The purpose of this handbook and set of house rules is to familiarize you with your new home and surroundings, to help you understand more clearly your responsibilities as a Resident, and to explain what you can expect from our staff at Thies amp; Talle Management, Inc. Please read this handbook and the house rules carefully and keep it available for easy reference when you are in doubt about policies. Non-compliance with these rules may result in you owing additional amounts to Management and may be grounds for termination of your lease agreement.
Different apartment and townhome communities have different facilities and amenities. Additional rules and policies may be posted by Management in community rooms, laundry areas, or other common areas. These rules may be changed from time to time and must, where they apply, be followed.
Thies & Talle Management, Inc. is the Management agent for the owners and is authorized to accept service of process and to receive and give receipts for notices and demands. Our staff is experienced and able to help you with any problem that may arise in your home. Please feel free to stop by the office for a visit or call if you have any questions.
MOVING IN
RENT PAYMENT
Rent is due on or before the first day of each month. No future-dated checks will be accepted. However, we are willing to set up an automatic withdrawal from your bank account to pay your rent on a specific date either on a one-time or on a repeating monthly basis.
Please make the check or money order payable to the name of your apartment community and insert into the rent deposit box or give to appropriate office personnel. Credit cards and online payments are also accepted, as well as automated bank debits. To ensure proper credit, make sure your apartment number is indicated on the check. Rents mailed in should be sent to the office address and mailed at least three business days in advance to insure timely payment.
Rents not received in the rent deposit box by 5:00 p.m. on the 5th of the month will be considered late and late fees will be charged accordingly. ALL payments made after the 10th MUST be by cashier’s check, money order or credit card ONLY.
By paying your rent by check, please be aware that you are authorizing the property to use the information on your check to make a one-time electronic payment from your checking account. The electronic payment will be for the amount indicated on your check and may be withdrawn from your bank account as soon as the same day the payment is received. Please note that your check will not be returned by the financial institution but will instead appear under the “electronic items” section on your bank statement. If you have any questions, or choose not to have your check converted into an electronic document, please contact the Management office.
If your check is returned from the bank, or dishonored for any reason, the standard late fee provided in your lease will be added to your account. You will also be charged a service fee of $30.00, unless otherwise stated in your lease. If any household has two (2) returned checks during the course of residency, all payments from there forward must be made by cashier’s check, money order or credit card form only. Many of our properties also accept rent payments through an online portal called LOFT which can be accessed as an app on mobile phones. Those payments will be processed immediately and we encourage residents to enroll in the online payment portals when they are available. Please let your property manager know if you need any help using the online payment portal if it is available at your property.
YOUR LEASE
The lease is a contract obligating all parties to the terms and conditions listed. On the day you and Management sign your lease, you are given a copy. Please read through it carefully and ask the Management staff about anything that you do not understand. This handbook along with all other addendums are considered part of your lease. Please note that you are required to give advance written notice to vacate equal to the “Notice Period” stated on the first page of your lease. You cannot just move, even when the initial term of your lease ends, without giving proper written notice.
MOVING IN
Individuals moving personal property into the building must do so between the hours of 8:00 a.m. and 8:00 p.m. Controlled access doors are not to be propped open. Building entry doors, and interior fire doors, may not be left open unless there is a responsible person actively monitoring the door. Doors are to be kept closed when not in actual use for moving to prevent access by pets, rodents, animals, and waste of building utilities. Violators will be charged a $25.00 violation fee, unless otherwise stated in your lease. Vehicles and carts or moving dollies may not be parked or moved across the grounds. Any damage done to building grounds by moving equipment, or any vehicle, will be charged to you and this is a violation of your lease.
OCCUPANCY
Individuals, other than those named on your lease, that are living or regularly staying at your unit are prohibited. This is a violation of your lease. Residents may not regularly allow other persons to use their apartment or receive mail, packages, or other items without Management’s prior written consent. To comply with Thies & Talle’s occupancy policy, guests may not stay longer than three days within any 10-day period. If you expect to have guests stay with you longer, you must notify the office and get prior approval.
Your lease prohibits any business use and any subletting. Residents are expected to have guests that are social and familial acquaintances, but no sharing, barter or subletting of the apartment (no Airbnb or similar) for any consideration is permitted. Evidence that mail or any package has been received at the property by a person not named as an authorized Resident or occupant on your lease is a breach of your lease. Management reserves the right to give any mail or package carrier direction to refuse to provide delivery service to any recipient name that is not an authorized Resident or approved guest or occupant. Only persons identified as Residents on the lease shall be issued certificates of rent paid per Minnesota statutes. If there will be a change in your household, please notify the office before the change occurs. Children born, adopted, or placed with your household during the lease term should be added to your lease. Please notify Management of any additional person, including newborn children.
If one member of a household wishes to move, you must notify the office for approval and must obtain Management’s consent before any Resident may be released from liability under the lease. Consent shall be in Management’s sole discretion and may require any remaining Resident(s), or proposed new roommates to be screened and approved. If the household is in good standing, and any remaining Residents have sufficient income and credit to qualify as the remaining Resident(s) to be approved as the lease holder(s) without the credit and income of the departing roommate, the departing roommate may be released from the lease. However, a Release of Liability and Security Deposit form must be completed prior to a roommate moving off the premises. This form must be signed and dated by all roommates. Potential new roommates are required to complete our standard application process and be approved by Management PRIOR to moving into the apartment. If one member of the household moves but others remain, the security deposit will stay with the unit until the lease terminates and the unit is vacated. Roommates agreeing to household changes or the departure of a roommate are expected to make arrangements, at the time the roommate moves, to handle the security deposit amongst themselves. Management is never obligated to return, or account for deductions from, the deposit until the Lease is terminated with proper notice and the unit has been vacated with all personal property removed, keys and access materials given to Management along with forwarding address information.
MOVE-IN INSPECTION REPORT
In accordance with Minn. Stat. §504B.182 within 14 days of occupying the unit, Resident has the option to request an initial inspection of the unit. If inspection is requested, it will be scheduled at a mutually agreeable time. At move-in Resident will be provided with a Move-In/Move-Out Inventory and Condition form. If Resident does not request an inspection, the Move-In/Move-Out Inventory and Condition form may be returned to show any damages or deficiencies in the Apartment. Failure to return the form within five business days of taking possession, or to request and schedule an inspection, shall be deemed conclusive evidence that the Apartment was received in good condition with no damages or deficiencies. After notification of the intent to terminate the lease, Resident may request a move-out inspection, and Management will make move-out inspection of the premises, to occur no sooner than five days before the termination or end of the lease or the day the Resident plans to vacate. The Move-In/Move-Out Inventory and Condition form will be used at that time to document conditions in the Apartment. The approval by any one Resident as to condition of the Apartment at move-in or move-out may be relied upon by Management as constituting the approval and agreement of all Residents who signed the Lease. Resident’s notation of deficiencies or conditions on the Move-In/Move-Out Inventory and Condition Form are not considered a work order, repair request, or request for service. If there are any conditions in the unit that require repair or service, Resident shall contact Management to submit a work order/service request. Resident agrees to surrender the Apartment in the same condition as when it was received, ordinary wear and tear accepted. At move-out, Management will inspect the unit utilizing the original Move-In/Move-Out Inventory and Condition Form for purposes of determining conditions and potential charges to the Security Deposit.
SECURITY DISCLAIMER
Management does not provide, guarantee, or warrant security. Management does not represent that your unit or the rental community is safe from criminal or wrongful activities by other Residents or third parties. Residents are responsible for their own personal security and that of their household, children, and property. If you observe any suspicious activity or potentially unsafe conditions, please notify Management. If illegal, immediately dangerous or unsafe conditions are observed, or if a potential crime is suspected, call 911 first.
CONTROLLED ACCESS AND SAFETY
Because safety is an important aspect of rental housing, all Residents are expected to exercise common sense in and about the premises. Post local police and fire department numbers, as well as other emergency medical numbers, near your telephone and familiarize members of your household and your family with the safety features of the premises and the location to go for severe weather warnings.
Residents are required to keep individual unit doors closed and doors should be locked at all times. Never open the door to your apartment to any person you do not know. Some units have sliding glass doors on patios and balconies. These doors may be equipped with sliding screens. The screen is for ventilation, and to prevent pests from entering the unit. The screen in most units will not lock and is not designed or intended to prevent a wrongdoer from entering the apartment. Patio and balcony doors should be locked and secure whenever you leave the unit and should not be left open or unattended when not in use.
Most of the properties operated by Thies and Talle Management have a controlled access door system. It is prohibited to give any person who is not an authorized Resident on your lease, or an approved authorized occupant, a key or access materials to the building or your apartment. When coming and going from the building, do not allow any person access to the building with you. Even persons you might recognize as guests of another household might not be welcome guests on any given day. If you are uncomfortable stopping or preventing a person from following you into the building, please notify Management as promptly as possible after the entry occurs.
Some of our properties have an electronic key FOB (Frequency Operated Button) system that residents can use to access the main entry doors instead of using keys. If Management finds evidence that a key FOB has been used by an unauthorized person other than the resident, Management will disable the access for that key FOB.
RENTER’S INSURANCE
The insurance maintained by Management or ownership on the property does not cover any loss or injury to Resident, Resident’ personal property, or moving costs or interruption in use should any accident or casualty make the apartment permanently or temporarily uninhabitable. Resident is put on notice that it is Resident’s sole responsibility to obtain renter’s insurance to protect Resident’s property and to protect Resident in the event there is any interruption of use of the apartment due to any accident, casualty, or other condition that makes the apartment uninhabitable for a brief or extended period of time or results in termination of lease. Management will not pay Resident any relocation costs, or pay for temporary lodging, due to any interruption of use or early termination of lease.
Residents are responsible for damages caused to the apartment, and other portions of the rental property including common areas or other units, that are caused by Resident, Resident’s household members, animals, guests, or personal property. Resident is strongly advised to obtain a liability insurance policy to protect Resident against claims for loss, damages, or injuries that might be due to any act or omission of Resident or other conduct at the property, or other persons. For example, if Resident has an animal that causes damages or bites a neighbor, Resident will be responsible for damages caused by the animal. Residents that allow a tub to overflow, have a cooking fire, or overload an outlet or use defective cords, that result in fire or damage, will be responsible for the damages they cause to the building owner, other Residents, and potentially Management’s insurance carrier. With current insurance markets, many owners carry high deductibles and residents that cause damage at the property, may face claims from the building owner for the full amount of any deductible. There may be circumstances where Management chooses not to file a claim, and Resident will be responsible for the damages caused by Resident.
A renter’s insurance policy with liability coverage may protect Resident against such claims by Management or other residents. Management reserves the right to require renter’s insurance, and a liability policy, in such coverages in amounts as Management may deem advisable during the term of the lease.
NOTE: Residents with waterbeds must provide a copy of their insurance policy naming the apartment community as an additional insured.
SATELLITE DISH REGULATIONS
The Federal Communications Commission (FCC) has issued a ruling that permits residents of residential rental communities to install certain satellite dishes or antennae under limited circumstances. Such installations may only take place in accordance with the following rules and the prior written consent of Management. To obtain consent, Resident must furnish Management with proof of liability insurance, execute an Indemnity Agreement to hold Management harmless from any injury or damages caused by Resident’s installation or ownership of such equipment, and pay an additional security deposit. In the event that the FCC regulation is found invalid, repealed, is amended, withdrawn, or other circumstance or amenities are offered in the building where the private ownership of satellite dishes or antennae is not required, Management reserves the right to prohibit the installation of certain antennae and satellite dishes and to revoke these rules.
- Resident Must Sign Indemnity Agreement and Provide Proof of Insurance. The installation of any antenna or satellite dish equipment requires Management’s prior consent. To obtain such consent, you must provide proof to Management that the location and method of installation of the equipment will comply with these rules, that you have obtained liability insurance to cover you and Management in the event that the installation or ownership of your equipment or dish results in any injury or damage to any person or the property. Adequate proof of the purchase and coverages of such liability insurance is required before Management will sign the Consent and Indemnity Agreement. The Agreement contains a promise and acknowledgment by you to hold Management harmless against any loss or damages that arise from your installation or ownership of the equipment, to provide Management with proof of insurance when requested from time to time, and to pay any damages, including attorneys’ fees and defense costs, of any claims arising from your installation and ownership of such equipment. Installation of any antenna or satellite dish without Management’s execution of the Consent and Indemnity Agreement is a breach of your lease and Management has the right to remove, without any prior notice to Resident, any equipment installed contrary to these rules.
- Location of Installations. Any antenna or satellite dish may only be installed on premises controlled exclusively by you and you may not make holes or damage any part of the premises. You may not install any equipment on any common area, on the roof, or attach it to any outside wall, outside window sill, common area balcony or stairway. For liability purposes, antennae and dishes may not be attached to any balcony or stairway, even they are part of your apartment premises. No portion of any antenna or dish may extend beyond the outside line of your space. You may install an antenna or dish entirely inside your unit, but no holes or drilling into any part of the premises will be permitted. Residents should be aware that units that do not have unimpeded southern exposure may not be suitable for receiving broadcast signals. For aesthetic purposes, Management may require reasonable screening of any satellite dish or antenna by plants, etc., so long as it does not impair reception. No installation may be placed in an area where it obstructs or otherwise inhibits the rights of other Residents respecting the enjoyment of the property including their view of common areas, landscaping, etc. The location of any installation, and its impact on other Residents, must be reviewed and approved in advance by Management. Resident, or Resident’s professional installer, must identify to Management, and obtain written approval in advance, of the final placement for the equipment.
- Size of Equipment. You may not install any satellite dish larger than one meter (three feet, three inches), measured across its widest part. Installation of any other antenna or equipment is subject to Management’s prior approval.
- Installation and Mounting of Equipment. You may not install any antenna equipment or satellite dish yourself. It must be professionally installed in such a manner that it cannot become dislodged, cannot extend beyond your premises, and does not create any holes or damage in the premises. You may not hang a dish or other equipment outside of your window. You may not have wires or cable impeding or damaging any weather stripping or causing openings in any window or door such that utilities paid for by Management are wasted. Before Management will accept and countersign the Consent and Indemnity Agreement, you and/or your installer must identify for Management, or Management’s maintenance technician, the location of the installation and the manner of the installation to obtain prior approval of the location and manner of installation. Management will not sign the Consent and Indemnity Agreement if the location and manner of installation are not done as promised.
- Maintenance, Removal, and Responsibility for Equipment. Resident is responsible for all maintenance, upkeep, and any damages to any person or property caused by any installation or equipment resulting from any cause or casualty, including but not limited to actions by third persons or weather. Management shall have the right, at any time upon thirty (30) days notice, to require Resident to remove the installation at Resident’s sole cost for purposes of Management repainting, redesigning, or restructuring of any portion of the premises. Management shall have the right, at any time, to install new landscaping, or change existing landscaping, even if such installation or changes interferes with Resident's installation, prevents reception or requires Resident’s temporary or permanent removal of the installation. Management shall further have the right to redesign or reconfigure the premises, and may require Resident’s removal of the equipment for such purposes. All removal shall be done at Resident’s sole expense by a qualified professional. A failure by Resident to remove the equipment for one of the purposes stated herein shall give Management the right to remove the equipment and charge Resident therefore. No reinstallation may take place without otherwise complying with these rules and with the Consent and Indemnity Agreement.
