Preview
02-CV-24-3613
Filed in District Court
State of Minnesota
6/26/2024 10:23 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF ANOKA TENTH JUDICIAL DISTRICT
PC Cielo, LLC Case Type: Housing/UD
Court File No.
Plaintiff,
VS. EVICTION ACTION COMPLAINT
Damajah Jones, (DOB: Unknown)
Defendant(s).
Plaintiff PC Cielo, LLC, a Delaware limited liability company (“Landlord”) as and
for its Eviction Action Complaint against Defendant Damajah Jones (“Tenant”), states
and alleges as follows:
1 Landlord is a Delaware limited liability company with a registered address
of 6609 Cherokee Lane North, Brooklyn Park, MN 55428.
2. Tenant is an individual with an unknown date of birth.
3 Landlord is the owner of real property located at 6051 University Ave NE,
Apt. 427, Fridley, MN 55432 (the “Property”).
4 The Property is improved with a multifamily residential building.
5 Landlord and Tenant entered into a written lease dated March 20, 2024 (the
“Lease”) for apartment 427 of the Property and a garage unit (hereinafter the “Premises”).
6. A copy of the Lease is attached hereto as Exhibit A.
02-CV-24-3613
Filed in District Court
State of Minnesota
6/26/2024 10:23 AM
Tenant is presently in possession of the Premises.
Pursuant to the Lease, Tenant is obligated to pay rent on the first of each
month.
Tenant’s monthly rent is $1,819.00.
10. Tenant is also obligated to pay utilities such as gas, sewer, trash, and water
to Landlord on a monthly basis.
11. In the event Tenant fails to make a timely payment, the Lease provides
Landlord may charge a late fee of 8% of the base monthly rent.
12. Tenant has regularly failed to pay full rent owed starting June 1, 2024, and
continuing through the date of this Complaint.
13. Tenant has also accrued late fees pursuant to the Lease, such late fees not
more than 8% of the base rent owed.
14. Tenant currently owes a balance $2,506.17 in unpaid rent, utilities, and late
fees.
15. A true and correct copy of a ledger showing the balance owed is attached
hereto as Exhibit B.
16. Tenants were provided with a notice to pay or vacate, a true and correct
copy of which is attached hereto as Exhibit C.
17. The tenancy at issue in this case is not affected by a federal or state housing
subsidy program through project-based federal assistance payments; the Section 8
02-CV-24-3613
Filed in District Court
State of Minnesota
6/26/2024 10:23 AM
program, as defined in Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit
program; or any other similar program.
18. Landlord is entitled to possession of the Premises pursuant to Minn. Stat.
§§ 504B.291, 504B.285, and/or 504B.301.
19. Upon information and belief, Tenants are not now in the military service of
the United States and this Complaint is made in compliance with the Soldiers’ and
Sailors’ Civil Relief Act of 1940.
20. Landlord, having present right of possession of the Premises, has complied
with Minnesota Statutes Section 504B.181 by disclosing to Tenant in the written lease
prior to commencement of the tenancy (1) the name and address of the person authorized
to manage the Property, (2) the name and address of Landlord’s authorized agent to
receive and give receipts for notices and demands, and (3) the name and address of
Landlord for purposes of service of process. Tenant was aware of the aforementioned
information more than 30 days prior to the filing of the instant action because it was
disclosed to Tenant by Landlord.
WHEREFORE, Landlord requests relief from the Court as follows:
1 Issuance of an immediate Writ of Recovery for the Premises;
2 Ordering Tenants to vacate the Premises; and
3. For such other and further relief as the Court deems just and equitable.
02-CV-24-3613
Filed in District Court
State of Minnesota
6/26/2024 10:23 AM
CHESTNUT CAMBRONNE PA
Dated: June 26, 2024 By /s/ Emeric J. Dwyer
Emeric J. Dwyer (#0389471)
100 Washington Avenue South, Suite 1700
Minneapolis, Minnesota 55401
Telephone No. (612) 339-7300
Email: edwyer@chestnutcambronne.com
Attorney
for Landlord
ACKNOWLEDGMENT
Plaintiff, through its undersigned attorney, hereby acknowledge that costs,
disbursements, and reasonable attorney and witness fees may be awarded pursuant to
Minnesota Statutes Section 549.211 to the party against whom the allegations in this
pleading are asserted.
Dated: June 26, 2024 's/ Emeric J. Dwyer
Emeric J. Dwyer
02-CV-24-3613
Filed in District Court
State of Minnesota
6/26/2024 10:23 AM
EXHIBIT A
02-CV-24-3613
Filed in District Court
State of Minnesota
APARTMENT LEASE CONTRACT 6/26/2024 10:23 AM
Date of Lease Contract: March 20, 2024
TONAL APARTMENT om
a ASSOCIA
(when the Lease Contract 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 Cont act begins on
“lease") is between you, the resident(s) (list
all people signing the the 22nd day of March 2024 and ends
Lease Contract): at 11:59 pm the_14th dayof February 2025
Damajah Jones 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 required by paragraph 51
(Move-Out Notice). If the number of days isn’t filled in, at least
30 days notice is required. At least 15 days before this 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 $ 181 per month for rent,
payable in advance and without demand:
a at the on-site manager's office, or
and us the owner: PC Cielo LLC DRE of Peak Aries a at our online payment site, or
2021 LP a atMoney orders and Cash are not
acceptable. Acceptable payment methods:
walk-in payment system (WIPS), personal
or cashier’s check.
(name of apartment community or title holder). You've ‘agreed to Disclosure is also made that you will be responsible for payment
rent ApartmentNo. at of the following non-optional fees:
University Ave NE Apt 427
(street address) in
Fridley (city),
Minnesota, 55432 (ip code) (the “apartment”
or the “premise: ) for use as a private residence only. The terms As such, the Total Monthly Payment will be $
“you” and “your refer to all residents listed above. The terms
“we, and “our refi to the owner listed above (or any of Prorated rent of $ 586.77 is due for the remainder of [check
owner's successors’ in interest or assigns). Written or electronic one}: Q 1st month or Q) 2nd month, on March
notice to or from our managers constitutes notice to or from us. If 2024 . Any additional expenses attributable to the online
anyone else has guaranteed performance of this Lease Contract, a payment of rent will be disclosed to you by us.
separate Lease Contract Guaranty for each guarantor is attached. If the lease term ends on a date before the last day of the final
‘The person authorized to manage the apartment i month, the amount of rent to be paid for the final month owed will
be prorated at the average daily rate for that month.
Community Manager
Name Prorated rent of § is due for the remainder of last
month, if applicable, on .
