Preview
27-CV-HC-24-4163
Filed in District Court
State of Minnesota
6/24/2024 1:04 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
TMIF II Urbana Court LLC, CASE NO.
Plaintiff,
Vv. EVICTION ACTION COMPLAINT
Robert Borgen
Patricia Enno
5401 94" Ave N #170
Brooklyn Park, MN 55443,
Defendants.
Robin Ann Williams, Laurel J. Pugh, Kerri J. Nelson, Danielle C. Dobry, or Peter B. Wagner,
attorney for Plaintiff, states and declares as follows:
)) Plaintiff leased to Defendants, by a written agreement, the following premises:
Address and Unit: 5401 94" Ave N #170
City: Brooklyn Park
State: Minnesota
Zip Code: 55443
County: Hennepin
The lease is attached as Exhibit A to this complaint.
2) The rent due and payable under this agreement each month is $1,850.00, plus pet rent of
$85.00 for a total amount due of $1,935.00 on the first day of each month.
3) The owner of the premises described above is TMIF II Urbana Court LLC.
4) Plaintiff/owner, having present right of possession of said property, has complied with
Minn. Stat. 504B.181 by:
Hl a. disclosing to Defendants either in the rental agreement or otherwise in
writing prior to commencement of tenancy the name and address of:
1 the person authorized to manage premises AND
2 the owner or agent authorized by owner to accept service of process
and receive and give receipts for notice and demands AND
27-CV-HC-24-4163
Filed in District Court
State of Minnesota
6/24/2024 1:04 PM
O b posting outside the management office a printed notice containing the above
information; OR
Hc. the above information was known by Defendants not less than 30 days before
the filing of this action because it is in the lease.
5) Plaintiff seeks to have Defendants evicted for the following reasons:
a.(i) This is a nonpayment eviction action.
x Plaintiff has provided Defendants with notice required by Minn. Stat. 504B.321,
Subd. la. The notice is attached as Exhibit B to this complaint.
(ii) Defendants’ unit:
] does not participate in a federal or state housing subsidy program.
(ili) Defendants are still in possession of the above premises and have failed to pay amounts
due under the lease. The total amount owed by Defendant is $2,968.10. In addition,
Plaintiff demands payment of “costs of the action” pursuant to Minn. Stat. 504B.291.
] Attached as Exhibit C is the ledger or statement of owed amounts. Plaintiff is not
seeking May 2024 storage rent of $35.48, or June 2024 storage rent of $50.00.
6) Plaintiff seeks judgment against the above Defendants for recovery of said premises plus
costs and disbursements herein.
7) Defendants are not now in the military or naval service of the United States, to the best of
Plaintiff's information and belief.
I declare under penalty of perjury that everything that I have stated in this document is true and
correct. Minn. Stat. § 358.116.
Dated: _June 24, 2024 ABRITER PLLC
Hennepin County, Minnesota By: /s/ Danielle C. Dobry
County and State where signed Danielle C. Dobry (#0399205)
5775 Wayzata Boulevard, Suite 700
St. Louis Park, MN 55416
612-349-2769
ddobry@abriterlaw.com
Attorneys for Plaintiff
27-CV-HC-24-4163
Filed in District Court
eee State of Minnesota
Exhibit
024 1:04 PM
APARTMENT LEASE CONTRACT —— A
NATIONAL APARTHE NTheASSOCIA
Way ee
Date of Lease Contract: September 12, 2023
(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. LEASETERM. The initial term
of the Lease Contract
begins on the
“lease’) is between you, the resident(s) (list all people signing the 13th day of. September 2023 | and ends at
Lease Contract): 11:59 pm the 14th dayof September 2024 |
Robert Borgen, Patricia Enno 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.
4. RENT AND CHARGES. Unless the parties agree in writing
otherwise, you will pay $ 1850.00 per month for rent,
payable in advance and without deman
() atthe on-site manager's office, or
and us the owner: Urbana Court & atour online payment site, or
&) at MoneyGram
(name of apartment community or title holder). You've agreed to rent Prorated rent of $ 1110.00 isduefortheremainder of [check
Apartment No. at 5401 94TH AVE one]: () 1st month or () 2nd month, on__September 13,
N_UNIT 170 2023 . Any additional expenses attributable to the online
(street address) in payment of rent will be disclosed to you by us.
Brooklyn Park (city),
Minnesota, 55443 (zip code) (the “apartment” or the Otherwise, you must pay your rent on or before the 1st day of each
“premises”) for use as a private residence only. The terms “you” and month (due date) with no grace period. Cash is unacceptable without
“your” refer to all residents listed above. The terms “we, us,” and our prior written permission. You must not withhold or offset
“our” refer to the owner listed above (or any of owner's successors’ rent unless authorized by statute. We may, at our option, and upon
in interest or assigns). Written or electronic notice to or from our advance notice to you, require at any time that you pay all rent and
managers constitutes notice to or from us. If anyone else has other sums in cash, certified or cashier's check, money order, or one
guaranteed performance of this Lease Contract, a separate Lease monthly check rather than multiple checks. At our discretion, we
Contract Guaranty for each guarantor is attached. may convert any and all checks via the Automated Clearing House
(ACH) system for the purposes of collecting payment. Rent is not
The person authorized to manage the apartment is: considered accepted if the payment/ACH is rejected, does not clear,
Pamela Jackson or is stopped for any reason. If you don't pay all rent on or before
Name the 5th day of the month, you'll pay a late charge. Your late
5401 94th Ave North
charge will be (check one): () a flat rate of $ or
8 __% ofyour total rent due. The total amount
of your late
Street Address
charges shall not exceed eight percent (8%) of your monthly rent
payment. You'll also pay a charge of $ 75. for each
Brooklyn Park, MN 55443 returned check or rejected electronic payment, plus alate charge.
City, State, Zip Code Ifyou don’t pay rent on time, you'll be delinquent and all remedies
The owner or agent authorized to accept service of process and under this Lease Contract will be authorized. All payment obligations
receive and give receipts for notices is: under this Lease Contract shall constitute rent under this Lease
Contract.
Paige Velazquez
Name 5. SECURITY DEPOSIT. Unless the parties otherwise agree ina
1125 Executive Cir separate addendum document, the total security depositat the time
of execution of this Lease Contract for all residents in the apartment
Street Address
is $ 1850.00 due on or before the date this Lease Contract
is signed.
Irving, TX 75038
City, State, Zip Code In compliance with Minnesota law, your security deposit will
bear simple interest. Interest will be included as part of the
2. OCCUPANTS. The apartment will be occupied only by you and security deposit. Within 21 days after termination of your residency
(list all other occupants not signing the Lease Contract): and receipt of your mailing address or written delivery instructions,
we will return the depositto you, with interest, or furnish to you a
written statement specifying the reasons for the withholding of the
deposit or any portion thereof, You may not withhold payment of
any portion of any rent on the grounds that the security deposit
should serve as payment of the rent.
