Preview
27-CV-HC-24-4022
Filed in District Court
State of Minnesota
6/19/2024 4:17 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: HOUSING
Courtyard Apartments, LLC,
Plaintiff, COMPLAINT
vs.
Sharona Akaseng (dob unknown),
John Doe, Jane Doe,
Defendant.
Parties
1. Plaintiff is Courtyard Apartments, LLC. Plaintiff is a Landlord as that term is defined
in Minn. Stat. § 504B.001, Subd. 7.
2. Defendant is Sharona Akaseng. Defendant is a Residential Tenant as that term is
defined in Minn. Stat. § 504B.001, Subd. 12.
The Lease
3. There is a written lease between the parties and it is attached to the Complaint as
Exhibit A.
4. The address of the property in the Lease is 2514 Highway 100 South #511, in the City
of St. Louis Park, County of Hennepin, State of Minnesota, Zip Code 55416.
5. The tenancy is not affected by a federal or state housing subsidy program through
project-based federal assistance payments; the section 8 program; the LIHTC program
or any other similar program.
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27-CV-HC-24-4022
Filed in District Court
State of Minnesota
6/19/2024 4:17 PM
Conditions Precedent
6. All necessary conditions precedent have been performed or have occurred.
7. Plaintiff has complied with Minn. Stat. § 504B.181 by:
a. disclosing to tenant either in the rental agreement or otherwise in writing prior
to the beginning of the tenancy the name and address of: 1) the person authorized
to manage premises; and 2) an owner or agent authorized by owner to accept
service of process and receive and give receipts for notice and demands, AND
b. posting in a conspicuous place on the property a printed or typewritten notice
containing the above information in the lease, OR
c. the above information is known by or has been disclosed to the tenant not less
than 30 days before the filing of this action because of communications from
landlord.
Count 1: Eviction – Non-payment
8. A detailed, itemized accounting or statement listing the amounts owing is attached to
this Complaint as Exhibit B.
9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly
delivered. That notice is attached to this Complaint as Exhibit C.
10. In addition to the arrearages identified in the immediately preceding paragraphs,
pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored
to possession, Defendant(s) may be required to pay to the landlord or bring to court
the amount of the rent that is in arrears, with interest, costs of the action, and an
attorney’s fee not to exceed $5, and by performing any other covenants of the lease –
including amounts that become due during the pendency of this action.
11. The total amount required to redeem the tenancy is $2,459.56 + $377.00 (costs of the
action – filing fee and service fee) for a total of $2,836.56, plus any additional
amounts, or other covenants of the lease which may become due during the pendency
of the action. The amount pled may not include all money owing under the lease.
12. Defendants’ military status is unknown.
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27-CV-HC-24-4022
Filed in District Court
State of Minnesota
6/19/2024 4:17 PM
Request for Relief
1. Plaintiff seeks judgment against Defendant and an Order for possession of the
property and the issuance of an immediate Writ of Recovery.
2. Plaintiff seeks all allowable costs and disbursements of the action.
I declare under penalty of perjury that everything I have stated in this document is true and
correct to the best of my knowledge and belief. Minn. Stat. § 358.116.
Dated: June 19, 2024 HANBERY & TURNER, P.A.
/s/ Douglass E. Turner
Douglass E. Turner, #0279948
33 South 6th St. Suite 4160
Minneapolis, MN 55402
Tele: (612) 353-4388
EM: hnc@hnclaw.com
Attorney for Plaintiff
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27-CV-HC-24-4022
Filed in District Court
State of Minnesota
Goldmark Property Management, Inc. 6/19/2024 4:17 PM
Lease Agreement
TENANT CODE: t0403486
SITE OFFICE: Courtyard PHONE: (952) 929-2946
PROPERTY: Courtyard APT #: 0511
INCLUDED WITH TOTAL MONTHLY PAYMENT RENT: PARKING #: Off GARAGE #: STORAGE #:
ALL OCCUPANTS: Sharona Akaseng
This LEASE AGREEMENT is dated this 25th day of April, 2024 between Goldmark Property Management, Inc. (hereinafter “Landlord”) and All
Lessees (hereinafter “Tenant”). The parties agree to the following terms and conditions:
1. PREMISES. Landlord, in consideration of the Total Monthly Payment (Rent) to be paid and the covenants to be performed by Tenant
does hereby lease to Tenant Apartment No. #0511 located at Courtyard 2514 Hwy 100 South , St Louis Park, MN, for a term of 2 months.
This Lease Agreement begins on 04/30/2024 and ends on 05/31/2024.
After fulfillment and expiration of the original lease term, unless a notice to vacate is given by either party, this Lease Agreement and all its
terms shall remain in full force and effect. Notwithstanding, rent increases, increases relating to utilities or other charges under the lease,
the Lease Agreement shall automatically renew and convert to a month-to-month tenancy. If Tenant(s) wish to remain on a month-to-
month lease, Total Monthly Payment will be increased to the current market rental rate and a month-to-month fee in the amount of $250.00
per month will apply.
Tenant/s agrees to use the premises only as a private residence. The apartment unit will be occupied by the persons listed in this agreement
and all other persons occupying the property not on this agreement are considered illegal/unauthorized occupants which is a material
violation of this lease and shall result in an immediate eviction action. Tenant does not have Landlord’s permission to allow any other
persons to use or regularly stay in the premises without express written permission of the Landlord. Tenant cannot give keys and access
materials to others without the express written permission of Landlord. Tenant must live in the unit and the unit must be used as a private
dwelling for himself/herself and the individuals listed on the lease. Any other persons residing in the premises not on the lease and not
approved by Landlord are trespassers and violators of Minn. Stat.§ 504B.301.
2. TOTAL MONTHLY PAYMENT (RENT). Tenant agrees to pay Landlord:
Monthly Rent $ 1,117.00
Garage Rent $ 0.00
Parking Rent $ 0.00
Storage Rent $ 0.00
Pet Rent $ 0.00
Administrative Fees $ 0.00
Total Monthly Payment $ 1,117.00
UTILITIES: Will be allocated as follows:
Utilities Included in Total Monthly Payment
BASIC ELECTRICITY HEAT HOT LAWN GARBAGE SEWER SNOW SNOW WATER
CABLE WATER CARE REMOVAL REMOVAL
HEATER PARKING BLCNY/GRG
LOT
X X X
Utilities Paid by Tenant:
X X X X
*If Tenant fails to put utilities in his/her/their names on or before the first date they occupy the premises, then a Utility Recovery Monthly
Fee is in addition to what the Landlord has contemplated in the Total Monthly Payment. The fee will be added to Tenant’s ledger as
additional rent.
The Total Monthly Payment for the Premises is $1,117.00 per month. The Total Monthly Payment is due on the first day of each month.
Tenant will make the Total Monthly Payment to Landlord in full and on-time by electronic funds transfer or received by Landlord at the
following address: Goldmark Property Management – Accounts Receivable PO BOX 1390, Fargo ND 58107 on or before the 1st day
of the month, or any other place the Landlord designates in writing to Tenant. The Total Monthly Payment is due on or before the first day
of each month while this lease is in effect and during any extensions or renewals of this lease and shall be received by the Landlord on or
before the first day of the month without demand, deduction, set-off, or counterclaim, except as provided by this lease. It is Tenant’s
responsibility to ensure that his/her/their Total Monthly Payment is received by the Landlord on or before the first day of the month and the
Landlord does not have any obligation to demand or collect the rent. The Total Monthly Payment includes all monthly rent and any other
MN Lease Agreement Revised 04.11.2024 EXHIBIT A Page 1 of 18
Document digitally signed using RENTCafe eSignature services. Document ID: 6536356
27-CV-HC-24-4022
Filed in District Court
State of Minnesota
Goldmark Property Management, Inc. 6/19/2024 4:17 PM
Lease Agreement
nonoptional charges in this paragraph. Total Monthly Payment may also be referred to as “Rent or rent” in this Lease Agreement. Tenant
understands that the 1st month’s rent may be prorated based on the Tenant’s actual move-in date. Tenant agrees to pay the prorated rent if
the move-in date is not on the first of the month or the start date identified in this Lease Agreement. Prorated Rent (if applicable): The
prorated April rent is $37.00.. If applicable, after the first month’s prorated rent payment, then Tenant agrees to pay the Total Monthly
Payment beginning the second month of the Lease Agreement and continuing to make the Total Monthly Payment on the first day of the
month through the date of termination and all extensions or renewals.
TERMINATION: Either party may terminate this Lease Agreement at the end of the fixed term as defined above. In order for that notice of
termination to be proper, it must be (A) written; and (B) received by Landlord on or before the first day of the month, which is at least
TWO FULL CALENDAR MONTHS prior to the end of the lease period. If this Lease Agreement has been renewed on a month-to-
month basis, the notice of termination can be given by either party in writing at least one full calendar month prior to the end of the lease
period. Any notice of termination is effective as of the last day of the month only and surrender of the premises must be no later than noon
on the last day of the month. No surrender of the premises will be considered accepted by Landlord without written consent of Landlord.