5951 University Ave NE
Otherwise, you must pay your rent on or before the Ist day of
Street Address each month (due date) with no grace period. Cash is unacceptable
without our prior written permission. Unless authorized
Fridley, MN 55432 by Minnesota law, you agree that rent will not be offset or
City, State, Zip Code withheld. We may, at our option, and upon advance notice to
The owner or agent authorized to accept service of process and you, require at any time that you pay all rent and other sums in
receive and give receipts for notices is: cash, certified or cashi ’s check, money order, or one monthly
Peak Living check rather than multiple checks. At ou discretion, we may
convert any and all checks via the Automated Clearing House
Name (ACH) system for the purposes of collecting payment. Rent is
6051 University Ave NE not considered accepted if the payment/ACH is rejected, does
not clear, is stopped for any reason. If you don’t pay all rent
Street Address on or before the Sth day of the month, you'll pay a late
Fridley, MN 55432 charge. Your late charge will be (check one): Qa flat rate of
City, State, Zip Code or@)_8.0 % of your total rent due. The
total amount of your late charges shall not exceed eight percent
OCCUPANTS. The apartment will be occupied only by you and (8%) of your monthly rent payment. You'll also pay a charge of
(list all other occupants not signing the Lease Contract): $ 30.00 fi reach returned check or rejected electronic
payment, plus a late charge. If you don’t pay rent on time, you'll
be delinquent and all remedies under this Lease Contract will be
authorized. All payment obligations under this Lease Contract
shall constitute rent under this Lease Contract.
5. SECURITY DEPOSIT. Unless the parties otherwise agree in a
separate addendum document, the total security deposit at the
time of execution of this Lease Contract for all esidents in the
apartment is $ 450.00 due on or before the date this
Lease Contractis signed.
In compliance with Minnesota law, your security deposit
will bear simple interest. Interest will be included as part of
the security deposit. Within 21 days after termination of your
No one else may occupy the apartment. Persons not listed above residency and receipt of your mailing address or written delivery
must not stay in the apartment for more than. 7 instructions, we will return the deposit to you, with interest, or
consecutive days without our prior written consent, and no more furnish to you a written statement specifying the ‘asons for the
than twice that many days in any one month. Ifthe previous space withholding of the deposit or any portion thereof. You may not
isn't filled in, two days per month is the limit. withhold payment of any portion of any rent on the grounds that
the security deposit should serve as payment of the rent.
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02-CV-24-3613
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1 apartment key(s), _ 1. State of Minnesota
6. KEYS. You will be provided In addition, we urge all residents, and particularly those re:
mailbox key(s), 1 FOB(3), andi other access in coastal areas, areas near rivers, and areas prone to flooding, to 6/26/2024 10:23 AM
devices) for access to the building and amenities at no additional obtain flood insurance. Rente! insurance may not cover damage
cost at movi . If the key, FOB, or other access device is lost or toyour property due to flooding.A flood insurance resource which
becomes damaged during your tenancy or is not returned or is may be available includes the National Flood Insurance Program
returned damaged when you move out, you will be responsible for managed by the Federal Emergency Management Agency (FEMA).
the costs for the replacement and/or repair of the same. We &) require () do not require you to get your
own insurance
UTILITIES. We'll pay for the follo ig items, if checked: for losses to your personal property or injuries due to theft, fire,
Q water gas Q electricity () masterantenna water lamage, pipe leaks and the like. Ifno boxis checked, renter's
Q wastewater Q trash Q cable TV insurance is not requi d.
Q other Additionally, you are [check one] @ required to purchase
You'll pay for all other utilities, related deposits, and any charges, personal liability insurance () not required to purchase
fees, or services on such utilities. You must not allow utilities to be personal lial lity insurance. If no box is checked, personal
disconnected—including disconnection for notpayingyour bills— liability insuranceis not required. If required,failure to maintain
until the lease term or renewal period ends. Cable channels that personal liability insurance throughout your tenancy, including
are provided may be changed during the lease term if the change any renewal periods and/or lease extensions, is an curable
apl 's to all esidents. Ut ‘ies may be used only for normal breach of this Lease Contract and may result in the ter ination
household purposes and must not be wasted. If your electricity of tenancy and eviction and/or any other remedies as provided by
is ever interrupted, you must use only battery-operated lighting. this Lease Contract or state law.
If any utilities are submetered for the apartment, or prorated by 9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the
an allocation formula, we will attach an addendum to this Lease prior resident moves out. The rekeying will be done before you
Contract in compliance with state agency rules or city ordinance. move into your apartment.
Pursuant to Minnesota Statute 504B.215 Subd. 2a. upon your
request, we shall provide a copy of the actual uti ry bill for the You may at any time ask us to change or rekey locks or latches
community along with each apportioned utility during the Lease Term. We must comply with those requests, but
you must pay for them, unless other ise provided by law.
INSURANCE. We do not maintain insurance to cover your Payment for Rekeying, Repairs, Etc. You must pay forall repairs
personal property or personal injury. We are not responsible to or replacements to devices arising from the willful, malicious, or
any resident, guest, or occupant for damage or loss of personal irresponsible conduct by you or your occupants, or guests during
property or personal injury from (including but not limited your occupancy. You may be required to pay in advance if we
to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, notify you within a reasonable time after your request that you
lightning, wind, explosions, earthquake, interruption of ut ies, are more than 30 days delinquent in reimbursing us for repairing
theft, hurricane, negligence of other residents, occupants, or or replacing a device which was misused or damaged by you, your
invited/uninvited guests or vandalism unless otherwise required guest or an occupant; or if you have requested that we repairor
by law. change or rekey the same device du ig the 30 days preceding
your request and we have complied with your request. Otherwise,
you must pay immediately after the work is completed.
Special Provisions and “What If” Clauses
10. SPECIAL PROVISIONS. The following special provisions and any due to the willful, malicious, or irresponsible conduct by you or
addenda or written rules furnished to you at or before signing your guests or occupants. We may require payment at any time,
will becomea p rt of this Lease Contract and will supersede any including advance payment of repairs for which you're liable.
conflicting provisions of this printed lease form, Delay in demanding sums you owe is not a waiver.
Post-dated or third-party payments will 13. PROPERTY LEFT IN APARTMENT. Under Minnesota law,
not be accepted. we may remove and/or store all property remaining in the
apartment or in common areas (including any vehicles you or
any occupant or guest owns or uses) if you are judicially evicted
or if you surrender or abandon the apartment (see definitions in
paragraph 56 (Deposit Return,Surrender, and Abandonment).
See any additional special provisions. We will store and care for property removed under this section.
11. EARLY MOVE-OUT. You'll be liable to us for letting charge of We may sell or otherwise dispose of the property 28 days after you
(not to exceed 100% of the highest monthly rent have abandoned the apartment, and we may apply the proceeds
during the lease term) if you: 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
(1) fail to give written move-out notice as required in paragraph 14 days prior to the sale by personal service or written notice sent
51 (Move-Out Notice); or to your last known address by certified mail.
(2) move out without paying rent in full for the entire lease term
or renewal pei dor 14. FAILING TO PAY FIRST MONTH’S RENT. If you don’t pay the
(3) move out at our demand because of your default. first month's rent when or before the Lease Contract begins, and
The reletting charge is not a cancellation fee and does not release subject to our duty to mitigate our damages, we may end your
you from your obligations under this Lease Contract. right of occupancy and recover damages, future rent, reletting
charges, attorney's fees, court costs, and other lawful chi rges.
