Preview
FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023
NYSCEF DOC. NO. 81
RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023
October 18, 2023
RENTAL AGREEMENT
THIS RENTAL AGREEMENT IS MADE AS of October 18, 2023, by and between RedactedRedactedRedacted
(hereinafter "Landlord"), and Mor Ohana RedactedRedactedRedacted (hereinafter "Resident", if more than one, each
shall be jointly and severally liable and are all collectively referred to as "Resident" herein). This Rental Agreement will only be
effective upon the signature of two representatives of Landlord.
1. Definitions:
A. Premises: Address is RedactedRedacted Los Angeles, CA 90028.
B. Term: Commences on October 18, 2023, and ends on January 16, 2025 at 11:59 PM, after which term shall
continue on a as tenancy from month to month
C. Rent Per Month: three thousand five hundred seventy-eight dollars and sixty one cents ($3,578.61)
Resident agrees to pay to Landlord for each month during the full Term of this Rental Agreement the sum of *: $3,578.61
Monthly Rent
Base Rent for the Premises $3,575.00
Additional rent for Systematic Code Enforcement Program (SCEP) Fees $3.61
Parking space rent for one private passenger vehicle only $0.00
TOTAL MONTHLY RENT* $3,578.61
D. Rent Due Date: 1st of each calendar month.
E. Security Deposit: Three thousand five hundred seventy-five dollars ($3,575.00)
F. Total Number of Occupants: Three (3)
Occupants not listed above as "Residents":
N/A
G. Authorized Pets:
No pets have been authorized at this time.
H. Assigned Parking Space:
Parking Spaces # Garage # Carport # Storage #
N/A N/A N/A
I. Guarantor(s): N/A
J. Authorized Manager of Premises: RedactedRedactedRedactedRedactedRedactedRedactedRedacted
Redacted
K. Authorized Agent of Landlord: RedactedRedactedRedactedRedactedRedactedRedactedRedactedRedacted
L. Community: RedactedRedactedRedacted
2. Premises: The Premises hereby leased consist of a residential unit together with the furnishings listed below, if any, and
assigned Parking Space(s). With respect to the above described property herein referred to as "Premises", it shall also,
where appropriate, be read as written, residence, apartment or unit. The Parking Space(s) designated may be changed
from time to time at Landlord's option. Designated and open parking spaces may be occupied by private passenger
vehicles only. Use of these spaces for storage or parking of other types of vehicles including but not limited to recreational
vehicles is prohibited unless written permission is obtained from Landlord. Any storage space provided to Resident by
Landlord is furnished gratuitously and Landlord shall not be liable for any loss or injury to Resident's property placed within.
3. Term: Landlord makes no representation that the Premises will be ready for occupancy on the commencement date of the
Term. If Landlord is unable to deliver possession of the Premises at the commencement of the Term, Landlord shall not be
liable in damages to Resident, but Rent covering the period between the commencement of the Term and the time when
Landlord delivers possession shall be waived, and if Landlord is not able to deliver possession within thirty (30) days of the
commencement date of the Term, either Party may, prior to the time when Landlord delivers possession, cancel this
Rental Agreement by giving written notice to the other.
4. Option To Terminate: Resident is expected to remain a Resident for the entire Term specified in the Rental Agreement. If
Resident vacates before the end of the Term, Resident will be responsible to Landlord for all damages provided by law,
including, but not limited to, rent due through the end of the Rental Agreement Term, minus rents paid by a replacement
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resident (if any). The amount will vary depending upon how long it takes the Landlord to find a replacement resident.
Therefore, this amount cannot be determined in advance and it is difficult to estimate.
To avoid this uncertainty, Resident may choose to exercise an early termination option by choosing to pay a flat early
termination fee in advance, rather than remaining liable for rent due through the end of the Rental Agreement Term. To
exercise this option, Resident must deliver to Landlord an Intent To Vacate form with the early termination option checkbox
marked and pay Landlord an early termination fee of equivalent to One and Half Month's Rent plus the full amount of
move-in concessions, discounts, promotions and/or specials received by Resident as defined in section 1. Definitions
above, all at time of giving notice.
When Landlord has received the signed Intent to Vacate form and, if applicable, payment of early termination fee plus the
full amount of move-in concessions, discounts, promotions and/or specials received by Resident as defined in section 1.
Definitions above, the Rental Agreement termination date will be amended. The new termination date will be the date
specified in the notice which must be at least thirty days after the written Intent to Vacate form and the payment(s) are all
given to Landlord. Exercise of the early termination option will only release Resident from any further rental obligations
beyond the date the termination is effective. However, all of the terms of the Rental Agreement must be complied with
through the date of vacating the Premises on or before the effective date of the termination, including payment of rent
through end of thirty (30) day notice. The Intent to Vacate form will not accelerate the termination date and Landlord shall
retain all remedies for non-compliance and Resident shall be liable for any damages for non-compliance if: 1) Resident is
in default under the Rental Agreement at the time that Resident gives Landlord the Intent to Vacate form; 2) Resident
provides the Intent to Vacate form unaccompanied by the payment(s) above; or 3) Resident does not properly exercise the
early termination option by following the procedure specified above, but vacates before the termination date specified in
the Rental Agreement.
Resident shall be liable for any damages for non-compliance or failure to properly vacate pursuant to the thirty (30) day
termination notice.
5. Option To Terminate - Military: Military personnel on active duty may terminate this Rental Agreement without penalty if:
A. Resident becomes a member of the Armed Forces of the United States after Resident enters into the Rental
Agreement; or
B. Resident is or becomes a member of the Armed Forces of the United States and receives;
1. Orders for a permanent change of station; or
2. Orders to deploy for a period of at least 90 days.
Resident will be required to give written 30-day notice of termination. Resident must furnish official military orders, or any
notification, certification, or verification from Resident's commanding officer regarding Resident's current or future military
duty status (deployment or permanent change of station). Resident must comply with all other terms of the Rental
Agreement through the date of vacating the Premises on or before the effective date of the termination, including payment
of rent through end of thirty (30) day notice.
6. Rent: Resident expressly agrees to pay Landlord Rent for the Premises each month in advance on or before Rent Due
Date. A fee of $25.00 shall be charged to the Resident if any Non-Sufficient Fund Checks are returned from the bank. All
replacement payments for Non-Sufficient Fund Checks must be made by Money, Cashier’s Check, Money Order, or
Electronic Payment (if available). After receipt of two (2) Non-Sufficient Fund Checks in any twelve (12) month period,
Landlord will only accept Money Order, Cashier's Check, and Electronic Payment (if available) for payment of Rent. If a
late fee has not already been charged to Resident, a late fee shall be charged to Resident if a Non-Sufficient Fund Check
is returned from the bank and not replaced to the Landlord on or before the late day. Because of the concern of theft,
Resident agrees to make all rent payments by Personal Check, Cashier's Check, Money Order and/or, and Electronic
Payment (if available); no cash will be accepted.
7. Utilities: Resident shall pay all charges for Gas, Electric, Water, Sewer, Trash, Cable and, Telephone. For information
about utilities, see the Utility Addendum.
8. Utility Deregulation:
A. Owner Controls Selection: Landlord has advised Resident that __________________ ("Utility") is currently the utility
company selected by Landlord to provide electricity service for the Community and its units. Notwithstanding the
foregoing, if permitted by law, Owner shall have the right at any time and from time to time during the Rental
Agreement Term to either contract for service from a different company or companies providing electricity service
(each different company shall hereinafter be referred to as an "Electric Service Provider" ("ESP")) or continue to
contract for service from the Utility for the Community's common areas and its units.
B. Resident Shall Give Landlord Access: Resident shall cooperate with Landlord, the Utility, and any ESP at all times
and, as reasonably necessary, shall allow Landlord, Utility, and any ESP reasonable access to the Community's
electric lines, feeders, risers, wiring, and any other machinery within the unit.
