Preview
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
See Instructions (HOU101) for help in fitting out this form.
State of Minnesota District Court
County of: Stearns Court File Number:
Judicial District:_ Seventh Case Type: Eviction
Plaintiff #1 (Landlord) Plaintiff #2 (Landtord)
Grand Gateway Apartments -
Name:
Name: Centerspace
Address:
Address: 4005 24th Street South
City/State/Zip:
City/State/Zép St. CEoud, MN 56301
V5
V5
Defendant #2 (Tenant)
Defendant #1 (Tenant) Name:
Name: Sheena Kutzorlk
Address:
Address: 4005 24th Street S, #326
City/State/Zip:
City/State/Zip: St. Cloud, MN 56301
EVlCTlON ACTlON COMPLAlNT (HOU102)
Minn. Stat. § 5043.321
PLEASE TAKE NOTfCE: if financially unable to obtain counsel, the defendant has the right to a
court-appointed attorney in a public housing eviction case that alleges breach of lease under
Minn. Stat. § 5043.171 or § 5043.285
El Check the box if the leased or rental property qualifies as public housing as term is used in
Minn. Stat. § 5048.268.
[3 Check the box it the tenancy is affected by a federal or state housing subsidy program
through project-based federal assistance payments, the Section 8 program, as defined in
Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit program; or any other
similar program. Name of agency that administers the housing subsidy program:
[3 Check the box if there are more than two plaintiffs or more than two defendants. List the
information for the other parties on the Additional Litigants Form, HOU125
1. Rental Agreement (Lease)
Landlord leased or rented the property located at:
Address: 4005 24th Street 5.
Apartment #: 326
EViCfiOI'l Action Complaint
HOU'lOZ State ENG Rev 1/24
D www.mncourts.govlforms Page 1 of 5
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
City, State, Zip: St. Cloud, MN 56301
County: Steams
includes a garage Does not include a garage
The agreement for the property, beginning from November, 2023 (date), and
ending November, 2024 (date), is an [:1 ORAL or WRITTEN
agreement and is for: (Check all that apply)
Payment of Rent. The current due and payable under this agreement each month
is 5 1687.00 due on the lst day of the month.
{:1 Exchange of Services. The agreement for exchange of services was: (explain in
detail)
7" important! lf there is a written agreement (lease), you must inciucle the written
lease, or most recent written lease in existence, and any relevant lease
addenda, with this Complaint.
2. Notice of Right of Possession by Landlord for Residential Leases
Landlord having present right of possession of the residential property, has followed Minn.
Stat. § 5048.181 by: (You must check either A and B, or C)
a. informing the Tenant, either in the rental agreement or otherwise, before the
beginning of the tenancy, the name and address of:
I The person authorized to manage the property; AND
0 A landlord or agent authorize by the landlord to accept service of process
and receive and give receipt for notices and demands; AND
>13 b. Posting in an obvious place on the property a printed or typewritten notice that
includes the information above. Explain where the notice is posted:
Office
0R
g4 c The Tenant knew of the name and address of the person authorized to manage the
property and accept and give receipt for notices and demands, at least 30 days
before the filing of this action, because:
Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourtsgov/forrns Page 2 of 5
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
Also provided in Lease Agreement and notices.
3. Grounds for Eviction
Landlord seeks to have the Tenant evicted for the following reasons: (Check all that apply)
3- The Tenant is still in possession of the premises and has failed to pay rent for the
**
month(s) of January, 2024 thru February, 2024 in the amount of
S 1687.00 per month, payable on the lSt
day of each month, for a total due of S 4771.43
For Residential Leases Only: A written notice pursuant to Minn. Stat.§ 5048.321
subd. 1(a) was served on Tenant 2/5/2024 (date), which was at
least 14 days before filing this eviction complaint. The written notice is attached.
>3 1). The Tenant failed to vacate the property after written notice was given:
(check all that apply)
Landlord gave written notice to Tenant on 02/05/2024 (date)
to vacate the property by 02/ l 9/2024 (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.
1:} Tenant gave written notice to Landlord on (date)
that they would vacate the property by (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.
EEG. The Tenant has broken the terms of the rental agreement by the following: (Explain I
in detail)
0 The specific clause of the
agreement that was violated;
o The dates and description of what happened that violated the agreement; and
0 Which section of the agreement gives the landlord the right to evict tenant for
breaking the terms of the rental agreement.
Hthe full amount of which includes amounts due and owing in late fees per
month payable, utilities and storage fees, as well as monthly rent and expenses
that become due and owing following the filing of this Complaint.
Eviction Action Complaint
HOUtOZ State ENG Rev 1/24 D www.mncourts.govlforms Page 3 of 5
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
[:1 d. The Tenant has breached the covenants at stated in Minn. Stat. §504B.171 by:
(Explain, in detail, what happened including dates.)
Ele- The Tenant defaulted on the mortgage, and the property has been said at a Sheriff's
sale. The Redemption period has expired, and Plaintiff is entitled to possession.
The Tenant defaulted on a Contract for Deed and is hoiding over after proper
Uf-
cancellation of the contract.
4. The Landlord seeks judgment against the above Tenants for restitution of said premises plus
costs and disbursements.
s. Tenant #1 date of birth / Unknown;
Tenant #2 date of birth / {:3 Unknown;
If a tenant is a business, leave this section blank for that tenant.
6. Miiitary status for Tenant:
Tenant # 1 [j is in the miiitary service {:1 is not in the military service Unknown
Tenant it 2 CI is in the military service E] is not in the miiitary service Unknown
If a tenant is a business, leave this section blank for that tenant.
Ideciare under penalty of perjury that everything that have stated in this document is true
I
and correct. Minn. Stat. § 358.116.
****Notice: A iicensed attorney must sign the Complaint and afié'é ar' ' court on behalf of a
****
corporation or LLC.
7
Dated: February 20, 2024 2" 22/
Signature"
Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourtsgovliorrns Page 4 of 5
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
Stearns Name: Lori L. Athmann, JDA Law Firm
County and State where signed
Address: 1010 W. St. Germain, Suite 420
City/State/Zip: St. Cloud, MN 56301
Phone: 320230-0203
Email: Lori.Athmann@jdaiaw.net
Evictiori Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourtsgov/fonns Page 5 of 5
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
2/5/2024
Grand Gateway
4005 24ti} Street S
St. Cloud, MN 56301
Sheena Kutzorik,
4005 24:11 Street S Apt 326
St. Cioud, MN 56301
NOTICE OF LANDLORD'S INTENT TO FILE AN EVICTION ACTION
FOR UNPAID RENT AND FINANCIAL OBLIGATIONS UNDER THE LEASE
Dear Sheena Kutzorik:
This Notice is your eviction prefiling notice. Yeti are advisetl as follows:
1. This Notice will be: (a) mailed to you at the address of the leased premises; or (b) personally
delivered to you.
You have unpaid rent and/or other unpaid financial obligatioris in ViolatiOii of the lease and you
may soon be subject to an eviction action.
The total amount due is $4,741.41.
U.)
