Complaint,Petition: BAXTER APARTMENTS, LLC vs HAWKINS, et al.

On February 13, 2024 a Complaint,Petition was filed involving a dispute between Baxter Apartments, Llc, and Brent Hawkins, Odele Hawkins, for Civil Unlimited (Unlawful Detainer/Residential...) in the District Court of Alameda County.

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1 TODD ROTHBARD #67351
STEVE NAUMCHIK #208985
2 RYAN MAYBERRY#232622
BRIAN SKARBEK #266948
3 CHRISTINA DABIS #230784
CHRISTOPHER COOPER #347172
4 LAW OFFICE OF TODD ROTHBARD
100 Saratoga Avenue, Suite 200
5 Santa Clara, CA 95051
Tel: (408) 244-4200
6 Fax: (408) 244-4267
Attorneys for Plaintiff
7
SUPERIOR COURT -LIMITED CIVIL JURISDICTION
8
COUNTY OF ALAMEDA, STATE OF CALIFORNIA
9
BAXTER APARTMENTS, LLC.,
10 NO.
Plaintiff,
11 COMPLAINT FOR
vs.
12 ODELE HAWKINS, BRENT HAWKINS, DOES I UNLAWFUL DETAINER
through V, inclusive
13 *Total damages sought
Defendant are
14 OVER $35,000.00
Plaintiff alleges:
15

16
At all times herein mentioned, plaintiff was, and now is a limited liability
17
company licensed to do business in the State of California and doing business in the
18
above entitled County and Judicial District.
19 11

20 The real property owned by plaintiff, possession of which is sought in this
21 action, is situated at 4970 Desmond Street, Oakland, County of Alameda, California
22 94618, in the above named Judicial District.

23 Ill

24
The true names of defendant(s) named herein as DOES l through V, inclusive,
are unknown to plaintiff who therefore sues said defendant(s) by fictitious names and
25
prays leave to amend this complaint to show the true names as they become known.
26

COMPLAINT FOR UNLAWFUL DETAINER

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1
IV
2 On January 23, 2023, plaintiff leased the above described premises to
3 defendant pursuant to a written lease agreement. A copy of said lease agreement has
4 been attached hereto, marked "EXHIBIT A", incorporated by reference herein, and

5
made part hereof.

6
V
By terms of said agreement, said defendant was required to pay to plaintiff the
7
sum of $6,004.00 each month as and for the rental of said premises; said sum
8
becomes payable in full as of the first day of each month.
9
VI
10
Defendant is behind in the payment of rent: $33,532.00 being the total rent due
11 and unpaid as of January 31, 2024.
12 VII
13 On January 9, 2024, plaintiff caused to be served on defendant a written notice
14 stating the amount of rent due and requiring defendant to pay the whole thereof or
15 deliver up possession of the premises within the three days after service of the notice.

16 A copy of said notice and a declaration of service of said notice are attached hereto,
marked "EXHIBIT B", and made a part hereof. The premises herein described is
17
exempt from the Oakland Just Cause for Eviction Ordinance as said premises were
18
built and first opened for occupancy in 2018.
19
VIII
20
More than three days have elapsed since the service of said notice, but no part
21
of said rent has been paid. Defendant remains in possession of said premises without
22 plaintiff's consent, plaintiff is entitled to possession of said premises. By virtue of the
23 provisions of code of Civil Procedure Section 1161 (2), there is an unlawful detainer of
24 the premises.

25 IX

26 The reasonable rental value of said premises is the sum of $202.13 per day,
and damages to plaintiff caused by defendant's unlawful detainer will accrue at said
27
rate from February 1, 2024 and will continue to accrue at said rate as long as
28
defendant remains in possession.

COMPLAINT FOR UNLAWFUL DETAINER

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X
2 Section 25.4 of the rental agreement between the parties provides that the
3 prevailing party in any litigation thereto shall be entitled to recover its attorney's fees
4 not to exceed $1,500.00 and costs incurred in connection with such litigation. Plaintiff

5 has been compelled to commence litigation to regain possession of the premises and

6
has incurred attorney's fees in the minimum sum of $1,200.00 if this matter proceeds
by default, or such larger sum as may prove necessary to prosecute it in the event it is
7
opposed or contested by defendant.
8

9
WHEREFORE: plaintiff prays judgment as follows:
10
1. For restitution of possession of said premises.
11
2. For unpaid rent in the total sum of $33,532.00.
12 3. For damages at the rate of $200.13 per day from February 1, 2024, for each
13 day defendant continue in possession of said premises.
14 4. For attorney's fees of at least $1,200.00.