Any other form of termination must be agreed upon in writing by both parties. FAILURE TO GIVE PROPER NOTICE OF
TERMINATION WILL RESULT IN THE TENANT(S) BEING RESPONSIBLE FOR ANY TOTAL MONTHLY PAYMENT
DUE FOR THE REMAINING LEASE PERIOD FOR WHICH YOU ARE LEGALLY RESPONSIBLE, IN ADDITION TO AN
EARLY TERMINATION CHARGE OF 300.00. UPON TERMINATION OF THE LEASE AGREEMENT, TENANT(S) SHALL
PROVIDE LANDLORD WITH A FORWARDING ADDRESS.
ADDENDA TO THE LEASE: A violation of a material term in any of the addenda will be deemed a material violation of the lease.
EPA Liability Pest Pet Resident Satellite Smoke Surety Utility
Disclosure Insurance Handbook Free Bond
X X X X X X X
NOTICE IN ACCORDANCE WITH MINN. STAT. § 504B.181. The Landlord of the premises/apartment is Goldmark Property
Management, Inc. The name and address of the person authorized to manage the property, accept service of process, collect rents and give
receipts and accept notices for the Landlord, including notices to vacate, is 4340 18th Ave S, Suite 200, PO Box 3024, Fargo, ND 58108.
3. UTILITIES: Tenant is responsible for paying utilities in accordance with the Utility Billing Addendum for the duration of the Lease
including any extensions or renewals. The Utility Billing Addendum is attached to this Lease and made part of the agreement. Tenant’s
failure to pay their Trash/Water/Sewer utility bill on a timely basis shall be a violation of this Lease. This includes all hook-up and
transfer charges. In the event that Landlord revises the method of delivering or billing for the Trash/Water/Sewer utility services, Tenant
agrees to such changes and agrees to execute any Utility Billing Addendum provided by Landlord. Landlord agrees to provide Tenant
notice of the total water utility cost of the building for each month of the most recent calendar year. Landlord has predetermined an
equitable method of apportionment and frequency of billing for the Water/Sewer utility that is separately metered in accordance with the
Utility Billing Addendum and made part of this lease. Upon Tenant’s request, Landlord agrees to provide a copy of the actual utility bill for
the building along with each apportioned bill. Upon Tenant’s request, Landlord will provide past copies of actual utility bills for any
period of the tenancy for which the Tenant received an apportioned utility bill. Tenant is further advised, in accordance with Minn. Stat. §
504B.215, Tenant is notified that there may be energy assistance available from the Low Income Home Energy Assistance Program as
follows: https://mn.gov/commerce/energy/consumer-assistance/energy-assistance-program/. Minnesota Department of Commerce, 85 7th
Place East, Suite 280, St. Paul, MN 55101. Main Office: 651-539-1500; Energy Information 800-657-3710.
4. PARTIAL PAYMENT OF TOTAL MONTHLY PAYMENT/RENT. Tenant(s) expressly agrees and acknowledges that acceptance by
the Landlord of partial Total Monthly Payments does not and shall not constitute acceptance of rent and shall not constitute a waiver by the
Landlord to further collect the remaining amounts of the rent and late fees due. All partial payments are deemed a payment on account and
no endorsement or statement on any check or other communication shall be deemed and accord and satisfaction and Landlord shall accept
such payment without prejudice to the Landlord’s right to recover the balance of any sums owed by the Tenant hereunder or to pursue
against Tenant any additional remedies under this lease or provided by law. Tenant acknowledges that the Landlord by accepting a partial
payment may continue all of its rights and remedies under the law including bringing an eviction action as a result of the Tenant’s failure to
pay the balance of the Total Monthly Payment owed.
5. LATE FEES AND RETURNED CHECK CHARGES. Any Total Monthly Payment/Rent not received by the Landlord by the 1st day
of the month is considered late on the second (2nd) day of the month and as additional rent shall result in an 8% late fee of the Total
Monthly Payment being added to the Tenant’s ledger. Payment can only be made by certified funds, money order, or automatic
withdrawal. Tenant understands that this provision of the agreement applies to the late fee only and understands and acknowledges at all
times throughout this agreement that the rent is due on the first of each month and that this provision only applies to whether a late fee
applies to the Total Monthly Payment obligation. The Total Monthly Payment is always due on the first. Returned check /NSF charges will
be assessed in accordance with state law for any funds that do not clear the bank.
6. SECURITY DEPOSIT. Tenant shall pay to the Landlord the security deposit in the amount of $ which sum shall be retained by the
Landlord as security for Tenant’s full, timely, and faithful performance of all of the Tenant’s obligations hereunder. Tenant(s) may choose
to reduce or eliminate the security deposit by purchasing a surety bond and completing a Surety Bond Addendum to this Lease Agreement.
Failure of the Tenant to pay the security deposit upon execution of this agreement or any other time stated in this lease is a lease violation
MN Lease Agreement Revised 04.11.2024 Page 2 of 18
Document digitally signed using RENTCafe eSignature services. Document ID: 6536356
27-CV-HC-24-4022
Filed in District Court
State of Minnesota
Goldmark Property Management, Inc. 6/19/2024 4:17 PM
Lease Agreement
and grounds for an eviction action. If the Tenant’s security deposit is returned by the bank after the Tenant takes possession, then this is a
material violation of the lease agreement and will result in an immediate eviction action. Tenant acknowledges that the security deposit is a
prerequisite to taking possession of the unit and acknowledges that if the amount is not paid and credited to the Tenant’s account, then
Tenant cannot take lawful possession and is in violation of the lease. The parties agree that the Security Deposit cannot be used as last
month’s rent unless the parties agree in a separate writing outside this lease agreement. Tenant shall be entitled to a return of the security
deposit as required by Minn. Stat §504B.178 as long as the Tenant fully performs the covenants and provisions of this lease. Landlord
shall refund the deposit (from which will be deducted any amounts due and owing under the lease including but not limited to actual
physical property damage, unpaid rent and late fees, unpaid bank charges, unpaid utility bills) or any portion of the unused balance thereof,
if any, to the Tenant as required by Minn. Stat §504B.178 provided the Tenant provides a forwarding address to the Landlord in advance of
the Tenant’s move-out. Landlord shall not be required to segregate or hold the security deposit separate from the Landlord’s operating
account or other funds, but shall carry such sum as a bookkeeping entry only. Landlord may send the explanation or return of the deposit
to any person listed as Tenant and is not required to send the explanation to all tenants or apportion the deposit among tenants. Landlord is
only required to send the itemization and or the actual deposit to the Tenant that paid the deposit and not to other persons that did not pay
the deposit but resided in the property. Tenants understand and agree that Tenant is liable for all damages in excess of the security deposit
and shall pay any amount in excess of the security deposit. Landlord and Tenant may make arrangements to pay the security deposit in
writing after tenant has taken possession if all the security deposit is not paid in accordance with this paragraph. Any additional agreement
to pay the security deposit in addition to monthly rent is part of this lease and failure to abide by any agreements is a material violation of
the lease and shall result in an eviction action.
7. ANIMALS. Tenant understands that animals/pets are not allowed in the apartment complex without express written permission of
Landlord and compliance with the insurance provisions of this lease if any. Tenant acknowledges that he/she/they do not have any pets on
the premises as of the signing of the lease. Tenant understands that if at any time during the term of this lease, Landlord discovers pets on
the premises that having the animal is a material violation of the lease and grounds for eviction. Even if Tenant removes the animal, Tenant
will be subject to eviction proceedings and will remain obligated to pay the entire Rent pursuant to the lease agreement. Tenant further
understands that he/she/they will be responsible for all damage incidental to the pet being on the premises. If animals are allowed by
Landlord with their express written permission, Tenant agrees to comply with and execute all addenda including paying an additional pet
deposit, pet rent, submitting the animal to pet DNA testing and complying with all pet DNA protocols and procedures. A Pet Addendum
must be signed in advance of bringing an animal onto the property.
8. INITIAL OCCUPANCY AND CONDITIONS OF PREMISES. If the Landlord is unable to give Possession of the apartment on the
specified date for the start of the term, the Tenant cannot sue the Landlord for any resulting damages.
Tenant agrees that the Tenant is renting the apartment with equipment, fixtures, and appliances as is. The Landlord is not obligated to
make any alterations, improvements, or repairs to the apartment, appliances, or to the building, other than required by law.
