Preview
27-CV-HC-24-4397
Filed in District Court
State of Minnesota
6/30/2024 8:12 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: HOUSING
Doran 610 Apartments, LLC,
Plaintiff, COMPLAINT
vs
Satarus Weah (dob 5/8/1996),
John Doe, Jane Doe,
Defendant.
Parties
1. Plaintiff is Doran 610 Apartments, LLC. Plaintiff is a Landlord as that term is defined
in Minn. Stat. § 504B.001, Subd. 7.
2. Defendant is Satarus Weah. Defendant is a Residential Tenant as that term is defined
in Minn. Stat. § 504B.001, Subd. 12.
The Lease
3. There is a written lease between the parties and it is attached to the Complaint as
Exhibit A.
4. The address of the property in the Lease is 6729 Oak Grove Parkway North #4211
and Garage #346, in the City of Brooklyn Park, County of Hennepin, State of
Minnesota, Zip Code 55445.
5. The tenancy is not affected by a federal or state housing subsidy program through
project-based federal assistance payments; the section 8 program; the LIHTC program
or any other similar program.
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27-CV-HC-24-4397
Filed in District Court
State of Minnesota
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Conditions Precedent
6. All necessary conditions precedent have been performed or have occurred.
7. Plaintiff has complied with Minn. Stat. § 504B.181 by:
a. disclosing to tenant either in the rental agreement or otherwise in writing prior
to the beginning of the tenancy the name and address of: 1) the person authorized
to manage premises; and 2) an owner or agent authorized by owner to accept
service of process and receive and give receipts for notice and demands, AND
b. posting in a conspicuous place on the property a printed or typewritten notice
containing the above information in the lease, OR
c. the above information is known by or has been disclosed to the tenant not less
than 30 days before the filing of this action because of communications from
landlord.
Count 1: Eviction – Non-payment
8. A detailed, itemized accounting or statement listing the amounts owing is attached to
this Complaint as Exhibit B.
9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly
delivered. That notice is attached to this Complaint as Exhibit C.
10. In addition to the arrearages identified in the immediately preceding paragraphs,
pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored
to possession, Defendant(s) may be required to pay to the landlord or bring to court
the amount of the rent that is in arrears, with interest, costs of the action, and an
attorney’s fee not to exceed $5, and by performing any other covenants of the lease –
including amounts that become due during the pendency of this action.
11. The total amount required to redeem the tenancy is $4,760.64 + $377.00 (costs of the
action – filing fee and service fee) for a total of $5,137.64, plus any additional
amounts, or other covenants of the lease which may become due during the pendency
of this action. The amount pled not include all money owing under the lease.
12. Defendants’ military status is unknown.
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27-CV-HC-24-4397
Filed in District Court
State of Minnesota
6/30/2024 8:12 AM
Request for Relief
1. Plaintiff seeks judgment against Defendant and an Order for possession of the
property and the issuance of an immediate Writ of Recovery.
2. Plaintiff seeks all allowable costs and disbursements of the action.
I declare under penalty of perjury that everything I have stated in this document is true and
correct to the best of my knowledge and belief. Minn. Stat. § 358.116.
Dated: June 25, 2024 HANBERY & TURNER, P.A.
/s/ Douglass E. Turner
Douglass E. Turner, #0279948
33 South 6th St. Suite 4160
Minneapolis, MN 55402
Tele: (612) 353-4388
EM: hnc@hnclaw.com
Attorney for Plaintiff
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27-CV-HC-24-4397
Filed in District Court
State of Minnesota
6/30/2024 8:12 AM
APARTMENT LEASE CONTRACT – Reference Pages
APARTMENT COMMUNITY: 610West4 LANDLORD: Doran 610 Apartments, LLC
APARTMENT ADDRESS: 6729 Oak Grove Parkway North, #4211, Brooklyn Park, MN 55445
The terms of this agreement (hereinafter, the “Lease”) are as entered below:
“Residents”: (Legal names of all who are legally obligated to this Lease):
Resident’s Name
Satarus Weah
Additional “Occupants”: (List all other persons who will be living in the home):
Occupant’s Name
Watson Tolbert Mercy Jargbahson
Apartment Address & Lease Duration:
STREET ADDRESS OF RENTAL APARTMENT: 6729 Oak Grove Parkway North
CITY: Brooklyn Park STATE: MN ZIP CODE: 55445 APARTMENT NUMBER 4211
STARTING DATE OF APARTMENT LEASE CONTRACT: 12/30/2023 (“Start Date”)
Pro-rate First Month’s Rent:
ENDING DATE OF APARTMENT LEASE CONTRACT: 12/29/2024 (“End Date”)
Pro-rate Last Months’ Rent:
DURATION OF APARTMENT LEASE CONTRACT: 12 MONTHS
NOTICE PERIOD REQUIRED: The notice period is 60 Days on or before the last day of the existing Lease. Notice to be receive by the Management
Office in writing unless indicated otherwise herein. (initials)
Lease Payments, Fees & Deposits: Deposits Held
MONTHLY LEASE CHARGES: Security Deposit: $300.00
RENT $2069.00
PET RENT
PARKING $75.00
STORAGE One-time non-refundable Fees
UTILITY $25.00 Administration Fee: $150.00
TRASH $35.00 Animal Fee: $0.00
SHORT-TERM FEE
OTHER
Total Monthly Lease Charges (Collectively “Rent”):: $2,204.00
RENTAL PAYMENTS/LATE CHARGES: Rent is due on the 1st of the month – payable to the Landlord first identified above. If total
Rent is not received in full by 4:30 p.m. on the 4th of the month in which it is due, Management may charge a fee up to 8% of the monthly
lease charges.
UTILITIES PAID BY RESIDENT: ELECTRIC WATER/SEWER TRASH HEAT/GAS OTHER: TV/Phone/Internet
UTILITIES PAID BY LANDORD/MANAGEMENT: ELECTRIC WATER/SEWER TRASH HEAT/GAS OTHER: n/a
Resident Acknowledgement
Resident Initials
Doran Residential
Apartment Lease Contract
Rev. 08.01.2022
EXHIBIT A
Document digitally signed using RENTCafe eSignature services. Document ID: 498550
27-CV-HC-24-4397
Filed in District Court
State of Minnesota
6/30/2024 8:12 AM
APARTMENT LEASE CONTRACT – Reference Pages
The following is required by Minnesota Statutes, Section 504B.181
The company authorized to manage these premises and authorized to accept service of process and receive and give receipts for notices and demands is:
Doran Management, LLC, 7803 Glenroy Road, Suite 100 Bloomington, MN 55439; Management Office Telephone: (952) 288-2000
The information in the Apartment Lease Contract – Reference Pages (“Reference Pages”) is incorporated into and made a part of the Apartment Lease
Contract to which it is attached. Management (acting as Agent for the Owner) and Resident acknowledge and agree to the terms of this Lease as set forth on
the Reference Pages and on any attachments or amendments that may be part of this Lease. In the event of any conflict between any information in the
Reference Pages and the Apartment Lease Contract, the Apartment Lease Contract shall control.
Residents are jointly responsible for all terms and conditions of this Lease. This signed receipt or acknowledgement is prima facie evidence that the Resident
has received a copy of the Lease. Resident acknowledges and agrees that any communications from Landlord or Management to Resident, including all
notices required under this Lease, may be provided by Landlord or Management to Resident at the email address(es) or telephone number(s) that Resident has
provided to Management, except as otherwise required by law. It is Resident’s responsibility to provide Management, in writing, with the Resident’s full and
correct email address(es) and telephone number(s) and, in the event Resident’s contact information changes during the Term of the Lease, Resident agrees to
provide, in writing, this same updated information to Management.
Lease Contract Documents – the documents checked below are also attached to and made a part of the Lease for the Apartment identified in the Reference
Pages:
[X] Apartment Lease Contract [X] Crime Free/Drug Free Housing Addendum
[X] Community Rules and Policies [X] Pest Control Agreement
[X] Waiver and Release for Use of Facilities [X] Smoke Free Housing Policy
[X] Animal License Agreement [X] Move-in Inspection Form
[ ] Animal Registration Form [X] Concession Tracking Data Sheet
[ ] Storage Space License Addendum [X] Insurance Agreement
[X] Parking License Addendum [ ] Affordable Housing Addendum
[X] Resident’s Acknowledgement Page [ ] Other Addendum
[ ] Employee Residents Addendum
Lead Disclosure: This Apartment Community was not constructed prior to 1978.