15 5. For costs herein, and for such other and further relief as to the Court may
seem just.
16

17
DATED: 02/07/2024
18
TODD ROTHBARD
19 LAW OFFICES OF TODD ROTHBARD
Attorney for Plaintiff
20

COMPLAINT FOR UNLAWFUL DETAINER

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2

3 VERIFICATION
4 I, TODD ROTHBARD, hereby declare:

5 I am the attorney for the plaintiff in the above entitled action, and as such make

6
this VERIFICATION for and on behalf of said plaintiff.
I have read the foregoing COMPLAINT FOR UNLAWFUL DETAINER and
7
know the contents thereof, and, based on information and belief, I believe said
8
contents to be true and correct.
9
The reason that the foregoing COMPLAINT is verified by me and not by a
10
representative of the plaintiff is that such representative is absent from the county
11 where I have my office.
12 I declare, under penalty of perjury, that the foregoing is true and correct, and
13 that this VERIFICATION is executed on February 07, 2024, at Santa Clara, Santa
14 Clara County, California.

17
TODD ROTHBARD /
I/
/

• t
I\
LAW OFFICES OF TODD ROTHBARD
Attorney for Plaintiff
18

COMPLAINT FOR UNLAWFUL DETAINER

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PARTIES AND LEASED PREMISES
Owner Address Phone

Baxter Apartments LLC 4901 Broadway Oakland, CA 94611 831-236-7670
Agent Address Phone

FPI Management, Inc. 800 Iron Point Road Folsom, CA 95630 916 357-5300
Residential Community
Baxter
Street Address City State ZIP

4901 Broadway Oakland California 94611
Residents: Leased Premises

Odele Hawkins and Brent Hawkins 2
Street Address ZIP

Dishonored Payment $25.00 Utilities (Late Setup) $50.00 Failure to Clean Animal $25.00
(After 1st) Waste Charge
Online Payment $25.00 Lease Buy-Out $12,008.00 Key Replacement Charge $9.00
Chargeback
Late Payment $75.00 Dishonored Payment $25.00 Smoke/CO Alarm $25.00
Tampering Charge
Failure to Clean Garbage $50.00 Parking Violation Charge $40.00 Transfer Fee $200.00
Charge
MONTHLY PAYMENTS DEPOSITS
Base Rent $6,004.00 Security Deposit $800.00
Pet Rent $60.00 Additional Deposit for Pets $500.00
Subtotal $6,064.00 TOTAL REFUNDABLE SECURITY $1,300.00
City Business Tax (1.395%) $84.59 DEPOSITS

TOTAL MONTHLY PAYMENT $6,148.59

THIS RESIDENTIAL LEASE CONTRACT (this "Agreement" or "Lease") is made and entered into as of the 23rd day of
January. 2023, by and between Owner of Residential Community ("Owner'') and Odele Hawkins and Brent Hawkins, jointly
and severally (hereinafter collectively "Residents"). Owner hereby leases to Residents the premises at 4901 BROADWAY #2.
OAKLAND. CA 94611 (the "Leased Premises"), located within Baxter (the "Residential Community"), for use exclusively as a
private residence, and not for any other purpose, except as specifically mandated by applicable law. The Leased Premises
may also include the right to rent additional features such as parking spaces, storage and garage spaces, which, if applicable,
will be designated and included in a separate written agreement or addendum to this Agreement. Residents' performance of
their obligations contained in this Agreement may be guaranteed by a third party. Any third-party guarantee agreements may
be included with and attached to this Agreement, but such third party will not have a right to possession of the Leased
Premises. Owner's representatives, agents, affiliates, successors, assigns, employees, officers, and directors ("Owner's