9. SERVICES AND FACILITIES. Landlord will provide heat (in season only) and hot and cold water which Tenant agrees not to waste
provided utilities. Tenant agrees to pay all electric bills when due. Tenant shall, at their expense, continuously contract for electric service
not provided by the Landlord throughout the term of the lease. In the event that Tenant fails to have electric service transferred to their
name or Tenant’s electric service is disconnected at any time during the lease, Landlord shall have the right at Landlord’s option to declare
Tenant in default and cancel the agreement or add such electric charges to the Tenant’s monthly rent or file an eviction action. Violation of
this paragraph is a material violation of this lease and will result in an immediate eviction. If at any time the electricity becomes on a single
meter instead of a shared meter, Tenant agrees to pay the electricity as long as the unit is a single meter utility immediately upon notice to
the Tenant. Landlord is not liable for damages caused by an interruption in any of the services. Tenant agrees that rents will not be
adjusted for interruption or failure of appliances or services or equipment in the buildings. Any air conditioning equipment is an amenity
and is not included in the lease agreement. Landlord is not obligated to repair a nonfunctioning air conditioner. Any elevator facilities or a
guaranty that an elevator is working in the building is not included in the lease. If a refrigerator is not working in Tenant’s unit, you must
immediately notify Landlord in writing.
10. PEST CONTROL. All Tenants are required to assist Landlord in pest control procedures. Your participation in our pest control treatment
program is MANDATORY. If your unit is not ready when our pest control vendor is treating units, you may be required to pay a
retreatment or second visit fee. You are required to comply with all requests for readying your unit for pest control treatments which may
include emptying cupboards, removing materials from under sinks or vanities, and other requests. Tenants are also required to follow any
recommendations or treatment control requests of our pest control vendor. Cleanliness is the best preventative medicine in controlling
pests. Dispose of all garbage and waste. Do not leave food, dirty dishes, or soft drink bottles/cans lying around. Do not bring cardboard
boxes, crates, or other materials that may have been accessible to pests into your unit. Storage of foodstuffs, grains, or like materials
should only be in plastic or metal sealed containers. Please notify Landlord if you are experiencing a particular problem that you cannot
control by applying the above measures! Failure to promptly notify Landlord of pests in your unit is a serious violation of your Rental
Agreement. Prompt notification to Landlord is necessary to prevent pest infestation and to keep pests from spreading. If routine
inspections find that a unit has had an ongoing pest problem that is not reported, this may be grounds for lease termination or nonrenewal.
You will be responsible for paying the pest control invoice if you caused the problem or brought the pests in to the building. You will be
responsible for treatment and the payment of other units that have been infested if you caused the pests to come into the building, your unit,
or another tenant’s unit. Failure to pay the invoice within 5 business days of being presented the invoice is a material violation of the lease
and cause for an immediate eviction. No bringing in used furniture into the building from other buildings that may be infested with bugs.
No bringing in furniture from dumpsters either on the property or at other properties in to your unit. No bringing in furniture to the
building that you know had bugs or where there was an infestation at another apartment community in which you lived.
MN Lease Agreement Revised 04.11.2024 Page 3 of 18
Document digitally signed using RENTCafe eSignature services. Document ID: 6536356
27-CV-HC-24-4022
Filed in District Court
State of Minnesota
Goldmark Property Management, Inc. 6/19/2024 4:17 PM
Lease Agreement
11. JOINT AND SEVERAL LIABILITY SUBLET/ASSIGNMENT PROHIBITED. All parties signing the lease, and referred to as the
Tenant, are responsible together and separately for the lease. The use of the apartment is limited to the private residence of those persons
listed on the application and lease. No subletting or assigning is permitted without express written permission of Landlord and any
violation of this provision is grounds for eviction.
12. PARKING, GARAGES, ABANDONED VEHICLES, MOTOR VEHICLE REPAIR AND MOTORCYCLES. Landlord does not
guarantee that Tenant will be able to park his/her vehicle in the parking lot. If available and rented, garages will be Tenant’s responsibility.
Garages are provided for parking of vehicles not for storage. Tenant is responsible for damages to the garage and for damage to, or theft
of, personal property if stored in the garage. No flammable substances will be stored in garages. At times, due to excessive water, garages
may not be usable, and rent will not be reduced. Landlord may limit the number of vehicles the Tenant or occupants of an apartment may
park in the parking areas and may designate whom the Tenant may or may not park. Double parking of vehicles, even if owned by the
same family or roommates, is strictly prohibited. If Tenant, or his/her guest, park in a prohibited area, on grass/lawn, abandon a vehicle in
any parking area, have an unlicensed vehicle in any area or park a vehicle over 48 hours in the parking area, the vehicle may be towed.
Tenant agrees to pay the costs and expenses of fines, towing, storage, and disposal of the vehicle. Tenant is not allowed to repair or service
vehicles in the parking or common areas. Motorcycles are not allowed on balconies or lawn area. Boats, watercraft, campers, and RVs are
not allowed except in garages rented by Tenants.
13. SNOW REMOVAL. For snow removal, or for any other reason, the Landlord may prohibit parking in certain areas. Tenant agrees not to
hold Landlord responsible for any costs, claims, or losses which may occur as a result of Tenant's vehicle being stuck in snow and/or ice.
Tenant also agrees Landlord is not responsible due to any delay which may occur in plowing any parking area or garage area.
14. INSURANCE. Tenant is responsible for insuring himself/herself and his/her personal property. The Landlord is not responsible for: (i)
theft or damages to the contents of the Tenant's apartment or any garage rented to Tenant, (ii) injury or damages caused by fire, explosion,
overflow of water or sewage, or acts of nature; or (iii) damages caused by water, snow, or ice coming through the roof, windows, or walls.
It is required that Teant/s obtain renters or liability insurance in the amount of not less than $100,000 to protect against liability claims and
damage to the premises caused by Tenant or Tenant’s Guest. IT IS THE RESPONSIBILITY OF EACH TENANT TO INSURE
PERSONAL POSSESSIONS. It is recommended that Tenant obtain insurance to cover loss or damage to their personal possessions.
Tenant acknowledges that Tenant will be responsible to others for the full cost of any injury, loss, or damage caused by Tenant or Tenant’s
Guests. Tenant is not to be considered co-insured with Landlord/Owner on any of the Landlord/Owners insurance policies and tenant will
not be covered by such insurance. Landlord is not liable for any damage or offset of rent because of utility interruptions or other services
furnished to Tenant.
15. ALTERATIONS AND IMPROVEMENTS. Tenant shall not make any alterations, additions, improvements in or about the premises
without the Landlord’s written consent. If consent is granted, Tenant may only use contractors previously approved by the Landlord and
depending on what alteration or improvement is made the Tenant shall be responsible for payment of the alteration or improvement at the
Landlord’s discretion. Tenant agrees that any addition, improvement, alteration, decoration that is allowed shall at the option of the
Landlord be left in place and become the personal property of the Landlord or be removed at the Tenant’s expense. Tenant shall be
responsible for the cost of removal of any alteration or decoration and the restoration of the premises to the original condition. Tenant shall
not remove any furnishings, window coverings, or appliances or any other fixture in the apartment. Tenant shall not change the lock for
any reason. Any lock that is changed without consent of the Landlord is a material violation of the lease and shall result in an eviction
action. Alteration or replacement of locks or installation of dead bolts, door knockers, peepholes, or other attachments on the interior or
exterior of any door must be installed by maintenance and have the Landlord’s prior written consent. Landlord will not admit tenants who
have been locked out of their apartment afterhours. Tenants will need to call a locksmith.
Landlord may furnish blinds or window treatments in the living room and bedroom windows. Landlord can do so at its sole discretion but
is not required to do so. Tenant agrees not to repaint, redecorate, change or alter any part of the apartment without first obtaining
Landlord's written approval. No waterbeds are allowed. All permitted alterations remain part of the apartment unless the Landlord
specifies otherwise. Nothing is to be hung or placed in the windows, doors, patios, balconies or railings which might fall or be blown
down, or which, in the judgment of the Landlord would detract from the appearance of the building.
16. LOCK AND KEYS. No lock will be changed, no new lock may be installed, and no device may be attached to any door of the apartment
without written permission from the Landlord. Tenant agrees to pay Landlord a lost key charge of $100.00 per key lost and $100 per FOB
garage pass. Tenant agrees and understands that on-site landlord personnel are under no obligation to assist Tenant with entry into Tenant's
apartment.
Each adult Tenant will be issued one set of keys, or access fob and will be required to return all keys/fobs to Landlord upon moving out of
your home. If you lose your keys or want another set of keys, you must request them from Landlord. If you lose your keys and need a key
replacement, you will be charged the then applicable key replacement or lock change charge of Landlord consistent with this paragraph.
Tenant is responsible for any lockouts. Landlord requires you to procure the services, at your sole expense, of a professional lock smith.
