Preview
27-CV-HC-24-4148
Filed in District Court
State of Minnesota
6/24/2024 12:30 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
____________________________ Case Type: Eviction
HUSPP MN OX-OP, LLC
Plaintiff
v. EVICTION COMPLAINT
Nyemadi Dunbar, John Doe, Mary Roe
Defendant
_____________________________
Donald Perron, attorney for Plaintiff, states and declares as follows:
1. Plaintiff HUSPP MN OX-OP, LLC is a Limited Liability Corporation registered to do
business in the state of Minnesota, with its office address at 1111 Washington Ave. S.,
Minneapolis, MN 55415. Plaintiff is the owner of the rental premises in question.
2. Defendant(s) Nyemadi Dunbar is a/are Minnesota resident(s) who leased, by written
agreement, the premises at 1111 Washington Ave. S. Unit #707, Minneapolis, MN 55415,
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
$1,899.00 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 $2,327.84 through June 2024, plus the costs of this
action including but not limited to the costs and disbursements of this action set forth below.
The Defendant(s) is/are still in possession of the premises.
5. A detailed itemized accounting is attached hereto and made a part hereof.
27-CV-HC-24-4148
Filed in District Court
State of Minnesota
6/24/2024 12:30 AM
6. The written notice required by Minn. Stat. §504B.321 Subd. 1a and Minneapolis’
ordinance 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-24-4148
Filed in District Court
State of Minnesota
6/24/2024 12:30 AM
1111 Washington Ave | Minneapolis | MN | 55415
hello@oxopmpls.com
RESIDENTIAL LEASE
RESIDENT* (Full name of all persons who will live in the apartment, their dates of birth, cell phone, and email):
NAME D.O.B. PRIMARY PHONE EMAIL
Nyemadi Dunbar 10/05/1987 (612) 352-6949 nyemadi.dunbar@gmail.com
OWNER: OX-OP EAT LLC; MANAGER: Solhem, LLC
ADDRESS OF PREMISES: 1111 Washington Ave S #707, Minneapolis, MN 55415
DURATION OF LEASE: 12 months
STARTING DATE OF LEASE: 07/01/2021 DATE THIS LEASE ENDS (if appropriate): 06/30/2022 at Noon
NOTICE PERIOD: 59 Days
MONTHLY CHARGES:
Rent $1,595.00
Utilities $125.00
TOTAL MONTHLY RENT $1,720.00 SECURITY DEPOSIT $500.00 PET DEPOSIT
PRO-RATED RENT (if applicable): N/A LATE FEE 137.60 (8% of Total Monthly Rent)
UTILITIES PAID BY RESIDENT IN MONTHLY UTILITY FEE: Internet, Gas, Trash, Water/Sewer, Electricity
UTILITIES PAID BY RESIDENT OUTSIDE OF MONTHLY UTILITY FEE: Cable, Other
GARAGE SPACE #: STORAGE SPACE #:
VEHICLE MAKE/MODEL: LIC. PLATE #:
RENTER’S INSURANCE: Renters insurance is required, with a minimum of $100,000 in liability coverage. Proof of renters insurance is
due to MANAGEMENT seven (7) days before starting date of lease.
AUTHORIZED MANAGER: Solhem, LLC ADDRESS: 724 N 1st Street #500 Minneapolis MN 55401
An owner of the premises or an agent authorized to accept service of process and receive and give receipts for notices and demands
is: Curt Gunsbury, Solhem, LLC, 724 N 1st Street #500, Minneapolis, MN 55401
*Where appropriate single terms used in the lease include the plural and pronouns of one gender include all genders.
ADDITIONAL AGREEMENTS (if any): Attached are Addenda which are made part of this lease, identified as follows:
Lease
Terms of Lease
Management (acting as agent for owner of the premises) and Resident agree to the terms of this Lease and any attachments that may
be made part of this Lease.
MANAGEMENT RESIDENT
Solhem, LLC (Resident)
Signed by (Resident)
Date Signed Date Signed
Resident acknowledges receipt of the Lease by a signature on this document.
27-CV-HC-24-4148
Filed in District Court
State of Minnesota
6/24/2024 12:30 AM
TERMS OF THE LEASE
A. RENT
1. PAYMENT: RESIDENT will pay MANAGEMENT the full monthly rent before midnight of the first day of each month while this Lease
is in effect and during any extensions or renewals of this Lease without demand, deduction, set-off, or counterclaim. Rent will be
paid as required by MANAGEMENT. No cash will be accepted as payment: NO EXCEPTIONS. All payments due from RESIDENT
under this Lease shall be considered “rent,” and failure to pay that amount upon demand by MANAGEMENT shall be considered to
be a material breach of this Lease. All rent payments are credited first against the oldest balances of outstanding charges and then
to the current financial obligations. MANAGEMENT shall not be obligated to accept any partial payments of rent and amounts due
under this Lease, and any such acceptance shall be at MANAGEMENT’S sole discretion and shall not constitute a waiver of any of
its rights to receive payment in full or to commence or continue an eviction action for nonpayment of the unpaid balance, nor shall it
in any way be construed as an extension of the time to pay. In the event that MANAGEMENT offers online or electronic payment
options, MANAGEMENT shall have the discretion to suspend or discontinue such payment options for RESIDENT at any time. It is
RESIDENT’S responsibility to ensure that full rent is received by MANAGEMENT on or before the first day of the month, and
MANAGEMENT is under no obligation to provide RESIDENT with notice of any rent due, delinquencies or late rent payments, and
if MANAGEMENT does so, it shall be solely as a courtesy to RESIDENT. Acceptance of any rent shall not constitute a waiver of
any prior or current violations of this Lease.
2. WHO IS RESPONSIBLE FOR RENT: Each RESIDENT is jointly and severally responsible for paying the full amount of rent and
any other money owed to MANAGEMENT and for performing all obligations under this Lease.
3. DUTY TO PAY RENT AFTER EVICTION: If RESIDENT is evicted because RESIDENT violated a term of this LEASE, RESIDENT
must still pay the full monthly rent until the earlier of: (a) the Apartment is re-rented and occupied; (b) the DATE THIS LEASE
ENDS; or (c) if the Lease is month-to-month, the date the next NOTICE PERIOD ends. If the Apartment is re-rented for less than
the rent due under this Lease, RESIDENT will be responsible for the difference until the DATE THIS LEASE ENDS or, if the Lease
is month-to-month, until the end of the next NOTICE PERIOD.
4. LATE RENT SERVICE CHARGE AND RETURNED CHECK FEE: RESIDENT will pay the LATE FEE listed above if RESIDENT
does not pay the full monthly rent by the 1st day of the month. RESIDENT also agrees to pay a service fee of $30 for each
payment that is dishonored for non-sufficient funds (“NSF”) plus all applicable late fees. If RESIDENT does not pay the full monthly
rent by the 1st day of the month, any concession or discount agreed to in this Lease and/or additional addenda will not be given for
that specific month and MANAGEMENT may require all future rent to be paid by certified funds.
B. USE OF APARTMENT
5. OCCUPANCY AND USE: Only the persons listed above as RESIDENTS may live in or regularly stay at the Apartment, and all
other persons living in or regularly staying at the Apartment not on this Lease are considered unauthorized occupants. RESIDENT
shall not provide keys or other access devices for the Apartment or the apartment complex where the Apartment is located
(Apartment Building) to anyone who is not an authorized RESIDENT without the prior written consent of MANAGEMENT. A
RESIDENT’S providing access to the Apartment to unauthorized occupants shall be a breach of this Lease and grounds for
eviction. Persons not listed as RESIDENTS may live in the Apartment only with the prior written consent of MANAGEMENT,
provided such persons have been approved by MANAGEMENT following an application and tenant screening, and provided they
have been added to the Lease. LANDLORD has the right at all times during the lease to confirm the identity of RESIDENTS, and
MANAGEMENT has the right to enter the Apartment with reasonable notice to confirm RESIDENT’S compliance with this
provision. If a person is found to be regularly staying at or using the Premises who is not RESIDENT or an occupant approved by
MANAGEMENT, without the knowledge and prior written consent of MANAGEMENT, RESIDENT will be in breach of the Lease and
subject to eviction. Persons who are not listed as RESIDENT or approved occupants may not receive mail or packages at the
Apartment Building, and such receipt shall be a breach of this Lease. MANAGEMENT reserves the right to give any mail or
package carrier direction to refuse to provide delivery service to any recipient that is not an authorized or approved RESIDENT or
occupant of the Apartment. RESIDENTS may use the Apartment and utilities for normal residential purposes only. RESIDENT
agrees not to conduct any business of any kind from or in the Apartment, including without limitation any day-care or child-care,
other than occasional babysitting, and to obey all police, fire, sanitary and other governmental regulations.
6. MAXIMUM OCCUPANCY AND OVERCROWDING: Our maximum occupancy standard at the time of application is two (2) people
per bedroom. This occupancy standard is in place to minimize excessive wear and tear and utility costs, excessive noise, and
overcrowding that can occur when a residential rental property has great density. However, we recognize that families will grow
with the birth or addition of children born or adopted during the term of the lease. To allow some flexibility for households that
qualify at the time of application, and to provide housing opportunities for families, we will not consider a current RESIDENT
household as having over-occupancy or overcrowding if a child is born or adopted during the term of the lease. For a household
that qualifies at the time of application but has one additional child during the term of the lease, we will not require that household
to transfer or terminate the lease solely for over-occupancy. If, however, there are complaints about household noise, or there is
additional wear and tear, this may be a basis for asking the household to transfer up to an appropriate size unit. It may also be a
basis for termination of the lease. If a RESIDENT’S family’s household count exceeds the above maximum, we will advise the
household to plan on a transfer or make other housing arrangements at the end of a lease term. Complaints of noise, disturbance,
excessive wear and tear or other violation of the lease, will be a basis for enforcement of the occupancy standard that is in place at
the time of application and may be a basis for lease non-renewal, termination, or eviction.