A specific accounting of the amount of the total due from unpaid rent, late fees, and other charges
under the lease: *See Attached Ledger"
will aiso be responsible
U:
Y011 for' rent and any unpaid financial ObiigafiOIIS that continue to accrue
aftei' the date of this Notice.
Tile name and address of the person authorized to receive rent and fees and unpaid financial
obligatioxis and receive and gixle receipts on behalf of the Landlord is: Angie Jami, 4005 24th
Street S St. Cloud. MN 56301
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
In accordance with state the following additional notices are provided:
a. You have the right to seek legal help. If you canit afford a lawyer, free help may be available.
Contact Legal Aid or visit www.La\-vl-IelpMNorg to know your riglits arid find your local
Legal Aid Office.
b. To apply for' financial help, contact your local county or Tribal social services office, apply
online at MNBenefits.1nn.gov or call the United Way tol1~free information line by' dialing 21l
or 800 5437709.
c. Your landlord can] file an eviction case if you do not pay the total amount due or move out
within 14 days from the date of this notice. Some local govennnents may have all evictiori
notice period longer than l4 days.
No Waiver {01' Pavrnent or Partial Pay'inelit.: YOU agree and acknowledge that if yort make any
payment (for rent, late fees, or other unpaid financial obligations) you do so with the understanding
and agreement that: (a) the acceptance by the Landlord of a partial payment does not constitlrte a
waiver by the Landlord to further collect the remaining amounts of rent, late fees, or other unpaid
financial obligation or proceed with all eviction; (b) Landlord may continue all of its rights and
remedies under the law, including proceeding with an eviction; and (c) Landlord's acceptaiice of
any payment shall not constitute a waiver of the right to evict you foa' past or existiltg violations of
any term of the lease or other document governing your lease or tenancy.
Application of Monies Received on Account: YOLI agi'ee that. all monies received by the Landlord or
its agents during the tern] of the lease, or any extension or renewal, shall he first applied to any and
all charges (rent, late fees or other unpaid obligations) that are past due, and the balance of any
monies received after' paying past due balances shall be applied towards the current month's unpaid
Obligatimis consistent with Minn. Stat. § 504329].
Sincerely,
Angie Janni
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
Resident Ledger
Date: 02/20/2024
Code t0042799 Property Grand Gateway tease From 11/ 15/ 2023
Name Sheena Kutzorik Unit 326 Lease To 11/ 14/ 2024
4005 24th Street 5 Apt
Address Status Current Move in 1 1/ 15/ 2023
326
Rent 1,615.00 Move Out
City St. Cloud, MN 56301 Phone (H) Phone (W) (320) 339-4004
"
i"i-'f'-?".:-'93'te ~ '- *C0dé '
~
Dé's'c'riistibh'." .-i' {Chargesj Pavmé'htés': '-Béfa.n¢e;' Ch'airges/aecieipgt's.
11/02/2023 APPFEE Application Fee (Sheena Kutzorik) 50.00 0.00 $0.00 2953358
chk# 212659325 Debit Card OneLine
11/02/2023 Payment; Mobile Web Onfine -
0.00 50.00 0.00 975921
Leasing
11/07/2023 DEPAPT apartment deposit 400.00 0.00 400.00 2956411
chk# :ACH~WEB Oniine Pa ment EFT -
11/07/2023 0'00 400'00 0'00 981132
Payment. Mobile Web Onyline Leasing
-
ADMINFE
11/16/2023 Admin Fee 100.00 0.00 100.00 2960487
PARKING
11/16/2023 Garage-AttachSingle for 16 days 32.00 0.00 132.00 2960488
11/16/2023 RENT Rent for 16 days 861.33 0.00 993.33 2960489
chk# :ACHWEB Online Payment EFT -
Payment. Mobile Web Resident
11/16/2023 Services NSFed by ctrl# 985827 0.00 993.33 0.00 984558
Automatic NSF 853ZDLFQU2, Return
Code: ROI Uncollected NSF
11/21/2023 NSFFEE Returned check charge 30.00 0.00 30.00 2962236
chkilaE :ACHWEB Online Payment -
EFT
11/21/2023 Payment. Mobile App Resident
-
0.00 1,000.00 070.00 985839
Services
chk# :ACHWEB Online Payment
EFT
11/21/2023 Payment. Mobile App Resident
-
0.00 23.33 093.33 985841
Services
Chk# :ACH'WEB NSF rece'pt Ctrl#
11/21/2023 0.00 993.33 0.00 985827
984558
12/01/2023 iNSURFE Ren Ins Fee (12/2023) 20.00 0.00 20.00 2964945
PARKiNG
12/01/2023 Parking Garages (12/2023) 60.00 0.00 80.00 3050393
12/01/2023 RENT Rent (212/2023) 1,615.00 0.00 1,695.00 3050394
chkii :ACHWEB Online Payment EFT
12/01/2023 Payment. Mobile App Resident
-
0.00 1,695.00 0.00 1010772
Services
01/01/2024 RU BFEE Acct. Setup 15.00 0.00 15.00 3103803
01/01/2024 RU BGAS Gas 11/15/23-11/30/23 -
22.09 0.00 37.09 3103805
73-CV-24-1296
Filed in District Court
State of Minnesota
RUBPEST 2/21/2024 8:52 AM
01/01/2024 Pest Control
11/15/2311/30/23 3.20 0.00 40.29 3103807
01/01/2024 RUBFEE Service Fee -
11/15/2311/30/23 6.00 0.00 46.29 3103809
01/01/2024 RUBWS Sewer 11/15/23-11/30/23
-
9.09 0.00 55.38 3103812
RUBTRSH
01/01/2024 Trash 11/15/23-11/30/23
6.17 0.00 61.55 3103814
01/01/2024 RUBWS Water 11/15/2311/30/23
21.39 0.00 82.94 3103816
01/01/2024 INSURFE Ren Ins Fee (01/2024) 20.00 0.00 102.94 3156979
PAR KING
01/01/2024 Parking Garages (01/2024) 60.00 0.00 162.94 3166100
01/01/2024 RENT Rent (01/2024) 1,615.00 0.00 1,777.94 3166101
chk# :ACH-WEB Oniine Payment
EFT
01/02/2024 Payment. Mobile App ~ Resident 0.00 1,100.00 67794 1044824
Services
T ERMFEE
01/03/2024 lease break fee 3,350.00 0.00 4,027.94 3186543
01/04/2024 LATEFEE Late Fee, 8% of $677.94 54.24 0.00 4,082.18 3186977
chk# :ACHWEB Online Payment -
EFT
01/12/2024 Payment. Mobile App Resident
0.00 677.97 3,404.21 1052608
Services
chk# :ACH-WEB Oniine Payment
EFT
01/28/2024 Payment. Mobile App Resident
0.00 600.00 2,804.21 1067836
Services
02/01/2024 RUBGAS Gas 12/01/23-12/31/23
-
44.53 0.00 2,848.74 3219829
RU B PEST
02/01/2024 Pest Control ~ 12/01/23~12/31/23 6.00 0.00 2,854.74 3219831
02/01/2024 RUBFE£ Service Fee12/01/23-12/31/23
-
6.00 0.00 2,860.74 3219833
02/01/2024 RUBWS Sewer 12/01/23-12/31/23
16.99 0.00 2,877.73 3219835
RU BT RSH
02/01/2024 Trash
12/01/23-12/31/23 15.47 0.00 2,893.20 3219837
02/01/2024 RUBWS Water~ 12/01/2312/31/23 19.21 0.00 2,912.41 3219839
02/01/2024 lNSURFE Ren Ens Fee (OZ/2024) 20.00 0.00 2,932.41 3273801
P ARK NG
l
02/01/2024 Parking Garages (OZ/2024) 60.00 0.00 2,992.41 3282961
02/01/2024 RENT Rent (02/2024) 1,615.00 0.00 4,607.41 3282962
02/04/2024 LATEFEE Late Fee, 8% of 51675.00 134.00 0.00 4,741.41 3305441
chk# :ACH-WEB Oniine Payment EFT
Payment. Mobile App Resident
02/10/2024 Services NSFed by ctri# 1089001 0.00 500.00 4,141.41 1088235
Automatic NSF SKNZlGQQLB, Return
Code: R01 Uncoiiected NSF
02/14/2024 NSFFEE Returned Check Charge 30.00 0.00 4,171.41 3310109
Chm ZACH'WEB NSF rece'pt arm
02/14/2024 0.00 4500.00 4,771.41 1089001
1088235
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
iii?
