SUMMONS—EVICTION
`(CITACION JUDICIAL—DESALOJO)
`UNLAWFUL DETAINER / FORCIBLE DETAINER / FORCIBLE ENTRY
`(RETENCIONILICITA DE UN INMUEBLE/ RETENCION FORZOSA / ENTRADA FORZOSA)
`
`NOTICE TO DEFENDANT:
`(AVISO AL DEMANDADO):
`AHMED GAMAL, MAHA MANSOUR, and DOES1-10, inclusive
`
`| SUM-130
`
`
`FOR COURT USE ONLY
`
`
`(SOLO PARA USO DE LA CORTE)
`
`
`
`
`
`YOU ARE BEING SUED BYPLAINTIFF:
`
`(LO ESTA DEMANDANDO EL DEMANDANTE):
`FRG MV PINE, LLC
`
`
`
`NOTICE! You have been sued. The court may decide
`jAVISO! Usted ha sido demandado. Si no responde dentro de 5 dias,
`against you without your being heard unless you respond
`el tribunal puede emitir un fallo en su contra sin una audiencia. Una
`
`
`within 5 days. You have 5 DAYS, not counting Saturdays
`
`vez que le entreguen esta citacién y papeles legales, solo tiene 5
`
`DIAS, sin contar sAbado y domingoyotrosdias feriados deltribunal,
`and Sundays and other judicial holidays, after this summons
`and legal papers are served on you tofile a written response
`para presentar una respuesta por escrito en este tribunal y hacer que
`at this court and have a copyserved on theplaintiff. If this
`se entregue una copia al demandante. Si la presente citacién le ha
`summons was served through the Secretary of State's Safe
`sido entregado a través del programa de direccidn confidencial de!
`at Home address confidentiality program, you have 10 days
`Secretario del Estado Seguro en Casa, tiene 10 dias después de la
`from the date of service, not counting Saturdays and
`fecha de entrega, sin contar sabado y domingo y otros dias feriados
`Sundays and other judicial holidays, to respond.
`deltribunal, para responder.
`
`
`
`A letter or phone call will not protect you. Your written
`response must be in proper legal form if you want the court
`to hear your case. There may be a court form that you can
`use for your response. You can find these court forms and
`more information at the California Courts Online Self-Help
`Center (www.courts.ca.gov/selfhel/p), your county lawlibrary,
`or the courthouse nearest you. If you do notfile your
`response on time, you may lose the case by default, and
`your wages, money, and property may be taken without
`further warning from the court.
`
`There are other legal requirements. You may wantto call an
`attorney right away. If you do not know an attorney, you may
`wantto call an attorney referral service. If you cannot afford
`an attorney, you maybeeligible for free legal services from
`a nonprofit legal services program. You can locate these
`nonprofit groups at the California Legal Services website
`(www.lawhelpca.org), the California Courts Online Self-Help
`Center (www.courts.ca.gov/selfhelp), or by contacting your
`local court or county bar association.
`
`FEE WAIVER: If you cannot pay the filing fee, ask the clerk
`for a fee waiver form. NOTE: The court hasa statutory lien
`for waived fees and costs on any settlementor arbitration
`award of $10,000 or morein a civil case. The court's lien
`must be paid before the court will dismiss the case.
`
`
`
`1. The name and addressof the court is:
`(El nombre y direccién de la corte es):
`Civic Center Courthouse
`400 McAllister Street, San Francisco, CA 94102
`
`
`
`Una carta o una llamada telefonica no lo protege. Su respuesta por
`escrito tiene que estar en formato legal correcto si desea que procesen
`su caso en la corte. Es posible que haya un formulario que usted
`pueda usar para su respuesta. Puede encontrar estos formularios de la
`corte y mas informacion en el Centro de Ayuda de las Cortes de
`California (www.sucorte.ca.gov), en la biblioteca de leyes de su
`condado o en la corte que le quede mascerca. Si no presenta su
`respuesta a tiempo, puede perderel caso porfalta de comparecencia y
`se le podra quitar su sueldo, dinero y bienes sin mas advertencia.
`
`Hayotros requisitos legales. Es recomendable que llame a un abogado
`inmediatamente. Sino conoce a un abogado, puede Hamar a un
`servicio de remisién a abogados. Si no puede pagar a un abogado, es
`posible que cumpla con los requisitos para obtener servicios legales
`gratuitos de un programa de servicios legales sin fines de lucro. Puede
`encontrar estos grupos sin fines de lucro en el sitio web de California
`Legal Services, (www.lawhelpca.org/es), en el Centro de Ayuda de las
`Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto
`con la corte o el colegio de abogadoslocal.
`
`EXENCION DE CUOTAS:Si no puede pagar la cuota de presentacion,
`pida al secretario de la corte que le dé un formulario de exencidn de
`pago de cuotas. AVISO:Porley, la corte tiene derecho a reclamarlas
`cuotas y los costos exentos con un gravamen sobre cualquier monto de
`£10,000 6 mas recibido mediante un acuerdo o una concesi6én de
`arbitraje en un caso de derechocivil. Tiene que pagar el gravamen de
`la corte antes de que Ja corte pueda desestimarel caso.
`
`
`
`
`CUD.24-6748 10
`
`The name, address, and telephone number ofplaintiffs attorney, or plaintiff without an attorney, is: (E/ nombre, la direccién y el
`numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):
`Mark B. Chernev, Zacks & Freedman, PC, 601 Montgomery Street, Suite 400, San Francisco, CA 94111
`
`Form Adopted for Mandatory Use
`Judicial Council of California
`SUM-130 [Rev. January 1, 2024]
`
`SUMMONS—EVICTION
`(Unlawful Detainer / Forcible Detainer / Forcible Entry)
`
`Page 1 of 2
`Codeof Civil Procedure, §§ 412.20, 415.45, 1167
`www.courts.ca.gov
`
`

