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DAVID P. WASSERMAN (CA SBN 171923)
WASSERMAN-STERN
2960 Van Ness Avenue
San Francisco, California 94109-1020
Telephone: (415) 567-9600
Facsimile: 415) 567-9696
Email: dwasserman@wassermanstern.com
Attorneys for Plaintiff, OLIVE GROVE CAPITAL, LP
SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN FRANCISCO
LIMITED CIVIL JURISDICTION
OLIVE GROVE CAPITAL, LP, )
; Case Number: CUD 20-666894
Plaintiff,
DECLARATION OF DAVID P.
vs. WASSERMAN, ESQ. RE COPY OF LEASE
AGREEMENT
EVERETT PETER LYNN, an individual, and
DOES 1 through 10, inclusive,
Defendants.
ere
I, DAVID P. WASSERMAN, declare as follows:
1. Iam an attorney at law duly licensed to practice before all of the courts of the State of California,
and I am the attorney of record for OLIVE GROVE CAPITAL, the plaintiff and landlord (“plaintiff”) in
this action. Unless otherwise stated, I make this declaration from my own personal, first-hand knowledge
and if called upon as a witness, 1 could and would competently so testify.
2. Iam informed and believe that plaintiff has performed a diligent search for the original lease and
cannot locate it. However, a true and correct copy of the written lease is attached hereto.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct. Executed on March 12, 2020 in San Besnesso- Caloris
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DECLARATION OF DAVID P. WASSERMAN, ESQ. RE: COPY OF LEASE
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4, INTRODUCTION: jDlive Grove Canis LE (OWNER) tents to Everett Peter Lynn (‘TENANT’) and Tenant agrees to rent
St Ff 94123 (the ‘PREMISES’), No other portion of the building (the ‘BUILDING’), where
the Premises is Tocated is included unless expressly provided for in this Agreement (the ‘AGREEMENT ). The Premist is provided
unfinished. The appliances provided at inception ofthe tenancy are described as: Range, Dishwasher, R te n
‘The Premises is a Studio unit. No conversion of any other space to a room is permitted, and any such conversion will not change
the herein-defined number of bedrooms or sleeping areas for purposes of establishing number of rooms under the provisions of
the San Francisco Rent Ordinance, despite or regardless of the Owner's inaction or consent to such conversion.
2 TERM: The term of this rental shall begin on $/1/2018 and end on 4/30/2019 and thereafter shall be month-to-month on the same terms
and conditions as stated herein, except for any changes lawfully imposed. This Agreement shall be effective on the last date
executed by all parties, or on the date that Owner delivers possession of the Premises to Tenant, whichever occurs first ~
3. PHYSICAL POSSESSION: If Owner is unable to deliver possession of the Premises at the commencement of the term, Owner shall
not be lable for any damage caused thereby, nor shall this Agreement be void or voidable, but Tenant shall not be liable for any rent until
possession is delivered,
4. RENT: The initial monthly base rent for the Premises shall be $2,350.00. All rent is due and payable in advance on the 1" day of
each and every month (the "Due Date") without offsets, deductions or credits. All rent shall be paid to Owner, or Owner's designated
representative,
Tenant agrees always to pay rent by personal check, cashier's check, money order, or online if online payments are made available by Owner,
and not use cash unless specifically requested by Owner. Rent shall be paid to Owner at the following address: P.O, Box 117309, Burlingame
CA. 94011 during normal business hours, or at such other place designated by Owner. Rent for any partial month shall be pro-rated at
the rate of 1/30th of the monthly rent per day.
Tenant shall pay the following during the first months of the tenancy:
One month’s rent at move-in: $2,350.00. Security Deposit of $3,525.00.
Thereafter Tenant shall pay the full monthly rent on the 1st day of each month,
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 entirely Tenant's responsibility to collect individual checks independently in order to submit a
combined single payment. Tenant bears the risk of loss or delay of any payment made by mail. Owner must receive mailed rent
payments on or before the Due Date. 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 a restrictive endorsement on the face of any
check. Owner will accept rent payments only from Tenant. 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, nor shall acceptance of the third-party payment be deemed as acceptance or
acknowledgment of any third party or roommate as a tenant of Owner. Acceptance of rent by Owner or Owner’s agent from
anyone other than Tenant shall not create or establish a relationship between Owner and that third party. Rent tendered by a third
party shall be deemed rent tendered on behalf of Tenant only and not on behalf of the third party, regardless of whether it contains
a restrictive endorsement. If Tenant pays online or by direct deposit, such payment shall be deemed to come from Tenant
regardless of the source of the payment. In addition, payment online or by direct deposit may be rejected or returned by Owner
during the pendency of any lega! action, or in anticipation of a legal action. Failure or refusal by Tenant to cash Owner's rent
* refund check shall not defeat Owner’s rejection of the rent being refunded. The parties agree that any deposit made by Tenant or
subtenant after a tenancy has terminated, or after the expiration of a three-day notice to pay or quit or to perform covenant or quit,
shall be null and void and shall not constitute payment by Tenant or acceptance of rent by Owner unless Owner and Tenant agree
in writing to the contrary.
5, SECURITY DEPOSIT: Before the commencement of the term, Tenant shall pay a security deposit of $3,525.00 (the ‘Security
Deposit’) for the purposes set forth in Civil Code Section 1950.5. 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
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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 appurtenanpes, exclusive of ordinary wear and tear, Tenant
agrees that if Owner determines that it is necessary and appropriate for Owner to have the Premises professionally cleaned when Tenant
vacates the Premises, then the cost of that professional cleaning will be the sole responsibility of Tenant. Owner will have the right to deduct
the cost of such cleaning from Tenant's security deposit. Owner shall, within the time period allotted by law, refund any balance after such
deductions to Tenant after Tenant has vacated the Premises. Tenant understands and acknowledges that if Tenant leaves the Premises
In such a condition that Tenant’s security deposit is inadequate to fulfill its intended use as set forth above, then Tenant shall be
liable for all of Owner's costs incurred as a result of the insufficient amount of Tenant's security deposit. If there are multiple
tenants, then each tenant is jointly and severally liable for all such costs. Tenant shall not be deemed to have vacaied the Prenaises for
purposes of this paragraph until a) Tenant retums 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 possess the Premises. :
The security deposit is a security deposit for the Premises—not an individual. This means that no part of the security deposit is
refunded unless all persons occupying the unit vacate it. When the security deposit is refunded, it is refunded jointly all named
tenants,
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 payment refunding any balance of the Security Deposit may be 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 interest as directed by such law, less deductions, on the. amount currently
held as a Security Deposit less any lawful deductions or off-sets, provided the tenancy does not terminate before the Security
Deposit has been held for one (1) year. Said payment of interest shall be made once g year commencing with the date the Security
Deposit has been held for a year. Upon Tenant's surrender of the Premises, if the Security Deposit is insufficient to remedy
Tenant's default in rent, to repair damage caused by Tenant, or to clean the Premises, Owner may use from the accrued unpaid
interest such amounts as are necessary for those purposes. Accrued unpaid interest or balance thereof, if any, shall be mailed to
Tenant at Tenant's last known address in the same manner as any refund of the Security Deposit. Failure by Owner to pay interest,
if required by law, shall not constitute a defense in any unlawful detainer action. .
Owner may increase the Security Deposit up to the maximum allowed by law at any time with lawful notice. The parties agree
that the Security Deposit is not rent and therefore not subject to any local rent control law.
Ifthe amount of the security deposit being held by Owner is less than the maximum amount permitted by law at any point during the tenancy,
then Owner may, at any time upon thirty (30) calendar days notice, require Tenant to increase the amount of the security deposit being held
by Owner to any amount up to the maximum that is legally allowable at the time such notice is issued. (The calculation of such increased
amount shall be based upon the amount of the monthly rent for the Premises that is payable at the time the notice is issued). If Tenant fails
to pay Owner any such increase after the expiration of the thirty (30) day notice period, then Tenant will be in material breach of this
Agreement. The parties agree that the Security Deposit is not rent and therefore not subject to the Rent Ordinance.
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 epply 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.
If Tenant's apartment contains carpet, tenant agrees to steam clean carpet by a owner-approved vendor at Move-Out of
Property.
6 FAILURE TO PAY: Pursuant to Civil Code Section 1785.26, you are hereby notified that a negative credit report reflecting on your
credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations, such as your financial
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obligations under the terms of this Agreement.
7. 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 &
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 $75,00 for any payment of rent not received by Owner on or prior to the Due Date. The parties agree that this late
charge represents a fair and reasonable estimate of the costs and damages that Owner will incur by reason of late payment by Tenant,
‘Tenant shall pay to Owner said charges within ten (10) days of the date of Owner's invoice. The provision for 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 three (3) separate occasions within any twelve (12) month
period shail constitute habitual late payment of rent and may be considered a just cause for eviction, Payment of the late charge
does not cure the late payment for purposes of establishing 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, storage or any other service of tenancy
including, but not limited to, utility and late charges. 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. Payment or collection of a
late fee, even if coupled with a rent remittance, shall not constitute a defense in an unlawful detainer action.
