Terms of Use

Agreement between User/Tenant and Urbana - Leasing Begins 4th Quarter 2019'

Welcome to Urbana. The urbanachulavista.com website is comprised of various web pages operated by Urbana and MountainWest Properties. Urbana is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Urbana constitutes your agreement to such Terms. Please read these terms carefully, and keep a copy for your reference. 

UrbanaChulaVista is a Leasing, Subscription, and Blog Site. These Terms of Use are subject to change and have been updated most recently updated in August, 2018.


Privacy
Your use of Urbana is subject to MountainWest Properties's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting Urbana or sending emails to Urbana constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use the site, your are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Urbana is not responsible for third party access to your account that results from theft or misappropriation of your account. Urbana and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Links to Third Party Sites / Third Party Services
Urbana may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Urbana and MountainWest Properties and Urbana and MountainWest Properties is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Urbana is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Urbana of any site or any association with its operators.

No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Urbana strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Urbana that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Urbana or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Urbana content is not for resale. Your use of the Site does not entitle you to make unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Urbana or MountainWest Properties and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Urbana or our licensors except as expressly authorized by these Terms.

A lease or rental agreement sets out the rules landlords and tenants agree to follow in their rental relationship. It is a legal contract, as well as an immensely practical document full of crucial business details, such as how long the tenant can occupy the property and the amount of rent due each month. Whether the lease or rental agreement is as short as one page or longer than five, typed or handwritten, it needs to cover the basic terms of the tenancy.

RENTAL TERMS 

Names of all Tenants
Every adult who lives in the rental unit, including both members of a married or unmarried couple, should be named as tenants and sign the lease or rental agreement. Tenants are legally responsible for all terms, including the full amount of the rent and the proper use of the property. Urbana can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay; and if one tenant violates an important term of the tenancy, Urbana can terminate the tenancy for all tenants on that lease or rental agreement.

Limits on Occupancy
The rental unit is the residence of only the tenants who have signed the lease and their minor children. Urbana will determine who lives in the property -- ideally, tentants who are screened and approved - and there is a limit the number of occupants. The tenant has no right to allow a friend or relative, or to sublets the unit, without knowledge of Urbana and written permission.

Term of the Tenancy
Every rental agreement will state a fixed-term lease. Rental agreements usually run from month-to-month and self-renew unless terminated by the landlord or tenant. Leases, typically last a year. Flexibility will depend and will be arranged in your arrangement at time of Lease document signatures.

Rent
Your lease or rental agreement will specify the amount of rent, when it is due (typically, the first of the month), and how it's to be paid, such as by mail to your office. To avoid confusion and head off disputes with tenants, spell out details such as:

  • acceptable payment methods (such as personal check only)
  • whether late fees will be due if rent is not paid on time, the amount of the fee, and whether there's any grace period
  • any charges if a rent check bounces

Deposits and Fees
Use and return of deposits, including:

  • the dollar amount of the security deposit (state laws setting maximum amounts)
  • use of the deposit (for example, for damage repair) tenant may not use deposit (to apply to last month's rent)
  • return of the deposit and account for deductions after the tenant moves out
  • any legal nonrefundable fees, such as for cleaning or pets

Repairs and Maintenance
It is the tenant's responsibilities for repair and maintenance in your lease or rental agreement, including:

  • the tenant's responsibility to keep the rental premises clean and sanitary and to pay for any damage caused by his or her abuse or neglect
  • a requirement that the tenant alert Urbana to defective or dangerous conditions in the rental property, with specific details on procedures for handling complaint and repair requests
  • restrictions on tenant repairs and alterations, such as adding a built-in dishwasher, installing a burglar alarm system, or painting walls without Urbana's permission

Entry to Rental Property
To avoid tenant claims of illegal entry or violation of privacy rights, your lease or rental agreement should clarify your legal right of access to the property -- for example, to make repairs -- and state how much advance notice you will provide the tenant before entering.

Restrictions on Tenant Illegal Activity
Explicit lease or rental agreement clause prohibiting disruptive behavior, such as excessive noise, and illegal activity, such as drug dealing.

Pets
Urbana does allow pets, special restrictions, such as a limit on the size, type, or number of pets or a requirement that the tenant will keep the yard free of all animal waste and proper waste disposal.

Other Restrictions
Rent control ordinances, health and safety codes, occupancy rules, and antidiscrimination laws. State laws, setting security deposit limits, notice requirements for entering rental property, tenants' rights to sublet or bring in additional roommates, rules for changing or ending a tenancy, and specific disclosure requirements such as past flooding in the rental unit. Any other legal restrictions, such as limits on the type of business a tenant may run from home, should also be spelled out in the lease or rental agreement. Your are responsible to review all important rules and regulations regarding covering parking and use of common areas is specifically mentioned in the lease or rental agreement.


CONFIDENTIAL COMMUNICATION
IN EMAIL MESSAGES AND ANY ASSOCIATED FILES TRANSMITTED WITH IT ARE CONFIDENTIAL AND INTENDED SOLELY FOR THE USE AND VIEW OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION OF THIS COMMUNICATION IS STRICTLY PROHIBITED. DO NOT DISSEMINATE, DISTRIBUTE, COPY OR ALTER THIS EMAIL. PLEASE NOTIFY URBANA OR MOUNTAINWEST PROPERTIES BY TELEPHONE AT (619) 422.1493, YOU WILL BE REIMBURSED FOR ANY REASONABLE COSTS. PLEASE RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE US POSTAL SERVICE.

WARNING: URBANA & MOUNTAINWEST PROPERTIES HAS TAKEN REASONABLE PRECAUTIONS TO ENSURE NO VIRUSES ARE PRESENT IN EMAILS. THE COMPANY CANNOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF EMAILS, COMMUNICATION OR ATTACHMENTS.

MountainWest Real Estate, Inc. is a licensed Real Estate Broker in the state of California. License #01479853, #00851233