- Breach of Rules. Any installation of equipment in violation of these rules, and without a prior agreement and consent from Management, is a breach of your lease and grounds for termination of your tenancy. Residents are responsible for any and all damages caused by their installation or ownership of any equipment or dishes, including waste of utilities and Management’s costs in enforcing these rules and its agreements.
TELEPHONE/ENTRYWAY SYSTEM (If Applicable)
Upon installation of your telephone, please inform the office of your new telephone number so that it can be programmed into the entry system. Management does not warrant that any building entry system will be compatible with the individual phone or service that any Resident may have.
Except where required by law, names of Residents will not be released to anyone without specific instructions to Management. Although we do not wish to be inhospitable, we cannot assume the responsibility of determining at face value who would or would not be welcomed by a Resident.
Instructions for using the entryway system were included in your move-in packet. Please let our office staff know if you require an additional copy.
KEYS AND LOCKS
Keys and/or FOBs to the entrance door, apartment, storage locker (if applicable), and mailbox, as well as any parking/garage access items, will be distributed to the Resident. All keys are to be returned to the office upon vacating the apartment. There will be a minimum charge at Management’s then applicable rate for each item not returned or reported lost or stolen, unless otherwise stated in your lease. Building and apartment keys may not be duplicated, given or used by non-leaseholders or persons not previously approved, in writing, by Management for authorized access. If you need an additional copy of a key for another reason, please contact the Management office.
State and local fire codes prohibit the installation of separate keyed locking devices on apartment entry doors other than those that are approved/installed by the Management staff. Residents are not permitted to alter any lock or other attachments (chains or bolts) on the door or mailbox. No alarm, security, or home monitoring system may be installed or used without Management’s prior advance consent. For privacy purposes, Management does not allow any Resident to install any camera or similar recording device in a way that would monitor or record any common area. Cameras that are strictly for recording activity in the unit (i.e. nanny cams), and are not connected to any alarm, security, or monitoring service that would bring third-parties or first responders to the building, are permitted.
PACKAGES
As a courtesy, Management may accept mail or packages on the Resident’s behalf in the office. The Resident will be informed of any packages and must pick them up within 48 hours of notification. Management is not responsible for any lost or damaged packages or failure to give Resident notice of package arrival.
Residents are warned and advised that any valuable or confidential mail or package, high value item, confidential financial or medical information, prescription drugs, or similar mail or parcel you expect to be delivered to you should be sent with strict instructions by you to not be delivered unless you can personally receive and sign for the mail or package. Management is not responsible or liable for any delivery of mail or packages left by the USPS, any carrier service, or otherwise in the Management office. Many properties operated by Management may not be able to handle large volumes of deliveries or packages, or to accommodate deliveries of merchandise, groceries, or other deliveries. Management may, in its sole discretion, limit, restrict, or prohibit any delivery of mail, packages, or merchandise if the deliveries are excessive, large, heavy, or otherwise burdensome to Management staff, whether on an individual basis or community-wide basis. Management may, in its sole discretion, prohibit any Resident from receiving mail, packages, or deliveries, at the rental premises that appear to relate to any business, including home-based businesses, or packages that are not delivered in the name of the Resident, or are learned to be addressed to the Resident but received on behalf of a non-Resident.
NOTICES
All Residents agree that notices and demands delivered by Management to the Apartment or mailed to the Apartment are proper notice to all Residents. Resident further agrees, and consents, to receive notices by email, text or through the LOFT online portal. It shall be Resident’s responsibility to provide Management with a valid, and regularly monitored, email address for each adult Resident named on this lease. If each adult Resident does not have an email, or mobile number, Resident agrees that an email address or text number for one Resident shall be the notice address for all Residents unless Management consents and agrees to a different form for giving notice. Residents are responsible for routinely monitoring emails, texts or notices sent through the LOFT online portal from Management and to give prompt notice to Management of any change in email address or cell phone number. Any notice to be given by Resident to Management shall be given in writing and delivered or mailed to the address of Management on the first page of the lease.
FAIR HOUSING AND ACCOMMODATIONS
Management is committed to being an equal opportunity housing provider. Management believes all Residents, potential residents, and applicants should be protected from discrimination in housing on the basis of race, color, ancestry, sex, gender identity, religion, creed, national origin, marital status, familial status, status with regard to receipt of public assistance, disability, and affectional preference. Any additional protected class that is protected by laws or ordinances of the community where the property is located are also laws and nondiscriminatory practices that will be adhered to by Management.
Management will make reasonable accommodations in its rules, policies, procedures and services where an applicant or Resident with a disability or a disability-related need for an accommodation and the accommodation is reasonable and not an undue burden. When a disability or need is not obvious, Management will require third-party verification of disability and need from a reliable health care or social service professional with actual knowledge of the requesting individual. Reasonable modifications will be permitted, as required by applicable law, or any HUD housing program subject to reasonable approval and construction requirements. For market rate and tax credit properties, reasonable modifications, where approved, are at the expense of the resident. Any act or practice believed to constitute discrimination should be reported to Management. Management will promptly investigate such reports and will take immediate action to eliminate any act or practice that violates the fair housing laws.
EMERGENCY MAINTENANCE RESPONSE
MAINTENANCE AFTER HOURS
We have staff available to respond to emergency maintenance issues after our Management offices are closed. If you call the office phone number, you can either be transferred to an answering service or the voicemail recording will give you a number to call for assistance.
Lack of any working toilet, loss of heat in the winter, a non-cooling refrigerator, a non-functioning smoke detector or any active water leak will be considered an emergency that needs to be responded to after hours. Residents requesting after hours, emergency, maintenance are expected to be available and to assist our on-call staff with troubleshooting and potentially taking steps to mitigate any damaging condition, such as turning off water valves, or answering questions so that the after hours on-call service can determine how to staff and respond to an afterhours call. For example, some calls may require Management to contact a third-party vendor or service to handle or assist with a repair.
Regular maintenance requests can also be submitted after hours either through the Resident portal (if available at your property), speaking to the answering service (if available at your property) or leaving a message on the Management office voicemail.
To report a fire or life-threatening condition or injury, please dial 911. In the event of the smell of gas, leave the premises, call 911, the gas company, and Management.
AFTER HOURS LOCKOUTS
Resident(s) who require lockout assistance after regular office hours will be charged Management’s then applicable lock out fee that is due with the following month’s rent, unless otherwise stated in your lease.
For identity verification, our staff may require current photo identification listing your apartment as your permanent address before giving access to the apartment. At some properties, and some locations, Management may not offer or provide after hours lockout assistance and Resident may be required, at Resident’s sole expense, to contact a locksmith to request and gain entry to the unit afterhours, or on holidays and weekends.
AFTER HOURS NOISE OR DISTURBANCE COMPLAINTS
Residents are encouraged to handle complaints about noise or other disturbances between themselves. However, when Resident communication breaks down, please notify Management while the noise or disturbance is occurring (or leave a message if it is after hours). If the noise or disturbance is extremely loud, does not cease, or is of an emergency nature, please contact the police and also leave a voicemail with the office so that we may follow up the next business day. Your name, telephone and apartment numbers must be provided so the on-call person can contact you directly for more information.
FIRE SAFETY
If you see or smell smoke, immediately call 911. Please respond to all alarms. Access permitting, you can determine the urgency of the situation by going to the front lobby.
SEVERE WEATHER
In the event of severe weather, Residents may seek shelter in the underground garage, if available. Do not go to a common area that has a large number of windows!
In the event of a power loss, the back-up lighting is only good for approximately 30 minutes. It is advisable to carry a flashlight and a radio with you.
GENERAL BUILDING RULES
SAFETY AND COMMON AREAS
This building is only as safe as you make it. Close and lock your doors at all times. Outside doors to the building and garage must remain closed and secure. Any patio or balcony door should be kept locked and secured when you are in the unit unless the patio or balcony is in use. Patio doors are not designed or intended to be used in lieu of building or apartment entrance doors. Patio doors should always be secured and locked when you are not home and/or are not using the patio or balcony. Do not allow strangers or Residents’ guests access to the building while you are entering or leaving the building. If you see any activity or loitering that looks suspicious, please contact the office, the police, or call 911 at once.
Bicycles, toys and other personal property must not be left on the grass, sidewalks, and stairways, or in the hallways. Any bike or other riding item, such as a scooter, equipped with an electric battery or system that would allow the riding item to be operated faster than normal human pedal speed, must not be ridden on any sidewalk or in any parking lot, parking area, or garage area and may not be stored in any apartment or indoor area of the rental community. Because of the risk of fire from electronic batteries, storage in any indoor area is strictly prohibited. Individual communities may or may not permit the storage or parking of e-bikes or scooters in any freestanding or community garage. Check with local site rules for any limits or requirements for storage of e-bikes or scooters. Building and fire codes prohibit leaving any personal property, including items like rugs, boot trays, or shoes, in common area hallways. Management is not responsible for any lost, stolen or broken items..
It is not acceptable to loiter, or to obstruct sidewalks, stairways, hallways or general access areas. Hallways and common areas are for people coming and going into the building. Loitering, blocking these areas, or having conversations or making noise that unreasonably interferes with the use or enjoyment of an adjoining apartment is a breach of your lease agreement.
For liability and insurance reasons, and for your protection, ALL common areas, including the garage, may not be used as recreational areas. Biking, skating, boarding and/or rollerblading are not permitted in the parking lot, garage or other common areas. Management may restrict recreational activities and play areas to portions of the community that do not disturb other Residents, or are not unreasonably close to occupied units, or to otherwise protect the property’s landscaping and grounds.
Except where otherwise required by law, Residents may not post any signs or notices, or solicit any other Resident of the property or Management agents, without Management’s prior written consent. Some communities may provide a community notice board for general Resident information, but any sign or notice placed on a community board may require Management’s advance consent and approval. Any notice boards are the property of Management and Management has the sole discretion to remove any sign or notice placed on a community notice board. Except as required by state statute and election law access, door-to-door solicitors or salesmen are not allowed into the building under any circumstances.
TENANTS’ RIGHT TO ORGANIZE
Minnesota law, and provisions of federal regulation at HUD properties, recognize the rights of tenants to organize without Management control or interference. Notices of tenant organization activities may be posted on community billboards and distributed directly to individual residents. Organizers are asked not to attach or tape information or materials to individual tenant doors, walls, or other building surfaces, or to leave materials on floors. Common areas of the building may be used for meeting purposes during normal business hours, or other hours of use for those areas.
TRESPASS LIST
In an effort to prevent any unauthorized persons on the property, we follow the guidelines below regarding trespass notices.
Management and law enforcement officers may question any person in any common area of any building or parking lot or any public area for any reason or for no reason. Persons questioned may be asked to show identification. Any person who cannot show that they are a Resident or a guest of a Resident may be escorted off the property. Any person who is not a current Resident who violates the lease agreement, Resident handbook, or posted notices may be placed on Management’s trespass list. Management also reserves the right to exclude approved occupants (that are not lease-holders) visitors or guests if such person is reasonably believed to pose a danger to the health, safety, morals, or quiet enjoyment of the property or employees, has engaged in disturbance conduct or has otherwise violated rules or policies of the rental community. A person that previously lived at the property, or was an unauthorized occupant or visitor, or a person where Management is advised by local law enforcement officers to take action and to exclude such person, may be placed on Management’s trespass list. Any person who refuses to show identification or who falsely identifies themselves may also be placed on Management’s trespass list. Persons who are on Management's trespass list will be banned from the property.If Management has determined for any of the reasons shown above that a person should be excluded from the rental community, Residents agree to and must cooperate with Management to advise the trespassed person that the person is not welcome to visit or come to the rental property to see or visit Resident, that such person is no longer welcome as a visitor or guest in Resident’s unit, and to cooperate with and notify Management if such person or visitor does come to the property or attempts to enter Resident’s unit. A failure by Resident to cooperate with Management to exclude persons that are on Management’s trespass list will be considered a material violation of lease and other good cause for lease termination.
If Management has determined for any of the reasons shown above that a person should be excluded from the rental community, Residents agree to and must cooperate with Management to advise the trespassed person that the person is not welcome to visit or come to the rental property to see or visit Resident, that such person is no longer welcome as a visitor or guest in Resident’s unit, and to cooperate with and notify Management if such person or visitor does come to the property or attempts to enter Resident’s unit. A failure by Resident to cooperate with Management to exclude persons that are on Management’s trespass list will be considered a material violation of lease and other good cause for lease termination.
Persons who wish that their names be removed from the trespass list must provide a written request for this consideration. The Regional Property Manager is the only person authorized to remove an individual's name from the trespass list. An approved authorization to be removed from the trespass list must be in writing; no verbal permission will be considered authorized or valid. The minimum active time on the trespass list will be six (6) months. At the end of the six (6) months and upon written notification that the person wishes to have their name removed from the trespass list, Management will review the incident(s) that caused the person to be placed on the trespass list. Depending on the nature of the incident and providing that the person has not violated this policy by coming onto the property during the previous six (6) months, Management may grant written permission to remove the person from the trespass list.
- If the person requesting to be removed from the trespass list is denied, he/she may request another review at the end of an additional three (3) month period.
- In cases where an individual was convicted of a felony crime, or where damage to the property resulted, or where another individual suffered bodily harm, loss, or property damage (i.e. theft) the person will remain on the trespass list indefinitely.
- In an effort to accommodate Residents who have relatives on the trespass list, the following shall apply:
- If a Resident wishes to have a relative who is on the trespass list present for a special occasion, the Resident may contact Management prior to the date of the occasion to request special permission be given for the person to be here at a set date and time. This permission will be in writing and no verbal permission shall be granted or valid.
- If a person who is on the trespass list has a special need, such as a family emergency, to see a Resident, that person may contact Management to request permission to come onto the property. If such an emergency situation occurs after hours, they may contact a law enforcement officer who will then contact the regional property manager.
- When a person is placed on Management’s trespass list, Management will send a written notice of trespass advisory to all Residents who are, or may be, an acquaintance of the person who is on the trespass list. If Management later learns that the person on the trespass list visits other Residents, Management will also send a written notice of trespass advisory to those Residents.
- Any Resident who is notified that a person is on Management’s trespass list and who then allows that person access to the Resident’s unit, or any portion of the property, or is seen with the trespassed person on the property and has not given Management notice of the trespass violation, will have violated Management’s trespass advisory. Violation of trespass advisory shall constitute material non-compliance with the terms of the lease and shall be a basis for termination of tenancy. It is understood and agreed that a single violation shall be a basis for termination of the lease.
ELECTION YEAR INFORMATION
Per Minnesota Statute: 211B.20, political candidates are allowed access to any multi-unit dwelling. Please refer any potential candidates to the office prior to gaining access to the building.
