Motion for Writ in Herzog Property Management, LLC vs Corrina Espinoza, Eleazar Contreras, Jr., John Doe and Mary Roe| Trellis.Law

On June 20, 2024 a Complaint-Civil Index #2 was filed involving a dispute between Herzog Property Management, Llc, and Contreras, Eleazar, Jr., Espinoza, Corrina, for Eviction (UD) in the District Court of Mower County.

Preview
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

STATE OF MINNESOTA IN DISTRICT COURT

COUNTY OF MOWER THIRD JUDICIAL DISTRICT
Court File No.
Case Type: Eviction (UD)

Herzog Property Management, LLC,

Plaintiff,

vs. EVICTION COMPLAINT
Minn. Stat. § 504B.321

Corrina Espinoza, Eleazar Contreras, Jr.
John Doe, and Mary Roe
301 27th Street Southwest, Apt. 4
Austin, MN 55912

Defendant.

PLEASE TAKE NOTICE: If financially unable to obtain counsel, the defendant has the right to a
court-appointed attorney in a public housing eviction case that alleges breach of lease under Minn.
Stat. §§ 504B.171 or 504B.285.

□ Check box if the leased or rental property qualifies as "public housing" as that term is used
in Minn. Stat. § 504B.268.

□ Check box if the tenancy is affected by a federal or state housing subsidy program through
project based federal assistance payments, the Section 8 program, as defined in Minn. Stat. §
469.002, subd. 24; the low-income housing tax credit program, or any other similar program.
Name of agency that administers the housing subsidy program: Housing Authority of the City of
Austin.
For its Complaint, Plaintiff states and alleges as follows:

1. Plaintiff Herzog Property Management, LLC (hereinafter "Plaintiff") is the

authorized rental agent and property manager for WM Austin, LLC, which owns and operates a

rental residence at 301 27th Street Southwest, Apt. 4, Austin Minnesota 55912, ("Premises"). The

address for Plaintiff is P.O. Box 548, Alexandria, Minnesota 56308.

1
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

2. Carrie King is the landlord and authorized agent of the following described

premises situated in the County of Mower, State of Minnesota: 301 27th Street Southwest, Apt. 4,

Austin, Minnesota 55912.

3. Landlord having present right of possession of said property, has complied with

Minn. Stat. § 504B.181 by disclosing to the tenants the name and address of the landlord authorized

to manage the property and accept and give receipt for notices and demands, at least 30 days before

filing this action.

4. Defendants Corrina Espinoza and Eleazar Contreras, Jr. ("Defendants") are the

tenants of the above-described premises under the terms of a lease effective January 15, 2024, and

ending January 31, 2025. The lease is hereby attached as Exhibit A. Defendants' last known

permanent address is 301 27th Street Southwest, Apt. 4 Austin, Minnesota 55912. The dates of

birth for Defendants are unknown.

5. The current rent due and payable under the lease is $1,095.00 per month due on the

1st day of each month as well as $115.00 per month for utility fees for a total of $1,210.00. A

written notice pursuant to Minn. Stat. § 504B.321 subd. 1a was served on Defendants on

March 13, 2024, which was at least 14 days before filing this eviction complaint. See Exhibit B.

A Payment Plan Agreement was offered to Defendants on May 9, 2024, but Defendants have failed

to sign. See Exhibit C. The current amount of rent including late fees, utility and maintenance fees

due and owing by Defendants is $2,623.43. See Exhibit D. Defendants' non-payment of rent and

late fees are material violations of the lease.

2
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

7. The Premises is not a "covered dwelling" subject to Section 4024 of the CARES

Act and the plaintiff is not a "multifamily borrower" under forbearance subject to Section 4024

of the CARES Act.

8. On information and belief, Defendants are not in the military service.

9. Plaintiff is entitled to immediate possession of the premises as Defendants have

materially violated the lease failing to pay rent due under the lease and allowing late fees to accrue

and failure to pay utility fees.

WHEREFORE, Plaintiff prays for an order of eviction and judgment granting restitution

of the premises, as well as all costs, including costs to remove Defendants' property, if they fail to

do so, disbursements, attorney's fees, and other such relief as the Court deems just in the premises.

