Minnesota Tenant Information

Minnesota Tenant Information – Renters Rights

 

Before you Rent

Inspect

When you are looking for an apartment, ask to see the apartment you will live in.  Do not let the landlord show you one “just like it.”  Inspect the apartment very carefully.  Look for damage and other problems.  Check the plumbing, lights, appliances, heating, electrical system, locks, and windows.  Turn on the faucets, flush the toilets, open the windows, and turn on the lights.  It is a good idea to write it all down, especially if you think you will apply. See the repair list in the back of this booklet and make notes about what you see. Talk to tenants who lived there before or other people in the same building.  Ask if they have complaints about the building or management.

 

Tenants Defending an Eviction Forms

Download How to answer an eviction forms in each state.

Tenant Defence Forms

 

Check for Code Violations

If you are interested in the apartment, check for records of any violations of state law or local housing codes at that address.  You can do this by calling the city, the health department or checking on the internet. See if there is anything you should know about the property. If you think there might be problems with the apartment when you inspect it, it is really important to do this.  These agencies can tell you if anything was wrong with the apartment when it was last inspected, and what has been done to fix the problems.

 

There may still be problems with the apartment even if there have been no inspections.  Many small cities and rural areas do not have inspection departments or records.

Landlords have to let you know about outstanding condemnation and inspection orders if a citation has been issued.  Outstanding order means that the landlord has been ordered to fix problems, but the deadline has not passed or the work has not been done.  The landlord has to let you know about these before you sign a lease or pay rent or a security deposit.  A landlord has to give new tenants a copy of outstanding orders if

• A citation was issued for problems that threaten the health or safety of the tenant.  This includes problems in the apartment and common areas in the building.
• An outstanding condemnation order and declaration says that the building or apartment is “unfit for human habitation.

A landlord also has to post a notice that lists all other inspection orders about things that do not threaten the health or safety of a tenant but a citation has been issued.  The notice should be posted somewhere easy to see.

 

List Damage

If you still want to rent the apartment after inspecting it, you may want to make a list of damages.  If you made a list when you inspected, ask the landlord to sign it.  If you didn’t make a list then, do it now and have the landlord sign it.  Keep a copy for your records.  The list will help later if you need to ask for repairs or show that the damage to the apartment is not your fault.

Before renting an apartment, find out what it will cost to live there.  Besides rent, you may have to pay for heat, water, lights, or other utilities. You can also find out the cost of utilities by getting in touch with previous tenants. There may be charges for trash collection or other services.

 

If an apartment has a utility meter (gas, water, electric, etc.) that measures utility use for more than just that apartment it is called a shared utility.  In this case, the utility bill must be in the name of the landlord.  There is an exception for electricity bills only. Depending on the electric company that provides the service, the bill can be in the tenant’s name if the usage outside the rented apartment is small (for example, one hallway light).

With a shared utility a landlord can divide the utility bill between the tenants who share the same meter. The way that the landlord splits the bill and how often you will be billed has to be written out in the lease.  The landlord has to give you copies of utility bills for the building for the last 2 years.

If a new landlord took over the building less than 2 years ago, you can only get copies of utility bills from the time the new landlord took over.

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You may have to pay an application fee (also called a screening fee.)  This money covers the cost of checking your references, credit, and criminal history. The landlord must screen tenants one at a time and can only take one application fee at a time. For example, the landlord can’t take several fees at once from different applicants.

 

Ask the landlord what happens to this money if you do not rent the apartment. Find out if you will get it back.  A non-refundable fee is money that you will not get back.  It should be a “reasonable” amount. A landlord has to give the money back if they never use it to do a background screening on you.  Get a receipt when you pay an application fee.

 

Before charging you an application fee, a landlord must tell you
1) what kinds of things will automatically disqualify you as a tenant and
2) the name, address and telephone number of the tenant screening company they will use to check your background.

Make sure you are completely honest on the application. If you lie or leave out important information, the landlord can sue you and get money from you.

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pre-lease and Security deposits

Some landlords ask you to put money down if you are interested in an apartment.  This is called a “deposit-to-hold” or pre-lease deposit.  It is different from a security deposit because you pay it at the time you apply for the apartment.  This is before the landlord does a background check and agrees to rent the apartment to you.  This is not an application fee. 
A landlord cannot charge you a pre-lease deposit without a written agreement. The agreement might be part of the application.  Read everything carefully before you sign it.  The agreement will have the rules about you getting the money back or not.   If a landlord does not rent the apartment to you, they have to return your pre-lease deposit.  If the landlord does rent the apartment to you, the pre-lease deposit hastobe put toward the security deposit or the rent.  But, if the landlord says you can rent the apartment and you turn it down, the landlord is allowed to keep the pre-lease deposit money.  It all depends on what your written agreement says. Read the agreement before you sign it.

Always ask if you have to pay a security deposit.  If you do, find out how much it will be and what it covers.  When you pay it, get a receipt.  Make sure that the receipt is clearly marked “damage deposit” or “security deposit.”

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• Asking for extra time to avoid eviction and get services to help you follow the rules of the lease. For example, housekeeping services to clean an apartment, a social worker to help fix arguments with the landlord or other tenants, or medical services to prescribe medication which could help you better follow the rules of the lease.

• Asking for permission to keep a seeing eye dog or another animal that you need in the home because of your disability. You will probably need letters or other proof from a doctor or other professional who knows your disability. This can be approved even if there is a “no pets” policy.

• A reserved parking spot close to the apartment door if you have trouble walking.  You can ask for a reserved spot even if parking is usually on a first come, first served basis and there are other spots in the lot with “handicapped parking” signs.

