Motion for Writ in Real North Rental vs Rachel Fineday-Smith, John Doe, Mary Roe| Trellis.Law

On June 12, 2024 a Complaint-Civil Index #1 was filed involving a dispute between Real North Rental, and Doe, John, Fineday-Smith, Rachel, Roe, Mary, for Eviction (UD) in the District Court of St. Louis County.

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69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF ST. LOUIS SIXTH JUDICIAL DISTRICT

Case Type: Housing
Real North Rental
Court File No.
Plaintiff/ Landlord,

v. EVIC'I'ION ACTION COMPLAINT
(MINN. S'I'A'l §504B.321)
Rachel FinedaySmith,
John Doe and Mary Roe,

Defendants/Tenants.

PLEASE TAKE NOTICE: If financially unable to obtain counsel, the defendant has the
right to a courtappointed attorney in a public housing eviction case that alleges breach of
lease under Minn. Stats. §§504B.171 or 504B.285.

[:1Check box if lease or rental property qualifies as "public housing" as that term is used in
Minn. Stat. §504B.268.

1] Check box if the
tenancy is affected by a federal or state housing subsidy program through
project-based federal assistance payments, the Section 8 program, as defined in Minn. Stat. §
469.002, subd. 24; the lowincome housing tax credit program; or any other similar program.
Name of ageiicy that administers the housing subsidy program:

El Check box if there are more than two plaintiffs or more than two defendants. List the
information for the other parties on the A ddil'iOIicIl Litiganls Form, I'IOU 125.

1. Rental Agreement (Lease)

Landlord leased or rented the property located at:

122C West 4"' Street
Duluth, MN 55806

El includes a garage does not include a garage

This agreement for the property, beginning from September 1, 2021 and ending August 31, 2022
is an El oral X written agreement and is for: (check all that apply)
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM

El Payment of Rent. The current due and payable under this agreement each month is
$950.00 due on the lst day of the month.

E] Exchange of Services. The agreement for exchange of services was: (explain in
detail)

IMPORTANT! If there is a written agreement (lease), you must include the written
lease, 01' most recent written lease in existence, and airy relevant lease addenda, with this
Complaint. If alleging nonpayment of rent, you must attach a detailed, itemized
accounting, or statement listing the amounts due.

2. Notice of Right of Possession by Landlord for Residential Leases.

Landlord having present right of possessimi of the residential property, has followed
Minn. Stat. § 5043181 by: (you must check either A and B, or C)

X a. Informing the Tenant, either in the rental agreement or otherwise, before the
beginning of the tenancy, the name and address of:

o The person authorized to manage the property; AN 1)
o A landlord or agent authorized by the landlord to accept service of process
and receive and give receipt for notices and demands; ANl)

Ib. Posting in an obvious place on the property a printed or typewritten notice that
includes the information above. Explain anywhere the notice is posted:
Notice was sent via USPS, email and delivered personally to Tenant's door.
OR

0. The Tenant knew of the name and address of the person authorized to manage the
property and accept and give receipt for notices and demands, at least 30 days
before the ﬁling of this action, because:

Letter sent to Tenant dated Nov. 10, 2022, with all the information set forth
above.

3. Grounds for Eviction.

Landlord seeks to have the Tenant cvictctl for the following reasons: (check all that
applb')

El a.The Tenant is still in possessiori of the premises and has failed to pay rent for the
month(s) of in the amount of $950.00 per month,
payable on the lst day of each month, for a total due of 3S
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM

For Residential Leases Only. A written notice pursuant to Minn. Stat.
§ 5043321 subd. 1a was served on Tenant (date), which was at least
14 days before ﬁling this evictiorr complaint. The written notice is attached.

Ib. The Tenant failed to vacate the property after' written notice was giveli: (check all
that apply)

Landlord gave written notice to Tenant on March 25, 2024 and April 19, 2024
to vacate the property by May 31, 2024. Tenant has faileci to vacate the property.
Notices are attached.

