Preview
Eric L. Toscano, Esq. (SBN 268235)
eric@tenantlawgroupsf.com
Palomar Sanchez, Esq. (SBN 277060)
palomar@tenantlawgroupsf.com
TENANT LAW GROUP, PC
649 Mission Street, 5th Floor
San Francisco, CA 94105-4128
Tel: (888) 510-7511
Fax: (888) 376-1662
Attorneys for Plaintiffs THOMAS BRIAN
SPRINGER and TRISHA SPRINGER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
UNLIMITED JURISDICTION
THOMAS SPRINGER, an Individual; Case No. 18CV332233
TRISHA SPRINGER, an Individual; and
JORDAN SPRINGER, a Minor, by and SECOND AMENDED COMPLAINT
through her Guardian ad Litem THOMAS FOR DAMAGES
SPRINGER;
[Unlimited Civil Case - Amount
Plaintiffs, Demanded Exceeds $25,000]
JURY TRIAL DEMANDED
PROMETHEUS REAL ESTATE GROUP,
INC., a California Corporation;
TIMBERLEAF APARTMENTS, LP, a
California Limited Partnership; and DOES 1
through 25, inclusive;
Defendants.
Plaintiffs Thomas Brian Springer, Trisha Springer, and Jordan Springer (“PLAINTIFFS”)
for causes of action against Defendant Prometheus Real Estate Group, Inc.; Timberleaf
Apartments, LP; and Does 1 through 25, inclusive, (collectively, “DEFENDANTS”), hereby
allege as follows:
GENERAL ALLEGATIONS
Plaintiffs Thomas Brian Springer (“MR. SPRINGER”) is an individual over the age
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SECOND AMENDED COMPLAINT FOR DAMAGES
1 of eighteen who resides in the City of San Jose, County of Santa Clara, California. MR.
2 SPRINGER resided at the residential rental property located at 2147 Newhall Street, Apartment
3 215, Santa Clara, CA 95050-5891 (“the PROPERTY”) from on or about September 22, 2015 to on
4 or about August 11, 2016.
5 2. Plaintiff Trisha Springer (“MRS. SPRINGER”) is an individual over the age of
6 eighteen who resides in the City of San Jose, County of Santa Clara, California. MS. SPRINGER
7 resided at the PROPERTY from September 22, 2015 to on or about August 11, 2016.
8 3. Plaintiff Jordan Springer (“JORDAN SPRINGER”), the daughter of MR.
9 SPRINGER and MRS. SPRINGER, is a minor who resides in the City of San Jose, County of
10 Santa Clara, California. JORDAN SPRINGER resided at the PROPERTY from September 22,
11 2015 to on or about August 11, 2016.
12 4. PLAINTIFFS are informed and believe and thereon allege that Defendant
13 Prometheus Real Estate Group, Inc. (“PROMETHEUS”) is, and at all times mentioned in the
14 Second Amended Complaint was, a business incorporated under the laws of the State of California
15 with its principal place of business in San Mateo, California. PLAINTIFFS are further informed
16 and believe and thereon allege that at all times relevant to this Second Amended Complaint,
17 PROMETHEUS owned and/or managed the PROPERTY.
18 5. PLAINTIFFS are informed and believe and thereon allege that Defendant
19 Timberleaf Apartments, LP (“TIMBERLEAF”) is, and at all times mentioned in the Second
20 Amended Complaint was, a business incorporated under the laws of the State of California with its
21 principal place of business in San Mateo, California. PLAINTIFFS are further informed and
22 believe and thereon allege that at all times relevant to this Second Amended Complaint,
23 TIMBERLEAF owned and/or managed the PROPERTY.
24 6. PLAINTIFFS are ignorant of the true names and capacities of the defendants sued
25 herein as DOES 1 through 25, inclusive, and therefore sue these defendants by this fictitious
26 name. PLAINTIFFS will amend this Second Amended Complaint to allege the true name and
27 capacity of these defendants when ascertained. PLAINTIFFS are informed and believe and
28 thereon allege that the fictitiously named defendants are responsible in some manner for the
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SECOND AMENDED COMPLAINT FOR DAMAGES
1 occurrences alleged in this Second Amended Complaint, and that PLAINTIFFS’ damages alleged
2 in this Second Amended Complaint were proximately caused by these defendants.
3 8. The acts and/or failures to act alleged in this Second Amended Complaint occurred
4 in the City of Santa Clara, County of Santa Clara, California. The PROPERTY is in the City of
5 Santa Clara, County of Santa Clara, California.
6 9. This Court is the proper court because the making of the contract, which is the
7 subject of this Action, occurred within its jurisdictional area and the property that is the subject of
8 this Action is located within its jurisdictional area. PLAINTIFFS are informed and believe and
9 thereon allege that DEFENDANTS reside in its jurisdictional area.
10 10. PLAINTIFFS are informed and believe and thereon allege that, at all relevant
11 times, each of the DEFENDANTS was PLAINTIFFS’ landlord and/or the agent of PLAINTIFFS’
12 landlord, and PLAINTIFFS were DEFENDANTS’ tenants, as the terms “landlord” (including
13 “owner” and/or “owner of record”) and “tenant” are defined under California common law;
14 California Code of Civil Procedure section 1161, et. seq.; California Civil Code section 1980, et.
15 seq.; and other California statutory law.
16 11. On or about September 22, 2015, MR. SPRINGER and MS. SPRINGER moved
17 into the PROPERTY pursuant to a written lease (“the LEASE”) with DEFENDANTS. The
18 LEASE established a tenancy from September 22, 2015 to September 16, 2016, and continued
19 month-to-month thereafter. The LEASE required that MR. SPRINGER and MS. SPRINGER pay
20 $2,751.00 rent per month and a security deposit of $1,300.00, which MR. SPRINGER and MS.
21 SPRINGER paid. Attached hereto as Exhibit A is a true and correct copy of the LEASE.
22 12. Throughout PLAINTIFFS’ tenancy, there were numerous and substantial
23 habitability defects and dangerous conditions at the PROPERTY that together and individually
24 constituted violations of the LEASE, as well as violations of applicable housing and residential
25 tenancy laws, including but not limited to numerous provisions of the Uniform Housing Code,
26 California Civil Code, California Health and Safety Code, as well as other code violations. The
27 defective and dangerous conditions at the PROPERTY reflected decay, neglect, negligence, and a
28 lack of adequate maintenance and management of the property for a prolonged period, some of
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SECOND AMENDED COMPLAINT FOR DAMAGES
1 which constitute immediate life-threatening hazards, directly affecting health and safety. The
2 defective and dangerous conditions included but were not limited to ineffective waterproofing and
3 weather protection of roof and exterior walls; plumbing facilities not maintained in good working
4 order; building, grounds, and appurtenances not kept in clean and sanitary condition; severe
5 dampness of habitable rooms; general dilapidation and/or improper maintenance; nuisances
6 (including but not limited to persistent water leaks, toxic microbial growth, and toxic airborne
7 contaminants); deteriorated or ineffective waterproofing of exterior walls, roofs, foundations,
8 and/or floors; and defective or lack of weather protection for exterior wall coverings. Throughout
9 their tenancy at the PROPERTY, PLAINTIFFS repeatedly notified DEFENDANTS and/or their
10 agents of the defective and dangerous conditions set forth herein, and requested that
11 DEFENDANTS have them addressed, repaired, and/or remedied. Despite these requests and
12 DEFENDANTS’ knowledge of the defective and dangerous conditions as described in this Second
13 Amended Complaint, DEFENDANTS failed and refused to repair the conditions, and/or have
14 done so in a negligent, unprofessional, and shoddy fashion.
15 12. Despite PLAINTIFFS’ well-documented complaints about the habitability issues at
16 the PROPERTY, DEFENDANTS refused and failed to correct the defective and dangerous
17 conditions, performed inadequate, shoddy repairs, and deliberately delayed making repairs and
18 remedying the conditions for an unreasonable amount of time. Furthermore, when
19 DEFENDANTS did attempt to remediate the PROPERTY after the discovery of toxic microbial
20 growth, they did not complete the appropriate standard industry post remediation steps to ensure
21 the all toxic microbial growth had been cleared, which included performance of a clearance
22 inspection and report. Additionally, DEFENDANTS refused to provide PLAINTIFFS with air
23 sample reports from the remediation company who performed the remediation work at the
24 PROPERTY. When PLAINTIFFS provided concrete evidence of additional toxic microbial
25 growth to DEFENDANTS after DEFENDANTS’ remediation work was completed,
26 DEFENDANTS refused to complete further inspections or remediation. After PLAINTIFFS
27 vacated the PROPERTY prior to the end of the lease term due to increasingly severe health issues
28 caused by living at the PROPERTY, DEFENDANTS sent PLAINTIFFS a Final Account
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SECOND AMENDED COMPLAINT FOR DAMAGES
1 Statement. This statement included charges for rent until the end of the lease term, for repairs
2 undertaken as part of the toxic microbial growth inspection, and for unnecessary painting and
3 carpet cleaning.
4 13. To date, DEFENDANTS have not returned to PLAINTIFFS’ security deposit.
5 14. DEFENDANTS’ actions and/or omissions alleged herein proximately caused
6 PLAINTIFFS to suffer general and special damages, including but not limited to a decrease in
7 housing services without a corresponding reduction in rent, overpayment and/or excessive
8 payment of rent, loss of use and enjoyment of the property, economic loss, fear of loss of housing,
9 bodily injury, substantial discomfort and annoyance, and mental and emotional injury, the amount
10 of which exceeds the minimum jurisdictional threshold of this court and which will be proven at
11 trial. PLAINTIFFS have also been forced to incur attorney’s fees and costs in prosecuting this
12 Action.
13 FIRST CAUSE OF ACTION
14 BREACH OF IMPLIED WARRANTY OF HABITABILITY
(MR. SPRINGER AND MS. SPRINGER AGAINST ALL DEFENDANTS)
15
16 15. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the
17 preceding paragraphs as though fully set forth herein.
18 16. PLAINTIFFS entered into a written residential lease agreement with
19 DEFENDANTS for the exclusive use and possession of the PROPERTY. The warranty of
20 habitability is implied in all residential rental agreements and imposes upon a landlord the
21 obligation to maintain the leased dwelling in a habitable condition fit for human occupancy
22 throughout the term of the lease.
