Motion for Writ in CEDARS 94 APARTMENTS LP vs Jerald Alexander, John Doe, Jane Doe| Trellis.Law

On June 24, 2024 a Complaint-Civil Party: Plaintiff CEDARS 94 APARTMENTS LP Index #1 was filed involving a dispute between Cedars 94 Apartments Lp, and Alexander, Jerald, for Eviction (UD) in the District Court of Hennepin County.

Preview
27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: HOUSING

Cedars 94 Apartments, LP,

Plaintiff, COMPLAINT

vs.

Jerald Alexander (dob 01/20/1988),
John Doe, Jane Doe,

Defendant.

Parties

1. Plaintiff is Cedars 94 Apartments, LP. Plaintiff is a Landlord as that term is defined
in Minn. Stat. § 504B.001, Subd. 7.

2. Defendant is Jerald Alexander. Defendant is a Residential Tenant as that term is
defined in Minn. Stat. § 504B.001, Subd. 12.

The Lease

3. There is a written lease between the parties and it is attached to the Complaint as
Exhibit A.

4. The address of the property in the Lease is 2200 East Franklin #324, in the City of
Minneapolis, County of Hennepin, State of Minnesota, Zip Code 55404.

5. The tenancy is not affected by a federal or state housing subsidy program through
project-based federal assistance payments; the section 8 program; the LIHTC program
or any other similar program.

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27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM

Conditions Precedent

6. All necessary conditions precedent have been performed or have occurred.

7. Plaintiff has complied with Minn. Stat. § 504B.181 by:

a. disclosing to tenant either in the rental agreement or otherwise in writing prior
to the beginning of the tenancy the name and address of: 1) the person authorized
to manage premises; and 2) an owner or agent authorized by owner to accept
service of process and receive and give receipts for notice and demands, AND
b. posting in a conspicuous place on the property a printed or typewritten notice
containing the above information in the lease, OR
c. the above information is known by or has been disclosed to the tenant not less
than 30 days before the filing of this action because of communications from
landlord.

Count 1: Eviction – Non-payment

8. A detailed, itemized accounting or statement listing the amounts owing is attached to
this Complaint as Exhibit B.

9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly
delivered. That notice is attached to this Complaint as Exhibit C.

10. In addition to the arrearages identified in the immediately preceding paragraphs,
pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored
to possession, Defendant(s) may be required to pay to the landlord or bring to court
the amount of the rent that is in arrears, with interest, costs of the action, and an
attorney’s fee not to exceed $5, and by performing any other covenants of the lease –
including amounts that become due during the pendency of this action.

11. The total amount required to redeem the tenancy is $1,274.75 + $377.00 (costs of the
action – filing fee and service fee) for a total of $1,651.75, plus any additional
amounts, or other covenants of the lease which may become due during the pendency
of this action. The amount pled may not include all money owing under the lease.

12. Defendants’ military status is unknown.

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27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM

Request for Relief

1. Plaintiff seeks judgment against Defendant and an Order for possession of the property
and the issuance of an immediate Writ of Recovery.

2. Plaintiff seeks all allowable costs and disbursements of the action.

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.

Dated: June 24, 2024 HANBERY & TURNER, P.A.
/s/ Douglass E. Turner
Douglass E. Turner, #0279948
33 South 6th St. Suite 4160
Minneapolis, MN 55402
Tele: (612) 353-4388
EM: hnc@hnclaw.com
Attorney for Plaintiff

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27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM

RESIDENTIAL LEASE -

"
THE MINNESOTA ATTORNEY GENERAL'S OFFICE HAS CERTIFIED THAT THIS'LEASE
COMPLIES WITH THE MINNESOTA PLAIN LANGUAGE CONTRACT ACT.
(Minnesota Statutes, Sections 325629025636) Certiﬁcation of a contract by the Attorney General under ,

the piain language contract act is not otherwise an approval cfthe contracts legality or
legal effect were
RESIDENT': (ﬁst ail persons responsible for this Lease) Jerald Alexander '

CO-SIGNER: '

ADDITIONA OCCUPANTS: (list other persons who will live in the apartment)

MANAGEMENT: Cedars 94 Limited Partnership DIBIA Cedars'94 Apartments

STREET ADDRESS OF PREMISES 2220 East Franklin #324. Minneapolis, MN 55404-2216
("Apartment"): .

