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Mark K. Oto, Esq. ¹100058
255 North Market
Suite 285
Street FH
AN1
KD
ATEO COUNTY
San Jose, California 95110
Telephone: (408) 283-0220 J 27 2014
4
Cl ot up Court
Attorney for Plaintiff
SUPERIOR COURT, STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 CIVILDIVISION, SOUTHERN BRANCH
12 Monroe
Kenneth
Wingate,
Meislin,
No. GL J209746
.13 dba Seacliff Apartments,
14 Plaintiff,
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vs. COMPLAINTFOR UNLAWFUL
DETAINER
16 (DOES NOT EXCEED $ 10,000;
LIMITEDCIVILCASE)
17 Sabrina Boothe,
and Does 1-10 inclusive,
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Defendants/
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20 Plaintiff, Monroe Wingate, Kenneth Meislin, dba Seacliff Apartments, (hereinafter
21 referred to as "PlaintifF', alleges as follows:
Plaintiff is, and at all times herein mentioned was, an individual over the age of
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eighteen (18) years. Plaintiff, at all times relevant herein, has conducted business under the
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fictitious business name of Seacliff Apartments and has complied with all applicable fictitious
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business name requirements.
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2. Plaintiff is the owner of the property, possession of which is sought in this
28 action.
COMPLAINT FOR UNLAWFUL DETAINER
3. Plaintiffis ignorant of the true names and capacities of all Doe Defendants set
forth in the caption herein, and therefore sues these Defendants by such fictitious names.
Plaintiffprays leave to amend this Complaint to allege their true names and capacities when the
same have been ascertained.
4. Plaintiff is informed and believes, and based thereon alleges that, at all times
herein mentioned each of the Defendants sued herein was the agent of each of the remaining
Defendants, and was, at all times, acting within the purpose and scope of such agency.
5. Plaintiff is informed and believes, and based thereon alleges that, all Does
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names in the caption herein, are unlawfully in possession of the Premises, as more particularly
12 alleged herein below.
13 6. On or about April 23, 2014, Plaintiff, through PlaintifFs agent, leased to
14 Defendants, Sabrina Boothe, and each of them, certain premises commonly known as 306
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Palmetto Avenue, Unit ¹117, Pacifica, CA 94044, San Mateo County (hereinafter "Premises" ),
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under a lease in writing (hereinafter "Lease Agreement" ). A true and correct copy of said
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Lease Agreement is attached hereto as Exhibit "A"and incorporated herein by this reference.
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7. Defendants, and each of them, entered into possession of the Premises prior to
20 the date set forth in the preceding paragraph and continues to occupy said Premises.
21 8. Plaintiffhas performed all of the terms and conditions of the Lease Agreement
22 on Plaintiff's part to be performed.
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9. By the terms of said Lease Agreement, Defendants, and each of them, were
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required to pay Plaintiff $ 1,542.00 per month Rent for the use of said Premises, payable in
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advance on the first (1") day of each and every month throughout the term of the Lease
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Agreement.
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COMPLAINT FOR UNLAWFUL DETAINER
10. Defendants, and each of them, have failed to pay the full rental amount due and
owing for the Premises, and there is now due, owing and unpaid for Rent under and pursuant to
said Lease Agreement in the sum of $ 1,542.00 for the period through and including June 2014.
11. On June 6, 2014, Plaintiff, in compliance with Code of Civil Procedure Section
6 1161(2), caused to be served on Defendants, and each of them, a written notice (hereinafter
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"Notice to Pay Rent or Quit") stating the amount of Rent then due and requiring Defendants,
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and each of them, to pay the full amount thereof, or to deliver up possession of said Premises
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within three (3) days after service of said Notice to Pay Rent or Quit. Said Notice to Pay Rent
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or Quit declared an election for forfeiture of the Lease Agreement. A true and correct copy of
12 said Notice to Pay Rent or Quit is attached hereto as Exhibit "B" and incorporated herein by
13 this reference. A true and correct copy of the proof of service for the Notice to Pay Rent or
14 Quit is attached hereto as Exhibit "C" and incorporated herein by this reference.
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12. More than three (3) days have elapsed since said Notice to Pay Rent or Quit, as
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referred to above, was served on Defendants, and each of them, and Defendants, and each of
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them, have failed to pay said Rent or deliver up possession of said Premises. Plaintiff is
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entitled to immediate possession of the Premises.
20 13. Defendants, and each of them, continue in possession of said Premises, without
21 PlaintifF s permission or consent and contrary to the terms of said Lease Agreement.
14. The reasonable rental value of the Premises is $ 51.40 per day, and Plaintiff is
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entitled to damages in that amount &om and after the expiration of the Notice to pay Rent or
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Quit, as referred to above, for Defendants, and each their, continued possession of the
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Premises.
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WHEREFORE, Plaintiffprays for judgment against Defendants, and each of them, as
28 follows:
1. For immediate restitution of said Premises;
COMPLAINT FOR UNLAWFUL DETAINER
2. For a declaration that the Lease Agreement has been forfeited;
3. For the Rent of said Premises now due, owing and unpaid, as more particularly
set forth above;
4. For damages for the unlawful detention of the Premises in the amount of $ 51.40
per day from and after the expiration of the Notice to Pay Rent or Quit period, as set forth
above;
5. For costs of suit and interest according to proof; and
6. For such other and further relief as the Court deems just and proper.
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Dated: June 26, 2014
12
MARKK. OTO
.13 Attorney for Plaintiff
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COMPLAINT FOR UNLAWFUL DETAINER
VERIFICATION
I, Mark K. Oto, declare:
I am an attorney at law duly admitted and licensed to practice law before all courts of
this State and I have my professional office at 255 North Market Street, Suite 285, San Jose,
California 95110. I am the attorney of record in the above-entitled matter.
