Preview
27-CV-HC-24-4154
Filed in District Court
State of Minnesota
6/24/2024 10:40 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
HOUSING COURT
Greenway Apartments, LLC
18006 Sky Park Circle Suite 200
Irvine, California 92614
EVICTION ACTION COMPLAINT
Plaintiff,
vs.
Court File No.
Emily Gach; John Doe; Jane Doe
2521 Pillsbury Ave
#3
Minneapolis, MN 55408
Defendant(s).
My true and correct name is Clarice Scarnecchia, I am the Attorney for the Plaintiff in the
above-captioned proceeding, and I state under oath that the information contained in this
Complaint is true and correct to the best of my knowledge:
1 Property Information:
a. 2521 Pillsbury Ave
#3
Minneapolis, Minnesota 55408
b. The lease does not include a garage or storage unit.
About the Parti
a. Plaintiff (Landlord): Greenway Apartments, LLC
b. Defendant(s): Emily Gach
Lease Information:
a. Lease Start Date — April 11, 2024
b. Lease End Date — February 28, 2025
c. Monthly Obligation — $1,516.00, due on the first day of the month.
Statutory Compliance: Plaintiff, having present right of possession of said property, has
complied with Minn. Stat. § 504B.181: Disclosing to the Defendant(s) either in the rental
agreement or otherwise in writing prior to beginning of the tenancy the name and address of
the person authorized to manage the property, and a landlord or agent authorized by the
landlord to accept service of process and receive and give receipt for notices and demands,
and the required information was posted in a conspicuous location, namely the management
office.
27-CV-HC-24-4154
Filed in District Court
State of Minnesota
6/24/2024 10:40 AM
5. Subsidies: Upon information and belief, this tenancy is not affected by a federal or state
housing subsidy program through project-based federal assistance payments; the Section 8
program, as defined in section 469.002, subdivision 24; the low-income housing tax credit
program; or any other similar program.
Reason for Eviction: Non-Payment of Rent (504B.291)
Defendant(s) failed to pay rent in full, and as of June 24, 2024, Defendant(s) are in arrears
$3,173.80, calculated as follows:
Rent and/or Late Fees for May 2024 through June 2024 = $3,173.80
In addition, pursuant to Minn. Stat. § 504B.291, Defendant(s) are required to pay any
additional rent then in arrears, plus costs and expenses of $407.00 (includes the court filing
fee of $302.00, legal process and service fees of $100.00, and $5.00 in attorney fees), and
perform any other covenants of the lease, prior to Defendant(s) redeeming and being restored
to possession. Plaintiff does not waive the right to seek collection, payment, or other legal
action for any amount(s) not pled above.
A pre-eviction notice, attached, was delivered to Defendant(s) pursuant to Minnesota Statute
section 504B.321, subd. la, and applicable city ordinance.
Pursuant to Minnesota Statutes section 504B.345, subd. I(a), Plaintiff seeks immediate
judgment against the above Defendant(s) for restitution of said premises, and immediate writ
of recovery of said premises, plus costs and disbursements herein.
Verification and Affidavit of Non Military Status
I, Clarice Scarnecchia, being sworn/affirmed, state that I am the Plaintiff's Attorney in
this action, that I have read the complaint and that it is true to the best of my knowledge; that
Defendant(s) is/are not now in the military service of the United States, to the best of my
information and belief. I acknowledge that costs, disbursements, and reasonable attorney and
witness fees may be awarded pursuant to Minnesota Statutes § 549.211, Subd. (2), to the party
against whom the allegations in these pleadings are asserted. I declare under penalty of perjury
that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.
Landlord Resource Network, LLC
Dated: _June 24, 2024 ds/ Clarice Scarnecchia
Clarice Scarnecchia (#0399399)
STATE OF MINNESOTA ) SS. 225 S. 6th Street, Suite 3900
COUNTY OF HENNEPIN ) Minneapolis, MN 55402
Phone: 612-314-3177
clarice @landlordresource.net
Attorney for Plaintiff
27-CV-HC-24-4154
Filed in District Court
tate of Minnesota
1/20; 0:40 AM
APARTMENT LEASE CONTRACT
APARTMENT.
——$ tra ri ne
Date of Lease Contract: April 9, 2024
(when the Lease Contract is filled out) This is a binding document. Read carefully before signing.
Moving In — General Information
1. PARTIES. This Lease Contract (sometimes referred to as the 3. LEASE TERM. The initial term of the Lease Contract begins on
“lease”) is between you, the resident(s) (list all people signing the the 11th dayof ri. 2024 and ends
Lease Contract): at 11:59
pm the_28th dayof February 2025
Emily Gach This Lease Contract will automatically renew month-to-month
unless either party gives atleast__60 __ days written notice of
termination or intent to move-out as required by paragraph 51
(Move-Out Notice). If the number of days isn't filled in, at least
30 days notice is required. At least 15 days before this lease
automatically renews, we will send you notice of automatic
renewal as required by statute.
RENT AND CHARGES. Unless the parties agree in writing
otherwise, you will pay $ 1516.00 per month for rent,
payable in advance and without demand:
QO) atthe on-site manager's office, or
and us the owner: Greenway Apartments & at our online payment site, or
&) arBy mail to Greenway
(name of apartment community or title holder). You've agreed to Disclosure is also made that you will be responsible for payment
rent Apartment No. at 2521-3 of the following non-optional fees:
Blaisdell Ave S
(street address) in
Minneapolis (city),
Minnesota, 55408 (zip code) (the “apartment”
or the “premises") for use as a private residence only. The terms
“you” and “your" refer to all residents listed above. The terms
e,” “us,” and “our” refer to the owner listed above (or any of
owner's successors’ in interest or assigns). Written or electronic
notice to or from our managers constitutes notice to or from us. If
anyone else has guaranteed performance of this Lease Contract, a
separate Lease Contract Guaranty for each guarantor is attached.
‘The person authorized to manage the apartment is: As such, the Total Monthly Payment will be $
Greenway Apartments, LLC c/o Apt Mgr Prorated rent of $ 1010.67 is due for the remainder of [check
Name one}: ) 1st month or L) 2nd month, on
. Any additional expenses attributable to the online
2736 Blaisdell Ave payment of rent will be disclosed to you by us.
Street Address If the lease term ends on a date before the last day of the final
month, the amount of rent to be paid for the final month owed will
Minneapolis, MN MN be prorated at the average daily rate for that month.
