Preview
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
See Instructions (HOU101) for help in filling out this form.
State of Minnesota District Court
County of: Wright Court File Number:
Judicial District: Tenth Case Type: Eviction
Piaintiff #1 (Landlord) Plaintiff #2 (Landlord)
Name: Monticeiio Crossings Centerspace
-
Name:
Address: 2205 Meadow Oak Avenue Address:
City/State/Zip Monticello, MN 55362 City/State/Zip:
V5 V5
Defendant #1 (Tenant) Defendant #2 (Tenant)
Name: Bethany Johnson Name: Rosemarie Johnson
AddreSs: 2205 Meadow Oak Avenue, #264 Address: 2205 Meadow Oak Avenue. #264
City/State/Zip: Monticello, MN 55362 city/State/Zip: MonticeEIo, MN 55362
EVICTION ACTION COMPLAINT (HOU102)
Minn. Stat. § 5043.321
PLEASE TAKE NOT¥CE= If financiaily unable to obtain counsel, the defendant has the right to a
courtappointed attorney in a public housing eviction case that alleges breach of lease under
Minn. Stat. § 5048.171 or § 5048.285
E] Check the box if the leased or rental property qualifies as public housing as term is used in
Minn. Stat. § 5048.268.
|:| Check the box if the tenancy is affected by a federal or state housing subsidy program
through projectbased 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. Name of agency that administers the housing subsidy program:
[:l Check the box if there are more than two plaintiffs or more than two defendants. List the
information for the other parties on the Additional Litigants Form, HOU125
1. Rentai Agreement (Lease)
Landlord leased or rented the property located at:
Address: 2205 Meadow Oak Avenue
Apartment #: 264
City, State, Zip; Monticello, MN 55362
Eviction Action Complairrt
HOU102 State ENG Rev 1/24 D -
www.mncourts.gov/forms Page 1 of 5
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
County: Wright
lnciudes a garage E) Does not include a garage
The agreement for the property, beginning from April, 2024 (date), and
ending April, 2025 (date), is an (3 ORAL or WRiTTEN
agreement and is for: (Check all that appiy)
Payment of Rent. The current due and payabie under this agreement each month
is S 2158.00 due on the lst day of the month.
(:1 Exchange of Services. The agreement for exchange of services was: (expiain in
detail)
9 Important! If there is a written agreement (lease), you must inciude the written
tease, or most recent written lease in existence, and any reievant lease
addenda, with this Complaint.
2. Notice of Right of Possession by Landlord for Residentiai Leases
Landlord having present right of possession of the residential property, has foliowed Minn.
Stat. § 5048.181 by: (You must check either A and B, or C)
>3. Informing the Tenant, either in the rental agreement or otherwise, before the
beginning of the tenancy, the name and address of:
o The person authorized to manage the property; AND
0 A iandlord or agent authorize by the landlord to accept service of process
and receive and give receipt for notices and demands; AND
at 30. Posting in an obvious place on the property a printed or typewritten notice that
inciudes the information above. Explain where the notice is posted:
Office
0R
53 c The Tenant knew of the name and address of the person authorized to manage the
property and accept and give receipt for notices and demands, at feast 30 days
before the filing of this action, because:
Aiso provided in Lease Agreement and notices.
Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourtsgov/forms Page 2 of 5
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
3. Grounds for Eviction
Landiord seeks to have the Tenant evicted for the fotlowing reasons: (Check alt that appiy)
K4 a. The Tenant is still in possession of the premises and has faiied to pay rent for the
**
month(s) of May, 2024 thru June, 2024 in the amount of
3 2'! 58.00 per month, payable on the ist
day of each month, for a total due of 5 2740.64
For Residential teases Only: A written notice pursuant to Minn. Stat.§ 5048.321
suhd. 1(a) was served on Tenant 6/4/2024 (date), which was at
ieast 14 days before filing this eviction complaint. The written notice is attached.
Eb. The Tenant failed to vacate the property after written notice was given:
(check ail that apply)
Landlord gave written notice to Tenant on 05/04/2024 (date)
to vacate the property by 06/ l 8/2024 (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.
1:] Tenant gave written notice to Landlord on (date)
that they would vacate the property by (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.
CIG- The Tenant has broken the terms of the rental agreement by the foliowing: (Explain,
in detail)
I The specific clause of the agreement that was violated;
0 The dates and description of what happened that vioiated the agreement; and
0 Which section of the agreement gives the landlord the right to evict tenant for
breaking the terms of the rental agreement.
"the full amount of which includes amounts due and owing in late fees per
month payable, utilities and storage fees, as well as monthly rent and expenses
that become due and owing foilowing the filing of this Complaint.
E] d. The Tenant has breached the covenants at stated in Minn. Stat. §504B.171 by:
(Explain, in detail, what happened inciuding dates.)
Eviction Action Complaint
HOUtOZ State ENG Rev 1/24 -D www.mncourtsgov/forms
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Page 3 of 5
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
[39- The Tenant defaulted on the mortgage, and the property has been sold at a Sheriff's
safe. The Redemption period has expired, and Plaintiff is entitled to possession.
The Tenant defaulted on a Contract for Deed and is holding over after proper
[:If-
canceilation of the contract.
4. The Landlord seeks judgment against the above Tenants for restitution of said premises plus
costs and disbursements.
5. Tenant #1 date of birth / Unknown;
Tenant #2 date of birth / Unknown;
If a tenant is a business, leave this section blank for that tenant.
6. Miiita ry status for Tenant:
Tenant it 1 {j is in the military service [i is not in the military service Unknown
Tenant # 2 [3 is in the military service [:1 is not in the military service Unknown
if a tenant is a business, leave this section blank for that tenant.
ideciare under penalty of perjury that everything that have stated in this document is true
I
and correct. Minn. Stat. § 358.116.
****Notice: A licensed attorney must sign the Complaint and appear in court on behalf of a
corporation or tic. ****
Dated: June 24, 2024 /5/ Lori L. Athmann
Signature
Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourts.govlforms Page 4 of 5
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
Steams Name: Lori L. Athmann, JDA Law Firm
County and State where signed
Address: 1010 W. St. Germain, Suite 420
City/State/Zip: St. Cioud, MN 56301
Phone: 320230-0203
Email: Lori.Athmann@jdalaw.net
Eviction Action Complaint
HOU102 State ENG Rev 1/24 D www.mncourts.gov/forms Page 5 of 5
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
6/4/2024
Monticelio Crossings
2205 Meadow Oak Avenue
Monticelio, MN 55362
Bethany Johnson, Reynah Johnson, Carlita Johnson, Rosemarie Johnson
2205 Meadow Oak Avenue Apt 264
Monticello, MN 55362
NOTICE OF LANDLORD'S INTENT TO FILE AN EVICTION ACTION
FOR UNPAID RENT AND FINANCIAL OBLIGATIONS UNDER THE LEASE
Dear Bethany Johnson, Reynail Johnson, Carlita Johnson, Rosemarie Johnson
This Notice is your eviction prefiling notice. You are advised as follows:
1. This Notice wiil be: (a) mailed to you at the address of the leased premises; or (b) personally
delivel'ed to you.
YDLI have unpaid rent and/or other unpaid financial obligations in violation of the lease and yOll
may 300:1 be subject to an eviction action.
