Preview
27-CV-HC-24-3896
Filed in District Court
State of Minnesota
6/12/2024 1:00 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: HOUSING
Project for Pride in Living Inc.,
Plaintiff, COMPLAINT
vs.
Junail Anderson (dob 11/20/1967),
John Doe, Jane Doe,
Defendant.
Parties
1. Plaintiff is Project for Pride in Living Inc.. Plaintiff is a Landlord as that term is
defined in Minn. Stat. § 504B.001, Subd. 7.
2. Defendant is Junail Anderson. 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 617 Lowry Avenue North #115, in the
City of Minneapolis, County of Hennepin, State of Minnesota, Zip Code 55411.
5. The tenancy is affected by the low-income housing tax-credit program and is
administered through Minnesota Housing.
Conditions Precedent
6. All necessary conditions precedent have been performed or have occurred.
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27-CV-HC-24-3896
Filed in District Court
State of Minnesota
6/12/2024 1:00 PM
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 $8,843.00 + $377.00 (costs of
the action – filing fee and service fee) for a total of $9,220.00, plus any additional
amounts, or other covenants of the lease which may become due during the
pendency of this action. The amount pled not include all money owing under the
lease.
12. HUD-5382 is attached as Exhibit D.
13. Defendants’ military status is unknown.
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27-CV-HC-24-3896
Filed in District Court
State of Minnesota
6/12/2024 1:00 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: June 10, 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-24-3896
Filed in District Court
State of Minnesota
6/12/2024 1:00 PM
PROJECT FOR PRIDE IN LIVING, INC. RESIDENTIAL LEASE
NAME OF RESIDENTIAL PROPERTY:
OWNER: Hawthorne EooVillage LP
As required by Minnesota Statutes, Section 5048.181. the name and address of a managing agent to accept service 0! process and receive
and give receipts for notices and demands is named below.
MANAGEMENT: PROJEQ-T FQR PRIDE IN LIVING, Inc. Administration 8: After Hours Telephone: 612455-5100
1% fig
Frggfli'n Avg. Minneapcits MN 51495 Manager's Office Phone: 612-874-2848
Request Ier Maintenance: ganged;
SITE OFFICE ADDRESS: fit? M Ail: NI Mignemig MN @411
RESIDENTlS)': Donald Brooks 11/20/1967
' Where
appropriate. singular terms used in the Lease Include plural. and pronouns at one gender include all genders.
ADDRESS OF LEASED PREMISES: §17 Lm Av MinnaM}, MN £5311 APTfirifiNUMBER OI BEDROOMS: 1
LEASE START DATE: Jgngag 31I 2018 LAST DATE OF INITIAL [EASE PERIOD: 1W
THIS LEASE WILL CONVERT TO MONTH TO MONTH AT THE END OF THE INITIAL LEASE TERM.
MONTHLY CONTRACT RENT: £719
SECURITY DEPOSIT: 71
REQUIRED NOTICE PERIOD:
DAILY HOLD-OVER FEE: £50.00
m
LATE PAYMENT FEE: 3% FEE FOR EACH RETURNED (NSF) CHECK: £25.09
UTILITIES INCLUDED IN RENT: WATERI §EWERI TRASH
UTIUTIES PAID BY RESIDENT: TRI GAS T P
APPLIANCES FURNISHED BY OWNER: EFRI T ST VE AND RAN I A H DRY
GARAGE ANDKDR STORAGE SPACE: gage : NIA Sm
ADDITIONAL AGREEMENTS AND ADDENDA IDENTIFIED BY "YES" ARE PART OF THIS LEASE:
secungx pgeosrr AGREEMENT res
YE§
orscmsunemeno-ansgp mm ADDEEDIIM up
ggsrogm HANDBOOK YE§_
nu n o c to mar mo ooeuouu v s
Low INCOME LEASE arose was
gone LEASE AQDENDUM no
omen ADDENDA:
EL SMOIIE-F Y§§
ELMEN? NA Mom
Include any program eondi m
f
Management (acting as Agent for the Owner at the premises) and Resident(s) agree to the terms of this Lease and any attachments that
may be
made art oi lhIs Lease. Each of the Residents signing this Lease
acknowledges receipt of a full copy of ail pages of the Lease and eadr of the
g}
adtfii' at agr Iisted above the been marked 'YES' as a part of this lease.
