This booklet helps people renting a place to live understand their legal rights. It is a general guide and is not meant to answer all questions. The laws talked about in this booklet change often and may or may not apply to your situation, so be sure to check for changes.
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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 this repair list 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. Even if you do not visit an apartment before renting it, the landlord must tell you when you begin renting or within the first two weeks of your right to schedule an inspection of the apartment with the landlord.
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, calling 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 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 meter. 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 meter a landlord can either (1) install their own meter to measure the use in your unit (this is called a “submeter”) or (2) divide the utility bill between the tenants who share the same meter. If the landlord splits the bill (that is, does NOT install a submeter), the way that the landlord does that 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.
The landlord has to post all of the fees included with the total amount for rent in any advertisement.
Before you sign a lease, the landlord must tell you if the property is in foreclosure. If the landlord does not tell you the property is in foreclosure, you can go to court and ask for $500 in civil penalties from the landlord. If you become a tenant and the property is or goes into foreclosure, you have the right to stay there past the end of the foreclosure period. There is one exception: if the new owner will live there. In that case, you must get a 90-day notice to leave. Make sure you have all the information you need before you sign any lease.
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
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.
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 has to be 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."
It is important to know who your landlord will be and who the owner of the building is. You should also know how to contact the landlord or owner.
The building owner's name and address must be posted in a prominent place in the apartment building. Ask to have it pointed out to you.
Landlords cannot refuse to rent to you because of
It is illegal discrimination for a landlord to turn down your application, cut services, raise rent, or evict you for any of these reasons.
If you have a disability that affects your housing needs, you may have the right to get a “reasonable accommodation.” Reasonable accommodations are changes that make it possible for you to get into, keep or use the housing. Reasonable accommodations can be things like
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.
Landlords often use tenant screening companies to find out about a tenant before renting to them. Screening companies report information like rental history, unlawful detainers (evictions), credit history, and criminal records. State and federal laws control these companies. You may have the right to sue the tenant screening company if it does not follow the law. Contact a lawyer or your local legal services office at 1-(877) 696-6529 if you are having problems with a tenant screening company.
Tenant Screening Report
You have a right to a copy of your tenant screening report. A tenant screening company has to give you a copy of your tenant screening report when you ask for it. The tenant screening company may make you pay for a copy of the report, but they cannot charge you more than $9. If you have been turned down for housing in the past 30 days because of information in the report, your copy of the report is free.
It is a good idea to see the written information a tenant screening company may have about you. If the tenant screening information is bad, it could make it hard to find a landlord to rent to you.
A tenant screening report must be correct. Sometimes they have wrong information about a tenant. This may happen for many reasons. The most common reason is that a tenant may have a common name (for example, George Jones). In this case, information about other people with similar names might show up on your tenant screening report. A report may also be wrong because it gives information that came from bad sources. Tenant screening reports have to list a date of birth and the full name of the tenant if available. This helps cut down on the number of mistakes.
You have a right to question any information in your screening report. If you think your screening report has things that are wrong, the tenant screening company has to investigate your claims. If their investigation shows that the information is wrong, or if the information cannot be confirmed, the tenant screening company must correct or erase it. You also have the right to explain things in the report and why you disagree with them.
If the landlord charged you an application fee, they have to give you the name, address and telephone number of the tenant screening company they use. If you are turned down because of your tenant screening report you should check what is on it.
You can also ask for a “phone disclosure.” This means they will read your report to you on the phone. To ask for a telephone disclosure, send a written request, along with a copy of your ID. Your request should state a day that you will call, and that you want the report read to you that day. If you ask for phone disclosure, the tenant screening company has to read the report to you by phone on the day you stated in your written request. Remember, phone disclosure does not protect your rights to get a free written copy of the report. You should get a written copy of the report.
Your written explanation must be 100 words or less. The tenant screening company has to add your written explanation to your tenant screening report. They must also send out your written explanation with all copies of your tenant screening report in the future.
For example
Your landlord tried to evict you last year for not paying your rent. You stopped paying rent because he did not make repairs that the city ordered him to make. At the hearing, you won and got to stay in your apartment. But the fact that he tried to evict you can stay on your report. If you explain the details on your tenant screening report, future landlords will know that you are not a bad tenant.
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.
Tenant screening reports should not include cases that have been expunged from your record. “Expungement” means sealing the public record of a court action. See "Expunging or Sealing Eviction Court Records" in Chapter 7 for more information about getting an expungement.
