Miscellaneous: FRG MV PINE, LLC VS. AHMED GAMAL ET AL

On April 17, 2024 a Miscellaneous was filed involving a dispute between Frg Mv Pine, Llc, and Does 1-10, Inclusive, Gamal, Ahmed, Mansour, Maha, for UNLAWFUL DETAINER - RESIDENTIAL in the District Court of San Francisco County.

Preview
i SUM-130
SUMMONS—EVICTION
‘ONLY
(CITACION JUDICIAL—DESALOJO) (s0L0 PARA USO DE, ‘LA CORTE)
UNLAWFUL DETAINER / FORCIBLE DETAINER / FORCIBLE ENTRY
(RETENCION ILICITA DE UN INMUEBLE / RETENCION FORZOSA / ENTRADA FORZOSA)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
AHMED GAMAL, MAHA MANSOUR, and DOES 1-10, inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
FRG MV PINE, LLC

NOTICE! You have been sued. The court may decide jAVISO! Usted ha sido demandado. Si no responde dentro de 5 dias,
against you without your being heard unless you respond el tribunal puede emitir un fallo en su contra sin una audiencia. Una
within 5 days. You have 5 DAYS, not counting Saturdays vez que le entreguen esta citacién y papeles legales, solo tiene 5
and Sundays and other judicial holidays, after this summons DIAS, sin contar sébado y domingo y otros dias feriados del tribunal,
and legal papers are served on you to file a written response para presentar una respuesta por escrito en este tribunal y hacer que
at this court and have a copy served on the plaintiff. If this se entregue una copia al demandante. Si la presente citacién le ha
summons was served through the Secretary of State's Safe sido entregado a través del programa de direccién confidencial del
at Home address confidentiality program, you have 10 days Secretario de! Estado Seguro en Casa, tiene 10 dias después de la
from the date of service, not counting Saturdays and fecha de entrega, sin contar sabado y domingo y otros dias feriados
Sundays and other judicial holidays, to respond. del tribunal, para responder.

A letter or phone call will not protect you. Your written Una carta o una llamada telefénica no lo protege. Su respuesta por
response must be in proper legal form if you want the court escrito tiene que estar en formato legal correcto si desea que procesen
to hear your case. There may be a court form that you can su caso en la corte. Es posible que haya un formulario que usted
use for your response. You can find these court forms and pueda usar para su respuesta. Puede encontrar estos formularios de la
more information at the California Courts Online Self-Help corte y mas informacion en el Centro de Ayuda de las Cortes de
Center (www.courts.ca.gov/selfhelp), your county law library, California (www.sucorte.ca.gov), en la biblioteca de leyes de su
or the courthouse nearest you. If you do not file your condado o en la corte que le quede mas cerca. Si no presenta su
response on time, you may lose the case by default, and respuesta a tiempo, puede perder el caso por falta de comparecencia y
your wages, money, and property may be taken without e le podra quitar su sueldo, dinero y bienes sin mas advertencia.
further warning from the court.

There are other legal requirements. You may want to call an Hay otros requisitos legales. Es recomendable que llame a un abogado
attorney right away. If you do not know an attorney, you may inmediatamente. Si no conoce a un abogado, puede llamar a un
want to call an attorney referral service. If you cannot afford servicio de remisi6n a abogados. Si no puede pagar a un abogado, es
an attorney, you may be eligible for free legal services from posible que cumpla con los requisitos para obtener servicios legales
a nonprofit legal services program. You can locate these gratuitos de un programa de servicios legales sin fines de lucro. Puede
nonprofit groups at the California Legal Services website encontrar estos grupos sin fines de lucro en el sitio web de California
(www.lawhelpca.org), the California Courts Online Self-Help Legal Services, (www.lawhelpca.org/es), en el Centro de Ayuda de las
Center (www.courts.ca.gov/selfhelp), or by contacting your Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto
local court or county bar association. con la corte o el colegio de abogados local.

FEE WAIVER: If you cannot pay the filing fee, ask the clerk EXENCION DE CUOTAS: Si no puede pagar la cuota de presentaci6én,
for a fee waiver form. NOTE: The court has a statutory lien pida al secretario de la corte que le dé un formulario de exencién de
for waived fees and costs on any settlement or arbitration pago de cuotas. AVISO: Por ley, la corte tiene derecho a reclamar las
award of $10,000 or more in a civil case. The court's lien cuotas y los costos exentos con un gravamen sobre cualquier monto de
must be paid before the court will dismiss the case. $10,000 6 més recibido mediante un acuerdo o una concesién de
arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de
la corte antes de que la corte pueda desestimar el caso.

