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TODD ROTHBARD #67351
LAW OFFICE OF TODD ROTHBARD
100 Saratoga Avenue, Suite 200
Santa Clara, CA 95051
Tel: (408) 244-4200
Fax: (40) 244-4267
Attorneys for Plaintiff
SUPERIOR COURT FOR THE SANTA CLARA JUDICIAL DISTRICT
LIMITED CIVIL JURISDICTION
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA
171 W. JULIAN STREET APARTMENTS
INVESTORS LLC, NO.
Plaintiff,
COMPLAINT FOR
vs.
UNLAWFUL DETAINER
PATRICIA GARBUJO, ANDERSON GARBUJO,
IEDA GARBUJO, DOES | through V, inclusive
*Total damages sought
OVER $25,000.00
Defendant
Plaintiff alleges:
|
At all times herein mentioned, plaintiff was, and now is, a limited liability
company licensed to do business in the State of California and doing business in the
above entitled County and Judicial District.
ll
The real property owned by plaintiff, possession of which is sought in this
action, is situated at 171 West Julian Street, Unit #319, San Jose, California 95110 in
the above named County and Judicial District.
Ul
The true names of defendant(s) named herein as DOES | through V, inclusive,
are unknown to plaintiff who therefore sues said defendant(s) by fictitious names and
prays leave to amend this complaint to show the true names as they become known.
COMPLAINT FOR UNLAWFUL DETAINER
4
IV
On or about December 15, 2022, plaintiff leased to defendant(s) the above
described premises on a fifteen month basis pursuant to a written rental agreement. A
copy of said agreement has been attached hereto, marked “EXHIBIT A”, incorporated
by reference herein, and made part hereof.
Vv
By terms of said agreement, said defendant(s) were required to pay to plaintiff
the sum of $2,978.00 each month as and for the rental of said premises; said sum
becomes payable in full as of the fourth day of each month.
10 vi
11 Defendant(s) are behind in the payment of rent: $23,079.50 being the total rent
12 due and unpaid as of August 31, 2023.
13 Vil
14 On August 18, 2023, plaintiff caused to be served on defendant(s) a written
15 notice stating the amount of rent due and requiring defendant(s) to pay the whole
16 thereof or deliver up possession of the premises within the three days after service of
17 the notice. A copy of said notice and a declaration of service of said notice are
18 attached hereto, marked “EXHIBIT B”, and made a part hereof. Plaintiff has complied
19 with all requirements of the Tenant Protection Ordinance, San Jose Municipal Code
20 Chapter 17.23, and / or is not applicable. Further information regarding rent and
21 eviction control is included in the notice that is attached hereto as Exhibit B and is
22 incorporated herein by reference.
23 Vill
24 More than three days have elapsed since the service of said notice, but no part
25 of said rent has been paid. Defendant(s) remain(s) in possession of said premises
26 without plaintiffs consent, plaintiff is entitled to possession of said premises. By virtue
27 of the provisions of code of Civil Procedure Section 1161(2), there is an unlawful
28 detainer of the premises.
COMPLAINT FOR UNLAWFUL DETAINER
2
IX
The reasonable rental value of said premises is the sum of $99.26 per day, and
damages to plaintiff caused by defendant’s unlawful detainer will accrue at said rate
from September 4, 2023 and will continue to accrue at said rate as long as
defendant(s) remain in possession.
Xx
Said agreement provided for the payment of attorney's fees, costs, etc. to the
prevailing party in the event of litigation to enforce its terms. Plaintiff has been
compelled to commence litigation and hence is entitled to recover the sum of $800.00
10 as attorney's fees or such larger sum as may prove justified pending proof at time of
11 trial or hearing herein.
12
13 WHEREFORE: plaintiff prays judgment as follows:
14 1 For restitution of possession of said premises.
15 2 For unpaid rent in the total sum of $23,079.50.
16 3 For damages at the rate of $99.26 per day from September 4, 2023, for
17 each day defendant(s) continue in possession of said premises.
18 For attorney's fees of at least $800.00.
19 For costs herein, and for such other and further relief as to the Court may
20 seem just.
21
22 DATED December 27, 2023
23 TODD ROTHBARD
LAW OFFICES OF TODD ROTHBARD
24
Attorney for Plaintiff
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COMPLAINT FOR UNLAWFUL DETAINER
3
VERIFICATION
|, TODD ROTHBARD, hereby declare:
| am the attorney for the plaintiff in the above entitled action, and as such make
this VERIFICATION for and on behalf of said plaintiff.
| have read the foregoing COMPLAINT FOR UNLAWFUL DETAINER and
know the contents thereof, and, based on information and belief, | believe said
contents to be true and correct.
The reason that the foregoing COMPLAINT is verified by me and not by a
representative of the plaintiff is that such representative is absent from the county
10 where | have my office.
11 | declare, under penalty of perjury, that the foregoing is true and correct, and
12 that this VERIFICATION is executed on December 27, 2023 at Santa Clara, Santa
13 Clara County, California.
14
15
16
17 TODD ROTHBARD
LAW OFFICES OF TODD ROTHBARD
18 Attorney for Plaintiff
19
20
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COMPLAINT FOR UNLAWFUL DETAINER
4
EXHIBIT A
LEASE CONTRACT
I
tl il | UII,
ili
ATOR APARIENT
Date of Lease Contract: December 6, 2022 This is a binding document.
(when the Lease Contract is filled out) Read carefully before signing.
Moving In — General Information
1. PARTIES. This Lease Contract (sometimes referred No one else may occupy the dwelling. Persons not
to as the “lease”) is between you, the resident(s) (list listed above must not stay in the dwelling for more
all people signing the Lease Contract): than 14 consecutive days without our prior
Anderson Garbujo Ieda Garbujo written consent, and no more than twice that many
Patricia Garbujo days in any one month. If the previous space isn’t
filled in, two days per month is the limit.
3. LEASE TERM. The initial term of the Lease Contract
begins on the_15th _ day of. December
2022 and ends at 11:59 p.m. the_14th day
of, March 2024
This lease contract will automatically renew month-
to-month unless (1) either party gives at least
30 days written notice of termination,
(2) Intent to Move-Out as Required by Paragraph
48 (Move-Out Notice), or (3) if this property is
and us, the owner: 171 W. Julian Street
subject to the Tenant Protection Act of 2019, and
Apartments Investors LLC
you have a written lease terminated on or after
January 1, 2020, requires you to execute a written
extension or renewal of the lease for an additional
term of similar duration with similar provisions,
provided that those terms do not violate this
(name of title holder or published and recorded section or any other provision of law. If the number
fictitious business name). You've agreed to rent Unit of days isn’t filled in, at least 30 days written notice
No. 319 at is required. If the Residents have been in possession
171 W Julian St #319
for longer than one year, Landlord shall provide
Residents with at least a 60 day written notice to
(Street address) in terminate tenancy. Residents shall comply with all
San Jose
notice provisions in paragraph 32 (Default by
(city), California, 95110 (zip code) Resident).
