Preview
27-CV-HC-24-4310
Filed in District Court
State of Minnesota
6/26/2024 5:38 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: HOUSING
Yellow Tree Property Management, LLC,
Plaintiff,
vs. COMPLAINT
Parvin Jaipat (dob 6/11/1990),
John Doe, Jane Doe,
Defendant.
Parties
1. Plaintiff is Yellow Tree Property Management, LLC. Plaintiff is a Landlord as that
term is defined in Minn. Stat. § 504B.001, Subd. 7.
2. Defendant is Parvin Jaipat. 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 3806 24th Avenue South #402, in the City
of Minneapolis, County of Hennepin, State of Minnesota, Zip Code 55406.
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.
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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 – Non-payment
8. A detailed, itemized accounting or statement listing the amounts owing is attached to
this Complaint as Exhibit B.
9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly
delivered. That notice is attached to this Complaint as Exhibit C.
10. 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.
11. The total amount required to redeem the tenancy is $1,477.71 + $377.00 (costs of the
action – filing fee and service fee) for a total of $1,854.71, 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.
12. Defendants’ military status is unknown.
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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 24, 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
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Yellow Tree Property Management
1834 E. 38th St. • Minneapolis, MN 55407
(612) 275-7210 (Office)
(651) 377-2900 (After Hours Emergency Maintenance)
1. Reference Pages
1.1 APARTMENT COMMUNITY
Rental Community: Overland Apartments
Apartment Unit Address ("Apartment"):
3806 24th Avenue S. #402
Minneapolis, MN 55406
Date: 08/23/2023
1.2 LANDLORD & PROPERTY MANAGER
Landlord: Overland Apartments
Property Manager: Yellow Tree Property Management LLC
1.3 APARTMENT DETAILS
Apartment Unit: #402
Lease Start Date: 10/01/2023 ("Start Date")
Lease End Date: 11/30/2024 ("End Date") (at noon on the last day of the lease)
Duration of Apartment Lease Contract: 14 months or Month-to-Month
Move-In Date: 10/01/2023
1.4 RESIDENTS & OCCUPANTS
"Residents" (Legal names of all who are legally obligated to this Lease):
Parvin Jaipat
Additional "Occupants" (List all other persons who will be residing in the home):
CO-SIGNER: Check here if applicable: Co-Signer
All Residents and Occupants listed above are collectively referred to in this Lease as “Resident” except that Occupants have no
contractual obligation to perform any financial covenants under this Lease.
1.5 NOTICE PERIOD REQUIRED
Resident must provide Landlord with two full months’ written notice of Resident’s intention to terminate the Resident’s Lease prior to
the expiration of the Lease’s stated Term. Resident acknowledges that the two full months' written notice applies to Month-to-Month
lease terms as well.
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EXHIBIT A
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1.6 LEASE PAYMENTS & RENT
Monthly Rental Payment of: $1,420.00 is to be paid in full on or before the first day of each month. Residents total Monthly Lease Charges
(Collectively "Rent") may be more than Resident's Monthly Rental Payment outlined above. If total Rent is not received in full by 4:00 p.m.
on the 4th day of the month, Management may charge a fee up to 8% of the Monthly Lease Charges.
Monthly Lease Charges:
Monthly Unit Rent $1,420.00
Internet Fee $45.00
Trash and Recycling Fee $15.00
Parking Fee $0.00
Storage Fee $0.00
Pet Rent $0.00
Total: $1,480.00
Pro-Rated Move-in Charges:
Total: $$1,480.00
This is a legally binding contract (if not understood, consult an attorney)
Residents understand that they are signing a legally binding contract for 14 Months for a Total Rental Payment of *$$20,720.00 due
under the terms of this Lease.
*Total Monthly Rental Payment may not include ancillary fees & costs other than apartment rent or those items outlined above.
1.7 DEPOSITS & FEES
Deposits Held:
Security Deposit/s: $$1,420.00
The Security Deposit MUST be paid in full within 72-hours of signing the Lease or the Lease may be cancelled at the sole discretion of Management.
Management reserves the right to re-market the Apartment and re-lease the Apartment to another qualified applicant prior to cancelling the Lease for
non- payment of the Security or Additional Deposit/s.
One-time Non-Refundable Fees:
Administration Fee 150.00
Pet Fees
Total: $150.00
Total Deposits & Non-Refundable Fees:
One-time Non-Refundable Fees $150.00
Security Deposit/s $$1,420.00
Total: $1,570.00
Service Charges:
Late Rent Fee: up to 8% of the Monthly Lease Charges
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NSF Fee: $30.00
ALL LATE FEES AND ANY RENT CAN BE WITHELD FROM THE SECURITY DEPOSIT IF NOT PAID UPON MOVE-OUT.
1.8 UTILITIES
Utilities paid by Landlord:
☑ Common Area Utilities
☐ Water/Sewer
☐ Trash/Recycling
☐ Electricity
☐ Gas
☐ Other: Cable/Internet (in-unit services)
Utilities paid by Resident:
☑ Water/Sewer
☑ Trash/Recycling
☑ Electricity/Gas (HEAT/AC)
☑ Other: Cable/Internet (in-unit services)
1.9 REQUIRED STATUTE
The following is required by Minnesota Statutes, Section 504B.181
The company authorized to manage these premises and authorized to accept service of process and receive and give receipts for notices
and demands is: Yellow Tree Property Management LLC, 1834 E 38th Street, Minneapolis, MN 55407, Telephone: 612-275-7210.
1.10 REFERENCE PAGES ACKNOWLEDGEMENT
The information in the Reference Pages is incorporated into and made a part of the Apartment Lease Contract to which it is attached.
Management (acting as Agent for the Owner) and Resident acknowledge and agree to the terms of this Lease as set forth on the
Reference Pages and on any attachments or amendments that may be part of this Lease. In the event of any conflict between any
information in the Reference Pages and the Apartment Lease Contract, the Apartment Lease Contract shall control.
Residents are jointly responsible for all terms and conditions of this Lease. This signed receipt or acknowledgement is prima facie
evidence that the Resident has received a copy of the Lease. Resident acknowledges and agrees that any communications from Landlord
or Management to Resident, including all notices required under this Lease, may be provided by Landlord or Management to Resident
at the email address(es) or telephone number(s) that Resident has provided to Management. It is Resident’s responsibility to provide
Management, in writing, with the Resident’s full and correct email address(es) and telephone number(s) and, in the event Resident’s
contact information changes during the Term of the Lease, Resident agrees to provide, in writing, this same updated information to
Management.
1.11 APARTMENT LEASE CONTRACT DOCUMENTS
The documents below are also attached to and made a part of the Lease for the Apartment identified in the Reference Pages:
Apartment Lease Contract
Utilities and Trash Recycling Addendum
Concession Tracking Data Sheet
Resident Acknowledgement Page
Smoke Free Housing Policy
Crime Free Drug Free Housing Addendum
Insurance Agreement
Pest Control Agreement
Animal License Agreement
Amenity Addendum
Community Rules Policies
1.12 LEAD PAINT DISCLOSURE
This Rental Community Was or Was Not constructed prior to 1978 (if "Was", please see attached Lead Based Paint
Disclosure). N/A
1.13 EQUAL HOUSING
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The Rental Community is a Fair Housing provider. The Rental Community does not discriminate against persons based on race, color,
religion, national origin, sex, familial status, disability, creed, marital status, receipt of public assistance, ancestry, and sexual or
affectional orientation.
1.14 OCCUPANCY GUIDELINES
The maximum number of occupants per Dwelling Unit is as follows:
Studio/Alcove *Two Persons
One Bedroom *Two Persons
Two Bedroom *Four Persons (but no more than three adults)
Three Bedroom *Six Persons (but no more than three adults)
Four Bedroom *Eight Persons (but no more than three adults)
*plus one, if a child is born, adopted, or placed in the home during Resident's tenancy.
