Preview
27-CV-HC-24-2684
Filed in District Court
State of Minnesota
4/26/2024 12:02 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: HOUSING
Northstar Residential, LLC,
Plaintiff, COMPLAINT
vs.
Colerena Doe (dob 3/31/1995),
John Doe, Jane Doe,
Defendant.
Parties
1. Plaintiff is Northstar Residential, LLC. Plaintiff is a Landlord as that term is defined
in Minn. Stat. § 504B.001, Subd. 7.
2. Defendant is Colerena Doe. Defendant is a Residential Tenant as that term is defined
in Minn. Stat. § 504B.001, Subd. 12.
The Lease
3. There is a written lease between the parties and it is attached to the Complaint as
Exhibit A.
4. The address of the property in the Lease is 17520 96th Avenue North, in the City of
Maple Grove, County of Hennepin, State of Minnesota, Zip Code 55311.
5. The tenancy is affected by the low income housing tax credit program and is
administered by Minnesota Housing.
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27-CV-HC-24-2684
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Conditions Precedent
6. All necessary conditions precedent have been performed or have occurred.
7. Plaintiff has complied with Minn. Stat. § 504B.181 by:
a. disclosing to tenant either in the rental agreement or otherwise in writing prior
to the beginning of the tenancy the name and address of: 1) the person authorized
to manage premises; and 2) an owner or agent authorized by owner to accept
service of process and receive and give receipts for notice and demands, AND
b. posting in a conspicuous place on the property a printed or typewritten notice
containing the above information in the lease, OR
c. the above information is known by or has been disclosed to the tenant not less
than 30 days before the filing of this action because of communications from
landlord.
Count 1: Eviction – Non-payment
8. A detailed, itemized accounting or statement listing the amounts owing is attached to
this Complaint as Exhibit B.
9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly
delivered. That notice is attached to this Complaint as Exhibit C.
10. In addition to the arrearages identified in the immediately preceding paragraphs,
pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored
to possession, Defendant(s) may be required to pay to the landlord or bring to court
the amount of the rent that is in arrears, with interest, costs of the action, and an
attorney’s fee not to exceed $5, and by performing any other covenants of the lease –
including amounts that become due during the pendency of this action.
11. The total amount required to redeem the tenancy is $1,784.00 + $377.00 (costs of the
action – filing fee and service fee) for a total of $2,161.00, plus any additional
amounts, or other covenants of the lease which may become due after the date of the
complaint. The amount pled only includes amounts necessary to redeem per Minn.
Stat. § 504B.291 as of the date of the Complaint and may not include all money owing
under the lease.
12. Defendants’ military status is unknown.
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27-CV-HC-24-2684
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State of Minnesota
4/26/2024 12:02 PM
Request for Relief
1. Plaintiff seeks judgment against Defendant and an Order for possession of the
property and the issuance of an immediate Writ of Recovery.
2. Plaintiff seeks all allowable costs and disbursements of the action.
I declare under penalty of perjury that everything I have stated in this document is true and
correct to the best of my knowledge and belief. Minn. Stat. § 358.116.
Dated: April 26, 2024 HANBERY & TURNER, P.A.
/s/ Douglass E. Turner
Douglass E. Turner, #0279948
33 South 6th St. Suite 4160
Minneapolis, MN 55402
Tele: (612) 353-4388
EM: hnc@hnclaw.com
Attorney for Plaintiff
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27-CV-HC-24-2684
Filed in District Court
State of Minnesota
4/26/2024 12:02 PM
LEASE RENEWAL AGREEMENT
Project Name: Manic Ridge Townhomcs
Residents: Landlord: Northstar Residential
Colerena Doe
Address: 12708 Wayzata Blvd #450
Minnetonka, MN 55305
Renewal Commencement Date 05/01/2024
Renewal Termination Date 04/30/2025
Townhome #17520
Deposits Rent (monthly)
Security $1.433.00 Apartment $1.663.00
RECITALS
A.
The above named Tenant(s) and Landlord are parties to the Lease made the 8'*= dav of May.. 2020
having a term which began on the J^day of . 2020 and ends on the 30'*’ dav of April. 2021 on
Apartment gj..7520 at Maple Ridge Townhomes (hereinafter referred to as the '^Initial Lease”). If
applicable: The Initial Lease was renewed on P'dav ofMav. 2021 for an additional term of J2
months.
B. The Parties desire to renew the initial Lease for an additional term of 12 months.
COVENANTS
Now, therefore, in consideration of the rent to be paid by Tenant and of the other covenants, agreements and conditions
contained in the initial Lease, subsequent Renewal .Agreements and this Lease Renewal Agreement, the parties hereto
agree as follows:
1.
Landlord does hereby lease to Tenant, in the City of Maple Grove, Countyof Hennepin,State of MN to be used
and occupied by Tenant(s) and immediate family as a private residence, and for no other purpose, for the
renewal beginning at 12:00 noon on the 1“ day ofMav , 2024 and ending at 12:00 noon on the 30"’ day of April.
2025 (the Renewal Term).
2.
Tenant docs hereby lease the .Apartment for the Renewal Term and promises to pay Landlord, its
representatives and assignees, as rental for the Apartment the sum ofS 1.663.00 per month, payable in
advance on the !‘' day of each month during Renewal Term. Time and Date of rent payment is of the essence,
and Tenant shall pay a late charge of 8% if rent is received after 4 p.m. on the S'** of the month. Said late charge
shall not be construed to relieve Tenant of any obligations for timely payment of rent. S30.00 shall also be
charged for any check returned due to insufficient funds. No further checks would then be allowed.
3.
●All other provisions of the initial lease, including the guaranty and all attachments thereto are by this reference
incorporated herein and shall remain in effect, except for the following amendment(s): State “None” if
Applicable)
LANDLORD
<6 BY: Northstar Residential
M i n n eton ka^JVI i)i 55305
Date:
Dated
V erbal commitments will not be honored, any variance from the initial lease or the lease renewal agreement mu.st be in
i
writing and approved by landlord.
EXHIBIT A
27-CV-HC-24-2684
Filed in District Court
State of Minnesota
4/26/2024 12:02 PM
LEASE RENEWAL AGREEMENT
Project Name; Maple Ridge Townhomes
Residents: Landlord: Northsfar Residential
Colerena Doc
Address: 12708 VVayzata Blvd #450
Minnetonka, MN 55305
Renewal Commencement Date 05/01/2023
Renewal Termination Date 04/30/2024
Tovvnhome #17520
Deposits Rent (monthly)
Security $1.433.00 Apartment $1,584.00
RECITALS
A.
The above mimed Tfnant(s) and Landlord are parties to the Lease made the 8'^ dav of Ma^.. 20^
having a term which began on the XlLday of . 2020_ an33.00
Actual Date of Move-In: May 8.2020
Lease Expires: Apni 30.2021
Prorate $_M0^ Leasi^Begin^enev« (circle one):(atOS/O8/202Q (Date) for 12
nocT! on that last day of monfli)
months.
Monthly Rental Payment ofS 1.433 CO is to be paid in full on or before the first day 0* each month by one check cs" money order.
Other Monthly Charges: S for-
Other Monthly Chai’ges: S for-
Total Monthly Rent S 1.433.00
Service charges: All late fees and service charges can arxi will be
withheld from security deposit if not paid upon move-out
●Late Charge if total rent and ail charges due are not paid in full by 4:GC p,m, on the 5th day of the month 8% of the overdue rent,
“Return check charge $ 30 plus money orders subsequent to this occurring
●Re-rental Agreement Fee {if any) 5 1 o'-'' niontns rent which eve? is greater
Notice Penod. The notice period is hvo full and complete calendar months on or before the last day of the existing Lease. Notice is to be received by
Management office in writing unless indicated otherwise herein.
Utilities included in rent: Heat X Water Gas * Garbage Electricity
Utilities paid separately to Resident: « Heat Watei X Gas Garbag^ ^ Electricity
Additional agreements (see Community Handbook )
Garage storage policy CTH. Data Privacy. Key Agreemem Lease Rider, Water Usage Tax Credit Adcerdum, Garage .Addendum VAWA
HUD 5380 and 5382 Community HandbooK. Cnme Free Lease Addendum. Care & Mair^tertance of your Rental Unit
Management (acting as agent for owner of the premises) ano Resident agree and acknowledge to the terms of this Lease as written both aoove and below
these signatures and on any attachments tha: may be part of this Lease, specrfically. the pointed Community Handbook and any Rules and Regulabons
printed on the reverse side of the application, damage deposit, etc, residents are jointly responsive for all terms and conditions of this Lease. This
signed receipt or acknowledgment is pnma faae evidence that the tenant has received a copy^ of the Handbook.
