Motion for Writ in CHDC Slater LLC vs Wyndham Parker, John Doe, Jane Doe| Trellis.Law

On June 24, 2024 a Complaint-Civil Party: Plaintiff CHDC Slater LLC Index #1 was filed involving a dispute between Chdc Slater Llc, and Parker, Wyndham, for Eviction (UD) in the District Court of Hennepin County.

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27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

HOUSING COURT

CHDC Slater LLC
810 South 7th Street. Suite 300
Minneapolis, Minnesota 55415
EVICTION ACTION COMPLAINT
Plaintiff,
vs.
Court File No.
Wyndham Parker; John Doe; Jane Doe
1416 Portland Avenue
#306
Minneapolis, MN 55404

Defendant(s).

My true and correct name is Patrick Flynn, 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:

l. Progrtg Information:
a. l4|6 Portland Avenue
#306
Minneapolis. Minnesota 55404
b. The lease does not include a garage or storage unit.

2. About the Parties:
a. Plaintiff (Landlord): CHDC Slater LLC
b. Defendantgsgz Wyndham Parker 10/04/1956

3. Lease Information:
a. Lease Start Date September 14, 2023

b. Lease End Date August 31, 2024

c. Monthly Obligation ~ $575.00, due on the ﬁrst day of the month.

4. Statutogx Compliance: Plaintiff, having present right of possession of said property. has
complied with Minn. Stat. § 5043.181: 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 building
entrance/lobby.
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

5. Subsidies: Upon information and belief. this tenancy and/or property are affected by a
federal or state housing subsidy program through project-based federal assistance payments;
the Section 8 program, as deﬁned in section 469002. subdivision 24; the low-income
housing tax credit program; or any other similar program, namely: Housing Trust Fund,
administered by: Minnesota Housing Finance Agency: Economic Development and Housing
Challenge Program. administered by: Minnesota Housing Finance Agency; FHLB
Affordable Housing Program. administered by: Federal Housing Finance Agency: Low-
lncome Housing Tax Credit Program. administered by: Minnesota Housing Finance Agency.

6. Reason for Eviction: Non-Payment of Rent (5048.291)
Defendant(s) failed to pay rent in full, and as of June 24, 2024, Defendant(s) are in arrears
$1,209.00. calculated as follows:
Rent and/or Late Fees for May 2024 through June 2024 = $1,209.00

In addition. pursuant to Minn. Stat. § 5048.291. 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 5048.321, subd. la, and applicable city ordinance.

7. Pursuant to Minnesota Statutes section 5048.345, subd. 1(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, Patrick Flynn. being sworn/affirmed, state that l am the Plaintiffs Attorney in this
action, that l have read the complaint and that it is true to the best of my knowledge; that
Defendant(s) islare 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 § 549.21 l, 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 ls/ Patrick FIvnn
Patrick Flynn (#0403107)
STATE OF .\-'IINI\'ES()TA ) ss. 225 S. 6th Street. Suite 3900
COUNTY OF HENNEPIN ) Minneapolis, MN 55402
Phone: 612-3 14.3177
patrick@landlordresource.net
Attorney for Plaintiff
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

NOTICE OF OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development
THE VIOLENCE AGAINST WOMEN ACT OMB Apprm'al No. 25770286
Expires 06/30/2017

CHDC Slater LLC

Notice of Occupancy Rights under the Violence Against Women Act'

To all Tenants and Applicants

The Violence Against Women Act (VAWA) provides protections for victims of domestic violence,
dating violence, sexual assault, or stalking. VAWA protections are not only available to women,
but are available equally to all individuals regardless of sex, gender identity. or sexual orientation.2
The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that
oversees that CHDC Slater LLC is in compliance with VAWA. This notice explains your rights
under VAWA. A HUD-approved certification form is attached to this notice. You can ﬁll out this
form to show that you are or have been a victim of domestic violence. dating violence. sexual
assault, or stalking, and that you wish to use your rigth under VAWA."

Protections for Applicants

If you otherwise qualify for assistance under the programs at CI-IDC Slater LLC. you cannot be
denied admission or denied assistance because you are or have been a victim of domestic violence,
dating violence, sexual assault, or stalking.

Protections for Tenants

If you are receiving assistance under the programs at CHDC Slater LLC. you may not be denied
assistance, terminated from participation. or be evicted from your rental housing because you are
or have been a victim of domestic violence, dating violence. sexual assault, or stalking.

