You are on page 1of 7

Sam Yousefian

May 6, 2020

Britney Harner
Address

RE: Sam Yousefian- Office Lease

Dear Ms.Harner,

In the interests of bringing the issue between Western Management Properties and Mr.
Yousefian, to a quick and just conclusion, Mr. Yousefian is willing to exercise the Layoff and
Downsizing Protection option listed on page 31 of the lease. Accordingly, Mr. Yousefian will
compensate Eastown Apartments for the entirety of April’s rent (totaling $18,347.01). This offer
is conditioned upon Eastown Apartments, through Western Property Management, released Mr.
Yousefian from the remainder of the lease. This offer is conditioned on acceptance of offer,
through email or certified mail, on or before 12:00 p.m. May 16st, 2020.
As you recall, on April 1, 2020, Mr. Yousefian reached out in an email, informing you that
due to the COVID-19 pandemic coupled with Governor Newsome’s mandatory lockdown of
non-essential businesses, Mr. Yousefian’s business was required to close. In a return email
(attached as exhibit 1) dated April 3, 2020, you stated the following:
“Hello Sam, your ledgers are attached. Please review them and let me know if you
have specific questions. Your layoff protection plan was approved, which waives
your termination fee and lets you out of your lease with a 30-day notice without
penalty.”
In response to your email, Mr. Yousefian stated the following (attached as exhibit 2):
“Hi Britney, we are fully moved out of 3008 and 3006 and into storage. All of my
12 employees are now working from home. As far as paying rent for April
through the end of the lease, I would like to be released due to the Cornavirus
disaster. Since there is no force majeure I would like to use California Civil Code
1511.”
However, on April 13, 2020 (attached as exhibit 3), prior to Mr. Yousefian affirmatively
accepted or rejecting the Layoff Downsizing Protection Plan, Ms. Harner stated the following:
“You dropped off keys last Thursday to Jameson and you’ll be charged rent through that day as
well as until someone else lease your home or until the end of your lease term.”
Furthermore, not only did Ms. Harner completely disregard the signed written lease allowing
Mr. Yousefian to exercise the Layoff Downsizing Protection Plan after already stating that Mr.
Yousefian had been approved for this plan, she also sent Mr. Yousefian a bill for the full term of
lease (totaling over $50,000). As I am sure you are aware, the lease agreement constitutes the
entire agreement between the lessor and the lessee. No modification of this agreement is binding
on either party unless the modification is in writing and signed by both parties. Nevertheless, sale

1
associates at Eastown Apartments attempted to force Mr. Yousefian to sign an addendum
(attached as exhibit 4) severely limiting the rights included in the original lease.
It is our sincere intention to settle this matter amicably, however if this matter is not settled,
Mr. Yousefian is confident about his ability to litigate the current issue and other legal violations
Eastown Apartments has committed throughout the lease process. These other issues include: (1)
attempting to modify the lease with an addendum and when Mr. Yousefian failed to sign the
addendum, legal representatives of Eastown illegally contacted Mr. Yousefian attempting to
intimidate Mr. Yousefian rather than contacting his disclosed legal counsel; (2) Ms. Harner’s
blatant disregard of the Layoff Downsizing Protection Plan; (3) Ms. Harner’s disregard that Mr.
Yousefian was approved for the Layoff Downsizing Protection Plan; (4) Prior to Mr. Yousefian
affirmatively accepting or rejecting the Layoff Downsizing Protection Plan, Ms. Harner stating
that Mr. Yousefian was responsible for the rent payments until a new tenant is found; (5) Prior to
making a good-faith attempt to re-let Mr. Yousefian’s units, Ms. Harner instead sends Mr.
Yousefian a bill for the entirety of the remaining five-months of the lease.
In the interests of a speedy and just end to this issue without incurring significant litigation
costs, we look forward to your affirmative response. However, if Mr. Yousefian’s offer is not
accepted, he is confident about his ability to litigate his multiple claim. Given the recent
successful class-action lawsuit against Western Management Properties, it is likely in both
parties’ best interests to avoid litigation.

