Owner’s 2022 Lease vs. Berkshire Hathaway 2024 Contract – Clause Modification Evidence

Summary

This set of exhibits compares the original 2022 owner-executed lease with his daughter Anna Ly of Sun reality to the 2024 Berkshire Hathaway “renewal” contract issued by Hanson Le. In the 2022 version, the landlord explicitly agreed to maintain landscaping and pay HOA fees (“Landlord shall maintain the garden, landscaping, trees and shrubs”). In 2024, these fields wer reassigned to “Tenant,” despite no written modification from the owner or legal notice under California Civil Code §827.

Key Alterations

• **Landscaping responsibility:** Changed from “Landlord” to “Tenant” without consent or compensation.
• **HOA payment field:** Left blank in the 2024 version, omitting coverage previously paid by owner.
• **Signature deficiency:** Owner signature missing from 2022 original contract; 2024 contract executed by agent Hanson Le using Berkshire Hathaway credentials.
• **New cost burden:** Tenant effectively assumed a $350 monthly service cost plus $350 rent increase—a concealed 7%+ unlawful rent adjustment.

Legal Context

• California Civil Code §827(b) – Requires 30-day written notice for any change in lease terms.
• AB 1482 (Tenant Protection Act) – Caps annual rent increases and prohibits indirect increases via removal of services.
• Business & Professions Code §10176(a) – Bars licensed agents from altering contractual terms without express authority.
• California Civil Code §1950.5 – Deposit and service continuity must carry forward between lease periods unless lawfully reconciled.

Evidence Value

The side-by-side contracts prove intentional modification of the lease by the agent, not the owner. The 2022 contract—signed by both parties—assigns maintenance duties to the landlord. The 2024 document deletes that clause and introduces higher rent, without owner execution or proper notice. This demonstrates contract forgery, unauthorized modification, and rent-cap evasion under California and federal fraud statutes.