Preview
27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
See Instructions (HOU101) for help in filling out this form.
State of Minnesota District Court
County of: Hennepin Court File Number:
Judicial District: Fourth Case Type: Eviction
Plaintiff #1 (Landlord) Plaintiff #2 (Landlord)
Name: GS NMINN Holdings, LLC Name:
Address: c/o The Engel Firm, PLLC Address:
333 Washington Ave. N. #300
City/State/Zip Minneapolis, MN 55401 City/State/Zip:
VS VS
Defendant #1 (Tenant) Defendant #2 (Tenant)
Name: Prime Home Health Care, LLC Name: John Doe, Mary Roe
Address: 3515 Penn Avenue North Address: 3515 Penn Avenue North
Unit 203 Unit 203
City/State/Zip: Minneapolis, MN 55412 City/State/Zip: Minneapolis, MN 55412
EVICTION ACTION COMPLAINT (HOU102)
Minn. Stat. § 504B.321
PLEASE TAKE NOTICE: If financially unable to obtain counsel, the defendant has the right to a
court-appointed attorney in a public housing eviction case that alleges breach of lease under
Minn. Stat. § 504B.171 or § 504B.285
Check the box if the leased or rental property qualifies as public housing as term is used in
Minn. Stat. § 504B.268.
Check the box if the tenancy is affected by a federal or state housing subsidy program
through project-based federal assistance payments, the Section 8 program, as defined in
Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit program; or any other
similar program. Name of agency that administers the housing subsidy program:
Check the box if there are more than two plaintiffs or more than two defendants. List the
information for the other parties on the Additional Litigants Form, HOU125
1. Rental Agreement (Lease)
Landlord leased or rented the property located at:
Address: 3515 Penn Avenue North
Apartment #: Unit 203
City, State, Zip: Minneapolis, MN 55412
Eviction Action Complaint
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27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
County:
Includes a garage Does not include a garage
The agreement for the property, beginning from January, 2023 (date), and
ending January, 2024 (date), is an ORAL or WRITTEN
agreement and is for: (Check all that apply)
Payment of Rent. The current due and payable under this agreement each month
is $ 945.00 due on the 1st day of the month.
Exchange of Services. The agreement for exchange of services was: (explain in
detail)
Important! If there is a written agreement (lease), you must include the written
lease, or most recent written lease in existence, and any relevant lease
addenda, with this Complaint.
2. Notice of Right of Possession by Landlord for Residential Leases
Landlord having present right of possession of the residential property, has followed Minn.
Stat. § 504B.181 by: (You must check either A and B, or C)
a. Informing the Tenant, either in the rental agreement or otherwise, before the
beginning of the tenancy, the name and address of:
• The person authorized to manage the property; AND
• A landlord or agent authorize by the landlord to accept service of process
and receive and give receipt for notices and demands; AND
b. Posting in an obvious place on the property a printed or typewritten notice that
includes the information above. Explain where the notice is posted:
OR
c The Tenant knew of the name and address of the person authorized to manage the
property and accept and give receipt for notices and demands, at least 30 days
before the filing of this action, because:
in written lease agreement and correspondence with tenant.
3. Grounds for Eviction
Landlord seeks to have the Tenant evicted for the following reasons: (Check all that apply)
Eviction Action Complaint
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27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
a. The Tenant is still in possession of the premises and has failed to pay rent for the
month(s) of in the amount of
$ per month, payable on the
day of each month, for a total due of $ .
For Residential Leases Only: A written notice pursuant to Minn. Stat.§ 504B.321
subd. 1(a) was served on Tenant (date), which was at
least 14 days before filing this eviction complaint. The written notice is attached.
b. The Tenant failed to vacate the property after written notice was given:
(check all that apply)
Landlord gave written notice to Tenant on 03/08/2024 (date)
to vacate the property by 05/31/2024 (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.
Tenant gave written notice to Landlord on (date)
that they would vacate the property by (date).
Tenant has failed to vacate the property. Attach copy of written notice to
vacate.
c. The Tenant has broken the terms of the rental agreement by the following: (Explain,
in detail)
• The specific clause of the agreement that was violated;
• The dates and description of what happened that violated the agreement; and
• Which section of the agreement gives the landlord the right to evict tenant for
breaking the terms of the rental agreement.
d. The Tenant has breached the covenants at stated in Minn. Stat. §504B.171 by:
(Explain, in detail, what happened including dates.)
e. The Tenant defaulted on the mortgage, and the property has been sold at a Sheriff's
sale. The Redemption period has expired, and Plaintiff is entitled to possession.
f. The Tenant defaulted on a Contract for Deed and is holding over after proper
cancellation of the contract.
Eviction Action Complaint
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27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
4. The Landlord seeks judgment against the above Tenants for restitution of said premises plus
costs and disbursements.
5. Tenant #1 date of birth / Unknown;
Tenant #2 date of birth / Unknown;
If a tenant is a business, leave this section blank for that tenant.
6. Military status for Tenant:
Tenant # 1 is in the military service is not in the military service Unknown
Tenant # 2 is in the military service is not in the military service Unknown
If a tenant is a business, leave this section blank for that tenant.
I declare under penalty of perjury that everything that I have stated in this document is true
and correct. Minn. Stat. § 358.116.
****Notice: A licensed attorney must sign the Complaint and appear in court on behalf of a
corporation or LLC. ****
Dated: 06/29/2024 /s/ Matthew A. Engel
Signature
Hennepin Name: Matthew A. Engel
County and State where signed
Address: 333 Washington Avenue North Suite 300
City/State/Zip: Minneapolis, MN 55401
Phone: 612-373-7060
Email: matt@theengellawfirm.com
Eviction Action Complaint
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27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
03/08/2024
Prime Home Health Care LLC
3515 Penn Ave N - 203
Minneapolis, MN 55412
To: Prime Home Health Care LLC, the tenant(s), Jane Doe, John Doe and all other persons in
possession of the leased premises described as address:
3515 Penn Ave N - 203
Minneapolis, MN 55412
IN ACCORDANCE WITH MINNESOTA STATUTES: § 504B.135 TERMINATING TENANCY AT WILL
YOU ARE HEREBY NOTIFIED that effective after the date this notice has been served to you, the
periodic tenancy by which you hold possession of the premises is terminated, at which time you are
required to vacate and surrender possession of the premises. If you fail to do so, legal proceedings will be
instituted against you to recover possession of the premises, damages, and costs of suit.
Per your lease, the landlord must give a 60-day notice to terminate. Until you move out, all other parts of
your lease are enforced, such as rent, due dates and late fees. Your security deposit will be returned to
you in accordance with your lease agreement.
YOU MUST VACATE THE PREMISES AND DELIVER UP POSSESSION BY: 05/31/2024 at noon.
Further, please be advised that pursuant to Minn. Stat. §504B.181, the person authorized to manage the
premises, accept service of process, and receive and give receipts for notices is:
Rental Management Guys
34 Thirteenth Ave NE, Suite B002E
Minneapolis, MN 55413
612-888-4888
Thank you in advance for your attention to this matter.
Sincerely,
Rental Management Guys
27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
LEASE AGREEMENT
Tenants
Full Prime Home Health Care LLC
Name(s):
Owner: GS MN Fund 1 LLC
Property 3515 Penn Ave N 203
Address: Minneapolis MN 55412
Move-In Lease-End
12:00 PM Friday, January 20, 2023 12:00 PM Friday, January 19, 2024
Date: Date:
$[[custom___custom_Monthly_Bas Total Monthly
Initial Rent: $900.00
e_Rent_2__]] $900.00 Amount:
Security
Late Fee: 8% $900.00
Deposit:
Returned
$50.00 ($30.00 NSF Fee & $20 Stall/Garage
Check Fee
Admin Fee) #:
(NSF):
Additional Terms, if any: (parking, pet, and storage unit fees)
(Additional_Lease_Terms): $150.00
(The Following is required by MN Statutes Section 504B.181) Owner of the Premises or an Agent is authorized to accept service of process and
receive and give receipts for notices and demands. All Tenants agree that notices and demands delivered by authorized Agents to the above-
referenced Premises are proper notices to Tenants.