6. KEYS. You willbe provided apartment key(s),__2
mailbox key(s),__2 FOB(s), and/or other access
device(s) for access to the building and amenities at no additional
cost at move-in. If the key, FOB, or other access device is lost or
becomes damaged during your tenancy or is not returned or is
returned damaged when you move out, you will be responsible for
the costs for the replacement and/or repair of the same
No one else may occupy the apartment. Persons 7not listed above 7. UTILITIES. We'll pay for the following items, if checked:
must not stay in the apartment for more than consecutive
days without our prior written consent, and no more than twice O) water O gas (J electricity |) master antenna
that many days in any one month. If the previous space isn't filled U) wastewater ) trash O) cable TV
QQ other
in, two days per month is the limit.
You'll pay for all other utilities, related deposits, and any charges,
fees, or services on such utilities. You must not allow utilities to be
© 2023, National Apartment Association, Inc. - 4/2023, Minnesota Page 1 of 8
’ Patricia M Enno 7 Pobort D Borgen —*' Pamela fackton
27-CV-HC-24-4163
Filed in District Court
State of Minnesota
disconnected—including disconnection for not paying your bills— Additionally, you are [check one] &) required to purchase p&iS4a9?4 1:04 PM
until the lease term or renewal period ends. Cable channels that are liability insurance () not required to purchase personal liability
provided may be changed during the lease term if the change applies insurance. If no box is checked, personal liability insurance is not
to all residents. Utilities may be used only for normal household required. Ifrequired, failureto maintain personal liability insurance
purposes and must not be wasted. If your electricity is ever throughout your tenancy, including any renewal periods and/or
interrupted, you must use only battery-operated lighting. If any lease extensions, is an incurable breach of this Lease Contract and
utilities are submetered for the apartment, or prorated by an may result in the termination of tenancy and eviction and/or any
allocation formula, we will attach an addendum to this Lease Contract other remedies as provided by this Lease Contract or state law.
in compliance with state agency rules or city ordinance. Pursuant
to Minnesota Statute 504B.215 Subd. 2a. upon your request, we 9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
shall providea copy of the actual utility bill for the community along prior resident moves out. The rekeying will be done before you move
with each apportioned utility bill. into your apartment.
You may atany time ask us to change or rekey locks or latches during
8. INSURANCE. We do not maintain insurance to cover your personal the Lease Term. We must comply with those requests, but you must
property or personal injury. We are not responsible to any resident, pay for them, unless otherwise provided by law.
guest, or occupant for damage or loss of personal property or
personal injury from (including but not limited to) fire, smoke, rain, Payment for Rekeying, Repairs, Etc. You must pay for all repairs
flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, or replacements to devices arising from the willful, malicious, or
earthquake, interruption of utilities, theft, hurricane, negligence of irresponsible conduct by you or your occupants, or guests during
other residents, occupants, or invited /uninvited guests or vandalism your occupancy. You may be required to pay in advance if we notify
unless otherwise required by law. you within a reasonable time after your request that you are more
than 30 days delinquentin reimbursing us for repairing or replacing
In addition, we urge all residents, and particularly those residing a device which was misused or damaged by you, your guest or an
in coastal areas, areas near rivers, and areas prone to flooding, to occupant; or if you have requested that we repairor change orrekey
obtain flood insurance. Renter's insurance may not cover damage the same device during the 30 days preceding your request and we
to your property due to flooding. A flood insurance resource which have complied with your request. Otherwise, you must pay
may be available includes the National Flood Insurance Program immediately after the work is completed.
managed by the Federal Emergency Management Agency (FEMA).
We require L) do not require you to get your own insurance
for losses to your personal property or injuries due to theft, fire,
water damage, pipe leaks and the like. If no box is checked, renter’s
insurance is not required.
Special Provisions and “What If” Clauses
10.SPECIAL PROVISIONS. The following special provisions and any owns or uses) if you are judicially evicted or if you surrender or
addenda or written rules furnished to you at or before signing will abandon the apartment (see definitions in paragraph 56 (Deposit
become a part of this Lease Contract and wi supersede any Return,Surrender, and Abandonment). We will store and care for
conflicting provisions of this printed lease form. property removed under this section. We may sell or otherwise
dispose of the property 28 days after you have abandoned the
apartment, and we may apply the proceeds of such sale to the
removal, care and storage costs and expenses according to state
statute. You will be notified of the sale atleast 14 days prior to the
sale by personal service or written notice sent to your last known
address by certified mail.
See any additional special provisions. 14. FAILING TO PAY FIRST MONTH'S RENT. Ifyou don’tpay the first
11.EARLY MOVE-OUT. You'll be liable to us fora reletting charge of
month's rent when or before the Lease Contract begins, and subject
$ 1850.00 (not to exceed 100% of the highest monthly rent to our duty to mitigate our damages, we may end your right of
during the lease term) if you: occupancy and recover damages, future rent, reletting charges,
attorney's fees, court costs, and other lawful charges. Our rights
@ fail to give written move-out notice as required in paragraph and remedies under paragraphs 11 (Early Move-Out) and 34 (Default
51 (Move-Out Notice); or by Resident) apply to acceleration under this paragraph.
(2) move out without paying rent in full for the entire lease term
or renewal period; or 15.RENT INCREASES AND LEASE CONTRACT CHANGES. No rent
(3) move out at our demand because of your default. increases or Lease Contract changes are allowed before the initial
The reletting charge is not a cancellation fee and does not release you Lease Contract term ends, except for changes allowed by any special
from your obligations under this Lease Contract. provisions in paragraph 10 (Special Provisions), by a written
addendum or amendment signed by you and us, or by reasonable
Not a Release. The reletting charge is not a lease cancellation fee changes of apartment rules allowed under paragraph 19 (Community
or buyout fee. It is anagreed-to liquidated amount covering only part Policies or Rules). If, at least 5 days before the advance notice deadline
of our damages; thatiis, our time, effort, and expense in finding and referred to in paragraph 3 (Lease Term), we give you written notice
processing a replacement. These damages are uncertain and difficult of rent increases or lease changes effective when the lease term or
to ascertain—particularly
those relatingto inconvenience, paperwork, renewal period ends, this Lease Contract will automatically
continue
advertising, showing apartments, utilities for showing, checking month-to-month with the increased rent or lease changes. The new
prospects, office overhead, marketing costs, and locator-service fees. modified Lease Contract will begin on the date stated in the notice
You agree that the reletting charge is a reasonable estimate of such (without necessity of your signature) unless you give us written
damages and that the charge is due whether or not our reletting move- out notice under paragraph 51 (Move-Out Notice).
attempts succeed. Ifno amountis stipulated,
you must pay our actual
reletting costs so far as they
can be determined.