Equal Housing: The Apartment Community is a fair housing provider. The Apartment Community does not discriminate against persons based on race,
color, religion, national origin, sex, familial status, disability, creed, marital status, public assistance, ancestry, and sexual or affectional orientation.
Occupancy Guidelines. The maximum number of occupants per Apartment is as follows:
Studio/Alcove Two Persons*
One Bedroom Two Persons*
Two Bedrooms Four Persons (but no more than three adults)*
Three Bedrooms Six Persons (but no more than three adults)*
*plus one if a child is born, adopted, or placed in the home during the Resident’s tenancy.
The Landlords and Tenants: Rights and Responsibilities handbook is written and published by the Minnesota Attorney General’s Office and is available
through their office in alternate formats upon request from:
Office of the Minnesota Attorney General
445 Minnesota Street
Suite 1400
St. Paul, MN 55101
(651) 296-3353 or (800) 657-3787
TTY: (651) 297-7206 or (800) 366-4812
www.ag.state.mn.us
Resident Signatures: Date:
11/28/2023
By: Date: 11/29/2023
Kelly J. Doran, Chief Manager, or Authorized Representative
Doran Residential
Apartment Lease Contract
Rev. 08.01.2022
Document digitally signed using RENTCafe eSignature services. Document ID: 498550
27-CV-HC-24-4397
Filed in District Court
State of Minnesota
6/30/2024 8:12 AM
APARTMENT LEASE CONTRACT
1. PARTIES. This Apartment Lease Contract (“Lease”) is by and between Landlord and Resident (each individually, a “Resident” and collectively,
“Residents”) identified on the Reference Pages for the rental of the Apartment Unit (referred to as either “Apartment” or “Unit”) for use by
Resident as a private residence only. If more than one Resident is identified on the Reference Pages, all Residents are jointly and severally liable for all
the terms and provisions of this Lease. The lease of the Apartment includes the exclusive use of the Apartment in the Apartment Community
identified on the Reference Pages and the non-exclusive use, together with others, of the common Areas in the Apartment Community (for purposes of
this Lease and all amendments and addenda thereto, “Common Areas” are those areas within the Apartment Community to which Resident has access
without going into another apartment within the Apartment Community and those areas to which all residents of the Apartment Community have
general access). Resident will occupy the Apartment along with additional occupants listed on the Reference Pages (referred to as either “Occupant” or
“Occupants”). Resident acknowledges and agrees that the Occupants listed on the Reference Pages are required to comply with the terms and
conditions of this Lease, including all Amendments, Addenda, Community Rules and Policies.
2. CONTRACT DOCUMENTS. Resident acknowledges receipt of all items checked on the Reference Pages and understands that they are part of this
Lease, along with all other Amendments and Addenda that may subsequently become a part of the Lease. Copies of this Lease may be provided to
Resident electronically via email. A paper copy of this Lease is available to Resident upon request.
3. LEASE TERM/HOLDOVER.
a. Lease Term. The term of this Lease begins on the Start Date and ends at 12:00 p.m. (noon) on the End Date indicated on the Reference Pages
(“Term”). If Resident fails to vacate the Apartment by noon on the End Date, Resident will be charged a late move-out charge of $50.00 per hour
for each hour past noon and prior to midnight of the End Date during which the Resident remains in possession of the Apartment. Commencing at
midnight of the End Date, Resident will be deemed a holdover resident and the Holdover provisions of this Lease will then apply. Even if
Landlord cannot deliver timely possession of the Apartment to Resident due to holdover by another resident, or as the result of some other casualty
or delay in occupancy, Landlord will not be liable to Resident for damages because of the delay. However, no Rent will be due for the period from
the Start Date through the date Resident is able to occupy the Apartment. No other remedy is available to Resident. If Landlord is unable to
deliver possession of the Apartment to Resident within thirty (30) calendar days after the Term’s Start Date, Resident may cancel the Lease by
written notice delivered to Landlord within thirty-five (35) calendar days after the Term’s Start Date. In such event, all sums previously paid by
Resident to Landlord or Management will be refunded to Resident, including any Application Fee, Security Deposit or any other deposit or Rent.
b. Holdover. If any Resident still occupies the Apartment past midnight on the End Date, the Resident will be in breach of this Lease and the terms
and conditions of this Lease shall remain in full force and effect, except that the monthly Rent will be equal to 120% of the previous month’s total
Rent for the extra time that Resident stays in the Apartment (payable at once in advance), plus Resident will owe Landlord for all of Landlord’s
staffing costs, costs and damages for any rescheduling of vendors and contractors, including overtime charges, for rescheduling work in the
Apartment and costs and damages of any person who could not move in because of such Resident’s Holdover. The tenancy shall thereafter require
thirty (30) days’ written notice to vacate in the absence of any written agreement to the contrary.
4. RENT AND ADDITIONAL CHARGES/PARTIAL PAYMENTS.
a. Payment of Rent and Additional Charges. Rent, together with any incidental fees or charges that Resident may owe to Landlord from time to
time, is due and payable to Landlord in full in advance on the first day of each calendar month through the End Date of the Term of the Lease.
Resident will pay the first month’s Rent prior to Resident moving in. If the Start Date is other than the first day of a month, Resident’s first
month’s partial Rent will be prorated as itemized on the Reference Pages.
Resident’s payments to Landlord may be made by any one of the following methods: (i) mailing the Rent payment to the Landlord’s mailing
address on the Reference Pages of this Lease, or (ii) processing the Rent payment using Management’s online electronic payment portal, or (iii)
hand delivering the Rent payment to Management in the Apartment Community’s on-site Management Office during the office’s normal business
hours, or (iv) placing the Rent payment in the rent drop box located near the Apartment Community’s on-site Management Office.
If any portion of Resident’s monthly Rent payment is not received by 4:30 p.m. on the 4th day of the month that it is due, the Rent will be
considered late and the Resident will be assessed a late charge of 8% of the rent amount due and outstanding (“Late Fee”). Resident also
agrees to pay a service charge to Landlord of $30.00 or actual bank charges, whichever is higher, for any Resident check (i) returned by Resident’s
bank due to there being non-sufficient funds in Resident’s account to clear the check (“NSF”), or (ii) dishonored by Resident’s Bank, or (iii)
returned by Resident’s bank or issuing third-party vendor for any other reason.
Payments must be made payable to Landlord. Cash will not be accepted under any circumstances. Rent may be paid by personal check, certified
or cashier’s check, money order, traveler’s check or credit card. Resident acknowledges that Resident’s checks may be deposited into
Management’s checking account electronically using an Electronic Fund Transfer (“EFT”) process through the Automated Clearing House
(“ACH”) network, which process would immediately debit Resident’s checking account. Resident’s delivery of any check to Management
authorizes Management to make a one-time electronic fund transfer from Resident’s account. All credit card payments will be subject to a service
charge in an amount determined by the credit card servicing vendor used by Landlord and Management.
Resident has no right to withhold Rent for any purpose, even an act of God, or to reduce any Rent payable to Landlord by any of Resident’s costs
or damages against Landlord, except as permitted by law. At Landlord’s option, Landlord can require that all money payable to Landlord is to be
paid in certified or cashier’s check, money order, bank ACH transfer or personal check. Landlord will not accept personal checks after the Rent is
late. In the event two or more checks are returned due to NSF, Landlord shall thereafter require that all monies paid by Resident during the
remainder of the Term must be paid in certified or cashier’s check. Resident’s obligation to pay Rent is a promise by Resident, which is
independent from all of Landlord’s promises, duties and obligations. If Rent is not received by 4:30 p.m. on the 10th day of any month that it is
Doran Residential
Apartment Lease Contract
Rev. 08.01.2022
Document digitally signed using RENTCafe eSignature services. Document ID: 498550
27-CV-HC-24-4397
Filed in District Court
State of Minnesota
6/30/2024 8:12 AM
APARTMENT LEASE CONTRACT
due, an eviction action for non-payment of Rent may be filed with District Court in and for the county in which the Apartment Community is
located. If Landlord files an eviction action, Resident will be responsible for all costs incurred, whether or not Resident is actually evicted.
b. Partial Payments. It is Management’s practice to not accept partial payment of Rent or other charges owed by a Resident to Management. At
Landlord’s discretion, Landlord can accept a partial Rent payment, but by doing so, Landlord does not waive Landlord’s right to file an eviction
or to otherwise enforce its rights under this Lease if the remainder of the Rent is not paid on time. All Residents on this Lease are fully liable,
jointly and severally, for the entire Rent, not just a proportionate share thereof.