Q
Resident git/ti
/
Resident
_
l- 6I- ZOIQ
"
D ate
Page 1 of 5
RevlsediuIy 2012
EXHIBIT A
27-CV-HC-24-3896
Filed in District Court
State of Minnesota
6/12/2024 1:00 PM
PROJECT FOR PRIDE IN LIVING, INC. RESIDENTIAL LEASE
TERMS AND CONDITIONS 0F THE LEASE
A RENTIPAYMENTIRESPONSIBILITY
1. PAYMENT: RESIDENT snail
pay MANAGEMENT the full monthly rant. and any other accrued chases. before mldnfigh! of the FIRST day of
each month white this Lease is in affect and during any extensions or renewats of this Lease. Rent must be
paid by check or money order and
at the location or iocations specified by MANAGEMENT. MANAGEMENT does not
accept cash as Rent. MANAGEMENT may accept pattial
rent payment from RESIDENT.
2. WHO IS RESPONSIBLE FOR RENT: Each RESIDENT is
Individually responsibie for paying the Iuil amount oI rent and any other money owed
to MANAGEMENT.
3. DUTY To PAY RENT AFTER EVICTION: Ii RESIDENT is evicted because RESIDENT violates a tetm oI this
Lease. RESIDENT must still pay
the full monthly rent until: 1) the Apartment is re-rented; 2) the DATE THIS LEASE ENDS; or il the Lease is
3) month-lo-monlh, the next notice
period ends. It the Apartment is re-rented for lees than the rent due under this Lease. RESlDENT will be responsible lor the difference until the
DATE THIS LEASE ENDS or. il the Lease Is month-tomonth. until the end ot the next notice period.
4, lATE RENT SERVlCE CHARGE AND RETURNED CHECK FEE: RESIDENT will
pay the late payment tee and NSF charge listed above tor
Iailure lo pay Rent by the filth ot the month and tor each returned (NSF) check. Rent is
paid when Landlord receives it. not when it is mailed.
Late rent constitutes a violation oi this lease. Rent is due on the FIRST day oi the month. The late tee listed above applies on the FIFTH
day
ol the month.
5. PAYMENT OF UTILITIES: RESIDENT must pay the utility bills that RESIDENT is
responsible for under the terms of this Lease. Failure by
RESIDENT to pay utility bills or a shut-oil in service to the Apartment is a breach ct this Lease. RESIDENT shall be responslbte tor and shaft
continuously maintain uninterrupted electric service to the Apartment. and any other utilities that are RESIDENTS responsibility as shown
above. thrctrgh the term oi this agreement and until the latter of RESIDENTS move-out date or the proper termination date cl this Lease.
B. USE 0F APARTMENT
6. OCCUPANCY AND USE: Only the persons listed above as RESIDENTS may iive in or regularly stay in the Apartment or
occupy it on a
regular basis without the advance written consent oi MANAGEMENT. RESIDENT may use the Apartment and utilities for normd residential
purposes only. No licensed or regularly conducted daycare. other than an occasional babysitting tor iamfly members or other residents at the
community. is allowed. No business use including garage sales. party sales, or other commercial activities in the Apartment or the common
areas may take place without MANAGEMENT's prior written consent. RESIDENT will not allow another
person to occupy the Apartment
without a Rental Application being completed and approved by MANAGEMENT
along with an application lee. RESIDENTS are expected to
have periodic guests and visitors at their Apartment tor social and family purposes. However. it the number of
guests and visitors is excessive
in tenns ol total number or its tenancy to disturb tellcw residents, then MANAGEMENT
may ask RESIDENT to restrict or limit the number cl
visitors. Excessive tralfic from visitors, guests at unusual hours. or tor visits ol short duration is a fisturbance and violation cl the Lease.
7. SUBLETTING: RESIDENT may not lease the Apartment to other persons (sublet). assign this Lease or sell this Lease without the
prior written
consent of MANAGEMENT.
