tenant’s agreements contained herein and Tenant’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 

22.   INDEMNIFICATION.  Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant agrees to indemnify Landlord only to the extent permitted by law, and nothing in this Agreement shall waive or release Landlord from liability for Landlord's own negligence or violation of Cal. Civ. Code § 1953(a)(5).    

23.   DEFAULT.  If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within three (3) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for three (3) days thereafter, Landlord may, at Landlord’s option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement.

24.   LATE CHARGE.  If any payment required under this Agreement is not received within three (3) days after it becomes due, Tenant shall pay to Landlord, in addition to the delinquent amount, a reasonable late fee in the amount of ___________________________________________ DOLLARS ($______________). Any late fee must be reasonable and proportionate to the actual damages suffered by Landlord as a result of the late payment and shall not exceed five percent (5%) of the monthly rent, consistent with Cal. Civ. Code § 1671(c)(2).

25.   ABANDONMENT.  If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord’s option, take possession of the Premises in the manner provided by law, without becoming liable to Tenant for damages or for any payment of any kind. Landlord may, at Landlord’s discretion and as agent for Tenant, relet the Premises, or any part thereof, for all or any portion of the then-unexpired term and may receive and collect all rent payable by virtue of such reletting. Tenant shall remain liable for any difference between the rent that would have been payable under this Agreement for the remainder of the term and the net rent actually realized by Landlord from such reletting. If Landlord exercises its right of re-entry following Tenant’s abandonment, any personal property belonging to Tenant and left on the Premises shall be handled in accordance with Cal. Civ. Code §§ 1983–1991, including delivery of a written Notice of Right to Reclaim Personal Property before disposal. Nothing in this paragraph shall relieve Landlord of the duty to comply with those statutory procedures.

26.   ATTORNEYS’ FEES.  In any action, proceeding, or arbitration arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, including those incurred in enforcing any judgment, pursuant to Cal. Civ. Code § 1717. This provision applies to any effort by Landlord to collect rent or regain possession of the Premises and to any claim or defense asserted by Tenant under this Agreement.

27.   RECORDING OF AGREEMENT.  Tenant shall not record this Agreement on the Public Records of any public office.  In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord’s option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity.

28.   GOVERNING LAW.  This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of California. 

29.   SEVERABILITY.  If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

30.   BINDING EFFECT.  The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

31.   DESCRIPTIVE HEADINGS.  The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

32.   CONSTRUCTION.  The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

33.   NON-WAIVER.  No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant’s duties and liabilities hereunder.

34.   MODIFICATION.  The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.          

35.   NOTICE.  Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

If to Landlord, to:

Name: ________________________________________
Address: ________________________________________
City, State, Zip: ________________________________________

If to Tenant, to:

Name: ________________________________________
Address: ________________________________________
City, State, Zip: ________________________________________

Electronic Delivery (Optional). By providing an electronic mail (email) address below, the parties consent, pursuant to the Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1–1633.17), to the electronic delivery of notices, demands, disclosures, and other communications under this Lease. Any such communication shall be deemed received when sent, provided the sending party does not receive notice of transmission failure. Either party may withdraw consent to electronic delivery by written notice to the other party. This consent does not apply to the service of legal process, notices of default, or notices of termination unless separately agreed in writing.

E-Mail Addresses:
Landlord: ________________________________________
Tenant: ________________________________________

Phone Numbers:
Landlord: ________________________________________
Tenant: ________________________________________ 

36.   JOINT AND INDIVIDUAL OBLIGATIONS. If more than one Tenant signs this Agreement, each one shall be individually and completely responsible for the performance of all obligations of the Tenant under this Agreement, jointly with every other Tenant, and individually, irrespective of whether such Tenant is in possession.