CUD
2a 0748 10
The name and address of the court is:
(El nombre y direccién de la corte es):
Civic Center Courthouse
400 McAllister Street, San Francisco, CA 94102

The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (E/ nombre, la direccién y el
numero de teléfono del abogado de! demandante, o del demandante que no tiene abogado, es):
Mark B. Chernev, Zacks & Freedman, PC, 601 Montgomery Street, Suite 400, San Francisco, CA 94111

Page 1 of 2
Form Adopted for Mandatory Use SUMMONS—EVICTION Codeof Civil Procedure, §§ 412.20, 415.45, 1167
Judicial Council of California www.courts.ca.gov
‘SUM-130 (Rev. January 1, 2024) (Unlawful Detainer / Forcible Detainer / Forcible Entry)
SUM-130
PLAINTIFF (Name):FRG MV PINE, LLC
|CASE NUMBER:

DEFENDANT (Name): AHMED GAMAL, MAHA MANSOUR, and DOES 1-10, inclusive

3. (Must be answered in all cases) An unlawful detainer assistant (Bus. & Prof. Code, §§ 6400-6415) [x] did not [) did
for compensation give advice or assistance with this form. (If plaintiff has received any help or advice for pay from an
unlawful detainer assistant, complete item 4 below.)
Unlawful detainer assistant (complete if plaintiff has received any help or advice for pay from an unlawful detainer assistant):

a Assistant's name:
b. Telephone no.:
c, Street address, city, and zip:

d. County of registration:
e. Registration no.:
f. Registration expires on (date): DAEJA ROGERS
:
Date:
APR 17 2024 Clerk, by
wbuy,
, Deputy
(Fecha) (Secretaric (Adjunto)
eA
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons (form POS-010).)

SS 5. NOTICE TO THE PERSON SERVED: You are served
CALyeS . [] as an individual defendant.
. [__] as the person sued under the fictitious name of (specify):
LE rs Ko * . [] as an occupant.
|. [__] on behalf of (specify):
(iS LD
yi & under [__] CCP 416.10 (corporation). [J CCP 416.60 (minor).
o
Sh SS [5] CcP 416.20 (defunct corporation).
[J CCP 416.40 (association or partnership).
{J CCP 416.70 (conservatee).
[__] CCP 416.90 (authorized person).
oF SS [) cep 415.46 (occupant). [-] other (specify):
. by personal delivery on (date):

‘SUM-130 [Rev. January 1, 2024] SUMMONS—EVICTION Page 2 of 2
(Unlawful Detainer / Forcible Detainer / Forcible Entry)
FIL
‘Superior Cour of>t Califomla
‘San Francisco

en
Mark B. Chernev (SBN 264946) APR 17 2024
Lisa K. Padilla (SBN 225665)
ZACKS & FREEDMAN, PC
601 Montgomer: Street, Suite 400
San Francisco, A
Tel: (415) 956-8100
Fax: (415) 288-9755 DAEJA ROGERS
Attorneys for Plaintiff,
FRG MV Pine, LLC
SUPERIOR COURT - STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION
FRG MV PINE, LLC. Case No.
CUD 24-6748 1
Plaintiff, COMPLAINT FOR UNLAWFUL
10 DETAINER
VS.
Su ll
a
AHMED GAMAL, MAHA MANSOUR, and
ES
ops
12
DOES 1-10, inclusive,
as
13
Defendants.
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15 Plaintiff, FRG MV Pine, LLC, (“Plaintiff”), alleges as follows:
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16 1 Plaintiff FRG MV Pine, LLC is a California limited partnership, licensed to do
2g
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Sa business in the State of California, and is in full compliance with the filing and publication
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requirements set forth in the Business & Professions Code. Plaintiff is the owner the premises
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located at, and commonly referred to as, 899 Pine Street, #1205, San Francisco, CA 94108
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(“Premises”) which is the subject of this action, also located within San Francisco County and
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Judicial District. Plaintiff does business under the name “The Pinnacle at Nob Hill” and is in
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full compliance with all fictitious name registration and reporting requirements. Plaintiff is
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authorized to bring this action.
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2. Defendants Ahmed Gamal and Maha Mansour, (“Defendants”) are each an
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individual over 18 years of age, who are residents of San Francisco, California, and who are in
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possession of the Premises. Defendants currently occupy, or claim some right to occupy, the
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Premises.
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COMPLAINT FOR UNLAWFUL DETAINER.
3 Plaintiff does not know the true names or capacities of defendants named herein

as Does 1-10, and therefore sues these defendants by fictitious names under the provisions of

the Code of Civil Procedure §474. Plaintiff will amend this complaint to allege their true

names and capacities when ascertained.
4 On or about August 23, 2021, Defendants entered into lease agreement

