Complaint Unlawful Detainer Limited Up to 10K

Cal. Super. - 6th Dist.June 8, 2018

E-FILED 6/8/2018 1:31 PM Clerk of Court Superior Court of CA, County of Santa Clara 18CV329367 Reviewed By: S. Alvarez 18CV329367 \DWQON 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TODD ROTHBARD ATTORNEY AT LAW #67351 100 Saratoga Avenue, Suite 200 Santa Clara, CA 95051 Te|.: (408)244-4200 Attorney for the Plaintiff SUPERIOR COURT FOR THE SANTA CLARA JUDICIAL DISTRICT LIMITED CIVIL JURISDICTION COUNTY OF SANTA CLARA 1 STATE OF CAUFQRNIA R. TOD SPIEKER individually and doing business as 3440 RAMONA APARTMENTS, ) ) Plaintiff, ) VS g No. DONALD KAZAK, > COMPLAINT FOR 3 UNLAWFUL DETAINER DOES I through V, inclusive ) *The total damages sought DefendanKSX ) in this case are UNDER $10,0c Plaintiff alleges: At all times herein mentioned, plaintiff was, and now is, an individual owner of real property in the State of California and located in the above entitled County and Judicial District. ll The real property owned by plaintiff, possession of which is sought in this action is situated at 3440 Ramona Street, Apartment #3, Palo Alto 94306 SANTA CLARA County, California, in the above named Judicial District. ////////// ////////// ////////// ////////// _1_ UNLAWFUL DETAINER WWQONUI-BM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The true names and capacities, whether individual corporate, associate, or otherwise, of defendant(s) herein named as DOES | through V inclusive, are unknown to plaintiff, who therefore sues said defendant(s) by such fictitious names and prays leave to amend this complaint to show the true names and capacities as they become known. IV On or about July 1, 2017 , plaintiff leased to defendant(s) the above described premises on a twelve (12) month basis pursuant to a written rental agreement. A copy of said agreement is attached hereto, marked "EXHIBIT A", and made part hereof. V By the terms of said agreement, defendant(s) were required to pay to plaintiff the sum of $2,510.00 each month as and for the rental of said premises; said sum becomes payable each month in full as of the first day of each month. VI Defendant(s) are behind in the payment of rent: $ 2,510.00 being the total rent due and unpaid as of this date. VII On June 4. 2018 , plaintiff caused to be served on defendant(s) a written notice stating the amount of rent due and requiring defendant(s) to pay the whole thereof or deliver up possession of the premises within the three days after service of the notice. A copy of said notice and a declaration of service of said notice are attached hereto, marked "EXHIBIT B" and made a part hereof. -2- UNLAWFUL DETAINER WW4QUI£UJNH NNNNNNNNNHHHHHHHHHH DouaUIAUJNHGwGOQOxUIAMNr-do VIII More than three days have elapsed since the service of said notice but no part of said rent has been paid. Defendant(s) remain in possession of said premises without plaintiff‘s consent, plaintiff is entitled to possession of said premises. IX The reasonable rental value of said premises is the sum of $8700 per day, and damages to plaintiff caused by defendant's unlawful detainer will accrue at said rate from July 1, 2018 and will continue to accrue at said rate as long as defendant(s) remain in possession. WHEREFORE, p|aintiff prays judgment as follows: 1 . For restitution of possession of said premises. 2. For unpaid rent in the total sum of$ 2,510.00 3. For damages at the rate of $ 87.00 per day from JUW 1. 2018 for each day defendant(s) continue in possession of said premises. 4- For costs herein, and for such other and further relief as to the Court may seem just. f ,5; E Er :j J; 3 .z i Dated; June 8, 2018 g U: TOD OTHB 3 Attogréy forttflEDPlaintiff UNLAWFUL DETAINER aw» CDOOQODO‘I-PCOMI-l “HHHHHp-A 1'7 18 19- 2O 2] 22 23 24 25 26 27 28 VERIFICATION I, Kimberley Fletcher, declare: I am one of the Property Managers employed by the Plaintiff in the above-entitled matter. As such, I am more familiar with the facts alleged in the above pleading than Plaintiff is and therefore make this Verification ofi Plaintiffs behalf, and am authorized t0 do so. I have read the foregoing COMPLAINT FOR UNLAWFUL DETAINER and know the contents thereof 'to be true, except as to those matters stated on information and belief, and, as to those matters, I am informed and believe that the matters stated therein are true, and, on that ground, I allege that the matters stated therein are true. I declare under penalty of perjury that the foregoing :is true and correct, and that this declaration was executed on thisE day of Jan e, 20 /5 at Palo Alto, California. %Wflm Kimberley Fletcher / COMPLAINT FOR UNLAWFUL DETAINER bfififiwflk Rental Agreement This Residential Leasa Agreement (hereinafter “Agreement” 0r “Lease") is enterad into between 3440 Ramana Ants. (hareinafier“Landlmd”) and the Following individuais, jointly and severally (hereinafter collectively “Reaident(s)”): Jlflnald Kazak, t. LEASED PREMISES: Landlord rents to Resident(s) the premises lacated at 3440 Ramona Street, Apt 3, Palo Alto 94306,Santa Clara Gaunty, Cafifarnia (hereinafter “the Premises”), which is located within the Apartment Community, commonly known as 3440 Ramona Apts. (hereinafter the “Apartment Community” m" “Propeny”} for use as a residence and for no olher purpose. Pursuant to Civil Code Section l962(a)(l) the current onsite property manager (or, alternaliwly Theresa Anderson) is authorized tomanage the Premises. The telephone number and Street address at which personal service may be affected 0n this persan is (650)8134369, 3051 Alma St, Pam Alto, CA 94306. The person designated above, so Tong as height: is emplayed at the property, is aim the person authorized by the Owner Gfthe Premises (hereinafier “0wner”) to am: Fm and on bchalf‘of'thc: Owner for the purpose of .,service of process and for 111a purpose oi’receiving and giving receipts for ail notices and demands. 2. ’J‘ERM: a. IE Fixed Tenn. This Agreement shall be for a period of appmximately 12 monthfs), commencing on G7/01a‘20] 7, and ending on 06/30/2018, untags sooner terminated as provided in this Agreement or allowed by applicable law. Any balding over by Residemfis} at the expiration ofa fixed term Agreement with the consent of Landlord shall create a tenancy from month to month, on the samc‘: tenns and cunditions set forth in this Agreement, subject to anwndment by Landford as set forth in Civil Code section 827 and terminable by either party 0n thirty days written notice in accordance with the provisions ot‘Califomia Civil Code. section W46, unless a longer notice period is required b)! applicable law. b. D ,M011th~to-Month Tenancy. The term ufthis Agraement will commence on and win continue (m a month-tmmomh basis until terminated afier either party gives thirty (30) days written notice oflhe intention lo terminate- to the ather party. 3. DELAY OF POSSESSION: Residenl(s) understand that, far reasons Beyond the. central of’Landlord, Landlord may not be able t0 provide occupancy to Resident(s) on the commencement date if; for example, a former tenant UfIhu Premises who has given notice lo leave canceis the notice or fails to leave by the scheduled date. If; for any reason, Landlord is unabie to provide occupancy to Residenfls} by the scheduled commencement date, Residenflis)’ remedy in this event shalt be limited to termination ofthis Agreenwnt and Residentflfl shall be entitled t0 a prompt refund ofany monies paid. Landlord shalt have no liability to Residenfls) if there is a delay of possession other than promptly to refund any monies paid. 4. RENT: a. Residentfi‘s) shall pay to Landlord, as rent, for tha Premises, 111a sum of52,510.00 each munth. The name, telephone number and address ofthe person Lu whom rent payments shit]! be delivered 1‘s Theresa Anderson, (650) 313-1369, 3051 Alma St, Palo Alto, CA 94366. b. Except as otherwise provided in this Agreement, said sum shaft be paid in full, in advance, on (2r bafore the first day of” each month in the form ofpersonal check, cashier's chack or money order. CASI’I IS NOT ACCEPTED. 1f Resident(s) make any payment by check, it may be converted into elecn'cmic funds transfer (EFT). This means we will copy your check rand use the account inlbmmtion on it to electronically debit your account for the amount ofthe check. The debit from your account will usually nccur within 24 110nm, and will be, shown 0n your regular account statesmnt. You witl not receive your nriginal processed check back. We will destroy your original check, but we will keep the copy of i1. If the EP’I‘ cannot be processed for technical reasans, you authorize- us to process the copy in place m‘your original check. lf‘the EFT cannot be cczmpleted because of insufficient funds, Landlord will require payment in cenified funds pursuant t0 the provisions 0f this Lease; o. EFResident pays online or by direct deposit, such payment shall be deemed to come from Resident regardless oi’the source oftlte payment. Payment online or by direct deposit may be rejected or returned by, Landlord during the pendency nfany legal action, or in anticipation of legal action Failure or refixsa] by Resident to cash Landlord‘s rent refund check shall not defeat Landlord’s rejection ofthe rem being refunded. d. If in any month the rent is paid afier the tenth day ofthe month, payment mus! be in the form of cashier’s check 0r money order. Landlcmi may serve Resident(s) with a tlu‘ee-day notice tn pay rent or surrender possession cm any date afier the first day of the month. Any payment tendered following ficrvfce of a noticc to pay rent 0r quit must be in the form of a cashier’s check or money order. If any check given by a Resident(s) is, for any reason whatsoever, returned unpaid by the bank upon which it is drawn, a1] subsequent payments for the rest of Residends)’ occupancy orthe Premises (including the payment naccssaty to replace the dishonmcd check) must b6 in the fomn ofcashier’s check 0r money order unless Landlord agrecs, in writing, to waive this requirement. {t is Residenfls)’ responsibility to be cefiain that each payment is actuaHy received lay Landlord, on or before its due date. Usc: ofa rental payment drop box is fur Resident(s)’ convenience - the risk of receipt offunds by Landlord what: such box is Page I used is ReSidenKs)’, and not Landlord‘s, risk. Rental paymcnm can be made in the rental payment drop box located at 3440 Ramona Apts., 3440 Ramona 8t, Palo Alto, CA 94366, any time day or night, seven days a weak. The usual days and hours when rent payments may be made personally are: Monday through Friday, 9:00 am. to 4:00 p‘m. e. Rent tendered by a non-t‘esident will not be accepted and will b6 returned, unless Landlord has provided written authorization to Residenfls) prior to receiving rent from n nonwresident; Any rent received from a nan-resident, negardfess of authorization, shall be deemed rent tendered on behalfofthe Resident(s) Only and not on behalfof the no’n-residem, as further explained in Paragraph #9. Landlord may apply any payment made by Resident(s} to any obligaticm 0FResident(s) t0 Landlord notwithstanding any instructions 0r similar cummunications from Resident accompanying any such payment. Any attempt by Resident to allocate a payment in any other way shall be null and void, including the use or application ofa restrictive endorsemam 0r limitation on any check or other payment 5. LATE CHARGE AND NSF CHARGE: Landlord and Residentrjsj agree that when Residenfls) fail to pay rent cm time, or when Resident(s) pay rem by a check which i5 subsequently dishonored by the bank, the actual cost to Landlord is difficult 0r impossible m ascefiain, but the parties agree that Landlord does, in the event of late payment m in the event 0f a dishonored check, incur ceflain costs, such as additional boukkeeping and adminish‘ative charges, bank charges, lust opportunity costs ofthc late payment, etc. Afier making a reasonable endeavor to estimate accurately the approximate costs assuciated with such a breach, which bath parties agree is difficult 0r impossible to ascertain, the parties agree that, any time the rent fur any given month Es paid after the second