LANDLORD TENANT LAW 101 Presented by Legal Services of Northwest Minnesota

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1 LANDLORD TENANT LAW 101 Presented by Legal Services of Northwest Minnesota

2 WHO IS A TENANT? Gives consideration for housing Mobile Home Lots Assisted Living MN Stat. 504B, 327C, 144D&G

3 APPLICATIONS/TENANT SCREENING LL may only take application fee if an available apartment Provide name/address/ telephone number of screening agency Return money not used for screening Check criminal, rental, & credit history (use free resources)

4 ILLEGAL DISCRIMINATION Minnesota Statutes Chapter 363A Gender* Marital Status* Disability* - change rules/allow modifications - modifications at T s expense Public Assistance* (Includes Rental Assistance) Sexual Orientation* Familial Status Not if owner occupied building containing four or fewer dwelling units Not if housing for elderly persons * Unless Owner-Occupied Dwelling Race Color Creed Religion National Origin Age (St. Paul only)

5 LEASES Oral v. Written Periodic Fixed/Definite Term

6 COMMON LEASE PROBLEMS Law wins in Law v. Lease (Saying it in the lease does not make it true) Tenants cannot waive Due Process Late Fees (reasonable/not penalty) Security Deposit (Walk-through solution) Privacy Shared-Meter Issue Find a Good Lease* * (Lease approved by attorneys for landlords and tenants)

7 LANDLORD DUTIES Provide a copy of lease (504B.115) Maintain Premises (504B.161) Fit for use intended In reasonable repair Up to code Not allow certain Criminal Conduct Follow Lease/Laws/Local Codes Quiet Enjoyment

8 OTHER LANDLORD DUTIES Yard Maintenance/Snow Removal Unless separate written agreement which Provides Tenant separate/adequate consideration Provide Certificate of Rent Paid (CRP)

9 TENANT DUTIES Pay Rent No Unlawful Conduct under 504B.171 Drugs, prostitution, stolen property, unlawful guns Follow Lease Agreement

10 TENANT RIGHT TO PRIVACY Right to Privacy (504B.211) LL must give reasonable notice Entry for Reasonable business purpose Give specific time frame (purpose of rule)

11 OTHER TENANT RIGHTS Right to call Police and Emergency Assistance (504B.205) Right to have guests Guests may use and enjoy premises as tenant would, but not in violation of lease/law Created by common law Tenant responsible for guest actions Lease often defines time limits

12 Repairs Do not just stop paying rent Rent escrow action Emergency Tenants Remedy action for water, heat etc. Both require notice (14 days/24 hours) Then can file court action

13 FORCING A TENANT TO MOVE The only legal way that a landlord or property manager can force a tenant to vacate a rental unit is by filing an Eviction Action in Court and obtaining a Writ of Recovery.

14 TERMINATING A LEASE Eviction v. Termination Notice Good Cause for certain subsidized house Good Cause for Mobile Home Lot No Retaliation Allowed No Lockouts/Unlawful Exclusion Crime under MN Stat. 504B.225 Civil Penalties for Lockout

15 FILING AN EVICTION Filing Fee (unless IFP) Attorney/Sec. of State Registration Specificity of Complaint Burden of Proof on LL T s Right to Redeem

16 REASONS FOR EVICTION Failure to Pay Rent ACTION Violation of 504B.171 (The Big Four No-No s) Failure to Move After Receiving Proper Notice Breach of the Lease

17 EVICTION PROCESS Filing Complaint Against Tenant Serving Tenant with Complaint Pre-hearing Negotiation Court Hearing Timeline (7 days) Procedures Judge s Decision Dismiss (Tenant Wins) Writ of Recovery (Landlord Wins) 7 days to move or 24 hours

18 SECURITY DEPOSITS Return w/in three weeks of tenancy termination or five days of condemnation (or send statement w/basis for w/holding) May withhold money for Unpaid rent and other unpaid monies legally due under lease Damages beyond ordinary wear and tear Does not include other general cleaning fees -not even carpet Penalties for wrongful withholding Double the amount wrongfully w/held plus double the interest wrongfully w/held $200 penalty for bad faith withholding

19 Housing Myths I cannot get evicted because I have children I am disabled It is a holiday It is winter Cold Weather Rule November 15-April 15 three days notice T is moving to prevent pipes freezing Get good advice!

20 KNOW YOUR RIGHTS For more information, you may visit:

21 QUESTIONS? Thank you! Anne Hoefgen Legal Services of Northwest Minnesota