[San Diego, Ca] First time renting and stupidly signed a lease without fully understanding it. legaladvice

TL;DR: Sorry for the long post/rant. Who is in charge of maintaining the pool?

Bear with me, this is going to be a long post. I live in one of the college areas around San Diego and stupidly signed a lease out of desperation for a place to stay. Our landlord is a slumlord and basically handed us over the house back in August in an uninhabitable condition. I deducted the week that it was uninhabitable from September's rent and he seemed to be okay with that.

He's also violating an ordinance that prevents more than 5 people to live in a house in our area. However, we only have 5 people on lease since one of my friends more foolishly is subletting from another friend which goes against our lease. Mind you, we are 6 people living in a 3br2ba. Im fine with turning a blind eye to the ordinance since and I'm pretty sure none of my other roommates are aware of it and or what our rights are as tenants.

So our landlord has been paying to keep the pool clean for the last two months and today he drops the bomb on us that it's actually our responsibility to get it cleaned and not his. I looked in our lease, which is super vague at times, and I dont think it accurately describes whose responsibility it is to maintain the pool. I looked it up online and found a lot of sites that said unless stated in the lease, it's the landlords. So whose responsibility is it?

Here's our lease:

1. RENT: To pay as rental the sum of $3400 per month, due and payable in advance from the first day of every month. The amount due from each resident is shown on the signature page as each resident’s prorated share of the monthly rent. The amount due from each residents will be determined by the residents with the total amount due being $3400. Failure to pay rent within five days of the due date will result in the Owner taking immediate legal action to evict the Resident from the premises. If the legal action results in an eviction the security deposit will be seized.

2. LATE FEE: Rent received after a five day grace period will be subject to a late fee of 10% of any unpaid rent plus (10.00) dollars per day from the delinquent residents.

3. BAD CHECKS: Residents further agree to pay as a service charge the larger of $ 10 or 5% of the amount of any dishonored check, regardless of cause.

4. APPLIANCES: The above rental payment specifically includes a refrigerator and washer and dryer provided by the Owner. The Owner will keep these appliances in good repair unless the required repair is caused by the negligence of the Resident(s). ACCEPTANCE OF PROPERTY: The Owner will turn over the premises in a clean condition with everything in good working order. Resident agrees to indemnify Owner against any loss or liability arising out of Resident’s use of the property, including those using the property with Resident’s consent.

5. MAINTENANCE: Resident agrees to maintain the premises during the period of this agreement. This includes woodwork, floors, walls, furnishings, windows, screens doors, and landscaping. The Owner is responsible for maintaining all fixtures, appliances, plumbing, electrical, heating, mechanical, and pool equipment unless the maintenance problem is caused by the Resident’s negligence.

6. Resident acknowledges specific responsibility for replacing and/or cleaning filters on a/c and heating units. Any damages caused to units because of not changing and cleaning filters will be paid for by the Resident. Tacks, nails, or other hangers nailed or screwed into the walls or ceilings will be removed at the termination of this agreement. Damage caused by rain, hail or wind as a result of leaving windows or doors open, or damage caused by overflow of water, or stoppage of waste pipes, breakage of glass, damage to screens, deterioration of lawns and landscaping, whether caused by abuse or neglect is the responsibility of the Resident. Resident agrees to provide pest control in the event it is needed

7. VEHICLES: Resident agrees never to park or store a motor home, recreational vehicle, or trailer of any type on the premises; and to park only residents automobiles described as follows: ONLY ON THE PAVED DRIVEWAYS PROVIDED. Resident agrees that no vehicle may be repaired, nor may any vehicle be stored on the property without a current registration and tag, except in the garage. RESIDENT AGREES THAT ANY VEHICLE PARKED ON ANY UNPAVED AREAS OR VEHICLE WITHOUT A CURRENT REGISTRATION MAY BE TOWED AND STORED AT RESIDENT’S EXPENSE BY "DIRECT TOWING" OR OTHER TOWING

8. CLEANING: The owner agrees to turn over the premise in a clean condition and the Resident agrees to return the premise in like clean condition.

