Motion for Writ in Silver Lake Apartments vs Jane Gillespie| Trellis.Law

On June 24, 2024 a Complaint-Civil Index #2 was filed involving a dispute between Silver Lake Apartments, and Gillespie, Jane, for Eviction (UD) in the District Court of Olmsted County.

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55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

STATE OF MINNESOTA DISTRICT COURT
COUNTY 0F OLMSTED THIRD JUDICIAL DISTRICT

Court File No. 55-CV-24-
CASE TYPE: EVICTION
SILVER LAKE APARTMENTS,

Plaintiff,

vs. EVICTION COMPLAINT
JANE GILLESPIE,
John Doe and Mary Roe

Defendants.

Plaintiff for its complaint against the above-named Defendants states and alleges as
follows:

JURISDICTION
1. Plaintiff is a Minnesota Assumed name held by Storm Management, LLC with an address
of 1515 3RD AVE NE, APT. 101, Rochester, MN 55906 and manages the property located at
151 1 3'" AVE NE APT. 2-304, ROCHESTER, MN 55906 (herein "Premises").

. Defendants are residents of Olmsted County detaining possession of the Premises.

VENUE

3. Venue is proper in Olmsted County pursuant to Minn. Stat. §542.02 as the causes of
action alleged herein arose in Olmsted County.

STATEMENT OF FACTS

4 . Defendant JANE GILLESPIE is a tenant of Plaintiffs pursuant to the terms of the lease
attached hereto (Herein "Lease").

. Defendant has failed to pay rent for the month of June and now owes, including late fees,
the sum of $1,145 and a copy of the ledger is attached hereto.

. Plaintiff has complied with §504B.181 by informing the tenant in writing the name and
address of the person authorized to manage the property and an agent authorized to

accept service of process and receive and give receipt for notices and demands.
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

"
71""PlE1'iiitiff provided JANE GILLESPIE a 14-Day notiC'é',"a't l'ea'é't'l'lt' day§""p'fidf t'd'the ﬁling
of this action. Such notice complies with Minnesota Statute §504B.321, a copy of which
is attached hereto.

8. Defendant continues to detain possession of the Premises.

COUNT I UNLAWFUL DETAINER

Plaintiff, as and for its ﬁrst cause of action against Defendants restates, reiterates and

incorporates Paragraphs 1
through 8 hereof and further alleges:

9. Plaintiff is entitled to recover possession under Minnesota Statute §504B.285 Subdivision
1 (2) by detaining possession despite the default in the lease recited herein.
10.1, Travis M. Ohly, being sworn/afﬁrmed, state that I am the attorney in this action, that I
have read the complaint and that it is true to the best of my knowledge; that Defendant is
not now in the military service of the United States, to the best of my information and
belief.
11. To the best of my knowledge, the Premises are not "public housing" as deﬁned by
Minnesota Statute §504B.268.
12. To the best of my knowledge the Tenancy is not affected by a federal or state housing
subsidy program through project-based federal assistance payments, the Section 8

program, as deﬁned in Minn. Stat. §469.002, subd. 24; the low-income housing tax credit

program; or any other similar program.
WHEREFORE, Plaintiff prays for an order and judgment against Defendants as follows:
A. A Judgment in unlawﬁil detainer and the issuance of a writ of recovery of premises;
B. An Order awarding Plaintiff costs and disbursements incurred in this matter;
C. For such other further relief as the court deems to be just, fair and equitable.

I declare under penalty of perjury that everything I
have stated in this document is true and correct.

Dated: June 24, 2024 /s/ Travis M. Ohly
Travis M. Ohly
Attorney # 0347176
1850 North Broadway
Rochester, Minnesota 55906
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

(507) 289-4529
Attorney for Plaintiff

ACKNOWLEDGMENT

The undersigned hereby acknowledges that pursuant to Minn. Stat. §549.211, Subd. 2, costs,
disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or
parties in this litigation if the Court should ﬁnd that the undersigned acted in bad faith, asserted a
claim or defense that is ﬁivolous and that is costly to the other party, asserted an unfounded position
solely to delay the ordinary course of the proceedings or to harass, or commit a fraud upon the
Court.

