Terms and Conditions Agreement
DEFINITIONS: Whenever the term "Landlord" is used, it shall mean La Jolla Pacific Management, who is the owner/manager/agent of the Premises. Whenever the term "Tenant" or "Tenants" is used, it referred to a person or business who rents or leases the property, it shall include any family, visiting friends, dependents, guests, employees, or other invitees of the Tenant/s.
NAMES: This agreement is between La Jolla Pacific Management, as Landlord, and the Tenant/s on the first date of the lease. Each Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement. The occupancy of the Premises shall be limited to the individuals listed on the lease agreement and any children born to the Tenants listed on the lease.
ADDRESS: The Landlord rents the Premises located at the full address specified on the lease agreement to the Tenant/s for residential purposes only.
TERM: The Tenant/s shall lease the Premises for the calendar period starting on the move-in date specified on the lease agreement and ending on the move-out date specified on the lease agreement. If neither the Landlord nor the Tenant elects to terminate the lease at the end date (with 30-day advanced written notice), then the lease will continue on a month-to-month basis.
RENT: The Tenant/s will pay a monthly rent of $[Monthly Rent] for the Premises. A prorated amount of $[Prorated Rent] is due for the period from the Tenant's move-in date to the end of the first month. In addition, the Tenant/s will pay $[Amount] per month for Pet Rent and $[Amount] per month for Parking. The Tenant/s will also pay a security deposit of $[Security Deposit] before taking occupancy of the Premises.
RECEIPT OF MONEY PAID: The Tenant/s has paid a security deposit of $[Amount]. The Landlord has initialed it.
DUE DATE/LATE FEE: Rent is due on the 1st of each month, and must be paid by the end of the grace period, which is the 5th day of the month. Late payments will incur a $50 late charge plus $25 per day until the rent is paid in full, including late fees and an eviction notice. Dishonored checks will incur an additional $35 charge. Bad health, reduced work hours, job loss, financial emergencies, or other circumstances will not excuse late rent payments. The interest of 18% per year will accrue on any amount due and owing to the Landlord. Failure to pay rent on time may result in an eviction notice and a $75 service fee paid by the Tenant.
PAYMENT OPTIONS: Rent must be paid by check, cashier's check, money order, online, PayPal, or other forms of payment accepted by Buildium. Checks must be made payable to La Jolla Pacific Management.
PAYMENT WEBSITE: Buildium Residential Portal
PAYMENT MAILING ADDRESS: 1804 Garnet Ave #453 San Diego, CA 92109
PARTIAL PAYMENT: Acceptance of partial rent payment does not waive the landlord's right to require immediate payment of the remaining unpaid rent or affect the landlord's rights concerning any unpaid rent.
SECURITY DEPOSIT: The tenant will deposit with the landlord a security deposit of $1,500 to ensure the faithful performance of all terms, conditions, and covenants of the lease. The security deposit will be returned to the tenant within 60 days after the expiration of the lease term, provided the tenant has paid all amounts due and performed all obligations under the lease. The landlord may deduct from the security deposit any amounts owed by the tenant.
FURNISHINGS AND APPLIANCES: Appliances and furnishings supplied with the premises must be kept clean and in good repair. They may not be removed, and any damage is the tenant's responsibility. Landlord makes no representations or warranties as to the existence, physical condition, or suitability of the furnishings for the tenant's intended use.
PREMISE USE: Premises are to be used only as a residence by the tenants who signed the lease. No other person may live at the premises without the landlord's prior written permission. Guests may stay for up to two weeks and must comply with all applicable terms and conditions of the lease. The tenant agrees to comply with all laws and ordinances in connection with the occupancy and use of the premises. No illegal drugs, firearms, smoking, or hazardous activities are permitted.
SUBLETTING: Tenant may not sublease the premises or assign the lease without the prior written consent of the landlord.
PEST CONTROL: Pest control after the first 30 days of the lease is the sole responsibility of the tenant, including prevention and remediation. Tenant must pay for all costs associated with remediating pests from the premises.
MOLD: Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control for mold prevention. The tenant agrees to immediately notify the landlord of any mold/mildew or moisture conditions and relieve the landlord from any liability.