8 RETURNED CHECKS: Tenant and Owner agree that Owner will sustain costs and damage as a result of a check that is not
honored by the bank on which it is drawn, for any reason, 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 to Owner the additional sum of $35.00 as a reimbursement of the expenses incurred by
Owner. A dishonored check shall constitute late payment of rent and shall be sybject to the provisions of Section 7 above
regarding late payment, including but not timited to habitual 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.
Payment or collection of a charge for a dishonored check, even if coupled with a rent remittance, shall not constitute a defense in
an unlawful detainer action. Owner reserves the right, as allowed by law, to demand payment of rent by certified funds, cashier’s
check or money order for future payments in the event of any such returned check or any other monetary default by Tenant and
rent tendered in any other form may be refused by Owner. Nothing in this Paragraph shall limit other remedies available to Owner
88 a payee of a dishonored check. Owner and Tenant agree that three (3) returned 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 and liable 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 is relinquished to Owner, regardless of whether any named Tenant occupies the Premises.
10. INDIVIDUAL LIABILITY: Each person who signs this agreement, whether or not sald 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 costs to remedy damages to the Premises regardless of whether such
damages were caused by Tenant, Tenant's guests or invitees. This joint and several fiability provision applies for as long as any
one of the Tenants remains in possession or for as long as any of their subtenants remain in possession.
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41, OCCUPANCY: Tenant(s) named in Paragraph 1 of this Agreement and no others is (are) 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 not have overnight guests on the Premises for 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 overnight more than fifteen
(15) consecutive days or more than thirty (30) days in any calendar year shall not be considered original occupants of the Premises.
‘Tenant 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 Paragraph shall be
deemed a substantial and material breach of this Agreement and is agreed to be a just cause for eviction. A person is not a guest
when he or she provides any consideration to Tenant for the privilege of occupying the Premises or any portion thereof.
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12. INSPECTION OF PREMISES: Tenant agrees that furnishes, equipment, plumbing, heating, and electrical systems including smoke and
carbon monoxide detectors, where applicable, are operative and are deemed satisfactory unless Owner is notified in writing by Tenant to the
contrary within 48 hours after Tenant occupies the Premises. The failure by Tenant to provide such notification to Owner within 48 hours of
occupancy shall be an acknowledgement by Tenant that the Premises is 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 to applicable zoning laws and the prior written
consent of Owner is obtained in advance of such proposed use, As a condition for granting such permission, Owner may require that
Tenant obtain liability insurance for the benefit of Owner. Tenant and Tenant’s guests shall not use the Premises, nor the Building or
the property where the Premises is located, in violation of any law, statute, or ordinance. Use of the Premises for an illegal purpose shall
constitute a substantial and material breach of this Agreement and shall be a just cause for eviction.
Tenant may not store or place any personal property outside of the Premises unless otherwise allowed by the terms herein, and Owner
has the right to remove or dispose of any such improperly placed items without notice. Tenant shall refrain from storing gasoline,
cleaning solvents, or any other flammable liquids or gases inside the Premises. Tenant may not install, place, or affix audio or video
equipment or cameras outside of the Premises except as provided by law.
Garage sales and auctions are prohibited. Tenant may not place any items of any kind at any time in the common areas of the building,
‘Tenant will not commit, cause, or permit any waste in, upon, or about the Premises and building. Tenant shall not use barbecues,
grills, or any other open-flame cooking equipment in or about the Premises with the exception of the appliances provided by
Owner in Section | of this Lease.
14, NUISANCE: Tenant and Tenant's guests shall not disturb, annoy, harass, or endanger any other occupants of the Building
or the Building’s neighbors. Tenant and Tenant’s guests shall not commit waste or nuisance upon the Premises, in the Building,
or on the property in which the Premises is located, A violation of this shall constitute a substantial and material breach of this
Agreement and shall be a just cause for eviction.
18. SHORT-TERM RENTAL: Tenant is prohibited from offering all or part of the Premises for short-term rental, such as through
AirBNB, VRBO, or other such sites or programs, regardless of any local laws that may be or have been enacted. Any advertising
or online postings as well as actual rentals of the Premises to vacation or short-term guests shall constitute a material breach of
this Agreement and shall be a just cause for eviction. Any person who is not a Tenant, as defined herein, who occupies any portion
of the Premises, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without
limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is NOT a
guest, and such occupancy constitutes unauthorized subletting or assignment, which is an illegal use as well as a substantial and
material breach of this Agreement and shall be a just cause for eviction.
46. ASSIGNMENT AND 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. Should the Premises ever be sublet or assigned for any reason, Owner reserves
all rights under the Costa-Hawkins Rental Housing Act, successor statue, or local regulation to adjust rent. Moreover, Owner
shall not acknowledge, screen, approve, or otherwise communicate with any subtenant or assignee, and rent shall only be
accepted from Tenant. Any subtenants/assignees, while not a co-tenant, must nevertheless honor and abide by every term of
this Agreement. Should all original occupants who took possession of the Premises pursuant to this Agreement no longer
permanently reside at the Premises, any subtenants or assignees remaining in possession will be bound by all terms of this
Agreement and shall be responsible to pay the adjusted monthly rent. Tenant will notify Owner in writing if and when the
Premises is no longer the permanent place of residency or the principal place of residency of Tenant. Owner and Tenant hereby
agree that should Tenant fail to so notify Owner, Owner shall be damaged monetarily as follows: The monthly rent differential
between what Tenant was paying when Tenant first began to no longer permanently reside at the Premises or use the Premises
as a principal place of residence and the fair market monthly rent for the Premises during the same period. Therefore, in such
instances where Tenant withholds this information from Owner, Tenant shall be liable to Owner for this difference in rental
value for each month from the time Tenant ceases using the Premises as a permanent or principal place of residence through the
time that Owner adjusts the monthly rent to fair market value.
If the foregoing absolute prohibition is at any time invalidated, the provisions of subparagraph 15A above shall govern any assignment and
subletting, there must be an "original" tenant who uses the premises as his/her primary residence, and any additional rights which are
to Owner as part of any changes in laws with regard to assignment and subletting shall be incorporated into the Agreement
and become binding upon Tenant, If the absolute prohibition is at any time invalidated, then there can be no subletting and/or
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assignment without prior written notice to Owner, and the potential sublettee or assignee completing Owner's normal rental
application and passing Owner's normal rental screening and v ation process.
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Tenant Initial: Tenant Initial:
47. SMOKING: Smoking of any substance is not permitted in the Premises or in any common area of the Building. Tenant shall
inform all guests or invitees of this smoking prohibition. Any breach of this provision by Tenant shall be deemed a material
breach of the Agreement and may be just cause for eviction. Tenant shall promptly notify Owner in writing of any incident where
smoke is migrating into the Premises or Building common areas [rom sources outside of the Premises. Tenant is hereby informed
that there may be rental units in the Building where smoking is permitted. Owner shall not be liable for any damage or injury to
Tenant's health or personal property, or any other person's health or personal property, occurring on the Premises or any part
thereof, in connection with the use of tobacco or tobacco products by any other resident or occupant in the Building. Tenant
acknowledges that other residents in the Building may be permitted (o smoke inside of their units. If Owner has exercised proper
diligence in ascertaining and disclosing the location of other units where smoking is, or has been, permitted, this disclosure still
may not be accurate either in whole or in part. Owner's designation and disclosure of non-smoking areas does not make Owner
the guarantor of Tenant's health, or of the smoke-free condition of the areas in which smoking is prohibited, or that the Building,
will be free from secondhand smoke. The tobacco smoke disclosure’s accuracy is dependent in significant part on compliance by
all residential tenants and their guests. Thus, while Owner has made every reasonable effort to ascertain and identify units where
smoking is, will be, or has been permitted, this disclosure is not guaranteed or warranted to be accurate. As such, Tenant shall
hold Owner and Owner's agents harmless for any personal injury or property damage resulting from the disclosure of the use of
or exposure to tobacco and tobacco products and shall indemnify Owner and Owner's agents from any claim of personal injury
asserted against Owner and Owner's agents by any guest, invitee or subtenant of Tenani. This hold-harmless and indemnity clause
shall survive the termination of the tenancy and this Agreement. Local ordinances may restrict the use of e-cigarettes on the
Premises. The use of marijuana may only be done in accordance with local, state and federal laws, and ‘Tenant, as well as Tenant’s
guests, invitees, and subtenants must use smokeless delivery systems for any marijuana use.
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, or Tenant's guests, invitees or friends. The failure to abide by the covenant shall constitute a material
breach of this Agreement and is a just cause for eviction.
48. FINES AND PENAL’ Tenant is responsible for any fines or other costs occasioned by violations of laws, restrictions,
and regulations by Tenant or anyone else on the Premises or property while Tenant is in possession. If any such fines or costs are
levied against Owner. Tenant agrees to pay such fines or costs attributed to Tenant's tenancy or conduct of Tenant. Tenant's
guests, or others at the Premises upon a receipt of an invoice from Owner. The obligation to pay fines and costs assessed against
Owner may be in addition to any fines or penalties assessed directly against Tenant.
