Preview
. UD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stat: “umber, and adress): FOR COURT USE ONLY
f- DIRK POTTER SBN 107091
JACOBS, ANDERSON, POTTER AND CHAPLIN
20 Independence Circle
Chico, CA 95973 tior Court of Californi ia F
TELEPHONE No.: (530) 342-6144 FAX NO.(Optiona)): (530) 342-6310 | County of Butte
E-MAIL ADDRESS (Optional
ATTORNEY FOR (Name): Plaintiff ar 18 ar ob
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
STREET ADDRESS: 1775 Concord Avenue fener, Cler
MAILING ADDRESS: 1775 Concord Avenue eZ Béputy
CITY AND ZIP CODE: Chico, CA 95928
BRANCH NAME:
PLAINTIFF: Sheraton Real Estate Management, Inc.
DEFENDANT: Madelyn H. Lungu
and
() DoEsS1TO inclusive_
10,
CASE NUMBER:
COMPLAINT - UNLAWFUL DETAINER*
(K} complaint
Jurisdiction (check all that apply):
[((} AMENDED COMPLAINT (Amendment Number):
17UD 0304 §
[X] ACTION IS A LIMITED CIVIL CASE
Amount demanded [KJ does not exceed $10,000
LL} exceeds $10,000 but does not exceed $25,000
(CQ) ACTION Is AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
(2) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
(C) from unlawful detainer to general unlimited civil (possession not in issue) from limited to unlimited
(2) from untawful detainer to general limited civil (possession not in issue) CD from unlimited to limited
PLAINTIFF (name each): Sheraton Real Estate Management, Inc.
alleges causes of action against DEFENDANT (name each):
Madelyn H. Lungu
a. Plaintiffis (1) (CC) an individual over the age of 18 years. (4) Cd a partnership.
(2) (CC) a public agency. (8) (KY a corporation.
(3) (CC) other (specify):
b. LL} Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county):
1129 Magnolia Ave., #3, Chico, CA 95926 Butte County
Plaintiff's interest in the premises is CU) as owner (QD other (specify): Agent for owner
The true names and capacities of defendants sued as Does are unknown to plaintiff.
a. On or about (date): August 20, 2015 defendant (name each):
Madelyn H. Lungu
(1) agreed to rent the premises as a (_} month-to-month tenancy [XJ Term
other tenancy (specify): lease
(2) agreed to pay rent of $ 695.00 payable (XQ) monthly [C) other (specify frequency):
(3) agreed to pay rent on the (XQ first of the month [C] other day (specify):
This [QQ written 2 oral agreement was made with
(1) CC) plaintiff. (3) (C) plaintiffs predecessor in interest.
(2) LX) plaintiffs agent (4) LLY other (specify):
*NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a). Page 1 of 3
Form Approved for Optional Use COMPLAINT - UNLAWFUL DETAINER Civil Code, § 1940 et seq
Judicial Council of California Code of Civil Procedure §§ 425 12. 1166
UD-100 [Rev July 1. 2005) ‘courtinio.ca gov
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PLAINTIFF (Name) Sheraton Réeal Estate Management, Inc. | case numeer
DEFENDANT (Name): Madelyn H. Lungu
6. c. () The defendants not named in item 6a are
(1) CC) subtenants.
(2) C) assignees.
(3) LL] other (specify):
d. [X) The agreement was later changed as follows (specify):
Lease term extended to August 1, 2018. Rental rate increased to $725.00
per month effective August 1, 2017.
e. (A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
f. (CY (For residential property)A copy of the written agreement is not attached because (specify reason):
(1) (2) the written agreement is not in the possession of the landlord or the landlord's employees or agents
(2) [-} this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)).
7. Qa. Defendant (name each):Madelyn H. Lungu
was served the following notice on the same date and in the same manner:
(1) Qi] 3-day notice to pay rent or quit (4) (2) 3-day notice to perform covenants or quit
(2) (L) 30-day notice to quit (5) C2) 3-day notice to quit
(3) CJ 60-day notice to quit (6) C.) Other (specify):
b. (1) On (date): October 5, 2017 the period stated in the notice expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
c. All facts stated in the notice are true.
d. (X] The notice included an election of forfeiture.
e. EX) A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
§ 1166.)
f. (2) One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required
by items 7a-e and 8 for each defendant.)
8. a. ({) The notice in item 7a was served on the defendant named in item 7a as follows:
(1) (CY by personally handing a copy to defendant on (date):
(2) (Cy by leaving a copy with (name or description):
a person of suitable age and discretion, on (date): at defendant's
Cd residence (2) business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
place of business.
(3) [X} by posting a copy on the premises on (date): Oct. 2, 2017 CAND giving a copy toa
person found residing at the premises AND mailing a copy to defendant at the premises on
(date): Oct. 2, 2017
(a) Q) because defendant's residence and usual place of business cannot be ascertained OR
(b) EX) because no person of suitable age or discretion can be found there.
(4) CQ Wot for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered
mail addressed to defendant on (date):
(5) () (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.
b. ) (Name):
was served on behalf of all defendants who signed a joint written rental agreement.
c. (-} Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c.
d. (2) Proof of service of the notice in item 7a is attached and labeled Exhibit 3.
Page 20f 3
Ge
UD-100 [Rev July 1. 2005] COMPLAINT - UNLAWFUL DETAINER
Essential
fz\Forms:
‘
PLAINTIFF (Name): Sheraton al Estate Management, Inc SE NUMBER:
DEFENDANT (Name): Madelyn H. Lungu
9. (2) Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
10. QQ] At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 2,890.00
11. The fair rental value of the premises is $ 23.84 per day.
12. (C] Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.)
13. KK] A written agreement between the parties provides for attorney fees.
14.) Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance,
and date of passage):
Plaintiff has met all applicable requirements of the ordinances.
45.() Other allegations are stated in Attachment 15.