APARTMENT NO.: 324 . DURATION OF LEASE (enter number of months or mcnttI-to-monttr): '12 months
LEASE START DATE: 12/0712023
'

LEASE END DATE (at 12 noon): 1213112024 -

NOTICE PERIOD: Two Month Written Notice LATE FEE(S): 8% of the amount due from Resident if received by Management
after the 3rd day of the month.
Monthly Apartment Rent $1288.00 .
Other Monthly Charges Garage(s): I 0 SECURITY DEPOSIT: $400.00
'
6 Mo Fee: $0 ANIMAL DEPOSIT: 30m
.9 Mo Fee: $0 Non-Refundable Admin Fee: $125.00
M to M Fee: $0.00 Non-Refundable Animal Fee: $0.00
Animal Fee: $0 Last Months Rent: $0
Other Fees: $5.00
Total Monthly Apartment Rent $1,293.00
UTILITIES INCLUDED INRENT: (Llstthosethetapply) None x The premises were constructed prior to 1978.
UTILITIES PAID BY RESIDENT: (List those new» wet" 3m" T'aSh'
gfgmc'ty xSeeattached disclosure of information.
(The following is required by Minnesota Statutes. Section 5043.181)
Authorized Manager of Apartment: Farzana Khan
Address: Cedars 94 Limited Partnership DIBIA Cedars 94
Apartments
2220 E Franklin Ave. Minneapolis, MN 55404-2216
An owner of the premises or an
agent authorized to accept service of process and receive and give receipts for notices and demands is
Name: The Goodman Group. LLC
Address: 1107 Hazeltine Boulevard, Suite 200
City. State, Zip: Chaslra. Minnesota 55318
*Where appropriate. singular terms used in this Lease include the
plural. and pronouns of one gender tnctude botlr genders.

Additional Agreements (If any): NIA
Techno! subscri tions such as cable television. intemet and hone service is the ﬁnancial res onsibtl' of the resident. -

Management (acting as agent for the ovmer of the premises) 'andResident agree to the terms of this Lease and
any attachments that may be made
part ofthis Lease.
i
.
.

MANAGEMENT
Lease SI
Cedars 94 Limited Partnership

rKWUVI
DIBIA Cedars 94 Apartments
'
Lease Sinner
BY '

'
. .
(Lease Signer)
Its Property Manager '

A} "'I " '2. 3 (Lease Signer)
.

Date Signed '
Date Signed

Resident acknowledges receipt of this Lease by signature on this document.

.1
'

VERSION:0ctobei12.2023TM

EXHIBIT A
27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM

Teams 0F 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 ls in effect and during any extensions or renewals of this Lease. Rent Will be
paid as teqmred by
Management

WHO IS RESPONSIBLE FOR RENT: Each Resident is individually responsible for
paying the full amount of rent
and any other money owed to' Management In the event-of Resident's death, Resident's estate shall
pay the
balance of the rent due under this Lease, less any rent Management may collect from
subsequent'residents
during said lease term.

DUTY T0 PAY RENT AFTER EVlCTlON: if Resident is evicted because Resident violated a tenn'ofthis
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 this 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 he responsible for the difference until the DATE THIS LEASE
ENDS or. ifthis Lease is month-to-month, until the end of the next notice period.

LATE RENT FEES: Resident agrees to pay an additional amount
equal to eight percent (8%) of the amount due
LATE FEE ifthe monthly rent or any other amount due hereunder is received
from Resident as'a
by
Management after the 3rd day of the month.

NSF FEE: Resident will pay a fee of $30 for each returned check
(NSF) as well as appropriate late fees.

B. USE OF APARTMENT
6. 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.

SUBLETTING: Resident may not lease the APARTMENT to other
persons (sublet). assign this Lease or sell this
Lease without prior written consent of Management ~

RESIDENT PROMISES: 1) Not to act In aloud, boisterous,
unruly or thoughtless manner or disturb the rights oflthe
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 in any way 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 or explosive
substance; 4) not to interfere in the management and operation of ﬂte'Apartment
building; 5) 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 a) to manufacture, sell.
"
give away.
barter. deliver, exchange. distribute, possess or use any illegal drugs, or to
b) engage in prostitution or any prostitution
related activity, or 'c) to unlawfully use or possess
any ﬁrearm, or d) to allow any stolen property on the premises.
ANIMALS: Resident may not keep animals orpets of any kind in the
Apartment without the written consent of
Management.

c. CONDITION OF APARTMENT
10. Management PROMISES: 1) That the Apartment and all common areas are tit for use as
residential premises; 2) to
keep the Apartment In reasonable repair and make necessary repairs within a reasonable time alter 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.

