Preview
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CLAY SEVENTH JUDICIAL DISTRICT
Case Type: Eviction (UD)
New Age Rentals, LLC, Case No.
P.O. Box 2344,
Fargo, ND 58108,
Plaintiff, COMPLAINT IN FORCIBLE DETAINER
vs.
Bryan Richardson and all others in
possession,
Defendant.
IF FINANCIALLY UNABLE TO OBTAIN COUNSEL, THE DEFENDANT HAS THE RIGHT
TO A COURT-APPOINTED ATTORNEY.
[¶1] The Plaintiff above named complains and states to the Court, that Plaintiff has
complied with the disclosure required by M.S.A. 504B.181 and that the Defendant is unlawfully
occupying the property described below on the following basis:
[¶2] Plaintiff, New Age Rentals, LLC, manages an apartment building at 2409 4th Ave N,
Moorhead, MN 56560.
[¶3] Plaintiff has demised and leased by written Lease Agreement, effective on a month-to-
month term, to Defendant Bryan Richardson, the premises located at 2409 4th Ave N #18,
Moorhead, MN 56560. The Lease Agreement is attached hereto as Exhibit 1.
[¶4] On or about April 24, 2024, Plaintiff provided Defendant with a Sixty Day Notice that
Defendant's month-to-month lease would terminate on June 30, 2024. That Sixty Day Notice
is attached hereto as Exhibit 2.
[¶5] Defendant has failed to comply with the Notice, is still in occupancy and possession of
the property, and remains a hold-over tenant in that unit, unlawfully detaining possession from
the Plaintiff.
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
[¶6] WHEREFORE, the Plaintiff prays for the following relief:
[¶7] For a Judgment of Eviction against the Defendant restoring Plaintiff to restitution of the
property.
[¶8] For its costs and disbursements incurred herein.
[¶9] Attorney’s fees in the amount of Five and No/100ths Dollars ($5.00).
[¶10] For such other and further relief as to the Court may seem just and equitable.
Dated July 9, 2024.
/s/ Ann E. Miller
Ann E. Miller (MN #0390063)
Krista L. Andrews (MN #0387630)
ABST Law, P.C.
4132 30th Avenue South, Suite 100
P.O. Box 10247
Fargo, ND 58106-0247
(701) 235-3300
amiller@abstlaw.net
kandrews@abstlaw.net
Attorneys for Plaintiff
ACKNOWLEDGMENT
The undersigned and the party I represent hereby acknowledge that sanctions may be
imposed pursuant to MINN. STAT. § 549.211 for any violations of that statute.
/s/ Ann E. Miller
Ann E. Miller (MN #0390063)
Krista L. Andrews (MN #0387630)
ABST Law, P.C.
4132 30th Avenue South, Suite 100
P.O. Box 10247
Fargo, ND 58106-0247
(701) 235-3300
amiller@abstlaw.net
kandrews@abstlaw.net
Attorneys for Plaintiff
2
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
EXHIBIT 1
360 Properties, LLC
325 7th Street South -
SUIte 100 -
Fargo. ND 58103
(701) 526-4600
1. Residency and Financials
1.1 WELCOME
Welcome to 360 Properties LLC, we are happy that you have deCIded to rent with us. As a
professional property management company,
our friendly staff is commuted to making your rental
experience pOSitive_ 360 Properties LLC is dedicated to SUPCnt)!" cusmmer servtce
and also values each and every tenant: We are an We do not discriminate because of race, color, sex,
equal housing opportunity provider.
national origin, religion, disability, familial status, sexual orientation,
age, marital status, gender identity or gender expressmn: Please read
this agreement carefully, as it is a legally binding instrument.
1.2 LEASE AGREEMENT
Lease Agreement:
Bryan]. Richardson and us Owner/ Agent: 360 Properties LLC
You've agreed to rent the property located at:
2409 4th Ave North 18 -
Moorhead, MN 56560
Start date of the lease: 09/01/2022
Ending date of lease term: 08/31 /207_3
Duration of lease: 12 months
Upon fulfillment of the original lease tenn, this lease shall automatically be extended on twomonth basis, still requiringy a wday notice
from the first of the month to vacate and all of the terms and conditions of the Lease Agreement shall continue to bind both parties
Monthly Rent: $62500
Monthly Pet Rent: n / a
Pet Deposit: n/ a
Secunty Deposit: $500.00
Rent incentives: none
Owners Responsibility X Water, Sewage, Garbage, X Lawn Care, x Snow Removal,
Resrdents Responsibility: X Electricity, X Heat, 23 Internet, x Cable TV,
'No inoperable vehicles allowed on property
|
'No parking velucles or trailers / equipment on lawn at any time
I
'Carage Available upon request, assigned by management additional $40 per month
Early Move in on 815 2022 with pro-rated rent and management approval
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
x 931%
J. Richardson
Bryan
1.3 RENT AND APPLICATION OF PAYMENT
Rent is UtNt'd in the amount indicated above.
Management reserves the right to apply all monies received in the followmg order (1) Security
Deposit; (2) Late Fees; (3) NSF Fees; (4) Attorneys Fees; (5) Maintenance/SerVIce calls,
Any' rent incentiws received must be repair, damage, cleaning expenses, fines, (6) Rent.
repaid for any reason this lease is termmated prior to the end date of the lease term.
1.4 RENT PAYMENTS AND LATE FEES
Rent is due and payable to Owner or Management on or before THE FIRST DAY OF THE MONTH and
shall be paid with a check/ money
order or through Management's ACti program; no cash
please. If rent is not received by the fifth day of the month by 5pm you shall be
in default. You must pay' a $50.00 late fee for
any rent received after the 4th along with an additional $25.00 on the 10th and an additional
$25 00 on the 15th of the month if rent is still owed, this 4
day "grace" period includes holidays, mail time, and weekends.
A $30 00 sen'ice fee Will be charged for any rejected electronic
payment or for any rent check returned for Non Sufficient Funds (NSF) in
addition to any fees charged by third-parties. A returned rent payment is considered the same as rent not
paid, and late fees will apply. At
the discretion of Management personal checks may no
longer be accepted in this case.
1.5 ALL TENANTS RESPONSIBLE FOR ALL DEBTS
Each Tenant is mdwidually and severally responsible for
paying the full amount of rent and any other money owed to Management. I!
disagreements surface between persons sharing the premises and one person moves out and has been removed from the lease, the remaining
tenant(s) on the lease are responsible for paying the entire monthly rent.
Tenant(s) duty to pay rent for the balance of the term of the lease is not waived because of an eViction action, and Tenantts) obligation in that
regard shall continue until the premises are re-rented.
1.6 SECURITY DEPOSIT
The Security' Deposit $500.00 is due on or before the date of executing this lease agreement. Management Will hold the
security deposit for
the term of the tenancy in accordance wrth state law. Management resen'e the right to use the
security deposit, or portions thereof, to cover
any charges related to your tenancy including, but not limited to, cleaning, repair of damages, unpaid rent, late fees, and returned check fees.
If at the end of tenancy Management receives more than one forwarding address for the return of the
security deposit, Management may
return all or any part of the security deposit to any of the addresses left with Management. The entire
deposit wrll remain With the
apartment
1.7 UTILITIES
You'll pay! for all other utilities, related deposits, and any charges, fees, or services on such utilities. We do not
guarantee or warrant that
there Will be no interruption of utility serwce. You shall contact the utility service provider in the event of an
interruption of service. It your
electncrty is ever interrupted, you must use only batteryoperated lighting.
1.8 INSURANCE AND DAMAGE/INJURY CLAIMS
Management is not responsible for any theft, damage or injury that is done to tenant or their property or to Tenants guest or their prt'lpcrt')'
that was not caused by the Intentional or negligt'nt act of Management or failure* of Management to act. Management recommends that
Tenant obtains renter 5 insurance to protect against any injury or property damage claims, Tenant shall not be CONSIdt'l't'd a coinsured With
Management or Owner under any insurance on the property, and Tenants shall OblAln a separate hazard insurance policy on the property,
Management is not responsible for the actions, or for any damages, injury or harm caused by such actions, or third partws who are not in
Management.» control.
2
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
By' initialing belmv, you acknowledge and agwe to the terms in Section 1
x 133?
Bryan J.
Richardson
2. Policies and Procedures
2.1 OCCUPANCY AND USE
Only the person(s) listed above as Tenant(s) may occupy the premises Without wntten approval of Management. Temmt(s) are required to
conduct themselves In a respectful and positive manner (and their guests as well) that does not disturb the peaceful enjoyment of the other
Tenant(s). The premises and utilities may be used for normal Tenantable purposes only.
Tenant(s), any member of the household and/or guest shall not engage in any illegal activity on or near the premises, including but not
limited to drug relatc'd activity, Violence, use of fire ants, etc. Tenant(s) and guest are to act in a respectful manner at all times towards
Tenant(s), guest, management and vendors. Foul language, intimidation, threats, harassment, terrorizing or any of the like is not tolerated
and will result in immediate notice to vacate.
