Motion for Writ in Silver Lake Apartments vs Robert McCurdy| Trellis.Law

On June 24, 2024 a Complaint-Civil Index #2 was filed involving a dispute between Silver Lake Apartments, and Mccurdy, Robert, for Eviction (UD) in the District Court of Olmsted County.

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55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF OLMSTED THIRD JUDICIAL DISTRICT

Court File N0. 55-CV-24-
CASE TYPE: EVICTION
SILVER LAKE APARTMENTS,

maintiff,

vs. EVICTION COMPLAINT
ROBERT MCCURDY,
John Doe and Mary Roe

Defendants.

Plaintiff for its complaint against the above-named Defendants states and alleges as
follows :

JURISDICTION
1 . Plaintiff is a Minnesota Assumed name held by Stonn Management, LLC with an address

of 1515 AVE NE, APT. 101, Rochester, MN 55906 and manages the property located at
3RD

1510 3rd AVE NE APT. 7-201, ROCHESTER, MN 55906 (herein "Premises").

. Defendants are residents of Olmsted County detaining possession of the Premises.

VENUE

. Venue is proper in Olmsted County pursuant to Minn. Stat. §542.02 as the causes of
action alleged herein arose in Olmsted County.

STATEMENT OF FACTS

. Defendant ROBERT MCCURDY is a tenant of Plaintiff s pursuant to the terms of the
lease attached hereto (Herein "Lease").

. Defendant has failed to pay rent for the months of April, May and June and now owes,

including late fees, the sum of $3,550 and a copy of the ledger is attached hereto.

6. Plaintiff has complied with §504B.181 by informing the tenant in writing the name and
_ address of the person authorized to manage the property and an agent authorized to

accept service of process and receive and give receipt for notices and demands.
55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

Plaintiff provided ROBERT MCCURDY a 14-Day ﬁotide, at least 14"days 'p'rior'to the
ﬁling of this action. Such notice complies with Minnesota Statute §504B.321, a copy of
which is attached hereto.

Defendant continues to detain possession of the Premises.

COUNT I UNLAWFUL DETAINER

Plaintiff, as and for its ﬁrst cause of action against Defendants restates, reiterates and

incorporates Paragraphs 1 through 8 hereof and further alleges:

9. Plaintiff is entitled to recover possession under Minnesota Statute §504B.28S Subdivision
1
(2) by detaining possession despite the default in the lease recited herein.
10. I, Travis M. Ohly, being sworn/afﬁrmed, state that I am the attorney in this action, that I
have read the complaint and that it is true to the best of my knowledge; that Defendant is

not now in the military service of the United States, to the best of my information and
belief.
11. To the best of my knowledge, the Premises are not "public housing" as deﬁned by
Minnesota Statute §SO4B.268.
12. To the best of my knowledge the Tenancy is not affected by a federal or state housing
subsidy program through project-based federal assistance payments, the Section 8

program, as deﬁned in Minn. Stat. §469.002, subd. 24; the low-income housing tax credit

program; or any other similar program.
WHEREFORE, Plaintiff prays for an order and judgment against Defendants as follows:
A. A Judgment in unlawful detainer and the issuance of a writ of recovery of premises;
B. An Order awarding Plaintiff costs and disbursements incurred in this matter;
C. For such other further relief as the court deems to be just, fair and equitable.

I declare under penalty of perjury that everything I
have stated in this document is true and correct.

Dated: June 24, 2024 ls/ Travis M. Ohly
Travis M. Ohly
Attorney # 0347176
1850 North Broadway
Rochester, Minnesota 55906
55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

(507) 2894529
Attorney for Plaintiff

ACKNOWLEDGMENT

The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.211, Subd. 2, costs,
disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or
parties in this litigation if the Court should ﬁnd that the undersigned acted in bad faith, asserted a
claim or defense that is frivolous and that is costly to the other partyl, asserted an unfounded position
solely to delay the ordinary course of the proceedings or to harass, or commit a ﬁaud upon the
Court.

