19
Page 1 of 19 RENTAL AGREEMENT THIS AGREEMENT is effective October 17, 2019, by and between Park Square at Seven Oaks Partners, LLC “Landlord”/Fuller Apartment Homes, Inc. “Agent”, and ________________, “Resident”. IN CONSIDERATION OF THEIR MUTUAL PROMISES, Park Square at Seven Oaks Partners, LLC/Fuller Apartment Homes, Inc. AND RESIDENT AGREE AS FOLLOWS: 1. RENTAL UNIT: Subject to the terms and conditions of this Agreement, Landlord/Agent rents to Resident and Resident rents from Landlord/Agent, for residential use only, the premises located at: 11325 Park Square Drive _____ Bakersfield, CA 93311 2. TERM: The term of this Agreement begins on _________ a fixed term lease ending on midnight, _________ at which time this Lease shall terminate without further notice. Any holding over by the Resident after termination shall entitle the Landlord to initiate legal proceedings to recover possession of the premises. A “month-to-month” tenancy subject to the terms and conditions of this agreement shall be created only if Landlord accepts rent from Resident thereafter, and if so accepted, tenancy may be terminated by Resident after service upon the Landlord of a written 30-day Notice of Termination. Except as prohibited by law, that month-to-month tenancy may be terminated by the Landlord by service upon the Resident of a written 60-day notice of termination of tenancy. However, Civil Code Section 1946.1 provides that “if any tenant or resident has resided in the dwelling for less than one year”, the Landlord may terminate the tenancy by service upon the Resident of a written 30-day notice. A written notice is required at least 30 days prior to Resident’s intention to vacate at the end of the lease term. Resident Initials: ___ ___ ___ ___ ___ 3. RENT: Rent for any partial month shall be prorated at the amount of 1/30 th of the monthly rent per day. On signing this Agreement, Resident shall pay, in advance, for the period of _________ to _________, the sum of $_________ prorated rent and thereafter a monthly rent payment of $_________ and $_________ as prorated High Speed Fiber Optic Internet Access and thereafter a monthly payment of $_________ to be included with rent. Total Pro-Rate Payment of $_________ due prior to the lease start date. Total Monthly Payment of $_________ is due, in advance, on the first day of each month. No cash or personal checks shall be accepted. Cashier’s checks and/or money orders shall be made payable to "Fuller Apartment Homes, Inc.” and be mailed to 11325 Park Square Drive, Bakersfield, CA 93311 or personally delivered to Leia Wedeking, the on-site manager, Monday - Friday between the hours of 9:00 a.m. and 5:00 p.m. and Saturdays between the hours of 10:00 a.m. and 3:00 p.m. Contact Phone Number is (661) 584-4434 and Email is [email protected]. Credit card or ACH payments may be made online at www.parksquareatsevenoaks.com. Rent tendered by a person not listed in this Agreement for Resident(s)' benefit may be accepted without creating any new tenancy. 4. UTILITIES: Resident shall pay for the following utilities commencing at the time of occupancy, furnished to the Premises, including any deposits required: Gas, Electricity, Telephone, Cable – service to be arranged directly with the utilities providers. Water and Sewer – Consumption billed directly through YES Energy Management. See attached addendum. High Speed Fiber Optic Internet Access – flat monthly fee of _________ paid to Fuller Apartment Homes, Inc. in addition to rent. The Provided Internet/Broadband Service is not intended to transport traffic to/from commercial web hosting servers, media servers, public storage or any other commercial Internet-facing content within the resident premises. Landlord/Agent reserves the right to audit Resident’s usage and to suspend Service if it is in violation of this policy. Landlord/Agent shall in no event be liable for any interruption or failure of utility services required to be furnished by Landlord/Agent to the Premises or any damages directly or proximately caused thereby, the only obligation of Landlord/Agent being reasonable diligence in its efforts to restore such services. In the event Landlord/Agent chooses to so modify utility service to the Premises, Landlord/Agent shall give Resident not less than thirty (30) days’ prior written notice SAMPLE

11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 1 of 19

RENTAL AGREEMENTTHIS AGREEMENT is effective October 17, 2019, by and between Park Square at Seven Oaks Partners, LLC “Landlord”/Fuller Apartment Homes, Inc. “Agent”, and ________________, “Resident”.

IN CONSIDERATION OF THEIR MUTUAL PROMISES, Park Square at Seven Oaks Partners, LLC/Fuller Apartment Homes, Inc. AND RESIDENT AGREE AS FOLLOWS:

1. RENTAL UNIT: Subject to the terms and conditions of this Agreement, Landlord/Agent rents to Resident and Resident rents from Landlord/Agent, for residential use only, the premises located at:11325 Park Square Drive _____ Bakersfield, CA 93311

2. TERM: The term of this Agreement begins on _________ a fixed term lease ending on midnight, _________at which time this Lease shall terminate without further notice. Any holding over by the Resident after termination shall entitle the Landlord to initiate legal proceedings to recover possession of the premises. A “month-to-month” tenancy subject to the terms and conditions of this agreement shall be created only if Landlord accepts rent from Resident thereafter, and if so accepted, tenancy may be terminated by Resident after service upon the Landlord of a written 30-day Notice of Termination. Except as prohibited by law, that month-to-month tenancy may be terminated by the Landlord by service upon the Resident of a written 60-day notice of termination of tenancy. However, Civil Code Section 1946.1 provides that “if any tenant or resident has resided in the dwelling for less than one year”, the Landlord may terminate the tenancy by service upon the Resident of a written 30-day notice.A written notice is required at least 30 days prior to Resident’s intention to vacate at the end of the lease term. Resident Initials: ___ ___ ___ ___ ___

3. RENT: Rent for any partial month shall be prorated at the amount of 1/30th of the monthly rent per day. On signing this Agreement, Resident shall pay, in advance, for the period of _________ to _________, the sum of $_________ prorated rent and thereafter a monthly rent payment of $_________ and $_________ as prorated High Speed Fiber Optic Internet Access and thereafter a monthly payment of $_________ to be included with rent. Total Pro-Rate Payment of $_________ due prior to the lease start date.Total Monthly Payment of $_________ is due, in advance, on the first day of each month. No cash or personal checks shall be accepted. Cashier’s checks and/or money orders shall be made payable to "Fuller Apartment Homes, Inc.” and be mailed to 11325 Park Square Drive, Bakersfield, CA 93311 or personally delivered to Leia Wedeking, the on-site manager, Monday - Friday between the hours of 9:00 a.m. and 5:00 p.m. and Saturdays between the hours of 10:00a.m. and 3:00 p.m. Contact Phone Number is (661) 584-4434 and Email is [email protected]. Credit card or ACH payments may be made online at www.parksquareatsevenoaks.com. Rent tendered by a person not listed in this Agreement for Resident(s)' benefit may be accepted without creating any new tenancy.

4. UTILITIES: Resident shall pay for the following utilities commencing at the time of occupancy, furnished to the Premises, including any deposits required:

Gas, Electricity, Telephone, Cable – service to be arranged directly with the utilities providers. Water and Sewer – Consumption billed directly through YES Energy Management. See attached addendum. High Speed Fiber Optic Internet Access – flat monthly fee of _________ paid to Fuller Apartment Homes, Inc. in

addition to rent. The Provided Internet/Broadband Service is not intended to transport traffic to/from commercial web hosting servers, media servers, public storage or any other commercial Internet-facing content within the resident premises. Landlord/Agent reserves the right to audit Resident’s usage and to suspend Service if it is in violation of this policy.

Landlord/Agent shall in no event be liable for any interruption or failure of utility services required to be furnished by Landlord/Agent to the Premises or any damages directly or proximately caused thereby, the only obligation of Landlord/Agent being reasonable diligence in its efforts to restore such services. In the event Landlord/Agent chooses to so modify utility service to the Premises, Landlord/Agent shall give Resident not less than thirty (30) days’ prior written notice

SAMPLE

Page 2: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 2 of 19

of such modification. Disconnection of utilities due to non-payment is a material violation of this Agreement.

Resident shall not use common area utilities (such as water or electricity) for the Resident’s personal use, without prior written permission from the Landlord/Agent.

5. RENT PAYMENT: Landlord/Agent may apply any payment made by Resident to any obligation of Resident toLandlord/Agent notwithstanding any dates or other direction from Resident that accompanies any such payment. Any attemptby Resident to allocate a payment in any other way shall be null and void, including the use or application of a restrictiveendorsement or limitation on any check or other payment. In the event of roommates, or another form of multiple occupancy,Resident understands and agrees that rent shall be paid with a single payment and that it is up to Resident to collect individualchecks or other payments in order to submit a single rent payment. If payment by mail is allowed, Resident bears the risk ofloss or delay of any payment made by mail and Landlord/Agent must receive mailed rent payments on or before the due date,except as otherwise provided by law. In absence of prior written agreement, Landlord/Agent will accept rent payments onlyfrom the Resident. Rent tendered by a Non-Resident shall be deemed rent tendered on behalf of Resident only and not onbehalf of the Non-Resident. Should the Landlord/Agent elect to accept a payment that does not comply with this paragraph,this shall not be construed as a waiver of this provision.