2.2 MOLD
It is the Tenant's responSibility to occupy the premises in such a manner that mold is not created. In the event that mold is observed, Tenant
shall notify Management immediately in writing. Owner and Management are not responsible for any injury or illness caused by mold or
mold agents and Tenant agrees to indemnify and hold Owner and Management harmless from any claims, causes of action, actions, expenses
or damages of any nature ansmg out of the existence of mold on the premises.
2.3 LOCKS AND KEYS
Tenant(s) are prohibited from changing or in any way altering locls installed on doors or leased premises. Replacement keys are made at
the expense of the Tenant. lf keys are not returned at time of vacate, a new lock Will be Installed at the Tenant(s) expense.
Where security locle are installed in halls and entryways there will be one key per adult tenant. No person other than Tenant is allowed
the use of keys. Security doors are locked as an amenity and for the Tenant's protection and safety, therefore are not allowed to be blocked
open, except for brief periods when moving items in or out. If either of these two rules are Violated by Tenant, Management has the right to
terminate the lease effective immediately. Tenant is also liable for any interruptions or damages caused by others to any contents or property
caused by the neglect of either of these two rules.
All deadlocks, keys, window latches and doorknobs will be in working order when you move in, provide written notice to Management of
any security concerns or any lock problems.
2.4 NOTICE OF REPAIR
Tenant agrees to promptly prowde written notice to Management of any conditions on the premises that are dangerous to health or safety of
Tenant or other Tenants, or which may require repair, cause damage to the premises or waste utilities.
Tenant shall make no alterations or improvements to the premises Without the prior written consent of Management.
2.5 DAMAGE I UNINHABITABLE
In case during the term hereof, the premises become uninhabitable because of water, fire, or other casualty, then this lease shall become null
and mid, and neither party shall haV'e any further obligation to the other, unless the damage was caused by the negligence of the Tenant or
the Tenants guests or invttees.
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
B)' initialing below, you acknowledge and agrm to the terms in Section 2
x BER
Bryan J.
Richardson
3. Responsibilities
3.1 CONDITION OF PREMISES AND ALTERATIONS
You accept the premises and fixtures as 15, except for conditions
materially affecting the health or safety of ordinary persom. We disclaim all
implied warranties. You shall maintain the premises in good, clean and tenantable condition throughout the tenancy. You agree not to alter,
or remove our property', including alarm systems, smoke detectors, furniture,
damage, telephone and cable TV Wiring, screens, locks, and
security devices. You may not paint or make any permanent alteration without our written consent.
3.2 RIGHT OF ENTRY
Management has the right to enter the premises at reasonable hours, with a proper and reasonable notice, for the purpose of inspection,
responding to your request, making repairs and/or preventative maintenance, pest control, or for showing or exhibiting the premises to
prospective new tenants and for any emergency situations that may arise.
Management and its authorized agents reserve the right to enter the premises at any time in case of emergency or if Management reasonably
believes the Tenant has abandoned the premises, or if Management reasonably believes tenant is in substantial Violations of any of the
provisions of this lease.
3.3 TERMINATION OF LEASE
Lease Termination: A minimum of TWO (2) FULL CALENDAR MONTHS written notice to vacate is ALWAYS required, even once the Lease
has been extended on a month to month baSis. In order for the vacating and termination of this Lease Agreement and any extension to be
proper, the notice must be: a) in written form; b) given on or before the last day of the month, wluch is at least TWO (2) FULL CALENDAR
MONTHS prior to termination. This notice is also required if you are vacating at the end of the initial term.
a) Resident(s) shall be responsible for rent through the end of the lease term to include the proper notice period.
b) A notice gii'en that does not meet the requirements listed above will be considered [MPROI'ER If an improper notice is given, the
.
Resident(s) Will be responSiblc for paying rent and expenses for the apartment for the remainder of the lease to include the proper notice
period or until the apartment is successfully rerented. A failure to give proper notice of termination will result in a rerental charge of $300
to the Restdentts) in addition to any consequential damags.
c) Owner and / or Management shall give Resident(s) TWO FULL CALENDAR MONTHS notice of any changes in the lease terms.
If the ReSident(s) terminates the Lease Agreement prior to the end of the term, tenant shall be subject to the re-rental charge of $3()0 and the
Residenus) shall still be liable for the monthly rent for the premises until the end of the lease term or until the premises has been successfully
rerented. whichever occurs first. Resident(s) will be required to reimburse any and all incentives that were given to ReSident(s) to rent the
premises. At the termination of the lease agreement, Tenants shall perform a proper check out and provide Management With a forwarding
address.
x 1337?
J. Richardson
Bryan
3.4 VACATING
Tenant agrees to vacate the premises on or before 12:00 noon of the termination date of this lease or any renewal. If Tenant fails to vacate
on or before the required date, Tenant shall be liable to Management for all losses incurred by Management Upon vacation, Tenant agrees
to leai'e the premises in their condition at the mmmencement of the tenancy except for the ordinary wear and tear. If the premises are left
in a condition that make the premises unrentable or unfit for occupancy due to Tenant damage or failure to adequately clean the premises,
Tenant shall be liable for all rent until such time as the premises are fit for occupancy.
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
Cleaning
You mus' thoroughly' clean the umt, includlng doors, windows, furniture, bathrooms, kitchen
appliances, panos, balconies, garages,
carporls, and srorage rooms. 1f you don't clean adequately, you'll be liable for reasonable cleaning charges.
Carpets
All carpets must be cleaned b)' an approved professional carpet cleaning servrce when vacating the premises. The carpet cleaning service
musi use a "truck mounted" cleaning system. Tenant mus! present a receipl for this serv1ce. Tenant my elect to have
Management handle
the carpet cleaning with cost taken out of the Tenants Security Deposit prior to any Security Deposrt being returned.
Charges
You'll be liable for the followmg charges, if applicable: unpaid rent; unpaid utilities; unreimbursed service charges; repairs or other damages,
excluding ordinary wear and tear; replacement cost of our property that was in or attached t0 the apartment and is missrng; unretumed
keys; missrng or bumed-out light bulbs; removmg or rekeying unauthorized security devrces or alarm systems; agreed reletting charges;
pricking, removrng, or storing property removed or stored; removing illegally parked vehicles; animal-related charges; government fees or
fines against us for Violation (by you, your occupant, or guest) of local ordinances relating to smoke detectors, false alarms, recycling, or
other matters; late-payment and retumed-check charges, plus attorney's fees, court cosb, and filing fees actually paid; and other sums due
under this Lease Agreement.
Deposit Refund
We'll mail it to you at your last known address your security-deposit refund (less lawful deductions) and an itenuzed accounting of any
deductions no later than 30 (thirty) days after the Lease Contract termination and delivery of possession to us.
3.5 RULES AND POLICIES
From time ot time, Management may attach and incorporate by reference rules for the property, as well as addendums to this lease,
including, without limitation, a Drug Free Crime Free Housing Addendum, and Smoke Free Property Addendum. Any violation of those
rules, policies and addendums shall constitute a Violation of this lease.
3.6 SUBLETTING AND ASSIGNMENT
Tenant may not assiyi this lease or sublet or grant a license to use the premises to any other person without the prior written consent of
Management
3.7 ABANDONMENT OR SURRENDER OF THE PREMISES BEFORE THE TERMINATION OF THIS LEASE
Tenant understands that he or she is responsible for paying the full rent each month for the duration of this agreement and any extensions
or renewals. Tenant is responsible for all losses of rent or any other losses or costs caused by Tenants premature abandonment or surrender
of the premises. No surrender of the premises by the Tenant will be considered accepted by Management without written consent by
Management and will not be construed as waiving Management's right to seek remedies under this agreement or pursuant to applicable
law.
3.8 ABANDONED PERSONAL PROPERTY
If the Tenant abandons personal property on the premises, Management shall store such abandoned personal property for a period not to
exceed 30 days from the date that the lease terminated . After that date, Management may sell or otherwise dispose of the abandoned
property. Tenant is responsible for all storage and moving expenses. Tenant releases Management from any claims that my arise out of
storage or dispOSition of said property.
3.9 SMOKE ALARMS
Tenant agrees to be responSible for the upkeep. operation and maintenance of all smoke alarms, smoke detectors and carbon monoxide
systems with in the umt. The battery for the smoke alarm must be checked. Disconnecting any smoke alami or carbon monoxide alarm Will
result in $50 fine to the Tenant. You Will be liable to others and us for any loss, damage, or fines from fire, smoke or water if that condition
arises from disabling or damaging the smoke detector or from your failure to replace a non working battery or report malfunctions to us.
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
By initialing below, you acknowledge and agree to the terms in Section 3.
x 337%
J. Richardson
Bryan
4. General Clauses
4.1 POLICIES AND RULES
Tenant and all guest and occupants must comply with any written poliqes or rules, including instructions for care of our property' Any
rules are considered part of this lease agreement' We may make reasonable changes to written rules, effective immediately if distributed
and applicable to all umts in the community.
