Residential Lease/rental Agreement Template (Page 3 of 4) in pdf

a reasonable opportunity to service or repair said item. TENANT acknowledges that rent will not be withheld

unless a written notice has been served on LANDLORD giving LANDLORD a reasonable time to fix said item

within the meaning of Civil Code Section 1942. Under no circumstances may TENANT withhold rent unless

said item constitutes a substantial breach of the warrantee of habitability as stated in Code of Civil Procedure

Section 1174.2.

15. PETS: No dog, cat, bird, fish or other domestic pet or animal of any kind may be kept on or about the

premises without LANDLORD"S written consent.

16. FURNISHINGS: No liquid filled furniture of any kind may be kept on the premises. If the structure was built

in 1973 or later TENANT may possess a waterbed if he maintains waterbed insurance valued at $100,000 or

more. TENANT must furnish LANDLORD with proof of said insurance. TENANT must use bedding that

complies with the load capacity of the manufacturer. In addition, TENANT must also be in full compliance with

Civil Code Section 1940.5.

___ TENANT shall not install or use any washer, dryer, or dishwasher that was not already furnished

with the unit.

17. INSURANCE: TENANT may maintain a personal property 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 or loss caused by fire, theft, rain, water overflow/leakage, 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

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.

18. TERMINATION OF LEASE/RENTAL AGREEMENT: If this lease is based on a fixed term, pursuant to

paragraph 2, then at the expiration of said fixed term this lease shall become a month to month tenancy upon

the approval of LANDLORD. Where said term is a month to month tenancy, either party may terminate this

tenancy by the serving of a 30 day written notice.

19. POSSESSION: If premises cannot be delivered to TENANT on the agreed date due to loss, total or partial

destruction of the premises, or failure of previous TENANT to vacate, either party may terminate this

agreement upon written notice to the other party at their last known address. It is acknowledged that either

party shall have no liability to each other except that all sums paid to LANDLORD will be immediately refunded

to TENANT.

20. ABANDONMENT: It shall be deemed a reasonable belief by the LANDLORD that an abandonment of the

premises has occurred where the, within the meaning of Civil Code Section 1951.2, where rent has been

unpaid for 14 consecutive days and the TENANT has been 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.

21. WAIVER: 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. If 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.

22. VALIDITY/SEVERABILITY: If any provision of this agreement is held to be invalid, such invalidity shall not

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Residential Lease/rental Agreement Template Page 3

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