Motion for Writ in Robert Hynes, Hynes Companies vs Shaun R. Johnson| Trellis.Law

On June 25, 2024 a Complaint-Civil Party: Plaintiff Hynes, Robert; Plaintiff Hynes Companies, LLC; Attorney ROACH, JOHN ELIJAH Index #1 was filed involving a dispute between Hynes Companies, Llc, Hynes, Robert, and Johnson, Shaun R., for Eviction (UD) in the District Court of Hennepin County.

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27-CV-HC-24-4216
Filed in District Court
State of Minnesota
6/25/2024 2:32 PM

See Instructions (HOU101) for help in filling out this form.
State of Minnesota District Court
County of: Hennepin Court File Number:
Judicial District: Fourth Case Type: Eviction

Plaintiff #1 (Landlord) Plaintiff #2 (Landlord)
Name: Robert Hynes Name: Hynes Companies
Address: 9366 Naber Ave. NE Address: 9366 Naber Ave. NE

City/State/Zip Otsego, MN 55330 City/State/Zip: Otsego, MN 55330

VS VS
Defendant #1 (Tenant) Defendant #2 (Tenant)
Name: Shaun R. Johnson Name:
Address: 616 3rd Ave NW Address:

City/State/Zip: Osseo, MN 55369 City/State/Zip:

EVICTION ACTION COMPLAINT (HOU102)
Minn. Stat. § 504B.321

PLEASE TAKE NOTICE: If financially unable to obtain counsel, the defendant has the right to a
court-appointed attorney in a public housing eviction case that alleges breach of lease under
Minn. Stat. § 504B.171 or § 504B.285
Check the box if the leased or rental property qualifies as public housing as term is used in
Minn. Stat. § 504B.268.
Check the box if the tenancy is affected by a federal or state housing subsidy program
through project-based federal assistance payments, the Section 8 program, as defined in
Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit program; or any other
similar program. Name of agency that administers the housing subsidy program:

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. Rental Agreement (Lease)
Landlord leased or rented the property located at:
Address: 616 3rd Ave. NW
Apartment #:
City, State, Zip: Osseo, MN 55369

Eviction Action Complaint
HOU102 State ENG Rev 1/24 - D www.mncourts.gov/forms Page 1 of 4
27-CV-HC-24-4216
Filed in District Court
State of Minnesota
6/25/2024 2:32 PM

County: Hennepin
Includes a garage Does not include a garage

The agreement for the property, beginning from May, 2022 (date), and
ending month to month (date), is an ORAL or WRITTEN
agreement and is for: (Check all that apply)

Payment of Rent. The current due and payable under this agreement each month
is $ 950.00 due on the 1st day of the month.
Exchange of Services. The agreement for exchange of services was: (explain in
detail)

Important! If there is a written agreement (lease), you must include the written
lease, or most recent written lease in existence, and any relevant lease
addenda, with this Complaint.

2. Notice of Right of Possession by Landlord for Residential Leases
Landlord having present right of possession of the residential property, has followed Minn.
Stat. § 504B.181 by: (You must check either A and B, or C)

a. Informing the Tenant, either in the rental agreement or otherwise, before the
beginning of the tenancy, the name and address of:
• The person authorized to manage the property; AND
• A landlord or agent authorize by the landlord to accept service of process
and receive and give receipt for notices and demands; AND

b. Posting in an obvious place on the property a printed or typewritten notice that
includes the information above. Explain where the notice is posted:

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 least 30 days
before the filing of this action, because:
Landlord provided tenant with the name and address of the person authorized to
manage the property and accept and give receipt for notices and demands at the
time of signing of the lease and again in notices provided to the tenant at least 30
days prior to the filing of this action.

3. Grounds for Eviction

Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 2 of 4
27-CV-HC-24-4216
Filed in District Court
State of Minnesota
6/25/2024 2:32 PM

Landlord seeks to have the Tenant evicted for the following reasons: (Check all that apply)

a. The Tenant is still in possession of the premises and has failed to pay rent for the
month(s) of in the amount of
$ per month, payable on the
day of each month, for a total due of $ .

For Residential Leases Only: A written notice pursuant to Minn. Stat.§ 504B.321
subd. 1(a) was served on Tenant (date), which was at
least 14 days before filing this eviction complaint. The written notice is attached.

b. The Tenant failed to vacate the property after written notice was given:
(check all that apply)

Landlord gave written notice to Tenant on 05/16/2024 (date)
to vacate the property by 05/24/2024 (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.