23 17. PLAINTIFFS performed all of the obligations under the LEASE except those
24 obligations for which they were excused or which they were prevented from performing by
25 DEFENDANTS’ actions and/or omissions.
26 18. DEFENDANTS breached the warranty of habitability implied in the LEASE and
27 implied by PLAINTIFFS’ tenancy at the PROPERTY by undertaking the course of conduct
28 described herein that directly resulted in the existence of the defective and dangerous conditions
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SECOND AMENDED COMPLAINT FOR DAMAGES
1 alleged herein. DEFENDANTS had actual or constructive knowledge of each defective condition
2 and were notified by PLAINTIFFS of those defective conditions, but DEFENDANTS failed and
3 refused to make corrections and repairs and/or failed to make adequate and timely corrections and
4 repairs.
5 19. DEFENDANTS knew or should have known that permitting the defective
6 conditions alleged herein to exist at the PROPERTY could injure PLAINTIFFS’ physical and
7 emotional health and well-being, and that such conduct would constitute a serious threat and
8 danger to PLAINTIFFS’ health and safety.
9 20. As a direct and proximate result of DEFENDANTS’ acts and failures to act as
10 alleged herein, PLAINTIFFS have suffered actual and special damages in an amount to be
11 determined at trial.
12 SECOND CAUSE OF ACTION
13 BREACH OF THE COVENANT OF QUIET ENJOYMENT
(MR. SPRINGER AND MS. SPRINGER AGAINST ALL DEFENDANTS)
14
15 21. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in
16 the preceding paragraphs as though fully set forth herein.
17 22. PLAINTIFFS entered into a written residential lease agreement with
18 DEFENDANTS for the exclusive use and possession of the PROPERTY. Inherent in the LEASE
19 is an implied covenant of quiet use and enjoyment of the leased premises.
20 23. By the actions and/or omissions described herein, DEFENDANTS interfered with,
21 interrupted, and deprived PLAINTIFFS of the full and beneficial use of the PROPERTY and
22 disturbed their peaceful possession of the PROPERTY.
23 24. These acts of interference, interruption, deprivation, and disturbance by
24 DEFENDANTS amounted to breaches of the covenant of quiet enjoyment implied in all rental
25 agreements and codified in California Civil Code section 1927.
26 25. As a direct and proximate result of DEFENDANTS’ violation of PLAINTIFFS’
27 right to the quiet enjoyment of the PROPERTY, PLAINTIFFS have suffered actual and special
28 damages in an amount to be determined at trial.
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SECOND AMENDED COMPLAINT FOR DAMAGES
THIRD CAUSE OF ACTION
1
NUISANCE
2 (ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
3 26. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the
4 preceding paragraphs as though fully set forth herein.
5 27. DEFENDANTS’ acts and/or failures to act created an obstruction to the free use of
6 the property and therefore constitute a nuisance within the meaning of California Civil Code
7 section 3479 and California Code of Civil Procedure section 731 in that they substantially and
8 unreasonably deprived PLAINTIFFS of the safe, healthy, and comfortable use and enjoyment of
9 the PROPERTY.
10 28. As the owners, landlords, and/or managers of the PROPERTY, DEFENDANTS
11 owed a duty to PLAINTIFFS, which DEFENDANTS breached by, among other things,
12 maintaining a nuisance within the meaning of California Civil Code section 3479 and California
13 Code of Civil Procedure section 731.
14 29. As a proximate result of DEFENDANTS’ maintenance of the nuisance,
15 PLAINTIFFS suffered mental and emotional injury in an amount to be determined at trial.
16 30. In maintaining the nuisance, DEFENDANTS acted with full knowledge of the
17 consequences thereof and of the damage being caused to PLAINTIFFS. Despite this knowledge,
18 DEFENDANTS continued to maintain the nuisance and/or failed to fully abate the nuisance by
19 repairing the defective and dangerous conditions of the PROPERTY or causing them to be
20 repaired in a timely and proper manner.
21 FOURTH CAUSE OF ACTION
NEGLIGENCE
22 (ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
23 31. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the
24 preceding paragraphs as though fully set forth herein.
25 32. Because of the landlord-tenant relationship between DEFENDANTS and
26 PLAINTIFFS, DEFENDANTS owed PLAINTIFFS the duty to exercise reasonable care in the
27 management and control of the PROPERTY, owed a duty to provide PLAINTIFFS with a
28
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SECOND AMENDED COMPLAINT FOR DAMAGES
1 residential rental property meeting minimum standards of habitability, and were required to allow
2 PLAINTIFFS the peaceful and quiet enjoyment of the PROPERTY.
3 33. By the conduct alleged herein, DEFENDANTS negligently breached the duties
4 owed to PLAINTIFFS, and violated their statutory duties to PLAINTIFFS by violating certain
5 housing and building codes, local ordinances, and state statutes, including but not limited to
6 California Civil Code section 1941.1, California Civil Code section 1927, and California Health
7 and Safety Code section 17920.3.
8 34. At all times relevant, PLAINTIFFS belonged to a class of persons for which these
9 statutes were designed to protect. The harm PLAINTIFFS have suffered because of
10 DEFENDANTS’ violation of the laws, codes, ordinances, and statutes referenced above is the type
11 of harm these laws, codes, ordinances, and statutes were designed to prevent.
12 35. As a direct and proximate result of the conduct of DEFENDANTS alleged herein,
13 PLAINTIFFS suffered actual and special damages, including mental and/or emotional trauma in
14 an amount to be determined at trial.
15 FIFTH CAUSE OF ACTION
CONSTRUCTIVE EVICTION
16 (ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
17 36. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the
18 preceding paragraphs as though fully set forth herein.
19 37. PLAINTIFFS duly performed all conditions, covenants, and promises required to
20 be performed by PLAINTIFFS under the LEASE in accordance with the terms and conditions,
21 except for those acts that DEFENDANTS prevented, delayed, or excused.
22 38. DEFENDANTS had a duty under California law and the LEASE to properly
23 address nuisances, to maintain the PROPERTY in a legal and habitable condition free from
24 defective and dangerous conditions; to make prompt, reasonable, and necessary repairs; and to
25 keep the PROPERTY in a condition suitable for residential use.
26 39. By the actions and/or omissions as alleged herein, including but not limited to
27 DEFENDANTS’ failure to maintain the PROPERTY in a habitable condition, the PROPERTY
28 was unfit for residential occupancy and substantially deprived PLAINTIFFS of the beneficial use
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SECOND AMENDED COMPLAINT FOR DAMAGES
1 and enjoyment of the PROPERTY for which it was leased. As such, PLAINTIFFS were
2 compelled to vacate the PROPERTY.
3 40. As a direct and proximate result of the DEFENDANTS’ conduct as alleged herein,
4 PLAINTIFFS suffered and continue to suffer actual, special and general damages in an amount to
5 be determined at trial.
6 SIXTH CAUSE OF ACTION
7 VIOLATION OF CALIFORNIA CIVIL CODE SECTION 1940.2
(ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
8
9 41. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the
10 preceding paragraphs as though fully set forth herein.
11 42. California Civil Code section 1940.2 provides that it is unlawful for a landlord to
12 take certain actions for the purpose of influencing a tenant to vacate a dwelling, among them (1) to
13 use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct
14 that interferes with the tenant’s quiet enjoyment of the premises that would create an apprehension
15 of harm in a reasonable person, and (2) to commit a significant and intentional entry into a tenant’s
16 rental unit without proper notice.
17 43. By the actions and/or omissions alleged herein, DEFENDANTS used menacing
18 conduct that interfered with PLAINTIFFS’ quiet enjoyment of the PROPERTY and unlawfully
19 entered the PROPERTY in violation of California Civil Code section 1940.2 to influence
20 PLAINTIFFS to vacate the PROPERTY.
21 44. By violating California Civil Code section 1940.2, DEFENDANTS are liable for
22 actual damages sustained by PLAINTIFFS, and for statutory damages of up to $2,000.00 for each
23 violation of the statute.
24 SEVENTH CAUSE OF ACTION
25 VIOLATION OF CIVIL CODE SECTION 1950.5
(ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
26
27 45. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the
28 preceding paragraphs as though full set forth herein.
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SECOND AMENDED COMPLAINT FOR DAMAGES
1 46. PLAINTIFFS are informed and believe and thereon allege that DEFENDANTS’
2 actions and/or omissions, as set forth herein were done in bad faith. Said actions have included
3 but have not been limited to wrongfully retaining the full balance of PLAINTIFFS’ security
4 deposit in violation of California Civil Code section 1950.5.
5 47. By committing the acts complained of above, DEFENDANTS violated California
6 Civil Code section 1950.5, and are liable for actual damages and for statutory damages of up to
7 twice the amount of PLAINTIFFS’ security deposit.
8
9 EIGHTH CAUSE OF ACTION
10 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(ALL PLAINTIFFS AGAINST ALL DEFENDANTS)
11
12 48. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the
13 preceding paragraphs as though fully set forth herein.
14 49. DEFENDANTS’ actions and/or omissions alleged herein constitute extreme and
15 outrageous conduct beyond the bounds of decency.
16 50. DEFENDANTS’ conduct was knowing, intentional, and willful. DEFENDANTS
17 intended to cause PLAINTIFFS harm and/or acted with reckless disregard of the probability that
18 PLAINTIFFS would suffer emotional distress.
19 51. As a direct and proximate result of DEFENDANTS’ outrageous conduct,
20 PLAINTIFFS suffered, and continue to suffer, severe emotional distress in an amount to be
21 determined at trial.
22
23
24
25
26
27
28
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SECOND AMENDED COMPLAINT FOR DAMAGES
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFFS pray for judgment against DEFENDANTS as follows:
For general and special damages according to proof, for each cause of action;
For prejudgment interest on the amount of any damages awarded;
For damages for injury, including mental and emotional injury, under applicable
causes of action;
For contractual damages under applicable causes of action;
For attorney’s fees and costs under applicable causes of action;
For statutory damages, including statutory penalties under applicable causes of
action;
For such other and further relief as the court may deem just and proper and
according to equity.
DATED: April 23, 2019
TENANT LAW GROUP, PC
By________________________________________
Palomar Sanchez, Esq.
