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Rental Agreement
Clause 1. Identification of Landlord and Tenant
This Agreement is entered between _Carlos David Castro Felix & Laura
Sarahy Flores Camarena____(“Tenant”)
and Ming Zhang/ Haitao Wang___________(“Landlord”). Tenant will pay to
Landlord a monthly rent of $3998 per month, payable in advance on the
first day of each month by PayPal. For the first two weeks of tenancy (4/15/2021
– 4/30/2021), a rental fee of $2128 shall be paid by the date Tenant receives a
key.
Clause 2. Identification of Premises
Subject to the terms and conditions in this Agreement, Landlord rents to Tenant,
for residential purposes only, the single house located at 550 Prada Dr Milpitas
CA 95035
Clause 3. Term of the Tenancy
The initial term of the rental will begin on 04/15/2021 , and continue for a
period of _12.5_ months, terminating on 04/30/ 2022. Afterwards, the tenancy
will become month-to-month. If Tenant breaks the lease before the above initial
term is over, Tenant agrees to provide a minimum of sixty (60) days’ notice to
Landlord in writing, also agrees to pay a $3998 early termination fee (in
addition to the rent owed through the notice period).
After the initial term above, either Landlord or Tenant may terminate the tenancy
or modify the terms of this Agreement by giving the other party __30___ days
prior written notice.
Clause 4. Late Charges
Each month, if Tenant fails to pay the rent in full before the end of
the___5th____ day after it's due, Tenant will pay Landlord a late charge of
_10%_of monthly rent. The late charges are in addition to monthly rent. Landlord
does not waive the right to insist on payment of the rent in full on the date it is
due. The parties further agree that the acceptance of this provision will be
conclusive evidence, in any legal proceeding, that calculating actual damage
would be impractical and extremely difficult to fix. Furthermore, the late charges
assessed above, are conclusive evidence in any legal proceeding that it is a
reasonable administrative cost. A fee of __$60__ will be incurred each time the
landlord is required to serve a 3 Day Notice to Pay Rent Or Quit, due to the
Tenant’s failure to pay rent in a timely manner.
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Clause 5. Returned Check and Other Bank Charges
If Tenant’s payment to Landlord is returned or canceled, Tenant will pay Landlord
a fee of $_35__.
Clause 6. Security Deposit
The security deposit is $3998, and is due upon lease signing. Tenant may not
use the security deposit for rent owed during the term of the lease. Landlord may
use the security deposit for the cleaning of the prems, any unusual wear and tear
to the premises or common areas, and any rent or other amounts owed pursuant
to the lease agreement or pursuant to Civil Code Section 1950.5. Within_21
days_ after Tenant has vacated the premises, returned keys and provided
Landlord with a forwarding address, Landlord will return the deposit in full or give
Tenant an itemized written statement of the reasons for, and the dollar amount
of, any of the security deposit retained by Landlord, along with any deposit
balance.
Clause 7. Utilities
Tenants will be responsible for all utilities.
Clause 8. Yard Maintenance
The property’s outdoor sprinkler & drip system will be turned on when tenants
move in. The Tenants are responsible for keeping this outdoor watering system
turned on, and notifying Landlord if the watering system malfunctions or fails to
operate correctly, at any time during the term. Tenants will also be responsible
for keeping the front & back lawns neat.
Clause 9. Assignment and Subletting
Tenant will not sublet any part of the premises nor assign this Agreement without
the prior written consent of Landlord.
Clause 10. Tenant's Maintenance Responsibilities
Tenant will:
a. keep the premises (including the interior, exterior) clean, sanitary and in good
condition and, upon termination of the tenancy, return the premises to Landlord
in a condition identical to that which existed when Tenant took occupancy, except
any additions or alterations authorized in writing by Landlord. Tenant shall be
responsible for any rodent, insect, or issues not caused directly by any defect of
the building structure. Tenant is fully responsible for any liability and cost
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associated with Tenant’s maintenance effort.
b. immediately notifies Landlord of any defects or dangerous conditions in and
about the premises of which Tenant becomes aware.
c. reimburse Landlord, on demand by Landlord, for the cost of any repairs to the
premises damaged by Tenant or Tenant's guests or invitees through misuse,
accident or neglect.
d. Tenant shall be responsible for any fines or inspection fees imposed by a
government office as a result of Tenant failing to notify the Landlord in writing of
a deficiency with the premises.
e. Smoke Detection Device. The premises are equipped with smoke detection
device(s). Tenant acknowledges the smoke detector(s) was tested and its
operation explained by management, in the presence of Tenant, and the
detector(s) in the unit was working properly at the time. Tenant shall test the
smoke detector regularly to determine if the smoke detector(s) is operating
properly, and immediately inform Landlord, in writing, of any malfunction.
f. inform Landlord and all other tenants immediately when any damage occurs.
