Motion for Writ in Arrow Lexington, LLC vs Tiffanie Lawson, John Doe, Mary Roe| Trellis.Law

On June 24, 2024 a Complaint-Civil Index #1 was filed involving a dispute between Arrow Lexington, Llc, and Lawson, Tiffanie, for Eviction (UD) in the District Court of Ramsey County.

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62-HG-CV-24-1761
Filed in District Court
State of Minnesota
6/24/2024 10:29 AM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
____________________________ Case Type: Eviction

Arrow Lexington, LLC

Plaintiff

v. EVICTION COMPLAINT

Tiffanie Lawson, John Doe, Mary Roe

Defendant(s)
_____________________________

Donald Perron, attorney for Plaintiff, states and declares as follows:

1. Plaintiff Arrow Lexington, LLC is a Limited Liability Company, with its registered
office address at 5290 Villa Way, Edina, MN 55436. Plaintiff is owner of the rental premises
in question.

2. Defendant(s) Tiffanie Lawson is/are a Minnesota resident(s) who leased by written
agreement the premises at 2765 Lexington Ave. Apt. F, Roseville, Minnesota 55113, Ramsey
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
$1,855.00 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 $1,703.40 through June 2024, plus the costs of this
action including but not limited to the costs and disbursements of this action set forth below,
plus any amounts that become due during the pendency of this action. The Defendant(s) is/are
still in possession of the premises.
62-HG-CV-24-1761
Filed in District Court
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5. A detailed itemized accounting is attached hereto and made a part hereof.

6. The written notice required by Minn. Stat. §504B.321 Subd. 1a was 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 $300, convenience fee of $5.00, and process service fee of
$75.00 for total statutory costs of $380.00 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
62-HG-CV-24-1761
Filed in District Court
State of Minnesota
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Apartment Lease Renewal
Data Page 1
Account #: 203494 Unit #: 2765F
-
, Community:
Arrow Lexington Apartments, LLC
R°;'i:f:iiit£.1),aws on
2765 Lexington Ave APT F

Other (list all minor children ) Rosevrlle, MN 55 "3
Age
Kyla Lawson 6 Garage/Loekor/PIug-In:
Garage #
Locker #
Lease Term (months) 12
Lease Start Date 5/1/2024
Expiration Date 4/30/2025
Deposit"):
Performance Deposit $500.00 Gar/Locker/Plug-In Mthly Rent $0.00
Pet Deposit $200.00 Total Monthly Rent:
Additional Deposit $1,780.00 Aparmem Rent: $1,855.00
Other: (GarDep/SatDep) 30-00
Garage(s)/Plug-In Rent: $0.00
Total Deposits $2,480.00 Locker Rent: $0.00
Pet Rent: $0.00
Water/ Sewer/T rash Charges: $0.00
_
Short Term Rent: $0.00
Original Move-In Date 11/11/2022 Other Rent: $0.00
Total $1,855.00
Terms: .
Owner Pays: Resident Pays:
Lease Term (Months) 12
Lease Start Date 5/1/2024 Heat X Heat
Expiration Date" 4/30/2025 Water X Water
Electric X Electric
Trash X Trash
*See Paragraph 16 "Moving Out" and Paragraph 17 F9",-
"Renewal of the Lease" regarding notice required. Late Fee (8% of overdue rent and charges)
Resident may not give notice for move-out date in NSF Fee 33000
November, December & January. Liquidating Damages/Lease Break Fee $3,710.00
Short Term Fee 150.00

The community WAS constructed prior to 1978 and I/we received Lead Disclosure and Pamphlet.
X The community WAS NOT constructed prior to 1978.

As required by Minnesota Status Section 5043.181, This Lease and the Community Rules are legally binding
Resident is advised that an agent authorized to documents. Each Resident acknowledges receipt of a copy
accept services of process and receive and give of a 18 page Lease, the Community Rules, Care and
receipts for notices and demands is: Maintenance Guide, Smoke Free Policy Agreement, and
High] and Managernent Group, Inc. Package Agreement. Make sure you read and understand the
5290 Villa Way Lease, Community Rules, and all accompanying documents
Edina MN 55436 before you sign.

