"Month-To-Month Residential Rental Agreement Template" - California

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Month-to-Month Residential Rental Agreement
1. Identification of Landlord and Tenants: This Agreement is made and entered into on
[DATE], between ________________("Tenants") and [ORGANIZATION NAME]
("Landlord/Master Tenant "), whose address and phone number are [ORGANIZATION
ADDRESS AND PHONE].
2. Identification of Premises and Occupants: Subject to the terms and conditions of this
Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for residential
purposes only, the premises located at:___________________________on a month- to-
month term. The premises shall be occupied by the undersigned Tenant and the
following minor children: ____________________
3. Limits on Use and Occupancy: The premises are to be used only as a private
residence for Tenants and any minors listed above in this Agreement, and for no other
purpose without Landlord's prior written consent.
4. Termination: Except as prohibited by law, This Agreement may be terminated by
Landlord or Tenants and may be modified by Landlord, by giving 30-days' written notice
to the other. Any holding over thereafter shall result in Tenant being liable to Landlord for
prorated daily rental damages. [ORGANIZATION NAME] is a state funded temporary
(24-month) housing program, and therefore this tenancy may be terminated anytime on
or after [SAME DATE AS ABOVE], by [ORGANIZATION NAME] by giving the Tenant a
written 60 day notice of termination of tenancy.
5. Rent: See Attachment A for rent amounts, schedule, and payment policies and
procedures.
6. Amount and Payment of Deposits. On signing this Agreement, [ORGANIZATION
NAME] will loan Tenants the security deposit that was previously paid by
[ORGANIZATION NAME] directly to the property owner in the sum of $______. See
attached Promissory Note for monthly loan payment amount and procedures. Tenants
may not apply this security deposit to the last month's rent or to any other sum due
under this Agreement. If, upon vacating the premises, Tenant’s loan has been paid in full
to [ORGANIZATION NAME], [ORGANIZATION NAME] will furnish Tenant with an
itemized written statement of the reasons for, and the dollar amount of, any of the
security deposit retained by the Landlord, along with a check for any deposit balance.
Under Section 1950.5 of the California Civil Code, Landlord may withhold only that
portion of Tenants' security deposit necessary to: (1) remedy any default by Tenants in
the payment of rent; (2) repair damages to the premises or appliances; and (3) clean the
premises if necessary exclusive of ordinary wear and tear.
7. Utilities: Tenants shall be responsible for payment of all utility charges, except for the
following, which shall be paid by Landlord: water and garbage
8. Quiet Enjoyment: Tenants shall be entitled to quiet enjoyment of the premises. Tenants
and their guests or invitees shall not use the premises or adjacent areas in such a way
as to: (1) violate any law or ordinance, including laws prohibiting the use, possession or
sale of illegal drugs; (2) commit waste or nuisance; or (3) annoy, disturb, inconvenience
or interfere with the quiet enjoyment and peace and quiet of any other tenant or nearby
resident. Any such action may result in the immediate termination of this agreement as
provided herein and by law.
9. Repairs and Alterations: Except as provided by law or as authorized by the prior
Rental Agreement
Page 1
Month-to-Month Residential Rental Agreement
1. Identification of Landlord and Tenants: This Agreement is made and entered into on
[DATE], between ________________("Tenants") and [ORGANIZATION NAME]
("Landlord/Master Tenant "), whose address and phone number are [ORGANIZATION
ADDRESS AND PHONE].
2. Identification of Premises and Occupants: Subject to the terms and conditions of this
Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for residential
purposes only, the premises located at:___________________________on a month- to-
month term. The premises shall be occupied by the undersigned Tenant and the
following minor children: ____________________
3. Limits on Use and Occupancy: The premises are to be used only as a private
residence for Tenants and any minors listed above in this Agreement, and for no other
purpose without Landlord's prior written consent.
4. Termination: Except as prohibited by law, This Agreement may be terminated by
Landlord or Tenants and may be modified by Landlord, by giving 30-days' written notice
to the other. Any holding over thereafter shall result in Tenant being liable to Landlord for
prorated daily rental damages. [ORGANIZATION NAME] is a state funded temporary
(24-month) housing program, and therefore this tenancy may be terminated anytime on
or after [SAME DATE AS ABOVE], by [ORGANIZATION NAME] by giving the Tenant a
written 60 day notice of termination of tenancy.
5. Rent: See Attachment A for rent amounts, schedule, and payment policies and
procedures.
