Motion for Writ in West River Road, LLLP vs Marquita Jackson and any other occupants| Trellis.Law

On June 25, 2024 a Complaint-Civil Party: Attorney GOLDFINE, MATTHEW DANIEL; Plaintiff West River Road, LLLP Index #1 was filed involving a dispute between West River Road, Lllp, and Jackson, Marquita, for Eviction (UD) in the District Court of Hennepin County.

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27-CV-HC-24-4206
Filed in District Court
State of Minnesota
6/25/2024 12:19 PM

State of Minnesota District Court
County of HENNEPIN Judicial District: FOURTH
Court File Number:
Case Type: Housing

West River Road, LLLP
Plaintiff (“Landlord”)
2035 West River Rd. N
Minneapolis, MN 55411
Address
vs. Eviction Action Complaint
(Minn. Stat. § 504B.321)
Marquita Jackson and any other occupants
Defendant(s) (“Tenant”)
2035 W River Rd. N. #328
Minneapolis, MN 55411
Address
______________________________________________________________________________

I, Nikolas D. Schaal, state upon oath/affirmation:

1. Landlord leased or rented to Tenant on December 15, 2023, by written agreement

the premises at: 2035 W River Road N. #328, in the City of Minneapolis, the State of Minnesota,

zip code 55411, in the County of Hennepin. The agreement was from December 15, 2023, to

November 30, 2024. The current rent due and payable under this agreement each month is

$1,308.00 due on the 1st day of the month.

2. The Landlord of the Premises is West River Road, LLLP.

3. Landlord having present right of possession of said property has complied with

Minn. Stat. § 504B.181 by:

a. Disclosing to the Tenant either in the rental agreement or otherwise in writing
prior to beginning of the tenancy the name and address of:
i. The person authorized to manage the property AND
ii. A landlord or agent authorized by the Landlord to accept service of process
and receive and give receipt for notices and demands, AND
b. Posted in a conspicuous place on the property a printed or typewritten notice
containing the above information, specifically the common area.
27-CV-HC-24-4206
Filed in District Court
State of Minnesota
6/25/2024 12:19 PM

4. Landlord seeks to have the Tenant evicted for the following reasons: the Tenant

remains in possession of the above premises and has failed to pay rent or other charges, for the

partial or full months of May 2024 due in the total amount of $1,537.64 as of May 7, 2024, as such

amount is further detailed in the attached Ledger. Past due rent and other charges will continue to

accrue from the date referenced in the attached Ledger. Landlord will seek judgment for restitution

of the premises based on all past due rent and charges owing as of the date of the eviction hearing.

5. The Landlord seeks judgment against the above Tenant for restitution of said

premises, plus costs and disbursements herein.

6. Notice was provided in accordance with the CARES ACT, Minneapolis Ordinance

No. 244.2060 and Minn. Stat. § 504B.321, subd. 1a.

7. The tenancy is affected by one or more of the following: 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 another

similar program. The applicable housing subsidy program of Section 42 is administered by the

Minneapolis Housing Finance Agency.

VERIFICATION AND AFFIDAVIT OF NON-MILITARY STATUS

I, Nikolas D. Schaal, 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; and that Defendant is not
now in the military service of the United States, to the best of my information and belief.

I declare under penalty of perjury that everything I have stated in this document is true and
correct. Minn. Stat. § 358.116.

BERNICK LIFSON, P.A.

Dated: June 25, 2024 /s/ Nikolas D. Schaal
Matthew D. Goldfine (#391149)
mgoldfine@bernicklifson.com
Malcolm P. Terry (#261117)
mterry@bernicklifson.com
27-CV-HC-24-4206
Filed in District Court
State of Minnesota
6/25/2024 12:19 PM

Nikolas D. Schaal (#396690)
nschaal@bernicklifson.com
600 Highway 169 South, Suite 1700
Minneapolis, Minnesota 55426
Telephone: (763) 546-5455
Facsimile: (763) 546-1003

ATTORNEYS FOR PLAINTIFF
27-CV-HC-24-4206
Filed in District Court
State of Minnesota
6/25/2024 12:19 PM
W APARTMENT LEASE CONTRACT
WI", "All!!!" ml"
December 15 , 2023 ~ML-cmw-nltlm
Date of Lease Contract:
(when the Lease Contact is ﬁlled out) This is a binding document. Read carefully before signing.