5. OCCUPANT/USE/SUBLETTING/GUESTS.
a. Occupant/Use/Subletting. Only the person(s) listed on this Lease as Resident and/or Occupant may occupy the Apartment during the Term of this
Lease. No other persons may live, use, regularly stay, or “share” the Apartment. Resident is not permitted to allow any non-Resident to stay in the
Apartment or in the Apartment Community through any private or public home sharing, room letting, swapping, vacation rental, bartering or any
other accommodation sharing or similar service, whether long term or short term (by way of non-exclusive example: VRBO.com, homeaway.com
or Airbnb.com). Any Resident who makes such an arrangement or allows an individual to stay in an Apartment or in the Apartment Community is
in breach of the Lease. Landlord has the right at all times during the Term to confirm the identity of Resident, or other persons in the Apartment
Community, in accordance with the Community Rules and Policies. If a person is found to be staying, regularly using or spending the night in the
Apartment who is not a Resident or Occupant approved by Landlord, or if Resident provides Resident’s keys or access device to a non-Resident or
to an Occupant without the knowledge and pre-approval of Management, Resident will be in breach of the Lease. Persons who are not listed as
Resident or approved Occupants may not receive mail or packages at the Apartment Community. It is a breach of this Lease for Resident to allow a
non-Resident or unapproved Occupant to receive mail or any package at the Apartment or Apartment Community. Management reserves the right
to give any mail or package carrier direction to refuse to provide delivery service to any recipient that is not an authorized or approved Resident or
Occupant of the Apartment. Only the persons identified as Resident on the Reference Pages shall be issued Certificates of Rent Paid per Minnesota
Statutes. The Apartment will be used only for normal residential purposes. Resident may not assign or sublet any part of the Apartment or give
accommodations to any roomers without Landlord’s prior written consent, but the giving of Landlord’s consent is at Landlord’s sole discretion.
Even if Landlord agrees to an assignment or sublease, Resident will remain liable for all Rent and other obligations under this Lease unless
Landlord specifically agrees, in writing, to release Resident. Landlord’s consent to one or more assignments or subleases will not be a waiver of
Landlord’s rights of consent to any future assignment or sublease. Any breach of the provisions of this Occupant/Use/Subletting Section shall be
incurable, and, at Landlord’s sole discretion, any Resident in breach of any of the obligations of this Section may be immediately evicted.
b. Guest Restrictions. All guests staying for an extended stay (i.e. longer than seven (7) consecutive nights) must be pre-registered with Management
prior to arrival. Resident agrees to obey and to require that guests comply with all Lease and Community Rules and Policies pertaining to use of the
Apartment, the Apartment Community and Common Areas. Management or Landlord reserves the right to exclude Resident’s guests from the
Apartment and Apartment Community by giving such guests a trespass notice and advising Resident that such guests are no longer permitted at the
Resident’s Apartment or the Apartment Community if such guests have violated provisions of the Lease or Community Rules and Policies, or are
reasonably believed to pose a danger to the property, health, safety, morals, or quiet enjoyment of the Apartment Community, neighbors, or agents
of Landlord or Management. Grounds for such exclusions include, but are not limited to (i) when a guest has previously lived at the Apartment
Community but was evicted; (ii) if a guest has al history of convictions for crimes against persons, property or drug offenses; (iii) if Management is
asked by local law enforcement officers to take action against a guest; or (iv) if a guest engages in actions or conduct at the Apartment Community
that constitute a breach of the Lease or other policies of Management. Guests are only allowed to use Common Areas and Apartment Community
amenities when accompanied by a Resident.
c. Guest Access. Resident must never give Apartment keys or access devices to a guest or any other individual. Resident can authorize Management
to release an Apartment key or access device to a guest or other third party by first delivering to Management a completed, dated and signed Access
Device Release/Permission to Enter form. Management reserves the right, in its sole discretion, to refuse to allow access to the Apartment
Community, the Apartment Building or the Apartment to any non-Resident, Occupant, guest or invitee of Resident.
6. NOISE/BEHAVIOR. Resident promises not to disturb other residents or Management. Resident or any guest or visitor of Resident will not make any
boisterous, unruly or thoughtless noises, or engage in any conduct or action that will interfere with the peaceful enjoyment of the Apartment or
Apartment Community, rights, comforts, or convenience of other residents or will disturb other residents. Resident and any guest or visitor of Resident
shall refrain from using loud voices, yelling or use of vulgar or offensive language, actions or gestures. Televisions, radios, stereos, surround sound
systems, computers, music or games players/systems shall have volume and bass levels adjusted so as not to disturb other residents. Resident may not
own or operate exercise equipment, or play musical or other rhythm instruments, in a way that causes a noise or vibration disturbance for other
residents. Resident shall not interfere in the management and operation of the Apartment or Apartment Community. Resident shall not engage in or
allow any guest to engage in harassing, threatening or discriminatory conduct directed at Landlord, Management, their representatives or agents, other
residents or their guests.
7. ILLEGAL ACTIVITY. Illegal activity is prohibited in, on, or about the Apartment and Apartment Community.
8. NOTICE TO VACATE. Resident shall provide written notice to Landlord of Resident’s intention to either vacate the Apartment or sign a new lease
SIXTY (60) days prior to the Lease End Date. Resident’s notice may not terminate the Lease sooner than the End Date of the Lease. The notice
required by this Notice to Vacate Section must be provided even if Resident intends to vacate the Apartment on the End Date of the Lease. If
Resident vacates the Apartment but does not provide proper notice, Resident shall be liable for Rent and all Utilities and other Lease obligations
through the end of the proper notice period or End Date of this Lease, whichever is later. In the event Resident vacates the Apartment prior to the
Doran Residential
Apartment Lease Contract
Rev. 08.01.2022
Document digitally signed using RENTCafe eSignature services. Document ID: 498550
27-CV-HC-24-4397
Filed in District Court
State of Minnesota
6/30/2024 8:12 AM
APARTMENT LEASE CONTRACT
expiration of the 60-days’ notice period, Resident shall notify Landlord, which notification shall provide Landlord authorization to commence the
turnover and reletting process. If (a) Resident provides such authorization in writing; and (b) Management successfully relets the Resident’s Unit
within the sixty (60) day notice period, Landlord will credit Resident amount equal to (i) the total per diem Rent that would have been paid by Tenant
after the start date of the new lease had the Apartment not been relet minus (ii) the total amount of rent due under the new lease for the remainder of
the 60-day notice period minus (iii) any amounts necessary to restore the Apartment to its condition at the commencement of the tenancy, ordinary
wear and tear excepted that is not otherwise covered by the Security Deposit. Notwithstanding the foregoing, in no event shall the credit due Resident
exceed the total per diem Rent that would have been paid by Tenant after the start date of the new lease had the Apartment not been relet. In
attempting to relet the Unit, Resident acknowledges and agrees that Management (A) may relet the Unit or any part thereof for such rent and upon
such terms as Management, in its sole discretion, shall determine (including the right to relet the Unit for a greater or lesser term than that remaining
under this Lease, (B) shall not be required to give any preference or priority to the showing or leasing of the Unit over any other unit in the Apartment
Community, and (C) may reject any offer to rent the Unit at a rate which is less than the then-current rate being charged for comparable space in the
Apartment Community or on terms that are less favorable than those contained in Tenant’s then-current lease form.
9. ANIMALS. Animals are not allowed anywhere in, on or about the Apartment Community to be kept or to “visit” in the Apartment or the Apartment
Community without the prior WRITTEN approval of Management. “Animal/pet sitting” is not permitted. In the event Management allows Resident
to have an Animal at the Apartment Community (even if Resident requires accommodation for a guide/service or assistance animal due to a disability,
which accommodation requirement may be verified by Management), Resident (i) must sign an Animal License Agreement to Resident’s Lease that
specifically identifies the Animal, (ii) shall pay a non-refundable Animal Fee (except in the case of a service/assistance animal); (iii) shall pay the
required additional Animal Rent (except in the case of a service/assistance animal); (iv) must obtain and maintain general liability insurance that
specifically includes animal coverage and names both Landlord and Management as Certificate Holders and as Additional Insureds as required by
Management, and (v) agrees to comply with the terms and provisions of the Animal License Agreement and the Animals Section of the Community
Rules and Policies.
10. INSURANCE. Resident shall maintain general liability insurance for the Term of the Lease as set forth on the Insurance Agreement. Resident is
advised that the casualty (also known as property) insurance of Landlord on the Apartment Building does not cover any damages or losses to Resident’s
personal property that may occur from accidents, casualties, acts of God, theft, wrongful action of third parties, Garage door malfunctions, fire, flood,
water leaks, sewer back up, etc. Resident shall obtain Resident’s own renters insurance coverage to provide protection against loss or injury to Resident’s
own self, personal property, interruption of use of the Apartment or any storage areas, or moving costs.