EXTENDED ABSENCE
In the event you are going to be gone for longer than ten days, you must inform the Management office in writing of your absence. Management may request that Resident give Management an email or text address where Resident can be reached for purposes of any notices and to request for Resident’s consent, in advance, to give Management permission to enter the unit in Resident’s absence for purposes of monitoring temperature levels in the unit, and/or to determine that there are no water leaks, or other conditions that could cause damage to an unmonitored unit. It is recommended that Residents place any newspaper and mail delivery on hold. If you will be away during the heating season (October 15 to April 15 of any year) you are required to make sure that all of your windows are closed and enough heat is running in your apartment to maintain a temperature of at least 58 degrees. This is necessary in order to prevent the pipes in your unit from freezing. If you have a car parked in an outside parking lot while you are away during the winter months, you need to make arrangements with someone to move your vehicle in case it needs to be moved for snow removal after a snowfall.
Residents are responsible to make arrangements to have building postings and notices to apartment monitored that relate to the need to move vehicles in the parking area for snow removal or parking maintenance, or to receive other notices that might relate to repairs, inspections, or to allow access to the unit for repairs, maintenance, service, or extermination procedures. Failure to give Management notice of an extended absence, and to have someone available to monitor notices, is a breach of the lease.
Management will not allow entrance of any person not listed on your lease into your apartment for any reason without your written consent provided at least 24 hours in advance.
At subsidized properties, the lease requires that the leaseholder occupy the unit. If a Resident will be absent for more than 60 days (or for more than 180 days due to medical reasons), s/he must submit a move out notice and vacate the apartment.
ABANDONMENT OF A UNIT
If Management does not receive written notice of an extended absence from a household member, Management shall be entitled to consider the household to have abandoned the unit if any of the following occur:
• Management has reason to believe the unit has been unoccupied for more than 14 consecutive days
• Another Resident or Management personnel reps/confirms that there has been activity
• that indicates that the Resident has moved
• Rent is more than five (5) days past due and there has been no contact from the Resident
• or the Resident's representative, as appropriate
• The household has not acknowledged or responded to requests for communication and/or
• meetings
• Management has credible information to believe the sole household member has been
• incarcerated, admitted for extended hospitalization or has died
If a unit is thought to be abandoned, Management shall be entitled to enter the unit to conduct an emergency inspection.
REMOVAL OF PERSONAL PROPERTY IN THE EVENT OF DEATH, ABANDONMENT OR INCARCERATION
Upon notification of death, or incarceration of a sole household member or in the case of abandonment, all locks providing entry to the individual apartment will be changed. Management reserves the right to initiate eviction, as required, in order to take possession of the unit.
Unless previously established, Management will require legal authorization before allowing a Resident's unit contents to be removed by family or other representatives. Examples of legal authorization include:
• A Court Order appointing an individual as the Personal Representative (Executor) of the Resident's estate
• Other Court Order
• In the case of death, Management may, in its sole discretion, consider allowing access to a
• person who appears to be the one entitled to take possession of the Resident's assets by requesting an indemnity agreement be signed. In the event of any dispute or concern about a dispute among successors, heirs, or family members, and the absence of any court order, Management may wait for 30 days to allow access with an affidavit to collect assets for
• small estates
• In other circumstances, where a Resident is incarcerated or hospitalized, or is otherwise
• unable to return to the property, but has not died, Management may accept a written or verbal authorization from the Resident to appoint a person to have access and to remove personal property and to terminate the lease
• Other documentation deemed satisfactory by Management
Upon confirmation of abandonment of the unit, and/or once Management has received an eviction order, management shall take written and photographic inventory of property in the unit and remove the contents from the unit so that it may be prepared for future Residents. The contents will be stored for twenty-eight (28) days. Perishable items, food items and live plants may be removed and disposed of. Management shall not be responsible for any loss or damage to property.
If Management discovers that the contents of the unit are infested with any pests, such as lice, bed bugs, fleas, etc., the contents will be removed, treated and/or disposed of, or there are other circumstances that are unsafe or unsanitary, including rotten food, garbage, any bio hazards or human or animal waste, any damaged or infested or unsanitary property may be disposed of and need not be stored and cared for by Management. The cost of damage caused by such infestation, or any unsanitary items and the cost of moving and storage and treatment/disposal of the infested unsanitary property shall be charged to the Resident or the Resident's estate.
VISITORS
Friends and relatives are welcome! However, you may not allow anyone to live at, regularly stay at, or use the premises, including stays beyond the permitted guest stay limits without prior approval from Management. Visitors are limited to no more than three days or nights in any ten-day period unless prior authorization from Management has been obtained. If it appears Resident’s guests or visitors are in violation of this policy, and Management’s guest policy, by having stays that appear to exceed three days without Management’s consent, or a pattern of frequently staying at the apartment, Management may request that a frequent guest provide Management with proof of a verifiable, permanent, home address in the community near the rental premises. For example, a person without a verifiable home address, an address out of state, or a known “homeless” person that stays with a Resident repeatedly for intermittent periods of three days would be in violation of this policy. If you want to have someone else move in with you, that person must first fill out an application at the Management office. Management will screen the applicant in the same manner as any new applicant and reserves the right to reject the applicant for occupancy in accordance with the Resident selection plan.
Out of courtesy for your neighbors and other Residents, all visitors are required to abide by the house rules. It is your responsibility to ensure that these rules are enforced. A Resident must accompany guests when using the common area amenities. Loitering is not allowed in these areas.
In some cases, Residents with a verified disability may need the services of a personal care attendant, or live-in aide, to provide care and assistance. Such persons are not considered Residents or visitors, but would be employees of the Resident and may be approved by Management for extended access and to be given keys as a reasonable accommodation. Management does have a process and procedure for handling any request for access to be given, along with approval, for a PCA or live-in aide. Such persons are not given the rights of Residents or visitors, they are not entitled to Resident parking, or to use amenities of the property, or to stay at, or have access to the unit, unless they are present to provide assistance to the Resident. PCAs and Aides are approved solely to provide care and assistance to a qualified Resident with a disability. There is a screening process for such persons to be approved for access and verification of a disability related need for a PCA, or live-in aide, is required. See the Management office for further information.
Residents are responsible for the conduct of their guests. Failure by a Resident’s guests to observe these rules could result in an adverse action against the Resident ranging from a lease violation notice, eviction, or assessment of charges for loss or damages caused by the Resident’s guests.
SMOKE FREE POLICY
- Purpose of No-Smoking Policy. The parties desire to (i) mitigate the irritation and known health effects of secondhand smoke; (ii) mitigate the increased maintenance, cleaning, and redecorating costs from smoking; (iii) mitigate the increased risk of fire from smoking; (iv) mitigate the higher costs of fire insurance for a non-smoke-free building; and (v) prohibit and prevent currently unknown and uncertain health or addiction effects associated with electronic cigarettes.
- Definitions:
- Smoking. No “lit” Items. The term “smoking” refers to any use or possession of a cigar, cigarette, e-cigarette, hookah, or vaporizer containing tobacco, cannabis, a tobacco product or similar while that product is burning, lighted, vaporized, or ignited, regardless of whether the person using or possessing the product is inhaling or exhaling the smoke from such a product. Smoking also refers to use or possession of burning, lighted, vaporized, or ignited non-tobacco products including but not limited to any lit product that may emit smoke, whether or not inhaled, such as incense, sage, marijuana, including medical cannabis, candles, scented candles, lamps, or lanterns. Resident acknowledges that many tenants choose a smoke-free building because they are very sensitive to any perceived smoke odors, smoke particles, vapors or odors. Whether it is burning incense, or some other product, Management need not prove such smoking or burning item is inhaled or is unsafe or unhealthy. If it is a source of smoke or vapor odors or smoke particles that are perceptible to other tenants or could be upsetting to persons that have intentionally chosen to live at a “smoke-free” rental property, it is not permitted under this rule. Resident is advised that this smoke free policy is broadly intended to promote fire safety at the premises in addition to providing a smoke-free living environment. With those goals in mind, all forms of “lit” items, other than a stove burner that is furnished as part of the appliances for the unit, are prohibited. For purposes of this rule the definition of smoking shall broadly include anything that is “lit” and could produce any smoke odors, smoke particles, or present a fire safety risk.
- Electronic Cigarette. The term “electronic cigarette/Vaping Devices” means any electronic device (such as e-cigarettes, e-cigars, and e-pipes, or any vaping device, etc.) that provides a vapor of liquid nicotine or any other substances to the user to simulate smoking, to allow inhalation of a vaporized substance, or to emit smoke or vapor into the air.
- Smoke-Free Community. Resident agrees and acknowledges that the premises to be occupied by Resident and members of Resident’s household have been designated as a smoke-free living environment. Smoking as broadly defined herein, is strictly prohibited. Resident and members of Resident’s household shall not smoke anywhere inside the Apartment rented by Resident or the interior of an apartment, including any patios, decks or balconies attached to adjacent to the Premises, or the building where the Resident’s Apartment is located or in any of the common areas including all adjoining grounds, parking areas, green spaces, management leasing office, building interiors and hallways, club house, exercise or spa facility, swimming pools, commercial shops, businesses and spaces, work areas, and outdoor areas of the Apartment Community, nor shall Resident permit any guests or visitors under the control of Resident to do so. Smoking, as broadly defined above, is prohibited in and on all areas of the rental community unless Landlord has specifically designated an outdoor area as a smoking area, although Landlord has no duty or obligation to create or designate any area as a smoking area. Smoking as broadly defined above includes any “lit” or burning item and is prohibited in any portion of the apartment community.
- Resident to Promote No-Smoking Policy and to Alert Management of Violations. Resident shall inform Resident’s occupants, guests, family, and invitees of the no-smoking policy and for ensuring compliance. Further, Resident shall promptly give Landlord a written statement of any incident where tobacco smoke is migrating into the Resident’s unit from sources outside of the Resident’s Apartment.
- Landlord Not a Guarantor of Smoke-Free Environment. Resident acknowledges that Landlord’s adoption of a Smoke-Free policy, and the efforts to designate the rental community as smoke-free, do not make Landlord or any of its managing agents the guarantor of Resident’s health or of the smoke-free condition of the Resident’s unit and the common areas. There is no warranty or guaranty of any kind that your dwelling or the apartment community is smoke free. Landlord is not required to take steps in response to smoking unless Landlord has actual knowledge of smoking or has been given written, verifiable notice of said smoking.
- Other Residents are Third-Party Beneficiaries of Resident’s Agreement. Resident agrees that the other Residents at the community are the third-party beneficiaries of Resident’s smoke-free policy with Landlord. Therefore, Resident’s agreements in this policy are made to the other Residents as well as to Landlord. Resident may sue another resident for an injunction to prohibit smoking or for damages, but Resident does not have the right to evict another resident. Any suit between Residents herein shall not create a presumption that Landlord breached this policy.
- Effect of Breach and Right of Landlord to Terminate Lease. Resident agrees and acknowledges that the entire premises to be occupied by Resident and members of Resident’s household, and guests, have been designated as smoke-free and that smoking as defined herein, is expressly prohibited by Resident, members of the Resident’s household, and guests. Resident acknowledges that a breach of this policy by Resident or Resident’s household members or guests, shall be considered a material breach of lease and grounds for termination of Resident’s lease agreement or other legal action deemed appropriate by Landlord. In the event that Landlord incurs any fees, fines, or other damages as a result of, or in connection with, a violation of this policy by Resident or Resident’s household members or guests, and in addition to any other remedies available to Landlord, and without waiving any rights of Landlord hereunder, Landlord may charge Resident for the damages incurred, which damages shall be paid immediately by Resident upon demand by Landlord, and Landlord’s acceptance of such amount from Resident shall not constitute a waiver of such violation. Landlord shall not be obligated to commence any court action or avail itself of any remedy for immediate relief of any violation of this policy, and Landlord’s failure to do so shall not constitute a waiver of any breach.
- Your Responsibility for Damages and Cleaning. Resident is responsible for payment of all costs and damages to the Apartment, other resident’s apartments, or any other portion of the Apartment Community for repair, replacement, or cleaning due to smoking, smoke or fire related damage caused by Resident, Resident ‘s household members, guests, or invitees. The definition of Smoking above is intended to promote fire safety and prevent accidents or injuries that could occur due to any lit object such as a candle, incense, or lantern. The lighting of any object or allowing any lit object in the rental unit or otherwise at the property, that results in any fire or smoke damage shall be the strict responsibility and liability of Resident for violations of this policy. Any costs or damages incurred by Landlord related to repairs, replacement, and cleaning due to Smoking as defined above by Resident, Resident’s household members, guests, or invitees, or due to violation of the no-smoking provisions of this policy and the Lease by Resident, Resident’s household members, guests, or invitees, are in excess of normal wear and tear. Smoke-related damage, including but not limited to, odors, discoloration of walls and carpeting, odors that permeate sheetrock, carpeting, wood, insulation or other components of the Apartment or the Apartment Community is in excess of normal wear and tear. Resident shall be responsible for all costs incurred by Landlord to restore the Apartment, or portions of the Apartment Community, to a smoke-free condition, including the costs of repainting and treating any surfaces of the Apartment and any carpet replacement associated with Resident’s violation of this policy.
- Your Responsibility for Loss of Rental Income and Economic Damages regarding Other Residents. Resident is responsible for payment of all lost rental income or other economic and financial damages or loss to Landlord due to smoking or smoke-related damage caused by Resident, Resident’s household members, guests, or invitees, which results in or causes other residents to be constructively evicted or vacate their apartments, results in disruption of other residents enjoyment, or adversely affects the health, safety, or welfare of other residents. Resident’s responsibility for damages, cleaning, loss of rental income, and loss of other economic damages under this policy are in addition to, and not in lieu of, Resident’s responsibility for other damages or loss under the lease contract or any other law or obligation.
- Lease Termination for Violation. Landlord has the right to terminate the Lease and Resident’s right to occupancy of the Apartment for any violation of this rule. Any violation of this Smoke-Free/ Fire Safety provision is a material and substantial violation of this policy and the Lease. Despite the termination of the Lease or eviction from the premises, Resident will remain liable for the rent through the end of the Lease Term.
- Disclaimer by Landlord. Resident acknowledges that Landlord’s adoption of a smoke-free/fire safety living environment and the efforts to designate the rental community as smoke-free do not in any way change the standard of care that Landlord or managing agent would have to Resident’s household to render buildings and premises designated as smoke-free any safer, more habitable, or improved in terms of air quality standards than any other rental premises. Landlord specifically disclaims any implied or express warranties that the building, common areas, or Resident’s premises will have any higher or improved air quality standards than any other rental property. Landlord cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke or vapors, and Landlord shall not be liable for any personal injuries or property damage caused by secondhand smoke. Resident acknowledges that Landlord’s ability to police, monitor, or enforce the agreements of this policy is dependent in significant part on voluntary compliance by Resident and Resident’s guests. Residents with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this provision than any other Landlord obligation under the Lease.