Management: Northstar Residential. LLC (Agent for Owner) By:wEi Date; 5l 113090
Reside
By: Date. bS [O'1-j IcIC gy Date:
By:, Date By: Date
Lead disclosure; The community was constructed prior to 1978 anc l/we received Lead Disdosure and Pamphlet
0 not constructed prior to 1978.
The following is required by Minnesota Statutes. Section 504B.181
The Company authorized to manage these premises and authorized to accept service of process and receive and give receipts for notices and demands
is:
NQrthstarResidential.LLC.l2708WavzataBlvd#450.Minnetonka.MN55305 .TeleDhone952-544-Q331
TERMS OF THIS LEASE:
1. Payment: Resident will pay the full monthly rent before midnight of the first day of each month while this Lease is in effect and during any extensions or
renewals of this Lease. Rent will be p^aid as required.
2, V'/ho is responsible for rent: Each Resident is individually responsible for paying the full amount of rent and any other money owed.
3. Duty to pay rent after eviction. If Resident is evicted because Resident violated a term of this Lease, Residentmust still pay the full monthly rent
until a) the Unit is rg-rented. bj the date of this Lease ends; or c) if the Lease is month-to-month, the next notice period ends. If the Unit is re-rented for
less than the rent due under this Lease, Resident will be responsible for the difference until the date this Lease ends or. if the Lease is
month-to-month, until the end of the next notice period,
4. Late rent service fee, returned check fee and electronic fund authonzation; Resident will pay the late charge(s) listed above if Residentdoes not
pay the full monthly rent and any other charges or fees on the date due. Resident will also pay a fee for any check returned as nonpayment by a bank for
any reason. If a check is returned as nonpayment. Management may require Resident to pay rent in the form of a money order, cashier's check or
automatic bank transfer thereafter. Vifrien you provide a check as payment you authonze Management to use information from the check to make
27-CV-HC-24-2684
Filed in District Court
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4/26/2024 12:02 PM
a one Sme electroric fund transfer from ycjr account, or to process the payment as a check transaction If your payment is returned unpaid, you
authorize Management to collect a return check charge as staled above from your account. V^en payments are made, any owing balance on
Resident's ledger from pnor month(sl wil! be paid first and then rent vwll be paid, sometimes leaving rent owing in cases where tne payment made is
less than the balance on the ledger. Late fees will accrue on any balance left over after payments are made.
5, Occupancy and use: Only the persons listed above as Residents may live m the Apartment plus any minor cNIdren bom or legally adopted by Resident during
the term o: the Agremienl No othe'- persons may live, use or requiarly’stay at the Apartment without the pior written consent of Management. The Apartment,
common areas, and utilities are for normal residentai use only. Any and all business orcommercia use is strictly prohibited.
6. Guest restrictions: If any of Resident’s guests poses, or is reasonably believed to pose, a danger to or interfere with the health, safety or morals
of other residents or the employees and agents of Management, or disrupts the quiet enjoyment of the community, or interferes with Management
or Management's agents. Management reserves the right to exclude Resident s guests from the community by grang such guest a trespass notice
and advising Resident that such guest is no longer permitted in Resident's home or in the community. Guests subject to receiving trespass notice
include previous tenants who have been evicted or asked to leave the community, persons wth a history of convictions for crimes against persons
or drug offenses, persons who ha\« previously broken the Lease or rules in tne Community Handbook or the conditions of Resident's Lease.
Management will cooperate v,fith local law enforcement if asked to exdude certain individuals from the residential community.
7. Disturbances and excess traffic: individual units in the rental community are to be used exclusively for residential purposes. All business and
commeraa! uses are prohibited. Please be considerate to your neighbor by keeping noise levels dowm at all limes. Quiet hours are observed after
10:03 p.m. Residents are encouraged to handle noise complaints between themselves However, when Resident communication breaks down,
please no% Management while the noise is occurring or give Management a written notice of the complaints wifri details to allow our investigation
and appropriate follow-up. Residents are responsible for their guests and family members and conduct at or related to their Unit or household. If
the number of guests or visitors is excessive m terms of the total number or its tendency to distuit fellow Residents, Management may ask Resident
to restrict or hmit the number of visitors. Excessive traffic from visitors, visits at unusual hours, visits of short duration, or visitors who leave
vehicles in driveways or parking areas, or cause other disturbances are in violation of your Lease, This prohibition of commercial or business use
extends to conducting any daycare or babysitting, other than occasional babysitting for a family member or friend without payment, and
prohibits any garage, yard, or' party" type sales.
8, Utilities. For utilities that are not included in the rent. Resident is re^ns.'ble af’ making arrangem^t fa serv.ce to be ixit in Residents name pnor to the move in
date and mantaining and promptly paying all utlities bills until the end of your tenancy. Resident is re^onsible for frie full cost of all uLMi^ (fa frie full Lease term
as ended wifri proper notice) even if frie Readent is evicted or moves cut befae the end of the Lease term, if your utilities are diKonnected or shut off due to
nonpayment or a request by you for etrmination this is a breach of your Lease and grounds af evicbon. In the event Resident fais ot have electric or other
requifM utiity ^rvce, service transterred ot Residents name, service is disconnected, (whether due to early move out or Residents failure to pay bills)
Management shall have a nghl ot terminate Resident's Lease and/or evict Resident to chaise Resident af any damages relating to utility shut off or interruption,
inducing any costs Managem.ent mcuis af any continued service to the Unit that is Residents re^cnsibil%' fa the duration of this Lease, any expenses or
damage ot ote Umt as a result of spoiled food a cdors 'n any reftigeratcr a need to pay additicnai (aba coste to bnng in auxiliary Hght and eiectnc services to
perform any needed work or repairs a other damages a charges ofManagement Fa utLties that are fGmished by Management Resident agrees to not waste a
cause ot be wasted utilities. Opening windov« or doors m winter, perming water in sinks tubs, a otlets to dnp a run, without reporting drips a leaks to
Management leaving lighte on leaving TV a other appliances on when the Unit is not occL|3ied, constitoles waste. Management is not liable af the fafae or
inabiii^ to furrash utihties or af interruptiois in such service when it is the result of evente beyond Man^ementsreascnade control a ^ices provided by a toito
party. Occasional intemjptio.n a disruption of serv.ce due to norma] r^irs and maintenance are not a default by Management Resident sh^l na leave any
winoCiVS a doors open otoer than for very brief periods to allow fre^ ar exchange. Management may monita the building exteria dunng heat mon^ and may
said Resident notices, a impose charges, af w.ndows or docre left openoi. In addition to ote extra utiMes costs and waste due to open windows a doors during
heat months, CHtien doors a 'windows can result m damage to pipes ard heat systems damage to walls and window treatments due to heating and freezing, and
other damages from extreme temperatore. Resident wiff be responsive for any damages a repairs due to open doors windows, or failure ot report any v/ater
leak, running water, a signs of leaks a moisture.
9. Subletting: Residents cannot lease the Unit to other persons (sublet), assign this Lease or sell this Lease.
10. Resicent promises: a) Not to act in a loud, boisterous, unruly or thoughtless manner or disturb the rights of the other Residents to peace and quiet, or ot
allow his/her guest to do so. Resident is responsible for conduct of all unit occupants and their guests: b) to use the Unit only as a pnvate residence, and not
in any way tnat :S illegal a dangerous, or which could cause a cancellation, restriction or maease in prem.um of Management’s insurance, c) not to
interfere in the management and operation of the preniises; d) that the Unit, common areas or areas surrounding the rental canmunity will not be used
by the Resdeni, and any member of the Resident's household, any guests of the Resicent. or by anyone acting under hiSitoer control to manufacture, sVI,
give away, barter, deliver, exchange, distribute, possess or use any illegal drug; or e) ot engage in prostitution or any prostitution related activty: or fi to
unlawftjily use or possess any firearms, or g) to al ow any stolen property on the premises, h) not to use or store on or near the Apartment any liammaoie,
explosive, volatile, or dangerous substance. ') not to engage in any conSuV that is unlawful or aiminal, and j) to comply witn all Rules and Regulations of
the Apartment/Townhome community and any other attachments or addendums to this Lease.