49. PETS: NO pets are allowed in or about the Premises. or in the Building. or on the property in which the Premises is located,
even temporarily or with a visiting guest, except as allowed by law or by the express written consent of Owner. Tenant is
hereby informed that there may be rental units in the Building where animals are currently allowed or may be allowed in the
future, Owner shall not be liable for any damage or injury to Tenant's health or personal property, or any other person's
health or personal property. occurring on the Premises or any part thercof in connection with the presence of animals in or
around the Building. Strays shall not be kept or fed in or about the Premisi can be dangerous and Owner must be
notified immediately of any strays in or about the Premises. Ifa pet has been ina Tenant's apartment or allowed into the building,
even temporarily (with or without Owner's permission) Tenant may be charged for cleaning, de-fleaing, deodorizing or
shampooing any portion of the building or Premises at the discretion of Owner. In the event that ‘Tenant requires a service animal
in the Premises, in addition to any regulatory requirements related to service animals, Tenant shall execute and be bound by
Owner's Animal Agreement (a copy of which is available upon request).
20. LIQUID-FILLED FURNITURE AND AQUARIUMS: Waterbeds, liquid-filled fimmiture, and aquariums are prohibited. ifthe Premises is
focated in a structure for which the original Certificate of Occupancy was issued after January 1, 1973 then liquid-filled furniture may be permitted
only upon written consent of Owner and acceptance of liability by Tenant. Owner may require a completion ofa Waterbed Agreement in the case
ofa waterbed, which shall become part of this Agreement.
21. ROOF/FIRE ESCAPES: Use of the roof and/or the fire escapes by tenants and/or guests is limited to emergency egress ONLY. No
other use is permitted, including but not limited to. the placement of personal property. No storage of any kind will be permitied
on fire escapes or in other common areas, Owner reserves the right to remove any unauthorized personal property at any time
without notice. Tenant acknowledges that the roof of the building in which Tenant is residing is not to be accessed in any way,
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unless there is an emergency. Tenant acknowledges that the roof has no protective decking or safety railing. Tenant
acknowledges that because there is no protective decking on the roof, walking on the roof will cause direct damage to the
integrity of the roofing material as well as shorten the life span of the roof. Tenant agrees to have $500.00 deducted from
Tenant’s security deposit if said Tenant and/or Tenant's guests access the roof for any situation other than an emergency.
22, BALCONIES/PATIOS: Balconies and patio, if provided, are not to be used for sjorage of any kind, and only minimal outdoor
furniture and potted plants with sturdy drip containers may be placed in these areas. Railings may not be used to hang towels,
clothes, or other items. Tenant shall be considerate of outward appearances and potential hazards in the use of said facilities. The
California Fire Code PROHIBITS the use of charcoal grills, large propane grills, or other open-flame cooking devices in multi-
family housing, and such usage is hereby prohibited anywhere in or about the Premises, in the Building, or in any backyard or
garden areas of the property. There is an exception for electric grills or small propane grills (one pound or fess of liquid fuel) on
open balconies or patios only; however, the use of these devices must be approved by Owner, in writing, before usage is allowed
to occur.
23, STORAGE:
[X] No additional storage space outside of the Premises is authorized, permitted or provided under this Agreement.
{_ ] Storage space described as: None is hereby provided. Tenant releases Owner from any liability for loss or damage to Tenant-s property
while stored on the Premises. Any property stored in designated storage areas shall be removed on or before the date of termination of tenancy.
In the event such property is not so removed, Owner may dispose of same without any liability to Tenant whatsoever and Tenant hereby
specifically waives any rights as defined in Civil Code Section /980 et. seq. Owner reserves the right to Inspect all such storage areas and
require necessary removal or clean up as it deems necessary for the health and safety of the Premises, the bullding and/or its occupants.
No storage of any kind will be permitted on fire escapes or in other common areas,
24. PARKING SPACE(S): This agreement does not provide for the parking or storage of any motor vehicle or motorcycle, anywhere in
or about the Premises, the Building, and/or the driveway(s). Ifa Parking Agreement is ajtached hereto, the terms of that agreement shall
‘supersede this section, PARKING SPACE(S).
28. UTILITIES: Tenant shall pay for all utilities, services, and charges provided to the Premises. For utilities required to be paid
directly by Tenant, Tenant must place all utilities in Tenant’s name beginning or on or prior to the first day of the term of this
agreement. Tenant agrees to comply with any energy, water conservation, or utility-sharing programs implemented by Owner.
Tenant understands that the rent paid by all Tenants is partially determined by the cost of utilities, Nothing contained herein
prevents Owner from passing through to Tenant utility costs as provided by law. Tenant shall be provided access to the Building
and the Premises for the installation of utility and communication lines and services as required by law and upon prior written
consent by Owner. To the extent that any utilities, services, and charges provided to the Premises are not paid by Tenant as set
forth above, Tenant agrees to only use such utilities, services, and charges provided to the Premises which are reasonably
necessary for the ordinary comfort and safety of Tenant to reside in the Premises. Excessive use of such utilities, services, and
provided to the Premises shall constitute a material breach of this Agreement. Tenant may not charge any device,
including vehicles, in Building common areas or in designated parking/storage spaces without Owner’s express written consent.
Ifa parking area is rented to Tenant for Tenant’s exclusive use, Tenant may not use the electrical outlet to charge Tenant’s vehicle
unless Tenant has obtained the express written permission of Owner to do so. Owner’s requirement to provide utility services
shall be limited to what is required by law. open an y PG&E for its ga ity
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0 tt it ve
ree: building 6% (1/21), pay to Owner
Tenant's proportionate share of said charges within ten (10) days of the date of Owner's invoice. All charges not paid within said
ten (10) day period shall be subject to the Late Fee set forth in Section 7 above,
Ifany government entity assesses any fines, penalties, or increased water charges for excess water use, Tenant shall be responsible
for paying those penalties on a pro rata basis with the other occupants of the building if there is a shared water meter for more
than one unit, In that event, Owner shall calculate the proration using Owner's reasonable efforts considering what documentation
is available to Owner, which may include water usage occurring prior to Tenant’s occupancy. As an alternative to a proration
calculation, Owner may, if Tenant’s water-use in any month (or other period billed by the San Francisco Public Utilities
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‘DocuSgn Envelope ID: OOABF28A-18BD4E10-AA' borOTEES 5. NANCY AGRE
Commission) is greater than one and one-half times the average use of other units in the Premises, require Tenant to pay all costs
greater than this one and one-half times average. Owner's determination of the amount Tenant owes shail be final and binding,
‘on Tenant. If the Premises has a separate water meter, Tenant shall be solely responsible for any fines, penalties, or increased
water charges assessed by any government entity.
Tenant shall comply with San Francisco's Mandatory Recycling and Compost Ordinance. If the garbage company or any
government entity imposes any additional charge for excessive garbage, improper recycling, or for any other reason related to
Tenant’s garbage, then Tenant is solely responsible for such charges.
If the Premises has a security and/or fire alarm system, then any fees or penalties by the alarm company for false alarms caused
by Tenant or Tenant's invitees, and any fees, fines, or charges for such false alarms assessed by any government entity, shall be
Tenant's sole responsibility for paying.
In accordance with local regulations Owner shall provide ons working telephone line and one working telephone jack into the Premises.
Unlike the local gas and electric company, the telephone company charges for time required to repair telephone lines, wall jacks, etc. Therefore,
Tare Sad cbf ee ep in force an nse Weng Repair Pani evel, wit he elo company tat ik Gee Gone of ay
necessary repairs.
‘Tenant shall be provided access to the building and the Premises for the installation of utility and communication lines and services ONLY as
required by law and ONLY upon prior written consent by Owner,
26, INTERRUPTION OF SERVICES: Owner shall not be liable to Tenant or to any other person for damage, nor shall Owner be
in defautt under this Agreement, for any interruption of reduction of utilities or services caused by someone other than Owner, or
by Owner due to circumstances beyond Owner's reasonable control.
27. LOCKS: Tenant shall NOT change any lock or alarm, or place additional locking devices or alarms upon any door or window
of the Premises without the prior written consent of Owner. In the event of such installation, Tenant shall provide Owner with keys
to such locking device or alarm combination upon Owner's request. Any expense incurred by Owner as a result of Tenant’s action,
such as changing of locks, or consignment of keys, shall be reimbursed by Tenant upon demand. Once installed, an approved
Jock may not be removed even when the unit is vacated. Keys to the Premises are the exclusive property of Owner. Tenant shall not
consign keys to the Premises to any other person without the prior written consent of Owner. All keys must be retumed to Owner
when Tenant vacates. Tenant shall be charged for the cost of new locks and keys if all keys are not returned.
In the event that any keys to the Premises are lost, Tenant shall be liable for the entire cost of all key and lock replacement,
at the discretion of Owner, as required for the security of the Premises or the Building. This may include the costs of re-keying the
entire Building if Owner, in Owner's sole discretion, deems such action is necessary.
