TERMS & CONDITIONS
1. RENTAL UNIT: Subject to the terms and conditions of this Agreement, 5R Suites rents to Guest and Guest rents from 5R Suites, for residential use only, the Premises set forth on Page 2 of this Agreement.
2. OCCUPANCY: Only the individuals listed in the Guest General Information above are authorized to reside in the Premises. Guest expressly agrees not to allow any other individual to reside in the Premises without first notifying 5R Suites and obtaining 5R Suites’s written consent. Should Guest allow additional unauthorized occupants to reside in the Premises without first notifying 5R Suites and obtaining 5R Suites’s written consent, 5R Suites may charge an additional fee of $75.00 per day for each guest that is unauthorized to stay. In all cases, no more than 4 persons shall occupy any 1-Bedroom Suite or Studio Suite, or 6 persons in any 2-bedroom Suite.
3. PHYSICAL POSSESSION: If 5R Suites is unable to deliver possession of the Suite at the commencement of the Term, 5R Suites shall not be liable for any damage caused thereby, nor shall this Agreement be void or voidable. Guest shall not be liable for any Rent until possession is delivered. Should the Suite not be available for Guest to take possession at the commencement of the Term, 5R Suites reserves the right to substitute the Suite with an equivalent size or larger size Suite at the same monthly rental rate specified herein (“Substituted Premises”). 5R Suites agrees that upon delivery of the Substituted Premises, Guest shall be bound to all covenants and conditions contained herein.
4. TERM: Guest’s occupancy shall commence on the Move In Date, specified on page 2 of this Agreement, and continue for the term until the “Move Out Date” specified on page 2 of this Agreement (“Term”), at which time this Lease shall terminate without further notice.
5. NO RIGHT TO HOLDOVER: Upon the expiration of the Term, should Guest or Guest’s invitees, including but not limited to family, friends, associates, employees, consultants, and agents (hereinafter “Guest’s Invitees”), fail to vacate the Premises upon the Move Out Date, Guest shall be considered a holdover tenant and Guest shall be charged $200.00 for each day Guest remains on the Premises in addition to the prorated Rent due under this Agreement as permitted to the maximum amount allowed under California State law.
6. RENT: The total Rent for the Premises is specified on page 2 of this Agreement, which Guest hereby agrees to pay to 5R Suites at 10250 Constellation, Los Angeles, CA, 90067, or such other place as 5R Suites may from time to time designate in writing to Guest. All payments shall be made by credit card, money order, electronic wire, or cash. Rent, Additional Rent as defined below, and any and all other monetary obligations of Guest to 5R Suites (except for the Security Deposit) are deemed to be Rent. All payments are to be made payable to 5R Suites or such other entity as 5R Suites may designate in writing to Guest from time to time. If Guest pays by credit card or electronic payment then Guest hereby agrees not to chargeback any rent payments made by electronic payment to 5R Suites, including but not limited to payments using ACH, credit card and debit card. Guest agrees that failure to abide by this Agreement may result as Additional Rent in applicable late fee charges as specified in this Agreement. Moreover, if Guest’s Rent payment made by electronic payment is charged back at any time during the Term, Guest may be required to pay all future Rent and other charges by money order, certified check or cash. 5R Suites may apply any payment made by Guest to any obligation of Guest under this Lease, notwithstanding any dates or other direction from Guest that accompanies any such payment. Any attempt by Guest to allocate a payment in any other way shall be null and void. All monies will be applied to past due amounts first and then to any outstanding Rent amounts unless otherwise specified. 5R Suites has provided Guest with the option of making payments to 5R Suites via certain electronic payment systems. If Guest submits an electronic payment to 5R Suites, then Guest is solely responsible for safeguarding their account information. Guest agrees, at Guest’s own expense, to indemnify, defend and hold 5R Suites harmless against any claim, suit, action or other proceeding brought against 5R Suites by a third party to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the use of an electronic payment system. Guest acknowledges if a credit card is used to make payment, the card will be billed when applicable for future rent payments due per the terms listed on page 2 of the Rental Agreement.
7. RENT FOR TWO MONTH TERMS AND LESS: If Guest’s Term is two months or less, then Guest shall pay the total amount of the Rent listed on page 2 of this Agreement prior to the occupancy of the Suite.