 

If you feel that you have been discriminated against by a landlord, contact a lawyer. Here are some agencies that may be able to help you

• Housing Discrimination Law Project of the Legal Aid Society of Minneapolis (612-334-5970)

• Housing Equality Law Project of Southern Minnesota Regional Legal Services (651-222-4731)

• US Department of Housing and Urban Development (HUD) (1-800-765-9372; TTY 1-800-927-9275)

• Minnesota Department of Human Rights (1-800-657-3704, TTY: 612-296-1283)

 

The Eviction

If an eviction hearing has already happened, the tenant screening company must put in the report what happened at that hearing.  The court reports the decisions in eviction cases (also known as unlawful detainers) by using codes.  These codes tell if the tenant was evicted for nonpayment of rent, or breach of a lease, or other reasons.  It also tells if the tenant won the case because repairs were not made or if there was a settlement between the landlord and tenant.
For eviction court cases filed against you, the tenant screening company must give the outcome of the case in the report.  But this is only if the outcome of the case is available when the tenant screening report is asked for. Because of this, some reports may not list all the information. If this happens to you, tell the landlord and the tenant screening company what happened at the court hearing, who won and why. Send a written explanation to the tenant screening company and ask that it be put in your report.

 

Lease agreements

Whatever kind of lease you end up having, it is a good idea to put it in writing to avoid problems later between you and the landlord.  If the landlord will not put the agreement in writing, send the landlord a letter saying what you think the rules of the lease are.  Keep a copy of this letter for yourself. A verbal agreement can be as legal and binding as a written agreement, but it is harder to prove what was in the agreement.  A copy of your letter can help you prove what is included in your verbal agreement.
Before signing a written lease with a landlord, read all papers carefully. Make sure you fully understand the agreement before you sign it.  If you want to change any of the lease terms, you should do the following:

1. Discuss different lease terms with the landlord.  Calmly and politely tell the landlord the changes you want made.  If the landlord will not agree to your changes, calmly and politely explain why you want the changes.  See if you and the landlord can agree to wording that you are both happy with.
2. If the landlord agrees to your changes, write all the changes you both agree to on the written lease. This is important because if you have problems, you may not be able to prove changes that you agreed to verbally.
3. You and your landlord should write your initials next to all changes.
4. After all changes have been made and initialed; you and your landlord should sign the lease.

You can also ask the landlord to sign a lease that you have written. Always keep a copy of the lease for yourself.

 

Keep good records

When you rent an apartment, keep your rental agreement, deposit and rent receipts, inspection list, letters, and all papers about your apartment in one safe place.

It is especially important to keep all receipts for money paid. Your landlord must give you a receipt for the rent if you pay in cash.
If you pay with a money order, you still want to get a written receipt from the landlord. But a money order stub is counted as proof that you paid your landlord if the stub is in the amount of the rent, has a date that is on or close to the date the rent was due, and is made payable to the landlord. If your landlord shows that rent was not credited to a rent ledger, you may have to prove the money order was sent and received.
Be careful if it seems like the landlord does not want to give you a receipt.  This may mean that other problems will come up in the future.

 

Tenants rights

As a tenant in Minnesota, you have the following rights:

●          Your landlord must follow the rules of your lease.

●          Your landlord must keep your apartment free of health and safety hazards.

●          Your landlord must keep your apartment in good repair. The structure, fixtures, plumbing and other equipment must be kept working safely and properly.

●          You have the right to call local housing, health, safety, and fire inspectors and ask them to inspect your apartment (if available in your area).

●          Your building must be insulated and weatherized if it was built before 1976.

●          Your landlord must follow the laws on weather stripping, caulking, and energy efficiency standards for storm windows and doors.

●          You have the right to the undisturbed and peaceful possession of your apartment.  You have the right to be left alone and free of harassment.  The landlord cannot allow certain illegal activities on the property like prostitution or prostitution-related activity, the unlawful use or possession of a firearm, or the manufacture, purchase, possession, sale, distribution or presence of illegal drugs or stolen property anywhere on the premises, including the common areas.  If a landlord violates this rule, you can sue them

●         You have the right to call for the police or emergency help in response to domestic abuse or any other conduct.  Your landlord cannot punish you for doing so.  It is the law.  You can sue your landlord if they violate this law.

●          You have the right to privacy and the right to keep your landlord from entering your apartment without your permission.  The landlord can only enter without permission if the lease says that they can, or if there is an emergency, or if the landlord has a reasonable business purpose to enter and tries to give you reasonable notice. Remember, even if the lease says the landlord can enter your apartment without permission, they still have to try to give you reasonable notice.

●          Your landlord has to give you his or her name and address.

●          Your landlord may not end your lease, raise your rent, or cut your services without proper written notice.

●          Your landlord may not evict you or retaliate against you (get back at you) for complaining or standing up for your rights as a tenant.

●          In Minneapolis and many other cities, a landlord has to have a rental license.

●          Your landlord may not shut off your utilities or lock you out of your apartment.

●          Your landlord may not force you to move out of your apartment without going to court.

●          You have the right to get your security deposit back, with interest, within 3 weeks (21 days) after you move and give your landlord your forwarding address.  This is not true if the building has been condemned.  But, your landlord may keep a reasonable amount of the security deposit to pay for damages and unpaid rent.  If the landlord does this they have to give you a written explanation within the 3 weeks.  Your landlord cannot make you pay for normal wear and tear to the apartment.

●          Your landlord may not hold your personal belongings for non-payment of rent.

●          Your landlord must give you a certificate of rent paid (CPR) so that you can claim a state tax credit.

●          Your landlord must tell you about outstanding inspection and condemnation orders for which a citation has been issued (see page 29).

●          If a landlord charges you an application fee, the landlord must tell you the name, address and telephone number of the tenant screening company they will use.

●          If a landlord charges you a prelease deposit (also called a “deposit-to-hold”) and then refuses to rent you an apartment, they have to give your money back within 7 days.
●          If you are a victim of domestic violence and have a court Order for Protection or a No-Contact Order, you can break your lease

 

You have the following responsibilities as a tenant.

●          If a landlord asks for references when you apply for an apartment, you have to give them.

