About this listing
Ideal rental for business visitor or person relocating to San Francisco - Cozy one-bedroom apartment behind grand Victorian set on famous Alamo Square
Cozy one-bedroom, completely renovated apartment tucked away behind grand Victorian on Alamo Square. Peace and quiet just steps from San Francisco's famous Postcard Row and the splendid architecture of the Alamo Square Historic District. Apartment features a refurbished kitchen with a new stove, dishwasher, garbage disposal and full-sized refrigerator, a bedroom with super comfortable queen-size bed with comforter, walk-in closet, instant hot water and amazing water pressure.
This apartment is not lived in; it is used only as a corporate rental, which means there's plenty of room (closet, drawer space, fridge, etc) for you to make yourself at home.
The apartment comfortably accommodates singles and couples.
The apartment is located on Hayes Street, between Steiner and Pierce Streets, directly across from Alamo Square.
You will be within a 10 to 15 minute walk to some of San Francisco's most famous restaurants: Absinthe, Jardiniere, NOPA, State Bird Provision, and Zuni, to name a few. Equally close are affordable neighborhood restaurants, cafes, bars, groceries, shops, services, a bookstore. There are two farmer's markets nearby on weekends, and of course, historic Alamo Square, where residents gathered to watch the city burn after the earthquake of 1906. Go to a play, opera or symphony. Explore Golden Gate Park, Hayes Valley, the Mission, Pacific Heights, the Castro and Haight Ashbury. Dine on Fillmore Street or in Japan Town. ALL ARE IN WALKING DISTANCE.
A half block away you can catch a MUNI bus to the nearby BART (underground) station. Getting downtown or visiting any of the great San Francisco attractions is easy with frequent buses. Be sure to take a walk around the neighborhood and see some of the finest Victorians in the city.
Short bus ride to Market Street, Financial District and Downtown.
- free high-speed WIFI
- Brookstone iDesign Radio to play music from your MP3 player
- gas furnace
- renovated bathroom
- there is no TV
LAUNDRY AND DRY CLEANING
Dry cleaners and laundry services available nearby. Services, for example, Laundry Locker, will pick up and deliver laundry and dry cleaning. We launder the sheets and towels each week during your stay. You put them in a cloth bag and leave them by our back door; we launder and return them a day or two later. In the meantime you use the second set of sheets and towels in the apartment.
There is good wi-fi.
We cannot host indoor or outdoor smokers.Your stay will unfortunately be cancelled without refund on the same day discovered due to household cleanliness and neighbors' health considerations.
Also we cannot accommodate pets or babies/infants/toddlers. This is due to safety issues.
Thanks for understanding!
Guests have access to apartment through a separate passageway along side of the house. The house behind which the apartment is on a hill. There are a total of 25 steps, up three flights, to the apartment.
The neighborhood buzzes with residents and visitors' enjoying the park, with its famous view of the Postcard Row of Victorian houses and the City scape in the background, as well as more restaurants than you dine at during a month's stay.
The 21 Hayes Muni electric coach is a half block from the apartment. This runs downtown and connects with Muni and Bay Area Rapid Transit.
By booking a reservation as a guest (“Guest") on (website hidden) (“Platform") the Guest agrees to rent the premises described below solely on the following terms and conditions (this Lease"). Upon Owner's request, Guest will sign and deliver to Owner a tangible version of this Lease, which identifies Guest, Owner, the Property, the premises, the date of the booking and the Initial Term.
Terms and Conditions
This Part I sets forth the terms and conditions on which Guest will occupy the premises during the Initial Term (as defined below) and thereafter if the tenancy becomes a month-to-month tenancy:
1. PROPERTY: (a) The person described on the Platform as the host or owner (“Owner") leases to Guest and Guest hires from Owner the “premises" described as the property so reserved on the Platform.
(b) The personal property on the premises is described in the “Guide." Guest will check and notify Owner within 24 hours of his or her arrival of any inaccuracies in such description.
(c) The areas around the premises which Guest may use, and referred to as the “common areas," include only the stairs and passageway from Hayes Street to the premises.
(d) The premises do not include any storage space, the use of the mailbox, the area immediately outside the premises or the garden behind the premises.
2. TERM: (a) The initial term of this Lease shall be for the period stated in the reservation made through the Platform, as such reservation may be extended by agreement made through the Platform (“Initial Term").