1.15 LANDLORD & TENANTS RIGHTS
The Landlords and Tenants: Rights and Responsibilities handbook is written and published by the Minnesota Attorney General’s
Office and is available through their office in alternate formats upon request from:
Office of the Minnesota Attorney General 445 Minnesota
Street Suite 1400
St. Paul, MN 55101
(651) 296-3353 or (800) 657-3787
TTY: (651) 297-7206 or (800) 366-4812
www.ag.state.mn.us
By initialing below, you acknowledge and agree to the terms in Section 1.
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2. Apartment Lease Contract
2.1 PARTIES.
This Apartment Lease Contract (“Lease”) is by and between Landlord and Resident (each individually, a “Resident” and collectively,
“Residents”) identified on the Reference Pages for the rental of the Apartment Unit (referred to as either “Apartment”, “Unit” or
"Dwelling Unit") for use by Resident as a private residence only. If more than one Resident is identified on the Reference Pages, all
Residents are jointly and severally liable for all the terms and provisions of this Lease. The lease of the Apartment includes the exclusive
use of the Apartment in the Rental Community identified on the Reference Pages and the non-exclusive use, together with others, of the
common Areas in the Rental Community (for purposes of this Lease and all amendments and addenda thereto, “ Common Areas” are
those areas within the Rental Community to which Resident has access without going into another apartment within the Rental
Community and those areas to which all residents of the Rental Community have general access). Resident will occupy the Apartment
along with additional occupants listed on the Reference Pages (referred to as either “Occupant” or “Occupants”). Resident
acknowledges and agrees that the Occupants listed on the Reference Pages are required to comply with the terms and conditions of this
Lease, including all Amendments, Addenda, Rules and Policies.
2.2 CONTRACT DOCUMENTS.
Resident acknowledges receipt of all items checked on the Reference Pages and understands that they are part of this Lease, along with
all other Amendments and Addenda that may subsequently become a part of the Lease. Resident represents that Resident has read,
understood and received a copy of this Lease, the Community Rules and Policies, Resident Handbook, and all attached Amendments
and Addenda. Copies of this Lease may be provided to Resident electronically via email. A paper copy of this Lease is available to
Resident upon request.
2.3 LEASE TERM/HOLDOVER.
1. Lease Term. The term of this Lease begins on the Start Date and ends at 12:00 p.m. (noon) on the End Date indicated on the
Reference Pages (“Term”). If Resident fails to vacate the Apartment by noon on the End Date, Resident will be charged a late move-
out charge of
$50.00 per hour for each hour past noon and prior to midnight of the End Date during which the Resident remains in possession of
the Apartment. Commencing at midnight of the End Date, Resident will be deemed a holdover resident and the Holdover
provisions of this Lease will then apply. Even if Landlord cannot deliver timely possession of the Apartment to Resident due to
holdover by another resident, or as the result of some other casualty or delay in occupancy, Landlord will not be liable to Resident
for damages because of the delay. However, no Rent will be due for the period from the Start Date through the date Resident is able
to occupy the Apartment. No other remedy is available to Resident. If Landlord is unable to deliver possession of the Apartment to
Resident within thirty (30) calendar days after the Term’s Start Date, Resident may cancel the Lease by written notice delivered to
Landlord within thirty-five (35) calendar days after the Term’s Start Date. In such event, all sums previously paid by Resident to
Landlord or Management will be refunded to Resident, including any Application Fee, Security Deposit or any other deposit or
Rent.
2. Holdover. If any Resident still occupies the Apartment past midnight on the End Date, the Resident will be in breach of this Lease
and the terms and conditions of this Lease shall remain in full force and effect, except that the monthly Rent will be equal to 120%
of the previous month’s Monthly Rental Payment for the extra time that Resident stays in the Apartment (payable at once in
advance), plus Resident will owe Landlord for all of Landlord’s staffing costs, costs and damages for any rescheduling of vendors
and contractors, including overtime charges, for rescheduling work in the Apartment and costs and damages of any person who
could not move in because of such Resident’s Holdover. The tenancy shall thereafter require thirty (30) days’ written notice to
vacate in the absence of any written agreement to the contrary.
3. Termination. For so long as Resident is not in default under the Lease, Resident may request a termination of the Lease prior to the
End Date by providing a written request to Landlord at least two full calendar months prior to the date on which Resident desires
to terminate the Lease ("Early Termination Date"). Such Early Termination Date may not fall between the last day of September and
the first day of March. Landlord may grant, without or with condition such early termination in Landlord's sole discretion. Any
such conditions may be set out in Landlord's then current form of termination agreement and may include (but my not be limited
to) payment of a lease termination fee in an amount equal to two (2) month's Rent, repayment to Landlord of any rental concessions
granted and current payments of all rent charges through and including the Early Termination Date. Resident will not be required
to pay a lease termination fee if Resident is transferring to another rental community managed by Property Manager and otherwise
satisfies the conditions and pay the fee applicable to such transfer. Termination of the Lease does not release Resident from any
obligations of the Lease which may survive such termination.
4. Military Personnel Clause. If Resident enlists, is drafted or commissioned and on active duty in the Armed Forces of the United
States and receives Military Transfer Papers ("Orders"), the Lease may be terminated. Resident must provide Landlord written
notice of termination with one (1) calendar month written notice. Any notice received during any calendar month will be deemed
effective at the end of the month and the Lease shall terminate at noon on the last day of the following month. A copy of the Orders
shall be provided as proof of transfer with any termination.
5. Failure to Take Possession. If, after fully executing the Lease, Resident fails to take possession of the Apartment and does not pay,
in full, pro-rated or initial monthly rental costs within fifteen (15) days of the Start Date, Landlord may evoke this forced
termination clause ("Forced Termination") with a one (1) calendar month written notice to Resident. The Forced Termination will
terminate the Lease upon the expiration of the notice period outlined in this Section 2.3.5 maintaining, however, all rights afforded
to Landlord in the Remedies Section herein. Resident agrees to pay a termination fee equal to two (2) month's Rent. All other
charges and fees including, but not limited to; monthly rent, utilities, and late fees due under the terms of the Lease and outlined
on the Reference Pages will be charged to Resident from the Start Date through the termination of the Lease per this Forced
Termination. Landlord, upon giving Resident notice of Forced Termination herein, can immediately begin re-marketing the
Apartment to mitigate Landlords losses and damages.
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2.4 RENT AND ADDITIONAL CHARGES/PARTIAL PAYMENTS.
1. Payment of Rent and Additional Charges. Rent, together with any incidental fees or charges that Resident may owe to Landlord
from time to time, is due and payable to Landlord in full in advance on the first day of each calendar month through the End Date
of the Term of the Lease. Resident will pay the first month’s Rent prior to Resident moving in. If the Start Date is other than the first
day of a month, Resident’s first month’s partial Rent will be prorated as itemized on the Reference Pages.
Resident’s payments to Landlord may be made by any one of the following methods: (i) mailing the Rent payment to the
Landlord’s mailing address on the Reference Pages of this Lease; (ii) processing the Rent payment using Management’s online
electronic payment portal; (iii) hand delivering the Rent payment to Management in the Rental Community’s designated
Management Office during the office’s normal business hours, or (iv) placing the Rent payment in a rent drop box located near the
Rental Community’s on-site Management Office, if applicable.
If any portion of Resident’s monthly Rent payment is not received by 4:00 p.m. on the 4th day of a month that it is due, the Rent
will be considered late and the Resident will be assessed a late charge of 8% of the outstanding balance (“Late Fee”). Resident
also agrees to pay a service charge to Landlord of $30.00 for any Resident check (i) returned by Resident’s bank due to there being
non-sufficient funds in Resident’s account to clear the check (“NSF”); (ii) dishonored by Resident’s Bank, or (iii) returned by
Resident’s bank or issuing third-party vendor for any other reason.
Payments must be made payable to Landlord. Cash will not be accepted under any circumstances. Rent may be paid by personal
check, certified or cashier’s check, money order, traveler’s check or credit card. Resident acknowledges that a $2.50 administrative
fee will be charged for any payment not received electronically by Landlord. Resident further acknowledges that Resident’s checks
may be deposited into Management’s checking account electronically using an Electronic Fund Transfer (“EFT”) process through
the Automated Clearing House (“ACH”) network, which process would immediately debit Resident’s checking account. Resident’s
delivery of any check to Management authorizes Management to make a one-time electronic fund transfer from Resident’s account.
