How to Rent

This information is designed to provide you with answers to common rental questions.
This information does not constitute legal advice, but is a service to give general
answers to common questions. For specific answers, please contact an attorney.

Information regarding your residency is available on the following topics:

• Security or damage deposits
• Leases
• Eviction
• Payment of rent
• Certificate of Rent Paid

SECURITY DEPOSITS
Information is available on:
• Interest rate on your security deposit
• Deductions that may be made from your security deposit
• When your security deposit must be returned

• Interest rate on your security deposit (Formula: Deposit x Rate x Lease Term)

1)	Interest is figured at 1% per year starting August 1, 2003.
2)	Interest is figured at 3% per year starting March 22, 1996 through July 31, 2003.
3)	Interest is figured at 4% per year starting April 28, 1992 through March 21, 1996.
4)	Interest is figured at 5.5% from October 1, 1984 though April 27, 1992.
5)	Interest is figured at 5% from July 1, 1973 through September 30, 1984.
6)	A landlord must return a resident's security deposit plus interest, or give a written explanation why the deposit (or any portion of it) is not being returned, within 21 days after the tenancy ends and the resident has given the landlord a forwarding address.

7)	There are several exceptions to 6); for example, when a building is condemned, foreclosed or sold. Please consult your attorney in these special situations.

*	Any interest amount less than $1.00 shall be excluded from the refund. (Minnesota Statute 504B.178, subd. 2)

	Note: This information does not constitute legal, accounting or other professional advice. It cannot cover all situations.

• Deductions that may be made from your security deposit
Deductions may be taken from a security deposit for payment of rent or other money due to the landlord according to the lease and to restore the rental unit to the same condition as when you moved in. However, money may not be deducted for ordinary wear and tear on a rental unit.

• When your security deposit must be returned
The security deposit with interest or a written statement outlining why money from the security deposit is being held should be returned to you within three weeks after the end of the tenancy and a forwarding address is received.

LEASE
Information is available on:
• Notice to vacate
• Rights if the property is sold
• Rights if the owner violates the lease
• Rights if your neighbor violates their lease
• Rights in an oral lease
• Right to have a pet
• Rights if there is no lease
• Right to paint or decorate your apartment
• What you should do if you have a maintenance problem
• The property managers right to enter your apartment
• Right to sublet your apartment
• Right to vacate your apartment before your lease is up

• Notice to Vacate
When ending your tenancy, you should give the notice stated in your lease. If there is no provision in your lease stating what the notice is, law requires that notice be received by the landlord at least one full rental period before the date you wish to end your tenancy. This means you must give notice the day before your last rent payment is due.
If you will be permanently leaving your rental unit between November 15 and April 15, you must tell your landlord the exact date you will be leaving at least three days before you move out. This will allow the landlord time to take steps to make sure the pipes don't freeze.

• Rights if the property is sold
Any leases in force become part of the purchase of a property and must be honored by the new purchaser.

• Rights if the owner violates the lease
Depending on the nature of the violation, you could exercise your option in the legal process of withholding your rent and depositing it in escrow with the court system.

• Rights if your neighbor violates their lease
Call your resident manager or rental office and notify them of the behavior violation. The management is then responsible for attempting to resolve the situation. You may be asked to help prove a violation occured by writing a letter or being a witness in court. For problems of noise or security you may also call your local police department.

• Rights in an oral lease
An oral lease carries the same privileges and responsibilities of both the resident and landlord as does a written lease. Any leasing period over one year must have a written lease.

• Right to have a pet
It is a landlord's right to determine what pets are allowed in the rental unit. Any restrictions regarding pets should be outlined in your lease. The only exception to this rule is the necessity of animals trained to assist the disabled such as seeing eye dogs for the seeing impaired.

• Rights if there is no lease
Any rental of property implies a leasing agreement. If there is no written lease, there is considered to be an oral lease. An oral lease carries with it all the rights and responsibilities on the parts of the resident and landlord as a written lease. If the rental period is over one year, there must be a written lease.

• Right to paint or decorate your apartment
Most leases include a clause that prohibits the changing or decorating of the interior or exterior of a rental unit. Check your lease to see if this clause applies to you. Before you do any redecorating, check with the landlord.

• What your should do if you have a maintenance problem
State law requires landlords to keep rental property in reasonable repair. Any maintenance problems should be reported to the landlord immediately. If the repairs are not made after notice has been made, to determine is there is a valid code violation, call the local housing, health, energy or fire inspector and ask that the unit be inspected. If there is a violation and it is not repaired and you would like to proceed, there are four steps to take:

Place the full rent in escrow with the court and ask the court to order the landlord to make the repairs.
Sue the landlord in district court under the Tenant's Remedies Law.
Sue in conciliation court or district court for the return of part or all of the rent.
Use the landlord's failure to make necessary repairs as a defense to an Unlawful Detainer (eviction) action.

Before using any of these steps you should make sure the landlord has been given ample opportunity to make repairs. The repairs that need to be made should also be serious, affecting your safety, health or the fitness of the rental property as a place to live.