(the “Dwelling”) for use as a private residence only.
The terms “you” and “your” refer to all residents SECURITY DEPOSIT. Unless modified by addenda,
listed above. The terms “we,’ ma ‘us,” and “our” refer the total security deposit at the time of execution of
to the owner listed above (or any of owner’s this Lease Contract for all residents in the dwelling
successors’ in interest or assigns). Written notice to is$ 0.00 due on or before the date this
or from our managers constitutes notice to or from Lease Contract is signed. See paragraphs 52 (Security
us. If anyone else has guaranteed performance of Deposit Deductions and Other Charges) and 53
this Lease Contract, a separate Lease Contract (Deposit Return, Surrender, and Abandonment) for
Guaranty for each guarantor is attached. security deposit return information. The security
deposit may not exceed 2 month’s rent for an
2. OCCUPANTS. The dwelling will be occupied only unfurnished dwelling, and 3 month's rent for a
by you and (list all other occupants not signing the furnished dwelling. The security deposit may not
Lease Contract): exceed two anda half month's rent for an unfurnished
Cyrus Garbu‘jo Priya Garbujo dwelling, and three and a half month’s rent for a
furnished dwelling in the event you install water
furniture.
Santa Cruz County Residents. You have the right
to receive yearly interest on your security deposit
ata rate of. %. We may be liable for
damages if we don’t comply under Santa Cruz County
Code §8,.42 and Cal Civ. Code §1950.5.
KEYS. You will be provided 2 Dwelling
key(s), 2 mailbox key(s), i FOB(),
and/or 2 other access device(s) for access
to the building and amenities at no additional cost
at move-in. If the key, FOB, or other access device is
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lost or becomes damaged during your tenancy or is 7. UTILITIES. We'll pay for the following items, if
not returned or is returned damaged when you move checked:
out, you will be responsible for the costs for the Q water; O gas; O electricity;
replacement and/or repair of the same. You agree Q master antenna QO wastewater;
not to clone or otherwise duplicate your assigned Q trash; Q cable TV;
access device(s), Dwelling key(s), mailbox key(s), or Q other
FOB(s) without express written permission from us.
RENT AND CHARGES. Unless modified by addenda, You'll pay for all other utilities, related deposits, and
you will pay $ 2978.00 per month for rent, any charges, fees, or services on such utilities. You
payable in advance and without demand: must not allow utilities to be disconnected—
including disconnection for not paying your bills—
() at the on-site manager’s office, or until the lease term or renewal period ends. Cable
&) at our online payment site, or channels that are provided may be changed during
&) atthe on-site manager's office the Lease Contract term if the change applies to all
which accepts Cashier's Checks
residents. Utilities may be used only for normal
Only household purposes and must not be wasted. If your
electricity is ever interrupted, you must use only
battery-powered lighting. If any utilities are
Prorated rent of $ is due for the
ee submetered for the dwelling unit, or prorated by an
remainder of [check onej: () 1st month or allocation formula, we will attach an addendum to
O 2nd month, on December 15 this Lease Contractin compliance with state agency
2022 rules or city ordinance,
Otherwise, you must pay your rent on or before INSURANCE. Our insurance does not cover the loss
the ___ 4th day of each month (due date) with of your personal possessions or personal injury and
no grace period. Cash is unacceptable without our it is recommended that you consider purchasing
prior written permission. You must not withhold or renter’s insurance and flood insurance to insure
offset rent unless authorized by statute. We may, at your possessions from loss due to fire, flood, or other
our option, require at any time that you pay all rent risk of loss. We are not responsible to any resident,
and other sums in cash, certified or cashier's check, guest, or occupant for damage or loss of personal
money order, or one monthly check rather than property or personal injury from (including but not
multiple checks. At our discretion, we may convert limited to) fire, smoke, rain, flood, water and pipe
any and all checks via the Automated Clearing House leaks, hail, ice, snow, lightning, wind, explosions,
(ACH) system for the purposes of collecting payment. earthquake, interruption of utilities, theft, hurricane,
Rent is not considered accepted, if the payment/ACH negligence of other residents, occupants, or invited/
is rejected, does not clear, or is stopped for any uninvited guests or vandalism unless otherwise
reason. If you don’t pay all rent on or before the required by law.
expiration of one business day after the due date,
you'll be delinquent. You will be obligated to pay to In addition, we urge all residents, and particularly
us a fee of $ 50.00 if you fail to pay any
those residing in coastal areas, areas near rivers,
amount when due under this Contract. You agree andareas prone to flooding, to obtain flood insurance.
that this amount is the result of our reasonable Renter's insurance may not cover damage to your
endeavor to approximate
actual losses (administrative property due to flooding. A flood insurance resource
wages, interest on late rent accruing) caused by the which may be available includes the National Flood
late payment of rent. The Parties agree that it is
Insurance Program managed by the Federal
impracticable and extremely difficult to affix the Emergency Management Agency (FEMA).
actual damage caused by payment oflate rent. You'll We) require (do not require you to get your own
also pay a charge of $25.00 for each returned check insurance for losses to your personal property or
or rejected electronic payment. For additional injuries due to theft, fire, water damage, pipe leaks
returned checks you'll pay a charge of $35.00. Ifyou and the like.
are delinquent, all remedies under this Lease If renter’s insurance is required, you shall maintain
Contract will be authorized. If you are delinquent, atall times during the Term of this Lease, atyour sole
all remedies under this Lease Contract and California expense, a renter’s insurance policy, or its equivalent,
law will be authorized. A negative credit report issued bya licensed insurance company ina minimum
reflecting on your credit record may be submitted policy coverage amount of $_____,
to acredit reporting agency if you fail to fulfill your and you shall provide us with proof of such insurance
credit obligations under this Lease. All payment to our satisfaction. If no box is checked, renter’s
obligations under this Lease Contract shall constitute insurance is not required.
rent under this Lease Contract.