Dated: June 24, 2024 OHLY LAW OFFICE

ls/ Travis M. Ohlv
Travis M. Ohly
Attorney # 0347176
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

Silver Lake Apartments
101
1515 3"d AveNE Apt
Rochester, MN 55906

Jane Gillespie
1511 3rdAve NE Apt 2304
Rochester, MN 55906

June 3rd, 2024

Re: Past Due Rent and Eviction Action

Dear Jane Gillespie,
the of rent for the
This correspondence serves as an ofﬁcial notice regarding non-payment
at 1511 3rd Ave NE Apt 2~3 04, Rochester, MN 55906 in Olmsted County.
premises located

the monthly rent of $775 is due on or before
According to the lease agreement dated 4/ 1/2019,
the June 15', 2024. As of the date of this letter, your
account shows an outstanding balance of
$1145 for the month(s) of June.
are required to
You are hereby given 14 days' notice to rectify this non-payment. Therefore, you
on or before June 17th, 2024. Payment should be
pay the total outstanding amount of $1145
card to Siiver Lake
made in the form of cash, check, cashier's check, money, credit/debit
Apartments at 1515 3rd Ave NE Apt 101, Rochester', MN 55906.

If the full amount is not received by the speciﬁed due date, we will start the eviction process to
recover possession of the property and any unpaid rent and fees allowed by law.

You have the right to seek legal help. If you cannot afford a lawyer, free legal help may be
available. Contact Legal Aid or visit www.LawHelpMN.org to know your rights and ﬁnd your
local Legal Aid ofﬁce.

To apply for ﬁnancial help, contact your local county or Tribal social services ofﬁce, apply
online at MNBeneﬁts.mn.gov or call the United Way toll-free information line by dialing 2-1-1
or 800-543-7709.

If you have any questions or concerns regarding this matter, please contact me at 507-289-8982
or silverlakerochester@gmail.com.

Sincerely,

Silver Lake Apartm n s
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

Silver Lake Agartments
507-289-8982

Residential Lease
PARTIES: This lease for the rental of residential property is between Storm Management LLC dba Siiver Lake Anartments
("Owner") and Jane Gillesnie ("Resident(s)").

THE LEASED PREMISES ("PREMISES"): The Owner hereby leases to Resident the Premises described as follows:
1511 3'" Avenue NE #2-304 Rochester MN 55906
Street City State Zip

TERMS:
a. The term of this lease shall be from NOON on Agril 1", 2023 to NOON on March 3|", 2024. Resident agrees to inform
Owner not less than thirty (30) days prior to the expiration of the ﬁxed lease temi of Resident's intention. either to vacate at
the end of the term or to request a renewal of the lease.
b. If Resident retains possession of the premises after expiration of the ﬁxed lease term with the permission of Owner. Resident
and Owner shall continue to be bound by the terms and conditions of this lease on a month-to-month basis with an additional
either party giving thirty (30)
monthly rent of $150.00 (One Hundred and Fifty Dollars). The lease may then be terminated by
days written notice prior to the end of the rental month.
c. If Resident retains possession of the premises aﬁer expiration of the fixed lease term without the permission of the Owner,
Resident and Owner shall continue to be bOund by the terms and conditions of this lease on a month-to-month basis at the
no longer in possession of the premises and
monthly rental rate double in terms in Paragraph 4, until such time that resident is
resident's belongings are no longer on the premises.
d. Notice in writing of vacating the premises must be delivered to the owner no later than 30 days prior to the end of the rental
period. Otherwise, the owner may, at owner's option, consider
Resident to have extended the lease on a month-to-month basis
until such time as the Resident give Owner a 30-day notice in writing of intention to vacate. lt is understood that all month-to-
month leases end on the last day of the month after a minimum of 30-day notice.

RENT:
a. The total rental price for the term of this lease is $9300.00. Of this amount, the ﬁrst rental payment, in the amount of $775.00
is due or] April I", 2023. The remainder is payable in monthly installments of $775.00, each due on the FIRST day of eacli
month, beginning the following month.
b. Resident shall incur and be charged $25.00 per week as a late fee for payment of any portion of rent received by Owner/Managel'
after midnight on the 15' (First) day of the month until rent is received or until the maximuin allowable by law. Such fees will
be withheld
be considered additional rent and may be collected immediately by the Owner, or at Owner's option, such fee may
from Resident's security deposit.
c. A charge of $50.00 may be imposed on Resident for any resident's check returned to Owner because of insufﬁcieiit funds or
for any other reason, not the fault of the Owner, whether the check is for rent, security deposit, or other payment.