11. MOVE-IN. By signing this Lease, Resident acknowledges that Resident has accepted the Apartment, has had an opportunity to inspect the Apartment
or one like it, and that no promises have been made about any changes in decorating, appliances or fixtures, unless such changes are in a writing signed
by Landlord or Management and Resident. A “Resident Move-In Checklist” will be provided to Resident at the time Resident moves into the
Apartment. Resident agrees to document any defects or damage in the Apartment by returning the Checklist to Management within seven (7) days of
move in. Any damages or deficiencies noted on the Checklist are not considered a request for repair or service unless Resident also submits a work
order or request for service. Resident’s completion and return of the Checklist to Management is Resident’s acknowledgement of the move-in
condition of the Apartment. The Checklist as completed by any one Resident will be deemed binding and conclusive as to the condition of the
Apartment on all Residents. If Resident does not return the Checklist as required by this Move-in Section, Resident acknowledges that the Apartment
was received in good condition with no repairs, defects, or pre-existing damages.
12. MOVE-OUT. If Resident moves out prior to the End Date, Resident will remain liable for all obligations under this Lease. Resident will be
responsible for monthly installments of Rent, other charges, and Utilities that are Resident’s responsibilities through the end of the Lease Term or the
Notice Period, whichever is later. When Resident moves out, whether on or prior to the End Date, the Apartment, including all windows, floors, walls,
bathrooms, appliances and kitchens in the Apartment, must be clean with no damage beyond ordinary wear and tear. Resident must follow the move-
out instructions provided by Management, and Management shall inspect the Apartment to determine whether Resident has caused any damage to the
Apartment beyond normal wear and tear. If the Apartment is not left in the required condition, or if the Apartment has been damaged beyond ordinary
wear and tear, Resident will be liable for the charges listed on the Move-In Checklist and/or reasonable charges to complete such cleaning, service
work, repair or replacement as Management or Landlord deem necessary, even if the amount of such damage exceeds the amount of any Security
Deposit. Resident has the option to be present at the move-out inspection at such time specified by Management. If Resident chooses not to be present,
Resident agrees to accept Management’s assessment of damages and charges after Management’s inspection. Resident must timely return all keys,
access devices, door openers, and other access materials, or be responsible for all (then applicable) replacement charges for not returning all such
materials. If Resident leaves any of Resident’s personal property in the Apartment after the End Date or earlier termination of the Lease, Management
and Landlord will be entitled to charge for the costs of removing and storing such personal property for the time period required by State law. At the
end of the time period required to store the personal property, Management and Landlord shall dispose of the personal property in accordance with State
law. Any damage to Resident’s Apartment and/or any damage to the Common Areas caused by Resident, Resident’s guests or invitees, are the
Resident’s responsibility. Failure to pay any charges assessed by Management or Landlord for repair of such damage is a default under the Lease.
13. SECURITY DEPOSIT. Resident shall pay to Landlord within three (3) days after the Effective Date of this Lease, a Security Deposit in the amount
stated on the Reference Pages as partial security for all of Resident’s obligations under this Lease. The Security Deposit will not be Landlord’s limit of
damages and Resident shall be responsible for all amounts due under this Lease, including all of Landlord’s and Management’s costs of labor and
materials for cleaning, servicing, repairing or replacing any item in the Apartment Community’s Common Areas which results from any of Resident’s,
their guests’ or invitees’ actions and constitutes unreasonable wear and tear or damage. Notice is hereby given that additional charges for removal of
biohazardous wastes such as blood, body waste or other body fluids, painting, cleaning or deodorizing relating to staining or removing odors associated
with animals, smoking, cooking or grease, incense or similar substances, are not considered “ordinary wear and tear” and additional charges will be
assessed. Notice is given under Minnesota Statute §504B.178, Subd. 8, that withholding the last month’s Rent on the grounds that the Security Deposit
should serve as payment for the Rent can subject Resident to the penalties and interest set forth in the Statute. Resident cannot use the Security
Doran Residential
Apartment Lease Contract
Rev. 08.01.2022
Document digitally signed using RENTCafe eSignature services. Document ID: 498550
27-CV-HC-24-4397
Filed in District Court
State of Minnesota
6/30/2024 8:12 AM
APARTMENT LEASE CONTRACT
Deposit to offset or pay in advance any month’s Rent or any other charges under this Lease, but Landlord may use all or any part of the Security
Deposit for any unpaid obligations, and Resident shall promptly pay Landlord upon demand the amount necessary to restore the Security Deposit to
the original amount. Resident shall notify Landlord and Management of Resident’s forwarding address for delivery of any unused portion of the
Security Deposit. Provided Resident has provided Landlord and Management with a forwarding address, Landlord and Management shall have twenty-
one (21) days after the termination of the tenancy to return any unused portion of the Security Deposit to Resident or, if Landlord deducts any amount
from the Security Deposit, to provide to Resident a description and itemized listing of deductions that Landlord has taken from the Security Deposit.
Any unused portion of the Security Deposit will be returned to Resident at the address of the Apartment unless Resident has provided Landlord and
Management with a forwarding address as set forth above. If there is more than one Resident under this Lease, Landlord shall have no obligation to
separately account or pay or divide the Security Deposit but may issue one check to all named Residents. Landlord shall not have any liability or
responsibility for sending a check to multiple forwarding addresses but may send a Security Deposit Disposition Notice, and any check owed, to the
first forwarding address received, or if no address is timely received, to the Apartment address. Resident’s obligations to pay the charges described in
this Security Deposit Section will survive after the End Date or earlier termination of this Lease.
If Landlord sells the Apartment Community, Resident’s Security Deposit will be transferred to the new landlord, and upon such transfer, Landlord will
not have any further liability to Resident for the return of all or any portion of the Security Deposit and Resident must look to the new landlord. The
Security Deposit shall bear interest in accordance with applicable State law. Any interest earned upon the Security Deposit will be paid, or credited, to
Resident as provided by law.
14. UTILITIES—ELECTRIC, GAS AND WATER/SEWER; TRASH REMOVAL/RECYCLING SERVICES.
a. Electric, Gas, Water/Sewer Utilities and Other Services. Resident shall be responsible for and must pay for all costs and services (including any
required activation fees and deposits) relating to electric utility service, gas utility service, water/sewer utility service, trash removal/recycling
services, cable TV, internet, local or long-distance telephone services and all associated fees and billing costs that may be related to or result from
Resident’s use and/or consumption of any such services. Landlord or Management shall have the sole discretion to select the providers for electric
and/or gas utility services provided to the Apartment and to the Apartment Community. Resident will contract directly with the electric and/or gas
utility providers for electric and/or gas utility services (“Utilities”). Prior to the Lease Start Date Resident must arrange for those electric and/or gas
utilities to begin on or before the Lease Start Date. Electric and/or gas utility services must remain on and will remain the responsibility of the
Resident through the Lease End Date, regardless of whether the Resident may have moved out of the Apartment, except and unless Resident has
sublet the Apartment as approved by Landlord or Landlord has re-let the Apartment pursuant to the Lease. Failure of Resident to maintain and timely
pay for continuous electric and/or gas utility services as required herein is a material breach of the Lease. Any disconnect notice issued to Resident is
a material breach of the Lease.
b. Water/Sewer Utility Services and Trash Removal/Recycling Services. Landlord shall provide water, waste water and sewer utility services
(hereinafter called “Water/Sewer”) and trash removal and recycling services (hereinafter called “Trash Removal/Recycling”) to the Apartment and
the Apartment Community. Resident must pay monthly to Landlord the costs of Water/Sewer and Trash Removal/Recycling, which costs are
included as part of Rent and are set forth in the Reference Pages. The costs for trash removal and recycling are not considered utilities under
Minnesota law.
c. Lease, Community Rules & Policies and Resident Handbook requirements. This UTILITIES—ELECTRIC, GAS AND WATER/SEWER;
TRASH REMOVAL/RECYCLING SERVICES Section of the Lease relates solely to the services and billings to Resident for the matters covered
in this Section. It does not set forth any rules or policies between Resident and Management with respect to waste, mold and moisture prevention and
control, leaks, trash disposal, additional charges for disposal of large items, furniture or prohibitions against disposal of electronics, hazardous items,
items belonging to any person other than the Resident, or items that might contain medical waste, or pests. Additionally, Management may have
additional requirements, including sortation, for recycling. The Community Rules and Policies or other provisions regarding care and maintenance of
the Apartment, fixtures and equipment and other requirements relating to trash and recycling shall control.
