Preview
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF MARTIN FIFTH JUDICIAL DISTRICT
Case Type: Eviction
________________________________________________________________________
Welcome Housing Investors, LLC
Plaintiff,
vs.
EVICTION COMPLAINT
Alexandra Corona,
John Doe, Jane Doe,
Defendant.
________________________________________________________________________
Douglass E. Turner, states as follows:
1. Plaintiff rented to Defendants by a written lease for the premises at 201 Campbell
Street, #9 in the City of Welcome, County of Martin, State of Minnesota, Zip Code 56181.
The current rent due and payable under the lease on the first day of the month is $126.00.
2. Plaintiff having present right of possession of said property, has complied with
Minn. Stat. § 504B.181 by:
X a. disclosing to Defendants either in the rental agreement or otherwise in writing prior
to the beginning of the tenancy the name and address of: 1) the person authorized to manage
premises and 2) an owner or agent authorized by owner to accept service of process and
receive and give receipts for notice and demands, AND
X b. posting in a conspicuous place on the property a printed or typewritten notice
containing the above information in the lease, OR
X c. the above information is known by tenant not less than 30 days before the filing of
this action because of communications from landlord.
3. Plaintiff seeks to have Defendants evicted for the following reasons:
A. Defendants are still in possession of the premises and have failed to pay rent for the
month(s) of March through June 6, 2022, for a total rent owing of $852.00, plus
$10.00 late fees, plus $193.00 utilities, plus $140.00 security deposit, and costs of
the action in the amount of $500.00 for a total due of $1,695.00.
1
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
B. Defendant is still in possession of the premises described in the eviction complaint
and has failed to vacate the premises. Defendant was given written notice to vacate.
The Notice was served on Defendant on May 6, 2022 and Defendant was told to
vacate the premises described in the complaint by June 6, 2022. Notice is attached
as Exhibit A.
C. Defendant has violated the terms of the lease by engaging in destruction of
Plaintiff’s property, disturbing other tenants, excessive noise coming from unit,
unlawful activities causing police presence on property, failure to observe quiet
hours after 10 pm, breach of building security by setting of fire alarm, and failure to
maintain electric bill. Lease is attached as Exhibit B.
4. HUD 5382 is incorporated herein by reference as Exhibit C.
Prayer for Relief
1. Plaintiff seeks judgment against Defendant and an Order for possession of the
property and the issuance of an immediate Writ of Recovery.
2. Plaintiff seeks all allowable costs of the action.
VERIFICATION AND AFFIDAVIT OF NON-MILITARY STATUS
Douglass E. Turner states that I am the attorney for Plaintiff, that I have read the Eviction
Complaint and that it is true of my own knowledge, and that Defendant is not now in the
military or naval service of the United States, to the best of my information and belief.
I declare under penalty of perjury that everything I have stated in this document is true
and correct to the best of my knowledge and belief. Minn. Stat. § 358.116.
Dated: June 9, 2022 HANBERY & TURNER, P.A.
/s/ Douglass E. Turner
Douglass E. Turner, #0279948
33 South 6th St. Suite 4160
Minneapolis, MN 55402
Tele: (612) 340-9855
EM: turner@hnclaw.com
Attorney for Plaintiff
2
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
SIVIRMANAGEMEK
A Professional Apartment Management Company
201 Norih Broad Street, Suite 109
Mankato, MN 56001
507.345.1290
FAX 507.387.6843
smr@smrrental.com
!’r
May 6,2022
Alexandra Corona
201 Campbell Street #9
Welcome, MN 56181
Dear Alexandra:
Oo April 19, 2022 you were sent a Final warning letter. You have failed to make any payment on your
4/21/2022..
.and if you fail to vacate,
Management will file an action in district court[commonly known as an unlawful detainer action] to have
you evicted.
You are encouraged to contact Management and make arrangements to vacate your apartment
immediately. Doing so might enable you to avoid expenses associated with the unlawful detainer action
and avoid having a judgement entered against you in the court records. You will be responsible for these
expenses.
You are reminded that Paragraph B, of your Lease states: "Management may terminate your lease
agreement if there is material noncompliance with your lease agreement or other good cause. All legal
costs associated with a lease termination will be the responsibility of the Tenant."
W-'.
ev- According to
your Lease Agi’eement, Paragraph 9 and 10 Tenant agrees to pay a monthly contribution. This amount is
included in the balance due on your rental account.
You are further notified that the location of Management's office is as indicated at the top of the Notice and
that Management's regular business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, holidays
excepted. During those regular business hours, at the location, you may view your file and copy any
information in it that you consider helpful to your defense.
Sincerely,
Lindsay Olson
Regional Manager
www.smrrenfaLcom
EXHIBIT A
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
*'A'
I
SMR Management,Inc.
201 North Broad Street, Suite 109
Mankato, MN 56001
I I
EQUAL tlpUSlNG
OPPORTUNITY
LEASE AGREEMENT
This Agreement has been prepared in accordance with applicable USDA Rural
Development regulations and State Law. This Agreement is binding contract between landlord
and tenant. The parties listed below in paragraph 1 agree as follows:
1. PARTIES AND TERM
Owner: Welcome Housing investors, LLC
(Referred to as “Owner” in this Lease Agreement)
SMR Management, Inc.
Managing Agent:
(Referred to as “Manager” or “Agent” in this Lease Agreement)
Alexandra Corona
Tenant:
Co-Tenant:
(Tenant and Co-Tenant will be collectively refeued to as “Tenant’
or “I” in the Lease Agreement)
Others who will reside in this Unit:
(Referred to as “Household Unit” in this Lease Agreement)
March 1, 2022 Februa ry 28. 2023
Lease Start Date: Lease End Date:
First Month Prorated Rent:
n/a Last Month Prorated Rent:
n/a
2. MANAGING AGENT AUTHORITY
SMR Management,Inc. is Owner’s Agent and has complete authority to lease, collect rents,
promulgate and enforce project rules and regulations, order repair, evict Tenants, prosecute
claims on the Owner’s behalf and take any other action necessary to manage
Campbell Street Apartments (Project Name).