(b) Upon request, Guest will confirm in advance the time and date of arrival and departure. Such confirmation will also serve as notice from Guest that his or her tenancy will terminate on such date of departure.
(c) Owner may cancel the reservation and terminate this Lease upon notice at any time prior to the first day of the Initial Term if any current guest or tenant does not vacate the premises.
3. RENT: (a) Guest shall pay the full amount of rent and all charges stated in the reservation on the Platform for the Initial Term as and when required by the Platform. Failure to pay any amount of the charges when due is a breach of the Lease.
(b) Subject to the last sentence of this paragraph 3(c), Guest shall also pay, as additional rent: (i) all charges invoiced by Pacific Gas & Electric Company for the premises for the Initial Term and (ii) his or her pro rata share of all charges imposed by (A) San Francisco Public Utilities Commission (Water Department) for water, wastewater, sewage and related services, and (B) Sunset Scavenger and any successor thereto for garbage, recycling, composting and other services provided to Owner for the property at which the premises is located. Guest acknowledges that garbage, water, sewage and related services are not separately metered. Guest's pro rata share shall be calculated by multiplying the charges stated on an invoice received from the applicable supplier by a fraction the numerator of which shall be the number of occupants in the premises and the denominator of which shall be, in the case of water and sewage charges, the number of occupants in all units in the building and, in the case of garbage charges, the number of units in the building. All additional rent described in this paragraph 3(c) will be excused if Guest vacates the premises on or before the last day of the Initial Term.
4. SECURITY DEPOSIT: Guest will pay a $500 security deposit to and receive a refund from the Platform.
5. GARBAGE DISPOSAL: (a) Guest understands that the City and County of San Francisco (i) prohibits discarding hazardous and toxic waste products in the garbage or in the sewer, (ii) encourages recycling of recyclable garbage and (iii) encourages disposal of composting materials in a separate green composting bin. Guest has received or will receive a copy of the rules for recycling of paper, bottles and other recyclable materials in San Francisco. Guest agrees to (i) dispose of all hazardous waste at San Francisco's Hazardous Waste Collection Facility, (ii) place all recyclable and compostable materials in the appropriate receptacles.
(b) Guest acknowledges that the City and County of San Francisco prohibits dumping or leaving of garbage on the streets or bins in parks and agrees to comply with this law.
(c) Owner is not liable to Guest or any other person in damages or otherwise, nor shall Owner be in breach of this Lease for any interruption or reduction of utilities or services cause by someone other than Owner, or by Owner due to circumstances beyond Owner's reasonable control.
(d) Without Owner's prior written consent, Guest shall not install or arrange for the installation of any utility, telephone, cable television, internet or other value added service.
6. OCCUPANTS: The premises are for the sole use as a residence by Guest only. Guest may not have visitors present on or use the premises when Guest is not present.
7. GUESTS: (a) Guest understands that persons not named as Guest who visit the premises with Guest's permission are Guest's visitors or guests. Owner has no responsibility for the safety of Guest's visitors or guests or their property.
(b) Guest will be responsible for and indemnify Owner for all injuries, damages and losses caused by Guest's visitors and guests to the premises, Owner, and other Guests at the property at which the premises are located (the “Property") and their respective guests.
(c) The premises are suitable for single persons or couples. Unless Guest notifies Owner before booking that the premises will be occupied by a couple, only Guest may occupy the premises. Except as provided in the preceding sentence, without Owner's prior consent (which Owner may withhold in his sole discretion), Guest shall not allow any visitor or guest to stay overnight for any period whatsoever. Without limiting the generality of the foregoing, Guest shall not allow any person to use or occupy the premises overnight for any period of time whatsoever when Guest is not physically staying overnight in the premises, whether or not Guest charges for such use or occupancy. Violation of this clause will be a substantial and material breach of this Lease and just cause for eviction.
8. PETS: No animal (including birds or other animals in cages or fish in aquariums) shall be kept, or permitted even as a visitor, on or about the premises without Owner's prior written consent.
9. USE: (a) The premises will be used solely as a residence. Guest may not have a home office from which Guest conducts any business from which he or she earns his or her primary income.
(b) The premises are free of common allergens. Guest should avoid using strong personal scents.
(c) Guest shall not disturb, annoy, endanger or interfere with neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises.