Nota Release. The reletting charge is nota lease cancellation fee Our rights and remedies under paragraphs 11 (Early Move-Out)
or buyout fee. It is an agreed-to liquidated amount covering only and 34 (Default by Resident) apply to acceleration under this
part of our damages; that is, our time, effort, and expense in finding paragraph.
and processing a replacement. These damages are uncertain and
difficult to ascertain—particularly those relatingto inconvenience, 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent
paperwork, advertising, showing apartments, utilities for showing, \creases or Lease Contract changes are allowed before the
checking prospects, office overhead, marketing costs, and locator- initial Lease Contract term ends, except for changes allowed by
service fees. You agree that the reletting charge is a reasonable any special provisions in paragraph 10 (Special Provisions), by
estimate of such damages and that the charge is due whether or not a written addendum or amendment signed by you and us, or by
our reletting attempts succeed. Ifno amount ipulated,you must reasonable changes of apartment rules allowed under paragraph
pay our actual reletting costs so far as they can be determined. The 19 (Community Poli ies or Rules). If, at least 5 days before the
reletting charge does not release you from continued liabi for: advance notice deadline referred to in paragraph 3 (Lease Term),
future or past-due rent; charges for cleaning, repairing, repainting, we give you written notice of rent increases or lease changes
or unreturned keys; or other sums due. effective when the lease term or renewal period ends, this Lease
Contract will automatically continue month-to-month with the
12. REIMBURSEMENT. We agree to make the premises and all increased rent or lease changes. The new modified Lease Contract
common areas fit for the use intended by the parties and to keep will begin on the date stated in the notice (without necessity of
the premises in a reasonable repair during the term of this Lease your signature) unless you give us written move- out notice under
Contract. However, you must promptly reimburse us for repairs paragraph 51 (Move-Out Notice).
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02-CV-24-3613
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16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for receives written notice, but not later. The readiness date is
construction, repairs, cleaning, or a previous resident's holding considered the new initial term as set forth in Paragraph 6/26/2024 10:23 AM
over, we're not responsible for the delay. The Lease Contract 3 (Lease Term) for all purposes. This new date may not be
will remain in force subject to: (1) abatement of rent on a daily moved to an earlier date unless we and you agree.
basis during delay; and (2) your right to terminate as set forth
below. Termination notice must be in writing. After termination, 17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL
you are entitled only to refund of deposit(s) and any rent paid. RENT. Unless otherwise prohibited by law, if, during the term of
Rent abatement or lease termination does not apply if delay is this Agreement, any locality, city, state, or Federal Government
for cleaning or repairs that don’t prevent you from occupying the imposes upon Us, any fee, charge, or tax, which is related to or
apartment. charged by the number of occupants, or by the apartment unit
Ifthere is a delay and we haven't given notice of delay as set forth itself, such that we are charged a fee, charge, or tax, based upon
immediately below, you may terminate up to the date when the your use or occupancy of the apartment, we may add this charge
apartment is ready for occupancy, but not later. as Additional Rent, during the term of the Lease Contract, with
thirty (30) days advance written notice to you. After this written
(1) If we give written notice to any of you when or after the notice (the amount or approximate amount of the charge, will be
itial term as set forth in Paragraph 3 (Lease Term)—and included), you agree to pay, as Additional Rent, the amount of the
the notice states that occupancy has been delayed because charge, tax or fee imposed upon us, as a result of your occupancy.
of construction or a previous re: jent’s holding over, and As examples, these charges can include, but are not limited to: any
that the apartment will be ready on a specific date—you may charges we receive for any zo! 1g violation, sound, noise or er
terminate your tenancy within 3 days of your recei ing the charge; any charge under any nuisance or chronic nuisance type
notice, but not later. statute, 911 or other life safety, per person, or per unit charge or
(2) If we give written notice to any of you before the initial term tax and any utility bill unpaid by you, which is then assessed to us
as set forth in Paragraph 3 (Lease Term) and the notice states for payment.
that construction delay is expected and that the apartment 18. DISCLOSURE RIGHTS. We will only disclose information
will be ready for you to occupy on a specific date, you may concerning you or your rental history if authorized by applicable
terminate your tenancy within 7 days after any of you law.
While You're Living in the Apartment
19. COMMUNITY POLICIES OR RULES. You and all guests and of the landlord (including our agents and employees) or other
occupants must comply with any written apartment rules tenants and their guests in or near the apartment community;
and community policies, including instructions for care of our disrupting our business operations; manufacturing, delivering,
property. To the extent they are not incon: ‘ent with this Lease possessing with intent to deliver, or otherwise possessing a
Contract or Minnesota law, our rules are considered part of controlled substance or drug paraphernalia; engaging in or
this Lease Contract. Upon advance notice and compliance with threatening violence; possessinga weapon prohibitedby state law;
Minnesota law, we may make reasonable changes to the said discharging a firearm in the apartment community; displayingor
written rules. possessing a gun, knife, or other weapon in the common area in
a way that may alarm others; storing anything in closets having
20. LIMITATIONS ON CONDUCT. The apartment and other areas gas appliances; tampering with utilities or telecommunications;
reserved for your private use must be kept clean and free of bringing hazardous materials into the apartment community; or
trash, garbage, and other debris. Trash must be disposed of at inj \g our reputation by making bad faith allegations against
least weekly in appropriate receptacles in accordance with local us to others.
ordinances. Passageways may be used only for entry or exit.
You agree to keep all passageways and common areas free of 22. PARKING. We may regulate the time, manner, and place of
obstructions such astrash, storage items, andall forms of personal parking cars, trucks, motorcycles, bicycles, boats, trailers, and
property. No person shall ride or allow bikes, skateboards, or recreational vehicles by anyone. We may have unauthorized or
other imilar objects in the passageways. Any swimming pools, illegally parked vehicles towed under an appropriate statute.
saunas, spas, tanning beds, exercise rooms, storerooms, laundry A vehicle is unauthorized or illegally parked in the apartment
rooms, and similar areas must be used with care in accordance community
ifit:
with apartment rules and posted signs. Glass containers are (1) has a flat tire or other condition renderingit inoperable; or
prohibited in all common areas. You, your occupants, or guests (2) is on jacks, blocks or has wheel(s) missing;or
may not anywhere in the apartment community: use candles or (3) has no current license plate or no current registration and/or
use kerosene lamps or kerosene heaters without our prior written inspection sticker; or
approval; cook on balconies or outside; or solicit business or (4) takes up more than one parking space; or
contributions. Conducting any kind of bu: ess (inclu: ig child (5) belongs to a resident or occupant who has surrendered or
care services) in your apartment or in the apartment community abandoned the apartment; or
is prohibited—except that any lawful business conducted “at (6) is parked in a marked handicap space without the legally
home" by computer, mail, or telephone is permissible if customers, required handicap insignia; or
clients, patients, or other business associates do not come to your (7) is parked in space marked for manager, staff, or guest at the
apartment for business purposes. We may regulate: (1) the use office; or
of p: s, balconies, and porches; (2) the conduct of fur ure (8) blocks another vehicle from exiting; or
movers and delivery persons; and (3) recreational activities in (9) is parked ina fire lane or designated “no parking” area; or
common areas. You'll be liable to us for damage caused by you or (10) is parked ina space marked for other resident(s) or unit(s); or
any guests or occupants. (11) is parked on the grass, sidewalk, or patio; or
We may exclude from the apartment community guests or others (12) blocks garbage trucks from access to a dumpster; or
who, in our judgment, have been violating the law, violating (13) belongs to a resident and is parked in a visitor or retail
this Lease Contract or any apartment rules, or disturbing other parking space.