City, State, Zip Code
Prorated rent of $_1516.00 is due for the remainder of last
The owner or agent authorized to accept service of process and month, if applicable, on
receive and give receipts for notices is:
Otherwise, you must pay your rent on or before the Ist day of
Greenway Apartments, LLC c/o Apt Mg each month (due date) with no grace period. Cash is unacceptable
Name without our prior written permission. Unless authorized
2736 Bl. sdell Ave by Minnesota law, you agree that rent will not be offset or
withheld. We may, at our option, and upon advance notice to
Street Address you, require at any time that you pay all rent and other sums in
Minneapolis, MN MN
cash, certified or cashier's check, money order, or one monthly
check rather than multiple checks. At our discretion, we may
City, State, Zip Code convert any and all checks via the Automated Clearing House
2. OCCUPANTS. The apartment will be occupied only by you and (ACH) system for the purposes of collecting payment. Rent is
(list all other occupants not signing the Lease Contract): not considered accepted if the payment/ACH is rejected, does
not clear, or is stopped for any reason. If you don't pay all rent
onorbeforethe 5th day of the month, you'll pay a late
charge. Your late charge will be (check one): () a flat rate of
$ 75.80 or@___5
_% of your total rent due. The
total amount of your late charges shall not exceed eight percent
(8%) of your monthly rent payment. You'll also pay a charge of
for each returned check or rejected electronic
payment, plus a late charge. If you don't pay rent on time, you'll
be delinquent and all remedies under this Lease Contract will be
authorized. All payment obligations under this Lease Contract
shall constitute rent under this Lease Contract.
SECURITY DEPOSIT. Unless the parties otherwise agree in a
No one else may occupy the apartment. Persons not listed above separate addendum document, the total security deposit at the
must not stay in the apartment for more than time of execution of this Lease Contract for all residents in the
apartment is $ 500.00 , due on or before the date this
consecutive days without our prior written consent, and no more
than twice that many days in any one month. If the previous space Lease Contract is signed.
isn’t filled in, two days per month is the limit.
© 2024, National Apartment Association, Ine. - ane ey Page 1 of 8
nature Services Document |
27-CV-HC-24-4154
Filed in District Court
State of Minnesota
In compliance with Minnesota law, your security deposit theft, hurricane, negligence of other residents, o@/@#/224 19:40 AM
will bear simple interest. Interest will be included as part of invited/uninvited guests or vandalism unless otherwise required
the security deposit. ‘ithin 21 days after termination of your by law.
residency and receipt of your mailing address or written delivery In addition, we urge all residents, and particularly those residing
instructions, we will return the deposit to you, with interest, or
in coastal areas, areas near rivers, and areas prone to flooding, to
furnish to you a written statement specifying the reasons for the obtain flood insurance. Renter's insurance may not cover damage
withholding of the deposit or any portion thereof. You may not toyour property due to flooding.
A flood insurance resource which
withhold payment of any portion of any rent on the grounds that may be available includes the National Flood Insurance Program
the security deposit should serve as payment of the rent.
managed by the Federal Emergency Management
Agency (FEMA).
6. KEYS. You will be provided apartment key(s), We () require () do not require you to get your own insurance
mailbox key(s), FOB(s), and/or other access for losses to your personal property or injuries due to theft, fire,
device(s) for access to the building and amenities at no additional water damage, pipe leaks
and the like. Ifno boxis checked, renter’s
cost at move-in. If the key, FOB, or other access device is lost or insurance is not required.
becomes damaged during your tenancy or is not returned or is
Additionally, you are [check one] KJ required to purchase
returned damaged when you move out, you will be responsible for personal liability insurance() not required to purchase
the costs for the replacement and/or repair of the same. personal liability insurance. If no box is checked, personal
7. UTILITIES. We'll pay for the following items, if checked:
liability insurance is not required. If required, failure to maintain
& water gas ) electricity () masterantenna personal liability insurance throughout your tenancy, including
&) wastewater trash QO cable TV any renewal periods and/or lease extensions, is an incurable
breach of this Lease Contract and may result in the termination
Q) other
of tenancy and eviction and/or any other remedies as provided by
You'll pay for all other utilities, related deposits, and any charges, this Lease Contract or state law.
fees, or services on such utilities. You must not allow utilities to be
disconnected—including disconnection for not paying your bills— 9: LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
until the lease term or renewal period ends. Cable channels that prior resident moves out. The rekeying will be done before you
are provided may be changed during the lease term if the change move into your apartment.
applies to all residents. Utilities may be used only for normal
You may at any time ask us to change or rekey locks or latches
household purposes and must not be wasted. If your electricity during the Lease Term. We must comply with those requests, but
is ever interrupted, you must use only battery-operated lighting. you must pay for them, unless otherwise provided by law.
If any utilities are submetered for the apartment, or prorated by
an allocation formula, we will attach an addendum to this Lease Payment for Rekeying, Repairs, Etc. You must pay forall repairs
Contract in compliance with state agency rules or city ordinance. or replacements to devices arising from the willful, malicious, or
Pursuant to Minnesota Statute 504B.215 Subd. 2a. upon your irresponsible conduct by you or your occupants, or guests during
request, we shall provide a copy of the actual utility bill for the your occupancy. You may be required to pay in advance if we
community along with each apportioned utility bill. notify you within a reasonable time after your request that you
are more than 30 days delinquent in reimbursing us for repairing
8. INSURANCE. We do not maintain insurance to cover your or replacing a device which was misused or damaged by you, your
personal property or personal injury. We are not responsible to guest or an occupant; or if you have requested that we repair or
any resident, guest, or occupant for damage or loss of personal change or rekey the same device during the 30 days preceding
property or personal injury from (including but not limited your request and we have complied with your request. Otherwise,
to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, you must pay immediately after the work is completed.
lightning, wind, explosions, earthquake, interruption of utilities,
Special Provisions and “What If” Clauses
10. SPECIAL PROVISIONS. The following special provisions
and any | 12, REIMBURSEMENT. We agree to make the premises and all
addenda or written rules furnished to you at or before signing common areas fit for the use intended by the parties and to keep
will become a part of this Lease Contract and will supersede any the premises in a reasonable repair during the term of this Lease
conflicting provisions of this printed lease form. Contract. However, you must promptly reimburse us for repairs
See Additional Special Provisions due to the willful, malicious, or irresponsible conduct by you or
your guests or occupants. We may require payment at any time,
including advance payment of repairs for which you're liable.
Delay in demanding sums you owe is not a waiver.
= PROPERTY LEFT IN APARTMENT. Under Minnesota law,
we may remove and/or store all property remaining in the
See any additional special provisions. apartment or in common areas (including any vehicles you or
11. EARLY MOVE-OUT. You'll be liable to us for a reletting charge of any occupant or guest owns or uses) if you are judicially evicted
or if you surrender or abandon the apartment (see definitions in
$ (not to exceed 100% of the highest monthly rent
paragraph 56 (Deposit Return,Surrender, and Abandonment)).
during the lease term) if you:
We will store and care for property removed under this section.
(1) fail to give written move-out notice as required in paragraph We may sell or otherwise dispose of the property 28 days after you
51 (Move-Out Notice); or have abandoned the apartment, and we may apply the proceeds
(2) move out without paying rent in full for the entire lease term of such sale to the removal, care and storage costs and expenses
or renewal period; or according to state statute. You will be notified of the sale at least
(3) move out at our demand because of your default. 14 days prior to the sale by personal service or written notice sent
The reletting charge is not a cancellation fee and does not release to your last known address by certified mail.
you from your obligations under this Lease Contract.