All credit card payments will be subject to a service charge in an amount determined by the credit card servicing vendor used by
Landlord.
RESIDENT HAS NO RIGHT TO WITHHOLD RENT FOR ANY PURPOSE, even an act of God, or to reduce any Rent payable to
Landlord by any of Resident’s costs or damages against Landlord. At Landlord’s option, Landlord can require that all money
payable to Landlord is to be paid in certified or cashier’s check, money order or bank ACH transfer. Landlord will not accept
personal checks after the Rent is late. In the event two or more checks are returned due to NSF, Landlord shall thereafter require
that all monies paid by Resident during the remainder of the Term of the Lease must be paid in certified or cashier’s check.
Resident’s obligation to pay Rent is a promise by Resident, which is independent from all of Landlord’s promises, duties and
obligations. If Rent is not received by 4:00 p.m. on the 10th day of any month that it is due, an eviction action for non-payment of
Rent may be filed with County (where property is located) County District Court. If Landlord files an eviction action, Resident will
be responsible for all costs incurred, whether or not Resident is actually evicted.
2. Partial Payments. It is Management’s practice to not accept partial payment of Rent or other charges owed by a Resident to
Management. At Landlord’s discretion, Landlord can accept a partial Rent payment, but by doing so, Landlord does not waive
Landlord’s right to file an eviction or to otherwise enforce its rights under this Lease if the remainder of the Rent is not paid on
time. All Residents on this Lease are fully liable, jointly and severally, for the entire Rent, not just a proportionate share thereof.
2.5 OCCUPANCY/USE/SUBLETTING/GUESTS.
1. Occupant/Use/Subletting. Only the person(s) listed on this Lease as Resident and/or Occupant may occupy the Apartment during
the Term of this Lease. No other persons may live, use, regularly stay, or “share” the Apartment. Resident is not permitted to allow
any non-Resident to stay in the Apartment or in the Rental Community through any private or public home sharing, room letting,
swapping, vacation rental, bartering or any other accommodation sharing or similar service, whether long term or short term (by
way of non-exclusive example: VRBO.com, homeaway.com or Airbnb.com). Any Resident who makes such an arrangement or
allows an individual to stay in an Apartment or in the Rental Community is in breach of the Lease. Landlord has the right at all
times during the Term to confirm the identity of Resident, or other persons in the Rental Community, in accordance with the
Community Rules and Policies. If a person is found to be staying, regularly using or spending the night in the Apartment who is
not a Resident or Occupant approved by Landlord, or if Resident provides Resident’s keys or access device to a non-Resident or to
any other unapproved Occupant without the knowledge and pre-approval of Management, Resident will be in breach of the Lease.
Persons who are not listed as Resident or approved Occupants may not receive mail or packages at the Rental Community. It is a
breach of this Lease for Resident to allow a non-Resident or unapproved Occupants to receive mail or any package at the
Apartment or Rental Community. Management reserves the right to give any mail or package carrier direction to refuse to provide
delivery service to any recipient that is not an authorized or approved Resident or Occupant of the Apartment. Only the persons
identified as Resident on the Reference Pages shall be issued Certificates of Rent Paid per Minnesota Statutes. The Apartment will
be used only for normal residential purposes. Resident may not assign or sublet any part of the Apartment or give accommodations
to any roomers without Landlord’s prior written consent, but the giving of Landlord’s consent is at Landlord’s sole discretion.
Even if Landlord agrees to an assignment or sublease, Resident will remain liable for all Rent and other obligations under this
Lease unless Landlord specifically agrees, in writing, to release Resident. Landlord’s consent to one or more assignments or
subleases will not be a waiver of Landlord’s rights of consent to any future assignment or sublease. Any breach of the provisions of
this Occupant/Use/Subletting Section shall be incurable, and, at Landlord’s sole discretion, any Resident in breach of any of the
obligations of this Section may be immediately evicted.
2. Guest Restrictions. All guests staying for an extended stay (i.e. longer than seven (7) consecutive nights) must be pre-registered
with
Management prior to arrival. Resident agrees to obey and to require that guests comply with all Lease and Community Rules and
Policies pertaining to use of the Apartment, the Rental Community and Common Areas. Management or Landlord reserves the
right to exclude Resident’s guests from the Apartment and Rental Community by giving such guests a trespass notice and advising
Resident that such guests are no longer permitted at the Resident’s Apartment or the Rental Community if such guests have
violated provisions of the Lease or Community Rules and Policies, or are reasonably believed to pose a danger to the property,
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health, safety, morals, or quiet enjoyment of the Rental Community, neighbors, or agents of Landlord or Management. Grounds for
such exclusions include, but are not limited to (i) when a guest has previously lived at the Rental Community but was evicted; (ii) if
a guest has an illegal history of convictions for crimes against persons, property or drug offenses; (iii) if Management is asked by
local law enforcement officers to take action against a guest, or (iv) if a guest engages in actions or conduct at the Rental
Community that constitute a breach of the Lease or other policies of Management. Guests are only allowed to use Common Areas
and Rental Community amenities when accompanied by a Resident.
3. Guest Access. Resident must never give Apartment keys or access devices to a guest or any other individual. Resident can
authorize Management to open Apartment doors to allow access to guests or other third party by first delivering to Management a
signed release. Management reserves the right, in its sole discretion, to refuse to allow access to the Rental Community, the
Apartment Building or the Apartment to any non-Resident, occupant, guest or invitee of Resident.
2.6 NOISE/BEHAVIOR.
Resident promises not to disturb other residents or Management. Resident or any guest or visitor of Resident will not make any
boisterous, unruly or thoughtless noises, or engage in any conduct or action that will interfere with the peaceful enjoyment of the
Apartment or Rental Community, rights, comforts, or convenience of other residents or will disturb other residents. Resident and any
guest or visitor of Resident shall refrain from using loud voices, yelling or use of vulgar or offensive language, actions or gestures.
Televisions, radios, stereos, surround sound systems, computers, music or games players/systems shall have volume and bass levels
adjusted so as not to disturb other residents. Resident may not own or operate exercise equipment, or play musical or other rhythm
instruments, in a way that causes a noise or vibration disturbance for other residents. Resident shall not interfere in the management and
operation of the Apartment or Rental Community. Resident shall not engage in or allow any guest to engage in harassing, threatening or
discriminatory conduct directed at Landlord, Management, their representatives or agents, other residents or their guests.
2.7 ILLEGAL ACTIVITY.
Illegal activity is prohibited in, on, or about the Apartment and Rental Community.
2.8 NOTICE TO VACATE.
Management will NEVER assume Resident is moving out at the end of the Term of the Lease and WILL NOT re-lease the Apartment
to future tenant without Resident providing a Notice To Vacate. Failure of Resident to provide notice under the Terms of this Lease will
result in a Holdover as outlined in Section 2.3 above. Resident shall provide written notice to Landlord of Resident’s intention to either
vacate the Apartment or sign a new lease at least TWO CALENDAR MONTHS prior to the Lease End Date, with the notice being
effective as of the last day of the month following the two calendar months after notice is received. Resident’s notice may not terminate
the Lease sooner than the End Date of the Lease. The notice required by this Notice to Vacate Section must be provided even if Resident
intends to vacate the Apartment on the End Date of the Lease. If Resident vacates the Apartment but does not provide proper notice,
Resident shall be liable for Rent and all Utilities and other Lease obligations through the end of the proper notice period or End Date of
this Lease, whichever is later.
2.9 ANIMALS.
Animals are not allowed anywhere in, on or about the Rental Community to be kept or to “visit” in the Apartment or the Rental
Community without the prior WRITTEN approval of Management given in advance, after Management’s review and approval of all
required paperwork, which approval may be granted or denied at Management’s sole discretion. “Animal/pet sitting” is not allowed. In
the event Management allows Resident to have an Animal at the Rental Community, or if Resident requires accommodation for a
guide/service or assistance animal due to a disability (which accommodation requirement may be verified by Management), Resident (i)
must sign an Animal License Agreement to Resident’s Lease that specifically identifies the Animal; (ii) shall pay a non-refundable
Animal Fee (except in the case of a guide/service/assistance animal) and additional Animal Rent (except in the case of a
guide/service/assistance animal); (iii) must obtain and maintain general liability insurance that specifically includes animal coverage
and names both Landlord and Management as Additional Insureds as required by Management, and (iv) agrees to comply with the
terms and provisions of the Animal License Agreement and the Animals Section of the Community Rules and Policies.