11, Waterbeds and appliances: Resident cannot keep a waterbed or other water-filled furniture in the Unit without prior consent. Proof of
insurance wil! be needed for a wraterbed. Resident may not store, use, or install additional appliances, including but not limited to. freezers,
refrigerators, dishwashers, washers, dryers, heaters, air conditioners, water coolers or water filtration devices wifriout Management's prior written
consent. Such consent may require Resident to pay an additional fee or charge for rent.
12, Barbecuing and grilling: Barbecuino and grilling may be subject to local ordinance and city code and may not be permitted in the community
where your Unit is located. Check wifn your Community Manager to determine any local rules or requirements. WF.ere permitted, grills, barbeques,
or other cooking equipment are only permitted on cement patios located at least 15 feet from any habitable space. Cooking, barbeoiinq, or grilling
in parses IS strictly prohibited. » » »
13, Pets: Pets and animals, visiting or otherwise, are not permitted on the property without written consent,
14. Managanent promises a) That ote Unf and all common areas ft ot use as a residential premises: b) ot keep toe Unit in reasDnaVe erpair and make necessary
repairs wthin a re^onaVe time after wntten notice by Resdent except when damage is caused by the intentidna! a negligent condifa of ote Resident a his/her
gueste; cj to manlam ote unit in compl-ance with appiicade hec#i arto’ safe^ codes except when a vidation of the health and safeW codes has been caused by the
intentional or negligent conduct of the Resident or his/her guests; d) to keep the common areas dean and in good condiuon.
15- Resident promises' a} Not to damage or misuse the Unit or waste the utilities provided by Management or allow his/her guests to do so; b) not to
paint a wafipaper ote Unit a make any structural changes in the Unit without prior svritten consent; c) to keep the Unit clean, sanitary, free from clutter
and odor-free and to comply with ail care and maintenance guidelines for the Unit that are contained in the Community Handbook; d) to give
wntten notice of any necessary repairs to be made e) to noti^ Management immediately of any conditions in the Unit that are dangerous to human
health a safety, or w'hich may damage the Unit or waste utilities provoed by Management: f; that when Resident moves out, the Unit will be in good
condition, except for ordinanr vrear and tear, g) not to remove any fixtures or furnishings supplied by Management without prior consent of
Management, and h) to read and follow all requirements and guidelines set forth in this Lease or any Community Handbook about care and
maintenance of the Unit, cornmon areas, appliances or equipmentin the Unit and common areas and to give notice to Management of any condition
requiring service or attention including, but not limited to, the presence of pests, mold or moisture, or other condition requiring ermediation or repair,
required to assist Management in pest control procedures. Your participation in our pest control treatment program
IS MANDATORY, If your unit is not ready when our pest control vendor is treating units, you may be required to pay a retreatment or second visit
fee. You are required to comply with al! requests for readying your unit for pest control treatrnents which may include emptying cupboards.
27-CV-HC-24-2684
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cr vanities and other requests. Residents are aiso required to follow any recommendations or treatment
of our pest contro vendor. Some pests, such as bedbugs, may require Residents to dispose of or professionally clean (at hiqh
nrS ifrnif personal property and fabrics. Residents are responsible for all costs of treating or removing personal
needed to achieve effect.ve pest control. Manaqement will not reimburse or re^ace person! property
thrill . eliminated. Failure to follow the requirements of our pest control vendor is a breach of your Lease. Cleanliness and
SciaSc i 5.11 preventative medicine in controlling pests. Dispose of all garbage and waste. Do not leave food, dirty dishes, or soft dnnk
rnatenais that may have been accessible to pests into your unit. Storage
c® plastic or metal sealed containers. Be careful bnnging luggage anr/used furniture or
IK I ”^1 bedbugs, can hitchhike on you or your belongings. Even the Adeanestriousekeeper may pick-up a
Sdfnn tn Management if you sVsigns of pests in your apartment or any otheFpla« in
Lllfcca^HA Manaoement of pests in you' unit is a serious violation of your Lease. Prompt notification tc Management is
nnf rfnlX? '-0 Keep pests ffom spreading. If Management learns that a unit has had an ongoing pest oroblem that is
m f^nPin ilho5lifTl^r termination, nonrenewal or charging fesident for lost rents, pest treatments and damages in Residents
P^scautions: Mold, mildew, and fungi are common elements found throughout the indoor and outdoor
in?ur5S5mAat outdoor air, on the ground, and in soil is common and is not a source of problem or
nMn hliHinn ml^ir ai ^^^it coHoitions C3n permit mold, mildew and fungi to grow in a way that could be injurious to individuals
SanlfJ?d5 lnT^fn ?i1arri 5 Resident to maintain the Unit so as to provide appropriate climate control and cleanliness
?Jilr K ^ mjdewfrom accumulating in the Unit. Undesirable mold, mildew, and fungi growth is associated
S ? humidity and impediment to air ficw. Resident agrees to dean and dust the Onif on a regular basis
?n?p5anl5S^tL'^hia?A^°'^ 1? O'] wiHdows, walls. and other surfaces as soon as reasonably possible. Resident shall not block or
or air ccnditionirg oucts in the Unit, Window coverings should permit ample airflow between the Glass and air
® 1 Management (i) any evidence of a water leak or excessive moisture in the Unit, as well as^in any other
f o'^dooce of rnold or mildew like growth that cannot be removed by simply using a common household deaner
the heating, yent|ation. or air conditioning system in the Unit; and (iv) any inoperable doors or
rouseWd.Sfaite 10 comp^^ “ *" to Resident and members of Resident’s
aAl ml.finSL fire protection: Resident acknowledges that the rental Unit is equipped v/ith one or more smoke detectors
sDea^c^n-^^o^nl lnSAAA?r?rMn?n5irai?f^
nanA^l
'®9^laf'ons and codes require that certain detectors be installed in
It IS Resident s responsibility to review the Community Handbook and any requirements for the
a!!pri5«5tfnil5ll?nn^^ ® detectors. or ether fire protection devices. Any interference with, disconnecting, removal of
Sfuillll »h?nHi? A^' coyenng. transfer, relocation or othenwise tampering with the operation of any smoke detector or other detector or fire safety
and househol^memberr^ bdiidmg is a violation of this Lease and could jeopardize the safety of other residents, the building, and Resident’s Unit
'“^dUolied access, permits and alarms: Each adult Resident will be fornished wth keys or other access devices to the Unit
^rtnll® occupant of Residents household. Resident is not permitted to change the locks. |f Resident fails to
common^LS^^RplSfLii’h’r
Resident Will be charged 39'®es keys
for any additional to payorforreplacement
lock replacement and may be responsible for re-keying the building or other
keys or access devices. At move out, ^Resident must return all
rfniaAfm^.fAAft^^fA^iA®'' parking oermits, including any garage or storage space keys or openers, or Resident v;ill be charged for
° replacement. Res cent may not install any alarm a seoirty device on tne Unit wthou!
on Management swntten consent, '-or nre and other safety purposes, Management must be given keys or access codes
fkTS'iA f l!l® d1!"! °[ ® ®^® smoking in heir Unit and it is bothersome to other Residents in the building. Management reserves
Sfmmrtl this Lease and ask Resident to leave. Residents Residents or Residents guests continue to smoke in the Unit. Management may
terminate or their guests who smoke are responsible for removing all smoking debris, cigarette
barged onTstiedc a'leaSadon fStenlig
acknowledges that the Unit has been inspected by Resident and that Resident has accepted the Unit leased
hereunder and is satisfied with us state cf repair and condition, inciud ng all present decorating, fixturmg ana appliances in the Unit. At the time of
Resident is prowdec 3 Move In inspection sneet for purposes of noting any damages or defiaencies in the Unit. The approval of any one
alfResideny^oVg^thlTl^a^^ ° Management as constituting the approval and agreement of
22. Security deposit Management may keep all or pari of the security deposit a) for damage to the Unit or common areas beyond ordinary wear and
.ear, b| for rent or other money ewea to Management. Management shall, within 21 days after termination of the tenancy and receipt of Kesideni's
new mailing address or delivery instructions, return such deposit with interest to Resident in accordance with state law, or furnisn to Resident a
written statement shqwtnq^e specific reason(s) for the withholding of the deposit or a portion thereof. Management is entitled to retain any and all
security deposi^ts paid until the tenancy is properly terminated. All Residents shall be jointly and severally liable for complying with the terms of this
paragraph and the Lease Agreement, the Community Handbook ar^d any addendums thereto. Management shall have no responsibility for
accounting to more than one Resident for the return of the security deposit. If more than one Resident individually occupies the Unit, it shall be
tneir sole re^onsibil ty to handle between themselves the payment ano return of the security aeposit. Management may return all or any part of
to any one of the addresses left with Management. Management shall not be responsible for returning any part of the security
deposit should there be a change in the identity of the Residents (roommates) prior to the expiration of the Lease or pnor to the time when all
persons occupying the premises vacate. To ensure return of the secunty deposit Resident sha! comply with all cleaning and Unit care guidelines
contained in the Community Handbook and with any additional cleaning or move out instructions. Extra cleaning painting or treatment to remove
stains or treat stubborn odors from tobacco, cooking, odors or animals are not considered normal wear and tear and these charges v/ill be
deducted from the deposit Time is of the essence in Management cleaning and turning the Unit at the end of the Lease. If Resident fails to move
“LvI lasi day o, the tenancy Resident may be charged Management's then current hourly overtime charges attributable to the
additional costs and administrative burdens of rescheduling cleaners, painters, and other work and service when the Resident has not vacated at the
*u ( Check out time. In accordance with Minn. Stat§ 5Q4B.278, Subd, 8 Resident is advised that no Resident may withhold any porton of
the last month s rent ori the ground that the security depoat shall serve for payment of rent.