day of such month, Residenfis) win in that month pay m Landtord, as additional rem due with the late payment, a late charge in the sum of“ $35.00 and fimher agree that, in the event ofa dishonured check, Resident(s) will pay’to» Landlord, as additional rent due with the payment required to replacz. the dishcnored check, a NSF f‘ec in the sum offliUD. The parties agree, that the payment ofthese sums dues not constitute a license t0 pay rent late nor dues ii constitute a license m pay by dishonored check. Rem remains due on the first day 0f the month and there is no grace period for the payment 0f rent. A threeday notice to pay rem: or quit may be served at any time affair the first day ofIhe month iwespective of zhc existence of“ the late chargas a5 set forth in this paragraph. Ifsuch notice is served after the second day of‘the month, it may include the late charge and NSF charge, if appficahle, which charges, as set fonh abuve, are payable as additional rent. 6. RENTAL PRO-RATION: Residenfis) shall pay to Landlord, before taking eccupancy ofthe Premises, one full month's rent fn‘ addition to a security deposit (see Paragraph #7). Landlord wit! prorate rem for the fallowing month and Resident(s) shall pay the amount ofSiNI'A due 0n the first day of the month ofN/A. Commencing with the succeeding month of NM, a full month’s rent shall be due each month on or before the first day ofthe‘ month as stated in Paragraph #4 above. In the event of a conflict between the amount set forth in this paragraph and the amount which 2m arithmetic computation would yield based upon, the rental rate set forth in Paragraph #4 above: divided by thirty, with the result multiplied by the number 0f days in the pro-ration pericd, flw amount determined by said arithmetic computation shall govern (La, il‘the amount set forth, in this paragraph is computed incorrectly, any such arithmetic error shall not be binding - the amount owing shall be the amount resulting from a correct arithmetic computation 0f the pro-mtion). In all instances where a pm‘ruted amount of‘rent is mmputed during this tmancy, a thirty-day month shall be assumed irrespective: of the. actual number m’days in the month for which the predation is computed. 7. SECURITY DEPOSIT: Resident(5} shall pay to Landlord, as security, the sum 0f$500.00, which sum shall not exceed the maxinulm permitted by CaliforninCivil Code Section 1950.5‘ This sum shall be applied, and accounted fur in accordance with the provisions of‘ California Civil, Code §1950.5 and any other applicable statutes. TheSecurity Deposit is not lo he used as last month’s rent. No portion ofthrs Security Deposit: shall be damned rent for any rental month. Refund ofthe Security Deposit can only be determined after the resident has physically moved out ofthe apartment Emd passession ofthe apartment turnéd, over to management. Afier move-out, an inspection will be conducted to determine the final candilion (thhe apartment. Refund ofsewrity deposit is subject to reimbursement 0f the cost ofrepairirlg any damage caused to the apartment by you, your family or your guests (normal wear and tear excepted) and any rent or other charges owed. Landlord shall not be. obligated t0 pay Resident(s) interest in C(mnection with $uch security deposit. It is understood that the security deposit i5 applicable tr) all R‘esidentijs) jointly, and Landmrd does not accuum Fur it until the passing 0F the permissible statutow period after all Residams haw: vacated the Premises. Any refund due may b3 made payable jointly to all Residentfis) and it shall be the responsibility of all Refiidenws) to work out between themselves the manner ufdividing said security deposit. Ifthe security deposit is later increased by‘ragr‘ecment ofthe parties for any reason (for example pets, satellite dishes, waterbeds, etc.) the additional security deposit wil!‘ be disbursed by Landlord in accordance with this paragraph at [he end 0f the statutory pefiud fallowing the end oi’Residentfis)’ tenancy. 8. MOVE-IN PAYMENT: Residcmw) shall pay to Landbrd, ai the time 0f movewin, the sum of$1,800.89. This amount is composed 0f the Following sums: $1,300.00 as the first month‘fi rent and may be inclusive Crf$500.0l) as. the security deposit (see Paragraph #‘F above). Landlord requires that all sums due at movu-in be paid in the form ofcashier's check or money order. 9. OCCUPANCY: The Premises shall be. Gccupifid nnly by the folfowing pcrsans: Name: Donald Kayak Date ofBirth: 05/11/1947 Name: , , Date ofBirth: N31113: Date of Birth: Name: Date of Birth: W Name: ____W A MW Date of Birth: __,~-,W,W,~_~Name: Date oi’Birth: ,w, Pugc Z Name: Date of Birth: ___ ,Name: Date of Birth: Name: Date of Birth: “A aw occupants 0F the Premises l8 years ofage or cider must sign this Agreement, No othar persons have permission to occupy the Premises unless such permission is in writing and signed by Landlord or its authnrized agent, after a request for such pennission is submitted by Residenws) in writing. Ifa change in occupants is reviewed and approved by Landlord, all new household members 18 years of age or cider must sign this Agreement or an addendum binding them lo this Agreement. Landlord’s. acceptance ofrent fi'om arty uther individual shall be deemed to be the payment ofrent on behalfofr’he Residenflfs) named above and shall not constitute permission for the person making the payment to occupy the Premises. Should any person not named above make any claim tn right ofpossession ofthe Premises, any such person shall be deemed to be the guest or invites ofthe named Residenfls) and their claim to right ofpossessiun shall be denied. Any person named above in this Paragraph #9 who is not alsn named alums, as a Resident andior' who is not a signatory to this Agreement shall be deemed to be invitees of’the named ResidenflSJ, who are signatories to this; Agreement. Accordingly, if any such individual is not named In any unlawful detainer action w regain posscssion ofrha Premises. and ii’any such individual thercal‘ter makcs a claim to right ot‘p055essiun offhe Premises, that claim shall be denied on the bash; that said individual is 11w invitee ol’lhe named Residenfls) and does not have an independent claim m right of possession offlie Premises. ID. UTILITIES: Payment 0nt! utilities charges shall be the responsibility of Resident(s), beginning on the date ofdelivery' of posscsmcm until Landlord reacquires possession ofthe apartment, with the exceptinn ofNouc, which shall be paid by Landlord. With respect to the utilities charges listed above to be paid by Landlord. Residenl(sj shall n'ot make excessive m" unreasonable use of such utilities. If Resident(s) do make excessive 0r unreasonable use ofsuch utilities, Landlord may bi” ResidenK‘s} for such excessive or unreasonable use and said billing shall become due and payable, in full, as additional rent together with the regular monthly rental payment 0n the first day ofthe month next Following the: date of such billing. In the event ofa dispute as to any such charges, Resident(s) shall pay the disputed amount as required, but may file a Small Claims Court action for a refund and, ifsuch Court determines that the amount charged by Landlord is exaessive, Landtord shall promptly refund any such overcharge. If Residenlts) fail to pay any utility charges that are to be paid by Residenus}, Landlmd may, at its option, pay such charges to retain continuing utilities service, lf'Lnndlord does 30, any such charges may be billed to Rcsidentfi) by Landtord and said billing Shall become due and payable, in full, as additional rem together with the regular monthly rcntal payment 0n the first day ofthe month next following the date nl‘such billing. l l. JOINT AND SEVERAL LIABILITY AND AUTHORITY: AH persons signing this Agreement as Residanfis) shall remain jointly and severally liable For all obligations ariSing under 5L, whether or not they remain in actual possession of‘ the Premises. The giving by any: individual Resident ofa nntice oftermination oftenancy shall not terminate the Agreement as to that Resident unless all Residents vacate the Premises by the agraed date. Landlord may, however, treat any such notice as a notice binding against all Resident(s) of’the Premises, and may institute unlawful detaincr proceedings against all Resident(s) iFlhey do not restore posseSsion ol‘the Premises m Landlord cm or before the end 0F the notice period. Conversely, Landlord may, at its sole option, ii‘une or more Residenfls) give notice but all Residents do not return possessitm of the Premises to Landlmd within the notice period, continue the tenancy in effect and, if Landlord docs so, all Residenqs), including the Residentts) giving notice, shall remain fulty liable) for all obligations arising lwreundar Whether 0r not they rmnain in, occupancy ofthe Premises 12. NOTICES: The. address of the Premises listed in Paragraph #1 shall be the only Resideutfs) address recognized by the Landlord for delivery of all notices relating to tenancy Any notice that Landlord gives to Resident(s) shall be deemed properly served (Whether 0r not actuafiy received by Residenfisj) it‘served in the manner prescribed in Code ofCivil Procedure Section I [62L Except {w prohibited by law, if“ Landlord fails to serve the notice. in accnrdzmcc with the provisions oande t‘JFCivil Procedure section I 162, but Residentts) actuaily receive the notice, the actual receipt shall be deemed t0 cum any defects in the mammr of service and the notice shall be deemed properly and personally served. Service upon any ofthe Residents; o‘f the Premises shall be deemed valid sewice upon a1} Residenfis) ~ it is not necessary individually to serve each Resident unless otherwise required by law. Any notice required by this Agreement to ha provided m Landlord from Resident(s) shall be in writing and delivered r’o the perstm named in Section l either in person 0r by US. Mail to the address provided. Notices from Residentfifl include‘, but are not limited t0 30-day notices to vacate, or written requests Fm changes in tenancy. 13. ACCESS TO PREMISES: "I‘he panics agrae that upon advance reasonabre written notice m Residentfs), unless; otherwise agmed to by Residentfis), Landlord Shall have the right to enter the Premises during normal business hours For the purpose ofta) making desired, newssary or agreed repairs, decorations, alterations, improvements, renovaticns, or pest control treatment lo the Premises, Lu an adj accnt apamnem or for the benefit of‘the buildingin which tbs Premises i5 located; (b) supplying necessary 0r agreed services; (c) showing the apartment to prospective or actual purchasers, mortgagees, tenants, workmen 0r contractors; or (d) for any other purposes pennined by California Civil Code {$1954 (and any other applicable statutes (21' amendments which might be enacted subsequent m the execution of this Agreement). The parties hereby agree that twcnty-Four (24) huurs notice is presumed reasonable, although both acknnwledge that a shorter Lime period may alga he reasonable, under the circumstances. In the case of rm emergency or Rasidenfls)’ abandonment or surrender 0F the Premises, Landlord (1r its agent may enter tlm Premises at any Lime without first securing Residenfs prior permission. Residcnfis) agree £0 permit Landford access 1c) the Premises in accordance with this Paragraph # 13. Resident{s} agree that if they deny Landlord access m the Premises when Landlord is in compliance with statutory requirements Page 3 and entitled m access, anysuch denial ofaccess shall be deemed a material and incumbfe breach ofmis Agreementand shall entitleLandlord to serve Residen1(s) with a threc-day notice terminating the tcnancy, M. MISSTATEMENTS ON APPLICATION: Resident{s) have completed an, application in connectiun with securing thisAgreement, Landlord has relied upon the statements set forth in said applicatiun in deciding to rent the Premises to Residenfis). It isagreed that, if Landlord subsequently discovers any mimatcmems of fact in the Resident{s)’ application, any such misstatementsshall be deemed a material and incurable breach 0f this Agreement and shall entitle! Landlord