(d) Guest shall not install or use loudspeakers or other similar device, system, or apparatus which can be heard or experienced outside the premises without the prior written approval of Owner.
(e) Without limiting the generality of paragraph 9(c), Guest shall not make or permit any noise that will disturb any other residents in the building. Radios, televisions and other sound equipment that Guest is permitted to operate on the premises should never be operated to the disturbance of any other resident in the building. Special care must be exercised before 8:00 A.M. and after 10:00 P.M.
(f) Guest acknowledges that the common areas are for use by, and in close proximity to, Owner. Guest shall not, and shall ensure that his or her visitors and guests do not, disturb others, especially when using the common areas to enter and leave the premises. Guest shall not use the common areas for barbecues, parties or social gatherings.
(g) Guest shall not take bicycles, motor cycles or scooters or other vehicles into, or otherwise store any of them in the premises. Bicycles must be brought onto the property only through the passageway to Hayes Street and should be stored immediately outside the premises.
(h) Neither Guest nor any of his or her visitors and guests shall, at any time, smoke cigarettes or any other substance inside the premises or the common areas or elsewhere on the property. Guest will inform all visitors and guests of this prohibition and ensure that his or her guests comply with it. Breach of this clause is just cause for eviction.
(i) Growing, cultivation, sale, or use in any form, of marijuana, for any purpose on the premises and in the building is prohibited. Breach of this clause will also be a material breach of this Lease and just cause for eviction.
10. CONDITION: (a) Guest shall promptly advise Owner of any plumbing, electrical outlets or wiring, infestation, roof or window leaks, broken fittings or other conditions which should be repaired.
(b) Without Owner's prior consent, Guest shall not (i) alter the premises, including (A) painting, (B) redecorating, (C) refinishing floors, or (D) inserting nails in, or affixing anything to any walls, doors or other surfaces, (ii) apply adhesive paper to any cabinets, walls or doors, (iii) hang any planters or lighting fixtures from ceiling or walls, (iv) tack, nail or glue any coverings to floors or walls, (v) install any portable dishwashers, deep-freeze units, pianos, organs, outside antennae or new telephone or other wires for digital subscriber lines or other internet connections or services, (vi) leave any garbage cans, brooms, mops, cardboard boxes or similar articles outside of the premises, (viii) hang or affix any signs, advertisements, posters or similar displays on the exterior of the building or in the windows in the premises, (ix) hang any towels, rugs, clothing or other articles in or from the windows or outside of the premises, and (x) place plants, planters or plant boxes directly on floors or on carpets, or on window ledges. Even if Owner consents to any such alterations, Guest shall be responsible for all costs and expenses of restoring the premises to the condition in which they were received when Guest entered into possession.
11. SMOKE/CARBON MONOXIDE DEVICES: The premises are equipped with smoke detection and carbon monoxide detection devices. Guest shall not remove, disable, interfere or otherwise tamper with such devices and shall immediately notify Owner of any problems, maintenance or need for repairs.
12. MOLD: Owner (i) has inspected the premises prior to the date of this Lease and knows of no damp, wet building materials, mold or mildew contamination and (ii) notifies Guest that mold can grow if the premises are not properly maintained or ventilated. If moisture is allowed to accumulate in the premises, it can cause mildew and mold to grow. Guest shall (i) regularly allow air to circulate in the premises, (ii) keep the premises clean and free of dirt and debris that can harbor mold, (iii) promptly notify Owner or any leaks, water intrusion (such as plumbing leaks, drips or “sweating" pipes), overflows from bathroom and kitchen, moisture problems and/or mold growth on the surfaces inside the premises, (iv) close windows in the premises to prevent outdoor water from penetrating into the interior of the premises, (v) use exhaust fans in the kitchen when cooking and in the bathroom when showering or bathing, (vi) use the ceiling fan to promote circulation of air in the premises, (vii) clean and dry any visible moisture on windows, walls, and other surfaces as soon as reasonably practicable (and Guest acknowledges mold can grow on damp surfaces within 24 to 48 hours), (viii) remove excess furnishings, clothes and articles that, in Owner's opinion, may inhibit or otherwise restrict the free circulation of air within the premises or any area within the premises, such closets, or otherwise contribute to growth of mold, and (ix) indemnify and hold harmless Owner from any actions, claims, losses, damages and expenses (including attorney's fees) that Owner may sustain or incur as a result of Guest's or any of Guest's guests' negligence or breach of this section 11.
