LEASE AGREEMENT. Cal-Western

Transcription

1 LEASE AGREEMENT This Residential Lease Agreement (hereinafter "Agreement" or "Lease") is entered into between CWPM, Inc dba Property Mgt. (hereinafter "Landlord") and the following individuals, jointly and severally (hereinafter collectively "Residents"): Fred Flintstone. 1. LEASED PREMISES: Landlord rents to Resident(s) the premises located at 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA (hereinafter "the Premises") for use as a residence and for no other purpose. Pursuant to Civil Code Section 1962(a)(1) the current property manager is authorized to manage the Premises. The telephone number and street address at which personal service may be effected on this person is (408) , 1270 S. Winchester Blvd. Suite 127, San Jose, CA TERM: a. Original Term. This Lease shall be for a period of 1 year, commencing on January 1, 2013, and ending on December 31, 2013, unless sooner terminated as provided in this Lease or allowed by applicable law. b. Delay of Possession. Resident(s) understand that, for reasons beyond the control of Landlord, Landlord may not be able to provide occupancy to Resident(s) on the commencement date if, for example, a former tenant of the Premises who has given notice to leave cancels the notice or fails to leave by the scheduled date. If, for any reason, Landlord is unable to provide occupancy to Resident(s) by the scheduled commencement date, Resident(s)' remedy in this event shall be limited to termination of this Agreement and Resident(s) shall be entitled to a prompt refund of any monies paid. Landlord shall have no liability to Resident(s) if there is a delay of possession other than to promptly refund any monies paid. c. Holding Over. Any holding over by Tenant(s) at the expiration of the Lease term with the consent of Landlord shall create a tenancy from month to month on the same terms and conditions set forth herein, subject to amendment by Landlord as set forth in Civil Code section 827 and terminable by either party on thirty days written notice in accordance with the provisions of California Civil Code section 1946, unless a longer notice period is required by applicable law. 3. RENT: Resident(s) shall pay to Landlord, as rent for the Premises, the sum of $2, each month. The name, telephone number and address of the person or entity to whom rent payments shall be made is Property Management, (408) , 1270 S. Winchester Blvd. Suite 127, San Jose, CA Except as otherwise provided herein, said sum shall be paid in full, in advance, on or before the first day of each month in the form of personal check, cashier's check or money order. If in any month the rent is paid after the 3rd day of the month, payment must be in the form of cashier's check or money order. If Landlord serves Resident(s) with a three-day notice to pay rent or surrender possession, which Landlord may do on any date after the first day of the month, any payment tendered following service of said notice must be in the form of cashier's check or money order. If any check given by Resident(s) is, for any reason whatsoever, returned unpaid by the bank upon which drawn, all subsequent payments for the balance of Resident(s)' occupancy of the Premises (including the payment necessary to replace the dishonored check) must be in the form of cashier's check or money order unless Landlord agrees, in writing, to waive this requirement. It is Resident(s)' responsibility to be certain that each payment is actually received by Landlord on or before its due date. Use of a rental payment drop box is for Resident(s)' convenience - the risk of receipt of funds by Landlord when such box is used is Resident(s)', and not Landlord's, risk. The usual days and hours when rent payments may be made personally are Monday-Friday 8:30-5: LATE CHARGE AND NSF CHARGE: Landlord and Resident(s) agree that the actual cost to Landlord when Resident(s) fail to pay rent on time, or when Resident(s) pay rent by a check which is subsequently dishonored by the bank, is difficult or impossible to ascertain, but the parties agree that Landlord does, in the event of late payment or in the event of a dishonored check, incur certain costs, such as additional bookkeeping and administrative charges, bank charges, lost opportunity costs of the late payment, etc. After making a reasonable endeavor to estimate accurately the approximate costs associated with such a breach, which both parties agree is difficult or impossible to ascertain, the parties agree that, any time the rent for any given month is paid after the 3rd day of such month, Resident(s) will in that month pay to Landlord, as additional rent due with the late payment, a late charge in the sum of $ and further agree that, in the event of a dishonored check, Resident(s) will pay to Landlord, as additional rent due with the payment required to replace the dishonored check, a NSF fee in the sum of $ The parties agree that the payment of these sums does not constitute a license to pay rent late nor does it constitute a license to pay by dishonored check. Rent remains due on the first day of the month and there is no grace period for the payment of rent. A three-day notice to pay rent or quit may be served at any time after the first day of the month irrespective of the existence of the late charges as set forth herein. If such notice is served after the second day of the month, it may include the late charge (or NSF charge, if applicable) which charges, as set forth above, are payable as additional rent. 1

2 5. RENTAL PRO-RATION: Resident(s) shall pay to Landlord, before taking occupancy of the Premises, one full month's rent in addition to a security deposit (see Paragraph #6). In the event that Resident(s) take occupancy of the Premises on a day other than the first day of the month, Resident(s) shall pay the prorated sum of $2,000.00, due on the first day of the second month of occupancy of the Premises, as and for the pro-rated amount of rent to cover the period through the final day of the first full month of occupancy. Commencing with the following month, a full month's rent shall be due each month on or before the first day of the month as stated in Paragraph #3 above. In the event of a conflict between the amount set forth in this paragraph and the amount which an arithmetic computation would yield based upon the rental rate set forth in Paragraph #3 above divided by thirty, with the result multiplied by the number of days in the pro-ration period, the amount determined by said arithmetic computation shall govern (i.e., if the amount set forth in this paragraph is computed incorrectly, any such arithmetic error shall not be binding - the amount owing shall be the amount resulting from a correct arithmetic computation of the pro-ration). In all instances where a pro-rated amount of rent is computed during this tenancy, a thirty day month shall be assumed irrespective of the actual number of days in the month for which the pro-ration is computed. 6. SECURITY DEPOSIT: Resident(s) shall pay to Landlord, as security, the sum of $2,000.00, which sum shall not exceed the maximum permitted by California Civil Code Section This sum shall be applied and accounted for in accordance with the provisions of California Civil Code and any other applicable statutes. Landlord shall not be obligated to pay Resident(s) interest in connection with such security deposit. It is understood that the security deposit is applicable to all Resident(s) jointly, and need not be accounted for until the permissible statutory period after such time as all Residents have vacated the Premises. Any refund due at such time may be made payable jointly to all Resident(s) and it shall be the responsibility of all Resident(s) to work out between themselves the manner of dividing said security deposit. If Landlord chooses to make the refund to any of the Resident(s) individually (which need not be done until the statutory time has elapsed after all Residents have vacated the Premises), in legal contemplation the payment shall be deemed to have been made to all Residents and Landlord shall have no liability to any one or group of Resident(s) for failure of any Resident(s) to equitably divide such refund. If the security deposit is later increased by agreement of the parties for any reason (such as the installation of a satellite dish, a waterbed or relating to a pet), the additional security deposit will be disbursed by Landlord in accordance with this paragraph at the end of the Resident(s)' tenancy. Removal of the pet, satellite dish or waterbed, or whatever caused the increase in the deposit, will not be grounds for early disbursement of the security deposit. 7. MOVE-IN PAYMENT: Resident(s) shall pay to Landlord, at the time of move-in, the sum of $4, This amount is composed of the following sums: $2, as the first month's rent, $2, as security deposit (see Paragraph #6 above), and $0.00 as the advance payment of rent for the period. Landlord may require that this entire sum be paid in the form of cashier's check or money order. If Landlord accepts a personal or other non-certified check and said check is, for any reason whatsoever, returned unpaid by the bank upon which drawn, the entire amount shall immediately become due and payable and shall be considered rent so that Landlord may serve a three-day notice to pay rent or quit for the entire amount and, if Resident(s) does not comply with said notice, Landlord may utilize unlawful detainer procedures to evict Resident(s) from the Premises. 8. OCCUPANCY: The Premises shall be occupied only by the following persons: Name: of Birth: Fred Flintstone 7/13/1979 No other persons have permission to occupy the Premises unless such permission is in writing and signed by Landlord or its authorized agent. Landlord's acceptance of rent from any other individual shall be deemed to be the payment of rent on behalf of the Resident(s) named above and shall not constitute permission for the person making the payment to occupy the Premises. Should any person not named above make any claim to right of possession of the Premises any such person shall be deemed to be the guest or invitee of the named Resident(s) and their claim to right of possession shall be denied. Any person named above in this Paragraph #8 who is not also named above as a Resident and/or who is not a signatory to this Lease shall be deemed to occupy the Premises under the named Resident(s) who are signatories to this Agreement and shall thus be deemed the invitees of said named Resident(s). Accordingly, should any such individual not be named in any unlawful detainer action to regain possession of the Premises, and should any such individual thereafter make a claim to right of possession of the Premises, that claim shall be denied on the basis that said individual is the invitee of the named Resident(s) and does not have an independent claim to right of possession of the Premises. 9. UTILITIES: Payment of all utilities charges shall be the responsibility of Resident(s), with the exception of None, which shall be paid by Landlord. With respect to the utilities charges listed above to be paid by Landlord, Resident(s) shall not make excessive or unreasonable use of such utilities. In the event that Resident(s) do make excessive or unreasonable use of such utilities, Landlord may bill Resident(s) for such excessive or unreasonable use and said billing shall become 2