(“Lease”) with Plaintiff for use of the Premises which was written. A true and correct copy of
that Lease agreement is attached as Exhibit A. Defendants have tendered rent to Plaintiff

pursuant to that Lease. A landlord-tenant relationship therefore exists between Plaintiff and

Defendants.
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5 The terms of the Lease require Defendants to pay monthly rent for the use and
Sa ll
occupancy of the Premises in the amount of $3,550.42 and invoiced utilities as additional
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as monthly rent, payable on or before the first day of each month.
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6 As of April 10, 2024, Defendants had failed to pay Plaintiff rent in the amount
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of $7,493.31 as due within a twelve-month period under the terms of the Lease, and for the
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period between March 2024 and Apri! 2024.
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AZ 7 On April 10, 2024, Defendants were served with a written three-day notice to
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pay rent or quit the Premises (“Notice”). The Notice required Defendants to either deliver up
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possession of the Premises within three days after service (excluding weekends and holidays)
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of the Notice or pay the rent demanded therein within that same time. All facts stated in the
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Notice are true and correct. The Notice included an election of forfeiture. A true and correct
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22 copy of that Notice is attached as Exhibit B. A true and correct copy of the Proof of Service

23 regarding the Notice is attached as Exhibit C.

24 8 On April 13, 2024 Plaintiff accepted from Defendants a partial payment of the

25 rent demanded in the Notice in the amount of $3,900 which was actually received by Plaintiff.

26 The difference between the amount demanded in the Notice and the payment actually received

27 is $3,593.31.

2
COMPLAINT FOR UNLAWFUL DETAINER
9 At the end of the day April 15, 2024, the Notice period had expired. Defendants

failed to comply with the requirements of the Notice before the time of expiration, and

Defendants remain in possession of the Premises without the authority or consent of Plaintiff.

10. At the time the Notice was served, the amount of rent due for the period of

March 2024 through April 2024 was $7,493.31. At the time of the expiration of the Notice, the

difference between the amount demanded in the Notice and the payment actually received was

$3,593.31. The fair rental value for the Premises is $150 per day, and damages for the

unlawful detainer of the Premises will accrue at that rate from April 16, 2024 until the date of

judgment.
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11. Defendants have failed to pay the rent which the landlord is lawfully entitled
Su ll
Fa under the written agreement between the tenant and the landlord.
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a 12. Defendants’ failure to pay the rent demanded in the Notice is not based on an
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inability to pay the rent because of the financial impacts of the COVID-19 pandemic as set
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5 6 forth in San Francisco Administrative Code Chapter 37.9(a)(1)(D), and Defendants’ failure to
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pay the rent demanded in the Notice did not arise out of a substantial decrease in household
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Of income (including, but not limited to, a substantial decrease in household income caused by
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Ba layoffs or a reduction in the number of compensable hours of work, or substantial out-of-
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pocket expenses), that was caused by the COVID-19 pandemic, or by any local, state, or
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federal government response to COVID-19, which was documented by Defendants.
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13. Plaintiff's dominant motive for recovering possession of the Premises is that
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Defendants have failed to pay the rent which Plaintiff is lawfully entitled under the lease
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agreement between the Plaintiff and Defendants.
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WHEREFORE, Plaintiff prays for judgment against Defendants for:
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1 Restitution and possession of the Premises from Defendants;
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2. Forfeiture of the Lease;
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3 The balance of the rent demanded in the Notice from Defendants;
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Unlawful detainer damages of $150 per day according to proof;
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3.
COMPLAINT FOR UNLAWFUL DETAINER
5 Costs of suit herein incurred; and

6 Such other and further relief as the Court may deem just and proper.

DATE: April 17, 2024

)
Mark B. Chernev
/ Attorneys for Plaintiff

ORIGINAL
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4.
COMPLAINT FOR UNLAWFUL DETAINER
VERIFICATION

I, Mark Pantig, declare:

I am the authorized agent for FRG MV Pine, LLC, Plaintiff in this action, and Tam

authorized to execute this Verification and bring this Complaint. | have read the foregoing

Complaint for Unlawful Detainer. I am informed and believe that the matters stateditherein are
i
true of my own knowledge, except as to the matters which are therein stated on information or

belief, and as to those matters, I believe them to be true. I declare under penalty of perjury

under the laws of the State of California that the forgoing is true and correct, and that this was
10
executed in San Francisco, California on April _! 7 2024.
Sa ll
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13 Mark Pantig

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FAX SIGNATURE
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=.
COMPLAINT FOR UNLAWFUL DETAINER
EXHIBIT A
San Francisco Apartment Association Residential Tenancy Agreement
1. INTRODUCTION RG MV Pine LLC dba The Pinnacle at Nob Hill (Owner) rents to: Ahmed Gamal and Maha
Mansour ("Tenant") and Tenant agrees to rent 899 Pine Street #1205, San Francisco, CA 94108, California, (the
“Premises"). No other portion of the Building (the "Building"), where the Premises is located, is included for lease unless
expressly provided for in this Residential Tenancy Agreement (the "Agreement"). The Premises is provided as
Unfurnished or Q Furnished (See attached Furniture Inventory). The appliances provided at inception of the tenancy are
described as
Dishwasher & Garbage Disposal & Microwave &Range/Oven & Refrigerator OQ Washer/Dryer
TERM The term of this rental shall begin on August 23, 2021 and end on August 31, 2022, and thereafter shall be
month-to-month on the same terms and conditions as stated herein, save any changes lawfully made until terminated.
3. PHYSICAL POSSESSION: If Owner is unable to deliver possession of the Premises at the commencement of term,
Owner shall not be liable for any damaged caused thereby, nor shalt this Agreement be void or voidable, but Tenant shall
not be liable for any rent until possession is delivered.
RENT: The initial monthly base rent for the Premises shall be US $3,550.00. All rent is due and payable in advance on
the 1st day of each and every month (the "Due Date") without offsets, deductions or credits. All rent shall be payable to
Owner or such other person as Owner shall designate in writing. Tenant agrees always to pay rent by personal check,
cashier's check, or money order and not use cash unless specifically requested by Owner. Rent shall be paid to Owner at
the following address 899 Pine Street, San Francisco, CA_94108 during normal business hours, or at such other place
designated by Owner. In the event of roommates, or another form of multiple occupancy, Tenant understands and agrees
that rent shall be paid with a single payment and that it is up to Tenant to collect individual checks independently in order
to submit in a combined, single payment. Nothing in this Paragraph shall be construed as a direction by Owner to make
Payment in a particular manner; instead, it is a promise by Tenant to pay in the manner set forth herein. Tenant bears the
tisk of loss or delay of any payment made by mail. Owner must receive mailed rent payments on or before the Due Date.
Rent for any partial month shall be prorated at the rate of 1/30th of the monthly rent per day. Owner may apply any
payment made by Tenant to any obligation of Tenant to Owner notwithstanding any dates or other direction from Tenant
that accompanies such payment. Any attempt by Tenant to allocate a payment in any other way shall be null and void,
including the use or application of restrictive endorsement on the face of any check. Owner will accept rent payments only
from the actual Tenant(s). No third party checks will be accepted, nor shall Owner be liable to Tenant in any way as a
