I am often asked how a landlord can get rid of a problem tenant.  As a preliminary matter, I tend to prefer the term "property owner" as opposed to "landlord" because saying property owner is much less pejorative and carries much less negative connotations than landlord.  The first reaction of the property owner is probably to say that I want to evict the problem tenant, but that is seldom the best course of action. Rather, the property owner wants to convince the problem tenant to leave voluntarily.

​If the property owner has no success in getting the problem tenant leave voluntarily, then the next step is really up to the property owner and what the property owner wants to happen.  Usually, the property owner either wants the tenant to pay rent or they simply want the rental premises back. That is one of the first questions that I always ask a property owner – what you want to have happen?

In the course of the meeting, the property owner and I will talk about what the property owner wants and options for achieving that goal. Actually, some options do not cost anything at all, and other options are more expensive, which is what you would expect. I only represent property owners and do not represent residential tenants. I have been helping residential property owners get rid of problem tenants since 2009.

A property owner can expect that I will charge a consultation fee of $195 for a 30 minute consultation by way of telephone, video, or in person, whatever is best for the property owner. If there is a written lease or agreement for possession of the property, I will want to see that. If the property owner has provided any notices or if there are other pertinent communications between the property owner in the tenant, I want to see those as well. In addition, I would like to see anything else that the property owner thinks is important.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Tim is teaching a free seminar for landlords and property owners about the new laws affecting the landlord-tenant relationship on Friday, August 23, 2024 at 9 AM. Space is limited, so advance registration is required. For more information and to register, please see:

us02web.zoom.us/meeting/register/tZwvc-Cspj0iGtHTKKRlgf1iZQIIIcBLdIEP

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Tim has drafted a summary of the new landlord tenant laws passed in the 2024 legislative session. Most of the new laws do not affect landlords greatly, but some of them do – they give landlords more significant responsibilities and give tenants more significant rights, and more cases in which an unscrupulous tenant can get attorney fees awarded by a judge. The summary is attached.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

The short answer is that in this day and age a landlord shall not charge a security deposit per se because of the potential financial penalties and legal hassles that the landlord can get from an unscrupulous tenant. That said, I think that landlords should charge the first month's rent and last month's rent, but they do not want to charge a security deposit subject to Minn. Stat. 504B.178.

First, I have written a blog post about how landlords should handle security deposits after a tenant moves out. All landlords (and tenants, for that matter) should read this blog post:

https://balandlaw.com/blog/how-should-a-landlord-handle-a-tenants-security-deposit-after-the-tenant-moves-out

Here is why: under that statute, the landlord has 21 days from the date that the tenant moves out (and provides their forwarding address in writing) to either return the security deposit to the tenant with interest or provide an explanation as to why all or part of the security deposit was withheld.  However, the Minnesota Court of Appeals has held that the tenant does not need to provide a forwarding address to trigger the 21 day deadline. Please see this guest blog post for more information:

https://balandlaw.com/blog/guest-blog-post-by-attorney-paul-birnberg-on-security-deposits-was-mungall-v-garry-correctly-decided

If the landlord does not meet the deadline, even by a day, or the tenant sues to question the reasons for withholding, the landlord is liable to the amount of the security deposit wrongfully withheld, double that amount as a penalty, and an additional $500 if the judge finds that the landlord withheld the security deposit in bad faith.

Because of the potential dangers and liabilities involved in charging a security deposit, I generally recommend that landlords do not charge the security deposit, and just take steps to vet their tenants thoroughly.  Charting the security deposit is not worth the hassle that it might create. Tenants have the right to sue a property owner to recover a security deposit. I would take that right away from them by not charging a security deposit in the first place.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Tim is teaching a FREE seminar on the changes to landlord tenant laws for 2024 that every landlord should be aware of. The seminar will be held by way of video at 9 AM on Friday, January 26, 2024. Advanced registration is required for this seminar. Here is the link to register:

us02web.zoom.us/meeting/register/tZYsdO6sqD8uHtL9iFmLyLEewps5FKHwt1hk

The legislature give tenants a lot of new rights and impose a lot of new obligations on landlords. You will not want to miss this seminar. Sign up now.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.​

The laws affecting landlords have been changed drastically in Minnesota. Most of the new laws are effective on January 1, 2024. I am sure that a question that is in the front of the mind of many landlords is whether a landlord should have a new lease. The short answer is that you should probably have a legal professional review your existing lease to see if it meets the requirements of the new laws, and advise you on how to make it comply if it does not. If your existing lease is really old and has been not been updated in a long time, you might want to consider having a legal professional draft a new lease for you.

