Thank you again "thelawprofessor" "mightymoose" and "Brignac". I made the dad (leaseholder) aware of his typos. He will be changing the dates but the content of the 30-day notice will remain.
My daughter sent me the two "agreements" originally sent to her by email but that contain many blanks and that she did NOT SIGN and did not return to the leaseholder. I have copied them below.
The only document that I signed was the one that I typed in above starting with "Girl 1, Girl 2, and Girl 3 have agreed to lease the property at XXX N. XXX Street, XXX, CA 92866 for one year from August 17, 2013 to august 16, 2014....."
It would be REALLY helpful for my daughter to remain until finals are complete on December 13, 2013. The reason being is that many kids are leaving for study-abroad next semester and that frees up spaces for off-campus houses. With a November move-out date my daughter has less options and most likely will have to move into on-campus apartment housing and have to commit until the end of the school year in May, 2014. It's not a bad deal but she will have to return to sharing a room and living in a tighter environment. At least it would be regulated more fairly through the University.
Given the extra information that I have provided and from what you knowledgeable and kind samaritans have said, if my daughter's remains in the house past the 30 days should we reply stating that she will be staying? Mightymoose -- you stated "which doesn't seem likely". What exactly doesn't seem likely? When you talk about breaching the lease agreement are you talking about the one that I quoted above containing the dates "August 17, 2013 to August 16, 2014". As I mentioned, my daughter has never been given a copy of the lease agreement that exists between the owner and the dad/leaseholder. My husband has asked for it and the dad refused to give it to us. I'm still not clear on exactly what steps to take -- have my daughter stay put, allow the dad to go to court, then wait for a court order? What happens in a court order?
Thanks again!
------------------------------------------------------------ LEASE RENTAL AGREEMENT --------------------------------------------------------
LEASE RENTAL AGREEMENT
____________________________________
THIS IS, A LEGALLY BINDING AGREEMENT, READ IT CAREFULLY.
This agreement is intended to promote unity by clarifying the rights, duties and
responsibilities of property owner, manager and guest tenant.
MAKE SURE THAT ALL YOUR AGREEMENTS ARE MADE IN WRITING.
The Owner, Agent and Renter agree to the following rental conditions listed below:
This Lease Rental Agreement, shall begin:_________ Terminate:___________
Owner / Agent: Martin Investments, Paul Martin. Christopher P. Martinez, Manager
Name: ________________ DR-LC. NO. ___________ S.S. NO._________________
_______________________ DR-LC.N). _____________S.S.NO._________________
Location: ____________________________________________________________
Description: HOUSE: ___________________________________________________
Rental Market Value ___________________________
The current rental market value ____________________
1. RENTERS INSURANCE
A current Insurance Policy copy will be provided for landlord.
2. RENT PAYMENT AMOUNT
______________________________________________________________
>TOTAL RENT _______________________________________________
> To be paid in Cash, Cashier's Check, or Money Order
3. FALURE TO PAY RENT
Rent is due on the 1ST delinquent on the 5th of each month.
Late charges are 10%, $______________________________
Plus $___________________________________
4. SECURITY DEPOSIT
>Security Deposit in the amount of: ___________________________
It is clearly understood that Security Deposit, Is Not, part of last month rent.
5. LEASE AGEEMENT TERMINATION
>Agreement may be terminated after completion of 1YEAR lease and forty five-
day, written request.
6. GUEST OCCUPANCY AND SUBLETTING
Subletting or temporary stay over of family, friends or guests are prohibited
VISITING GUEST/S is limited to 10 days, with prior written approval.
>Extended guest amount is $40.00 forty dollars per day. (no exceptions)
7. Maintenance
Landlord will provide monthly Yard and Lawn Service.
Tenant is to properly care, adequately water, lawn, trees & plants.
Tenant is to keep surrounding area clean and organized.
8. UTILITIES
Tenant will provide GAS, Water, and Electrical Service;
Tenant_ will provide, telephone lines, cable and satellite dish services.
