Motion for Writ in Home SFR Borrower, LLC vs Edwin Martinez-Oviedo| Trellis.Law

On June 18, 2024 a Complaint-Civil Index #1 was filed involving a dispute between Home Sfr Borrower, Llc, and Martinez-Oviedo, Edwin, for Eviction (UD) in the District Court of Anoka County.

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02-CV-24-3420
Filed in District Court
State of Minnesota
6/18/2024 8:46 AM

CASE TYPE: HOUSING/OTHER
STATE OF MINNESOTA DISTRICT COURT

COUNTY OF ANOKA TENTH JUDICIAL DISTRICT

Home SFR Borrower, LLC, Court File No. _________________
a Delaware limited liability company,
d/b/a Progress Residential,

Plaintiff,
v.
EVICTION COMPLAINT
Edwin Martinez-Oviedo,
John Doe, and Mary Roe,

Defendants,

11421 Quince Street Northwest
Coon Rapids, Minnesota 55448,

Property Address.

STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )

Lindsay W. Cremona, being first duly sworn on oath, deposes and states:

1. That she is one of the attorneys for Plaintiff, Home SFR Borrower, LLC, a

Delaware limited liability company, d/b/a Progress Residential (“Landlord”), having an office

located at 7500 North Dobson Road, Suite 300, Scottsdale, Arizona 85256.

2. Defendant, Edwin Martinez-Oviedo (“Tenant”) currently occupies and possesses

certain real property located at 11421 Quince Street Northwest, Coon Rapids, Minnesota 55448

(“Property”).

3. For defendants in public housing: If financially unable to obtain counsel, the

defendant has the right to a court-appointed attorney.
02-CV-24-3420
Filed in District Court
State of Minnesota
6/18/2024 8:46 AM

4. Tenant made, executed, and delivered to Landlord that certain residential lease

dated March 24, 2023, regarding the Property (“Lease”). A true and correct copy of the Lease is

attached hereto and incorporated herein by reference as Exhibit “A”.

5. Pursuant to the terms of the Lease, Tenant is to pay Landlord base rent in the

amount of $1,997.00, on the first day of each and every month (collectively, “Rent”).

6. Tenant has failed to make full and timely payment of Rent to Landlord for the

months of December 2023 and January, February, March, April, May, and June 2024.

7. The Lease also requires Tenant to pay a monthly administrative fee of $15.00.

8. Tenant has failed to pay monthly administrative fees in the total amount of $60.00.

9. The Lease also requires Tenant to pay utilities for the Property.

10. Tenant has failed to pay utilities for the Property in the total amount of $280.41.

11. On May 10, 2024, Landlord sent a written notice to Tenant, setting forth the basis

for a future eviction action if payment was not made, wherein Landlord provided Tenant with 30

days to cure. A true and correct copy of the correspondence is attached hereto and incorporated

herein as Exhibit “B.”

12. Pursuant to the Notice, Tenant was to pay past due amounts, but Tenant has failed

to do so.

13. As of June 12, 2024, Tenant has failed to make payment to Landlord in the

aggregate amount of $14,263.41, which consists of Rent for the months of December 2023 and

January, February, March, April, May, and June 2024 in the total amount of $12,724.68, late fees

in the amount of $1,118.32, administrative fees in the amount of $60.00, return check fees in the

amount of $80.00, and unpaid utilities in the amount of $280.41. A true and correct copy of the

ledger dated June 12, 2024 is attached hereto and incorporated herein as Exhibit “C.”

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02-CV-24-3420
Filed in District Court
State of Minnesota
6/18/2024 8:46 AM

14. On July 1, 2024, Tenant shall also become obligated to Landlord for Rent for the

month of July 2024.

15. Landlord complied with Minn. Stat. § 504B.181 by providing written notice to

Tenant, by posting, and by the actual knowledge of Tenant.

16. The 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.

17. Tenant has unlawfully retained possession of the Property and Landlord

respectfully requests the immediate return of possession of the Property, together with the costs of

filing and serving this action.