You have to tell the tenant screening agencies that an eviction has been expunged. If one tenant screening agency is reporting an expunged eviction, contact all the tenant screening agencies in Minnesota to let them know. The law says that a screening company may not report an eviction once the company knows it has been expunged. See the Twin Cities Tenant Screening Agencies section of this booklet. You may also be able to get a list of tenant screening agencies from court clerks.
A “lease” is the agreement a tenant makes with a landlord to rent a place to live. A lease is usually in writing, but it may be verbal. A lease has to be in writing if the rental period is for more than 1 year. Some landlords of smaller buildings like to have only a verbal agreement with a tenant. This is legal but it is in your best interest to have a written lease. If the apartment is in a building with 12 or more units, the landlord must use a written lease.
When you have a written lease, the landlord has to give you a copy of the lease. If a landlord refuses to give you a copy of the written lease, the landlord might be prevented from using the lease in court.
Generally there are 2 types of leases, fixed term leases and periodic leases. The type of lease you have may affect your legal rights as a tenant.
A fixed term lease is a lease for a set period of time. This type of lease ends on a specific date. Your right to stay in the rental property ends on that date. The most common fixed term leases are for 6 months or 1 year. To end a fixed term lease on the date stated, you do not usually have to give your landlord advance written notice. Some fixed term leases will say that you have to, but it has to be written in the lease. Rules may be different if your rent is subsidized by the government. See Chapter 9: "Public and Subsidized Housing."
You may be able to stay after the end of a fixed term lease if you and the landlord agree to it. You may also be able to stay if your landlord accepts rent from you after the lease ends. If the landlord accepts rent after the lease ends but you do not sign a new lease, you are automatically on a periodic month-to-month lease.
Some fixed term leases have an automatic renewal. This means that the lease is renewed (extended) for the original period of time unless you give your landlord proper advance written notice that you plan to move out at the end of the lease term. The landlord must give you advance notice that the lease will automatically renew. Advance notice must take place 15 – 30 days before your notice-to-move deadline. Check your lease for your notice deadline. If the landlord does not give notice, the lease is not renewed for the original period. If the landlord does give you notice of the renewal, you must give written notice to your landlord of your intent to move before the deadline. Otherwise you could be held responsible for all the rent covering the lease term when you move.
This is a lease that does not have a specific or set ending date. It goes from one rental period to another until the landlord or the tenant ends the lease. The month-to-month lease is the most common kind of periodic lease.
To end a periodic lease, the landlord or tenant must give written notice at least one full rental period in advance. This means that if you want to end the lease, your landlord must receive your written notice the day before the final month's rent payment is due. If your landlord wants to end the lease, he or she must give you written notice in the same manner.
For example, you are a tenant in a month-to-month or periodic lease, and you want to move out by June 1. Your last month will be May and your rent for May is due May 1. Your landlord must receive your written notice that you want to move out by midnight, April 30. If you mail the notice, plan for enough time for the landlord to receive it by the deadline.
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 you and the landlord agreed to when you talked.
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 things.
You can also ask the landlord to sign a lease that you have written or get one from the Minnesota State Bar Association: https://www.mnbar.org/members/sections/real-property-law-section/residential-real-estate-committee-forms#.WbrJ-CSVc98
ALWAYS KEEP A COPY OF THE LEASE FOR YOURSELFThe lease binds both the landlord and you to the terms of the lease. That means both you and the landlord must follow the rules of the lease. These are things like
The landlord cannot say that you have to do repairs or maintenance duties (like yard work) unless you agree to it in writing and you are paid for the work. You can be paid by having a lower rent or direct payment from the landlord, but your lease has to say exactly how much you are being paid for doing the work.
The landlord may ask for your full name and date of birth on the rental application and may put this information on your lease.
Minnesota law caps the amount that can be charged as a periodic late fee at 8% of the unpaid rent. If you live in subsidized housing (for example Section 8) the late fee may be higher only if federal law allows it.
Your landlord must put all of the fees you have to pay in your lease. They must put the total monthly payment on the first page of your lease. If your landlord doesn’t put all of the fees in the lease and they try to charge you, you can sue them for 3x any damages and reasonable attorney fees.
Some leases say that the landlord can get legal fees if they sue you and win. If your lease says this, you can also get legal fees if you win a lawsuit against your landlord.
If your lease says you have to move out before the end of the month, the landlord cannot charge you a full month’s rent for the last month. The landlord can only charge you for the days that month that you still lived there.
