Legal Document: Tesoro Realty Group, LLC vs Samireal Wallace, John Doe, Mary Roe

On December 15, 2023 a Other Document Index #4 was filed involving a dispute between Tesoro Realty Group, Llc, and Wallace, Samireal, for Eviction (UD) in the District Court of Hennepin County.

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27-CV-HC-23-9779
Filed in District Court
State of Minnesota
12/15/2023 3:02 PM
MINNESOTA STATE BAR ASSOCIATION
Real Property Form No. 41 (2000)
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MINNESOTA STANDARD RESIDENTIAL LEASE
©
Copyright 1998, 1999. 2000 by "' State Bar " i. Mi...
"
Minnesota. BEFORE YOU USE OR SIGN THIS LEASE.
YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT
ADEQUATELY PROTECTS YOUR LEGAL RIGHTS.
Minnesota State Bar Association disclaims any IlabIIiLY arIsing out oi use oi this term.
The Office of the Mi A y
" '
certifies that thin contract complies with the requirement: of Minn. Stat. 53256.31
CERTIFICATION OF A CONTRACT BY THE MINNESOTA ATTORNEY GENERAL UNDER THE PLAIN LANGUAGE (1999).
CONTRACT ACT Is NOT
OTHERWISE AN APPROVAL OF THE CONTRACT'S LEGAIJTY OR LEGAL EFFECT.

Landlord and Tenant agree to the following terms.
TENANTS. (Each adult who signs this Lease is a "Tenant.") Samireal Wallace

OTHER OCCUPANTS, ANY ADULT NOT LISTED ON THE LEASE IS A VIOLATION OF THE LEASEII

LANDLORD, First Housing, LLC
The Premises ("Premises") includes dwelling unit number
at (street address) 8426 Toledo Ave
(city) Brooklyn Park MN (zip code) 55443
and garage no. . storage unit no. . parking stall no.
Term of Lease. (Write number of months or "month-tomonth.") 12 Month
Starting Date of Possession December 15. 2020 Ending Date of Possession (if known) November 30. 2021
Monthly Rent S 1800.00 Late Fee $ 8% 0' tenant ponion Security Deposit $150000
OTHER CHARGES (specify)

RECEIPT. RECEIVED FROM TENANT BY LANDLORD AT TIIE SIGNING OF THIS AMOUNT
LEASE:
FIRST MONTH'S RENT PAID IN ADVANCE
FIRST MONTH'S UTILITIES PAID IN ADVANCE (See Choices 3 and 4 below.)
LAST MONTH'S RENT PAID IN ADVANCE
SECURITY DEPOSIT PAID IN ADVANCE
FIRST MONTH'S RENT FOR GARAGE PAID IN ADVANCE
FIRST MONTH'S RENT FOR STORAGE UNIT PAID IN ADVANCE
OTHER (Specify) December pro rated PAID IN ADVANCE 31.020.00
TOTAL RECEIVED FRO.\I TENANT $1 .020.00

Notice. Under Minnesota law. the landlord of a single-metered residential
building is the bill payer responsible and shall be
the customer of record contracting with the
utility for utility services. Utilities and Services will be paid as follows.
UTILITIES: Included in Rent Not Included in Rent; Paid or Billed Separately
Choice No. l Choice No. 2 Choice No. 3 Choice No. 4
LANDLORD PAYS TENANT PAYS TENANT PAYS TENANT PAYS
SERVICE PROVIDER DIRECTLY TO LANDLORD LANDLORD FOR A
SERVICE PROVIDER (Reimbursement for PORTION OF
separately metered utility UTILITIES OR
(Tenant's Premises has or for service for Tenant's SERVICES
a separate meter and Premises with separate (Tenant's Premises does
UTILITY OR separate billing or billing or account in not have a separate
SERVICE (Utilities and services are account in Tenant's Landlord's name.) meter.)
included in rent.) name.) (ADDED TO RENT.) (ADDED TO RENT) '
> > > > > > > CHECK ONLYQﬂE COLUMN FOR EACH UTILITY OR SERVICE < < < < < < <
Natural Gas Tenant
Water & Sewer Tenant
/
Electricity
Fuel Oil
Tenant
N/A
/
Garbage
Collection HOA