8. RENT FOR THREE MONTH TERMS AND LONGER. If Guest’s Term is three months or longer, Guest hereby agrees to prorate its first month’s Rent in order that rental payments shall fall due on the first day of each month, and shall pay 5R Suites as its initial Rent the prorated first month and the month thereafter as specified on page 2 of this Agreement. Thereafter, Guest hereby agrees to pay Rent in advance on or before the first day of each and every month to 5R Suites or 5R Suites's authorized agent at the address specified above on Page 3 of this Agreement.
9. LATE PAYMENTS & RETURNED CHECKS: If 5R Suites does not receive the Rent shown on page 2 of this Agreement by the end of the 3rd business day of the month, then 5R Suites may collect a one-time flat fee of $150.00 for that month. If any payment is returned for non-sufficient funds or because Guest stops payment, then after that, 5R Suites may, in writing, require Guest to pay Rent in cash, money order or cashier’s check. 5R Suites may terminate this Agreement for failure to pay late charges, and may terminate this Agreement for non-payment of Rent if not paid by the 7th business day of the month. 5R Suites may collect a fee of $25.00 on the first or any additional time a check is not honored for payment. The charges discussed in this paragraph shall be deemed Additional Rent. Both parties agree that these charges are presumed to be damages sustained because of Guest’s late payment of rent and not merely a penalty. Both parties further agree that it is impractical and/or extremely difficult to ascertain the actual damages sustained by 5R Suites as a result of Guest’s late payment of Rent.
10. CANCELLATIONS: For short term stays 28 days and under, Guest must provide a 14-day written notice of cancellation to 5R Suites prior to move-in date to receive 100% of the total amount paid, 0% will be forfeited to 5R Suites. If Guest cancels 13-days or prior to the start of cancellation, they shall receive a 50% refund, 50% is forfeited to 5R Suites. Upon notice of cancellation during a reservation, the entire reservation amount will be forfeited if less than 14-days remain on the contract. If more than 14-days remain on the contract, all days beyond 14 days in the future shall be refunded and or not assessed as a future rent payment. For long term stays over 28 days, Guest must provide a 30-day written notice of cancellation to 5R Suites prior to move-in date to receive 100% of the total amount paid, 0% will be forfeited to 5R Suites. If Guest cancels up to 29-days prior to, and during a reservation, the first, or next 30 days of the reservation will be forfeited. If more than 30-days remain on the contract, all days beyond 30 days in the future shall be refunded and, or, not assessed as a future rent payment. If Guest term of occupancy was less than 30-days, a tax rate of 14.6% will be assessed even if the original booking was for 30+ days + sub-sequential nightly rate. If this cancellation policy is in conflict with the cancellation policy as outlined on the Guest’s booking platform, the cancellation policy outlined on the booking platform will supersede this clause.
11. LOST KEY, REMOTE CONTROL OR PARKING PASS: Each Flat may contain at least one (1) remote control for the TV, one (1) parking pass for one car, and be issued up to 2 key(s) per Suite upon execution of this Agreement and payment of the First Month’s Rent. If at the time of the Move Out Date, the remote control is missing, or Guest fails to turn in the parking pass or key, or requests keys in addition to the 2 provided, than Guest shall be charged the non-refundable fees (“Additional Rent”) listed in the “Additional Rent Addendum” attached hereto.
12. CREDIT CARD CHARGE: As a condition of this Agreement, Guest hereby authorizes 5R Suites to use Guest’s credit card for the payment of the Rent and Additional Rent. Guest further authorizes 5R Suites to automatically charge their credit card on file if payment of the Rent or Additional Rent is not received by 5R Suites by the date specified in this Agreement. Additionally, 5R Suites hereby reserves the right to charge the Guest’s credit card for any and all losses or damages sustained to the Premises caused by Guest or Guest’s Invitees.
13. ACCOMMODATIONS: 5R Suites agrees to provide a suite fully furnished with water, gas, electricity, air conditioning, heating, refrigerator, oven, stove top, and internet (hereinafter “Services”). Failure to supply such Services shall not result in any liability whatsoever to 5R Suites. Notwithstanding the above, Rent for the Suite does not include additional services, including but not limited to in room phones, daily maid service, food and detergents.