Additionally, you are [check one] & required to
O Rent Concession. If this boxis checked, youand purchase personal liability insurance
we have entered into an Addendum for a Rent Q not required to purchase personal liability
Concession. The Addendum is attached. Please read insurance. If no box is checked, personal liability
it thoroughly. insurance is not required. If required, failure to
maintain personal liability insurance is an incurable
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2 of 13
breach of this Lease Contract and may result in the 9, LOCKS AND LATCHES. We will provide an operable
termination of tenancy and eviction and/or any other deadbolt lock on each main swinging entry door of
remedies as provided by this Lease Contract or state the dwelling in compliance with California Civil
law. Code, Section 1941.3, subject to statutory exceptions.
The dwelling is C)is not located ina special flood We will provide window security or locking devices
hazard area or an area of potential flooding. We as required by that statute. Keyed lock(s) will be
have knowledge that the dwelling is in a special rekeyed after the prior resident moves out. The
flood hazard area if: (1) we received written notice rekeying will be done before you move in. You must
from any public agency, or, (2) our mortgage holder notify us immediately of any inoperable door,
requires us to carry flood insurance, or (3) we window, latch, or lock. You may at any time ask us
currently carry flood insurance. You may obtain to change or rekey locks or latches during the Lease
more information about hazards, including flood Term. We must comply with those requests, but you
hazards, that may affect your dwelling from the must pay for them, unless otherwise provided by
Internet Web site of the Office of Emergency Services law.
(http://www.caloes.ca.gov/). The Internet Web site Payment for Rekeying, Repairs, Etc. Unless
address for the MyHazards tool is http://myhazards. otherwise required by law, you must pay for all
caloes.ca.gov/.
Our insurance does not cover
the loss repairs or replacements arising from misuse or
of the tenant’s personal possessions. We recommend damage to devices by you or your household
that you consider purchasing renter’s insurance and members, occupants, or guests during your
flood insurance to insure your possessions from occupancy. You may be required to payin advance
loss due to fire, flood, or other risk of loss. We are ifwe notify you within a reasonable time after your
not required to provide additional information request that you are more than 30 days delinquent
concerning the flood hazards to the property. The in reimbursing us for repairing or replacing a device
information provided herein is deemed adequate to which was misused or damaged by you, your guest
inform you. or an occupant; or if you have requested that we
repair or change or rekey the same device during
the 30 days preceding your request and we have
complied with your request. Otherwise, you must
pay immediately after the work is completed.
Special Provisions and “What If” Clauses
10.SPECIAL PROVISIONS, The following special use, or negligence by you or your guests or occupants.
provisions and any addenda or written rules
furnished to you at or before signing will become due to our negligence, we're not liable for—and
a part of this Lease Contract and will supersede you
for—repairs,
must pay replacement costs,
any conflicting provisions of this printed Lease
Contract form. you_or your invitees, guests, or occupants’
See Additional Special Provisions negligence or intentional acts: (1) damage to
doors, windows, or screens; (2) damage from
We may require payment at any time, including
advance payment of repairs for which you're liable.
Delay in demanding sums you owe is not a waiver.
See any additional special provisions. 13.PROPERTY LEFT IN DWELLING.
11.EARLY MOVE-OUT. Ifyou move out early without Storage After Surrender, Abandonment, or
our written consent or without paying us a Eviction. We may remove and/or store all property
negotiated lease termination fee, you will be liable remaining in the dwelling or in common areas
tous for actual damages, including liability for rents (including any vehicles you or any occupant or guest
during the entire remainder of your lease term (less owns or uses) if you are judicially evicted or if you
mitigation) and for the cost of finding and processing surrender or abandon the dwelling (see definitions
areplacement resident, paying locator service fees, in paragraph 53 (Deposit Return, Surrender, and
cleaning, make-ready costs, etc. In addition to any Abandonment)). We will use reasonable care in
other rights and remedies allowed by law, we shall storing the property; but we're not liable for casualty
have the remedy set forth in Civil Code Section loss, damage, or theft unless caused by deliberate
1951.2. or negligent act on our part. We may store the
property either in the dwelling or in another safe
12. REIMBURSEMENT. You must promptly reimburse place until (1) we release the personal property
us for loss, damage, government fines, or cost of described in the notice to you or other persons we
repairs or service in the Community due to a reasonably believe to be the owner of the property
violation of the Lease Contract or rules, improper and we shall not require you to pay the cost of
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storage if its owner reclaims the property within 14. FAILING TO PAY FIRST MONTH'S RENT. If you
two days of you vacating the dwelling, (2) charges don’t pay the first month’s rent when or before the
(and actual advertising/sale expenses) are paid in Lease Contract begins, we may end your right of
full after 2 days, or (3) 18 days have elapsed after occupancy and recover damages, including future
“Notice of Right to Reclaim Abandoned Property” rents (less any mitigation), reletting charges,
has been mailed (or 15 days after it is personally attorney's fees (consistent with paragraph 32
served) by us, as provided below as otherwise (Default by Resident)), court costs, and other lawful
required by law. charges. Our rights and remedies under paragraphs
Notice. The “Notice of Right to Reclaim Abandoned 11 (Early Move-Out) and 32 (Default by Resident)
Property” must be in substantial compliance with apply to the failure to pay first month’s rent upon
the statutory form in Section 1984 or 1985, execution of the Lease Contract.
California Civil Code. The notice must be given by 15.RENT INCREASES AND LEASE CONTRACT
personal delivery to you or via regular U.S. mail to CHANGES. No rent increases or Lease Contract
you at your last known address or to the person changes are allowed before the initial Lease Contract
believed by us to be the owner. term ends, except for changes allowed by any special
Redemption. If we've stored property as provided provisions in paragraph 10 (Special Provisions), by
above, you or the person believed by us to be the a written addendum or amendment signed by you
owner may redeem the property by paying all and us, or by reasonable changes of dwelling rules
storage charges (and any actual advertising/sale allowed under paragraph 19 (Community Policies
expenses) on or before the expiration of the Notice or Rules), or as otherwise allowed by law. We will
of Right to Reclaim Abandoned Property as required give you a minimum of30 days notice if you are on
by law. The charges for storage will be the fair rental a month to month tenancy before we increase the
value of the rental space reasonably required for rent (a maximum of 10% increase over the previous
the storage. We may return redeemed property at 12 months). We will give you at least 90 days notice
the place of storage, the management office, or the during a month to month tenancy before we raise
dwelling (at our option). We may require payment the rent more than 10% (over the previous 12
by cash, money order, or certified check. We may months), unless the increase is caused by a change
also send a copy to your email address. in your income or family composition as determined
Other disposition or Sale. Ifall the property being byarecertification required by statute or regulation.
