Preview
27-CV-HC-23-1767
Filed in District Court
State of Minnesota
2/28/2023 4:39 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
BWC Q, LLC CASE NO. __________
BWC Z, LLC,
Plaintiff, EVICTION ACTION COMPLAINT
v.
Anaja Davenport
2111 21st Avenue S #S14
Minneapolis, MN 55404,
Defendant.
Robin Ann Williams, Laurel J. Pugh, Kerri J. Nelson, or Peter B. Wagner, attorney for Plaintiff,
states and declares as follows:
1) Plaintiff leased or rented to Defendant, by a written agreement, the premises at 2111 21st
Avenue S #S14, in the City of Minneapolis, County of Hennepin, the State of Minnesota,
Zip Code 55404.
2) The rent due and payable under this agreement each month is $950.00, due on the first day
of each month.
3) The owner of the premises described above is BWC Q, LLC and BWC Z, LLC.
4) Plaintiff/owner, having present right of possession of said property, has complied with
M.S.A. 504B.181 by:
disclosing to tenant either in the rental agreement or otherwise in writing
prior to commencement of tenancy the name and address of:
1. the person authorized to manage premises AND
2. the owner or agent authorized by owner to accept service of process
and receive and give receipts for notice and demands AND
posting outside the management office a printed notice containing the above
information; OR
the above information was known by tenant not less than 30 days before the
filing of this action because it is in the lease.
27-CV-HC-23-1767
Filed in District Court
State of Minnesota
2/28/2023 4:39 PM
5) Plaintiff seeks to have Defendant evicted for the following reasons:
a.(i) This nonpayment eviction action is allowed because the eviction moratorium under
Minnesota Session Laws – 2021, 1st Special Session, Chapter 8, Article 5, has ended.
(ii) Plaintiff’s property:
is not subject to the federal CARES Act.
is located in Minneapolis. The notice required by Minneapolis is attached here as
Exhibit A.
(iii) Defendant is still in possession of the above premises and has failed to pay amounts as
follows: January 2023 rent of $595.00, a January 2023 late fee of $40.00, February 2023
rent of $950.00, and a February 2023 late fee of $40.00. The total amount sought in this
eviction action and owed by Defendant is $1,625.32. In addition, Plaintiff demands
payment of “costs of the action” pursuant to Minn. Stat. 504B.291.
6) Plaintiff seeks judgment against the above Defendant for recovery of said premises plus
costs and disbursements herein.
7) Defendant is not now in the military or naval service of the United States, to the best of
Plaintiff’s information and belief.
I declare under penalty of perjury that everything that I have stated in this document is true and
correct. Minn. Stat. § 358.116.
Dated: February 28, 2023 ABRITER PLLC
Hennepin County, Minnesota By: /s/ Peter B. Wagner
County and State where signed Robin Ann Williams (#242664)
Laurel J. Pugh (#330012)
Kerri J. Nelson (#0386920)
Peter B. Wagner (#0402864)
333 Washington Avenue North, Suite 300
Minneapolis, MN 55401
612-349-2769
rwilliams@abriterlaw.com
lpugh@abriterlaw.com
knelson@abriterlaw.com
pwagner@abrtierlaw.com
Attorneys for Plaintiff
2
27-CV-HC-23-1767
Filed in District Court
State of Minnesota
2/28/2023 4:39 PM
02/06/2023
x BY HAND DELIVERY
x BY EMAIL
Anaja Davenport
2111 21st Avenue S
S14
Minneapolis, MN 55404
Dear Anaja:
You have a past-due balance for rent. The Minnesota state eviction moratorium has ended, and
you may soon be subject to an eviction action. The total amount of past-due rent as of 02/06/
2023 is $1,625.32.
This letter is notice that we may bring an eviction action against you on or after February
21st, 2023 unless you pay your past-due balance – or provide documentation that you are
eligible for and have applied for COVID-19 emergency rental assistance – or vacate your
unit. In the event we file an eviction action against you, and you live at a property covered by
the CARES Act, we will not ask the sheriff to move you from your unit before a date that is 30
days after the date of this letter.
The name and address of the person authorized to receive rent and fees on behalf of the landlord
is Jessica McGinley at 2107 21st Ave S, Minneapolis, MN 55404. Please contact this person
immediately to make arrangements for payment, to provide information regarding any
application for COVID-19 emergency rental assistance, or to discuss vacating your unit.
We have enclosed a ledger that provides a breakdown of the owed amounts. We will add to the
amount due the rent and other charges that accrue after the date of this letter. Please note that
acceptance of partial payment of amounts owed by you will not waive our right to file an
eviction action for any remaining owed amounts.
The City of Minneapolis website also has some information regarding legal and financial
assistance that may be available to you.