D Tenant gave written notice to Landlord on (date) that they
would vacate the property by (date). Tenant has failed to vacate
the property. Attach copy ol'writtcn notice to vacate.

Dc The Tenant has broken the terms of the rental agreement by the following:
(Explairi in detail)

o The speciﬁc clause of the agreement that was violated;
o The dates and description of what happened that violated the agreement;
and
o Which sectiori of the agreement gives the landlord the right to evict the
tenant for' breaking the terms of the rental agreement.

Dd. The Tenant has breached the covenants as stated in Minn. Stat. § 50413.17] by:
(Explain, in detail, which happened including dates.)

De. The Tenant defaulted on the mortgage, and the property has been sold at a
Sheriff's sale. The Redemption period has expired, and Plaintiff is entitled to
possession.

Df. The Tenant defaulted on a Contract for Deed and is holding over after proper
cancellation of the contract.

4 The Landlord seeks judgment against above Tenants for restitution of said premises plus
costs and disbursements.

Tenant #1 date of birth: / Unknown
Tenant #2 date of birth: / Unknown
[fa tenant is a business, leave {his seclion blank/or that tenanl.
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM

6. Military status for Tenant:

Tenant #1 Cl is in the military service/ D is not in the military service / Unknown
Tenant #2 El is in the military service/ [I is not in the military service / Unknown
If a tenant is' a business, leave this section blank fOI' that tenant.
I declare under penalty of perjury that everything I have stated in this document is true and
correct. Minn. Stat. § 358.116.

Dated:
11M l&, 2024 .3 -

Diana Bouschor Dodge, Atty. #0256821
Attorney fox' Plaintiff
230 West Superior Street, Suite 800
Duluth, MN 55802
218-722633 l
ddodgedDduluthlaweom
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM
M.S.B.A. Real Property Form No. 41 (2000, Revised 2011)
Minnesota Standard Residential Lease LEASE / PAGE 1 of 10

MINNESOTA STANDARD RESIDENTIAL LEASE
© Copyright 2011 by Minnesota State Bar Association, Minneapotis, Minnesota. BEFORE YOU USE OR SIGN THIS LEASE. YOU SHOULD
CONSULT WITH A LAWYER TO DETERMINIE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State
Bar Association disclaims any liability arising out of use of this form.
The Office of the Minnesota Attorney General certiﬁes that this contract complies with the requirements of Minn. Stat. §325G. 31 (1999).
CERTIFICATION OF A CONTRACT BY THE MINNESOTA ATTORNEY GENERAL UNDER THE PLAIN LANGUAGE CONTRACT ACT IS NOT
OTHERWISE AN APPROVAL OF THE CONTRACT'S LEGALITY OR LEGAL EFFECT

Landlord and Tenant agree to the following tenns. .

T ENANTS. (Bach adult who signs this Lease is a "Tenant.") IL 'Q \ 5m
~

'» I/\ Ft We («\A'klj' ~ l 'I/LW

OTHER OCCUPANI'.S he: 1/! m 8 K Men/r
Ckfl'7/IW'\ L/r'
2"'7'3ytxLOI
LANDLORD. /I I» #3;- a/ A, 2<_ '
The Premises ("Promises ') includes dwcllirt unit nninber I1 1
g
,

We S
-
_

at (sheet address) 121 C ST /
(city) 75 L; /u7 72} MN (zit) code) (270 6
and garage no. storage unit no. marking stall no.
/L ﬂ) Orv sz
,

Term of Lease. (Write number of mo ths or "month to-month. ")
Starting Date 1' Pos on
" Z]
Ending Date ofPossessioli (iflcnown)
""
3 I " 2 I?"
Monthly Rent $ Oc'l
Security Deposit $ 4 Si 7, 0 (T 0
Late Fee $ 7 ﬂ. '0 (In no cascmay the late fee exceed 8.0% of the overdue rent payment. Minn. Stat. Secti011504B.177.)
OTHER CHARGES (specify)

