Complaint for Rent

COMPLAINT FOR RENT

COMPLAINT FOR RENT

Plaintiff complains and for causes of action alleges as follows:

I.

Plaintiff, , 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 located at and further described as .

III.

Defendants, , 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.

On or about , 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 at the agreed monthly rent of $ payable in advance on the first day of each month commencing on and terminating on . A copy of the lease agreement is attached to this complaint as Exhibit and is incorporated by reference.]

VII.

Defendants entered into possession of the premises on to , and paid the monthly rent pursuant to the lease terms from .

VIII.

Defendants failed to pay plaintiff the monthly rent on , and have failed to pay to plaintiff any part of the rent owing on or becoming due since that date. Further, on , 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 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 that defendants are permitted to .

XI.

Plaintiff has not terminated defendants' rights to possession of the premises nor has plaintiff terminated the lease.

XII.

Plaintiff has continued to perform all obligations and covenants plaintiff is obligated to perform under the lease.

XIII.

Since , 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 to plus interest on that amount calculated at the legal rate.

XIV.

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 to and interest on this amount calculated at the legal rate;
• ;
• Costs of this suit; and
• Any other and further relief the court considers proper.

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 , California.