Preview
19AV-CV-24-1691
Filed in District Court
State of Minnesota
6/26/2024 10:26 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
CASE TYPE: HOUSING
Centerspace, LP,
Plaintiff,
vs. COMPLAINT
Martin Ruiz Hernandez (dob unknown),
John Doe, Jane Doe,
Defendant.
Parties
1. Plaintiff is Centerspace, LP. Plaintiff is a Landlord as that term is defined in Minn.
Stat. § 504B.001, Subd. 7.
2. Defendant is Martin Ruiz Hernandez. Defendant is a Residential Tenant as that term
is defined in Minn. Stat. § 504B.001, Subd. 12.
The Lease
3. There is a written lease between the parties and it is attached to the Complaint as
Exhibit A.
4. The address of the property in the Lease is 3395 Yankee Doodle Lane #106, garage
#G041, and storage #B-12, in the City of Eagan, County of Dakota, State of
Minnesota, Zip Code 55122.
5. The tenancy is not affected by a federal or state housing subsidy program through
project-based federal assistance payments; the section 8 program; the LIHTC program
or any other similar program.
1
19AV-CV-24-1691
Filed in District Court
State of Minnesota
6/26/2024 10:26 AM
Conditions Precedent
6. All necessary conditions precedent have been performed or have occurred.
7. Plaintiff has complied with Minn. Stat. § 504B.181 by:
a. disclosing to tenant either in the rental agreement or otherwise in writing prior
to the beginning of the tenancy the name and address of: 1) the person authorized
to manage premises; and 2) an owner or agent authorized by owner to accept
service of process and receive and give receipts for notice and demands, AND
b. posting in a conspicuous place on the property a printed or typewritten notice
containing the above information in the lease, OR
c. the above information is known by or has been disclosed to the tenant not less
than 30 days before the filing of this action because of communications from
landlord.
Count 1: Eviction – Hold Over as a Matter of Law in Violation of Minn. Stat. §
504B.206 Subd. 3(b)
8. Defendant had a co-tenant on the current lease.
9. Defendant’s co-tenant exercised her right in accordance with Minn. Stat. §
504B.206 Subd. 1.
10. Defendant’s co-tenant’s lease was terminated in accordance with Minn. Stat. §
504B.206 Subd. 1 on May 31, 2024.
11. In accordance with Minn. Stat. § 504B.206 Subd. 3(b), Defendant’s lease terminates
as a matter of law on May 31, 2024.
12. Any lease governing all tenants in a lease in accordance with Minn. Stat. § 504B.206
Subd. 3 is terminated at the later end of the month or the end of the rent interval in
which on tenant terminates under Minn. Stat. § 504B.206 Subd. 1.
13. Defendant is holding over in violation of Minn. Stat. § 504B.206 Subd. 3(b).
14. Defendant continues to be liable for all rent even after his unlawful holdover.
2
19AV-CV-24-1691
Filed in District Court
State of Minnesota
6/26/2024 10:26 AM
Count 2: Eviction – Non-payment (In the Alternative)
15. A detailed, itemized accounting or statement listing the amounts owing is attached to
this Complaint as Exhibit B.
16. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly
delivered. That notice is attached to this Complaint as Exhibit C.
17. In addition to the arrearages identified in the immediately preceding paragraphs,
pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored
to possession, Defendant(s) may be required to pay to the landlord or bring to court
the amount of the rent that is in arrears, with interest, costs of the action, and an
attorney’s fee not to exceed $5, and by performing any other covenants of the lease –
including amounts that become due during the pendency of this action.
18. The total amount required to redeem the tenancy is $1,232.91 + $377.00 (costs of the
action – filing fee and service fee) for a total of $1,609.91, plus any additional
amounts, or other covenants of the lease which may become due during the pendency
of this action. The amount pled may not include all money owing under the lease.
19. Defendant’s military status is unknown.
Request for Relief
1. Plaintiff seeks judgment against Defendant and an Order for possession of the
property and the issuance of an immediate Writ of Recovery.
2. Plaintiff seeks all allowable costs and disbursements of the action.
I declare under penalty of perjury that everything I have stated in this document is true and
correct to the best of my knowledge and belief. Minn. Stat. § 358.116.
Dated: June 26, 2024 HANBERY & TURNER, P.A.
/s/ Douglass E. Turner
Douglass E. Turner, #0279948
33 South 6th St. Suite 4160
Minneapolis, MN 55402
Tele: (612) 353-4388
EM: hnc@hnclaw.com
Attorney for Plaintiff
3
19AV-CV-24-1691
Filed in District Court
State of Minnesota
6/26/2024 10:26 AM
(% LEASE AGREEMENT
Community: Bayberry Place, 3395 Yankee Doodle Ln Eagan, MN 55121
Leaseholder(s): Martin Ruiz Hernandez. Irma Flores Cortes
Additional Occupans:
Leased Dwelling Address: 3395 Yankee Doodle Ln Apt 106, Eagan, MN 55121
Apartment: 3395-106
Lease Term Dates: March 26, 2024 June 25, 2025 -
Effective Date: March 26, 2024
Total Monthly Payment: $1,113.00
(Breakdown Below)
Fee f
'Monthly Apartment Rent: $1,086.00 56.00
anfs'g:fiifir'"'5tmtwe
'Pest Control Fee: $1.00 Number of Pets: 0
"Animal Rent: $0.00 Number of Assistance Animals: 0
"Parking/Garage Rent: $20.00 Parking/Garage Space: 6041
"Storage Rent: $0.00 Storage Space: 3395-812
One-Time Concession: $0.00 $0.00 "Recurring concession:
Other Residential Fee Disclosures
(Some of thae are event-based fees, and are not recurring ' ', ,. , but may be applicable during lease Term Dates.)
