Preview
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
See Instructions (HOU101) for help in filling out this form.
State of Minnesota District Court
County of: Ramsey Court File Number: 62-HG-CV-
Judicial District: Second Case Type: Eviction
Plaintiff #1 (Landlord) Plaintiff #2 (Landlord)
Name: WRA 1276, LLC Name:
Address: 1256 Wilson Ave Address:
City/State/Zip St. Paul, MN 55106 City/State/Zip:
VS VS
Defendant #1 (Tenant) Defendant #2 (Tenant)
Name: Janiquia Miller Name: Jane/John Doe(s)
Address: 1276 Wilson Ave #212 Address: 1276 Wilson Ave #212
City/State/Zip: St. Paul, MN 55106 City/State/Zip: St. Paul, MN 55106
EVICTION ACTION COMPLAINT (HOU102)
Minn. Stat. § 504B.321
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 the box if the leased or rental property qualifies as public housing as term is used in
Minn. Stat. § 504B.268.
Check the 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:
HUD
Check the box if there are more than two plaintiffs or more than two defendants. List the
information for the other parties on the Additional Litigants Form, HOU125
1. Rental Agreement (Lease)
Landlord leased or rented the property located at:
Address: 1276 Wilson Ave
Apartment #: 212
City, State, Zip: St. Paul, MN 55106
Eviction Action Complaint
HOU102 State ENG Rev 1/24 - D www.mncourts.gov/forms Page 1 of 4
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
County: Ramsey
Includes a garage Does not include a garage
The agreement for the property, beginning from April, 2024 (date), and
ending March, 2025 (date), is an ORAL or WRITTEN
agreement and is for: (Check all that apply)
Payment of Rent. The current due and payable under this agreement each month
is $ 950.00 due on the 1 day of the month.
Exchange of Services. The agreement for exchange of services was: (explain in
detail)
Important! If there is a written agreement (lease), you must include the written
lease, or most recent written lease in existence, and any relevant lease
addenda, with this Complaint.
2. Notice of Right of Possession by Landlord for Residential Leases
Landlord having present right of possession of the residential property, has followed Minn.
Stat. § 504B.181 by: (You must check either A and B, or C)
a. Informing the Tenant, either in the rental agreement or otherwise, before the
beginning of the tenancy, the name and address of:
• The person authorized to manage the property; AND
• A landlord or agent authorize by the landlord to accept service of process
and receive and give receipt for notices and demands; AND
b. Posting in an obvious place on the property a printed or typewritten notice that
includes the information above. Explain where the notice is posted:
Inside front vestibule, and inside management office
OR
c The Tenant knew of the name and address of the person authorized to manage the
property and accept and give receipt for notices and demands, at least 30 days
before the filing of this action, because:
3. Grounds for Eviction
Landlord seeks to have the Tenant evicted for the following reasons: (Check all that apply)
Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 2 of 4
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
a. The Tenant is still in possession of the premises and has failed to pay rent for the
month(s) of May & June, 2024 in the amount of
$ 950.00 per month, payable on the 1
day of each month, for a total due of $ 1478.80 .
For Residential Leases Only: A written notice pursuant to Minn. Stat.§ 504B.321
subd. 1(a) was served on Tenant 6/3/24 (date), which was at
least 14 days before filing this eviction complaint. The written notice is attached.
b. The Tenant failed to vacate the property after written notice was given:
(check all that apply)
Landlord gave written notice to Tenant on (date)
to vacate the property by (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.
Tenant gave written notice to Landlord on (date)
that they would vacate the property by (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.
c. The Tenant has broken the terms of the rental agreement by the following: (Explain,
in detail)
• The specific clause of the agreement that was violated;
• The dates and description of what happened that violated the agreement; and
• Which section of the agreement gives the landlord the right to evict tenant for
breaking the terms of the rental agreement.
d. The Tenant has breached the covenants at stated in Minn. Stat. §504B.171 by:
(Explain, in detail, what happened including dates.)
e. The Tenant defaulted on the mortgage, and the property has been sold at a Sheriff's
sale. The Redemption period has expired, and Plaintiff is entitled to possession.
f. The Tenant defaulted on a Contract for Deed and is holding over after proper
cancellation of the contract.
Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 3 of 4
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
4. The Landlord seeks judgment against the above Tenants for restitution of said premises plus
costs and disbursements.
5. Tenant #1 date of birth / Unknown;
Tenant #2 date of birth / Unknown;
If a tenant is a business, leave this section blank for that tenant.
6. Military status for Tenant:
Tenant # 1 is in the military service is not in the military service Unknown
Tenant # 2 is in the military service is not in the military service Unknown
If a tenant is a business, leave this section blank for that tenant.
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Dated: 06/23/2024 /s/ Morgan Okney
Signature
Ramsey, MN Name: Morgan Okney Lic. 397615
County and State where signed
Address: 2350 7th St. W
City/State/Zip: St. Paul, MN 551116
Phone: 651-379-2310
Email: morgan@okneylaw.com
Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 4 of 4
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
Creditor: WRA 1276, LLC
By signing this form, you acknowledge that you understand:
1. As the attorney for the above referenced creditor, we are a debt collector
attempting to collect a debt.
2. Any information obtained will be used for that purpose.
3. You may dispute the validity of this debt, in writing, within thirty days
(30) of your receipt of this notice.
4. If you fail to dispute this debt, in writing, within thirty days (30) of your
receipt of this notice, we will assume the validity of the debt.
5. If you lodge a written dispute of the debt within thirty-days (30) of your
receipt of this notice, then we will obtain verification of the debt or a
copy of the creditor’s judgment against you, and we will mail you a copy.
6. Within 30-days (30) of your receipt of this notice, you may request the
name and address of the original creditor (if different from the current
creditor), and we will furnish such information to you in writing.