Sincerely,

Sam Yousefian

2
Exhibit 1

Exhibit 2

Exhibit 3:

3
Exhibit 4:
LIVE/WORK LOFT ADDENDUM
(MIXED USE UNIT)

This addendum is made part of the Rental Agreement(“Agreement”) dated _________________________________, between
____________________________________________________________________________________ (“Resident”) and Eastown
(“Landlord”) at 6201 Hollywood Blvd, Los Angeles, CA 90028 If the Agreement conflicts with this addendum, this addendum will prevail,
except that any provision which is manually typed or handwritten will prevail over any pre-printed provision.

1. Live/Work Units. Some of the units in the Community are live/work units which can be used for both residential and business
purposes. Resident’s unit is a live/work unit. This addendum documents and addresses issues relating to the mixed use nature of the
Premises.

2. Use. (a) Allowed Uses. Resident may use the Premises only for (1) residential uses and (2) operating a ____________ [describe
agreed upon use, e.g., an insurance office. Allowable uses includes offices for accountants; architects; artists and artisans; attorneys;
computer software and multimedia related professionals; consultants; engineers; fashion, graphic, interior and other designers; insurance,
real estate and travel agents; photographers and other similar occupations as determined by the Zoning Administrator, provided that the
commercial uses are permitted by the underlying zone] (“the business”), provided that Resident’s use must be consistent with the
restrictions below. Resident may not use the Premises for any other purpose without Landlord’s written consent. Consent will be granted
or denied at Landlord’s sole and absolute discretion based on Landlord’s assessment of factors including (but not limited to) whether (1) the
proposed use is legal, (2) the proposed use would be compatible with living conditions of other Residents’ within the Community and other
Community retail tenants and (3) the burden that the proposed used would add to the Community, including but not limited to parking
burden, trash, water usage, etc.. Specific business uses that will not be approved by Landlord include (but are not limited to):
(1) any use that competes with current or future retail tenants in the Community (however, Landlord is not guaranteeing or
warranting to Resident that other retail tenants in the Community will not compete with Resident’s business )
(2) any use requiring a kitchen, sink, and/or bathroom facilities;
(3) businesses that operate between 10 p.m. and 8 a.m.;
(4) any use that may potentially generate noise and/or odors that may be objectionable to other residents of the Community,
such as restaurants and nail salons,
(5) any use that may be objectionable in other ways to other residents of the Community;
(6) any use that may potentially add a significant burden to the Community development;
(7) any other use which is not permitted under applicable law.

Resident’s use of the Premises must be in compliance with all applicable laws. Zoning limitations allows the following occupations only: 
accountants; architects; artists and artisans; attorneys; computer software and multimedia related professionals; consultants; engineers;
fashion, graphic, interior and other designers; insurance, real estate and travel agents; photographers and other similar occupations as
determined by the Zoning Administrator, provided that the commercial uses are permitted by the underlying zone. Other limitations are
specified in California Building Code §419.1.  Among other things, this provision of the Building Code limits the number of employees to 5.

Resident acknowledges that neither Landlord nor any agent of Landlord has made any representation as to the suitability of the Premises
for Resident's intended use, and that Resident is responsible for obtaining any necessary government permits and approvals required as a
result of Resident’s business use of the Premises.

(b) Garage/Parking Space. The garage or parking space (if any) for the Premises may not be used for a business or for storage. It
may be used to park passenger vehicles only.

(c) Common Areas. Common areas within the Community may not be used for any business purpose. Without Landlord's prior
written consent, Resident may not display or sell merchandise outside the Premises. Resident may not conduct any auction at the Premises,
whether voluntary, involuntary, or in connection with any solvency proceeding. Resident may not solicit business in parking or other
common areas, nor may Resident distribute any handbills or other advertising matter in automobiles parked in the parking area or in other
common areas.

(d) Parking. Residents and guests must obey all posted signs at the Community. Guests and customers may not park in the
residential portion of the parking facility at the Community. Guests and customers may park in the commercial portion of the parking
facility.

