 November
2, 2009 -
We spent the month saying goodbye for now to our friends in
San Diego. We made many fun dinner parties since this was our last
month in San Diego before moving to Japan. |
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November
21, 2009 - Me and Akiko made a standard rental
application for the condominium before moving to Japan.
RENTAL APPLICATION
Neatly complete all information below. All applicants over
the age of 18 must complete and sign their own application.
Applicants full name___________________________________Phone
#___________________DOB__________
Social Security #____________________Drivers License
#____________________State________Exp.________
Current
Address________________________________City___________________State________Zip_________
Current Landlords
Name__________________________________Landlords Phone
#______________________
How long at this address__________Reason for
leaving______________________________________________
Home
Address__________________________________City___________________State___________________
Country_______________________________Zip______________________Phone
#______________________
Contact________________________________________________Relationship___________________________
Auto Yr______Make____________Model_____________________State/License
Plate #___________________
Present
Employer_____________________________Position__________________Mo.
Income______________
Phone #__________________How long at job_________Other
income/source____________________________
Employers
Address_________________________________________City___________________State________
Number and type of Pets___________________________Have you
ever been party to an eviction? [ ] Yes [ ] No
Name of
bank_________________________Branch_____________________Type
of Account_______________
Name of
bank_________________________Branch_____________________Type
of Account_______________
Personal References
Name______________________________Yrs.
Known____Relationship____________Phone #______________
Name______________________________Yrs.
Known____Relationship____________Phone #______________
Name______________________________Yrs.
Known____Relationship____________Phone #______________
Total number of adults___________Total number of children
living with you under the age of 18_____________
Names and relations of all other
applicants_________________________________________________________
___________________________________________________________________________________________
I CERTIFY that answers given herein are true and complete to
the best of my knowledge. I authorize investigation of all
statements contained in this application for tenant
screening as may be necessary in arriving at a tenant
decision, I understand that the landlord may terminate any
rental agreement entered into for any misrepresentations
made above.
Signature________________________________________________________________Date________________ |
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November
21, 2009 - Me and Akiko made a standard rental
application for the condominium before moving to Japan.
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter referred to as the
"Agreement") made and entered into this _____21_____ day of
__________November__________, 2009__, by and between ____Howard_and_Akiko_Hayman_______________________________,
whose address is
_____6840_Hyde_Park_Drive,_Unit_C,_San_Diego,_CA_92119________
(hereinafter referred to as "Lessor") and
__________________________________________________________
(hereinafter referred to as "Lessee").
W I T N E S S E T H :
WHEREAS, Lessor is the fee owner of certain real property
being, lying and situate in __San_Diego____ County,
___California____, such real property having a street
address of
__6840_Hyde_Park_Drive,_Unit_C,_San_Diego,_CA_92119_.
WHEREAS, Lessor is desirous of leasing the Premises to
Lessee upon the terms and conditions as contained herein;
and
NOW, THEREFORE, for and in consideration of the sum of
$____500_____the covenants and obligations contained herein
and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties
hereto hereby agree as follows:
1. TERM. Lessor leases to Lessee and Lessee leases from
Lessor the above described Premises together with any and
all appurtenances thereto, for a term of __NA__ year(s),
such term beginning on ____12/15/2009____, and ending at 12
o'clock midnight on ________NA____________.
2. RENT. The total rent for the term hereof is the sum of __Five_Hundred__________________
DOLLARS ($_500________) payable on the __1st_ day of each
month of the term, in equal installments of ______Five_Hundred____________
DOLLARS ($_500_________) first and last installments to be
paid upon the due execution of this Agreement, the second
installment to be paid on ____1/1/2010___________. All such
payments shall be made to Lessor at Lessor's address as set
forth in the preamble to this Agreement on or before the due
date and without demand.
3. DAMAGE DEPOSIT. Upon the due execution of this Agreement,
Lessee shall deposit with Lessor the sum of __Two_Hundred_Fifty________
DOLLARS ($_250____) receipt of which is hereby acknowledged
by Lessor, as security for any damage caused to the Premises
during the term hereof. Such deposit shall be returned to
Lessee, without interest, and less any set off for damages
to the Premises upon the termination of this Agreement.