13. BEDBUGS: (a) No bedbugs have been reported in the building or on the property while Owner has been owner. To avoid bedbug infestation, Guest shall (i) check for hitch-hiking bedbugs if he or she has stayed or stays in a hotel or another home, by inspecting his or her clothing, luggage, shoes and belongings before entering the premises, (ii) inspect for bedbugs after any visitors or guests have stayed in the premises, (iii) remove clutter, (iv) avoid bringing into the premises and using appliances, electronics and furnishings that have not been thoroughly inspected for the presence of bedbugs, and (v) inspect trucks that will be used to transport or deliver such items to the premises.
(b) If any bedbug infestation occurs in the premises, Guest shall immediately (i) report such infestation to Owner, (ii) remove and seal in strong plastic bags, and transport to a laundry or dry cleaners outside the building, all clothing, (iii) empty dressers, nightstands and closets of all items and put all items in strong plastic bags, (iv) allow a pest control expert hired by Owner to remove all clothing, boxes, stored goods, upholstered furniture, box springs, mattresses and other items that have had any bed bugs infest them, (v) carry out directions given by Owner, after consultation with a pest control expert, and (vi) indemnify and hold harmless Owner from any actions, claims, losses, damages and expenses (including attorney's fees) that Owner may sustain or incur as a result of Guest or his or her guests bringing any bed bugs into the building or the premises, whether inadvertently, negligently or otherwise.
14. KEYS: (a) Owner will provide Guest with the following keys when Guest takes possession of the premises: (i) two keys to the locks to the door to the premises and (ii) two keys to the passageway door. Guest shall not copy any of these keys without the prior written consent of Owner. Guest acknowledges that the security of all occupants of the Property depends upon Guest's compliance with this covenant. If Guest copies or loses any key or consigns any key to any other person, Owner may replace the lock concerned at the cost and expense of Guest. All keys to the building and premises must be delivered to Owner when Guest vacates.
(b) Guest shall not change any lock, alarm or place any additional locking devices on the doors or windows.
(c) Guest shall (i) take care not to lock himself or herself out of the premises or building, (ii) attempt to contact Owner before hiring a locksmith if Guest locks himself or herself out, and (iii) reimburse Owner for all repairs reasonably required to repair damage caused by any locksmith hired by Guest to gain access to the premises.
15. EMERGENCIES: (a) If Guest becomes aware of any fire, smoke or suspected criminal activity involving any imminent harm in or around the building, Guest must dial 911 or immediately call the local fire, police or Emergency Medical authorities. Guest shall also contact Owner immediately after doing so.
16. MEGAN'S LAW: Pursuant to section 290.46 of the Penal Code, information about registered sex offenders is made available to the public via an Internet Web site maintained by the Department of (email hidden). Depending upon an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.
17. INSURANCE: (a) Owner's insurance does NOT provide coverage for Guest's personal belongings or personal liability unless as a direct and proximate result of Owner's negligence. Therefore, Owner strongly urges and recommends to Guest that each occupant secure sufficient insurance to protect against losses caused by casualty. Owner will NOT accept liability or responsibility for any losses not caused by its own proximate negligence. Guest assumes the risk of all damage to and loss of his or her personal property in the building and the premises.
18. LEAD DISCLOSURE: Many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint chips and dust can pose serious health hazards if not taken care of properly. The law requires that Guests and lessees receive certain information before renting pre-1978 housing. By agreeing to this Lease, Guest represents and agrees to obtain a copy of the EPA booklet entitled “Protect Your Family From Lead in Your Home," the “San Francisco Lead Hazard Notice for pre-1978 Dwellings," and “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards." The premises were built before 1978 and the exterior paint on the building may contain lead.
19.PROPOSITION 65 NOTICE.
The building in which the premises are located contains chemical know to the State of California to Cause Cancer and Birth Defects or Other Reproductive Harm.
20. INDEMNITY: Guest shall promptly indemnify and hold harmless Owner for all actions, claims, losses, damages, costs and expenses, including fees, charges and disbursements of contractors, consultants, advisors (including attorneys) and other experts Owner consults in connection with any (a) breach, reasonably suspected breach, whether or not disputed by Guest, of this Lease, (b) any request by Guest to deviate, whether or not lawfully permitted, from any term or condition of this Lease, (c) any negligence, gross negligence or willful misconduct or violation of law by Guest or any of Guest's guests, and (d) acts or omissions, including the use or occupancy of the premises or the building, by Guest or his or her guests.