The undersigned hereby acknowledges that sanctions may be awarded pursuant to

Minnesota Statutes section 548.211.

AHLGREN LAW OFFICE, PLLC

Dated: June 20, 2024 By ______________________________
Sarah C. Duffy, No. 0393621
220 West Washington Avenue, Suite 105
Fergus Falls, Minnesota 56537
Telephone: 218-998-2775
Email: sarah@ahlgrenlawoffice.net
ATTORNEYS FOR PLAINTIFF

3
50-CV-24-1175
Filed in District Court
Herzog Property M11nagement
State of Minnesota
P.O. IBox 548 6/20/2024 1:03 PM
Al'exandria, MN 56308

218.-531-9980
info@herzogapartrnents.com
www.herzogapartments.com

RESIDENTIAL LEASE AGREEMENT

Authorized Rental A ent
Herzog Property Management, LLC (hereinafter Management) is acting as authorized rental agent and property
manager for: WM Austin LLC (303) (hereinafter Property Owner) and is authorized to accept
service of process at P.O. Box 548 Alexandria, MN 56308 and to give receipts for payments, notices, and demands.
Herzog Property Management, LLC hereby agrees to lease to Resident(s) the Described Property under the Terms and
Conditions, Agreements, Additional Sheets, and Addendums listed below.

Address:301 27th Street Southwest Apartment#:_30_1_-4___ _

City:Austin State:.M!i_ Zip Code:�55�9�1=2 ___ Unit Size: 2 Bed / 1 Bath

Residents
Resident#1:Corrina Espinoza

Resident#2:Eleazar Contreras jr

Resident#3:_____________________________________

Resident#4:____________________________________

Resident#5:____________________________________

Resident(s) Terms
1. All persons residing in the unit must be listed as "Resident(s)."
2. Only persons listed as "Resident(s)" may live in the unit.
3. Resident(s) must promptly notify Management in writing when there is any change in the status of Resident(s),
including contact information, criminal activity, change of income, a minor living in the unit turns 18 years old,
and other relevant information.
4. Adding and/or removing Resident(s) is subject to a $35 Service Charge for each occurrence. Except, no
Service Charge will be applied when a minor already living in the unit turns 18 years old.
5. Guests are allowed during the day but are not allowed to spend the night for more than a total of seven nights
per month. Guests who spend the night for more than a total of seven nights per month without prior written
permission from Management are considered to be unauthorized resident(s). Allowing unauthorized resident(s)
may result in immediate lease termination.
6. Resident(s) are fully responsible for minors, pets, guests, visitors, and invitees and are expected to abide by the
same rules that the Resident(s) must follow as outlined in this lease, addendums, and property rules.
7. Resident(s) under the age of 13 must be supervised by an adult.
8. Resident(s) are responsible for the health, safety, and welfare of guests, visitors, and invitees. Resident(s)
releases and holds harmless the Property Owner and Management of any and all damages and liability arising
out of any death or injury to Resident(s) guests.
9. Resident(s) may use the Property and utilities for normal residential use only.
10. No home-based business or commercial activity is allowed without our express permission. EXHIBIT A
v2.0 1
Doc ID: 03fa38d43059d23460a80f17 4eda7b15791ffa89
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

Lease Len th & Terms
Lease start date:Monday, January 15, 2024 Lease end date: Friday, January 31, 2025 at 1:00 PM.

Renewal
T he renewal of this lease is automatic. After your Lease end date, it will continue on a month to month basis under the
same Terms & Conditions of this lease. Please note that this includes the requirement to give 2 full / entire months'
notice of move-out. If there are any rental increases or other significant changes to the lease you will be notified in
writing.