●          You have to pay the rent on time.

●          You have to follow the rules of your lease (but you do not have to follow illegal things in your lease).

●          You have to pay for any damages that are more than normal wear and tear to your apartment if you are responsible.

●          You cannot disturb other tenants.

●          You have to give proper written notice when you want to move out.
●          You cannot allow certain illegal activities on the property, like prostitution or prostitution-related activity, the unlawful use or possession of a firearm, or the manufacture, purchase, possession, sale, distribution or presence of illegal drugs or stolen property anywhere on the premises, including the common areas.

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A landlord may not enter your apartment unless they have a business reason to enter AND they have given you notice.  This rule does not count in an emergency.

You should not make it hard for the landlord to enter if they need to make repairs. It is a good idea to agree ahead of time when it is okay to enter. It is best to put this agreement in writing and keep a copy for yourself.

 

A Business Reason

A landlord must have a business reason to enter your apartment.  Examples of business reasons include things like

• showing the unit to a possible new tenant
• showing the unit to a possible buyer, insurance agent, or appraiser
• doing maintenance work
• letting a government official in for an inspection
• you are causing a disturbance within the unit
• the landlord has a reasonable belief that you are violating lease rules inside your apartment
• the landlord has a reasonable belief that someone is living in the apartment who should not be
• you have vacated the unit

 

Generally, if a landlord has given you notice they can enter your apartment for a reasonable business purpose. Remember, this rule does not count in anemergency.    Giving notice can be things like leaving you a message on an answering machine or a note on the door.  The notice to enter has to make sense for the reason given.

 

For example, if the landlord sets up an appointment with a plumber a week in advance, the landlord should tell you about the appointment a week in advance.  If the landlord learns of a city inspection the morning before the inspectors will come, they should tell you as soon as they know about it.

 

Only in special situationscan your landlord enter your apartment without prior notice.  If the landlord has good reason to think certain things are going on they can enter your apartment without advance notice.  These are things like:

• immediate entry is necessary to keep people or property from getting hurt because of maintenance, security or law enforcement conditions
• immediate entry is necessary to make sure a tenant is safe
• immediate entry is necessary because there are illegal things going on

If your landlord enters your unit when you are not there and has not given you notice about it, they have to leave you a written notice that they entered and why.

 

Enforcement

You can enforce your right to privacy.  If the landlord enters without giving you notice, you can sue the landlord.  You can ask for lower rent, get your security deposit back and $100 for each violation of your privacy.  You can also enforce your privacy rights in a Rent Escrow action.  If the problem continues, you may be able to get out of your lease.  Call a lawyer or your local legal services office if you need help with writing and filing a complaint to stand up for your right to privacy.

1.         File a Rent Escrow court case (pay rent to the court).

2.         Sue under the Minnesota Tenants Remedies Act.

3.         File an Emergency Tenants Remedies Action to get an immediate repair ordered.

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If a landlord will not make the repairs, a tenant can file a Rent Escrow court case.  Under the Rent Escrow law, tenants pay their rent to the court, instead of to the landlord, and ask the court to order the landlord to make repairs, follow the terms of the lease, or comply with state privacy laws.  The following are the rules and procedures for Rent Escrow. These rules and procedures must be strictly followed. Contact a lawyer or your local legal services office before starting a Rent Escrow court case.

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         1.          Use the form called “Tenant’s Repair List” on page 62 to write a letter to your landlord asking that repairs be made.  The letter should have your name, your address, and the list of everything you want to have fixed.  Sign and date the letter.  Keep a copy of the letter for yourself.  Your landlord has 14 days from the time they get the letter to make all of the repairs.  If all of the repairs are not made after 14 days you can take the letter to court with you to file the Rent Escrow.
or

         2.          Call the housing inspector in your area. The housing inspector will come to your home and do an inspection.  The inspector will write a report that gives your landlord a certain amount of time to make repairs.  Ask for a copy of the report.  You will take that report to court to file a Rent Escrow case. If the inspections department has ordered the landlord to make repairs by a certain date, you must wait until after that date to start a Rent Escrow case.  If you believe that the inspector gave the landlord too much time to make the repairs, you must convince the court why it is too long.

 

It is a good idea to have an inspection of your apartment if there is an inspector in your area.  Even if you write a letter to your landlord asking for repairs, you still may want to call the housing inspector.  Keep in mind that the inspector may give your landlord more than 2 weeks to fix the problems.

To ask for an inspection you should do the following

1.         Contact the local housing inspector and ask for an inspection.

2.         During the inspection, walk through your place, room by room, with the inspector. Ask if there are state or local code violations in your place.

3.         Get a copy of the inspections report from the inspector. Also get a copy of the Order to Repair, if it is separate from the inspection report.

4.         Ask the inspector how long the landlord has to make the repairs ordered.

5.         If you are not satisfied with the inspection, complain to the inspector’s supervisor.  Ask the inspector for the name of his or her boss and their phone number. Call the number as soon as you can and tell them your concern.

6.         If repairs are not made as ordered, you can ask for another inspection to help prove the repairs were not made.

Depending on where you live, the inspections department may follow up with your landlord to see that repairs are properly made.  Your landlord could face fines or other problems if he does not make the repairs.  You may want to call the inspector back to inspect again if the repairs are not made by the deadline.  Or you can use the inspection report to start a Rent Escrow case.

 

Starting a rent escrow case

• You must pay all the rent that is due to the clerk of the district court when you file the Rent Escrow court case. If you do not owe rent, you do not have to pay any into the court. But until the case is done, you have to pay your rent each month to the court.  There is a filing fee to start a Rent Escrow court case, but the court can waive (excuse) the fee if you cannot afford it.

• You must give the clerk a copy of the inspector’s report (a certified copy is best) or your copy of the letter you wrote to the landlord asking for repairs.

• You must also give the clerk your landlord’s name and address and estimate how much it will cost to make the repairs.