8. RESIDENT PROMISES: 1) Not to act in a loud. boisterous.
unruly orthoughtless manner or disturb the rights ol other residents to peace and
quiet. or allow his/her guests to do so; 2) to use the Apartment as a private residence only. and not in any way that is
illegal or dmgerous or
which would cause a cancellation. restriction or increase in the
Property's insurance: 3) not to use or store in or near the Apartment any
flammable or explosive substance; 4) not to interfere tn the management and operation oi the
apartment building: and 5) that the Apartment.
common areas. or area surrounding the building will not be used by the RESIDENT .
any member oi the RESIDENT's household. any guest of
the RESIDENT. or by anyone acting under hislher control to manufacture, sell.
give away. barter. deliver. exchange. distribute. possess or use
any illegal dnrgs or controlled substances. or to engage in prostitution or any prostitution related activity. to unlawfully use or possess any
firearm. or to allow any stolen property on the premises. 6) it MANAGEMENT receives noh'ce that conduct
by RESIDENT or RESIDENT s
guests vmlates any rental licensing ordinance croonstitutes a strike. dsorderly use. or other conduct prohibited by a rental licensing ordinance.
it is a violafion 0t this Lease.
9. WATERBEDS: RESIDENTS may not keep a waterbed or other water-filled furniture in the
Apartment. RESIDENTS may only keep (t) one tish
tank of 15 gallons or less In the apartment.
10. AIR CONDITIONERS: RESIDENTS may not install window air conditioners or air conditioners in
provided sleeves without the written
permission ol MANAGEMENT. RESIDENT agrees to abide by MANAGEMENT'S Rules and Regulations regarding installation and
operation of
any permitted air conditioners.
11. ANIMALS: RESIDENTS may not allow animals or
pets of any kind in the Apartment or common areas. including visiting animals. without prior
written approval oi MANAGEMENT. In the event wn'tten permission is
granted. the RESIDENT may be required to pay an additional security
deposit for a permitted animal and agrees to follow rules and regulations regarding their animal. Failure to appropriately
manage an animal or
follow animal rules is a material violation oi the tease and
may be grounds tor eviction.
c. CONDITION OF APARTMENT AND SECURITY (DAMAGE) DEPOSIT
12. MOVE-IN REPORT: RESIDENT
adrnowledges that the Apartment has been Inspected by RESIDENT prior to signing the Lease and taking
owupancy of the Apartmeit RESIDENT is satisfied with the state cf repair and condition. including all present decorating. fixtures and
appliances. With this Lease and as ot the movein date. RESIDENT is provided with a Move-in Inspection Sheet for purposes oi
noting any
damages or deficiencies in the Apartment. Failure by RESIDENT to return such form to MANAGEMENT within two business
days oi taking
possession shall be conclusive evidence that the Apartment was received in good condition with no damages or deficiencies. The
approval by
any one RESIDENT as to condition ot the Apartment at move-in or move-out may be relied upon by MANAGEMENT as
constituting the
approval and agreement of all RESIDENTS who sign this Lease.
Resident initials '06 Agent initials J"
Page 2 of 5 Revised ruty 2012
27-CV-HC-24-3896
Filed in District Court
State of Minnesota
6/12/2024 1:00 PM
PROJECT FOR PRIDE IN LIVING, INC. RESIDENTIAL LEASE
I3. MANAGEMENT PROMISES: 1) That the Apanment and all oommm areas ate fit for use as a residential pfemises: 2) lo keep the Apartment
in teasonable repair and make nwessary repairs within a reasonable time after writteti notice by RESIDENT except when
damage is mused
by the intentional or negligent conduct oi the RESIDENT or hislher guests; 3) to maintain the Apamnenl in eompfiance with applieeble health
and safety codes except when a violation oi the health and salety codes has been caused by the intentions or negligent conduct of the
RESIDENT or hislher guests; 4) to keep the common areas clean and in good condition.
