Comments on: Summary of New Tenant’s Bill of Rights

By: Scott Ficek

Scott Ficek — Fri, 20 Jan 2012 03:37:11 +0000

Great question. I wrote that post a long time ago. I don’t remember where I got the details. I believe some of it came in a summary from my real estate attorney.

By: bizboy

bizboy — Thu, 19 Jan 2012 20:25:28 +0000

Your articles states:
Late fees will now be capped at 8% of the rental amount. This provision begins on January 1, 2011. You can not charge daily late fees either.

I don’t see anything in HF2668 that says you can’t charge daily late fees? Where did you get this idea?

By: Scott Ficek

Scott Ficek — Wed, 22 Sep 2010 15:48:49 +0000

Not really. This can be used to force the landlord to fix a problem. For example, maybe the front steps are falling down and they are a dangerous condition. You can still go in the back door, but this should be repaired. You can file against the landlord to get them to take action.

It may not apply 100% is this situation, but at least you have tied them up in court. You didn’t mention what county/city you are in, but many cities have a free tenant hotline to contact for legal questions.

Keep in mind that now in Minnesota, the bank must honor your original lease and keep you in the property.

By: Susan Sigal

Susan Sigal — Tue, 21 Sep 2010 17:27:18 +0000

I’m not sure how an abatement would work. Isn’t that usually if the unit is inhabitable? They also haven’t asked for any rent during this period.

By: Scott Ficek

Scott Ficek — Mon, 20 Sep 2010 23:33:35 +0000

It depends upon where you are located, but in Minnesota, you could file for a rent abatement against your landlord. It is kind of like a reverse eviction against your landlord to force them to the table.

By: Susan Sigal

Susan Sigal — Fri, 17 Sep 2010 13:53:40 +0000

The bank now owns our town home and the realtor for the bank said they would give us $2000 if we moved out in 30 days. I asked for 40 days and more money since it is common to get two months rent or $2,000, whichever is higher. It’s been over a month of talking to the realtor who says the bank hasn’t given him a final answer. In less than a month there will only be a month left before we have to move. They aren’t going to give me money to leave during the last 30 of the 90 day period, so in a way, it’s too late now. Are they obligated to put something in writing since they did make an offer, but they never came back about my request? The realtor said that it would start when I received it in writing. I have an email that states he is emailing the bank again. This just doesn’t seem fair. Can they make me an offer and then do noting about it one way or the other? What are my options if any?

By: MaryAlice Short

MaryAlice Short — Thu, 29 Jul 2010 15:13:01 +0000

For the most part this brings MN laws in line with federal laws that were passed last year. If a tenant is smart they have an opportunity to accept cash for keys or negotiate a lease prior to the foreclosure sale that allows them to stay in the property longer than 90 days.

By: Scott Ficek

Scott Ficek — Sat, 05 Jun 2010 03:22:06 +0000

I think you can select whoever you want, but you can’t keep everyone’s money.

By: Darin Anderson

Darin Anderson — Thu, 03 Jun 2010 03:04:00 +0000

“You must process applicants in sequential order as you cash their check or take their money. You may NOT take all the applicants money, process all of them and then compare the applicants choosing the best one (and keeping all the money).”

So if you don’t take and keep the money but only hold uncashed checks can you take multiple apps and choose the best one and then only take the money for the one you chose?

You may end up spending more money on the background checks and not get enough app fees to cover it, but I would like to have that option. As long as there is no financial cost to the applicant it seems like it should be ok. This is standard operating procedure for employment applications so one would hope a landlord would also have the right to accept multiple applicants and choose the one he/she feels is the best candidate.

So is the law clear on this point or does it only address the point of taking money from multiple applicants?

By: Joe Lane

Joe Lane — Wed, 02 Jun 2010 23:57:05 +0000

Yes thanks Scott. The information you provide is very helpful and reminds me to stay sharp when dealing with tenant.