Notice of Move-Out Terms
1. Notice of Move-Out must be written and include Resident(s) name, phone number, current address, forwarding
address, date the current unit will be fully vacated and must be dated and signed by all Resident(s) who plan to
vacate. Notice must be received by a Herzog Property Management, LLC staff member within the required
notice period as stated below.
2. Notice of Move-Out must be 2 full/entire months from the date Resident(s) plan to be fully vacated. Example:
If Resident(s) wishes to move out on August 31st, the notice must be received by June 30th so that notice is
given for the full/entire month of July and August. Move-Out notices are from month-end to month-end. We do
not accept move-out notices for the middle of the month.
3. Residents who provide improper Notice of Move-Out will continue to be charged rent for not less than 2 full /
entire months from when the improper Notice of Move-Out is received.
4. Resident(s) who vacate prior to the Lease end date will be subject to a Lease Break Fee that is equal to 1
month's rent. Residents will continue to be charged rent for not less than 2 full / entire months when move out
notice is received and up to the Lease end date OR until the unit is rented again, whichever happens
first.
5. It is unlawful to abandon an apartment without giving notice.
6. Resident(s) may not sublease the Property or assign this Lease to other persons without Management's prior
written consent.

Rent Amount
Base Monthly Rent:�$1�,�05.o�
9�� o
____ Due on the 1st of Each Month
Prorated Rent for 1st Month: $600.48
Garage Monthly Rent:____ Garage #:�N=A
/ �--
ry_______
Prorated Month:_Ja_n _ u_a_.
Pet Monthly Rent:____ Description:�N=/A�--------
Regular Rent Resumes on Date:February
Total Monthly Rent:$1,210.00 Due on the 1st of Each Month.

Rent Terms
1. Rent is due by 11:59 PM on the 1st day of each month.
2. All outstanding late fees, service charges, fines, or other charges are also due by 11:59 PM on the 1st day of
each month.
3. Late fees are applied according to the Late Fee Terms (see below).
4. Every person listed as "Resident(s)" on this Lease is individually responsible for paying the full amount of rent
and any other money owed to Management. Example: Two Residents mutually agree to each pay half of the
rent but only one Resident pays half. Both Residents, even the one who already paid half, are responsible for
ensuring timely and full rent payment to Management.
5. Resident(s) will pay a $25 Service Charge if payment is returned for any reason. Example: incorrectly written
checks or insufficient funds. If payment is not resolved in a timely manner, it may also be subject to a Late Fee
as explained in the Late Fee Policy below.
6. It is unlawful to refuse to pay rent without a Rent Escrow Action.

v2.0 2
DocID:03fa38d43059d23460a80f174eda7b15791ffa89
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

Late Fee Terms
1. Late Fee is equal to 8% of the Base Monthly Rent.
2. Late Fee is automatically applied if the entire amount of Base Monthly Rent is not received or postmarked
before 11:59 PM on the 5th of any month. Please note that the entire Base Monthly Rent is required. Making a
partial payment does not reduce the amount of the Late Fee.
3. Any returned payments that are not corrected by 11:59 PM on the 5th of any month are also subject to late
fees.

Securi
Security Deposit Amount Required:_________

T he Security Deposit will be returned in full within 21 days of the lease end date if ALL of the following conditions are
met:

1. If the full term of the rental contract and any renewals or extensions have ended.
2. If proper move-out notice has been received as required by Notice of Move-Out Terms.
3. If there is no past due rent, late fees, service charges, fines, or other past due amount at time of move-out.
Note: It is unlawful for Resident(s) to withhold rent with the intention to use the Security Deposit to pay for
unpaid rent.
4. If there are no damages that exceed normal wear and tear in the apartment or damage that is beyond normal
wear and tear was present at move-in and specifically mentioned in the Move-In Inspection Report.
5. If no cleaning is required to lease the property to the next tenant and the carpets have been shampooed or
steam cleaned.

Funds from the Security Deposit will be deducted to cover expenses if ANY of the following conditions are met:

1. Any past due rent, late fees, service charges, fines, and other past due amount that is due at the time of
move-out.
2. Any damages that exceed normal wear and tear and are not specifically mentioned in the Move-In Inspection
Report.
3. Any cleaning or carpet shampooing that is required to make the property ready for the next tenant.
4. Rent towards the length of time that the apartment is not ready for the next tenant because of required repairs
beyond normal wear and tear and required cleaning to prepare the unit for potential tenants.