Dated: June 24, 2024 OHLY LAW OFFICE

/s/ Travis M. OhlV
Travis M. Ohly
Attorney # 0347176
55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

Silver Lake Apartments
1515 Ave NE Apt 101
3rd

Rochester, MN 55906

Robert McCurdy
1510 3rd Ave Ne Apt 7201
Rochester, MN 55906

June 3rd, 2024

Re: Past Due Rent and Eviction Action

Dear Robert McCurdy,

This correspondence serves as an ofﬁcial notice regarding the nonpayment of rent for the
premises located at 1510 3rd Ave Ne Apt 7-201, Rochester, MN 5 5906 in Olmsted County.

According to the lease agreement dated 2/1/2023, the monthly rent of $900 is due on or before
the June 1", 2024. As of the date of this letter, your account shows an outstanding balance of
$3550 for the month(s) of June.

You are hereby given 14 days' notice to rectify this non-payment. Therefore, you are required to
pay the total outstanding amount of $3550 on or before June 17th, 2024. Payment should be
made in the form of cash, check, cashier's check, money, credit/debit card to Silver Lake
Apartments at 1515 3'" Ave NE Apt 101, Rochester, MN 55906.

If the ﬁill amount is not received by the speciﬁed due date, we will start the eviction process to
recover possession of the propel'ty and any unpaid rent and fees allowed by law.

You have the right to seek legal help. 1f you cannot afford a lawyer, ﬁee legal help may be
available. Contact Legal Aid or visit www.LawHelpMN.org 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.

If you have any questions or concerns regarding this matter, please contact me at 507-289-8982
or silverlakerochester@gmail.com.

Sincerely,

Silver Lake Apartments
55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

ﬁlyer Lake Apartments
507-289-8982

Residential Lease
1 PARTIES: This lease for the rental of residential property is between Storm Management LLC dba Silver Lake Apartments
("Owner") and Robert MeCu rdy ("Resident(s)").

THE LEASE!) PREMISES ("PREMISES"): The Owner hereby leases to Resident the Premises described as follows:
1510 3''1 Ave NE 7-201 Rochester MN 55906
Street City Stste Zip

TERMS:
a. J
The term of this lease shall be from NOON on February I", 2024 to NOON on uly 31", 2024. Resident agrees to inforrn
Owner not less than thirty (30) days prior to the expiration of the ﬁxed lease term of Resident's intention, either to vacate at
the end of the term or to request a renewal of the lease.
b. If Resident retains possession of the premises after expiration of the fixed lease term with the permission of Owner, Resident
and Owner shall continue to be bound by the terms and conditions of this lease on a month-to-month basis with an additional
monthly rent of $150.00 (One Hundred and Fifty Dollars). The lease may then be temrinated by either party giving thirty (30)
days written notice prior to the end of the rental month.
c. If Resident retains possession of the premises after' expiration of the fixed lease term without the permission of the OWner,
Resident and Owner shall'continue to be bound by the terms and conditions of this lease on a month-tomonth basis at the
in possession of the premises and
monthly rental rate double in terms in Paragraph 4, until such time that resident is no longer
resident's belongings are no longer on the premises.
(1. Notice in writing of vacating the premises must be delivered to the owner no later than 30 days prior to the end of the rental
period. Otherwise, the owner may, at owner's option, consider Resident to
have extended the lease on a month-to-month basis
until such time as the Resident give Owner a 30-day notice in writing of intention to vacate. [t is understood that all month-to-
month leases end on the last day of the month after a minimum of 30-day notice.

RENT:
a. The total rental price for' the term of this lease is $5,400.00. 01'" this amount, the ﬁrst rental payment. in the amount of $900.00
is due on February 1", 2024. The remainder' is payable in monthly installments of $900.00, each due on the FIRST day of
each month, beginning the following month.
13. Resident shall incur and be charged $25.00 per week as a late fee for payment of any portion of rent received by Owner/Manager
after midnight on the l" (First) day of the month until rent is received or until the maximum allowable by law. Such fees will
be considered additional rent and may be collected immediately by the Owner, or at Owner's option, such fee may be withheld
from Resident's security deposit.
c. A charge of $50.00 may be imposed on Resident for' any resident's check returned to Owner because of insufﬁcient ﬁrnds or
for any other reason, not the fault of the Owner, whether the check is for rent, security deposit, or other payment.