LEASE AGREEMENT
Community: Grand Gateway, 4005 24th Street 5 St. Cloud, MN 56301
Leaseholder(s): Sheena Kutzorik
Additional Occupants:
Leased Dwelling Address 4005 24th Street 5 Apt 326, St. Cloud, MN 56301
Apartment: 326
lease Term Dates: November 15, 2023 . November 14, 2024
Effective Date: November 15, 2023
Total Monthly Payment: $1,687.00
{Breakdown Below)
*Monthly Apartment Rent: *Monthly Administrative Fee for
$1,515.00 $6.00
Utility Billing:
*Pest Control Fee: $6.00 Number of Pets: 0
"Animal Rent: $0.00 Number of Assistance Animals: 0
**Parking/Garage Rent: $60.00 Parking] Garage Space: 5-17
"Storage Rent: $0.00 Storage Space: NA
One-Time Concession: $0.00 "Recurring Concession: $0.00
Other Residential Fee Disclosures
(Some of these are event-based fees are not recurring monthly payments but may be applicable during tease Ternl Dates.)
***Apartment Deposit: $400.00 "*Administrative Fee: $100.00
***Application Fee: $50.00/person i""'Cemorete Lease Setup Fee: $375.00
***Nonrefundable 9et Fee: $0.00 **"Animal Deposit $0.00
"*Utility Account Activation Fee ***Utility Account Deactivation
$15.00 $15.00
Fee:
Late Fee: 8.00 % Satellite Dish Removal Fee: $200.00
Renters insurance Exemption/Non-
NSF Fee: $30.00 $20.00
Compliance Fee:
Responsibility fee for Utilities: $50.00 Lockout: $300.00
Trash Violation Fee: Key/Fob/Garage Opener
$50.00 $150.00 Maximum (Varies)
Replacement:
Smoking Fee: $500.00 Animal Violation Fee: $300.00
'This amount will be included in Total Monthly Fayment. I "This amount will only be included in Total Monthly! Payment, if elected by Leaseholder(s). | "*Required One~time Fees
Rent is due on the 1" day of the month, regardless of holidays and/or oflice closurest If the account balance is not paid in full by the close of business on the 3rd day of the month, a Late Fee
'
will be charged on the 4th day of the month in the amount of 8.00% oi the unpaid ', rent in the of the Total Monthly Payment indicated above, or as state regulation allows.
Renters insurance Exemption/Non-compliance Fee is only charged if acceptable proof 0! renters insurance is not on file. Piaase refer to Utility Addendum for more detaiis on utility fees.
opmm pm unlny mil {w liié'lltlgzt'lj by an "X, fummla lnmmlur', ur Dollar Anmunt,
This dctlall will oullms: the rmplmslbllny and paymvnt Ina-thud for (faih ll'lllty type.
UnlllyTypo
Rvwlpnxlo Pay Llnllty Sun/4m Rs'suk-nl to Pay Landlord (VauabEp Rvsldom to Pay Landlord (flat
llllilty as Hal
llpplscai)l9 Pmwder Ram) Ra
T\.1 X
,
flaunt: Suh-melgrgn X
Gésifiufis
Gas: Sub-meiere f'.
meme
Master Antenna
3Pé§lCofitrol 3
600
Stalmwater
Traslf-
Valet Trasfi
'Wa't'erfiefl'er: RUBS 1
Water/Sewn: sub-mglEfgd
N/A
*See Folmula Indicator on Utility Addendum for information on variable rate allocations.
CENTERSPACE
Lease Agreement 10-01-2023
Page 1 of 22
Document digiial137 signed using RBN'I'Cafe eSignaiure services. Document M): 954051
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
1. Lease Agreement. This Apartment Lease (the "Lease") is made and entered into between Centerspace LLP ("Landlord"), and each
individual listed above in the "Leaseholder" section of the Basic Terms (each, and collectively, "Leaseholder"), as of the date set forth
below in Landiord's signature biock. Landlord is either the owner of the Community, and/or the authorized managing agent of the
Community. in consideration of the mutual covenants set forth in this Lease, Landlord leases the apartment unit identified above (the
"Apartment") to Leaseholder, and teaseholder leases the Apartment from Landlord. The Apartment shall be used only as a ptivate
residence, and for no other purpose. Leaseholder shall tender the Apartment deposit specified above (the "Apartment Deposit") on or
before the date Leasehoider signs this Lease.
Authorized Manager and Landlord authorized to accept service of process and receive and give receipt for notiCe and demands:
Centerspace LLP, Attn: Legal Department
800 LaSalle Plaza, Suite 1600, Minneapoiis, Minnesota.
2. Subordination. Leaseholder agrees and acknowledges that this Lease is subordinate to any current, subsequent, or future
mortgage piaced on and secured by the property that is the Subject of this lease and Leaseholders authorizes Landlord or the property
Owner to execute on behalf of Leasehotder any and all documents necessary to subordinate this Lease.
3. No Oral Agreements. This Lease contains the entire agreement between the parties with respect to the leasing of the Apartment,
and there are no oral agreements between the parties. Leaseholder acknowledges that Landiord has not made any oral promises or
representations.
4. Occupants and Guests. The Apartment may oniy be ocmpied by Leaseholder and Leaseholders approved occupants, and not by
any other individual without Landlord's prior written consent. For purposes of this Lease, "Occupant" shall mean any occupant of the
Apartment that has been approved by Landlord, and "Guest" shall mean any guest or other invitee of either teaseholder or an
Occupant. Leaseholder is responsible for the acts and violations of any Occupant or Guest. if this Lease is violated by any Occupant or
Guest, then Leaseholder will be deemed to have vioiated this Lease. Guests shall not stay in the Apartment for more than 10
consecutive days without Landlord's prior written consent.