OWNER'S MANAGING AGENT:
t"'-'~"'-':~-t'- swim 1 : I" "1
RESIDENT(S):
Val McCall
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62-HG-CV-24-1761
Filed in District Court
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HIGHLAND MANAGEMENT GROUP, INC.
APARTMENT LEASE
TERMS AND CONDITIONS

1. DEFINITIONS: In the Lease, “Owner” means the Owner of the Apartment Community and
anyone working for the Owner or acting on the Owner's behalf. “Resident” means the adult(s) who have
signed this Lease. “Apartment” includes the rental premises, whether an Apartment or townhome, and
any garages, parking spaces, or storage areas identified on page 1. The term Lease refers to the Data
pages of the Lease, these Terms and Conditions, any Addendums to Lease, and the Community Rules, and
Apartment Care Guidelines, and all other obligations in any posted rules, or other regulations at the
property, will be included as lease obligations. The definition of a “Month-to-Month Lease is a lease
where the rent is payable on the first of the month, but either the Resident or Owner can terminate the
Lease by giving notice equal to the Notice Period. With the exception of an Employee Lease, or a Lease
where the Notice Period expressly set forth on the Data Page of the Lease is different, the Notice Period
for any lease with Management is 59-days, with the effective date of a vacate notice being the last
calendar date of a month.

2. ACCEPTANCE OF RESIDENT AND POSSESSION: Resident has submitted to Owner a written
rental application and Owner has relied upon Resident’s information contained in the application to be
true, correct, and complete. If the information is at any time determined to be incorrect, incomplete,
misleading, or false, Resident may be evicted (see paragraph 23). If Owner cannot make the Apartment
available for move-in on the move-in date on page 1, Resident cannot sue Owner for any resulting
expense or inconvenience experienced by Resident. Resident will not have to pay rent for the days the
Apartment is not available due to the Owner’s failure to make the Apartment available on the move-in
date. If Owner is able to make the Apartment available to Resident within one week from the move-in
date, or if Owner can make an alternative apartment available within that time, then this Lease shall
remain in full force and effect. If no apartment can be made available within such one-week period, then
this Lease shall be terminated and neither party shall have any liability to the other except for Owner’s
return of any advance rents or deposits paid.

3. RENTAL OF THE APARTMENT: By this Lease, Resident rents from the Owner the Apartment
and other items identified on the Apartment Lease Data Page 1 or Addendums that may be signed from
time-to-time. If Resident occupies an apartment different from these, this Lease including any Deposits
apply.

4. CONDITION OF THE APARTMENT: It is the responsibility of the Resident to inspect the
Apartment prior to move-in. If within 3 days of taking possession, Resident does not provide Owner with
a completed and signed Move-In Inspection form disclosing damages or deficiencies, it is agreed that
Resident accepts the Apartment in its existing condition with no damages or deficiencies. The approval of
any one Resident as to the condition of the Apartment at move-in or move-out will be relied on by the
Owner as constituting the approval of all Residents who sign the Lease.

The Owner will keep the Apartment in good repair. The Resident will be responsible for any damages and
accidents that are caused by: (a) the Resident; (b) others listed on page 1; (c) Resident’s family members,
guests, or other persons coming to the Apartment because of Resident’s occupancy, or (d) pets/animals.
This includes damages and accidents caused by personal property owned by the same.