C. Owner Not Responsible For Interruption Of Service: Landlord shall in no way be liable or responsible for any loss,
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damage, or expense that Resident may sustain or incur by reason of any change, failure, interference, disruption, or
defect in the supply or character of the electric energy furnished to the Community or to the unit, or if the quantity or
character of the electric energy supplied by the Utility or ESP is no longer available or suitable for Resident's
requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or
constructive eviction, in whole or in part, or entitle Resident to any abatement or diminution of rent, or relieve Resident
from any obligation under the Rental Agreement.
D. Resident Responsible For Damage And Losses Caused By Resident's Provider: To the extent that Resident is
permitted by law to select an ESP other than the company selected by Landlord, Resident shall:
i. Reimburse Landlord for the cost of repairing any and all damage to the Premises and to the Community's common
areas caused directly or indirectly by Resident's ESP or its equipment. Landlord reserves the right to deduct said
costs from the Resident's Security Deposit.
ii. Indemnify and hold Landlord harmless from and against any and all claims, demands, costs, expenses (including
attorney's fees) and causes of actions arising out of or in any manner relating to actions or inaction by Resident's
ESP, including, but not limited to, expenses and or fines incurred by Landlord in the event that Resident's ESP fails
to provide power or provides insufficient power.
9. Pets: Resident is not authorized to maintain any pets on the Premises unless specifically indicated in the Definitions
Section "Authorized Pets", or otherwise authorized in writing by Landlord. All pets are subject to Landlord approval.
Resident accepts responsibility for all acts and liabilities for the pet while on the Premises including the common areas.
Assistive animals for the disabled are not considered to be pets, but do require advance written approval of Landlord.
10. Security Deposit: Upon execution hereof, Resident shall also pay Landlord a Security Deposit as security for the faithful
performance of Resident's obligations hereunder. The Security Deposit may be used to compensate Landlord for
Resident's default in rental payments, to repair damages to the Premises (exclusive of ordinary wear and tear) caused by
Residents, Occupants, and Resident's guests, to clean the Premises, and to remedy future defaults by Resident in any
obligation under the Rental Agreement including the obligation to restore, replace or return personal property or
appurtenances, exclusive of ordinary wear and tear. After the expiration of the Term, or any extension thereof, and upon
receipt of notice that the unit is vacated, disposition of the Security Deposit will be made according to the provisions of
Section 1950.5 of the Civil Code. Landlord shall have the right to commingle the Security Deposit with other funds of
Landlord.
11. Resident Insurance Requirement: Resident's property is not insured by Landlord. Landlord recommends that Resident
obtain coverage for Resident's personal property. Resident agrees to maintain at Resident's sole expense a standard type
of Tenant's or Renter's homeowner's insurance policy, or its equivalent, issued by a licensed insurance company of
Resident's selection which provides limits of liability of at least $100,000.00 personal liability. The Premises listed above
must be listed as the location of the Resident insured. Landlord must be listed as Certificate Holder and the carrier must
provide 30 days' notice of cancellation, non-renewal or material change to the Landlord. The policy shall not contain any
exclusionary language for damages to the rented premises. Failure to comply with this requirement is a material violation
of this Rental Agreement.
12. Payments: Rent and all other charges due Landlord hereunder shall be payable to: RedactedRedacted
RedactedRedactedRedactedRedactedRedactedRedactedRedacted , at Community Leasing Office, or at such
other place or in such other manner as Landlord may from time to time designate. Payments will only be accepted in the
form of Personal Check, Cashier's Check, Money Order and/or, Electronic Payment (if available). Cash will not be
accepted for rent and all other charges due Landlord. Payments made in person shall be delivered to Landlord between
the hours noted on the following days of the week: Daily 9:00am-6:00pm.
13. Late Charge and Interest: Resident acknowledges that late payment by Resident to Landlord of rent will cause Landlord
to incur costs not contemplated by this Rental Agreement, the exact amount of such costs being extremely difficult and
impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may
be imposed on Landlord by the terms of any encumbrance and note secured by an encumbrance covering the Premises.
Rent is due and payable in advance on the FIRST day of each month. Rent delivered after the third of the month must
include a $34.50 late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs
that Landlord will incur by reason of late payment by Resident. Acceptance of any late charge shall not constitute a waiver
of Resident's default with respect to the overdue amount, nor prevent Landlord from exercising any of the other rights and
remedies available to Landlord. In addition to the late charge, interest will accrue on any unpaid amount at the legal rate of
ten percent (10%) per year beginning on the date on which the delinquent amount was due. Late charges and interest due
are in addition to, and not in lieu of, any of Landlord's other remedies.
14. Condition of Premises: Resident has inspected the Premises and common areas and upon taking possession knows of
their condition and the potential hazards they present to all persons including but not limited to, Occupants and guests.
These potential hazards include but are not limited to lakes, streams, swimming pools, parking areas, balconies, stairs,
windows, and recreation areas. Resident accepts them in such condition, agreeing that no statement or representation as
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to condition has been made by Landlord. Landlord shall have no liability to make any repairs nor shall the rights of the
Residents to make said repairs accrue, except in an emergency, unless the Resident has given written notice to Landlord,
and Landlord has had a reasonable time to remedy said conditions, which it may be obligated to make.
15. Neighborhood Conditions: The Community may be situated adjacent to commercial areas. Resident is advised to make
themselves aware of neighborhood or area conditions, including but not limited to; schools, proximity and adequacy of law
enforcement, other governmental services; proximity to commercial, industrial, agricultural activities, or cell phone towers;
existing and proposed transportation, construction and/or development that may affect noise, view, or traffic; in addition to
any noise or odor from any source and other nuisances, hazards, or circumstances.
16. Keys/Access Control Devices:
A. Key(s) to the Premises. The Premises have been rekeyed.
B. Key(s) to mailbox no.: 464
C. Opener(s) for garage door/gate codes has been reset
D. List number of keys: Unit: 2, Mailbox: 1, Garage: 1
E. List number of remote controls:
F. List number of fobs/access cards: Key fobs: 1,
G. Because Landlord may need access to the Premises in case of an emergency, Resident may not change any locks or
install additional security devices in the Premises without Landlord's consent. If permission is granted, Resident must
provide Landlord with copies of keys and any other information or items needed to provide Landlord with access and
Resident may not later remove locks or the additional security devices without Landlord's consent.
H. Keys/remotes/openers/access cards/fobs/parking permits are for the exclusive use of RedactedRedacted
Redacted residents only. They are not to be given or loaned to anyone. Resident agrees to a charge of $25.00 per
key, $0.00 per amenity key, $0.00 per garage key, $100.00 per fob, $0.00 per access card, $0.00 per remote control
and $0.00 per parking permit as the cost of replacement of items. Resident has received and upon termination of this
Rental Agreement shall return to Landlord, any keys listed above as well as any remote controls and fobs/access
cards/parking permits.
I. There will be a $100.00 charge to Resident if Resident requests locks to be re-keyed. During non-business office hours
there will be a $100.00 charge to Resident for providing access to the unit or alternatively Resident may contact a
locksmith at Resident's expense.
17. Use of Premises: Resident agrees to use and maintain the Premises as follows:
A. Solely as a private residence for the Resident and the Occupants and no other person or persons without Landlord's
prior written consent.
B. Resident and Occupants may have overnight guests for no more than 10 consecutive nights in any month, and no
more than two (2) overnight guests at a time unless Landlord provides specific approval. Resident must obtain
Landlord's prior written consent to change Residents or add additional Occupants.
C. Use the Premises and all common areas in accordance with Landlord's Rules and Regulations, a copy of which
Resident has received.
D. Not violate any law or ordinance of any governmental authority with respect to the Premises or any common areas.
E. Not have on the Premises an aquarium or any equivalent type of device with a capacity in excess of 20 gallons
without prior written consent of Landlord. Waterbeds are permitted only in accordance with California law which
requires insurance protecting Landlord in an amount not less than $100,000.00, and an increase in Resident's security
deposit equal to one-half month's rent. Resident must also install, maintain, and dismantle the bed in accordance with
industry standards.
