Preview
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Case Type: Housing/Eviction
Court File No. _________________
Oaks Lincoln Townhomes LLC,
Plaintiff,
EVICTION ACTION COMPLAINT
vs.
Otis Hawkins (D/O/B: unknown),
Defendant.
Plaintiff Oaks Lincoln Townhomes LLC (“Landlord”), as and for Landlord’s claim for
relief against Defendant Otis Hawkins (“Tenant”), states and alleges as follows:
1. Landlord is the owner of the townhome located at 5124 Lincoln Circle, Edina, Hennepin
County, Minnesota 55436 (“Premises”). Tenant is an individual in possession of the
Premises.
2. Tenant’s written lease term commenced on November 10, 2023, and expires on May 16,
2025 (“Lease”). A true and correct copy of the Lease is attached hereto as Exhibit A,
pursuant to Minn. Stat. §504B.321, Subd. 3(1).
3. The Lease provides for apartment rent of $2,369.00 per month, plus a trash/recycling fee
of $11.00 per month, for a total amount of $2,380.00 for rent, payable in advance by the
first day of each and every month of tenancy. In addition to the rent, late payment fees of
8% of the unpaid balance are assessed for late payment of rent.
4. Although duly demanded, Tenant has failed and refused to pay partial rent and late charges
owing for May 2024 equal to $419.00, plus full rent for June 2024 of $2,369.00, plus the
trash/recycling fee of $11.00, plus the late fee of $190.00, plus utilities of $213.56, for a
20240621 Eviction Complaint 9016.01.docx
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
total delinquency owing of $3,202.56. A true and correct copy of an itemized statement of
amounts due is attached as Exhibit B, pursuant to Minn. Stat. §504B.321, Subd. 3(2).
5. On June 6, 2024, Landlord provided Tenant with the written notice required under Minn.
Stat. § 504B.321, Subd. 1a. A true and correct copy of the notice is attached as Exhibit C.
6. Tenant continues to refuse to pay the same. By the time this matter comes on for hearing,
rent and trash/recycling fees in the total amount of $2,380.00 may also be due and owing
for July 2024, and demand therefore is also made a part of this Complaint.
7. Tenant is still in possession of the Premises and is unlawfully detaining the possession
thereof from Landlord.
8. The tenancy is not affected by a federal or state housing subsidy program.
9. Under the terms of the Lease, Tenant is obligated to pay Landlord’s costs and reasonable
attorneys’ fees incurred in eviction actions and in actions for the collection of delinquent
rent.
10. Landlord has incurred legal fees and costs in being required to prosecute this eviction
action.
11. Landlord has complied with requirements of Minn. Stat. § 504B.181 by disclosing to
Tenant, in the Lease, the person authorized to manage the premises and the agent
authorized by the landlord to accept service of process and receive and give receipts for
notices and demands. A printed or typewritten notice containing the information listed
above is posted in a conspicuous place on the premises.
12. Tenant is not now in the military or naval service of the United States. This statement is
made in compliance with the Federal Servicemembers Civil Relief Act, 50 U.S.C. App. §§
501-509.
20240621 Eviction Complaint 9016.01.docx 2
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
NOW THEREFORE, Landlord demands judgment against Tenant as follows:
1. For the restitution of the Premises.
2. For attorneys’ fees, costs, and disbursements herein.
3. For such other relief as the Court may deem just and equitable.
MULLIGAN & BJORNNES PLLP
Dated: June 24, 2024 /s/ John F. Mulligan
Attorney for Plaintiff
John F. Mulligan, ID # 0390117
401 Groveland Avenue
Minneapolis, Minnesota 55403
(612) 871-1800
jfmulligan@mulliganbjornnes.com
VERIFICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
John F. Mulligan, declares and states that he is the attorney for Landlord in this action, that
he has read the Complaint herein, and that it is true to the best of his knowledge.
I declare under penalty of perjury that everything I have stated in this document is true and
correct. Minn. Stat. § 358.116.
Dated: June 24, 2024 /s/ John F. Mulligan
John F. Mulligan
20240621 Eviction Complaint 9016.01.docx 3
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
ACKNOWLEDGMENT
The undersigned hereby acknowledges that sanctions may be imposed pursuant to Minn.
Stat. § 549.211, Subd. 2.
Dated: June 24, 2024 /s/ John F. Mulligan
John F. Mulligan
20240621 Eviction Complaint 9016.01.docx 4
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
EXHIBIT A
Lease
(Attached)
20240621 Eviction Complaint 9016.01.docx
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
Minnesota Multi Housing Association
RESIDENTIAL LEASE
Standard Form Residential Lease THE MINNESOTA ATTORNEY GENERAL’S OFFICE HAS
Copyright 2015 REVISED July 2015 CERTIFIED THAT THIS LEASE COMPLIES WITH THE
MINNESOTA PLAIN LANGUAGE CONTRACT ACT.
(Minnesota Statutes, Sections 325G.29-325G.36). Certification of a contract by the Attorney General
under the plain language contract act is not otherwise an approval of the contract’s legality or legal effect
.
RESIDENT*: (list all persons who will live in the apartment)
Lease Signers: Otis Hawkins
Occupants: Otis Hawkins, Zephaniah Hawkins, Zariah Hawkins Cosigner (if applicable): Mary Wright
MANAGEMENT: (enter company name if applicable) Oaks Properties LLC
STREET ADDRESS OF PREMISES ("Apartment") 5124 Lincoln Cir, Edina, MN, 55436-2704
APARTMENT NO. 5124 DURATION OF LEASE (enter the number of months or month-to-month)18 Month(s)
STARTING DATE OF LEASE 11/10/2023 DATE THIS LEASE ENDS (if appropriate) 05/16/2025 at 12:00 noon
NOTICE PERIOD (the NOTICE PERIOD is one full month unless the LEASE states a different notice period) Two Full Calendar Months
MONTHLY APARTMENT RENT $ 2369.00 LATE RENT FEE 8% of Total Monthly Rent
OTHER MONTHLY RENT CHARGES (e.g. garage) $ 11.00
TOTAL MONTHLY RENT $ 2380.00 SECURITY DEPOSIT $ 400.00
UTILITIES INCLUDED IN RENT: Heat Water Other
The premises were
UTILITIES PAID BY RESIDENT: Electricity Telephone Other Heat, Trash/Recycling, Water/Sewer, Gas
constructed prior to 1978.
(the following is required by Minnesota Statutes, Section 504B.181) See attached disclosure
of information.
Authorized Manager of Apartment Traci Gannon
Address 5200 Lincoln Dr, Edina, MN, 55436-2704
If this box is checked,
An owner of the premises or an agent authorized to accept service of process and receive and give receipts Paragraph 21. ATTORNEY’S
for notices and demands is
FEES AND ENFORCEMENT
Oaks Properties LLC COSTS does not apply.