to Serve Residenfis) with a threeedaynotice terminating thu tenancy. I5. CREDIT REPORT: As required by law, Residentfs) is hereby notified that a negative credit report reflecting cm Resident'scredit history may ha submitted t0 a credit reporting agency ifResident(s) Fail w fulfill tlm terms of‘ its credit obligations by failingto pay rent on time. l6. USE OF PREMISES: Resident(s) agree that the: Premises are rented far residentfaf, use mfly. Resident(s) shall nor use thePremises as a business address, nor shall" Residentw) conduct any business activities on the Premises. Conducting business activitiesincludes, without limitation, using the, Premises as a mailing address for a business enterprfse, having a business telephone lina in thePremises, having business clients meet with Residenus} at the Premises, having business stationery Setting fmh thy: address ofi'hePremises a5 a business addreSS, assembling or manufacturing any pruduct upon the Premises, or otherwise holding out the Premises:as the address of any business. Residéntm agree m): to permit the Premises to be used for any illegal purpose, nor to engage in anyiltegal acts upon the Premises or upon the grounds at‘the Apartment Community Residends) agree. not to have any illegal narcotics;in the Premises or (m the grounds af‘the Apartment Community. Residenufs} agree to reimburse and indemnify Landlord for all finesor otlwr penalties incurred by Landlord as a result of‘the violation ofany statute, ordinance, regulation 0r other governmentalrestricticn by ResidentCs), their guests or invitees. ResidenL(s_) further agree. not m harass, annoy or endanger any other Resident 0fthe Apartment Community or their guests or create any nuisance i'n thc Apartment Community. Residenus) agree not r’o do or permitanything to bf: done in the Premises that may- be deemed hazarduus or that will cause a canceliation ofor an increase in thepremiums for any insurance for the Apartment Community. Resident(s) agree not to deface 0r damage any part ofthe Premises orthe Apartment Community or pemm the Same lo be done 0r keflp in the Premises any flammable or explosive materials or anysubstance considered dangerous, hazardous or toxic under any governmental [aw or regulation. Residem may not aiter landscaping,or engage in “personal agriculture” on the Premises without the Landlord’s prior written permission. Any violation oFthis provisionshall he daemed a material and incurable breach ofthis Agreement and shall entitle Landlord tn serve Resident(s) with a three-daynotice terminating the tenancy. Nothing set forth in this paragraph shall be deemed as disallowingrany use of the Premises thatcannot legally be prohibited 17. PATIOS AND BALCONIES: Resident(s} shall not use patios and balconies far cooking, hanging, or drying clothing articles, orany article deemed unreasonable, (11' nut in keeping with the building decor, nor shall the tenant store anything on the patio orbalcony other than patin furniture except as provided below. Management has sole discretion in detarmining the reasonableness 0Fany item. Al! areas of the Premisas that are visible From common areas shall be maintained in a neat and orderly manner. Enclased private patios and enclosed private balconies may be used For drying (Wciothes or other laundry only in accordance withthe fellowing conditions: Iv No more than two drying linasfmcks may be in uSe at any one time.I Items may not be lefi on the drying linesfracks for more than 24 Emurs (i.e., all items must be removed within 24 hours ofbeing put nut on the drying linewr'acks). o Drying fines or racks must be free standing” « No drying fines or racks may be afiached or affixed in any manner to any portion of the building, fence, miting, wall,building support structure, or light fixtures. o Drying lines/racks cannot. be higher than the patio, balcony, or deck Fence or railing.v Drying lines/racks cannot be cleafly visible frum the sidewalk or streeto Drying lincsfmcks cannot black entrance m 0r egress from the apartment, creme a health or safety hazard Gr interfere withwalkways cw utility scrvica equipment. Drying lines m- racks cannot interfere with the maintenance afthe property.I Clotlms may nor be draped over fence 0r balcony railings, or hung fmm any building fixtures. _Ifyoua' private patia 0r balcony 1‘s not enciosed by a fence, railing or other structure, Residents are not pemirted to hang clothing,blankets o‘r any other laundry on the: patio or balcony. !8. CERJLLING: No one is permitted to use a charcoal burner, or ather Open-fiame cooking devices, 0r liquefied petroleum gasFueled cooking devices (“grins”) in or about the Premises except In Facilities pmvided by the Landlord 19. SMOKING: Smoking ofany substance is prohibited 1n outduur common areas, including but not limited to entryways andhallways oftha premises, and all other areas prohibited by Jaw. Residentifs) who smoke, or allow smoking by their invitees or guest's,must, ensure the smoke does n01 disturb the quiet enjoyment ofolher residents. Secondhand smoke may Seep and drift through opendoors, windows, and ventilation ducts, which may ccmstitute a digturbance I0 'thoseresidents who d0 not smoke, particularlythase Page 4 with health and allergy-rclated Sensitivities. Pursuant m other provisions ofthis Agreement, Residcnqx) agree not m harass, annoy, cur endanger any other resident 0r person, m meats 0r maintain a nuisance, or disturb the peace or solitude of any other resident Residentcjs) are responsible For the conduct ofguests or invitees while they are on the Propezty. Violatinn ofthis pmvision may result in the fmmediam termination oflhis Agreement as provided in this Lcasc Agreement and by law. Landlc‘n‘d, however, docs not pmvide 01' guarantee a smokewfree environment. As such, naming in this paragraph shall be deemed a guarantée of’any kind that Resident(s) will not be exposed to tobacco smoke while on the Property and Landlord expressly denies any such asserticm. Residenfis} is responsible for complying with all applicable laws regarding smoking. 20‘ ASSIGNMENT AND SUBLETTING: Unless prohibited by local regufations, Residenfls} shall nm assign this Agmement nor sublet a1} or any part 0f the Premizzes. Permiuing any persnn not named as an occupant or as a Resident in this Agremnent to occupy the Premises shall be deemed Em improper subletfing of the Premises and shalt subject the tenancy to tarmination. Any attempted sublctting or assignment, in violation ofthis provision shall be void. Resident(s) shall be prohibited fiom nff‘ering all or part offhe Premises For short term rental, such as through AirBNB, VRBO or other such sites‘ 2 I . EXTERIOR GROUNDS: AH Residents are expected to exercise the necessary care to maintain the exterior grounds in a clean and orderly fashinn, Litten’ng is n01 pe-rmitt‘ad or tolerated. Hausehold trash and garbage is tn) be put inside the appropriaw trash container, Furniture, mattresses, etc. are L191 Io be put in the trash container. These items must be disposed oi’by the Resident’s own disposal method, not that of the complex. Residcrxt{s) or their guestlvisitors who Iifier, or cause a mess that needs to be cleaned up on the Premises, will be charged for the cleanup. Charges include maintenance time, which is charged at tlw rate of $55M per hour, with a one-lwur minimum, plus the cast ofmaterialg. 22. GUESTSNPSITORS: R.esidem($) will be held reaponsibie 1hr any damagesldisnu‘bnnces caused by their guestsxvis‘itors. Prior written permission is required for any gueslfvisit‘or to stay 0n the premises more than Seven 1:?) consecutive calendar days. Prior written permission is required to have more than four guests in any aparmmnt or on the Premises as guests 0f a single Imusehold. Guests who stay (m the premises more them, seven (7) dayza in a month period constitute a bmach ofthe Agreement. 23. LIQUIDwFILLED FURNITURE AND AQUARELJMS; waterbcds and other Eiquid-filled furniture are allowed only under the regulations ofCalifomia Civil Code Seclion 1940.5, which requires proper insurance coverage for waterbeds. A certificate of insurance evidencing waterbcd coverage must be provided to Landlord prior to Resident bringing any quuid-filled Furniture into the Premises. Residcnl{s} must provide Landlord with at feast twenty-four (24) hours’ written notice prior to the installatiun, removal 0r mnvcment of any quuid-filled furniture and Landlord has the right to be present at the time ofsuch installation, remcval or movement. Installation movement and remuvai must be done in accordance with standards set by the manufacturer, retailer or 5mm law, whicheVer provides the highest degree oi’safety‘ No aquariums over IO galfons are pennitted without prior written consent 01“ Landlord. Residentfg) shall provide Landlord with evidence of insurance that names the Landlord as an additional insured and an endorsement requiring thirty {30} days written nntice fi'om, the insurer Io the additional insureds before, a cancelation m‘ change in the coverage, scope or amount in tho pulicy. Such insurance shall be maintained so long as the liquid-filled furniture is on they Premises. 24. MILITARY TRANSFER: If any Resident is 0r becomes a member 0f th Armed Forces cm extended active duty, a member of the State National Guard serving on fiJH-time duLy, or a civil service technician with a Natiana! Guard unit, and receive change-of duty orders to depart From the local area for longer than ninaly (90) days, 0r are relieved fmm such duty, Resident(s) may tenninate this Agreament by giving thirty (30} days prior Written notice to Landlord, pmvidad Resident is not otherwim in default. A5 condition to such termination, Resident will furnish Landlord with a certified copy 0F the official orders which warrant termination nfthis Agreement. Military (arders authorizing base musing in the local area in which the Premises is located dc: mat constitute change-ofiduly under this parag'aph. 25, CONBI'I‘ION OF PREM[SES-AL’I‘ERATIONS: R&sidenttfs) have inspected the Premises and acknowledge that the Premises are in good and habitable order and repair at the time Residcnlfis} are given occupancy. Residenfis) agree not to make. any alterations or improvements to the Premises, including: the installation ui‘a washing machine, dishwasher, dlyel‘, fan, heater, air conditioner, screen door,‘ and/or satellite dish witlmut the prior written consent 0F Landlord. Resident(s) shalt reli‘ain fi'om using adhesives, glue or tape to affix pictures or decorations. Residenfis) agree not to instail additional 0r ditTerent locks 0r gates on any doors or windows ot‘the Premises without written psrmi‘ssiun of'LandIord. ”Landlord approves Resident{s)’ request to install such iflcks, Resident(s) agree to provide Landlord with a key for each lock. Residentis) may not remove the window blinds supplied by the Landlord. R&sidentfs) shall mfi'ain from using cardboard or aluminum foil as a window covering and shall obtain the approval ol‘LandEord before using any window covering visible from the exterior 0f the building. A11 additions, fixtures and Impmvemenm shall be Landlord’s pmperty and shall remain upan [he Premises afier the termination ofthe Agreement unless Landiord, as a condition to Resident(s) making such alteratinn, requires that the Premiscg be restored m the condition existing prior to such alteratinn or addition Costs of repair or clearance of‘stoppages in waste pipes ‘m' drains, water pipes 0r plumbing fixtures causedhy Resident's negligence or improper usage are the responsibility ofthe Resident(s). Resident{s) shall reimburse LandIOrd far these costs 0n demand. 26. ACCESS CIMRGES: Resident should take care not to lock himselfiiherseff out ofthe Pramises. Please nme that the Rasident Managar is not obligated tn open dams during nun-busfness hours and is nm: always on the Premises. 1f the Landlord is requiwd to Page S assist any Resident in gaining entrv m the Premises, Residam may be assesmad a charge fur the actual casts, including out ofpocketexpenses, incurred by Landlord and [.andfurd may requirestha Resident to aontract with a professional locksmith. 