JELLUM LAW, P.A.
Dated: June 18, 2024
/s/ Lindsay W. Cremona
Lindsay W. Cremona, #393599
John W. Kuehl, #399794
Attorneys for Plaintiff
7616 Currell Boulevard, Suite 245
Woodbury, Minnesota 55125
(651) 439-2951
Lindsay.Cremona@JellumLaw.com
John.Kuehl@JellumLaw.com
#25284

ACKNOWLEDGMENT

The undersigned hereby acknowledges that costs, disbursements, and reasonable attorneys’
and witness fees may be awarded pursuant to Minn. Stat. § 549.211, subd. 2 to the party against
whom the allegations in this pleading are asserted.

/s/ Lindsay W. Cremona
Lindsay W. Cremona, #393599

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02-CV-24-3420
Filed in District Court
State of Minnesota
6/18/2024 8:46 AM

VERIFICATION AND AFFIDAVIT OF NON-MILITARY STATUS

Lindsay W. Cremona, being one of the attorneys representing Home SFR Borrower, LLC,
a Delaware limited liability company, d/b/a Progress Residential, the named Plaintiff herein, being
duly sworn, states that she has read the Eviction Complaint, and that it is true to her own
knowledge; that the Defendant is not now in the military service of the United States, to the best
of her information and belief.

/s/ Lindsay W. Cremona
Lindsay W. Cremona, #393599

Acknowledged, subscribed, and sworn to
before me on June 18, 2024.

/s/ Desirae D. Lenss
Notary Public, State of Minnesota
My Commission Expires January 31, 2027

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02-CV-24-3420
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DocuSign Envelope ID: E803022A-D064-410A-BSC7-D1CCZAEC1E2D
EXHIBIT A
State of Minnesota
6/18/2024 8:46 AM

Residential Lease

1. Parties
1.1 Parties to Lease. Home SFR Borrower, LLC ("Landlord") has entered into this Residential Lease ("Lease") with the
following individuals (individually and collectively, "Resident"):
Name: Edwin Martinez-Oviedo Email:edwinmarti964@gmail.com Phone: (763) 670-2554

Name: Name:
Name: Name:
Name: Name:

1.2 Occupants. The following additional individuals will occupy the Premises ("Occupants"):
Name: David Valderrama-Hernandez Name: Katie Martinez
Name: Alan Valderrama-Hernandez Name:
Name: Lily Valderrama-Hermandez Name:

1.3 Communications. Resident agrees to notify Property Manager in writing within five (5) days of any changes that
occur from the original rental application, including changes to home or mobile phone numbers, email addresses,
pets, and the addition or deletion of any Occupants. Resident must maintain a phone number local to the
continental United States. Resident authorizes Landlord and its agents to send text messages to any mobile phone
number given, in order for Landlord to convey information regarding the Premises, including rent reminders,
maintenance request information, and related messages as well as promotional or marketing messages. Resident
understands Resident will receive up to 10 messages per month and that standard text messaging and data rates will
apply to any messages received, and agrees not to hold Landlord or its agents liable for any electronic messaging
charges or fees generated by this service. This agreement is not a condition of any purchase. Landlord's privacy
policy can be found at https://rentprogress.com/disclosures/privacv-terms-of-use/. Resident may reply STOP to end
any automated promotional or marketing messages.
Initials: , , , , ,

1.4. Occupancy. Resident represents, warrants and covenants that all persons who will reside at the Premises are
listed above and that Resident shall not rent or occupy any other home managed by Property Manager or
any affiliate of Property Manager (as hereinafter defined) during the Term ofthis Lease. Lessees include any
individual over the age of 18 at the time of signing this Lease for whom the Premises is the primary residence.
Occupants include all minors and any individual, whether related or unrelated to any Resident or Occupant,
who sleeps on the Premises for more than two (2) weeks in any calendar month at any point in the Lease
Term. Resident will be held responsible for all actions and inactions of Occupants. All adult Occupants are
subject to application approval requirements. All Occupants are subject to and governed by this Lease as if
they were Residents, but only Resident shall be financially responsible for this Lease. lf Resident violates this
provision, Landlord may take all or any of the following actions: (i) declare Resident to be in default of this
Lease and exercise Landlord's remedies; (ii) charge Resident, as additional Rent, an initial amount of $500.00
per person and $35.00 per day thereafter per person for each day Resident violates the occupancy
restrictions.