ANIMALS (If Applicable)
Different sites have different rules and policies regarding pets and animals. Check with your property manager to be advised of the animal policy for your community. Resident may not keep animals or pets of any kind in the rental unit without the prior written consent of Management. Consent may be conditioned on Resident providing any information about the animal, including veterinary paperwork, and paying any required deposit or animal approval fee. Visiting pets or animals are not permitted. Having an animal or pet at the premises, or the grounds of the premises, by Resident or Residents' guests without Management's prior written approval is a breach of this agreement. In any action brought by Management alleging violation of this section, Management need only prove that an unauthorized, not approved in writing, animal was at the premises. Management need not prove that the animal "lived at" or "belongs to" Resident. Under Minnesota Statute Section 504B.113, where a tenant is entitled to a reasonable accommodation under that law, an additional fee, charge or deposit payable under a pet policy may not be charged for a service or support animal.
There is a Reasonable Accommodation policy and procedure in place for applicants/ residents to request an accommodation in a pet or animal policy. In most cases, third-party verification with a credible and reliable healthcare provider with a professional service or treatment relationship with the requesting resident will be required. Please contact Management to discuss any request for accommodation of a disability. The waiver of any requirements for monthly pet fees, or other charges or deposits, will be applied on a prospective basis when a reasonable accommodation request is made and approved. Refunds will not be made for amounts previously paid for pets.
DISTURBANCES AND EXCESS TRAFFIC
Individual apartments and the apartment community are to be used exclusively for normal Residential purposes. All business and commercial uses are prohibited.
Social and friendly gatherings of Residents and their guests are welcome provided that such gatherings do not become boisterous, excessive, or generally objectionable to the other Residents. Please be considerate to your neighbors by keeping noise levels down at all times. Residents should be conscious about noise in their unit from musical instruments, vibrations, sound systems, electronic gaming systems, television or other sources that might disturb the rights of other Residents to peaceful enjoyment of their homes.
Residents are responsible for their guests’ and families’ actions and conduct at their apartment or in other common areas of the rental community. Any guest or visitor that has caused a disturbance, violated any provision of the lease, Resident handbook or posted rules, or been a source of disturbance or harassment to any other Resident, staff member, or visitor of another Resident, may be subject to a Management-issued trespass action (see section herein) and will not be permitted to return to the property or the Resident’s unit. If the number of guests and visitors is excessive in terms of total number or its tendency to disturb fellow Residents, Management may ask Resident to restrict or limit the number of visitors. Excessive traffic from visitors, visits at unusual hours, visits of short duration, or visitors who leave vehicles running in driveways or parking areas, or other unusual or excessive traffic patterns disturb other Residents and constitute a violation of your lease and these house rules.
SOLICITATION/SALES
For reasons of both security and respect for privacy, solicitations and sales are prohibited. Residents may request to have charitable, community, fundraising or other activities of general interest posted on any property bulletin board for Resident information. Legally protected activity, like tenant association activities as recognized and required by HUD regulation, and state law, may be posted on any community bulletin board, but may not be attached to doors, walls, or windows or distributed in other areas of the building. Except as otherwise required by law, Residents are prohibited from distributing advertisements, solicitations, invitations or other like materials under Resident's on or under Residents' doors.
Garage, yard and apartment sales are prohibited.
WEAPONS AND FIREARMS
All firearms in the possession of a Resident, guest or service provider must be licensed and carried in accordance with state and local laws. Residents, guests and service providers must provide copies of permits upon request by Management.
All weapons/firearms must be stored in locked cabinets. If removed from the cabinet for legal use (i.e., target practice at a firing range or hunting), the weapon/firearm must be transported in an appropriate carrying case from apartment to vehicle and back to the locked cabinet. Openly carrying or displaying weapons or firearms is strictly prohibited, unless individual possesses a legal permit to carry, with a copy provided to Management.
The use of any type of weapon, firearm, or dangerous object is strictly prohibited within the boundaries of the Building. This includes, but is not limited to:
• Shotguns, handguns, pistols, rifles, etc.
• Ammunition of any type
• Pellet guns, B.B. guns, air guns, paintball guns, (pistols, rifles, etc.), of any type
• Archery equipment (bows, arrows, targets, etc.)
• Any and all types of sling shots or any device that could shoot a projectile
• All sharp edged or pointed objects (i.e., knife, sword, etc.) used with the intent to threaten,
intimidate, or harm another person
• Any and all types of explosives, fireworks, and explosive chemical(s)
• Any other type of instrument, object, and/or material that may be deemed a weapon when used with the intent to threaten, intimidate, or harm another person
The illegal possession or use of any weapon by a Resident, a Resident's service provider or a Resident's guest is prohibited and constitutes material noncompliance with the terms and conditions of the lease and grounds for termination and eviction.
Residents are on notice that any discharge of a weapon or gun at a residential rental property, whether accidental or not, is a violation of law and is grounds for immediate termination of lease and eviction.
POLICY FOR CRIME FREE HOUSING
In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Resident agree as follows:
- Resident, any members of the resident’s household or a guest or other person under resident’s control shall not engage in any illegal activity, including drug-related illegal activity, on or near the said premises. "Drug-related illegal activity" means the illegal manufacture, sale, distribution, purchase, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 or the Controlled Substance Act [21 U.S.C. 802]) or possession of drug paraphernalia.
- Resident, any member of the resident’s household or a guest or other person under the resident's control shall not engage in any act intended to facilitate illegal activity, including drug-related illegal activity, on or near the said premises.
- Resident or members of the household will not permit the dwelling to be used for, or to facilitate illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household.
- Resident or members of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any locations, whether on or near the dwelling unit premises or otherwise.
- Resident, any member of the resident’s household, or a guest or other person under the resident’s control shall not engage in acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the rental agreement that otherwise jeopardizes the health, safety, or welfare of the landlord, his agents or tenants.
- VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this policy shall be deemed a serious violation and material non-compliance with the lease.
It is understood and agreed that a single violation of the above provisions shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require a criminal conviction, but shall be by the preponderance of the evidence.
- In case of conflict between the provisions of this policy and any provisions of the lease, the provisions of this policy shall govern.
- For properties in Minnesota, where the unlawful conduct occurs “off the premises rented,” Management will not be able to evict the Resident or terminate the lease during the lease term, unless the conduct involved a crime of violence against another resident, a guest or representative of Management. If the off premises conduct results in a conviction of a crime of violence against a third party, a termination and eviction may occur during the term of the lease. Such conduct off the premises with or without a conviction will be considered as other good cause by Management to give notice to terminate or nonrenew a lease at the end of the lease term.
OTHER GOOD CAUSE
"Other Good Cause" for lease termination and grounds for eviction, in addition to as stated elsewhere in these Rules, shall include without limitation:
1. If Resident, Resident's household or guests do not take proper care of your apartment.
2. If Resident, Resident's household or guests appear to pose a danger to the health, safety, or morals of yourself, your neighbors, or the staff of the community.
3. If Resident, Resident's household, or guests disturb the peace of other Residents, Management's agents or neighbors of the community.
4. If Resident, Resident's household, or guests cause damage to your apartment or any other community property.
5. If Resident, Resident's household, or guests maintain your apartment in an unsanitary way.
6. If you allow unauthorized persons to stay in your apartment, have keys to your apartment, and/or receive mail or packages at the Building, or if you sublet your apartment.
7. If you do not pay your rent, "RUBS" or other service or Utility Bill late fees, charges for damages, or all court/collection fees when due. Failure to put any utilities or service charges in Resident's name that are Residents responsibility under the lease, and continuously pay for those. utilities and services, or any disconnect notice or notice of disconnection.
8. If Resident, Resident's household, or guests commit an act of violence, threaten, or display offensive behavior towards or harass other Residents or employees of the property or any other persons on the property.
9. If Resident, Resident's household, or guests are in possession of illegal drugs, other contraband, or drug-related paraphernalia in your apartment or anywhere on the property. If you, your family or guests use, purchase, or sell drugs from your apartment or anywhere on the property. Smoking or vaping of any cannabis, or growing cannabis, is prohibited anywhere in the rental community.
10. If actions by yourself, Resident, Resident's household, and/or guests result in police calls or complaints on the property that are not protected by Minnesota Statutes regarding tenants' rights to seek police and emergency assistance. This rule does not apply to requests for Police or 911 assistance by a Resident. If Management receives any notice from any local authority, including any local rental licensing authority, of any disturbance, strike, or nuisance conduct associated with your unit, your household members or guests.
11. If Resident refuses to sign all forms or to provide other materials required by Management to comply with any applicable HUD program, requirement with the Low-Income Housing Tax Credit program or any similar program that might be in place to provide affordable housing in a local community, for the a rental property, when requested by Management in a timely manner.
12. If Resident, Resident's household, or guests use your apartment for other than a residential use. With the exception of home based businesses as defined herein, you may not operate any commercial or business activity in your home or at the rental property. This includes daycare, other than incidental and occasional babysitting.
13. If Resident, Resident's household, or guests have inappropriate traffic patterns and/or excessive traffic to your home. Traffic patterns that suggest a business use of the unit or
disturbs other Residents (such as traffic at unusual hours, traffic of brief duration, etc.) is inappropriate traffic.
14. If Resident refuses to sign and return any lease addendums prior to any new policy
implementation.
15. If Resident, Resident's household, or guests jeopardize the security of the property or of other Residents on the property.
16. If Resident fails to cooperate with Management's need for access to your apartment for repairs, inspections, showings, maintenance or renovation work and to fully cooperate with Management's pest control requirements.
17. If Resident, Resident's household, or guests interfere with Management of the Community or obstruct or impede the ability of Management's employees, subcontractors or agents to carry out their duties.
18. If Resident loiters in, obstructs or otherwise interferes with the use of hallways, laundry
facilities, entrances, exits or other interior common areas, parking lots, garages or driveways.
19. If Resident communicates, whether to other Residents, on social media sites, or similar, in a manner that adversely reflects on Management's reputation, or that of Management's staff and employees, in a way that is injurious to the reputation of the building or Management staff.
20. If resident misuses community amenities, or common areas that are intended for the use and enjoyment of all Residents.
21. If Resident wastes utilities provided by Management.
22. If Resident violates the rights of other Residents and their guest(s) to the peaceful use and enjoyment of their homes.
23. If Resident makes derogatory, disrespectful, or discriminatory comments towards neighbors or their guests that would be a violation of this covenant and of Management's commitment to policies of fair housing and equal housing opportunity.
24. If Resident provides false information to Management at any time, whether at the time of application, or in connection with any other verification or inquiry regarding information for Resident's household.
25. If Resident smokes or vapes tobacco on or anywhere on the leased premises other than any specifically designated and approved designated smoking area. Under state law, cannabis may not be smoked anywhere at any multi-family residential property and smoking or vaping cannabis in any designated smoking area is prohibited.
26. If Resident changes locks to the premises, adds any other chain or barrier to the premises or has any camera or recording device aimed at or recording any indoor or outdoor common area.
27. If Resident causes or emanates odors or any other nuisance or unsafe or unsanitary conditions at the premises that disturb other Residents and/or Management.
28. If Resident creates hazards in the unit or common areas, including but not limited to storing or keeping excessive amounts of personal property in the premises, on the grounds, or failing to keep the unit in a clean and sanitary condition.
29. If Resident fails to comply with the terms and provisions of any animal rules or animal license agreement after a pet or animal has been permitted and approved.
EFFECT OF "OTHER GOOD CAUSE"
A single violation of any of the provisions of these Rules constituting Other Good Cause" shall be deemed a serious and material violation of the lease and other good cause for termination of tenancy and grounds for an eviction. Proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.
NO WAIVER
Management's rights against Residents shall not be waived without an express written agreement from Management. No delay in enforcing Management's rights under the lease or these Rules, or acceptance of any portion of rent, shall constitute a waiver. A Resident's obligation to pay rent under the lease is independent of the other obligations of Resident. Management's acceptance of rent, with or without full and complete knowledge of any breach of the lease of these Rules by Resident, shall not be a bar to a subsequent action by Management to evict Resident and no waiver of any rights by Management shall be found by any court without an express written waiver. Any failure of Management to insist upon strict performance of these terms, covenants, agreements, and conditions herein contained or any delay in the same, shall not be construed as a waiver.
RESIDENT CIVILITY
Residents and Management are expected to treat one another with reasonable standards of civility and courtesy. Management is an equal opportunity, fair housing provider. Any Resident that makes statements that are harassing, rude, profane, or discriminatory, or engages in conduct or gestures that would be considered offensive or upsetting to other persons of reasonable sensitivity, or appear to be discriminatory based on any protected class status, are violating Management’s policies of equal opportunity and fair housing. Management staff and vendors are also entitled to work in an environment that is free from unreasonable confrontation, discourtesy, profanity or interruption of their duties. Residents, or Resident’s guests, that violate these policies will be subject to lease enforcement action up to and including termination of breach of lease or non-renewal.
BUSINESS RELATIONSHIP
The relationship between a Management and Resident is a business relationship that should be positive and productive for both sides. A courteous, businesslike and civil attitude is required from both parties.
Management reserves the right to refuse to conduct business with anyone who is verbally abusive, swears, is disrespectful, yelling makes threats, uses vulgar or discriminatory language, appears to be intoxicated or under the influence of alcohol or drugs, or is argumentative or hostile.
If an applicant or Resident, guest, visitor or service provider demonstrates unprofessional behavior in the presence of Management or other Residents or applicants, the person will be required to leave the management office. Management may trespass persons from the management office and all common areas of the Building.
If the Resident, a resident's guest, a resident's service provider or a resident's family exhibits threatening behavior, appears to be intoxicated or under the influence of alcohol or drugs or attempts to intimidate Management and its personnel, the person(s) will be required to leave the management office and a notice of lease violation will be issued. A violation of the business relationship provisions is a serious and material violation of the lease and is material noncompliance or other good cause for the termination of the lease and grounds for an eviction.
If a Resident is not appropriately attired while in common areas, or when visiting the management office, the Resident will be asked to leave. Appropriate attire includes shoes, shirts and pants, shorts or skirts. Unacceptable attire includes, but is not limited to:
• Pajamas
• Bathing suits (without appropriate cover)
• Clothing that allows display of foundation garments (underwear, diapers) or private areas of the body including buttocks or breasts, not wearing a shirt or top.
• Slippers or other footwear designed for the indoors only
• Clothing with inappropriate language or pictures
• For health and sanitation reasons going barefoot in any area of the community, with the
exception of in a pool, hot tub or sauna area, is prohibited
The use of cell phones or other devices is not allowed when engaging (in-person) with the property staff. If an applicant/Resident is participating in a cell phone call, texting, reading a text or otherwise using any electronic device (not necessary to alleviate the symptoms of a disability), the property staff will discontinue any communication until the applicant/resident is able to ''disengage".
Use of cell phones or other electronic devices by Residents or applicants, (except those devices necessary to alleviate one or more symptoms of a disability or to allow a disabled resident or applicant to communicate with Management), will not be allowed in the management office without express permission from Management.
Animals, other than assistance animals necessary to allow the applicant/Resident to conduct business with the property staff, are not allowed in the management office.