X___________________________ Date:__________________________
Janiquia Miller
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
Resident Ledger 6/23/2024 11:54 AM
Date: 06/23/2024
Code t0029796 Property 507 Lease From 04/19/2024
Name JANIQUIA MILLER Unit 212 Lease To 04/30/2025
Address 1276 Wilson Ave Apt 212 Status Current Move In 04/19/2024
Rent 950.00 Move Out
City Saint Paul, MN 55106 Phone (H) (651) 283-7597 Phone (W)
Date Chg Code Description Charge Payment Balance Chg/Rec
04/04/2024 app Application Fee 50.00 50.00 1389680
04/04/2024 secdep Security Deposit 950.00 1,000.00 1389681
04/19/2024 rent Rent for 12 days 380.00 1,380.00 1394382
04/19/2024 chk# 40196007985982 :CHECKscan Payment 380.00 1,000.00 825163
04/29/2024 chk# 133773 :CHECKscan Payment 1,000.00 0.00 826812
05/01/2024 rentins Renters Insurance LVF 35.00 35.00 1412389
05/01/2024 rent Tenant Rent (05/2024) 950.00 985.00 1415383
05/02/2024 chk# 1092 46028804 :CHECKscan Payment 500.00 485.00 835817
05/30/2024 chk# 10924602881 450.00 35.00 845205
06/01/2024 rentins Renters Insurance LVF 35.00 70.00 1448778
06/01/2024 rent Tenant Rent (06/2024) 950.00 1,020.00 1451828
06/02/2024 late Late Fees 06/24 Late Fee, 8% of $985.00 78.80 1,098.80 1459491
06/17/2024 legal Court and Legal Fees 380.00 1,478.80 1464177
1/1
62-HG-CV-24-1751
Filed in District Court
ill
State of Minnesota
6/23/2024 11:54 AM
14-DAY NOTICE OF INTENT TO EVICT FOR NONPAYMENT
Dearglflfllqnia Millie! ,
'I'heamountdueasof l0 3'3" .20 isllJ DZO '05
' '
Included Wltlfl this letter is a copy of your ledger dated L0 ,3 QM , 20 .This
that the Landlord may seek in a
ledger does not include the following upcoming charges
future legal action if they are not paid as required:
E QCall
1) Rent of it I
.00 per month;
a. Pet Rent of $ .00 per month;
b. Rent of 35 .00 per month; and
Garage
Storage Room Rent of 3
c. .00
2) Late Fees of up to $ ._ per montli; and
Fee + $75.00 Service + $75.00 Conciliation
3) Legal/ Court Costs of: $305.00 Filing
Court Filing Fee: $455.00.
Should this balance as stated not be paid by l 11' 197; Ll,
I 20" additional .
e the landlord is
amounts may be due and owing. By demanding the balanc currently due,
the lease, nor is the
not waiving right to collect nature amounts due and owing under
or item of the leasehold
landlord waiving any other rights available to it to secure payment
for violation of any lease obligations you owe.
or to the rental office at:
Please submit the balance due through your online rent portal
Eastside 1276 Apartments
1256 Wilson Ave.
St. Paul, W 55106
Attn: Community Manager
to an aid
If you have not paid the balance provided proof of a guarantee pay by
agency, or vacated the property by
'
('4; l 1{EuL . 20 . you may face
e the amount of rent owed nor
eviction action. Abandonment of the property will not reduc
in civil court.
will it bar the property owner from seeking a money judgment
You have the right to seek legal help. If you can't afford a lawyer, free legal help may
to know your rights and fmd
be available. Contact Legal Aid or visit mvw,LawHelpMN.Qrg
your local Legal Aid office.
services
office,
To apply for financial help, contact your local county or Tribal social
or call the United Way tollfree inform ation line by
apply online at MNBenefits.mn.gov
9.
dialing 214 or 800643770
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
the total amount due or
Your landlord can file an eviction case if you do not pay ion notice
e local governments may have an evict
move out Within 14 days of this notice. Som
14 days.
period longer than
eviction under the laws of your
You may be eligible for temporary protection from
the steps you should take
tribal area, or under Federal law. Learn
State, territory, locality, or
counselor at BOO5694287.
now: Visit macfpbgovleyiction; Or call housing
a
Inspecg'on otice
' '
Today is W Q'Ll This is official notice of Eastside 1276 Aparnnents's
.
ed. The inspection will occur on
intent to inspect the unit for any repairs need
l9
'
lb 9Q at l2 'QQO h insp . The ection will be cond
documented
ucted
ent and/ or main tenance staff. Any repair issues will be
by building managem
and promptly addressed.
the Community Manager for Eastside
Should you have any questions, please contact
1276 Apartments at (651) 7716672; or Manager@eastside1276.com.
Sincerely,
Community Manager
Eastside 12.76 Apartments
Date: LO
'
gaq
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
Resident Ledger
Date: 06/03/2024
507 Lease From 04/ 19 / 2024
Code t0029796 Property
U nit 212 Lease To 04/30/2025
Name JANIQUIA MILLER
Status Current Move In 04/19/2024
Address 1276 Wilson Ave Apt 212
Rent 950.00 [Move Out
Saint Pauf, MN 55106 Phone (H) (651) 283-7597 Fhone (W)
City
Charge PéVifienfi' Balance CHE/Ré'c
Date Chg Code Description
50.00 50.00 1389680
app Application Fee
04/04/2024 1,000.00 138968
950.00
04/04/2024 secdep Security Deposit
380.00 1,380.00 1394382
04/19/2024 rent Rent for 12 days
380.00 1,000.00 825163
04/19/2024 chk# 40196007985982 :CHECKscan Payment
1,000.00 0.00 826812
04/29/2024 chk# 133773 :CHECKscan Payment
35.00 35.00 1412389
05/01/2024 rentins Renters insurance LVF
950.00 985.00 1415383
05/01/2024 rent Tenant Rent (05/2024)
500.00 485 .00 835817
Chkfi 1092 46028804 :CHEC Kscan Payme nt
05/02/2024 450.00 35.00 845205
05/30/2024 chk# 10924602881
35.00 70.00 1448778
rentins Renters Insurance LVF
06/01/2024 1,020.00 1451828
950.00
06/01/2024 rent Tenant Rent (06/2024)
1/1
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
APARTMENT LEASE CONTRACT
MIAMI
"AllOlulAi'Alllfillll
lucit'xWnl n-
Date of Lease Contract: April 19 , 2024
This is a binding dammerrt. Read carefully before signing.
{when the Lease Contract is filled out)
Moving In
General Information
1. PARTIES. This Lease Contract {sometimes referred to as the 3. LEASE TERM. The Initial term of the Lease Contract begins on
"lease") is between you, the resident[s) (ist all people signing the the 19th day of April 2024 and ends
at 11:59 pm the 3151: dayof March 2025
Lease Contract):
This Lease Contract will automatically renew ntonth-to-inonth
JANIQUIA MILLER unless either party gives at least 60 days written notice of
termination or intent to moveout as required by paragraph 51
(Move-Out Notice). if the number of days isn't filled in, at least
30 days notice is required. At least 15 days before this lease
automatically renews, we will send you notice of automatic
renewal as required by statute.