3. LEASED PREMISES
Unit 09 Number of bedrooms J
(Refeired to as the “Premises” or “Unit” in this Lease Agreement)
Rural Development Lease 1
Rev. 2/20/2020
EXHIBIT B
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
●N
J
4. PETS. The pet policy ui this project is as follows:
a) Pets Are Not Allowed unless authorized by management by separate attached
agreement. Tenants are not allowed to house pets on the premises or on the
accompanying grounds of projects. Additionally, tenants shall not allow any visitors or
guests to bring pets on the premises or accompanying gi'ounds.
b) In all projects if Tenant is handicapped or disabled and requires a service animal for
assistance, such animal may reside on the premises with verification of need and prior
management permission.
5. NUMBER OF OCCUPANTS. The number of occupants listed above must be in accordance
with occupancy limits as set forth by Owner/Manager based upon local codes and ordinances and Rural
Development regulations as each may change from time to time. Owner/Manager may change the
occupancy limit during the lease term if changes in law, ordinance or regulations make such change
necessary. The minimum occupancy limit will correspond to the number of bedrooms. The maximum
occupancy limit will depend on local ordinances and regulations and the square footage of usable sleeping
area as defined by Rural Development regulations. Notwithstanding the above, Owner/Manager shall
have the right to make reasonable accommodations for individuals with disabilities and may adjust
occupancy limits to further the goal of reasonable accommodation.
6.
20
^„,TERM OF LEASE, This Lease Agreement will commence on nflarch /
. If this Lease Agreement commences on the 1®' of a month, this lease will run for a one year
term from its date of commencement. In the event that this lease commences mid-month, the teim of this
Lease Agreement term will be for one year^ ie of the m( Mlowing commencement. This
Lease Agreement will expire at midnight ^ , 20 j^^^This Lease
Agreement automatically renews for additional terras of on/year, calculated from the date of expiration,
(unless the federal loan for this project will be repaid, in which case the final term may be for less than
one year) provided that Tenant continues to meet eligibility requirements. Tenant must notify
Owner/Manager in the manner described in paragraph 14 of this Lease Agreement if Tenant does not
desire automatic renewal.
In the event that this lease commences mid-month. Tenant will pay, prior to commencement of
this Lease Agreement, pro-rated rent for the period from the day when this Lease Agreement is
commenced until the end of the commencement month. Tenant’s rent for the month following
commencement and each month thereafter will be due and payable to the P' of each month in accordance
with paragraph 9 of this Agreement.
7. ELIGIBILITY REQUIREMENTS. Prior to execution of this Lease Agreement, Tenant must
provide the Owner/Agent witli verification of income and complete an application for housing. All
eligibility and rental rate requirements are determined through the Rural Development 3560-8 Tenant
Certification Form. Tenant will be required to, provide information about: sources of Tenant’s income
(work, support payments, unemployment compensation, welfare assistance, etc.); Tenant’s assets (bank
accounts, savings bonds, real property, etc.); Tenant’s medical, childcare and disabled assistance
expenses; and names and ages of household members. The Tenant understands that rental rates are based
2
Rural Development Lease
Rev. 2/20/2020
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
on the 3560-8 and agrees to sQbmit to annual recertification ofincome ana eligibility. The Tenant agrees
to cooperate with this process by providing all required income and household member information in a
timely manner.
8. RURAL DEVELOPMENT REQUIRED LEASE CLAUSES. The following lease clauses are
required by Rural Development. Tenant should read each one cai'efially. Tenant’s signature on this Lease
Agreement certifies that Tenant has read, understood and agreed (where applicable) to all ofthe following
representations:
a) Nondiscrimination. The project in which Tenant will rent is Rural Development
financed and is subject to nondiscrimination provisions of Title VI ofthe Civil Rights Act of
1964, Title VH ofthe Fair Housing Act, Section 504 ofthe Rehabilitation Act of 1973, Age
Discrimination Act of 1975, and the Americans with Disabilities Act.. All complaints are to be
directed to the Administrator, USDA Rural Development, Washington, DC 20410. Further, the
project is subject to all nondiscrimination provisions under the laws ofthe State.
b) Overcrowding or Underutilization. If Tenant’s unit should become overcroweded or
underutilized or should the Tenant no longer meet the eligibility requirements ofthe project
during the term ofthe lease agi'eement, he/she will be required to vacate the unit at the end of
the lease term unless eligibility can be established following specified steps, such as moving to
an appropriate sized unit, or an exception is granted by management.
c) Personal Possessions. Tenants tenancy still exist during the time that Tenant’s
household personal possessions remain in the apai'tment unit even after the Tenant’s
household has moved out with the intent to vacate or lease the project. Abandoned personal
property will be stored by Landlord at Tenant’s expense in accordance with State Law. Landlord
will have a lien on the personal property to pay for such storage charges.
d) Rent Escalation Clause. It may become necessary to change rent or occupancy charges
PRIOR TO THE EXPIRATION ofthis Lease Agreement due to changes in utility or other
operating costs. All increases must be approved by Rural Development, but if the escalation of
rent is approved, it will take effect upon 30 day notice; EVEN IF THE LEASE TERM HAS NOT
EXPIRED.No increase will be due to prepayment ofthe Rural Development loan. In the event
that Owner’s Federal subsidy is curtailed due to a default of Owner,rent shall not change over
tliat which would have been required ifthe subsidy remained in place.
e) Change in Eligibility Standards. “I understand that I will no longer be eligible for
occupancy in this Project if my income exceeds the maximum allowable adjusted income as
defined periodically by USDA Rural Development for the State.”
4) Change in Income or Household Members.“I agree I must immediately notify the
Management/Owner when there is a change in my gi'oss income or adjustment to income, or
when there is a change in the number of persons living in the household. I understand that
failure to repoit such changes may result in my losing benefits to which I may be entitled or may
result in the Management/Owner taking corrective action if benefits were mistalcenly received. I
understand the connective action the Management/Owner may take includes the initiation of a
3
Rural Development Lease
Rev. 2/20/2020
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
demand for repayment of any benefits or rental subsidies improper^ i^eceived, initiation of a
notice to cancel any rental assistance or Section 8 assistance being received for the balance of
my certificatiorisperiod, initiation of a notice to increase my monthly rent to
$ ! (a) per month (note rate rent), or initiation of a notice oftermination.I
understand that one or more ofthese remedies may be initiated at the option ofthe
Management/Owner.