`

`PLAINTIFF (Name):FRG MV PINE, LLC
`
`CASE NUMBER:
`
`SUM-130
`
`
`
`
`DEFENDANT(Name): AHMED GAMAL, MAHA MANSOUR, and DOES 1-10, inclusive
`
`
`
`3.
`
`(Must be answeredin all cases) An unlawful detainer assistant (Bus. & Prof. Code, §§ 6400-6415) [x] didnot [| did
`for compensation give advice or assistance with this form. (If plaintiff has received any help or advice for pay from an
`unlawful detainer assistant, complete item 4 below.)
`4. Unlawful detainer assistant (completeif plaintiff has received any help or advice for pay from an unlawful detainer assistant):
`
`a. Assistant's name:
`
`b. Telephone no.:
`
`c. Street address, city, and zip:
`
`d. County of registration:
`
`€.
`Registration no.:
`DAEJA ROGERS
`f. Registration expires on (date):
`Clerk, by
`Date:
`APR 1 q 2024
`
`, Deputy
`
`
`(Secretari
`(Fecha)
`(Adjunto)
`
`
`(For proofof service of this summons, use Proof of Service of Summons (form POS-010).)
`(Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons(form POS-010).)
`NOTICE TO THE PERSON SERVED: You are served
`a.
`[__] as an individual defendant.
`b.
`[___] as the person sued underthefictitious name of (specify):
`c.
`[___] as an occupant.
`d. [| on behalf of (specify):
`under [| CCP 416.10 (corporation).
`[_] CCP 416.20 (defunct corporation).
`[___] CCP 416.40 (association or partnership).
`[__] CCP 415.46 (occupant).
`[___] by personal delivery on (date):
`
` e.
`
`[| CCP 416.60 (minor).
`[__] CCP 416.70 (conservatee).
`[___] CCP 416.90 (authorized person).
`[|_| other(specify):
`
`SUM-130 [Rev. January 1, 2024]
`
`SUNMMONS—EVICTION
`(Unlawful Detainer / Forcible Detainer / Forcible Entry)
`
`Page 2 of 2
`
`
`
`