Attorney for Plaintiffs THOMAS BRIAN
SPRINGER and TRISHA SPRINGER
SECOND AMENDED COMPLAINT FOR DAMAGES
DEMAND FOR JURY TRIAL
PLAINTIFFS hereby demand a jury trial.
TENANT LAW GROUP, PC
By________________________________________
Palomar Sanchez, Esq.
Attorney for Plaintiffs THOMAS BRIAN
SPRINGER and TRISHA SPRINGER
SECOND AMENDED COMPLAINT FOR DAMAGES
Exhibit A
CALIFORNIA RENTAL AGREEMENT
This Residential Lease Agreement (“Agreement” or “Lease”), entered into between Timberleaf Apartments, (hereinafter referred to
as "Management") and the following individuals, jointly and severally Thomas Springer, Trisha Springer (hereinafter collectively
referred to as “Resident(s)”). Both parties agree to enter into this lease transaction by electronic means, although traditional hard
copies with wet signatures may also be used. Resident(s) agrees and acknowledges that entering into this lease transaction with
Management by electronic means is not conditioned on Resident(s)'s agreement to conduct the leasing transaction electronically.
TERM, RENT, FEES, DEPOSITS AND CONDITION OF PREMISES
1. Leased Premises: Management rents to Resident(s), Apartment Number #215, located at 2147 Newhall St Apt 215 Santa Clara
CA 95050-5891, California (hereinafter “Premises”) in the apartment community commonly referred to as Timberleaf
Apartments, (hereinafter referred to as “the Apartment Community” or the “Complex”), pursuant to the terms and conditions
set forth herein and in all addenda hereto.
2. Original Term: It is agreed that this Lease shall commence on 09/22/2015 (“Commencement Date”) and will expire on
09/16/2016, unless sooner terminated as provided in this Agreement or as allowed by applicable law.
Thereafter, it is mutually agreed that tenancy shall be on a month-to-month basis, and the rent per month will be the same as
the last month of the term of the Rental Agreement, unless Management has given a 30-day written notice of change in terms
of this agreement, or other notice allowed by law.
3. Delay of Possession: Resident(s) understands that, for reasons beyond the control of Management, possession of the Premises
may not be able to be delivered by Management on the Commencement Date (for example, if a former resident of the Premises
who has given notice to leave cancels the notice or fails to leave by the scheduled date). If, for any reason, Management is
unable to deliver the Premises by the commencement date, Resident(s)’s remedy shall be limited to either the (a) termination of
this Agreement and Resident(s) shall be entitled to a prompt refund of any monies paid or (b) an equitable abatement of rental
for the days which Resident(s) was delayed in gaining possession of the Premises. Management shall have no other liability to
Resident(s) in the event of a delay of possession.
4. Rent: Resident(s) agrees to pay each month to Management the sum of $ 2751.00 as rent for the Premises. Rent must be paid
by check or money order, (but not in cash), in advance, on or before the first day of each month. Management at its option may
elect in the future to accept credit card or other forms of electronic payments, but is not required to accept such forms of
payment. There is no grace period. Rent is due for days of move-in and move-out. It is Resident(s)’s responsibility to ensure the
timely payment of rent. Use of Management’s rental payment drop box is for Resident(s)’s convenience; the risk of receipt of
funds by Management when such drop box is used is Resident’s, not Management’s. Resident(s) further agrees that they are
jointly and severally liable for all rent incurred during the term of this Agreement whether or not in actual possession of the
Premises. The name telephone number and address of the entity to whom rent payments shall be made are:
Timberleaf Apartments
2147 Newhall St
Santa Clara CA 95050-5886
(408) 248-2808
The usual days and hours when rent payments may be made personally are Monday - Saturday 9:00a.m. - 6:00p.m..
5. Rent Adjustments: Resident(s) understands that adjustments in rental rates are inevitable. Management reserves the right to
increase or adjust rental rates based on market conditions, operating expenses, financial costs, or any other factor at the sole
discretion of Management upon expiration of the term of the Original Term set forth in this Agreement by giving Resident(s) 30
days’ written notice, unless a longer notice period is required by applicable law.
6. Utilities and Other Charges: Resident(s) agrees to pay for all utilities, services and charges (including without limitation any
utility or service deposits) for the Premises as set forth in the Utilities Addendum to this Agreement.
7. Late Charge and NSF Charges: RESIDENT(S) AGREES THAT THE ACTUAL COST TO MANAGEMENT WHEN RESIDENT(S) FAIL TO
SUBMIT RENT PAYMENTS TIMELY, OR WHEN THE BANK DISHONORS A RENT CHECK, IS DIFFICULT OR IMPOSSIBLE TO ASCERTAIN,
BUT THE PARTIES AGREE THAT MANAGEMENT WILL INCUR ADDITIONAL COSTS AS A RESULT OF SUCH OCCURANCES SUCH AS
ADDITIONAL BOOKKEEPING AND ADMINISTRATIVE CHARGES, BANK CHARGES, LOST OPPORTUNITY COSTS OF THE LATE
PAYMENT, ETC. THEREFORE, AFTER MAKING A REASONABLE ENDEAVOR TO ESTIMATE ACCURATELY THE APPROXIMATE COSTS
ASSOCIATED WITH SUCH BREACHES OF THIS AGREEMENT, WHICH BOTH PARTIES AGREE IS DIFFICULT OR IMPOSSIBLE TO
ASCERTAIN, THE PARTIES AGREE RESIDENT(S) WILL PAY LATE CHARGES ON ALL RENT NOT PAID BY THE FOURTH (4th) DAY OF THE
MONTH. LATE CHARGES WILL BE $50.00. IN ADDITION, IF ANY CHECKS PROVIDED BY RESIDENT(S) ARE RETURNED UNPAID BY
THE BANK FOR ANY REASON, THE PAYMENT NECESSARY TO REPLACE THE DISHONORED CHECK MUST BE IN THE FORM OF
CASHIERS’ CHECK OR MONEY ORDER UNLESS MANAGEMENT AGREES, IN WRITING, TO WAIVE THIS REQUIREMENT. THERE
WILL BE A FURTHER CHARGE OF $30.00 FOR EACH CHECK. MANAGEMENT’S ACCEPTANCE OF ONE LATE PAYMENT DOES NOT
Page 1 of 10 Updated 7/27/2012
CALIFORNIA RENTAL AGREEMENT
WAIVE MANAGEMENT’S RIGHT TO REFUSE SUBSEQUENT LATE PAYMENTS. AFTER TWO DISHONORED CHECKS, ALL SUBSEQUENT
AMOUNTS DUE MUST BE PAID BY CASHIER’S CHECK OR MONEY ORDER. THE PARTIES AGREE THAT PAYMENT OF THESE SUMS
DOES NOT CONSTITUTE A LICENSE TO PAY RENT LATE OR TO PAY BY DISHONORED CHECK.
8. Security Deposit: Resident(s) agrees to pay a $ 1300.00 security deposit to secure faithful performance of this Agreement, which
sum shall not exceed the maximum permitted by law. This amount shall be applied and accounted for in accordance with
California Civil Code Section 1950.5. The deposit may be used to (a) compensate Management for Resident(s)’s default in the
payment of rent, which includes any charges under the Lease that are considered part of rent, including, but not limited to
charges for utilities, per the utility lease addendum includes utility charges, (b) to repair damages to the premises, exclusive of
ordinary wear and tear, caused by Resident(s) or his/her guest, licensees, visitors or pets, including but not limited to stains in
carpet, counter damage, drywall repair, painting, drapes and plumbing system, (c), clean the premises upon termination of the
tenancy up to the level of cleanliness it was in at the inception of the tenancy, reasonable wear and tear excepted, (d) and to
remedy future defaults by Resident in any obligation under this Agreement including the obligation to cover the cost to restore,
replace or return personal property or appurtenances, exclusive of ordinary wear and tear. The security deposit is not intended,
nor shall it be construed, to be applied as rent by Resident(s), and the full monthly rent shall be paid on or before the first day of
the month, including the last month of possession or of the lease term. Unless required by applicable law, Resident(s) shall not
be entitled to interest on such amounts deposited with Management. In the event that, at the termination of the tenancy, the
amount of the Security Deposit is insufficient to cover the cost of repairing damage, cleaning the Premises or any other matter
referenced in the preceding sentence, Resident shall be obligated to reimburse Landlord for the amount of such insufficiency
within three (3) weeks after receipt of notice from Landlord specifying the amount of the insufficiency and the reason for the
charge. (This obligation to reimburse Landlord for the amount of any such insufficiency shall survive termination of the tenancy.)
In the event Landlord uses any part of the Security Deposit during the tenancy, Resident shall restore the Security Deposit to its
full amount within 10 days after Landlord’s written notice to Resident of the deduction and Landlord’s demand that the Security
Deposit be restored in full. It is understood that the security deposit is applicable to all Residents jointly, and Management does
not account for it until the passing of the permissible statutory period after all Residents have vacated the Premises. Any refund
due may be made payable jointly to all Residents It shall be the responsibility of all Residents to work out between themselves
the manner of dividing said security deposit. If Management chooses to make the refund to any Resident(s) individually (which
need not be done until the statutory time has elapsed after all Residents have vacated the Premises), in legal contemplation the
payment shall be deemed to have been made to all Residents and Management shall have no liability to any one or group of
Residents for failure of any Resident(s) equitably to divide such refund. Management shall return any unused portion of the
security deposit within the time frame set by California Civil Code Section 1950.5 no later than 21 calendar days after the tenant
has vacated the Premise, or a successor statute, and in the manner prescribed by this statute. If the security deposit is later
increased by agreement of the parties for any reason (such as the installation of a waterbed or relating to a pet), the additional
security deposit will be disbursed by Management in accordance with this paragraph at the end of the statutory period following
the end of Resident(s)’ tenancy. Removal of the pet or waterbed, or whatever caused the increase in the deposit, will not be
grounds for early disbursement of the security deposit.