16. Plaintiff accepts the jurisdictional limit, if any, of the court.
17. PLAINTIFF REQUESTS
a. possession of the premises. f. KX] damages at the rate stated in item 11 from
b. costs incurred in this proceeding: (date): Nov. 1, 2017 for each day that
c. () past-due rent of $ 2,890.00 defendants remain in possession through entry of judgment.
d. (QJ reasonable attorney fees. g. LC.) statutory damages up to $600 for the conduct alleged in item 12.
e. [X) forfeiture of the agreement. h. (QQ other (specify): For such other and further
relief as the court deems
proper
18. XJ Number of pages attached (specify): Six
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)
19. (Complete in all cases.) An unlawful detainer assistant [XQ] did not C) did for compensation give advice or assistance
with this form. (If plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:)
a. Assistant's name: c. Telephone No.
b. Street address, city, and zip code: d. County of registration:
e. Registration No.:
f. Expires on (date):
Date: October 17, 2017
DIRK POTTER
> Bale
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attorney or fora corporation or partnership.)
| am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date:
Please ee attached
(TYPE OR PRINT NAME)
> (SIGNATURE OF PLAINTIFF)
UD-100 [Rev. July 1, 2005} COMPLAINT - UNLAWFUL DETAINER Page 3 of 3
CB
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Essential
f2jForms-
Sheraton Real Estate Management
sa salar,
acieeet
1166 E Lassen Avenue - Chico, CA 95973
(530) 342-2214
that Lessor may suffer or incur, or that may become due by reason
| of any default of Resident(s) or failure by Resident(s) to comply
with the terms and conditions of this Lease, shall be deemed to be
additional rent, and, in the event of nonpayment, Lessor shall have
Lease Terms all the rights and remedies as herein provided for failure to pay rent,
including, in the event suit shall be brought for an unlawful detainer
of said premises, either for the recovery of any rent due under the
1.1 LEASE TERMS provisions of this Lease or because of any other covenant herein
IN CONSIDERATION OF THEIR “MUTUAL PROMISES, THE
contained, an award of reasonable attorney's fees and costs.
PARTIES AGREE AS FOLLOWS: 3.f. Resident(s) agree(s) to pay the monthly rent with check, money
order or certified funds. Rent payments are to be made payable
1. Owner rents to the Resident(s), MadelynH. Lungu ,and the
to “Sheraton Real Estate Management” and delivered to: Sheraton
Resident(s) rent(s) from the Owner, for residential use only, the Real Estate Management, 1166 East Lassen Avenue, Chico, CA
premises known as: 95973 during normal business hours or delivered to the Resident
1129-3 Magnolia Manager's Office (where there is an on-site office) during posted
Chico, CA 95926 office hours. A 24-hour drop box is available at both said locations
for your convenience.
Chico, CA 95926
2. On or before 08/02/2017
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shall be due as rent for the period from the move in date to the
first of the following month or full month rent, $ $725.00 , if lease
Madelyn H. Lungu
start date is the first of the month. Thereafter, rent shall be due on
the FIRST day of each and every month, at $ $725.00 per month
terminating on the day of 08/01/2018 at which time the lease shall
terminate without further notice. A “month to month” tenancy shall
2
be created only if Owner accepts rent from Resident(s) thereafter.
3. a, Resident(s) agree(s) to pay a late charge of $40.00 if rent is
not received by the 5th day of each month. Owner and Resident(s)
agree that the late payment charge is presumed to be the damages Electronic Communication
sustained because of Resident(s) late payment of rent, due to the fact
that it is impractical or extremely difficult to fix the actual damages.
2.1 ELECTRONIC COMMUNICATION
3b. Resident(s) agree(s) to pay a service charge of $25.00 per service ~ ee
if Owner serves a 3-Day Notice to Pay Rent or Quit in order to collect 4. By providing Landlord with an email address and /or cell phone
delinquent rent or if Owner serves a 3-Day Notice to Comply in the number, Resident agrees to accept electronic lease communication
event of breach of contract by Resident(s). and security deposit itemization and disbursement of security
deposit funds, if any via email, text or cell phone and agrees to
3.c. Resident(s) agree(s) to pay a fee of $40.00 if Resident(s)' bank(s) provide in writing to Landlord changes to the email and/or cell
return(s) a rent check for any reason. If the bank(s) return(s) phone information originally provided to the Landlord in the initial
Resident(s)' rent checks more than once, Owner may serve a 30-day Application to Rent thereby insuring Landlord has current and
written notice that all future rent be paid in a guaranteed form by accurate information to communicate electronically throughout the
certified check or money order. term of their lease.
3d. Resident(s) agree(s) to pay a service charge of $15.00 plus the
actual utility billing if Resident(s) do not
attributable to Resident(s) when due and required by the utility
provider and Sheraton Real Estate Management must pay such
pay the utility bill
x MHL
Madelyn H. Lungu
billing, It is impractical or extremely difficult to fix the actual cost
to Sheraton Real Estate Management for the payment and other
administrative costs; therefore, the above amount shal] be
applicable in each case that a utility payment must be made by
others than the Resident(s).
3.c. All taxes, charges, costs or expenses that Resident(s) assume(s)
or agree(s) to pay hereunder, together with all interest and penalties
that may accrue thercon in the event of the failure of Resident(s) to
pay those items, and all other damages, costs, expenses and sums
< {it 1 PAGE or,4a
payment of rent; b) to repair damages to the premises caused by
3 Resident(s), exclusive of ordinary wear and tear; c) to clean such
premises, if necessary, upon termination of the tenancy; or d) to
have the carpets on the premises professionally cleaned If
General Responsibilities Resident(s) has (have) arranged to have carpets professionally
cleaned it must be no more than 48 hours prior to termination
of the tenancy. Professional carpet cleaning does not include use
3.1 GENERAL RESPONSIBILITIES of a rented carpet-cleaning machine by Resident(s). Resident(s)
ee a se nae
understands that the carpets were professionally cleaned prior to
5. Resident(s) has no right to retain possession of the Premises occupancy. Any damage caused by Resident or Guest(s) of Resident
or any part thereof beyond the expiration or termination of this
who smoke will not be considered normal wear and tear. Resident
Agreement. In the event that the Resident(s) holds over, then the
rent shall be increased to twice the rent applicable immediately agrees that such time as Resident vacates the premises, Resident
preceding the expiration or termination. Nothing contained herein shall be responsible for any additional costs related to smoke
shall be construed as consent by Landlord to a holding over by
damages, including, but not limited to, mini-blinds, draperies,
Resident(s). yellowed walls and ceilings, painting required due to smoke odor,
burns to counters, sinks, or extra cleaning of carpets and/or vinyl
6. Premises shall be occupied ONLY by the following-named due to smoking.
person(s) (include date of birth if under 18) no others may occupy No later than 3 weeks (21 days) after the Resident(s) has (have)
the premises without prior written permission of Landlord:
vacated the premises, the Owner shall furnish the Resident(s) with
Madelyn H. Lungu an itemized written statement of the basis for, and the amount of,
7. Without Owner's prior written permission, no bird or animal, no any security received and the disposition of such security and shall
fish or reptile, no waterbeds or liquid-filled furniture, shall be kept return any remaining portion of such security to the Resident(s)
or allowed in or about said premises. 15. If any legal action or proceeding were brought by either party
8. Resident(s) shall not violate any Governmental law in the use of to enforce any part of this Agreement, the prevailing party shall
the premises, conumit waste or nuisance, annoy, molest or interfere recover, in addition to all other relief, reasonable attorney's fees.
with any other Resident or neighbor. Notice upon Owner may be served upon Sheraton Real Estate
Management 1166 East Lassen Ave. Chico, CA 95973.