RECEIPT. RECEIVED mum TENAN T BY LANDLORD AT THE SIGNING OF THIS AMOUNT
LEASE:
FIRST MONT H'S REN'I' PAID IN ADVANCE c; COASQ
FIRS'T MONTH'S UTILITIES PAID IN ADVANCE (See Choices 3 and 4 beIow.)
LAST MONTH'S RENT PAID IN ADVANCIB
SECURITY DEPOSIT PAID IN ADVANCE /¢/2§L a 0
FIRST MONTH'S RENI' F011 GARAGE PAID IN ADVANCE
FIRST MONTI'I'S RENT FOI{ STORAGE UNIT PAID IN ADVANCE
OTHER (Specify) PAID IN ADVANCE
TOTAL RECEIVED FROM TENANT:

Notice. Under Minnesota law. the landlord of a singleanetered residential building is the bill payer responsible and shall be the
customer of record contracting with the utility for utility services. Utilities and Services will be paid as follows.
UTILITIES: Included in Rent Not Included in Rent; Paid or Billed Separately
Choice No. 1 Choice No. 2 Choice No. 3 Choice No. 4
LANDLORD PAYS TENAN'I' PAYS 'I'BNAN'I' PAYS TENANT PAYS
SERVICE PROVIDER DIRECTLY TO LANDLORD LANDLORD FOR A
SEI{VICE PROVIDER (Reunburscmeut for PORTION OF
separately metered» utility or UTILITIES OR
(Tenant's Premises has a for' service for Tenant's SERVICES
separate meter and Premises with separate (Tenant's Premises docs
UTILITY OR separate billirig or billing or accotmt in no; have a separate
SERVICE (Utilities and services are account in Tenant's Landlord's name.) nictcri)
included in rent.) name.) (ADDED TO RENT'.) (ADDED TO RENT)
>>>>>>> CHECK ONLY ONE COLUIIIN FOREACH UTILITY OR SERVICE <<<<<<<
Natural Gas lx/I
Water & Sewer V'"
Electricity lag/r
Fuel Oil

Garbage
Collection V,//
Telephone
Cable
Communication
Association Fees
Other Utility or
Service (Specify)
NOTE: lfcither Choice No 3 or Choice No. 4 is chocketl for" my utility 01'
service, Landlord must complete Part 35 of this Lease before Tenaiit signs.
C" SITE NO] E [F CHOICE TO- 3 0R CI{0I('E NO'
I

Caution: Minneapolis and other cities might prohibit the apportioniiig ot' 4 IS CHECKED FOR ANY UTILITY OR SERVICE.
utilities (Choice No. 4).
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM
M.S.B.A. Real Property Form No. 41 (2000, Revised 2011)
Mignesota Standard Residential Lease LEASE / PAGE 2 of 10

56 APPLIANCES INCLUDED
CIyK '
REFRIGERATOR CLOTHES WASHER
58 ______ KITCHEN STOVE _ CLOTHES DRYEI{
59 ____ MICROWAVE __ WINDOW UNIT AIR CONDITIONER
6|)
_ DISHWASHER __
GAS GRILL
6] _ TRASH COMPACTER __
OTHER

The erson authorized 0 ma '
ethe Pr is is
Naiine )7? i Ilzkéé :3}? {37" V\ AC" . I
Street Address, (not PO. Box) '3 if?) i C's at or i. l S O [Léi
City, State, Zip code \bol "vim MM 1:3"4'4 / l'Telephone '7 ~ '1 if
"fl?
The Landlord or agent authorized to accept service of process arid receive and give receipts for' notices is
'7 $7 'g
Name
Street Address, (not PO. Box)
City, State, Zip code Telephone
List any additional agreements here. Attach a copy of each additional agreement to eacli copy of the Lease.

TERMS OF THIS LEASE.
1. OCCUPANCY AND USE. Only the Tenants and Occupants listed above may live in the Premises,
except as allowed
by law. The Premises, Utilities and Services shall be used only for common residential uses.

2. RENT. 'l'ena Rcii 'n advance on before the ﬁrst day of every month. Tenant shall pay the Rent at
m 13/tshalipay
z
9'
"3 t/ 6.. or other reasonable place requested by Landlord.