`

`FILED
`
`Superior Court of Calffornia
`County of San Francisco
`APR 17 2024
`Mark B. Chernev (SBN 264946) .
`Lisa K. Padilla (SBN 225665)
`
`
`ZACKS & FREEDMAN, PC CLERK})RTHE SOURT
`601 MontgomeryStreet, Suite 400
`BY.
`San Francisco, CA 94111
`Tel:
`(415) 956-8100
`
`Pexe(d18) 288-9755
`
`Attorneys for Plaintiff,
`FRG MVPine, LLC
`
`|
`
`;
`
`Deputy Clerk
`
`DAEJA ROGERS
`
`0OYKDAHWBBwWNH
`
`SUPERIOR COURT — STATE OF CALIFORNIA
`COUNTYOF SANFRANCISCO — UNLIMITED CIVIL JURISDICTION
`FRG MVPINE,LLC,
`Case No.: C U D © 24 ~ 6 7 48 4 :
`Plaintiff,
`COMPLAINT FOR UNLAWFUL
`
`|
`
`_DETAINER
`
`AHMED GAMAL, MAHA MANSOUR,and
`DOES1-10, inclusive,
`
`oO~~DNONFRWDHPOKFDGDOOOHHDHTFBWOYP|SC
`
`
`
`
`
`ZACKS&FREEDMAN,PC601MONTGOMERYSTREET,SUITE400
`
`
`
`
`
`SANFRANCISCO,CALIFORNIA94111
`
`VS.
`
`Defendants.
`
`Plaintiff, FRG MV Pine, LLC, (‘Plaintiff’), alleges as follows:
`
`Plaintiff FRG MV Pine, LLCis a California limited partnership, licensed to do
`1.
`business in the State of California, and is in full compliance with the filing and publication
`requirements set forth in the Business & Professions Code. Plaintiff is the owner the premises
`located at, and commonlyreferred to as, 899 Pine Street, #1205, San Francisco, CA 94108
`(“Premises”) which is the subject ofthis action, also located within San Francisco County and
`
`Judicial District. Plaintiff does business under the name “The Pinnacle at Nob Hill”andis in
`
`full compliance with all fictitious name registration and reporting requirements. Plaintiff is
`
`authorized to bring this action.
`
`2.
`
`Defendants Ahmed Gamal and Maha Mansour,(“Defendants”) are each an
`
`individual over 18 years of age, who are residents of San Francisco, California, and whoare in
`
`possession of the Premises. Defendants currently occupy, or claim someright to occupy, the
`
`Premises.
`
` -l-
`COMPLAINT FOR UNLAWFUL DETAINER
`
`

`

`
`
`
`
`601MONTGOMERYSTREET,SUITE400
`
`ZACKS&FREEDMAN,PC
`
`
`
`
`
`SANFRANCISCO,CALIFORNIA94111
`
`3.
`
`Plaintiff does not know the true namesor capacities of defendants named herein
`
`as Does 1-10, andtherefore sues these defendants by fictitious names under the provisions of
`the Code of Civil Procedure §474. Plaintiff will amend this complaintto allege their true
`names and capacities whenascertained.
`_
`4,
`On or about August 23, 2021, Defendants entered into lease agreement
`(“Lease”) with Plaintiff for use ofthe Premises which was written. A true and correct copyof-
`that Lease agreementis attached as Exhibit A. Defendants have tendered rent to Plaintiff
`pursuant to that Lease. A landlord-tenant relationship therefore exists between Plaintiff and
`
`‘Defendants.
`5.
`
`.
`The terms ofthe Lease require Defendants to pay monthly rentfor the use and
`
`occupancy of the Premises in the amount of $3,550.42 and invoicedutilities as additional
`
`monthly rent, payable on or before the first day of each month.
`6.
`As of April 10, 2024, Defendants had failed to pay Plaintiff rent in the amount
`
`of $7,493.31 as due within a twelve-month period under the terms of the Lease, and for the
`
`period between March 2024 and April! 2024.
`
`7.
`On April 10, 2024, Defendants were served with a written three-day notice to
`pay rent or quit the Premises (“Notice”). The Notice required Defendantsto either deliver up
`possession of the Premises within three days after service (excluding weekendsand holidays)
`of the Notice or pay the rent demandedtherein within that same time. All facts stated in the
`|| Notice are true and correct. The Notice included an election of forfeiture. A true andcorrect
`copy of that Noticeis attached as Exhibit B. A true and correct copy of the Proof of Service
`regarding the Notice is attached as Exhibit C.
`|
`|
`8.
`On April 13, 2024 Plaintiff accepted from Defendants a partial paymentof the
`
`rent demandedin the Notice in the amount of $3,900 which wasactually received by Plaintiff.
`
`The difference between the amount demandedin the Notice and the paymentactually received
`
`is $3,593.31.
`
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`eeenmBSBWwNOYFCO
`YNwWKYNYNYKYNYDHHYYHYeIDAWnBwNHKYSewA
`
`n
`
`rh oo
`
` -2-
`COMPLAINT FOR UNLAWFUL DETAINER
`
`