9. Except as provided by law, no repairs, decorating nor alterations
shall be done by Resident(s), without Owner's prior written 16. No portion of said premises shall be sublet, or this Agreement
consent. Resident(s) shall notify Owner in writing if any repairs assigned without prior written consent of the owner. Any attempted
or alteration are contemplated. Decorations include, but are not subletting or assignment by the Resident(s) shall, at the election of
limited to, painting, wallpapering, and hanging of murals of any the Owner, be an irrevocable breach of this Agreement.
type. Resident(s) shall hold Owner harmless as to any mechanics 17. The waiver of either party of any breach shall not be construed to
lien recordation or proceeding caused by Resident(s) conduct. be a continuing waiver of any subsequent breach. The receipt by the
10. Resident(s) has (have) inspected the premises, furnishings and Owner of the rent with the knowledge of any violation of a covenant
equipment, and has (have) found them to be satisfactory. All or condition hereto shall not be deemed a waiver of such breach.
plumbing, heating and electrical systems are operative and are No waiver by cither party of the provisions herein shall be deemed
deemed satisfactory according to the Moveln/Move-Out Sheet, to have been made unless expressed in writing and signed by all
which is made part of this Lease. parties to this rental Agreement.
11, Except as provided by law, Resident(s) shall keep the premises, 18. Resident(s) shall not maintain, keep or allow to be kept or
interior and exterior (where applicable), furnishings, appliances, maintained upon said premises any item, or permit any acts to be
and fixtures, which are rented for Resident's exclusive use, in good, done which will cause an increase in the rate of insurance upon, or
order and condition. Resident(s) shall pay Owner for costs to repair, endanger said premises.
replace, or rebuild any portion of the premises damaged by the 19. All Residents shall be entitled to quiet enjoyment of the
Resident(s), Resident(s)’ guests or invitees. Residents’ personal
premises. Resident shall not use the premises in such a way as to
property is not insured by Owner. Owner recommends that violate any law or ordinance, commit waste or nuisance, annoy,
resident secure insurance to protect Resident(s) property. disturb, inconvenience, or interfere with the quiet enjoyment of
12. Resident(s) shall pay for all utilities, services, and charges, if any, any other resident, including but not limited to having loud or
late parties or playing loud music. Resident shall ensure that their
made payable or predicated upon occupancy of Resident(s), except
water paid, garbage paid, and landscaping paid guests also comply with this provision. Violations constitute a
breach of the Agreement, and Owner may take legal action to
13. The undersigned Resident(s), whether or not in actual terminate the Agreement and remove Resident.
possession of the premises, are jointly and severally liable for all
obligations under this rental agreement, and shall indemnify 20. Resident acknowledges that Owner has made no representation
Owner for liability arising prior to the termination of the rental that the property is a “secure” property, and that Resident is safe
agreement for personal injuries or property damage caused or from theft, injury or damage. Gates, fences and locks are provided
permitted by Resident(s), their guests or invitees. This does not primarily for the protection of the Owner's property and are not
waive Owner's duty of care to prevent personal injury or property warranties of protection nor are they specifically provided for the
damage where that duty is imposed by law. protection of Resident or guest’s, person or property. Resident shall
take appropriate measures to protect their owner property, and
14. Resident(s) shall deposit with Owner, as a security deposit, the report to the Police any suspicious activities, persons or events
sum of $500.00 , payable prior to occupancy. Owner may claim occurring on or about the general premises.
(withhold) of the Security Deposit only such amounts as are
reasonably necessary to remedy Resident defaults, and a) in the
-
£f ISI 1 psoe2 er 4—
ne
21. Resident agrees to keep the premises clean, in good order and Resident(s) will have three (3) calendar days to review the detailed
repair, and free of trash and unsightly material and to immediately report of the property condition at move-in. Should resident(s) find
notify the Owner, in writing, of any defects or dangerous conditions it necessary to make any changes to the move-in worksheet, it is
in or about the premises, particularly any water penetration. Resident(s) responsibility to request in writing that the Landlord re-
Resident shall reimburse Owner for the cost to repair damage by inspect, and if necessary adjust the previously provided report to
Resident through misuse or neglect including but not limited to reflect their concerns. The written notice provided by Resident(s)
plumbing stoppages. It is the Resident's responsibility to maintain will automatically be included as part of the original and permanent
household drains in working order during their occupancy. Any ove in documentation retained in the resident(s) property file.
expenses incurred due to blockage will be at Resident(s) expense. Absent communication from resident(s) as to the stated condition of
the property, the condition of the property will be regarded as being
22. The Owner or his agents or employees may enter the premises: as stated in the worksheet provided at move-in.
a) in case of emergency, or b) when the Resident(s) has (have)
abandoned or surrendered the premises, c) to make necessary or
agreed repairs, decorations, alterations or improvements, to supply
necessary or agreed services, or to exhibit the dwelling unit to
prospective or actual purchasers, lenders, residents, workmen or 3.2 ADDENDUMS
— pee ene ee one
contractors, provided the Resident(s) is (are) given reasonable Resident(s) acknowledge receipt and copies of the following
notice of Owner's intent to enter, with entrance during normal
business hours (8:00 a.m. to 5:00 p.m., Monday through Friday addendums as needed by the property: Asbestos Agreement; Mold
Notification; Utilities Agreement;' Community Policies; Pest Control
except holidays). Twenty-four hours shall be presumed to be Notice; Lead Paint Information; Drug Free Housing; Rent Payment
reasonable notice, in absence of evidence to the contrary. Location; Smoke and CO Detector Agreement; Insurance Facts for
23. In the event of any material default or breach by Resident(s), Renters.
Owner may at any time thereafter, without limiting Owner in the
exercise of any right or remedy at law or in equity which Owner
may have by reason of such default or breach: (a) Maintain this x MUL
Agreement in full force and effect and recover the rent and other
monetary charges as they become due, without terminating Madelyn H. Lungu
Resident(s)’ right to possession pursuant to California Civil Code
§1951.4; (b) terminate Resident(s)' right to possession by any lawful
means, in which case this Agreement shall terminate and
Resident(s) shall immediately surrender possession of the premises
4
to Owner. In such event Owner shall be entitled to recover from
Resident(s) all damages incurred by Owner by reason of
Resident(s)' default as more particularly set forth in California Civil
Code §1951.2.