Resident(s) will receive a letter within 21 days of the lease end date explaining why all or part of the Security Deposit
was deducted along with any remaining Security Deposit.

In all events, recovery of damages is not limited to the Security Deposit and further attempts may be made to collect
payment for additional damages. If taken to court, Resident(s) are responsible for paying the maximum allowed cost of
attorney and court fees.

Payment Methods
Payments payable to:
Herzog Property Management, LLC
Payments may be made using the following methods:
Acceptable forms of payment:
• Cash • Mailing to: P.O. Box 548 Alexandria, MN 56308 (Envelope must be
• Check postmarked on or before 5th to avoid late fees)
• Cashier's Check
• Money Order or MoneyGram • Online Tenant Portal at: www.HerzogApartments.com (One-time or
• Credit or Debit Card recurring payments may be set up. A small convenience fee will be
• eCheck charged)
• Retail Payment (PayNearMe)
• Automatic/ recurring payments

v2.0 3
Doc1D:03fa38d43059d23460a80f174eda7b15791ffa89
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

Utility Details

• •
Paid By: Electric Water Sewer Garbage Gas Internet/Cable

□ □ □ □
• • •
Resident(s)

Owner Jll Jll □

Primary Heat Type: Electric)Q Gas □

Primary Lawn Care Provided by: Owner JJ. Resident □
Primary Snow Removal Provided by: Owner� Resident □

Utility Terms
1. Utilities Paid by Resident(s) must be in Resident(s) name prior to move-in. Proof of transfer may be required
before move-in is allowed.
2. Utilities must remain in Resident(s) name until Lease end date.
3. Resident(s) who fail to transfer utilities to their name upon move-in or remove the utilities from their name
during the lease will be required to reimburse any cost of utility usage incurred during the Lease in addition to a
Service Charge of $35 for each month that utilities are not in Resident(s) name. Failure to reimburse cost of
utility usage and/or Service Charges may result in an immediate lease termination and/or utilities being
removed from Property Owner's name.
4. Lawn care and snow removal must be completed in accordance with city code by the party that is listed as
responsible. If lawn care and snow removal is not completed in accordance with city code, the responsible
party may be charged for the cost of any city fines as well as the labor required to bring the property up to
code.

Lease Violations
1. Fines are applied for lease violations. Charges up to $250 may occur as a result of breaking the terms of this
lease. The amount of fee charged will be based on the reported frequency and severity of observed
violation(s). (ex. $250 will be charged for smoking or fire safety violations).
2. Management reserves the right to terminate the lease for any lease violation. Management is not required to
give multiple violations or service charges in order to terminate the lease.
3. Warnings may be provided prior to charging lease violation fine(s) at Management's discretion. Lease violation
fine(s) without warnings are based on the reported frequency and severity of observed violation(s).

Noise & Conduct
1. Resident(s) and their guests, visitors, and minors shall not engage in activities or conduct in their apartment,
common areas, parking lots, or other areas that may annoy or disturb other Residents.
2. Resident(s) and their guests, visitors, and minors shall not make or permit sounds or noises that will interfere
with the rights, comforts, or conveniences of other Residents.
3. Resident(s) and their guests, visitors, and minors shall make an extra effort to ensure no running,
rough-housing, loud music, or laundry machines are being used during Quiet Hours. If a neighbor or passerby
can hear the noise, it is too loud. Quiet Hours are from 9:00 PM - 9:00 AM unless otherwise noted.
4. Drunken, belligerent, or threatening conduct towards other Residents, visitors, Management, or others is strictly
not allowed. Failure to act appropriately and respectfully may result in service charges and/or a lease
termination at the Manager's discretion.

v2.0 4
Doc1D:03fa38d43059d23460a80f174eda7b15791ffa89
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