Address 3550 E 46th Street, Suite 120, Minneapolis, MN 55406
*Where appropriate, singular terms used in this Lease include the plural, and pronouns of one gender include all genders.
Additional Agreements (if any). Attached are eight (8) Addenda which are made part of this Lease.
Crime Free/Drug Free Housing Addendum, Community Car Addendum, Key Addendum, Package Addendum, Pet Addendum (if applicable),
Smoke-free Addendum, Guest Policy Addendum, Contact Information Addendum
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.
$H - S$
MANAGEMENT
(Resident)
Oaks Properties LLC $ADULTCHH - S1$
(Resident)
$ADULTCHH - S2$
By $e-D oc S ign er - S $ (Resident)
Date Signed $e-Doc Signer - D$
$H - D1$
Date Signed
Resident acknowledges receipt of the Lease by signature on this document
TERMS OF THIS 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. Rent will be paid as required by MANAGEMENT.
2. WHO IS RESPONSIBLE FOR RENT: Each RESIDENT is individually responsible for paying the full amount of rent and any other money owed
to MANAGEMENT.
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: 1) the Apartment is re-rented; 2) the DATE THIS LEASE ENDS; or 3) if the Lease is month-to-month, 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 FEE AND RETURNED CHECK FEE: RESIDENT will pay the LATE RENT FEE listed above if RESIDENT does not pay the full
monthly rent by the 5th day of the month. RESIDENT also will pay a fee of $30 for each returned check.
B. USE OF APARTMENT
5. OCCUPANCY AND USE: Only the persons listed above as RESIDENTS may live in the Apartment. Persons not listed as RESIDENTS may live
in the Apartment only with the prior written consent of MANAGEMENT. RESIDENTS may use the Apartment and utilities for normal residential
purposes only.
6. SUBLETTING: RESIDENT may not lease the Apartment to other persons (sublet), assign this Lease or sell this Lease without prior written
consent of MANAGEMENT.
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
7. RESIDENT PROMISES: 1) Not to act in a loud, boisterous, unruly or thoughtless manner or disturb the rights of the other residents to peace
and quiet, or allow his/her guests to do so; 2) 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;
3) not to use or store on or near the Apartment any flammable, toxic, hazardous, or explosive substance; 4) not to interfere in the management
and operation of the Apartment building; 5) not to engage in harassing, threatening, or discriminatory conduct directed at MANAGEMENT or
other RESIDENTS; 6) that the Apartment, common areas, or area surrounding the 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; or to engage in prostitution or any
prostitution related activity; or to unlawfully use or possess any firearm; or to allow any stolen property on the premises.
8. WATERBEDS: RESIDENT may not keep a waterbed or other water-filled furniture in the Apartment without the prior written consent of
MANAGEMENT.
9. PETS: RESIDENT may not allow animals or pets of any kind in the Apartment or in any common areas without the prior written consent of
MANAGEMENT.
C. CONDITION OF APARTMENT
10. MANAGEMENT PROMISES: 1) That the Apartment and all common areas are fit for use as residential premises; 2) to keep the Apartment in
reasonable repair and make necessary repairs within a reasonable time after written notice by RESIDENT except when damage is caused by the
intentional or negligent conduct of the RESIDENT or his/her guests; 3) to maintain the Apartment in compliance with applicable health and safety
codes except when a violation of the health and safety codes has been caused by the intentional or negligent conduct of the RESIDENT or his/her
guests; 4) to keep the common areas clean and in good condition.
11. RESIDENT PROMISES: 1) Not to damage or misuse the Apartment or waste the utilities provided by MANAGEMENT or allow his/her guests to do so;
2) not to paint or wallpaper the Apartment, or make any structural changes in the Apartment without the prior written consent of MANAGE- MENT; 3) to
keep the Apartment clean, and in compliance with all health and safety codes; 4) to give written notice to MANAGEMENT of any necessary repairs to
be made; 5) 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; 6) that when RESIDENT moves out, the Apartment will be left in good condition,
except for ordinary wear and tear; 7) not to remove any fixtures or furnishing supplied by MANAGEMENT without the prior written consent of
MANAGEMENT; 8) to cooperate with MANAGEMENT’S efforts at pest control. This may include, among other things, RESIDENT’S emptying and
cleaning cabinets, drawers and closets, pulling furniture away from walls and allowing exterminator to enter and treat the Apartment, and required
appropriate treatment of RESIDENT’S personal property.
12. SECURITY DEPOSIT: MANAGEMENT may keep all or part of the security deposit: a) for damage to the Apartment beyond ordinary wear and tear; and b)
for rent or other money owed to MANAGEMENT.
13. DESTROYED OR UNLIVABLE APARTMENT: If the Apartment is destroyed or damaged so it is unfit to live in due to any cause, MANAGEMENT may
choose not to rebuild or restore the Apartment and/or may terminate this Lease immediately with no further liability to RESIDENT. If the destruction or
damage was not RESIDENT’S fault and MANAGEMENT terminates this Lease, rent will be pro-rated and the balance will be refunded to RESIDENT.
D. DURATION OF LEASE
14. FAILURE TO GIVE POSSESSION: If MANAGEMENT cannot provide the Apartment to RESIDENT at the start of this Lease, RESIDENT can- not sue
MANAGEMENT for any resulting damages but RESIDENT will not start paying rent until he/she gets possession of the Apartment.
15. MOVING OUT BEFORE LEASE ENDS: If RESIDENT moves out of the Apartment before the DATE THIS LEASE ENDS, RESIDENT is responsible for rent
and any other losses or costs including court costs.
16. TERMINATION OF LEASE WITH SPECIFIED ENDING DATE: If RESIDENT wishes to move out of the Apartment on the DATE THIS LEASE ENDS,
RESIDENT must give MANAGEMENT prior written notice equal to the NOTICE PERIOD. If RESIDENT fails to give proper notice, MANAGEMENT may
a) extend the Lease for one NOTICE PERIOD and b) raise the rent. If RESIDENT stays in the Apartment after the DATE THIS LEASE ENDS, with the
approval of MANAGEMENT, and RESIDENT and MANAGEMENT have not renewed this Lease or entered into a new Lease, this Lease shall be extended
under its original terms except a) the duration shall be changed to month-to-month, and b) MANAGEMENT may raise the rent.
17. TERMINATION AND ALTERATION OF MONTH-TO-MONTH LEASES: When the Lease is month-to-month, MANAGEMENT and RESIDENT may
terminate the Lease only by giving the other party written notice equal to the NOTICE PERIOD. A notice to terminate a Lease is 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, by giving RESIDENT written
notice at least equal to the NOTICE PERIOD.
18. MOVING OUT OF THE APARTMENT: RESIDENT will move out of the Apartment 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
19. EVICTION: If RESIDENT violates any of the terms of this Lease, MANAGEMENT may terminate this Lease immediately and 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. Under state law, 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.