F. Keep the interior and exterior of the Premises during the Term hereof in good and clean condition, free of trash and
unsightly material, including storage of personal items on patio, balconies, breezeways, entryway or by exterior door
into unit.
G. Not use railings as clotheslines, aluminum foil on window, erect aerials of any kind, or exterior shades or structures.
H. The storage or use of gas or charcoal grills/barbecues on patios or balconies is prohibited.
I. Not repair or do maintenance work of any kind on any vehicle at the Community, nor park inoperable vehicles at the
Community, or those lacking engine, transmission, wheels, tires, doors, windshield or any other major part or
equipment.
J. Return the Premises to Landlord in as good condition as upon the commencement of the Term, reasonable wear and
tear excepted.
K. Not to introduce any hazardous or toxic material onto the Community.
L. Storage of any kind in the water heater closet area is prohibited.
M. Utilize power strips with surge protector and reset button in lieu of extension cords in accordance with local fire codes.
N. Do not tamper with, attach anything to, or hang anything from a fire sprinkler and/or a fire horn.
18. Rules and Regulations: Resident agrees to abide by Landlord's Rules and Regulations and use the Premises and all
common areas in accordance with same. The Landlord's Rules and Regulations are hereby made a part of this Rental
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Agreement. Resident understands that Landlord may periodically modify the rules and regulations during the lease term by
delivering advanced written notice to Resident.
19. Recycling and Garbage: Resident must dispose of all garbage, waste and recyclable materials in designated containers
and/or designated areas and in accordance with applicable law and Landlord instructions. Unless Landlord indicates
otherwise, Resident may not dispose of large items at Community garbage containers and/or common areas.
20. Waste, Quiet Enjoyment and Responsibility: Resident shall not commit or permit any waste upon the Premises or any
nuisance or other act or thing which may disturb the quiet enjoyment of any other resident or person in or about the
adjoining units.
A. Resident shall be responsible for Resident's conduct and the conduct of all Occupants and guests residing with them in
the Premises or visiting occupants at the Community. All Occupants and guests must obey Landlord's Rules and
Regulations. Resident shall be solely responsible to see that their Occupants and guests obey these Rules and
Regulations. Resident, Occupants and guests under Resident's control may not abuse, harass (sexually or otherwise)
or threaten Landlord or Landlord's agents, employees, and others at the Community. Violation of these provisions shall
constitute grounds for immediate termination of this Rental Agreement at the option of Landlord.
B. Resident shall not use in any wasteful or unreasonable or hazardous manner any of the utilities furnished by Landlord
nor keep or maintain any mechanical, electrical or other appliance or device operated by said utilities except herein
listed and specifically approved by Landlord.
21. Repairs: Resident shall make no repairs to the Premises, except for routine cleaning and maintenance, unless Landlord
gives Resident prior written authorization to do so. If repairs to the Premises are required, Resident shall notify Landlord
immediately. Landlord shall repair and maintain the Premises and every portion thereof and the cost of such repair and
maintenance shall be borne as follows:
A. Landlord's Obligations: If the condition requiring repair is one which makes the Premises, "untenantable" as defined in
California Civil Code Section 1941.1, Landlord shall bear the expense of the repair unless the "untenantable" condition
is occasioned by any of the following, in which event Resident shall bear the expense of repair:
i. Resident's want of ordinary care;
ii. Resident's failure to keep the Premises clean and sanitary;
iii. Resident's failure to dispose of all rubbish, garbage and other waste;
iv. Resident's failure to properly use and operate all electrical, gas and plumbing fixtures and keep them clean and
sanitary;
v. Resident, or any person on the Premises with Resident's permission, willfully or wantonly destroying, defacing,
damaging, impairing, or removing any part of the Premises or the facilities, equipment or appurtenances thereto, or
the common areas;
vi. Resident occupying the Premises other than as Resident's abode or utilizing living, sleeping, cooking, or dining
portions thereof for purposes other than those for which these portions were respectively designed or intended.
B. Resident's Obligation: If the condition requiring repair is not one which makes the Premises "untenantable" or is
occasioned by the circumstances described in subsections i through vi above, Resident shall bear the expense of
repair.
22. Alterations and Improvements: Resident shall make no alterations or improvements to the Premises without obtaining
Landlord's written consent in advance including without limitation, painting, wallpapering, or other wall covering, permanent
shelving, flooring and plumbing fixtures such as bidets, water filters and portable washing machines.
23. Right of Entry: Landlord will have the right to enter the Premises as allowed by law. Law permits entry in case of
emergency, to make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed
services, to test smoke detectors and carbon monoxide detectors, or exhibit the dwelling unit to prospective or actual
purchasers, mortgages, tenants, workmen or contractors or to make an inspection pursuant to subdivision (f) of Civil Code
1950.5, when the Resident has abandoned or surrendered the Premises and pursuant to court order. Landlord will serve
Resident with written notice before entry unless:
A. Entry is due to an emergency, surrender or abandonment of the unit, or
B. Resident and Landlord agree verbally to an entry to make agreed repairs or supply agreed services at an approximate
day and time within one week of the verbal agreement, or
C. Resident is present and consents to entry at the time of entry, or
D. To exhibit the unit to prospective or actual purchasers of the Community, provided that Landlord has notified Resident
in writing within 120 days of the verbal notice that the Community is for sale and that Resident may be contacted to
allow for an inspection.
24. California Database-Registered Sex Offenders Notice: The California Department of Justice, sheriff's department,
police department service jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for
public access a database of the locations of persons required to register pursuant to Section 290.46 of the Penal Code.
The database is updated on a quarterly basis and a source of information about the presence of these individuals in any
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neighborhood. Information about specified registered sex offenders is made available to the public via an Internet Website
maintained by the 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.
25. Assignment and Subletting: Resident shall not assign, sublease or advertise all or any part of the Premises, or allow any
other person or entity to occupy or use all or any part of the Premises, without first obtaining Landlord's written consent. No
assignment, whether voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in
bankruptcy or otherwise, and no subletting shall be valid or effective without such prior written consent and at Landlord's
election, shall constitute a default. No consent to any assignment or sublease shall constitute a further waiver of the
provisions of this paragraph.
26. Damage and Destruction:
A. Resident's Obligation: Resident hereby agrees to hold Landlord harmless from and to pay on demand all reasonable
cost of repair or restoration resulting from any damage or destruction to the Premises, or the buildings of which the
Premises are a part, the common areas, or any part thereof resulting from any act or omission of Resident and/or any
person on the Premises through or under Resident, including, without limitation, damage or destruction resulting from
leaving windows open during rains and storms, flows of water from pipes, faucets or other sources, failure to turn off
gas or electrical appliances or lights when not in use and littering of the Premises or adjoining common areas.
B. Effect of Damage or Destruction: In the event of damage to or destruction of the Premises or the building of which the
Premises are a part by fire, flood, earthquake, or any other cause or causes, Landlord shall have the option to:
i. Treat this Rental Agreement as continuing and repair or restore the Premises to their condition before such
damage or destruction, within thirty (30) days of the occurrence of the same, or if insured, within thirty (30) days
after Landlord receives permission from the insurer to proceed with repair or restoration; or
ii. Terminate this Rental Agreement and all further obligations hereunder of either party by written notice to Resident.
After the occurrence of such damage or destruction, the Resident's obligation to pay Rent hereunder shall be
abated in an amount which Landlord in its sole discretion, shall determine to be proportionate to the area of the
Premises rendered unfit for use by Resident during the period of repair or restoration.
27. Temporary Relocation: Resident agrees, at Landlord's demand, to temporarily vacate the Premises for a reasonable
purpose and for a reasonable period of time.. A reasonable purpose shall include but is not limited to fumigation of the
premises, testing, interior repairs or exterior repairs that cannot be completed safely, in Landlord's opinion, while Resident
remains in possession of the Premises. If Resident must vacate, Resident will only be entitled to the daily per diem equal
to the daily rental value of the premises for the period of time Resident is required to vacate the Premises. Landlord shall
only be required to provide a daily per diem credit under the following circumstances: (1) Resident did not cause the
damage or condition which requires Resident to temporarily relocate; (2) and Resident is required to vacate the Premises
for more than 8 hours; and (3) Landlord does not provide alternative housing accommodations for Resident.
