MHA Hotline
If you have additional questions regarding your rights and responsibilities, MHA has a Hotline number established to help you. MHA members serve as Hotline volunteers and may answer your questions, but will not offer you legal advice. However, they will provide you with basic information which you can apply to your particular situation.

The Hotline phone number is (952) 858-8222.

FAQs

Q: Can an owner or manager refuse to rent an apartment based on my race?

A: State, local, and federal discrimination laws prohibit landlords from denying housing to individuals on the basis of race, creed, color, sex, religion, familial status, or disability. In Minnesota, housing cannot be denied on the basis of marital status, status with regard to public assistance or affectional preference. However, individuals belonging to these groups, like all tenants, can still be screened based on income, credit history, and references from prior landlords. If housing is denied to a person based on a valid, non-discriminatory reason, the discrimination laws are not violated.

Q: I just moved into an apartment and there are stains on the carpet and marks on the walls. What can I do to ensure I’m not penalized for these?

A: When you move in, make a checklist of the apartment conditions. Have the manager sign it and keep a dated copy. This checklist can be important evidence in any dispute over deductions for repairs when you move out.

Q: What happens if I do not pay my rent?

A: Unless you and the management agree to an extension giving you extra time to pay your rent, you can be evicted for nonpayment of rent. An eviction proceeding can be started against you the day after your rent payment is due. Although you can stop the eviction proceeding by paying your rent, additional court costs and fees must also be paid.

You can also be sued for unpaid rent. If your lease provides for a late fee or attorney’s fees, management may also recover these. If you move out of your apartment before the lease ends, management may recover the actual amount of rent lost on the apartment before the lease ends or the apartment is re-rented, whichever comes first.

Q: Can my landlord enter my apartment whenever they want?

A: No. Most leases or rental agreements provide that a landlord can enter the apartment to inspect it, make repairs or show the apartment and building to prospective new tenants or buyers. Even without such a term in the lease, the law and common sense recognizes the need for a landlord to enter a tenant’s premises to make inspections and necessary repairs. The law requires landlords to attempt to give tenants reasonable notice before they need to enter the apartment. But advanced notice is not required in all cases. There is no law requiring that a landlord give 24 hours notice before entering an apartment. When entry occurs without advance notice and when the tenant is not present, the landlord must provide written disclosure of the entry.

Q: I’ve decided I’d like a roommate. What steps do I need to take with my landlord?

A: Most leases require management’s consent before a new person can move into your apartment. This requirement may be found in a paragraph prohibiting subletting or providing that all tenants must sign a lease. If an unauthorized resident stays in your apartment, it may be a breach of your lease and grounds for eviction. Generally, a new resident will be permitted by management if the new person fills out an application and signs a lease.

Q: What is the landlord’s responsibilities regarding maintenance and repairs to my apartment?

A: The law requires apartment owners and managers to keep the apartment and common areas, such as hallways, in reasonable repair. Repairs will be the obligation of the management unless the parties have specifically agreed for the tenant to do some repair work (and the tenant is receiving some benefit for this work) or the repair was occasioned by the misuse or wrongful action of the tenant or the tenant’s guests.

The law does not require apartment owners to make cosmetic changes, such as wallpapering or painting, unless existing conditions are faulty, such as chipped or peeling paint. To comply with the repair obligations set by statute, management must keep the apartment up to any applicable codes set by the state or local authorities.

Q: How should I request repairs?

A: To request a repair, a tenant should notify the owner or manager of the problem - preferably in writing. If you do not receive a response within a reasonable time, renotify management orally and in writing. If you still do not get a response, you may have legal grounds to withhold rent, terminate your lease or seek a court order to require repairs. The City Housing Inspector’s office can be of some help if the condition violates the housing code. In emergency situations where management is not making essential repairs, an action may be brought in court or before local authorities to arrange for such repairs to be made. These emergency hearings can usually be held within three to ten days.

Q: How do I get my security deposit back when I move?

A: To assure the return of your security deposit:
1. Before you terminate your lease, give the advance written notice required by your agreement.

2. You must stay for the full term of the lease.

3. You must give written notice of your forwarding address.

4. You must not be delinquent in your rent, or any other amounts due, when you move out.

5. The premises should be left in clean condition.

6. You cannot deduct the amount of the security deposit from your last month’s rent. If you do, you can be sued for twice the amount of any sums the manager would be entitled to take from the security deposit.

7. Return any keys, garage door openers or other property that go with the apartment to the management.

8. Go through the apartment with the manager to check its condition against your “move-in” checklist. Within 21 days of your termination, your security deposit must be returned to or you are to receive an explanation of deductions. If you don’t receive a refund or explanation within the 21-day period, you may sue for the amount withheld plus penalties.

Q: What can be deducted from the security deposit?

A: Charges for damages, breakage, or missing items which should have been left in the apartment. You are responsible for damages resulting from negligence, carelessness, accident, or excessive wear on your part. You are not responsible for “normal wear and tear.”

Unpaid rent and other unpaid charges listed in your lease, such as those for late rent payment, returned checks, unreturned keys, etc.

The reasonable cost of cleaning can be deducted if you fail to properly clean before you leave. Many managers will give you written cleaning instructions to follow.

Any deductions must be explained in the written description you are to receive within 21 days after you leave. If you do not receive this notice within 21 days, call your former manager before going to court. Frequently, security deposit checks are not received because of uncertainties about a tenant’s new address. Many minor problems like these can be resolved without legal action.

Q: Does a landlord pay me interest on my security deposit?

A: Yes. Minnesota law requires the landlord to return a tenant’s deposit, minus any allowable deductions, together with the current interest rate – 1%. The law does not apply, however, if the interest due on the deposit is less than $1.

Q: Can I be asked to move in the winter?

A: If the tenant has a term lease, the landlord cannot ask the tenant to move during the lease term unless the tenant breaches the lease, such as failing to pay rent. Where there is no lease for a set period, and rent is paid monthly, there is no law providing that a landlord cannot give the tenant one month’s notice to move during the winter.

Q: What are the steps in the eviction process?

A: 1. Manager files eviction lawsuit (called an unlawful detainer) with the court. The suit papers are served on the resident.

2. Within seven to fourteen days after the resident receives a copy of the lawsuit, a hearing is held in court.

3. At the hearing the resident has an opportunity to present any defenses to the eviction action. Defenses can include proof that the tenant did not breach the lease as alleged in the complaint, proof that the rent is withheld for the manager’s failure to make repairs or other defenses.

4. Where defenses are raised, the court may hold the trial on the date of the hearing or set a trial date within the next seven days. Usually, the resident will be required to post any rent due with the court before the trial.

5. If the owner wins, the court gives the resident from one to seven days to move out.

6. If the resident does not move voluntarily, the sheriff will supervise moving the tenant and his or her belongings.