4.2 ATTORNEY'S FEES
Tenant agrees to pay all court costs and attorney's fees incurred by Management in enforcing any of its rights under this teaser
4.3 EVICTION
A Violation of any term of this lease may result in eviction. If Management excuses a speCific violation of a particular section of this lease,
such waiver is not deemed to be a waiver regarding any subsequent smular Violation, or Violation of any other sectiiin of the lease If Tenant
lS evicted my Management, whether or not Management obtains a court judgment to enforce the eviction notice, Tenant agrees to continue
paying the full amount of the rent for the full remaining term of this lease, or until the premises is re-rented, whichever comt's sooner
4.4 LEAD WARNING STATEMENT
Ex ery' Tenant of any' interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property
may present exposure to lead from lead-based paint that may place young children at risk of developing Ieatl pmsoning lead poisoning
in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behaVioral
problems and impaired memory. Lead pmsoning also poses a particular risk to pregnant woman The Landlord of any' interest in residential
real property is required to prOVide the Tenant With any information on lead-based paint hazards from risk assessments or inspectmns in
the Landlord's posse55ion and notify the Tenant of any knou'n lead-based paint hazards. A risk assessment or inspection for posable lead-
based paint hazards is reconunended prior tti lease,
4.5 FAIR HOUSING
All Tenants shallbe treated fairly and equally without regard to race, color, religion, national origin, marital status, age, sex, family status.
handicap or status With respect to public assistance.
4.6 MILITARY PERSONNEL CLAUSE
Tenant may terminate the Lease Agreement if you enlist or are drafted or commissioned and on active duty in the Armed Forces of the
United States. You must give Management written notice of termination, 30 (Thirty) day's prior to the termmation date You must prcwide
us proof that you qualif)' for this limited exception. Being recalled to Active Duty also qualifies for this exception
4.7 ENTIRE AGREEMENT
"this lease contairis the entire agreement between the parties No changes shall be made to this lease unless in writing and signi'd by all
parties
6
.
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
By lnmalmg below, you acknowledge and agree to the terms In Sectlon 4,
x BEER
J. Richardson
Bryan
7
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
360 Properties, LLC
325 7th Street South - Surte 100 -
Fargo. ND 58103
(701) 526-4600
5. Drug Free and Crime Free Housing
5.1 DRUG-FREE AND CRIME FREE HOUSING
as follows:
ln consideratmn of the execution or renewal of a lease of the dwelling unit identified in the lease, Tenant agrees
control shall not engage in criminal actiVity,
1 Tenant, any member of the tenant's household or a guest or a person under the tenant's
criminal on or near the said premises. "Drug related criminal activity" means the Illegal manufacture, sale,
including drug-relatt'd actiVity,
substance (as defined in Section 102 of the
distribution, use, or possession With intent to manufacture, sell distribute, or use of a controlled
Controlled Substance Act [21 U.S.C.802])
the tenant's control shall not engage in any act intended
2. Tenant, any member of the tenant's household or a guest or other person under
the said premises.
to facxlitate criminal activity, including drug-related criminal activity on or near
or to facilities criminal actiVity, including drug-
3. Tenant or members of the household will not permit the dwelling unit to be used for
related criminal actJVIty, regardless of whether the individual engaging in such actiVIty
is as a member of the household or a guest
or a guest or other person under the tenant's control shall not engage in the manufacture,
4. Tenant, any member of the tenant's household,
sale, or distribution of illegal drugs in any locations, whether
on or near the dwelling unit premises or otherwise.
under the tenant's control shall not engage in acts of violence
5. Tenant, any member of the tenant's household, of a guest or other person
the unlawful discharge of firearms, on or near the dwelling unit
or threats of Violence or threats of Violence, including but not IimHed to
premises.
VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE
AND GOOD CAUSE FOR
6
A violation of of the of this added addendum shall be deemed a serious Violation and
TERMINATION OF TENANCY, single any provisions
of the lease.
shall be good cause for termination
material noncompliance With the lease, It is understood and agreed that a single Violation
of the Violation shall not require criminal conviction, but shall be preponderance of the ecidence
Unless otherWise proVided by law, proof
the provisions of the addendum shall
7. ln cas of conflict between the prOVisions of this addendum and any other provisions of the lease,
govem,
and Tenant,
8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner
to the terms in Section 5.
B)" Signing below, you acknowledge and agree
X 13W 36mph 'Ridiwidrow
Lessee IP Address. 24.116.166.32
08/12/2022 08,41am CDT
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
360 Properties. LLC
325 7th Street South ~
Smie 100 - Fargo, ND 58103
(701) 526-4600
6. Pest Addendum
6.1 PEST ADDENDUM
ln Consideration of the execution or renewal of the dwelling unit identified in the lease, Resident
agrees as follows:
Residens represent and warrant that all furnishings and personal property that Will be moved into the
premises are free of all pests.
RCSidenb agree to prevent and control possible infestation by adhering to the below:
1 Resident shall use reasonable diligence in caring for the residence and shall maintain the umt in a clean and sanitary condition. Resident
shall keep the unit free from pests of any' kind and conditions that might permit or encourage an infestation of
pests Examples of pests
includt' but are not limited to bedbugs, mice, roaches and ants. in addition, Resident shall be liable to pay all costs incurred by
Management
to mterminate and treat and pest infestation in the resident's unit as well as all other costs incurred
by Management to treat other units or
common areas to the extent attributable to Resident's failure to keep the unit free from pests.
2 Check for pests, espeCially but not limited to bedbugs, prior to bringing belongings into the unit. If you stay in a hotel or another home,
mspect your clothing, luggage, shoes and personal belongings for Signs of pests before reentering your apartment building.
3.Resident shall report any suspected pest problems immediately to Management. Not reporting immediately can cause a few pests to
multiply' and spread to other units.
4 ReSident Will cooperate With pest control efforts If your unit or neighboring unit is infested, a pest management professional may be
necessary Your unit must be properly' prepared for treatment. ReSident must comply with all recommendations and requests from the pest
control company prior to professional trea tment,
5 Recommendation for bedbugs may include, but are not limited to:
i. Bagging and remov ing items to be cleaned off-site.
ii. Washing all soft items in hot water and drying on high heat setting for a minimum of .5 hour. All items must be bagged
prior to leavmg the apartment and bags must be disposed of in an outside trash bin.
iii Bagging and disposal of any infested items, including, but not limited to mattresses, box springs and sofas. All disposal
of items must be enclosed in plastic or large garbage bags to prevent dropping of bugs and eggs on their way to the
outdoor trash site.
iv. Movmg all belongings several feet from the wall.
v Emptying dressers, closets and cabinets. Removing all itenis from floor, bagging of belongings.
vi. Vacating home for a period of up to lo hours.
i'ii. Vacuuming all floors and furniture, including mattress and box springs. Immediately disposing of vacuum cleaner
debris in a lightly sealed bag to the outside trash container.
6. Recommendation for roaches, mice and other pests may, include, but are not limited to:
i. Emptying all cabinets and nipboards.
ii. Permanently removing excessii'e clutter, including bags and boxes from re5idence.
iu. Sealing of dry food goods in airtight containers.
7. Resident acknowledgcs that proper preparation is a mandatory requirement for control to be effectix'e. Resident acknowledges that all
preparation is the responSIbility of the ReSIdent. Resxdent further acknowledges that preparation must be completed by the timeline set my
Management
8 Resident agrees that if the unit becomes infested With pests, Management may use all reasonable methods determined
by Management
to be appropnate to eradicate the pests.
9 Resident agrc-L-s to indemnify and hold Management harmless from any achons, claims, losses,
damages and expenses including, but not
limited to, attorney's fees that Management might incur as a result of any pest issue prOXimately caused by Resident.
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
10 I! Is mprcssly
auknowlcdgcd that Hana gcmcnt shali not be hablc for an) loss of personal
mfcmmun RL-sxdcnt agrecs to property to the Rnxdcm as a rcsul: of a pm?
(arr)' rcntcr 5 Insurance to never smh Imyn
By sigmng below, the underslgncd Raldunfls) agn-e and
arknnwlcdgc hawng read and understtxyd thJs addendum
By slgmng below; you
acknowledgc and agree to the terms In Section 6.
X 13W Joseph 'Richwzdwn
Lessee IP Address 2411616632
08/12/2022 08:41am CDT
0
14-CV-24-2388
Filed in District Court
State of Minnesota
7/9/2024 4:13 PM
360 Properties, LLC
325 7th Street South -
Surte 100 ' Fargo, ND 58103
(701) 5264600
7. Policies and Procedures
7.1 THANK YOU FOR RENTING WITH US
Fmm experience in Property
Management, we have found that the following policies and procedures are
necessary to insure' 1) maximum
enioyment, privacy and safety of all residents. 2) To preserve the character and maintenance of the and grounds. 3) To develop a
poSitive and building
enduring relationship between the ReSidents and Management.
7.2 RULES AND POLICIES
1. Rent is due and
payable to Owner or Management on or before THE FIRST DAY OF EACH MONTH and shall be
money' order or through Management's ACH paid With a check/
program; no cash please. if rent is not received by the fifth day of the month by 5pm you
shall be in default. You must pay a $50.00 late fee for
any rent received after the 5th along with an additional $25.00 on the 10th and an
additional $25.00 on the 15th this 5 day "grace" period includes mail time, and weekends.
holidays,
2. All Residents and their guests are expected
to conduct themselves in a manner
befitting respectable livtng. Public intoxication, loud
boisterous parties or disorderly conduct could lead to eviction. Resrdents are
responsible for all members of the household and for their
guest's actions
3. Please do not run, eat or lotter in common areas. All common areas are considered smoke free.
4. Show conSideration for your neighbors With regards to: loud televisions, radios, or stereos. The volume should be set at a reasonable
leV'el.