• The property managers right to enter your apartment
Unless stated in the lease, a landlord cannot enter into your rental unit without your consent, except in an emergency situation. It may be written into the lease that the landlord can enter your apartment for reasonable situations, such as making needed repairs, checking physical problems, or showing the rental unit to prospective residents.

• Right to sublet your apartment
Most leases contain a provision prohibiting you from subletting your rental unit without their permission. You should check your lease to see if this provision was included. If it was not, you may sublet your rental unit. However, subletting your rental unit does not release you from your rights and responsibilities as stated in the lease.
Having extended visitors or guests is the same as subletting and may not be allowed by your lease. If you have any questions check with your landlord.

• Right to vacate your apartment before your lease is up
A lease is a binding contract and is not designed to be broken. The law says, if you leave before the end of your lease term, you may be responsible for your landlord's damages, including rent, until the end of the lease term or a new renter is secured.

EVICTIONS
Information is available on:
• Rights if the owner refuses to make repairs
• Rights regarding an eviction for unsanitary living conditions
• How to get your abandoned property back
• What to do if your are served with an unlawful detainer action

• Rights if the owner refuses to make repairs
State law requires landlords to keep rental property in reasonable repair. Any maintenance problems should be reported to the landlord immediately. If the repairs are not made after notice has been made, to determine is there is a valid code violation, call the local housing, health, energy or fire inspector and ask that the unit be inspected. If there is a violation and it is not repaired and you would like to proceed, there are four steps to take:

Place the full rent in escrow with the court and ask the court to order the landlord to make the repairs.
Sue the landlord in district court under the Tenant's Remedies Law.
Sue in conciliation court or district court for the return of part or all of the rent.
Use the landlord's failure to make necessary repairs as a defense to an Unlawful Detainer action.

Before using any of these steps you should make sure the landlord has been given ample opportunity to make repairs. The repairs that need to be made should also be serious, affecting your safety, health or the fitness of the rental property as a place to live.

• Rights regarding an eviction for unsanitary living conditions
Yes, you can be evicted for unsanitary living conditions. If during the lease term, the landlord calls the local health department and has the rental unit condemned, they may start eviction proceedings. If you are on a month to month agreement, you may be evicted anytime, with proper notice, with no reason or for no specific reason.

• How to get your abandoned property back
If you have abandoned your property the landlord is required to store it for 60 days. If your property is being stored in the rental unit, you must only contact the landlord in writing to ask for the return of the property. The landlord has 24 hours from the receipt of the request to return your property. If your property is being stored away from the rental unit, the landlord has a right to reasonable costs associated with moving and storing your property. The landlord may keep your property until these costs are paid. Once the costs are paid, the landlord has 48 hours to return your property to you.

• What to do if your are served with an unlawful detainer action
A brochure is usually attached to your unlawful detainer summons. This brochure is provided by the court system explaining your rights and obligations now under these circumstances. Basically, you have until the court date to pay your delinquent rent in full and the court fee for the unlawful detainer and the case will become dismissed as it was satisfied. If you cannot pay or refuse to pay for some reason, you'll need to appear in court on the date stated and explain the circumstances to the judge or referee.

PAYMENT OF RENT

Information is available on:
• Right to have heat if you do not pay your rent
• Management's right to charge late fees if your rent is late
• Right to withhold rent if repairs are not made
• Right to collect on bills because of the owners neglect

• Right to have heat if you do not pay your rent
A landlord may not shut off any utility service with the intent to make you move out. To do so is a misdemeanor. No regulated utility company in Minnesota can shut off service between October 15 and April 15 if the utility is the primary source of heat.

• Management's right to charge late fees if your rent is late
If rent is not paid by the due date, the landlord has a right to require you to pay a late fee. The amount of the late fee and when it is due must be stated in your lease. The late fee must be a reasonable amount.

• Right to withhold rent if repairs are not made
State law requires landlords to keep rental property in reasonable repair. Any maintenance problems should be reported to the landlord immediately. If the repairs are not made after notice has been made, to determine is there is a valid code violation, call the local housing, health, energy or fire inspector and ask that the unit be inspected. If there is an order and the repairs are not made and you would like to proceed, there are four steps to take:

Place the full rent in escrow with the court and ask the court to order the landlord to make the repairs.
Sue the landlord in district court under the Tenant's Remedies Law.
Sue in conciliation court or district court for the return of part or all of the rent.
Use the landlord's failure to make necessary repairs as a defense to an Unlawful Detainer action.

You must notify the landlord orally or in writing of your intention to pay. If the landlord does not respond and pay within 48 hours, you may pay the bill. You should obtain receipts of payment, give a copy to the landlord and keep a copy for yourself.

CERTIFICATES OF RENT PAID
Landlords are required to issue all renters Certificates of Rent Paid by January 31 for rent paid during the previous year. The CRP may be used to receive a property tax refund from the state. To receive your CRP, you must leave a forwarding address. Your CRP is only for the amount of rent that you have paid, not the amount that you should have paid.

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