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Minnesota Landlord - Tenant Questions & Answers
1 Answer | Asked in Criminal Law and Landlord - Tenant for Minnesota on
Q: I need help regarding an unlawful Detainer I need to file. I want to know what to say or not say in court.

I have someone who lives above my garage. I gave him thirty days notice to vacate. I'm tired of his drunken behavior. He has not even packed. He is waiting to see what I do. I want to file an unlawful Detainer. I want him out.

Thomas C Gallagher
Thomas C Gallagher answered on Jul 27, 2019

This is not a criminal law question. It is a landlord-tenant law question.

1 Answer | Asked in Criminal Law, Estate Planning, Landlord - Tenant and Probate for Minnesota on
Q: What Minnesota law was broken if a deceased person's property was removed before 30 days had passed?

Nothing was filed in Probate. No executor nor representative was appointed. As far as I can tell, no one had a legal right to even enter the deceased person's apartment, let alone remove all property.

Thomas C Gallagher
Thomas C Gallagher answered on Jul 16, 2019

As a criminal defense lawyer, I don't know which, if any, such law exists. Perhaps it does. When someone claims a law, unless it's a criminal law I generally ask them for the Statute citation number. Then we can read it online. If the problem relates to disposition of the personal property of a... Read more »

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: My lease states management can enter at any time for any reason. Is this legal? Says nothing about "reasonable notice"

From what I can tell Minnesota laws requires "reasonable notice"

Joseph A. Gangi
Joseph A. Gangi answered on Mar 12, 2019

Landlords must respect a tenant's right to privacy. Check out section 504B.211.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I evicted a tenant over 3 months ago. I can't find a way to contact him about his stuff. What do I do with it?
Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

There are very specific laws regarding personal property of a tenant, how to handle it, etc. It is not necessarily a simple answer capable of being answered on a message board. You might consider meeting with an attorney to discuss this process in detail to ensure you do things the correct way.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Minnesota on
Q: I didn't report my income to my subsidized townhomes. They got a letter I'm working. Can I get kicked out
Thomas C Gallagher
Thomas C Gallagher answered on Aug 3, 2018

Not enough information to know, but I've had cases where my client was accused of crimes based on receiving benefits after no longer qualifying based on income.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: My lease is up June 1. My landlord already listed my home and wants to start showings. Its only March.....Can I say no?

Showings...do I have to allow it? I'm new to this state and the last state we lived in didn't require we allow the landlord to show the property. I have no problem with it, but not now while I'm in the middle of spring break, family visits and kids activities. I don't want the stress of constant... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Mar 2, 2018

The landlord may enter for any legitimate business purpose, which includes showing the property to a potential buyer, after making a good faith effort to give you notice.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Minnesota on
Q: My roommates are being very loud after 11 pm when I m trying to sleep. What can I do to make them quite?

3 of my roommates lack discipline and manners and they talk with loud voice even they are sitting 2 feet from each other which I don't understand. They sound to me like bunch of villagers where they talk loud, laugh in the middle of the night ignoring other people are trying to sleep.

Lucas Wynne
Lucas Wynne answered on Dec 19, 2017

You do not have legal recourse in this situation. You will have to move or get new roommates.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Can a owner of an apartment building evict someone who is in jail without their knowledge
Lucas Wynne
Lucas Wynne answered on Sep 28, 2017

If the tenant is in jail, you know where to send the notice.

1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: Am I obliged to pay rent after lease ends and what are consequences?

I mailed in 2 months notice to vacate but landlord says they did not receive it. I believe it's due to wrong address. Once issue was brought to my attention, I mailed in a copy of the notice 15 days before lease ends. They are saying that I must go month to month for a month

Joseph A. Gangi
Joseph A. Gangi answered on Sep 11, 2017

The answer depends on the wording of your lease, so a simple answer is just not possible at this time.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: About to close on a duplex, can I start taking applications for renters before the closing so tenants can move in after?

Can I list the units and process applications before closing on the duplex so I can have tenants in the day after closing?

Joseph A. Gangi
Joseph A. Gangi answered on Apr 20, 2017

If you enter into a binding contract, but for whatever reason you cannot perform, you may be liable for damages.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Minnesota on
Q: Is it possible for a lease to be both an at-will or month to month and a fixed term . It just seems contradictory

My lease states under the second paragraph term the initial term of the agreement is that the property is leased on a month-to-month basis starting on September 1st 15 and ending September 1st 16 my understanding is that a periodic lease or a month to month does not include a specified end date... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Apr 20, 2017

It sounds like you have a year lease and you make monthly payments. Month-to-month means you or the landlord can terminate the lease with a month notice, but if you have a contractual right to the property for a year, then it doesn't sound like you have a month-to-month lease. The outcome will of... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Minnesota on
Q: I own a housedog and trailer in t court who doesnt allow dogs. Dog stays in my house 24/7. Can I legally kp my dog?
Lucas Wynne
Lucas Wynne answered on Apr 19, 2017

Without knowing more information, it is likely that you are bound to the terms set forth by the trailer court. There may be an exception if you owned the dog (and lived in the trailer court) prior to the time the trailer court imposed the no dogs rule.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: took land lord to court 4 rent escrow. I have no lawyer and can't get help in our system. Lawyer threatened me.

There lawyer stated if I go forward with escrow he will make me lose everything. my sec8 etc..I have brain injury can't get help in our system. 6 years of health issues they will not fix problem in my unit ! Doctor statements have stated to fix issue also. Can't move no money , but issue is... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Mar 15, 2017

If you cannot afford a lawyer, contact a legal services or other legal aid agency to see if they will provide you with assistance.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: My apartment is in Fergus falls Minnesota the landlord is in north Dakota can they evict from north Dakota
Lucas Wynne
Lucas Wynne answered on Mar 13, 2017

If your question is whether your landlord, who lives in North Dakota, can evict you from an apartment owned by that landlord that is located in Minnesota, yes.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Minnesota on
Q: Get out of mobile home lot rent.

We rent a lot a mobile home we don't own sits on. The owner is deceased. We don't live there anymore. Do we have the right to "walk away" or what rights do we have? My fiance' is the next of kin to the deceased, but hasn't filed for executorship as of yet. We sign a rental agreement to... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Sep 2, 2016

If your agreement is month-to-month, you may cancel the agreement by giving notice in writing. Timing depends on when rent is due, so usually one month notice is required.

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Minnesota on
Q: should the pet policy be clearly stated in the lease agreement?

In the lease agreement it says under pets ' I may not keep any animals of any kind without the written consent of management.' I emailed my landlord asking to have a pet and she tells me her pet policy and that it'll be a $200 damage deposit. But her 'pet policy ' was never stated in the lease. I... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Sep 2, 2016

You need written consent -- but you won't get written consent without paying the $200. If you have a pet without written consent, that would be considered violating the terms of your lease and could be grounds for eviction.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Landlord says we can have a dog. Signed lease only because of this. Now he says no dog. Is this misrepresentation?

Before signing asked landlord about dogs. He said we could have dogs. That is the "only" reason we signed the lease at all. Now we are 6 months into the lease and about to pick up the dog from the breeder 2 months. We let the landlord know so that we could pay the pet deposit. But now he says no... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on Jul 22, 2016

Sounds like a reasonable argument, but do check the terms of your lease agreement, there may be a specific clause about pets and there may be a clause dealing with oral representations.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Landlord inspection but he didn't show up on the date. Can he still enter at any time the following week?

No call to say not showing up... Or reschedule.

Joseph A. Gangi
Joseph A. Gangi answered on Jul 22, 2016

He needs to make a good faith effort to give reasonable notice of his intent to enter.

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