Notes I took while reading through our lease at 969 Bush Street.read more
Notes from 969 Bush Street Lease • What is DepositIQ and this bond? ⁃ Seems like it's not super relevant; we don't pay the non-refundable bond. ⁃ Seems like if we mess something in the apartment and the apartment community makes a claim, the Bond company will pay the apartment community (up to the coverage amount) and then we'll have to pay the Bond company. ⁃ So we have to sign to say that we will pay the Bond company for any damages we make. ⁃ So this bond essentially just makes it so that the individual landlord people don't have to chase down people to get their money. ⁃ If you fail to pay the bond company back, your credit will get worse, and they'll give you bad rep for renting apartments. ⁃ They also stand to make money this way, because it's nonrefundable. It's just delayed, because some people would rather not give up $2,500 even if they're getting it back when they could just pay $500 and never get it back. • If the apartment community is sold, we may have to do something new with a security deposit. • Provided as "unfurnished" • Apparently can't change it to a 1 bedroom apartment. • Rent needs to be paid on the 1st of each month. ⁃ Rent needs to be paid by check or online and not use cash unless specifically requested. ⁃ They include the address we need to address the rent too. ⁃ Rent needs to be paid from ONE person, even with roommates. ⁃ Things need to be received via mail by due date. ⁃ Third parties could technically send the check, but they have the right to refuse. • Security deposit does not apply to "normal wear and tear" ⁃ Owner would pay interest, if required by law, on the deposit. • In the event of a change of roommates, the remaining roommate is solely responsible for the condition of the apartment (with regard to the security deposit). • If we don't pay our rent or mess up something else financial with regard to the agreement, our credit score could go down (they have the right to submit it do the credit agencies). • $50 late fee if our rent is not in within 5 days of due date. ⁃ But we still need to pay before due date, and even one day is considered late. There is no grace period. ⁃ If we are late three times within 12 months then it can be considered habitually late and we can be evicted. • If our checks bounces, we pay a $50 fee. It would also count as a late payment, and be subject to the things above. • Essentially, even if one person leaves, the contract still binds everyone in the contract. Everyone who signs is fully responsible, no matter what the other people's situation is. • Guests: guests can only be there overnight for 15 consecutive days or 30 days in a calendar year. No more than 2 guests per bedroom at any one time. You can violate these limits, but you have to get written approval of the owner in advance. If we violate this, we could be evicted. • We have 48 hours to notify the owner if furnishings, equipment, plumbing, heating and electrical systems including smoke and carbon monoxide detectors • The apartment can only be used for residential purposes, unless consent given. • Can't keep gasoline, cleaning solvents, or flammable liquids in apartment. • Need to keep everything in our apartment (not hallway, mainly) • If you are a nuisance to others, you can be evicted. • Cannot use AirBNB. If you do, you can be evicted. • We pay any fines that they incur as a result of us or our guests (probably like fire alarm fines). • We cannot sublet to the extent permitted by law ⁃ California law states that if we need to leave, the landlord has to agree to let us try to find a person to sublet. ⁃ If we sublet, then they could adjust rent. ⁃ If we sublet, then we would pay on behalf of the subletter and they would pay us. ⁃ Says that they would not screen the subletter? ⁃ Essentially, if we don't tell them that we are subletting when we do so, then we will have to pay them the difference between our rent and the fair market value because they would have been able to adjust rent when we got a subletter. • We apparently have to promptly notify them in writing if smoke going into our apartment from outside our apartment. However, smoking in some apartments may be allowed (although I think this clause is superseded). Owner is not responsible for damage to our health due to other resident's use of tobacco. This clause actually survives after the lease is over. • Pets aren't even allowed by visitors temporarily unless allowed by law or permitted by owner. • Waterbeds and aquariums are prohibited. • Use of the fire escapes is apparently only allowed for emergencies, but they only stress not putting and leaving stuff on it and give them the right to remove it without notice. Standing on it might be somewhat acceptable. • California law prohibits grills and grill related things from multi-family homes (our apartment building probably counts), so we can't actually have a grill even on a balcony. Only very small grills are allowed and must be approved by owner. • We can't store things outside our apartment. • We are provided access to the building for the purposes of installing utility and communication lines (e.g. internet most likely). • Excessively using utilities is a breach of the contract. Also we can't charge anything in common areas without consent (probably because we'd be cutting down on electricity). • Essentially don't be crazy with the way you keep the room (fire hazard, inviting pests and rodents, etc). • We will tell them if we modify wiring inside the apartment. • Except in emergency, repair requests must be made in writing. • In the event that the Premises is provided with hardwood floors or other non-carpeted floor surfaces, Tenant hereby agrees to keep at least 80% of such areas covered with floor rugs or carpet. • Cannot remove the blinds. • Tenant shall not remodel, renovate, paint, refinish floors, or otherwise alter the Premises, common areas, or any other parts of the Building. Tenant shall not apply adhesive paper to any cabinets, walls, or doors; nor shall Tenant hang any plants, planters or lighting fixtures from ceilings or walls; nor shall Tenant tack, nail or glue any coverings to floors or walls without prior written consent of Owner. Tenant shall not install or operate any washing machines, clothes dryers, portable dishwashers, deep-freeze units or other appliances, pianos, or outside antennae on the Premises without prior written consent of Owner. • We are actually allowed to install satellite dishes with some conditions. • Tenant shall not consign keys to the Premises to any other person without the prior written consent of Owner. • If our apartment is destroyed by natural disaster, then tenancy is terminated. • Owner has right to enter building so long as notice was given (probably 24 hours). 