From the 'Lectric Law Library
Residential Lease/Rental Agreement Form

(For use in the State of California)

PARTIES: LANDLORD___Howard Besser ____________

TENANT(S)__Marlene Winell_____________________


PROPERTY ADDRESS: _2813 Fulton_________________________

_Berkeley, CA 94705__________________

1. RENTAL AMOUNT: Commencing __October 9_____, 2004__ TENANT agrees to
pay LANDLORD the sum of $_1,000___per month in advance on the _1st_day
of each calendar month. Said rental payment shall be delivered by TENANT
to LANDLORD or his designated agent to the following location:
3 Washington Square Village #13F, New York, NY 10012

Rent must be actually received by LANDLORD, or designated agent, in
order to be considered in compliance with the terms of this agreement.
Rent is consider late after 5 days.

2. TERM: The premises are leased on the following lease term:
until _June 15 ___,2005__.

3. SECURITY DEPOSITS:TENANT shall deposit with landlord the sum of
$_500.00 __ as a security deposit to secure TENANT'S faithful
performance of the terms of this lease. The security deposit shall not
exceed two times the monthly rent. After all the TENANTS have vacated,
leaving the premises vacant, the LANDLORD may use the security deposit
for the cleaning of the premises, any unusual wear and tear to the
premises or common areas, and any rent or other amounts owed pursuant to
the lease agreement or pursuant to Civil Code Section 1950.5.

TENANT may not use said deposit for rent owed during the term of the
lease. Within 21 days of the TENANT vacating the premises, LANDLORD
shall furnish TENANT a written statement indicating any amounts deducted
from the security deposit and returning the balance to the TENANT. If
TENANT fails to furnish a forwarding address to LANDLORD, then LANDLORD
shall send said statement and any security deposit refund to the leased

4. INITIAL PAYMENT: TENANT shall pay the first partial month rent
of $ , the first month rent of $_1,000_________,
the last month partial rent of _$500______, and the security deposit in
the amount of $_500.00 __ for a total of $_2,000______. Said payment
shall be made in the form of cash or cashier's check and is all
due prior to occupancy.

5. SHARE: TENANT shall share the premises with Howard Besser. Besser
will only be present holidays (one week at Thanksgiving, one week in
January, summer, etc.) and in emergency situations (such as severe
illnesses or deaths). Besser will keep his possessions on the premises,
and TENANT will not disturb the possessions stored in Besser's bedroom.

6. OCCUPANTS: The premises shall not be occupied by any person other
than those designated above as TENANT. Any person staying 14 days
cumulative or longer, without the LANDLORD'S written consent, shall
be considered as occupying the premises in violation of this agreement.

7. SUBLETTING OR ASSIGNING: TENANT agrees not to assign or sublet the
premises, or any part thereof, without first obtaining written
permission from LANDLORD.

8. UTILITIES: TENANT shall pay for all utilities and/or services
supplied to the premises with the following exception:

9. CONDITION OF PREMISES: TENANT acknowledges that the premises have
been inspected. Tenant acknowledges that said premises have been cleaned
and all items, fixtures, appliances, and appurtenances are in complete
working order. TENANT promises to keep the premises in a neat and
sanitary condition and to immediately reimburse landlord for any sums
necessary to repair any item, fixture or appurtenance that needed
service due to TENANT'S, or TENANT'S invitee, misuse or negligence.

TENANT shall be responsible for the cleaning or repair to any plumbing
fixture where a stoppage has occurred.

10. ALTERATIONS: TENANT shall not make any alterations to the premises,
including but not limited to installing aerials,
dishwashers, washing machines, dryers or other items without first
obtaining written permission from LANDLORD. TENANT shall not change or
install locks, paint, or wallpaper said premises without LANDLORD'S
prior written consent. TENANT will not dispose of any of LANDLORD'S
belongings without prior specific written or email permission.

11. LATE CHARGE/BAD CHECKS: A late charge of 6% of the current rental
amount shall be incurred if rent is not paid when due.

If rent is not paid when due and landlord issues a 'Notice To Pay Rent
Or Quit', TENANT must tender cash or cashier's check only. If TENANT
tenders a check, which is dishonored by a banking institution, than
TENANT shall only tender cash or cashier's check for all future
payments. This shall continue until such time as written consent is
obtained from LANDLORD. In addition, TENANT shall be liable in the sum
of $10 for each check that is returned to LANDLORD because the check has
been dishonored.

invitees shall not disturb, annoy, endanger or inconvenience other
tenants of the building, neighbors, the LANDLORD or his agents, or
workmen nor violate any law, nor commit or permit waste or nuisance in
or about the premises.

13. REPAIRS BY LANDLORD: Where a repair is the responsibility of the
LANDLORD, TENANT must notify LANDLORD with a written notice stating
what item needs servicing or repair. TENANT must give LANDLORD a
reasonable opportunity to service or repair said item. TENANT
acknowledges that rent will not be withheld unless a written notice has
been served on LANDLORD giving LANDLORD a reasonable time to fix said
item within the meaning of Civil Code Section 1942. Under no
circumstances may TENANT withhold rent unless said item constitutes a
substantial breach of the warrantee of habitability as stated in Code of
Civil Procedure Section 1174.2.

