SAMPLE OF A LEASE
THIS LEASE, executed in duplicate at San Fancisco, California, this 22 nd day of November by and between John Hung hereinafter referred to as Lessor, and ( ) hereinafter referred to as Lessee.
WITHNESSETH: That Lessor hereby leases and demises to Lessee, and Lesse hereby takes and hires from Lessor, those certain premises situated in the City of San Francisco, County of San Francisco, State of California, described as follows:
Those certain premises commonly known and describes as ( ), SAN FRANCISCO CA located in the building which is located on that certain improved real property known as ( ), SAN FRANCISCO CA .
To have and to hold the said premises unto the said Lessee for a term commencing on November 22, 2009 ( the "Commencement Date") and continuing to the 22nd day of 2012 (the "Expiration Date"). If Lessor, for any reason whatsoever, cannot deliver possession of the Premises to Lessee on the date specified herein for the commencement of the Term, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom. In that event, however Lessee shall not be liable for any Rent or until Lessor delivers possession of the Premises to Lessee but the Expiration Date shall not be modified.
If Lessor teners possession of the Premises to Lessee prior to the commencement of the Term and Lessee chooses to accept such possession, then the Term and Lessee's obligations hereunder shall commence on the date that it accepts such possession. Any failure to deliver possession at the stated commencement of the term of this lease or delivery of possession prior to the stated commencement date shall not in any way affect the obligations of Lessee hereunder or the expiration date hereof.
This Lease is made by Lessor in consideration of the rentals herein areed to be paid by Lessee and the agreements hereinsafter containsed to be kept and performed by Lessee, and it is agreed that payment of said rentals and the performance by Lessee of all of said agreements shall be conditions precedent to Lessee's right to occupy the said premises or to claim any interest therin under this Lease.
1. RENT -- Lesee shall pay to Lessor as rent equal monthly installments of TWO THOUSAND FIVE HUNDRED ($2,500.00) in advance on the first day of each month of the term hereof, with rent for; any partial months being prorated. All payment to be made by Lessee to Lessor herunder shall be payable without deduction or offset in lawful money of the United States at Lssor's office or at such other place as Lessor may designate from time to time in writing.
If any installment of rent or other payment is not paid when due, the same shall bear interest at the highest rate permitted by law from the date when it became due until paid, but this provision shall not be construed to relieve Lessee from any default hereunder arising through the failure on the part of Lessee to make any payment at the time and in the mannerspecified.
Lessor's acceptance of partial paymetns of amount due, or payments without inclusion of late charges or interest, shall not be deemed to limit, restrict, or waive Lessor's right to collect the full amounts due and all accrued late charges and interest. Receipt of a check shall not be deemed to constitute payment unless the check is honored by the bank upon which it is drawn, and late charges and interst shall accruefrom the original due date if a check is dishonored. Lessor may require that all payments be madeby cashier's check if a check from Lessee is dishonored by the bank upon which is is drawn for any reason whatsoever.
2. SECURITY DEPOSIT -- In addition to Lessee's deposit of the first month's rent, Lessee shall deposit with Lessor upon execution hereof TWO THOUSAND FIVE HUNDRED ($2,500.00) as security for Lessee's faithful performance of Lessee's obligations hereunder.
If Lessee fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision of this Lease, Lessor may use, apply or retain all or any portion of said deposit for the payment of any rent or other charge in default or for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to compensate Lessor for any loss or damage which Lessor may suffer thereby.
If Lessor so uses or applies all or any portion of said deposit, Lessee shall within 10 days after writtten demand therefor deposti cash with Lessor in an amount sufficient to restore said deposit to the full amount hereinabove stated, and Lessee's failure to do so shall be a material breach of this Lease. During the term Lessor may use and commingle said deposit with other funds of Lessor.
If Lessee performs all foLessee's obligations hereunder, said deposit, or so much thereof as has not thertofor been applied by Lessor, shall be returned to Lessee (or, at Lessor's option, to the last assignee, if any, of Lessee's interest herunder_ at the expiration oft he term hereof, and after Lessee has vacated the premises. No trust relationship is created herein between Lessor and Lessee with respect to said deposit.