27. DUTY TO CLEAN AND VENTILATE: Residenfis) hereby acknowledge that mold and mildew, can grow in the Premises if thePremises are not: properly maintained and ventilated. ResidenKs) acknuwledge that it 1's important that Resident(s) regularly allow airto circutatc in the Premises. Rcsidenfls) agree regularly m allow air to circulate in the Premisea by using bathroom fan(s), usingceiling. fans, where available, and regularly opening the windows andicr sliding doors where available, and kaeping furniture at leastthree (3) inches away from walls. Since it is. common fur mold and mildew m grow if even a smafl amount of moisture builds up,Resident{s) agree rt) regukarly wipe dawn walls, ceilings and windows (including ledges) and clean ail toilets, sinks, uounter-tops,showers, bathtubs and tile or linoleum flows with a household cleaner on a weekly basis. Rcsidenfis) further agree t0 notifyLandiord immediately Whenever Residenfl’s) [earn ofany condition which could lead to a buildup of muist’ure in Rssident(s)’apartment, incfuding, but not limited m plumbing feaks, broken window or duor seals, acaumulalion of‘rainwater or other moisturearound windows or doors, broken water lines or sprinklers, inoperable fans, doors or windows andfor any failure or malfunction inthe heating, ventilation or air~conditioning system in the Premises. IfR,e-Sident{s) nntice mold or mildew growing in the Premises,Resident(s) agree to notify Landlord, in writing, immediatehr. Any failure t0 comply with the requirements ofthis paragraph 5hal] bedeemed a material breach of‘this Agreement, 28, SERVICE REQUESTS: Resident(s) shall advise Resident Manager ofany items requiring repair, such as, hut n01 limited to,light switches m" dripping faucets. Water leaks and inoperable smukc I carbon monoxide detectors are to he reported immediately.Residenr;(s) shall make repair requests as scan afier [he defect i5 noted as is practical. Residenfls) are required'm contact the ResidantManager, during posted office hours, ol’all needed repairs and services, and campletc and mceive a copy ufa maintenance requestcard. Maintenance requests 0n weekends are only done in an emergency situation. Emergency repairs should be requested bycontacting the Resident Manager‘ Residenti’s) shall mfirain from making serviccrequegts directly to maintenance personnel’ unlessResident(s) is directed to d0 so by lmndknrd. 29. PACKAGE RELEASE: Rfisidenfls) give. Landlond and its agents’ permission to sign f‘or and accept any parcels or letters thatmay be sent to Residentts), whether anticipated 0r lmanticipated, through UPS, Federal} Express, Airburne, United States PostalService, hand deliveries, or the like. Landlord does not accapt any responsibility or liability for any lost, damaged, or unordereddeliveries and Residentfs) agree to hold Landlord and Landlord’s agents harmless; from any loss or damage to any nfflesfdenfls)’packages. Nothing in this paragraph, however, obligates Landlord to accept any packages on behalfofResidentCs) and Landlordmay choose not t0 do so. 30. PARKING: ii ll is the designated parking space, carpon, or garage assigned for this apartment as of the signing ofthis Lease,Landmrd reserves the right to reassign parking spacas, carports, and garages at any lime with, three {3) days’ notice‘ Resident(s)’vehicle license plate number is 5RDM742. Management pennission is required for each vehicle to be parked on the Premises.Violators ofthis rule could lose their parking privileges and violations may be used as: grounds for eviction. All Residents must havea valid registration and insurance for any vehicte t0 be parked on the Premises. Failure to provide a copy ofcurrent registration andproof of insurance will result in the vehicre not being allowed to be parked on the Premises. Residents are required to providemanagement the type, license, solar, year, or any other illfomqatian management feals necessary, for any vehicle the Residentdesires m park 0n the Premises. Only authorized molar vehicles may be parked on the Premises. Authorized motor vehicles aredefined as: automobiles, motorcycles, vans, S UVs and pick~up trucks. Unauthorimd motor vehicles are not to be parked on thePremises at any time. Unauthorized motor vehicles am defined as motor vehicles with expired registration, motor vehicles with noinsurance, motor homes, campers, camper shells, boats, trai‘lem, jet'skis, buses, trucks larger than one ton, or vehicles 11m inciuded inthe defini‘tinn ofauthorized motor vehides‘ Vehicles must be kept in uperational candition; inoperable vehicles arc n01 permitted onthe Premises, even in assigned stalls. Parking stalls are For parking ot‘one motor vehicle om)». Backing motor vehicles into a parking5pace, carport, 01' garage 1‘s nut permitted. Parking ufvehicles on the Premisas, other than the designated parking areas is prohibited.“Resident Parking" in “Guest Parking" is alsu prohibited. Guest's may ONLY park in a designated guast parking space. It is the dulyut‘residentfs) to notify t‘hefr guests to park offthe Premises if no guest parking spaces arc available. Illegally parked vehicles,vehicles parking in unassigned stalls, vehicles with expired registration, vehicles for which residents have not provided proufofinsurance to management, vehicles parked cm the Premises without management’s permission and inoperative vehicles will be towedaway at vehicle ovmer’s expense. Residents, 0r their guests, shall not store, abandon, or replace any wheel, or other vehicle: partwhile on the Premises; Residents, or their guests, shall 11m disassemble any part ofa vehicle, drain oi] from or add oil u), draingasoline fi'om 0r add gasoline to any vehicle while 0n the Premises. No washing of vehicles or repair ofvehicles or maintenance of“vehicles on the Premises is permitted. Management is not responsible for any vehicle or its contem, No (me shall store- anything inparking stalls, carport: 0r garages. Garages and storage units may notbe used for occupancy and alt doors to tile Garages and storageunits arc to be closed at all times. 3!. STORAGE: Rusiden1{s}’ assigned storage unit number is 12. No storage in any storage facility may be made wilhout priorwrimm permission from Management, Residents are to store items in approved storage facilities only. Pagcfi 32. TRAFFIC: The speed limit for all motor vehicles within the camplex is n0 more than 5 miles per hour. Mowr vehicles will at alltimes yield the right-oflway to pedestrians 3nd bicycles. Motor vehicles and bicycles may only be operated in parking areas and driveways. AH car stereos must be lowered while driving through the Premises, so as not to disturb the quiet enjoyment of the Residents. No motor vehicfe is allmved to be operated on any sidewalk, pathway, lawn, or common area. Violators uf'this rule could Jose their parking privileges and violations may be used as grounds For eviction. 33. LIABILITY: Landlmd shall not be liable to Residemfs) or ta any guests or invitees 0F tenanfls} for any damage or losses to person or propefly arising from any cause including, but not limited to, theft, burglary. assault, vandalism, fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosion, interruptfon of utilities, earthquake, or any other condition over which the Landlord has no contra}. 34. DAMAGE TO PREMLSES: a. [f the Premises are damaged by fire, flood or other casualty, necessitating repairs that I'Equire Residenu's) to vacate the Premises for any length at’time, En the sole and absolute discretion 0f Landlord, Landlord Shall have the Option either (1) m repairthe damage or (Jtlxerwise restore the Premises, with this Agreement continuing in Full force and effect, ur (2) give notice to Residenfls), at any time afier such damage occurs or repairs become necessary, terminating this Agreement as Ufa date to be specified in such notice. I b. If Landlord elects Lu terminate, this Agreement shall expire and all interest of‘flm Residentfisj in the Premises shall terminate and Landlord shall have no ubiigation to pay ludging costs to Residenlfs) after the tennination data. Landlord shall not be required to repair any damage by fire 0r other cause or to make any repairs of’any property installed in the Premises by Residenfis}. c. 1f Landlord elects to repair the. damage and/or make the significant repairs and continue this Agreement in full force and effect, Resident(s) agree to vacate the Premises For the time necessary f’ur the repairs to be, completed and. ifResiden£(s) need to be absent for more than eight (8) hours in any twe-nty-four (24) hour period, relocate lo alternative housing o‘f‘the Landlord’s choosing. Landlord 31ml} be responsible to pay for the alternative housing; however, Resident(s) wfl‘l remain I'esponsib1e for all rent while Landlord is paying For the afternative accommodations. If Residentfs) elect t0 relocate to lodging other than that designated byLandlord, then Landlord shall have no obligation to pay the. cost of‘such lodging, which shall be at RusidenKs)’ sole cost and expense; although Resident£s) shall haVe no obligation m pay rem during the time the Premises is not available to Residanms) during the repairs if Landlard is not paying f‘nr the alternative lodging. 35. SIGN [FICANT REPAIRS: a. H‘the Premiges require significant renovations, impruvements or repairs {Such as, by way of example only and not by wayof” any limitation, renting for tcmfit‘es, treating; for pests or other vermin, replacing plumbing 'or electrical wiring, em.) which require R.esfdenl{s) to vacate the Premises for any length OFtime, Residenfis) must vacate the Premises as needed and oflxarwise cooperate with Landlord in its efi’ons to perf‘cmn the work. Landlord shall give Residenfis) at least ten days written nmiae ofthe need to vacate Lhe Premises which natice shall include Landlord’s best estimation 'ofthe length of time Landlord anticipates R'esident{s) will mead to be absent from the Premises. b. Residentm agree to vacate the Premises for the time rmcessmy for the work to be completed and, iFResidentfis) need to be absent from the Premises for more than eight (8) hours in any twentyfour (24) hour period, relocate to alternative housing oftlm Landlord’s choosing. Landlord shall be responsible to pay Forthc alternative housing; however, Resid'anfls) will remain responsible for all rent while Landlord is paying Fur alternative accommodation s, l'f‘ Residentfi) elect to relocate temporarily to lodging other than that designated by Landlord, then Landlord shall have no obligation to pay the cast ofsuch housing, which shat] be at Residenujs)’ sole cast and expense; although ResidentCs) shall have nu obligation to pay rant during the time the Premises; is not available to Residenfls) during the repairs if Landlord is not paying fur the alternative lodging. 36, DUTY TC) COOPERATE: Faiiure to vacate tha Premises m‘ uthelwise cooperate with Landlnrd’s efforts t0 conduct repairs, renovatians or othar improvements m the Property is, a material breach ofthis Agreement and groundx fiur termination of this Agreement. 3 7‘ RENTER’S INSURANCE: Landlord does not pmvide insurance for Residenl(s)’ persona! property ar automobile‘ Renter‘s: insurance 1's designed to provide Resident{s) with reimbursement for loss, damage or destruction oftheir property, as well as coverage for additional living expenses incurred ifthe Premises, for example, become uninhabitablc as the result 0f a fire, Such insurance can also protect Residenfis) from any liability claims resulting from their own persona] activities. For example, iF Residentfis)‘ negligence causes a fire, Residenfis) may beIwId responsible for the damage of the property of’others, including Landlord‘s property. Residen.t(s) are encouraged to obtain renter’s insurance in an amaunt sufficient to cover any personal possessions of Residenfls) together with a reasonable level of liability coverage of tlm actions ol‘ Resident(s] m' Résidenfi's)’ guests Or invitees. 