Preview
ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
CRISTI MICHELON VASQUEZ, SBN 212917 Darrel E. Parker, Executive Officer
Law Office of Cristi Michelon Vasquez 2/26/2024 9:13 AM
132 East Figueroa Street By: Narzralli Baksh , Deputy
Santa Barbara, CA 93101
805/882-2226
Attorney for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA
10
24CV01053
11 PATHPOINT, Case No.
12 Plaintiff,
COMPLAINT FOR UNLAWFUL
13 Vv. DETAINER
14 PRINCE HAWKINS; and DOES 1-10
15 inclusive, [Under 10K]
16 Defendants.
17
18
19 PLAINTIFF ALLEGES:
20 1 Plaintiff PATHPOINT is, and at all times herein mentioned was, a nonprofit
21 organization existing under and by virtue of the laws of the State of California; at all times
22 herein mentioned, and is the owner of the real property which is the subject of this action.
23 2. Plaintiff is informed and believes and thereon alleges that Defendants, and each
24 of them, are natural persons and competent adults, residing within the above-named judicial
25 district, County of Santa Barbara, California.
26 3 The true names and capacities of Defendants sued herein as DOES 1-10,
27 inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious
28 names pursuant to Section 474 of the California Code of Civil Procedure.
COMPLAINT FOR UNLAWFUL DETAINER - Page 1
4 Plaintiff is informed and believes, and thereon alleges, that at all times herein
mentioned each of the Defendants was the agent and employee of each of the remaining
Defendants, and in doing these things hereinafter alleged, was acting within the scope of such
agency. Plaintiff is further informed and believes and thereupon alleges that each of the
Defendants, including the Defendants served as DOE herein, claims some type of possessory
interest in and to the premises described herein.
5 The real property, possession of which is sought in this action, is situated at 1920
Chino Street, Apt. B, Room 2, Santa Barbara, CA 93101 (the “Premises”) within the above-
named judicial district.
10 6 On or about June 1, 2022, Plaintiff and Defendant PRINCE HAWKINS entered
1 into a written Residential Lease Agreement for the Premises at a monthly rental of $1,000.00,
12 payable in advance on the first day of each month. The Lease Agreement, including its
13 addenda, was prepared in accordance with the requirements of federal law, and related
14 implementing regulations as determined by the federal Department of Housing and Urban
15 Development (“HUD”). A true and correct copy of the Lease Agreement and its addenda are
16 attached hereto as Exhibit A (the “Lease”).
17 7: Pursuant to the Lease, Defendant entered into possession of, and continues to
18 occupy, the Premises.
19 8 This tenancy is not subject to the Tenant Protection Act of 2019. It is exempt
20 pursuant to Civil Code §1946.2(e)(9). Nevertheless, Defendant’s tenancy was terminated for
21 at-fault just cause pursuant to Civil Code §1946.2(b)(1)(B) — breach of material terms of the
22 Lease; and Civil Code §1946(b)(1)(C) - commission of a nuisance; and Civil Code
23 §1946(b)(1)(F) — criminal activity.
24 9 This case does not involve nonpayment of rent or other financial obligations.
25 10. Defendant has repeatedly violated the terms of the Lease as set forth herein.
26 11. Paragraph 7.b.3 of the Lease requires Defendant to occupy and use all areas of
27 the Premises in the manner for which they were designed and intended. Paragraph 11.b
28 requires Defendant to maintain the Premises in a decent, safe and sanitary condition and
COMPLAINT FOR UNLAWFUL DETAINER — Page 2
comply with all obligations imposed upon him by applicable provisions of building and/or
Plaintiffs codes materially affecting health and safety; and provides that personal belongings
in the Premises may not be stored or collected in such a manner so as to cause an excessively
cluttered, unsanitary or unsafe condition to exist. Paragraph 13.a prohibits Defendant from
disturbing, annoying, endangering or interfering with other residents, neighbors or Plaintiff's
staff, or creating waste or nuisance on the Premises. Paragraph 13.b prohibits activity or
behavior that endangers himself or others and prohibits Defendant from engaging in criminal
or other activity that is unlawful and/or jeopardizes tenancy or threatens the health, safety, or
right to peaceful enjoyment of the Premises for other tenants, guests, neighbors, or Plaintiff
10 and its representatives. Paragraph 13.c requires Defendant to comply with all obligations
11 imposed by regulations of HUD. Paragraph 13.h requires Defendant to act in a cooperative
12 manner with others and the employees and representatives of Plaintiff. Paragraph 13.i
13 prohibits Defendant from acting or speaking in an abusive or threatening manner toward
4 others and the employees or representatives of Plaintiff. Paragraph 13.k prohibits Defendant
15 from engaging in any activity which is specific grounds for Lease termination. Paragraph 13.m
16 requires Defendant to comply with all of the House Rules.
17 12. The House Rules are a part of and incorporated into the Lease. Paragraph 3.a
18 prohibits actions that interfere with the rights, comforts or conveniences of other persons.
19 Paragraph 3.c prohibits activities and conduct inside and outside the Premises that are likely
20 to annoy or disturb other persons. Paragraph 3.d prohibits any vandalism, graffiti and/or
21 malicious damage to the Premises. Paragraph 4.a requires Defendant to keep the Premises
22 clean, sanitary and free from objectionable odors and to ensure that trash or other materials
23 are not stored or permitted to accumulate to be unsightly, cause a nuisance or hazard, or be in
24 violation of any health, fire, or safety regulation; and requires Defendant to keep the area
25 outside his unit clean and free or any debris including trash.
26 13. The Drug and Crime Abstention Agreement is a part of and incorporated into the
27 Lease. Paragraph 1 prohibits Defendant from engaging in criminal activity on or off the
28 property’s premises. Paragraph 2 prohibits Defendant from engaging in any act intended to
COMPLAINT FOR UNLAWFUL DETAINER - Page 3
facilitate criminal activity on or near public or private property and premises. Paragraph 3
prohibits Defendant from using the Premises to facilitate criminal activity. Paragraph 6
prohibits Defendant from engaging in acts of violence or threats of violence or acts likely to
provoke an act of violence on or near property premises. Paragraph 7 provides that a single
violation of any the above provisions shall be deemed a serious violation and material
noncompliance with the Lease and good cause for termination of Defendant’s tenancy; and
that proof of violation shall not require criminal conviction but may exist by a preponderance
of the evidence.
14. The Lease Addendum for Drug-Free Housing is a part of and incorporated into
10 the Lease. Paragraph 1 prohibits Defendant from engaging in criminal activity on or off the
i Premises. Paragraph 2 prohibits Defendant from engaging in any act intended to facilitate
12 criminal activity. Paragraph 3 prohibits Defendant from using the Premises to facilitate
13 criminal activity. Paragraph prohibits Defendant from engaging in acts of violence or threats
of violence or acts likely to provoke an act of violence on or off the Premises. Paragraph 7
provides that a single violation of any the above provisions shall be deemed a serious violation
16 and material noncompliance with the Lease and good cause for termination of Defendant’s
17 tenancy; and that proof of violation shall not require criminal conviction but shall be by a
18 preponderance of the evidence.
19 15. In violation of the above provisions of the Lease and its addenda, throughout his
20 tenancy, Defendant has, among other things, failed to cooperate with others, engaged in
21 physical violence toward others, created a nuisance, and engaged in criminal activity, as
22 detailed below.
23 16. On or about February 13, 2024, Defendant was taken into custody by law
24 enforcement following a significant disruption and extended standoff at the Premises. Plaintiff
25 is informed and believes that, following a physical assault that Defendant committed against
26 a woman, Defendant barricaded himself in the Premises and hid from SWAT team officers,
27 resisting arrest. Defendant was eventually detained and charged with multiple crimes,
28 including but not limited to resisting arrest, violation of probation, and assault with force.
COMPLAINT FOR UNLAWFUL DETAINER — Page 4
17. Defendant’s conduct required that his housemates be relocated for their own
safety. Defendant also caused intentional damage to the Premises during or surrounding this
incident.
18. Defendant’s behavior directly interfered with other residents’ and neighbors’
right to peaceful enjoyment of their accommodations, and threatened the health and safety of
himself and others. Additionally, Defendant’s behavior constitutes a nuisance pursuant to
California Civil Code §3479 which defines nuisance as anything which is injurious to health,
including that which is indecent or offensive to the senses, or an obstruction to the free use of
property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully
10 obstructs the free passage or use of one’s property.
11 19. Plaintiff has a zero-tolerance policy for physical violence or threat of physical
12 violence. It is also a crime, for which Defendant has been charged.