You may not change your locks or make duplicate keys. You may not add additional locks, chains or security/alarm systems without prior
written consent from Landlord. Doing so is unsafe and is a material violation of your lease. Tenants may not add any alarm, or contract for
any home security or monitoring service without Landlord’s prior written consent. Landlord reserves the right, in its sole discretion, to
prohibit such installations or devices. For privacy purposes, Landlord does not permit tenants to install any camera or monitoring or
surveillance system that would video or monitor external/outdoor areas, without Landlord’s prior written consent. Cameras that exclusively
provide monitoring of indoor spaces alone in the apartment unit (i.e. nanny cams) are permitted.
MN Lease Agreement Revised 04.11.2024 Page 4 of 18
Document digitally signed using RENTCafe eSignature services. Document ID: 6536356
27-CV-HC-24-4022
Filed in District Court
State of Minnesota
Goldmark Property Management, Inc. 6/19/2024 4:17 PM
Lease Agreement
17. APPLIANCES AND FIXTURES. Tenant agrees to maintain the apartment, appliances, fixtures, and disposal in good condition. Tenant
agrees to clean the stove and defrost the refrigerator regularly. The Tenant agrees not to defrost the refrigerator with any sharp instrument
and understands that s/he will be responsible for damages done to the refrigerator while cleaning or defrosting, whether the damage is
intentional or not. Tenant agrees to pay for repair or replacement of the appliances in the apartment (including the garbage disposal) when
the repair or replacement is needed because of Tenant misuse or abuse. Abuse of disposal would include, but is not limited to, disposal of
grease, fat, gristle, bones, noodles, seeds, fibrous materials such as celery, corn, or the peeling from potatoes, carrots, or fruit. Landlord
may immediately collect these charges or Landlord may add the amount to Tenant's next monthly rental statement. Tenant may not house
and use their own washing machine and clothes dryer in their apartment. Landlord is not responsible for damage or loss of clothes in
washer or dryers. No dying of clothes is permitted in the laundry machines. Tenant agrees to pay sewer repairs when lines are plugged by
other than normal use. Some of the items that plug sewer lines and are not considered normal use are sanitary napkins, excess toilet paper,
diapers, combs, toothbrushes, toys, grease, hair. The item need not be retrievable to show the cause. Tenant assumes responsibility for the
conduct of Tenant’s family and guests. Tenant agrees to pay any and all repairs to the apartment or premises that are the result of the
actions of the Tenant, family, or guests regardless if the damages are accidental or not.
18. CABLE TELEVISION/SATELLITE TELEVISION. If Cable TV or similar option is available, all contracts, payments, and repairs are
between Tenant and Cable TV Company. Landlord will not be involved in the contract or agreement. NOTE: Cable TV contracts
generally provide no maintenance or repairs of your individual television set. Tenant installs Cable TV at his/her own risk.
DSS satellite dishes may be placed on a tripod within your balcony, deck, terrace, or patio within your leasehold. Apartments that do not
have a deck, terrace, patio or do not have a clear path to the satellite (due to the direction the apartment faces or obstructions to the
path such as trees, signs, etc.) may not have a DSS satellite dish. No such equipment may be attached to the building.
For further information and installation guidelines, please contact the Site Office. A signed Satellite Dish Addendum is required before
installation. Individual outside antennas in connection with radio, television, or CBs may not be installed or utilized in any manner.
19. EVICTION ACTION / RIGHT OF RE-ENTRY: Except as may be required by applicable law, if Tenant violates any of the terms of
this Lease, Tenant may be evicted immediately and without prior notice and Landlord may bring an eviction action. Once an eviction
intake has been referred to the attorney/agent for the Landlord for filing and those fees have been incurred by Landlord, Tenant will be
required to pay to Landlord the court filing and service fees of any eviction action in addition to the amounts due and owing under the
lease. Tenant will be charged additional costs and disbursements for Writ of Recovery and sheriff fees. If Tenant violates any term or
condition of this lease, Landlord may take any of the following actions in any order:
(a) Demand in writing that the Tenant give up possession of the premises. Failure by the Tenant to give up possession will result in an
immediate eviction action;
(b) Demand in writing that Tenant give up possession of the property at a certain date in the future. If Tenant does not give up possession
on that date, then Landlord may bring an eviction action;
(c) Bring an eviction action;
(d) Sue the Tenant in the eviction action case as an additional count for monies that are owed under the lease;
(e) Bring an action in district court to collect the amounts owed;
(f) Accept rent for the period up to the date possession is to be transferred without giving up the Landlord’s right to evict.
20. LANDLORD’S RIGHT TO ENTER: Landlord may enter the Tenant's premises with 24 hours notice in order to make repairs, show the
premises to people interested in renting the premises, or any general business purpose. Landlord will give at least 24 hours’ notice to enter
and a timeframe to enter between the hours of 8am and 8pm, unless there is an emergency, in which Landlord may enter immediately.
Tenant(s) shall keep the premises neat and orderly when the Landlord is attempting to show the premises to prospects. Failure to allow
access by Tenant to Landlord’s agent or representative is a material violation of the lease and grounds for termination and eviction. In
accordance with applicable law, and after any required notice, or as agreed to by Tenant. Landlord and its authorized agents, service
providers, vendors, contractors, lenders, insurers, and any inspectors may enter the Apartment to inspect, maintain, or repair the Apartment,
or to do other necessary work, or to show the Apartment to lenders, insurance companies, private or government agency inspectors or
potential future tenants or buyers. After any required notice is given, Tenant shall be obligated to facilitate Landlord’s entry to the
apartment. A failure by Tenant to allow entry, after proper notice is given, may result in Tenant being responsible for the then applicable
additional trip charges and delays in service. If Tenant does not allow a scheduled entry, after proper notice has been given, any additional
damages, services, repair or remediation costs or repeat trip charges that are incurred due to a failure to allow entry and to facilitate a
needed repair or service, shall be Tenant’s responsibility. Denying access is a serious and material violation of the lease and is grounds for
an eviction for one denial after notice.
Tenant hereby authorizes Landlord and its employees and contractors to photograph or video record the interior of the apartment home if
needed for periodic or other inspections, and Tenant hereby releases and discharges Landlord, its employees, contractors and any owners of
the property from any claims or causes of action as a result of such photographic or video recording.
21. PROHIBITED ACTIVITIES AND CONDUCT. A) Tenant agrees not to engage in any conduct or activities which: (i) are illegal,
immoral, or endanger any insurance coverage on the leased apartment or buildings or which may cause an increase in insurance rates, (ii)
would constitute a nuisance or will interfere with the comfort and enjoyment of other tenants; (iii) are of a business or commercial nature;
(iv) are in violation of any other term of this lease. Tenant also assumes responsibility for the conduct of his family, guests, other
occupants, and any other person affiliated with or related to Tenant. B) Tenant agrees no stereo, or other sound equipment or TV, is to be
played loudly at any time, and especially not after 10:00 p.m. Any gatherings or parties will be quiet, especially after 10:00 p.m. and must
not interfere with other tenants. No musical instrument is to be played at any time except in a location approved by Landlord, and in no
event after 10:00 p.m. C) Children are not permitted to play on the stairways, in the halls, or in the entryways. D) No loitering is permitted
MN Lease Agreement Revised 04.11.2024 Page 5 of 18
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27-CV-HC-24-4022
Filed in District Court
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Lease Agreement
in the halls, stairways, entryways, parking lots, or grounds. E) Watering of lawn by Tenant is prohibited. No pools, water slides, or water
toys of any kind are permitted on premises. F) Washing of cars and other vehicles on the apartment grounds is prohibited. G) Depending
on building rules and local ordinance, grilling of any type on balconies, patios, or near buildings may be prohibited. H) Minnesota law
provides that a seizure of any drugs or controlled substances that were manufactured, distributed, dispensed, or acquired in violation of
Minnesota law may cause you to be evicted. I) No garage sales on premises without written permission from Landlord. No doormats, no
extension cords in hallways or out of windows, no kerosene or propane heaters, no Christmas wreaths hung on doors. No playground or
camping equipment on premises. No bird feeders to be placed on decks, patios, balconies, or premises. No feeding of wildlife is
permitted. J) Minnesota Statutes prohibit smoking in hallways, laundry room, and indoor common areas. Any violation of this provision is
material and grounds for an eviction action.
22. DISTURBANCES AND EXCESS TRAFFIC. Please have consideration for your neighbors by keeping the noise level low at all times.