33. SAFETY CONCERNS: a. Landlord makes no representations or guarantees t0 Resident(s) conccming the security ofthe Premises or the Apartment Communfiy. Landlord is under no obligation to ResidentC3) to provide any security measure or take, any action not required bystmum. The presence of‘courtesy patrols, patrol cars, access gates, surveillance cameras or other deterrents do not guarantee that Page 7 crime can or will be prevented. Ml such systems are subject to personnel absenteeism, human error, mechanical malfunctions and tampering. Resident(s) are responsible for planning and taking action with respect to the safety of’Residem(s) and their pmpelty as if such systems and deterrents did not exist. b. Landlard has. no obligation to obtain criminal background checks rm any Residenlfis) and bears no responsibility 0r liability related to the criminal background or actions (whether past, present or future) ofany persmz, even if Landlord has actually run a criminal background check on applicants. Residenmsj shal} not rely on the fact that Landlord may have run a criminaf backgmund check on Resident(s) or any nther applicant when deciding whether to enter into this Agreement; Background checks are limited to the information actually reviewed and ave not a guarantee that a person with a criminal backgrmmd does not reside at the Apartment Community. Landlord has not made and does not make any representations as to the backgruund ofany existing 0r Future resident and Landlord is under no obligatirm lo run background checks 0n any existing resident or future applicant. c. Resident(s) agree t0 report immediately all suspected or actual criminal activity to the appropriate local Jaw en Farcemem agencies and, after doing so, t0 Landlord, and shall provide Landlord with such law enforcement agency’s incident rcport number upon request. 39‘ SUBDRDINA’I‘lQN: This Agreement shall be subordinate to any mortgage, deed oftrust, (Jr any other hypm-hecmiOn for security now or later maced upon the Pruperty and to any advances made 0n the security of it or Landford's interest in it and to all renewals, modifications, consolidations, repiacements and extensions of it. However, if any mortgagee or trustee elects t0 have this Agreement prior to the Hen of its mortgage or deed oftrust, and gives notice of that m Resident(s), this Agreement shall be deemed prim to the mortgage 0r deed oftmst, whether this Agreement is dated prior or subgequent to the date ufthe mortgage or déed of trust, 0r the dare of recording it. In the event any mortgage 0r deed oftrust to which this Agreement is subordinate, is foreclosed or a deed in lieu of foreclosure is given to the mortgagee or beneficiary, Resident shall mom to the- pumhassr at the foreclosure sale or to tfm grantee under the deed in lieu of foreclosure. Resident agrees m execute any documents required m effectuate the subordfinaiion, tn make this Agreement prior 10 the lien ofany mortgage or deed of trust, or To evidence the attornment. 40. SUCCESSORS IN INTEREST: lfthe Pmpefiy Es sold orthc ownership interest otherwise transferred, the successor in interest of Landlord shall be deemed the assignee Gl’all rights arising under this Agreement, 9nd shall be entitled t0 enfiarce the provisicms 0F this Agreement against Resident(s). Nothing in this provision shall be construed as cunflicfing or supmeding the fomgoing subordinatian or as requiring a continuation 0F the. tenancy in the event of a foreclosure or other involuntary transfer of" ownership. 4 1.. ES'I‘OPPEL CERTIFICATE: Within ten (I O) days after written notice, Resident agrees to execute and deliver an estoppel certificate as submitted by Landlurd acknowledging that this Agreement in full force and in effect and that all information in the estoppels certificate is accurate and cuwect. Resident’s failure to cxccute and deliver the estoppel certificate: shall be: deemed ReSidcm’s acknowledgement that the estoppel certificate as submitted by the Owner is true and correct and may be relied upon by a lender or purchawr. 42. MEGAN’S LAW DATABASE: a) Notice: Pumuant'to Section 290.46 of the Penal Cede, information about specified registered sex offenders is made, available to the public via an internal web site maintained by the Department ol’Just‘ice at www.meganslaw.mama Depending on an Offender‘s criminal histmy, this information will includa either the address at which the offendmr resides 0r the community of residence and ZIP Code in which he 0r she residesx b) Since the, infomalion is equally available to residents and Landtord, and Landlord cannot discriminate against regiatemd sex DiTwnders pursuant m Penal Cede Section 290.46 e!.-mr:;., Landlord has not made any inquiry of any applicant or resident as to whether he or she is a registered sex offender, Residenfls) are advised to take whatever reasonable- and lawful actions Residunt(s) V believe neses‘sary to protect household nmmbers 01' guests against any potcmiaf harm, This includes talking t0 any children or individuals with a diminishacl capacity about how t0 deal with strangers and similar topics. Residcnt(s) are advised that Landlord may not notify Resident(s) il‘" Landlord teams 0r is adviaed mat a registered sex offender is Hving in the Apanmant Community. The existence m‘ registered sex offenders [n the Apanment Community is (mt grounds for breaking this Agreement. 43. CONDUCT OF RESlDENT: a. ResidentCs) agree n01 Lu harass, away, (1r endanger any alher resident 01' person, or create or maintain a nuisance, or disturb the peace or solitude of any Other resident, 0r cummit waste in or abuut the Premises (Apartment Community), Residenfls) are responsiblt: far [he conduct of thair'guests or invitees whila they are on the Property. Residenfla} shall not make 0r aliow any excessive noise in the apartment r101" permit any acliuns which will interfara with the rights, comf‘m‘ts 0r conveniences 0f other persons. Resident(s) shall refrain Pram phying musical instruments, television sets, stereos, radius. and other devices at a volume which will disturb other persons. Residenfis) shall refrain from activities and conduct outside, oi’the apartment (in common areas, parking areas, or recreational facilities) which is likely to annoy 0r disturb Other persons. Residenfls) shall refrain from creating, or allowing t’o he created, any noise that is disturbing to other residents between the lmurs 0f 9:00 pm. to 10410 mm. bl Certain acts are considered t0 be contrary w the safety, weH-being, peace, and cnjayment 0f the other Residents ofthe Property. These include, but arc not limited to, the use, possession or saie of’illegal drugs, 0r controlled substances, and carrying (Jr exhibiting firearms on the Property (except as required by law orjob necessity). Resident aha}! not smoke, use, cultivate or otherwise engage in any Oi’the actions 01‘ conduct ralated tofimarijuana that are otherwise permitted under Health and Safety Code H3611 0n Page 8 the Property or in the Premises. ln addilicm, consuming alcohol in any common area of 1le Premises i3 prohibited. A Resident conducting any oFthese activities shall be deemed in violaliun OJ‘this Agreement, and said activity shall be grounds for termination of this Agreement with a three-day notice t0 quit. c. Residcmw) further agree: not to harass, verbally abuse, denigrate or otherwise disrespect Landlord’s employees, agents andfor conti‘amorS. Failure t0 abide, by this poticy will resuh in a written warning and win be gmunds fur temfination of‘ this Agreement if thcm arr: future violations. d. Residenqsv) shall keep the apartment clean, sanitm'y and Free: From objectionable odors at ail times. Resident(s} shall ensure that papers, cigarette butts and trash am placed in appropriate mcuptacles so that litter is not created 0n m" about Resident’s apartment. Resident(sj shall ensure that trash and other materials arc not permitted to accumulate so as to cause a hazard Dr be in Viclation ofany health, fire 0r safety 0rdinance 0r regulation. Resident(s) shall ensure that garbage is not permitted to accumulate and that it is placed on a daily basis in the trash cnntainers provided For that purpuse. Resident(3) shall ensure that large buxes arc bmken apart before being placed in the trash containers. Resident(s) shall be responsible, a1: Resident’s expense, for hauling to the dump those items too largt: m fit in the trash containers. Residenfls) shall Ensure that fumiture is kept inside the apartment and that unsightly items are kept out of’view. Residenl(s) must: not store items in front oi’pal‘hways, windows, and doors or that block agrcss. Residenfls) shall refrain me leaving articles in the hallways or other commcm areasw Resident(s} shall rcFrain From disposing ofany combustible or hazardous material in trash containers 0r bins. Residentufis) shall refrain from shaking or hanging clothing, culmins, rugs, and other coverings and cloths outside ofany winduw, ledge, or balcony. Resident shall refrain from hanging personal itams (including advertising) on fixtcrior dours and windows“ Residents are responsible For replacing light bulbs for all light fixtures in the residence‘ c. Security 1's the responsibflfiy of each Resident and each guest Landlmd assumes no responsibility 0r liability, unless otherwise provided by 1am for Resident’s and gucsls’ safety and securhy, or for injury 01" damage caused by the criminal acts of other persons. Residentts) shall cngure that a}! doors arc Ioaked during Resident’s abswncrz. Resridenfls) must notify Landlord if locks become inoperable. Rwidenfls) shall ensure that all appiiances are turned offbef‘om departing from the premises. When leaving for more than one week, Residem(s) should notify Landlord haw long Resident(s) will be away. Prior to any planned absence from the apartment, Rcsident(s) shall provide Landlord with the name ofany person or entity permitted by Resident(s) u) enter the apartment. Residcnfls) shall refrain fi'om smoking in bed. Resident(s) shall ensure that no personal batongings, including bicycles, play equipment 0r other items shall be lefi unattended in the halls, Stairways or about the building. Any apanment window that is closer than 24 inches From the. floor has a safety device instaHed which prohibits the window from opening in excess oft! inches. Residentfis) and their guest(s) shall refrain From removing this window safety device except in case oFemergency egress. Resident(s) understand that removing this window device may create a hazardous situation. 44. COMPLEX FACILITIES: Any person Using any apamnent Facility, ag. play area, recreation rcmm, parking, area’ laundry room, eta, does so at their own risk and responsibility. Laundry facilities are provided on the Premiws For Resident use onlyq 45. PETS: No pets are permitted without the prim written consent of the Landlord. Any such consent may he revoked at any time, with 0r without cause, by giving ten ( 1 0) days’ written notice. Except u) the extent written pcrmissiun is giVen, pets may not be bmught upon they Premisem whethersuch pets baking to Residenfls) or to any other person. The presence ofany pets as to which written pemfission has not bean given and is nat currently in force, wen ifsuch pats are “just visiting". shall be deemed a material and incurable breach 0F thiS Agreement and shalt be cause for the service 0F a three»day notice terminating the tenancy. This policy dacs not apply to accommodativn animals. ' £16. SMOKE DETECTOR: Residenusj acknowledge that the Premises are equipped with operable smokc detecmrs. Residenfis} agree t0 not interfera with the prusence. or operability (xfauch smoke detectors and are to report immediatefy m Landlord, in writing, any defects in the condition, of any smoke detectors. Residenfis} funher agree that; ifthe smoke detectors are battery operated, Resident{3} shall b3 responsible to: (a) ensure that thus battery is in Upextating conditian at all times; and (b) replaw the battexy as needed ("unless otherwise provided by law), Landlord shall have the right to enter the Premises to check and maintain the smoke detectors as provided by law. 47. SATELLITE DISHES: If Residentfis) choose to install an individual satellite’dish at the Premises, it must be one meter [approximately 3 feet, 3 inches] m less in diameter or a U‘aditiunaf stick type antenna. 