Preview
27-CV-HC-24-3890
Filed in District Court
State of Minnesota
6/12/2024 11:52 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
HOUSII'IG COURT
Southdale Pare LLC
5201 East River Road
Suite 308
Fridley, Minnesota 55421 EVICTION ACTION COMPLAINT
Plaintiff,
vs. Court File No.
Tatyanna Donkhon g; John Doe; Jane Doe
2730 W. 66th Street
Apartment l9
Richfield, MN 55423
Defendant(s).
My true and correct name is Bridget Brine, I mn the Attorney for the Plaintiff in the
above-captioned proceeding, and I state under oath that the information contained in this
Complaint is true and correct to the best of my knowledge:
l. Progeny Information:
a. 2730 W. 66th Street
Apartment l9
Richfield, Minnesota 55423
b. The lease does not include a garage or storage unit.
2. About the Parties:
a. Plaintiff' (Landlord): Southdale Parc LLC
b. Defendantgsz: Tatyanna Donkhong 10/09/1997
3. Lease Information:
a. Lease Start Date July 10, 2023
b. Lease End Date July 9, 2024
c. Monthly Obligation $995.00, due on the first day of the month.
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4. Statutory Compliance: Plaintiff, having present right of possession of said property. has
complied with Minn. Stat. § 5048.181: Disclosing to the Defendant(s) either in the rental
agreement or otherwise in writing prior to beginning of the tenancy the name and address of
the person authorized to manage the property, and a landlord or agent authorized by the
landlord to accept service of process and receive and give receipt for notices and demands,
and the required information was posted in a conspicuous location, namely the building
entrance/lobby.
27-CV-HC-24-3890
Filed in District Court
State of Minnesota
6/12/2024 11:52 AM
5. Subsidies: Upon information and belief, this tenancy is not affected by a federal or state
housing subsidy program through project-based federal assistance payments; the Section 8
program, as defined in section 469.002, subdivision 24; the low-income housing tax credit
program; or any other similar program.
6. Reason for Eviction: Non-Payment of Rent (5048.291)
Defendant(s) failed to pay rent in full, and as of June 12. 2024, Defendant(s) are in arrears
$2582.34, calculated as follows:
Rent and/or Late Fees for April 2024 through June 2024 = $2,582.34
In addition, pursuant to Minn. Stat. § 5048.291, Defendant(s) are required to pay any
additional rent then in arrears, plus costs and expenses of $407.00 (includes the court filing
fee of $302.00, legal process and service fees of $100.00, and $5.00 in attorney fees), and
perform any other covenants of the lease, prior to Defendant(s) redeeming and being restored
to possession. Plaintiff does not waive the right to seek collection, payment, or other legal
action for any amount(s) not pled above.
A pre-eviction notice, attached, was delivered to Defendant(s) pursuant to Minnesota Statute
section 5048.321, subd. la.
7. Pursuant to Minnesota Statutes section 5048.345, subd. 1(a), Plaintiff seeks innncdiate
judgment against the above Defendant(s) for restitution of said premises, and immediate writ
of recovery of said premises, plus costs and disbursements herein.
Verification and Alfidavit of Non Military Status
I, Bridget Brine, being sworn/affirmed, state that I am the Plaintiff's Attorney in this
action, that I have read the complaint and that it is true to the best of my knowledge; that
Defendant(s) is/are not now in the military service of the United States, to the best of my
information and belief. I acknowledge that costs, disbursements, and reasonable attorney and
witness fees may be awarded pursuant to Minnesota Statutes § 549.21 1, Subd. (2), to the party
against whom the allegations in these pleadings are asserted. I declare under penalty of perjury
that everything l have stated in this document is true and correct. Minn. Stat. § 358.1 l6.
Landlord Resource Network, LLC
Dated: June 12,3024 /s/ Bridget Bririe
Bridget Brine (#022778X)
STATE OF MINNESOTA ) ss. 225 S. 6th Street, Suite 3900
COUNTY OF ST. LOUIS ) Minneapolis. MN 55402
Phone: 612-314o3177
bridget@ l1mdlordrCsourcenet
Attorney for Plaintiff
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27-CV-HC-24-3890
Filed in District Court
State of Minnesota
6/12/2024 11:52 AM
Comm-my: Soutlldale Pare, 2720 W 66th St Rlchfleld, MN 55423
leaseholdfis): Tatyanna Donkhong
Additional Ocwpam:
Leased Dwelling Adm 2730 W 66th St Apt 0-19, Richfield, MN 55423
Apartment: 2730-19
Lease'rerm Dates: July 10, 2023 July 9, 2024
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Effective Date: July 10, 2023
Total Montllly Rent: $995.00
(Itemized below)
Apartmentbeposit: $40000 Animal Deposit $000
Monthly Apartment Rent: $995.00 Animal Rent: $000
Nurnberofl'ets: 0t
Number of Service Animals: 0
Parking/Garage Rent: $000 Perkin/Game Space: NA
Oneoflnie Concession: $000 Recurrlm Concession: $000
Storageflent: 5000 Storage Space: NA
LateFee 8.00 9' late Fee Charged On: 4th
NSFFee: $30.00
Renters Imutce Only charged if acceptable proof of Renters Insurance
$20.00
Exempflon/NortCompiience Fee: is not on file
Rentisdueontltel'dayofthemonth,regardiessofholidaysandlorofflceclosures. lttheaccountbalanceisnotpaidinfd
bythecloseofbusinusontlie3rd dayotthe month,alateFeewill bechargedontheAthdayofthe month lntheamountof
8.00%oftheunpaid monthiyrentintheamomtofthe'rotai MonthiyRentlndlcatedabovemrasstateregulationaliows.
1. Lease Amman. This Apartment Lease (the 'Lease") is made and entered into between Centerspace LLP ("Landlord"),
and each individual listed above In the "Leaseholder section of the Basic Terms (each, and collectively, 'Leaseholder'), as of the
date set forth below in Landlord's signature block. Landlord is either the owner of the Community, and/or the authorized
managing agent of the Community. In consideration of the mutual covenants set forth in this Lease, Landlord leases the
apartment unit identified above (the 'Apartment") to Leaseholder, and Leaseholder leases the Apartment from Landlord. The
Apartment shall be used only as a private residence, and for no other purpose. Leaseholder shall tender the Apartment deposit
specified above (the 'Apartment Deposit") on or before the date Leaseholder signs this Lease.
Authorized Manager and Landlord authorized to accept service of process and receive and give receipt for notice and demands:
Centerspace LLP, Attn: Legal Department
800 LaSaIIe Plaza, Suite 1600, Minneapolis, Minnesota.
2. modlnmn. Leaseholder agrees and acknowledges that this Lease is subordinate to any current, subsequent or future
mortgage placed on and secured by the property that is the subject of this lease and Leaseholders authorizes Landlord or the
property Owner to execute on behalf of Leaseholder any and all documents necessary to subordinate this Lease.
3. This Lease contains the entire agreement between the parties with respect to the leasing ofthe
Apartment, and there are no oral agreements between the parties. Leaseholder acknowledges that Landlord has not made any
oral promises or representations.
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27-CV-HC-24-3890
Filed in District Court
State of Minnesota
6/12/2024 11:52 AM
4. The Apartment may only be occupied by Leaseholder and Leaseholders approved occupants, and
not by any other individual without Landlord's prior written consent. For purposes of this Lease, 'Ocwpant' shall mean any
occupant of the Apartment that has been approved by Landlord, and "('iuest'l shall mean any guest or other invitee of either
Leaseholder or an Occupant. Leaseholder is responsible for the acts and violations of any Occupant or Guest. if this Lease is
violated by any Occupant or Guest, then Leaseholder will be deemed to have violated this Lease. Guests shall not stay in the
Apartment for more than 10 consecutive days without Landlord's prior written consent.
5. Mulggig aselwlders. If this Lease has more than one Leaseholder, then each Leaseholder is Jointly and severally
responsible for paying all Rent and other sums due under this Lease. Leaseholder is jointly and severally responsible for all other
obligations of Leaseholder under this Lease. if this Lease is violated by any Leaseholder, Occupant, or Guest, then each
Leaseholder will have violated this Lease. Landlord's notice to any individual Leaseholder shall constiuite notice to each
Leaseholder.
i
I. No Sublea Leaseholder shall not sublease its interest in this Lease. Any attempted sublease in violation
of this Section is null and void and shall constitute a material breach of this Lease. Leaseholder shall not otherwise assign its
interest in this Lease without Landlord's prior written consent, which consent Landlord may grant, withhold, or condition in its
sole and absolute discretion. Any attempted assignment in violation of this Section is null and void and shall constitute a breach
of this Lease.