At the time of the signing of this Complaint, Plaintiff (or its authorized agent) was
outside the County of my law practice and was unable to execute this Verification and for that
10 reason, I am executing the same.
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I have read the foregoing COMPLAINT FOR UNLAWFUL DETAINER, and I am
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informed and believe that the matters stated therein are true, and on that ground, I allege that
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the matters stated therein are true.
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I declare under penalty of perjury that the foregoing is true and correct, and that this
16 declaration was executed on this 26th day of June 2014 at San Jose, California.
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18 Mark K. Oto
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COMPLAINT FOR UNLAWFUL DETAINER
Seacliff
AGREEINENT TO RENT OR LEASE
PARTIES: This agreement is made and entered of Aorll 23. 2014,
into as by and between Seacliff hereinafter
referred
toas "Owner and Sabrina Soothe hereinafterreferred
to as "Tenant(s)".
PREMISES: Subject to termsand conditionsset forth below.Owner hereby rents to Tenant those certainPremises
described
Premises
as
are
~a
located
portion
at 300
of that
Pahnetto
certain
Avenue. Pectftce.
building or complexof buildings
atter
California, herein
commonly
referred
known as
to as the "Premises
Seacliff Aoartmenta
". The
(the
"Complex ). Tenant shall have the right to usein common with othe'r
tenants of the Complex such cominon areas as
Owner may designate in writing flem time to time.
TERM: The term hereofshall commence on Mev 1. 2014, and unless sooner terminated as hereinprovided, continue
(check one of the following alternatives):
IQ for a period of 12 months.
thereafterexpiring on April $ 0. 2018.
0 On a month-to-month basis (MONTH-TO-MONTHLEASE).
HOLDING OVER: Any holding over thereaRer with Owner's
termination of this Agreement, consent,shall be construed
as a month-to-month tenancy in accordance with the terms hereof,
as applicable.
RENT: in advance
Rent shall be $ 1 642 00 per month, payable upon the first day of each
calendar month. If rent is not
QwneVs Initial:
Payment
~
paid on the first day of the month, Tenant
..i 0.0;i;
must be made
Tenant's ~
tf e.e;':
Initials:
delinquent In payment
will be considered
to Seacliff at lhe following address:
of rent andIn default.
300 Palmetto Avenue. Paclfica. CA 94044
Telephone number for the aboveaddress. I6SD) 358-1049
Payments made In perSOn Shallbe delivered to Seacliff Aaartments leasingoffice onthe days and between thehours
indicatedbelow. Mon-Sat 94t. Sun 11<.
Acceptable methods of payment are:personal check,cashiers check or money order.
at said location for your convenience.
in There is a 24 hour drop box available
LATE pATMENTs - DtsHQNoRED cHEGKs: ln the event that rent is not paid by the 5th day of the month,
a late fee
In the event that a Tenant's
of $ 50.00 will ba assessed. check Is dishonoredor returned by the bank,a $ 20.00 fee will be
assessed. Delinquentrent and fees must be paid with a cashier'scheck or money order only.All latefees snd check
Charges are to be d'cerned rent owed.
additional Furtherinore,Tenant agrees that after the
second returned or dishonored
check. all future paymentsmust be paid with a cashier's
check or money order only. Ir owneragrees to accept rent paid
not waive Owner's
late, this does future late payments,
right to not accept and there period
shall be no grace Implied in this
Agreement All rent
payments made alter the
service of aThree Day Notice muSt be paid by cashleVs check or money
OwnsVs ~i~
Initial:
s.o. 'g
USE AND OCCUPANCY:
Tenant's
The Premises
~
order and are to be paid at the Complex management
Initials:
are
oflice.
, s.e.:,
to be used only asa private residencefor not more thanf occupants and
for no otherpurpose without priorwrittenconsent of the owner. occupancy by guests stayingmore than ten (10)days
without the writtenconsent of the Owner shall be considered ~areach of the paragraph entitled"Assignment and
Subletting" below.
UTIUTIES: Tenant shallbe responsible for all utilities and
agrees to make payments for same, including anyand all
depositsrequired for said
utisties.
except the following which shall be paid by the owner: f5'. Owner liable to
shall not be
Tenant, and Tenant hereby waives any claimsagainst Owner, for any damages resulting from the failure or interruption of
caused
utilities, unless of the Owner,
by willful misconduct
S. SECURffY DEPOSIT: of this agreement,
Concurrently with the execution Tenant shall depositwith Owner the sum of
32.550.00 to be held as securityfor Tenant'sfaithful performanceof terms of this Agreement. Upon termination of this
Agreement and Tenant's vacationof the Premises, Owner may retainainounts from the Deposit thatare reasonably
necessary.'a) to remedy Tenant defaults hereunder, including,but not limitedto,present and future defaultsin the
payment of rent,
late charges,check charges,attorney'sfees and costs,(b) to cleanthe carpets,window coverings, and
Interior of the
Premises . and (c) to paint andrepair thePremises, or to restore,replaceor returnpersonal property or
appurtenances, in order damages
to correct beyond normal wear and tear.Cleaning or repair work done by theTenant
upon vacating the Premises must be done to OwneCs satisfaction.