3 due and payable, in full, as additional rent together with the regular monthly rental payment on the first day of the month next following the date of such billing. In the event of a dispute as to any such charges, Resident(s) shall pay the disputed amount as required, but may file a Small Claims Court action for a refund and, if such Court determines that the amount charged by Landlord is excessive, Landlord shall promptly refund any such overcharge. In the event Resident(s) fail to pay any utility charges which are to be paid by Resident(s), Landlord may, at its option, pay such charges to retain continuing utilities service. In the event that Landlord does so, any such charges may be billed to Resident(s) by Landlord and said billing shall become due and payable, in full, as additional rent together with the regular monthly rental payment on the first day of the month next following the date of such billing. 10. JOINT AND SEVERAL LIABILITY AND AUTHORITY: All persons signing this agreement as Resident(s) shall remain jointly and severally liable for all obligations arising hereunder, whether or not they remain in actual possession of the Premises. The giving by any individual Resident of a notice of termination of tenancy shall not terminate the Lease as to that Resident unless all Residents vacate the Premises by the agreed date. Landlord may, however, treat any such notice as a notice binding against all Resident(s) of the Premises, and may institute unlawful detainer proceedings against all Resident(s) in the event that they do not restore possession of the Premises to Landlord on or before the end of the notice period. Conversely, Landlord may, at its sole option, in the event that one or more Resident(s) give notice but all Residents do not return possession of the Premises to Landlord within the notice period, continue the tenancy in effect and, if Landlord does so, all Resident(s), including the Resident(s) giving notice, shall remain fully liable for all obligations arising hereunder whether or not they remain in occupancy of the Premises. 11. NOTICES: Any notice which Landlord gives to Resident(s) shall be deemed properly served (whether or not actually received by Resident(s)) if served in the manner prescribed in Code of Civil Procedure Section Except as prohibited by law, if Landlord fails to serve the notice in accordance with the provisions of Code of Civil Procedure section 1162, but Resident(s) actually receive the notice, the actual receipt shall be deemed to cure any defects in the manner of service and the notice shall be deemed properly and personally served. Service upon any of the Resident(s) of the Premises shall be deemed valid service upon all Resident(s) - it is not necessary to individually serve each Resident unless otherwise required by law. 12. ACCESS TO PREMISES: The parties agree that upon advanced reasonable written notice to Resident(s), unless otherwise agreed to by Resident(s), Landlord shall have the right to enter the Premises during normal business hours for the purpose of: (a) making desired, necessary or agreed repairs, decorations, alterations, improvements, or renovations to the Premises, an adjacent unit or for the benefit of the building in which the Premises is located; (b) supplying necessary or agreed services; (c) showing the unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors; or (d) for any other purposes permitted by California Civil Code 1954 (and any other applicable statutes or amendments which might be enacted subsequent to the execution of this Lease). The parties hereby agree that twenty-four (24) hours notice is presumed reasonable, although, both acknowledge that a shorter time period may also be reasonable under the circumstances. In the case of an emergency, or Resident(s)' abandonment or surrender of the Premises, Landlord or its agent may enter the Premises at any time without first securing Resident's prior permission. Resident(s) agree to permit Landlord access to the Premises in accordance with this Paragraph 12. Resident(s) agree that, should they deny Landlord access to the Premises when Landlord is in compliance with statutory requirements and entitled to access, any such denial of access shall be deemed a material and incurable breach of this Lease and shall entitle Landlord to serve Resident(s) with a three-day notice terminating the tenancy. 13. MISSTATEMENTS ON APPLICATION: Resident(s) have completed an application in connection with securing this Lease. Landlord has relied upon the statements set forth in said application in deciding to rent the Premises to Resident(s). It is agreed that, should Landlord subsequently discover any misstatements of fact in the Resident(s)' application, any such misstatements shall be deemed a material and incurable breach of this Lease and shall entitle Landlord to serve Resident(s) with a three-day notice terminating the tenancy. 14. USE OF PREMISES: Resident(s) agree that the Premises are rented for residential use only. Resident(s) shall not use the Premises as a business address, nor shall Resident(s) conduct any business activities on the Premises. Conducting business activities includes, without limitation, using the Premises as a mailing address for a business enterprise, having a business telephone line in the Premises, having business clients meet with Resident(s) at the Premises, having business stationery setting forth the address of the Premises as a business address, assembling or manufacturing any product upon the Premises, or otherwise holding out the Premises as the address of any business. Resident(s) additionally agree not to permit the Premises to be used for any illegal purpose, nor to engage in any illegal acts upon the Premises or upon the grounds of the apartment complex. Resident(s) agree not to have any illegal narcotics in the Premises or on the grounds of the apartment complex. Resident(s) agree to reimburse and indemnify Landlord for all fines or other penalties incurred by Landlord as a result of the violation of any statute, ordinance, regulation or other governmental restriction by Resident(s), their guests or invitees. Resident(s) further agree not to harass, annoy or endanger any other Resident of the Apartment 3

4 Community or their guests or create any nuisance in the Apartment Community. Resident(s) also agree not to do or permit anything to be done in the Premises that may be deemed hazardous or which will cause a cancellation of or an increase in the premiums for any insurance for the Apartment Community. Resident(s) additionally agree not to deface or damage any part of the Premises or the Apartment Community or permit the same to be done or keep any flammable or explosive materials or any substance considered dangerous, hazardous or toxic under any governmental law or regulation in the Premises. Any violation of this provision shall be deemed a material and incurable breach of this Lease and shall entitle Landlord to serve Resident(s) with a three-day notice terminating the tenancy. Nothing set forth herein shall be deemed as disallowing any use of the premises that cannot legally be prohibited. 15. SMOKING: Resident(s) who smoke, or allow smoking by their invitees or guests, must ensure the smoke does not disturb the quiet enjoyment of other residents. Secondhand tobacco smoke may seep and drift through open doors, windows, and ventilation ducts, which may constitute a disturbance to those residents who do not smoke, particularly those with health and allergy- related sensitivities. Pursuant to other provisions of this Agreement, Resident(s) agree not to harass, annoy, or endanger any other resident or person, or create or maintain a nuisance, or disturb the peace or solitude of any other resident. Resident(s) are responsible for the conduct of guests or invitees while they are on the Property. Violation of this provision may result in the immediate termination of this Agreement as provided herein and by law. Landlord, however, does not provide or guarantee a smoke-free environment and smoking is permitted in individual units and in most outdoor common areas, except where prohibited by law. As such, nothing herein shall be deemed a guarantee of any kind that Resident(s) will not be exposed to tobacco smoke while on the Property and Landlord expressly denies any such assertion. 16. ASSIGNMENT AND SUBLETTING: Unless prohibited by local regulations, Resident(s) shall not assign this Lease nor sublet all or any part of the leased Premises. Permitting any person not named as an occupant or as a resident in this Lease to occupy the leased Premises shall be deemed an improper subletting of the leased Premises and shall subject the tenancy to termination. Any attempted subletting or assignment in violation of this provision shall be void. 17. LIQUID-FILLED FURNITURE AND AQUARIUMS: Waterbeds and other liquid-filled furniture are allowed only under the regulations of California Civil Code Section , which requires proper insurance coverage for waterbeds. A certificate of insurance evidencing waterbed coverage must be provided to Landlord prior to Resident bringing any liquid-filled furniture into the Premises. Resident must provide Landlord with at least 24-hours written notice prior to the installation, removal or movement of any liquid-filled furniture and Landlord has the right to be present at the time of such installation, removal or movement. Installation movement and removal must be done in accordance with standards set by the manufacturer, retailer or state law, whichever provides the higher degree of safety. No aquariums over 10 gallons permitted without prior written consent of Management. If Resident installs any liquid-filled furniture, the Security Deposit shall be increased by $0.00, which in no event shall be more than one-half of one month's rent. 18. MILITARY TRANSFER: If Resident(s) is or becomes a member of the Armed Forces on extended active duty, a member of the State National Guard serving on full-time duty, or a civil service technician with a National Guard unit, and receive change-of-duty orders to depart from the local area for longer than ninety (90) days, or are relieved from such duty, Resident(s) may terminate this Lease by giving thirty (30) days prior written notice to Landlord, provided you are not otherwise in default. As condition to such termination, you will furnish us with a certified copy of the official orders which warrant termination of this Lease. Military orders authorizing base housing in the local area in which the Premises is located do not constitute change-of-duty hereunder. 19. CONDITION OF PREMISES-ALTERATIONS: Resident(s) have inspected the Premises and acknowledge that the same is in good and habitable order and repair at the time Resident(s) are given occupancy. Resident(s) agree not to make any alterations or improvements to the Premises without the prior written consent of Landlord. All additions, fixtures and improvements shall be Landlord's property and shall remain upon the Premises after the termination of the Lease unless Landlord, as a condition to Resident(s) making such alteration, consents to such alterations or additions and requires that the Premises be restored to the condition existing prior to such alteration or addition. 20. DUTY TO CLEAN AND VENTILATE: Resident(s) hereby acknowledge that mold and mildew can grow in the Premises if the Premises is not properly maintained and ventilated. Resident(s) acknowledge that it is important that Resident(s) regularly allow air to circulate in the apartment. Resident(s) agree to regularly allow air to circulate in the Premises by using bathroom fan(s), using ceiling fans, where available, and regularly opening the windows and/or sliding doors where available. Since it is common for mold and mildew to grow if even a small amount of moisture builds up, Resident(s) also agree to clean all toilets, sinks, counter-tops, showers, bathtubs and tile or linoleum floors with a household cleaner on a weekly basis. Resident further agrees to notify Landlord immediately whenever Resident(s) learn of any condition which could lead to a build up of moisture in their apartment, including, but not limited to plumbing leaks, broken window or door seals, accumulation of rainwater or other moisture around windows or doors, broken water lines or sprinklers, inoperable fans, doors or windows and/or any failure or malfunction in the heating, ventilation or airconditioning system in the unit. If 4