21. ENTRY: Owner shall have the right to enter the premises pursuant to Civil Code section 1954. Upon not less than twenty-four (24) hours' notice, Guest shall make the premises available during normal business hours to Owner, his authorized agent or representative, for the purpose of entering the premises to (i) make necessary or agreed repairs, decorations, alterations or improvements, or supply necessary or agreed services; (ii) show the premises to prospective or actual purchasers, mortgagees, Guests, or contractors or (iii) to ascertain Guest's compliance with its obligations under this Lease. In an emergency, Owner, his authorized agent or representative and contractors may enter the premises, at any time, without prior permission from Guest. Emergency includes any condition which requires immediate repair or other attention.
22. ASSIGNMENT & SUBLETTINGS: GUEST SHALL NOT LET OR SUBLET ALL OR ANY PART OF THE PREMISES NOR ASSIGN THIS AGREEMENT OR ANY INTEREST IN IT. THIS OBLIGATION IS A STRICT AND ABSOLUTE PROHIBITION AGAINST SUBLETTING AND ASSIGNMENT AND MAY NOT BE WAIVED BY EITHER PARTY.
23. POSSESSION: If Guest abandons or vacates the premises, Owner may terminate this Lease and regain lawful possession.
24. COMMUNICATION: Guest will provide Owner with his or her telephone number at which he or she can be reached during the day, any mobile telephone he or she possesses or regularly uses, and Guest's email address. Guest shall notify Owner from time to time promptly following any change in or addition to any of the foregoing information. Any notice which Owner is permitted or required by law to give to Guest may be given by Owner to Guest at the email address provided by Guest or such other email address as Guest notifies Owner.
25. DISPUTES: The parties agree that any dispute (a) that arises from a breach of this Lease that shall be a ground for eviction under the San Francisco Rent Stabilization Ordinance shall be resolved in the Superior Court of the State of California, City and County of San Francisco, (b) any failure by Owner to refund the security deposit in accordance with this Lease and applicable law shall be resolved in the Small Claims Court, City and County of San Francisco, and (c) which Guest is entitled to have resolved by San Francisco Rent Board under the Rent Stabilization Ordinance shall be resolved by the San Francisco Rent Board. Except as set forth in the preceding sentence, any controversy, claim or dispute arising out of or relating to this Lease or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this sentence shall be submitted to mediation administered by ADR Services, Inc. in accordance with its mediation rules. Either party to this Lease may demand mediation at any time by serving a written demand in person or by mail to the opposing party with a copy of the demand and of this Lease to ADR Services, Inc. The parties agree that the mediation provisions of this Lease may be enforced in the same manner as an arbitration agreement, by petition to any court having jurisdiction for the appointment of a mediator in the same manner as a petition for the appointment of an arbitrator. Further, the parties agree the court may award attorney fees and costs to the prevailing party in any proceeding to enforce this mediation agreement. The fees and costs of the mediation shall, in the absence of an agreement to the contrary, be borne equally by both parties. The mediation process is to be considered a settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. The parties hereto agree that the provisions of California Evidence Code §§ 703.5 and 1115 et seq. shall apply to any mediation conducted hereunder. The entire procedure is confidential, and no stenographic or other official record shall be made except to memorialize a settlement record. All statements, admissions, writings, promises and offers made during the mediation by any party or a party's agent, employee, or attorney are confidential and, where appropriate, are to be considered work product and privileged. Likewise, all conduct, views and opinions, oral or written, made for the purpose of, in the course of, or pursuant to the mediation or mediation consultant by any person (including any party, party's agent, employee, attorney mediator or other nonparty) are to be considered confidential and privileged. Such conduct, statements, admissions, writings, promises, offers, views and opinions shall not be subject to discovery or be admissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence otherwise admissible or subject to discovery is not excluded from discovery or admission in (website hidden)'S FEES: In any action or proceeding arising out of this Lease, the prevailing party shall be entitled to reasonable attorney's fees and costs.
27. WAIVER: The waiver of any breach shall not be construed to be a continuing waiver of any subsequent breach.
28. NOTICE: Notice to Owner may be served upon Owner at the address at which the property on which the premises are located.