Telephone Tenant
Cable
. .
Communication Tenant

ll Association Fees HOA
49 Olhcr Utility or
Service (Specify)
T enant

NOTE: li'either Choice No.
SI
5!
or Choice No. 4 is checked for any utility
3
or service. Landlord must complete Part 35 of this Lease before Tenant
. 5"". NOTE
_

IF CHOICE "0' 3 0R CHOICE
signs. Caution: Minneapolis and other cities might prohibit the N0. 4 IS CHECKED FOR ANY UTILITY 0R
SJ apportioning of utilities (Choice No. 4). SERVICE.
27-CV-HC-23-9779
Filed in District Court
State of Minnesota
12/15/2023 3:02 PM
MINNESOTA STATE BAR ASSOCIATION
Real Property Form No. 41 (2000)
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4m§43ﬁzma
CHECK APPLIANCES INCLUDED
X REFRIGERATOR X CLOTHES WASHER
X KITCHEN STOVE X CLOTHES DRYER
X MICROWAVE WINDOW UNIT AIR CONDITIONER
X DISHWASHER GAS GRILL
TRASH COMPACTER OTHER
The person authorized lo manage the Premises is
Name Lenny Frolov
Street Address. (not P.O. Box) 7040 Lakeland ave n #112
City. State. Zip code Brooklyn Park. MN 55428 Telephone 612-242-9073
The Landlord or agent authorized to accept service of process and receive and
give receipts for notices is
Name Lenny Frolov
Street Address. (not P.O. Box) 7040 Lakelanda ave n #112
City. State. Zip code Brooklyn Park. MN 55428 Telephone 612-242-9073
List any additional agreements here. Attach a copy of each additional
agreement to each copy of the Lease.
Lead Based Paint, Building Rules and Condition of Occupancy. Utility Service
Request. Grounds Care Addendum. Crime Free/
pﬂg Free Housing. Repair Price Sheet. Pet Addendum (ii applicable).

TERMS 0F THIS LEASE.
l. OCCUPANCY AND USE. Only the Tenants and Occupants listed above may live in the Premises.
allowed by law. The Premises. Utilities and Services shall be used except as
only for common residential uses.
2. RENT. Tenant shall pay Rent in advance on or before the ﬁrst day of
every month. Tenant shall pay the Rent
at 7040 Lakeland ave n #112 Brooklyn Park. MN 55428
or other reasonable place requested by Landlord.

3. LATE FEE AND RETURNED CHECK FEE. if Landlord does not receive the rent by the ﬁfth day of the
month. Tenant must pay any late fee listed above as additional rent if requested in
writing by Landlord. Tenant shall
also pay $20.00 for each unpaid check returned by Tenant's bank. Rent is
"paid" when Landlord receives it. not
when mailed or sent by Tenant.

4. SECURITY DEPOSIT. Landlord may use the security deposit
A. To cover Tenant's failure to pay rent or other money due Landlord.
B. To return the Premises to its condition at the start of the tenancy except for ordinary wear and tear.
Within 21 days after the tenancy ends and Tenant gives Landlord a
forwarding address. Landlord shall return the full
security deposit with interest or send a letter explaining what was withheld and why.

5. EACH TENANT RESPONSIBLE. Each Tenant is responsible for all
money due to Landlord under this Lease.
not just a proportionate share.

6. TENANT PAYS FOR DAMAGE. Tenant shall pay for all loss. cost. or
damage (including plumbing trouble)
caused by the willful or irresponsible conduct of Tenant or by a person under Tenant's direction or control.

7. LANDLORD'S NON-WAIVER. Payments other titan rent are due when Landlord demands them from Tenant.
Landlord's failure or delay in demanding payments is not a waiver. landlord
may demand payments before or after
Tenant vacates the Premises.