5 Resident(s) notice mold or mildew growing in the Premises, Resident(s) agree to notify Landlord, in writing, immediately. Any failure to comply with the requirements of this Paragraph 20 shall be deemed a material breach of this Lease. 21. PARKING: Landlord shall not be liable for any damage or loss to motor vehicles of, or the contents of motor vehicles of, Resident(s) and/or Resident(s)' guests or invitees. Failure of Resident(s) or Resident(s)' guests or invitees to follow Community Rules and/or posted signs relating to parking and operation of vehicles will result in the towing of the offending vehicle at the cost of the vehicle owner. 22. LIABILITY: Landlord shall not be liable to Resident(s) or to any guests or invitees of tenant(s) for any damage or losses to person or property arising from any cause including, but not limited to, theft, burglary, assault, vandalism, fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosion, interruption of utilities, earthquake, or any other condition over which the Landlord had no control. 23. DAMAGE TO PREMISES: a. If the Premises is damaged by fire, flood or other casualty, necessitating repairs which require Resident(s) to vacate the Premises for any length of time), in the sole and absolute discretion of Landlord, Landlord shall have the option either (1) to repair the damage or otherwise restore the Premises, with this Agreement continuing in full force and effect, or (2) give notice to Resident(s) at any time after such damage occurs or repairs become necessary terminating this Agreement as of a date to be specified in such notice. b. If Landlord elects to terminate, this Agreement shall expire and all interest of the Resident(s) in the Premises shall terminate and Landlord shall have no obligation to pay for lodging costs to Resident(s) after the termination date. Landlord shall not be required to repair any damage by fire or other cause or to make any repairs of any property installed in the Premises by Resident(s). c. If Landlord elects to repair the damage and/or make the significant repairs and continue this Agreement in force and effect, Resident(s) agree to vacate the Premises for the time necessary for the repairs to be completed and, if Resident(s) need to be absent for more than eight (8) hours in any twenty-four (24) hour period, relocate to alternative housing of the Landlord's choosing. Landlord shall be responsible to pay for the alternative housing; however, Resident(s) will remain responsible for all rent while Landlord is paying for the alternative accommodations. If Resident(s) elect to relocate to lodging other than that designated by Landlord, then Landlord shall have no obligation to pay the cost of such lodging, which shall be at Resident(s)' sole cost and expense; although Resident(s) shall have no obligation to pay rent during the time the Premises is not available to Resident(s) during the repairs if Landlord is not paying for the alternative lodging. 24. SIGNIFICANT REPAIRS: a. If the Premises requires significant renovations, improvements or repairs (such as, by way of example only and not by way of any limitation, tenting for termites, treating for pests or other vermin, replacing plumbing or electrical wiring, etc.) which require Resident(s) to vacate the Premises for any length of time, Resident(s) must vacate the Premises as needed and otherwise cooperate with Landlord in its efforts to perform the work. Landlord shall give Resident(s) at least ten days written notice of the need to vacate the Premises which notice shall include Landlord's best estimation of the length of time Landlord anticipates Resident(s) will need to be absent from the Premises. b. Resident(s) agree to vacate the Premises for the time necessary for the work to be completed and, if Resident(s) need to be absent from the Premises for more than eight (8) hours in any twenty-four (24) hour period, relocate to alternative housing of the Landlord's choosing. Landlord shall be responsible to pay for the alternative housing; however, Resident(s) will remain responsible for all rent while Landlord is paying for alternative accommodations. If Resident(s) elect to relocate temporarily to lodging other than that designated by Landlord, then Landlord shall have no obligation to pay the cost of such housing, which shall be at Resident(s)' sole cost and expense; although Resident(s) shall have no obligation to pay rent during the time the Premises is not available to Resident(s) during the repairs if Landlord is not paying for the alternative lodging. 25. DUTY TO COOPERATE: Failure to vacate the Premises or otherwise cooperate with Landlord's efforts to conduct repairs, renovations or other improvements at the Property is a material breach of this Lease and grounds for termination of this Agreement. 26. RENTER'S INSURANCE: Landlord does not provide insurance for Resident(s)' personal property or automobile. Renter's Insurance is designed to provide Resident(s) with reimbursement for loss, damage or destruction of their property, as well as coverage for additional living expenses incurred should the Premises, for example, become uninhabitable as the result of a fire. Such insurance can also protect Resident(s) from any liability claims resulting from their own personal activities. For example, should Resident(s)' negligence be the cause of a fire, Resident(s) may be held responsible for the damage of the property of others, including Landlord's property. Resident(s) are encouraged to obtain Renter's Insurance in an amount sufficient to cover any personal possessions of Resident(s) together with a reasonable level of liability 5

6 coverage of the actions of Resident(s) or Resident(s)' guests or invitees. 27. SAFETY CONCERNS: Resident(s) are responsible for their own safety and security. The presence of courtesy patrols, patrol cars, access gates, surveillance cameras or other deterrents do not guarantee that crime can or will be prevented. All such systems are subject to personnel absenteeism, human error, mechanical malfunctions and tampering. Resident(s) are responsible for planning and taking action with respect to the safety of themselves and their property as if such systems and deterrents did not exist. 28. SUBORDINATION: This Lease and all rights of Resident(s) arising hereunder are expressly agreed to be subject and subordinate in all respects to the lien of any present or future mortgages which are or may be placed upon the property of Landlord or assigns of Landlord and to all other rights acquired by the holder of any such mortgage(s). As used herein, the term "mortgage" shall include deeds of trust or any similar security interest. 29. SUCCESSORS IN INTEREST: If the property is sold or the ownership interest otherwise transferred, the successor in interest of Landlord shall be deemed the assignee of all rights arising hereunder, and shall be entitled to enforce the provisions of this Lease as against Resident(s). Nothing in this provision shall be construed as conflicting or superseding the foregoing subordination or as requiring a continuation of the tenancy in the event of a foreclosure or other involuntary transfer of ownership. 30. MEGAN'S LAW DATABASE: Notice: Pursuant to Section of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at 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. Since the information is equally available to Residents and Landlord, and Landlord cannot discriminate against Registrants pursuant to Penal Code Section et seq., Landlord has not made any inquiry of any applicant or resident as to whether he or she is a Registrant. Residents are advised to take whatever reasonable and lawful actions Residents believe necessary to protect household members or guests against any potential harm. This includes talking to any children or individuals with a diminished capacity about how to deal with strangers and similar topics. Residents are advised that Landlord may not notify Residents if Landlord learns or is advised that a Registrant is living in the Apartment Community. The existence of registered offenders in the Apartment Community is not grounds for breaking this Agreement. 31. CONDUCT OF RESIDENT; COMPLIANCE APARTMENT COMMUNITY RULES: a. Resident receipt of a copy of the Apartment Community Rules ("Rules"), which Rules are incorporated into and made a part of this Lease. Resident(s) agree to abide by said Rules in all respects. Any Rules may be changed on thirty days notice and Resident(s) agree to abide by any such changes. Failure to comply with the Rules shall be deemed a breach of this Lease. b. Resident agrees not to harass, annoy, or endanger any other resident or person, or create or maintain a nuisance, or disturb the peace or solitude of any other resident, or commit waste in or about the Premises. Resident is responsible for the conduct of his/her/their guests or invitees while they are on the Property. c. Certain acts are considered to be contrary to the safety, well being, peace, and enjoyment of the other residents of the Property. These include, but are not limited to, the use, possession or sale of illegal drugs, and carrying or exhibiting firearms on the Property (except as required by law or job necessity). A resident conducting any of the activities set forth hereinabove shall be deemed in violation of this Agreement, and said activity shall be grounds for termination of this Agreement with a Three (3) Day Notice to Quit. d. Resident further agrees not to harass, verbally abuse, denigrate or otherwise disrespect Management's employees, agents and/or contractors. Failure to abide by this policy will result in a written warning and will be grounds for termination of the lease if there are future violations. 32. PETS: No pets are permitted without the prior written consent of the Landlord. Any such consent may be revoked at any time, with or without cause, by giving ten (10) days written notice. Except to the extent written permission is given, pets may not be brought upon the Premises, whether such pets belong to Resident(s) or to any other person. The presence of any pets as to which written permission has not been given and is not currently in force, even if such pets are "just visiting", shall be deemed a material and incurable breach of this Lease and shall be cause for the service of a three-day notice terminating the tenancy. This policy does not apply to service animals. 33. SMOKE DETECTOR: Resident(s) acknowledge that the Premises are equipped with operable smoke detectors. Resident(s) agree to not interfere with the presence or operability of such smoke detectors and to immediately report to Landlord, in writing, any defects in the condition of any smoke detectors. Resident further agrees that, if the smoke detector(s) is battery operated, Resident shall have the responsibility to: (a) ensure that the battery is in operating condition at all times; and (b) replace the battery as needed (unless otherwise provided by law). 6

7 ***SIGN HERE*** { Fred Flintstone } {} { } {} 34. SATELLITE DISHES: If Resident(s) choose to install an individual satellite dish at the unit, it must be one meter [approximately 3 feet, 3 inches] or less in diameter or a traditional stick type antenna. Resident(s) may not install a satellite dish or antenna in any common areas; drill holes through walls, roofs, railways or glass; or mount a satellite dish/antenna in a manner that will cause more than ordinary wear and tear to the Premises. a. Resident(s) must pay an additional deposit of $0.00 to cover potential damage to the Premises and the Apartment Community. This additional deposit will be returned to Resident(s) after Resident(s) vacate the Premises, provided the damage caused by the dish is only reasonable wear and tear. b. Assumption of the Risk. Resident(s) assume all risk and responsibility for any injury or property damage caused by the installation, operation or removal of the dish, including any caused by a failure to securely attach the dish to the Premises. c. Renter's Insurance. Because satellite dishes are susceptible to wind or being knocked over by occupants in the Apartment Community, Resident(s) must have Renter's Insurance that covers any and all losses from the installation, operation and removal of the dish. Resident(s) must provide Landlord with evidence of such coverage. 35. INDEMNITY/HOLD HARMLESS: Resident(s) agree to indemnify and hold Landlord harmless and to indemnify Landlord for any costs of defense from any claims arising out of any death or injury to any person, or any damage to property, if such injury or damage is caused directly or indirectly by the act, omission, negligence, or fault of Resident(s) or Resident(s)' guests or invitee(s). 36. ASBESTOS DISCLOSURE, OPERATION AND MAINTENANCE PROGRAM: Applicable only if checked here (must be checked if building is constructed prior to 1981 or if Landlord knows or believes there is asbestos on the Premises.) a. Asbestos is a mineral on the list of chemicals known to the State of California to cause cancer. Asbestos is present in the sprayed-on acoustic ceiling material (which has a "cottage cheese" appearance) in the Premises and in hallways and other areas in the building in which the Premises is located. Asbestos may also be present in other materials in the Premises and the building, including the insulation fireproofing and floor tiles. b. Landlord has instituted operations and a maintenance program directed at maintaining the Premises in accordance with any applicable Federal and State Safety requirements regarding asbestos-containing material. This program is designed (among other things) to prevent release of asbestos fibers into the air; minimize disturbance of damage to asbestos-containing material; monitor the conditions of materials and air in the building; and regulate maintenance, renovation and construction activities. No matter how small the percentage of such material may be, Resident(s) and Resident(s)'s invitees shall comply with such rules and regulations as Landlord from time to time may prescribe in connection with Landlord's operations and maintenance program, including, without limitation the following: 1. Hazardous materials: Resident(s) shall not take or allow any action which in any way damages or disturbs all or part of the ceiling or floor tiles in the Premises, including, but not limited to: piercing the surface of the ceiling or floor tiles by drilling or any other method; hanging plants, mobiles or other objects from the ceiling; allowing any objects to come into contact with the ceiling; permitting water or other liquid to come into contact with the ceiling; painting or undertaking any repairs or improvements with respect to the ceiling; 2. Resident(s) shall notify Landlord immediately in writing: (a) if there is any damage to or deterioration of the ceiling or floor tiles in the Premises, including, without limitation, loose, cracking, hanging or dislodged material, water leaks, or stains in the ceiling or floor tiles; or (b) upon the occurrence of any of the activities described in the preceding paragraph. Fred Flintstone (Resident) 37. LEAD-BASED PAINT DISCLOSURE AND WARNING: Applicable only if checked here (must be checked if building is constructed prior to 1978 or if Landlord knows or believes there to be lead-based print on the Premises.) a. Lead Warning Statement. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed 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/or lead based paint hazards in the dwelling. Resident(s) must also receive a federally approved pamphlet on lead poisoning prevention. 7