28. Hazard Notice: Resident may obtain information about hazards, including flood hazards, that may affect the property from
the Internet Web site of the Office of Emergency Services at http://myhazards.caloes.ca.gov/. Owner/Agent’s insurance
does not cover the loss of the Resident’s personal possessions and it is recommended that the Resident consider
purchasing renter’s insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk
of loss. The owner is not required to provide additional information concerning the flood hazards to the property and the
information provided pursuant to this section is deemed adequate to inform the Resident.
(Check box if applicable) The property is located in a special flood hazard area or an area of potential flooding.
29. Satellite Dishes: Landlord will permit Resident to install a satellite dish for personal, private use on the Premises under
the following conditions:
A. The satellite dish must be one meter or less in diameter;
B. The satellite dish may only be installed on the inside balcony, patio or terrace that is under the exclusive control of
Resident. Said satellite dish, or any part thereof, shall not extend beyond the balcony, patio or terrace railing; Allowable
locations may not provide an optimal signal or any signal at all;
C. Resident is specifically prohibited from making physical modifications to the Premises and is prohibited from installing
said satellite dish in the common areas encompassing the Premises, including but not limited to, outside walls, roofs,
window sills, common balconies or stairways;
D. Resident shall not install said satellite dish in a manner which causes physical or structural damage to the Premises,
excluding ordinary wear and tear, including but not limited to, holes drilled through exterior walls;
E. Resident shall install, maintain and remove said satellite dish in a manner which is consistent with industry standard
and shall be liable for any damage or injury sustained as a result of the negligent installation, maintenance or removal
of said satellite dish;
F. Resident shall indemnify and hold Landlord harmless from any claims for damages or injury resulting from said
negligence, including, but not limited to, payment of Landlord's attorney fees plus costs brought about for such claim.
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#00838846
FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023
NYSCEF DOC. NO. 81
RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023
G. Resident shall only have one satellite dish per unit.
30. Condemnation: If the whole or any part of the Premises shall be taken by exercise of the power of eminent domain, this
Rental Agreement shall terminate upon the date actual physical possession thereof shall be so taken, and all damages
awarded from such taking shall be the sole property of Landlord. A voluntary conveyance of the Premises by the Landlord
under threat on condemnation shall be deemed to be taken under the power of eminent domain within the meaning of this
paragraph.
31. Defaults: The occurrence of any one or more of the following events shall constitute a material default or breach of this
Rental Agreement by Resident:
A. The abandonment of the Premises by Resident
B. The failure of Resident to make payment of rent or any other payment required to be made by Resident hereunder, as
and when due, where failure shall continue for a period of three (3) days after written notice thereof from Landlord to
Resident.
C. Any failure by Resident to observe or perform any of the covenants, conditions or provisions of this Rental Agreement
to be observed or performed by Resident other than described in Subparagraph B above, where such failure shall
continue for a period of three (3) days after written notice thereof from Landlord to Resident.
D. The discovery by Landlord that the credit application or any other information given to Landlord by Resident contained
false or misleading information. This type of default is non-curable.
32. Remedies: In the event of any such material default or breach by Resident, Landlord may at anytime thereafter, with or
without notice or demand, and without limiting Landlord in the exercise of any right or remedy which Landlord may have by
reason of such default or breach:
A. Terminate Resident's right to possession of the Premises by a lawful means, in which case this Rental Agreement shall
terminate and the Resident shall immediately surrender the Premises to Landlord.
B. Landlord may recover from Resident the amount provided in California Civil Code Section 1951.2 including unpaid rent
to the time of termination, the amount necessary to compensate Landlord for any loss proximately caused by the
Resident's failure to perform, or reasonably could have been foreseen to be a likely result of the Resident's breach
(California Civil Code 1951.2 (a) (4). Upon reentry by Landlord following such termination, Landlord may consider any
personal property left on the Premises to be abandoned, and may dispose of all such personal property in accordance
with applicable law set forth in Sections 1980-1991 of the California Civil Code.
C. The remedies provided in Subparagraphs 30A and 30B above are not exclusive, and Landlord may pursue any one or
more of such remedies or any other remedy provided by law.
D. The exercise or failure to exercise any remedy provided herein for any breach hereof shall not be deemed a waiver of
Landlord's right to have any of its rights under this Rental Agreement, or Landlord's acceptance of rent after any default
shall not be considered or construed to waive any right of Landlord or to affect any notice or legal proceedings
theretofore given or commenced.
E. If a dispute arises between Landlord and Resident, the prevailing party will be entitled to recover reasonable attorney's
fees, not to exceed $1,500.00.
33. Additional Limitation on Landlord's Liability:
A. Injury, Loss or Damage: Except as otherwise provided by law, Landlord and Landlord's affiliates, employees and
agents shall not be liable for any injury, including death to any person caused by any use of the Premises or common
areas by any person, including but not limited to, other residents, or arising from any accident or fire or loss or injury
due to terrorist activity or other casualty thereon, or from any other cause whatsoever, nor shall Landlord and
Landlord's affiliates, employees and agents be liable for any loss or damage to any article belonging to Resident or
located on the Premises, or other facility under the control of Landlord. Resident hereby agrees to indemnify and hold
Landlord and Landlord's affiliates, employees and agents harmless from all liability for any such injury, loss or damage
including Landlord's legal fees. To the extent allowed by law, Resident agrees to assume all risk of harm, and waive all
claims against Landlord and Landlord's affiliates, employees and agents, resulting from use of common area
amenities, even if caused by the negligence of Landlord and Landlord's affiliates, employees and agents. To the extent
allowed by law, use of the common area amenities is at the sole risk of Resident, Occupants, Resident's guests and
agents.
B. Other Limitations: Resident also agrees that Landlord shall not be liable for, and this Rental Agreement shall not be
terminated by any interruption or interference with services or accommodations due Resident caused by strike, riot,
orders or acts of public authorities, acts of other residents, of Landlord, accident, the making of necessary repairs to
the building of which the Premises are a part, or any other cause beyond Landlord's control.
C. Resident also agrees to notify RedactedRedactedRedacted , in writing of any formal complaint or grievance
against any Community staff member. All correspondence shall be sent to: RedactedRedactedRedactedRedacted
RedactedRedactedRedactedRedactedRedacted
34. Expiration, Tenancy from Month to Month: After the Rental Agreement Term expires, the tenancy will continue on
a month to month basis until either party terminates the tenancy. Termination of the tenancy will require a thirty
M.O. J.O.
C18AB9F0 FF5DA2F2
CalDRE LIC Page: 7 of 60
(Initials)
#00838846
FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023
NYSCEF DOC. NO. 81
RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023
day written notice or such other notice as provided by law. If Resident fails to so vacate and surrender the
Premises when required, Resident must indemnify and hold Landlord harmless from any loss or liability including
without limitation, any claims made by any succeeding resident, from such failure to vacate the Premises. In the
event this Rental Agreement shall continue as a tenancy from month to month, each of the terms and conditions
of this Rental Agreement shall apply with respect to such tenancy, except as follows:
A. Rent Amount: The provisions for the RENT of this Rental Agreement shall be deemed modified to provide that the
Rent amount will increase to full market rate and a month-to-month premium will be incurred until such time as a new
Rental Agreement is signed or the tenancy is cancelled. Landlord will provide at least 30 days written notice of the
month-to-month Rent increase.
B. Move Out Notice: The provisions for the Term of this Rental Agreement shall be deemed modified to provide that the
tenancy shall be from month to month, that either party hereto may terminate such tenancy by thirty (30) days written
notice to the other, and that at the end of the thirtieth (30th) day following such notice of termination, such tenancy shall
be canceled.
