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  • Project for Pride in Living Inc vs Junail Anderson, John Doe, Jane Doe Eviction (UD) document preview
  • Project for Pride in Living Inc vs Junail Anderson, John Doe, Jane Doe Eviction (UD) document preview
  • Project for Pride in Living Inc vs Junail Anderson, John Doe, Jane Doe Eviction (UD) document preview
  • Project for Pride in Living Inc vs Junail Anderson, John Doe, Jane Doe Eviction (UD) document preview
  • Project for Pride in Living Inc vs Junail Anderson, John Doe, Jane Doe Eviction (UD) document preview
  • Project for Pride in Living Inc vs Junail Anderson, John Doe, Jane Doe Eviction (UD) document preview
  • Project for Pride in Living Inc vs Junail Anderson, John Doe, Jane Doe Eviction (UD) document preview
  • Project for Pride in Living Inc vs Junail Anderson, John Doe, Jane Doe Eviction (UD) document preview
						
                                

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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. 1 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. 2 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 3 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