stored is believed by us to be worth less than $700 16. DELAY OF OCCUPANCY. If occupancy is or will be
and it has not been redeemed, we may keep, throw delayed for construction, repairs, cleaning, or a
away, or give away the property after the 18th day previous resident’s holding over, we're not
following the giving of the “Notice of Right to responsible for the delay. The Lease Contract will
Reclaim Abandoned Property” above. If all of the remain in force subject to: (1) abatement of rent on
property is believed by us to be worth $700 or more, a daily basis during delay; and (2) your right to
we may (1) release the personal property described terminate as set forth below. Any termination notice
in the notice to the former tenant and shall not must be in writing. After termination, you are
require the former tenant to pay the cost of storage entitled only to refund of deposit(s) and any rent
if the property remained in the dwelling and the paid. Rent abatement or lease termination does not
former tenant or other person reasonably believed apply if delay is for cleaning or repairs that don’t
by the landlord to be its owner reclaims the property prevent you from occupying the dwelling.
within two days of vacating the dwelling, (2) we If there is a delay and we haven't given notice of
release the property to the person believed by us
delay as set forth immediately below, you may
to be the owner, if all storage charges (and actual
terminate up to the date when the dwelling is ready
advertising/sale expenses) are paid in full after 2
for occupancy, but not later.
days of storage, or (3) sell the property at public
sale in compliance with the procedures of Section (1) If we give written notice to any of you when or
1988 of the California Civil Code. Sale may be subject after the Lease Contract begins—and the notice
to any third-party ownership or lien claims, must states that occupancy has been delayed because
be to the highest cash bidder, and may be in bulk, of construction or a previous resident's holding
in batches, or item-by-item. You and the landlord over, and that the dwelling will be ready ona
may bid at the sale. Excess sums will be paid over specific date—you may terminate the Lease
to the county in accordance with statute. Contract within 3 days of your receiving the
notice, but not later.
State law permits former tenants to reclaim
abandoned personal property left at the former (2) If we give written notice to any of you before
address of the tenant, subjectto certain conditions.
the beginning of the lease term and the notice
states that construction delay is expected and
You may or may not be able to reclaim property that the dwelling will be ready for you to occupy
without incurring additional costs, depending on
ona specific date, you may terminate the Lease
the cost of storing the property and the length of
Contract within 7 days after any of you receives
time before it is reclaimed. In general, these costs
written notice, but not later. The readiness date
will be lower the sooner you contact your former
is considered the new beginning date of the
landlord after being notified that property belonging lease term for all purposes. This new date may
to you was left behind after you moved out.
not be moved to an earlier date unless we and
you agree.
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- 9/2022, California Page 4 of 13
17.AD VALOREM TAXES/FEES AND CHARGES - (A) Should we choose to collect your personal
ADDITIONAL RENT. Unless otherwise prohibited information, we will, at or before the point of
by law, if, during the term of this Agreement, any collection, inform you as to the categories of
locality, city, state, or Federal Government imposes personal information to be collected and the
upon Us, any fee, charge, or tax, which is related to purposes for which the categories of personal
or charged by the number of occupants, or by the information will be used. Upon verifiable
apartment unit itself, such that we are charged a request from you, we will disclose and deliver
fee, charge, or tax, based upon your use or occupancy the personal information the we collected
of the apartment, we may add this charge as about you, free of charge, within 45 days of the
Additional Rent, during the term of the Lease verified request.
Contract, with thirty (30) days advance written
notice to you. After this written notice (the amount (B) Upon verifiable request from you to delete
personal information from our records, we
or approximate amount of the charge, will be will do so, and direct service providers to
included), you agree to pay, as Additional Rent, the delete any personal information in their
amount of the charge, tax or fee imposed upon us, records, subject to certain exceptions.
as a result of your occupancy. As examples, these
charges can include, but are not limited to: any (©) We will not sell personal information to third
charges we receive for any zoning violation, sound,
parties.
noise or litter charge; any charge under any nuisance (D) We do not discriminate against any resident
or chronic nuisance type statute, 911 or other life that exercises any of their rights under the
safety, per person, or per unit charge or tax and California Consumer Privacy Act (“CCPA”).
any utility
bill unpaid by you, whichis then assessed However, we may charge different prices or
to us for payment. provide a different quality of goods or services
if the difference is reasonably related to the
18. DISCLOSURE RIGHTS. During your initial lease value provided to you by your data. Further,
application and throughout your tenancy, we may we may offer financial incentives to you for
obtain information on you, your rental history, or the collection, sale, or deletion of personal
other personal information that may be provided information.
to law-enforcement, government agencies, or other
business entities for other business purposes, at a (E) The obligations imposed on us by the CCPA
third party’s request. Upon verifiable request from cannot, and will not, restrict our ability to
you, we will provide you with any personal comply with federal, state, or local laws; comply
information collected, or disclosed for business with civil, criminal, or regulatory inquiry,
purposes relating to you, including but not limited investigation, subpoena, or summons by with
to: categories and specific pieces of personal federal, state, or local authorities; cooperate
with law enforcement relating to violations of
information collected, the categories of sources
from which the personal information is collected, with federal, state, or local laws; exercise legal
the business or commercial purpose for collecting claims; collect, use, retain, sell, or disclose
orselling personal information, and the categories aggregate or deidentified consumer
of third parties with which we share personal information; or collect or sell personal
information. information where that information is based
on commercial conduct wholly outside of
California.