13 20. Accordingly, on or about February 15, 2024, Plaintiff caused to be served a 3-
14 Day Notice to Defendant terminating his tenancy. A true and correct copy of the Notice and its
15 attachments is attached hereto as Exhibit B. The notice complied with the requirements of
16 federal law, and related implementing regulations regarding termination of tenancy as
17 determined by HUD, and otherwise complied with state law. The notice specified Plaintiff's
18 reasons for termination of Defendant’s tenancy and identified the provisions of the Lease that
19 were breached by the conduct, as previously set forth herein. The notice required Defendant
20 to vacate and deliver possession of the Premises within 3 days after service of the notice,
21 excluding Saturdays, Sundays, and court holidays, and stated Plaintiffs election to declare a
22 forfeiture of Defendant’s tenancy. The notice stated Plaintiffs intention to institute unlawful
23 detainer legal proceedings under California state law to evict Defendant in the event that
24 Defendant failed to vacate the Premises.
25 21. More than 3 court days have elapsed since the service of said notice and
26 Defendant has failed to deliver up possession of the Premises.
27 22. Plaintiff has performed all of its obligations under the Lease.
28 23. Plaintiff is entitled to immediate possession of the Premises.
COMPLAINT FOR UNLAWFUL DETAINER - Page 5
24. Plaintiff remits to the jurisdictional limit, if any, of the Court.
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
1 For forfeiture of the Lease under which Defendant holds the Premises;
2 For possession of the Premises;
3 For Plaintiff's costs of suit herein incurred; and
4. For such further relief as the Court deems just and proper.
Dated: February 23, 2024
10 CRISTEMICHELON VASQUEZ
Attorney for Plaintiff
11
12
4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT FOR UNLAWFUL DETAINER - Page 6
EXHIBIT A
(oo
C
RESIDENTIAL LEASE AGREEMENT
Service,
Chara &
Tee
ResidentNamel
| Prince, YowVins eae
$|,0007- r& 1} DO —
UntAddess)| \Q25 Coyne STAB ibsi —_
lumi ae $1 0D0.— + &1D0,—
Date;
ZANE: Tone 1, 2022 osit} # S00
PathPoint (hereinafter “LANDLORD"), relying upon statements made in the Resident's application for
LANDLORD, does hereby lease to:
[Head of Household: I Ponce HoidVvin §
(hereinafter "RESIDENT”),
ig MND Sty
the
cet ling unit. described as:
2
Sane Barbar
the “Leased Pret
Ca. 4 | oy
AB 1482 DISCLOSURES:
Subject to AB 1482 rent caps and just cause as provided in Civil Code Section 1946.2
and 1947.12. The following disclosure is required by law: California law limits the
amount your rent can be increased. See Section 1947.12 of the Civil Code for more
information. California law also provides that after all the tenants have continuously and
lawfully occupied the property for 12 months or more or at least one of the tenants has
continuously and lawfully occupied the property for 24 months or more, a landlord must
provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2
of the Civil Code for more information.
1 TERM OF LEASE.
The term of this agreement is for 12 months, commencing onde. |, 2022 and ending on
at which time this Lease shall terminate without further notice. Any holding over by the
it after termination shall entitle the Landlord to initiate legal proceedings to recover possession of
the Premises. A “month-to-month” tenancy subject to the terms and Conditions of this agreement shall be
created only if Landlord accepts rent from Resident thereafter, and if so accepted, tenancy may be
terminated by Resident after service upon the Landlord of a written 30-day Notice of Termination, Except
as prohibited by law, that month-to-month tenancy may be terminated by the Landlord by service upon
the Resident of a written 60-day notice of termination of tenancy. However, Civil Code Section 1946.1
provides that “if any tenant or resident has resided in the dwelling for less than one year’, the Landlord
may terminate the tenancy by service upon the Resident of a written 30-day notice.
Civil Code 1946.2(a) provides that “after a tenant has continuously and lawfully occupied a residential real
property for 12 months, the owner of the residential real property shall not terminate the tenancy without
just cause, which shall be state in the written notice to terminate tenancy. If any additional adult tenants
are added to the lease before an existing tenant has continuously and lawfully occupied the residential
real property for 24 months, then this subdivision shall only apply if either of the following are satisfied: (1)
all of the tenants have continuously and lawfully occupied the residential real property for 12 months or
more; or (2) one or more tenants have continuously and lawfully occupied the residential real property for
24 months or more.” “Just cause” to terminate the tenancy includes termination “if the owner, or their
spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to
occupy the residential real property."
Page 1
sat ae — cen a
2. MEMBERS OF THE HOUSEHOLD
Occupancy under this Lease is limited to the RESIDENT(s) named above and the following members:
[ _—————— ]
All household members, hereinafter collectively referred to as RESIDENT, are subject to all terms and
conditions of this lease agreement.
3. RENT.
oD + Service Chay 4-2
The Tobe rent for the Leased Premises is $. — Rent for the initial vera in the amount
of $_} Odo: &t= is due and payable upon the execution of this Lease. Thereafter, RESIDENT shall
pay the full month's rental as provided above on the first day of each month.
a Rent is due and payable to LANDLORD on the FIRST day of each month. Checks must be made
payable to PathPoint, and payments shall be made at the PathPoint location designated by
LANDLORD, Rent shall be considered delinquent if not paid in full on or before the fifth (5%)
calendar day of the month. Cash payments are NOT accepted. Rent payments not made
pursuant to the specified manner at the designated banking institution shall be considered late.
The lease of a RESIDENT receiving three (3) late payment notices within a tweive (12) month
period shall be terminated for cause upon the RESIDENT's receipt of a fourth late payment notice
within said period.
4. RETURNED CHECKS.
For any returned or dishonored check, RESIDENT agrees to pay an amount equal to the returned check
fee imposed upon LANDLORD. RESIDENT agrees to pay this returned check fee and the original check
amount to LANDLORD by cashier's check or money order immediately upon demand. Cash payments
are NOT accepted. Any rent check returned unpaid or dishonored for any reason renders the rent unpaid
and subjects RESIDENT to termination of the Lease or other consequences under the Lease
LANDLORD will not accept personal checks from RESIDENT for rent payment or for other charges for a
period of six months after the date any RESIDENT check is returned unpaid or dishonored
5. SECURITY DEPOSIT.
a. Upon execution of this Lease, RESIDENT shall deposit with LANDLORD $. asa
security deposit to secure RESIDENT'’s faithful performance of all of RESIDENT's obligations
under this Lease, including the payment of rent, returned check charges as described in
paragraph 4, repairs of damage, restoration, replacement or return of personal property or
appurtenances, and cleaning and repair of the Leased Premises upon surrender. The security
deposit may be applied by LANDLORD at the termination of this Lease toward the cost of
cleaning the Leased Premises, and the cost of any repair of the Leased Premises, fixtures, and
furnishings (in excess of repair necessitated by ordinary wear) caused by RESIDENT or
RESIDENT’s guests or invitees, which shall include damage to common areas, or toward
payment of any rent or other charges owed by RESIDENT to LANDLORD. If the security deposit
is not sufficient to pay all rent, damages and other amounts due under this Lease, RESIDENT
shall immediately pay the difference to LANDLORD.
Any refund of the security deposit to RESIDENT shall be made in the amount and manner
established by California Civil Code section 1950.5. LANDLORD may use any interest earned on
the security deposit, and RESIDENT shail not be entitled to any such interest.
6. UTILITIES & APPLIANCES
a. The monthly rental amount includes the following utilities and appliances (if marked):
X_| Electricity X | Gas X_| Trash X | Smoke/carbon monoxide
X_| Refrigerator X | Range X | Water X | Sewer
Page 2
—
b. RESIDENT agrees to maintain the above utility services that are not provided by LESSOR during
the term of this Lease. RESIDENT agrees to promptly pay for all such utilities applicable to the
Leased Premises. Failure to maintain and pay for the above utility services not provided by
LESSOR shall constitute good cause for termination of this agreement. RESIDENT agrees not to
use utilities or equipment for any improper or unauthorized purpose. RESIDENT shall abide by all
locaily imposed restrictions on the use of water or any other such utility and shall abide by all
LANDLORD policies relating to the use of any utility not exclusively paid for by RESIDENT.
RESIDENT SHALL PAY FOR ANY AND ALL PENALTIES IMPOSED UPON LANDLORD and/or
OWNER BY ANY GOVERNMENTAL AGENCY BECAUSE OF RESIDENT's FAILURE TO ABIDE
BY ANY PROPERLY IMPOSED RESTRICTION ON THE USE OF ANY UTILITY.
7. MAINTENANCE AND REPAIR.
a RESIDENT acknowledges that upon occupancy, the Leased Premises are safe, clean and in
good condition. RESIDENT agrees that all appliances and equipment in the unit are in good
working order and that LANDLORD nor OWNER has made no promises to decorate, alter, repair
or improve the unit, except as listed on the Inventory and Condition Report that will be provided to
RESIDENT upon move in. RESIDENT agrees to comply with an initial walk-through appointment
and subsequent inspections as required by LANDLORD during tenancy. RESIDENT must notify
LANDLORD of any defects in the condition of the Leased Premises within 14 days of initial
occupancy. During their tenancy, RESIDENT agrees to be responsible for promptly reporting
(within 24 hours), all maintenance issues/repair needs to LANDLORD. When RESIDENT
vacates, LANDLORD (jointly with RESIDENT and/or his/her representative, if requested, unless
RESIDENT vacated the Leased Premises without notice to LANDLORD), will inspect the Leased
Premises and give RESIDENT a written statement of the charges for damage, if any, for which
RESIDENT is responsible. Failure or refusal to cooperate with inspection, maintenance, and/or
repair requirements shall constitute good cause for termination of this Lease.
b. RESIDENT shall:
1 Properly use and operate all electrical, gas, plumbing, sanitary, heating, and ventilation
fixtures, and other facilities and accessories, including elevators, and keep same in a clean
condition.