residents, neighbors, visitors, or owner representatives. We maj
also exclude from any outside area or common area a person who 23. RELEASE OF RESIDENT. Unless you're entitled to terminate
refuses to show photo identification or refuses to identify himself your tenancy under paragraphs 10 (Special Provisions), 16
or herselfas a resident, occupant, or guest of a specific resident in (Delay of Occupancy), 32 (Responsibilities of Owner), 44 (Rightof
the community. Victims of Domestic Abuse to Terminate Tenancy), or 52 (Move-
Out Procedures); or unless, upon your death, your personal
You agree to notify us if you or any occupants are convicted of any representative gives statutory notice pursuant to paragraph
felony, or misdemeanor involvinga controlled substance, violence 43 (Termination of Lease Upon Death of Resident), you or your
to another person or destruction of property. You also agree to heirs won't be released from this Lease Contract for any reason
notify us if you or any occupant registers as a sex offender in including, but not limited to, voluntary or involuntary school
any state. Informing us of criminal convictions or sex offender withdrawal or transfer, voluntary or involuntary job transfer,
registry does not waive our rightto evict you. marriage, separation, divorce, reconciliation, loss of co-residents,
21. PROHIBITED CONDUCT. You, your occupants or guests, or loss of employment or bad health.
the guests of any occupants, may not engage in the folloy ig
activities: behaving in a loud or obnoxious manner; disturbing
or threatening the rights, comfort, health, safety, or convenience
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24, MILITARY PERSONNEL CLAUSE. All parties to this Lease phone or TV-cable outlets, alarm systems, or lock changes,
Contract agree to comply with any federal law, including, but not additions, or rekeying is permitted unless statutorily allowed 6/26/2024 10:23 AM
limited to the Service Member's Civil Relief Act, or any applicable or we've consented in writing. You may install a satellite dish
state law(s), if you are seeking to terminate this Lease Contract or antenna provided you sign our satellite dish or antenna lease
and/or subsequent renewals and/or Lease Contract extensions addendum which complies with reasonable restrictions allowed
under the rights granted by such laws. by federal law. You agree not to alter, damage, or remove our
property, including alarm systems, smoke detectors, furniture,
25. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants telephone and cable TV wiring, screens, locks, and access control
and guests must exercise due care for your own and others’ safety devices. When you move in, we'll supply light bulbs for fixtures
and security, especially in the use of smoke detectors, carbon we furnish, including exterior fixtures operated from inside the
monoxide detectors, keyed deadbolt locks, keyless bolting devices, apartment; after that, you'll replace them at your expense with
window latches, and access control devices. bulbs of the same type and wattage. Your improvements to the
Smoke Detectors/Carbon Monoxide Detectors. We'll furnish apartment (whether or not we consent) become ours unless we
smoke detectors and carbon monoxide detectors only if required agree otherwise in writing.
by statute, and we'll test them and provide working batteries
when you first take possession. After that, you must test the 27. REQUESTS, REPAIRS, AND MALFUNCTIONS. IF YOU OR
smoke detectors and the carbon monoxide detectors on a regular ANY OCCUPANT NEEDS TO SEND A NOTICE OR REQUEST—
basis, and pay for and replace batteries as needed, unless the law FOR EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES, OR
provides otherwise. We may replace dead or missing batteries at SECURITY RELATED MATTERS—IT MUST BE SUBMITTED
your expense, without prior notice to you. You must mediately THROUGH EITHER THE ONLINE RESIDENT/MAINTENANCE
report smoke-detector malfunctions to us. Neither you nor others PORTAL, OR SIGNED AND IN WRITING AND DELIVERED TO OUR
may disable n her the smoke detectors nor the carbon monoxide DESIGNATED REPRESENTATIVE (except in case of fire, smoke,
detectors. If you damage or disable the smoke detector or carbon gas, explosion, overflowing sewage, uncontrollable running
monoxide detector, or remove a battery without replacing it with water, electrical shorts, or crime in progress). Our written notes
a working battery, you may be liable to us under state statute for on your oral request do not cons ute a written request from you.
$100 plus one month's rent, actual damages, and attorney's fees. Our complying with or responding to any oral request regarding
If you disable or damage the smoke detector or carbon monoxide security or non-security matters doesn’t waive the strict
detector, or fail to replace a dead battery or report malfunctions to requirement for written notices under this Lease Contract. You
us, you will be liable to us and others for any loss, damage, or fines must promptly notify us in writing of: water leaks; electrical
from fire, smoke, or water. problems; malfunctioning lights; broken or missing locks or
Casualty Loss. We're notliableto any resident, guest, or occupant latches; and other conditions that pose a hazard to property,
for personal injury or damage or loss of personal property from health, or safety. We may change or install utility lines or
any cause, including but not ited to: fire, smoke, rain, flood, equipment serving the apartment if the work is done reasonably
water and pipe leaks, hail, ice, snow, lightning, wind, explosions, without substantially creasing your utility costs. We may
earthquake, interruption of ut s, theft, or vandalism unless turn off equipment and interrupt utilities as needed to avoid
otherwise required by law. We have no duty to remove any ice, property damage or to perform work. If utilities malfunction or
sleet, or snow but may remove any amount with or without notice. are damaged by fire, water, or similar cause, you must notify our
During freezing weather, you must ensure that the temperature representative immediately. Air conditioning problems are not
in the apartment is sufficient to make sure that the pipes do not emergencies. Ifair conditioningor other equipment malfunctions,
freeze (the appropriate temperature will depend upon weather you must notify our representative as soon as possible on a
conditions and the size and layout of your unit). If the pipes business day. We'll act with customary diligence to make repairs
freeze or any other damage is caused by your failure to properly and reconnections. Rent will not abate in whole or in part.
maintain the heat in your apartment, you'll be liable for damage If we believe that fire or catastrophic damage is substantial, or
to our and other's property. If you ask our representatives to that performance of needed repairs poses a danger to you, we
perform services not contemplated in this Lease Contract, you may terminate your tenancy within a reasonable time by giving
will indemnify us and hold us harmless from all liability for these you written notice. If your tenancy is so terminated, we'll refund
services. prorated rent and all deposits, less lawful deductions.