Tenant are encouraged to handle complaints between themselves. However, if tenant communication does not work, call Landlord while
the noise is occurring. Please remember you are responsible for your guests and their conduct. Individual apartments are to be used
exclusively as a private residence. All business and commercial uses are prohibited. Tenants are expected to have periodic guests and
visitors at their apartment for social and familial purposes. If the number of guests and visitors is excessive in terms of total number or its
tendency to disturb fellow tenants, then Landlord may ask Tenant to restrict or limit the number of visitors. Excessive traffic from visitors,
visits at unusual hours, visits of short duration, or visitors who leave vehicles running in driveways or parking areas, is a disturbance and
violation of this provision and is material and may result in an eviction action.
23. GUEST RESTRICTIONS. Landlord reserves the right to exclude Tenant’s guests fr
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27-CV-HC-24-4022 Filed in District Court State of Minnesota 6/19/2024 4:17 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: HOUSING Courtyard Apartments, LLC, Plaintiff, COMPLAINT vs. Sharona Akaseng (dob unknown), John Doe, Jane Doe, Defendant. Parties 1. Plaintiff is Courtyard Apartments, LLC. Plaintiff is a Landlord as that term is defined in Minn. Stat. § 504B.001, Subd. 7. 2. Defendant is Sharona Akaseng. Defendant is a Residential Tenant as that term is defined in Minn. Stat. § 504B.001, Subd. 12. The Lease 3. There is a written lease between the parties and it is attached to the Complaint as Exhibit A. 4. The address of the property in the Lease is 2514 Highway 100 South #511, in the City of St. Louis Park, County of Hennepin, State of Minnesota, Zip Code 55416. 5. The tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the section 8 program; the LIHTC program or any other similar program. 1 27-CV-HC-24-4022 Filed in District Court State of Minnesota 6/19/2024 4:17 PM Conditions Precedent 6. All necessary conditions precedent have been performed or have occurred. 7. Plaintiff has complied with Minn. Stat. § 504B.181 by: a. disclosing to tenant either in the rental agreement or otherwise in writing prior to the beginning of the tenancy the name and address of: 1) the person authorized to manage premises; and 2) an owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands, AND b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information in the lease, OR c. the above information is known by or has been disclosed to the tenant not less than 30 days before the filing of this action because of communications from landlord. Count 1: Eviction – Non-payment 8. A detailed, itemized accounting or statement listing the amounts owing is attached to this Complaint as Exhibit B. 9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly delivered. That notice is attached to this Complaint as Exhibit C. 10. In addition to the arrearages identified in the immediately preceding paragraphs, pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored to possession, Defendant(s) may be required to pay to the landlord or bring to court the amount of the rent that is in arrears, with interest, costs of the action, and an attorney’s fee not to exceed $5, and by performing any other covenants of the lease – including amounts that become due during the pendency of this action. 11. The total amount required to redeem the tenancy is $2,459.56 + $377.00 (costs of the action – filing fee and service fee) for a total of $2,836.56, plus any additional amounts, or other covenants of the lease which may become due during the pendency of the action. The amount pled may not include all money owing under the lease. 12. Defendants’ military status is unknown. 2 27-CV-HC-24-4022 Filed in District Court State of Minnesota 6/19/2024 4:17 PM Request for Relief 1. Plaintiff seeks judgment against Defendant and an Order for possession of the property and the issuance of an immediate Writ of Recovery. 2. Plaintiff seeks all allowable costs and disbursements of the action. I declare under penalty of perjury that everything I have stated in this document is true and correct to the best of my knowledge and belief. Minn. Stat. § 358.116. Dated: June 19, 2024 HANBERY & TURNER, P.A. /s/ Douglass E. Turner Douglass E. Turner, #0279948 33 South 6th St. Suite 4160 Minneapolis, MN 55402 Tele: (612) 353-4388 EM: hnc@hnclaw.com Attorney for Plaintiff 3 27-CV-HC-24-4022 Filed in District Court State of Minnesota Goldmark Property Management, Inc. 6/19/2024 4:17 PM Lease Agreement TENANT CODE: t0403486 SITE OFFICE: Courtyard PHONE: (952) 929-2946 PROPERTY: Courtyard APT #: 0511 INCLUDED WITH TOTAL MONTHLY PAYMENT RENT: PARKING #: Off GARAGE #: STORAGE #: ALL OCCUPANTS: Sharona Akaseng This LEASE AGREEMENT is dated this 25th day of April, 2024 between Goldmark Property Management, Inc. (hereinafter “Landlord”) and All Lessees (hereinafter “Tenant”). The parties agree to the following terms and conditions: 1. PREMISES. Landlord, in consideration of the Total Monthly Payment (Rent) to be paid and the covenants to be performed by Tenant does hereby lease to Tenant Apartment No. #0511 located at Courtyard 2514 Hwy 100 South , St Louis Park, MN, for a term of 2 months. This Lease Agreement begins on 04/30/2024 and ends on 05/31/2024. After fulfillment and expiration of the original lease term, unless a notice to vacate is given by either party, this Lease Agreement and all its terms shall remain in full force and effect. Notwithstanding, rent increases, increases relating to utilities or other charges under the lease, the Lease Agreement shall automatically renew and convert to a month-to-month tenancy. If Tenant(s) wish to remain on a month-to- month lease, Total Monthly Payment will be increased to the current market rental rate and a month-to-month fee in the amount of $250.00 per month will apply. Tenant/s agrees to use the premises only as a private residence. The apartment unit will be occupied by the persons listed in this agreement and all other persons occupying the property not on this agreement are considered illegal/unauthorized occupants which is a material violation of this lease and shall result in an immediate eviction action. Tenant does not have Landlord’s permission to allow any other persons to use or regularly stay in the premises without express written permission of the Landlord. Tenant cannot give keys and access materials to others without the express written permission of Landlord. Tenant must live in the unit and the unit must be used as a private dwelling for himself/herself and the individuals listed on the lease. Any other persons residing in the premises not on the lease and not approved by Landlord are trespassers and violators of Minn. Stat.§ 504B.301. 2. TOTAL MONTHLY PAYMENT (RENT). Tenant agrees to pay Landlord: Monthly Rent $ 1,117.00 Garage Rent $ 0.00 Parking Rent $ 0.00 Storage Rent $ 0.00 Pet Rent $ 0.00 Administrative Fees $ 0.00 Total Monthly Payment $ 1,117.00 UTILITIES: Will be allocated as follows: Utilities Included in Total Monthly Payment BASIC ELECTRICITY HEAT HOT LAWN GARBAGE SEWER SNOW SNOW WATER CABLE WATER CARE REMOVAL REMOVAL HEATER PARKING BLCNY/GRG LOT X X X Utilities Paid by Tenant: X X X X *If Tenant fails to put utilities in his/her/their names on or before the first date they occupy the premises, then a Utility Recovery Monthly Fee is in addition to what the Landlord has contemplated in the Total Monthly Payment. The fee will be added to Tenant’s ledger as additional rent. The Total Monthly Payment for the Premises is $1,117.00 per month. The Total Monthly Payment is due on the first day of each month. Tenant will make the Total Monthly Payment to Landlord in full and on-time by electronic funds transfer or received by Landlord at the following address: Goldmark Property Management – Accounts Receivable PO BOX 1390, Fargo ND 58107 on or before the 1st day of the month, or any other place the Landlord designates in writing to Tenant. The Total Monthly Payment is due on or before the first day of each month while this lease is in effect and during any extensions or renewals of this lease and shall be received by the Landlord on or before the first day of the month without demand, deduction, set-off, or counterclaim, except as provided by this lease. It is Tenant’s responsibility to ensure that his/her/their Total Monthly Payment is received by the Landlord on or before the first day of the month and the Landlord does not have any obligation to demand or collect the rent. The Total Monthly Payment includes all monthly rent and any other MN Lease Agreement Revised 04.11.2024 EXHIBIT A Page 1 of 18 Document digitally signed using RENTCafe eSignature services. Document ID: 6536356 27-CV-HC-24-4022 Filed in District Court State of Minnesota Goldmark Property Management, Inc. 6/19/2024 4:17 PM Lease Agreement nonoptional charges in this paragraph. Total Monthly Payment may also be referred to as “Rent or rent” in this Lease Agreement. Tenant understands that the 1st month’s rent may be prorated based on the Tenant’s actual move-in date. Tenant agrees to pay the prorated rent if the move-in date is not on the first of the month or the start date identified in this Lease Agreement. Prorated Rent (if applicable): The prorated April rent is $37.00.. If applicable, after the first month’s prorated rent payment, then Tenant agrees to pay the Total Monthly Payment beginning the second month of the Lease Agreement and continuing to make the Total Monthly Payment on the first day of the month through the date of termination and all extensions or renewals. TERMINATION: Either party may terminate this Lease Agreement at the end of the fixed term as defined above. In order for that notice of termination to be proper, it must be (A) written; and (B) received by Landlord on or before the first day of the month, which is at least TWO FULL CALENDAR MONTHS prior to the end of the lease period. If this Lease Agreement has been renewed on a month-to- month basis, the notice of termination can be given by either party in writing at least one full calendar month prior to the end of the lease period. Any notice of termination is effective as of the last day of the month only and surrender of the premises must be no later than noon on the last day of the month. No surrender of the premises will be considered accepted by Landlord without written consent of Landlord. Any other form of termination must be agreed upon in writing by both parties. FAILURE TO GIVE PROPER NOTICE OF TERMINATION WILL RESULT IN THE TENANT(S) BEING RESPONSIBLE FOR ANY TOTAL MONTHLY PAYMENT DUE FOR THE REMAINING LEASE PERIOD FOR WHICH YOU ARE LEGALLY RESPONSIBLE, IN ADDITION TO AN EARLY TERMINATION CHARGE OF 300.00. UPON TERMINATION OF THE LEASE AGREEMENT, TENANT(S) SHALL PROVIDE LANDLORD WITH A FORWARDING ADDRESS. ADDENDA TO THE LEASE: A violation of a material term in any of the addenda will be deemed a material violation of the lease. EPA Liability Pest Pet Resident Satellite Smoke Surety Utility Disclosure Insurance Handbook Free Bond X X X X X X X NOTICE IN ACCORDANCE WITH MINN. STAT. § 504B.181. The Landlord of the premises/apartment is Goldmark Property Management, Inc. The name and address of the person authorized to manage the property, accept service of process, collect rents and give receipts and accept notices for the Landlord, including notices to vacate, is 4340 18th Ave S, Suite 200, PO Box 3024, Fargo, ND 58108. 