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© 2023 Progress Residential Residential Lease (2023.v1)
02-CV-24-3420
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DocuSign Envelope ID: E803022A-D064-410A-BSC7-D1CCZAEC1E2D
EXHIBIT A
State of Minnesota
6/18/2024 8:46 AM

2. PREMISES

2.1. Progerty. Landlord rents to Resident and Resident rents from Landlord the residential property, personal property and
improvements located at the street address of: 11421 Quince St Nw Coon Rapids, MN 55448 ("Premises").

2.2. Propertv Manager. This Lease and the Premises wi|| be managed by Progress Residential Management Services, LLC,
(470) 268-3980, 550 Country Road D West, STE 11 New Brighton MN 55112 and CustomerCare@RentProgress.com (as
updated from time to time by Landlord, "Property Manager").

2.3. Landlord Reserved Improvements. This Lease is subject to Landlord's express reservation of rights for the Landlord and
its contractors, representatives, agents and other licensees, from time to time, to access, erect, construct, install, use,
operate, maintain, repair, replace and remove any improvements on, across, under, upon, in, over, and/or through the
Premises and any improvements situated thereon, including, without limitation, the home situated on the Premises(all
of such improvements being collectively, the "Landlord Reserved Improvements"), which Landlord Reserved
Improvements may include, without limitation, wireless service improvements, solar panels, or any other improvement
which the Landlord or a licensee of Landlord desires to install at the Premises. Without limitation, the foregoing
reserved rights include the right to trim, cut or remove any trees or other vegetation or any other debris from the
Premises, which in any way impairs the operation or maintenance of the Landlord Reserved Improvements. Such
Landlord Reserved Improvements may be accessed, erected, constructed, installed, used, operated, maintained,
repaired, replaced and/or removed for the Landlord's sole purposes and benefit and are not required to serve or
otherwise benefit the subject Premises or the Resident. Resident agrees to reasonably cooperate with Landlord to
facilitate access to the Premises and Landlord Reserved Improvements as needed for Landlord to be able to fully
exercise its reserved rights hereunder. Resident acknowledges that activities in connection with the rights reserved to
Landlord and its contractors, representatives, agents and other licensees hereunder may cause disruption or
inconvenience to Resident. No such disruption or inconvenience shall constitute a breach of the covenant of quiet
enjoyment or a constructive eviction or otherwise constitute a default by Landlord under this Lease or afford Resident
any rights or remedies of any type or nature against Landlord; provided, however, Landlord shall use commercially
reasonable, good-faith efforts to minimize any interference with Resident's quiet enjoyment of the Premises. Unless
otherwise elected by Landlord in writing, the Landlord Reserved Improvements are not a part of the Premises, and
Resident shall not suffer or permit any lien or other claim to attach to the Landlord Reserved Improvements. Resident
shall not tamper with, modify, alter or access the Landlord Reserved Improvements and Resident shall not install or
operate any improvements or equipment at the Premises that interferes with the operation and use of the Landlord
Reserved Improvements. Resident shall be responsible for any damage to the Landlord Reserved Improvements caused
by Tenant or Tenant's agents, representatives, contractors, guests or invitees.

3. LEASE TERM, TERMINATION and TRANSFER

3.1. Term. The Lease Term begins on 05/01/2023 ("Start Date") and ends on 04/30/2024 ("End Date"); such period
being referred to as the "Lease Term".
3.2. Possession of Premises. Resident is deemed to have possession of the Premises when keys are provided by Landlord.
Notwithstanding whether Resident has possession, Resident shall be responsible for Rent and other fees under this
Lease as of the Start Date and through the End Date or transfer of possession to Landlord, whichever is later. Landlord
is deemed to have possession of the Premises when keys are received from Resident, however, Landlord's acceptance of
possession during the Lease Term shall not constitute a waiver any of Landlord's rights and remedies herein.