20. EVICTION AFTER PARTIAL PAYMENT OF RENT: It is expressly agreed to between MANAGEMENT and RESIDENT that, pursuant to Minn. Stat.
§504B.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 rental premises for nonpayment by RESIDENT of balance of rent owed MANAGEMENT.
21. ATTORNEY’S FEES AND ENFORCEMENT COSTS: If MANAGEMENT brings any legal action against RESIDENT, RESIDENT must pay
MANAGEMENT’S attorneys’ fees incurred up to $999.00, and other expenses related to the legal action, including fees paid to a collection
agency and court costs, even if rent is paid after the legal action is started.
22. MANAGEMENT’S RIGHT TO ENTER: In accordance with applicable law, MANAGEMENT or its authorized agents may enter the Apartment at any
reasonable time to inspect, improve, maintain or repair the Apartment, or do other necessary work, or to show the Apartment to potential new
RESIDENTS or buyers.
23. MANAGEMENT’S LEGAL RIGHTS AND REMEDIES: MANAGEMENT may use its legal rights and remedies in any combination. By using one or
more of these rights or remedies MANAGEMENT does not give up any other rights or remedies it may have. Acceptance of rent does not waive
MANAGEMENT’S right to evict RESIDENT for any past or existing violation of any term of this Lease.
24. LEASE IS SUBJECT TO MORTGAGE: The Apartment building may be mortgaged or may be subject to a contract for deed. RESIDENT agrees that
the rights of the holder of any present or future mortgage or contract for deed are superior to RESIDENT’S rights. For example, if a mortgage on the
Apartment building is foreclosed, the person who forecloses on the Apartment building may, at their option, terminate RESIDENT’S lease.
F. LIABILITY OF RESIDENT AND MANAGEMENT
25. DAMAGE OR INJURY TO RESIDENT OR HIS/HER PROPERTY: MANAGEMENT is not responsible for any damage or injury that is done to
RESIDENT or his/her property, guests or their property that was not caused by MANAGEMENT. MANAGEMENT requires that RESIDENT obtain
Renter’s Insurance to protect against injuries or property damage.
26. ACTS OF THIRD PARTIES: MANAGEMENT is not responsible for the actions, or for any damages, injury or harm caused by third parties (such as
other residents, guests, intruders or trespassers) who are not under MANAGEMENT’S control.
27. RESIDENT SHALL REIMBURSE MANAGEMENT FOR: 1) Any loss, property damage, or cost of repair or service (including plumbing problems)
caused by negligence or improper use by RESIDENT, his/her agents, family or guests; 2) any loss or damage caused by doors or windows being left
open; 3) all costs MANAGEMENT has because of abandonment of the Apartment or other violations of the Lease by RESIDENT, such as costs for
advertising the Apartment.
28. WHEN PAYMENTS ARE DUE: Any amount owed by RESIDENT is due when MANAGEMENT asks for it. MANAGEMENT does not give up its right to any
money owed by RESIDENT because of MANAGEMENT’S failure or delay in asking for any payment. MANAGEMENT can ask for any money owed by
RESIDENT before or after RESIDENT moves out of the Apartment.
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
G. MISCELLANEOUS
29. FALSE OR MISLEADING RENTAL APPLICATION: If MANAGEMENT determines that any oral or written statements made by RESIDENT in the rental
application or otherwise are not true or complete, then RESIDENT has violated this Lease, may be evicted, and may be liable for damages and
additional costs and penalties under applicable law.
30. BUILDING RULES AND ATTACHMENTS ARE PART OF LEASE; NO ORAL AGREEMENTS: Any attachments to this Lease are a part of this Lease.
If a term of any attachment conflicts with any term of this Lease, the attachment term will be controlling. MANAGEMENT’S building rules are a part of
this Lease, and MANAGEMENT may make reasonable changes in these rules at any time by giving RESIDENT written notice. No oral agreements
have been made. This Lease and its attachments and any other written agreements are the entire agreement between RESIDENT and
MANAGEMENT.
31. NOTICES: All RESIDENTS agree that notices and demands delivered by MANAGEMENT to the Apartment are proper notice to all RESIDENTS, and are
effective as soon as delivered to the Apartment
Acceptance by : HEAD OF HOUSEHOLD Acceptance by : GUARANTOR/COSIGNER Acceptance by : E-DOC SIGNER
OTIS HAWKINS 11/10/2023 MARY WRIGHT 11/10/2023 KATHY FRICKE 11/07/2023
ID : 722F47F3-84BD-4BA5-B8B8-49D02E01BEA4 ID : 14188EA1-4C6E-4E1C-A110-9CF54F159BAB ID : 7920E4B0-52B7-47A8-A67D-1C8886C6861D
$GRNTR - S1$
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
EXHIBIT B
Ledger
(Attached)
20240621 Eviction Complaint 9016.01.docx
27-CV-HC-24-4157
Filed in District Court
6/20/24, 12:10 PM OneSite State of Minnesota
6/24/2024 11:25 AM
Oaks Lincoln Townhomes
Hawkins, Otis (Unit 5124)
Resident ledger - as of Property date: 06/20/2024
Unit Date Period SubJ Ctrl# Code Description Doc# * Charges Credits Balance
Late Charges -
N/A-5124 06/06/2024 062024 RESIDENT LATEFEE $190.00 $3202.56
Hawkins
N/A-5124 06/01/2024 062024 RESIDENT RENT Rent $2369.00 $3012.56
Water
N/A-5124 06/01/2024 062024 RESIDENT WATERREIMB $213.56 $643.56
Reimbursement
Trash
N/A-5124 06/01/2024 062024 RESIDENT TRASH REIMB $6.00 $430.00
Reimbursement
Recycling
RECYC
N/A-5124 06/01/2024 062024 RESIDENT Reimbursement $5.00 $424.00
REIMBURSE
Charge
Late Charges -
N/A-5124 05/07/2024 052024 RESIDENT LATEFEE $190.00 $419.00
Hawkins
N/A-5124 05/01/2024 052024 RESIDENT RENT Rent $2369.00 $229.00
Trash
N/A-5124 05/01/2024 052024 RESIDENT TRASH REIMB $6.00 $-2140.00
Reimbursement
Recycling
RECYC
N/A-5124 05/01/2024 052024 RESIDENT Reimbursement $5.00 $-2146.00
REIMBURSE
Charge
Check Scan - Otis
N/A-5124 04/20/2024 042024 RESIDENT 418 PMTOPIRD 61407611 $7794.19 $-2151.00
Hawkins 4/23/2024
Filing fee for eviction
N/A-5124 04/12/2024 042024 RESIDENT ATTRNY $302.00 $5643.19
action.