C. 30-Day Notice Requirement: Landlord must provide a 30-day advance notice to a resident if the Landlord elects to
terminate tenancy. (California Civil Code Section
Preview
FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023 NYSCEF DOC. NO. 81 RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023 October 18, 2023 RENTAL AGREEMENT THIS RENTAL AGREEMENT IS MADE AS of October 18, 2023, by and between RedactedRedactedRedacted (hereinafter "Landlord"), and Mor Ohana RedactedRedactedRedacted (hereinafter "Resident", if more than one, each shall be jointly and severally liable and are all collectively referred to as "Resident" herein). This Rental Agreement will only be effective upon the signature of two representatives of Landlord. 1. Definitions: A. Premises: Address is RedactedRedacted Los Angeles, CA 90028. B. Term: Commences on October 18, 2023, and ends on January 16, 2025 at 11:59 PM, after which term shall continue on a as tenancy from month to month C. Rent Per Month: three thousand five hundred seventy-eight dollars and sixty one cents ($3,578.61) Resident agrees to pay to Landlord for each month during the full Term of this Rental Agreement the sum of *: $3,578.61 Monthly Rent Base Rent for the Premises $3,575.00 Additional rent for Systematic Code Enforcement Program (SCEP) Fees $3.61 Parking space rent for one private passenger vehicle only $0.00 TOTAL MONTHLY RENT* $3,578.61 D. Rent Due Date: 1st of each calendar month. E. Security Deposit: Three thousand five hundred seventy-five dollars ($3,575.00) F. Total Number of Occupants: Three (3) Occupants not listed above as "Residents": N/A G. Authorized Pets: No pets have been authorized at this time. H. Assigned Parking Space: Parking Spaces # Garage # Carport # Storage # N/A N/A N/A I. Guarantor(s): N/A J. Authorized Manager of Premises: RedactedRedactedRedactedRedactedRedactedRedactedRedacted Redacted K. Authorized Agent of Landlord: RedactedRedactedRedactedRedactedRedactedRedactedRedactedRedacted L. Community: RedactedRedactedRedacted 2. Premises: The Premises hereby leased consist of a residential unit together with the furnishings listed below, if any, and assigned Parking Space(s). With respect to the above described property herein referred to as "Premises", it shall also, where appropriate, be read as written, residence, apartment or unit. The Parking Space(s) designated may be changed from time to time at Landlord's option. Designated and open parking spaces may be occupied by private passenger vehicles only. Use of these spaces for storage or parking of other types of vehicles including but not limited to recreational vehicles is prohibited unless written permission is obtained from Landlord. Any storage space provided to Resident by Landlord is furnished gratuitously and Landlord shall not be liable for any loss or injury to Resident's property placed within. 3. Term: Landlord makes no representation that the Premises will be ready for occupancy on the commencement date of the Term. If Landlord is unable to deliver possession of the Premises at the commencement of the Term, Landlord shall not be liable in damages to Resident, but Rent covering the period between the commencement of the Term and the time when Landlord delivers possession shall be waived, and if Landlord is not able to deliver possession within thirty (30) days of the commencement date of the Term, either Party may, prior to the time when Landlord delivers possession, cancel this Rental Agreement by giving written notice to the other. 4. Option To Terminate: Resident is expected to remain a Resident for the entire Term specified in the Rental Agreement. If Resident vacates before the end of the Term, Resident will be responsible to Landlord for all damages provided by law, including, but not limited to, rent due through the end of the Rental Agreement Term, minus rents paid by a replacement M.O. J.O. C18AB9F0 FF5DA2F2 CalDRE LIC Page: 1 of 60 (Initials) #00838846 FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023 NYSCEF DOC. NO. 81 RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023 resident (if any). The amount will vary depending upon how long it takes the Landlord to find a replacement resident. Therefore, this amount cannot be determined in advance and it is difficult to estimate. To avoid this uncertainty, Resident may choose to exercise an early termination option by choosing to pay a flat early termination fee in advance, rather than remaining liable for rent due through the end of the Rental Agreement Term. To exercise this option, Resident must deliver to Landlord an Intent To Vacate form with the early termination option checkbox marked and pay Landlord an early termination fee of equivalent to One and Half Month's Rent plus the full amount of move-in concessions, discounts, promotions and/or specials received by Resident as defined in section 1. Definitions above, all at time of giving notice. When Landlord has received the signed Intent to Vacate form and, if applicable, payment of early termination fee plus the full amount of move-in concessions, discounts, promotions and/or specials received by Resident as defined in section 1. Definitions above, the Rental Agreement termination date will be amended. The new termination date will be the date specified in the notice which must be at least thirty days after the written Intent to Vacate form and the payment(s) are all given to Landlord. Exercise of the early termination option will only release Resident from any further rental obligations beyond the date the termination is effective. However, all of the terms of the Rental Agreement must be complied with through the date of vacating the Premises on or before the effective date of the termination, including payment of rent through end of thirty (30) day notice. The Intent to Vacate form will not accelerate the termination date and Landlord shall retain all remedies for non-compliance and Resident shall be liable for any damages for non-compliance if: 1) Resident is in default under the Rental Agreement at the time that Resident gives Landlord the Intent to Vacate form; 2) Resident provides the Intent to Vacate form unaccompanied by the payment(s) above; or 3) Resident does not properly exercise the early termination option by following the procedure specified above, but vacates before the termination date specified in the Rental Agreement. Resident shall be liable for any damages for non-compliance or failure to properly vacate pursuant to the thirty (30) day termination notice. 5. Option To Terminate - Military: Military personnel on active duty may terminate this Rental Agreement without penalty if: A. Resident becomes a member of the Armed Forces of the United States after Resident enters into the Rental Agreement; or B. Resident is or becomes a member of the Armed Forces of the United States and receives; 1. Orders for a permanent change of station; or 2. Orders to deploy for a period of at least 90 days. Resident will be required to give written 30-day notice of termination. Resident must furnish official military orders, or any notification, certification, or verification from Resident's commanding officer regarding Resident's current or future military duty status (deployment or permanent change of station). Resident must comply with all other terms of the Rental Agreement through the date of vacating the Premises on or before the effective date of the termination, including payment of rent through end of thirty (30) day notice. 6. Rent: Resident expressly agrees to pay Landlord Rent for the Premises each month in advance on or before Rent Due Date. A fee of $25.00 shall be charged to the Resident if any Non-Sufficient Fund Checks are returned from the bank. All replacement payments for Non-Sufficient Fund Checks must be made by Money, Cashier’s Check, Money Order, or Electronic Payment (if available). After receipt of two (2) Non-Sufficient Fund Checks in any twelve (12) month period, Landlord will only accept Money Order, Cashier's Check, and Electronic Payment (if available) for payment of Rent. If a late fee has not already been charged to Resident, a late fee shall be charged to Resident if a Non-Sufficient Fund Check is returned from the bank and not replaced to the Landlord on or before the late day. Because of the concern of theft, Resident agrees to make all rent payments by Personal Check, Cashier's Check, Money Order and/or, and Electronic Payment (if available); no cash will be accepted. 7. Utilities: Resident shall pay all charges for Gas, Electric, Water, Sewer, Trash, Cable and, Telephone. For information about utilities, see the Utility Addendum. 8. Utility Deregulation: A. Owner Controls Selection: Landlord has advised Resident that __________________ ("Utility") is currently the utility company selected by Landlord to provide electricity service for the Community and its units. Notwithstanding the foregoing, if permitted by law, Owner shall have the right at any time and from time to time during the Rental Agreement Term to either contract for service from a different company or companies providing electricity service (each different company shall hereinafter be referred to as an "Electric Service Provider" ("ESP")) or continue to contract for service from the Utility for the Community's common areas and its units. B. Resident Shall Give Landlord Access: Resident shall cooperate with Landlord, the Utility, and any ESP at all times and, as reasonably necessary, shall allow Landlord, Utility, and any ESP reasonable access to the Community's electric lines, feeders, risers, wiring, and any other machinery within the unit. C. Owner Not Responsible For Interruption Of Service: Landlord shall in no way be liable or responsible for any loss, M.O. J.O. C18AB9F0 FF5DA2F2 CalDRE LIC Page: 2 of 60 (Initials) #00838846 FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023 NYSCEF DOC. NO. 81 RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023 damage, or expense that Resident may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Community or to the unit, or if the quantity or character of the electric energy supplied by the Utility or ESP is no longer available or suitable for Resident's requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Resident to any abatement or diminution of rent, or relieve Resident from any obligation under the Rental Agreement. D. Resident Responsible For Damage And Losses Caused By Resident's Provider: To the extent that Resident is permitted by law to select an ESP other than the company selected by Landlord, Resident shall: i. Reimburse Landlord for the cost of repairing any and all damage to the Premises and to the Community's common areas caused directly or indirectly by Resident's ESP or its equipment. Landlord reserves the right to deduct said costs from the Resident's Security Deposit. ii. Indemnify and hold Landlord harmless from and against any and all claims, demands, costs, expenses (including attorney's fees) and causes of actions arising out of or in any manner relating to actions or inaction by Resident's ESP, including, but not limited to, expenses and or fines incurred by Landlord in the event that Resident's ESP fails to provide power or provides insufficient power. 