14. ENTRY: 5R Suites, through its agents, servants, and/or employees, has full right of access to the Suite to enforce the terms of this Agreement, to make necessary repairs and alterations, and to show the Suite for business purposes. Except to provide any agreed services, at any time, including but not limited to, the Services, such entry shall be made during normal business hours and upon at least twenty-four (24) hours' prior notice. Additionally, in the case of an emergency or Guest's abandonment or surrender of the Suite, 5R Suites or 5R Suites's agent may enter the Premises at any time, without obtaining Guest's prior consent.
15. RELEASE OF LIABILITY AND ASSUMPTION OF RISK AS CONDITION FOR USE OF RECREATIONAL FACILITIES: Guest acknowledges that using the gym, pool, jacuzzi, or any and all other recreational facilities at the Property (“Recreational Facilities”) involves certain inherent risks, including (without limitation) the risk of death, serious personal injury and damage and /or loss to personal property. Guest IS HEREBY NOTIFIED THAT 5R Suites DOES NOT PROVIDE A LIFEGUARD OR ANY OTHER SUPERVISION WITHIN THE RECREATIONAL FACILITIES. Guest agrees to assume any and all such risks, as well as any other risks involved in using the Recreational Facilities. Guest also agrees to indemnify, hold harmless and defend 5R Suites from and against any loss, damage, liability, and expense, including attorneys’ fees and costs, incurred by 5R Suites while at or using the Recreational Facilities or any other recreational activity sponsored by or involving 5R Suites. Guest further agrees to release and discharge 5R Suites and all of its directors, officers, managers, members, employees, agents, representatives, contractors, partners, assignees and successors in interest from and against any and all damages, actions, claims and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any recreational activity, occurrence or event to the fullest extent permitted by law. This Release is intended to release and discharge 5R Suites from all damages, actions, claims and liabilities of any nature, specifically including, but not limited to, damages, actions, claims and liabilities arising from, or related to, product liability in connection with equipment furnished at the gym, the negligence of, and/or strict liability against 5R Suites. In addition, Guest acknowledges that 5R Suites makes no warranty with respect to the equipment or other products furnished at the gym, whether expressed or implied, including, but not limited to an implied warranty of merchantability or fitness for a particular purpose.
16. RELEASE OF LIABILITY AND ASSUMPTION OF RISK AS CONDITION FOR USE OF VALET PARKING AND DROP OFF CAR SERVICES AT CERTAIN PROPERTIES: No invitee of Guest shall use the parking facilities at the Building. Guest acknowledges that using the valet or complimentary drop off car services provided at certain 5R Suites Properties (collectively “Vehicle Services”) are provided to the Guests listed on page 1 of this Agreement, and involve certain inherent risks, including (without limitation) the risk of serious personal injury, damage and/or loss to Guest’s vehicle, and/or damage and/or loss to Guest’s personal property within the vehicle. Guest agrees to assume any and all such risks, as well as any other risks involved in using the Vehicle Services. Guest also agrees to indemnify, hold harmless and defend 5R Suites from and against any loss, damage, liability, and expense, including attorneys’ fees and costs, incurred by 5R Suites as a result of Guest’s use of the Vehicle Services. Guest further agrees to release and discharge 5R Suites and all of its directors, officers, managers, members, employees, agents, representatives, contractors, partners, assignees and successors in interest from and against any and all damages, actions, claims and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from Guest’s use of the Vehicle Services, to the fullest extent permitted by law. This Release is intended to release and discharge 5R Suites from any and all damages, actions, claims and liabilities of any nature, specifically including, but not limited to, damages, actions, claims and liabilities arising from, or related to, Guest’s use of the Vehicle Services.
17. WAIVER/RELEASE: Guest’s personal property and vehicles are not insured by 5R Suites against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts, or any other cause. Guest specifically acknowledges and affirms that only Guest, and not 5R Suites, is responsible for all of Guest’s personal property, business documents, equipment, office supplies, and any other items kept within the Suite, and Guest specifically waives all claims relating to its personal and business property, and specifically releases 5R Suites from all such liability.