8. ATTORNE '
.
'
s and costs to the party who prevails in
a laws cy.
9. PREMISES INSPECTION. Landlord and Tenant inspected the Premises
together and signed an inspection sheet
before signing this Lease. A copy is attached. When the Lease ends. Landlord and Tenant shall
inspect again and
complete a second inspection sheet.

ll: 10.LANDLORD'S PROMISES.
II} A. The Premises and all common areas are ﬁt for the use intended by Landlord and Tenant.
Il-l B. Landlord shall make necessary repairs. landlord need not repair damage caused
by the willful or irresponsible
II5 conduct of Tenant. Tenant's guests. or a person under Tenant's direction or control.
Hh C. Landlord shall keep the Premises up to code unless a violation of the codes has been caused
by the willful or
H7 irresponsible conduct of Tenant. Tenant's guests. or a person under Tenant's direction or control.
118

119 ll. TENANT'S PROMISES.
120 A. Tenant shall not allow damage to the Premises.
Ill B. Tenant shall not allow waste of the Utilities or Services provided by Landlord.
122 C. Tenant shall make no alterations or additions.
123 D. Tenant shall remove no ﬁxtures.
I24 E. Tenant shall not paint the Premises without Landlord's written consent.
I23 F. Tenant shall keep the Premises clean and tidy.
27-CV-HC-23-9779
Filed in District Court
State of Minnesota
12/15/2023 3:02 PM
MINNESOTA STATE BAR ASSOCIATION
Real Property Form No. 41 (2000)
inn r R I
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L§A§§ PA§§ a 95 19
126 G. Tenant shall not unreasonably disturb the peace and quiet of others.
117 H Tenant shall not interfere with the management of the property and shall not allow Tenant's
guests to do so.

.719".
12A Tenant shall use the Premises only as a private residence.
129 Tenant shall not use the Premises in any way that is unlawful. illegal. or
dangerous.
Tenant shall not use the Premises in any way that would cause a cancellation. restriction or increase in
premium
in Landlord's insurance.
E"
132 Tenant shall not use or store in or near the Premises any inﬂammable or explosive substances in an unsafe
manner.
Z
Tenant shall notify Landlord in writing of any repairs to be made.
N. Tenant shall recycle or dispose of trash in the outside containers provided for those
purposes.
12. TENANT'S TELEPHONE. Tenant shall give Landlord the Tenant's home phone number within 2 days after
service is started or the phone number is changed.

13. RESTRICTIONS.
A. WATERBEDS. Tenant shall not have water beds or other water-ﬁlled furniture on the Premises.
B. PETS. Tenant shall not have animals or pets on the Premises without Landlord's prior written
approval.
C. LOCKS. Tenant shall not add or change locks. At Tenant's request. Landlord will change the locks or have
the lock cylinders re-keyed at Tenant's expense. If the locks do not meet current
municipal codes or
regulations. Landlord shall change the locks at Landlord's expense.
D. VEHICLES. Tenant shall have no motor home. camper. trailer. boat. recreational vehicle. unlicenced vehicle,
inoperable vehicle. vehicle on blocks. or commercial truck on the Premises or on the common area or curtilage
of the Premises. except in a garage. ["Cunilage" means the grounds surrounding the
building in which the
Premises is located] A commercial truck is any truck in commercial service or
larger than a pickup truck.
Permitted vehicles shall be parked in designated areas only. Three days after giving notice to Tenant.
Landlord may remove and store the offending vehicles. Tenant shall pay reasonable removal and
storage
152
expenses as additional Rent.

14. LANDLORD'S RIGHT TO ENTER. Landlord may enter the Premises for a reasonable business purpose.
Landlord must ﬁrst make a good faith effort to give Tenant reasonable notice of the intent to enter. Landlord
may
enter the Premises in an emergency. Landlord must disclose the date. time and
purpose of the emergency entry in
writing. The writing must be left in a conspicuous place in the Premises.