Also, if you or an afﬁliated individual of yours is or has been the victim of domestic violence,
dating violence, sexual assault, or stalking by a member of your household or any guest, you may
not be denied rental assistance or occupancy rights under the programs at CHDC Slater LLC,
solely on the basis of criminal activity directly relating to that domestic violence, dating violence,
sexual assault. or stalking.

Afﬁliated individual means your spouse, parent, brother, sister, or child, or a person to whom you
stand in the place of a parent or guardian (for example, the afﬁliated individual is in your care,
custody, or control); or any individual, tenant, or lawful occupant living in your household.
Removing the Abuser or Perpetrator from the Household

CHDC Slater LIJC may divide (bifurcate) your lease in order to evict the individual or terminate
the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator)
directly relating to domestic violence, dating violence, sexual assault, or stalking.

Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation.
'

Housing providers cannot discriminate on the basis of any' protected characteristic, including race, color. national
origin, religion. sex. familial status, disability. or age. HUD-assisted and HUD-insured housing must be made
available to all otherwise eligible individuals regardless of actual or pcrcciwd sexual orientation, gender identity. or
marital status.
Form HUD-5380
(12/20l6)
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

If CHDC Slater LLC chooses to remove the abuser or perpetrator. CHDC Slater LLC may not take
away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the
evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under
the program, CHDC Slater LLC must allow the tenant who is or has been a victim and other
household members to remain in the unit for a period of time, in order to establish eligibility under
the program or under another HUD housing program covered by VAWA, or, ﬁnd alternative
housing.

In removing the abuser or perpetrator from the household. CHDC Slater LLC must follow Federal,
State, and local eviction procedures. In order to divide a lease. CHDC Slater LLC may. but is not
required to, ask you for documentation or certiﬁcation of the incidences of domestic violence.
dating violence, sexual assault, or stalking.

Moving to Another Unit

Upon your request. CHDC Slater LLC may permit you to move to another unit, subject to the
availability of other units, and still keep your assistance. [n order to approve a request. CHDC
Slater LLC may ask you to provide documentation that you are requesting to move because of an
incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a
request for emergency transfer, the housing provider may ask you to submit a written request or
fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA.
The criteria are:

(l) You are a victim of domestic violence, dating violence, sexual assault, or
stalking. If your housing provider does not already have documentation that you
are a victim of domestic violence, dating violence. sexual assault, or stalking, your
housing provider may ask you for such documentation. as described in the
documentation section below.

(2) You expressly request the emergency transfer. Your housing provider may
choose to require that you submit a form, or may accept another written or oral
request.

(3) You reasonably believe you are threatened with imminent harm from
further violence if you remain in your current unit. This means you have a
reason to fear that if you do not receive a transfer you would suffer violence in the
very near future.

0R
You are a victim of sexual assault and the assault occurred on the premises
during the 90-calendar-day period before you request a transfer. If you are a
victim of sexual assault, then in addition to qualifying for an emergency transfer
because you reasonably believe you are threatened with imminent harm from
further violence if you remain in your unit, you may qualify for an emergency
transfer if the sexual assault occurred on the premises of the property from which

Form HUD-5380
(12/2016)
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

you are seeking your transfer, and that assault happened within the 90-calendar-day
period before you expressly request the transfer.

CHDC Slater LLC will keep confidential requests for ClllCl'ECIlC\ transfers by victims of domestic
violence. dating violence. sexual assault, or stalking, and the location of any move by such victims
and their families.

If you need information on an emergency transfer plan, please contact lllCIl at Vista View
Townhomes ll.

Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual
Assault or Stalking

CHDC Slater LLC can. but is not required to, ask you to provide documentation to "certify" that
you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.
Such request from CHDC Slater LLC must be in writing, and CHDC Slater LLC must give you at
least l4 business days (Saturdays. Sundays, and Federal holidays do not count) from the day you
receive the request to provide the documentation. CHDC Slater LLC may. but does not have to,
extend the deadline for the submission of documentation upon your request.