5. NOTICE: Except as otherwise provided in this lease, all notices provided or required by this lease or under the laws of the
State of Minnesota shall be in writing and shall be delivered to the other party as follows:
a. To Resident: Either delivered to the Resident personally or securely and conspicuously posted on the Premises and sent by
ﬁrst class mail, postage prepaid, at the Premises or at the Resident's last known address.
b. To Management Company: Either delivered to the Manger personally or sent by First Class mail, postage, prepaid, to the
Owner's address as follows: 15 IS 3"d Avenue NW, Rochester, MN 55906.

SECURITY DEPOSIT: Resident agrees to pay the Owner at security deposit in the amount of $750.00 according to the following
payment schedule, by optional and mutual agreement between Owner and Resident:
a. Owner shall not be required to apply the security deposit to any charges or damages for Resident's failure to perform the
in place of
promises and agreements ofthis lease, but may do so at Owner's option. Resident may not use the security deposit
rent without the Owner's written permission. Owner's right to demand and recover possession of the Premises for non-payment
of rent or for' any reason, shall not be affected by reason of the fact that owner holds the security deposit, nor shall Owner's
exceed that amount. If Owner must
recovery of damages be limited to the amount of the security deposit if Owner's damages
clean the apartmerrt to make it suitable for the next tenant it will be charged and deducted from the security deposit at
the rate of $40/hour. If the tenant does not give proper written notice stated in paragraph 3 that they are leaving, the
entire security deposit may be forfeited. If the tenant smokes in the apartment, the security deposit will be forfeited.
court costs and
b. If not otherwise applied toward the payment of damages or' costs, including but not limited to attorney's fees,
be returned to Resident
unpaid rent suffered by Owner by reason of Resident's breach of this lease, the security deposit shall
alter the terminatiorr of this lease and the vacating of the premises.
55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

In the event there is more than one resident, Owner reserves the right to return the amount of the security deposit,
less
c.
if said amount the residents unless notiﬁed otherwise by written notice
appropriate charges, any, by dividing equally among
signed by all Residents and received by Owner prior to termination
of the lease.

7. UTILITIES:
a. Owner pays for gas, heat, water, sewage, and trash pickup. Resident is responsible for electricity, phone, intemet, and TV
service. Resident must put the electricity in Resident's name by calling Rochester Public Utilities at 507-2801500. The
Resident is responsible at the time of the move out, to cancel their own electricity. The Owner offers internet for $25/month
With a $140 deposit which is refundable if Resident returns equipment at the time of move out or no longer wants service.
b. The party responsible for any utility or service shall not be liable for failure to furnish the utility or service when the cause of
such failure is beyond that party's control.
0. If the Resident is responsible for any utilities, the Resident shall, within 3 days alloy the beginning of the lease tar-ins, arrange
for the utilities to be started. maintained, and billed to the resident.

8. MONEY OWE!) TO OWNER: If at any time a Resident owes the Owner money for past due rent or other services (Example,
but not limited to: Security Deposits, Damages, Repairs, Utility Bills), any money received from Resident would ﬁrst be applied to
any outstanding balance before the money would be applied towards current
balance owed.

USE OF PREMISES:
a. Resident shall occupy and use the Premises for residential purposes only unless Resident receives prior written approval from
Owner.
b. Resident shall not engage in any illegal activities on the Premises. Any illegal activities are grounds for immediate termination
of this lease with legal actions which can be assisted by law enforcement if necessary.

10. OCCUPANCY:
a. No mor'e than persons may reside in the Premises.
Resident shall not allow guest to stay in/on the Premises more than 7 days per month with the written consent of
the Owner.
b.
Owner will start eviction process if Resident's guest stays more than allowed by the owner.
c. Resident shall not move another person in with them without getting written permission from the Owner and the new person is
approved by the Owner.