6. Amount and Payment of Deposits. On signing this Agreement, [ORGANIZATION
NAME] will loan Tenants the security deposit that was previously paid by
[ORGANIZATION NAME] directly to the property owner in the sum of $______. See
attached Promissory Note for monthly loan payment amount and procedures. Tenants
may not apply this security deposit to the last month's rent or to any other sum due
under this Agreement. If, upon vacating the premises, Tenant’s loan has been paid in full
to [ORGANIZATION NAME], [ORGANIZATION NAME] will furnish Tenant with an
itemized written statement of the reasons for, and the dollar amount of, any of the
security deposit retained by the Landlord, along with a check for any deposit balance.
Under Section 1950.5 of the California Civil Code, Landlord may withhold only that
portion of Tenants' security deposit necessary to: (1) remedy any default by Tenants in
the payment of rent; (2) repair damages to the premises or appliances; and (3) clean the
premises if necessary exclusive of ordinary wear and tear.
7. Utilities: Tenants shall be responsible for payment of all utility charges, except for the
following, which shall be paid by Landlord: water and garbage
8. Quiet Enjoyment: Tenants shall be entitled to quiet enjoyment of the premises. Tenants
and their guests or invitees shall not use the premises or adjacent areas in such a way
as to: (1) violate any law or ordinance, including laws prohibiting the use, possession or
sale of illegal drugs; (2) commit waste or nuisance; or (3) annoy, disturb, inconvenience
or interfere with the quiet enjoyment and peace and quiet of any other tenant or nearby
resident. Any such action may result in the immediate termination of this agreement as
provided herein and by law.
9. Repairs and Alterations: Except as provided by law or as authorized by the prior
Rental Agreement
Page 1
written consent of Landlord, Tenants shall not make any repairs, alterations or
decorations to the unit. Repairs, alterations include re-keying or installing any locks to
the premises or installing or altering any burglar alarm system. Decorations include, but
are not limited to, painting and wallpapering. Tenants shall provide Landlord with a key
or keys capable of unlocking all such re-keyed or new locks as well as instructions on
how to disarm any altered or new burglar alarm system. Tenant also agrees to pay all
costs resulting from the alteration.
10. Acceptance of Premises: Tenant has inspected the premises, furnishings, equipment,
and appliances and has found them to be satisfactory. All plumbing, heating and
electrical systems are operative and deemed satisfactory, except as noted on the
attached Move-In Move-Out Itemization.
11. Care, Cleaning, and Maintenance: Tenants agree to: (1) keep the premises, furniture,
and appliances clean and sanitary and in good repair, and upon termination of the
tenancy, to return the premises to Landlord in a condition identical to that which existed
when Tenants took occupancy, except for ordinary wear and tear; (2) immediately notify
Landlord of any defects or dangerous conditions in and about the premises of which they
become aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any
repairs to the premises or appliances damaged by Tenants or their guests or invitees
through misuse or neglect. This includes misuse that can lead to plumbing issues (i.e.
clogged toilet or sinks), broken appliances such as garbage disposals, or damaged
window fixtures.
12. Landlord's Access for Inspection and Emergency: Landlord (i.e. the property owner/
manager or [ORGANIZATION NAME] staff) may enter the premises in the event of an
emergency, to make repairs or improvements, supply agreed services and show the
premises to prospective buyers or tenants. Except in cases of emergency, violations of
the housing rules outlined in Attachment A, or Tenants' abandonment of the premises or
court order, Landlord shall give Tenants reasonable notice of intent to enter. Tenant’s
non-compliance with the Landlord’s lawful request for entry is material breach of this
Agreement that may be cause for immediate termination as provided herein and by the
law.
13. Prohibition of Assignment and Subletting: Tenants shall not sublet any part of the
premises or assign this Agreement without the prior written consent of Landlord.
14. Possession of the Premises: If, after signing this Agreement, Tenants fail to take
possession of the premises, they shall still be responsible for paying rent and complying
with all other terms of this Agreement by delivering a 30-day written notice for
termination of tenancy to [ORGANIZATION NAME AND ADDRESS]. In the event
Landlord is unable to deliver possession of the premises to Tenants for any reason not
within Landlord's control, including, but not limited to, failure of prior occupants to vacate
or partial or complete destruction of the premises, Tenants shall have the right to
terminate this Agreement.