Refrain from and not permit RESIDENT’s guests, attendants, or other persons associated
with RESIDENT to deface, damage, alter, or remove any part of the structure of the Leased
Premises or the facilities, equipment, or accessories thereto including killing grass or
damaging trees or shrubs.
Occupy and use all areas of the Leased Premises in the manner for which they were
designed and intended.
RESIDENT agrees to pay LANDLORD for all damages and maintenance repairs to the Leased Premises,
facilities, or common areas that are beyond normal wear and tear which were caused by RESIDENT or
their guests, and/or caused by RESIDENT’s negligence in reporting needed repairs. Charges will be
billed to RESIDENT which may include materials and staff or hired contractor time. Charges will be due
and payable thirty (30) days after LANDLORD's invoice to RESIDENT.
LANDLORD shail make all necessary repairs, alterations, and improvements to the Leased Premises as
promptly as possible and give special attention to cases involving damage affecting health and safety.
RESIDENT hereby waives all rights to make repairs upon the Leased Premises at the expense of
LANDLORD, except as expressly permitted by Section 1942 of the California Civil Code.
The basis for maintenance and repair charges shall be the Schedule of Charges for Services and Repairs
maintained by LANDLORD. Copies of the Schedule of Charges for Services and Repairs may be
obtained upon request by RESIDENT.
8. SMOKING/VAPING IS PROHIBITED.
Page 3
ne a — a
C
€
RESIDENT agrees to refrain from and cause all members of the household, guests, and other persons
associated with RESIDENT to refrain from smoking and/or vaping any substance including but not limited
to tobacco, marijuana, and medical marijuana, inside the Leased Premises, on or about patios, balconies,
or garages, and in common areas of the complex including elevators.
9. RE-DETERMINATION OF INCOME, RENT, DWELLING SIZE, AND ELIGIBILITY.
Resident agrees that 90 days prior to the Expiration, RESIDENT will submit to the HOUSING
AUTHORITY OF THE CITY OF SANTA BARBARA, all documentation required by LANDLORD
necessary to Insure that RESIDENT remains a Qualified Household. In the event that RESIDENT fails to
deliver such information or LANDLORD determines (whether in connection with the renewal or otherwise)
that RESIDENT is no longer a Qualified Household under the applicable regulations, RESIDENT agrees
to vacate the Premises upon the earlier of the Expiration or upon 30 Days’ written notice from
LANDLORD of non-qualifying status.
a. RESIDENT agrees to appear for a full review, cooperate fully with LANDLORD’s certification
process, and furnish accurate, true, and complete information as requested by LANDLORD
regarding household income, assets, employment, student status, and household composition,
and to supply any other information required by LANDLORD for the purpose of determining
RESIDENT’s rent, dwelling size, and continued eligibility. Eligibility determination shall be made
in accordance with the provisions set forth by the Dept. of Landlord and Urban Development
(HUD) and in the approved LANDLORD Administrative Plan.
LANDLORD will, if necessary, execute a new lease or issue a written notice to RESIDENT
outlining any change in the monthly rent amount resulting from such redetermination. RESIDENT
agrees to accept such notice as an amendment to this Lease.
LANDLORD shall provide RESIDENT with thirty (30) days’ written notice of any change in rent
required as a result of redetermination.
10. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS.
Although all units are for single occupancy only, RESIDENT agrees to report, IN WRITING to
LANDLORD, the following changes in household circumstances within 30 days of the change or
occurrence:
a. lf any household member moves out of the Leased Premises or is deceased.
b. Any change in household income, employment student status, or assets since the last
recertification.
Any change in household due to birth, adoption, or court awarded custody of a child.
Marriage of any household member. *Marriage does not automatically qualify a new spouse to
reside in the Leased Premises. Spouse must be determined eligible by LANDLORD BEFORE
moving into the Leased Premises.
If any household member is arrested, incarcerated and/or convicted of any type of criminal
activity or is required to register as a sex offender.
RESIDENT acknowledges that no one person may be added to the household without prior written
authorization from LANDLORD, except in cases of birth, adoption, or court awarded custody of a child.
RESIDENT agrees to report IN WRITING to LANDLORD when all household members will be absent
from Leased Premises for any period beyond 30 consecutive days.
If interim income, asset, and/or household changes result in an increase in RESIDENT's rent, any higher
rate will take effect 30 days after LANDLORD gives written notice to RESIDENT. If interim changes result
in a decrease in RESIDENT's rent, the reduced rental rate shall become effective on the first day of the
following month after all applicable information has been verified by LANDLORD.
Page 4
concen poe ~
C~
TRANSFERS - If LANDLORD determines that the size of the dwelling unit is no longer appropriate to
RESIDENT needs in accordance with the standards set forth in its posted policies and/or occupancy
standards, RESIDENT will be required to move to another dwelling unit of appropriate size within the
housing community within the jurisdiction of LANDLROD.
11. OCCUPANCY OF THE LEASED PREMISES.
a RESIDENT must use and occupy the Leased Premises as RESIDENT’s sole place of residence
and RESIDENT may not occupy the Leased Premises on any part time basis for any reason.
RESIDENT shall use the Leased Premises only as a private dwelling unit for the individuals
specified on Page 1 of this Lease.
RESIDENT must maintain the Leased Premises including fixtures and furnishings in a decent,
safe, and sanitary condition and comply with all obligations imposed upon RESIDENT by
applicable provisions of building and/or Landlord codes materially affecting health and safety.
Personal belongings in the Leased Premises may not be stored or collected in such a manner as
to cause an excessively cluttered, unsanitary, or unsafe conditions to exist. Personal property
deemed excessive by Landlord must be stored elsewhere, off the Development at RESIDENT'S
expense. Failure to remove excess belongings as requested by LANDLORD shall be considered
good cause for termination this Lease.
RESIDENT agrees not to use or permit the use of the Leased Premises for any purpose other
than as a private dwelling unless LANDLORD has given written approval for legal profit-making
activities by RESIDENT or members of the RESIDENT's household which do not interfere with
the primary purpose of the Leased Premises as a residence, and which do not interfere with the
health and safety of others and the peaceful enjoyment of the property. RESIDENT agrees to
provide applicable business licensing information if requested by LANDLORD.
RESIDENT further agrees not to assign this Lease, nor to sublet or transfer possession of the
Leased Premises, nor to give accommodations to boarders or lodgers. Nothing in this provision
shall preclude RESIDENT from accommodating visitors or guests provided the accommodation
does not exceed 14 consecutive days in any 12-month period as to any individual, without the
prior written permission of LANDLORD. RESIDENT agrees not to allow boarders, lodgers,
homeless, or other persons to conduct “daytime stays” for the purpose of using RESIDENT's unit,
bathing facilities, laundry rooms, parking lots, or other common areas.
LANDLORD reserves the right to prohibit unruly or disruptive individuals from entering the Leased
Premises and the Development. If such request is made by LANDLORD, RESIDENT agrees to
refrain from inviting such individuals onto or into the Leased Premises and/or the Development or
otherwise accommodating or associating with such individuals should they enter the
Development on their own.
12, PETS/SERVICE ANIMALS.
a. RESIDENT may maintain a common household pet or service animal in the Leased Premises
only when authorized by LANDLORD and to the extent allowed by and under the rules and
provisions of LANDLORD’s/LESSOR’s Pet or Service Animal Policy prepared in accordance with
applicable HUD regulations and State or local law. RESIDENT agrees to comply with these rules
and understands that violation of these rules may be grounds for removal of the animal and/or
termination of this Lease.
If LANDLORD has reasonable grounds to believe that the conduct or condition of an animal in the
Leased Premises constitutes, under LANDLORD’s/LESSOR’s Pet or Service Animal Policy
and/or applicable State or local law, a nuisance or a threat to the health or safety of the
occupants of the project or other persons in the community where the project is located, or the
conduct of RESIDENT constitutes abuse or neglect of the animal, LANDLORD may, after
reasonable notice to the RESIDENT, enter and inspect the Leased Premises and may require
removal of the animal by the owner or by State or local authorities if warranted.