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

4. SECURIT'Y DEI'OSI'I'. Landlord may use the security deposit
A. To cover Tenant's failure to pay rent or other money due Landlord.
B. To return the Premises to its condition at the start of the tenancy except tor ordinary wear and tear.

Within 21 days after the tenancy ends and Tenant gives Landlord a forwarding address, Landlot'd shall return the full
security deposit with interest or send a letter explaining what was withheld and why.

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

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

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

8. ATTORNEY'S FEES. The court may award reasonable attorney's fees and costs to the party who prevails iii a
lawsuit about the tenancy.

9. PREMISES INSPECTION. Landlord and Tenant inspected the Premises together and signed an inspection sheet
before signing this Lease. A copy is attached. When the Lease ends, Landlord and Tenant shall inspect agaiii and
complete a second inspection sheet.

10. LANDLORD'S PROMISES.
A. The Premises and all common areas we ﬁt for the use intended by Landlord arid Tenant.
B. Landlord shall make necessary repairs. Landlord need not repair damage caused by the willful or irresponsible
conduct of Tenant, Tenant's guests, or a person under Tenant's direction or control.
C. Landlord shall keep the Premises up to code unless a violation of the codes has been caused by the willful or
irresponsible conduct of Tenant, T enant's guests, or a person under Tenant's direction or control.

1]. 'I'ENANT"S PROMISES.
A. Tenant shall not allow damage to the Premises,
B. Tenant shall not allow waste ofthe Utilities or Services provided by Landlord.
C. Tenant shall make no alterations or additions.
I). rTenant shall remove no ﬁxtures.
E. Tenant shall not paint the Premises without Landlord's writteii consent.
F. Tenant shall keep the Premises clear] and tidy.
G. Tenant shall not unreasonably disturb the peace and quiet of others.
H. Tenant shall not interfere with the management of the property and shall not allow Tenant's guests to do so.
I. Tenant shall use the Premises only as a private residence.
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM
M.S.B.A. Real Property Form No.41 (2000. Revised 2011)
Minnesota Standard Residential Lease LEASE / PAGE 3 of 10

J. Tenant shall not use the Premises in any way that is unlawful,
illegal, or dangerous.
K. Tenant shall not use the Premises in any way that would cause a cancellation, restriction or increase in premium in
Landlord's insurance.
L. Tenant shall not use or store in or near the Premises any inﬂammable or explosive substances in at) unsafe manner.
M. Tenant shall notify Landlord in writing of any repairs to be made.
N. Tenant shall recycle or dispose of trash in the outside containers provided for those
purposes.
12. TENANT'S TELEPHONE. Tenant shall give Landlord the 'l'enant's home phone number within 2 days after
service is started or the phone number is changed.

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

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

15. DAWGE OR INJURY TO TENANT OR TENANT'S PROPERTY. Landlorti is not responsible for any
injury or damage that was not caused by a willful or negligent act or failure to act of Landlord. 'l'enant may obtaiii
Renter's Insurance

16. NOTICE OF DANGEROUS CONDITIONS. Tenant shall promptly notify Landlord ofany conditions that
might cause damage to the Premises or waste Utilities or Services provided by Landlord. The notice may be oral or in
writing.

17. SUP-LETTING. Tenant shall not sublet part or all of the Premises without Landlord's written consent. Tenant
shall not assign this Lease without Landlord's written consent. The consent shall not be
unreasonably withheld or
delayed.

18. MOVING OUT OR HOLDING OVEIL Tenant must move out not later thzm l :59 pm. on the Ending Date.
l
If Tenant occupies the Premises after the Ending Date with Landlord's peimission arid this Lease has not been renewed
nor a new Lease made, this Lease becomes a monthtomonth lease under its original terms.

19. NOTICE IF LEASE BECOMES MONTHTOMON'I'H If this Lease is or becomes month~toymonth, written
notice is required by Landlord or Tenant to end the Lease. The notice must end the lease on the last
day of a mouth and
must be received before the ﬁrst day of that month. F or example, to end a month~to~rnonth lease on
April 30, the notice
must be received on March 31 or earlier.