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5. PAYMENT OF RENT AND CHECK DISCLOSURE: The Resident must pay the Owner in advance
the monthly rent identified on page 1 on or before the first day of each month. This rent is to be paid as
identified on page 1 or wherever the Owner directs. Owner’s preferred and recommended method of
rent payment is for Residents to pay rent online, through the Resident Web Access online portal. A failure
to accomplish and complete a payment through the online portal, either through operator/user error, or
interruption of the web portal, will not count as timely payment of rent. Personal checks or web
payments for rent payment will not be accepted after the seventh day of the month and thereafter rent
needs to be paid in the form of a cashier’s check or money order. Personal checks may also be refused if
Resident has tendered one or more NSF or dishonored checks. If a personal check is dishonored or is not
paid for any reason, including any closure of the account, insufficient funds, any stop payment by
Resident, or any bank error that might not be the fault of Resident, but results in Owner not receiving
timely payment, all applicable late fees and an NSF/service fee, as shown on the first Data Page of the
Lease, will be charged and payable. When you provide a check as payment, you authorize us to either
use the information from your check to make a one-time electronic funds transfer from your account or
to process the payment as a check transaction. When we use information from your check to make an
electronic funds transfer, funds may be withdrawn from your account as soon as the same day you make
your payment, and you will not receive your check back from your financial institution. Any Resident who
does not wish to have personal checks converted to ACH ARC payments can request information for opt
out instructions. However, Residents making an opt out request may be required to pay monthly rent in
the form of a third-party money order or cashier’s check. The full monthly rent must be paid even if the
Resident believes that maintenance work is needed. Acceptance of partial payment of rent, whether
current or past due amounts, does not waive Owner’s right to start an eviction action or to continue one
that has already been started.

6. FEES AND OTHER CHARGES: If the Owner does not receive the rent before the fourth (4th)
day of the month, the Owner will charge a late fee as identified on page 1. Resident will also pay a fee as
shown on page 1 for each NSF check or the maximum allowed by Minnesota Statute ' 332.50, whichever
is lesser. In the case that a legal action (eviction) is necessary in order to recover possession of the
premises, Resident(s) shall pay all expenses incurred, including sheriff’s fees, court costs, court filing fees,
and actual attorneys’ fees paid. Resident shall further be responsible for all other court costs and
disbursements, and fees or percentages charged and paid to, or deducted from amounts owed and
collected, by any collection agency or law firm that is used by Owner or agent to enforce its rights under
this Lease. Owner shall be entitled to bill and collect from Resident its actual costs and attorneys’ fees
paid, whether or not a court case or collection action has been filed. If a court action is brought by either
the Owner or Resident to enforce the terms of this Lease, including any eviction action, the prevailing
party may recover reasonable attorneys’ fees, but only to the extent that such party has actually paid
attorneys’ fees and is seeking a reimbursement. Notwithstanding the foregoing, the maximum amount of
attorney's fees that may be recovered by any party in any legal action shall be capped at $1,500.
Resident shall pay any court costs and other fees owed before paying rent for any given month. If
Resident is evicted because Resident violated a term of this Lease, Resident must still pay the full monthly
rent until the Apartment is re-rented or the date this Lease ends. Owner may alternatively collect as
Liquidated Damages the sum of two months rent. See paragraph 24. All amounts of rent, or other
damages or fees, owed by Resident to Owner but not paid when due or on demand shall bear interest at
the rate of 8% per annum.

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7. EACH RESIDENT RESPONSIBLE: Each Resident who signs this Lease and/or Addendum(s) to
Lease is responsible for all of the obligations under this Lease and/or Addendum(s). In other words, each
Resident alone may be held responsible for all of the obligations under this Lease.

8. RESIDENT PROMISES: Only the Resident and Other(s) listed on page 1 may live in, use, or
regularly stay at the Apartment. Persons not listed as Residents may only live in, use or regularly stay at
the Apartment with Owner’s prior written consent, which consent may be conditioned on such persons
being screened, paying any required fees or lease change fee and signing this Lease (or Addendum to
Lease) as additional Residents. Only person(s) identified as Resident on page 1 shall be issued Certificates
of Rent Paid by Owner per Minnesota statutes. The Resident agrees:

a. To use the Apartment only for residential purposes. No business or commercial use is
permitted without Owner's prior written consent. Telework that does not bring any
customer or business mail or packages to the building is permitted. Babysitting for a family
member, friend or relative, without any consideration or payment, on a limited basis is
permitted. Any regular childcare for children not on the lease is prohibited.
b. Not to use the Apartment for any purpose that might threaten the safety of the building or
other Resident(s) or any employee or representative of Owner.
c. To comply with all Apartment Community Rules, including any posted rules, notices or
signage of Management.
d. Not to disturb other Residents, Owner or Owner’s agents, or neighbors or businesses
adjoining the rental community.
e. Not to allow dangerous and illegal activities.
f. To keep the Apartment clean, sanitary, free from excess clutter and personal property, and
to timely remove and properly dispose of all trash and recyclables. If, after any inspection
by Management or notice from any code enforcement official, lender, insurance agent, or
other, Management issues a notice to Resident to remedy any deficiency in the apartment,
any garage, or storage area, Resident shall timely remedy and correct such condition.
g. Not to waste or misuse any utilities, appliances or part of the Apartment or Common Areas.
h. Not to allow animals in the Apartment or common areas unless Owner's prior written
consent is obtained.
i. To notify Owner in writing of any conditions that may cause injury, require repair, or affect
the habitability of the Apartment.
j. During the term of the Lease and when Resident moves out, to pay for any and all damages
other than reasonable wear and tear including but not limited to costs incurred to eliminate
odors or staining related to tobacco, smoke, food, cooking, animal or other stubborn and
lingering, stains and odors. Actions taken to remove or remediate such staining or odors
shall be considered beyond ordinary wear and tear.
k. Not to have excessive numbers of visitors or frequent visitors. Resident may not allow any
person to use, stay at, or share the Apartment whether or not for a fee or other
consideration (i.e., home sharing, swapping service arrangements are prohibited). Resident
may not allow persons to stay at, "house-sit," or use the premises when Resident is absent.
l. To not look to Management for any loss, damage, including temporary lodging costs,
damage to property or vehicle, loss for interruption of use, claim for any reimbursement or
payment for any damages or injury that could have been covered by a renter’s insurance
policy that would include coverage for damage to personal property or interruption or loss
of use of the rental premises due to any accident or casualty at the premises.
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m. To comply with all recycling requirements as they may be set by the Owner, or any trash
and rubbish supplier, or by law from time to time throughout the Lease.
n. To conserve utilities furnished by the Owner. Resident shall promptly pay, and maintain
continuous service, for all utilities and services to be paid for by Resident under this Lease.
Failure to pay any utility, or a notice of shut off of any utility, is a breach of this Lease and is
grounds for an eviction. This obligation shall extend to any garbage collection, recycling, or
other monthly service that is Resident’s responsibility under the Lease. All utility costs are
Resident’s responsibility under the Lease for the full term of the Lease. Failure to set up and
maintain utilities or services that are resident’s responsibility may result in assessment of a
charge of $125.00 in addition to the costs for any utilities or services that need to be paid
by Owner or Management that are Resident’s responsibility.
o. To pay for any and all painting, cleaning and shampooing costs if occupancy is less than a
six-month period. Payment of the short-term rent/fees does not reduce or eliminate your
obligations to pay these charges.
p. Not to use or store, generate or dispose of on or near the Apartment or any garage or
storage locker any flammable, explosive, or environmentally hazardous substance.
q. In accordance with the Minnesota Clean Indoor Air Act, smoking in any indoor area of the
building or under any covered structure, is a violation of law. As of January 1, 2022, smoking
is not permitted within 25 feet of a structure at the premises.
r. Not to interfere in the management and operation of the Apartment community. Any form
of harassing, discriminatory, inappropriate, or unreasonably confrontational
communications with Management staff, or any service provider or vendor, is considered
interference with Management.
s. Not to keep a waterbed or other water filled furniture in the Apartment without the prior
written consent of Owner.
t. Not to use the Apartment, common areas, or areas surrounding the Apartment to
manufacture, sell, give away, barter, deliver, exchange, distribute, or possess any illegal
drugs, controlled substances that are not held with a prescription in the name of Resident,
or drug paraphernalia.
u. Not to engage in any nuisance or disturbance activity that could jeopardize, or result in any
notice given to Owner, under any local law or rental license ordinance.
v. Resident acknowledges that any unlawful activity under Minnesota Statute Section
504B.171 will void the Resident’s right to possession of the Apartment and is grounds for an
automatic eviction.
w. Not to make or permit any noises, music, or conduct or action of the Resident, Resident’s
vehicle, children, guests or visitors that will interfere with the peaceful enjoyment of the
community, rights, comfort, or convenience of other residents or disturb other residents.
Residents shall refrain from loud voices, yelling or using vulgar or offensive language,
actions or gestures. Televisions, radios, stereos, surround sound systems, computers, music
or game players/systems shall have volume and bass levels adjusted so as not to disturb
other residents. Residents may not own or operate exercise equipment or play musical or
other rhythm instruments in a way that causes noise or vibration disturbance for other
residents in other apartments or common areas of the building.
x. Resident agrees to read and follow any use, care, maintenance, or cleaning guidelines that
are specified in any Resident Handbook or Apartment Care Guidelines or otherwise online
and available. Resident’s failure to follow instructions and apartment/townhome care