5. DO NOT give out keys to friends, relatives, etc. if the persons name is not on the lease,
they should not get a key. Failure to follow this
policy is a breach of building security and my be grounds for immediate eviction.
6. Fire department regulations require all sidewalks, comdors, walls,
passages, stairways and common storage areas to be kept free of all
personal belongings. No explosive, noxious, or illegal substances are permitted to be kept by a tenant in the apartment or on the
prermses.
Use of guns on the premises is prohibited.
7. Residents must dispose of garbage, trash and other waste matter in plastic bags and
placed inside garbage receptacles. Garbage is not to
be left on porches, hallways, laundry rooms, or balconies or the like.
8. Resxdents must maintain patios and balconies in such a manner that will be in keeping with the décor of the
community. Clothing, rugs,
mops, trash, bicycles toys and other articles shall not be stomd on the balconies or patios. When cleaning balconies, avoid sweeping over
the sides onto another balcony. This is also the ruling when shaking mops or The use of charcoal
rugs any grills and deep fat fryers are
prohibited at all times. Do not allow grills near any combustible material. Grills should not be stored in your apartment or used in your
garage. if a gas grill is to be used, tenant must carry renters insurance to pay for any damage it may cause to the building.
9. it is permissible for you to hang pictures, minors, etc. on the walls of
your apartment providing you use small nails or removable
adheswe type hooks Large nails, screws, bolts etc. will not be permitted. Written Management
approval is required prior to installing a
wall mounted teleVision.
10. For your convenience, coin operated washers and dryers may be on the premises. it is not
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Ruling
AHLUWALIA, NIRMAL KUMAR vs KHACHO, ESAM
Jul 27, 2024 |
CV-22-003529
CV-22-003529 – AHLUWALIA, NIRMAL KUMAR vs KHACHO, ESAM – Defendant and Cross-Complainant Esam Khacho’s Motion for Summary Judgment or Summary Adjudication – MOOT.
In view of the Court’s granting of Plaintiff’s Motion to be Relieved from Deemed Admissions, on which deemed admissions Defendant’s Motion for Summary Judgment is founded, this motion is moot.
Ruling
THE COLONY AT CALIFORNIA OAKS HOMEOWNERS vs MAJESTIC ASSET MANAGEMENT LLC
Jul 26, 2024 |
MCC2000132
THE COLONY AT
CALIFORNIA OAKS
MCC2000132 HOMEOWNERS vs Motion to Amend Judgment
MAJESTIC ASSET
MANAGEMENT LLC
Tentative Ruling:
This matter was originally scheduled for hearing on July 8, 2024, at which time the Court informed
the parties that the Court did not have the chance to post a tentative decision. The Court
continued the hearing to July 26, 2024. No further documents in support of, in opposition to, the
motion have been filed.
This is fraudulent conveyance action. Plaintiff The Colony at California Oaks Homeowners
Association (“Association” or “Plaintiff”) alleges that Majestic Asset Management, LLC (“Majestic”)
is and has been the owner of a golf course within the Association gated community since 2007.
Defendants Hai Huang and Jen Huang (the “Huangs”) are alleged to be the alter ego of Majestic
(collectively “Defendants”). In 2015, a judgment was entered in a prior action between the parties,
Majestic Asset Management v. Pappas, Case No. RIC 1213939 (“Prior Action”), in favor of the
Association and against Majestic for declaratory relief, breach of contract, permanent injunction,
monetary damages, attorney fees and costs in the total sum of $583,323.20. The Court also
determined the Association is entitled to the remedy of foreclosure pursuant to a 2007
Performance Deed of Trust, but the Court deferred ordering foreclosure at that time and instead
entered a permanent injunction requiring Majestic to maintain the golf course property in
compliance with maintenance standards, and retained jurisdiction to enforce the judgment to
order foreclosure if Majestic did not comply. On September 25, 2023, the Court amended the
judgment in the Prior Action, ordering the foreclosure of the golf course property pursuant to the
HOA Deed.
Plaintiff alleges that Defendants encumbered the golf course property by recording a sham Deed
of Trust in August 2019 in favor of defendant Tso Jen Chu in the amount of $3,468,012 (“Chu
Deed”) so as to evade liability under the judgment in the Prior Action. The operative Second
Amended Complaint alleges: 1) fraudulent conveyance 2) fraud; and 3) declaratory relief.
Following a bench trial in September 2023, this Court issued a Final Statement of Decision on
December 14, 2023 in favor of the Association and against Majestic, finding that the Chu Deed is
based on fraud and therefore void.
Plaintiff now moves to amend the judgment 1) deeming non-party Andrew Huang an alter ego of
Majestic and the Huangs; 2) voiding the October 11, 2023 transfer of the Huangs’ residence
located at 3000 Windmill Drive in Diamond Bar to their son Andrew Huang; and 3) enjoining the
Huangs from any further transfers of real property held in their name, Andrew Huang, Majestic or
Wintech Development, Inc. during the pendency of this litigation without a court order.
Defendants oppose, arguing that there is no judgment to be amended or enforced, Andrew Huang
is not a party to this litigation nor an alter ego of any of the defendants, the proposed amendment
violates Andrew Huang’s due process rights, and there is no evidence of a fraudulent transfer or
conduct to justify enjoining future transfers.
In the Reply, Plaintiff argues that the timing of the transfer and the Huangs’ prior conduct suggests
the conveyance was fraudulent in their latest attempt to prevent the Association from enforcing
its rights.
Analysis:
Pursuant to CCP § 187, a trial court may use “all the means necessary” to carry its jurisdiction
into effect, even if those processes are not set out in the code.” (McClellan v. Northridge Park
Townhome Owners Ass’n (2001) 89 Cal.App.4th 746, 752.) This statute has been interpreted to
give a trial court the jurisdiction to modify a judgment to add additional judgment debtors. (Id. at
752-753.) This includes amending a judgment against a corporation to add a nonparty alter ego
as a judgment debtor. (Rubio v. CIA Wheel Group (2021) 63 Cal.App.5th 82, 102-103; Greenspan
v. LADT, LLC (2010) 191 Cal.App.4th 486, 508.) The amendment does not add a new defendant;
it merely sets forth the true name of the real defendant. (Rubio v. CIA Wheel Group, supra, 63
Cal.App.5th at 101.)
The amendment lies only if the nonparty alter ego controlled the underlying litigation and was
virtually represented. Absent such control, the alter ego is a true nonparty. (Minton v. Caveney
(1961) 56 Cal.2d 576, 581; Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conf. Center Bd.
(1996) 41 Cal.App.4th 1551, 1555.) The judgment creditor must establish by a preponderance of
the evidence that the alter ego controlled the litigation. (Wollersheim v. Church of Scientology Int’l
(1999) 69 Cal.App.4th 1012, 1017.)
Control has been shown where the nonparty alter ego hired counsel to represent the corporation,
was the person with whom the corporate defendant’s counsel primarily dealt, was kept fully
informed of the suit’s progress, was familiar with all the issues, and helped draft documents for
the litigation. (See Alexander v. Abbey of the Chimes (1980) 104 Cal.App.3d 39, 46.) But control
does not exist where the alter ego only supplies funds for the prosecution or defense, appears as
a witness or cooperates without exerting influence over the litigation. (Minton v. Cavaney, supra,
56 Cal.2d at 581; see also Oyakawa v. Gillett (1992) 8 Cal.App.4th 628, 631 (wife, who was not
named as a defendant and had no control over the litigation, could not be added to the judgment
against her husband despite the fact that community property was liable for the debt incurred
during marriage).)
There must be such “unity of interest” between the alter ego and the judgment debtor as to ensure
that the alter ego’s interests were represented in the underlying litigation. (JPV I L.P. v. Koetting
(2023) 88 Cal.App.5th 172, 194.) To determine whether there is sufficient “unity of interest” and
ownership, the court considers factors such as the commingling of funds and assets, identical
equitable ownership, use of the same offices and employees, use of one as a mere shell for the
other, inadequate capitalization, disregard of corporate formalities, and identical directors and
officers. (Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 538-539.)
Preliminarily, this motion is premature because a judgment has not yet been entered in this action.
Though the Court issued a Final Statement of Decision, no judgment has been entered for which
an “amendment” would be appropriate. Moreover, Plaintiff failed to produce any evidence
whatsoever that Andrew Huang controlled this litigation and was virtually represented. Indeed, he
was not named as a defendant and there is no evidence Andrew Huang even participated in
anyway at trial or during the pendency of this action. There is also no evidence that Andrew Huang
was even a shareholder, officer or director of Majestic, or any facts establishing “unity of interest”
or ownership of Majestic.
The only evidence Plaintiff produced in support of this motion are documents that show the
Huangs transferred title to their residence to Andrew Huang, their son. (Declaration of Joseph A.
