320 1/2 S Pacific St

Lease terms

RESIDENTIAL LEASE AGREEMENT Accessory Dwelling Unit (ADU) 320 S. Pacific St., Oceanside, California 92054 This Residential Lease Agreement ("Agreement") is entered into on ____________________________, 20___, by and between: Landlord: ____________________________, an individual with an address for notice of 320 S. Pacific St., Oceanside, CA 92054, or such other address as Landlord designates in writing ("Landlord"), and Tenant(s): ____________________________ ("Tenant," whether one or more), collectively the "Parties." Landlord and Tenant agree as follows. Where a blank is left unfilled, the Parties agree the corresponding term is not applicable, unless and until completed in writing and initialed by both Parties. 1. PREMISES Landlord leases to Tenant, and Tenant leases from Landlord, solely the detached accessory dwelling unit ("ADU" or "Premises") located at the rear of the property commonly known as 320 S. Pacific St., Oceanside, CA 92054 (the "Property"), described as the back house / ADU consisting of: ____________________________ (bedrooms/bathrooms/sq. ft., if desired). The Premises does not include the main house, any other structure on the Property, or any portion of the Property except as expressly granted in Section 2 below. 1.1 Exclusions No Shared Spaces Tenant acknowledges and agrees that the following areas are not part of the leased Premises, are not common areas, and are reserved for Landlord's exclusive use, access, and control, with no license, easement, or right of use, passage, or storage granted to Tenant except for direct ingress and egress along the path expressly designated by Landlord in Section 2.2: The main house and all interior and exterior portions of the main house, including any porches, garages, or attached structures; The front deck and front yard of the Property; The backyard of the main house and any yard area not specifically assigned to the ADU in Section 2.2; Any storage sheds, garages, driveway parking areas, laundry facilities, or utility areas not specifically assigned to the ADU in Section 2.2; The following additional areas: ____________________________. Tenant shall not enter, use, or store any property in any excluded area without Landlord's prior written consent for each instance. Unauthorized entry into an excluded area may be treated by Landlord as a material breach of this Agreement and, where applicable, as a trespass. 1.2 Assigned Areas (if any) The only areas outside the four walls of the ADU that Tenant may use are: ____________________________ (e.g., a specific walkway for ingress/egress, a specific designated parking space, or a specific patio area immediately adjacent to the ADU). Any area not listed here is excluded under Section 1.1. 2. TERM This Agreement begins on ____________________________, 20___ and shall continue as a: n Fixed-Term Lease ending on ____________________________, 20___, with no automatic renewal unless a new written agreement is signed by both Parties; or n Month-to-Month Tenancy, terminable by either Party upon ______________ days' written notice, or the minimum notice period required by California law, whichever is greater. 2.1 No Holdover Tenancy Created by Delay. Landlord's acceptance of a late move-in, a delayed start date, or any partial rent payment does not create a month-to-month or other tenancy beyond what is expressly stated above, and does not waive Landlord's right to enforce the term stated in this Section. 3. RENT Tenant shall pay Landlord rent of $____________________________ per month, due in advance on the ______________ day of each month, payable by ____________________________. Rent is due regardless of whether Tenant has requested or received repairs, unless otherwise required by California law. 3.1 Late Charges. If rent is not received within ______________ days of the due date, Tenant shall pay a late charge of $____________________________, which the Parties agree is a reasonable estimate of Landlord's actual damages and not a penalty. 3.2 Returned Payments. Tenant shall pay a charge of $____________________________ for any payment returned for insufficient funds, plus any late charge that accrues as a result. 3.3 No Offset. Tenant may not withhold or offset rent against amounts Tenant believes are owed by Landlord, except as expressly permitted by California law and only after providing Landlord written notice and a reasonable opportunity to cure. 4. SECURITY DEPOSIT Tenant shall pay a security deposit of $____________________________ prior to taking possession of the Premises. The deposit, together with any pet deposit under Section 9, shall not exceed the maximum allowed under California Civil Code 1950.5 as amended. The deposit may be applied by Landlord to unpaid rent, damage beyond normal wear and tear, cleaning necessary to return the Premises to its move-in condition, and any other lawful deduction, with an itemized statement and any remaining balance returned within the time required by law after Tenant vacates and returns possession in full. 4.1 No Use of Deposit as Last Month's Rent. Tenant may not apply the security deposit toward any rent payment, including the final month of tenancy, without Landlord's prior written consent. 5. USE OF PREMISES AND OCCUPANCY The Premises shall be used solely as a private residence for Tenant and the following occupants only: ____________________________. No other person may reside at or occupy the Premises, even temporarily, without Landlord's prior written consent. No business, commercial, or short-term rental (including listing the Premises or any part of the Property on Airbnb, VRBO, or similar platforms) use is permitted. 