Page 5
oa
13. RESIDENT OBLIGATIONS.
RESIDENT, AUTHORIZED PERSONS, GUESTS, AND OTHER PERSONS ACTING UNDER THE
CONTROL OF OR ON BEHALF OF RESIDENT ARE OBLIGATED TO OBSERVE ALL THE TERMS
AND CONDITIONS OF THIS LEASE AND TO PERFORM ALL OBLIGATIONS OF RESIDENT UNDER
THIS LEASE AND ALL APPLICABLE ADDENDA, WHETHER OR NOT SPECIFIED IN THIS
PARAGRAPH 13. A BREACH OF ANY OF SUCH OBLIGATIONS OR CONDITIONS MAY BE CAUSE
FOR TERMINATION OF THIS LEASE AS DESCRIBED IN PARAGRAPH 19. RESIDENT's
OBLIGATIONS INCLUDE THE FOLLOWING:
a Not to disturb, annoy, harass, endanger, or inconvenience other residents, neighbors, or
LANDLORD staff, nor violate any law, commit or permit waste or create a nuisance, or interfere
with the peaceful enjoyment of the Development. Further, RESIDENT shall not do or keep
anything in or about the Leased Premises that will obstruct public spaces or common areas.
Refrain from activity or behavior that endangers self or others and refrain from engaging in
alcoho! abuse, substance abuse, drug-related activity, criminal or other activity that is unlawful
and/or jeopardizes tenancy or threatens the health, safety, or right to peaceful enjoyment of the
Development for other tenants, guests, neighbors, LANDLORD and its agents and
representatives.
Comply with all obligations imposed by regulations of HUD.
Not to store gasoline or solvents or other flammable materials or substances inside the Leased
Premises or on or about LANDLORD property and take every precaution to prevent fire and to
prevent children from having access to and/or playing with matches.
Exercise due care to maintain any fire extinguishers and smoke and carbon monoxide detectors
provided by LANDLORD in good working order and not abuse, destroy, or render inoperable any
fire extinguisher or smoke/carbon monoxide detector. Charcoal or wood-burning grills and any
combustible materials are prohibited on or about the property.
Not to make repairs, alterations, installations or additions to the Leased Premises or affix
anything to the Leased Premises inside or out, including fences, without express written consent
of LANDLORD. Any approved alterations, additions, or improvements to the Leased Premises
shall become the property of OWNER. RESIDENT understands and agrees that RESIDENT will
be charged for restoring the Leased Premises to its original condition for any unapproved
alterations.
RESIDENT shall comply with LANDLORD's Vehicle Agreement, (attached hereto and
incorporated herein by this reference). RESIDENT UNDERSTANDS THAT VIOLATION OF THE
VEHICLE AGREEMENT SHALL CONSTITUTE GOOD CAUSE FOR TERMINATION OF
TENANCY, AND/OR EVICTION FROM THE LEASED PREMISES.
To act in a cooperative manner with others and the employees and representatives of
LANDLORD.
To refrain from and cause members of RESIDENT's household or guests to refrain from acting or
speaking in an abusive or threatening manner toward others and the employees or
representatives of LANDLORD.
To notify LANDLORD of RESIDENT's possession of any legal firearms or weapons and to furnish
proof of legal possession. Not to use or allow authorized persons, guests or other persons
associated with RESIDENT to use or to brandish firearms, BB guns, slingshots, propellant
devices, or any weapons on or about the property. Illegal possession or use of firearms and/or
other weapons shall be grounds for eviction.
Not to engage in any activity which is specific grounds for Lease termination described in
Paragraph 19 herein.
Page 6
C
~
Comply in ail respects with LANDLORD’s fumigation and pest eradication efforts, including
making the Leased Premises available, temporarily vacating the Leased Premises if necessary,
and preparing the unit as instructed by LANDLORD for scheduled inspections and fumigations.
RESIDENT will pay the full amount of costs incurred by LANDLORD in connection with the failure
of RESIDENT to make Leased Premises available for a scheduled fumigation. These costs may
include the cost of fumigation of adjacent properties, costs attributable to visiting adjacent
properties, costs attributable to not being able to fumigate other properties because Leased
Premises are not available or appropriately prepared, and costs of multiple fumigation visits.
Observe and comply with all LANDLORD "Housekeeping and Conduct Standards," as more
particularly specified in the House Rules Addendum incorporated hereto by this reference.
Be jointly and severally liable for all obligations under this Lease and indemnify LANDLORD and
OWNER for liability arising prior to the termination of the Lease, for personal injuries or property
damage caused or permitted by the negligent, willful, or intentional conduct of RESIDENT, their
guests, or invitees. This does not waive LANDLORD's duty of care to prevent personal injury or
property damage where that duty is imposed by law.
14, LANDLORD OBLIGATIONS.
LANDLORD shall:
a. Comply with the requirements of applicable State and local building codes, any Landlord codes
and HUD regulations materially affecting health and safety.
Make necessary repairs to the Leased Premises with reasonable promptness, except as
otherwise provided in this Lease.
Maintain complex buildings, facilities, landscaping, and common areas, otherwise not assigned to
RESIDENT for maintenance and upkeep, in a clean and safe condition.
Maintain in good condition and safe working order, electrical, plumbing, heating, ventilation and
other facilities and appliances supplied or required to be supplied by LANDLORD.
Provide and maintain receptacles and facilities (except containers for the exclusive use of an
individual RESIDENT household) for the deposit of ashes, garbage, rubbish, recycling, and other
waste removed from the Premises by RESIDENT.
Maintain exterior lighting in good working order.
Supply running water and heat, except where heat or hot water are generated by an appliance
within the exclusive control of the RESIDENT and supplied by a direct utility connection.
15. ALTERATIONS AND ACCOMMODATIONS FOR PERSONS WITH DISABILITIES.
LANDLORD/OWNER shall provide reasonable accommodation to the extent necessary to provide a
resident with disabilities with the opportunity to occupy his/her unit equal to a non-disabled resident.
RESIDENT may at any time during his/her tenancy request reasonable accommodation for a person with
disabilities who is a member of RESIDENT’s household, including reasonable accommodation so that the
person with disabilities can meet the obligations of this Lease and other requirements of tenancy.
16. DEFECTS HAZARDOUS TO LIFE HEALTH AND SAFETY.
In the event the Leased Premises are damaged to the extent that conditions are created which are
hazardous to life, health and safety of the occupants, RESIDENT must immediately notify LANDLORD of
the damage and;
Page 7
€
LANDLORD shall make repairs within a reasonable time and the cost of said repairs shall be
charged to the RESIDENT if the damage was caused by RESIDENT, members of his/her
household or their guests.
In circumstances where necessary repairs cannot be made within a reasonable time LESSOR
shall offer, if available, standard alternate accommodations.
In the event repairs are not made in accordance with a. above, or alternate accommodations are
not provided in accordance with b. above, abatement of rent shall occur in proportion to the
seriousness of the damage and the loss in value as a dwelling. NO ABATEMENT OF RENT
SHALL OCCUR IF THE RESIDENT REJECTS STANDARD, ALTERNATE
ACCOMMODATIONS OR IF THE DAMAGE WAS CAUSED BY THE RESIDENT, RESIDENT'S
HOUSEHOLD OR GUESTS.
RESIDENT agrees to pay rent for the period the Leased Premises is damaged, whether or not
the Premises are habitable. (This clause will not apply if RESIDENT has accepted and moved
into “alternate accommodations" as described above).
RESIDENT shall not undertake or permit his/her family or guests to undertake, any hazardous
acts or do anything that will increase the project's insurance premiums. Such action constitutes
material non-compliance. If the Leased Premises are damaged by fire, wind, rain, earthquake, or
other disaster, to the extent that the unit is not habitable, and the damage is not caused or made
worse by the RESIDENT. RESIDENT will be responsible for rent only up to the date of the
destruction. Additional rent will not accrue until the unit has been repaired to a livable condition.
17. RIGHT OF ENTRY.
LANDLORD's agents, employees or representatives may enter and inspect the Leased Premises during
normal business hours and upon reasonable advance written notice of at least 24 hours* delivered to the
Premises, with or without RESIDENT's presence, for any lawful purpose. LANDLORD’s agents,
employees or representatives may enter the Leased Premises in such manner for the purpose of
performing routine inspections and maintenance and/or for making improvements or repairs.
*Except in case of bedbug or other pest occurrences for which LANDLORD may enter and inspect the
Leased Premises during normal business hours and upon reasonable advance written notice of at least 8
hours.
When there is reasonable cause to believe that an emergency exists, LANDLORD may enter the Leased
Premises at any time without advance notice.
If RESIDENT is not present at the time of LANDLORD’s entry to the Leased Premises, LANDLORD shall
leave at the Leased Premises a written statement specifying the date, time and purpose of entry prior to
leaving the Leased Premises.
After RESIDENT has given notice to LANDLORD of RESIDENT's intent to vacate the Leased Premises,
RESIDENT agrees upon notice to permit LANDLORD to show the Leased Premises to prospective
residents during normal business hours for the purpose of re-renting.
18. DISCRIMINATION PROHIBITED.
LANDLORD agrees not to discriminate based upon race, color, creed, national origin, sex, age, familial
status or disability.