The total amount due is $2,740.64.
4 A specific accounting of the amount of the total due from unpaid tent, iate fees, and other chat'ges
under the lease: *See Attached ledger"
Yeti will also be responsible for rent and any unpaid financial obligations that contintle to accrue
SJ!
after the date of this Notice.
The name and address of the person authorized to receive rent and fees and unpaid financial
obligations alid receive and give receipts on behalf of the Landlord is: Kayla Zoct, 2205 Meadoxxr
Oak Avenue Monticello, MN 55362
1
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
7. In accordance with state law the following additional notices are provided:
a. You have the right to seek legal help. If you can't afford a lawyer, free help may be available.
Contact Legal Aid or visit www.LawHelpMN.or§1 to 1010"! your rights and find your local
Legal Aid Office.
b. To apply for financial help, contact your local county or Tribal social services office, apply
onlitie at MNBenefits.m.n.gov or call the United Way toll-free information line by dialing 2-1-1
or 800 543-7709.
c. Yow' landlord cart tile air eviction case if you do not pay the total amount due or move out
within 14 days from the date of this notice. Some local governments may have an eviction
notice period longer that) 14 days.
8. No Waiver for' Payment or Partial Payment: You agt'ee and acknowledge that if you make any
payment (for rent, late fees, or other unpaid financial obligations) you do so with the understanding
and agreement that: (a) the acceptance by the Landlord of a partial payment does not constitute a
waiver by the Landlord to further collect the remaining amounts of rent, late fees, or other unpaid
financial obligation] or proceed with an eviction; (b) Landlord may continue all. of its rights and
remedies under the law, including proceeding with an eviction; and (c) Landlord's acceptance of
any payment shall not constitute a waiver of the right to evict you for past or existing violations of
any term of the lease or other document governing your lease or tenancy.
9, Application of Monies Received on Account: You agree that all monies received by the Landlord or
its agents duririg the term of the lease. or any extension or renewal= shall be first applied to an)! and
all charges (rent, late fees or other' unpaid obligations) that are past due, and the balance of any
monies received afiei' paying past due balances shall be applied towards the current month's unpaid
obligations consistent with Miitn. Stat. § 504B.29l.
Sincerely,
Kayla Zoet
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
Resident Ledger
Date: 06/04/2024
Code t0046289 Property Monticello Crossings Lease From 04/10/2024
Name Bethany Johnson Unit 264 Lease To 04/09/ 2025
2205 Meadow Oak Avenue Apt
Address Status Current Move In 04/10/2024
264
Rent 2,150.00 Move Out
City Monticello, MN 55362 Phone (H) (763) 310-5763 Phone (W) (763) 3105763
Date Code Description ChargeSr/Bseepts.
Cher.ge.§.. .Ravm.e.n..ts. .Bzeiense.>
04/05/2024 APPFEE Application Fee (Bethany Johnson) 50.00 0.00 $0.00 3543256
04/05/2024 APPFEE Application Fee (Reynah Johnson) 50.00 0.00 100.00 3543257
04/05/2024 APPFEE Application Fee (Carlita Johnson) 50.00 0.00 150.00 3543258
04/05/2024 APPFEE Application Fee (Rosemarie Johnson) 50.00 0.00 200.00 3543259
chkii 234909867 Debit Card On«Line
04/05/2024 Payment ; Mobile Web Online -
0.00 200.00 0.00 1155800
Leasing
04/09/2024 DEPAPT Apartment Deposit 400.00 0.00 400.00 3544486
CONRENT months rent when move
04/09/2024 '5500 offhlst #50000 000 "100.00 3544756
in 30
by April
chkii 235245497 Debit Card OnLine
04/09/2024 Payment ; Mobile Web Online
0.00 400.00 3500.00 1156774
Leasing
ADMiNFE
04/10/2024 Admin Fee 100.00 0.00 -400.00 3544754
04/10/2024 RENT Rent for 21 days 1,505.00 0.00 1,105.00 3544755
04/20/2024 chkii 1252 :CHECKscan Payment 0.00 1,105.00 0.00 1159904
04/26/2024 iNSURFE Ren ins Fee (OS/2024) 20.00 0.00 20.00 3632197
05/01/2024 RENT Rent (OS/2024) 2,150.00 0.00 2,170.00 3644077
05/04/2024 LATEFEE Late Fee, 8% of $2150.00 172.00 0.00 2,342.00 3661363
chkii :ACH-WEB Online Payment EFT
05/20/2024 Payment. Mobile App , Resident 0.00 2,342.00 0.00 1194092
Services
05/23/2024 PARKiNG Parking Garages 9 days 31.94 0.00 31.94 3670254
05/23/2024 PARKlNG Parking Garages 9 days 31.94 0.00 63.88 3670255
05/24/2024 INSURFE Ren Ins Fee (06/2024) 20.00 0.00 83.88 3673895
06/01/2024 RU BFEE Acct. Setup 15.00 0.00 98.88 3726837
06/01/2024 RUBGAS Gas 04/10/24305/01/24
-
12.87 0.00 111.75 3726838
06/01/2024 RU BPEST Pest Control 04/10/24-05/01/24
1.42 0.00 113.17 3726839
06/01/2024 RUBFEE Service Fee 04/10/24-05/01/24
6.00 0.00 119.17 3726840
06/01/2024 RUBWS Sewer 04/10/24-05/01/24
-
20.12 0.00 139.29 3726842
RUBTRSH
06/01/2024 Trash -
04/ 10/24-05/01/ 24 35.06 0.00 17435 3726843
06/01/2024 RUBWS Water 04/10/2405/01/24
-
6.69 0.00 181.04 3726845
06/01/2024 PARKlNG Parkine Garages (06/2024) 110.00 0.00 291.04 3763429
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
06/01/2024 PARKING Parking Garages (06/2024) 110.00 0.00 401.04 3763430
06/01/2024 RENT Rent (06/2024) 2,150.00 0.00 2,551.04 3763431
06/04/2024 LATEFEE Late Fee, 8% of $2370.00 189.60 0.00 2,740.64 3781566
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
LEASE AGREEMENT
£95
Community: Monticello Crossings, 2205 Meadow Oak Avenue Monticello, MN 55362
Leaseholderls): Bethany Johnson, Rosemarie Johnson, Carlita Johnson, Reynah Johnson
Additional Occupants:
Leased Dwelling Address 2205 Meadow Oak Avenue Apt 264, Monticello, MN 55362
Apaflment; 264
Lease Tetm Dates: April 10, 2024 April 9, 2025
-
Effective Date: April 10, 2024
Total Monthly Payment: $2,158.00
(Breakdown Below)
*Monthiy Administrative Fee for
*Monthly Apartment Rent $2,150.00 $6.00
Utility Billing:
*Pest Control Fee: $2.00 Number of Pets: 1
"Animal Rent: $0.00 Number of Assistance Animals: 1
**Parking/Garage Rent: $0.00 Pa rking/Garage Space: 264-200, 264-201
"Storage Rent: $0.00 Storage Space: NA
Dne'Time Concession: $500.00 "Recurring Concession: $0.00
Other Residential Fee Disclosures
(Some of {hes-a are evenbbased fees, and are not recurring monthly payments but may be applicable during tease Term Dates.}
"*Apartment Deposit: $0.00 ""Administrative Fee: $100.00
***Applicatlon Fee: $50.00/person ""'Corporate Lease Setup Fee: $375.00
***Nonrefundable Pet Fee: $0.00 "*Animal Deposit S
*"Utility Account Deactivation
"*Utility Account Activation Fee $15.00
Fee:
$15.00
late Fee: 8.00 % Satellite Dish Removal lv'ee: $200.00
Renters Insurance Exemption/Non-
NSF Fee: $30.00 $20.00
Compliance Fee:
Responsibility Fee for Utilities: $50.00 Lockout: $300.00
Key/Fob/Garage Opener
Trash Violation Fee: $50.00 $150.00 Maximum (Varies)
Replacement:
Smoking Fee: $500.00 Animal Violation Fee: $300.00
*This amount will he included in Total Monthly Payment. 1
"This amount will only be included in Total Monthly Payment, if elected by teaseholdtfis). I "*Required One'tirne Fees
Rent is due on the 1" day of the month. regardless of holidays and/or office closures. If the account balance is not paid in iul! by file close of business on the 31d day of the month, a Late Fee
will be charged on the 41h day of the month in the amount of 8.00 % of the unpaid L', rent in the
' of the Total Monthly Payment indicated above, or as state regulation allows.