By Minnesota law, every written or verbal lease assumes that certain illegal activities will not be allowed on the property by the tenant or the landlord. Illegal activities are things like allowing 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. This law cannot be taken out or changed by the landlord or the tenant.
Possession or use of some but not all types of cannabis is now legal. Your landlord cannot prohibit you from possessing any cannabis products, lower-potency hemp edibles, or hemp-derived consumer products. They also can’t prohibit you from using any cannabinoid product or hemp-derived consumer product, but they can prohibit smoking or vaping.
If you violate this promise, your right to live there ends. The landlord may file an eviction court complaint (also called an unlawful detainer) against you for violating these rules. A landlord can do this without advance notice if these rules are broken. The eviction hearing may be scheduled as soon as 5 days after the landlord starts the eviction process.
There are some lease terms which you should watch out for. Check that your lease does not have the following things in it.
Some common examples of illegal lease terms include those that
The landlord may not be able to enforce illegal lease terms. So, if you signed a lease that has an illegal lease term you do not have to obey it.
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.
Be careful when choosing roommates. You can be evicted if your roommate breaks the lease. You could also be financially responsible if your roommate doesn’t pay his rent. If more than one person rents the house or apartment, each person is legally responsible for paying the whole rent. This means that if one roommate does not pay their share, someone else will have to cover it. If your roommate moves out, you will have to pay the whole rent or the landlord can evict you. But you can sue the other tenants if they leave without paying their share of the rent. In some cases, your lease may say that you are only responsible for your share of the rent. Contact a lawyer or tenant advocate if this happens to you.
As a tenant in Minnesota, you have the following rights.
If your building is sold, the new owner has to follow the rules of your existing lease unless your lease says differently. The new landlord has to follow these terms until your lease ends. If you have a periodic lease, you can force the new owner to give you proper notice before changing or ending the tenancy.
If the building is converted to condominiums you have special protections, including
Rental property can be foreclosed by mortgage lenders. If your apartment goes into foreclosure, occupants of the building will get a notice from the Sheriff called a Notice of Mortgage Foreclosure Sale. This notice tells you the date of the foreclosure sale.
Your landlord generally has 6 months from the date of the Sheriff’s sale to try and buy back the building. This time period is called the “redemption period.” You can live in your apartment during the redemption period but rent is still due. If your lease is scheduled to end or the landlord (not the bank) gives you notice to move during this time, you may have to move. Your landlord must still pay the utility bills if the lease requires it.
In most cases, tenants can stay in foreclosed rental property after the end of the redemption period for 90 days or until the lease expires, whichever is more. Tenants are entitled to a 90-day written notice to end their tenancy and the notice cannot be given sooner than the end of the redemption period.
If you have a lease from your landlord that expires later than 90 days after the end of the redemption period, you can stay in your apartment until the end of your lease. The bank must still give you a 90-day notice to end the lease and tenancy on that date.
You must pay rent and abide by the terms of your lease in order to stay.
If someone buys your apartment building or home in order to use it as their personal residence, they can make you leave earlier. However, they must still give you a 90-day notice.
If the bank did not send you a 90-day notice, but tried to evict you anyway, you can get the record of the eviction against you expunged from court records. This right applies to evictions involving foreclosures.
“Subletting” means that you lease your home to another person. You have the right to sublet, unless your lease says you cannot. When you sublet a home you are still responsible for the things in the lease, even though you are renting it to someone else. If you think you might need to sublet later, read the lease carefully before renting to make sure subletting is allowed. Many leases do not let you sublet but some let you if you get permission from the landlord.
You have the following responsibilities as a tenant.
A landlord may not enter your apartment unless they have a business reason to enter AND they have given you 24-hour notice to come between 8:00 a.m. and 8:00 p.m. 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
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 an emergency. 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 situations can 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
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 $500 for each violation of your privacy and reasonable attorney fees. You can also enforce your privacy rights in a Rent Escrow action (see “Rent Escrow” in Chapter 4) or when defending an eviction case. 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.
When you pay rent, some of that money is for property taxes for the building where you live. In Minnesota, some tenants can get part of this money back as a refund. The refund depends on your income and the amount of rent you paid that year. You can get this tax refund if you rent in a building where the landlord pays property taxes and if you are below a certain income.
To claim a renters' tax credit refund, send the Minnesota Department of Revenue the following items.
1. A completed tax refund form (M1PR) (a form that you fill out) and
2. A "Certificate of Rent Paid" (CRP) (a form the landlord is required to fill out and give you). The landlord must give you the Certificate of Rent Paid (CRP) by January 31 of each year.