3.3. Delay of Occupancy bv Landlord. If Landlord is unable to deliver possession of the Premises within ten (10) days after
the Start Date, Resident may terminate this Lease by giving written notice to Landlord before the Premises are made
available for occupancy by Resident, and Landlord will refund the Security Deposit, Holding Fee (if any), and any Rent
paid. Landlord shall not be liable for incidental or actual damages to Resident due to the delay. Notwithstanding the

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© 2023 Progress Residential Residential Lease (2023.v1)
02-CV-24-3420
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DocuSign Envelope ID: E803022A-D064-410A-BSC7-D1CCZAEC1E2D
EXHIBIT A
State of Minnesota
6/18/2024 8:46 AM

foregoing, Resident shall not have the right to terminate this Lease because of delays caused by mere cleaning or make-
ready work that does not affect habitability of the Premises.

3.4. Resident's Refusal to Occupv. If Resident refuses to take possession of the Premises after being made available by
Landlord, the obligations of Landlord under this Residential Lease shall cease and Landlord shall have the right to retain
Resident's Security Deposit and a|| other amounts collected by Landlord. Landlord's acceptance of Resident's Security
Deposit and such other collected amounts do not waive Landlord's right to exercise other available remedies.

3.5. Lease Termination; Month-to-Month Extension. Resident may terminate this Lease at the end of the Lease Term only by
giving Property Manager sixty (60) days' prior written notice of Resident's intent to vacate. Landlord may terminate
this Lease at the end of the Lease Term by giving Resident sixty (60) days' prior written notice or as othenNise
permitted herein. If neither party gives the requisite termination notice, then this Lease will continue on a month-to-
month basis for successive one (1)- month terms until either party gives thirty (30) day notice to terminate a month-
to-month tenancy. This shall not constitute a renewal of the Lease for any longer term. During any month-tomonth
tenancy, a|| other Lease terms wi|| continue to apply, except that the monthly rent payments shall be increased to 120%
of market Rent for the Premises, without notice. If the Resident provides notice of less than sixty (60) days of the intent
to vacate, this will be considered late notice and the Resident will be charged Rent through the full sixty (60)-day notice
period, prorated through the notice period. Any of'fer of Landlord to enter into a new lease agreement or renewal term
with the Resident is specifically contingent upon the Resident's account being in good standing. ln the event Resident is in
default, monetary or otherwise, any renewal offers shall be deemed revoked and Resident shall vacate the Premises at the
end of the Lease Term without further notice or action of Landlord.

3.6. Holdover. If Resident fails to timely vacate the Premises after giving notice of termination to Property Manager or after
receiving a Landlord notice of termination, the Resident shall be considered a tenant at sufferance and the holdover will
not constitute a renewal or an extension for any further term. Rent during the holdover will be two times (2x) the
Monthly Rent, calculated on a daily basis, and will be immediately due and payable without notice or demand. ln
addition, Resident will indemnify Landlord and Landlord's prospective new residents of the Premises for any damages,
including, without limitation, lost Rent, lodging expenses, moving fees, costs of eviction, and attorneys' fees. Landlord
does not consent to any holding over by Resident. This paragraph does not limit or waive any other rights or remedies
of Landlord.

3.7. Lease Transfer. During the Lease Term, as long as Resident is not and has not been in default, Resident may request
to transfer to another available residence managed by the Property Manager, subject to (i) applicable income and
credit qualification, (ii) execution of a new lease with a term of at least one(1) year, and (iii) the payment ofa
transfer fee equal to one (1) months' current Monthly Rent, plus any applicable tax.

3.8. Earlv Termination. Resident agrees to pay an amount equal to two months' Rent as liquidated damages or an early
termination fee if Resident elects to terminate the Lease for any reason (other than those identified in Section 17, below)
prior to the End Date of the Lease. Upon receipt of payment, the Landlord waives the right to seek additional Rent
beyond the date that the Landlord retakes possession, and such termination will not be considered an event of default.
Failure to make timely payment may result in a default of the Lease, and Landlord shall have all rights and remedies
available hereunder.
Initials: as
, , ,

3.9. NO ORAL NOTICE; TIME IS OF THE ESSENCE. Oral notification is not sufficient under any circumstances. Time is of the
essence for providing notice of Lease termination, and strict compliance with the dates by which such notice must be
provided is required.