Renters Insurance Exemption/flon-compliance Fee is only charged if acceptable proof of renters insurance is not on file. Please refer :0 Utility Addendum for more details on utility fees.
One cp'uon per ulzlny Will be [dammed by an "X", Formula Indicator', or Dollar Ameuntl
This dew! wmll oullme the rcgpnnsublhty and payment mmhod for earl) utility iym.
Uhhty Type
Resldérlt [u Pa; Utw'ih/I Son/mt IRestdent to Pay Landlord (Variable Resident it) Pay Landlord (Flat
Unhty us N()t Applicable
,
Prowler Directly Rain) Rate)
Cable TV X
'
Eleciiic: RUES 3: '.
Electric: Submetered X
Gas' RUSS
Gas: Suh'metered
Internet
M 3516 r
Pest Control 7C0
Stotmwater
Trash B
Valet Trash
Water/Swim RUBS
Water/Sewer: Sub'metel'ed
N/A
*See Formula Indicate: on Utility Addendum for information on Variable rate allocations
'
,
a
'
" CENTERSPACE
Lease Agreement 10-01-2023
Page 1 of 24
Documem digitally signed using RENTCafe eSignature services, Document ID: i [43238
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
1. Lease Agreement. This Apartment Lease (the "Lease") is made and entered into between Centerspace tLP ("Landlord"), and each
individual listed above in the "Leaseholder" section of the Basic Terms (each, and collectively, "Leaseholder"), as of the date set forth
below in Landlord's signature block. Landlord is either the owner of the Community, and/or the authorized managing agent of the
Community. In consideration of the mutuai covenants set forth in this Lease, Landlord leases the apartment unit identified above {the
"Apartment") to Leaseholder, and Leaseholder teases the Apartment from Landlord. The Apartment shaii be used only as a private
residence, and for no other purpose. Leasehoider shall tender the Apartment deposit specified above (the "Apartment Deposit") on or
before the date Leaseholder signs this Lease.
Authorized Manager and Landlord authorized to accept service of process and receive and give receipt for notice and demands:
Centerspace LLP, Attn: Legal Department
800 LaSalle Plaza, Suite 1600, Minneapolis, Minnesota.
2. Subordination. Leasehoider agrees and acknowledges that this Lease is subordinate to any current, subsequent, or future
mortgage placed on and secured by the property that is the subject of this lease and Leaseholders authorizes Landlord or the property
Owner to execute on behalf of Leaseholder any and all documents necessary to subordinate this Lease.
3. No Oral Agreements. This Lease contains the entire agreement between the parties with respect to the leasing of the Apartment,
and there are no oral agreements between the parties. Leaseholder acknowledges that Landlord has not made any oral promises or
representations.
4. Occupants and Guests. The Apartment may only be occupied by Leaseholder and Leaseholders approved occupants, and not by
any other individual without Landlord's prior written consent. For purposes of this Lease, "Occupant" shall mean any occupant of the
Apartment that has been approved by Landlord, and "Guest" shall mean any guest or other invitee of either Leaseholder or an
Occupant. Leaseholder is responsible for the acts and vioiations of any Occupant or Guest. If this Lease is violated by any Occupant or
Guest, then Leaseholder wiii be deemed to have violated this Lease. Guests shall not stay in the Apartment for more than 10
consecutive days without Landlord's prior written consent.
5. Multiple Leaseholders. If this Lease has more than one Leaseholder, then each Leaseholder is jointly and severally responsible for
paying ail Rent and other sums due under this Lease. Leaseholder is jointly and severally responsible for ali other obligations of the
Leaseholder under this Lease. If this Lease is violated by any Leaseholder, Occupant, or Guest, then each Leaseholder will have violated
this Lease. Landlord's notice to any individual Leaseholder shall constitute notice to each Leaseholder.
6. No SubleaseS', Assignment. Leaseholder shall not Sublease its interest in this Lease. Any attempted sublease in violation of this
Section is null and void and shall constitute a material breach of this Lease. Leaseholder shall not otherwise assign its interest in this
Lease without Landlord's prior written consent, which consent Landlord may grant, withhold, or condition in its soie and absolute
discretion. Any attempted assignment in vioiation of this Section is null and void and shall constitute a breach of this Lease.
7. Delay of Occupancy. Landlord is not responsible for any delay in Leaseholder's occupancy of the Apartment caused by
construction or any necessary repairs or cieaning, or by the unlawful hold-over of the previous Leaseholder. in such event, this Lease
shall remain in full force, subject to abatement of Rent on a daily basis during the delay. if Landlord cannot deliver possession of the
Apartment by thirty days foliowing the Lease Commencement Date, then Leaseholder may terminate this Lease after such date by
providing a written termination notice to Landlord. Notwithstanding the foregoing, Rent shall not abate, and Leaseholderr shall not be
entitled to terminate this Lease if the deiay is for cleaning or repairs that do not prevent Leaseholder from occupying the Apartment.
8. Lease 'l'erm-l Automatic Renewal. The initial minimum term of the Lease is outlined as the Lease Term Dates defined above. This
Lease will automaticaily renew on a month-tovmonth basis unless either party gives at least 60 days' written notice of termination or
intent to move out at the end of the lease term. Any termination notice by Leaseholder pursuant to this Section shall comply with ail the
requirements of a "MoveOut Notice" that are set forth below. In the event the lease is renewed on a monthto-month basis, rent will
be adjusted to current monthtowmonth rental rate.
9. Lease Changes. No rent increases or changes to the Lease shall occur before the initial Lease Termination Date, unless agreed to
by both parties in writing, except for Landlord's reasonable changes to the Community Rules of the Lease, Addenda and/or the Resident
Handbook. if this Lease automatically renews on a month-tomonth basis, then Landlord may change any of the terms of this Lease,
L! ..
r
,
, , CENTERSPACE
Lease Agreement 10.01-2023
Page 2 of 24
Document digitaily' Signed using RENTCafC eSignaturc services. Document ID: 1 143233
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
including increasing Rent, as of the first calendar day following the initial lease termination date. The Lease wiil be deemed modified as
of the specified date, without necessity of Leaseholder's signature, unless Leaseholder provides its termination notice.