9. Apartment Condition Checklist: Resident(s) acknowledges receipt in duplicate of the “Apartment Condition Checklist.”
Resident(s) agrees to return said Apartment Condition Checklist to Management within twenty-four (24) hours of occupancy
noting requests for cleaning, maintenance, and any deficiencies of an existing nature which are not of a “repairable” nature, but
are to be recorded as pre-dating this occupancy. Said Apartment Condition Checklist, when returned to Management, shall be
signed by the Resident(s) and one copy shall be retained by Management. The Resident(s) shall have one copy countersigned by
Management which is to be retained by the Resident(s). If the form is not returned to Management and properly countersigned
within said period, it shall be conclusively presumed that the premises were in good and habitable condition and repair and clean
at the time the Resident(s) occupied the same.
10. Condition of Premises/Alterations: Resident(s) has inspected the Premises and acknowledges that the same is in good and
habitable order and repair at the time Resident(s) is given occupancy except as noted on the Apartment Condition Checklist.
Resident(s) agrees not to make any alteration, improvements, installations, repairs or decorations of any kind whether permitted
by law or otherwise to the Premises without written consent by Management. All additions, fixtures and improvements, once
authorized, shall become Management’s property and remain on the Premises after the termination of this Agreement, unless
Management, as a condition of making such alteration, consents to the removal of such alteration and requires the Premises be
restored to the condition existing prior to such alteration or addition. Any defective condition on the Premises which comes to
the attention of the Resident(s) shall be reported in writing to the Management within 48 hours. When the defective condition
may cause serious damage to person or property, it shall be reported immediately. Resident(s) agrees to leave the premises as
clean and in as good condition and repair when vacating as it was received by Resident(s) at the inception of the tenancy, it being
understood that Resident(s) shall not be responsible for reasonable wear and tear (due solely to the passage of time).
PROVISIONS REGARDING OCCUPANCY
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CALIFORNIA RENTAL AGREEMENT
11. Occupancy: The Premises shall be occupied only by the following persons: Thomas Springer, Trisha Springer, Alexandra
Springer, Jordan Springer
No other persons have permission to occupy the Premises unless such permission is in writing and signed by Management or its
authorized agent. Unless prohibited by applicable law, Resident(s) shall not sublet all or a portion of the Premises or assign this
Agreement without the prior written consent of Management. Permitting any person not named as an occupant in this
Agreement to occupy the Premises shall be deemed an improper subletting of the Premises and shall subject the Resident(s) to
termination of tenancy. Any sublet or assignment will not release Resident(s) from liability. Management’s acceptance of rent
from any individual or entity not identified in this Lease shall be deemed a payment of rent on behalf of Resident(s) and shall not
constitute permission for the person making the payment to occupy the Premises, and at all times, said person shall be deemed
an invitee of the named Resident(s). Generally, the maximum number of occupants in the Premises shall be two persons per
bedroom plus one additional occupant. For example, in a two-bedroom apartment, the maximum number of people allowed
would be five (two people times two bedrooms equals four plus one is five).
12. Residential Use: The Premises is to be occupied solely as housing accommodations by 4 occupant(s) only, and for no other
purpose whatsoever. Resident(s) shall not conduct business activities from the Premises, including using the Premises as a
business address, conducting business activities from the Premises, or otherwise holding the Premises out as a business address.
Nothing set forth in this paragraph shall be deemed as disallowing any use of the Premises that cannot legally be prohibited.
13. Community Rules: Resident(s) acknowledge that Resident(s) has examined, received, and read the Community Rules and the
same are a part of the terms and conditions of this Agreement and Resident(s)’ tenancy. Any of the Community Rules may be
changed on thirty days’ notice and Resident(s) agree to abide by any such modifications.
14. Conduct of Resident(s): Resident(s) shall not disturb, harass, annoy, endanger or interfere with other residents of the building or
neighbors, or to create any nuisance on the grounds where the Premises are located. Resident(s) further agrees not to use the
Premises for any unlawful purposes. Certain acts are considered to be contrary to the safety, well-being, peace and enjoyment of
the other residents of the Property and are, therefore, prohibited. These include, but are not limited to, the use, possession or
sale of illegal drugs and controlled substances in the Premises, and the carrying or exhibiting firearms on the Property (except as
required by law or job necessity). Resident(s) shall not violate any law or ordinance, nor commit waste upon or about the
Premises. Resident(s) also agrees not to harass, verbally abuse, denigrate or otherwise disrespect Management’s employees,
agents and/or contractors. Resident(s) shall keep the Premises in a good state of preservation. Resident(s) agree not to deface
or damage any part of the Premises or the Apartment Community or permit the same to be done or keep in the Premises any
flammable or explosive materials or any substance considered dangerous, hazardous or toxic under any governmental law or
regulation.
15. Smoking: For communities where smoking is permitted, if Resident(s) smokes, or permits smoking in the Premises by invitees or
guests, Resident(s) must ensure the smoke does not disturb the quiet enjoyment of the other residents of the Complex.
Management does not provide or guarantee a smoke-free environment. Resident(s) is required to become aware of and comply
with all laws, ordinances and regulations pertaining to smoking on the Premises. Management reserves the right to change its
policies with respect to smoking in the Premises or anywhere in the Apartment Community on thirty (30) days’ written notice.
16. Proposition 65 Warning: The Premises as well as the common areas in and around the Apartment Community contain at least
one of the following chemical(s) known to the State of California to cause cancer or reproductive toxicity and for which warnings
are now required. These chemicals include, but are not limited to: tobacco, smoke, lead and lead components, asbestos, carbon
monoxide and gasoline components. More information on specified exposures is available at www.prop65apt.org. California
Health & Safety Code Section 25249
17. Pets: Resident(s) agrees not to keep any pet in the premises without written permission of Management, and only after paying
to Management an addition to the security deposit as required and after complying with any pet policies in effect at that time,
which may or may not include pet rent. A separate animal agreement may also be required. Management’s permission may be
revoked at any time, with or without cause, by giving ten (10) days’ written notice. Except to the extent written permission is
given, pets may not be brought upon the Premises, whether such pets belong to Resident(s) or to any other person. The
presence of any pets as to which written permission has not been given and is not currently in force, even if such pets are “just
visiting”, shall be deemed a material and incurable breach of this Lease and shall be cause for the service of a three-day notice
terminating the tenancy. This policy does not apply to accommodation animals. If an animal may be necessary for a disabled
individual to use and enjoy the Premises, please contact Management to begin the request process.
18. Duty to Clean and Ventilate: Resident(s) hereby acknowledge that mold and mildew can grow in the Premises if the Premises
are not properly maintained and ventilated. As such, Resident(s) agree to ensure appropriate air flow is maintained in the
Premises, including the utilization of bathroom fans and opening windows and doors/sliding doors as appropriate. Since it is
common for mold and mildew to grow if even a small amount of moisture builds up, Resident(s) further agree to clean and
maintain in clean condition toilets, sinks, countertops, showers, bathtubs, appliances, tile and linoleum in the Premises, as well as
Page 3 of 10 Updated 7/27/2012
CALIFORNIA RENTAL AGREEMENT
maintain and clean the areas around Resident(s) assigned carport, assigned storage or garage (if applicable). Resident(s) agree to
notify Management as soon as practicable whenever Resident(s) learn of any condition which could lead to a build-up of
moisture in Resident(s)’ apartment, including, but not limited to plumbing leaks, broken window or door seals, accumulation of
rainwater or other moisture around windows or doors, broken water lines or sprinklers, inoperable fans, doors or windows
and/or any failure or malfunction in the heating, ventilation or air-conditioning system in the Premises. If Resident(s) notice
mold or mildew growing in the Premises, Resident(s) agree to notify Management, in writing, immediately. Any failure to comply
with the requirements of this paragraph shall be deemed a material breach of this Lease.
19. Pest Control Service: Resident understands and agrees that Management has contracted with a registered structural pest control
company to provide pest control services to the Premises on a periodic basis. Resident agrees to notify Management immediately
upon the discovery of any insect or other pest infestation on the premises. Resident hereby acknowledges that Resident has been
given written notice regarding the use of said pesticides on the premises as provided for under Section 8538 of the Business and
Professions Code and Section 1940.8 of the California Civil Code.
20. Bedbugs: Bedbugs are wingless parasites which may lie dormant in cracks, crevices and personal belongings until a host is present.
Resident(s) have inspected the Premises prior to leasing and acknowledge there is no visible evidence of the presence or infestation of
insects or vermin including bedbugs in the Premises. Resident(s) agree to maintain the Premises in a manner that prevents the
occurrence of an infestation of insects and vermin including bedbugs. If Resident(s) allow individuals or items carrying bedbugs into
the apartment, or has repeated infestations that cannot be traced to another source, such will be deemed damage to the unit and
Resident(s) will be responsible for the cost of treatment to their apartment, personal belongings and surrounding units as necessary to
eradicate the infestation.
21. Safety Concerns: Resident(s) acknowledges that the Premises as well as the building and the Complex in which the Premises is
located are not “secure.” Management makes no representation or warranties that the building or Complex is secure from theft
or any other criminal activity perpetrated by any Resident(s) or others. The presence of courtesy patrols or security officers,
patrol vehicles, access gates, surveillance cameras and other deterrents, to the extent that they may be in the Complex, do not
guarantee that crime can or will be prevented, and any such measures may be removed at the sole discretion of Management at
any time without notice. All such systems are subject to personnel absenteeism, human error, mechanical malfunctions and
tampering. Resident(s) are responsible for planning and taking action with respect to the safety of Resident(s) and their property
as if such systems and deterrents did not exist.
22. Surveillance Cameras: Management may install surveillance cameras in some of the common areas of the Complex. These
cameras may or may not be monitored and the footage recorded by these cameras may or may not be kept by Management for
any length of time. Management may remove such cameras, or install additional cameras, at any time without notice to
Resident(s)
23. Background Checks: Management has no obligation to obtain criminal background checks on any Resident and bears no
responsibility or liability related to the criminal background or actions (whether past, present or future) of any person, even if
Management has actually run a criminal background check on applicants. Resident shall not rely on the fact that Management
may have run a criminal background check on Resident or any other applicant when deciding whether to enter into this
agreement. Background checks are limited to the information actually reviewed and are not a guarantee that a person with a
criminal background does not reside at the premises. Management has not made and does not make any representations as to
the background of any existing or future resident and Management is under no obligation to run background checks on any
existing resident or future applicant.