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guidelines will result in Resident being responsible for any repairs, replacement, or
damages.
y. Not to store excessive amounts of personal property, or any other materials in the
apartment. If in Management’s sole discretion, Resident has excessive personal property or
other materials in the unit so that space within the unit is unduly cramped and ingress or
egress within the unit is restricted in a way that Owner believes could cause health and
safety hazards, or inhibit the ability of any heating or air conditioning system to perform
with adequate air flow for climate and humidity control, or to allow access for first
responders, and maintenance to access all areas of the unit for inspections, repair and
maintenance, that could provide a harborage for pests, or create fire safety risks,
Management may require Resident to remove such personal property from the unit and/or
procure a storage space for the storage of such property at Resident’s sole expense.
z. Resident may not bring any additional appliances to the unit without Management’s prior
written consent including, but not limited to, any dishwashers, washers, dryers, water filter
systems, bidets, freezers, refrigerators, or any water filtration system.
aa. Not to post any sign or display in any door, window, or other glass that would be visible
from the street and could detract from the uniform appearance of the building. No sign or
decor may be posted on any external door, or internal hallway door, except as permitted by
Management.

Violation of any of the above agreements by Resident, Resident’s family members, guests, or any third
person at Resident’s Apartment or coming to the Apartment because of Resident’s tenancy may be
grounds for eviction.

9. NO ALTERATIONS PROHIBITED ITEMS: Unless the Resident receives written consent from
the Owner, the Resident agrees:

a. Not to change any part of the Apartment, Building or Common Area.
b. Not to use, install or store any privately owned washers, dryers, heaters, air conditioning,
satellite or antenna system.
c. Not to paint, wallpaper or alter the Apartment or use any glue or adhesive.
d. Not to modify or decorate any patio or balcony that may be part of Resident’s Apartment.
e. No electric cords, wires or cables may be run from the Apartment to any outside area.
f. Not to use or store in the Apartment, or any garage or storage area, any grills, outdoor
cookers, propane tanks, camp stoves or similar.
g. Not to remove or alter any window stop, bar, lock, or similar, that may be in place in any
window to prevent a child or animal from opening a window far enough that an accident or
from pushing on the screen could result in a fall or other injury. Residents are advised that
screens are not intended to protect against any weight or force or to prevent falls.

Any changes that are made by the Resident will become the property of the Owner when the Resident
moves out. The owner may, however, direct the Resident to remove them and/or restore the Apartment
to its original condition at the Resident’s expense.

10. ANTENNAS AND SATELLITE DISHES. Antennas, satellite dishes, and similar reception
devices may not be installed on any portion of the Apartment premises, without first obtaining Owner’s
written consent. To obtain rules regarding the installation of satellite dishes or antennas and
requirements for Owner’s consent, contact the office. Antennas, satellite dishes, and similar reception

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devices may never be installed in or on any Common Area including the roof, grounds, or building walls.
In most cases, a wireless method of installation is feasible and will be required. No installation may make
holes in any surface or run wires or cords through doors, windows, or walls.