23. Desfroyed or unlivabje unit. If the Unit s oestroyed or damaged so it is unfit to live in due to any cause. Management may. at its sole option,
termmate this Lease with no obligation to transfer or relocate Resident If the destruction of or damage was not Resident's fault, and Management
termina.es this Isase rent will oe prorated and the balanced will be refunded to Resident. If destruction of or damage to the premises is Resident's
fault, or the fault of Residents guests or household members, then Resident shall be responsible for rent as well as other damages. If in
Managements discretion, it believes the Unit can be rebuilt or restored within a reasonable penod of time. Management may choose to continue
the Lease and prorate the rent for the period of time where Resident may not occupy the unit. Resident shall Be responsiole for Resident’s
27-CV-HC-24-2684
Filed in District Court
State of Minnesota
4/26/2024 12:02 PM
felocaton and temporary living costs during such period of rebuildingor restoration.
24, Failure to give possession: If Management cannot provide the Unit to Resident at the start of this Lease. Resident cannot sue Management for any
resulting damage but Resioent will not start paying rent until he/she received possession of the Unit,
25. Management's right to enter Management ana its autnonzed agents rr.ay enter the Unit at any reasonable time to inspect, maintain or repair the
Unit, or do other necessary work, or to show the Unit to lenders, wvernment agencies, inspectors, insurance companies, or potential new residents or
buyers. Management acknowledges Resioent’s nghts under the Tenant's Right to Privacy Statue: which provides Management shall make a good
faith effort to give Resident reasonable advance notice under the circumstances of Management's intent tb enter, sub ect to the exceptions set forth
in the statute. If Management enters without prior notice and when the Resident is not present, Management shall disclose the entry by plaong a
written disclosure of the ent7 in a conspicuous place on the premises. A request by Resident fo' woi?, repairs, or service at the Apartment shall
institute notice to Resident that Manaqement intends to enter the property for purposes of responding to such request. If either Management or
Resident has gwen a notice to vacate Management shall have the right, without soecific piic’ advance notice, to show the Unit to potential new
tenants at reasonable times during the hours of 9.00 a.m. until 8:00 p.m. until such time as the Unit is re-rented,
26. Moving out before Lease ends/abandonment or surrender of unit: The rent charged by Management is premised on Resident fulfilling the
entire term of the Lease, If Resident moves out of the Unit before the date the Lease ends, whether due to eviction, or other early move
out or abandonment, Resident is responsible for the full rent as it comes due through the end of the Lease term and any other damages,
expenses or costs of Management including court costs and attorneys' fees. For Residents that have not lived in the Unit for a period of
at least 12 months, the Resident will be responsible for the Reconditioning Fee set forth on page 1. If Resident wants to terminate this
Agreement before the end of the Lease term w.thout responsibility for paying each month's full rent until the last date of the Lease,
Resident may be eligible to request and sign a Re-Rental Agreement to relieve Resident from continuing liability for the full term of the
Lease. The terms and conditions of the Re-Rental Agreement are available from Management Resident must pay the Re-Rental
Agreement fee and. if the Unit has been occupied for 12 months or less, the Reconditioning Fee set forth on page 1. Residents who do
not make prior arrangements, and comply with all of Management's conditions, for a Re-Rental Agreement shall remain liable for all rent
as it comes due under the Lease Agreement and all actual market rent losses and other damages and expenses incurred by Management
including all advertising, brokerage commissions and re-rental expenses until such time as fne unit is re-rented and./or the Lease term
ends. If a concession, special, or other promotional inducement has been given to Resident in exchange for Resident signing a term
Lease, then Resident shall be required to repay the concession in accordance with the terms of the Concession Agreement if the Lease is
not fulfilled. This repayment shall be due even if a Re-Rental Agreement is signed and a re-rental fee is paid.
27, Termination of Lease with specified ending date; If Resident wishes to move out of the Unit on the date this Lease ends. Resident must give
Management poor written notice equal to the nolic® period. If Resident fails to give proper notice, Manacement may a} extend the Lease for one notice
)enod and b) raise the rent, ff Resident with the approval of Management stays in the Unit after the date ftiis Lease encs and Resident and Management
lave not renev/ed the Lease o' entered intc a new Lease, this Lease sh^l be extended under its onginal tenns except a) the duration shall be changed to
month-to-month with two (2) full calendar months notice, prior to termination, and b) Management may raise the rent
28. Termination and alteration of month-to-month Lease: VMien the Lease is month-to-month, Management and Resident can terminate the Lease only
by giving the other party written notice equal to the notice period. A notice to terminate ffie Lease is effective on the last day of the month. Management
can diange any of the te'-ms of a month-to-month Lease, including tie amount of rent by giving Resident written notice at least equal to the notice
penod,
29. 12:00 noon start and end time; This Lease shall commence at 12:00 noon on the starting date of Lease and shall terminate at 12:00 noon on the
last day of the monffi in which this Lease ends (provided two months written notice was given to Management as required by other parts of this
Agreement). Resident's promise to vacate by 12 00 noon on the last day of the Lease is an important term of this Agreement. Management is relying on
Resicent to vacate by 12:00 noon to schedule deanina painting, repair and maintenance to the ^rtment/Townnome, If Resident fails to vacate by
12 00 noon, Management shall 'oe entitled to assess Resident a per hour overtime charge based on Management's then current best estimates of the
additional costs, damages, and expenses Management incurs when a Resident does not vacate by 12:00 noon.
30. Transfer Any Resident wishing to transfer to a dfferent Unit within the community can do so only with written consent of Manaqement, which
consent may be given or withheld in Management's sole ciscretion and subject to any transfer conditions or requirements that Management may
impose. Transfer conditions and fees may vary depending on the individual rental community, the availability and demand for rental Units, any
subsidies or progr^ams applicable to the community, and other conditions of Management A Non-refunaable transfer fee and a new security deposit
are payable by Resident at the time of application to transfer. A new Lease must be signed by Resident and Management. Move-out from the
existing Unit will be m accord with normal procedures and requirements as if Resident was vacating premises and the community.
31. Movinq oU of the Unit: Resident will move out of the Unit when proper notice has been gi\«n and this Lease ends. If Resident moves out after this Lease
ends, Resident shall oe liable to Management for any resulting losses including loss rent dairapes or temporary lodging o' moving (X)^ for a prospective
tena.ms v\hose move in is delayed, rent, court costs and attorneys fees. All Residents must leave the Unit befcre 12:00 noon the last given day '" '
Resident fo ls to leave befcre the required date and time Resident will be liable fo'" any exists losses meurred. Resident also agrees to 6i
Reconditioning Fee on page 1 if period of occupancy is less than tv«lve (12) months.
32. Re-rental agreement; Any Resident who desires to move out prior to the Lease Expiration Date or without giving the two (2) full months written
notice poor to the first of any given month after the Lease Term has expired, can do w only if Management cxinsents and both ;«rtes enter into a Re-
Rental Agreement. There is a non-re^unoable fee immediately payable by Resident to Management "whenever a Re-Rental Agreement is entered into.
See Management for the amount of the Re-Rental fee and ether terms.
33. Eviction: If Residen*. vioiales any of the terms of the Lease, the Community Handbook or any other posted Rules and Regulations, Resident may be
evicted immediately and without prior notice. If Resident is evicted but does not move out voluntarily. Management may bring an eviction action. If
Resident violates a term of the Lease, but Management does not sue or evict Resident, Management may still sue or evict Resident for any other
violation of any term of the Lease.