14, FAILING TO PAY FIRST MONTH'S RENT. If you don’t pay the
Not a Release. The reletting charge is not a lease cancellation fee first month’s rent when or before the Lease Contract begins, and
or buyout fee. It is an agreed-to liquidated amount covering only subject to our duty to mitigate our damages, we may end your
part of our damages; thatis, our time, effort, and expense in finding right of occupancy and recover damages, future rent, reletting
and processing a replacement. These damages are uncertain and charges, attorney's fees, court costs, and other lawful charges.
difficult to ascertain—particularly those relating to inconvenience, Our rights and remedies under paragraphs 11 (Early Move-Out)
paperwork, advertising, showing apartments, utilities for showing, and 34 (Default by Resident) apply to acceleration under this
checking prospects, office overhead, marketing costs, and locator- paragraph.
service fees. You agree that the reletting charge is a reasonable
estimate of such damages and that the charge is due whether or not 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent
our reletting attempts succeed. If no amount is stipulated, you must increases or Lease Contract changes are allowed before the
pay our actual reletting costs so far as they can be determined. The initial Lease Contract term ends, except for changes allowed by
reletting charge does not release you from continued liability for: any special provisions in paragraph 10 (Special Provisions), by
future or past-due rent; charges for cleaning, repairing, repainting, a written addendum or amendment signed by you and us, or by
or unreturned keys; or other sums due. reasonable changes of apartment rules allowed under paragraph
© 2024, National Apartment Association, Ine. - 2024, Minnesota Page 2 of 8
Blue Moon e! nature Set s Document ID: 431341249
27-CV-HC-24-4154
Filed in District Court
State of Minnesota
19 (Community Policies or Rules). If, at least 5 days before the (2) If we give written notice to any of you before th&laft20PAe#Ai40 AM
advance notice deadline referred to in paragraph 3 (Lease Term), as set forth in Paragraph 3 (Lease Term) and the notice states
we give you written notice of rent increases or lease changes that construction delay is expected and that the apartment
effective when the lease term or renewal period ends, this Lease will be ready for you to occupy on a specific date, you may
Contract will automatically continue month-to-month with the terminate your tenancy within 7 days after any of you
increased rent or lease changes. The new modified Lease Contract receives written notice, but not later. The readiness date is
will begin on the date stated in the notice (without necessity of considered the new initial term as set forth in Paragraph
your signature) unless you give us written move- out notice under 3 (Lease Term) for all purposes. This new date may not be
paragraph 51 (Move-Out Notice). moved to an earlier date unless we and you agree.
16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for 17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL
construction, repairs, cleaning, or a previous resident's holding RENT. Unless otherwise prohibited by law, if, during the term of
over, we're not responsible for the delay. The Lease Contract this Agreement, any locality, city, state, or Federal Government
will remain in force subject to: (1) abatement of rent on a daily imposes upon Us, any fee, charge, or tax, which is related to or
basis during delay; and (2) your right to terminate as set forth charged by the number of occupants, or by the apartment unit
below. Termination notice must be in writing. After termination, itself, such that we are charged a fee, charge, or tax, based upon
you are entitled only to refund of deposit(s) and any rent paid. your use or occupancy of the apartment, we may add this charge
Rent abatement or lease termination does not apply if delay is as Additional Rent, during the term of the Lease Contract, ith
for cleaning or repairs that don’t prevent you from occupying the thirty (30) days advance written notice to you. After this written
apartment. notice (the amount or approximate amount of the charge, will be
If there is a delay and we haven't given notice of delay as set forth included), you agree to pay, as Additional Rent, the amount of the
charge, tax or fee imposed upon us, as a result of your occupancy.
immediately below, you may terminate up to the date when the
apartment is ready for occupancy, but not later. As examples, these charges can include, but are not limited to: any
charges we receive for any zoning violation, sound, noise or litter
(1) If we give written notice to any of you when or after the charge; any charge under any nuisance or chronic nuisance type
initial term as set forth in Paragraph 3 (Lease Term)—and statute, 911 or other life safety, per person, or per unit charge or
the notice states that occupancy has been delayed because tax and any utility bill unpaid by you, which is then assessed to us
of construction or a previous resident's holding over, and for payment.
that the apartment will be ready ona specific date—you may
terminate your tenancy within 3 days of your receiving the 18. DISCLOSURE RIGHTS. We will only disclose information
notice, but not later. concerning you or your rental history if authorized by applicable
law.
While You're Living in the Apartment
19. COMMUNITY POLICIES OR RULES. You and all guests and 21, PROHIBITED CONDUCT. You, your occupants or guests, or
occupants must comply with any written apartment rules the guests of any occupants, may not engage in the following
and community policies, including instructions for care of our activities: behaving in a loud or obnoxious manner; disturbing
property. To the extent they are not inconsistent with this Lease or threatening the rights, comfort, health, safety, or convenience
Contract or Minnesota law, our rules are considered part of of the landlord (including our agents and employees) or other
this Lease Contract. Upon advance notice and compliance with tenants and their guests in or near the apartment community;
Minnesota law, we may make reasonable changes to the said disrupting our business operations; manufacturing, delivering,
written rules. possessing with intent to deliver, or otherwise possessing a
controlled substance or drug paraphernalia; engaging in or
20. LIMITATIONS ON CONDUCT. The apartment and other areas threatening violence; possessinga weapon prohibited by state law;
reserved for your private use must be kept clean and free of discharging a firearm in the apartment community; displaying or
trash, garbage, and other debris. Trash must be disposed of at possessing a gun, knife, or other weapon in the common area in
least weekly in appropriate receptacles in accordance with local a way that may alarm others; storing anything in closets having
ordinances. Passageways may be used only for entry or exit. gas appliances; tampering with utilities or telecommunications;
You agree to keep all passageways and common areas free of bringing hazardous materials into the apartment community; or
obstructions such as trash, storage items, and all forms of personal injuring our reputation by making bad faith allegations against
property. No person shall ride or allow bikes, skateboards, or us to others,
other similar objects in the passageways. Any swimming pools,
saunas, spas, tanning beds, exercise rooms, storerooms, laundry 22. PARKING. We may regulate the time, manner, and place of
rooms, and similar areas must be used with care in accordance parking cars, trucks, motorcycles, bicycles, boats, trailers, and
with apartment rules and posted signs. Glass containers are recreational vehicles by anyone. We may have unauthorized or
prohibited in all common areas. You, your occupants, or guests illegally parked vehicles towed under an appropriate statute.
