Tim is teaching a FREE seminar/CLE on evictions and landlord-tenant law. The seminar is called "What Every Landlord Needs to Know," and and will be held on Thursday, December 15, 2016 at 9 AM at Tim's office, 2140-4th Ave., Anoka, MN 55303

From the course description:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.

ATTORNEYS: One standard CLE credit has been applied for.

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

https://www.eventbrite.com/e/what-every-landlord-needs-to-know-about-evictions-security-deposits-abandoned-tenant-property-and-tickets-29863493513

I am often asked what a landlord should do is a tenant dies.  If a tenant dies and was not married, I generally recommend that a landlord bring an eviction action against that tenant by name, and against the estate of that tenant, if only to get the rental unit back. That way, the landlord will have the legal right to rent the unit again and dispose of any personal property remaining there.

In the event of the death of a tenant, the landlord has three primary concerns: what happens to the lease, dealing with the tenant's personal property, and dealing with the security deposit. I will now address each of these concerns in turn.

Lease

What happens to the lease upon the death of a tenant is governed by Minn. Stat. 504B .265. Basically, the lease continues in force, until the landlord or the tenant (or the tenant's estate) provide notice that the lease has terminated.

The statute provides that either the landlord or the tenant can terminate the lease by providing written notice at least 60 days in advance. In other words, the notice must be given at least two full rental periods in advance. For example, notice given sometime in the month of September actually terminates the lease as of the end of November, and the tenant's estate is on the hook for rent from the date of the notice through the end of the lease.

However, the tenant's estate remains liable for unpaid rent and other amounts due and owing under the lease through the date of the lease termination. The landlord still has to deal with the deceased tenant's personal property as well as the security deposit, but can sue the tenant's estate in conciliation court for the amounts due and owing under the lease, including unpaid rent, unpaid utilities, and damages to the rental unit beyond ordinary wear and tear.

Personal Property Belonging to the Deceased Tenant

The landlord has the duty under Minn. Stat. 504B.271 to secure the tenant's property. This can be most easily accomplished by either changing the locks, if the property is going to be stored in the unit, or moving the property to a no other secured location on site, such as a lockable garage.  Once it becomes apparent to the landlord that the tenant has abandoned the property, the landlord has to secure it, as described above. The landlord has to store the property for 28 days if the property is to be stored on site.

After the property is secured, the landlord has to conduct an inventory of the property. The easiest way to do the inventory is to take digital photographs or a video of the property, accompanied by a list describing the specific items. Big-ticket items, such as a television, should be listed separately, but general categories are okay for other items, such as furniture, electronics, clothing, etc.

The landlord has to mail a copy of the inventory to the tenant (or the estate of the tenant at the tenant's last known address), which is probably the apartment. I recommend posting a sign on the door indicating that property appears to be abandoned to the landlord, the landlord has secured the tenant's personal property and that the landlord may be contacted to set up an appointment to provide access.

The landlord should only provide access to the personal property of a deceased tenant to someone who is named as a personal representative in the tenant's will.   If the tenant died intestate – that is, without a will – I would be very cautious about providing access to the property to a person who is not named or has been appointed as a personal representative. After all – the landlord does not want to be liable to the tenant's estate for improperly disposing of the tenant's personal property.

For more information on dealing with a tenant's personal property, please see my previous blog post on the subject:

http://www.balandlaw.com/3/post/2016/02/what-should-a-landlord-do-with-personal-property-that-a-tenant-leaves-behind-when-the-tenant-moves-out.html

Security Deposit

Security deposits in Minnesota are governed by Minn. Stat. 504B .178. The landlord has to return the security deposit to the tenant within 21 days after termination of the tenancy, with interest, less the amount of damages to the landlord beyond ordinary wear and tear.  When a tenant dies, the security deposit becomes the property of the tenant's estate. The landlord should return any deposit remaining, with appropriate interest, to either the named or appointed personal representative or to the estate of the tenant at the tenant's last-known address, which is probably the rental unit.

For more information on dealing with the security deposit, please see my previous blog post on the subject:

http://www.balandlaw.com/3/post/2016/02/how-should-a-landlord-handle-a-tenants-security-deposit-after-the-tenant-moves-out.html

The death of a tenant presents a complicated situation to the landlord, and every landlord-tenant situation is unique. For that reason, 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 763-450-9494 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) 450-9494 to set up an appointment to discuss your situation.