The reletting charge 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for
does not release you from continued liability for: future or past-due construction, repairs, cleaning, or a previous resident's holding
rent; charges for cleaning, repairing, repainting, or unreturned keys; over, we're not responsible for the delay. The Lease Contract will
or other sums due. remain in force subject to: (1) abatement of rent on a daily basis
during delay; and (2) your right to terminate as set forth below.
12.REIMBURSEMENT. We agree to make the premises and all common Termination notice must be in writing. After termination, you are
areas fit for the use intended by the parties and to keep the premises entitled onlyto refund of deposit(s) and any rent paid, Rent abatement
inareasonable repair during the term ofthis Lease Contract. However, orlease termination does not apply if delay is for cleaning or repairs
you must promptly reimburse us for repairs due to the willful, that don’t prevent you from occupying the apartment.
malicious, or irresponsible conduct by you or your guests or occupants.
We may require payment at any time, including advance paymentof If there is a delay and we haven't given notice of delay as set forth
repairs for which you're liable. Delay in demanding
sums you owe is immediately below, you may terminate up to the date when the
not a waiver.
apartment is ready for occupancy, but not later.
(1) If we give written notice to any of you when or after the initial
13.PROPERTY LEFTINAPARTMENT. Under Minnesota law, we may termas set forth in Paragraph 3 (Lease Term)—and the notice
remove and/or store all property remaining in the apartmentor in states that occupancy has been delayed because of construction
ommonareas (including any vehicles you or any occupant
or guest or a previous resident's holding over, and that the apartment
© 2023, National Apartment Association, Inc. - 4/2023, Minnesota Page 2 of 8
? PatriciaM Enno ~* Robert
Y Borgen 2 2 A
27-CV-HC-24-4163
Filed in District Court
State of Minnesota
will be ready on a specific date—you may terminate your we are charged a fee, charge, or tax, based upon your use or ocpaheg24 2:04 PM
tenancy within 3 days of your receiving the notice, but not later. ofthe apartment, we may add this charge as Additional Rent, during
the term of the Lease Contract, with thirty (30) days advance written
(2) If we give written notice to any of you before the initial term notice toyou. After this written notice (the amount or approximate
as set forth in Paragraph 3 (Lease Term) and the notice states
that construction delay is expected and that the apartment will amount ofthe charge, will be included), you agree to pay, as Additional
be ready for youto occupy ona specific date, you may terminate Rent, the amount of the charge, tax or fee imposed upon us, as a
your tenancy within 7 days after any of you receives written result of your occupancy. As examples, these charges can include,
notice, but not later. The readiness date is considered the new
butare not limited to: any charges we receive for any zoning violation,
initial term as set forth in Paragraph 3 (Lease Term) for all sound, noise or litter charge; any charge under any nuisance or
purposes. This new date may not be moved to an earlier date chronic nuisance type statute, 911 or other life safety, per person,
unless we and you agree or per unit charge or tax and any utility bill unpaid by you, which
is then assessed to us for payment.
17.AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL RENT.
Unless otherwise prohibited by law, if, during the term of this 18.DISCLOSURE RIGHTS. If someone requests information on you
Agreement, any locality, city, state, or Federal Government imposes or your rental history for law-enforcement, governmental, or
upon Us, any fee, charge, or tax, which is related to or charged by business purposes, we may provide it.
the number of occupants, or by the apartment unititself, such that
While You're Living in the Apartment
19.COMMUNITY POLICIES OR RULES. You and all guests and 22.PARKING. We may regulate the time, manner, and place of parking
occupants must comply with any written apartment rules and cars, trucks, motorcycles, bicycles, boats, trailers, and recreational
community policies, including instructions for care of our property. vehicles by anyone. We may have unauthorized or illegally parked
To the extent they are not inconsistent with this Lease Contractor vehicles towed underan appropriatestatute. A vehicle is unauthorized
Minnesota law, our rules are considered part of this Lease Contract. or illegally parked in the apartment community if it:
Upon advance notice and compliance with Minnesota law, we may @ has a flat tire or other condition rendering it inoperable; or
make reasonable changes to the said written rules.
(2) is on jacks, blocks or has wheel(s) missing; or
20. LIMITATIONS ON CONDUCT. The apartment and other areas (3) has no current license plate or no current registration and /or
reserved for your private use must be kept clean and free of trash, inspection sticker; or
garbage, and other debris. Trash must be disposed of atleast weekly 4 takes up more than one parking space; or
in appropriate receptacles in accordance with local ordinances. (5) belongs to a resident or occupant who has surrendered or
Passageways may be used only for entry or exit. You agree to keep abandoned the apartment; or
all passageways and common areas free of obstructions such as (6) is parked in a marked handicap space without the legally
trash, storage items, and all forms of personal property. No person
required handicap insignia; or
shall ride or allow bikes, skateboards, or other similar objects in 7) is parked in space marked for manager, staff, or guestat the
office; or
the passageways. Any swimming pools, saunas, spas, tanning beds,
exercise rooms, storerooms, laundry rooms, and similar areas must (8) blocks another vehicle from exiting; or
be used with care in accordance with apartment rules and posted (9) is parked ina fire lane or designated “no parking” area; or
signs. Glass containers are prohibited in all common areas. You, (10) is parked ina space marked for other resident(s) or unit(s); or
your occupants, or guests may not anywhere in the apartment (11)is parked on the grass, sidewalk, or patio; or
community: use candles or use kerosene lamps or kerosene heaters (12)blocks garbage trucks from access to a dumpster; or
without our prior written approval; cook on balconies or outside; (13) belongs toa resident and is parked ina visitor or retail parking
or solicit business or contributions. Conductingany kind of business space.
(including child care services) in your apartmentor in the apartment 23.RELEASE OF RESIDENT. Unless you're entitled to terminate your
communityis prohi ited—except that any lawful business conducted tenancy under paragraphs 10 (Special Provisions), 16 (Delay of
“athome” by computer, mail, or telephone is permissible if customers, Occupancy), 32 (Responsibilities of Owner), 44 (Rightof Victims of
clients, patients, or other business associates do not come to your Domestic Abuse to Terminate Tenancy), or 52 (Move-Out Procedures);
apartment for business purposes. We may regulate: (1) the use of or unless, upon your death, your personal representative gives
patios, balconies, and porches; (2) the conduct of furniture movers statutory notice pursuant to paragraph 43 (Termination of Lease
and delivery persons; and (3) recreational activities in common Upon Death of Resident), you or your heirs won't be released from
areas. You'll be liable to us for damage caused by you or any guests this Lease Contract for any reason including, but not limited to,
or occupants. voluntaryor involuntary school withdrawal or transfer, voluntary
We may exclude from the apartment community guests or others or involuntary job transfer, marriage, separation, divorce,
who, in our judgment, have been violating the law, violating this reconciliation, loss of co-residents, loss of employment or bad health.