Tenant is 100% responsible for the damages caused by himself/herself. If the
cause cannot be determined, Tenant will share the cost of the damages with
other tenants by head count. Tenant is responsible for the remediation cost
associated with any lost key or remote control.
g. do not touch or tamper with fire sprinkler heads on the ceiling.
h. do not move or push washer/dryer to avoid damaging the pipes behind.
Clause 11. Repairs and Alterations by Tenant
a. Upon notification by Tenant of any defects or dangerous condition, Landlord
shall make the necessary repairs or alterations in a timely fashion. Provided that
such defect or dangerous condition was not caused by Tenant, Tenant's guests
or invitees through misuse, accident or neglect, Landlord shall be responsible for
the associated costs.
b. Except as provided by law or as authorized by the prior written consent of
Landlord, Tenant will not make any repairs or alterations to the premises,
including repainting. If Tenant decides to perform any maintenance tasks, Tenant
will be totally responsible for the related risks such as health or safety risks or
property damage. If in doubt, Tenant shall contact Landlord for a written consent.
Any new installation requires Landlord’s prior written consent.
c. Unless authorized by law, Tenant will not, without Landlord's prior written
consent, alter, re-key the premises, install or alter any burglar alarm system,
plumbing or electrical devices. Tenant will not duplicate keys of the premises
without Landlord’s written consent.
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Clause 12. Violating Laws and Causing Disturbances
Tenant and guests or invitees will not use the premises or adjacent areas in such
a way as to:
a. violate any law or ordinance, including laws prohibiting the use, possession or
sale of illegal drugs
b. commit waste (severe property damage), or
c. create a nuisance by annoying, disturbing, inconveniencing or interfering with
the quiet enjoyment and peace of any other tenant or nearby resident.
Clause 13. Pets
Dogs & cats are allowed, but require landlord approval first. Otherwise, a $1,000
fine shall be paid by Tenants for each non-approved pet found in the house.
Clause 14. Landlord's Right to Access and Displacement Compensation
Landlord or Landlord's agents may enter the premises in the event of an
emergency, to make repairs or improvements or to show the premises to
prospective buyers or tenants. Landlord may also enter the premises to conduct
inspection to check for safety or maintenance problems. Except in cases of
emergency, Tenant's abandonment of the premises, court order or where it is
impractical to do so, Landlord shall give Tenant__24 hours notice before
entering. Landlord is permitted to make all alterations, repairs and maintenance
that in Landlord’s judgment is necessary to perform. In addition, Landlord has all
right to enter pursuant to Civil Code Section 1954. If the work performed requires
that Tenant temporarily vacate the unit for the night, then Tenant shall vacate for
this temporary period upon being served a__7__ days notice by Landlord.
Tenant agrees that in such event or building disaster caused vacancy, Tenant
will be solely compensated by a corresponding reduction in rent for those many
days that Tenant was temporarily displaced (each day’s rent is calculated by
dividing the monthly rent by the number of days in that month). No other
compensation shall be offered to the Tenant. If the work item to be performed
requires the cooperation of Tenant to perform certain tasks, those tasks shall be
performed upon serving 24 hours notice by Landlord.
Clause 15. Extended Absences by Tenant
Tenant will notify Landlord in advance if Tenant will be away from the premises
for ___14 ___ or more consecutive days. During such absence, Landlord may
enter the premises at times reasonably necessary to maintain the property and
inspect for needed repairs.
Clause 16. Possession of the Premises
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a. Tenant's failure to take possession.
If, after signing this Agreement, Tenant fails to take possession of the premises,
Tenant will still be responsible for paying rent and complying with all other terms
of this Agreement.
b. Landlord's failure to deliver possession.
If Landlord is unable to deliver possession of the premises to Tenant for any
reason not within Landlord's control, including but not limited to partial or
complete destruction of the premises, Tenant will have the right to terminate this
Agreement upon proper notice as required by law. Landlord's liability to Tenant
will be limited to the return of all sums previously paid by Tenant to Landlord.
Clause 17. Smoking
Smoking is not allowed inside of the premises.