Moving In
General Information
1. PARTIES. This Lease Contract (sometimes referred to as the 3. LEASE TERM. The initial term of the Lease Contract begins on the
'lease'] is between you, the resident(s} [list all people signing the 15th day of December -2023 and ends at
Lease Contract]: 11:59 pm the ﬂ_t_h_ day of November M...-
Maxquita Jackson This Lease Contract will automatically renew month-to-month
unless either party gives at least___ days written notice of
termination or intent to move-out as orequired by paragraph 51
[Move-Out Notice} If the number of days 1sn 't filled in. at least 30
days notice is required.At least 15 days beforeth 1s lease automatically
renews, we will send you notice of automatic renewal as required
by statute.
4. RENT AND CHARGES. Unless the parties agree in writing
otherwise, you will pay 3 13 0 8. 0 O per month for rent,
payable' m advance and without demand:
El at the on-site manager's ofﬁce, or
a at our online payment site, or
at Electronic Money Order Location (WIPE:

[name of apartmentcommun1gl or title fielded. You' we agreed to rent Prorated rent ofS 717.29 due forthcremainder offcheck
Apartment No. at 28 2035WWRiver one]: lst month or [3 2nd month, on
Rd N
___________. Any additional expenses attributable to the online
(street address) in payment of rent will be disclosed to you by us.
Minneanolis (city).
M: A, 55411 [zip code) (the "apartment? or the Otherwise, you must pay your rent on or before the Ist day of each
month [due date] with no grace period. Cash is unacceptable without
"premises) for use as a private residence only. The terms "you" and
our prior written permission. You must not withhold or offset
"you r" refer to all residents listed above. The terms "we," "us.' and
"our" refer to the owner listed above (or any of owner's succasors' rent unless authorized by statute. We may, at our option, and upon
in interest or assigns). Written or electronic notice to or from our advance notice to you. require at any time that you pay all rent and
other sums in cash. certiﬁed or cashier's check, money order, or one
managers constitutes notice to or from us. If anyone else has
guaranteed performance of this Lease Contract, 3 separate Lease monthly check rather than multiple checks. At our discretion, we
Contract Guaranty for each guarantor is attached. may convert any and all checks via the Automated Clearing House
(ACH) system for the purposes of collecting payment. Rent is not
The person authorized to manage the apartment is: considered accepted if the payment/ACI-l is rejected, do es not cl ear,
American mt Services Central or is stopped for any reason. If you don't pay all rent on or before
thickd- day of the month, you'll pay a late charge. Your late
Name
2035 West River Rd. N charge will be (check one): D a flat rate of$ __1Cl_4_-_5_4_. or
L's 8 % of your total rent due. The total amount of your late
Street Address charges shall not exceed eight percent [8%) of your monthly rent
payment. You'll also pay a charge of $ for each
Minneapolis , MN 55411 returned check or rejected electronic payment, plus a late charge.
City, State, Zip Code If you don't pay rent on time, you'll be delinquent and all remedies
under this Lease Contract will be authorized. All paymentobligations
The owner or agent authorized to accept service of process and
receive and give receipts for notices is: under this Lease Contract shall constitute rent under this Lease
Contract.
West River Road, LLLP
Name 5. SECURITY DEPOSIT. Unless the parties otherwise agree in a
2035 West River Rd. N sepa late addendum document. the total security deposit at the time
of execution ofthis Lease Contract for all residents in the apartment
Street Address is $ 500.00 due on or before the date this Lease Contract
is signed.
Minneabolis. MN 55411
In compliance with Minnesota law, your security deposit will
City, State, Zip Code
bear simple interest. Interest will be included as part of the
2 OCCUPANTS. The apartment will be occupied only by you and security deposit. Within 21 days after termination ofyour residency
and receipt of your mailing address or written delivery instructions,
(list all other occupants notsigning the Lease Contract):
we will return the deposit to you, with interest, or furnish to you a
Travae Tucker, Jamana Collins written statement spe cifyingthe reasons forthe withholding of the
deposit or any portion thereof. You may not withhold payment of
any portion of any rent on the grounds that the security deposit
should serve as payment of the rent.

