Q: My sister and I rent through a property management company. We are both on the lease, but one of our roommates is not. We all agreed in person, and have text messages to prove it, that we would live together until the end of the lease. Even though my friend is not on the lease, she agreed to live there with us and paid me every month for rent. My friend decided to move out, and told us in the middle of this month that she will be completely moved out by the end of the month. It is now too late to find another tenant, and I am afraid she is not going to pay her share of the rent for next month since she won't be living here. Then my sister and I will end up paying her part of the rent along with our own. Is there anything in Minnesota law that can help me with this situation?
A: Since your roommate was not on the lease, but you have an oral agreement and some written proof in texts confirming that your roommate agreed to pay her share of the rent until the lease runs, then you have several options. You should be able to hold your roommate to her agreement, since an oral agreement is often binding and there is evidence backing up your oral agreement in the text messages. Let your roommate know that her oral agreement is most likely binding and that you will be filing a claim in conciliation court if she doesn't continue to pay her share of the rent until you find another suitable roommate. An oral agreement can be enforceable, especially if it is backed by written documentation such as texts. However, there is no guarantee that a court would enforce the agreement any longer than a month. You didn't mention when the lease ends, so maybe there isn't much time left for her to pay her portion of the rent.
Another option would be to contact your property management company to see if they'd be willing to take less rent until you are able to find a roommate. Many would prefer to work out a deal, rather than risk losing good tenants. If the rental space is desirable, it will not take you long to find another tenant. If there are many months left on your lease and you cannot find a suitable roommate, you could also check your lease to see if there is a buyout clause allowing you to pay one or two months' rent to terminate the lease early. If your property management company refuses to negotiate a lower rent payment or agree to some other solution, then under Minnesota law you could file a claim in conciliation court in the county where you live. Make sure to attach any proof you have, such as screenshots of your roommate's text messages agreeing to pay rent until the lease expires. If you come to an agreement with the property management company or your roommate, make sure to get it in writing and signed by both parties. Once you do find another roommate, make sure to get your agreement in writing and signed by both parties. It can be handwritten and doesn't have to be a formal, typed document, but it needs to be signed by the parties.
Unit lacks egress windows
Q: My landlord is in her 80s and lives upstairs in the home that I am renting from her. I live in the basement, but share a bathroom upstairs on the main level, since there is only a half-bath in my rental space. I also use the stairs to the upper level of the house to enter and exit my basement unit. My landlord has been good to me so far, but I am curious about an issue. There are windows in my unit, but I don't think they open, and they aren't egress windows. Does a failure to have an egress window in the bedroom of a basement rental in Bloomington invalidate a lease agreement?
A: Every landlord in Minnesota must comply with the covenants of habitability, which require a rental home to be fit for the use intended, in reasonable repair and compliant with safety and health codes. Depending on the city where you live, the landlord also may also be required to have a rental license. The city of Bloomington requires a rental license for each dwelling unit that is rented out, with some exceptions. Under the Bloomington City Code, there is a list of exceptions, and your situation is identified in this list. It states that the rental licensing requirement does not apply to owner-occupied homes. Since your landlord lives in the home you are renting, she is not required to have a rental license, and probably won't be held to the same standards that a city inspector holds for rentals where the owner doesn't reside. However, the Minnesota Fire Code requires that all rooms that might be used as bedrooms have an egress window. You should contact the city inspector in Bloomington at 952-563-8930 and ask whether or not your rental home's basement bedroom needs an egress window. If your unit is required to have an egress window, then you should let your landlord know, so she can get one installed as soon as possible. The city inspector will most likely give the owner a deadline as to when it needs to be installed if a window is required. You will probably not be able to invalidate your lease based on not having an egress window because the owner will be given notice and time to get one installed if it is mandatory.
However, if the city inspector cannot get involved, due to your landlord not being required to have a rental license, then you should work out a deal with your landlord to have an egress window installed. You could offer to cover some of the cost. Your landlord will benefit from installing an egress window, since it will help attract future renters. If you want to terminate your lease early due to not having an egress window, you should discuss it directly with your landlord. Your lease may have a buyout clause, such as requiring you to pay one or two months' rent in order to end the lease early. If there is no such clause in your lease, then you should discuss the issue with your landlord; she may still allow you to end your lease early. Remember to get any agreement with your landlord in writing and signed by both of you.
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, or write to Kelly Klein c/o Star Tribune, 650 3rd Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.