11. FIRE PROTECTION AND DETECTION DEVICES: Each Apartment is equipped with a smoke
detector. Some Apartments may be equipped with one or more carbon monoxide detectors. It is the
responsibility of the Resident to test the smoke detector and any carbon monoxide detectors to ensure
that each detector operates properly. At the time the Apartment is rented, Owner tests each detector.
For detectors requiring a battery, periodic testing, inspection, and battery installation is performed by
Owner. It is Resident’s responsibility to periodically test any battery and replace any battery, or notify
Owner’s management office, if any detector does not test as working during the term of the Lease or if
any detector indicates that battery is low. Owner assumes no responsibility if any detector is not
maintained by Resident. It is a lease violation and grounds for eviction if any smoke detector is
disconnected, removed, covered, tampered with or otherwise made inoperable by Resident.

12. ACCESS MATERIALS AND LOCKS: Each Resident will be furnished with keys or access
materials such as FOBs or access cards to the Apartment, mailboxes, garages (where applicable) and the
community. Keys and access materials are for Resident use only. It is a violation of this Lease to give or
loan a key to any person that is not an approved resident or authorized occupant under the lease.
Resident may not duplicate any key or change the lock(s) without first obtaining the written consent of
Owner and must furnish Owner with keys for any changed locks. If Resident requests that the locks be
changed due to a lost key or other reason, Resident will be responsible for Owner’s cost for the lock
change. If a Resident fails to timely return all keys and other access materials upon move-out, the
Resident agrees to pay the Owner for replacement or other rekeying/reprogramming expenses. Resident
will be charged for any additional keys, replacement keys or any other additional labor costs incurred as a
result of Resident's loss of keys or access materials. The Resident is not permitted to change the locks or
add any additional locks, chains, alarms, or any home security system without first obtaining the written
consent of the Owner. For purposes of fire, safety, and emergency response and repairs, Resident must
furnish the Owner with keys, or access codes, for any changed locks or other alarm/security system. If it
is necessary for Owner to replace or reprogram locks or access systems, Resident agrees to pay these
charges. Resident will pay any fines or charges incurred as a result of any response to any alarm of
Resident. Management will not give Resident consent to install any security or alarm system that would
bring a third-party to the building. For privacy purposes, Resident may not install any camera or
monitoring device that would view any area outside of the apartment, including any outdoor or indoor
common area. A camera that strictly views internal areas of the apartment, such as a nanny cam, is
permitted without Management’s prior consent. If Owner, or other emergency responder, needs to
break in to obtain access where Resident has added a lock or chain and not given Owner access, Resident
will pay for all repairs. Owner will advise Resident upon request of the current charges for lock
replacement and additional keys and/or access materials.

Residents are advised that the screen doors on apartment patios/balconies often do not have a lock or
other device for securing the door or preventing entry to the apartment. Resident should never leave the
unit without securing and locking the door for any patio/balcony. Resident should use caution for
personal and household safety when in the unit with patio/balcony door open. The patio/balcony screen
door is only designed to prevent or minimize the entrance into the apartment of birds, animals, and
insects. It is not to be used as a secure door. Sliding doors or patio doors on ground floor apartments are
not designed and intended to be used as entrance doors. Patio/balcony, sliding doors are to be used
exclusively for access to any patio or specific outdoor living area. Residents are also advised that windows
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on upper floors, and some unit floor plans, open wide enough that there is a risk of falling or injury if
children or animals were to push against a screen or fall. Screens on upper floor windows are not
intended to prevent or protect against falling. Any Resident wanting to install a window lock, restriction,
bar, or similar to prevent windows or patio door on upper floors, or lower floors, from opening wide
enough that a child or animal pushing against a screen could fall or leave the apartment, may request an
installation by placing a work/service order.