Cleanliness
1. Resident(s) must keep their premises and surrounding areas free of trash, clutter, debris, excess materials, and
odors.
2. Trash and garbage must be properly bagged and placed inside of designated dumpsters. Garbage bags may
not be left in the hallways, balconies, common areas, or entryways for any amount of time. Improperly
disposing of garbage may result in service charges and fines.
3. Cartons, boxes, and cardboard must be broken down before being placed in recycling or trash collection.
4. Furniture, tires, electronics, appliances, and other large items are not allowed to be placed in or beside
dumpsters. Resident(s) must call a local trash removal service and pay to have large items removed.
Improperly disposing of large items is subject to service charges plus the costs incurred with removing the
item(s) as well as possible criminal charges for illegal dumping.
5. All items left outside may be deemed abandoned, and as such are subject to disposal without written notice to
Resident(s).
6. Resident(s) must take adequate steps to prevent pests such as keeping cabinets, cupboards, tables, counters,
and floors free of crumbs and food items. Resident(s) are responsible for any damage and exterminating cost
resulting from pests originating from their unit. All pests must be immediately reported to Management.

Maintenance
1. Resident(s) are required to notify Management of necessary repairs or maintenance as soon as possible by
calling 218-531-9980. Failure to notify Management of repairs, maintenance, pests, or emergencies is
considered to be a serious and material lease violation.
2. Resident(s) may call our after-hours emergency line by dialing 218-531-9980 and following the prompts to
contact after-hours emergency staff. After-hours emergency line is only meant for fire, flood, heat, safety
issues, or other emergencies. Misuse of the emergency line may result in Service Charges.
3. Resident(s) are fully responsible for all damages in their unit or to the property that is beyond normal wear and
tear. If damages are determined to be caused by negligence, accident, vandalism, or misuse then Resident(s)
will be individually responsible for the cost of labor and materials for repairing said damages including damages
equaling more than the Security Deposit.
4. Resident(s) are not allowed to make alterations to their unit including but not limited to; painting, adding
wallpaper, changing fixtures, or replacing appliances without prior written consent from Management. Cost of
undoing unauthorized alterations will result in Resident(s) being charged for materials and labor.
5. Resident(s) are not allowed to change locks without written permission from Management. Management must
retain a copy of all keys needed to access the unit and any garages, sheds, or storage.
6. Resident(s) are limited to no more than four (4) small nail holes per room (including tacks) and may only be in
the walls and not on any woodwork or trim. Proper picture hangers must be used. No hooks are allowed in the
ceiling. Using glue or tape on woodwork or walls is strictly not allowed. Exterior door decorations, with the
exception of a wreath and/or garland on a door, must be approved by management in writing before they are
hung. Resident(s) may not attach hardware to decks/patios. Any damage to paint, or exterior of apartments will
be the financial responsibility of the Tenant.
7. Resident(s) are responsible for replacing expendable items like light bulbs, smoke detector batteries, and
HVAC filters. Management is responsible for replacing appliance light bulbs. Management is responsible for
common areas in multi-family buildings.
8. Resident(s) need to notify management if they will be absent from their unit for more than 14 consecutive days
so maintenance can monitor the unit for maintenance emergencies. Example: Unknown water leaks, broken
windows, etc.

v2.0 5
Doc1D:03fa38d43059d23460a80f174eda7b15791ffa89
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

Garaees
1. Garages are for storage of items and vehicles only. Loitering or recreational activities such as smoking, grilling,
mechanical repairs, sleeping, etc. is strictly not allowed. Firearms, hazardous materials, propane, flammable
materials or substances are not allowed in the garage at any time.
2. Management may enter the garage(s) without notice in the event that immediate entry is required to prevent
injury to person(s) or damage to property. Management may enter for any other business purpose with
reasonable notice.
3. Garages and reserved parking terms are for a 12 month period or until move-out, whichever happens first.
4. Cancellation of garages and reserved parking requires a 2 full / entire months' notice in writing after the initial
12 month period.
5. Garage doors are to remain closed when not in use by Tenant. If locked out due to lost or misplaced key please
refer to "Keys & Lock Outs" section of Lease.
6. Management is not responsible for damage or theft of items or vehicles in garage. It is highly recommended
that all Resident(s) carry Renter's Insurance to help pay for potential damages in the event of a disaster, crime,
or accident. If Resident(s) have any questions about Renter's Insurance, contact your auto insurance provider
or any major insurance agency.