You can file for a renter's tax credit refund any time before August 15 of each year.
The landlord must give you the Certificate of Rent Paid (CRP) by January 31 of each year.If The Landlord Does Not Give You the CRP
If the landlord does not give you the CRP, call the landlord and remind him. If you still do not get your CRP, then take the following steps.
You will get your refund in August or September, or 60 days after the Department of Revenue gets your application for a refund. If you have any questions, call the Minnesota Department of Revenue at (651) 296-3781.
Your landlord has to keep up your home so that it is fit to live in and in good repair. There are also statewide electrical, energy efficiency, fire, and health codes. Some cities and towns have local housing maintenance codes which have detailed maintenance rules that the landlord must meet. If you do not know if your town has a maintenance code, call the local building inspector or the town clerk.
Common repair problems are things like
If you have problems with bugs or mice, get evidence of it, like dead bugs/mice or droppings to show to the inspector or the court.
The first step to getting repairs made is to call your landlord. If you have problems getting your landlord to fix things in your apartment, there are 3 ways to use the courts to force your landlord to make repairs. They are
Rent Escrow cases and Minnesota Tenant Remedies cases are used for the same purpose: when normal repairs are not being done by the landlord. If a tenant has rent that can be paid into court, it is usually more effective to file a Rent Escrow case. This is because the landlord is more likely to do repairs if the Court is holding the rent. More detail about Rent Escrow cases and Minnesota Tenant Remedies cases can be found in this chapter.
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 at 1-(877) 696-6529 before starting a Rent Escrow court case.
Before You Pay Your Rent Into Court
You must do one of two things before you pay your rent into court and start a Rent Escrow case. It is best to do both, but you only have to do one of the following
What the Court Can Do
Warning!
The landlord can sue to evict you for nonpayment of rent 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.
If you win the Tenants Remedies Act case, the court may:
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). The court can waive (excuse) the filing fee for this type of case if you have a low income. Ask for a “Fee Waiver.” You do not need to wait 2 weeks for a repair letter to expire and you do not need to call the housing inspector.
You can ask the court for a repair order in emergency cases when
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 (see Chapter 4). You should contact a lawyer or your local legal services office for help at 1-(877) 696-6529.
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.” 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.
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 agreement 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.
Rent abatement is when you get rent money back for living in a place that was not in good repair and not up to local housing code. Rent abatements can be awarded as part of Rent Escrow, Minnesota Tenants Remedies Actions and Emergency Tenants Remedies Actions. If your landlord makes the repairs and you did not bring any of the above court cases, you can bring a lawsuit in District Court or Conciliation Court. The court can waive (excuse) the filing fees for these types of cases if you have a low income. Ask for a “Fee Waiver.” You can download the forms for a Fee Waiver on the court’s website at https://www.mncourts.gov/GetForms.aspx?c=19
You should ask the court for a refund of part of your rent refund for the time you lived there while the apartment was in disrepair. A lawsuit for rent abatement should be done after the repairs are made, so that you can tell the judge how long you lived there with repair problems. The judge can order your landlord to return part of the rent that you paid for the whole time that the repair problems lowered the value of your apartment.
For example, let's say you normally pay $600 per month in rent but there are broken windows and a leaky toilet. You might ask for the money to fix the toilet plus a reduction of $200 in rent for each month that the broken windows and leaky toilet increased your utility bills.
Evidence is necessary to show that you are entitled to a rent abatement. To win a rent abatement, you must prove 4 things in court
For example, a one-bedroom apartment rents for $50 less than a two-bedroom apartment in the same building. You did not use your second bedroom because there were no storm windows. Therefore, you should get damages of $50 per month because with no storm windows it was as if you had a one-bedroom apartment.
Remember – Your landlord cannot retaliate against you for bringing a case to enforce your rights as a tenant.
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 at 1 (877) 696-6529. In general you should know that
If your home has been condemned for a public purpose
If you have problems enforcing your rights or collecting damages, call a lawyer or your local legal services office for help at 1 (877) 696-6529.
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.
Lead poisoning can cause serious health problems. You or members of your family can be poisoned from lead in:
There is a federal law to help protect tenants from the primary source of lead poisoning– lead-based paints. This law applies to almost all housing built before 1978 except some housing for the elderly; housing for persons with disabilities (unless a child younger than 6 years of age lives or is going to live there) and any “zero bedroom” housing such as efficiencies, dorms and the rental of individual rooms in a house. This law does not apply to housing certified as lead-free.