7. Landlord is not responsible for in Leaseholder's occupancy of the Apartment caused by
any delay
construction or any necessary repairs or cleaning, or by the unlawful hold-over of the previous Leaseholder. In such event, this
Lease shall remain in full force, subject to abatement of Rent on a daily basis during the delay. lf Landlord cannot deliver
possession of the Apartment by thirty days following the Lease Commencement Date, then Leaseholder may terminate this
Lease after such date by providing a written termination notice to Landlord. Notwithstanding the foregoing, Rent shall not
abate, and Leaseholder shall not be entitled to terminate this Lease, if the delay is for cleaning or repairs that do not reasonably
prevent Leaseholder from occupying the Apartment.
8. The initial minimum term of the Lease is outlined as the Lease Term Dates defined
above. This Lease will automatically renew on a month-to-month basis unless either party gives at least 60 days written notice of
termination or intent to move out at the end of the lease term. Any termination notice by Leaseholder pursuant to this Section
shall comply with all of the requirements of a "Move-Out Notice" that are set forth below. in the event the lease renews on a
month-tomoritli basis, rent will be adjusted to current month-to-month rental rate.
9. .Lease (ham. No rent increases or changes to the Lease shall occur before the initial Lease Termination Date, unless
agreed to by both parties in writing, except for Landlord's reasonable changes to the Community Rules of the Lease, Addendum
and/or the Resident Handbook. if this Lease automatically renews on a month-to-month basis, then Landlord may change any of
the terms of this Lease, including increasing Rent. as of the first calendar day following the initial lease termination date. The
Lease will be deemed modified as of the specified date, without necessity of Leaseholdefs signature. unless Leaseholder
provides its termination notice.
10. Ml» Leaseholder shall pay to Landlord the Monthly Apartment Rent and all other charges set forth above in advance and
without offset or deduction, commencing on the Lease Start Date, and continuing on the first day of each calendar month during
the terrnof this Lease. Leaseholder shall pay all Rent to Landlord at such place and in such manner as Landlord may from time to
time designate: in writing. Leaseholder shall pay all Rent without Landlord's previous demand, invoice or notice for payment.
Landlord and Leaseholder will prorate Rent, on a per diem basis, for any partial month within the term of the Lease. Leaseholder
shall pay Rent electronically as set forth below. Leaseholder agrees to remit payment for the full balance due on the account,
including rent and any additional charges. At Landlord's option, Landlord may apply money received from Leaseholder first to
any of Leaseholder's unpaid obligations, and then to current Rent. Leaseholder's obligation to pay Rent is independent from any
of Landlord's covenants, obligations, warranties or representations in this Lease and failure to pay Rent when due is deemed a
material breadi of this Lease. Leaseholder agrees and understands that the payment of rent is not proportional in any way to the
use or availability of any community amenity of any kind, but for the use and occupancy of the Apartment identified above.
11. litias db . Leaseholder agrees to pay for all utilities, utility deposits, charges, fees, or service charges
for all utilities monthly and will not allow utilities to be disconnected or service interrupted until the lease term or Leaseholder
possession end. Payments made may be applied to all outstanding balances before current balances. if any specific utilities are
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27-CV-HC-24-3890
Filed in District Court
State of Minnesota
6/12/2024 11:52 AM
billed to Community and then divided and billed to Leaseholder, Landlord will attach a Utility Addendum to this Lease.
12. ic Fu Transfer ACii i . Unless otherwise agreed in writing, Leaseholder acknowledges that all
Rent shall be paid by electronic fund transfer using ACl-I, Debit Card, Credit Card and/or Cash Payment Program. Leaseholder
agrees to pay any fees associated with payment processing.
13. med Pa if Leaseholder does not pay Rent on or before the date listed
above. then Leaseholder shall be in default under this Lease, and Leaseholder shall also pay Landlord a late fee based on the'
balance of the monthly unpaid rent, including pet, garage, storage and other additional rental fees, as set forth above. Late fee
must be included with the delinquent rent payment. Leaseholder acknowledges and agrees that said late fee is liquidated
damages and is fair and reasonable. Leaseholder shall also pay a fee for each returned check or rejected automatic electronic
draft. The fee amount shall not exceed state restrictions for which the Community is located. Leaseholder accounts that receive 2
returned payments frorn any source will enter a probationary period and may have restricted payment methods.
14. indgmm grid Hold Hanna. Leaseholder shall release, indemnify, defend, and hold harmless Landlord from and against
all claims, actions, demands, liabilities, damages, costs, penalties, losses or expenses (including without limitation reasonable ;
attorneys' fees) arising from: (a) any breach or default by Leaseholder in the performance of any of Leaseholder's covenants or
agreements in this Lease; (b) any misconduct or negligent act or omission of Leaseholder, or of any Occupant or Guest; (c) any
accident, injury, occurrence or damage in, about or to the Apartment; and (d) to the extent caused in whole or in part by
'
Leaseholder (or by any Occupant or Guest), any accident. injury, occurrence or damage in, about or to the Community.
Leaseholder acknowledges and agrees that if any federal, state, county, city or other municipality statute, ordinance, rule' or
case law provides that Leaseholder is entitled to recover their reasonable attorney's fees, costs and disbursement in any action
Leaseholder is entitled to bring against Landlord or the Owner under any such statute, ordinance, rule or case law, then Landlord
shall be entitled to recover its attorney's fees, costs and disbursements if it is the prevailirrg party in such action brought by
Leaseholder under the same circumstances as Leaseholder.
15. Notig. Any and all notices to be delivered to Leaseholder pursuant to this Lease or otherwise shall be deemed delivered
and received by Leaseholder when slid under the Apartment door, taped to the Apartment door, handed to any Leaseholder,
emailed to any Leaseholder, texted to any Leaseholder, or mailed to any Leaseholder at the Apartment address by 0.5. Mail or
Certified Mail or mailed to any forwarding address provided by Leaseholder. Leaseholder shall provide and maintain at all times
an updated email address and phone number with Landlord. Leaseholder shall also provide an emergency contact including
name, address, email and phone number to Landlord.
16. Renters insurang. The Landlord's property and liability insurance does not protect Leaseholders, Occupants or Guests
against any loss or damage to personal Property from any cause, or cover any liability for loss or damage caused by Leaseholdel's
actions or those of any Occupants or Guests. Leaseholder is liable to the undiord and others for loss or damage caused by;
Leaseholder's actions or those at any Occupants or Guests. Leaseholder agrees to maintain, at Leaseholdei's sole expense,
during the Term of the Lease and any subsequent Leases, including month-to-month terms, a Renters insurance policy satisfying
all requirements set forth in this Section and Leaseholder agrees to provide accurate and current evidence of such Renters
insurance to Landlord. Leaseholder understands and agrees that Landlord may have a third-party assist Landlord in obtaining,
reviewing and performing certain Landlord evidence of the Renters insurance. To ensure minimum protection against any such
liability, Leaseholders are required to maintain an insurance policy with (a) an insurance company acceptable to Landlord, (b)
minimum coverage of $100,000 in personal liability insurance coverage, (c) inclusion of coverage for all Community damage
and/or any bodily harrn arising from or related to Leaseholder's or Occupants or Guests, (d) All leaseholders occupying the
dwelihig must be listed on the poiicy of record (e) "Additional interest" listed as: Centerspace, LLP, (f) policy change notifications
delivered to the "Additional Interest" party. if Leaseholder fails to provide valid and approved proof of Renters Insurance to
Landlord, or fails to maintain a valid and approved Renters insurance policy, Leaseholder shall pay to Landlord, on a monthly
basis or at any time no evidence of insurance is on file with the Landlord, a "Renters Insurance Euemption/Non-Compiiance
Fee" defined above. The Exemption Fee Is a flat, non-prorated amount and shall be deemed to be additional Rent. The
Exemption Fee is not insurance or a waiver of Leaseholder's liability for damages or injuries. Leaseholder acknowledges that
Agents of Landlord are not insurance agents and cannot advise on this insurance requirement or where to obtain insurance. At
Leaseholder's discretion and sole expense, Leaseholder may also purchase additional Renters insurance which covers
Leaseholder's personal property and belongings.