This Part II sets forth the terms and conditions on which Guest will occupy the premises if the tenancy becomes a month-to-month tenancy:
1. HOLDOVER TENANCY: Guest recognizes that Owner may book subsequent guests beginning on the day after the last day of the Initial Term notwithstanding any rights Guest may have under applicable law and regulation. Guest will indemnify Owner for all charges, costs, expenses and damages which Owner incurs as a result of Guest not vacating on the last day of the Initial Term. Unless otherwise agreed in writing between Owner and Guest, any holding over at the expiration of the Initial Term shall create a month-to-month tenancy solely between Owner and Guest, and Guest shall not have any further obligations to, nor have any rights under any contract with, the Platform. The terms of the month-to-month tenancy shall be this Lease and applicable law. If there is any conflict between Guest's rights or obligations under the contract between Guest and the Platform and this Lease, Guest shall comply with this Lease.
2. RENT: (a) Unless otherwise agreed in writing between Owner and Guest, any holding over at the expiration of this Lease shall create a month-to-month tenancy at a monthly rent of equal to the total rent and booking charges paid for the Initial Term divided by the number of days in the Initial Term multiplied times 30, payable in advance on the day following the Initial Term. All other terms and conditions herein shall remain in full force and effect.
(b) Guest shall also pay, as additional rent, each month: (i) all charges invoiced by Pacific Gas & Electric Company for the premises for the prior month and (ii) his or her pro rata share of all charges imposed by (A) San Francisco Public Utilities Commission (Water Department) for water, wastewater, sewage and related services, and (B) Sunset Scavenger and any successor thereto for garbage, recycling, composting and other services provided to Owner for the Property. Guest acknowledges that garbage, water, sewage and related services are not separately metered. Guest's pro rata share shall be calculated by multiplying the charges stated on an invoice received from the applicable supplier by a fraction the numerator of which shall be the number of occupants in the premises and the denominator of which shall be, in the case of water and sewage charges, the number of occupants in all units in the building and, in the case of garbage charges, the number of units in the building.
(c) Either party may terminate this Lease by giving the other at least thirty (30) days' prior written notice. If this Lease is terminated, the entire premises must be vacated by the last day of the term.
(d) (i) Owner may increase the rent by giving Guest at least thirty (30) days' prior written notice of the new rent; (ii) Owner may “pass through" to Guest all charges as permitted by the San Francisco Rent Stabilization Ordinance and the rules and regulations promulgated thereunder; (iii) if the holding over occurs on any day other than the first day of the month, Guest shall pay rent prorated for the remainder of that calendar month and the entire following calendar month in advance on the first day of the month to month tenancy; (iv) thereafter Guest shall pay the rent for each month no later than he first day of each month; and (v) Guest acknowledges that payment of rent after the due date on more than two occasions in any 12-month period shall constitute habitual late payment of rent and grounds for eviction. Late payment of rent may be combined with payment by a dishonored check for the purpose of determining that Guest is habitually late in payment of rent.
(e) THERE IS NO GRACE PERIOD FOR PAYMENT OF RENT. TENANT MUST PAY RENT BY 5 P.M. SAN FRANCISCO TIME ON THE FIRST DAY OF EACH MONTH. Guest acknowledges that as the late payment of rent may cause Owner to incur costs and expenses, the timely payment of rent is of the essence of this Lease. Guest further agrees that the exact amount of such costs is extremely difficult and impractical to fix. Such costs may include, but are not limited to, processing and accounting expenses, late charges that may be imposed on Owner by terms of any loan secured by the property, costs for additional attempts to collect rent, and preparation of notices. Therefore, if any installment of rent due from Guest is not received by Owner on the date due (the first day of the month-to-month tenancy or the first day of the month), Guest shall pay to Owner an additional sum of the higher of (x) $75 or 5% of the monthly rent as a late charge, which shall be deemed additional rent. Guest agrees that this late charge represents a fair and reasonable estimate of the costs that Owner may incur by reason of any late payment by Guest. Acceptance of any late charge shall not constitute a waiver of Guest's default with respect to the past due amount, or prevent Owner from exercising any other rights and remedies under this Lease, and as provided by law.