‘Should Owner receive a request for access from a subtenant or guest of Tenant, Owner may, at Owner's discretion, grant access to
the subtenant or guest if Tenant instructs Owner to do so. However, Owner’s decision to accommodate this request shall not be deemed
as an acknowledgement or approval of a sub-tenancy or subsequent occupancy of anyone. For purposes of this requirement, “lost”
includes keys, etc. that have been stolen. Tenant shall take care not to lock himselffherself/themselves out of the Premises and/or
building. If Owner is required to assist Tenant in gaining access to the Premises and/or building on more than one occasion,
Owner may charge Tenant $100.00 for each successive lockout, or may require Tenant to contract with a professional locksmith.
If Tenant requests additional keys/key-sets, then Owner will, within fourteen (14) calendar days after receiving Tenant’s written
request either deny such request in writing by specifying why the request is unreasonable or provide the requested keys/key-sets
upon Tenant's payment of documented replication costs.
28, ALTERATIONS: Tenant shall NOT remodel, renovate, paint, refinish floors, or otherwise alter the Premises, common areas,
or any other parts of the building, Tenant shall not apply adhesive paper to any cabinets, walls, or doors; nor shall Tenant hang
any plants, planters or lighting fixtures from ceilings or walls; nor shall Tenant tack, nail or glue any coverings to floors or walls
without prior written consent of Owner. Tenant shall not install or operate any washing machines, clothes dryers, portable
dishwashers, deep-freeze units, or other such appliances, pianos, organs, or outside antennae on the Premises without prior written
consent of Owner, No plants, planters, or plant boxes may be placed directly on floors, carpets, window ledges, or on fire escapes.
Upon termination of tenancy, Owner shall have the option, at Owner’s sole discretion, to require Tenant to restore the Premises to
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2018cman onepenaratnoefg( EE NANCY AGREEMENT“
the original condition as received excepting normal wear and tear. All alterations, additions, or improvements that Owner has not
required Tenant to remove shall become Owner's property and shall be surrendered to Owner upon the expiration or earlier
termination of the Agreement. :
All alterations made by Tenant to the Premises (which are only to be made with Owner’s written approval) shall, at Owner's
option become Owner’s property when this Agreement terminates. Alternatively, Owner may require Tenant, at Tenant’s sole
cost, to remove any such alterations to restore the Premises to their condition at the inception of Tenant’s tenancy.
29. MAINTENANCE AND REPAIRS: Tenant shall, at Tenant's expense, at all times maintain the Premises, furnishings and
appliances, if any, in a clean, good, and sanitary condition, and shall surrender the same upon termination of tenancy in the same condition
as received (excepting normal wear and tear). Tenant understands that Tenant is Responsible for the cost of repair of all damage in or about
the Premises whether caused by Tenant, or anyone else using or occupying the Premises during the tenancy.
‘Tenant must keep doors and windows, and access to them, unobstructed and not block them with personal items or otherwise, and must
maintain clear pathways into and through each room of the Premises. Tenant may not maintain the Premises in a manner that prevents
necessary access through each room and to all doors and windows, inhibits necessary airflow, acts as a potential haven for pest and mold
growth, creates a fire hazard, or prevents the Premises’ rooms from being used for their intended purposes.
‘Tenant may not make any alterations or 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 telephone number of any new telecommunications provider. Tenant shall hold Owner harmless
and indemnify Owner as to any mechanic’s lien recordation or proceeding caused by Tenant. Tenant agrees to pay all costs resulting from
the alteration and agrees to pay Owner any costs incurred as a result of restoring the inside wiring to the condition at the time of move-in,
except for reasonable wear and tear. Tenant is advised that any cable or intemet provider seeking to install hardware within the Building
and/or the Premises must first seek approval from owner.
Any and all cleaning to the interior of the Premises, including carpets and drapes, shall be at the sole expense of Tenant, Tenant agrees to
own and regularly use a vacuum cleaner with hose and dust brush attachment; keep bathroom floors dry. No plants, planters or plant
boxes may be placed directly on floors or on carpets, on window ledges or on fire escapes.
Except in an emergency, maintenance and repair requests must be made in writing and delivered to Owner or Owner’s agent. Such notice
shall also be deemed permission to enter the Premises to perform such maintenance or repairs in accordance with Civil Code Section
1954 and paragraph 23 herein unless otherwise specifically requested, in writing, by Tenant. Tenant, however, may not place any
unreasonable restrictions upon such access or entry. The Premises shall be rebuttably presumed to be in a safe and habitable condition unless
‘and until written notice to the contrary is received by Owner.
In the event that Premises is provided with hardwood floors or other non-carpeted floor surfaces, Tenant hereby agrees to keep at least 80%
of such areas covered with floor rugs or carpet. It is also hereby understood that Tenant shall not change or replace any window coverings
visible ftom outside the Premises or building without the prior written consent of Owner.
‘The cost of repairs or clearance of stoppages in waste pipes, drains, water pipes, or plumbing fixtures caused by Tenant’s negligence or improper
use are the responsibility of the Tenant. Tenant shall reimburse Owner for the plumbing repair costs upon demand,
‘Tenant acknowledges that the Premises and the building from time to time may require renovations or repairs to keep them in good condition
and repair and that such work may result in temporary loss of use of portions of the building or Premises and may inconvenience Tenant.
‘Tenant agrees that any such work is part of the condition of the rental of the Premises and is contemplated in the amount of rent paid.
Therefore, Tenant agrees that any such loss shall not constitute a reduction in housing services or otherwise warrant a reduction in
rent. If, during the course of renovations, repairs, and/or capital improvements, Owner requests Tenant to temporarily, but
completely, vacate the Premises, and Tenant fails to do so by the date requested or required by Owner, then Tenant understands
and agrees that Tenant's failure to vacate will be a material, substantial, and incurable breach of this Agreement, and will
constitute grounds, in and of itself, for the termination of Tenant’s tenancy. If Tenant is required to vacate the Premises for
Owner to make renovations, repairs, and/or capital improvements that are necessitated by Tenant or Tenant’s invitees’ willful or
negligent acts or misuse, then Tenant understands that any relocation expenses payable under any applicable Rent Ordinence will
be offset by the costs of repairs that Tenant is responsible to pay due to such intentional or negligent conduct.
In the event that the Premises contains landscaping under the exclusive control of Tenant, Tenant shall be required to properly
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DocuSign Envelope 10: O2ABF26A-1BBD-4E18-AAL FOTBE iT
maintain the landscaping at all times during the tenancy. The failure to maintain landscaping shall constitute a breach ofa material
lease covenant. Tenant shall promptly advise Owner of any problems with the landscaping, including, but not limited to, dead
grass, plants or tree limbs, insect infestations, discolored or yellowing foliage, and insufficient irrigation or leaks. Tenant may
NOT delegate the responsibilities of this Paragraph to any person, including a contractor or other landscaping professional,
without the prior written consent of Owner. Tenant shall comply with all water/dronght restrictions.
Tenant acknowledges that the Premises and the Building from time to time may require, or in Owner's discretion needs
renovations (including seismic retrofitting and the construction of additional dwelling units) or repairs to keep them in good
condition and repair and that such work may result in temporary loss of use of portions of the Building or the Premises and may
inconvenience Tenant. Tenant agrees that any such loss shall not constitute a reduction in housing services, severance of housing
services, or otherwise warrant a reduction in rent.
Tenant must communicate repair requests directly to Owner. Non-emergency repair requests from guests or subtenants shall not
be processed; however, should Owner elect to process such repair or maintenance requests from persons other than Tenant, that
election shall not create a direct relationship between Owner and the third party.
Tenant acknowledges that all sink and tub drains are in perfect working order and are not clogged prior to tenant taking possession
of unit. Tenant will be held financially responsible for repairing and/or unclogging the plumbing of any clogged drains in the
future that are a direct result of tenant negligence. Only owner-approved plumbers to unclog the drain(s).
Owner does not furnish or replace light bulbs of any kind within the unit.
If Tenant’s apartment contains stainless steel appliances, Tenant acknowledges that improper cleaning of the stainless-steel
surfaces will irreparably damage the stainless-steel finish and necessitate the replacement of the damaged appliance. Therefore
Tenant agrees that (s) he shall only use cleaners specifically formulated for stainless Steel appliances such as “Zep Stainless
Steel Cleaner” and that Tenant shall first test the cleaner on an inconspicuous part of the appliance to ensure that it does not
damage the stainless Steel finish. Should the stainless-steel finish be damaged (excluding normal wear and tear), Tenant shall
be responsible for the pro-rated replacement cost of the appliance. Normal wear and team does not include surface scratches
from magnets affixed to appliances.
Tenant agrees to use water efficient shower head (1.5 Gallons per Minute) already installed in bathroom of unit or to be installed
by owner in the future.
Owner requires that all rooms with hardwood or hard-surface flooring be 80% covered by carpeting. Carpet covering may be
necessary to abate and contro! noise. Failure of Tenant to comply with any request to cover 80% of all rooms with hardwood or
hard-surface flooring, including all hallways and other areas normally subject to foot traffic, shall constitute a just cause for
, eviction,
90. SATELLITE DISHES: Tenant may, ONLY upon prior written consent of Owner, install satellite dishes within the Premises.