7. SUBLETTING: RESIDENT may not sublease the Apartment to other persons (sublet) nor assign the Lease. RESIDENT is not
permitted to allow any non-RESIDENT in the Apartment or in the Apartment Building through any private or public home sharing,
room letting, swapping, vacation rental, bartering or any other accommodation sharing or similar service, whether long term or
27-CV-HC-24-4148
Filed in District Court
State of Minnesota
6/24/2024 12:30 AM
short term (by way of non-exclusive example: vrbo.com, homeaway.com or airbnb.com). Any RESDIENT who makes such an
arrangement or allows such an individual to stay in the Apartment or in the Apartment Building is in breach of the Lease and
subject to eviction.
8. RESIDENT PROMISES: (a) Not to act in a loud, boisterous, unruly, hostile, violent, harassing, intimidating, threatening or
thoughtless manner or disturb the rights of the other residents to peace and quiet, or engaging in any activity, conduct or condition
that constitutes a nuisance under any state or municipal law or ordinance, or allow his/her guests to do so, whether or not under
the direct control of RESIDENT; (b) to maintain quiet hours between 10 pm and 7 am daily; (c) to use the Apartment only as a
private residence, and not to engage in any activity or allow any condition that is illegal or dangerous or which would cause a
cancellation, restriction or increase in premium in MANAGEMENT’S insurance; (d) not to use or store on or near the Apartment any
flammable, toxic, hazardous, or explosive substance; (e) not to interfere in the management and operation of the Apartment
Building or allow his/her guests to do so, whether or not under the direct control of RESIDENT; (f) not to engage in harassing,
threatening, or discriminatory conduct directed at MANAGEMENT or other residents; (g) that the Apartment, common areas, or
area surrounding the Apartment Building will not be used by the RESIDENT, any member of the RESIDENT’S household, any
guest of the RESIDENT, or by anyone acting under his/her control, to manufacture, sell, give away, barter, deliver, exchange,
distribute, possess or use any illegal drugs; (h) that RESIDENT, any member of RESIDENT’s household, or any guest of
RESISDENT will not engage in the manufacture, sale, or distribution of illegal drugs at any locations, whether on or near the
Apartment or otherwise; (i) that RESIDENT, or members of RESIDENT’s household, or guests of RESIDENT, whether or not under
the direct control of RESIDENT, shall not engage in illegal acts or acts of violence or threats of violence towards MANAGEMENT,
any RESIDENT, or anyone on or near the Apartment, including the unlawful discharge of firearms, or engaging in prostitution,
criminal street gang activity, intimidation, or any other activity that jeopardizes the health, safety, or welfare of MANAGEMENT, the
landlord, landlord’s agent(s) or other residents; (j) that the halls, stairways, and other common areas shall not be used by
RESIDENT for the storage of furniture or other items; (k) that RESIDENT shall install, nor cause nor permit to be installed, any
washer, dryer, or other appliance, aerials, antennas, or other electrical connections within the Apartment or on the building exterior
without the prior written consent of MANAGEMENT; (l) that RESIDENT shall be responsible for the conduct of all members of
RESIDENT’S household and all guests of RESIDENT whether or not under the direct control of RESIDENT; (m) that there will be
no parties or gatherings of more than 10 people without the prior written permission of MANAGEMENT; (n) not to permit or allow
drinking of alcoholic beverages by under aged persons on or near the Apartment, common areas, or area surrounding the
Apartment Building; (o) that RESIDENT will maintain thermostat temperature in the Apartment at a minimum of 60 degrees
Fahrenheit and a maximum of 78 degrees Fahrenheit at all times; (p) that RESIDENT’S promises herein shall extend to any person
under the resident’s control regardless of whether the individual engaging in such activity is a member of the household; and (q)
that a single violation of any of the above provisions of this paragraph shall be deemed a serious violation this Lease and grounds
for eviction, and that proof of violation shall not require criminal conviction but shall be by a preponderance of the evidence.
9. CRIME-FREE/DRUG-FREE RESTRICTIONS: (a) RESIDENT, any members of RESIDENT'S household, or a guest, invitee, or
other person under RESIDENT'S control, shall not engage in or facilitate in any criminal or illegal activity whatsoever on or near
the Apartment or the Apartment Building; (b) RESIDENT, any members of RESIDENT'S household, or a guest, invitee, or
other person under RESIDENT'S control, shall not engage in any drug-related illegal activity, including the unlawful
manufacture, possession, use, sale or distribution of controlled substances, in, on or near the Apartment or the Apartment
Building. “Drug-related illegal activity” means the illegal manufacture, sale, distribution, purchase, use, or possession
with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 or the Controlled
Substance Act [21 U.S.C. 802]) or possession of drug paraphernalia (Minn. Stat. §152.092), regardless of the amount involved; (c)
RESIDENT, any members of RESIDENT'S household, or a guest, invitee, or other person under RESIDENT’S control, shall
not engage in acts of hostility or violence or threats of violence towards, or engage in threatening, harassing, or discriminatory
conduct towards MANAGEMENT, MAMANGEMENT’S management, staff, employees, or agents and vendors, or representatives,
or other tenants or anyone on or near the Apartment or the Apartment Building, or take any action that threatens the safety or
security of any other tenant or their property, or take any action that which disturbs the peace and quiet enjoyment of other tenants
in the Apartment Building; (e) RESIDENT, any members of RESIDENT'S household, or a guest, invitee, or other person
under RESIDENT'S control, shall not engage in any act intended to facilitate illegal or unlawful activity, including drug-related
illegal activity, on or near the Apartment, including any location off the Apartment Building or otherwise; (f) RESIDENT, any member
of RESIDENT'S household, guest, or other person under RESIDENT'S control, shall not engage in or permit the dwelling to be
used for or to facilitate criminal or unlawful activity, including drug-related criminal activity regardless of whether the individual
engaging in such activity is a member of the RESIDENT'S household or a guest of the RESIDENT; (g) RESIDENT, any member of
RESIDENT'S household, guest, or other person under RESIDENT’S control, shall not engage in acts of violence or threats of
violence at any location, on or off the Apartment or the Apartment Building, including but not limited to the unlawful discharge of
firearms, prostitution, criminal street gang activity or violence, intimidation, violation of Minn. Stat. §504B.171, or any other breach
of the Lease that jeopardizes the health, safety or welfare of MANAGEMENT, MANAGEMENT'S agents and employees, or other
residents; (h) A single violation of this Section shall be deemed a serious violation and of this Lease and grounds for evictions.
Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the
evidence.
10. APARTMENT USE; TRESPASSERS: The Apartment is to be used as living quarters for those signing lease and those children
identified at time of signing the Lease, and for no other purpose whatsoever. No other persons shall occupy the Apartment without
the prior written consent from MANAGEMENT. MANAGEMENT reserves the right to exclude RESIDENT’S guests from the
Apartment Building by giving RESIDENT or such guests a trespass notice and advising RESIDENT and such guests that such
guests are not permitted at the Apartment or on the Apartment Building and its grounds if such guests pose or are reasonably
believed to pose a danger to the health, safety, morals, or quiet enjoyment of the Apartment Building or staff of MANAGEMENT. If
27-CV-HC-24-4148
Filed in District Court
State of Minnesota
6/24/2024 12:30 AM
MANAGEMENT notifies RESIDENT that an individual has been trespassed from the Apartment, RESIDENT shall not invite or
permit said trespassed individual into the Apartment or the Apartment Building, and RESIDENT’S failure to comply with such notice
shall be a breach of this Lease and grounds for eviction.
11. WATERBEDS: RESIDENT may not keep a waterbed or other water-filled furniture in the Apartment without the prior written
consent of MANAGEMENT.
12. ANIMALS: RESIDENT may not allow animals of any kind in the Apartment or in any common areas of the Apartment Building,
even on a temporary basis, without the prior written consent of MANAGEMENT, and provided that RESIDENT has first signed and
complied with an animal addendum provided by MANAGEMENT. A violation of this provision shall be a breach of this Lease and
grounds for eviction even if RESIDENT removes the prohibited animal.
13. ABANDONMENT: If RESIDENT abandons the property, MANAGEMENT has the right to take immediate possession of the
property and to bar the RESIDENT from returning. MANAGEMENT will also have the right to remove any property that RESIDENT
has left behind and store it at the RESIDENT’S expense. Said property will be disposed of at the end of 28 days if not claimed.
Said property may be sold to pay for the costs of storage after 28 days.
C. CONDITION OF APARTMENT
14. INITIAL OCCUPANCY: If due to causes beyond MANAGEMENT’S control, including but not limited to the holding over of a previous
resident, MANAGEMENT is unable to deliver possession of the Apartment to RESIDENT on the date promised, MANAGEMENT shall not
be subject to any liability for such failure to deliver possession. In such event, as RESIDENT’S sole remedy, RESIDENT shall not have to
start paying rent until RESIDENT receives possession of the Apartment, and RESDIENT shall not sue MANAGEMENT for any
damages.