8 b. Landlord's Disclosure (check appropriate box or boxes). Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the Premises. Landlord knows that lead-based paint and/or lead-based paint hazards are present in the Premises. (explain) Landlord has no reports or records pertaining to lead-based and/or lead-based paint hazards in the Premises. Landlord has reports or records pertaining to lead-based and/or lead-based paint hazards in the Premises provided Resident(s) with all available records and reports, which are attached to and made a part of the Lease. (list documents) c. Resident(s)' Acknowledgment. Resident(s) have received copies of all information listed above, if any. Resident(s) have received the pamphlet Protect Your Family from Lead in Your Home. 38. PROPOSITION 65 WARNING: The Premises as well as the common areas in and around the Apartment Community contain at least one of the following chemical(s) known to the State of California to cause cancer or reproductive toxicity and for which warnings are now required. These chemicals include, but are not limited to: tobacco, smoke, lead and lead components, asbestos, carbon monoxide and gasoline components. More information on specified exposures is available at California Health & Safety Code Section EVENTS OF DEFAULT: Resident(s) shall be guilty of material breach of this Lease should Resident(s): (a) fail to pay any rent or other sums payable under this Lease on the date it becomes due; (b) default in the performance of or breach of any other provision, term, covenant or condition of this Lease; (c) vacate or abandon the Premises before expiration of the full term of this Lease, or any extension thereof; (d) permit the leasehold interest of Resident to be levied upon or attached by process of law; or (e) make an assignment for the benefit of creditors. 40. WAIVER: Landlord's failure on any occasion to require strict compliance with any provision of this Lease or to exercise any rights arising hereunder shall not be deemed a waiver of Landlord's right to subsequently enforce any such provision or to insist upon any such right. The fact that Landlord may have accepted late payment(s) on one or more occasions shall not be deemed a waiver of Landlord's right to insist upon timely payment of rent nor to exercise any remedy available for late payment of rent. Acceptance of rent following a breach of this agreement shall not be deemed to constitute a waiver of such breach. No custom or practice which may develop between the parties in the course of the tenancy shall be construed to waive the right of Landlord to enforce any provision of this Lease. 41. TIME IS OF THE ESSENCE: Time is of the essence with respect to the provisions of this Lease. This provision shall be interpreted in its strictest sense irrespective of the relative hardship to the parties. 42. ATTORNEY'S FEES: In the event of any litigation relating to this Agreement or the rights or liabilities of any party arising hereunder, the prevailing party of such litigation shall be entitled to its costs, including reasonable attorneys' fees, incurred in such litigation, not to exceed a maximum total of $1, fees and costs. In the event any such litigation is dismissed prior to trial, the parties agree that there shall be no prevailing party for purposes of an award of attorney's fees and/or costs. An unlawful detainer action shall be considered an action relating to this Lease and thus subject to this provision. 43. ENTIRE AGREEMENT: This Lease sets forth the entire agreement between the parties with respect to the matters set forth herein. It shall not be altered nor modified unless such alteration or modification is in writing and signed by all signatories hereto. No verbal agreements or representations have been made or relied upon by either party or any agent or employee of either party, and neither party nor any agent or employee of either party is entitled to alter any provisions of this Lease by any verbal representations or agreements to be made subsequent to the execution of this Lease. The foregoing notwithstanding, should Resident(s) hold over after the expiration of the Lease term on a month-to-month holdover basis, Landlord may change any provision of this Lease without the consent of Resident(s) in the manner prescribed by California Civil Code section SEVERABILITY: If a provision or paragraph of this Lease is legally invalid, or declared by a court to be unenforceable, such provision or paragraph will be deemed deleted and the rest of this Lease remains in effect. To the extent that any provision of this Lease is in conflict with any provisions of applicable law, such provision is hereby deleted, and any provision required by applicable law which is not included in this Lease is hereby inserted as an additional provision of this Lease, but only to the extent required by applicable law and then only so long as the provision of the applicable law is not repealed or held invalid by a court of competent jurisdiction. 8

9 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} 45. ATTACHMENTS/ADDENDA: Resident(s) acknowledges receipt of a copy of the attachments listed in this section, which are incorporated into and made part of this Lease. Resident(s) agrees to abide by said attachments in all respects. Any failure to comply with any of the attachments shall be deemed a breach of this Lease. Asbestos Disclosure California Proposition 65 Warning Crime Free Addendum Insurance Facts for Residents Mold Agreement Resident Policies and House Rules Addendum Smoke Detector Agreement Bedbug Addendum Carbon Monoxide Detector Addendum Emergency Information Lead Paint Disclosure Pet Agreement Security Deposit Agreement Lead Paint Booklet 46. NON-DISCRIMINATION: There shall be no discrimination against or segregation of, any persons on account of race, creed, religion, sex, sexual orientation, marital status, family status (minor children or no minor children), national origin, ancestry, disability or any other protected classification under state or federal law, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises, nor shall the Landlord or any person claiming under or through Landlord, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of residents, lessees, subtenants, sub lessees or vendees of the Premises. 47. SIGNATORIES: The undersigned Resident(s), whether or not in actual possession of the Premises, are jointly and severally responsible for all obligations arising hereunder (see Paragraph #10 above). This Lease shall not be considered to be in full force and effect until signed by Landlord or Landlord's authorized agent. Landlord may, without liability, refuse to enter into this Lease and may refuse to allow Resident(s) to occupy the Premises at any time prior to signing this Lease. Anything to the contrary in this provision notwithstanding, Resident(s) shall be fully liable for all obligations arising hereunder, and Landlord may enforce the provisions of this Lease as against Resident(s) if, for any reason or by any means, Resident(s) obtain occupancy to the Premises before such time as this Lease has been signed by Landlord or Landlord's authorized agent. Fred Flintstone (Resident) (Owner/Agent) 9

10 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} RENTAL AGREEMENT/LEASE AGREEMENT ADDENDUM PERTAINING TO ASBESTOS POSTED IN ACCORDANCE WITH PROPOSITION 65. CALIFORNIA HEALTH AND SAFETY CODE ET SEQ. WARNING Resident is renting from Owner/Agent the premises located at 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA This building may contain asbestos, a chemical known to the state of California to cause cancer. 1. Resident(s) or their guests, employees and contractors shall not take or permit any action which in any way damages or disturbs the ceiling in the Premises or any part thereof, including without limitation: (i) piercing the surface of the ceiling by drilling or any other method; (ii) hanging plants, mobiles, or other objects from the ceiling; (iii) attaching any fixtures to the ceiling; (iv) allowing any objects to come in contact with the ceiling; (v) permitting water or any liquid, other than ordinary steam condensation, to come into contact with the ceiling; (vi) painting, cleaning, or undertaking any repairs of any portion of the ceiling; (vii) replacing light fixtures; (viii) undertaking any activity which results in building vibration which may cause damage to the ceiling. 2. Resident(s) shall notify Owner and Agents immediately in writing: (i) if there is any damage to or deterioration of the ceiling in the Premises or any portion thereof, including without limitation flaking, loose, cracking, hanging or dislodged material, water leaks, or stains in the ceiling; or (ii) upon the occurrence of any of the events described in Paragraph 1 above. 3. Resident(s) or their guests shall not use or keep in the Premises or cause to enter or remain in the Premises, any dangerous substances, including without limitation, materials identified as hazardous or toxic under any federal, state, or local laws or regulations and any other poisons, explosives, corrosive or radioactive materials. 4. For safety, each person must run water faucets for at least two seconds to clear the faucet of standing water prior to use. 5. This addendum is incorporated into and is a part of the Rental Agreement/Lease to which it is attached. Fred Flintstone (Resident) (Owner/Agent) 10

11 BEDBUG ADDENDUM This document is an Addendum and is part of the Rental/Lease Agreement, dated January 1, 2013 between Property Management "Owner/Agent" and Fred Flintstone "Resident" for the premises located at 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA It is our goal to maintain the highest quality living environment for our Residents. The Owner / Agent has inspected the unit prior to lease and knows of no bedbug infestation. Residents have an important role in preventing and controlling bed bugs. While the presence of bed bugs is not always related to personal cleanliness or housekeeping, good housekeeping will help control the problem by identifying bed bugs, minimizing an infestation, and limiting its spread. Resident(s) represent(s) that all furnishings and other personal property that will be moved into the unit are free of bedbugs. ***SIGN (Resident Initials) Resident agrees to maintain the premises in a manner that prevents the occurrence of a bedbug infestation in the premises. Resident agrees to uphold this responsibility in part by complying with the following list of responsibilities: 1. Resident shall practice good housekeeping, including the following: Resident shall remove clutter. Bed bugs like dark, concealed places, such as in and around piles of clothing, shoes, stuffed animals, laundry, especially under the bed and in closets. Reducing clutter also makes it easier to carry out housekeeping. Resident shall keep the unit clean. Vacuum and dust regularly, particularly in the bedroom, being especially thorough around and under the bed, drapes, and furniture. Use a brush attachment to vacuum furniture legs, headboard, and in and around the nightstand. While cleaning, look for signs of bed bugs, and report these immediately. Resident shall avoid using secondhand or rental furnishings, especially beds and mattresses. Used items are often infested with bed bugs. If you must use rented or secondhand items, inspect them carefully, and never accept any item that shows signs of bed bugs. Resident shall not bring discarded items from the curbside into the unit. Resident shall cover mattresses and box springs with zippered, vinyl coverings. These are relatively inexpensive, and can prevent bed bugs from getting inside the mattress, their favorite nesting spot. The covers will also prevent any bugs inside from getting out; they will eventually die inside the sealed cover (though this may take many months). Thicker covers will last longer. Resident shall arrange furniture to minimize bed bug hiding places. If possible, keep beds and upholstered furniture several inches away from the walls. Bed bugs can jump as far as three inches. Resident shall check for hitch-hiking bedbugs. If you stay in a hotel or another home, inspect your clothing, luggage, shoes, and belongings for signs of bed bugs before you enter your apartment. Check backpacks, shoes, and clothing after visits to friends or family, theaters, or after using public transportation. After guests visit, inspect beds, bedding, and upholstered furniture. 2. Resident shall report any problems immediately. Specifically, Resident shall: Report any signs of bed bugs immediately. Do not wait. Even a few bugs can rapidly multiply to create a major infestation that can spread from unit to unit. Report any maintenance needs immediately. Bed bugs like cracks, crevices, holes, and other openings. Request that all openings be sealed to prevent the movement of bed bugs from room to room. 3. Resident shall cooperate with pest control efforts. If your unit (or a neighbor's unit) is infested with bed bugs, a pest management professional may be called in to apply pesticides. The treatment is more likely to be effective if your unit is properly prepared. Resident complies with the recommendations from the pest management professional, including: Removing all bedding (bed skirts too), drapes, curtains, and small rugs; bag these for transport to the laundry or dry cleaner. Checking mattresses carefully; those with minimal infestation may be cleaned, encased in vinyl covers, and returned to service. Heavily infested mattresses are not salvageable; seal these in plastic and dispose of them properly. Emptying dressers, nightstands, and closets. Remove all items from floors and surfaces. Inspect every item for signs of bed bugs. Using sturdy plastic bags, bag all clothing, shoes, boxes, toys, stored goods, etc. Bag washable and non-washable items separately. Take care not to tear the bags, and seal them well. Used bags must be discarded properly. 11