may not anywhere in the apartment community: use candles or A vehicle is unauthorized or illegally parked in the apartment
use kerosene lamps or kerosene heaters without our prior written community if it:
approval; cook on balconies or outside; or sol business or (1) has a flat tire or other condition rendering it inoperable; or
contributions. Conducting any kind of business (including child
(2) ison jacks, blocks or has wheel(s) missing; or
care services) in your apartment or in the apartment community
(3) has no current license plate or no current registration and/or
is prohibited—except that any lawful business conducted “at inspection sticker; or
home” by computer, mail, or telephone is permissible if customers, (4) takes up more than one parking space; or
clients, patients, or other business associates do not come to your (5) belongs to a resident or occupant who has surrendered or
apartment for business purposes. We may regulate: (1) the use abandoned the apartment; or
of patios, balconies, and porches; (2) the conduct of furniture (6) is parked in a marked handicap space without the legally
movers and delivery persons; and (3) recreational activities in
required handicap insignia; or
common areas. You'll be liable to us for damage caused by you or (7) is parked in space marked for manager, staff, or guest at the
any guests or occupants. office; or
We may exclude from the apartment community guests or others (8) blocks another vehicle from exiting; or
who, in our judgment, have been violating the law, violating (9) is parked ina fire lane or designated “no parking" area; or
this Lease Contract or any apartment rules, or disturbing other (10) is parked in a space marked for other resident(s) or unit(s); or
residents, neighbors, visitors, or owner representatives. We may (11) is parked on the grass, sidewalk, or patio; or
also exclude from any outside area or common area a person who (12) blocks garbage trucks from access to a dumpster; or
refuses to show photo identification or refuses to identify himself (13) belongs to a resident and is parked in a visitor or retail
or herselfas a resident, occupant, or guest of a specific resident in parking space.
the community.
23. RELEASE OF RESIDENT. Unless you're entitled to terminate
You agree to notify us if you or any occupants are convicted of any your tenancy under paragraphs 10 (Special Provisions), 16
felony, or misdemeanor involving a controlled substance, violence (Delay of Occupancy), 32 (Responsibilities of Owner), 44 (Right of
to another person or destruction of property. You also agree to
Victims of Domestic Abuse to Terminate Tenancy), or 52 (Move-
notify us if you or any occupant registers as a sex offender in Out Procedures); or unless, upon your death, your personal
any state. Informing us of criminal convictions or sex offender representative gives statutory notice pursuant to paragraph
registry does not waive our right to evict you.
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43 (Termination of Lease Upon Death of Resident), you or your any repairs, painting, wallpapering, carpeting, electr R/@M@NAf:10;40 AM
heirs won't be released from this Lease Contract for any reason or otherwise alter our property. No holes or stickers are allowed
including, but not limited to, voluntary or involuntary school inside or outside the apartment. But we'll permit a reasonable
withdrawal or transfer, voluntary or involuntary job transfer, number of small nail holes for hanging pictures on sheetrock
marriage, separation, divorce, reconciliation, loss of co-residents, walls and in grooves of wood-paneled walls, unless our rules state
loss of employment or bad health. otherwise. No water furniture, washing machines, additional
phone or TV-cable outlets, alarm systems, or lock changes,
24. MILITARY PERSONNEL CLAUSE. All parties to this Lease additions, or rekeying is permitted unless statutorily allowed
Contract agree to comply with any federal law, including, but not or we've consented in writing. You may install a satellite dish
limited to the Service Member's Civil Relief Act, or any applicable or antenna provided you sign our satellite dish or antenna lease
state law(s), if you are seeking to terminate this Lease Contract addendum which complies with reasonable restrictions allowed
and/or subsequent renewals and/or Lease Contract extensions by federal law. You agree not to alter, damage, or remove our
under the rights granted by such laws property, including alarm systems, smoke detectors, furniture,
telephone and cable TV wiring, screens, locks, and access control
25. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants devices. When you move in, we'll supply light bulbs for fixtures
and guests must exercise due care for your own and others’ safety we furnish, including exterior fixtures operated from inside the
and security, especially in the use of smoke detectors, carbon apartment; after that, you'll replace them at your expense with
monoxide detectors, keyed deadbolt locks, keyless bolting devices, bulbs of the same type and wattage. Your improvements to the
window latches, and access control devices. apartment (whether or not we consent) become ours unless we
Smoke Detectors/Carbon Monoxide Detectors. We'll furnish agree otherwise in writing.
smoke detectors and carbon monoxide detectors only if required
by statute, and we'll test them and provide working batteries 27. REQUESTS, REPAIRS, AND MALFUNCTIONS. IF YOU OR
when you first take possession. After that, you must test the ANY OCCUPANT NEEDS TO SEND A NOTICE OR REQUEST—
smoke detectors and the carbon monoxide detectors on a regular FOR EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES, OR
basis, and pay for and replace batteries as needed, unless the law SECURITY RELATED MATTERS—IT MUST BE SUBMITTED
provides otherwise. We may replace dead or missing batteries at THROUGH EITHER THE ONLINE RESIDENT/MAINTENANCE
your expense, without prior notice to you. You must immediately PORTAL, OR SIGNED AND IN WRITING AND DELIVERED TO OUR
report smoke-detector malfunctions to us. Neither you nor others DESIGNATED REPRESENTATIVE (except in case of fire, smoke,
may disable neither the smoke detectors nor the carbon monoxide gas, explosion, overflowing sewage, uncontrollable running
detectors. If you damage or disable the smoke detector or carbon water, electrical shorts, or crime in progress). Our written notes
monoxide detector, or remove a battery without replacing it with on your oral request do not constitute a written request from you.
a working battery, you may be liable to us under state statute for Our complying with or responding to any oral request regarding
$100 plus one month's rent, actual damages, and attorney’s fees. security or non-security matters doesn't waive the strict
If you disable or damage the smoke detector or carbon monoxide requirement for written notices under this Lease Contract. You
detector, or fail to replace a dead battery or report malfunctions to must promptly notify us in writing of: water leaks; electrical
us, you will be liable to us and others for any loss, damage, or fines problems; malfunctioning lights; broken or missing locks or
from fire, smoke, or water. latches; and other conditions that pose a hazard to property,
Casualty Loss. We're not liable to any resident, guest, oroccupant health, or safety. We may change or install utility lines or
for personal injury or damage or loss of personal property from equipment serving the apartment if the work is done reasonably
any cause, including but not li ited to: fire, smoke, rain, flood without substantially increasing your utility costs. We may
water and pipe leaks, hail, ice, snow, lightning, wind, explosions, turn off equipment and interrupt utilities as needed to avoid
earthquake, interruption of utilities, theft, or vandalism unless property damage or to perform work. If utilities malfunction or
otherwise required by law. We have no duty to remove any ice, are damaged by fire, water, or similar cause, you must notify our
sleet, or snow but may remove any amount with or without notice. representative immediately. Air conditioning problems are not
During freezing weather, you must ensure that the temperature emergencies. If air conditioning or other equipment malfunctions,
in the apartment is sufficient to make sure that the pipes do not you must notify our representative as soon as possible on a
freeze (the appropriate temperature will depend upon weather business day. We'll act with customary diligence to make repairs
conditions and the size and layout of your unit). If the pipes and reconnections. Rent will not abate in whole or in part.