24. Reporting Criminal Activity: Resident(s) agree to report immediately all suspected or actual criminal activity to the appropriate
local law enforcement agencies and, after doing so, to Management, and shall provide Management with such law enforcement
agency’s incident report number upon requ
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Eric L. Toscano, Esq. (SBN 268235) eric@tenantlawgroupsf.com Palomar Sanchez, Esq. (SBN 277060) palomar@tenantlawgroupsf.com TENANT LAW GROUP, PC 649 Mission Street, 5th Floor San Francisco, CA 94105-4128 Tel: (888) 510-7511 Fax: (888) 376-1662 Attorneys for Plaintiffs THOMAS BRIAN SPRINGER and TRISHA SPRINGER SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION THOMAS SPRINGER, an Individual; Case No. 18CV332233 TRISHA SPRINGER, an Individual; and JORDAN SPRINGER, a Minor, by and SECOND AMENDED COMPLAINT through her Guardian ad Litem THOMAS FOR DAMAGES SPRINGER; [Unlimited Civil Case - Amount Plaintiffs, Demanded Exceeds $25,000] JURY TRIAL DEMANDED PROMETHEUS REAL ESTATE GROUP, INC., a California Corporation; TIMBERLEAF APARTMENTS, LP, a California Limited Partnership; and DOES 1 through 25, inclusive; Defendants. Plaintiffs Thomas Brian Springer, Trisha Springer, and Jordan Springer (“PLAINTIFFS”) for causes of action against Defendant Prometheus Real Estate Group, Inc.; Timberleaf Apartments, LP; and Does 1 through 25, inclusive, (collectively, “DEFENDANTS”), hereby allege as follows: GENERAL ALLEGATIONS Plaintiffs Thomas Brian Springer (“MR. SPRINGER”) is an individual over the age -1- SECOND AMENDED COMPLAINT FOR DAMAGES 1 of eighteen who resides in the City of San Jose, County of Santa Clara, California. MR. 2 SPRINGER resided at the residential rental property located at 2147 Newhall Street, Apartment 3 215, Santa Clara, CA 95050-5891 (“the PROPERTY”) from on or about September 22, 2015 to on 4 or about August 11, 2016. 5 2. Plaintiff Trisha Springer (“MRS. SPRINGER”) is an individual over the age of 6 eighteen who resides in the City of San Jose, County of Santa Clara, California. MS. SPRINGER 7 resided at the PROPERTY from September 22, 2015 to on or about August 11, 2016. 8 3. Plaintiff Jordan Springer (“JORDAN SPRINGER”), the daughter of MR. 9 SPRINGER and MRS. SPRINGER, is a minor who resides in the City of San Jose, County of 10 Santa Clara, California. JORDAN SPRINGER resided at the PROPERTY from September 22, 11 2015 to on or about August 11, 2016. 12 4. PLAINTIFFS are informed and believe and thereon allege that Defendant 13 Prometheus Real Estate Group, Inc. (“PROMETHEUS”) is, and at all times mentioned in the 14 Second Amended Complaint was, a business incorporated under the laws of the State of California 15 with its principal place of business in San Mateo, California. PLAINTIFFS are further informed 16 and believe and thereon allege that at all times relevant to this Second Amended Complaint, 17 PROMETHEUS owned and/or managed the PROPERTY. 18 5. PLAINTIFFS are informed and believe and thereon allege that Defendant 19 Timberleaf Apartments, LP (“TIMBERLEAF”) is, and at all times mentioned in the Second 20 Amended Complaint was, a business incorporated under the laws of the State of California with its 21 principal place of business in San Mateo, California. PLAINTIFFS are further informed and 22 believe and thereon allege that at all times relevant to this Second Amended Complaint, 23 TIMBERLEAF owned and/or managed the PROPERTY. 24 6. PLAINTIFFS are ignorant of the true names and capacities of the defendants sued 25 herein as DOES 1 through 25, inclusive, and therefore sue these defendants by this fictitious 26 name. PLAINTIFFS will amend this Second Amended Complaint to allege the true name and 27 capacity of these defendants when ascertained. PLAINTIFFS are informed and believe and 28 thereon allege that the fictitiously named defendants are responsible in some manner for the -2- SECOND AMENDED COMPLAINT FOR DAMAGES 1 occurrences alleged in this Second Amended Complaint, and that PLAINTIFFS’ damages alleged 2 in this Second Amended Complaint were proximately caused by these defendants. 3 8. The acts and/or failures to act alleged in this Second Amended Complaint occurred 4 in the City of Santa Clara, County of Santa Clara, California. The PROPERTY is in the City of 5 Santa Clara, County of Santa Clara, California. 6 9. This Court is the proper court because the making of the contract, which is the 7 subject of this Action, occurred within its jurisdictional area and the property that is the subject of 8 this Action is located within its jurisdictional area. PLAINTIFFS are informed and believe and 9 thereon allege that DEFENDANTS reside in its jurisdictional area. 10 10. PLAINTIFFS are informed and believe and thereon allege that, at all relevant 11 times, each of the DEFENDANTS was PLAINTIFFS’ landlord and/or the agent of PLAINTIFFS’ 12 landlord, and PLAINTIFFS were DEFENDANTS’ tenants, as the terms “landlord” (including 13 “owner” and/or “owner of record”) and “tenant” are defined under California common law; 14 California Code of Civil Procedure section 1161, et. seq.; California Civil Code section 1980, et. 15 seq.; and other California statutory law. 16 11. On or about September 22, 2015, MR. SPRINGER and MS. SPRINGER moved 17 into the PROPERTY pursuant to a written lease (“the LEASE”) with DEFENDANTS. The 18 LEASE established a tenancy from September 22, 2015 to September 16, 2016, and continued 19 month-to-month thereafter. The LEASE required that MR. SPRINGER and MS. SPRINGER pay 20 $2,751.00 rent per month and a security deposit of $1,300.00, which MR. SPRINGER and MS. 21 SPRINGER paid. Attached hereto as Exhibit A is a true and correct copy of the LEASE. 22 12. Throughout PLAINTIFFS’ tenancy, there were numerous and substantial 23 habitability defects and dangerous conditions at the PROPERTY that together and individually 24 constituted violations of the LEASE, as well as violations of applicable housing and residential 25 tenancy laws, including but not limited to numerous provisions of the Uniform Housing Code, 26 California Civil Code, California Health and Safety Code, as well as other code violations. The 27 defective and dangerous conditions at the PROPERTY reflected decay, neglect, negligence, and a 28 lack of adequate maintenance and management of the property for a prolonged period, some of -3- SECOND AMENDED COMPLAINT FOR DAMAGES 1 which constitute immediate life-threatening hazards, directly affecting health and safety. The 2 defective and dangerous conditions included but were not limited to ineffective waterproofing and 3 weather protection of roof and exterior walls; plumbing facilities not maintained in good working 4 order; building, grounds, and appurtenances not kept in clean and sanitary condition; severe 5 dampness of habitable rooms; general dilapidation and/or improper maintenance; nuisances 6 (including but not limited to persistent water leaks, toxic microbial growth, and toxic airborne 7 contaminants); deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, 8 and/or floors; and defective or lack of weather protection for exterior wall coverings. Throughout 9 their tenancy at the PROPERTY, PLAINTIFFS repeatedly notified DEFENDANTS and/or their 10 agents of the defective and dangerous conditions set forth herein, and requested that 11 DEFENDANTS have them addressed, repaired, and/or remedied. Despite these requests and 12 DEFENDANTS’ knowledge of the defective and dangerous conditions as described in this Second 13 Amended Complaint, DEFENDANTS failed and refused to repair the conditions, and/or have 14 done so in a negligent, unprofessional, and shoddy fashion. 15 12. Despite PLAINTIFFS’ well-documented complaints about the habitability issues at 16 the PROPERTY, DEFENDANTS refused and failed to correct the defective and dangerous 17 conditions, performed inadequate, shoddy repairs, and deliberately delayed making repairs and 18 remedying the conditions for an unreasonable amount of time. Furthermore, when 19 DEFENDANTS did attempt to remediate the PROPERTY after the discovery of toxic microbial 20 growth, they did not complete the appropriate standard industry post remediation steps to ensure 21 the all toxic microbial growth had been cleared, which included performance of a clearance 22 inspection and report. Additionally, DEFENDANTS refused to provide PLAINTIFFS with air 23 sample reports from the remediation company who performed the remediation work at the 24 PROPERTY. When PLAINTIFFS provided concrete evidence of additional toxic microbial 25 growth to DEFENDANTS after DEFENDANTS’ remediation work was completed, 26 DEFENDANTS refused to complete further inspections or remediation. After PLAINTIFFS 27 vacated the PROPERTY prior to the end of the lease term due to increasingly severe health issues 28 caused by living at the PROPERTY, DEFENDANTS sent PLAINTIFFS a Final Account -4- SECOND AMENDED COMPLAINT FOR DAMAGES 1 Statement. This statement included charges for rent until the end of the lease term, for repairs 2 undertaken as part of the toxic microbial growth inspection, and for unnecessary painting and 3 carpet cleaning. 4 13. To date, DEFENDANTS have not returned to PLAINTIFFS’ security deposit. 5 14. DEFENDANTS’ actions and/or omissions alleged herein proximately caused 6 PLAINTIFFS to suffer general and special damages, including but not limited to a decrease in 7 housing services without a corresponding reduction in rent, overpayment and/or excessive 8 payment of rent, loss of use and enjoyment of the property, economic loss, fear of loss of housing, 9 bodily injury, substantial discomfort and annoyance, and mental and emotional injury, the amount 10 of which exceeds the minimum jurisdictional threshold of this court and which will be proven at 11 trial. PLAINTIFFS have also been forced to incur attorney’s fees and costs in prosecuting this 12 Action. 13 FIRST CAUSE OF ACTION 14 BREACH OF IMPLIED WARRANTY OF HABITABILITY (MR. SPRINGER AND MS. SPRINGER AGAINST ALL DEFENDANTS) 15 16 15. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the 17 preceding paragraphs as though fully set forth herein. 18 16. PLAINTIFFS entered into a written residential lease agreement with 19 DEFENDANTS for the exclusive use and possession of the PROPERTY. The warranty of 20 habitability is implied in all residential rental agreements and imposes upon a landlord the 21 obligation to maintain the leased dwelling in a habitable condition fit for human occupancy 22 throughout the term of the lease. 23 17. PLAINTIFFS performed all of the obligations under the LEASE except those 24 obligations for which they were excused or which they were prevented from performing by 25 DEFENDANTS’ actions and/or omissions. 26 18. DEFENDANTS breached the warranty of habitability implied in the LEASE and 27 implied by PLAINTIFFS’ tenancy at the PROPERTY by undertaking the course of conduct 28 described herein that directly resulted in the existence of the defective and dangerous conditions -5- SECOND AMENDED COMPLAINT FOR DAMAGES 1 alleged herein. DEFENDANTS had actual or constructive knowledge of each defective condition 2 and were notified by PLAINTIFFS of those defective conditions, but DEFENDANTS failed and 3 refused to make corrections and repairs and/or failed to make adequate and timely corrections and 4 repairs. 