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Related Parties") are hereby incorporated by reference to benefit from any and all waivers, releases, and limitations of liability
made by Residents hereunder, but are not personally responsible for any of owner's obligations under this Agreement. The
following person or entity ("Agent") is authorized to collect rents, manage, and maintain the Leased Premises and is
authorized to act on behalf of Owner for the purpose of receiving service of process, notices, and demands: FPI Management,
Inc., 800 Iron Point Road Folsom, CA 95630, 916 357-5300.
1. OCCUPANCY OF THE LEASED PREMISES. The Leased Premises may be occupied solely by Residents. No
other persons have permission to occupy the Leased Premises unless such permission is in writing and signed by Owner
or its authorized agent. Owner's acceptance of rent from any other individual shall be deemed to be the payment of rent
on behalf of the Residents named above and shall not constitute permission for the person making the payment to
occupy the Leased Premises. Should any person not named above make any claim to right of possession of the Leased
Premises, any such person shall be deemed to be the guest or invitee of the named Residents and their claim to right of
possession shall be denied. Any person named above in this Section who is not also named above as a Resident and/or
who is not a signatory to this Agreement shall be deemed to be invitees of the named Residents, who are signatories to
this Agreement. Accordingly, if any such individual is not named in any unlawful detainer action to regain possession of
the Leased Premises, and if any such individual thereafter makes a claim to right of possession of the Leased Premises,
that claim shall be denied on the basis that said individual is the invitee of the named Residents and does not have an
independent claim to right of possession of the Leased Premises. It is a material breach of this Agreement if any person
other than Residents or Occupants occupies the Leased Premises for more than fil!L{fil consecutive days or fourteen
{14)_ total days in any twelve 112) month period, and shall entitle Owner to serve Residents with a notice terminating the
tenancy, in addition to any other remedies Owner may have.
All changes in occupancy require Owner's prior written consent. If Owner consents to an occupancy change during the
term of this Agreement, a new Residential Lease Contract or an amendment to this Agreement must be executed. To the
greatest extent allowed by law, any assignment or subletting without Owner's prior written consent shall be void and shall,
at Owner's sole discretion, terminate this Agreement.
2. TERM. This Agreement shall be for a fixed lease term of 1 year and 1 month. The initial term ("Initial Term") of this
Agreement shall begin on February 1, 2023 and end at 11 :59pm on February 29, 2024. Thereafter, this Agreement
will automatically renew for successive month to month terms unless either party provides written notice that it
will not renew at least thirty /30) days prior to the expiration of the Initial Term. After the first year of occupancy,
Owner shall give Residents al least sixty (60) days prior written notice of termination.
Any holding over by Residents at the expiration of the lease term with the consent of Owner shall create a
month-to-month tenancy on the same terms and conditions set Civil Code Section 827 and terminable by either
party upon proper written notice, in accordance with the provisions of California Civil Code Section 1946 unless
otherwise prescribed by a local ordinance or other applicable law.
2.1. Move-Out Notices and Procedures. Prior to moving out, Residents are required to provide Owner
with advance written notice of at least thirty /30) days. The move out notice must comply with all applicable
notice provisions of this Agreement and provide Residents' move out date. Residents must obtain written
acknowledgment from Owner of receipt of Residents' move out notice. If Owner terminates this Agreement, Owner
will provide Residents with the same notice unless Residents have breached the terms of this Agreement or a different
notice period is required by law. Verbal move out notice is not an acceptable form of termination. The move out date
provided for in the notice cannot be changed without additional written agreement signed by both parties. Each Resident
must provide Owner with their forwarding address in writing. A move out notice does not release Residents from liability
under the full term or any renewal terms of this Agreement except where Resident moves out pursuant to a Military
Personnel Release or if Owner and Resident agree to such release in a written amendment signed by both parties.
Residents may not withhold any portion or last month's rent under the assumption that the security deposit will cover rent
due.
3. SECURITY DEPOSIT. Residents have deposited with Owner the sum of $1,300.00, the receipt of which is hereby
acknowledged as a security deposit and which sum shall not exceed the maximum permitted by California Civil Code
Section 1950.5. This sum shall be applied and accounted for in accordance with the provisions of California Civil Code
Section 1950.5 and any other applicable statutes. The retention of the security deposit shall not limit Owner's right to
proceed against Residents for claims above the amount of the security deposit. Owner shall not be obligated to pay
Residents interest in connection with such security deposit, unless specifically required by applicable law.
It is understood that the security deposit is applicable to all Residents jointly, and Owner does not account for it until the
passing of the permissible statutory period after all Residents have vacated the Leased Premises. Any refund due may
be made payable jointly to all Residents and it shall be the responsibility of all Residents to work out between themselves
the manner of dividing said security deposit. If Owner chooses to make the refund to any one of Residents individually
(which need not be done until the statutory time has elapsed after all Residents have vacated the Leased Premises), in
legal contemplation the payment shall be deemed to have been made to all Residents and Owner shall have no liability to