2.10 INSURANCE.
Resident shall maintain general liability insurance for the Term of the Lease as set forth on the Insurance Agreement. Resident is advised
that the casualty (also known as property) insurance of Landlord on the Apartment Building does not cover any damages or losses to
Resident’s personal property that may occur from accidents, casualties, acts of God, theft, wrongful action of third parties, Garage door
malfunctions, fire, flood, water leaks, sewer back up, etc. Resident shall obtain Resident’s own renters insurance coverage to provide
protection against loss or injury to Resident’s own self, personal property, interruption of use of the Apartment, or moving costs. Failure
to maintain the appropriate levels of insurance as outlined in the Insurance Agreement will result in a $50/month fine for non-
compliance.
2.11 MOVE-IN.
By signing this Lease, Resident acknowledges that Resident has accepted the Apartment, has had an opportunity to inspect the
Apartment or one like it, and that no promises have been made about any changes in decorating, appliances or fixtures, unless such
changes are in a writing signed by Landlord or Management and Resident. An Inventory and Condition Form/Move-In Checklist
("Checklist") has been provided with this Lease. Resident agrees to document any defects or damage in the Apartment by returning the
Checklist to Management within seventy-two (72) hours of move in. Any damages or deficiencies noted on the Checklist are not
considered a request for repair or service unless Resident also submits a work order or request for service. Resident's completion and
return of the Checklist to Management is Resident’s acknowledgement of the move-in condition of the Apartment. The Checklist as
completed by any one Resident will be deemed binding and conclusive as to the condition of the Apartment on all Residents. If Resident
does not return the Checklist as required by this Move-in Section, Resident acknowledges that the Apartment was received in good
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27-CV-HC-24-4310
Filed in District Court
State of Minnesota
6/26/2024 5:38 PM
condition with no repairs, defects, or pre-existing damages.
2.12 MOVE-OUT.
1. If Resident moves out prior to the End Date, Resident will remain liable for all obligations under this Lease. Resident will be
responsible for monthly installments of Rent, other charges, and Utilities that are Resident’s responsibilities through the end of the
Lease Term or the Notice Period, whichever is later. When Resident moves out, whether on or prior to the End Date, the Apartment,
including all windows, floors, walls, bathrooms, appliances and kitchen in the Apartment, must be clean with no damage beyond
ordinary wear and tear. Resident must follow the move-out instructions provided by Management, and Management shall inspect
the Apartment to determine whether Resident has caused any damage to the Apartment beyond normal wear and tear. If the
Apartment is not left in the required condition, or if the Apartment has been damaged beyond ordinary wear and tear, Resident will
be liable for the charges listed on the "Move-Out Guide" and/or reasonable charges to complete such cleaning, service work, repair
or replacement as Management or Landlord deem necessary, even if the amount of such damage exceeds the amount of any Security
Deposit. Resident has the option to be present at the move-out inspection at such time specified by Management. If Resident chooses
not to be present, Resident agrees to accept Management’s assessment of damages and charges after Management’s inspection.
Resident must timely return all keys, access devices, door openers, and other access materials, or be responsible for all (then
applicable) replacement charges for not returning all such materials. If Resident leaves any of Resident’s personal property in the
Apartment after the End Date or earlier termination of the Lease, Management and Landlord will be entitled to charge for the costs
of removing and storing such personal property for the time period required by State law. At the end of the time period required to
store the personal property, Management and Landlord shall dispose of the personal property in accordance with State law. Any
damage to Resident’s Apartment and/or any damage to the Common Areas caused by Resident, Resident’s guests or invitees, are
the Resident’s responsibility. Failure to pay any charges assessed by Management or Landlord for repair of such damage is a default
under the Lease.
2.13 SECURITY DEPOSIT.
Resident shall pay to Landlord a Security Deposit in the amount stated on the Reference Pages as partial security for all of Resident’s
obligations under this Lease. The Security Deposit will not be Landlord’s limit of damages and Resident shall be responsible for all
amounts due under this Lease, including all of Landlord’s and Management’s costs of labor and materials for cleaning, servicing,
repairing or replacing any item in the Apartment or Rental Community’s Common Areas which results from any of Resident’s, their
guests’ or invitees’ actions and constitutes unreasonable wear and tear or damage. Notice is hereby given that additional charges for
removal of biohazardous wastes such as blood, body waste or other body fluids, painting, cleaning or deodorizing relating to staining or
removing odors associated with animals, smoking, cooking or grease, incense or similar substances, are not considered “ordinary wear
and tear” and additional charges will be assessed. Notice is given under Minnesota Statute §504B.178, Subd. 8, that withholding the last
month’s Rent on the grounds that the Security Deposit should serve as payment for the Rent can subject Resident to the penalties and
interest set forth in the Statute. Resident cannot use the Security Deposit to offset or pay in advance any month’s Rent or any other
charges under this Lease, but Landlord may use all or any part of the Security Deposit for any unpaid obligations. Resident shall notify
Landlord and Management of Resident’s forwarding address for delivery of any unused portion of the Security Deposit. Provided
Resident has provided Landlord and Management with a forwarding address, Landlord and Management shall, within the statutory
limitations of time after the termination of the tenancy, return any unused portion of the Security Deposit to Resident or, if Landlord
deducts any amount from the Security Deposit, to provide to Resident a description and itemized listing of deductions that Landlord has
taken from the Security Deposit. Any unused portion of the Security Deposit will be returned to Resident at the address of the
Apartment unless Resident has provided Landlord and Management with a forwarding address as set forth above. If there is more than
one Resident under this Lease, Landlord shall have no obligation to separately account or pay or divide the Security Deposit but may
issue one check to all named Residents. Landlord shall not have any liability or responsibility for sending a check to multiple forwarding
addresses but may send a Security Deposit Disposition Notice, and any check owed, to the first forwarding address received, or if no
address is timely received, to the Apartment address. Resident’s obligations to pay the charges described in this Security Deposit
Section will survive after the End Date or earlier termination of this Lease.
If Landlord sells the Rental Community, Resident’s Security Deposit will be transferred to the new landlord, and upon such transfer,
Landlord will not have any further liability to Resident for the return of all or any portion of the Security Deposit and Resident must look
to the new landlord. The Security Deposit shall bear interest in accordance with applicable State law. Any interest earned upon the
Security Deposit will be paid, or credited, to Resident as provided by law.
2.14 UTILITIES - ELECTRICITY, GAS AND WATER/SEWER; TRASH REMOVAL/RECYCLING SERVICES.
1. Electric, Gas, Water/Sewer Utilities and Other Services. Resident shall be directly responsible for and must pay for all costs and
services (including any required activation fees and deposits) relating to electric utility service, gas utility service, water/sewer
utility service, trash removal/recycling services, cable TV, internet, local or long-distance telephone services and all associated fees
and billing costs that may be related to or result from Resident’s use and/or consumption of any such services as outlined on the
Reference Pages. Landlord or Management shall have the sole discretion to select the providers for electric and/or gas utility
services provided to the Apartment and to the Rental Community. Resident will contract directly with the electric and/or gas
utility providers for electric and/or gas utility service (“Utilities”) unless otherwise outlined in the “UTILITIES AND
TRASH/RECYCLING ADDENDUM”, if applicable. Prior to the Lease Start Date, Resident must arrange for electric and gas utility
services to begin on or before the Lease Start Date, as applicable. Electric and gas utility services must remain on and will remain
the responsibility of the Resident through the Lease End Date, regardless of whether the Resident may have moved out of the
Apartment, except and unless Resident has sublet the Apartment as approved by Landlord or Landlord has re-let the Apartment
pursuant to the Lease. Failure of Resident to maintain and timely pay for continuous electric and gas service as required herein is a
breach of the Lease.