Parkine
1. Parking lots are reserved for daily vehicles that belong to current Resident(s) and are in operational condition.
2. Vehicles with flat tires, broken or open windows, broken lights, or otherwise believed to be unoperational may
be tagged for removal by a towing service at the vehicle owner's expense.
3. Vehicles with missing license plates or expired registration may be deemed unoperational and may be tagged
for removal by a towing service at the vehicle owner's expense.
4. Vehicles that are parked in unauthorized parking such as in the grass, reserved parking, handicapped parking
without a permit, or in a way that blocks other vehicles or garages may be tagged for removal by a towing
service at the vehicle owner's expense.
5. Vehicles that are parked in a way that blocks a garage or another vehicle may be immediately towed.
6. Items such as trailers, boats, RV's, four-wheelers, snowmobiles, tractors, construction equipment are not
allowed and may be tagged for removal by a towing service at the vehicle owner's expense.
7. Parking lots are generally cleared of snow within 24 - 48 hours of when snowfall stops. Please refer to
property-specific snow removal plans for guidance on when to move your vehicle. In general, if vehicles are not
moved within 24-48 hours after the lot has been cleared, the vehicle may be marked for removal so the entire
lot can be cleared without obstructions. If Resident(s) will be out of town for an extended period of time please
contact management prior to leaving.
8. Loitering, playing loud music, completing mechanical repairs, or washing vehicles are strictly not allowed in the
parking lot.
9. Management, vendors, and service providers may park wherever necessary to complete their job.
10. Management is not responsible for damage or theft of vehicles or items inside of them. It is highly
recommended that all Resident(s) carry Car Insurance & Renter's Insurance to help pay for potential damages
in the event of a disaster, crime, or accident. If Resident(s) have any questions about Renters Insurance,
contact your auto insurance provider or any major insurance agency.

Laundry
1. Management is not responsible for lost, stolen, or damaged clothing or other items left in public laundry rooms.
2. Resident(s) are responsible for closely watching their personal items and for removing their items in a timely
manner.
3. Resident(s) should practice safe usage of machines by not overloading them.
4. Resident(s) are responsible for cleaning the lint tray at the end of each use, cleaning debris from the rubber
bellow, and keeping front loading machines open when not in use to prevent mold.
5. Resident(s) may not run common area laundry machines during designated quiet hours.

v2.0 6
Doc1D:03fa38d43059d23460a80f174eda7b15791ffa89
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

Packaees & Deliveries
1. Management is not responsible for lost, stolen, or damaged mail, packages, or expected deliveries.
Management is not responsible for holding mail, securing packages, or forwarding mail for current or past
Residents.
2. Resident(s) should take precautions when ordering valuable packages, such as requiring signed delivery.

Kevs & Lock Outs
All Resident(s) are provided with an adequate number of keys at move-in. Resident(s) are responsible for their care
and are fully and personally responsible for being locked out of their property. If locked out:

1. During normal business hours, Resident(s) may call Management to be let in to their property. A Service
Charge of $35 will apply. If Management is available they will attempt to make reasonable accommodations to
let you in.
2. During after-hours or weekends, Resident(s) may call a local locksmith or request an emergency work order by
calling Management's after-hours emergency line. Cost of labor and materials will be charged to Resident(s).
Please note, Herzog Property Management, LLC is not required to respond to after-hours lock outs.
3. Management will not allow guests or unauthorized residents into the property. Identification may be required to
verify Resident(s).

Resident(s) may request additional keys to be made after move-in by completing an Additional Key Request. Service
charges may apply.

Notice of Entry
Pursuant to MN State Statute 504B.211, Management may enter the unit with reasonable prior notice to:

1. Show the property to prospective tenants.
2. Show the property to prospective buyer or to an insurance representative.
3. Perform maintenance work.
4. Allow inspections by state, county, or city officials.
5. Investigate a disturbance within the unit.
6. Reasonable belief of lease violations including to check for unauthorized Resident(s).
7. Reasonable belief that the tenant has or may have vacated the unit.
8. For other legitimate business purposes.

