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25-CV-24-684
Filed in District Court
State of Minnesota
4/18/2024 4:35 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF GOODHUE FRST JUDICIAL DISTRICT
HOUSII'IG COURT
Daryl Snader
8417 Bavaria Road
Victoria, Minnesota 55386
EVICTION ACTION COMPLAINT
Plaintiff,
vs.
Court File No.
Cassie Valzmek;
Roman Valasek: John Doe; Jane Doe
27 Raasch Ranch
Zumbrota, MN 55992
Defendant(s).
My true and correct name is Aisosa Osaretin, I am the Attorney for the Plaintift' in the
abovecaptioned proceeding, and I state under oath that the information contained in this
Complaint is true and correct to the best of my knowledge:
l. Prom"! Information:
a. 27 Raasch Ranch
Zumbrota, Minnesota 55992
b. The lease does not include a garage or storage unit.
2. About the Parties:
a. Plaintiff (Landlord): Daryl Snader
b. Defendantgs): Cassie Valasek
Roman Valasek
3. Lease Information:
a. Leme Start Date December 1, 2021
b. Lease End Date Monthqo-Month
c. Monthly Obligation $400.00, due on the first day of the month.
4. Statutogx Compliance: Plaintiff, having present right of possession of said property, has
complied with Minn. Stat. § 5048.181: Not less than 30 days before the filing of this action,
Defendant(s) knew the name and address of the person authorized to manage the property,
and a landlord or agent authorized by the landlord to accept service of process and receive
and give receipt for notices and demands because the required information is contained in the
lease, and through various communications between the parties.
25-CV-24-684
Filed in District Court
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5. §ubsidies: This tenancy is not affected by a federal or state housing subsidy program through
project-based federal assistance payments; the Section 8 program, as defined in section
469.002, subdivision 24; the low-income housing tax credit program; or any other similar
program.
6. Reason for Eviction: Non-Payment of Rent (50482911327009, subd. 2)
Defendant(s) failed to pay rent in full. and as of April 2, 2024. Defendant( s) are in arrears
$2,500.00, calculated as follows:
Rent and/or Late Fees for November 2023 through April 2024 = $2,500.00
In addition, pursuant to Minn. Stat. § 5048.291, Defendant(s) are required to pay any
additional rent then in arrears, plus costs and expenses of $460.00 (includes the court filing
fee of $305.00, legal process and service fees of $150.00, and $5.00 in attorney fees), and
perform any other covenants of the lease, prior to Defendant(s) redeeming and being restored
to possession. Plaintiff does not waive the right to seek collection, payment, or other legal
action for any amount(s) not pled above.
A pre-eviction notice, attached, was delivered to Defendant(s) pursuant to Minnesota Statute
sections 5048.321, subd. la and 327009 subd. 2.
Material Lease Violations
Defendant(s) have failed to properly maintain the rental lot upon which Defendant(s)'s
manufactured home is located in violation of community rule sections IVJ, 2, 3, and 8
(attached) and lease section 10 (attached). Under the rules and lease Defendant(s) have a
duty to ensure that their lot is "kept neat and clean at all times" among other
requirements. Defendant(s) have failed to keep their lot neat and clean whereas the lot has
been found to have excess debris. trash, tools, car parts, and related items strewn about
(please see attached pictures). Defendant(s) have been given two notices to clean the lot; one
on August 28. 2023 and one on March l4, 2024. Pursuant to section 10 of the lease and
Minn. Stat. 327C.09 Subd. 4 Defendant(s) had 30-days to clean the lot after receiving notice
to clean it. Defendant(s) have not complied with the lease or statute and the lot remains
unkept as of the date of this filing.
Defendant(s) conduct is in violation of the lease agreement, allowing this eviction to be
commenced pursuant to Minnesota Statute section 327C.09. Pursuant to section 20 of the
Lease Agreement, Defendant(s) may be evicted and Plaintiff may recover possession of the
land upon which the manufactured home is situated due to Defendant(s) failure to correct the
rule violation within 30 days after receiving notice of the violation.
7. Pursuant to Minnesota Statutes section 5048.345, subd. l(a), Plaintiff seeks immediate
judgment against the above Defendant(s) for restitution of said premises, and immediate writ
of recovery of said premises, plus costs and disbursements herein.
Verification and Affidavit of Non Military Status
I, Aisosa Osaretin. being sworn/affirmed, state that I am the Plaintiff's Attorney in this
action, that l have read the complaint and that it is true to the best of my knowledge; that
Defendant(s) islare not now in the military service of the United States, to the best of my
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25-CV-24-684
Filed in District Court
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information and belief. I acknowledge that costs. disbursements. and reasonable attorney and
witness fees may be awarded pursuant to Minnesota Statutes § 549.211. Subd. (2), to the party
against whom the allegations in these pleadings are asserted. l declare under penalty of perjury
that everything I have stated in this document is true and correct. Minn. Stat. § 358.l 16.
Landlord Resource Network, LLC
Dated: April 18. 2024 /s/Aisosa Osareliri
Aisosa Osaretin (#0402381)
225 S. 6th Street. Suite 3900
Minneapolis, MN 55402
Phone: 612-314-3177
aisosa@landlordresource.net
Attorney for Plaintiff
25-CV-24-684
Filed in District Court
State of Minnesota
4/18/2024 4:35 PM
Morgan Capital, LLC
Raasch's Ranch
8417 Bavaria Rd.
Victoria, MN 55386
952-250-8492
snaderti@aol.com
October 24, 2023
To all Raasch's Ranch mobile home park residents:
Effective January l, 2024, the park lot rent for Morgan CapilalfRaasc-h Ranch mobile
home park will go from $345.00/month to $400.00/month. This reflects an increase of
$55.00/month in park rent.
We are doing our best to keep the park rent manageable for our tenants ~ while
simultaneously addressing the rapidly rising costs of running the park (examples of
this are: large tax increases and large insurance increases this year). While expenses
have increased significantly, we are managing to keep the rent below the comparable
rent in your area.
Our goal continues to be to support a safe and appealing neighborhood for you to call
home.
Sincerely,
Daryl and Tracy Snader
Morgan Capital, LLC
25-CV-24-684
Filed in District Court
State of Minnesota
4/18/2024 4:35 PM
NOTICE TO CLEAN PROPERTY
2nd NOTICE
MORGAN CAPITAL/ RAASCH RANCH
March 14, 2024
Roman and Cassie Valasek
27 Raasch Ranch
Zumbrota, MN 55992
Dear Tenant:
This letter is to inform you that your leased property at 27 Raasch Ranch in Zumbrota has not
been properly cleaned or maintained and is in violation of Section 10 of your lease agreement.
This notice serves as an official request to correct these issues within 7 clays of the date of this
letter. A follow-up inspection will be conducted on March 21, 2024 to ensure the appropriate
corrective action has been taken. Failure to comply with this request will result in, among other
things, payment of damages and/or cleaning services. You may also be served with a
"Notice to Quit" if the issue remains unresolved.
The upkeep and cleanliness of your lot will continue to be an expectation moving forward.
Your prompt attention to this matter is expected and anticipated. Please feel free to contact
me if you have any questions or concerns.
Sincerely,
Galen Warnke
Park Manager
Tenant acknowledgement of receipt of notice:
Signature Date
25-CV-24-684
Filed in District Court
State of Minnesota
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MANUFACTURED HOME LOT LEASE AGREEMENT
Raasch's Ranch / Morgan Capital, LLC
TO THE RESIDENT: This lease is binding legal document. By signing it you and
a
the PARK agree to be bound by everything it contains. You also agree to follow
any reasonable rules and regulations the PARK has in effect when you sign the
lease and after they are validly amended. Those rules and regulations are as
binding as this lease. Before you sign this lease, make sure you understand both
it and the rules and regulations. After you sign, ask for and keep a copy of this
lease and the rule and regulations.