You can provide one of the following to CHDC Slater LLC as documentation. It is your choice
which of the following to submit if CHDC Slater LLC asks you to provide documentation that you
are or have been a victim of domestic violence, dating violence, sexual assault. or stalking.

o A complete HUD-approved certiﬁcation form given to you by CHDC Slater LLC with this
notice. that documents an incident of domestic violence, dating violence. sexual assault. or
stalking. The form will ask for your name, the date, time, and location of the incident of
domestic violence. dating violence. sexual assault. or stalking. and a description of the
incident. The certiﬁcation form provides for including the name of the abuser or
perpetrator if the name of the abuser or perpetrator is known and is safe to provide.

o A record of a Federal, State, tribal. territorial. or local law enforcement agency, court, or
administrative agency that documents the incident of domestic violence, dating violence,
sexual assault, or stalking. Examples of such records include police reports, protective
orders, and restraining orders, among others.

o A statement, which you must sign, along with the signature of an employee, agent. or
volunteer of a victim service provider, an attorney, a medical professional or a mental
health professional (collectively, "professional") from whom you sought assistance in
addressing domestic violence. dating violence. sexual assault, or stalking, or the effects of
abuse, and with the professional selected by you attesting under penalty of perjury that he
or she believes that the incident or incidents of domestic violence, dating violence, sexual
assault, or stalking are grounds for protection.

o
Any other statement or evidence that CHDC Slater LUZ has agreed to accept.

Form HUD-5380
(12/20l6)
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

If you fail or refuse to provide one of these documents within the l4 business days, CHDC Slater
LLC does not have to provide you with the protections contained in this notice.
If CHDC Slater LLC receives conflicting evidence that an incident of domestic violence, dating
violence, sexual assault, or stalking has been committed (such as certification forms from two or
more members of a household each claiming to be a victim and naming one or more of the other
petitioning household members as the abuser or perpetrator), CHDC Slater LLC has the right to
request that you provide third-party documentation within thirty 30 calendar days in order to
resolve the conﬂict. If you fail or refuse to provide third-party documentation where there is
conﬂicting evidence. CHDC Slater LLC does not have to provide you with the protections
contained in this notice.

Conﬁdentiality

CHDC Slater LLC must keep conﬁdential any information you provide related to the exercise of
your rights under VAWA, including the fact that you are exercising your rights under VAWA.

CHDC Slater LLC must not allow any individual administering assistance or other services on
behalf of Vista View Townhomes II (for example, employees and contractors) to have access to
conﬁdential information unless for reasons that speciﬁcally call for these individuals to have
access to this information under applicable Federal, State, or local law.

CHDC Slater LLC must not enter your information into any shared database or disclose your
information to any other entity or individual. CHDC Slater LLC, however, may disclose the
information provided if:

o You give written permission to CHDC Slater LLC to release the information on a time
limited basis.
o CHDC Slater LLC needs to use the information in an eviction or termination proceeding,
such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from
assistance under this program.
o A law requires CHDC Slater LLC or your landlord to release the information.

VAWA does not limit CHDC Slater LLC duty to honor court orders about access to or control of
the property. This includes orders issued to protect a victim and orders dividing property among
household members in cases where a family breaks up.

Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance
May Be Terminated

You can be evicted and your assistance can be terminated for serious or repeated lease violations
that are not related to domestic violence, dating violence, sexual assault. or stalking committed
against you. However, CHDC Slater LLC cannot hold tenants who have been victims of domestic
violence, dating violence, sexual assault. or stalking to a more demanding set of rules than it
applies to tenants who have not been victims of domestic violence, dating violence, sexual assault,
or stalking.

Form HUD-5380
(12/2016)
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

The protections described in this notice might not apply, and you could be evicted and your
assistance terminated, if CI-IDC Slater LLC can demonstrate that not evicting you or terminating
your assistance would present a real physical danger that:

l) Would occur within an immediate time frame. and
2) Could result in death or serious bodily harm to other tenants or those who work on the
property .

If CHDC Slater LLC can demonstrate the above. CHDC Slater LLC should only terminate your
assistance or evict you if there are no other actions that could be taken to reduce or eliminate the
threat.

Other Laws

VAWA does not replace any Federal, State, or local law that provides greater protection for victims
of domestic violence, dating violence. sexual assault. or stalking. You may be entitled t0 additional
housing protections for victims of domestic violence. dating violence. sexual assault, or stalking
under other Federal laws. as well as under State and local laws.

Non-Compliance with The Requirements of This Notice

You may report a covered housing provider's violations of these rights and seek additional
assistance, if needed, by contacting or ﬁling a complaint with the HUD Minneapolis Field Ofﬁce
at (612) 370-3000.