Tenants have a laundry list of new rights, and landlords have a laundry list of new obligations, which I have discussed in a different  blog post:

https://balandlaw.com/blog/summary-of-new-landlord-tenant-laws-in-minnesota

I am also teaching a seminar on these changes at noon on September 8, 2023: ​​https://balandlaw.com/blog/tim-teaches-free-seminar-on-new-laws-impacting-landlords-and-tenants-in-minnesota

The question is what changes do landlords need to make to their existing leases to make them comply with the new law. What follows is a summary of the requirements for leases starting on January 1, 2024:.  More specifically, does the lease:

• contain a specific provision prohibiting the landlord from requiring pet declawing or devocalization;
• list all non-optional fees on the first page
• notify the tenant of the right to request a move in and move out inspection, the right to waive that right, and the timelines for requesting or waiving
• require the landlord to provide 24 hours advance notice of intent to enter for a non-emergency reasonable business purpose, provide that the landlord can only enter between the hours of 8 AM and 8 PM, and state that the landlord must provide an approximate window of time for entry
• provide that the rental premises will be kept at a minimum temperature of 68°F from October 1 – April 30
• provide the timelines for renewing the lease and specify the method for renewing
• provide the criminal conduct that occurs off of the rental premises is not grounds for eviction unless (1.) the conduct would constitute a crime of violence against another tenant, the tenant’s guest, the landlord, or the landlord’s employees, regardless of whether a charge was propped or condition contained or (2.) the conduct results in a conviction of a crime of violence against a person unrelated to the premises.
• permit tenants to legally possess cannabis, but prohibit tenants from smoking or vaping the same
• provide the conditions under which a tenant or “authorize” representative can terminate the lease due to the infirmity of the tenant

Like I said, landlords have a laundry list of new obligations to comply with, and would be smart to have a legal professional review their existing lease and perhaps draft a new lease based on the new requirements. Tenants do not have any new obligations – only a lot of new rights. You guessed it, I wrote a blog post on having a legal professional review or rewrite an existing lease:

​https://balandlaw.com/blog/should-a-landlord-pay-an-attorney-to-draft-a-lease-or-review-a-lease-drafted-by-the-landlord

I will be happy to meet with a landlord to review an existing lease and advise whether that lease needs to be revised, or if the landlord needs a brand-new lease.  ​Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.




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What should landlords do now that Minnesota has legalized the recreational use of marijuana? Can landlords prohibit tenants from smoking or vaping cannabis?  The short answer is yes, landlords can' prohibit tenants from smoking or vaping marijuana on the rental premises, but cannot prohibit tenants from legally possessing or ingesting cannabis. The actual answer is much more complicated than this brief summary.

The key language that landlords need to pay attention to is this addition to Minn. Stat. 504B.171:

"A landlord cannot prohibit a tenant from legally possessing, and a tenant cannot waive the right to legally possess, any cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, or using any cannabinoid product or hemp-derived consumer product, other than consumption by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product."

Although the possession and recreational use of marijuana is now permitted by Minnesota state law, those actions remain a federal crime under federal law. Section 8, housing voucher, and other federally funded programs clearly fall under federal law – in violation of the federal law would be grounds for eviction. It could be argued that federal involvement in any rental premises – be it in the form of a mortgage, a government loan, receipt by the tenants of government assistance, etc. – brings the rental premises under the ambit of federal law.