6. KEYS. You will be provided L apartment key(s), 1
mailbox key(s], 2 FOB[s], and/or other access
device(s) for access to the building and amenities at no additional
cost at move-in. If the key FOB, or other access device is lost or
becomes damaged during your tenancy or is not returned or is
returned damaged when you move out, you will be responsible for
the costs for the replacement and/or repair of the same.
No one else may occupy the apartment. Persons not listed above
7. UTILITIES. We'll pay for the foil owing item 5. if checked:
mu st not stay in the apartment for more than #coosecutive
days without our prior written consent, and no more than twice
water a gas D electricity D master antenna
that many days in any one month. If the previous space isn't filled m wastewater la trash D cable'l'v
in, two days per month is the limit. CI other
You'll pay for all other utilities, related deposits, and any charges,
fees, or services on such utilities. You must not allow utilities to be

© 2023, National Apartment Association. Inc. 4/2023, Minnesota
-
Page 1 of 8
27-CV-HC-24-4206
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State of Minnesota
Additional 1y, you are [the quired to purcha pe 6/25/2024 12:19 PM
disconnectedincluding disco: ,. .ion for not paying your bills-
until the lease term or renewal p'e'f'i'od ends. Cable channels that are liability insurance 119 not required to purchase pets I liability

provided may be changed during the lease term if the change applies insurance. if no box is checked, personal liability insurance is not
to all residents. Utilities may be used only for normal household required. lfrequired, failure to maintain personal liability insurance
purposes and must not be wasted. If your electricity is ever throughout your tenancy, including any renewal periods and/or
interrupted, you must use only battery-operated lighting. if any lease extensions, is an incurable breach of this Lease Contract and
utilities are submetered for the apartment, or prorated by an may result in the termination of tenancy and eviction and/or any
allocation formula,we will attach an addendum to this Lease Contract other remedies as provided by this Lease Contract or state law.
in compliance with state agency rules or city ordinance. Pursuant
to Minnesota Statute 5043.215 Subd. 2a. upon your request, we 9. LOCKS AND LATCHES. Keyed lock[s) will be rekeyed after the
shall providea copyofthe actual utility bill for the community along prior resident moves out'l'he rekeying will be done before you move
with each apportioned utility hill. into your apartment.
You may at any time ask us to change or rekey locks or latches during
8. lNSIIRANCE. We do not maintain insura ncc to cover your personal the Lease Term. We must comply with those requests, but you must
propertyorpersonal injury We are notresponsible to any resident, pay for them, unless otherwise provided by law.
guest, or occupant for damage or loss of personal property or
personal injury from [including but notlimited to] fire, smoke, rain, Payment for Rekeying, Repairs, Etc. You must pay for all repairs
or replacements to devices arising from the willful, malicious, or
ﬂood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions,
earth quake, interruption of util ities, theft, hurricane, negligence of irresponsible conduct by you or your occupants, or guests during
other residents, occupants, orinvited/uninvited guests orvandalism your occupancy. You may be required to pay in advance if we notify
unless otherwise required by law. you within a reasonable time after your request that you are more
than 30 days delinquent in reimbursing us for repairing or replacing
in addition, we urge all residents. and particularly those residing a device which was misused or damaged by you, your guest or an
in coastal areas, areas near rivers, and areas prone to ﬂooding, to
occupant; or if you have re quested that we repair or change or rekey
obtain flood insurance. Renter's insurance may not cover damage the same device during the 30 days preceding your request and we
to your property due to flooding. A ﬂood insurance resource which have complied with your request. Otherwise. you must pay
may be available includes the National Flood Insurance Program immediately after the work is completed.
managed by the Federal Emergency Management Agency (FEMA).
We E] require N do not require you to get your own insurance
for losses to your personal property or injuries due to theft, ﬁre,
water damage, pipe leaks and the like. if no box is checked. renter's
insurance is not required.

