Fill and Sign the Complaint for Rent Form

-1- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 (Name, Address Of Party or attorney) _____________________________ _____________________________ _____________________________ State Bar No: __________________ (____) _____ - _________________ Attorney for _______ (Or "In Pro Per") SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ________ PLAINTIFF(S) NAMES )CASE NO.: _______Plaintiffs ) ) v) ) DEFENDANT(S) NAMES ) Defendants) ) ---------------------------------------------------------------- COMPLAINT FOR RENT Plaintiff complains and for causes of action alleges as follows: I. 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.] II. 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]. III. -2- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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.] IV. 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. V. 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. VI. __________ [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.] VII. -3- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 Defendants entered into possession of the premises on __________ [date], and paid the monthly rent pursuant to the lease terms from __________ [date] to __________ [date]. VIII. __________ [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.] IX. 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. X. 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]. XI. Plaintiff has not terminated defendants' rights to possession of the premises nor has plaintiff terminated the lease. XII. -4- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 Plaintiff has continued to perform all obligations and covenants plaintiff is obligated to perform under the lease. XIII. 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. XIV. __________ [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:Rent in the amount of $__, representing rent due for the periods __________ [date] to __________ [date] and interest on this amount calculated at the legal rate;__________ [If applicable: Reasonable attorney fees];Costs of this suit; andAny other and further relief the court considers proper. DATE: ____________________ ____________________ (Signature) VERIFICATION -5- 1 2 34 5 6 7 8 9 101112 13 1415 16 17 18 19 20 21 22 2324 25 262728 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 , California. DATE: ____________________ ____________________ (Signature)