ll. CARE OF PREMISES, REAPIRS, AND MAINTENANCE:
causes or
a. Resident shall not cause or permit any neglect or deliberate or willful misuse of the Premises. In the event Resident
or willful misuse of the Premise, Resident to bear the expense for the repair of all
permits any neglect or deliberate agrees
from such or deliberate misuse. The expense so incurred shall be deemed additional rent for the
damage resulting neglect
the occurrence of such neglect or deliberate
Premises, and it shall be due and payable by Resident to Owner immediately upon
the Resident. NO
or Wiiiﬁli misusc. Excessive damage caused or permitted by Resident shall be grounds for Owner to evict
SMOKING IN APARTMENT WHICH INCLUDES, BUT NOT LIMITED TO ELECTRONIC DEVICES.
b. Resident shall not make any physical alterations in the Premises including, but not limited to painting, adding or change deor,
written consent of the Owner. Resident
window, and gate looks, or altering landscaping for the Premises, without the prior
shall leave upon and surrender to the Owner, with the premises at the termination of the Rental Agreement, all locks, brackets
or improvement
for curtains, and all other ﬁxtures attached to doors, windows, or woodwork, and all alterations,'additions
made by Resident, without any payment therefore. Resident will be responsible for the cost of repairing the walls if there are
excessive nail/screw holes, or larget' nail holes in the walls.
a ﬁnal cleaning
c. After Resident vacates the Premises, if the Resident has not cleaned the apartment to the Owner's satisfaction,
of the Owner, including (without limitations) cleaning of appliances,
of the Premises will be performed by agents or. employees
It is understood and that the cost of such ﬁnal cleaning shall be deducted from
furniture. and ﬁxtures. eXpressly agreed
services.
Resident's security deposit at the rate descripted in Paragraph 6a which includes supplies and
If carpets/rugs are stained or dirty beyond normal wear and tear from its original condition at the time of move in, carpets/rugs
d.
must be done at resident's expense, or a
must be shampooed upon Vacating by a professional company. Carpet/Rug cleaning
Resident must show proof that the carpets were
fee for carpet cleaning will be deducted from the security deposit.
professionally cleaned.
e. If any appliances or system in or on the Premises including but not limited to range, oven. refrigerator, furnace, heating systems,
to inform Owner of such failure or
or plumbing system fails to operate or otherwise malfunction, it is Resident's responsibility
such malfunction or that occur as a result
malfunction. Any damages that occur as a result of Resident's failure to report any
of the Resident and Resident shall be held
of the continue use of the malfunctioning appliance or system, are the responsibility
liable therefore.

Premises prior to taking knows the
12. CONDITION OF PREMISES: Resident acknowledges having examined the possession,
in their condition. Resident agrees at the termination of the lease to
condition of the Premises, and accepts the Premises present
and tear expected. Resident understands and agrees that
return the Premises to the Owner in the same condition, normal wear
no representations or warranties as to the condition of the
Premises.
Resident leases the premises "as ill" and that owner makes
55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

13. INSURANCE: Owner's insurance does not cover' Resident's personal possessions in the event of loss or damage due to fire,
windstonn, ﬂood, theft, vandalism, or other similar cause. if resident
desires to insure personal possessions or to insure against
Resident's personal liability, Resident must obtain rcnter's insurance.

X4. RESIDENT NEGLIGENCE AND DAMG ES:
or Resident's
a. Resident shall promptly repair or replace any ﬁxtures, appliances, furniture on Premise broken due to the Resident
the Premise and in a safe, clean, sanitary condition.
guest negligence. Resident shall keep (inside outside)
Resident is responsible for all damages to Premise caused by the Resident or Resident's guest. Resident is held responsible
for
b.
all costs accrued including but not limited to repairs and replacement.
the window
c. Residents are responsible for glass and screen damage, excluding storm damage. Resident is responsible to keep
to the windows covers when they are broken or not in
covers in clean and working condition. Rﬁﬁidcﬂt is responsible replace
working condition.

15. DRAINSITOILETS: All drains are draining freely and toilet is functioning without problem when Resident moves into the
Resident is responsible
Premise. If any of the drains or toilet gets obstructed due to items froin Residents or Resident's guest, the
if No chemical drain cleaner can be used
to the drains or pay for the costs to have the drain opened and repaired necessary.
open
in any drain. Resident must contact Owner regarding the problem immediately.

16. RUBBISH: Resident must dispose of all trash and rubbish in the Premises in a clean, safe, and sanitary manner. If the Owner
the Owner provides. Resident will be charged for
provides trash pickup, the Resident must put all trash/rubbish in to the dumpster
the disposal of any rubbish found in/around the Premise or in parking lots next to Resident's vehicle.