14. RESIDENT PROMISES: 1) Not to damage or misuse the Apamnent or waste the utilities provided by MANAGEMENT or allow his/he:
guests
to do so; 2) not to paint or wallpaper the Apartment. or make any strudural changes in the Apartment without the pn'or written consent oI
MANAGEMENT; 3) to keep the Apartment clean; 4) to promme givewritten notice to MANAGEMENT of any necessary repairs: 5) to notlty
MANAGEMENT immediately of any conditions in the Apartment that are dangerous to human health or safety. or which may danage the
Apartment or waste utilities provided by MANAGEMENT; 6) that when the RESIDENT moves out. the Apartment will be left in good condition.
except Ior ordinary wear and tear; 7) not to remove any fixtures or Iumishings supplied by MANAGEMENT without the written consent of
MANAGEMENT: 8) to cooperate with MANAGEMENT'S eilorts at pest control. This may include. among other things, RESIDENTS following
all instructions and recommendations of MANAGEMENT'S professional pest control provider to prepare for or assist with treatment
including
but not limited to discarding. washing or encasing contaminated personal property. emptying or cleaning cabinets, drawers and closets.
pulling
furniture away from walls and allowing extenninators to enter and treat the Apartment for initial or follow-up extermination treatments; 9)
Resident shalt not use the Apartment or other part oi the rental premises in any way that is unlawful. illegal. or dangerous.
15. SECURITY/DAMAGE DEPOSIT: MANAGEMENT may keep all or part oi the security deposit a) ior damage to the Apartment beyond
ordinary
wear and tear: and b) for rent or other money owed to MANAGEMENT. Management will return the security deposit. less allowable deductions,
within 21 calendar days oi the tennination oi the Lease if a torwardtng address has been provided by the RESIDENT. MANAGEMENT is
entitled to retain the security deposit noted above. and any other secwity deposits paid, until the tenancy is property terminated. All
RESIDENTS shall be ioinlty and severally liable for complying with the terms of this paragraph and the Lease Agreement. and any addendums
thereto. MANAGEMENT shall have no responsibility to account to more than one RESIDENT tor the return oi the security deposit, Ii more than
one RESIDENT individually occupies the premises, it shall be their sole responsibility to handle between themselves the payment and the
division ot any security deposit monies. MANAGEMENT shall not be responsible for returning any part oi the deposit. or doing an
accounting
tor the deposit. should there be e change in the identity oi RESIDENTS (roommates) prior to the expiration of the Lease or prior to the time
when all persons occupying the premises vacate. if. at the end ct the tenancy. MANAGEMENT receives more than one
lorwarding address tor
the return oi the security deposit. MANAGEMENT may return all or any part oi the security deposit to any one of addresses leit with
MANAGEMENT. To insure relum oi the security deposit. RESIDENT shall comply with any deaning or move-out instructions. Extra
cleaning,
painting or treatment to remove stains or to treat stubborn odors irom tobacco, cooking odors. or animals. are not considered normal wear and
tear and these charges will be deducted from the deposit. ln accordance with Minn. Stat. § 5043.278. Subd. 8. RESIDENT is advised that
RESIDENT may not withhold payment of any portion oi the last month's rent on the ground that the security deposit shall serve lor payment of
rent.
16. DESTROYED OR UNLIVABLE APARTMENT: if the Apartment is destroyed or damaged so it is unfit to live in due to any cause.
MANAGEMENT may. at its sole option. terminate this Lease with no obligation to transfer or relocate REIDENT. If the destruction or damage
was not RESIDENTS iault and MANAGEMENT laminates this Lease. rent will be pro-rated and the balance will be refunded to RESIDENT.
ll destruction oi or damage to the premises is RESIDENTS iault. or was otherwise caused by RESIDENT or RESlDENT's guests. then
RESIDENT shall be responsible tor rent as well as other damages. ii, in MANAGEMENT's discretion. it believes the Apartment cm be rebuilt
or restored within a reasonable period oi time. MANAGEMENT may choose to continue the Lease and pro-rate the rent tor the
period oi time
when RESIDENT may not occupy the Apartment. RESIDENT shall be responsible tor RESIDENT's relocation and
temporary living costs
during such period oi rebuilding or restoration.
. NOTICE PERIOD. NOTICE T0 VACATE. DURATION 0F LEASE AND MOVE OUT
16. NOTICE PERIOD AND NOTICE T0 VACATE: MANAGEMENT must give the RESIDENT a 30
day written NOTICE TO VACATE the premises
as well as a 30 day Notice tor rent increases or changes in Lease or house nrles. The RESIDENT must give MANAGEMENT a 30 day written
NOTICE TO VACATE the apartment. The Notice must be postmarked. posted ordetivered no later than the day before the beginning oi the
NOTICE PERIOD. The NOTICE PERIOD begins on the first day of the second month prior to the expiration oi the Lease. The Lease
expiration
MUST be on the last day oi the month no matter what date the Lease starts on.