freeze or any other damage is caused by your failure to properly If we believe that fire or catastrophic damage is substantial, or
maintain the heat in your apartment, you'll be liable for damage that performance of needed repairs poses a danger to you, we
to our and other's property. If you ask our representatives t
Preview
27-CV-HC-24-4154 Filed in District Court State of Minnesota 6/24/2024 10:40 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT HOUSING COURT Greenway Apartments, LLC 18006 Sky Park Circle Suite 200 Irvine, California 92614 EVICTION ACTION COMPLAINT Plaintiff, vs. Court File No. Emily Gach; John Doe; Jane Doe 2521 Pillsbury Ave #3 Minneapolis, MN 55408 Defendant(s). My true and correct name is Clarice Scarnecchia, I am the Attorney for the Plaintiff in the above-captioned proceeding, and I state under oath that the information contained in this Complaint is true and correct to the best of my knowledge: 1 Property Information: a. 2521 Pillsbury Ave #3 Minneapolis, Minnesota 55408 b. The lease does not include a garage or storage unit. About the Parti a. Plaintiff (Landlord): Greenway Apartments, LLC b. Defendant(s): Emily Gach Lease Information: a. Lease Start Date — April 11, 2024 b. Lease End Date — February 28, 2025 c. Monthly Obligation — $1,516.00, due on the first day of the month. Statutory Compliance: Plaintiff, having present right of possession of said property, has complied with Minn. Stat. § 504B.181: Disclosing to the Defendant(s) either in the rental agreement or otherwise in writing prior to beginning of the tenancy the name and address of the person authorized to manage the property, and a landlord or agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands, and the required information was posted in a conspicuous location, namely the management office. 27-CV-HC-24-4154 Filed in District Court State of Minnesota 6/24/2024 10:40 AM 5. Subsidies: Upon information and belief, this tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the Section 8 program, as defined in section 469.002, subdivision 24; the low-income housing tax credit program; or any other similar program. Reason for Eviction: Non-Payment of Rent (504B.291) Defendant(s) failed to pay rent in full, and as of June 24, 2024, Defendant(s) are in arrears $3,173.80, calculated as follows: Rent and/or Late Fees for May 2024 through June 2024 = $3,173.80 In addition, pursuant to Minn. Stat. § 504B.291, Defendant(s) are required to pay any additional rent then in arrears, plus costs and expenses of $407.00 (includes the court filing fee of $302.00, legal process and service fees of $100.00, and $5.00 in attorney fees), and perform any other covenants of the lease, prior to Defendant(s) redeeming and being restored to possession. Plaintiff does not waive the right to seek collection, payment, or other legal action for any amount(s) not pled above. A pre-eviction notice, attached, was delivered to Defendant(s) pursuant to Minnesota Statute section 504B.321, subd. la, and applicable city ordinance. Pursuant to Minnesota Statutes section 504B.345, subd. I(a), Plaintiff seeks immediate judgment against the above Defendant(s) for restitution of said premises, and immediate writ of recovery of said premises, plus costs and disbursements herein. Verification and Affidavit of Non Military Status I, Clarice Scarnecchia, being sworn/affirmed, state that I am the Plaintiff's Attorney in this action, that I have read the complaint and that it is true to the best of my knowledge; that Defendant(s) is/are not now in the military service of the United States, to the best of my information and belief. I acknowledge that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes § 549.211, Subd. (2), to the party against whom the allegations in these pleadings are asserted. I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116. Landlord Resource Network, LLC Dated: _June 24, 2024 ds/ Clarice Scarnecchia Clarice Scarnecchia (#0399399) STATE OF MINNESOTA ) SS. 225 S. 6th Street, Suite 3900 COUNTY OF HENNEPIN ) Minneapolis, MN 55402 Phone: 612-314-3177 clarice @landlordresource.net Attorney for Plaintiff 27-CV-HC-24-4154 Filed in District Court tate of Minnesota 1/20; 0:40 AM APARTMENT LEASE CONTRACT APARTMENT. ——$ tra ri ne Date of Lease Contract: April 9, 2024 (when the Lease Contract is filled out) This is a binding document. Read carefully before signing. Moving In — General Information 1. PARTIES. This Lease Contract (sometimes referred to as the 3. LEASE TERM. The initial term of the Lease Contract begins on “lease”) is between you, the resident(s) (list all people signing the the 11th dayof ri. 2024 and ends Lease Contract): at 11:59 pm the_28th dayof February 2025 Emily Gach This Lease Contract will automatically renew month-to-month unless either party gives atleast__60 __ days written notice of termination or intent to move-out as required by paragraph 51 (Move-Out Notice). If the number of days isn't filled in, at least 30 days notice is required. At least 15 days before this lease automatically renews, we will send you notice of automatic renewal as required by statute. RENT AND CHARGES. Unless the parties agree in writing otherwise, you will pay $ 1516.00 per month for rent, payable in advance and without demand: QO) atthe on-site manager's office, or and us the owner: Greenway Apartments & at our online payment site, or &) arBy mail to Greenway (name of apartment community or title holder). You've agreed to Disclosure is also made that you will be responsible for payment rent Apartment No. at 2521-3 of the following non-optional fees: Blaisdell Ave S (street address) in Minneapolis (city), Minnesota, 55408 (zip code) (the “apartment” or the “premises") for use as a private residence only. The terms “you” and “your" refer to all residents listed above. The terms e,” “us,” and “our” refer to the owner listed above (or any of owner's successors’ in interest or assigns). Written or electronic notice to or from our managers constitutes notice to or from us. If anyone else has guaranteed performance of this Lease Contract, a separate Lease Contract Guaranty for each guarantor is attached. ‘The person authorized to manage the apartment is: As such, the Total Monthly Payment will be $ Greenway Apartments, LLC c/o Apt Mgr Prorated rent of $ 1010.67 is due for the remainder of [check Name one}: ) 1st month or L) 2nd month, on . Any additional expenses attributable to the online 2736 Blaisdell Ave payment of rent will be disclosed to you by us. Street Address If the lease term ends on a date before the last day of the final month, the amount of rent to be paid for the final month owed will Minneapolis, MN MN be prorated at the average daily rate for that month. City, State, Zip Code Prorated rent of $_1516.00 is due for the remainder of last The owner or agent authorized to accept service of process and month, if applicable, on receive and give receipts for notices is: Otherwise, you must pay your rent on or before the Ist day of Greenway Apartments, LLC c/o Apt Mg each month (due date) with no grace period. Cash is unacceptable Name without our prior written permission. Unless authorized 2736 Bl. sdell Ave by Minnesota law, you agree that rent will not be offset or withheld. We may, at our option, and upon advance notice to Street Address you, require at any time that you pay all rent and other sums in Minneapolis, MN MN cash, certified or cashier's check, money order, or one monthly check rather than multiple checks. At our discretion, we may City, State, Zip Code convert any and all checks via the Automated Clearing House 2. OCCUPANTS. The apartment will be occupied only by you and (ACH) system for the purposes of collecting payment. Rent is (list all other occupants not signing the Lease Contract): not considered accepted if the payment/ACH is rejected, does not clear, or is stopped for any reason. If you don't pay all rent onorbeforethe 5th day of the month, you'll pay a late charge. Your late charge will be (check one): () a flat rate of $ 75.80 or@___5 _% of your total rent due. The total amount of your late charges shall not exceed eight percent (8%) of your monthly rent payment. You'll also pay a charge of for each returned check or rejected