24. California Law provides that all new Lessees’ be made aware
Pro-rated rent
of Megan’s Law. This Law provides that the California Department
of Justice, Sheriff's Departments, Police Departments serving. 4.1 PRO RATED RENT
jurisdictions of 20,000 or more and many other local law ~ —-
enforcement authorities maintain for public access a data base of 28. Upon move in the resident(s) is committed to pay an amount
the locations of persons required to register pursuant to paragraph that is the rent for the period from move in date to the end of the
(1) of subdivision (a) of Section 290.4 of the Penal Code. Pursuant month. Rent is calculated on a 30 day month basis.
to Section 290.46 of the Penal Code, information about specified
registered sex offenders is made available to the public via an Amount due at the time of move in:
Internet Web site maintained by the Department of Justice at
www.meganslaw.ca.gov. Depending on an offender's criminal $500.00 Security Deposit
history, this information will include either the address at which
Pro-rated Rent
the offender resides or the community of residence and ZIP Code
in which he or she resides. Amount due on first of the following month shall be $ $725.00 and
on the first of each month thereafter.
25. In the event that it should become necessary for a resident
to secure a replacement resident, a lease Assumption fee will be
assessed in the amount of $150.00. That fee is to reimburse Sheraton
eal Estate Management for the administrative cost in effecting
a lease assumption. The Lease Assumption fee does not include
y MUL
any advertising or related costs that may be incurred in securing Madelyn H. Lungu
a replacement tenant. Residents understand that they remain
responsible for the full contract rent until such time as a
replacement tenant is approved
26. Prop 65 disclosures for leased property, “WARNING: This area
contains a chemical known to the state of California to cause cancer,
birth defects or other reproductive harm.”
27. Residents) acknowledge that upon move-in to their
aforementioned residence that they will be provided a completed
worksheet detailing the condition of the residence at move-in.
Ce
5
Acceptance
5.1 ACCEPTANCE
Acceptance
x
Lessee IP Address: 70.211.76.68
04/17/2017 05:25pm PDT
X R
Lessor IP Address: 98.255.126.88
04/18/2017 06:10am POT
34 PACE 4 4 eee
ie
Three Day Notice To Pay Rent Or Quit
TO: Madelyn H. Lungu
And all other in possession of the leased/rented premises at
Street Address 1129 Magnolia Avenue Unit# 3
City/State/Zip Chico/CA/95926 County Butte
YOU ARE HEREBY NOTIFIED that, in accordance with the lease/rental agreement underwhich you occupy said premises, the rent
is past due and owing as follows:
Date Due Rent Due Amount Paid Balance Now Owing
10/01/2017 $ 725.00 $ 0.00 3 00
09/01/2017 $ 725.00 $ 0.00 $ 725.00
$ 725.00 $ 0.00 8 725.00
07/01/2017 $ 715.00 $ 0.00 $ 715.00
Total Rent Now Owing $ 2890.00
YOU ARE HEREBY REQUIRED to pay the entirety of the said rent above stated as "Total Rent Now Owing" within THREE
(3) DAYS from the date of service on you of this notice, or to vacate and surrender possession of said premises. In the event you fail
to do so, legal proceedings will be instituted against you to recover possession of said premises and recover all rents together with
treble damages, attorney fees and court costs.
CHECK ONE (By checking either election it will not waive future/past due rent)
\n election has been made to declare a forfeiture of the lease/rental agreement under which you occupy said premises.
Fenant(s) will not be able to "re-instate” the tenancy by paying accrued rent, damages, costs and fees within five (5) days
of entry of Judgement.
C1 An election has been made not to declare a forfeiture of the lease/rental agreement under which you occupy the premises.
Tenant(s) will be able to "re-instate” the tenancy by paying accrued rent, damages, costs and fees within five (5) days of
entry of Judgement.
Owner/Agent Name: Brad Williams Date 1 0/02/17.
Payable to: Sheraton Real Estate Mgmt. Address 1166 E. Lassen Avenue Phone 5303422214
Payments made in person shall be delivered to owner/agent between the hours of 8: 00__am/pm and on the following days
Monday - Friday
There is a 24 hr drop box.
State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions, You may or may not be
able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these
costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.
GOFO Sha (To be filled out by Server)
1, the,undersig ned,b
“bit
ing at least 18 years of age, declare under penalty of perjury that | served this notice, of which this is a true copy, on the
nd dayof . .on the above mentioned Resident in possession in the manner indicated below.
PERSONAL SERVICE
1 By detivering a copy of the Notice to the following resident(s) PERSONALLY.
SUBSTITUTE SERVICE
By leaving a copy for each of the above-named resident(s) with a person of suitable age and discretion at the residence or usual place of
business of the resident(s), said resident(s) being absent thereof,
and mailing by first class mail on said date a copy to each resident by depositing said copies in the United States Mail, in a sealed envelope,
with postage fully prepaid, addressed to the above-named resident(s) at their place of residence.
POST AND MAIL
BX] By posting a copy for each of the above-named resident(s) in a conspicuous place on the property therein de; d, there being no person of
ie eee
suitable age or discretion to be found at any known place of residence or business of said resident(s);,
and mailing by first class mail on the same di as posted, a copy to each resident by depositing said ale cea
sealed envelope with postage fully pr
mete ae 05/15 «s0) a
NS Dee ar
Of sk,
VERIFICATION
I, CHER SONDAY, declare as follows:
1. Iam an officer or employee of Sheraton Real Estate Management, Inc., a
party to this action, and am authorized to make this verification for it and on its behalf, and I
make this verification for that reason.