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any one or group of Residents for failure of any Resident to divide such refund equitably.
If the security deposit is later increased by agreement of the Parties for any reason (such as the installation of a satellite
dish, a waterbed or relating to a pet), the additional security deposit will be disbursed by Owner in accordance with this
section at the end of the statutory period following the end of Residents' tenancy. Removal of the pet, satellite dish or
waterbed, or whatever caused the increase in the deposit, wm not be grounds for early disbursement of the security
deposit.
4. RENT. Residents agree to pay to Owner, as rent for the Leased Premises, the sum of $6,064.00 per month. The City
of Oakland assesses an annual Business Tax on the annual gross rental receipts received by property owners at a rate of
1.395. In addition to paying rent, as specified in this section, and beginning on the first date of this Agreement, Residents
shall pay to Owner, in advance concurrently with the payment of rent, one-twelfth (1112th) of the Oakland Business Tax
due for each calendar year during the Initial Term and any renewal periods of this Agreement in the amount of $84.59.
The amount required to be paid by Residents to Owner for Oakland Business Tax shall be considered as payment of
taxes, and not for the payment of rent. The total monthly sum owed by Residents is $6,148.59. Except as otherwise
provided, rent shall be paid in full and received in advance, with no grace period and without demand, on or before the
1st day of each month ("Due Date") in the form of onUne payment. debit. personal check or certified check. Cash will
not be accepted. Rent and all other sums due to Owner will be payable to Baxter, 4901 Broadway. Oakland. CA
94611, (510\ 907-3887. The usual days and hours when payments may be made personally are: Mon-FRI 9-6. SAT
10-5, 4901 Broadway, Oakland, CA 94611. Payments made will not be held at the request of anyone - all payments
made will be directly deposited. It is Residents' responsibility to be certain that each payment is actually received by
Owner on or before its due date. Use of a rental payment drop box, if one is provided by Owner, is for Residents'
convenience - the risk of receipt of funds by Owner when such box is used is Residents'risk, and not Owner's risk.
If in any month, rent is not paid before the 4th day of the month, payment must be in the form of certified check or
money order. If Owner serves Residents with a notice to pay rent or surrender possession, which Owner may do on any
date after the Due Date, any payment tendered following service of said notice must be in the form of certified check or
money order.
If Residents make any payment by check, it may be converted into an electronic funds transfer (EFT). This means Owner
will copy the check and use the account information on it to electronically debit Residents' account for the amount of the
check. The debit from Residents' account will usually occur within twenty-four (24) hours, and may occur as early as the
same day as Owner receives payment. The debit will be shown on Residents' regular account statement. Residents will
not receive the original check back. Owner will destroy your original check, but will keep a copy of it to the extent required
by applicable laws. If the EFT cannot be processed for technical reasons, Residents authorize Owner to process the copy
in place of the original check. If the EFT cannot be completed because of insufficient funds, Owner may require payment
in certified funds.
4.1. Online Payments. Residents are permitted to make rent payments via an online web-based service.
Payment of rent online, while such service is provided by Owner, is for Residents' convenience - the risk of receipt of
funds by Owner when such service is used is Residents', and not Owner's, risk. Furthermore, Residents hereby agree not
to chargeback any rent payments made by credit card, debit card, EFT, ACH or any other electronic means to Owner.
Owner and Residents agree that when Residents chargeback rent payments in such a manner, the actual cost to Owner
is difficult or impossible to ascertain, but the Parties agree that Owner does, in the event of such chargebacks, incur
certain costs, such as additional bookkeeping and administrative charges, and bank charges relating to the chargeback,.
After making a reasonable endeavor to estimate accurately the approximate costs associated with such a breach, which
the Parties agree is difficult or impossible to ascertain, the Parties agree that, any time Residents chargeback a payment
made by electronic means, Residents shall pay Owner a sum of lliJ!ll for the chargeback, as stipulated liquidated
damages, as both Residents and Owner hereby agree that the amount of damages Owner will be forced to endure in the
event of such a chargeback. In the event of such a chargeback, Residents shall pay the rent, liquidated damages and any
other applicable charges and fees then due by certified check or money order. If one (1 \ or more payments submitted
by Residents are charged back in any twelve /12} month period, Residents shall be required to pay all future rent and
other charges by certified check or money order. Owner shall not require any form of electronic funds transfer to be the
only form of payment.
4.2. Pro-Ration. In all instances where a pro-rated amount of rent is computed during this tenancy, the actual
days in the month for which the pro-ration is computed will be used. In the event of unlawful detainer or other
litigation where the court is called upon to determine the fair market rental value of the Leased Premises, the Parties
agree that, unless alleged otherwise in the complaint and proved otherwise at trial, the rental value for any entire month
shall be the then current contract rental rate for that month, and the pro-rated daily rental amount for any number of days
less than one full month shall be the then current contract monthly rental rate divided by the actual number of days in
the month for which daily rental value is being computed.