1. DEFINITIONS: In this lease "PARK" means the owner of Raasch's Ranch
manufactured mobile home park and anybody working for the owner or acting on
the owner's behalf. "RESIDENT" means the adults who have signed this lease and
anybody living with those adults.
2. RENTAL OF LOT: By this lease the RESIDENT rents from the PARK from
month to month. Lot ll 27 , located at Raasch's Ranch in Zumbrota, MN.
The lot is rented for the RESIDENT'S manufactured home:
Make: Model:
Year: Serial #z
Length: Width:
This home is being financed by:
In addition to the lot, the PARK agrees to provide the RESIDENT with the
following services, facilities and personal property
3. AUTHORITY TO MANAGE AND RECEIVE NOTICE: Galen Warnke
ls authorized to manage the PARK. Galen Warnke is authorized to accept
services of process and receive and give receipt for notices and demands.
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4. RENT: The RESIDENT must pay the following charges each month as lot
rent:
Basic Lot Rental Fee
Extra fee for larger lot, more desirable location, pets or special services or
facilities other than utilities (itemize)
(a) $345.00 (Three hundred Forty-Five Dollars)
(b)
(C)
Total Monthly Rent $345.00
Rent increase effective 01.01.2024 -
96 is still to be determined as of 09.18.23
The resident must pay the total monthly rent on or before the first day of
each month at the drop box in the park. If the RESIDENT asks for a rent
receipt, the PARK must provide one. If the RESIDENT does not pay the rent
before the fifth of the month, the PARK may charge a reasonable late fee
of: $25.00
5. UTILITIES: The PARK will provide the RESIDENT with the following utility
services at no charge: trash
The PARK will provide
N/A (gas, electricity,
fuel oil, etc.) and charge the RESIDENT
N/A
6. INSTALLING OR REMOVING THE MANUFACTURED HOME: The RESIDENT
must give the PARK written notice 48 hours before the RESIDENT moves a
home either in or out of the PARK. (THIS NOTICE IS DIFFERENT FROM THE
NOTICE THE RESIDENT MUST GIVE TO TERMINATE THIS LEASE AND END HIS
0R HER OBLIGATION T0 PAY RENT. READ PARAGRAPH 19 OF THIS LEASE).
The PARK has the right to supervise the installation or removal of the
RESIDENTS home. The PARK may give the RESIDENT reasonable
instructions concerning installation or removal in order to protect the
PARK's facilities or safeguard the the homes of other residents. The
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RESIDENT must comply with these reasonable instructions. The PARK must
not require the RESIDENT to use the PARK service's when the RESIDENT
moves the home in or out of the mobile home manufactured park, unless
the park provides those services without charge. If the park and the
RESIDENT agree to have the park install or remove the manufactured
home, that agreement must be in writing, must state the price, if any, for
the services and must be signed by the PARK and the RESIDENT.
7. SECURITY DEPOSIT: Before beginning to live in the manufactured home
park, the RESIDENT must pay the PARK $250.00 as a security deposit. The
PARK must give the RESIDENT a written receipt for the deposit. When the
RESIDENT moves from the manufactured home park, the RESIDENT will give
the PARK a forwarding address. Within 3 weeks of receiving the address,
the PARK must either:
-refund the RESIDENT'S security deposit plus interest as the law may
require, or
-write the RESIDENT stating that the PARK is keeping some or all of the
deposit and explaining why.
The PARK will keep the security money only if the RESIDENT still owed the
PARK money, has moved out owing rent or if the RESIDENT has damaged
the PARK's property. The PARK must not hold the RESIDENT responsible for
wear and tear.
8. USE 0F THE LOT: The RESIDENT must use the lot only for residential
purposes. The RESIDENT must not build improvements on the lot or put a
different home on the lot unless the park first agrees in writing.
9. AUTOMOBILES: The RESIDENT must register with the park office all
automobiles regularly kept in the manufactured home park.
10. Lot Maintenance and Common Areas: The PARK must maintain the streets
and common areas of the manufactured home park and must obey all
health, safety and building code regulations which apply to the
manufactured home park. The RESIDENT must obey the PARK'S reasonable
Rules and Regulations about lot maintenance and about common areas,
such as streets and playgrounds. If the RESIDENT does not meet the
conditions imposed on the use of common areas, such as parking
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restrictions or if the RESIDENT fails to do lot maintenance work required by
this lease or by the PARK rules and regulations, such as cutting grass,
removing the garbage or debris, or clearing snow from sidewalks, the PARK
may tell the RESIDENT in writing that the work must be done by a
reasonable deadline. If the RESIDENT does not do the work by the
deadline, the PARK may do the work for the RESIDENT. The PARK may then
charge the RESIDENT for the reasonable costs of doing the work plus $10.
The PARK must give the RESIDENT an itemized bill which states a deadline
for its payment. The deadline must be thirty (30) days after the PARK gives
the bill to the RESIDENT and after said thirty (30) days has passed the
unpaid balance shall be deemed additional rent hereunder.
11.EMERGENCY WORK: If the RESIDENT's failure to do maintenance work or
to meet the conditions imposed on the use of common areas causes an
immediate danger to the PARK facilities or to the health or safety of other
resident's, the PARK may give the RESIDENT written notice to do the
necessary work immediately. If the RESIDENT does not do the work
immediately, the PARK may do the work and charge the reasonable costs to
the RESIDENT. If it is not possible or practical to give written notice and if
immediate maintenance is essential, the PARK may do the emergency work
without giving notice and may charge the reasonable costs to the
RESIDENT. The PARK must give notice of charges for emergency work to
the RESIDENT and in an itemized bill which states a deadline for payment.
The PARK must give notice of charges for costs to the RESIDENT. The
deadline must be thirty (30) days after the PARK gives the bill to the
RESIDENT and after said thirty (30) days has passed the unpaid balance
shall be deemed additional rent due hereunder.
12.PR|VACY: The PARK must not come into the RESIDENT'S manufactured
home except if invited, or if it is necessary to respond to an emergency or
prevent damage to the manufactured mobile home park. The PARK may
come onto the RESIDENT'S lot only by invitation or to inspect the lot, make
necessary and agreed upon goods or services, or to show the lot to
prospective or actual buyers, residents, workers, contractors, or
morgagees.
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13.PERSONAL PROPERTY: The PARK is not responsible for damage to the
RESIDENT'S property unless the PARK causes the damage. The PARK is not
responsible for any damage to the RESIDENT'S property due to the
interruption of service by any public utility. The PARK is not responsible for
any damages to the manufactured home or its contents due to vandalism,
burglary, or similar causes or similar acts by third parties.
14.5TORAGE AREA: Before storing any property in the PARK'S storage area,
the RESIDENT must register the property with the park and show the PARK
in writing either that the property is insured or that the property has no
insurable value. The rules and regulations explain what types of property
may be placed in the storage area.
15.PROPERTY LEFT BEHIND: If the RESIDENT leaves the park and abandons his
or her personal property (including the manufactured home), the PARK may
remove the property and store it. If the PARK does store the property, the
RESIDENT is responsible for the reasonable costs involved. Sixty (60) days
after it reasonably appears that the RESIDENT has abandoned the property,
the PARK may sell the property. The PARK must make a reasonable effort
to notify the RESIDENT by certified mail and by posting a notice in the park
at least fourteen (14) days before the sale. The PARK may use the money it
gets from the sale to pay reasonable costs involved in removing or storing
the property and to pay any claims the PARK has against the RESIDENT for
non-payment of rent or for the damage to park facilities. If there is money
left over, and the RESIDENT makes a written request to the PARK, the PARK
must return the remaining money to the RESIDENT. If any time before the
sale, the RESIDENT demands in writing that the PARK return the property,
and the property is on the park grounds, the PARK must allow the
RESIDENT to get the property within 24 hours. If the property is stored
elsewhere, the PARK must allow the RESIDENT to get the property within
48 hours, not counting weekends and holidays. For purposes of this
section, the manufactured home may be "stored" on the lot upon which it
was abandoned.