`

`
`
`
`
`’ZACKS&FREEDMAN,PC601MONTGOMERYSTREET,SUITE400
`
`
`
`
`
`SANFRANCISCO,CALIFORNIA94111
`
`OooeDDNFPWY
`
`NOwoPHPHNYHNWDWPHNeSB&BReHRReBPRPeeoOosDNHNONBPWHYNYKHDODOoOHDHNHFPWYNYKFOS
`
`At the end of the day April 15, 2024, the Notice period had expired. Defendants
`9.
`failed to comply with the requirements ofthe Notice before the time of expiration, and
`
`Defendants remain in possession of the Premises without the authority or consentofPlaintiff.
`
`10.
`At the time the Notice wasserved, the amountof rent due for the period of
`March 2024 through April 2024 was $7,493.3 1. At the time ofthe expiration of the Notice,the
`difference between the amount demandedin the Notice and the paymentactually received was
`$3,593.31. The fait rental value for the Premises is $150 per day, and damages for the
`unlawful detainer of the Premises will accrue at that rate from April 16, 2024 until the date of
`
`||
`
`judgment.
`Defendants havefailed to pay the rent which the landlordis lawfully entitled
`11.
`under the written agreement between the tenant and the landlord.
`
`12.
`
`Defendants’ failure to pay the rent demandedin the Notice is not based on an
`
`inability to pay the rent because of the financial impacts of the COVID-19 pandemic as set
`forth in San Francisco Administrative Code Chapter 37.9(a)(1)(D), and Defendants’ failure to
`pay the rent demandedin the Notice did not arise out of a substantial decrease in household
`
`income(including, butnot limited to, a substantial decrease in household income caused by
`layoffs or a reduction in the number of compensable hours of work, or substantial out-of-
`
`pocket expenses), that was caused by the COVID-19 pandemic, or by anylocal,state, or
`federal government response to COVID-19, which was documented by Defendants.
`13.
`Plaintiff's dominant motive for recovering possession of the Premisesis that
`Defendants have failed to pay the rent which Plaintiff is lawfully entitled under the lease
`agreement between the Plaintiff and Defendants.
`
`WHEREFORE,Plaintiff prays for judgment against Defendants for:
`
`1,
`2.
`
`Restitution and possession of the Premises from Defendants;
`Forfeiture of the Lease:
`
`3. The balanceof the rent demandedin the Notice from Defendants;
`
`4.
`
`Unlawful detainer damages of $150 per day according to proof;
`
` -3-
`COMPLAINT FOR UNLAWFUL DETAINER
`
`

`

`1
`2
`
`5,
`6.
`
`Costs of suit herein incurred; and
`.
`Suchother and furtherrelief as the Courtmay deem just and proper.
`
`3 4|
`
`|DATE: April 17, 2024 | ZACKS & FREEDMAN,PC
`
`:
`c
`
`:
`
`Mark B. Chernev
`Attorneys for Plaintiff
`
`ORIGINAI
`ree
`
`rm
`
`
`~4.
`. COMPLAINT FOR UNLAWFUL DETAINER
`
`\
`
`5
`6
`
`7 8 9
`
`WNNYNYNYYWWYNNHNHeeeeeeeSeeBSoDTNWABPWHNYOFHCOSOBOfFDQNHBAHBWONYYFCO
`
`
`
`
`
`ZACKS&FREEDMAN,PC601MONTGOMERYSTREET,SUITE400SANFRANCISCO,
`
`CALIFORNIA94111
`
`

`

`
`
`ZACKS&FREEDMAN,PC.
`
`
`
`
`
`601MONTGOMERYSTREET,SUITE400
`
`
`
`
`
`SANFRANCISCO,CALIFORNIA94111
`
`—
`
`oOHNDUFFWLY
`
`NyNY&i)BROBONONRRO|aeeaoOoSNDAFPWONYKFK&ODOOODONDIDHAFPWN.KHO&O
`
`VERIFICATION
`
`i
`I, Mark Pantig, declare:
`.
`I am the authorized agent for FRG MV Pine, LLC,Plaintiffin this action; and Iam
`authorized to execute this Verification and bring this Complaint.
`I have read the foregoing
`Complaint for Unlawful Detainer.
`I am informed and believe that the matters statedtherein are
`trueofmy own knowledge, except as to the matters which are therein stated on information or
`belief, and as to those matters, I believe them to be true.
`I declare under penalty ofperjury
`underthe laws ofthe State ofCaliforniathattheforrgoing is true and correct, and tathis was
`executed in San Francisco, California on AptUb, 2024,
`:
`
`rate
`peertect :
`
`Leco <eife :
`LG.“Lo a
`Mark Pantig
`
`FAX SIGNATURE -5-
`
`COMPLAINT FOR UNLAWFUL DETAINER
`
`