2. [have read the foregoing Complaint for Unlawful Detainer and attachments thereto,
and know the contents thereof. The same is true of my own knowledge, except as to those matter
which are thercin alleged on information and belicf, and as to those matters | believe it to be true.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed on
October 17, 2017 at Chico, California.
Sheraton Real Estate Management, Inc.
By:
CHER SONDAY
Preview
. UD-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stat: “umber, and adress): FOR COURT USE ONLY f- DIRK POTTER SBN 107091 JACOBS, ANDERSON, POTTER AND CHAPLIN 20 Independence Circle Chico, CA 95973 tior Court of Californi ia F TELEPHONE No.: (530) 342-6144 FAX NO.(Optiona)): (530) 342-6310 | County of Butte E-MAIL ADDRESS (Optional ATTORNEY FOR (Name): Plaintiff ar 18 ar ob SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte STREET ADDRESS: 1775 Concord Avenue fener, Cler MAILING ADDRESS: 1775 Concord Avenue eZ Béputy CITY AND ZIP CODE: Chico, CA 95928 BRANCH NAME: PLAINTIFF: Sheraton Real Estate Management, Inc. DEFENDANT: Madelyn H. Lungu and () DoEsS1TO inclusive_ 10, CASE NUMBER: COMPLAINT - UNLAWFUL DETAINER* (K} complaint Jurisdiction (check all that apply): [((} AMENDED COMPLAINT (Amendment Number): 17UD 0304 § [X] ACTION IS A LIMITED CIVIL CASE Amount demanded [KJ does not exceed $10,000 LL} exceeds $10,000 but does not exceed $25,000 (CQ) ACTION Is AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000) (2) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply): (C) from unlawful detainer to general unlimited civil (possession not in issue) from limited to unlimited (2) from untawful detainer to general limited civil (possession not in issue) CD from unlimited to limited PLAINTIFF (name each): Sheraton Real Estate Management, Inc. alleges causes of action against DEFENDANT (name each): Madelyn H. Lungu a. Plaintiffis (1) (CC) an individual over the age of 18 years. (4) Cd a partnership. (2) (CC) a public agency. (8) (KY a corporation. (3) (CC) other (specify): b. LL} Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): Defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county): 1129 Magnolia Ave., #3, Chico, CA 95926 Butte County Plaintiff's interest in the premises is CU) as owner (QD other (specify): Agent for owner The true names and capacities of defendants sued as Does are unknown to plaintiff. a. On or about (date): August 20, 2015 defendant (name each): Madelyn H. Lungu (1) agreed to rent the premises as a (_} month-to-month tenancy [XJ Term other tenancy (specify): lease (2) agreed to pay rent of $ 695.00 payable (XQ) monthly [C) other (specify frequency): (3) agreed to pay rent on the (XQ first of the month [C] other day (specify): This [QQ written 2 oral agreement was made with (1) CC) plaintiff. (3) (C) plaintiffs predecessor in interest. (2) LX) plaintiffs agent (4) LLY other (specify): *NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161a). Page 1 of 3 Form Approved for Optional Use COMPLAINT - UNLAWFUL DETAINER Civil Code, § 1940 et seq Judicial Council of California Code of Civil Procedure §§ 425 12. 1166 UD-100 [Rev July 1. 2005) ‘courtinio.ca gov CEB Esse ni cebcom 1] ra ' PLAINTIFF (Name) Sheraton Réeal Estate Management, Inc. | case numeer DEFENDANT (Name): Madelyn H. Lungu 6. c. () The defendants not named in item 6a are (1) CC) subtenants. (2) C) assignees. (3) LL] other (specify): d. [X) The agreement was later changed as follows (specify): Lease term extended to August 1, 2018. Rental rate increased to $725.00 per month effective August 1, 2017. e. (A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.) f. (CY (For residential property)A copy of the written agreement is not attached because (specify reason): (1) (2) the written agreement is not in the possession of the landlord or the landlord's employees or agents (2) [-} this action is solely for nonpayment of rent (Code Civ. Proc., § 1161(2)). 7. Qa. Defendant (name each):Madelyn H. Lungu was served the following notice on the same date and in the same manner: (1) Qi] 3-day notice to pay rent or quit (4) (2) 3-day notice to perform covenants or quit (2) (L) 30-day notice to quit (5) C2) 3-day notice to quit (3) CJ 60-day notice to quit (6) C.) Other (specify): b. (1) On (date): October 5, 2017 the period stated in the notice expired at the end of the day. (2) Defendants failed to comply with the requirements of the notice by that date. c. All facts stated in the notice are true. d. (X] The notice included an election of forfeiture. e. EX) A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166.) f. (2) One or more defendants were served (1) with a different notice, (2) on a different date, or (3) in a different manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required by items 7a-e and 8 for each defendant.) 8. a. ({) The notice in item 7a was served on the defendant named in item 7a as follows: (1) (CY by personally handing a copy to defendant on (date): (2) (Cy by leaving a copy with (name or description): a person of suitable age and discretion, on (date): at defendant's Cd residence (2) business AND mailing a copy to defendant at defendant's place of residence on (date): because defendant cannot be found at defendant's residence or usual place of business. (3) [X} by posting a copy on the premises on (date): Oct. 2, 2017 CAND giving a copy toa person found residing at the premises AND mailing a copy to defendant at the premises on (date): Oct. 2, 2017 (a) Q) because defendant's residence and usual place of business cannot be ascertained OR (b) EX) because no person of suitable age or discretion can be found there. (4) CQ Wot for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered mail addressed to defendant on (date): (5) () (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written commercial lease between the parties. b. ) (Name): was served on behalf of all defendants who signed a joint written rental agreement. c. (-} Information about service of notice on the defendants alleged in item 7f is stated in Attachment 8c. d. (2) Proof of service of the notice in item 7a is attached and labeled Exhibit 3. Page 20f 3 Ge UD-100 [Rev July 1. 2005] COMPLAINT - UNLAWFUL DETAINER Essential fz\Forms: ‘ PLAINTIFF (Name): Sheraton al Estate Management, Inc SE NUMBER: DEFENDANT (Name): Madelyn H. Lungu 9. (2) Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. 10. QQ] At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $ 2,890.00 11. The fair rental value of the premises is $ 23.84 per day. 12. (C] Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.) 13. KK] A written agreement between the parties provides for attorney fees. 14.) Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage): Plaintiff has met all applicable requirements of the ordinances. 45.() Other allegations are stated in Attachment 15. 16. Plaintiff accepts the jurisdictional limit, if any, of the court. 