37.   KEYS AND ACCESS DEVICES. Tenant acknowledges receipt of following keys, remote controls, and other access devices:

____ # of sets of keys to the Premises

____ # of mailbox keys

____ # of garage door openers

If the Premises has common areas or facilities, or if the Premises is subject to membership in a homeowner’s association, Tenant acknowledges receipt of following: 

____ # of keys to _____________________________

____ # of remote controls to _____________________________

____ # of fobs to _____________________________

____ # of _____________________________ to _____________________________

Upon termination of the Lease for any reason, Tenant shall return all items specified in this paragraph to Landlord.

38.   DATABASE DISCLOSURE. Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. 

39.   FOREIGN LANGUAGE NEGOTIATION. If Landlord and Tenant have negotiated this Agreement primarily in Chinese, Tagalog, Korean, or Vietnamese, pursuant to the California Civil Code, Landlord shall provide Tenant a translation of this Agreement in the language used for the negotiation.

40.   ADDITIONAL STATUTORY DISCLOSURES:  (select as appropriate if any provision applies)

A.    __X__ Mold and Dampness. Exposure to mold may have potential health risks. Tenant acknowledges receipt of the attached booklet titled, "Information on Dampness and Mold for Renters in California" before signing this Agreement.

B.     _____ Rent Cap and Just Cause Addendum. If selected, the aforementioned addendum shall be considered an attachment and incorporated into this Agreement.

C.     _____ Lead-Based Paint. The Premises were constructed prior to 1978. In accordance with federal law, the Landlord provides and the Tenant acknowledges receipt of the disclosures on the attached form and the federally approved pamphlet concerning the hazards of lead-based paint.

D.    Periodic Pest Control.

_____ The Landlord has entered into a contract for regular pest control treatment of the Premises and will provide the Tenant with a copy of the notice originally given to the Landlord by the pest control company.

_____ The Premises is a house, and the Tenant is responsible for maintaining regular pest control treatment.

E.     _____ Methamphetamine Contamination. Prior to signing this Agreement, Landlord has given Tenant a notice that a health official has issued an order prohibiting occupancy of the property because of methamphetamine contamination. A copy of the notice and order are attached.

F.     _____ Residential Environmental Hazards Booklet. Tenant acknowledges receipt of the residential environmental hazards booklet.

G.    _____ Military Ordinance Disclosure. (If applicable and known to Landlord) Premises are located within one mile of an area once used for military training, and may contain potentially explosive munitions.

H.    _____ Death on the Premises. An occupant of the Premises died on the Premises in the last three years.

I.      _____ Security Deposit Interest. If the Premises are located in a jurisdiction that requires the payment of interest on the Security Deposit (including but not limited to San Francisco, Berkeley, Los Angeles, and West Hollywood), Landlord shall pay Tenant interest on the Security Deposit at the rate and in the manner required by the applicable local ordinance. Interest shall accrue from commencement of the tenancy and shall be paid or credited to Tenant as provided by local law. Nothing in this paragraph shall require payment of interest if the Premises are located in a jurisdiction where no such requirement exists. 

41.   LANDLORD’S DISCLOSURE OF DETECTORS. Landlord represents that the Premises are equipped with smoke and carbon monoxide detectors compliant with Health & Safety Code § 17926 et seq. Tenant shall immediately notify Landlord of any malfunction.

42.   ADDITIONAL PROVISIONS, OTHER MATERIAL FACTS, DISCLOSURES:
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
[Landlord should note above any other material facts or  disclosures about the premises that may be required under Federal or California law. One’s death resulting from AIDS, or one’s affliction with AIDS or HIV, is exempt from this requirement, and Landlord is not required to disclose in such cases.]

 

As to Landlord:

LANDLORD (“Landlord”):

Sign: _________________________________________
Print: _________________________________________

LANDLORD (“Landlord”):

Sign: _________________________________________
Print: _________________________________________

 

As to Tenant:

TENANT (“Tenant”):

Sign: _________________________________________
Print: _________________________________________

TENANT (“Tenant”):

Sign: _________________________________________
Print: _________________________________________

TENANT (“Tenant”):

Sign: _________________________________________
Print: _________________________________________

TENANT (“Tenant”):

Sign: _________________________________________
Print: _________________________________________