Special Provisions and "What If" Clauses
10. SPECIAL PROVISIONS. The following special provisions and any owns or uses] if you are judicially evicted or if you surrender or
adden da or written rules furnished to you at or before signing will abandon the apartment (see definitions in paragraph 56 (Deposit
become a part of this Lease Contract and will supersede any Return,Surrende1-, and Abandonmentj). We will store and care for
conﬂicting provisions of this printed lease form. property removed under this section. We may sell or otherwise
dispose of the property 28 days after you have abandoned the
apartment, and we may apply the proceeds of such sale to the
removal, care and storage costs and expenses according to state
statute. You will be notified of the sale at least 14 days prior to the
sale by personal service or written notice sent to your last known
address by certified mail.
See any additional special provisions. 14-.FAILING TO PAY FIRST MONTH'S RENT. If you don't pay the ﬁrst
month's rentwhen orhefore the Lease Contract begins, and subject
11. EARLY MOVE-OUT. You'll be liable to us for a reletting charge of
to our duty to mitigate our damages, we may end your right of
S 1308 . DO [not to exceed 100% of the highest monchh/ rent
occupancy and recover damages, future rent, reletting charges.
during the lease term} if you:
attorney's fees, court costs, and other lawful charges. Our rights
(1) fail to give written move-out notice as required in paragraph and remedies under paragraphs 11 (Early Move-Out) and 34 [Default
51 [Move-Out Notice); or by Resident) apply to acceleration under this paragraph.
(2) move out without paying rent in full for the entire lease term
or renewal period; or 15.RENT lNCREASl-ZS AND LEASE CONTRACT CHANGES. No rent
[3) move out at our demand because of your default. increases or Lease Contract changes are allowed before the initial
Lease Contract term ends, except for changes allowed by anyspecial
The reletting charge is not a cancellation fee and does not release you
provisions in paragraph 10 (Special Provisions), by a written
from your obligations under this Lease Contract. addendum or amendment signed by you and us, or by reasonable
Nata Release. The reletting charge is not a lease cancellation fee changes of apartm ent rules allowed under paxagraph 19 [Community
orbuyout fee. it is an agreed-to liquidated amount covering only part Policies or Rules]. lf, at least 5 days before the advance notice deadline
of our damages; that is, Our time, effort, and expense in finding and referred to in paragraph 3 (Lease Term), we give you written notice
processing a replacement. These damages are uncertain and difﬁcult of rent increases or lease changes effective when the lease term or
to ascertainparticularly those relatingto inconvenience, paperwork, reneural period ends, this Lease Contractwill automatically continue
advertising, showing apartments, utilities for showing, checking month-to-month with the increased rent or lease changes. The new
prospects, office overhead, marketing costs, and locator-servicefees. modiﬁed Lease Contract will begin on the date stated in the notice
You agree that the reletting charge is a reasonable estimate of such [without necessity of your signature) unless you give us written
damages and that the charge is due whether or not our reletting move- out notice under paragraph 51 (Move-Out Notice].
attempts succeed. If no amount is stipulated, you must pay our actual
reletting costs so far astheycan be determined. The reletting charge 16.DELAY 0F OCCUPANCY. If occupancy is or will be delayed for
does not release you from continued liability for: future or past-due construction, repairs, cleaning, or a previous resident's holding
rent, charges for cleaning. repairing. repainting, or unreturned keys; over, we're not responsible for the delay. The Lease Contract will
or other sums due. remain in force subject to: [1) abatement of rent on a daily basis
during delay; and (2) your right to terminate as set forth below.
12.nElMBURSEMENT. We agree to make the premises and all common Termination notice must be in writing. After termination, you are
areas fit for the use intended by the parties and to keep the premises entitled only to refund of deposit(s] and any rentpaid. Rent abatement
in a reasonable repair during the term ofthis Lease Contract. However, or lease termination does not apply if delay is for cleaning or repairs
you must promptly reimburse us for repairs due to the willful. that don't prevent you from occupying the apartment.
malicious, or irresponsible conductby you or your guests or occupants. if there is a delay and we haven't given notice of delay as set forth
We may require payment at any time, including advance payment of
immediately below, you may terminate up to the date when the
repairs for which you're liable. Delay in demanding sums you owe is
apartment is ready for occupancy, but not later.
not a waiver.
(1) If we give written notice to any of you when or after the initial
13. PROPERTY LEFT lN APARTMENT. Under Minnesota law, we may term as set forth in Paragraph 3 (Lease Term)-and the notice
remove and /or store all property remaining in the apartment or in states that occupancy has been delayed because of constructi on
' "'
- areas (in- g any vehicles you or any occupant or guest or a previous resident's holding over', and that the apartment