"'Apartment Deposit: $400.00 "'Administrative Fee: $150.00
"'Application Fee: $50.00/person "'Corporate Lease Setup Fee: $375.00
"'Nonrefunclable Pet Fee: $0.00 "'Animal Deposit $0.00
"'Utiiity Account Activation Fee: $15.00 "Utility A "MW"W $15.00
Late Fee: 8.00 '56 Satellite Dish Removal Fee: $200.00
use Fee: $30.00
Rente mmwm'mm $20.00
Responsibility Fee for Utilities: $50.00 Lockout: $300.00
Trash Violation Fee: $50.00 Opener
$150.00 Maximum (Varies)
;::{:::4:::?ge
Smoking Fee: $500.00 Animal Violation Fee: $300.00
'This amount will be included in Total Monthly i' , | "This will only be included in Total Monthly Payment, if elected by I L "d
.
(s). l
""'
..
' J One-time Fees
Rent is due on the 1" clay of the month, regardless of holidays and/or office closures. lithe account balance is not
paid in full by the close of business on the 3rd day of the month, a Late Fee
will be charged on the 4th day of the month in the amount of 8.00 36 of the unpaid
monthly rent in the amount of the Total Monthly Payment indicated above, or as state regulation allows.
Renters insurance Exemption/Non-compiianoe Fee is only charged if acceptable proof of renters insurance Is not on file.
Please refer to Utility Addendum for more details on utility fees.
One cottons)" ottittynyiiiiaeylentiflad byali'if', Fonntilaindkatot?) or DoiiarA'mountc -'
'
This detaii will outiino the reagenxibiiity and payment method for cad: utility
type.
Uuiity Type
Residentto Pay Utility Service Resident to Pay landlord (Variable Resident to Pay Landlord (Flat
Cebiefv
Utility is Not Applicable
Warm X
"3-"! ,
Rate)
Electric: RUBS 'II "2'
'
.' . .~ "31%. 11"...) 'L
' ' " " :::'?"1':=7' .4.
Electric: Sub-metered X
_Gai:RUBS 7
;' D;._,
Gas: Sub-metered X
("mm ...::.:3j : Is. ;,
,
:1;
Master
'
X
PestControi ' '
"'
.::. i.
'
Stormwater
'
.
1.00.9: ~
ri'rashz- 2 : 3'
:3 '
.,':.. 31,137.-.."
, y
1;. .3»; f'f;"':'.' ;: ,
VaietTrash
WaterlSewenRiiBSZ'
"
'.
' - *
' '
, , .
. .
a -
Water/Sewer: Sub-nraLered
'
N A 1' in" : .
3:2: H:
.
;' ":5: g: 1mm. . ..
'See Formuia'lndicator on Utility Addengum'for in ormationon variable rate allocations.
b
CENTERSPACE
wase Agreement 10-01-2023
Page 1 of 24
EXHIBIT A
Document digitally signed using RENTCafe eSignatlxre services. Document lD: l086846
19AV-CV-24-1691
Filed in District Court
State of Minnesota
6/26/2024 10:26 AM
1. Lease Agreement. This Apartment Lease (the "Lease") is made and entered into between Centerspace LLP ("Landlord"), and each
individual listed above in the "Leaseholder" section of the Basic Terms (each, and collectively, "Leaseholder"), as of the date set forth
below in Landlord's signature block. Landlord is either the owner of the Community, and/or the authorized managing agent of the
Community. In consideration of the mutual covenants set forth in this Lease, Landlord leases the apartment unit identified above (the
"Apartmenf') to Leaseholder, and Leaseholder leases the Apartment from Landlord. The Apartment shall be used only as a private
residence, and for no other purpose. Leaseholder shall tender the Apartment deposit specified above (the "Apartment Deposit") on or
before the date Leaseholder signs this Lease.
Authorized Manager and Landlord authorized to accept service of process and receive and give receipt for notice and demands:
Centerspace LLP, Attn: Legal Department
800 LaSalle Plaza, Suite 1600, Minneapolis, Minnesota.
2. Subordination. Leaseholder agrees and acknowledges that this Lease is subordinate to any current, subsequent, or future
mortgage placed on and secured by the property that is the subject of this lease and Leaseholders authorizes Landlord or the property
Owner to execute on behalf of Leaseholder any and all documents necessary to subordinate this Lease.
3. No Oral Agreements. This Lease contains the entire agreement between the parties with respect to the leasing of the Apartment,
and there are no oral agreements between the parties. Leaseholder acknowledges that Landlord has not made any oral
promises or
representations.
4. Occupants and Guests. The Apartment may only be occupied by Leaseholder and Leaseholders approved occupants, and not by
any other individual without Landlord's prior written consent. For purposes of this Lease, "Occupant" shall mean any occupant of the
Apartment that has been approved by Landlord, and "Guest" shall mean any guest or other invitee of either Leaseholder or an
Occupant. Leaseholder is responsible for the acts and violations of any Occupant or Guest. If this Lease is violated by any Occupant or
Guest, then Leaseholder will be deemed to have violated this Lease. Guests shall not stay in the Apartment for more than 10
consecutive days without Landlord's prior written consent.