13. MOLD AND MILDEW PREVENTION AND PRECAUTIONS: Mold, mildew, and fungi are
common elements found throughout the indoor and outdoor environment. The presence of these
substances in indoor and outdoor air, on the ground, and in soil is common and is not a source of
problem or injury to most healthy people. However, certain conditions can permit mold, mildew, and
fungi to grow in a way where they could be injurious to individuals or to building materials. It is the
responsibility of every resident to maintain the unit so as to provide appropriate climate and humidity
control, and cleanliness standards, so as to retard and prevent mold and mildew from accumulating in
the unit. Undesirable mold, mildew, and fungi growth is associated with excess water accumulation,
dampness, humidity, and impediment to airflow. Resident agrees to clean and dust the unit on a regular
basis and to remove visible moisture accumulation on windows, walls, and other surfaces as soon as
reasonably possible. Resident agrees not to block or cover any of the heating, ventilation, or air
conditioning ducts in the unit. Resident agrees to use the exhaust fan (if provided) when showering.
Window coverings should permit ample airflow between the glass and air. Resident agrees to
immediately report to Management (i) any evidence of a water leak or excessive moisture in the unit, as
well as in any storage room, garage, or other common area; (ii) any evidence of mold or mildew-like
growth that cannot be removed by simply applying a common household cleaner and wiping the area;
(iii) any failure or malfunction in the heating, ventilation, or air conditioning system in the unit; and (iv)
any inoperable doors or windows. Resident will be responsible for any damage to the unit or Resident’s
property, as well as injury to Resident and members of Resident’s household, resulting from a failure to
comply with this paragraph.

14. PEST CONTROL: Owner will periodically supply pest inspection, prevention and control
efforts in the Apartment. Resident will cooperate with Owner’s pest control requirements including
following any directions for treatment preparation. This may include, among other things, Resident
emptying and cleaning cabinets, drawers and closets, pulling furniture away from walls and allowing
exterminators to enter and treat the Apartment. If Owner identifies any materials in Resident’s
Apartment as a source of a pest problem, Owner may require Resident, to treat, at Resident’s expense,
cover or dispose of such items as recommended by Owner’s exterminators. Resident has a duty to
immediately notify Management of any potential or suspected pest problem. Failure to timely report,
and fully cooperate with, Owner's pest control efforts is a material violation of the lease and grounds for
Owner to charge Resident for repeat calls, treatments, or the costs to treat adjoining unit or common
areas. The Apartment Community Rules contain additional and essential requirements about Resident’s
obligations to assist in Owner’s pest control efforts.

15. OWNER’S RIGHT TO ENTER THE APARTMENT: Owner, and its authorized staff, vendors, and
agents, may enter the Apartment at any reasonable time to inspect, maintain or repair the Apartment, or
to do other necessary work, or to show the Apartment to lenders, insurance companies, to cooperate
with law enforcement officials and inspectors, or to potential new residents or buyers. Owner
acknowledges Resident’s rights under the Tenants Right to Privacy statute which provides Owner shall
make a good faith effort to give Resident reasonable advance notice under the circumstances of Owner’s
intent to enter, subject to the exception set forth in the statute. If Owner enters without prior notice and
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62-HG-CV-24-1761
Filed in District Court
State of Minnesota
6/24/2024 10:29 AM

when the Resident is not present, Owner shall disclose the entry by placing a written disclosure of the
entry in a conspicuous place on the premises. A request by Resident for work, repairs, or service at the
Apartment shall constitute notice to Resident that Owner intends to enter the property for purposes of
responding to such request.