d. Consent to Report. Management may participate in financing or other programs, such as LEED certification, where Management has an obligation
to gather and report information, on an aggregate basis without disclosing any information about individual household or resident use, utility use and
consumption. Resident consents for Management to collect data from any utility providers providing services to the Resident, to the Apartment
Community and to Management and to report and share such aggregate use and consumption information with third parties as needed.
e. Miscellaneous:
1. Landlord and Management are not liab
Preview
27-CV-HC-24-4397 Filed in District Court State of Minnesota 6/30/2024 8:12 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: HOUSING Doran 610 Apartments, LLC, Plaintiff, COMPLAINT vs Satarus Weah (dob 5/8/1996), John Doe, Jane Doe, Defendant. Parties 1. Plaintiff is Doran 610 Apartments, LLC. Plaintiff is a Landlord as that term is defined in Minn. Stat. § 504B.001, Subd. 7. 2. Defendant is Satarus Weah. Defendant is a Residential Tenant as that term is defined in Minn. Stat. § 504B.001, Subd. 12. The Lease 3. There is a written lease between the parties and it is attached to the Complaint as Exhibit A. 4. The address of the property in the Lease is 6729 Oak Grove Parkway North #4211 and Garage #346, in the City of Brooklyn Park, County of Hennepin, State of Minnesota, Zip Code 55445. 5. The tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the section 8 program; the LIHTC program or any other similar program. 1 27-CV-HC-24-4397 Filed in District Court State of Minnesota 6/30/2024 8:12 AM Conditions Precedent 6. All necessary conditions precedent have been performed or have occurred. 7. Plaintiff has complied with Minn. Stat. § 504B.181 by: a. disclosing to tenant either in the rental agreement or otherwise in writing prior to the beginning of the tenancy the name and address of: 1) the person authorized to manage premises; and 2) an owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands, AND b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information in the lease, OR c. the above information is known by or has been disclosed to the tenant not less than 30 days before the filing of this action because of communications from landlord. Count 1: Eviction – Non-payment 8. A detailed, itemized accounting or statement listing the amounts owing is attached to this Complaint as Exhibit B. 9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly delivered. That notice is attached to this Complaint as Exhibit C. 10. In addition to the arrearages identified in the immediately preceding paragraphs, pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored to possession, Defendant(s) may be required to pay to the landlord or bring to court the amount of the rent that is in arrears, with interest, costs of the action, and an attorney’s fee not to exceed $5, and by performing any other covenants of the lease – including amounts that become due during the pendency of this action. 11. The total amount required to redeem the tenancy is $4,760.64 + $377.00 (costs of the action – filing fee and service fee) for a total of $5,137.64, plus any additional amounts, or other covenants of the lease which may become due during the pendency of this action. The amount pled not include all money owing under the lease. 12. Defendants’ military status is unknown. 2 27-CV-HC-24-4397 Filed in District Court State of Minnesota 6/30/2024 8:12 AM Request for Relief 1. Plaintiff seeks judgment against Defendant and an Order for possession of the property and the issuance of an immediate Writ of Recovery. 2. Plaintiff seeks all allowable costs and disbursements of the action. I declare under penalty of perjury that everything I have stated in this document is true and correct to the best of my knowledge and belief. Minn. Stat. § 358.116. Dated: June 25, 2024 HANBERY & TURNER, P.A. /s/ Douglass E. Turner Douglass E. Turner, #0279948 33 South 6th St. Suite 4160 Minneapolis, MN 55402 Tele: (612) 353-4388 EM: hnc@hnclaw.com Attorney for Plaintiff 3 27-CV-HC-24-4397 Filed in District Court State of Minnesota 6/30/2024 8:12 AM APARTMENT LEASE CONTRACT – Reference Pages APARTMENT COMMUNITY: 610West4 LANDLORD: Doran 610 Apartments, LLC APARTMENT ADDRESS: 6729 Oak Grove Parkway North, #4211, Brooklyn Park, MN 55445 The terms of this agreement (hereinafter, the “Lease”) are as entered below: “Residents”: (Legal names of all who are legally obligated to this Lease): Resident’s Name Satarus Weah Additional “Occupants”: (List all other persons who will be living in the home): Occupant’s Name Watson Tolbert Mercy Jargbahson Apartment Address & Lease Duration: STREET ADDRESS OF RENTAL APARTMENT: 6729 Oak Grove Parkway North CITY: Brooklyn Park STATE: MN ZIP CODE: 55445 APARTMENT NUMBER 4211 STARTING DATE OF APARTMENT LEASE CONTRACT: 12/30/2023 (“Start Date”) Pro-rate First Month’s Rent: ENDING DATE OF APARTMENT LEASE CONTRACT: 12/29/2024 (“End Date”) Pro-rate Last Months’ Rent: DURATION OF APARTMENT LEASE CONTRACT: 12 MONTHS NOTICE PERIOD REQUIRED: The notice period is 60 Days on or before the last day of the existing Lease. Notice to be receive by the Management Office in writing unless indicated otherwise herein. (initials) Lease Payments, Fees & Deposits: Deposits Held MONTHLY LEASE CHARGES: Security Deposit: $300.00 RENT $2069.00 PET RENT PARKING $75.00 STORAGE One-time non-refundable Fees UTILITY $25.00 Administration Fee: $150.00 TRASH $35.00 Animal Fee: $0.00 SHORT-TERM FEE OTHER Total Monthly Lease Charges (Collectively “Rent”):: $2,204.00 RENTAL PAYMENTS/LATE CHARGES: Rent is due on the 1st of the month – payable to the Landlord first identified above. If total Rent is not received in full by 4:30 p.m. on the 4th of the month in which it is due, Management may charge a fee up to 8% of the monthly lease charges. UTILITIES PAID BY RESIDENT: ELECTRIC WATER/SEWER TRASH HEAT/GAS OTHER: TV/Phone/Internet UTILITIES PAID BY LANDORD/MANAGEMENT: ELECTRIC WATER/SEWER TRASH HEAT/GAS OTHER: n/a Resident Acknowledgement Resident Initials Doran Residential Apartment Lease Contract Rev. 08.01.2022 EXHIBIT A Document digitally signed using RENTCafe eSignature services. Document ID: 498550 27-CV-HC-24-4397 Filed in District Court State of Minnesota 6/30/2024 8:12 AM APARTMENT LEASE CONTRACT – Reference Pages The following is required by Minnesota Statutes, Section 504B.181 The company authorized to manage these premises and authorized to accept service of process and receive and give receipts for notices and demands is: Doran Management, LLC, 7803 Glenroy Road, Suite 100 Bloomington, MN 55439; Management Office Telephone: (952) 288-2000 The information in the Apartment Lease Contract – Reference Pages (“Reference Pages”) is incorporated into and made a part of the Apartment Lease Contract to which it is attached. Management (acting as Agent for the Owner) and Resident acknowledge and agree to the terms of this Lease as set forth on the Reference Pages and on any attachments or amendments that may be part of this Lease. In the event of any conflict between any information in the Reference Pages and the Apartment Lease Contract, the Apartment Lease Contract shall control. Residents are jointly responsible for all terms and conditions of this Lease. This signed receipt or acknowledgement is prima facie evidence that the Resident has received a copy of the Lease. Resident acknowledges and agrees that any communications from Landlord or Management to Resident, including all notices required under this Lease, may be provided by Landlord or Management to Resident at the email address(es) or telephone number(s) that Resident has provided to Management, except as otherwise required by law. It is Resident’s responsibility to provide Management, in writing, with the Resident’s full and correct email address(es) and telephone number(s) and, in the event Resident’s contact information changes during the Term of the Lease, Resident agrees to provide, in writing, this same updated information to Management. Lease Contract Documents – the documents checked below are also attached to and made a part of the Lease for the Apartment identified in the Reference Pages: [X] Apartment Lease Contract [X] Crime Free/Drug Free Housing Addendum [X] Community Rules and Policies [X] Pest Control Agreement [X] Waiver and Release for Use of Facilities [X] Smoke Free Housing Policy [X] Animal License Agreement [X] Move-in Inspection Form [ ] Animal Registration Form [X] Concession Tracking Data Sheet [ ] Storage Space License Addendum [X] Insurance Agreement [X] Parking License Addendum [ ] Affordable Housing Addendum [X] Resident’s Acknowledgement Page [ ] Other Addendum [ ] Employee Residents Addendum Lead Disclosure: This Apartment Community was not constructed prior to 1978. Equal Housing: The Apartment Community is a fair housing provider. The Apartment Community does not discriminate against persons based on race, color, religion, national origin, sex, familial status, disability, creed, marital status, public assistance, ancestry, and sexual or affectional orientation. Occupancy Guidelines. The maximum number of occupants per Apartment is as follows: Studio/Alcove Two Persons* One Bedroom Two Persons* Two Bedrooms Four Persons (but no more than three adults)* Three Bedrooms Six Persons (but no more than three adults)* *plus one if a child is born, adopted, or placed in the home during the Resident’s tenancy. The Landlords and Tenants: Rights and Responsibilities handbook is written and published by the Minnesota Attorney General’s Office and is available through their office in alternate formats upon request from: Office of the Minnesota Attorney General 445 Minnesota Street Suite 1400 St. Paul, MN 55101 (651) 296-3353 or (800) 657-3787 TTY: (651) 297-7206 or (800) 366-4812 www.ag.state.mn.us Resident Signatures: Date: 11/28/2023 By: Date: 11/29/2023 Kelly J. Doran, Chief Manager, or Authorized Representative Doran Residential Apartment Lease Contract Rev. 08.01.2022 Document digitally signed using RENTCafe