(Authorized Owner Agent of Property): _________________________________________
Midwest GIR Group
(Authorized Owner Agent Address): ___________________________________________
3853 Central Avenue Northeast,
Minneapolis, MN, 55421
(Authorized Owner Agent City, State, & Zip Code): ________________________________________
(612) 522-3394
For the purpose of this Lease Agreement, the term “Landlord” shall refer to Owner and Agent, as the
Agent is authorized to act on behalf of the Owner as the Owner's representative.
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27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
This Residential Lease Contract (this “Lease”) is made into effect (Lease_Execution_Date_1):
______________________
Friday, January 20, 2023 (the “Effective Date”), by and between (Management_Company_Name__2)
___________________________
Midwest GIR Group (the “Landlord”), and (Tenants Full Names)
_____________________________________________________________________________________
Prime Home Health Care LLC
____________________________ (each adult signing this Lease is individually and collectively referred
to as “Tenant”). In consideration of the promises herein set forth and for other good and valuable
consideration, nature, receipt, and sufficiency of which is hereby acknowledged, Landlord and Tenant
hereby agree as follows:
Occupants. The only individuals that are authorized to reside in the Premises are the Tenants set in the
introductory paragraph of this Lease, and the following children of such Tenants (if none, state “none”):
(Additional_Occupants_Name): ____________________________________________________
(Additional_Occupants_Name (2)): _____________________________________________________
(Additional_Occupants_Name (3)): ____________________________________________________
No one else may occupy the Premise. Persons not listed above must not stay in the Premise for more
than 14 consecutive days without our prior written consent, and no more than twice that many days in
any one month.
1. Rental of Premises: In consideration of the Rent, Landlord hereby leases to Tenant, and Tenant
hereby leases from Landlord: (Property_Address_Line &
Unit_Number) ___________________________________________________________________
3515 Penn Ave N 203
in (city)_____________________,
Minneapolis (state) [[MN]] (zip code)__________________(the
55412 “Premises”) for use
as a private residence only for the Term of this Lease.
2. Rent: Tenant agrees to pay rent each month during the Term for Tenant's use of the Premises on a
monthly basis. The rent payment of this Lease for each month must be paid on or before the first (1st)
day of each month. The monthly rental amount that Tenant is obligated to pay during the Initial Term is
the Total Monthly Amount Due, stated below. Landlord is not required to give notice to Tenant to pay
rent.
UPON LANDLORD'S REQUEST, TENANT AGREES TO PAY RENT VIA ELECTRONIC FUNDS TRANSFER AS
DESCRIBED IN THE ELECTRONIC FUNDS TRANSFER ADDENDUM ATTACHED HERETO.
Initial Rent $ $900.00
Parking Rent $
Storage Rent $
Utility Charge $
Pet Rent $
Other (specify, $ 150.00 Month to Lease Fee
Total Monthly Amount Due $ 1050.00
UPON LANDLORD'S REQUEST, TENANT AGREES TO PAY RENT VIA ELECTRONIC FUNDS TRANSFER AS
DESCRIBED IN THE ELECTRONIC FUNDS TRANSFER ADDENDUM ATTACHED HERETO.
Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb
27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
If the Term is extended or renewed beyond the Initial Term, Tenant agrees to pay the Total Monthly
Rent amount set forth in such extension or renewal or, if no such monthly rental amount is stated,
Tenant agrees to pay an amount equal to the Initial Rent.
3. Each Tenant Responsible: Each Tenant is individually responsible for all money due to Landlord under
this Lease including all Rent.
4. Payment: Electronic Funds Transfer (EFT), Credit Card, Debit Card, Personal Check, Money Order, or
Cashier's Checks are the only acceptable forms of payment for rent and all other amounts due under
this Lease.
Payments made by Personal Checks, Money Orders or Cashier's Checks shall be mailed directly to
Landlord “MIDWEST GIRG” or hand delivered by Tenant to Landlord at Landlord's Office.
Cash payments are not acceptable and will not be received by Landlord.
5. Late Fee; Returned Check: If Landlord does not receive the Total Monthly Rent payment due under
this Lease by 12:00 am on the fifth (5th) day of each month Tenant will be charged a Late Fee in the
amount of 8% of the total past due amount. If Tenants do not pay rent on time, they will be delinquent
and all remedies under this Lease will be authorized.
Tenant must also pay Landlord $50.00 for each unpaid check returned by Tenant's bank or rejected
electronic payment ($30.00-NSF fee, $20.00-processing fee), in addition to the Late Fee if the payment
is not received before the fifth (5th) day after Rent is due. Rent is “paid” when the Landlord receives it,
not when it is mailed or sent by Tenant.
6. Security Deposit: Tenant agrees to deposit with Landlord the Security Deposit in the amount of
$[[Lease_Security_Deposit]]: ____________________________
$900.00 on or before the Start Date as security
for Tenant's obligations under this Lease. Tenant understands the stated Security Deposit amount
DOES NOT reflect the “Performance Deposit Agreement” decuction. The Performance Deposit
Agreement states that $200.00 of the original security deposit shall be none-refundable and allocated
as follows; a one-time $100.00 administrative move-in fee, and a $100.00 move-out cleaning fee.
Tenants' Security Deposit shall be held by Landlord during the term of this agreement in accordance
with the provisions of MN Statute 504B. Landlord shall pay the Tenant interest on the Security Deposit
at the rate of one (1%) percent per annum, pursuant to MN Statute 504B.178, Subd. 2.
Provided that Tenant is not in breach of this agreement, Landlord shall return Tenants Security
Deposit within twenty-one (21) days after the latest date of the following events: (1) the end of the
Lease Term; (2) Tenant has completely vacated the Premises, returned all keys, and garage door
openers; and (3) receipt of Tenants Forwarding Address or delivery instructions.
If Landlord does not return the deposit within twenty-one (21) days, Landlord must give Tenant a
written statement showing the specific reason for withholding part of all of the Security Deposit.
Landlord may keep all or part of the Security Deposit for (1) rent or other money owed to the Landlord;
and (2) for damage to the Premises beyond ordinary wear and tear. Tenant agrees to return the
Premises at the end of the Lease Term in a condition as good as the condition at the start of the
tenancy, except for ordinary wear and tear as a result of normal use.
Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb
27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
Owner and Tenant agree to hold MIDWEST GIRG completely harmless with all respect to the refund of
Security Deposit amount(s). It shall be determined between the Owner and Tenant as to how such funds
shall be disbursed at the end of the tenancy. Should the Security Deposit be transferred to the Property
Owner, Tenant shall receive the “Security Deposit Transfer Form”. With the transfer of deposit, the
Property Owner will assume full responsibility of the Security Deposit and sole responsibility for the
return of the deposit upon the end of the Lease Term so long as all Lease obligations have been fulfilled.
7. Lease Term; Possession: Landlord must deliver possession of the Premises to Tenant by 12:00 p.m. on
the Start Date. Landlord agrees to lease to Tenant the Premises for the Initial Term. Landlord may, but
has no obligation to, extend or renew the Lease Term by entering into with Tenant a written extension
or renewal.
If the parties do not enter into such an extension or renewal, the terms of Section 31 (Moving Out or
Holding Over) shall apply. Notwithstanding the foregoing, at the expiration of the Initial Term (as
extended by any applicable renewals or extensions entered into by the parties) the Lease will
automatically convert to a month-to-month tenancy. If either party desires to terminate this Lease, such
party must provide the other party with notice of such party's desire to do so at least 60 days prior to
the desired termination date, provided that the Term may only end on the last day of the applicable
calendar month. All notices not meeting the requirements set forth in this Section will be invalid.
Notwithstanding the foregoing, Landlord shall not be liable to Tenant for damages of any kind
whatsoever if Landlord cannot deliver possession of the Premises on the first day of the tenancy due to
the Premises being damaged or unavailable for any reason.
8. Maintenance Requests: All Maintenance and repair requests MUST be submitted through; (1)
online through the Tenant Portal, (2) E-Mail, (3) or signed and in writing and delivered to Landlord
representative. (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable
running water, electrical shorts, or crime in progress). Oral requests do not constitute a written request.
9. Designated Parking Spaces: Tenant is entitled to exclusively use the following parking or garage
space(s) during the Term (if none, state “none”)[[custom___custom_Parking_Spot_Number__]]:
_________________________________________. As consideration for Tenant's use of such spaces
Tenant must pay the Parking Rent together with each monthly rent payment due pursuant to Section 2
(Rent) above.