Sammartino, ¶¶ 4-8, Exs. 1-4.) These facts do not show Andrew Huang is the alter ego of
Majestic. Moreover, any purported fraudulent conveyance to Andrew Huang must be pleaded and
proved by Plaintiff by filing a new lawsuit. The Court has no authority to amend a judgment to rule
on a claim (i.e., fraudulent conveyance of the Huangs’ residence) that was never even asserted
in Plaintiff’s complaint. Furthermore, just because the court determined Majestic was the alter ego
of the Huangs in the Prior Action does not show Majestic is also the alter ego of Andrew Huang.
Plaintiff’s arguments are not well taken.
The Motion to Amend the Judgment is denied.
Ruling
Patel, Ragini vs. Kaur, Manjit et al
Aug 05, 2024 |
S-CV-0050523
S-CV-0050523 Patel, Ragini vs. Kaur, Manjit et al
** NOTE: telephonic appearances are strongly encouraged
Appearance required.
Ruling
DANITA LASHAY FRAZIER, AN INDIVIDUAL, ET AL. VS ROBERTA STEPHENS VILLAS PRESERVATION, L.P., A CALIFORNIA LIMITED PARTNERSHIP, ET AL.
Jul 31, 2024 |
23STCV30963
Case Number:
23STCV30963
Hearing Date:
July 31, 2024
Dept:
20
Tentative Ruling
Judge Kevin C. Brazile
Department 20
Hearing Date:
July 31, 2024
Case Name:
Frazier, et al. v. Roberta Stephens Villas Preservation, L.P., et al.
Case No.:
23STCV30963
Matter:
Demurrer; Motion to Strike
Moving Party:
Defendants Concerned Citizens of South Central Los Angeles, Inc. and
Roberta Stephans Villas Preservation, L.P.
Responding Party:
Unopposed
Notice:
OK
Ruling:
The Demurrer is sustained, without leave to amend.
The Motion to Strike is denied as moot.
Moving party to give notice.
If counsel do not submit on the tentative, they are strongly
encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.
This is a landlord-tenant matter, and the Complaint was filed on December 18, 2023.
Defendants Concerned Citizens of South Central Los Angeles, Inc. and Roberta Stephans Villas Preservation, L.P. now demur to the entirety of the Complaint for uncertainty and failure to state sufficient facts.
Because there is no opposition, the Complaint is deemed abandoned. (
Herzberg v. County of Plumas
(2005) 133 Cal.App.4th 1, 20.) The Demurrer is sustained, without leave to amend.
Given the ruling on the Demurrer, the Motion to Strike is denied as moot.
Moving party to give notice.
If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.
Ruling
FLORIDALMA AGUSTIN, ET AL. VS GARY GILLMAN, AS TRUSTEE OF THE GILLMAN FAMILY TRUST, ET AL.
Jul 29, 2024 |
23STCV11783
Case Number:
23STCV11783
Hearing Date:
July 29, 2024
Dept:
56
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
FLORIDALMA AGUSTIN,
et al.
,
Plaintiffs,
vs.
GARY GILLMAN,
et al.
,
Defendants.
CASE NO.: 23STCV11783
[TENTATIVE] ORDER RE: PETITIONS FOR APPROVAL OF COMPROMISE OF CLAIM OR ACTION OF DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR
Date: July 29, 2024
Time: 9:00 a.m.
Dept. 56
MOVING PARTY:
Plaintiff Floridalma Agustin (Petitioner)
The Court has considered the moving papers.
No opposition papers were filed.
Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (CCP) section 1005, subdivision (b).
BACKGROUND
Petitioner, individually and as guardian ad litem for minor claimants Kayro Jehiel Carranza-Agustin (10); Loida Jocabed Carranza (8); and Elimelec Aliel Carranza-Agustin (4) (collectively, Minor Claimants), and Plaintiff Hugo Adolfo Carranza (collectively Plaintiffs), initiated this action against Defendants Gary Gillman; Debbie Gillman; and Encino Management Services (collectively, Defendants).
This action arises out of a landlord/tenant relationship.
The complaint alleges: (1) breach of warranty of habitability; (2) breach of covenant of quiet enjoyment; (3) negligence; and (4) breach of contract.
Petitioner filed the instant petitions to approve the compromise of disputed claim on behalf of Minor Claimants (collectively, the Petitions).
DISCUSSION
If an action is pending and settlement is effected prior to trial, the minors compromise must be approved by the court.
(CCP § 372.)
A petition to approve a minors compromise is governed by California
Rules of Court
(CRC)
, rules 7.950,
et seq
. and
Probate Code
sections 3500 and 3600
et seq
.
The trial court is authorized to approve and allow payment of reasonable expenses, costs, and attorney fees in an action concerning the compromise of a minors claim.
(Prob. Code, § 3601, subd. (a);
Curtis v. Estate of Fagan
(2000) 82 Cal.App.4th 270, 277-79;
see also
CCP § 373.5.)
Attorneys Fees
Unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.
(CRC, r. 7.955(a).)
The court must give consideration to the terms of the agreement between the attorney and minors representative and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made.
(CRC, r. 7.955(a)(2).)
CRC Rule 7.955(b)(2) sets out nonexclusive factors the court may consider in determining the reasonableness of attorneys fees in connection with a petition for minors compromise.
Under CRC Rule 7.955(c), the petition must include a declaration by the attorney addressing the factors set forth in CRC Rule 7.955(b)(2) that are applicable to the matter that is before the Court.
Here, the Minor Claimants, by and through Petitioner, their guardian ad litem, have agreed to settle their claims against Defendants in exchange for $5,000 each.
Upon approval, $1,250 of each settlement payment will be allocated towards attorneys fees, and $725.61 will be used to reimburse the fees and costs advanced by Plaintiffs' counsel, leaving a balance of $3,024.39 to be disbursed to Petitioner for each minor claimant.
The Court finds that the settlement is fair and reasonable.
Further, the Court considers the requested amount in attorneys fees, which amounts to 25% of each settlement payment, to be fair and reasonable.
For these reasons and because they are unopposed, the Court provisionally GRANTS the Petitions, conditioned on Petitioner appearing (either remotely or in person) at the hearing.
(
Sexton v. Superior Court
(1997) 58 Cal.App.4th 1403, 1410.)
Moving party is ordered to give notice of this ruling.
Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 29th day of July 2024
Hon. Holly J. Fujie
Judge of the Superior Court
Ruling
ONE STEUART LANE 603 LLC VS. BERNARDO MENDIA ALCARAZ ET AL
Jul 26, 2024 |
CUD24674790
Real Property/Housing Court Law and Motion Calendar for July 26, 2024 line 5. PLAINTIFF ONE STEUART LANE 603 LLC MOTION FOR TERMINATING SANCTIONS AND FOR MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES DENIED. Opposition filed. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
JONATHAN POWERS, ET AL. VS EQUITY WAVE LENDING, INC., A CALIFORNIA CORPORATION, ET AL.
Jul 26, 2024 |
22STCV30299
Case Number:
22STCV30299
Hearing Date:
July 26, 2024
Dept:
71
Superior Court of California
County of Los Angeles
DEPARTMENT 71
TENTATIVE RULING
JONATHAN POWERS, et al.,
vs.
EQUITY WAVE LENDING, INC., A CALIFORNIA CORPORATION, et al.
Case No.:
22STCV30299
Hearing Date:
July 26, 2024
Defendant Hightechlending Inc.s amended demurrer to Plaintiffs Jonathan S. Powers, individually and as attorney-in-fact for Phyllis A. Powers and Jonathan S. Powers Roth IRAs and Henry Kreuters fourth amended complaint is
overruled as moot.
Defendant Hightechlending, Inc. (Hightech) (Moving Defendant) demurs to the to the fourth amended complaint (4AC) of Plaintiffs Jonathan S. Powers (Jon), individually and as attorney-in-fact for Phyllis A. Powers (Phyllis) and Jonathan S. Powers Roth IRA, and Henry Kreuter (Kreuter) (collectively, Plaintiffs).
(Notice of Demurrer, pgs. 1-2
.
)
Defendants demurrer is moot because the operative pleading in this action is the Fifth Amended Complaint (5AC), filed on June 24, 2024.
Accordingly, Moving Defendants demurrer to Plaintiffs 4AC is overruled as moot.
Conclusion
Moving Defendants demurrer to Plaintiffs 4AC is overruled as moot.
Moving Party to give notice.