While minors are welcome in the management office, younger children must be appropriately supervised by an adult. It is not the responsibility of Management or other Residents to provide
childcare, or supervision or to provide access to minor children to the building or unit when their parent or the responsible resident is not home.
Aside from standard property charges, Management is not permitted to accept any money, gifts, services or favors connected with the application process or associated with any aspect of residency on this property. If any personnel solicits any mandatory payment, not associated with the lease, the Resident shall notify Management.
COMMUNITY APPEARANCE
This apartment community is your home. Please abide by the following policies to help maintain an attractive and safe environment for you, your household and your neighbors.
Building
- • All entranceways and hallways to the apartments must be kept clean and free of personal property. Fire safety rules prohibit placing boots, shoes, mats, etc. in the hallways or in front of apartment doors.
• Smoking is NOT allowed in the common areas, including the garage.
• Bulletin boards are available for postings. Management reserves the right to remove any items that do not meet our approval or are not otherwise protected by law. - Plants should only use normal soil as potting soil, as fertilizers can be highly flammable and can be a source of spontaneous combustion caused by sunlight. Any plants on patios or balconies should have a tray or protection under the plant to prevent water seeping to lower patios or staining balcony and patio surfaces.
- Balconies are to be kept clean and free of litter and may not be used as general storage. Only patio furniture designed for outdoor use and plants are allowed. Dishes or protection should be placed under plans to prevent staining to cement or decking materials and to prevent any water or soil from dripping or falling through to a balcony or patio below. Residents will be responsible for any spills, stains or damage done by plants. Residents are expected to clean up promptly after eating or drinking on any patio, balcony or outdoor area. Any spilling or staining that occurs to your balcony or patio, or that falls to a balcony or patio below, will be your responsibility. No screening materials, hangings, flags, or in the case of a ground floor patio, any extension of the patio area, are permitted. Patios and balconies are not intended to be a substitute for entry through the front door of a unit. Climbing up or accessing an above grade balcony is prohibited.
• Pets and animals may not be on any patio or balcony unless they are accompanied and supervised by a responsible resident or handler. No pet or animal may toilet or relieve itself on any patio or balcony.
• Individual communities may allow some holiday or seasonal lighting to be placed on patios and balconies, subject to site-specific rules and a requirement that no lights be flashing or of a brightness or intensity so as to interfere with the use and enjoyment of other residents will be permitted.
• The use or storage of personal grills of any kind or outdoor cooking devices, such as camp stoves, turkey fryers, smokers, or similar, are prohibited in all areas of the property. Non-compliance with this policy can result in a $25.00 fine and termination of lease. Some of our communities do have property-owned grills available for all Residents to use in designated areas of the property.
• No device with any open flame, whether a torch, fire table, kerosene lamp, “tiki torch” or other, is permitted on any patio or balcony.
• Hanging clothes or other laundry on the balcony is prohibited.
No radio, TV, CB aerials, wires, or satellite dishes may be attached in or about the apartment or common areas. Satellite dishes are subject to special rules and requirements. See the Management office before purchasing or installing any satellite dish and refer to your satellite dish addendum agreement.
Grounds/Landscape
- • The lawns should be kept clear of furniture, bicycles, toys and other personal property.
• Bird feeders or feeding other outdoor animals is prohibited. Any approved pet or assistance animal may not be fed outdoors.
• Trees, shrubbery and other landscaping materials are a vital and valuable part of the community grounds. You will be liable for damages or any mutilation that is done by any occupant of your apartment and/or your guests.
• Flammable oils, fluids or materials, such as gasoline, kerosene, explosives, and any other materials deemed dangerous or hazardous shall not be brought into the premises, the building, or stored in any area including garages.
• For units with a grounds area by the entry of individual Resident’s unit or otherwise exclusively within use or control of Resident, planting may be allowed in certain circumstances. You must contact your property manager and obtain written consent before any sod is removed or planting is undertaken. If you do not have written consent, you may be charged for replacing sod or any materials removed. Management reserves the right to ask residents to remove dead plants or weed any approved plots or potted plants in any common areas or visible to others from any Resident’s balcony or patio.
• Because of the health risk and risk of injury, small inflatable and plastic pools are not allowed. Splash pads, slip and slides, and sprinkler hoses for play are not permitted. Any external faucet or water supply is exclusively for Management use and maintenance of grounds. Residents may not use any water supply in any outdoor area, garage, or in any common area, other than standard use of the laundry, without Management consent.
• Because of the health risk, risk of injury, and the challenges cleaning balloons up from the yard present, water balloons are not allowed.
UNMANNED AIRCRAFT SYSTEMS, DRONES OR OTHER REMOTE CONTROLLED FLYING DEVICES
- The use of unmanned aircraft systems (UAS), drones or other remote-controlled flying devices is
prohibited. Residents may own such devices but must keep them stored in a safe manner.
Residents, Residents' guests or Residents' service providers may not operate these devices from any location on the property. Residents, Residents' guests or Residents' service providers may not fly such vehicles over the property even if the operator is off-site.
GENERAL CARE OF YOUR APARTMENT
Residents should always notify Management of any needed repairs or requests for service. Residents should never attempt to complete a repair on their own. Resident should not attempt to move or relocate any appliances, even for general cleaning, as this can damage flooring or result in disconnection or damage to appliance connections. If you need or want to clean under or around an appliance, please submit a work order to Management. Below are general cleaning and care tips and requirements for your apartment.
PLUMBING
Do not put the following down sink drains:
- Grease
- Drain cleaners
- Acid
- Any substance other than liquid
- Keep strainer basket in place to catch items such as food waste
Plumbing Repairs
- If you notice a leak from a pipe under the sink, place a bucket or bowl under it to catch the leak and turn off the sink using the shut-off valves located under the sink at the back of the wall and notify Management.
- If you notice leaking from the faucet handles or spout, shut the faucet off completely and notify Management.
- If you notice spraying of water from the faucet, notify Management.
- Do not use an abrasive sponge and/or scrubbing utensils on stainless steel sinks as they will scratch and damage the surface. Clean with a nonabrasive cleaner only.
Toilets
Conventional toilet paper should be the only paper product disposed of down the toilet. Avoid excessive use of paper or putting anything other than toilet paper designed for toilet use in the commode toilet. So-called “disposable wipes” must never be placed down the toilet, but should be placed in an ordinary wastebasket. Wipes can expand and cause clogging and damage to building drains, as well as causing problems for municipal waste treatment systems. If your toilet malfunctions and cannot be fixed with a plunger as described below, notify Management. There will be no charge unless the blockage or damage is caused by negligence, misuse or a breach of the rules.
The following items are considered chargeable damage to the toilet and/or sanitary systems:
- Large accumulation of paper
- Use of paper products other than toilet paper
- Disposable diapers or wipes
- Sanitary napkins, tampons, etc.
- Grease or any other material (other than ordinary use)
- Kitty litter
- Any other foreign object found to have been dropped or flushed in the toilet
It is your responsibility to keep personal items, cosmetics, hairpins, toys, and other property away from and out of the toilet. These items can cause plugging and damage. If they are accidentally dropped or flushed in the toilet you may be charged for any maintenance or plumbing service call.
Clogged Toilet
DO NOT put drain cleaners in the toilet. Use a plunger. If the problem persists, notify Management.
Overflowing Toilet
Immediately shut off the water using the shut-off valve located on the wall near the base of the toilet. Notify Management and clean up any water from overflow.
Toilet Running Constantly or Not Flushing Properly
- Notify Management
- Do not stand on, slam, or use excessive force on the toilet seat.
- Please understand that condensation on the exterior surface of the toilet is normal in the summer months. This condensation may drip to the floor, appearing similar to a leak. Check this before contacting Management regarding your toilet leaking.
Shower/Tub
- Utilize an outside and inside shower curtain and shower mat at all times. The shower curtain must be inside the tub and encompass corners of the tub area to prevent water leaking during shower usage.
- Should you notice a leak at the fixture or spout, notify Management immediately.
- A small amount of water coming from the tub spout when showering is normal.
- Should you notice a large amount of water coming from the tub spout that decreases water pressure when showering, notify Management.
- Keep the drain opening clear at all times.
- If water is draining slowly, make sure the drain area is free of hair and other debris. DO NOT put any drain cleaner such as Drain-O down the drain. If slow draining continues, notify Management.
- Should you notice missing caulking or loose fixtures, notify Management.
Cabinetry and Flooring and Water
Cabinetry and flooring in kitchen and bathroom areas are designed to withstand normal amounts of moisture. But cabinetry and flooring are not waterproof and can be damaged, subject to delamination, or leak into other areas if standing water is permitted to accumulate. Water should promptly be wiped and removed from all cabinet areas and flooring. Do not leave wet towels, clothes, mats, or other soggy materials on any flooring or cabinetry surface area or hanging directly on wooden doors as this can damage flooring and cabinetry and lead to problems with mold and mildew.
Always use the bathroom fan and any exhaust while using the bathroom area, bathing or showering. Disconnecting, disabling or failing to use any bathroom fan or exhaust is a breach of these rules.
The bathrooms in many rental units are interior spaces where it is important to promote air flow and circulation and to reduce excess moisture and an environment that could promote mildew growth. The use of ventilation and exhaust fans is mandatory in these areas. In households with Residents that bathe or shower frequently, have large number of Residents, or take lengthy showers or baths, it is recommended that the bathroom door be left open after bathing to promote air circulation and that bathroom vents and exhaust be permitted to run even when the bathroom area is not in use.
APPLIANCES
No additional major appliances other than those supplied with your apartment may be installed by the Resident, including window air conditioners, dishwashers, freezers, humidifiers, space heaters, freestanding air or water filters, purifiers or laundry equipment unless approved in writing by Management. If any appliance uses additional energy or utilities provided by Management, Management may condition any consent for approval of any additional appliance on paying a supplemental utility charge or increase in rent.
Range
Clean the top burner pans on a regular basis to eliminate grease buildup. To clean your stove top and drip pans use hot soapy water. It may be necessary to remove drip pans in order to clean them. You may also need to lift the stovetop from time to time to clean the surface beneath and with a hot surface rag. Do not use excessive amounts of water and remove all soap or cleaning products thoroughly. If the stove is not properly rinsed and dried, it could be damaged when used again. Do not use spray oven cleaners on any part of the range top or knobs. Do not line burner pans or oven surfaces with foil as this can accumulate grease and cause a higher risk of fire. Foil in the stove may also impede or limit the circulation of heat and can also increase fire risk. Clean the inside of the oven regularly with an oven cleaner. When cleaning the inside of the oven, use a non-abrasives sponge or cloth to avoid damaging oven surfaces. This will eliminate burned food buildup. Never use any sharp instruments to clean the oven. Hood vent filters should be removed and cleaned monthly in hot, soapy water.
Self-Cleaning Ranges
Do not use oven cleaner to clean these machines, as it may damage the appliance.
Do not place plastic, cloth, paper, or any other flammable items such as salt and pepper shakers, spoon holders, napkins, paper or plastic wrapping on top of the stove when it is in use. These items can ignite or melt.
Ranges equipped with an overhead fan should have the fans used when cooking, or any time any extended simmering or boiling takes place to minimize the buildup of humidity and properly vent the kitchen area.
Disposal
Do not put metal, glass, plastic, grease, paper, cigarettes, bones, egg shells, carrot/cucumber/potato peelings, banana peels, tea bags, un-popped popcorn, corn silks and husks, cooked or uncooked rice, mashed potatoes, pasta, fruit or avocado pits, aquarium rocks, kitty litter, animal fat or animal waste, sponges, dishcloths, and especially any leafy vegetables, or any other foreign substance, down the disposal. The disposal should be used on a limited basis to clean food items off plates. It is not a substitute for properly disposing of excess food materials in the garbage. Putting large quantities of any food item, particularly cooked rice, pasta, or potatoes, through the disposal and into the drains can clog drains and damage the disposal as well as building plumbing. Attempts to use the disposal on improper items will dull the blades or plug up the line and can burn out the motor. Cold water should be running as fast as possible when the machine is in use. Even after the disposal is empty, it is wise to let cold water run a few minutes to clear the line. Never put your hands or any metal objects down the disposal when it is turned on. A handful of ice cubes once a month will sharpen the blades and makes the disposal more efficient. Do not use drain cleaners at any time. It is recommended that a lid or cover be placed over the disposal when not in use to prevent items from falling into the drain.
Dishwasher
Make certain dishes are scraped and rinsed prior to placing them in the racks. Do not crowd dishes, cups, glasses, or silverware so that water can circulate freely over each piece. Avoid covering the center hole in the lower rack for maximum efficiency. USE ONLY DISHWASHER DETERGENT PRODUCTS. Use of other products will destroy the appliance. The dishwasher should be run or used on a weekly basis to keep parts and seals properly functioning. Even persons that do not choose to wash dishes in the appliance are asked to run and cycle the dishwasher periodically to keep parts and seals flexible and in good working order.
Laundry Rooms
If the laundry rooms are in need of cleaning, or if you have lost money in the machines, please notify the office staff immediately. Use of the laundry room is restricted to residents and persons assisting Residents for Resident’s personal use laundry. Use of laundry facilities by any guest, including aides or persons assisting residents, for clothes or laundry that does not belong to a Resident or household member, is prohibited.
Management is not liable for any lost or damaged clothing.
Residents must use laundry equipment according to its design instructions. Management can assist Residents in understanding how to operate any laundry equipment upon request.
Please contact Management as quickly as possible if there are concerns about the laundry room or with any of the laundry equipment.
Do not leave washing machines or dryers unattended while washing or drying laundry items. Out of courtesy for your neighbors and in recognition of the demand on laundry equipment, laundry must be removed immediately from machines when a cycle is complete. Unattended or abandoned laundry may be removed by Management or other Residents and brought to the Management office. Laundry that is not claimed within three (3) business days may be disposed of by Management.
Management reserves the right to change laundry equipment, hours of usage, and rules relating to laundry use by posting rules in the laundry area.
No dyeing or starching is permitted in the machines.
Laundry room trash receptacle is for incidental laundry related items only. Residents are not allowed to dispose of any additional trash from apartments in the laundry room, trash that is not incidental laundry related items are to be taken to the dumpster or other designated main trash area by residents. Leftover food, snacks, soda bottles, and similar, can attract pests to the laundry area, and other common area trash receptacles, and should be disposed of in the Resident’s apartment or in building trash receptacles.
Residents may not use the laundry room or laundry equipment as part of a home-based business.
Under no circumstances may a Resident use the property laundry room to complete tasks required to eradicate bed bugs or lice.
Management reserves the right to prohibit use of the facilities to anyone abusing the facilities or violating these rules.
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Washers
Clean any soaps or other residue left in the machine prior to your use. Never reach into the washer while it is still moving. Do not overfill the tubs because this will result in water all over the floor and will not get the clothes clean.
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Dryers
Clean the lint filter each time the dryer is used and make sure it is in place when the dryer is running. TENNIS SHOES are NOT to be placed in the dryer at any time.
