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  • Willowbrook LLC vs Janice Philips, Sylvester Philips, John Doe, Mary Roe Eviction (UD) document preview
  • Willowbrook LLC vs Janice Philips, Sylvester Philips, John Doe, Mary Roe Eviction (UD) document preview
  • Willowbrook LLC vs Janice Philips, Sylvester Philips, John Doe, Mary Roe Eviction (UD) document preview
  • Willowbrook LLC vs Janice Philips, Sylvester Philips, John Doe, Mary Roe Eviction (UD) document preview
  • Willowbrook LLC vs Janice Philips, Sylvester Philips, John Doe, Mary Roe Eviction (UD) document preview
  • Willowbrook LLC vs Janice Philips, Sylvester Philips, John Doe, Mary Roe Eviction (UD) document preview
  • Willowbrook LLC vs Janice Philips, Sylvester Philips, John Doe, Mary Roe Eviction (UD) document preview
  • Willowbrook LLC vs Janice Philips, Sylvester Philips, John Doe, Mary Roe Eviction (UD) document preview
						
                                

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27-CV-HC-24-4146 Filed in District Court State of Minnesota 6/24/2024 12:14 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ____________________________ Case Type: Eviction Willowbrook, LLC Plaintiff v. EVICTION COMPLAINT Janice Philips, Sylvester Philips, John Doe, Mary Roe Defendant _____________________________ Donald Perron, attorney for Plaintiff, states and declares as follows: 1. Plaintiff Willowbrook, LLC is a Minnesota Limited Liability Corporation, with its registered office address at 2111 Central Ave. NE, Minneapolis, MN 55418. Plaintiff is owner of the rental premises in question. 2. Defendant(s) Janice Philips and Sylvester Philips is a/are Minnesota resident(s) who leased, by written agreement, the premises at 6020 65th Ave. N., #265 and garage A30, Brooklyn Park, MN 55429, in Hennepin County. A copy of the current lease is attached hereto and made a part hereof. 3. Plaintiff/Owner having present right of possession of said property, has complied with Minn. Stat. §504B.181 by: a. disclosing to the tenant either in the rental agreement or otherwise in writing prior to beginning of the tenancy the name and address of: i. the person authorized to manage the property AND ii. an owner or agent authorized by the owner to accept service of process and receive and give receipt for notices and demands, AND b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information, OR c. the above information was known by the tenant not less than 30 days before the filing of this action because of communications from the landlord and in the lease. 4. This is an eviction action for non-payment of rent. Defendant(s) owe(s) rent of $1,125.00 per month due on the first day of each month. Defendant(s) owe(s) past due rent and other monies owed under the lease totaling $1,269.00 through June 2024, plus the costs of this action including but not limited to the costs and disbursements of this action set forth below, plus any amounts that become due during the pendency of this action. The Defendant(s) is/are still in possession of the premises. 27-CV-HC-24-4146 Filed in District Court State of Minnesota 6/24/2024 12:14 AM 5. A detailed itemized accounting is attached hereto and made a part hereof. 6. The written notice required by Minn. Stat. §504B.321 Subd. 1a was timely and properly delivered and is attached hereto and made a part hereof. 7. The tenancy is not affected by a federal or state housing subsidy program through project based federal assistance payments; the Section 8 program; the low-income housing tax credit program; or other similar program. 8. The Defendants’ military status is unknown. WHEREFORE PLAINTIFF PRAYS THE COURT FOR THE FOLLOWING RELIEF: 1. For judgment against Defendant(s) and an Order issuing an immediate Writ of Recovery returning lawful possession of the premises to the Plaintiff. 2. For Judgment against Defendants for all Plaintiff's costs and disbursements including, but not limited to, the filing fee of $297, convenience fee of $5.00, and process service fee of $75.00 for total statutory costs of $377.00 plus attorney fees allowed under the lease and law. 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. Perron Law Firm, LLC Dated 6-21-24 By: /s/ Donald A. Perron Donald Perron, Attorney ID #272358 4707 Hwy 61, #242 White Bear Lake, MN 55110 (651) 484-1191 / perronlaw@hotmail.com 27-CV-HC-24-4146 Filed in District Court State of Minnesota 6/24/2024 12:14 AM mgm propefly management, Lu: 6/6/2024 Janice Philips,Sy|vester Philips,Sylvia Philips 6020 65TH AVE. N. #265 BROOKLYN PARK, MN 55429 RE: LATE RENT NOTICE The State of Minnesota requires a notice before beginning the process of evicting a renter. This notice lets you know what fees are due, sets a time line for paying them, and tells you who to pay them to. Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notlce period longer than 14 days. The final date for payment is Friday June let, 2024 at 10 AM. Rent, late fees, or other charges can be paid to the authorized MGM Property Management, LLC. at 2111 Central Ave NE, Minneapolis, MN 55418. O Money order or cashier's check to the site office. 0 Money order or cashier's check to the MGM Office at: 2111 Central Ave N.E. Mlnneagglls. MN 55418 0 Use your 'Cash Pay Card' at one of the locations offered to you at the time of your move in. 0 Pay online through the MGM website, using the resident 'Log in' tab, and click 'log in' to create an account, (if you haven't used this before) then pay as directed/selected. You have the right to seek legal help. If you can't afford a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelgMN.grg to know your rights and find your local Legal Aid office. To apply for financial help, contact your local county or Tribal social services office, apply online at MNBenefits.mn.gov or call the United Way toll-free information line by dialing 2—1»1 or 800-543-7709. Please visitMama! to access legal or financial assistance. The City of St. Louis Park website has some information legal and financial assistance that may be available to you. You can access the regarding ' information on the website at : I-a .The telephone ' number for the City of St. Louis Park' Is 952- 924- 2500. Please feel free to contact me should you have any questions regarding this matter. Since It is important that this is taken care of immediately, we would appreciate your cooperation. Thank you, Marisol Cruz Legal Administrator (612) 315-5315 Beginnlng Balance $0.00 Current Month RentChgs. $1,125.00 Current Month Pet Chgs. $0.00 Current Month Garage Chgs. $50.00 Current Month Short-term Chgs. $0.00 Current Month Utility Chgs. $0.00 Current Month Late Fee $94.00 Current Month Payments $0.00 Total Balance Due $1,269.00 27-CV-HC-24-4146 Filed in District Court State of Minnesota 6/24/2024 12:14 AM Lease Agreement 2111 CENTRA AVE N.E. DEV: WBZ MINNEAPOLIS, MN 55418 Bldg. 8L Apt #QZQ fiflfl AVE, N, #gfifi BRQQKLYN PARK. MN 55429 — MGM Property Management, at the address on this |ease,is an agent authorized to accept service of process and receive and give receipts for notice and demands X 12 MONTH LEASE NEW ROOMMATE CHANGE 6 MONTH LEASE X RENEWAL REVISED 2 MONTH LEASE STUDIO __1 BD X_2 BD _3 BD RESIDENTS: List all persons and their dates of birth, who will live in this apartment. Name: Janice Philips Date of Birth: 4/13/1991 Name: Sylvester Philips Date 0f Birth: 5/15/1986 Name: Sylvia Philips Date of Birth: 12/25/2017 Name: Date of Birth: Name: Date of Birth: PROPERTY ADDRESS: 6020 65TH AVE. N, #255. BRQQKLYN PARK, Mu 5322 APT. NO. 6020-265 RENT PER MONTH $ 1125.00 PERFORMANCE DEPOSIT $ 500.00 SHORT TERM FEE $ PET DEPOSIT $ 0.00 GARAGE # A30 $ 50,00 LAST MO RENT ON ACCT $ 1035.00 UTILITY FEE $ OTHER $ 0.00 STORAGE LOCKER $ PET RENT $ TOTAL MONTFEY $ 1175.00 PAYMENT STARTING DATE 03/01/2024 ENDING DATE 12:00 NOON ON 0212512925 NOTICE PERIOD: Two (2) full calendar months. EMPLOYEE NOTICE PERIOD: ONE (1) full calendar month. UTILITIES INCLUDED IN RENT PAID BY RESIDENT: HEAT WATER AND SEWER RUBBISH REMOVAL/RECYCLING GAS X ELECTRICITY X OTHER Insurance PAID BY OWNER: X HEAT X WATER AND SEWER X RUBBISH REMOVAL/RECYCLING GAS ELECTRICITY OTHER Resident and Management agree to the terms of this Agreement and any attachments that may be part of this Agreement on this 29th day of MaLQh._ZQZ§_. Each Resident signing is individually liable for the FULL terms of this Agreement: MGM PROPERTY MANAGEMENT, LLC RESIDENTS (18 Years and Older) *Must be signature and not initials. Sigma? Nicholas Maldonado Janiceé/PW 8W PW Fwd TERMS OF THIS AGREEMENT RENT 1. Payment: Resident will pay Management the Total Monthly Payment on or before the first day of each month. Resident will make Resident's payment payable to "MGM Property Management, LLC," and mail it to 2111 Central Ave NE, Minneapolis, MN 55418. Cash payments are not accepted. 2. Rent After Eviction: If Resident is evicted or given notice to vacate for violating this Agreement, Resident must still pay the monthly rent until the earlier of: (i) the date Management re-rents the Apartment, (ii) the date this Lease ends or, if the Lease is month-to-month, (iii) the date next Notice Period ends. If Management re-rents the Aparfinent for less than the amount of the current Rent Per Month, Resident will pay Management the difference until the Ending Date or until the next Notice Period ends, whichever is latest. 