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Residential Lease or Month-to-Month Rental Agreement

City _________,State____________, Zip code_____________, Date________

_______________,  Landlord and Mr and Mrs  ____________________, Tenant, agree as follows ;

1. PROPERTY : Landlord rents to Tenant and Tenant rents from Landlord the real property and improvements described as :

   Address_______________________________________________________________________________

The following personal property is included :______________________________________________________

2. RENT ; TERM : Tenant agrees to pay rent monthly, at the rate of $__________ in advance on the _______ day of each calendar month. The term begins on _________, 200_, ("Commencement Date"), as a :

   A. month-to-month tenancy, witch may be terminated bu either party, by giving writen notice to the other as least 30 days prior to the intended-termination date; or,

   B. lease ending ________, 200_, with a total rent of $__________, monthly installments as above, or,

   C. ___________________________________________________________________________________

3. LATE CHARGE : Tenant acknowledges that late payment of rent may cause Landlord to incur costs and expenses, the exact amount of witch are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing and accounting and accounting expenses, late charges that may be imposed on Landlord by terms of any loan secured bu the Premises, costs dor additional attempts to collect rent, and preparation of notices. Therefore, if any installments of rent due from Tenant is not received by, Landlord within ___ calendar days after date due, Tenant shall pay to Landlord and additional sum of $____________  as late charge wich shall be deemed additional rent. Landlord and Tenant agree that this late charge represents a fair and reasonable estimate of the costs that Landlord may incur by reason of Tenant's late payments. Any late charge due shall be paid with the current installment of rent. Landlord's acceptance of any late charge shall not constitute a waiver as to any default of Tenant, or prevent Landlord from exercising any other rights and remedies under this Agreement, and as provided by law.

 4. PAYMENT : The rent shall be paid to ___________________at ________________________________ or at any other location specified by Landlord.

 5. SECURITY DEPOSIT : $________ shall be given by Tenant as a security deposit. Landlord may use all or any portion of the security deposit reasonably necessary to : (a) cure Tenant's default in payment of rent, late charges or other sums due (b) repair damages caused by Tenant, or by a guest or a licensee of Tenant ; (c) clean the Permises, if necessay, upon termination of tenancy; and (d) replace or return personal property or appurtenances, excluding ordinary wear and tear. If used during the tenancy, Tenant agrees to reinstate the total security deposit within five days after written notice delivered to Tenant in person or by mail. No later than three weeks after Tenant vacates the Permises, Landlord shall furnish to Tenant an itemized written statement of this basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to Tenant. The return of the security deposit at the end of the tenancy, if otherwise due, will be handled directly between Landlord and Tenant and will not involve any broker who release the security deposit to Landlord. Landlord and Tenant each indemnify and release any broker from any liability relating to return of the security deposit.

6. UTILITIES : Tenant agrees to pay for all utilities and services based upon occupancy of  the  Premises,  and the following  charges :__________________________, except_____________________________ which shall be paid for by Landlord. If any utilities are not separately metered, Tenant shall pay  Tenant's proportional share thereof as reasonably determined by Landlord.

7. CONDITION : Tenant has examined the Permises, all furniture, furnishings, and appliances, if any, and fictures, including smoke detector(s). Tenant acknowledges that those items are clean and in operative condition, with the following exceptions : ___________

8. OCCUPANTS : The Permises are for the sole use as a personal residence by the following named persons only :_______________

9. PETS : No animal or pet shall ne kept on or about the Permises without Landlord's prior written consent, except :____________

10. LIQUID-FILLED FURNITURE : Tenant shall not use or have liquid-filled furniture on the Premise unless Tenant first gives proof of compliance to Landlord's reasonable satisfaction, including increased security deposit, under Civil Code Section 1940.5.

11. RULES/REGULATIONS : Tenant agrees to comply with all covenants, conditions and restrictions, bylaws, rules, regulations and decisions of owners'association, or Landlord, witch are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licenses of Tenant shall not disturb, annoy, endanger or interfere with other tenants of the building or neighbors or use the Premises for any unlawful purpose, including but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or others contraband or violate any law or ordinance, or commit waste or a nuisance upon or about the Premise.

12. MAINTENANCE/DAMAGE/INSURANCE : Tenant shall properly use, operate, and safeguard the Premises, all furniture, furnishing and appliances and all electrical, gas and plumbing fixtures and shall keep them as clean and sanitary as their condition permits. Tenant shall immediately notify Landlord of any damage and shall pay for all repairs or replacements caused by Tenant or the guests or invitees of Tenant excluding ordinary wear and tear.*Except for within the first 30 days of original rental term, the Tenant will be responsible, at Tenant expense for clearing clogged drains, Tenant's personal property is not insured by Landlord.