For Additional Information

You may view a copy of HUD's ﬁnal VAWA rule at https:l/www.gpo.govlfdsys/pkg/FR-20l6-
l 1-16/pdf/201625888pdf.

Additionally CHDC Slater LLC must make a copy of HUD's VAWA regulations available to you
if you ask to see them.

For questions regarding VAWA, please contact Gina Collier at null.

For help regarding an abusive relationship, you may call the National Domestic Violence Hotline
at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (l l Y). You may
also contact:

-
Minnesota Coalition for Battered Women: (866) 223-1111
-
Battered Women Legal Advocacy Project: (800) 313-2666

For tenants who are or have been victims of stalking seeking help may visit the National Center
for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our-
programs/stalking-resource-center.

For help regarding sexual assault, you may contact:
Form HUD-5380
(12/2016)
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

-
Minnesota Coalition Against Sexual Assault: (651) 209-9993
-
Minnesota Coalition for Battered Women: (866) 223-1111
Battered Women Legal Advocacy Project: (800) 313-2666

Victims of stalking seeking help may contact:

-
Minnesota Coalition for Battered Women: (866) 223-1 l ll
-
Battered Women Legal Advocacy Project: (800) 313-2666

Attachment: Certiﬁcation fonn HUD-5382

Form HUD-5380
(12/2016)
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

NOTICE OF OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development
THE VIOLENCE AGAINST WOMEN ACT OMB Approval No. 2577-0286
Expires 06/30/2017

CERTIFICATION OF U.S. Department of Housing 0MB Approval No. 2577-0286
DOMES'I'IC VIOLENCE, and Urban Development Exp. 06/30/20"
DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE DOCUMENTATION

Purpose of Form: The Violence Against Women Act ("VAWA") protects applicants. tenants. and
program participants in certain) HUD programs from being evicted. denied housing assistance. or
terminated from housing assistance based on acts of domestic violence. dating violence. sexual assault. or
stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic
violence. dating violence. sexual assault. and stalking. regardless of sex. gender identity. or sexual
orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider. your
housing provider may give you a wn'tten request that asks you to submit documentation about the incident
or incidents of domestic violence, dating violence. sexual assault. or stalking.

In response to this request. you or someone on your behalf may complete this optional form and submit it
to your housing provider. or you may submit one of the following types of third-party documentation:

(I) A document signed by you and an employee. agent, or volunteer of a victim service provider. an
attorney. or medical professional. or a mental health professional (collectively. "professional") from
whom you have sought assistance relating to domestic violence. dating violence, sexual assault. or
stalking. or the effects of abuse. The document must specify. under penalty of perjury, that the
professional believes the incident or incidents of domestic violence.
II n
dating violence. sexual assault. or
stalking occurred and meet the deﬁnition of "domestic violence, dating violence." "sexual assault." or
"stalking" in HUD's regulations at 24 CFR 5.2003.
(2) A record of a Federal. State, tribal. territorial or local law enforcement agency. court. or
administrative agency; or

(3) At the discretion of the housing provider. a statement or other evidence provided by the applicant or
tenant.

Submission of Documentation: The time period to submit documentation is l4 business days from the
date that you receive a written request from your housing provider asking that you provide documentation
of the occurrence of domestic violence, dating violence, sexual assault. or stalking. Your housing
provider may. but is not required to. extend the time period to submit the documentation. if you request an
extension of the time period. If the requested information is not received within l4 business days of when
you received the request for the documentation. or any extension of the date provided by your housing
provider. your housing provider does not need to grant you any of the VAWA protections. Distribution or
issuance of this form does not serve as a written request for certification.

Conﬁdentiality: All information provided to your housing provider concerning the incident(s) of
domestic violence. dating violence. sexual assault. or stalking shall be kept confidential and such details
shall not be entered into any shared database. Employees of your housing provider are not to have access
to these details unless to grant or deny VAWA protections to you. and such employees may not disclose
this information to any other entity or individual. except to the extent that disclosure is: (i) consented to
by you in writing in a timelimited release: (ii) required for use in an eviction proceeding or hearing
regarding termination of assistance; or (iii) otherwise required by applicable law.