Dated:
July _____, 2024
Hon. Daniel M. Crowley
Judge of the Superior Court
Preview
14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF CLAY SEVENTH JUDICIAL DISTRICT Case Type: Eviction (UD) New Age Rentals, LLC, Case No. P.O. Box 2344, Fargo, ND 58108, Plaintiff, COMPLAINT IN FORCIBLE DETAINER vs. Bryan Richardson and all others in possession, Defendant. IF FINANCIALLY UNABLE TO OBTAIN COUNSEL, THE DEFENDANT HAS THE RIGHT TO A COURT-APPOINTED ATTORNEY. [¶1] The Plaintiff above named complains and states to the Court, that Plaintiff has complied with the disclosure required by M.S.A. 504B.181 and that the Defendant is unlawfully occupying the property described below on the following basis: [¶2] Plaintiff, New Age Rentals, LLC, manages an apartment building at 2409 4th Ave N, Moorhead, MN 56560. [¶3] Plaintiff has demised and leased by written Lease Agreement, effective on a month-to- month term, to Defendant Bryan Richardson, the premises located at 2409 4th Ave N #18, Moorhead, MN 56560. The Lease Agreement is attached hereto as Exhibit 1. [¶4] On or about April 24, 2024, Plaintiff provided Defendant with a Sixty Day Notice that Defendant's month-to-month lease would terminate on June 30, 2024. That Sixty Day Notice is attached hereto as Exhibit 2. [¶5] Defendant has failed to comply with the Notice, is still in occupancy and possession of the property, and remains a hold-over tenant in that unit, unlawfully detaining possession from the Plaintiff. 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM [¶6] WHEREFORE, the Plaintiff prays for the following relief: [¶7] For a Judgment of Eviction against the Defendant restoring Plaintiff to restitution of the property. [¶8] For its costs and disbursements incurred herein. [¶9] Attorney’s fees in the amount of Five and No/100ths Dollars ($5.00). [¶10] For such other and further relief as to the Court may seem just and equitable. Dated July 9, 2024. /s/ Ann E. Miller Ann E. Miller (MN #0390063) Krista L. Andrews (MN #0387630) ABST Law, P.C. 4132 30th Avenue South, Suite 100 P.O. Box 10247 Fargo, ND 58106-0247 (701) 235-3300 amiller@abstlaw.net kandrews@abstlaw.net Attorneys for Plaintiff ACKNOWLEDGMENT The undersigned and the party I represent hereby acknowledge that sanctions may be imposed pursuant to MINN. STAT. § 549.211 for any violations of that statute. /s/ Ann E. Miller Ann E. Miller (MN #0390063) Krista L. Andrews (MN #0387630) ABST Law, P.C. 4132 30th Avenue South, Suite 100 P.O. Box 10247 Fargo, ND 58106-0247 (701) 235-3300 amiller@abstlaw.net kandrews@abstlaw.net Attorneys for Plaintiff 2 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM EXHIBIT 1 360 Properties, LLC 325 7th Street South - SUIte 100 - Fargo. ND 58103 (701) 526-4600 1. Residency and Financials 1.1 WELCOME Welcome to 360 Properties LLC, we are happy that you have deCIded to rent with us. As a professional property management company, our friendly staff is commuted to making your rental experience pOSitive_ 360 Properties LLC is dedicated to SUPCnt)!" cusmmer servtce and also values each and every tenant: We are an We do not discriminate because of race, color, sex, equal housing opportunity provider. national origin, religion, disability, familial status, sexual orientation, age, marital status, gender identity or gender expressmn: Please read this agreement carefully, as it is a legally binding instrument. 1.2 LEASE AGREEMENT Lease Agreement: Bryan]. Richardson and us Owner/ Agent: 360 Properties LLC You've agreed to rent the property located at: 2409 4th Ave North 18 - Moorhead, MN 56560 Start date of the lease: 09/01/2022 Ending date of lease term: 08/31 /207_3 Duration of lease: 12 months Upon fulfillment of the original lease tenn, this lease shall automatically be extended on twomonth basis, still requiringy a wday notice from the first of the month to vacate and all of the terms and conditions of the Lease Agreement shall continue to bind both parties Monthly Rent: $62500 Monthly Pet Rent: n / a Pet Deposit: n/ a Secunty Deposit: $500.00 Rent incentives: none Owners Responsibility X Water, Sewage, Garbage, X Lawn Care, x Snow Removal, Resrdents Responsibility: X Electricity, X Heat, 23 Internet, x Cable TV, 'No inoperable vehicles allowed on property | 'No parking velucles or trailers / equipment on lawn at any time I 'Carage Available upon request, assigned by management additional $40 per month Early Move in on 815 2022 with pro-rated rent and management approval 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM x 931% J. Richardson Bryan 1.3 RENT AND APPLICATION OF PAYMENT Rent is UtNt'd in the amount indicated above. Management reserves the right to apply all monies received in the followmg order (1) Security Deposit; (2) Late Fees; (3) NSF Fees; (4) Attorneys Fees; (5) Maintenance/SerVIce calls, Any' rent incentiws received must be repair, damage, cleaning expenses, fines, (6) Rent. repaid for any reason this lease is termmated prior to the end date of the lease term. 1.4 RENT PAYMENTS AND LATE FEES Rent is due and payable to Owner or Management on or before THE FIRST DAY OF THE MONTH and shall be paid with a check/ money order or through Management's ACti program; no cash please. If rent is not received by the fifth day of the month by 5pm you shall be in default. You must pay' a $50.00 late fee for any rent received after the 4th along with an additional $25.00 on the 10th and an additional $25 00 on the 15th of the month if rent is still owed, this 4 day "grace" period includes holidays, mail time, and weekends. A $30 00 sen'ice fee Will be charged for any rejected electronic payment or for any rent check returned for Non Sufficient Funds (NSF) in addition to any fees charged by third-parties. A returned rent payment is considered the same as rent not paid, and late fees will apply. At the discretion of Management personal checks may no longer be accepted in this case. 1.5 ALL TENANTS RESPONSIBLE FOR ALL DEBTS Each Tenant is mdwidually and severally responsible for paying the full amount of rent and any other money owed to Management. I! disagreements surface between persons sharing the premises and one person moves out and has been removed from the lease, the remaining tenant(s) on the lease are responsible for paying the entire monthly rent. Tenant(s) duty to pay rent for the balance of the term of the lease is not waived because of an eViction action, and Tenantts) obligation in that regard shall continue until the premises are re-rented. 1.6 SECURITY DEPOSIT The Security' Deposit $500.00 is due on or before the date of executing this lease agreement. Management Will hold the security deposit for the term of the tenancy in accordance wrth state law. Management resen'e the right to use the security deposit, or portions thereof, to cover any charges related to your tenancy including, but not limited to, cleaning, repair of damages, unpaid rent, late fees, and returned check fees. If at the end of tenancy Management receives more than one forwarding address for the return of the security deposit, Management may return all or any part of the security deposit to any of the addresses left with Management. The entire deposit wrll remain With the apartment 1.7 UTILITIES You'll pay! for all other utilities, related deposits, and any charges, fees, or services on such utilities. We do not guarantee or warrant that there Will be no interruption of utility serwce. You shall contact the utility service provider in the event of an interruption of service. It your electncrty is ever interrupted, you must use only batteryoperated lighting. 1.8 INSURANCE AND DAMAGE/INJURY CLAIMS Management is not responsible for any theft, damage or injury that is done to tenant or their property or to Tenants guest or their prt'lpcrt')' that was not caused by the Intentional or negligt'nt act of Management or failure* of Management to act. Management recommends that Tenant obtains renter 5 insurance to protect against any injury or property damage claims, Tenant shall not be CONSIdt'l't'd a coinsured With Management or Owner under any insurance on the property, and Tenants shall OblAln a separate hazard insurance policy on the property, Management is not responsible for the actions, or for any damages, injury or harm caused by such actions, or third partws who are not in Management.» control. 2 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM By' initialing belmv, you acknowledge and agwe to the terms in Section 1 x 133? Bryan J. Richardson 2. Policies and Procedures 2.1 OCCUPANCY AND USE Only the person(s) listed above as Tenant(s) may occupy the premises Without wntten approval of Management. Temmt(s) are required to conduct themselves In a respectful and positive manner (and their guests as well) that does not disturb the peaceful enjoyment of the other Tenant(s). The premises and utilities may be used for normal Tenantable purposes only. Tenant(s), any member of the household and/or guest shall not engage in any illegal activity on or near the premises, including but not limited to drug relatc'd activity, Violence, use of fire ants, etc. Tenant(s) and guest are to act in a respectful manner at all times towards Tenant(s), guest, management and vendors. Foul language, intimidation, threats, harassment, terrorizing or any of the like is not tolerated and will result in immediate notice to vacate. 2.2 MOLD It is the Tenant's responSibility to occupy the premises in such a manner that mold is not created. In the event that mold is observed, Tenant shall notify Management immediately in writing. Owner and Management are not responsible for any injury or illness caused by mold or mold agents and Tenant agrees to indemnify and hold Owner and Management harmless from any claims, causes of action, actions, expenses or damages of any nature ansmg out of the existence of mold on the premises. 2.3 LOCKS AND KEYS Tenant(s) are prohibited from changing or in any way altering locls installed on doors or leased premises. Replacement keys are made at the expense of the Tenant. lf keys are not returned at time of vacate, a new lock Will be Installed at the Tenant(s) expense. Where security locle are installed in halls and entryways there will be one key per adult tenant. No person other than Tenant is allowed the use of keys. Security doors are locked as an amenity and for the Tenant's protection and safety, therefore are not allowed to be blocked open, except for brief periods when moving items in or out. If either of these two rules are Violated by Tenant, Management has the right to terminate the lease effective immediately. Tenant is also liable for any interruptions or damages caused by others to any contents or property caused by the neglect of either of these two rules. All deadlocks, keys, window latches and doorknobs will be in working order when you move in, provide written notice to Management of any security concerns or any lock problems. 