4. USE OF PREMISES. The Premises shall be used and occupied
by Lessee and Lessee's immediate family, consisting of
____bedroom and detached bathroom with full kitchen
privileges__, exclusively, as a private single family
dwelling, and no part of the Premises shall be used at any
time during the term of this Agreement by Lessee for the
purpose of carrying on any business, profession, or trade of
any kind, or for any purpose other than as a private single
family dwelling. Lessee shall not allow any other person,
other than Lessee's immediate family or transient relatives
and friends who are guests of Lessee, to use or occupy the
Premises without first obtaining Lessor's written consent to
such use. Lessee shall comply with any and all laws,
ordinances, rules and orders of any and all governmental or
quasi-governmental authorities affecting the cleanliness,
use, occupancy and preservation of the Premises.
5. CONDITION OF PREMISES. Lessee stipulates, represents and
warrants that Lessee has examined the Premises, and that
they are at the time of this Lease in good order, repair,
and in a safe, clean and tenantable condition.
6. ASSIGNMENT AND SUB-LETTING. Lessee shall not assign this
Agreement, or sub-let or grant any license to use the
Premises or any part thereof without the prior written
consent of Lessor. A consent by Lessor to one such
assignment, sub-letting or license shall not be deemed to be
a consent to any subsequent assignment, sub-letting or
license. An assignment, sub-letting or license without the
prior written consent of Lessor or an assignment or
sub-letting by operation of law shall be absolutely null and
void and shall, at Lessor's option, terminate this
Agreement.
7. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no
alterations to the buildings or improvements on the Premises
or construct any building or make any other improvements on
the Premises without the prior written consent of Lessor.
Any and all alterations, changes, and/or improvements built,
constructed or placed on the Premises by Lessee shall,
unless otherwise provided by written agreement between
Lessor and Lessee, be and become the property of Lessor and
remain on the Premises at the expiration or earlier
termination of this Agreement.
8. NON-DELIVERY OF POSSESSION. In the event Lessor cannot
deliver possession of the Premises to Lessee upon the
commencement of the Lease term, through no fault of Lessor
or its agents, then Lessor or its agents shall have no
liability, but the rental herein provided shall abate until
possession is given. Lessor or its agents shall have thirty
(30) days in which to give possession, and if possession is
tendered within such time, Lessee agrees to accept the
demised Premises and pay the rental herein provided from
that date. In the event possession cannot be delivered
within such time, through no fault of Lessor or its agents,
then this Agreement and all rights hereunder shall
terminate.
9. HAZARDOUS MATERIALS. Lessee shall not keep on the
Premises any item of a dangerous, flammable or explosive
character that might unreasonably increase the danger of
fire or explosion on the Premises or that might be
considered hazardous or extra hazardous by any responsible
insurance company.
10. UTILITIES. Lessee shall be responsible for arranging for
and paying for all utility services required on the
Premises. THE FOLLOWING UTILITIES ARE INCLUDED: SDGE (UP TO
$50/MONTH), HOA FEES
11. MAINTENANCE AND REPAIR; RULES. Lessee will, at its sole
expense, keep and maintain the Premises and appurtenances in
good and sanitary condition and repair during the term of
this Agreement and any renewal thereof. Without limiting the
generality of the foregoing, Lessee shall:
(a) Not obstruct the driveways, sidewalks, courts, entry
ways, stairs and/or halls, which shall be used for the
purposes of ingress and egress only;
(b) Keep all windows, glass, window coverings, doors, locks
and hardware in good, clean order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during
any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any
window, rail, porch or balcony nor air or dry any of same
within any yard area or space;
(f) Not cause or permit any locks or hooks to be placed upon
any door or window without the prior written consent of
Lessor;
(g) Keep all air conditioning filters clean and free from
dirt;
(h) Keep all lavatories, sinks, toilets, and all other water
and plumbing apparatus in good order and repair and shall
use same only for the purposes for which they were
constructed. Lessee shall not allow any sweepings, rubbish,
sand, rags, ashes or other substances to be thrown or
deposited therein. Any damage to any such apparatus and the
cost of clearing stopped plumbing resulting from misuse
shall be borne by Lessee;
(i) And Lessee's family and guests shall at all times
maintain order in the Premises and at all places on the
Premises, and shall not make or permit any loud or improper
noises, or otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, phonographs,
etc., turned down to a level of sound that does not annoy or
interfere with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the
locations provided therefor and shall not allow any trash,
garbage, rubbish or refuse to be deposited or permitted to
stand on the exterior of any building or within the common
elements;
(l) Abide by and be bound by any and all rules and
regulations affecting the Premises or the common area
appurtenant thereto which may be adopted or promulgated by
the Condominium or Homeowners' Association having control
over them.