5. Muitiple Leaseholders. If this Lease has more than one Leaseholder, then each Leaseholder isiointly and severally responsible for
paying all Rent and other sums due under this Lease. Leaseholder is jointly and severally responsible for all othe:r obiigations of the
Leaseholder under this Lease. If this Lease is violated by any Leaseholder, Occupant, or Guest, then each Leasehoider will have violated
this Lease. Landlord's notice to any individual Leasehoider shall constitute notice to each Leaseholder.
6. No Subleases'I Assignment. teaseholder shali not subiease its interest in this Lease. Any attempted sublease in violation of this
Section is null and void and shall constitute a material breach of this Lease. Leaseholder shall not otherwise assign its interest in this
Lease without Landiord's prior written consent, which consent La ndiord may grant, withhold, or condition in its soie and absolute
discretion. Any attempted assignment in violation of this Section is null and void and shaii constitute a breach of this Lease.
7. Delay of Occupancy. Landlord is not responsible for any delay in Lea seholder's occupancy of the Apartment caused by
construction or any necessary repairs or cleaning, or by the unlawful hoidover of the previous Leaseholder. in such event, this Lease
shall remain in full force, subject to abatement of Rent on a daiiy basis during the delay. ii Landlord cannot deliver possession of the
Apartment by thirty days following the Lease Commencement Date, then Leaseholder may terminate this Lease after such date by
providing a written termination notice to Landlord. Notwithstanding the foregoing, Rent shall not abate, and Leaseholder shall not be
entitied to terminate this Lease if the delay is for cleaning or repairs that do not prevent Leaseholder from occupying the Apartment.
8. Lease Term; Automatic Renewal. The initial minimum term of the Lease is outlined as the Lease Term Dates defined above. This
Lease wiil automatically renew on a monthtomonth basis unless either party gives at least 60 days' written notice of termination or
intent to move out at the end of the lease term. Any termination notice by Leaseholder pursuant to this Section shall comply with all the
requirements of a "Move-Out Notice" that are set forth below. in the event the lease is renewed on a monthto-month basis, rent wiii
be adjusted to current month-to-month rentai rate.
9. Lease Changes. No rent increases or changes to the Lease shall occur before the initial tease Termination Date, unless agreed to
by both parties in writing, except for tandiord's reasonable changes to the Community Rules of the tease, Addenda and/or the Resident
Handbook. if this Lease automatically renews on a month-tomonth basis, then Landlord may change any of the terms of this Lease,
CENTERSPACE
9 .5
Lease Agreement 10-01-2023
Page 2 of 22
Document digitally sigiicri using REN'I'Cafc cSignauuc services. Document it): 95405]
73-CV-24-1296
Filed in District Court
State of Minnesota
2/21/2024 8:52 AM
including increasing Rent, as of the first calendar day following the initiai lease termination date. The Lease will be deemed modified as
of the specified date, without necessity of Leaseholder's signature, unless Leasehoider provides its termination notice.
10. BEE- Leasehoider shail pay to Landlord the Total Monthly Payment and all other charges set forth above in advance and without
offset or deduction, commencing on the Lease Start Date, and continuing on the first day of each calendar month during the term of this
Lease. Leaseholder shall pay all Rent to Landlord at such place and in such manner as Landlord may from time to time designate in
writing. teaseholder shall pay all Rent without Landlord's previous demand, invoice or notice for payment. Landlord and teaseholder
will prorate Rent, on a per diem basis, for any partial month within the term of the Lease. Leaseholder shail pay Rent eiectronically as
set forth beiow. Leaseholder agrees to remit payment for the full balance due on the account, including rent and any additional charges.
At Landlord's option, Landlord may appiy money received from Leaseholder first to any of Leasehoider's unpaid obligations, and then to
current Rent. Leasehoider's obligation to pay Rent is independent from any of Landlord's covenants, obligations, warranties or
representations in this Lease and failure to pay Rent when due is deemed a material breach of this tease. Leaseholder agrees and
understands that the payment of rent is not proportional in any way to the use or availability of any community amenity of any kind, but
for the use and occupancy of the Apartment identified above.
11. Utiiities paid by Leasehoider. teaseholder agrees to pay for all utilities, utility deposits, charges, fees, or service charges for all
utilities monthly and will not allow utiiities to be disconnected or service interrupted until the lease term or Leaseholder possession
ends. Payments made may be applied to all outstanding balances before current balances. If any specific utilities are billed to
Community and then divided and billed to Leasehoider, Landiord will attach a Utility Addendum to this Lease.
12. Electronic Fund Transfer; ACl-l Checjg Conversion. Unless otherwise agreed in writing, Leaseholder acknowledges that ali Rent
shall be paid by electronic fund transfer using ACH, Debit Card, Credit Card and/or Cash Payment Program. Leasehoider agrees to pay
any fees associated with payment processing.
13. Qelinquent Payments; Reiected/Returned Payment Fee. If Leaseholder does not pay Rent on or before the date listed above,
then Leaseholder shail be in default under this Lease, and Leaseholder shall also pay Landlord a late fee based on the balance of the
monthly unpaid rent, including pet, garage, storage, and other additiOnal rental fees, as set forth above. A late fee must be included
with the delinquent rent payment. Leaseholder acknowledges and agrees that said late fee is liquidated damages, is fair, and
reasonable. Leaseholder shall also pay a fee for each returned check or rejected automatic electronic draft. The fee amount shall not
exceed state restrictions for which the Community is located. Leaseholder accounts that receive 2 returned payments from any source
will enter a probationary period and may have restricted payment methods.
14. Indemnity, Hold Harmless, and Attorneys' Fees. Leaseholder shall release, indemnify, defend, and hold harmless Landlord from
and against all claims, actions, demands, liabilities, damages, costs, penalties, losses or expenses (including without limitation
reasonable attorneys' fees) arising from: (a) any breach or default by Leaseholder in the performance of any of Leaseholder's covenants
or agreements in this Lease; (b) any misconduct or negligent act or omission of Leasehoider, or of any Occupant or Guest; (c) any
accident, injury, occurrence or damage in, about or to the Apartment; and (d) to the extent caused in whoie or in part by Leaseholder
(or by any Occupant or Guest), any accident, injury, occurrence or damage in, about or to the Community. Leaseholder acknowledges
and agrees that if any federal, state, county, city or other municipality statute, ordinance, rule or case law provides that Leaseholder is
entitled to recover their reasonabie attorney's fees, costs and disbursement in any action Leaseholder is entitled to bring against
Landlord or the Owner under any such statute, ordinance, rule or case law, then Landiord shall be entitled to recover its attorney's fees,
costs and disbursements if it is the prevailing party in such action brought by Leasehoider under the same circumstances as Leaseholder.