2.4 NOTICE OF REPAIR Tenant agrees to promptly prowde written notice to Management of any conditions on the premises that are dangerous to health or safety of Tenant or other Tenants, or which may require repair, cause damage to the premises or waste utilities. Tenant shall make no alterations or improvements to the premises Without the prior written consent of Management. 2.5 DAMAGE I UNINHABITABLE In case during the term hereof, the premises become uninhabitable because of water, fire, or other casualty, then this lease shall become null and mid, and neither party shall haV'e any further obligation to the other, unless the damage was caused by the negligence of the Tenant or the Tenants guests or invttees. 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM B)' initialing below, you acknowledge and agrm to the terms in Section 2 x BER Bryan J. Richardson 3. Responsibilities 3.1 CONDITION OF PREMISES AND ALTERATIONS You accept the premises and fixtures as 15, except for conditions materially affecting the health or safety of ordinary persom. We disclaim all implied warranties. You shall maintain the premises in good, clean and tenantable condition throughout the tenancy. You agree not to alter, or remove our property', including alarm systems, smoke detectors, furniture, damage, telephone and cable TV Wiring, screens, locks, and security devices. You may not paint or make any permanent alteration without our written consent. 3.2 RIGHT OF ENTRY Management has the right to enter the premises at reasonable hours, with a proper and reasonable notice, for the purpose of inspection, responding to your request, making repairs and/or preventative maintenance, pest control, or for showing or exhibiting the premises to prospective new tenants and for any emergency situations that may arise. Management and its authorized agents reserve the right to enter the premises at any time in case of emergency or if Management reasonably believes the Tenant has abandoned the premises, or if Management reasonably believes tenant is in substantial Violations of any of the provisions of this lease. 3.3 TERMINATION OF LEASE Lease Termination: A minimum of TWO (2) FULL CALENDAR MONTHS written notice to vacate is ALWAYS required, even once the Lease has been extended on a month to month baSis. In order for the vacating and termination of this Lease Agreement and any extension to be proper, the notice must be: a) in written form; b) given on or before the last day of the month, wluch is at least TWO (2) FULL CALENDAR MONTHS prior to termination. This notice is also required if you are vacating at the end of the initial term. a) Resident(s) shall be responsible for rent through the end of the lease term to include the proper notice period. b) A notice gii'en that does not meet the requirements listed above will be considered [MPROI'ER If an improper notice is given, the . Resident(s) Will be responSiblc for paying rent and expenses for the apartment for the remainder of the lease to include the proper notice period or until the apartment is successfully rerented. A failure to give proper notice of termination will result in a rerental charge of $300 to the Restdentts) in addition to any consequential damags. c) Owner and / or Management shall give Resident(s) TWO FULL CALENDAR MONTHS notice of any changes in the lease terms. If the ReSident(s) terminates the Lease Agreement prior to the end of the term, tenant shall be subject to the re-rental charge of $3()0 and the Residenus) shall still be liable for the monthly rent for the premises until the end of the lease term or until the premises has been successfully rerented. whichever occurs first. Resident(s) will be required to reimburse any and all incentives that were given to ReSident(s) to rent the premises. At the termination of the lease agreement, Tenants shall perform a proper check out and provide Management With a forwarding address. x 1337? J. Richardson Bryan 3.4 VACATING Tenant agrees to vacate the premises on or before 12:00 noon of the termination date of this lease or any renewal. If Tenant fails to vacate on or before the required date, Tenant shall be liable to Management for all losses incurred by Management Upon vacation, Tenant agrees to leai'e the premises in their condition at the mmmencement of the tenancy except for the ordinary wear and tear. If the premises are left in a condition that make the premises unrentable or unfit for occupancy due to Tenant damage or failure to adequately clean the premises, Tenant shall be liable for all rent until such time as the premises are fit for occupancy. 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM Cleaning You mus' thoroughly' clean the umt, includlng doors, windows, furniture, bathrooms, kitchen appliances, panos, balconies, garages, carporls, and srorage rooms. 1f you don't clean adequately, you'll be liable for reasonable cleaning charges. Carpets All carpets must be cleaned b)' an approved professional carpet cleaning servrce when vacating the premises. The carpet cleaning service musi use a "truck mounted" cleaning system. Tenant mus! present a receipl for this serv1ce. Tenant my elect to have Management handle the carpet cleaning with cost taken out of the Tenants Security Deposit prior to any Security Deposrt being returned. Charges You'll be liable for the followmg charges, if applicable: unpaid rent; unpaid utilities; unreimbursed service charges; repairs or other damages, excluding ordinary wear and tear; replacement cost of our property that was in or attached t0 the apartment and is missrng; unretumed keys; missrng or bumed-out light bulbs; removmg or rekeying unauthorized security devrces or alarm systems; agreed reletting charges; pricking, removrng, or storing property removed or stored; removing illegally parked vehicles; animal-related charges; government fees or fines against us for Violation (by you, your occupant, or guest) of local ordinances relating to smoke detectors, false alarms, recycling, or other matters; late-payment and retumed-check charges, plus attorney's fees, court cosb, and filing fees actually paid; and other sums due under this Lease Agreement. Deposit Refund We'll mail it to you at your last known address your security-deposit refund (less lawful deductions) and an itenuzed accounting of any deductions no later than 30 (thirty) days after the Lease Contract termination and delivery of possession to us. 3.5 RULES AND POLICIES From time ot time, Management may attach and incorporate by reference rules for the property, as well as addendums to this lease, including, without limitation, a Drug Free Crime Free Housing Addendum, and Smoke Free Property Addendum. Any violation of those rules, policies and addendums shall constitute a Violation of this lease. 3.6 SUBLETTING AND ASSIGNMENT Tenant may not assiyi this lease or sublet or grant a license to use the premises to any other person without the prior written consent of Management 3.7 ABANDONMENT OR SURRENDER OF THE PREMISES BEFORE THE TERMINATION OF THIS LEASE Tenant understands that he or she is responsible for paying the full rent each month for the duration of this agreement and any extensions or renewals. Tenant is responsible for all losses of rent or any other losses or costs caused by Tenants premature abandonment or surrender of the premises. No surrender of the premises by the Tenant will be considered accepted by Management without written consent by Management and will not be construed as waiving Management's right to seek remedies under this agreement or pursuant to applicable law. 3.8 ABANDONED PERSONAL PROPERTY If the Tenant abandons personal property on the premises, Management shall store such abandoned personal property for a period not to exceed 30 days from the date that the lease terminated . After that date, Management may sell or otherwise dispose of the abandoned property. Tenant is responsible for all storage and moving expenses. Tenant releases Management from any claims that my arise out of storage or dispOSition of said property. 3.9 SMOKE ALARMS Tenant agrees to be responSible for the upkeep. operation and maintenance of all smoke alarms, smoke detectors and carbon monoxide systems with in the umt. The battery for the smoke alarm must be checked. Disconnecting any smoke alami or carbon monoxide alarm Will result in $50 fine to the Tenant. You Will be liable to others and us for any loss, damage, or fines from fire, smoke or water if that condition arises from disabling or damaging the smoke detector or from your failure to replace a non working battery or report malfunctions to us. 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM By initialing below, you acknowledge and agree to the terms in Section 3. x 337% J. Richardson Bryan 4. General Clauses 4.1 POLICIES AND RULES Tenant and all guest and occupants must comply with any written poliqes or rules, including instructions for care of our property' Any rules are considered part of this lease agreement' We may make reasonable changes to written rules, effective immediately if distributed and applicable to all umts in the community. 4.2 ATTORNEY'S FEES Tenant agrees to pay all court costs and attorney's fees incurred by Management in enforcing any of its rights under this teaser 4.3 EVICTION A Violation of any term of this lease may result in eviction. If Management excuses a speCific violation of a particular section of this lease, such waiver is not deemed to be a waiver regarding any subsequent smular Violation, or Violation of any other sectiiin of the lease If Tenant lS evicted my Management, whether or not Management obtains a court judgment to enforce the eviction notice, Tenant agrees to continue paying the full amount of the rent for the full remaining term of this lease, or until the premises is re-rented, whichever comt's sooner 4.4 LEAD WARNING STATEMENT Ex ery' Tenant of any' interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing Ieatl pmsoning lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behaVioral problems and impaired memory. Lead pmsoning also poses a particular risk to pregnant woman The Landlord of any' interest in residential real property is required to prOVide the Tenant With any information on lead-based paint hazards from risk assessments or inspectmns in the Landlord's posse55ion and notify the Tenant of any knou'n lead-based paint hazards. A risk assessment or inspection for posable lead- based paint hazards is reconunended prior tti lease, 4.5 FAIR HOUSING All Tenants shallbe treated fairly and equally without regard to race, color, religion, national origin, marital status, age, sex, family status. handicap or status With respect to public assistance. 