SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
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- [DEFENDANT(S) NAMES]
- Defendants
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-
- ________________________________
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- CASE NO: _______
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- COMPLAINT FOR RENT
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Plaintiff complains and for causes of
action alleges as follows:
1. Plaintiff, __________ [name], is
an individual and is
now and at all times mentioned in this complaint was, a resident
of __________ County, California. __________ [If plaintiff is
other than natural person, set forth capacity, such as:
Plaintiff is now, at all times mentioned in this complaint was,
a partnership doing business under the fictitious name
__________, with its principal place of business in __________
County, California.]
2. Plaintiff is now and at all times
mentioned in this
complaint was, the owner of __________ [specify type of premises
or property] located at __________ [set forth full address and
location] and further described as __________ [set forth legal
description].
3. Defendants, __________ [names], are
now, and at all
times mentioned in this complaint were, individuals residing
in
__________ County, California. __________ [If tenant is other
than natural person, set forth capacity and principal place of
business, such as: Defendant is now, and at all times mentioned
in this complaint was, a corporation organized and existing
under the laws of the State of California, with its principal
place of business in __________ County, California.]
4. Plaintiff does not know the true
names of defendants
DOES 1 through 25, and therefore sues them by those fictitious
names. Plaintiff is informed and believes, and on the basis of
that information and belief alleges, that each of those
defendants was in some manner legally responsible for the events
and happenings alleged in this complaint and for plaintiff's
damages. The names, capacities and relationships of DOES 1
through 25 will be alleged by amendment to this complaint when
they are known.
5. Plaintiff is informed and believes,
and on that basis
alleges, that at all times mentioned in this complaint,
defendants were the agents and employees of their codefendants,
and in doing the things alleged in this complaint were acting
within the course and scope of that agency and employment.
6. __________ [Set forth nature of lease
or rental
agreement, such as: . On or about __________ (date), plaintiff
and defendants entered into a written lease for the premises
described in paragraph __, under the terms of which plaintiff
leased the premises to defendant for the term of __________
(specify, such as: 1 year) at the agreed monthly rent of $__
payable in advance on the first day of each month commencing
on
__________ (date) and terminating on __________ (date). A copy
of the lease agreement is attached to this complaint as Exhibit
__ and is incorporated by reference.]
7. Defendants entered into possession
of the premises on
__________ [date], and paid the monthly rent pursuant to the
lease terms from __________ [date] to __________ [date].
8. __________ [Set forth details of
breach and
abandonment, such as: Defendants failed to pay plaintiff the
monthly rent on __________ (date), and have failed to pay to
plaintiff any part of the rent owing on or becoming due since
that date. Further, on __________ (date), without plaintiff's
consent or agreement, and contrary to the term of the lease,
defendants vacated and abandoned the premises.]
9. The lease described in paragraph
__ and attached to
this complaint as Exhibit __ specifically provides in __________
[section __ or article __ or as the case may be] that even
though defendant has breached the lease and abandoned the
property, the lease will continue in effect for so long as
plaintiff does not terminate the defendants' rights to
possession, and that plaintiff may enforce all plaintiff's
rights and remedies under the lease, including the right to
recover rent as it becomes due under the lease.
10. Further, the lease provides in __________
[specify
sections or articles or as the case may be] that defendants are
permitted to __________ [specify those provisions of CC Section
1951.4(b)(1)-(3) applicable, such as: sublet the property or
assign their interests or both].
11. Plaintiff has not terminated defendants'
rights to
possession of the premises nor has plaintiff terminated the
lease.
12. Plaintiff has continued to perform
all obligations and
covenants plaintiff is obligated to perform under the lease.
13. Since __________ [date], defendants
have failed to pay
rent due and owing under the terms of the lease. As a proximate
result of defendants' failure to pay rent plaintiff has been
damaged in the amount of $__ which represents rent due and owing
for the period __________ [date] to __________ [date] plus
interest on that amount calculated at the legal rate.
14. __________ [If applicable, allege
lease provision
providing for recovery of attorney fees.]
WHEREFORE, plaintiff requests the court
enter a judgment
against defendants and each of them, awarding plaintiff:
1. Rent in the amount of $__, representing
rent due for
the periods __________ [date] to __________ [date] and interest
on this amount calculated at the legal rate;
2. __________ [If applicable: Reasonable
attorney fees];
3. Costs of this suit; and
4. Any other and further relief the
court considers
proper.
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DATED: _______________ |
__________________________________________ |
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(Signature) |
VERIFICATION
I, ___, am a ___in the above-entitled
action. I have read the foregoing ___and know the contents
thereof. The same is true of my own knowledge, except as to those
matters which are therein alleged on information and belief,
and as to those matters, I believe it to be true.
I declare under penalty of perjury that
the foregoing is true and correct and that this declaration was
executed at Long Beach, California.
DATED: _________________ ___________________________________