NOTICE: Except as otherwise provided in this lease, all notices provided or required by this lease or under" the laws ol' the
State of Minnesota shall be in writing and shall be delivered to the other party as follows:
a. To Resident: Either delivered to the Resident personally or securely and conspicuously posted on the Premises
and sent by
ﬁrst class mail, postage prepaid, at the Premises or at the Resident's last known address.
b. To Management Company: Either delivered to the Manger personally or sent by First Class mail, postage, prepaid. to the
Owner's address as follows: ISIS 3'" Avenue NW, Rochester, MN 55906.

SECURITY DEPOSIT: Resident agrees to pay the Owner a security deposit in the amount of $490.00 according to the following
payment schedule, by optional and mutual agreement between
Owner and Resident:
to perform the
a. Owner shall not be required to apply the security deposit to any charges or damages for Resident's failure
and of this but do so at Owner's Resident may not use the security deposit in place of
promises agreements lease, may option.
rentwithout the Owner's written permission. Owner's right to demand and recover possession of the Premises for non-payment
of rent or for any reason, shall net be aﬁ'ected by reason of the fact that owner holds the security deposit. nor- shall Owner's
exceed that amount. If Owner must
recovery of damages be limited to the amount of the security deposit if Owner's damages
clean the apartment to make it suitable for the next tenant it will be charged and deducted from the security deposit at
the rate of $40/hour. If the tenant does not written notice stated in paragraph 3 that they are leaving, the
give proper
entire security deposit may be forfeited. If the tenant smokes in the apartment, the security deposit will be forfeited.
b. If not otherwise applied toward the payment of damages or costs, including but not limited to attomey's fees, court costs and
the security deposit shall be returned to Resident
unpaid rent suffered by Owner by reason of Resident's breach of this lease,
after the termination of this lease and the vacating of the premises.
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

c. In the event there is more than one resident, Owner reserves the right to retum the amount of the security deposit, less
otherwise by written notice
appropriate charges, if any, by dividing said amount equally among the residents unless notiﬁed
signed by all Residents and received by Owner prior to termination of the lease.

UTILITIES:
a. Owner pays for gas, heat, water, sewage, and trash pickup. Resident is responsible for electricity, phone, internet, and TV
service. Resident must put the electricity in Resident's name by calling Rochester Public Utilities at 507-280-1500. The
Resident is responsible at the time of the move out, to cancel their own electricity. The Owner offers internet for $25/month
with a $140 deposit whicll is refundable if Resident returns equipment at the time of move out or no longer wants service.
b. The party responsible for any utility or service shall not be liable for failure to furnish the utility or service when the cause of
sucli failure is beyond that party's control.
c. If the Resident is responsible for any utilities, the Resident shall, within 3 days after the beginning of the lease terms, arrange
for the utilities to be started, maintained, and billed to the resident.

MONEY OWED T0 OWNER: If at any time a Resident owes the Owner money for past due rent or other services (Example,
but not limited to: Security Deposits, Damages, Repairs, Utility Bills), any money received front Resident would ﬁrst be applied to
any outstanding balance before the money would be applied towards current balance owed.

USE 0F PREMISES:
a. Resident shall occupy and use the Premises for residential purposes only unless Resident receives prior written approval from
Owner.
b. Resident shall not engage in any iilegal activities on the Premises. Any illegal activities are grounds for immediate termination
of this lease with legal actions which can be assisted by law enforcement if necessary.