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© 2023 Progress Residential Residential Lease (2023.v1)
02-CV-24-3420
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DocuSign Envelope ID: E803022A-D064-410A-BSC7-D1CCZAEC1E2D
EXHIBIT A
State of Minnesota
6/18/2024 8:46 AM

4. RENT: "Rent" will mean all Monthly Rent and additional rental charges that Resident is obligated to pay Landlord under
the terms of this Lease.
4.1. Monthly Rent. Resident wi|| pay rent per month plus any applicable sales or rental tax ("Monthly Rent"), as follows:
05/01/2023 04/30/2024: $1,997.00.

: $N/A

Rent sha|| be due without notice, demand or deduction. If Lease Term is shorter than twelve (12) full months, a short
term premium in the amount of $N/A wi|| apply, and be payable on a monthly basis as Rent

4.2. When Payable; Priority of Payments. Monthly Rent is payable in advance on or before the first (lst) day of each
calendar month and delinquent if not received by the second (2nd) day of each calendar month. A|| payments made
by Resident to Landlord under this Lease wi||, without regard to their characterization or earmarking by Resident, be
allocated by Landlord in the following order of priority: (i) to late charges and amounts owed from maintenance
charge-backs, fines caused by Resident, and other Resident actions or inactions in violation ofthis Lease; (ii) to
delinquent Rent; and (iii) to current Rent due and payable.

4.3. Procedure for Making Payments. Resident may not pay Rent in cash. Rent may be paid only through the
following methods:

(a) Electronic ACH payment, debit or credit card, or "Text to Pay," through Landlord's online payment portal
available at www.rentprogress.com (additional fees for debit and credit card payments may apply); or
(b) Check, money order or cashier's check payable to Landlord by mail to Landlord at P0 Box 4300, Scottsdale,
AZ 85261.

4.4. Acceptance of Partial Rent. Rent must be paid in full. Any acceptance of partial Rent by Landlord is speciﬁcally
accepted with full reservation of rights, and will not waive Resident's breach of this Lease or limit Landlord's rights to
evict Resident through eviction proceedings, whether filed before or after Landlord's acceptance ofany such partial
Rent payment.

5. LATE CHARGES; OTHER FEES. Any payment due under this Lease that is not paid timely and in full shall be subject to fees
and charges, which shall be deemed additional Rent.

5.1. Late Charges. Any Rent payment or portion thereof received bv Landlord or its agents after the third (3rd ) day of
the month will incur a late charge of $125.00 plus any applicable tax on the entire overdue amount ("Late Charge"),
which will be charged on the fourth (4th) day of the month and each month thereafter in which any Rent payment,
portion thereof, or Late Charge, remains outstanding. If Resident pays Rent late on two (2) or more instances, then
Landlord reserves the right to increase the Late Charge as permitted by applicable law and subject to the terms of
any security deposit addendum attached hereto. ln no event will any late charge payable under this Lease exceed
the maximum late charge allowed under applicable law, and in the event Landlord collects any late charge in excess
of the maximum amount allowed under applicable law, any such excess shall be credited to Resident's obligations
under this Lease or, if this Lease has terminated or expired and Resident has no further obligations to Landlord at
such time, any such excess shall be refunded to Resident.

5.2. Insufficient Funds Fee. lfa check tendered in payment of any obligation under Resident's rental application or this
Lease is dishonored or returned by the financial institution on which it is drawn for any reason, Landlord shall be
entitled to charge an insufficient funds fee of forty dollars ($40.00) plus any applicable tax ("NSF Fee") in addition to
all other late charges, fees, and expenses which Landlord may be entitled to recover either under this Lease or
applicable law. If two (2) checks are returned at any time with respect to any payment made in connection with
Resident's rental application or during the Lease Term, Resident shall make all subsequent payments in cashier's check

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© 2023 Progress Residential Residential Lease (2023.v1)
02-CV-24-3420
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DocuSign Envelope ID: E803022A-D064-410A-BSC7-D1CCZAEC1E2D
EXHIBIT A
State of Minnesota
6/18/2024 8:46 AM

or money order, as Landlord may elect; cash will not be accepted.

