If you own a condominium unit in the Minneapolis/St. Paul area and have great plans to rent it out for the Super Bowl LII, beware. Many Association’s are warning their owners of steep penalties if the units are rented for this event and you may jeopardize the ability for your condominium project to qualify for FHA financing. Read this article and learn more: http://minnlawyer.com/2016/05/16/some-condo-associations-move-to-block-super-bowl-rentals/
Don’t surf the internet to get your lease if you are a Minnesota landlord. There are a number of specific statutes in Minnesota which require certain language within your lease. Be safe, call a lawyer and get the right form. It is cheaper to do that on the front end then pay for a lawyer when fighting over your lease terms on the back end.
If you are contemplating moving out and converting your home into rental property in the Minneapolis/St. Paul area, you will want to check with your local city or municipality to see if you need to get a license and if you need to apply to convert your home for that use. Some cities will charge a “conversion fee” to change the use of your property to a rental.
If you have a Minnesota residential lease which has language allowing your landlord to recover their reasonable attorney fees and costs associated with enforcing the terms of the lease, be aware that Minnesota Statutes Section 504B.172 will allow the tenant to recover THEIR attorney fees if the tenant prevails in “the same type of action, under the same circumstances, and to the same extent as specified in the lease for the landlord”.
This change in Minnesota landlord/tenant law went into place for leases entered into after August 1, 2011 and for leases renewed on or after August 1, 2012.
If you have questions about your rights as a residential tenant in Minnesota, you may want to contact Homeline at www.homelinemn.org, a non-profit organization advocating for tenants. You can always call our offices as well.
One of the things we all think is true is that a Minnesota landlord must give a tenant a 30-day written notice to vacate at all times. Beware, however, that if you have a specific lease term with a specific end date, the landlord may not have an obligation to provide you a written notice prior to that end date. The lease language will control over what, if any, notice a landlord must give. If you are a “hold-over” tenant, meaning you have continued to live in a unit past the date of your original lease term without entering into a new lease, THEN there will be an obligation of the landlord (or tenant) to give a 30 day written notice to end the lease term. Here is a link to the Minnesota Attorney General’s website about the kind of notice required:
www.ag.state.mn.us/consumer/housing/lt
Always remember, a lease is an enforceable contract. Read and fully understand all the terms of the lease before signing and if you have questions, contact an attorney…of course preferably me.
Here is a commonly asked question of both our residential landlord and tenant clients:
A landlord in Minnesota has three weeks after termination of a tenancy to return
a rental deposit with interest or provide the tenant a written statement
showing the specific reasons for the witholding of the deposit or any part
thereof. Minn. Stat. Sec. 504B.178, subd. 3. The tenant has an obligation
to provide the landlord a mailing address or delivery instructions. Let us know if
you have landlord/tenant questions. We represent both landlords and tenants in
both commercial and residential properties. Contact us if you have questions.