0NI
:IIJ 6%:TT %X-8T-98
Exhibit ~
sloe $ X%FJ
Seacliff
portion of the
If all or any Tenant's securitydeposit as appliedby the Owner during theterm of this Agreement to make
repairsto thePremises Owner may demand thatTenant replenishthe amount
full so applied.Tenant's failure
necesSary .
toreplenish such amount within five (5) daysafterwritten demand by owner a
will constitute materialbreach of this
Agreement. owner's written demand forreplenishment willincludean itemizedstatement describingthe or the
disposition
security deposit.
after 30 days'rior Owner may Increase
written notice to the Tenant,
At any time during the term of this Agreement,
and
by law.Tenant'sfailuretodepositsuch increasein accordance with
the security deposit to the maximum amountpermitted
OwneVs notice a
will constitute breach afthisAgreement. The securitydeposit isnot to be applied by theTenant
major
rental or charges due, last
Including, but not limited to, the month's rent or any other charges.No
toward any payments
until ALL Tenants
will be returned
part of the deposit have vacated the Preinisesand possession of same has been fully
to owner.The deposit, refundable,
to the extent in the form of a check
will be refunded made to all
jointly payable
returned
adult Tenantswho have signed thisAgreement.
10. CONDION DF PREIisiSES: Tenant acknowledges Tenant
of the time of taking occupancy,
that. as has examined the
Premises and accepts the Premises, lnduding the carpets,
drapes or blinds, endpaint.as being in good,safe and clean
condition andrepair.
Tenant agrees to: (a) Keepthe Premises in good orderand and
repair, upon terminationof the tenancy created by this
Agreement to returnthePremises In a conditionidenticalto thatexistingas of thedate of Tenant's taking occupancy,
exceptnormal wear and tear and free of all of Tenant's
personal and
property, trash, debris;(b) Immediately notify owner
of anydefects or dangerous conditions insidethe Premises orat the Complex ofwhich Tenant is aware; and Promptly
reimburse to the
to Owner the cost of any repairs Preinises, (to the extent of property owned or rented
or its furnishings by
caused
Owner), or to any other portion of the Complex, by the negligenceor misuse of Tenantor any of Tenant'sguests or
employees.
BED BUGS: Bed bugs are wingless parasiteswhich msy Iie dormant In cracks,crevices and personal belongings until a
host is presenLResident(s)have Inspected the Premises and
prior to leasing acknowledge there Is no visible evidence
of
the presence of Insects
or infestation or verminincluding Bed Bugs In thePremises. Resident(s) agree to maintain the
Premises in a manner that prevents the occurrence of an Infestationor Insectsand vermin includingBed Bugs. If
RaSIdent(S) Carrying Bed
allOW indiVldualS Or llama Buga apartment,
intO the Or haS repeated InfeStatianSthatCannOt be
traced to anothersource. such will bedeemed damage to theunit and Resident(s) will beresponsible for thecost of
treatment personal
to their apartment, beionglngs and surroundingunitsas necessary to eradicatethe infestafion.
11. PHONE yifIRING IIAINTENANGE: Owner shall provide Tenant one
with at least operationaltelephone jack and shall
maintain and repairInternaltelephone wiring. Tenant shall or cause
not install to be installedany additionaltelephone
jacks or in any manner wiring. Tenant
alter, modify, or repair the internal telephone shall be liable to Owner for any and
all
charges, damages or costsIncurred by the owner as violation of this provision.
a result of the Tenant's
12. POSSESSION: Tenant's failure to take
possession of the Ptemises on the Commencement Date shall the
not relieve
Tenant of Its obligation to pay
rent hereunder. Premises
If Owner fails to deliver the on the Commencement Date, Tenant
may terminatethis Agreement.
13. INSPECTION: (a) Tenantagrees inay enter the Premises,
that Owner or Its agents of an emergency,
in the event or to
make repairsor Improvements, supply agreed services,or show the Premises to prospective Tenants or purchasers.
Reasonable in an emergency.
notice of intent to enter will be given, except (b) Tenant shall not be entitled to terminate
this
Agrsemsnt, reduce the rent,or make any claim againstOwner as a resultof any entty by Owner or OwneVs agents
pursuant to the provisions of this paragraph.
14. ASBESTOS AND LEAD ADVISORY: Sprain materialapplied tothe ceilings,certain I'urnaceduct Insulation,
drywall surfacingcompounds, vinylfloorcoverings and associated glues,linoleum backing, certainlightfixture
insulator
disks, and on the
roofing materials Premises are known or presumed to containasbestos. exterior painted
All Interior and
surfacesare presumed to contain lead containing paint,due to the age of the Buildings. Landlord has established
courtesiesgoverning the manner in which alterations
and renovations are to be undertaken regarding these building
materials.These rules are set forth in the
attached ResMent Courtesies and Rules. Tenant shall comply with all such
courtesiesestablished by Owner. Such courtesies may be modified from time to time by Landlord.If any governmental
entitypromulgates or revises a statute,ordinance, code or regulation,or imposes mandatory or voluntarycontrolsor
or
guidelines, electsto make such alterationsorremove such asbestos or leadcontaining materials.such compliance or
the making or the
of alterations removal of ail or a asbestoid/or
portion of such lead-containing whether
materials, in
the premises or elsewhere in the (a) entitle Tenant
Building. shall not, in any event, to any damages, (b) relieve Tenantof
the obligation to pay any sums
due hereunder, or be construed
(c) constitute as constructiveor other eviction of Tenant.
or
d5
8:68 6I:TT %1-BT-98
Seacliff
or be construed
(d) constitute as a breach of Tenant'squiet enjoyment.
15. MoLp NOTIFlcATION: Tenant ls hereby giaw if the
notiiled that mold can Premises arenot properly maintained or
If moisture
ventilated. is allowedto accumulate in theunit,itcan cause mildew and mold to grow. Itis Importantthat
Tenant in the
regularly allow. air to circulate apartment. important that
It Is also Tenant keep the interior of lhe unit ciean
and that they properly notify lhe Owner of any leaks,
moistureproblems, and/or mold growth.