34. acceptance
Eviction after partial payment of rent It is expressly agreed to by Management and Resident that [Xirsuant
by Management of less than the full amount of rent due from Resident does not waive Manaaement's
to Mmn, Stat. § 540B 291, Subd, 1 (c).
Preview
27-CV-HC-24-2684 Filed in District Court State of Minnesota 4/26/2024 12:02 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: HOUSING Northstar Residential, LLC, Plaintiff, COMPLAINT vs. Colerena Doe (dob 3/31/1995), John Doe, Jane Doe, Defendant. Parties 1. Plaintiff is Northstar Residential, LLC. Plaintiff is a Landlord as that term is defined in Minn. Stat. § 504B.001, Subd. 7. 2. Defendant is Colerena Doe. Defendant is a Residential Tenant as that term is defined in Minn. Stat. § 504B.001, Subd. 12. The Lease 3. There is a written lease between the parties and it is attached to the Complaint as Exhibit A. 4. The address of the property in the Lease is 17520 96th Avenue North, in the City of Maple Grove, County of Hennepin, State of Minnesota, Zip Code 55311. 5. The tenancy is affected by the low income housing tax credit program and is administered by Minnesota Housing. 1 27-CV-HC-24-2684 Filed in District Court State of Minnesota 4/26/2024 12:02 PM Conditions Precedent 6. All necessary conditions precedent have been performed or have occurred. 7. Plaintiff has complied with Minn. Stat. § 504B.181 by: a. disclosing to tenant either in the rental agreement or otherwise in writing prior to the beginning of the tenancy the name and address of: 1) the person authorized to manage premises; and 2) an owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands, AND b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information in the lease, OR c. the above information is known by or has been disclosed to the tenant not less than 30 days before the filing of this action because of communications from landlord. Count 1: Eviction – Non-payment 8. A detailed, itemized accounting or statement listing the amounts owing is attached to this Complaint as Exhibit B. 9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly delivered. That notice is attached to this Complaint as Exhibit C. 10. In addition to the arrearages identified in the immediately preceding paragraphs, pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored to possession, Defendant(s) may be required to pay to the landlord or bring to court the amount of the rent that is in arrears, with interest, costs of the action, and an attorney’s fee not to exceed $5, and by performing any other covenants of the lease – including amounts that become due during the pendency of this action. 11. The total amount required to redeem the tenancy is $1,784.00 + $377.00 (costs of the action – filing fee and service fee) for a total of $2,161.00, plus any additional amounts, or other covenants of the lease which may become due after the date of the complaint. The amount pled only includes amounts necessary to redeem per Minn. Stat. § 504B.291 as of the date of the Complaint and may not include all money owing under the lease. 12. Defendants’ military status is unknown. 2 27-CV-HC-24-2684 Filed in District Court State of Minnesota 4/26/2024 12:02 PM Request for Relief 1. Plaintiff seeks judgment against Defendant and an Order for possession of the property and the issuance of an immediate Writ of Recovery. 2. Plaintiff seeks all allowable costs and disbursements of the action. I declare under penalty of perjury that everything I have stated in this document is true and correct to the best of my knowledge and belief. Minn. Stat. § 358.116. Dated: April 26, 2024 HANBERY & TURNER, P.A. /s/ Douglass E. Turner Douglass E. Turner, #0279948 33 South 6th St. Suite 4160 Minneapolis, MN 55402 Tele: (612) 353-4388 EM: hnc@hnclaw.com Attorney for Plaintiff 3 27-CV-HC-24-2684 Filed in District Court State of Minnesota 4/26/2024 12:02 PM LEASE RENEWAL AGREEMENT Project Name: Manic Ridge Townhomcs Residents: Landlord: Northstar Residential Colerena Doe Address: 12708 Wayzata Blvd #450 Minnetonka, MN 55305 Renewal Commencement Date 05/01/2024 Renewal Termination Date 04/30/2025 Townhome #17520 Deposits Rent (monthly) Security $1.433.00 Apartment $1.663.00 RECITALS A. The above named Tenant(s) and Landlord are parties to the Lease made the 8'*= dav of May.. 2020 having a term which began on the J^day of . 2020 and ends on the 30'*’ dav of April. 2021 on Apartment gj..7520 at Maple Ridge Townhomes (hereinafter referred to as the '^Initial Lease”). If applicable: The Initial Lease was renewed on P'dav ofMav. 2021 for an additional term of J2 months. B. The Parties desire to renew the initial Lease for an additional term of 12 months. COVENANTS Now, therefore, in consideration of the rent to be paid by Tenant and of the other covenants, agreements and conditions contained in the initial Lease, subsequent Renewal .Agreements and this Lease Renewal Agreement, the parties hereto agree as follows: 1. Landlord does hereby lease to Tenant, in the City of Maple Grove, Countyof Hennepin,State of MN to be used and occupied by Tenant(s) and immediate family as a private residence, and for no other purpose, for the renewal beginning at 12:00 noon on the 1“ day ofMav , 2024 and ending at 12:00 noon on the 30"’ day of April. 2025 (the Renewal Term). 2. Tenant docs hereby lease the .Apartment for the Renewal Term and promises to pay Landlord, its representatives and assignees, as rental for the Apartment the sum ofS 1.663.00 per month, payable in advance on the !‘' day of each month during Renewal Term. Time and Date of rent payment is of the essence, and Tenant shall pay a late charge of 8% if rent is received after 4 p.m. on the S'** of the month. Said late charge shall not be construed to relieve Tenant of any obligations for timely payment of rent. S30.00 shall also be charged for any check returned due to insufficient funds. No further checks would then be allowed. 3. ●All other provisions of the initial lease, including the guaranty and all attachments thereto are by this reference incorporated herein and shall remain in effect, except for the following amendment(s): State “None” if Applicable) LANDLORD <6 BY: Northstar Residential M i n n eton ka^JVI i)i 55305 Date: Dated V erbal commitments will not be honored, any variance from the initial lease or the lease renewal agreement mu.st be in i writing and approved by landlord. EXHIBIT A 27-CV-HC-24-2684 Filed in District Court State of Minnesota 4/26/2024 12:02 PM LEASE RENEWAL AGREEMENT Project Name; Maple Ridge Townhomes Residents: Landlord: Northsfar Residential Colerena Doc Address: 12708 VVayzata Blvd #450 Minnetonka, MN 55305 Renewal Commencement Date 05/01/2023 Renewal Termination Date 04/30/2024 Tovvnhome #17520 Deposits Rent (monthly) Security $1.433.00 Apartment $1,584.00 RECITALS A. The above mimed Tfnant(s) and Landlord are parties to the Lease made the 8'^ dav of Ma^.. 20^ having a term which began on the XlLday of . 2020_ an33.00 Actual Date of Move-In: May 8.2020 Lease Expires: Apni 30.2021 Prorate $_M0^ Leasi^Begin^enev« (circle one):(atOS/O8/202Q (Date) for 12 nocT! on that last day of monfli) months. Monthly Rental Payment ofS 1.433 CO is to be paid in full on or before the first day 0* each month by one check cs" money order. Other Monthly Charges: S for- Other Monthly Chai’ges: S for- Total Monthly Rent S 1.433.00 Service charges: All late fees and service charges can arxi will be withheld from security deposit if not paid upon move-out ●Late Charge if total rent and ail charges due are not paid in full by 4:GC p,m, on the 5th day of the month 8% of the overdue rent, “Return check charge $ 30 plus money orders subsequent to this occurring ●Re-rental Agreement Fee {if any) 5 1 o'-'' niontns rent which eve? is greater Notice Penod. The notice period is hvo full and complete calendar months on or before the last day of the existing Lease. Notice is to be received by Management office in writing unless indicated otherwise herein. Utilities included in rent: Heat X Water Gas * Garbage Electricity Utilities paid separately to Resident: « Heat Watei X Gas Garbag^ ^ Electricity Additional agreements (see Community Handbook ) Garage storage policy CTH. Data Privacy. Key Agreemem Lease Rider, Water Usage Tax Credit Adcerdum, Garage .Addendum VAWA HUD 5380 and 5382 Community HandbooK. Cnme Free Lease Addendum. Care & Mair^tertance of your Rental Unit Management (acting as agent for owner of the premises) ano Resident agree and acknowledge to the terms of this Lease as written both aoove and below these signatures and on any attachments tha: may be part of this Lease, specrfically. the pointed Community Handbook and any Rules and Regulabons printed on the reverse side of the application, damage deposit, etc, residents are jointly responsive for all terms and conditions of this Lease. This signed receipt or acknowledgment is pnma faae evidence that the tenant has received a copy^ of the Handbook. Management: Northstar Residential. LLC (Agent for Owner) By:wEi Date; 5l 113090 Reside By: Date. bS [O'1-j IcIC gy Date: By:, Date By: Date Lead disclosure; The community was constructed prior to 1978 anc l/we received Lead Disdosure and Pamphlet 0 not constructed prior to 1978. The following is required by Minnesota Statutes. Section 504B.181 The Company authorized to manage these premises and authorized to accept service of process and receive and give receipts for notices and demands is: NQrthstarResidential.LLC.l2708WavzataBlvd#450.Minnetonka.MN55305 .TeleDhone952-544-Q331 TERMS OF THIS LEASE: 1. Payment: Resident will pay the full monthly rent before midnight of the first day of each month while this Lease is in effect and during any extensions or renewals of this Lease. Rent will be p^aid as required. 