15. MOVE-IN/MOVE-OUT INSPECTION FORM: RESIDENT acknowledges that the Apartment has been inspected by RESIDENT
prior to taking possession, and RESIDENT has accepted the Apartment and is satisfied with the state of repair, cleanliness and
condition of the Apartment and all appliances and furnishings. MANAGEMENT has provided RESIDENT with a “Move-in Inspection
Form” for purposes of noting any damages or deficiencies to the Apartment, and the failure by RESIDENT to return the Move-in
Form to MANAGEMENT within twenty-four (24) hours of taking possession of the Apartment, shall be conclusive evidence that
RESIDENT received the Apartment in good and satisfactory condition with no damages or deficiencies. The approval by any one
RESIDENT as to the condition of the Apartment upon taking possession shall be relied upon by MANAGEMENT as constituting the
approval of all RESIDENTS.
16. RESIDENT PROMISES: (a) Not to damage or misuse the Apartment or any common areas or facilities of the Apartment Building
or waste the utilities provided by MANAGEMENT or allow his/her guests to do so; (b) not to paint or wallpaper the Apartment, or
make any structural changes in the Apartment without the prior written consent of MANAGEMENT; (c) to keep the Apartment clean,
and in compliance with all health and safety codes; (d) when using any common areas or facilities of the Apartment Building, to
leave them clean and undamaged; (e) to give prompt written notice to MANAGEMENT of any necessary repairs to be made; (f) to
notify MANAGEMENT immediately of any conditions in the Apartment that are dangerous to human health or safety, or which may
damage the Apartment or waste utilities provided by MANAGEMENT; (g) to notify MANAGEMENT immediately of any water leaks
or other areas of excessive moisture, or other conditions which may give rise to mold growth; (h) that when RESIDENT moves out,
the Apartment will be left in good condition, except for ordinary wear and tear; (i) not to remove any fixtures or furnishings supplied
by MANAGEMENT without the prior written consent of MANAGEMENT; and (j) to immediately notify MANAGEMENT in writing
regarding the presence of any pests; and (k) to cooperate with MANAGEMENT’S efforts at pest control.
17. EXCESSIVE PERSONAL PROPERTY: RESIDENT shall not allow excessive amounts of personal property, clutter, or any other
materials in the Apartment, or maintain the Apartment in a condition that impedes the access to MANAGEMENT, MANAGEMENT
staff and contractors, and first-responders and other emergency personnel to the Apartment, that interferes with, threatens, or
endangers the health and safety of other residents of the Apartment Building, that blocks egress windows of the Apartment, that
otherwise interferes or impedes with the ingress and egress for fire department personnel and other first responders at the
Apartment or the Apartment Building, or that inhibits or interferes with the heating, ventilation, or air conditioning systems in the
Apartment or the Apartment Building, or the ability of such systems to maintain an adequate air flow for climate control heating,
ventilation, or air conditioning systems in the Apartment or the Apartment Building. If, in MANAGEMENT’S sole discretion,
RESIDENT is not complying with this provision, MANAGEMENT may require RESIDENT to remove excess personal property from
the Apartment at RESIDENT’S sole expense, including any expenses incurred by RESIDENT for procuring off-site storage space
for the storage of such property.
18. OFFENSIVE ODORS: RESIDENT shall not do anything, or allow anything to be done, in the Apartment that results in an offensive,
pervasive, or strong odor that could disturb other residents, prospects, or MANAGEMENT staff in adjoining apartments or common
areas. Odors emanating from cooking, incense burning, aroma therapy, arts and crafts, food preparation, treatment, or any other
cause that could be offensive or oppressive to other residents or persons in the Apartment Building must be curtailed or eliminated.
Failure by RESIDENT to control or prevent odors from emanating out of the Apartment is grounds for termination or non-renewal of
this Lease.
19. PEST CONTROL OBLIGATIONS: RESIDENT shall promptly notify MANAGEMENT in writing immediately in the event that
RESIDENT observes any pests in the Apartment, and RESIDENT’S failure to immediately so notify MANAGEMENT is a material
violation of this Lease. RESIDENT shall cooperate with and comply with MANAGEMENT’S efforts at pest control, including
allowing access to MANAGEMENT and MANAGEMENT’S pest control vendor(s) for evaluation and treatment of the Apartment.
RESIDENT’S failure to follow the requirements of MANAGEMENT’S pest control vendor(s), including preparing the Apartment for
assessment or treatment, is a material violation of this Lease and grounds for eviction. RESIDENT is required to comply with all
notices by MANAGEMENT and its pest control vendors for readying RESIDENT’S Apartment for pest control treatments, which
may include emptying cupboards, removing materials from under sinks or vanities, moving mattresses, moving cushions from
27-CV-HC-24-4148
Filed in District Court
State of Minnesota
6/24/2024 12:30 AM
furniture, bagging clothing and bedding, and washing and drying items, and all other directives from MANAGEMENT or a pest
control vendor. RESIDENT also is required to follow any recommendations or treatment control requests of MANAGEMENT’S pest
control vendor(s). If RESIDENT ‘S Apartment is not ready when MANAGEMENT’S pest control vendor is scheduled to treat the
Apartment, in addition to other remedies, RESIDENT may be required to pay for an extermination re-treatment, or a subsequent
exterminator visit fee as additional rent. RESIDENT is responsible for all costs of treating or removing any of RESIDENT’S
personal property needed, in the opinion of MANAGEMENT’S pest control vendor, to achieve effective pest control.
MANAGEMENT shall not reimburse RESIDENT or replace personal property of RESIDENT that is subject to treatment or disposal.
Upon demand by MANAGEMENT, RESIDENT shall be responsible for the payment of treatment of RESIDENT’s Apartment and
any other part of the Apartment Building that have been infested if, in the opinion of MANAGEMENT’S pest control vendor(s),
RESIDENT caused the pests to come into, or brought the pests into, the Apartment, another resident’s apartment, the Apartment
Building. Such treatment expenses shall be considered additional rent, and Resident’s failure to pay an invoice for such expenses
within five (5) business days of being presented the invoice by MANAGEMENT is a material violation of the Lease and grounds for
eviction.
20. MOLD AND MILDEW PREVENTION AND PRECAUTIONS: RESIDENT must maintain the Apartment to provide appropriate
climate control and cleanliness standards to retard and prevent mold and mildew from accumulating in the Apartment. RESIDENT
must immediately notify MANAGEMENT in writing regarding (a) any evidence of a water leak or excessive moisture in the
Apartment; (b) any evidence of mold or mildew-like growth that cannot be removed by RESIDENT simply applying a common
household cleaner and wiping the area; (c) any failure or malfunction in the heating, ventilation, or air conditioning system in the
Apartment; and (d) any inoperable doors or windows. RESIDENT shall cooperate with recommendations from MANAGEMENT’S
staff, agents, and vendors to promptly address any of the conditions described in this Paragraph. RESIDENT will be solely
responsible for any damage to the Apartment and RESIDENT’S property, as well as injury to RESIDENT and members of
RESIDENT’S household, resulting from RESIDENT’S failure to comply with this Paragraph. RESIDENT shall wipe down the
shower, bathtub, sink areas, and surrounding flooring in the Unit on a regular basis to avoid the accumulation of any moisture that
could cause mold or other damage to the Apartment or the Apartment Building.
21. ALTERATIONS AND DAMAGE: RESIDENT shall make no alterations, decorations, additions, or improvements in or to the
Apartment, including changing or installing any lock on the Apartment, or installing any security system in the Apartment, without
MANAGEMENT’S prior written consent, and then only by contractors or mechanics approved by the MANAGEMENT. All
alterations, additions, or improvements upon the Apartment, made by either party, shall become the property of MANAGEMENT,
and shall remain upon, and be surrendered with the Apartment, as a part thereof, at the end of the term hereof. RESIDENT
specifically agrees that RESIDENT shall not drive screws or similar implements into the Apartment walls, nor will RESIDENT
damage any part of the Apartment by using glue or tape, nor damage any trim work by scratches, nail holes, etc. RESIDENT shall
be responsible for and pay for damage done by rain, wind, etc. if such damage is caused by RESIDENT’S leaving windows open,
allowing stoppage and/or overflow of water and/or sewer pipes, breaking windows or doors, tearing screens, breaking locks, or any
other damage caused while the RESIDENT has occupancy beyond ordinary wear and tear.
22. SECURITY DEPOSIT: RESIDENT shall pay to MANAGEMENT a SECURITY DEPOSIT in the amount described on the first page
of this Lease which sum shall be retained by MANAGEMENT as security for RESIDENT’S full, timely, and faithful performance of
all RESIDENT’S obligations hereunder. Failure of RESIDENT to pay the SECURITY DEPOSIT upon execution of this agreement or
any other time stated in this Lease is a violation and grounds for eviction action. In the event that MANAGEMENT applies any of
the SECURITY DEPOSIT towards RESIDENT’S obligations under this Lease, RESIDENT shall immediately replenish the amount
so used upon demand by MANAGEMENT. MANAGEMENT may withhold from the SECURITY DEPOSIT amounts reasonably
necessary to (a) remedy RESIDENT’S default in the payment of rent or any other amounts due to MANAGEMENT under this
lease, and (b) restore the Apartment to the condition at the commencement of the residency, ordinary wear and tear excepted. Nail
holes are not considered ordinary wear and tear. If the SECURITY DEPOSIT is insufficient for the purposes stated above, then
RESIDENT shall be liable for the excess upon demand by MANAGEMENT.