4. RENT AND CHARGES. Unless the parties agree in writing
otherwise, you will payS...M_ per month for rent,
payable in advance and without demand:
at the on-site manager's office, or
at our onliue payment site, or
a at Electronic Money _Order Location
(mum: of apartment community Ol' title holder). You've agreed to Disclosure is also made that you will be responsible for payment
rent Apartment No. at 212 127 6 of the following nonvoptional fees:
Wilson Ave .
[street address) in
st. Paui (city),
Mmamaummww
Minnesota, 55106 [zip code) [the "apartment"
or the "premises") for use as a private residence only. The terms
"you" and "your" refer to all residents listed above. The terms
"we," "us," and "our" refer to the owner listed above [or any of
owner's successors' in interest or assigns}. Written or electronic
notice to or from oua' managers constitutes notice to or from us. If
anyone else has guaranteed performance of this Lease Contract. a
separate Lease Contract Guaraltty For eacli guarantor is attached.
As such, the Total Monthly Payment will be $
The person authorized to manage the apartment is:
KEG Prorated rent of$ "QM. is due for the remainder of [check
one]: lst month or D 2nd month, on
Name
. Any additional expenses attributable to the online
7800 Metro Parkway, Suite 300
paymeiit of rent will be disclosed to you by us.
If the lease term ends on a date before the last day of the final
Street Address
month. the amount of rent to be paid fOl' the final montli owed will
Bloominqton, MN 55425 be prorated at the average daily rate for' that month.
City, State, Zip Code Prorated rent of$ 950 . 00 is due for' the remainder of last
The owner or agent authorized to accept service of process and month, if applicable, 011
receive and give receipts for notices is:
Otherwise. you must pay your rent on or before the lst day of
NRA1276 , LLC eaclt montli (due date} with no grace period. Cash is unacceptable
Name without our prior written permission. Unless authorized
1276 Wilson by Minnesota law, you agree that reiit will not be offset or
withheld. We may at our option, and upon advance notice to
Street Address you, require at any time that you pay all rent and other sums in
cash, certified or cashier's check. money order, or one monthly
Saint. Paul, MN, 55106 check rather than multiple checks. At our discretion, we may
City, State, Zip Code convert any and all checks via the Automated Clearing House
[ACH] system fai' the purposes of collecting payment. Rent is
2. OCCUPAN'I'S. The apartment: will be occupied only by you and
not considered accepted if the payment/ACE! ls rejected, does
(list all other occupants notsigniirq the Lease Contract): not clean or' is stopped for any reason. if you don't pay all rent
on orbefore the'_2_l.'l_§_ day of the month, you'll pay a late
charge. Your' late charge will be (check one): C] a flat rate of
$ 76 0° orD 3 % of your total rent due. Tile
total amount of your late charges shall not exceed eight percent
[8%) of your monthly rent payment. You'll also pay a charge of
$ 35.00 for each returned check or rejected electronic
payment, plus a late charge. If you don't pay rent on time. you'll
be delinquent and all remedies undex' this Lease Contract will be
authorized. All payment obligations under this Lease Contract
shall constitute rent under this Lease Contract.
5. SECURITY DEPOSIT. Unless the parties otherwise agree in a
separate addendum document, the total security deposit at the
No one else may occupy the apartment. Persons not llsted above time of execution of this Lease Contract for all residents in the
must not stay in the apartment for mine than _____ 950.00 due on 01' before the date this
apartmelit is
consecutive days without our prior written consent, and no more Lease Contract is signed.
than twice that many days in anyone month. if the previous space
isn't filled in, two days per month is the limit.
Page 1 of8
it) 2024, National ApartmentAssnclation. Inc. 2/2024, Minnesota
-
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
In compliance with Minnesota law, your security deposit theft, hurricane, negligence of other residents, occupants, or
will beal' simple interest. Interest will be included as part f invited/uninvited guests or vandalism unless otherwise required
the ecurity deposit. Within 21 days after termination of your bylaw.
residency and receipt of your mailing address or written delivery In addition, we urge all residents, and particularly those residing
instructions, we will return the deposit to you, with interest, or in coastal areas, areas near rivers, and areas prone to flooding. to
furnish to you a written statement specifying the reasons for the obtalll f lo 0d insurance. Re nter's insure nce may not cover damage
withholding of the depOSit or any portion thereof. Yoll may not to your property due to fiooding.A flood insurance resource which
withhold payment of any portion of any rent on the grounds that
may be available includes the National Flood insurance Program
the security deposit should serve as payment of the rent.
managed by the Federal Emergency Management Agency (FEMA).
6. KEYS. You will be provided __,.,.._ apartment key{s), We require Cl do not require you to get your own insurance
mailbox key(s], _ FOB(s], and/or_____,___ other access for losses to your personal property or iniuries due to theft. fire,
device(s] for' access to the buildingand amenities at no additional water damage, pipe leaks and the like. if no box is checked, renter's
cost at move-in. if the key, FOB, or other access device is lost or insurance is not required.
becomes damaged during your tenancy or is not returned or is
Additionally you are {check one] Cl required to purchase
returned damaged when you move out, you will be responsible fol' not required to purchase
personal liability insurance
the costs for the replacement and /or repair of the some.
personal liability insurance. if no box is checked, personal
7. UTILITIES. We'll pay for the following items, if checked:
liability insurance is not required. if required, failure to maintain
personal liability insurance throughout your tenancy including
8] water gas CI electricity [3 masterantenna
any renewal periods and/or lease extensions. Is an incurable
wastewater trash CI cable TV breach of this Lease Contract and may result in the termination
D other of tenancy and eviction and/or any other remedies as provided by
You'll pay for all othet' utilities, related deposits, and any charges, this Lease Contract or state law.
fees, or services on sucii utilities,You must not allow utilities to be
(iisconuectedincludingdisconnection fornot payingyourbllls LOCI{S AND LATCHES. Keyed lock[s) will be rekeyed after the
until the lease term OI' renewal period ends. Cable channels that prim' resident moves out. The rekeying will be done before you
are provided may be changed during the lease term if the change move into your apartment.