9. SECURITY DEPOSIT: Resident agrees to pay a deposit in the amount of $3400 to secure residents pledge of full compliance with the terms of this agreement. The amount due from each resident is shown on the signature page as each resident’s prorated share of the deposit. Note: THE DEPOSIT MAY NOT BE USED BY TENANT TO PAY RENT DURING THE TENANCY!

10. PETS: Resident agrees to pay a non-refundable pet fee of $50 per month per pet. An additional deposit of $500 will be required for pets. The only pets allowed on the premises are cats. The owner will consider Dogs on a case by case basis and the tenant must have signed permission by the owner to have dogs on the premises. All pets found on the property, but not registered under this agreement will be presumed to be strays and disposed of by the appropriate agency as prescribed by law. In the event a Resident harbors and undisclosed pet, they agree to pay a pet fee for the entire term of the agreement, regardless of when the pet was first introduced to the household. The Resident specifically understands and agrees: A. No pet which is attacked-trained or vicious, with a history of biting people or other animals, or of property damage will be kept on the premises; B. That the Resident is solely responsible for any and all damage caused by the Residents pet(s) to the owner’s property including, but not limited to the premises, carpeting, draperies, blinds, wall coverings, furnishings, appliances, and landscaping, including the lawn, and shrubbery; C. That in a like manner, he is responsible for any and all damage or loss to persons or property of others caused by the Resident’s pet(s) and in this regard does hereby agree to hold the owner harmless for any such damage; D. That all pet(s) should be cared for and maintained in a humane and lawful manner; E. That all pet waste shall be removed and disposed of promptly, including waste in neighbor’s yards distributed by Resident’s pets; F. That all pets shall be maintained so as to not cause annoyance to others.

11. RESIDENT’S OBLIGATIONS: The Resident agrees to meet all of resident’s obligations; including: A. Taking affirmative action to insure that nothing exists which might place the owner in violation of applicable building, housing and health codes. B. Keeping the dwelling clean, and sanitary; removing garbage and trash as they accumulate, and keeping drains and toilets free of clogs. C. Operate all electrical, plumbing, sanitary, heating, ventilating, a/c, and other appliances in a reasonable and safe manner. D. Assuring that property belonging to the owner is safeguarded against damage, destruction, loss, removal, or theft. E. Conducting him/herself, his/her family, friends, guests and visitors in a manner which will not disturb others. Resident warrants that he/she will meet the above conditions in every respect, and acknowledges that failure to do so will be grounds for termination of this agreement and loss of all deposits without further recourse.

12. SUBLETTING: Resident agrees not to assign this agreement, nor to sub-let any part of the property, nor to allow any other person to live therein other than those specifically named in this contract without first requesting permission from the Owner. The owner agrees to allow subletting for the whole house or any room therein. Subletting may only occur if the subleases meet the same standards that the original leases met.

13. COURT COSTS: Should legal action be necessary, the prevailing party will be reimbursed for their legal fees. In the event any portion of this Agreement shall be found to be unsupportable under the law, the remaining provisions shall continue to be valid and subject to enforcement in the courts without exception.

14. OWNER’S STATEMENTS: All rights given to the Owner by this agreement shall be cumulative in addition to any other laws which might exist or come into being. Any exercise or failure to exercise, by the Owner of any right shall not act as a waiver of any other rights. No statement or promise of Owner or his agent as to tenancy, repairs, alternations, or other terms and conditions shall be binding unless specified in writing and specifically endorsed.

15. PARTIAL PAYMENT: The acceptance by the Owner of partial payments of rent due shall not under any circumstance, constitute a waiver of the Owner, nor affect any notice or legal eviction proceedings in theretofore given or commenced under state law.

16. ABANDONMENT: If Resident leaves said premises unoccupied for 15 days while rent is due and unpaid, Owner is granted the right hereunder to take immediate possession thereof and to exclude Resident there from; removing at his/her expense all his/her property contained therein and placing it into storage at Resident’s expense.