6. LATE FEES AND INSUFFICIENT FUNDS: If rent is paid after the 3rd of the month, there will be a late charge of $25assessed. This late charge does not establish a grace period. The parties agree that this late fee is presumed to be the amountof damage resulting from the late payment of rent. It would be impracticable or extremely difficult to fix the actual damage.This sum represents a reasonable endeavor by the Landlord/Agent to estimate fair average compensation for any loss thatmay be sustained as a result of late payment of rent. Failure to pay the fee is a material breach of this Agreement. By thisprovision, Landlord/Agent does not waive the right to insist on payment of the rent in full on the day it is due. In the eventany payment offered by Resident, or either of them, to Landlord/Agent in payment of rent or any other amount due under thisAgreement is returned for lack of sufficient funds or a closed or nonexistent account, Resident shall pay to Landlord/Agent acharge in the amount of $25.00 for the first returned payment and $35.00 for each subsequent payment returned. Onlycashier's checks, money orders or credit card payments will be accepted after three prior payments have been returned from abanking institution for non-sufficient funds or any other reason and/or as the form of rent payment to cure a Three-DayNotice to Pay Rent or Quit. Once a Three-Day Notice to Pay Rent or Quit is served, Resident is required to make acertified payment in full in order to avoid eviction.

7. CHANGE TO PAYMENT METHOD: The Landlord/Agent may refuse certain payment methods listed in the paragraph entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to Perform Conditions and/or Covenants or Quit, a check passed on insufficient funds or dishonored for any other reason, or a stopped payment and may refuse certain methods for future rent payments thereafter. Notwithstanding the provisions above, the Landlord/Agent may demand or require cash as the exclusive form of payment of rent or security deposit if the Resident has previously attempted to pay the Landlord/Agent with a check drawn on insufficient funds or the Resident has stopped payment on a check, draft, or money order. If the Landlord/Agent chooses to demand or require cash payment under these circumstances, the Landlord/Agent shall give the Resident a written notice stating that the payment instrument was dishonored and informing the Resident that the Resident shall pay in cash for a period determined by Landlord/Agent, and attach a copy of the dishonored instrument to the notice.

8. SECURITY DEPOSIT: Prior to taking possession of the unit, Resident shall deposit with Landlord/Agent the sum of$_________ as and for a security deposit as that term is defined by Section 1950.5 of the California Civil Code.It is expressly understood and agreed that the above deposit is a security deposit only and not a last month's rent, and that Resident(s), may not apply this deposit to rent or to any other sum due under this Agreement. Landlord may withhold from the security deposit only such amounts as are reasonably necessary to remedy Resident defaults including, but not limited to, the following:

(a) Resident’ default in rental payments,(b) to repair damages to the premises (exclusive of ordinary wear and tear) caused by Resident, guests, and other

household members,(c) to clean the premises, if necessary, upon termination of the tenancy in order to return the unit to the same level of

cleanliness it was in at the inception of the tenancy and/or,(d) to remedy future defaults by Resident in any obligation under this Agreement including the obligation to restore,

replace or return personal property or appurtenances, exclusive of ordinary wear and tear.

Within twenty-one (21) days after Resident(s) has/have vacated the Premises, Landlord/Agent shall furnish an itemized written statement of the basis for, and the amount of, any of the security deposit retained by the Landlord/Agent. After either the Landlord/Agent or the Resident provides notice to terminate the tenancy, the Landlord/Agent and Resident may mutually

SAMPLE

Page 3: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 3 of 19

agree to have the Landlord/Agent deposit any remaining portion of the security deposit electronically to a bank account or other financial institution designated by the Resident or to another form or method of return. The Security Deposit and first month’s rent must be paid by Money Order, Cashier’s Check or Credit Card. ACH Payments and Debit Cards may be accepted thereafter.

9. RENTAL UNIT AVAILABILITY: In the event the unit is not available on the move-in date due to a prior Resident holding over, or other cause not within the control of Landlord/Agent, Resident’s damages will be limited to a return of the security deposit, any holding or other deposits and any advance payment of rent.

10. ELECTRONIC RENT PAYMENTS: If Resident pays online or by direct deposit, such payment shall be deemed to come from Resident regardless of the source of the payment. Payment online or by direct deposit may be rejected or returned by Landlord/Agent during the pendency of any legal action, or in anticipation of legal action. Failure or refusal by Resident to cash Landlord/Agent’s rent refund check shall not defeat Landlord/Agent ’s rejection of the rent being refunded.

11. DISCLOSURE OF PERSON(S) AUTHORIZED TO MANAGE THE PERMISES AND INFORMATION FOR SERVICE OF PROCESS AND NOTICES: The following information is provided as required by California Civil Code Section 1962. Agent is authorized to manage the Premises, and is authorized to act for and on behalf of the Landlord for the purpose of service of process and for the purpose of receiving all notices and demands. Service of process, may be made upon the on-site manager, Leia Wedeking, at 11325 Park Square Drive Bakersfield, California 93311, Telephone: (661) 584-4434, Email: [email protected] a person other than Landlord (identified at the beginning of this Agreement) is listed in this paragraph as a person who is authorized to manage the premises, this means the Landlord has contracted with an agent to manage the premises on Landlord’s behalf. Unless otherwise specified in this Agreement, for any obligations Resident has to Landlord, Resident shall tender their performance to the agent identified in this paragraph as the person authorized to manage the premises. For example, if Resident is required to seek Landlord’s written permission before engaging in certain conduct, Resident shall seek such permission from the agent identified in this paragraph as the person authorized to manage the premises. The agent identified in this paragraph as the person authorized to manage the premises is authorized to act for and on behalf of Landlord with respect to all of Landlord's obligations under this Agreement.

12. OCCUPANTS: The Premises are to be used only as a private residence for a total of _____ occupant(s). Only those occupants listed in the Application to Rent are authorized to occupy the Premises. No portion of the Premises shall be sublet nor this Agreement assigned. Any attempted subletting or assignment by Resident(s) shall, at the election of Landlord/Agent, be an irremediable breach of this Agreement and cause for immediate termination as provided herein and by law.

13. GUESTS: Any person who is not listed as an Occupant on this Agreement is a Guest. A Guest may not stay on the premises for more than 10 consecutive days, or a total of 20 days in a 12-month period. At the discretion of Landlord/Agent, Guest(s) who overstay this limit may be required to go through the application process, and if approved, must sign a Rental/Lease Agreement. Resident is responsible for any violation of this Rental/Lease Agreement by Resident’s Guests.

14. USE OF PREMISES: The premises shall be used as a dwelling for residential purposes only and for no other reason. No retail, commercial, or professional use of the premises shall be made, unless such use conforms to applicable zoning laws and the prior written consent of Landlord/Agent is obtained in advance of such proposed use. As a condition for granting such permission, Landlord/Agent may require that Resident obtain liability insurance for the benefit of Landlord/Agent.

15. ASSIGNMENT, SUBLETTING AND TRANSFER: No portion of the premises shall be sublet nor this Agreement assigned. Any attempted subletting or assignment by Resident shall, at the election of Landlord/Agent, be an irremediable breach of this Agreement and cause for immediate termination as provided herein and by law. Resident is prohibited from offering all or part of the premises for short-term rental, such as through AirBNB, VRBO, HomeAway, FlipKey, Couchsurfing, Craigslist or other such sites or any other advertisement or listing service. Any person who is not an Occupant or Resident, who occupies any portion of the dwelling unit, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is not a Guest. This constitutes attempted subletting or assignment under this Agreement. NO ASSIGNMENT, SUBLETTING AND TRANSFER BY RESIDENT.

16. SIGNS: No sign of any kind shall be displayed to the public view on or from any other common area without the prior approval of Landlord/Agent.

17. PROHIBITIONS: Without Landlord/Agent’s prior written permission as an addendum to this Agreement, no pets, pianos, aquariums, waterbeds, outside antennae, fireworks, charcoal burners or other open-flame cooking devices, or liquefied

SAMPLE

Page 4: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 4 of 19

petroleum gas fueled cooking devices (“grills”) or shall be kept or allowed in or about the premises, including any common areas. Resident shall not engage in any of the actions or conduct related to marijuana, that are otherwise permitted under Health and Safety Code 11362.1, on the premises. Resident shall refrain from shaking or hanging clothing, curtains, rugs, and other coverings and cloths outside of any window ledge or balcony. No clotheslines or drying racks may be used in outdoor areas, balconies, patios, etc. without the Landlord/Agent’s prior written permission. Plants and other items may not be placed on balcony railings or ledges, unless Landlord/Agent has expressly agreed otherwise in writing in an addendum to this Agreement.