Late Charges -
N/A-5124 04/06/2024 042024 RESIDENT LATEFEE $190.00 $5341.19
Hawkins
N/A-5124 04/01/2024 042024 RESIDENT RENT Rent $2369.00 $5151.19
Trash
N/A-5124 04/01/2024 042024 RESIDENT TRASH REIMB $6.00 $2782.19
Reimbursement
Recycling
RECYC
N/A-5124 04/01/2024 042024 RESIDENT Reimbursement $5.00 $2776.19
REIMBURSE
Charge
Late Charges -
N/A-5124 03/06/2024 032024 RESIDENT LATEFEE $190.00 $2771.19
Hawkins
N/A-5124 03/01/2024 032024 RESIDENT RENT Rent $2369.00 $2581.19
Water
Reimbursement -
N/A-5124 03/01/2024 032024 RESIDENT WATERREIMB $201.19 $212.19
10/26/2023 -
01/29/2024
Trash
N/A-5124 03/01/2024 032024 RESIDENT TRASH REIMB $6.00 $11.00
Reimbursement
Recycling
RECYC
N/A-5124 03/01/2024 032024 RESIDENT Reimbursement $5.00 $5.00
REIMBURSE
Charge
Check Scan - Otis
N/A-5124 02/23/2024 022024 RESIDENT 422 PMTOPIRD 10919209998 $10.00 $0.00
Hawkins
Check Scan - Otis
N/A-5124 02/21/2024 022024 RESIDENT 420 PMTOPIRD 61393847 $5512.00 $10.00
Hawkins
Eviction Service Fee -
N/A-5124 02/09/2024 022024 RESIDENT ATTRNY $85.00 $5522.00
Hawkins
Eviction Filing Fee -
N/A-5124 02/09/2024 022024 RESIDENT ATTRNY $297.00 $5437.00
Hawkins
Late Charges -
N/A-5124 02/08/2024 022024 RESIDENT LATEFEE $190.00 $5140.00
Hawkins
N/A-5124 02/01/2024 022024 RESIDENT RENT Rent $2369.00 $4950.00
Trash
N/A-5124 02/01/2024 022024 RESIDENT TRASH REIMB $6.00 $2581.00
Reimbursement
Recycling
RECYC
N/A-5124 02/01/2024 022024 RESIDENT Reimbursement $5.00 $2575.00
REIMBURSE
Charge
Late Charges -
N/A-5124 01/06/2024 012024 RESIDENT LATEFEE $190.00 $2570.00
Hawkins
N/A-5124 01/01/2024 012024 RESIDENT RENT Rent $2369.00 $2380.00
Balance $3,202.56
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27-CV-HC-24-4157
Filed in District Court
6/20/24, 12:10 PM OneSite State of Minnesota
6/24/2024 11:25 AM
Unit Date Period SubJ Ctrl# Code Description Doc# * Charges Credits Balance
Trash
N/A-5124 01/01/2024 012024 RESIDENT TRASH REIMB $6.00 $11.00
Reimbursement
Recycling
RECYC
N/A-5124 01/01/2024 012024 RESIDENT Reimbursement $5.00 $5.00
REIMBURSE
Charge
First month free
N/A-5124 12/05/2023 122023 RESIDENT CONC/SPECL $2375.00 $0.00
special
Check Scan - Otis
N/A-5124 12/03/2023 122023 RESIDENT 404 PMTOPIRD 9679 $200.00 $2375.00
Hawkins 12/4/2023
Check Scan - Otis
N/A-5124 12/03/2023 122023 RESIDENT 404 PMTOPIRD 9668 $500.00 $2575.00
Hawkins 12/4/2023
Check Scan - Otis
N/A-5124 12/03/2023 122023 RESIDENT 404 PMTOPIRD 9646 $500.00 $3075.00
Hawkins 12/4/2023
Check Scan - Otis
N/A-5124 12/03/2023 122023 RESIDENT 404 PMTOPIRD 9657 $500.00 $3575.00
Hawkins 12/4/2023
N/A-5124 12/01/2023 122023 RESIDENT RENT Rent $2369.00 $4075.00
Trash
N/A-5124 12/01/2023 122023 RESIDENT TRASH REIMB $6.00 $1706.00
Reimbursement
Recycling
RECYC
N/A-5124 12/01/2023 122023 RESIDENT Reimbursement $5.00 $1700.00
REIMBURSE
Charge
NSF Check Fee -
N/A-5124 11/16/2023 112023 RESIDENT NSFFEE $30.00 $1695.00
Hawkins
Account Frozen
N/A-5124 11/13/2023 112023 RESIDENT 998 PMTOPACH ZRSNGLFQA01 $-1665.00 $1665.00
(R16)
Resident PR -
N/A-5124 11/10/2023 112023 RESIDENT RESIDENTPR $1.00 $0.00
Hawkins
N/A-5124 11/10/2023 112023 RESIDENT RENT Rent $1658.00 $1.00
Trash
N/A-5124 11/10/2023 112023 RESIDENT TRASH REIMB $4.00 $-1657.00
Reimbursement
Recycling
RECYC
N/A-5124 11/10/2023 112023 RESIDENT Reimbursement $4.00 $-1661.00
REIMBURSE
Charge
WelcomeHome ACH
N/A-5124 11/10/2023 112023 RESIDENT 417 PMTOPACH payment -- Otis ZRSNGLFQA01 $1665.00 $-1665.00
Hawkins
Payment
N/A-5124 11/07/2023 112023 RESIDENT 935 PMTOPIRD (PMTOPIRD) moved 8409 $-340.00 $0.00
to Deposit ledger
Check Scan - Otis
N/A-5124 11/07/2023 112023 RESIDENT 412 PMTOPIRD 8409 $400.00 $-340.00
Hawkins
Payment
(PMTOPCARD)
N/A-5124 10/30/2023 102023 RESIDENT 935 PMTOPCARD CGLKCLFQA02 $-60.00 $60.00
moved to Deposit
ledger
Otis Hawkins Online
N/A-5124 10/30/2023 102023 RESIDENT 428 PMTOPCARD CGLKCLFQA02 $60.00 $0.00
Payment Fee
Online Application
N/A-5124 10/30/2023 102023 RESIDENT APPFEE $60.00 $60.00
Fee
Balance $3,202.56
https://oakspropertiesllc.onesite.realpage.com/shell_cb/shellchild.htm?c=111100011111000101001111001000000010000010000000001010000000000… 2/2
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
EXHIBIT C
Notice
(Attached)
20240621 Eviction Complaint 9016.01.docx
27-CV-HC-24-4157
Filed in District Court
State of Minnesota
6/24/2024 11:25 AM
Oaks Properties LLC
3550 East 46th Street, Suite 120
Minneapolis, MN 55406
Office: (612) 874-1102
Date of this Notice: 06/06/2024
Resident: Otis Hawkins
Resident Address: 5124 Lincoln Cir. Edina, MN 55436
Dear Otis,
You currently have a past due balance. The total amount due is: $3,202.56.