5 19. DEFENDANTS knew or should have known that permitting the defective 6 conditions alleged herein to exist at the PROPERTY could injure PLAINTIFFS’ physical and 7 emotional health and well-being, and that such conduct would constitute a serious threat and 8 danger to PLAINTIFFS’ health and safety. 9 20. As a direct and proximate result of DEFENDANTS’ acts and failures to act as 10 alleged herein, PLAINTIFFS have suffered actual and special damages in an amount to be 11 determined at trial. 12 SECOND CAUSE OF ACTION 13 BREACH OF THE COVENANT OF QUIET ENJOYMENT (MR. SPRINGER AND MS. SPRINGER AGAINST ALL DEFENDANTS) 14 15 21. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in 16 the preceding paragraphs as though fully set forth herein. 17 22. PLAINTIFFS entered into a written residential lease agreement with 18 DEFENDANTS for the exclusive use and possession of the PROPERTY. Inherent in the LEASE 19 is an implied covenant of quiet use and enjoyment of the leased premises. 20 23. By the actions and/or omissions described herein, DEFENDANTS interfered with, 21 interrupted, and deprived PLAINTIFFS of the full and beneficial use of the PROPERTY and 22 disturbed their peaceful possession of the PROPERTY. 23 24. These acts of interference, interruption, deprivation, and disturbance by 24 DEFENDANTS amounted to breaches of the covenant of quiet enjoyment implied in all rental 25 agreements and codified in California Civil Code section 1927. 26 25. As a direct and proximate result of DEFENDANTS’ violation of PLAINTIFFS’ 27 right to the quiet enjoyment of the PROPERTY, PLAINTIFFS have suffered actual and special 28 damages in an amount to be determined at trial. -6- SECOND AMENDED COMPLAINT FOR DAMAGES THIRD CAUSE OF ACTION 1 NUISANCE 2 (ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 3 26. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the 4 preceding paragraphs as though fully set forth herein. 5 27. DEFENDANTS’ acts and/or failures to act created an obstruction to the free use of 6 the property and therefore constitute a nuisance within the meaning of California Civil Code 7 section 3479 and California Code of Civil Procedure section 731 in that they substantially and 8 unreasonably deprived PLAINTIFFS of the safe, healthy, and comfortable use and enjoyment of 9 the PROPERTY. 10 28. As the owners, landlords, and/or managers of the PROPERTY, DEFENDANTS 11 owed a duty to PLAINTIFFS, which DEFENDANTS breached by, among other things, 12 maintaining a nuisance within the meaning of California Civil Code section 3479 and California 13 Code of Civil Procedure section 731. 14 29. As a proximate result of DEFENDANTS’ maintenance of the nuisance, 15 PLAINTIFFS suffered mental and emotional injury in an amount to be determined at trial. 16 30. In maintaining the nuisance, DEFENDANTS acted with full knowledge of the 17 consequences thereof and of the damage being caused to PLAINTIFFS. Despite this knowledge, 18 DEFENDANTS continued to maintain the nuisance and/or failed to fully abate the nuisance by 19 repairing the defective and dangerous conditions of the PROPERTY or causing them to be 20 repaired in a timely and proper manner. 21 FOURTH CAUSE OF ACTION NEGLIGENCE 22 (ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 23 31. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the 24 preceding paragraphs as though fully set forth herein. 25 32. Because of the landlord-tenant relationship between DEFENDANTS and 26 PLAINTIFFS, DEFENDANTS owed PLAINTIFFS the duty to exercise reasonable care in the 27 management and control of the PROPERTY, owed a duty to provide PLAINTIFFS with a 28 -7- SECOND AMENDED COMPLAINT FOR DAMAGES 1 residential rental property meeting minimum standards of habitability, and were required to allow 2 PLAINTIFFS the peaceful and quiet enjoyment of the PROPERTY. 3 33. By the conduct alleged herein, DEFENDANTS negligently breached the duties 4 owed to PLAINTIFFS, and violated their statutory duties to PLAINTIFFS by violating certain 5 housing and building codes, local ordinances, and state statutes, including but not limited to 6 California Civil Code section 1941.1, California Civil Code section 1927, and California Health 7 and Safety Code section 17920.3. 8 34. At all times relevant, PLAINTIFFS belonged to a class of persons for which these 9 statutes were designed to protect. The harm PLAINTIFFS have suffered because of 10 DEFENDANTS’ violation of the laws, codes, ordinances, and statutes referenced above is the type 11 of harm these laws, codes, ordinances, and statutes were designed to prevent. 12 35. As a direct and proximate result of the conduct of DEFENDANTS alleged herein, 13 PLAINTIFFS suffered actual and special damages, including mental and/or emotional trauma in 14 an amount to be determined at trial. 15 FIFTH CAUSE OF ACTION CONSTRUCTIVE EVICTION 16 (ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 17 36. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the 18 preceding paragraphs as though fully set forth herein. 19 37. PLAINTIFFS duly performed all conditions, covenants, and promises required to 20 be performed by PLAINTIFFS under the LEASE in accordance with the terms and conditions, 21 except for those acts that DEFENDANTS prevented, delayed, or excused. 22 38. DEFENDANTS had a duty under California law and the LEASE to properly 23 address nuisances, to maintain the PROPERTY in a legal and habitable condition free from 24 defective and dangerous conditions; to make prompt, reasonable, and necessary repairs; and to 25 keep the PROPERTY in a condition suitable for residential use. 26 39. By the actions and/or omissions as alleged herein, including but not limited to 27 DEFENDANTS’ failure to maintain the PROPERTY in a habitable condition, the PROPERTY 28 was unfit for residential occupancy and substantially deprived PLAINTIFFS of the beneficial use -8- SECOND AMENDED COMPLAINT FOR DAMAGES 1 and enjoyment of the PROPERTY for which it was leased. As such, PLAINTIFFS were 2 compelled to vacate the PROPERTY. 3 40. As a direct and proximate result of the DEFENDANTS’ conduct as alleged herein, 4 PLAINTIFFS suffered and continue to suffer actual, special and general damages in an amount to 5 be determined at trial. 6 SIXTH CAUSE OF ACTION 7 VIOLATION OF CALIFORNIA CIVIL CODE SECTION 1940.2 (ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 8 9 41. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the 10 preceding paragraphs as though fully set forth herein. 11 42. California Civil Code section 1940.2 provides that it is unlawful for a landlord to 12 take certain actions for the purpose of influencing a tenant to vacate a dwelling, among them (1) to 13 use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct 14 that interferes with the tenant’s quiet enjoyment of the premises that would create an apprehension 15 of harm in a reasonable person, and (2) to commit a significant and intentional entry into a tenant’s 16 rental unit without proper notice. 17 43. By the actions and/or omissions alleged herein, DEFENDANTS used menacing 18 conduct that interfered with PLAINTIFFS’ quiet enjoyment of the PROPERTY and unlawfully 19 entered the PROPERTY in violation of California Civil Code section 1940.2 to influence 20 PLAINTIFFS to vacate the PROPERTY. 21 44. By violating California Civil Code section 1940.2, DEFENDANTS are liable for 22 actual damages sustained by PLAINTIFFS, and for statutory damages of up to $2,000.00 for each 23 violation of the statute. 24 SEVENTH CAUSE OF ACTION 25 VIOLATION OF CIVIL CODE SECTION 1950.5 (ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 26 27 45. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the 28 preceding paragraphs as though full set forth herein. -9- SECOND AMENDED COMPLAINT FOR DAMAGES 1 46. PLAINTIFFS are informed and believe and thereon allege that DEFENDANTS’ 2 actions and/or omissions, as set forth herein were done in bad faith. Said actions have included 3 but have not been limited to wrongfully retaining the full balance of PLAINTIFFS’ security 4 deposit in violation of California Civil Code section 1950.5. 5 47. By committing the acts complained of above, DEFENDANTS violated California 6 Civil Code section 1950.5, and are liable for actual damages and for statutory damages of up to 7 twice the amount of PLAINTIFFS’ security deposit. 8 9 EIGHTH CAUSE OF ACTION 10 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (ALL PLAINTIFFS AGAINST ALL DEFENDANTS) 11 12 48. PLAINTIFFS re-allege and incorporate by reference all allegations set forth in the 13 preceding paragraphs as though fully set forth herein. 14 49. DEFENDANTS’ actions and/or omissions alleged herein constitute extreme and 15 outrageous conduct beyond the bounds of decency. 16 50. DEFENDANTS’ conduct was knowing, intentional, and willful. DEFENDANTS 17 intended to cause PLAINTIFFS harm and/or acted with reckless disregard of the probability that 18 PLAINTIFFS would suffer emotional distress. 19 51. As a direct and proximate result of DEFENDANTS’ outrageous conduct, 20 PLAINTIFFS suffered, and continue to suffer, severe emotional distress in an amount to be 21 determined at trial. 22 23 24 25 26 27 28 -10- SECOND AMENDED COMPLAINT FOR DAMAGES PRAYER FOR RELIEF WHEREFORE, PLAINTIFFS pray for judgment against DEFENDANTS as follows: For general and special damages according to proof, for each cause of action; For prejudgment interest on the amount of any damages awarded; For damages for injury, including mental and emotional injury, under applicable causes of action; For contractual damages under applicable causes of action; For attorney’s fees and costs under applicable causes of action; For statutory damages, including statutory penalties under applicable causes of action; For such other and further relief as the court may deem just and proper and according to equity. DATED: April 23, 2019 TENANT LAW GROUP, PC By________________________________________ Palomar Sanchez, Esq. Attorney for Plaintiffs THOMAS BRIAN SPRINGER and TRISHA SPRINGER SECOND AMENDED COMPLAINT FOR DAMAGES DEMAND FOR JURY TRIAL PLAINTIFFS hereby demand a jury trial. TENANT LAW GROUP, PC By________________________________________ Palomar Sanchez, Esq. Attorney for Plaintiffs THOMAS BRIAN SPRINGER and TRISHA SPRINGER SECOND AMENDED COMPLAINT FOR DAMAGES Exhibit A CALIFORNIA RENTAL AGREEMENT This Residential Lease Agreement (“Agreement” or “Lease”), entered into between Timberleaf Apartments, (hereinafter referred to as "Management") and the following individuals, jointly and severally Thomas Springer, Trisha Springer (hereinafter collectively referred to as “Resident(s)”). Both parties agree to enter into this lease transaction by electronic means, although traditional hard copies with wet signatures may also be used. Resident(s) agrees and acknowledges that entering into this lease transaction with Management by electronic means is not conditioned on Resident(s)'s agreement to conduct the leasing transaction electronically. TERM, RENT, FEES, DEPOSITS AND CONDITION OF PREMISES 1. Leased Premises: Management rents to Resident(s), Apartment Number #215, located at 2147 Newhall St Apt 215 Santa Clara CA 95050-5891, California (hereinafter “Premises”) in the apartment community commonly referred to as Timberleaf Apartments, (hereinafter referred to as “the Apartment Community” or the “Complex”), pursuant to the terms and conditions set forth herein and in all addenda hereto. 