5.1 Guests. Guests may not stay at the Premises for more than ______________ consecutive days, or ______________ days total in any twelve-month period, without Landlord's prior written consent. Any guest exceeding this limit shall be considered an unauthorized occupant subject to Section 14. 6. UTILITIES, MAINTENANCE, AND REPAIRS Tenant is responsible for the following utilities/services: ____________________________. Landlord is responsible for: ____________________________. Tenant shall maintain the Premises in a clean and sanitary condition, promptly notify Landlord in writing of any needed repairs or unsafe conditions, and shall be responsible for damage caused by Tenant's negligence, misuse, or that of Tenant's guests or pets, beyond normal wear and tear. 6.1 No Alterations. Tenant shall not paint, remodel, install fixtures, change locks, drill, attach satellite or other equipment, or otherwise alter the Premises without Landlord's prior written consent. Any approved alterations become part of the Premises and remain with the Property upon move-out unless Landlord requests removal and restoration at Tenant's expense. 6.2 Right of Entry. Landlord may enter the Premises with notice required by California Civil Code 1954 (generally 24 hours) to make repairs, show the unit, or for other lawful purposes, and may enter without notice in case of emergency or where Tenant has abandoned or surrendered the Premises. 6.3 Assumption of Risk Roofs, Ladders, and Elevated Areas The roof, attic, eaves, gutters, and any other elevated, restricted, or non-living area of the ADU or the Property are not part of the leased living space and are off-limits to Tenant. Tenant shall not climb on the roof, use a ladder, or otherwise access any elevated area of the Premises or Property for any reason, including maintenance, decoration, recreation, or retrieval of objects, without Landlord's prior written consent and supervision. If Tenant nonetheless does so, Tenant does so voluntarily, at Tenant's own risk, and not at Landlord's request or direction. Landlord shall have no liability for any injury, death, or property damage arising from Tenant's (or Tenant's guests' or occupants') use of a ladder or access to any roof or elevated area, and Tenant agrees to indemnify, defend, and hold Landlord harmless from any claim arising from such use, to the fullest extent permitted by California law. 7. PETS Subject to the terms below, Tenant is permitted to keep the following pet(s) only: ____________________________ (species/breed/name/weight), and no other animal, on the Premises. No additional or replacement pet may be brought onto the Premises without Landlord's prior written consent. 7.1 Pet Deposit / Pet Rent Tenant shall pay an additional pet deposit of $____________________________ and/or monthly pet rent of $____________________________, subject to the combined deposit limit described in Section 4. 7.2 Containment, Behavior, and Designated Areas Tenant's pet(s) shall be kept inside the ADU or within the area(s) assigned in Section 1.2 only, shall be leashed or otherwise under Tenant's physical control at all times outside the ADU, and shall never be permitted to enter the main house, front deck, backyard, or any other excluded area listed in Section 1.1, or to approach the main house occupants, their guests, or their own pets. Tenant shall immediately remove and properly dispose of all pet waste. Landlord may, at Landlord's reasonable discretion, revoke permission for a pet to remain on the Premises upon written notice if the pet exhibits aggressive, destructive, or otherwise problematic behavior, causes property damage, or generates complaints, and Tenant shall have a reasonable cure period as specified by Landlord, or remove the pet from the Premises permanently, except where doing so would violate applicable assistance/service animal law. 7.3 Tenant Liability and Indemnification for Pets Tenant is solely and strictly responsible for the conduct of Tenant's pet(s) at all times, including any bite, attack, injury, frightening of any person or animal, or property damage caused by the pet, regardless of whether the pet has previously shown any such tendency. Tenant agrees to indemnify, defend, and hold Landlord harmless from and against any and all claims, demands, damages, fines, veterinary bills, attorney's fees, and liability of any kind arising out of or related to Tenant's pet(s), including claims brought by other occupants of the Property, neighbors, visitors, animal control, or any third party. This obligation survives termination of this Agreement. 7.4 Tenant acknowledges Landlord makes no representation regarding the temperament of any other animals on or near the Property, and Tenant's pet(s) are kept on the Premises at Tenant's own risk. 8. INSURANCE AND GENERAL INDEMNIFICATION Tenant shall obtain and maintain a renter's insurance policy with liability coverage of at least $____________________________, naming Landlord as an interested party if requested, and shall provide proof of coverage to Landlord upon request. Landlord is not responsible for loss or damage to Tenant's personal property from any cause, including fire, theft, water, or act of God, except where caused by Landlord's gross negligence or willful misconduct. 