g) Extended Absence.“I understand that I must promptly notify the Owner/Agent of any
extended absences and that ifI do not personally reside in the unit as my primary residence
except for health or emergency, Owner/Manager may terminate lease.“
h) Receipt of Rental Benefits to Which Tenant is not Entitled. “I understand that should I
receive rental benefits to which I am not entitled due to my/our failure to provide information or
due to incorrect information provided by me or on my behalf by others, or for any other
household member,I may be required to make restitution and I agiee to pay any amount of
benefits to which I was not entitled.”
i) Income Certification."I understand that income certification is a requirement of
occupancy and I agree to promptly provide any certifications &d income verifications required
by the Owner to permit determination of eligibility and, when applicable,the monthly Tenant
contribution to be charged.”
j) Violations of Drug Law.“It is understood that the use, or possession, manufacture, sale
or distribution of an illegal substance(as defined by local, state, or federal law) while in or on any
part ofthis apartment complex or cooperative is an illegal act. It is fiiither understood that such
action is a material lease violation. Such violations(hereinafter called “drug violation(s)” may be
evidenced upon the admission to or conviction of a drug violation. It is fiuther understood that
domestic violence will not be tolerated on Rural Housing properties, and that such action is a
material lease violation. All perpetrators will be evicted, while the victim and other household
occupants may remain in the unit in accordance with eligibility requirements.
The landlord may require any lease or other adult member of the tenant household occupying the
unit(or other adult or non-adult person outside the tehant household who is using the unit) who
commits a drug violation or domestic violence to vacate the leased unit permanently, within time
frames set by the landlord, and not thereafter enter upon the landlord’s premises or the lessee’s
unit without the landlord’s prior consent as a condition for continued occupancy by members of
the tenant household. The landlord may deny consent for entiy unless the person agrees not to
commit a drug violation or domestic violence in the future and is either actively participating in a
counseling or recovery program, complying with court orders related to a dnig violation or
domestic violence, or has completed a counseling or recovery program.
The landlord may requhe any lessee to show evidence that any non-adult member of the tenant
household occupying the unit, who committed a drug violation or domestic violence, agrees to
not commit a drug violation or domestic violence in the future, and to show evidence that the
person is either actively seeking or receiving assistance through a counseling or recovery
program, complying with court orders related to a drug violation or domestic violence, completed
4
Rural Development Lease
Rev. 2/20/2020
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
a counseling or recovery program within time frames specified by the landlord as a condition for
continued occupancy in the unit. Should a further drug violation or domestic violence be
committed by any non-adult person occupying the unit, the landlord may require the person to be
severed from tenancy as a condition for continued occupancy by the lessee.
If a person vacating the unit, as a result ofthe above policies, is one ofthe lessees, the person
shall be severed from the tenancy and the lease shall continue among any other remaining lessees
and the landlord. The landlord may also, at the option ofthe landlord, permit another adult
member ofthe household to be a lessee.
Should any ofthe above provisions governing a drug violation be found to violate any ofthe
laws of the land,the remaining enforceable provisions shall remain in effect. The provisions set
out above do not supplant any rights oftenants afforded by law.”
(k) Occupancy of Handicapped Unit by Person Not Handicapped.“I/we acloiowledge
that I/we am/are occupying a designated handicapped accessible unit. I/we acknowledge that
priority for such units is given to those needing special physical design features. I/we
acknowledge that I/we are permitted to occupy the unit until management issues a notice that a
priority applicant is on the waiting list and that I/we must move to another suitable sized vacant
unit in the project. Upon receiving this notice, I/we agree to move at my/our own expense within
30 calendar days to the suitable sized vacant unit within the project, if one is available. I/we
further understand my/our rental rate will change, when appropriate, to the rental rate for the unit
I/we move to and this lease will be modified accordingly.”
(/) Effect of Acceleration and Foreclosure Proceedings. During acceleration and
foreclosure proceedings affecting the Premises, the tenant contribution must remain as if the
interest credit and/or rental subsidy were still in place and available had the acceleration not
occurred; and the teims ofthe Lease Agreement will remain in’effect until the date acceleration
and/or foreclosure is resolved.
(m) Occupancy of Unit by LOPE Tenant.If Tenant has a 20/, Letter of
Priority Entitlement(LOPE)and is occupying a unit for which they ai-e not eligible. Tenant
agrees to move to the first appropriate apartment available.
9. HUE DATE OF RENT AND UTILITY PAYMENTS.Tenant’s monthly rental payment ai-e
payable without invoice and due on the of each month but will not be considered late if they are
received by the 10"' of each month. Payments ai-e to be paid as instructed by Management and shall not
be paid in cash. Should a check be returned to management because of insufficient funds. Tenant will be
responsible for any and all charges to project accounts in the amount of$25 dollars. After one(1)
returned check only bank checks, money orders, or cashier checks will be accepted for payment.
Unless prior accepted aiTangements have been made, payments made after the 10"' are considered
late. Repeated late rental payments are lease violations and can lead to termination ofthis Lease
Agi-eement. If payment is not received by tlie 10'*' ofthe month, a late fee in the amount of$10 dollars
will be added on tlie 11"' day ofthe month.
5
Rural Development Lease
Rev. 2/20/2020
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
Tenant has responsibimy for prompt payment of all telephone, cabi^-tv, including installation
charges, all electric utilities, and natural gas utilities. At move-in, Tenant must notify the electiic
company and / or natural gas company to place the apartment meter in Tenant’s name and sign a utility
release for management. Tenant receives a utility allowance if applicable under this Lease. Failure to pay
utilities is a Lease violation. Should the meter be turned off or be removed this could lead to termination
ofthis Lease Agreement. If project requii-es separate apartment billing for water and sewer or garbage, the
same provisions apply as set forth above.
10. RENT AND DTrLITY CHANGE PROVISIONS.Tenant’s signature on this Lease Agreement
certifies that Tenant has read, understood and agreed to all ofthe representations:
a) Basic Information [Indicate onform whichever provisions apply to Tenant’s unit an
"X” in the underlined space.]
Subsided(RA)Provisions Apply to Tenant’s Unit.