Reasonable prior notice may be through phone, voicemail, email, Online Tenant Portal, posted notice, or in person.
Reasonable prior notice typically occurs at least 24 hours prior to entry, but may be less under certain conditions.

Pursuant to MN State Statute 504B.211, Management may enter the unit without any prior notice if:

1. Immediate entry is necessary to prevent injury to persons or damage to property.
2. Immediate entry is necessary to determine a person's safety.
3. Immediate entry is necessary to comply with local ordinances regarding unlawful activity.

Additional A2reements
Waived Security Deposit Promotion. Monthly Utility/Cable/Internet fee $115

v2.0 7
DocID:03fa38d43059d23460a80f174eda7b15791ffa89
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

Crime Free Agreement

Important: Violation of ANY of the below provisions shall be a material and serious violation of the lease and is
good cause for termination of tenancy without prior warning.

1. Resident(s), any members of the Resident(s) household, a guest, invitees, or any other person under the
Resident(s) control shall not engage in any illegal activity, included but not limited to nuisances, use of illegal
substances, or any other criminal offense.
2. 'Illegal activity' means any violation of federal law, state statute, or city ordinances.
3. Resident(s), any members of the Resident(s) household, a guest, an invitee, or any other person under the
Resident(s) control shall not engage in any act intended to facilitate illegal activity on or near the said premises.
4. Resident(s), any members of the Resident(s) household, a guest, an invitee, or any other person under the
Resident(s) control shall not permit the dwelling unit to be used for, or to facilitate illegal activity, including
drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the
household.
5. Resident(s) agree and understand that the Resident(s) is not allowed to invite onto the premises any person to
whom a trespass notice has been issued under the City Ordinance by the resident, property owner, owner's
authorized representative, or a police officer.
6. Resident(s), any members of the Resident(s) household, a guest, an invitee, or any other person under the
Resident(s) control shall not remove, alter, tamper with or disable any smoke detector, fire alarm, sprinkler
system, or carbon monoxide detector within the rental unit or commons area.
7. Resident(s), any members of the Resident(s) household, a guest, an invitee, or any other person under the
Resident(s) control shall not engage in acts of violence or threats of violence, including but not limited to the
unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the
rental agreement that otherwise jeopardizes the health, safety or welfare of the landlord, his agents or tenants.
8. Unless otherwise provided by law, proof of violation shall not require criminal conviction.
9. The above Crime Free Agreement is incorporated into the lease between Owner, Management, and
Resident(s).
10. It is understood and agreed that a single violation of this Crime Free Agreement shall be good cause for
termination of the lease without warning.

acknowled e a reement to each condition listed in this Crime Free A reement.

c
Resident #1 Signature: ________ 01 t oat 2024
"-"'----------- Date:
....,.�

Resident #2 Signature: ________�-------- Date: 01 t 10 t 2024

Resident #3 Signature: ________________ Date: _______

Resident #4 Signature: _________________ Date: ________
Resident #5 Signature: Date: ________

v2.0 8
Doc ID: 03fa38d43059d23460a80f17 4eda7b15791 ffa89
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

Fire Safety Agreement

Important: Violation of ANY of the below provisions shall be a material and serious violation of the lease and is
good cause for termination of tenancy and/or subject to a $250 Violation Fine without prior warning.

This property is supplied with one or more fully-functioning fire safety devices which may include smoke detectors,
carbon monoxide detectors, fire extinguishers, pull stations, emergency exit lights, strobes, sirens, fire sprinklers, heat
detectors, control panels, and fire-rated entry doors.

1. Resident(s) must immediately report any damages or necessary repairs to fire safety devices in the property to
Management.
2. Resident(s) understand that if any fire safety devices at their address are battery operated, it is the Resident(s)
responsibility to test and replace the batteries. It is recommended to test devices weekly and replace batteries
annually.
3. Resident(s) shall not disable, disconnect, remove, or damage any of the fire safety devices. If fire safety
devices are disabled, disconnected, removed, or damaged by any Resident(s) they will be reported to the local
fire department for potential criminal charges. The cost to bring fire safety devices back to fully functioning
condition, including parts and labor, will be charged to the Resident(s).
4. Resident(s) may not prop open or otherwise disable fire-rated entry doors.
5. Resident(s) and their guests may not pull an emergency pull station except in the event of a fire.
6. Resident(s) who are responsible for improperly activating an alarm will be reported to the local fire department
for potential criminal charges. The cost to bring fire safety devices back to fully functioning condition, including
parts and labor, will be charged to Resident(s).

