Legal Question in Landlord & Tenant Law in California

Hello,

I hope you can answer some legal questions I have regarding a new lease agreement, of which I have pasted below.

Tenant�s Responsibilities for Care of the Premises: Tenant shall:

1. keep the property clean and sanitary inside and out (i.e, mold and mildew from shower walls, windows, kitchen, etc)

2. Tenants shall not wear shoes in the house nor should guests

Automobiles:

1. No motorcycles on premise without prior written permission.

Vandalism/Break-In/Glass/Disputes with Neighbors: In the event of vandalism, break-ins, or broken glass regardless of the circumstances of breakage, tenant agrees to pay all the repair costs.

Breach of Contract: In the event that tenant breaches this contract (for example by moving out prior to the ending date of the rental agreement or by failing to occupy the premises) or if evicted due to violation of the rental agreement (for example, obtaining a pet without written permission, not paying rent, etc) tenant agrees to reimburse owner for all losses incurred as a result of the breach, including, but not limited to attorney�s fees, lost rents, advertising costs, property rehabilitation costs (cleaning, painting and repairs) and a Rent-Up fee not to exceed 60% of rental amount.

Here are my questions regarding the above pasted items in the lease agreement:

1. Considering the property was built in 1986, and I am a clean freak (which my landlord knows) am I liable if mold starts to form in the bathrooms? (Can I ask her to remove this clause in the lease agreement?)

2. Can the landlord place in the agreement or even ask for that matter, that I and my guest have to remove their shoes when entering the property? (Can I request this to be removed from the agreement?)

3. Can the landlord place in the agreement or even tell me that I can't have a motorcycle parked in the driveway, or the premises without her permission? (Can I request that this be removed from the agreement?)

4. If acts of vandalism (break-in) or windows are broken (no fault of tenant or tenant's associates) am I liable to repair locks or windows in this case, and if I am not liable can I request this to be removed from the agreement? (California Law Code for this)

5. If a breach of the contract occurs; (a) Does the landlord have the legal right to charge 60% on the rental amount, and does this clause need to be worded that this is a lease agreement, not a rental agreement.

I have lived in the home for a year and this is a renewal lease agreement, which has new clauses in it. I am reluctant to sign it until I get these questions answered. Thank you for your time.

Jacqueline Gholar


Asked on 11/05/12, 11:11 am

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

I would suggest that you not renew the rental agreement and seek new housing. That being said, a contract is whatever two parties negotiate provided that none of the terms violate other legal standards. In terms of unreasonableness, I will start with Clause #2. How is the LL going to know if you are or are not wearing shoes in your home? My sense is that this is a way to make certain that the LL will be able to charge whatever he or she wants for any damages to carpet or flooring. Clause #3 sounds like something that neighbors may have insisted upon (and I suspect that there is a spy living close to you). Clause #4 is similarly troublesome. An alternative would be a requirement that you provide proof of current renters' insurance, but I would negotiate a rent reduction equal to the amount of the premium as the LL is really the beneficiary of the renters' insurance policy. Clause #5 is just baffling to me. A judge may find that this clause is what is known as a "contract of adhesion" which means that the term is inherently unfair. And you are correct, the rental term vs. lease issues is clearly a problem with this clause.

I recommend that you see if the LL would be willing to negotiate or mediate terms that are fair to both parties. It may just make more sense to give notice and move on.

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Answered on 11/05/12, 4:15 pm


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