As of the commencement of Tenant's occupancy, Owner knows of no damp or wet building materialsor any mold or
mildew contamination. Owner and Tenant thereforeagree thatinthe event moid ormildew grows and becomes presentin
the Premises, that such
it will be presumed growth or presence neglect
is a result of Tenant(s) or negligence.Any failure
by Tenant(s) 15 shall be deemed
to comply with the provisions of this Section a materialbreach of this Agreement.Tenant
agrees tomaintain the Premises ina manner that prevents the occurrence of infestatlonof mold or mildew In the
Premises. Tenant agrees to uphold this responsibility In part by cOrnplying with the following list of responsibilities:
(a) Tenant agrees to keep of indoor humidity.
harbor mold and to Hinit the sources
the unit free of dirt and debris that can
(b) Tenant agrees to immediately reporttoowner any water such
intrusion, as plumbing leaks,drips,or "sweating" pipes,
or waUs.
(c) Tenant agrees to notily Owner of overflows from bathrcem. in cases
kitchen, or unit laundry facilities, especially where
the overflow may have permeated the walls or cabinets.
(d) Tenant agrees to conduct of the Premises
a monthly visual inspection for the presenceof mold growth and to report to
inside
the Owner any significant mold growth on the surfaces the Premises.
(e) Tenant agrees to allow the owner to enter the unit to make
necessary repairs.
(f) Tenant undeiatands that and
air circulation temperature arethe most in avoiding
Important factors mold and mildew
and wiUcirculatefleshairand keep a temperature
satisfactory Inthe Tenant'sapartment.
(g) Tenant agrees to use bathroom fans (alsoto open any Interior bathroomwindow) while showering or bathingand
report to Owner any non-working fan.
(h) Tenant agrees to useexhaust fans whenever cooking, dishwashingor cleaning.
(i) Tenant agrees to use allreasonable care todose windows
ail and other openings in thePremises to preventoutdoor
water from penetratinginto the Interior unit.
Tenant agrees to dean and dry any visible moistureon windows, wall, and olher surfaces,including sinks,
toilets,
(j)
showers, bathtubs, countertops,and tile and including personal
linoleum floors, and property, assoon as reasonably
possible.Most mold can be deaned using water and detergent or bleach.drying the surface COmpletely afieiward.
(Note: Mold can grow on damp surfaces within 24 to 48 hours.)
(k) Tenantagrees to notify the owner of any problems systems
with the air conditioning or heating that arediscovered by
the Tenant.
(I)In theevent Tenant has knowledge of or reasonably believesthat theremay be mold insidethe Premises, Tenant
agrees. upon demand of Owner, to temporarilyvacate the Premises for a reasonable period,to allow for mold
Investigationand remediaUon to Premises.
to control water intrusion, or to allow other repairs Tenant agrees to comply
with sainstiucaons and requirements necessary to preparePremises to control water intrusion, mold growth, or other
work or to accommodate mold Investigationand ramedlaUon, including storage,cleaning,removal or replacement at
Tenant's expense of contaminated or potentially contaminated
personalproperty.
(m)Tenant agrees to indemnify and hold harmless the Owner and itsagents. employees, partners. oNicers,from any
actions,claims, losses,damages, and expenses, Including, but not Umited to, attorneys'ees
that the Owner and/or its
agents, employees, partners, may sustain
officers or Incur as Of the Tenant
a result of the negligence or any guest or
other person or using the Premises.
living in, occupying.
(n) Tenant agrees to not bringany personalproperty into theunit thai
may contain mold, especiagy softpossessions"
suchas sofas, mattresses,and pUlows.
(o) Tenant agrees or storage
not to over fillclosets areas to allow for circulation of air. Tenant
agrees to place furniture in a
manner that allowsairtocirculatetothe wallsand floors.
16. PROPOSITION 65 WARNING: In accordance 65 you are
with Proposition advised;
WARNING. The Premises contain asbestos and arepresumed to containlead,which are substances known to the State
to cause
of California cancer. harin.
or other reproductive
birth defects. More Information on Specific exposureshes been
provided to tenantsand is available at www.prop65apt.org.
17. A68IGNMENT OR SUBLETTING: Tenant or sublet
shall not assign aU or any portion of the Premises.
18. QUIET ENJOYMENT: Tenant shaU of the Premises,
be entitled to quiet enjoyment as guaranteed by and between aU
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Seaclift
residents of the complex to each other. Neither Tenant nor Tenant's guests shall annoy, harass, endanger or
Inconvenience any other Tenant of the Complex,or createa nuisance. Tenant is at all times
responsiblefor the conductof
Tenant'sguests whHe at the Premises or in and about the Coinplex.
19. HOUSE AND POOL RULES: Tenants and their guestsshaH abide by aH rulesimposed by Owner before and after the
execution hereof including but not limited to rules
respectingnoise,disposal of refuse.pets,parking, window coverings,
and the use of the Complex.
20. PARKING: Tenant may use designated parking spaces only for theparking of motor vehicles,
Including automobHes,
motarcyciesand but excluding
pick-up trucks, of any 'kind, mabge
trailers homes, campers, recreationalvehicles,buses,
and trucks largerthan thr~uarter tan. Further,such vehicles shaH not be washed (except in designated areas),
or
rnalntained, disassembled on the Complex grounds; vioiataraWill be subject to towing. Inoperative,disabled or
unregisteredvehiclesshaH not bestored in such parking spaces,or elsewhere on the Complex grounds. Visitor parking
cannot be for marethan 24 continuous hours, and is strictly limited to designated
visitor paridngspaces; viotatars
wgl be
subjectto towing.
21. ALTERATION OF PREMISES: Tenant shall make or do
no alteratians any painting or decoratingwithout the prior
written COnsent of Owner. No foil, posler
device, or displayshallbe affixed to anydoor, window, or exterior well that
is
visible from outSideaf thePremises. All costsassociated unauthorized
with restoring alteratiansor Improvements to the
original condition will be. paid by the Tenant.