2. Original Term: It is agreed that this Lease shall commence on 09/22/2015 (“Commencement Date”) and will expire on 09/16/2016, unless sooner terminated as provided in this Agreement or as allowed by applicable law. Thereafter, it is mutually agreed that tenancy shall be on a month-to-month basis, and the rent per month will be the same as the last month of the term of the Rental Agreement, unless Management has given a 30-day written notice of change in terms of this agreement, or other notice allowed by law. 3. Delay of Possession: Resident(s) understands that, for reasons beyond the control of Management, possession of the Premises may not be able to be delivered by Management on the Commencement Date (for example, if a former resident of the Premises who has given notice to leave cancels the notice or fails to leave by the scheduled date). If, for any reason, Management is unable to deliver the Premises by the commencement date, Resident(s)’s remedy shall be limited to either the (a) termination of this Agreement and Resident(s) shall be entitled to a prompt refund of any monies paid or (b) an equitable abatement of rental for the days which Resident(s) was delayed in gaining possession of the Premises. Management shall have no other liability to Resident(s) in the event of a delay of possession. 4. Rent: Resident(s) agrees to pay each month to Management the sum of $ 2751.00 as rent for the Premises. Rent must be paid by check or money order, (but not in cash), in advance, on or before the first day of each month. Management at its option may elect in the future to accept credit card or other forms of electronic payments, but is not required to accept such forms of payment. There is no grace period. Rent is due for days of move-in and move-out. It is Resident(s)’s responsibility to ensure the timely payment of rent. Use of Management’s rental payment drop box is for Resident(s)’s convenience; the risk of receipt of funds by Management when such drop box is used is Resident’s, not Management’s. Resident(s) further agrees that they are jointly and severally liable for all rent incurred during the term of this Agreement whether or not in actual possession of the Premises. The name telephone number and address of the entity to whom rent payments shall be made are: Timberleaf Apartments 2147 Newhall St Santa Clara CA 95050-5886 (408) 248-2808 The usual days and hours when rent payments may be made personally are Monday - Saturday 9:00a.m. - 6:00p.m.. 5. Rent Adjustments: Resident(s) understands that adjustments in rental rates are inevitable. Management reserves the right to increase or adjust rental rates based on market conditions, operating expenses, financial costs, or any other factor at the sole discretion of Management upon expiration of the term of the Original Term set forth in this Agreement by giving Resident(s) 30 days’ written notice, unless a longer notice period is required by applicable law. 6. Utilities and Other Charges: Resident(s) agrees to pay for all utilities, services and charges (including without limitation any utility or service deposits) for the Premises as set forth in the Utilities Addendum to this Agreement. 7. Late Charge and NSF Charges: RESIDENT(S) AGREES THAT THE ACTUAL COST TO MANAGEMENT WHEN RESIDENT(S) FAIL TO SUBMIT RENT PAYMENTS TIMELY, OR WHEN THE BANK DISHONORS A RENT CHECK, IS DIFFICULT OR IMPOSSIBLE TO ASCERTAIN, BUT THE PARTIES AGREE THAT MANAGEMENT WILL INCUR ADDITIONAL COSTS AS A RESULT OF SUCH OCCURANCES SUCH AS ADDITIONAL BOOKKEEPING AND ADMINISTRATIVE CHARGES, BANK CHARGES, LOST OPPORTUNITY COSTS OF THE LATE PAYMENT, ETC. THEREFORE, AFTER MAKING A REASONABLE ENDEAVOR TO ESTIMATE ACCURATELY THE APPROXIMATE COSTS ASSOCIATED WITH SUCH BREACHES OF THIS AGREEMENT, WHICH BOTH PARTIES AGREE IS DIFFICULT OR IMPOSSIBLE TO ASCERTAIN, THE PARTIES AGREE RESIDENT(S) WILL PAY LATE CHARGES ON ALL RENT NOT PAID BY THE FOURTH (4th) DAY OF THE MONTH. LATE CHARGES WILL BE $50.00. IN ADDITION, IF ANY CHECKS PROVIDED BY RESIDENT(S) ARE RETURNED UNPAID BY THE BANK FOR ANY REASON, THE PAYMENT NECESSARY TO REPLACE THE DISHONORED CHECK MUST BE IN THE FORM OF CASHIERS’ CHECK OR MONEY ORDER UNLESS MANAGEMENT AGREES, IN WRITING, TO WAIVE THIS REQUIREMENT. THERE WILL BE A FURTHER CHARGE OF $30.00 FOR EACH CHECK. MANAGEMENT’S ACCEPTANCE OF ONE LATE PAYMENT DOES NOT Page 1 of 10 Updated 7/27/2012 CALIFORNIA RENTAL AGREEMENT WAIVE MANAGEMENT’S RIGHT TO REFUSE SUBSEQUENT LATE PAYMENTS. AFTER TWO DISHONORED CHECKS, ALL SUBSEQUENT AMOUNTS DUE MUST BE PAID BY CASHIER’S CHECK OR MONEY ORDER. THE PARTIES AGREE THAT PAYMENT OF THESE SUMS DOES NOT CONSTITUTE A LICENSE TO PAY RENT LATE OR TO PAY BY DISHONORED CHECK. 8. Security Deposit: Resident(s) agrees to pay a $ 1300.00 security deposit to secure faithful performance of this Agreement, which sum shall not exceed the maximum permitted by law. This amount shall be applied and accounted for in accordance with California Civil Code Section 1950.5. The deposit may be used to (a) compensate Management for Resident(s)’s default in the payment of rent, which includes any charges under the Lease that are considered part of rent, including, but not limited to charges for utilities, per the utility lease addendum includes utility charges, (b) to repair damages to the premises, exclusive of ordinary wear and tear, caused by Resident(s) or his/her guest, licensees, visitors or pets, including but not limited to stains in carpet, counter damage, drywall repair, painting, drapes and plumbing system, (c), clean the premises upon termination of the tenancy up to the level of cleanliness it was in at the inception of the tenancy, reasonable wear and tear excepted, (d) and to remedy future defaults by Resident in any obligation under this Agreement including the obligation to cover the cost to restore, replace or return personal property or appurtenances, exclusive of ordinary wear and tear. The security deposit is not intended, nor shall it be construed, to be applied as rent by Resident(s), and the full monthly rent shall be paid on or before the first day of the month, including the last month of possession or of the lease term. Unless required by applicable law, Resident(s) shall not be entitled to interest on such amounts deposited with Management. In the event that, at the termination of the tenancy, the amount of the Security Deposit is insufficient to cover the cost of repairing damage, cleaning the Premises or any other matter referenced in the preceding sentence, Resident shall be obligated to reimburse Landlord for the amount of such insufficiency within three (3) weeks after receipt of notice from Landlord specifying the amount of the insufficiency and the reason for the charge. (This obligation to reimburse Landlord for the amount of any such insufficiency shall survive termination of the tenancy.) In the event Landlord uses any part of the Security Deposit during the tenancy, Resident shall restore the Security Deposit to its full amount within 10 days after Landlord’s written notice to Resident of the deduction and Landlord’s demand that the Security Deposit be restored in full. It is understood that the security deposit is applicable to all Residents jointly, and Management does not account for it until the passing of the permissible statutory period after all Residents have vacated the Premises. Any refund due may be made payable jointly to all Residents It shall be the responsibility of all Residents to work out between themselves the manner of dividing said security deposit. If Management chooses to make the refund to any Resident(s) individually (which need not be done until the statutory time has elapsed after all Residents have vacated the Premises), in legal contemplation the payment shall be deemed to have been made to all Residents and Management shall have no liability to any one or group of Residents for failure of any Resident(s) equitably to divide such refund. Management shall return any unused portion of the security deposit within the time frame set by California Civil Code Section 1950.5 no later than 21 calendar days after the tenant has vacated the Premise, or a successor statute, and in the manner prescribed by this statute. If the security deposit is later increased by agreement of the parties for any reason (such as the installation of a waterbed or relating to a pet), the additional security deposit will be disbursed by Management in accordance with this paragraph at the end of the statutory period following the end of Resident(s)’ tenancy. Removal of the pet or waterbed, or whatever caused the increase in the deposit, will not be grounds for early disbursement of the security deposit. 9. Apartment Condition Checklist: Resident(s) acknowledges receipt in duplicate of the “Apartment Condition Checklist.” Resident(s) agrees to return said Apartment Condition Checklist to Management within twenty-four (24) hours of occupancy noting requests for cleaning, maintenance, and any deficiencies of an existing nature which are not of a “repairable” nature, but are to be recorded as pre-dating this occupancy. Said Apartment Condition Checklist, when returned to Management, shall be signed by the Resident(s) and one copy shall be retained by Management. The Resident(s) shall have one copy countersigned by Management which is to be retained by the Resident(s). If the form is not returned to Management and properly countersigned within said period, it shall be conclusively presumed that the premises were in good and habitable condition and repair and clean at the time the Resident(s) occupied the same. 10. Condition of Premises/Alterations: Resident(s) has inspected the Premises and acknowledges that the same is in good and habitable order and repair at the time Resident(s) is given occupancy except as noted on the Apartment Condition Checklist. Resident(s) agrees not to make any alteration, improvements, installations, repairs or decorations of any kind whether permitted by law or otherwise to the Premises without written consent by Management. All additions, fixtures and improvements, once authorized, shall become Management’s property and remain on the Premises after the termination of this Agreement, unless Management, as a condition of making such alteration, consents to the removal of such alteration and requires the Premises be restored to the condition existing prior to such alteration or addition. Any defective condition on the Premises which comes to the attention of the Resident(s) shall be reported in writing to the Management within 48 hours. When the defective condition may cause serious damage to person or property, it shall be reported immediately. Resident(s) agrees to leave the premises as clean and in as good condition and repair when vacating as it was received by Resident(s) at the inception of the tenancy, it being understood that Resident(s) shall not be responsible for reasonable wear and tear (due solely to the passage of time). PROVISIONS REGARDING OCCUPANCY Page 2 of 10 Updated 7/27/2012 CALIFORNIA RENTAL AGREEMENT 11. Occupancy: The Premises shall be occupied only by the following persons: Thomas Springer, Trisha Springer, Alexandra Springer, Jordan Springer No other persons have permission to occupy the Premises unless such permission is in writing and signed by Management or its authorized agent. Unless prohibited by applicable law, Resident(s) shall not sublet all or a portion of the Premises or assign this Agreement without the prior written consent of Management. Permitting any person not named as an occupant in this Agreement to occupy the Premises shall be deemed an improper subletting of the Premises and shall subject the Resident(s) to termination of tenancy. Any sublet or assignment will not release Resident(s) from liability. Management’s acceptance of rent from any individual or entity not identified in this Lease shall be deemed a payment of rent on behalf of Resident(s) and shall not constitute permission for the person making the payment to occupy the Premises, and at all times, said person shall be deemed an invitee of the named Resident(s). Generally, the maximum number of occupants in the Premises shall be two persons per bedroom plus one additional occupant. For example, in a two-bedroom apartment, the maximum number of people allowed would be five (two people times two bedrooms equals four plus one is five). 