Clause 18. Insurances
Tenant should maintain a personal property or renter’s insurance policy to cover
any losses sustained to Tenant’s personal property or vehicle. It is acknowledged
that Landlord does not maintain this insurance to cover personal property
damage caused by fire, theft, rain, water overflow/leakage, earthquake, acts of
God, and/or any other causes. It is acknowledged that Landlord is not liable for
these occurrences. It is acknowledged that tenant’s insurance policy shall solely
indemnify Tenant for any losses sustained. Tenant’s failure to maintain said
insurance policy shall be a complete waiver of Tenant’s right to seek damages
against Landlord for the above stated losses. The parties acknowledge that the
premises are not to be considered a security building which would hold Landlord
to a higher degree of care. Tenant must maintain at all times a health insurance
to cover health needs and injuries.
Clause 19. Abandonment
It shall be deemed a reasonable belief by the landlord that an abandonment of
the premises has occurred, within the meaning of Civil Code Section 1951.2,
where rent has been unpaid for 14 consecutive days and the Tenant has absent
from unit for 14 consecutive days. In that event, Landlord may serve written
notice pursuant to Civil Code Section 1951.2. If Tenant does not comply with the
requirements of said notice in 18 days, the premises shall be deemed
abandoned.
Clause 20. Waiver
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Landlord’s failure to require compliance with the conditions of this agreement, or
to exercise any right provided herein, shall not be deemed a waiver by Landlord
of such condition or right. Landlord’s acceptance of rent with knowledge of any
default under agreement by Tenant shall not be deemed a waiver of such default,
nor shall it limit Landlord’s rights with respect to that or any subsequent right. It is
further agreed between the parties that the payment of rent at any time shall not
be a waiver to any Unlawful Detainer action unless Landlord in writing specifically
acknowledges that this constitutes a waiver to the Unlawful Detainer action.
Clause 21. Validity/Severability
If any provision of this agreement is held to be invalid, such invalidity shall not
affect the validity or enforcement of any other provision of this agreement.
Clause 22. Payment of Court Costs and Attorney Fees
In any action or legal proceeding to enforce any part of this Agreement, the
prevailing party shall recover reasonable attorney fees and court costs not to
exceed __$750_. It is acknowledged between the parties that jury trials
significantly increase the costs of any litigation and require a longer length of time
to adjudicate the controversy. On this basis, all parties waive their rights to have
any matter settled by jury trial.
Clause 23. Notices
Parties agree to communicate through email. Landlord may contact Tenant
through email and/or phone to 714-598-5164 Tenant may contact Landlord
through email and/or phone to mqz116@live.com 408-466-8722. Parties
receiving email shall reply and confirm receipt as soon as possible, within 24hrs
unless such a turn-around becomes impossible under special circumstances.
Parties sending email shall only assume receipt of such email upon confirmation
from the receiver.
Clause 24. Personal Property of Tenant
Once Tenant vacates the premises, all personal property left in the unit shall be
stored by the Landlord for 18 days. If within that time period, Tenant does not
claim said property, Landlord may dispose of said items in any manner Landlord
chooses.
Clause 25. Additional Rent
All items owed under this lease shall be deemed additional rent.
Clause 26. Application
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All statements in Tenant’s application must be true or this will constitute a non-
curable material breach of this lease. Tenant must complete an updated
application, including a census as to the occupants in the unit, upon 7-days
written request of the Landlord.
Clause 27. Landlord Disclosures
Landlord has no knowledge of lead-based paint and/or lead-based paint hazards
in the premises. Landlord has no knowledge of toxic mold hazards in the
premises. Landlord has no knowledge of bed bugs in the premises.
Clause 28. Tenant Acknowledgement
Tenant agrees to promptly notify Landlord in writing of any deteriorated and/or
peeling paint, mold hazards, and bed bugs in the premises.
Clause 29. Condition of Premises
Tenant has examined the premises, including appliances, fixtures, floors, drapery
and paint, and has found them to be in good, safe and clean condition. Any
noticeable defects will be documented in the Walkthrough Inspection sheet.
Tenant promises to keep the premises in a neat and sanitary condition and to
immediately reimburse landlord for any sums necessary to repair any item,
fixture or appurtenance that needed service due to Tenant or Tenant’s invitee,
misuse or negligence. Tenant shall be responsible for the cleaning, repair, or
replacement to any plumbing fixture where a stoppage/ blockage has occurred
due to inappropriate use of the plumbing system, such as allowing obstacles or
grease to drain through the plumbing.