© 2023, Natio nal Apartment Association. inc. -
4/2023. Min nesota Page 2 of 8
27-CV-HC-24-4206
Filed in District Court
State of Minnesota
will be ready on a specitﬁ .eyou may terminate your weate charged afee, charg. ax, based upon youruse oroccupancy 6/25/2024 12:19 PM
tenancy Within 3 days ofyo ceiving the notice, but not later. of the apartment. we may ad'c'l'this charge as Additional Rent, during
the term ofthe Lease Contract, with thirty (3 0) days advance written
(2) If we give written notice to any of you before the initial term notice to you. After this written notice (the amount or approximate
as set forth in Paragraph 3 (Lease Term) and the notice states
amount ofthe charge, will be included), you agree to pay, as Additional
that construction delay is expected and that the apartment will
be ready foryou to occupy on a specific date, you may terminate Rent, the amount of the charge, tax or fee imposed upon us, as a
result of your occupancy. As examples, these charges can include,
your tenancy within 7 days after any of you receives written butare notlimited to: any charges we receive forany zoning violation.
notice, but not later, The readiness date is considered the new
initial term as set forth in Paragraph 3 (Lease Term) for all sound, noise or litter charge; any charge under any nuisance or
chronic nuisance type statute, 911 or other life safety], per person.
purposes. This new date may not be moved to an earlier date or per unit charge or taxand any utilitybill unpaid by you, which
unless we and you agree.
is then assessed to us for payment.
17.AD VALORJEM TAXES/FEESAND CHARGES ADDITIONAL RENT. -

18.DlSCI.OSURl-I RXGHTS. If someone requests information on you
Unless otherwise prohibited by law. if, during the term of this
or your rental history for law-enforcement. governmental, or
Agreement, any locality city, state, or Federal Government imposes business purposes, we may provide it.
upon Us, any fee, charge, or tax, which is related to or charged by
the number of occupants. Or by the apartment unit itself, such that