16. MOVING OUT: Before moving out, the Resident must give the Owner written notice 59
days prior to the Lease expiration date shown on page 1. Provided, however, that written notice may not
be given by Resident for a move-out date during the months of November, December, or January. The
check-out time for any move-out is on or before 12:00 noon on the last day of the vacate month.
Residents are free to move on a date before the last date of the month and may, subject to the
availability of Owner’s managing agent, request a check-out on an earlier date. However, Resident will be
responsible for the full month’s rent, and all utilities that are Resident’s responsibility until the last date
of the month of Residents’ proper move out notice. Rent will not be prorated or reimbursed, and
Resident is responsible for all utilities for the last full month of rent responsibility, including the no winter
move-out months of November through January 31 of any year. Further, Resident is on notice that
Management does not process performance/security deposit refunds or notices until a deadline that
ends 21-days after the last date of the month of Resident’s move-out and rent responsibility month.
Resident, and all of Resident’s personal property and any garbage or debris, must be removed from the
Apartment at that time with keys and all access materials returned to Owner. Failure to complete moving
out before 12:00 noon will result in Resident being responsible to pay for hourly late check out charges of
$50.00 an hour for up to twelve hours after a late check-out. Late check-outs create substantial burdens
for Owner, Owner’s agents, and future approved tenants. After an initial $600.00 in charges for failure to
move at noon on the move-out date, for a twelve-hour period, Resident will be charged hold-over rent of
300 percent of the daily per diem rent that would otherwise be charged to Resident, based on Resident’s
last lease term rental rate, for each day that Resident fails to move out of the apartment after the move-
out date. The Resident agrees to fully cooperate with Owner's efforts to market and show the Apartment
to prospective residents. If Resident moves, abandons and/or returns keys to the Apartment before the
end of the Lease, or without giving the proper 59 day written notice required or moves during the
months of November, December, or January, then Owner may take possession of the Apartment but
Resident will owe liquidated damages as provided herein.

17. RENEWAL OF THE LEASE: This Lease may be renewed by written agreement with Owner. If
Resident fails to give Owner proper 59 day written notice to terminate the Lease at the end of the Lease
term, and Owner has not given Resident notice of lease termination/nonrenewal, then the Lease shall
continue as a “month-to-month Lease” but the rent shall increase by the additional month-to-month
short-term fee shown on page 1 as the month-to-month fee. This increase shall be over the rent shown
on page 1 unless Owner has given notice of a rent adjustment or has offered a lease renewal. In such
case, the month-to-month rent shall be the amount of rent in any notice or offer of Owner plus the short-
term/month-to-month fee. The month-to-month Lease may be terminated by the Resident or Owner
upon 59 days’ written notice, with the notice date effective as of noon on the last date of a calendar
month. Month-to-month Leases may not be terminated during the months of November, December, or
January.

18. DEPOSIT(S): The Resident agrees to pay any and all Deposit(s) as required by the Owner.
The Deposit(s) may not be applied to rent, damages or fees during the term of residency. The Deposit(s)
plus accrued interest will be refunded in one check payable to all adults listed on the most recent
Apartment Lease Data Page 1, provided all terms of the Apartment Lease have been fulfilled. If Resident
is transferring to a new unit, any "Last Months' Rent" or "Additional Deposit" that has been required and
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62-HG-CV-24-1761
Filed in District Court
State of Minnesota
6/24/2024 10:29 AM

paid as a condition for approving Resident will not be refunded but will remain additional conditions of
Resident's Lease for the new unit. The original Performance deposit on the original unit will be processed
and returned, or subject to deductions for amounts owed, cleaning or damages beyond ordinary wear
and tear, on the original Apartment. A new and additional Performance deposit must be paid before
Resident may move to the transfer Apartment.

19. RETURN OF DEPOSIT(S): When the Resident moves out, the Deposit(s) will be returned by
Owner with interest as specified by Minnesota Statutes providing Resident has:

a. Given the proper written notice and has performed all the terms of this Lease.
b. Vacated by 12:00 noon on the last calendar day of the month.
c. Left the Apartment and Common Areas (and any leased garages or storage lockers) in a
clean and undamaged condition, ordinary wear and tear accepted. Extra cleaning, painting
or treatments to remove stains or to treat stubborn odors from tobacco, smoke, cooking,
animals, or other remaining odors are not considered normal wear and tear and these
charges will be deducted from the deposit. If Resident has lived in the Apartment for less
than six months, then charges for painting, cleaning, and shampooing

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