Preview
27-CV-HC-24-4331
Filed in District Court
State of Minnesota
6/27/2024 3:31 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Centerspace LP, CASE NO. __________
Plaintiff,
v. EVICTION ACTION COMPLAINT
Melissa Melichar
2925 Hillsboro Ave N #704
New Hope, MN 55427,
Defendant.
Robin Ann Williams, Laurel J. Pugh, Kerri J. Nelson, Danielle C. Dobry, or Peter B. Wagner,
attorney for Plaintiff, states and declares as follows:
1) Plaintiff leased to Defendant, by a written agreement, the following premises:
Address and Unit: 2925 Hillsboro Ave N #704
City: New Hope
State: Minnesota
Zip Code: 55427
County: Hennepin
The lease is attached as Exhibit A to this complaint.
2) The rent due and payable under this agreement each month is $1,083.00, plus $45.00 for
garage rent, $1.00 for a pest control fee, and $6.00 for an administrative fee for utility
billing, for a total of $1,135.00, due on the first day of each month.
3) The owner of the premises described above is Centerspace LP.
4) Plaintiff/owner, having present right of possession of said property, has complied with
Minn. Stat. 504B.181 by:
disclosing to Defendant either in the rental agreement or otherwise in writing
prior to commencement of tenancy the name and address of:
1. the person authorized to manage premises AND
2. the owner or agent authorized by owner to accept service of process
and receive and give receipts for notice and demands AND
27-CV-HC-24-4331
Filed in District Court
State of Minnesota
6/27/2024 3:31 PM
posting outside the management office a printed notice containing the above
information; OR
the above information was known by Defendant not less than 30 days before
the filing of this action because it is in the lease.
5) Plaintiff seeks to have Defendant evicted for the following reasons:
a.(i) This is a nonpayment eviction action.
Plaintiff has provided Defendant with notice required by Minn. Stat. 504B.321, Subd.
1a. The notice is attached as Exhibit B to this complaint.
(ii) Defendant’s unit:
does not participate in a federal or state housing subsidy/program.
(iii) Defendant is still in possession of the above premises and has failed to pay amounts due
under the lease. The total amount owed by Defendant is $1,333.42. In addition, Plaintiff
demands payment of “costs of the action” pursuant to Minn. Stat. 504B.291.
The following is a detailed and itemized account of owed amounts:
6) Plaintiff seeks judgment against the above Defendant for recovery of said premises plus
costs and disbursements herein.
7) Defendant is not now in the military or naval service of the United States, to the best of
Plaintiff’s information and belief.
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27-CV-HC-24-4331
Filed in District Court
State of Minnesota
6/27/2024 3:31 PM
I declare under penalty of perjury that everything that I have stated in this document is true and
correct. Minn. Stat. § 358.116.
Dated: June 27, 2024 ABRITER PLLC
Anoka County, Minnesota By: /s/ Laurel J. Pugh
County and State where signed Laurel J. Pugh (#330012)
5775 Wayzata Boulevard, Suite 700
St. Louis Park, MN 55416
612-349-2769
lpugh@abriterlaw.com
Attorneys for Plaintiff
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27-CV-HC-24-4331
Filed in District Court
State of Minnesota
6/27/2024 3:31 PM
LEASE AGREEMENT
Community: Burgundy and Hillsboro Court, 2911 Hillsboro Ave N New Hope, MN 55427
Leaseholder(s): Melissa Melichar
Additional Occupants:
Leased Dwelling Address: 2925 Hillsboro Ave N Apt 704, New Hope, MN 55427
Apartment: 2925-704
Lease Term Dates: April 27, 2024 - April 26, 2025
Effective Date: April 27, 2024
Total Monthly Payment: $1,135.00
(Breakdown Below)
*Monthly Administrative Fee for
*Monthly Apartment Rent: $1,083.00 $6.00
Utility Billing:
*Pest Control Fee: $1.00 Number of Pets: 0
**Animal Rent: $0.00 Number of Assistance Animals: 2
**Parking/Garage Rent: $45.00 Parking/Garage Space: G715
**Storage Rent: $0.00 Storage Space: NA
One-Time Concession: $0.00 **Recurring Concession: $0.00
Other Residential Fee Disclosures
(Some of these are event-based fees, and are not recurring monthly payments but may be applicable during Lease Term Dates.)
***Apartment Deposit: $1,083.00 ***Administrative Fee: $150.00
***Application Fee: $50.00/person ***Corporate Lease Setup Fee: $375.00
***Nonrefundable Pet Fee: $0.00 ***Animal Deposit $0.00
***Utility Account Deactivation
***Utility Account Activation Fee: $15.00 $15.00
Fee:
Late Fee: 8.00 % Satellite Dish Removal Fee: $200.00
Renters Insurance Exemption/Non-
NSF Fee: $30.00 $20.00
Compliance Fee:
Responsibility Fee for Utilities: $50.00 Lockout: $300.00
Key/Fob/Garage Opener
Trash Violation Fee: $50.00 $150.00 Maximum (Varies)
Replacement:
Smoking Fee: $500.00 Animal Violation Fee: $300.00
*This amount will be included in Total Monthly Payment. | **This amount will only be included in Total Monthly Payment, if elected by Leaseholder(s). | ***Required One-time Fees
Rent is due on the 1st day of the month, regardless of holidays and/or office closures. If the 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 % of the unpaid monthly rent in the amount of the Total Monthly Payment indicated above, or as state regulation allows.