Tim is teaching at the third annual Residential Landlord Law seminar sponsored by Sterling Education Services. The seminar will be held on Tuesday, December 6, 2016, starting at 8:30 AM, and will be held at The Tuscan Center, 3333 West Division #116, St. Cloud, MN 
320/251-2393 Tim is scheduled to teach the sessions on the eviction process, collecting back rent and damages, and ethical considerations in landlord-tenant law.

Here is a description of the program from the brochure:

This is my second time teaching at the seminar, and I am really excited at the opportunity to share my knowledge with other attorneys, landlords, property managers, and anybody else who attends.  Please contact Tim directly for a special promotional code that will get you a $50 discount off of the standard rate when registering.

For more information, or to register, please visit: http://store.sterlingeducation.com/seminar/16MN12326-Residential-Landlord-Tenant-Law-Rentals-and-Remedies-St-Cloud-MN

Thanks!

I am often asked whether a landlord should accept rent from a tenant after starting an eviction against that tenant. The short answer is no, probably not – unless the landlord has language in their lease that allows the landlord to proceed with an eviction even if the tenant makes a partial payment.

By accepting a partial payment when the landlord knows that the tenant actually owes more or has violated the lease in other ways, the landlord waives the right to bring an eviction against that tenant for those reasons.  The "magic language" that needs to be included in a lease for the landlord to accept a partial payment is found in Minn. Stat. 504B.281, subd. 1 (C):

The above language should be included in every lease, so that the landlord cannot bring an eviction action, even if the landlord accepts partial payment. If the above language is not included in the lease and the landlord accepts a partial payment, then a judge is likely to dismiss the eviction and award the tenant $200 in costs pursuant to Minn. Stat. 549.02, subd. 1. This means that the landlord will have to pay $200 to the tenant if the eviction is dismissed.  As such, a landlord should not accept a partial payment unless the "magic language" is in the lease.

After the landlord starts an eviction against a tenant for nonpayment of rent or for any other reason, the landlord should not accept partial payment. Indeed, the landlord should only accept payment in full of the amounts owing, plus the filing fee and the cost of service. Failure to do so risks dismissal of the eviction, and a judgment against the landlord in favor of the tenant for $200 in costs.

The question becomes what should the landlord do with a partial payment, whether that payment is made by way of cashier's check, money order, personal check, or cash? The answer is that the landlord must return the partial payment to the tenant. I would recommend that the landlord enclose a letter to the tenant stating that the landlord cannot accept partial payment, can only accept payment in full, and provide the total amount due and owing. If the tenant makes a partial payment by way of cash, the landlord has to give the tenant a receipt for the cash, return it in the same way (although I would recommend returning it personally to the tenant), and get a receipt from the tenant that the cash has been returned. Getting a receipt will avoid the key-said she-said in court.

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 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. 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) 450-9494 to set up an appointment to discuss your situation.

I am often asked what a landlord should do is a tenant wants to have a companion animal. The short answer is that the landlord needs to be very careful. After all, the landlord does not want to violate and be subject to the civil penalties of the Americans with Disability Act and the Fair Housing Act.

Typically, the lease prohibits the tenant from possessing pets in the rental property, but the tenant makes a request for reasonable accommodation, either through a letter from a doctor or other mental health professional or through a letter or note from the tenant. In the letter, the landlord is asked – as a reasonable accommodation – to allow the tenant to have a pet in the rental property, despite the prohibition on pets in the lease.

To make a request for a reasonable accommodation under the law, the tenant must:

1. Show that they have a disability;

2. Request a specific change in the rule; and

3. Explain how this change is necessary to accommodate the disability in order to make the housing accessible, to fully use the home, or to reduce the negative effects of the disability.

Homeline, The Landlord's Guide to Minnesota Law, p. 35, [publication date unavailable].

The landlord's duty to take action is not triggered unless and until the tenant submits a request for reasonable accommodation that meets the requirements of the law's criteria.  Id. however, I would generally encourage landlords to err on the side of caution and construe a request for a companion animal reasonably.