12 ***SIGN HERE*** { Fred Flintstone } {} { } {} Vacuuming floors, including inside closets. Pay special attention to corners, cracks, and dark places. Vacuuming all furniture, including inside drawers and nightstands. Vacuum mattresses, box springs, and upholstered furniture, being sure to remove and vacuum all sides of loose cushions, as well as the undersides of furniture. Carefully removing vacuum bags, sealing bags in plastic, and discarding. Cleaning all machine-washable bedding drapes, clothing, etc. Use the hottest water the machine provides, and dry at highest heat setting. Take other items to a dry cleaner, but be sure to advise the dry cleaner that the items are infested. Discard any items that cannot be decontaminated. Moving furniture toward the center of the room, so that technicians can easily treat carpet edges where bed bugs congregate, as well as walls and furniture surfaces. Be sure to leave easy access to closets. 4. Resident agrees to indemnify and hold harmless the Owner/Agent from any actions, claims, losses, damages, and expenses, including, but not limited to, attorneys' fees that the Owner/Agent may sustain or incur as a result of the negligence of the Resident or any guest or other person living in, occupying, or using the premises. The undersigned Resident(s) acknowledge(s) having read and understood the foregoing: Fred Flintstone (Resident) 12

13 CALIFORNIA'S PROPOSITION 65 WARNING California's Proposition 65 (Safe Drinking Water and Toxic Enforcement Act of 1986) requires businesses with 10 or more employees to provide warnings prior to exposing individuals to chemicals known to the State to cause cancer, and/or birth defects or other reproductive harm. These types of chemicals are found within this establishment. This brochure provides you with information on what chemicals are present and what your exposures to them might be. Warning This Facility Contains Chemicals Known to the State of California To Cause Cancer and/or Birth Defects Or Other Reproductive Harm. Second Hand Tobacco Smoke and Tobacco Products. Tobacco products and tobacco smoke and its by-products contain many chemicals that are known to the State of California to cause cancer, and birth defects or other reproductive harm. Smoking is permitted in certain common and private areas. Furnishings, Hardware, and Electrical Components. Room furnishings and building materials contain formaldehyde, which is known to the State of California to cause cancer. Furniture, foams, brass keys, electrical power cords, carpeting, carpet padding, wall coverings, wood surfaces, and vinyl, contain a number of chemicals, including lead, and formaldehyde, known to cause cancer, and/or birth defects or other reproductive harm. Their presence in these materials can lead to exposures. Certain molds that may be present contain chemicals, including sterigmatocystin, known to the State of California to cause cancer. Combustion Sources. Combustion sources such as gas stoves, fireplaces, and barbeques contain or produce a large number chemicals, including acetaldehyde, benzene and carbon monoxide, known to the State of California to cause cancer, and/or birth defects or other reproductive harm which are found in the air of this complex. Any time organic matter such as gas, charcoal or wood is burned, Proposition 65-listed chemicals are released into the air. Construction and Maintenance Materials. Construction and maintenance materials contain Proposition 65-listed chemicals, such as roofing materials manufactured with vinyl chloride monomer, benzene and ceramic fibers, which are known to cause cancer, or birth defects or other reproductive harm. Construction materials used in walls, floors, ceilings and outside cladding contain chemicals, such as formaldehyde resin, asbestos, arsenic, cadmium and creosote, which are released as gases or vapors during normal degradation or deterioration, and as dust or particulate when disturbed during repairs, maintenance or renovation, all of which can lead to exposures. Certain Products Used In Cleaning And Related Activities. Certain cleaning products used for special cleaning purposes such as graffiti removal and spot and stain lifters contain chlorinated solvents including perchloroethylene and urinal odor cakes contain paradichlorobenzene which are Proposition 65-listed chemicals known to cause cancer or birth defects or other reproductive harm. Swimming Pools and Hot Tubs. The use and maintenance of a variety of recreational activities and facilities such as swimming pools and hot tubs where chlorine and bromine are used in the disinfecting process can cause exposures to chloroform and bromoform which are chemicals known to the State of California to cause cancer. Paint and Painted Surfaces. Certain paints and painted surfaces contain chemicals, such as lead and crystalline silica, that are known to the State of California to cause cancer, and/or birth defects or other reproductive harm. Lead-based paint chips may be ingested and crystalline silica may be released into the air and lead to exposures. Engine Related Exposures. The operation and maintenance of engines, including automobiles, vans, maintenance vehicles, recreational vehicles, and other small internal combustion engines are associated with this residential rental facility. Motor vehicle rental fuels and engine exhaust contain many Proposition 65-listed chemicals, including benzene, carbon monoxide and, for diesel engines, diesel exhaust, which are known to the State to cause cancer, and/or birth defects or other reproductive harm. In parking structures and garages, exhaust fumes can concentrate, increasing your exposure to these chemicals. Pest Control and Landscaping. Pests control and landscaping products used to control insects and weeds contain resmethrin, mycobutonil, triforine and arsenic trioxide which are known to the State to cause cancer and/or birth defects or other reproductive harm. 13

14 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} Sources of Chemical Exposures California's Proposition 65 has identified hundreds of chemicals known to the State of California to cause cancer, and/or birth defects or other reproductive harm. The law requires that businesses with 10 or more employees warn you prior to knowingly and intentionally exposing you to any of these chemicals when the exposure is over a certain level. While many exposures are associated with industrial activities and chemicals, everyday items and even the air we breathe routinely contain many of these chemicals. This brochure provides warning and information regarding exposures to these chemicals that occur in this facility. In many instances, we do not have information specific to this facility. Instead we have relied upon experts in this field to tell us where and to which chemicals these exposures might occur. For other exposures to listed chemicals, enough is known to identify specific areas of exposure. The regulations implementing Proposition 65 offer warnings for various circumstances. Some of those warnings you may see in this residential rental property include the following: General - Warning: This Facility Contains Chemicals Known to the State of California To Cause Cancer, And Birth Defects Or Other Reproductive Harm. Foods and Beverages - Warning: Chemicals Known To The State of California To Cause Cancer, Or Birth Defects Or Other Reproductive Harm May Be Present In Foods Or Beverages Sold Or Served Here. Alcohol - Warning: Drinking Distilled Spirits, Beer, Coolers, Wine, And Other Alcoholic Beverages May Increase Cancer Risk, And, During Pregnancy, Can Cause Birth Defects. Fred Flintstone (Resident) (Owner/Agent) 14

15 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} CARBON MONOXIDE DETECTOR ADDENDUM This document is an Addendum and is part of the Rental/Lease Agreement, dated January 1, 2013 between Property Management (Owner/Agent) and Fred Flintstone, (Resident) for the premises located at 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA The premises is equipped with a carbon monoxide detection device(s). 2. Resident acknowledges the carbon monoxide device(s) was/were tested and its operation explained by Owner/Agent in the presence of Resident at time of initial occupancy and the detector(s) was/were operating properly at that time. 3. Resident shall perform the manufacturer's recommended test at least once a week to determine if the carbon monoxide detector(s) is/are operating properly. 4. ***SIGN Initial ONLY IF BATTERY OPERATED. By initialing as provided, each Resident understands that said carbon monoxide detector(s) and alarm is a battery-operated unit and it shall be each Resident's responsibility to: a. ensure that the battery is in operating condition at all times; b. replace the battery as needed (unless otherwise provided by law); and c. if, after replacing the battery, the carbon monoxide detector(s) do not work, inform the Owner/Agent immediately. 5. Resident(s) must inform the Owner/Agent immediately in writing of any defect, malfunction or failure of any detector(s). 6. In accordance with California law, Resident shall allow Owner/Agent access to the premises for that purpose. The undersigned Resident(s) acknowledge(s) having read and understood the foregoing. Fred Flintstone (Resident) (Owner/Agent) 15

16 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} CRIME FREE LEASE ADDENDUM As further consideration of and for the foregoing Lease Agreement and any renewal thereof, Resident(s) and Owner/Agent further agree as follows: 1. Resident(s), any members of Resident(s)' household, or a guest, invitee, or other person under the control of Resident(s) shall not engage in criminal activity, including drug-related criminal activity, at or on or near the premises. "Drug-related criminal activity" means the intentional illegal manufacture, sale, distribution, use or possession of a controlled substance. (As defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)). 2. Resident(s), any members of Resident(s)' household, or a guest, invitee, or other person under the control of Resident(s) shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, gang activity, or illegal defacement of property with graffiti or otherwise, on or near public or private property and the premises. 3. Resident(s), any members of Resident(s)' household, or a guest, invitee, or other person under the control of Resident(s) shall not permit or the premises to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a Resident, a member of Resident(s)' household, guest, invitee, or other person under the control of Resident(s). 4. Resident(s), any members of Resident(s)' household, or a guest, invitee, or other person under the control of Resident(s) shall not engage in the unlawful manufacturing, selling, using, storing, keeping, possessing, or giving of a controlled substance at any location within, on or near or the premises. 5. Resident(s), any members of Resident(s)' household, or a guest, invitee, or other person under the control of Resident(s) shall not engage in any illegal activity, including, but not limited to, prostitution, criminal street gang activity, threatening or intimidating any person whomsoever, assault, the unlawful discharge of fire arms, or unlawfully brandishing any weapon whatsoever, or any breach of the Lease Agreement which jeopardizes the health, safety and welfare of the Owner/Agent, other tenants, or any other person whomsoever, or involving imminent serious property damage. 6. Violation of the above provisions shall be a material and irreparable violation of the Lease Agreement and good cause for termination of the tenancy. A single violation of any provision of the Crime Free Lease Addendum shall be deemed a serious violation and a material and irreparable noncompliance. It is understood that such single violation shall be good cause for immediate termination of the lease. Unless otherwise provided by law, proof of violation under this Addendum shall not require criminal conviction, but may be proved to exist by a mere preponderance of the evidence. 7. In case of conflict between the provisions of this Addendum and any other provision of the Lease Agreement, the provisions of this Addendum shall govern. 8. This Crime Free Lease Addendum is incorporated into the Lease Agreement executed by Owner/Agent and Resident(s) and any renewal thereof. Fred Flintstone (Resident) (Owner/Agent) 16