3. UTILITIES: Tenant is responsible for paying utilities in accordance with the Utility Billing Addendum for the duration of the Lease including any extensions or renewals. The Utility Billing Addendum is attached to this Lease and made part of the agreement. Tenant’s failure to pay their Trash/Water/Sewer utility bill on a timely basis shall be a violation of this Lease. This includes all hook-up and transfer charges. In the event that Landlord revises the method of delivering or billing for the Trash/Water/Sewer utility services, Tenant agrees to such changes and agrees to execute any Utility Billing Addendum provided by Landlord. Landlord agrees to provide Tenant notice of the total water utility cost of the building for each month of the most recent calendar year. Landlord has predetermined an equitable method of apportionment and frequency of billing for the Water/Sewer utility that is separately metered in accordance with the Utility Billing Addendum and made part of this lease. Upon Tenant’s request, Landlord agrees to provide a copy of the actual utility bill for the building along with each apportioned bill. Upon Tenant’s request, Landlord will provide past copies of actual utility bills for any period of the tenancy for which the Tenant received an apportioned utility bill. Tenant is further advised, in accordance with Minn. Stat. § 504B.215, Tenant is notified that there may be energy assistance available from the Low Income Home Energy Assistance Program as follows: https://mn.gov/commerce/energy/consumer-assistance/energy-assistance-program/. Minnesota Department of Commerce, 85 7th Place East, Suite 280, St. Paul, MN 55101. Main Office: 651-539-1500; Energy Information 800-657-3710. 4. PARTIAL PAYMENT OF TOTAL MONTHLY PAYMENT/RENT. Tenant(s) expressly agrees and acknowledges that acceptance by the Landlord of partial Total Monthly Payments does not and shall not constitute acceptance of rent and shall not constitute a waiver by the Landlord to further collect the remaining amounts of the rent and late fees due. All partial payments are deemed a payment on account and no endorsement or statement on any check or other communication shall be deemed and accord and satisfaction and Landlord shall accept such payment without prejudice to the Landlord’s right to recover the balance of any sums owed by the Tenant hereunder or to pursue against Tenant any additional remedies under this lease or provided by law. Tenant acknowledges that the Landlord by accepting a partial payment may continue all of its rights and remedies under the law including bringing an eviction action as a result of the Tenant’s failure to pay the balance of the Total Monthly Payment owed. 5. LATE FEES AND RETURNED CHECK CHARGES. Any Total Monthly Payment/Rent not received by the Landlord by the 1st day of the month is considered late on the second (2nd) day of the month and as additional rent shall result in an 8% late fee of the Total Monthly Payment being added to the Tenant’s ledger. Payment can only be made by certified funds, money order, or automatic withdrawal. Tenant understands that this provision of the agreement applies to the late fee only and understands and acknowledges at all times throughout this agreement that the rent is due on the first of each month and that this provision only applies to whether a late fee applies to the Total Monthly Payment obligation. The Total Monthly Payment is always due on the first. Returned check /NSF charges will be assessed in accordance with state law for any funds that do not clear the bank. 6. SECURITY DEPOSIT. Tenant shall pay to the Landlord the security deposit in the amount of $ which sum shall be retained by the Landlord as security for Tenant’s full, timely, and faithful performance of all of the Tenant’s obligations hereunder. Tenant(s) may choose to reduce or eliminate the security deposit by purchasing a surety bond and completing a Surety Bond Addendum to this Lease Agreement. Failure of the Tenant to pay the security deposit upon execution of this agreement or any other time stated in this lease is a lease violation MN Lease Agreement Revised 04.11.2024 Page 2 of 18 Document digitally signed using RENTCafe eSignature services. Document ID: 6536356 27-CV-HC-24-4022 Filed in District Court State of Minnesota Goldmark Property Management, Inc. 6/19/2024 4:17 PM Lease Agreement and grounds for an eviction action. If the Tenant’s security deposit is returned by the bank after the Tenant takes possession, then this is a material violation of the lease agreement and will result in an immediate eviction action. Tenant acknowledges that the security deposit is a prerequisite to taking possession of the unit and acknowledges that if the amount is not paid and credited to the Tenant’s account, then Tenant cannot take lawful possession and is in violation of the lease. The parties agree that the Security Deposit cannot be used as last month’s rent unless the parties agree in a separate writing outside this lease agreement. Tenant shall be entitled to a return of the security deposit as required by Minn. Stat §504B.178 as long as the Tenant fully performs the covenants and provisions of this lease. Landlord shall refund the deposit (from which will be deducted any amounts due and owing under the lease including but not limited to actual physical property damage, unpaid rent and late fees, unpaid bank charges, unpaid utility bills) or any portion of the unused balance thereof, if any, to the Tenant as required by Minn. Stat §504B.178 provided the Tenant provides a forwarding address to the Landlord in advance of the Tenant’s move-out. Landlord shall not be required to segregate or hold the security deposit separate from the Landlord’s operating account or other funds, but shall carry such sum as a bookkeeping entry only. Landlord may send the explanation or return of the deposit to any person listed as Tenant and is not required to send the explanation to all tenants or apportion the deposit among tenants. Landlord is only required to send the itemization and or the actual deposit to the Tenant that paid the deposit and not to other persons that did not pay the deposit but resided in the property. Tenants understand and agree that Tenant is liable for all damages in excess of the security deposit and shall pay any amount in excess of the security deposit. Landlord and Tenant may make arrangements to pay the security deposit in writing after tenant has taken possession if all the security deposit is not paid in accordance with this paragraph. Any additional agreement to pay the security deposit in addition to monthly rent is part of this lease and failure to abide by any agreements is a material violation of the lease and shall result in an eviction action. 7. ANIMALS. Tenant understands that animals/pets are not allowed in the apartment complex without express written permission of Landlord and compliance with the insurance provisions of this lease if any. Tenant acknowledges that he/she/they do not have any pets on the premises as of the signing of the lease. Tenant understands that if at any time during the term of this lease, Landlord discovers pets on the premises that having the animal is a material violation of the lease and grounds for eviction. Even if Tenant removes the animal, Tenant will be subject to eviction proceedings and will remain obligated to pay the entire Rent pursuant to the lease agreement. Tenant further understands that he/she/they will be responsible for all damage incidental to the pet being on the premises. If animals are allowed by Landlord with their express written permission, Tenant agrees to comply with and execute all addenda including paying an additional pet deposit, pet rent, submitting the animal to pet DNA testing and complying with all pet DNA protocols and procedures. A Pet Addendum must be signed in advance of bringing an animal onto the property. 8. INITIAL OCCUPANCY AND CONDITIONS OF PREMISES. If the Landlord is unable to give Possession of the apartment on the specified date for the start of the term, the Tenant cannot sue the Landlord for any resulting damages. Tenant agrees that the Tenant is renting the apartment with equipment, fixtures, and appliances as is. The Landlord is not obligated to make any alterations, improvements, or repairs to the apartment, appliances, or to the building, other than required by law. 9. SERVICES AND FACILITIES. Landlord will provide heat (in season only) and hot and cold water which Tenant agrees not to waste provided utilities. Tenant agrees to pay all electric bills when due. Tenant shall, at their expense, continuously contract for electric service not provided by the Landlord throughout the term of the lease. In the event that Tenant fails to have electric service transferred to their name or Tenant’s electric service is disconnected at any time during the lease, Landlord shall have the right at Landlord’s option to declare Tenant in default and cancel the agreement or add such electric charges to the Tenant’s monthly rent or file an eviction action. Violation of this paragraph is a material violation of this lease and will result in an immediate eviction. If at any time the electricity becomes on a single meter instead of a shared meter, Tenant agrees to pay the electricity as long as the unit is a single meter utility immediately upon notice to the Tenant. Landlord is not liable for damages caused by an interruption in any of the services. Tenant agrees that rents will not be adjusted for interruption or failure of appliances or services or equipment in the buildings. Any air conditioning equipment is an amenity and is not included in the lease agreement. Landlord is not obligated to repair a nonfunctioning air conditioner. Any elevator facilities or a guaranty that an elevator is working in the building is not included in the lease. If a refrigerator is not working in Tenant’s unit, you must immediately notify Landlord in writing. 