10. R_eg_t_. teaseholder shall pay to Landlord the Total Monthly Payment and all other charges set forth above in advance and without
offset or deduction, commencing on the Lease Start Date, and continuing on the first day of each calendar month during the term of this
Lease. Lease-holder shali pay all Rent to Landlord at such place and in such manner as Landlord may from time to time designate in
writing. Leaseholder shall pay ail Rent without Landlord's previous demand, invoice or notice for payment. Landlord and teaseholder
will prorate Rent, on a per diem basis, for any partial month within the term of the Lease. Leaseholder shall pay Rent electronically as
set forth below. Leaseholder agrees to remit payment for the full balance due on the account, including rent and any additional charges.
At Landlord's option, Landlord may apply money received from Leaseholder first to any of Leaseholder's unpaid obligations, and then to
current Rent. Leaseholder's obligation to pay Rent is independent from any of Landlord's covenants, obligations, warranties or
representations in this Lease and failure to pay Rent when due is deemed a material breach of this Lease. Leaseholder agrees and
understands that the payment of rent is not proportional in any way to the use or availabiiity of any community amenity of any kind, but
for the use and occupancy of the Apartment identified above.
11. Utilities paid by teaseholder. Leaseholder agrees to pay for all utilities, utility deposits, charges, fees, or service charges for all
utilities monthly and wili not allow utilities to be disconnected or service interrupted until the lease term or teaseholder possession
ends. Payments made may be applied to all outstanding balances before current balances. if any specific utiiities are billed to
Community and then divided and billed to Leaseholder, Landlord will attach a Utility Addendum to this Lease.
12. Electronic Fg'nd Tragisfer; ACH Check Conversion. Unless otherwise agreed in writing, Leaseholder acknowledges that all Rent
shall be paid by electronic fund transfer using ACH, Debit Card, Credit Card and/or Cash Payment Program. Leaseholder agrees to pay
any fees associated with payment processing.
13. Delinguent PaymentS', Reiectedl Returned Payment Fee. lf Leaseholder does not pay Rent on or before the date listed above,
then Leaseholder shall be in default under this Lease, and Leaseholder shall also pay Landlord a late 1fee based on the baiance of the
monthly unpaid rent, including pet, garage, storage, and other additional rental fees, as set forth above. A late fee must be included
with the delinquent rent payment. Leaseholder acknowledges and agrees that said late fee is liquidated damages, is fair, and
reasonabie. Leaseholder shall also pay a fee for each returned check or rejected automatic electronic draft. The fee amount shall not
exceed state restrictions for which the Community is located. Leaseholder accounts that receive 2 returned payments from any source
will enter a probationary period and may have restricted payment methods.
14. indemnity, Hoid Harmlesg, and Attorneys' Fees. Leaseholder shall release, indemnify, defend, and hoid harmless Landlord from
and against all claims, actions, demands, iiabilities, damages, costs, penalties, losses or expenses (including without limitation
reasonable attorneys' fees) arising from: (a) any breach or default by Leaseholder in the performance of any of teaseholder's c0venants
or agreements in this Lease; (b) any misconduct or negligent act or omission of Leaseholder, or of any Occupant or Guest; (c) any
accident, injury, occurrence or damage in, about or to the Apartment; and (d) to the extent caused in whole or in part by Leaseholder
(or by any Occupant or Guest), any accident, injury, occurrence or damage in, about or to the Community. Leaseholder acknowledges
and agrees that if any federal, state, county, city or other municipality statute, ordinance, rule or case law provides that Leaseholder is
entitled to recover their reasonable attorney's fees, costs and disbursement in any action teaseholder is entitled to bring against
Landlord or the Owner under any such statute, ordinance, rule or case law, then Landlord shall be entitled to recover its attorney's fees,
costs and disbursements if it is the prevailing party in such action brought by Leasehoider under the same circumstances as Leaseholder.
Separately, in the event the Landlord commences any legal action against the teaseholder to enforce this Lease, including but not
limited to an eviction action, the Leaseholder shall be responsible to pay the Landlord's hard costs in filing any such claim, including but
not iimited to court fees, service fees, writ fees, and sheriff fees, plus attorneys' fees up to $1,500.00.
15. Notices. Unless otherwise provided bylaw, any and all notices to be delivered to Leaseholder pursuant to this Lease or otherwise
shall be deemed delivered and received by Leaseholder when slid under the Apartment door, taped to the Apartment door, handed to
any Leaseholder, emailed to any Leaseholder, texted to any Leaseholder, or mailed to any Leaseholder at the Apartment address by US.
Mail or Certified Mail or mailed to any forwarding address provided by Leaseholder. Leaseholder shall provide and always maintain an
updated email address and phone number with Landlord. Leaseholder shall also provide an emergency contact including name, address,
email, and phone number to Landlord.
16. Renters insurance. The Landlord's property and liability insurance does not protect Leasehoiders, Occupants or Guests against
any loss or damage to personal Property from any cause or cover any liability for loss or damage caused by Leasehoider's actions or
. CENTERSPACE
Lease Agreement 10014023
< , ".3 Page a of 24
Document digitally signed using RENTCafe cSignature services. Document $0: "43238
86-CV-24-3357
Filed in District Court
State of Minnesota
6/25/2024 9:10 AM
those of any Occupants or Guests. Leaseholder is liable to the Landlord and others for loss or damage caused by Leaseholder's actions
or those of any Occupants or Guests. Leaseholder agrees to maintain, at Leaseholder's soie expense, during the Term of the Lease and
any subsequent Leases, including month-to-month terms, a Renters ln5urance policy satisfying ail requirements set forth in this Section
and Leaseholder agrees to provide accurate and current evidence of such Renters insurance to Landlord. Leaseholder understands and
agrees that Landlord may have a third-party assist Landlord in obtaining, reviewing, and performing certain Landlord evidence of the
Renters insurance. To ensure minimum protection against any such liability, Leaseholders are required to maintain an insurance policy
with (a) an insurance company acceptable to Landlord, (b) minimum coverage of $100,000 in personal liability insurance coverage, (c)
inclusion of coverage for all Community damage and/or any bodily harm arising from or related to Leaseholder's or Occupants or
Guests, (d) All ieasehoiders occupying the dwelling must be listed on the policy of record (e) "Additional interest" listed as: Centerspace,
LLP, (f) policy change notifications delivered to the "Additional interest" party. if Leaseholder fails to provide valid and approved proof
of Renters Insurance to Landlord, or fails to maintain a valid and approved Renters insurance policy, Leaseholder shalt pay to Landlord,
on a monthiy basis or at any time no evidence of insurance is on file with the Landlord, a "Renters insurance Exemption/Non-
Compliance Fee" defined above. The Exemption Fee is a flat, non-prorated amount and shaii be deemed to be additional Rent. The
Exemption Fee is not insurance or a waiver of Leaseholder's liability for damages or injuries. Leaseholder acknowledges that Agents of
Landlord are not insurance agents and cannot advise on this insurance requirement or where to obtain insurance. At Leaseholder's
discretion and sole expense, Leasehoider may also purchase additional Renters insurance which covers Leaseholder's personal property
and belongings.