• The court clerk can help you find a Rent Escrow petition, or you can use the form called Rent Escrow Affidavit.  You will need to give the court clerk the Affidavit, the letter you sent to your landlord or the housing inspector report, and all the rent that is due.  The clerk will schedule a hearing

 

Giving your LL notice of a case

• If your estimate of the cost of repairs is less than $15,000, the clerk will send a notice of the hearing to your landlord.
• If your estimate of the cost of repairs is greater than $15,000, you must have someone (other than yourself) give the notice of hearing to the landlord.  If you want, the sheriff can deliver the notice.  The clerk can tell you where to find the sheriff’s office and someone there can help you.

at the hearing

• The hearing will take place 10 to 14 days after you pay your rent into court.

• Bring all of your witnesses to the hearing, pictures (if possible) and copies of letters and notices you sent to the landlord. If an inspection was done, bring a certified copy of the inspector’s report. A certified copy has the inspection department’s stamp and signature on it stating that all the contents are true and correct.

what the courts can do

• Order the landlord to make repairs.
• Let you make the repairs and deduct the cost from your rent.
• Reduce your rent until the repairs are done.
• Order the landlord to pay back some or all of the rent you paid when the repairs weren’t made.
• Order someone else to manage the home and make the repairs.
• Fine the landlord.
• Release the rent to you or to the landlord.
• Order the landlord to follow your lease.
• Order the landlord to comply with state privacy laws.
• Order the landlord to pay attorney’s fees.

Warning!

The landlord can sue to evict you only if you do not pay (deposit) the full amount of rent into court.  If you deposit the full amount of rent, the landlord cannot evict you for nonpayment of rent.  If you do not have the full amount of rent, you should not file Rent Escrow.  You could be evicted and lose the money deposited with the court.

If the landlord sues you during a Rent Escrow proceeding, you must bring the rest of the rent owed to the hearing plus the amount of the filing fee paid by the landlord.  If your landlord does not tell you how much that amount is, you can call the court clerk.

Your landlord cannot retaliate against you (get back at you) for filing a Rent Escrow court case or any other case where you demand repairs.  However, you must follow the terms of your lease, even when you pay rent into court.

If your landlord does not make repairs, does not follow the lease, or violates state privacy laws, you can bring a lawsuit against your landlord under the Tenants Remedies Act.  This law covers run-down housing, health and safety code violations, and failure to make agreed-upon repairs even if the repair problems are not code violations.  To use this law, it is best to have a lawyer.  The law can be used when a landlord refuses to make repairs and the tenant doesn’t want to move or have the building condemned.

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If you win the Tenants Remedies Act case, the court may

• Order the landlord to make repairs or find the landlord in contempt of court
• Tell you to make the repairs and deduct the cost of the repairs from your rent
• Appoint a person to take the rent and use the rent to make repairs or
• Appoint a person to take out liens on the property to pay for repairs or
• Order that your rent be lowered
• Order the landlord to follow your lease
• Order the landlord to obey state privacy laws
• Order immediate repairs in emergency cases that have to do with loss of utility service and other necessary services.
• Order the landlord to pay your attorney’s fees.

 

If you have an emergency such as no utilities or other necessary services because of the landlord, you can file an Emergency Tenants Remedies Action (ETRA).  You do not need to wait 2 weeks for a repair letter to expire and you do not need to call the housing inspector. A tenant can ask the court for a repair order in emergency cases that have to do with the loss of

 

1) running water

2) hot water

3) heat

4) electricity

5) toilet facilities

6) or other necessary services the landlord is responsible for providing.

 

You have to try to notify the landlord 24 hours before going to court.  You should call, and if your landlord is not there, leave a message with someone who will tell the landlord.  If there is no way to leave a message, call several times at different times of the day.  Make sure you write down when you called and what happened.  The court can order the landlord to make the repair, or can order the same remedies that are available in a Rent Escrow Action or Tenants Remedies Action.  You should contact a lawyer or your local legal services office for help.

Rent Escrows, Minnesota Tenants Remedies Actions, and Emergency Tenants Remedies Actions are safe ways to use the courts to force your landlord to make repairs.  There are other things that you may decide to do that are not always legally safe.  These include withholding rent and “repair and deduct.”

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Withholding your rent as a way to force your landlord to make repairs is legal, but is often a bad idea.  If you choose to do this, give the landlord written notice of the needed repairs and a reasonable time limit to fix them. Keep all rent withheld in a safe place. Do not spend your rent money or you may be evicted. Talk toa lawyer or your local legal services office before you withhold rent.

 

If you withhold your rent, the landlord will probably file an eviction case (also called an “unlawful detainer”) against you in court.  You may have to pay the full amount of your withheld rent to the court at the time of the hearing (in cash or by certified check). If the court asks for payment of the withheld rent and you do not have it, your defense will not be heard and you will be evicted. Do not spend the withheld rent money for any reason!
If the landlord files an eviction case against you

●          Go to court and be on time.

●          Tell the judge you do not agree with the landlord’s complaint and that you want a trial. You have a right to either a judge or jury trial. There is a fee for a jury trial, but the fee may be waived (excused) by the court if you cannot afford to pay it.
●          At the trial, tell the judge about your repair problems. Show the judge your pictures and inspection orders and have your witnesses tell what they know.

 

The judge can do several things

1.         Order you to pay rent to the court or landlord until the facts are proven against your landlord

2.         Order your rent lowered because the apartment is not worth the full rent

3.         Order you to pay your rent to the court for safekeeping until the landlord makes the needed repairs and/or

4.         Order you to give some or all of the rent to the landlord.  The judge may find that there weren’t any problems with your apartment.  Then you will have to pay the rent owed plus full court costs to avoid being evicted.  It is important to use caution in withholding rent.

 

If you withhold rent, make sure you have plenty of evidence to show the court.