17. PEST CONTROL: Resident agrees to report any pest issues to the Owner or Owner's agents for necessary remediation. It is the
responsibility of the Resident to keep the Premise clean, tidy, orderly.
if Resident consistently lives in an unsanitary environment,
and
Resident acknowledges and accepts that the Owner or Owner's agents are limited in its ability to address the pest situations,
Resident waives the right to hold Owner or Owner's agents responsible for' the continual issue. if Resident
fails promptly report
to
control of bed Resident will be responsible for the remuneration for resultant costs.
pest issues, including presence bugs,

18. PRIVACY: The Owner or Owner's agents shall have the right, subject to Resident's consent, which consent shall not be
make necessary, or agreed repairs, decorations, alteration, or
unreasonably withheld, to enter the Premise in order to inspect,
or exhibit the Premise to prospective or actual purchasers, mortgages, residents,
improvements, supply necessary or agree services,
workmen or contacts; if there is notice of Owner's intent to enter' the only enter' at reasonable times.
Resident shall receive a notice
of access no less than 24 hours prior to maintenance/Owner gaining access to the Premises. Owner or Owner's agents may enter
the Premise without Resident's consent in case of emergency and as otherwise provided in Minnesota Tenant Law. EMERGENCY
ENTRY GRANTED BUT NOT LIMITED TO FIRE, WATER, STRUCTURAL EMERGENCIES.

19. ASSIGNMENT/SUBLETTING/RELEASE
or all the term of this lease without
a. Resident shall not assign this lease, or sublet any portion of the leased Premise, for any part
the prior written consent of Owner.
to Owner, who will sign
b. Owner agrees to release Resident from this lease if Resident ﬁnds a replacement resident, acceptable
in accepting a replacement Resident.
a new lease for the remaining tenn. Owner shall exercise in good faith and reasonableness
in the event said lease is subleased or released
c. Resident agrees to pay an amount equal to 85% of one moth as a "re-reletting fee"
is forfeit and will be
back to the Owner prior to the end of this Lease. The Resident also understands that the security deposit
charged for any cleaning or damages to the Premise.

20. NOISE AND DISTURBANCE:
of the Premise, or unduly
Resident shall conduct themselves in a manner that will not disturb a neighbor's peaceful enjoyment
Excessive noise and loud music will not be tolerated in our apartment
infringe on the right of other Residents or neighbors.
noise will result in legal action to terminate your rental agreement if more than 3
community. Failure to control guests and their
are some Rochester City Ordinances:
complaints have been ﬁled. The following
of the premises from which it emanates between the hours of 10:00 pm. 8:00
-

l) Audible beyond the property line
am.
at 50 feet beyond the property line of the premises from which it emanates between the hours of 8:00 am.
2) Audible
-
10:00 pan.
3) Audible at 50 feet from the source if emanating from a public street, public park, or other public place.
to consult and to abide
21 RULES AND REGULATIONS: Resident agrees for himself/herself, members of his/her family and guests
to such amended rules or regulation which Owner
at the time of signing this lease, and
by the set of Rules and Regulation in effect or of Resident's rights
or preservation of the Premises or for the protection preservation
reasonably establishes for the protection rules and in this lease, the Owner wrll
and the of other tenants and neighbors. If Resident does not follow the regulations
rights
55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

issue written violations. If Resident gets three written violations over one year timeframe, the Owner will start the eviction
process.

22 FIRE AND CASUALTY DAMAGE: If the rental unit or premises are damaged or destroyed by ﬁre or other casualty to the extent
that the enjoyment of the rental unit is substantially impaired, Resident may (a) immediately vacate the premises and notify the
Owner without fourteen (14) days of Residents intention to terminate this Rental Agreement, in which case this Rental Agreement
shall terminate as of the date of vacating; or (b) if continued occupancy is lawful, vacate only that part of the rental unit rendered
unusable by the ﬁre or casualty in which case, Residents liability for rent shall be reduced in proportion to the diminution and the
fair rental value of the rental unit. If this Rental Agreement is terminated under the provisions of this paragraph, OWner shall return
to Resident all prepaid rent and security recoverable.