2. Water/Sewer Utility Services and Trash Removal/Recycling Services. Landlord shall provide water, wastewater and sewer utility
services (hereinafter called “Water/Sewer”) and trash removal and recycling services (hereinafter called “Trash
Removal/Recycling”) to the Apartment and the Rental Community. The responsible party for the costs of Water/Sewer and Trash
8
27-CV-HC-24-4310
Filed in District Court
State of Minnesota
Preview
27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: HOUSING Yellow Tree Property Management, LLC, Plaintiff, vs. COMPLAINT Parvin Jaipat (dob 6/11/1990), John Doe, Jane Doe, Defendant. Parties 1. Plaintiff is Yellow Tree Property Management, LLC. Plaintiff is a Landlord as that term is defined in Minn. Stat. § 504B.001, Subd. 7. 2. Defendant is Parvin Jaipat. 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 3806 24th Avenue South #402, in the City of Minneapolis, County of Hennepin, State of Minnesota, Zip Code 55406. 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 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM 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 – Non-payment 8. A detailed, itemized accounting or statement listing the amounts owing is attached to this Complaint as Exhibit B. 9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly delivered. That notice is attached to this Complaint as Exhibit C. 10. 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. 11. The total amount required to redeem the tenancy is $1,477.71 + $377.00 (costs of the action – filing fee and service fee) for a total of $1,854.71, 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. 12. Defendants’ military status is unknown. 2 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM 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 24, 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 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM Yellow Tree Property Management 1834 E. 38th St. • Minneapolis, MN 55407 (612) 275-7210 (Office) (651) 377-2900 (After Hours Emergency Maintenance) 1. Reference Pages 1.1 APARTMENT COMMUNITY Rental Community: Overland Apartments Apartment Unit Address ("Apartment"): 3806 24th Avenue S. #402 Minneapolis, MN 55406 Date: 08/23/2023 1.2 LANDLORD & PROPERTY MANAGER Landlord: Overland Apartments Property Manager: Yellow Tree Property Management LLC 1.3 APARTMENT DETAILS Apartment Unit: #402 Lease Start Date: 10/01/2023 ("Start Date") Lease End Date: 11/30/2024 ("End Date") (at noon on the last day of the lease) Duration of Apartment Lease Contract: 14 months or Month-to-Month Move-In Date: 10/01/2023 1.4 RESIDENTS & OCCUPANTS "Residents" (Legal names of all who are legally obligated to this Lease): Parvin Jaipat Additional "Occupants" (List all other persons who will be residing in the home): CO-SIGNER: Check here if applicable: Co-Signer All Residents and Occupants listed above are collectively referred to in this Lease as “Resident” except that Occupants have no contractual obligation to perform any financial covenants under this Lease. 1.5 NOTICE PERIOD REQUIRED Resident must provide Landlord with two full months’ written notice of Resident’s intention to terminate the Resident’s Lease prior to the expiration of the Lease’s stated Term. Resident acknowledges that the two full months' written notice applies to Month-to-Month lease terms as well. 1 EXHIBIT A 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM 1.6 LEASE PAYMENTS & RENT Monthly Rental Payment of: $1,420.00 is to be paid in full on or before the first day of each month. Residents total Monthly Lease Charges (Collectively "Rent") may be more than Resident's Monthly Rental Payment outlined above. If total Rent is not received in full by 4:00 p.m. on the 4th day of the month, Management may charge a fee up to 8% of the Monthly Lease Charges. Monthly Lease Charges: Monthly Unit Rent $1,420.00 Internet Fee $45.00 Trash and Recycling Fee $15.00 Parking Fee $0.00 Storage Fee $0.00 Pet Rent $0.00 Total: $1,480.00 Pro-Rated Move-in Charges: Total: $$1,480.00 This is a legally binding contract (if not understood, consult an attorney) Residents understand that they are signing a legally binding contract for 14 Months for a Total Rental Payment of *$$20,720.00 due under the terms of this Lease. *Total Monthly Rental Payment may not include ancillary fees & costs other than apartment rent or those items outlined above. 1.7 DEPOSITS & FEES Deposits Held: Security Deposit/s: $$1,420.00 The Security Deposit MUST be paid in full within 72-hours of signing the Lease or the Lease may be cancelled at the sole discretion of Management. Management reserves the right to re-market the Apartment and re-lease the Apartment to another qualified applicant prior to cancelling the Lease for non- payment of the Security or Additional Deposit/s. One-time Non-Refundable Fees: Administration Fee 150.00 Pet Fees Total: $150.00 Total Deposits & Non-Refundable Fees: One-time Non-Refundable Fees $150.00 Security Deposit/s $$1,420.00 Total: $1,570.00 Service Charges: Late Rent Fee: up to 8% of the Monthly Lease Charges 2 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM NSF Fee: $30.00 ALL LATE FEES AND ANY RENT CAN BE WITHELD FROM THE SECURITY DEPOSIT IF NOT PAID UPON MOVE-OUT. 1.8 UTILITIES Utilities paid by Landlord: ☑ Common Area Utilities ☐ Water/Sewer ☐ Trash/Recycling ☐ Electricity ☐ Gas ☐ Other: Cable/Internet (in-unit services) Utilities paid by Resident: ☑ Water/Sewer ☑ Trash/Recycling ☑ Electricity/Gas (HEAT/AC) ☑ Other: Cable/Internet (in-unit services) 1.9 REQUIRED STATUTE The following is required by Minnesota Statutes, Section 504B.181 The company authorized to manage these premises and authorized to accept service of process and receive and give receipts for notices and demands is: Yellow Tree Property Management LLC, 1834 E 38th Street, Minneapolis, MN 55407, Telephone: 612-275-7210. 1.10 REFERENCE PAGES ACKNOWLEDGEMENT The information in the Reference Pages is incorporated into and made a part of the Apartment Lease Contract to which it is attached. Management (acting as Agent for the Owner) and Resident acknowledge and agree to the terms of this Lease as set forth on the Reference Pages and on any attachments or amendments that may be part of this Lease. In the event of any conflict between any information in the Reference Pages and the Apartment Lease Contract, the Apartment Lease Contract shall control. Residents are jointly responsible for all terms and conditions of this Lease. This signed receipt or acknowledgement is prima facie evidence that the Resident has received a copy of the Lease. Resident acknowledges and agrees that any communications from Landlord or Management to Resident, including all notices required under this Lease, may be provided by Landlord or Management to Resident at the email address(es) or telephone number(s) that Resident has provided to Management. It is Resident’s responsibility to provide Management, in writing, with the Resident’s full and correct email address(es) and telephone number(s) and, in the event Resident’s contact information changes during the Term of the Lease, Resident agrees to provide, in writing, this same updated information to Management. 1.11 APARTMENT LEASE CONTRACT DOCUMENTS The documents below are also attached to and made a part of the Lease for the Apartment identified in the Reference Pages: Apartment Lease Contract Utilities and Trash Recycling Addendum Concession Tracking Data Sheet Resident Acknowledgement Page Smoke Free Housing Policy Crime Free Drug Free Housing Addendum Insurance Agreement Pest Control Agreement Animal License Agreement Amenity Addendum Community Rules Policies 1.12 LEAD PAINT DISCLOSURE This Rental Community Was or Was Not constructed prior to 1978 (if "Was", please see attached Lead Based Paint Disclosure). N/A 1.13 EQUAL HOUSING 3 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM The Rental Community is a Fair Housing provider. The Rental Community does not discriminate against persons based on race, color, religion, national origin, sex, familial status, disability, creed, marital status, receipt of public assistance, ancestry, and sexual or affectional orientation. 1.14 OCCUPANCY GUIDELINES The maximum number of occupants per Dwelling Unit is as follows: Studio/Alcove *Two Persons One Bedroom *Two Persons Two Bedroom *Four Persons (but no more than three adults) Three Bedroom *Six Persons (but no more than three adults) Four Bedroom *Eight Persons (but no more than three adults) *plus one, if a child is born, adopted, or placed in the home during Resident's tenancy. 1.15 LANDLORD & TENANTS RIGHTS The Landlords and Tenants: Rights and Responsibilities handbook is written and published by the Minnesota Attorney General’s Office and is available through their office in alternate formats upon request from: Office of the Minnesota Attorney General 445 Minnesota Street Suite 1400 St. Paul, MN 55101 (651) 296-3353 or (800) 657-3787 TTY: (651) 297-7206 or (800) 366-4812 www.ag.state.mn.us By initialing below, you acknowledge and agree to the terms in Section 1. 