5. Multiple Leaseholders. If this Lease has more than one Leaseholder, then each Leaseholder is jointly and severally responsible for
paying all Rent and other sums due under this Lease. Leaseholder is jointly and severally responsible for all other obligations of the
Leaseholder under this Lease. If this Lease is violated by any Leaseholder, Occupant, or Guest, then each Leaseholder will have violated
this Lease. Landlord's notice to any individual Leaseholder shall constitute notice to each Leaseholder.
6. No Subleases, Assignment. Leaseholder shall not sublease its interest in this Lease.
Any attempted sublease in violation of this
Section is null and void and shall constitute a material breach of this Lease. Leaseholder shall not otherwise
assign its interest in this
Lease without Landlord's prior written consent, which consent Landlord may grant, withhold, or condition in its sole and absolute
discretion. Any attempted assignment in violation of this Section is null and void and shall constitute a breach of this Lease.
7. Delay of Occupancy. Landlord is not responsible for any delay in Leaseholder's occupancy of the Apartment caused by
construction or any necessary repairs or cleaning, or by the unlawful hold-over of the previous Leaseholder. In such
event, this Lease
shall remain in full force, subject to abatement of Rent on a daily basis during the
delay. If Landlord cannot deliver possession of the
Apartment by thirty days following the Lease Commencement Date, then Leaseholder may terminate this Lease after such date by
providing a written termination notice to Landlord. Notwithstanding the foregoing, Rent shall not abate, and Leaseholder shall not be
entitled to terminate this Lease if the delay is for cleaning or repairs that do not prevent Leaseholder from
occupying the Apartment.
8. Lease Term-, Automatic Renewal. The initial minimum term of the Lease is outlined as the Lease Term Dates defined above. This
Lease will automatically renew on a month-to-month basis unless either party gives at least 60
days' written notice of termination or
intent to move out at the end of the lease term. Any termination notice by Leaseholder pursuant to this Section shall
comply with all the
requirements of a "Move-Out Notice" that are set forth below. In the event the lease is renewed on a month-to-month basis, rent will
be adjusted to current month-to-month rental rate.
9. Lease Changes. No rent increases or changes to the Lease shall occur before the initial Lease Termination
Date, unless agreed to
by both parties in writing, except for Landlord's reasonable changes to the Community Rules of the Lease, Addenda and/or the Resident
Handbook. If this Lease automatically renews on a month-to-month basis, then Landlord may change
any of the terms of this Lease,
CENT-E RSPAC E
Lease Agreement 10-01-2023
Page 2 of 24
Document digitally signed using RENTCafe eSignature services. Document ID: 1086846
19AV-CV-24-1691
Filed in District Court
State of Minnesota
6/26/2024 10:26 AM
including increasing Rent, as of the first calendar day following the initial lease termination date. The Lease will be deemed modified as
of the specified date, without necessity of Leaseholder's signature, unless Leaseholder provides its termination notice.
10. Rent Leaseholder shall pay to Landlord the Total Monthly Payment and all other charges set forth above in advance and without
offset or deduction, commencing on the Lease Start Date, and continuing on the first day of each calendar month during the term of this
Lease. Leaseholder shall pay all Rent to Landlord at such place and in such manner as Landlord may from time to time designate in
writing. Leaseholder shall pay all Rent without Landlord's previous demand, invoice or notice for payment. Landlord and Leaseholder
will prorate Rent, on a per diem basis, for any partial month within the term of the Lease. Leaseholder shall pay Rent electronically as
set forth below. Leaseholder agrees to remit payment for the full balance clue on the account, including rent and any additional charges.
At Landlord's option, Landlord may apply money received from Leaseholder first to any of Leaseholder's unpaid obligations, and then to
current Rent. Leaseholder's obligation to pay Rent is independent from any of Landlord's covenants, obligations, warranties or
representations in this Lease and failure to pay Rent when due is deemed a material breach of this Lease. Leaseholder agrees and
understands that the payment of rent is not proportional in any way to the use or availability of any community amenity of any kind, but
for the use and occupancy of the Apartment identified above.
11. Utilities paid by leaseholder. Leaseholder agrees to pay for all utilities, utility deposits, charges, fees, or service charges for all
utilities monthly and will not allow utilities to be disconnected or service interrupted until the lease term or Leaseholder
possession
ends. Payments made may be applied to all outstanding balances before current balances. If
any specific utilities are billed to
Community and then divided and billed to Leaseholder, Landlord will attach a Utility Addendum to this Lease.
12. Electronic Fund Transfer; ACH Check Conversion. Unless otherwise agreed in writing, Leaseholder
acknowledges that all Rent
shall be paid by electronic fund transfer using ACH, Debit Card, Credit Card and/or Cash
Payment Program. Leaseholder agrees to pay
any fees associated with payment processing.
13. Delinguent Pyments; ReiectedlReturned Payment Fee. lf Leaseholder does not pay Rent on or before the date listed above,
then Leaseholder shall be in default under this Lease, and Leaseholder shall also
pay Landlord a late fee based on the balance of the
monthly unpaid rent, including pet, garage, storage, and other additional rental fees, as set forth above. A late fee must be included
with the delinquent rent payment. Leaseholder acknowledges and agrees that said late fee is
liquidated damages, is fair, and
reasonable. Leaseholder shall also pay a fee for each returned check or rejected automatic electronic draft. The fee amount shall not
exceed state restrictions for which the Community is located. Leaseholder accounts that receive 2 returned
payments from any source
will enter a probationary period and may have restricted payment methods.