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27-CV-HC-24-3890
Filed in District Court
State of Minnesota
6/12/2024 11:52 AM
17. Landlord has the right to regulate the time, manner. and plact of parking of all cars, ands, motorcycles, bicydes,
trailets, and recreatlonal vehicles at the Community (collectively, "Vehicle"). Leaseholder has the right to use, in common with
other Leaseholders and guests, any unrestricted parking areas located at the Community. Landlord has the right to designate the
parking areas of the Community as either restricted or unrestricted. Neither Leaseholder (nor any Occupant or Guest) shall have
any right to use any restricted parking area at the Community, unless such right has been specifically granted to Leaseholder by a
separate Parking Addendum to this Lease. Leaseholder assumes the risk of using such parking at the Community and Landlord is
not responsible for any loss or theft of, or damage to, any vehicles (or the contents thereof) parked at the Community. Landlord
has the right to have any unauthorized or illegally parked Vehicle towed or removed at the Vehicle owners expense, without
notice, and will not be liable for any resulting loss or damage to such Vehicle or personal property during or after the Vehicle is
towedfor removed. A Vehicle unauthorized or illegally parked include, but is not limited to, (a) a Vehicle with a flat fire, missing
wheels. or up on blocks; (b) a Vehicle without a current license plate; (c) a Vehicle parked outside designated areas or in
prohmited areas; (d) a Vehicle belonging to a former Leaseholder; or (e) a Vehicle owned by a Leaseholder, Occupant or Guest
after Landlord or emergency personnel have given reasonable notice to move the Vehicle for emergency services. maintenance,
or snow removal. Leaseholder agrees to use authorized parking or garage space for authorized vehicle(s) only and not to place or
store other belongings of any kind for any amount of time. Leaseholder agrees that vehicle maintenance shall not be performed
at the Community.
u. W. Leaseholder (and each Oocupant and Guest) shall exerdse due care for their own safety and security,
and for the safety and security of others, and shall immediately dial 911 to report any fire, smoke, suspected criminal activity,
serious injury, or other emergency involving imminent harm or damage.
19. Landlord shall furnish detection devices required by applicable law and will test said detection devices
to see that they are in working order as of the Lease Commencement Date. Leaseholder acknowledges and agrees that it is the
sole responsibility of Leaseholder to check and test all detection devices in the Apartment on a regular basis to confirm that the
detection devices are operable and functioning properly. if a detection device is battery operated (or has a battery backup), then
Leaseholder shall replace such batteris as necessary during the term of the Lease. Leasehoider shall immediately notify
Landlord in writing if Leaseholder is unable to fulfill its obligation to test the detection devices and to replace batteries.
Leasehoider shall not damage, alter, remove, or disable any detection devices in the Apartment or at the Community. Landlord
is not liable for damages or injury caused by (a) Leaseholder's failure to test the detection devices, (b) Leasehoider's failure to
notify Landlord of any malfunctioning or inoperable detection devices, (c) theft of or vandalism to any detection devices (or
batteries), or (d) any false alarms. Leasehoider agrees that if any detection devices are found to be missing during Leaseholder's
tenancy or at the move out inspections. Leaseholder will be charged for the time and materials for purchasirig and installing such
missing device. Landlord may provide technology and detection devices to enable Resident to have a 'srnart apartment,"
including but not lknited to, appliances, hub, door locks, smart switchis), and thermostats and other technology mat may
become available at the Community. It is anticipated that the technology and detection devices will be provided by a third~party
provider ("Provider"). Resident expressly consents to (a) Landlord providing to Provider, data concerning Resident (lnduding
certain personally identifiable daa, including name, email, and unit number), and (b) Provider's collection, control, maintenance,
storage, processing, transmittal and use of Resident information and data collected through the Provider's assodated website
and/:or app for purposes consistent with providing the technology to Resident.
Io. unmrd fig Liable. Landlord is not liable to Leasehoider (or to any Occupant or Guest) for personal hiury. property
damage, or property loss from any cause, including without limitation from fire, smoke, rain, flood, water leaks, hail, ice, snow,
lightening, wind, explosions, utility stoppage or interruption, gas leaks. dieft, or vandalism. Landlord is not liable to Leaseholder
(or to any Occupant or Guest) for injury, property damage, or property loss resulting from the criminal, willful, or negligent acts
or omissions of other persons. Leaseholder acknowledges that Landlord is not obligated to furnish security personnel, security
lighting, gates, fences, or any other form of security for the Community, and that Landlord is not obligated to obtain criminal
history checks on any Leaseholders, vendors, or contractors at the Community. if Landlord does choose to implement any
security measures at the Community, then Leaseholder acknowledges and agrees that any sudi measures do not constitute an
express or implied warranty of security, or a guarantee to prevent or reduce crime. Leaseholder acknowledges and agrees that
due to weather conditions, it is not always possible for the Landlord to clear, or immediately clear, walkways or other areas that
are changed or impacted by the weather or other natural acts. Leaseholder will use all reasonable caution for these common
hazards while on the Community premises and be solely responsible for the failure to take such reasonable caution.
21. . or Uni . If the Apartment is destroyed, or so damaged as to be unfit for occupancy, due to
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fire or any other casualty or cause, then Landlord may elect to terminate this Lease by giving Leaseholder written notice of such
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Lease 02-01-2023
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27-CV-HC-24-3890
Filed in District Court
State of Minnesota
6/12/2024 11:52 AM
election. In such event this Lease shall terminate as of the date that Landlord delivers the written notice to Leaseholder.
22. ent: landlord enan Landlord covenants that the Apartment ls habltable and flt for use as a
private residence as intended by the parties. Leaseholder accepts the apartment and fixtures as ls and acknowledges that
neither Landlord nor any agent or employee of Landlord has made any representatlon or warranty of any kind with respect to
the Apartment or the Community under provisions of the Lease Agreement. Landlord disdaims all implied warranties.
Leaseholder will receive an Inspection Chedtlist from Landlord on or before the Lease Commencement Date. If Leaseholder does
not complete and sign the form, asserting any defects or damage to the Apartment. and if Leaseholder does not return the form
to Landlord on or before the second day following the Lease Commencement Date. then everything in the Apartment will be
deemed to be in clean. safe, and good working condition. Landlord shall maintain the Apartment (inciudirig the structure,
electrical, plumbing and heating systems) in reasonable repair and in compliance with applicable health and safety laws. if
Leaseholder caused any damage to the Premises either through intentional or unintentional conduct or contributed to such
damage by failing to report it or not promptly reporting it, Leaseholder must pay the cost of repair.
23. l -
No Alt ons' Ll t aul ' T -
. Unless authorized by Landlord in writing.
Leaseholder mm: (a) paint, wallpaper, apply stickers, or carpet/tile/other products the walls, ceiling, doors or floors of the
Apartment. (b) make any holes in the walls, ceiling, doors or floors of die Apartment (except for a reasonable number of small
nail holes in sheet-rock walls for hanging pictures), (c) install any extra phone, cable, internet, electric or other outlets (or move
any existing outlet), (d) change or install any lodts or security systems, (e) install a satellite dish, (f) place trash outside of their
apartment door, or (g) otherwise alter or damage the Apartment. or otherwise alter, damage, or remove any of Landlord's
property in the Apartment (including without limitation appliances, security/alarmldetection devices, and screens). Leaseholder
must use customary diligence in maintaining the aparunent and will not litter or damage common areas. Lidit fixtures provided
by Landlord will have operating light bulbs on the Lease Commencement Date. Leaseholder shall (a) replace sudi bulbs as
necessary during the term of the Lease with bulbs of the same type and wattage; (b) keep the Apartment clean, and dispose of
trash on at least a weekly basis; (c) immediately clean any spills or leaks and dry the affected area; (d) use exhaust fans in the
kitchen when cooking and in the bathroom when running water: (e) take all reasonable precautions to keep the pipes from
freezing in the cold weather months by keeping the Apartment at 60 degrees Fahrenheit or warmer; and (f) prompdy notify
Landlord of anything that is defecdve or broken on the premises. Leaseholder shall immediately notify mdlord of any water
leak, excess moisture, water staining or mold growth in the Apartment. Leasehoider agrees to pay the actual costs, including for
Landlord's staff time, incurred in assessing or mitigating any damages Incurred due to failure of Leaseholder to immediately
notify Landlord of such water, excess moisture, water staining or mold growtli. if any such water, excess moisture, water staining
or mold growth issues are determined by the Landlord to be to be caused by Leaseholder, Occupant or Guest, Leaseholder
agrees to pay for all costs of mitigation and repairs arising from or related to such cause. Any failure to comply with this section
shall be considered a material breach of the Lease and subject to addldonal fines.