applies to all residents. Utilities may be used only For normal You may at any time ask us to change or rekey locks or latches
household purposes and must not be wasted. If your electricity during the Lease Term. We must comply with those requests, but
is ever interrupted, you must use only battery-operated lighting.
you must pay for them, unless otherwise provided by law.
lfany utilities are submetered fol' the apartmelit, or prorated by
an allocation formula. we will attach an addendu1n to this Lease Paymentfor' Rekeying, Repairs. Etc. You must pay forall repairs
Contract in compliance with state agency rules or city ordinance. or replacements to devices arising from the willful, malicious, or
i'ursuant to Minnesota Statute 5048.215 Subd. 2a. upon your irresponsible conduct by you or your occupants, or guests during
request, we shall provide a copy of the actual utility bill for the your occupancy. You may be required to pay in advance if we
community along with eacli apportioned utility hill. notify you within a reasonable time aftei' your request that you
are more than 30 days delinquent in reimbursing us for repairing
8, lNSlIRANCE. We do not maintaiii insurance to cover your" or replacing a device whicli was misused Ol' damaged by you, your
personal property or personal injury, We are not responsible to guest or an occupaiit: or if you have requested that we repah' or
any resident, guest, or occupant for damage or loss of personal change or rekey the same device during the 30 days preceding
property or personal injury from (including but not limited your request and we have complied with your request. Otherwise.
to] fire, smoke, rain, flood, water and pipe leaks, hall, ice, snow, you must pay immediately aftel' the work is completed.
lightning, wind, explosions, earthquake, interruption of utilities,
Special Provisions and "What If" Clauses
10. SPECIAL PROVISIONS. The following special provisions and any 12. REIMBURSEMENT. We agree to make the premises and all
addenda or written rules furnished to you at or before signing common areas fit for the use intended by the parties and to keep
' '*'
will become a part of this Lease Contract and will supersede any the Pl in a . repair during the term of this Lease
conflicting provisions ofthls printed lease form. Contract. However, you must promptly reimburse us for repairs
due to the willful. malicious, or irresponsible conduct by you or
See Additional Special Provisions
your guests or occupants. We may require payment at any time,
including advance payment of repairs for which you're liable.
Delay in demanding sums you owe is not a waiver.
13. PROPERTY LEFT iN APARTMENT. Under Minnesota law,
we may remove and/or store all property remaining in the
See any additional special provisions.
apartment or in common areas (including any vehicles you or
any occupant or guest owns or uses) if you are ludicially evicted
11. EARLY MOVIE-OUT. You'll be liable to us foi' a reletting charge of or if you surrender or abandon the apartment (see definitions in
S (not to exceed 100% ofthe highest monthly rent
paragrapli 56 [Deposit Return,Surrendei-, and Abandonment".
_, _
during the lease tern!) if you: We will store and care for property removed undet' this section.
(1) fall to give written move-out notice as required in paragraph We may sell or otherwise dispose of the property 28 days after you
51 (Move-Out Notice); or have abandoned the apartmelit. and we may apply the proceeds
(2) move out without paying rent in full for the entire lease term ofsuch sale to the removal, care and storage costs and expenses
or renewal period; or according to state statute. You will be notified of the sale at least
(3) move out at our demalid because of your default. 14 days prior to the sale by personal service or written notice sent
to your last know] address by certified mail.
The reletting cinema is not a cancellation fee and does not release
you from your' obligations under this Lease Contract. 14. FAILING TO PAY FIRST MONTH'S RENT. If you don't pay the
Not a Release. The reletting charge is not a lease cancellatioii fee first month's rent when or before the Lease Contract begins, and
or buyout fee. it is an agreed-to liquidated amount covering only subject to our duty to mitigate our damages, we may end your
part of our damages; that is, our time, effort, and expense in finding right of occupancy and recover damages, future rent. reletting
and processing a replacement. These damages are uncertain and charges, attorney's fees, court costs, and other lawful charges.
difficult to ascertain«particularly those relating to inconvenience, Our rights and remedies undei' paragraphs 11 [Early Move-Out}
paperwork, advertising, showing apartments, utilities for showing. and 34 (Default by Resident) apply to acceleration under this
checking prospects, office overhead, marketing costs, and heater- paragraph.
service fees. You agree that the relettlng charge is a reasonable
estimate of such damages and that the charge is due whether or not 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent
our reietting attempts succeed, lfno amountis stipulated, you must increases or Lease Contract changes are allowed before the
pay our actual reietting costs so fal' as they can be determined. The initial Lease Contract term ends, except for changes allowed by
reletting charge does not release you from continued liability for: any special provisions in paragrapli 10 (Special Provisions), by
future or past~due rent; charges for cleaning, repairing, repainting, a written addendum or amendment signed by you and us, or by
or unreturued keys; or other- sums due. reasonable changes of apartment rules allowed under paragraph
© 2024, National Apartment Association, Inc. 2/2024, Mlnnesote
- Page 2 ot'll
62-HG-CV-24-1751
Filed in District Court
State of Minnesota
6/23/2024 11:54 AM
19 {Community Policies or Rules]. If. at least 5 days before the (2] If we give written notice to any of you before the initial term
advance notice deadline referred to in paragraph 3 {Lease 'l'erni), as set forth in Paragrapli 3 (Lease Term) and the notice states
we give you written notice of rent increases 01' lease changes that construction delay is expected and that the apartment
effective when the lease term or renewal period ends, this Lease will be ready for you to occupy on a specific date, you may
Contract will automatically continue month-to-month with the terminate your tenancy within 7 days after' any of you
increased rent or lease changes. Tile new modified Lease Contract receives written notice, but not latci'. Tlie readiness date is
will begin on the date stated in the notice (without necessity of considered the new initial term as set forth in Paragraph
3 (Lease Term] for all purposes. This neiv date may not be
your signature] unless you give us written move- out notice under
paragraph 51 [Move-Out Notice]. moved to an earlier date unless we and you agree.