(f) Guest acknowledges that (i) payment of the late charge described in paragraph 2(e) does not permit Guest to pay rent after the due date and Owner may serve a 3-day Notice to Pay Rent or Quit on the day after the due date and (ii) payment of rent later than three (3) days after the due date on more than three (3) separate occasions in any twelve-month period shall constitute habitual late payment and just cause for eviction.
3. PAYMENT TO OWNER: (a) Guest shall pay the rent in person to Owner by delivery of a check made payable to Owner at the address of the Property. A check is delivered only when it is actually received. Guest shall not pay any rent due under this Lease to the Platform. Guest shall not pay any amount of this rent to the Platform.
(b) Guest agrees that if any such check is returned to Owner by his bank for insufficient funds, (i) Guest will reimburse Owner for bank charges and other costs incurred by Owner, and (ii) Owner may require that Guest thereafter pay in cash or by money order.
(c) No third-party checks will be accepted, nor shall Owner be liable to Guest in any way for refusing any third-party check. Owner's acceptance of a third-party check on any one occasion shall not waive this clause.
(d) Guest acknowledges, and is hereby notified pursuant to Civil Code section 1785.26 that a negative credit report reflecting on his or her credit record may be submitted to a credit reporting agency if Guest fails to fulfill the terms of his or her credit obligations, such as the financial obligations under this Lease.
(d) Guest acknowledges that payment with dishonored checks more than twice in any 12-month period will constitute habitual late payment of rent and grounds for eviction.
4. SECURITY DEPOSIT: (a) If this Lease becomes a month-to-month tenancy, Guest shall increase the security deposit to $6,500 by delivering a check or money order to Owner on the first day on which this Lease becomes a month-to-month tenancy. Guest shall not pay any portion of this increased security deposit to the Platform. If such deposit is not paid or the check for such security deposit is returned to Owner, Owner may terminate this Lease by notice to Guest and refund any rent receive from Guest. Owner and Guest shall have no further rights or obligations hereunder if Owner terminates this Lease pursuant to the preceding sentence. THIS SECURITY DEPOSIT MAY NOT BE USED FOR PAYMENT OF ANY RENT, INCLUDING THE LAST MONTH'S RENT.
(b) Owner may use the security deposit and any interest thereon to which Guest is entitled under applicable law for such amounts as are reasonably necessary to remedy Guest's default in the payment of rent, to repair damages caused by Guest, or by a guest or a licensee of Guest, to clean the premises, if necessary, upon termination of tenancy, and to replace or return personal property or appurtenances, exclusive of ordinary wear and tear. Ordinary wear and tear does not include, among other things, missing or burned-out light bulbs, or stickers, scratches, burns or holes on any walls, doors, floors, window treatments, carpets or furniture.
(c) If used toward rent or damage during the term of tenancy or reserved for damage for which Guest is responsible but cannot be repaired while Guest remains in possession, Guest agrees to reinstate or increase said total security deposit upon five (5) days' written notice delivered to Guest in person or by mail.
(d) Owner may require Guest to increase the amount of the security deposit from time to time upon notice to Guest. Owner, however, may not require such increase more than once each year and such increase may not exceed an amount equal to three times the monthly rent increase in the year of such increase.
(f) Following Guest's giving notice of his or her intent to vacate, Guest will agree a date on which Guest and Owner will inspect the premises for visible damage to the premises for which Guest is liable.
(h) Within the period allowed by law, Owner shall furnish Guest with an itemized written statement of the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to Guest. Owner's obligation in the preceding sentence shall be conditional upon (i) Owner's receiving from Guest a bona fide mailing address at which Guest may be located and served with any process, following termination of this Lease and (ii) Owner's having been able to determine and have repaired all defects for which Guest is responsible. If Owner is unable to so determine or repair such defects, Owner shall retain all or such portion of the security deposit as Owner deems reasonably necessary to complete repairs until such repairs are completed, at which time Owner shall comply with the first sentence of this paragraph 5(h).
(i) Receipt of the security deposit does not create a trust relationship, and Owner may comingle the security deposit with other funds of Owner.
5. UTILITIES: (a) Without Owner's prior written consent, Guest shall not install or arrange for the installation of any utility service.
(b) Owner is not liable for any interruption, outage or fluctuation of any utility or resulting damages or losses caused by the suppliers of utilities. Guest releases Owner and waives all claims against Owner arising from or relating to outages, interruptions or fluctuations.