20. VACAT'ING. When moving out, Tenaiit must:
A. Leave the Premises in the same condition as at the start of the Lease, except for ordinary wear and tear and ﬁre or
casualty loss.
B. Completely vacate the Premises, including storage units, garage and parking stalls.
C. Give Landlord a forwarding address.
D. Give Landlord all keys and personal property issued to Tenant for Tenant's use such as garage door openers, and
tools. If Tenant does not return all keys within 24 hours of vacating, Landlord may change the locks and charge
reasonable costs to Tenarit.

21. PREMISES DES'FROYED, UNINHABITABLE Olt UNFI'I' F012 OCCUPANCY.
A. If the Premises is destroyed or becomes totally uninhabitable or completely unﬁt for occupancy through no fault
or neglect of Tenant or a person under Tenant's direction or control, either Landlord or Tenant
may end this Lease.
To end the lease, Tenant or Landlord shall give prompt writteii notice to the other. Rent shallbe prorated as of the
date the Premises became unﬁt for occupancy.
B. If the Premises is destroyed or becomes totally uninhabitable or completely unﬁt for occupancy through the fault
or neglect of Tenant or a person under Tenant's direction or control, Landlortl may end this Lease. Landlord shall
give prompt written notice to Tenant.

22. BREACIi OF LEASE[REEN'I'RY CLAUSE]. If Tenant materially breaches this lease, Landlord may do these
things.
A. Demand in writing that Tenaiit immediately give up possession of the Premises. If Tenant does not give in)
possession, Landlord may bring an eviction action (unlawful detaincr action).
B. Demand in writing that Tenant give up possessiori ot' the Promises to Landlord at a Gemini date iii the future. If
Tenant does not give up possessiori on that date, Lairdlor'd may bring an} evictiorr action (unlawful detainei' action).
Landlord may accept rent for the period up to the date possession is to be transferred without giviiig up Landlord's
right to evict.
C. Bring air eviction acti()n immediately (unlawful detainer action).
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM
M.S.B.A. Real Property Form No.41 (2000. Revised 2011)
Minnesota Standard Residential Lease LEASE / PAGE 4 of 10

23. DUTY TO PAY RENT AFTER EVICTION OR SURRENDER. Rent is due under this Lease even if Tenant
surrenders the Premises or is evicted by Landlord. Landloi'd shall make
good faith efforts to mitigate damages.
2'}. SUBORDINATION. This leaseis subordinate to any mortgage againstthe Premises. No new owner or lender shall
disturb Tenant's occupancy, but shall have Landlord's remedies if 'l'enarit defaults. Tenant shall
sign documents
reasonably requested by Landlord. Tenant appoirtts Landlord as attorneyin-fact to sigri such documents tor any
mortgagee.

25. EXEI{CISE OF RIGHTS ANI) REMEDIESJZither party may use any or all ofits legal rights and remedies. The
use of one or more rights or remedies is not an election ol'remedies.

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

27. TERIVIS. Where appropriate, singular terms include the plural and plural terms include the
singular.
28. MISREPRESENTATIONS. Any materially false statement made by either Landlord or Tenant to the other that
22.5 induces the signing of this Lease is a breach of this Lease.

29. ATTACIMENTS ARE PART OF LEASE. N 0 ORAL AGREEMENTS. Attachmeiits to this Lease, such as
Landlord's building rules, if any, are a part of this Lease. No oral agreements have been made. This Lease with its
218 attachments is the entire agreemeiit between Landlord and Tenant.
229

2]" 30. NOTICES. A notice or demand mailed to or handed to any one ol'the Tenants named above is notice to all Tenants
2']

