Q I signed a lease with two other guys a few years ago. Our landlords told us that we did not give enough notice before moving out and therefore our one-year lease had been renewed. We signed it; I know, we're idiots. Is this a law in Minnesota?
One of our roommates had gotten way behind on his rent and the landlords did not seem to care until the month before that lease ended. Now they are taking us to court. Can they do this? They let one guy on the lease get behind on his rent about six months. Also, if I am paid in full for my "share" of the lease, is there any way I can get out of it? I have documentation showing that I have paid more than they say I have. What can I do in this situation?
A While it depends somewhat on the language of the lease that you signed, most leases have language that says each tenant on the lease is jointly and severally liable for the rent. Unless you signed separate leases, you are as responsible for your roommates' portion of the rent as they are. Your landlords had the legal right to insist that you sign a new lease or move out.
While the landlords may not have had the right to claim that the lease was automatically renewed, you and your roommates signed the lease, so you are now bound to the terms of the lease.
Your landlords can wait until near the end of the lease, or even after the lease expires, to sue for unpaid rent. There is a statute of limitations, which is Minnesota Statute 541.05, subd. 1 (1), which states that a suit on a contract has to be brought within six years.
If your landlords are suing for unpaid rent, you should go to court with the records you have showing how much you paid. You should talk with your roommate about paying his fair share. The landlords might let you out if you have paid your full amount, but I would not count on it.
Q My rental lease is month-to-month. However, it states that I must give the landlord two months' notice upon deciding to move. It also states that if she sells the townhome, which is on the market, that she is only obligated to give me a one-month notice. Can she expect me to not have the same option?
She also raised my rent verbally last month, and the same day asked me to write her a check for the increased amount for the month. I did. What is the proper time allowed for rental increase?
A Under Minnesota law, if you're on a month-to-month lease, either the landlord or the tenant can terminate the tenancy by giving one month's notice. To be enforceable, said notice has to be in writing -- or supported by writing -- and timed so as to be effective after the following month. A notice in February would be effective in April.
There is little case law on the issue of whether a landlord can have a two-months' notice period for themselves and a one-month notice for tenants.
There is very little agreement as to whether a landlord can enforce a two-months' notice period, as such a period may violate Minnesota Statute 504B.145, which prohibits the automatic renewal of leases for two months or more.
Some courts have determined that a two-month notice period violates that statute, while others have decided otherwise.
Ordinarily, a verbal change to the lease, including an increase in rent, is not enforceable.
However, if that notice is confirmed in writing, then it may be enforceable. Since you wrote your landlord a check, with the new rental amount on it, you in essence confirmed the rent increase in writing.
Because a rent increase is not supposed to take effect for at least one month, you could talk to your landlord about paying the old rent the next time your payment is due, so you can get caught up.
As to the two months' notice, I can't really advise you as to whether it is enforceable. I think the statute precludes such an interpretation, but you risk having your landlord come after you for an additional month's rent.
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.