Lease Contract or any apartmentrules, or disturbing other residents,
neighbors, visitors, or owner representatives. We may also exclude 24.MILITARY PERSONNELCLAUSE. All parties to this Lease Contract
from any outside area or common area a person who refuses to agree to comply with any federal law, including, but not limited to
show photo identification or refuses to identify himself or herself the Service Member's Civil Relief Act, or any applicablestate law(s),
as a resident, occupant, or guest of a specific resident in the ifyouare seeking to terminate this Lease Contract and/or subsequent
community. renewals and/or Lease Contract extensions under the rights granted
by such laws.
You agree to notify us ifyou or any occupants are convicted of any
felony, or misdemeanor involving a controlled substance, violence 25.RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants
to another person or destruction of property. You also agree to and guests must exercise due care for your own and others’ safety
notify us if you or any occupant registers as a sex offender in any and security, especially in the use of smoke detectors, carbon monoxide
state. Informing us of criminal convictions or sex offender registry detectors, keyed deadbolt locks, keyless bolting devices, window
does not waive our right to evict you. latches, and access control devices.
21.PROHIBITED CONDUCT. You, your occupants or guests, or the Smoke Detectors/Carbon Monoxide Detectors. We'll furnish
guests of any occupants, may not engage in the following activities: smoke detectors and carbon monoxide detectors only if required by
behaving ina loud or obnoxious manner; disturbing or threatening statute, and we'll test them and provide working batteries when you
the rights, comfort, health, safety, or convenience of others (including first take possession. After that, you must test the smoke detectors
our agents and employees) in or near the apartment community; and the carbon monoxide detectors on a regular basis, and pay for
disrupting our business operations; manufacturing, delivering, and replace batteries as needed, unless the law provides otherwise.
possessingwith intentto deliver, or otherwise possessinga controlled We may replace dead or missing batteries at your expense, without
substance or drug paraphernalia; engaging in or threatening prior notice to you. You must immediately report smoke-detector
violence; possessing.a weapon prohibited by state law; discharging malfunctions to us. Neither you nor others may disable neither the
a firearm in the apartment community; displaying or possessing a smoke detectors nor the carbon monoxide detectors. If you damage
gun, knife, or other weapon in the common area ina way that may or disable the smoke detector or carbon monoxide detector, or remove
alarm others; storing anything in closets having gas appliances; a battery without replacing it with a working battery, you may be
tampering with utilities or telecommunications; bringing hazardous liable to us under state statute for $100 plus one month’s rent, actual
materials into the apartment community; or injuring our reputation damages, and attorney's fees. If you disable or damage the smoke
by making bad faith allegations against us to others. detectoror carbon monoxide detector, or fail to replacea dead battery
or report malfunctions to us, you will be liable to us and others for
any loss, damage, or fines from fire, smoke, or water.
© 2023, National Apartment Association, Inc. - 4/2023, Minnesota Page 3 of 8
* Datricia M Enno » Robert
D Borgen ” Pamela fachson
27-CV-HC-24-4163
Filed in District Court
State of Minnesota
Casualty Loss. We're not liable to any resident, guest, or occupant utility costs. We may turn off equipment and interrupt utif?44Q24 1:04 PM
for personal injury or damage or loss of personal property from any needed to avoid property damage or to perform work. If utilities
cause, including but not limited to: fire, smoke, rain, flood, water malfunction or are damaged by fire, water, or similar cause, you
and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, must notify our representative immediately. Air conditioning
interruption of utilities, theft, or vandalism unless otherwise problems are not emergencies. If air conditioning or other equipment
required by law. We have no duty to remove any ice, sleet, or snow malfunctions,you must notify our representative as soon as possible
but may remove any amount with or without notice. During freezing ona business day. We'll act with customary diligence to make repairs
weather, you must ensure that the temperature in the apartment is and reconnections. Rent will not abate in whole or in part.
sufficient to make sure that the pipes do not freeze (the appropriate Ifwe believe that fire or catastrophic damage is substantial, or that
temperature will depend upon weather conditions and the size and performance of needed repairs poses a danger to you, we may
layout of your unit). If the pipes freeze
or any other damageis caused terminate your tenancy within a reasonable time by giving you
by your failure to properly maintain the heat in your apartment, written notice. If your tenancy isso terminated, we'll refund prorated
you'll be liable for damage to our and other's property. If you ask rent and all deposits, less lawful deductions.
our representatives to perform services not contemplated in this
Lease Contract, you will indemnify us and hold us harmless from 28.ANIMALS. Unless otherwise provided under federal, state, or
all liability for these services. local law, no animals (including mammals, reptiles, birds, fish,
Crime or Emergency. Dial 911 or immediately call local medical rodents, and insects) are allowed, even temporarily, anywhere in
emergency, fire, or police personnel in case of accident, fire, smoke, the apartment or apartment Community unless we've so authorized
or suspected criminal activity, or other emergency involving in writing. You must remove an illegal or unauthorized animal within
imminentharm. You should then contact our representative. We're 24 hours of notice from us, or you will be considered in default of
notobliged to furnish security personnel, security lighting, security this Lease Contract. Ifwe allow an animal asa pet, you must execute
gates or fences, or other forms of security. If we provide any access a separate animal addendum which may require additional deposits,
control devices or security measures upon the property, they are rents, fees or other charges. We will authorize an assistance animal
not a guarantee to prevent crime or to reduce the risk of crime on for a disabled person. When allowed by applicable laws, before we
the property. You agree that no access control or security measures authorize an assistance animal, if the disability is not readily
can eliminate all crime
and that you will notrely upon any provided apparent, we may require a written statement from a qualified
access control or security measures as a warranty
or guarantee of professional verifying the disability-related need for the assistance
any kind, We're not responsible for obtaining criminal-history checks animal. If we authorize an assistance animal, we may require you
onany residents, occupants, guests, or contractors in the apartment to execute a separate animal and/or assistance animal addendum.
community. If you or any occupant or guest is affected by a crime, Animal deposits, additional rents, fees or other charges will notbe
you must make a written report to our representative and to the required foran assistance animal needed due todisability, including
appropriate local law-enforcement agency. You must also furnish an emotional support or service animal, as authorized under federal,
us with the law-enforcement agency’: ncident reportnumber upon state, or local law. You must not feed stray or wild animals.