3. Late Payment and Returned Check Charges: Resident will pay Management a late fee equal to 8% of the unpaid rent balance if Resident has not paid the filll Total Monthly Payment by the 5th day of the month. Only certified/cashier's checks or money orders (not personal checks) will be accepted after the 5th day of the month. Resident will pay $30 for each dishonored check written to Management (insufiicient funds, closed account, stopped payment, etc.). 27-CV-HC-24-4146 Filed in District Court State of Minnesota 6/24/2024 12:14 AM Within 24 hours of receiving notice fiom Management of a dishonored check, Resident must pay by certified/cashier's check or money order the past-due amount plus $30 plus the 8% late fee. Afler two dishonored checks, Resident must make all payments to Management with certified/cashier's checks or money orders. Payments received afier the fifth (5th) day of the month may be mailed directly to MGM Property Management, LLC or accepted at your Rental Office. USE OF THE APARTMENT 4. Occupancy and Use: Only the Residents listed on the Lease Agreement may live in the Apartnent. No other person may live in or regularly stay at the Apartnent. Airbnb and similar arrangements are not permitted at the Apartment. Resident will use the Aparnnent only for residential purposes. Resident will not perform day care services or engage in other business activities in the Apartment or anywhere else on the Property. Only residents approved by Management are authorized to receive mail and packages at the Property. Went. 3951' Subletting: Resident may not lease the Apartment to other persons (sublet), assign the Apartment, or sell this Animals: Resident will not keep animals of any kind in the Apar1ment without written consent of Management. Resident and Guest Conduct: Residents and their guests: (i) will not act in a loud, boisterous, unruly, thoughtless, or other manner that disturbs other residents, other residents' guests, the Property, neighbors of the Property, or Owner/Management employees and agents; (ii) will not engage in any illegal or dangerous activity or any other activity that could cause a cancellation, restriction, or increase in premium of Owner' s/Management's insurance or otherwise increase the expense or risk for Management/Owner of the Property; (iii) will not interfere in the management and operation of the Property; (iv) will not alter, misuse, or damage the common areas of the Property, any of the Property's equipment or fixtures, or any other apartments at the Property; (v) will not use the Aparnnent, common areas of the Property, or areas surrounding the Property to manufacture, sell, give away, barter, deliver, exchange, distribute, possess, or use any illegal drugs; to engage in any prostitution or any prostitution-related activity; to unlawfully use or unlawfully possess or accidentally discharge any firearms; or to allow any stolen property on the premises. Resident understands that if, alter he/she begins occupying the unit, he/she or a household member commits a crime that would have caused Management to reject Resident's application had the crime taken place before the start of the lease, this will be gounds for lease termination and/or eviction. Accepting rent and/or executing or modifying any lease will not waive Management's right to terminate the Lease Agreement and/or evict the Resident for crimes occurring afier the start date of the initial term of the initial Lease Agreement. 8 Notices from Authorities: Resident and Resident's guests shall not engage in any conduct that results in a conduct notice; action alert; adverse action related to rental license, certificate of occupancy, or similar licensure; fine; citation; or similar notification fi'om any local police department, other law enforcement agency, or local regulatory agency or authority. The receipt of such a notice is a lease violation for which Management may terminate Resident's lease on one month's notice (regardless of the balance of the term of the lease) and/or evict Resident. 9 No Discriminatory Conduct: While on or oft' the Property, Residents and their guests must not engage in discriminatory conduct against other residents, other residents' guests, Management, Owner, vendors, or agents on the basis of their protected class. Resident and Resident's guests must not direct threatening, violent, or harassing conduct to other residents, Owner, or Management, whether off or on the premises, or to guests or others at the building. This prohibition includes threatening, violent, discriminatory, or harassing conduct communicated through or posted on social media sites on the internet. 