23 RECREATIONAL FIRES (IF APPLICABLE): If Resident shall patriciate and/or conduct a recreational ﬁre, Resident agrees
o

that the fire must not be greater' than 3 feet in diameter and shall not be conducted within 25 feet of occupiablc structures or 15
feet if contained within an approved barbecue pit or grill.
Recreational Fires: The burning of materials, other than rubbish, contained in an outdoor ﬁreplace, barbecue grill, or pit and with
a fuel area 3 feet or less in diameter and 2 feet or less in height, for pleasure, religious, ceremonial, cooking or similar purpose.
There is a zero-tolerance policy for the use of fireworks in and arOund the Premise.

24. PETS, EMOTIONAL SUPPORT ANIMAL (ESA), AND SERVICE ANIMALS: No pets, BSA, or Service animals are allowed
without the written permission of the Owner. Resident must provide documentation to Owner of all ESA or Service Animals or
any request for one. Owner shall make reasonable accommodations for all BSA and Service animals according to local, state, and
federal laws. If the Premises allow pets, the Owner limits it to two pets, no aggressive breeds of dogs, and additional pet security
Pets will be
deposit of _N_IA, which is refundable as long there is no damages or cleaning required when vacating the Premise.
permitted to occupy the premises based on discretion of Landlord. Resident will be held liable for all damage or unsanitary
conditions caused by pet.

25 PARKING: Use of any parking area provided by the Owner' shall be governed by such rules and regulations as may be issued from
u

time to time by the Owner and such use shall be at Resident's risk and with the understanding and agreement that Owner shall not
be liable for personal injury therein or loss or damage to property thereon. Inoperable and/or abandoned vehicles may be towed
away at vehicle owuer's expense with or without notice. Inopcrablc vehicle is deﬁned as any vehicle, (including motorcycles) that
(l) is not licensed or has an expired license, (2) has ﬂat tires or no tires, (3) is not street legal, (4) is not in running condition.
Resident shall not do any mechanical repair-s to autos, boatS, or motorcycles that require a disabled vehicle on promises for a period
No
longer than 24 hours. Any ﬂammable residue stains and containers must be removed frorn driveway or parking lot immediately.
disabled vehicle will be allowed on the property. If vehicle is disabled it must be removed from the premiscs or it may be towed
by the Owner at Residents cost. Parking is on the street unless Owner gives Resident a written
notice on where to park. It
parking permits are required, Resident can get the parking permit from Rochester City Clerk Ofﬁce at 20l 4"I St. SE Suite
I35, Rochester, MN 55904 (507-328-2900).

26. REMEDIES: Owner/Manager may report unpaid amounts to credit or collection agencies. Upon default, Owner/Manager has all
other legal remedies, including Lease Contract termination. Resident hereby agree that in the event of the retention, employment,
or use of an attorney by us became of any violation or breach of any covenant of or provision of this Lease Contract, Resident agree
to pay our attorney fees when and as they accrue, all of which shall be considered additional rent. Resident shall be responsible for
said fees whether litigation is commenced, and Resident shall be responsible for said fees because of any breach by Residents
and overhead in collecting late rent
family, an occupant or guest. Late charges are liquidated damages for our time, inconvenience,
(but are not for attomey's fees and litigation costs). All unpaid amounts bear 1% interest per month frorn due date, compounded
Resident must pay all collection agency fees in addition to the amounts that are due under this Lease Contract.
monthly.

27. ABANDONEMENT: In the event the Resident vacates or abandons the Premises prior to the termination of the lease, Resident
expressly authorizes Owner, at Owner's option, to re-enter and re-rent the Premises for the beneﬁt of the Resident without affecting
a termination of the lease. All expenses incurred by Owner in re~renting the premises shall be borne by the Resident, and any rent
received as a result of that renting shall be applied to the amounts due to the Owner from the Resident under the lease. HOWEVER,
IT IS EXPRESSLY UNDERSTOOD AND AGREED BY RESIDENT 'l'l-lAT RESIDENT'S OBLIGATIONS INCLUDING THE
OBLIGATION TO PAY RENT SHALL CONTINUE FOR THE FULL TERM OF THE LEASE.