request. If you or any guest or occupant violates animal restrictions (with
or without your knowledge), you'll be subject to charges, damages,
26.CONDITION OF THE APARTMENT AND ALTERATIONS.
eviction, and other remedies provided in this Lease Contract. If an
You accept the apartment, fixtures, and furniture as is, except for animal has been in the apartment at any time during your term of
conditions materially affecting the health or safety of ordinary occupancy (with or without our consent), we'll charge you for
persons. We disclaim all implied warranties. You'll be given an defleaing, deodorizing, and shampooing. Initial and
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27-CV-HC-24-4163 Filed in District Court State of Minnesota 6/24/2024 1:04 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT TMIF II Urbana Court LLC, CASE NO. Plaintiff, Vv. EVICTION ACTION COMPLAINT Robert Borgen Patricia Enno 5401 94" Ave N #170 Brooklyn Park, MN 55443, Defendants. Robin Ann Williams, Laurel J. Pugh, Kerri J. Nelson, Danielle C. Dobry, or Peter B. Wagner, attorney for Plaintiff, states and declares as follows: )) Plaintiff leased to Defendants, by a written agreement, the following premises: Address and Unit: 5401 94" Ave N #170 City: Brooklyn Park State: Minnesota Zip Code: 55443 County: Hennepin The lease is attached as Exhibit A to this complaint. 2) The rent due and payable under this agreement each month is $1,850.00, plus pet rent of $85.00 for a total amount due of $1,935.00 on the first day of each month. 3) The owner of the premises described above is TMIF II Urbana Court LLC. 4) Plaintiff/owner, having present right of possession of said property, has complied with Minn. Stat. 504B.181 by: Hl a. disclosing to Defendants either in the rental agreement or otherwise in writing prior to commencement of tenancy the name and address of: 1 the person authorized to manage premises AND 2 the owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands AND 27-CV-HC-24-4163 Filed in District Court State of Minnesota 6/24/2024 1:04 PM O b posting outside the management office a printed notice containing the above information; OR Hc. the above information was known by Defendants not less than 30 days before the filing of this action because it is in the lease. 5) Plaintiff seeks to have Defendants evicted for the following reasons: a.(i) This is a nonpayment eviction action. x Plaintiff has provided Defendants with notice required by Minn. Stat. 504B.321, Subd. la. The notice is attached as Exhibit B to this complaint. (ii) Defendants’ unit: ] does not participate in a federal or state housing subsidy program. (ili) Defendants are still in possession of the above premises and have failed to pay amounts due under the lease. The total amount owed by Defendant is $2,968.10. In addition, Plaintiff demands payment of “costs of the action” pursuant to Minn. Stat. 504B.291. ] Attached as Exhibit C is the ledger or statement of owed amounts. Plaintiff is not seeking May 2024 storage rent of $35.48, or June 2024 storage rent of $50.00. 6) Plaintiff seeks judgment against the above Defendants for recovery of said premises plus costs and disbursements herein. 7) Defendants are not now in the military or naval service of the United States, to the best of Plaintiff's information and belief. I declare under penalty of perjury that everything that I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated: _June 24, 2024 ABRITER PLLC Hennepin County, Minnesota By: /s/ Danielle C. Dobry County and State where signed Danielle C. Dobry (#0399205) 5775 Wayzata Boulevard, Suite 700 St. Louis Park, MN 55416 612-349-2769 ddobry@abriterlaw.com Attorneys for Plaintiff 27-CV-HC-24-4163 Filed in District Court eee State of Minnesota Exhibit 024 1:04 PM APARTMENT LEASE CONTRACT —— A NATIONAL APARTHE NTheASSOCIA Way ee Date of Lease Contract: September 12, 2023 (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. LEASETERM. The initial term of the Lease Contract begins on the “lease’) is between you, the resident(s) (list all people signing the 13th day of. September 2023 | and ends at Lease Contract): 11:59 pm the 14th dayof September 2024 | Robert Borgen, Patricia Enno 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. 4. RENT AND CHARGES. Unless the parties agree in writing otherwise, you will pay $ 1850.00 per month for rent, payable in advance and without deman () atthe on-site manager's office, or and us the owner: Urbana Court & atour online payment site, or &) at MoneyGram (name of apartment community or title holder). You've agreed to rent Prorated rent of $ 1110.00 isduefortheremainder of [check Apartment No. at 5401 94TH AVE one]: () 1st month or () 2nd month, on__September 13, N_UNIT 170 2023 . Any additional expenses attributable to the online (street address) in payment of rent will be disclosed to you by us. Brooklyn Park (city), Minnesota, 55443 (zip code) (the “apartment” or the Otherwise, you must pay your rent on or before the 1st day of each “premises”) for use as a private residence only. The terms “you” and month (due date) with no grace period. Cash is unacceptable without “your” refer to all residents listed above. The terms “we, us,” and our prior written permission. You must not withhold or offset “our” refer to the owner listed above (or any of owner's successors’ rent unless authorized by statute. We may, at our option, and upon in interest or assigns). Written or electronic notice to or from our advance notice to you, require at any time that you pay all rent and managers constitutes notice to or from us. If anyone else has other sums in cash, certified or cashier's check, money order, or one guaranteed performance of this Lease Contract, a separate Lease monthly check rather than multiple checks. At our discretion, we Contract Guaranty for each guarantor is attached. may convert any and all checks via the Automated Clearing House (ACH) system for the purposes of collecting payment. Rent is not The person authorized to manage the apartment is: considered accepted if the payment/ACH is rejected, does not clear, Pamela Jackson or is stopped for any reason. If you don't pay all rent on or before Name the 5th day of the month, you'll pay a late charge. Your late 5401 94th Ave North charge will be (check one): () a flat rate of $ or 8 __% ofyour total rent due. The total amount of your late Street Address charges shall not exceed eight percent (8%) of your monthly rent payment. You'll also pay a charge of $ 75. for each Brooklyn Park, MN 55443 returned check or rejected electronic payment, plus alate charge. City, State, Zip Code Ifyou don’t pay rent on time, you'll be delinquent and all remedies The owner or agent authorized to accept service of process and under this Lease Contract will be authorized. All payment obligations receive and give receipts for notices is: under this Lease Contract shall constitute rent under this Lease Contract. Paige Velazquez Name 5. SECURITY DEPOSIT. Unless the parties otherwise agree ina 1125 Executive Cir separate addendum document, the total security depositat the time of execution of this Lease Contract for all residents in the apartment Street Address is $ 1850.00 due on or before the date this Lease Contract is signed. Irving, TX 75038 City, State, Zip Code In compliance with Minnesota law, your security deposit will bear simple interest. Interest will be included as part of the 2. OCCUPANTS. The apartment will be occupied only by you and security deposit. Within 21 days after termination of your residency (list all other occupants not signing the Lease Contract): and receipt of your mailing address or written delivery instructions, we will return the depositto you, with interest, or furnish to you a written statement specifying the reasons for the withholding of the deposit or any portion thereof, You may not withhold payment of any portion of any rent on the grounds that the security deposit should serve as payment of the rent. 6. KEYS. You willbe provided apartment key(s),__2 mailbox key(s),__2 FOB(s), and/or other access device(s) for access to the building and amenities at no