17. FAILURE TO GIVE POSSESSION: ll MANAGEMENT cannot provide the Apartment to RESIDENT at the start oi this Lease. RESIDENT
cannot bring any action or claims against MANAGEMENT tor damages. but RESIDENT will not stan paying rent until helshe
gets possession
oi the Apartment.
18. MOVING OUT BEFORE LEASE ENDS: if RESIDENT moves out beiore the date this Lease ends. RESIDENT is responsible Ior rent.
utilities.
and any other tosses or costs. including court costs and attorney's tees. incurred by MANAGEMENT as a result oi RESIDENTS move-out.
19. TERMINATION 0F LEASE WITH SPECIFIED ENDING DATE: ti RESIDENT wishes to move out oi the
Apartment the date the Lease ends,
RESIDENT must give MANAGEMENT prior written notice equal to the NOTICE PERIOD oi the Lease. if the RESIDENT tails to give proper
notice, MANAGEMENT may a) extend the Lease for the NOTICE PERIOD and b) raise the rent. ll RESIDENT stays ln the Apartment after the
DATE THIS LEASE ENDS with approval oi MANAGEMENT. and RESIDENT and MANAGEMENT have not renewed this Lease or entered into
a new Lease. this Lease shall be extended under its original terms and conditions herein except a) the length oi tenancy shall be
changed to
month-to-month. and b) MANAGEMENT may raise the rent.
Resident initials m Agent initials'7f_
Page 3 of 5 Revised Jury 2012
27-CV-HC-24-3896
Filed in District Court
State of Minnesota
6/12/2024 1:00 PM
PROJECT FOR PRIDE IN LIVING, INC. RESIDENTiAL LEASE
20. TERMINATION AND ALTERAflON 0F MONTH-TOMONTH LEASE: When the Lease is monlhm-nmlh. MANAGEMENT and RESIDENT
may terminate the Lease by giving the other patty written notice equat Io the NOTICE PERIOD for a month-tomth lease. A notice to cancel a
Lease is effective on the Iast day of a month. MANAGEMENT may change any of the terms a month-tomatttt Lease. tndudIng the amount of
rent, by giving RESIDENT written notice at least equal to the NOTICE PERIOD.
21. MOVING OUT OF THE APARTMENT: RESIDENT wilt move out ot the Apartment when this Lease ends previded RESIDENT or
MANAGEMENT has given to the other proper written Notice to Vamte the premises. If RESIDENT moves out without giving proper notice.
RESIDENT shall be liable lo MANAGEMENT tor any resulting losses including unpaid rent, damages beyond nonnal wear and tear. court costs
and actual attorney's fees. MANAGEMENT may charge a dally lee to the RESIDENT who holds over alter expiration oi the Lease and the
Resident agrees to pay any such hold-over fee. (See page 1 of Lease ior hold-over tee.)
RIGHTS OF MANAGEMENT
22. EVICTION: if RESIDENT violates any of the terms of this Lease. this Lease may be terminated IMMEDIATELY AND WITHOUT PRIOR
NOTICE. It RESIDENT receives written lease violation or a Notice oi Termination but does not move voluntarily. MANAGEMENT may bring an
eviction action. If RESIDENT violates a term oi this Lease but MANAGEMENT does not sue or evict RESIDENT. MANAGEMENT may still sue
or evict RESIDENT tor any other violation of any term of this Lease. MANAGEMENT'S acceptmce oi partial payment oi rent does not waive
MANAGEMENT'S right to recover possession oi the premises by tiling an eviction action in district court.