a e or Emergency. Dial 911 or immediately call local medical 28. ANIMALS. Unless otherwise provided under federal, state, or
emergency, fire, or police personnel in case of accident, fire, smoke, local law, no animals (including mammals, reptiles, birds, fish,
or suspected criminal activity, or other emergency involving rodents, and insects) are allowed, even tempora ;, anywhere
imminent harm. You should then contact our representative. in the apartment or apartment Community unless we've so
We're not obliged to furs h security personnel, security lighting, authorized in writing. You must remove an illegal or unauthorized
security gates or fences, or other forms of security. If we provide animal within 24 hours of notice from us, or you will be
any access control devices or security measures upon the considered in default of this Lease Contract. If we allow an animal
property, they are not a guarantee to prevent crime or to reduce as a pet, you must execute a separate animal addendum which
the risk of crime on the property. You agree that no access control may require additional deposits, rents, fees or other charges. We
or security measures can eliminate all crime and that you will not will authorize an assistance animal for a disabled person. When
rely upon any provided access control or security measures as allowed by a
Preview
02-CV-24-3613 Filed in District Court State of Minnesota 6/26/2024 10:23 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT PC Cielo, LLC Case Type: Housing/UD Court File No. Plaintiff, VS. EVICTION ACTION COMPLAINT Damajah Jones, (DOB: Unknown) Defendant(s). Plaintiff PC Cielo, LLC, a Delaware limited liability company (“Landlord”) as and for its Eviction Action Complaint against Defendant Damajah Jones (“Tenant”), states and alleges as follows: 1 Landlord is a Delaware limited liability company with a registered address of 6609 Cherokee Lane North, Brooklyn Park, MN 55428. 2. Tenant is an individual with an unknown date of birth. 3 Landlord is the owner of real property located at 6051 University Ave NE, Apt. 427, Fridley, MN 55432 (the “Property”). 4 The Property is improved with a multifamily residential building. 5 Landlord and Tenant entered into a written lease dated March 20, 2024 (the “Lease”) for apartment 427 of the Property and a garage unit (hereinafter the “Premises”). 6. A copy of the Lease is attached hereto as Exhibit A. 02-CV-24-3613 Filed in District Court State of Minnesota 6/26/2024 10:23 AM Tenant is presently in possession of the Premises. Pursuant to the Lease, Tenant is obligated to pay rent on the first of each month. Tenant’s monthly rent is $1,819.00. 10. Tenant is also obligated to pay utilities such as gas, sewer, trash, and water to Landlord on a monthly basis. 11. In the event Tenant fails to make a timely payment, the Lease provides Landlord may charge a late fee of 8% of the base monthly rent. 12. Tenant has regularly failed to pay full rent owed starting June 1, 2024, and continuing through the date of this Complaint. 13. Tenant has also accrued late fees pursuant to the Lease, such late fees not more than 8% of the base rent owed. 14. Tenant currently owes a balance $2,506.17 in unpaid rent, utilities, and late fees. 15. A true and correct copy of a ledger showing the balance owed is attached hereto as Exhibit B. 16. Tenants were provided with a notice to pay or vacate, a true and correct copy of which is attached hereto as Exhibit C. 17. The tenancy at issue in this case is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the Section 8 02-CV-24-3613 Filed in District Court State of Minnesota 6/26/2024 10:23 AM program, as defined in Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit program; or any other similar program. 18. Landlord is entitled to possession of the Premises pursuant to Minn. Stat. §§ 504B.291, 504B.285, and/or 504B.301. 19. Upon information and belief, Tenants are not now in the military service of the United States and this Complaint is made in compliance with the Soldiers’ and Sailors’ Civil Relief Act of 1940. 20. Landlord, having present right of possession of the Premises, has complied with Minnesota Statutes Section 504B.181 by disclosing to Tenant in the written lease prior to commencement of the tenancy (1) the name and address of the person authorized to manage the Property, (2) the name and address of Landlord’s authorized agent to receive and give receipts for notices and demands, and (3) the name and address of Landlord for purposes of service of process. Tenant was aware of the aforementioned information more than 30 days prior to the filing of the instant action because it was disclosed to Tenant by Landlord. WHEREFORE, Landlord requests relief from the Court as follows: 1 Issuance of an immediate Writ of Recovery for the Premises; 2 Ordering Tenants to vacate the Premises; and 3. For such other and further relief as the Court deems just and equitable. 02-CV-24-3613 Filed in District Court State of Minnesota 6/26/2024 10:23 AM CHESTNUT CAMBRONNE PA Dated: June 26, 2024 By /s/ Emeric J. Dwyer Emeric J. Dwyer (#0389471) 100 Washington Avenue South, Suite 1700 Minneapolis, Minnesota 55401 Telephone No. (612) 339-7300 Email: edwyer@chestnutcambronne.com Attorney for Landlord ACKNOWLEDGMENT Plaintiff, through its undersigned attorney, hereby acknowledge that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes Section 549.211 to the party against whom the allegations in this pleading are asserted. Dated: June 26, 2024 's/ Emeric J. Dwyer Emeric J. Dwyer 02-CV-24-3613 Filed in District Court State of Minnesota 6/26/2024 10:23 AM EXHIBIT A 02-CV-24-3613 Filed in District Court State of Minnesota APARTMENT LEASE CONTRACT 6/26/2024 10:23 AM Date of Lease Contract: March 20, 2024 TONAL APARTMENT om a ASSOCIA (when the Lease Contract 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 Cont act begins on “lease") is between you, the resident(s) (list all people signing the the 22nd day of March 2024 and ends Lease Contract): at 11:59 pm the_14th dayof February 2025 Damajah Jones 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 required by paragraph 51 (Move-Out Notice). If the number of days isn’t filled in, at least 30 days notice is required. At least 15 days before this 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 $ 181 per month for rent, payable in advance and without demand: a at the on-site manager's office, or and us the owner: PC Cielo LLC DRE of Peak Aries a at our online payment site, or 2021 LP a atMoney orders and Cash are not acceptable. Acceptable payment methods: walk-in payment system (WIPS), personal or cashier’s check. (name of apartment community or title holder). You've ‘agreed to Disclosure is also made that you will be responsible for payment rent ApartmentNo. at of the following non-optional fees: University Ave NE Apt 427 (street address) in Fridley (city), Minnesota, 55432 (ip code) (the “apartment” or the “premise: ) for use as a private residence only. The terms As such, the Total Monthly Payment will be $ “you” and “your refer to all residents listed above. The terms “we, and “our refi to the owner listed above (or any of Prorated rent of $ 586.77 is due for the remainder of [check owner's successors’ in interest or assigns). Written or electronic one}: Q 1st month or Q) 2nd month, on March notice to or from our managers constitutes notice to or from us. If 2024 . Any additional expenses attributable to the online anyone else has guaranteed performance of this Lease Contract, a payment of rent will be disclosed to you by us. separate Lease Contract Guaranty for each guarantor is attached. If the lease term ends on a date before the last day of the final ‘The person authorized to manage the apartment i month, the amount of rent to be paid for the final month owed will be prorated at the average daily rate for that month. Community Manager Name Prorated rent of § is due for the remainder of last month, if applicable, on . 5951 University Ave NE Otherwise, you must pay your rent on or before the Ist day of Street Address each month (due date) with no grace period. Cash is unacceptable without our prior written permission. Unless authorized Fridley, MN 55432 by Minnesota law, you agree that rent will not be offset or City, State, Zip Code withheld. We may, at our option, and upon advance notice to The owner or agent authorized to accept service of process and you, require at any time that you pay all rent and other sums in receive and give receipts for notices is: cash, certified or cashi ’s check, money order, or one monthly Peak Living check rather than multiple checks. At ou discretion, we may convert any and all checks via the Automated Clearing House Name (ACH) system for the purposes of collecting payment. Rent is 6051 University Ave NE not considered accepted if the payment/ACH is rejected, does not clear, is stopped for any reason. If you don’t pay all rent Street Address on or before the Sth day of the month, you'll pay a late Fridley, MN 55432 charge. Your late charge will be (check one): Qa flat rate of City, State, Zip Code or@)_8.0 % of your total rent due. The total amount of your late charges shall not exceed eight percent OCCUPANTS. The apartment will be occupied only by you and (8%) of your monthly rent payment. You'll also pay a charge of (list all other occupants not signing the Lease Contract): $ 30.00 fi reach returned check or rejected electronic payment, plus a late charge. If you don’t pay rent on time, you'll be delinquent and all remedies under this Lease Contract will be authorized. All payment obligations under this Lease Contract shall constitute rent under this Lease Contract. 