Renters Insurance Exemption/Non-compliance 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 option per utility will be identified by an “X”, Formula Indicator*, or Dollar Amount.
This detail will outline the responsibility and payment method for each utility type.
Utility Type
Resident to Pay Utility Service Resident to Pay Landlord (Variable Resident to Pay Landlord (Flat
Utility is Not Applicable
Provider Directly Rate) Rate)
Cable TV X
Electric: RUBS X
Electric: Sub-metered X
Gas: RUBS D
Gas: Sub-metered X
Internet X
Master Antenna X
Pest Control 1.00
Stormwater B
Trash B
Valet Trash X
Water/Sewer: RUBS B
Water/Sewer: Sub-metered X
N/A
*See Formula Indicator on Utility Addendum for information on variable rate allocations.
CENTERSPACE
Lease Agreement 10-01-2023
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27-CV-HC-24-4331
Filed in District Court
State of Minnesota
6/27/2024 3:31 PM
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
“Apartment”) 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,
CENTERSPACE
Lease Agreement 10-01-2023
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27-CV-HC-24-4331
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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 due 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. Delinquent Payments; Rejected/Returned Payment Fee. If 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. Indemnity, Hold Harmless, and Attorneys’ 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 otherwise 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 forwarding 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
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Lease Agreement 10-01-2023
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27-CV-HC-24-4331
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those of any Occupants or Guests. Leaseholder is liable to the Landlord and others for loss or damage caused by Leaseholder’s 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 parking or
garage space for authorized vehicle(s) only and not to place or store other belongings of any kind for any amount of time. Leaseholder
agrees that vehicle maintenance shall not be performed at the Community.
18. Safety; Emergency. Leaseholder (and each Occupant and Guest) shall exercise due care for their own safety and security, and for
the safety and security of others, and shall immediately dial 911 to report any fire, smoke, suspected criminal activity, serious injury, or
other emergency involving imminent harm or damage.
19. Detection Devices. Landlord shall furnish detection devices required by applicable law and will test said detection devices to see
that they are in working order as of the Lease Commencement Date. Leaseholder acknowledges and agrees that it is the sole
responsibility of Leaseholder to check and test all detection devices in the Apartment on a regular basis to confirm that the detection
devices are operable and functioning properly. If a detection device is battery operated (or has a battery backup), then Leaseholder shall
replace such batteries as necessary during the term of the Lease. Leaseholder shall immediately notify Landlord in writing if Leaseholder
is unable to fulfill its obligation to test the detection devices and to replace batteries. Leaseholder shall not damage, alter, remove, or
disable any detection devices in the Apartment or at the Community. Landlord is not liable for damages or injury caused by (a)
Leaseholder’s failure to test the detection devices, (b) Leaseholder’s failure to notify Landlord of any malfunctioning or inoperable
detection devices, (c) theft of or vandalism to any detection devices (or batteries), or (d) any false alarms. Leaseholder agrees that if any
detection devices are found to be missing during Leaseholder’s tenancy or at the move out inspections, Leaseholder will be charged for
the time and materials for purchasing and installing such missing device. Landlord may provide technology and detection devices to
enable Resident to have a “smart apartment,” including but not limited to, appliances, hub, door locks, smart switch(s), and thermostats
and other technology that may become available at the Community. It is anticipated that the technology and detection devices will be
provided by a third-party provider (“Provider”). Resident expressly consents to (a) Landlord providing to Provider, data concerning
Resident (including certain personally identifiable data, including name, email, and unit number), and (b) Provider’s collection, control,
maintenance, storage, processing, transmittal and use of Resident information and data collected through the Provider’s associated
website and/or app for purposes consistent with providing the technology to Resident.
CENTERSPACE
Lease Agreement 10-01-2023
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20. Landlord Not Liable. Landlord is not liable to Leaseholder (or to any Occupant or Guest) for personal injury, property damage, or
property loss from any cause, including without limitation from fire, smoke, rain, flood, water leaks, hail, ice, snow, lightning, wind,
explosions, utility stoppage or interruption, gas leaks, theft, or vandalism. Landlord is not liable to Leaseholder (or to any Occupant or
Guest) for injury, property damage, or property loss resulting from the criminal, willful, or negligent acts or omissions of other persons.