17 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} EMERGENCY INFORMATION CWPM, Inc dba Property Mgt. office hours are Monday-Friday 8:30-5:00. The office is not open for business on Saturday or Sunday!! If you have an emergency after hours or on weekends, please call us from a touch tone phone at and dial extension number. We will be equipped with a beeper and a property manager will get back to you as soon as possible. REMEMBER TO IDENTIFY YOURSELF, YOUR ADDRESS, APARTMENT NUMBER AND MAKE SURE TO LEAVE YOUR PHONE NUMBER SO THAT WE CAN CALL YOU TO GIVE DIRECTIONS REGARDING THE PROBLEM. You still need to dial 911 if there is a life threatening situation. If you have a severe water leak, please try to turn off the source under the sink or toilet and if that doesn't work, then call the office. PLEASE USE COMMON SENSE ABOUT WHAT IS A REAL EMERGENCY. If your problem can wait until 8:30 the next morning on a weekday, please wait until then and call the office!! Thank you for your cooperation. Property Manager I have read, understood and received a copy of this notice. Fred Flintstone (Resident) (Owner/Agent) 17

18 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} RENTERS INSURANCE ADDENDUM This document is an Addendum and is part of the Rental/Lease Agreement, dated January 1, 2013 between Property Management (Owner/Agent) and Fred Flintstone, (Resident) for the premises located at 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA Resident is required to maintain renters insurance throughout the duration of the tenancy that includes: (1) Coverage of at least in personal liability (bodily injury and property damage) for each occurrence; (2) The premises listed above must be listed as the location of resident insured; (3) Owner is listed as a Certificate Holder (4) Notification that the carrier must provide 30 days' notice of cancellation, non-renewal, or material change in coverage, to the Owner/Agent Resident must provide proof of such insurance to the Owner/Agent within 30 days of the inception of the tenancy. Failure to comply with this requirement is a material violation of the Rental/Lease Agreement. Resident is encouraged, but not required to obtain renters insurance. Insurance Facts for Residents. 1. Generally, except under special circumstances, the OWNER IS NOT legally responsible for loss to the resident's personal property, possessions or personal liability, and OWNER'S INSURANCE WILL NOT COVER such losses or damages. 2. If damages or injury to owner's property is caused by resident, resident's guest(s) or child (children), the owner's insurance company may have the right to attempt to recover from the resident(s) payments made under owner's policy. 3. Following is a non-inclusive list of examples of possible costly misfortunes that, except for special circumstances, you could be held legally responsible for: a. Your babysitter injures herself in your unit. b. Your defective electrical extension cord starts a fire which causes damage to the building and your personal property and or the personal property of others. c. A friend, or your handyman, is injured while helping you slide out your refrigerator so you can clean behind it. d. While fixing your television set, a handyman hired by you is injured when he slips on the floor you have just waxed. e. Your locked car is broken into and your personal property, and that of a friend, is stolen. f. A burglar breaks your front door lock and steals your valuables or personal property. 4. If you desire to protect yourself and your property against loss, damage, or liability, the owner strongly recommends you consult with your insurance agent and obtain appropriate coverage for fire, theft, liability, workers' compensation and other perils. The cost is reasonable considering the peace of mind, the protection, and the financial recovery of loss that you get if you are adequately protected by insurance. Fred Flintstone (Resident) (Owner/Agent) 18 Revised 1/11

19 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} TARGET HOUSING RENTAL AGREEMENT/LEASE ADDENDUM DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS Resident is renting from Owner/Agent the premises located at 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA Lead Warning Statement Housing 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 on lead poisoning prevention. NOTE: The existence of lead on the rental property is not, by itself, cause for termination of the tenancy. (Public Law sec. 1018(c)) Owner's Disclosure or Agent acting on behalf of Owner 1. Presence of lead-based paint or lead-based paint hazards: Owner has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. 2. Records and reports available to the Owner: Owner has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Resident's Acknowledgment (initial) ***SIGN Resident has received copies of all information listed above. ***SIGN Resident has received the pamphlet Protect Your Family from Lead in Your Home. Certification of Accuracy The following parties have reviewed the information above to certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. Fred Flintstone (Resident) (Owner/Agent) 19

20 ***SIGN HERE*** { Fred Flintstone } {} { } {} MOLD/FUNGUS AGREEMENT Molds and fungi are everywhere in our indoor and outdoor environments. In fact, they play an important and necessary role in decomposition and breaking down of organic matter. All molds require water or dampness to grow. Indoors, this water intrusion can come from flooding, backed-up sewers, leaky buildings, humidifiers, constant plumbing leaks, steam, poor housekeeping, wet clothes, appliances not properly vented, inadequate air circulation, etc. There are a number of factors that influence the growth of mold: environmental humidity and moisture content of materials, temperature, air circulation, light, and the chemical composition of potential substances. If there is mold growing, you can impact its amplification by affecting the water source, encouraging proper ventilation, and drying out the area. Cleaning Help Tips For Moisture Elimination Sometimes, apartment units have a problem with moisture condensing on windows and even on walls in the kitchen and bathrooms. This moisture can cause mildew or molds to grow. We would like to offer a few hints to help eliminate the excess moisture on these windows and walls. The moisture is a combination of the following conditions that can be corrected with adequate ventilation. Some examples of daily activities that create excess moisture are as follows: Steam from showering and cooking Running the dishwasher and/or washer and dryer Excessive heat from the heating system combined with moisture Always having your blinds and windows closed tightly To eliminate the excess moisture on the windows and/or walls, it is important to maintain adequate ventilation by using your ventilation fans in the kitchens and bathrooms and by lowering your thermostat. Leaving windows open a little will also help with the elimination of the moisture. Keep furniture, including beds, a few inches from the walls. Do not stack boxes or other items against the walls. Do not tightly pack closets. Management would also like to to ask that you wipe down the windows and/or walls to remove the excess moisture when it occurs. As always, please contact our offices if you notice any water intrusions into your apartment. It is very important that all residents notify management immediately if you experience any water intrusion or mold inside your apartment or if your apartment has any other maintenance needs. ***SIGN I agree to notify the Owner, in writing, if I am concerned that mold may be present inside my apartment. Resident Acknowledgment Fred Flintstone (Resident) 20

21 ***SIGN HERE*** { } {0} {} {} ***SIGN HERE*** { Fred Flintstone } {} { } {} PET AGREEMENT THIS PET AGREEMENT is attached to and is part of the Lease Rider dated January 29, 2013, by and between Property Management, AGENTS, as Lessor (the "Lessor") and Fred Flintstone as Lessee (the "Lessee"). The parties hereby have entered into that certain Lease, dated January 1, 2013 (the "Lease"), pursuant to which the Lessor demised to the Lessee the premises commonly known as: 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA the term of which Lease shall expire on December 31, 2013 and IN CONSIDERATION of mutual covenants and conditions herein contained, the Lessor(s) and Lessee do hereby agree to this pet agreement (the "pet agreement") as hereinafter set forth: No pets have been authorized at this time. Lessee desires to keep the above described pet in the dwelling they occupy under the Lease Agreement referred to above. Because this agreement specifically prohibits keeping pets without the Owners' permission, Lessee agrees to the following terms and conditions in exchange for their permission: 1. Lessee agrees that they are solely responsible for the maintenance of the above described pet, and agree to keep their pet under control at all times. 2. Lessee agrees to keep their pet restrained, but not tethered, when it is outside their dwelling. 3. Lessee agrees to adhere to local ordinances, including leash and licensing requirements. 4. Lessee agrees not to leave their pet unattended for unreasonable periods. 5. Lessee agrees to clean up after their pet and to dispose of their pet's waste properly and quickly. 6. Lessee agrees not to leave food or water for their pet or any other animal outside their dwelling where it may attract other animals. 7. Lessee agrees to keep their pet from being unnecessarily noisy or aggressive and causing any annoyance or discomfort to others and will remedy immediately any complaints made through the Owners or Manager. 8. Lessee agrees to provide their pet with an identification tag that the pet will wear at all times on the premises. 9. Lessee agrees not to breed or allow the pet to reproduce. If this should occur, the pet's offspring must be placed within eight weeks of birth. 10. Lessee agree to immediately pay for any damage, loss, or expense caused by their pet, and in addition, they will add to their security/cleaning deposit, which may be used for cleaning, repairs or delinquent rent when Tenants vacate. This added deposit, or what remains of it when pet damages have been assessed, will be returned to Tenants within 45 days after they have proved that they no longer keep this pet. 11. Lessee agrees to pay for pest infestation services resulting from pets allowed in the property by tenant after termination of occupancy. 12. Lessee agrees that this Agreement applies only to the specific pet described above and that no other pet may be substituted. Tenants agree to furnish the Owners with a picture of their pet prior to occupancy. 13. Lessee agrees that the Owners reserve the right to revoke permission to keep the pet should the Tenants break this agreement. Tenants will be given 3 days to remove the pet from the premises. 14. Any animals on the property not registered under this Rental Agreement will be presumed to be strays and will be disposed of according to law, at the option of the Landlord. (Lessor) Fred Flintstone (Lessee) Agent for: Property Management 21