9. Pets: Resident is not authorized to maintain any pets on the Premises unless specifically indicated in the Definitions Section "Authorized Pets", or otherwise authorized in writing by Landlord. All pets are subject to Landlord approval. Resident accepts responsibility for all acts and liabilities for the pet while on the Premises including the common areas. Assistive animals for the disabled are not considered to be pets, but do require advance written approval of Landlord. 10. Security Deposit: Upon execution hereof, Resident shall also pay Landlord a Security Deposit as security for the faithful performance of Resident's obligations hereunder. The Security Deposit may be used to compensate Landlord for Resident's default in rental payments, to repair damages to the Premises (exclusive of ordinary wear and tear) caused by Residents, Occupants, and Resident's guests, to clean the Premises, and to remedy future defaults by Resident in any obligation under the Rental Agreement including the obligation to restore, replace or return personal property or appurtenances, exclusive of ordinary wear and tear. After the expiration of the Term, or any extension thereof, and upon receipt of notice that the unit is vacated, disposition of the Security Deposit will be made according to the provisions of Section 1950.5 of the Civil Code. Landlord shall have the right to commingle the Security Deposit with other funds of Landlord. 11. Resident Insurance Requirement: Resident's property is not insured by Landlord. Landlord recommends that Resident obtain coverage for Resident's personal property. Resident agrees to maintain at Resident's sole expense a standard type of Tenant's or Renter's homeowner's insurance policy, or its equivalent, issued by a licensed insurance company of Resident's selection which provides limits of liability of at least $100,000.00 personal liability. The Premises listed above must be listed as the location of the Resident insured. Landlord must be listed as Certificate Holder and the carrier must provide 30 days' notice of cancellation, non-renewal or material change to the Landlord. The policy shall not contain any exclusionary language for damages to the rented premises. Failure to comply with this requirement is a material violation of this Rental Agreement. 12. Payments: Rent and all other charges due Landlord hereunder shall be payable to: RedactedRedacted RedactedRedactedRedactedRedactedRedactedRedactedRedacted , at Community Leasing Office, or at such other place or in such other manner as Landlord may from time to time designate. Payments will only be accepted in the form of Personal Check, Cashier's Check, Money Order and/or, Electronic Payment (if available). Cash will not be accepted for rent and all other charges due Landlord. Payments made in person shall be delivered to Landlord between the hours noted on the following days of the week: Daily 9:00am-6:00pm. 13. Late Charge and Interest: Resident acknowledges that late payment by Resident to Landlord of rent will cause Landlord to incur costs not contemplated by this Rental Agreement, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by an encumbrance covering the Premises. Rent is due and payable in advance on the FIRST day of each month. Rent delivered after the third of the month must include a $34.50 late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Resident. Acceptance of any late charge shall not constitute a waiver of Resident's default with respect to the overdue amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord. In addition to the late charge, interest will accrue on any unpaid amount at the legal rate of ten percent (10%) per year beginning on the date on which the delinquent amount was due. Late charges and interest due are in addition to, and not in lieu of, any of Landlord's other remedies. 14. Condition of Premises: Resident has inspected the Premises and common areas and upon taking possession knows of their condition and the potential hazards they present to all persons including but not limited to, Occupants and guests. These potential hazards include but are not limited to lakes, streams, swimming pools, parking areas, balconies, stairs, windows, and recreation areas. Resident accepts them in such condition, agreeing that no statement or representation as M.O. J.O. C18AB9F0 FF5DA2F2 CalDRE LIC Page: 3 of 60 (Initials) #00838846 FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023 NYSCEF DOC. NO. 81 RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023 to condition has been made by Landlord. Landlord shall have no liability to make any repairs nor shall the rights of the Residents to make said repairs accrue, except in an emergency, unless the Resident has given written notice to Landlord, and Landlord has had a reasonable time to remedy said conditions, which it may be obligated to make. 15. Neighborhood Conditions: The Community may be situated adjacent to commercial areas. Resident is advised to make themselves aware of neighborhood or area conditions, including but not limited to; schools, proximity and adequacy of law enforcement, other governmental services; proximity to commercial, industrial, agricultural activities, or cell phone towers; existing and proposed transportation, construction and/or development that may affect noise, view, or traffic; in addition to any noise or odor from any source and other nuisances, hazards, or circumstances. 16. Keys/Access Control Devices: A. Key(s) to the Premises. The Premises have been rekeyed. B. Key(s) to mailbox no.: 464 C. Opener(s) for garage door/gate codes has been reset D. List number of keys: Unit: 2, Mailbox: 1, Garage: 1 E. List number of remote controls: F. List number of fobs/access cards: Key fobs: 1, G. Because Landlord may need access to the Premises in case of an emergency, Resident may not change any locks or install additional security devices in the Premises without Landlord's consent. If permission is granted, Resident must provide Landlord with copies of keys and any other information or items needed to provide Landlord with access and Resident may not later remove locks or the additional security devices without Landlord's consent. H. Keys/remotes/openers/access cards/fobs/parking permits are for the exclusive use of RedactedRedacted Redacted residents only. They are not to be given or loaned to anyone. Resident agrees to a charge of $25.00 per key, $0.00 per amenity key, $0.00 per garage key, $100.00 per fob, $0.00 per access card, $0.00 per remote control and $0.00 per parking permit as the cost of replacement of items. Resident has received and upon termination of this Rental Agreement shall return to Landlord, any keys listed above as well as any remote controls and fobs/access cards/parking permits. I. There will be a $100.00 charge to Resident if Resident requests locks to be re-keyed. During non-business office hours there will be a $100.00 charge to Resident for providing access to the unit or alternatively Resident may contact a locksmith at Resident's expense. 17. Use of Premises: Resident agrees to use and maintain the Premises as follows: A. Solely as a private residence for the Resident and the Occupants and no other person or persons without Landlord's prior written consent. B. Resident and Occupants may have overnight guests for no more than 10 consecutive nights in any month, and no more than two (2) overnight guests at a time unless Landlord provides specific approval. Resident must obtain Landlord's prior written consent to change Residents or add additional Occupants. C. Use the Premises and all common areas in accordance with Landlord's Rules and Regulations, a copy of which Resident has received. D. Not violate any law or ordinance of any governmental authority with respect to the Premises or any common areas. E. Not have on the Premises an aquarium or any equivalent type of device with a capacity in excess of 20 gallons without prior written consent of Landlord. Waterbeds are permitted only in accordance with California law which requires insurance protecting Landlord in an amount not less than $100,000.00, and an increase in Resident's security deposit equal to one-half month's rent. Resident must also install, maintain, and dismantle the bed in accordance with industry standards. F. Keep the interior and exterior of the Premises during the Term hereof in good and clean condition, free of trash and unsightly material, including storage of personal items on patio, balconies, breezeways, entryway or by exterior door into unit. G. Not use railings as clotheslines, aluminum foil on window, erect aerials of any kind, or exterior shades or structures. H. The storage or use of gas or charcoal grills/barbecues on patios or balconies is prohibited. I. Not repair or do maintenance work of any kind on any vehicle at the Community, nor park inoperable vehicles at the Community, or those lacking engine, transmission, wheels, tires, doors, windshield or any other major part or equipment. J. Return the Premises to Landlord in as good condition as upon the commencement of the Term, reasonable wear and tear excepted. K. Not to introduce any hazardous or toxic material onto the Community. L. Storage of any kind in the water heater closet area is prohibited. M. Utilize power strips with surge protector and reset button in lieu of extension cords in accordance with local fire codes. N. Do not tamper with, attach anything to, or hang anything from a fire sprinkler and/or a fire horn. 18. Rules and Regulations: Resident agrees to abide by Landlord's Rules and Regulations and use the Premises and all common areas in accordance with same. The Landlord's Rules and Regulations are hereby made a part of this Rental M.O. J.O. C18AB9F0 FF5DA2F2 CalDRE LIC Page: 4 of 60 (Initials) #00838846 FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023 NYSCEF DOC. NO. 81 RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023 Agreement. Resident understands that Landlord may periodically modify the rules and regulations during the lease term by delivering advanced written notice to Resident. 