Five Common Minnesota Landlord-Tenant Law Questions
What happens if I fall behind on rent?
Your rent payment and the day that it is due are set by your lease. The due date is generally the first of the month, although this may not always be the case. Additionally, your landlord may choose to provide a “grace period” where late rent can still be accepted. The existence of a grace period is not required by law, and a landlord may begin evictions proceedings as soon as rent is past due.
If your landlord chooses to evict you after you fall behind on rent, you can expect to receive an eviction summons with a court date. It is important to attend this court date as well as contact a Minnesota landlord-tenant attorney to help you understand any defenses that you may have. If the landlord is successful in the eviction proceeding, you may be forced to leave your home with little notice. Although this may seem harsh, there are many defenses that may apply to your situation. Additionally, if you are able to pay rent in full prior to the hearing, the case may be dismissed.
My landlord refuses to make repairs, do I need to keep paying rent?
The short answer to this question is yes. However, instead of paying the rent to your landlord you may choose to commence what is called a “rent escrow action.” In a rent escrow action, you can pay the rent that is due to the court. The court will keep the rent in escrow until the landlord establishes that all necessary repairs are made. This can put pressure on a landlord to complete the necessary repairs. It is important that you make sure to notify your landlord in writing of all repairs and that you take action promptly if your landlord fails to do so. If you simply withhold rent payment and do not file it with the court, your landlord may choose to bring an eviction action.
Can my landlord charge me a late-fee if I pay my rent late?
Yes, a landlord may charge you a late fee. However, this late fee is subject to requirements under Minnesota law. Specifically, your lease must set out the timing and amount of such a fee. Additionally, the late fee may not be over 8% of the overdue rent payment. If your landlord has charged you a fee over 8% or has charged you without authorization in the lease to do so, you should contact a Minnesota landlord-tenant attorney.
I want to leave my lease, how much notice do I need to provide?
The length of your notice depends on what sort of lease you have. Term leases are the most common type of lease agreement and generally you must pay for the entirety of the term regardless of when you leave. Landlords and tenants can contract differently in the lease by including a “break-lease” clause, but, in general, the lease will end only at the end of the term. Term leases may also include specific language regarding the end of the lease. Many term leases convert to “month-to-month” leases at the end of the term, meaning that if you wish to end the lease you must provide at least one month’s notice prior to leaving.
If your lease is a month-to-month lease, it is important to provide proper notice. Notice must be given at least one full rental period prior to leaving. This means that if your lease period begins on the first of the month, you must provide notice of your intention to leave prior to the first of the month before you intend to leave. For example, if you wish to leave on June 1st, your notice must be provided before May 1st. If you miss the deadline for notice, even by a day, your notice is void and must be resubmitted in order to be valid.
Does my landlord have to store the property I left in my house or apartment?
If you have been evicted from a property and have left property behind, your landlord has the obligation to store the property until it has been presumed abandoned. This means that the landlord must take reasonable care of any property still in the house or apartment until you return or until it is clear that the property has been abandoned. Generally property is considered abandoned if it has not been claimed within a month after the tenant was evicted.
If the tenant wishes to recover the property, the landlord generally must return it to them. However, if the landlord was required to move the property to a storage facility or other place away from the premises, the former tenant must pay the landlord for the reasonable costs of transport and storage of the property. If the tenant pays those costs, the landlord must release the property to them.