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WATERBEDS OTHER WATER ITEMS
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Because of the risk of damage, waterbeds or other water filled furniture are not allowed. No additional installation of any water device including any water filter system, bidet, shower or sink hose or '"portable" appliance, like a dishwasher or washer, is permitted. No aquariums or tanks with a capacity larger than 10 gallons are permitted without Management's prior consent, which consent may be withheld.
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DISPOSAL OF PERSONAL BELONGINGS
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Residents shall not leave behind or dispose of personal belongings, trash from household use, personal or animal waste in the common areas or the laundry room. The disposal of food waste, any animal poo bags, or other personal waste, can lead to odors in common areas and can be an attractant to pests. All unwanted personal belongings, food waste, personal waste and other trash shall be disposed of in accordance with the Trash/Dumpsters section of these House Rules.
STORAGE LOCKERS (if applicable)
Storage lockers are the Resident’s responsibility. Fire codes require that storage lockers be kept locked at all times. Residents are not permitted to put items, even on a temporary basis, in common areas or outside hallways. Items are to be kept at all times in the locked storage area. Management does not carry fire, theft or any casualty insurance on Resident’s personal possessions. Whether or not a fee is paid for a storage locker, any use of a storage locker or storage space is at Resident’s own risk. Resident shall periodically inspect and maintain the storage space, with inspections to occur on at least a monthly basis. Resident should promptly report any repair, service, leakage, or defect in the storage locker to Management. Failure to timely inspect, or to report any deficiency in a storage locker may subject other tenants to damage or spillage that may occur in any adjoining storage locker. Storage of any firearms, toxic chemicals, or illegal, stolen, dangerous, regulated, or hazardous materials is prohibited. Resident shall not store any foodstuffs or materials in a manner that could attract or be accessed by pests. Any foodstuffs shall be kept in impermeable sealed containers. Storage lockers are to be used exclusively for storage and may not be used for any other purpose, or “occupied” in any way by any Resident or animal. Any use of a storage locker is subject to Management’s right to enter the storage locker for purposes of performing inspection, conducting repairs, doing maintenance, or showing the space to prospective tenants, buyers, lenders, insurers or inspectors. A building-wide notice of inspections to storage lockers shall be sufficient for giving notice of Management access. At the end of the lease, it is Resident’s responsibility to remove all items from the storage locker, and leave it in a clean and undamaged condition. Do not store gasoline, paint or any flammable or hazardous materials in lockers. Storage is not permitted on patios, balconies, entrances or garages.
DECORATING YOUR NEW HOME
Apartments may not be redecorated or altered without written consent of the Management. Painting, wallpapering, and hanging light fixtures are not allowed. Putting up removable wallpaper or hanging plants from the ceiling is permitted with written consent of the Management. You may hang pictures and mirrors with picture nails, small “J” hooks, or tacks. Stick-on hangers and tape is prohibited because the paint and sheetrock will come off when tape is removed.
BLINDS AND WINDOW COVERINGS
If blinds are not provided with your apartment, please observe the following: (1) rugs, sheets, foil, towels, and paper are not acceptable window dressings, (2) to maintain a pleasant community appearance, Residents must use window treatments with a neutral color, or a light or neutral backed lining. If blinds are provided, any additional window coverings must be placed in front of the blinds (facing the interior of the unit) so that they are not visible to the outside. No window coverings may be installed that require installation of hooks or rods or hardware in the wall or window frames without Management’s advance approval and consent. Any damage to the wall or window frames must be restored and repaired, at Resident’s expense, before vacating. No window covering, wall hanging, or window dressing may obstruct any baseboard heat or air circulation so as to cause condensation or freezing during winter months. Management may condition the approval on any window covering on it being above the floor, and away from any wall or window area or heat source, so as to allow adequate ventilation and to prevent condensation.
HEATING
You can help keep your apartment warm and prevent the pipes from freezing in your apartment by following the basic rules below:
- Keep your drapes open over the heat registers at all times.
- Make sure that your furniture and any other personal property are at least four inches away from the heat registers. Excessive quantities of personal property, storage boxes, and other clutter will impede airflow.
- Immediately notify the office if you are having problems with your heat.
- When you leave for a few days, make sure to leave the heat on to avoid freezing the pipes. Where units have individual thermostats, the thermostat must be set high enough to allow adequate heat to avoid freezing or damaging pipes.
- During heating months, windows and doors must not be left open and any opening of a window must be brief, and monitored, to allow a brief exchange of fresh air. Opening windows can waste any utilities provided by Management and can cause damage to pipes and risk of freezing. Management reserves the right to monitor the building during heating months and any observation of an open window or door is a violation of lease.
- NEVER turn the heat off in your apartment even if you are vacating your apartment. In cold weather, the pipes will freeze and burst, causing extensive damage to your unit. The utilities must remain in your name with the utility company until the last day you are responsible for rent, even if you move out early.
AIR CONDITIONING
The following will ensure that your air conditioner is operating efficiently and effectively:
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Wall Units
Turn the air exchange knob to close. This will allow the air to circulate inside your apartment and close off the outside air. Your air conditioner has a filter that should be cleaned in hot, soapy water at least every two weeks during the air conditioning season. If air conditioners are provided by the property, Residents are not allowed to install their own air conditioners without Management’s prior written consent. Such consent may be conditioned on Resident paying an additional amount for consumption of utilities if electric is provided by Management. Consent may also be conditioned on the requirement that proper window brackets be installed, by qualified maintenance staff working for Management, and that Resident pay the cost of such installation. As a matter of prudent Management practice, or local codes, Management or insurance and code officials may require that any outdoor window air conditioner have brackets that meet safety standards that are installed and maintained by Management. Management may also condition any consent on Management periodically inspecting and/ or handling the installation and removal of air-conditioners so as to prevent water leakage, condensation, or intrusion of moisture into window casement or walls.
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Air Conditioning Covers
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At some properties, Management provides air conditioning covers. Where air conditioner covers are provided, Residents are expected to use them during non-cooling months and to properly remove, store, and care for them during the cooling season. Any damage to, or failure to leave the air conditioning cover in a clean and undamaged condition on move-out, may result in charges to Resident security deposit.
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Central Air Conditioning Units
Select the “cool” setting on the thermostat. Select the “automatic” setting on thermostat and set your desired temperature.
UTILITY CLOSETS, CONTROL OR ELECTRIC PANELS
Some units may have a “utility”, heating ventilation air conditioning (HVAC) closet, or electric panel that accesses equipment or fuses or wiring, or area that houses heating, ventilation, air conditioning, water heating, electrical, or other mechanicals and electric service to the unit. Certain areas like an HVAC closet, or electric panel, may be designated as “Management only” access areas even though the area may be located in the Resident unit. Whether or not such closet or panel is locked, Resident agrees to refrain from accessing any closet or area designated as “Management only” access. When notice is given that Management will be inspecting, or performing work, where access to any HVAC/control closet or panel is needed, Resident agrees to remove any items, furnishings, or otherwise, blocking the area so that unimpeded access is available. Opening, tampering with, or putting items in any “Management only” access area is a breach of these rules.
MOLD AND MILDEW PREVENTION
Mold, mildew, and fungi are common elements found throughout the indoor and outdoor environment. The presence of these substances in indoor and outdoor air, on the ground, and in soil is common and is not a source of problem or injury to most healthy people. However, certain conditions can permit mold, mildew, and fungi to grow in a way that could be injurious to building materials. It is the responsibility of every Resident to maintain the unit so as to provide appropriate climate control and cleanliness standards, so as to retard and prevent mold and mildew from accumulating in the unit.
To minimize the occurrence and growth of mold in your home, Residents are responsible for the following:
- Removing any visible moisture accumulation in your home, including on walls, windows, floors, ceiling, and bathroom fixtures; mop up spills and thoroughly dry affected area as soon as possible after occurrence; use exhaust fans in kitchen and bathroom. Residents with larger households, or Residents that frequently shower, will find that moisture can and will accumulate in bathroom areas. Exhaust fans should be used before and after bathing. Keeping bathroom doors open to allow air exchange will prevent moisture and mildew accumulation from occurring in bathrooms. Keep climate and moisture in your home at reasonable levels. Greenhouse structures, or large numbers of plants, are not allowed inside apartments because they add to excess humidity levels that can lead to mold or mildew growth.
- Notify Management promptly if you notice any of the following:
- A water leak, excessive moisture, or standing water in your home or a common area;
- mold growth that persists after you have tried to remove it with household cleaning solutions; or
- a malfunction in any part of the heating, air-conditioning, or ventilation system.
Residents are liable for damages sustained to the building or to Resident’s person or property as a result of failure to comply with these mold and mildew prevention guidelines.
KITCHEN EXHAUST VENTS AND FANS
For fire safety and to minimize food odors, this area of the kitchen requires regular cleaning. You can do this by washing the exhaust vent with warm water and detergent. If your vent has a filter, this should also be cleaned or changed regularly. To allow adequate ventilation, air movement, and to prohibit damages caused by excess humidity and moisture, it is important that exhaust fans and vents be used while cooking and thereafter to allow air circulation and to vent excess heat, moisture, and odors. It is a violation of your lease to cover or obstruct any exhaust vent. Fans should be used when cooking and thereafter to fully vent and exhaust steam, smoke, and odors. Any cooking process that involves boiling, steaming or lengthy use of the stove or oven should include running the fan at all times and after cooking to ventilate the area.
FIRE PRECAUTIONS
You are personally responsible/liable for any damage to your unit as a result of fire caused by negligence and for occupancy and housekeeping habits that pose fire safety risks. Residents are reminded that this property and Management’s rental communities are designated as smoke-free/fire safety communities. Because of the high costs and risks of fires at rental property, Management prohibits any smoking or vaping of any item, and no lit items including but not limited to burning incense, “smudging,” lighting any candle, having any lit lantern, or anything other than using a match to light a pilot light or Management provided stove that uses gas, is expressly prohibited anywhere in the unit or on any deck or patio. Any Resident found with an ashtray, or having or using candles or any burning object, is subjecting the building and your neighbors to a greater risk of a fire. Any single violation of the smoke-free/fire safety provisions of these rules is considered a material violation of lease and can be grounds for an eviction. We suggest that you take the following precautions:
- Do not keep any flammables, explosives, or other non-household combustible items in your unit.
• Dispose of newspapers and other refuse regularly.
• Do not place matches or lighters where children can reach them.
• Clean grease from the cooking range, oven, and exhaust fans and vents regularly.
• Do not use worn electrical cords.
• Do not overload electrical outlets.
• Do not block hallways or entrance areas.
• Ownership or storage of excessive amounts of personal property or furnishings can pose a fire hazard to you and other Residents. It will also impede the circulation of heat and ventilation in your unit. You must remove, or store off-site, any personal property deemed by Management to be excessive.
• Never leave any paper, flammable materials, or other objects not designed for cooking near stoves or cook top surfaces. For units that are equipped with a water heater, furnace, or other heating unit, Residents should keep all paper and other flammable materials away from any water heater, furnace, or other heating unit.
• Live Christmas trees and wreaths are not permitted in your unit or the building.
• Fireworks, even legal fireworks, are prohibited anywhere in the unit or the rental community.
• Never leave any burning or heated object, such as a curling iron, unattended. - Any burning item, like incense, or object that generates heat, should not be placed on any shelf area where it could cause damage to cabinetry above the shelf or start a fire, or near any source of draft or moving fabric or curtain.
• Resident should actively monitor any cooking items in or on a stove or in a microwave. Unattended cooking is a major source of household fires.
• Any appliances that are used for cooking, that generate a high heat, including standalone oil fryers, toaster ovens, electric fry pans, or similar, must be used with care. High temperature oil, or food, that is left unattended can start fires. These appliances need to be monitored when used. Care should be taken to keep any plastic, paper, or other flammable item away from any appliance that is used for cooking that generates heat, hot oil, or has an electric coil that becomes hot in use
SMOKE DETECTORS
Your apartment is equipped with one or more smoke detectors as of the date of move-in. As part of your lease agreement, you acknowledge that you have inspected the smoke detector(s); and that you find the smoke detector(s) to be in proper working condition. Your interference with, disconnecting, or tampering with the operation of the smoke detector in any way is a breach of the lease agreement.
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Testing and Repair
Resident agrees that it is Resident’s duty to regularly test the smoke detector(s) and agrees to notify Management immediately in writing of any problem, defect, malfunction, or failure of the smoke detector(s). Management shall promptly repair or replace the smoke detector(s), assuming the availability of labor and materials.
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Maintenance
Resident agrees to replace the smoke detector(s) battery, if any, at any time the existing battery becomes unserviceable. If after replacing the battery the smoke detector will not operate, Resident must immediately inform Management in writing of any deficiencies.
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Disclaimer
Resident agrees that Management is not the operator, manufacturer, distributor, retailer, or supplier of the smoke detector(s). Resident assumes full and complete responsibility for all risk and hazards attributable to, connected with, or in any way related to the operation, malfunction, or failure of the smoke detector(s), regardless of whether such malfunction or failure is attributable to, connected with, or in any way related to the use, operation, manufacture, distribution, repair, servicing, or installation of said smoke detector(s). No representation, warranties, undertaking, or promises, whether oral or implied, or otherwise, have been made by Management, its agents or employees to Resident regarding said smoke detector(s), or the alleged performance of the same. Management neither makes nor adopts any warranty of any nature regarding said smoke detector(s) including expressed or implied warranties. Management shall not be liable for damages, losses, and/or injuries to person(s) or property caused by (1) Resident’s failure to regularly test the smoke detector(s); (2) Resident’s failure to notify Management of any problem, defect, malfunction, or failure of the smoke detector(s); (3) theft of the smoke detector(s) or its serviceable battery, and/or (4) false alarms produced by the smoke detector(s).
PEST CONTROL
Management reserves the right to schedule extermination services required to ensure that units are maintained in a decent, safe and sanitary condition and ensure the safe and peaceful enjoyment of the property by other Residents.
Residents must maintain the unit in such a way as to minimize risk of infestations including, but not limited to, infestations by cockroaches, fleas, bed bugs, lice, ants, rodents, and other pests. Residents must promptly notify Management in the event that the Resident observes any pests in the unit. Any failure by Resident to maintain their unit in a decent, safe and sanitary condition that promotes or attracts pests, or prevents Management and its professional exterminators and maintenance team from providing effective pest prevention or extermination, shall be deemed a breach of lease and grounds for lease enforcement. A failure by Resident to cooperate with Management’s pest control procedures, including adequate preparation for pest control, actions that require repeat treatments or refusal to provide access to Management’s pest control provider, may be a basis for assessing charges to Resident. Under Minnesota law, and your lease, Management does provide and pay for regular pest prevention services, and will provide extermination services. However, actions by Resident that promote or bring pests to the unit, or failure to assist with and fully prepare for pest control and extermination, may lead to additional charges that shall be the responsibility of the Resident. Any failure to timely report the first sign of a pest, is a breach of this rule.