'lt is recommended that the dishu’antanna be authorized by the manufacturer ofthe satellite dish. Rasident($) may not install 0r suffix a satellite dish or antenna to any building or any cummon area; drill holes through walls, roofs, railways or glass; or mount a satellite dish or antenna in a manner. The satellite dish may duly b3 placed inside 0fthe balcony, patio, or terrace undar the exclusive. control offlle Resident, and nu part shall extend past the balcony, patio. or terrace nor shall the satellite dish be visible from any commun area. a. Assumption 0fth'6 Risk. Residcnqs) assume all risk and responsibility for any injury m“ pruperty damage caused by the installation, operation 0r removal ofthc dish or antenna, including any caused lay a failure t0 securaly attach the dish m the Premises. b. Renter‘s Insurance. Because satellite dishes are susceptible m wind or being knocked aver by occupants in the Apartment Community, Residenfls) must have, renter’s insurance that covers any and all losses. fmm the installation, operation and removal of the dish Resident(s) must provide Landlord with evidancc oi’such coverage that names the Landlord as m1 additional insured for insurance. cuwring pubfic liability and property damage with a single combined liability limit ofS l 00,000.00, and property damage. limit of not less than $50,000.00 insuring against bodily injury, death or property damage occurring from this installation andfor Pagw operation of Resident’s satellite dish; and an endcrscment wquiring thirty (30) days‘ written notice fi’om the insurerto the additionai insured’s before a cancelation or change in the coverage, scope 0r ammmt in the policy; and such insure shall be maintained so long as the satellite dish is on the Premises. 43 MOVE OUTS: A Wlin'en notice ofwur intent l0 vacate must be presented a full thil 1y (30) days prior to mm’re-ou't Landlord may waive this provision fm- special circumstances beyond your control and any such waiver will be at Landford‘s sole dissertation. If you fail to provide a mitten t}lirty day notice 0r ycu vacate prim t0 the term m your Rental Agreement, you willIbe liable far rent f0] this time and will have such amount charged m you and against your security deposit You have the right to request a pre-move- out inspection of your apartment and you have the right m attend that impaction, however, the inspection may take place in your absence with your consent. The inspection will be held al a reaStmable time, but no earlier than two weeks priorto your termination o‘fyour tenancy. After the: inspection, the Resident(s) shall lac pmvidud an itemized iist ()Fdeficienoies, repairs needed and cleaning, that need to be contacted t0 avoid deductions from your security deposit‘ The Resident(s) may make corrections betwwn the date of the inspection and the termination of the tenancy (movawuut date), The Resident(s) may NOT make any corrections that are prohibited by this Agreement air law. 491 INDEMNITWHOLD HARMLESS: Resident(s) agree m indbmnil‘y and hnid Landlord harmless and t0 indemnify Landlord for any cmts m‘def‘ense from any claims arising out of any death or injury to any pcrsom or any damagé t’u pmperly, ifsuch injuw m damage is caused directly 0r indirectly by the act, omission, negligence, or fault of Rasidcnt(5) 0r Resident(s)‘ guests 0r invitee(3). 50. ASBESTOS DISCLOSURE, OPERATION AND MAINTENANCE PROGRAM: Applicable only if checked here '(mwt be checked [fbnila‘mg Is c'nm'lmcredprior m 1931 0r JLamflm-d knmux or beiiaves time is asbestm on 1hr: Premises.) a. Asbestos E’s a mineral (m the list ofchemicals known t0 the State ofCalimeia to cause cancer. Asbesms is present in the sprayedmu acoustic ceiling material (which has a “cottage cheese,“ appearance) in the Premises and in hallways and other arms in the building in which the Premises is Iocated‘ Asbestos may also be present in other materials in the Premises and lhe building, including Lhu insulatiwn firepmufing and floor tiles,“ b. Landlord has fnaltituled operations and a maintenance program directed at maintaining the Premises in accordance with any applicable fcderal and state safety requirements regarding asbestos-containing material, This pmgram is designed (among other things) to prevent rcluasc ofasbustos fibel s into the air; minimize disturbance ofdamage to asbestusmontaining material; monitor the conditions, of materials and air in the building; and regulate maintenance, renovation and construction activities No matter how r small the pexcentage of such material may be, ResidentCs) and Resident(s)’ s invitees shall comply withlsuch rules and regulations as Landlord from time to tima may prescribe in connection with Landlord’s!'opemtions-and maintenance progmm, including, without limitation the following: i_ Hazardous materials: Residentfs) shall not take or aflow any action which in any way damages 0r disturbs all or part ofthe ceiling or floor tiles in the Premises, including, but not Efmited to: piercing the smfiace ofthe ceiling or floor tiles by drilling 0r any other method; hanging plants, mobiles m- other abjects From the ceiling; allowing any objects t0 come into contact with the ceiling; permitting water 0r ather liquid lo come into cantacl with the ceiling; painting or undértaking any repairs or improvements with respect to the nailing; ii. Resident(s} shall notify Landlord immediatciy in writing (a) iflhere is any damage t0 0r deterioration of the ceiling m floor tiles in the Premises, including, without limitation loose: cracking, hanging 0r dislodged material, water leaks, or stains in ’the cei! n‘rpr2t100%es qr (b) upon th_e_ uccuryencc (11’ any of the activities described In the preceding paragmph ' J I‘m“ H‘L/ ' ‘Lflw , L g Donald Kazak Sinnatura 0t Részdenttfs) ‘:”Z:lm” v Printad name(s) Signature of‘ReSidentw) L Printed name(s) Signature 0F Residentfis) Printed name(s) Signature of Resident(s) Printed name(s) Signature of Resident(s) Printed name(s) Signature 0F Residenqu ' H Printed name(S) Signature of Resident(s) Printed nameljs) Page 10 Signature 0f Résidenfls) i’rintéfiiianids) Signature of ResidentCS} Printed name(s) 51. LEADvBASED PAINT DISCLOSURE AND WARNING: Applicable only if checked here .(nms! be checker! I'fbm'i'dr‘ng is mmxtrzwledpm‘ar (a 1978 or fchdem'd Immvx or beiiews mere m be {earI-bumdpafnf m7 the: Premisew) a. Lead Warning Statement Housing built before 1978' may cantain lead-based paint. Lead fi‘um paint, paint chips and dust can pose health hazards ifnol managed properly, Lead expnsure is eSpecially harmful m young children and pregnant women, Before renting prc~1 978 musing, Landlords must disclese [ha presence 0f known lead-based paint andfor lead based paint hazards in the dwelling. Residenl(s) must aim receive a Federaliy approved pamphlet on lead poisoning prevention. b. Landlord's Disclosure (check appropriam 17m: or boxes). E Landlm‘d has no knowledge ot’lead-based paint andmr lead-bascd paint hazards in the Premises. Landiox‘d has no raports or records pertaining to lead~lmsed andz’or Iead-bascd pain: hazm‘ds inthe Premises. D Landlord knows. that lead-base‘d paint andfur lead-hased paint hazards aw present, in the Premim. [axpl‘m’nl E] Landlord has reports or rcmrds pertaining to leadabascd ain'dr‘or lcad-bascd paint hazards in the Premises and has provided Residcn1(s) with alt available records and reports, which are attached to and made a part of the Agreement. (fist documenw c. Residenfls)’Acknowledgment E] Residgma) have received copies ofail information listed above, il’ any. r IAReaidenmingawgcceEyed the pamphlm Promo! Your Fami/yfi'nm Lem! in Your Hmne. MAN n; H, ”fix" v”?\ *2} .xr ‘ x» ‘ “a x J. Pf .‘_ -‘ ‘ 3-" :3) fifig‘fiqfiN (“m _ Donald Kazuk Signature? of" Rkefidgpgfigfl {ff Printed name(s} Signature of Residenfls) 7 A Printed name(s) Signature of Residennfs) Printed name(s) Signature of Residenuis) Printed name(s} Signature of ResidenKS) I fifintcd name(é) Signature of Regidentfg) Printed name(s) Signature of ResidenKS) Printed name(s) Signature ol‘Residentfis) Printed name(s) Signature 0F Resident(s) Printed name(s) 52. PROPOSITION 65 WARNING: The Premises as well as the common areas in and around [her Apartment Community contain at least one 0f the Fuflowing chemicalfis} known to the State offlalif‘umia to cause carawr or reproductive toxicity and for which warnings are now requimdfi Them chemicals include], but arc nut limited to: tobacco, smoke, lead and lead cmuponems, asbestos, carbon monoxide and gasoh‘nc component's4 Mon: information cm specified exposures is available at httpsu’NwwpfiSwamingssagovf. California Health 8c; Safety Coda Section 2524‘)‘ 33. EVENTS OI? DEFAUL’I‘: Residenl(5) shall be guilty ofmaterial breach ofthis Agreement if Resident(s): {a} fail r0 pay any rent 01' other sums payable under this Agreement on the date it becomes due; (b) defauft in the- p’erfommnce of or breach of any other provision, term, covenant or conditinn oi’this Agreement; (c) vacate or abandon the Premises before expiration of the J’ull term of Page l l this Agreement, 01' any extension ofthe term; (d) permit the leasehold interest ofResident to be levied upon or attached by pmaess 01’ law; 01“ (e) make an assignment for the benefit of creditors. 54. WAIVER: Landlord’s fitilure on any occasian to require strict compliance with any provision of this Agl'eement or t0 exercise any rights arising under this Agreement shall not be deemed a waiver of Landlord’s right subsequently to enforce any suah provisiun 0r t0 insist upon any such right. The fact: that Landiord may have accepted late payment(s)on one 01' more occasions shall not be deemed a waiver of Landlord’s right to insist upon, timely payment ofrent or to exercise any remedy available for late payment 01’ rent. Acceptance o-frent following a breach of this Agreement shall not be deemed to constitute a waiver 0f such breach. Nu custom or practice which may develop between the parties in the course 0f the tenancy shall be construed m waive the right of Landlord to enforce any provision ofthis Agreement. 55‘ TIME IS OF THE ESSENCE: Time is of the essence with respect to the provisions of this Agreement. This provision shall be interpreted in its strictest sense irnespective of the relative hardship to the parties. 56‘ ENTIRE AGREEMENT: This Agreement sets forth’the entire agreement among the parties with respect t0 the matters set forth in it. It shall not be altered nor modified unless such alteration or modification is in writing and signed by all signatories to this Agreement. No verbal agreements 01" representations have been made 01' relied upon by either party or any agent or employea m‘ wither pan}; and neither party nor any agent or employee of either party is entitled to alter an)! provisinns ofthis Agreement by any verbal representations 0r agreements t0 be made subsequent to the execution, of‘this Lease Agreement. The foregoing notwithstanding, it‘ResidenKs) hold over afierthe expiration of the Agreement'term 0n a month-to-month haldover basis, landlord may change any pmvisiun of'this Agreement without the consent of Residenflsj in the manner prescribed by California Civil Code saction 82?. 