If this law applies to an apartment you want to rent, the landlord must
You have the right to review this information before you rent the apartment.
If you decide to rent the apartment, your lease must include
If the landlord fails to follow this law, you still have a valid lease. However, the landlord can be subject to penalties, including fines, damages, and jail for not obeying this law.
Lead poisoning can cause learning problems and behavior disorders
Lead can be found in paint or plaster, paint dust, the soil, and occasionally tap water. The most common sources of lead are older homes or apartments, homes in the inner city, and uncovered soil exposed to automobile fumes. Children and pregnant women are the most at risk from lead. Lead can get into a child's bloodstream if they breathe the dust from paint or soil for a fairly short period of time or eat even a small amount of paint chips or leaded soil.
All children should be screened regularly for lead as part of their regular doctor check-ups. A simple blood test can show lead levels in blood. Screening should be done as follows
If you get Medical Assistance, the cost of screening should be covered under the EPSDT program.
The state or local health department has to inspect so they can find the source of the lead whenever a child under 6 or a pregnant woman has high levels of lead in their blood. They will inspect your home and all common areas of the apartment building. They will also inspect any other place where the child spends a lot of time. The Health Department must inspect within 5 days after it is told about the high lead levels.
If the Health Department finds lead, the property owner must make the property "lead safe." The property owner will be ordered to remove or cover the lead source by a certain date (usually 2 to 4 weeks). This is always the landlord's responsibility, not the tenant's. A person from the health department should tell you if you should move during the clean-up. They can also answer any questions you have about how your health will be affected once the property is “lead safe.” Fumes and dust from lead paint removal are very dangerous for children and pregnant women.
If you decide to leave your apartment during the clean-up, you can cancel your lease. If you move, the landlord has to give back your security deposit within 5 days plus any rent you paid in advance. You also have the right to move out just for a while. The landlord has to let you move back in when the clean-up is done. You do not have to pay rent for the time you are out of the building. If you need money to move or for temporary housing, ask the health department if you can get help.
Before moving back into your apartment, make sure the health inspector has come again and checked it. Also make sure that the landlord carefully cleaned up after the work was done.
If your landlord does not remove the lead paint, you can take any of the legal actions listed in this chapter. If you or your children have been harmed by the lead, you may also have a claim for money from your landlord. You may be able to bring only 1 court case against your landlord. See a lawyer first to make sure all parts of your claim, such as lead paint damage and rent abatement (a partial return of rent), are included in any lawsuit you start.
There are a number of ways to change or end a lease agreement. It depends if you have a Fixed Term Lease or a Periodic Lease (see Chapter 2 for definitions of these terms). If both you and your landlord agree to change or end the lease, that should be enough to make the change or end the tenancy. This is true for a verbal or written lease, a fixed term lease or a periodic lease. It could be different, though, if you live in subsidized housing such as Section 8.
Be sure to get the agreement in writing. If you do not get this agreement in writing, an "I said, you said" argument might develop later. You could be held to the original terms of the lease, including payment of all rent due.
Warning!
If you break your lease without the agreement of the landlord, the landlord may make you pay rent for the whole period of the lease unless the landlord is able to re-rent the apartment to another tenant. The landlord has no duty to try to find someone to replace you.
There is no automatic right to break a lease. Tenants who are victims of domestic violence and families of tenants who die during the tenancy may be able to end a lease early without an agreement from the landlord. Otherwise, there is no automatic way to break a lease. Landlords do not need to let you out of the lease if you lose your job. They also do not need to let you out of the lease if you are buying a house or if your job transfers you out of State. If you might buy a house or be transferred for work then you should include language in your lease that lets you break the lease for these reasons.
If and when a landlord can raise your rent depends on the kind of lease you have.
Fixed Term Leases
With a fixed term lease, your rent will usually stay the same for the whole lease period. A written lease might say how and when rent increases happen, if at all. If there is nothing in the lease about rent increases, make it clear in writing when you sign the lease that no rent increases are to happen during the lease period.
Periodic Leases
If you have a periodic lease, like a month-to-month rental, your landlord may raise your rent by any amount, as often as they want. There is no rent control in Minnesota except in public or subsidized housing. But, there are things a landlord has to do before raising your rent.
You have to get proper notice before a rent increase takes effect. That means you must get written notice no later than 11:59 p.m. of the day before the next rental period begins. The rent increase does not take effect until the second rental period following the notice unless the notice states that it is effective at an even later date. In the case of a month-to-month rental in which the rent is due on the first of the month, written notice given in December cannot be effective until February.