electronic payment, plus a late charge. If you don't pay rent on time, you'll be delinquent and all remedies under this Lease Contract will be authorized. All payment obligations under this Lease Contract shall constitute rent under this Lease Contract. SECURITY DEPOSIT. Unless the parties otherwise agree in a No one else may occupy the apartment. Persons not listed above separate addendum document, the total security deposit at the must not stay in the apartment for more than time of execution of this Lease Contract for all residents in the apartment is $ 500.00 , due on or before the date this consecutive days without our prior written consent, and no more than twice that many days in any one month. If the previous space Lease Contract is signed. isn’t filled in, two days per month is the limit. © 2024, National Apartment Association, Ine. - ane ey Page 1 of 8 nature Services Document | 27-CV-HC-24-4154 Filed in District Court State of Minnesota In compliance with Minnesota law, your security deposit theft, hurricane, negligence of other residents, o@/@#/224 19:40 AM will bear simple interest. Interest will be included as part of invited/uninvited guests or vandalism unless otherwise required the security deposit. ‘ithin 21 days after termination of your by law. residency and receipt of your mailing address or written delivery In addition, we urge all residents, and particularly those residing instructions, we will return the deposit to you, with interest, or in coastal areas, areas near rivers, and areas prone to flooding, to furnish to you a written statement specifying the reasons for the obtain flood insurance. Renter's insurance may not cover damage withholding of the deposit or any portion thereof. You may not toyour property due to flooding. A flood insurance resource which withhold payment of any portion of any rent on the grounds that may be available includes the National Flood Insurance Program the security deposit should serve as payment of the rent. managed by the Federal Emergency Management Agency (FEMA). 6. KEYS. You will be provided apartment key(s), We () require () do not require you to get your own insurance mailbox key(s), FOB(s), and/or other access for losses to your personal property or injuries due to theft, fire, device(s) for access to the building and amenities at no additional water damage, pipe leaks and the like. Ifno boxis checked, renter’s cost at move-in. If the key, FOB, or other access device is lost or insurance is not required. becomes damaged during your tenancy or is not returned or is Additionally, you are [check one] KJ required to purchase returned damaged when you move out, you will be responsible for personal liability insurance() not required to purchase the costs for the replacement and/or repair of the same. personal liability insurance. If no box is checked, personal 7. UTILITIES. We'll pay for the following items, if checked: liability insurance is not required. If required, failure to maintain & water gas ) electricity () masterantenna personal liability insurance throughout your tenancy, including &) wastewater trash QO cable TV any renewal periods and/or lease extensions, is an incurable breach of this Lease Contract and may result in the termination Q) other of tenancy and eviction and/or any other remedies as provided by You'll pay for all other utilities, related deposits, and any charges, this Lease Contract or state law. fees, or services on such utilities. You must not allow utilities to be disconnected—including disconnection for not paying your bills— 9: LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the until the lease term or renewal period ends. Cable channels that prior resident moves out. The rekeying will be done before you are provided may be changed during the lease term if the change move into your apartment. applies to all residents. Utilities may be used only for normal You may at any time ask us to change or rekey locks or latches household purposes and must not be wasted. If your electricity during the Lease Term. We must comply with those requests, but is ever interrupted, you must use only battery-operated lighting. you must pay for them, unless otherwise provided by law. If any utilities are submetered for the apartment, or prorated by an allocation formula, we will attach an addendum to this Lease Payment for Rekeying, Repairs, Etc. You must pay forall repairs Contract in compliance with state agency rules or city ordinance. or replacements to devices arising from the willful, malicious, or Pursuant to Minnesota Statute 504B.215 Subd. 2a. upon your irresponsible conduct by you or your occupants, or guests during request, we shall provide a copy of the actual utility bill for the your occupancy. You may be required to pay in advance if we community along with each apportioned utility bill. notify you within a reasonable time after your request that you are more than 30 days delinquent in reimbursing us for repairing 8. INSURANCE. We do not maintain insurance to cover your or replacing a device which was misused or damaged by you, your personal property or personal injury. We are not responsible to guest or an occupant; or if you have requested that we repair or any resident, guest, or occupant for damage or loss of personal change or rekey the same device during the 30 days preceding property or personal injury from (including but not limited your request and we have complied with your request. Otherwise, to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, you must pay immediately after the work is completed. lightning, wind, explosions, earthquake, interruption of utilities, Special Provisions and “What If” Clauses 10. SPECIAL PROVISIONS. The following special provisions and any | 12, REIMBURSEMENT. We agree to make the premises and all addenda or written rules furnished to you at or before signing common areas fit for the use intended by the parties and to keep will become a part of this Lease Contract and will supersede any the premises in a reasonable repair during the term of this Lease conflicting provisions of this printed lease form. Contract. However, you must promptly reimburse us for repairs See Additional Special Provisions due to the willful, malicious, or irresponsible conduct by you or your guests or occupants. We may require payment at any time, including advance payment of repairs for which you're liable. Delay in demanding sums you owe is not a waiver. = PROPERTY LEFT IN APARTMENT. Under Minnesota law, we may remove and/or store all property remaining in the See any additional special provisions. apartment or in common areas (including any vehicles you or 11. EARLY MOVE-OUT. You'll be liable to us for a reletting charge of any occupant or guest owns or uses) if you are judicially evicted or if you surrender or abandon the apartment (see definitions in $ (not to exceed 100% of the highest monthly rent paragraph 56 (Deposit Return,Surrender, and Abandonment)). during the lease term) if you: We will store and care for property removed under this section. (1) fail to give written move-out notice as required in paragraph We may sell or otherwise dispose of the property 28 days after you 51 (Move-Out Notice); or have abandoned the apartment, and we may apply the proceeds (2) move out without paying rent in full for the entire lease term of such sale to the removal, care and storage costs and expenses or renewal period; or according to state statute. You will be notified of the sale at least (3) move out at our demand because of your default. 14 days prior to the sale by personal service or written notice sent The reletting charge is not a cancellation fee and does not release to your last known address by certified mail. you from your obligations under this Lease Contract. 