• City of Minneapolis Resident Services can be accessed at:
27-CV-HC-23-1767
Filed in District Court
State of Minnesota
2/28/2023 4:39 PM
https://www2.minneapolismn.gov/resident-services/property-housing/renters/renter-
resources/
• Resources and information on housing assistance during the COVID-19 pandemic:
https://www2.minneapolismn.gov/government/programs-initiatives/coronavirus/housing/
• Other resources for renters can be accessed at:
https://www2.minneapolismn.gov/resident-services/property-housing/renters/renter-
rights/
Sincerely,
JadaRae Lawson
Property Manager
Enclosures (enclosed if checked)
□ Notice of Occupancy Rights Under VAWA 2013
□ VAWA Certification Form
x Ledger
27-CV-HC-23-1767
Filed in District Court
State of Minnesota
Tenant Ledger 2/28/2023 4:39 PM
Tenants: Anaja S. Davenport
Mobile: (
Unit: 2111-S14
Property: Bridgewater Crossings - 2101 21st Avenue S Minneapolis, MN 55404
Status: Current
Move in date: 09/15/2022
Move out date: --
Lease Expiration: 09/30/2023
Rent: 950.00
Deposit Paid: 950.00
Date Payer Description Charges Payments Balance
Starting Balance 0.00
08/14/2022 Application Fee Income 45.00 45.00
08/14/2022 Anaja S. Davenport Credit Card Payment ( Payment refunded on 09/15/ 45.00 0.00
2022
08/18/2022 Security Deposits - Move In Charge: Security Deposits 950.00 950.00
08/18/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 950.00 0.00
08/22/2022 Anaja S. Davenport NSF reversal receipt for Reference -950.00 950.00
09/13/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 1,456.67 -506.67
09/15/2022 Rent Income - Move In Charge: Rent Income 506.67 0.00
09/15/2022 Anaja S. Davenport Chargeback Refund receipt on 09/15/2022 -45.00 45.00
09/15/2022 Anaja S. Davenport NSF reversal receipt for Reference -1,456.67 1,501.67
09/19/2022 Late Fee/NSF Fees - Late Fee for Sep 2022 40.00 1,541.67
09/19/2022 Anaja S. Davenport Credit Card Payment ( 1,541.67 0.00
10/01/2022 Rent Income - October 2022 950.00 950.00
10/04/2022 Anaja S. Davenport ACH Payment ( 950.00 0.00
11/01/2022 Rent Income - November 2022 950.00 950.00
11/05/2022 Late Fee/NSF Fees - Late Fee for Nov 2022 40.00 990.00
11/05/2022 Anaja S. Davenport ACH Payment Reversed by NSF 990.00 0.00
11/08/2022 Anaja S. Davenport NSF reversal receipt for Reference -990.00 990.00
11/08/2022 Anaja S. Davenport ACH Payment ( 500.00 490.00
11/09/2022 Anaja S. Davenport ACH Payment ( 370.03 119.97
12/01/2022 Rent Income - December 2022 950.00 1,069.97
12/04/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 85.21 984.76
12/04/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 984.76 0.00
12/05/2022 Late Fee/NSF Fees - Late Fee for Dec 2022 40.00 40.00
Created on 02/06/2023 Page 1
27-CV-HC-23-1767
Filed in District Court
State of Minnesota
Tenant Ledger 2/28/2023 4:39 PM
Date Payer Description Charges Payments Balance
12/06/2022 Anaja S. Davenport NSF reversal receipt for Reference -85.21 125.21
12/06/2022 Anaja S. Davenport NSF reversal receipt for Reference -984.76 1,109.97
12/06/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 116.42 993.55
12/06/2022 Anaja S. Davenport ACH Payment ( 74.76 918.79
12/08/2022 Anaja S. Davenport NSF reversal receipt for Reference -116.42 1,035.21
12/11/2022 Anaja S. Davenport ACH Payment ( 513.89 521.32
12/13/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 466.00 55.32
12/15/2022 Anaja S. Davenport NSF reversal receipt for Reference -466.00 521.32
12/15/2022 Anaja S. Davenport Credit Card Payment ( 446.00 75.32
01/01/2023 Rent Income - January 2023 950.00 1,025.32
01/05/2023 Late Fee/NSF Fees - Late Fee for Jan 2023 40.00 1,065.32
01/08/2023 Anaja S. Davenport Credit Card Payment ( 430.00 635.32
01/16/2023 Anaja S. Davenport ACH Payment ( Reversed by NSF 635.32 0.00
01/19/2023 Anaja S. Davenport NSF reversal receipt for Reference -635.32 635.32
02/01/2023 Rent Income - February 2023 950.00 1,585.32
02/05/2023 Late Fee/NSF Fees - Late Fee for Feb 2023 40.00 1,625.32
Total 1,625.32
Created on 02/06/2023 Page 2
Preview