17. Parking. Landlord has the right to regulate the time, manner, and place of parking of at! cars, trucks, motorcycles, bicycles,
trailers, and recreational vehicles at the Community (collectively, "Vehicle"). Leaseholder has the right to use, in common with other
Leasehoiders and guests, any unrestricted parking areas located at the Community. Landiord has the right to designate the parking
areas of the Community as
Preview
86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM See Instructions (HOU101) for help in filling out this form. State of Minnesota District Court County of: Wright Court File Number: Judicial District: Tenth Case Type: Eviction Piaintiff #1 (Landlord) Plaintiff #2 (Landlord) Name: Monticeiio Crossings Centerspace - Name: Address: 2205 Meadow Oak Avenue Address: City/State/Zip Monticello, MN 55362 City/State/Zip: V5 V5 Defendant #1 (Tenant) Defendant #2 (Tenant) Name: Bethany Johnson Name: Rosemarie Johnson AddreSs: 2205 Meadow Oak Avenue, #264 Address: 2205 Meadow Oak Avenue. #264 City/State/Zip: Monticello, MN 55362 city/State/Zip: MonticeEIo, MN 55362 EVICTION ACTION COMPLAINT (HOU102) Minn. Stat. § 5043.321 PLEASE TAKE NOT¥CE= If financiaily unable to obtain counsel, the defendant has the right to a courtappointed attorney in a public housing eviction case that alleges breach of lease under Minn. Stat. § 5048.171 or § 5048.285 E] Check the box if the leased or rental property qualifies as public housing as term is used in Minn. Stat. § 5048.268. |:| Check the box if the tenancy is affected by a federal or state housing subsidy program through projectbased 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. Name of agency that administers the housing subsidy program: [:l Check the box if there are more than two plaintiffs or more than two defendants. List the information for the other parties on the Additional Litigants Form, HOU125 1. Rentai Agreement (Lease) Landlord leased or rented the property located at: Address: 2205 Meadow Oak Avenue Apartment #: 264 City, State, Zip; Monticello, MN 55362 Eviction Action Complairrt HOU102 State ENG Rev 1/24 D - www.mncourts.gov/forms Page 1 of 5 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM County: Wright lnciudes a garage E) Does not include a garage The agreement for the property, beginning from April, 2024 (date), and ending April, 2025 (date), is an (3 ORAL or WRiTTEN agreement and is for: (Check all that appiy) Payment of Rent. The current due and payabie under this agreement each month is S 2158.00 due on the lst day of the month. (:1 Exchange of Services. The agreement for exchange of services was: (expiain in detail) 9 Important! If there is a written agreement (lease), you must inciude the written tease, or most recent written lease in existence, and any reievant lease addenda, with this Complaint. 2. Notice of Right of Possession by Landlord for Residentiai Leases Landlord having present right of possession of the residential property, has foliowed Minn. Stat. § 5048.181 by: (You must check either A and B, or C) >3. Informing the Tenant, either in the rental agreement or otherwise, before the beginning of the tenancy, the name and address of: o The person authorized to manage the property; AND 0 A iandlord or agent authorize by the landlord to accept service of process and receive and give receipt for notices and demands; AND at 30. Posting in an obvious place on the property a printed or typewritten notice that inciudes the information above. Explain where the notice is posted: Office 0R 53 c The Tenant knew of the name and address of the person authorized to manage the property and accept and give receipt for notices and demands, at feast 30 days before the filing of this action, because: Aiso provided in Lease Agreement and notices. Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourtsgov/forms Page 2 of 5 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM 3. Grounds for Eviction Landiord seeks to have the Tenant evicted for the fotlowing reasons: (Check alt that appiy) K4 a. The Tenant is still in possession of the premises and has faiied to pay rent for the ** month(s) of May, 2024 thru June, 2024 in the amount of 3 2'! 58.00 per month, payable on the ist day of each month, for a total due of 5 2740.64 For Residential teases Only: A written notice pursuant to Minn. Stat.§ 5048.321 suhd. 1(a) was served on Tenant 6/4/2024 (date), which was at ieast 14 days before filing this eviction complaint. The written notice is attached. Eb. The Tenant failed to vacate the property after written notice was given: (check ail that apply) Landlord gave written notice to Tenant on 05/04/2024 (date) to vacate the property by 06/ l 8/2024 (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate. 1:] Tenant gave written notice to Landlord on (date) that they would vacate the property by (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate. CIG- The Tenant has broken the terms of the rental agreement by the foliowing: (Explain, in detail) I The specific clause of the agreement that was violated; 0 The dates and description of what happened that vioiated the agreement; and 0 Which section of the agreement gives the landlord the right to evict tenant for breaking the terms of the rental agreement. "the full amount of which includes amounts due and owing in late fees per month payable, utilities and storage fees, as well as monthly rent and expenses that become due and owing foilowing the filing of this Complaint. E] d. The Tenant has breached the covenants at stated in Minn. Stat. §504B.171 by: (Explain, in detail, what happened inciuding dates.) Eviction Action Complaint HOUtOZ State ENG Rev 1/24 -D www.mncourtsgov/forms - Page 3 of 5 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM [39- The Tenant defaulted on the mortgage, and the property has been sold at a Sheriff's safe. The Redemption period has expired, and Plaintiff is entitled to possession. The Tenant defaulted on a Contract for Deed and is holding over after proper [:If- canceilation of the contract. 4. The Landlord seeks judgment against the above Tenants for restitution of said premises plus costs and disbursements. 5. Tenant #1 date of birth / Unknown; Tenant #2 date of birth / Unknown; If a tenant is a business, leave this section blank for that tenant. 6. Miiita ry status for Tenant: Tenant it 1 {j is in the military service [i is not in the military service Unknown Tenant # 2 [3 is in the military service [:1 is not in the military service Unknown if a tenant is a business, leave this section blank for that tenant. ideciare under penalty of perjury that everything that have stated in this document is true I and correct. Minn. Stat. § 358.116. ****Notice: A licensed attorney must sign the Complaint and appear in court on behalf of a corporation or tic. **** Dated: June 24, 2024 /5/ Lori L. Athmann Signature Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourts.govlforms Page 4 of 5 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM Steams Name: Lori L. Athmann, JDA Law Firm County and State where signed Address: 1010 W. St. Germain, Suite 420 City/State/Zip: St. Cioud, MN 56301 Phone: 320230-0203 Email: Lori.Athmann@jdalaw.net Eviction Action Complaint HOU102 State ENG Rev 1/24 D www.mncourts.gov/forms Page 5 of 5 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM 6/4/2024 Monticelio Crossings 2205 Meadow Oak Avenue Monticelio, MN 55362 Bethany Johnson, Reynah Johnson, Carlita Johnson, Rosemarie Johnson 2205 Meadow Oak Avenue Apt 264 Monticello, MN 55362 NOTICE OF LANDLORD'S INTENT TO FILE AN EVICTION ACTION FOR UNPAID RENT AND FINANCIAL OBLIGATIONS UNDER THE LEASE Dear Bethany Johnson, Reynail Johnson, Carlita Johnson, Rosemarie Johnson This Notice is your eviction prefiling notice. You are advised as follows: 1. This Notice wiil be: (a) mailed to you at the address of the leased premises; or (b) personally delivel'ed to you. YDLI have unpaid rent and/or other unpaid financial obligations in violation of the lease and yOll may 300:1 be subject to an eviction action. The total amount due is $2,740.64. 