DEFAULT: The Landlord has the right to repossess the premises and recover all unpaid rent, damages, and costs if the Tenant defaults. The tenant must pay interest, attorneys’ fees, and all expenses incurred by the Landlord. Tenant will be responsible for all rent due for the balance of the Lease term, even after eviction.
ABANDONMENT: If the Tenant is absent from the premises and defaults in rent payment, the premises will be considered abandoned. The Landlord will take possession immediately, change all locks, and store Tenant’s personal property items at Tenant’s expense. The Tenant shall indemnify, defend, and hold the Landlord harmless in connection with the storage of the Tenant’s personal property.
DEATH/DISABILITY DURING LEASE: If a Tenant dies before the end of the Lease term, the remaining Tenants shall carry out the terms of the Lease. If the deceased Tenant is the sole Tenant under the Lease, a representative of the deceased Tenant may terminate the Lease with verified written documentation.
UTILITIES: Tenant is not responsible for paying for the following utilities: water, sewer, electricity, gas, heat, air conditioning, garbage, association fees, and any other utility specified.
PLUMBING: Tenant will be held responsible for all costs related to Landlord's repair or maintenance of any plumbing stoppage or slow-down caused by Tenant. Tenant must not place non-approved substances such as cooking grease, sanitary napkins, diapers, children’s toys, or other similar objects that may cause a stoppage. Tenant shall notify Landlord of any plumbing leak or slow drainage within 24 hours. Tenant shall only use a plunger to attempt to fix a slow or stopped drain, and not pour chemical or other drain cleaners into any stopped or slow drains. Tenant shall also be responsible for any plumbing system freeze-ups caused by Tenant’s negligence.
LIABILITY AND RENTERS INSURANCE: The tenant is responsible for obtaining and maintaining the renter's insurance covering their personal property and providing liability coverage to the landlord. Failure to do so will be considered a default of the lease. Tenant must provide proof of insurance within ten days of the lease's commencement and after any renewal or change in insurance coverage.
ACCESS AND SIGNS: The landlord has the right to access the premises for emergencies, inspections, repairs, or other necessary reasons. Tenant must allow access and also permit the landlord to display "For Rent" or "For Sale" signs on the premises. The tenant's request for service or maintenance is considered approval for the landlord's necessary access unless otherwise arranged.
MAINTENANCE: Landlord will maintain the structure, roof, foundation, heating, plumbing, and electrical systems of the premises. However, if damage results from the tenant's act or omission, the tenant will be billed for the repairs. Landlord is not liable for any disruptions or inconvenience to the tenant or any claim that the premises are uninhabitable.
CARE OF THE PREMISES: Tenant must keep the premises in good, neat, and sanitary condition, including keeping personal areas clear of trash and reporting building damage or maintenance issues immediately. The tenant must pay for the cost of necessary repairs resulting from the tenant's actions, and failure to pay will be treated as additional rent payable by the tenant and due immediately.
In addition, the tenant agrees not to affix any structures to the premises without prior written consent, not to use a barbeque grill inside or under any covered area, to maintain the water heater temperature at no more than 120 Degrees Fahrenheit, to give immediate notice of any damage to or within the premises, not to store certain items in or around the premises without prior written consent, and not to park vehicles in the yard of the premises or repair vehicles on the premises except in an enclosed garage.
WINDOWS: Tenant is responsible for replacing broken glass and repairing damaged screens, windows, window frames, sashes, storm windows, and doors. Landlord is not required to supply window screens, door screens, or sliding screen doors. Tenants must use materials solely designed to cover windows such as blinds, mini-blinds, and curtains. If window coverings are provided and the Tenant destroys or damages them, the Tenant will be responsible for replacing them at their own expense, which will be treated as additional rent payable by Tenant and due immediately.
ACCESS FOR REPAIRS: If Tenant does not allow access to the Premises for repairs, the Tenant will be assessed a $100.00 fee due with the following month's rent.
PETS: Tenant must obtain permission from Landlord before moving in any pets. If permission is granted, pets will be subject to additional upfront and/or monthly fees which are non-refundable.
SMOKING: Tenant is not permitted to smoke or use any vapor products on the Premises.