Owner must be furnished with duplicatekeys for ail locks existing or installed
In the Premises.
22. PATIOS AND SALCONIESi af the
All portions Pisenises visible from the
common areas of theComplex sheH be
maintained in edean, neat and orderly manner by Tenant. Patios end balconies shag not be use
Preview
Mark K. Oto, Esq. ¹100058 255 North Market Suite 285 Street FH AN1 KD ATEO COUNTY San Jose, California 95110 Telephone: (408) 283-0220 J 27 2014 4 Cl ot up Court Attorney for Plaintiff SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 CIVILDIVISION, SOUTHERN BRANCH 12 Monroe Kenneth Wingate, Meislin, No. GL J209746 .13 dba Seacliff Apartments, 14 Plaintiff, 15 vs. COMPLAINTFOR UNLAWFUL DETAINER 16 (DOES NOT EXCEED $ 10,000; LIMITEDCIVILCASE) 17 Sabrina Boothe, and Does 1-10 inclusive, 18 Defendants/ 19 20 Plaintiff, Monroe Wingate, Kenneth Meislin, dba Seacliff Apartments, (hereinafter 21 referred to as "PlaintifF', alleges as follows: Plaintiff is, and at all times herein mentioned was, an individual over the age of 23 eighteen (18) years. Plaintiff, at all times relevant herein, has conducted business under the 24 fictitious business name of Seacliff Apartments and has complied with all applicable fictitious 25 business name requirements. 26 27 2. Plaintiff is the owner of the property, possession of which is sought in this 28 action. COMPLAINT FOR UNLAWFUL DETAINER 3. Plaintiffis ignorant of the true names and capacities of all Doe Defendants set forth in the caption herein, and therefore sues these Defendants by such fictitious names. Plaintiffprays leave to amend this Complaint to allege their true names and capacities when the same have been ascertained. 4. Plaintiff is informed and believes, and based thereon alleges that, at all times herein mentioned each of the Defendants sued herein was the agent of each of the remaining Defendants, and was, at all times, acting within the purpose and scope of such agency. 5. Plaintiff is informed and believes, and based thereon alleges that, all Does 10 11 names in the caption herein, are unlawfully in possession of the Premises, as more particularly 12 alleged herein below. 13 6. On or about April 23, 2014, Plaintiff, through PlaintifFs agent, leased to 14 Defendants, Sabrina Boothe, and each of them, certain premises commonly known as 306 15 Palmetto Avenue, Unit ¹117, Pacifica, CA 94044, San Mateo County (hereinafter "Premises" ), 16 under a lease in writing (hereinafter "Lease Agreement" ). A true and correct copy of said 17 Lease Agreement is attached hereto as Exhibit "A"and incorporated herein by this reference. 18 19 7. Defendants, and each of them, entered into possession of the Premises prior to 20 the date set forth in the preceding paragraph and continues to occupy said Premises. 21 8. Plaintiffhas performed all of the terms and conditions of the Lease Agreement 22 on Plaintiff's part to be performed. 23 9. By the terms of said Lease Agreement, Defendants, and each of them, were 24 required to pay Plaintiff $ 1,542.00 per month Rent for the use of said Premises, payable in 25 advance on the first (1") day of each and every month throughout the term of the Lease 26 Agreement. 27 28 COMPLAINT FOR UNLAWFUL DETAINER 10. Defendants, and each of them, have failed to pay the full rental amount due and owing for the Premises, and there is now due, owing and unpaid for Rent under and pursuant to said Lease Agreement in the sum of $ 1,542.00 for the period through and including June 2014. 11. On June 6, 2014, Plaintiff, in compliance with Code of Civil Procedure Section 6 1161(2), caused to be served on Defendants, and each of them, a written notice (hereinafter 7 "Notice to Pay Rent or Quit") stating the amount of Rent then due and requiring Defendants, 8 and each of them, to pay the full amount thereof, or to deliver up possession of said Premises 9 within three (3) days after service of said Notice to Pay Rent or Quit. Said Notice to Pay Rent 10 11 or Quit declared an election for forfeiture of the Lease Agreement. A true and correct copy of 12 said Notice to Pay Rent or Quit is attached hereto as Exhibit "B" and incorporated herein by 13 this reference. A true and correct copy of the proof of service for the Notice to Pay Rent or 14 Quit is attached hereto as Exhibit "C" and incorporated herein by this reference. 15 12. More than three (3) days have elapsed since said Notice to Pay Rent or Quit, as 16 referred to above, was served on Defendants, and each of them, and Defendants, and each of 17 them, have failed to pay said Rent or deliver up possession of said Premises. Plaintiff is 18 19 entitled to immediate possession of the Premises. 20 13. Defendants, and each of them, continue in possession of said Premises, without 21 PlaintifF s permission or consent and contrary to the terms of said Lease Agreement. 14. The reasonable rental value of the Premises is $ 51.40 per day, and Plaintiff is 23 entitled to damages in that amount &om and after the expiration of the Notice to pay Rent or 24 Quit, as referred to above, for Defendants, and each their, continued possession of the 25 Premises. 26 27 WHEREFORE, Plaintiffprays for judgment against Defendants, and each of them, as 28 follows: 1. For immediate restitution of said Premises; COMPLAINT FOR UNLAWFUL DETAINER 2. For a declaration that the Lease Agreement has been forfeited; 3. For the Rent of said Premises now due, owing and unpaid, as more particularly set forth above; 4. For damages for the unlawful detention of the Premises in the amount of $ 51.40 per day from and after the expiration of the Notice to Pay Rent or Quit period, as set forth above; 5. For costs of suit and interest according to proof; and 6. For such other and further relief as the Court deems just and proper. 