Residents shall cooperate with and comply with Management’s efforts at pest control, including allowing access to Management and Management’s pest control vendor for inspection, evaluation and treatment of the unit, including using traps or other devices to detect or eradicate parasitic infestations if directed by Management or Management’s pest control vendor. A Resident’s failure to notify Management about the presents of pests, a Resident’s failure to cooperate with pest-control efforts, a Resident’s denial of entry to Management’s pest control vendor, or a Resident’s failure to follow the requirements of Management’s pest control vendor(s), including preparing the unit for assessment or treatment, is considered interference with management, a material lease violation and other good cause for the termination of the lease and grounds for eviction.
Residents are required to follow any recommendations or treatment control requests of Management’s pest control vendor(s), including complying with all notices by Management and its pest control vendors for readying the unit for pest control treatments, which may include emptying cupboards, removing materials from under sinks or vanities, moving mattresses, moving cushions from furniture, bagging clothing, and bedding, washing and drying items, and all other directives from Management or its pest control vendor.
If a Resident’s unit is not ready when Management’s pest control vendor is scheduled to treat the unit, in addition to other remedies, Resident may be required to pay for an extermination re-treatment, or a subsequent exterminator visit fee as additional rent.
Residents are responsible for all costs of treating or removing any of the Resident’s personal property needed, in the opinion of Management’s pest control vendor, to achieve effective pest control. Management will not reimburse Resident or replace personal property of Resident that is subject to treatment or disposal. Upon demand by Management, Resident shall be responsible for the payment of treatment of Resident’s unit and any other premises that have been infested if, in the opinion of Management’s pest control vendor(s), Resident caused the pests to come into, or brought the pests into, the unit, the Building, or another Resident’s apartment.
It is the Resident’s responsibility to contact Management in the event of allergies or sensitivities. Management may require Resident to be absent from the premises when pest control treatment or extermination is to take place, and to remove or temporarily house or board any approved animal. It shall be Resident’s responsibility to find an alternate place to stay, or Resident may be permitted to use any common area that has bathroom facilities, for the period of time when extermination needs to take place in Resident’s unit.
Because of increased concern about bed bugs, and in response to HUD guidance, Management has established additional Rules regarding bed bugs.
If any Resident suspects the presence of bed bugs, the Resident should attempt to contain the bed bugs in a Ziploc or other sealed bag (Management will provide a sealable bag upon request) or in a jar that contains ethanol alcohol. This should be kept in the freezer until the property management office opens during normal business hours. The Resident should contact Management, and maintenance will come to the unit for an inspection. Do not bring suspected bed bugs to the maintenance office or to the management office.
If the presence of bed bugs is confirmed, Management or its pest control vendor, will explain the requirements to eradicate the bed bugs and will work with the Resident to schedule extermination.
As long as a Resident promptly notify Management regarding the presence of bed bugs in the Resident’s unit and properly participate in all treatment procedures, the cost of treatment will be paid by Management. However, if Management’s pest control vendor determines that repeated bed bug infestations are caused by the Resident, Resident’s guest or service providers hired by the Resident, the cost of extermination for bed bugs will be considered damage to the unit and common areas under the lease and HUD rules and will be charged solely to the Resident.
Residents may not bring used furniture into the unit because of the increased risk of bed bug infestation.
INDOOR GROWING, GREENHOUSE AND PLANTING
Residents are permitted to have and enjoy a normal amount of indoor household plants in suitable pots or individual plant containers. However, due to concerns with excess humidity, and insects, Residents may not keep in indoor areas, plants to raise or grow vegetables, or other consumable products, including but not limited to cannabis. Residents that have a balcony or patio, may have up to two container type pots for vegetables, or flowers like a tomato plant, or Geranium with proper protections placed under any pot or container to prevent staining or damage to a balcony or patio, or dripping to a lower floor. Growing cannabis is not permitted.
BUILDING AMENITIES
Thies & Talle Management, Inc. has provided the Residents with certain amenities. Please note that these amenities are provided at the discretion of the Management company. Access may be limited, or hours of use may be changed, and amenities may be replaced or removed at any time for reasons of insurance, marketing, high cost, or at Management’s sole discretion. Resident agrees and understands that the rental payment set forth in the lease is solely for the exclusive use and occupancy by Resident of the apartment. No part of the rental payment is for the use of community amenities or recreational facilities. Suspension, interruption of use, changes in hours, or other partial or complete termination of any community amenity and/or recreational facility shall not be grounds for Resident to reduce or deduct any amount from the rental payment due and owing under the lease.
COMMUNITY/PARTY ROOM (if applicable)
Contact the office if you wish to reserve this room. Use of the community/party room is exclusively for Residents wanting to use the room for social or familial purposes. Residents may not invite members of the general public or use the community room for any public use. The community room may not be used for any sale or business activity. Residents will be responsible for all guests or persons visiting the room at the time it is reserved by Resident. Limits on the number of persons that may use the room may be in place at individual communities. Individual communities may also have a community/party room rental agreement that needs to be signed as a condition for any rental. The office will then provide you with information on using this amenity. For most properties, there is a cleaning and damage deposit required that will be returned after the room has been inspected and left in a satisfactory condition. Keys will be issued on the last business day prior to your scheduled event and should be returned after checking out.
Bottled alcohol is permitted; however kegs of beer are not allowed. If there is any complaint, police call, or other disruption relating to the use of the room during a Resident activity, Management reserves the right to immediately order Resident to terminate the use of the room, and to require all guests to leave the premises. The Resident is responsible for the behavior and noise level of their gathering.
FITNESS ROOM (if applicable)
Any site that has a fitness room may have posted rules that will apply in addition to the rules herein. Some fitness rooms may be open 24 hours a day. If so, Residents are asked to remember that the room is located next to other apartments and to keep noise levels to a minimum. Any sound device or player brought or used to the fitness room should have individual earplugs or buds for Residents to keep sound levels to the individual user. Management may change the hours and days of availability of the fitness room at any time, and may remove or discontinue any equipment at Management’s discretion. With the exception of individual weights or exercise balls or mats, Residents must not move or change the location of fitness equipment or stations. Any posted time limits on use of equipment must be observed. When other users are waiting to use equipment or stations, Resident courtesy and strict adherence to time limits is required. Individual apartment communities may have additional rules and requirements, or require a signed release or waiver, before the fitness room may be used. Residents are advised to consult with their own healthcare advisors before undertaking any fitness or exercise activity. No beverages other than water in unbreakable bottles are allowed in the fitness center. Residents must wear proper workout attire, including proper footwear, when using the fitness room. A Resident over the age of 16 must accompany guests to this room. Residents and guests are to use all equipment at their own risk and must observe the correct usage, instructions and any cautions for all equipment and facilities. Out of courtesy to other users, Residents are requested to wipe down and clean workout equipment and stations after use. Please report any damaged equipment to the office as soon as possible.
SHOPPING CARTS (if applicable)
These are provided for all Residents and are not to be kept for any length of time in the apartments. Failure to comply with this rule, or reports of any Resident keeping a shopping cart in his/her apartment for any period of time longer than the time needed for actual use, may result in Management revoking any right or privilege for Resident to use the shopping carts. Please return them as soon as you have finished using them to the proper cart storage locations. Do not leave them in elevators or hallways where they could obstruct access. Shopping carts are to be used to assist Residents in moving items to their units. Persons should not be placed or transported in shopping carts and no person should play with the shopping carts.
POOL/SAUNA/SPA (if applicable)
- No food, snacks, or glass in these areas.
- Beverages must be in unbreakable containers. Alcoholic beverages are not permitted.
- Two guests are allowed per apartment.
- Residents must be with guests at all times.
- Pool hours are posted and strictly enforced.
- For safety and liability reasons, an adult must accompany people under the age of 14.
- Proper swimwear intended for use in a pool, and safe for pool filters and equipment, is required for all ages.
- Infants and toddlers must wear a tight fitting, properly designed, swim diaper or should not be permitted in any pool.
- No person with any communicable disease, open sore, or incontinence should use the pool or any spa.
- Additional rules and requirements may be posted in pool or recreational areas and must be followed.
TRASH REMOVAL
Management will not allow any accumulated trash or other material that will create a hazard or that will be in violation of any health, fire or safety ordinance. No trash or garbage accumulation is allowed in the apartment. Household trash and containers from foodstuffs, cans, bottles, pizza boxes, etc., should be properly disposed of in a container in your apartment, or removed on a regular basis. Food and beverage containers can provide harborage for pests and attract rodents. Trash must never be placed outside in hallways, or on balconies or patios, but must be removed from the apartment and taken to dumpsters or proper collection areas. No discarded trash, garbage, and/or household or personal item(s) is allowed in laundry facilities, common areas, or anywhere on the property and must be placed in dumpsters provided by the apartment property.
Dumpsters are provided for the purpose of normal household trash and garbage disposal. Dumpsters are reserved for personal use by Residents only. Business and commercial items, and trash of nonresidents is not permitted.
All trash and garbage must be placed in a plastic bag, tied/sealed, and properly placed inside the dumpster. Trash and garbage are not to be placed on top or beside the dumpster(s). Residents are responsible for the proper disposal of trash/garbage.
Each Resident agrees, at his/her sole cost and expense, to comply with all present and future laws, orders, and regulations of all state, federal, municipal, and local governments, departments, commissions, and boards regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse, and trash. Recycling containers are located in the trash room. Resident are expected and required to cooperate with Management’s recycling programs and any rules or
requirements of the trash hauler, or recycling services, providing service to the premises. Remove items from brown paper or plastic bags prior to placing in containers. Cardboard boxes are to be broken down.
It is the responsibility of the Resident to remove from the property, and properly dispose of, all unwanted household items or personal property. The placing of discarded furniture, mattresses, box springs, electronics, computers, televisions, auto or engine parts or other personal property in or around the dumpster(s), and/or any common areas, or within the property boundaries is strictly prohibited. Residents may contact the property staff for information about removing such items. Cost of such removal is the responsibility of the Resident.
Management reserves the right, where permitted by law, to refuse to collect or accept from the Resident any waste products, garbage, refuse, or trash which is not allowed to be placed in the dumpsters by the dumpster contractor and to require resident to arrange for such collection, at the Resident’s sole cost and expense, using a contractor satisfactory to Management.
The dumpster lids or doors must be kept closed at all times to discourage unwanted entry by birds, animals or people.
The placing or dumping of any highly flammable material in the waste container(s), which will or may cause a fire in the dumpster, is strictly prohibited.
Grease, paint, acids, batteries, flammables and other problem materials may not be disposed of in the dumpster.
Residents are responsible for the proper disposal of medical and/or hazardous wastes in accordance with the manufacturer’s recommendations. Residents shall be charged the cost of HAZMAT response and repairs if found in violation of this rule.
If a Resident fails to properly dispose of any item, the cost for the removal will be charged to the Resident. This include hazardous waste, medical waste, paint, electronics, computers, chemicals, old furniture, mattresses, box springs or other prohibited items.
For health, sanitation, and privacy reasons, no Resident may look through garbage or trash or remove any item from trash receptacles. Taking any papers, that could include identification or personal information, or any other item from a garbage receptacle or trash receptacle is a violation of these rules and your lease.
PARKING/VEHICLE INFORMATION
All Residents must register their personal vehicles with the rental office and may be required to provide proof that the vehicle to be registered is owned by the Resident and to demonstrate proof of vehicle insurance depending on the policy of the property. Resident(s) shall maintain insurance that covers loss and damage to Resident’s personal property and/or vehicle and provides liability insurance coverage to adequately cover any claims that could arise from the use or storage of the vehicle (i.e. the vehicle running into another car or structure, a car fire). Management is not responsible for any damage or loss to any vehicle at the property including break-ins, vandalism, garage door malfunction, or similar. Residents are expected to maintain their own insurance on vehicles to protect against such claims. Cars that are parked without registration or in restricted areas or violate the policies below will be towed away at the owner’s expense.
Below are some regulations specific to the type of parking available at your property. For all types of parking, the use of the garage by Resident(s) is solely at the risk of Resident(s). Management is not responsible for any damage or injury that is done to Resident(s) or his/her property, guests, invitees, or other third parties invited to the community by Resident or their property. Management’s insurance does not provide any coverage or compensation to Resident(s) for loss or damage to personal property, casualty, or other harms that are not Management’s fault. Management is not responsible for the actions of, or for any damages, injury, or harm caused by third parties (such as other Residents, guests, intruders or trespassers) who are not under Management’s control.
INDIVIDUAL RESIDENT GARAGES (if applicable)
Garage doors must be kept closed and locked at all times except when moving vehicle in or out of the garage. Garages are to be used exclusively for the storage of a motor vehicle. The garages are not intended or rented for use as general storage space for personal property, furnishings, appliances, boxes, or miscellaneous personal property. Residents are specifically prohibited from storing any flammable, combustible, hazardous or other illegal, stolen, or regulated or dangerous materials in the garage. Storage of propane gas containers, firearms, toxic chemicals, gasoline, kerosene, camp stoves, illegal, stolen, dangerous, regulated, or hazardous materials in garage, or report of storage of such materials, is grounds for Management to enter the garage, or to give law enforcement or other governmental authorities access to the garage, and confiscate items without prior written notice. Residents may not use, run or maintain electricity in or to the garage or attempt to heat the garage in any manner.
Management advises Resident that the rental of a garage space is solely for purpose of parking a motorized vehicle such as a car or motorcycle, a boat, a trailer, a bicycle, or like vehicle that can safely be exposed to temperature changes, water, and the elements. Management hereby advises Resident that the garage spaces are not waterproof and that it is possible, and at times likely, that water may enter the garage space by roof leaks and/or through the bottom of the garage space during heavy rains or at other high-water times. Resident(s) specifically agree(s) and acknowledge(s) that Resident(s) may not store any other personal belongings such as boxes of personal items, furniture, appliances, etc., in the garage. If a Resident does store any personal belongings in a garage space in violation of this agreement, that storage is strictly at the Resident’s sole risk. Residents shall be responsible for any damages, whether or not the fault of Resident, caused by Resident’s vehicle or personal property in the garage area. For example, should the vehicle of Resident catch on fire and damage the garage or the property of other Residents, Resident shall be responsible for damage.
Residents may not conduct any business activity, including any “garage sales” in the garage space. Residents may not do repair or service work on Resident’s auto, or any other auto, equipment or other item in garage (no workshops are permitted in garage). Residents, Resident’s guests, children, visitors or other may not use the garage for purposes other than parking a vehicle. Social and recreational activities are not permitted in garages. Example: Resident may not use the garage as a gathering space, “man cave,” exercise or sports space (i.e., no bouncing balls off the walls).
Resident agrees to periodically inspect and maintain the garage. Resident shall inspect the garage immediately after any severe weather event, including lengthy periods of precipitation, with other inspections to occur on at least a monthly basis, and to report any repair or service request to Management. Failure by Resident to inspect the garage on at least a monthly basis, and immediately following severe or lengthy wet weather, and to report any necessary work or service that results in damage to the garage or to any adjoining garage, property or area shall result in Resident being responsible for any costs of repairs, service or damages.
Residents shall notify Management in writing of any condition that may cause injury, require repair, or affect the habitability of the garage. Residents may not make efforts to “repair” door, springs, rollers or other of the garage. Residents may not install or attach any shelving, fixtures, or improvements or alterations to any wall, door, ceiling or other surface in the garage. Any substance or activity that could stain or damage the garage floor, door or any other part of the structure is prohibited.