Again – it is not a good idea to withhold rent to force your landlord to make repairs.  It is legally much safer to bring a Rent Escrow case or one of the other remedies described above.

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You do not have an automatic right to “repair and deduct” the cost of the repairs from the rent.  If you make repairs yourself without your landlord’s written consent you could be stuck with the bill.  You could also face an eviction hearing if you don’t pay your full amount of rent. Generally it is never a good idea to “repair and deduct.”  There are some exceptions.  The cities of St. Paul and Duluth have a “repair and deduct” law for heating problems. Duluth also has a “repair and deduct” law for water, electricity, gas, bathroom fixtures, deadbolt locks and smoke detectors.   Minneapolis, St. Paul and Duluth have “pay and deduct” laws for use when the landlord doesn’t pay the utility bills that are the landlord’s responsibility. If your landlord agrees to make repairs or to take money off your rent because of the condition, get that agreement in writing and signed by the landlord.

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A landlord cannot rent out a property that is unsuitable for people to live in. The landlord may not collect rent or a security deposit for property that has been condemned or declared “unfit for human habitation.” If your building has been condemned, call a lawyer or your local legal services office for advice about your rights.

There are 2 types of condemnation. The most common is when the Department of Health or Housing Inspections finds health and safety code violations that put the tenants’ safety in danger. The other type of condemnation is when a government body buys property for a particular public purpose, such as to build a highway.

When your home is condemned, for whatever reason, you must move by the date stated on the condemnation order. The amount of time given to move depends on why the building was condemned.  If you do not move by the deadline, law enforcement can force you to move out. If this happens, your children can be put into child protection and your belongings will be left in the home.

If your home has been condemned for health or safety code violations you should call a lawyer or your local legal services office for help.  In general you should know that

●          You do not need to pay rent or a security deposit.

●          You may be able to get Emergency Assistance to help cover moving costs. Tell the financial worker that you need an appointment immediately because your building has been condemned.

●          Keep records of the conditions in your home. Walk through your apartment and take notes about the repair problems. Get copies of all inspection reports. Take pictures. Make sure you take all this evidence with you when you move. This evidence may be helpful later if you need to prove bad conditions in a court case, and/or to clear up problems with a tenant screening report.

●          You have the right to sue your landlord in Conciliation Court for all rent paid while the building was either condemned or in condemnable condition. In fact, the landlord is responsible for paying back all the money it cost you to live somewhere else, as well as 3 times the amount of all money collected from you after the date the property was condemned. Actual damages include costs you had to pay to cover moving and temporary lodging. Before filing a lawsuit for money damages, talk to a lawyer. It is important to make sure that all claims for money are made in one lawsuit.

●          Your landlord must return your security deposit, plus interest, within 5 days after you move. Give the landlord a mailing address when you move.

●          Move out immediately because staying in a condemned apartment is illegal.  You could be arrested and your children could be sent to child protection.

 

If your home has been condemned for a public purpose

●          You can get relocation money to help cover your moving costs whenever the government condemns your building for a public purpose.

●          The government must help you find suitable housing at about the same rent you had been paying.

If you have problems enforcing your rights or collecting damages, call a lawyer or your local legal services office for help.

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You have the right to ask for repairs, call an inspector, bring a Rent Escrow case, and demand that your landlord respect your right to privacy.  These things, among others, are your legal rights as a tenant in Minnesota.  Your landlord may not retaliate (get back at you or get revenge) against you by raising your rent, asking you to move out, or decreasing your services because you stood up for your legal rights as a tenant. You must still pay your rent on time.
The Court will raise questions about whether the landlord is retaliating against you if an eviction case or notice to move comes within 90 days of any act in which you exercise your legal rights as a tenant. You must tell the judge about what you did to exercise your rights. If it is within the 90 days, the judge will assume the landlord is retaliating unless they can show a good reason for eviction.  The judge will deny the eviction if the landlord cannot show a good reason for it. After 90 days you will have to prove that the landlord is trying to get back at you if you go to court.

 

Ask the court to start counting the 90 day period from the time your landlord has done everything the judge ordered, like doing all repairs, You can defend against eviction if you can show that your landlord is retaliating against you illegally.
If the landlord tries to evict you for not paying your rent, it is a defense to show that the landlord raised your rent to retaliate against you illegally.  To raise this defense, you must pay the old amount of your rent into court.

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Sometimes a home will have so many serious repair problems that you decide that you cannot live there any longer.  This is called constructive eviction.  Con­structive eviction means that the landlord has allowed a repair problem or other condition to exist that is so serious that it is equal to evicting the tenant.

If you decide that you have to break your lease by using a constructive eviction argument, give the landlord writtennotice of the problem. In the letter, say that you will consider the lease broken and will move out unless repairs are made within a reasonable period of time.  Keep a copy of this letter.  If there is a housing inspector in your area, call the inspector and ask for an inspection to be done. Get a copy of the repair orders to document the condition of the home. It is also a good idea to ask the health department to do its own inspection and order its own repairs. If repairs are not made, you should move out within a reasonable time after the repairs should have been done.

 

Warning!

A constructive eviction only exists if the landlord has not provided essential repairs or services.Constructive eviction usually only applies to very serious conditions that make the rental unit unlivable, such as when there is no heat or water in the rental unit. If you do not want to move, see pages 19 -25 for other steps you can take when there are serious repair problems.

If you claim constructive eviction and move out, your landlord may sue you for damages. The amount for which the landlord can sue depends on the type of tenancy you have. If you have a month-to-month lease, the landlord may sue you for one month’s rent. If you have a fixed term lease, the landlord may sue you for the rest of the amount owed on the lease. If your landlord sues you for damages, you will have to prove that you were constructively evicted.

You should bring the following to court as evidence

1) all the letters you sent your landlord about needed repairs

2) witnesses

3) pictures and

4) repair orders from the housing inspector and the health department.
In other words, you will have to prove that the conditions were so bad that you were forced to move out. If your landlord sues you for damages, you can claim a rent refund for the period you lived in the apartment with the repair problem.