IS. DAMAGE 0R INJURY 'I'O TENAN'I' 0R TENANT'S PROPERTY. Landlord is not responsible for
any
injury or damage that wm not caused by a willful or negligent act or failure to act of Landlord. Tenant may obtain
Renter's Insurance
I62

I6. NOTICE 0F DANGEROUS CONDITIONS. Tenant shall promptly notify Landlord of
any conditions that
might cause damage to the Premises or waste Utilities or Services provided by Landlord. The notice may be oral
or in writing.

l7. SUBLE'I'I'ING. Tenant shall not sublet part or all of the Premises without Landlord's written consent. Tenant
shall not assign this Lease without Landlord's written consent. The consent shall not be
unreasonably withheld or
delayed.

18. MOVING OUT 0R HOLDING OVER. Tenant must move out not later than 11:59 p.m. on the Ending
Date. If Tenant occupies the Premises after the Ending Date with Landlord's permission and this Lease has not been
renewed nor a new Lease made. this Lease becomes a month-to-month lease under its
original terms.
I9. NOTICE IF LEASE BECOMES MONTH-TO-MON'I'H. If this Lease is or becomes month-tomonth.
written notice is required by Landlord or Tenant to end the Lease. The notice must end the lease on the last
day of
a month and must be received before the ﬁrst day of that month. For
example. to end a month-to-month lease on April
30. the notice must be received on March 31 or earlier.

20. VACATING. When moving out. Tenant must:
A. Leave the Premises in the same condition of the Lease. except for ordinary wear and tear and
as at the start
IHZ ﬁre or casualty loss.
PP."

Completely vacate the Premises. including storage units. garage and parking stalls.
Give Landlord a forwarding address.
Give Landlord all keys and personal property issued to Tenant for Tenant's use such as garage door openers.
and tools. lf Tenant does not retum all keys within 24 hours of vacating. Landlord
may change the locks and
charge reasonable costs to Tenant.

21. PREMISES DESTROYED, UNINHABITABLE OR UNFIT FOR OCCUPANCY.
l9" A. If the Premises is destroyed or becomes totally uninhabitable or completely unﬁt for occupancy through no fault
or neglect of Tenant or a person under Tenant's direction or control. either Landlord or Tenant
may end this
Lease. To end the lease. Tenant or Landlord shall give prompt written notice to the other. Rent shall be
prorated as of the date the Premises became unﬁt for occupancy.
B. If the Premises is destroyed or becomes totally uninhabitable or completely unﬁt for occupancy through the
fault or neglect of Tenant or a person under Tenant's direction or control. Landlord may end this Lease.
Landlord shall give prompt written notice to Tenant.
27-CV-HC-23-9779
Filed in District Court
State of Minnesota
12/15/2023 3:02 PM
MINNESOTA STATE BAR ASSOCIATION
Real Properly Form No. 41 (2000)
i r 'iI
22. BREACH OF LEASE [RE-ENTRY CLAUSE]. If Tenant materially breaches this lease. Landlord may do
these things.
A. Demand in writing that Tenant immediately give up
possession of the Premises. If Tenant does not give up
possession. Landlord may bring an eviction action (unlawﬁIl delainer action).
B. Demand in writing that Tenant give up possession of the Premises to Landlord at a certain
date in the future.
If Tenant does not give up possession on that date. Landlord may
bring an eviction action (unlawful detainer
action). Landlord may accept rent for the period up to the date possession is to be transferred without
giving
up Landlord's right to evict.
C. Bring an eviction action immediately (unlawful detainer action).

23. DUTY T0 PAY RENT AFTER EVICI'ION 0R SURRENDER. Rent is due under this Lease even if Tenant
surrenders the Premises or is evicted by Landlord. Landlord shall make
good faith efforts to mitigate damages.
24. SUBORDINATION. This lease is subordinate to
any mongage against the Premises. No new owner or lender
shall disturb Tenant's occupancy. but shall have Landlord's remedies if Tenant defaults. Tenant shall
sign documents
reasonably requested by Landlord. Tenant appoints Landlord as attomey-infact to sign such documents for
any
mongagee.

25. EXERCISE 0F RIGHTS AND REMEDIES. Either
party may use any or all of its legal rights and remedies.
The use of one or more rights or remedies is not an election of remedies.