10. Resident Handbook and Community Rules: The Resident Handbook and Community Rules are a part of this Agreement. Management may make reasonable changes in these rules at any time. Resident will comply with all rules and policies set forth in the handbook and rules. CONDITION 0F APARTMENT ll. Management's Responsibilities: Management will (i) keep the Apartment and all common areas of the Property fit for residential use; (ii) make all necessary repairs to the Apartment within a reasonable time afler Resident's written request, unless the damage was caused by intentional or negligent conduct by Resident or Resident's guests; (iii) maintain the Apartment in compliance with applicable health and safety codes, except when a violation of the health and safety codes has been caused by the intentional or negligent conduct of the Resident or Resident's guests. 12. Resident and Resident's guests: (i) will not damage or misuse the Apartment or Property or waste any utility provided by Management; (ii) will not paint, wallpaper, decorate, or structurally alter the Apartment or Property without Management's prior written consent; (iii) will keep the Apartment clean, sanitary, and maintained in accordance with any instructions in the Resident Handbook and Community Rules and in compliance with other sanitation, building, fire, or applicable codes; (iv) will give Management written notice of all necessary repairs; (v) will immediately inform Management when Resident learns of any condition that is dangerous or unsafe or that may damage the Apartment or Property, or waste utilities provided by Management; (vi) will not operate or store appliances in the Apartment, other than those that may be provided by Management; (vii) will leave the Apartment in good condition other than ordinary wear and tear. When Resident moves fiom the Apartment, Apartment must be clean and lefl in accordance with Management's move-out instructions; (viii) will not remove any fumishings or fixtures supplied by Management without Management's prior written consent; (ix) will promptly report to Management the presence of insects and other pests and will firlly cooperate with and follow any pest-control instructions or requests made by Management and/or its professional extermination service. See Resident Handbook for further details and instructions. (x) will cooperate with any rehabilitation or renovation of the Property, including following the directions of general contractors, subcontractors, and Management. 13. Substantial Damage or Destruction of Apartment: If the Apartment or Property is destroyed or damaged such that the Apartment is unfit to live in, Management may terminate this Agreement, with no firrther obligation. If Resident or Resident's guests did not cause the destruaion or damage and Management terminates this Ageement, Management will return pro-rated rent to Resident. If Resident or Resident's guests caused the damage, Resident is liable for all damages. PERFORMANCE DEPOSIT l4. Resident Responsibilities: (i) Resident will deposit with Management the amount of the Performance Deposit; (ii) Resident must give proper notice to end the Lease Agreement and vacate the Apartment; (iii) Resident will give Resident's new mailing address or other delivery insh'uctions to Management for return of the Performance Deposit; (iv) Resident will follow Management's written cleaning instructions, remove and dispose of all rubbish and debris, and return to Management all Apartment door, entry door, garage, mailbox, and any other keys or access cards received from Management; (v) Resident will be responsible for costs in repairing or cleaning any damage or conditions beyond ordinary wear and tear. Extra cleaning, painting, or treatment to remove stains or treat stubborn odors fiom tobacco, smoke, cooking, animals, or other remaining odors are not considered ordinary wear and tear and thus may be deducted fiom the Performance Deposit; (vi) Resident will be responsible for Management's costs in re-keying locks, for keys that Resident has not returned, and for any unpaid rent, utilities, or other amounts owed under the Lease Agreement. Resident understands that the Performance Deposit cannot be used for payment of the last month of rent. DURATION OF AGREEMENT 15. Failure to