`

`EXHIBIT A
`
`

`

`San Francisco Apartment Association Residential Tenancy Agreement
`
`1.
`
`
`
`FRG MV Pine LLC dba The Pinnacle at Nob Hill (Owner) rents to: Ahmed Gamal and Maha
`INTRODUCTION
`
`Mansour("Tenant") and Tenant agrees to rent 899 Pine Street #1205, San Francisco, CA $4108, California, (the
`"Premises"). No other portion of the Building (the "Building"), where the Premisesis located, is included for lease unless
`expressly provided for in this Residential Tenancy Agreement (the "Agreement"). The Premises is provided as
`Unfurnished or Q Furnished (See attached Furniture Inventory). The appliances provided at inception of the tenancy are
`described as
`Dishwasher & Garbage Disposal & Microwave
`
`Range/Oven
`
`Refrigerator Q Washer/Dryer
`
`The term ofthis rental shall begin on August 23, 2021 and end on August 31, 2022, and thereafter shall be
`2. TERM
`month-to-month on the same terms and conditions as stated herein, save any changeslawfully made until terminated.
`
`If Owneris unable to deliver possession of the Premises at the commencementof term,
`3. PHYSICAL POSSESSION:
`Ownershall not beliable for any damaged caused thereby, nor shall this Agreement be void or voidable, but Tenantshall
`not beliable for any rent until possession is delivered.
`
`Theinitial monthly base rent for the Premises shall be US $3,550.00. All rent is due and payable in advance on
`4. RENT:
`the 1st day of each and every month (the "Due Date") without offsets, deductions or credits. All rent shall be payable to
`Owneror such other person as Ownershall designate in writing. Tenant agrees always to pay rent by personal check,
`cashier's check, or money order and not use cash unless specifically requested by Owner. Rent shall be paid to Ownerat
`the following address 899 Pine Street, San Francisco, CA_94108 during normal business hours, or at such other place
`designated by Owner. In the event of roommates, or another form of multiple occupancy, Tenant understands and agrees
`that rent shall be paid with a single paymentandthatit is up to Tenantto collect individual checks independently in order
`to submit in a combined, single payment. Nothing in this Paragraph shall be construed as a direction by Owner to make
`paymentin a particular manner; instead, it is a promise by Tenant to pay in the mannerset forth herein. Tenant bears the
`risk of loss or delay of any payment made by mail. Owner must receive mailed rent payments on or before the Due Date.
`Rent for any partial month shall be prorated at the rate of 1/30th of the monthly rent per day. Owner may apply any
`payment made by Tenantto any obligation of Tenant to Ownernotwithstanding any dates or other direction from Tenant
`that accompanies such payment. Any attempt by Tenant to allocate a paymentin any other way shall be null and void,
`including the use or application of restrictive endorsement on the face of any check. Ownerwill accept rent payments only
`from the actual Tenant(s). No third party checkswill be accepted, nor shall Ownerbeliable to Tenant in any way as a
`result of refusing any third party check. Should Owner elect to accept a third party check such acceptance shall not be
`construed as a waiver ofthis provision.
`
`Before the commencementof the term, Tenant shall pay a security deposit of $1,000.00 (the
`5. SECURITY DEPOSIT:
`"Security Deposit") for the purposes set forth in Civil Code Section 1950.05. No trust relationship between Owner and
`Tenant is created because of the Security Deposit and Owner may commingle the Security Deposit with other funds of
`Owner. Owner may retain such amounts of the Security Deposit as allowed by law including, but notlimited to, amounts
`required to remedy future defaults by Tenant in any obligation under this Agreementto restore, replace, repair, or return
`personal property or appurtenances, exclusive of ordinary wear and tear. Ownershall, within the time period allotted by
`law, refund any balance after such deductions, to Tenant, after Tenant has vacated the Premises. Tenant shall not be
`deemed to have vacated the Premises for purposes of this Paragraph until a) Tenant returns to Ownerall keys to the
`Premises, and b) Tenant has surrendered the Premises to Owner free and emptyofall persons claiming any right to
`posses the Premises. Any balance of the Security Deposit and an Accounting of any deductions therefrom will be mailed to
`Tenant at the Premises unless Tenant provides, in writing to Owner, a mailing address to which the balance,if any, of the
`Security Deposit and the accounting should be sent. Owner's check or other draft refunding any balanceof the Security
`Deposit maybe madein the nameofany orall of the original Tenants regardless of the party whoin fact made the deposit
`and regardlessof the identity of the persons then occupying the Premises. Tenant may not apply the Security Deposit, or
`any portion thereof, to the last month's rent.
`If required by law, Ownershall pay to Tenant simple interests as directed by
`such law, less deductions, on the amount held as a Security Deposit, provided this tenancy does not terminate before the
`Security Deposit has been held for one (1) year. Said paymentof interest shall be made once a year commencing with the
`date of the Security Deposit has been held for a year. Upon Tenant's surrenderof the Premises, Owner may use from the
`accrued unpaid interest such amounts as are necessary for the purposes. Accrued unpaid interest or balance thereof, if
`any, shall be mailed to the Tenant's last known address in the same manneras anyrefund of the Security Deposit.
`Owner mayincrease the Security Deposit to the maximum allowed by law at any time with notice. The parties agree that
`the Security Deposit is not rent and therefore not subject to any local rent control law.
`If Owner applies any portion of the
`Security Deposit to any obligations of Tenant at any time during the tenancy, Tenant must, upon thirty (30) days written
`notice, reinstate the Security Deposit to its full original amount. Owner may apply the Security Deposit during the term of
`the tenancy for any purpose allowed by law, and in such case, upon thirty (30) days' written notice to tenant, Tenant shall
`restore the Security Deposit to the full amount provided herein.
`
`