Residents shall not park any vehicle in front of any garage at any time. Residents must remove snow from entry of garage within 24 hours after any snow or ice event. Failure to remove snow from an area one foot in front of the length of the garage door may result in Management’s staff removing the snow and billing Residents for these services. Failure to remove snow and treat ice in a prompt manner can result in the garage door and closing mechanism freezing and the door or opening track system incurring damage, the repair of which will be of the Resident’s financial responsibility for failure to comply with the terms of this paragraph.
Residents will be furnished with one key to the garage space rented. Resident may not duplicate the key provided. Resident is not permitted to change the lock(s) or install any security, alarm or other devices without first obtaining written consent of the Management and must furnish Management with the keys for any changed lock and/or codes and/or operating device instructions prior to installation. Resident is responsible to restore the garage to its original condition upon move out or as requested by Management. Resident will be charged for any additional keys or replacement keys. If it is necessary for Management to replace lock(s), Resident agrees to pay these charges.
Management shall have the right to enter Resident’s garage space for purposes of performing inspection, conducting repairs, doing maintenance, or to show the garage to prospective tenants, buyers, lenders, insurers, or other inspectors. Where building-wide inspections are being conducted, posted notice of inspections or notice delivered in any newsletter or flyer of Management shall be sufficient.
Resident must vacate the garage at the end of their lease term. Resident must leave the garage in a clean and undamaged condition, ordinary wear and tear accepted. Extra cleaning, trash removal, sheet rock or door removal, or treatment required for stains on the garage concrete slab, will be charged to Resident, and deducted from Resident’s security deposit.
If garages are rented separately from apartments at a property and there are not enough garages available for all of the Residents, Management reserves the right to restrict, limit, or terminate garage use if Residents are not using a garage for an operable vehicle used on a regular basis for personal transportation.
UNDERGROUND PARKING GARAGE REGULATIONS (if applicable)
Management advises Resident that the rental of a parking garage space is solely for purpose of parking a motorized vehicle such as a car or motorcycle, a boat, a trailer, a bicycle, or like vehicle that can safely be exposed to temperature changes, water, and the elements. Management hereby advises Resident that the parking garage spaces are not waterproof and that it is possible, and at times likely, that water may enter the garages through leaks or other means. Resident(s) specifically agree(s) and acknowledge(s) that Resident(s) may not store any other personal belongings such as boxes of personal items, furniture, appliances, etc., in the parking garage space. If a Resident does store any personal belongings in a garage space in violation of this agreement, that storage is strictly at the Resident’s sole risk.
The use of the garage by Resident(s) is solely at the risk of Resident(s). Management is not responsible for any damage or injury that is done to Resident(s) or his/her property, guests, invitees, or other third parties invited to the community by Resident or their property. Management’s insurance does not provide any coverage or compensation to Resident(s) for loss or damage to personal property, casualty, or other harms that are not Management’s fault. Management is not responsible for the actions of, or for any damages, injury, or harm caused by third parties (such as other Residents, guests, intruders or trespassers) who are not under Management’s control. Residents are advised that garage underground parking may or may not have any video monitoring or surveillance equipment. Even where cameras are installed, they are not subject to continuous monitoring or viewing by any staff or security personnel. Residents are advised to use common sense steps to be aware of their surroundings when coming and going in any garage area. Residents should not leave any valuables or personal property in their car and should lock all vehicle doors at all times.
Resident(s) shall maintain insurance that covers loss and damage to Resident’s personal property and/or vehicle and provides liability insurance coverage to adequately cover any claims that could be made by other persons as a result of damage caused by Resident’s vehicle, such as hitting another car, person, property, car fire, etc. Management is not responsible for any automatic door failure or damage. At any community with an automatic door, Resident should not follow any other vehicle in the car and should promptly enter and leave the entry area as any door is opening or closing. Damage to a vehicle by an automatic door opener will not be paid or compensated by Management.
Some properties may have assigned parking. Where parking is assigned, Residents are on notice that Management reserves the right at any time, upon two weeks’ notice, to change parking assignments if a change is needed to allow work or maintenance by Management, or as needed to provide a reasonable accommodation to another Resident. Residents are responsible for parking vehicles in garages within any lines or designated spaces. Parking at an angle, or overlines, so that any space or access to any space is impeded or limited is prohibited.
Any vehicle leaking fluid, or that does not have current license tabs or is not operational (cars with flat tires, on jacks or support or otherwise not drivable), are not permitted in any garage and must be removed or stored off-site. Failure to remove a nonoperational vehicle, or any vehicle that is leaking fluids, may result in the vehicle being towed without notice. The cost of cleaning and repairing any damaged area caused by leaking fluids or otherwise from a Resident’s vehicle will be Resident’s responsibility.
OUTSIDE PARKING LOT (if applicable)
At some properties, Residents are given assigned spaces in the outside parking lot and there is separate, designated visitor parking. Resident acknowledges that Management has the right to change any assigned space in any outdoor parking lot on 10 days’ notice for purposes of Management changing the design or arrangement of the parking lot, doing surface repair work, or to provide additional handicap parking or other designated parking as determined or changed by Management in terms of the allocation of Resident, visitor, or Management and vendor use. Vehicles parked improperly in spaces assigned to other Residents and/or visitors may be towed at the owner’s expense. Residents parking contrary to this handbook or posted rules may receive a lease violation in addition to the risk of having the vehicle towed.
If it snows over two inches, you are responsible for moving your vehicle to one of the cleared spaces. Residents will receive only one written notice for the entire winter season. Residents are not given snow removal notices with each snow event, but are expected to proactively make arrangements to remove their vehicles to allow proper plowing and clearing of the lot. If you are absent from the property, it is your responsibility to make arrangements with another family member, or neighbor, or otherwise, to move your vehicle after any snow event to allow the lot to be plowed. The snow removal contract limits the number of times a company will return to plow the lot per snowfall and will result in additional charges or higher fees, thereby resulting in higher rents. Your cooperation is greatly appreciated.
Residents may not do repair or service work on Resident’s auto, or any other auto or equipment in the parking lot. Residents, Residents’ guests, children, visitors or other may not use the parking lot for purposes other than parking a vehicle. Social and recreational activities are not permitted in any outdoor parking area. Any posted speed limits must be strictly obeyed. Any Resident driving erratically, exceeding the speed limit, or otherwise endangering other Residents, children, or vehicles, may receive a notice of lease violation or be evicted. Cars that have any fluid leaks must be removed and/or repaired at once so that fluids do not leak, stain, or damage surface parking areas. You will be responsible for any treatment or repair from fluid leakage or damage caused by your vehicle. Residents are also not allowed to wash or wax their cars in the outside parking lot. Any outside water source at a property is strictly reserved for landscaping, lawn watering or other use by Management.
Outdoor surface parking is available only for vehicles with current tabs, that are operable, and are regularly moved and in actual use. Outdoor surface parking is not available for storage. Individual properties may limit or restrict outdoor parking to use of standard vehicles and light duty trucks, and restrict or prohibit any commercial vehicles, oversized vehicles, vans or trucks that are not of standard size.
At some properties Management may add additional outdoor parking lot restrictions including, but not limited to, limiting the number of vehicles a household can park in the lot and requiring residents to display permits in order to park in the outdoor parking lot.
MAINTENANCE
MAINTENANCE SERVICE REQUESTS
To request maintenance, please notify the office and indicate the item that needs to be repaired or replaced. If the office is closed, please place your written request in the office drop box. Our goal is to provide 24-hour or next business day service, parts permitting.
In accordance with Minnesota’s right to privacy law, at Minnesota properties Management will not enter your unit to respond to a maintenance or service request without giving you 24 hours advance notice, and a timeframe for entry, unless you consent to a shorter notice or to entry without notice. In an effort to schedule maintenance response with the quickest timeframe, and potentially based on the availability of maintenance technician staff, outside vendors, or the availability of parts and equipment, Residents are encouraged to give their consent to Management when a work or service order is placed or otherwise to be able to enter at once, without any additional or 24 hour advance notice. Management may offer the option of Resident consenting to receive a text or an email or call when work can take place, without needing to give a separate 24 hour notice, to provide the most time effective response.
Generally, there is no charge for repairs and maintenance. However, if the repair is deemed to be misuse (including failure to follow the rules and guidelines of this handbook) or beyond normal wear and tear, the Resident will be assessed the cost of repair, parts and labor. Your lease and this handbook requires Residents to promptly and immediately report any repair or maintenance problem. If it is determined that a repair or service problem has become worse, such as water damage from an unreported leak or evidence of standing water or leakage from any pipe, appliance, window, ceiling, or similar, Residents may be assessed costs of additional damage for failure to timely report.
UNIT INSPECTIONS
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Preventive Maintenance
Management endeavors to conduct preventive maintenance inspections twice a year. The smoke detector(s), plumbing, and electrical items will be checked. The general condition of the carpet, vinyl, and apartment will be noted. This is a good time for you to bring any maintenance or service requests to Management’s attention. Any repairs that are noted will be either (a) addressed and repaired at that time, or (b) scheduled for a future date. Your cooperation is greatly appreciated.
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Lease Compliance
Periodic inspections are also conducted to determine that Resident households are in compliance with the terms of the lease and the provisions of this Resident Handbook. Any deficiencies noted in an inspection with regard to housekeeping, sanitation, or care and maintenance of the unit in accordance with this handbook may be a basis for noting deficiencies that Residents must correct, or for lease enforcement up to and including termination of lease, eviction, or non-renewal. If deficiencies are noted in the conditions of any unit, Management reserves the right to conduct re-inspections in addition to taking action to enforce the lease and/or terminate the lease. Failure to cooperate with Management’s inspection program including allowing reasonable access, on reasonable notice, is a breach of your lease and these rules.
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City and State Housing Authorities/HUD Inspection (If Applicable)
Based on local and state housing or code requirements, your apartment may be inspected periodically by a local or state housing agency/HUD officer, or local code official, including a staff representative, the Thies & Talle property manager, and the maintenance personnel. This inspection is to ensure that the Management company, as well as the apartment complex staff, is maintaining the property, is in compliance with applicable code regulations, or any program requirement of any local or federal assistance program, including requirements of any lending or compliance officials associated with any affordable housing program.
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Pre-Move Out Inspection
During the notice period, after Resident or management has given notice to vacate, Management shall be entitled to conduct a pre-move out inspection for purposes of determining any items of repair, maintenance, or potential renovations or replacements that might be necessary in the apartment to ready the apartment for a future tenant. At individual properties, Management may allow or make arrangements with Residents, on their vacate date, to conduct a move out inspection and advise Residents of any additional cleaning, or damage beyond ordinary wear and tear, or charges for replacement, that may be assessed against Resident on Resident’s security deposit. Move out inspection will be based on Management’s availability and scheduling during end-of-the-month move out times.
VACATING YOUR APARTMENT HOME
Your lease agreement states the notice period required in the event you intend to move. This notice is required in writing, given at the Management office, and is necessary in order that the Management may market the unit to a new Resident. During the notice period, after a notice to vacate is given, your lease requires you to reasonably cooperate with Management’s efforts to show the unit to prospects. In accordance with Minnesota law, at Minnesota properties a 24 hour notice will be given of any entry to your home for purposes of showing the apartment to prospects. Residents are encouraged to give Management consent to provide a shorter, courtesy, notice so as to facilitate the quickest efforts to allow your home to be rented to a new prospect, and to eliminate the need for continued notices of entry to prospects throughout the notice period. A failure to give Management and any prospect access after the 24 hour advance notice has been given as required by Minnesota law is a violation of your lease and could make you responsible for Management’s lost rents and damages for inability to rent, or delays in renting the apartment when you vacate.
Individuals called to active duty for more than 90 days have the right to terminate a lease provided the lease was entered into before entering active duty and the leased premises were occupied.
If a Resident is called to active duty, s/he must provide the Management with a written copy of their military orders. With this written notice, the Resident may move out thirty days after the first date on which the next payment is owed. (For example, one full month through the end of the following month without penalty.) Other federal and state laws may provide Residents with a right to terminate their lease without fulfilling the lease term or giving notice equal to the notice period. Management will honor any applicable law giving Residents a right to termination including the rights to terminate for military service, the right of a victims of violence to terminate, with that termination applying to all household members and resulting in the deposit remaining with Management, the right of a tenant to terminate in event of infirmity or any other applicable law.
Upon receipt of your notice to vacate, you will receive a letter from us that includes guidelines for cleaning and information about possible damage charges. It is a requirement of your lease, and these rules, for you to follow the steps in the cleaning guidelines, and any other move out instructions, to receive the full return of your security deposit. Failure to clean, or to remove all trash, personal property, and debris, or damages beyond ordinary wear and tear or missing property, including a failure to timely turn in all keys and access materials, is a basis for charges to your deposit. You must continue to pay all utilities that are your responsibility until the last date of your responsibility under the lease. Any unpaid utilities, or other charges owed under the lease, are grounds for deduction from your deposit. Approximately two weeks prior to vacating, a preventative maintenance inspection will be completed. Please notify the office of when you wish to schedule the final inspection/checkout.
Reminder: Your lease terminates at noon on the last day of the month. Therefore, you must have vacated the apartment by that time. Failure to comply will result in overtime charges and payment to Management of any other damages or costs incurred.
At the time of checking out, ensure that all rent and other charges due have been paid. All keys, garage passes, parking permits, etc., must be turned into the property manager. Failure to return these will result in the assessment of Management’s then applicable charges, unless otherwise stated in your lease or in the property’s guidelines for cleaning and damages. It is your responsibility to notify the electric and phone companies of your lease termination and have them stop your service as of the ending date of your rent responsibility. You are responsible for utility charges to your unit through the last date of lease responsibility, even if you move out prior to that date.
During the final inspection, notes will be made regarding any cleaning or damage that is needed and may require additional repairs/costs or replacements. These amounts will be charged against your security deposit. In some circumstances where items are damaged and must be replaced, Management may not know or be able to assess the precise amount of damage or replacement cost until a later date. In such cases, Management may note your responsibility for such costs and you will be invoiced or notified of the actual charges when they are known. (For example, excess carpet staining or odor remediation may or may not be remedied with cleaning by a professional carpet cleaner. If stains or odors cannot be removed by cleaning, you may be responsible for replacement of the damaged carpet and for Management’s loss of the remaining, standard, useful life value of the carpet caused by the need to replace the carpet early).
Per state law, “The Resident’s Security Deposit cannot be used for the last month’s rent. [Residents] who attempt to use the security deposit for the last month’s rent may be taken to court and may have to pay the landlord the amount of the rent withheld plus a penalty.”
Your security deposit will be processed and forwarded to you as per state law. You must provide our office with a forwarding address to expedite your security deposit. If you lived at a Minnesota property, your Certificate of Rent Paid will be forwarded to the noted address at the end of the year.
Thank you for your residency! We hope that you have enjoyed your time with Thies & Talle Management and please let us know if we can assist you in the future.