- TERM AND CANCELLATION
- Check-in time is between 3 and 8 pm. Later arrivals will be accommodated with prior notice. Check-out time is 11 am. Regretfully, early arrivals and late departures cannot be accepted. Upon Checkout, Tenant is responsible for closing all windows and locking all doors. There is a $10 fee for any lost duplicable keys; $50 for non-duplicable keys.
- The maximum number of adult guests allowed is 6. For purposes of this Agreement, any child over the age of four (4) years is considered an adult. Tenant may not sublet the Premises or assign this Agreement without the written consent of Landlord.
- Tenant shall deliver possession of the Premises, in good order and repair, to Landlord upon termination or expiration of this Agreement.
- Cancellation - All cancellations are subject to a Cancellation fee. Cancellation fee amount depends on the rental term. ALL CANCELLATIONS MUST BE SUBMITTED TO THE LANDLORD IN WRITING. The Cancellation may be submitted to us via fax or email. Our fax number is 408-265-4275 and our email address is: Info@SanJoseExecutiveHousing.com.
- If Tenant initiates a Cancellation, no refund of rent paid will be made until the Premises, for that rental period, is re-rented and confirmed. If the rental period is re-rented at the same rate as the Tenant’s original Agreement, then all rent and security deposit monies paid by Tenant will be refunded, less a $100-$250 Cancellation fee, depending on rental length and size. However, if the re-rental rate is made at a lower rate than the original Tenant agreed to, the refunded amount will be the difference between the original rental rate and the new rental rate. Landlord will make every good faith effort to re-rent the Premises at the original rental rate. If Tenant has purchased Trip Insurance from Landlord, the fee paid is non-refundable. Landlord shall provide the following utilities during the term of this Agreement: gas, water, Internet service, extended basic cable television service and electricity. No local or long distance telephone service is available or supplied.
- Landlord provides the following: Paper towels, trash bags, dishwashing detergent, bath soap, shampoo, and toilet paper are provided for the maximum occupancy number. One set of towels per person is provided. Each bed comes with a clean set of sheets and pillowcases. Pool towels are available upon request.
- The rental of the Premises also includes the optional areas such as the two-car garage and storage area located above the 2nd level.
- RENT & SECURITY DEPOSIT
- The Tenant agrees to pay a security deposit, in advance, for rental of the Premises. Payment of rent is required at the time of signing this Agreement, but no later than forty-eight (48) hours after this Agreement is signed. Any taxes are subject to change and will be collected, if required, in accordance with all State, Federal and local laws and regulations. Rent payments may be made through Paypal or by Tenant’s credit card.
- Security Deposit – Tenant shall pay a security deposit, as determined by Landlord. The deposit shall be within one (1) day of this Agreement and the rental payment, but in a separate Paypal or credit card charge. The deposit is required to secure Tenant’s faithful performance of the terms of this Agreement. Landlord will keep Tenant’s Paypal and credit card information on file and Tenant authorizes Landlord to charge Tenant’s Paypal Account or credit card for additional charges for unreturned keys, loss or damage to the premises, if number of guests exceeds that which is listed in this Agreement, excessive cleaning/laundry or rearranging furniture that has been moved, replacement of missing items from the premises, including towels; soiling of towels, linens, and loss or damage to remote controls, misuse of items within the premises, costs of cleaning beyond the normal cleaning fee, if applicable, or other amounts owed pursuant to this Agreement or pursuant to Civil Code Section 1950.5.
- Tenant agrees to leave the Premises so that no extraordinary housekeeping will be required after departure. Tenant agrees to be liable for any damage to the premises due to willful or inadvertent negligence or unauthorized extension of this Agreement term. Tenant agrees that additional charges and damages may be charged to Tenant's credit card. A minimum Housekeeping fee is deducted from Tenant's Security Deposit upon departure.
- Security Deposit refund will be refunded within time specified in renal agreement after Tenant vacates the Premises. Landlord shall furnish Tenant a written statement indicating any amounts deducted from the security deposit for damages or for any damages in excess of the deposit. Tenant is required to provide a forwarding address to Landlord for security deposit refund and written statement.
- The unit is furnished with dishes, flatware, pots and pans, all linens, washer/dryer, coffee makers, toaster and/or toaster oven. All rentals include swimming pool privileges. Tenant shall not install or use any washer, dryer, dishwasher or electric/gas heater that was not already furnished on the Premises. Tenant must be in full compliance with Civil Code Section 1940.5. Upon entering the Premises, Tenant shall verify the list of items provided in the room and confirm by initialing the Inventory Form furnished by Landlord. While checking out, if any manual or guide is found missing from the Premises, Tenant agrees to be charged $25 per manual/guide. All other items damaged during Tenant’s occupancy shall be charged to Tenant at replacement cost.