10. OCCUPANCY:
a. No more than L
persons may reside in the Premises.
b. Resident shall not allow guest tostay in/on the Premises more than 7 days per month with the written consent of the Owner.
Owner will start eviction process if Resident's guest stays more than allovVed by the owner.
c. Resident shall not move another person in with them without getting written permission froin the Owner and the new person is
approved by the Owner.

ll. CARE 0F PREMISES, REAPIRS, AND MAINTENANCE:
a. Resident shall not cause or permit any neglector deliberate or willful misuse of the Premises. ln the event Resident causes or
permits any neglect or deliberate or willful misuse of the Premise, Resident agrees to beai' the expense for the repair
of all
damage resulting from such neglect or deliberate misuse. The expense so incurred shall be deemed additional rent for' the
Premises, and it shall be due and payable by Resident to Owner immediately upon the cocurrence of such neglect or deliberate
or willful misuse. Excessive damage caused or permitted by Resident shall be grounds for Owner to evict the Resident. NO
SMOKING IN APARTMENT WHICH INCLUDES, BUT NOT LIMITED T0 ELECTRONIC DEVICES.
b. Resident shall not make any physical alterations in the Premises including, but not limited to painting, adding or change door,
window, and gate locks, or altering landscaping for the Premises, without the prior written consent of the Owner. Resident
shall leave upon and surrender to the Owner, with the premises at the termination of the Rental Agreement, all locks, brackets
for curtains, and all other fixtures attached to doors, windows, or woodwork, and all alterations, additions or improvement
made by Resident, without any payment therefore. Resident will be responsible for the cost of repairing the walls if there are
excessive nail/screw holes, or larger nail holes in the walls.
c. After Resident vacates the Premises, if the Resident has not cleaned the apartment to the Owner's satisfaction, a ﬁnal cleaning
of the Premises will be performed by agents or employees of the Owner, including (without limitations) cleaning of appliances.
furniture, and ﬁxtures. It is expressly understood and agreed that the cost of such ﬁnal cleaning shall be deducted from
Resident's security deposit at the rate descripted in Paragraph 6a which includes supplies and services.
d. If carpets/rugs are stained or dirty beyond normal Wear and tear from its original condition at the time of move in, carpets/rugs
must be shampooed upon vacating by a professionai company. Carpet/Rug cleaning must be done at resident's expense, or a
fee for carpet cleaning will be deducted from the security deposit. Resident must show proof that the carpets were
professionally cleaned.
e. Ifany appliances or system in or on the Premises including but not limited to range, oven, refrigerator, furnace, heating systems.
or plumbing system fails to operate or otherwise malfunction, it is Resident's responsibility to inform Owner of such failure or
malfunction. Any damages that occur as a result of Resident's failure to report any such malfunction or that occur as a result
of the continue use of the malfunctioning appliance or system, are the responsibility of the Resideiit and Resident shall be held
liable therefore.

12. CONDITION 0F PREMISES: Resident acknowledges having examined the Premises prior to taking possession, knows the
condition of the Premises, and accepts the Premises in their present condition. Resident agrees at the termination of the lease to
return the Premises to the Owner in the same condition, normal wear and tear expected. Resident understands and agrees that
Resident leases the premises "as is" and that owner makes no representations or warranties as to the condition of the Premises.
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

l3. INSURANCE: Owner's insurance does not cover Resident's personal possessions in the event of loss or damage due to ﬁre,
Windstorm, ﬂood, theﬁ, vandalism, or other similar cause. If resident desires to insure personal possessions or to insure against
Resident's personal liability, Resident must obtain renter's insurance.

l4. RESIDENT NEGLIGENCE AND DAMGES:
a. Resident shall promptly repair or replace any ﬁxtures, appliances, furniture on Premise broken due to the Resident or Resident's
guest negligence. Resident shall keep the Premise (inside and outside) in a safe, clean, sanitary condition.
b. Resident is responsible for all damages to Premise caused by the Resident or Resident's guest. Resident is held responsible foi'
all costs accrued including but not limited to repairs and replacement.
c. Residents are responsible for glass and screen damage, excluding storm damage. Resident is responsible to keep the window
covers in clean and working condition. Resident is responsible to replace the windows covers when they are broken or not in
working condition.