4
3. Signs, Windows and Aesthetics. Without Landlord's prior written consent, Resident may not place any awnings, signs or posters on
the exterior of the Premises or in the windows of the Premises, nor may Resident alter the Premises or change the color or exterior
appearance of the Premises without Landlord's prior written consent. If Landlord grants its consent, Resident agrees to maintain awnings,
signs or posters or other alterations in good condition at all times and agrees to remove them at the termination of Resident’s tenancy
unless otherwise instructed by Landlord. Landlord may require that any and all alterations made to the Premises by Resident be made by
Landlord's contractor. If Landlord selects a standard window covering and color for use throughout the Community, Resident will use this
standard window covering for any windows Resident must cover. The view from the sidewalk into the first floor of the Premises must be
maintained in a manner that is not aesthetically objectionable in Landlord’s sole discretion. Resident must obtain Landlord approval for any
signage, at Landlord’s sole discretion. Signage may not exceed 24 inches in width and 24 inches in length. Resident will be responsible for
all sign costs, and must obtain any necessary governmental permits at Resident’s sole expense.

4. Maintenance. Resident must regularly clean the first floor windows (both interior and exterior). Landlord will provide janitorial
services to Community common areas, but will not provide any janitorial services to the Premises.

5. Improvements and Alterations1. Resident may not make alterations or improvements to the Premises without advance written
Landlord approval. Approval or disapproval will be provided in Landlord’s sole discretion. If approval is provided, it will be conditioned on
the following:

(a) The improvement or alteration must be installed by a contractor licensed by the California State Contractor’s License Board.
The contractor must be pre-approved by Landlord.

(b) Resident must obtain any necessary governmental permits or approvals required for the installation and all construction must
be made in compliance with all governmental requirements, permits, rules, laws and regulations.

(c) Improvements or alterations must be installed in a workmanlike manner with good and sufficient materials. Resident's
contractor (and any subcontractor used by Resident's contractor to perform the construction) must guarantee that the
contractor’s labor and materials will be free from defects in workmanship and materials for a period of at least one (1) year from
the date construction is completed. All warranties or guarantees must be contained in Resident's agreement with each
contractor, and Resident will require each contractor to include the warranties or guarantees in each subcontract, and all
warranties or guarantees will be written to inure to the benefit of both Resident and Landlord. Resident will give Landlord any
assignment or other assurance necessary to perfect the right (but not the obligation) to enforce the guarantees and warranties.

(d) Resident's contractor (and  any subcontractor used by Resident's contractor to perform the construction) must  comply with
all governmental rules and  regulations,  including  applicable OSHA standards and (2) carry workers' compensation and public
liability insurance  (including property  damage),  with limits and in a form approved in advance by Landlord and issued  by
insurance  companies  approved  in  advance by Landlord.  Before construction begins, Resident and/or the contractors and
subcontractors (if any) will deliver to Landlord certificates and endorsements evidencing the required insurance coverage.

(d) Resident must pay all claims for labor or materials furnished or alleged to have been furnished to or for Resident at or for use
on the Premises when due. Resident will give Landlord at least10 days’ notice prior to the commencement of any work in, on or
about the Premises, and Landlord will have the right to post notices of non-responsibility at Resident’s expense. Resident must
keep the Premises and the Community free from any liens arising out of work performed, materials furnished or obligations
incurred by Resident and will indemnify, hold harmless and defend Landlord and Landlord’s related parties (past and present
subsidiary corporations, affiliates, successors, assigns, officers, directors, community managers, agents, attorneys, employees and
representatives) from any liens and encumbrances arising out of any work performed or materials furnished by, or at the direction
of, Resident. If Resident contests the validity of any lien, claim or demand, then Resident will, at Resident’s sole expense defend
and protect Resident, Landlord, Landlord’s related parties and the Premises against the same and will pay and satisfy any adverse
judgment that may be rendered before enforcement. Upon Landlord demand, Resident must furnish a surety bond in an amount
equal to 150% of the amount of any contested lien, claim or demand, indemnifying Landlord against liability for the contested
lien, claim or demand. If Landlord elects to participate in an action, Resident must pay Landlord's attorneys' fees and costs.