23. DESTROYED OR UNLIVABLE APARTMENT: If the Apartment Building or the Apartment is destroyed or damaged due to fire,
water, deluge or overflow, explosion, natural or other disaster, or any other cause, so it is unfit to live in due to any cause,
MANAGEMENT may, in its sole discretion and option, choose to deem the Apartment Building or the Apartment unlivable and
terminate this Lease immediately without any compensation to RESIDENT. If MANAGEMENT terminates this Lease and
RESIDENT did not cause the loss, MANAGEMENT shall refund prorated, prepaid rent and any SECURITY DEPOSIT, less lawful
deductions, to RESIDENT. If RESIDENT is responsible for the damage to the property or conditions making it unlivable,
RESIDENT shall remain liable for rent through the Lease End Date. If the Apartment is deemed unlivable at MANAGEMENT’s sole
discretion and this Lease is terminated, RESIDENT must vacate the Apartment upon notice from MANAGEMENT, and RESIDENT
shall be solely responsible for RESIDENT’S own alternative lodging costs and all moving, relocation and other costs and expense
due to the dislocation.
24. CLEANING FEE: RESIDENT hereby accepts the Apartment in its present state of cleanliness. RESIDENT agrees to return the
Apartment in the same condition or pay a $50 per hour cleaning fee if MANAGEMENT has the Apartment professionally cleaned.
In addition, RESIDENT shall pay an excess trash fee, if RESIDENT leaves any excess trash, of $150 or more, which shall be
charged against the SECURITY DEPOSIT. Excess trash means that RESIDENT causes the recycling bins and the trash barrels at
the Apartment Building to be overflowing and/or over-stuffed with RESIDENT’S bagged or un-bagged garbage. If any such fees
exceed the SECURITY DEPOSIT, RESIDENT shall pay MANAGEMENT the balance upon demand by MANAGEMENT.
D. DURATION OF LEASE
25. MOVING OUT BEFORE LEASE ENDS: RESIDENT agrees that RESIDENT is responsible for paying the full rent each and every
month during the term of this Lease, including any extensions or renewals. If RESIDENT moves out of the Apartment before the
27-CV-HC-24-4148
Filed in District Court
State of Minnesota
6/24/2024 12:30 AM
DATE THIS LEASE ENDS, or with insufficient or improper notice, RESIDENT is responsible for rent until the end of the Lease Term
or to the date the Apartment is re-rented, whichever comes first, along with all any other losses and costs, including repayment of
any rent concessions received by RESIDENT. MANAGEMENT’S acceptance from RESIDENT of keys to the Apartment shall not
constitute an acceptance of the Apartment or a cancellation of the monetary obligations under this Lease by MANAGEMENT prior
to the expiration of the term of this Lease.
26. TERMINATION OF LEASE WITH SPECIFIED ENDING DATE: Nothing in this Lease shall be deemed to impose any obligation on
MANAGEMENT to renew or extend this Lease or enter into a new Lease with RESIDENT. RESIDENT shall provide written notice
to MANAGEMENT of RESIDENT’S intention to either vacate the Apartment or sign a new lease within at least one NOTICE
PERIOD prior to the DATE THIS LEASE ENDS, with the notice being effective as of the last day of the term of this Lease.
RESIDENT’S notice may not terminate this Lease sooner than the DATE THIS LEASE ENDS. The notice required by this
Paragraph must be provided even if RESIDENT intends to vacate the Apartment on the DATE THIS LEASE ENDS. If RESIDENT
vacates the Apartment but does not provide proper notice, RESIDENT shall be liable for rent and all other Lease obligations
through the end of the proper NOTICE PERIOD or DATE THIS LEASE ENDS, whichever is later, and RESIDENT shall repay any
rent concessions received under this Lease. If RESIDENT fails to comply with the notice provisions of this Paragraph, RESIDENT
will be considered to be holding over. If RESISDENT stays in the Apartment after the DATE THIS LEASE ENDS without
MANAGEMENT’S consent, MANAGEMENT may evict RESIDENT. If no other date is specified on the first page of this Lease, the
NOTICE PERIOD shall be 2 full months less 1 day.
27. TERMINATION AND ALTERATION OF MONTH-TO-MONTH LEASES: If RESIDENT stays in the Apartment after the Lease End
Date with the consent of MANAGEMENT, and RESIDENT and MANAGEMENT have not renewed this Lease or entered into a new
lease, this Lease may be extended under the original terms, except that the duration of the Lease shall be month-to-month, subject
to the NOTICE PERIOD, and MANAGEMENT may raise the rent. If the Lease is month-to-month, MANAGEMENT and RESIDENT
agree that the notice required for either party to terminate this Lease shall be in writing and at least equal to the NOTICE PERIOD.
Notice to terminate must be given so as to be effective on the last day of a month. MANAGEMENT may change any of the terms of
a month-to-month Lease, including the amount of rent and late fees, by giving RESIDENT written notice at least equal to the
NOTICE PERIOD.
28. EARLY TERMINATION OF LEASE: Notwithstanding the foregoing, RESIDENT shall have the right to terminate the Lease prior to
the expiration of the term stated on the first page of this Lease if RESIDENT complies with all of the following conditions: (a)
RESIDENT must give MANAGEMENT written notice of intention to terminate, stating a termination date at least 60 days after the
date of the notice; (b) the termination date must be on the last day of a month; (c) RESIDENT must pay MANAGEMENT a
termination fee equal to the sum of (i) two month’s rent ($3440), plus (ii) all current and outstanding rent and late fees for the
Apartment, plus (iii) a $200.00 administrative fee, plus (iv) the value of all rent concessions received by RESIDENT as part of the
Lease (collectively, the “Termination Fee”), all of which must accompany RESIDENT’S notice of early termination; (d) RESIDENT
must pay when due all rent payments for the period ending on the early termination date; and (e) RESIDENT must vacate the
Apartment in the manner required in this Lease on or before 12:00 noon on the early termination date. If all of the foregoing
conditions are met as stated, this Lease shall terminate on the early termination date specified in RESIDENT’S notice of early
termination with the same effect as if such date were the stated date this lease ends. If RESIDENT moves out and stops paying
rent but has failed to abide by any of the conditions described above, the effect of the early termination of this Lease shall be null
and void, RESIDENT shall be in breach of this Lease, and MANAGEMENT shall have all of the remedies described in the Lease.
29. MOVING OUT OF THE APARTMENT: RESIDENT will move out of the Apartment at 12:00 noon on when this Lease ends. If
RESIDENT moves out after this Lease ends, RESIDENT will be liable to MANAGEMENT for any resulting losses, including rent,
and court costs.
E. RIGHTS OF MANAGEMENT
30. EVICTION; RIGHT OF RE-ENTRY: If RESIDENT violates any of the terms of this Lease, MANAGEMENT may terminate this
Lease immediately and without prior notice, and whether or not MANAGEMENT terminates this Lease, MANAGEMENT may enter
upon and re-possess the Apartment by force, summary proceeding, ejectment, or otherwise, and MANAGEMENT may remove
RESIDENT and all other persons and property therefrom. If this Lease is terminated but RESIDENT does not move out voluntarily,
MANAGEMENT may terminate this Lease immediately without prior notice. If this Lease is terminated but RESIDENT does not
move out voluntarily, MANAGEMENT may bring an eviction action. If RESIDENT violates a term of this Lease but MANAGEMENT
does not terminate this Lease, or bring an eviction action, or sue RESIDENT, MANAGEMENT does not waive the right to take any
of these actions for any other violation of any term of this Lease. A lawful seizure from any Apartment of any illegal object or
controlled substance, including drugs, constitutes unlawful possession of the Apartment by the RESIDENT, and is grounds for an
immediate eviction action. If RESIDENT violates a term of this Lease, and RESIDENT is evicted, whether or not MANAGEMENT
obtains a court order to enforce the eviction, RESIDENT agrees to pay the full monthly rent until the earlier of (a) the end of the
initial term or, if the initial term has already ended, the end of the second full month after RESIDENT is evicted; or (b) the
Apartment is re-rented and occupied. This provision shall survive termination of this Lease for any reason. If RESIDENT breaches
the Lease, MANAGEMENT shall have all rights and remedies that are legally available to MANAGEMENT. For example,
MANAGEMENT shall have the right to immediately terminate the lease, have the RESIDENT evicted and sue the RESIDENT for
damages, OR affirm the lease and sue the RESIDENT for damages. Damages shall include, but not be limited to, all costs incurred
by MANAGEMENT in attempting to re-rent the Apartment, including painting and cleaning. In addition, if MANAGEMENT brings
any legal action or collection proceeding against RESIDENT, RESIDENT shall pay MANAGEMENT’S, court costs, filing fees and
service fees, including collection agency fees, even if rent is paid after legal action is started. RESIDENT agrees that all of the
above costs, fees and charges may be deducted from the SECURITY DEPOSIT and interest earned thereon.
27-CV-HC-24-4148
Filed in District Court
State of Minnesota
6/24/2024 12:30 AM
31. EVICTION AFTER PARTIAL PAYMENT OF RENT: All partial payments shall be deemed a payment on account. No endorsement
or statement on any check or other communication shall be deemed an accord and satisfaction and MANAGEMENT may accept
such payment without prejudice to MANAGEMENT’S right to recover the balance of any sums owed by RESIDENT or to pursue
against RESIDENT any additional remedies under the Lease or provided by law. It is expressly agreed to between MANAGEMENT
and RESIDENT that, pursuant to Minn. Stat. Section 504.B.291, subd. 1(c), acceptance by MANAGEMENT of less than the full
amount of rent due from Resident does not waive MANAGEMENT’S right to recover possession of the Apartment for nonpayment
by RESIDENT of balance of rent owed MANAGEMENT either by commencing or continuing an eviction action.