14. lndemnig, Hold Harmless. and Attornegs' Fees. Leaseholder shall release, indemnify, defend, and hold harmless Landlord from
and against all claims, actions, demands, liabilities, damages, costs, penalties, losses or
expenses (including without limitation
reasonable attorneys' fees) arising from: (a) any breach or default by Leaseholder in the
performance of any of Leaseholder's covenants
or agreements in this Lease; (b) any misconduct or negligent act or omission of Leaseholder, or of
any Occupant or Guest; (c) any
accident, injury, occurrence or damage in, about or to the Apartment; and (d) to the extent caused in whole or in part
by Leaseholder
(or by any Occupant or Guest), any accident, injury, occurrence or damage in, about or to the Community. Leaseholder
acknowledges
and agrees that if any federal, state, county, city or other municipality statute, ordinance, rule or case law
provides that Leaseholder is
entitled to recover their reasonable attorney's fees, costs and disbursement in any action Leaseholder is entitled to
bring against
Landlord or the Owner under any such statute, ordinance, rule or case law, then Landlord shall be entitled to recover its
attorney's fees,
costs and disbursements if it is the prevailing party in such action
brought by Leaseholder under the same circumstances as Leaseholder.
Separately, in the event the Landlord commences any legal action against the Leaseholder to enforce this Lease, including but not
limited to an eviction action, the Leaseholder shall be responsible to
pay the Landlord's hard costs in filing any such claim, including but
not limited to court fees, service fees, writ fees, and sheriff fees, plus attorneys' fees
up to $1,500.00.
15. Notices. Unless othenlvise provided by law, any and all notices to be delivered to Leaseholder
pursuant to this Lease or otherwise
shall be deemed delivered and received by Leaseholder when slid under the
Apartment door, taped to the Apartment door, handed to
any Leaseholder, emailed to any Leaseholder, texted to any Leaseholder, or mailed to any Leaseholder at the Apartment address by U.S.
Mail or Certified Mail or mailed to any fonivarding address provided by Leaseholder. Leaseholder shall
provide and always maintain an
updated email address and phone number with Landlord. Leaseholder shall also provide an emergency contact
including name, address,
email, and phone number to Landlord.
16. Renters Insurance. The Landlord's property and liability insurance does not protect Leaseholders,
Occupants or Guests against
any loss or damage to personal Property from any cause or cover any liability for loss or damage caused by Leaseholder's actions or
C E NT E R S PAC E
Lease Agreement 10-01-2023
31317,;-
Page 3 of 24
Document digitally signed using RENTCafe eSignature services. Document ID: l086846
19AV-CV-24-1691
Filed in District Court
State of Minnesota
6/26/2024 10:26 AM
those of any Occupants or Guests. Leaseholder is liable to the Landlord and others for loss or damage caused by Leaseholdefs actions
or those of any Occupants or Guests. Leaseholder agrees to maintain, at Leaseholder's sole expense, during the Term of the Lease and
any subsequent Leases, including month-to-month terms, a Renters Insurance policy satisfying all requirements set forth in this Section
and Leaseholder agrees to provide accurate and current evidence of such Renters Insurance to Landlord. Leaseholder understands and
agrees that Landlord may have a third-party assist Landlord in obtaining, reviewing, and performing certain Landlord evidence of the
Renters Insurance. To ensure minimum protection against any such liability, Leaseholders are required to maintain an insurance policy
with (a) an insurance company acceptable to Landlord, (b) minimum coverage of $100,000 in personal liability insurance coverage, (c)
inclusion of coverage for all Community damage and/or any bodily harm arising from or related to Leaseholder's or Occupants or
Guests, (d) All leaseholders occupying the dwelling must be listed on the policy of record (e) "Additional Interest" listed as: Centerspace,
LLP, (f) policy change notifications delivered to the "Additional Interest" party. If Leaseholder fails to provide valid and approved proof
of Renters Insurance to Landlord, or fails to maintain a valid and approved Renters Insurance policy, Leaseholder shall pay to Landlord,
on a monthly basis or at any time no evidence of insurance is on file with the Landlord, a "Renters Insurance Exemption/Non-
Compliance Fee" defined above. The Exemption Fee is a flat, non-prorated amount and shall be deemed to be additional Rent. The
Exemption Fee is not insurance or a waiver of Leaseholder's liability for damages or injuries. Leaseholder acknowledges that Agents of
Landlord are not insurance agents and cannot advise on this insurance requirement or where to obtain insurance. At Leaseholder's
discretion and sole expense, Leaseholder may also purchase additional Renters Insurance which covers Leaseholder's personal property
and belongings.