16. DELAY 0F OCCUPANCY. lf occupancy is or will be delayed for 17. AD VAL
Preview
62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM See Instructions (HOU101) for help in filling out this form. State of Minnesota District Court County of: Ramsey Court File Number: 62-HG-CV- Judicial District: Second Case Type: Eviction Plaintiff #1 (Landlord) Plaintiff #2 (Landlord) Name: WRA 1276, LLC Name: Address: 1256 Wilson Ave Address: City/State/Zip St. Paul, MN 55106 City/State/Zip: VS VS Defendant #1 (Tenant) Defendant #2 (Tenant) Name: Janiquia Miller Name: Jane/John Doe(s) Address: 1276 Wilson Ave #212 Address: 1276 Wilson Ave #212 City/State/Zip: St. Paul, MN 55106 City/State/Zip: St. Paul, MN 55106 EVICTION ACTION COMPLAINT (HOU102) Minn. Stat. § 504B.321 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 the box if the leased or rental property qualifies as public housing as term is used in Minn. Stat. § 504B.268. Check the 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: HUD Check the box if there are more than two plaintiffs or more than two defendants. List the information for the other parties on the Additional Litigants Form, HOU125 1. Rental Agreement (Lease) Landlord leased or rented the property located at: Address: 1276 Wilson Ave Apartment #: 212 City, State, Zip: St. Paul, MN 55106 Eviction Action Complaint HOU102 State ENG Rev 1/24 - D www.mncourts.gov/forms Page 1 of 4 62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM County: Ramsey Includes a garage Does not include a garage The agreement for the property, beginning from April, 2024 (date), and ending March, 2025 (date), is an ORAL or WRITTEN agreement and is for: (Check all that apply) Payment of Rent. The current due and payable under this agreement each month is $ 950.00 due on the 1 day of the month. Exchange of Services. The agreement for exchange of services was: (explain in detail) Important! If there is a written agreement (lease), you must include the written lease, or most recent written lease in existence, and any relevant lease addenda, with this Complaint. 2. Notice of Right of Possession by Landlord for Residential Leases Landlord having present right of possession of the residential property, has followed Minn. Stat. § 504B.181 by: (You must check either A and B, or C) a. Informing the Tenant, either in the rental agreement or otherwise, before the beginning of the tenancy, the name and address of: • The person authorized to manage the property; AND • A landlord or agent authorize by the landlord to accept service of process and receive and give receipt for notices and demands; AND b. Posting in an obvious place on the property a printed or typewritten notice that includes the information above. Explain where the notice is posted: Inside front vestibule, and inside management office OR c The Tenant knew of the name and address of the person authorized to manage the property and accept and give receipt for notices and demands, at least 30 days before the filing of this action, because: 3. Grounds for Eviction Landlord seeks to have the Tenant evicted for the following reasons: (Check all that apply) Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 2 of 4 62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM a. The Tenant is still in possession of the premises and has failed to pay rent for the month(s) of May & June, 2024 in the amount of $ 950.00 per month, payable on the 1 day of each month, for a total due of $ 1478.80 . For Residential Leases Only: A written notice pursuant to Minn. Stat.§ 504B.321 subd. 1(a) was served on Tenant 6/3/24 (date), which was at least 14 days before filing this eviction complaint. The written notice is attached. b. The Tenant failed to vacate the property after written notice was given: (check all that apply) Landlord gave written notice to Tenant on (date) to vacate the property by (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate. Tenant gave written notice to Landlord on (date) that they would vacate the property by (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate. c. The Tenant has broken the terms of the rental agreement by the following: (Explain, in detail) • The specific clause of the agreement that was violated; • The dates and description of what happened that violated the agreement; and • Which section of the agreement gives the landlord the right to evict tenant for breaking the terms of the rental agreement. d. The Tenant has breached the covenants at stated in Minn. Stat. §504B.171 by: (Explain, in detail, what happened including dates.) e. The Tenant defaulted on the mortgage, and the property has been sold at a Sheriff's sale. The Redemption period has expired, and Plaintiff is entitled to possession. f. The Tenant defaulted on a Contract for Deed and is holding over after proper cancellation of the contract. Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 3 of 4 62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM 4. The Landlord seeks judgment against the above Tenants for restitution of said premises plus costs and disbursements. 5. Tenant #1 date of birth / Unknown; Tenant #2 date of birth / Unknown; If a tenant is a business, leave this section blank for that tenant. 6. Military status for Tenant: Tenant # 1 is in the military service is not in the military service Unknown Tenant # 2 is in the military service is not in the military service Unknown If a tenant is a business, leave this section blank for that tenant. /ĚĞĐůĂƌĞƵŶĚĞƌƉĞŶĂůƚLJŽĨƉĞƌũƵƌLJƚŚĂƚĞǀĞƌLJƚŚŝŶŐƚŚĂƚ/ŚĂǀĞƐƚĂƚĞĚŝŶƚŚŝƐĚŽĐƵŵĞŶƚŝƐ ƚƌƵĞĂŶĚĐŽƌƌĞĐƚƚŽƚŚĞďĞƐƚŽĨŵLJŬŶŽǁůĞĚŐĞ͕ŝƐŶŽƚŝŶƚĞŶĚĞĚĨŽƌĂŶŝŵƉƌŽƉĞƌƉƵƌƉŽƐĞ͕ŝƐ ǁĂƌƌĂŶƚĞĚďLJĐƵƌƌĞŶƚůĂǁ͕ĂŶĚŝƐĨƌĞĞŽĨƌĞƐƚƌŝĐƚĞĚŝĚĞŶƚŝĨŝĞƌƐ͘DŝŶŶ͘^ƚĂƚ͘Αϯϱϴ͘ϭϭϲ͖DŝŶŶ͘ Z͘ŝǀ͘W͘ϭϭ͖DŝŶŶ͘Z͘'ĞŶ͘WƌĂĐ͘ϭϭ͘ Dated: 06/23/2024 /s/ Morgan Okney Signature Ramsey, MN Name: Morgan Okney Lic. 397615 County and State where signed Address: 2350 7th St. W City/State/Zip: St. Paul, MN 551116 Phone: 651-379-2310 Email: morgan@okneylaw.com Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 4 of 4 62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM Creditor: WRA 1276, LLC By signing this form, you acknowledge that you understand: 1. As the attorney for the above referenced creditor, we are a debt collector attempting to collect a debt. 2. Any information obtained will be used for that purpose. 3. You may dispute the validity of this debt, in writing, within thirty days (30) of your receipt of this notice. 