19. TERMINATION OF LEASE.
a. To terminate this Lease, RESIDENT must give LANDLORD 30-days written notice before moving
from the Leased Premises. Failure to provide 30 days written notice will result in rent being
charged to RESIDENT for the full required notice period. RESIDENT agrees to leave the unit ina
clean and good condition, (except for reasonable wear and tear). Rent will continue until all keys
are returned to LANDLORD.
Page 8
f° C
XX
b. LANDLORD may terminate or refuse to renew this Lease for the following reasons:
4 RESIDENT's material noncompliance with terms of this Lease and/or the applicable
addenda, including but not limited to:
a, Non-payment of rent or any other payment due under this Lease.
b. Serious or repeated violation of material terms of the Lease.
RESIDENT’s (all household members) extended absence from the Leased Premises defined
as:
a. Ninety (90) consecutive days during any 12-month period (non-medically related
absence); or
Preview
ELECTRONICALLY FILED Superior Court of California County of Santa Barbara CRISTI MICHELON VASQUEZ, SBN 212917 Darrel E. Parker, Executive Officer Law Office of Cristi Michelon Vasquez 2/26/2024 9:13 AM 132 East Figueroa Street By: Narzralli Baksh , Deputy Santa Barbara, CA 93101 805/882-2226 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA BARBARA 10 24CV01053 11 PATHPOINT, Case No. 12 Plaintiff, COMPLAINT FOR UNLAWFUL 13 Vv. DETAINER 14 PRINCE HAWKINS; and DOES 1-10 15 inclusive, [Under 10K] 16 Defendants. 17 18 19 PLAINTIFF ALLEGES: 20 1 Plaintiff PATHPOINT is, and at all times herein mentioned was, a nonprofit 21 organization existing under and by virtue of the laws of the State of California; at all times 22 herein mentioned, and is the owner of the real property which is the subject of this action. 23 2. Plaintiff is informed and believes and thereon alleges that Defendants, and each 24 of them, are natural persons and competent adults, residing within the above-named judicial 25 district, County of Santa Barbara, California. 26 3 The true names and capacities of Defendants sued herein as DOES 1-10, 27 inclusive, are unknown to Plaintiff, who therefore sues said Defendants by such fictitious 28 names pursuant to Section 474 of the California Code of Civil Procedure. COMPLAINT FOR UNLAWFUL DETAINER - Page 1 4 Plaintiff is informed and believes, and thereon alleges, that at all times herein mentioned each of the Defendants was the agent and employee of each of the remaining Defendants, and in doing these things hereinafter alleged, was acting within the scope of such agency. Plaintiff is further informed and believes and thereupon alleges that each of the Defendants, including the Defendants served as DOE herein, claims some type of possessory interest in and to the premises described herein. 5 The real property, possession of which is sought in this action, is situated at 1920 Chino Street, Apt. B, Room 2, Santa Barbara, CA 93101 (the “Premises”) within the above- named judicial district. 10 6 On or about June 1, 2022, Plaintiff and Defendant PRINCE HAWKINS entered 1 into a written Residential Lease Agreement for the Premises at a monthly rental of $1,000.00, 12 payable in advance on the first day of each month. The Lease Agreement, including its 13 addenda, was prepared in accordance with the requirements of federal law, and related 14 implementing regulations as determined by the federal Department of Housing and Urban 15 Development (“HUD”). A true and correct copy of the Lease Agreement and its addenda are 16 attached hereto as Exhibit A (the “Lease”). 17 7: Pursuant to the Lease, Defendant entered into possession of, and continues to 18 occupy, the Premises. 19 8 This tenancy is not subject to the Tenant Protection Act of 2019. It is exempt 20 pursuant to Civil Code §1946.2(e)(9). Nevertheless, Defendant’s tenancy was terminated for 21 at-fault just cause pursuant to Civil Code §1946.2(b)(1)(B) — breach of material terms of the 22 Lease; and Civil Code §1946(b)(1)(C) - commission of a nuisance; and Civil Code 23 §1946(b)(1)(F) — criminal activity. 24 9 This case does not involve nonpayment of rent or other financial obligations. 25 10. Defendant has repeatedly violated the terms of the Lease as set forth herein. 26 11. Paragraph 7.b.3 of the Lease requires Defendant to occupy and use all areas of 27 the Premises in the manner for which they were designed and intended. Paragraph 11.b 28 requires Defendant to maintain the Premises in a decent, safe and sanitary condition and COMPLAINT FOR UNLAWFUL DETAINER — Page 2 comply with all obligations imposed upon him by applicable provisions of building and/or Plaintiffs codes materially affecting health and safety; and provides that personal belongings in the Premises may not be stored or collected in such a manner so as to cause an excessively cluttered, unsanitary or unsafe condition to exist. Paragraph 13.a prohibits Defendant from disturbing, annoying, endangering or interfering with other residents, neighbors or Plaintiff's staff, or creating waste or nuisance on the Premises. Paragraph 13.b prohibits activity or behavior that endangers himself or others and prohibits Defendant from engaging in criminal or other activity that is unlawful and/or jeopardizes tenancy or threatens the health, safety, or right to peaceful enjoyment of the Premises for other tenants, guests, neighbors, or Plaintiff 10 and its representatives. Paragraph 13.c requires Defendant to comply with all obligations 11 imposed by regulations of HUD. Paragraph 13.h requires Defendant to act in a cooperative 12 manner with others and the employees and representatives of Plaintiff. Paragraph 13.i 13 prohibits Defendant from acting or speaking in an abusive or threatening manner toward 4 others and the employees or representatives of Plaintiff. Paragraph 13.k prohibits Defendant 15 from engaging in any activity which is specific grounds for Lease termination. Paragraph 13.m 16 requires Defendant to comply with all of the House Rules. 17 12. The House Rules are a part of and incorporated into the Lease. Paragraph 3.a 18 prohibits actions that interfere with the rights, comforts or conveniences of other persons. 19 Paragraph 3.c prohibits activities and conduct inside and outside the Premises that are likely 20 to annoy or disturb other persons. Paragraph 3.d prohibits any vandalism, graffiti and/or 21 malicious damage to the Premises. Paragraph 4.a requires Defendant to keep the Premises 22 clean, sanitary and free from objectionable odors and to ensure that trash or other materials 23 are not stored or permitted to accumulate to be unsightly, cause a nuisance or hazard, or be in 24 violation of any health, fire, or safety regulation; and requires Defendant to keep the area 25 outside his unit clean and free or any debris including trash. 26 13. The Drug and Crime Abstention Agreement is a part of and incorporated into the 27 Lease. Paragraph 1 prohibits Defendant from engaging in criminal activity on or off the 28 property’s premises. Paragraph 2 prohibits Defendant from engaging in any act intended to COMPLAINT FOR UNLAWFUL DETAINER - Page 3 facilitate criminal activity on or near public or private property and premises. Paragraph 3 prohibits Defendant from using the Premises to facilitate criminal activity. Paragraph 6 prohibits Defendant from engaging in acts of violence or threats of violence or acts likely to provoke an act of violence on or near property premises. Paragraph 7 provides that a single violation of any the above provisions shall be deemed a serious violation and material noncompliance with the Lease and good cause for termination of Defendant’s tenancy; and that proof of violation shall not require criminal conviction but may exist by a preponderance of the evidence. 14. The Lease Addendum for Drug-Free Housing is a part of and incorporated into 10 the Lease. Paragraph 1 prohibits Defendant from engaging in criminal activity on or off the i Premises. Paragraph 2 prohibits Defendant from engaging in any act intended to facilitate 12 criminal activity. Paragraph 3 prohibits Defendant from using the Premises to facilitate 13 criminal activity. Paragraph prohibits Defendant from engaging in acts of violence or threats of violence or acts likely to provoke an act of violence on or off the Premises. Paragraph 7 provides that a single violation of any the above provisions shall be deemed a serious violation 16 and material noncompliance with the Lease and good cause for termination of Defendant’s 17 tenancy; and that proof of violation shall not require criminal conviction but shall be by a 18 preponderance of the evidence. 19 15. In violation of the above provisions of the Lease and its addenda, throughout his 20 tenancy, Defendant has, among other things, failed to cooperate with others, engaged in 21 physical violence toward others, created a nuisance, and engaged in criminal activity, as 22 detailed below. 23 16. On or about February 13, 2024, Defendant was taken into custody by law 24 enforcement following a significant disruption and extended standoff at the Premises. Plaintiff 25 is informed and believes that, following a physical assault that Defendant committed against 26 a woman, Defendant barricaded himself in the Premises and hid from SWAT team officers, 27 resisting arrest. Defendant was eventually detained and charged with multiple crimes, 28 including but not limited to resisting arrest, violation of probation, and assault with force. COMPLAINT FOR UNLAWFUL DETAINER — Page 4 17. Defendant’s conduct required that his housemates be relocated for their own safety. Defendant also caused intentional damage to the Premises during or surrounding this incident. 18. Defendant’s behavior directly interfered with other residents’ and neighbors’ right to peaceful enjoyment of their accommodations, and threatened the health and safety of himself and others. Additionally, Defendant’s behavior constitutes a nuisance pursuant to California Civil Code §3479 which defines nuisance as anything which is injurious to health, including that which is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully 10 obstructs the free passage or use of one’s property. 