9. PARKING & GUEST PARKING
Renter car/s must be parked in alley of their home.
No Parking or blocking driveways. Guests must park on street.
>Street Parking Permits may be obtained from the City of Orange
10. PATH TO RESOLUTIONS
In the event issues, disputes and differences cannot be resolved or a mutual
agreements reached;
Renter agrees to move out, surrender premises, after three-day notice to vacate.
Renter waives all rights provided under California Code of Civil Procedures.
11. RESTRICTIONS
No Smoking in or around premises.
No Flammable Material allowed in house or garage – No auto repairs
No dogs, cat or pets, raising of birds, mammals or reptiles—No aquariums
No interior plant atrium's – No exterior plant nursery.
No parking of boats or vehicles. No 2 or 3 wheel, motor cycles.
No violations of City, State or Federal Laws & Ordinances.
It is clearly understood that tenants will be responsible any violations
regarding noise or disturbing the peace that results in warnings or fines from
city ordinances' for the said address.
Any failure to pay rent or other charges, when due, or comply with any
terms, of agreement, constitutes at the option of owner or agent, after lawful
notice given, terminate tenancy agreement.
Tenant shall surrender the premises sanitized and cleared of all personal
belongings.
12. Renter agrees to transfer all utilities with in 72 hours of possession.
Gas_______Water________Elecric_______
13. Addendums:______________________________________________________
_____________________________________________________________________
Total rent $_______________
Deposit $________________
Total move in amount is $________________
Renter_____________________ Date: _______________ Owner/
Agent____________________ Date: _________________
MARTIN INVESTMENTS: 170 S. MOHLER DR ANAHEIM HILLS. CA 92808
----------------------------------------------------------- STUDENT ROOMMATE AGREEMENT---------------------------------------------------------
UNIVERSITY STUDENT
ROOMMATE AGREEMENTS
THIS ADDENDUM, TO LEASE RENTAL AGREEMENT ENTERED
INTO, DAY OF ,20—
COMMENCE DATE: END DATE
RENTAL UNIT INFORMATION
Type of rental unit: House. Apartment Rooms
Number of rental rooms: 1. 2. 3.
Address: City, , State,
ROOMMATES AND BEDROOM INFORMATION
First Roommate: _JPhone No.
Bedroom: #1.
Second Roommate: Phone No.
Bedroom: #2.
Third Roommate: Phone No.
Bedroom: #3.
HOUSE RULES
1. Only one occupant is allowed in rooms. 1. 2. 3.
2. It is clearly understood; over night guests are not permitted with out the
written approval from Landlord.
3. The amount for approved over night guests is $30.00 per day
4. No smoking or excessive use of alcohol. No alcohol use in public view
5. No parties are allowed, without written consent from Landlord &
approval from roommates.
6. No food in bedrooms. All food must be stored in kitchen & sealed
containers, (food draw ants, cockroaches, rats, mice, fungus et.)
7. Quiet hours are from 9:00 PM to 8:00 AM.
8. No pets. Dogs, cats, rodents, reptiles.9. Water, front, back and side yards lawns, plants and trees every three days,
or when needed.
PARKING AREA
Number Parking Spaces: 2 Location:
Parking spaces are for tenants only.
All vehicles must be kept in operable condition.
ROOMMATE TERMINATION OF TENANCY
Landlord and Roommates can terminate another roommate's tenancy under
the following specific circumstances and conditions.
1. Failing to pay share of monthly rent.
2. Failing to pay for household expenses.
3. Causing damage to unit or premises.
4. Violating an obligation under the lease agreement.
Violating this Roommate Agreement.
NOTE:
Subletting, or allowing any individual to share or occupy any part of the house, rooms,
premises or parking spaces is a serious violation of Lease and Roommate. Agreement.
A copy of this agreement must be approved by landlord or agent'
I have read and agree to this Roommate Agreement. Date:
X Rm.# X Rm.#.
Roommate Roommate
X Rm. # X
Agent Roommate, hi Charge Landlord or Agent