4.6 MILITARY PERSONNEL CLAUSE Tenant may terminate the Lease Agreement if you enlist or are drafted or commissioned and on active duty in the Armed Forces of the United States. You must give Management written notice of termination, 30 (Thirty) day's prior to the termmation date You must prcwide us proof that you qualif)' for this limited exception. Being recalled to Active Duty also qualifies for this exception 4.7 ENTIRE AGREEMENT "this lease contairis the entire agreement between the parties No changes shall be made to this lease unless in writing and signi'd by all parties 6 . 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM By lnmalmg below, you acknowledge and agree to the terms In Sectlon 4, x BEER J. Richardson Bryan 7 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM 360 Properties, LLC 325 7th Street South - Surte 100 - Fargo. ND 58103 (701) 526-4600 5. Drug Free and Crime Free Housing 5.1 DRUG-FREE AND CRIME FREE HOUSING as follows: ln consideratmn of the execution or renewal of a lease of the dwelling unit identified in the lease, Tenant agrees control shall not engage in criminal actiVity, 1 Tenant, any member of the tenant's household or a guest or a person under the tenant's criminal on or near the said premises. "Drug related criminal activity" means the Illegal manufacture, sale, including drug-relatt'd actiVity, substance (as defined in Section 102 of the distribution, use, or possession With intent to manufacture, sell distribute, or use of a controlled Controlled Substance Act [21 U.S.C.802]) the tenant's control shall not engage in any act intended 2. Tenant, any member of the tenant's household or a guest or other person under the said premises. to facxlitate criminal activity, including drug-related criminal activity on or near or to facilities criminal actiVity, including drug- 3. Tenant or members of the household will not permit the dwelling unit to be used for related criminal actJVIty, regardless of whether the individual engaging in such actiVIty is as a member of the household or a guest or a guest or other person under the tenant's control shall not engage in the manufacture, 4. Tenant, any member of the tenant's household, sale, or distribution of illegal drugs in any locations, whether on or near the dwelling unit premises or otherwise. under the tenant's control shall not engage in acts of violence 5. Tenant, any member of the tenant's household, of a guest or other person the unlawful discharge of firearms, on or near the dwelling unit or threats of Violence or threats of Violence, including but not IimHed to premises. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR 6 A violation of of the of this added addendum shall be deemed a serious Violation and TERMINATION OF TENANCY, single any provisions of the lease. shall be good cause for termination material noncompliance With the lease, It is understood and agreed that a single Violation of the Violation shall not require criminal conviction, but shall be preponderance of the ecidence Unless otherWise proVided by law, proof the provisions of the addendum shall 7. ln cas of conflict between the prOVisions of this addendum and any other provisions of the lease, govem, and Tenant, 8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between Owner to the terms in Section 5. B)" Signing below, you acknowledge and agree X 13W 36mph 'Ridiwidrow Lessee IP Address. 24.116.166.32 08/12/2022 08,41am CDT 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM 360 Properties. LLC 325 7th Street South ~ Smie 100 - Fargo, ND 58103 (701) 526-4600 6. Pest Addendum 6.1 PEST ADDENDUM ln Consideration of the execution or renewal of the dwelling unit identified in the lease, Resident agrees as follows: Residens represent and warrant that all furnishings and personal property that Will be moved into the premises are free of all pests. RCSidenb agree to prevent and control possible infestation by adhering to the below: 1 Resident shall use reasonable diligence in caring for the residence and shall maintain the umt in a clean and sanitary condition. Resident shall keep the unit free from pests of any' kind and conditions that might permit or encourage an infestation of pests Examples of pests includt' but are not limited to bedbugs, mice, roaches and ants. in addition, Resident shall be liable to pay all costs incurred by Management to mterminate and treat and pest infestation in the resident's unit as well as all other costs incurred by Management to treat other units or common areas to the extent attributable to Resident's failure to keep the unit free from pests. 2 Check for pests, espeCially but not limited to bedbugs, prior to bringing belongings into the unit. If you stay in a hotel or another home, mspect your clothing, luggage, shoes and personal belongings for Signs of pests before reentering your apartment building. 3.Resident shall report any suspected pest problems immediately to Management. Not reporting immediately can cause a few pests to multiply' and spread to other units. 4 ReSident Will cooperate With pest control efforts If your unit or neighboring unit is infested, a pest management professional may be necessary Your unit must be properly' prepared for treatment. ReSident must comply with all recommendations and requests from the pest control company prior to professional trea tment, 5 Recommendation for bedbugs may include, but are not limited to: i. Bagging and remov ing items to be cleaned off-site. ii. Washing all soft items in hot water and drying on high heat setting for a minimum of .5 hour. All items must be bagged prior to leavmg the apartment and bags must be disposed of in an outside trash bin. iii Bagging and disposal of any infested items, including, but not limited to mattresses, box springs and sofas. All disposal of items must be enclosed in plastic or large garbage bags to prevent dropping of bugs and eggs on their way to the outdoor trash site. iv. Movmg all belongings several feet from the wall. v Emptying dressers, closets and cabinets. Removing all itenis from floor, bagging of belongings. vi. Vacating home for a period of up to lo hours. i'ii. Vacuuming all floors and furniture, including mattress and box springs. Immediately disposing of vacuum cleaner debris in a lightly sealed bag to the outside trash container. 6. Recommendation for roaches, mice and other pests may, include, but are not limited to: i. Emptying all cabinets and nipboards. ii. Permanently removing excessii'e clutter, including bags and boxes from re5idence. iu. Sealing of dry food goods in airtight containers. 7. Resident acknowledgcs that proper preparation is a mandatory requirement for control to be effectix'e. Resident acknowledges that all preparation is the responSIbility of the ReSIdent. Resxdent further acknowledges that preparation must be completed by the timeline set my Management 8 Resident agrees that if the unit becomes infested With pests, Management may use all reasonable methods determined by Management to be appropnate to eradicate the pests. 9 Resident agrc-L-s to indemnify and hold Management harmless from any achons, claims, losses, damages and expenses including, but not limited to, attorney's fees that Management might incur as a result of any pest issue prOXimately caused by Resident. 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM 10 I! Is mprcssly auknowlcdgcd that Hana gcmcnt shali not be hablc for an) loss of personal mfcmmun RL-sxdcnt agrecs to property to the Rnxdcm as a rcsul: of a pm? (arr)' rcntcr 5 Insurance to never smh Imyn By sigmng below, the underslgncd Raldunfls) agn-e and arknnwlcdgc hawng read and understtxyd thJs addendum By slgmng below; you acknowledgc and agree to the terms In Section 6. X 13W Joseph 'Richwzdwn Lessee IP Address 2411616632 08/12/2022 08:41am CDT 0 14-CV-24-2388 Filed in District Court State of Minnesota 7/9/2024 4:13 PM 360 Properties, LLC 325 7th Street South - Surte 100 ' Fargo, ND 58103 (701) 5264600 7. Policies and Procedures 7.1 THANK YOU FOR RENTING WITH US Fmm experience in Property Management, we have found that the following policies and procedures are necessary to insure' 1) maximum enioyment, privacy and safety of all residents. 2) To preserve the character and maintenance of the and grounds. 3) To develop a poSitive and building enduring relationship between the ReSidents and Management. 7.2 RULES AND POLICIES 1. Rent is due and payable to Owner or Management on or before THE FIRST DAY OF EACH MONTH and shall be money' order or through Management's ACH paid With a check/ program; no cash please. if rent is not received by the fifth day of the month by 5pm you shall be in default. You must pay a $50.00 late fee for any rent received after the 5th along with an additional $25.00 on the 10th and an additional $25.00 on the 15th this 5 day "grace" period includes mail time, and weekends. holidays, 2. All Residents and their guests are expected to conduct themselves in a manner befitting respectable livtng. Public intoxication, loud boisterous parties or disorderly conduct could lead to eviction. Resrdents are responsible for all members of the household and for their guest's actions 3. Please do not run, eat or lotter in common areas. All common areas are considered smoke free. 4. Show conSideration for your neighbors With regards to: loud televisions, radios, or stereos. The volume should be set at a reasonable leV'el. 5. DO NOT give out keys to friends, relatives, etc. if the persons name is not on the lease, they should not get a key. Failure to follow this policy is a breach of building security and my be grounds for immediate eviction. 6. Fire department regulations require all sidewalks, comdors, walls, passages, stairways and common storage areas to be kept free of all personal belongings. No explosive, noxious, or illegal substances are permitted to be kept by a tenant in the apartment or on the prermses. Use of guns on the premises is prohibited. 7. Residents must dispose of garbage, trash and other waste matter in plastic bags and placed inside garbage receptacles. Garbage is not to be left on porches, hallways, laundry rooms, or balconies or the like. 8. Resxdents must maintain patios and balconies in such a manner that will be in keeping with the décor of the community. Clothing, rugs, mops, trash, bicycles toys and other articles shall not be stomd on the balconies or patios. When cleaning balconies, avoid sweeping over the sides onto another balcony. This is also the ruling when shaking mops or The use of charcoal rugs any grills and deep fat fryers are prohibited at all times. Do not allow grills near any combustible material. Grills should not be stored in your apartment or used in your garage. if a gas grill is to be used, tenant must carry renters insurance to pay for any damage it may cause to the building. 9. it is permissible for you to hang pictures, minors, etc. on the walls of your apartment providing you use small nails or removable adheswe type hooks Large nails, screws, bolts etc. will not be permitted. Written Management approval is required prior to installing a wall mounted teleVision. 10. For your convenience, coin operated washers and dryers may be on the premises. it is not