15. Damages to the Premises. In the event the premises are partially or totally damaged or
destroyed by fire or other cause, the following shall apply: In the event that Tenants, or
their guests or invitees, in any way caused or contributed to the damage of the premises,
Landlord shall have the right to terminate this Agreement at any time, and Tenants shall
be responsible for all losses, including, but not limited to, damage and repair costs as
Rental Agreement
Page 2
well as loss of rental income. Landlord shall not be required to repair or replace any
property brought onto the premises by Tenants.
16. Tenants' Financial Responsibility and Renters' Insurance. Tenants agree to accept
financial responsibility for any loss or damage to personal property belonging to Tenants
and their guests and invitees caused by theft, fire or any other cause. Landlord assumes
no liability for any such loss. Landlord recommends that Tenants obtain a renter's
insurance policy from a recognized insurance firm to cover Tenants' liability, personal
property damage and damage to the premises.
17. Waterbeds. No waterbed or other item of water-filled furniture shall be kept on the
premises without Landlord's written consent.
18. Pets: No pets shall be kept on the premises without Landlord's prior written consent,
except for service or companion animals requested for individuals with disabilities.
19. Smoke Detector Device: The premises are equipped with a functioning smoke
detector device(s), and Resident shall be responsible for testing the device weekly and
immediately reporting any problems, maintenance or need for repairs to the property’s
owner/ manager or [ORGANIZATION NAME]’s Housing Specialist. If battery operated,
Resident is responsible for changing the detector’s battery as necessary. The property
owner/management or [ORGANIZATION NAME] staff shall have the right to enter the
premises to check and maintain the smoke detection device as provided by the law.
20. Moving Services: Tenant assumes all responsibility for the moving of items done by
[ORGANIZATION NAME] hired vendors. Tenant Agrees to inform your case
manager/youth advocate of the amount of belongings you will be moving (esp. large
items like dressers, entertainment centers, wine racks, armoires, curio cabinets, china
cabinets, buffets, big screen TVS, chest of drawers, etc.) before the move, and securely
pack their contents in separate boxes.
Tenant also agrees to pack ALL items to be moved securely in boxes or appropriate
containers and have any disassembling or reassembling of items done prior to the
move. If your belongings are not packed you will NOT move in and your move will be
rescheduled.
In the event any item to be moved cannot be moved safely from the area where the
item is located or to an area where the item is to be moved or relocated and you wish to
[ORGANIZATION NAME] and / or Moving Service
have the item moved anyway
will not be liable for any damages to the item or to the walls, floors, stairs, railings,
ceilings, or other structures
21. Addenda: By initialing as provided, Tenant acknowledges that they have received and
read copies of the following applicable addenda, which are attached and incorporated
as part of this Agreement:
Rental Agreement
Page 3
____ [ORGANIZATION NAME]
In Your Home Pamphlet
Policies and Regulations,
____ Mold Addendum
Attachment A
____ Loan Promissory Note
____ Move-In Move-Out Itemization
____ Rent and Loan Calculation
____ Smoke Detector Agreement
Schedule
____ Asbestos Agreement
____ Drug-Free Addendum
____ Lead Disclosure Addendum
____ Protect Your Family from Lead
22. Notice: Pursuant to Section 290.46 of the Penal Code, information about
specified sex offenders is made available to the public via an Internet Web site
maintained by The California 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.
23. Entire Agreement: This Agreement, which includes all attachments, constitutes
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 Tenants. Any modifications to this Agreement must be in writing
signed by Landlord and Tenants. The failure of Tenants or their guests or
invitees to comply with any term of this Agreement is grounds for termination of
the tenancy, with appropriate notice to tenants and procedures as required by
law.
24. Grounds for Termination of Tenancy: The failure of Tenant or Tenant's guests
or invitees to comply with any term of this Agreement, or the misrepresentation
of any material fact on Tenant's Rental Application, are grounds for termination
of the tenancy, with appropriate notice to Tenant and procedures as required by
law.
25. Payment of Attorney Fees in a Lawsuit: In any action or legal proceeding to
enforce any part of this Agreement, the prevailing party [x] shall not/ [ ] shall
recover reasonable attorney fees and court costs.
26. Authority to Receive Legal Papers: Any person managing the premises, the
landlord and anyone designated by the landlord are authorized to accept service
of process and receive other notices and demands, which may be delivered to:
[ ] a. the manager, at the following address: ____________________
[ ] b. the Landlord, at the following address: _____________________
[ ] c. the following: _________________________
[ORGANIZATION NAME]
Landlord/Master Tenant
Rental Agreement
Page 4
_________________
Date
_______________________________
Tenant
_________________
Date
Rental Agreement
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