A specific accounting of the total amount due from unpaid rent, late fees, and other charges
under the lease is included with this letter.
The name
Preview
27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Housing/Eviction Court File No. _________________ Oaks Lincoln Townhomes LLC, Plaintiff, EVICTION ACTION COMPLAINT vs. Otis Hawkins (D/O/B: unknown), Defendant. Plaintiff Oaks Lincoln Townhomes LLC (“Landlord”), as and for Landlord’s claim for relief against Defendant Otis Hawkins (“Tenant”), states and alleges as follows: 1. Landlord is the owner of the townhome located at 5124 Lincoln Circle, Edina, Hennepin County, Minnesota 55436 (“Premises”). Tenant is an individual in possession of the Premises. 2. Tenant’s written lease term commenced on November 10, 2023, and expires on May 16, 2025 (“Lease”). A true and correct copy of the Lease is attached hereto as Exhibit A, pursuant to Minn. Stat. §504B.321, Subd. 3(1). 3. The Lease provides for apartment rent of $2,369.00 per month, plus a trash/recycling fee of $11.00 per month, for a total amount of $2,380.00 for rent, payable in advance by the first day of each and every month of tenancy. In addition to the rent, late payment fees of 8% of the unpaid balance are assessed for late payment of rent. 4. Although duly demanded, Tenant has failed and refused to pay partial rent and late charges owing for May 2024 equal to $419.00, plus full rent for June 2024 of $2,369.00, plus the trash/recycling fee of $11.00, plus the late fee of $190.00, plus utilities of $213.56, for a 20240621 Eviction Complaint 9016.01.docx 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM total delinquency owing of $3,202.56. A true and correct copy of an itemized statement of amounts due is attached as Exhibit B, pursuant to Minn. Stat. §504B.321, Subd. 3(2). 5. On June 6, 2024, Landlord provided Tenant with the written notice required under Minn. Stat. § 504B.321, Subd. 1a. A true and correct copy of the notice is attached as Exhibit C. 6. Tenant continues to refuse to pay the same. By the time this matter comes on for hearing, rent and trash/recycling fees in the total amount of $2,380.00 may also be due and owing for July 2024, and demand therefore is also made a part of this Complaint. 7. Tenant is still in possession of the Premises and is unlawfully detaining the possession thereof from Landlord. 8. The tenancy is not affected by a federal or state housing subsidy program. 9. Under the terms of the Lease, Tenant is obligated to pay Landlord’s costs and reasonable attorneys’ fees incurred in eviction actions and in actions for the collection of delinquent rent. 10. Landlord has incurred legal fees and costs in being required to prosecute this eviction action. 11. Landlord has complied with requirements of Minn. Stat. § 504B.181 by disclosing to Tenant, in the Lease, the person authorized to manage the premises and the agent authorized by the landlord to accept service of process and receive and give receipts for notices and demands. A printed or typewritten notice containing the information listed above is posted in a conspicuous place on the premises. 12. Tenant is not now in the military or naval service of the United States. This statement is made in compliance with the Federal Servicemembers Civil Relief Act, 50 U.S.C. App. §§ 501-509. 20240621 Eviction Complaint 9016.01.docx 2 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM NOW THEREFORE, Landlord demands judgment against Tenant as follows: 1. For the restitution of the Premises. 2. For attorneys’ fees, costs, and disbursements herein. 3. For such other relief as the Court may deem just and equitable. MULLIGAN & BJORNNES PLLP Dated: June 24, 2024 /s/ John F. Mulligan Attorney for Plaintiff John F. Mulligan, ID # 0390117 401 Groveland Avenue Minneapolis, Minnesota 55403 (612) 871-1800 jfmulligan@mulliganbjornnes.com VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) John F. Mulligan, declares and states that he is the attorney for Landlord in this action, that he has read the Complaint herein, and that it is true to the best of his knowledge. I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated: June 24, 2024 /s/ John F. Mulligan John F. Mulligan 20240621 Eviction Complaint 9016.01.docx 3 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM ACKNOWLEDGMENT The undersigned hereby acknowledges that sanctions may be imposed pursuant to Minn. Stat. § 549.211, Subd. 2. Dated: June 24, 2024 /s/ John F. Mulligan John F. Mulligan 20240621 Eviction Complaint 9016.01.docx 4 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM EXHIBIT A Lease (Attached) 20240621 Eviction Complaint 9016.01.docx 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM Minnesota Multi Housing Association RESIDENTIAL LEASE Standard Form Residential Lease THE MINNESOTA ATTORNEY GENERAL’S OFFICE HAS Copyright 2015 REVISED July 2015 CERTIFIED THAT THIS LEASE COMPLIES WITH THE MINNESOTA PLAIN LANGUAGE CONTRACT ACT. (Minnesota Statutes, Sections 325G.29-325G.36). Certification of a contract by the Attorney General under the plain language contract act is not otherwise an approval of the contract’s legality or legal effect . RESIDENT*: (list all persons who will live in the apartment) Lease Signers: Otis Hawkins Occupants: Otis Hawkins, Zephaniah Hawkins, Zariah Hawkins Cosigner (if applicable): Mary Wright MANAGEMENT: (enter company name if applicable) Oaks Properties LLC STREET ADDRESS OF PREMISES ("Apartment") 5124 Lincoln Cir, Edina, MN, 55436-2704 APARTMENT NO. 5124 DURATION OF LEASE (enter the number of months or month-to-month)18 Month(s) STARTING DATE OF LEASE 11/10/2023 DATE THIS LEASE ENDS (if appropriate) 05/16/2025 at 12:00 noon NOTICE PERIOD (the NOTICE PERIOD is one full month unless the LEASE states a different notice period) Two Full Calendar Months MONTHLY APARTMENT RENT $ 2369.00 LATE RENT FEE 8% of Total Monthly Rent OTHER MONTHLY RENT CHARGES (e.g. garage) $ 11.00 TOTAL MONTHLY RENT $ 2380.00 SECURITY DEPOSIT $ 400.00 UTILITIES INCLUDED IN RENT: Heat Water Other The premises were UTILITIES PAID BY RESIDENT: Electricity Telephone Other Heat, Trash/Recycling, Water/Sewer, Gas