16.5UBLETTING: The RESIDENT must not sublet or assign this lease or the lot
to anybody without the PARK'S written permission. The RESIDENT does not
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have to inform the PARK of overnight visitors or other short-term guests
who stay less than 3 nights in a seven day period. But if any adult comes to
live or stay regularly with the RESIDENT after this lease is signed, the
RESIDENT must have the adult come to the PARK office to apply to become
a resident and to sign this lease. Unless the PARK has a good reason not to
do so, the PARK must accept the application and allow the adult to sign the
lease. The PARK must not reject any application for any reason prohibited
by federal, state, and local law. The PARK must not apply to stricter
standards to the applicant than the PARK applies to other prospective
residents. If the PARK rejects an applicant and the applicant asks for a
written explanation of the PARK'S decision, the PARK must within three
days give the applicant a written statement of the reasons.
17.SALE 0F THE TENANT'S MANUFACTURED HOME: The RESIDENT has the
right to sell the home and have the home remain in the park after the sale.
The RESIDENT must give a completed copy of the manufactured home
safety feature disclosure form to all prospective buyers prior to the sale of
the home. The PARK must not charge any fee to the RESIDENT for allowing
the RESIDENT to sell the home within the PARK. The park must not require
the RESIDENT to sell the home to the PARK or use the PARK'S services to
arrange the sale of the home. If the home is going to remain in the
manufactured home park, the PARK has the right to approve the buyer as a
resident, and to charge a fee up to $25 for processing a prospective buyers'
application for residency. However, the PARK must comply with these
requirements in processing a prospective buyers application: (a) If the
PARK requires a prospective buyer to apply in person or to be interviewed
in person, the PARK must be available to meet with the prospective buyer
at reasonable times; (b) the Park must decide whether to accept or deny
the buyer within 14 days of receiving a completed application unless the
PARK gives the buyer and the RESIDENT a written explanation of the
reasons for the delay and then makes a decision as soon as practicable; (c)
the PARK must have a written explanation for the way it decided to
approve or deny buyers and the PARK must make copies of the explanation
available without charge; (d) The policies for approval and rejection must
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be reasonable and must be applied equally to all applicants; (e) the PARK
must not use any stricter standards for approving a prospective buyer than
the PARK uses for approving other prospective residents.
In addition, if the PARK denies a buyers application: (a) The denial must be
reasonable; (b) The denial must not be based on a reason which is
prohibited by federal, state of local law; and (c) the PARK must give the
buyer a written explanation for the denial if the buyer asks for one. Before
approving the buyer, the PARK may inspect the RESIDENT'S lot and the
outside of the RESIDENT'S manufactured home to see whether the lot and
the home meet reasonable PARK rules and regulations relating to
maintenance. The PARK must not charge any fee for this inspection. The
PARK may require the prospective buyer to agree to rules which are
different from those that apply to the RESIDENT, but the PARK may not
require the prospective buyer or the RESIDENT to comply with a rule
adopted or amended after the RESIDENT entered into the rental agreement
which would: (a) significantly increase the difficulty or time involved in
selling the RESIDENT'S home: (b) significantly decreases the price which
the RESIDENT'S home can be sold: or (c) involve any other significant cost
for either the RESIDENT or the buyer. However, if a part of the RESIDENT'S
home or shed is so dilapidated that total replacement is necessary, then the
PARK may require that the replacement comply with a rule that was
adopted after the rental agreement was signed.
18.CHANGES IN THIS LEASE OR THE PARK RULES AND REGULATIONS: The
PARK must give the RESIDENT sixty (60) days written notice of any changes
in this lease or in the PARK'S rules and regulations. All changes, including
rent increases, must be reasonable. Any change which substantially
modifies this lease or a rule and regulation now in force, except a
reasonable rent increase, will not apply to the RESIDENT. The PARK may
make reasonable rent increases, but must not increase the rent more than
twice in any 12 month period. If the PARK agrees to make an exception to a
provision of this lease or the rules and regulations, that agreement will be
in writing.
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19.TERMINATION OF THE LEASE BY THE RESIDENT: Rentals periods under this
lease begin on the first day of the month and end on the last day of the
month. If the RESIDENT wants to end this lease and leave the
manufactured home park, the RESIDENT must notify the PARK in writing
ONE FULL RENTAL PERIOD in advance. This lease and the RESIDENT'S
obligation to pay rent will end one full rental period has passed after the
date of notification-even if the RESIDENT moves out of the manufactured
home park earlier. If the RESIDENT does move from the park before the
lease ends, the RESIDENT must still pay rent through the end of the first full
rental period following the notice. EXCEPT, if a new resident moves into or
rents the lot, then the RESIDENT'S obligation to pay rent ends as soon as
the new resident has moved in or has signed a lease.
20.TERMINATION 0F THE LEASE BY THE PARK-EVICT ION: The PARK can evict
the RESIDENT only by going to court for one of the following reasons:
a. If the RESIDENT does not pay rent or utility charges on time: The
PARK must give the RESIDENT written notice and allow the RESIDENT
ten (10) days to pay the full amount on time. The PARK must also
give written notice to anyone the PARK knows is financing the
RESIDENT'S purchase of the home. If neither the RESIDENT nor the
lender pay the amount due within ten (10) days after receiving the
notice, the PARK may take the RESIDENT to court.
b. If the RESIDENT refuses or fails to obey a law or government
regulation relating to manufactures homes or manufactured home
parks: The PARK must tell the RESIDENT in writing what the
RESIDENT is doing wrong. If the law or regulation gives the RESIDENT
a certain time to obey, then the RESIDENT must obey within that
time. If the law or regulation does not set a specific time limit, then
the RESIDENT must obey within a reasonable amount of time. If the
RESIDENT does not obey within the time allowed, the PARK may go
to court to evict the RESIDENT.
c. If the RESIDENT breaks the terms of this lease or the PARK's rules and
regulations: The PARK must give the RESIDENT written notice of the
problem. The RESIDENT then has 30 days to obey the lease or rules
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and regulations. If the RESIDENT does not obey within thirty (30)
days of getting the notice, the PARK may go to court and evict the
RESIDENT.
d . If the RESIDENT repeatedly violates park rules or the lease or any
laws or ordinances relating to manufactured home parks, and the
PARK has given written notices to the RESIDENT concerning those
violations: The PARK may give the RESIDENT a written warning that
any future violations will be considered cause for eviction. If within
six (6) months of receiving the written warning the RESIDENT again
violates any important provision of park rules or of the lease or a law
or ordinance relating to manufactured home parks, the PARK may
ask the RESIDENT to leave immediately.
. If the RESIDENT does something in the manufactured home park
which endangers the health or safety of other park residents or park
personnel, which seriously damages the manufactured home park or
which substantially annoys other residents: The PARK may give the
RESIDENT a notice to move within thirty (30) days. If the RESIDENT
has not moved out of the PARK at the end of the thirty (30) days, the
PARK may go to court to evict the RESIDENT. If after receiving a
notice to move within thirty (30) days, the RESIDENT again endangers
the health or safety of other park residents or park personnel,
seriously damages the park or substantially annoys other residents,
the PARK may go to court immediately to evict the RESIDENT.