4. If you fail to dispute this debt, in writing, within thirty days (30) of your receipt of this notice, we will assume the validity of the debt. 5. If you lodge a written dispute of the debt within thirty-days (30) of your receipt of this notice, then we will obtain verification of the debt or a copy of the creditor’s judgment against you, and we will mail you a copy. 6. Within 30-days (30) of your receipt of this notice, you may request the name and address of the original creditor (if different from the current creditor), and we will furnish such information to you in writing. X___________________________ Date:__________________________ Janiquia Miller 62-HG-CV-24-1751 Filed in District Court State of Minnesota Resident Ledger 6/23/2024 11:54 AM Date: 06/23/2024 Code t0029796 Property 507 Lease From 04/19/2024 Name JANIQUIA MILLER Unit 212 Lease To 04/30/2025 Address 1276 Wilson Ave Apt 212 Status Current Move In 04/19/2024 Rent 950.00 Move Out City Saint Paul, MN 55106 Phone (H) (651) 283-7597 Phone (W) Date Chg Code Description Charge Payment Balance Chg/Rec 04/04/2024 app Application Fee 50.00 50.00 1389680 04/04/2024 secdep Security Deposit 950.00 1,000.00 1389681 04/19/2024 rent Rent for 12 days 380.00 1,380.00 1394382 04/19/2024 chk# 40196007985982 :CHECKscan Payment 380.00 1,000.00 825163 04/29/2024 chk# 133773 :CHECKscan Payment 1,000.00 0.00 826812 05/01/2024 rentins Renters Insurance LVF 35.00 35.00 1412389 05/01/2024 rent Tenant Rent (05/2024) 950.00 985.00 1415383 05/02/2024 chk# 1092 46028804 :CHECKscan Payment 500.00 485.00 835817 05/30/2024 chk# 10924602881 450.00 35.00 845205 06/01/2024 rentins Renters Insurance LVF 35.00 70.00 1448778 06/01/2024 rent Tenant Rent (06/2024) 950.00 1,020.00 1451828 06/02/2024 late Late Fees 06/24 Late Fee, 8% of $985.00 78.80 1,098.80 1459491 06/17/2024 legal Court and Legal Fees 380.00 1,478.80 1464177 1/1 62-HG-CV-24-1751 Filed in District Court ill State of Minnesota 6/23/2024 11:54 AM 14-DAY NOTICE OF INTENT TO EVICT FOR NONPAYMENT Dearglflfllqnia Millie! , 'I'heamountdueasof l0 3'3" .20 isllJ DZO '05 ' ' Included Wltlfl this letter is a copy of your ledger dated L0 ,3 QM , 20 .This that the Landlord may seek in a ledger does not include the following upcoming charges future legal action if they are not paid as required: E QCall 1) Rent of it I .00 per month; a. Pet Rent of $ .00 per month; b. Rent of 35 .00 per month; and Garage Storage Room Rent of 3 c. .00 2) Late Fees of up to $ ._ per montli; and Fee + $75.00 Service + $75.00 Conciliation 3) Legal/ Court Costs of: $305.00 Filing Court Filing Fee: $455.00. Should this balance as stated not be paid by l 11' 197; Ll, I 20" additional . e the landlord is amounts may be due and owing. By demanding the balanc currently due, the lease, nor is the not waiving right to collect nature amounts due and owing under or item of the leasehold landlord waiving any other rights available to it to secure payment for violation of any lease obligations you owe. or to the rental office at: Please submit the balance due through your online rent portal Eastside 1276 Apartments 1256 Wilson Ave. St. Paul, W 55106 Attn: Community Manager to an aid If you have not paid the balance provided proof of a guarantee pay by agency, or vacated the property by ' ('4; l 1{EuL . 20 . you may face e the amount of rent owed nor eviction action. Abandonment of the property will not reduc in civil court. will it bar the property owner from seeking a money judgment You have the right to seek legal help. If you can't afford a lawyer, free legal help may to know your rights and fmd be available. Contact Legal Aid or visit mvw,LawHelpMN.Qrg your local Legal Aid office. services office, To apply for financial help, contact your local county or Tribal social or call the United Way tollfree inform ation line by apply online at MNBenefits.mn.gov 9. dialing 214 or 800643770 62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM the total amount due or Your landlord can file an eviction case if you do not pay ion notice e local governments may have an evict move out Within 14 days of this notice. Som 14 days. period longer than eviction under the laws of your You may be eligible for temporary protection from the steps you should take tribal area, or under Federal law. Learn State, territory, locality, or counselor at BOO5694287. now: Visit macfpbgovleyiction; Or call housing a Inspecg'on otice ' ' Today is W Q'Ll This is official notice of Eastside 1276 Aparnnents's . ed. The inspection will occur on intent to inspect the unit for any repairs need l9 ' lb 9Q at l2 'QQO h insp . The ection will be cond documented ucted ent and/ or main tenance staff. Any repair issues will be by building managem and promptly addressed. the Community Manager for Eastside Should you have any questions, please contact 1276 Apartments at (651) 7716672; or Manager@eastside1276.com. Sincerely, Community Manager Eastside 12.76 Apartments Date: LO ' gaq 62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM Resident Ledger Date: 06/03/2024 507 Lease From 04/ 19 / 2024 Code t0029796 Property U nit 212 Lease To 04/30/2025 Name JANIQUIA MILLER Status Current Move In 04/19/2024 Address 1276 Wilson Ave Apt 212 Rent 950.00 [Move Out Saint Pauf, MN 55106 Phone (H) (651) 283-7597 Fhone (W) City Charge PéVifienfi' Balance CHE/Ré'c Date Chg Code Description 50.00 50.00 1389680 app Application Fee 04/04/2024 1,000.00 138968 950.00 04/04/2024 secdep Security Deposit 380.00 1,380.00 1394382 04/19/2024 rent Rent for 12 days 380.00 1,000.00 825163 04/19/2024 chk# 40196007985982 :CHECKscan Payment 1,000.00 0.00 826812 04/29/2024 chk# 133773 :CHECKscan Payment 35.00 35.00 1412389 05/01/2024 rentins Renters insurance LVF 950.00 985.00 1415383 05/01/2024 rent Tenant Rent (05/2024) 500.00 485 .00 835817 Chkfi 1092 46028804 :CHEC Kscan Payme nt 05/02/2024 450.00 35.00 845205 05/30/2024 chk# 10924602881 35.00 70.00 1448778 rentins Renters Insurance LVF 06/01/2024 1,020.00 1451828 950.00 06/01/2024 rent Tenant Rent (06/2024) 1/1 62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM APARTMENT LEASE CONTRACT MIAMI "AllOlulAi'Alllfillll lucit'xWnl n- Date of Lease Contract: April 19 , 2024 This is a binding dammerrt. Read carefully before signing. {when the Lease Contract is filled out) Moving In General Information 1. PARTIES. This Lease Contract {sometimes referred to as the 3. LEASE TERM. The Initial term of the Lease Contract begins on "lease") is between you, the resident[s) (ist all people signing the the 19th day of April 2024 and ends at 11:59 pm the 3151: dayof March 2025 Lease Contract): This Lease Contract will automatically renew ntonth-to-inonth JANIQUIA MILLER unless either party gives at least 60 days written notice of termination or intent to moveout as required by paragraph 51 (Move-Out Notice). if the number of days isn't filled in, at least 30 days notice is required. At least 15 days before this lease automatically renews, we will send you notice of automatic renewal as required by statute. 