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Minnesota Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Can anything be done if During the moratorium & and a judge approved eviction that wasn't crime related or unpaid rent

Water got turned off by management 2 weeks prior to being thrown out of a home I owned and judge approved after 3tries by landlord. What can be legally done

John E. Roach
John E. Roach
answered on Nov 7, 2024

Depending on when the eviction occurred, your present circumstances, and other facts involving the eviction, you may now be eligible for expungement of the eviction. Recent Minnesota legislation has made it far easier to obtain an expungement in eviction cases and has expanded the reasons that... View More

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Is it legal for a landlord to limit the amount of overnight guests I have in a month? More than 6 = violation or evicted

When I was meeting the landlord for the showing they had a tennesen agreement that they said was a requirement to move in as well as the restriction of overnight visits. I can only have 6 per month, and an overnight according to them is having anybody other than myself in my apartment from 1 a.m.... View More

Robert Kane
Robert Kane
answered on Oct 11, 2024

Yes, it legal for a landlord to limit the amount of overnight guests you have in a month. Not only does the landlord incur additional costs and expenses when additional people are living there, but at some point he becomes a tenant. His own residence would only be one factor in determining his... View More

2 Answers | Asked in Landlord - Tenant for Minnesota on
Q: I am going through eviction, why do my landlords have 9 attourneys/lawyers representing them?
John E. Roach
John E. Roach
answered on Oct 18, 2024

It is common for a firm representing a landlord (or other parties in civil litigation) to include multiple attorneys on their court filings. This is even more common in housing court, where often a firm retained by a landlord has not determined which of the attorneys will appear at each hearing.... View More

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Q: Is a contract for deed legally enforceable if it's not filed with the county, and how do I cancel one as the buyer?

CFD is through my ex-bfs brother. I wrote it up, because family and didn't anticipate this. I know that was stupid. I got an OFP against the abusive ex in April, so since he can't be here anymore, they've been trying to evict me ever since. And, refuse to buy me out. I'm not... View More

Robert Kane
Robert Kane
answered on Jun 24, 2024

I admit I do not have experience with your specific situation; and research and analysis are required. I did, however, want to comment. You ex's abuse (if proven) isn't necessary a breach of contract. Your investment in the property doesn't necessarily mean you are entitled to any... View More

2 Answers | Asked in Criminal Law and Landlord - Tenant for Minnesota on
Q: Civil case. why is multiple attorneys refuse to handle my legitimate case? $payment yes to be given?

Very strange a group home house owner stolen $10,000.00 my property only because I reasoned to move forward yes exit premises yes the move was legal yet he offered a different property (residence) no diffilculty in haveing rent payments made, legit!

John Michael Frick
John Michael Frick
answered on May 31, 2024

Given the small amount of money involved, it would not likely be worth the administrative overhead of setting up the file even if you were paying the attorney on an hourly fee basis. And it's way too small for a contingency fee. Most very small cases like this (under $15,000) can be... View More

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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Tenant wins case ,the case got dismiss, in Minnesota due to the fact, landlord receive money twice in January

The fitness remain in property. Where do they go from there as far as written survey give all notices of repairs

James L. Arrasmith
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answered on Mar 31, 2024

If the tenant won the eviction case and it was dismissed due to the landlord receiving rent payments twice in January, the tenant has the right to remain in the property. Here are the next steps the tenant should consider:

1. Request a written repair request form: The tenant should ask the...
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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I am suing my landlord. They never make repairs, and the repairs that they need to make affect health and safety.

I told them I was going to sue them, as they did not repair a window that was damaged and someone came in and sexually assaulted me. My case was accepted and is moving forward, however the day after I filed, they filed a retaliatory eviction. I see this as a jurisdictional conflict as I put in my... View More

James L. Arrasmith
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answered on Mar 5, 2024

To research cases similar to yours where there's a jurisdictional conflict due to simultaneous legal actions in different courts, focus on keywords that describe your situation. Use terms like "retaliatory eviction after lawsuit," "jurisdictional conflict in civil cases,"... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: Can I appeal a MN small claims judgement against me if I have since learned new information for a judgement in my favor?

Tenant sued me for not returning her deposit in the required 21 days. I admitted that I returned it late, however at the time of trial I didn't realize that the 21 window starts when the tenant vacated/term ended, AND tenant provides forwarding address. I looked back and she didn't... View More

Robert Kane
Robert Kane
answered on Mar 4, 2024

A Conciliation Court order or judgment can be appealed at the District (Trial) Court.

The facts are reviewed “de novo,” which means the case gets a fresh start before the District Court judge. There may be a civil trial and either party can request a jury.

To learn more about...
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1 Answer | Asked in Civil Rights, Federal Crimes, Identity Theft and Landlord - Tenant for Minnesota on
Q: Do any lawyers go up against corporations

Everything I experienced against me were literally federal crimes I’ve tried year after year to get help no one helps.. it’s all about money power and if you have niether than these corporations and legal system law enforcement court system get away with being corrupt including a fbi Agent

James L. Arrasmith
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answered on Dec 5, 2023

Yes, there are lawyers who take cases against corporations, even in instances involving complex matters like federal crimes, identity theft, and issues with the legal system. These cases can be challenging, but there are attorneys who focus on civil rights, corporate accountability, and similar... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Consumer Law for Minnesota on
Q: Is it civil discrimination if a landlord ( his company) is intentionally not doing repairs on his low income housing?