4 A specific accounting of the amount of the total due from unpaid tent, iate fees, and other chat'ges under the lease: *See Attached ledger" Yeti will also be responsible for rent and any unpaid financial obligations that contintle to accrue SJ! after the date of this Notice. The name and address of the person authorized to receive rent and fees and unpaid financial obligations alid receive and give receipts on behalf of the Landlord is: Kayla Zoct, 2205 Meadoxxr Oak Avenue Monticello, MN 55362 1 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM 7. In accordance with state law the following additional notices are provided: a. You have the right to seek legal help. If you can't afford a lawyer, free help may be available. Contact Legal Aid or visit www.LawHelpMN.or§1 to 1010"! your rights and find your local Legal Aid Office. b. To apply for financial help, contact your local county or Tribal social services office, apply onlitie at MNBenefits.m.n.gov or call the United Way toll-free information line by dialing 2-1-1 or 800 543-7709. c. Yow' landlord cart tile air eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer that) 14 days. 8. No Waiver for' Payment or Partial Payment: You agt'ee and acknowledge that if you make any payment (for rent, late fees, or other unpaid financial obligations) you do so with the understanding and agreement that: (a) the acceptance by the Landlord of a partial payment does not constitute a waiver by the Landlord to further collect the remaining amounts of rent, late fees, or other unpaid financial obligation] or proceed with an eviction; (b) Landlord may continue all. of its rights and remedies under the law, including proceeding with an eviction; and (c) Landlord's acceptance of any payment shall not constitute a waiver of the right to evict you for past or existing violations of any term of the lease or other document governing your lease or tenancy. 9, Application of Monies Received on Account: You agree that all monies received by the Landlord or its agents duririg the term of the lease. or any extension or renewal= shall be first applied to an)! and all charges (rent, late fees or other' unpaid obligations) that are past due, and the balance of any monies received afiei' paying past due balances shall be applied towards the current month's unpaid obligations consistent with Miitn. Stat. § 504B.29l. Sincerely, Kayla Zoet 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM Resident Ledger Date: 06/04/2024 Code t0046289 Property Monticello Crossings Lease From 04/10/2024 Name Bethany Johnson Unit 264 Lease To 04/09/ 2025 2205 Meadow Oak Avenue Apt Address Status Current Move In 04/10/2024 264 Rent 2,150.00 Move Out City Monticello, MN 55362 Phone (H) (763) 310-5763 Phone (W) (763) 3105763 Date Code Description ChargeSr/Bseepts. Cher.ge.§.. .Ravm.e.n..ts. .Bzeiense.> 04/05/2024 APPFEE Application Fee (Bethany Johnson) 50.00 0.00 $0.00 3543256 04/05/2024 APPFEE Application Fee (Reynah Johnson) 50.00 0.00 100.00 3543257 04/05/2024 APPFEE Application Fee (Carlita Johnson) 50.00 0.00 150.00 3543258 04/05/2024 APPFEE Application Fee (Rosemarie Johnson) 50.00 0.00 200.00 3543259 chkii 234909867 Debit Card On«Line 04/05/2024 Payment ; Mobile Web Online - 0.00 200.00 0.00 1155800 Leasing 04/09/2024 DEPAPT Apartment Deposit 400.00 0.00 400.00 3544486 CONRENT months rent when move 04/09/2024 '5500 offhlst #50000 000 "100.00 3544756 in 30 by April chkii 235245497 Debit Card OnLine 04/09/2024 Payment ; Mobile Web Online 0.00 400.00 3500.00 1156774 Leasing ADMiNFE 04/10/2024 Admin Fee 100.00 0.00 -400.00 3544754 04/10/2024 RENT Rent for 21 days 1,505.00 0.00 1,105.00 3544755 04/20/2024 chkii 1252 :CHECKscan Payment 0.00 1,105.00 0.00 1159904 04/26/2024 iNSURFE Ren ins Fee (OS/2024) 20.00 0.00 20.00 3632197 05/01/2024 RENT Rent (OS/2024) 2,150.00 0.00 2,170.00 3644077 05/04/2024 LATEFEE Late Fee, 8% of $2150.00 172.00 0.00 2,342.00 3661363 chkii :ACH-WEB Online Payment EFT 05/20/2024 Payment. Mobile App , Resident 0.00 2,342.00 0.00 1194092 Services 05/23/2024 PARKiNG Parking Garages 9 days 31.94 0.00 31.94 3670254 05/23/2024 PARKlNG Parking Garages 9 days 31.94 0.00 63.88 3670255 05/24/2024 INSURFE Ren Ins Fee (06/2024) 20.00 0.00 83.88 3673895 06/01/2024 RU BFEE Acct. Setup 15.00 0.00 98.88 3726837 06/01/2024 RUBGAS Gas 04/10/24305/01/24 - 12.87 0.00 111.75 3726838 06/01/2024 RU BPEST Pest Control 04/10/24-05/01/24 1.42 0.00 113.17 3726839 06/01/2024 RUBFEE Service Fee 04/10/24-05/01/24 6.00 0.00 119.17 3726840 06/01/2024 RUBWS Sewer 04/10/24-05/01/24 - 20.12 0.00 139.29 3726842 RUBTRSH 06/01/2024 Trash - 04/ 10/24-05/01/ 24 35.06 0.00 17435 3726843 06/01/2024 RUBWS Water 04/10/2405/01/24 - 6.69 0.00 181.04 3726845 06/01/2024 PARKlNG Parkine Garages (06/2024) 110.00 0.00 291.04 3763429 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM 06/01/2024 PARKING Parking Garages (06/2024) 110.00 0.00 401.04 3763430 06/01/2024 RENT Rent (06/2024) 2,150.00 0.00 2,551.04 3763431 06/04/2024 LATEFEE Late Fee, 8% of $2370.00 189.60 0.00 2,740.64 3781566 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM LEASE AGREEMENT £95 Community: Monticello Crossings, 2205 Meadow Oak Avenue Monticello, MN 55362 Leaseholderls): Bethany Johnson, Rosemarie Johnson, Carlita Johnson, Reynah Johnson Additional Occupants: Leased Dwelling Address 2205 Meadow Oak Avenue Apt 264, Monticello, MN 55362 Apaflment; 264 Lease Tetm Dates: April 10, 2024 April 9, 2025 - Effective Date: April 10, 2024 Total Monthly Payment: $2,158.00 (Breakdown Below) *Monthiy Administrative Fee for *Monthly Apartment Rent $2,150.00 $6.00 Utility Billing: *Pest Control Fee: $2.00 Number of Pets: 1 "Animal Rent: $0.00 Number of Assistance Animals: 1 **Parking/Garage Rent: $0.00 Pa rking/Garage Space: 264-200, 264-201 "Storage Rent: $0.00 Storage Space: NA Dne'Time Concession: $500.00 "Recurring Concession: $0.00 Other Residential Fee Disclosures (Some of {hes-a are evenbbased fees, and are not recurring monthly payments but may be applicable during tease Term Dates.} "*Apartment Deposit: $0.00 ""Administrative Fee: $100.00 ***Applicatlon Fee: $50.00/person ""'Corporate Lease Setup Fee: $375.00 ***Nonrefundable Pet Fee: $0.00 "*Animal Deposit S *"Utility Account Deactivation "*Utility Account Activation Fee $15.00 Fee: $15.00 late Fee: 8.00 % Satellite Dish Removal lv'ee: $200.00 Renters Insurance Exemption/Non- NSF Fee: $30.00 $20.00 Compliance Fee: Responsibility Fee for Utilities: $50.00 Lockout: $300.00 Key/Fob/Garage Opener Trash Violation Fee: $50.00 $150.00 Maximum (Varies) Replacement: Smoking Fee: $500.00 Animal Violation Fee: $300.00 *This amount will he included in Total Monthly Payment. 