additional cost at move-in. If the key, FOB, or other access device is lost or becomes damaged during your tenancy or is not returned or is returned damaged when you move out, you will be responsible for the costs for the replacement and/or repair of the same No one else may occupy the apartment. Persons 7not listed above 7. UTILITIES. We'll pay for the following items, if checked: must not stay in the apartment for more than consecutive days without our prior written consent, and no more than twice O) water O gas (J electricity |) master antenna that many days in any one month. If the previous space isn't filled U) wastewater ) trash O) cable TV QQ other in, two days per month is the limit. You'll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. You must not allow utilities to be © 2023, National Apartment Association, Inc. - 4/2023, Minnesota Page 1 of 8 ’ Patricia M Enno 7 Pobort D Borgen —*' Pamela fackton 27-CV-HC-24-4163 Filed in District Court State of Minnesota disconnected—including disconnection for not paying your bills— Additionally, you are [check one] &) required to purchase p&iS4a9?4 1:04 PM until the lease term or renewal period ends. Cable channels that are liability insurance () not required to purchase personal liability provided may be changed during the lease term if the change applies insurance. If no box is checked, personal liability insurance is not to all residents. Utilities may be used only for normal household required. Ifrequired, failureto maintain personal liability insurance purposes and must not be wasted. If your electricity is ever throughout your tenancy, including any renewal periods and/or interrupted, you must use only battery-operated lighting. If any lease extensions, is an incurable breach of this Lease Contract and utilities are submetered for the apartment, or prorated by an may result in the termination of tenancy and eviction and/or any allocation formula, we will attach an addendum to this Lease Contract other remedies as provided by this Lease Contract or state law. in compliance with state agency rules or city ordinance. Pursuant to Minnesota Statute 504B.215 Subd. 2a. upon your request, we 9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the shall providea copy of the actual utility bill for the community along prior resident moves out. The rekeying will be done before you move with each apportioned utility bill. into your apartment. You may atany time ask us to change or rekey locks or latches during 8. INSURANCE. We do not maintain insurance to cover your personal the Lease Term. We must comply with those requests, but you must property or personal injury. We are not responsible to any resident, pay for them, unless otherwise provided by law. guest, or occupant for damage or loss of personal property or personal injury from (including but not limited to) fire, smoke, rain, Payment for Rekeying, Repairs, Etc. You must pay for all repairs flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, or replacements to devices arising from the willful, malicious, or earthquake, interruption of utilities, theft, hurricane, negligence of irresponsible conduct by you or your occupants, or guests during other residents, occupants, or invited /uninvited guests or vandalism your occupancy. You may be required to pay in advance if we notify unless otherwise required by law. you within a reasonable time after your request that you are more than 30 days delinquentin reimbursing us for repairing or replacing In addition, we urge all residents, and particularly those residing a device which was misused or damaged by you, your guest or an in coastal areas, areas near rivers, and areas prone to flooding, to occupant; or if you have requested that we repairor change orrekey obtain flood insurance. Renter's insurance may not cover damage the same device during the 30 days preceding your request and we to your property due to flooding. A flood insurance resource which have complied with your request. Otherwise, you must pay may be available includes the National Flood Insurance Program immediately after the work is completed. managed by the Federal Emergency Management Agency (FEMA). We require L) do not require you to get your own insurance for losses to your personal property or injuries due to theft, fire, water damage, pipe leaks and the like. If no box is checked, renter’s insurance is not required. Special Provisions and “What If” Clauses 10.SPECIAL PROVISIONS. The following special provisions and any owns or uses) if you are judicially evicted or if you surrender or addenda or written rules furnished to you at or before signing will abandon the apartment (see definitions in paragraph 56 (Deposit become a part of this Lease Contract and wi supersede any Return,Surrender, and Abandonment). We will store and care for conflicting provisions of this printed lease form. property removed under this section. We may sell or otherwise dispose of the property 28 days after you have abandoned the apartment, and we may apply the proceeds of such sale to the removal, care and storage costs and expenses according to state statute. You will be notified of the sale atleast 14 days prior to the sale by personal service or written notice sent to your last known address by certified mail. See any additional special provisions. 14. FAILING TO PAY FIRST MONTH'S RENT. Ifyou don’tpay the first 11.EARLY MOVE-OUT. You'll be liable to us fora reletting charge of month's rent when or before the Lease Contract begins, and subject $ 1850.00 (not to exceed 100% of the highest monthly rent to our duty to mitigate our damages, we may end your right of during the lease term) if you: occupancy and recover damages, future rent, reletting charges, attorney's fees, court costs, and other lawful charges. Our rights @ fail to give written move-out notice as required in paragraph and remedies under paragraphs 11 (Early Move-Out) and 34 (Default 51 (Move-Out Notice); or by Resident) apply to acceleration under this paragraph. (2) move out without paying rent in full for the entire lease term or renewal period; or 15.RENT INCREASES AND LEASE CONTRACT CHANGES. No rent (3) move out at our demand because of your default. increases or Lease Contract changes are allowed before the initial The reletting charge is not a cancellation fee and does not release you Lease Contract term ends, except for changes allowed by any special from your obligations under this Lease Contract. provisions in paragraph 10 (Special Provisions), by a written addendum or amendment signed by you and us, or by reasonable Not a Release. The reletting charge is not a lease cancellation fee changes of apartment rules allowed under paragraph 19 (Community or buyout fee. It is anagreed-to liquidated amount covering only part Policies or Rules). If, at least 5 days before the advance notice deadline of our damages; thatiis, our time, effort, and expense in finding and referred to in paragraph 3 (Lease Term), we give you written notice processing a replacement. These damages are uncertain and difficult of rent increases or lease changes effective when the lease term or to ascertain—particularly those relatingto inconvenience, paperwork, renewal period ends, this Lease Contract will automatically continue advertising, showing apartments, utilities for showing, checking month-to-month with the increased rent or lease changes. The new prospects, office overhead, marketing costs, and locator-service fees. modified Lease Contract will begin on the date stated in the notice You agree that the reletting charge is a reasonable estimate of such (without necessity of your signature) unless you give us written damages and that the charge is due whether or not our reletting move- out notice under paragraph 51 (Move-Out Notice). attempts succeed. Ifno amountis stipulated, you must pay our actual reletting costs so far as they can be determined. The reletting charge 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for does not release you from continued liability for: future or past-due construction, repairs, cleaning, or a previous resident's holding rent; charges for cleaning, repairing, repainting, or unreturned keys; over, we're not responsible for the delay. The Lease Contract will or other sums due. remain in force subject to: (1) abatement of rent on a daily basis during delay; and (2) your right to terminate as set forth below. 