Give Possession: If Management cannot make the Apartment available to Resident on the Starting Date, Resident cannot sue Management for any resulting expense. Resident will not have to pay rent for the days the Apartment is not available to Resident. SPF Jép 27-CV-HC-24-4146 Filed in District Court State of Minnesota 6/24/2024 12:14 AM 16. Termination of Lease: If Resident wishes to move out of the Apartment on the Ending Date of the Lease Ageement, Resident must give Management written notice at least two (2) full calendar months prior to the Ending Date. (For example: If the Lease Ageement ends on September 30, Management must receive written notice fiom Resident no later than July 31.) If Resident does not give proper written notice to Management or if Resident stays in the Apartment afier the Ending Date, and Management and Resident have not renewed this Lease Agreement or entered into a new agreement, this Lease Ayment is extended under its original terms except: (i) the duration shall be changed to a Month-to-Month Lease Ageement with a two (2) filll calendar month notice period and (ii) Management may raise the rent alter providing a two (2) filll calendar month notice. Notices to vacate must be received no later than 11:59 p.m. on the last day ofthe month. l7. Termination and Alteration of a Month-to-Month Lease Agreement: If this Agreement is or becomes a Month-to-Month Lease Agreement, Management and Resident may terminate it only by giving the other party a two (2) firll calendar month written notice. For example, if Resident wishes to terminate the lease on April 30, Management must receive Resident's notice no later than the last day of February. Leases always end on the last day of the month. If this Agreement is or becomes a Month-to-Month Ageement, Management may change any term of this Agreement including the Rent Per Month by giving Resident written notice of the change at least two (2) firll calendar months before the change goes into effect. Notices to vacate must be received no later than 11:59 p.m. on the last day of the month. l8 Other Options: Early termination of a Lease Ageement is permitted with a properly executed Lease Termination "Buy-Out" Ageement, a two (2) full calendar month written notice, and a "Buy-Out" fee paid at the time of exercising this option. This fee is equal to the amount of Rent Per Month due at the time of executing the "Buy Out" Ayeement. 19. Need to Vacate by 12:00 Noon on Ending Date: Resident will vacate the Apartment no later than 12:00 Noon on the date this Lease Ageement ends. Resident understands that prior to and on the Ending Date, Management may schedule work in Resident's Apartment and numerous other apartments to permit Management to ready apartments for future residents. Resident is liable for any damages incurred by Management and for concessions Management makes to fixture residents if Resident fails to timely vacate the Apartment. In addition, Resident will be charged $50 per hour for each hour beyond Noon on the Ending Date until the Resident informs Management that the Apartment is vacant and returns all keys. 20. UTILITIES: THREE-DAY NOTICE DURING WINTER Residents who vacate their apamnents between November 15 and April 15 must provide - three (3) days' written notice to Management that they are vacating the property. This allows Management to make sure the pipes don't fl'eeze. Failure to notify! Management is a misdemeanor as per Minnesota Statute 504B.155. Lease termination notices issued under Paragraphs l6 to 18 of this Agreement constitute proper notice under 504B.155. Resident is responsible for utilities paid by Resident until the end of the lease term. DO NOT have utilities transferred until the last day of the Lease Agreement. MANAGEMENT AND RESIDENT RIGHTS AND RESPONSIBILITIES 21. Fair Housing: Management is an equal opportunity Fair Housing provider. All residents and applicants are protected fiom housing discrimination on the basis of race, color, national origin, sex, religion, creed, marital status, familial status, disability, receipt of public assistance, sexual orientation, and any other class protected by law. Any act or practice believed to constitute discrimination should be reported to Management. Management will promptly investigate such reports and will take action to eliminate any act or practice that violates Fair Housing laws. 22. Eviction: Resident may be evicted immediately and without prior notice if Resident violates any term of this Lease Agreement. Management may bring an eviction action if Resident does not move out voluntarily. If Management does not immediately sue or evict Resident alter Resident violates a term, Management may still sue or evict Resident for that or any other violation later. 