Q My daughter had to move to another city for a better job opportunity. She rented her home to a friend who has failed to pay her rent or return her calls. Unfortunately, she did not get anything in writing, so there is no lease or any other type of contract. Can my daughter change the locks on the renter or remove and sell his furniture?
A A landlord doesn't have the right to lock out a tenant for nonpayment. Many landlords get in serious trouble for doing so.
Your daughter, or someone acting as her agent, should pursue an eviction action against the tenant for nonpayment. In order to act as your daughter's agent, the person will need a signed and notarized form indicating that they have the right to act on her behalf.
The forms to pursue an eviction action can be obtained at the courthouse in the county where the property is located. If the tenant does come up with the money for unpaid rent, the tenant has the right to continue living at the property. If your daughter is renting the property and subleasing, she still has the right to evict the subtenant for nonpayment.
Landlord is stallingQ We had our house remodeled and had to move out for two months. We rented a house for those two months and paid a $1,500 security deposit. In addition to the rent, we were also to pay the utilities.
We haven't received the return of the security deposit and apparently the landlord hasn't calculated the amount of the utilities for the two months. This was his initial excuse for not returning the security deposit.
When I call him, he always answers his phone but is usually short in his conversation. He says he will call back but never does.
I estimate that we owe him $500 for utilities. I've told him this and said I would accept a net refund of $1,000, which would be our $1,500 security deposit minus the $500.
I haven't considered going to small-claims court, because, as I understand it, even if I win, his obligation to me is not legally enforceable and it's still up to me to collect the money.
A Minnesota Statute 504B.178 requires that a landlord return a security deposit in full within 21 days of the termination of the tenancy or provide a written explanation about all amounts withheld. There are penalties for failure to comply with this statute, and it sounds as if your landlord might have failed to comply.
Write your landlord a letter, documenting your calls and other attempts to collect the deposit, and demand that he return the amount owed in full. If he fails to do so, you can pursue a small-claims court action. The decision in small-claims court is legally enforceable, although it could be appealed to a higher court. If the landlord does not appeal, then you can collect on the judgment as you would any other civil judgment.
Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com, or write to Kelly Klein c/o Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.
