AGREEMENT TO RENT OR LEASE
(This is a contract - read it carefully.)
This Agreement is made and entered into between Advanced Group 13-107, a California limited partnership, dba Corona Pointe Resort by Advanced Management Company, it’s authorized agent, hereinafter “Owner” and (names of all adult Residents and names and dates of births of minors to reside on the premises):
Resident: / DOB: / Resident: / DOB:Resident: / DOB: / Resident: / DOB:
Resident: / DOB: / Resident: / DOB:
Resident: / DOB: / Resident: / DOB:
hereinafter “Resident”. The word Resident as used herein shall include the singular as well as the plural. Subject to the terms and conditions below, Owner rents to Resident, and Resident rents from Owner, for continuous residential purposes only, the premises located at , Apartment #, Riverside, California 92505.
Owner and Resident mutually agree as follows:
1. TERM. The term of the rental shall begin on , and shall continue as follows, subject to the payment of rent for one month and the security deposit: (check one)
For a period beginning and ending , (the expiration date). Renewal of the term shall be as described in Paragraph 22 of this Agreement (A Fixed Term Lease).
On a month to month tenancy basis, terminable by either party by the giving of a written notice pursuant to Paragraph 22 of this Agreement (A Periodic Tenancy).
2. RENT. Resident shall pay to Owner the Monthly base rent of $, in advance on or before the first day of each month without deduction or offset. On signing this Agreement, Resident shall pay one full month’s rent in the form of a certified check or money order only. The rent for the partial month’s period shall be prorated on the basis of a 30-day month and shall be paid on or before the next rental due date. Rent may be paid in the form of a personal check, credit card, cashier’s check, or money order. Due to safety and security concerns, Owner may refuse to accept payments of cash. Owner reserves the right to refuse a personal check tendered in payment at any time. Payments should be made payable to Corona Pointe Resort Apartments, and may be delivered personally to the manager, Jena Davis, or assistants or any successor manager or assistants of the property located at 3957 Pierce Street, Riverside, California 92505 – Telephone # 951.351.8333 during normal business hours. Normal business hours are x Monday through Friday 9:00 a.m. to 6:00 p.m.; x Saturday 9:00 a.m. to 6:00 p.m.; x Sunday 9:00 a.m. to 6:00 p.m. The manager or assistant(s) are also the Owner’s agent(s) for the purpose of receiving and receipting all notices and demands. o For your convenience, a 24-hour 7-day a week drop box is available at the address above.
3. SECURITY DEPOSIT. On signing this Agreement, Resident shall pay to Owner the sum of $ as a deposit to secure Resident’s performance of the covenants contained herein. No part of this deposit is to be considered as an advance payment of rent, including last month’s rent, nor is it to be used or refunded prior to the leased premises being permanently and totally vacated by all Residents. After Resident has vacated the premises, Owner shall furnish Resident with an itemized written statement of the basis for, and the amount of, any of the security deposit retained by Owner. Owner may withhold that portion of Resident’s security deposit necessary (a) to remedy any default by Resident in the payment of rent or breach of any other provision of this Agreement, (b) to repair damages to the premises, to include repainting, but exclusive of ordinary wear and tear, and (c) to remove trash and clean the premises to return the apartments to the same level of cleanliness it was in at the inception of the tenancy, as provided by law and by this Agreement. The unused portion of this deposit shall be returned to Resident without interest, according to law. If there is more than one resident, the residents shall work out the details of dividing any security deposit refund amongst themselves.
At any time during the term of this agreement, and after 30 days notice to resident, Owner may increase the security deposit to the maximum amount then permitted by law. In the event the Owner exercises the Owner’s right to use any portion of the security deposit for resident’s failure to pay rent, utilities or damages to the Owner’s real or personal property, resident agrees to remit to Owner a sufficient amount of cash to fully restore said deposit upon three (3) days written notice by the Owner. Resident’s failure to fully restore the deposit or pay any deposit increase in accordance with Owner’s notice will constitute a material breach hereof.
4. UTILITIES.
Payment of Utilities: Resident shall pay for all utilities, services, and charges, except . If the utilities are separately metered, Resident shall cause the utility billing to be placed in Resident’s name prior to taking possession.
Direct Billing by Owner: Certain utility services, such as water, wastewater/sewer, trash removal, electric, and gas, may, from time to time, be billed by Owner to Resident. Resident shall pay Owner for those utilities billed by Owner or Owner’s agent for such billing (hereinafter “the Utility Bill”).
Owner may bill Resident for utilities based on a ratio utility billing system (RUBS) estimate, flat fee, or actual reading of a submeter for Resident’s apartment as determined by Owner. The records and all meters or submeters in the community are presumed to be correct for all purposes.
Owner may modify the method by which utilities are furnished and billed to the Resident during the term of this lease. In the event Owner determines to modify the provision of billing of utility services to the community, Owner shall give Resident not less than sixty (60) days written notice of such modification.
Owner may at any time require Resident to pay utility providers directly for Resident’s own utility usage on a submetered or other basis as determined by Owner. Owner shall give Resident sixty (60) days written notice before requiring Resident to begin paying a utility provider directly for Resident’s utility usage.
Resident agrees to allow Owner, a billing service provider or any utility providers designated by Owner, reasonable access to the apartment in order to read the submeters, if any.
Failure to Pay Utilities: If Resident fails to pay any Utility Bill, Resident shall be deemed in default of this Agreement, to the same extent and with the same remedies to the Owner as if Resident had been delinquent in Resident’s payment of rent including, but not limited to, the right to initiate unlawful detainer (eviction) proceedings.