10. Designated Storage Unit: Tenant is entitled to use the following storage unit during the Term (if
none, state “none”) [[custom___custom_Storage_Unit_Number__]]: ____________________________.
As consideration for Tenant's use of such storage unit Tenant must pay the Storage Unit Rent together
with each monthly rent payment due pursuant to Section 2 (Rent) above. Landlord is not liable for any
loss or damage attributable to items stored in the storage unit.
11. Utilities: The following utilities are paid for by Landlord, check all that apply;
(Water/Sewer [[_______]] Gas: [[_______]] Electricity: [[_______]] Trash: [[_______]] Other: [[_______]]
The following utilities are paid for by the Tenant, check all that apply;
(Water/Sewer [[_______]] Gas: [[_______]] Electricity: [[_______]] Trash: [[_______]] Other: [[_______]]
Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb
27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
Tenant must not allow utilities to be disconnected—including disconnection for delinquent payment—
throughout the Lease Term and renewal period. Utilities may be used only for normal household
purposes and must not be wasted.
12. Delay of Occupancy: If occupancy is or will be delayed for construction, repairs, cleaning, or a
previous Tenant's holding over, the Landlord is not responsible for the delay. The Lease will remain in
force subject to (1) abatement of rent on a daily basis during delay; and (2) Tenants' right to terminate.
Tenant may terminate up to the date when the Premise is ready for occupancy, but not later. The
termination notice must be in writing. After termination, Tenant is entitled only to refund of deposit(s)
and any rent paid.
Rent abatement or Lease termination does not apply if a delay is for cleaning or repairs that don't
prevent Tenants from occupying the Premise.
13. Reimbursement: Tenant must promptly reimburse Landlord for loss, damage, government fines, or
cost of repairs or service at the Property due to a violation of the Lease or rules, improper use or
negligence by Tenant or Tenant's guests or occupants. Landlord may require payment at any time,
including advance payment of repairs for which Tenant is liable. Delay in demanding sums Tenant owes
is not a waiver.
By initialing below, you "the Tenant" acknowledge and agree to the terms above.
[[Tenant_Initials]]
Responsibilities and Rights of Tenant
14. Community Policies and Rules: Tenant and all guests and occupants must comply with any written
rules and policies, including instructions for care of the Premise and Property. Our rules are considered
part of this Lease. Upon advance notice and compliance with Minnesota law, Landlord may make
reasonable changes to the said written rules.
15. Quiet Enjoyment: If Tenant pays Rent and complies with all other terms of this Lease, Tenant may
use the Premises for the Term of this Lease.
16. Maintenance and Repair: Tenant promises, at Tenant's expense, to make all repairs and eliminate
any violation of health and safety laws that result from the negligent, willful, malicious or irresponsible
conduct of the Tenant, Tenant's guests or occupants. Tenant shall comply with all sanitary laws. Without
limiting to the generality of the foregoing, Tenant shall:
1. Not leave windows or doors in an open position during any inclement weather.
2. Not cause or permit any locks, hooks, or security systems to be placed in the Premises or Property
without the prior written consent of the Landlord.
3. Keep all bathrooms, sinks, toilets, disposals, pump systems, and other water and plumbing
apparatus in good working order and shall use the same only for the purpose of which they were
constructed. Tenant shall not allow any sweepings, garbage, hair, sand, rags, ashes, bones, grease,
or other substances to be thrown or deposited therein. Any damage to any such apparatus and the
costs of clearing stopped plumbing resulting from the misuse will be the full responsibility of the
tenant.
Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb
27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
4. Be responsible for any damaged or broken glass due to Tenant, Tenant's guests or occupants arising
form willful or negligent conduct. Tenant shall not be responsible for any damaged or broken glass
caused by Landlord or inclement weather.
5. Leaking pipes, unless caused by the negligence of Tenant, are to be repaired by the Landlord but
the Landlord shall not be liable for any damages resulting from such leaks and/or overflows which
are caused by Tenants' willful or negligent behavior. Alteration of plumbing, appliances or fixtures is
strictly prohibited unless Tenant has the written consent from the Landlord.
6. Light bulbs, batteries, and filters of any kind are at the Tenants' expense and responsibility to
replace in the Premises.
17. Damage or Injury to Tenant or Tenant's Property; Insurance: Landlord does not maintain insurance
to cover the Tenant's personal property or personal injury. Landlord is not responsible to any Tenant,
guest, or occupant for damage or loss of personal property or personal injury from (including but not
limited to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions,
earthquake, interruption of utilities, theft, hurricane, negligence of other Tenants', occupants, or
invited/uninvited guests or vandalism unless otherwise required by law. Tenant is responsible to
reimburse Landlord for any and all costs Landlord may pay due to any claim or suit because of an injury
or damage to any persons or their property in or on the Premises.
18. Tenant Use of Premise: Tenant makes the following promises:
1. Tenant shall only use the Premises as a private residence for the Tenant to live in and for no other
purposes.
2. Tenant shall not use the Premises or any other portion of the Property in any way that is unlawful,
illegal, or dangerous.
3. Tenant agrees that any police report generated in connection with the Premise or the Property
during Tenant's tenancy is grounds for immediate eviction, regardless of whether Tenant is current
on rent payments.
4. Tenant agrees that the discovery of controlled substances in the Premise or the Property by
Landlord, the police, or any other law enforcement agency is grounds for immediate eviction,
regardless of whether Tenant is current on rent payments.
5. Tenant shall not use the Premise or the Property for the purpose of carrying on any business,
profession or trade.
6. Tenant shall not allow damage to the Premises or the Property.
7. Tenant shall not allow waste of the utilities or services provided by Landlord or provided to the
Premises or Property.
8. Tenant shall not make alterations or changes to or remove fixtures from, the Premises of the
Property.
9. Tenant shall not paint the Premises without Landlord's prior written approval.
10. Tenant shall not unreasonably disturb the peace and quiet of others.
11. Tenant shall not interfere with the management of the Property and shall not allow the Tenant's
guests to do so.
12. Tenant shall not use the Premises or any other portion of the Property in any way that would cause
a cancellation, restriction or increase in the premium of Landlord's insurance.
13. Tenant agrees that no persons will sleep in or use as a bedroom any room that does not contain an
egress or fire code window as required by applicable City, County, or State codes.
Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb
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State of Minnesota
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14. Tenant agrees to hold Landlord harmless from any damages or liability arising out of or in
connection with any persons sleeping in such rooms or using such rooms as a bedroom.
15. Tenant agrees that no persons not identified on this Lease as Tenants or Occupants may live in the
Premises at any given time without the prior written permission of the Landlord.
16. Tenant shall recycle or dispose of trash on a regular basis in the designated outside trash
receptacles provided for that purpose.
17. Tenant shall notify Landlord in writing of any repairs to be made to the Premises.
19. Garbage and Refuse Removal: All trash must be placed in sealed, plastic bags. All trash is to be
disposed of in designated outside trash receptacles provided for that purpose. No boxes are to be
thrown down any trash chute. If Landlord is to pick up any trash or litter identified as the Tenant's,
Tenant will be charged $25.00 for each occurrence; this includes newspapers and magazines left for a
period longer than twenty-four (24) hours in any common areas. Any items that will not fit the standard
garbage container at the Property or items that are left in or around the garbage area will be charged
back to the Tenant.
20. Community Associations: If the Premise is located within a community association, Tenant
acknowledges receipt of a copy of the Bylaws, Declaration of Covenants, Rules and Regulations, and
other governing documents for the association (“Covenants”) and agrees to fully adhere to, observe and
follow all rules and restrictions as set forth in the Covenants. Tenant agrees to hold Landlord harmless
and indemnify Landlord for any fines, assessments, or other damages as a result of Tenant's failure to
honor the Covenants.
21. Restrictions on Use:
1. Waterbeds. Tenant may not have water beds or other water-filled furniture in the Premises.
2. Pets. Tenant may not have animals or pets in the Premises or the Building without Landlords prior
to written approval. Such approval may be subject to Tenant providing Landlord with an additional
Pet Damage Deposit in the amount required by Landlord. Tenant must execute the Pet Addendum
if Tenant desires to have a pet in the Premises and Landlord has consented to such Pet. If Tenant
desires to have a “companion animal” or “service animal” in Tenant's Premises, Tenant must
complete and execute the Companion Animal or Service Animal Addendum.