`

`INITIAL AMOUNTS DUE:
`
`J
`
`The following initial amounts are due underthis Agreementas specified:
`CATEGORY |.BALANCE DUE|BALANCE DUETOTAL DUE PAYMENT. RECEIVED TO.
`
`
`
`y
`DATE BY LANDLORD
`~
`|
`DATE
`$1,000.00
`_
`8/23/2021
`$0.00
`8/23/2021
`
`Prorated Rent from 8/23/2021
`
`$1,000.00
`$1,065.00
`
`$0.00
`$1,065.00
`
`
`
`
`
` Security Deposit
`
`
`
`
`
`
`
`$1,775.00
`$101.88
`
`$391.88
`
`
`The payments described above must be made by:XMoney Order&Cashiers Check QO) CashQOPersonal Check
`
`through 8/31/2021.
`If any concessions have been
`granted to Resident for any portion
`of this time period, the amount
`aboveis the Prorated Base Rent
`
`due after application of the
`concession amount.
`
`
`
`One-Time Concession (First Month)
`Application Fee
`
`TOTAL
`
`$0.00
`$101.88
`$1,101.88
`
`-$1,775.00
`8/23/2021
`$0.00 P|
`$-710.00
`8/23/2021
`
`
`
`
`Thefollowinginitial amounts are due underthis Agreement as specified:
`2ND MONTH AMOUNTSDUE.
`BALANCE DUE
`
`
`CATEGORY TOTAL DUE|PAYMENT RECEIVED — BALANCEDUE|
`.
`_
`DATE
`Base Rent from September1,
`
`2021 through September 30, 2021.
`If any concessions have been
`granted to Resident for any portion
`of this time period, the amount
`aboveis the Base Rent due after
`
`
`
`
`
`$3,550.00
`
`9/1/2021
`
`
`
`$3,550.00
`
`
`
`
`
`
`
`
`
`
`
`
`9/1/2021
`$3,550.00P| $3,550.00
`TOTAL
`The payments described above must be made by:XMoney Order&Cashiers Check C)Cash QO Personal Check
`
`the application for the concession
`amount.
`
`Pursuantto Civil Code 1785.26, Tenant is hereby notified that a negative credit report reflecting on
`6. FAILURE TO PAY:
`Tenant's credit record may be submitted to accredit reporting agency if Tenant fails to fulfill the terms of their credit
`obligations, such asthe financial obligations of this Agreement.
`
`Tenant and Owneragree that Ownerwill sustain costs and damageas a result of any late payment
`7. LATE PAYMENTS:
`of rent but that it will be impracticable or extremely difficult to fix the actual damage. Therefore, the following sum
`represents a reasonable and fair estimate by Owner and Tenant of the actual damage that would be sustained. Tenant
`agrees to pay a late charge equal to US $50.00 for any payment of rent not received by Ownerwithin 3 calendar days of
`the Due Date. The provision of payment of a late charge does not constitute a grace period, and Owner may serve a
`Three-Day Notice to Pay Rent or Quit on the day after the Due Date. Owner and Tenant agree that Tenant paying rentlate
`on 3 separate occasions within any 12-month period shall constitute habitual late payment of rent. The late charge
`shall be imposed for failure to pay any portion ofthe rent, including those portions allocated to parking and storage.
`8. RETURNED CHECKS:=Tenant and Owneragree that Ownerwill sustain costs and damageas a result of a check which
`is not honored by the bank on which it is drawn, for any reason, butit will be impracticable or extremely difficult to fix the
`actual damage.Therefore, the following sum represents a reasonable and fair estimate by Owner and Tenant ofthe actual
`damage that would be sustained. Tenant agrees to pay to Ownerthe additional sum of US $35.00 as a reimbursementof
`the expenses incurred by Owner. A dishonored check shall constitute late payment of rent. Such charges shall be
`immediately due and payable upon notice to Tenant. Failure to immediately pay the charges shall constitute a default
`underthe terms of this Agreement. Ownerreservesthe right to demand paymentof rentby certified funds, cashier's check
`or moneyorder for all future payments in the event of any such returned check or any other monetary default Tenant and
`rent tendered in any other form may be refused by Owner. Nothing in this Paragraph shall limit other remedies available to
`Owners as a payee of a dishonored check. Owner and Tenant agree that three (3) returned checks in any twelve (12)
`month period shall constitute a frequent return of checks due to insufficient funds and may be considered just cause for
`eviction.
`
`