However, such installation shall be subject to all of the following rules and conditipns: a) Dish must be installed WITH-IN the
exterior boundaries of the
Preview
DAVID P. WASSERMAN (CA SBN 171923) WASSERMAN-STERN 2960 Van Ness Avenue San Francisco, California 94109-1020 Telephone: (415) 567-9600 Facsimile: 415) 567-9696 Email: dwasserman@wassermanstern.com Attorneys for Plaintiff, OLIVE GROVE CAPITAL, LP SUPERIOR COURT OF CALIFORNIA - COUNTY OF SAN FRANCISCO LIMITED CIVIL JURISDICTION OLIVE GROVE CAPITAL, LP, ) ; Case Number: CUD 20-666894 Plaintiff, DECLARATION OF DAVID P. vs. WASSERMAN, ESQ. RE COPY OF LEASE AGREEMENT EVERETT PETER LYNN, an individual, and DOES 1 through 10, inclusive, Defendants. ere I, DAVID P. WASSERMAN, declare as follows: 1. Iam an attorney at law duly licensed to practice before all of the courts of the State of California, and I am the attorney of record for OLIVE GROVE CAPITAL, the plaintiff and landlord (“plaintiff”) in this action. Unless otherwise stated, I make this declaration from my own personal, first-hand knowledge and if called upon as a witness, 1 could and would competently so testify. 2. Iam informed and believe that plaintiff has performed a diligent search for the original lease and cannot locate it. However, a true and correct copy of the written lease is attached hereto. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 12, 2020 in San Besnesso- Caloris a emt epee DECLARATION OF DAVID P. WASSERMAN, ESQ. RE: COPY OF LEASE yews AG GTS“4 DocuSign Envelope ID: ewaraense0sero gyal” OTRESIES . NA NCY A GREEMENT = oad . 4, INTRODUCTION: jDlive Grove Canis LE (OWNER) tents to Everett Peter Lynn (‘TENANT’) and Tenant agrees to rent St Ff 94123 (the ‘PREMISES’), No other portion of the building (the ‘BUILDING’), where the Premises is Tocated is included unless expressly provided for in this Agreement (the ‘AGREEMENT ). The Premist is provided unfinished. The appliances provided at inception ofthe tenancy are described as: Range, Dishwasher, R te n ‘The Premises is a Studio unit. No conversion of any other space to a room is permitted, and any such conversion will not change the herein-defined number of bedrooms or sleeping areas for purposes of establishing number of rooms under the provisions of the San Francisco Rent Ordinance, despite or regardless of the Owner's inaction or consent to such conversion. 2 TERM: The term of this rental shall begin on $/1/2018 and end on 4/30/2019 and thereafter shall be month-to-month on the same terms and conditions as stated herein, except for any changes lawfully imposed. This Agreement shall be effective on the last date executed by all parties, or on the date that Owner delivers possession of the Premises to Tenant, whichever occurs first ~ 3. PHYSICAL POSSESSION: If Owner is unable to deliver possession of the Premises at the commencement of the term, Owner shall not be lable for any damage caused thereby, nor shall this Agreement be void or voidable, but Tenant shall not be liable for any rent until possession is delivered, 4. RENT: The initial monthly base rent for the Premises shall be $2,350.00. All rent is due and payable in advance on the 1" day of each and every month (the "Due Date") without offsets, deductions or credits. All rent shall be paid to Owner, or Owner's designated representative, Tenant agrees always to pay rent by personal check, cashier's check, money order, or online if online payments are made available by Owner, and not use cash unless specifically requested by Owner. Rent shall be paid to Owner at the following address: P.O, Box 117309, Burlingame CA. 94011 during normal business hours, or at such other place designated by Owner. Rent for any partial month shall be pro-rated at the rate of 1/30th of the monthly rent per day. Tenant shall pay the following during the first months of the tenancy: One month’s rent at move-in: $2,350.00. Security Deposit of $3,525.00. Thereafter Tenant shall pay the full monthly rent on the 1st day of each month, 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 entirely Tenant's responsibility to collect individual checks independently in order to submit a combined single payment. Tenant bears the risk of loss or delay of any payment made by mail. Owner must receive mailed rent payments on or before the Due Date. 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 a restrictive endorsement on the face of any check. Owner will accept rent payments only from Tenant. 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, nor shall acceptance of the third-party payment be deemed as acceptance or acknowledgment of any third party or roommate as a tenant of Owner. Acceptance of rent by Owner or Owner’s agent from anyone other than Tenant shall not create or establish a relationship between Owner and that third party. Rent tendered by a third party shall be deemed rent tendered on behalf of Tenant only and not on behalf of the third party, regardless of whether it contains a restrictive endorsement. If Tenant pays online or by direct deposit, such payment shall be deemed to come from Tenant regardless of the source of the payment. In addition, payment online or by direct deposit may be rejected or returned by Owner during the pendency of any lega! action, or in anticipation of a legal action. Failure or refusal by Tenant to cash Owner's rent * refund check shall not defeat Owner’s rejection of the rent being refunded. The parties agree that any deposit made by Tenant or subtenant after a tenancy has terminated, or after the expiration of a three-day notice to pay or quit or to perform covenant or quit, shall be null and void and shall not constitute payment by Tenant or acceptance of rent by Owner unless Owner and Tenant agree in writing to the contrary. 5, SECURITY DEPOSIT: Before the commencement of the term, Tenant shall pay a security deposit of $3,525.00 (the ‘Security Deposit’) for the purposes set forth in Civil Code Section 1950.5. 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 ‘ 1 2018“AL (OocuSign Envelope ID: ceapresateep-aEto-asel Yrovacsens 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 appurtenanpes, exclusive of ordinary wear and tear, Tenant agrees that if Owner determines that it is necessary and appropriate for Owner to have the Premises professionally cleaned when Tenant vacates the Premises, then the cost of that professional cleaning will be the sole responsibility of Tenant. Owner will have the right to deduct the cost of such cleaning from Tenant's security deposit. Owner shall, within the time period allotted by law, refund any balance after such deductions to Tenant after Tenant has vacated the Premises. Tenant understands and acknowledges that if Tenant leaves the Premises In such a condition that Tenant’s security deposit is inadequate to fulfill its intended use as set forth above, then Tenant shall be liable for all of Owner's costs incurred as a result of the insufficient amount of Tenant's security deposit. If there are multiple tenants, then each tenant is jointly and severally liable for all such costs. Tenant shall not be deemed to have vacaied the Prenaises for purposes of this paragraph until a) Tenant retums 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 possess the Premises. : The security deposit is a security deposit for the Premises—not an individual. This means that no part of the security deposit is refunded unless all persons occupying the unit vacate it. When the security deposit is refunded, it is refunded jointly all named tenants, 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 payment refunding any balance of the Security Deposit may be 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 interest as directed by such law, less deductions, on the. amount currently held as a Security Deposit less any lawful deductions or off-sets, provided the tenancy does not terminate before the Security Deposit has been held for one (1) year. Said payment of interest shall be made once g year commencing with the date the Security Deposit has been held for a year. Upon Tenant's surrender of the Premises, if the Security Deposit is insufficient to remedy Tenant's default in rent, to repair damage caused by Tenant, or to clean the Premises, Owner may use from the accrued unpaid interest such amounts as are necessary for those purposes. Accrued unpaid interest or balance thereof, if any, shall be mailed to Tenant at Tenant's last known address in the same manner as any refund of the Security Deposit. Failure by Owner to pay interest, if required by law, shall not constitute a defense in any unlawful detainer action. . Owner may increase the Security Deposit up to the maximum allowed by law at any time with lawful notice. The parties agree that the Security Deposit is not rent and therefore not subject to any local rent control law. Ifthe amount of the security deposit being held by Owner is less than the maximum amount permitted by law at any point during the tenancy, then Owner may, at any time upon thirty (30) calendar days notice, require Tenant to increase the amount of the security deposit being held by Owner to any amount up to the maximum that is legally allowable at the time such notice is issued. (The calculation of such increased amount shall be based upon the amount of the monthly rent for the Premises that is payable at the time the notice is issued). If Tenant fails to pay Owner any such increase after the expiration of the thirty (30) day notice period, then Tenant will be in material breach of this Agreement. The parties agree that the Security Deposit is not rent and therefore not subject to the Rent Ordinance. 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 epply 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. If Tenant's apartment contains carpet, tenant agrees to steam clean carpet by a owner-approved vendor at Move-Out of Property. 6 FAILURE TO PAY: Pursuant to Civil Code Section 1785.26, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations, such as your financial 2 2018 'DocuSign Envelope ID: O2ABF28A-1BBD-4E1! /2FD78) NANCY “ obligations under the terms of this Agreement. 7. 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 & 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 $75,00 for any payment of rent not received by Owner on or prior to the Due Date. The parties agree that this late charge represents a fair and reasonable estimate of the costs and damages that Owner will incur by reason of late payment by Tenant, ‘Tenant shall pay to Owner said charges within ten (10) days of the date of Owner's invoice. The provision for 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 three (3) separate occasions within any twelve (12) month period shail constitute habitual late payment of rent and may be considered a just cause for eviction, Payment of the late charge does not cure the late payment for purposes of establishing 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, storage or any other service of tenancy including, but not limited to, utility and late charges. 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. Payment or collection of a late fee, even if coupled with a rent remittance, shall not constitute a defense in an unlawful detainer action. 