2, V'/ho is responsible for rent: Each Resident is individually responsible for paying the full amount of rent and any other money owed. 3. Duty to pay rent after eviction. If Resident is evicted because Resident violated a term of this Lease, Residentmust still pay the full monthly rent until a) the Unit is rg-rented. bj the date of this Lease ends; or c) if the Lease is month-to-month, the next notice period ends. If the Unit is re-rented for less than the rent due under this Lease, Resident will be responsible for the difference until the date this Lease ends or. if the Lease is month-to-month, until the end of the next notice period, 4. Late rent service fee, returned check fee and electronic fund authonzation; Resident will pay the late charge(s) listed above if Residentdoes not pay the full monthly rent and any other charges or fees on the date due. Resident will also pay a fee for any check returned as nonpayment by a bank for any reason. If a check is returned as nonpayment. Management may require Resident to pay rent in the form of a money order, cashier's check or automatic bank transfer thereafter. Vifrien you provide a check as payment you authonze Management to use information from the check to make 27-CV-HC-24-2684 Filed in District Court State of Minnesota 4/26/2024 12:02 PM a one Sme electroric fund transfer from ycjr account, or to process the payment as a check transaction If your payment is returned unpaid, you authorize Management to collect a return check charge as staled above from your account. V^en payments are made, any owing balance on Resident's ledger from pnor month(sl wil! be paid first and then rent vwll be paid, sometimes leaving rent owing in cases where tne payment made is less than the balance on the ledger. Late fees will accrue on any balance left over after payments are made. 5, Occupancy and use: Only the persons listed above as Residents may live m the Apartment plus any minor cNIdren bom or legally adopted by Resident during the term o: the Agremienl No othe'- persons may live, use or requiarly’stay at the Apartment without the pior written consent of Management. The Apartment, common areas, and utilities are for normal residentai use only. Any and all business orcommercia use is strictly prohibited. 6. Guest restrictions: If any of Resident’s guests poses, or is reasonably believed to pose, a danger to or interfere with the health, safety or morals of other residents or the employees and agents of Management, or disrupts the quiet enjoyment of the community, or interferes with Management or Management's agents. Management reserves the right to exclude Resident s guests from the community by grang such guest a trespass notice and advising Resident that such guest is no longer permitted in Resident's home or in the community. Guests subject to receiving trespass notice include previous tenants who have been evicted or asked to leave the community, persons wth a history of convictions for crimes against persons or drug offenses, persons who ha\« previously broken the Lease or rules in tne Community Handbook or the conditions of Resident's Lease. Management will cooperate v,fith local law enforcement if asked to exdude certain individuals from the residential community. 7. Disturbances and excess traffic: individual units in the rental community are to be used exclusively for residential purposes. All business and commeraa! uses are prohibited. Please be considerate to your neighbor by keeping noise levels dowm at all limes. Quiet hours are observed after 10:03 p.m. Residents are encouraged to handle noise complaints between themselves However, when Resident communication breaks down, please no% Management while the noise is occurring or give Management a written notice of the complaints wifri details to allow our investigation and appropriate follow-up. Residents are responsible for their guests and family members and conduct at or related to their Unit or household. If the number of guests or visitors is excessive m terms of the total number or its tendency to distuit fellow Residents, Management may ask Resident to restrict or hmit the number of visitors. Excessive traffic from visitors, visits at unusual hours, visits of short duration, or visitors who leave vehicles in driveways or parking areas, or cause other disturbances are in violation of your Lease, This prohibition of commercial or business use extends to conducting any daycare or babysitting, other than occasional babysitting for a family member or friend without payment, and prohibits any garage, yard, or' party" type sales. 8, Utilities. For utilities that are not included in the rent. Resident is re^ns.'ble af’ making arrangem^t fa serv.ce to be ixit in Residents name pnor to the move in date and mantaining and promptly paying all utlities bills until the end of your tenancy. Resident is re^onsible for frie full cost of all uLMi^ (fa frie full Lease term as ended wifri proper notice) even if frie Readent is evicted or moves cut befae the end of the Lease term, if your utilities are diKonnected or shut off due to nonpayment or a request by you for etrmination this is a breach of your Lease and grounds af evicbon. In the event Resident fais ot have electric or other requifM utiity ^rvce, service transterred ot Residents name, service is disconnected, (whether due to early move out or Residents failure to pay bills) Management shall have a nghl ot terminate Resident's Lease and/or evict Resident to chaise Resident af any damages relating to utility shut off or interruption, inducing any costs Managem.ent mcuis af any continued service to the Unit that is Residents re^cnsibil%' fa the duration of this Lease, any expenses or damage ot ote Umt as a result of spoiled food a cdors 'n any reftigeratcr a need to pay additicnai (aba coste to bnng in auxiliary Hght and eiectnc services to perform any needed work or repairs a other damages a charges ofManagement Fa utLties that are fGmished by Management Resident agrees to not waste a cause ot be wasted utilities. Opening windov« or doors m winter, perming water in sinks tubs, a otlets to dnp a run, without reporting drips a leaks to Management leaving lighte on leaving TV a other appliances on when the Unit is not occL|3ied, constitoles waste. Management is not liable af the fafae or inabiii^ to furrash utihties or af interruptiois in such service when it is the result of evente beyond Man^ementsreascnade control a ^ices provided by a toito party. Occasional intemjptio.n a disruption of serv.ce due to norma] r^irs and maintenance are not a default by Management Resident sh^l na leave any winoCiVS a doors open otoer than for very brief periods to allow fre^ ar exchange. Management may monita the building exteria dunng heat mon^ and may said Resident notices, a impose charges, af w.ndows or docre left openoi. In addition to ote extra utiMes costs and waste due to open windows a doors during heat months, CHtien doors a 'windows can result m damage to pipes ard heat systems damage to walls and window treatments due to heating and freezing, and other damages from extreme temperatore. Resident wiff be responsive for any damages a repairs due to open doors windows, or failure ot report any v/ater leak, running water, a signs of leaks a moisture. 9. Subletting: Residents cannot lease the Unit to other persons (sublet), assign this Lease or sell this Lease. 10. Resicent promises: a) Not to act in a loud, boisterous, unruly or thoughtless manner or disturb the rights of the other Residents to peace and quiet, or ot allow his/her guest to do so. Resident is responsible for conduct of all unit occupants and their guests: b) to use the Unit only as a pnvate residence, and not in any way tnat :S illegal a dangerous, or which could cause a cancellation, restriction or maease in prem.um of Management’s insurance, c) not to interfere in the management and operation of the preniises; d) that the Unit, common areas or areas surrounding the rental canmunity will not be used by the Resdeni, and any member of the Resident's household, any guests of the Resicent. or by anyone acting under hiSitoer control to manufacture, sVI, give away, barter, deliver, exchange, distribute, possess or use any illegal drug; or e) ot engage in prostitution or any prostitution related activty: or fi to unlawftjily use or possess any firearms, or g) to al ow any stolen property on the premises, h) not to use or store on or near the Apartment any liammaoie, explosive, volatile, or dangerous substance. ') not to engage in any conSuV that is unlawful or aiminal, and j) to comply witn all Rules and Regulations of the Apartment/Townhome community and any other attachments or addendums to this Lease. 11, Waterbeds and appliances: Resident cannot keep a waterbed or other water-filled furniture in the Unit without prior consent. Proof of insurance wil! be needed for a wraterbed. Resident may not store, use, or install additional appliances, including but not limited to. freezers, refrigerators, dishwashers, washers, dryers, heaters, air conditioners, water coolers or water filtration devices wifriout Management's prior written consent. Such consent may require Resident to pay an additional fee or charge for rent. 12, Barbecuing and grilling: Barbecuino and grilling may be subject to local ordinance and city code and may not be permitted in the community where your Unit is located. Check wifn your Community Manager to determine any local rules or requirements. WF.ere permitted, grills, barbeques, or other cooking equipment are only permitted on cement patios located at least 15 feet from any habitable space. Cooking, barbeoiinq, or grilling in parses IS strictly prohibited. » » » 13, Pets: Pets and animals, visiting or otherwise, are not permitted on the property without written consent, 14. Managanent promises a) That ote Unf and all common areas ft ot use as a residential premises: b) ot keep toe Unit in reasDnaVe erpair and make necessary repairs wthin a re^onaVe time after wntten notice by Resdent except when damage is caused by the intentidna! a negligent condifa of ote Resident a his/her gueste; cj to manlam ote unit in compl-ance with appiicade hec#i arto’ safe^ codes except when a vidation of the health and safeW codes has been caused by the intentional or negligent conduct of the Resident or his/her guests; d) to keep the common areas dean and in good condiuon. 