32. LIMITED ATTORNEY’S FEES: If RESIDENT would be entitled to an award of attorneys’ fees pursuant to any statute, ordinance or
otherwise relating to any landlord/tenant action if RESIDENT prevails in such action, MANAGEMENT likewise is entitled to an
award of its attorneys’ fees if MANAGEMENT prevails in such action.
33. MANAGEMENT’S RIGHT TO ENTER: MANAGEMENT or its authorized agents and vendors may enter the Apartment at any
reasonable time (or at any time in the case of an emergency) to inspect, improve, m
Preview
27-CV-HC-24-4148 Filed in District Court State of Minnesota 6/24/2024 12:30 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ____________________________ Case Type: Eviction HUSPP MN OX-OP, LLC Plaintiff v. EVICTION COMPLAINT Nyemadi Dunbar, John Doe, Mary Roe Defendant _____________________________ Donald Perron, attorney for Plaintiff, states and declares as follows: 1. Plaintiff HUSPP MN OX-OP, LLC is a Limited Liability Corporation registered to do business in the state of Minnesota, with its office address at 1111 Washington Ave. S., Minneapolis, MN 55415. Plaintiff is the owner of the rental premises in question. 2. Defendant(s) Nyemadi Dunbar is a/are Minnesota resident(s) who leased, by written agreement, the premises at 1111 Washington Ave. S. Unit #707, Minneapolis, MN 55415, 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 $1,899.00 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 $2,327.84 through June 2024, plus the costs of this action including but not limited to the costs and disbursements of this action set forth below. The Defendant(s) is/are still in possession of the premises. 5. A detailed itemized accounting is attached hereto and made a part hereof. 27-CV-HC-24-4148 Filed in District Court State of Minnesota 6/24/2024 12:30 AM 6. The written notice required by Minn. Stat. §504B.321 Subd. 1a and Minneapolis’ ordinance 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-24-4148 Filed in District Court State of Minnesota 6/24/2024 12:30 AM 1111 Washington Ave | Minneapolis | MN | 55415 hello@oxopmpls.com RESIDENTIAL LEASE RESIDENT* (Full name of all persons who will live in the apartment, their dates of birth, cell phone, and email): NAME D.O.B. PRIMARY PHONE EMAIL Nyemadi Dunbar 10/05/1987 (612) 352-6949 nyemadi.dunbar@gmail.com OWNER: OX-OP EAT LLC; MANAGER: Solhem, LLC ADDRESS OF PREMISES: 1111 Washington Ave S #707, Minneapolis, MN 55415 DURATION OF LEASE: 12 months STARTING DATE OF LEASE: 07/01/2021 DATE THIS LEASE ENDS (if appropriate): 06/30/2022 at Noon NOTICE PERIOD: 59 Days MONTHLY CHARGES: Rent $1,595.00 Utilities $125.00 TOTAL MONTHLY RENT $1,720.00 SECURITY DEPOSIT $500.00 PET DEPOSIT PRO-RATED RENT (if applicable): N/A LATE FEE 137.60 (8% of Total Monthly Rent) UTILITIES PAID BY RESIDENT IN MONTHLY UTILITY FEE: Internet, Gas, Trash, Water/Sewer, Electricity UTILITIES PAID BY RESIDENT OUTSIDE OF MONTHLY UTILITY FEE: Cable, Other GARAGE SPACE #: STORAGE SPACE #: VEHICLE MAKE/MODEL: LIC. PLATE #: RENTER’S INSURANCE: Renters insurance is required, with a minimum of $100,000 in liability coverage. Proof of renters insurance is due to MANAGEMENT seven (7) days before starting date of lease. AUTHORIZED MANAGER: Solhem, LLC ADDRESS: 724 N 1st Street #500 Minneapolis MN 55401 An owner of the premises or an agent authorized to accept service of process and receive and give receipts for notices and demands is: Curt Gunsbury, Solhem, LLC, 724 N 1st Street #500, Minneapolis, MN 55401 *Where appropriate single terms used in the lease include the plural and pronouns of one gender include all genders. ADDITIONAL AGREEMENTS (if any): Attached are Addenda which are made part of this lease, identified as follows: Lease Terms of Lease Management (acting as agent for owner of the premises) and Resident agree to the terms of this Lease and any attachments that may be made part of this Lease. MANAGEMENT RESIDENT Solhem, LLC (Resident) Signed by (Resident) Date Signed Date Signed Resident acknowledges receipt of the Lease by a signature on this document. 27-CV-HC-24-4148 Filed in District Court State of Minnesota 6/24/2024 12:30 AM TERMS OF THE LEASE A. RENT 1. PAYMENT: RESIDENT will pay MANAGEMENT the full monthly rent before midnight of the first day of each month while this Lease is in effect and during any extensions or renewals of this Lease without demand, deduction, set-off, or counterclaim. Rent will be paid as required by MANAGEMENT. No cash will be accepted as payment: NO EXCEPTIONS. All payments due from RESIDENT under this Lease shall be considered “rent,” and failure to pay that amount upon demand by MANAGEMENT shall be considered to be a material breach of this Lease. All rent payments are credited first against the oldest balances of outstanding charges and then to the current financial obligations. MANAGEMENT shall not be obligated to accept any partial payments of rent and amounts due under this Lease, and any such acceptance shall be at MANAGEMENT’S sole discretion and shall not constitute a waiver of any of its rights to receive payment in full or to commence or continue an eviction action for nonpayment of the unpaid balance, nor shall it in any way be construed as an extension of the time to pay. In the event that MANAGEMENT offers online or electronic payment options, MANAGEMENT shall have the discretion to suspend or discontinue such payment options for RESIDENT at any time. It is RESIDENT’S responsibility to ensure that full rent is received by MANAGEMENT on or before the first day of the month, and MANAGEMENT is under no obligation to provide RESIDENT with notice of any rent due, delinquencies or late rent payments, and if MANAGEMENT does so, it shall be solely as a courtesy to RESIDENT. Acceptance of any rent shall not constitute a waiver of any prior or current violations of this Lease. 2. WHO IS RESPONSIBLE FOR RENT: Each RESIDENT is jointly and severally responsible for paying the full amount of rent and any other money owed to MANAGEMENT and for performing all obligations under this Lease. 3. DUTY TO PAY RENT AFTER EVICTION: If RESIDENT is evicted because RESIDENT violated a term of this LEASE, RESIDENT must still pay the full monthly rent until the earlier of: (a) the Apartment is re-rented and occupied; (b) the DATE THIS LEASE ENDS; or (c) if the Lease is month-to-month, the date the next NOTICE PERIOD ends. If the Apartment is re-rented for less than the rent due under this Lease, RESIDENT will be responsible for the difference until the DATE THIS LEASE ENDS or, if the Lease is month-to-month, until the end of the next NOTICE PERIOD. 4. LATE RENT SERVICE CHARGE AND RETURNED CHECK FEE: RESIDENT will pay the LATE FEE listed above if RESIDENT does not pay the full monthly rent by the 1st day of the month. RESIDENT also agrees to pay a service fee of $30 for each payment that is dishonored for non-sufficient funds (“NSF”) plus all applicable late fees. If RESIDENT does not pay the full monthly rent by the 1st day of the month, any concession or discount agreed to in this Lease and/or additional addenda will not be given for that specific month and MANAGEMENT may require all future rent to be paid by certified funds. B. USE OF APARTMENT 5. OCCUPANCY AND USE: Only the persons listed above as RESIDENTS may live in or regularly stay at the Apartment, and all other persons living in or regularly staying at the Apartment not on this Lease are considered unauthorized occupants. RESIDENT shall not provide keys or other access devices for the Apartment or the apartment complex where the Apartment is located (Apartment Building) to anyone who is not an authorized RESIDENT without the prior written consent of MANAGEMENT. A RESIDENT’S providing access to the Apartment to unauthorized occupants shall be a breach of this Lease and grounds for eviction. Persons not listed as RESIDENTS may live in the Apartment only with the prior written consent of MANAGEMENT, provided such persons have been approved by MANAGEMENT following an application and tenant screening, and provided they have been added to the Lease. LANDLORD has the right at all times during the lease to confirm the identity of RESIDENTS, and MANAGEMENT has the right to enter the Apartment with reasonable notice to confirm RESIDENT’S compliance with this provision. If a person is found to be regularly staying at or using the Premises who is not RESIDENT or an occupant approved by MANAGEMENT, without the knowledge and prior written consent of MANAGEMENT, RESIDENT will be in breach of the Lease and subject to eviction. Persons who are not listed as RESIDENT or approved occupants may not receive mail or packages at the Apartment Building, and such receipt shall be a breach of this Lease. MANAGEMENT reserves the right to give any mail or package carrier direction to refuse to provide delivery service to any recipient that is not an authorized or approved RESIDENT or occupant of the Apartment. RESIDENTS may use the Apartment and utilities for normal residential purposes only. RESIDENT agrees not to conduct any business of any kind from or in the Apartment, including without limitation any day-care or child-care, other than occasional babysitting, and to obey all police, fire, sanitary and other governmental regulations. 6. MAXIMUM OCCUPANCY AND OVERCROWDING: Our maximum occupancy standard at the time of application is two (2) people per bedroom. This occupancy standard is in place to minimize excessive wear and tear and utility costs, excessive noise, and overcrowding that can occur when a residential rental property has great density. However, we recognize that families will grow with the birth or addition of children born or adopted during the term of the lease. To allow some flexibility for households that qualify at the time of application, and to provide housing opportunities for families, we will not consider a current RESIDENT household as having over-occupancy or overcrowding if a child is born or adopted during the term of the lease. For a household that qualifies at the time of application but has one additional child during the term of the lease, we will not require that household to transfer or terminate the lease solely for over-occupancy. If, however, there are complaints about household noise, or there is additional wear and tear, this may be a basis for asking the household to transfer up to an appropriate size unit. It may also be a basis for termination of the lease. If a RESIDENT’S family’s household count exceeds the above maximum, we will advise the household to plan on a transfer or make other housing arrangements at the end of a lease term. Complaints of noise, disturbance, excessive wear and tear or other violation of the lease, will be a basis for enforcement of the occupancy standard that is in place at the time of application and may be a basis for lease non-renewal, termination, or eviction. 