Leaseholder acknowledges that Landlord is not obligated to furnish security personnel, security lighting, gates, fences, or any other form
of security for the Community, and that Landlord is not obligated to obtain criminal history checks on any Leaseholders, vendors, or
contractors at the Community. If Landlord does choose to implement any security measures at the Community, then Leaseholder
acknowledges and agrees that any such measures do not constitute an express or implied warranty of security, or a guarantee to
prevent or reduce crime. Leaseholder acknowledges and agrees that due to weather conditions, it is not always possible for the
Landlord to clear, or immediately clear, walkways or other areas that are changed or impacted by the weather or other natural acts.
Leaseholder will use all reasonable caution for these common hazards while on the Community premises and be solely responsible for
the failure to take such reasonable caution.
21. Destroyed or Uninhabitable Premises. If the Apartment is destroyed, or so damaged as to be unfit for occupancy, due to fire or
any other casualty or cause, regardless of who or what caused the damage, then Landlord may elect to terminate this Lease by giving
Leaseholder written notice of such election. In such event this Lease shall terminate as of the date that Landlord delivers the written
notice to Leaseholder.
22. Condition of Apartment; Landlord Maintenance. Landlord covenants that the Apartment is habitable and fit for use as a private
residence as intended by the parties. Leaseholder accepts the apartment and fixtures as is and acknowledges that neither Landlord nor
any agent or employee of Landlord has made any representation or warranty of any kind with respect to the Apartment or the
Community under provisions of the Lease Agreement. Landlord disclaims all implied warranties. Leaseholder will receive an Inspection
Checklist from Landlord on or before the Lease Commencement Date. If Leaseholder does not complete and sign the form, asserting any
defects or damage to the Apartment, and if Leaseholder does not return the form to Landlord on or before the second day following the
Lease Commencement Date, then everything in the Apartment will be deemed to be in clean, safe, and good working condition.
Landlord shall maintain the Apartment (including the structure, electrical, plumbing and heating systems) in reasonable repair and in
compliance with applicable health and safety laws. If Leaseholder caused any damage to the Premises either through intentional or
unintentional conduct or contributed to such damage by failing to report it or not promptly reporting it, Leaseholder must pay the cost
of repair. Leaseholder will receive an Inspection Checklist from Landlord. Leaseholder will receive notice of a move-out inspection.
23. Leaseholder Maintenance; No Alterations; Light Bulbs; Trash; Water Leaks. Unless authorized by Landlord in writing,
Leaseholder shall not: (a) paint, wallpaper, apply stickers, or carpet/tile/other products the walls, ceiling, doors or floors of the
Apartment, (b) make any holes in the walls, ceiling, doors or floors of the Apartment (except for a reasonable number of small nail holes
in sheet-rock walls for hanging pictures), (c) install any extra phone, cable, internet, electric or other outlets (or move any existing
outlets), (d) change or install any locks or security systems, (e) install a satellite dish, (f) place trash outside of their apartment door, or
(g) otherwise alter or damage the Apartment, or otherwise alter, damage, or remove any of Landlord’s property in the Apartment
(including without limitation appliances, security/alarm/detection devices, and screens). Leaseholder must use customary diligence in
maintaining the apartment and will not litter or damage common areas. Light fixtures provided by Landlord will have operating light
bulbs on the Lease Commencement Date. Leaseholder shall: (a) replace such bulbs as necessary during the term of the Lease with bulbs
of the same type and wattage; (b) keep the Apartment clean, and dispose of trash on at least a weekly basis; (c) immediately clean any
spills or leaks and dry the affected area; (d) use exhaust fans in the kitchen when cooking and in the bathroom when running water; (e)
take all reasonable precautions to keep the pipes from freezing in the cold weather months by keeping the Apartment at 60 degrees
Fahrenheit or warmer; and (f) promptly notify Landlord of anything that is defective or broken on the premises. Leaseholder shall
immediately notify Landlord of any water leak, excess moisture, water staining or mold growth in the Apartment. Leaseholder agrees to
pay the actual costs, including for Landlord’s staff time, incurred in assessing or mitigating any damages incurred due to failure of
Leaseholder to immediately notify Landlord of such water, excess moisture, water staining or mold growth. If any such water, excess
moisture, water staining or mold growth issues are determined by the Landlord to be to be caused by Leaseholder, Occupant or Guest,
Leaseholder agrees to pay for all costs of mitigation and repairs arising from or related to such cause. Any failure to comply with this
section shall be considered a material breach of the Lease and subject to additional fines.
24. Mold and Mildew. Mold is naturally occurring and found everywhere indoors and outdoors in our environment in all structures,
new or old. Leaseholder agrees to maintain a proper climate-controlled environment to avoid mold or mildew growth including keeping
moisture and air moisture levels low especially in bathrooms and kitchens and around windows. Leaseholder agrees to keep the unit in
a clean and clutter free condition by cleaning and dusting in the apartment regularly including specifically bathrooms and kitchens and
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Lease Agreement 10-01-2023
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to remove visible water and moisture build up in those areas and on windows, walls, counters, floors, and other surfaces upon notice of
such. All HVAC systems including ducts, grates, and vents must be clear and not blocked by furniture, boxes, or other items. Leaseholder
must report to Landlord immediately any evidence of a water leak or excessive moisture buildup anywhere in the apartment, garage
areas, halls, closets, or common areas, any breakdown of the HVAC systems, any evidence of mold or mildew looking growths that will
not clean up with household cleaners or that reappears after cleaning. Leaseholder’s failure to comply with this mold and mildew
paragraph will result in Landlord having no responsibility to Leaseholder for any damage to property, health or otherwise.