15- Resident promises' a} Not to damage or misuse the Unit or waste the utilities provided by Management or allow his/her guests to do so; b) not to paint a wafipaper ote Unit a make any structural changes in the Unit without prior svritten consent; c) to keep the Unit clean, sanitary, free from clutter and odor-free and to comply with ail care and maintenance guidelines for the Unit that are contained in the Community Handbook; d) to give wntten notice of any necessary repairs to be made e) to noti^ Management immediately of any conditions in the Unit that are dangerous to human health a safety, or w'hich may damage the Unit or waste utilities provoed by Management: f; that when Resident moves out, the Unit will be in good condition, except for ordinanr vrear and tear, g) not to remove any fixtures or furnishings supplied by Management without prior consent of Management, and h) to read and follow all requirements and guidelines set forth in this Lease or any Community Handbook about care and maintenance of the Unit, cornmon areas, appliances or equipmentin the Unit and common areas and to give notice to Management of any condition requiring service or attention including, but not limited to, the presence of pests, mold or moisture, or other condition requiring ermediation or repair, required to assist Management in pest control procedures. Your participation in our pest control treatment program IS MANDATORY, If your unit is not ready when our pest control vendor is treating units, you may be required to pay a retreatment or second visit fee. You are required to comply with al! requests for readying your unit for pest control treatrnents which may include emptying cupboards. 27-CV-HC-24-2684 Filed in District Court State of Minnesota 4/26/2024 12:02 PM cr vanities and other requests. Residents are aiso required to follow any recommendations or treatment of our pest contro vendor. Some pests, such as bedbugs, may require Residents to dispose of or professionally clean (at hiqh nrS ifrnif personal property and fabrics. Residents are responsible for all costs of treating or removing personal needed to achieve effect.ve pest control. Manaqement will not reimburse or re^ace person! property thrill . eliminated. Failure to follow the requirements of our pest control vendor is a breach of your Lease. Cleanliness and SciaSc i 5.11 preventative medicine in controlling pests. Dispose of all garbage and waste. Do not leave food, dirty dishes, or soft dnnk rnatenais that may have been accessible to pests into your unit. Storage c® plastic or metal sealed containers. Be careful bnnging luggage anr/used furniture or IK I ”^1 bedbugs, can hitchhike on you or your belongings. Even the Adeanestriousekeeper may pick-up a Sdfnn tn Management if you sVsigns of pests in your apartment or any otheFpla« in Lllfcca^HA Manaoement of pests in you' unit is a serious violation of your Lease. Prompt notification tc Management is nnf rfnlX? '-0 Keep pests ffom spreading. If Management learns that a unit has had an ongoing pest oroblem that is m f^nPin ilho5lifTl^r termination, nonrenewal or charging fesident for lost rents, pest treatments and damages in Residents P^scautions: Mold, mildew, and fungi are common elements found throughout the indoor and outdoor in?ur5S5mAat outdoor air, on the ground, and in soil is common and is not a source of problem or nMn hliHinn ml^ir ai ^^^it coHoitions C3n permit mold, mildew and fungi to grow in a way that could be injurious to individuals SanlfJ?d5 lnT^fn ?i1arri 5 Resident to maintain the Unit so as to provide appropriate climate control and cleanliness ?Jilr K ^ mjdewfrom accumulating in the Unit. Undesirable mold, mildew, and fungi growth is associated S ? humidity and impediment to air ficw. Resident agrees to dean and dust the Onif on a regular basis ?n?p5anl5S^tL'^hia?A^°'^ 1? O'] wiHdows, walls. and other surfaces as soon as reasonably possible. Resident shall not block or or air ccnditionirg oucts in the Unit, Window coverings should permit ample airflow between the Glass and air ® 1 Management (i) any evidence of a water leak or excessive moisture in the Unit, as well as^in any other f o'^dooce of rnold or mildew like growth that cannot be removed by simply using a common household deaner the heating, yent|ation. or air conditioning system in the Unit; and (iv) any inoperable doors or rouseWd.Sfaite 10 comp^^ “ *" to Resident and members of Resident’s aAl ml.finSL fire protection: Resident acknowledges that the rental Unit is equipped v/ith one or more smoke detectors sDea^c^n-^^o^nl lnSAAA?r?rMn?n5irai?f^ nanA^l '®9^laf'ons and codes require that certain detectors be installed in It IS Resident s responsibility to review the Community Handbook and any requirements for the a!!pri5«5tfnil5ll?nn^^ ® detectors. or ether fire protection devices. Any interference with, disconnecting, removal of Sfuillll »h?nHi? A^' coyenng. transfer, relocation or othenwise tampering with the operation of any smoke detector or other detector or fire safety and househol^memberr^ bdiidmg is a violation of this Lease and could jeopardize the safety of other residents, the building, and Resident’s Unit '“^dUolied access, permits and alarms: Each adult Resident will be fornished wth keys or other access devices to the Unit ^rtnll® occupant of Residents household. Resident is not permitted to change the locks. |f Resident fails to common^LS^^RplSfLii’h’r Resident Will be charged 39'®es keys for any additional to payorforreplacement lock replacement and may be responsible for re-keying the building or other keys or access devices. At move out, ^Resident must return all rfniaAfm^.fAAft^^fA^iA®'' parking oermits, including any garage or storage space keys or openers, or Resident v;ill be charged for ° replacement. Res cent may not install any alarm a seoirty device on tne Unit wthou! on Management swntten consent, '-or nre and other safety purposes, Management must be given keys or access codes fkTS'iA f l!l® d1!"! °[ ® ®^® smoking in heir Unit and it is bothersome to other Residents in the building. Management reserves Sfmmrtl this Lease and ask Resident to leave. Residents Residents or Residents guests continue to smoke in the Unit. Management may terminate or their guests who smoke are responsible for removing all smoking debris, cigarette barged onTstiedc a'leaSadon fStenlig acknowledges that the Unit has been inspected by Resident and that Resident has accepted the Unit leased hereunder and is satisfied with us state cf repair and condition, inciud ng all present decorating, fixturmg ana appliances in the Unit. At the time of Resident is prowdec 3 Move In inspection sneet for purposes of noting any damages or defiaencies in the Unit. The approval of any one alfResideny^oVg^thlTl^a^^ ° Management as constituting the approval and agreement of 22. Security deposit Management may keep all or pari of the security deposit a) for damage to the Unit or common areas beyond ordinary wear and .ear, b| for rent or other money ewea to Management. Management shall, within 21 days after termination of the tenancy and receipt of Kesideni's new mailing address or delivery instructions, return such deposit with interest to Resident in accordance with state law, or furnisn to Resident a written statement shqwtnq^e specific reason(s) for the withholding of the deposit or a portion thereof. Management is entitled to retain any and all security deposi^ts paid until the tenancy is properly terminated. All Residents shall be jointly and severally liable for complying with the terms of this paragraph and the Lease Agreement, the Community Handbook ar^d any addendums thereto. Management shall have no responsibility for accounting to more than one Resident for the return of the security deposit. If more than one Resident individually occupies the Unit, it shall be tneir sole re^onsibil ty to handle between themselves the payment ano return of the security aeposit. Management may return all or any part of to any one of the addresses left with Management. Management shall not be responsible for returning any part of the security deposit should there be a change in the identity of the Residents (roommates) prior to the expiration of the Lease or pnor to the time when all persons occupying the premises vacate. To ensure return of the secunty deposit Resident sha! comply with all cleaning and Unit care guidelines contained in the Community Handbook and with any additional cleaning or move out instructions. Extra cleaning painting or treatment to remove stains or treat stubborn odors from tobacco, cooking, odors or animals are not considered normal wear and tear and these charges v/ill be deducted from the deposit Time is of the essence in Management cleaning and turning the Unit at the end of the Lease. If Resident fails to move “LvI lasi day o, the tenancy Resident may be charged