17. PLAINTIFF REQUESTS a. possession of the premises. f. KX] damages at the rate stated in item 11 from b. costs incurred in this proceeding: (date): Nov. 1, 2017 for each day that c. () past-due rent of $ 2,890.00 defendants remain in possession through entry of judgment. d. (QJ reasonable attorney fees. g. LC.) statutory damages up to $600 for the conduct alleged in item 12. e. [X) forfeiture of the agreement. h. (QQ other (specify): For such other and further relief as the court deems proper 18. XJ Number of pages attached (specify): Six UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415) 19. (Complete in all cases.) An unlawful detainer assistant [XQ] did not C) did for compensation give advice or assistance with this form. (If plaintiff has received any help or advice for pay from an unlawful detainer assistant, state:) a. Assistant's name: c. Telephone No. b. Street address, city, and zip code: d. County of registration: e. Registration No.: f. Expires on (date): Date: October 17, 2017 DIRK POTTER > Bale (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) VERIFICATION (Use a different verification form if the verification is by an attorney or fora corporation or partnership.) | am the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Please ee attached (TYPE OR PRINT NAME) > (SIGNATURE OF PLAINTIFF) UD-100 [Rev. July 1, 2005} COMPLAINT - UNLAWFUL DETAINER Page 3 of 3 CB cebcom Essential f2jForms- Sheraton Real Estate Management sa salar, acieeet 1166 E Lassen Avenue - Chico, CA 95973 (530) 342-2214 that Lessor may suffer or incur, or that may become due by reason | of any default of Resident(s) or failure by Resident(s) to comply with the terms and conditions of this Lease, shall be deemed to be additional rent, and, in the event of nonpayment, Lessor shall have Lease Terms all the rights and remedies as herein provided for failure to pay rent, including, in the event suit shall be brought for an unlawful detainer of said premises, either for the recovery of any rent due under the 1.1 LEASE TERMS provisions of this Lease or because of any other covenant herein IN CONSIDERATION OF THEIR “MUTUAL PROMISES, THE contained, an award of reasonable attorney's fees and costs. PARTIES AGREE AS FOLLOWS: 3.f. Resident(s) agree(s) to pay the monthly rent with check, money order or certified funds. Rent payments are to be made payable 1. Owner rents to the Resident(s), MadelynH. Lungu ,and the to “Sheraton Real Estate Management” and delivered to: Sheraton Resident(s) rent(s) from the Owner, for residential use only, the Real Estate Management, 1166 East Lassen Avenue, Chico, CA premises known as: 95973 during normal business hours or delivered to the Resident 1129-3 Magnolia Manager's Office (where there is an on-site office) during posted Chico, CA 95926 office hours. A 24-hour drop box is available at both said locations for your convenience. Chico, CA 95926 2. On or before 08/02/2017 y MHL shall be due as rent for the period from the move in date to the first of the following month or full month rent, $ $725.00 , if lease Madelyn H. Lungu start date is the first of the month. Thereafter, rent shall be due on the FIRST day of each and every month, at $ $725.00 per month terminating on the day of 08/01/2018 at which time the lease shall terminate without further notice. A “month to month” tenancy shall 2 be created only if Owner accepts rent from Resident(s) thereafter. 3. a, Resident(s) agree(s) to pay a late charge of $40.00 if rent is not received by the 5th day of each month. Owner and Resident(s) agree that the late payment charge is presumed to be the damages Electronic Communication sustained because of Resident(s) late payment of rent, due to the fact that it is impractical or extremely difficult to fix the actual damages. 2.1 ELECTRONIC COMMUNICATION 3b. Resident(s) agree(s) to pay a service charge of $25.00 per service ~ ee if Owner serves a 3-Day Notice to Pay Rent or Quit in order to collect 4. By providing Landlord with an email address and /or cell phone delinquent rent or if Owner serves a 3-Day Notice to Comply in the number, Resident agrees to accept electronic lease communication event of breach of contract by Resident(s). and security deposit itemization and disbursement of security deposit funds, if any via email, text or cell phone and agrees to 3.c. Resident(s) agree(s) to pay a fee of $40.00 if Resident(s)' bank(s) provide in writing to Landlord changes to the email and/or cell return(s) a rent check for any reason. If the bank(s) return(s) phone information originally provided to the Landlord in the initial Resident(s)' rent checks more than once, Owner may serve a 30-day Application to Rent thereby insuring Landlord has current and written notice that all future rent be paid in a guaranteed form by accurate information to communicate electronically throughout the certified check or money order. term of their lease. 3d. Resident(s) agree(s) to pay a service charge of $15.00 plus the actual utility billing if Resident(s) do not attributable to Resident(s) when due and required by the utility provider and Sheraton Real Estate Management must pay such pay the utility bill x MHL Madelyn H. Lungu billing, It is impractical or extremely difficult to fix the actual cost to Sheraton Real Estate Management for the payment and other administrative costs; therefore, the above amount shal] be applicable in each case that a utility payment must be made by others than the Resident(s). 3.c. All taxes, charges, costs or expenses that Resident(s) assume(s) or agree(s) to pay hereunder, together with all interest and penalties that may accrue thercon in the event of the failure of Resident(s) to pay those items, and all other damages, costs, expenses and sums < {it 1 PAGE or,4a payment of rent; b) to repair damages to the premises caused by 3 Resident(s), exclusive of ordinary wear and tear; c) to clean such premises, if necessary, upon termination of the tenancy; or d) to have the carpets on the premises professionally cleaned If General Responsibilities Resident(s) has (have) arranged to have carpets professionally cleaned it must be no more than 48 hours prior to termination of the tenancy. Professional carpet cleaning does not include use 3.1 GENERAL RESPONSIBILITIES of a rented carpet-cleaning machine by Resident(s). Resident(s) ee a se nae understands that the carpets were professionally cleaned prior to 5. Resident(s) has no right to retain possession of the Premises occupancy. Any damage caused by Resident or Guest(s) of Resident or any part thereof beyond the expiration or termination of this who smoke will not be considered normal wear and tear. Resident Agreement. In the event that the Resident(s) holds over, then the rent shall be increased to twice the rent applicable immediately agrees that such time as Resident vacates the premises, Resident preceding the expiration or termination. Nothing contained herein shall be responsible for any additional costs related to smoke shall be construed as consent by Landlord to a holding over by damages, including, but not limited to, mini-blinds, draperies, Resident(s). yellowed walls and ceilings, painting required due to smoke odor, burns to counters, sinks, or extra cleaning of carpets and/or vinyl 6. Premises shall be occupied ONLY by the following-named due to smoking. person(s) (include date of birth if under 18) no others may occupy No later than 3 weeks (21 days) after the Resident(s) has (have) the premises without prior written permission of Landlord: vacated the premises, the Owner shall furnish the Resident(s) with Madelyn H. Lungu an itemized written statement of the basis for, and the amount of, 7. Without Owner's prior written permission, no bird or animal, no any security received and the disposition of such security and shall fish or reptile, no waterbeds or liquid-filled furniture, shall be kept return any remaining portion of such security to the Resident(s) or allowed in or about said premises. 