You can challenge a rent increase in 3 situations as follows
If any of the above situations are true, you do not have to pay the increased rent. Also, if you think your rent went up because of discrimination, contact the Minnesota Department of Human Rights or your local civil rights office to file a complaint.
Remember, if you do not pay the increased rent, the landlord may file an eviction case against you. But the landlord cannot evict you without bringing an eviction case in court. If the landlord does take you to court, tell the judge about the improper notice or discrimination or retaliation. Be careful. If the judge decides that the landlord was not doing what you claimed, you will have to pay the increased rent and court costs. If you do not pay, you will be evicted.
You can legally break your lease if you have been a victim of domestic violence, sexual assault, or stalking, and you do 2 things
1. Give the landlord
2. Pay the rent for the month you move out.
You will also lose your security deposit. The landlord keeps it in return for letting you break the lease.
If you don’t have (or don’t want to get) an Order for Protection or Harassment Restraining Order, you have the right to present a document (see the Statement by qualified third party - Minn. Stat. § 504B.206) from any one of the following that shows you have been a victim of domestic violence, sexual assault, or stalking
If you have questions, contact your local legal services office, a domestic abuse advocate, or a sexual assault counselor. For more information, see our fact sheet H-23 Victims of Domestic Violence, Stalking, or Criminal Conduct: Your Rights in Breaking Your Lease.
You or someone you authorize to represent you can end your lease if a medical professional decides you need to move into a medical care facility. You have to give the landlord two-month’s written notice, along with the medical report and documentation showing that you’ve been accepted as a resident or have a pending application at a location where the medical professional has indicated you need to move.
Generally, a lease for a fixed period of time cannot be changed or ended until the ending date specified in the lease unless you and your landlord agree otherwise.
Read your lease. Usually, no notice is needed to end the fixed term lease if you want to end it on the date given in the lease. But some fixed term leases let you or the landlord end the lease by giving 30 or 60 days notice. If the lease does have a set notice period, it must be at least the same for you as it is for the landlord.
Some fixed term leases have an "automatic renewal clause." This means that if you do not say anything to the landlord, your lease will be renewed automatically (see Fixed Term Lease in Chapter 2). Renewal clauses are only legal if the landlord sends a letter of renewal to the tenant. This letter must be sent at least 15 days, but no more than 30 days, before the date you would have to give notice of your plans to move. The letter must state that the lease will be renewed unless you send a letter saying that you do not want to renew and will move. If the lease is for at least 10 months, your landlord has to wait until six months from the end of lease before requiring you to renew the lease.
To change or end a periodic lease, like a month-to-month rental, either you or your landlord must give proper written notice. The notice must be given by 11:59 p.m. of the day before the rent is due. With a periodic lease, the rental period begins the day the rent is due and lasts until the rent is due again. If your rent is due on the first of the month, your rental period runs from the first to the end of the month.
For example, let’s say you are renting month-to-month with rent due on the first of the month. You want to move out by February 1. You have to give your landlord written notice of intent to move before 11:59 p.m., December 31st. To be considered "proper notice,” your letter to the landlord only needs to state the date you will move out.
If you want to move but you do not give the proper notice, your landlord may hold you responsible for an extra month of rent even though you moved out before the next month began.
If your landlord wants you to move but does not give you proper notice, you can stay in your apartment (if you pay the rent) until your landlord gives you another notice which is proper.
Remember, a lease is a binding agreement!
Do not break it without carefully thinking about your choices in advance. If you must break a lease, the best ways to get out of it are:
If the landlord takes rent money from you after the date you were told to move, the move out notice may be canceled by law. This would renew your lease. Talk to a lawyer before you assume that acceptance of rent has canceled the notice.
When you move out of an apartment, always tell the landlord that you moved, even if you do not give "proper" notice. Tenants have to give landlords at least 3 days notice before moving any time between November 15 and April 15. Tenants who do not give this 3 day notice may be found guilty of a criminal misdemeanor. The reason for this law is that plumbing may be damaged by freezing if the apartment is empty and unheated.
Some leases are broken by what is called "surrender and acceptance." This may happen in at least 2 ways
See “Chapter 9: Public and Subsidized Housing” for more information.
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 written notice 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 Chapter 4 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
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 (see “Sue For Rent Abatement” in Chapter 4).
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
You only have to pay the most recent bill. You do not have to pay any 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
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
If the landlord still refuses to let you back into your home, follow these steps
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 right away so 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 $20,000 or less. There is a filing fee to start the case but the court can waive (excuse) the fee if you have a low income. Ask the court clerk for a Fee Waiver.