`

`10.
`
`11.
`
`12.
`
`13.
`
`14,
`
`15.
`
`16.
`
`This Agreement is between Owner and each named Tenant whois a signatory to this
`PARTIES TO AGREEMENT:
`Agreement, individually and severally. Named signatory Tenants are jointly and severally responsible for the performance
`of their obligations under this Agreement, including the payment of rent until such time as the tenancyin its entirety is
`terminated and the Premisesrelinquished to Owner, regardless of whether any named Tenant occupies the Premises.
`
`Each person who signs this Agreement, whether or not said person is or remains in
`INDIVIDUAL LIABILITY:
`possession of the Premises, shall be jointly and severally responsible for the full performance of each and every obligation
`of this Agreement,
`including, but not limited to, the payment of all rent due and the paymentof all costs to remedy
`damages to the Premises, regardless of whether such damages were caused by Tenant, tenant's guests, or Tenant's
`invitees. This joint and severalliability applies for as long as any one of the Tenants remains in possession.
`
`Tenant(s) named in Paragraph 1 of this Agreement and no othersis the only “original occupant" who
`OCCUPANCY:
`took possession of the Premises pursuant to this Agreement. "Original occupant" can only be the person or persons, who
`took occupancyof the Premises at the inception of the tenancy. All other persons whoare not “original occupants" shall be
`considered "subtenants”. Tenant may have guests on the Premises for no more thanfifteen (15) consecutive daysorthirty
`(30) days in a calendar year, and no more than two (2) guests per bedroom at any onetime. Persons staying more than
`fifteen (15) consecutive days or more thanthirty (30) days in a calendar year shall not be considered original occupants of
`the Premises. Tenants must obtain the prior written approval of Ownerif an invitee or guest of Tenant will be presentat the
`Premises for more than fifteen (15) consecutive days or thirty (30) days in a calendar year. Violation of the provisions of
`this section shall be deemed a substantial and material breach of this Agreement and is agreed to be a just cause for
`eviction.
`
`Tenant has been provided a Move-In/Move-Out Itemized Statement. Furnishings,
`INSPECTION OF PREMISES:
`equipment, plumbing, heating and electrical systems including smoke detectors, where applicable, are operative and are
`deemedsatisfactory by Tenant unless Owneris notified in writing by Tenantto the contrary. Thefailure by Tenantto return
`to Owner an acknowledged copyof the Move-In/Move-Out Itemized Statement within 48 hours after Tenant movesin shall
`be an acknowledgement by Tenant that Premises are habitable and in good condition.
`
`The Premises shall be used as a permanent, full time dwelling for residential purposes only and for no other
`USE:
`reason. No retail, commercial, or professional use of the Premises shall be made, unless such use conforms with
`applicable zoning laws and the prior written consent of Owneris obtained in advance of such proposed use. Tenants may
`not store any personal property outside of their assigned dwelling unit unless otherwise allowed by the terms herein.
`Ownerhasthe right to remove any unlawfully stored items or personal property without notice. You are required to obtain
`and maintain RENTER'S INSURANCEwith minimum liability of at least $100,000.00 per occurrence and a maximum
`deductible of $500.00.
`
`Tenant shall not commit, nor permit to be committed, any waste or nuisance upon, in, or about the
`NUISANCE:
`Premises, nor shall Tenant create or permit a substantial interference with the comfort, safety and enjoyment of Owner
`and/or other occupants of the Building or their guest or invitees.
`
`Tenant is responsible for any fines or other costs occasioned byviolations of the law by
`FINES AND PENALTIES:
`Tenant or Tenant's guests on the Premises or property while Tenantis in possession. If any such fines or costs are levied
`against Owner/Agent, tenant agrees to pay suchfines or costs attributed to Tenant's tenancy or the conduct of Tenant,
`tenant's guests or others at the Premises, upon receipt of an invoice from Owner/Agent. The obligation to pay fines and
`costs assessed against Owner/Agent maybein addition to any assesseddirectly against Tenant.
`ASSIGNMENT & SUBLETTING:
`
`[A] No Assignment or Subletting: Except as Owneris required to permit by law, Tenant may not assign this Agreement or
`sublet the Premises or any portion of the Premises. This obligation of Tenant is intended as a strict and absolute
`prohibition against subletting and assignment and may not be waivedbyeither party.If for any reasonthis prohibition
`is deemed to be invalid,g-unenforc
`ble, then Paragraph 16 (b) shall apply.
`TenantInitial Here: _22<4
`
`[B] Consent to Assignment or Subletting Required: Tenant agrees and covenants notto assign this Agreementor sublet
`the Premises or any portion of the Premises withoutfirst obtaining the prior written consent of Owner. This obligation
`may not be waived by either party. Only when Tenant requests consent to sublet or assign under Section 14(B) or
`wheneverthe law requires Ownerto reasonably give consent to a request to sublet or assign (e.g. where the lease or
`rental Agreementspecifies the numberof tenants to reside in a Premises, or where the new occupantis the spouse or
`domestic partner, child, parent, grandparent, siblings or the spouse or domestic partner- as defined in San Francisco
`Administrative Code Sections 62.1 through 62.8 - of such relatives), the following provisions shall apply:
`a. Any requests to sublet must comein writing from Tenant before Subtenant takes occupancy of the Premises. The
`request must be given bycertified mail or hand delivered to Ownerat the place for giving notices as set forth in this
`Agreement.
`b. Any requests for subletting or assignment must be on the basis of a one-for-one replacement of the departing
`
`