While You're Living in the Dwelling Unit
19. COMMUNITY POLICIES OR RULES. You and all inside the dwelling must be clear and unobstructed
guests and occupants must comply with any written for access to every room in the dwelling, and may
Community rules, regulations and policies, including be used only for entry or exit. You agree to keep all
instructions for care of the dwelling and the passageways
and common areas free of obstructions
Community. Our rules and Community Policies are such as trash, storage items, and all forms of
considered part of this Lease Contract and are personal property. No person shall ride or allow
incorporated herein as fully set out word for word. bikes, skateboards, or other similar objects in the
We may make reasonable changes to written rules, passageways. You must maintain the dwelling free
effective immediately, if they are distributed and from clutter or any other condition which may
applicable to all units in the Community and do not restrict air flow, encourage mold growth, invite
change dollar amounts on page 1 of this Lease pests, creates a fire hazard, or otherwise degrades
Contract. the habitability of the dwelling. Passageways may
be used only for entry or exit. Any swimming pools,
20.LIMITATIONS ON CONDUCT. The dwelling and
saunas, spas, tanning beds, exercise rooms,
other areas reserved for your private use must be storerooms, laundry rooms, and similar areas must
kept clean and free of trash, garbage, and other be used with care in accordance with dwelling rules
debris. Trash must be disposed of at least weekly and posted signs. Glass containers are prohibited
in appropriate receptacles in accordance with local inall common areas. You, your occupants, or guests
ordinances. Doors, windows, and other passageways may not anywhere in the Community: use candles
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or use kerosene lamps or kerosene heaters without vehicle is unauthorized or illegally parked in the
our prior written approval; cook on balconies or Community if it:
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TODD ROTHBARD #67351 LAW OFFICE OF TODD ROTHBARD 100 Saratoga Avenue, Suite 200 Santa Clara, CA 95051 Tel: (408) 244-4200 Fax: (40) 244-4267 Attorneys for Plaintiff SUPERIOR COURT FOR THE SANTA CLARA JUDICIAL DISTRICT LIMITED CIVIL JURISDICTION COUNTY OF SANTA CLARA, STATE OF CALIFORNIA 171 W. JULIAN STREET APARTMENTS INVESTORS LLC, NO. Plaintiff, COMPLAINT FOR vs. UNLAWFUL DETAINER PATRICIA GARBUJO, ANDERSON GARBUJO, IEDA GARBUJO, DOES | through V, inclusive *Total damages sought OVER $25,000.00 Defendant Plaintiff alleges: | At all times herein mentioned, plaintiff was, and now is, a limited liability company licensed to do business in the State of California and doing business in the above entitled County and Judicial District. ll The real property owned by plaintiff, possession of which is sought in this action, is situated at 171 West Julian Street, Unit #319, San Jose, California 95110 in the above named County and Judicial District. Ul The true names of defendant(s) named herein as DOES | through V, inclusive, are unknown to plaintiff who therefore sues said defendant(s) by fictitious names and prays leave to amend this complaint to show the true names as they become known. COMPLAINT FOR UNLAWFUL DETAINER 4 IV On or about December 15, 2022, plaintiff leased to defendant(s) the above described premises on a fifteen month basis pursuant to a written rental agreement. A copy of said agreement has been attached hereto, marked “EXHIBIT A”, incorporated by reference herein, and made part hereof. Vv By terms of said agreement, said defendant(s) were required to pay to plaintiff the sum of $2,978.00 each month as and for the rental of said premises; said sum becomes payable in full as of the fourth day of each month. 10 vi 11 Defendant(s) are behind in the payment of rent: $23,079.50 being the total rent 12 due and unpaid as of August 31, 2023. 13 Vil 14 On August 18, 2023, plaintiff caused to be served on defendant(s) a written 15 notice stating the amount of rent due and requiring defendant(s) to pay the whole 16 thereof or deliver up possession of the premises within the three days after service of 17 the notice. A copy of said notice and a declaration of service of said notice are 18 attached hereto, marked “EXHIBIT B”, and made a part hereof. Plaintiff has complied 19 with all requirements of the Tenant Protection Ordinance, San Jose Municipal Code 20 Chapter 17.23, and / or is not applicable. Further information regarding rent and 21 eviction control is included in the notice that is attached hereto as Exhibit B and is 22 incorporated herein by reference. 23 Vill 24 More than three days have elapsed since the service of said notice, but no part 25 of said rent has been paid. Defendant(s) remain(s) in possession of said premises 26 without plaintiffs consent, plaintiff is entitled to possession of said premises. By virtue 27 of the provisions of code of Civil Procedure Section 1161(2), there is an unlawful 28 detainer of the premises. COMPLAINT FOR UNLAWFUL DETAINER 2 IX The reasonable rental value of said premises is the sum of $99.26 per day, and damages to plaintiff caused by defendant’s unlawful detainer will accrue at said rate from September 4, 2023 and will continue to accrue at said rate as long as defendant(s) remain in possession. Xx Said agreement provided for the payment of attorney's fees, costs, etc. to the prevailing party in the event of litigation to enforce its terms. Plaintiff has been compelled to commence litigation and hence is entitled to recover the sum of $800.00 10 as attorney's fees or such larger sum as may prove justified pending proof at time of 11 trial or hearing herein. 12 13 WHEREFORE: plaintiff prays judgment as follows: 14 1 For restitution of possession of said premises. 15 2 For unpaid rent in the total sum of $23,079.50. 16 3 For damages at the rate of $99.26 per day from September 4, 2023, for 17 each day defendant(s) continue in possession of said premises. 18 For attorney's fees of at least $800.00. 19 For costs herein, and for such other and further relief as to the Court may 20 seem just. 21 22 DATED December 27, 2023 23 TODD ROTHBARD LAW OFFICES OF TODD ROTHBARD 24 Attorney for Plaintiff 25 26 27 28 COMPLAINT FOR UNLAWFUL DETAINER 3 VERIFICATION |, TODD ROTHBARD, hereby declare: | am the attorney for the plaintiff in the above entitled action, and as such make this VERIFICATION for and on behalf of said plaintiff. | have read the foregoing COMPLAINT FOR UNLAWFUL DETAINER and know the contents thereof, and, based on information and belief, | believe said contents to be true and correct. The reason that the foregoing COMPLAINT is verified by me and not by a representative of the plaintiff is that such representative is absent from the county 10 where | have my office. 11 | declare, under penalty of perjury, that the foregoing is true and correct, and 12 that this VERIFICATION is executed on December 27, 2023 at Santa Clara, Santa 13 Clara County, California. 14 15 16 17 TODD ROTHBARD LAW OFFICES OF TODD ROTHBARD 18 Attorney for Plaintiff 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR UNLAWFUL DETAINER 4 EXHIBIT A LEASE CONTRACT I tl il | UII, ili ATOR APARIENT Date of Lease Contract: December 6, 2022 This is a binding document. (when the Lease Contract is filled out) Read carefully before signing. Moving In — General Information 1. PARTIES. This Lease Contract (sometimes referred No one else may occupy the dwelling. Persons not to as the “lease”) is between you, the resident(s) (list listed above must not stay in the dwelling for more all people signing the Lease Contract): than 14 consecutive days without our prior Anderson Garbujo Ieda Garbujo written consent, and no more than twice that many Patricia Garbujo days in any one month. If the previous space isn’t filled in, two days per month is the limit. 