Document for I-90 Properties, LLC vs Felipe Hernandez

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                                Filed in District Court
                                                                                               State of Minnesota
                                                                                               July 3, 2023


State of Minnesota                                                                               District Court
Jackson County                                                                           Fifth Judicial District
                                                      Court File Number:           32-CV-23-55
                                                      Case Type                    Eviction (UD)
I-90 Properties, LLC vs Felipe Hernandez
                                                            Eviction Action – Findings of Fact,
                                                            Conclusions of Law, Order and
                                                            Judgment (Minn. Stat. §504B.345)
This case was heard via Zoom by the undersigned on June 13, 2023.

PLAINTIFF:
  Appeared in person.                                  Represented by:  counsel  agent
  Appeared through agent                               ______________________________________
  Did not appear and is in default.                    Name Taliesen Burrows

DEFENDANT:                                             With interpreter, Ninoska Mancebo-Meyer
  Appeared in person.                                  _____________________________________
  Did not appear and is in default.                    Name
Defendant has     admitted      denied the allegations in the Eviction Action complaint.
                       Findings of Fact and Conclusions of Law
1.     Plaintiff has failed to prove the allegations in the complaint.
2.     COMPLAINT:
       Plaintiff proved the following allegations by a preponderance of the evidence.
           a. Compliance with Minn. Stat. § 504B.181.
           b. Defendant has failed and refuses to pay rent for the month(s) of
                                       in the amount of $______________ per month payable on
               the __________ day of each month for a total due of $________________.
           c. Notice to vacate was properly given and Defendant has failed to vacate said
               property.
           d. Defendant has broken the terms of the rental agreement and Defendant has failed
               to vacate the property.
           e. Defendant defaulted on the mortgage and the property has been sold at a Sheriff’s
               sale. The Redemption period has expired and Plaintiff is entitled to possession.
           f. Defendant defaulted on a contract deed and is holding over after proper
               cancellation of the contract.
           g. Other:                                                                      .
3.     DEFENSES:
       Defendant(s) proved the following defenses by a preponderance of the evidence.
          a. Improper service by
          b. Violation of the covenants of habitability by
          c. Improper notice because



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          d. Waiver of                          by
          e. Other:
4.    SETTLEMENT: No judgment to be entered at this time.
      The parties have reached a settlement, which is approved and incorporated in this
      Decision and Order.
             Settled through Mediation (See attached settlement agreement)
             Settled by the Litigants (See attached settlement agreement)
             Settlement terms are as follows: Court found that Respondent has not paid rent
             for April and May 2023 and will stay judgment until July 1, 2023, if Respondent
             vacates premises by June 30, 2023. If property not vacated by June 30, 2023,
             Plaintiff may file an Affidavit of Non-Compliance and Court will enter Judgment
             and issue Writ of Recovery to Plaintiff without further hearing.
                                                Order
1.    The settlement is hereby approved as agreed upon.
2.    JUDGMENT:
      The Court Administrator shall enter judgment for:

            Plaintiff for recovery of the premises. The Writ of Recovery of Premises and
            Order to Vacate shall be:
                          i. issued immediately upon request and payment of fee.
                          ii. stayed until
                                                       Date
            Defendant to remain in possession of the premises.
            Allowable costs and disbursements to the prevailing party.
3.    DISMISSAL:
      The case is dismissed    WITH              WITHOUT prejudice and the Court Administrator
      shall enter Judgment accordingly.
4.    REDEMPTION:
       Defendant may redeem the premise (for nonpayment of rent) by paying to the Plaintiff
       $__________ by _______________. If not, a judgment and writ shall issue by default.
                           Date
5.    RENT ABATEMENT:
      Defendant has had diminished use and enjoyment of the premises. Rent is abated for the
      months of _____________________________________ by a total of $_____________,
      and is abated by $______________ per month until the first month following completion
      of court ordered repairs.
6.    RENT DISBURSEMENT:
      The rent now on deposit with the Court shall be released as follows:
         $____________________ to Plaintiff          $_____________________ to Defendant.




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7.    HEARING:
      This is scheduled for court trial jury trial motion hearing on issues of
      ____________________________on________________, at ___________ (a.m./p.m.)
      at __________________________________________________________________.
8.    DISCOVERY:
      The parties shall provide to each other by_________________, the following: a list of
      witnesses, with phone numbers and addresses, and the subjects about which they will
      testify, and copies of exhibits (documents, photographs, etc.) to be introduced at trial, and
      _______________________________________________________________________.

      Parties must bring to trial three (3) copies of all exhibits.

9.    RENT INTO COURT:
      Defendant shall pay into Court the rent of $_____________ in cash or certified funds
      payable to the Court Administrator, on or before ____________ (a.m./p.m.) on
      _____________________, ______, and all future rent by the ___________ day of each
      month until further Order of the Court, or the Court will issue a Writ of Recovery of
      Premises and Order to Vacate.
10.   OTHER:




                                                           By the Court:




                                                           __________________________________
                                                           Judge




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