Q My landlord came by to pick up our rent and left a note saying that our house has been sold. We had no clue it was on the market, and we have to be out Dec. 31. Our lease is up March 1. We were told today, Dec. 5.
Shouldn't we get at least a month's notice? I also have a feeling I'm not going to get my deposit back. Is he legally required to return it?
Any help as quickly as possible would be greatly appreciated. We are supposed to move to Las Vegas in mid-February and now I'm getting dumped out in the snow six weeks before I'm moving out of state.
A The new buyer must let you remain in the house until your lease expires. Your landlord is most likely unaware of this law.
The new buyer purchased the home subject to your rental lease, so the terms of your lease carry over to the new buyer. The new buyer doesn't need to renew your lease once it expires.
What's ordinary wear and tear? Q I lived in a place for 10 years and am wondering if there are rules about what has to be replaced after a certain amount of time.
We have not received our deposit back and admit that there was a lot that needed fixing and improvement in the apartment, but after 10 years with four of us living there and nothing ever getting fixed or replaced, are we supposed to pay for everything? Or should we get our deposit back?
A Minnesota Statute 504B.178 states that your landlord has a duty to return your deposit, along with statutory interest, less any amounts necessary to repair items, ordinary wear and tear excepted.
After 10 years, many courts won't allow a landlord to withhold anything from the deposit, except for things that were obviously the tenants' responsibility.
But this isn't a bright line rule. If your landlord fails to return all or part of your deposit and you think you are entitled to more, you can bring an action in conciliation court and ask that the landlord be required to return the amount you think you are owed.
Record reflects eviction Q A few years ago, I stayed with a boyfriend for about a month in a place he rented. I recently tried to rent a place and found out that I was named in an unlawful detainer. Can that be done even if I am not on the lease?
A Technically, the landlord has to identify everyone who is occupying the property, whether they are on the lease or not, to regain possession of the premises.
The short answer to your question is that the landlord may have been required to name you and probably would have been required to name you in the action if you were living there.
You may want to contact the landlord to see if he would agree that you were not residing in the unit, and therefore not a required party. If he is willing, you may be able to have the eviction action expunged on the grounds that you were just staying in the property for a very short time and not residing there.
Kelly Klein is a Minneapolis attorney. Do not rely on advice in this column regarding a legal situation until you consult a qualified attorney; information provided by readers is not confidential; participation in this column does not create an attorney/client relationship, and no such relationship is created without a retainer agreement with Klein. If you have questions concerning renting, you can e-mail her at kklein@kleinpa.com, post your questions at www.startribune.com/kellyklein or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.