8 RETURNED CHECKS: Tenant and Owner agree that Owner will sustain costs and damage as a result of a check that is not honored by the bank on which it is drawn, for any reason, 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 to Owner the additional sum of $35.00 as a reimbursement of the expenses incurred by Owner. A dishonored check shall constitute late payment of rent and shall be sybject to the provisions of Section 7 above regarding late payment, including but not timited to habitual 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. Payment or collection of a charge for a dishonored check, even if coupled with a rent remittance, shall not constitute a defense in an unlawful detainer action. Owner reserves the right, as allowed by law, to demand payment of rent by certified funds, cashier’s check or money order for future payments in the event of any such returned check or any other monetary default by Tenant and rent tendered in any other form may be refused by Owner. Nothing in this Paragraph shall limit other remedies available to Owner 88 a payee of a dishonored check. Owner and Tenant agree that three (3) returned 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 and liable 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 is relinquished to Owner, regardless of whether any named Tenant occupies the Premises. 10. INDIVIDUAL LIABILITY: Each person who signs this agreement, whether or not sald 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 costs to remedy damages to the Premises regardless of whether such damages were caused by Tenant, Tenant's guests or invitees. This joint and several fiability provision applies for as long as any one of the Tenants remains in possession or for as long as any of their subtenants remain in possession. ) 41, OCCUPANCY: Tenant(s) named in Paragraph 1 of this Agreement and no others is (are) 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 not have overnight guests on the Premises for 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 overnight more than fifteen (15) consecutive days or more than thirty (30) days in any calendar year shall not be considered original occupants of the Premises. ‘Tenant 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 Paragraph shall be deemed a substantial and material breach of this Agreement and is agreed to be a just cause for eviction. A person is not a guest when he or she provides any consideration to Tenant for the privilege of occupying the Premises or any portion thereof. 3 2018 'DocuSign Envelope ID: osaBr20n-198D4E18AAsl 85 NANCY AGREEMENT a 12. INSPECTION OF PREMISES: Tenant agrees that furnishes, equipment, plumbing, heating, and electrical systems including smoke and carbon monoxide detectors, where applicable, are operative and are deemed satisfactory unless Owner is notified in writing by Tenant to the contrary within 48 hours after Tenant occupies the Premises. The failure by Tenant to provide such notification to Owner within 48 hours of occupancy shall be an acknowledgement by Tenant that the Premises is 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 to applicable zoning laws and the prior written consent of Owner is obtained in advance of such proposed use, As a condition for granting such permission, Owner may require that Tenant obtain liability insurance for the benefit of Owner. Tenant and Tenant’s guests shall not use the Premises, nor the Building or the property where the Premises is located, in violation of any law, statute, or ordinance. Use of the Premises for an illegal purpose shall constitute a substantial and material breach of this Agreement and shall be a just cause for eviction. Tenant may not store or place any personal property outside of the Premises unless otherwise allowed by the terms herein, and Owner has the right to remove or dispose of any such improperly placed items without notice. Tenant shall refrain from storing gasoline, cleaning solvents, or any other flammable liquids or gases inside the Premises. Tenant may not install, place, or affix audio or video equipment or cameras outside of the Premises except as provided by law. Garage sales and auctions are prohibited. Tenant may not place any items of any kind at any time in the common areas of the building, ‘Tenant will not commit, cause, or permit any waste in, upon, or about the Premises and building. Tenant shall not use barbecues, grills, or any other open-flame cooking equipment in or about the Premises with the exception of the appliances provided by Owner in Section | of this Lease. 14, NUISANCE: Tenant and Tenant's guests shall not disturb, annoy, harass, or endanger any other occupants of the Building or the Building’s neighbors. Tenant and Tenant’s guests shall not commit waste or nuisance upon the Premises, in the Building, or on the property in which the Premises is located, A violation of this shall constitute a substantial and material breach of this Agreement and shall be a just cause for eviction. 18. SHORT-TERM RENTAL: Tenant is prohibited from offering all or part of the Premises for short-term rental, such as through AirBNB, VRBO, or other such sites or programs, regardless of any local laws that may be or have been enacted. Any advertising or online postings as well as actual rentals of the Premises to vacation or short-term guests shall constitute a material breach of this Agreement and shall be a just cause for eviction. Any person who is not a Tenant, as defined herein, who occupies any portion of the Premises, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is NOT a guest, and such occupancy constitutes unauthorized subletting or assignment, which is an illegal use as well as a substantial and material breach of this Agreement and shall be a just cause for eviction. 46. ASSIGNMENT AND 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. Should the Premises ever be sublet or assigned for any reason, Owner reserves all rights under the Costa-Hawkins Rental Housing Act, successor statue, or local regulation to adjust rent. Moreover, Owner shall not acknowledge, screen, approve, or otherwise communicate with any subtenant or assignee, and rent shall only be accepted from Tenant. Any subtenants/assignees, while not a co-tenant, must nevertheless honor and abide by every term of this Agreement. Should all original occupants who took possession of the Premises pursuant to this Agreement no longer permanently reside at the Premises, any subtenants or assignees remaining in possession will be bound by all terms of this Agreement and shall be responsible to pay the adjusted monthly rent. Tenant will notify Owner in writing if and when the Premises is no longer the permanent place of residency or the principal place of residency of Tenant. Owner and Tenant hereby agree that should Tenant fail to so notify Owner, Owner shall be damaged monetarily as follows: The monthly rent differential between what Tenant was paying when Tenant first began to no longer permanently reside at the Premises or use the Premises as a principal place of residence and the fair market monthly rent for the Premises during the same period. Therefore, in such instances where Tenant withholds this information from Owner, Tenant shall be liable to Owner for this difference in rental value for each month from the time Tenant ceases using the Premises as a permanent or principal place of residence through the time that Owner adjusts the monthly rent to fair market value. If the foregoing absolute prohibition is at any time invalidated, the provisions of subparagraph 15A above shall govern any assignment and subletting, there must be an "original" tenant who uses the premises as his/her primary residence, and any additional rights which are to Owner as part of any changes in laws with regard to assignment and subletting shall be incorporated into the Agreement and become binding upon Tenant, If the absolute prohibition is at any time invalidated, then there can be no subletting and/or ' 4 2018on =, DocuSign Envelope ID: OSABF28A-1BB0-4E19-AA8 PFOTSESGBS 1 NANCY AGREEMEN iT assignment without prior written notice to Owner, and the potential sublettee or assignee completing Owner's normal rental application and passing Owner's normal rental screening and v ation process. bs Tenant Initial: Tenant Initial: 47. SMOKING: Smoking of any substance is not permitted in the Premises or in any common area of the Building. Tenant shall inform all guests or invitees of this smoking prohibition. Any breach of this provision by Tenant shall be deemed a material breach of the Agreement and may be just cause for eviction. Tenant shall promptly notify Owner in writing of any incident where smoke is migrating into the Premises or Building common areas [rom sources outside of the Premises. Tenant is hereby informed that there may be rental units in the Building where smoking is permitted. Owner shall not be liable for any damage or injury to Tenant's health or personal property, or any other person's health or personal property, occurring on the Premises or any part thereof, in connection with the use of tobacco or tobacco products by any other resident or occupant in the Building. Tenant acknowledges that other residents in the Building may be permitted (o smoke inside of their units. If Owner has exercised proper diligence in ascertaining and disclosing the location of other units where smoking is, or has been, permitted, this disclosure still may not be accurate either in whole or in part. Owner's designation and disclosure of non-smoking areas does not make Owner the guarantor of Tenant's health, or of the smoke-free condition of the areas in which smoking is prohibited, or that the Building, will be free from secondhand smoke. The tobacco smoke disclosure’s accuracy is dependent in significant part on compliance by all residential tenants and their guests. Thus, while Owner has made every reasonable effort to ascertain and identify units where smoking is, will be, or has been permitted, this disclosure is not guaranteed or warranted to be accurate. As such, Tenant shall hold Owner and Owner's agents harmless for any personal injury or property damage resulting from the disclosure of the use of or exposure to tobacco and tobacco products and shall indemnify Owner and Owner's agents from any claim of personal injury asserted against Owner and Owner's agents by any guest, invitee or subtenant of Tenani. This hold-harmless and indemnity clause shall survive the termination of the tenancy and this Agreement. Local ordinances may restrict the use of e-cigarettes on the Premises. The use of marijuana may only be done in accordance with local, state and federal laws, and ‘Tenant, as well as Tenant’s guests, invitees, and subtenants must use smokeless delivery systems for any marijuana use. 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, or Tenant's guests, invitees or friends. The failure to abide by the covenant shall constitute a material breach of this Agreement and is a just cause for eviction. 