10 11 Dated: June 26, 2014 12 MARKK. OTO .13 Attorney for Plaintiff 14 15 16 17 18 19 20 21 23 24 25 26 27 28 COMPLAINT FOR UNLAWFUL DETAINER VERIFICATION I, Mark K. Oto, declare: I am an attorney at law duly admitted and licensed to practice law before all courts of this State and I have my professional office at 255 North Market Street, Suite 285, San Jose, California 95110. I am the attorney of record in the above-entitled matter. At the time of the signing of this Complaint, Plaintiff (or its authorized agent) was outside the County of my law practice and was unable to execute this Verification and for that 10 reason, I am executing the same. 11 I have read the foregoing COMPLAINT FOR UNLAWFUL DETAINER, and I am 12 informed and believe that the matters stated therein are true, and on that ground, I allege that .13 the matters stated therein are true. 14 15 I declare under penalty of perjury that the foregoing is true and correct, and that this 16 declaration was executed on this 26th day of June 2014 at San Jose, California. 17 18 Mark K. Oto 19 20 21 22 23 24 25 26 27 28 COMPLAINT FOR UNLAWFUL DETAINER Seacliff AGREEINENT TO RENT OR LEASE PARTIES: This agreement is made and entered of Aorll 23. 2014, into as by and between Seacliff hereinafter referred toas "Owner and Sabrina Soothe hereinafterreferred to as "Tenant(s)". PREMISES: Subject to termsand conditionsset forth below.Owner hereby rents to Tenant those certainPremises described Premises as are ~a located portion at 300 of that Pahnetto certain Avenue. Pectftce. building or complexof buildings atter California, herein commonly referred known as to as the "Premises Seacliff Aoartmenta ". The (the "Complex ). Tenant shall have the right to usein common with othe'r tenants of the Complex such cominon areas as Owner may designate in writing flem time to time. TERM: The term hereofshall commence on Mev 1. 2014, and unless sooner terminated as hereinprovided, continue (check one of the following alternatives): IQ for a period of 12 months. thereafterexpiring on April $ 0. 2018. 0 On a month-to-month basis (MONTH-TO-MONTHLEASE). HOLDING OVER: Any holding over thereaRer with Owner's termination of this Agreement, consent,shall be construed as a month-to-month tenancy in accordance with the terms hereof, as applicable. RENT: in advance Rent shall be $ 1 642 00 per month, payable upon the first day of each calendar month. If rent is not QwneVs Initial: Payment ~ paid on the first day of the month, Tenant ..i 0.0;i; must be made Tenant's ~ tf e.e;': Initials: delinquent In payment will be considered to Seacliff at lhe following address: of rent andIn default. 300 Palmetto Avenue. Paclfica. CA 94044 Telephone number for the aboveaddress. I6SD) 358-1049 Payments made In perSOn Shallbe delivered to Seacliff Aaartments leasingoffice onthe days and between thehours indicatedbelow. Mon-Sat 94t. Sun 11<. Acceptable methods of payment are:personal check,cashiers check or money order. at said location for your convenience. in There is a 24 hour drop box available LATE pATMENTs - DtsHQNoRED cHEGKs: ln the event that rent is not paid by the 5th day of the month, a late fee In the event that a Tenant's of $ 50.00 will ba assessed. check Is dishonoredor returned by the bank,a $ 20.00 fee will be assessed. Delinquentrent and fees must be paid with a cashier'scheck or money order only.All latefees snd check Charges are to be d'cerned rent owed. additional Furtherinore,Tenant agrees that after the second returned or dishonored check. all future paymentsmust be paid with a cashier's check or money order only. Ir owneragrees to accept rent paid not waive Owner's late, this does future late payments, right to not accept and there period shall be no grace Implied in this Agreement All rent payments made alter the service of aThree Day Notice muSt be paid by cashleVs check or money OwnsVs ~i~ Initial: s.o. 'g USE AND OCCUPANCY: Tenant's The Premises ~ order and are to be paid at the Complex management Initials: are oflice. , s.e.:, to be used only asa private residencefor not more thanf occupants and for no otherpurpose without priorwrittenconsent of the owner. occupancy by guests stayingmore than ten (10)days without the writtenconsent of the Owner shall be considered ~areach of the paragraph entitled"Assignment and Subletting" below. UTIUTIES: Tenant shallbe responsible for all utilities and agrees to make payments for same, including anyand all depositsrequired for said utisties. except the following which shall be paid by the owner: f5'. Owner liable to shall not be Tenant, and Tenant hereby waives any claimsagainst Owner, for any damages resulting from the failure or interruption of caused utilities, unless of the Owner, by willful misconduct S. SECURffY DEPOSIT: of this agreement, Concurrently with the execution Tenant shall depositwith Owner the sum of 32.550.00 to be held as securityfor Tenant'sfaithful performanceof terms of this Agreement. Upon termination of this Agreement and Tenant's vacationof the Premises, Owner may retainainounts from the Deposit thatare reasonably necessary.'a) to remedy Tenant defaults hereunder, including,but not limitedto,present and future defaultsin the payment of rent, late charges,check charges,attorney'sfees and costs,(b) to cleanthe carpets,window coverings, and Interior of the Premises . and (c) to paint andrepair thePremises, or to restore,replaceor returnpersonal property or appurtenances, in order damages to correct beyond normal wear and tear.Cleaning or repair work done by theTenant upon vacating the Premises must be done to OwneCs satisfaction. 0NI :IIJ 6%:TT %X-8T-98 Exhibit ~ sloe $ X%FJ Seacliff portion of the If all or any Tenant's securitydeposit as appliedby the Owner during theterm of this Agreement to make repairsto thePremises Owner may demand thatTenant replenishthe amount full so applied.Tenant's failure necesSary . toreplenish such amount within five (5) daysafterwritten demand by owner a will constitute materialbreach of this Agreement. owner's written demand forreplenishment willincludean itemizedstatement describingthe or the disposition security deposit. after 30 days'rior Owner may Increase written notice to the Tenant, At any time during the term of this Agreement, and by law.Tenant'sfailuretodepositsuch increasein accordance with the security deposit to the maximum amountpermitted OwneVs notice a will constitute breach afthisAgreement. The securitydeposit isnot to be applied by theTenant major rental or charges due, last Including, but not limited to, the month's rent or any other charges.No toward any payments until ALL Tenants will be returned part of the deposit have vacated the Preinisesand possession of same has been fully to owner.The deposit, refundable, to the extent in the form of a check will be refunded made to all jointly payable returned adult Tenantswho have signed thisAgreement. 