2 VQSION: October 12. 2023 TM
27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM

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11. RESIDENT PROMISES: 1) Not to damage or misuse the Apartment or waste the utllltles
provided by Management
or allow his/her guests to do so; 2) not to paint or wallpaper the
Apartmen't, or make any structural changes in the
Apartment without the prior written consent of Management; 3) to keep the Apartment clean; 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 iumlshing 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 walls and
away from
'
allowing exterminator to enter and treat the Apartment.
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 cancel this Lease
immediately and may choose not to rebuild or restore the
Apartment. If the destruction or damage was not Resident's fault and Management'cancels this
Lease, rent will be
pro-rated and the balance will be refunded to Resident.

DURATION OF LEASE

14. FAILURE TO GIVE POSSESSIONzilf Management cannot provide the
Apartment to Resident at the start of this
Lease. Resident cannot sue Management for any resulting damages but Resident will not start
paying rent until
helshe gets possession of the Apartment.

15. MOVING OUT BEFORE LEASE ENDS: lf 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 and reasonable
attorney's fees.

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 faiis to give proper notice,
Management may a) extend this Lease for one NOTICE
PERIOD and b) raise the rent. If Resident stays in the
Apartment atter the DATE THIS LEASE ENDS. with the
approval of Management, and Resident and Management have not renewed this Lease or entered in to 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 LEASE: When this Lease ls
month-to month,
Management and Resident may terminate this Lease only by giving the other
party written notice equal to the
NOTICE PERIOD. A nob'ce to cancel 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, Residentwill be liable to
Management for any resulting losses
including rent, court costs and reasonable attorney's fees.

. RIGHTS OF MANAGEMENT
19. EVICTION: If Resident violates
any of the terms of this Lease. Resident may be evicted immediately and without
prior notice. If Resident is evicted but does not move out
voluntarily, Management may bring an eviction action. If
Resident violates a term of this Lease but
Management does not sue or evict Resident. Management may still sue
or evict Resident forany othervlolation of
any term of this Lease. Understate law. a lawful seizure from any Apartment
of any illegal object or substance.
including drugs. constitutes unlawful possession of the Apartment by the Resident.
'

and is grounds for an automatic eviction. -

3 VERSION: October 12. 2023 TM
27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM
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20. EVICTION AFTER PARTIAL PAYMENT 0F 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 0t rent owed Management.
21. ATTORNEY'S FEES AND ENFORCEMENT COSTS: lf Management brings any
legal action against
Resident must pay reasonable Resident.
Management's orattorney's tees, other legal fees and expenses including fees paid
to a collection agency, expenses. and court costs even if rent is
paid after the legal action is started.
22. MANAGEMENT'S RIGHT TO ENTER:
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 toevict Resident for any past or
existing violationlof any term of this Lease.
24. LEASE IS SUBJECT TO MORTGAGE: The Apartment
building may be mortgaged or may be subject to a contract
deed. Resident agrees that the
rights of the holder of any present or future mortgage or contractfor 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 0R HISIHER
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 strongly recommends that Resident obtain Renter's insurance to
protect against injuries or property
damage.
i
26. ACTS OF THIRD PARTIES: Management is not responsible for the actions, or for
caused by third parties (such as other any damages. injury or harm
residents, guests, intruders or trespassers) who are not under
control.
'
Management's

27. RESIDENT SHALL REIMBURSE MANAGEMENT FOR' 1) Any loss,
property damage, or cost of repair or service
ancludtng 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 this Lease
by Resident. such as costs for advertising the
Apartment; and 4) all court costs and reasonable attomey's fees
Management has in any suit for eviction, unpaid
rent, or any other debt or c'harge.

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. I
' '

. MISCELLANEOUS
29. FALSE OR MISLEADING RENTAL APPLICAﬂON: If Management determines that
any oral or written statements
made by Resident in the rental application or otherwise are not true
or complete in any way. then Resident has
violated this Lease and may be evicted. ' '

30. BUILDING RULES AND ATTACHMENTS ARE PART OF LEASE; NO ORAL AGREEMENTS: Any attachments to
this Lease are a part of 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 are the entire
agreements agreement between Resident and
Management

4 VERSION: Gotcha 12. 2023 TM
27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM

"\m/

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.
32. USE 0F AMENITY AREAS: Resident and theirguests shall
campiy with all rules. policies and regulations regarding
amenities posted within or around the pool, ﬁtness room, or
any other community amenity area, or as stated in the
Community Reference Guide. Violations of any such rules, policies and regulations may result in a Lease violation.
Smoking is strictly prohibited in any common or amenity area. Resident agrees to indemnify and hold
Management,
its agents
and their respective owners. ofﬁcers. and employees. harmless from and against any claim, damage,
injury, toss, cost or expense. including reasonable attomeys' fees. arising from Resident's or Resident's
guests' use
of any amenity within the community. Please refer to the
community webpage for a complete list of amenities. You
assume all risk in using the amenities.