18. PETS: No animal or other pet (except service animals for the disabled) shall be kept on or about the Premises without theprior written consent of Landlord/Agent.

19. LARGE APPLIANCES: Resident shall not move or remove any large appliances provided by Landlord/Agent without priorwritten consent of the Landlord/Agent. Resident shall not install or operate any additional refrigerators, freezers, washingmachines, clothes dryers, portable dishwashers, air conditioners or other large appliances not provided by the Landlord,without prior written consent of the Landlord/Agent.

20. QUIET ENJOYMENT: Resident shall be entitled to quiet enjoyment of the Premises. Resident and Resident’s guest(s)shall not violate any criminal or civil law, ordinance or statute in the use and occupancy of the premises, commit waste ornuisance, annoy, molest or interfere with any other person on the property, or neighbor. Any such action may result in theimmediate termination of this Agreement as provided herein and by law. Resident shall refrain from creating, or allowing tobe created, any noise that is disturbing to other residents. Resident is also responsible for compliance with any local noiseordinances.

21. PARKING: Resident agrees to provide Landlord/Agent with the current license number of all vehicles to be parked on thePremises. Resident agrees to use assigned carport/garage and/or parking space specifically assigned to Resident for thestorage of operable vehicles only. All apartments are assigned one reserved parking space and additional parking isprovided as available. Only one passenger vehicle or motorcycle may be parked in each space. Resident shall only useassigned parking spaces and shall ensure that guests park only in unassigned areas or designated guest parking areas.Resident may not use any parking space for recreational vehicles, boats, busses, trailers or similar non-passenger vehicles.The parking area may not be used for storage without prior written permission. Resident may not use any parking space towash or repair vehicles, to change oil in vehicles or for any purpose other than parking.

Resident agrees to move the vehicle and cooperate fully with the Landlord/Agent so that any repairs or alterations to parkingor other areas can be made in as expeditious and efficient a manner as possible.

Resident shall ensure that posted and designated fire zones or “No Parking” areas remain clear of vehicles at all times.Resident shall refrain from parking in unauthorized areas or in another resident’s designated parking space. It is understoodthat guest-parking spaces are not to be used by Resident, and are reserved for the use of guests only. Vehicles parked inunauthorized areas or in another resident’s space may be towed away at the vehicle Landlord’s expense. A $50 fine will beassessed to any resident that parks or has a guest park in another resident’s assigned parking space. Once a residentreports an illegally parked car it will be towed immediately. Only currently registered vehicles may be parked on theproperty. A vehicle that lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipmentnecessary to operate safely on the highways, is subject to tow under California Vehicle Code 22658. Vehicles parked inviolation of local laws/ordinance are subject to tow.

22. SMOKING PROHIBITION: Smoking of any substance is prohibited everywhere on the premises, including in individualunits and interior and exterior common areas. Smoking includes the use of e-cigarettes or vaping. The term “smoke”includes vapor from e-cigarettes or other vaping devices. By initialing as provided, Resident(s) acknowledge receipt of theSmoke-Free Addendum attached hereto. Resident Initials: ___ ___ ___ ___ ___

Resident shall inform his or her guest(s) of this Smoking Prohibition. Resident shall promptly notify Landlord/Agent inwriting of any incident where smoke is migrating into Resident’s unit from sources outside of Resident’s unit. Residentacknowledges that Landlord/Agent’s adoption of this policy, does not make the Landlord/Agent the guarantor of theResident’s health or of the Lease Agreement smoke-free condition of the areas listed above. However, Landlord/Agent shalltake reasonable steps to enforce this provision. Landlord/Agent shall not be required to take steps in response to smokingunless Landlord/Agent has actual knowledge or has been provided written notice. Landlord/Agent and Resident agree that theother residents of the property are the third-party beneficiaries of this provision. A resident may sue another resident toenforce this provision but does not have the right to evict another resident. Any lawsuit between residents regarding thisprovision shall not create a presumption that the Landlord/Agent has breached this Agreement. A breach of this provision by

SAMPLE

Page 5: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 5 of 19

the Resident shall be deemed a material breach of the Rental/Lease Agreement and grounds for immediate termination of the Rental/Lease Agreement by the Landlord/Agent.

23. TOWING: It is understood that the following vehicles will be towed at Resident’s expense:(a) Resident’s vehicles parked in guest spaces or in any other place on the Premises not designated as Resident's parking

space.(b) Abandoned or inoperable vehicles. Vehicles not moved for ten consecutive days shall be deemed abandoned.

Vehicles with flat tires, broken windows, sprung hoods, copious oil leaks or other non-roadworthy condition shall bedeemed inoperable.

24. TOBACCO DAMAGE: Resident acknowledges that the damage caused by smoking tobacco products is considered abovenormal wear and tear and will damage surfaces and fixtures including carpet, carpet pad, wallboard, window coverings andceilings. Depending on the severity of the damage, costs for restoration of the unit may include, but are not limited to,cleaning, sealing, painting, deodorizing, and possible replacement of fixtures and various surface materials.

25. LIABILITY FOR PACKAGES: Landlord/Agent is not responsible for the delivery, acceptance or receipt of, damage to orloss of messages, packages, mail or other material left at entrances to the premises or elsewhere on the premises.

26. ACCESS CHARGES: Resident should take care not to lock himself/herself out of the Premises. If Landlord/Agent isrequired to assist any Resident in gaining entry to the Premises, Resident may be assessed a charge for the actual costs,including out of pocket expenses, incurred by Landlord/Agent and Landlord/Agent may require Resident to contract with aprofessional locksmith.

27. KEYS: One Key Fob will be provided to each Resident named on this Rental Agreement. A key replacement fee will becharged for any lost keys. $50 for key fob, $25 for door key and $25 for mail key. Keys to the premises are the exclusiveproperty of Landlord. All keys must be returned to Landlord when Resident vacates. Resident shall be charged for the cost ofnew locks and keys if all keys are not returned. In the event that any keys to the premises or the building are lost orconsigned, Resident shall be liable for the entire cost of all key and lock replacement, at the discretion of Landlord, asrequired for the security of the Premises. Resident should take care not to lock himself/herself out of the Premises. IfLandlord is required to assist any Resident in gaining entry to the Premises, Resident may be assessed a charge for the actualcosts, including out of pocket expenses, incurred by Landlord and Landlord may require Resident to contract with aprofessional locksmith.

28. PLUMBING: Cost of repair or clearance of stoppages in waste pipes or drains, water pipes or plumbing fixtures caused byResident’s negligence or improper usage are the responsibility of the Resident. Resident shall reimburse Landlord/Agent forthese costs on demand.

29. FINES AND PENALTIES: Resident is responsible for any fines or other costs occasioned by violations of the law byResident or Resident’s guests on the premises or property while Resident is in possession. If any such fines or costs are leviedagainst Landlord/Agent, Resident agrees to pay such fines or costs attributed to Resident’s tenancy or the conduct ofResident, Resident’s guests or others at the premises, upon receipt of an invoice from Landlord/Agent. The obligation to payfines and costs assessed against Landlord/Agent may be in addition to any assessed directly against Resident.

30. REPAIRS AND ALTERATIONS: Resident shall make a written request to Landlord/Agent regarding any repairs,decorations or alterations contemplated. Except as provided by law, no repairs, decorating or alterations shall be done byResident without Landlord/Agent’s prior written consent. This includes, but is not limited to, painting, wallpapering, andchanging locks. Resident may not make any alterations to cable or telephone inside wiring (such as may occur whenchanging telecommunications providers or adding phone lines) without prior written consent of the Landlord/Agent. Theconsent request regarding proposed alterations to inside wiring shall include the name, address, and telephone number of anynew telecommunications providers. Resident agrees to pay all costs resulting from the alteration and agrees to pay to theLandlord/Agent any costs associated with restoring the inside wiring to the condition at the time of move-in, except forreasonable wear and tear. Resident shall hold Landlord/Agent harmless and indemnify Landlord/Agent as to any mechanic’slien recordation or proceeding caused by Resident.