4 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM 2. Apartment Lease Contract 2.1 PARTIES. This Apartment Lease Contract (“Lease”) is by and between Landlord and Resident (each individually, a “Resident” and collectively, “Residents”) identified on the Reference Pages for the rental of the Apartment Unit (referred to as either “Apartment”, “Unit” or "Dwelling Unit") for use by Resident as a private residence only. If more than one Resident is identified on the Reference Pages, all Residents are jointly and severally liable for all the terms and provisions of this Lease. The lease of the Apartment includes the exclusive use of the Apartment in the Rental Community identified on the Reference Pages and the non-exclusive use, together with others, of the common Areas in the Rental Community (for purposes of this Lease and all amendments and addenda thereto, “ Common Areas” are those areas within the Rental Community to which Resident has access without going into another apartment within the Rental Community and those areas to which all residents of the Rental Community have general access). Resident will occupy the Apartment along with additional occupants listed on the Reference Pages (referred to as either “Occupant” or “Occupants”). Resident acknowledges and agrees that the Occupants listed on the Reference Pages are required to comply with the terms and conditions of this Lease, including all Amendments, Addenda, Rules and Policies. 2.2 CONTRACT DOCUMENTS. Resident acknowledges receipt of all items checked on the Reference Pages and understands that they are part of this Lease, along with all other Amendments and Addenda that may subsequently become a part of the Lease. Resident represents that Resident has read, understood and received a copy of this Lease, the Community Rules and Policies, Resident Handbook, and all attached Amendments and Addenda. Copies of this Lease may be provided to Resident electronically via email. A paper copy of this Lease is available to Resident upon request. 2.3 LEASE TERM/HOLDOVER. 1. Lease Term. The term of this Lease begins on the Start Date and ends at 12:00 p.m. (noon) on the End Date indicated on the Reference Pages (“Term”). If Resident fails to vacate the Apartment by noon on the End Date, Resident will be charged a late move- out charge of $50.00 per hour for each hour past noon and prior to midnight of the End Date during which the Resident remains in possession of the Apartment. Commencing at midnight of the End Date, Resident will be deemed a holdover resident and the Holdover provisions of this Lease will then apply. Even if Landlord cannot deliver timely possession of the Apartment to Resident due to holdover by another resident, or as the result of some other casualty or delay in occupancy, Landlord will not be liable to Resident for damages because of the delay. However, no Rent will be due for the period from the Start Date through the date Resident is able to occupy the Apartment. No other remedy is available to Resident. If Landlord is unable to deliver possession of the Apartment to Resident within thirty (30) calendar days after the Term’s Start Date, Resident may cancel the Lease by written notice delivered to Landlord within thirty-five (35) calendar days after the Term’s Start Date. In such event, all sums previously paid by Resident to Landlord or Management will be refunded to Resident, including any Application Fee, Security Deposit or any other deposit or Rent. 2. Holdover. If any Resident still occupies the Apartment past midnight on the End Date, the Resident will be in breach of this Lease and the terms and conditions of this Lease shall remain in full force and effect, except that the monthly Rent will be equal to 120% of the previous month’s Monthly Rental Payment for the extra time that Resident stays in the Apartment (payable at once in advance), plus Resident will owe Landlord for all of Landlord’s staffing costs, costs and damages for any rescheduling of vendors and contractors, including overtime charges, for rescheduling work in the Apartment and costs and damages of any person who could not move in because of such Resident’s Holdover. The tenancy shall thereafter require thirty (30) days’ written notice to vacate in the absence of any written agreement to the contrary. 3. Termination. For so long as Resident is not in default under the Lease, Resident may request a termination of the Lease prior to the End Date by providing a written request to Landlord at least two full calendar months prior to the date on which Resident desires to terminate the Lease ("Early Termination Date"). Such Early Termination Date may not fall between the last day of September and the first day of March. Landlord may grant, without or with condition such early termination in Landlord's sole discretion. Any such conditions may be set out in Landlord's then current form of termination agreement and may include (but my not be limited to) payment of a lease termination fee in an amount equal to two (2) month's Rent, repayment to Landlord of any rental concessions granted and current payments of all rent charges through and including the Early Termination Date. Resident will not be required to pay a lease termination fee if Resident is transferring to another rental community managed by Property Manager and otherwise satisfies the conditions and pay the fee applicable to such transfer. Termination of the Lease does not release Resident from any obligations of the Lease which may survive such termination. 4. Military Personnel Clause. If Resident enlists, is drafted or commissioned and on active duty in the Armed Forces of the United States and receives Military Transfer Papers ("Orders"), the Lease may be terminated. Resident must provide Landlord written notice of termination with one (1) calendar month written notice. Any notice received during any calendar month will be deemed effective at the end of the month and the Lease shall terminate at noon on the last day of the following month. A copy of the Orders shall be provided as proof of transfer with any termination. 5. Failure to Take Possession. If, after fully executing the Lease, Resident fails to take possession of the Apartment and does not pay, in full, pro-rated or initial monthly rental costs within fifteen (15) days of the Start Date, Landlord may evoke this forced termination clause ("Forced Termination") with a one (1) calendar month written notice to Resident. The Forced Termination will terminate the Lease upon the expiration of the notice period outlined in this Section 2.3.5 maintaining, however, all rights afforded to Landlord in the Remedies Section herein. Resident agrees to pay a termination fee equal to two (2) month's Rent. All other charges and fees including, but not limited to; monthly rent, utilities, and late fees due under the terms of the Lease and outlined on the Reference Pages will be charged to Resident from the Start Date through the termination of the Lease per this Forced Termination. Landlord, upon giving Resident notice of Forced Termination herein, can immediately begin re-marketing the Apartment to mitigate Landlords losses and damages. 5 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM 2.4 RENT AND ADDITIONAL CHARGES/PARTIAL PAYMENTS. 1. Payment of Rent and Additional Charges. Rent, together with any incidental fees or charges that Resident may owe to Landlord from time to time, is due and payable to Landlord in full in advance on the first day of each calendar month through the End Date of the Term of the Lease. Resident will pay the first month’s Rent prior to Resident moving in. If the Start Date is other than the first day of a month, Resident’s first month’s partial Rent will be prorated as itemized on the Reference Pages. Resident’s payments to Landlord may be made by any one of the following methods: (i) mailing the Rent payment to the Landlord’s mailing address on the Reference Pages of this Lease; (ii) processing the Rent payment using Management’s online electronic payment portal; (iii) hand delivering the Rent payment to Management in the Rental Community’s designated Management Office during the office’s normal business hours, or (iv) placing the Rent payment in a rent drop box located near the Rental Community’s on-site Management Office, if applicable. If any portion of Resident’s monthly Rent payment is not received by 4:00 p.m. on the 4th day of a month that it is due, the Rent will be considered late and the Resident will be assessed a late charge of 8% of the outstanding balance (“Late Fee”). Resident also agrees to pay a service charge to Landlord of $30.00 for any Resident check (i) returned by Resident’s bank due to there being non-sufficient funds in Resident’s account to clear the check (“NSF”); (ii) dishonored by Resident’s Bank, or (iii) returned by Resident’s bank or issuing third-party vendor for any other reason. Payments must be made payable to Landlord. Cash will not be accepted under any circumstances. Rent may be paid by personal check, certified or cashier’s check, money order, traveler’s check or credit card. Resident acknowledges that a $2.50 administrative fee will be charged for any payment not received electronically by Landlord. Resident further acknowledges that Resident’s checks may be deposited into Management’s checking account electronically using an Electronic Fund Transfer (“EFT”) process through the Automated Clearing House (“ACH”) network, which process would immediately debit Resident’s checking account. Resident’s delivery of any check to Management authorizes Management to make a one-time electronic fund transfer from Resident’s account. All credit card payments will be subject to a service charge in an amount determined by the credit card servicing vendor used by Landlord. RESIDENT HAS NO RIGHT TO WITHHOLD RENT FOR ANY PURPOSE, even an act of God, or to reduce any Rent payable to Landlord by any of Resident’s costs or damages against Landlord. At Landlord’s option, Landlord can require that all money payable to Landlord is to be paid in certified or cashier’s check, money order or bank ACH transfer. Landlord will not accept personal checks after the Rent is late. In the event two or more checks are returned due to NSF, Landlord shall thereafter require that all monies paid by Resident during the remainder of the Term of the Lease must be paid in certified or cashier’s check. Resident’s obligation to pay Rent is a promise by Resident, which is independent from all of Landlord’s promises, duties and obligations. If Rent is not received by 4:00 p.m. on the 10th day of any month that it is due, an eviction action for non-payment of Rent may be filed with County (where property is located) County District Court. If Landlord files an eviction action, Resident will be responsible for all costs incurred, whether or not Resident is actually evicted. 