14. Mold and Mildew. Mold is naturally occurring and found everywhere indoors and outdoors in our environment in all
structures, new or old. Leaseholder agrees to maintain a proper climate-controlled environment to avoid mold or mildew growth
including keeping moisture and air moisture levels low especially in bathrooms and kitchens and around windows. Leaseholder
agrees to keep the unit in a clean and clutter free condition by cleaning and dusting in the apartment regularly induding
specifically bathrooms and kitchens and to remove visible water and moisture build up In those areas and on windows, walls,
counters, floors and other surfaces upon notice of such. All HVAC systems including ducts, grates, and vent must be clear and
not blocked by furniture, boxes or other items. Leaseholder must report to Landlord immediately any evidence of a water leak or
excessive moisture buildup anywhere in the apartment, garage areas, hails, dosets, or common areas, any breakdown or the
l-lVAC systems, any evidence of mold or mildew looking growths that will not clean up with household cleaners or that reappears
after cleaning. Leaseholdei's failure to comply with this mold and mildew paragraph will result in Landlord having no
responsibility to Leasehoider for any damage to property, health or otherwise.
25. Pest. Leaseholder shall take all reasonable precautions to keep the Apartment free from all pests (e.g., rodent, bedbugs,
mites, and other Insects). if any such pest are present at the Community, Leaseholder adnowledges that there are some
treatments for pest infestations that may require the professional treatment or disposal of some or all personal property located
in the Apartment. Leaseholder agrees to comply with the instructions of the pest control professional and Landlord for the
treatment of the Apartment and other areas of the building by moving, removing, disposing or treating of some or al personal
property in the Apartment, as instructed by the Pest Control Professional, and within the time frame given to do so for the
recommended treatment. Landlord will not be financially responsible or liable for any personal property of Leasehoider or any
other person, and will not reimburse any person for the replacement of any personal property that must be moved, removed,
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disposed of, or treated. if Leaseholder is the source of the infestation or if Leaseholder fails to notify Landlord of an infestation
that subsequently spreads, Leaseholder shall be liable for the cost of the treatment, including treatment of other apartments or
common areas. Any monthly pest control charges included as part of the Utility Addendum are separate from the responsibiiy
for payment of specific treatments or remedies as outlined in this Section.
26. W. Leaseholder shall promptly notify landlord of any (a) malfunctioning or inoperable security, alarm or
detection devices, (b) malfunctioning water fixtures, clogged drains, clogged water/sewer lines, or water leaks or stains, (c)
broken or missing locks, latches, windows, or screens, (d) electrical problems, (e) malfunctioning appliances, (f) any excess
moisture, (g) mold (or suspected mold) growth, or (h) any other condition that poses a potential hazard to property, health, or
safety: Landlord will act with customary and reasonable diligence to make necessary repairs. Landlord may turn off equipment
and interrupt utilities if reasonably necessary to avoid property damage or to perform work, Landlord will make reasonable
effort to provide notice of interruptions but such notice may not be feasible in urgent or emergency situations.
27. Landiord may enter the Apartment, for a reasonable business purpose after melting a good faith effort
to provide the Leaseholder reasonable notice under the circumstances of the intent to enter. A reasonable business purpose
includes, but is not limited to (a) in case of emergency; (b) to allow entry by law enforcemerrt for wellness checks, with a
warrant, or in hot pursuit; (c) to remove health or safety hazards, or any item prohibited under this Lease; (d) if Landlord
reasonably believes there is a water or gas leak in the Apartment; (e) to inspect when immediate damage to person or property
is reasonably suspected, (f) if Landlord reasonably believes Leaseholder has abandoned the Apartment; (g) if Landlord
reasonably believes Leaseholder is otherwise in substantial violation of this Lease; (h) responding to Leaseholder notices or
requests, (i) conducting preventative maintenance; 0) making repairs, (k) undogglng drains, water lines, or sewer lines; (I)
performing pest control; (m) preventing waste of utilities; in) installing, replacing, maintaining, or testing detection/safety
devices; (0) delivering, installing, connecting, repairing, or replacirig appliances or equipment; (p) stopping or reducing excessive
noise; (q) showing the Apartmerrt to prospective Leaseholder or to government representatives, current or prospective lenders,
prospective buyers, or insurance representatives; (r) any other reasonable purpose; is) or as allowed by law.
28. Commugigy Bulg. Leaseholder (and each Occupant and Guest) shall comply with the community rules for the Community
(the 'cOmmunity Rules"), and with any reasonable additions or modifications to the Community Rules that Landlord adopts from
time to time, as outlined in the Resident Handbook, which has been provided electronically to Leaseholder and becomes an
addendum to this Lease Agreement. Leaseholder has access to the electronic Resident Handbook through the Resident Portal, a
hardcopy may be requested from the Landlord. Each Community Rule and the Resident Handbook shall be deemed a covenant of
this Lease to be performed and observed by Leaseholder. in the event of any conflict between the Community Rules or Resident
Handbook and the rest of this Lease, the Lease shall control. Leaseholder agrees and understands that they shall be deerned
responsible for any violation of the Community Rules or Resident Handbook by any guest of any Leaseholder.
19. Packm gleag, Leaseholder gives Landlord and its agents permission to sign for and accept any parcels or letters that
may be sent to Leaseholder, whether anticipated or unanticipated, through the United States Postal Service, or other
delivery
services. Leaseholder agrees to release and waives any and all claims against Landlord for loss or damage to any package
accepted by Landlord on behalf of Leaseholder and covenants not to sue landlord or claim damages for any such loss. However,
Landlord is not obligated to accept any packages on behalf of Leaseholder and may refuse to do the same.
30. No Leaseholder, Occupant, or Guest may: behave in a loud, disruptive, or obnoxious manner; disturb
or threaten the rights, comfort, health, or safety of others (including Landlord's employees and agents) and
including conduct
that interferes in others' rights to not be subjected to illegal discrimination on the basis of a protected class; interfere in the
Landlord's operation of the Community; manufacture, deliver, sell or possess a controlled substance or drug paraphernalia;
engage in or threaten violence; possess a weapon prohibited by applicable law; discharge a firearrn at the Community; engage in
any criminal or illegal conduct; display or brandish a weapon at the Community in a way that may alarm others; tamper with any
utilities; clog or plug any drains, water lines, or sewer lines at the Community; bring, keep, or use hazardous materials at the
Community; use windows for entry or exit; damage or disable any security, alarm, or detection device; damage or disable any fire
sprinkler heads or pipes; use a waterbed or other water-filled furniture in the Apartment; solicit business or contributions at the
Community; or conduct any kind of business (including child care services) in or from the Apartment Landlord may exclude from
the Community any person who, in Landlord's judgment, has violated the law, violated this Lease (including any of the
Community Rules), disturbed any Leaseholder, Guest, Occupant, or neighbor, or who refuses to show photo identification and
identify themselves as a Leaseholder, Occupant, or Guest.
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27-CV-HC-24-3890
Filed in District Court
State of Minnesota
6/12/2024 11:52 AM
31. No Smokim. 111i: is a smoke free Community. No smoking of any kind ls allowed In the Apartment (Including any balcony,
deck, or patio). No smoking ls allowed elsewhere the Community including all common areas and amenity spaces except in
such designated smoking areas that Landlord may (but is not obligated to) designate in the Community Rules. This indudes
cigarettes, cigars, e-cigatettes. vaporizers. candies, incense, and anything else that may produce smoke. Smoking in due
apartment or Community will be deemed a material breach of this lease. Violations of the smoke free addendum may result in a
fine and or terminadon of the lease. «
32. m. No animals (including without limitation mammals, reptiles, birds, fish, rodent, amphibians, arachnids, and
insects) are allowed, even temporarily, in the Apartment or otherwise at the Community without Landlord's prior written
consent. if Landlord allows Leaseholder to have an animal in the Apartment, then Leaseholder shall first sign a separate Animal
Addendum to this Lease and tender the Animal Deposit spedfied in the Animal Addendum ("Animal Deposit"). Pursuant to the
Fair Housing Act and HUD regulatory guidelines, support and/or service animals for the Leaseholder and/or Occupant ma'y be
authorized. Landlord may require a written statement from a certified professional verifying the need for the support and/or
service animal. Leaseholder is responsible and shall be held strictly liable for any damage or injuries caused by any animal
brought onto the Community or apartment by a Leaseholder, Guest, or Occupant, regardless of whether sudr animal is
authorized or not. Leaseholder shall reimburse Landlord for all costs and expenses associated with extra cleaning, deodorizing,
removing insects, and carpet shampooing at the Community or in the Apartment. Leaseholder shall also reimburse landlord for
the replacement cost of anything that cannot be cleaned to Landlord's reasonable satisfaction. Unauthorized animals are
considered a breach of this Lease Agreement.