27-CV-HC-23-1767 Filed in District Court State of Minnesota 2/28/2023 4:39 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT BWC Q, LLC CASE NO. __________ BWC Z, LLC, Plaintiff, EVICTION ACTION COMPLAINT v. Anaja Davenport 2111 21st Avenue S #S14 Minneapolis, MN 55404, Defendant. Robin Ann Williams, Laurel J. Pugh, Kerri J. Nelson, or Peter B. Wagner, attorney for Plaintiff, states and declares as follows: 1) Plaintiff leased or rented to Defendant, by a written agreement, the premises at 2111 21st Avenue S #S14, in the City of Minneapolis, County of Hennepin, the State of Minnesota, Zip Code 55404. 2) The rent due and payable under this agreement each month is $950.00, due on the first day of each month. 3) The owner of the premises described above is BWC Q, LLC and BWC Z, LLC. 4) Plaintiff/owner, having present right of possession of said property, has complied with M.S.A. 504B.181 by: disclosing to tenant either in the rental agreement or otherwise in writing prior to commencement of tenancy the name and address of: 1. the person authorized to manage premises AND 2. the owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands AND posting outside the management office a printed notice containing the above information; OR the above information was known by tenant not less than 30 days before the filing of this action because it is in the lease. 27-CV-HC-23-1767 Filed in District Court State of Minnesota 2/28/2023 4:39 PM 5) Plaintiff seeks to have Defendant evicted for the following reasons: a.(i) This nonpayment eviction action is allowed because the eviction moratorium under Minnesota Session Laws – 2021, 1st Special Session, Chapter 8, Article 5, has ended. (ii) Plaintiff’s property: is not subject to the federal CARES Act. is located in Minneapolis. The notice required by Minneapolis is attached here as Exhibit A. (iii) Defendant is still in possession of the above premises and has failed to pay amounts as follows: January 2023 rent of $595.00, a January 2023 late fee of $40.00, February 2023 rent of $950.00, and a February 2023 late fee of $40.00. The total amount sought in this eviction action and owed by Defendant is $1,625.32. In addition, Plaintiff demands payment of “costs of the action” pursuant to Minn. Stat. 504B.291. 6) Plaintiff seeks judgment against the above Defendant for recovery of said premises plus costs and disbursements herein. 7) Defendant is not now in the military or naval service of the United States, to the best of Plaintiff’s information and belief. I declare under penalty of perjury that everything that I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated: February 28, 2023 ABRITER PLLC Hennepin County, Minnesota By: /s/ Peter B. Wagner County and State where signed Robin Ann Williams (#242664) Laurel J. Pugh (#330012) Kerri J. Nelson (#0386920) Peter B. Wagner (#0402864) 333 Washington Avenue North, Suite 300 Minneapolis, MN 55401 612-349-2769 rwilliams@abriterlaw.com lpugh@abriterlaw.com knelson@abriterlaw.com pwagner@abrtierlaw.com Attorneys for Plaintiff 2 27-CV-HC-23-1767 Filed in District Court State of Minnesota 2/28/2023 4:39 PM 02/06/2023 x BY HAND DELIVERY x BY EMAIL Anaja Davenport 2111 21st Avenue S S14 Minneapolis, MN 55404 Dear Anaja: You have a past-due balance for rent. The Minnesota state eviction moratorium has ended, and you may soon be subject to an eviction action. The total amount of past-due rent as of 02/06/ 2023 is $1,625.32. This letter is notice that we may bring an eviction action against you on or after February 21st, 2023 unless you pay your past-due balance – or provide documentation that you are eligible for and have applied for COVID-19 emergency rental assistance – or vacate your unit. In the event we file an eviction action against you, and you live at a property covered by the CARES Act, we will not ask the sheriff to move you from your unit before a date that is 30 days after the date of this letter. The name and address of the person authorized to receive rent and fees on behalf of the landlord is Jessica McGinley at 2107 21st Ave S, Minneapolis, MN 55404. Please contact this person immediately to make arrangements for payment, to provide information regarding any application for COVID-19 emergency rental assistance, or to discuss vacating your unit. We have enclosed a ledger that provides a breakdown of the owed amounts. We will add to the amount due the rent and other charges that accrue after the date of this letter. Please note that acceptance