15. DRAINS/TOILETS: All drains are draining freely and toilet is functioning without problein when Resident moves into the
Premise. If any of the drains or toilet gets obstructed due to items from Residents or Resident's guest, the Resident is responsible
to open the drains or pay for the costs to have the drain opened and repaired if necessary. No chemical drain cleaner can be used
in any drain. Resident must contact Owner regarding the problem immediately.

l6. RUBBISH: Resident must dispose of all trash and rubbish in the Premises in a clean, safe, and sanitary manner. If the Owner
provides trash pickup, the Resident must put all trash/rubbish in to the dumpster the Ownei' provides. Resident will be charged for
the disposal of any rubbish found in/arorlnd the Premise or in parking lots next to Resident's vehicle.

l7. PEST CONTROL: Resident agrees to report any pest issues to the Owner or Owner's agents for' necessary remediation]. it is the
responsibility of the Resident to keep the Premise clean, tidy, orderly. If Resident consistently lives in an unsanitary environment,
Resident acknowledges and accepts that the Owner or Owner's agents are limited in its ability to address the pest situations. and
Resident waives the right to hold Owner or Owner's agents responsible for the continual issue. lf Resident fails to promptly report
pest control issues. including presence of bed bugs, Resident will be responsible for the remuneration for resultant costs.

18. PRIVACY: The Owner or Owner's agents shall have the right, subject to Resident's consent, which consent shall not be
unreasonably withheld, to enter the Premise in order to inspect, make necessary, or agreed repairs, decorations, alteration, or
improvements, supply necessary or agree services, or exhibit the Premise to prospective or actual purchasers, mortgages, residents,
workmen or contacts; if there is notice of Owner's intent to enter the only enter at reasonable times. Resident shall receive a notice
of access no less than 24 hours prior to maintenance/Owner gaining access to the Premises. Owner or Owner's agents may enter
the Premise without Resident's consent in case of emergency and as otherwise provided in Minnesota Tenant Law. EMERGENCY
ENTRY GRANTED BUT NOT LIMITED T0 FIRE, WATER, STRUCTURAL EMERGENCIES.

l9. ASSIGN MENT/SU BLET'I'ING/ RELEASE
a. Resident shall not assign this lease, or sublet any portion of the leased Premise, for any part or all the term of this lease without
the prior written consent of Owner.
b. Owner agrees to release Resident from this lease if Resident ﬁnds a replacement resident, acceptable to Owner, who will sign
a new lease for the remaining term. Owner shall exercise in good faith and reasonableness in accepting a replacement Resident.
c. Resident agrees to pay an amount equal to 85% of one moth as a "re-reletting fee" in the event said lease is subieased or released
back to the Owner prior to the end of this Lease. The Resident also understands that the security deposit is forfeit and will be
charged for any cleaning or damages to the Premise.

20. NOISE AND DISTURBANCE:
Resident shall conduct themselves in a manner that will not disturb a neighbor's peaceful enjoyment of the Premise, or unduly
infringe on the right of other Residents or neighbors. Excessive noise and loud music will not be tolerated in our apartment
community. Failure to control guests and their noise will result in legal action to terminate your rental agreement if more than 3

complaints have been ﬁled. The following are some Rochester City Ordinances:
l) Audible beyond the property line of the premises from which it emanates between the hours of 10:00 p.m. 8:00 -

am.
2) Audible at 50 feet beyond the property line of the premises from which it emanates between the hours of 8:00 am.
-
l0:00 p.m.
3) Audible at 50 feet from the source if emanating from a public street, public park, or other public place.

2L RULES AND REGULATIONS: Resident agrees for himself/herselt', members of his/her family and guests to consult and to abide
by the set of Rules and Regulation in effect at the time of signing this lease, and to such amended rules or regulatiort which Owner
reasonably establishes for the protection or preservation) of the Premises or for the protection or preservation of Resident's rights
and the rights of other tenants and neighbors. Il' Resident does not follow the rules and regulations in this lease, the Owner will
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

issue written violations. If Resident gets three written vioiations over one year timeframe, the Owner will start the evictiml
process.