Use of Utilities: Resident shall use the utilities only for ordinary household purposes and shall not waste them. Resident shall not tamper with, adjust or disconnect any metering or submetering system or device. Resident must comply with all energy conservation requirement imposed by Owner, utility providers or governmental authorities. Failure to comply will be a material breach of this Lease and Resident will be responsible for resulting damages to Owner.
Change or Interruption in Utility Service: Utilities now provided, or any utility rates now in effect, may not continue in the future. Resident’s responsibility to pay for utilities shall be unaffected by any change in utilities, rate increase and/or reclassification. Owner may make changes in utilities, utility wires, meters, submetering or loan management systems, and similar electrical and other utility equipment serving the premises. This work shall be done in a reasonable manner.
5. LATE CHARGE / RETURNED CHECKS / LEASE BREAK. If Resident fails to pay the rent in full by the end of the third (3rd) day of any month, Resident shall pay a late charge of $50.00 as additional rent. Resident acknowledges that Owner and it’s authorized agent will sustain damage on account of late payment of rent, including but not limited to added accounting, administrative, and management expenses and costs, and that it would be impractical and extremely difficult to ascertain the actual amount of such damage. The parties agree that this late charge represents a fair and reasonable estimate of the damages that Owner will incur by reason of the late payment of rent. If Owner elects to accept rent after the third day of any month, Owner does not establish a grace period and Owner does not waive the right to insist on payment of rent in full on the day it is due. Owner does not authorize Resident to make payment of rent by mail. If Resident elects to make payment of rent by mail, Resident bears the risk of loss or delay of any payment so made.
In the event Resident’s check is dishonored by the bank, Resident shall pay a returned check charge of $25.00 as additional rent. A late charge will be imposed if the returned check causes the rent to be late. If Resident’s check is dishonored by the bank, payment of rent in a form other than by personal check may be required for a period of up to three (3) months.
If this lease is a fixed term lease and resident is unable to fulfill the terms of the lease, then the lease may be terminated by the Owner prior to the expiration of the lease if Resident provides Owner a written notice of intention to terminate the lease at least thirty (30) days prior to the desired date of termination of the tenancy, or as required by law, and upon payment by Resident of a lease break fee in the amount of $1,500.00, plus repayment of any rental concession given at move in. All other terms and conditions as outlined in this Agreement shall remain in full force and effect.
6. ACCEPTANCE OF PREMISES. Resident has inspected the premises, furnishings and equipment, and has found them to be satisfactory. All plumbing, heating and electrical systems are operative and deemed satisfactory, all locks are fully functional, and all required window screens, window locks, smoke detectors, and carbon monoxide detectors are in place and in good condition. Paint, wall coverings, carpet and floor coverings are clean and undamaged. The premises are clean and undamaged and are free of pests, bedbugs, and other vermin. Resident shall immediately inform owner in writing of any exceptions.
7. POSSESSION OF PREMISES. In the event Owner is unable to deliver possession of the premises to resident for any reason, including, but not limited to, failure of the prior occupants to vacate as agreed or required by law, Owner shall not be liable to Resident except for the return of all sums previously paid to Owner.
8. SECURITY. Resident acknowledges that Owner has made no representation that the property is a “secure” community, or that Resident is safe from theft, injury or damage. Any courtesy patrol, gates, fences and locks are provided primarily for the protection of Owner’s property and are not a warranty of protection nor are they specifically provided for the protection of Resident or guest’s person or property. Resident shall take appropriate measures to protect their own property, and report to the Police any suspicious activities, persons or events occurring on or about the general premises. Resident further acknowledges and agrees that any porch light fixture on the rental premises has been, or may be, wired to resident’s apartment on a photocell switch to provide lighting for the premises. Resident shall not change or modify said wiring without the Owner’s written consent.
9. QUIET ENJOYMENT / USE. All Residents shall be entitled to quiet enjoyment of the premises. Resident shall not use the premises in such a way as to violate any law or ordinance, commit waste or nuisance, annoy, disturb, inconvenience, or interfere with the quiet enjoyment of any other Resident, including but not limited to having loud or late parties or playing loud music. Resident shall ensure that their guests also comply with this provision. Violations constitute a breach of the Agreement, and Owner may take legal action to terminate the Agreement and remove Resident. In the event Owner is given a financial civil penalty (a fine) by any governmental agency as a result of the actions of Resident by disturbing the quiet enjoyment of their neighbors, Resident shall be responsible for reimbursing owner the cost of the fine.
10. Smoke Free Community. Resident agrees and acknowledges that the premises to be occupied by Resident and members of Resident’s household have been designated as a smoke-free living environment. Resident, members of Resident’s household, Resident’s visitors and guests, shall not smoke anywhere in the apartment rented by Resident, or on the patio or balcony, or the building where Resident’s apartment is located, or in any of the common areas or adjoining grounds of such building or other parts of the rental community, except areas specifically identified as a designated “Smoking Area”.
11. JOINT AND SEVERAL LIABILITY (CO-RESIDENT). If more than one Resident enters into this Agreement ("roommates"), the obligations are joint and several; each such Resident is individually, as well as jointly, liable for full performance of all agreed terms and payment of all sums required hereunder as long as any one of the Residents remains in possession of the premises. Any breach or abandonment by any one or more of the Residents shall not terminate the Agreement nor shall it relieve the remaining Resident(s) from fulfilling the terms of this Agreement. Should one or more of the Residents terminate their residency apart and separately from another Resident, no right to have another person substituted in their stead shall exist.