12. Residential Use: The Premises is to be occupied solely as housing accommodations by 4 occupant(s) only, and for no other purpose whatsoever. Resident(s) shall not conduct business activities from the Premises, including using the Premises as a business address, conducting business activities from the Premises, or otherwise holding the Premises out as a business address. Nothing set forth in this paragraph shall be deemed as disallowing any use of the Premises that cannot legally be prohibited. 13. Community Rules: Resident(s) acknowledge that Resident(s) has examined, received, and read the Community Rules and the same are a part of the terms and conditions of this Agreement and Resident(s)’ tenancy. Any of the Community Rules may be changed on thirty days’ notice and Resident(s) agree to abide by any such modifications. 14. Conduct of Resident(s): Resident(s) shall not disturb, harass, annoy, endanger or interfere with other residents of the building or neighbors, or to create any nuisance on the grounds where the Premises are located. Resident(s) further agrees not to use the Premises for any unlawful purposes. Certain acts are considered to be contrary to the safety, well-being, peace and enjoyment of the other residents of the Property and are, therefore, prohibited. These include, but are not limited to, the use, possession or sale of illegal drugs and controlled substances in the Premises, and the carrying or exhibiting firearms on the Property (except as required by law or job necessity). Resident(s) shall not violate any law or ordinance, nor commit waste upon or about the Premises. Resident(s) also agrees not to harass, verbally abuse, denigrate or otherwise disrespect Management’s employees, agents and/or contractors. Resident(s) shall keep the Premises in a good state of preservation. Resident(s) agree not to deface or damage any part of the Premises or the Apartment Community or permit the same to be done or keep in the Premises any flammable or explosive materials or any substance considered dangerous, hazardous or toxic under any governmental law or regulation. 15. Smoking: For communities where smoking is permitted, if Resident(s) smokes, or permits smoking in the Premises by invitees or guests, Resident(s) must ensure the smoke does not disturb the quiet enjoyment of the other residents of the Complex. Management does not provide or guarantee a smoke-free environment. Resident(s) is required to become aware of and comply with all laws, ordinances and regulations pertaining to smoking on the Premises. Management reserves the right to change its policies with respect to smoking in the Premises or anywhere in the Apartment Community on thirty (30) days’ written notice. 16. Proposition 65 Warning: The Premises as well as the common areas in and around the Apartment Community contain at least one of the following chemical(s) known to the State of California to cause cancer or reproductive toxicity and for which warnings are now required. These chemicals include, but are not limited to: tobacco, smoke, lead and lead components, asbestos, carbon monoxide and gasoline components. More information on specified exposures is available at www.prop65apt.org. California Health & Safety Code Section 25249 17. Pets: Resident(s) agrees not to keep any pet in the premises without written permission of Management, and only after paying to Management an addition to the security deposit as required and after complying with any pet policies in effect at that time, which may or may not include pet rent. A separate animal agreement may also be required. Management’s permission may be revoked at any time, with or without cause, by giving ten (10) days’ written notice. Except to the extent written permission is given, pets may not be brought upon the Premises, whether such pets belong to Resident(s) or to any other person. The presence of any pets as to which written permission has not been given and is not currently in force, even if such pets are “just visiting”, shall be deemed a material and incurable breach of this Lease and shall be cause for the service of a three-day notice terminating the tenancy. This policy does not apply to accommodation animals. If an animal may be necessary for a disabled individual to use and enjoy the Premises, please contact Management to begin the request process. 18. Duty to Clean and Ventilate: Resident(s) hereby acknowledge that mold and mildew can grow in the Premises if the Premises are not properly maintained and ventilated. As such, Resident(s) agree to ensure appropriate air flow is maintained in the Premises, including the utilization of bathroom fans and opening windows and doors/sliding doors as appropriate. Since it is common for mold and mildew to grow if even a small amount of moisture builds up, Resident(s) further agree to clean and maintain in clean condition toilets, sinks, countertops, showers, bathtubs, appliances, tile and linoleum in the Premises, as well as Page 3 of 10 Updated 7/27/2012 CALIFORNIA RENTAL AGREEMENT maintain and clean the areas around Resident(s) assigned carport, assigned storage or garage (if applicable). Resident(s) agree to notify Management as soon as practicable whenever Resident(s) learn of any condition which could lead to a build-up of moisture in Resident(s)’ apartment, including, but not limited to plumbing leaks, broken window or door seals, accumulation of rainwater or other moisture around windows or doors, broken water lines or sprinklers, inoperable fans, doors or windows and/or any failure or malfunction in the heating, ventilation or air-conditioning system in the Premises. If Resident(s) notice mold or mildew growing in the Premises, Resident(s) agree to notify Management, in writing, immediately. Any failure to comply with the requirements of this paragraph shall be deemed a material breach of this Lease. 19. Pest Control Service: Resident understands and agrees that Management has contracted with a registered structural pest control company to provide pest control services to the Premises on a periodic basis. Resident agrees to notify Management immediately upon the discovery of any insect or other pest infestation on the premises. Resident hereby acknowledges that Resident has been given written notice regarding the use of said pesticides on the premises as provided for under Section 8538 of the Business and Professions Code and Section 1940.8 of the California Civil Code. 20. Bedbugs: Bedbugs are wingless parasites which may lie dormant in cracks, crevices and personal belongings until a host is present. Resident(s) have inspected the Premises prior to leasing and acknowledge there is no visible evidence of the presence or infestation of insects or vermin including bedbugs in the Premises. Resident(s) agree to maintain the Premises in a manner that prevents the occurrence of an infestation of insects and vermin including bedbugs. If Resident(s) allow individuals or items carrying bedbugs into the apartment, or has repeated infestations that cannot be traced to another source, such will be deemed damage to the unit and Resident(s) will be responsible for the cost of treatment to their apartment, personal belongings and surrounding units as necessary to eradicate the infestation. 21. Safety Concerns: Resident(s) acknowledges that the Premises as well as the building and the Complex in which the Premises is located are not “secure.” Management makes no representation or warranties that the building or Complex is secure from theft or any other criminal activity perpetrated by any Resident(s) or others. The presence of courtesy patrols or security officers, patrol vehicles, access gates, surveillance cameras and other deterrents, to the extent that they may be in the Complex, do not guarantee that crime can or will be prevented, and any such measures may be removed at the sole discretion of Management at any time without notice. All such systems are subject to personnel absenteeism, human error, mechanical malfunctions and tampering. Resident(s) are responsible for planning and taking action with respect to the safety of Resident(s) and their property as if such systems and deterrents did not exist. 22. Surveillance Cameras: Management may install surveillance cameras in some of the common areas of the Complex. These cameras may or may not be monitored and the footage recorded by these cameras may or may not be kept by Management for any length of time. Management may remove such cameras, or install additional cameras, at any time without notice to Resident(s) 23. Background Checks: Management has no obligation to obtain criminal background checks on any Resident and bears no responsibility or liability related to the criminal background or actions (whether past, present or future) of any person, even if Management has actually run a criminal background check on applicants. Resident shall not rely on the fact that Management may have run a criminal background check on Resident or any other applicant when deciding whether to enter into this agreement. Background checks are limited to the information actually reviewed and are not a guarantee that a person with a criminal background does not reside at the premises. Management has not made and does not make any representations as to the background of any existing or future resident and Management is under no obligation to run background checks on any existing resident or future applicant. 24. Reporting Criminal Activity: Resident(s) agree to report immediately all suspected or actual criminal activity to the appropriate local law enforcement agencies and, after doing so, to Management, and shall provide Management with such law enforcement agency’s incident report number upon requ