15. If any legal action or proceeding were brought by either party 8. Resident(s) shall not violate any Governmental law in the use of to enforce any part of this Agreement, the prevailing party shall the premises, conumit waste or nuisance, annoy, molest or interfere recover, in addition to all other relief, reasonable attorney's fees. with any other Resident or neighbor. Notice upon Owner may be served upon Sheraton Real Estate Management 1166 East Lassen Ave. Chico, CA 95973. 9. Except as provided by law, no repairs, decorating nor alterations shall be done by Resident(s), without Owner's prior written 16. No portion of said premises shall be sublet, or this Agreement consent. Resident(s) shall notify Owner in writing if any repairs assigned without prior written consent of the owner. Any attempted or alteration are contemplated. Decorations include, but are not subletting or assignment by the Resident(s) shall, at the election of limited to, painting, wallpapering, and hanging of murals of any the Owner, be an irrevocable breach of this Agreement. type. Resident(s) shall hold Owner harmless as to any mechanics 17. The waiver of either party of any breach shall not be construed to lien recordation or proceeding caused by Resident(s) conduct. be a continuing waiver of any subsequent breach. The receipt by the 10. Resident(s) has (have) inspected the premises, furnishings and Owner of the rent with the knowledge of any violation of a covenant equipment, and has (have) found them to be satisfactory. All or condition hereto shall not be deemed a waiver of such breach. plumbing, heating and electrical systems are operative and are No waiver by cither party of the provisions herein shall be deemed deemed satisfactory according to the Moveln/Move-Out Sheet, to have been made unless expressed in writing and signed by all which is made part of this Lease. parties to this rental Agreement. 11, Except as provided by law, Resident(s) shall keep the premises, 18. Resident(s) shall not maintain, keep or allow to be kept or interior and exterior (where applicable), furnishings, appliances, maintained upon said premises any item, or permit any acts to be and fixtures, which are rented for Resident's exclusive use, in good, done which will cause an increase in the rate of insurance upon, or order and condition. Resident(s) shall pay Owner for costs to repair, endanger said premises. replace, or rebuild any portion of the premises damaged by the 19. All Residents shall be entitled to quiet enjoyment of the Resident(s), Resident(s)’ guests or invitees. Residents’ personal premises. Resident shall not use the premises in such a way as to property is not insured by Owner. Owner recommends that violate any law or ordinance, commit waste or nuisance, annoy, resident secure insurance to protect Resident(s) property. disturb, inconvenience, or interfere with the quiet enjoyment of 12. Resident(s) shall pay for all utilities, services, and charges, if any, any other resident, including but not limited to having loud or late parties or playing loud music. Resident shall ensure that their made payable or predicated upon occupancy of Resident(s), except water paid, garbage paid, and landscaping paid guests also comply with this provision. Violations constitute a breach of the Agreement, and Owner may take legal action to 13. The undersigned Resident(s), whether or not in actual terminate the Agreement and remove Resident. possession of the premises, are jointly and severally liable for all obligations under this rental agreement, and shall indemnify 20. Resident acknowledges that Owner has made no representation Owner for liability arising prior to the termination of the rental that the property is a “secure” property, and that Resident is safe agreement for personal injuries or property damage caused or from theft, injury or damage. Gates, fences and locks are provided permitted by Resident(s), their guests or invitees. This does not primarily for the protection of the Owner's property and are not waive Owner's duty of care to prevent personal injury or property warranties of protection nor are they specifically provided for the damage where that duty is imposed by law. protection of Resident or guest’s, person or property. Resident shall take appropriate measures to protect their owner property, and 14. Resident(s) shall deposit with Owner, as a security deposit, the report to the Police any suspicious activities, persons or events sum of $500.00 , payable prior to occupancy. Owner may claim occurring on or about the general premises. (withhold) of the Security Deposit only such amounts as are reasonably necessary to remedy Resident defaults, and a) in the - £f ISI 1 psoe2 er 4— ne 21. Resident agrees to keep the premises clean, in good order and Resident(s) will have three (3) calendar days to review the detailed repair, and free of trash and unsightly material and to immediately report of the property condition at move-in. Should resident(s) find notify the Owner, in writing, of any defects or dangerous conditions it necessary to make any changes to the move-in worksheet, it is in or about the premises, particularly any water penetration. Resident(s) responsibility to request in writing that the Landlord re- Resident shall reimburse Owner for the cost to repair damage by inspect, and if necessary adjust the previously provided report to Resident through misuse or neglect including but not limited to reflect their concerns. The written notice provided by Resident(s) plumbing stoppages. It is the Resident's responsibility to maintain will automatically be included as part of the original and permanent household drains in working order during their occupancy. Any ove in documentation retained in the resident(s) property file. expenses incurred due to blockage will be at Resident(s) expense. Absent communication from resident(s) as to the stated condition of the property, the condition of the property will be regarded as being 22. The Owner or his agents or employees may enter the premises: as stated in the worksheet provided at move-in. a) in case of emergency, or b) when the Resident(s) has (have) abandoned or surrendered the premises, c) to make necessary or agreed repairs, decorations, alterations or improvements, to supply necessary or agreed services, or to exhibit the dwelling unit to prospective or actual purchasers, lenders, residents, workmen or 3.2 ADDENDUMS — pee ene ee one contractors, provided the Resident(s) is (are) given reasonable Resident(s) acknowledge receipt and copies of the following notice of Owner's intent to enter, with entrance during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday addendums as needed by the property: Asbestos Agreement; Mold Notification; Utilities Agreement;' Community Policies; Pest Control except holidays). Twenty-four hours shall be presumed to be Notice; Lead Paint Information; Drug Free Housing; Rent Payment reasonable notice, in absence of evidence to the contrary. Location; Smoke and CO Detector Agreement; Insurance Facts for 23. In the event of any material default or breach by Resident(s), Renters. Owner may at any time thereafter, without limiting Owner in the exercise of any right or remedy at law or in equity which Owner may have by reason of such default or breach: (a) Maintain this x MUL Agreement in full force and effect and recover the rent and other monetary charges as they become due, without terminating Madelyn H. Lungu Resident(s)’ right to possession pursuant to California Civil Code §1951.4; (b) terminate Resident(s)' right to possession by any lawful means, in which case this Agreement shall terminate and Resident(s) shall immediately surrender possession of the premises 4 to Owner. In such event Owner shall be entitled to recover from Resident(s) all damages incurred by Owner by reason of Resident(s)' default as more particularly set forth in California Civil Code §1951.2. 