Management's then current hourly overtime charges attributable to the additional costs and administrative burdens of rescheduling cleaners, painters, and other work and service when the Resident has not vacated at the *u ( Check out time. In accordance with Minn. Stat§ 5Q4B.278, Subd, 8 Resident is advised that no Resident may withhold any porton of the last month s rent ori the ground that the security depoat shall serve for payment of rent. 23. Desfroyed or unlivabje unit. If the Unit s oestroyed or damaged so it is unfit to live in due to any cause. Management may. at its sole option, termmate this Lease with no obligation to transfer or relocate Resident If the destruction of or damage was not Resident's fault, and Management termina.es this Isase rent will oe prorated and the balanced will be refunded to Resident. If destruction of or damage to the premises is Resident's fault, or the fault of Residents guests or household members, then Resident shall be responsible for rent as well as other damages. If in Managements discretion, it believes the Unit can be rebuilt or restored within a reasonable penod of time. Management may choose to continue the Lease and prorate the rent for the period of time where Resident may not occupy the unit. Resident shall Be responsiole for Resident’s 27-CV-HC-24-2684 Filed in District Court State of Minnesota 4/26/2024 12:02 PM felocaton and temporary living costs during such period of rebuildingor restoration. 24, Failure to give possession: If Management cannot provide the Unit to Resident at the start of this Lease. Resident cannot sue Management for any resulting damage but Resioent will not start paying rent until he/she received possession of the Unit, 25. Management's right to enter Management ana its autnonzed agents rr.ay enter the Unit at any reasonable time to inspect, maintain or repair the Unit, or do other necessary work, or to show the Unit to lenders, wvernment agencies, inspectors, insurance companies, or potential new residents or buyers. Management acknowledges Resioent’s nghts under the Tenant's Right to Privacy Statue: which provides Management shall make a good faith effort to give Resident reasonable advance notice under the circumstances of Management's intent tb enter, sub ect to the exceptions set forth in the statute. If Management enters without prior notice and when the Resident is not present, Management shall disclose the entry by plaong a written disclosure of the ent7 in a conspicuous place on the premises. A request by Resident fo' woi?, repairs, or service at the Apartment shall institute notice to Resident that Manaqement intends to enter the property for purposes of responding to such request. If either Management or Resident has gwen a notice to vacate Management shall have the right, without soecific piic’ advance notice, to show the Unit to potential new tenants at reasonable times during the hours of 9.00 a.m. until 8:00 p.m. until such time as the Unit is re-rented, 26. Moving out before Lease ends/abandonment or surrender of unit: The rent charged by Management is premised on Resident fulfilling the entire term of the Lease, If Resident moves out of the Unit before the date the Lease ends, whether due to eviction, or other early move out or abandonment, Resident is responsible for the full rent as it comes due through the end of the Lease term and any other damages, expenses or costs of Management including court costs and attorneys' fees. For Residents that have not lived in the Unit for a period of at least 12 months, the Resident will be responsible for the Reconditioning Fee set forth on page 1. If Resident wants to terminate this Agreement before the end of the Lease term w.thout responsibility for paying each month's full rent until the last date of the Lease, Resident may be eligible to request and sign a Re-Rental Agreement to relieve Resident from continuing liability for the full term of the Lease. The terms and conditions of the Re-Rental Agreement are available from Management Resident must pay the Re-Rental Agreement fee and. if the Unit has been occupied for 12 months or less, the Reconditioning Fee set forth on page 1. Residents who do not make prior arrangements, and comply with all of Management's conditions, for a Re-Rental Agreement shall remain liable for all rent as it comes due under the Lease Agreement and all actual market rent losses and other damages and expenses incurred by Management including all advertising, brokerage commissions and re-rental expenses until such time as fne unit is re-rented and./or the Lease term ends. If a concession, special, or other promotional inducement has been given to Resident in exchange for Resident signing a term Lease, then Resident shall be required to repay the concession in accordance with the terms of the Concession Agreement if the Lease is not fulfilled. This repayment shall be due even if a Re-Rental Agreement is signed and a re-rental fee is paid. 27, Termination of Lease with specified ending date; If Resident wishes to move out of the Unit on the date this Lease ends. Resident must give Management poor written notice equal to the nolic® period. If Resident fails to give proper notice, Manacement may a} extend the Lease for one notice )enod and b) raise the rent, ff Resident with the approval of Management stays in the Unit after the date ftiis Lease encs and Resident and Management lave not renev/ed the Lease o' entered intc a new Lease, this Lease sh^l be extended under its onginal tenns except a) the duration shall be changed to month-to-month with two (2) full calendar months notice, prior to termination, and b) Management may raise the rent 28. Termination and alteration of month-to-month Lease: VMien the Lease is month-to-month, Management and Resident can terminate the Lease only by giving the other party written notice equal to the notice period. A notice to terminate ffie Lease is effective on the last day of the month. Management can diange any of the te'-ms of a month-to-month Lease, including tie amount of rent by giving Resident written notice at least equal to the notice penod, 29. 12:00 noon start and end time; This Lease shall commence at 12:00 noon on the starting date of Lease and shall terminate at 12:00 noon on the last day of the monffi in which this Lease ends (provided two months written notice was given to Management as required by other parts of this Agreement). Resident's promise to vacate by 12 00 noon on the last day of the Lease is an important term of this Agreement. Management is relying on Resicent to vacate by 12:00 noon to schedule deanina painting, repair and maintenance to the ^rtment/Townnome, If Resident fails to vacate by 12 00 noon, Management shall 'oe entitled to assess Resident a per hour overtime charge based on Management's then current best estimates of the additional costs, damages, and expenses Management incurs when a Resident does not vacate by 12:00 noon. 30. Transfer Any Resident wishing to transfer to a dfferent Unit within the community can do so only with written consent of Manaqement, which consent may be given or withheld in Management's sole ciscretion and subject to any transfer conditions or requirements that Management may impose. Transfer conditions and fees may vary depending on the individual rental community, the availability and demand for rental Units, any subsidies or progr^ams applicable to the community, and other conditions of Management A Non-refunaable transfer fee and a new security deposit are payable by Resident at the time of application to transfer. A new Lease must be signed by Resident and Management. Move-out from the existing Unit will be m accord with normal procedures and requirements as if Resident was vacating premises and the community. 31. Movinq oU of the Unit: Resident will move out of the Unit when proper notice has been gi\«n and this Lease ends. If Resident moves out after this Lease ends, Resident shall oe liable to Management for any resulting losses including loss rent dairapes or temporary lodging o' moving (X)^ for a prospective tena.ms v\hose move in is delayed, rent, court costs and attorneys fees. All Residents must leave the Unit befcre 12:00 noon the last given day '" ' Resident fo ls to leave befcre the required date and time Resident will be liable fo'" any exists losses meurred. Resident also agrees to 6i Reconditioning Fee on page 1 if period of occupancy is less than tv«lve (12) months. 32. Re-rental agreement; Any Resident who desires to move out prior to the Lease Expiration Date or without giving the two (2) full months written notice poor to the first of any given month after the Lease Term has expired, can do w only if Management cxinsents and both ;«rtes enter into a Re- Rental Agreement. There is a non-re^unoable fee immediately payable by Resident to Management "whenever a Re-Rental Agreement is entered into. See Management for the amount of the Re-Rental fee and ether terms. 33. Eviction: If Residen*. vioiales any of the terms of the Lease, the Community Handbook or any other posted Rules and Regulations, Resident may be evicted immediately and without prior notice. If Resident is evicted but does not move out voluntarily. Management may bring an eviction action. If Resident violates a term of the Lease, but Management does not sue or evict Resident, Management may still sue or evict Resident for any other violation of any term of the Lease. 34. acceptance Eviction after partial payment of rent It is expressly agreed to by Management and Resident that [Xirsuant by Management of less than the full amount of rent due from Resident does not waive Manaaement's to Mmn, Stat. § 540B 291, Subd, 1 (c).