Clause 30. Grounds for Termination of Tenancy
The failure of Tenant or their guests or invitees to comply with any term of this
Agreement is grounds for termination of the tenancy, with appropriate notice to
Tenant and procedures as required by law.
Clause 31. Non-Curable Breach of Rental Agreement
It shall be considered a non-curable breach of this rental agreement, within the
meaning of Code of Civil Procedure 1161 subsection 3, if Tenant has not paid
the rent when due, two times in any 6month period. No notices of these
delinquencies need to be served on the Tenant.
Clause 32. Default
In the event of a default by Tenant, Owner may elect to (a) continue the lease in
effect and enforce all her rights and remedies hereunder, including the right to
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recover the rent as it becomes due, or (b) at any time, terminate all of Tenant’s
rights hereunder, and recover from Tenant all damages he may incur by reason
of the breach of the lease, including the cost of recovering the premises, and
including the worth at the time of such termination, or at the time of an award if
suit be instituted to enforce this provision, of the amount by which the unpaid rent
for the balance of the term exceeds the amount of such rental loss which the
Tenant proves could be reasonable avoided, and any other damages as provided
by law. Pursuant to CC1785.26 Tenant is hereby notified that a negative credit
report reflecting on Tenant’s credit record may be submitted to a credit reporting
agency if Tenant fails to fulfill the terms of this Rental Agreement. All remedies
provided herein are cumulative.
Clause 33. Liability and Indemnification
Tenant acknowledges that the rental unit is in good maintenance and livable
condition, but not specifically designed for physical disability or accessibility.
Except for Landlord’s gross negligence or willful misconduct, Tenant or its guests
shall indemnify, protect, defend and hold harmless the Premises, Landlord and
its associates from and against any and all claims, loss of rents and/or damages,
injuries, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses
and/or liabilities arising out of, involving or in connection with, the use and/or
occupancy of the Premises.
Clause 34. Sex Offender Information
Pursuant to Section 290.46 of the Penal Code, information about specified
registered sex offenders is made available to the public via an Internet Web site
maintained by the Department of Justice at www.meganslaw.ca.gov. Depending
on an offender's criminal history, this information will include either the address at
which the offender resides or the community of residence and ZIP Code in which
he or she resides.
Clause 35. Entire Agreement
This document and any Attachments constitute the entire Agreement between
the parties, and no promises or representations, other than those contained here
and those implied by law, have been made by Landlord or Tenant. Any
modifications to this Agreement must be in writing signed by Landlord and
Tenant. The breach of any of the covenants or terms of this Agreement shall be
deemed to be a material and total breach of this entire Agreement and shall give
rise to all rights of termination. This Agreement shall be binding upon and shall
inure to the benefit of the heirs, administrators, successors and assigns of all the
parties hereto, and all of the parties hereto shall be jointly and severally liable
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hereunder. Any and all monetary obligations pursuant to this contract, including
but not limited to the reasonable cost of conducting a pre-move out inspection,
shall be deemed rent or additional rent.
Additional Agreement from Landlord:
A. Will have Oven installed by 04/13/2021.
B. Will complete the following by 04/13/2021:
1.Paint the walls that have spots & drawn numbers in the dining area and
living room.
2.Clean the side yard and move the grape plants.
3. Move the items from the bottom garage shelf to the top shelf.
4. Repair the shower door in the master bedroom.
5.Remove the furniture from the dining area.
6.Change the light on the cooking fan (replacement bulbs currently not in
stock, so far have no ETA yet so cannot guarantee can be done before
04/13/2021).
If landlord cannot have all things done by 04/13/2021 (except the cooking fan
light), the Landlord shall deduct from the monthly rent $133 for each day of delay
past 4/13/2021.
By signing this agreement, the parties hereto indicate that they have read
and understand this entire agreement and agree to all of the terms,
covenants and conditions stated herein. Tenant acknowledges receipt of a
copy of this agreement with all addenda.
Landlord/Agent's signature:___________________________
Print name:_ Ming Zhang/ Haitao Wang_______________________
Date:_03/22/2021_____________________
Tenant's signature:___________________________
Carlos David Castro Felix 3/30/2021 | 11:47 PDT
Print name:___________________________ Date:______________________
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Tenant's signature:___________________________
Laura Sarah’s Flore Camarena 3/30/2021 | 12:32 PDT
Print name:___________________________ Date:______________________
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