eSignature services. Document ID: 498550 27-CV-HC-24-4397 Filed in District Court State of Minnesota 6/30/2024 8:12 AM APARTMENT LEASE CONTRACT 1. PARTIES. This Apartment Lease Contract (“Lease”) is by and between Landlord and Resident (each individually, a “Resident” and collectively, “Residents”) identified on the Reference Pages for the rental of the Apartment Unit (referred to as either “Apartment” or “Unit”) for use by Resident as a private residence only. If more than one Resident is identified on the Reference Pages, all Residents are jointly and severally liable for all the terms and provisions of this Lease. The lease of the Apartment includes the exclusive use of the Apartment in the Apartment Community identified on the Reference Pages and the non-exclusive use, together with others, of the common Areas in the Apartment Community (for purposes of this Lease and all amendments and addenda thereto, “Common Areas” are those areas within the Apartment Community to which Resident has access without going into another apartment within the Apartment Community and those areas to which all residents of the Apartment Community have general access). Resident will occupy the Apartment along with additional occupants listed on the Reference Pages (referred to as either “Occupant” or “Occupants”). Resident acknowledges and agrees that the Occupants listed on the Reference Pages are required to comply with the terms and conditions of this Lease, including all Amendments, Addenda, Community Rules and Policies. 2. CONTRACT DOCUMENTS. Resident acknowledges receipt of all items checked on the Reference Pages and understands that they are part of this Lease, along with all other Amendments and Addenda that may subsequently become a part of the Lease. Copies of this Lease may be provided to Resident electronically via email. A paper copy of this Lease is available to Resident upon request. 3. LEASE TERM/HOLDOVER. a. Lease Term. The term of this Lease begins on the Start Date and ends at 12:00 p.m. (noon) on the End Date indicated on the Reference Pages (“Term”). If Resident fails to vacate the Apartment by noon on the End Date, Resident will be charged a late move-out charge of $50.00 per hour for each hour past noon and prior to midnight of the End Date during which the Resident remains in possession of the Apartment. Commencing at midnight of the End Date, Resident will be deemed a holdover resident and the Holdover provisions of this Lease will then apply. Even if Landlord cannot deliver timely possession of the Apartment to Resident due to holdover by another resident, or as the result of some other casualty or delay in occupancy, Landlord will not be liable to Resident for damages because of the delay. However, no Rent will be due for the period from the Start Date through the date Resident is able to occupy the Apartment. No other remedy is available to Resident. If Landlord is unable to deliver possession of the Apartment to Resident within thirty (30) calendar days after the Term’s Start Date, Resident may cancel the Lease by written notice delivered to Landlord within thirty-five (35) calendar days after the Term’s Start Date. In such event, all sums previously paid by Resident to Landlord or Management will be refunded to Resident, including any Application Fee, Security Deposit or any other deposit or Rent. b. Holdover. If any Resident still occupies the Apartment past midnight on the End Date, the Resident will be in breach of this Lease and the terms and conditions of this Lease shall remain in full force and effect, except that the monthly Rent will be equal to 120% of the previous month’s total Rent for the extra time that Resident stays in the Apartment (payable at once in advance), plus Resident will owe Landlord for all of Landlord’s staffing costs, costs and damages for any rescheduling of vendors and contractors, including overtime charges, for rescheduling work in the Apartment and costs and damages of any person who could not move in because of such Resident’s Holdover. The tenancy shall thereafter require thirty (30) days’ written notice to vacate in the absence of any written agreement to the contrary. 4. RENT AND ADDITIONAL CHARGES/PARTIAL PAYMENTS. a. Payment of Rent and Additional Charges. Rent, together with any incidental fees or charges that Resident may owe to Landlord from time to time, is due and payable to Landlord in full in advance on the first day of each calendar month through the End Date of the Term of the Lease. Resident will pay the first month’s Rent prior to Resident moving in. If the Start Date is other than the first day of a month, Resident’s first month’s partial Rent will be prorated as itemized on the Reference Pages. Resident’s payments to Landlord may be made by any one of the following methods: (i) mailing the Rent payment to the Landlord’s mailing address on the Reference Pages of this Lease, or (ii) processing the Rent payment using Management’s online electronic payment portal, or (iii) hand delivering the Rent payment to Management in the Apartment Community’s on-site Management Office during the office’s normal business hours, or (iv) placing the Rent payment in the rent drop box located near the Apartment Community’s on-site Management Office. If any portion of Resident’s monthly Rent payment is not received by 4:30 p.m. on the 4th day of the month that it is due, the Rent will be considered late and the Resident will be assessed a late charge of 8% of the rent amount due and outstanding (“Late Fee”). Resident also agrees to pay a service charge to Landlord of $30.00 or actual bank charges, whichever is higher, for any Resident check (i) returned by Resident’s bank due to there being non-sufficient funds in Resident’s account to clear the check (“NSF”), or (ii) dishonored by Resident’s Bank, or (iii) returned by Resident’s bank or issuing third-party vendor for any other reason. Payments must be made payable to Landlord. Cash will not be accepted under any circumstances. Rent may be paid by personal check, certified or cashier’s check, money order, traveler’s check or credit card. Resident acknowledges that Resident’s checks may be deposited into Management’s checking account electronically using an Electronic Fund Transfer (“EFT”) process through the Automated Clearing House (“ACH”) network, which process would immediately debit Resident’s checking account. Resident’s delivery of any check to Management authorizes Management to make a one-time electronic fund transfer from Resident’s account. All credit card payments will be subject to a service charge in an amount determined by the credit card servicing vendor used by Landlord and Management. Resident has no right to withhold Rent for any purpose, even an act of God, or to reduce any Rent payable to Landlord by any of Resident’s costs or damages against Landlord, except as permitted by law. At Landlord’s option, Landlord can require that all money payable to Landlord is to be paid in certified or cashier’s check, money order, bank ACH transfer or personal check. Landlord will not accept personal checks after the Rent is late. In the event two or more checks are returned due to NSF, Landlord shall thereafter require that all monies paid by Resident during the remainder of the Term must be paid in certified or cashier’s check. Resident’s obligation to pay Rent is a promise by Resident, which is independent from all of Landlord’s promises, duties and obligations. If Rent is not received by 4:30 p.m. on the 10th day of any month that it is Doran Residential Apartment Lease Contract Rev. 08.01.2022 Document digitally signed using RENTCafe eSignature services. Document ID: 498550 27-CV-HC-24-4397 Filed in District Court State of Minnesota 6/30/2024 8:12 AM APARTMENT LEASE CONTRACT due, an eviction action for non-payment of Rent may be filed with District Court in and for the county in which the Apartment Community is located. If Landlord files an eviction action, Resident will be responsible for all costs incurred, whether or not Resident is actually evicted. b. Partial Payments. It is Management’s practice to not accept partial payment of Rent or other charges owed by a Resident to Management. At Landlord’s discretion, Landlord can accept a partial Rent payment, but by doing so, Landlord does not waive Landlord’s right to file an eviction or to otherwise enforce its rights under this Lease if the remainder of the Rent is not paid on time. All Residents on this Lease are fully liable, jointly and severally, for the entire Rent, not just a proportionate share thereof. 5. OCCUPANT/USE/SUBLETTING/GUESTS. a. Occupant/Use/Subletting. Only the person(s) listed on this Lease as Resident and/or Occupant may occupy the Apartment during the Term of this Lease. No other persons may live, use, regularly stay, or “share” the Apartment. Resident is not permitted to allow any non-Resident to stay in the Apartment or in the Apartment Community through any private or public home sharing, room letting, swapping, vacation rental, bartering or any other accommodation sharing or similar service, whether long term or short term (by way of non-exclusive example: VRBO.com, homeaway.com or Airbnb.com). Any Resident who makes such an arrangement or allows an individual to stay in an Apartment or in the Apartment Community is in breach of the Lease. Landlord has the right at all times during the Term to confirm the identity of Resident, or other persons in the Apartment Community, in accordance with the Community Rules and Policies. If a person is found to be staying, regularly using or spending the night in the Apartment who is not a Resident or Occupant approved by Landlord, or if Resident provides Resident’s keys or access device to a non-Resident or to an Occupant without the knowledge and pre-approval of Management, Resident will be in breach of the Lease. Persons who are not listed as Resident or approved Occupants may not receive mail or packages at the Apartment Community. It is a breach of this Lease for Resident to allow a non-Resident or unapproved Occupant to receive mail or any