12. DAMAGE TO PREMISES. In the event the Premises are
destroyed or rendered wholly untenantable by fire, storm,
earthquake, or other casualty not caused by the negligence
of Lessee, this Agreement shall terminate from such time
except for the purpose of enforcing rights that may have
then accrued hereunder. The rental provided for herein shall
then be accounted for by and between Lessor and Lessee up to
the time of such injury or destruction of the Premises,
Lessee paying rentals up to such date and Lessor refunding
rentals collected beyond such date. Should a portion of the
Premises thereby be rendered untenantable, the Lessor shall
have the option of either repairing such injured or damaged
portion or terminating this Lease. In the event that Lessor
exercises its right to repair such untenantable portion, the
rental shall abate in the proportion that the injured parts
bears to the whole Premises, and such part so injured shall
be restored by Lessor as speedily as practicable, after
which the full rent shall recommence and the Agreement
continue according to its terms.
13. INSPECTION OF PREMISES. Lessor and Lessor's agents shall
have the right at all reasonable times during the term of
this Agreement and any renewal thereof to enter the Premises
for the purpose of inspecting the Premises and all buildings
and improvements thereon. And for the purposes of making any
repairs, additions or alterations as may be deemed
appropriate by Lessor for the preservation of the Premises
or the building. Lessor and its agents shall further have
the right to exhibit the Premises and to display the usual
"for sale", "for rent" or "vacancy" signs on the Premises at
any time within forty-five (45) days before the expiration
of this Lease. The right of entry shall likewise exist for
the purpose of removing placards, signs, fixtures,
alterations or additions, but do not conform to this
Agreement or to any restrictions, rules or regulations
affecting the Premises.
14. SUBORDINATION OF LEASE. This Agreement and Lessee's
interest hereunder are and shall be subordinate, junior and
inferior to any and all mortgages, liens or encumbrances now
or hereafter placed on the Premises by Lessor, all advances
made under any such mortgages, liens or encumbrances
(including, but not limited to, future advances), the
interest payable on such mortgages, liens or encumbrances
and any and all renewals, extensions or modifications of
such mortgages, liens or encumbrances.
15. LESSEE'S HOLD OVER. If Lessee remains in possession of
the Premises with the consent of Lessor after the natural
expiration of this Agreement, a new tenancy from
month-to-month shall be created between Lessor and Lessee
which shall be subject to all of the terms and conditions
hereof except that rent shall then be due and owing at _Five_Hundred_____
DOLLARS ($_500_______) per month and except that such
tenancy shall be terminable upon thirty (30) days written
notice served by either party.
16. SURRENDER OF PREMISES. Upon the expiration of the term
hereof, Lessee shall surrender the Premises in as good a
state and condition as they were at the commencement of this
Agreement, reasonable use and wear and tear thereof and
damages by the elements excepted.
17. ANIMALS. Lessee shall be entitled to keep no more than
______ (___) domestic dogs, cats or birds; however, at such
time as Lessee shall actually keep any such animal on the
Premises, Lessee shall pay to Lessor a pet deposit of
_______________________ DOLLARS ($_________),
___________________ DOLLARS ($_________) of which shall be
non-refundable and shall be used upon the termination or
expiration of this Agreement for the purposes of cleaning
the carpets of the building. NO PETS ARE ALLOWED
18. QUIET ENJOYMENT. Lessee, upon payment of all of the sums
referred to herein as being payable by Lessee and Lessee's
performance of all Lessee's agreements contained herein and
Lessee's observance of all rules and regulations, shall and
may peacefully and quietly have, hold and enjoy said
Premises for the term hereof.