11 19. Plaintiff has a zero-tolerance policy for physical violence or threat of physical 12 violence. It is also a crime, for which Defendant has been charged. 13 20. Accordingly, on or about February 15, 2024, Plaintiff caused to be served a 3- 14 Day Notice to Defendant terminating his tenancy. A true and correct copy of the Notice and its 15 attachments is attached hereto as Exhibit B. The notice complied with the requirements of 16 federal law, and related implementing regulations regarding termination of tenancy as 17 determined by HUD, and otherwise complied with state law. The notice specified Plaintiff's 18 reasons for termination of Defendant’s tenancy and identified the provisions of the Lease that 19 were breached by the conduct, as previously set forth herein. The notice required Defendant 20 to vacate and deliver possession of the Premises within 3 days after service of the notice, 21 excluding Saturdays, Sundays, and court holidays, and stated Plaintiffs election to declare a 22 forfeiture of Defendant’s tenancy. The notice stated Plaintiffs intention to institute unlawful 23 detainer legal proceedings under California state law to evict Defendant in the event that 24 Defendant failed to vacate the Premises. 25 21. More than 3 court days have elapsed since the service of said notice and 26 Defendant has failed to deliver up possession of the Premises. 27 22. Plaintiff has performed all of its obligations under the Lease. 28 23. Plaintiff is entitled to immediate possession of the Premises. COMPLAINT FOR UNLAWFUL DETAINER - Page 5 24. Plaintiff remits to the jurisdictional limit, if any, of the Court. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1 For forfeiture of the Lease under which Defendant holds the Premises; 2 For possession of the Premises; 3 For Plaintiff's costs of suit herein incurred; and 4. For such further relief as the Court deems just and proper. Dated: February 23, 2024 10 CRISTEMICHELON VASQUEZ Attorney for Plaintiff 11 12 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR UNLAWFUL DETAINER - Page 6 EXHIBIT A (oo C RESIDENTIAL LEASE AGREEMENT Service, Chara & Tee ResidentNamel | Prince, YowVins eae $|,0007- r& 1} DO — UntAddess)| \Q25 Coyne STAB ibsi —_ lumi ae $1 0D0.— + &1D0,— Date; ZANE: Tone 1, 2022 osit} # S00 PathPoint (hereinafter “LANDLORD"), relying upon statements made in the Resident's application for LANDLORD, does hereby lease to: [Head of Household: I Ponce HoidVvin § (hereinafter "RESIDENT”), ig MND Sty the cet ling unit. described as: 2 Sane Barbar the “Leased Pret Ca. 4 | oy AB 1482 DISCLOSURES: Subject to AB 1482 rent caps and just cause as provided in Civil Code Section 1946.2 and 1947.12. The following disclosure is required by law: California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information. 1 TERM OF LEASE. The term of this agreement is for 12 months, commencing onde. |, 2022 and ending on at which time this Lease shall terminate without further notice. Any holding over by the it after termination shall entitle the Landlord to initiate legal proceedings to recover possession of the Premises. A “month-to-month” tenancy subject to the terms and Conditions of this agreement shall be created only if Landlord accepts rent from Resident thereafter, and if so accepted, tenancy may be terminated by Resident after service upon the Landlord of a written 30-day Notice of Termination, Except as prohibited by law, that month-to-month tenancy may be terminated by the Landlord by service upon the Resident of a written 60-day notice of termination of tenancy. However, Civil Code Section 1946.1 provides that “if any tenant or resident has resided in the dwelling for less than one year’, the Landlord may terminate the tenancy by service upon the Resident of a written 30-day notice. Civil Code 1946.2(a) provides that “after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be state in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied: (1) all of the tenants have continuously and lawfully occupied the residential real property for 12 months or more; or (2) one or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.” “Just cause” to terminate the tenancy includes termination “if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property." Page 1 sat ae — cen a 2. MEMBERS OF THE HOUSEHOLD Occupancy under this Lease is limited to the RESIDENT(s) named above and the following members: [ _—————— ] All household members, hereinafter collectively referred to as RESIDENT, are subject to all terms and conditions of this lease agreement. 3. RENT. oD + Service Chay 4-2 The Tobe rent for the Leased Premises is $. — Rent for the initial vera in the amount of $_} Odo: &t= is due and payable upon the execution of this Lease. Thereafter, RESIDENT shall pay the full month's rental as provided above on the first day of each month. a Rent is due and payable to LANDLORD on the FIRST day of each month. Checks must be made payable to PathPoint, and payments shall be made at the PathPoint location designated by LANDLORD, Rent shall be considered delinquent if not paid in full on or before the fifth (5%) calendar day of the month. Cash payments are NOT accepted. Rent payments not made pursuant to the specified manner at the designated banking institution shall be considered late. The lease of a RESIDENT receiving three (3) late payment notices within a tweive (12) month period shall be terminated for cause upon the RESIDENT's receipt of a fourth late payment notice within said period. 4. RETURNED CHECKS. For any returned or dishonored check, RESIDENT agrees to pay an amount equal to the returned check fee imposed upon LANDLORD. RESIDENT agrees to pay this returned check fee and the original check amount to LANDLORD by cashier's check or money order immediately upon demand. Cash payments are NOT accepted. Any rent check returned unpaid or dishonored for any reason renders the rent unpaid and subjects RESIDENT to termination of the Lease or other consequences under the Lease LANDLORD will not accept personal checks from RESIDENT for rent payment or for other charges for a period of six months after the date any RESIDENT check is returned unpaid or dishonored 5. SECURITY DEPOSIT. a. Upon execution of this Lease, RESIDENT shall deposit with LANDLORD $. asa security deposit to secure RESIDENT'’s faithful performance of all of RESIDENT's obligations under this Lease, including the payment of rent, returned check charges as described in paragraph 4, repairs of damage, restoration, replacement or return of personal property or appurtenances, and cleaning and repair of the Leased Premises upon surrender. The security deposit may be applied by LANDLORD at the termination of this Lease toward the cost of cleaning the Leased Premises, and the cost of any repair of the Leased Premises, fixtures, and furnishings (in excess of repair necessitated by ordinary wear) caused by RESIDENT or RESIDENT’s guests or invitees, which shall include damage to common areas, or toward payment of any rent or other charges owed by RESIDENT to LANDLORD. If the security deposit is not sufficient to pay all rent, damages and other amounts due under this Lease, RESIDENT shall immediately pay the difference to LANDLORD. Any refund of the security deposit to RESIDENT shall be made in the amount and manner established by California Civil Code section 1950.5. LANDLORD may use any interest earned on the security deposit, and RESIDENT shail not be entitled to any such interest. 6. UTILITIES & APPLIANCES a. The monthly rental amount includes the following utilities and appliances (if marked): X_| Electricity X | Gas X_| Trash X | Smoke/carbon monoxide X_| Refrigerator X | Range X | Water X | Sewer Page 2 — b. RESIDENT agrees to maintain the above utility services that are not provided by LESSOR during the term of this Lease. RESIDENT agrees to promptly pay for all such utilities applicable to the Leased Premises. Failure to maintain and pay for the above utility services not provided by LESSOR shall constitute good cause for termination of this agreement. RESIDENT agrees not to use utilities or equipment for any improper or unauthorized purpose. RESIDENT shall abide by all locaily imposed restrictions on the use of water or any other such utility and shall abide by all LANDLORD policies relating to the use of any utility not exclusively paid for by RESIDENT. RESIDENT SHALL PAY FOR ANY AND ALL PENALTIES IMPOSED UPON LANDLORD and/or OWNER BY ANY GOVERNMENTAL AGENCY BECAUSE OF RESIDENT's FAILURE TO ABIDE BY ANY PROPERLY IMPOSED RESTRICTION ON THE USE OF ANY UTILITY. 