(e) Landlord reserves the right to require Resident to remove improvements and alterations installed by Resident, at Resident’s
expense, before expiration or termination of the Rental Agreement and/or Resident’s tenancy.

6. CASp Inspection, and ADA/ Handicapped Accessibility.

(a) CASp Inspection. The Premises:

5
has not undergone an inspection by a Certified Access Specialist (CASp). A Certified Access Specialist (CASp) can inspect the
Property and determine whether it complies with all of the applicable construction-related accessibility standards under state
law. Although state law does not require a CASp inspection of the Property, the property owner or lessor may not prohibit
Resident from obtaining a CASp inspection of the Property for the occupancy or potential occupancy of Resident, if requested
by Resident. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the
payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-
related accessibility standards within the Property.

If Resident requests a CASp inspection of the Property, Resident will (at Resident’s sole cost), retain a CASp approved by
Landlord (provided that Landlord may designate the CASp, at Landlord’s option) to perform the inspection of the Property at a
time agreed upon by the parties.  Resident will provide Landlord with a copy of any report or certificate issued by the CASp (the
"CASp Report") and Resident will, at its cost, promptly complete any modifications necessary to correct violations of
construction related accessibility standards identified in the CASp Report, notwithstanding anything to the contrary in this
Lease.  Resident agrees to keep the information in the CASp Report confidential except as necessary for the Resident to
complete the modifications.

has undergone an inspection by a Certified Access Specialist (CASp) who certified that the Property met all applicable
construction-related accessibility standards pursuant to California Civil Code §55.51 et seq.

has undergone an inspection by a Certified Access Specialist (CASp) who determined that the Property did not meet all
applicable construction-related accessibility standards pursuant to California Civil Code §55.51 et seq.

(b) Because compliance with handicapped accessibility standards may be partially dependent upon Resident's specific use of the
Premises, , Landlord makes no warranty or representation as to whether or not the Premises comply with handicapped
accessibility laws. If Resident's use of the Premises requires modifications or additions to the Premises in order to be in
compliance with handicapped accessibility laws, Resident agrees to make any necessary modifications and/or additions at
Resident's expense.

The second floor of the unit is not designed or intended for business use, and may not be fully handicapped accessible. The
second floor of the Premises may be used for residential use only and only by Resident. No business use may be made of the
second floor of the Premises and Resident’s business customers may not use any portion of the second floor (i.e. bathrooms,
kitchen, etc.). If Resident allows business or public use of the second floor, the use will be a material breach of the Agreement and
Resident will be fully responsible for all handicapped accessibility liability. Resident will hold harmless, indemnify, and defend the
Landlord and Landlord’s property manager from liability for any claims associated with Resident’s use of the Premises relating to
handicapped accessibility. This will be done at Resident’s expense with counsel chosen by Landlord.