31. ACCEPTANCE OF PREMISES: Resident acknowledges that Resident has inspected premises, furnishings and equipment,including carpets, drapes, and paint, and have found them to be in good, safe and clean condition and repair, except asotherwise noted on the "Move In/Move Out Itemized Statement" which Resident agrees to complete and return a copythereof to Landlord/Agent no later than 3 days after taking possession of said Premises, a copy of which Residentshereby acknowledges receipt, and which is hereby deemed to be incorporated into this Agreement by this reference. Allplumbing, heating and electrical systems are operative and deemed satisfactory. Resident agrees to (a) keep the Premises in

SAMPLE

Page 6: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 6 of 19

good order and repair, and, upon termination of Residency, to return the Premises to Landlord/Agent in a condition identical to that which existed when Resident took occupancy, except for ordinary wear and tear, (b) immediately notify Landlord/Agent of any defects or dangerous conditions in and about the Premises of which they become aware, and (c) reimburse to Landlord/Agent, on demand by Landlord/Agent, for the cost of any repairs to the Premises damaged by Resident, or their guests or invitees. Resident Initials: ___ ___ ___ ___ ___

32. CARE, CLEANING AND MAINTENANCE: Except as prohibited by law, Resident agrees:(a) to keep the premises as clean and sanitary as their condition permits and to dispose of all rubbish, garbage and other

waste, in a clean and sanitary manner, unless Landlord/Agent has expressly agreed otherwise in writing in anaddendum to this Agreement. Resident shall ensure that large boxes are broken apart before being placed in trashcontainers. Resident shall be responsible, at Resident’s expense, for hauling to the dump those items too large to fit inthe trash containers. Resident shall not dispose of any flammable liquids, rags or other items soaked with flammableliquids or any other hazardous material in trash containers or bins;

(b) to properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as theircondition permits;

(c) to keep the premises and furniture, furnishings and appliances, and fixtures, which are rented for Resident’s exclusiveuse, in good order and condition; that all rooms on the premises and all appliances and fixtures on the premises mustbe able to be used for their intended purpose(s);

(d) that all rooms on the premises and all appliances and fixtures on the premises must be able to be used for theirintended purpose(s);

(e) not to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or thefacilities, equipment, or appurtenances thereto or to permit any person on the premises, to do any such thing;

(f) to occupy the premises as a residence, utilizing portions thereof for living, sleeping, cooking or dining purposes onlywhich were respectively designed or intended to be used for such purposes.

(g) to leave the premises in the same condition as it was received, subject to normal wear and tear, as its conditionpermits.

(h) to return the premises, upon move-out to the same level of cleanliness it was in at the inception of the tenancy.(i) to pay Landlord/Agent for costs to repair, replace or rebuild any portion of the premises damaged by the Resident,

Resident’s guests or invitees.(j) to promptly advise Landlord/Agent of any items requiring repair, such as locks or light switches. Resident shall notify

the Landlord/Agent of any leaks, drips, water fixtures that do not shut off properly, including, but not limited to, atoilet, or other problems with the water system, including, but not limited to, problems with water-saving devices.Resident shall make repair requests as soon after the defect is noted as is practical.

(k) to keep doors and windows and access to them unobstructed and to not block them with personal items or otherwise,and to maintain clear pathways into and through each room on the premises. Resident must not otherwise maintain theunit in a manner that prevents necessary access through each room and to all doors and windows, inhibits necessaryairflow, acts as a potential haven for pests and mold growth, creates a fire hazard, or prevents rooms from being usedfor their intended purposes.

33. STORAGE PROHIBITIONS: Resident agrees to keep the interior of the Premises clean at all times and free from damageand clutter. It is understood that no items are to be left or stored outside of the Premises or on the balconies or patios.Resident agrees to keep any and all items (including but not limited to mops, brooms, rugs, toys, and waste containers) insidethe Premises or in the storage space provided. Resident shall refrain from storing gasoline or other flammable liquids in theunit.

34. POOL AREA AND USE: Resident understands that the pool and spa area is for the exclusive, private use of residents onlyand that a maximum of two guests per resident are permitted to use this area ONLY when accompanied by resident. Residentagrees to abide by all regulations set forth by management relative to the use of the pool and spa area and all posted signage.By initialing as provided, Resident(s) acknowledge receipt of the Pool/Spa Rules Addendum attached hereto.Resident Initials: ___ ___ ___ ___ ___

35. LANDSCAPING: Resident is not responsible for the upkeep of the yard and maintenance of the landscaping, includingwatering, mowing, weeding and clipping. Resident shall promptly advise Landlord/Agent of any problems with thelandscaping, including, but not limited to, dead grass, plants or tree limbs, insect infestations, discolored or yellowing foliageand insufficient irrigation or leaks. Resident may not delegate the responsibilities of this paragraph to any person, including acontractor or other landscaping professional. Resident may not alter the landscaping, or engage in “personal agriculture”without Landlord/Agent’s prior written permission.

36. PEST CONTROL/FUMIGATION/EXTERMINATION: Resident understands and agrees that Landlord/Agent hascontracted with a registered structural pest control company to provide pest control services to the Premises on a periodic

SAMPLE

Page 7: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 7 of 19

basis. Resident hereby acknowledges that Resident has been given written notice (Notice of periodic application of pesticides by pest control operator) regarding the use of said pesticides on the Premises as provided for under Section 8538 of the Business and Professions Code and Section 1940.8 of the California Civil Code. Upon demand by Landlord/Agent, Resident shall temporarily vacate the Premises for a reasonable period to allow pest or vermin control work to be done. Resident shall comply with all instructions, forthwith, from the pest controller, fumigator, and/or exterminator regarding the preparation of the Premises, including the proper bagging and storage of food, perishables and medicine.Resident Initials: ___ ___ ___ ___ ___

37. TEMPORARY RELOCATION: If requested by Landlord/Agent, Resident agrees to temporarily vacate the Premises for areasonable period and for a reasonable purpose, including fumigation, Premises testing/inspection, or repairs. Resident mustcomply with all instruction necessary to prepare the Premises for fumigation, testing/inspection or repair. If Resident isrequired to vacate, Resident will be entitled only to an abatement of rent equal to the per diem rent for the period thatResident is required to vacate the Premises, and only if Resident is not provided with alternate housing.

38. SMOKE DETECTION DEVICE: The premises are equipped with a functioning smoke detection device(s), and Residentshall be responsible for testing the device weekly and immediately reporting any problems, maintenance or need for repairs toLandlord/Agent. If battery operated, Resident is responsible for changing the detector’s battery as necessary. Resident maynot disable, disconnect or remove the detector. Landlord/Agent shall have a right to enter the premises to check and maintainthe smoke detection device as provided by law.

39. CARBON MONOXIDE DETECTION DEVICE: If the premises are equipped with a functioning carbon monoxidedetection device(s), Resident shall be responsible for testing the device weekly and immediately reporting any problems,maintenance or need for repairs to Landlord/Agent. If battery operated, Resident is responsible for changing the detector’sbattery as necessary. Resident may not disable, disconnect or remove the detector. Landlord/Agent shall have a right to enterthe premises to check and maintain the carbon monoxide detection device as provided by law.

40. WAIVER OF BREACH: The waiver by either party of any breach shall not be construed to be a continuing waiver of anysubsequent breach. The receipt by Landlord/Agent of the rent with the knowledge of any violation of a covenant or conditionof this agreement shall not be deemed a waiver of such breach. No waiver by either party of the provisions herein shall bedeemed to have been made unless expressed in writing and signed by all parties to this Agreement.

41. JOINT AND SEVERAL LIABILITY: The undersigned Resident(s), whether or not in actual possession of the premises,are jointly and severally liable for all obligations under this Agreement and shall indemnify Landlord/Agent for liabilityarising prior to the return of possession to the Landlord/Agent for personal injuries or property damage caused or permittedby Resident(s), their guests, and invitees. This does not waive “Landlord/Agent’s duty of care” to prevent personal injury orproperty damage where that duty is imposed by law.

42. POSSESSION: The failure of Resident to take possession of the Premises shall not relieve them of their obligation to payrent. In the event Landlord/Agent is unable to deliver possession of the Premises to Resident for any reason not withinLandlord/Agent's control, including but not limited to failure of prior occupants to vacate as agreed or required by law, orpartial or complete destruction of the Premises, Landlord/Agent shall not be liable to Resident, except for the return of allsums previously paid hereunder by Resident to Landlord/Agent, in the event Resident chooses to terminate this Agreement asa result of Landlord/Agent's inability to deliver possession.

43. RENTERS INSURANCE: In the event Premises are damaged by fire or other casualty covered by insurance,Landlord/Agent shall have the option either to (1) repair such damage and restore the Premises, this Agreement continuing infull force and effect, or (2) give notice to Resident(s) at any time within thirty (30) days after such damage terminating thisAgreement as of a date to be specified in such notice. In the event of the giving of such notice, this Agreement shall expireand all rights of the Resident(s) pursuant to this Agreement shall terminate. Landlord/Agent shall not be required to makeany repairs or replacements of any property brought onto the Premises by Resident(s). Resident agrees to accept financialresponsibility for any damage to the Premises from fire or casualty caused by Resident's negligence.