result of refusing any third party check. Should Owner elect to accept a third party check such acceptance shall not be
construed as a waiver of this provision.
SECURITY DEPOSIT: Before the commencement of the term, Tenant shall pay a security deposit of $1,000.00 (the
"Security Deposit") for the purposes set forth in Civil Code Section 1950.05. No trust relationship between Owner and
Tenant is created because of the Security Deposit and Owner may commingle the Security Deposit with other funds of
Owner. Owner may retain such amounts of the Security Deposit as allowed by law including, but not limited to, amounts
required to remedy future defaults by Tenant in any obligation under this Agreement to restore, replace, repair, or return
personal property or appurtenances, exclusive of ordinary wear and tear. Owner shall, within the time period allotted by
law, refund any balance after such deductions, to Tenant, after Tenant has vacated the Premises. Tenant shall not be
deemed to have vacated the Premises for purposes of this Paragraph until a) Tenant returns to Owner all keys to the
Premises, and b) Tenant has surrendered the Premises to Owner free and empty of all persons claiming any right to
posses the Premises. Any balance of the Security Deposit and an Accounting of any deductions therefrom will be mailed to
Tenant at the Premises unless Tenant provides, in writing to Owner, a mailing address to which the balance, if any, of the
Security Deposit and the accounting should be sent. Owner's check or other draft refunding any balance of the Security
Deposit maybe made in the name of any or all of the original Tenants regardless of the party who in fact made the deposit
and regardless of the identity of the persons then occupying the Premises. Tenant may not apply the Security Deposit, or
any portion thereof, to the last month's rent. If required by law, Owner shall pay to Tenant simple interests as directed by
‘such law, less deductions, on the amount held as a Security Deposit, provided this tenancy does not terminate before the
Security Deposit has been held for one (1) year. Said payment of interest shall be made once a year commencing with the
date of the Security Deposit has been held for a year. Upon Tenant's surrender of the Premises, Owner may use from the
accrued unpaid interest such amounts as are necessary for the purposes. Accrued unpaid interest or balance thereof, if
any, shall be mailed to the Tenant's last known address in the same manner as any refund of the Security Deposit.
Owner may increase the Security Deposit to the maximum allowed by law at any time with notice. The parties agree that
the Security Deposit is not rent and therefore not subject to any local rent control law. If Owner applies any portion of the
Security Deposit to any obligations of Tenant at any time during the tenancy, Tenant must, upon thirty (30) days written
notice, reinstate the Security Deposit to its full original amount. Owner may apply the Security Deposit during the term of
the tenancy for any purpose allowed by law, and in such case, upon thirty (30) days' written notice to tenant, Tenant shall
restore the Security Deposit to the full amount provided herein.
INITIAL AMOUNTS DUE:
The following initial amounts are due under this Agreement as specified: '
CATEGORY TOTAL DUE PAYMENT. RECEIVED TO BALANCE DUE |} BALANCE DUE,
DATE BY LANDLORD DATE
Security Deposit $1,000.00 $1,000.00 $0.00 8/23/2021
Prorated Rent from 8/23/202 $1,065.00 $0.00 $1,065.00 8/23/2021
through 8/31/2021.
If any concessions have been
granted to Resident for any portion
of this time period, the amount
above is the Prorated Base Rent
due after application of the
concession amount.
One-Time Concession (First Month) -$1,775.00 $0.00 -$1,775.00 8/23/2021
Application Fee $101.88 $101.88 b $0.00 =
TOTAL $391.88 $1,101.88 $-710.00 8/23/2021
The payments described above must be made by: & Money Order & Cashiers Check OCash O Personal Check