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Call your landlord right away if your utilities are shut off. If the landlord has turned off your utilities, you can sue to have the utilities turned back on. You can also sue to recover a maximum of 3 times the value of the damage you suffered or $500, whichever is greater, plus attorney’s fees.  If your landlord turns the utilities back on within a reasonable time, you can sue only for the money it actually cost you. You cannot collect money if the shut-off was because of something you or your guests did to damage the utility service. Protection against illegal shut-offs also covers residents after a mortgage foreclosure or contract-for-deed cancellation.

It is a criminal misdemeanor for a landlord to shut off the electricity, gas, or water services to get you to move out. The landlord must prove there was a good reason for turning off the utilities, such as making repairs. Sometimes, the utility company will shut off the utilities if the landlord did not pay a bill for which he was responsible.

 

You or other tenants can pay the gas, electric or water bill and deduct the amount from your rent payment if the utility company

●  Shuts off the utilities

●  Sends a final notice that the utilities will be shut off or

●  Posts a notice of disconnection at the building.

 

You only have to pay the most recent bill.  You do not have to pay any of the past due bills or late charges.

If you live in a building that has 1 to 4 units, you also have the option to take over the gas or electric account from your landlord and be a new customer.  You can do this as long as you meet the requirements that any new customer would have to meet. If you become a new customer, you do not have to pay ANY of the old bills. This includes even the most recent one.  The utility company CANNOT ask you to pay a deposit.

 

If you are in this situation, call a lawyer or your local legal services office for help.

In Minneapolis, there are special laws about utilities, such as
●  Your landlord must give you written notice (either included in the lease or as a separate document) saying who is the person responsible for paying the utilities you use.

●  If there are not separate meters in your building for the electricity, gas and water used by each rental unit, your landlord is responsible for paying those utility bills.

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It is illegal for a landlord to lock you out of your apartment, place your personal belongings onto the street, or change the locks for any reason, even if you are behind on your rent. A landlord can evict you only by bringing an eviction court case (also called an “unlawful detainer”) against you. The only person who can remove you by force from the property is a law enforcement officer (police officer or sheriff).  But the law enforcement officer can do this only after the landlord won the court case and the judge issued a Writ of Recovery.

 

If you have been locked out unlawfully and you want to get back into your house, follow these steps

1.  Find someone to be a “witness.”  You might want to ask a friend or someone else who lives in the building to come with you when you try to get back into your place

2.  Go to the landlord with your witness and ask the landlord to let you back into the home and

3.  Tell the landlord it is against the law to lock you out.

 

If the landlord still refuses to let you back into your home, follow these steps

1.  Call the police and ask them to help you get back into your home.
2.  Tell the police officer you want to file a criminal complaint. Be sure to get the officer’s badge number. This information may be helpful if you have to get a court order to let you back in the home.

If you still cannot get back into your home, call a lawyer, your local legal services office or the city attorney promptlyso that you can take legal action against your landlord. You can go to court immediately and get an immediate order to let you back into your home.  You should bring proof to the court hearing that you live there like a neighbor, a lease, or something with your address on it, like a driver’s license or bill.

After getting back into your home you may want to file a lawsuit against your landlord to pay for money you spent as a result of being locked out.  You can sue your landlord for an amount up to 3 times your actual out-of-pocket costs (like money you paid to stay somewhere else) or $500, whichever is greater. You can file the lawsuit in Conciliation Court if the amount you are suing for is $15,000 or less. There is a filing fee to start the court case but the court can waive (excuse) the fee if you cannot afford it.  Ask the court clerk for the papers to waive the fee.

This protection against unlawful lockouts also applies to tenants when there has been a mortgage foreclosure or contract-for-deed cancellation.

 

If a landlord wants to force you to move, they must file an eviction court case (formerly called an “unlawful detainer”) against you.

Eviction court cases can be filed against you for many reasons, like

●  not paying rent

●  not moving after getting proper notice

●  breaking the rules of the lease

●  destroying the rental property on purpose

●  causing a “public nuisance”– like selling or having drugs on the property.

If the landlord wins in court, the judge will issue a “Writ of Recovery” to the landlord. The Writ is a court order forcing you to move out within 24 hours. In some cases the judge will “stay” (delay) the writ for up to 7 days to give you time to find a new place to live. This means that the judge will give you 7 extra days to move before the Writ is effective.  Once the Writ is effective, you have only 24 hours to move.

●  hearings eviction

You know that the landlord has started an eviction court case against you when you get the Summons and Complaint (these are legal papers that tell you to appear in Housing Court). Do not ignore or throw away these papers. Pay attention to the way you get these papers. The papers must be “served” in the right way. Contact a lawyer or your local legal services office immediately.

●   The court hearing usually will be scheduled 7 to 14 days after you get the Summons and Complaint.

●   The Summons and Complaint will tell you why the landlord wants you out.  It will also have the date, time, and place for the court hearing.  If you live in Hennepin or Ramsey County, the landlord can also ask the judge for unpaid rent or other money they think you owe them at the time of the eviction hearing.

 

The Summons and Complaint might say that the landlord is evicting you for not paying rent.  If you agree that you owe rent and you have the money to pay it then you should be sure to go to the hearing.

At the hearing you can pay the amount of rent you owe plus the court filing fees and any service fees.  If you do this you can “redeem” your tenancy and the judge will decide that you can stay.  If you cannot pay all of this money but can pay some then it is possible that your landlord will settle the case with you and allow you to stay if you follow a payment plan.

●   It is important that you go to the hearing. If you do not go, you could lose the case automatically.  You would have to move immediately.  You might also have to pay money.

●   You can go to the hearing by yourself or with a lawyer or housing advocate. If you represent yourself at the hearing, get some advice from a lawyer or housing advocate before the hearing.