19. Recycling and Garbage: Resident must dispose of all garbage, waste and recyclable materials in designated containers and/or designated areas and in accordance with applicable law and Landlord instructions. Unless Landlord indicates otherwise, Resident may not dispose of large items at Community garbage containers and/or common areas. 20. Waste, Quiet Enjoyment and Responsibility: Resident shall not commit or permit any waste upon the Premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other resident or person in or about the adjoining units. A. Resident shall be responsible for Resident's conduct and the conduct of all Occupants and guests residing with them in the Premises or visiting occupants at the Community. All Occupants and guests must obey Landlord's Rules and Regulations. Resident shall be solely responsible to see that their Occupants and guests obey these Rules and Regulations. Resident, Occupants and guests under Resident's control may not abuse, harass (sexually or otherwise) or threaten Landlord or Landlord's agents, employees, and others at the Community. Violation of these provisions shall constitute grounds for immediate termination of this Rental Agreement at the option of Landlord. B. Resident shall not use in any wasteful or unreasonable or hazardous manner any of the utilities furnished by Landlord nor keep or maintain any mechanical, electrical or other appliance or device operated by said utilities except herein listed and specifically approved by Landlord. 21. Repairs: Resident shall make no repairs to the Premises, except for routine cleaning and maintenance, unless Landlord gives Resident prior written authorization to do so. If repairs to the Premises are required, Resident shall notify Landlord immediately. Landlord shall repair and maintain the Premises and every portion thereof and the cost of such repair and maintenance shall be borne as follows: A. Landlord's Obligations: If the condition requiring repair is one which makes the Premises, "untenantable" as defined in California Civil Code Section 1941.1, Landlord shall bear the expense of the repair unless the "untenantable" condition is occasioned by any of the following, in which event Resident shall bear the expense of repair: i. Resident's want of ordinary care; ii. Resident's failure to keep the Premises clean and sanitary; iii. Resident's failure to dispose of all rubbish, garbage and other waste; iv. Resident's failure to properly use and operate all electrical, gas and plumbing fixtures and keep them clean and sanitary; v. Resident, or any person on the Premises with Resident's permission, willfully or wantonly destroying, defacing, damaging, impairing, or removing any part of the Premises or the facilities, equipment or appurtenances thereto, or the common areas; vi. Resident occupying the Premises other than as Resident's abode or utilizing living, sleeping, cooking, or dining portions thereof for purposes other than those for which these portions were respectively designed or intended. B. Resident's Obligation: If the condition requiring repair is not one which makes the Premises "untenantable" or is occasioned by the circumstances described in subsections i through vi above, Resident shall bear the expense of repair. 22. Alterations and Improvements: Resident shall make no alterations or improvements to the Premises without obtaining Landlord's written consent in advance including without limitation, painting, wallpapering, or other wall covering, permanent shelving, flooring and plumbing fixtures such as bidets, water filters and portable washing machines. 23. Right of Entry: Landlord will have the right to enter the Premises as allowed by law. Law permits entry in case of emergency, to make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, to test smoke detectors and carbon monoxide detectors, or exhibit the dwelling unit to prospective or actual purchasers, mortgages, tenants, workmen or contractors or to make an inspection pursuant to subdivision (f) of Civil Code 1950.5, when the Resident has abandoned or surrendered the Premises and pursuant to court order. Landlord will serve Resident with written notice before entry unless: A. Entry is due to an emergency, surrender or abandonment of the unit, or B. Resident and Landlord agree verbally to an entry to make agreed repairs or supply agreed services at an approximate day and time within one week of the verbal agreement, or C. Resident is present and consents to entry at the time of entry, or D. To exhibit the unit to prospective or actual purchasers of the Community, provided that Landlord has notified Resident in writing within 120 days of the verbal notice that the Community is for sale and that Resident may be contacted to allow for an inspection. 24. California Database-Registered Sex Offenders Notice: The California Department of Justice, sheriff's department, police department service jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a database of the locations of persons required to register pursuant to Section 290.46 of the Penal Code. The database is updated on a quarterly basis and a source of information about the presence of these individuals in any M.O. J.O. C18AB9F0 FF5DA2F2 CalDRE LIC Page: 5 of 60 (Initials) #00838846 FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023 NYSCEF DOC. NO. 81 RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023 neighborhood. Information about specified registered sex offenders is made available to the public via an Internet Website maintained by the 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. 25. Assignment and Subletting: Resident shall not assign, sublease or advertise all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, without first obtaining Landlord's written consent. No assignment, whether voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy or otherwise, and no subletting shall be valid or effective without such prior written consent and at Landlord's election, shall constitute a default. No consent to any assignment or sublease shall constitute a further waiver of the provisions of this paragraph. 26. Damage and Destruction: A. Resident's Obligation: Resident hereby agrees to hold Landlord harmless from and to pay on demand all reasonable cost of repair or restoration resulting from any damage or destruction to the Premises, or the buildings of which the Premises are a part, the common areas, or any part thereof resulting from any act or omission of Resident and/or any person on the Premises through or under Resident, including, without limitation, damage or destruction resulting from leaving windows open during rains and storms, flows of water from pipes, faucets or other sources, failure to turn off gas or electrical appliances or lights when not in use and littering of the Premises or adjoining common areas. B. Effect of Damage or Destruction: In the event of damage to or destruction of the Premises or the building of which the Premises are a part by fire, flood, earthquake, or any other cause or causes, Landlord shall have the option to: i. Treat this Rental Agreement as continuing and repair or restore the Premises to their condition before such damage or destruction, within thirty (30) days of the occurrence of the same, or if insured, within thirty (30) days after Landlord receives permission from the insurer to proceed with repair or restoration; or ii. Terminate this Rental Agreement and all further obligations hereunder of either party by written notice to Resident. After the occurrence of such damage or destruction, the Resident's obligation to pay Rent hereunder shall be abated in an amount which Landlord in its sole discretion, shall determine to be proportionate to the area of the Premises rendered unfit for use by Resident during the period of repair or restoration. 27. Temporary Relocation: Resident agrees, at Landlord's demand, to temporarily vacate the Premises for a reasonable purpose and for a reasonable period of time.. A reasonable purpose shall include but is not limited to fumigation of the premises, testing, interior repairs or exterior repairs that cannot be completed safely, in Landlord's opinion, while Resident remains in possession of the Premises. If Resident must vacate, Resident will only be entitled to the daily per diem equal to the daily rental value of the premises for the period of time Resident is required to vacate the Premises. Landlord shall only be required to provide a daily per diem credit under the following circumstances: (1) Resident did not cause the damage or condition which requires Resident to temporarily relocate; (2) and Resident is required to vacate the Premises for more than 8 hours; and (3) Landlord does not provide alternative housing accommodations for Resident. 