17. Parking. Landlord has the right to regulate the time, manner, and place of parking of all cars, trucks, motorcycles, bicycles,
trailers, and recreational vehicles at the Community (collectively, "Vehicle"). Leaseholder has the right to use, in common with other
Leaseholders and guests, any unrestricted parking areas located at the Community. Landlord has the right to designate the
parking
areas of the Community as either restricted or unrestricted. Neither Leaseholder (nor any Occupant or Guest) shall have
any right to use
any restricted parking area at the Community unless such right has been specifically granted to Leaseholder by a separate Parking
Addendum to this Lease. Leaseholder assumes the risk of using such parking at the Community and Landlord is not
responsible for any
loss or theft of, or damage to, any vehicles (or the contents thereof) parked at the Community. Landlord has the
right to have any
unauthorized or illegally parked Vehicle towed or removed at the Vehicle owner's expense, without notice, and will not be liable for
any
resulting loss or damage to such Vehicle or personal property during or after the Vehicle is towed or removed. A Vehicle unauthorized
or illegally parked include, but is not limited to, (a) a Vehicle with a flat tire, missing wheels, or
up on blocks; (b) a Vehicle without a
current license plate; (c) a Vehicle parked outside designated areas or in prohibited areas; (d) a Vehicle
belonging to a former
Leaseholder; or (e) a Vehicle owned by a Leaseholder, Occupant or Guest after Landlord or emergency personnel have given reasonable
notice to move the Vehicle for emergency services, maintenance, or snow removal. Leaseholder agrees to use authorized
Preview
19AV-CV-24-1691 Filed in District Court State of Minnesota 6/26/2024 10:26 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: HOUSING Centerspace, LP, Plaintiff, vs. COMPLAINT Martin Ruiz Hernandez (dob unknown), John Doe, Jane Doe, Defendant. Parties 1. Plaintiff is Centerspace, LP. Plaintiff is a Landlord as that term is defined in Minn. Stat. § 504B.001, Subd. 7. 2. Defendant is Martin Ruiz Hernandez. Defendant is a Residential Tenant as that term is defined in Minn. Stat. § 504B.001, Subd. 12. The Lease 3. There is a written lease between the parties and it is attached to the Complaint as Exhibit A. 4. The address of the property in the Lease is 3395 Yankee Doodle Lane #106, garage #G041, and storage #B-12, in the City of Eagan, County of Dakota, State of Minnesota, Zip Code 55122. 5. The tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the section 8 program; the LIHTC program or any other similar program. 1 19AV-CV-24-1691 Filed in District Court State of Minnesota 6/26/2024 10:26 AM Conditions Precedent 6. All necessary conditions precedent have been performed or have occurred. 7. Plaintiff has complied with Minn. Stat. § 504B.181 by: a. disclosing to tenant either in the rental agreement or otherwise in writing prior to the beginning of the tenancy the name and address of: 1) the person authorized to manage premises; and 2) an owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands, AND b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information in the lease, OR c. the above information is known by or has been disclosed to the tenant not less than 30 days before the filing of this action because of communications from landlord. Count 1: Eviction – Hold Over as a Matter of Law in Violation of Minn. Stat. § 504B.206 Subd. 3(b) 8. Defendant had a co-tenant on the current lease. 9. Defendant’s co-tenant exercised her right in accordance with Minn. Stat. § 504B.206 Subd. 1. 10. Defendant’s co-tenant’s lease was terminated in accordance with Minn. Stat. § 504B.206 Subd. 1 on May 31, 2024. 11. In accordance with Minn. Stat. § 504B.206 Subd. 3(b), Defendant’s lease terminates as a matter of law on May 31, 2024. 12. Any lease governing all tenants in a lease in accordance with Minn. Stat. § 504B.206 Subd. 3 is terminated at the later end of the month or the end of the rent interval in which on tenant terminates under Minn. Stat. § 504B.206 Subd. 1. 13. Defendant is holding over in violation of Minn. Stat. § 504B.206 Subd. 3(b). 14. Defendant continues to be liable for all rent even after his unlawful holdover. 2 19AV-CV-24-1691 Filed in District Court State of Minnesota 6/26/2024 10:26 AM Count 2: Eviction – Non-payment (In the Alternative) 15. A detailed, itemized accounting or statement listing the amounts owing is attached to this Complaint as Exhibit B. 16. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly delivered. That notice is attached to this Complaint as Exhibit C. 17. In addition to the arrearages identified in the immediately preceding paragraphs, pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored to possession, Defendant(s) may be required to pay to the landlord or bring to court the amount of the rent that is in arrears, with interest, costs of the action, and an attorney’s fee not to exceed $5, and by performing any other covenants of the lease – including amounts that become due during the pendency of this action. 18. The total amount required to redeem the tenancy is $1,232.91 + $377.00 (costs of the action – filing fee and service fee) for a total of $1,609.91, plus any additional amounts, or other covenants of the lease which may become due during the pendency of this action. The amount pled may not include all money owing under the lease. 19. Defendant’s military status is unknown. Request for Relief 1. Plaintiff seeks judgment against Defendant and an Order for possession of the property and the issuance of an immediate Writ of Recovery. 