3. Locks. Tenant may not add or change locks. At Tenant's request and expense, Landlord will change
the locks or have the lock cylinders re-keyed.
4. Vehicles. Tenant may not have any motor home, camper, trailer, boat, recreational vehicle,
unlicensed vehicle, inoperable vehicle, vehicle on blocks, or commercial truck on or at the Property
without Landlord's prior written consent. A commercial truck is any tuck in commercial service or
larger than a pickup truck. Permitted vehicles must be parked in designated areas only. Three (3)
days after giving notice to Tenant, Landlord may remove and store any offending vehicles. Tenant
must pay reasonable removal and storage expenses as additional rent.
5. Kerosene Lamps, Heaters. Tenants may not use kerosene lamps or kerosene heaters anywhere in
the Premises or the Property without Landlord's prior written consent.
6. Balconies and Patios. Tenants may not cook or grill on any balconies or patios on the Premises or
the Property without prior written consent from the Landlord. Cooking and or grilling “outside” is
only prohibited in designated grilling areas away from the Building. Tenants may not use balconies
or patios to store any items, except for furniture designed specifically for outdoor use.
Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb
27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
22. Prohibited Conduct: Tenant and Tenant's occupants or guests may not engage in the following
activities: behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health,
safety, or convenience of others (including our agents and employees) in the Premises or the Property;
disrupting our business operations; manufacturing, delivering, possessing with intent to deliver, or
otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence;
possessing a weapon prohibited by state law; discharging a firearm in the Premises or Property;
displaying or possessing a gun, knife, or other weapon in the Building common areas in a way that may
alarm others; storing anything in closets having gas appliances; tampering with utilities or
telecommunications; bringing hazardous materials on the Property; or injuring our reputation by making
bad faith allegations against Landlord to others.
23. Tenant Safety and Property Loss: Tenant and all occupants and guests must exercise due care for
the Premises and Property and others' safety and security, especially in the use of smoke detectors,
carbon monoxide detectors, keyed deadbolt locks, keyless bolting devices, window latches, and access
control devices.
Smoke Detectors/Carbon Monoxide Detectors. Landlord will furnish smoke detectors and carbon
monoxide detectors as required by statute, and Landlord will test them and provide working batteries
when Tenant first takes possession. After that, Tenant must pay for and replace batteries as needed,
unless the law provides otherwise. Landlord may replace dead or missing batteries at Tenant's expense,
without prior notice to Tenant. Tenant must immediately report smoke-detector malfunctions to
Landlord. Neither Tenant nor others may disable smoke detectors or carbon monoxide detectors. If
Tenant's damage or disable the smoke detector or carbon monoxide detector or remove a battery
without replacing it with a working battery, Tenant may be liable to Landlord under state statute for
$100 plus one month's rent, actual damages, and attorney's fees. If Tenant disables or damage the
smoke detector or carbon monoxide detector or fail to replace a dead battery or report malfunctions to
Landlord, Tenant will be liable to Landlord and others for any loss, damage, or fines from fire, smoke, or
water.
Casualty Loss. Landlord is not liable to any Tenant, Tenants guests or occupants for personal injury or
damage or loss of personal property from any cause, including but not limited to: fire, smoke, rain,
flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of
utilities, theft, or vandalism unless otherwise required by law. Landlord has no duty to remove any ice,
sleet, or snow but may remove any amount with or without notice. During freezing weather, Tenant
must ensure that the temperature in the Premise is sufficient to make sure that the pipes do not freeze
(Landlord suggests at least 50 degrees). If the pipes freeze or any other damage is caused by Tenant's
failure to properly maintain the heat in the Premise, Tenant will be liable for damage to Landlord
property and other's property. If Tenant asks our representatives to perform services not contemplated
in this Lease, Tenant will indemnify Landlord and hold Landlord harmless from all liability for these
services.
24. Condition of the Premise and Alterations: Tenant accepts the Premises, fixtures, and furniture as is,
except for conditions materially affecting the health or safety of ordinary persons. Landlord disclaim all
implied warranties. Tenant shall be given an Inventory and Condition form on or before move-in. Tenant
must note on the form all defects or damage and return it to Landlord representative. Otherwise,
everything will be considered to be in a clean, safe, and good working condition.
Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb
27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
Tenant must use customary diligence in maintaining the Premise and not damaging or littering the
common areas. Unless authorized by statute or by Landlord in writing, Tenant must not perform any
repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter to the Premises or
Property. No holes or stickers are allowed inside or outside the Premise. But Landlord will permit a
reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves of wood-
paneled walls unless our rules state otherwise. No water furniture, washing machines, additional phone
or TV-cable outlets, alarm systems, or lock changes, additions, or rekeying is permitted unless statutorily
allowed or with Landlords written consent. Tenant may install a satellite dish or antenna provided
Tenant gets prior written approval from Landlord. Tenant will be held responsible for any damages
caused during the installation of a satellite dish or antenna to the Premise or Property. Tenant agrees
not to alter, damage, or remove Landlord property, including alarm systems, smoke detectors, furniture,
telephone and cable TV wiring, screens, locks, and access control devices. When Tenant moves in,
Landlord will supply light bulbs for fixtures furnish in the Premises, including exterior fixtures operated
from inside the Premise; after that, Tenant will replace them at Tenant's expense with bulbs of the same
type and wattage. Tenant improvements to the Premise (whether or not Landlord consented) become
the Landlords unless agreed otherwise in writing.
25. Notice of Dangerous Conditions: Tenant shall promptly notify Landlord of any conditions that might
cause damage to the Premises or waste utilities or services provided by Landlord.
26. Assignment; Subletting; Abandonment: Tenant may not sublet part or all of the Premise, or assign
Tenant's rights under the Lease, without Landlord's prior written consent. Tenant may not vacate or
abandon the Premises during the Term.
27. Procedures for Replacement: If Landlord approves a replacement Tenant, then, at Landlord's option:
(1) the replacement Tenant must sign this Lease with or without an increase in the total Security
Deposit; or (2) the remaining and replacement Tenants must sign an entirely new Lease. Unless Landlord
agrees otherwise in writing, Tenants Security Deposit will automatically transfer to the replacement
Tenant as of the date Landlord approves. The departing Tenant will no longer have a right to occupancy
or a Security Deposit refund.
28. Multiple Tenants or Occupants: Each Tenant is jointly and severally liable for all Lease obligations. If
Tenant or any guest or occupant violates the Lease or rules, all Tenants are considered to have violated
the Lease. Our requests and notices (including sale notices) to any Tenants constitute notice to all
Tenants and occupants. Notices and requests from any Tenant or occupant (including notices of Lease
termination, repair requests, and entry permissions) constitute notice from all Tenants. In eviction suits,
each Tenant is considered the agent of all other Tenants of the Premise for service of process.
By initialing below, you "the Tenant" acknowledge and agree to the terms above.
[[Tenant_Initials]]
Move-Out Policies
29. Move-Out Notice: If Tenant wishes to move-out of the Premise when the Lease Term ends, Tenant
must provide Landlord with prior written notice at least sixty (60) days before the Lease Term ends. If
the Tenant does not give sixty (60) days' notice, the Landlord reserves the right to continue this Lease on
Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb
27-CV-HC-24-4389
Filed in District Court
State of Minnesota
6/29/2024 2:04 PM
a month-to-month basis at 15% above Market Rent with a required sixty (60) days' notice of move-out in
writing. All move-out dates must be on the last day of the month.
30. Early Move-Out: Tenant will be liable to Landlord for a reletting charge equal to one months' rent if
Tenant:
1. Fail to give sixty (60) days' written notice of Tenants intent to move-out, as required in Section 29
(Move-Out Notice);
2. Move-out without paying rent in full for the entire Lease Term or renewal period;
3. Move-out at Landlord demand due to Tenant Default; or
4. Are judicially evicted.
The Reletting Charge is not a cancellation fee and does not release Tenant from Tenants obligations
under this Lease. Not a Release. The reletting charge is not a Lease cancellation fee or buyout fee. It is
an agreed-to liquidated amount covering only part of our damages; that is, our time, effort, and expense
in finding and processing a replacement. The reletting charge does not release Tenant from continued
liability for future or past-due rent; charges for cleaning, repairing, repainting, or unreturned keys; or
other sums due.