18. DAMAGE OR DESTRUCTION: (a) Partial Damage: If partial damage occurs to the Premises, unless caused by a negligent or willful act of Guest or Guest’s Invitees (in which event Guest shall make the repairs at Guest’s own expense), 5R Suites may either: (i) repair such damage as soon as reasonably possible at 5R Suites’s own expense, in which event this Agreement shall continue in full force and effect, or in the event of a Term longer than 3 months, (ii) terminate this Agreement by giving written notice to Guest within 30 days after receipt by 5R Suites of knowledge of the occurrence of such damage. Such termination shall be effective 60 days following the date of such notice. In the event 5R Suites elects to terminate this Agreement, Guest shall have the right within 10 days after receipt of the termination notice to give written notice to 5R Suites of Guest’s commitment to pay for the repair of such damage without reimbursement from 5R Suites. Guest shall provide 5R Suites with said funds within 30 days after making such commitment. In such event, this Agreement shall continue in full force and effect, and 5R Suites shall proceed to make such repairs as soon as reasonably possible after the required funds are available. If Guest does not make the required commitment, this Agreement shall terminate as of the date as specified in the termination notice. (b) Total Destruction: If total destruction to the Premises occurs, this Agreement shall terminate following such destruction. If the damage of destruction was caused by the negligence or willful misconduct of Guest or Guest’s Invitees, 5R Suites shall have the right to recover 5R Suites’s damages from Guest.
19. ASSIGNMENT AND SUBLETTING: Guest shall not voluntarily or by operation of law assign, transfer, mortgage or encumber (collectively, “assign or assignment”) or sublet all or any part of Guest’s interest in this Agreement. Any assignment or subletting without 5R Suitess consent shall, at 5R Suites’s option, be a non-curable breach of this Agreement without necessity of any notice and grace period. If 5R Suites elects to treat such unapproved assignment or subletting as a non-curable breach, 5R Suites may either: (i) terminate this Agreement, or (ii) increase the Rent to 110% of the Rent then in effect.
20. DEFAULT AND REMEDIES: In the event of Guest’s failure to timely pay Rent or breach any provisions of this Agreement, 5R Suites may, with or without further notice or demand, and without limiting 5R Suites in the exercise of any right or remedy which 5R Suites may have by reason of such breach, terminate this Agreement and/or Guest's right to possession of the Premises by any lawful means, and/or restrict or terminate Guest’s use of Additional Services and amenities. In such event, 5R Suites shall be entitled to recover from Guest: (i) the unpaid Rent which had been earned at the time of termination; (ii) the worth at the time of award of amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Guest proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that the Guest proves could be reasonably avoided; and (iv) any other amount necessary to compensate 5R Suites for all the detriment proximately caused by the Guest's failure to perform its obligations under this Agreement, including but not limited to the cost of recovering possession of the Premises, expenses of reletting, leasing commissions, and reasonable attorneys' fees and costs. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. Efforts by 5R Suites to mitigate damages caused by Guest's breach of this Agreement shall not waive 5R Suites's right to recover damages.
21. USE OF PREMISES: Guest or Guest’s Invitees shall not disturb, annoy, harass, endanger, or interfere with the peace and quiet enjoyment of any other tenant, occupant, or invitees at the Property. Guest or Guest’s Invitees shall not commit waste upon the Premises or Property, or maintain, commit, or permit the maintenance or commission of nuisance upon the Premises or Property, or use the Premises or Property for any unlawful purpose. Any violation of this section shall be deemed a material and incurable breach of this Agreement and shall entitle 5R Suites to serve Guest with a three-day notice to quit, terminating the tenancy and resulting in a forfeiture of this Agreement. Guest shall not make any structural or surface alterations to the interior of the Suite, including but not limited to painting, drilling, and/or nailing into the walls. Guest is liable and fully responsible for any and all damages incurred by 5R Suites, except reasonable wear and tear, whether caused by Guest or Guest's Invitees throughout the entire duration of their use or occupancy. This includes, but is not limited to, intentional and/or unintentional removal of 5R Suites’s property, willful and/or accidental damage to the Suite and/or Property, including but not limited to any and all fixtures, appliances and furniture, and/or any alterations to the interior of the Suite. Guest’s credit card may be charged at full cost of repair and/or current replacement costs, including labor and material, removal and disposal, plus any applicable taxes and surcharges. In addition to the repair and/or replacement costs, if the repair and or replacement costs exceed $500 than Guest shall also lose their Security Deposit and be charged a non-refundable fee of $500 for 5R Suites’s time and effort in restoring the Premises back to its original condition.