2ND MONTH AMOUNTS DUE. The following initial amounts are due under this Agreement as specified:
CATEGORY TOTAL DUE PAYMENT RECEIVED BALANCE DUE | BALANCE DUE
DATE
Base Rent from September 4 $3,550.00 $3,550.00 9/1/2021
2021 through September
30, 2021.
If any concessions have been
granted to Resident for any portion
of this time period, the amount
above is the Base Rent due after
the application for the concession
amount.
TOTAL $3,550.00 - $3,550.00 9/1/2021
The payments described above must be made by: & Money Order Cashiers Check Q1Cash O Personal Check
6. FAILURE TO PAY: Pursuant to Civil Code 1785.26, Tenant is hereby notified that a negative credit report reflecting on
Tenant's credit record may be submitted to accredit reporting agency if Tenant fails to fulfill the terms of their credit
obligations, such as the financial obligations of this Agreement.
LATE PAYMENTS: Tenant and Owner agree that Owner will sustain costs and damage as a result of any late payment
of rent but that it will be impracticable or extremely difficult to fix the actual damage. Therefore, the following sum
represents a reasonable and fair estimate by Owner and Tenant of the actual damage that would be sustained. Tenant
agrees to pay a late charge equal to US $50.00 for any payment of rent not received by Owner within 3 calendar days of
the Due Date. The provision of payment of a late charge does not constitute a grace period, and Owner may serve a
Three-Day Notice to Pay Rent or Quit on the day after the Due Date. Owner and Tenant agree that Tenant paying rent late
on 3 separate occasions within any 12-month period shall constitute habitual late payment of rent. The late charge
shall be imposed for failure to pay any portion of the rent, including those portions allocated to parking and storage.
RETURNED CHECKS: Tenant and Owner agree that Owner will sustain costs and damage as a result of a check which
is not honored by the bank on which it is drawn, for any reason, but it will be impracticable or extremely difficult to fix the
actual damage. Therefore, the following sum represents a reasonable and fair estimate by Owner and Tenant of the actual
damage that would be sustained. Tenant agrees to pay to Owner the additional sum of US $35.00 as a reimbursement of
the expenses incurred by Owner. A dishonored check shall constitute late payment of rent. Such charges shall be
immediately due and payable upon notice to Tenant. Failure to immediately pay the charges shall constitute a default
under the terms of this Agreement. Owner reserves the right to demand payment of rent by certified funds, cashier's check
or money order for all future payments in the event of any such returned check or any other monetary default Tenant and
rent tendered in any other form may be refused by Owner. Nothing in this Paragraph shall limit other remedies available to
Owners as a payee of a dishonored check. Owner and Tenant agree that returned
three (3) checks in any twelve (12)
month period shall constitute a frequent return of checks due to insufficient funds and may be considered just cause for
eviction.
9. PARTIES TO AGREEMENT: This Agreement is between Owner and each named Tenant who is a signatory to this
Agreement, individually and severally. Named signatory Tenants are jointly and severally responsible for the performance
of their obligations under this Agreement, including the payment of rent until such time as the tenancy in its entirety is
terminated and the Premises relinquished to Owner, regardless of whether any named Tenant occupies the Premises.
10. INDIVIDUAL LIABILITY: Each person who signs this Agreement, whether or not said person is or remains in
possession of the Premises, shall be jointly and severally responsible for the full performance of each and every obligation
of this Agreement, including, but not limited to, the payment of all rent due and the payment of all costs to remedy
damages to the Premises, regardless of whether such damages were caused by Tenant, tenant's guests, or Tenant's
invitees. This joint and several liability applies for as long as any one of the Tenants remains in possession
1 OCCUPANCY: Tenant(s) named in Paragraph 1 of this Agreement and no others is the only "original occupant" who
took possession of the Premises pursuant to this Agreement. "Original occupant" can only be the person or persons, who
took occupancy of the Premises at the inception of the tenancy. All other persons who are not “original occupants" shall be
considered "subtenants". Tenant may have guests on the Premises for no more than fifteen (15) consecutive days or thirty
(30) days in a calendar year, and no more than two (2) guests per bedroom at any one time. Persons staying more than
fifteen (15) consecutive days or more than thirty (30) days in a calendar year shall not be considered original occupants of
the Premises. Tenants must obtain the prior written approval of Owner if an invitee or guest of Tenant will be present at the
Premises for more than fifteen (15) consecutive days or thirty (30) days in a calendar year. Violation of the provisions of
this section shall be deemed a substantial and material breach of this Agreement and is agreed to be a just cause for
eviction.
12. INSPECTION OF PREMISES: Tenant has been provided a Move-In/Move-Out Itemized Statement. Furnishings,
equipment, plumbing, heating and electrical systems including smoke detectors, where applicable, are operative and are
deemed satisfactory by Tenant unless Owner is notified in writing by Tenant to the contrary. The failure by Tenant to return
to Owner an acknowledged copy of the Move-In/Move-Out Itemized Statement within 48 hours after Tenant moves in shall
be an acknowledgement by Tenant that Premises are habitable and in good condition.
13. USE: The Premises shall be used as a permanent, full time dwelling for residential purposes only and for no other
reason. No retail, commercial, or professional use of the Premises shall be made, unless such use conforms with
applicable zoning laws and the prior written consent of Owner is obtained in advance of such proposed use. Tenants may
not store any personal property outside of their assigned dwelling unit unless otherwise allowed by the terms herein
Owner has the right to remove any unlawfully stored items or personal property without notice. You are required to obtain
and maintain RENTER'S INSURANCE with minimum liability of at least $100,000.00 per occurrence and a maximum
deductible of $500.00.
14, NUISANCE: Tenant shall not commit, nor permit to be committed, any waste or nuisance upon, in, or about the
Premises, nor shall Tenant create or permit a substantial interference with the comfort, safety and enjoyment of Owner
and/or other occupants of the Building or their guest or invitees.
15. FINES AND PENALTIES: Tenant is responsible for any fines or other costs occasioned by violations of the law by
Tenant or Tenant's guests on the Premises or property while Tenant is in possession. If any such fines or costs are levied
against Owner/Agent, tenant agrees to pay such fines or costs attributed to Tenant's tenancy or the conduct of Tenant,
tenant's guests or others at the Premises, upon receipt of an invoice from Owner/Agent. The obligation to pay fines and
costs assessed against Owner/Agent may be in addition to any assessed directly against Tenant.
16. ASSIGNMENT & SUBLETTING:
IA] No Assignment or Subletting: Except as Owner is required to permit by law, Tenant may not assign this Agreement or
sublet the Premises or any portion of the Premises. This obligation of Tenant is intended as a strict and absolute
prohibition against subletting and assignment and may not be waived by either party. If for any reason this prohibition