7. SUBLETTING: RESIDENT may not sublease the Apartment to other persons (sublet) nor assign the Lease. RESIDENT is not permitted to allow any non-RESIDENT in the Apartment or in the Apartment Building through any private or public home sharing, room letting, swapping, vacation rental, bartering or any other accommodation sharing or similar service, whether long term or 27-CV-HC-24-4148 Filed in District Court State of Minnesota 6/24/2024 12:30 AM short term (by way of non-exclusive example: vrbo.com, homeaway.com or airbnb.com). Any RESDIENT who makes such an arrangement or allows such an individual to stay in the Apartment or in the Apartment Building is in breach of the Lease and subject to eviction. 8. RESIDENT PROMISES: (a) Not to act in a loud, boisterous, unruly, hostile, violent, harassing, intimidating, threatening or thoughtless manner or disturb the rights of the other residents to peace and quiet, or engaging in any activity, conduct or condition that constitutes a nuisance under any state or municipal law or ordinance, or allow his/her guests to do so, whether or not under the direct control of RESIDENT; (b) to maintain quiet hours between 10 pm and 7 am daily; (c) to use the Apartment only as a private residence, and not to engage in any activity or allow any condition that is illegal or dangerous or which would cause a cancellation, restriction or increase in premium in MANAGEMENT’S insurance; (d) not to use or store on or near the Apartment any flammable, toxic, hazardous, or explosive substance; (e) not to interfere in the management and operation of the Apartment Building or allow his/her guests to do so, whether or not under the direct control of RESIDENT; (f) not to engage in harassing, threatening, or discriminatory conduct directed at MANAGEMENT or other residents; (g) that the Apartment, common areas, or area surrounding the Apartment Building will not be used by the RESIDENT, any member of the RESIDENT’S household, any guest of the RESIDENT, or by anyone acting under his/her control, to manufacture, sell, give away, barter, deliver, exchange, distribute, possess or use any illegal drugs; (h) that RESIDENT, any member of RESIDENT’s household, or any guest of RESISDENT will not engage in the manufacture, sale, or distribution of illegal drugs at any locations, whether on or near the Apartment or otherwise; (i) that RESIDENT, or members of RESIDENT’s household, or guests of RESIDENT, whether or not under the direct control of RESIDENT, shall not engage in illegal acts or acts of violence or threats of violence towards MANAGEMENT, any RESIDENT, or anyone on or near the Apartment, including the unlawful discharge of firearms, or engaging in prostitution, criminal street gang activity, intimidation, or any other activity that jeopardizes the health, safety, or welfare of MANAGEMENT, the landlord, landlord’s agent(s) or other residents; (j) that the halls, stairways, and other common areas shall not be used by RESIDENT for the storage of furniture or other items; (k) that RESIDENT shall install, nor cause nor permit to be installed, any washer, dryer, or other appliance, aerials, antennas, or other electrical connections within the Apartment or on the building exterior without the prior written consent of MANAGEMENT; (l) that RESIDENT shall be responsible for the conduct of all members of RESIDENT’S household and all guests of RESIDENT whether or not under the direct control of RESIDENT; (m) that there will be no parties or gatherings of more than 10 people without the prior written permission of MANAGEMENT; (n) not to permit or allow drinking of alcoholic beverages by under aged persons on or near the Apartment, common areas, or area surrounding the Apartment Building; (o) that RESIDENT will maintain thermostat temperature in the Apartment at a minimum of 60 degrees Fahrenheit and a maximum of 78 degrees Fahrenheit at all times; (p) that RESIDENT’S promises herein shall extend to any person under the resident’s control regardless of whether the individual engaging in such activity is a member of the household; and (q) that a single violation of any of the above provisions of this paragraph shall be deemed a serious violation this Lease and grounds for eviction, and that proof of violation shall not require criminal conviction but shall be by a preponderance of the evidence. 9. CRIME-FREE/DRUG-FREE RESTRICTIONS: (a) RESIDENT, any members of RESIDENT'S household, or a guest, invitee, or other person under RESIDENT'S control, shall not engage in or facilitate in any criminal or illegal activity whatsoever on or near the Apartment or the Apartment Building; (b) RESIDENT, any members of RESIDENT'S household, or a guest, invitee, or other person under RESIDENT'S control, shall not engage in any drug-related illegal activity, including the unlawful manufacture, possession, use, sale or distribution of controlled substances, in, on or near the Apartment or the Apartment Building. “Drug-related illegal activity” means the illegal manufacture, sale, distribution, purchase, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 or the Controlled Substance Act [21 U.S.C. 802]) or possession of drug paraphernalia (Minn. Stat. §152.092), regardless of the amount involved; (c) RESIDENT, any members of RESIDENT'S household, or a guest, invitee, or other person under RESIDENT’S control, shall not engage in acts of hostility or violence or threats of violence towards, or engage in threatening, harassing, or discriminatory conduct towards MANAGEMENT, MAMANGEMENT’S management, staff, employees, or agents and vendors, or representatives, or other tenants or anyone on or near the Apartment or the Apartment Building, or take any action that threatens the safety or security of any other tenant or their property, or take any action that which disturbs the peace and quiet enjoyment of other tenants in the Apartment Building; (e) RESIDENT, any members of RESIDENT'S household, or a guest, invitee, or other person under RESIDENT'S control, shall not engage in any act intended to facilitate illegal or unlawful activity, including drug-related illegal activity, on or near the Apartment, including any location off the Apartment Building or otherwise; (f) RESIDENT, any member of RESIDENT'S household, guest, or other person under RESIDENT'S control, shall not engage in or permit the dwelling to be used for or to facilitate criminal or unlawful activity, including drug-related criminal activity regardless of whether the individual engaging in such activity is a member of the RESIDENT'S household or a guest of the RESIDENT; (g) RESIDENT, any member of RESIDENT'S household, guest, or other person under RESIDENT’S control, shall not engage in acts of violence or threats of violence at any location, on or off the Apartment or the Apartment Building, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity or violence, intimidation, violation of Minn. Stat. §504B.171, or any other breach of the Lease that jeopardizes the health, safety or welfare of MANAGEMENT, MANAGEMENT'S agents and employees, or other residents; (h) A single violation of this Section shall be deemed a serious violation and of this Lease and grounds for evictions. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence. 10. APARTMENT USE; TRESPASSERS: The Apartment is to be used as living quarters for those signing lease and those children identified at time of signing the Lease, and for no other purpose whatsoever. No other persons shall occupy the Apartment without the prior written consent from MANAGEMENT. MANAGEMENT reserves the right to exclude RESIDENT’S guests from the Apartment Building by giving RESIDENT or such guests a trespass notice and advising RESIDENT and such guests that such guests are not permitted at the Apartment or on the Apartment Building and its grounds if such guests pose or are reasonably believed to pose a danger to the health, safety, morals, or quiet enjoyment of the Apartment Building or staff of MANAGEMENT. If 27-CV-HC-24-4148 Filed in District Court State of Minnesota 6/24/2024 12:30 AM MANAGEMENT notifies RESIDENT that an individual has been trespassed from the Apartment, RESIDENT shall not invite or permit said trespassed individual into the Apartment or the Apartment Building, and RESIDENT’S failure to comply with such notice shall be a breach of this Lease and grounds for eviction. 11. WATERBEDS: RESIDENT may not keep a waterbed or other water-filled furniture in the Apartment without the prior written consent of MANAGEMENT. 12. ANIMALS: RESIDENT may not allow animals of any kind in the Apartment or in any common areas of the Apartment Building, even on a temporary basis, without the prior written consent of MANAGEMENT, and provided that RESIDENT has first signed and complied with an animal addendum provided by MANAGEMENT. A violation of this provision shall be a breach of this Lease and grounds for eviction even if RESIDENT removes the prohibited animal. 13. ABANDONMENT: If RESIDENT abandons the property, MANAGEMENT has the right to take immediate possession of the property and to bar the RESIDENT from returning. MANAGEMENT will also have the right to remove any property that RESIDENT has left behind and store it at the RESIDENT’S expense. Said property will be disposed of at the end of 28 days if not claimed. Said property may be sold to pay for the costs of storage after 28 days. C. CONDITION OF APARTMENT 14. INITIAL OCCUPANCY: If due to causes beyond MANAGEMENT’S control, including but not limited to the holding over of a previous resident, MANAGEMENT is unable to deliver possession of the Apartment to RESIDENT on the date promised, MANAGEMENT shall not be subject to any liability for such failure to deliver possession. In such event, as RESIDENT’S sole remedy, RESIDENT shall not have to start paying rent until RESIDENT receives possession of the Apartment, and RESDIENT shall not sue MANAGEMENT for any damages. 