2. Plaintiff seeks all allowable costs and disbursements of the action. I declare under penalty of perjury that everything I have stated in this document is true and correct to the best of my knowledge and belief. Minn. Stat. § 358.116. Dated: June 26, 2024 HANBERY & TURNER, P.A. /s/ Douglass E. Turner Douglass E. Turner, #0279948 33 South 6th St. Suite 4160 Minneapolis, MN 55402 Tele: (612) 353-4388 EM: hnc@hnclaw.com Attorney for Plaintiff 3 19AV-CV-24-1691 Filed in District Court State of Minnesota 6/26/2024 10:26 AM (% LEASE AGREEMENT Community: Bayberry Place, 3395 Yankee Doodle Ln Eagan, MN 55121 Leaseholder(s): Martin Ruiz Hernandez. Irma Flores Cortes Additional Occupans: Leased Dwelling Address: 3395 Yankee Doodle Ln Apt 106, Eagan, MN 55121 Apartment: 3395-106 Lease Term Dates: March 26, 2024 June 25, 2025 - Effective Date: March 26, 2024 Total Monthly Payment: $1,113.00 (Breakdown Below) Fee f 'Monthly Apartment Rent: $1,086.00 56.00 anfs'g:fiifir'"'5tmtwe 'Pest Control Fee: $1.00 Number of Pets: 0 "Animal Rent: $0.00 Number of Assistance Animals: 0 "Parking/Garage Rent: $20.00 Parking/Garage Space: 6041 "Storage Rent: $0.00 Storage Space: 3395-812 One-Time Concession: $0.00 $0.00 "Recurring concession: Other Residential Fee Disclosures (Some of thae are event-based fees, and are not recurring ' ', ,. , but may be applicable during lease Term Dates.) "'Apartment Deposit: $400.00 "'Administrative Fee: $150.00 "'Application Fee: $50.00/person "'Corporate Lease Setup Fee: $375.00 "'Nonrefunclable Pet Fee: $0.00 "'Animal Deposit $0.00 "'Utiiity Account Activation Fee: $15.00 "Utility A "MW"W $15.00 Late Fee: 8.00 '56 Satellite Dish Removal Fee: $200.00 use Fee: $30.00 Rente mmwm'mm $20.00 Responsibility Fee for Utilities: $50.00 Lockout: $300.00 Trash Violation Fee: $50.00 Opener $150.00 Maximum (Varies) ;::{:::4:::?ge Smoking Fee: $500.00 Animal Violation Fee: $300.00 'This amount will be included in Total Monthly i' , | "This will only be included in Total Monthly Payment, if elected by I L "d . (s). l ""' .. ' J One-time Fees Rent is due on the 1" clay of the month, regardless of holidays and/or office closures. lithe account balance is not paid in full by the close of business on the 3rd day of the month, a Late Fee will be charged on the 4th day of the month in the amount of 8.00 36 of the unpaid monthly rent in the amount of the Total Monthly Payment indicated above, or as state regulation allows. Renters insurance Exemption/Non-compiianoe Fee is only charged if acceptable proof of renters insurance Is not on file. Please refer to Utility Addendum for more details on utility fees. One cottons)" ottittynyiiiiaeylentiflad byali'if', Fonntilaindkatot?) or DoiiarA'mountc -' ' This detaii will outiino the reagenxibiiity and payment method for cad: utility type. Uuiity Type Residentto Pay Utility Service Resident to Pay landlord (Variable Resident to Pay Landlord (Flat Cebiefv Utility is Not Applicable Warm X "3-"! , Rate) Electric: RUBS 'II "2' ' .' . .~ "31%. 11"...) 'L ' ' " " :::'?"1':=7' .4. Electric: Sub-metered X _Gai:RUBS 7 ;' D;._, Gas: Sub-metered X ("mm ...::.:3j : Is. ;, , :1; Master ' X PestControi ' ' "' .::. i. ' Stormwater ' . 1.00.9: ~ ri'rashz- 2 : 3' :3 ' .,':.. 31,137.-.." , y 1;. .3»; f'f;"':'.' ;: , VaietTrash WaterlSewenRiiBSZ' " '. ' - * ' ' , , . . . a - Water/Sewer: Sub-nraLered ' N A 1' in" : . 3:2: H: . ;' ":5: g: 1mm. . .. 'See Formuia'lndicator on Utility Addengum'for in ormationon variable rate allocations. b CENTERSPACE wase Agreement 10-01-2023 Page 1 of 24 EXHIBIT A Document digitally signed using RENTCafe eSignatlxre services. Document lD: l086846 19AV-CV-24-1691 Filed in District Court State of Minnesota 6/26/2024 10:26 AM 1. Lease Agreement. This Apartment Lease (the "Lease") is made and entered into between Centerspace LLP ("Landlord"), and each individual listed above in the "Leaseholder" section of the Basic Terms (each, and collectively, "Leaseholder"), as of the date set forth below in Landlord's signature block. Landlord is either the owner of the Community, and/or the authorized managing agent of the Community. In consideration of the mutual covenants set forth in this Lease, Landlord leases the apartment unit identified above (the "Apartmenf') to Leaseholder, and Leaseholder leases the Apartment from Landlord. The Apartment shall be used only as a private residence, and for no other purpose. Leaseholder shall tender the Apartment deposit specified above (the "Apartment Deposit") on or before the date Leaseholder signs this Lease. Authorized Manager and Landlord authorized to accept service of process and receive and give receipt for notice and demands: Centerspace LLP, Attn: Legal Department 800 LaSalle Plaza, Suite 1600, Minneapolis, Minnesota. 2. Subordination. Leaseholder agrees and acknowledges that this Lease is subordinate to any current, subsequent, or future mortgage placed on and secured by the property that is the subject of this lease and Leaseholders authorizes Landlord or the property Owner to execute on behalf of Leaseholder any and all documents necessary to subordinate this Lease. 3. No Oral Agreements. This Lease contains the entire agreement between the parties with respect to the leasing of the Apartment, and there are no oral agreements between the parties. Leaseholder acknowledges that Landlord has not made any oral promises or representations. 4. Occupants and Guests. The Apartment may only be occupied by Leaseholder and Leaseholders approved occupants, and not by any other individual without Landlord's prior written consent. For purposes of this Lease, "Occupant" shall mean any occupant of the Apartment that has been approved by Landlord, and "Guest" shall mean any guest or other invitee of either Leaseholder or an Occupant. Leaseholder is responsible for the acts and violations of any Occupant or Guest. If this Lease is violated by any Occupant or Guest, then Leaseholder will be deemed to have violated this Lease. Guests shall not stay in the Apartment for more than 10 consecutive days without Landlord's prior written consent. 5. Multiple Leaseholders. If this Lease has more than one Leaseholder, then each Leaseholder is jointly and severally responsible for paying all Rent and other sums due under this Lease. Leaseholder is jointly and severally responsible for all other obligations of the Leaseholder under this Lease. If this Lease is violated by any Leaseholder, Occupant, or Guest, then each Leaseholder will have violated this Lease. Landlord's notice to any individual Leaseholder shall constitute notice to each Leaseholder. 