a
is deemed to be invali4,
Vedy-unenfo: ble, then Paragraph 16 (b) shall apply.
Tenant Initial Here: _-22232:_
[B] Consent to Assignment or Subletting Required: Tenant agrees and covenants not to assign this Agreement or sublet
the Premises or any portion of the Premises without first obtaining the prior written consent of Owner. This obligation
may not be waived by either party. Only when Tenant requests consent to sublet or assign under Section 14(B) or
whenever the law requires Owner to reasonably give consent to a request to sublet or assign (e.g. where the lease or
rental Agreement specifies the number of tenants to reside in a Premises, or where the new occupant is the spouse or
domestic partner, child, parent, grandparent, siblings or the spouse or domestic partner- as defined in San Francisco
Administrative Code Sections 62.1 through 62.8 - of such relatives), the following provisions shall apply:
a. Any requests to sublet must come in writing from Tenant before Subtenant takes occupancy of the Premises. The
request must be given by certified mail or hand delivered to Owner at the place for giving notices as set forth in this
Agreement.
b. Any requests for subletting or assignment must be on the basis of a one-for-one replacement of the departing
Tenant(s). Tenant may only request replacement of a departing Tenant or Tenants with an equal, or fewer, number
of new Tenants.
c Proposed Subtenant or Assignee, if requested by Owner, must complete Owner's standard application, or, in the
event Owner fails to provide an application or has no standard application form, proposed Subtenant or Assignee
must, upon request, provide sufficient information to allow Owner to conduct a typical background check, including
credit information, income information, references, and background information.
The Tenant must provide Owner five (5) business days to process proposed Subtenant's or Assignee's application.
Proposed new Subtenant or Assignee must meet the regular reasonable application standards of Owner.
Tenant must not, without good cause, request Owner's consent to a new Subtenant or Assignee more than one
time per existing Tenant residing in the Premises during the previous twelve (12) months.
Ga?ee Le
Tenant Initial Here:
17. SMOKING: Smoking is not permitted in the Premises or in any other area of the Building. Tenant shall inform his or her
guest of this smoking prohibition. Tenant shall promptly notify Owner in writing of any incident where tobacco smoke is
migrating into the Premises from sources outside of the Premises. Tenant acknowledges that Owner's adoption of this
policy does not make Owner guarantor of Tenant's health or of the smoke-free condition of the areas listed above.
However, Owner shall take responsible steps to enforce this provision. Owner shall not be required to take steps in
response to smoking unless Owner has actual knowledge or has been provided written notice. Owner and Tenant agree
the other Tenants of the Building are the third party beneficiaries of this provision. A Tenant may sue another Tenant to
enforce this provision but does not have the right to evict another Tenant. Any lawsuit between Tenants regarding this
provision shall not create a presumption that the Owner has breached this Agreement. A breach of this provision by the
Tenant shall be deemed a material breach of the Agreement and may be just cause for eviction.
Notwithstanding any law to the contrary, the growing, cultivation, sale or use in any form, of marijuana, for any purpose, is
not permitted in or about the Premises, at any time, by Tenant, by Tenant's guests, or Tenant's invitees. The failure to
abide by the covenant shall constitute a material breach of the Agreement and is a just cause for eviction.
18. Pets are allowed as follows: Maximum of (2) cats per apartment.
19. WATERBEDS: Waterbeds and/or liquid filled furniture are prohibited in accordance with Civil Code Section 1940.5. If
the Premises are located in a structure for which the original Certificate of Occupancy was issued after January 1, 1973,
then such furniture may be permitted only upon written consent of Owner, and under the completion of a Waterbed
Agreement, which shall become part of this Agreement.
20. ROOF/FIRE ESCAPES: Use of the roof and/or fire escapes by Tenant, Tenant's guest or invitees is limited to
emergency egress only. No other use is permitted, including but not limited the placement of personal property. No
Storage of any kind will be permitted on fire escapes or in other common areas. Owner reserves the right to remove any
unauthorized personal property at any time without notice.
21. STORAGE: Storage is allowed pursuant to the attached Storage Agreement.
22. PARKING: This Agreement does provide for parking. Tenant's right to park is governed by the attached Agreement to
Rent Parking Space.
23. UTILITIES: Details about utilities, (including information about who is responsible for the cost of each utility), is specified
in the Variable Lease Term section. If it is specified that you will contract directly with the utility provider, you must do so
before move-in to avoid an interruption of services. If electricity, natural gas, water or sewer services have been
discontinued, occupancy of the Residence is hazardous and will be a breach of this Agreement. Billing statements
provided by us or by our billing service must be paid by the date specified on the billing statement. If you don't pay utility
charges when they are due, we may discontinue providing the utility to you (if allowed by law), and your failure will be a
material breach of this Agreement. We reserve the right to change utility billing service providers at any time. If we do, you
will be notified in writing. You will be responsible for utilities designated as being your responsibility consumed during your
occupancy beginning on the date of delivery of possession until we reacquire possession of the apartment. If you breach
this Agreement by vacating the Residence before the end of the term, you will also be responsible for utilities until the
earlier of the Termination Date or until the Residence is re-rented. The due date for Basic Rent and the due date for utility
charges may not coincide. You must comply with all energy conservation efforts that we implement. You must pay charges
for utilities you consume, even if they have not been invoiced before you vacate the Residence. Any obligation that
remains unpaid, including amounts that have not yet been invoiced when we reacquire possession, may be deducted from
your Security Deposit. If actual amounts have not been determined before we provide you with an accounting of your
Security Deposit, we may estimate the amount until actual numbers become available. Any billings based on sub-meter
readings will itemize the beginning and ending meter readings, the rate charged to you, and all categories of information
that appear within the utility's standard billing format to us. We reserve the right to modify the method by which utilities are
provided to the Residence or billed to you during your tenancy. If we are billed for utility services which are your
responsibility, you must repay us for the charges within 10 days of our demand for payment. You may not disturb, tamper,