24. California Law provides that all new Lessees’ be made aware Pro-rated rent of Megan’s Law. This Law provides that the California Department of Justice, Sheriff's Departments, Police Departments serving. 4.1 PRO RATED RENT jurisdictions of 20,000 or more and many other local law ~ —- enforcement authorities maintain for public access a data base of 28. Upon move in the resident(s) is committed to pay an amount the locations of persons required to register pursuant to paragraph that is the rent for the period from move in date to the end of the (1) of subdivision (a) of Section 290.4 of the Penal Code. Pursuant month. Rent is calculated on a 30 day month basis. to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Amount due at the time of move in: Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal $500.00 Security Deposit history, this information will include either the address at which Pro-rated Rent the offender resides or the community of residence and ZIP Code in which he or she resides. Amount due on first of the following month shall be $ $725.00 and on the first of each month thereafter. 25. In the event that it should become necessary for a resident to secure a replacement resident, a lease Assumption fee will be assessed in the amount of $150.00. That fee is to reimburse Sheraton eal Estate Management for the administrative cost in effecting a lease assumption. The Lease Assumption fee does not include y MUL any advertising or related costs that may be incurred in securing Madelyn H. Lungu a replacement tenant. Residents understand that they remain responsible for the full contract rent until such time as a replacement tenant is approved 26. Prop 65 disclosures for leased property, “WARNING: This area contains a chemical known to the state of California to cause cancer, birth defects or other reproductive harm.” 27. Residents) acknowledge that upon move-in to their aforementioned residence that they will be provided a completed worksheet detailing the condition of the residence at move-in. Ce 5 Acceptance 5.1 ACCEPTANCE Acceptance x Lessee IP Address: 70.211.76.68 04/17/2017 05:25pm PDT X R Lessor IP Address: 98.255.126.88 04/18/2017 06:10am POT 34 PACE 4 4 eee ie Three Day Notice To Pay Rent Or Quit TO: Madelyn H. Lungu And all other in possession of the leased/rented premises at Street Address 1129 Magnolia Avenue Unit# 3 City/State/Zip Chico/CA/95926 County Butte YOU ARE HEREBY NOTIFIED that, in accordance with the lease/rental agreement underwhich you occupy said premises, the rent is past due and owing as follows: Date Due Rent Due Amount Paid Balance Now Owing 10/01/2017 $ 725.00 $ 0.00 3 00 09/01/2017 $ 725.00 $ 0.00 $ 725.00 $ 725.00 $ 0.00 8 725.00 07/01/2017 $ 715.00 $ 0.00 $ 715.00 Total Rent Now Owing $ 2890.00 YOU ARE HEREBY REQUIRED to pay the entirety of the said rent above stated as "Total Rent Now Owing" within THREE (3) DAYS from the date of service on you of this notice, or to vacate and surrender possession of said premises. In the event you fail to do so, legal proceedings will be instituted against you to recover possession of said premises and recover all rents together with treble damages, attorney fees and court costs. CHECK ONE (By checking either election it will not waive future/past due rent) \n election has been made to declare a forfeiture of the lease/rental agreement under which you occupy said premises. Fenant(s) will not be able to "re-instate” the tenancy by paying accrued rent, damages, costs and fees within five (5) days of entry of Judgement. C1 An election has been made not to declare a forfeiture of the lease/rental agreement under which you occupy the premises. Tenant(s) will be able to "re-instate” the tenancy by paying accrued rent, damages, costs and fees within five (5) days of entry of Judgement. Owner/Agent Name: Brad Williams Date 1 0/02/17. Payable to: Sheraton Real Estate Mgmt. Address 1166 E. Lassen Avenue Phone 5303422214 Payments made in person shall be delivered to owner/agent between the hours of 8: 00__am/pm and on the following days Monday - Friday There is a 24 hr drop box. State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions, You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out. GOFO Sha (To be filled out by Server) 1, the,undersig ned,b “bit ing at least 18 years of age, declare under penalty of perjury that | served this notice, of which this is a true copy, on the nd dayof . .on the above mentioned Resident in possession in the manner indicated below. PERSONAL SERVICE 1 By detivering a copy of the Notice to the following resident(s) PERSONALLY. SUBSTITUTE SERVICE By leaving a copy for each of the above-named resident(s) with a person of suitable age and discretion at the residence or usual place of business of the resident(s), said resident(s) being absent thereof, and mailing by first class mail on said date a copy to each resident by depositing said copies in the United States Mail, in a sealed envelope, with postage fully prepaid, addressed to the above-named resident(s) at their place of residence. POST AND MAIL BX] By posting a copy for each of the above-named resident(s) in a conspicuous place on the property therein de; d, there being no person of ie eee suitable age or discretion to be found at any known place of residence or business of said resident(s);, and mailing by first class mail on the same di as posted, a copy to each resident by depositing said ale cea sealed envelope with postage fully pr mete ae 05/15 «s0) a NS Dee ar Of sk, VERIFICATION I, CHER SONDAY, declare as follows: 1. Iam an officer or employee of Sheraton Real Estate Management, Inc., a party to this action, and am authorized to make this verification for it and on its behalf, and I make this verification for that reason. 2. [have read the foregoing Complaint for Unlawful Detainer and attachments thereto, and know the contents thereof. The same is true of my own knowledge, except as to those matter which are thercin alleged on information and belicf, and as to those matters | believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on October 17, 2017 at Chico, California. Sheraton Real Estate Management, Inc. By: CHER SONDAY