57. SEVERABILITY: H‘a provisiun or paragraph mFthis Agreement is 1egally invalid, 0r declared by a mun to he uncnfurceabia such pmvisim or paragraph will be deemed deleted and the: rest 01:” this Agreement will remain in effect. Tu the extent that any provision oi’this Agreement is in conflict with any provisions ofapplicable law, such provision is hereby deleted, and any provision recauircd lay applicable law which i3 not induded in this Agreement 1‘s hereby inserted as 2m additional provision of’this Agreement, but Duly to the extant required by applicable law and then only 50 long as the provision ofthc applicable law is not rcpeakd or held invaiid by a court 0f compatentjurisdiction. SS. A'F’I‘ACHMENl‘S/ADDENDA: Residcnlm acknowledge receipt m‘a mpy m” the attachments Eisted in this section, which are incorporated into and made part of this Agreement Residenfls) agree 10 abide by said attachments in all respects. Any failure lo comply with any of‘thc attachments shail be deemed a breach 017" this Agreement. Rental Concession Addendum Mjw Co-Tenancies Addendum Guarantee of Rental Agreement m_lj M1 San, Jose Rights and Referrals Addendum Key Addendum ‘ _.j__ Ceiling Heat Addendum Utility Addendum __v E Pale Alto Tenants Rights Addendum Bedbug Notification Addendum _[:]_ Smoking, Paiicy Addendum Pool Rules l Household Income Verification Addendum Fitness Room Rules _D__. Campbell Rent Mediation Brochure Move-In Insapection IE] _ Pest Control Addendum Parking Addendum [ Corporate Rentals Addendum Carlmn Monoxide Detector _[]_ Mania Park Residential Leases Addendum Uniawful Activity Addendum 59. NON-DISCRIMINA‘I‘ION: There shall be no discrimination against or segregation 0f, any persons m1 account of race, creed, religion, sexi 36mm] orientation, marital status, J’ami 1y. status (minor children or no minor children), national origin, ancestry, disability 01- any other protected classification under state, or fedora! lawa in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises, nor shall the Landlord 0r any person claiming undar or through Landlord, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use 0r occupancy of residents, lessees, subtenants, sub~lessecs or vendccs Oflhe Premises 60. REASONAB LE ACCOMMODATION: A disabled person, for all pumoses under this Agreement, shall be provided reasonable accommodations to the enent necassary to provide the disabked person with an opportunity to use and occupy the Premises in a manner equal to that of a non-disabled’ parson. This paragraph shall constituta notice, th at Residenfis) may at any time during the term 0r any renewal ofthis Agreement request reasnnable accommodation. If Residenfls) or a household member requires an accommodation; he or she should contact Landlord to engage in an interactive process with respect to the accommodation request. 6 l. SIGNATORIES; The undersigned ResidentCs}, whether or not in ac‘Lua! pugsesfion ui’the Premisas, amjomliy and severally Y msponsible for ail obligations arising under this Agreement (see Paragraph ml above) This, Agreementshall nut be considered to be. in l‘ull Farce and effect until signed by! Landlord or Landlord‘s authorized agent, Landlord may, without liability, refuse ta enter into this Agreement and may refuge m allow Residenl(s) m occupy tha Premises at any time prior to signing this Agreement. Page 12 Anything to the contrary in this provision notwithstanding, Residentfs) shall be futly liable for all obligations arising under this Agreement, and Landlord may enforce the pravisions DI“ this Agreement as against Residentfs) if, for any reason or by any means, Resident(s) obtain occupancy to the F'mmises befare such time as this Agreement has baen signed by Landlord or LandIord’s authorézed agent. [TV tare? gas f‘wxsfierfs d‘fl #2“; k. ‘ i”; W, j,» ouwmy, Dated: #57" f f r, “’Jf 9 J 7 (am) 1, ,, ~#«(J‘LC-wpfig firing _j-V\_€ak_d0fl_.LZ§LVM Landlords” 7 cab ”M, y- a L I J r” *" ..- ‘ ,J “:{f‘ VJ r ~~~«~.H.;:‘“*“ 1‘ Lf, HE. ”fa > ,, I J ll d I a figww Sigh‘hLUIEB‘DFARcfiEi-gnqs) _M__._.,.- , 2‘ Signature m" Residenufis) Signature of Resident(s} Signatum of Residenm's) Sign’atuge of" Residentfi) Signature 0F Residends) Primed name(s) Donald Kazak Printed name(s) Pr?nted hamc(s) Printed name(s) Printed uamc(s) Printed name(s) Printed name(s) Signature of Resident(s) Signature of Residentts) Signature ofResident(s) Printed name(s) Printed name(s) Printed namew} Pngc 13 Page > of Agraeman! WATER, SEWER, AND TRASH UTILITY ADDENDUM This document is an Addendum and is part of the Rental Agreement, dated 07/0’1/2017 between 3440 Ramona Apartments (”Landlord/Agent") and Donald Kazak ("Resident") (List 3H names 0f Residents who Wm sign this Addendum} forthe Premises located at 3440 Ramona St. .Apt. # 03 . 63mm Address) Pale Alto , CA 943 6 ‘ (City) (Zip) A. Resident shat! pay for water service based on an allocation formula. not actual meter reads. The water bills received by Landlord from the local utilityUes) will be used to calculate the charges per aparfmant unit based on an allocation method. Specifically. Resident's bill will be caiculated in the following manner: Resident will be billed a percantaga 0f the Landlord's bill based on the number of occupants in that apartment unit (as Iisted in the most current Rental Agreement) compared to the total number of occupants at the property tn the event that there are no occupant names Hated in the Rental Agreement Resident's water charges wili be based on the maximum number of accupants allowed under Landlord’s occupancy policy: two occupants per bedroom plus one and calculated in the manner as described above. BA Resident shall also be billed, and shaH pay. for sewer fees in accordance with provider fees received by Landlord. if the provider sewer fees are charged at a flat monthly rate. the resident's sewer fees shall be equal to the monthly per apartment unit cost incurred by the Landlord. If the provider sewer fees are based on fluctuating usage, Resident wm be billed a percentage of the Landlurd's bill determined by the number of occupants in that apartment unit (as listed in the most current Rental Agreement) compared to the total number 0f occupants at the property. In the event that there are no occupants named in the Rentat Agreement, the resident‘s Sewer charges wilt be based on the maximum number of occupants allowed under Landlord's occupancy policy: two occupants per bedroom plus one and caiculated In the manner as described above. C. Prior to allocating the Landlord‘s water and sewer bms using the methods describad above. Landiord will deduct 15% t0 account for common area usage. Landlord and Resident agree that the exact amount of the water and sewer used in Resident's unit and the exact amount of water and sewer used in the common area cannot be determined precisely. but that the methods described above to calculate those amounts are reasonably accurate estimates. Resident acknowledges that under the hitting methods described above, Resident may be paying for water and sewer usage in the common areas 0r in other units and that Resident will receives bins regardiass of whether or not Resident 1s physically in the apartment unit for any period of time. D. All water and sewer related charges assessed to the Landlord may be used to calculate the amount charged to each Resident under the seiected formula described above, inciuding, but not limited to. drought surcharges. fines or other penalties incurred by Landlord related to utility usage, stormwater charges, water or sewer retated charges contained on tax bills. and all miscellaneous charges. fees. and taxes contained on the utiIity bills received from the local water or sewer providers. E. Resident shall aiso be billed. and shall paw for trash service by the third party billing provider, Resident’s trash bills shall be equal t0 the monthly per apartment unit cost incurred by Landlord by the local trash provider, including. but not limited to chargas from the hauier for removing the trash and recycling. bulky item remova! as wall as composltlng costs where composting I5 required. Prior to allocating tha Landlord’s trash bills using the methods described above. Landlord wm deduct 15% to account for common area usage. F. The billing methods described herein may be changed by Landlord by providing Resident with 50 days prior written notice and Resident acknowledges that in certain situations it is necessary to make a change to the biliing method. Resident further acknowledges and understands that the amount of the monthly bill wt]! fluctuate, depending on actuai usage and actual biilings from the public utilities J; 5}. fl Page of Agreement The bill will be sent to Resident by Conservicer a third party billing provider. Resident acknowi‘edges‘ that the billing provider is not a pubiic utility, Landlord reserves the n'ght to change the third party billing provider at any time. Any disputes related to the computation 0f Resident's bins will be between the Resident and the Landlord Resident also agrees to pay a one~time account setwup fee in the amount of $4.95 on the finai bill. This fee is for administration, bimng. overhead. and similar expenses and charges incurred by Owner for producing a final hm. Resident must make payment in full to Landlord Gr the utiiity billing company Of the utiiity charges priorto the due data listed cm each hill. Landiord and Resident agree that the actual cost to Landlord andfor utility bming company when Resident fails to pay the utility bill on time is difficult or impossibie to ascertain! but the parties agree that Landlord andfor uti|ity billing company does. in the event cf a late payment. incur certain costs. such as additional bookkeeping and administrative charges. additional charges from the billing provider, costs in printing and mailing late notices, lost opportunity costs of the payment, etc, Accordingly. Landlord and Resident agree that if the payment is received after the enumerated dus date than Resident shalt immediately pay a late payment in the amount of $10.00, which is a reasonabte estimate cf the costs incurred. If any check given by Resident is. for any reason whatsoever. reiumed unpaid by the bank upon which drawn. Resident shall immediately pay a returned check charge 1n the amount of $25.00. All dishonored payments must be paid in the form of a cashier's check or money order. Failure to pay any of said Charges shall be Considered a material breach of the Rental Agreement and Landiord shall have the right to commence legal proceedings against Resident and all occupants including but not limited to an unlawful detalner action to recover possession of the premisas. Resident agrees to comply with any utility conservation efforts implemented by Landlord, Residant shail also abide by aH applicable laws and ordinances pertaining to utilities, including but not limited to mandated trash. composting. and recycling programs. Residant further agrees to reimburse and indemnify Landlord for all fines or other penalties incurred by Landlord as a result of Resident's violation of any statute. ordinance. regulation. or other governmental restriction. Upon termination or expiration of the Rental Agreement, Landlord at its sole uption, may deduct any unpaid utility charges from Resident’s security deposit. and for such purpose Landtord and Resident agree that the charges described in this addendum are considered additional rent. Upon a Resident's written requast. Landlord shall provide a copy of Landlord’s current utility buns) along with all service bills sent to the Resident. Any provision specifically required by applicable law which is not inczuded in this Utillty Addendum is hereby inserted as an additional provision of this Utilities Addendum. but only to the extent required by applicable law and then only so iong as the provision of the applicabke taw is not repeaied or held Invalid by a court of Competent jurisdiction. 1f any provision of this Addendum or the Rental Agreement is invalid or unenforceable under applicable law. such provision shall be Ineffective to the axtsnt of such invalidity or unenforceability only without invalidating or otherwise affecting the remainder nf this addendum or the Rental Agreement. To the extant the Rental Agreement contains any provisions reiating to Utilities‘ they remain in full force and effect except as specifically modified herein. All other terms and conditions of the, Rentat Agreement shall remain unchanged. In the event of any Conflict between the terms of this Addendum and the terms of the Rental Agreement, the , teggyfithmfifigpdum sh?" control. V, Fm4; Air» “/5; v/ f” Ra'srwng l w ' “‘33 Dare ‘ Rasr‘dent Dare Resident Dara Resfdent Date Resident Data Render)! Date Resident Date Resident Date WEI a Hg“). > w '_y m H P 27.7.,2'£c”\,g,z'LA1:<1¢C-~xgig‘(iw-“rfirrkw S /5 ' // Resident Date Landiordegent Date PALo ALTO ADDENDUM To LEASL Page of A greement This documem is an Addendum and is part ofthe RentallLease Agreement. dated WOW201 7 between {Dale} 3440 Ramona Apartments (Ownewgem) and (Name of Ownerngent) Donald Kazak. (Resident) forthe (List a3! Residenls as lasted on me Renfafleasa Agreement) premises located at 3440 Ramona swat ‘ Unit # (ifappzicame) 03 (Street Address) Pale Alto, CA 94305 (Zip) 1. Excapt as stated herein, to the extent that the terms 0f this Addendum conflict with those of the RentaULease Agreement, this Addendum shall contmi. AH terms not specifically defined herein shall have the same definition as found in the RantaIfLaase Agreement. 