1 "This amount will only be included in Total Monthly Payment, if elected by teaseholdtfis). I "*Required One'tirne Fees Rent is due on the 1" day of the month. regardless of holidays and/or office closures. If the account balance is not paid in iul! by file close of business on the 31d day of the month, a Late Fee will be charged on the 41h day of the month in the amount of 8.00 % of the unpaid L', rent in the ' of the Total Monthly Payment indicated above, or as state regulation allows. Renters Insurance Exemption/flon-compliance Fee is only charged if acceptable proof of renters insurance is not on file. Please refer :0 Utility Addendum for more details on utility fees. One cp'uon per ulzlny Will be [dammed by an "X", Formula Indicator', or Dollar Ameuntl This dew! wmll oullme the rcgpnnsublhty and payment mmhod for earl) utility iym. Uhhty Type Resldérlt [u Pa; Utw'ih/I Son/mt IRestdent to Pay Landlord (Variable Resident it) Pay Landlord (Flat Unhty us N()t Applicable , Prowler Directly Rain) Rate) Cable TV X ' Eleciiic: RUES 3: '. Electric: Submetered X Gas' RUSS Gas: Suh'metered Internet M 3516 r Pest Control 7C0 Stotmwater Trash B Valet Trash Water/Swim RUBS Water/Sewer: Sub'metel'ed N/A *See Formula Indicate: on Utility Addendum for information on Variable rate allocations ' , a ' " CENTERSPACE Lease Agreement 10-01-2023 Page 1 of 24 Documem digitally signed using RENTCafe eSignature services, Document ID: i [43238 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM 1. Lease Agreement. This Apartment Lease (the "Lease") is made and entered into between Centerspace tLP ("Landlord"), and each individual listed above in the "Leaseholder" section of the Basic Terms (each, and collectively, "Leaseholder"), as of the date set forth below in Landlord's signature block. Landlord is either the owner of the Community, and/or the authorized managing agent of the Community. In consideration of the mutuai covenants set forth in this Lease, Landlord leases the apartment unit identified above {the "Apartment") to Leaseholder, and Leaseholder teases the Apartment from Landlord. The Apartment shaii be used only as a private residence, and for no other purpose. Leasehoider shall tender the Apartment deposit specified above (the "Apartment Deposit") on or before the date Leaseholder signs this Lease. Authorized Manager and Landlord authorized to accept service of process and receive and give receipt for notice and demands: Centerspace LLP, Attn: Legal Department 800 LaSalle Plaza, Suite 1600, Minneapolis, Minnesota. 2. Subordination. Leasehoider agrees and acknowledges that this Lease is subordinate to any current, subsequent, or future mortgage placed on and secured by the property that is the subject of this lease and Leaseholders authorizes Landlord or the property Owner to execute on behalf of Leaseholder any and all documents necessary to subordinate this Lease. 3. No Oral Agreements. This Lease contains the entire agreement between the parties with respect to the leasing of the Apartment, and there are no oral agreements between the parties. Leaseholder acknowledges that Landlord has not made any oral promises or representations. 4. Occupants and Guests. The Apartment may only be occupied by Leaseholder and Leaseholders approved occupants, and not by any other individual without Landlord's prior written consent. For purposes of this Lease, "Occupant" shall mean any occupant of the Apartment that has been approved by Landlord, and "Guest" shall mean any guest or other invitee of either Leaseholder or an Occupant. Leaseholder is responsible for the acts and vioiations of any Occupant or Guest. If this Lease is violated by any Occupant or Guest, then Leaseholder wiii be deemed to have violated this Lease. Guests shall not stay in the Apartment for more than 10 consecutive days without Landlord's prior written consent. 5. Multiple Leaseholders. If this Lease has more than one Leaseholder, then each Leaseholder is jointly and severally responsible for paying ail Rent and other sums due under this Lease. Leaseholder is jointly and severally responsible for ali other obligations of the Leaseholder under this Lease. If this Lease is violated by any Leaseholder, Occupant, or Guest, then each Leaseholder will have violated this Lease. Landlord's notice to any individual Leaseholder shall constitute notice to each Leaseholder. 6. No SubleaseS', Assignment. Leaseholder shall not Sublease its interest in this Lease. Any attempted sublease in violation of this Section is null and void and shall constitute a material breach of this Lease. Leaseholder shall not otherwise assign its interest in this Lease without Landlord's prior written consent, which consent Landlord may grant, withhold, or condition in its soie and absolute discretion. Any attempted assignment in vioiation of this Section is null and void and shall constitute a breach of this Lease. 7. Delay of Occupancy. Landlord is not responsible for any delay in Leaseholder's occupancy of the Apartment caused by construction or any necessary repairs or cieaning, or by the unlawful hold-over of the previous Leaseholder. in such event, this Lease shall remain in full force, subject to abatement of Rent on a daily basis during the delay. if Landlord cannot deliver possession of the Apartment by thirty days foliowing the Lease Commencement Date, then Leaseholder may terminate this Lease after such date by providing a written termination notice to Landlord. Notwithstanding the foregoing, Rent shall not abate, and Leaseholderr shall not be entitled to terminate this Lease if the deiay is for cleaning or repairs that do not prevent Leaseholder from occupying the Apartment. 8. Lease 'l'erm-l Automatic Renewal. The initial minimum term of the Lease is outlined as the Lease Term Dates defined above. This Lease will automaticaily renew on a month-tovmonth basis unless either party gives at least 60 days' written notice of termination or intent to move out at the end of the lease term. Any termination notice by Leaseholder pursuant to this Section shall comply with ail the requirements of a "MoveOut Notice" that are set forth below. In the event the lease is renewed on a monthto-month basis, rent will be adjusted to current monthtowmonth rental rate. 9. Lease Changes. No rent increases or changes to the Lease shall occur before the initial Lease Termination Date, unless agreed to by both parties in writing, except for Landlord's reasonable changes to the Community Rules of the Lease, Addenda and/or the Resident Handbook. if this Lease automatically renews on a month-tomonth basis, then Landlord may change any of the terms of this Lease, L! .. r , , , CENTERSPACE Lease Agreement 10.01-2023 Page 2 of 24 Document digitaily' Signed using RENTCafC eSignaturc services. Document ID: 1 143233 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM including increasing Rent, as of the first calendar day following the initial lease termination date. The Lease wiil be deemed modified as of the specified date, without necessity of Leaseholder's signature, unless Leaseholder provides its termination notice. 10. R_eg_t_. teaseholder shall pay to Landlord the Total Monthly Payment and all other charges set forth above in advance and without offset or deduction, commencing on the Lease Start Date, and continuing on the first day of each calendar month during the term of this Lease. Lease-holder shali pay all Rent to Landlord at such place and in such manner as Landlord may from time to time designate in writing. Leaseholder shall pay ail Rent without Landlord's previous demand, invoice or notice for payment. Landlord and teaseholder will prorate Rent, on a per diem basis, for any partial month within the term of the Lease. Leaseholder shall pay Rent electronically as set forth below. Leaseholder agrees to remit payment for the full balance due on the account, including rent and any additional charges. At Landlord's option, Landlord may apply money received from Leaseholder first to any of Leaseholder's unpaid obligations, and then to current Rent. Leaseholder's obligation to pay Rent is independent from any of Landlord's covenants, obligations, warranties or representations in this Lease and failure to pay Rent when due is deemed a material breach of this Lease. Leaseholder agrees and understands that the payment of rent is not proportional in any way to the use or availabiiity of any community amenity of any kind, but for the use and occupancy of the Apartment identified above. 