. If all or part of the manufactured home park is going to close: The
PARK must give the RESIDENT nine (9) months written notice. If part
of the PARK will remain open, and a lot is available in the open
section, the RESIDENT has the right to move to that lot unless the
RESIDENT's home, because of the size or local ordinance, is not
compatible with that lot.
. If the PARK intends to make improvements to the manufactured
home park which will significantly benefit the health and safety or
the residents or which has been ordered by a government agency,
and to make those improvements it is necessary to remove the
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RESIDENT's home from the manufactured home park: The PARK
must give the RESIDENT ninety (90) days written notice. If another
lot is available in the PARK, the PARK must allow the RESlDENT to
relocate the home that that lot unless the home, because of its size
or local ordinance, is not compatible with the lot.
h. If the RESIDENT gives false information in the application for tenancy
and the PARK discovers the false information within one (1) year of
the date on which the RESIDENT starts paying rent: The PARK may
ask the RESIDENT to leave immediately.
If the RESIDENT unlawfully allows controlled substances to be
present on the lot: The lease may be immediately terminated. A
controlled substance is a substance which is acquired or controlled in
violation of Minnesota Statue Chapter 152.
l Nothing herein shall prohibit the PARK and RESIDENT from agreeing
to a termination of this lease permitting the RESIDENT to vacate
voluntarily following notice to do so.
21.NO RETALIATION: The PARK must not increase rent, decrease services, or
threaten to evict the RESIDENT in retaliation for:
Making a good-faith complaint to any government agency
responsible for enforcing any law or regulation relating to
manufactured homes or manufactured home parks.
b Making a good-faith attempt to exercise any right guaranteed by
the lease, the park rules and regulations or by any law or government
regulation. If the RESIDENT makes a good-faith complaint to a
government agency or makes a good faith effort to exercise his or
her rights, and the PARK tried to evict the RESIDENT within ninety
(90) days, the PARK must prove in court that it is not trying to evict
the RESIDENT in retaliation.
22. CONDEMNATION: If the manufactured home park or the lot rented by the
RESIDENT are taken by or sold to the government, the PARK may terminate
this lease. The PARK must inform the RESIDENT of the date and
circumstances of the condemnation as soon as the PARK receives definite
information from the government.
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23. RIGHTS AND DUTIES RESERVED: Nothing in this lease or the PARK's rules
and regulations can change or take away any of the rights which either the
PARK or the RESIDENT has under any law, ordinance or other government
regulations. Nothing in this lease or the PARK's rules and regulations can
authorize either the PARK or the RESIDENT to disobey any law, ordinance,
or other government regulation. Failure by the PARK or the RESIDENT to
enforce any right under this lease does not mean that the PARK or the
RESIDENT has waived or given away that right.
24. NOTICES: The RESIDENT may give any notice required by this lease
or the PARK's rules and regulations by personally taking the notice to the
PARK office or by mailing the notice to Daryl Snader, 8417 Bavaria Rd.,
Victoria, MN 55386. The PARK may give any notice required by this lease
or the PARK's rules and regulations by delivering the notice to the
RESIDENT or the RESIDENT's home, by posting the notice on the
RESIDENT's home or by mailing the notice to the RESIDENT at the
RESIDENT's last known address.
25.MODIFICATION OF LEASE: That the PARK has made no promises or
representations except those contained in this agreement, and that this lease
may only be changed in writing, signed and acknowledged by both parties.
26. ATTORNEY'S FEES: In the event the PARK takes the RESIDENT to court
in order to enforce any provision of this lease or to terminate the same and evict
the RESIDENT, the PARK shall be entitled to attorneys' fees incurred in
conjunction with any such said action.
27. JOINT LIABILITY: Each RESIDENT, if there is more than one, agrees to
be individually liable for the total amount of any rent and/or the total amount of
any damages to the PARK, including attorneys' fees assessed in paragraph 26
above, whether or not the individual is personally responsible for the damages.
25-CV-24-684
Filed in District Court
State of Minnesota
4/18/2024 4:35 PM
NOTICE TO CLEAN PROPERTY
MORGAN CAPITAL/ RAASCH RANCH
August 28, 2023
Roman and Cassie Valasek
27 Raasch Ranch
Zumbrota, MN 55992
Dear Tenant:
This letter is to inform you that your leased property at 27 Raasch Ranch in Zumbrota has not
been properly cleaned or maintained and is in violation of Section 10 of your lease agreement.
This notice serves as an official request to correct these issues within 7 days of the date of this
letter. A follow-up inspection will be conducted on September 4, 2023 to ensure the
appropriate corrective action has been taken. Failure to comply with this request will result in,
among other things, payment of damages and/or cleaning services. You may also be served
with a "Notice to Quit" if the issue remains unresolved.
The upkeep and cleanliness of your lot will continue to be an expectation moving forward.
Your prompt attention to this matter is expected and anticipated. Please feel free to contact
me if you have any questions or concerns.
Sincerely,
Daryl Snad
l
Landlord Owner
952-250-8492
of rec ipt of notice:
mgknowiedgemvnt
Signat Date
25-CV-24-684
Filed in District Court
State of Minnesota
4/18/2024 4:35 PM
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25-CV-24-684
Filed in District Court
State of Minnesota
4/18/2024 4:35 PM
Morgan Capital, LLC
8417 BAVARIA ROAD
VICTORIA, MN 55386
952-250-8439
snadertiQggl.com
March 7. 2024
Roman and Cassie Valasek
27 Raasch Ranch
Zumbrota, MN 55992
Re: NOTICE MINN. STAT. § 327009. SUBD. 2: NONPAYMENT OF RENT OR UTILITIES
As of the date of this notice. you owe': $2,290.30. A specific accounting of these amounts is included in the
attached ledger. These amounts will continue to accme per the terms of your lease agreement. The name,
address, and phone number of the person authorized to receive rent and fees on behalf of the Landlord can
be found at the bottom of this notice.
You have the right to seek legal help. lt you can't afford a lawyer. free legal help may be available. Contact
Legal Aid or visit www.LawHelpMN.org to know your tights and find your local Legal Aid office. To apply for
financial help. contact your local county or Tribal social services office, apply online at MNBenefits.mn.gov
or call the United Way toll-free information line by dialing 2-1-1 or 800-543-7709. You can also visit their
website mil: waniw 21 funneda-iay orqv You may also access resources for legal and financial assistance
through the following:
Visit The City of Minneapolis website:
https gwww2 minrieapozsmh resident-sen/mewroperty-housung renters renterrescurces:
Visit The City of St Louis Park website:
https wwww stlcuisoarkmn qowernment'departnierits-diwsronsyhousing rental-aSSIStance
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 governments may have an eviction notice period longer than 14 days.
You may present your defense or defenses that you may have at that time. Persons with disabilities have the
right to request reasonable accommodation to participate in the hearing process. This is your notice that
failure to pay the past due amount by the deadline may result in you being evicted. This notice includes the
10-day period as required by 3270.09, Subd. 2.
By tendering an amount less than the full amount owed. you acknowledge and agree that a partial payment
accepted by Landlord does not waive Landlord's right to recover possession of the premises by filing or
proceeding with an eviction action for the remainder of the amount owed. Acceptance of past. present, or
future rent or other charges shall not be deemed a waiver by Landlord of any past. present. or future breach
of the lease. and shall not waive Landlord's right to recover possession of the premises by filing or proceeding
with an eviction action. This notice does not waive or rescind any prior notice issued by Landlord. and does
not waive Landlord's right to file an eviction action for reasons stated in any prior notice, or for any reason
allowed by the lease and by law.