Tenant gave written notice to Landlord on 05/16/2024 (date)
that they would vacate the property by 05/24/2024 (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.

c. The Tenant has broken the terms of the rental agreement by the following: (Explain,
in detail)
• The specific clause of the agreement that was violated;
• The dates and description of what happened that violated the agreement; and
• Which section of the agreement gives the landlord the right to evict tenant for
breaking the terms of the rental agreement.

d. The Tenant has breached the covenants at stated in Minn. Stat. §504B.171 by:
(Explain, in detail, what happened including dates.)

e. The Tenant defaulted on the mortgage, and the property has been sold at a Sheriff's
sale. The Redemption period has expired, and Plaintiff is entitled to possession.

Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 3 of 4
27-CV-HC-24-4216
Filed in District Court
State of Minnesota
6/25/2024 2:32 PM

f. The Tenant defaulted on a Contract for Deed and is holding over after proper
cancellation 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. Military status for Tenant:
Tenant # 1 is in the military service is not in the military service Unknown
Tenant # 2 is in the military service is not in the military service Unknown
If a tenant is a business, leave this section blank for that tenant.

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

****Notice: A licensed attorney must sign the Complaint and appear in court on behalf of a
corporation or LLC. ****

Dated: June 26, 2024 /s/ John E. Roach
Signature
Ramsey County, Minnesota Name: John E. Roach
County and State where signed
Address: 1611 County Road B West, Suite 101
City/State/Zip: Roseville, MN 55113
Phone: (651) 468-2103
Email: john@ramlawmn.com

Eviction Action Complaint
HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 4 of 4
27-CV-HC-24-4216
Filed in District Court
State of Minnesota
6/25/2024 2:32 PM

Month to Month
Clau 5° 1' """ﬁﬁw'm °' L°"d'°'d " nd Tenant _
Each
This Agreement is entered into on M1112. 2022 between
_
("Tenant") and RQBERT HYNES ("Landlord ).
.

Tenant is jointly and severally liable for the payment of rent and performance of all other terms of this Agreement.

Clause 2. Identiﬁcation o f Premises , '

Subject to the terms and conditions in this Agreement. Landlord ren is to Tenant and Tenant rents from Landlord. for resrdentrai
.
..
purposes °"'Y~ the premises located at 616 3"" AVE NW. OSSEO. MN 55369. ('The premises ). together With the followrng
furnishings and appliances
REFRIGERATOR 8. STOVE. WINDOW AIR CONDITIONING Uﬂm
Rental or me premises also
MEL-an; includes.1P R IMO T T

Clause 3. Limits on Use and Occupancy
The premises are to be used only as a private residence for Tenantis) listed
in Clause of this Agreement. and the followrng mmo'
1

children: (14) this
OCCUDancy by guests for more than 5 DAYS is prohibited without Landlord's written consent and will be considered a breach of
Agreement
Clause 4. Term of the Tenancy
The term of the rental will begin on May 1" 20;; : Month to Month: lf Tenant vacates before the term ends, Tenant will be
liable for the balance of the rent for the remainder of the term.

Clause 5. Payment of Rent
Regular monthly rent.
Tenant will pay to Landlord a monthly rent of $350.00. payable in advance on the ﬁrst day of each month. except when that day
falls on a weekend or legal holiday, in which case rent is due on the next business day. Rent will be paid to HYNES COMPANIES
(at) 9366 NABER AVE. NE. OTSEGO. MN 55330 or at such other place as Landlord designates.
Delivery of payment.
Rent may be paid
X by mail. to HYNES COMPANIES (at) 9366 NABER AVE. NE. OTSEGO. MN 55330

X in person, at HYNES COMPANIES (at) 9366 NABER AVE. NE. OTSEGOLMN 55330
Forrn ofpayment.
Landlord will accept payment in these forms:

X personal check made payable to HYNES COMPANIES (at) 9366 NABER AVE, NE. OTSEGO. MN 55330
X cashier's check made payable to HYNES COMPANIES (at) 9366 NABER AVE, NE. OTSEGO. MN 55330

L cash HYNES COMPANIES (at) 9366 NABER AVE. NE. OTSEGO. MN 55330
Pro-rated ﬁrst month's rent.
For the period from Tenant's move-in date through the end of the month, Tenant will pay to Landlord the pro-rated monthly rent of
so . This amount will be paid on or before the date the Tenant moves in.
Clause 6. Late Charges
if Tenant fails to pay the rent in full before the end of the 5TH day after it's due, Tenant will pay Landlord a late charge of $0.00.
plus £20.00 for each additional day that the rent remains unpaid. Landlord does not waive the right to insist on payment of the rent
in full on the date it is due.