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5. LATE PAYMENTS AND FEES. Owner and Residents agree that it is and will be impracticable and extremely difficult
to fix the actual damages suffered by Owner in the event Residents make a late payment of rent, or when Residents
make a payment that is subsequently dishonored by the bank, but the Parties agree that Owner does, in the event of late
payment or in the event of a dishonored check, incur certain costs, such as additional bookkeeping and administrative
charges, bank charges, and lost opportunity costs of the late payment. After making a reasonable endeavor to estimate
accurately the approximate costs associated with such a breach, the Parties agree that the below charges represent a
reasonable approximation of the damages Owner is likely to suffer from a late or dishonored payment. Owner and
Residents further agree that this provision does not establish a grace period of the payment of rent, and that Owner may
give Residents a written notice to pay or quit the Leased Premises in accordance with State law at any time after the
payment is due. Owner shall have all remedies under the law and this Agreement in the event Resident fails to timely pay
the rent or other amounts owed. At Owner's sole discretion, Owner may report any delinquent rent or other amounts
owed to a credit reporting agency.
5.1. Late Payments. If Residents have not paid the full rent payment before the 4th day of the month,
Residents shall pay a sum of $75.00, as stipulated liquidated damages for the amount of damages Owner will be forced
to endure in the event of rent being paid late.
5.2. Dishonored Payments. Residents shall pay Owner a sum of $25.00 for the first returned payment and a
sum of $25.00 for any additional returned payments, as stipulated liquidated damages, as both Residents and Owner
hereby agree that the amount of damages Owner will be forced to endure in the event of such returned payments. In the
event of a dishonored payment, Residents may, at Owner's option, be required to pay the rent and applicable late
charges by certified check or money order. If ~ or more payments submitted by Residents are, for any reason
whatsoever, dishonored by the financial institution upon which it is drawn in any twelve (12) month period, Residents
shall be required to pay all future rent and other charges by certified check or money order plus any and all costs
required in the collection of said payments.
6. PAYMENTS. Owner is not obligated to accept partial payments of rent or other charges after the expiration of a Notice
to Pay Rent or Quit or Notice to Perform Covenant or Quit. Except for rent, all charges are due immediately and to be
paid upon Owner's demand. To the extent allowed by law, Owner may first apply payments received to any unpaid
amounts other than rent, and/or Owner may apply payments received to the oldest amounts due from Resident before
applying any payments to current amounts due, all irrespective of any written or verbal requests by Residents or when
the charges may have accrued. To the extent that payments are made by Residents that Owner first applies to prior to
Residents' prior amounts due, and the payments are not in amount to also cover Residents' current amounts due,
Residents are advised and acknowledge that such a shortfall in the amounts paid can be subject to the provisions
regarding late payments as specified above.
6.1. Third-Party Payments. Owner or Owner's agent is not required to accept the rent payment tendered by a
third party unless the third party has provided to Owner or Owner's agent a signed acknowledgment stating that they are
not currently a resident of the Leased Premises for which the rent payment is being made and that acceptance of the rent
payment does not create a new tenancy with the third party. Failure by a third party to provide the signed
acknowledgment to Owner or Owner's agent shall void the obligation of Owner or Owner's agent to accept Residents'
rent tendered by a third party. Owner may provide a form acknowledgment to be used by third parties for such payments
and owner will accept an acknowledgment which is substantially similar to the acknowledgment provided for by California
Civil Code Section 1947.3. Owner or Owner's agent may require a signed acknowledgment for each rent payment made
by the third party.
7. COMPLIANCE WITH RULES, LAWS, AND REGULATIONS. Residents acknowledge receipt of a copy of the
Residential Community's Policies and Rules (the "Rules"), which are incorporated into and made a part of this
Agreement. Residents agree to abide by said Rules in all respects. Owner may make reasonable changes to the Rules
with a thirty (30) day notice, and Residents agree to abide by such. Owner and Residents agree that failure to comply
with the Rules shall be deemed a material breach of this Agreement.
Residents further agree to comply with all signs posted by Owner in and around the common areas of the Residential
Community including, but not limited to, parking areas and amenity areas. Owner may revoke the privilege of using any
amenity by any Resident, household member, guest or invitee at the Residential Community if such persons fail to abide
by posted signs or Rules relating to the amenity area and Residents shall not be entitled to any rent reduction or offset if
the loss of amenity privileges is the result of the conduct of Residents, Occupants, or of Residents' household members,
guests, or invitees.
7.1. Compliance with Applicable Laws and Responsibility for Fines. Residents shall not put the Leased
Premises, or any common areas associated therewith or the Residential Community to any use that violates locai zoning
ordinances or any other law applicable to and about the Leased Premises. Residents are responsible for being familiar
with all such laws and government guidance governing Residents' conduct in the Leased Premises and the Residential
Community, including, but not limited to laws, orders, and guidelines regarding "Spare the Air" limitations,