- Nothing herein shall limit any direct charges to Tenant for any added services provided by Landlord, including but not limited to, trip insurance, long distance phone services, administrative and maintenance fees, etc. Concierge, Errand and Housekeeping services may be available by request and will incur additional fees at the time such services are provided.
- RELEASE OF LIABILITY, DISCLAIMER & INDEMNIFICATION
- The Landlord shall not be liable for damage to Tenant's property of any type, for any reason or cause whatsoever. Tenant agrees to indemnify and save and hold harmless the Landlord from any loss, liability, damage or cost(s) incurred due to no fault of the Landlord.
- If the Premises become uninhabitable by reason of fire, noise, explosion, earthquake or other casualty, Landlord may, at its option, terminate this Agreement or repair damages.
- Tenant releases Landlord from liability for and agrees to indemnify the Landlord against losses, incurred by the Landlord as a result of:
- Tenant's failure to fulfill any condition of this Agreement;
- any damage or injury happening in or about the Premises to Tenant's invitees or licensees or such person's property;
- Tenant's failure to comply with any requirements imposed by any governmental authority; and
- any judgment, lien or other encumbrance filed against Tenant as a result of Tenant's actions or inactions.
- Landlord will not be liable for interruption of any services, such as electricity, water, or gas that is beyond Landlord’s control. Tenant shall promptly notify Landlord of any service interruptions. Tenant agrees that this Agreement may not be terminated because of service interruptions beyond the Landlord’s control.
- TENANTS, FOR THEMSELVES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, HEREBY RELEASE SAN JOSE EXECUTIVE HOUSING AND THEIR RESPECTIVE DIRECTORS, THE OWNER OF THE PROPERTY, OFFICERS, AGENTS, EMPLOYEES, SURETIES, INSURERS, INDEMNITORS, ATTORNEYS, SUCCESSORS AND ASSIGNS, FROM ALL CLAIMS, DEMANDS OR CAUSE OR THING WHATSOEVER RESULTING FROM, OR IN CONNECTION WITH, THE PREMISES OF THIS RENTAL CONTRACT, INCLUDING WITHOUT LIMITATION, ANY CLAIM, DEMAND OR CAUSE OF ACTION FOR PERSONAL INJURY OR DEATH AND ANY AND ALL LOSS, LIABILITY, COST AND/OR EXPENSE RESULTING FROM ANY CLAIM, DEMAND, LAWSUIT OR CAUSE OF ACTION WHICH MAY BE ASSERTED.
- TENANT ACKNOWLEDGES A WAIVER OF LIABILITY for pool or Jacuzzi (hereinafter “special feature”), if so equipped. The Tenant understands and agrees that there are special risks that may arise when using the special feature. In particular, but without limitation, Tenant understands and agrees that there are potential risks that the special features may present dangers to children who are not carefully supervised, as well as the danger to any person using the special features for a long period of time, or if a person has health problems, or if a person uses the special feature while intoxicated or using any kind of drugs or medication, or uses the special feature if pregnant. The Tenant agrees to explain the risks of using the special feature to any guests Tenant may have on or in the Premises and to be fully and solely responsible for any injuries such guests may incur. Tenant understands the risks discussed above and agrees to assume all responsibility for injuries to self or guests and to save Landlord harmless from any liability for such injuries. Tenant also understands and agrees to be responsible and liable for any damages that occur to the special features or its support equipment, through Tenant’s or guest’s misuse and/or negligence.
- In the event Landlord is unable to make the Premises available to Tenant for any reason other than described herein or to provide a reasonable substitute, as determined by Landlord, Tenant agrees that Landlord’s sole liability is to provide a refund of all rent and security deposit monies paid under this Agreement. Tenant expressly acknowledges that in no event shall Landlord be held liable for any special or consequential damages that result from this unavailability, even if Landlord was advised of such possibility.
- ADDITIONAL TENANT RESPONSIBILITIES
- Tenant agrees to use the Premises as a living environment; Tenant agrees not to host any event, wedding, party or other gathering that exceeds the maximum occupancy stated in paragraph I (B), above, without prior written approval by Landlord. A violation of this section may result in significant additional charges and forfeiture of the security deposit. Landlord, in its discretion, may ask Tenant to immediately vacate the Premises. Tenant agrees to notify Landlord if Tenant will be away from the Premises for 48 hours or more.
- Furniture is not to be moved within or from the Premises. No animals/pets are allowed in the Premises or on the property. Smoking is not allowed on the Premises. Shoes shall not be worn on the carpeted or wooden floor within the Premises. On the second floor if Tenant is renting the Livorno and/or Cortona rooms, Tenant agrees to carry all luggage, rather than rolling luggage on floor. Rolling luggage over the floor may seriously damage the softwood. Tenants are advised to carry their luggage to the designated area in their closet. Tenant agrees to be responsible for any floor damage as a result of improper handling of luggage.