While You're Living in the Apartment
19.COMMUNITY POLICIES 0R RULES. You and all guests and 22.PARI(IN G. We may regulate the time, manner, and place of parki ng
occupants must comply with any written apartment rules and cars, trucks, motorcycles, bicycles,boats, trailers, and recreational
community policies, including instructions for care of our prop ertyl. vehicles by anyone. We may have unauthorized or illegally parked
To the extent they are not in consistent with this Lease Contract or vehicles towed und er an appropriate statute. Avehicle is unauthorized
Minnesota law, our rules are considered part of this Lease Contract. or illegally parked in the apartment community if it:
Upon advance notice and compliance with Minnesota law, we may (1) has a ﬂat tire or other condition rendering it inoperable; or
make reasonable changes to the said written rules.
(2) is on jacks, blocks or has wheelfs) missing; or
20.l.lMlTATlONS 0N CONDUCT. The apartment and other areas (3] has no current license plate or no current registration and/or
reserved for your private use must be kept clean and free of trash, inspection sticker; or
(4) takes up more than one parking space; or
garbage, and other debris. 'I'rash must be disposed of at least weekly
in appropriate receptacles in accordance with local ordinances. (5) belongs to a resident or occupant who has surrendered or
abandoned the apartment; or
Passageways may be used only for entry or exit. You agree to keep
all passageways and common areas free of obstructions such as [6) is parked in a marked handicap space without the legally
required handicap insignia: or
trash, storage items, and all forms of personal property. No person
shall ride or allow bikes, skateboards, or other similar objects in [7) is parked in space marked for manager. staff. or guest at the
ofﬁce; or
the passageways.Any swimming pools, saunas. spas, tanning beds,
exercise rooms, storerooms, laundry rooms, and similar areas must [8) blocks another vehicle from exiting; or
be used with care in accordance with apartment rules and posted (9) is parked in a fire lane or designated "no parking" area: or
[10) is parked in a space marked for other resident(s) or unit[s]: or
signs. Glass containers are prohibited in all common areas. You,
(11) is parked on the grass, sidewalk. or patioz or
your occupants, or guests may not anywhere in the apartment
(12) blocks garbage trucks from access to a dumpster; or
community: use candles oruse kerosene lamps or kerosene heaters
without our prior Written approval; cook on balconies or outside; (13) belongs to a resident and is parked in a visitor or retail parking
space.
or solicitbusiness orcontributions. Conducting any kind of business
(including child care services) in your aparhnent or in the apartment 23.R£LEASE OF RESlDENT. Unless you're entitled to terminate your
community is prohibitedexcept that any lawful business conducted tenancy under paragraphs 10 [Special Provisions), 16 [Delay of
"at home" by computer, mail, or telephone is permissible if customers,
Occupancy),32 (Responsibilities of Owner), 44 {Right of Victims of
clients, patients, or other business associates do not come to your DomesticAbuse to Terminate Tenancy), or 52 [Move-Out Procedures);
aparment for business purposes. We may regulate: [1) the use of or unless, upon your death, your personal representative gives
patios, balconies,and porches; (2) the conduct of furniture movers statutory notice pursuant to paragraph 43 (Termination of Lease
and delivery persons; and (3) recreational activities in common
Upon Death of Resident). you or your heirs won't be released from
areas. You'll be liable to us fordamage caused by you or any guests this Lease Contract for any reason including, but not limited to,
or occupants.
voluntary or involuntary school withdrawal or transfer, voluntary
We may exclude from the apartment community guests or others or involuntary job transfer, marriage, separation, divorce,
who, in our judgment, have been violating the law, violating this reconciliation, loss of co-residenis, loss of employment or bad health.
Lease Contract or any apartment rules, or disturbing other residents.
neighbors.visitors, or owner representatives. We may also exclude
24.MII.ITARY PERSONNEL CLAUSE. All parties to this Lease Contract
from any outside area or common area a person who refuses to agree to comply with any federal law, including, but not limited to
show photo identiﬁcation or refuses to identify himself or herself the Service Memb er's Civil Relief Act, or any applicable state law [5),
as a resident, occupant, or guest of a specific resident in the ifyou are seekingto terminate this Lease Contract and/orsubsequent
renewals an d/or Lease Contract extensions under the rights granted
community.
by such laws.
You agree to notify us if you or any occupants are convicted of any
felony; or misdemeanor involving a controlled substance, violence 25. RESIDENTSAFETY AND PROPERTY LOSS. You and all occupants
to another person or destruction of property. You also agree to and guests must exercise due care for your own and others' safety
notify us if you or any occupant registers as a sex offender in any and security especially in the use of smoke detectors, carbon monoxide
state. Informing us of criminal convictions or sex offender registry detectors, keyed deadbolt locks, keyless bolting devices, window
does not waive our right to evict you. latches, and access control devices.