(c) In the case of water consumption, Owner may, where such consumption varies from historical use, use his records of water consumption at the Property to reasonably estimate the extent to which the total water consumption at the Property for all units has increased since Guest began to occupy the premises, assuming no change in water consumption by Owner. In addition, where Owner identifies excess water consumption due to a leaking or dripping water faucet or running toilet in the premises that Guest has failed to report to Owner, Guest will pay all charges imposed by San Francisco Public Utilities Commission for such excess water. Guest further acknowledges that Guest's pro rata share may be more or less than Guest's actual water consumption and use of sewage services, and Owner shall have no obligation to investigate or determine the extent to which Guest's pro rata share of the Water Department charges correspond to the actual consumption and usage of Guest or any other Guest or occupant in the building.
(d) Guest also acknowledges that (i) San Francisco Water Department has, from time to time, imposed (A) quotas on the consumption of water by users in San Francisco and (B) surcharges on users who exceed their quotas, (ii) the water consumption for the premises is not measured separately from the other units located at the Property, and (iii) it would be difficult for Owner to measure the exact consumption of water at the premises. Guest agrees that if the San Francisco Water Department (or any successor utility) imposes quotas or other limits on the use of water at the Property, (i) Guest shall cooperate in reducing his or her consumption so that the aggregate use of all residents at the Property comply with any such quotas or limits, (ii) in the event any surcharge is imposed on Owner as a result of excess consumption of water at the Property, Owner may use his records of water consumption at the Property to reasonably estimate the extent to which the excess water consumption is the result of Guest's failure to cooperate as set forth in the preceding clause (i), and (iii) Guest shall pay as additional rent any such surcharges or portion thereof as Owner determines pursuant to preceding clause (ii).
(e) Guest shall, following receipt of a statement from Owner of his or her pro rata share of charges imposed by San Francisco Public Utilities Commission or his or her share of surcharges for a relevant period, add the amount for which Guest is responsible to the next monthly rent payment. A statement provided by Owner concerning Guest's pro rata share of the water consumption at the premises or responsibility for surcharges shall be conclusive, absent manifest error.
6. USE: (a) Guest may not use the premises for hotel, daily or short-term usage, whatever local law allows. Guest shall not advertise or list the premises on an internet site for any short-term use shall be a material breach of this Lease and just cause for eviction. Any visitor or guest whose stay is conditioned upon payment of consideration, whether in kind or money, will also be a material breach of this Lease and just cause for eviction.
(b) Guest is responsible for all fines and other costs occasioned by Guest or Guest's visitors or guests on the premises or in the building, whether such fines or costs are levied against Guest or Owner or its agents.
(c) Guest shall be conclusively in breach of this Lease and grounds for a notice to vacate and eviction under section 37.9 of the San Francisco Rent Stabilization Ordinance if Owner receives, during a nine-month period, three or more substantiated complaints from any resident or different residents in the building that noise from the premises interferes with the comfort, safety or enjoyment of such residents.
7. MAINTENANCE: (a) Guest shall properly use and operate all furniture, furnishings and appliances, electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits. Excluding ordinary wear and tear, Guest shall notify Owner and pay for all repairs or replacements caused by Guest or Guest's visitors or guests' negligence or misuse. Guest shall not commit waste or use the premises for any purpose prohibited under federal, state or local law.
(b) Owner may, from time to time, make repairs, alterations and improvements in and to the building and the premises and will endeavor to minimize any noise or other interference with Guest's use and occupancy of the building and premises; however, unless Owner causes Guest to suffer the loss of the use of a material portion of the premises for more than three days or Guest is unable to occupy the premises for more than one day, Guest shall have no claim for any rent reduction, abatement or refund as a result of any repairs, alterations or improvements carried out by Owner in the building or premises.
(b) All light fixtures installed on the premises have working light bulbs. Guest will replace all light bulbs at his or her own expense after the expiration of the Initial Term.
8. PERFORMANCE BY OWNER: Guest agrees that (i) Owner shall have the right (but not the obligation) to perform any agreement for which Guest is responsible under this Lease but which Guest fails to perform and (ii) if Owner performs any such agreement, Guest shall reimburse Owner for any costs and expenses incurred by Owner in doing so. Owner may charge Guest $50 per hour for Owner's or his immediate family's time in connection with such performance.