5.3. Posting Fee. Resident shall pay a posting fee of forty dollars ($40.00) plus any applicable tax ("Posting Fee") for
notice to pay Rent, notice of non-compliance, or any other postings or notices required by |aw in connection with
Landlord's remedies.

5.4. Additional Rent; No Waiver. Any Late Charge, NSF Fee, or Posting Fee due must be paid with the current installment of
Rent and a|| such fees incurred by Resident wi|| be deemed additional Rent. Landlord's acceptance of any of the fees
wi|| not constitute a waiver as to any Resident default, an extension of payment due dates, or a waiver ofany other

rights and remedies.

5.5. HOA or Municipality Non-Compliance Fee. If Landlord receives notice of a CC&R, city code, or other municipal
violation at the Premises, and the Landlord determines that the violation is attributable to action or inaction of the
Resident, a Non-Compliance Fee of $45.00 wi|| be charged for notifying you of the violation, in addition to any fines
assessed by the HOA, municipality, or other governing body.

5.6. Administrative Fees; Other Fees. Administrative fees may apply from time to time, as follows:

(a) A nonrefundable Lease Administration Fee in the amount of $0 wi|| be due and owing prior to Resident taking
possession of the Premises.
(b) Resident sha|| pay a monthly Resident Benefits Package Fee of $15.00. The Resident Benefits Package Fee is
assessed for professional management services and technology provided by property management for the
convenience of the resident.
(c) An Eviction Administration Fee in the amount of $200 wi|| be charged for the Property Manager's preparation of
documents for an eviction proceeding.
(d) An Amendment fee in the amount of $100 wi|| be charged for documentation of Resident-requested changes to
the Lease during the Lease term, including but not limited to the addition or removal of Residents or adult
Occupants, and the addition of pets.

6. SECURITY DEPOSIT: Resident must pay to Landlord an amount equal to $1,688.00 as a security deposit ("Security
Deposit") on or before the date Resident enters into this Lease. The Security Deposit shall be paid by certified check,
money order or cashier's check separately from Rent and fees paid hereunder. The Security Deposit shall stand as a
continuing and unconditional guarantee for the terms of this Lease and Resident's obligations under applicable law, as well
as security for the Rent, and to indemnify Landlord against any damage to the Premises or furnishings, whether caused by
Resident, Occupants, or members of their family or persons upon the Premises with their consent and further to indemnify
Landlord for any breach of this Lease.

6.1. No use as Rent. THE SECURITY DEPOSIT MAY NOT BE USED BY RESIDENT IN LIEU 0F PAYMENT 0F ANY RENT DUE
UNDER THIS LEASE UNLESS EXPRESSLY AGREED T0 BY LANDLORD IN IT'S SOLE DISCRETION.

6.2. Charges After Move-Out. After you move out, there will be a move-out inspection of the Premises. You will
receive notice of the inspection and a reasonable opportunity to attend, if and when required by local law. During the
inspection, the condition of the Premises will be reviewed in detail along with the move-in inspection report (if
applicable) and any photographs of the Premises taken before or at the time of move-in, or during the mid-year
inspection (if any). Any damage or defect of the Premises that was not present at move-in, "ordinary wear and
tear" only excepted, will be the Resident's responsibility to repair or remediate, and the Landlord will charge the
Resident's security deposit accordingly. See the attached Repair Services Cost Sheet Addendum for examples of
charges that may be incurred. The Premises must be professionally cleaned, including carpets. lfthe Premises are not
left professionally clean, or if repairs that have been determined to be the Resident's responsibility are

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© 2023 Progress Residential Residential Lease (2023.v1)
02-CV-24-3420
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DocuSign Envelope ID: E803022A-D064-410A-BSC7-D1CCZAEC1E2D
EXHIBIT A
State of Minnesota
6/18/2024 8:46 AM

necessary, a minimum charge of $450.00 shall be deducted from the Security Deposit to cover the cost of cleaning
the Premises.