14. PETS: No dog, cat, bird, or other domestic pet or animal of any
kind may be kept on or about the premises without LANDLORD"S written
consent. Landlord consents to 2 cats. Tenant agrees to repair
any damage caused by cats, and to be financially responsible for all
cat damage over and above any damage covered by the deposit.

15. FURNISHINGS: No liquid filled furniture of any kind may be kept on
the premises (with the exception of one waterbed in the bedroom).

16. INSURANCE: TENANT may maintain a personal property insurance policy
to cover any losses sustained to TENANT'S personal property or vehicle.
It is acknowledged that LANDLORD does not maintain this insurance to
cover personal property damage or loss caused by fire, theft, rain,
water overflow/leakage, acts of GOD, and/or any other causes.

It is acknowledged that LANDLORD is not liable for these occurrences. It
is acknowledged that TENANT'S insurance policy shall solely indemnify
TENANT for any losses sustained. TENANT'S failure to maintain said
policy shall be a complete waiver of TENANT'S right to seek damages
against LANDLORD for the above stated losses. The parties acknowledge
that the premises are not to be considered a security building which
would hold LANDLORD to a higher degree of care.

17. TERMINATION OF LEASE/RENTAL AGREEMENT: If this lease is based on a
fixed term, pursuant to paragraph 2, then at the expiration of said
fixed term this lease shall become a month to month tenancy upon the
approval of LANDLORD.

Where said term is a month to month tenancy, either party may terminate
this tenancy by the serving of a 30 day written notice.

18. POSSESSION: If premises cannot be delivered to TENANT on the agreed
date due to loss, total or partial destruction of the premises, or
failure of previous TENANT to vacate, either party may terminate this
agreement upon written notice to the other party at their last known
address. It is acknowledged that either party shall have no liability to
each other except that all sums paid to LANDLORD will be immediately
refunded to TENANT.

19. ABANDONMENT: It shall be deemed a reasonable belief by the LANDLORD
that an abandonment of the premises has occurred where the, within the
meaning of Civil Code Section 1951.2, where rent has been unpaid for 14
consecutive days and the TENANT has been absent from unit for 14
consecutive days. In that event, LANDLORD may serve written notice
pursuant to Civil Code Section 1951.2. If TENANT does not comply with
the require- ments of said notice in 18 days, the premises shall be
deemed abandoned.

20. WAIVER: LANDLORD'S failure to require compliance with the conditions
of this agreement, or to exercise any right provided herein, shall not
be deemed a waiver by LANDLORD of such condition or right. LANDLORD'S
acceptance of rent with knowledge of any default under agreement by
TENANT shall not be deemed a waiver of such default, nor shall it limit
LANDLORD'S rights with respect to that or any subsequent right. If is
further agreed between the parties that the payment of rent at any time
shall not be a waiver to any UNLAWFUL DETAINER action unless LANDLORD
in writing specifically acknowledges that this constitutes a waiver to

21. VALIDITY/SEVERABILITY: If any provision of this agreement is held to
be invalid, such invalidity shall not affect the validity or
enforceability of any other provision of this agreement.

22. ATTORNEY FEES: In the event action is brought by any party to
enforce any terms of this agreement or to recover possession of the
premises, the prevailing party shall recover from the other party
reasonable attorney fees.

It is acknowledged, between the parties, that jury trials significantly
increase the costs of any litigation between the parties. It is also
acknowledged that jury trials require a longer length of time to
adjudicate the controversy. On this basis, all parties waive their
rights to have any matter settled by jury trial.

23. NOTICES: All notices to the tenant shall be deemed served upon
mailing by first class mail, addressed to the tenant, at the subject
premises or upon personal delivery to the premises whether or not TENANT
is actually present at the time of said delivery. All notices to the
landlord shall be served by email to and by
mailing first class mail to:_Howard Besser, 3 Washington Square Village #13F
New York, NY 10012___.

24. PERSONAL PROPERTY OF TENANT: Once TENANT vacates the premises, all
personal property left in the unit shall be stored by the LANDLORD for
18 days. If within that time period, TENANT does not claim said
property, LANDLORD may dispose of said items in any manner LANDLORD

25. ADDITIONAL RENT: All items owed under this lease shall be deemed
additional rent.

26. APPLICATION: All statements in TENANT'S application must be true or
this will constitute a material breach of this lease.


28. ENTIRE AGREEMENT: The foregoing agreement, including any attachments
incorporated by reference, constitute the entire agreement between the
parties and supersedes any oral or written representations or agreements
that may have been made by either party. Further, TENANT represents that
TENANT has relied solely on TENANT'S judgment in entering into this
agreement. TENANT acknowledges having been advised to consult with
independent legal counsel before entering into this Agreement and has
decided to waive such representation and advice. TENANT acknowledges
that TENANT has read and understood this agreement and has been
furnished a duplicate original.


_____________________________TENANT __________DATE

_____________________________TENANT __________DATE


For use in the State of California

LOS ANGELES (213) 938-2868 ENCINO (818) 986-3147
INGLEWOOD (310) 673-2996 VENTURA (805) 653-7264
LONG BEACH (310) 434-5000 ORANGE (714) 634-8232
SAN BERNARDINO (909) 877-6565 FAX (213) 938-6069