15. MOVE-IN/MOVE-OUT INSPECTION FORM: RESIDENT acknowledges that the Apartment has been inspected by RESIDENT prior to taking possession, and RESIDENT has accepted the Apartment and is satisfied with the state of repair, cleanliness and condition of the Apartment and all appliances and furnishings. MANAGEMENT has provided RESIDENT with a “Move-in Inspection Form” for purposes of noting any damages or deficiencies to the Apartment, and the failure by RESIDENT to return the Move-in Form to MANAGEMENT within twenty-four (24) hours of taking possession of the Apartment, shall be conclusive evidence that RESIDENT received the Apartment in good and satisfactory condition with no damages or deficiencies. The approval by any one RESIDENT as to the condition of the Apartment upon taking possession shall be relied upon by MANAGEMENT as constituting the approval of all RESIDENTS. 16. RESIDENT PROMISES: (a) Not to damage or misuse the Apartment or any common areas or facilities of the Apartment Building or waste the utilities provided by MANAGEMENT or allow his/her guests to do so; (b) not to paint or wallpaper the Apartment, or make any structural changes in the Apartment without the prior written consent of MANAGEMENT; (c) to keep the Apartment clean, and in compliance with all health and safety codes; (d) when using any common areas or facilities of the Apartment Building, to leave them clean and undamaged; (e) to give prompt written notice to MANAGEMENT of any necessary repairs to be made; (f) to notify MANAGEMENT immediately of any conditions in the Apartment that are dangerous to human health or safety, or which may damage the Apartment or waste utilities provided by MANAGEMENT; (g) to notify MANAGEMENT immediately of any water leaks or other areas of excessive moisture, or other conditions which may give rise to mold growth; (h) that when RESIDENT moves out, the Apartment will be left in good condition, except for ordinary wear and tear; (i) not to remove any fixtures or furnishings supplied by MANAGEMENT without the prior written consent of MANAGEMENT; and (j) to immediately notify MANAGEMENT in writing regarding the presence of any pests; and (k) to cooperate with MANAGEMENT’S efforts at pest control. 17. EXCESSIVE PERSONAL PROPERTY: RESIDENT shall not allow excessive amounts of personal property, clutter, or any other materials in the Apartment, or maintain the Apartment in a condition that impedes the access to MANAGEMENT, MANAGEMENT staff and contractors, and first-responders and other emergency personnel to the Apartment, that interferes with, threatens, or endangers the health and safety of other residents of the Apartment Building, that blocks egress windows of the Apartment, that otherwise interferes or impedes with the ingress and egress for fire department personnel and other first responders at the Apartment or the Apartment Building, or that inhibits or interferes with the heating, ventilation, or air conditioning systems in the Apartment or the Apartment Building, or the ability of such systems to maintain an adequate air flow for climate control heating, ventilation, or air conditioning systems in the Apartment or the Apartment Building. If, in MANAGEMENT’S sole discretion, RESIDENT is not complying with this provision, MANAGEMENT may require RESIDENT to remove excess personal property from the Apartment at RESIDENT’S sole expense, including any expenses incurred by RESIDENT for procuring off-site storage space for the storage of such property. 18. OFFENSIVE ODORS: RESIDENT shall not do anything, or allow anything to be done, in the Apartment that results in an offensive, pervasive, or strong odor that could disturb other residents, prospects, or MANAGEMENT staff in adjoining apartments or common areas. Odors emanating from cooking, incense burning, aroma therapy, arts and crafts, food preparation, treatment, or any other cause that could be offensive or oppressive to other residents or persons in the Apartment Building must be curtailed or eliminated. Failure by RESIDENT to control or prevent odors from emanating out of the Apartment is grounds for termination or non-renewal of this Lease. 19. PEST CONTROL OBLIGATIONS: RESIDENT shall promptly notify MANAGEMENT in writing immediately in the event that RESIDENT observes any pests in the Apartment, and RESIDENT’S failure to immediately so notify MANAGEMENT is a material violation of this Lease. RESIDENT shall cooperate with and comply with MANAGEMENT’S efforts at pest control, including allowing access to MANAGEMENT and MANAGEMENT’S pest control vendor(s) for evaluation and treatment of the Apartment. RESIDENT’S failure to follow the requirements of MANAGEMENT’S pest control vendor(s), including preparing the Apartment for assessment or treatment, is a material violation of this Lease and grounds for eviction. RESIDENT is required to comply with all notices by MANAGEMENT and its pest control vendors for readying RESIDENT’S Apartment for pest control treatments, which may include emptying cupboards, removing materials from under sinks or vanities, moving mattresses, moving cushions from 27-CV-HC-24-4148 Filed in District Court State of Minnesota 6/24/2024 12:30 AM furniture, bagging clothing and bedding, and washing and drying items, and all other directives from MANAGEMENT or a pest control vendor. RESIDENT also is required to follow any recommendations or treatment control requests of MANAGEMENT’S pest control vendor(s). If RESIDENT ‘S Apartment is not ready when MANAGEMENT’S pest control vendor is scheduled to treat the Apartment, in addition to other remedies, RESIDENT may be required to pay for an extermination re-treatment, or a subsequent exterminator visit fee as additional rent. RESIDENT is responsible for all costs of treating or removing any of RESIDENT’S personal property needed, in the opinion of MANAGEMENT’S pest control vendor, to achieve effective pest control. MANAGEMENT shall not reimburse RESIDENT or replace personal property of RESIDENT that is subject to treatment or disposal. Upon demand by MANAGEMENT, RESIDENT shall be responsible for the payment of treatment of RESIDENT’s Apartment and any other part of the Apartment Building that have been infested if, in the opinion of MANAGEMENT’S pest control vendor(s), RESIDENT caused the pests to come into, or brought the pests into, the Apartment, another resident’s apartment, the Apartment Building. Such treatment expenses shall be considered additional rent, and Resident’s failure to pay an invoice for such expenses within five (5) business days of being presented the invoice by MANAGEMENT is a material violation of the Lease and grounds for eviction. 20. MOLD AND MILDEW PREVENTION AND PRECAUTIONS: RESIDENT must maintain the Apartment to provide appropriate climate control and cleanliness standards to retard and prevent mold and mildew from accumulating in the Apartment. RESIDENT must immediately notify MANAGEMENT in writing regarding (a) any evidence of a water leak or excessive moisture in the Apartment; (b) any evidence of mold or mildew-like growth that cannot be removed by RESIDENT simply applying a common household cleaner and wiping the area; (c) any failure or malfunction in the heating, ventilation, or air conditioning system in the Apartment; and (d) any inoperable doors or windows. RESIDENT shall cooperate with recommendations from MANAGEMENT’S staff, agents, and vendors to promptly address any of the conditions described in this Paragraph. RESIDENT will be solely responsible for any damage to the Apartment and RESIDENT’S property, as well as injury to RESIDENT and members of RESIDENT’S household, resulting from RESIDENT’S failure to comply with this Paragraph. RESIDENT shall wipe down the shower, bathtub, sink areas, and surrounding flooring in the Unit on a regular basis to avoid the accumulation of any moisture that could cause mold or other damage to the Apartment or the Apartment Building. 21. ALTERATIONS AND DAMAGE: RESIDENT shall make no alterations, decorations, additions, or improvements in or to the Apartment, including changing or installing any lock on the Apartment, or installing any security system in the Apartment, without MANAGEMENT’S prior written consent, and then only by contractors or mechanics approved by the MANAGEMENT. All alterations, additions, or improvements upon the Apartment, made by either party, shall become the property of MANAGEMENT, and shall remain upon, and be surrendered with the Apartment, as a part thereof, at the end of the term hereof. RESIDENT specifically agrees that RESIDENT shall not drive screws or similar implements into the Apartment walls, nor will RESIDENT damage any part of the Apartment by using glue or tape, nor damage any trim work by scratches, nail holes, etc. RESIDENT shall be responsible for and pay for damage done by rain, wind, etc. if such damage is caused by RESIDENT’S leaving windows open, allowing stoppage and/or overflow of water and/or sewer pipes, breaking windows or doors, tearing screens, breaking locks, or any other damage caused while the RESIDENT has occupancy beyond ordinary wear and tear. 22. SECURITY DEPOSIT: RESIDENT shall pay to MANAGEMENT a SECURITY DEPOSIT in the amount described on the first page of this Lease which sum shall be retained by MANAGEMENT as security for RESIDENT’S full, timely, and faithful performance of all RESIDENT’S obligations hereunder. Failure of RESIDENT to pay the SECURITY DEPOSIT upon execution of this agreement or any other time stated in this Lease is a violation and grounds for eviction action. In the event that MANAGEMENT applies any of the SECURITY DEPOSIT towards RESIDENT’S obligations under this Lease, RESIDENT shall immediately replenish the amount so used upon demand by MANAGEMENT. MANAGEMENT may withhold from the SECURITY DEPOSIT amounts reasonably necessary to (a) remedy RESIDENT’S default in the payment of rent or any other amounts due to MANAGEMENT under this lease, and (b) restore the Apartment to the condition at the commencement of the residency, ordinary wear and tear excepted. Nail holes are not considered ordinary wear and tear. If the SECURITY DEPOSIT is insufficient for the purposes stated above, then RESIDENT shall be liable for the excess upon demand by MANAGEMENT. 