25-CV-24-684
Preview
25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF GOODHUE FRST JUDICIAL DISTRICT HOUSII'IG COURT Daryl Snader 8417 Bavaria Road Victoria, Minnesota 55386 EVICTION ACTION COMPLAINT Plaintiff, vs. Court File No. Cassie Valzmek; Roman Valasek: John Doe; Jane Doe 27 Raasch Ranch Zumbrota, MN 55992 Defendant(s). My true and correct name is Aisosa Osaretin, I am the Attorney for the Plaintift' in the abovecaptioned proceeding, and I state under oath that the information contained in this Complaint is true and correct to the best of my knowledge: l. Prom"! Information: a. 27 Raasch Ranch Zumbrota, Minnesota 55992 b. The lease does not include a garage or storage unit. 2. About the Parties: a. Plaintiff (Landlord): Daryl Snader b. Defendantgs): Cassie Valasek Roman Valasek 3. Lease Information: a. Leme Start Date December 1, 2021 b. Lease End Date Monthqo-Month c. Monthly Obligation $400.00, due on the first day of the month. 4. Statutogx Compliance: Plaintiff, having present right of possession of said property, has complied with Minn. Stat. § 5048.181: Not less than 30 days before the filing of this action, Defendant(s) knew the name and address of the person authorized to manage the property, and a landlord or agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands because the required information is contained in the lease, and through various communications between the parties. 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM 5. §ubsidies: This tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the Section 8 program, as defined in section 469.002, subdivision 24; the low-income housing tax credit program; or any other similar program. 6. Reason for Eviction: Non-Payment of Rent (50482911327009, subd. 2) Defendant(s) failed to pay rent in full. and as of April 2, 2024. Defendant( s) are in arrears $2,500.00, calculated as follows: Rent and/or Late Fees for November 2023 through April 2024 = $2,500.00 In addition, pursuant to Minn. Stat. § 5048.291, Defendant(s) are required to pay any additional rent then in arrears, plus costs and expenses of $460.00 (includes the court filing fee of $305.00, legal process and service fees of $150.00, and $5.00 in attorney fees), and perform any other covenants of the lease, prior to Defendant(s) redeeming and being restored to possession. Plaintiff does not waive the right to seek collection, payment, or other legal action for any amount(s) not pled above. A pre-eviction notice, attached, was delivered to Defendant(s) pursuant to Minnesota Statute sections 5048.321, subd. la and 327009 subd. 2. Material Lease Violations Defendant(s) have failed to properly maintain the rental lot upon which Defendant(s)'s manufactured home is located in violation of community rule sections IVJ, 2, 3, and 8 (attached) and lease section 10 (attached). Under the rules and lease Defendant(s) have a duty to ensure that their lot is "kept neat and clean at all times" among other requirements. Defendant(s) have failed to keep their lot neat and clean whereas the lot has been found to have excess debris. trash, tools, car parts, and related items strewn about (please see attached pictures). Defendant(s) have been given two notices to clean the lot; one on August 28. 2023 and one on March l4, 2024. Pursuant to section 10 of the lease and Minn. Stat. 327C.09 Subd. 4 Defendant(s) had 30-days to clean the lot after receiving notice to clean it. Defendant(s) have not complied with the lease or statute and the lot remains unkept as of the date of this filing. Defendant(s) conduct is in violation of the lease agreement, allowing this eviction to be commenced pursuant to Minnesota Statute section 327C.09. Pursuant to section 20 of the Lease Agreement, Defendant(s) may be evicted and Plaintiff may recover possession of the land upon which the manufactured home is situated due to Defendant(s) failure to correct the rule violation within 30 days after receiving notice of the violation. 7. Pursuant to Minnesota Statutes section 5048.345, subd. l(a), Plaintiff seeks immediate judgment against the above Defendant(s) for restitution of said premises, and immediate writ of recovery of said premises, plus costs and disbursements herein. Verification and Affidavit of Non Military Status I, Aisosa Osaretin. being sworn/affirmed, state that I am the Plaintiff's Attorney in this action, that l have read the complaint and that it is true to the best of my knowledge; that Defendant(s) islare not now in the military service of the United States, to the best of my 2 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM information and belief. I acknowledge that costs. disbursements. and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes § 549.211. Subd. (2), to the party against whom the allegations in these pleadings are asserted. l declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.l 16. Landlord Resource Network, LLC Dated: April 18. 2024 /s/Aisosa Osareliri Aisosa Osaretin (#0402381) 225 S. 6th Street. Suite 3900 Minneapolis, MN 55402 Phone: 612-314-3177 aisosa@landlordresource.net Attorney for Plaintiff 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM Morgan Capital, LLC Raasch's Ranch 8417 Bavaria Rd. Victoria, MN 55386 952-250-8492 snaderti@aol.com October 24, 2023 To all Raasch's Ranch mobile home park residents: Effective January l, 2024, the park lot rent for Morgan CapilalfRaasc-h Ranch mobile home park will go from $345.00/month to $400.00/month. This reflects an increase of $55.00/month in park rent. We are doing our best to keep the park rent manageable for our tenants ~ while simultaneously addressing the rapidly rising costs of running the park (examples of this are: large tax increases and large insurance increases this year). While expenses have increased significantly, we are managing to keep the rent below the comparable rent in your area. Our goal continues to be to support a safe and appealing neighborhood for you to call home. Sincerely, Daryl and Tracy Snader Morgan Capital, LLC 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM NOTICE TO CLEAN PROPERTY 2nd NOTICE MORGAN CAPITAL/ RAASCH RANCH March 14, 2024 Roman and Cassie Valasek 27 Raasch Ranch Zumbrota, MN 55992 Dear Tenant: This letter is to inform you that your leased property at 27 Raasch Ranch in Zumbrota has not been properly cleaned or maintained and is in violation of Section 10 of your lease agreement. This notice serves as an official request to correct these issues within 7 clays of the date of this letter. A follow-up inspection will be conducted on March 21, 2024 to ensure the appropriate corrective action has been taken. Failure to comply with this request will result in, among other things, payment of damages and/or cleaning services. You may also be served with a "Notice to Quit" if the issue remains unresolved. The upkeep and cleanliness of your lot will continue to be an expectation moving forward. Your prompt attention to this matter is expected and anticipated. Please feel free to contact me if you have any questions or concerns. Sincerely, Galen Warnke Park Manager Tenant acknowledgement of receipt of notice: Signature Date 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM MANUFACTURED HOME LOT LEASE AGREEMENT Raasch's Ranch / Morgan Capital, LLC TO THE RESIDENT: This lease is binding legal document. By signing it you and a the PARK agree to be bound by everything it contains. You also agree to follow any reasonable rules and regulations the PARK has in effect when you sign the lease and after they are validly amended. Those rules and regulations are as binding as this lease. Before you sign this lease, make sure you understand both it and the rules and regulations. After you sign, ask for and keep a copy of this lease and the rule and regulations. 1. DEFINITIONS: In this lease "PARK" means the owner of Raasch's Ranch manufactured mobile home park and anybody working for the owner or acting on the owner's behalf. "RESIDENT" means the adults who have signed this lease and anybody living with those adults. 2. RENTAL OF LOT: By this lease the RESIDENT rents from the PARK from month to month. Lot ll 27 , located at Raasch's Ranch in Zumbrota, MN. The lot is rented for the RESIDENT'S manufactured home: Make: Model: Year: Serial #z Length: Width: This home is being financed by: In addition to the lot, the PARK agrees to provide the RESIDENT with the following services, facilities and personal property 3. AUTHORITY TO MANAGE AND RECEIVE NOTICE: Galen Warnke ls authorized to manage the PARK. Galen Warnke is authorized to accept services of process and receive and give receipt for notices and demands. 