8.1 To the fullest extent permitted by California law, Tenant agrees to indemnify, defend, and hold harmless Landlord from any claim, loss, injury, or damage arising from Tenant's use of the Premises, Tenant's violation of this Agreement, or the acts or omissions of Tenant, Tenant's occupants, guests, invitees, or pets, except to the extent caused by Landlord's gross negligence or willful misconduct. Nothing in this Agreement waives any right or protection Tenant has under California law that cannot be waived by contract, including Landlord's nondelegable duty to maintain the Premises in habitable condition under Civil Code 1941. 9. ASSIGNMENT AND SUBLETTING Tenant shall not assign this Agreement or sublet all or any part of the Premises, list the Premises on any short-term rental platform, or otherwise grant any third party a right to occupy the Premises, without Landlord's prior written consent, which may be withheld in Landlord's sole discretion. Any unauthorized assignment or sublease is void and constitutes a material breach. 10. UNAUTHORIZED OCCUPANTS, HOLDOVER, AND PROTECTION AGAINST SQUATTING 10.1 No Tenancy by Conduct. No person other than Tenant(s) named in this Agreement acquires any leasehold interest, tenancy, or right to occupy the Premises by virtue of residing at, receiving mail at, storing property at, or being present at the Premises, regardless of duration, unless that person is added to this Agreement in writing and signed by Landlord. Landlord's knowledge of, or failure to immediately object to, an unauthorized occupant's presence does not create a tenancy or any right of occupancy in that person's favor. 10.2 Holdover. If Tenant or any occupant remains in possession after the end of the Term or after a notice to terminate has expired, without Landlord's written consent, that possession is without right, Landlord may pursue all remedies available under California law, including unlawful detainer proceedings, and Tenant shall be liable for holdover rent at 150% of the most recent monthly rent, prorated daily, plus any damages caused by the holdover, until possession is fully restored to Landlord. 10.3 Abandonment. If Tenant vacates the Premises, removes substantially all personal property, and fails to pay rent for the period required under California Civil Code 1951.3, or otherwise gives Landlord reasonable grounds to believe the Premises have been abandoned, Landlord may follow the notice and re-entry procedure set out in that statute to recover possession. 10.4 No Self-Help Waiver / Lawful Process Only. Nothing in this Section authorizes Landlord to change locks, remove Tenant's belongings, shut off utilities, or otherwise forcibly exclude Tenant without following the lawful unlawful detainer process required by California law; this Section is intended solely to make clear that no unauthorized occupant, guest, or holdover Tenant obtains any tenancy, license, or possessory right by mere lapse of time, and that Landlord does not waive any right to pursue formal eviction by accepting partial payment or delaying legal action. 10.5 Acceptance of Payment During Dispute. If Landlord accepts a payment from Tenant or any occupant after a notice to vacate has been served, that acceptance is for use and occupancy only, does not reinstate the tenancy, waive the notice, or create a new tenancy, unless Landlord states otherwise in writing. 11. DEFAULT AND TERMINATION Tenant shall be in default upon failure to pay rent when due, violation of any term of this Agreement, or violation of law on the Premises, subject to any notice and cure period required by California law. Upon default, Landlord may terminate this Agreement and pursue all remedies available at law, including recovery of unpaid rent, damages, and reasonable attorney's fees, to the extent permitted by law. 12. NOTICES All notices shall be in writing and delivered by hand, mail, or as otherwise permitted by California law to: Landlord at ____________________________; Tenant at the Premises or at ____________________________. 13. ADU AND PROPERTY-SPECIFIC TERMS This Premises is a legally permitted accessory dwelling unit located on a property with a main residence occupied by ____________________________. Tenant acknowledges the ADU and main house are separate, independent living spaces with no shared interior access, and agrees to respect the privacy and exclusive use rights of the main house occupants at all times. Parking, if any, is limited to: ____________________________. 14. GENERAL PROVISIONS 14.1 Governing Law. This Agreement is governed by the laws of the State of California, with venue in San Diego County. 14.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force. 14.3 Entire Agreement. This Agreement, together with any attached addenda, is the entire agreement between the Parties and supersedes any prior oral or written agreement. 14.4 Joint and Several Liability. If more than one Tenant signs this Agreement, each is jointly and severally liable for all obligations. 14.5 Amendments. This Agreement may only be modified in writing, signed by both Parties. 14.6 Waiver. Landlord's failure to enforce any provision is not a waiver of the right to enforce it later. 14.7 Attorney's Fees. In any action arising from this Agreement, the prevailing party is entitled to reasonable attorney's fees and costs, to the extent permitted by law. By signing below, the Parties acknowledge they have read, understood, and agree to be bound by all terms of this Agreement, including all subsections above.