■I understand ani ●ee that as long as I receive rental assistance, my gross monthly Tenant
contribution (as determined on latest form Rural Development 3560-8, which must be attached to this
Lease) for rent and utilities will be $ . If I pay any and all utilities directly (not including
phone or cable TV), a utility allowance of $ will be deducted from my monthly Tenant
contribution and my resulting net monthly contributidi ill be$ . If my net monthly Tenant
contribution would be less than zero, the lessor will pay me
“I also understand and agree that my monthly Tenant contn idon under this Lease may be raised
or lowered based on changes in the household income, failure to submit utfom.ation necessary to certify
income, changes in the number and age of persons living in the household, and'"bUsthe escalation clause in
this Lease. Should I no longer receive rental assistance as a result of these changes, ofthe rental
assistance agreement executed by the Owner and Rural Development expires, I understand and agree that
my monthly Tenant contribution may be adjusted to no less than $ (Basic Rent) nor more
than $ (Note Rate Rent) during the remaining term of this Lease, except that based on the
escalation clause in this Lease these rental rates may be changed by a Rural Development approved rent
change.
A Plan II (Interest Credit Only) Provision Apply to Tenant Unit
“I understand that every effort will be made to provide rental assistance so long as I remain
eligible and the rental assistance agreement between Owner and Rural Development remains in effect.
However, should this assistance be terminated, I may an-ange to terminate this Lease, giving proper notice
as set forth elsewhere in this Lease Agreement.”
“I understand and agi-ee that my gross monthly Tenant conhibution as determined on the latest
Rural Develonment 3560-8, which must be attached to this Lease, for rent and utilities will be
“If I pay any or all utilities directly (not including telephone or cable TV), a utility allowance of
$ , (jJ will be deducted from my gross monthly Tenant contribution except that I will pay not
less than basic rent nor more than the note rate rent stated below. My net monthly rent will be
6
Rural Development Lease
Rev. 2/20/2020
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
$ Mr U) .I understand that should I receive rental subsidy benefits to which I was not
entitled,I may be required to make restitution and I agree to pay any amount of benefit to which I was not
entitled. I also understand and agi-ee that my monthly Tenant rent under this Lease may be raised or
lowered based on changes in the household income,failure to submit information necessary to certify
income, changes in the number and age of persons living in the household and on the escalation clause in
this Lease Agreement. My Tenant contribution will not, however, be less than $
nor more than $ ^n^'CO (Note Rate Rent) during the term ofthis Lease, except that based on the
escalation clause in the Lease Agreement, these rental rates may be changed by a Rural Development
approved rent change.”
b) Rent Increase. During the term ofthis Lease and with Rural Development approval,
basic and market rents may be increased. The Tenant understands that should the basic rent be
increased, then a rental payment will not be lower than the new basic rent. Tenants always
receive a 30-day notice ofa rent increase based upon Rural Development approval and are
notified of proposed increases 60 days prior to the intent to change rental rates.
c) Notice of Rent Increase and Obligation to Cooperate with Recertification. Should a
change in income occur which results in rent increase, Tenant will receive a 30-day notice ofthe
increase. In the same manner,at annual recertification, a 30-day notice will be given ofthe
increase. This 30-day notice will not occur ifTenant has withheld income change information
from Agent or is delinquent in providing income information for'an annual recertification. Should
Tenant not cooperate with the recertification procedure, upon expiration ofthe current
certification Tenant will be charged note rate rent and eviction proceedings may be instituted.
d) Recertification Requirements. Tenant must notify Owner/Agent immediately of all
changes in gross income or increase/decrease of assets. While this is not meant to be an
exhaustive list, changes in income may result from changes in hours worked, salary rates, social
security, pensions, public assistance, and sale of assets. Tenants must also notify Owner/Agent of
any changes in adjustments to income. While this is not meant to be an exhaustive list, changes in
adjustments to income could result from changes in the number of minors or handicapped people
in the household, changed medical expenses, and changed childcare expenses. In tlie event that
changes in permanent income either increase by $100.00 per month or more, or decrease by
$50.00 per month or more, Tenant’s permanent income fr'om the level which it was at during tire
most recent certification, Owner/Agent will proceed with recertification based on the new
information. ●
e) Consequences If Tenant’s Income Exceeds Rural Development Guidelines. Should
the Tenant’s income exceed the maximum allowed amount as set by Rural Development, Tenant
is no longer eligible for occupancy in this Project and must vacate the unit in thirty(30)days or at
the end ofthe term ofthis Lease Agi'eement(whichever is longer) unless an exception is granted
by Rural Development.However, should the Tenant remain in the unit for the reminder ofthe
tern ofthe Lease, Tenant must pay note rate rent.
f) Cousequences If Occupancy Standards Are Not Met.Iffamily composition changes
so occupancy standards are no longer met. Tenant agiees to fransfer to an appropriate bedroom
size when one is available unless continued occupancy in unit is permitted by Owner/Manager.
Transferal will occur upon a 30-day notice fi'om the Owner/Agent; should the Tenant refuse
7
Rural Development Lease
Rev. 2/20/2020
46-CV-22-515
Filed in District Court
State of Minnesota
6/14/2022 5:27 PM
transferal as required o/^this Lease, rent will be raised to note rate, -^ tiring the term ofthe Lease,
Tenants required to transfer may remain in the current unit; however, should an appropriate
bedroom size unit not become available at the end of Lease term Tenant must vacate the unit
unless extenuating circumstances lead to Landlord/Rural Development permission to remain.
11. SECURITY DEPOSIT.Tenant understands that a ^ecprj^ty^ deposit is required under this Lease
Agreement and agrees to deposit one month’s basic rent($ with the Owner/Manager. This
deposit must be paid prior to occupancy unless a security deposit payment plan is arranged. The security
deposit is placed in a separate account. Should the Lease be broken and Manager cannot re-rent promptly,
or should unpaid rent, late fees or legal fees be due, or any damages unpaid, this deposit will be applied to
these charges upon Tenant vacating the unit. Damage is any harm to the unit beyond normal weai' and
tear. In case ofTenant death, these charges will be levied against the estate. After any deductions as
listed, balance (if any)of deposit shall be refunded to Tenant or estate. After any deductions as listed,
balance (if any)of deposit shall be refunded to Tenant or estate. Tenant will receive a written statement,
which itemizes the reasons for security deposit retention within twenty-one(21) days of expiration of
lease. If charges exceed deposit amount,then Tenant or estate shall be billed for the amount exceeding
deposit. The following provisions may alter or amend the amount or time for payment ofthe security
deposit.