10. CONDION DF PREIisiSES: Tenant acknowledges Tenant of the time of taking occupancy, that. as has examined the Premises and accepts the Premises, lnduding the carpets, drapes or blinds, endpaint.as being in good,safe and clean condition andrepair. Tenant agrees to: (a) Keepthe Premises in good orderand and repair, upon terminationof the tenancy created by this Agreement to returnthePremises In a conditionidenticalto thatexistingas of thedate of Tenant's taking occupancy, exceptnormal wear and tear and free of all of Tenant's personal and property, trash, debris;(b) Immediately notify owner of anydefects or dangerous conditions insidethe Premises orat the Complex ofwhich Tenant is aware; and Promptly reimburse to the to Owner the cost of any repairs Preinises, (to the extent of property owned or rented or its furnishings by caused Owner), or to any other portion of the Complex, by the negligenceor misuse of Tenantor any of Tenant'sguests or employees. BED BUGS: Bed bugs are wingless parasiteswhich msy Iie dormant In cracks,crevices and personal belongings until a host is presenLResident(s)have Inspected the Premises and prior to leasing acknowledge there Is no visible evidence of the presence of Insects or infestation or verminincluding Bed Bugs In thePremises. Resident(s) agree to maintain the Premises in a manner that prevents the occurrence of an Infestationor Insectsand vermin includingBed Bugs. If RaSIdent(S) Carrying Bed allOW indiVldualS Or llama Buga apartment, intO the Or haS repeated InfeStatianSthatCannOt be traced to anothersource. such will bedeemed damage to theunit and Resident(s) will beresponsible for thecost of treatment personal to their apartment, beionglngs and surroundingunitsas necessary to eradicatethe infestafion. 11. PHONE yifIRING IIAINTENANGE: Owner shall provide Tenant one with at least operationaltelephone jack and shall maintain and repairInternaltelephone wiring. Tenant shall or cause not install to be installedany additionaltelephone jacks or in any manner wiring. Tenant alter, modify, or repair the internal telephone shall be liable to Owner for any and all charges, damages or costsIncurred by the owner as violation of this provision. a result of the Tenant's 12. POSSESSION: Tenant's failure to take possession of the Ptemises on the Commencement Date shall the not relieve Tenant of Its obligation to pay rent hereunder. Premises If Owner fails to deliver the on the Commencement Date, Tenant may terminatethis Agreement. 13. INSPECTION: (a) Tenantagrees inay enter the Premises, that Owner or Its agents of an emergency, in the event or to make repairsor Improvements, supply agreed services,or show the Premises to prospective Tenants or purchasers. Reasonable in an emergency. notice of intent to enter will be given, except (b) Tenant shall not be entitled to terminate this Agrsemsnt, reduce the rent,or make any claim againstOwner as a resultof any entty by Owner or OwneVs agents pursuant to the provisions of this paragraph. 14. ASBESTOS AND LEAD ADVISORY: Sprain materialapplied tothe ceilings,certain I'urnaceduct Insulation, drywall surfacingcompounds, vinylfloorcoverings and associated glues,linoleum backing, certainlightfixture insulator disks, and on the roofing materials Premises are known or presumed to containasbestos. exterior painted All Interior and surfacesare presumed to contain lead containing paint,due to the age of the Buildings. Landlord has established courtesiesgoverning the manner in which alterations and renovations are to be undertaken regarding these building materials.These rules are set forth in the attached ResMent Courtesies and Rules. Tenant shall comply with all such courtesiesestablished by Owner. Such courtesies may be modified from time to time by Landlord.If any governmental entitypromulgates or revises a statute,ordinance, code or regulation,or imposes mandatory or voluntarycontrolsor or guidelines, electsto make such alterationsorremove such asbestos or leadcontaining materials.such compliance or the making or the of alterations removal of ail or a asbestoid/or portion of such lead-containing whether materials, in the premises or elsewhere in the (a) entitle Tenant Building. shall not, in any event, to any damages, (b) relieve Tenantof the obligation to pay any sums due hereunder, or be construed (c) constitute as constructiveor other eviction of Tenant. or d5 8:68 6I:TT %1-BT-98 Seacliff or be construed (d) constitute as a breach of Tenant'squiet enjoyment. 