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM 4. RENT: The RESIDENT must pay the following charges each month as lot rent: Basic Lot Rental Fee Extra fee for larger lot, more desirable location, pets or special services or facilities other than utilities (itemize) (a) $345.00 (Three hundred Forty-Five Dollars) (b) (C) Total Monthly Rent $345.00 Rent increase effective 01.01.2024 - 96 is still to be determined as of 09.18.23 The resident must pay the total monthly rent on or before the first day of each month at the drop box in the park. If the RESIDENT asks for a rent receipt, the PARK must provide one. If the RESIDENT does not pay the rent before the fifth of the month, the PARK may charge a reasonable late fee of: $25.00 5. UTILITIES: The PARK will provide the RESIDENT with the following utility services at no charge: trash The PARK will provide N/A (gas, electricity, fuel oil, etc.) and charge the RESIDENT N/A 6. INSTALLING OR REMOVING THE MANUFACTURED HOME: The RESIDENT must give the PARK written notice 48 hours before the RESIDENT moves a home either in or out of the PARK. (THIS NOTICE IS DIFFERENT FROM THE NOTICE THE RESIDENT MUST GIVE TO TERMINATE THIS LEASE AND END HIS 0R HER OBLIGATION T0 PAY RENT. READ PARAGRAPH 19 OF THIS LEASE). The PARK has the right to supervise the installation or removal of the RESIDENTS home. The PARK may give the RESIDENT reasonable instructions concerning installation or removal in order to protect the PARK's facilities or safeguard the the homes of other residents. The 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM RESIDENT must comply with these reasonable instructions. The PARK must not require the RESIDENT to use the PARK service's when the RESIDENT moves the home in or out of the mobile home manufactured park, unless the park provides those services without charge. If the park and the RESIDENT agree to have the park install or remove the manufactured home, that agreement must be in writing, must state the price, if any, for the services and must be signed by the PARK and the RESIDENT. 7. SECURITY DEPOSIT: Before beginning to live in the manufactured home park, the RESIDENT must pay the PARK $250.00 as a security deposit. The PARK must give the RESIDENT a written receipt for the deposit. When the RESIDENT moves from the manufactured home park, the RESIDENT will give the PARK a forwarding address. Within 3 weeks of receiving the address, the PARK must either: -refund the RESIDENT'S security deposit plus interest as the law may require, or -write the RESIDENT stating that the PARK is keeping some or all of the deposit and explaining why. The PARK will keep the security money only if the RESIDENT still owed the PARK money, has moved out owing rent or if the RESIDENT has damaged the PARK's property. The PARK must not hold the RESIDENT responsible for wear and tear. 8. USE 0F THE LOT: The RESIDENT must use the lot only for residential purposes. The RESIDENT must not build improvements on the lot or put a different home on the lot unless the park first agrees in writing. 9. AUTOMOBILES: The RESIDENT must register with the park office all automobiles regularly kept in the manufactured home park. 10. Lot Maintenance and Common Areas: The PARK must maintain the streets and common areas of the manufactured home park and must obey all health, safety and building code regulations which apply to the manufactured home park. The RESIDENT must obey the PARK'S reasonable Rules and Regulations about lot maintenance and about common areas, such as streets and playgrounds. If the RESIDENT does not meet the conditions imposed on the use of common areas, such as parking 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM restrictions or if the RESIDENT fails to do lot maintenance work required by this lease or by the PARK rules and regulations, such as cutting grass, removing the garbage or debris, or clearing snow from sidewalks, the PARK may tell the RESIDENT in writing that the work must be done by a reasonable deadline. If the RESIDENT does not do the work by the deadline, the PARK may do the work for the RESIDENT. The PARK may then charge the RESIDENT for the reasonable costs of doing the work plus $10. The PARK must give the RESIDENT an itemized bill which states a deadline for its payment. The deadline must be thirty (30) days after the PARK gives the bill to the RESIDENT and after said thirty (30) days has passed the unpaid balance shall be deemed additional rent hereunder. 11.EMERGENCY WORK: If the RESIDENT's failure to do maintenance work or to meet the conditions imposed on the use of common areas causes an immediate danger to the PARK facilities or to the health or safety of other resident's, the PARK may give the RESIDENT written notice to do the necessary work immediately. If the RESIDENT does not do the work immediately, the PARK may do the work and charge the reasonable costs to the RESIDENT. If it is not possible or practical to give written notice and if immediate maintenance is essential, the PARK may do the emergency work without giving notice and may charge the reasonable costs to the RESIDENT. The PARK must give notice of charges for emergency work to the RESIDENT and in an itemized bill which states a deadline for payment. The PARK must give notice of charges for costs to the RESIDENT. The deadline must be thirty (30) days after the PARK gives the bill to the RESIDENT and after said thirty (30) days has passed the unpaid balance shall be deemed additional rent due hereunder. 12.PR|VACY: The PARK must not come into the RESIDENT'S manufactured home except if invited, or if it is necessary to respond to an emergency or prevent damage to the manufactured mobile home park. The PARK may come onto the RESIDENT'S lot only by invitation or to inspect the lot, make necessary and agreed upon goods or services, or to show the lot to prospective or actual buyers, residents, workers, contractors, or morgagees. 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM 13.PERSONAL PROPERTY: The PARK is not responsible for damage to the RESIDENT'S property unless the PARK causes the damage. The PARK is not responsible for any damage to the RESIDENT'S property due to the interruption of service by any public utility. The PARK is not responsible for any damages to the manufactured home or its contents due to vandalism, burglary, or similar causes or similar acts by third parties. 14.5TORAGE AREA: Before storing any property in the PARK'S storage area, the RESIDENT must register the property with the park and show the PARK in writing either that the property is insured or that the property has no insurable value. The rules and regulations explain what types of property may be placed in the storage area. 15.PROPERTY LEFT BEHIND: If the RESIDENT leaves the park and abandons his or her personal property (including the manufactured home), the PARK may remove the property and store it. If the PARK does store the property, the RESIDENT is responsible for the reasonable costs involved. Sixty (60) days after it reasonably appears that the RESIDENT has abandoned the property, the PARK may sell the property. The PARK must make a reasonable effort to notify the RESIDENT by certified mail and by posting a notice in the park at least fourteen (14) days before the sale. The PARK may use the money it gets from the sale to pay reasonable costs involved in removing or storing the property and to pay any claims the PARK has against the RESIDENT for non-payment of rent or for the damage to park facilities. If there is money left over, and the RESIDENT makes a written request to the PARK, the PARK must return the remaining money to the RESIDENT. If any time before the sale, the RESIDENT demands in writing that the PARK return the property, and the property is on the park grounds, the PARK must allow the RESIDENT to get the property within 24 hours. If the property is stored elsewhere, the PARK must allow the RESIDENT to get the property within 48 hours, not counting weekends and holidays. For purposes of this section, the manufactured home may be "stored" on the lot upon which it was abandoned. 16.5UBLETTING: The RESIDENT must not sublet or assign this lease or the lot to anybody without the PARK'S written permission. The RESIDENT does not 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM have to inform the PARK of overnight visitors or other short-term guests who stay less than 3 nights in a seven day period. But if any adult comes to live or stay regularly with the RESIDENT after this lease is signed, the RESIDENT must have the adult come to the PARK office to apply to become a resident and to sign this lease. Unless the PARK has a good reason not to do so, the PARK must accept the application and allow the adult to sign the lease. The PARK must not reject any application for any reason prohibited by federal, state, and local law. The PARK must not apply to stricter standards to the applicant than the PARK applies to other prospective residents. If the PARK rejects an applicant and the applicant asks for a written explanation of the PARK'S decision, the PARK must within three days give the applicant a written statement of the reasons. 