12. TENANT RESPONSIBILITIES.By signing this rental agreement, Tenant agi'ees to undertake
the obligations set forth below. Tenant should read each obligation carefully:
a) Pay Rent and Utilities. Tenant agrees to pay the rent each month on or before the
without a statement of billing; and to pay electric, gas, and other utilities that may be Tenant s
responsibility for this unit;
b) Number of Occupants. Tenant agrees not to accommodate boarders or lodgers and not
admit others to this household without prior management approval. This unit is a dwelling for
Preview
46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF MARTIN FIFTH JUDICIAL DISTRICT Case Type: Eviction ________________________________________________________________________ Welcome Housing Investors, LLC Plaintiff, vs. EVICTION COMPLAINT Alexandra Corona, John Doe, Jane Doe, Defendant. ________________________________________________________________________ Douglass E. Turner, states as follows: 1. Plaintiff rented to Defendants by a written lease for the premises at 201 Campbell Street, #9 in the City of Welcome, County of Martin, State of Minnesota, Zip Code 56181. The current rent due and payable under the lease on the first day of the month is $126.00. 2. Plaintiff having present right of possession of said property, has complied with Minn. Stat. § 504B.181 by: X a. disclosing to Defendants either in the rental agreement or otherwise in writing prior to the beginning of the tenancy the name and address of: 1) the person authorized to manage premises and 2) an owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands, AND X b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information in the lease, OR X c. the above information is known by tenant not less than 30 days before the filing of this action because of communications from landlord. 3. Plaintiff seeks to have Defendants evicted for the following reasons: A. Defendants are still in possession of the premises and have failed to pay rent for the month(s) of March through June 6, 2022, for a total rent owing of $852.00, plus $10.00 late fees, plus $193.00 utilities, plus $140.00 security deposit, and costs of the action in the amount of $500.00 for a total due of $1,695.00. 1 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM B. Defendant is still in possession of the premises described in the eviction complaint and has failed to vacate the premises. Defendant was given written notice to vacate. The Notice was served on Defendant on May 6, 2022 and Defendant was told to vacate the premises described in the complaint by June 6, 2022. Notice is attached as Exhibit A. C. Defendant has violated the terms of the lease by engaging in destruction of Plaintiff’s property, disturbing other tenants, excessive noise coming from unit, unlawful activities causing police presence on property, failure to observe quiet hours after 10 pm, breach of building security by setting of fire alarm, and failure to maintain electric bill. Lease is attached as Exhibit B. 4. HUD 5382 is incorporated herein by reference as Exhibit C. Prayer for Relief 1. Plaintiff seeks judgment against Defendant and an Order for possession of the property and the issuance of an immediate Writ of Recovery. 2. Plaintiff seeks all allowable costs of the action. VERIFICATION AND AFFIDAVIT OF NON-MILITARY STATUS Douglass E. Turner states that I am the attorney for Plaintiff, that I have read the Eviction Complaint and that it is true of my own knowledge, and that Defendant is not now in the military or naval service of the United States, to the best of my information and belief. I declare under penalty of perjury that everything I have stated in this document is true and correct to the best of my knowledge and belief. Minn. Stat. § 358.116. Dated: June 9, 2022 HANBERY & TURNER, P.A. /s/ Douglass E. Turner Douglass E. Turner, #0279948 33 South 6th St. Suite 4160 Minneapolis, MN 55402 Tele: (612) 340-9855 EM: turner@hnclaw.com Attorney for Plaintiff 2 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM SIVIRMANAGEMEK A Professional Apartment Management Company 201 Norih Broad Street, Suite 109 Mankato, MN 56001 507.345.1290 FAX 507.387.6843 smr@smrrental.com !’r May 6,2022 Alexandra Corona 201 Campbell Street #9 Welcome, MN 56181 Dear Alexandra: Oo April 19, 2022 you were sent a Final warning letter. You have failed to make any payment on your 4/21/2022.. .and if you fail to vacate, Management will file an action in district court[commonly known as an unlawful detainer action] to have you evicted. You are encouraged to contact Management and make arrangements to vacate your apartment immediately. Doing so might enable you to avoid expenses associated with the unlawful detainer action and avoid having a judgement entered against you in the court records. You will be responsible for these expenses. You are reminded that Paragraph B, of your Lease states: "Management may terminate your lease agreement if there is material noncompliance with your lease agreement or other good cause. All legal costs associated with a lease termination will be the responsibility of the Tenant." W-'. ev- According to your Lease Agi’eement, Paragraph 9 and 10 Tenant agrees to pay a monthly contribution. This amount is included in the balance due on your rental account. You are further notified that the location of Management's office is as indicated at the top of the Notice and that Management's regular business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, holidays excepted. During those regular business hours, at the location, you may view your file and copy any information in it that you consider helpful to your defense. Sincerely, Lindsay Olson Regional Manager www.smrrenfaLcom EXHIBIT A 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM *'A' I SMR Management,Inc. 201 North Broad Street, Suite 109 Mankato, MN 56001 I I EQUAL tlpUSlNG OPPORTUNITY LEASE AGREEMENT This Agreement has been prepared in accordance with applicable USDA Rural Development regulations and State Law. This Agreement is binding contract between landlord and tenant. The parties listed below in paragraph 1 agree as follows: 1. PARTIES AND TERM Owner: Welcome Housing investors, LLC (Referred to as “Owner” in this Lease Agreement) SMR Management, Inc. Managing Agent: (Referred to as “Manager” or “Agent” in this Lease Agreement) Alexandra Corona Tenant: Co-Tenant: (Tenant and Co-Tenant will be collectively refeued to as “Tenant’ or “I” in the Lease Agreement) Others who will reside in this Unit: (Referred to as “Household Unit” in this Lease Agreement) March 1, 2022 Februa ry 28. 2023 Lease Start Date: Lease End Date: First Month Prorated Rent: n/a Last Month Prorated Rent: n/a 2. MANAGING AGENT AUTHORITY SMR Management,Inc. is Owner’s Agent and has complete authority to lease, collect rents, promulgate and enforce project rules and regulations, order repair, evict Tenants, prosecute claims on the Owner’s behalf and take any other action necessary to manage Campbell Street Apartments (Project Name). 3. LEASED PREMISES Unit 09 Number of bedrooms J (Refeired to as the “Premises” or “Unit” in this Lease Agreement) Rural Development Lease 1 Rev. 2/20/2020 EXHIBIT B 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM ●N J 4. PETS. The pet policy ui this project is as follows: a) Pets Are Not Allowed unless authorized by management by separate attached agreement. Tenants are not allowed to house pets on the premises or on the accompanying grounds of projects. Additionally, tenants shall not allow any visitors or guests to bring pets on the premises or accompanying gi'ounds. b) In all projects if Tenant is handicapped or disabled and requires a service animal for assistance, such animal may reside on the premises with verification of need and prior management permission. 