25. Pests. Leaseholder shall take all reasonable precautions to keep the Apartment free from all pests (e.g., rodents, bedbugs, mites,
and other insects). If any such pests are present in the Community, Leaseholder acknowledges that there are some treatments for pest
infestations that may require the professional treatment or disposal of some or all personal property located in the Apartment.
Leaseholder agrees to comply with the instructions of the pest control professional and Landlord for the treatment of the Apartment
and other areas of the building by moving, removing, disposing or treating of some or all personal property in the Apartment, as
instructed by the Pest Control Professional, and within the time frame given to do so for the recommended treatment. Landlord will
not be financially responsible or liable for any personal property of Leaseholder or any other person, and will not reimburse any person
for the replacement of any personal property that must be moved, removed, disposed of, or treated. If Leaseholder is the source of the
infestation or if Leaseholder fails to notify Landlord of an infestation that subsequently spreads, or if Leaseholder refuses to permit
reasonable pest control efforts, then Leaseholder shall be liable for the cost of the treatment, including treatment of other apartments
or common areas. Any monthly pest control charges included as part of the Utility Addendum are separate from the responsibility for
payment of specific treatments or remedies as outlined in this Section.
26. Reporting Repairs. Leaseholder shall promptly notify Landlord of any (a) malfunctioning or inoperable security, alarm or detection
devices, (b) malfunctioning water fixtures, clogged drains, clogged water/sewer lines, or water leaks or stains, (c) broken or missing
locks, latches, windows, or screens, (d) electrical problems, (e) malfunctioning appliances, (f) any excess moisture, (g) mold (or
suspected mold) growth, or (h) any other condition that poses a potential hazard to property, health, or safety. Landlord will act with
customary and reasonable diligence to make necessary repairs. Landlord may turn off equipment and interrupt utilities if necessary to
avoid property damage or to perform work, Landlord will make reasonable effort to provide notice of interruptions, but such notice may
not be feasible in urgent or emergency situations.
27. Entry by Landlord. The Landlord, including any vendors or agents, may enter the Leaseholder’s unit for any reasonable business
purpose and after making a good faith effort to give the Leaseholder reasonable notice of the intent to enter, at least 24 hours in
advance of the anticipated entry. The Landlord’s notice shall specify a reasonable window of time of entry between the hours of 8:00
a.m. and 8:00 p.m. The Landlord and Leaseholder may agree, through work orders or other communications, that the Landlord may
enter with less than 24 hours’ notice and/or that entry outside the hours of 8:00 a.m. and 8:00 p.m. is acceptable. None of these notice
requirements apply when the Landlord reasonably suspects that immediate entry is necessary to: (a) prevent injury to persons or
property because of conditions relating to maintenance, building security, or law enforcement; (b) determine the Leaseholder’s safety;
or (c) in order to comply with local ordinances regarding unlawful activity occurring within the premises. In such cases, immediately
entry, without prior notice, may be necessary to take appropriate action.
28. Community Rules. Leaseholder (and each Occupant and Guest) shall comply with the community rules for the Community (the
“Community Rules”), and with any reasonable additions or modifications to the Community Rules that Landlord adopts from time to
time, as outlined in the Resident Handbook, which has been provided electronically to Leaseholder and becomes an addendum to this
Lease Agreement. Leaseholder has access to the electronic Resident Handbook through the Resident Portal; a hardcopy may be
requested from the Landlord. Each Community Rule and the Resident Handbook shall be deemed a covenant of this Lease to be
performed and observed by Leaseholder. In the event of any conflict between the Community Rules or Resident Handbook and the rest
of this Lease, the Lease shall control. Leaseholder agrees and understands that they shall be deemed responsible for any violation of the
Community Rules or Resident Handbook by any guest of any Leaseholder.
29. Package Release. Leaseholder gives Landlord and its agents permission to sign for and accept any parcels or letters that may be
sent to Leaseholder, whether anticipated or unanticipated, through the United States Postal Service, or other delivery services.
Leaseholder agrees to release and waives all claims against Landlord for loss or damage to any package accepted by Landlord on behalf
of Leaseholder and covenants not to sue landlord or claim damages for any such loss. However, Landlord is not obligated to accept any
packages on behalf of Leaseholder and may refuse to do the same.
