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Minnesota Landlord - Tenant Questions & Answers
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 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: 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

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 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: Can a landlord enter my apartment If they think it is dirty without permission
John Michael Frick
John Michael Frick
answered on Feb 23, 2023

It depends on the language of your lease.

Most leases allow a landlord to enter the premises to inspect, maintain, and repair.

Some leases require advance notice to the tenant.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: Can a Personal Representative of the estate petition for eviction, or does he have to file a lawsuit for damages
Anthony M. Avery
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answered on Aug 5, 2022

With the right facts and proof, he is authorized to do either or both causes of action. Hire a MN attorney to represent you.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: May landlord wants to talk with me before I vacate. Am I able to refuse the request?
William Bailey
William Bailey
answered on Jan 19, 2021

I am not aware of any legal requirement to speak to your landlord unless there is a provision in your lease agreement that says this.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: i live in a low income building and they recently put up a black lives matter sign up would this be racism
William Bailey
William Bailey
answered on Nov 24, 2020

What is and is not racism is a matter of opinion. This isn't really a legal question.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Tenant is in Jail

The apartment is rented by a couple. Tenant A is in jail for domestic abuse, Tenant B has a restraining order. Tenant B wants to end the lease. How do I do this with Tenant A in jail?

William Bailey
William Bailey
answered on Nov 20, 2020

Your best bet is to contact a reputable firm that handles landlord/tenant matters and have them assist you.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I need to break a lease before it even starts due to COVID-19 and my job being changed to remote.

I signed a lease in April for starting in September. However, I got an email last Friday that my job was going to be move to remote for the foreseeable future due to COVID-19. I emailed them on July 29th with my two-months notice saying that I will not be moving in, however, they are stating that... View More

William Bailey
William Bailey
answered on Aug 11, 2020

It would be smart to contact someone experienced in landlord tenant law to get a clear answer on your particular situation. They would need to take a look at your lease. I do not practice in this area but know several who do.

1 Answer | Asked in Landlord - Tenant and Military Law for Minnesota on
Q: Can my military partner get out of a lease he signed while on deployment?

We live in Minnesota. His deployment started in December 2019. We signed the lease in April 2020. His deployment is done in September.

Sabra M. Janko
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answered on May 6, 2020

Under the Servicemembers Civil Relief Act, he is eligible to cancel a lease contract for a deployment of longer than 90 days. He will need to submit a request with a copy of his orders.

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.

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