12.REIMBURSEMENT. We agree to make the premises and all common Termination notice must be in writing. After termination, you are areas fit for the use intended by the parties and to keep the premises entitled onlyto refund of deposit(s) and any rent paid, Rent abatement inareasonable repair during the term ofthis Lease Contract. However, orlease termination does not apply if delay is for cleaning or repairs you must promptly reimburse us for repairs due to the willful, that don’t prevent you from occupying the apartment. malicious, or irresponsible conduct by you or your guests or occupants. We may require payment at any time, including advance paymentof If there is a delay and we haven't given notice of delay as set forth repairs for which you're liable. Delay in demanding sums you owe is immediately below, you may terminate up to the date when the not a waiver. apartment is ready for occupancy, but not later. (1) If we give written notice to any of you when or after the initial 13.PROPERTY LEFTINAPARTMENT. Under Minnesota law, we may termas set forth in Paragraph 3 (Lease Term)—and the notice remove and/or store all property remaining in the apartmentor in states that occupancy has been delayed because of construction ommonareas (including any vehicles you or any occupant or guest or a previous resident's holding over, and that the apartment © 2023, National Apartment Association, Inc. - 4/2023, Minnesota Page 2 of 8 ? PatriciaM Enno ~* Robert Y Borgen 2 2 A 27-CV-HC-24-4163 Filed in District Court State of Minnesota will be ready on a specific date—you may terminate your we are charged a fee, charge, or tax, based upon your use or ocpaheg24 2:04 PM tenancy within 3 days of your receiving the notice, but not later. ofthe apartment, we may add this charge as Additional Rent, during the term of the Lease Contract, with thirty (30) days advance written (2) If we give written notice to any of you before the initial term notice toyou. After this written notice (the amount or approximate as set forth in Paragraph 3 (Lease Term) and the notice states that construction delay is expected and that the apartment will amount ofthe charge, will be included), you agree to pay, as Additional be ready for youto occupy ona specific date, you may terminate Rent, the amount of the charge, tax or fee imposed upon us, as a your tenancy within 7 days after any of you receives written result of your occupancy. As examples, these charges can include, notice, but not later. The readiness date is considered the new butare not limited to: any charges we receive for any zoning violation, initial term as set forth in Paragraph 3 (Lease Term) for all sound, noise or litter charge; any charge under any nuisance or purposes. This new date may not be moved to an earlier date chronic nuisance type statute, 911 or other life safety, per person, unless we and you agree or per unit charge or tax and any utility bill unpaid by you, which is then assessed to us for payment. 17.AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL RENT. Unless otherwise prohibited by law, if, during the term of this 18.DISCLOSURE RIGHTS. If someone requests information on you Agreement, any locality, city, state, or Federal Government imposes or your rental history for law-enforcement, governmental, or upon Us, any fee, charge, or tax, which is related to or charged by business purposes, we may provide it. the number of occupants, or by the apartment unititself, such that While You're Living in the Apartment 19.COMMUNITY POLICIES OR RULES. You and all guests and 22.PARKING. We may regulate the time, manner, and place of parking occupants must comply with any written apartment rules and cars, trucks, motorcycles, bicycles, boats, trailers, and recreational community policies, including instructions for care of our property. vehicles by anyone. We may have unauthorized or illegally parked To the extent they are not inconsistent with this Lease Contractor vehicles towed underan appropriatestatute. A vehicle is unauthorized Minnesota law, our rules are considered part of this Lease Contract. or illegally parked in the apartment community if it: Upon advance notice and compliance with Minnesota law, we may @ has a flat tire or other condition rendering it inoperable; or make reasonable changes to the said written rules. (2) is on jacks, blocks or has wheel(s) missing; or 20. LIMITATIONS ON CONDUCT. The apartment and other areas (3) has no current license plate or no current registration and /or reserved for your private use must be kept clean and free of trash, inspection sticker; or garbage, and other debris. Trash must be disposed of atleast weekly 4 takes up more than one parking space; or in appropriate receptacles in accordance with local ordinances. (5) belongs to a resident or occupant who has surrendered or Passageways may be used only for entry or exit. You agree to keep abandoned the apartment; or all passageways and common areas free of obstructions such as (6) is parked in a marked handicap space without the legally trash, storage items, and all forms of personal property. No person required handicap insignia; or shall ride or allow bikes, skateboards, or other similar objects in 7) is parked in space marked for manager, staff, or guestat the office; or the passageways. Any swimming pools, saunas, spas, tanning beds, exercise rooms, storerooms, laundry rooms, and similar areas must (8) blocks another vehicle from exiting; or be used with care in accordance with apartment rules and posted (9) is parked ina fire lane or designated “no parking” area; or signs. Glass containers are prohibited in all common areas. You, (10) is parked ina space marked for other resident(s) or unit(s); or your occupants, or guests may not anywhere in the apartment (11)is parked on the grass, sidewalk, or patio; or community: use candles or use kerosene lamps or kerosene heaters (12)blocks garbage trucks from access to a dumpster; or without our prior written approval; cook on balconies or outside; (13) belongs toa resident and is parked ina visitor or retail parking or solicit business or contributions. Conductingany kind of business space. (including child care services) in your apartmentor in the apartment 23.RELEASE OF RESIDENT. Unless you're entitled to terminate your communityis prohi ited—except that any lawful business conducted tenancy under paragraphs 10 (Special Provisions), 16 (Delay of “athome” by computer, mail, or telephone is permissible if customers, Occupancy), 32 (Responsibilities of Owner), 44 (Rightof Victims of clients, patients, or other business associates do not come to your Domestic Abuse to Terminate Tenancy), or 52 (Move-Out Procedures); apartment for business purposes. We may regulate: (1) the use of or unless, upon your death, your personal representative gives patios, balconies, and porches; (2) the conduct of furniture movers statutory notice pursuant to paragraph 43 (Termination of Lease and delivery persons; and (3) recreational activities in common Upon Death of Resident), you or your heirs won't be released from areas. You'll be liable to us for damage caused by you or any guests this Lease Contract for any reason including, but not limited to, or occupants. voluntaryor involuntary school withdrawal or transfer, voluntary We may exclude from the apartment community guests or others or involuntary job transfer, marriage, separation, divorce, who, in our judgment, have been violating the law, violating this reconciliation, loss of co-residents, loss of employment or bad health. Lease Contract or any apartmentrules, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude 24.MILITARY PERSONNELCLAUSE. All parties to this Lease Contract from any outside area or common area a person who refuses to agree to comply with any federal law, including, but not limited to show photo identification or refuses to identify himself or herself the Service Member's Civil Relief Act, or any applicablestate law(s), as a resident, occupant, or guest of a specific resident in the ifyouare seeking to terminate this Lease Contract and/or subsequent community. renewals and/or Lease Contract extensions under the rights granted by such laws. You agree to notify us ifyou or any occupants are convicted of any felony, or misdemeanor involving a controlled substance, violence 25.RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants to another person or destruction of property. You also agree to and guests must exercise due care for your own and others’ safety notify us if you or any occupant registers as a sex offender in any and security, especially in the use of smoke detectors, carbon monoxide state. Informing us of criminal convictions or sex offender registry detectors, keyed deadbolt locks, keyless bolting devices, window does not waive our right to evict you. latches, and access control devices. 