26. SUBROGA'I'ION. Tenant and Landlord give up all
rights of subrogation against the other for loss or damage
covered by insurance.

27. TERMS. Where appropriate. singular terms include the plural and
plural terms include the singular.
28. MISREPRESENTA'I'IONS. Any materially false statement made
by eiﬂter Landlord or Tenant to the other
that induces the signing of this Lease is a breach of this Lease.

29. ATTACHMENTS ARE PART 0F LEASE. N0 ORAL AGREEMENTS. Attachments to this
Lease. such
as Landlord's building rules. if any. are a pan of this Lease. No oral
agreements have been made. This Lease with
its attachments is the entire agreement between Landlord and Tenant.

30. NOTICES. A notice or demand mailed to or handed to
any one of the Tenants named above is notice to all
Tenants.

31.NOTICE OF PROHIBITION AGAINST UNLAWFUL ACTIVITIES.
A. Landlord and Tenant shall not unlawfully allow controlled substances in the Premises or in the common area
or curtilage of the Premises. The Premises will not be used
by Tenant or persons under Tenant's control to
manufacture. sell. give away. baner. deliver. exchange. distribute or possess with the intent to sell.
give away.
barter. deliver. exchange. or distribute a controlled substance in violation of any local. state or federal law.
Landlord and Tenant shall not allow prostitution or prostitution-related
activity as deﬁned in MINN. STAT.
§617.80. Subdivision 4. to occur on the Premises or in the common area and curtilage of the Premises.
C. Landlord and Tenant shall not allow the unlawful use or possession of a ﬁrearrn in violation of MINN. STAT.
§609.66. Subdivision la. §609.67. or §624.7l3 on the property. its lands. or common area.

The following notice is required by MINN. STAT. §5043.305. A seizure under §609.53l7. Subd.
I, for which there
is not a defense under §609.53l7, Subd. 3. constitutes unlawful detention
by Tenant.
32. LEAD PAINT WARNING AND DISCLOSURE. HOUSING BUILT PRIOR T0 I978.
Housing built before I978 may contain lead-based paint. Lead from paint. paint chips and dust can pose health
hazards if not managed properly. Lead exposure is especially harmful to
young children and pregnant women.
Before renting pre-I978 housing. lessors must disclose the presence of known lead-based
paint and/0r lead-based
paint hazards in the dwelling. Lessees must also receive a federally-approved pamphlet on lead poisoning
prevention.

A. Hazards Disclosed. Landlord knows of the following lead~based paint or lead-based paint hazards on the
Premises (If none. state "none.") See attached addendum

B. Reports Disclosed. Landlord has provided Tenant with the following. which are all records and
repons
available to Landlord pertaining to lead-based paint or lead-based paint hazards on the Premises.
(If no such records
or reports are available to Landlord. state "none.") see attached reports if applicable

C. Tenant's Acknowledgment. Tenant has received the records or reports noted in paragraph
B.. above and a
copy of the pamphlet. EPA publication EPA747-K-94001.
Tenants' initials
270

D. Agent's Acknowledgment. Agent has informed Landlord of Landlord's obligations under 42 U.S.C. 4852(d)
27-CV-HC-23-9779
Filed in District Court
State of Minnesota
12/15/2023 3:02 PM
MINNESOTA STATE BAR ASSOCIATION
Real Property Form No. 41 (2000)
'R'
and is aware of agent's responsibility lo ensure compliance.
u
72

u
73

uq
..
Agent's initials
75

y sign g below. Landlord andA
{tify the accuracy of the statements in the above paragraph
u

iAIg'Du
A

-- fﬁat
Landlord

33.
'1'
CHANGES T0 LEASE.
, I Daze Agent
Landlord and Tenant may change the terms of this Lease in
Date

writing.
34. SMOKING. (check one) D Tenant may allow smoking on the Premises.
Tenant shall not allow smoking on the Premises.