constructed prior to 1978. (the following is required by Minnesota Statutes, Section 504B.181) See attached disclosure of information. Authorized Manager of Apartment Traci Gannon Address 5200 Lincoln Dr, Edina, MN, 55436-2704 If this box is checked, An owner of the premises or an agent authorized to accept service of process and receive and give receipts Paragraph 21. ATTORNEY’S for notices and demands is FEES AND ENFORCEMENT Oaks Properties LLC COSTS does not apply. Address 3550 E 46th Street, Suite 120, Minneapolis, MN 55406 *Where appropriate, singular terms used in this Lease include the plural, and pronouns of one gender include all genders. Additional Agreements (if any). Attached are eight (8) Addenda which are made part of this Lease. Crime Free/Drug Free Housing Addendum, Community Car Addendum, Key Addendum, Package Addendum, Pet Addendum (if applicable), Smoke-free Addendum, Guest Policy Addendum, Contact Information Addendum 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. $H - S$ MANAGEMENT (Resident) Oaks Properties LLC $ADULTCHH - S1$ (Resident) $ADULTCHH - S2$ By $e-D oc S ign er - S $ (Resident) Date Signed $e-Doc Signer - D$ $H - D1$ Date Signed Resident acknowledges receipt of the Lease by signature on this document TERMS OF THIS 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. Rent will be paid as required by MANAGEMENT. 2. WHO IS RESPONSIBLE FOR RENT: Each RESIDENT is individually responsible for paying the full amount of rent and any other money owed to MANAGEMENT. 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: 1) the Apartment is re-rented; 2) the DATE THIS LEASE ENDS; or 3) if the Lease is month-to-month, 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 FEE AND RETURNED CHECK FEE: RESIDENT will pay the LATE RENT FEE listed above if RESIDENT does not pay the full monthly rent by the 5th day of the month. RESIDENT also will pay a fee of $30 for each returned check. B. USE OF APARTMENT 5. OCCUPANCY AND USE: Only the persons listed above as RESIDENTS may live in the Apartment. Persons not listed as RESIDENTS may live in the Apartment only with the prior written consent of MANAGEMENT. RESIDENTS may use the Apartment and utilities for normal residential purposes only. 6. SUBLETTING: RESIDENT may not lease the Apartment to other persons (sublet), assign this Lease or sell this Lease without prior written consent of MANAGEMENT. 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM 7. RESIDENT PROMISES: 1) Not to act in a loud, boisterous, unruly or thoughtless manner or disturb the rights of the other residents to peace and quiet, or allow his/her guests to do so; 2) 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; 3) not to use or store on or near the Apartment any flammable, toxic, hazardous, or explosive substance; 4) not to interfere in the management and operation of the Apartment building; 5) not to engage in harassing, threatening, or discriminatory conduct directed at MANAGEMENT or other RESIDENTS; 6) that the Apartment, common areas, or area surrounding the 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; or to engage in prostitution or any prostitution related activity; or to unlawfully use or possess any firearm; or to allow any stolen property on the premises. 8. WATERBEDS: RESIDENT may not keep a waterbed or other water-filled furniture in the Apartment without the prior written consent of MANAGEMENT. 9. PETS: RESIDENT may not allow animals or pets of any kind in the Apartment or in any common areas without the prior written consent of MANAGEMENT. C. CONDITION OF APARTMENT 10. MANAGEMENT PROMISES: 1) That the Apartment and all common areas are fit for use as residential premises; 2) to keep the Apartment in reasonable repair and make necessary repairs within a reasonable time after written notice by RESIDENT except when damage is caused by the intentional or negligent conduct of the RESIDENT or his/her guests; 3) to maintain the Apartment in compliance with applicable health and safety codes except when a violation of the health and safety codes has been caused by the intentional or negligent conduct of the RESIDENT or his/her guests; 4) to keep the common areas clean and in good condition. 11. RESIDENT PROMISES: 1) Not to damage or misuse the Apartment or waste the utilities provided by MANAGEMENT or allow his/her guests to do so; 2) not to paint or wallpaper the Apartment, or make any structural changes in the Apartment without the prior written consent of MANAGE- MENT; 3) to keep the Apartment clean, and in compliance with all health and safety codes; 4) to give written notice to MANAGEMENT of any necessary repairs to be made; 5) 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; 6) that when RESIDENT moves out, the Apartment will be left in good condition, except for ordinary wear and tear; 7) not to remove any fixtures or furnishing supplied by MANAGEMENT without the prior written consent of MANAGEMENT; 8) to cooperate with MANAGEMENT’S efforts at pest control. This may include, among other things, RESIDENT’S emptying and cleaning cabinets, drawers and closets, pulling furniture away from walls and allowing exterminator to enter and treat the Apartment, and required appropriate treatment of RESIDENT’S personal property. 12. SECURITY DEPOSIT: MANAGEMENT may keep all or part of the security deposit: a) for damage to the Apartment beyond ordinary wear and tear; and b) for rent or other money owed to MANAGEMENT. 13. DESTROYED OR UNLIVABLE APARTMENT: If the Apartment is destroyed or damaged so it is unfit to live in due to any cause, MANAGEMENT may choose not to rebuild or restore the Apartment and/or may terminate this Lease immediately with no further liability to RESIDENT. If the destruction or damage was not RESIDENT’S fault and MANAGEMENT terminates this Lease, rent will be pro-rated and the balance will be refunded to RESIDENT. D. DURATION OF LEASE 14. FAILURE TO GIVE POSSESSION: If MANAGEMENT cannot provide the Apartment to RESIDENT at the start of this Lease, RESIDENT can- not sue MANAGEMENT for any resulting damages but RESIDENT will not start paying rent until he/she gets possession of the Apartment. 