5. NUMBER OF OCCUPANTS. The number of occupants listed above must be in accordance with occupancy limits as set forth by Owner/Manager based upon local codes and ordinances and Rural Development regulations as each may change from time to time. Owner/Manager may change the occupancy limit during the lease term if changes in law, ordinance or regulations make such change necessary. The minimum occupancy limit will correspond to the number of bedrooms. The maximum occupancy limit will depend on local ordinances and regulations and the square footage of usable sleeping area as defined by Rural Development regulations. Notwithstanding the above, Owner/Manager shall have the right to make reasonable accommodations for individuals with disabilities and may adjust occupancy limits to further the goal of reasonable accommodation. 6. 20 ^„,TERM OF LEASE, This Lease Agreement will commence on nflarch / . If this Lease Agreement commences on the 1®' of a month, this lease will run for a one year term from its date of commencement. In the event that this lease commences mid-month, the teim of this Lease Agreement term will be for one year^ ie of the m( Mlowing commencement. This Lease Agreement will expire at midnight ^ , 20 j^^^This Lease Agreement automatically renews for additional terras of on/year, calculated from the date of expiration, (unless the federal loan for this project will be repaid, in which case the final term may be for less than one year) provided that Tenant continues to meet eligibility requirements. Tenant must notify Owner/Manager in the manner described in paragraph 14 of this Lease Agreement if Tenant does not desire automatic renewal. In the event that this lease commences mid-month. Tenant will pay, prior to commencement of this Lease Agreement, pro-rated rent for the period from the day when this Lease Agreement is commenced until the end of the commencement month. Tenant’s rent for the month following commencement and each month thereafter will be due and payable to the P' of each month in accordance with paragraph 9 of this Agreement. 7. ELIGIBILITY REQUIREMENTS. Prior to execution of this Lease Agreement, Tenant must provide the Owner/Agent witli verification of income and complete an application for housing. All eligibility and rental rate requirements are determined through the Rural Development 3560-8 Tenant Certification Form. Tenant will be required to, provide information about: sources of Tenant’s income (work, support payments, unemployment compensation, welfare assistance, etc.); Tenant’s assets (bank accounts, savings bonds, real property, etc.); Tenant’s medical, childcare and disabled assistance expenses; and names and ages of household members. The Tenant understands that rental rates are based 2 Rural Development Lease Rev. 2/20/2020 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM on the 3560-8 and agrees to sQbmit to annual recertification ofincome ana eligibility. The Tenant agrees to cooperate with this process by providing all required income and household member information in a timely manner. 8. RURAL DEVELOPMENT REQUIRED LEASE CLAUSES. The following lease clauses are required by Rural Development. Tenant should read each one cai'efially. Tenant’s signature on this Lease Agreement certifies that Tenant has read, understood and agreed (where applicable) to all ofthe following representations: a) Nondiscrimination. The project in which Tenant will rent is Rural Development financed and is subject to nondiscrimination provisions of Title VI ofthe Civil Rights Act of 1964, Title VH ofthe Fair Housing Act, Section 504 ofthe Rehabilitation Act of 1973, Age Discrimination Act of 1975, and the Americans with Disabilities Act.. All complaints are to be directed to the Administrator, USDA Rural Development, Washington, DC 20410. Further, the project is subject to all nondiscrimination provisions under the laws ofthe State. b) Overcrowding or Underutilization. If Tenant’s unit should become overcroweded or underutilized or should the Tenant no longer meet the eligibility requirements ofthe project during the term ofthe lease agi'eement, he/she will be required to vacate the unit at the end of the lease term unless eligibility can be established following specified steps, such as moving to an appropriate sized unit, or an exception is granted by management. c) Personal Possessions. Tenants tenancy still exist during the time that Tenant’s household personal possessions remain in the apai'tment unit even after the Tenant’s household has moved out with the intent to vacate or lease the project. Abandoned personal property will be stored by Landlord at Tenant’s expense in accordance with State Law. Landlord will have a lien on the personal property to pay for such storage charges. d) Rent Escalation Clause. It may become necessary to change rent or occupancy charges PRIOR TO THE EXPIRATION ofthis Lease Agreement due to changes in utility or other operating costs. All increases must be approved by Rural Development, but if the escalation of rent is approved, it will take effect upon 30 day notice; EVEN IF THE LEASE TERM HAS NOT EXPIRED.No increase will be due to prepayment ofthe Rural Development loan. In the event that Owner’s Federal subsidy is curtailed due to a default of Owner,rent shall not change over tliat which would have been required ifthe subsidy remained in place. e) Change in Eligibility Standards. “I understand that I will no longer be eligible for occupancy in this Project if my income exceeds the maximum allowable adjusted income as defined periodically by USDA Rural Development for the State.” 4) Change in Income or Household Members.“I agree I must immediately notify the Management/Owner when there is a change in my gi'oss income or adjustment to income, or when there is a change in the number of persons living in the household. I understand that failure to repoit such changes may result in my losing benefits to which I may be entitled or may result in the Management/Owner taking corrective action if benefits were mistalcenly received. I understand the connective action the Management/Owner may take includes the initiation of a 3 Rural Development Lease Rev. 2/20/2020 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM demand for repayment of any benefits or rental subsidies improper^ i^eceived, initiation of a notice to cancel any rental assistance or Section 8 assistance being received for the balance of my certificatiorisperiod, initiation of a notice to increase my monthly rent to $ ! (a) per month (note rate rent), or initiation of a notice oftermination.I understand that one or more ofthese remedies may be initiated at the option ofthe Management/Owner. g) Extended Absence.“I understand that I must promptly notify the Owner/Agent of any extended absences and that ifI do not personally reside in the unit as my primary residence except for health or emergency, Owner/Manager may terminate lease.