23. PARTIAL PAYMENT OF RENT: RESIDENT expressly agrees and acknowledges that acceptance by MANAGEMENT oi partial rental
payments DOES NOT and SHALL NOT constitute acceptance oi rent and shall not constitute a waiver by MANAGEMENT to further collect the
remaining amounts of the rent and late lees due. All partial payments are deemed a payment on account aid no endorsement or statement on
any check or other communication shall be deemed and accord and satisfaction and MANAGEMENT may accept such payment without
prejudice to MANAGEMENT'S right to recover the balance of any sums owed by the RESIDENT hereunder or to pursue against the
RESIDENT any additional remedies under this tease or provided by law. RESIDENT acknowledges that the MANAGMENT by accepting a
partial payment may continue at! oi its rights and remedies under the law includng bringing an eviction action as a result oi the RESIDENTS
tailure to pay the balance oi the rent and late lees owed.
24. RULES AND REGULATIONS: Any building rules, posted notices. rules and regulations. such as parking requirements. the Residmt
Handbook. and other notices that may be distributed to RESIDENTS from Ilme-totime by MANAGEMENT shail constitute provisions oi this
Lease and a violation by MANAGEMENT oi rules and regulations. any provision oi the Handbook. posted notes and regulations. or other
distribution shail give MANAGEMENT the rights under this Lease inclurfing the right lo terminate the Lease. to bring an eviction action. and to
recover damages from RESIDENT tor violation of the provisions oi such rules and mutations.
25. ATTORNEYS' FEE: In any action to eniorce the terms oi this Lease. MANAGEMENT shat be entitled to hill and collection trorn RESIDENT its
actual attorneys' tees and costs. to the extent that such attomeys' tees and costs have been paid by MANAGEMENT. whetheror not a court
case orcottectton action has been filed. It a court action. including an eviction action is brought to enforce the terms oi this Lease. the
prevaifing party may recover reasonabte attomeys' fees, induding any court costs and Tiling tees. but only to the extent that sucit party has
actually paid attomeys' fees and Is seeking a reimbursement. .
26. MANAGEMENT'S RIGHT TO ENTER: MANAGEMENT and Its authorized agents may enter the RESIDENTS Apartment. at any reasonable
time to inspect. maintain or repair the Apartment. or to do other necessary work. or to show the Apartment to tenders, insurance companies. or
potential new residents or buyers. MANAGEMENT acknowledges RESIDENT's rights under the Tenant's Right to Privacy statute whictt
provides MANAGEMENT shall make a good faith effort to give RESIDENT reasonabte advance notice under the circumstances oi
MANAGEMENT'S intent to enter, subject to the exceptions set torth in the statute. ii MANAGEMENT enters without prior notice and when
RESIDENT ls not present. MANAGEMENT shall disclose the entry by placing a written disclosure oi the entry in a conspicuous place on the
premises. A request by RESIDENT for work. repairs, or service at the Apartment shall constitute notice to RESIDENT that MANAGEMENT
intends to enter the property ior purposes oi responding to such requests.
27. MANAGEMENT'S LEGAL RIGHTS AND REMEDIES: MANAGEMENT may use its legal rights and remedies In any combination.
By using
one or more oi these rights or rernefles, MANAGEMENT does not give up any other rights or remedies it may have. Acceptance oi rent does
not waive MANAGEMENT'S rights to evict RESIDENT tor any past crexisting violation oi any term oi this Lease. MANAGEMENT's
rights
against RESIDENT shall not be waived without an express written agreement from MANAGEMENT. No delay in eniorcing MANAGEMENT'S
rights under this Lease. or acceptance oi any payment or rent. shall constitute a waiver. RESIDENTs obligation to pay rent and other amounts
due under this Lease is Independent oi other obligations ot RESIDENT. MANAGEMENT's acceptance cl rent. with or without iutl artd
complete
knowledge cl any breach oi this Lease or rules by RESIDENT or RESIDENTS guests. shall not be a bar to a subsequent action by
MANAGEMENT to evict RESIDENT and no waiver oi any rights by MANAGEMENT shall be found by any court without an express written
waiver signed by a duty authorized officer of MANAGEMENT.
28. LEASE IS SUBJECT T0 MORTGAGE: The Apartment building may be mortgaged or may be subject to a contract tor deed. RESIDENT
agrees that the rights oi the holder oi any present or future mortgage or contract for deed are superior to RESIDENTS rights. This agmement
shall be subordinate in respect to any mortgages that are now or that herealter may be placed agahst said premises and that recording of such
mortgage or mortgages shall have preference and precedence and shall be superior and prior in lien to this agreement. irrespective of the date
of recording. and the Resident agrees to execute any such agreement. without cost which may deemed necessary or desirable to iurthereftect
the subordination of this Agreement to any such mortgage or mortgages and a reiusal to execute such instrument shall be a default and
grounds tor an immediate eviction action.