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social-distancing requirements, water conservation orders, noisy/unruly gatherings and social host responsibilities.
Residents agree to reimburse and indemnify Owner for all fines or other penalties incurred by Owner as a result of the
violation of any statute, ordinance, regulation or other governmental restriction by Residents, any members of their
household, occupants, guests, licensees or invitees.
7.2. Conduct of Residents. Residents agree not to harass, assault, annoy, victimize, or endanger any other
resident or person, or create or maintain a nuisance, or disturb the peace or solitude of any other resident, or commit
waste in or about the Leased Premises. Residents are responsible for the conduct of any members of their household,
occupants, guests, licensees or invitees while they are at the Residential Community. Residents further agree not to
harass, verbally abuse, assault, denigrate or otheiwise disrespect Owner, Owner's employees, agents and/or contractors
or interfere with their lawful access to the Leased Premises and related common areas, or otherwise interfere with
Owner's business operations. Owner and Residents agree that failure to abide by this policy can constitute a non-curable
breach of this Agreement and may result in its termination.
Certain acts are considered to be contrary to the safety, well-being, peace, and enjoyment of the other residents of the
Residential Community, and therefore, Owner and Residents agree will be considered to be a breach of this Agreement.
These include, but are not limited to: the use, possession or sale of illegal drugs or controlled substances; operating
drones, with cameras or other photograph or video capability, or any other flying remote-controlled device with such
capabilities in any common areas of the Residential Community; lighting fireworks, smoke bombs, firecrackers, flares,
sparklers, or any other noise, smoke, flame or spark-creating item or novelty in or about the Leased Premises or the
Residential Community; the carrying or exhibiting of firearms on the Residential Community; violating this Agreement, the
Rules, or fire, safety, health, or criminal laws and regulations; being convicted for an offense involving actual or potential
physical harm to a person or property, or involving possession, manufacture, or delivery of a controlled substance, or
drug paraphernalia, including a misdemeanor, occurring at the Residential Community. These acts are prohibited and
good cause for terminating this Agreement. The carrying or exhibiting of firearms may be permitted with written consent
of Owner if doing so is required by law or job necessity.
8. MULTIPLE RESIDENTS OR OCCUPANTS. Owner and Residents agree that Residents will be in material breach of
this Agreement if any Resident, Occupant, or guest (whether invited or uninvited) violate any of the terms of this
Agreement or the Rules. Residents are jointly and severally liable for all obligations arising under this Agreement whether
or not they remain in actual possession of the Leased Premises. Notices or demands from Owner that are served upon
any Resident, Occupant or guest are deemed validly served upon all Residents. Each Resident agrees and is deemed to
be an agent for service of process for all other Residents in eviction proceedings,
8.1. Replacements and Subletting. Without the prior written approval of Owner, replacing Residents or
subletting the Leased Premises is strictly prohibited. A replacement of Residents or sublease will be subject to Owner's
policies and rental criteria, reimbursement of Owner's expenses in connection with the replacement or sublease, and final
approval by Owner of Residents' replacement or sublessee. Residents who are replaced or sublet the Leased Premises
will continue to be liable for all of Residents' obligations of this Agreement unless specifically released by Owner.
Replaced Residents and Sublessors relinquish their rights to a refund of the security deposit, and their right to possess or
otherwise occupy the Leased Premises. Any attempt to replace any Residents or sublet the Leased Premises without
Owner's prior written consent will be void. Residents shall not assign this Agreement.
8.2. Assignment by Owner. Owner may transfer or encumber Owner's interest in the Residential Community
or the Leased Premises at any time during this tenancy. After Owner transfers their interest to the transferee, residents
must look solely to Owner's transferee for performance of Owner's obligations relating to the period after the transfer,
including the accounting and/or return of any security deposit. residents' obligations under this agreement will not be
affected by any transfer of Owner's interest in the residential community or the leased premises. residents' rights in the
leased premises are subject to and subordinate to any existing or future recorded deed of trust, easement, lien or
encumbrance, if a lender forecloses on the residential community, residents agree to recognize the purchaser as the
owner under this agreement if residents are requested to do so.
8.3. Short Term Rentals. Residents are prohibited from offering all or part of the Leased Premises for
short-term rental, such as through AirBNB, VRBO or other such sites. Use of short-term rentals includes advertising, and
any and all other activities involved in locating short term renters and or disseminating information of, and regarding, the
possible availability of the Residential Community for any apartment for the rental by short-term or transient occupants on
sites such as Expedia, Priceline, hotels.com, booking.com, AirBNB or other similar locator websites, or web-based,
electronic media, or private websites for individuals or companies. Any person who is not a Resident or a member of their
household, who occupies any portion of the Leased Premises, for any period of time whatsoever, for any compensation
or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other
goods, services, or property occupancy rights) is not an Occupant or guest or invitee. This constitutes attempted
subletting or assignment under this Agreement.
9. USE OF LEASED PREMISES AND COMMON AREAS. Residents shall promptly notify Owner in writing of any