33. Default g laaseholder. Leaseholder shall be in default under this Lea
Preview
27-CV-HC-24-3890 Filed in District Court State of Minnesota 6/12/2024 11:52 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT HOUSII'IG COURT Southdale Pare LLC 5201 East River Road Suite 308 Fridley, Minnesota 55421 EVICTION ACTION COMPLAINT Plaintiff, vs. Court File No. Tatyanna Donkhon g; John Doe; Jane Doe 2730 W. 66th Street Apartment l9 Richfield, MN 55423 Defendant(s). My true and correct name is Bridget Brine, I mn the Attorney for the Plaintiff in the above-captioned proceeding, and I state under oath that the information contained in this Complaint is true and correct to the best of my knowledge: l. Progeny Information: a. 2730 W. 66th Street Apartment l9 Richfield, Minnesota 55423 b. The lease does not include a garage or storage unit. 2. About the Parties: a. Plaintiff' (Landlord): Southdale Parc LLC b. Defendantgsz: Tatyanna Donkhong 10/09/1997 3. Lease Information: a. Lease Start Date July 10, 2023 b. Lease End Date July 9, 2024 c. Monthly Obligation $995.00, due on the first day of the month. - 4. Statutory Compliance: Plaintiff, having present right of possession of said property. has complied with Minn. Stat. § 5048.181: Disclosing to the Defendant(s) either in the rental agreement or otherwise in writing prior to beginning of the tenancy the name and address of the person authorized to manage the property, and a landlord or agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands, and the required information was posted in a conspicuous location, namely the building entrance/lobby. 27-CV-HC-24-3890 Filed in District Court State of Minnesota 6/12/2024 11:52 AM 5. Subsidies: Upon information and belief, this tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the Section 8 program, as defined in section 469.002, subdivision 24; the low-income housing tax credit program; or any other similar program. 6. Reason for Eviction: Non-Payment of Rent (5048.291) Defendant(s) failed to pay rent in full, and as of June 12. 2024, Defendant(s) are in arrears $2582.34, calculated as follows: Rent and/or Late Fees for April 2024 through June 2024 = $2,582.34 In addition, pursuant to Minn. Stat. § 5048.291, Defendant(s) are required to pay any additional rent then in arrears, plus costs and expenses of $407.00 (includes the court filing fee of $302.00, legal process and service fees of $100.00, and $5.00 in attorney fees), and perform any other covenants of the lease, prior to Defendant(s) redeeming and being restored to possession. Plaintiff does not waive the right to seek collection, payment, or other legal action for any amount(s) not pled above. A pre-eviction notice, attached, was delivered to Defendant(s) pursuant to Minnesota Statute section 5048.321, subd. la. 7. Pursuant to Minnesota Statutes section 5048.345, subd. 1(a), Plaintiff seeks innncdiate judgment against the above Defendant(s) for restitution of said premises, and immediate writ of recovery of said premises, plus costs and disbursements herein. Verification and Alfidavit of Non Military Status I, Bridget Brine, being sworn/affirmed, state that I am the Plaintiff's Attorney in this action, that I have read the complaint and that it is true to the best of my knowledge; that Defendant(s) is/are not now in the military service of the United States, to the best of my information and belief. I acknowledge that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes § 549.21 1, Subd. (2), to the party against whom the allegations in these pleadings are asserted. I declare under penalty of perjury that everything l have stated in this document is true and correct. Minn. Stat. § 358.1 l6. Landlord Resource Network, LLC Dated: June 12,3024 /s/ Bridget Bririe Bridget Brine (#022778X) STATE OF MINNESOTA ) ss. 225 S. 6th Street, Suite 3900 COUNTY OF ST. LOUIS ) Minneapolis. MN 55402 Phone: 612-314o3177 bridget@ l1mdlordrCsourcenet Attorney for Plaintiff 2 27-CV-HC-24-3890 Filed in District Court State of Minnesota 6/12/2024 11:52 AM Comm-my: Soutlldale Pare, 2720 W 66th St Rlchfleld, MN 55423 leaseholdfis): Tatyanna Donkhong Additional Ocwpam: Leased Dwelling Adm 2730 W 66th St Apt 0-19, Richfield, MN 55423 Apartment: 2730-19 Lease'rerm Dates: July 10, 2023 July 9, 2024 - Effective Date: July 10, 2023 Total Montllly Rent: $995.00 (Itemized below) Apartmentbeposit: $40000 Animal Deposit $000 Monthly Apartment Rent: $995.00 Animal Rent: $000 Nurnberofl'ets: 0t Number of Service Animals: 0 Parking/Garage Rent: $000 Perkin/Game Space: NA Oneoflnie Concession: $000 Recurrlm Concession: $000 Storageflent: 5000 Storage Space: NA LateFee 8.00 9' late Fee Charged On: 4th NSFFee: $30.00 Renters Imutce Only charged if acceptable proof of Renters Insurance $20.00 Exempflon/NortCompiience Fee: is not on file Rentisdueontltel'dayofthemonth,regardiessofholidaysandlorofflceclosures. lttheaccountbalanceisnotpaidinfd bythecloseofbusinusontlie3rd dayotthe month,alateFeewill bechargedontheAthdayofthe month lntheamountof 8.00%oftheunpaid monthiyrentintheamomtofthe'rotai MonthiyRentlndlcatedabovemrasstateregulationaliows. 1. Lease Amman. This Apartment Lease (the 'Lease") is made and entered into between Centerspace LLP ("Landlord"), and each individual listed above In the "Leaseholder section of the Basic Terms (each, and collectively, 'Leaseholder'), as of the date set forth below in Landlord's signature block. Landlord is either the owner of the Community, and/or the authorized managing agent of the Community. In consideration of the mutual covenants set forth in this Lease, Landlord leases the apartment unit identified above (the 'Apartment") to Leaseholder, and Leaseholder leases the Apartment from Landlord. The Apartment shall be used only as a private residence, and for no other purpose. Leaseholder shall tender the Apartment deposit specified above (the 'Apartment Deposit") on or before the date Leaseholder signs this Lease. Authorized Manager and Landlord authorized to accept service of process and receive and give receipt for notice and demands: Centerspace LLP, Attn: Legal Department 800 LaSaIIe Plaza, Suite 1600, Minneapolis, Minnesota. 2. modlnmn. Leaseholder agrees and acknowledges that this Lease is subordinate to any current, subsequent or future mortgage placed on and secured by the property that is the subject of this lease and Leaseholders authorizes Landlord or the property Owner to execute on behalf of Leaseholder any and all documents necessary to subordinate this Lease. 3. This Lease contains the entire agreement between the parties with respect to the leasing ofthe Apartment, and there are no oral agreements between the parties. Leaseholder acknowledges that Landlord has not made any oral promises or representations. A " CBJTERSPACE Lane M 02014023 «as Page 1 WdiofiaMWneiw Win-1M1!" 27-CV-HC-24-3890 Filed in District Court State of Minnesota 6/12/2024 11:52 AM 4. The Apartment may only be occupied by Leaseholder and Leaseholders approved occupants, and not by any other individual without Landlord's prior written consent. For purposes of this Lease, 'Ocwpant' shall mean any occupant of the Apartment that has been approved by Landlord, and "('iuest'l shall mean any guest or other invitee of either Leaseholder or an Occupant. Leaseholder is responsible for the acts and violations of any Occupant or Guest. if this Lease is violated by any Occupant or Guest, then Leaseholder will be deemed to have violated this Lease. Guests shall not stay in the Apartment for more than 10 consecutive days without Landlord's prior written consent. 5. Mulggig aselwlders. If this Lease has more than one Leaseholder, then each Leaseholder is Jointly and severally responsible for paying all Rent and other sums due under this Lease. Leaseholder is jointly and severally responsible for all other obligations of Leaseholder under this Lease. if this Lease is violated by any Leaseholder, Occupant, or Guest, then each Leaseholder will have violated this Lease. Landlord's notice to any individual Leaseholder shall constiuite notice to each Leaseholder. i I. No Sublea Leaseholder shall not sublease its interest in this Lease. Any attempted sublease in violation of this Section is null and void and shall constitute a material breach of this Lease. Leaseholder shall not otherwise assign its interest in this Lease without Landlord's prior written consent, which consent Landlord may grant, withhold, or condition in its sole and absolute discretion. Any attempted assignment in violation of this Section is null and void and shall constitute a breach of this Lease. 7. Landlord is not responsible for in Leaseholder's occupancy of the Apartment caused by any delay construction or any necessary repairs or cleaning, or by the unlawful hold-over of the previous Leaseholder. In such event, this Lease shall remain in full force, subject to abatement of Rent on a daily basis during the delay. lf Landlord cannot deliver possession of the Apartment by thirty days following the Lease Commencement Date, then Leaseholder may terminate this Lease after such date by providing a written termination notice to Landlord. Notwithstanding the foregoing, Rent shall not abate, and Leaseholder shall not be entitled to terminate this Lease, if the delay is for cleaning or repairs that do not reasonably prevent Leaseholder from occupying the Apartment. 