In today's world, it is almost too easy for a landlord to find a free lease on the Internet or purchase a lease either online or in a store. A Google search on "Minnesota Lease Agreement" retrieved about 774,000 results (0.55 seconds) The problem is that such leases tend to be drafted very generally, and do not adequately protect the landlord's rights under Minnesota law.
For example, without specific language in the lease, the landlord cannot bring an eviction after accepting a partial payment of rent. Suppose that rent is $1000 per month, but that the tenant has not paid rent for 2 months and owes $2000. Normally, the landlord could bring an eviction based on the nonpayment of rent, but if the landlord has accepted a partial payment – say, $500 – from the tenant, then the landlord is unable to evict unless specific language is in the lease.
Minnesota law tends to favor tenants and not landlords. However, a lease agreement can be drafted in such a way to protect landlords, and maximize their advantages under the law. That is why I generally recommend that a landlord pay an attorney to draft a lease – just so that the landlord can protect themselves under the law. Even if the landlord finds a "free" lease on the Internet or elsewhere, I would recommend having an attorney review that lease to make sure that it comports with the requirements of the law in Minnesota and adequately protects the landlord's rights.
Paying an attorney to draft for review a lease is relatively inexpensive, but the cost of having an agreement that is open to challenge can be expensive, especially if that agreement has to be defended. I do not want to be glib, but a landlord can choose to pay a little bit now or pay more later. If a landlord attempts to evict a tenant and there is a question about the validity of the lease, the tenant will almost undoubtedly request a trial.
If that happens, the landlord should expect to pay an attorney to handle the trial – which will be considerably more than the cost of having a lease drafted or reviewed by an attorney in the first place. For this reason alone, I would encourage every landlord to either have an attorney draft a lease or review a lease drafted by the landlord.
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. I DO NOT REPRESENT RESIDENTIAL TENANTS. 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.