What makes the new laws difficult for landlords is that landlords are stuck between a rock and a hard place, almost literally. On the one hand, landlords can be sued for not enforcing the lease under a theory of nuisance. In other words, let's say that tenant A is smoking marijuana in their unit and the smell disturbs tenant B.  Tenant B can sue the landlord for not enforcing the no smoking provision in the lease.

The choice for landlords is  not really much of a choice. Landlords can either bring evictions against tenants who are violating a no smoking policy that they will almost surely lose because they will not be able to meet their burden of proof in the absence of criminal charges brought by law enforcement, or risk being sued if another tenant is affected. In other words, landlords are being mandated to file evictions that they will lose.  This mandate is not funded. As far as I know, there are no funds that landlords can tap into to bring an eviction that they will lose.

If a tenant decides to violate a no smoking policy, and the landlord does not have proof of that violation, a smoking gun, or a smoking joint in this case – then the landlord is faced with an impossible choice.  Landlords can either bring evictions against tenants that are violating a no smoking policy that they will almost certainly lose, or risk being sued if another tenant is affected by the violation of the non-smoking policy. As far as I know, there are no funds available for landlords to bring evictions that the landlord will lose.

I would like to think that this does not happen very often, but I have heard anecdotally from many landlords otherwise, that they have a tenant who they know is smoking pot (I always ask, "how do you know? The reply is, "Because I can smell it.")  What the landlord has is a suspicion, but either one would not like to bring an eviction based solely on a landlord's smell.

The question arises of whether a tenant with medical authorization to use marijuana can request a reasonable accommodation, and whether the landlord will be liable for not granting that accommodation, much like the process for requesting a reasonable accommodation to a "no pets" policy based on the need for a companion animal.  This is an interesting question, but beyond the scope of this blog post.

Because of the new laws impacting landlords and tenants, I am recommending that all of my clients offer only month to month leases, so that a landlord can give notice to vacate and then evict based on that notice, which is much more solid of a ground for eviction then the wishy-washy smell.

​Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Tim is teaching a free seminar on new laws affecting landlords in Minnesota.  More specifically, we will talk about new requirements for leases, new requirements for evictions, and more obligations imposed on landlords.

The seminar will be held on Friday, September 8, 2023 at noon by way of video.  Space is limited, so advance registration is required. To register, please visit:

https://us02web.zoom.us/meeting/register/tZUtdu-pqj0uG9MCmX3tr2YD2kKI6b9JiKLp

​Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Thanks!

The Minnesota Legislature passed, and Gov. Walz signed, what have been heralded as "groundbreaking" changes in landlord-tenant law. I have prepared a comprehensive summary of the changes, and you can read that summary here:

Most of the newly enacted laws take effect on January 1, 2024. However, landlords of public housing units should take note of the change that is effective on August 1, 2023. All landlords – and attorneys who represent landlords, for that matter – should become very acquainted with the changes.

​Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Tim is teaching a free online class on bankruptcy this coming Friday, May 12, 2023 from 9 – 10 AM.  In this class, we will cover the different kinds of bankruptcy that are available to you depending on your situation. In addition, all attendees will receive a complimentary bankruptcy evaluation. In other words, you will find out if bankruptcy is right for you.

Space is limited, so advance registration is required. To register, please visit:

https://us02web.zoom.us/meeting/register/tZcvdO6vqzwuGtIeJIwflYBhnMez2xf-P8x7

Baland Law Office, P.L.L.C. represents consumer and small business debtors in both Chapter 7 and Chapter 13 bankruptcy proceedings. Please note that only individual debtors can file for Chapter 13 bankruptcy relief, but not businesses.  Please call (763) 290-0445 to schedule an appointment to discuss your situation today and find out whether declaring bankruptcy is the right option for you!

DISCLAIMER: Baland Law Office, P.L.L.C. is a debt-relief agency, and Timothy H. Baland, Esq. is a debt-relief agent.  We help people like you to obtain bankruptcy relief.

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Tim is licensed only in Minnesota, and only able to provide information relevant to debtors in Minnesota. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.