Agreement Template To Rent Or Lease (Page 4 of 4) in pdf

This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the

tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer

under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provision.

25. ATTORNEYS’ FEES / WAIVER OF JURY TRIAL. If any legal action or proceeding is brought by either party to enforce any

part of this agreement, the prevailing party shall recover, in addition to all other relief, reasonable costs and attorneys’ fees, whether or

not the action proceeds to judgment. If a legal action or proceeding is brought to enforce any of the obligations of this agreement, the

parties agree that the reasonable attorney’s fees to be awarded shall not exceed $500 to the prevailing party in any action or proceeding.

In no instance shall this provision limit the court from awarding additional sanctions pursuant to the Code of Civil Procedure or the

California Rules of Court. RECOGNIZING THAT JURY TRIALS ARE BOTH TIME CONSUMING AND EXPENSIVE,

OWNER AND RESIDENT HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY ON ANY MATTER ARISING OUT

OF THIS AGREEMENT, OR THE USE, OR THE OCCUPANCY OF THE PREMISES HEREIN.

26. The California Department of Justice, sheriff’s departments, police departments serving jurisdictions of 200,000 or more and many

other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to

paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The data base is updated on a quarterly basis and a source of

information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender

Identification Line through which inquiries about individuals may be made. This is a “900” telephone service. Callers must have

specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900”

telephone service.

27. GENERAL. Each and every term, covenant and agreement herein contained shall be deemed a condition hereof. No oral

agreements have been entered into, and this Agreement shall not be modified unless such modification is reduced to writing. The terms

of a periodic tenancy may be modified by the Owner by the service of a 30 day written notice. Waiver of any breach of any term or

condition of this Agreement shall not constitute a waiver of subsequent breaches. The invalidity or partial invalidity of any provision of

this Agreement shall not render the remainder of the Agreement invalid or unenforceable. Time is of the essence in this Agreement and

each provision herein contained. Words used in the singular shall include the plural, and vice versa, where the context requires. 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

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.

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. Resident acknowledges receipt of a copy of this agreement with all

addenda.

______________

_________________________________

______________

___________________________________

Date

Resident

Date

Resident

______________

_________________________________

______________ ___________________________________

Date

Resident

Date

Resident

______________

_________________________________

___________________________________________________

Date

Owner/Agent for Owner

___________________________________________________

Rev. 01/01/03

Page 4 of 4

Agreement Template To Rent Or Lease Page 4

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