7. MAINTENANCE AND REPAIR. a RESIDENT acknowledges that upon occupancy, the Leased Premises are safe, clean and in good condition. RESIDENT agrees that all appliances and equipment in the unit are in good working order and that LANDLORD nor OWNER has made no promises to decorate, alter, repair or improve the unit, except as listed on the Inventory and Condition Report that will be provided to RESIDENT upon move in. RESIDENT agrees to comply with an initial walk-through appointment and subsequent inspections as required by LANDLORD during tenancy. RESIDENT must notify LANDLORD of any defects in the condition of the Leased Premises within 14 days of initial occupancy. During their tenancy, RESIDENT agrees to be responsible for promptly reporting (within 24 hours), all maintenance issues/repair needs to LANDLORD. When RESIDENT vacates, LANDLORD (jointly with RESIDENT and/or his/her representative, if requested, unless RESIDENT vacated the Leased Premises without notice to LANDLORD), will inspect the Leased Premises and give RESIDENT a written statement of the charges for damage, if any, for which RESIDENT is responsible. Failure or refusal to cooperate with inspection, maintenance, and/or repair requirements shall constitute good cause for termination of this Lease. b. RESIDENT shall: 1 Properly use and operate all electrical, gas, plumbing, sanitary, heating, and ventilation fixtures, and other facilities and accessories, including elevators, and keep same in a clean condition. Refrain from and not permit RESIDENT’s guests, attendants, or other persons associated with RESIDENT to deface, damage, alter, or remove any part of the structure of the Leased Premises or the facilities, equipment, or accessories thereto including killing grass or damaging trees or shrubs. Occupy and use all areas of the Leased Premises in the manner for which they were designed and intended. RESIDENT agrees to pay LANDLORD for all damages and maintenance repairs to the Leased Premises, facilities, or common areas that are beyond normal wear and tear which were caused by RESIDENT or their guests, and/or caused by RESIDENT’s negligence in reporting needed repairs. Charges will be billed to RESIDENT which may include materials and staff or hired contractor time. Charges will be due and payable thirty (30) days after LANDLORD's invoice to RESIDENT. LANDLORD shail make all necessary repairs, alterations, and improvements to the Leased Premises as promptly as possible and give special attention to cases involving damage affecting health and safety. RESIDENT hereby waives all rights to make repairs upon the Leased Premises at the expense of LANDLORD, except as expressly permitted by Section 1942 of the California Civil Code. The basis for maintenance and repair charges shall be the Schedule of Charges for Services and Repairs maintained by LANDLORD. Copies of the Schedule of Charges for Services and Repairs may be obtained upon request by RESIDENT. 8. SMOKING/VAPING IS PROHIBITED. Page 3 ne a — a C € RESIDENT agrees to refrain from and cause all members of the household, guests, and other persons associated with RESIDENT to refrain from smoking and/or vaping any substance including but not limited to tobacco, marijuana, and medical marijuana, inside the Leased Premises, on or about patios, balconies, or garages, and in common areas of the complex including elevators. 9. RE-DETERMINATION OF INCOME, RENT, DWELLING SIZE, AND ELIGIBILITY. Resident agrees that 90 days prior to the Expiration, RESIDENT will submit to the HOUSING AUTHORITY OF THE CITY OF SANTA BARBARA, all documentation required by LANDLORD necessary to Insure that RESIDENT remains a Qualified Household. In the event that RESIDENT fails to deliver such information or LANDLORD determines (whether in connection with the renewal or otherwise) that RESIDENT is no longer a Qualified Household under the applicable regulations, RESIDENT agrees to vacate the Premises upon the earlier of the Expiration or upon 30 Days’ written notice from LANDLORD of non-qualifying status. a. RESIDENT agrees to appear for a full review, cooperate fully with LANDLORD’s certification process, and furnish accurate, true, and complete information as requested by LANDLORD regarding household income, assets, employment, student status, and household composition, and to supply any other information required by LANDLORD for the purpose of determining RESIDENT’s rent, dwelling size, and continued eligibility. Eligibility determination shall be made in accordance with the provisions set forth by the Dept. of Landlord and Urban Development (HUD) and in the approved LANDLORD Administrative Plan. LANDLORD will, if necessary, execute a new lease or issue a written notice to RESIDENT outlining any change in the monthly rent amount resulting from such redetermination. RESIDENT agrees to accept such notice as an amendment to this Lease. LANDLORD shall provide RESIDENT with thirty (30) days’ written notice of any change in rent required as a result of redetermination. 10. REPORTING CHANGES BETWEEN REGULARLY SCHEDULED RECERTIFICATIONS. Although all units are for single occupancy only, RESIDENT agrees to report, IN WRITING to LANDLORD, the following changes in household circumstances within 30 days of the change or occurrence: a. lf any household member moves out of the Leased Premises or is deceased. b. Any change in household income, employment student status, or assets since the last recertification. Any change in household due to birth, adoption, or court awarded custody of a child. Marriage of any household member. *Marriage does not automatically qualify a new spouse to reside in the Leased Premises. Spouse must be determined eligible by LANDLORD BEFORE moving into the Leased Premises. If any household member is arrested, incarcerated and/or convicted of any type of criminal activity or is required to register as a sex offender. RESIDENT acknowledges that no one person may be added to the household without prior written authorization from LANDLORD, except in cases of birth, adoption, or court awarded custody of a child. RESIDENT agrees to report IN WRITING to LANDLORD when all household members will be absent from Leased Premises for any period beyond 30 consecutive days. If interim income, asset, and/or household changes result in an increase in RESIDENT's rent, any higher rate will take effect 30 days after LANDLORD gives written notice to RESIDENT. If interim changes result in a decrease in RESIDENT's rent, the reduced rental rate shall become effective on the first day of the following month after all applicable information has been verified by LANDLORD. Page 4 concen poe ~ C~ TRANSFERS - If LANDLORD determines that the size of the dwelling unit is no longer appropriate to RESIDENT needs in accordance with the standards set forth in its posted policies and/or occupancy standards, RESIDENT will be required to move to another dwelling unit of appropriate size within the housing community within the jurisdiction of LANDLROD. 11. OCCUPANCY OF THE LEASED PREMISES. a RESIDENT must use and occupy the Leased Premises as RESIDENT’s sole place of residence and RESIDENT may not occupy the Leased Premises on any part time basis for any reason. RESIDENT shall use the Leased Premises only as a private dwelling unit for the individuals specified on Page 1 of this Lease. RESIDENT must maintain the Leased Premises including fixtures and furnishings in a decent, safe, and sanitary condition and comply with all obligations imposed upon RESIDENT by applicable provisions of building and/or Landlord codes materially affecting health and safety. Personal belongings in the Leased Premises may not be stored or collected in such a manner as to cause an excessively cluttered, unsanitary, or unsafe conditions to exist. Personal property deemed excessive by Landlord must be stored elsewhere, off the Development at RESIDENT'S expense. Failure to remove excess belongings as requested by LANDLORD shall be considered good cause for termination this Lease. RESIDENT agrees not to use or permit the use of the Leased Premises for any purpose other than as a private dwelling unless LANDLORD has given written approval for legal profit-making activities by RESIDENT or members of the RESIDENT's household which do not interfere with the primary purpose of the Leased Premises as a residence, and which do not interfere with the health and safety of others and the peaceful enjoyment of the property. RESIDENT agrees to provide applicable business licensing information if requested by LANDLORD. RESIDENT further agrees not to assign this Lease, nor to sublet or transfer possession of the Leased Premises, nor to give accommodations to boarders or lodgers. Nothing in this provision shall preclude RESIDENT from accommodating visitors or guests provided the accommodation does not exceed 14 consecutive days in any 12-month period as to any individual, without the prior written permission of LANDLORD. RESIDENT agrees not to allow boarders, lodgers, homeless, or other persons to conduct “daytime stays” for the purpose of using RESIDENT's unit, bathing facilities, laundry rooms, parking lots, or other common areas. LANDLORD reserves the right to prohibit unruly or disruptive individuals from entering the Leased Premises and the Development. If such request is made by LANDLORD, RESIDENT agrees to refrain from inviting such individuals onto or into the Leased Premises and/or the Development or otherwise accommodating or associating with such individuals should they enter the Development on their own. 12, PETS/SERVICE ANIMALS. a. RESIDENT may maintain a common household pet or service animal in the Leased Premises only when authorized by LANDLORD and to the extent allowed by and under the rules and provisions of LANDLORD’s/LESSOR’s Pet or Service Animal Policy prepared in accordance with applicable HUD regulations and State or local law. RESIDENT agrees to comply with these rules and understands that violation of these rules may be grounds for removal of the animal and/or termination of this Lease. If LANDLORD has reasonable grounds to believe that the conduct or condition of an animal in the Leased Premises constitutes, under LANDLORD’s/LESSOR’s Pet or Service Animal Policy and/or applicable State or local law, a nuisance or a threat to the health or safety of the occupants of the project or other persons in the community where the project is located, or the conduct of RESIDENT constitutes abuse or neglect of the animal, LANDLORD may, after reasonable notice to the RESIDENT, enter and inspect the Leased Premises and may require removal of the animal by the owner or by State or local authorities if warranted. Page 5 oa 13. RESIDENT OBLIGATIONS. RESIDENT, AUTHORIZED PERSONS, GUESTS, AND OTHER PERSONS ACTING UNDER THE CONTROL OF OR ON BEHALF OF RESIDENT ARE OBLIGATED TO OBSERVE ALL THE TERMS AND CONDITIONS OF THIS LEASE AND TO PERFORM ALL OBLIGATIONS OF RESIDENT UNDER THIS LEASE AND ALL APPLICABLE ADDENDA, WHETHER OR NOT SPECIFIED IN THIS PARAGRAPH 13. A BREACH OF ANY OF SUCH OBLIGATIONS OR CONDITIONS MAY BE CAUSE FOR TERMINATION OF THIS LEASE AS DESCRIBED IN PARAGRAPH 19. RESIDENT's OBLIGATIONS INCLUDE THE FOLLOWING: a Not to disturb, annoy, harass, endanger, or inconvenience other residents, neighbors, or LANDLORD staff, nor violate any law, commit or permit waste or create a nuisance, or interfere with the peaceful enjoyment