Form HUD-5382
(12/20l6)
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

'l'() B}; (.'(M'll'Lli'l'ED B\' ()R ON BEHALF ()l" THE V'IC'I'IM ()F l)().\ll~LS'l'l(.' VIOLENCE.
DATING VIOLENCE SEXUAL ASSAUL'I' OR STALKIN '

1. Date the written request is received by victim:

2. Name of victim:

3. Your name (if different from victim's):
4. Name(s) of other family member(s) listed on the lease:

5. Residence of victim:

6. Name of the accused perpetrator (if known and can be safely disclosed):

7. Relationship of the accused perpetrator to the victim:

8. Date(s) and times(s) of incidenﬂs) (if known):

10. Location of incident(s):

In your own words. brieﬂy describe the incident(s):

This is to certify that the information provided on this form is true and correct to the best of my knowledge
and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence,
dating violence, sexual assault. or stalking. I acknowledge that submission of false infonnation could
jeopardize program eligibility and could be the basis for denial of admission. termination of assistance. or
eviction.

Signature Signed on (Date)

Public Reporting Burden: The public reporting burden for this collection of information is estimated to
average hour per response. This includes the time for collecting. reviewing, and reporting the data. The
1

information provided is to be used by the housing provider to request certiﬁcation that the applicant or
tenant is a victim of domestic violence. dating violence. sexual assault. or stalking. The information is
subject to the conﬁdentiality requirements of VAWA. This agency may not collect this infonnation, and
you are not required to complete this form, unless it displays a currently valid Office of Management and
Budget control number.

Form HUD-5382
(12/2016)
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

[E Trellis Mgmt.
LEASE AGREEMENT
Equal Opportunity Housing
1. Parties to Dwelling Unit

Wyndham Parker

Landlord: CHDC Slater LLC

Building Address: 1416 Portland Avenue South, # 306LMinneapolis. MN 55404

Start Date of Lease: 09l14l2023 End Date of Lease: 08B1I2024

Monthly Rent Amount: $575.00 Late Fee: $8.00 not to exceed 8% of monthly
rent owed

NSF Fee: $15.00

Security Deposit: $575.00 Tenant Notice Period: 60 day (2 full months) written
notice

Authorized Manager of Apartment: Slater Sguare Amrtments 1400 Portland Avenue §
MinneapolisI MN 55404. An owner of the premises or agent to accept service and receive and
give receipts for notices and demands is:
Slater Square Apartments

2. Duration of Lease:

If the Landlord cannot provide the Apartment to the Tenant at the start of the Lease, Tenant cannot sue
Landlord for any resulting damages. but Tenant will not start paying rent until Tenant gets possession of
the Apartment.

Aﬂer the initial tenn ends. the Agreement will continue for successive terms of one montli each unless
automatically tenninatad as permitted by paragraph 19 of this Agreement.

if the Tenant moves out of the unit before the date the Lease ends. Tenant is responsible for rent and any
other losses including court costs or attomey's fees.

3. Rant:

Tenant agrees to pay a rent of $575.00 per month; rent will be prorated ifthe move in occurs after the ﬁrst
of the montl1. This amount is due on the first day of the month at
Minngaggi'gs. MN 55404. Rental payment should be made as stated in the Rent Payment Lease
Agreement document.

it is agreed to between the Tenant and Landlord that acceptance by the Landlord of less than the full
amount of rent does not waive Landlords' right to recover possession of the unit for nonpayment of the
Tenant a balance of rent owed to Landlord. Rent is considered 'paid' when the Landlord receives it, not
when mailed or sent by the Tenant Each Tenant is individually responsible for the full amount of rent and
any other money owed to the Landlord.

Trellis Mgmi. inc 0406/2024 1
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

If Tenant is evicted or the Lease ls temlnamed because the Tenands) violated a tenn of the Lease,
Tenant must stitl pay the full monthly rent unﬁl a.) the unit is re-rented, b.) The date of this Lease ends: or
c.) if the Lease is month-to-month. the next notice period date ends. If the unit is re-rented for less than
the rent due under the Lease. Tenant will be responsible for the difference until the date this Lease ends,
or if the Lease is month-to-month, until the end of the next notice period.

4. Additional Rent for Late Payment and Retumed Checks (NSF):

If the Tenant does not pay the full amount of the rent shown ln paragraph 1 by the end of the § day of the
month, Landlord may collect a late fee on the sixttt day of the montti. The late fee will be: i800 not to
gagm 8% of monthu rent owed. The Landlord may collect a fee of £15.00 for a check not honored for
payment (aka NSF/ bounces). The charges shown in this paragraph are additional rent payable together
wittt the regular monthly rent payable by the Tenant(s).