30. Prohibited Conduct. While on or near the premises, no Leaseholder, Occupant, or Guest may: behave in a loud, disruptive, or
obnoxious manner; disturb or threaten the rights, comfort, health, or safety of others (including Landlord’s employees and agents) and
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27-CV-HC-24-4331 Filed in District Court State of Minnesota 6/27/2024 3:31 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Centerspace LP, CASE NO. __________ Plaintiff, v. EVICTION ACTION COMPLAINT Melissa Melichar 2925 Hillsboro Ave N #704 New Hope, MN 55427, Defendant. Robin Ann Williams, Laurel J. Pugh, Kerri J. Nelson, Danielle C. Dobry, or Peter B. Wagner, attorney for Plaintiff, states and declares as follows: 1) Plaintiff leased to Defendant, by a written agreement, the following premises: Address and Unit: 2925 Hillsboro Ave N #704 City: New Hope State: Minnesota Zip Code: 55427 County: Hennepin The lease is attached as Exhibit A to this complaint. 2) The rent due and payable under this agreement each month is $1,083.00, plus $45.00 for garage rent, $1.00 for a pest control fee, and $6.00 for an administrative fee for utility billing, for a total of $1,135.00, due on the first day of each month. 3) The owner of the premises described above is Centerspace LP. 4) Plaintiff/owner, having present right of possession of said property, has complied with Minn. Stat. 504B.181 by: disclosing to Defendant either in the rental agreement or otherwise in writing prior to commencement of tenancy the name and address of: 1. the person authorized to manage premises AND 2. the owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands AND 27-CV-HC-24-4331 Filed in District Court State of Minnesota 6/27/2024 3:31 PM posting outside the management office a printed notice containing the above information; OR the above information was known by Defendant not less than 30 days before the filing of this action because it is in the lease. 5) Plaintiff seeks to have Defendant evicted for the following reasons: a.(i) This is a nonpayment eviction action. Plaintiff has provided Defendant with notice required by Minn. Stat. 504B.321, Subd. 1a. The notice is attached as Exhibit B to this complaint. (ii) Defendant’s unit: does not participate in a federal or state housing subsidy/program. (iii) Defendant is still in possession of the above premises and has failed to pay amounts due under the lease. The total amount owed by Defendant is $1,333.42. In addition, Plaintiff demands payment of “costs of the action” pursuant to Minn. Stat. 504B.291. The following is a detailed and itemized account of owed amounts: 6) Plaintiff seeks judgment against the above Defendant for recovery of said premises plus costs and disbursements herein. 7) Defendant is not now in the military or naval service of the United States, to the best of Plaintiff’s information and belief. 2 27-CV-HC-24-4331 Filed in District Court State of Minnesota 6/27/2024 3:31 PM I declare under penalty of perjury that everything that I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated: June 27, 2024 ABRITER PLLC Anoka County, Minnesota By: /s/ Laurel J. Pugh County and State where signed Laurel J. Pugh (#330012) 5775 Wayzata Boulevard, Suite 700 St. Louis Park, MN 55416 612-349-2769 lpugh@abriterlaw.com Attorneys for Plaintiff 3 27-CV-HC-24-4331 Filed in District Court State of Minnesota 6/27/2024 3:31 PM LEASE AGREEMENT Community: Burgundy and Hillsboro Court, 2911 Hillsboro Ave N New Hope, MN 55427 Leaseholder(s): Melissa Melichar Additional Occupants: Leased Dwelling Address: 2925 Hillsboro Ave N Apt 704, New Hope, MN 55427 Apartment: 2925-704 Lease Term Dates: April 27, 2024 - April 26, 2025 Effective Date: April 27, 2024 Total Monthly Payment: $1,135.00 (Breakdown Below) *Monthly Administrative Fee for *Monthly Apartment Rent: $1,083.00 $6.00 Utility Billing: *Pest Control Fee: $1.00 Number of Pets: 0 **Animal Rent: $0.00 Number of Assistance Animals: 2 **Parking/Garage Rent: $45.00 Parking/Garage Space: G715 **Storage Rent: $0.00 Storage Space: NA One-Time Concession: $0.00 **Recurring Concession: $0.00 Other Residential Fee Disclosures (Some of these are event-based fees, and are not recurring monthly payments but may be applicable during Lease Term Dates.) ***Apartment Deposit: $1,083.00 ***Administrative Fee: $150.00 ***Application Fee: $50.00/person ***Corporate Lease Setup Fee: $375.00 ***Nonrefundable Pet Fee: $0.00 ***Animal Deposit $0.00 ***Utility Account Deactivation ***Utility Account Activation Fee: $15.00 $15.00 Fee: Late Fee: 8.00 % Satellite Dish Removal Fee: $200.00 Renters Insurance Exemption/Non- NSF Fee: $30.00 $20.00 Compliance Fee: Responsibility Fee for Utilities: $50.00 Lockout: $300.00 Key/Fob/Garage Opener Trash Violation Fee: $50.00 $150.00 Maximum (Varies) Replacement: Smoking Fee: $500.00 Animal Violation Fee: $300.00 *This amount will be included in Total Monthly Payment. | **This amount will only be included in Total Monthly Payment, if elected by Leaseholder(s). | ***Required One-time Fees Rent is due on the 1st day of the month, regardless of holidays and/or office closures. If the 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 % of the unpaid monthly rent in the amount of the Total Monthly Payment indicated above, or as state regulation allows. Renters Insurance Exemption/Non-compliance 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 option per utility will be identified by an “X”, Formula Indicator*, or Dollar Amount. This detail will outline the responsibility and payment method for each utility type. Utility Type Resident to Pay Utility Service Resident to Pay Landlord (Variable Resident to Pay Landlord (Flat Utility is Not Applicable Provider Directly Rate) Rate) Cable