10. PEST CONTROL. All Tenants are required to assist Landlord in pest control procedures. Your participation in our pest control treatment program is MANDATORY. If your unit is not ready when our pest control vendor is treating units, you may be required to pay a retreatment or second visit fee. You are required to comply with all requests for readying your unit for pest control treatments which may include emptying cupboards, removing materials from under sinks or vanities, and other requests. Tenants are also required to follow any recommendations or treatment control requests of our pest control vendor. Cleanliness is the best preventative medicine in controlling pests. Dispose of all garbage and waste. Do not leave food, dirty dishes, or soft drink bottles/cans lying around. Do not bring cardboard boxes, crates, or other materials that may have been accessible to pests into your unit. Storage of foodstuffs, grains, or like materials should only be in plastic or metal sealed containers. Please notify Landlord if you are experiencing a particular problem that you cannot control by applying the above measures! Failure to promptly notify Landlord of pests in your unit is a serious violation of your Rental Agreement. Prompt notification to Landlord is necessary to prevent pest infestation and to keep pests from spreading. If routine inspections find that a unit has had an ongoing pest problem that is not reported, this may be grounds for lease termination or nonrenewal. You will be responsible for paying the pest control invoice if you caused the problem or brought the pests in to the building. You will be responsible for treatment and the payment of other units that have been infested if you caused the pests to come into the building, your unit, or another tenant’s unit. Failure to pay the invoice within 5 business days of being presented the invoice is a material violation of the lease and cause for an immediate eviction. No bringing in used furniture into the building from other buildings that may be infested with bugs. No bringing in furniture from dumpsters either on the property or at other properties in to your unit. No bringing in furniture to the building that you know had bugs or where there was an infestation at another apartment community in which you lived. MN Lease Agreement Revised 04.11.2024 Page 3 of 18 Document digitally signed using RENTCafe eSignature services. Document ID: 6536356 27-CV-HC-24-4022 Filed in District Court State of Minnesota Goldmark Property Management, Inc. 6/19/2024 4:17 PM Lease Agreement 11. JOINT AND SEVERAL LIABILITY SUBLET/ASSIGNMENT PROHIBITED. All parties signing the lease, and referred to as the Tenant, are responsible together and separately for the lease. The use of the apartment is limited to the private residence of those persons listed on the application and lease. No subletting or assigning is permitted without express written permission of Landlord and any violation of this provision is grounds for eviction. 12. PARKING, GARAGES, ABANDONED VEHICLES, MOTOR VEHICLE REPAIR AND MOTORCYCLES. Landlord does not guarantee that Tenant will be able to park his/her vehicle in the parking lot. If available and rented, garages will be Tenant’s responsibility. Garages are provided for parking of vehicles not for storage. Tenant is responsible for damages to the garage and for damage to, or theft of, personal property if stored in the garage. No flammable substances will be stored in garages. At times, due to excessive water, garages may not be usable, and rent will not be reduced. Landlord may limit the number of vehicles the Tenant or occupants of an apartment may park in the parking areas and may designate whom the Tenant may or may not park. Double parking of vehicles, even if owned by the same family or roommates, is strictly prohibited. If Tenant, or his/her guest, park in a prohibited area, on grass/lawn, abandon a vehicle in any parking area, have an unlicensed vehicle in any area or park a vehicle over 48 hours in the parking area, the vehicle may be towed. Tenant agrees to pay the costs and expenses of fines, towing, storage, and disposal of the vehicle. Tenant is not allowed to repair or service vehicles in the parking or common areas. Motorcycles are not allowed on balconies or lawn area. Boats, watercraft, campers, and RVs are not allowed except in garages rented by Tenants. 13. SNOW REMOVAL. For snow removal, or for any other reason, the Landlord may prohibit parking in certain areas. Tenant agrees not to hold Landlord responsible for any costs, claims, or losses which may occur as a result of Tenant's vehicle being stuck in snow and/or ice. Tenant also agrees Landlord is not responsible due to any delay which may occur in plowing any parking area or garage area. 14. INSURANCE. Tenant is responsible for insuring himself/herself and his/her personal property. The Landlord is not responsible for: (i) theft or damages to the contents of the Tenant's apartment or any garage rented to Tenant, (ii) injury or damages caused by fire, explosion, overflow of water or sewage, or acts of nature; or (iii) damages caused by water, snow, or ice coming through the roof, windows, or walls. It is required that Teant/s obtain renters or liability insurance in the amount of not less than $100,000 to protect against liability claims and damage to the premises caused by Tenant or Tenant’s Guest. IT IS THE RESPONSIBILITY OF EACH TENANT TO INSURE PERSONAL POSSESSIONS. It is recommended that Tenant obtain insurance to cover loss or damage to their personal possessions. Tenant acknowledges that Tenant will be responsible to others for the full cost of any injury, loss, or damage caused by Tenant or Tenant’s Guests. Tenant is not to be considered co-insured with Landlord/Owner on any of the Landlord/Owners insurance policies and tenant will not be covered by such insurance. Landlord is not liable for any damage or offset of rent because of utility interruptions or other services furnished to Tenant. 15. ALTERATIONS AND IMPROVEMENTS. Tenant shall not make any alterations, additions, improvements in or about the premises without the Landlord’s written consent. If consent is granted, Tenant may only use contractors previously approved by the Landlord and depending on what alteration or improvement is made the Tenant shall be responsible for payment of the alteration or improvement at the Landlord’s discretion. Tenant agrees that any addition, improvement, alteration, decoration that is allowed shall at the option of the Landlord be left in place and become the personal property of the Landlord or be removed at the Tenant’s expense. Tenant shall be responsible for the cost of removal of any alteration or decoration and the restoration of the premises to the original condition. Tenant shall not remove any furnishings, window coverings, or appliances or any other fixture in the apartment. Tenant shall not change the lock for any reason. Any lock that is changed without consent of the Landlord is a material violation of the lease and shall result in an eviction action. Alteration or replacement of locks or installation of dead bolts, door knockers, peepholes, or other attachments on the interior or exterior of any door must be installed by maintenance and have the Landlord’s prior written consent. Landlord will not admit tenants who have been locked out of their apartment afterhours. Tenants will need to call a locksmith. Landlord may furnish blinds or window treatments in the living room and bedroom windows. Landlord can do so at its sole discretion but is not required to do so. Tenant agrees not to repaint, redecorate, change or alter any part of the apartment without first obtaining Landlord's written approval. No waterbeds are allowed. All permitted alterations remain part of the apartment unless the Landlord specifies otherwise. Nothing is to be hung or placed in the windows, doors, patios, balconies or railings which might fall or be blown down, or which, in the judgment of the Landlord would detract from the appearance of the building. 16. LOCK AND KEYS. No lock will be changed, no new lock may be installed, and no device may be attached to any door of the apartment without written permission from the Landlord. Tenant agrees to pay Landlord a lost key charge of $100.00 per key lost and $100 per FOB garage pass. Tenant agrees and understands that on-site landlord personnel are under no obligation to assist Tenant with entry into Tenant's apartment. Each adult Tenant will be issued one set of keys, or access fob and will be required to return all keys/fobs to Landlord upon moving out of your home. If you lose your keys or want another set of keys, you must request them from Landlord. If you lose your keys and need a key replacement, you will be charged the then applicable key replacement or lock change charge of Landlord consistent with this paragraph. Tenant is responsible for any lockouts. Landlord requires you to procure the services, at your sole expense, of a professional lock smith. You may not change your locks or make duplicate keys. You may not add additional locks, chains or security/alarm systems without prior written consent from Landlord. Doing so is unsafe and is a material violation of your lease. Tenants may not add any alarm, or contract for any home security or monitoring service without Landlord’s prior written consent. Landlord reserves the right, in its sole discretion, to prohibit such installations or devices. For privacy purposes, Landlord does not permit tenants to install any camera or monitoring or surveillance system that would video or monitor external/outdoor