3. LEASE TERM. The initial term of the Lease Contract begins on the_15th _ day of. December 2022 and ends at 11:59 p.m. the_14th day of, March 2024 This lease contract will automatically renew month- to-month unless (1) either party gives at least 30 days written notice of termination, (2) Intent to Move-Out as Required by Paragraph 48 (Move-Out Notice), or (3) if this property is and us, the owner: 171 W. Julian Street subject to the Tenant Protection Act of 2019, and Apartments Investors LLC you have a written lease terminated on or after January 1, 2020, requires you to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this (name of title holder or published and recorded section or any other provision of law. If the number fictitious business name). You've agreed to rent Unit of days isn’t filled in, at least 30 days written notice No. 319 at is required. If the Residents have been in possession 171 W Julian St #319 for longer than one year, Landlord shall provide Residents with at least a 60 day written notice to (Street address) in terminate tenancy. Residents shall comply with all San Jose notice provisions in paragraph 32 (Default by (city), California, 95110 (zip code) Resident). (the “Dwelling”) for use as a private residence only. The terms “you” and “your” refer to all residents SECURITY DEPOSIT. Unless modified by addenda, listed above. The terms “we,’ ma ‘us,” and “our” refer the total security deposit at the time of execution of to the owner listed above (or any of owner’s this Lease Contract for all residents in the dwelling successors’ in interest or assigns). Written notice to is$ 0.00 due on or before the date this or from our managers constitutes notice to or from Lease Contract is signed. See paragraphs 52 (Security us. If anyone else has guaranteed performance of Deposit Deductions and Other Charges) and 53 this Lease Contract, a separate Lease Contract (Deposit Return, Surrender, and Abandonment) for Guaranty for each guarantor is attached. security deposit return information. The security deposit may not exceed 2 month’s rent for an 2. OCCUPANTS. The dwelling will be occupied only unfurnished dwelling, and 3 month's rent for a by you and (list all other occupants not signing the furnished dwelling. The security deposit may not Lease Contract): exceed two anda half month's rent for an unfurnished Cyrus Garbu‘jo Priya Garbujo dwelling, and three and a half month’s rent for a furnished dwelling in the event you install water furniture. Santa Cruz County Residents. You have the right to receive yearly interest on your security deposit ata rate of. %. We may be liable for damages if we don’t comply under Santa Cruz County Code §8,.42 and Cal Civ. Code §1950.5. KEYS. You will be provided 2 Dwelling key(s), 2 mailbox key(s), i FOB(), and/or 2 other access device(s) for access to the building and amenities at no additional cost at move-in. If the key, FOB, or other access device is © 2022, National Apartment Association, Inc. -9/2022, California Page 1 of 13 lost or becomes damaged during your tenancy or is 7. UTILITIES. We'll pay for the following items, if not returned or is returned damaged when you move checked: out, you will be responsible for the costs for the Q water; O gas; O electricity; replacement and/or repair of the same. You agree Q master antenna QO wastewater; not to clone or otherwise duplicate your assigned Q trash; Q cable TV; access device(s), Dwelling key(s), mailbox key(s), or Q other FOB(s) without express written permission from us. RENT AND CHARGES. Unless modified by addenda, You'll pay for all other utilities, related deposits, and you will pay $ 2978.00 per month for rent, any charges, fees, or services on such utilities. You payable in advance and without demand: must not allow utilities to be disconnected— including disconnection for not paying your bills— () at the on-site manager’s office, or until the lease term or renewal period ends. Cable &) at our online payment site, or channels that are provided may be changed during &) atthe on-site manager's office the Lease Contract term if the change applies to all which accepts Cashier's Checks residents. Utilities may be used only for normal Only household purposes and must not be wasted. If your electricity is ever interrupted, you must use only battery-powered lighting. If any utilities are Prorated rent of $ is due for the ee submetered for the dwelling unit, or prorated by an remainder of [check onej: () 1st month or allocation formula, we will attach an addendum to O 2nd month, on December 15 this Lease Contractin compliance with state agency 2022 rules or city ordinance, Otherwise, you must pay your rent on or before INSURANCE. Our insurance does not cover the loss the ___ 4th day of each month (due date) with of your personal possessions or personal injury and no grace period. Cash is unacceptable without our it is recommended that you consider purchasing prior written permission. You must not withhold or renter’s insurance and flood insurance to insure offset rent unless authorized by statute. We may, at your possessions from loss due to fire, flood, or other our option, require at any time that you pay all rent risk of loss. We are not responsible to any resident, and other sums in cash, certified or cashier's check, guest, or occupant for damage or loss of personal money order, or one monthly check rather than property or personal injury from (including but not multiple checks. At our discretion, we may convert limited to) fire, smoke, rain, flood, water and pipe any and all checks via the Automated Clearing House leaks, hail, ice, snow, lightning, wind, explosions, (ACH) system for the purposes of collecting payment. earthquake, interruption of utilities, theft, hurricane, Rent is not considered accepted, if the payment/ACH negligence of other residents, occupants, or invited/ is rejected, does not clear, or is stopped for any uninvited guests or vandalism unless otherwise reason. If you don’t pay all rent on or before the required by law. expiration of one business day after the due date, you'll be delinquent. You will be obligated to pay to In addition, we urge all residents, and particularly us a fee of $ 50.00 if you fail to pay any those residing in coastal areas, areas near rivers, amount when due under this Contract. You agree andareas prone to flooding, to obtain flood insurance. that this amount is the result of our reasonable Renter's insurance may not cover damage to your endeavor to approximate actual losses (administrative property due to flooding. A flood insurance resource wages, interest on late rent accruing) caused by the which may be available includes the National Flood late payment of rent. The Parties agree that it is Insurance Program managed by the Federal impracticable and extremely difficult to affix the Emergency Management Agency (FEMA). actual damage caused by payment oflate rent. You'll We) require (do not require you to get your own also pay a charge of $25.00 for each returned check insurance for losses to your personal property or or rejected electronic payment. For additional injuries due to theft, fire, water damage, pipe leaks returned checks you'll pay a charge of $35.00. Ifyou and the like. are delinquent, all remedies under this Lease If renter’s insurance is required, you shall maintain Contract will be authorized. If you are delinquent, atall times during the Term of this Lease, atyour sole all remedies under this Lease Contract and California expense, a renter’s insurance policy, or its equivalent, law will be authorized. A negative credit report issued bya licensed insurance company ina minimum reflecting on your credit record may be submitted policy coverage amount of $_____, to acredit reporting agency if you fail to fulfill your and you shall provide us with proof of such insurance credit obligations under this Lease. All payment to our satisfaction. If no box is checked, renter’s obligations under this Lease Contract shall constitute insurance is not required. rent under this Lease Contract. Additionally, you are [check one] & required to O Rent Concession. If this boxis checked, youand purchase personal liability insurance we have entered into an Addendum for a Rent Q not required to purchase personal liability Concession. The Addendum is attached. Please read insurance. If no box is checked, personal liability it thoroughly. insurance is not required. If required, failure to maintain personal liability insurance is an incurable © 2022, National Apartment Association, Inc. - 9/2022, California Page 2 of 13 breach of this Lease Contract and may result in the 9, LOCKS AND LATCHES. We will provide an operable termination of tenancy and eviction