6. No Subleases, Assignment. Leaseholder shall not sublease its interest in this Lease. Any attempted sublease in violation of this Section is null and void and shall constitute a material breach of this Lease. Leaseholder shall not otherwise assign its interest in this Lease without Landlord's prior written consent, which consent Landlord may grant, withhold, or condition in its sole and absolute discretion. Any attempted assignment in violation of this Section is null and void and shall constitute a breach of this Lease. 7. Delay of Occupancy. Landlord is not responsible for any delay in Leaseholder's occupancy of the Apartment caused by construction or any necessary repairs or cleaning, or by the unlawful hold-over of the previous Leaseholder. In such event, this Lease shall remain in full force, subject to abatement of Rent on a daily basis during the delay. If Landlord cannot deliver possession of the Apartment by thirty days following the Lease Commencement Date, then Leaseholder may terminate this Lease after such date by providing a written termination notice to Landlord. Notwithstanding the foregoing, Rent shall not abate, and Leaseholder shall not be entitled to terminate this Lease if the delay is for cleaning or repairs that do not prevent Leaseholder from occupying the Apartment. 8. Lease Term-, Automatic Renewal. The initial minimum term of the Lease is outlined as the Lease Term Dates defined above. This Lease will automatically renew on a month-to-month basis unless either party gives at least 60 days' written notice of termination or intent to move out at the end of the lease term. Any termination notice by Leaseholder pursuant to this Section shall comply with all the requirements of a "Move-Out Notice" that are set forth below. In the event the lease is renewed on a month-to-month basis, rent will be adjusted to current month-to-month rental rate. 9. Lease Changes. No rent increases or changes to the Lease shall occur before the initial Lease Termination Date, unless agreed to by both parties in writing, except for Landlord's reasonable changes to the Community Rules of the Lease, Addenda and/or the Resident Handbook. If this Lease automatically renews on a month-to-month basis, then Landlord may change any of the terms of this Lease, CENT-E RSPAC E Lease Agreement 10-01-2023 Page 2 of 24 Document digitally signed using RENTCafe eSignature services. Document ID: 1086846 19AV-CV-24-1691 Filed in District Court State of Minnesota 6/26/2024 10:26 AM including increasing Rent, as of the first calendar day following the initial lease termination date. The Lease will be deemed modified as of the specified date, without necessity of Leaseholder's signature, unless Leaseholder provides its termination notice. 10. Rent Leaseholder shall pay to Landlord the Total Monthly Payment and all other charges set forth above in advance and without offset or deduction, commencing on the Lease Start Date, and continuing on the first day of each calendar month during the term of this Lease. Leaseholder shall pay all Rent to Landlord at such place and in such manner as Landlord may from time to time designate in writing. Leaseholder shall pay all Rent without Landlord's previous demand, invoice or notice for payment. Landlord and Leaseholder will prorate Rent, on a per diem basis, for any partial month within the term of the Lease. Leaseholder shall pay Rent electronically as set forth below. Leaseholder agrees to remit payment for the full balance clue on the account, including rent and any additional charges. At Landlord's option, Landlord may apply money received from Leaseholder first to any of Leaseholder's unpaid obligations, and then to current Rent. Leaseholder's obligation to pay Rent is independent from any of Landlord's covenants, obligations, warranties or representations in this Lease and failure to pay Rent when due is deemed a material breach of this Lease. Leaseholder agrees and understands that the payment of rent is not proportional in any way to the use or availability of any community amenity of any kind, but for the use and occupancy of the Apartment identified above. 11. Utilities paid by leaseholder. Leaseholder agrees to pay for all utilities, utility deposits, charges, fees, or service charges for all utilities monthly and will not allow utilities to be disconnected or service interrupted until the lease term or Leaseholder possession ends. Payments made may be applied to all outstanding balances before current balances. If any specific utilities are billed to Community and then divided and billed to Leaseholder, Landlord will attach a Utility Addendum to this Lease. 12. Electronic Fund Transfer; ACH Check Conversion. Unless otherwise agreed in writing, Leaseholder acknowledges that all Rent shall be paid by electronic fund transfer using ACH, Debit Card, Credit Card and/or Cash Payment Program. Leaseholder agrees to pay any fees associated with payment processing. 13. Delinguent Pyments; ReiectedlReturned Payment Fee. lf Leaseholder does not pay Rent on or before the date listed above, then Leaseholder shall be in default under this Lease, and Leaseholder shall also pay Landlord a late fee based on the balance of the monthly unpaid rent, including pet, garage, storage, and other additional rental fees, as set forth above. A late fee must be included with the delinquent rent payment. Leaseholder acknowledges and agrees that said late fee is liquidated damages, is fair, and reasonable. Leaseholder shall also pay a fee for each returned check or rejected automatic electronic draft. The fee amount shall not exceed state restrictions for which the Community is located. Leaseholder accounts that receive 2 returned payments from any source will enter a probationary period and may have restricted payment methods. 