`

`17.
`
`18.
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`Tenant(s). Tenant may only request replacementof a departing Tenant or Tenants with an equal, or fewer, number
`of new Tenants.
`in the
`c. Proposed Subtenantor Assignee, if requested by Owner, must complete Owner's standard application, or,
`event Ownerfails to provide an application or has no standard application form, proposed Subtenant or Assignee
`must, upon request, provide sufficient information to allow Ownerto conduct a typical background check, including
`credit information, income information, references, and backgroundinformation.
`d. The Tenant must provide Ownerfive (5) business days to process proposed Subtenant's or Assignee's application.
`e. Proposed new Subtenant or Assignee must meet the regular reasonable application standards of Owner.
`f. Tenant must not, without good cause, request Owner's consent to a new Subtenant or Assignee more than one
`time per existing Tenant residing in the Premises during the previous twelve (12) months.
`AGI
`TenantInitial Here:
`(uncial a
`
`Smoking is not permitted in the Premises or in any other area of the Building. Tenant shall inform his or her
`SMOKING:
`guest of this smoking prohibition. Tenant shall promptly notify Ownerin writing of any incident where tobacco smokeis
`migrating into the Premises from sources outside of the Premises. Tenant acknowledges that Owner's adoption of this
`policy does not make Owner guarantor of Tenant's health or of the smoke-free condition of the areas listed above.
`However, Ownershall take responsible steps to enforce this provision. Owner shall not be required to take steps in
`response to smoking unless Ownerhas actual knowledge or has been provided written notice. Owner and Tenant agree
`the other Tenants of the Building are the third party beneficiaries of this provision. A Tenant may sue another Tenantto
`enforce this provision but does not have the right to evict anothe