232 31. NOTICE OF PIlOHIBlTI()N AGAINS'P UNLAVW'UL ACTIVITIES.
253 A. Landlord and Tenant shall not unlawfully allow controlled substances in the Premises or in the common area or
curtilage of the Premises. The Premises will not be usctl by Tenant or persons under Tenant's control to
235 manufacture, sell, give away, barter, deliver, exchange, distribute orposscss with the intent to sell, give away, barter,
236 deliver, exchange, or distribute a controlled substance in violatioii of any local, state or federal law.
237 B. Landlord and Tenant shall not allow prostitution or prostitution-related activity as deﬁned in MINN. STAT. §6 l 7.80,
233 Subdivision 4-, to occur on the Premises or in the common area arid curtilage of the Premises.
2'19 C. Landlord and Tenant shall not allow the unlawful use or possession of a ﬁrearm in ViOiﬂtlOll of MINN. STAT.
240 §609.66, Subdivision la, §609.67, or §624.7l3 on the property, its lands, or commit area.
2"
242 The following notice is required by MINN. STAT, {55048305. A seizure under §609.53l7, Subd. 1, for which there is
243 not a defense under {36095317, Subd. 3, constitutes unlawful detention by Tenant.

7.45 32. LEAD PAINT WARNING AND DISCLOSURE. HOUSING BUILT PRIOR TO I978.

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust cat] pose health hazards
if not managed properly. Lead exposur'c is especially harmful to yourig children and pregnant women. Before renting
prc-l978 housing, lessors must disclose the presence of known leadbased paiiit and/or lcad-basctl paint hazards in the
150 dwelling. Lessees must alsr) receive a federally-approved pamphlet on lead poisoning prevention.

A. Hazards Disclosed. Landlord knows of the following leadbased paint or lead~bascd paint hazards on the Premises
(If none, state "none."

256

257 B. Reports Disclosed. Landlord has provided Tenant with the following, which are all records arid reports available
to Landlord pertaining to leadbased paint or lead-based paint hazards on the Premises. (If no such records or reports
are available to Landlord, state "none."
260

C. Tenant's Acknowledgment. Tenant has received the records or reports noted in paragrapli 13., above and a copy
of the pamphlet, Protect Your Family ﬁ'om Lead iii Your Home, EPA publication EPA747K94001.
-
N
A: 'l'enants' initials
\
D. Agent's Acknowledgment. Agent has informed Landlord of Landlord's obligations under 42 U.S.C. 4852(d) and
is aware of agent's responsibility to ensure compliance.
27f)

Agent's initials

/
'

By b Agent certify the accuracy of the statemetits in the above paragrapli.
3
1' w, Landlord, \

g/I/L, ' \X
l

Tenaftvamd
275 "1 / 6t~'i-~2-i
\
Landlord Date '
Date Agent Date
Tb\\ant
7. 78 33. CHANGES TO LEASE. Landlord arid Tenant may change the terms of this Lease in writing.
27')

Hit) 34. SMOKING. (check one) [:1 Tenant may! allow smoking on the Premises.
282
E Tenant shall not allow smoking on the Premises,

28} 35. U'l'ILlTIES SERVICIC NOTICE. Ifariy ofthe utilities orservices on Page 1 of this Lease is rebilled tb'enant
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM
M.S.B.A. Real Property Form No.41 (2000. Revised 2011)
Minnesota Standard ResidentiaL Lease LEASE / PAGE 5 of 10

1M (Choice No. 3) or apportioned by Landlord and billed to Tenant (Choice No. 4), then this Part 35 becomes part
285 of the Lease and must be completed by Landlord.
286

m A. REBILLED UTILITIES (Under Choice No.3). For each utility 01' service rebillcri to Tenant under a meter or
us account that provides service exclusively to Tenant's Premises, Landlord shall provide a copy to Tenant of each
billing
statement from the utility provider.
290

29: B. APPORTIONED UTILITIES UNDEll A SINGLEhfETERED SERVICE (Under Choice No. 4).
m (1) Landlord is the customer of record under contract with the utility or service provider and shall pay the provider
29: directly.
194 (2) Landlord may apportiort the utility or service bill among the tenants of the building. The apportionment shall
be by following this equitable method or formula [state the formula precisely here, including the
frequency ofbillin g
29:

m for each apportioned utility or service]:
29']