Resident’s property is not insured by Landlord/Agent. Landlord/Agent strongly recommends that Resident obtaincoverage for Resident’s personal property to protect against personal injury and property damage, including lossesfrom theft, fire, smoke, water damage, and vandalism throughout the duration of the tenancy. Resident is not a co-insured and is expressly excluded from coverage under any insurance policy held by Landlord/Agent which is now in effector becomes effective during the term of this Agreement. Resident Initials: ___ ___ ___ ___ ___

44. ENTRY AND COOPERATION: California law allows Landlord/Agent or their employee(s) to enter the premises forcertain purposes during normal business hours. The Landlord/Agent will provide written notice to the Resident prior to the

SAMPLE

Page 8: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 8 of 19

entry of the dwelling unit whenever required by state law. (Civil Code Section 1954.) Resident’s non-compliance with Landlord/Agent’s lawful request for entry is a material breach of this Agreement that may be cause for immediate termination as provided herein and by law. If the Premises or the Building is required by any government agency, lender or insurer to undergo repairs or alterations, or in case of other necessary or agreed repairs, Resident agrees to cooperate fully with Landlord/Agent so that all such repairs or alterations are made in as expeditious and efficient a manner as possible.

Law permits entry in case of emergency, to make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, to test smoke detectors, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors or to make an inspection pursuant to subdivision (f) of Civil Code 1950.5, when the Resident has/have abandoned or surrendered the Premises and pursuant to court order. Landlord/Agent will serve Resident with written notice before entry unless:

Entry is due to an emergency, surrender or abandonment of the unit, or Resident and Landlord/Agent agree orally to an entry to make agreed repairs or supply agreed services at an

approximate day and time within one week of the oral agreement, or To exhibit the unit to prospective or actual purchasers of the property, provided that Landlord/Agent has notified

Resident in writing within 120 days of the oral notice that the property is for sale and that Resident may be contactedto allow for an inspection.

45. MOVE-OUT OBLIGATIONS: At the time Resident moves out, Resident must (a) give Landlord/Agent all of Resident’skeys and other opening devices to the Premises and common areas; (b) surrender the Premises to Landlord/Agent empty ofall personal property and persons; (c) vacate all parking and storage spaces, if any; (d) deliver the Premises toLandlord/Agent in the same condition as received, reasonable wear and tear excepted; (e) clean the Premises, includingprofessional carpet cleaning, to the level of cleanliness as received; (f) and give Landlord/Agent written notice ofResident’s forwarding address. At termination of the tenancy, Landlord/Agent reserves the right to remove anyimprovements installed by Resident, whether or not Landlord/Agent authorized the improvements, at Resident’s expense.

46. BREACH OF LEASE: In the event that Resident breaches this Lease Agreement, Landlord/Agent shall be allowed atLandlord/Agent’s discretion, but not by way of limitation, to exercise any or all remedies provided Landlord/Agent byCalifornia Civil Code Section 1951.2 and 1951.4. Damages Landlord/Agent “may recover” include the worth at the time ofthe award of the amount by which the unpaid rent for the balance of the term after the time of award, or for any shorter periodof time specified in the Lease Agreement, exceeds the amount of such rental loss for the same period that the Resident provescould be reasonably avoided.

47. DEFAULT BY RESIDENT: Resident’s performance of each of Resident’s obligations under this Agreement is a conditionas well as a covenant. Resident’s right to continue in possession of the leased Premises is conditioned upon suchperformance. Time is of the essence in the performance of all covenants and conditions. Resident shall be in material defaultunder the Agreement in the following circumstances; (a) If Resident abandons or vacates the Premises, (b) If Residents failsto pay rent or any other charges required to be paid by Residents, as and when due and the failure to pay rent continues forthree (3) days after written notice has been given to Resident, (c) If Resident fails to perform any of Resident’s non-monetaryobligations under this Agreement for a period of three (3) days after written notice from Landlord/Agent, or (d) Residenthas/have supplied any false or misleading information on a rental application or similar instrument. Once a Three-DayNotice to Pay Rent or Quit is served, Resident(s) required to make a certified payment in full in order to avoideviction.

48. REMEDIES: On the occurrence of any such material default by Resident, Landlord/Agent may, at any time thereafter, withor without notice or demand and without limiting Landlord/Agent in the exercise of any right or remedy whichLandlord/Agent may have: (a) Terminate Resident right to possession of the Premises by any lawful means, in which casethis Agreement shall terminate and Resident shall immediately surrender possession of the Premises to Landlord/Agent. Insuch event Landlord/Agent shall have the immediate right to re-enter and remove all persons and property in accordance withCalifornia law; and Landlord/Agent shall be entitled to recover from Resident all damages incurred by Landlord/Agent byreason of Resident’s default, including (i) worth at the time of the award of all rent, and other charges which were earned orwere payable at the time of termination; (ii) the worth at the time of the award of the amount by which the unpaid rent, andother charges which would have been earned or were payable after termination until time of the award exceeds the amount ofsuch rental loss that Resident proves could have been reasonably avoided; (iii) the worth at the time of the award of theamount by which the unpaid rent, and other charges which would have been payable for the balance of the term after the timeof award exceeds the amount of such rental loss that Resident proves could have been reasonably avoided; and (iv) any otheramount necessary to compensate Landlord/Agent for all the detriment proximately caused by Resident’s failure to performResident obligations under the Agreement or which in the ordinary course of things would be likely to result there from,including, but not limited to, any costs or expenses incurred by Landlord/Agent in connection therewith and any move-inconcessions granted to Resident at the beginning of tenancy.

SAMPLE

Page 9: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

49. DESTRUCTION OF OR DAMAGE TO THE PREMISES: In the event the premises are partially or totally damaged ordestroyed by fire or other cause, the following will apply:

(a). If the premises are totally destroyed by fire, earthquake or other casualty, this Agreement will terminate, as of the date on which the damage occurs. However, if the damage or destruction is the result of the negligence of the Resident, or his or her invitees, then the Agreement will not terminate, unless notice is given by the Landlord/Agent, specifying the termination date.

(b). If the premises are only partially damaged, or are temporarily uninhabitable, as determined by Landlord/Agent, Landlord/Agent will use due diligence to begin the process to repair such damage and restore the premises as soon as possible. If only part of the premises cannot be used, there will be a proportionate reduction of rent until the premises are repaired, to be determined solely by Landlord/Agent.

50. SALE OF PROPERTY: In the event of the sale or refinance of the property: If Landlord/Agent presents to Resident CAAForm 2.3 - Resident’s Certification of Terms - Estoppel Certification, or other similar form, Resident agrees to execute anddeliver the form acknowledging that this Agreement is unmodified and in full force and effect, or in full force and effect asmodified with the consent of Landlord/Agent, and stating the modifications, within ten (10) days of written notice. Failure tocomply shall be deemed Resident’s acknowledgement that the form as submitted by Landlord/Agent is true and correct andmay be relied upon by any lender or purchaser.

51. NOTICE: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is madeavailable 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 orthe community of residence and ZIP Code in which he or she resides. Please be advised that the law prohibits landlords fromdiscriminating against persons whose names are listed on the Megan's Law website.

52. CREDIT REPORTS: A negative credit report reflecting on your credit history may be submitted to a credit reportingagency if you fail to fulfill the terms of your credit obligations. Resident expressly authorizes Landlord/Agent (including acollection agency) to obtain Resident’s consumer credit report, which Landlord/Agent may use if attempting to collect pastdue rent payments, late fees, or other charges from Resident, both during the term of the Agreement and thereafter.

53. HAZARD NOTICE: Pursuant to Government Code Section 8589.45, Resident may obtain information about hazards,including flood hazards, that may affect the property from the Internet Web site of the Office of Emergency Services athttp://myhazards.caloes.ca.gov/. The Landlord’s insurance does not cover the loss of the Resident’s personal possessions andit is recommended that the Resident consider purchasing renter’s insurance and flood insurance to insure his or herpossessions from loss due to fire, flood, or other risk of loss. The Landlord is not required to provide additional informationconcerning the flood hazards to the property and the information provided pursuant to this section is deemed adequate toinform the Resident.

(Check box if applicable) The property is located in a special flood hazard area or an area of potential flooding.

54. SEVERABILITY CLAUSE: If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding,such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative andbinding on the Parties.