11. Utilities paid by teaseholder. Leaseholder agrees to pay for all utilities, utility deposits, charges, fees, or service charges for all utilities monthly and wili not allow utilities to be disconnected or service interrupted until the lease term or teaseholder possession ends. Payments made may be applied to all outstanding balances before current balances. if any specific utiiities are billed to Community and then divided and billed to Leaseholder, Landlord will attach a Utility Addendum to this Lease. 12. Electronic Fg'nd Tragisfer; ACH Check Conversion. Unless otherwise agreed in writing, Leaseholder acknowledges that all Rent shall be paid by electronic fund transfer using ACH, Debit Card, Credit Card and/or Cash Payment Program. Leaseholder agrees to pay any fees associated with payment processing. 13. Delinguent PaymentS', Reiectedl Returned Payment Fee. lf Leaseholder does not pay Rent on or before the date listed above, then Leaseholder shall be in default under this Lease, and Leaseholder shall also pay Landlord a late 1fee based on the baiance of the monthly unpaid rent, including pet, garage, storage, and other additional rental fees, as set forth above. A late fee must be included with the delinquent rent payment. Leaseholder acknowledges and agrees that said late fee is liquidated damages, is fair, and reasonabie. Leaseholder shall also pay a fee for each returned check or rejected automatic electronic draft. The fee amount shall not exceed state restrictions for which the Community is located. Leaseholder accounts that receive 2 returned payments from any source will enter a probationary period and may have restricted payment methods. 14. indemnity, Hoid Harmlesg, and Attorneys' Fees. Leaseholder shall release, indemnify, defend, and hoid harmless Landlord from and against all claims, actions, demands, iiabilities, damages, costs, penalties, losses or expenses (including without limitation reasonable attorneys' fees) arising from: (a) any breach or default by Leaseholder in the performance of any of teaseholder's c0venants or agreements in this Lease; (b) any misconduct or negligent act or omission of Leaseholder, or of any Occupant or Guest; (c) any accident, injury, occurrence or damage in, about or to the Apartment; and (d) to the extent caused in whole or in part by Leaseholder (or by any Occupant or Guest), any accident, injury, occurrence or damage in, about or to the Community. Leaseholder acknowledges and agrees that if any federal, state, county, city or other municipality statute, ordinance, rule or case law provides that Leaseholder is entitled to recover their reasonable attorney's fees, costs and disbursement in any action teaseholder is entitled to bring against Landlord or the Owner under any such statute, ordinance, rule or case law, then Landlord shall be entitled to recover its attorney's fees, costs and disbursements if it is the prevailing party in such action brought by Leasehoider under the same circumstances as Leaseholder. Separately, in the event the Landlord commences any legal action against the teaseholder to enforce this Lease, including but not limited to an eviction action, the Leaseholder shall be responsible to pay the Landlord's hard costs in filing any such claim, including but not iimited to court fees, service fees, writ fees, and sheriff fees, plus attorneys' fees up to $1,500.00. 15. Notices. Unless otherwise provided bylaw, any and all notices to be delivered to Leaseholder pursuant to this Lease or otherwise shall be deemed delivered and received by Leaseholder when slid under the Apartment door, taped to the Apartment door, handed to any Leaseholder, emailed to any Leaseholder, texted to any Leaseholder, or mailed to any Leaseholder at the Apartment address by US. Mail or Certified Mail or mailed to any forwarding address provided by Leaseholder. Leaseholder shall provide and always maintain an updated email address and phone number with Landlord. Leaseholder shall also provide an emergency contact including name, address, email, and phone number to Landlord. 16. Renters insurance. The Landlord's property and liability insurance does not protect Leasehoiders, Occupants or Guests against any loss or damage to personal Property from any cause or cover any liability for loss or damage caused by Leasehoider's actions or . CENTERSPACE Lease Agreement 10014023 < , ".3 Page a of 24 Document digitally signed using RENTCafe cSignature services. Document $0: "43238 86-CV-24-3357 Filed in District Court State of Minnesota 6/25/2024 9:10 AM those of any Occupants or Guests. Leaseholder is liable to the Landlord and others for loss or damage caused by Leaseholder's actions or those of any Occupants or Guests. Leaseholder agrees to maintain, at Leaseholder's soie expense, during the Term of the Lease and any subsequent Leases, including month-to-month terms, a Renters ln5urance policy satisfying ail requirements set forth in this Section and Leaseholder agrees to provide accurate and current evidence of such Renters insurance to Landlord. Leaseholder understands and agrees that Landlord may have a third-party assist Landlord in obtaining, reviewing, and performing certain Landlord evidence of the Renters insurance. To ensure minimum protection against any such liability, Leaseholders are required to maintain an insurance policy with (a) an insurance company acceptable to Landlord, (b) minimum coverage of $100,000 in personal liability insurance coverage, (c) inclusion of coverage for all Community damage and/or any bodily harm arising from or related to Leaseholder's or Occupants or Guests, (d) All ieasehoiders occupying the dwelling must be listed on the policy of record (e) "Additional interest" listed as: Centerspace, LLP, (f) policy change notifications delivered to the "Additional interest" party. if Leaseholder fails to provide valid and approved proof of Renters Insurance to Landlord, or fails to maintain a valid and approved Renters insurance policy, Leaseholder shalt pay to Landlord, on a monthiy basis or at any time no evidence of insurance is on file with the Landlord, a "Renters insurance Exemption/Non- Compliance Fee" defined above. The Exemption Fee is a flat, non-prorated amount and shaii be deemed to be additional Rent. The Exemption Fee is not insurance or a waiver of Leaseholder's liability for damages or injuries. Leaseholder acknowledges that Agents of Landlord are not insurance agents and cannot advise on this insurance requirement or where to obtain insurance. At Leaseholder's discretion and sole expense, Leasehoider may also purchase additional Renters insurance which covers Leaseholder's personal property and belongings. 17. Parking. Landlord has the right to regulate the time, manner, and place of parking of at! cars, trucks, motorcycles, bicycles, trailers, and recreational vehicles at the Community (collectively, "Vehicle"). Leaseholder has the right to use, in common with other Leasehoiders and guests, any unrestricted parking areas located at the Community. Landiord has the right to designate the parking areas of the Community as