2'?"

mo (3) Upon request, Landlord shall provide Tenant with a copy of eacli actual utility onse'rvice bill for the building
m.
ma
along with each apportioned services bill. /"
(4) Landlord must provide the following information for each apportioned yjh'ty billed to Tenant. For the most
:03 recent calendar' year [state year here: _____ J, the actual utility bills /iu/*acli month were:
104

ms MONTH GAS ELECI'RIC WATER/SEWER FUEL OIL GARBAGIE OTHER
305 JanuaryI

107 Fcbmary

//
303 March

it» April
no

in
May
June
/ /
312 July
/
in

:14
August

September
/
/
JlS

.m,
October

November
/ /
.u

318
7 December

Column Total
/
/
H9 Monthly
no Average*
321 *NOTE: 'this Lease is for one year or more, then Landlord and Tenant may agree to use a monthly average as
322 the good aith estimate of the monthly utilities bill as all armualized budget plan providing for level monthly
313
payme s. lfyLandlord and Tenant agree to a budget plan using monthly averages for payment of these utilities,
:24 initial here:
m Landlord Tenant Tenant Tenant Tenarit
m In subsequent lease years, Landlord shall give Tenant updated information on apportioned utilities belore changing
an Tenaiit's budget plan amount.
MR

329 instead of ﬁlling out the table above, Landlord may attach copies of the 12 monthly bills for each apportioned
no utility.
33!

332 (5) Upon Tenant's request, Landlord shall provide Tenant with copies of the actual utility 01' service bills for any
333
apportioned utility! or service for the past two years. HOWCVBI', it'Landlord acquired the building less than two years
:34 ago, Landlord shall provide copies of bills back to the date that Landlord bought the building.
as (6) If the gas, fuel oil, or electric charge is apportioned, Landlord shall notify Tenant by September 30 of each year
no that energy assistance (financial help frorn the government) may be available to pay for the gas, fuel oil, or electric
m billr This notice shall incliide the tollfree telephone number of the agency whicli administers the extent, I assistance
in program.
339

MO
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM
M.S.B.A. Real Property Form No.41 (2000, Revised 2011)
Minnesota Standard Regigential Lease LEASE / PAGE 6 of 10

34) 36. ADDITIONAL TERMS.

343
N0 'f'éTg k/ITA 04(75" [9"61ﬂ/7'7/SS/'QJ
,A/o «7 '71 cf 7%. 4157; T71 a ,4

345

J46

34R

319

150

352

X53

354

355

356

35']

359

160

Landlord and Tenant agree to the terms of this Lease,

LANDLO
// 7, ,

'7' 2'
TI'NA 8 >\\ ,

(A, LV Date '

'MgwﬂDate
\ Date KOCH"
Date

Date Date

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

TENANTS:

Date: Dane:

Date: Date:
69DU-CV-24-1370
Filed in District Court
State of Minnesota
6/12/2024 9:27 AM

REAL NORTH
RENTAL PROPERTIES

3/25/24

Rachel Fineday Smith
1220 W 4th Street
Duluth, MN 55806

Dear Rachel,

This letter serves as the required notice to terminate your lease at the property indicated above.
The lease is a month to month term, requiring 30 days notice of termination. However, we did
want to give you extra time to secure housing, therefore the lease will be terminated on May
Blst, 2024.

You are required to surrender the premises by May 31st, 2024. All personal property must be
removed from the premises and the premise is to be returned to the same condition it was found
upon move-in. Utilities are to be maintained until the end of the lease. Lastly, you are required to
return all keys when vacating the premises

Management will send a move out checklist in another letter detailing additional move out steps
and processes including cleaning checklists etc.

You are still responsible for April and May rent. Any security deposit refunds due to you minus
any applicable deductions will be sent to your new address within 21 days after you turn over
the property to us. lf you do not provide a new address, any refund will be mailed to your last
known address.

lf you have any questions please reach out.

Thank you,

Molly Stonesifer
realnorthrental@gmail.com
715600-1254

CC: USPS Mail, Front Door, email:

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