8. The initial minimum term of the Lease is outlined as the Lease Term Dates defined above. This Lease will automatically renew on a month-to-month basis unless either party gives at least 60 days written notice of termination or intent to move out at the end of the lease term. Any termination notice by Leaseholder pursuant to this Section shall comply with all of the requirements of a "Move-Out Notice" that are set forth below. in the event the lease renews on a month-tomoritli basis, rent will be adjusted to current month-to-month rental rate. 9. .Lease (ham. No rent increases or changes to the Lease shall occur before the initial Lease Termination Date, unless agreed to by both parties in writing, except for Landlord's reasonable changes to the Community Rules of the Lease, Addendum and/or the Resident Handbook. if this Lease automatically renews on a month-to-month basis, then Landlord may change any of the terms of this Lease, including increasing Rent. as of the first calendar day following the initial lease termination date. The Lease will be deemed modified as of the specified date, without necessity of Leaseholdefs signature. unless Leaseholder provides its termination notice. 10. Ml» Leaseholder shall pay to Landlord the Monthly Apartment Rent and all other charges set forth above in advance and without offset or deduction, commencing on the Lease Start Date, and continuing on the first day of each calendar month during the terrnof this Lease. Leaseholder shall pay all Rent to Landlord at such place and in such manner as Landlord may from time to time designate: in writing. Leaseholder shall pay all Rent without Landlord's previous demand, invoice or notice for payment. Landlord and Leaseholder will prorate Rent, on a per diem basis, for any partial month within the term of the Lease. Leaseholder shall pay Rent electronically as set forth below. Leaseholder agrees to remit payment for the full balance due on the account, including rent and any additional charges. At Landlord's option, Landlord may apply money received from Leaseholder first to any of Leaseholder's unpaid obligations, and then to current Rent. Leaseholder's obligation to pay Rent is independent from any of Landlord's covenants, obligations, warranties or representations in this Lease and failure to pay Rent when due is deemed a material breadi of this Lease. Leaseholder agrees and understands that the payment of rent is not proportional in any way to the use or availability of any community amenity of any kind, but for the use and occupancy of the Apartment identified above. 11. litias db . Leaseholder agrees to pay for all utilities, utility deposits, charges, fees, or service charges for all utilities monthly and will not allow utilities to be disconnected or service interrupted until the lease term or Leaseholder possession end. Payments made may be applied to all outstanding balances before current balances. if any specific utilities are El a Lease W CENTERSPACE 0241.202: Paoa 2 ores Mum! dioirallv cloned "sine RFN'I'C'IGI «Rim eenrim "mum! [0- 1'4?!" 27-CV-HC-24-3890 Filed in District Court State of Minnesota 6/12/2024 11:52 AM billed to Community and then divided and billed to Leaseholder, Landlord will attach a Utility Addendum to this Lease. 12. ic Fu Transfer ACii i . Unless otherwise agreed in writing, Leaseholder acknowledges that all Rent shall be paid by electronic fund transfer using ACl-I, Debit Card, Credit Card and/or Cash Payment Program. Leaseholder agrees to pay any fees associated with payment processing. 13. med Pa if Leaseholder does not pay Rent on or before the date listed above. then Leaseholder shall be in default under this Lease, and Leaseholder shall also pay Landlord a late fee based on the' balance of the monthly unpaid rent, including pet, garage, storage and other additional rental fees, as set forth above. Late fee must be included with the delinquent rent payment. Leaseholder acknowledges and agrees that said late fee is liquidated damages and is fair and reasonable. Leaseholder shall also pay a fee for each returned check or rejected automatic electronic draft. The fee amount shall not exceed state restrictions for which the Community is located. Leaseholder accounts that receive 2 returned payments frorn any source will enter a probationary period and may have restricted payment methods. 14. indgmm grid Hold Hanna. Leaseholder shall release, indemnify, defend, and hold harmless Landlord from and against all claims, actions, demands, liabilities, damages, costs, penalties, losses or expenses (including without limitation reasonable ; attorneys' fees) arising from: (a) any breach or default by Leaseholder in the performance of any of Leaseholder's covenants or agreements in this Lease; (b) any misconduct or negligent act or omission of Leaseholder, or of any Occupant or Guest; (c) any accident, injury, occurrence or damage in, about or to the Apartment; and (d) to the extent caused in whole or in part by ' Leaseholder (or by any Occupant or Guest), any accident. injury, occurrence or damage in, about or to the Community. Leaseholder acknowledges and agrees that if any federal, state, county, city or other municipality statute, ordinance, rule' or case law provides that Leaseholder is entitled to recover their reasonable attorney's fees, costs and disbursement in any action Leaseholder is entitled to bring against Landlord or the Owner under any such statute, ordinance, rule or case law, then Landlord shall be entitled to recover its attorney's fees, costs and disbursements if it is the prevailirrg party in such action brought by Leaseholder under the same circumstances as Leaseholder. 15. Notig. Any and all notices to be delivered to Leaseholder pursuant to this Lease or otherwise shall be deemed delivered and received by Leaseholder when slid under the Apartment door, taped to the Apartment door, handed to any Leaseholder, emailed to any Leaseholder, texted to any Leaseholder, or mailed to any Leaseholder at the Apartment address by 0.5. Mail or Certified Mail or mailed to any forwarding address provided by Leaseholder. Leaseholder shall provide and maintain at all times an updated email address and phone number with Landlord. Leaseholder shall also provide an emergency contact including name, address, email and phone number to Landlord. 16. Renters insurang. The Landlord's property and liability insurance does not protect Leaseholders, Occupants or Guests against any loss or damage to personal Property from any cause, or cover any liability for loss or damage caused by Leaseholdel's actions or those of any Occupants or Guests. Leaseholder is liable to the undiord and others for loss or damage caused by; Leaseholder's actions or those at any Occupants or Guests. Leaseholder agrees to maintain, at Leaseholdei's sole expense, during the Term of the Lease and any subsequent Leases, including month-to-month terms, a Renters insurance policy satisfying all requirements set forth in this Section and Leaseholder agrees to provide accurate and current evidence of such Renters insurance to Landlord. Leaseholder understands and agrees that Landlord may have a third-party assist Landlord in obtaining, reviewing and performing certain Landlord evidence of the Renters insurance. To ensure minimum protection against any such liability, Leaseholders are required to maintain an insurance policy with (a) an insurance company acceptable to Landlord, (b) minimum coverage of $100,000 in personal liability insurance coverage, (c) inclusion of coverage for all Community damage and/or any bodily harrn arising from or related to Leaseholder's or Occupants or Guests, (d) All leaseholders occupying the dwelihig must be listed on the poiicy of record (e) "Additional interest" listed as: Centerspace, LLP, (f) policy change notifications delivered to the "Additional Interest" party. if Leaseholder fails to provide valid and approved proof of Renters Insurance to Landlord, or fails to maintain a valid and approved Renters insurance policy, Leaseholder shall pay to Landlord, on a monthly basis or at any time no evidence of insurance is on file with the Landlord, a "Renters Insurance Euemption/Non-Compiiance Fee" defined above. The Exemption Fee Is a flat, non-prorated amount and shall be deemed to be additional Rent. The Exemption Fee is not insurance or a waiver of Leaseholder's liability for damages or injuries. Leaseholder acknowledges that Agents of Landlord are not insurance agents and cannot advise on this insurance requirement or where to obtain insurance. At Leaseholder's discretion and sole expense, Leaseholder may also purchase additional Renters insurance which covers Leaseholder's personal property and belongings. CENTERSPACE WWOZ-Ol-Gm' Pagaooifi M's-nan dioitallv Gianni train: liFNTf'afe Gigi-nature anvil-ea m In- umn 27-CV-HC-24-3890 Filed in District Court State of Minnesota 6/12/2024 11:52 AM 17. Landlord has the right to regulate the time, manner. and plact of parking of all cars, ands, motorcycles, bicydes, trailets, and recreatlonal vehicles at the Community (collectively, "Vehicle"). Leaseholder has the right to use, in common with other Leaseholders and guests, any unrestricted parking areas located at the Community. Landlord has the right to designate the parking areas of the Community as either restricted or unrestricted. Neither Leaseholder (nor any Occupant or Guest) shall have any right to use any restricted parking area at the Community, unless such right has been specifically granted to Leaseholder by a separate Parking Addendum to this Lease. Leaseholder assumes the risk of using such parking at the Community and Landlord is not responsible for any loss or theft of, or damage to, any vehicles (or the contents thereof) parked at the Community. Landlord has the right to have any unauthorized or illegally parked Vehicle towed or removed at the Vehicle owners expense, without notice, and will not be liable for any resulting loss or damage to such Vehicle or personal property during or after the Vehicle is towedfor removed. A Vehicle unauthorized or illegally parked include, but is not limited to, (a) a Vehicle with a flat fire, missing wheels. or up on blocks; (b) a Vehicle without a current license plate; (c) a Vehicle parked outside designated areas or in prohmited areas; (d) a Vehicle belonging to a former Leaseholder; or (e) a Vehicle owned by a Leaseholder, Occupant or Guest after Landlord or emergency personnel have given reasonable notice to move the Vehicle for emergency services. maintenance, or snow removal. Leaseholder agrees to use authorized parking or garage space for authorized vehicle(s) only and not to place or store other belongings of any kind for any amount of time. Leaseholder agrees that vehicle maintenance shall not be performed at the Community. u. W. Leaseholder (and each Oocupant and Guest) shall exerdse due care for their own safety and security, and for the safety and security of others, and shall immediately dial 911 to report any fire, smoke, suspected criminal activity, serious injury, or other emergency involving imminent harm or damage. 