●   Unless you reach a settlement with the landlord, the landlord must prove the reasons why you should be evicted at the hearing.

●   When the landlord finishes, tell the judge why you do not think you should have to move. Be sure to tell the judge about any defenses you think you have such as retaliation, discrimination, and repair problems. It is a good idea to have a written “Answer” ready before the court hearing. The purpose of the “Answer” is to respond to the landlord’s list of complaints against you. Also, bring all evidence you have to support your case, like pictures, receipts, letters, witnesses, inspection reports, orders to repair, etc. Ask questions if you do not understand what is happening.

 

The judge or referee might send the case to trial if there are “factual disagreements” about the case (for example, if you and the landlord disagree about if the rent was paid). The trial will usually be within a few days of the first court date.  At the trial you should present all of your evidence, including photographs or receipts.  You should be prepared to tell your side of the story in detail and to bring any witnesses that support your case.  You do not need a lawyer for the trial, but it is a good idea to contact a lawyer or your local legal services immediately if you have a trial scheduled.

●   After listening to both you and your landlord, the judge or referee will decide whether you have to move out. If you win, you get to stay in your apartment. If the landlord wins, the judge will sign a Writ of Recovery ordering you to move out.

●   If the landlord wins, tell the judge it will be hard for you to move immediately and that you need some extra time. The judge can give you up to 7 extra days to move. You must ask for the extra time in order to get it.

●    If you lose, you have 10 days to appeal the decision. If you want to appeal, contact a lawyer immediately.  If a referee heard the case in Hennepin County or Ramsey County, you have 10 days to ask for a judge to review your case.

●   If you do not appeal and if you do not move out by the date the judge tells you to move, the Writ of Recovery will be “executed” (delivered) by a law enforcement officer.  You will then have 24 hours to move.

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A “defense” is an argument or reason you give to the court to support your case. While this booklet does not discuss all possible defenses, the most common defenses are included in the following sections. If you live in public or government subsidized housing, additional defenses may apply to your case.  Contact a lawyer or your local legal services office to figure out which defenses apply to your case.

 

ANSWER FORM TO LANDLORD’S EVICTION PETITION

See the section called “Answer Form” and use it to list your defenses in response to the landlord’s eviction (unlawful detainer) complaint.  To use this Answer, do the following:

1.  Write the names of the parties and the case number from the Summons in the space provided

2.  Check off the defenses that apply to your case

3.  Sign and date the form

4.  Give one copy of the completed Answer to the Court Administrator and one copy to the landlord at your hearing, and keep a copy for yourself. Remember you may be eligible to apply for waiver of the filing fee.

Note

The Answer form does not include some defenses which apply only to public and government subsidized housing. If you live in public or subsidized housing (including Section 8 housing), contact a lawyer or your local legal services office for help.

 

Registration

If your landlord has a trade name and is not a corporation, the landlord must register the trade name with the Secretary of State.  If the landlord does not register, the court should stop the eviction case until the landlord registers. If this happens, the landlord must pay you $250. Call the Secretary of State at (651) 296-2803 to make sure the landlord is not a corporation and to find out if the trade name is registered.  The Secretary of State can provide you with a certificate stating that the trade name is not registered.

 

Rental Licenses

Minneapolisand some other cities require that landlords have rental licenses before renting property. If you find out that your apartment is not licensed you should get a record from the housing department that there is no license.  Depending on your city, the landlord may not have the right to bring an eviction against you for not paying your rent if the landlord does not have a license.

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If the Complaint states that you owe rent, you will have a defense if you can prove that you paid the rent already. Bring all receipts, canceled checks, or witnesses to court to show you paid the rent.

If you paid part of your rent and the landlord did not give you a receipt stating that you have to pay the rest of the rent, your landlord might not be able to evict you for not paying the rest of the rent owed. This includes partial payments made for the month you are in court. However, you still might owe the rent to your landlord, who could withhold part of your security deposit when you move out or sue you in Conciliation Court to collect it.

If you withheld your rent because your landlord has not made needed repairs, you should bring the withheld rent (in cash) to court because you may need to deposit it into court.  Also, bring all the photographs, letters to your landlord, inspection reports, and witnesses you have to help prove your case.  You can ask the judge to lower your rent because of repair problems.
If you bring the rent owed to court (or if you paid the rent after the landlord filed the case), you can ask the court to give you up to 7 days to pay the landlord’s filing and late fee if the court orders you to pay it. The landlord’s fees will usually be written on the Complaint.

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Many landlords will charge a late fee for late rent and add it to the amount you owe.  If you did not agree to a late fee, you should tell the judge.  Even if your lease allows your landlord to charge a late fee, the fee might not be valid. To be legal, a late fee must be reasonable and must only cover costs that the landlord paid because your rent was late. It must not be a penalty. Talk to a lawyer to see if your landlord charged a legal late fee.

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If the Complaint states that you got notice to move out and you did not move, make sure the landlord gave youproper notice. The landlord usually does not have to give a reason for giving you the notice, but they cannot retaliate against you (see page 30).  If your landlord accepted rent from you after the date you were supposed to move, the notice to move out has been canceled. Bring to court all receipts, canceled checks, or witnesses to prove that your landlord got your rent.

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If you loose the case

If you lose the eviction case, the judge will issue a Writ of Recovery (eviction order) against you.

●  On the day, or any time after, the judge says you must move the landlord can pick up the Writ from the court clerk and take it to the law enforcement officer.

●  The law enforcement officer will serve the Writ on you as soon as possible, maybe even that day. The officer will either hand the Writ to you directly or post it on your door.

●  The Writ tells you that you must move out of the property within 24 hours.

●  If you do not move out within the 24 hours, the officer has the power to come back and forcibly move you out of the apartment. Sometimes it may take the officer more than 24 hours to come back.

Warning!