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defective or potentially defective conditions, in the Leased Premises, or in the Residential Community. Residents shall not
store or leave about any unattended personal property in any common area associated with the Leased Premises at any
time without the express written consent of Owner or Owner's authorized agents. Residents agree to not do anything
directly or indirectly in or about the Leased Premises that would otherwise cause any of Owner's insurance premiums to
increase or insurance policies to be canceled. Nothing set forth herein shall be deemed as disallowing any use of the
Leased Premises that cannot legally be prohibited.
Residents further agree to the following: 1) Residents must keep the Leased Premises and areas reserved for private use
clean and sanitary; 2) trash must be disposed of at least weekly in appropriate receptacles; 3) passageways may be used
only for entry or exit; 4) amenity areas must be used with care in accordance with the Rules and posted signs; 5) glass is
prohibited in all common areas; 6) conducting business of any kind in the Leased Premises or the Residential Community
is prohibited without Owner's prior written consent--any lawful business conducted at home by computer, mail, or
telephone is permissible if customers, clients, patients, or other business associates do not come to the Leased Premises
for business purposes; 7) Businesses allowed in a home by State statute will be permitted to the extent mandated by
applicable law with proper licensing and notification provided to Owner in advance of the operation of the business; and
8) Owner may exclude from the Residential Community guests or others, who in Owner's judgment, have been violating
the law, violating this Agreement or any Rules, which includes anyone who is disturbing other residents, neighbors,
visitors, or Owner's representatives. Owner and Residents agree that any violation of these provisions shall be deemed a
material breach of this Agreement and shall entitle Owner to serve Residents with notice to cure said breach and/or
terminating the tenancy depending upon the severity of said breach.
10. LEASED PREMISES AND FURNISHINGS. Residents acknowledge that, prior to taking possession, Residents have
been given the opportunity to inspect the Leased Premises. Residents acknowledge that the Leased Premises are in a
clean and good condition including painted surfaces, carpets, flooring, all furniture, furnishings, fixtures, equipment and
appliances. It shall be conclusively presumed that said Leased Premises and all items, appliances and fixtures contained
therein are in good working condition, unless Residents deliver a contrary statement in writing to Owner prior to or on the
starting date of this Agreement. Each new Resident has confirmed in writing the condition of the Leased Premises on the
Move-in/Move-out inspection form. This form is designed to record the condition of the Leased Premises at the time of
move-in and to help determine the final disposition of the security deposit after terminating residency. Residents agree to
diligently maintain the Leased Premises, be responsible for the proper care of any and all furniture, furnishings, fixtures,
appliances and equipment therein, and to keep the Leased Premises in a neat, clean and sanitary condition. Residents
promise to return the Leased Premises and all furniture, furnishings, fixtures, equipment and appliances to Owner in the
same condition at the time Residents vacate the Leased Premises as when first rented, less normal wear and tear. The
Leased Premises will be furnished with the following items: Refrigerator Stove/Oven Garbage Disposal Dishwasher
Washer Dryer.
All appliances are installed per manufacturers' specifications and may be anchored. Residents shall not move, un-hook,
or relocate any appliance connected to a gas/water source or floor drain connection at any time. Residents agree to
promptly notify in writing (service request form) or by electronic written notification to Owner any defects, dilapidations,
dangerous conditions, or other needed repairs as said conditions become evident. Residents agree to immediately
reimburse Owner for any sums incurred by Owner to repair the Leased Premises or any item, fixture, plumbing, appliance
or appurtenance damaged by the misuse or neglect of Residents or any members of their household, occupants, guests,
licensees or invitees.