Separately, in the event the Landlord commences any legal action against the Leaseholder to enforce this Lease, including but not
limited to an eviction action, the Leaseholder shali be responsible to pay the Landlord's hard costs in filing any such claim, including but
not limited to court fees, service fees, writ fees, and sheriff fees, plus attorneys' fees up to $1,500.00.
15. Notices. Unless otherwise provided by law, any and all notices to be delivered to teaseholder pursuant to this Lease or otherwise
sha
Preview
73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM See Instructions (HOU101) for help in fitting out this form. State of Minnesota District Court County of: Stearns Court File Number: Judicial District:_ Seventh Case Type: Eviction Plaintiff #1 (Landlord) Plaintiff #2 (Landtord) Grand Gateway Apartments - Name: Name: Centerspace Address: Address: 4005 24th Street South City/State/Zip: City/State/Zép St. CEoud, MN 56301 V5 V5 Defendant #2 (Tenant) Defendant #1 (Tenant) Name: Name: Sheena Kutzorlk Address: Address: 4005 24th Street S, #326 City/State/Zip: City/State/Zip: St. Cloud, MN 56301 EVlCTlON ACTlON COMPLAlNT (HOU102) Minn. Stat. § 5043.321 PLEASE TAKE NOTfCE: if financially unable to obtain counsel, the defendant has the right to a court-appointed attorney in a public housing eviction case that alleges breach of lease under Minn. Stat. § 5043.171 or § 5043.285 El Check the box if the leased or rental property qualifies as public housing as term is used in Minn. Stat. § 5048.268. [3 Check the box it the tenancy is affected by a federal or state housing subsidy program through project-based federal assistance payments, the Section 8 program, as defined in Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit program; or any other similar program. Name of agency that administers the housing subsidy program: [3 Check the box if there are more than two plaintiffs or more than two defendants. List the information for the other parties on the Additional Litigants Form, HOU125 1. Rental Agreement (Lease) Landlord leased or rented the property located at: Address: 4005 24th Street 5. Apartment #: 326 EViCfiOI'l Action Complaint HOU'lOZ State ENG Rev 1/24 D www.mncourts.govlforms Page 1 of 5 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM City, State, Zip: St. Cloud, MN 56301 County: Steams includes a garage Does not include a garage The agreement for the property, beginning from November, 2023 (date), and ending November, 2024 (date), is an [:1 ORAL or WRITTEN agreement and is for: (Check all that apply) Payment of Rent. The current due and payable under this agreement each month is 5 1687.00 due on the lst day of the month. {:1 Exchange of Services. The agreement for exchange of services was: (explain in detail) 7" important! lf there is a written agreement (lease), you must inciucle the written lease, or most recent written lease in existence, and any relevant lease addenda, with this Complaint. 2. Notice of Right of Possession by Landlord for Residential Leases Landlord having present right of possession of the residential property, has followed Minn. Stat. § 5048.181 by: (You must check either A and B, or C) a. informing the Tenant, either in the rental agreement or otherwise, before the beginning of the tenancy, the name and address of: I The person authorized to manage the property; AND 0 A landlord or agent authorize by the landlord to accept service of process and receive and give receipt for notices and demands; AND >13 b. Posting in an obvious place on the property a printed or typewritten notice that includes the information above. Explain where the notice is posted: Office 0R g4 c The Tenant knew of the name and address of the person authorized to manage the property and accept and give receipt for notices and demands, at least 30 days before the filing of this action, because: Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourtsgov/forrns Page 2 of 5 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM Also provided in Lease Agreement and notices. 3. Grounds for Eviction Landlord seeks to have the Tenant evicted for the following reasons: (Check all that apply) 3- The Tenant is still in possession of the premises and has failed to pay rent for the ** month(s) of January, 2024 thru February, 2024 in the amount of S 1687.00 per month, payable on the lSt day of each month, for a total due of S 4771.43 For Residential Leases Only: A written notice pursuant to Minn. Stat.§ 5048.321 subd. 1(a) was served on Tenant 2/5/2024 (date), which was at least 14 days before filing this eviction complaint. The written notice is attached. >3 1). The Tenant failed to vacate the property after written notice was given: (check all that apply) Landlord gave written notice to Tenant on 02/05/2024 (date) to vacate the property by 02/ l 9/2024 (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate. 1:} Tenant gave written notice to Landlord on (date) that they would vacate the property by (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate. EEG. The Tenant has broken the terms of the rental agreement by the following: (Explain I in detail) 0 The specific clause of the agreement that was violated; o The dates and description of what happened that violated the agreement; and 0 Which section of the agreement gives the landlord the right to evict tenant for breaking the terms of the rental agreement. Hthe full amount of which includes amounts due and owing in late fees per month payable, utilities and storage fees, as well as monthly rent and expenses that become due and owing following the filing of this Complaint. Eviction Action Complaint HOUtOZ State ENG Rev 1/24 D www.mncourts.govlforms Page 3 of 5 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM [:1 d. The Tenant has breached the covenants at stated in Minn. Stat. §504B.171 by: (Explain, in detail, what happened including dates.) Ele- The Tenant defaulted on the mortgage, and the property has been said at a Sheriff's sale. The Redemption period has expired, and Plaintiff is entitled to possession. The Tenant defaulted on a Contract for Deed and is hoiding over after proper Uf- cancellation of the contract. 4. The Landlord seeks judgment against the above Tenants for restitution of said premises plus costs and disbursements. s. Tenant #1 date of birth / Unknown; Tenant #2 date of birth / {:3 Unknown; If a tenant is a business, leave this section blank for that tenant. 