of partial payment of amounts owed by you will not waive our right to file an eviction action for any remaining owed amounts. The City of Minneapolis website also has some information regarding legal and financial assistance that may be available to you. • City of Minneapolis Resident Services can be accessed at: 27-CV-HC-23-1767 Filed in District Court State of Minnesota 2/28/2023 4:39 PM https://www2.minneapolismn.gov/resident-services/property-housing/renters/renter- resources/ • Resources and information on housing assistance during the COVID-19 pandemic: https://www2.minneapolismn.gov/government/programs-initiatives/coronavirus/housing/ • Other resources for renters can be accessed at: https://www2.minneapolismn.gov/resident-services/property-housing/renters/renter- rights/ Sincerely, JadaRae Lawson Property Manager Enclosures (enclosed if checked) □ Notice of Occupancy Rights Under VAWA 2013 □ VAWA Certification Form x Ledger 27-CV-HC-23-1767 Filed in District Court State of Minnesota Tenant Ledger 2/28/2023 4:39 PM Tenants: Anaja S. Davenport Mobile: ( Unit: 2111-S14 Property: Bridgewater Crossings - 2101 21st Avenue S Minneapolis, MN 55404 Status: Current Move in date: 09/15/2022 Move out date: -- Lease Expiration: 09/30/2023 Rent: 950.00 Deposit Paid: 950.00 Date Payer Description Charges Payments Balance Starting Balance 0.00 08/14/2022 Application Fee Income 45.00 45.00 08/14/2022 Anaja S. Davenport Credit Card Payment ( Payment refunded on 09/15/ 45.00 0.00 2022 08/18/2022 Security Deposits - Move In Charge: Security Deposits 950.00 950.00 08/18/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 950.00 0.00 08/22/2022 Anaja S. Davenport NSF reversal receipt for Reference -950.00 950.00 09/13/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 1,456.67 -506.67 09/15/2022 Rent Income - Move In Charge: Rent Income 506.67 0.00 09/15/2022 Anaja S. Davenport Chargeback Refund receipt on 09/15/2022 -45.00 45.00 09/15/2022 Anaja S. Davenport NSF reversal receipt for Reference -1,456.67 1,501.67 09/19/2022 Late Fee/NSF Fees - Late Fee for Sep 2022 40.00 1,541.67 09/19/2022 Anaja S. Davenport Credit Card Payment ( 1,541.67 0.00 10/01/2022 Rent Income - October 2022 950.00 950.00 10/04/2022 Anaja S. Davenport ACH Payment ( 950.00 0.00 11/01/2022 Rent Income - November 2022 950.00 950.00 11/05/2022 Late Fee/NSF Fees - Late Fee for Nov 2022 40.00 990.00 11/05/2022 Anaja S. Davenport ACH Payment Reversed by NSF 990.00 0.00 11/08/2022 Anaja S. Davenport NSF reversal receipt for Reference -990.00 990.00 11/08/2022 Anaja S. Davenport ACH Payment ( 500.00 490.00 11/09/2022 Anaja S. Davenport ACH Payment ( 370.03 119.97 12/01/2022 Rent Income - December 2022 950.00 1,069.97 12/04/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 85.21 984.76 12/04/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 984.76 0.00 12/05/2022 Late Fee/NSF Fees - Late Fee for Dec 2022 40.00 40.00 Created on 02/06/2023 Page 1 27-CV-HC-23-1767 Filed in District Court State of Minnesota Tenant Ledger 2/28/2023 4:39 PM Date Payer Description Charges Payments Balance 12/06/2022 Anaja S. Davenport NSF reversal receipt for Reference -85.21 125.21 12/06/2022 Anaja S. Davenport NSF reversal receipt for Reference -984.76 1,109.97 12/06/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 116.42 993.55 12/06/2022 Anaja S. Davenport ACH Payment ( 74.76 918.79 12/08/2022 Anaja S. Davenport NSF reversal receipt for Reference -116.42 1,035.21 12/11/2022 Anaja S. Davenport ACH Payment ( 513.89 521.32 12/13/2022 Anaja S. Davenport ACH Payment ( Reversed by NSF 466.00 55.32 12/15/2022 Anaja S. Davenport NSF reversal receipt for Reference -466.00 521.32 12/15/2022 Anaja S. Davenport Credit Card Payment ( 446.00 75.32 01/01/2023 Rent Income - January 2023 950.00 1,025.32 01/05/2023 Late Fee/NSF Fees - Late Fee for Jan 2023 40.00 1,065.32 01/08/2023 Anaja S. Davenport Credit Card Payment ( 430.00 635.32 01/16/2023 Anaja S. Davenport ACH Payment ( Reversed by NSF 635.32 0.00 01/19/2023 Anaja S. Davenport NSF reversal receipt for Reference -635.32 635.32 02/01/2023 Rent Income - February 2023 950.00 1,585.32 02/05/2023 Late Fee/NSF Fees - Late Fee for Feb 2023 40.00 1,625.32 Total 1,625.32 Created on 02/06/2023 Page 2