Q: I am a tenant and have a lease I renew annually. My landlord has recently allowed another party to move into the private garage space that I have been renting and maintaining since May 2020. My landlord has not remedied the situation and is dodging my phone calls and emails requesting that he correct the matter. I have been trying to get the problem fixed for two weeks now, with no success. What should I do?
A: If your lease gets renewed annually every May and includes your garage space, then your landlord is in violation of your lease terms. You didn't mention if the space was large enough for two tenants or if another tenant is now parking in your space.
However, if your space is no longer being provided and your landlord isn't responding to your requests to fix the problem, then he is in violation of your lease. Under Minnesota law you can write your landlord and request the problem be fixed in two weeks. If the problem isn't remedied within 14 days, then you can file a rent escrow action in the county where your rental is located.
However, since you already informed your landlord of the problem two weeks ago, then that email will most likely suffice as your two-week notice to your landlord to fix the problem. In your rent escrow action you should request that your landlord honor your lease and give you the garage space back and also request rent abatement for the time you were excluded from the space.
You should attach a copy of the lease as proof, along with copies of your emails and any other documents you have to support your claim. At the time you file your rent escrow action, if any rent is due at that time you will be placing it with the court.
Remember, your landlord is allowed to change your lease terms going forward, but not until May 2023 when your annual lease expires.
Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.