5. Charges for Uﬂlltles and Services:

The following charts describe how the cost of utilities and services related to occupancy of the unit will be
paid. The Tenant agrees that these charm accurately describe the utilities and services paid by the
Landlord and those paid by the Tenant

a. The Tenant must pay for and maintain service for the utilities In column (1). Payments are to be
made directty to the appropriate utility company The items in column (2) are included in the
Tenant's rent. Tenan_t(s) failure to pay utilm exmg mm muse for lease termination.
b. Each Tenant is individually responsible for the full amount of the utilities during the time me
Tenant occupies the unit.

c. Management ls authorhed to request and share information with the utility company in regards
to utility disconnect and past due payments while Tenant is residing in this unit.

(1) (2)
Put 'x' by any Utility Put 'x' by any UhTIty
Type of Utility Tenant pays directly Induded in Tenant Rent

Household Electric X
Gas X
Water and Sewer X
Cable/1'elephone X
Trash Removal X
Extermination

Other X

Trams Mam. I-n'c 0412612024 2

m
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

d. Tenant agrees to pay the Landlord the amount shown in column (3) on the date me rent is
lbs
ue.

(3)
Show S Amount Tenant Pays to Landlord in Addition to Rent.

D $ N/A Parking
D $ Pet Fee

6. Certiﬁcation of Family Composition and Income:

Tenant acknowledges that his/her family income, family composition, or other eligibility requirements may
be considered material in determining Tenant's right to initial occupancy. Providing false information at
application may be grounds for termination of this lease.

in the event that federal laws, regulations, state statutes or rules or low! city project requirements require
Landlord to obtain additional information regarding Tenant's family income, family composition or other
eligibility requirements. the Tenant agrees to provide such required information within 30 days of the
request from Landlord. Tenant's failure to provide such requested information or providing false or
inaccurate information may be grounds for termination of this lease.

7. security Deposit:

The tenant has agreed to deposit £75.00 with the Landlord. The Landlord will hold this security deposit
for the period the Tenant occupies the unit. After the Tenant has moved from the unit. the Landlord will
determine whether the Tenant is eligible for a refund of any or all of the security deposit. Security deposits
are non-transferable. The amount of the refund will be determined in accordance with the following
conditions and procedures:

a. After the Tenant has moved from the unit, the Landlord will inspect the unit and complete anomer
Unit Inspectiog Report. The Landlord will permit the Tenant to participate in this inspecﬁon and
sign the report.
b. The Landlord will refund to the Tenant the amount of the security deposit. plus interest in the
manner provided by law from the ﬁrst day of the next month following the full payment of the
deposit, aﬂer subtracting any amount needed to pay the cost of:

(1) Unpaid rent
(2) Damages not due b normal wear and tear and are not lismd on the move-in or initial
inspection report
(3) Charges for late payment of rent and returned checks. as described in
paragraph 3, and
(4) Charges for unretumed keys. as described in paragraph 8.
(5) Charges for any addiﬁonal unpaid alterations. pest control fees or any other outstanding fees.
c. The Landlord agrees to refund the amount computed in paragraph 7 within 21 days after the
Tenant has permanently moved out of the unit. retumed possession of the unit to the Landlord
and Tenant provides Landlord with fonlvarding address. The Landlord will also give the Tenant a
written list of charges that were subtracted from the deposit. if the Tenant disagrees with the
Landlord concerning the amounts deducted and asks to meet with the Landlord. the Landde
agrees to meet with the Tenant and inforrmlly discuss the disputed charges.
d. if the unit is rented by more than one person, the Tenants agree that they will work out the details
of dividing any refund among themselves. The Landlord may pay the refund to any Tenant
identiﬁed in Paragraph 1 of the Agreement.
e. The Tenant understands that the Landlord will not count the Security Deposit toward the last
month's rent or toward repair charges owed by the Tenant in accordance with paragraph 11.
Treats Mgmt. Hrc was/2m 3
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

8. Keys and Locks:

The Tenant agrees not to install additional or different looks or gates on any doors or windows of the unit
without written permission of the Landtord. If Landlord approves the Tenant's request to install such
locks, the Tenant agrees to provide the Landlord with a key for each lock. When the Lease ends. the
Tenant agrees to return all keys to the dwelling unit to the Landlord. Landlord may charge the Tenant
3 See Signed key addendum for each key not rammed. Lending or copying keys for others not listed
as the parties to this Lease may be grounds for termination. Any damages resulting from the lending or
copying of keys will be the Tenant's responsibility.