31. Moving Out or Holding Over: Tenant shall move-out of the Premises when this Lease Term ends.
When Tenant moves out, Tenant shall leave the Premises in as good condition as it was when the Lease
started, with the exception of reasonable wear and tear. Tenant will vacate the Premises no later than
12:00 PM on the date the Lease Term ends. If Tenant fails to vacate the Premises by this time, Tenant
shall be liable to pay Landlord for any resulting losses including rent, court costs, and at
Preview
27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM See Instructions (HOU101) for help in filling out this form. State of Minnesota District Court County of: Hennepin Court File Number: Judicial District: Fourth Case Type: Eviction Plaintiff #1 (Landlord) Plaintiff #2 (Landlord) Name: GS NMINN Holdings, LLC Name: Address: c/o The Engel Firm, PLLC Address: 333 Washington Ave. N. #300 City/State/Zip Minneapolis, MN 55401 City/State/Zip: VS VS Defendant #1 (Tenant) Defendant #2 (Tenant) Name: Prime Home Health Care, LLC Name: John Doe, Mary Roe Address: 3515 Penn Avenue North Address: 3515 Penn Avenue North Unit 203 Unit 203 City/State/Zip: Minneapolis, MN 55412 City/State/Zip: Minneapolis, MN 55412 EVICTION ACTION COMPLAINT (HOU102) Minn. Stat. § 504B.321 PLEASE TAKE NOTICE: If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney in a public housing eviction case that alleges breach of lease under Minn. Stat. § 504B.171 or § 504B.285 Check the box if the leased or rental property qualifies as public housing as term is used in Minn. Stat. § 504B.268. Check the box if the tenancy is affected by a federal or state housing subsidy program through project-based federal assistance payments, the Section 8 program, as defined in Minn. Stat. § 469.002, subd. 24; the low-income housing tax credit program; or any other similar program. Name of agency that administers the housing subsidy program: Check the box if there are more than two plaintiffs or more than two defendants. List the information for the other parties on the Additional Litigants Form, HOU125 1. Rental Agreement (Lease) Landlord leased or rented the property located at: Address: 3515 Penn Avenue North Apartment #: Unit 203 City, State, Zip: Minneapolis, MN 55412 Eviction Action Complaint HOU102 State ENG Rev 1/24 - D www.mncourts.gov/forms Page 1 of 4 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM County: Includes a garage Does not include a garage The agreement for the property, beginning from January, 2023 (date), and ending January, 2024 (date), is an ORAL or WRITTEN agreement and is for: (Check all that apply) Payment of Rent. The current due and payable under this agreement each month is $ 945.00 due on the 1st day of the month. Exchange of Services. The agreement for exchange of services was: (explain in detail) Important! If there is a written agreement (lease), you must include the written lease, or most recent written lease in existence, and any relevant lease addenda, with this Complaint. 2. Notice of Right of Possession by Landlord for Residential Leases Landlord having present right of possession of the residential property, has followed Minn. Stat. § 504B.181 by: (You must check either A and B, or C) a. Informing the Tenant, either in the rental agreement or otherwise, before the beginning of the tenancy, the name and address of: • The person authorized to manage the property; AND • A landlord or agent authorize by the landlord to accept service of process and receive and give receipt for notices and demands; AND b. Posting in an obvious place on the property a printed or typewritten notice that includes the information above. Explain where the notice is posted: OR c The Tenant knew of the name and address of the person authorized to manage the property and accept and give receipt for notices and demands, at least 30 days before the filing of this action, because: in written lease agreement and correspondence with tenant. 3. Grounds for Eviction Landlord seeks to have the Tenant evicted for the following reasons: (Check all that apply) Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 2 of 4 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM a. The Tenant is still in possession of the premises and has failed to pay rent for the month(s) of in the amount of $ per month, payable on the day of each month, for a total due of $ . For Residential Leases Only: A written notice pursuant to Minn. Stat.§ 504B.321 subd. 1(a) was served on Tenant (date), which was at least 14 days before filing this eviction complaint. The written notice is attached. b. The Tenant failed to vacate the property after written notice was given: (check all that apply) Landlord gave written notice to Tenant on 03/08/2024 (date) to vacate the property by 05/31/2024 (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate. Tenant gave written notice to Landlord on (date) that they would vacate the property by (date). Tenant has failed to vacate the property. Attach copy of written notice to vacate. c. The Tenant has broken the terms of the rental agreement by the following: (Explain, in detail) • The specific clause of the agreement that was violated; • The dates and description of what happened that violated the agreement; and • Which section of the agreement gives the landlord the right to evict tenant for breaking the terms of the rental agreement. d. The Tenant has breached the covenants at stated in Minn. Stat. §504B.171 by: (Explain, in detail, what happened including dates.) e. The Tenant defaulted on the mortgage, and the property has been sold at a Sheriff's sale. The Redemption period has expired, and Plaintiff is entitled to possession. f. The Tenant defaulted on a Contract for Deed and is holding over after proper cancellation of the contract. Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 3 of 4 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM 4. The Landlord seeks judgment against the above Tenants for restitution of said premises plus costs and disbursements. 5. Tenant #1 date of birth / Unknown; Tenant #2 date of birth / Unknown; If a tenant is a business, leave this section blank for that tenant. 6. Military status for Tenant: Tenant # 1 is in the military service is not in the military service Unknown Tenant # 2 is in the military service is not in the military service Unknown If a tenant is a business, leave this section blank for that tenant. I declare under penalty of perjury that everything that I have stated in this document is true and correct. Minn. Stat. § 358.116. ****Notice: A licensed attorney must sign the Complaint and appear in court on behalf of a corporation or LLC. **** Dated: 06/29/2024 /s/ Matthew A. Engel Signature Hennepin Name: Matthew A. Engel County and State where signed Address: 333 Washington Avenue North Suite 300 City/State/Zip: Minneapolis, MN 55401 Phone: 612-373-7060 Email: matt@theengellawfirm.com Eviction Action Complaint HOU102 State ENG Rev 1/24 -D www.mncourts.gov/forms Page 4 of 4 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM 03/08/2024 Prime Home Health Care LLC 3515 Penn Ave N - 203 Minneapolis, MN 55412 To: Prime Home Health Care LLC, the tenant(s), Jane Doe, John Doe and all other persons in possession of the leased premises described as address: 3515 Penn Ave N - 203 Minneapolis, MN 55412 IN ACCORDANCE WITH MINNESOTA STATUTES: § 504B.135 TERMINATING TENANCY AT WILL YOU ARE HEREBY NOTIFIED that effective after the date this notice has been served to you, the periodic tenancy by which you hold possession of the premises is terminated, at which time you are required to vacate and surrender possession of the premises. If you fail to do so, legal proceedings will be instituted against you to recover possession of the premises, damages, and costs of suit. Per your lease, the landlord must give a 60-day notice to terminate. Until you move out, all other parts of your lease are enforced, such as rent, due dates and late fees. Your security deposit will be returned to you in accordance with your lease agreement. YOU MUST VACATE THE PREMISES AND DELIVER UP POSSESSION BY: 05/31/2024 at noon. Further, please be advised that pursuant to Minn. Stat. §504B.181, the person authorized to manage the premises, accept service of process, and receive and give receipts for notices is: Rental Management Guys 34 Thirteenth Ave NE, Suite B002E Minneapolis, MN 55413 612-888-4888 Thank you in advance for your attention to this matter. Sincerely, Rental Management Guys 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM LEASE AGREEMENT Tenants Full Prime Home Health Care LLC Name(s): Owner: GS MN Fund 1 LLC Property 3515 Penn Ave N 203 Address: Minneapolis MN 55412 Move-In Lease-End 12:00 PM Friday, January 20, 2023 12:00 PM Friday, January 19, 2024 Date: Date: $[[custom___custom_Monthly_Bas Total Monthly Initial Rent: $900.00 e_Rent_2__]] $900.00 Amount: Security Late Fee: 8% $900.00 Deposit: Returned $50.00 ($30.00 NSF Fee & $20 Stall/Garage Check Fee Admin Fee) #: (NSF): Additional Terms, if any: (parking, pet, and storage unit fees) (Additional_Lease_Terms): $150.00 (The Following is required by MN Statutes Section 504B.181) Owner of the Premises or an Agent is authorized to accept service of process and receive and give receipts for notices and demands. All Tenants agree that notices and demands delivered by authorized Agents to the above- referenced Premises are proper notices to Tenants. (Authorized Owner Agent of Property): _________________________________________ Midwest GIR Group (Authorized Owner Agent Address): ___________________________________________ 3853 Central Avenue Northeast, Minneapolis, MN, 55421 (Authorized Owner Agent City, State, & Zip Code): ________________________________________ (612) 522-3394 For the purpose of this Lease Agreement, the term “Landlord” shall refer to Owner and Agent, as the Agent is authorized to act on behalf of the Owner as the Owner's representative. Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM This Residential Lease Contract (this “Lease”) is made into effect (Lease_Execution_Date_1): ______________________ Friday, January 20, 2023 (the “Effective Date”), by and between (Management_Company_Name__2) ___________________________ Midwest GIR Group (the “Landlord”), and (Tenants Full Names) _____________________________________________________________________________________ Prime Home Health Care LLC ____________________________ (each adult signing this Lease is individually and collectively referred to as “Tenant”). In consideration of the promises herein set forth and for other good and valuable consideration, nature, receipt, and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: Occupants. The only individuals that are authorized to reside in the Premises are the Tenants set in the introductory paragraph of this Lease, and the following children of such Tenants (if none, state “none”): (Additional_Occupants_Name): ____________________________________________________ (Additional_Occupants_Name (2)): _____________________________________________________ (Additional_Occupants_Name (3)): ____________________________________________________ No one else may occupy the Premise. Persons not listed above must not stay in the Premise for more than 14 consecutive days without our prior written consent, and no more than twice that many days in any one month. 1. Rental of Premises: In consideration of the Rent, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord: (Property_Address_Line & Unit_Number) ___________________________________________________________________ 3515 Penn Ave N 203 in (city)_____________________, Minneapolis (state) [[MN]] (zip code)__________________(the 55412 “Premises”) for use as a private residence only for the Term of this Lease. 2. Rent: Tenant agrees to pay rent each month during the Term for Tenant's use of the Premises on a monthly basis. The rent payment of this Lease for each month must be paid on or before the first (1st) day of each month. The monthly rental amount that Tenant is obligated to pay during the Initial Term is the Total Monthly Amount Due, stated below. Landlord is not required to give notice to Tenant to pay rent. UPON LANDLORD'S REQUEST, TENANT AGREES TO PAY RENT VIA ELECTRONIC FUNDS TRANSFER AS DESCRIBED IN THE ELECTRONIC FUNDS TRANSFER ADDENDUM ATTACHED HERETO. Initial Rent $ $900.00 Parking Rent $ Storage Rent $ Utility Charge $ Pet Rent $ Other (specify, $ 150.00 Month to Lease Fee Total Monthly Amount Due $ 1050.00 UPON LANDLORD'S REQUEST, TENANT AGREES TO PAY RENT VIA ELECTRONIC FUNDS TRANSFER AS DESCRIBED IN THE ELECTRONIC FUNDS TRANSFER ADDENDUM ATTACHED HERETO. Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM If the Term is extended or renewed beyond the Initial Term, Tenant agrees to pay the Total Monthly Rent amount set forth in such extension or renewal or, if no such monthly rental amount is stated, Tenant agrees to pay an amount equal to the Initial Rent. 3. Each Tenant Responsible: Each Tenant is individually responsible for all money due to Landlord under this Lease including all Rent. 4. Payment: Electronic Funds Transfer (EFT), Credit Card, Debit Card, Personal Check, Money Order, or Cashier's Checks are the only acceptable forms of payment for rent and all other amounts due under this Lease. Payments made by Personal Checks, Money Orders or Cashier's Checks shall be mailed directly to Landlord “MIDWEST GIRG” or hand delivered by Tenant to Landlord at Landlord's Office. Cash payments are not acceptable and will not be received by Landlord. 5. Late Fee; Returned Check: If Landlord does not receive the Total Monthly Rent payment due under this Lease by 12:00 am on the fifth (5th) day of each month Tenant will be charged a Late Fee in the amount of 8% of the total past due amount. If Tenants do not pay rent on time, they will be delinquent and all remedies under this Lease will be authorized. Tenant must also pay Landlord $50.00 for each unpaid check returned by Tenant's bank or rejected electronic payment ($30.00-NSF fee, $20.00-processing fee), in addition to the Late Fee if the payment is not received before the fifth (5th) day after Rent is due. Rent is “paid” when the Landlord receives it, not when it is mailed or sent by Tenant. 6. Security Deposit: Tenant agrees to deposit with Landlord the Security Deposit in the amount of $[[Lease_Security_Deposit]]: ____________________________ $900.00 on or before the Start Date as security for Tenant's obligations under this Lease. Tenant understands the stated Security Deposit amount DOES NOT reflect the “Performance Deposit Agreement” decuction. The Performance Deposit Agreement states that $200.00 of the original security deposit shall be none-refundable and allocated as follows; a one-time $100.00 administrative move-in fee, and a $100.00 move-out cleaning fee. Tenants' Security Deposit shall be held by Landlord during the term of this agreement in accordance with the provisions of MN Statute 504B. Landlord shall pay the Tenant interest on the Security Deposit at the rate of one (1%) percent per annum, pursuant to MN Statute 504B.178, Subd. 2. Provided that Tenant is not in breach of this agreement, Landlord shall return Tenants Security Deposit within twenty-one (21) days after the latest date of the following events: (1) the end of the Lease Term; (2) Tenant has completely vacated the Premises, returned all keys, and garage door openers; and (3) receipt of Tenants Forwarding Address or delivery instructions. If Landlord does not return the deposit within twenty-one (21) days, Landlord must give Tenant a written statement showing the specific reason for withholding part of all of the Security Deposit. Landlord may keep all or part of the Security Deposit for (1) rent or other money owed to the Landlord; and (2) for damage to the Premises beyond ordinary wear and tear. Tenant agrees to return the Premises at the end of the Lease Term in a condition as good as the condition at the start of the tenancy, except for ordinary wear and tear as a result of normal use. Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM Owner and Tenant agree to hold MIDWEST GIRG completely harmless with all respect to the refund of Security Deposit amount(s). It shall be determined between the Owner and Tenant as to how such funds shall be disbursed at the end of the tenancy. Should the Security Deposit be transferred to the Property Owner, Tenant shall receive the “Security Deposit Transfer Form”. With the transfer of deposit, the Property Owner will assume full responsibility of the Security Deposit and sole responsibility for the return of the deposit upon the end of the Lease Term so long as all Lease obligations have been fulfilled. 7. Lease Term; Possession: Landlord must deliver possession of the Premises to Tenant by 12:00 p.m. on the Start Date. Landlord agrees to lease to Tenant the Premises for the Initial Term. Landlord may, but has no obligation to, extend or renew the Lease Term by entering into with Tenant a written extension or renewal. If the parties do not enter into such an extension or renewal, the terms of Section 31 (Moving Out or Holding Over) shall apply. Notwithstanding the foregoing, at the expiration of the Initial Term (as extended by any applicable renewals or extensions entered into by the parties) the Lease will automatically convert to a month-to-month tenancy. If either party desires to terminate this Lease, such party must provide the other party with notice of such party's desire to do so at least 60 days prior to the desired termination date, provided that the Term may only end on the last day of the applicable calendar month. All notices not meeting the requirements set forth in this Section will be invalid. Notwithstanding the foregoing, Landlord shall not be liable to Tenant for damages of any kind whatsoever if Landlord cannot deliver possession of the Premises on the first day of the tenancy due to the Premises being damaged or unavailable for any reason. 8. Maintenance Requests: All Maintenance and repair requests MUST be submitted through; (1) online through the Tenant Portal, (2) E-Mail, (3) or signed and in writing and delivered to Landlord representative. (except in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). Oral requests do not constitute a written request. 9. Designated Parking Spaces: Tenant is entitled to exclusively use the following parking or garage space(s) during the Term (if none, state “none”)[[custom___custom_Parking_Spot_Number__]]: _________________________________________. As consideration for Tenant's use of such spaces Tenant must pay the Parking Rent together with each monthly rent payment due pursuant to Section 2 (Rent) above. 