55. MANDATORY BED BUG NOTICE: California law requires all Landlords/Agents to provide specific information aboutbed bugs to their Residents. By initialing as provided, Resident(s) acknowledge receipt of the Bedbug NotificationAddendum attached hereto. Resident Initials: ___ ___ ___ ___ ___

56. ENTIRE AGREEMENT: This Agreement, which includes all attachments referred to above, constitutes the entireAgreement between the parties and cannot be modified except in writing and signed by all parties, except as permitted byapplicable law. Neither Landlord/Agent, nor any agent or employee of Landlord/Agent has made any representations orpromises other than those set forth herein.

57. ATTORNEYS' FEES: If any legal action or proceeding is brought by either party to enforce any part of this Agreement, theprevailing party shall recover, in addition to all other relief, reasonable attorneys’ fees and court costs.

The undersigned Resident(s) acknowledge(s) having read and understood the foregoing, and receipt of a duplicate original.

The undersigned expressly understand(s) that the Section entitled “TERM” above contains provisions under which this Lease may automatically continue as a tenancy from month-to-month upon the expiration of the term hereof.

Page 9 of 19

SAMPLE

Page 10: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 10 of 19

The undersigned Resident(s) acknowledge(s) having read and understood the foregoing:

Park Square at Seven Oaks by Fuller Apartment Homes, Inc.Landlord Leia Wedeking, Agent for Landlord Date11325 Park Square Drive Individual Signing Management Co.Bakersfield, CA 93311 For Landlord

SAMPLE

Page 11: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

WATER AND SEWER SUBMETERING ADDENDUM: DISCLOSURE OF RESIDENT’S FINANCIAL RESPONSIBILITY FOR WATER and SEWER CHARGES

This document is an Addendum and is part of the Rental/Lease Agreement, dated October 17, 2019, by and between Park Square at Seven Oaks Partners, LLC “Landlord”/Fuller Apartment Homes, Inc. “Agent”, and ____________, “Resident” for the premises located at: 11325 Park Square Drive ______ Bakersfield, CA 93311

1. Water SubmeterThe above-described premises are equipped with a water submeter. As required by California law, Resident will be billed for water service separately from the rent. The location of the submeter for this unit is in the water heater closet.

2. Sewer per UnitProvider’s bills for sewer service for the property are divided equally among all rentable and occupied units to obtain a per unit charge for sewer service, which amount represents the approximate per apartment unit cost incurred by Owner.

3. Estimated Water BillThe estimated monthly bill for water service for dwelling units at the property is $26.57. This estimate is based on (check one):

The average or median bill for water service for comparative dwelling units at the property over any three of the past six months.

The average indoor water use of a family of four, and all other monthly charges that will be assessed. The average family of four uses about 200 gallons of water each day.

4. Due Date and Payment Procedures.The water service bill is due on the 1st day of each and every month, beginning on _________. The bill must be paid to the person specified, and using one of the payment methods (e.g., check, money order) required, for the payment of rent under the Rental/Lease Agreement. The bill will be sent to Resident by YES Energy Management, a third-party billing provider. Resident acknowledges that the billing provider is not a public utility. Landlord/Agent reserves the right to change the third-party billing provider at any time. Any disputes related to the computation of Resident’s bills will be between the Resident and the Landlord/Agent.

Resident must make payment in full to Landlord/Agent or the utility billing company of the utility charges prior to the due date listed on each bill. Landlord/Agent and Resident agree that the actual cost to Landlord/Agent and/or utility billing company when Resident fails to pay the utility bill on time is difficult or impossible to ascertain, but the parties agree that Landlord/Agent and/or utility billing company does, in the event of a late payment, incur certain costs, such as additional bookkeeping and administrative charges, additional charges from the billing provider, costs in printing and mailing late notices, lost opportunity costs of the payment, etc.

Failure to pay any of said charges shall be considered a material breach of the lease agreement and Landlord/Agent shall have the right to commence legal proceedings against Resident and all occupants including but not limited to an unlawful detainer action to recover possession of the premises. Upon termination or expiration of the lease agreement, unpaid bills may be deducted from Resident’s security deposit, and for such purpose Landlord/Agent and Resident agree that the charges described in this addendum are considered additional rent. Upon a Resident’s request, Landlord/Agent shall provide a copy of Landlord/Agent’s utility bills along with all utility bills sent to residents. Landlord/Agent may estimate usage in the event that submeter reads cannot be obtained.

5. Contact for Water Service Billing QuestionsQuestions regarding the water service billing should be directed to: YES Energy Management Customer Service | Email: [email protected] | Toll-free Phone: 1-833-704-1225 | Hours: 24 Hours/7 Days a week.

6. Information Available on Request Landlord/Agent shall provide information upon Resident’s request: (1) the calculations used to determine a monthly bill, (2) the date the submeter was last certified for use, and the date it is next scheduled for certification (if known).

Resident shall pay for water and sewer service based on water consumed in Resident’s unit. Specifically, Resident’s bills will be calculated as follows: A water submeter is installed in the Resident’s unit to measure the total amount of water used in the unit. Water and sewer bills will be calculated by multiplying the submetered usage by a utility rate based on the utility rates of the local utility provider (which may include base or fixed charges). Resident acknowledges that the rates paid for water and sewer service may not match the rate of the local water utility (as that rate may not be appropriate to charge to an individual unit), but that the rates used are designed in a manner to allocate Landlord/Agent’s actual water and sewer costs to the apartment units.

All water and sewer related charges assessed to the Landlord/Agent may be used to calculate the amount charged to each Resident under the selected formula described above, including, but not limited to, stormwater charges, water or sewer related charges contained on tax bills, and all miscellaneous charges contained on the utility bills received from the local water and sewer providers.

Page 11 of 19

SAMPLE

Page 12: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 12 of 19

The billing methods described herein may be changed by Landlord/Agent by providing Resident with prior 30 day written notice and Resident acknowledges that in certain situations it is necessary to make a change to the billing method.

7. Allowable Charges The monthly bill for water service may only include the following charges:

a. Payment due for the amount of usage as measured by the submeter and charged at allowable rates in accordance with CivilCode Section 1954.205(a).

b. Payment of a portion of the fixed fee charged by the water purveyors for water service.c. A fee for the landlord’s or billing agent’s costs in accordance with Civil Code Section1954.205(a)(3).d. Any late fee, with the amounts and times assessed, in compliance with Civil Code Section 1954.213. A late fee of up to

seven dollars ($7) may be imposed if any amount of a water service bill remains unpaid after 25 days following the dateof mailing or other transmittal of the bill. If the 25th day falls on a Saturday, Sunday, or holiday, the late fee shall not beimposed until the day after the first business day following the 25th day. A late fee of up to ten dollars ($10) may beimposed in each subsequent bill if any amount remains unpaid.

e. The monthly bill for water service will only include the following charges: (1) payment due for the amount of usage asmeasured by the sub meter and charged at allowable rates, (2) fixed fee charged by the water purveyors for water service,(3) a fee that is the lesser of $4.75 or 25% of your water and sewer bill.

8. Malfunctioning Water FixturesResident shall notify the Landlord/Agent of any leaks, drips, water fixtures that do not shut off properly, including, but not limited to, a toilet, or other problems with the water system, including, but not limited to, problems with water-saving devices. Landlord/Agent is required to investigate, and, if necessary, repair these problems within 21 days, otherwise, the water bill will be adjusted pursuant to law. Notice of leaks, drips, and/or water fixtures that do not shut off properly must be provided to: Park Square at Seven Oaks | Address: 11325 Park Square Drive, Bakersfield, CA 93311 |Email: [email protected] | Office Phone: (661) 584-4434| Hours: Monday-Friday 9AM–5PM and Saturday 10AM–3PM.

9. Inaccurate or Malfunctioning Submeter If Resident believes that the submeter reading is inaccurate or the submeter is malfunctioning, Resident shall first notify the person specified in paragraph 7 and request an investigation. If an alleged submeter malfunction is not resolved by Landlord/Agent, Resident may contact the local county sealer and request that the submeter be tested. Contact information for the local county sealer of weights and measures: Kern County Commissioner Glenn Fankhauser | Address: 1001 S Mount Vernon Ave, Bakersfield, CA 93307-2857 | Email: [email protected] | Office Phone: (661) 868-6300 | Hours: Monday-Friday 8AM–5PM

10. Additional Information This disclosure is only a general overview of the laws regarding submeters and the laws regarding submeters that can be found at Chapter 2.5 (commencing with Section 1954.201) of Title 5 of Part 4 of Division 3 of the Civil Code, available online or at most libraries.

11. DeliveryThe monthly bill will be mailed each month directly to Resident address, emailed to Resident email address registered with the Landlord and uploaded to the Resident portal document section. If Resident wishes to stop paper mail and only receive an email copy, Resident may request this via email to [email protected] and electronic consent agreement will be sent to the Resident for confirmation.