This protection against unlawful lockouts also applies to tenants when there has been a mortgage foreclosure or contract-for-deed cancellation.
If your landlord wants to force you to move, they must file an eviction court case (formerly called an “unlawful detainer”) against you.
The landlord has to give you a 14-day notice before they file an eviction against you for nonpayment of rent. The notice must tell you
Your landlord must deliver or mail the notice to you. You can use the notice to help get Emergency Assistance.
No prior notice is required if the landlord says you violated the lease in any other way, with a couple of exceptions. A federal law called the “CARES Act” requires a 30-day notice for public and subsidized housing, and rental houses and buildings with federally backed mortgages. A legal aid office can help you find out if the CARES Act covers your apartment.
Eviction court cases can be filed against you for many reasons, like
The landlord’s court complaint must include
If you live in public or subsidized housing, the complaint must include the type of subsidy and which agency manages your subsidy. If you live in public housing and the landlord claims that you violated the lease, the complaint must state you have the right to a court-appointed attorney.
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.
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.
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. If you live in public or government subsidized housing, additional defenses may apply to your case (see "Evictions" in Chapter 9). Contact a lawyer or your local legal services office at 1-(877) 696-6529 to figure out which defenses apply to your case.
You can use this form "Answer" to list your defenses in response to the landlord's eviction (unlawful detainer) complaint. To use this Answer, do the following things.
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 at 1-(877) 696-6529 for help.
Improper Delivery Of Eviction Court Papers - “Service”
There are rules about how the court papers must be given (served) to you. Your landlord cannot sue to evict you without serving you the papers in the right way. You must get the Summons and Complaint at least 7 days before your court hearing. In most circumstances, the Summons and Complaint must be delivered by hand, by someone other than the landlord. These papers may not be given to a person who does not live in your apartment or who is not of "suitable age and discretion", like a young child. The only time the landlord can mail the papers to your address is if you cannot be found in the county after delivery of the papers has been tried twice. At least one of those attempts must be made between 6:00 p.m. and 10:00 p.m.
Landlord Notices, Registration and Rental License Defenses
Notices
Your landlord cannot sue to evict you if you did not know the names and addresses of the owner or manager of the apartment, and the names and addresses of the landlord's agents who can accept notices from you.
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
Minneapolis and 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.
Nonpayment Of Rent Defenses
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. You also have a defense if your landlord did not give you a 14-day notice that you owe 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 be prepared to pay your rent as it becomes due until the case is done. 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 (see “Sue For Rent Abatement” in Chapter 4).
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.
Increased Rent Defenses
If your landlord improperly raised your rent, the court should order that you do not have to pay the increase. The landlord must give you proper notice to raise the rent and cannot raise the rent to retaliate against you (see “Retaliation" in Chapter 4). You must bring to court the amount of rent you owed before the increase. If the judge decides that the increase was proper, you will have to pay the increased rent amount. The court will tell you when you need to pay the increase.
Unpaid Late Fees Defenses
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 no more that 8% of the rent that is due. Talk to a lawyer to see if your landlord charged a legal late fee.
Notice to Move Out Defenses
If the Complaint states that you got notice to move out and you did not move, make sure the landlord gave you proper notice. The landlord usually does not have to give a reason for giving you the notice, but they cannot retaliate against you (see “Retaliation" in Chapter 4). 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.
Breach of Lease Defenses
If the Complaint states that you broke the lease and you do not think you did, bring photographs, documents, receipts, and witnesses to court that will help you prove your case. If your landlord accepted rent from you after the dates on which the landlord says you broke the lease, the landlord may have given up the right to use those incidents as reasons to evict you.
If the Complaint states that you allowed illegal drugs on the property, it could be a defense if it was the people who live with you who had the drugs or allowed them on the property, unless the landlord can prove you knew or had reason to know of this activity. Possession or use of some but not all types of cannabis is now legal. Your landlord can’t prohibit you from possessing any cannabis products, lower-potency hemp edibles, or hemp-derived consumer products. They also can’t prohibit you from using any cannabinoid product or hemp-derived consumer product, but they can prohibit smoking or vaping.
If you have a disability and you believe that your violation of the lease might have been related to your disability, you may have a defense to the eviction if your landlord did not make reasonable efforts to accommodate your disability. You must ask the landlord to accommodate your disability. Propose a reasonable plan to prevent other problems from happening in the future. Make your proposal in writing.