2. The City of Pale Alto requires that a written Lease Agreement for a term no less than one, year be offered to applicants for housing and periodically thereafter‘ For an Appticant to accept a Month-to«Month Rental Agraament or term lass than the minimum. the rejection of the term Lease Agreement must be in writing. LL) Residenfm accepts Lease term of one {1) year offered by Ownera'Agent: or 4. Resident D rejects the Lease term of one (1) year offered by Ownerx’Agent and Resident accepts a El month~to~month tenancy under the terms 0f the Month-to-Month Rental Agreement or D a term Lease of months. 5. If any provision of this Addendum is declared or found to be unenforceable under applicable :aw. such provision shall be ineffective to the extent of such invalidity or unenforceability only. without invalidating or otherwise affecting the remainder of this Addendum or' the RentaHLease Agreement. Except as specifically stated herein. all ather terms and conditions of the Rental/Lease Agreement and this Addendum shat! remain unchanged. The undersigned Resident(s) acknowledge4fs) having read and understood the foregoing ‘ I‘ La /7 C C \x’“ C: Date Residenu‘; L) Gate Resident Date Resident Data Resident Date Resident Date Resident 7- F“ , ’- _ r g _ v, ‘J r S A I 5 J ‘% rwJJQ-“Lfl”Crfi’étégi-JL-Lcfi’rL-EA-a- Data Owner/Agent Ca(r’foma‘a Apadmen! Assosfatfon Approved Farm ' wmtcaaneflorg Unauthorized Reproduction of Form 58.0-PA - Created m 6 - @2076 u AH nghls Resenxed Blank Forms Is illegal Page 1 0H PAGE 1 OF 2 NOTICE OF TENANTS RIGHTS: PURSUANT TO THE CITY OF PALO ALTO ORDINANCE 9.72010 LANDLORDS ARE REQUIRED TO FURNISH THE FOLLOWING NOTICE IN ENGLISH. SPANISH, CHWESE & RUSSIAN T0 ALF. TENANTS AND IS TO BE INCLUDED IN ANY WRITTEN DOCUMENT EVIDENCING OR CHANGING THE TERMS OF TENANCY. “THE PALO ALTO MUNICPAL CODE GIVES YOU THE RIGHT TO MEDIATION OF DISPUTES BEWVEEN LANDLORD AND TENANT. YOU MUST REQUEST MEDIATION WITHIN 21 DAYS OF LEARNING ABOUT THE FACTS THAT CREATED THE DISPUTE. CONTACT THE CITY OF PALO ALTO’S FACILITATION ADMINiSTRATOR AT PROJECT SENTINEL, 1490 EL GAMING REAL, SANTA CLARA, CA 95050 - PHONE: (650)856-4062 FOR FURTHER INFORMATION. THE PALO ALTO MUNICIPAL CODE PROTECTS YOU FROM RETAILATION FOR EXERCISING YOUR RIGHT TO MEDIAWON.” EL cODIGo MUNICIPAL DE LA CIUDAD DE PALO ALTO LE DA EL DERCHQ A LA MEDIACION DE DISPUTAS ENTRE PROPtETARIO Y ARRENDATARIO. USTED DEVE SOLICATAR MEDIACtON DENTRO DE 21 DIAS DE APRENDER ACERCA DEL. HECHO QUE CREO LA DISPUTA. CONTACTE EL ADMINISTRADOR DE FACILITACICN DE LA CIUDAD DE PALO ALTO AL PROYECTO SENTINEL, 1490 EL GAMING REAL, SANTA CLARA, CA 95050 - TELEFONO: (650)856-4062 PARA INFORMACION ADICIQNAL. EL cODIGo MUNICIPAL DE LA CIUDAD DE PALO ALTO LE PROTEGE DE VENGANZA PQR EJERCITAR su DURECHO A LA MEDIACION. $E5€~flfiflflfififfififu§tfifififlfifizFaiffififi-fifiWEfl * 131%”; 13:” %'§§§%fii?§:fl*+-6EZ WEfinmfifi ézflfiééfi'nfi ’ 3% 47%3:5 (550) 856 4062 EEEJE 2E}!H490 EI Camino Real Santa Clara Ca 95050 %%{§M@a§fi]$ 143E175)" ”Eififrflfl fifiififié Effigy]? y ??filixlfisqififi‘fifiimfiéfmfimfififi PAGE 2 OF 2 MyHmumnaanblfi KogeKc r. Flano~Aan0 npeAOCTaBmeT mMTenHM npaBO Ha pa3pemeHme KOHcpHMKTHbe CMTyaLu/Ifi mexmy apeHnoaaTeneM M apEHnaTopom nyTeM nocpeaHmueCTBa. 1.1m Toro, uT06bI BocnoanQBaTbCH npaBOM Ha nonyqume nocpeAHMHeCKmx ycnyr Tpe6yeTcg nona'rb aanpoc B Tequme Tpex Heuenb c: M0M€HTa, Kama CTanM msseCTHblo6CTogTeanTBa, BbI3BaBLume KOHcpm/IKT. Project Sentinel npeACTaBnneT Omen AgMMHMCTpaum/I no coneficmmo r. Hano-Anb'ro M HaonMTcg n0 azlpecy 1490 El Camino Real, Santa Clara, CA 95050. Ba nononHMTeanofi MHQJOpmaumeE/‘I, nomanyPiCTa, ofipamal‘fwbm n0 TenecbOHy (650) 856-4062. MyHmumnaanblfx’l KoneKc r. Hano-Aano 3ammmaeT MMTenefi 0T KaKMX~ nmfio aKTOB BO3M€3AMH 3a mcnonwoaaHt/Ie MMM npaBa Ha nonyHeHme nocpeAqueCKMX ycnyr. Spieker Companies, lnL. A FLO. Box 51634 5C§ Pale Alto, GA 94303 W April 26, 2018 Donald Kazak 3440 Ramona Street, Apt #3 and all others in poasessio‘n Palo Alto, CA 94306 NOTICE 0F RENT INCREASE Dear Residenfls), Following a review of your resident file, we would like to offer you the option of accepting a one- year laase or continuing your tenancy under a month-tonmonth lease term. Unless you sign anew Lease as provided below, this letter constitutes notice pursuant to Calh‘omfa Civil Code 827, YOU ARE HEREBY NOTIFIED that after 65 days of service to you 0f this Notice, or July 1, 2018, whichever is later, your monthly rent which is payable in adVance on or before the first day of each month will be the sum of $2,610.00, instead of $2,510.00. the current monthly rent. Ycu may choose a one«year fixed term agreement at the following rental rate of $2,610.00 per month effectI‘Ve July 1, 2018 thru June 3C), 2019. In order to accept this option, you mast first sign the attached, "Pam Nto Addendum To Lease" and mark Section 3. “Resident accepts Lease term of one ('1) year offered by Owner/Agant", then return it to the Resident Manager within (30) days of the date of this notice. Your Resident Manager Will then prepare a new [ease agreement for your review and signature, and provfde you wEth a copy for your records. All residents must sign the new [ease agreement no later than May 31, 2018 in order for the agreement to take effect on July 1. 2018. Alternatively, you may choose to continue your tenancy on a month-to~month basis at a rental rate of $2,610.00 per month, effeativa July 1, 2018‘ Pursuant to the City of Paio Alto, if you choose this option, you are required to first sign the attached “Pale Nto Addendum to Lease” and mark Section 4, "Resident rejects the Lease term 0f one (1) year offered by Ownerngent and Residenf accepts a month-to-month tenancy“. then return it to your Resident Manager within (30) days of the date of this notice. Your Resident Manager will than prepare a new Month-to-Month rental agreement for your review and signature, and provide you with a capy for your records. All residents must sign a new Month-to-Month agreement no later than May 31, 201 8, in order forthe agreement to take effect on July 1, 2018. And, except as herein provided. all other terms of your tenancy shall remain in full force and effect. Sincerely, O/VJ" St ve Mulry, Praperty Manager Ramona Street Apartments Enclosures: Palo Alto Addendum To Lease Palo Alto Notice Of Tenants Rights {WM ‘ ~ ~ ff r ' > ‘3 k - y 'r 3440 Ramona Apts. *9”? NOTICE TO PAY RENT 0R QUIT *9”3440 Ramona St Palo Alto, CA 94306 June 04, 20! 8 Kazak, Donald and all others in possession3440 Ramona St, #3, Pale Alto, CA 94306 Dear Resident(s); WITHIN THREE {3) DAYS afier service cm you Offlu's Notice, yuu are hereby required to pay theLandlord/Lessor, 0r the authorized agent for the Landlord/Lessor, the Rant for the prenu‘ses hereinafterdescribed, of which you now hold possession, amounting to the sum 0f$2,510.00 as follows: , AmoumAppIEed Charge Running Cl r D Dxarge ate escnptiou Amount Againstmmga 83mm? Tara!OGEEJUEOIS RentCharges (0632018) $2,510.00 $0.13“) $2,510.00 $2,510.00 ' $2,510.90 OR YOU ARE TO QUIT AND DELIVER POSSESSION OP THE PREMISES .The premises herein referred to are situated in the City oFPan Alto,» County of: Santa Clara, State of Cafifomia,designated by the- number and street as: 3440 Ramona Sn, #3 YOU ARE FURTHER NOTIFIED THAT , the Landlord/‘Lessor does hereby elact to declare the forfeiture of the Leasc/Rental Agreement under whiah you hold possession of‘the above described premises and the Landlord/Lessor will institute legal proceedings t0 mcover rent, damages, and possession of said premises which could result in a judgment againat you including casts and attorneys fees tugether with damages as aNowed by law for- such unlawfuldetainer detenticm, ifyou do not comply with the terms 0f this Notice. PAY MBNT SHOULD BE MADE TO ANY STAFF MEMBER LOCATED AT THE F0LLOW ING ADDRESS3053 Alma St. Palo Alto, CA 94306 Tale hone number for the abova address: (650) 81 34.369PAYW T MAYBE MADE : by (cheek one).I' 17"; pre‘rsongtfldeliyyeq‘h'l‘he usggLngghand. hougg‘fihgg‘avaflabIggy; accapt payment are the days of (circle all thatapply)ngogyyfgggsfigymggprgsfigyggzfigg§§§2g@3112ng SATURDAY, SUNDAY betwean me hoursofiLf ’{7 AM and {1'5 ’1 (Y? PM. , M mail or courier delivery to the. above address (muat be postmarked within the three day notica period, pmof‘ ofmailing should be obtained). fax}; ‘ly‘ ‘z A r'rJ/ r, I. f “xv.“ ) I g" f ,1 1/"r! ,; ’ V, (f-fl .- iii“ f V/ “J" m_fl. . MM .- u m»:Date: June ()4, 2013 (By: ,r’ .flx’wfl’fi'z x’r/i’; /~' ’ ‘ CA SHIER'S CHECK QR MONEY ORDER ONLY 1 , .7..41.»? ' "’3 i xing'imgg agath‘arizge'd‘figenygf‘é’r Owner, f 3 vPLEASE NO'I‘JS: This Notice may not include all charges due under your Lcase/Remu figrccmurll’tf. 'Thejé/IiéfoFd/Lussor dams nor waive II 1, fight m issue further rmlices andfor Iaka: other legal action necessary to colkcm mhcr SL1 s that [Kay be due under and pursuant m the terms .~~--~«your Leuschcntal Agreement, zmd resumes the right la d0 so. H‘you fail m fulfill the tamapfyour credh ohfigalinns, a negative crcdit rcp‘ortmay lac submitted to a credit repuning agency. This Notice £0 Pav Remonun supersedes all mhcr Noting w Pay Rant or Quit. ‘ii‘may. DECLARATION OF SERVICE OF NOTICE TO RESIDENT l. the undersigned, declare that at the time of service of the papers herein referred ta. | was at least eighteen (18} years of age,and that I served the natica checked below on the fallawing Resident(s}: Dma/K Kn Mk . , - : I , V, ~25 . on the ’fiWW/l /W ) day or t. //C//"7~€L- (month). WZ’Wg (year). K Three-Day Notice to Pay Rent or Quit D Thirty-Day Notice of Change of Monthly Rent C] Thirty-Day Notice of Termination of Tenancy L‘J Sixty-Day Notice of Change of Monthly Rent El Sixty-Day Notice of Tarminatlon of Tenancy D Other For Notice Requiring Service a5 Prescribed in Code of Civii Procedure Section 1162 D BY DELEVEB HG a copy of the Notice to the foltowlng Residenfls) PERSONALLY: OR D B! LEAVING a copy for each of the abovemamed Residenfis) with a person of suitabfe age and discretion at the resldance 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 ful‘ty prepaid, addressed t0 tha abovemamed Resident(s) at their place of residence.OR R/BY POSTING a copy for each ofthe above-named Residenfls) in a censpicuous mace on the property, therain described,' {here being no parsdn of suitable age or discretion to ha found at any knowrx place- of residence or business of said Residenu’sj; AND MAILING by first class mail on the same day as posted, a copy ta each Realdsnt by depositing said capies in the United States, in a sealed envekapa with postage fulIy prepaid. addressed to the resident(s)'at the place where the property is situated. OR For Notice of Changa of Monthly Rent and Notice to Enter Dwalling Unit ONLY III BY MAILING by firstciass mail on aaid date a copy to each Rasldent by daposfling said copies in the United Slates Mail. in a sealed enVelope, with postage fully prepaid‘ addressed to the above-named residenfis) at their place of residence. Place of Maiiing: Date of Mailing: OR For 30-Day or 60-Day Notice of Termination ONLY D BY MAILING by certified or registered mail on said data 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 abova-named rasldent(s) at their place of residence, Place of Malling: Date of Mailing: i declare under penarty of perjunj, under the law’s of the. State of California, that the foregoing is true and correct and if called as a witness to testify thereto. I conic} do so competently. Executedthis ”4’11 L/fl’ day oi i 137/?ng (month)._€1€/;L(year). m Pn/O ,4; m ,_, ma (Wm é? I fiMbV/e W M/n/M/ x ,r KM“ ,FV Qamjofqecrahncrmlty \/ {segnWJémrM M’ Cah‘form‘a Apm’ment Assacr’ation Approved Farm unauthorie Répmducfiofiwwmaenewrg r u; r ., < 4. Form s.s- Revi'sed 1/72 - @2012 - magma Reserved :Pf‘BlfiQk F?HIIS iflflegah ‘ Pagaforf ‘ ' ‘ "