7AM to 7PM are the only allowed hours. Unless they think the emergency exits are blocked in which case no notice is needed. • We have to test carbon monoxide alarms weekly. We have to change its batteries when it dies. • We have both carbon monoxide and smoke alarms (as required by law). Can be evicted for removing these. • Our building probably has some lead based paint (built before 1978). • Abestos may be in building. • Must open windows etc to avoid moisture buildup in bathroom as necessary (to prevent mold/mildew). • They made this disclosure. Look up Prop 65 California? "Warning - The Premises contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm." Looks like even Second Hand Smoke falls under Prop 65. • We will give them any information they need to sell the apartment again (like a list of furniture that's ours etc). • We must have personal liability insurance of $300k or more, and they need to get notifications if it stops/be listed as a certificate holder, etc. ⁃ We need to provide proof of insurance within 30 days of moving in, and on an annual basis. • We can essentially have any property the previous tenant left behind. • We have to give them a mail forwarding address when we leave. • If we move out later than move out date, we have to pay them for any loss (probably the lost rent, etc). • Consumption of alcoholic beverages by Tenant or Tenant's guests is prohibited in the common areas of the Building. • Tenants are expected to cooperate with each other in resolution of any potential disputes, and are encouraged to use the services of a local dispute resolution service if they are having difficulty at dispute resolution on their own. • Garbage cans, brooms, mops, cardboard boxes and similar articles are to be kept inside the Premises. Towels, rugs, clothing and other articles are not to be hung from windows, railings, fire escapes or balconies. • Items too large to fit in any trash chute or refuse container must be carried to a designated area or disposed of by Tenant at Owner’s direction. • Tenant should take care not to lock himself/herself out of the Premises. • If Owner is required to assist any Tenant in gaining entry to the Premises, Owner may charge Tenant $125 for each successive lockout and may require Tenant to contract with a professional locksmith. • Tenant may not burn incense and may not leave burning candles unattended. • Tenant may not install air conditioners, ventilators or window screening devices without Owner’s prior written approval. Tenant shall not paint the Premises or any portion thereof without prior written consent of Owner. In the event such permission is given, Tenant shall restore the original paint colors prior to vacating the Premises. Tenant shall be responsible for all costs involved in such repainting. • Adhesive picture hangers designed for such use and easy removal are permitted. Picture hangers employing a small nail or pin are also permitted. However, Tenant is responsible for the cost of any repairs or painting required as a result of the hanging of pictures or other objects. • They have inspected and found no mold or mildew. • We need to report issues, like sweating pipes that could cause mold. • Apparently all trash bins etc must be out of public view unless on collection day (a California law). • San Francisco law also requires there be recycling, compost, and trash. • It seems like smoking might be completely prohibited (tobacco products) in every room? Based on page 18. • They know of no bedbug infestation. • Notify Owner as soon as we find bedbugs. • All bags shall be clearly labeled as being infested with bed bugs prior to disposal. • To prevent bedbugs: Never take discarded items from the curbside. • We give them the right to install solar power to power our apartment or at least parts of it. • We give them the right to act and manage our PG&E account. Including looking at our billing history. If they make a bunch of requests (more than two in 12 months), apparently we may have to pay PG&E for additional requests. • Cost of Water/Sewer, Gas, and Trash. Apparently Gas is checked even though we're getting it from PG&E??? • We may be charged a higher percentage if we have a in unit washer/dryer. • We have an allocation factor of 1.6. So since we are 2 residents, we pay 1.6x what a single resident pays. • Heat charges can be based on square footage, not number of residents. • They actually pay a "Goodwill reduction" to cover a portion of our bill (everyone's bill), to help protect against overpayment. This is just a flat percentage they reduce it by. We can at any point ask how much they reduce it by. • San Francisco law as of 2009 requires residents to recycle. • Due date of utilities is within 15 days of billing date. We must notify them if we have not received our invoice by the 20th of the month. • Each bill includes $6 service fee to handle the overhead expenses for them handling this for us. • Late fee of $7.50 if not paid within 15 days. $25 fee if a check bounces. • We have 5 business days to dispute a utility bill after receiving it. • We have 30 days to tell them if someone new is living with us. • Rent is due on the first of every month, and if on weekend or holiday then next business day. Pay at clickpay.com/greentree or pay to address listed. Make payable to "969 Bush I3, LP". Must be sent from someone whose name is on the lease. • Our Landlord ("Resident manager"): Dan Yoshida, 415-595-3926. firstname.lastname@example.org. • Email landlord regarding maintenance. • For general questions, email: email@example.com or call 415-347-8600. • Lead based paint that is in good condition is not a danger to your family. ⁃ Could get our water tested. If we think we have lead in the water, use only cold water and run water for 15 to 30 seconds before drinking it, especially after not using water for a while. ⁃ It's not just the lead based paint chips, but also just the dust from the lead based paint. ⁃ Anytime it is chipping or cracking or otherwise damaged, it needs immediate attention. ⁃ Home test kits may not be accurate. ⁃ Never mix ammonia and bleach products.