13. ALTERATIONS : Tenant shall not paint, wallpaper add or change locks or make any other alterations to the Premises without Landlord's prior writen consent. Tenant acknowlegdes receipt of :

_______  Key(s) to Premises    _______ Key(s) to mailbox 

_______  Key(s) to common aera(s)     _______ Remote control device(s) for garage door opener(s)

Tenant may not re-key existing locks or opening devices unless Tenant immediatly delivers copies of all keys to Landlord.

Tenant shall pay all costs related to loss of any keys or devices, including charges imposed by any owners'association.

14. ENTRY : Tenant shall make the Premises available to Landlord authorized agent or representative for purpose of entering to make necessary or agreed repairs, decorations, alterations or improvements or to supply necessary or agreed services or to show the Permises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors. Landlord and Tenant agree that four notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord, autorize agent or representative may enter the Permises at any time, without prior notice.

15. ASSIGNMENT/SUBLETTING : Tenant shall not let or sublet all or any part of the Premises or assign this Agreement or any interest in it. Any assignment, letting or subletting that violates this paragraph shall be avoid. Landlord's acceptance of rent a person other than the named Tenant shall not be a waiver of this paragraph.

16. POSSESSION : If Tenant abandons or vacates the Permises, Landlord may terminate this Agreement and regain lawful possession. If Landlord is unable to deliver possession of the Permises on the Commencement Date, the Commencement Date shall be extended to the date on wich possession is made available to Tenant. If Landlord is unable to deliver possession within 10 (or ___ ) calendar days after the agreed Commencement Date, Tenant may terminate this Agreement by giving written notice to Landlord and shall receive a refund of all rend and security deposit paid.

17. HOLDING OVER : Any holding over after the term of this Agreement expires with Landlord's consent shall create a month-to-month tenancy, which may be terminated by either party, by giving-written notice to the other, at least 30 days prior to the intended termination date. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and conditions of this Agreement shall remain in full force and effect.

18. ATTORNEY'S FEES In any action or proceeding arising out of this Agreement, the prevailling party shall be entitled to reasonable attorney's fees and costs.

19. WAIVER The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.

20. NOTICE Notices to Landlord or Manager may be served as _____________________ .

Notices to Tenant may be served at _____________________.

21. TENANCY STATEMENT (ESTOPPLE CERTIFICATE) : Tenant shall execute and deliver a tenancy statement (estopple certificate) submitted by Landlord, within 24 hours after receipt acknowledging that his Agreement is unmodified and in full force as modified and stating the modifications. Failure to comply shall be deemed Tenant's acknowledgement that the certificate submitted by Landlord is true and correct and may be relied upon by a lender or purchaser.

22.JOINT AND INDIVIDUAL OBLIGATIONS : If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant and individually.

23. VACATING : Tenant must give Landlord a 30 days notice of their intent to vacate. This includes 30 days prior to expiration of lease.

24. SUPPLEMENTS/OTHER TERMS AND CONDITIONS : ____________________________________________________

25. TENANT REPRESENTATIONS ; CREDIT : Tenant warrants that all statements in Tenant's rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at the time of the apllication and periodically during the tenancy, in connection with approval, modification or enforcement of this Agreement. Landlord may cancel this Agreement (a) before occupancy begins, upon disapproval of the credit report(s) or (b) at any time upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of payment and other obligations under this Agreement.

26. ENTIRE CONTRAT : Time is of the essence. All prior agreements betwen Landlord and Tenant are incorporated in this Agreement which constitutes the entire contract. It is intented as a final expression of the parties'agreement with respect to the general subject matter covered, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. This parties further intend that this Agreement constitures the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding if any involving this Agreement.

27. AGENCY CONFIRMATION : The following agency relationship(s) are hereby confirmed for this transaction Listing agent : _______ is the agent of (check one) :___ the Landlord exclusively or ___ both the Tenant and the Landlord

Leasing agent : _______  is the agent of (check one) :___ the Landlord exclusively __ the Tenant or ___ both the Tenant and the Landlord

28. ACKNOWLEDGEMENT : The undersigned have read the foregoing prior to execution and acknowledge receipt of a copy.________________ Date_________________Tenant_____________________ Date_________

Landlord__________ Date ________________Tenant______________________Date_________