Resident Initials D8 Agent initials __y_\_'_
Page 4 of 5 Revised July 2012
27-CV-HC-24-3896
Filed in District Court
State of Minnesota
6/12/2024 1:00 PM
PROJECT FOR PRIDE IN LIVING, INC. RESIDENTIAL LEASE
F. LIABILITY OF RESIDENT AND MANAGEMENT
29. INJURY T0 RESIDENT OR HISIHER PROPERTY: MANAGEMENT shall not be liable for
any damage or losses to RESIDENT or
RESIDENT's personal property unless caused by the wiltlul misconduct oi MANAGEMENT or MANAGEMENT'S
agent MANAGEMENT shalt
not liable tor personal injury to RESIDENT or RESIDENT '5
guests or for damage to RESIDENT's personal property caused by action of third
parties or other accidents or casualties. including but not limited to criminal acts. acts of nature. lire.
bursting pipes. water. sewer or sewage
backups. water leaks. seepage. explosions. any casualty or other like causes. It is the responsibility of RESIDENT to obtain renters'
insurance to cover personal property. personal liability, accident. and other insurance and medical
coverage to protect RESIDENT and
RESIDENT's guests. RESIDENT's personal promrty and improvements installed
by RESIDENT and to cover living and moving expenses in
the event RESIDENT is unable to live in the premises on a
temporary basis or must vacate due to casualty or damage. Insurance carried by
MANAGEMENT does not cover any property of RESIDENT or RESIDENT's loss of use of the
premises.
30. ACTS OF THIRD PARTIES: MANAGEMENT is not
responsible for any damage or harm caused by third parties (suctt as other residents.
guest. intruders or trespassers) who are not under MANAGEMENT'S CONTROL.
31. RESIDENTS SHALL REIMBURSE MANAGEMENT FOR:
1) Any loss. property damage, or cost of repairor service (including plumbing
problems) caused by negligence. improper use. or otherwise caused by RESIDENT. his/her agents. Iamity or guest; 2)
any loss or damage
caused by doors or windows being left open 3) all costs MANAGEMENT has because oi abandonment of the
Apartment or other violation of
the Lease by RESIDENT. such as costs tor
advertising the Apartment: 4) any loss. damage. or additional costs for repairs or service due to
RESIDENT's failure to give MANAGEMENT timely written notice of any condition in the
Apartment. or other portion of the premises rented by
RESIDENT. that requires repair. maintenance. or service: 5) all court costs and actual attorney's fees MANAGEMENT has in suit tor
eviction.
unpaid rent. storage of property tell in the Apartment or any other debt or charge. Failure to reimburse MANAGEMENTtor items 1-4 above
are material violations of the lease and grounds tor eviction.
32. WHEN PAYMENTS ARE DUE: Any amount owed
by RESIDENT is due when MANAGEMENT asks for it. regardless of MANAGEMENT'S
failure or delay in asking for any payment. MANAGEMENT can ask for
any money owed by RESIDENT before or alter RESIDENT moves out
of the Apartment. In the event MANAGEMENT
accepts partial payment of rent. MANAGEMENT does not agree to an adjusted monthly
contract and the rent shall not be adjusted by the parties without written
agreement of the parties.
G. MISCELLANEOUS
33. FALSE OR MISLEADING RENTAL APPLICATION: ll MANAGEMENT determines that
arty oral orwritten statements made by RESIDENTtS)
in the rental application or other applicant
screening documents are not true. accurate. or complete in any way. then RESIDENi's
misrepresentation is material and grounds for the lease to be terminated immediately and may result in an eviction action.
34. BUILDING RULES AND ATTACHMENTS ARE PART OF
LEASE; NO ORAL AGREEMENTS: Any attachments to this Lease are a part of this
Lease. If a term of any attachment conflicts with any term of this Lease. the Lease terrn will be
controlling. MANAGEMEN