15. MOVING OUT BEFORE LEASE ENDS: If RESIDENT moves out of the Apartment before the DATE THIS LEASE ENDS, RESIDENT is responsible for rent and any other losses or costs including court costs. 16. TERMINATION OF LEASE WITH SPECIFIED ENDING DATE: If RESIDENT wishes to move out of the Apartment on the DATE THIS LEASE ENDS, RESIDENT must give MANAGEMENT prior written notice equal to the NOTICE PERIOD. If RESIDENT fails to give proper notice, MANAGEMENT may a) extend the Lease for one NOTICE PERIOD and b) raise the rent. If RESIDENT stays in the Apartment after the DATE THIS LEASE ENDS, with the approval of MANAGEMENT, and RESIDENT and MANAGEMENT have not renewed this Lease or entered into a new Lease, this Lease shall be extended under its original terms except a) the duration shall be changed to month-to-month, and b) MANAGEMENT may raise the rent. 17. TERMINATION AND ALTERATION OF MONTH-TO-MONTH LEASES: When the Lease is month-to-month, MANAGEMENT and RESIDENT may terminate the Lease only by giving the other party written notice equal to the NOTICE PERIOD. A notice to terminate a Lease is 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, by giving RESIDENT written notice at least equal to the NOTICE PERIOD. 18. MOVING OUT OF THE APARTMENT: RESIDENT will move out of the Apartment 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 19. EVICTION: If RESIDENT violates any of the terms of this Lease, MANAGEMENT may terminate this Lease immediately and 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. Under state law, 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. 20. EVICTION AFTER PARTIAL PAYMENT OF RENT: It is expressly agreed to between MANAGEMENT and RESIDENT that, pursuant to Minn. Stat. §504B.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 rental premises for nonpayment by RESIDENT of balance of rent owed MANAGEMENT. 21. ATTORNEY’S FEES AND ENFORCEMENT COSTS: If MANAGEMENT brings any legal action against RESIDENT, RESIDENT must pay MANAGEMENT’S attorneys’ fees incurred up to $999.00, and other expenses related to the legal action, including fees paid to a collection agency and court costs, even if rent is paid after the legal action is started. 22. MANAGEMENT’S RIGHT TO ENTER: In accordance with applicable law, MANAGEMENT or its authorized agents may enter the Apartment at any reasonable time to inspect, improve, maintain or repair the Apartment, or do other necessary work, or to show the Apartment to potential new RESIDENTS or buyers. 23. MANAGEMENT’S LEGAL RIGHTS AND REMEDIES: MANAGEMENT may use its legal rights and remedies in any combination. By using one or more of these rights or remedies MANAGEMENT does not give up any other rights or remedies it may have. Acceptance of rent does not waive MANAGEMENT’S right to evict RESIDENT for any past or existing violation of any term of this Lease. 24. LEASE IS SUBJECT TO MORTGAGE: The Apartment building may be mortgaged or may be subject to a contract for deed. RESIDENT agrees that the rights of the holder of any present or future mortgage or contract for deed are superior to RESIDENT’S rights. For example, if a mortgage on the Apartment building is foreclosed, the person who forecloses on the Apartment building may, at their option, terminate RESIDENT’S lease. F. LIABILITY OF RESIDENT AND MANAGEMENT 25. DAMAGE OR INJURY TO RESIDENT OR HIS/HER PROPERTY: MANAGEMENT is not responsible for any damage or injury that is done to RESIDENT or his/her property, guests or their property that was not caused by MANAGEMENT. MANAGEMENT requires that RESIDENT obtain Renter’s Insurance to protect against injuries or property damage. 26. ACTS OF THIRD PARTIES: MANAGEMENT is not responsible for the actions, or for any damages, injury or harm caused by third parties (such as other residents, guests, intruders or trespassers) who are not under MANAGEMENT’S control. 27. RESIDENT SHALL REIMBURSE MANAGEMENT FOR: 1) Any loss, property damage, or cost of repair or service (including plumbing problems) caused by negligence or improper use by RESIDENT, his/her agents, family or guests; 2) any loss or damage caused by doors or windows being left open; 3) all costs MANAGEMENT has because of abandonment of the Apartment or other violations of the Lease by RESIDENT, such as costs for advertising the Apartment. 28. WHEN PAYMENTS ARE DUE: Any amount owed by RESIDENT is due when MANAGEMENT asks for it. MANAGEMENT does not give up its right to any money owed by RESIDENT because of MANAGEMENT’S failure or delay in asking for any payment. MANAGEMENT can ask for any money owed by RESIDENT before or after RESIDENT moves out of the Apartment. 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM G. MISCELLANEOUS 29. FALSE OR MISLEADING RENTAL APPLICATION: If MANAGEMENT determines that any oral or written statements made by RESIDENT in the rental application or otherwise are not true or complete, then RESIDENT has violated this Lease, may be evicted, and may be liable for damages and additional costs and penalties under applicable law. 30. BUILDING RULES AND ATTACHMENTS ARE PART OF LEASE; NO ORAL AGREEMENTS: Any attachments to this Lease are a part of this Lease. If a term of any attachment conflicts with any term of this Lease, the attachment term will be controlling. MANAGEMENT’S building rules are a part of this Lease, and MANAGEMENT may make reasonable changes in these rules at any time by giving RESIDENT written notice. No oral agreements have been made. This Lease and its attachments and any other written agreements are the entire agreement between RESIDENT and MANAGEMENT. 