22. FIRE AND CASUALTY DAMAGE: If the rental unit or premises are damaged or destroyed by fire or other casualty to the extent
that the enjoyment of the rental unit is substantiaily impaired, Resident may (a) immediately vacate the premises and notify the
Owner without fourteen (l4) days of Residents intention to terminate this Rental Agreelnent, in which ease this Rental Agreement
shall terminate as of the date of vacating; or (b) if continued occupancy is lawful, vacate only that part of the rental unit rendered
unusable by the t'n'e or casualty in which case, Residents liability for rent shall be reduced in proportion to the diminutiori and the
fair rental value of the rental unit. lf this Rental Agreement is terminated under the provisions of this paragraph, Owner shall return
to Resident all prepaid rent and security recoverable.

23. RECREATIONAL FIRES (IF APPLICABLE): If Resident shall patriciate and/or conduct a recreational fire, Resident agrees
that the t'n'e must not be greater than 3 feet in diameter and shall not be conducted within 25 feet of occupiable structures or IS
feet if contained within an approved barbecue pit or griil.
Recreational Fires: The burning of materials, other than rubbish, contained in an outdoor ﬁreplace, barbecue grill, or pit and with
a fuel area 3 feet or less in diameter and 2 feet or less in height, f0I' pleasure, religious, ceremonial, cooking or similar purpose.
There is a zero-tolerance policy for the use of ﬁreworks in and around the Premise.

24. PETS, EMOTIONAL SUPPORT ANIMAL (ESA), AND SERVICE ANIMALS: No pets, ESA, or Service animals are allowed
without the written permission of the Owner. Resident must provide documentation to Ownei' of all ESA or Service Animals or
any request for one. Owner snail make reasonable accommodations for all ESA and Service animals according to local, state, and
federal laws. If the Premises allow pets, the Owner limits it to two pets, no aggressive breeds of dogs, and additional pet security
deposit of MA. which is refundable as long there is no damages or cleaning required when vacating the Premise. Pets will be
permitted to occupy the premises based on discretion of Landlord. Resident will be held liable for all damage or unsanitary
conditions caused by pet.

2S. PARKING: Use of any parking area provided by the Owner shall be governed by such rules and regulations as may be issued from
time to time by the Owner and such use shall be at Resident's risk and with the understandilig and agreement that Owner shall not
be liable for personal injury therein or loss or damage to property thereon. inoperable and/or abandoned vehicles may be towed
away at vehicle owner's expense with or without notice. lnoperable vehicle is defined as any vehicle, (including motorcycles) that
(l) is not licensed or has an expired license, (2) has flat tires or no tires, (3) is not street legal, (4) is not in running condition.
Resident shall not do any mechanical repairs to autos, boats, or motorcycles that require a disabled vehicle on promises for a period
longer than 24 hours. Any flammable residue stains and containers must be removed from driveway or parking lot immediately. No
disabled vehicle will be allowed on the property. If vehicle is disabled it must be removed from the premises or it may be towed
by the Owner at Residents cost. Parking is on the street unless Owner gives Resident a written notice on where to park. ll
parking permits are required, Resident can get the parking permit from Rochester City Clerk Ofﬁce at 201 4'" St. SE Suite
135, Rochester, MN 55904 (507-328-2900).

26. REMEDIES: Owner/Manager may report unpaid amounts to credit or collection agencies. Upon default, Owner/Manager has all
other legal remedies, including Lease Contract termination. Resident hereby agree that in the event of the retention. employment,
or use of an attorney by us because of any violation or breach of any covenant of or provision of this Lease Contract, Resident agree
to pay our attorney fees when and as they accrue, all of which shall be considered additional rent. Resident shall be responsible for
said fees whether litigation is commenced. and Resident shall be responsible for said fees because of any breach by Residents
family, an occupalit or guest. Late charges are liquidated damages for our time, inconvenience, and overhead in collecting late rent
(but are not for attorney's fees and litigation costs). All unpaid amounts bear 1% interest per month frorn due date, compounded
monthly. Resident must pay all collection agency fees in addition to the amounts that are due under this Lease Contract.

2'7. ABANDONEMENT: in the event the Resident vacates or abandons the Premises prior to the termination of the lease, Resident
expressly authorizes Owner, at Owner's option, to re-enter and re-rent the Premises for the beneﬁt of the Resident without affecting
a termination of the lease. All expenses incurred by Owner in rerenting the premises shall be borne by the Resident, and any rent
received as a result of that renting shall be applied to the amounts due to the Owner from the Resident under the lease. HOWEVER.
IT lS EXPRESSLY UNDERSTOOD AND AGREED BY RESIDENT THAT RESIDENT'S OBLIGATlONS INCLUDING THE
OBLIGATION TO PAY RENT SHALL CONTINUE FOR THE FULL TERM OF THE LEASE.