10.1. Smoke Detectors. Residents acknowledge that the Leased Premises is equipped with operable smoke
detector(s). Residents agree not to interfere with the presence or operability of such smoke detectors and to report
immediately to Owner, in writing, any defects in the condition of any smoke detectors. Residents further agree that if the
smoke detector(s) is battery operated, pursuant to California Civil Code Section 1942.1, as part of the consideration of
the rental, Residents assumes responsibility to: (a) ensure the battery is in operating condition at all times; and (b)
replace the battery as needed. Under no circumstances shall Residents remove the battery of a smoke detector without
immediately replacing the battery with a new one.
10.2. Carbon-Monoxide Devices. If a carbon-monoxide device has been installed within the Leased
Premises, Residents acknowledge that the carbon-monoxide device was operable at the time Residents took possession
of the Leased Premises. Residents are responsible for notifying Owner if Residents becomes aware of an inoperable or
deficient carbon-monoxide device within the Leased Premises. Owner shall correct any reported deficiencies or
inoperabllities in the carbon-monoxide device. Residents agree not to interfere with the presence or operability of any
carbon-monoxide device. Residents further agree that, if the carbon-monoxide device(s) is battery operated, pursuant to
California Civil Code Section 1942.1, as part of the consideration of the rental, Residents assumes responsibility to: (a)
ensure the battery is in operating condition at all times: and (b) replace the battery as needed. Under no circumstances
shall Residents remove the battery of a carbon-monoxide device without immediately replacing the battery with a new
one.

Residential Lease Contract - California, Certified Docs TM - Rev. 812022

D o.a. :, B.H.·,
·,nui,102'·
Initial: ~
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10,3. Sprinklers, If the Leased Premises is equipped with fire sprinklers, Residents agree not to interfere with
their operation in any way. The following actions are prohibited: throwing items at the sprinklers, hanging items on the
sprinklers, blocking areas around sprinklers and tapping into or otheiwise blocking water lines to sprinklers. Residents
shall immediately report to Owner any broken or damaged sprinklers in the Leased Premises.
11, UTILITIES, Unless the following is modified by a separate addendum to this Agreement, Owner agrees, at Owner's
expense, to furnish the following utilities to the Leased Premises: None. Residents agree to pay all charges (including
utility deposits) for utilities not supplied by Owner, assessed by the utility provider or Owner, or Owner's designated Billing
Party in connection with Residents' use of utilities during the term of this Agreement, or the period of occupancy by
Residents, whichever is longer. During the Initial Term or any renewal period of this Agreement, Residents shall not allow
utilities to be disconnected - and shall pay all utility bills on time, Residents shall not waste utilities supplied by Owner.
Residents shall properly use all electrical, gas and plumbing fixtures and appliances. Residents shall not install or operate
any additional equipment or appliance including but not limited to additional refrigerators and freezers, a dishwasher,
washing machine, clothes dryer or an air conditioning unit in the Leased Premises unless supplied by Owner or with
Owner's prior written approval. Residents will be responsible for the following utilities: Electric, Gas, Water, Sewer,
trash, and Storm prain.
Owner may modify the method by which the utilities are furnished to the Leased Premises or billed to Residents during
the term of this Agreement. In the event of interruption or failure of utility services that Owner is required to furnish, Owner
shall use reasonable diligence in its efforts to restore such services. Owner shall not be liable for any damages directly or
proximally caused by interruption or failure of utility service unless such interruption or failure of utility service is solely
due to Owner's failure to pay to the service provider for the provision of such services to the Leased Premises.
Without waiving any rights with respect to application of payments set forth in Section 6 above, Owner reserves the right,
at any time a past due balance is owing on the utilities, to apply any and all funds received from Residents, including
funds paid as rent, first to the past due balance and then any remaining funds will be applied to Rent. Residents agree to
this allocation of funds despite any limiting or restrictive endorsement contained on the payment. Further, if Residents fail
to pay any utility charges that are to be paid by Residents, Owner may, at its option, pay such charges in full to retain
continuing utility services and bill Residents such charges as additional rent together with the regular monthly rental
payment on the 1st day of the month next following the date of such billing. When Residents move from the Leased
Premises, the utility charges will be charged to and deducted from the security deposit. It is understood and

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Document Filed Date

February 13, 2024

Case Filing Date

February 13, 2024

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Complaint,Petition: BAXTER APARTMENTS, LLC vs HAWKINS, et al.

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