areas, without Landlord’s prior written consent. Cameras that exclusively provide monitoring of indoor spaces alone in the apartment unit (i.e. nanny cams) are permitted. MN Lease Agreement Revised 04.11.2024 Page 4 of 18 Document digitally signed using RENTCafe eSignature services. Document ID: 6536356 27-CV-HC-24-4022 Filed in District Court State of Minnesota Goldmark Property Management, Inc. 6/19/2024 4:17 PM Lease Agreement 17. APPLIANCES AND FIXTURES. Tenant agrees to maintain the apartment, appliances, fixtures, and disposal in good condition. Tenant agrees to clean the stove and defrost the refrigerator regularly. The Tenant agrees not to defrost the refrigerator with any sharp instrument and understands that s/he will be responsible for damages done to the refrigerator while cleaning or defrosting, whether the damage is intentional or not. Tenant agrees to pay for repair or replacement of the appliances in the apartment (including the garbage disposal) when the repair or replacement is needed because of Tenant misuse or abuse. Abuse of disposal would include, but is not limited to, disposal of grease, fat, gristle, bones, noodles, seeds, fibrous materials such as celery, corn, or the peeling from potatoes, carrots, or fruit. Landlord may immediately collect these charges or Landlord may add the amount to Tenant's next monthly rental statement. Tenant may not house and use their own washing machine and clothes dryer in their apartment. Landlord is not responsible for damage or loss of clothes in washer or dryers. No dying of clothes is permitted in the laundry machines. Tenant agrees to pay sewer repairs when lines are plugged by other than normal use. Some of the items that plug sewer lines and are not considered normal use are sanitary napkins, excess toilet paper, diapers, combs, toothbrushes, toys, grease, hair. The item need not be retrievable to show the cause. Tenant assumes responsibility for the conduct of Tenant’s family and guests. Tenant agrees to pay any and all repairs to the apartment or premises that are the result of the actions of the Tenant, family, or guests regardless if the damages are accidental or not. 18. CABLE TELEVISION/SATELLITE TELEVISION. If Cable TV or similar option is available, all contracts, payments, and repairs are between Tenant and Cable TV Company. Landlord will not be involved in the contract or agreement. NOTE: Cable TV contracts generally provide no maintenance or repairs of your individual television set. Tenant installs Cable TV at his/her own risk. DSS satellite dishes may be placed on a tripod within your balcony, deck, terrace, or patio within your leasehold. Apartments that do not have a deck, terrace, patio or do not have a clear path to the satellite (due to the direction the apartment faces or obstructions to the path such as trees, signs, etc.) may not have a DSS satellite dish. No such equipment may be attached to the building. For further information and installation guidelines, please contact the Site Office. A signed Satellite Dish Addendum is required before installation. Individual outside antennas in connection with radio, television, or CBs may not be installed or utilized in any manner. 19. EVICTION ACTION / RIGHT OF RE-ENTRY: Except as may be required by applicable law, if Tenant violates any of the terms of this Lease, Tenant may be evicted immediately and without prior notice and Landlord may bring an eviction action. Once an eviction intake has been referred to the attorney/agent for the Landlord for filing and those fees have been incurred by Landlord, Tenant will be required to pay to Landlord the court filing and service fees of any eviction action in addition to the amounts due and owing under the lease. Tenant will be charged additional costs and disbursements for Writ of Recovery and sheriff fees. If Tenant violates any term or condition of this lease, Landlord may take any of the following actions in any order: (a) Demand in writing that the Tenant give up possession of the premises. Failure by the Tenant to give up possession will result in an immediate eviction action; (b) Demand in writing that Tenant give up possession of the property at a certain date in the future. If Tenant does not give up possession on that date, then Landlord may bring an eviction action; (c) Bring an eviction action; (d) Sue the Tenant in the eviction action case as an additional count for monies that are owed under the lease; (e) Bring an action in district court to collect the amounts owed; (f) Accept rent for the period up to the date possession is to be transferred without giving up the Landlord’s right to evict. 20. LANDLORD’S RIGHT TO ENTER: Landlord may enter the Tenant's premises with 24 hours notice in order to make repairs, show the premises to people interested in renting the premises, or any general business purpose. Landlord will give at least 24 hours’ notice to enter and a timeframe to enter between the hours of 8am and 8pm, unless there is an emergency, in which Landlord may enter immediately. Tenant(s) shall keep the premises neat and orderly when the Landlord is attempting to show the premises to prospects. Failure to allow access by Tenant to Landlord’s agent or representative is a material violation of the lease and grounds for termination and eviction. In accordance with applicable law, and after any required notice, or as agreed to by Tenant. Landlord and its authorized agents, service providers, vendors, contractors, lenders, insurers, and any inspectors may enter the Apartment to inspect, maintain, or repair the Apartment, or to do other necessary work, or to show the Apartment to lenders, insurance companies, private or government agency inspectors or potential future tenants or buyers. After any required notice is given, Tenant shall be obligated to facilitate Landlord’s entry to the apartment. A failure by Tenant to allow entry, after proper notice is given, may result in Tenant being responsible for the then applicable additional trip charges and delays in service. If Tenant does not allow a scheduled entry, after proper notice has been given, any additional damages, services, repair or remediation costs or repeat trip charges that are incurred due to a failure to allow entry and to facilitate a needed repair or service, shall be Tenant’s responsibility. Denying access is a serious and material violation of the lease and is grounds for an eviction for one denial after notice. Tenant hereby authorizes Landlord and its employees and contractors to photograph or video record the interior of the apartment home if needed for periodic or other inspections, and Tenant hereby releases and discharges Landlord, its employees, contractors and any owners of the property from any claims or causes of action as a result of such photographic or video recording. 21. PROHIBITED ACTIVITIES AND CONDUCT. A) Tenant agrees not to engage in any conduct or activities which: (i) are illegal, immoral, or endanger any insurance coverage on the leased apartment or buildings or which may cause an increase in insurance rates, (ii) would constitute a nuisance or will interfere with the comfort and enjoyment of other tenants; (iii) are of a business or commercial nature; (iv) are in violation of any other term of this lease. Tenant also assumes responsibility for the conduct of his family, guests, other occupants, and any other person affiliated with or related to Tenant. B) Tenant agrees no stereo, or other sound equipment or TV, is to be played loudly at any time, and especially not after 10:00 p.m. Any gatherings or parties will be quiet, especially after 10:00 p.m. and must not interfere with other tenants. No musical instrument is to be played at any time except in a location approved by Landlord, and in no event after 10:00 p.m. C) Children are not permitted to play on the stairways, in the halls, or in the entryways. D) No loitering is permitted MN Lease Agreement Revised 04.11.2024 Page 5 of 18 Document digitally signed using RENTCafe eSignature services. Document ID: 6536356 27-CV-HC-24-4022 Filed in District Court State of Minnesota Goldmark Property Management, Inc. 6/19/2024 4:17 PM Lease Agreement in the halls, stairways, entryways, parking lots, or grounds. E) Watering of lawn by Tenant is prohibited. No pools, water slides, or water toys of any kind are permitted on premises. F) Washing of cars and other vehicles on the apartment grounds is prohibited. G) Depending on building rules and local ordinance, grilling of any type on balconies, patios, or near buildings may be prohibited. H) Minnesota law provides that a seizure of any drugs or controlled substances that were manufactured, distributed, dispensed, or acquired in violation of Minnesota law may cause you to be evicted. I) No garage sales on premises without written permission from Landlord. No doormats, no extension cords in hallways or out of windows, no kerosene or propane heaters, no Christmas wreaths hung on doors. No playground or camping equipment on premises. No bird feeders to be placed on decks, patios, balconies, or premises. No feeding of wildlife is permitted. J) Minnesota Statutes prohibit smoking in hallways, laundry room, and indoor common areas. Any violation of this provision is material and grounds for an eviction action. 22. DISTURBANCES AND EXCESS TRAFFIC. Please have consideration for your neighbors by keeping the noise level low at all times. Tenant are encouraged to handle complaints between themselves. However, if tenant communication does not work, call Landlord while the noise is occurring. Please remember you are responsible for your guests and their conduct. Individual apartments are to be used exclusively as a private residence. All business and commercial uses are prohibited. Tenants are expected to have periodic guests and visitors at their apartment for social and familial purposes. If the number of guests and visitors is excessive in terms of total number or its tendency to disturb fellow tenants, then Landlord may ask Tenant to restrict or limit the number of visitors. Excessive traffic from visitors, visits at unusual hours, visits of short duration, or visitors who leave vehicles running in driveways or parking areas, is a disturbance and violation of this provision and is material and may result in an eviction action. 23. GUEST RESTRICTIONS. Landlord reserves the right to exclude Tenant’s guests fr