35. UTILITIES SERVICE NOTICE. If any of the utilities or services on Page l of this Lease is rebilled to
Tenant (Choice No. 3) or apportioned by Landlord and billed to Tenant
(Choice No. 4), then this Part 3S
becomes part of the Lease and must be completed by Landlord.

A. REBILLED UTILITIES (Under Choice No. 3). For each
utility or service rebilled to Tenant under a meter
or account that provides service exclusively to Tenant's Premises. Landlord shall
provide a copy to Tenant of each
billing statement from the utility provider.

B. APPORTIONED UTILITIES UNDER A SINGLE-METERED SERVICE
(Under Choice No. 4).
(I) Landlord is the customer of record under contract with the utility or service provider and shall
pay the
provider directly.
(2) Landlord may apportion the utility or service bill among the tenants of the
shall be by following this equitable method or formula building. The apportionment
[state the formula precisely here. including the frequency
of billing for each apportioned utility or service]:

(3) Upon request. Landlord shall provide Tenant with a copy of each actual
utility or service bill for the building
along with each apportioned services bill.
§§§§§

(4) Landlord must provide the following information for each apportioned
utility billed to Tenant. For the most
recent calendar year [state year here: l. the actual utility bills in each month were:
MONTH GAS ELechIc WATER/SEWER FUEL OIL GARBAGE OTHER
309
January
310
February
JH March

312
April
3|! May
3I4 June
315
July
316
August
317
September
lll October

Jl'i November

December

Column I'otal

321
Monthly
I!) Average*
32A 'NOTE: If this Lease is for one year or more. then Landlord and Tenant may
agree to use a monthly average
325 as the good faith estimate of the monthly utilities bill as an annualized
budget plan providing for level monthly
Jib payments. If Landlord and Tenant agree to a budget plan using monthly averages for payment of these utilities.
327 initial here:
JJR Landlord Tenant Tenant Tenant Tenant
319 In subsequent lease years. Landlord shall give Tenant
updated information on apportioned utilities before
330
changing Tenant's budget plan amount.
Ill
Instead of ﬁlling out the table above. Landlord
may attach copies of the 12 monthly bills for each apportioned
332

"J utility.
334

335 (5) Upon Tenant's request. Landlord shall provide Tenant with copies of the actual utility or service bills for
"h any apportioned utility or service for the past two years. However. if Landlord acquired the building less than
two years ago. Landlord shall provide copies of bills back to the date that Landlord
bought the building.
Jll (6) If the gas. fuel oil. or electric charge is apportioned. Landlord shall notify Tenant by September 30 of each
27-CV-HC-23-9779
Filed in District Court
State of Minnesota
12/15/2023 3:02 PM
MINNESOTA STATE BAH ASSOCIATION
Real Property Form No. 41 (2000)
WP
year that energy assistance (ﬁnancial help from the govemment) may be available to pay for the gas. fuel oil.
or electric bill. This notice shall include the toll-free telephone number of the
agency which administers the
energy assistance program.

36. ADDITIONAL TERMS.
PARTIAL PAYMENT OF RENT/EVICTION. Prior to or alter commencement of an action to recover possession for non
payment

347 oi rent. the Landlord and Tenant hereby agree that partial payment oi rent in arrears which is
accepted by the Landlord prior to

issuance tor the order granting restitution of the premises pursuant to Minnesota Statute
55045345 may be applied to the

balance due and does not waive the Landlord's action to recover -r- '
... oi the premises tor non payment at rent.

351)

351 Landlord/Manager is a licensed Realtor in the State oi MN. Tenant represents that Landlord/Manager is not representing tenant

M.' as a client,

35] Semi Anuual interior property inspections will be hell with proper notice.

Landlord and Tenant agree to the terms of this Lease.

ANDLORD TEN
ll]; I
D 194530
2m
Date_

RECEIPT BY TENANT(S)
I have received a signed original or copy of this Lease.

ﬂ
TENANTS:

Dmial'ﬁlo gals:

Da£:. JAL

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Document for Tesoro Realty Group, LLC vs Samireal Wallace, John Doe, Mary Roe

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