QUIET ENJOYMENT: Tenant is entitled to quiet enjoyment of the Premises subject to all the terms and conditions of the Lease. The tenant may not infringe upon the quiet enjoyment right of other tenants through disturbances.
LAWN: Tenant is not required to maintain the condition of the landscaped areas, including the lawn. If Tenant is responsible for lawn/yard maintenance, such maintenance shall include mowing, watering, edging, and pruning of trees, shrubs, and bushes.
PARKING: Vehicles parked on the Premises must be in working, drivable condition. The tenant may not repair Tenant's vehicles on the Premises if such repairs take longer than one day, unless in an enclosed garage. Vehicles may never be parked in or driven on the yard of the Premises. Landlord does not guarantee the Tenant a street parking spot on the Premises or any property surrounding the Premises.
ALTERATIONS: Tenant must seek prior written permission from Landlord before making any repairs, improvements, or alterations to the premises. Repairs and alterations must comply with local, state, and federal laws.
KEYS AND LOCKOUTS: Landlord will provide Tenant with a key to the premises, and Tenant must provide Landlord with a key if they change the lock. Tenants will be charged $100 for each unauthorized lock change and a $75 lock-out fee if they get locked out of the premises. Tenant must return all keys to Landlord upon vacating the premises, or they will be charged $50 for each unreturned key.
SMOKE AND CARBON MONOXIDE DETECTORS: Tenant must maintain the smoke detectors and carbon monoxide detectors in working order.
MOVE IN: Tenant must notify Landlord, in writing, of any non-functioning appliances and systems within 24 hours of moving in.
MOVE OUT AND CLEANING INSTRUCTIONS: Tenant must give 30-day advance written notice to Landlord if they intend to move out and leave the premises in the same or better condition as when they moved in. Failure to provide notice may result in forfeiture of the entire security deposit.
PREMISES RELOCATION: Tenant may be charged a relocation fee if they desire to relocate to another unit/property owned by Landlord, and Landlord consents to such relocation.
PROPERTIES SUBJECT TO CVMC 9.65: Tenant should refer to California law for rent increase limitations and tenant protections.
NOTICES: Any required notices can be hand-delivered or mailed to the premises, and notice to one Tenant constitutes notice to all Tenants.
ATTORNEY/COLLECTION FEES: Tenant must pay all landlord/agent charges if they become delinquent on rent or fees, including 18% annual interest. Landlord is entitled to recover legal costs and reasonable attorney's fees incurred in enforcing this Lease or applicable laws.
SUBORDINATION: The lease is subordinate to all existing and future mortgages, deeds of trust, and other security interests on the premises.
WAIVER: The failure of the Landlord to insist, in any one or more instances, upon strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant or option, but the same shall continue and remain in full force and effect.
ATTACHMENTS TO THE AGREEMENT: Tenant acknowledges they have received the documents required by Local, State, or Federal Law.
ENTIRE LEASE: The Lease agreement and any attached addendums constitute the entire agreement between parties and can only be changed by a written instrument signed by both Landlord and Tenant.
GOVERNING LAW: The Lease is governed by and construed by the laws of the State in which the Premises is located.
HEADINGS: Section headings or titles in this Lease are for convenience only and shall not be deemed to be part of the Lease.
PRONOUNS: Whenever the terms referred to in the Lease are singular, the same shall be deemed to mean the plural, as the context indicates, and vice versa.
WAIVER OF JURY TRIAL: Landlord and Tenant each waive any right to trial by jury in any litigation or to have a jury participate in resolving any dispute arising out of or concerning this Lease or any other instrument, document, or agreement executed or delivered in connection herewith or the transactions related hereto.
NOTICE OF LANDLORD DEFAULT: In the event of any alleged default in the obligation of Landlord under this Lease, Tenant will deliver to Landlord written notice specifying the nature of Landlord's default, and Landlord will have thirty (30) days following receipt of such notice to cure such alleged default.
COVENANTS, CONDITIONS, AND RESTRICTIONS: This Lease shall be subject to and Tenant shall comply with all recorded covenants, conditions, and restrictions affecting the Premises.