19. INDEMNIFICATION. Lessor shall not be liable for any
damage or injury of or to the Lessee, Lessee's family,
guests, invitees, agents or employees or to any person
entering the Premises or the building of which the Premises
are a part or to goods or equipment, or in the structure or
equipment of the structure of which the Premises are a part,
and Lessee hereby agrees to indemnify, defend and hold
Lessor harmless from any and all claims or assertions of
every kind and nature.
20. DEFAULT. If Lessee fails to comply with any of the
material provisions of this Agreement, other than the
covenant to pay rent, or of any present rules and
regulations or any that may be hereafter prescribed by
Lessor, or materially fails to comply with any duties
imposed on Lessee by statute, within seven (7) days after
delivery of written notice by Lessor specifying the
non-compliance and indicating the intention of Lessor to
terminate the Lease by reason thereof, Lessor may terminate
this Agreement. If Lessee fails to pay rent when due and the
default continues for seven (7) days thereafter, Lessor may,
at Lessor's option, declare the entire balance of rent
payable hereunder to be immediately due and payable and may
exercise any and all rights and remedies available to Lessor
at law or in equity or may immediately terminate this
Agreement.
21. LATE CHARGE. In the event that any payment required to
be paid by Lessee hereunder is not made within three (3)
days of when due, Lessee shall pay to Lessor, in addition to
such payment or other charges due hereunder, a "late fee" in
the amount of ________NA_______________ ($____NA____).
22. ABANDONMENT. If at any time during the term of this
Agreement Lessee abandons the Premises or any part thereof,
Lessor may, at Lessor's option, obtain possession of the
Premises in the manner provided by law, and without becoming
liable to Lessee for damages or for any payment of any kind
whatever. Lessor may, at Lessor's discretion, as agent for
Lessee, relet the Premises, or any part thereof, for the
whole or any part thereof, for the whole or any part of the
then unexpired term, and may receive and collect all rent
payable by virtue of such reletting, and, at Lessor's
option, hold Lessee liable for any difference between the
rent that would have been payable under this Agreement
during the balance of the unexpired term, if this Agreement
had continued in force, and the net rent for such period
realized by Lessor by means of such reletting. If Lessor's
right of reentry is exercised following abandonment of the
Premises by Lessee, then Lessor shall consider any personal
property belonging to Lessee and left on the Premises to
also have been abandoned, in which case Lessor may dispose
of all such personal property in any manner Lessor shall
deem proper and Lessor is hereby relieved of all liability
for doing so.
23. ATTORNEYS' FEES. Should it become necessary for Lessor
to employ an attorney to enforce any of the conditions or
covenants hereof, including the collection of rentals or
gaining possession of the Premises, Lessee agrees to pay all
expenses so incurred, including a reasonable attorneys' fee.
24. RECORDING OF AGREEMENT. Lessee shall not record this
Agreement on the Public Records of any public office. In the
event that Lessee shall record this Agreement, this
Agreement shall, at Lessor's option, terminate immediately
and Lessor shall be entitled to all rights and remedies that
it has at law or in equity.
25. GOVERNING LAW. This Agreement shall be governed,
construed and interpreted by, through and under the Laws of
the State of ____California____.
26. SEVERABILITY. If any provision of this Agreement or the
application thereof shall, for any reason and to any extent,
be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other
persons, entities or circumstances shall be affected
thereby, but instead shall be enforced to the maximum extent
permitted by law.
27. BINDING EFFECT. The covenants, obligations and
conditions herein contained shall be binding on and inure to
the benefit of the heirs, legal representatives, and assigns
of the parties hereto.
28. DESCRIPTIVE HEADINGS. The descriptive headings used
herein are for convenience of reference only and they are
not intended to have any effect whatsoever in determining
the rights or obligations of the Lessor or Lessee.
29. CONSTRUCTION. The pronouns used herein shall include,
where appropriate, either gender or both, singular and
plural.
30. NON-WAIVER. No indulgence, waiver, election or
non-election by Lessor under this Agreement shall affect
Lessee's duties and liabilities hereunder.
31. MODIFICATION. The parties hereby agree that this
document contains the entire agreement between the parties
and this Agreement shall not be modified, changed, altered
or amended in any way except through a written amendment
signed by all of the parties hereto.
Howard S. Hayman
Lessor
Akiko I. Hayman
Lessor
Lessee
Lessee |
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