4
adjust, or disconnect any sub-metering device or system. We may estimate your consumption if your sub-meter is broken
or does not transmit a meter reading or if we have not received invoices from the utility provider in time to prepare your
invoice. We are not liable for claims arising from utility service outages, interruptions, or fluctuations in utilities provided to
the Residence not reasonably within our control.
UTILITY/SERVICE JUTILITY'S CUSTOMER OF| CHARGED TO CALCULATION METHOD FOR CHARGES TO.
. RECORD RESIDENT? - RESIDENT
Hot Water Energy Resident Yes Refer to Utility Addendum
Electricity Resident Yes Refer to Utility Addendum
Water Resident Yes Refer to Utility Addendum
Sewer Resident Yes Refer to Utility Addendum
Trash Resident Yes Refer to Utility Addendum
24. INTERRUPTION OF SERVICES: Owner shall not be liable to Tenant or to any other person for damages, nor shall
Owner be in default under this Agreement, for any interruption or reduction of utilities or services caused by someone other
than Owner, or by Owner due to circumstances beyond Owner's reasonable control.
25. MAINTENANCE & REPAIRS: Tenant shail, at Tenant's expense, at all times maintain the Premises, furnishings &
appliances, if any, in a clean and good condition & shall surrender the same upon termination of tenancy in the same
condition as received (excepting normal wear & tear. Tenant understands that Tenant is responsible for the cost of repairs
of all damages in or about the Premises whether caused by Tenant, Tenant's guests or Tenant's invitees.
Tenant may not make any alterations to cable or telephone wiring (such as may occur when changing telecommunications
providers or adding phone lines) without prior written consent of Owner or Owner's Agent. The consent request regarding
proposed alterations to inside wiring shall include the name, address and phone number of any new telecommunications
provider. Tenant shall hold Owner harmless & indemnify Owner as to any mechanic's lien recordation or proceeding
caused by Tenant. Tenant agrees to pay all costs resulting from the alteration & agrees to pay Owner and costs incurred
as a result of restoring the inside wiring to the condition at the time of move in, except reasonable wear & tear.
Except in an emergency, maintenance & repair requests must be made in writing and delivered to Owner or Owner's

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April 17, 2024

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Miscellaneous: FRG MV PINE, LLC VS. AHMED GAMAL ET AL

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