28. DEFAULT BY RESIDENT: In the event the Resident fails to pay the rent or any portion thereof when due, and three days' notice
in writing has been given to Resident requiring in the alternative the payment of the rent or the possession of the Premises, the
owner may, without further notice to Resident, terminate the Resident's right to possession of the Premises. In the eveiit that
Resident shall default in the performance of any of the promises or agreements contained in the lease, other than the promise to pay
rent, or if Resident shall fail to comply with the Rules and Regulations incorporated herein or hereaﬁer established, the Owner may
give Resident three days' written notice of Ov'mer's intention to terminate the Resident's right to possession of the Premises under
the lease and at the expiration of the three days the Resident's right to possession of the Premises shall end, and Resident shall
surrender the Premises to the Owner. RESIDENT UNDERSTANDS AND ACKNOWLEDGES THAT RESIDENT'S
55-CV-24-4176
Filed in District Court
State of Minnesota
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OBLIGATIONS INCLUDING THE OBLIGATION TO PAY RENT UNDER THIS LEASE SHALL CONTINUE FOR THE
FULL TERM OF THIS LEASE WHETHER RESIDENT VACATES THE PREMISES VOLUNTARILY OR
INVOLUNTARILY, AND OWNER SHALL HAVE THE RIGHTS DESCRIBED IN PARAGRAPH l9 HEREIN.

29. LIMITATION OF LIABILITY: Owner shall not be liable for any loss or damage that may be the result of acts or omissions of
other tenanm, their guests, or their pets, when such acts or omissions are beyond the direct control of the Owner. Resident agrees
that Owner will not be liable to the Resident for any loss or damage to Resident or Resident's property which is caused by a failure
or malfunction of the sewer or watei° system, gas system, or electrical system when such failure or malfunction is the result of acts
or circumstances beyond the direct control of the Owner. In the event Resident, any member of Resident's household or his guests
has reason to believe that he has or may assert any claim against Owner or Owuer's agent or employees, Resident shall notify owner
in writing within thirty (30) days of the happening of such event which gives rise to such claim. The failure to give such notice shail
relieve Owner and Owner's agents and employees from all liabilities for such claim.

30. ABANDONED PROPERTY: Upon termination of the lease or upon vacating or abandonment of the Premises by the Resident,
any personal property left in the premises or surrounding area will be considered abandoned property. Resideiit agrees that without
notice to Resident, the Owner may immediately remove abandoned property and place it in storage at Resident's expense, and
without notice to Resident, Ownei° may dispose of such property in any way the Owner deems proper front: the date of removal of
said property ﬁ'om the Premises. Under- no circumstances shall the Owner incur any liability for the loss or damage to such
abandoned property at any time.

3]. ATTORNEY'S FEES: In the event of any legal action concerning this lease which results in a judgment or an order, the losing
party shall pay to the prevailing party reasonable attorney's fees and court costs to be ﬁxed by the court.

32. LIABILITY: Resident will only be liable for the injury to any person or damage to any property caused by the negligence or willful
acts of Resident or Resident's guests or pets. Owner will only be liable for the injury to any person or dainage to any property
caused by the negligence or willﬁJl acts of Owner.

33. SUBORDINATION: This lease shall be subordinate to all existing and future mortgages and deeds of trust upon the Premises or
upon the property of which the Premises are a part and this lease shall be void if recorded.

34. WAIVER: Any waiver, by either party of any breach of any provision of this lease shall not be a continuing waiver or a waivel' of
subsequent breach of the same or a different provision of this lease.

35. SEVERABILITY: The unenforceability of any provision or provisions of this lease shall not affect the enforceability of any other
provision or' provisions.

36. JOINT AND SEVERAL LIABILITY: If this lease is signed on behalf of the Resident by more than one person, then the liability
of the persons so signing shall be joint and several.

