Landlord & Tenant Law

Sublease

Subleasing is having someone else take over a tenant's rights and obligations under a lease before the original lease expires. The tenant has a right to sublet a unit if the lease does not prohibit doing so. If the new tenant does not pay rent, damages the unit, leaves before the lease expires, or breaches another condition of the lease, the landlord can hold the original tenant responsible. The original tenant can then sue the new tenant for those costs.

Access and Boundary Development

Access and boundary disputes between property owners can be small, such as neighbors wanting to build a fence together, or they can be complicated, such as one property owner wanting to build a building on the property that blocks the view of his or her neighbor.  Boundaries to a piece of property are spelled out in the deed.  Before erecting any structure on your property, whether it is a fence or a barn, you will want to ensure the accuracy of the boundaries listed in the deed.  If you build in the wrong place or misinterpret the boundaries of your property, a neighbor could ask for you to stop building your structure or ask a court to have you tear it down.  Building a structure that encroaches on your neighbor’s property can have expensive consequences.  At Klun, we can help you research boundaries of your property or a piece of property you intend to purchase.

Other related areas of Law Our Minnesota Real Estate Attorneys / Lawyers specialize in are Real Estate Law - Construction Law - Zoning & Land Use - Forclosure Law - Landlord & Tenant Law - Commercial Real Estate Law.

Rent Abatement

A rent abatement action is a lawsuit that a tenant can bring to get his or her rent lowered. Before bringing a rent abatement action, the tenant should try to work with the landlord to have problems fixed. In court, a tenant must prove that a serious problem exists that affects the safety, health, or fitness of the dwelling as a place to live. Minnesota law is unclear on how much the tenant has a right to recover, but he or she may recover the difference in value between the unit if the landlord had made repairs and the present value or the extent to which the tenant's enjoyment of the unit is decreased by the problem. A rent rebatement action may be brought in conciliation court if the tenant's claim is for less than $7500.

Eviction

Under no circumstances can a landlord forcibly remove a tenant from rental property. In order to get a tenant out of a rental unit, the landlord must bring an unlawful detainer action against the tenant in state district court. Legitimate grounds for bringing an unlawful detainer action include nonpayment of rent, breach of a lease, or refusal to leave a unit after the tenancy expires.

The landlord must file a complaint against the tenant in district court and have someone serve the tenant with a summons at least seven days before the court date ordering the tenant to appear in court. The landlord cannot personally serve the summons. A hearing takes place within 7 to 14 days after the court issues the summons. At the hearing, each side has an opportunity to present its side of the story and the judge delivers an opinion. If the tenant does not show up to the court on time, the judge can order the tenant to move immediately. If the judge decides the tenant has no legal reason for refusing to leave the property, the judge orders the tenant to leave and can order the sheriff to force the tenant out.

If the sheriff has to perform the eviction, the tenant's property can be stored on-site or in a warehouse. If the property is stored on-site, the landlord must prepare an inventory of the items and mail it to the former tenant at his or her last known address. The tenant has 60 days to request the return of the items in writing. The tenant then has 48 hours to retrieve the items without any fee or charges. If the items are stored off-site in a warehouse, the former tenant is responsible for all transfer and storage fees. In either case, after 60 days, the landlord can sell the tenant's personal possessions. Regardless of where the items are stored, the former tenant does not have to pay back rent, security deposit, or late charges as a pre-condition to getting the items back.

Tenants enjoy a number of rights, even if those rights are not specified in the rental contract.

Tenant's Remedies Act

Under the Minnesota Tenant's Remedies Act, a tenant can sue a landlord for a health or housing code violation, a violation of the landlord's obligation to keep the unit in reasonable repair, or a violation of an agreement or term of the lease. Before going to court, the tenant should talk to the landlord and give him or her an opportunity to correct the problem. If the landlord does not correct the problem and there are local inspectors, the tenant should contact them, as described above. A written report from an inspector will describe the problem and give the landlord a number of days to fix it. If there are no inspectors, the tenant should give the landlord written notice of the problem at least 14 days before filing a lawsuit. If the required amount of time passes and repairs have not begun, the renter can bring an action in state district court.

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