package at the Apartment or Apartment Community. Management reserves the right to give any mail or package carrier direction to refuse to provide delivery service to any recipient that is not an authorized or approved Resident or Occupant of the Apartment. Only the persons identified as Resident on the Reference Pages shall be issued Certificates of Rent Paid per Minnesota Statutes. The Apartment will be used only for normal residential purposes. Resident may not assign or sublet any part of the Apartment or give accommodations to any roomers without Landlord’s prior written consent, but the giving of Landlord’s consent is at Landlord’s sole discretion. Even if Landlord agrees to an assignment or sublease, Resident will remain liable for all Rent and other obligations under this Lease unless Landlord specifically agrees, in writing, to release Resident. Landlord’s consent to one or more assignments or subleases will not be a waiver of Landlord’s rights of consent to any future assignment or sublease. Any breach of the provisions of this Occupant/Use/Subletting Section shall be incurable, and, at Landlord’s sole discretion, any Resident in breach of any of the obligations of this Section may be immediately evicted. b. Guest Restrictions. All guests staying for an extended stay (i.e. longer than seven (7) consecutive nights) must be pre-registered with Management prior to arrival. Resident agrees to obey and to require that guests comply with all Lease and Community Rules and Policies pertaining to use of the Apartment, the Apartment Community and Common Areas. Management or Landlord reserves the right to exclude Resident’s guests from the Apartment and Apartment Community by giving such guests a trespass notice and advising Resident that such guests are no longer permitted at the Resident’s Apartment or the Apartment Community if such guests have violated provisions of the Lease or Community Rules and Policies, or are reasonably believed to pose a danger to the property, health, safety, morals, or quiet enjoyment of the Apartment Community, neighbors, or agents of Landlord or Management. Grounds for such exclusions include, but are not limited to (i) when a guest has previously lived at the Apartment Community but was evicted; (ii) if a guest has al history of convictions for crimes against persons, property or drug offenses; (iii) if Management is asked by local law enforcement officers to take action against a guest; or (iv) if a guest engages in actions or conduct at the Apartment Community that constitute a breach of the Lease or other policies of Management. Guests are only allowed to use Common Areas and Apartment Community amenities when accompanied by a Resident. c. Guest Access. Resident must never give Apartment keys or access devices to a guest or any other individual. Resident can authorize Management to release an Apartment key or access device to a guest or other third party by first delivering to Management a completed, dated and signed Access Device Release/Permission to Enter form. Management reserves the right, in its sole discretion, to refuse to allow access to the Apartment Community, the Apartment Building or the Apartment to any non-Resident, Occupant, guest or invitee of Resident. 6. NOISE/BEHAVIOR. Resident promises not to disturb other residents or Management. Resident or any guest or visitor of Resident will not make any boisterous, unruly or thoughtless noises, or engage in any conduct or action that will interfere with the peaceful enjoyment of the Apartment or Apartment Community, rights, comforts, or convenience of other residents or will disturb other residents. Resident and any guest or visitor of Resident shall refrain from using loud voices, yelling or use of vulgar or offensive language, actions or gestures. Televisions, radios, stereos, surround sound systems, computers, music or games players/systems shall have volume and bass levels adjusted so as not to disturb other residents. Resident may not own or operate exercise equipment, or play musical or other rhythm instruments, in a way that causes a noise or vibration disturbance for other residents. Resident shall not interfere in the management and operation of the Apartment or Apartment Community. Resident shall not engage in or allow any guest to engage in harassing, threatening or discriminatory conduct directed at Landlord, Management, their representatives or agents, other residents or their guests. 7. ILLEGAL ACTIVITY. Illegal activity is prohibited in, on, or about the Apartment and Apartment Community. 8. NOTICE TO VACATE. Resident shall provide written notice to Landlord of Resident’s intention to either vacate the Apartment or sign a new lease SIXTY (60) days prior to the Lease End Date. Resident’s notice may not terminate the Lease sooner than the End Date of the Lease. The notice required by this Notice to Vacate Section must be provided even if Resident intends to vacate the Apartment on the End Date of the Lease. If Resident vacates the Apartment but does not provide proper notice, Resident shall be liable for Rent and all Utilities and other Lease obligations through the end of the proper notice period or End Date of this Lease, whichever is later. In the event Resident vacates the Apartment prior to the Doran Residential Apartment Lease Contract Rev. 08.01.2022 Document digitally signed using RENTCafe eSignature services. Document ID: 498550 27-CV-HC-24-4397 Filed in District Court State of Minnesota 6/30/2024 8:12 AM APARTMENT LEASE CONTRACT expiration of the 60-days’ notice period, Resident shall notify Landlord, which notification shall provide Landlord authorization to commence the turnover and reletting process. If (a) Resident provides such authorization in writing; and (b) Management successfully relets the Resident’s Unit within the sixty (60) day notice period, Landlord will credit Resident amount equal to (i) the total per diem Rent that would have been paid by Tenant after the start date of the new lease had the Apartment not been relet minus (ii) the total amount of rent due under the new lease for the remainder of the 60-day notice period minus (iii) any amounts necessary to restore the Apartment to its condition at the commencement of the tenancy, ordinary wear and tear excepted that is not otherwise covered by the Security Deposit. Notwithstanding the foregoing, in no event shall the credit due Resident exceed the total per diem Rent that would have been paid by Tenant after the start date of the new lease had the Apartment not been relet. In attempting to relet the Unit, Resident acknowledges and agrees that Management (A) may relet the Unit or any part thereof for such rent and upon such terms as Management, in its sole discretion, shall determine (including the right to relet the Unit for a greater or lesser term than that remaining under this Lease, (B) shall not be required to give any preference or priority to the showing or leasing of the Unit over any other unit in the Apartment Community, and (C) may reject any offer to rent the Unit at a rate which is less than the then-current rate being charged for comparable space in the Apartment Community or on terms that are less favorable than those contained in Tenant’s then-current lease form. 9. ANIMALS. Animals are not allowed anywhere in, on or about the Apartment Community to be kept or to “visit” in the Apartment or the Apartment Community without the prior WRITTEN approval of Management. “Animal/pet sitting” is not permitted. In the event Management allows Resident to have an Animal at the Apartment Community (even if Resident requires accommodation for a guide/service or assistance animal due to a disability, which accommodation requirement may be verified by Management), Resident (i) must sign an Animal License Agreement to Resident’s Lease that specifically identifies the Animal, (ii) shall pay a non-refundable Animal Fee (except in the case of a service/assistance animal); (iii) shall pay the required additional Animal Rent (except in the case of a service/assistance animal); (iv) must obtain and maintain general liability insurance that specifically includes animal coverage and names both Landlord and Management as Certificate Holders and as Additional Insureds as required by Management, and (v) agrees to comply with the terms and provisions of the Animal License Agreement and the Animals Section of the Community Rules and Policies. 10. INSURANCE. Resident shall maintain general liability insurance for the Term of the Lease as set forth on the Insurance Agreement. Resident is advised that the casualty (also known as property) insurance of Landlord on the Apartment Building does not cover any damages or losses to Resident’s personal property that may occur from accidents, casualties, acts of God, theft, wrongful action of third parties, Garage door malfunctions, fire, flood, water leaks, sewer back up, etc. Resident shall obtain Resident’s own renters insurance coverage to provide protection against loss or injury to Resident’s own self, personal property, interruption of use of the Apartment or any storage areas, or moving costs. 11. MOVE-IN. By signing this Lease, Resident acknowledges that Resident has accepted the Apartment, has had an opportunity to inspect the Apartment or one like it, and that no promises have been made about any changes in decorating, appliances or fixtures, unless such changes are in a writing signed by Landlord or Management and Resident. A “Resident Move-In Checklist” will be provided to Resident at the time Resident moves into the Apartment. Resident agrees to document any defects or damage in the Apartment by returning the Checklist to Management within seven (7) days of move in. Any damages or deficiencies noted on the Checklist are not considered a request for repair or service unless Resident also submits a work order or request for service. Resident’s completion and return of the Checklist to Management is Resident’s acknowledgement of the move-in condition of the Apartment. The Checklist as completed by any one Resident will be deemed binding and conclusive as to the condition of the Apartment on all Residents. If Resident does not return the Checklist as required by this Move-in Section, Resident acknowledges that the Apartment was received in good condition with no repairs, defects, or pre-existing damages. 