23. Eviction for Unlawful Activities: Any violation of the covenants against unlawful activities found at Minnesota Statute 5043.171 voids the Resident's right to possess the Apartment and is gounds for an immediate eviction. 24. Nonwaiver Provisions: It is expressly agced to between Management and Resident that, pursuant to Minn. Stat. 504B.29l Subd. 1(c) acceptance by Management, prior to or afier commencement of an eviction action, of less than the full amount of rent due fiom Resident does not waive Managements right to recover possession of the rental premises for nonpayment by Resident of balance of rent owed to Management. 25. Costs and Attorneys' fees: If Management refers Resident's account to a collection agency at any point during or afier the end of the Lease Agreement, Resident shall pay all collection agency costs and fees. If Management brings a lawsuit against Resident to enforce any provision of the Lease Agreement, Resident is responsible for payment of Management's attomeys' fees up to $15 00.00 and for all legal costs (filing fees, process server fees, sherifl' fees, etc.) actually paid by Management. If Management files an eviction action against Resident, Management will assess an administrative fee up to $125.00 against Resident. Resident shall pay any court costs and other fees owed before paying rent for any given month. 26. Apartment Entry: Management and its authorized agents may enter Resident's Apartment as described in Minnesota Statute 5048.211. A request by Resident for work, repairs, or service at the Apartment shall constitute notice to Resident that Management will enter the Apartment for purposes of responding to such request. 27. Damage or Injury to Resident or Resident's Property: Management shall not be liable for any damage or losses to Resident's personal property unless caused by the willful misconduct of Management or Management's Agent. Management shall not be liable for damage or personal injury to Resident, Resident's guests, or Resident's personal property caused or committed by third parties or caused by accidents or casualties such as criminal acts, acts of nature, lire, bursting pipes, water, sewer or sewage back-ups, water leaks, seepage, explosions, garage door malfunction, any IT IS THE RESPONSIBILITY 0F RESIDENT T0 OBTAIN "RENTER'S INSURANCE" TO PAY FOR LOSS 0F casualty or other like causes. OR DAMAGE T0 RESIDENT'S PERSONAL PROPERTY, RESIDENT'S PERSONAL LIABILITY (INCLUDING PERSONAL LIABILITY FOR BODILY INJURIES AND DAMAGE T0 RESIDENT'S UNIT AND OTHER AREAS 0F THE PROPERTY AS SET FORTH IN PARAGRAPH 28, BELOW), MEDICAL COVERAGE T0 PROTECT RESIDENT AND RESIDENT'S GUESTS, AND LIVING AND MOVING EXPENSES IN THE EVENT RESIDENT IS UNABLE T0 LIVE IN THE APARTMENT 0N A TEMPORARY BASIS 0R MUST VACATE DUE T0 CASUALTY 0R DAMAGE. INSURANCE CARRIED BY MANAGEMENT DOES NOT INSURE RESIDENT'S PERSONAL PROPERTY 0R PROVIDE COVERAGE FOR RESIDENT'S PERSONAL LIABILITY. 28. Reimbursement by Resident: Resident shall reimburse Management for: (1) any loss, property damage, or cost of required repair or service (including plumbing problems) to Resident's unit caused by Resident and Resident's agents, guests, household members, and (if applicable) animals; (2) any loss or damage to any part of the Property caused by doors or windows being lefi open; (3) any service or treatment costs or expenses to remediate, repair, service, or treat the premises due to mold, mildew, moisture conditions, or pest infestation (whether in Resident's unit or in other areas of the Property) that were not reported by Resident to Management so that remedial action could be taken and damages limited; (4) costs for any damages to common areas, other units, and other areas of the Property caused by Resident or Resident's agents, guests, household members, and animals; (5) all costs Management has because of abandonment of the Apartment or other violations of the Lease Ageement by Resident, such as costs for advertising or re-renting the Apartment; and (6) any other amount due under this Lease Ayeement, including but not limited to amounts that may be due pursuant to Paragraphs l9 and 20 of this Ageement. Resident's obligation to reimburse Management under (1) (4), above shall be limited to the amount of the deductible under Management's or - Owner's property insurance policy or $25,000.00, whichever is less. 29. Renter's Insurance Required: Landlord requires Resident to obtain renter's insurance pursuant to the requirements contained on the attached Renter's Insurance Addendum. Failure to maintain renter's insurance constitutes a violation of this Lease and the Landlord shall be entitled to exercise all rights and remedies under the law. SPF Jr,» 27-CV-HC-24-4146 Filed in District Court State of Minnesota 6/24/2024 12:14 AM 30. When Payments are Due: Any amount owed by Resident is due when Management asks for it. Management does not give up its right to any money owed by Resident because of Management's failure or delay in asking for any payment. Management can ask for any money owed by Resident before or afier Resident moves out of the Apaltment. MISCELLANEOUS 31. Trespass: Resident agrees that Management may trespass individuals, including Resident's guests, who engage in lease violations or who otherwise threaten, harass, or discriminate against other residents, Management, vendors, or other residents' guests (on or off the premises, including other properties owned or managed by Management) or who damage property belonging to Landlord, vendors, stafl; other Residents, or guests. Resident acknowledges that Management may revoke Resident's ability to extend apparent authority to be on any part of the Property to an individual or a guest who engages in the above-referenced acts. It is a lease violation to voluntarily allow a trespassed person onto any part of the Property. 32. Agreement is Subject to Mortgage: Management may subject the Property to a mortgage or contact for deed. Resident agees that the rights of holders of any present or future mortgage or contract for deed will be superior to Resident's rights under this Lease Ageunent, and Resident agees to sigr a statement to that efi'ect upon request. This may permit the holder to foreclose the mortgage, cancel the contract deed, and/or terminate Resident's Lease Ageement. 33. False or Misleading Rental Application: If Management determines that any oral or written statements made by Resident in the rental application or during application process are not true or complete in any way, then Resident has violated this Lease and may be evicted. If Management incorrectly determines that Resident meets the Property's screening criteria and accepts Resident's application, whether through mistake, omission, inadvertence, negligence, or fault of Management, Management's tenant screening agency, or Resident, or for any other reason, Management has the right to terminate the Lease Aycemcnt with one month's notice, regardless of the length of the lease term. Resident acknowledges that holding over after termination of the lease by notice due to Resident's ineligibility for occupancy under the Property's screening criteria is a basis for eviction in a court action. 34. Building Rules and Attachments Are Part of Lease; No Oral Agreements: Any attachment to this Lease Agreement is a part of this Lease Ageement. If a term of any attachment conflicts with any term of this Lease Agreement, the attachment term will be controlling. Management's Resident Handbook and Community Rules are a part of this Lease Agreement, and Management may make reasonable changes to the handbook and rules at any time. No oral ageements have been made. This Lease Agreement, its attachments, and any other written ageements are the entire agreement between Resident and Management. This Lease Ageement shall not be altered, modified, or amended except in writing, sigred by all the parties hereto. 35. Attorney General's Notice: A copy of the "Attorney General's Statement" required by Minnesota Statute 504B.275 is available fi'om the attorney general to any residential tenant upon request. 36. Notices: Resident agrees that any single notice of demand delivered to the Apartment is proper notice to Resident. Resident may deliver all notices or demands to and serve any process on Management by delivering it to or serving it on MGM Property Management, LLC at its address on Page l of this Lease Agreement. 37. Binding on Estate: This Lease Agreement may be terminated upon a two (2) full calendar month notice in the event of the death of all persons signing this Lease Ageement. Notice maybe given by the representative of Resident's estate or by Management. Resident's estate is liable for all monthly Total Monthly Payment owed prior to and during the Notice Period. 