The following terms and conditions are in place to encourage fire safety and prevent fires, especially caused by
smoking.

1. No smoking is allowed within 20 feet of any structure, including within 20 feet of entrances and garages.
2. No smoking is allowed inside the unit, on the balcony/patio, in common areas, hallways, or laundry room.
3. Cigarettes must be thoroughly extinguished and placed in a container that is properly able to hold cigarette
butts.
4. Resident(s) may not use gas, charcoal, or flame-emitting grills in their unit, on the balcony, or within 20 feet of
any structure.
5. Personal belongings, especially furniture and curtains, must not touch any heating baseboards.
6. Personal belongings, especially furniture, must be kept at least 4 feet away from furnaces, water heaters,
shut-off valves, breaker boxes, and electrical panels.
7. Anything with an open flame such as candles and incense sticks are not allowed at this property.
8. Flammable liquids, such as gasoline, lighter fluid, and propane tanks are not allowed in the unit under any
circumstances.

By signing below, Resident(s) agree to the above terms and conditions. Resident(s) understand that lease
termination and lease violation fines or service charges will occur if this Fire Safety Agreement is violated.
Resident(s) agree that the terms in this Fire Safety Agreement take precedence over similar terms in previously
s1 ned Leases Addendums or A reements if an .

Resident #1 Signature: ______ C---✓�--------- Date: 01 t oat 2024

Resident #2 Signature: ______ --++-1,.,....__________ Date: 01 110 12024

Resident #3 Signature: _________________ Date: ________

Resident #4 Signature: _________________ Date: ________
Resident #5 Signature: Date: _______

v2.0 9
Doc ID: 03fa38d43059d23460a80f17 4eda7b15791 ffa89
50-CV-24-1175
Filed in District Court
State of Minnesota
6/20/2024 1:03 PM

Pet Agreement

IMPORTANT: Violation of the below provisions may be cause for service charges, pet bans, or termination of
the lease without warning depending on severity and frequency of the violation.

1. Resident(s) are responsible for cleaning up after their pet on the property.
2. Pet Request and Pet Agreement must be completed in full and approved by management prior to moving a pet
into any unit.
3. One-time non-refundable pet fee of $300 per pet will be added and must be paid in full prior to moving a pet in.
4. Pet rent of $25/month per pet will be applied on the 1st of each month, beginning the month that the pet moves
in.
5. Pet(s) must be fully house trained and at least 1 year old.
6. Pet(s) may not exceed a total of 2 pets.
7. Dogs must not exceed 40 pounds and must not be a prohibited breed.
8. Birds, ferrets, rabbits, hamsters, gerbils, rodents, amphibians, arachnids, and insects are not allowed.
9. Aquariums are allowed, but may not exceed a total of 30 gallons per unit.
10. Pet(s) must be on a leash and appropriately restrained when in common areas or on the grounds.
11. Pet(s) must be appropriately restrained or kenneled when Management, staff, vendors, or authorized
representatives are inside your apartment or when notice of entry has been posted for maintenance or
inspections.
12. Any disturbances (i.e. barking) is not allowed at any time.
13. Registered service animals and companion animals are allowed after approval of a Reasonable
Accommodation form signed by a medical doctor.
14. Pets, including companion animals or registered service animals, must be:
a. Up-to-date on vaccinations and copies of these documents must be provide

Case Info

Judge

Open Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

June 20, 2024

Case Filing Date

June 20, 2024

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Document for Herzog Property Management, LLC vs Corrina Espinoza, Eleazar Contreras, Jr., John Doe and Mary Roe

Preview

Related Topics

Case Info

Parties