22. NO PETS OR SMOKING: No pets are allowed in the Premises. No smoking of any substance is allowed on the Premises. If a pet is maintained in the Premises or if smoking does occur on the Premises: 1) Guest is responsible for all damage caused by the pet or smoking including, but not limited to, stains, burns, odors, and removal of debris; 2) Guest is in breach of this Agreement; 3) Guest and any Guest’s Invitees, may be required to leave the Premises; and 4) Guest acknowledges that in order to remove odor caused by a pet or smoking, 5R Suites may need to replace carpet and drapes and paint the entire premises regardless of when these items were last cleaned, replaced, or repainted. Such actions and other necessary steps will impact the return of any Security Deposit.
23. RULES & REGULATIONS: Guest agrees to comply with all rules and regulations of 5R Suites which are at any time posted on the Property or delivered to Guest (“Rules & Regulations”). Guest acknowledges that they have received the most recent version of the Rules & Regulations, and that version, and all future versions, are incorporated herein as part of this Agreement. 5R Suites shall not be responsible to Guest for the non-compliance with the Rules & Regulations by other tenants. If Guest violates any of the Rules & Regulations, including but not limited to, use of the Pool outside of the hours permitted, than 5R Suites may, in its sole discretion, charge to Guest as Additional Rent, the fee listed in the Additional Rent Addendum below.
24. CONSTRUCTION: Headings at the beginning of each section are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. The singular form shall include plural, and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to sections are to this Agreement.
25. INDEMNITY AND LIMITATION OF LIABILITY: Guest shall fully indemnify, protect, defend and hold harmless 5R Suites and its directors, agents, managers, invitees, members, partners, contractors, lenders, employees, representatives, and assignees (“Indemnitees”), from and against any and all claims, loss of rents, costs, damages, liens, judgments, penalties, reasonable attorneys’ and/or consultants’ fees, actual out of pocket expenses and/or liabilities, however caused, directly or indirectly, arising out of, involving, or in connection with, the use or occupancy of the Suite, Recreational Facilities, and/or Property by Guest or Guest’s Invitees, including any alleged act, failure to act or negligence of Indemnitees, excluding claims arising from the sole gross negligence and willful misconduct of 5R Suites or its employees. Further, 5R Suites shall not be liable for any injury or damage to Guest or any Guest’s Invitees, or any damages to the property or any loss of personal property of Guest or Guest’s Invitees, occurring within the Suite or any portion of the Property. In addition, 5R Suites is not liable for any loss or damage to Guest’s vehicles, and/or the vehicles of Guest’s Invitees, due to fire, theft, vandalism, rain, water, criminal or negligent acts, or any other cause while parked at the Property. Each party waives the right of subrogation against the other party. 5R Suites’S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL RENT AND FEES PAID BY Guest TO 5R Suites PURSUANT TO THIS AGREEMENT. IN NO EVENT SHALL 5R Suites BE LIABLE TO Guest OR Guest’s INVITEES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AND/OR PUNITIVE DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LAW. This Section shall survive the expiration or earlier termination of this Agreement.
26. GENERAL PROVISIONS: Time is of the essence. This is the Parties’ entire Agreement and may be amended only be separate writing executed by both Parties. The validity, meaning, and effect of this Agreement shall be determined in accordance with California law. If any of the provisions of this Agreement are determined to be invalid, illegal, or unenforceable, such provisions shall be modified to the minimum extent necessary to make such provisions enforceable, and the validity, legality, and enforceability of the remaining provisions of this Agreement shall continue in full force and effect to the extent the economic benefits conferred upon the parties by this Agreement remain substantially unimpaired. If Guest is more than one person, each person shall be jointly and severally liable for the performance of Guest's obligations under this Agreement. This Agreement is binding upon and inures to the benefit of the heirs, assigns, successors, executors, and administrators of 5R Suites and Guest. This Agreement contains the entire agreement between the Parties regarding the lease of the Premises and Property and it expressly supersedes all previous or contemporaneous agreements, understandings, representations, or statements between the parties regarding those matters. By signing below, Guest hereby represents and warrants that it has full legal power and authority to enter into this Agreement.