22 RESIDENT POLICIES AND "HOUSE RULES" ADDENDUM I. GENERAL 1. This document is an Addendum and is part of the Rental/Lease Agreement, dated January 1, 2013 between Property Management (Owner/Agent) and Fred Flintstone, (Resident) for the premises at 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA New policies and rules or amendments to this document may be adopted by Owner/Agent upon giving 30 days' notice in writing to Resident. 3. Guests who stay more than 14 days in a year period may constitute a breach of the Rental/Lease Agreement. At the discretion of the Owner/Agent, guests may be required to go through the application process and, if approved, must sign a Rental/Lease Agreement. 4. Residents who lock themselves out of their units may be assessed a charge for the actual costs, including out of pocket expenses, incurred by the Owner/Agent. II. NOISE AND CONDUCT 1. Residents and their guests shall not make or allow any excessive noise in the unit nor permit any actions which will interfere with the rights, comforts or conveniences of other persons. 2. Residents and their guests shall refrain from playing musical instruments, television sets, stereos, radios, and other devices at a volume which will disturb other persons. 3. Residents and their guests shall refrain, and shall ensure that Resident's guests likewise refrain, from activities and conduct outside of the unit (in common areas, parking areas, or recreation facilities) which are likely to annoy or disturb other persons. 4. Resident and their guests shall refrain from creating, or allowing to be created, any noise that is disturbing to other Residents between the hours of 10 pm and 8 am. III. CLEANLINESS AND TRASH 1. Resident shall keep the unit clean, sanitary and free from objectionable odors at all times. 2. Resident shall ensure that papers, cigarette butts and trash are placed in appropriate receptacles so that litter is not created on or about Resident's unit. 3. Resident shall ensure that trash and other materials are not permitted to accumulate so as to cause a hazard or be in violation of any health, fire or safety ordinance or regulation. 4. Resident shall ensure that garbage is not permitted to accumulate and that it is placed on a daily basis in the trash containers provided for that purpose. Resident shall ensure that large boxes are broken apart before being placed in the trash containers. Resident shall be responsible, at Resident's expense, for hauling to the dump those items too large to fit in the trash containers. 5. Resident shall ensure that furniture is kept inside the unit and that unsightly items are kept out of view. 6. Resident shall refrain from leaving articles in the hallways or other common areas. 7. Resident shall refrain from shaking or hanging clothing, curtains, rugs, and other coverings and cloths outside of any window, ledge, or balcony. 8. Resident shall refrain from disposing of any combustible or hazardous material in trash containers or bins. IV. SAFETY/SECURITY 1. Security is the responsibility of each Resident and each guest. Owner/Agent assumes no responsibility or liability, unless otherwise provided by law, for Resident's and guests' safety and security, or for injury or damage caused by the criminal acts of other persons. 2. Resident should ensure that all doors are locked during Resident's absence. Resident must notify Owner/Agent if locks become inoperable. 3. Resident should ensure that all appliances are turned off before departing from the premises. 22

23 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} 4. When leaving for an extended period, Resident should notify Owner/Agent how long Resident will be away. 5. Prior to any planned absence from the unit, Resident shall give Owner/Agent authority to allow entry to the unit to any person or provide Owner/Agent with the name of any person or entity permitted by Resident to enter the unit. 6. Resident shall refrain from smoking in bed. 7. Resident shall refrain from using or storing gasoline, cleaning solvent or other combustibles in the unit. 8. Resident shall ensure that no personal belongings, including bicycles, play equipment or other items shall be left unattended in the halls, stairways or about the building. V. MAINTENANCE, REPAIRS AND ALTERATIONS 1. Resident shall advise Owner/Agent of any items requiring repair, such as light switches or dripping faucets. Resident shall make repair requests as soon after the defect is noted as is practical. 2. Resident shall refrain from making service requests directly to maintenance personnel unless Resident is directed to do so by Owner/Agent. 3. Resident shall refrain from making any alterations or improvements to the unit without the consent of Owner/Agent. Resident shall refrain from using adhesives, glue or tape to affix pictures or decorations. 4. Resident shall refrain from using aluminum foil as a window covering and shall obtain the approval of Owner/Agent before using any window covering visible from the exterior of the building. 5. Costs of repair or clearance of stoppages in waste pipes or drains, water pipes or plumbing fixtures caused by Resident's negligence or improper usage are the responsibility of the Resident. Resident shall reimburse Owner/Agent for these costs on demand. VI. PARKING 1. Number of parking spaces assigned to Resident's unit. Only one vehicle may be parked in each space. 2. Resident shall only use assigned parking spaces and shall ensure that guests park only in unassigned areas or designated guest parking areas. Resident shall ensure that posted and designated fire zones or "No Parking" areas remain clear of vehicles at all times. Resident shall refrain from parking in unauthorized areas or in another resident's designated parking space. (Vehicles parked in unauthorized areas or in another Resident's space may be towed away at the vehicle owner's expense.) 3. Only currently registered vehicles may be parked on the property. A vehicle that lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate saftely on the highways, is subject to tow under California Vehicle Code Vehicles parked in violation of local laws/ordinance are subject to tow. The undersigned Resident(s) ackowledge(s) having read and understood the foregoing. Fred Flintstone (Resident) (Owner/Agent) 23

24 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} SECURITY DEPOSIT AGREEMENT Property Management, "Owner/Agent", has received from Fred Flintstone, "Resident", a Security Deposit in the amount of $2, for the premises located at 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA CONDITIONS: Return of the Security Deposit is subject to the following provisions: 1. Written Notice A written notice of intent to vacate must be given by either party to the other, a full thirty (30) days prior to vacating. If the lease is for a fixed term, said notice cannot be given until, at the earliest, thirty (30) days prior to the expiration of such term. In the event that no notice or insufficient notice is given, Resident will be responsible for, and the Security Deposit may be applied to, all leasehold liability as defined in California Civil Code Section for the remainder of the lease term, or through a 30-day Notice. 2. Damage No damage to the property - any such damage over and above reasonable wear and tear may be charged against the Security Deposit. Damage to the property includes, among other things, cigarette burns to carpet or counters, and stains or scars or excessive odor caused by smoking or cooking which requires extra cleaning, repairs or replacement. 3. Cleaning When vacated, entire apartment including, but not limited to, range, hood, refrigerator, bathroom, closets, cupboards, walls, floors, window coverings and windows must be thoroughly cleaned. Carpets are to be shampooed and window coverings cleaned by a professional vendor approved by Owner/Agent in order to prevent damage. An approved list of cleaning vendors and Owner/Agent's standards is provided in your move-out packet. All work done to the unit by Owner/Agent will be itemized and charged against the Security Deposit. 4. Painting Touch-up paint due to abuse is charged at thirty five dollars ($35.00) an hour. Full painting of apartment is prorated and calculated on a 48 month or 4 year basis. All painting done to unit will be calculated on the 48 month or 4 year basis by Owner/Agent itemized and charged against the Security Deposit. 5. Unpaid Fees Any unpaid charges, fee(s) or delinquent rent will be charged against the Security Deposit (NOTE: this should in no way be construed as permitting deduction of rent from Security Deposit at any time). 6. Keys and Gate Openers All keys and gate/garage openers must be returned. The cost of replacement of any keys, locks, and/or gate/garage openers not returned will be charged against the Security Deposit. 7. Garbage All debris, rubbish and other discards must be placed in proper rubbish containers. If this is not done, the cost of doing so will be charged against the Security Deposit. 8. Forwarding Address Resident must leave a forwarding address with Owner/Agent. 9. Pets If any pets are kept upon the premises, extra cleaning or fumigating required will be charged against the pet deposit. If any pet is kept upon the premises in violation of the Pet Deposit requirement, any damages done by them or extra cleaning or fumigating required will be charged against the Security Deposit. The Pet Deposit remains with the unit until Resident vacates the premises. 10. Refund Check Refund will be made by check mailed to the forwarding address given. The check will be addressed jointly to all persons who sign this Security Deposit Agreement. This check will be mailed within the time required by California Civil Code Section , following the date upon which all Residents release the premises by vacating and returning all keys to Owner/Agent during working hours or by another pre-arranged time period. The premises is not considered released, and the deposit is not refundable, until ALL occupants have vacated the premises and all keys have been returned. Partial refunds of deposits to individual Residents are not made where the tenancy continues with the occupancy being retained by other Residents who have signed the Rental Agreement/Lease or this Security Deposit Agreement. 11. Credit Report Pursuant to Civil Code, Section , you are hereby notified that a negative credit report reflecting on your credit record may be submitted in the future to a credit reporting agency if you fail to fulfill the terms of your rental/credit obligations or if you default in those obligations in any way. Owner/Agent agrees that, subject to the conditions listed above, this security deposit will be returned. Resident agrees to these conditions and that this Security Deposit may not be deducted from rent at any time, unless Resident leaves owing rent. Fred Flintstone (Resident) (Owner/Agent) 24

25 ***SIGN HERE*** { Fred Flintstone } {} { } {} ***SIGN HERE*** { } {0} {} {} SMOKE DETECTOR AGREEMENT THIS AGREEMENT is made and entered into between Property Management, "Owner/Agent", and Fred Flintstone, "Resident". OWNER AND RESIDENT MUTUALLY AGREE AS FOLLOWS: 1. Resident is renting from Owner/Agent the premises located at 1270 S. Winchester Blvd., Suite 127 #127, San Jose, CA The Agreement is an Addendum and part of the Rental Agreement/Lease between Owner/Agent and Resident. 3. The premises are equipped with a smoke detection device(s). 4. Resident acknowledges that the smoke detection device(s) was (were) tested and its operation explained by Owner/Agent in the presence of Resident at time of initial occupancy and the detector(s) was (were) operating properly at that time. 5. Initial ONLY IF BATTERY OPERATED. By initializing as provided, each Resident understands that said smoke detector(s) and alarm is a battery-operated unit and it shall be each Resident's responsibility to: ensure that the battery is in operating condition at all times; replace the battery as needed (unless otherwise provided by law); and if, after replacing the battery, the smoke detector(s) do not work, inform the Owner/Agent immediately. 6. Resident(s) must inform the Owner/Agent immediately in writing of any defect, malfunction or failure of any detector(s). 7. In accordance with California Law, Resident shall allow Owner/Agent access to the premises for the purpose of correcting any such defect, malfunction or failure. Fred Flintstone (Resident) (Owner/Agent) 25

26 Protect Your Family From Lead In Your Home Are You Planning To Buy, Rent, or Renovate a Home Built Before 1978? Many houses and apartments built before 1978 have paint that contains high levels of lead (called lead-based paint). Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly. OWNERS, BUYERS, and RENTERS are encouraged to check for lead (see page 6) before renting, buying, or renovating pre-1978 housing. Federal law requires that individuals receive certain information before renting, buying, or renovating pre-1978 housing: LANDLORDS have to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a disclosure about lead-based paint. SELLERS have to disclose known information on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure form about lead-based paint. Buyers have up to 10 days to check for lead. United States Environmental Protection Agency RENOVATORS disturbing more than 2 square feet of painted surfaces have to give you this pamphlet before starting work. United States Consumer Product Safety Commission United States Department of Housing and Urban Development IMPORTANT! Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly FACT: FACT: FACT: FACT: FACT: Lead exposure can harm young children and babies even before they are born. Even children who seem healthy can have high levels of lead in their bodies. People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard. Removing lead-based paint improperly can increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family. Lead Gets in the Body in Many Ways Childhood lead poisoning remains a major environmental health problem in the U.S. Even children who appear healthy can have dangerous levels of lead in their bodies. People can get lead in their body if they: Breathe in lead dust (especially during renovations that disturb painted surfaces). Put their hands or other objects covered with lead dust in their mouths. Eat paint chips or soil that contains lead. Lead is even more dangerous to children under the age of 6: At this age children's brains and nervous systems are more sensitive to the damaging effects of lead. Children's growing bodies absorb more lead. Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. Lead is also dangerous to women of childbearing age: Women with a high lead level in their system prior to pregnancy would expose a fetus to lead through the placenta during fetal development. 1 2