14, FAILING TO PAY FIRST MONTH'S RENT. If you don’t pay the Not a Release. The reletting charge is not a lease cancellation fee first month’s rent when or before the Lease Contract begins, and or buyout fee. It is an agreed-to liquidated amount covering only subject to our duty to mitigate our damages, we may end your part of our damages; thatis, our time, effort, and expense in finding right of occupancy and recover damages, future rent, reletting and processing a replacement. These damages are uncertain and charges, attorney's fees, court costs, and other lawful charges. difficult to ascertain—particularly those relating to inconvenience, Our rights and remedies under paragraphs 11 (Early Move-Out) paperwork, advertising, showing apartments, utilities for showing, and 34 (Default by Resident) apply to acceleration under this checking prospects, office overhead, marketing costs, and locator- paragraph. service fees. You agree that the reletting charge is a reasonable estimate of such damages and that the charge is due whether or not 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent our reletting attempts succeed. If no amount is stipulated, you must increases or Lease Contract changes are allowed before the pay our actual reletting costs so far as they can be determined. The initial Lease Contract term ends, except for changes allowed by reletting charge does not release you from continued liability for: any special provisions in paragraph 10 (Special Provisions), by future or past-due rent; charges for cleaning, repairing, repainting, a written addendum or amendment signed by you and us, or by or unreturned keys; or other sums due. reasonable changes of apartment rules allowed under paragraph © 2024, National Apartment Association, Ine. - 2024, Minnesota Page 2 of 8 Blue Moon e! nature Set s Document ID: 431341249 27-CV-HC-24-4154 Filed in District Court State of Minnesota 19 (Community Policies or Rules). If, at least 5 days before the (2) If we give written notice to any of you before th&laft20PAe#Ai40 AM advance notice deadline referred to in paragraph 3 (Lease Term), as set forth in Paragraph 3 (Lease Term) and the notice states we give you written notice of rent increases or lease changes that construction delay is expected and that the apartment effective when the lease term or renewal period ends, this Lease will be ready for you to occupy on a specific date, you may Contract will automatically continue month-to-month with the terminate your tenancy within 7 days after any of you increased rent or lease changes. The new modified Lease Contract receives written notice, but not later. The readiness date is will begin on the date stated in the notice (without necessity of considered the new initial term as set forth in Paragraph your signature) unless you give us written move- out notice under 3 (Lease Term) for all purposes. This new date may not be paragraph 51 (Move-Out Notice). moved to an earlier date unless we and you agree. 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for 17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL construction, repairs, cleaning, or a previous resident's holding RENT. Unless otherwise prohibited by law, if, during the term of over, we're not responsible for the delay. The Lease Contract this Agreement, any locality, city, state, or Federal Government will remain in force subject to: (1) abatement of rent on a daily imposes upon Us, any fee, charge, or tax, which is related to or basis during delay; and (2) your right to terminate as set forth charged by the number of occupants, or by the apartment unit below. Termination notice must be in writing. After termination, itself, such that we are charged a fee, charge, or tax, based upon you are entitled only to refund of deposit(s) and any rent paid. your use or occupancy of the apartment, we may add this charge Rent abatement or lease termination does not apply if delay is as Additional Rent, during the term of the Lease Contract, ith for cleaning or repairs that don’t prevent you from occupying the thirty (30) days advance written notice to you. After this written apartment. notice (the amount or approximate amount of the charge, will be If there is a delay and we haven't given notice of delay as set forth included), you agree to pay, as Additional Rent, the amount of the charge, tax or fee imposed upon us, as a result of your occupancy. immediately below, you may terminate up to the date when the apartment is ready for occupancy, but not later. As examples, these charges can include, but are not limited to: any charges we receive for any zoning violation, sound, noise or litter (1) If we give written notice to any of you when or after the charge; any charge under any nuisance or chronic nuisance type initial term as set forth in Paragraph 3 (Lease Term)—and statute, 911 or other life safety, per person, or per unit charge or the notice states that occupancy has been delayed because tax and any utility bill unpaid by you, which is then assessed to us of construction or a previous resident's holding over, and for payment. that the apartment will be ready ona specific date—you may terminate your tenancy within 3 days of your receiving the 18. DISCLOSURE RIGHTS. We will only disclose information notice, but not later. concerning you or your rental history if authorized by applicable law. While You're Living in the Apartment 19. COMMUNITY POLICIES OR RULES. You and all guests and 21, PROHIBITED CONDUCT. You, your occupants or guests, or occupants must comply with any written apartment rules the guests of any occupants, may not engage in the following and community policies, including instructions for care of our activities: behaving in a loud or obnoxious manner; disturbing property. To the extent they are not inconsistent with this Lease or threatening the rights, comfort, health, safety, or convenience Contract or Minnesota law, our rules are considered part of of the landlord (including our agents and employees) or other this Lease Contract. Upon advance notice and compliance with tenants and their guests in or near the apartment community; Minnesota law, we may make reasonable changes to the said disrupting our business operations; manufacturing, delivering, written rules. possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or 20. LIMITATIONS ON CONDUCT. The apartment and other areas threatening violence; possessinga weapon prohibited by state law; reserved for your private use must be kept clean and free of discharging a firearm in the apartment community; displaying or trash, garbage, and other debris. Trash must be disposed of at possessing a gun, knife, or other weapon in the common area in least weekly in appropriate receptacles in accordance with local a way that may alarm others; storing anything in closets having ordinances. Passageways may be used only for entry or exit. gas appliances; tampering with utilities or telecommunications; You agree to keep all passageways and common areas free of bringing hazardous materials into the apartment community; or obstructions such as trash, storage items, and all forms of personal injuring our reputation by making bad faith allegations against property. No person shall ride or allow bikes, skateboards, or us to others, other similar objects in the passageways. Any swimming pools, saunas, spas, tanning beds, exercise rooms, storerooms, laundry 22. PARKING. We may regulate the time, manner, and place of rooms, and similar areas must be used with care in accordance parking cars, trucks, motorcycles, bicycles, boats, trailers, and with apartment rules and posted signs. Glass containers are recreational vehicles by anyone. We may have unauthorized or prohibited in all common areas. You, your occupants, or guests illegally parked vehicles towed under an appropriate statute. may not anywhere in the apartment community: use candles or A vehicle is unauthorized or illegally parked in the apartment use kerosene lamps or kerosene heaters without our prior written community if it: approval; cook on balconies or outside; or sol business or (1) has a flat tire or other condition rendering it inoperable; or contributions. Conducting any kind of business (including child (2) ison jacks, blocks or has wheel(s) missing; or care services) in your apartment or in the apartment community (3) has no current license plate or no current registration and/or is prohibited—except that any lawful business conducted “at inspection sticker; or home” by computer, mail, or telephone is permissible if customers, (4) takes up more than one parking space; or clients, patients, or other business associates do not come to your (5) belongs to a resident or