12. MOVE-OUT. If Resident moves out prior to the End Date, Resident will remain liable for all obligations under this Lease. Resident will be responsible for monthly installments of Rent, other charges, and Utilities that are Resident’s responsibilities through the end of the Lease Term or the Notice Period, whichever is later. When Resident moves out, whether on or prior to the End Date, the Apartment, including all windows, floors, walls, bathrooms, appliances and kitchens in the Apartment, must be clean with no damage beyond ordinary wear and tear. Resident must follow the move- out instructions provided by Management, and Management shall inspect the Apartment to determine whether Resident has caused any damage to the Apartment beyond normal wear and tear. If the Apartment is not left in the required condition, or if the Apartment has been damaged beyond ordinary wear and tear, Resident will be liable for the charges listed on the Move-In Checklist and/or reasonable charges to complete such cleaning, service work, repair or replacement as Management or Landlord deem necessary, even if the amount of such damage exceeds the amount of any Security Deposit. Resident has the option to be present at the move-out inspection at such time specified by Management. If Resident chooses not to be present, Resident agrees to accept Management’s assessment of damages and charges after Management’s inspection. Resident must timely return all keys, access devices, door openers, and other access materials, or be responsible for all (then applicable) replacement charges for not returning all such materials. If Resident leaves any of Resident’s personal property in the Apartment after the End Date or earlier termination of the Lease, Management and Landlord will be entitled to charge for the costs of removing and storing such personal property for the time period required by State law. At the end of the time period required to store the personal property, Management and Landlord shall dispose of the personal property in accordance with State law. Any damage to Resident’s Apartment and/or any damage to the Common Areas caused by Resident, Resident’s guests or invitees, are the Resident’s responsibility. Failure to pay any charges assessed by Management or Landlord for repair of such damage is a default under the Lease. 13. SECURITY DEPOSIT. Resident shall pay to Landlord within three (3) days after the Effective Date of this Lease, a Security Deposit in the amount stated on the Reference Pages as partial security for all of Resident’s obligations under this Lease. The Security Deposit will not be Landlord’s limit of damages and Resident shall be responsible for all amounts due under this Lease, including all of Landlord’s and Management’s costs of labor and materials for cleaning, servicing, repairing or replacing any item in the Apartment Community’s Common Areas which results from any of Resident’s, their guests’ or invitees’ actions and constitutes unreasonable wear and tear or damage. Notice is hereby given that additional charges for removal of biohazardous wastes such as blood, body waste or other body fluids, painting, cleaning or deodorizing relating to staining or removing odors associated with animals, smoking, cooking or grease, incense or similar substances, are not considered “ordinary wear and tear” and additional charges will be assessed. Notice is given under Minnesota Statute §504B.178, Subd. 8, that withholding the last month’s Rent on the grounds that the Security Deposit should serve as payment for the Rent can subject Resident to the penalties and interest set forth in the Statute. Resident cannot use the Security Doran Residential Apartment Lease Contract Rev. 08.01.2022 Document digitally signed using RENTCafe eSignature services. Document ID: 498550 27-CV-HC-24-4397 Filed in District Court State of Minnesota 6/30/2024 8:12 AM APARTMENT LEASE CONTRACT Deposit to offset or pay in advance any month’s Rent or any other charges under this Lease, but Landlord may use all or any part of the Security Deposit for any unpaid obligations, and Resident shall promptly pay Landlord upon demand the amount necessary to restore the Security Deposit to the original amount. Resident shall notify Landlord and Management of Resident’s forwarding address for delivery of any unused portion of the Security Deposit. Provided Resident has provided Landlord and Management with a forwarding address, Landlord and Management shall have twenty- one (21) days after the termination of the tenancy to return any unused portion of the Security Deposit to Resident or, if Landlord deducts any amount from the Security Deposit, to provide to Resident a description and itemized listing of deductions that Landlord has taken from the Security Deposit. Any unused portion of the Security Deposit will be returned to Resident at the address of the Apartment unless Resident has provided Landlord and Management with a forwarding address as set forth above. If there is more than one Resident under this Lease, Landlord shall have no obligation to separately account or pay or divide the Security Deposit but may issue one check to all named Residents. Landlord shall not have any liability or responsibility for sending a check to multiple forwarding addresses but may send a Security Deposit Disposition Notice, and any check owed, to the first forwarding address received, or if no address is timely received, to the Apartment address. Resident’s obligations to pay the charges described in this Security Deposit Section will survive after the End Date or earlier termination of this Lease. If Landlord sells the Apartment Community, Resident’s Security Deposit will be transferred to the new landlord, and upon such transfer, Landlord will not have any further liability to Resident for the return of all or any portion of the Security Deposit and Resident must look to the new landlord. The Security Deposit shall bear interest in accordance with applicable State law. Any interest earned upon the Security Deposit will be paid, or credited, to Resident as provided by law. 14. UTILITIES—ELECTRIC, GAS AND WATER/SEWER; TRASH REMOVAL/RECYCLING SERVICES. a. Electric, Gas, Water/Sewer Utilities and Other Services. Resident shall be responsible for and must pay for all costs and services (including any required activation fees and deposits) relating to electric utility service, gas utility service, water/sewer utility service, trash removal/recycling services, cable TV, internet, local or long-distance telephone services and all associated fees and billing costs that may be related to or result from Resident’s use and/or consumption of any such services. Landlord or Management shall have the sole discretion to select the providers for electric and/or gas utility services provided to the Apartment and to the Apartment Community. Resident will contract directly with the electric and/or gas utility providers for electric and/or gas utility services (“Utilities”). Prior to the Lease Start Date Resident must arrange for those electric and/or gas utilities to begin on or before the Lease Start Date. Electric and/or gas utility services must remain on and will remain the responsibility of the Resident through the Lease End Date, regardless of whether the Resident may have moved out of the Apartment, except and unless Resident has sublet the Apartment as approved by Landlord or Landlord has re-let the Apartment pursuant to the Lease. Failure of Resident to maintain and timely pay for continuous electric and/or gas utility services as required herein is a material breach of the Lease. Any disconnect notice issued to Resident is a material breach of the Lease. b. Water/Sewer Utility Services and Trash Removal/Recycling Services. Landlord shall provide water, waste water and sewer utility services (hereinafter called “Water/Sewer”) and trash removal and recycling services (hereinafter called “Trash Removal/Recycling”) to the Apartment and the Apartment Community. Resident must pay monthly to Landlord the costs of Water/Sewer and Trash Removal/Recycling, which costs are included as part of Rent and are set forth in the Reference Pages. The costs for trash removal and recycling are not considered utilities under Minnesota law. c. Lease, Community Rules & Policies and Resident Handbook requirements. This UTILITIES—ELECTRIC, GAS AND WATER/SEWER; TRASH REMOVAL/RECYCLING SERVICES Section of the Lease relates solely to the services and billings to Resident for the matters covered in this Section. It does not set forth any rules or policies between Resident and Management with respect to waste, mold and moisture prevention and control, leaks, trash disposal, additional charges for disposal of large items, furniture or prohibitions against disposal of electronics, hazardous items, items belonging to any person other than the Resident, or items that might contain medical waste, or pests. Additionally, Management may have additional requirements, including sortation, for recycling. The Community Rules and Policies or other provisions regarding care and maintenance of the Apartment, fixtures and equipment and other requirements relating to trash and recycling shall control. d. Consent to Report. Management may participate in financing or other programs, such as LEED certification, where Management has an obligation to gather and report information, on an aggregate basis without disclosing any information about individual household or resident use, utility use and consumption. Resident consents for Management to collect data from any utility providers providing services to the Resident, to the Apartment Community and to Management and to report and share such aggregate use and consumption information with third parties as needed. e. Miscellaneous: 1. Landlord and Management are not liab