Beginning June 1, 2024, your landlord can’t evict you or penalize you for something you, your household member, or your guests do off of the property, unless
If you live in public or government-subsidized housing, you can be evicted only if there are serious or repeated violations of material terms of the lease, or for other good cause. However, some Section 8 tenancies can now be terminated without cause at the end of the first year of the lease, or at the end of the next term that starts at the end of the first-year term. If you live in public housing and the landlord claims that you violated the lease, you have the right to a court-appointed attorney. You should contact a lawyer or your local legal services office at 1-(877) 696-6529 if you have questions.
Nonpayment of Rent and Breach of the Lease Defenses
If the Complaint states that you should be evicted because of nonpayment of rent and breach of the lease, the court should look at the breach of lease claim first. You should not have to pay withheld rent into court at that time. If the court decides that you did not violate the lease, then the court will look at the nonpayment of rent claim.
There are Other Defenses Available in Eviction Cases
Remember that the defenses discussed above are only some of the more common defenses that are available in eviction cases. You should talk with a lawyer to make sure that you have considered all of the defenses that apply to your case.
If you lose the eviction case, the judge will issue a Writ of Recovery (eviction order) against you.
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.
The landlord has to store any of your belongings that are left on the property after the law enforcement officer forces you to move. This is why it is important for you to remove as many of your belongings as you can before the law enforcement officer makes you move. The landlord can store your property either at your home or somewhere else.
If the landlord plans to store your belongings off the premises (somewhere else), the landlord will set up a time for the law enforcement officer to come back with a mover. The movers will pack up all of your belongings and put them in storage. In order to get your belongings back, you must pay all packing, moving, and storage costs. The longer the belongings are in storage, the more you will have to pay. If you do not pay to get your belongings back within 28 days, the landlord can sell your belongings and use that money to pay the moving and storage costs.
If the landlord plans to store your belongings on the premises (at your home), the landlord must return the property to you within 24 hours of your demand letter.
Note: You do not need to pay unpaid rent, late fees, or a security deposit in order to get your belongings back. You only need to pay moving and storage costs if the property is stored off the premises.
If your personal belongings were taken by the landlord or you left property behind (like if you leave the apartment and do not return), the landlord can put the property in storage. To get your property back, you must write your landlord and demand that they return your property. Keep a copy of your letter. The landlord must return the property to you within 24 hours if it is stored somewhere on the premises. If the property is stored somewhere else, the landlord must return the property to you within 48 hours. This does not include weekends and holidays.
If the landlord does not return your personal belongings to you after getting your letter, you can sue to get them back. In addition to awarding the value of the property or ordering the landlord to give back your property, the judge may order the landlord to pay you money for keeping your property from you and for attorney's fees.
The landlord can sue you for what it cost to move and store your property. The landlord must keep your things for 28 days after they get the actual notice that you have abandoned the apartment or after it reasonably seems to the landlord that the unit has been abandoned. The landlord may sell or get rid of your property after the 28-day period has ended. At least 2 weeks before the sale, the landlord must make a reasonable effort to let you know about the sale. The money from the sale will be used to pay off any debts owed the landlord by the tenant. However, the landlord must give you any money left over from the sale of your property if you ask for it in writing. This protection includes occupants following a mortgage foreclosure or contract-for-deed cancellation.
“Expungement” means sealing the public record of a court action. If your eviction is expunged, then someone searching court files cannot find a record of your eviction case. The law allows courts to expunge eviction cases, but only in a small number of situations. If an old eviction case is keeping you from getting housing, you may want to try for an expungement. But you only have a chance if you won the eviction case or can prove that the landlord brought a bad case against you.
The court must expunge the file if
Even if none of these things are true, the court can still expunge your case if it decides that expungement is “clearly in the interests of justice,” and the “interests of justice” outweigh “the public’s interest in knowing the record.”
You need to ask the court in writing to expunge your record. You may have to go to court to explain why you think you should be able to expunge. Your written request is called a “motion.” Most courts have forms for making “motions” which you could use. There will be a fee for making an expungement motion. You can ask the court clerks how to make the motion for free. Contact an attorney or your legal services office at office at 1 (877) 696-6529 for help with your expungement.
If the court expunges your records, contact each of the tenant screening agencies in Minnesota to let them know. The law says that a screening company may not report an eviction once the company knows it has been expunged. A list of Twin Cities tenant screening agencies can be found at the end of this booklet. You may also be able to get a list of tenant screening agencies from court clerks.