31. NOTICES: All RESIDENTS agree that notices and demands delivered by MANAGEMENT to the Apartment are proper notice to all RESIDENTS, and are effective as soon as delivered to the Apartment Acceptance by : HEAD OF HOUSEHOLD Acceptance by : GUARANTOR/COSIGNER Acceptance by : E-DOC SIGNER OTIS HAWKINS 11/10/2023 MARY WRIGHT 11/10/2023 KATHY FRICKE 11/07/2023 ID : 722F47F3-84BD-4BA5-B8B8-49D02E01BEA4 ID : 14188EA1-4C6E-4E1C-A110-9CF54F159BAB ID : 7920E4B0-52B7-47A8-A67D-1C8886C6861D $GRNTR - S1$ 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM EXHIBIT B Ledger (Attached) 20240621 Eviction Complaint 9016.01.docx 27-CV-HC-24-4157 Filed in District Court 6/20/24, 12:10 PM OneSite State of Minnesota 6/24/2024 11:25 AM Oaks Lincoln Townhomes Hawkins, Otis (Unit 5124) Resident ledger - as of Property date: 06/20/2024 Unit Date Period SubJ Ctrl# Code Description Doc# * Charges Credits Balance Late Charges - N/A-5124 06/06/2024 062024 RESIDENT LATEFEE $190.00 $3202.56 Hawkins N/A-5124 06/01/2024 062024 RESIDENT RENT Rent $2369.00 $3012.56 Water N/A-5124 06/01/2024 062024 RESIDENT WATERREIMB $213.56 $643.56 Reimbursement Trash N/A-5124 06/01/2024 062024 RESIDENT TRASH REIMB $6.00 $430.00 Reimbursement Recycling RECYC N/A-5124 06/01/2024 062024 RESIDENT Reimbursement $5.00 $424.00 REIMBURSE Charge Late Charges - N/A-5124 05/07/2024 052024 RESIDENT LATEFEE $190.00 $419.00 Hawkins N/A-5124 05/01/2024 052024 RESIDENT RENT Rent $2369.00 $229.00 Trash N/A-5124 05/01/2024 052024 RESIDENT TRASH REIMB $6.00 $-2140.00 Reimbursement Recycling RECYC N/A-5124 05/01/2024 052024 RESIDENT Reimbursement $5.00 $-2146.00 REIMBURSE Charge Check Scan - Otis N/A-5124 04/20/2024 042024 RESIDENT 418 PMTOPIRD 61407611 $7794.19 $-2151.00 Hawkins 4/23/2024 Filing fee for eviction N/A-5124 04/12/2024 042024 RESIDENT ATTRNY $302.00 $5643.19 action. Late Charges - N/A-5124 04/06/2024 042024 RESIDENT LATEFEE $190.00 $5341.19 Hawkins N/A-5124 04/01/2024 042024 RESIDENT RENT Rent $2369.00 $5151.19 Trash N/A-5124 04/01/2024 042024 RESIDENT TRASH REIMB $6.00 $2782.19 Reimbursement Recycling RECYC N/A-5124 04/01/2024 042024 RESIDENT Reimbursement $5.00 $2776.19 REIMBURSE Charge Late Charges - N/A-5124 03/06/2024 032024 RESIDENT LATEFEE $190.00 $2771.19 Hawkins N/A-5124 03/01/2024 032024 RESIDENT RENT Rent $2369.00 $2581.19 Water Reimbursement - N/A-5124 03/01/2024 032024 RESIDENT WATERREIMB $201.19 $212.19 10/26/2023 - 01/29/2024 Trash N/A-5124 03/01/2024 032024 RESIDENT TRASH REIMB $6.00 $11.00 Reimbursement Recycling RECYC N/A-5124 03/01/2024 032024 RESIDENT Reimbursement $5.00 $5.00 REIMBURSE Charge Check Scan - Otis N/A-5124 02/23/2024 022024 RESIDENT 422 PMTOPIRD 10919209998 $10.00 $0.00 Hawkins Check Scan - Otis N/A-5124 02/21/2024 022024 RESIDENT 420 PMTOPIRD 61393847 $5512.00 $10.00 Hawkins Eviction Service Fee - N/A-5124 02/09/2024 022024 RESIDENT ATTRNY $85.00 $5522.00 Hawkins Eviction Filing Fee - N/A-5124 02/09/2024 022024 RESIDENT ATTRNY $297.00 $5437.00 Hawkins Late Charges - N/A-5124 02/08/2024 022024 RESIDENT LATEFEE $190.00 $5140.00 Hawkins N/A-5124 02/01/2024 022024 RESIDENT RENT Rent $2369.00 $4950.00 Trash N/A-5124 02/01/2024 022024 RESIDENT TRASH REIMB $6.00 $2581.00 Reimbursement Recycling RECYC N/A-5124 02/01/2024 022024 RESIDENT Reimbursement $5.00 $2575.00 REIMBURSE Charge Late Charges - N/A-5124 01/06/2024 012024 RESIDENT LATEFEE $190.00 $2570.00 Hawkins N/A-5124 01/01/2024 012024 RESIDENT RENT Rent $2369.00 $2380.00 Balance $3,202.56 https://oakspropertiesllc.onesite.realpage.com/shell_cb/shellchild.htm?c=111100011111000101001111001000000010000010000000001010000000000… 1/2 27-CV-HC-24-4157 Filed in District Court 6/20/24, 12:10 PM OneSite State of Minnesota 6/24/2024 11:25 AM Unit Date Period SubJ Ctrl# Code Description Doc# * Charges Credits Balance Trash N/A-5124 01/01/2024 012024 RESIDENT TRASH REIMB $6.00 $11.00 Reimbursement Recycling RECYC N/A-5124 01/01/2024 012024 RESIDENT Reimbursement $5.00 $5.00 REIMBURSE Charge First month free N/A-5124 12/05/2023 122023 RESIDENT CONC/SPECL $2375.00 $0.00 special Check Scan - Otis N/A-5124 12/03/2023 122023 RESIDENT 404 PMTOPIRD 9679 $200.00 $2375.00 Hawkins 12/4/2023 Check Scan - Otis N/A-5124 12/03/2023 122023 RESIDENT 404 PMTOPIRD 9668 $500.00 $2575.00 Hawkins 12/4/2023 Check Scan - Otis N/A-5124 12/03/2023 122023 RESIDENT 404 PMTOPIRD 9646 $500.00 $3075.00 Hawkins 12/4/2023 Check Scan - Otis N/A-5124 12/03/2023 122023 RESIDENT 404 PMTOPIRD 9657 $500.00 $3575.00 Hawkins 12/4/2023 N/A-5124 12/01/2023 122023 RESIDENT RENT Rent $2369.00 $4075.00 Trash N/A-5124 12/01/2023 122023 RESIDENT TRASH REIMB $6.00 $1706.00 Reimbursement Recycling RECYC N/A-5124 12/01/2023 122023 RESIDENT Reimbursement $5.00 $1700.00 REIMBURSE Charge NSF Check Fee - N/A-5124 11/16/2023 112023 RESIDENT NSFFEE $30.00 $1695.00 Hawkins Account Frozen N/A-5124 11/13/2023 112023 RESIDENT 998 PMTOPACH ZRSNGLFQA01 $-1665.00 $1665.00 (R16) Resident PR - N/A-5124 11/10/2023 112023 RESIDENT RESIDENTPR $1.00 $0.00 Hawkins N/A-5124 11/10/2023 112023 RESIDENT RENT Rent $1658.00 $1.00 Trash N/A-5124 11/10/2023 112023 RESIDENT TRASH REIMB $4.00 $-1657.00 Reimbursement Recycling RECYC N/A-5124 11/10/2023 112023 RESIDENT Reimbursement $4.00 $-1661.00 REIMBURSE Charge WelcomeHome ACH N/A-5124 11/10/2023 112023 RESIDENT 417 PMTOPACH payment -- Otis ZRSNGLFQA01 $1665.00 $-1665.00 Hawkins Payment N/A-5124 11/07/2023 112023 RESIDENT 935 PMTOPIRD (PMTOPIRD) moved 8409 $-340.00 $0.00 to Deposit ledger Check Scan - Otis N/A-5124 11/07/2023 112023 RESIDENT 412 PMTOPIRD 8409 $400.00 $-340.00 Hawkins Payment (PMTOPCARD) N/A-5124 10/30/2023 102023 RESIDENT 935 PMTOPCARD CGLKCLFQA02 $-60.00 $60.00 moved to Deposit ledger Otis Hawkins Online N/A-5124 10/30/2023 102023 RESIDENT 428 PMTOPCARD CGLKCLFQA02 $60.00 $0.00 Payment Fee Online Application N/A-5124 10/30/2023 102023 RESIDENT APPFEE $60.00 $60.00 Fee Balance $3,202.56 https://oakspropertiesllc.onesite.realpage.com/shell_cb/shellchild.htm?c=111100011111000101001111001000000010000010000000001010000000000… 2/2 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM EXHIBIT C Notice (Attached) 20240621 Eviction Complaint 9016.01.docx 27-CV-HC-24-4157 Filed in District Court State of Minnesota 6/24/2024 11:25 AM Oaks Properties LLC 3550 East 46th Street, Suite 120 Minneapolis, MN 55406 Office: (612) 874-1102 Date of this Notice: 06/06/2024 Resident: Otis Hawkins Resident Address: 5124 Lincoln Cir. Edina, MN 55436 Dear Otis, You currently have a past due balance. The total amount due is: $3,202.56. A specific accounting of the total amount due from unpaid rent, late fees, and other charges under the lease is included with this letter. The name