21.?ROHIBITED CONDUCT. You. your occupants or guests. or the Smoke Detectors/Carbon Monoxide Detectors. We'll furnish
smoke deteaors and carbon monoxide detectors only if required by
guests of any occupants, may not engage in the following activities:
statute, and we'll testthem and provide working batteries when you
behaving in a loud or obnoxious manner: disturbing or threatening
the rights, comfort, health, safety, or convenience of others (including first take possession. After that. you must test the smoke detectors
our agents and employees) in or near the apartment community; and the carbon monoxide detectors on a regular basis, and pay for
and replace batteries as needed, unless the law provida otherwise.
disrupting our business operations; manufacturing, delivering,
We may replace dead or missing batteries at your expense, without
possessingwith intentto deliver, or otherwise possessinga controlled
substance or drug paraphernalia; engaging in or threatening prior notice to you. You must immediately report smoke-detector
malfunctions to us. Neither you nor others may disable neither the
violence; possasingaweapon prohibited by state law; discharging
a fireann in the apartment community; displaying or possessing a smoke detectors nor the carbon monoxide detectors. If you damage
or disable the smoke detector or carbon monoxide detector; orremove
gun, knife, or other weapon in the common area in a way that may
alarm others; storing anything in closets having gas appliances; a battery without replacing it with a working battery, you may be
liable to us under state statute for $100 plus one month's rent, actual
tampering with utilities or telecommunications; bringing hazardous
materials into the apartment community; or injuring ourreputation damages, and attorney's fees. If you disable or damage the smoke
detector or carbon monoxide detector. or fail to replace a dead battery
by making bad faith allegations against us to others.
or report malfunctions to us, you will be liable to us and others for
any loss, damage, or fines from fire, smoke, or water.
9 2023. National Apartment Association, inc. -
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27-CV-HC-24-4206
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Casualty Loss. We're notliabll__ _.1y resident. guest,
or accupant utility costs. We may tun equipment and interrupt utilities as
__

needed to avoid property "damage or to perform work. if utilities
forpersanal injury or damage or 135's of p ersonal property from any
cause, including but not limited to: fire, smoke, rain, ﬂood, water malfunction or are damaged by ﬁre. water. or similar cause, you
and pipe leaks, hail, ice, snow, lightningwind, explosions, earthquake, must notify our representative immediately. Air conditioning
interruption of utilities, theft, or vandalism unless otherwise problems are not emergencies.lf air conditioning or other equipment
malfunctions, you must notify our representative as soon as possible
required bylaw. We have no duty to remove any ice, sleet, or snow
on a business day. We'll actwith customary diligence to make repairs
butmay remove any amountwith orwithout notice. During freezing
weathei', you must ensure th at the temperature in the apartment is and reconnections. Rent will not abate in whole or in part.
sufﬁcient to make sure that the pipes do not freeze (the appropriate lfwe believe that fire or catastrophic damage is substantial, orthat
temperature will depend upon weather conditions and the
size and
performance of needed repairs poses a danger to you, we may
layout of yourunit). lf the pipes freeze or anyother damage
is caused terminate your tenancy within a reasonable time by giving you
by your failure to properly maintain the heat in your apartment, written notice. lfyour tenancy is so terminated. we'll refund prorated
you'll be liable for damage to our and othei's property. lf you
ask rent and all deposits, less lawful deductions.
our representatives to perform services not contemplated in this
Lease Contract, you will indemnify us and hold us harmless from "ANIMALS. Unless otherwise provided under federal, state, or
all liability for these services. local law, no animals (including mammals, reptiles, birds, fish,
rodents, and insects) are allowed, even temporarily, anywhere in
Crime or Emergency. Dial 911 or immediately call local medical
the apartment or apartment Community unlesswe've so authorized
emergency, ﬁre, or police personnel in case of accident, fire,
sm eke,
in writing. You must remove an illegal or unauthorized animalwithin
or suspected criminal activity, or other emergency involving
24 hours of notice from us, or you will be considered in default of
imminent harm. You should then contact our representative. We're
this Lease Contract. lf we allow an animal as a pet, you must execute
not obliged to furnish security personnel, securitylighting, security
a separate animal addendum which may require additional dep osits.
gates or fences, or other forms of security. If we provide any
access
control devices or security measures upon the property they are rents, fees or other charges.We will authorize an assistance animal
for a disabled person. When allowed by applicable laws, before we
not a guarantee to prevent crime or to reduce the risk of crime on
authorize an assistance animal, if the disability is not readily
the prop erty. You agree that no access control or security measures
can eliminate all crime and thatyou will not relyupon any provided apparent, we may require a written statement from a qualified
access control or secur

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Document for West River Road, LLLP vs Marquita Jackson and any other occupants

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Document for West River Road, LLLP vs Marquita Jackson and any other occupants

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