17. RIGHT TO SIGN: The individual(s) signing this Lease/Rental Agreement as to Resident stipulates and warrants that he/she/they have the right to sign.

18. UTILITIES: Residents shall be responsible for payments of all utilities, garbage, water and sewer charges, telephone, gas or other bills incurred during their residency. They specifically authorize the Owner to deduct amounts of unpaid bills from their deposits in the event they remain unpaid after the termination of this agreement.

19. PERSONAL PROPERTY: No rights of storage are given by this agreement. The owner shall not be liable for any loss of personal injury or property by fire, theft, breakage, burglary, or otherwise, for any accidental damage to persons, guests, or property in or about the leased/rented property resulting from electrical failure, water, rain, windstorm, or any act of God or nature. Resident covenants and agrees to make no claim for any such damages or loss against owner, but to purchase needed "renters insurance" or to provide self-insurance in adequate amounts to offset any risk

20. REMOVAL OF PROPERTY: Resident agrees not to remove or alter in any way owner’s property without specific written permission from the owner. Any removal or alteration of owner’s property without permission shall constitute abandonment and surrender of the premises, and termination by the tenant of this agreement Owner may take immediate possession and exclude Residents from the property, storing all Residents possessions at Resident’s expense pending reimbursement in full for owner’s loss and damages.

21. WATERBEDS: In the event any occupant of the premises shall use a flotation bedding system, the Resident shall carry an insurance policy with a loss payable clause payable to the owner. This policy should cover personal injury and damage to the owner, and should be in a form standard to the industry. The minimum limits should be $ 100,000. In the event the Resident installs a flotation bed installation, then the Resident is in default, and owner will have remedies as per paragraph 20 above.

22. TERMINATION: After one month’s rental payment has been received, this agreement may be terminated by mutual consent of the parties. In such a case Deposits will remain in the possession of the owner.

23. METHOD OF PAYMENT: The initial payment of rent and deposits under this agreement must be made in cash, or cashier’s check drawn on a local financial institution. Checks may be accepted with owner approval. Thereafter, monthly rent payments may be paid by check until the first check is dishonored and returned unpaid. Regardless of cause, no other additional payments may afterwards be made by check. Checks returned will not be re-deposited. The Resident will be notified by a 3 day notice, and will be required to pay the amount due, including the bad check charge, in cash. Resident is aware that owner may report past rent, damages, utilities or other costs owed by Resident to credit reporting agencies. Resident understands this reporting could affect Resident's ability to obtain credit for future housing.

24. DELIVERY OF RENTS: Rents must be hand delivered to the Owner or delivered by mail to an address the owner provides. Any rents lost in the mail will be treated as if unpaid until received by Owner. It is recommended that payment made in cash or money order be delivered in person to the owner. Only rents received by mail or in person on or before the due date will qualify as paid rent.

25. RETURN OF DEPOSIT: Security deposits will be deposited for the Resident’s benefit in a non-interest bearing bank account. Release of these deposits is subject to the provisions of State Statues and as follows: A. The full term of this agreement has been completed. B. Formal written notice has been given. C. No damage or deterioration to the premises, building(s), or grounds is evident, other than normal wear. D. The entire dwelling, appliance, closets and cupboards, are clean and left free of insects, the refrigerator is defrosted, and all debris and rubbish has been removed from the property; the carpets are cleaned and left odorless. E. Any and all unpaid charges, pet charges, late charges, extra visitor charges, delinquent rents, utility charges, etc., have been paid in full. F. All keys have been returned, including keys to any new locks installed while resident was in possession. G. A forwarding address has been left with the owner. Thirty days after termination of occupancy, the owner will send the balance of the deposit to the address provided by the Resident, payable to the signatories hereto, or owner will impose a claim on the deposit and so notify the Resident by certified letter. If such written claim is not sent, the owner relinquishes his right to make any further claim on the deposit and must return it to the Resident provided Resident has given the Owner notice of intent to vacate, abandon, and terminate this agreement proper to the expiration of its full term, at least 7 days in advance.