2. Partial Payments. It is Management’s practice to not accept partial payment of Rent or other charges owed by a Resident to Management. At Landlord’s discretion, Landlord can accept a partial Rent payment, but by doing so, Landlord does not waive Landlord’s right to file an eviction or to otherwise enforce its rights under this Lease if the remainder of the Rent is not paid on time. All Residents on this Lease are fully liable, jointly and severally, for the entire Rent, not just a proportionate share thereof. 2.5 OCCUPANCY/USE/SUBLETTING/GUESTS. 1. Occupant/Use/Subletting. Only the person(s) listed on this Lease as Resident and/or Occupant may occupy the Apartment during the Term of this Lease. No other persons may live, use, regularly stay, or “share” the Apartment. Resident is not permitted to allow any non-Resident to stay in the Apartment or in the Rental Community through any private or public home sharing, room letting, swapping, vacation rental, bartering or any other accommodation sharing or similar service, whether long term or short term (by way of non-exclusive example: VRBO.com, homeaway.com or Airbnb.com). Any Resident who makes such an arrangement or allows an individual to stay in an Apartment or in the Rental Community is in breach of the Lease. Landlord has the right at all times during the Term to confirm the identity of Resident, or other persons in the Rental Community, in accordance with the Community Rules and Policies. If a person is found to be staying, regularly using or spending the night in the Apartment who is not a Resident or Occupant approved by Landlord, or if Resident provides Resident’s keys or access device to a non-Resident or to any other unapproved Occupant without the knowledge and pre-approval of Management, Resident will be in breach of the Lease. Persons who are not listed as Resident or approved Occupants may not receive mail or packages at the Rental Community. It is a breach of this Lease for Resident to allow a non-Resident or unapproved Occupants to receive mail or any package at the Apartment or Rental Community. Management reserves the right to give any mail or package carrier direction to refuse to provide delivery service to any recipient that is not an authorized or approved Resident or Occupant of the Apartment. Only the persons identified as Resident on the Reference Pages shall be issued Certificates of Rent Paid per Minnesota Statutes. The Apartment will be used only for normal residential purposes. Resident may not assign or sublet any part of the Apartment or give accommodations to any roomers without Landlord’s prior written consent, but the giving of Landlord’s consent is at Landlord’s sole discretion. Even if Landlord agrees to an assignment or sublease, Resident will remain liable for all Rent and other obligations under this Lease unless Landlord specifically agrees, in writing, to release Resident. Landlord’s consent to one or more assignments or subleases will not be a waiver of Landlord’s rights of consent to any future assignment or sublease. Any breach of the provisions of this Occupant/Use/Subletting Section shall be incurable, and, at Landlord’s sole discretion, any Resident in breach of any of the obligations of this Section may be immediately evicted. 2. Guest Restrictions. All guests staying for an extended stay (i.e. longer than seven (7) consecutive nights) must be pre-registered with Management prior to arrival. Resident agrees to obey and to require that guests comply with all Lease and Community Rules and Policies pertaining to use of the Apartment, the Rental Community and Common Areas. Management or Landlord reserves the right to exclude Resident’s guests from the Apartment and Rental Community by giving such guests a trespass notice and advising Resident that such guests are no longer permitted at the Resident’s Apartment or the Rental Community if such guests have violated provisions of the Lease or Community Rules and Policies, or are reasonably believed to pose a danger to the property, 6 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM health, safety, morals, or quiet enjoyment of the Rental Community, neighbors, or agents of Landlord or Management. Grounds for such exclusions include, but are not limited to (i) when a guest has previously lived at the Rental Community but was evicted; (ii) if a guest has an illegal history of convictions for crimes against persons, property or drug offenses; (iii) if Management is asked by local law enforcement officers to take action against a guest, or (iv) if a guest engages in actions or conduct at the Rental Community that constitute a breach of the Lease or other policies of Management. Guests are only allowed to use Common Areas and Rental Community amenities when accompanied by a Resident. 3. Guest Access. Resident must never give Apartment keys or access devices to a guest or any other individual. Resident can authorize Management to open Apartment doors to allow access to guests or other third party by first delivering to Management a signed release. Management reserves the right, in its sole discretion, to refuse to allow access to the Rental Community, the Apartment Building or the Apartment to any non-Resident, occupant, guest or invitee of Resident. 2.6 NOISE/BEHAVIOR. Resident promises not to disturb other residents or Management. Resident or any guest or visitor of Resident will not make any boisterous, unruly or thoughtless noises, or engage in any conduct or action that will interfere with the peaceful enjoyment of the Apartment or Rental Community, rights, comforts, or convenience of other residents or will disturb other residents. Resident and any guest or visitor of Resident shall refrain from using loud voices, yelling or use of vulgar or offensive language, actions or gestures. Televisions, radios, stereos, surround sound systems, computers, music or games players/systems shall have volume and bass levels adjusted so as not to disturb other residents. Resident may not own or operate exercise equipment, or play musical or other rhythm instruments, in a way that causes a noise or vibration disturbance for other residents. Resident shall not interfere in the management and operation of the Apartment or Rental Community. Resident shall not engage in or allow any guest to engage in harassing, threatening or discriminatory conduct directed at Landlord, Management, their representatives or agents, other residents or their guests. 2.7 ILLEGAL ACTIVITY. Illegal activity is prohibited in, on, or about the Apartment and Rental Community. 2.8 NOTICE TO VACATE. Management will NEVER assume Resident is moving out at the end of the Term of the Lease and WILL NOT re-lease the Apartment to future tenant without Resident providing a Notice To Vacate. Failure of Resident to provide notice under the Terms of this Lease will result in a Holdover as outlined in Section 2.3 above. Resident shall provide written notice to Landlord of Resident’s intention to either vacate the Apartment or sign a new lease at least TWO CALENDAR MONTHS prior to the Lease End Date, with the notice being effective as of the last day of the month following the two calendar months after notice is received. Resident’s notice may not terminate the Lease sooner than the End Date of the Lease. The notice required by this Notice to Vacate Section must be provided even if Resident intends to vacate the Apartment on the End Date of the Lease. If Resident vacates the Apartment but does not provide proper notice, Resident shall be liable for Rent and all Utilities and other Lease obligations through the end of the proper notice period or End Date of this Lease, whichever is later. 2.9 ANIMALS. Animals are not allowed anywhere in, on or about the Rental Community to be kept or to “visit” in the Apartment or the Rental Community without the prior WRITTEN approval of Management given in advance, after Management’s review and approval of all required paperwork, which approval may be granted or denied at Management’s sole discretion. “Animal/pet sitting” is not allowed. In the event Management allows Resident to have an Animal at the Rental Community, or if Resident requires accommodation for a guide/service or assistance animal due to a disability (which accommodation requirement may be verified by Management), Resident (i) must sign an Animal License Agreement to Resident’s Lease that specifically identifies the Animal; (ii) shall pay a non-refundable Animal Fee (except in the case of a guide/service/assistance animal) and additional Animal Rent (except in the case of a guide/service/assistance animal); (iii) must obtain and maintain general liability insurance that specifically includes animal coverage and names both Landlord and Management as Additional Insureds as required by Management, and (iv) agrees to comply with the terms and provisions of the Animal License Agreement and the Animals Section of the Community Rules and Policies. 