It is important, for purposes of determining whether a tenant has made a request for reasonable at accommodation, to differentiate between service animals and companion animals.  "Service animals are dogs or on other animals [that have been trained by a certified training agency and] meet certain certifications. A companion animal does not have to be certified and can be almost any type of animal."  Id.

Landlords have to be very cautious and make sure to follow the law when addressing a request for reasonable accommodation. I do not think that any landlord would want to be exposed to the potential liability that can come from violating the law and discriminating against a tenant.

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 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. 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) 450-9494 to set up an appointment to discuss your situation.

Tim is teaching a free seminar/CLE on evictions and landlord-tenant law, including security deposits and abandoned tenant property. The seminar will be held on Thursday 10/6/16 from 9 AM – 10 AM at Tim's office, 2140 – 4th Ave., Anoka, MN 55303.

Here is the official description of the seminar:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.

ATTORNEYS: One standard CLE credit has been applied for.

Space is limited, so advance registration is required. For more information and to register, please visit https://www.eventbrite.com/e/what-every-landlord-needs-to-know-about-evictions-security-deposits-abandoned-tenant-property-and-tickets-27957113479

Alternatively, you can also call Tim directly at 763-290-0445 to register.

Thanks!

I am often asked what a landlord has to do to evict a tenant. The short answer is that, in Minnesota, the landlord must follow several specific steps in order to bring an eviction action in court.

Before a landlord files an eviction action, however, I recommend that the landlord try to talk to the tenants and resolve the dispute informally, without the need to go to court. After all, the tenants might agree to pay the back rent or move out within a reasonably short period of time. However, if the landlord and tenants cannot work things out on their own, then the landlord might need to go to court to get the tenants out.

An eviction action is all about who has the right to be in possession of the premises.  "Right to possession" means who has the right to occupy the premises, whether the premises is an apartment in an apartment building, a lot in a mobile home park, a townhome, a standalone house, or a commercial space, such as a warehouse or office building . By reason of their lease, the tenants have the right to be in possession, but if the tenants are violating the lease by not paying rent or for some other reason, then the landlord has the right to evict the tenants to regain possession.

Once the landlord has decided to bring an eviction against the tenants, the landlord must draft, file, and serve an eviction action complaint in District Court, get the summons back from the courthouse, serve the summons and complaint on the tenant within 7 days of the date of the hearing, and appear at the hearing. If necessary, the landlord also has to get the writ of recovery (the document that orders the sheriff to remove the tenants) from the courthouse, take it to the sheriff, and called the sheriff to schedule a physical move out if the tenants do not vacate within 24 hours of being served with a writ.

Serving an eviction is tricky. The landlord cannot personally serve the eviction summons and complaint, but must have somebody who is not a party to the action and over the age of 18 serve it. The summons and complaint must be served on the tenants within 7 days of the date of the hearing. That means that the summons and complaint must be served one full week before the hearing date. If the landlord tries to serve the tenants on 2 occasions, once after 6 PM, then the law provides that the landlord can post service of the eviction summons on the door of the premises.  If you have to post, I strongly recommend that you research the requirements for posting beforehand. There are several detailed and necessary steps that you must take for posting, or you risk in validating your service.

If the leased premises are owned by a corporation, a limited liability company, partnership, limited partnership, or some other business entity, then that entity must be represented by an attorney in District Court. However, if the landlord personally owns the premises as an individual, then the landlord can represent himself or herself in District Court. Still, I think that any landlord would benefit from being represented by an attorney.

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 763-450-9494 to discuss their unique situation. The first thing I will ask you is what you want to have happen because, ultimately, the landlord is in control. 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) 450-9494 to set up an appointment to discuss your situation.

I am often asked what is different about a manufactured home eviction in comparison to a regular eviction from residential property. Typically, the resident of the manufactured home park owns the manufactured home in which they live, but leases the  land – commonly called a lot – occupied by the manufactured home. The short answer is that the process is largely the same, but there are some specific requirements – and only limited reasons – why a tenant can be evicted from a manufactured home.