The undersigned Resident(s) acknowledge(s) having read and understood the foregoing.

Park Square at Seven Oaks by Fuller Apartment Homes, Inc.Landlord Leia Wedeking, Agent for Landlord Date11325 Park Square Drive Individual Signing Management Co.Bakersfield, CA 93311 For Landlord

SAMPLE

Page 13: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 13 of 19

NOTICE OF PERIODIC APPLICATION OF PESTICIDES BY PEST CONTROL OPERATORCalifornia law requires that a Landlord/Agent of a residential dwelling unit provide each new tenant a copy of the notice provided by a registered pest control company if a contract for periodic pest control service has been executed. The premises you are renting, or the common areas of the building are covered by such a contract for regular pest control service, so you are being notified pursuant to the law. The following notice is provided by the pest control company:

SAMPLE

Page 14: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 14 of 19

ADDENDUM TO RENTAL AGREEMENT OR LEASEBED BUG ADDENDUM

THIS ADDENDUM is effective October 17, 2019, by and between Park Square at Seven Oaks Partners, LLC “Landlord”/Fuller Apartment Homes, Inc. “Agent”, and ____________________, “Resident” for the premises located at 11325 Park Square Drive _______ Bakersfield, CA 93311.

It is our goal to maintain the highest quality living environment for our Residents. The Landlord/Agent has inspected the unit prior to lease and knows of no bedbug infestation. Residents have an important role in preventing and controlling bed bugs. While the presence of bed bugs is not always related to personal cleanliness or housekeeping, good housekeeping will help control the problem by identifying bed bugs, minimizing an infestation, and limiting its spread. It is important to underscore that travelers are mainly responsible for the transfer of bed bugs.

Resident agrees to maintain the premises in a manner that prevents the occurrence of a bedbug infestation in the premises. Resident agrees to uphold this responsibility in part by complying with the following list of responsibilities:

1. Previous Infestations A Resident shall not bring onto a property personal furnishings or belongings that the Resident knows or should

reasonably know are infested with bed bugs, including the personal property of the Resident’s guests.

2. Prompt Reporting If you find or suspect a bed bug infestation, please notify Landlord/Agent immediately, and describe any signs of

infestation, so that the problem can be addressed promptly. Please do not wait. Even a few bugs can rapidly multiply tocreate a major infestation that can spread from unit to unit.

Report any maintenance needs immediately. Bed bugs like cracks, crevices, holes, and other openings. Request thatall openings be sealed to prevent the movement of bed bugs from room to room.

If you suspect a bedbug infestation, or have other maintenance needs, please provide your notice to:[email protected] or via work order thru the resident portal.

3. Information about Bed Bugs 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 aninch 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 placeto place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stayhidden.

Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs perday. Bed bugs grow to full adulthood in about 21 days.

Bed bugs can survive for months without feeding. 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 redwelts caused by the bites will not be noticed until many days after a person was bitten, if at all.

Common signs and symptoms of a possible bed bug infestation: Small red to reddish brown fecal spots on mattresses, box springs, bed frames, 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 Websites of the United States Environmental Protection Agency and the National

Pest Management Association. http://www2.epa.gov/bedbugs http://www.pestworld.org/all-things-bed-bugs/

SAMPLE

Page 15: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 15 of 19

4. Cooperation with Pest Control Landlord/Agent will provide notice of intent to enter as specified in Civil Code §1954, Resident shall cooperate with

the inspection including allowing entry to inspect any unit selected by the pest control operator until bed bugs have beeneliminated and providing to the pest control operator information that is necessary to facilitate the detection andtreatment of bed bugs. When occupied units are inspected by a licensed pest control operator, Landlord/Agent will notifytenants within two business days of receiving the pest control operator’s findings. When infestations are found incommon areas, the Landlord/Agent will provide the notice to all tenants.

Prior to treatment, affected Residents will receive a written notice including the date(s) and time(s) of treatment,whether and when the Resident is required to be absent from the unit, the deadline for Resident preparation of the unitand a pretreatment checklist with information provided by the pest control operator.

The Resident shall fulfill his or her responsibilities for unit preparation before the scheduled treatment, as described inthe pest control operator’s pretreatment checklist.

Residents shall be responsible for the management of their belongings, including, but not limited to, clothing andpersonal furnishings.

If the pest control operator determines that it is necessary for an Landlord/Agent or Resident to dispose of items infestedwith bed bugs, the items shall be securely sealed in a bag that are of a size as to readily contain the disposed material.Bags shall be furnished as needed to Residents by the property Landlord or pest control operator. All bags shall beclearly labeled as being infested with bed bugs prior to disposal.

Residents who are not able to fulfill their unit preparation responsibilities shall notify the Landlord/Agent at least onebusiness day prior to the scheduled PCO visit for inspection or treatment.

A Resident must vacate his or her unit if required by the pest control operator for treatment purposes and shall notreenter the unit until directed by the pest control operator to do so.

If your unit (or a neighbor’s unit) is infested with bed bugs, a pest management professional may be called in toapply pesticides. The treatment is more likely to be effective if your unit is properly prepared. Resident shall complywith the recommendations from the pest management professional, including: Removing all bedding (bed skirts too), drapes, curtains, and small rugs; bag these for transport to the laundry or dry

cleaner. Checking mattresses carefully; those with minimal infestation may be cleaned, encased in vinyl covers, and

returned to service. Heavily infested mattresses are not salvageable; seal these in plastic and dispose of themproperly.

Emptying dressers, nightstands, and closets. Remove all items from floors and surfaces. Inspect every item forsigns of bed bugs. Using sturdy plastic bags, bag all clothing, shoes, boxes, toys, stored goods, etc. Bag washableand non- washable items separately. Take care not to tear the bags, and seal them well. Used bags must be discardedproperly.

Vacuuming floors, including inside closets. Pay special attention to corners, cracks, and dark places. Vacuuming all furniture, including inside drawers and nightstands. Vacuum mattresses, box springs, and

upholstered furniture, being sure to remove and vacuum all sides of loose cushions, as well as the undersides offurniture.

Carefully removing vacuum bags, sealing bags in plastic, and discarding. Cleaning all machine-washable bedding drapes, clothing, etc. Use the hottest water the machine provides, and

dry at highest heat setting. Take other items to a dry cleaner, but be sure to advise the dry cleaner that the items areinfested. Discard any items that cannot be decontaminated.

Moving furniture toward the center of the room, so that technicians can easily treat carpet edges where bed bugscongregate, as well as walls and furniture surfaces. Be sure to leave easy access to closets.

5. Prevention Recommendations: Resident shall check for hitch-hiking bed bugs. If you stay in a hotel or another home, inspect your clothing, luggage,

shoes, and belongings for signs of bed bugs before you enter your apartment. Check backpacks, shoes, and clothing aftervisits to friends or family, theaters, or after using public transportation. After guests visit, inspect beds, bedding, andupholstered furniture.

Thoroughly clean after guests have departed. Immediately after your guests leave, seal bed linens in plastic bags, untilthey can be washed and dried on high heat. After your guests have departed, inspect bedding, mattresses and box springs,behind headboards, carpet edges and the undersides of sofa cushions for signs of bed bugs.

Resident shall avoid using appliances, electronics and furnishings that have not been thoroughly inspected for thepresence of bedbugs. Make sure that the electronics, appliance, or furniture company has established procedures for theinspection and identification of bedbugs or other pests. This process should include inspection of trucks used to transport

SAMPLE

Page 16: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 16 of 19

appliances, electronics, or furniture. Never accept an item that shows signs of bedbugs. Never take discarded items from the curbside.

Resident shall cover mattresses and box springs with zippered covers that are impermeable to bed bugs. These arerelatively inexpensive, and can prevent bed bugs from getting inside the mattress, their favorite nesting spot. The coverswill also prevent any bugs inside from getting out; they will eventually die inside the sealed cover (though this may takemany months). Thicker covers will last longer.

Resident shall remove clutter. Bed bugs like dark, concealed places, such as in and around piles of clothing, shoes,stuffed animals, laundry, especially under the bed and in closets. Reducing clutter also makes it easier to carry outhousekeeping.

Resident shall keep the unit clean. Vacuum and dust regularly, particularly in the bedroom, being especially thorougharound and under the bed, drapes, and furniture. Use a brush attachment to vacuum furniture legs, headboard, and in andaround the nightstand. While cleaning, look for signs of bed bugs, and report these immediately.

Resident shall arrange furniture to minimize bed bug hiding places. If possible, keep beds and upholstered furnitureseveral inches away from the walls.