19. Landlord shall furnish detection devices required by applicable law and will test said detection devices to see that they are in working order as of the Lease Commencement Date. Leaseholder acknowledges and agrees that it is the sole responsibility of Leaseholder to check and test all detection devices in the Apartment on a regular basis to confirm that the detection devices are operable and functioning properly. if a detection device is battery operated (or has a battery backup), then Leaseholder shall replace such batteris as necessary during the term of the Lease. Leasehoider shall immediately notify Landlord in writing if Leaseholder is unable to fulfill its obligation to test the detection devices and to replace batteries. Leasehoider shall not damage, alter, remove, or disable any detection devices in the Apartment or at the Community. Landlord is not liable for damages or injury caused by (a) Leaseholder's failure to test the detection devices, (b) Leasehoider's failure to notify Landlord of any malfunctioning or inoperable detection devices, (c) theft of or vandalism to any detection devices (or batteries), or (d) any false alarms. Leasehoider agrees that if any detection devices are found to be missing during Leaseholder's tenancy or at the move out inspections. Leaseholder will be charged for the time and materials for purchasirig and installing such missing device. Landlord may provide technology and detection devices to enable Resident to have a 'srnart apartment," including but not lknited to, appliances, hub, door locks, smart switchis), and thermostats and other technology mat may become available at the Community. It is anticipated that the technology and detection devices will be provided by a third~party provider ("Provider"). Resident expressly consents to (a) Landlord providing to Provider, data concerning Resident (lnduding certain personally identifiable daa, including name, email, and unit number), and (b) Provider's collection, control, maintenance, storage, processing, transmittal and use of Resident information and data collected through the Provider's assodated website and/:or app for purposes consistent with providing the technology to Resident. Io. unmrd fig Liable. Landlord is not liable to Leasehoider (or to any Occupant or Guest) for personal hiury. property damage, or property loss from any cause, including without limitation from fire, smoke, rain, flood, water leaks, hail, ice, snow, lightening, wind, explosions, utility stoppage or interruption, gas leaks. dieft, or vandalism. Landlord is not liable to Leaseholder (or to any Occupant or Guest) for injury, property damage, or property loss resulting from the criminal, willful, or negligent acts or omissions of other persons. Leaseholder acknowledges that Landlord is not obligated to furnish security personnel, security lighting, gates, fences, or any other form of security for the Community, and that Landlord is not obligated to obtain criminal history checks on any Leaseholders, vendors, or contractors at the Community. if Landlord does choose to implement any security measures at the Community, then Leaseholder acknowledges and agrees that any sudi measures do not constitute an express or implied warranty of security, or a guarantee to prevent or reduce crime. Leaseholder acknowledges and agrees that due to weather conditions, it is not always possible for the Landlord to clear, or immediately clear, walkways or other areas that are changed or impacted by the weather or other natural acts. Leaseholder will use all reasonable caution for these common hazards while on the Community premises and be solely responsible for the failure to take such reasonable caution. 21. . or Uni . If the Apartment is destroyed, or so damaged as to be unfit for occupancy, due to &. W fire or any other casualty or cause, then Landlord may elect to terminate this Lease by giving Leaseholder written notice of such cenreaspace Lease 02-01-2023 - _ . Pug. 4 or 24 Mmnm dioltallv clonal mine RWak emu-m cor-virus five-1mm! m- "Dill 27-CV-HC-24-3890 Filed in District Court State of Minnesota 6/12/2024 11:52 AM election. In such event this Lease shall terminate as of the date that Landlord delivers the written notice to Leaseholder. 22. ent: landlord enan Landlord covenants that the Apartment ls habltable and flt for use as a private residence as intended by the parties. Leaseholder accepts the apartment and fixtures as ls and acknowledges that neither Landlord nor any agent or employee of Landlord has made any representatlon or warranty of any kind with respect to the Apartment or the Community under provisions of the Lease Agreement. Landlord disdaims all implied warranties. Leaseholder will receive an Inspection Chedtlist from Landlord on or before the Lease Commencement Date. If Leaseholder does not complete and sign the form, asserting any defects or damage to the Apartment. and if Leaseholder does not return the form to Landlord on or before the second day following the Lease Commencement Date. then everything in the Apartment will be deemed to be in clean. safe, and good working condition. Landlord shall maintain the Apartment (inciudirig the structure, electrical, plumbing and heating systems) in reasonable repair and in compliance with applicable health and safety laws. if Leaseholder caused any damage to the Premises either through intentional or unintentional conduct or contributed to such damage by failing to report it or not promptly reporting it, Leaseholder must pay the cost of repair. 23. l - No Alt ons' Ll t aul ' T - . Unless authorized by Landlord in writing. Leaseholder mm: (a) paint, wallpaper, apply stickers, or carpet/tile/other products the walls, ceiling, doors or floors of the Apartment. (b) make any holes in the walls, ceiling, doors or floors of die Apartment (except for a reasonable number of small nail holes in sheet-rock walls for hanging pictures), (c) install any extra phone, cable, internet, electric or other outlets (or move any existing outlet), (d) change or install any lodts or security systems, (e) install a satellite dish, (f) place trash outside of their apartment door, or (g) otherwise alter or damage the Apartment. or otherwise alter, damage, or remove any of Landlord's property in the Apartment (including without limitation appliances, security/alarmldetection devices, and screens). Leaseholder must use customary diligence in maintaining the aparunent and will not litter or damage common areas. Lidit fixtures provided by Landlord will have operating light bulbs on the Lease Commencement Date. Leaseholder shall (a) replace sudi bulbs as necessary during the term of the Lease with bulbs of the same type and wattage; (b) keep the Apartment clean, and dispose of trash on at least a weekly basis; (c) immediately clean any spills or leaks and dry the affected area; (d) use exhaust fans in the kitchen when cooking and in the bathroom when running water: (e) take all reasonable precautions to keep the pipes from freezing in the cold weather months by keeping the Apartment at 60 degrees Fahrenheit or warmer; and (f) prompdy notify Landlord of anything that is defecdve or broken on the premises. Leaseholder shall immediately notify mdlord of any water leak, excess moisture, water staining or mold growth in the Apartment. Leasehoider agrees to pay the actual costs, including for Landlord's staff time, incurred in assessing or mitigating any damages Incurred due to failure of Leaseholder to immediately notify Landlord of such water, excess moisture, water staining or mold growtli. if any such water, excess moisture, water staining or mold growth issues are determined by the Landlord to be to be caused by Leaseholder, Occupant or Guest, Leaseholder agrees to pay for all costs of mitigation and repairs arising from or related to such cause. Any failure to comply with this section shall be considered a material breach of the Lease and subject to addldonal fines. 14. Mold and Mildew. Mold is naturally occurring and found everywhere indoors and outdoors in our environment in all structures, new or old. Leaseholder agrees to maintain a proper climate-controlled environment to avoid mold or mildew growth including keeping moisture and air moisture levels low especially in bathrooms and kitchens and around windows. Leaseholder agrees to keep the unit in a clean and clutter free condition by cleaning and dusting in the apartment regularly induding specifically bathrooms and kitchens and to remove visible water and moisture build up In those areas and on windows, walls, counters, floors and other surfaces upon notice of such. All HVAC systems including ducts, grates, and vent must be clear and not blocked by furniture, boxes or other items. Leaseholder must report to Landlord immediately any evidence of a water leak or excessive moisture buildup anywhere in the apartment, garage areas, hails, dosets, or common areas, any breakdown or the l-lVAC systems, any evidence of mold or mildew looking growths that will not clean up with household cleaners or that reappears after cleaning. Leaseholdei's failure to comply with this mold and mildew paragraph will result in Landlord having no responsibility to Leasehoider for any damage to property, health or otherwise. 