7. Insurance2. During Resident’s tenancy, Resident must maintain a commercial general liability insurance policy at Resident's
expense, insuring Resident against liability arising out of the ownership, use, occupancy or maintenance of the Premises, the sidewalks in
front of the Premises, and the business operated by Resident. The limitation of liability of this insurance must be at least One Million Dollars
($1,000,000) in respect to injury or death of one person and to the limit of not less than Two Million Dollars ($2,000.000) in respect to any
one accident and to the limit of at least Two Million Dollars ($2,000,000) with respect to Property damage. The policy limits or coverage will
not limit Resident's liability nor relieve Resident of any obligations under the Landlord. The policy must name Landlord, Landlord’s property
manager, and any Landlord lender identified to Resident, as additional insureds. Policies must provide protection against all perils included
within the classification of fire, extended coverage, vandalism, malicious mischief, and may include endorsements or coverage for special
extended perils (special form), sprinkler leakage, inflation guard, and any other perils (including flood and earthquake), which Landlord
deems necessary. All policies must be written in a form satisfactory to Landlord and may be maintained with insurance companies holding a
"General Policyholder's Rating" of A VIII or better, as set forth in the most current issue of "Best's Insurance Guide." Resident must deliver
to Landlord and Landlord’s lender(s) if applicable copies of policies or certificates evidencing the existence of the amounts and forms of
coverage satisfactory to Landlord. No policy will be cancelable or reducible in coverage except after thirty (30) days prior written notice to
Landlord (10 days for nonpayment). Proof of insurance must be delivered to Landlord before Resident takes possession of the Premises. .
Landlord will have no obligation to give Resident possession of the Premises until Resident provides proof of insurance. Within ten (10) days
before the expiration of the policies, Resident must furnish Landlord proof of renewal or Landlord terminate this Rental Agreement and/or
may order insurance and charge the cost to Resident as additional rent. No Resident use or action may increase the Landlord’s insurance
premiums on the Premises, or cause cancellation of any insurance policy covering the Premises. . At Resident's sole cost, Resident will
comply with all requirements of any insurance company necessary to maintain reasonable fire and liability insurance covering the Premises
and Community.

8. Changes and Additions to Community3. Landlord reserves the right at any time to make alterations or additions to the Community.
Landlord also reserves the right to construct other buildings or improvements or make alterations within the Community from time to time
and to make alterations or additions.

6
9. Indemnification of Landlord4. Resident will indemnify and defend Landlord and Landlord’s related parties (past and present
subsidiary corporations, affiliates, successors, assigns, officers, directors, community managers, agents, attorneys, employees and
representatives) and save them harmless from and against any and all claims, actions, damages, liability and expense in connection with
loss of life, personal injury and/or damage to Premises arising out of, or related to Resident’s use of Premises. Resident will further
indemnify, protect and hold Landlord and Landlord’s related parties harmless from and against any and all claims arising from (1) any
Resident breach of Agreement obligations, (2) or arising from any act, neglect, fault or omission of Resident or its agents and (3)
arising in connection with Resident’s use or occupancy of the Premises. If any action or proceeding is brought against Landlord by
reason of any such claim, Resident upon notice from Landlord will defend the same at Resident's expense by counsel approved in
writing by Landlord.

10. Condition Upon Termination5. Upon the termination of this Landlord, Resident must surrender the Premises to Landlord,
broom clean and in the same condition as received except for ordinary wear and tear which Resident was not otherwise obligated to
remedy under any provision of this Landlord. Unless otherwise previously agreed, Landlord may require Resident to remove any
alterations, additions or improvements (whether or not made with Landlord's consent) before vacating and to restore the Premises to its
prior condition, which may include at Landlord’s discretion the removal of all or a part of the improvements made by Resident which are
specific to Resident’s type of business, or restoration of the Premises to a “vanilla shell” condition, all at Resident's expense. All
alterations, additions and improvements which Landlord does not require Resident to remove will become Landlord's property and will be
surrendered to Landlord upon the termination of this tenancy.

11. Other Tenancies6. Landlord reserves the absolute right to effect any other tenancies in the Community as Landlord, in its sole
judgment, may choose. Resident does not rely on the fact, nor does Landlord represent, that any Resident under any lease in effect as of the
date of this Landlord will not assign or transfer its interest under its lease or change the use of the Property under such lease, or that any
specific Resident or type or number of Residents may, during the term of this Landlord, either (i) enter into a new lease with a new tenant
for any space in the Community or (ii) continue to lease any space in the Community under any lease which is in effect as of the date of
this Agreement. By executing this Landlord, Resident acknowledges that Landlord has not made any representations, warranties or
statements as to any of the foregoing and agrees that the occurrence of any of the foregoing or any similar event may not affect Resident’s
obligations under the Agreement.

Date: ____________ ____________________________


By: _________________________
Title: (Community Manager)

Date: ____________ ____________________________


By: Nick Alicastro_____________
Title: (Authorized Representative)

Date: ____________ ____________________________


Resident

Date: ____________ ____________________________


Resident

You might also like