21.PROHIBITED CONDUCT. You, your occupants or guests, or the Smoke Detectors/Carbon Monoxide Detectors. We'll furnish guests of any occupants, may not engage in the following activities: smoke detectors and carbon monoxide detectors only if required by behaving ina loud or obnoxious manner; disturbing or threatening statute, and we'll test them and provide working batteries when you the rights, comfort, health, safety, or convenience of others (including first take possession. After that, you must test the smoke detectors our agents and employees) in or near the apartment community; and the carbon monoxide detectors on a regular basis, and pay for disrupting our business operations; manufacturing, delivering, and replace batteries as needed, unless the law provides otherwise. possessingwith intentto deliver, or otherwise possessinga controlled We may replace dead or missing batteries at your expense, without substance or drug paraphernalia; engaging in or threatening prior notice to you. You must immediately report smoke-detector violence; possessing.a weapon prohibited by state law; discharging malfunctions to us. Neither you nor others may disable neither the a firearm in the apartment community; displaying or possessing a smoke detectors nor the carbon monoxide detectors. If you damage gun, knife, or other weapon in the common area ina way that may or disable the smoke detector or carbon monoxide detector, or remove alarm others; storing anything in closets having gas appliances; a battery without replacing it with a working battery, you may be tampering with utilities or telecommunications; bringing hazardous liable to us under state statute for $100 plus one month’s rent, actual materials into the apartment community; or injuring our reputation damages, and attorney's fees. If you disable or damage the smoke by making bad faith allegations against us to others. detectoror carbon monoxide detector, or fail to replacea dead battery or report malfunctions to us, you will be liable to us and others for any loss, damage, or fines from fire, smoke, or water. © 2023, National Apartment Association, Inc. - 4/2023, Minnesota Page 3 of 8 * Datricia M Enno » Robert D Borgen ” Pamela fachson 27-CV-HC-24-4163 Filed in District Court State of Minnesota Casualty Loss. We're not liable to any resident, guest, or occupant utility costs. We may turn off equipment and interrupt utif?44Q24 1:04 PM for personal injury or damage or loss of personal property from any needed to avoid property damage or to perform work. If utilities cause, including but not limited to: fire, smoke, rain, flood, water malfunction or are damaged by fire, water, or similar cause, you and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, must notify our representative immediately. Air conditioning interruption of utilities, theft, or vandalism unless otherwise problems are not emergencies. If air conditioning or other equipment required by law. We have no duty to remove any ice, sleet, or snow malfunctions,you must notify our representative as soon as possible but may remove any amount with or without notice. During freezing ona business day. We'll act with customary diligence to make repairs weather, you must ensure that the temperature in the apartment is and reconnections. Rent will not abate in whole or in part. sufficient to make sure that the pipes do not freeze (the appropriate Ifwe believe that fire or catastrophic damage is substantial, or that temperature will depend upon weather conditions and the size and performance of needed repairs poses a danger to you, we may layout of your unit). If the pipes freeze or any other damageis caused terminate your tenancy within a reasonable time by giving you by your failure to properly maintain the heat in your apartment, written notice. If your tenancy isso terminated, we'll refund prorated you'll be liable for damage to our and other's property. If you ask rent and all deposits, less lawful deductions. our representatives to perform services not contemplated in this Lease Contract, you will indemnify us and hold us harmless from 28.ANIMALS. Unless otherwise provided under federal, state, or all liability for these services. local law, no animals (including mammals, reptiles, birds, fish, Crime or Emergency. Dial 911 or immediately call local medical rodents, and insects) are allowed, even temporarily, anywhere in emergency, fire, or police personnel in case of accident, fire, smoke, the apartment or apartment Community unless we've so authorized or suspected criminal activity, or other emergency involving in writing. You must remove an illegal or unauthorized animal within imminentharm. You should then contact our representative. We're 24 hours of notice from us, or you will be considered in default of notobliged to furnish security personnel, security lighting, security this Lease Contract. Ifwe allow an animal asa pet, you must execute gates or fences, or other forms of security. If we provide any access a separate animal addendum which may require additional deposits, control devices or security measures upon the property, they are rents, fees or other charges. We will authorize an assistance animal not a guarantee to prevent crime or to reduce the risk of crime on for a disabled person. When allowed by applicable laws, before we the property. You agree that no access control or security measures authorize an assistance animal, if the disability is not readily can eliminate all crime and that you will notrely upon any provided apparent, we may require a written statement from a qualified access control or security measures as a warranty or guarantee of professional verifying the disability-related need for the assistance any kind, We're not responsible for obtaining criminal-history checks animal. If we authorize an assistance animal, we may require you onany residents, occupants, guests, or contractors in the apartment to execute a separate animal and/or assistance animal addendum. community. If you or any occupant or guest is affected by a crime, Animal deposits, additional rents, fees or other charges will notbe you must make a written report to our representative and to the required foran assistance animal needed due todisability, including appropriate local law-enforcement agency. You must also furnish an emotional support or service animal, as authorized under federal, us with the law-enforcement agency’: ncident reportnumber upon state, or local law. You must not feed stray or wild animals. request. If you or any guest or occupant violates animal restrictions (with or without your knowledge), you'll be subject to charges, damages, 26.CONDITION OF THE APARTMENT AND ALTERATIONS. eviction, and other remedies provided in this Lease Contract. If an You accept the apartment, fixtures, and furniture as is, except for animal has been in the apartment at any time during your term of conditions materially affecting the health or safety of ordinary occupancy (with or without our consent), we'll charge you for persons. We disclaim all implied warranties. You'll be given an defleaing, deodorizing, and shampooing. Initial and