23. DESTROYED OR UNLIVABLE APARTMENT: If the Apartment Building or the Apartment is destroyed or damaged due to fire, water, deluge or overflow, explosion, natural or other disaster, or any other cause, so it is unfit to live in due to any cause, MANAGEMENT may, in its sole discretion and option, choose to deem the Apartment Building or the Apartment unlivable and terminate this Lease immediately without any compensation to RESIDENT. If MANAGEMENT terminates this Lease and RESIDENT did not cause the loss, MANAGEMENT shall refund prorated, prepaid rent and any SECURITY DEPOSIT, less lawful deductions, to RESIDENT. If RESIDENT is responsible for the damage to the property or conditions making it unlivable, RESIDENT shall remain liable for rent through the Lease End Date. If the Apartment is deemed unlivable at MANAGEMENT’s sole discretion and this Lease is terminated, RESIDENT must vacate the Apartment upon notice from MANAGEMENT, and RESIDENT shall be solely responsible for RESIDENT’S own alternative lodging costs and all moving, relocation and other costs and expense due to the dislocation. 24. CLEANING FEE: RESIDENT hereby accepts the Apartment in its present state of cleanliness. RESIDENT agrees to return the Apartment in the same condition or pay a $50 per hour cleaning fee if MANAGEMENT has the Apartment professionally cleaned. In addition, RESIDENT shall pay an excess trash fee, if RESIDENT leaves any excess trash, of $150 or more, which shall be charged against the SECURITY DEPOSIT. Excess trash means that RESIDENT causes the recycling bins and the trash barrels at the Apartment Building to be overflowing and/or over-stuffed with RESIDENT’S bagged or un-bagged garbage. If any such fees exceed the SECURITY DEPOSIT, RESIDENT shall pay MANAGEMENT the balance upon demand by MANAGEMENT. D. DURATION OF LEASE 25. MOVING OUT BEFORE LEASE ENDS: RESIDENT agrees that RESIDENT is responsible for paying the full rent each and every month during the term of this Lease, including any extensions or renewals. If RESIDENT moves out of the Apartment before the 27-CV-HC-24-4148 Filed in District Court State of Minnesota 6/24/2024 12:30 AM DATE THIS LEASE ENDS, or with insufficient or improper notice, RESIDENT is responsible for rent until the end of the Lease Term or to the date the Apartment is re-rented, whichever comes first, along with all any other losses and costs, including repayment of any rent concessions received by RESIDENT. MANAGEMENT’S acceptance from RESIDENT of keys to the Apartment shall not constitute an acceptance of the Apartment or a cancellation of the monetary obligations under this Lease by MANAGEMENT prior to the expiration of the term of this Lease. 26. TERMINATION OF LEASE WITH SPECIFIED ENDING DATE: Nothing in this Lease shall be deemed to impose any obligation on MANAGEMENT to renew or extend this Lease or enter into a new Lease with RESIDENT. RESIDENT shall provide written notice to MANAGEMENT of RESIDENT’S intention to either vacate the Apartment or sign a new lease within at least one NOTICE PERIOD prior to the DATE THIS LEASE ENDS, with the notice being effective as of the last day of the term of this Lease. RESIDENT’S notice may not terminate this Lease sooner than the DATE THIS LEASE ENDS. The notice required by this Paragraph must be provided even if RESIDENT intends to vacate the Apartment on the DATE THIS LEASE ENDS. If RESIDENT vacates the Apartment but does not provide proper notice, RESIDENT shall be liable for rent and all other Lease obligations through the end of the proper NOTICE PERIOD or DATE THIS LEASE ENDS, whichever is later, and RESIDENT shall repay any rent concessions received under this Lease. If RESIDENT fails to comply with the notice provisions of this Paragraph, RESIDENT will be considered to be holding over. If RESISDENT stays in the Apartment after the DATE THIS LEASE ENDS without MANAGEMENT’S consent, MANAGEMENT may evict RESIDENT. If no other date is specified on the first page of this Lease, the NOTICE PERIOD shall be 2 full months less 1 day. 27. TERMINATION AND ALTERATION OF MONTH-TO-MONTH LEASES: If RESIDENT stays in the Apartment after the Lease End Date with the consent of MANAGEMENT, and RESIDENT and MANAGEMENT have not renewed this Lease or entered into a new lease, this Lease may be extended under the original terms, except that the duration of the Lease shall be month-to-month, subject to the NOTICE PERIOD, and MANAGEMENT may raise the rent. If the Lease is month-to-month, MANAGEMENT and RESIDENT agree that the notice required for either party to terminate this Lease shall be in writing and at least equal to the NOTICE PERIOD. Notice to terminate must be given so as to be effective on the last day of a month. MANAGEMENT may change any of the terms of a month-to-month Lease, including the amount of rent and late fees, by giving RESIDENT written notice at least equal to the NOTICE PERIOD. 28. EARLY TERMINATION OF LEASE: Notwithstanding the foregoing, RESIDENT shall have the right to terminate the Lease prior to the expiration of the term stated on the first page of this Lease if RESIDENT complies with all of the following conditions: (a) RESIDENT must give MANAGEMENT written notice of intention to terminate, stating a termination date at least 60 days after the date of the notice; (b) the termination date must be on the last day of a month; (c) RESIDENT must pay MANAGEMENT a termination fee equal to the sum of (i) two month’s rent ($3440), plus (ii) all current and outstanding rent and late fees for the Apartment, plus (iii) a $200.00 administrative fee, plus (iv) the value of all rent concessions received by RESIDENT as part of the Lease (collectively, the “Termination Fee”), all of which must accompany RESIDENT’S notice of early termination; (d) RESIDENT must pay when due all rent payments for the period ending on the early termination date; and (e) RESIDENT must vacate the Apartment in the manner required in this Lease on or before 12:00 noon on the early termination date. If all of the foregoing conditions are met as stated, this Lease shall terminate on the early termination date specified in RESIDENT’S notice of early termination with the same effect as if such date were the stated date this lease ends. If RESIDENT moves out and stops paying rent but has failed to abide by any of the conditions described above, the effect of the early termination of this Lease shall be null and void, RESIDENT shall be in breach of this Lease, and MANAGEMENT shall have all of the remedies described in the Lease. 29. MOVING OUT OF THE APARTMENT: RESIDENT will move out of the Apartment at 12:00 noon on when this Lease ends. If RESIDENT moves out after this Lease ends, RESIDENT will be liable to MANAGEMENT for any resulting losses, including rent, and court costs. E. RIGHTS OF MANAGEMENT 30. EVICTION; RIGHT OF RE-ENTRY: If RESIDENT violates any of the terms of this Lease, MANAGEMENT may terminate this Lease immediately and without prior notice, and whether or not MANAGEMENT terminates this Lease, MANAGEMENT may enter upon and re-possess the Apartment by force, summary proceeding, ejectment, or otherwise, and MANAGEMENT may remove RESIDENT and all other persons and property therefrom. If this Lease is terminated but RESIDENT does not move out voluntarily, MANAGEMENT may terminate this Lease immediately without prior notice. If this Lease is terminated but RESIDENT does not move out voluntarily, MANAGEMENT may bring an eviction action. If RESIDENT violates a term of this Lease but MANAGEMENT does not terminate this Lease, or bring an eviction action, or sue RESIDENT, MANAGEMENT does not waive the right to take any of these actions for any other violation of any term of this Lease. A lawful seizure from any Apartment of any illegal object or controlled substance, including drugs, constitutes unlawful possession of the Apartment by the RESIDENT, and is grounds for an immediate eviction action. If RESIDENT violates a term of this Lease, and RESIDENT is evicted, whether or not MANAGEMENT obtains a court order to enforce the eviction, RESIDENT agrees to pay the full monthly rent until the earlier of (a) the end of the initial term or, if the initial term has already ended, the end of the second full month after RESIDENT is evicted; or (b) the Apartment is re-rented and occupied. This provision shall survive termination of this Lease for any reason. If RESIDENT breaches the Lease, MANAGEMENT shall have all rights and remedies that are legally available to MANAGEMENT. For example, MANAGEMENT shall have the right to immediately terminate the lease, have the RESIDENT evicted and sue the RESIDENT for damages, OR affirm the lease and sue the RESIDENT for damages. Damages shall include, but not be limited to, all costs incurred by MANAGEMENT in attempting to re-rent the Apartment, including painting and cleaning. In addition, if MANAGEMENT brings any legal action or collection proceeding against RESIDENT, RESIDENT shall pay MANAGEMENT’S, court costs, filing fees and service fees, including collection agency fees, even if rent is paid after legal action is started. RESIDENT agrees that all of the above costs, fees and charges may be deducted from the SECURITY DEPOSIT and interest earned thereon. 27-CV-HC-24-4148 Filed in District Court State of Minnesota 6/24/2024 12:30 AM 31. EVICTION AFTER PARTIAL PAYMENT OF RENT: All partial payments shall be deemed a payment on account. No endorsement or statement on any check or other communication shall be deemed an accord and satisfaction and MANAGEMENT may accept such payment without prejudice to MANAGEMENT’S right to recover the balance of any sums owed by RESIDENT or to pursue against RESIDENT any additional remedies under the Lease or provided by law. It is expressly agreed to between MANAGEMENT and RESIDENT that, pursuant to Minn. Stat. Section 504.B.291, subd. 1(c), acceptance by MANAGEMENT of less than the full amount of rent due from Resident does not waive MANAGEMENT’S right to recover possession of the Apartment for nonpayment by RESIDENT of balance of rent owed MANAGEMENT either by commencing or continuing an eviction action. 32. LIMITED ATTORNEY’S FEES: If RESIDENT would be entitled to an award of attorneys’ fees pursuant to any statute, ordinance or otherwise relating to any landlord/tenant action if RESIDENT prevails in such action, MANAGEMENT likewise is entitled to an award of its attorneys’ fees if MANAGEMENT prevails in such action. 33. MANAGEMENT’S RIGHT TO ENTER: MANAGEMENT or its authorized agents and vendors may enter the Apartment at any reasonable time (or at any time in the case of an emergency) to inspect, improve, m