“ h) Receipt of Rental Benefits to Which Tenant is not Entitled. “I understand that should I receive rental benefits to which I am not entitled due to my/our failure to provide information or due to incorrect information provided by me or on my behalf by others, or for any other household member,I may be required to make restitution and I agiee to pay any amount of benefits to which I was not entitled.” i) Income Certification."I understand that income certification is a requirement of occupancy and I agree to promptly provide any certifications &d income verifications required by the Owner to permit determination of eligibility and, when applicable,the monthly Tenant contribution to be charged.” j) Violations of Drug Law.“It is understood that the use, or possession, manufacture, sale or distribution of an illegal substance(as defined by local, state, or federal law) while in or on any part ofthis apartment complex or cooperative is an illegal act. It is fiiither understood that such action is a material lease violation. Such violations(hereinafter called “drug violation(s)” may be evidenced upon the admission to or conviction of a drug violation. It is fiuther understood that domestic violence will not be tolerated on Rural Housing properties, and that such action is a material lease violation. All perpetrators will be evicted, while the victim and other household occupants may remain in the unit in accordance with eligibility requirements. The landlord may require any lease or other adult member of the tenant household occupying the unit(or other adult or non-adult person outside the tehant household who is using the unit) who commits a drug violation or domestic violence to vacate the leased unit permanently, within time frames set by the landlord, and not thereafter enter upon the landlord’s premises or the lessee’s unit without the landlord’s prior consent as a condition for continued occupancy by members of the tenant household. The landlord may deny consent for entiy unless the person agrees not to commit a drug violation or domestic violence in the future and is either actively participating in a counseling or recovery program, complying with court orders related to a dnig violation or domestic violence, or has completed a counseling or recovery program. The landlord may requhe any lessee to show evidence that any non-adult member of the tenant household occupying the unit, who committed a drug violation or domestic violence, agrees to not commit a drug violation or domestic violence in the future, and to show evidence that the person is either actively seeking or receiving assistance through a counseling or recovery program, complying with court orders related to a drug violation or domestic violence, completed 4 Rural Development Lease Rev. 2/20/2020 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM a counseling or recovery program within time frames specified by the landlord as a condition for continued occupancy in the unit. Should a further drug violation or domestic violence be committed by any non-adult person occupying the unit, the landlord may require the person to be severed from tenancy as a condition for continued occupancy by the lessee. If a person vacating the unit, as a result ofthe above policies, is one ofthe lessees, the person shall be severed from the tenancy and the lease shall continue among any other remaining lessees and the landlord. The landlord may also, at the option ofthe landlord, permit another adult member ofthe household to be a lessee. Should any ofthe above provisions governing a drug violation be found to violate any ofthe laws of the land,the remaining enforceable provisions shall remain in effect. The provisions set out above do not supplant any rights oftenants afforded by law.” (k) Occupancy of Handicapped Unit by Person Not Handicapped.“I/we acloiowledge that I/we am/are occupying a designated handicapped accessible unit. I/we acknowledge that priority for such units is given to those needing special physical design features. I/we acknowledge that I/we are permitted to occupy the unit until management issues a notice that a priority applicant is on the waiting list and that I/we must move to another suitable sized vacant unit in the project. Upon receiving this notice, I/we agree to move at my/our own expense within 30 calendar days to the suitable sized vacant unit within the project, if one is available. I/we further understand my/our rental rate will change, when appropriate, to the rental rate for the unit I/we move to and this lease will be modified accordingly.” (/) Effect of Acceleration and Foreclosure Proceedings. During acceleration and foreclosure proceedings affecting the Premises, the tenant contribution must remain as if the interest credit and/or rental subsidy were still in place and available had the acceleration not occurred; and the teims ofthe Lease Agreement will remain in’effect until the date acceleration and/or foreclosure is resolved. (m) Occupancy of Unit by LOPE Tenant.If Tenant has a 20/, Letter of Priority Entitlement(LOPE)and is occupying a unit for which they ai-e not eligible. Tenant agrees to move to the first appropriate apartment available. 9. HUE DATE OF RENT AND UTILITY PAYMENTS.Tenant’s monthly rental payment ai-e payable without invoice and due on the of each month but will not be considered late if they are received by the 10"' of each month. Payments ai-e to be paid as instructed by Management and shall not be paid in cash. Should a check be returned to management because of insufficient funds. Tenant will be responsible for any and all charges to project accounts in the amount of$25 dollars. After one(1) returned check only bank checks, money orders, or cashier checks will be accepted for payment. Unless prior accepted aiTangements have been made, payments made after the 10"' are considered late. Repeated late rental payments are lease violations and can lead to termination ofthis Lease Agi-eement. If payment is not received by tlie 10'*' ofthe month, a late fee in the amount of$10 dollars will be added on tlie 11"' day ofthe month. 5 Rural Development Lease Rev. 2/20/2020 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM Tenant has responsibimy for prompt payment of all telephone, cabi^-tv, including installation charges, all electric utilities, and natural gas utilities. At move-in, Tenant must notify the electiic company and / or natural gas company to place the apartment meter in Tenant’s name and sign a utility release for management. Tenant receives a utility allowance if applicable under this Lease. Failure to pay utilities is a Lease violation. Should the meter be turned off or be removed this could lead to termination ofthis Lease Agreement. If project requii-es separate apartment billing for water and sewer or garbage, the same provisions apply as set forth above. 