occupant who has surrendered or apartment for business purposes. We may regulate: (1) the use abandoned the apartment; or of patios, balconies, and porches; (2) the conduct of furniture (6) is parked in a marked handicap space without the legally movers and delivery persons; and (3) recreational activities in required handicap insignia; or common areas. You'll be liable to us for damage caused by you or (7) is parked in space marked for manager, staff, or guest at the any guests or occupants. office; or We may exclude from the apartment community guests or others (8) blocks another vehicle from exiting; or who, in our judgment, have been violating the law, violating (9) is parked ina fire lane or designated “no parking" area; or this Lease Contract or any apartment rules, or disturbing other (10) is parked in a space marked for other resident(s) or unit(s); or residents, neighbors, visitors, or owner representatives. We may (11) is parked on the grass, sidewalk, or patio; or also exclude from any outside area or common area a person who (12) blocks garbage trucks from access to a dumpster; or refuses to show photo identification or refuses to identify himself (13) belongs to a resident and is parked in a visitor or retail or herselfas a resident, occupant, or guest of a specific resident in parking space. the community. 23. RELEASE OF RESIDENT. Unless you're entitled to terminate You agree to notify us if you or any occupants are convicted of any your tenancy under paragraphs 10 (Special Provisions), 16 felony, or misdemeanor involving a controlled substance, violence (Delay of Occupancy), 32 (Responsibilities of Owner), 44 (Right of to another person or destruction of property. You also agree to Victims of Domestic Abuse to Terminate Tenancy), or 52 (Move- notify us if you or any occupant registers as a sex offender in Out Procedures); or unless, upon your death, your personal any state. Informing us of criminal convictions or sex offender representative gives statutory notice pursuant to paragraph registry does not waive our right to evict you. © 2024, National Apartment Association, Ine. - 2024, Minnesota Page 3 of 8 Blue Moon e! nature Set s Document ID: 431341249 27-CV-HC-24-4154 Filed in District Court State of Minnesota 43 (Termination of Lease Upon Death of Resident), you or your any repairs, painting, wallpapering, carpeting, electr R/@M@NAf:10;40 AM heirs won't be released from this Lease Contract for any reason or otherwise alter our property. No holes or stickers are allowed including, but not limited to, voluntary or involuntary school inside or outside the apartment. But we'll permit a reasonable withdrawal or transfer, voluntary or involuntary job transfer, number of small nail holes for hanging pictures on sheetrock marriage, separation, divorce, reconciliation, loss of co-residents, walls and in grooves of wood-paneled walls, unless our rules state loss of employment or bad health. otherwise. No water furniture, washing machines, additional phone or TV-cable outlets, alarm systems, or lock changes, 24. MILITARY PERSONNEL CLAUSE. All parties to this Lease additions, or rekeying is permitted unless statutorily allowed Contract agree to comply with any federal law, including, but not or we've consented in writing. You may install a satellite dish limited to the Service Member's Civil Relief Act, or any applicable or antenna provided you sign our satellite dish or antenna lease state law(s), if you are seeking to terminate this Lease Contract addendum which complies with reasonable restrictions allowed and/or subsequent renewals and/or Lease Contract extensions by federal law. You agree not to alter, damage, or remove our under the rights granted by such laws property, including alarm systems, smoke detectors, furniture, telephone and cable TV wiring, screens, locks, and access control 25. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants devices. When you move in, we'll supply light bulbs for fixtures and guests must exercise due care for your own and others’ safety we furnish, including exterior fixtures operated from inside the and security, especially in the use of smoke detectors, carbon apartment; after that, you'll replace them at your expense with monoxide detectors, keyed deadbolt locks, keyless bolting devices, bulbs of the same type and wattage. Your improvements to the window latches, and access control devices. apartment (whether or not we consent) become ours unless we Smoke Detectors/Carbon Monoxide Detectors. We'll furnish agree otherwise in writing. smoke detectors and carbon monoxide detectors only if required by statute, and we'll test them and provide working batteries 27. REQUESTS, REPAIRS, AND MALFUNCTIONS. IF YOU OR when you first take possession. After that, you must test the ANY OCCUPANT NEEDS TO SEND A NOTICE OR REQUEST— smoke detectors and the carbon monoxide detectors on a regular FOR EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES, OR basis, and pay for and replace batteries as needed, unless the law SECURITY RELATED MATTERS—IT MUST BE SUBMITTED provides otherwise. We may replace dead or missing batteries at THROUGH EITHER THE ONLINE RESIDENT/MAINTENANCE your expense, without prior notice to you. You must immediately PORTAL, OR SIGNED AND IN WRITING AND DELIVERED TO OUR report smoke-detector malfunctions to us. Neither you nor others DESIGNATED REPRESENTATIVE (except in case of fire, smoke, may disable neither the smoke detectors nor the carbon monoxide gas, explosion, overflowing sewage, uncontrollable running detectors. If you damage or disable the smoke detector or carbon water, electrical shorts, or crime in progress). Our written notes monoxide detector, or remove a battery without replacing it with on your oral request do not constitute a written request from you. a working battery, you may be liable to us under state statute for Our complying with or responding to any oral request regarding $100 plus one month's rent, actual damages, and attorney’s fees. security or non-security matters doesn't waive the strict If you disable or damage the smoke detector or carbon monoxide requirement for written notices under this Lease Contract. You detector, or fail to replace a dead battery or report malfunctions to must promptly notify us in writing of: water leaks; electrical us, you will be liable to us and others for any loss, damage, or fines problems; malfunctioning lights; broken or missing locks or from fire, smoke, or water. latches; and other conditions that pose a hazard to property, Casualty Loss. We're not liable to any resident, guest, oroccupant health, or safety. We may change or install utility lines or for personal injury or damage or loss of personal property from equipment serving the apartment if the work is done reasonably any cause, including but not li ited to: fire, smoke, rain, flood without substantially increasing your utility costs. We may water and pipe leaks, hail, ice, snow, lightning, wind, explosions, turn off equipment and interrupt utilities as needed to avoid earthquake, interruption of utilities, theft, or vandalism unless property damage or to perform work. If utilities malfunction or otherwise required by law. We have no duty to remove any ice, are damaged by fire, water, or similar cause, you must notify our sleet, or snow but may remove any amount with or without notice. representative immediately. Air conditioning problems are not During freezing weather, you must ensure that the temperature emergencies. If air conditioning or other equipment malfunctions, in the apartment is sufficient to make sure that the pipes do not you must notify our representative as soon as possible on a freeze (the appropriate temperature will depend upon weather business day. We'll act with customary diligence to make repairs conditions and the size and layout of your unit). If the pipes and reconnections. Rent will not abate in whole or in part. freeze or any other damage is caused by your failure to properly If we believe that fire or catastrophic damage is substantial, or maintain the heat in your apartment, you'll be liable for damage that performance of needed repairs poses a danger to you, we to our and other's property. If you ask our representatives t