4. RENT AND CHARGES. Unless the parties agree in writing otherwise, you will payS...M_ per month for rent, payable in advance and without demand: at the on-site manager's office, or at our onliue payment site, or a at Electronic Money _Order Location (mum: of apartment community Ol' title holder). You've agreed to Disclosure is also made that you will be responsible for payment rent Apartment No. at 212 127 6 of the following nonvoptional fees: Wilson Ave . [street address) in st. Paui (city), Mmamaummww Minnesota, 55106 [zip code) [the "apartment" or the "premises") for use as a private residence only. The terms "you" and "your" refer to all residents listed above. The terms "we," "us," and "our" refer to the owner listed above [or any of owner's successors' in interest or assigns}. Written or electronic notice to or from oua' managers constitutes notice to or from us. If anyone else has guaranteed performance of this Lease Contract. a separate Lease Contract Guaraltty For eacli guarantor is attached. As such, the Total Monthly Payment will be $ The person authorized to manage the apartment is: KEG Prorated rent of$ "QM. is due for the remainder of [check one]: lst month or D 2nd month, on Name . Any additional expenses attributable to the online 7800 Metro Parkway, Suite 300 paymeiit of rent will be disclosed to you by us. If the lease term ends on a date before the last day of the final Street Address month. the amount of rent to be paid fOl' the final montli owed will Bloominqton, MN 55425 be prorated at the average daily rate for' that month. City, State, Zip Code Prorated rent of$ 950 . 00 is due for' the remainder of last The owner or agent authorized to accept service of process and month, if applicable, 011 receive and give receipts for notices is: Otherwise. you must pay your rent on or before the lst day of NRA1276 , LLC eaclt montli (due date} with no grace period. Cash is unacceptable Name without our prior written permission. Unless authorized 1276 Wilson by Minnesota law, you agree that reiit will not be offset or withheld. We may at our option, and upon advance notice to Street Address you, require at any time that you pay all rent and other sums in cash, certified or cashier's check. money order, or one monthly Saint. Paul, MN, 55106 check rather than multiple checks. At our discretion, we may City, State, Zip Code convert any and all checks via the Automated Clearing House [ACH] system fai' the purposes of collecting payment. Rent is 2. OCCUPAN'I'S. The apartment: will be occupied only by you and not considered accepted if the payment/ACE! ls rejected, does (list all other occupants notsigniirq the Lease Contract): not clean or' is stopped for any reason. if you don't pay all rent on orbefore the'_2_l.'l_§_ day of the month, you'll pay a late charge. Your' late charge will be (check one): C] a flat rate of $ 76 0° orD 3 % of your total rent due. Tile total amount of your late charges shall not exceed eight percent [8%) of your monthly rent payment. You'll also pay a charge of $ 35.00 for each returned check or rejected electronic payment, plus a late charge. If you don't pay rent on time. you'll be delinquent and all remedies undex' this Lease Contract will be authorized. All payment obligations under this Lease Contract shall constitute rent under this Lease Contract. 5. SECURITY DEPOSIT. Unless the parties otherwise agree in a separate addendum document, the total security deposit at the No one else may occupy the apartment. Persons not llsted above time of execution of this Lease Contract for all residents in the must not stay in the apartment for mine than _____ 950.00 due on 01' before the date this apartmelit is consecutive days without our prior written consent, and no more Lease Contract is signed. than twice that many days in anyone month. if the previous space isn't filled in, two days per month is the limit. Page 1 of8 it) 2024, National ApartmentAssnclation. Inc. 2/2024, Minnesota - 62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM In compliance with Minnesota law, your security deposit theft, hurricane, negligence of other residents, occupants, or will beal' simple interest. Interest will be included as part f invited/uninvited guests or vandalism unless otherwise required the ecurity deposit. Within 21 days after termination of your bylaw. residency and receipt of your mailing address or written delivery In addition, we urge all residents, and particularly those residing instructions, we will return the deposit to you, with interest, or in coastal areas, areas near rivers, and areas prone to flooding. to furnish to you a written statement specifying the reasons for the obtalll f lo 0d insurance. Re nter's insure nce may not cover damage withholding of the depOSit or any portion thereof. Yoll may not to your property due to fiooding.A flood insurance resource which withhold payment of any portion of any rent on the grounds that may be available includes the National Flood insurance Program the security deposit should serve as payment of the rent. managed by the Federal Emergency Management Agency (FEMA). 6. KEYS. You will be provided __,.,.._ apartment key{s), We require Cl do not require you to get your own insurance mailbox key(s], _ FOB(s], and/or_____,___ other access for losses to your personal property or iniuries due to theft. fire, device(s] for' access to the buildingand amenities at no additional water damage, pipe leaks and the like. if no box is checked, renter's cost at move-in. if the key, FOB, or other access device is lost or insurance is not required. becomes damaged during your tenancy or is not returned or is Additionally you are {check one] Cl required to purchase returned damaged when you move out, you will be responsible fol' not required to purchase personal liability insurance the costs for the replacement and /or repair of the some. personal liability insurance. if no box is checked, personal 7. UTILITIES. We'll pay for the following items, if checked: liability insurance is not required. if required, failure to maintain personal liability insurance throughout your tenancy including 8] water gas CI electricity [3 masterantenna any renewal periods and/or lease extensions. Is an incurable wastewater trash CI cable TV breach of this Lease Contract and may result in the termination D other of tenancy and eviction and/or any other remedies as provided by You'll pay for all othet' utilities, related deposits, and any charges, this Lease Contract or state law. fees, or services on sucii utilities,You must not allow utilities to be (iisconuectedincludingdisconnection fornot payingyourbllls LOCI{S AND LATCHES. Keyed lock[s) will be rekeyed after the until the lease term OI' renewal period ends. Cable channels that prim' resident moves out. The rekeying will be done before you are provided may be changed during the lease term if the change move into your apartment. applies to all residents. Utilities may be used only For normal You may at any time ask us to change or rekey locks or latches household