and/or any other deadbolt lock on each main swinging entry door of remedies as provided by this Lease Contract or state the dwelling in compliance with California Civil law. Code, Section 1941.3, subject to statutory exceptions. The dwelling is C)is not located ina special flood We will provide window security or locking devices hazard area or an area of potential flooding. We as required by that statute. Keyed lock(s) will be have knowledge that the dwelling is in a special rekeyed after the prior resident moves out. The flood hazard area if: (1) we received written notice rekeying will be done before you move in. You must from any public agency, or, (2) our mortgage holder notify us immediately of any inoperable door, requires us to carry flood insurance, or (3) we window, latch, or lock. You may at any time ask us currently carry flood insurance. You may obtain to change or rekey locks or latches during the Lease more information about hazards, including flood Term. We must comply with those requests, but you hazards, that may affect your dwelling from the must pay for them, unless otherwise provided by Internet Web site of the Office of Emergency Services law. (http://www.caloes.ca.gov/). The Internet Web site Payment for Rekeying, Repairs, Etc. Unless address for the MyHazards tool is http://myhazards. otherwise required by law, you must pay for all caloes.ca.gov/. Our insurance does not cover the loss repairs or replacements arising from misuse or of the tenant’s personal possessions. We recommend damage to devices by you or your household that you consider purchasing renter’s insurance and members, occupants, or guests during your flood insurance to insure your possessions from occupancy. You may be required to payin advance loss due to fire, flood, or other risk of loss. We are ifwe notify you within a reasonable time after your not required to provide additional information request that you are more than 30 days delinquent concerning the flood hazards to the property. The in reimbursing us for repairing or replacing a device information provided herein is deemed adequate to which was misused or damaged by you, your guest inform you. or an occupant; or if you have requested that we repair or change or rekey the same device during the 30 days preceding your request and we have complied with your request. Otherwise, you must pay immediately after the work is completed. Special Provisions and “What If” Clauses 10.SPECIAL PROVISIONS, The following special use, or negligence by you or your guests or occupants. provisions and any addenda or written rules furnished to you at or before signing will become due to our negligence, we're not liable for—and a part of this Lease Contract and will supersede you for—repairs, must pay replacement costs, any conflicting provisions of this printed Lease Contract form. you_or your invitees, guests, or occupants’ See Additional Special Provisions negligence or intentional acts: (1) damage to doors, windows, or screens; (2) damage from We may require payment at any time, including advance payment of repairs for which you're liable. Delay in demanding sums you owe is not a waiver. See any additional special provisions. 13.PROPERTY LEFT IN DWELLING. 11.EARLY MOVE-OUT. Ifyou move out early without Storage After Surrender, Abandonment, or our written consent or without paying us a Eviction. We may remove and/or store all property negotiated lease termination fee, you will be liable remaining in the dwelling or in common areas tous for actual damages, including liability for rents (including any vehicles you or any occupant or guest during the entire remainder of your lease term (less owns or uses) if you are judicially evicted or if you mitigation) and for the cost of finding and processing surrender or abandon the dwelling (see definitions areplacement resident, paying locator service fees, in paragraph 53 (Deposit Return, Surrender, and cleaning, make-ready costs, etc. In addition to any Abandonment)). We will use reasonable care in other rights and remedies allowed by law, we shall storing the property; but we're not liable for casualty have the remedy set forth in Civil Code Section loss, damage, or theft unless caused by deliberate 1951.2. or negligent act on our part. We may store the property either in the dwelling or in another safe 12. REIMBURSEMENT. You must promptly reimburse place until (1) we release the personal property us for loss, damage, government fines, or cost of described in the notice to you or other persons we repairs or service in the Community due to a reasonably believe to be the owner of the property violation of the Lease Contract or rules, improper and we shall not require you to pay the cost of © 2022, National Apartment Association, Inc. -9/2022, California Page 3 of 13 storage if its owner reclaims the property within 14. FAILING TO PAY FIRST MONTH'S RENT. If you two days of you vacating the dwelling, (2) charges don’t pay the first month’s rent when or before the (and actual advertising/sale expenses) are paid in Lease Contract begins, we may end your right of full after 2 days, or (3) 18 days have elapsed after occupancy and recover damages, including future “Notice of Right to Reclaim Abandoned Property” rents (less any mitigation), reletting charges, has been mailed (or 15 days after it is personally attorney's fees (consistent with paragraph 32 served) by us, as provided below as otherwise (Default by Resident)), court costs, and other lawful required by law. charges. Our rights and remedies under paragraphs Notice. The “Notice of Right to Reclaim Abandoned 11 (Early Move-Out) and 32 (Default by Resident) Property” must be in substantial compliance with apply to the failure to pay first month’s rent upon the statutory form in Section 1984 or 1985, execution of the Lease Contract. California Civil Code. The notice must be given by 15.RENT INCREASES AND LEASE CONTRACT personal delivery to you or via regular U.S. mail to CHANGES. No rent increases or Lease Contract you at your last known address or to the person changes are allowed before the initial Lease Contract believed by us to be the owner. term ends, except for changes allowed by any special Redemption. If we've stored property as provided provisions in paragraph 10 (Special Provisions), by above, you or the person believed by us to be the a written addendum or amendment signed by you owner may redeem the property by paying all and us, or by reasonable changes of dwelling rules storage charges (and any actual advertising/sale allowed under paragraph 19 (Community Policies expenses) on or before the expiration of the Notice or Rules), or as otherwise allowed by law. We will of Right to Reclaim Abandoned Property as required give you a minimum of30 days notice if you are on by law. The charges for storage will be the fair rental a month to month tenancy before we increase the value of the rental space reasonably required for rent (a maximum of 10% increase over the previous the storage. We may return redeemed property at 12 months). We will give you at least 90 days notice the place of storage, the management office, or the during a month to month tenancy before we raise dwelling (at our option). We may require payment the rent more than 10% (over the previous 12 by cash, money order, or certified check. We may months), unless the increase is caused by a change also send a copy to your email address. in your income or family composition as determined Other disposition or Sale. Ifall the property being byarecertification required by statute or regulation. stored is believed by us to be worth less than $700 16. DELAY OF OCCUPANCY. If occupancy is or will be and it has not been redeemed, we may keep, throw delayed for construction, repairs, cleaning, or a away, or give away the property after the 18th day previous resident’s holding over, we're not following the giving of the “Notice of Right to responsible for the delay. The Lease Contract will Reclaim Abandoned Property” above. If all of the remain in force subject to: (1) abatement of rent on property is believed by us to be worth $700 or more, a daily basis during delay; and (2) your right to we may (1) release the personal property described terminate as set forth below. Any termination notice in the notice to the former tenant and shall