15. MoLp NOTIFlcATION: Tenant ls hereby giaw if the notiiled that mold can Premises arenot properly maintained or If moisture ventilated. is allowedto accumulate in theunit,itcan cause mildew and mold to grow. Itis Importantthat Tenant in the regularly allow. air to circulate apartment. important that It Is also Tenant keep the interior of lhe unit ciean and that they properly notify lhe Owner of any leaks, moistureproblems, and/or mold growth. As of the commencement of Tenant's occupancy, Owner knows of no damp or wet building materialsor any mold or mildew contamination. Owner and Tenant thereforeagree thatinthe event moid ormildew grows and becomes presentin the Premises, that such it will be presumed growth or presence neglect is a result of Tenant(s) or negligence.Any failure by Tenant(s) 15 shall be deemed to comply with the provisions of this Section a materialbreach of this Agreement.Tenant agrees tomaintain the Premises ina manner that prevents the occurrence of infestatlonof mold or mildew In the Premises. Tenant agrees to uphold this responsibility In part by cOrnplying with the following list of responsibilities: (a) Tenant agrees to keep of indoor humidity. harbor mold and to Hinit the sources the unit free of dirt and debris that can (b) Tenant agrees to immediately reporttoowner any water such intrusion, as plumbing leaks,drips,or "sweating" pipes, or waUs. (c) Tenant agrees to notily Owner of overflows from bathrcem. in cases kitchen, or unit laundry facilities, especially where the overflow may have permeated the walls or cabinets. (d) Tenant agrees to conduct of the Premises a monthly visual inspection for the presenceof mold growth and to report to inside the Owner any significant mold growth on the surfaces the Premises. (e) Tenant agrees to allow the owner to enter the unit to make necessary repairs. (f) Tenant undeiatands that and air circulation temperature arethe most in avoiding Important factors mold and mildew and wiUcirculatefleshairand keep a temperature satisfactory Inthe Tenant'sapartment. (g) Tenant agrees to use bathroom fans (alsoto open any Interior bathroomwindow) while showering or bathingand report to Owner any non-working fan. (h) Tenant agrees to useexhaust fans whenever cooking, dishwashingor cleaning. (i) Tenant agrees to use allreasonable care todose windows ail and other openings in thePremises to preventoutdoor water from penetratinginto the Interior unit. Tenant agrees to dean and dry any visible moistureon windows, wall, and olher surfaces,including sinks, toilets, (j) showers, bathtubs, countertops,and tile and including personal linoleum floors, and property, assoon as reasonably possible.Most mold can be deaned using water and detergent or bleach.drying the surface COmpletely afieiward. (Note: Mold can grow on damp surfaces within 24 to 48 hours.) (k) Tenantagrees to notify the owner of any problems systems with the air conditioning or heating that arediscovered by the Tenant. (I)In theevent Tenant has knowledge of or reasonably believesthat theremay be mold insidethe Premises, Tenant agrees. upon demand of Owner, to temporarilyvacate the Premises for a reasonable period,to allow for mold Investigationand remediaUon to Premises. to control water intrusion, or to allow other repairs Tenant agrees to comply with sainstiucaons and requirements necessary to preparePremises to control water intrusion, mold growth, or other work or to accommodate mold Investigationand ramedlaUon, including storage,cleaning,removal or replacement at Tenant's expense of contaminated or potentially contaminated personalproperty. (m)Tenant agrees to indemnify and hold harmless the Owner and itsagents. employees, partners. oNicers,from any actions,claims, losses,damages, and expenses, Including, but not Umited to, attorneys'ees that the Owner and/or its agents, employees, partners, may sustain officers or Incur as Of the Tenant a result of the negligence or any guest or other person or using the Premises. living in, occupying. (n) Tenant agrees to not bringany personalproperty into theunit thai may contain mold, especiagy softpossessions" suchas sofas, mattresses,and pUlows. (o) Tenant agrees or storage not to over fillclosets areas to allow for circulation of air. Tenant agrees to place furniture in a manner that allowsairtocirculatetothe wallsand floors. 16. PROPOSITION 65 WARNING: In accordance 65 you are with Proposition advised; WARNING. The Premises contain asbestos and arepresumed to containlead,which are substances known to the State to cause of California cancer. harin. or other reproductive birth defects. More Information on Specific exposureshes been provided to tenantsand is available at www.prop65apt.org. 17. A68IGNMENT OR SUBLETTING: Tenant or sublet shall not assign aU or any portion of the Premises. 18. QUIET ENJOYMENT: Tenant shaU of the Premises, be entitled to quiet enjoyment as guaranteed by and between aU d5 6: 88 QS: T1 M-8T-98 t404J xeg Seaclift residents of the complex to each other. Neither Tenant nor Tenant's guests shall annoy, harass, endanger or Inconvenience any other Tenant of the Complex,or createa nuisance. Tenant is at all times responsiblefor the conductof Tenant'sguests whHe at the Premises or in and about the Coinplex. 19. HOUSE AND POOL RULES: Tenants and their guestsshaH abide by aH rulesimposed by Owner before and after the execution hereof including but not limited to rules respectingnoise,disposal of refuse.pets,parking, window coverings, and the use of the Complex. 20. PARKING: Tenant may use designated parking spaces only for theparking of motor vehicles, Including automobHes, motarcyciesand but excluding pick-up trucks, of any 'kind, mabge trailers homes, campers, recreationalvehicles,buses, and trucks largerthan thr~uarter tan. Further,such vehicles shaH not be washed (except in designated areas), or rnalntained, disassembled on the Complex grounds; vioiataraWill be subject to towing. Inoperative,disabled or unregisteredvehiclesshaH not bestored in such parking spaces,or elsewhere on the Complex grounds. Visitor parking cannot be for marethan 24 continuous hours, and is strictly limited to designated visitor paridngspaces; viotatars wgl be subjectto towing. 21. ALTERATION OF PREMISES: Tenant shall make or do no alteratians any painting or decoratingwithout the prior written COnsent of Owner. No foil, posler device, or displayshallbe affixed to anydoor, window, or exterior well that is visible from outSideaf thePremises. All costsassociated unauthorized with restoring alteratiansor Improvements to the original condition will be. paid by the Tenant. Owner must be furnished with duplicatekeys for ail locks existing or installed In the Premises. 22. PATIOS AND SALCONIESi af the All portions Pisenises visible from the common areas of theComplex sheH be maintained in edean, neat and orderly manner by Tenant. Patios end balconies shag not be use