48. FINES AND PENAL’ Tenant is responsible for any fines or other costs occasioned by violations of laws, restrictions, and regulations by Tenant or anyone else on the Premises or property while Tenant is in possession. If any such fines or costs are levied against Owner. Tenant agrees to pay such fines or costs attributed to Tenant's tenancy or conduct of Tenant. Tenant's guests, or others at the Premises upon a receipt of an invoice from Owner. The obligation to pay fines and costs assessed against Owner may be in addition to any fines or penalties assessed directly against Tenant. 49. PETS: NO pets are allowed in or about the Premises. or in the Building. or on the property in which the Premises is located, even temporarily or with a visiting guest, except as allowed by law or by the express written consent of Owner. Tenant is hereby informed that there may be rental units in the Building where animals are currently allowed or may be allowed in the future, Owner shall not be liable for any damage or injury to Tenant's health or personal property, or any other person's health or personal property. occurring on the Premises or any part thercof in connection with the presence of animals in or around the Building. Strays shall not be kept or fed in or about the Premisi can be dangerous and Owner must be notified immediately of any strays in or about the Premises. Ifa pet has been ina Tenant's apartment or allowed into the building, even temporarily (with or without Owner's permission) Tenant may be charged for cleaning, de-fleaing, deodorizing or shampooing any portion of the building or Premises at the discretion of Owner. In the event that ‘Tenant requires a service animal in the Premises, in addition to any regulatory requirements related to service animals, Tenant shall execute and be bound by Owner's Animal Agreement (a copy of which is available upon request). 20. LIQUID-FILLED FURNITURE AND AQUARIUMS: Waterbeds, liquid-filled fimmiture, and aquariums are prohibited. ifthe Premises is focated in a structure for which the original Certificate of Occupancy was issued after January 1, 1973 then liquid-filled furniture may be permitted only upon written consent of Owner and acceptance of liability by Tenant. Owner may require a completion ofa Waterbed Agreement in the case ofa waterbed, which shall become part of this Agreement. 21. ROOF/FIRE ESCAPES: Use of the roof and/or the fire escapes by tenants and/or guests is limited to emergency egress ONLY. No other use is permitted, including but not limited to. the placement of personal property. No storage of any kind will be permitied on fire escapes or in other common areas, Owner reserves the right to remove any unauthorized personal property at any time without notice. Tenant acknowledges that the roof of the building in which Tenant is residing is not to be accessed in any way, : 5 wisNAN 1 MENT unless there is an emergency. Tenant acknowledges that the roof has no protective decking or safety railing. Tenant acknowledges that because there is no protective decking on the roof, walking on the roof will cause direct damage to the integrity of the roofing material as well as shorten the life span of the roof. Tenant agrees to have $500.00 deducted from Tenant’s security deposit if said Tenant and/or Tenant's guests access the roof for any situation other than an emergency. 22, BALCONIES/PATIOS: Balconies and patio, if provided, are not to be used for sjorage of any kind, and only minimal outdoor furniture and potted plants with sturdy drip containers may be placed in these areas. Railings may not be used to hang towels, clothes, or other items. Tenant shall be considerate of outward appearances and potential hazards in the use of said facilities. The California Fire Code PROHIBITS the use of charcoal grills, large propane grills, or other open-flame cooking devices in multi- family housing, and such usage is hereby prohibited anywhere in or about the Premises, in the Building, or in any backyard or garden areas of the property. There is an exception for electric grills or small propane grills (one pound or fess of liquid fuel) on open balconies or patios only; however, the use of these devices must be approved by Owner, in writing, before usage is allowed to occur. 23, STORAGE: [X] No additional storage space outside of the Premises is authorized, permitted or provided under this Agreement. {_ ] Storage space described as: None is hereby provided. Tenant releases Owner from any liability for loss or damage to Tenant-s property while stored on the Premises. Any property stored in designated storage areas shall be removed on or before the date of termination of tenancy. In the event such property is not so removed, Owner may dispose of same without any liability to Tenant whatsoever and Tenant hereby specifically waives any rights as defined in Civil Code Section /980 et. seq. Owner reserves the right to Inspect all such storage areas and require necessary removal or clean up as it deems necessary for the health and safety of the Premises, the bullding and/or its occupants. No storage of any kind will be permitted on fire escapes or in other common areas, 24. PARKING SPACE(S): This agreement does not provide for the parking or storage of any motor vehicle or motorcycle, anywhere in or about the Premises, the Building, and/or the driveway(s). Ifa Parking Agreement is ajtached hereto, the terms of that agreement shall ‘supersede this section, PARKING SPACE(S). 28. UTILITIES: Tenant shall pay for all utilities, services, and charges provided to the Premises. For utilities required to be paid directly by Tenant, Tenant must place all utilities in Tenant’s name beginning or on or prior to the first day of the term of this agreement. Tenant agrees to comply with any energy, water conservation, or utility-sharing programs implemented by Owner. Tenant understands that the rent paid by all Tenants is partially determined by the cost of utilities, Nothing contained herein prevents Owner from passing through to Tenant utility costs as provided by law. Tenant shall be provided access to the Building and the Premises for the installation of utility and communication lines and services as required by law and upon prior written consent by Owner. To the extent that any utilities, services, and charges provided to the Premises are not paid by Tenant as set forth above, Tenant agrees to only use such utilities, services, and charges provided to the Premises which are reasonably necessary for the ordinary comfort and safety of Tenant to reside in the Premises. Excessive use of such utilities, services, and provided to the Premises shall constitute a material breach of this Agreement. Tenant may not charge any device, including vehicles, in Building common areas or in designated parking/storage spaces without Owner’s express written consent. Ifa parking area is rented to Tenant for Tenant’s exclusive use, Tenant may not use the electrical outlet to charge Tenant’s vehicle unless Tenant has obtained the express written permission of Owner to do so. Owner’s requirement to provide utility services shall be limited to what is required by law. open an y PG&E for its ga ity rs 0 tt it ve ree: building 6% (1/21), pay to Owner Tenant's proportionate share of said charges within ten (10) days of the date of Owner's invoice. All charges not paid within said ten (10) day period shall be subject to the Late Fee set forth in Section 7 above, Ifany government entity assesses any fines, penalties, or increased water charges for excess water use, Tenant shall be responsible for paying those penalties on a pro rata basis with the other occupants of the building if there is a shared water meter for more than one unit, In that event, Owner shall calculate the proration using Owner's reasonable efforts considering what documentation is available to Owner, which may include water usage occurring prior to Tenant’s occupancy. As an alternative to a proration calculation, Owner may, if Tenant’s water-use in any month (or other period billed by the San Francisco Public Utilities 1 6 2018. \ a4 ‘DocuSgn Envelope ID: OOABF28A-18BD4E10-AA' borOTEES 5. NANCY AGRE Commission) is greater than one and one-half times the average use of other units in the Premises, require Tenant to pay all costs greater than this one and one-half times average. Owner's determination of the amount Tenant owes shail be final and binding, ‘on Tenant. If the Premises has a separate water meter, Tenant shall be solely responsible for any fines, penalties, or increased water charges assessed by any government entity. Tenant shall comply with San Francisco's Mandatory Recycling and Compost Ordinance. If the garbage company or any government entity imposes any additional charge for excessive garbage, improper recycling, or for any other reason related to Tenant’s garbage, then Tenant is solely responsible for such charges. If the Premises has a security and/or fire alarm system, then any fees or penalties by the alarm company for false alarms caused by Tenant or Tenant's invitees, and any fees, fines, or charges for such false alarms assessed by any government entity, shall be Tenant's sole responsibility for paying. In accordance with local regulations Owner shall provide ons working telephone line and one working telephone jack into the Premises. Unlike the local gas and electric company, the telephone company charges for time required to repair telephone lines, wall jacks, etc. Therefore, Tare Sad cbf ee ep in force an nse Weng Repair Pani evel, wit he elo company tat ik Gee Gone of ay necessary repairs. ‘Tenant shall be provided access to the building and the Premises for the installation of utility and communication lines and services ONLY as required by law and ONLY upon prior written consent by Owner, 26, INTERRUPTION OF SERVICES: Owner shall not be liable to Tenant or to any other person for damage, nor shall Owner be in defautt under this Agreement, for any interruption of reduction of utilities or services caused by someone other than Owner, or by Owner due to circumstances beyond Owner's reasonable control. 