TV X Electric: RUBS X Electric: Sub-metered X Gas: RUBS D Gas: Sub-metered X Internet X Master Antenna X Pest Control 1.00 Stormwater B Trash B Valet Trash X Water/Sewer: RUBS B Water/Sewer: Sub-metered X N/A *See Formula Indicator on Utility Addendum for information on variable rate allocations. CENTERSPACE Lease Agreement 10-01-2023 Page 1 of 24 Document digitally signed using RENTCafe eSignature services. Document ID: 1088240 27-CV-HC-24-4331 Filed in District Court State of Minnesota 6/27/2024 3:31 PM 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 “Apartment”) 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, CENTERSPACE Lease Agreement 10-01-2023 Page 2 of 24 Document digitally signed using RENTCafe eSignature services. Document ID: 1088240 27-CV-HC-24-4331 Filed in District Court State of Minnesota 6/27/2024 3:31 PM 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 due 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. Delinquent Payments; Rejected/Returned Payment Fee. If 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. Indemnity, Hold Harmless, and Attorneys’ 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 otherwise 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 forwarding 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 CENTERSPACE Lease Agreement 10-01-2023 Page 3 of 24 Document digitally signed using RENTCafe eSignature services. Document ID: 1088240 27-CV-HC-24-4331 Filed in District Court State of Minnesota 6/27/2024 3:31 PM those of any Occupants or Guests. Leaseholder is liable to the Landlord and others for loss or damage caused by Leaseholder’s 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 parking or garage space for authorized vehicle(s) only and not to place or store other belongings of any kind for any amount of time. Leaseholder agrees that vehicle maintenance shall not be performed at the Community. 18. Safety; Emergency. Leaseholder (and each Occupant and Guest) shall exercise due care for their own safety and security, and for the safety and security of others, and shall immediately dial 911 to report any fire, smoke, suspected criminal activity, serious injury, or other emergency involving imminent harm or damage. 19. Detection Devices. Landlord shall furnish detection devices required by applicable law and will test said detection devices to see that they are in working order as of the Lease Commencement Date. Leaseholder acknowledges and agrees that it is the sole responsibility of Leaseholder to check and test all detection devices in the Apartment on a regular basis to confirm that the detection devices are operable and functioning properly. If a detection device is battery operated (or has a battery backup), then Leaseholder shall replace such batteries as necessary during the term of the Lease. Leaseholder shall immediately notify Landlord in writing if Leaseholder is unable to fulfill its obligation to test the detection devices and to replace batteries. Leaseholder shall not damage, alter, remove, or disable any detection devices in the Apartment or at the Community. Landlord is not liable for damages or injury caused by (a) Leaseholder’s failure to test the detection devices, (b) Leaseholder’s failure to notify Landlord of any malfunctioning or inoperable detection devices, (c) theft of or vandalism to any detection devices (or batteries), or (d) any false alarms. Leaseholder agrees that if any detection devices are found to be missing during Leaseholder’s tenancy or at the move out inspections, Leaseholder will be charged for the time and materials for purchasing and installing such missing device. Landlord may provide technology and detection devices to enable Resident to have a “smart apartment,” including but not limited to, appliances, hub, door locks, smart switch(s), and thermostats and other technology that may become available at the Community. It is anticipated that the technology and detection devices will be provided by a third-party provider (“Provider”). Resident expressly consents to (a) Landlord providing to Provider, data concerning Resident (including certain personally identifiable data, including name, email, and unit number), and (b) Provider’s collection, control, maintenance, storage, processing, transmittal and use of Resident information and data collected through the Provider’s associated website and/or app for purposes consistent with providing the technology to Resident. CENTERSPACE Lease Agreement 10-01-2023 Page 4 of 24 Document digitally signed using RENTCafe eSignature services. Document ID: 1088240 27-CV-HC-24-4331 Filed in District Court State of Minnesota 6/27/2024 3:31 PM 20. Landlord Not Liable. Landlord is not liable to Leaseholder (or to any Occupant or Guest) for personal injury, property damage, or property loss from any cause, including without limitation from fire, smoke, rain, flood, water leaks, hail, ice, snow, lightning, wind, explosions, utility stoppage or interruption, gas leaks, theft, or vandalism. Landlord is not liable to Leaseholder (or to any Occupant or Guest) for injury, property damage, or property loss resulting from the criminal, willful, or negligent acts or omissions of other persons. Leaseholder acknowledges that Landlord is not obligated to furnish security personnel, security lighting, gates, fences, or any other form of security for the Community, and that Landlord is not obligated to obtain criminal history checks on any Leaseholders, vendors, or contractors at the Community. If Landlord does choose to implement any security measures at the Community, then Leaseholder acknowledges and agrees that any such measures do not constitute an express or implied warranty of security, or a guarantee to prevent or reduce crime. Leaseholder acknowledges and agrees that due to weather conditions, it is not always possible for the Landlord to clear, or immediately clear, walkways or other areas that are changed or impacted by the weather or other natural acts. Leaseholder will use all reasonable caution for these common hazards while on the Community premises and be solely responsible for the failure to take such reasonable caution. 