10. RENT AND DTrLITY CHANGE PROVISIONS.Tenant’s signature on this Lease Agreement certifies that Tenant has read, understood and agreed to all ofthe representations: a) Basic Information [Indicate onform whichever provisions apply to Tenant’s unit an "X” in the underlined space.] Subsided(RA)Provisions Apply to Tenant’s Unit. ■I understand ani ●ee that as long as I receive rental assistance, my gross monthly Tenant contribution (as determined on latest form Rural Development 3560-8, which must be attached to this Lease) for rent and utilities will be $ . If I pay any and all utilities directly (not including phone or cable TV), a utility allowance of $ will be deducted from my monthly Tenant contribution and my resulting net monthly contributidi ill be$ . If my net monthly Tenant contribution would be less than zero, the lessor will pay me “I also understand and agree that my monthly Tenant contn idon under this Lease may be raised or lowered based on changes in the household income, failure to submit utfom.ation necessary to certify income, changes in the number and age of persons living in the household, and'"bUsthe escalation clause in this Lease. Should I no longer receive rental assistance as a result of these changes, ofthe rental assistance agreement executed by the Owner and Rural Development expires, I understand and agree that my monthly Tenant contribution may be adjusted to no less than $ (Basic Rent) nor more than $ (Note Rate Rent) during the remaining term of this Lease, except that based on the escalation clause in this Lease these rental rates may be changed by a Rural Development approved rent change. A Plan II (Interest Credit Only) Provision Apply to Tenant Unit “I understand that every effort will be made to provide rental assistance so long as I remain eligible and the rental assistance agreement between Owner and Rural Development remains in effect. However, should this assistance be terminated, I may an-ange to terminate this Lease, giving proper notice as set forth elsewhere in this Lease Agreement.” “I understand and agi-ee that my gross monthly Tenant conhibution as determined on the latest Rural Develonment 3560-8, which must be attached to this Lease, for rent and utilities will be “If I pay any or all utilities directly (not including telephone or cable TV), a utility allowance of $ , (jJ will be deducted from my gross monthly Tenant contribution except that I will pay not less than basic rent nor more than the note rate rent stated below. My net monthly rent will be 6 Rural Development Lease Rev. 2/20/2020 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM $ Mr U) .I understand that should I receive rental subsidy benefits to which I was not entitled,I may be required to make restitution and I agree to pay any amount of benefit to which I was not entitled. I also understand and agi-ee that my monthly Tenant rent under this Lease may be raised or lowered based on changes in the household income,failure to submit information necessary to certify income, changes in the number and age of persons living in the household and on the escalation clause in this Lease Agreement. My Tenant contribution will not, however, be less than $ nor more than $ ^n^'CO (Note Rate Rent) during the term ofthis Lease, except that based on the escalation clause in the Lease Agreement, these rental rates may be changed by a Rural Development approved rent change.” b) Rent Increase. During the term ofthis Lease and with Rural Development approval, basic and market rents may be increased. The Tenant understands that should the basic rent be increased, then a rental payment will not be lower than the new basic rent. Tenants always receive a 30-day notice ofa rent increase based upon Rural Development approval and are notified of proposed increases 60 days prior to the intent to change rental rates. c) Notice of Rent Increase and Obligation to Cooperate with Recertification. Should a change in income occur which results in rent increase, Tenant will receive a 30-day notice ofthe increase. In the same manner,at annual recertification, a 30-day notice will be given ofthe increase. This 30-day notice will not occur ifTenant has withheld income change information from Agent or is delinquent in providing income information for'an annual recertification. Should Tenant not cooperate with the recertification procedure, upon expiration ofthe current certification Tenant will be charged note rate rent and eviction proceedings may be instituted. d) Recertification Requirements. Tenant must notify Owner/Agent immediately of all changes in gross income or increase/decrease of assets. While this is not meant to be an exhaustive list, changes in income may result from changes in hours worked, salary rates, social security, pensions, public assistance, and sale of assets. Tenants must also notify Owner/Agent of any changes in adjustments to income. While this is not meant to be an exhaustive list, changes in adjustments to income could result from changes in the number of minors or handicapped people in the household, changed medical expenses, and changed childcare expenses. In tlie event that changes in permanent income either increase by $100.00 per month or more, or decrease by $50.00 per month or more, Tenant’s permanent income fr'om the level which it was at during tire most recent certification, Owner/Agent will proceed with recertification based on the new information. ● e) Consequences If Tenant’s Income Exceeds Rural Development Guidelines. Should the Tenant’s income exceed the maximum allowed amount as set by Rural Development, Tenant is no longer eligible for occupancy in this Project and must vacate the unit in thirty(30)days or at the end ofthe term ofthis Lease Agi'eement(whichever is longer) unless an exception is granted by Rural Development.However, should the Tenant remain in the unit for the reminder ofthe tern ofthe Lease, Tenant must pay note rate rent. f) Cousequences If Occupancy Standards Are Not Met.Iffamily composition changes so occupancy standards are no longer met. Tenant agiees to fransfer to an appropriate bedroom size when one is available unless continued occupancy in unit is permitted by Owner/Manager. Transferal will occur upon a 30-day notice fi'om the Owner/Agent; should the Tenant refuse 7 Rural Development Lease Rev. 2/20/2020 46-CV-22-515 Filed in District Court State of Minnesota 6/14/2022 5:27 PM transferal as required o/^this Lease, rent will be raised to note rate, -^ tiring the term ofthe Lease, Tenants required to transfer may remain in the current unit; however, should an appropriate bedroom size unit not become available at the end of Lease term Tenant must vacate the unit unless extenuating circumstances lead to Landlord/Rural Development permission to remain. 11. SECURITY DEPOSIT.Tenant understands that a ^ecprj^ty^ deposit is required under this Lease Agreement and agrees to deposit one month’s basic rent($ with the Owner/Manager. This deposit must be paid prior to occupancy unless a security deposit payment plan is arranged. The security deposit is placed in a separate account. Should the Lease be broken and Manager cannot re-rent promptly, or should unpaid rent, late fees or legal fees be due, or any damages unpaid, this deposit will be applied to these charges upon Tenant vacating the unit. Damage is any harm to the unit beyond normal weai' and tear. In case ofTenant death, these charges will be levied against the estate. After any deductions as listed, balance (if any)of deposit shall be refunded to Tenant or estate. After any deductions as listed, balance (if any)of deposit shall be refunded to Tenant or estate. Tenant will receive a written statement, which itemizes the reasons for security deposit retention within twenty-one(21) days of expiration of lease. If charges exceed deposit amount,then Tenant or estate shall be billed for the amount exceeding deposit. The following provisions may alter or amend the amount or time for payment ofthe security deposit. 12. TENANT RESPONSIBILITIES.By signing this rental agreement, Tenant agi'ees to undertake the obligations set forth below. Tenant should read each obligation carefully: a) Pay Rent and Utilities. Tenant agrees to pay the rent each month on or before the without a statement of billing; and to pay electric, gas, and other utilities that may be Tenant s responsibility for this unit; b) Number of Occupants. Tenant agrees not to accommodate boarders or lodgers and not admit others to this household without prior management approval. This unit is a dwelling for