28. Hazard Notice: Resident may obtain information about hazards, including flood hazards, that may affect the property from the Internet Web site of the Office of Emergency Services at http://myhazards.caloes.ca.gov/. Owner/Agent’s insurance does not cover the loss of the Resident’s personal possessions and it is recommended that the Resident consider purchasing renter’s insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss. The owner is not required to provide additional information concerning the flood hazards to the property and the information provided pursuant to this section is deemed adequate to inform the Resident. (Check box if applicable) The property is located in a special flood hazard area or an area of potential flooding. 29. Satellite Dishes: Landlord will permit Resident to install a satellite dish for personal, private use on the Premises under the following conditions: A. The satellite dish must be one meter or less in diameter; B. The satellite dish may only be installed on the inside balcony, patio or terrace that is under the exclusive control of Resident. Said satellite dish, or any part thereof, shall not extend beyond the balcony, patio or terrace railing; Allowable locations may not provide an optimal signal or any signal at all; C. Resident is specifically prohibited from making physical modifications to the Premises and is prohibited from installing said satellite dish in the common areas encompassing the Premises, including but not limited to, outside walls, roofs, window sills, common balconies or stairways; D. Resident shall not install said satellite dish in a manner which causes physical or structural damage to the Premises, excluding ordinary wear and tear, including but not limited to, holes drilled through exterior walls; E. Resident shall install, maintain and remove said satellite dish in a manner which is consistent with industry standard and shall be liable for any damage or injury sustained as a result of the negligent installation, maintenance or removal of said satellite dish; F. Resident shall indemnify and hold Landlord harmless from any claims for damages or injury resulting from said negligence, including, but not limited to, payment of Landlord's attorney fees plus costs brought about for such claim. M.O. J.O. C18AB9F0 FF5DA2F2 CalDRE LIC Page: 6 of 60 (Initials) #00838846 FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023 NYSCEF DOC. NO. 81 RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023 G. Resident shall only have one satellite dish per unit. 30. Condemnation: If the whole or any part of the Premises shall be taken by exercise of the power of eminent domain, this Rental Agreement shall terminate upon the date actual physical possession thereof shall be so taken, and all damages awarded from such taking shall be the sole property of Landlord. A voluntary conveyance of the Premises by the Landlord under threat on condemnation shall be deemed to be taken under the power of eminent domain within the meaning of this paragraph. 31. Defaults: The occurrence of any one or more of the following events shall constitute a material default or breach of this Rental Agreement by Resident: A. The abandonment of the Premises by Resident B. The failure of Resident to make payment of rent or any other payment required to be made by Resident hereunder, as and when due, where failure shall continue for a period of three (3) days after written notice thereof from Landlord to Resident. C. Any failure by Resident to observe or perform any of the covenants, conditions or provisions of this Rental Agreement to be observed or performed by Resident other than described in Subparagraph B above, where such failure shall continue for a period of three (3) days after written notice thereof from Landlord to Resident. D. The discovery by Landlord that the credit application or any other information given to Landlord by Resident contained false or misleading information. This type of default is non-curable. 32. Remedies: In the event of any such material default or breach by Resident, Landlord may at anytime thereafter, with or without notice or demand, and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach: A. Terminate Resident's right to possession of the Premises by a lawful means, in which case this Rental Agreement shall terminate and the Resident shall immediately surrender the Premises to Landlord. B. Landlord may recover from Resident the amount provided in California Civil Code Section 1951.2 including unpaid rent to the time of termination, the amount necessary to compensate Landlord for any loss proximately caused by the Resident's failure to perform, or reasonably could have been foreseen to be a likely result of the Resident's breach (California Civil Code 1951.2 (a) (4). Upon reentry by Landlord following such termination, Landlord may consider any personal property left on the Premises to be abandoned, and may dispose of all such personal property in accordance with applicable law set forth in Sections 1980-1991 of the California Civil Code. C. The remedies provided in Subparagraphs 30A and 30B above are not exclusive, and Landlord may pursue any one or more of such remedies or any other remedy provided by law. D. The exercise or failure to exercise any remedy provided herein for any breach hereof shall not be deemed a waiver of Landlord's right to have any of its rights under this Rental Agreement, or Landlord's acceptance of rent after any default shall not be considered or construed to waive any right of Landlord or to affect any notice or legal proceedings theretofore given or commenced. E. If a dispute arises between Landlord and Resident, the prevailing party will be entitled to recover reasonable attorney's fees, not to exceed $1,500.00. 33. Additional Limitation on Landlord's Liability: A. Injury, Loss or Damage: Except as otherwise provided by law, Landlord and Landlord's affiliates, employees and agents shall not be liable for any injury, including death to any person caused by any use of the Premises or common areas by any person, including but not limited to, other residents, or arising from any accident or fire or loss or injury due to terrorist activity or other casualty thereon, or from any other cause whatsoever, nor shall Landlord and Landlord's affiliates, employees and agents be liable for any loss or damage to any article belonging to Resident or located on the Premises, or other facility under the control of Landlord. Resident hereby agrees to indemnify and hold Landlord and Landlord's affiliates, employees and agents harmless from all liability for any such injury, loss or damage including Landlord's legal fees. To the extent allowed by law, Resident agrees to assume all risk of harm, and waive all claims against Landlord and Landlord's affiliates, employees and agents, resulting from use of common area amenities, even if caused by the negligence of Landlord and Landlord's affiliates, employees and agents. To the extent allowed by law, use of the common area amenities is at the sole risk of Resident, Occupants, Resident's guests and agents. B. Other Limitations: Resident also agrees that Landlord shall not be liable for, and this Rental Agreement shall not be terminated by any interruption or interference with services or accommodations due Resident caused by strike, riot, orders or acts of public authorities, acts of other residents, of Landlord, accident, the making of necessary repairs to the building of which the Premises are a part, or any other cause beyond Landlord's control. C. Resident also agrees to notify RedactedRedactedRedacted , in writing of any formal complaint or grievance against any Community staff member. All correspondence shall be sent to: RedactedRedactedRedactedRedacted RedactedRedactedRedactedRedactedRedacted 34. Expiration, Tenancy from Month to Month: After the Rental Agreement Term expires, the tenancy will continue on a month to month basis until either party terminates the tenancy. Termination of the tenancy will require a thirty M.O. J.O. C18AB9F0 FF5DA2F2 CalDRE LIC Page: 7 of 60 (Initials) #00838846 FILED: NEW YORK COUNTY CLERK 12/15/2023 04:04 PM INDEX NO. 160364/2023 NYSCEF DOC. NO. 81 RedactedRedactedRedacted RECEIVED NYSCEF: 12/15/2023 day written notice or such other notice as provided by law. If Resident fails to so vacate and surrender the Premises when required, Resident must indemnify and hold Landlord harmless from any loss or liability including without limitation, any claims made by any succeeding resident, from such failure to vacate the Premises. In the event this Rental Agreement shall continue as a tenancy from month to month, each of the terms and conditions of this Rental Agreement shall apply with respect to such tenancy, except as follows: A. Rent Amount: The provisions for the RENT of this Rental Agreement shall be deemed modified to provide that the Rent amount will increase to full market rate and a month-to-month premium will be incurred until such time as a new Rental Agreement is signed or the tenancy is cancelled. Landlord will provide at least 30 days written notice of the month-to-month Rent increase. B. Move Out Notice: The provisions for the Term of this Rental Agreement shall be deemed modified to provide that the tenancy shall be from month to month, that either party hereto may terminate such tenancy by thirty (30) days written notice to the other, and that at the end of the thirtieth (30th) day following such notice of termination, such tenancy shall be canceled. C. 30-Day Notice Requirement: Landlord must provide a 30-day advance notice to a resident if the Landlord elects to terminate tenancy. (California Civil Code Section