33. BARBECUlNG, GRILLS AND FLAMMABLE SUBSTANCES: Out of concern for ﬁre safety,
Management prohibits
barbecuing, grilling, and the storage of any grills and ﬂammable substances on patios and decks of apartment homes.
. PRIOR TO MOVE IN: At time of move in, all lease holders must
present avalld government issued photo
identiﬁcation. Keys will not be issued without the proper identiﬁcation of all leaseholders.

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5 VERsrort October12, 2023 TM
27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM

LEASE ADDENDUM FOR CRIME FREE/DRUG FREE-HOUSING

In consideration of ihe execution or renewal of a lease between
Management and Resident ("Lease") for the dwelling unit
identiﬁed in the Lease, Management and Resident hereby as follows:
agree

1. Resident, all members of Resident's household. Resident's guests, and any other persons who
may enter Resident's
dwelling unit shall not engage in any iltegal activity, including drug-related illegal activity, on or near the dwelling unit or
premises identiﬁed in the Lease ("Premises"). "Drug-related activity" means the manufacture.
production, dellvery,
distribution, dispensing, sale. purchase, possession or use of a controlled substance
(as such terms are deﬁned in Section
802 of the Controlled Substance Act (21 U.S.C. 802)) or the
possession of drug paraphernalia.

2. Resident. all members of Resident's household. Resident's
guests, and any other persons who may enter Resident's
dwelling unit shall not mgage in any act intended to facilitate illegal activ'ny, including
drug-related illegal activity, on or near
the Premises. - '

3. Resident. all members of Resident's household, Resident's
guests. and any other persons who may enter Resident's
dwelling unit shall not germit the dwelling unit to be used for or to facilitate
any illegal activity, including drug-related illegal
activity. regardless of whetheror not the individual engaging in such activity is a member of Residen
t's household or a guest
or any other person who may enter Resident's ' '
dwelling unit

4. Resident and members of Resident's household shall not
engage in the manufacture. production, delivery, distribution,
dispensing. sale, purchase. possession or use of illegal drugs at
otherwise.
gay location, whether on or near the Premises or

5. Resident, all members of Resident's household. Residents
guests, and any other persons who may enter Resident's
dwelling unit shall not engage in acts of violence or threats
of violence, including without limitation. the unlawful discharge of
firearms, prostitution, criminal street gang activity, intimidat
ion, or any other breach of the Lease that othenNise
the jeopardizes
safety, or welfare of Management, or its employees. represen
tatives. or agents or other residents of or visitors to
the gealth,
remises.

6. RESIDENT ACKNOWLEDGES AND AGREES THAT A VIOLAT
ION OF ANY OF THE ABOVE PROVISIONS
SHALL BE A MATERIAL VIOLATION OF TI-IE LEASE AND GOOD CAUSE
4
FOR TERMINATION OF THE LEASE AND
RE§IDENT'S TENANCY. '

is understood and agreed that a single violation of
It
any of the provisions of this Addendum shall be deemed a serious
violation and material non-com
pliance with the Lease and shall be good cause for termination of the Lease. Unless
otherwise provided by law. grogf of any such violation shall not
reguire criminal conviction' but shall be by a
preponderance of the evidence.
7. in case of conﬂict between the
provisions of this Addendum and any other provision of the Lease. the
this Addendum shall govern. provisions of

8. This Addendu is hereb incorporat into the Lease. Resident acknow
ledges receipt of this addendum by signature
of docume t. '

... Cedars 94 Limited Partnership i

Resident DIBIA Cedars 94 Apartments

Resident
' Inf/t r
Authorized

Resident Date
Re'i'rreseTattve
'
\' '
Resident

Version: March 21, 2014 TM
27-CV-HC-24-4162
Filed in District Court
State of Minnesota
6/24/2024 1:08 PM

Cedars 94 Limited Partnership D/B/A Cedars 94 Apartments

Disclosure of Information on Lead-Based Paint and Lead-Based Pant Hazards
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Leadﬁom paint, paint chips, and dust can pose
health hazards ifnot managed properly. Lead exposure is especiall)»
harmﬁrl to young children and pregnant
women. Before renting pre-l 978 housing, landlords must disclose the

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Document for CEDARS 94 APARTMENTS LP vs Jerald Alexander, John Doe, Jane Doe

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