Evictions from a manufactured home park are governed by Minn. Stat. Ch. 504B and Minn. Stat. Ch. 327C .320 7C .09 list the only reasons why a resident of a manufactured home park can be evicted:

1. Nonpayment of rent or utilities;

2. Violations of law;

3. Rule violations;

4. Endangering or substantially unknowing other residents;

5. Repeated serious violations of lease or ordinance or state law/rule;

6. Material misstatement in application; and

7. Specific improvement that the park owner plans to make that necessitate the eviction of the resident.

Most of these reasons why a resident of a manufactured home can be evicted require the landlord to provide some sort of notice and opportunity to correct the violation. For example, if a landlord wants to bring an eviction action based on nonpayment of rent or utilities, the landlord has to provide the resident of the manufactured home park with a 10-day notice, and give the resident 10 days to correct the nonpayment before the landlord can bring an eviction. For other violations, the landlord typically has to give a 30 day advance notice before bringing an eviction, but the amount of time in the landlord's rights and responsibilities vary.



For all of these reasons, the landlord should consult with an attorney who focuses on evictions, landlord-tenant law, and manufactured homes before taking any action. To that end, I invite landlords to give me a call at 763-450-9494 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) 450-9494 to set up an appointment to discuss your situation.

I am often asked how long a landlord should give the tenant who is not paying rent before bringing an eviction. The short answer is that, in Minnesota, the landlord should bring an eviction action as soon as the rent is late.

I am often asked what the landlord should do if the tenant either brings a rent escrow or tenant remedies action, or otherwise complains about the condition of the property. Sometimes, the tenant request a particular repair, and then complains about how long it is taking to make that repair.

The short answer is that the landlord should consult with an attorney experienced in rent escrow or tenant remedies actions. I will talk about each in the rest of this article, but suffice it to say that the landlord should make repairs affecting the habitability of the property as quickly as reasonably possible. Under Minnesota law, the landlord has promised to provide a habitable place for the tenant to live. The landlord's duty of habitability is sometimes called the covenant of habitability.  In practice, this means that the landlord must make sure that the rental unit is safe and has a working front door and lock, and that the heat, hot and cold water, stove, plumbing, and electrical are all safe and functional.

The tenant can request repairs, and for big ticket items affecting the covenant of habitability I recommend that the landlord make those repairs immediately. For example, if a tenant complains about lack of heat in winter, the landlord should fix the problem right away. A tenant might also complain about items that do not affect the habitability of the unit. For example, a tenant might complain about an interior door that is off of its hinges.

I am not saying in any way that the landlord has to pay for damages caused by the tenant. If the tenant damages a unit (say, by punching a hole in the wall), and then request a repair, the landlord should still make that repair, but the time and materials necessary to effect the repair should be put on the tenant's account statement as damages beyond ordinary wear and tear.

A tenant has three basic options when it comes to addressing issues caused by the landlord's failure to make repairs. For this reason, I recommend that a landlord make repairs as soon as possible. The first two options are related – a tenant could bring a tenant remedies action, or emergency tenant remedies action to force the landlord to make the requested repairs. The third option is that a tenant could bring a rent escrow action.

In an emergency tenant remedies action, the tenant only has to give the landlord 24 hours advance notice of the tenant's intent to bring an emergency tenant remedies action. The judge might issue an order immediately requiring the landlord to either make repairs, put the tenant up in a hotel, or something else. Typically, however, the matter will be set for a hearing to determine if repairs need to be made.

In a regular tenant remedies action, the tenant is again asking the judge to order that the landlord complete repairs, but the rental unit must be inspected by a governmental inspector, the landlord has to of been notified of the repairs needed and the tenant's intent to bring a tenant remedies action at least 14 days in advance of the tenant bringing a tenant remedies action, and had a "reasonable" time to complete them.

The tenant might also bring a rent escrow action, but the tenant must notify the landlord of the needed repairs at least 14 days prior to bringing the rent escrow action. In a rent escrow, the tenant deposits rent into court (in other words, into escrow) and seeks to have rent abated – that is, reduced – for having to live with the lack of repairs until the repair is made.  In a rent escrow action, I generally recommend that the landlord file a counterclaim for possession, but this is not an appropriate action in all cases, especially when the tenant has deposited the full amount of rent into court.

Still, a landlord does not want to get to a point where a tenant either brings an emergency tenant remedies action, a tenant remedies action, or a rent escrow action. For all of these reasons, I generally recommend that the landlord make repairs promptly, especially if those repairs affect the habitability of the unit.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in tenant remedies actions, rent escrows, and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 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) 450-9494 to set up an appointment to discuss your situation.