14. lndemnig, Hold Harmless. and Attornegs' Fees. Leaseholder shall release, indemnify, defend, and hold harmless Landlord from and against all claims, actions, demands, liabilities, damages, costs, penalties, losses or expenses (including without limitation reasonable attorneys' fees) arising from: (a) any breach or default by Leaseholder in the performance of any of Leaseholder's covenants or agreements in this Lease; (b) any misconduct or negligent act or omission of Leaseholder, or of any Occupant or Guest; (c) any accident, injury, occurrence or damage in, about or to the Apartment; and (d) to the extent caused in whole or in part by Leaseholder (or by any Occupant or Guest), any accident, injury, occurrence or damage in, about or to the Community. Leaseholder acknowledges and agrees that if any federal, state, county, city or other municipality statute, ordinance, rule or case law provides that Leaseholder is entitled to recover their reasonable attorney's fees, costs and disbursement in any action Leaseholder is entitled to bring against Landlord or the Owner under any such statute, ordinance, rule or case law, then Landlord shall be entitled to recover its attorney's fees, costs and disbursements if it is the prevailing party in such action brought by Leaseholder under the same circumstances as Leaseholder. Separately, in the event the Landlord commences any legal action against the Leaseholder to enforce this Lease, including but not limited to an eviction action, the Leaseholder shall be responsible to pay the Landlord's hard costs in filing any such claim, including but not limited to court fees, service fees, writ fees, and sheriff fees, plus attorneys' fees up to $1,500.00. 15. Notices. Unless othenlvise provided by law, any and all notices to be delivered to Leaseholder pursuant to this Lease or otherwise shall be deemed delivered and received by Leaseholder when slid under the Apartment door, taped to the Apartment door, handed to any Leaseholder, emailed to any Leaseholder, texted to any Leaseholder, or mailed to any Leaseholder at the Apartment address by U.S. Mail or Certified Mail or mailed to any fonivarding address provided by Leaseholder. Leaseholder shall provide and always maintain an updated email address and phone number with Landlord. Leaseholder shall also provide an emergency contact including name, address, email, and phone number to Landlord. 16. Renters Insurance. The Landlord's property and liability insurance does not protect Leaseholders, Occupants or Guests against any loss or damage to personal Property from any cause or cover any liability for loss or damage caused by Leaseholder's actions or C E NT E R S PAC E Lease Agreement 10-01-2023 31317,;- Page 3 of 24 Document digitally signed using RENTCafe eSignature services. Document ID: l086846 19AV-CV-24-1691 Filed in District Court State of Minnesota 6/26/2024 10:26 AM those of any Occupants or Guests. Leaseholder is liable to the Landlord and others for loss or damage caused by Leaseholdefs actions or those of any Occupants or Guests. Leaseholder agrees to maintain, at Leaseholder's sole expense, during the Term of the Lease and any subsequent Leases, including month-to-month terms, a Renters Insurance policy satisfying all requirements set forth in this Section and Leaseholder agrees to provide accurate and current evidence of such Renters Insurance to Landlord. Leaseholder understands and agrees that Landlord may have a third-party assist Landlord in obtaining, reviewing, and performing certain Landlord evidence of the Renters Insurance. To ensure minimum protection against any such liability, Leaseholders are required to maintain an insurance policy with (a) an insurance company acceptable to Landlord, (b) minimum coverage of $100,000 in personal liability insurance coverage, (c) inclusion of coverage for all Community damage and/or any bodily harm arising from or related to Leaseholder's or Occupants or Guests, (d) All leaseholders occupying the dwelling must be listed on the policy of record (e) "Additional Interest" listed as: Centerspace, LLP, (f) policy change notifications delivered to the "Additional Interest" party. If Leaseholder fails to provide valid and approved proof of Renters Insurance to Landlord, or fails to maintain a valid and approved Renters Insurance policy, Leaseholder shall pay to Landlord, on a monthly basis or at any time no evidence of insurance is on file with the Landlord, a "Renters Insurance Exemption/Non- Compliance Fee" defined above. The Exemption Fee is a flat, non-prorated amount and shall be deemed to be additional Rent. The Exemption Fee is not insurance or a waiver of Leaseholder's liability for damages or injuries. Leaseholder acknowledges that Agents of Landlord are not insurance agents and cannot advise on this insurance requirement or where to obtain insurance. At Leaseholder's discretion and sole expense, Leaseholder may also purchase additional Renters Insurance which covers Leaseholder's personal property and belongings. 17. Parking. Landlord has the right to regulate the time, manner, and place of parking of all cars, trucks, motorcycles, bicycles, trailers, and recreational vehicles at the Community (collectively, "Vehicle"). Leaseholder has the right to use, in common with other Leaseholders and guests, any unrestricted parking areas located at the Community. Landlord has the right to designate the parking areas of the Community as either restricted or unrestricted. Neither Leaseholder (nor any Occupant or Guest) shall have any right to use any restricted parking area at the Community unless such right has been specifically granted to Leaseholder by a separate Parking Addendum to this Lease. Leaseholder assumes the risk of using such parking at the Community and Landlord is not responsible for any loss or theft of, or damage to, any vehicles (or the contents thereof) parked at the Community. Landlord has the right to have any unauthorized or illegally parked Vehicle towed or removed at the Vehicle owner's expense, without notice, and will not be liable for any resulting loss or damage to such Vehicle or personal property during or after the Vehicle is towed or removed. A Vehicle unauthorized or illegally parked include, but is not limited to, (a) a Vehicle with a flat tire, missing wheels, or up on blocks; (b) a Vehicle without a current license plate; (c) a Vehicle parked outside designated areas or in prohibited areas; (d) a Vehicle belonging to a former Leaseholder; or (e) a Vehicle owned by a Leaseholder, Occupant or Guest after Landlord or emergency personnel have given reasonable notice to move the Vehicle for emergency services, maintenance, or snow removal. Leaseholder agrees to use authorized