21. Destroyed or Uninhabitable Premises. If the Apartment is destroyed, or so damaged as to be unfit for occupancy, due to fire or any other casualty or cause, regardless of who or what caused the damage, then Landlord may elect to terminate this Lease by giving Leaseholder written notice of such election. In such event this Lease shall terminate as of the date that Landlord delivers the written notice to Leaseholder. 22. Condition of Apartment; Landlord Maintenance. Landlord covenants that the Apartment is habitable and fit for use as a private residence as intended by the parties. Leaseholder accepts the apartment and fixtures as is and acknowledges that neither Landlord nor any agent or employee of Landlord has made any representation or warranty of any kind with respect to the Apartment or the Community under provisions of the Lease Agreement. Landlord disclaims all implied warranties. Leaseholder will receive an Inspection Checklist from Landlord on or before the Lease Commencement Date. If Leaseholder does not complete and sign the form, asserting any defects or damage to the Apartment, and if Leaseholder does not return the form to Landlord on or before the second day following the Lease Commencement Date, then everything in the Apartment will be deemed to be in clean, safe, and good working condition. Landlord shall maintain the Apartment (including the structure, electrical, plumbing and heating systems) in reasonable repair and in compliance with applicable health and safety laws. If Leaseholder caused any damage to the Premises either through intentional or unintentional conduct or contributed to such damage by failing to report it or not promptly reporting it, Leaseholder must pay the cost of repair. Leaseholder will receive an Inspection Checklist from Landlord. Leaseholder will receive notice of a move-out inspection. 23. Leaseholder Maintenance; No Alterations; Light Bulbs; Trash; Water Leaks. Unless authorized by Landlord in writing, Leaseholder shall not: (a) paint, wallpaper, apply stickers, or carpet/tile/other products the walls, ceiling, doors or floors of the Apartment, (b) make any holes in the walls, ceiling, doors or floors of the Apartment (except for a reasonable number of small nail holes in sheet-rock walls for hanging pictures), (c) install any extra phone, cable, internet, electric or other outlets (or move any existing outlets), (d) change or install any locks or security systems, (e) install a satellite dish, (f) place trash outside of their apartment door, or (g) otherwise alter or damage the Apartment, or otherwise alter, damage, or remove any of Landlord’s property in the Apartment (including without limitation appliances, security/alarm/detection devices, and screens). Leaseholder must use customary diligence in maintaining the apartment and will not litter or damage common areas. Light fixtures provided by Landlord will have operating light bulbs on the Lease Commencement Date. Leaseholder shall: (a) replace such bulbs as necessary during the term of the Lease with bulbs of the same type and wattage; (b) keep the Apartment clean, and dispose of trash on at least a weekly basis; (c) immediately clean any spills or leaks and dry the affected area; (d) use exhaust fans in the kitchen when cooking and in the bathroom when running water; (e) take all reasonable precautions to keep the pipes from freezing in the cold weather months by keeping the Apartment at 60 degrees Fahrenheit or warmer; and (f) promptly notify Landlord of anything that is defective or broken on the premises. Leaseholder shall immediately notify Landlord of any water leak, excess moisture, water staining or mold growth in the Apartment. Leaseholder agrees to pay the actual costs, including for Landlord’s staff time, incurred in assessing or mitigating any damages incurred due to failure of Leaseholder to immediately notify Landlord of such water, excess moisture, water staining or mold growth. If any such water, excess moisture, water staining or mold growth issues are determined by the Landlord to be to be caused by Leaseholder, Occupant or Guest, Leaseholder agrees to pay for all costs of mitigation and repairs arising from or related to such cause. Any failure to comply with this section shall be considered a material breach of the Lease and subject to additional fines. 24. Mold and Mildew. Mold is naturally occurring and found everywhere indoors and outdoors in our environment in all structures, new or old. Leaseholder agrees to maintain a proper climate-controlled environment to avoid mold or mildew growth including keeping moisture and air moisture levels low especially in bathrooms and kitchens and around windows. Leaseholder agrees to keep the unit in a clean and clutter free condition by cleaning and dusting in the apartment regularly including specifically bathrooms and kitchens and CENTERSPACE Lease Agreement 10-01-2023 Page 5 of 24 Document digitally signed using RENTCafe eSignature services. Document ID: 1088240 27-CV-HC-24-4331 Filed in District Court State of Minnesota 6/27/2024 3:31 PM to remove visible water and moisture build up in those areas and on windows, walls, counters, floors, and other surfaces upon notice of such. All HVAC systems including ducts, grates, and vents must be clear and not blocked by furniture, boxes, or other items. Leaseholder must report to Landlord immediately any evidence of a water leak or excessive moisture buildup anywhere in the apartment, garage areas, halls, closets, or common areas, any breakdown of the HVAC systems, any evidence of mold or mildew looking growths that will not clean up with household cleaners or that reappears after cleaning. Leaseholder’s failure to comply with this mold and mildew paragraph will result in Landlord having no responsibility to Leaseholder for any damage to property, health or otherwise. 