10. Designated Storage Unit: Tenant is entitled to use the following storage unit during the Term (if none, state “none”) [[custom___custom_Storage_Unit_Number__]]: ____________________________. As consideration for Tenant's use of such storage unit Tenant must pay the Storage Unit Rent together with each monthly rent payment due pursuant to Section 2 (Rent) above. Landlord is not liable for any loss or damage attributable to items stored in the storage unit. 11. Utilities: The following utilities are paid for by Landlord, check all that apply; (Water/Sewer [[_______]] Gas: [[_______]] Electricity: [[_______]] Trash: [[_______]] Other: [[_______]] The following utilities are paid for by the Tenant, check all that apply; (Water/Sewer [[_______]] Gas: [[_______]] Electricity: [[_______]] Trash: [[_______]] Other: [[_______]] Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM Tenant must not allow utilities to be disconnected—including disconnection for delinquent payment— throughout the Lease Term and renewal period. Utilities may be used only for normal household purposes and must not be wasted. 12. Delay of Occupancy: If occupancy is or will be delayed for construction, repairs, cleaning, or a previous Tenant's holding over, the Landlord is not responsible for the delay. The Lease will remain in force subject to (1) abatement of rent on a daily basis during delay; and (2) Tenants' right to terminate. Tenant may terminate up to the date when the Premise is ready for occupancy, but not later. The termination notice must be in writing. After termination, Tenant is entitled only to refund of deposit(s) and any rent paid. Rent abatement or Lease termination does not apply if a delay is for cleaning or repairs that don't prevent Tenants from occupying the Premise. 13. Reimbursement: Tenant must promptly reimburse Landlord for loss, damage, government fines, or cost of repairs or service at the Property due to a violation of the Lease or rules, improper use or negligence by Tenant or Tenant's guests or occupants. Landlord may require payment at any time, including advance payment of repairs for which Tenant is liable. Delay in demanding sums Tenant owes is not a waiver. By initialing below, you "the Tenant" acknowledge and agree to the terms above. [[Tenant_Initials]] Responsibilities and Rights of Tenant 14. Community Policies and Rules: Tenant and all guests and occupants must comply with any written rules and policies, including instructions for care of the Premise and Property. Our rules are considered part of this Lease. Upon advance notice and compliance with Minnesota law, Landlord may make reasonable changes to the said written rules. 15. Quiet Enjoyment: If Tenant pays Rent and complies with all other terms of this Lease, Tenant may use the Premises for the Term of this Lease. 16. Maintenance and Repair: Tenant promises, at Tenant's expense, to make all repairs and eliminate any violation of health and safety laws that result from the negligent, willful, malicious or irresponsible conduct of the Tenant, Tenant's guests or occupants. Tenant shall comply with all sanitary laws. Without limiting to the generality of the foregoing, Tenant shall: 1. Not leave windows or doors in an open position during any inclement weather. 2. Not cause or permit any locks, hooks, or security systems to be placed in the Premises or Property without the prior written consent of the Landlord. 3. Keep all bathrooms, sinks, toilets, disposals, pump systems, and other water and plumbing apparatus in good working order and shall use the same only for the purpose of which they were constructed. Tenant shall not allow any sweepings, garbage, hair, sand, rags, ashes, bones, grease, or other substances to be thrown or deposited therein. Any damage to any such apparatus and the costs of clearing stopped plumbing resulting from the misuse will be the full responsibility of the tenant. Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM 4. Be responsible for any damaged or broken glass due to Tenant, Tenant's guests or occupants arising form willful or negligent conduct. Tenant shall not be responsible for any damaged or broken glass caused by Landlord or inclement weather. 5. Leaking pipes, unless caused by the negligence of Tenant, are to be repaired by the Landlord but the Landlord shall not be liable for any damages resulting from such leaks and/or overflows which are caused by Tenants' willful or negligent behavior. Alteration of plumbing, appliances or fixtures is strictly prohibited unless Tenant has the written consent from the Landlord. 6. Light bulbs, batteries, and filters of any kind are at the Tenants' expense and responsibility to replace in the Premises. 17. Damage or Injury to Tenant or Tenant's Property; Insurance: Landlord does not maintain insurance to cover the Tenant's personal property or personal injury. Landlord is not responsible to any Tenant, guest, or occupant for damage or loss of personal property or personal injury from (including but not limited to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, hurricane, negligence of other Tenants', occupants, or invited/uninvited guests or vandalism unless otherwise required by law. Tenant is responsible to reimburse Landlord for any and all costs Landlord may pay due to any claim or suit because of an injury or damage to any persons or their property in or on the Premises. 18. Tenant Use of Premise: Tenant makes the following promises: 1. Tenant shall only use the Premises as a private residence for the Tenant to live in and for no other purposes. 2. Tenant shall not use the Premises or any other portion of the Property in any way that is unlawful, illegal, or dangerous. 3. Tenant agrees that any police report generated in connection with the Premise or the Property during Tenant's tenancy is grounds for immediate eviction, regardless of whether Tenant is current on rent payments. 4. Tenant agrees that the discovery of controlled substances in the Premise or the Property by Landlord, the police, or any other law enforcement agency is grounds for immediate eviction, regardless of whether Tenant is current on rent payments. 5. Tenant shall not use the Premise or the Property for the purpose of carrying on any business, profession or trade. 6. Tenant shall not allow damage to the Premises or the Property. 7. Tenant shall not allow waste of the utilities or services provided by Landlord or provided to the Premises or Property. 8. Tenant shall not make alterations or changes to or remove fixtures from, the Premises of the Property. 9. Tenant shall not paint the Premises without Landlord's prior written approval. 10. Tenant shall not unreasonably disturb the peace and quiet of others. 11. Tenant shall not interfere with the management of the Property and shall not allow the Tenant's guests to do so. 12. Tenant shall not use the Premises or any other portion of the Property in any way that would cause a cancellation, restriction or increase in the premium of Landlord's insurance. 13. Tenant agrees that no persons will sleep in or use as a bedroom any room that does not contain an egress or fire code window as required by applicable City, County, or State codes. Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM 14. Tenant agrees to hold Landlord harmless from any damages or liability arising out of or in connection with any persons sleeping in such rooms or using such rooms as a bedroom. 15. Tenant agrees that no persons not identified on this Lease as Tenants or Occupants may live in the Premises at any given time without the prior written permission of the Landlord. 16. Tenant shall recycle or dispose of trash on a regular basis in the designated outside trash receptacles provided for that purpose. 17. Tenant shall notify Landlord in writing of any repairs to be made to the Premises. 19. Garbage and Refuse Removal: All trash must be placed in sealed, plastic bags. All trash is to be disposed of in designated outside trash receptacles provided for that purpose. No boxes are to be thrown down any trash chute. If Landlord is to pick up any trash or litter identified as the Tenant's, Tenant will be charged $25.00 for each occurrence; this includes newspapers and magazines left for a period longer than twenty-four (24) hours in any common areas. Any items that will not fit the standard garbage container at the Property or items that are left in or around the garbage area will be charged back to the Tenant. 20. Community Associations: If the Premise is located within a community association, Tenant acknowledges receipt of a copy of the Bylaws, Declaration of Covenants, Rules and Regulations, and other governing documents for the association (“Covenants”) and agrees to fully adhere to, observe and follow all rules and restrictions as set forth in the Covenants. Tenant agrees to hold Landlord harmless and indemnify Landlord for any fines, assessments, or other damages as a result of Tenant's failure to honor the Covenants. 21. Restrictions on Use: 1. Waterbeds. Tenant may not have water beds or other water-filled furniture in the Premises. 2. Pets. Tenant may not have animals or pets in the Premises or the Building without Landlords prior to written approval. Such approval may be subject to Tenant providing Landlord with an additional Pet Damage Deposit in the amount required by Landlord. Tenant must execute the Pet Addendum if Tenant desires to have a pet in the Premises and Landlord has consented to such Pet. If Tenant desires to have a “companion animal” or “service animal” in Tenant's Premises, Tenant must complete and execute the Companion Animal or Service Animal Addendum. 3. Locks. Tenant may not add or change locks. At Tenant's request and expense, Landlord will change the locks or have the lock cylinders re-keyed. 