17.SALE 0F THE TENANT'S MANUFACTURED HOME: The RESIDENT has the right to sell the home and have the home remain in the park after the sale. The RESIDENT must give a completed copy of the manufactured home safety feature disclosure form to all prospective buyers prior to the sale of the home. The PARK must not charge any fee to the RESIDENT for allowing the RESIDENT to sell the home within the PARK. The park must not require the RESIDENT to sell the home to the PARK or use the PARK'S services to arrange the sale of the home. If the home is going to remain in the manufactured home park, the PARK has the right to approve the buyer as a resident, and to charge a fee up to $25 for processing a prospective buyers' application for residency. However, the PARK must comply with these requirements in processing a prospective buyers application: (a) If the PARK requires a prospective buyer to apply in person or to be interviewed in person, the PARK must be available to meet with the prospective buyer at reasonable times; (b) the Park must decide whether to accept or deny the buyer within 14 days of receiving a completed application unless the PARK gives the buyer and the RESIDENT a written explanation of the reasons for the delay and then makes a decision as soon as practicable; (c) the PARK must have a written explanation for the way it decided to approve or deny buyers and the PARK must make copies of the explanation available without charge; (d) The policies for approval and rejection must 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM be reasonable and must be applied equally to all applicants; (e) the PARK must not use any stricter standards for approving a prospective buyer than the PARK uses for approving other prospective residents. In addition, if the PARK denies a buyers application: (a) The denial must be reasonable; (b) The denial must not be based on a reason which is prohibited by federal, state of local law; and (c) the PARK must give the buyer a written explanation for the denial if the buyer asks for one. Before approving the buyer, the PARK may inspect the RESIDENT'S lot and the outside of the RESIDENT'S manufactured home to see whether the lot and the home meet reasonable PARK rules and regulations relating to maintenance. The PARK must not charge any fee for this inspection. The PARK may require the prospective buyer to agree to rules which are different from those that apply to the RESIDENT, but the PARK may not require the prospective buyer or the RESIDENT to comply with a rule adopted or amended after the RESIDENT entered into the rental agreement which would: (a) significantly increase the difficulty or time involved in selling the RESIDENT'S home: (b) significantly decreases the price which the RESIDENT'S home can be sold: or (c) involve any other significant cost for either the RESIDENT or the buyer. However, if a part of the RESIDENT'S home or shed is so dilapidated that total replacement is necessary, then the PARK may require that the replacement comply with a rule that was adopted after the rental agreement was signed. 18.CHANGES IN THIS LEASE OR THE PARK RULES AND REGULATIONS: The PARK must give the RESIDENT sixty (60) days written notice of any changes in this lease or in the PARK'S rules and regulations. All changes, including rent increases, must be reasonable. Any change which substantially modifies this lease or a rule and regulation now in force, except a reasonable rent increase, will not apply to the RESIDENT. The PARK may make reasonable rent increases, but must not increase the rent more than twice in any 12 month period. If the PARK agrees to make an exception to a provision of this lease or the rules and regulations, that agreement will be in writing. 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM 19.TERMINATION OF THE LEASE BY THE RESIDENT: Rentals periods under this lease begin on the first day of the month and end on the last day of the month. If the RESIDENT wants to end this lease and leave the manufactured home park, the RESIDENT must notify the PARK in writing ONE FULL RENTAL PERIOD in advance. This lease and the RESIDENT'S obligation to pay rent will end one full rental period has passed after the date of notification-even if the RESIDENT moves out of the manufactured home park earlier. If the RESIDENT does move from the park before the lease ends, the RESIDENT must still pay rent through the end of the first full rental period following the notice. EXCEPT, if a new resident moves into or rents the lot, then the RESIDENT'S obligation to pay rent ends as soon as the new resident has moved in or has signed a lease. 20.TERMINATION 0F THE LEASE BY THE PARK-EVICT ION: The PARK can evict the RESIDENT only by going to court for one of the following reasons: a. If the RESIDENT does not pay rent or utility charges on time: The PARK must give the RESIDENT written notice and allow the RESIDENT ten (10) days to pay the full amount on time. The PARK must also give written notice to anyone the PARK knows is financing the RESIDENT'S purchase of the home. If neither the RESIDENT nor the lender pay the amount due within ten (10) days after receiving the notice, the PARK may take the RESIDENT to court. b. If the RESIDENT refuses or fails to obey a law or government regulation relating to manufactures homes or manufactured home parks: The PARK must tell the RESIDENT in writing what the RESIDENT is doing wrong. If the law or regulation gives the RESIDENT a certain time to obey, then the RESIDENT must obey within that time. If the law or regulation does not set a specific time limit, then the RESIDENT must obey within a reasonable amount of time. If the RESIDENT does not obey within the time allowed, the PARK may go to court to evict the RESIDENT. c. If the RESIDENT breaks the terms of this lease or the PARK's rules and regulations: The PARK must give the RESIDENT written notice of the problem. The RESIDENT then has 30 days to obey the lease or rules 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM and regulations. If the RESIDENT does not obey within thirty (30) days of getting the notice, the PARK may go to court and evict the RESIDENT. d . If the RESIDENT repeatedly violates park rules or the lease or any laws or ordinances relating to manufactured home parks, and the PARK has given written notices to the RESIDENT concerning those violations: The PARK may give the RESIDENT a written warning that any future violations will be considered cause for eviction. If within six (6) months of receiving the written warning the RESIDENT again violates any important provision of park rules or of the lease or a law or ordinance relating to manufactured home parks, the PARK may ask the RESIDENT to leave immediately. . If the RESIDENT does something in the manufactured home park which endangers the health or safety of other park residents or park personnel, which seriously damages the manufactured home park or which substantially annoys other residents: The PARK may give the RESIDENT a notice to move within thirty (30) days. If the RESIDENT has not moved out of the PARK at the end of the thirty (30) days, the PARK may go to court to evict the RESIDENT. If after receiving a notice to move within thirty (30) days, the RESIDENT again endangers the health or safety of other park residents or park personnel, seriously damages the park or substantially annoys other residents, the PARK may go to court immediately to evict the RESIDENT. . If all or part of the manufactured home park is going to close: The PARK must give the RESIDENT nine (9) months written notice. If part of the PARK will remain open, and a lot is available in the open section, the RESIDENT has the right to move to that lot unless the RESIDENT's home, because of the size or local ordinance, is not compatible with that lot. . If the PARK intends to make improvements to the manufactured home park which will significantly benefit the health and safety or the residents or which has been ordered by a government agency, and to make those improvements it is necessary to remove the 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM RESIDENT's home from the manufactured home park: The PARK must give the RESIDENT ninety (90) days written notice. If another lot is available in the PARK, the PARK must allow the RESlDENT to relocate the home that that lot unless the home, because of its size or local ordinance, is not compatible with the lot. h. If the RESIDENT gives false information in the application for tenancy and the PARK discovers the false information within one (1) year of the date on which the RESIDENT starts paying rent: The PARK may ask the RESIDENT to leave immediately. If the RESIDENT unlawfully allows controlled substances to be present on the lot: The lease may be immediately terminated. A controlled substance is a substance which is acquired or controlled in violation of Minnesota Statue Chapter 152. l Nothing herein shall prohibit the PARK and RESIDENT from agreeing to a termination of this lease permitting the RESIDENT to vacate voluntarily following notice to do so. 21.NO RETALIATION: The PARK must not increase rent, decrease services, or threaten to evict the RESIDENT in retaliation for: Making a good-faith complaint to any government agency responsible for enforcing any law or regulation relating to manufactured homes or manufactured home parks. b Making a good-faith attempt to exercise any right guaranteed by the lease, the park rules and regulations or by any law or government regulation. If the RESIDENT makes a good-faith complaint to a government agency or makes a good faith effort to exercise his or her rights, and the PARK tried to evict the RESIDENT within ninety (90) days, the PARK must prove in court that it is not trying to evict the RESIDENT in retaliation. 