27. LOCKS: Tenant shall NOT change any lock or alarm, or place additional locking devices or alarms upon any door or window of the Premises without the prior written consent of Owner. In the event of such installation, Tenant shall provide Owner with keys to such locking device or alarm combination upon Owner's request. Any expense incurred by Owner as a result of Tenant’s action, such as changing of locks, or consignment of keys, shall be reimbursed by Tenant upon demand. Once installed, an approved Jock may not be removed even when the unit is vacated. Keys to the Premises are the exclusive property of Owner. Tenant shall not consign keys to the Premises to any other person without the prior written consent of Owner. All keys must be retumed to Owner when Tenant vacates. Tenant shall be charged for the cost of new locks and keys if all keys are not returned. In the event that any keys to the Premises are lost, Tenant shall be liable for the entire cost of all key and lock replacement, at the discretion of Owner, as required for the security of the Premises or the Building. This may include the costs of re-keying the entire Building if Owner, in Owner's sole discretion, deems such action is necessary. ‘Should Owner receive a request for access from a subtenant or guest of Tenant, Owner may, at Owner's discretion, grant access to the subtenant or guest if Tenant instructs Owner to do so. However, Owner’s decision to accommodate this request shall not be deemed as an acknowledgement or approval of a sub-tenancy or subsequent occupancy of anyone. For purposes of this requirement, “lost” includes keys, etc. that have been stolen. Tenant shall take care not to lock himselffherself/themselves out of the Premises and/or building. If Owner is required to assist Tenant in gaining access to the Premises and/or building on more than one occasion, Owner may charge Tenant $100.00 for each successive lockout, or may require Tenant to contract with a professional locksmith. If Tenant requests additional keys/key-sets, then Owner will, within fourteen (14) calendar days after receiving Tenant’s written request either deny such request in writing by specifying why the request is unreasonable or provide the requested keys/key-sets upon Tenant's payment of documented replication costs. 28, ALTERATIONS: Tenant shall NOT remodel, renovate, paint, refinish floors, or otherwise alter the Premises, common areas, or any other parts of the building, Tenant shall not apply adhesive paper to any cabinets, walls, or doors; nor shall Tenant hang any plants, planters or lighting fixtures from ceilings or walls; nor shall Tenant tack, nail or glue any coverings to floors or walls without prior written consent of Owner. Tenant shall not install or operate any washing machines, clothes dryers, portable dishwashers, deep-freeze units, or other such appliances, pianos, organs, or outside antennae on the Premises without prior written consent of Owner, No plants, planters, or plant boxes may be placed directly on floors, carpets, window ledges, or on fire escapes. Upon termination of tenancy, Owner shall have the option, at Owner’s sole discretion, to require Tenant to restore the Premises to ' 7 2018cman onepenaratnoefg( EE NANCY AGREEMENT“ the original condition as received excepting normal wear and tear. All alterations, additions, or improvements that Owner has not required Tenant to remove shall become Owner's property and shall be surrendered to Owner upon the expiration or earlier termination of the Agreement. : All alterations made by Tenant to the Premises (which are only to be made with Owner’s written approval) shall, at Owner's option become Owner’s property when this Agreement terminates. Alternatively, Owner may require Tenant, at Tenant’s sole cost, to remove any such alterations to restore the Premises to their condition at the inception of Tenant’s tenancy. 29. MAINTENANCE AND REPAIRS: Tenant shall, at Tenant's expense, at all times maintain the Premises, furnishings and appliances, if any, in a clean, good, and sanitary condition, and shall surrender the same upon termination of tenancy in the same condition as received (excepting normal wear and tear). Tenant understands that Tenant is Responsible for the cost of repair of all damage in or about the Premises whether caused by Tenant, or anyone else using or occupying the Premises during the tenancy. ‘Tenant must keep doors and windows, and access to them, unobstructed and not block them with personal items or otherwise, and must maintain clear pathways into and through each room of the Premises. Tenant may not maintain the Premises in a manner that prevents necessary access through each room and to all doors and windows, inhibits necessary airflow, acts as a potential haven for pest and mold growth, creates a fire hazard, or prevents the Premises’ rooms from being used for their intended purposes. ‘Tenant may not make any alterations or 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 telephone number of any new telecommunications provider. Tenant shall hold Owner harmless and indemnify Owner as to any mechanic’s lien recordation or proceeding caused by Tenant. Tenant agrees to pay all costs resulting from the alteration and agrees to pay Owner any costs incurred as a result of restoring the inside wiring to the condition at the time of move-in, except for reasonable wear and tear. Tenant is advised that any cable or intemet provider seeking to install hardware within the Building and/or the Premises must first seek approval from owner. Any and all cleaning to the interior of the Premises, including carpets and drapes, shall be at the sole expense of Tenant, Tenant agrees to own and regularly use a vacuum cleaner with hose and dust brush attachment; keep bathroom floors dry. No plants, planters or plant boxes may be placed directly on floors or on carpets, on window ledges or on fire escapes. Except in an emergency, maintenance and repair requests must be made in writing and delivered to Owner or Owner’s agent. Such notice shall also be deemed permission to enter the Premises to perform such maintenance or repairs in accordance with Civil Code Section 1954 and paragraph 23 herein unless otherwise specifically requested, in writing, by Tenant. Tenant, however, may not place any unreasonable restrictions upon such access or entry. The Premises shall be rebuttably presumed to be in a safe and habitable condition unless ‘and until written notice to the contrary is received by Owner. In the event that Premises is provided with hardwood floors or other non-carpeted floor surfaces, Tenant hereby agrees to keep at least 80% of such areas covered with floor rugs or carpet. It is also hereby understood that Tenant shall not change or replace any window coverings visible ftom outside the Premises or building without the prior written consent of Owner. ‘The cost of repairs or clearance of stoppages in waste pipes, drains, water pipes, or plumbing fixtures caused by Tenant’s negligence or improper use are the responsibility of the Tenant. Tenant shall reimburse Owner for the plumbing repair costs upon demand, ‘Tenant acknowledges that the Premises and the building from time to time may require renovations or repairs to keep them in good condition and repair and that such work may result in temporary loss of use of portions of the building or Premises and may inconvenience Tenant. ‘Tenant agrees that any such work is part of the condition of the rental of the Premises and is contemplated in the amount of rent paid. Therefore, Tenant agrees that any such loss shall not constitute a reduction in housing services or otherwise warrant a reduction in rent. If, during the course of renovations, repairs, and/or capital improvements, Owner requests Tenant to temporarily, but completely, vacate the Premises, and Tenant fails to do so by the date requested or required by Owner, then Tenant understands and agrees that Tenant's failure to vacate will be a material, substantial, and incurable breach of this Agreement, and will constitute grounds, in and of itself, for the termination of Tenant’s tenancy. If Tenant is required to vacate the Premises for Owner to make renovations, repairs, and/or capital improvements that are necessitated by Tenant or Tenant’s invitees’ willful or negligent acts or misuse, then Tenant understands that any relocation expenses payable under any applicable Rent Ordinence will be offset by the costs of repairs that Tenant is responsible to pay due to such intentional or negligent conduct. In the event that the Premises contains landscaping under the exclusive control of Tenant, Tenant shall be required to properly 1 8 2018A , -~ DocuSign Envelope 10: O2ABF26A-1BBD-4E18-AAL FOTBE iT maintain the landscaping at all times during the tenancy. The failure to maintain landscaping shall constitute a breach ofa material lease covenant. Tenant shall promptly advise Owner of any problems with the landscaping, including, but not limited to, dead grass, plants or tree limbs, insect infestations, discolored or yellowing foliage, and insufficient irrigation or leaks. Tenant may NOT delegate the responsibilities of this Paragraph to any person, including a contractor or other landscaping professional, without the prior written consent of Owner. Tenant shall comply with all water/dronght restrictions. Tenant acknowledges that the Premises and the Building from time to time may require, or in Owner's discretion needs renovations (including seismic retrofitting and the construction of additional dwelling units) or repairs to keep them in good condition and repair and that such work may result in temporary loss of use of portions of the Building or the Premises and may inconvenience Tenant. Tenant agrees that any such loss shall not constitute a reduction in housing services, severance of housing services, or otherwise warrant a reduction in rent. Tenant must communicate repair requests directly to Owner. Non-emergency repair requests from guests or subtenants shall not be processed; however, should Owner elect to process such repair or maintenance requests from persons other than Tenant, that election shall not create a direct relationship between Owner and the third party. Tenant acknowledges that all sink and tub drains are in perfect working order and are not clogged prior to tenant taking possession of unit. Tenant will be held financially responsible for repairing and/or unclogging the plumbing of any clogged drains in the future that are a direct result of tenant negligence. Only owner-approved plumbers to unclog the drain(s). Owner does not furnish or replace light bulbs of any kind within the unit. If Tenant’s apartment contains stainless steel appliances, Tenant acknowledges that improper cleaning of the stainless-steel surfaces will irreparably damage the stainless-steel finish and necessitate the replacement of the damaged appliance. Therefore Tenant agrees that (s) he shall only use cleaners specifically formulated for stainless Steel appliances such as “Zep Stainless Steel Cleaner” and that Tenant shall first test the cleaner on an inconspicuous part of the appliance to ensure that it does not damage the stainless Steel finish. Should the stainless-steel finish be damaged (excluding normal wear and tear), Tenant shall be responsible for the pro-rated replacement cost of the appliance. Normal wear and team does not include surface scratches from magnets affixed to appliances. Tenant agrees to use water efficient shower head (1.5 Gallons per Minute) already installed in bathroom of unit or to be installed by owner in the future. Owner requires that all rooms with hardwood or hard-surface flooring be 80% covered by carpeting. Carpet covering may be necessary to abate and contro! noise. Failure of Tenant to comply with any request to cover 80% of all rooms with hardwood or hard-surface flooring, including all hallways and other areas normally subject to foot traffic, shall constitute a just cause for , eviction, 90. SATELLITE DISHES: Tenant may, ONLY upon prior written consent of Owner, install satellite dishes within the Premises. However, such installation shall be subject to all of the following rules and conditipns: a) Dish must be installed WITH-IN the exterior boundaries of the