If you lose the eviction hearing, start looking for new housing immediately. If you stay in your apartment after the Writ has been served, you are at risk. If you cannot move before the Writ is served, protect your property as much as possible by moving out your important personal papers, medicine, clothing, some food, etc. Once the law enforcement officer forces you out of your apartment, all of your belongings will be put into storage.

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If you decide to move out of your own free will, be sure to give proper written notice if you have a periodic lease such as a month-to-month rental.  The landlord must get this notice by 11:59 p.m. the day before your rent is due for the last rental period.
For example, if you are renting on a month-to-month basis and you want to move out by February 1, you must give your landlord written notice of your intent to move before midnight, December 31.
E­ven if you are going to break the lease and cannot give proper notice, you still must give 3 days notice if you are moving between November 15 and April 15. By giving this 3 day notice, you will not be held responsible for any damage to water and utility pipes that may result from cold temperatures.  You do not need to give your landlord notice that you are moving at the end of a fixed term lease that is not being renewed.  See the section on fixed term and periodic leases.

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You must leave the apartment in the same condition as it was when you moved in, except for normal wear and tear. Clean carefully. When you are ready to leave, walk through the apartment to make sure everything is OK. If the landlord says the apartment is in satisfactory condition, have the landlord put this in writing and sign it. Keep a copy for yourself. It is also a good idea to take dated photos of the apartment after cleaning.

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KEYS

When you leave, give your keys back to the landlord.  Get a receipt saying that you returned them.

 

NEW ADDRESS

Before leaving, give your landlord written notice of an address where you can be reached by mail.  This way, the landlord can return your security deposit to you.  If you do not want the landlord to have your new home address, give another address where you can get mail.  For instance, you can use a post office box.

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Landlords usually ask tenants to pay a security or damage deposit when the tenant moves in.  If the landlord wants to increase the amount of the damage deposit while you are living there, the same written notice is required as is required for raising the rent (see page 34). If you don’t agree to the increase, you should answer the notice promptly with a written refusal, rather than pay the increase. You may be required to leave the apartment if you don’t want to pay the increase.

Tenants are not allowed to use the security deposit to pay the last month’s rent.  You should pay the last month’s rent, move out, and wait for the return of the security deposit from the landlord after you move. Remember to give your landlord your new mailing address.

If your apartment is sold during the time you are renting, the deposit must be given to the new owner or the tenant within 60 days.  However, the new owner is responsible for returning the deposit even if the deposit was not transferred to them.

When you leave the apartment, the landlord must return your security or damage deposit with interest. The interest amount changed so you get 3% annual interest on the deposit up until August 1, 2003 and 1% each year after that. The interest on your security deposit does not begin to build up until you pay all of the security deposit to the landlord.  When you have paid the entire security deposit, the interest starts to build up the next month.

For example,if you move into an apartment in January that requires a $600 security deposit and the landlord allows you to pay the security deposit at a rate of $200 per month for January, February and March, the interest on the security deposit does not begin to build up until April (assuming the security deposit is fully paid by March).

The landlord must return the deposit with interest to you or send a written explanation for keeping any part of the security deposit within 3 weeks (21 days) after the end of the tenancy and after getting your new mailing address. If you moved out because the building was condemned, the landlord must return the security deposit within 5 days after you move (see page 26).

If there is any unpaid rent the landlord can take that amount out of the security deposit.  If there are costs of getting the property back to the condition it was in when you moved in, the landlord can also take that cost out of the security deposit. This is things like cleaning, painting, new carpeting, etc.  But,you do not have to pay for “normal wear and tear.”  Usually, “normal wear and tear” depends on the circumstances.

 

For example,if you lived in a place for 3 years and it needs repainting when you move, you can argue that this is normal wear and tear and you are not responsible.

But, if the home was freshly painted when you moved in 6 months ago and it needs repainting now, that probably will not be considered “normal wear and tear.”  So, you may have to pay.

 

If the landlord does not send back your security deposit or a written explanation of why the security deposit is not being returned, you can sue your landlord for 2 times the amount of the deposit withheld plus interest. Also, if your landlord withheld part of your deposit in “bad faith”, you can be awarded up to $200 in “punitive damages.”  “Bad faith” means that the landlord knew that withholding the money was wrong, but did it anyway.

 

If you got a written explanation and you disagree with your landlord’s reasons for keeping the deposit, you can sue your landlord for return of the deposit.  Your landlord will have to prove that the money was used for repairs.  You can bring these types of cases in Conciliation Court if your claim is for $10,000 or less. For cases started on or after August 1, 2014, the limit will be raised to $15,000. There is a filing fee to start the court case, but the court can waive (excuse) the fee if you cannot afford it.  Ask the court clerk for the papers to waive the fee.

 

To protect yourself, make a list of everything that is wrong with the apartment before moving out and have the landlord sign it.  Compare this list with the list you prepared when moving into the apartment. Remember, it is very important to make a list before you move in and after you move out.

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Examples of minor lease violations that may be a basis for eviction if they are repeated may include repeated refusal to permit scheduled inspections or repairs, or repeated late payment of rent. Remember, many evictions for nonpayment of rent can be avoided by quickly reporting a reduction in income. Make your report in writing.

You must be advised of the reason for the eviction. In addition, as a public housing tenant, you must be advised of your right to ask for a grievance hearing. The type of notice and deadline to ask for an appeal depends on the type of housing program. If you get a notice to vacate you should talk to your local legal services office or a housing advocate immediately. Even if you lose at the housing authority’s grievance hearing, you cannot be evicted without an eviction court complaint and a hearing in court. At that time you have the chance to defend yourself.

At the eviction (unlawful detainer) hearing you can raise all of the defenses discussed earlier for private landlord/tenant relationships. They are also available to you as a resident in a public, project-based assisted housing program, or as a Section 8 Voucher holder.

http://www.ag.state.mn.us/Consumer/Handbooks/LT/default.asp

 

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