not must be in writing. After termination, you are require the former tenant to pay the cost of storage entitled only to refund of deposit(s) and any rent if the property remained in the dwelling and the paid. Rent abatement or lease termination does not former tenant or other person reasonably believed apply if delay is for cleaning or repairs that don’t by the landlord to be its owner reclaims the property prevent you from occupying the dwelling. within two days of vacating the dwelling, (2) we If there is a delay and we haven't given notice of release the property to the person believed by us delay as set forth immediately below, you may to be the owner, if all storage charges (and actual terminate up to the date when the dwelling is ready advertising/sale expenses) are paid in full after 2 for occupancy, but not later. days of storage, or (3) sell the property at public sale in compliance with the procedures of Section (1) If we give written notice to any of you when or 1988 of the California Civil Code. Sale may be subject after the Lease Contract begins—and the notice to any third-party ownership or lien claims, must states that occupancy has been delayed because be to the highest cash bidder, and may be in bulk, of construction or a previous resident's holding in batches, or item-by-item. You and the landlord over, and that the dwelling will be ready ona may bid at the sale. Excess sums will be paid over specific date—you may terminate the Lease to the county in accordance with statute. Contract within 3 days of your receiving the notice, but not later. State law permits former tenants to reclaim abandoned personal property left at the former (2) If we give written notice to any of you before address of the tenant, subjectto certain conditions. the beginning of the lease term and the notice states that construction delay is expected and You may or may not be able to reclaim property that the dwelling will be ready for you to occupy without incurring additional costs, depending on ona specific date, you may terminate the Lease the cost of storing the property and the length of Contract within 7 days after any of you receives time before it is reclaimed. In general, these costs written notice, but not later. The readiness date will be lower the sooner you contact your former is considered the new beginning date of the landlord after being notified that property belonging lease term for all purposes. This new date may to you was left behind after you moved out. not be moved to an earlier date unless we and you agree. ‘© 2022, National Apartment Association, Inc. - 9/2022, California Page 4 of 13 17.AD VALOREM TAXES/FEES AND CHARGES - (A) Should we choose to collect your personal ADDITIONAL RENT. Unless otherwise prohibited information, we will, at or before the point of by law, if, during the term of this Agreement, any collection, inform you as to the categories of locality, city, state, or Federal Government imposes personal information to be collected and the upon Us, any fee, charge, or tax, which is related to purposes for which the categories of personal or charged by the number of occupants, or by the information will be used. Upon verifiable apartment unit itself, such that we are charged a request from you, we will disclose and deliver fee, charge, or tax, based upon your use or occupancy the personal information the we collected of the apartment, we may add this charge as about you, free of charge, within 45 days of the Additional Rent, during the term of the Lease verified request. Contract, with thirty (30) days advance written notice to you. After this written notice (the amount (B) Upon verifiable request from you to delete personal information from our records, we or approximate amount of the charge, will be will do so, and direct service providers to included), you agree to pay, as Additional Rent, the delete any personal information in their amount of the charge, tax or fee imposed upon us, records, subject to certain exceptions. as a result of your occupancy. As examples, these charges can include, but are not limited to: any (©) We will not sell personal information to third charges we receive for any zoning violation, sound, parties. noise or litter charge; any charge under any nuisance (D) We do not discriminate against any resident or chronic nuisance type statute, 911 or other life that exercises any of their rights under the safety, per person, or per unit charge or tax and California Consumer Privacy Act (“CCPA”). any utility bill unpaid by you, whichis then assessed However, we may charge different prices or to us for payment. provide a different quality of goods or services if the difference is reasonably related to the 18. DISCLOSURE RIGHTS. During your initial lease value provided to you by your data. Further, application and throughout your tenancy, we may we may offer financial incentives to you for obtain information on you, your rental history, or the collection, sale, or deletion of personal other personal information that may be provided information. to law-enforcement, government agencies, or other business entities for other business purposes, at a (E) The obligations imposed on us by the CCPA third party’s request. Upon verifiable request from cannot, and will not, restrict our ability to you, we will provide you with any personal comply with federal, state, or local laws; comply information collected, or disclosed for business with civil, criminal, or regulatory inquiry, purposes relating to you, including but not limited investigation, subpoena, or summons by with to: categories and specific pieces of personal federal, state, or local authorities; cooperate with law enforcement relating to violations of information collected, the categories of sources from which the personal information is collected, with federal, state, or local laws; exercise legal the business or commercial purpose for collecting claims; collect, use, retain, sell, or disclose orselling personal information, and the categories aggregate or deidentified consumer of third parties with which we share personal information; or collect or sell personal information. information where that information is based on commercial conduct wholly outside of California. While You're Living in the Dwelling Unit 19. COMMUNITY POLICIES OR RULES. You and all inside the dwelling must be clear and unobstructed guests and occupants must comply with any written for access to every room in the dwelling, and may Community rules, regulations and policies, including be used only for entry or exit. You agree to keep all instructions for care of the dwelling and the passageways and common areas free of obstructions Community. Our rules and Community Policies are such as trash, storage items, and all forms of considered part of this Lease Contract and are personal property. No person shall ride or allow incorporated herein as fully set out word for word. bikes, skateboards, or other similar objects in the We may make reasonable changes to written rules, passageways. You must maintain the dwelling free effective immediately, if they are distributed and from clutter or any other condition which may applicable to all units in the Community and do not restrict air flow, encourage mold growth, invite change dollar amounts on page 1 of this Lease pests, creates a fire hazard, or otherwise degrades Contract. the habitability of the dwelling. Passageways may be used only for entry or exit. Any swimming pools, 20.LIMITATIONS ON CONDUCT. The dwelling and saunas, spas, tanning beds, exercise rooms, other areas reserved for your private use must be storerooms, laundry rooms, and similar areas must kept clean and free of trash, garbage, and other be used with care in accordance with dwelling rules debris. Trash must be disposed of at least weekly and posted signs. Glass containers are prohibited in appropriate receptacles in accordance with local inall common areas. You, your occupants, or guests ordinances. Doors, windows, and other passageways may not anywhere in the Community: use candles © 2022, National Apartment Association, Inc. -9/2022, California Page S of 13 or use kerosene lamps or kerosene heaters without vehicle is unauthorized or illegally parked in the our prior written approval; cook on balconies or Community if it: outsid