26. GAS, ELECTRIC AND WATER: Resident agrees to transfer the gas, electric, and water service charges to their name immediately upon occupancy and to make arrangements for meter readings as needed.

27. TEN (10) DAY INSPECTION: Under the terms of this lease/rental agreement, Residents will provide the owner with a completed inspection statement that the Resident creates. It is their obligation to inspect the premises and to fill out and return to the Owner their inspection sheet within 10 days after taking possession of the premises. It will be presumed that the house is functioning in a satisfactory manner in all respects after the expiration of the 10 days. Resident agrees that failure to file such a statement shall be conclusive proof that there were no outwardly apparent defects of note in the property.

28. OWNERS AGENTS AND ACCESS: The owner may be represented by an agent who will carry identification. Resident specifically agrees to permit the owner or agent(s) access to the premises for the purposes of inspection, repairs, or to show the property to another person at reasonable hours, on request. Resident will also allow signage in the yard.

29. REPAIRS: The Resident(s) will be responsible for the cost of repairs caused by their negligence. The Resident(s) will notify the Owner of needed repairs not caused by their negligence. It is agreed by both parties that the Owner’s failure to make repairs in a timely manner will allow the Resident to contract for the repair at the Owner’s expense and deduct the expense from the next months rent. Any improvement made by the tenant shall become the property of the Owner at the conclusion of this agreement.

30. WORKER’S WARRANTY: All parties to this agreement warrant that any work or repairs performed by the Resident will be undertaken only if he/she is competent and qualified to perform it, and the person performing the work will be totally responsible for all activities to assure they are done in a safe manner which will meet all applicable statutes. They further warrant that they will be accountable for any mishaps or accidents resulting from such work, and that they will hold the Owner free from harm, litigation or claims of any other person.

31. RADON: Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon gas that exceeds Federal and State guidelines have been found in buildings. Additional information regarding radon and radon testing may be obtained from your county public health office.

32. LEAD-BASED PAINT: Houses built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet of lead poisoning prevention.

33. SMOKE DETECTORS: Smoke detectors have been installed in this residence. It’s the tenant’s responsibility to maintain its appliance including testing periodically and replacing batteries as recommended by the manufacturer. In the event the detector is missing or inoperative, the tenant has an affirmative duty to notify the landlord immediately. Residents are responsible for any and all damages due to missing or broken smoke detectors if no notification is given to the owner of there faulty condition.

34. DEFAULT BY RESIDENT: Any breach or violation of any provision of this contract by Resident or any untrue or misleading information in Resident’s application shall give the Owner or his agent’s the right to terminate this contract, evict the Resident and to take possession of the residence. The Resident agrees to a forfeiture of the security deposit and Owner may still purse any remaining amounts due and owing. Resident’s liability for any remaining amounts due and owing is limited to a prorated share, unless determined directly responsible.

35. SHOWING HOUSE: Landlord reserves the right to show the house to prospective tenants at any time given he provides tenants with 24hours notice. Tenants will keep the house in clean and working order during this time.

36. BANKRUPTCY: In the event of bankruptcy or state insolvency proceeding being filed against the Resident, his heirs, or assign, at the option of Owner, his agent, heirs, or assigns, and immediately declare this contract null and void, and to once resume possession of the premises. No judicial officer shall ever have any rights, title, or interest in or to the above-described property by virtue of this agreement.

37. RENEWAL TERM: At the end of initial term herein, as per page 1, owner may elect to renew for another term but at a rental increase of 3% to 5% of current rental rate depending on the market index.

I'm 38. ACKNOWLEDGMENT: In this agreement the singular number where used will also include the plural, the Masculine gender will include the Feminine, the term Owner will include Landlord, Lesser, and the term Resident will include Tenant, Lessee. The below-signed parties acknowledge that they have read and understand all of the provisions of this agreement. This contract is bound by all heirs, executors, successors and/or assigns.

Submitted October 01, 2015 at 08:30AM by DrCharlesTheCatPhD http://ift.tt/1OHUzRb legaladvice