2.10 INSURANCE. Resident shall maintain general liability insurance for the Term of the Lease as set forth on the Insurance Agreement. Resident is advised that the casualty (also known as property) insurance of Landlord on the Apartment Building does not cover any damages or losses to Resident’s personal property that may occur from accidents, casualties, acts of God, theft, wrongful action of third parties, Garage door malfunctions, fire, flood, water leaks, sewer back up, etc. Resident shall obtain Resident’s own renters insurance coverage to provide protection against loss or injury to Resident’s own self, personal property, interruption of use of the Apartment, or moving costs. Failure to maintain the appropriate levels of insurance as outlined in the Insurance Agreement will result in a $50/month fine for non- compliance. 2.11 MOVE-IN. By signing this Lease, Resident acknowledges that Resident has accepted the Apartment, has had an opportunity to inspect the Apartment or one like it, and that no promises have been made about any changes in decorating, appliances or fixtures, unless such changes are in a writing signed by Landlord or Management and Resident. An Inventory and Condition Form/Move-In Checklist ("Checklist") has been provided with this Lease. Resident agrees to document any defects or damage in the Apartment by returning the Checklist to Management within seventy-two (72) hours of move in. Any damages or deficiencies noted on the Checklist are not considered a request for repair or service unless Resident also submits a work order or request for service. Resident's completion and return of the Checklist to Management is Resident’s acknowledgement of the move-in condition of the Apartment. The Checklist as completed by any one Resident will be deemed binding and conclusive as to the condition of the Apartment on all Residents. If Resident does not return the Checklist as required by this Move-in Section, Resident acknowledges that the Apartment was received in good 7 27-CV-HC-24-4310 Filed in District Court State of Minnesota 6/26/2024 5:38 PM condition with no repairs, defects, or pre-existing damages. 2.12 MOVE-OUT. 1. If Resident moves out prior to the End Date, Resident will remain liable for all obligations under this Lease. Resident will be responsible for monthly installments of Rent, other charges, and Utilities that are Resident’s responsibilities through the end of the Lease Term or the Notice Period, whichever is later. When Resident moves out, whether on or prior to the End Date, the Apartment, including all windows, floors, walls, bathrooms, appliances and kitchen in the Apartment, must be clean with no damage beyond ordinary wear and tear. Resident must follow the move-out instructions provided by Management, and Management shall inspect the Apartment to determine whether Resident has caused any damage to the Apartment beyond normal wear and tear. If the Apartment is not left in the required condition, or if the Apartment has been damaged beyond ordinary wear and tear, Resident will be liable for the charges listed on the "Move-Out Guide" and/or reasonable charges to complete such cleaning, service work, repair or replacement as Management or Landlord deem necessary, even if the amount of such damage exceeds the amount of any Security Deposit. Resident has the option to be present at the move-out inspection at such time specified by Management. If Resident chooses not to be present, Resident agrees to accept Management’s assessment of damages and charges after Management’s inspection. Resident must timely return all keys, access devices, door openers, and other access materials, or be responsible for all (then applicable) replacement charges for not returning all such materials. If Resident leaves any of Resident’s personal property in the Apartment after the End Date or earlier termination of the Lease, Management and Landlord will be entitled to charge for the costs of removing and storing such personal property for the time period required by State law. At the end of the time period required to store the personal property, Management and Landlord shall dispose of the personal property in accordance with State law. Any damage to Resident’s Apartment and/or any damage to the Common Areas caused by Resident, Resident’s guests or invitees, are the Resident’s responsibility. Failure to pay any charges assessed by Management or Landlord for repair of such damage is a default under the Lease. 2.13 SECURITY DEPOSIT. Resident shall pay to Landlord a Security Deposit in the amount stated on the Reference Pages as partial security for all of Resident’s obligations under this Lease. The Security Deposit will not be Landlord’s limit of damages and Resident shall be responsible for all amounts due under this Lease, including all of Landlord’s and Management’s costs of labor and materials for cleaning, servicing, repairing or replacing any item in the Apartment or Rental Community’s Common Areas which results from any of Resident’s, their guests’ or invitees’ actions and constitutes unreasonable wear and tear or damage. Notice is hereby given that additional charges for removal of biohazardous wastes such as blood, body waste or other body fluids, painting, cleaning or deodorizing relating to staining or removing odors associated with animals, smoking, cooking or grease, incense or similar substances, are not considered “ordinary wear and tear” and additional charges will be assessed. Notice is given under Minnesota Statute §504B.178, Subd. 8, that withholding the last month’s Rent on the grounds that the Security Deposit should serve as payment for the Rent can subject Resident to the penalties and interest set forth in the Statute. Resident cannot use the Security Deposit to offset or pay in advance any month’s Rent or any other charges under this Lease, but Landlord may use all or any part of the Security Deposit for any unpaid obligations. Resident shall notify Landlord and Management of Resident’s forwarding address for delivery of any unused portion of the Security Deposit. Provided Resident has provided Landlord and Management with a forwarding address, Landlord and Management shall, within the statutory limitations of time after the termination of the tenancy, return any unused portion of the Security Deposit to Resident or, if Landlord deducts any amount from the Security Deposit, to provide to Resident a description and itemized listing of deductions that Landlord has taken from the Security Deposit. Any unused portion of the Security Deposit will be returned to Resident at the address of the Apartment unless Resident has provided Landlord and Management with a forwarding address as set forth above. If there is more than one Resident under this Lease, Landlord shall have no obligation to separately account or pay or divide the Security Deposit but may issue one check to all named Residents. Landlord shall not have any liability or responsibility for sending a check to multiple forwarding addresses but may send a Security Deposit Disposition Notice, and any check owed, to the first forwarding address received, or if no address is timely received, to the Apartment address. Resident’s obligations to pay the charges described in this Security Deposit Section will survive after the End Date or earlier termination of this Lease. If Landlord sells the Rental Community, Resident’s Security Deposit will be transferred to the new landlord, and upon such transfer, Landlord will not have any further liability to Resident for the return of all or any portion of the Security Deposit and Resident must look to the new landlord. The Security Deposit shall bear interest in accordance with applicable State law. Any interest earned upon the Security Deposit will be paid, or credited, to Resident as provided by law. 2.14 UTILITIES - ELECTRICITY, GAS AND WATER/SEWER; TRASH REMOVAL/RECYCLING SERVICES. 1. Electric, Gas, Water/Sewer Utilities and Other Services. Resident shall be directly responsible for and must pay for all costs and services (including any required activation fees and deposits) relating to electric utility service, gas utility service, water/sewer utility service, trash removal/recycling services, cable TV, internet, local or long-distance telephone services and all associated fees and billing costs that may be related to or result from Resident’s use and/or consumption of any such services as outlined on the Reference Pages. Landlord or Management shall have the sole discretion to select the providers for electric and/or gas utility services provided to the Apartment and to the Rental Community. Resident will contract directly with the electric and/or gas utility providers for electric and/or gas utility service (“Utilities”) unless otherwise outlined in the “UTILITIES AND TRASH/RECYCLING ADDENDUM”, if applicable. Prior to the Lease Start Date, Resident must arrange for electric and gas utility services to begin on or before the Lease Start Date, as applicable. Electric and gas utility services must remain on and will remain the responsibility of the Resident through the Lease End Date, regardless of whether the Resident may have moved out of the Apartment, except and unless Resident has sublet the Apartment as approved by Landlord or Landlord has re-let the Apartment pursuant to the Lease. Failure of Resident to maintain and timely pay for continuous electric and gas service as required herein is a breach of the Lease. 2. Water/Sewer Utility Services and Trash Removal/Recycling Services. Landlord shall provide water, wastewater and sewer utility services (hereinafter called “Water/Sewer”) and trash removal and recycling services (hereinafter called “Trash Removal/Recycling”) to the Apartment and the Rental Community. The responsible party for the costs of Water/Sewer and Trash 8 27-CV-HC-24-4310 Filed in District Court State of Minnesota