6. Miiitary status for Tenant: Tenant # 1 [j is in the miiitary service {:1 is not in the military service Unknown Tenant it 2 CI is in the military service E] is not in the miiitary service Unknown If a tenant is a business, leave this section blank for that tenant. Ideciare under penalty of perjury that everything that have stated in this document is true I and correct. Minn. Stat. § 358.116. ****Notice: A iicensed attorney must sign the Complaint and afié'é ar' ' court on behalf of a **** corporation or LLC. 7 Dated: February 20, 2024 2" 22/ Signature" Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourtsgovliorrns Page 4 of 5 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM Stearns Name: Lori L. Athmann, JDA Law Firm County and State where signed Address: 1010 W. St. Germain, Suite 420 City/State/Zip: St. Cloud, MN 56301 Phone: 320230-0203 Email: Lori.Athmann@jdaiaw.net Evictiori Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourtsgov/fonns Page 5 of 5 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM 2/5/2024 Grand Gateway 4005 24ti} Street S St. Cloud, MN 56301 Sheena Kutzorik, 4005 24:11 Street S Apt 326 St. Cioud, MN 56301 NOTICE OF LANDLORD'S INTENT TO FILE AN EVICTION ACTION FOR UNPAID RENT AND FINANCIAL OBLIGATIONS UNDER THE LEASE Dear Sheena Kutzorik: This Notice is your eviction prefiling notice. Yeti are advisetl as follows: 1. This Notice will be: (a) mailed to you at the address of the leased premises; or (b) personally delivered to you. You have unpaid rent and/or other unpaid financial obligatioris in ViolatiOii of the lease and you may soon be subject to an eviction action. The total amount due is $4,741.41. U.) A specific accounting of the amount of the total due from unpaid rent, late fees, and other charges under the lease: *See Attached Ledger" will aiso be responsible U: Y011 for' rent and any unpaid financial ObiigafiOIIS that continue to accrue aftei' the date of this Notice. Tile name and address of the person authorized to receive rent and fees and unpaid financial obligatioxis and receive and gixle receipts on behalf of the Landlord is: Angie Jami, 4005 24th Street S St. Cloud. MN 56301 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM In accordance with state the following additional notices are provided: a. You have the right to seek legal help. If you canit afford a lawyer, free help may be available. Contact Legal Aid or visit www.La\-vl-IelpMNorg to know your riglits arid find your local Legal Aid Office. b. To apply for' financial help, contact your local county or Tribal social services office, apply online at MNBenefits.1nn.gov or call the United Way tol1~free information line by' dialing 21l or 800 5437709. c. Your landlord can] file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local govennnents may have all evictiori notice period longer than l4 days. No Waiver {01' Pavrnent or Partial Pay'inelit.: YOU agree and acknowledge that if yort make any payment (for rent, late fees, or other unpaid financial obligations) you do so with the understanding and agreement that: (a) the acceptance by the Landlord of a partial payment does not constitlrte a waiver by the Landlord to further collect the remaining amounts of rent, late fees, or other unpaid financial obligation or proceed with all eviction; (b) Landlord may continue all of its rights and remedies under the law, including proceeding with an eviction; and (c) Landlord's acceptaiice of any payment shall not constitute a waiver of the right to evict you foa' past or existiltg violations of any term of the lease or other document governing your lease or tenancy. Application of Monies Received on Account: YOLI agi'ee that. all monies received by the Landlord or its agents during the tern] of the lease, or any extension or renewal, shall he first applied to any and all charges (rent, late fees or other unpaid obligations) that are past due, and the balance of any monies received after' paying past due balances shall be applied towards the current month's unpaid Obligatimis consistent with Minn. Stat. § 504329]. Sincerely, Angie Janni 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM Resident Ledger Date: 02/20/2024 Code t0042799 Property Grand Gateway tease From 11/ 15/ 2023 Name Sheena Kutzorik Unit 326 Lease To 11/ 14/ 2024 4005 24th Street 5 Apt Address Status Current Move in 1 1/ 15/ 2023 326 Rent 1,615.00 Move Out City St. Cloud, MN 56301 Phone (H) Phone (W) (320) 339-4004 " i"i-'f'-?".:-'93'te ~ '- *C0dé ' ~ Dé's'c'riistibh'." .-i' {Chargesj Pavmé'htés': '-Béfa.n¢e;' Ch'airges/aecieipgt's. 11/02/2023 APPFEE Application Fee (Sheena Kutzorik) 50.00 0.00 $0.00 2953358 chk# 212659325 Debit Card OneLine 11/02/2023 Payment; Mobile Web Onfine - 0.00 50.00 0.00 975921 Leasing 11/07/2023 DEPAPT apartment deposit 400.00 0.00 400.00 2956411 chk# :ACH~WEB Oniine Pa ment EFT - 11/07/2023 0'00 400'00 0'00 981132 Payment. Mobile Web Onyline Leasing - ADMINFE 11/16/2023 Admin Fee 100.00 0.00 100.00 2960487 PARKING 11/16/2023 Garage-AttachSingle for 16 days 32.00 0.00 132.00 2960488 11/16/2023 RENT Rent for 16 days 861.33 0.00 993.33 2960489 chk# :ACHWEB Online Payment EFT - Payment. Mobile Web Resident 11/16/2023 Services NSFed by ctrl# 985827 0.00 993.33 0.00 984558 Automatic NSF 853ZDLFQU2, Return Code: ROI Uncollected NSF 11/21/2023 NSFFEE Returned check charge 30.00 0.00 30.00 2962236 chkilaE :ACHWEB Online Payment - EFT 11/21/2023 Payment. Mobile App Resident - 0.00 1,000.00 070.00 985839 Services chk# :ACHWEB Online Payment EFT 11/21/2023 Payment. Mobile App Resident - 0.00 23.33 093.33 985841 Services Chk# :ACH'WEB NSF rece'pt Ctrl# 11/21/2023 0.00 993.33 0.00 985827 984558 12/01/2023 iNSURFE Ren Ins Fee (12/2023) 20.00 0.00 20.00 2964945 PARKiNG 12/01/2023 Parking Garages (12/2023) 60.00 0.00 80.00 3050393 12/01/2023 RENT Rent (212/2023) 1,615.00 0.00 1,695.00 3050394 chkii :ACHWEB Online Payment EFT 12/01/2023 Payment. Mobile App Resident - 0.00 1,695.00 0.00 1010772 Services 01/01/2024 RU BFEE Acct. Setup 15.00 0.00 15.00 3103803 01/01/2024 RU BGAS Gas 11/15/23-11/30/23 - 22.09 0.00 37.09 3103805 73-CV-24-1296 Filed in District Court State of Minnesota RUBPEST 2/21/2024 8:52 AM 01/01/2024 Pest Control 11/15/2311/30/23 3.20 0.00 40.29 3103807 01/01/2024 RUBFEE Service Fee - 11/15/2311/30/23 6.00 0.00 46.29 3103809 01/01/2024 RUBWS Sewer 11/15/23-11/30/23 - 9.09 0.00 55.38 3103812 RUBTRSH 01/01/2024 Trash 11/15/23-11/30/23 6.17 0.00 61.55 3103814 01/01/2024 RUBWS Water 11/15/2311/30/23 21.39 0.00 82.94 3103816 01/01/2024 INSURFE Ren Ins Fee (01/2024) 20.00 0.00 102.94 3156979 PAR KING 01/01/2024 Parking Garages (01/2024) 60.00 0.00 162.94 3166100 01/01/2024 RENT Rent (01/2024) 1,615.00 0.00 1,777.94 3166101 chk# :ACH-WEB Oniine Payment EFT 01/02/2024 Payment. Mobile App ~ Resident 0.00 1,100.00 67794 1044824 Services T ERMFEE 01/03/2024 lease break fee 3,350.00 0.00 4,027.94 3186543 01/04/2024 LATEFEE Late Fee, 8% of $677.94 54.24 0.00 4,082.18 3186977 chk# :ACHWEB Online Payment - EFT 01/12/2024 Payment. Mobile App Resident 0.00 677.97 3,404.21 1052608 Services chk# :ACH-WEB Oniine Payment EFT 01/28/2024 Payment. Mobile App Resident 0.00 600.00 2,804.21 1067836 Services 02/01/2024 RUBGAS Gas 12/01/23-12/31/23 - 44.53 0.00 2,848.74 3219829 RU B PEST 02/01/2024 Pest Control ~ 12/01/23~12/31/23 6.00 0.00 2,854.74 3219831 02/01/2024 RUBFE£ Service Fee12/01/23-12/31/23 - 6.00 0.00 2,860.74 3219833 02/01/2024 RUBWS Sewer 12/01/23-12/31/23 16.99 0.00 2,877.73 3219835 RU BT RSH 02/01/2024 Trash 12/01/23-12/31/23 15.47 0.00 2,893.20 3219837 02/01/2024 RUBWS Water~ 12/01/2312/31/23 19.21 0.00 2,912.41 3219839 02/01/2024 lNSURFE Ren Ens Fee (OZ/2024) 20.00 