4. Vehicles. Tenant may not have any motor home, camper, trailer, boat, recreational vehicle, unlicensed vehicle, inoperable vehicle, vehicle on blocks, or commercial truck on or at the Property without Landlord's prior written consent. A commercial truck is any tuck in commercial service or larger than a pickup truck. Permitted vehicles must be parked in designated areas only. Three (3) days after giving notice to Tenant, Landlord may remove and store any offending vehicles. Tenant must pay reasonable removal and storage expenses as additional rent. 5. Kerosene Lamps, Heaters. Tenants may not use kerosene lamps or kerosene heaters anywhere in the Premises or the Property without Landlord's prior written consent. 6. Balconies and Patios. Tenants may not cook or grill on any balconies or patios on the Premises or the Property without prior written consent from the Landlord. Cooking and or grilling “outside” is only prohibited in designated grilling areas away from the Building. Tenants may not use balconies or patios to store any items, except for furniture designed specifically for outdoor use. Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM 22. Prohibited Conduct: Tenant and Tenant's occupants or guests may not engage in the following activities: behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety, or convenience of others (including our agents and employees) in the Premises or the Property; disrupting our business operations; manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the Premises or Property; displaying or possessing a gun, knife, or other weapon in the Building common areas in a way that may alarm others; storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials on the Property; or injuring our reputation by making bad faith allegations against Landlord to others. 23. Tenant Safety and Property Loss: Tenant and all occupants and guests must exercise due care for the Premises and Property and others' safety and security, especially in the use of smoke detectors, carbon monoxide detectors, keyed deadbolt locks, keyless bolting devices, window latches, and access control devices. Smoke Detectors/Carbon Monoxide Detectors. Landlord will furnish smoke detectors and carbon monoxide detectors as required by statute, and Landlord will test them and provide working batteries when Tenant first takes possession. After that, Tenant must pay for and replace batteries as needed, unless the law provides otherwise. Landlord may replace dead or missing batteries at Tenant's expense, without prior notice to Tenant. Tenant must immediately report smoke-detector malfunctions to Landlord. Neither Tenant nor others may disable smoke detectors or carbon monoxide detectors. If Tenant's damage or disable the smoke detector or carbon monoxide detector or remove a battery without replacing it with a working battery, Tenant may be liable to Landlord under state statute for $100 plus one month's rent, actual damages, and attorney's fees. If Tenant disables or damage the smoke detector or carbon monoxide detector or fail to replace a dead battery or report malfunctions to Landlord, Tenant will be liable to Landlord and others for any loss, damage, or fines from fire, smoke, or water. Casualty Loss. Landlord is not liable to any Tenant, Tenants guests or occupants for personal injury or damage or loss of personal property from any cause, including but not limited to: fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, or vandalism unless otherwise required by law. Landlord has no duty to remove any ice, sleet, or snow but may remove any amount with or without notice. During freezing weather, Tenant must ensure that the temperature in the Premise is sufficient to make sure that the pipes do not freeze (Landlord suggests at least 50 degrees). If the pipes freeze or any other damage is caused by Tenant's failure to properly maintain the heat in the Premise, Tenant will be liable for damage to Landlord property and other's property. If Tenant asks our representatives to perform services not contemplated in this Lease, Tenant will indemnify Landlord and hold Landlord harmless from all liability for these services. 24. Condition of the Premise and Alterations: Tenant accepts the Premises, fixtures, and furniture as is, except for conditions materially affecting the health or safety of ordinary persons. Landlord disclaim all implied warranties. Tenant shall be given an Inventory and Condition form on or before move-in. Tenant must note on the form all defects or damage and return it to Landlord representative. Otherwise, everything will be considered to be in a clean, safe, and good working condition. Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM Tenant must use customary diligence in maintaining the Premise and not damaging or littering the common areas. Unless authorized by statute or by Landlord in writing, Tenant must not perform any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter to the Premises or Property. No holes or stickers are allowed inside or outside the Premise. But Landlord will permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves of wood- paneled walls unless our rules state otherwise. No water furniture, washing machines, additional phone or TV-cable outlets, alarm systems, or lock changes, additions, or rekeying is permitted unless statutorily allowed or with Landlords written consent. Tenant may install a satellite dish or antenna provided Tenant gets prior written approval from Landlord. Tenant will be held responsible for any damages caused during the installation of a satellite dish or antenna to the Premise or Property. Tenant agrees not to alter, damage, or remove Landlord property, including alarm systems, smoke detectors, furniture, telephone and cable TV wiring, screens, locks, and access control devices. When Tenant moves in, Landlord will supply light bulbs for fixtures furnish in the Premises, including exterior fixtures operated from inside the Premise; after that, Tenant will replace them at Tenant's expense with bulbs of the same type and wattage. Tenant improvements to the Premise (whether or not Landlord consented) become the Landlords unless agreed otherwise in writing. 25. Notice of Dangerous Conditions: Tenant shall promptly notify Landlord of any conditions that might cause damage to the Premises or waste utilities or services provided by Landlord. 26. Assignment; Subletting; Abandonment: Tenant may not sublet part or all of the Premise, or assign Tenant's rights under the Lease, without Landlord's prior written consent. Tenant may not vacate or abandon the Premises during the Term. 27. Procedures for Replacement: If Landlord approves a replacement Tenant, then, at Landlord's option: (1) the replacement Tenant must sign this Lease with or without an increase in the total Security Deposit; or (2) the remaining and replacement Tenants must sign an entirely new Lease. Unless Landlord agrees otherwise in writing, Tenants Security Deposit will automatically transfer to the replacement Tenant as of the date Landlord approves. The departing Tenant will no longer have a right to occupancy or a Security Deposit refund. 28. Multiple Tenants or Occupants: Each Tenant is jointly and severally liable for all Lease obligations. If Tenant or any guest or occupant violates the Lease or rules, all Tenants are considered to have violated the Lease. Our requests and notices (including sale notices) to any Tenants constitute notice to all Tenants and occupants. Notices and requests from any Tenant or occupant (including notices of Lease termination, repair requests, and entry permissions) constitute notice from all Tenants. In eviction suits, each Tenant is considered the agent of all other Tenants of the Premise for service of process. By initialing below, you "the Tenant" acknowledge and agree to the terms above. [[Tenant_Initials]] Move-Out Policies 29. Move-Out Notice: If Tenant wishes to move-out of the Premise when the Lease Term ends, Tenant must provide Landlord with prior written notice at least sixty (60) days before the Lease Term ends. If the Tenant does not give sixty (60) days' notice, the Landlord reserves the right to continue this Lease on Doc ID: 38e9d30bef6dc9e1e1e45bdec4412d1501075adb 27-CV-HC-24-4389 Filed in District Court State of Minnesota 6/29/2024 2:04 PM a month-to-month basis at 15% above Market Rent with a required sixty (60) days' notice of move-out in writing. All move-out dates must be on the last day of the month. 30. Early Move-Out: Tenant will be liable to Landlord for a reletting charge equal to one months' rent if Tenant: 1. Fail to give sixty (60) days' written notice of Tenants intent to move-out, as required in Section 29 (Move-Out Notice); 2. Move-out without paying rent in full for the entire Lease Term or renewal period; 3. Move-out at Landlord demand due to Tenant Default; or 4. Are judicially evicted. The Reletting Charge is not a cancellation fee and does not release Tenant from Tenants obligations under this Lease. Not a Release. The reletting charge is not a Lease cancellation fee or buyout fee. It is an agreed-to liquidated amount covering only part of our damages; that is, our time, effort, and expense in finding and processing a replacement. The reletting charge does not release Tenant from continued liability for future or past-due rent; charges for cleaning, repairing, repainting, or unreturned keys; or other sums due. 31. Moving Out or Holding Over: Tenant shall move-out of the Premises when this Lease Term ends. When Tenant moves out, Tenant shall leave the Premises in as good condition as it was when the Lease started, with the exception of reasonable wear and tear. Tenant will vacate the Premises no later than 12:00 PM on the date the Lease Term ends. If Tenant fails to vacate the Premises by this time, Tenant shall be liable to pay Landlord for any resulting losses including rent, court costs, and at