Clause 7. Returned Check and Other Bank Charges
if any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of
sufﬁcient funds, a "stop payment" or any other reason, Tenant will pay Landlord a returned check charge of §40.00.
Clause 8. Security Deposit
On signing this Agreement, Tenant will pay to Landlord the sum of "399.99 as a security deposit. Tenant may not. without
Landlord's prior written consent, apply this security deposit to the last month's rent or to any other sum due under this Agreement.
VWthin 14 DAYS after Tenant has vacated the premises, returned keys and provided Landlord with a forwarding address. Landlord
will give Tenant an itemized written statement of the reasons for, and the dollar amount of. any of the security deposit retained by
the Landlord, along with a check for any deposit balance.

Clause 9. Utilities
Te nant will pay all utility charges. except for the following, which will be paid by Landlord: Y GAS.
'NA FT
Clause 10. Assignment and Sublettlng
Tenant will not be allowed to sub lent this unit to a responsible tenant that will follow the lease agreement and will be enforced by
the tenant signing this lease agreement.
27-CV-HC-24-4216
Filed in District Court
State of Minnesota
6/25/2024 2:32 PM

. Maintenance Responsibllltlos
and m
sanitary 900d cond'tm" and. U000 terrnination oi the tenancy. return the premises to
.

'p the premises clean.
that which existed when Tenant took occupancy except for ordinary wear and tear. (2)
andition identical to
Landlord of an y detects 0' dangerous conditions I" and aborit the premises of which Tenant becomes aware. and
notify for the cost ot any repairs to the premises damaged by Tenant or Tenants guests
.se Landlord, on deman d by Landlord.
.ass invitees through misuse or neglect
.rt has examined the pram i565. including appliances.
ﬁxtures, carpets drapes and paint. and has found them to be in good.
except as noted in the Landlord/Tenant Checklist
e and clean condition and repair.

Clause 12. Repairs and Alterations by Tenant
a. Except as provided by law, as authorize d below or by the prior written consent of Landlord. Tenant will not
make any
repairs or alterations to the premises.
b. Tenant Will not. without Landlord's prior written consent. alter, reJrey or install any locks to the premises or install or alter any
or keys capable of unlocking all such rekeyed or new loris as well as
burglar alarm system Tenant will provide Landlord with a key
"listmctions on how to disarm any altered or new burglar alarm system

Clause 13. Violating Laws and Causing Disturbances
Tenant is entitled to quiet enjoyment of the premises, Tenant and guests or invitees will not use the premises or adjacent areas
in

such a way as to: (1) violate any law or ordinance. including laws prohibiting the use. possession or sale of illegal drugs '2; commit
waste (severe property damage), or (3) create a nuisance by annoying, disturbing. inconveniencing or interfering with the qwet
enjoyment and peace and quiet of any other tenant or nearby resident.

Clause 14. Pets
No animal. bird or other pet will be kept on the premises. except properly trained dogs needed by blind. deaf or disabled persons
and under the following conditions,
£0 PETS \MTHOUT WRITTEN OON§ENT BY IHE LANDLQBQ,
Clause 15. Landlord's Right to Access
Landlord or Landlord's agents may enter the premises in the event of an emergency, to make repairs or improvements or to show
the premises to prospective buyers or tenants. Landlord may also enter the premises to conduct an annual inspection to check for
court order. or where it is
safety or maintenance problems. Except in cases of emergency, Tenant's abandonment of the premises,
impracticable to do so. Landlord shall give Tenant 24 HOUR notice before entering.

Clause 16. Extended Absences by Tenant
Tenant will notify Landlord in advance if Tenant will be away from the premises for 5 or more consecutive days. During such
absence, Landlord enter the premises at times reasonably necessary to maintain the property and inspect for needed repairs.
may

Clause 17. Possession of the Premises
a. Tenant's failure to take possession.
if, after signing this Agreement, Tenant fails to take possession of the premises, Tenant will still be responsible
for paying rent and
complying with all other terms of this Agreement.
b. Landlord's failure to deliver possession.
lf Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including. but not
limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice
as required by law. ln such event. Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to
Landlord.

Clause 18. Tenant Rules and Regulations
A
(Tenant) acknowledge receipt of, and have read a copy of, tenant rules and regulations. which are labeled Attachment and
attached to and incorporated into this Agreement by this reference.

Clause 19. Payment of Court Costs and Attorney Fees in a Lawsuit
ln any action or legal proceeding to enforce any part of this Agreement, the Landlord SHALL recover reasonable attorney
fees, court costs and ﬁlling fee's.

Clause 20. Authority to Receive Legal Papers
The Landlord, any person managing the premises, and anyone designated by the Landlord are authorized to accept service of
process and receive other notices and demands, which may be delivered to:

x The Landlord, at the following address:
HYNES COMPANIES tat) 9366 NABER AVEI NE. O]§E§Q. MN 55330.

Clause 21. Additional Provisions
Additional provisions are as follows:
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