9. Condition of Unit

By signing this Agreement, the Tenant acknowledges that the unit ls safe. dean and in good condition.
The Tenant agrees that all appliances and equipment in the unit are in good working order. except as
described on the unit lnsgection Reggrt which is Attachment No. 2 to this Agreement The Tenant also
agrees that the Landlord has made no promises to decorate. alter. repair. or improve the unit except as
listed on the ionR
10. Maintenance:

a. The Landlord agrees to:
(1) regularly clean all common areas of the development;
(2) maintain the common areas and facilities in a safe condition;
(3) arrange for collection and removal of trash and garbage;
(4) maintain all equipment and appliances in safe and working order:
(5) make necessary repairs with reasonable promptness;
(6) maintain exterior lighting in good working order;
(7) provide extermination services, as necessary; and
(8) maintain grounds and shrubs.

b. The Tenant agrees to:
(1) keep the unit clean;
(2) use all the appliances, ﬁxtures, and equipment in a safe manner and only for the purpose for
which they were intended;
(3) not to litter the grounds or common areas of the development;
(4) not to destroy, deface, damage. or remove any part of the unit. common areas,
(5) or development grounds;
(6) give the Landlord. by oonmcting the site ofﬁce. prompt noﬂce of any defects in the plumbing,
ﬁxtwes, appliances, heating and cooling equipment or any other part of the unit or related
facilities; and
(7) remove garbage and other waste from the unit in a dean and safe manner only to the
designated garbage container,
(8) to cooperate with Landlord's eﬂorts with pest conu'ol. This may include, among other things.
Tenant's emptying and cleaning cabinets, drawers, and closets, pulling fumiture away from
walls and allowing exterminators to enter and treat the unit. Failure to comply will result in a
$25.00 charge or cost of vendor's invoice for non-compliance. whichever is greater.
(9) promptly notify Landlord of any mold issues.
(10)not obstruct any egress location including but not limited to windows. doors. patios in
accordance with health and safety regulations,
(11)keep all fumishings and window treatments at minimum of 18 inches away from beeﬁng
element. heat registers, etc.
(12)not tamper with, remove, or disable any smoke or 002 detector in the Apartment.

11. Damages:

Whenever damage is caused by carelessness. misuse, or neglect on die part of the Tenant or Tenant's
family or visitors. the Tenant agrees to pay.

Trailis Mgmt. 0412021 4
27-CV-HC-24-4153
Filed in District Court
State of Minnesota
6/24/2024 10:27 AM

a. the cost of all repairs within 30 days aﬁer receipt of me Landlord's demand for repair charges;
and
b. rent for the period the unit is damaged whether or not the unit is habitable.

12. Resﬁcﬁons or Altai-nations:
The Tenant agrees not to do any of the following without ﬁrst obtaining Landlord's wriuen permission:

change or remove any part of the appliances. ﬁxtures. or equipmem in the unit:
b paint or insmll wallpaper or contact paper in the unit;
attach awnings or window guards in the unit;
attach or place any ﬁxtures, signs. or fences on the building(s), the common areas.
or the development grounds;
attach any shelves. screen doors, or other permanent improvemens in the unit;
install washing machines, dryers, fans, heaters, or alr conditioners in the unit; or
place any aerials. antennas. satellite dishes or other electrical connections on the unit.
drill or nail into window frames.

13. General Restrictions:

The Tenant must live in the unit. and the Tenant shall use the premises only as a private dwelling for the
individuals listed in paragraph 1. The Tenant agrees to permit other individuals to reside in the unit only
after obtaining the prior written approval of the Landlord.

a. The Tenant agrees that the Tenant, members of the household and their guests agree not to:

(1) sublet or assign the unit or any part of the unit:
(2) have pets or animals of any kind in the unit without the prior written permission of the
Landlord; or
(3) make or permit noises or acm that will disturb the rights or comfort of neighbors.
The Tenant agrees that the Tenant. members of the household and their guess must
not engage in or permit:

(1) any criminal ach'vity, including illegal drug related criminal activity. whether in the unit or
elsewhere on or near the development. or
(2) any other unlawful activity in the un

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