38. Resident Loss of Right to Use Amenities: Notwithstanding anything to the contrary herein or in the Resident Handbook or Community Rules, Resident acknowledges and agrees that, in the event Resident fails to fulfill any of its obligations (whether performance-based or payment-based) as required under the Lease Ageement, the Resident Handbook or Community Rules, Resident shall immediately lose the right to use all amenities at the Property otherwise available to Resident in connection with its lease of the Apartment hereunder (including but not limited to, outdoor pool, indoor pool, exercise room, billiard room, and community room, as applicable for the Property). Management may reinstate Resident's rights upon Resident's cure of such failure, in Management's sole and absolute discretion. SPF Jép 27-CV-HC-24-4146 Filed in District Court State of Minnesota 6/24/2024 12:14 AM DEV: WBZ Bldg. & Apt THAV .NJIZ R KLYN P MN 42 M um RESIDENT GARAGE RENTAL AGREEMENT Resident: _J§nige Philips. Sylvgsjgr Ehilip; Address: 6020 65TH AVE. N. #265 Apt-#I 6020-265 Garage Number: A30 Effective Date: 03/01/2024 Rental Rate: $50.00/Month (This monthly rent rate may be hereafter increased or decreased upon proper notice) MGM Property Management, LLC hereinafter referred to as "Management" agrees to rent to Resident a designated garage space as indicated on this form ("garage space"). This agreement shall be part of the residential apartment lease agreement ("apartment lease") executed by the Resident and the rules of tenancy of the said agreement shall apply to this agreement. This agreement shall terminate concurrently with the apartment lease. Should you desire to vacate your garage space at the termination of your apartment lease, the same written notice period two (2) calendar months prior to the expiration date of the apartment lease applies, as per clauses 16 and 17 of the apartment lease. Resident agrees that the garage space will be used for working vehicles only and that it will be used, at all times, in lieu of an open parking space insofar as space availability does not make it possible to store a vehicle inside and outside alternatively. An exception to this policy will be granted, if the garage space is an additional garage space rented for the storage of personal items, or in the situation where the Resident does not own a vehicle and desires to use this garage space for personal storage. However, if this is the only garage space leased by the Resident, and that Resident owns a vehicle, the garage shall be used for the exclusive parking of that vehicle. The Resident also agrees to the following items: o Resident will not use the garage space for washing vehicles, changing oil, repair or maintenance work. o Resident will not store any hazardous or flammable materials or personal items in the garage space. c Resident will keep the garage door closed and locked at all times. - Resident will use extreme caution when driving in the parking lot and the dn'veways. - In the event that Resident has defaulted in the performance of any of its obligations under this Agreement or under the apartment lease, Management shall have the rig ht to repossess the garage space and tow Resident's vehicle and /or remove and store Resident's personal property all at the Resident's cost and expense. - Upon proper notice, two (2) calendar months, Management may terminate this Garage Agreement with the lease. Whether this garage space is used for a vehicle or storage of other personal items. Management assumes no responsibility for the safekeeping of vehicles or personal property in garage. 894mm PW Pw'pa Janice é PWé Resident *Must be signature and not initials. Nicholas Maldonado MGM Property Management 12/2022 27-CV-HC-24-4146 Filed in District Court State of Minnesota 6/24/2024 12:14 AM Transactions Date Range: All .'a ES u" ._.__ ._-_ n 5 [— '9 _"'K_. M: 1| 11'! 1 II .( ll ctwe Efldi Janice Philips WilltiiNb rook libértments < Multi > 2/10/2020 Date Property Unit Reference Description Comment Amount Balance 02/10/20 WBZ 6020-265 Application Fee 90.00 90.00 02/10/20 WBZ 6020-265 Security Deposits 500.00 590.00 02/10/20 WBZ 6020-265 Rent Charge FEBRUARY 2020 Pro-rated 713.79 1,303.79 02/10/20 26261380934 Payment Received -400.00 903.79 02l10/20 20881944123 Payment Received -100.00 803.79 02l10/20 20881944122 Payment Received -90.00 713.79 02/10/20 108661 16340 Payment Received -249.00 464.79 02/10/20 108661 16339 Payment Received —500.00 -35.21 02I10/20 WB2 6020-265 Last Months Rent Received 1,035.00 999.79 02/10/20 108661 16338 Payment Received -35.00 964.79 02/10l20 108661 16337 Payment Received -500.00 464.79 02/10/20 108661 16336 Payment Received -500.00 -35.21 03/01/20 WB2 6020-265 Rent Charge MARCH 2020 1,035.00 999.79 03/06l20