6. Resident agrees to indemnify and hold harmless the Landlord/Agent from any actions, claims, losses, damages, andexpenses, including, but not limited to, attorney's' fees that the Landlord/Agent may sustain or incur as a result of thenegligence of the Resident or any guest or other person living in, occupying, or using the premises.

The undersigned Resident(s) acknowledge(s) having read and understood the foregoing:

Park Square at Seven Oaks by Fuller Apartment Homes, Inc.Landlord Leia Wedeking, Agent for Landlord Date11325 Park Square Drive Individual Signing Management Co.Bakersfield, CA 93311 For Landlord

Note: For information about bedbug identification and infestation, please visit: http://www.cdph.ca.gov/HealthInfo/discond/Documents/bedbugsbite.pdfSAMPLE

Page 17: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 17 of 19

ADDENDUM TO RENTAL AGREEMENT OR LEASESMOKE-FREE ADDENDUM

THIS ADDENDUM is effective October 17, 2019, by and between Park Square at Seven Oaks Partners, LLC “Landlord”/Fuller Apartment Homes, Inc. “Agent”, and ________________, “Resident” for the premises located at 11325 Park Square Drive _______ Bakersfield, CA 93311.

1. Purpose of Smoke-Free Policy: The Landlord/Agent desire to mitigate (i) the irritation and known adverse health effects ofsecondhand smoke; (ii) the increased maintenance, cleaning, and redecorating costs from smoking; (iii) the increased risk of firefrom smoking; and (iv) the higher costs of property insurance for a non-smoke-free building.

2. Definitions: “Smoke” or “Smoking” means inhaling or exhaling smoke, aerosol, or vapor from any lighted or heated cigar,cigarette, pipe, electronic delivery device, or any other natural or synthetic tobacco or plant product. “Smoke” or “Smoking” alsoincludes burning or possessing any lighted or heated cigar, cigarette, pipe, electronic delivery device, or any other natural orsynthetic tobacco or plant product intended for inhalation. “Electronic delivery device” means any product that can be used todeliver aerosolized or vaporized nicotine, lobelia, or any other substance to the person inhaling from the device, including, but notlimited to, an e-cigarette, e-cigar, e-pipe, or vape pen.

3. Smoking Policy: Smoking of any substance is prohibited on the entire property. This addendum does not authorize the useof marijuana in any form on the premises. Resident agrees and acknowledges that the premises to be occupied by Residentand members of Resident’s household have been designated as a smoke-free living environment. Resident, members ofResident’s household, and any guests under control of the Resident will not smoke anywhere in or on the:

• Unit rented by Tenant, including any associated balconies, decks, or patios;• Common areas of the property, including, but not limited to, lobbies, hallways, stairwells, community rooms, community

bathrooms, or offices; or• Grounds of the property, including, but not limited to, entryways, pool areas, walking paths, or sitting areas.

Resident Initials: ___ ___ ___ ___ ___

4. Resident to Promote Smoke-Free Policy and Alert Landlord of Violations: Resident shall inform his or her guest(s) of thesmoke-free policy. Resident shall promptly notify Landlord/Agent in writing of any incident where smoke is migrating intoResident’s unit from sources outside of the Resident’s unit. Resident Initials: ___ ___ ___ ___ ___

5. Landlord/Agent Not Guarantor of Smoke-Free Environment: Resident acknowledges that Landlord/Agent’s adoption ofSmoke-Free Policy, does not make the Landlord/Agent the guarantor of the Resident’s health or of the smoke-free condition ofthe areas in which smoking is prohibited. However, Landlord/Agent shall take reasonable steps to enforce this addendum.Landlord/ Agent shall not be required to take steps in response to smoking unless Landlord/Agent has actual knowledge or hasbeen provided written notice.

6. Other Residents Are Third Party Beneficiaries of this Addendum: Landlord/Agent and Resident agree that the otherresidents of the property are the third-party beneficiaries of this Addendum. A resident may sue another resident to enforce thisAddendum but does not have the right to evict another resident. Any lawsuit between residents regarding this Addendum shallnot create a presumption that the Landlord/Agent has breached this Addendum.

7. Effect of Breach: A breach of this Addendum by the Resident shall be deemed a material breach of the Rental/Lease Agreementand grounds for immediate termination of the Rental/Lease Agreement by the Landlord/Agent.

SAMPLE

Page 18: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 18 of 19

8. Disclaimer: Resident acknowledges that this Addendum and Landlord/Agent’s efforts to designate the premises as smoke-freedo not in any way change the standard of care that the Landlord/Agent would have to any Resident household to render buildingsand premises designated as non-smoking any safer, more habitable, or improved in terms of air quality than any other rentalpremises. Landlord/Agent specifically disclaims any implied or express warranties that the building common areas or Resident'spremises will have any higher or improved air quality standards than any other rental property. Landlord/Agent cannot and doesnot warrant or promise that the Rental Premises or any other portion of the property including common areas will be free fromsecondhand smoke. Resident acknowledges that Landlord/Agent’s ability to police, monitor or enforce this Addendum isdependent in significant part on voluntary compliance by Resident and Resident’s guests.

9. Damage to the Unit: Resident acknowledges that the damage caused by smoking is considered above normal wear and tear andwill damage surfaces and fixtures, including, the carpet, carpet pad, wallboard, window coverings and ceilings. Depending on theseverity of the damage, costs for restoration of the unit may include, but are not limited to, cleaning, sealing, painting,deodorizing, and possible replacement of fixtures and various surface materials.

10. Effect on Current Tenants: Resident acknowledges that current residents of the rental community under a prior Rental/LeaseAgreement will not be immediately subject to the terms of this Addendum. As residents move out, or enter into new Rental/LeaseAgreements, this Addendum will become effective for their unit or new agreement.

The undersigned Resident(s) acknowledge(s) having read and understood the foregoing:

Park Square at Seven Oaks by Fuller Apartment Homes, Inc.Landlord Leia Wedeking, Agent for Landlord Date11325 Park Square Drive Individual Signing Management Co.Bakersfield, CA 93311 For LandlordSAMPLE

Page 19: 11325 Park Square Drive SAMPLE - cdngeneral.rentcafe.com · entitled “RENT,” above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to

Page 19 of 19

POOL/SPA RULES ADDENDUMThis document is an Addendum and is part of the Rental/Lease Agreement, dated October 17, 2019, by and between Park Square at Seven Oaks Partners, LLC “Landlord”/Fuller Apartment Homes, Inc. “Agent”, and _______________, “Resident” for the premises located at: 11325 Park Square Drive _____ Bakersfield, CA 93311

1. The Pool/Spa is to be used only between the hours of9:00 A.M. and 10:00 P.M Sunday through Thursday and 9:00 A.M.and 11:00 P.M. Friday and Saturday.

2. The Pool/Spa are reserved exclusively for use of Residents of the building, Occupants listed on the Rental/Lease Agreementand their guests. Guests must be accompanied by a Resident or Occupant when using the pool. Maximum of two guests perresident are permitted to use the Pool/Spa ONLY when accompanied by resident.

3. As provided by California law, children under the age of fourteen (14) shall not use the pool without an adult in attendanceand unsupervised use of the Spa by children under the age of 14 is prohibited.

4. No food may be served or eaten in or around the Pool/Spa area(s) at any time without Landlord/Agent’s consent.Refreshments must be served in unbreakable containers.

5. No alcoholic beverages shall be served or consumed in or around the Pool/Spa area at any time. No person under theinfluence of alcoholic beverages is permitted in or near the Pool/Spa.

6. Running and jumping, “horseplay”, fighting, boisterous or dangerous conduct, and/or any noisy behavior disturbing to theother residents, is forbidden in or around the Pool/Spa.

7. To protect the enjoyment of the pool, spa and pool area by all Residents, the use of radios, music players and other music ornoise amplifying devices of any type is prohibited in the pool area unless used with appropriate earphones.

8. Residents and their guests are required to be properly attired at all times, going to and from and in or around the Pool/Spaarea.

9. Showering is required prior to using the Pool/Spa. Those using the Pool/Spa shall dry themselves off before leaving the Poolor Spa area.

10. Residents and guests will place their own towels over Pool/Spa furniture when using suntan oil or other lotions.11. No toys, inner tubes or any other objects whatsoever will be allowed in the Pool/Spa at any time.12. Safety equipment is not to be used except in case of emergency.

The undersigned Resident(s) acknowledge(s) having read and understood the foregoing.

Park Square at Seven Oaks by Fuller Apartment Homes, Inc.Landlord Leia Wedeking, Agent for Landlord Date11325 Park Square Drive Individual Signing Management Co.Bakersfield, CA 93311 For Landlord

SAMPLE