- Tenant acknowledges that the Premises are subject to a Declaration of Covenants, Conditions and Restrictions and Association Rules and Regulations. Copies of these documents containing all the declarations, rules and regulations are supplied with this Agreement and form a part of this Agreement. Tenant shall comply with all the requirements therein, as if they were fully rewritten here. Tenant agrees to reimburse Landlord for any fines or charges levied against Landlord for Tenant’s failure to comply with these requirements.
- Quiet hours are 10.00 pm to 9.00 am. Please respect the noise levels on the property. Tenant agrees that any alcohol consumption shall remain within the Premises. Tenant further agrees not to consume any alcoholic beverages in the pool area or in any other Common Area (as defined in the attached Association Rules and Regulations) of the property, outside of the indoor Premises.
- Landlord or its agents shall have the right of access to Premises for repair and maintenance during reasonable hours, including after 10 am on the day of departure and until 6 pm on the day of arrival. Landlord agrees to provide a 24-hour notice in order to show the Premises to potential renters. In the event of an emergency, Landlord or its agents may enter at any time to protect life and prevent damage to the Premises. Landlord also has the right to enter the Premises pursuant to Civil Code Section 1954.
- Tenants shall bag and leave any garbage in the Premises upon check out. Tenant agrees that no firearms, flammable or explosive items, or fireworks, are permitted on any area of the property where the Premises are located. Fireworks are not permitted anywhere within the Tuscany Hill property.
- Tenant shall not make any alterations to the Premises, including but not limited to, installing aerials/antennas, lighting fixtures or other items without first obtaining written permission from Landlord. Tenant shall not change or install locks, paint or wallpaper on the Premises without Landlord’s prior written permission. Tenant shall not place placards, signs or other addendums in a window or any other place on the Premises where they can be viewed by other residents or by the general public. Tenant shall not operate a business on the Premises.
- Tenant agrees that rental of the Premises shall comply with State, County, and Municipal laws and ordinances. Tenant shall not use the Premises or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other area residents’ quiet enjoyment of their residence. Any misuse described above shall result in termination of this Agreement and no refund of any rent payments will be issued.
- Tenant agrees to maintain control over all guests, including minors and to prevent intrusion into any areas outside of the indoor living area or deck, the pool, parking, walkway to the Premises, or the Common Areas of the Tuscany Hill property.
- Within the meaning of Civil Code Section 1951.2, it shall be deemed a reasonable belief by Landlord that an abandonment of the premises has occurred where rent has been unpaid for fourteen (14) consecutive days and the Tenant has been absent from the Premises for fourteen (14) consecutive days. In such event, Landlord may serve written notice, pursuant to Civil Code Section 1951.2. If Tenant does not comply with the requirements of said notice within eighteen (18) days, the Premises shall be deemed abandoned.
- If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law and without becoming liable to Tenant for damages or for any payment of any kind whatsoever.
- Landlord may, at Landlord's discretion, as agent for Tenant, re-rent the Premises, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re-letting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term and the net rent realized by Landlord by means of such re-letting. If Landlord's right of re-entry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.
- DESCRIPTIVE HEADINGS
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents thereof.
- SUCCESSORS AND ASSIGNS
All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and respective heirs, if any, successors, and assigns.
- CHOICE OF LAW
The laws of the State of California shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. Tenant agrees that any claim against Landlord shall be brought in a court of competent jurisdiction in Santa Clara County, California.
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
- MODIFICATIONS OR AMENDMENTS
No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
- UNENFORCEIBILITY OF PROVISIONS
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
- XIII. CONSTRUCTION
The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
- ERRORS AND OMISSIONS
Landlord has put forth every effort to ensure that the information on SanJoseExecutiveHousing.com, PMIExecutiveHousing.com, brochures, presentation materials, ads, listings, bed arrangements and equipment, or changes in prices, are accurate. However, we cannot be held responsible for unintended errors or omissions. The Premises that is the subject of this Agreement, is privately owned and changes may have been made to some of the Premises or their contents subsequent to the publishing of the web pages. Tenants understand and agree that the functionality of amenities managed by homeowners associations is out of the direct control of Landlord. Rental rates are subject to change without notice.
Any notice to Tenant/Landlord required or permitted under this Agreement or under State Law shall be deemed sufficiently given or served if sent by United States Post Office certified mail, return receipt requested, addressed to the Tenant/Landlord, at the address furnished in this Agreement or upon personal delivery to the Premises whether or not Tenant is actually present at the time of said delivery.