3'7. SIGN ATURES/AMENDMENT 0F
LEASE: This lease contains the entire agreement of the parties and may not be altered or
amended except by mutual written agreement signed by both parties.

38. ACKNOWLEDGEMENT: By executing this lease, Resident acknowledges that Resident has read it thoroughly. understands it
completely and has received a true and correct photocopy of it frein Owner.
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

SIGNATURES

@013
onna Aarsvold-I'BTI: or gen!) DATE I
Karin W uthorized Agent)

RESIDENT NAME
[E IDENT SIGNATURE

EMAIL
6673/ép .ﬁ6/7V
PHo'NE NUMBER

Emergency Maintenance
AFTER HOURS: 507-513-4977

0 Driver's License Copy
0 Sociai Security #
0 Vehicle Information
0 Crime Free Lease Addendum
0 Emergency Contact information
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

Prepared By: Silver Lake
Apartments
Tenant Statement
1515 3rd Ave NE
3/31/2019 - 6/3/2024
Apt 101
Rochester, MN 55906

Jane Gillespie
15113rd Ave NE Lease # 1218913
Rochester. MN 55906

Building 2 15113rd Ave NE 2-304
-

Date Description Amount Balance

3/31/2019 Previous baiance 0.00

3/31/2019 Baiance carried over from previous lease -375.00 375.00
3/31/2019 Credit for deposit carried over from previous lease -300.00 4575.00

3/31/2019 Deposit carried over from previous lease 300.00 -375.00

3/31/2019 Credit for depos 11 carried over from previous lease 480.00 855.00

4/1/2019 Rent 535.00 -320.00

4/12/2019 Payment -375.00 -695.00

5/1/2019 Rent 535.00 460.00
5/16/2019 Payment (Check #1511) -375.00 -535.00

6/1/2019 Rent 535.00 0.00

6/17/2019 Payment (Check 1120863064733) 480.00 480.00
6/17/2019 Payment (Check #1512) -375.00 -855.00

7/1/2019 Rent 535.00 -320.00

7/10/2019 Payment (Check #1514) -375.00 -695.00

8/1/2019 Rent 535.00 460.00
8/12/2019 Payment (Check #1515) -375.00 635.00
9/1/2019 Rent 535.00 0.00

9/10/2019 October Payment (Ch eck #1516) 375.00 875.00
9/20/2019 Oct 2019 Jan 2020 Payment (Check #20863064408)
-
-640.00 4,015.00

10/1/ 2019 Rent 53 5.00 480.00
10/9/2019 October Payment (Check #1517) 375.00 4355.00

11/1/2019 Rent 535.00 -320.00

11/18/2019 December Payment (Check #1519) 375.00 4595.00

12/1/2019 Rent 535.00 460.00

12/16/2019 December Payment (Check #1521) -375.00 -535.00

1/1/2020 Rent 535.00 0.00

1/9/2020 January Payment (Check #1523) -375.00 -375.00

Generated 06/18/2024 10:25:18 Page 1 of 8
55-CV-24-4176
Filed in District Court
State of Minnesota
6/24/2024 9:45 AM

Lake
23:31:53,.535'W" Tenant Statement
1515 3rd Ave NE
3/31/2019 6/3/2024
-

Apt 101
Rochester, MN 55906

Date Description Amou nt Balance
1/ 3 1/ 2020 February Payment (Check #51434160096] 460.00 -535.00
2/1/2020 Rent 535.00 0.00
2/10/2020 March Payment (Check #1524) -375.00 875.00
2/28/2020 March Payment [Check #51434160513) 460.00 -535.00
3/1/2020 Rent 535.00 0.00
3/11/2020 April Payment (Check #1526) -375.00 -375.00
3/ 27/2020 April Payment (Check 1751434160748) -200.00 -575.00
4/1/2020 Rent 575.00 0.00
4/13/2020 check recd mail from joshua sorensen forjane giilespie 2-304 (Check #1527) 375.00 ~375.00
5/1/2020 Rent 575.00 200.00
5/1/2020 may rent (Check #51434161211) -200.00 0.00
5/14/2020 )une rent (Check #1530) -375.00 -375.00
5/ 22/ 2020

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Document for Silver Lake Apartments vs Jane Gillespie

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