of the Development. Further, RESIDENT shall not do or keep anything in or about the Leased Premises that will obstruct public spaces or common areas. Refrain from activity or behavior that endangers self or others and refrain from engaging in alcoho! abuse, substance abuse, drug-related activity, criminal or other activity that is unlawful and/or jeopardizes tenancy or threatens the health, safety, or right to peaceful enjoyment of the Development for other tenants, guests, neighbors, LANDLORD and its agents and representatives. Comply with all obligations imposed by regulations of HUD. Not to store gasoline or solvents or other flammable materials or substances inside the Leased Premises or on or about LANDLORD property and take every precaution to prevent fire and to prevent children from having access to and/or playing with matches. Exercise due care to maintain any fire extinguishers and smoke and carbon monoxide detectors provided by LANDLORD in good working order and not abuse, destroy, or render inoperable any fire extinguisher or smoke/carbon monoxide detector. Charcoal or wood-burning grills and any combustible materials are prohibited on or about the property. Not to make repairs, alterations, installations or additions to the Leased Premises or affix anything to the Leased Premises inside or out, including fences, without express written consent of LANDLORD. Any approved alterations, additions, or improvements to the Leased Premises shall become the property of OWNER. RESIDENT understands and agrees that RESIDENT will be charged for restoring the Leased Premises to its original condition for any unapproved alterations. RESIDENT shall comply with LANDLORD's Vehicle Agreement, (attached hereto and incorporated herein by this reference). RESIDENT UNDERSTANDS THAT VIOLATION OF THE VEHICLE AGREEMENT SHALL CONSTITUTE GOOD CAUSE FOR TERMINATION OF TENANCY, AND/OR EVICTION FROM THE LEASED PREMISES. To act in a cooperative manner with others and the employees and representatives of LANDLORD. To refrain from and cause members of RESIDENT's household or guests to refrain from acting or speaking in an abusive or threatening manner toward others and the employees or representatives of LANDLORD. To notify LANDLORD of RESIDENT's possession of any legal firearms or weapons and to furnish proof of legal possession. Not to use or allow authorized persons, guests or other persons associated with RESIDENT to use or to brandish firearms, BB guns, slingshots, propellant devices, or any weapons on or about the property. Illegal possession or use of firearms and/or other weapons shall be grounds for eviction. Not to engage in any activity which is specific grounds for Lease termination described in Paragraph 19 herein. Page 6 C ~ Comply in ail respects with LANDLORD’s fumigation and pest eradication efforts, including making the Leased Premises available, temporarily vacating the Leased Premises if necessary, and preparing the unit as instructed by LANDLORD for scheduled inspections and fumigations. RESIDENT will pay the full amount of costs incurred by LANDLORD in connection with the failure of RESIDENT to make Leased Premises available for a scheduled fumigation. These costs may include the cost of fumigation of adjacent properties, costs attributable to visiting adjacent properties, costs attributable to not being able to fumigate other properties because Leased Premises are not available or appropriately prepared, and costs of multiple fumigation visits. Observe and comply with all LANDLORD "Housekeeping and Conduct Standards," as more particularly specified in the House Rules Addendum incorporated hereto by this reference. Be jointly and severally liable for all obligations under this Lease and indemnify LANDLORD and OWNER for liability arising prior to the termination of the Lease, for personal injuries or property damage caused or permitted by the negligent, willful, or intentional conduct of RESIDENT, their guests, or invitees. This does not waive LANDLORD's duty of care to prevent personal injury or property damage where that duty is imposed by law. 14, LANDLORD OBLIGATIONS. LANDLORD shall: a. Comply with the requirements of applicable State and local building codes, any Landlord codes and HUD regulations materially affecting health and safety. Make necessary repairs to the Leased Premises with reasonable promptness, except as otherwise provided in this Lease. Maintain complex buildings, facilities, landscaping, and common areas, otherwise not assigned to RESIDENT for maintenance and upkeep, in a clean and safe condition. Maintain in good condition and safe working order, electrical, plumbing, heating, ventilation and other facilities and appliances supplied or required to be supplied by LANDLORD. Provide and maintain receptacles and facilities (except containers for the exclusive use of an individual RESIDENT household) for the deposit of ashes, garbage, rubbish, recycling, and other waste removed from the Premises by RESIDENT. Maintain exterior lighting in good working order. Supply running water and heat, except where heat or hot water are generated by an appliance within the exclusive control of the RESIDENT and supplied by a direct utility connection. 15. ALTERATIONS AND ACCOMMODATIONS FOR PERSONS WITH DISABILITIES. LANDLORD/OWNER shall provide reasonable accommodation to the extent necessary to provide a resident with disabilities with the opportunity to occupy his/her unit equal to a non-disabled resident. RESIDENT may at any time during his/her tenancy request reasonable accommodation for a person with disabilities who is a member of RESIDENT’s household, including reasonable accommodation so that the person with disabilities can meet the obligations of this Lease and other requirements of tenancy. 16. DEFECTS HAZARDOUS TO LIFE HEALTH AND SAFETY. In the event the Leased Premises are damaged to the extent that conditions are created which are hazardous to life, health and safety of the occupants, RESIDENT must immediately notify LANDLORD of the damage and; Page 7 € LANDLORD shall make repairs within a reasonable time and the cost of said repairs shall be charged to the RESIDENT if the damage was caused by RESIDENT, members of his/her household or their guests. In circumstances where necessary repairs cannot be made within a reasonable time LESSOR shall offer, if available, standard alternate accommodations. In the event repairs are not made in accordance with a. above, or alternate accommodations are not provided in accordance with b. above, abatement of rent shall occur in proportion to the seriousness of the damage and the loss in value as a dwelling. NO ABATEMENT OF RENT SHALL OCCUR IF THE RESIDENT REJECTS STANDARD, ALTERNATE ACCOMMODATIONS OR IF THE DAMAGE WAS CAUSED BY THE RESIDENT, RESIDENT'S HOUSEHOLD OR GUESTS. RESIDENT agrees to pay rent for the period the Leased Premises is damaged, whether or not the Premises are habitable. (This clause will not apply if RESIDENT has accepted and moved into “alternate accommodations" as described above). RESIDENT shall not undertake or permit his/her family or guests to undertake, any hazardous acts or do anything that will increase the project's insurance premiums. Such action constitutes material non-compliance. If the Leased Premises are damaged by fire, wind, rain, earthquake, or other disaster, to the extent that the unit is not habitable, and the damage is not caused or made worse by the RESIDENT. RESIDENT will be responsible for rent only up to the date of the destruction. Additional rent will not accrue until the unit has been repaired to a livable condition. 17. RIGHT OF ENTRY. LANDLORD's agents, employees or representatives may enter and inspect the Leased Premises during normal business hours and upon reasonable advance written notice of at least 24 hours* delivered to the Premises, with or without RESIDENT's presence, for any lawful purpose. LANDLORD’s agents, employees or representatives may enter the Leased Premises in such manner for the purpose of performing routine inspections and maintenance and/or for making improvements or repairs. *Except in case of bedbug or other pest occurrences for which LANDLORD may enter and inspect the Leased Premises during normal business hours and upon reasonable advance written notice of at least 8 hours. When there is reasonable cause to believe that an emergency exists, LANDLORD may enter the Leased Premises at any time without advance notice. If RESIDENT is not present at the time of LANDLORD’s entry to the Leased Premises, LANDLORD shall leave at the Leased Premises a written statement specifying the date, time and purpose of entry prior to leaving the Leased Premises. After RESIDENT has given notice to LANDLORD of RESIDENT's intent to vacate the Leased Premises, RESIDENT agrees upon notice to permit LANDLORD to show the Leased Premises to prospective residents during normal business hours for the purpose of re-renting. 18. DISCRIMINATION PROHIBITED. LANDLORD agrees not to discriminate based upon race, color, creed, national origin, sex, age, familial status or disability. 19. TERMINATION OF LEASE. a. To terminate this Lease, RESIDENT must give LANDLORD 30-days written notice before moving from the Leased Premises. Failure to provide 30 days written notice will result in rent being charged to RESIDENT for the full required notice period. RESIDENT agrees to leave the unit ina clean and good condition, (except for reasonable wear and tear). Rent will continue until all keys are returned to LANDLORD. Page 8 f° C XX b. LANDLORD may terminate or refuse to renew this Lease for the following reasons: 4 RESIDENT's material noncompliance with terms of this Lease and/or the applicable addenda, including but not limited to: a, Non-payment of rent or any other payment due under this Lease. b. Serious or repeated violation of material terms of the Lease. RESIDENT’s (all household members) extended absence from the Leased Premises defined as: a. Ninety (90) consecutive days during any 12-month period (non-medically related absence); or