He is maintaining and hiring competent people for his properties where rent is higher and threatens to evict people who complain and fraudulent charges to keep the low income people’s deposits for bogus cleaning? Is this a Civil Class Act? He’s doing it to multiple people in the low income... View More

James L. Arrasmith
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answered on Oct 27, 2024

It sounds like you're dealing with a landlord who is neglecting repairs in low-income housing while properly maintaining his higher-rent properties. This behavior could be considered discriminatory, especially if it disproportionately affects tenants based on protected characteristics like... View More

1 Answer | Asked in Tax Law, Energy, Oil and Gas, Land Use & Zoning and Landlord - Tenant for Minnesota on
Q: Hotel City and State lodging tax over 30 consecutive days. Outdoor energy, and parking lot rules. Pet pees.

living in a hotel for 9months. I found out from another guest, after 30 consecutive days of living here, we should be exempt for paying state and city lodging tax. They continued to charge us and say we need to bring paper work from the county to prove that. Can I get a refund for that? They charge... View More

James L. Arrasmith
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answered on Aug 15, 2024

If you’ve stayed in the hotel for more than 30 consecutive days, you might indeed be exempt from paying state and city lodging taxes. You should check your local laws, and if the exemption applies, you could be entitled to a refund for those taxes. You may need to gather documentation showing... View More

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I've given a 2 month notice to end lease, but the company changed. Can they still charge me for rent after the notice?

The new company claims they didn't get proper notice even though I have given notice and have moved out of the apartment. I have returned the keys. They're wanting to charge me another months rent claiming that I didn't give proper notice.

James L. Arrasmith
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answered on Mar 26, 2024

If you have given a two-month notice as per your lease agreement and have documentation to back this up, you should be protected under most rental agreements and state laws. Ensure you have copies of the notice you provided, any acknowledgment received from the old company, and any other relevant... View More

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I was never served on a conciliation court hearing and a judgement was issued. How do I tell the judge?
Robert Kane
Robert Kane
answered on Mar 7, 2024

You will need to file and serve a Notice and Motion to Vacate Conciliation Court Judgment. The forms vary depending on when the judgment was sent. An attorney can help you for likely a minimal fee. If the judgment is over $7,500 it may be worth it.

1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: If you signed a lease but now are being asked to sign a revised lease does it void the previous lease?
Tim Akpinar
Tim Akpinar
answered on Oct 22, 2023

A Minnesota attorney could advise best, but your question remains open for three weeks. Under textbook contract law, a signed contract is a done deal, subject to exceptions. But since your contract is a lease, a landlord-tenant attorney should advise. Good luck

1 Answer | Asked in Criminal Law and Landlord - Tenant for Minnesota on
Q: If someone on an isr program breaks the rules where they live can they be asked to move immediately?

The person on the isr program was to specifically get permission to have people he knows come over. He has continuously had people coming over when I'm gone at night working and my dog apparently bit one of these people. My dog has never but anyone before. I want him out of my house Bec I... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 1, 2023

You don't indicate in your question what your relationship is to this individual. The legal issues surrounding asking them to leave - such as an eviction - are going to be different than the question of whether they are violating their supervised release conditions. I would advise you to... View More

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Does having a standing garden bed with four legs count as an alteration to the rental property? Would it be okay to have

It would be a standing garden bed in the front yard. Since you could move it, would it be against the law to have in the yard of a rental house? There is nothing in the lease about having a garden, just the generic no alterations or damages can be made to the property.

Robert Kane
Robert Kane
answered on Jun 27, 2023

I don't believe having a standing garden bed with four legs counts as an alteration to the rental property. The Eiffel Tower also has four legs and would count as an alteration to the rental property. The legal term that is the most applicable is "fixture." Why don't you just ask?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: Can a person in a resident's meeting with management. Record the meeting with out the resident's permission.
Robert Kane
Robert Kane
answered on Jun 27, 2023

Minnesota is one party consent state. So a person in a resident's meeting with management can likely "record the meeting without the resident's permission." I am not going stick my neck out and offer an absolute "yes" or "no." I would never advise a client to do this.

Eagan attorney Minnesota

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Question is about a room that I am renting from someone after only 4 days is telling me that I have to move
T. Augustus Claus
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answered on Jun 23, 2023

Generally, landlords are required to provide notice to the tenant before initiating eviction proceedings. The notice period and the reasons for eviction may vary depending on the circumstances, such as the type of tenancy and the terms of the rental agreement.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Is it a breach of quiet enjoyment if commercial landlord puts up polarizing political signs on property?

commercial landlord put up political signs for very unappealing candidates last election, possibly alienating customers of tenants who may not know it was not the tenants who put up the signs.

Robert Kane
Robert Kane
answered on May 17, 2023

You pose an interesting question. Interference with use and enjoyment of a commercial property differs from a residential property. As an initial note, the covenant of quiet enjoyment is based on possession and not nuisances (no matter how bad.) It is, in effect, an eviction. In a residential... View More

1 Answer | Asked in Insurance Bad Faith and Landlord - Tenant for Minnesota on
Q: Can a insurance company close our claim after 7 months? We had a fire at the place we were renting on 1-1-2022

We had a house fire on 1-1-22 in Aitkin, MN. We were renting and I had renters insurance and I was told by my claims adjuster I had 2 years to get them my non salvageable list. Was going to send and my claim has been closed since July 2022. Just wondering how long a claim is open for

Tim Akpinar
Tim Akpinar
answered on May 9, 2023

A Minnesota attorney could advise best, but your question remains open for two weeks. I'm sorry about the fire. In terms of Minnesota statutes of limitations to file suit, only a local attorney can advise you there. But as a general premise of insurance practices nationwide, claims can... View More

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