5. SECURITY DEPOSIT. Unless the parties otherwise agree in a separate addendum document, the total security deposit at the time of execution of this Lease Contract for all esidents in the apartment is $ 450.00 due on or before the date this Lease Contractis signed. In compliance with Minnesota law, your security deposit will bear simple interest. Interest will be included as part of the security deposit. Within 21 days after termination of your No one else may occupy the apartment. Persons not listed above residency and receipt of your mailing address or written delivery must not stay in the apartment for more than. 7 instructions, we will return the deposit to you, with interest, or consecutive days without our prior written consent, and no more furnish to you a written statement specifying the ‘asons for the than twice that many days in any one month. Ifthe previous space withholding of the deposit or any portion thereof. You may not isn't filled in, two days per month is the limit. withhold payment of any portion of any rent on the grounds that the security deposit should serve as payment of the rent. © 2023, National Apartment Association,Inc. - 11/2023, Minnesota Page 1 of 8 [V1 Blue Moon esignature Services Document ID: 427548383 | 02-CV-24-3613 Filed in District Court 1 apartment key(s), _ 1. State of Minnesota 6. KEYS. You will be provided In addition, we urge all residents, and particularly those re: mailbox key(s), 1 FOB(3), andi other access in coastal areas, areas near rivers, and areas prone to flooding, to 6/26/2024 10:23 AM devices) for access to the building and amenities at no additional obtain flood insurance. Rente! insurance may not cover damage cost at movi . If the key, FOB, or other access device is lost or toyour property due to flooding.A flood insurance resource which becomes damaged during your tenancy or is not returned or is may be available includes the National Flood Insurance Program returned damaged when you move out, you will be responsible for managed by the Federal Emergency Management Agency (FEMA). the costs for the replacement and/or repair of the same. We &) require () do not require you to get your own insurance UTILITIES. We'll pay for the follo ig items, if checked: for losses to your personal property or injuries due to theft, fire, Q water gas Q electricity () masterantenna water lamage, pipe leaks and the like. Ifno boxis checked, renter's Q wastewater Q trash Q cable TV insurance is not requi d. Q other Additionally, you are [check one] @ required to purchase You'll pay for all other utilities, related deposits, and any charges, personal liability insurance () not required to purchase fees, or services on such utilities. You must not allow utilities to be personal lial lity insurance. If no box is checked, personal disconnected—including disconnection for notpayingyour bills— liability insuranceis not required. If required,failure to maintain until the lease term or renewal period ends. Cable channels that personal liability insurance throughout your tenancy, including are provided may be changed during the lease term if the change any renewal periods and/or lease extensions, is an curable apl 's to all esidents. Ut ‘ies may be used only for normal breach of this Lease Contract and may result in the ter ination household purposes and must not be wasted. If your electricity of tenancy and eviction and/or any other remedies as provided by is ever interrupted, you must use only battery-operated lighting. this Lease Contract or state law. If any utilities are submetered for the apartment, or prorated by 9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the an allocation formula, we will attach an addendum to this Lease prior resident moves out. The rekeying will be done before you Contract in compliance with state agency rules or city ordinance. move into your apartment. Pursuant to Minnesota Statute 504B.215 Subd. 2a. upon your request, we shall provide a copy of the actual uti ry bill for the You may at any time ask us to change or rekey locks or latches community along with each apportioned utility during the Lease Term. We must comply with those requests, but you must pay for them, unless other ise provided by law. INSURANCE. We do not maintain insurance to cover your Payment for Rekeying, Repairs, Etc. You must pay forall repairs personal property or personal injury. We are not responsible to or replacements to devices arising from the willful, malicious, or any resident, guest, or occupant for damage or loss of personal irresponsible conduct by you or your occupants, or guests during property or personal injury from (including but not limited your occupancy. You may be required to pay in advance if we to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, notify you within a reasonable time after your request that you lightning, wind, explosions, earthquake, interruption of ut ies, are more than 30 days delinquent in reimbursing us for repairing theft, hurricane, negligence of other residents, occupants, or or replacing a device which was misused or damaged by you, your invited/uninvited guests or vandalism unless otherwise required guest or an occupant; or if you have requested that we repairor by law. change or rekey the same device du ig the 30 days preceding your request and we have complied with your request. Otherwise, you must pay immediately after the work is completed. Special Provisions and “What If” Clauses 10. SPECIAL PROVISIONS. The following special provisions and any due to the willful, malicious, or irresponsible conduct by you or addenda or written rules furnished to you at or before signing your guests or occupants. We may require payment at any time, will becomea p rt of this Lease Contract and will supersede any including advance payment of repairs for which you're liable. conflicting provisions of this printed lease form, Delay in demanding sums you owe is not a waiver. Post-dated or third-party payments will 13. PROPERTY LEFT IN APARTMENT. Under Minnesota law, not be accepted. we may remove and/or store all property remaining in the apartment or in common areas (including any vehicles you or any occupant or guest owns or uses) if you are judicially evicted or if you surrender or abandon the apartment (see definitions in paragraph 56 (Deposit Return,Surrender, and Abandonment). See any additional special provisions. We will store and care for property removed under this section. 11. EARLY MOVE-OUT. You'll be liable to us for letting charge of We may sell or otherwise dispose of the property 28 days after you (not to exceed 100% of the highest monthly rent have abandoned the apartment, and we may apply the proceeds during the lease term) if you: 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 (1) fail to give written move-out notice as required in paragraph 14 days prior to the sale by personal service or written notice sent 51 (Move-Out Notice); or to your last known address by certified mail. (2) move out without paying rent in full for the entire lease term or renewal pei dor 14. FAILING TO PAY FIRST MONTH’S RENT. If you don’t pay the (3) move out at our demand because of your default. first month's rent when or before the Lease Contract begins, and The reletting charge is not a cancellation fee and does not release subject to our duty to mitigate our damages, we may end your you from your obligations under this Lease Contract. right of occupancy and recover damages, future rent, reletting charges, attorney's fees, court costs, and other lawful chi rges. Nota Release. The reletting charge is nota lease cancellation fee Our rights and remedies under paragraphs 11 (Early Move-Out) or buyout fee. It is an agreed-to liquidated amount covering only and 34 (Default by Resident) apply to acceleration under this part of our damages; that is, our time, effort, and expense in finding paragraph. and processing a replacement. These damages are uncertain and difficult to ascertain—particularly those relatingto inconvenience, 15. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent paperwork, advertising, showing apartments, utilities for showing, \creases or Lease Contract changes are allowed before the checking prospects, office overhead, marketing costs, and locator- initial Lease Contract term ends, except for changes allowed by service fees. You agree that the reletting charge is a reasonable any special provisions in paragraph 10 (Special Provisions), by estimate of such damages and that the charge is due whether or not a written addendum or amendment signed by you and us, or by our reletting attempts succeed. Ifno amount ipulated,you must reasonable changes of apartment rules allowed under paragraph pay our actual reletting costs so far as they can be determined. The 19 (Community Poli ies or Rules). If, at least 5 days before the reletting charge does not release you from continued liabi for: advance notice deadline referred to in paragraph 3 (Lease Term), future or past-due rent; charges for cleaning, repairing, repainting, we give you written notice of rent increases or lease changes or unreturned keys; or other sums due. effective when the lease term or renewal period ends, this Lease Contract will automatically continue month-to-month with the 12. REIMBURSEMENT. We agree to make the premises and all increased rent or lease changes. The new modified Lease Contract common areas fit for the use intended by the parties and to keep will begin on the date stated in the notice (without necessity of the premises in a reasonable repair during the term of this Lease your signature) unless you give us written move- out notice under Contract. However, you must promptly reimburse us for repairs paragraph 51 (Move-Out Notice). © 2023, National Apartment Association,Inc. - 11, 023, Minnesota Page 2 of 8 [V[Biue Moon esignature Services Document ID: 427548383 | 02-CV-24-3613 Filed in District Court State of Minnesota 16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for receives written notice, but not later. The readiness date is construction, repairs, cleaning, or a previous resident's holding considered the new initial term as set forth in Paragraph 6/26/2024 10:23 AM over, we're not responsible for the delay. The Lease Contract 3 (Lease Term) for all purposes. This new date may not be will remain in force subject to: (1) abatement of rent on a daily moved to an earlier date unless we and you agree. basis during delay; and (2) your right to terminate as set forth below. Termination notice must be in writing. After termination, 17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL you are entitled only to refund of deposit(s) and any rent paid. RENT. Unless otherwise prohibited by law, if, during the term of Rent abatement or lease termination does not apply if delay is this Agreement, any locality, city, state, or Federal Government for cleaning or repairs that don’t prevent you from occupying the imposes upon Us, any fee, charge, or tax, which is related to or apartment. charged by the number of occupants, or by the apartment unit Ifthere is a delay and we haven't given notice of delay as set forth itself, such that we are charged a fee, charge, or tax, based upon immediately below, you may terminate up to the date when the your use or occupancy of the apartment, we may add this charge apartment is ready for occupancy, but not later. as Additional Rent, during the term of the Lease Contract, with thirty (30) days advance written notice to you. After this written (1) If we give written notice to any of you when or after the notice (the amount or approximate amount of the charge, will be itial term as set forth in Paragraph 3 (Lease Term)—and included), you agree to pay, as Additional Rent, the amount of the the notice states that occupancy has been delayed because charge, tax or fee imposed upon us, as a result of your occupancy. of construction or a previous re: jent’s holding over, and As examples, these charges can include, but are not limited to: any that the apartment will be ready on a specific date—you may charges we receive for any zo! 1g violation, sound, noise or er terminate your tenancy within 3 days of your recei ing the charge; any charge under any nuisance or chronic nuisance type notice, but not later. statute, 911 or other life safety, per person, or per unit charge or (2) If we give written notice to any of you before the initial term tax and any utility bill unpaid by you, which is then assessed to us as set forth in Paragraph 3 (Lease Term) and the notice states for payment. that construction delay is expected and that the apartment 18. DISCLOSURE RIGHTS. We will only disclose information will be ready for you to occupy on a specific date, you may concerning you or your rental history if authorized by applicable terminate your tenancy within 7 days after any of you law. While You're Living in the Apartment 19. COMMUNITY POLICIES OR RULES. You and all guests and of the landlord (including our agents and employees) or other occupants must comply with any written apartment rules tenants and their guests in or near the apartment community; and community policies, including instructions for care of our disrupting our business operations; manufacturing, delivering, property. To the extent they are not incon: ‘ent with this Lease possessing with intent to deliver, or otherwise possessing a Contract or Minnesota law, our rules are considered part of controlled substance or drug paraphernalia; engaging in or this Lease Contract. Upon advance notice and compliance with threatening violence; possessinga weapon prohibitedby state law; Minnesota law, we may make reasonable changes to the said discharging a firearm in the apartment community; displayingor written rules. possessing a gun, knife, or other weapon in the common area in a way that may alarm others; storing anything in closets having 20. LIMITATIONS ON CONDUCT. The apartment and other areas gas appliances; tampering with utilities or telecommunications; reserved for your private use must be kept clean and free of bringing hazardous materials into the apartment community; or trash, garbage, and other debris. Trash must be disposed of at inj \g our reputation by making bad faith allegations against least weekly in appropriate receptacles in accordance with local us to others. ordinances. Passageways may be used only for entry or exit. You agree to keep all passageways and common areas free of 22. PARKING. We may regulate the time, manner, and place of obstructions such astrash, storage items, andall forms of personal parking cars, trucks, motorcycles, bicycles, boats, trailers, and property. No person shall ride or allow bikes, skateboards, or recreational vehicles by anyone. We may have unauthorized or other imilar objects in the passageways. Any swimming pools, illegally parked vehicles towed under an appropriate statute. saunas, spas, tanning beds, exercise rooms, storerooms, laundry A vehicle is unauthorized or illegally parked in the apartment rooms, and similar areas must be used with care in accordance community ifit: with apartment rules and posted signs. Glass containers are (1) has a flat tire or other condition renderingit inoperable; or prohibited in all common areas. You, your occupants, or guests (2) is on jacks, blocks or has wheel(s) missing;or may not anywhere in the apartment community: use candles or (3) has no current license plate or no current registration and/or use kerosene lamps or kerosene heaters without our prior written inspection sticker; or approval; cook on balconies or outside; or solicit business or (4) takes up more than one parking space; or contributions. Conducting any kind of bu: ess (inclu: ig child (5) belongs to a resident or occupant who has surrendered or care services) in your apartment or in the apartment community abandoned the apartment; or is prohibited—except that any lawful business conducted “at (6) is parked in a marked handicap space without the legally home" by computer, mail, or telephone is permissible if customers, required handicap insignia; or clients, patients, or other business associates do not come to your (7) is parked in space marked for manager, staff, or guest at the apartment for business purposes. We may regulate: (1) the use office; or of p: s, balconies, and porches; (2) the conduct of fur ure (8) blocks another vehicle from exiting; or movers and delivery persons; and (3) recreational activities in (9) is parked ina fire lane or designated “no parking” area; or common areas. You'll be liable to us for damage caused by you or (10) is parked ina space marked for other resident(s) or unit(s); or any guests or occupants. (11) is parked on the grass, sidewalk, or patio; or We may exclude from the apartment community guests or others (12) blocks garbage trucks from access to a dumpster; or who, in our judgment, have