purposes and must not be wasted. If your electricity during the Lease Term. We must comply with those requests, but is ever interrupted, you must use only battery-operated lighting. you must pay for them, unless otherwise provided by law. lfany utilities are submetered fol' the apartmelit, or prorated by an allocation formula. we will attach an addendu1n to this Lease Paymentfor' Rekeying, Repairs. Etc. You must pay forall repairs Contract in compliance with state agency rules or city ordinance. or replacements to devices arising from the willful, malicious, or i'ursuant to Minnesota Statute 5048.215 Subd. 2a. upon your irresponsible conduct by you or your occupants, or guests during request, we shall provide a copy of the actual utility bill for the your occupancy. You may be required to pay in advance if we community along with eacli apportioned utility hill. notify you within a reasonable time aftei' your request that you are more than 30 days delinquent in reimbursing us for repairing 8, lNSlIRANCE. We do not maintaiii insurance to cover your" or replacing a device whicli was misused Ol' damaged by you, your personal property or personal injury, We are not responsible to guest or an occupaiit: or if you have requested that we repah' or any resident, guest, or occupant for damage or loss of personal change or rekey the same device during the 30 days preceding property or personal injury from (including but not limited your request and we have complied with your request. Otherwise. to] fire, smoke, rain, flood, water and pipe leaks, hall, ice, snow, you must pay immediately aftel' the work is completed. lightning, wind, explosions, earthquake, interruption of utilities, Special Provisions and "What If" Clauses 10. SPECIAL PROVISIONS. The following special provisions and any 12. REIMBURSEMENT. We agree to make the premises and all addenda or written rules furnished to you at or before signing common areas fit for the use intended by the parties and to keep ' '*' will become a part of this Lease Contract and will supersede any the Pl in a . repair during the term of this Lease conflicting provisions ofthls printed lease form. Contract. However, you must promptly reimburse us for repairs due to the willful. malicious, or irresponsible conduct by you or See Additional Special Provisions your guests or occupants. We may require payment at any time, including advance payment of repairs for which you're liable. Delay in demanding sums you owe is not a waiver. 13. PROPERTY LEFT iN APARTMENT. Under Minnesota law, we may remove and/or store all property remaining in the See any additional special provisions. apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) if you are ludicially evicted 11. EARLY MOVIE-OUT. You'll be liable to us foi' a reletting charge of or if you surrender or abandon the apartment (see definitions in S (not to exceed 100% ofthe highest monthly rent paragrapli 56 [Deposit Return,Surrendei-, and Abandonment". _, _ during the lease tern!) if you: We will store and care for property removed undet' this section. (1) fall to give written move-out notice as required in paragraph We may sell or otherwise dispose of the property 28 days after you 51 (Move-Out Notice); or have abandoned the apartmelit. and we may apply the proceeds (2) move out without paying rent in full for the entire lease term ofsuch sale to the removal, care and storage costs and expenses or renewal period; or according to state statute. You will be notified of the sale at least (3) move out at our demalid because of your default. 14 days prior to the sale by personal service or written notice sent to your last know] address by certified mail. The reletting cinema is not a cancellation fee and does not release you from your' obligations under this Lease Contract. 14. FAILING TO PAY FIRST MONTH'S RENT. If you don't pay the Not a Release. The reletting charge is not a lease cancellatioii fee first month's rent when or before the Lease Contract begins, and or buyout fee. it is an agreed-to liquidated amount covering only subject to our duty to mitigate our damages, we may end your part of our damages; that is, our time, effort, and expense in finding right of occupancy and recover damages, future rent. reletting and processing a replacement. These damages are uncertain and charges, attorney's fees, court costs, and other lawful charges. difficult to ascertain«particularly those relating to inconvenience, Our rights and remedies undei' paragraphs 11 [Early Move-Out} paperwork, advertising, showing apartments, utilities for showing. and 34 (Default by Resident) apply to acceleration under this checking prospects, office overhead, marketing costs, and heater- paragraph. service fees. You agree that the relettlng charge is a reasonable estimate of such damages and that the charge is due whether or not 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent our reietting attempts succeed, lfno amountis stipulated, you must increases or Lease Contract changes are allowed before the pay our actual reietting costs so fal' as they can be determined. The initial Lease Contract term ends, except for changes allowed by reletting charge does not release you from continued liability for: any special provisions in paragrapli 10 (Special Provisions), by future or past~due rent; charges for cleaning, repairing, repainting, a written addendum or amendment signed by you and us, or by or unreturued keys; or other- sums due. reasonable changes of apartment rules allowed under paragraph © 2024, National Apartment Association, Inc. 2/2024, Mlnnesote - Page 2 ot'll 62-HG-CV-24-1751 Filed in District Court State of Minnesota 6/23/2024 11:54 AM 19 {Community Policies or Rules]. If. at least 5 days before the (2] If we give written notice to any of you before the initial term advance notice deadline referred to in paragraph 3 {Lease 'l'erni), as set forth in Paragrapli 3 (Lease Term) and the notice states we give you written notice of rent increases 01' lease changes that construction delay is expected and that the apartment effective when the lease term or renewal period ends, this Lease will be ready for you to occupy on a specific date, you may Contract will automatically continue month-to-month with the terminate your tenancy within 7 days after' any of you increased rent or lease changes. Tile new modified Lease Contract receives written notice, but not latci'. Tlie readiness date is will begin on the date stated in the notice (without necessity of considered the new initial term as set forth in Paragraph 3 (Lease Term] for all purposes. This neiv date may not be your signature] unless you give us written move- out notice under paragraph 51 [Move-Out Notice]. moved to an earlier date unless we and you agree. 16. DELAY 0F OCCUPANCY. lf occupancy is or will be delayed for 17. AD VAL