6.3. Ordinarv Wear and Tear. For the purposes of this Lease, "ordinary wear and tear" is deﬁned as usual degradation
which results from the day to day use of the Premises and from lapse of time, such as the normal ageing of the
Premises, its ﬁxtures, flooring, appliances, hardware and finishes, and shall not include any of the following:
improper usage, neglect or abuse, failure to professionally clean the Premises, failure to return the Premises
without defect or damage (including but not limited to damaged flooring, appliances, walls or paint), pet odors and
stains, and failure to comply with the maintenance obligations described in Section 9 below.

6.4. Replenishment and Assignment. lf any part of the Security Deposit shall have been used by Landlord in accordance
with the terms of this Lease or applicable law, Resident shall, upon demand, immediately deposit with Landlord a
sum equal to the amount so applied by Landlord, so that Landlord shall have the full Security Deposit on hand at all
times during the Lease Term, and any Renewal Terms or holdover thereof. ln the event of the sale, transfer or
assignment by Landlord of Landlord's interest in the Premises or this Lease, Landlord shall have the right to
transfer the Security Deposit to the transferee, whereupon Landlord shall be released from all liability for the
Security Deposit and Resident shall look solely to the new landlord for return of the Security Deposit.

6.5. No Interest. No interest will be paid on the Security Deposit unless required by applicable law.

7. USE AND OCCUPANCY.

7.1. Condition of Premises. Resident will inspect the Premises and agrees to accept the condition "AS IS" with no warranties
or promises express or implied. Resident will personally examine the Premises prior to taking possession, and by
taking possession of the Premises agrees that the Premises are suitable for Resident's occupancy. All visible damage
or defect of the Premises must be noted at move-in on a move-in inspection report or written communication to the
Property Manager. The absence of any such note will be conclusive evidence of the Resident's responsibility of the
damage or defect. Resident accepts the Premises and all furnishings, appliances, landscaping and fixtures AS lS, WITH
ALL FAULTS. Except as expressly provided herein, Landlord has made no express or implied representations or
warranties regarding the condition of the Premises. The Premises and any personal property or fixtures included
therewith are clean and in operable condition. The taking of possession of the Premises by Resident shall be
conclusive evidence that the Premises were in satisfactory condition at the time such possession was taken.

7.2. Private Residential Use Onlv. The Premises may be used as a private residence only. The Premises may not be used
for operation of a business or commercial activity of any type, including, but not limited to, in-home child care.

7.3. Assignment and Subletting. Resident may not assign this Lease or sublet the Premises, including temporary or
"micro" tenancies such as home-sharing or vacation rentals. Any such assignment or sublease of this Lease is
immediately voidable by Landlord. Landlord's consent to any one assignment, transfer or sublease will not be
construed as consent to any subsequent assignment, transfer or sublease and will not release Resident of Resident's
obligations under this Lease.

7.4. Homeowner Association Rules. lf the Premises are located within homeowner, neighborhood, or condominium
association ("HOA"), then Resident's rights under this Lease shall be subject to the covenants, restrictions and
requirements of such HOA relating to the Premises, which covenants, conditions and restrictions are hereby
incorporated herein ("CC&Rs").

(a) Compliance. Resident must review and comply with all CC&Rs requirements affecting the Premises. lf Landlord
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© 2023 Progress Residential Residential Lease (2023.v1)
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EXHIBIT A
State of Minnesota
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receives notice of a CC&R violation at the Premises, and the Landlord determines that the CC&R
violation is attributable to action or inaction of the Resident, an HOA Non-Compliance Fee of $45.00
wi|| be charged for notifying you ofthe violation. In addition, Resident wi|| be required to reimburse
Landlord for any ﬁnes or other charges assessed against the Premises or Landlord for Resident's failure to
comply with any such CC&Rs, whether or not Landlord has been notified of the violations or provided
notice to the Resident. Ifthe Resident fails to remedy the violation within the appropriate time period,
the Landlord or Property Manager is authorized to cure the violation on the Resident's behalf, and
Resident sha|| be required to pay the cost to cure.

