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Apartment Rental Agreement Template
Apartment Rental Agreement Template
RENTAL / LEASE AGREEMENT
1. RENTAL: This Rental / Lease Agreement (“Agreement”) is made and entered into on , 2014 “Lease
Date”). Cascade Capital Berkeley Multi-Family IV, LLC (“Owner”) rents to the following named persons (hereinafter
collectively referred to as “Tenant”): and Tenant agrees to rent: , Berkeley,
CA 94704, (“Premises”). No other portion of the building (hereinafter the “Building”), wherein the Premises is located is
included unless expressly provided for in this Agreement.
2. TERM: The term of this rental shall begin on , 2014 (“Commencement Date”) and end on ,
2015 (“Expiration Date”) unless renewed or terminated per paragraph 48 herein.
3. PHYSICAL POSSESSION: If Owner is unable to deliver possession of the Premises at the commencement of the term,
Owner shall not be liable for any damage caused thereby, except as provided for by law, nor shall this this Agreement be void
or voidable, but Tenant shall not be liable for any rent until possession is delivered.
4. RENT: The initial monthly base rent for the Premises shall be $ per month, which includes utilities [see Section
18 for Utilities included]. All rent is due and payable in advance on the 1st day of each and every month (the “Due
Date”) without offsets, deductions or credits. All rent shall be paid to Cascade Capital BMF IV, LLC or such other per-
son, as Owner shall designate in writing. Tenant shall pay the initial monthly base rent described above in the form of a
cashiers check or money order for Tenant to obtain keys and to occupy the Premises. Tenant agrees always to pay rent,
except for the initial rental payment described above, by personal check, cashier’s check, or money order, and not use
cash. Rent shall be paid to Owner at the following address: 2425 B Channing Way - #304, Berkeley, CA 94704 or at
such other place designated by Owner. Tenant bears the risk of loss or delay of any payment made by mail. If Owner has
installed a lock box at the Building, Tenant can put rent check into the lock box. Owner must receive mailed rent payments
on or before the Due Date. Rent for any partial month shall be pro-rated at the rate of 1/30th of the monthly rent per day.
Owner may apply any payment made by Tenant to any obligation of Tenant to Owner notwithstanding any dates or other
direction from Tenant that accompanies any such payment. Any attempt by Tenant to allocate a payment in any other way
shall be null and void. Owner will accept rent payments ONLY from the actual Tenant(s). No third party checks will be ac-
cepted, nor shall Owner be liable to Tenant in any way as a result of refusing any third party check. Should Owner elect to
accept a third party check such acceptance shall not be construed as a waiver of this provision.
5. SECURITY DEPOSIT: Concurrent with the execution and delivery of this Agreement by Tenant, Tenant will pay a secu-
rity deposit of $ , (the “Security Deposit”) for the purposes set forth in Civil Code Section 1950.5. Owner may retain
such amounts of the Security Deposit as allowed by law including, but not limited to, Tenant’s obligation to restore, replace,
or return personal property. Owner shall, within the time period allotted by law, refund any balance after such deductions to
Tenant after Tenant has vacated the Premises. Tenant shall not be deemed to have vacated the Premises for purposes of
this paragraph until a) Tenant returns to Owner ALL keys to the Premises, and b) Tenant has surrendered the Premises to
Owner free and empty of all persons claiming any right to possess the Premises. Any balance of the Security Deposit and
an accounting of any deductions therefrom will be mailed to Tenant at the Premises unless Tenant provides, in writing to
Owner, a mailing address to which the balance, if any, of the Security Deposit and the accounting should be sent. Owner’s
check or other draft refunding any balance of the Security Deposit may be made in the name of all original Tenants regard-
less of the party who in fact made the deposit and regardless of the identity of the persons then occupying the Premises.
Tenant may NOT apply the Security Deposit, or any portion thereof, to the last month's rent. If any portion of the Security
Deposit is applied by Owner to any obligations of Tenant at any time during the tenancy Tenant must, upon prior written
notice, reinstate the Security Deposit to its full original amount within three (3) days. Owner may increase the security de-
posit up to the maximum allowed by law at any time with notice. The parties agree that the Security Deposit is not rent and
therefore not subject to the Rent Ordinance. Tenant and Owner agree that Owner will remit the balance of the Security De-
posit, less any deduction if applicable, in one lump sum payment by check made payable to any person comprising Tenant
and such person will be solely responsible for distributing amongst all other persons, if any, comprising Tenant. Owner will
not mediate disputes amongst Tenant regarding distribution of Security Deposit.
6. LATE PAYMENTS: Tenant and Owner agree that Owner will sustain costs and damage as a result of any late payment
of rent but that it will be extremely difficult to determine with specificity the actual amount of that damage. Therefore, Tenant
agrees to pay a late charge, equal to $85.00 for any payment of rent not received by Owner within three (3) calendar days of
Copyright Cascade Capital BMF IV, LLC This document may not be reproduced without the express written permission of the Cascade Capital BMF IV, LLC Page 1 of 24
ORIGINAL COPY: Owner COPY #1: Tenant COPY#2: File Sample Lease Agreement.docx
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source: berkeleyhousinginc.com/
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