DEFAULT BY RESIDENT: in the event the Resident fails to pay the rent or any portion thereof when due, and three days' notice
28.
in writing has been given to Resident requiring in the alternative the payment of the rent or the possession
of the Premises, the
of the Premises. In the event that
owner may, without further notice to Resident, terminate the Resident's right to possession
Resident shall default in the performance of any of the promises or agreements contained in the lease, other than the promise to pay

rent, or if Resident shall fail to comply with the Rules and Regulations incorporated herein or hereafter established, the Owner may
the Resident's right to possession of the Premises under
give Resident three days' written notice of Owner's intention to terminate and Resident shall
the lease and at tile expiration of the three days the Resident's right to possession of the Premises shall end,
AND ACKNOWLEDGES THAT RESIDENT s
surrender the Premises to the Owner. RESIDENT UNDERSTANDS
55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

OBLIGATIONS INCLUDING THE OBLIGATION T0 PAY RENT UNDER THIS LEASE SHALL CONTINUE FOR THE
FULL TERM OF THIS LEASE WHETHER RESIDENT VACATES THE PREMISES VOLUNTARILY 0R
INVOLUNTARILY, AND OWNER SHALL HAVE THE RIGHTS DESCRIBED IN PARAGRAPH 19 HEREIN.

29 LIMITATION OF LIABILITY: Ownel' shalI not be liable for any loss or damage that may be the result of acts or omissions of
other tenants, their guests, or their pets, when such acts or omissions are beyond the direct control of the Owner. Resident agrees
that Ownel' will not be liable to the Resident for any loss or damage to Resident or Resident's property which is caused by a failure
or malfunction of the sewer or water system, gas system, or electrical system when such failure or malﬁmction is the result of acts
or circumstances beyond the direct control of the Owner. In the event Resident, any member of Resident's household or his guests
has reason to believe that he has or may assert any claim against Owner or Owner's agent or employees, Resident shall notify owner
in writing within thirty (30) days of the happening of sucll event which gives rise to such claim. The failure to give such notice shall
relieve Owner and Owner's agents and employees frotn all liabilities For such claim.

30. ABANDONED PROPERTY: Upon termination of the lease or upon vacating or abandonment of the Premises by the Resident,
any personal property left in the premises or surrounding area will be considered abandoned property. Resident agrees that Without
notice to Resident, the Owner may immediately remove abandoned property and place it in storage at Resident's expense, and
without notice to Resident, Owner may dispose of such propeity in any way the Owuer deems proper from the date of removal of
said property from the Premises. Under no circumstances shall the Owner incur any liability for the loss or damage to such
abandoned property at any time.

31 ATTORNEY'S FEES: In the event of any legal action concerning this lease which results in a judgment or an order, the losing
party shall pay to the prevailing party reasonable attorney's fees and court costs to be ﬁxed by the court.

32 LIABILITY: Resident will only be liable for the injtny to any person or damage to any property caused by the negligence or willful
u

acts of Resident or Resident's guests or pets. Owner will only be liable for the injury to any person or damage to any property
caused by the negligence or willful acts of Owner.

33 SUBORDINATION: This lease shall be subordinate to all existing and future mortgages and deeds of trust upon the Premises or
upon the property of which the Premises are a part and this lease shall be void if recorded.

34. WAIVER: Any waiver, by either party of any breach of any provision of this lease shall not be a continuing waiver or a waiver of
subsequent breach of the same or a different provision of this lease.

35 SEVERABILITY: The unenforceability of any provision or provisions of this lease shall not affect the enforceability of any other
provision or provisions.

36. JOINT AND SEVERAL LIABILITY: If this lease is signed on behalf of the Resident by more than one person, then the liability
of the persons so signing shall be joint and several.

37. SIGNATURES/AMENDMENT OF LEASE: This lease contains the entire agreement of the parties and may not be altered or
amended except by mutual written agreement signed by both parties.

38 ACKNOWLEDGEMENT: By executing this lease, Resident acknowledges that Resident has read it thoroughly, understands it
completely and has received a true and correct photocopy of it from Owner.
55-CV-24-4175
Filed in District Court
State of Minnesota
6/24/2024 9:41 AM

SIGNATURES:

'Z' - r. . I
'1

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Document for Silver Lake Apartments vs Robert McCurdy

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