25. Pests. Leaseholder shall take all reasonable precautions to keep the Apartment free from all pests (e.g., rodents, bedbugs, mites, and other insects). If any such pests are present in the Community, Leaseholder acknowledges that there are some treatments for pest infestations that may require the professional treatment or disposal of some or all personal property located in the Apartment. Leaseholder agrees to comply with the instructions of the pest control professional and Landlord for the treatment of the Apartment and other areas of the building by moving, removing, disposing or treating of some or all personal property in the Apartment, as instructed by the Pest Control Professional, and within the time frame given to do so for the recommended treatment. Landlord will not be financially responsible or liable for any personal property of Leaseholder or any other person, and will not reimburse any person for the replacement of any personal property that must be moved, removed, disposed of, or treated. If Leaseholder is the source of the infestation or if Leaseholder fails to notify Landlord of an infestation that subsequently spreads, or if Leaseholder refuses to permit reasonable pest control efforts, then Leaseholder shall be liable for the cost of the treatment, including treatment of other apartments or common areas. Any monthly pest control charges included as part of the Utility Addendum are separate from the responsibility for payment of specific treatments or remedies as outlined in this Section. 26. Reporting Repairs. Leaseholder shall promptly notify Landlord of any (a) malfunctioning or inoperable security, alarm or detection devices, (b) malfunctioning water fixtures, clogged drains, clogged water/sewer lines, or water leaks or stains, (c) broken or missing locks, latches, windows, or screens, (d) electrical problems, (e) malfunctioning appliances, (f) any excess moisture, (g) mold (or suspected mold) growth, or (h) any other condition that poses a potential hazard to property, health, or safety. Landlord will act with customary and reasonable diligence to make necessary repairs. Landlord may turn off equipment and interrupt utilities if necessary to avoid property damage or to perform work, Landlord will make reasonable effort to provide notice of interruptions, but such notice may not be feasible in urgent or emergency situations. 27. Entry by Landlord. The Landlord, including any vendors or agents, may enter the Leaseholder’s unit for any reasonable business purpose and after making a good faith effort to give the Leaseholder reasonable notice of the intent to enter, at least 24 hours in advance of the anticipated entry. The Landlord’s notice shall specify a reasonable window of time of entry between the hours of 8:00 a.m. and 8:00 p.m. The Landlord and Leaseholder may agree, through work orders or other communications, that the Landlord may enter with less than 24 hours’ notice and/or that entry outside the hours of 8:00 a.m. and 8:00 p.m. is acceptable. None of these notice requirements apply when the Landlord reasonably suspects that immediate entry is necessary to: (a) prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement; (b) determine the Leaseholder’s safety; or (c) in order to comply with local ordinances regarding unlawful activity occurring within the premises. In such cases, immediately entry, without prior notice, may be necessary to take appropriate action. 28. Community Rules. Leaseholder (and each Occupant and Guest) shall comply with the community rules for the Community (the “Community Rules”), and with any reasonable additions or modifications to the Community Rules that Landlord adopts from time to time, as outlined in the Resident Handbook, which has been provided electronically to Leaseholder and becomes an addendum to this Lease Agreement. Leaseholder has access to the electronic Resident Handbook through the Resident Portal; a hardcopy may be requested from the Landlord. Each Community Rule and the Resident Handbook shall be deemed a covenant of this Lease to be performed and observed by Leaseholder. In the event of any conflict between the Community Rules or Resident Handbook and the rest of this Lease, the Lease shall control. Leaseholder agrees and understands that they shall be deemed responsible for any violation of the Community Rules or Resident Handbook by any guest of any Leaseholder. 29. Package Release. Leaseholder gives Landlord and its agents permission to sign for and accept any parcels or letters that may be sent to Leaseholder, whether anticipated or unanticipated, through the United States Postal Service, or other delivery services. Leaseholder agrees to release and waives all claims against Landlord for loss or damage to any package accepted by Landlord on behalf of Leaseholder and covenants not to sue landlord or claim damages for any such loss. However, Landlord is not obligated to accept any packages on behalf of Leaseholder and may refuse to do the same. 30. Prohibited Conduct. While on or near the premises, no Leaseholder, Occupant, or Guest may: behave in a loud, disruptive, or obnoxious manner; disturb or threaten the rights, comfort, health, or safety of others (including Landlord’s employees and agents) and