(b) Approval. |f(i) an HOA requires approval of this Lease and this Lease is not approved by the HOA for any
reason, the Resident agrees to comply with the demand ofthe HOA including but not limited immediately
and peacefully vacating the Premises (if possession has already been given), and curing violations and/or
paying fines, and in all cases holding Landlord harmless for such non-approval. Resident shall look solely
to the HOA that has denied Lease approval for redress of any grievances caused thereby.

(c) Fees. The Resident will be responsible for any fees or charges required to be paid to the HOA for amenities,
utilities, or other mandatory services that benefit the Resident, such as cable/satellite service, trash
services, and required landscaping services. These charges may change from time to time as determined
by the HOA, and when the Landlord is notiﬁed, these charges will be added to the Resident's ledger to be
paid as additional Rent. Charges that are known to Landlord as of the date of this Lease will be identified
in an addendum hereto.

7.5. Neighborhood Conditions. Resident is advised to satisfy himself or herself as to neighborhood or area conditions,
including schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or
offenders, ﬁre protection, other governmental services, availability, adequacy and cost of any wired, wireless internet
connections or other telecommunications or other technology services and installations, proximity to commercial,
industrial or agricultural activities, existing and proposed transportation, construction and development that may
cause or affect noise, view, or trafﬁc, airport noise, noise or odor from any source, wild and domestic animals, other
nuisances, hazards or circumstances, cemeteries, facilities and condition of common areas, conditions and influences
of signiﬁcance to certain cultures and/or religions, and personal needs, requirements and preferences of Resident.

7.6. Resident may not harbor any pet on the Premises that is not identified in or otherwise permitted by the Pet
Addendum, even if only temporarily. If Resident violates this provision, Landlord may take all or any of the following
actions: (i) declare Resident to be in default of this Lease and exercise Landlord's remedies; (ii) charge Resident, as
additional Rent, a Pet Default Fee of $200, plus the Pet Fee of $300.00 per pet and $ 35.00 per day thereafter per pet
for each day Resident violates the pet restrictions; and (iii) charge to Resident Landlord's cost to exterminate the
Premises for fleas and other insects, clean and deodorize Premises, and repair any damage caused by the
unauthorized pet(s).

7.7. Prohibited Activities. Smoking is not allowed on the Premises. Moreover, Resident shall not:
(a) install or permit any of the following on the Premises, even if only temporarily: spa, hot tub, above-
ground pool, trampoline, or any item which may cause or causes a suspension or cancellation of property
insurance coverage or increases property insurance premiums; or
(b) cause, or permit the Premises to be used in connection with, any activity that is a nuisance, offensive, noisy,
or dangerous or that involves (i) repairing a vehicle; (ii) violation of any zoning ordinance, CC&R, or other
local rule or regulation; (iii) illegal or unlawful activity; or (iv) obstruction, interference with, or infringement
on the rights of other persons near or about the Premises.
(c) disrupt or interfere with Landlord's business operations, or communicate with Landlord, Landlord's agent,
or their employees in an unreasonable, discourteous, rude or hostile manner
Resident agrees and authorizes Landlord to use any arrest record or police-generated reports referring to Resident as
7
© 2023 Progress Residential Residential Lease (2023.v1)
02-CV-24-3420
Filed in District Court
DocuSign Envelope ID: E803022A-D064-410A-BSC7-D1CCZAEC1E2D
EXHIBIT A
State of Minnesota
6/18/2024 8:46 AM

reliable direct evidence of Resident's conduct or violation of this section.

7.8. Parking. Resident shall only allow parking of Resident's and Occupants' personal vehicles at the Premises, subject to
local rules and regulations and applicable CC&R's. Resident may not park or permit any person to park any vehicles
on the grass or on the front or back yard. The driveway, garage, and/or parking space(s) are to be used for properly
licensed and operable motor vehicles only and unless approved in writing by the Property Manager, may not be used
for trailers, boats, campers, RVs, buses or t

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