27 Lead's Effects It is important to know that even exposure to low levels of lead can severely harm children. In children, lead can cause: Nervous system and kidney damage. Learning disabilities, attention deficit disorder, and decreased intelligence. Speech, language, and behavior problems. Poor muscle coordination. Decreased muscle and bone growth. Hearing damage. While low-lead exposure is most common, exposure to high levels of lead can have devastating effects on children, including seizures, unconsciousness, and in some cases, death. Although children are especially susceptible to lead exposure, lead can be dangerous for adults too. In adults, lead can cause Increased chance of illness during pregnancy. Harm to a fetus, including brain damage or death. Fertility problems (in men and women). High blood pressure. Digestive problems. Nerve disorders. Memory and concentration problems. Muscle and joint pain. Lead affects the body in many ways. 3 4 Where Lead-Based Paint Is Found In general, the older your home, the more likely it has lead-based paint. Many homes built before 1978 have lead-based paint. The federal government banned lead-based paint from housing in Some states stopped its use even earlier. Lead can be found: In homes in the city, country, or suburbs. In apartments, single-family homes, and both private and public housing. Inside and outside of the house. In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas in cars.) Checking Your Family for Lead Get your children and home tested if you think your home has high levels of lead. To reduce your child's exposure to lead, get your child checked, have your home tested (especially if your home has paint in poor condition and was built before 1978), and fix any hazards you may have. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for: Children at ages 1 and 2. Children or other family members who have been exposed to high levels of lead. Children who should be tested under your state or local health screening plan. Your doctor can explain what the test results mean and if more testing will be needed. Identifying Lead Hazards Lead-based paint is usually not a hazard if it is in good condition, and it is not on an impact or friction surface, like a window. It is defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter, or more than 0.5% by weight. Deteriorating lead-based paint (peeling, chipping, chalking, cracking or damaged) is a hazard and needs immediate attention. It may also be a hazard when found on surfaces that children can chew or that get a lot of wear-and-tear, such as: Windows and window sills. Doors and door frames. Stairs, railings, banisters, and porches. Lead from paint chips, which you can see, and lead dust, which you can't always see, can both be serious hazards. Lead dust can form when lead-based paint is scraped, sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vacuum, sweep, or walk through it. The following two federal standards have been set for lead hazards in dust: 40 micrograms per square foot (µg/ft²) and higher for floors, including carpeted floors. 250 µg/ft² and higher for interior window sills. Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. The following two federal standards have been set for lead hazards in residential soil: 400 parts per million (ppm) and higher in play areas or bare soil. 1,200 ppm (average) and higher in bare soil in the remainder of the yard. The only way to find out if paint, dust and soil lead hazards exist is to test for them. The next page describes the most common methods used. Checking Your Home for Lead Just knowing that a home has lead-based paint may not tell you if there is a hazard. You can get your home tested for lead in several different ways: A paint inspection tells you whether your home has lead-based paint and where it is located. It won't tell you whether or not your home currently has lead hazards. A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A combination risk assessment and inspection tells you if your home has any lead hazards and if your home has any lead-based paint, and where the lead-based paint is located. Hire a trained and certified testing professional who will use a range of reliable methods when testing your home. Visual inspection of paint condition and location. A portable x-ray fluorescence (XRF) machine. Lab tests of paint, dust, and soil samples. There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency (see bottom of page 11) for more information, or call LEAD (5323) for a list of contacts in your area. Home test kits for lead are available, but studies suggest that they are not always accurate. Consumers should not rely on these tests before doing renovations or to assure safety. 5 6

28 What You Can Do Now To Protect Your Family If you suspect that your house has lead hazards, you can take some immediate steps to reduce your family's risk: If you rent, notify your landlord of peeling or chipping paint. Clean up paint chips immediately. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS. Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas. Wash children's hands often, especially before they eat and before nap time and bed time. Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. Keep children from chewing window sills or other painted surfaces. Clean or remove shoes before entering your home to avoid tracking in lead from soil. Make sure children eat nutritious, low-fat meals high in iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead. Reducing Lead Hazards In The Home Removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. Always use a professional who is trained to remove lead hazards safety. In addition to day-to-day cleaning and good nutrition: You can temporarily reduce lead hazards by taking actions such as repairing damaged painted surfaces and planting grass to cover soil with high lead levels. These actions (called "interim controls") are not permanent solutions and will need ongoing attention. To permanently remove lead hazards, you must hire a certified lead "abatement" contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not permanent removal. Always hire a person with special training for correcting lead problems-someone who knows how to do this work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. Once the work is completed, dust cleanup activities must be repeated until testing indicates that lead dust levels are below the following: 40 micrograms per square foot (µg/ft²) for floors, including carpeted floors; 250 µg/ft² for interior windows sills; and 400 µg/ft² for window troughs. Call your state or local agency (see bottom of page 11) for help in locating certified professionals in your area and to see if financial assistance is available. 7 8 Remodeling or Renovating a Home With Lead-Based Paint Take precautions before your contractor or you begin remodeling or renovations that disturb painted surfaces (such as scraping off paint or tearing out walls): Have the area tested for lead-based paint. Do not use a belt-sander, propane torch, heat gun, dry scraper, or dry sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done. Temporarily move your family (especially children and pregnant women) out of the apartment or house until the work is done and the area is properly cleaned. If you can't move your family, at least completely seal off the work area. Follow other safety measures to reduce lead hazards. You can find out about other safety measures by calling LEAD. Ask for the brochure "Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before, during, and after renovations. If you have already completed renovations or remodeling that could have released lead-based paint or dust, get your young children tested and follow the steps outlined in the section labeled "What you can do now to protect your family." If not conducted properly, certain types of renovations can release lead from paint and dust into the air. Other Sources of Lead While paint, dust, and soil are the most common lead hazards, other lead sources also exist. Drinking water. Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: Use only cold water for drinking and cooking. Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours. The job. If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. Old painted toys and furniture. Food and liquids stored in lead crystal or lead-glazed pottery or porcelain. Lead smelters or other industries that release lead into the air. Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. Folk remedies that contain lead, such as "greta" and "azarcon" used to treat an upset stomach. 9 10

29 For More Information The National Lead Information Center Call LEAD ( ) to learn how to protect children from lead poisoning and for other information on lead hazards. To access lead information via the web, visit and EPA's Safe Drinking Water Hot-line Call for information about lead in drinking water. Consumer Product Safety Commission (CPSC) Hot-line To request information on lead in consumer products, or to report an unsafe consumer product or a product-related injury call or visit CPSC's Web site at: Health and Environmental Agencies Some cities and states have their own rules for lead-based paint activities. Check with your state agency to see if state or local laws apply to you. Most state agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for state and local contacts on the Internet at or contact the National Lead Information Center at LEAD. For the hearing impaired, call the Federal Information Relay Service at to access any of the phone numbers in this brochure CPSC Regional Offices Your Regional CPSC Office can provide further information regarding regulations and consumer product safety. Eastern Regional Center Consumer Product Safety Commission 201 Varick Street, Room 903 New York, NY (212) Central Regional Center Consumer Product Safety Commission 230 South Dearborn Street, Room 2944 Chicago, IL (312) HUD Lead Office Western Regional Central Consumer Product Safety Commission 1301 Clay Street, Suite 610-N Oakland, CA (510) Please contact HUD's Office of Lead Hazard Control for information on lead regulations, outreach efforts, and lead hazard control and research grant programs. U.S. Department of Housing and Urban Development Office of Healthy Homes and Lead Hazard Control 451 Seventh Street, SW, P-3206 Washington, DC (202) This document is in the public domain. it may be reproduced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure. EPA Regional Offices Your Regional EPA Office can provide further information regarding regulations and lead protection programs. EPA Regional Offices Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) Regional Lead Contact U.S. EPA Region I Suite I 100 (CPT) One Congress Street Boston, MA (888) Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands) Regional Lead Contact U.S. EPA Region Woodbridge Avenue Building 209, Mail Stop 225 Edison, NJ (732) Region 3 (Delaware, Washington DC, Maryland, Pennsylvania, Virginia, West Virginia) Regional Lead Contact U.S. EPA Region 3 (3WC33) 1650 Arch Street Philadelphia, PA (215) Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact U.S. EPA Region 4 61 Forsyth Street, SW Atlanta, GA (404) Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Lead Contact U.S. EPA Region 5 (DT-8J) 77 West Jackson Boulevard Chicago, IL (312) Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) Regional Lead Contact U.S. EPA Region Ross Avenue, 12th Floor Dallas, TX (214) Region 7 (Iowa, Kansas, Missouri, Nebraska) Regional Lead Contact U.S. EPA Region 7 (ARTD-RALI) 901 N. 5th Street Kansas City, KS (913) Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Regional Lead Contact U.S. EPA Region th Street, Suite 500 Denver, CO (303) Region 9 (Arizona, California, Hawaii, Nevada) Regional Lead Contact U.S. Region 9 75 Hawthorne Street San Francisco, CA (415) Region 10 (Idaho, Oregon, Washington, Alaska) Regional Lead Contact U.S. EPA Region 10 Toxics Section WCM Sixth Avenue Seattle, WA (206) Simple Steps To Protect Your Family From Lead Hazards If you think your home has high levels of lead: Get your young children tested for lead, even if they seem healthy. Wash children's hands, bottles, pacifiers, and toys often. Make sure children eat healthy, low-fat foods. Get your home checked for lead hazards. Regularly clean floors, window sills, and other surfaces. Wipe soil off shoes before entering house. Talk to your landlord about fixing surfaces with peeling or chipping paint. Take precautions to avoid exposure to lead dust when remodeling or renovating (call LEAD for guidelines). Don't use a belt-sander, propane torch, heat gun, dry scraper, or dry sandpaper on painted surfaces that may contain lead. Don't try to remove lead-based paint yourself. U.S. EPA Washington DC U.S. CPSC Washington DC U.S. HUD Washington DC EPA747-K June 2003