0.00 2,932.41 3273801 P ARK NG l 02/01/2024 Parking Garages (OZ/2024) 60.00 0.00 2,992.41 3282961 02/01/2024 RENT Rent (02/2024) 1,615.00 0.00 4,607.41 3282962 02/04/2024 LATEFEE Late Fee, 8% of 51675.00 134.00 0.00 4,741.41 3305441 chk# :ACH-WEB Oniine Payment EFT Payment. Mobile App Resident 02/10/2024 Services NSFed by ctri# 1089001 0.00 500.00 4,141.41 1088235 Automatic NSF SKNZlGQQLB, Return Code: R01 Uncoiiected NSF 02/14/2024 NSFFEE Returned Check Charge 30.00 0.00 4,171.41 3310109 Chm ZACH'WEB NSF rece'pt arm 02/14/2024 0.00 4500.00 4,771.41 1089001 1088235 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM iii? LEASE AGREEMENT Community: Grand Gateway, 4005 24th Street 5 St. Cloud, MN 56301 Leaseholder(s): Sheena Kutzorik Additional Occupants: Leased Dwelling Address 4005 24th Street 5 Apt 326, St. Cloud, MN 56301 Apartment: 326 lease Term Dates: November 15, 2023 . November 14, 2024 Effective Date: November 15, 2023 Total Monthly Payment: $1,687.00 {Breakdown Below) *Monthly Apartment Rent: *Monthly Administrative Fee for $1,515.00 $6.00 Utility Billing: *Pest Control Fee: $6.00 Number of Pets: 0 "Animal Rent: $0.00 Number of Assistance Animals: 0 **Parking/Garage Rent: $60.00 Parking] Garage Space: 5-17 "Storage Rent: $0.00 Storage Space: NA One-Time Concession: $0.00 "Recurring Concession: $0.00 Other Residential Fee Disclosures (Some of these are event-based fees are not recurring monthly payments but may be applicable during tease Ternl Dates.) ***Apartment Deposit: $400.00 "*Administrative Fee: $100.00 ***Application Fee: $50.00/person i""'Cemorete Lease Setup Fee: $375.00 ***Nonrefundable 9et Fee: $0.00 **"Animal Deposit $0.00 "*Utility Account Activation Fee ***Utility Account Deactivation $15.00 $15.00 Fee: Late Fee: 8.00 % Satellite Dish Removal Fee: $200.00 Renters insurance Exemption/Non- NSF Fee: $30.00 $20.00 Compliance Fee: Responsibility fee for Utilities: $50.00 Lockout: $300.00 Trash Violation Fee: Key/Fob/Garage Opener $50.00 $150.00 Maximum (Varies) Replacement: Smoking Fee: $500.00 Animal Violation Fee: $300.00 'This amount will be included in Total Monthly Fayment. I "This amount will only be included in Total Monthly! Payment, if elected by Leaseholder(s). | "*Required One~time Fees Rent is due on the 1" day of the month, regardless of holidays and/or oflice closurest If the account balance is not paid in full by the close of business on the 3rd day of the month, a Late Fee ' will be charged on the 4th day of the month in the amount of 8.00% oi the unpaid ', rent in the of the Total Monthly Payment indicated above, or as state regulation allows. Renters insurance Exemption/Non-compliance Fee is only charged if acceptable proof 0! renters insurance is not on file. Piaase refer to Utility Addendum for more detaiis on utility fees. opmm pm unlny mil {w liié'lltlgzt'lj by an "X, fummla lnmmlur', ur Dollar Anmunt, This dctlall will oullms: the rmplmslbllny and paymvnt Ina-thud for (faih ll'lllty type. UnlllyTypo Rvwlpnxlo Pay Llnllty Sun/4m Rs'suk-nl to Pay Landlord (VauabEp Rvsldom to Pay Landlord (flat llllilty as Hal llpplscai)l9 Pmwder Ram) Ra T\.1 X , flaunt: Suh-melgrgn X Gésifiufis Gas: Sub-meiere f'. meme Master Antenna 3Pé§lCofitrol 3 600 Stalmwater Traslf- Valet Trasfi 'Wa't'erfiefl'er: RUBS 1 Water/Sewn: sub-mglEfgd N/A *See Folmula Indicator on Utility Addendum for information on variable rate allocations. CENTERSPACE Lease Agreement 10-01-2023 Page 1 of 22 Document digiial137 signed using RBN'I'Cafe eSignaiure services. Document M): 954051 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM 1. Lease Agreement. This Apartment Lease (the "Lease") is made and entered into between Centerspace LLP ("Landlord"), and each individual listed above in the "Leaseholder" section of the Basic Terms (each, and collectively, "Leaseholder"), as of the date set forth below in Landiord's signature biock. Landlord is either the owner of the Community, and/or the authorized managing agent of the Community. in consideration of the mutual covenants set forth in this Lease, Landlord leases the apartment unit identified above (the "Apartment") to Leaseholder, and teaseholder leases the Apartment from Landlord. The Apartment shall be used only as a ptivate residence, and for no other purpose. Leaseholder shall tender the Apartment deposit specified above (the "Apartment Deposit") on or before the date Leasehoider signs this Lease. Authorized Manager and Landlord authorized to accept service of process and receive and give receipt for notiCe and demands: Centerspace LLP, Attn: Legal Department 800 LaSalle Plaza, Suite 1600, Minneapoiis, Minnesota. 2. Subordination. Leaseholder agrees and acknowledges that this Lease is subordinate to any current, subsequent, or future mortgage piaced on and secured by the property that is the Subject of this lease and Leaseholders authorizes Landlord or the property Owner to execute on behalf of Leasehotder any and all documents necessary to subordinate this Lease. 3. No Oral Agreements. This Lease contains the entire agreement between the parties with respect to the leasing of the Apartment, and there are no oral agreements between the parties. Leaseholder acknowledges that Landiord has not made any oral promises or representations. 4. Occupants and Guests. The Apartment may oniy be ocmpied by Leaseholder and Leaseholders approved occupants, and not by any other individual without Landlord's prior written consent. For purposes of this Lease, "Occupant" shall mean any occupant of the Apartment that has been approved by Landlord, and "Guest" shall mean any guest or other invitee of either teaseholder or an Occupant. Leaseholder is responsible for the acts and violations of any Occupant or Guest. if this Lease is violated by any Occupant or Guest, then Leaseholder will be deemed to have vioiated this Lease. Guests shall not stay in the Apartment for more than 10 consecutive days without Landlord's prior written consent. 5. Muitiple Leaseholders. If this Lease has more than one Leaseholder, then each Leaseholder isiointly and severally responsible for paying all Rent and other sums due under this Lease. Leaseholder is jointly and severally responsible for all othe:r obiigations of the Leaseholder under this Lease. If this Lease is violated by any Leaseholder, Occupant, or Guest, then each Leasehoider will have violated this Lease. Landlord's notice to any individual Leasehoider shall constitute notice to each Leaseholder. 6. No Subleases'I Assignment. teaseholder shali not subiease its interest in this Lease. Any attempted sublease in violation of this Section is null and void and shall constitute a material breach of this Lease. Leaseholder shall not otherwise assign its interest in this Lease without Landiord's prior written consent, which consent La ndiord may grant, withhold, or condition in its soie and absolute discretion. Any attempted assignment in violation of this Section is null and void and shaii constitute a breach of this Lease. 