22. CONDEMNATION: If the manufactured home park or the lot rented by the RESIDENT are taken by or sold to the government, the PARK may terminate this lease. The PARK must inform the RESIDENT of the date and circumstances of the condemnation as soon as the PARK receives definite information from the government. 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM 23. RIGHTS AND DUTIES RESERVED: Nothing in this lease or the PARK's rules and regulations can change or take away any of the rights which either the PARK or the RESIDENT has under any law, ordinance or other government regulations. Nothing in this lease or the PARK's rules and regulations can authorize either the PARK or the RESIDENT to disobey any law, ordinance, or other government regulation. Failure by the PARK or the RESIDENT to enforce any right under this lease does not mean that the PARK or the RESIDENT has waived or given away that right. 24. NOTICES: The RESIDENT may give any notice required by this lease or the PARK's rules and regulations by personally taking the notice to the PARK office or by mailing the notice to Daryl Snader, 8417 Bavaria Rd., Victoria, MN 55386. The PARK may give any notice required by this lease or the PARK's rules and regulations by delivering the notice to the RESIDENT or the RESIDENT's home, by posting the notice on the RESIDENT's home or by mailing the notice to the RESIDENT at the RESIDENT's last known address. 25.MODIFICATION OF LEASE: That the PARK has made no promises or representations except those contained in this agreement, and that this lease may only be changed in writing, signed and acknowledged by both parties. 26. ATTORNEY'S FEES: In the event the PARK takes the RESIDENT to court in order to enforce any provision of this lease or to terminate the same and evict the RESIDENT, the PARK shall be entitled to attorneys' fees incurred in conjunction with any such said action. 27. JOINT LIABILITY: Each RESIDENT, if there is more than one, agrees to be individually liable for the total amount of any rent and/or the total amount of any damages to the PARK, including attorneys' fees assessed in paragraph 26 above, whether or not the individual is personally responsible for the damages. 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM NOTICE TO CLEAN PROPERTY MORGAN CAPITAL/ RAASCH RANCH August 28, 2023 Roman and Cassie Valasek 27 Raasch Ranch Zumbrota, MN 55992 Dear Tenant: This letter is to inform you that your leased property at 27 Raasch Ranch in Zumbrota has not been properly cleaned or maintained and is in violation of Section 10 of your lease agreement. This notice serves as an official request to correct these issues within 7 days of the date of this letter. A follow-up inspection will be conducted on September 4, 2023 to ensure the appropriate corrective action has been taken. Failure to comply with this request will result in, among other things, payment of damages and/or cleaning services. You may also be served with a "Notice to Quit" if the issue remains unresolved. The upkeep and cleanliness of your lot will continue to be an expectation moving forward. Your prompt attention to this matter is expected and anticipated. Please feel free to contact me if you have any questions or concerns. Sincerely, Daryl Snad l Landlord Owner 952-250-8492 of rec ipt of notice: mgknowiedgemvnt Signat Date 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM hatchback "Elston MN Rules and Regulation: 111/3010 Leah Marx. Park Manager Date )' (LU/M Resident / 5? \Q'Mf" Date Resident Date 25-CV-24-684 81" any noise: re Filed in District Court "1'3 IbePARK sruleundregulauombt State of Minnesota delucnng the mm,0th": RESIDENT or "'9 RESIDENT 5 home by postmg thenohce 4/18/2024 4:35 PM on the RESHDENT's Wham noboe lo the RESIDENT at the RESIDENI'; 183! known eddies: LEASE: That "'9 PARK has made no set or ,'"°"", be changed represclftitions «2:23:17: :3n[311?in m km may only - , . . Ind that this to and écm"'ledgcd b)' bo [1ft:smcm "11112:, 531°}? "RN," 3 "$138: In the mm the max takes the RESIDENT to com in order more?" , \TSlOfl Mm" "use or to Wu- the same and evict thesucRES IDENT. the h said action. PARK shall llcd '0 *"Iomcys' rces incuncd in conjunction mth m)' to be 27 101%! L! ABluTy; Each RESIDENT. if there is more than one, agrees to the 0" unt ofan3' daumges human," . l' bl amount ofatt)' mm and/or the Iota] amo l is PARK ' 1 assessed m myaph 26 .bow' 'udliangcag"M's"3:8cc: imfl ' 0' am the ind"he" i . \1 'dm mil) " responsible for: the damageISs. SE BEFORE YOU SIGN IT. 28' TURES READ TH LEA SIGNA "MW RESIDENT Balm 7W4 RESIDENI SIGNATURE POSITION RECEIPT; ' oflhe I. "khaveteceivedaodmdloom ' ' Notice" re state law. "Im RESHDENT gm IPT: RESDEN'I TION m'ofmis LWEbnwrecet't/edandreada lease. RESIDENT %fl{ ZM/(d flé RESIDENT tured Housing Association It 13 by the Minnesota Manufac This lens: has been appmved s. It shall not be altered. fat the sole use ofits current member conununitie 25-CV-24-684 Filed in District Court State of Minnesota 4/18/2024 4:35 PM Morgan Capital, LLC 8417 BAVARIA ROAD VICTORIA, MN 55386 952-250-8439 snadertiQggl.com March 7. 2024 Roman and Cassie Valasek 27 Raasch Ranch Zumbrota, MN 55992 Re: NOTICE MINN. STAT. § 327009. SUBD. 2: NONPAYMENT OF RENT OR UTILITIES As of the date of this notice. you owe': $2,290.30. A specific accounting of these amounts is included in the attached ledger. These amounts will continue to accme per the terms of your lease agreement. The name, address, and phone number of the person authorized to receive rent and fees on behalf of the Landlord can be found at the bottom of this notice. You have the right to seek legal help. lt you can't afford a lawyer. free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org to know your tights and find your local Legal Aid office. To apply for financial help. contact your local county or Tribal social services office, apply online at MNBenefits.mn.gov or call the United Way toll-free information line by dialing 2-1-1 or 800-543-7709. You can also visit their website mil: waniw 21 funneda-iay orqv You may also access resources for legal and financial assistance through the following: Visit The City of Minneapolis website: https gwww2 minrieapozsmh resident-sen/mewroperty-housung renters renterrescurces: Visit The City of St Louis Park website: https wwww stlcuisoarkmn qowernment'departnierits-diwsronsyhousing rental-aSSIStance 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 governments may have an eviction notice period longer than 14 days. You may present your defense or defenses that you may have at that time. Persons with disabilities have the right to request reasonable accommodation to participate in the hearing process. This is your notice that failure to pay the past due amount by the deadline may result in you being evicted. This notice includes the 10-day period as required by 3270.09, Subd. 2. By tendering an amount less than the full amount owed. you acknowledge and agree that a partial payment accepted by Landlord does not waive Landlord's right to recover possession of the premises by filing or proceeding with an eviction action for the remainder of the amount owed. Acceptance of past. present, or future rent or other charges shall not be deemed a waiver by Landlord of any past. present. or future breach of the lease. and shall not waive Landlord's right to recover possession of the premises by filing or proceeding with an eviction action. This notice does not waive or rescind any prior notice issued by Landlord. and does not waive Landlord's right to file an eviction action for reasons stated in any prior notice, or for any reason allowed by the lease and by law. 25-CV-24-684