been violating the law, violating (13) belongs to a resident and is parked in a visitor or retail this Lease Contract or any apartment rules, or disturbing other parking space. residents, neighbors, visitors, or owner representatives. We maj also exclude from any outside area or common area a person who 23. RELEASE OF RESIDENT. Unless you're entitled to terminate refuses to show photo identification or refuses to identify himself your tenancy under paragraphs 10 (Special Provisions), 16 or herselfas a resident, occupant, or guest of a specific resident in (Delay of Occupancy), 32 (Responsibilities of Owner), 44 (Rightof the community. Victims of Domestic Abuse to Terminate Tenancy), or 52 (Move- Out Procedures); or unless, upon your death, your personal You agree to notify us if you or any occupants are convicted of any representative gives statutory notice pursuant to paragraph felony, or misdemeanor involvinga controlled substance, violence 43 (Termination of Lease Upon Death of Resident), you or your to another person or destruction of property. You also agree to heirs won't be released from this Lease Contract for any reason notify us if you or any occupant registers as a sex offender in including, but not limited to, voluntary or involuntary school any state. Informing us of criminal convictions or sex offender withdrawal or transfer, voluntary or involuntary job transfer, registry does not waive our rightto evict you. marriage, separation, divorce, reconciliation, loss of co-residents, 21. PROHIBITED CONDUCT. You, your occupants or guests, or loss of employment or bad health. the guests of any occupants, may not engage in the folloy ig activities: behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety, or convenience © 2023, National Apartment Association,Inc. - 11, 023, Minnesota Page 3 of 8 [V[Biue Moon esignature Services Document ID: 427548383 | 02-CV-24-3613 Filed in District Court State of Minnesota 24, MILITARY PERSONNEL CLAUSE. All parties to this Lease phone or TV-cable outlets, alarm systems, or lock changes, Contract agree to comply with any federal law, including, but not additions, or rekeying is permitted unless statutorily allowed 6/26/2024 10:23 AM limited to the Service Member's Civil Relief Act, or any applicable or we've consented in writing. You may install a satellite dish state law(s), if you are seeking to terminate this Lease Contract or antenna provided you sign our satellite dish or antenna lease and/or subsequent renewals and/or Lease Contract extensions addendum which complies with reasonable restrictions allowed under the rights granted by such laws. by federal law. You agree not to alter, damage, or remove our property, including alarm systems, smoke detectors, furniture, 25. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants telephone and cable TV wiring, screens, locks, and access control and guests must exercise due care for your own and others’ safety devices. When you move in, we'll supply light bulbs for fixtures and security, especially in the use of smoke detectors, carbon we furnish, including exterior fixtures operated from inside the monoxide detectors, keyed deadbolt locks, keyless bolting devices, apartment; after that, you'll replace them at your expense with window latches, and access control devices. bulbs of the same type and wattage. Your improvements to the Smoke Detectors/Carbon Monoxide Detectors. We'll furnish apartment (whether or not we consent) become ours unless we smoke detectors and carbon monoxide detectors only if required agree otherwise in writing. by statute, and we'll test them and provide working batteries when you first take possession. After that, you must test the 27. REQUESTS, REPAIRS, AND MALFUNCTIONS. IF YOU OR smoke detectors and the carbon monoxide detectors on a regular ANY OCCUPANT NEEDS TO SEND A NOTICE OR REQUEST— basis, and pay for and replace batteries as needed, unless the law FOR EXAMPLE, FOR REPAIRS, INSTALLATIONS, SERVICES, OR provides otherwise. We may replace dead or missing batteries at SECURITY RELATED MATTERS—IT MUST BE SUBMITTED your expense, without prior notice to you. You must mediately THROUGH EITHER THE ONLINE RESIDENT/MAINTENANCE report smoke-detector malfunctions to us. Neither you nor others PORTAL, OR SIGNED AND IN WRITING AND DELIVERED TO OUR may disable n her the smoke detectors nor the carbon monoxide DESIGNATED REPRESENTATIVE (except in case of fire, smoke, detectors. If you damage or disable the smoke detector or carbon gas, explosion, overflowing sewage, uncontrollable running monoxide detector, or remove a battery without replacing it with water, electrical shorts, or crime in progress). Our written notes a working battery, you may be liable to us under state statute for on your oral request do not cons ute a written request from you. $100 plus one month's rent, actual damages, and attorney's fees. Our complying with or responding to any oral request regarding If you disable or damage the smoke detector or carbon monoxide security or non-security matters doesn’t waive the strict detector, or fail to replace a dead battery or report malfunctions to requirement for written notices under this Lease Contract. You us, you will be liable to us and others for any loss, damage, or fines must promptly notify us in writing of: water leaks; electrical from fire, smoke, or water. problems; malfunctioning lights; broken or missing locks or Casualty Loss. We're notliableto any resident, guest, or occupant latches; and other conditions that pose a hazard to property, for personal injury or damage or loss of personal property from health, or safety. We may change or install utility lines or any cause, including but not ited to: fire, smoke, rain, flood, equipment serving the apartment if the work is done reasonably water and pipe leaks, hail, ice, snow, lightning, wind, explosions, without substantially creasing your utility costs. We may earthquake, interruption of ut s, theft, or vandalism unless turn off equipment and interrupt utilities as needed to avoid otherwise required by law. We have no duty to remove any ice, property damage or to perform work. If utilities malfunction or sleet, or snow but may remove any amount with or without notice. are damaged by fire, water, or similar cause, you must notify our During freezing weather, you must ensure that the temperature representative immediately. Air conditioning problems are not in the apartment is sufficient to make sure that the pipes do not emergencies. Ifair conditioningor other equipment malfunctions, freeze (the appropriate temperature will depend upon weather you must notify our representative as soon as possible on a conditions and the size and layout of your unit). If the pipes business day. We'll act with customary diligence to make repairs freeze or any other damage is caused by your failure to properly and reconnections. Rent will not abate in whole or in part. maintain the heat in your apartment, you'll be liable for damage If we believe that fire or catastrophic damage is substantial, or to our and other's property. If you ask our representatives to that performance of needed repairs poses a danger to you, we perform services not contemplated in this Lease Contract, you may terminate your tenancy within a reasonable time by giving will indemnify us and hold us harmless from all liability for these you written notice. If your tenancy is so terminated, we'll refund services. prorated rent and all deposits, less lawful deductions. a e or Emergency. Dial 911 or immediately call local medical 28. ANIMALS. Unless otherwise provided under federal, state, or emergency, fire, or police personnel in case of accident, fire, smoke, local law, no animals (including mammals, reptiles, birds, fish, or suspected criminal activity, or other emergency involving rodents, and insects) are allowed, even tempora ;, anywhere imminent harm. You should then contact our representative. in the apartment or apartment Community unless we've so We're not obliged to furs h security personnel, security lighting, authorized in writing. You must remove an illegal or unauthorized security gates or fences, or other forms of security. If we provide animal within 24 hours of notice from us, or you will be any access control devices or security measures upon the considered in default of this Lease Contract. If we allow an animal property, they are not a guarantee to prevent crime or to reduce as a pet, you must execute a separate animal addendum which the risk of crime on the property. You agree that no access control may require additional deposits, rents, fees or other charges. We or security measures can eliminate all crime and that you will not will authorize an assistance animal for a disabled person. When rely upon any provided access control or security measures as allowed by a