7. Delay of Occupancy. Landlord is not responsible for any delay in Lea seholder's occupancy of the Apartment caused by construction or any necessary repairs or cleaning, or by the unlawful hoidover of the previous Leaseholder. in such event, this Lease shall remain in full force, subject to abatement of Rent on a daiiy basis during the delay. ii Landlord cannot deliver possession of the Apartment by thirty days following the Lease Commencement Date, then Leaseholder may terminate this Lease after such date by providing a written termination notice to Landlord. Notwithstanding the foregoing, Rent shall not abate, and Leaseholder shall not be entitied to terminate this Lease if the delay is for cleaning or repairs that do not prevent Leaseholder from occupying the Apartment. 8. Lease Term; Automatic Renewal. The initial minimum term of the Lease is outlined as the Lease Term Dates defined above. This Lease wiil automatically renew on a monthtomonth basis unless either party gives at least 60 days' written notice of termination or intent to move out at the end of the lease term. Any termination notice by Leaseholder pursuant to this Section shall comply with all the requirements of a "Move-Out Notice" that are set forth below. in the event the lease is renewed on a monthto-month basis, rent wiii be adjusted to current month-to-month rentai rate. 9. Lease Changes. No rent increases or changes to the Lease shall occur before the initial tease Termination Date, unless agreed to by both parties in writing, except for tandiord's reasonable changes to the Community Rules of the tease, Addenda and/or the Resident Handbook. if this Lease automatically renews on a month-tomonth basis, then Landlord may change any of the terms of this Lease, CENTERSPACE 9 .5 Lease Agreement 10-01-2023 Page 2 of 22 Document digitally sigiicri using REN'I'Cafc cSignauuc services. Document it): 95405] 73-CV-24-1296 Filed in District Court State of Minnesota 2/21/2024 8:52 AM including increasing Rent, as of the first calendar day following the initiai lease termination date. The Lease will be deemed modified as of the specified date, without necessity of Leaseholder's signature, unless Leasehoider provides its termination notice. 10. BEE- Leasehoider shail pay to Landlord the Total Monthly Payment and all other charges set forth above in advance and without offset or deduction, commencing on the Lease Start Date, and continuing on the first day of each calendar month during the term of this Lease. Leaseholder shall pay all Rent to Landlord at such place and in such manner as Landlord may from time to time designate in writing. teaseholder shall pay all Rent without Landlord's previous demand, invoice or notice for payment. Landlord and teaseholder will prorate Rent, on a per diem basis, for any partial month within the term of the Lease. Leaseholder shail pay Rent eiectronically as set forth beiow. Leaseholder agrees to remit payment for the full balance due on the account, including rent and any additional charges. At Landlord's option, Landlord may appiy money received from Leaseholder first to any of Leasehoider's unpaid obligations, and then to current Rent. Leasehoider's obligation to pay Rent is independent from any of Landlord's covenants, obligations, warranties or representations in this Lease and failure to pay Rent when due is deemed a material breach of this tease. Leaseholder agrees and understands that the payment of rent is not proportional in any way to the use or availability of any community amenity of any kind, but for the use and occupancy of the Apartment identified above. 11. Utiiities paid by Leasehoider. teaseholder agrees to pay for all utilities, utility deposits, charges, fees, or service charges for all utilities monthly and will not allow utiiities to be disconnected or service interrupted until the lease term or Leaseholder possession ends. Payments made may be applied to all outstanding balances before current balances. If any specific utilities are billed to Community and then divided and billed to Leasehoider, Landiord will attach a Utility Addendum to this Lease. 12. Electronic Fund Transfer; ACl-l Checjg Conversion. Unless otherwise agreed in writing, Leaseholder acknowledges that ali Rent shall be paid by electronic fund transfer using ACH, Debit Card, Credit Card and/or Cash Payment Program. Leasehoider agrees to pay any fees associated with payment processing. 13. Qelinquent Payments; Reiected/Returned Payment Fee. If Leaseholder does not pay Rent on or before the date listed above, then Leaseholder shail be in default under this Lease, and Leaseholder shall also pay Landlord a late fee based on the balance of the monthly unpaid rent, including pet, garage, storage, and other additiOnal rental fees, as set forth above. A late fee must be included with the delinquent rent payment. Leaseholder acknowledges and agrees that said late fee is liquidated damages, is fair, and reasonable. Leaseholder shall also pay a fee for each returned check or rejected automatic electronic draft. The fee amount shall not exceed state restrictions for which the Community is located. Leaseholder accounts that receive 2 returned payments from any source will enter a probationary period and may have restricted payment methods. 14. Indemnity, Hold Harmless, and Attorneys' Fees. Leaseholder shall release, indemnify, defend, and hold harmless Landlord from and against all claims, actions, demands, liabilities, damages, costs, penalties, losses or expenses (including without limitation reasonable attorneys' fees) arising from: (a) any breach or default by Leaseholder in the performance of any of Leaseholder's covenants or agreements in this Lease; (b) any misconduct or negligent act or omission of Leasehoider, or of any Occupant or Guest; (c) any accident, injury, occurrence or damage in, about or to the Apartment; and (d) to the extent caused in whoie or in part by Leaseholder (or by any Occupant or Guest), any accident, injury, occurrence or damage in, about or to the Community. Leaseholder acknowledges and agrees that if any federal, state, county, city or other municipality statute, ordinance, rule or case law provides that Leaseholder is entitled to recover their reasonabie attorney's fees, costs and disbursement in any action Leaseholder is entitled to bring against Landlord or the Owner under any such statute, ordinance, rule or case law, then Landiord shall be entitled to recover its attorney's fees, costs and disbursements if it is the prevailing party in such action brought by Leasehoider under the same circumstances as Leaseholder. Separately, in the event the Landlord commences any legal action against the Leaseholder to enforce this Lease, including but not limited to an eviction action, the Leaseholder shali be responsible to pay the Landlord's hard costs in filing any such claim, including but not limited to court fees, service fees, writ fees, and sheriff fees, plus attorneys' fees up to $1,500.00. 15. Notices. Unless otherwise provided by law, any and all notices to be delivered to teaseholder pursuant to this Lease or otherwise sha