25. Pest. Leaseholder shall take all reasonable precautions to keep the Apartment free from all pests (e.g., rodent, bedbugs, mites, and other Insects). if any such pest are present at the Community, Leaseholder adnowledges that there are some treatments for pest infestations that may require the professional treatment or disposal of some or all personal property located in the Apartment. Leaseholder agrees to comply with the instructions of the pest control professional and Landlord for the treatment of the Apartment and other areas of the building by moving, removing, disposing or treating of some or al personal property in the Apartment, as instructed by the Pest Control Professional, and within the time frame given to do so for the recommended treatment. Landlord will not be financially responsible or liable for any personal property of Leasehoider or any other person, and will not reimburse any person for the replacement of any personal property that must be moved, removed, CENTERSPACE Lana W 02mm Page s oi 24 "hr-rm riioiinllv clonal Im'no "Weft efllouhm- mien Dru-rm lfl' 714"" 27-CV-HC-24-3890 Filed in District Court State of Minnesota 6/12/2024 11:52 AM i disposed of, or treated. if Leaseholder is the source of the infestation or if Leaseholder fails to notify Landlord of an infestation that subsequently spreads, Leaseholder shall be liable for the cost of the treatment, including treatment of other apartments or common areas. Any monthly pest control charges included as part of the Utility Addendum are separate from the responsibiiy for payment of specific treatments or remedies as outlined in this Section. 26. W. Leaseholder shall promptly notify landlord of any (a) malfunctioning or inoperable security, alarm or detection devices, (b) malfunctioning water fixtures, clogged drains, clogged water/sewer lines, or water leaks or stains, (c) broken or missing locks, latches, windows, or screens, (d) electrical problems, (e) malfunctioning appliances, (f) any excess moisture, (g) mold (or suspected mold) growth, or (h) any other condition that poses a potential hazard to property, health, or safety: Landlord will act with customary and reasonable diligence to make necessary repairs. Landlord may turn off equipment and interrupt utilities if reasonably necessary to avoid property damage or to perform work, Landlord will make reasonable effort to provide notice of interruptions but such notice may not be feasible in urgent or emergency situations. 27. Landiord may enter the Apartment, for a reasonable business purpose after melting a good faith effort to provide the Leaseholder reasonable notice under the circumstances of the intent to enter. A reasonable business purpose includes, but is not limited to (a) in case of emergency; (b) to allow entry by law enforcemerrt for wellness checks, with a warrant, or in hot pursuit; (c) to remove health or safety hazards, or any item prohibited under this Lease; (d) if Landlord reasonably believes there is a water or gas leak in the Apartment; (e) to inspect when immediate damage to person or property is reasonably suspected, (f) if Landlord reasonably believes Leaseholder has abandoned the Apartment; (g) if Landlord reasonably believes Leaseholder is otherwise in substantial violation of this Lease; (h) responding to Leaseholder notices or requests, (i) conducting preventative maintenance; 0) making repairs, (k) undogglng drains, water lines, or sewer lines; (I) performing pest control; (m) preventing waste of utilities; in) installing, replacing, maintaining, or testing detection/safety devices; (0) delivering, installing, connecting, repairing, or replacirig appliances or equipment; (p) stopping or reducing excessive noise; (q) showing the Apartmerrt to prospective Leaseholder or to government representatives, current or prospective lenders, prospective buyers, or insurance representatives; (r) any other reasonable purpose; is) or as allowed by law. 28. Commugigy Bulg. Leaseholder (and each Occupant and Guest) shall comply with the community rules for the Community (the 'cOmmunity Rules"), and with any reasonable additions or modifications to the Community Rules that Landlord adopts from time to time, as outlined in the Resident Handbook, which has been provided electronically to Leaseholder and becomes an addendum to this Lease Agreement. Leaseholder has access to the electronic Resident Handbook through the Resident Portal, a hardcopy may be requested from the Landlord. Each Community Rule and the Resident Handbook shall be deemed a covenant of this Lease to be performed and observed by Leaseholder. in the event of any conflict between the Community Rules or Resident Handbook and the rest of this Lease, the Lease shall control. Leaseholder agrees and understands that they shall be deerned responsible for any violation of the Community Rules or Resident Handbook by any guest of any Leaseholder. 19. Packm gleag, Leaseholder gives Landlord and its agents permission to sign for and accept any parcels or letters that may be sent to Leaseholder, whether anticipated or unanticipated, through the United States Postal Service, or other delivery services. Leaseholder agrees to release and waives any and all claims against Landlord for loss or damage to any package accepted by Landlord on behalf of Leaseholder and covenants not to sue landlord or claim damages for any such loss. However, Landlord is not obligated to accept any packages on behalf of Leaseholder and may refuse to do the same. 30. No Leaseholder, Occupant, or Guest may: behave in a loud, disruptive, or obnoxious manner; disturb or threaten the rights, comfort, health, or safety of others (including Landlord's employees and agents) and including conduct that interferes in others' rights to not be subjected to illegal discrimination on the basis of a protected class; interfere in the Landlord's operation of the Community; manufacture, deliver, sell or possess a controlled substance or drug paraphernalia; engage in or threaten violence; possess a weapon prohibited by applicable law; discharge a firearrn at the Community; engage in any criminal or illegal conduct; display or brandish a weapon at the Community in a way that may alarm others; tamper with any utilities; clog or plug any drains, water lines, or sewer lines at the Community; bring, keep, or use hazardous materials at the Community; use windows for entry or exit; damage or disable any security, alarm, or detection device; damage or disable any fire sprinkler heads or pipes; use a waterbed or other water-filled furniture in the Apartment; solicit business or contributions at the Community; or conduct any kind of business (including child care services) in or from the Apartment Landlord may exclude from the Community any person who, in Landlord's judgment, has violated the law, violated this Lease (including any of the Community Rules), disturbed any Leaseholder, Guest, Occupant, or neighbor, or who refuses to show photo identification and identify themselves as a Leaseholder, Occupant, or Guest. I . cam-ammo: w Luau-m: 020140" 6 of 3' .1 Pqe I'm. click-IN ' ' mine "We?! Mum- Whine [Inn-m ID' 744710 27-CV-HC-24-3890 Filed in District Court State of Minnesota 6/12/2024 11:52 AM 31. No Smokim. 111i: is a smoke free Community. No smoking of any kind ls allowed In the Apartment (Including any balcony, deck, or patio). No smoking ls allowed elsewhere the Community including all common areas and amenity spaces except in such designated smoking areas that Landlord may (but is not obligated to) designate in the Community Rules. This indudes cigarettes, cigars, e-cigatettes. vaporizers. candies, incense, and anything else that may produce smoke. Smoking in due apartment or Community will be deemed a material breach of this lease. Violations of the smoke free addendum may result in a fine and or terminadon of the lease. « 32. m. No animals (including without limitation mammals, reptiles, birds, fish, rodent, amphibians, arachnids, and insects) are allowed, even temporarily, in the Apartment or otherwise at the Community without Landlord's prior written consent. if Landlord allows Leaseholder to have an animal in the Apartment, then Leaseholder shall first sign a separate Animal Addendum to this Lease and tender the Animal Deposit spedfied in the Animal Addendum ("Animal Deposit"). Pursuant to the Fair Housing Act and HUD regulatory guidelines, support and/or service animals for the Leaseholder and/or Occupant ma'y be authorized. Landlord may require a written statement from a certified professional verifying the need for the support and/or service animal. Leaseholder is responsible and shall be held strictly liable for any damage or injuries caused by any animal brought onto the Community or apartment by a Leaseholder, Guest, or Occupant, regardless of whether sudr animal is authorized or not. Leaseholder shall reimburse Landlord for all costs and expenses associated with extra cleaning, deodorizing, removing insects, and carpet shampooing at the Community or in the Apartment. Leaseholder shall also reimburse landlord for the replacement cost of anything that cannot be cleaned to Landlord's reasonable satisfaction. Unauthorized animals are considered a breach of this Lease Agreement. 33. Default g laaseholder. Leaseholder shall be in default under this Lea