Renting and the law: New owner must honor any existing leases

Q I will be putting my duplex on the market in the next few months. Both units currently are available, and I am advertising them for rent. If I find renters and sign them to a lease, does the new owner have to honor the lease?

The new owner takes the property subject to the lease. So if there is a lease existing before the closing on the duplex, the new owner must honor its terms.

Be careful, though, because most commercial purchase agreements prohibit the owner from entering new leases without notifying and obtaining permission from the buyer. This is done to protect the buyer from being saddled with below-market leases without his or her knowledge.

If you do enter a lease, make sure you inform the buyer. The good thing is that most buyers want the units rented, if possible, before buying -- the income stream usually is the reason they are buying the property.

Q We rent a home in Minneapolis. The home is going to a foreclosure sale next month. The owner told us that he would be coming up with the money to pay off the home within the necessary six-month period.

We are uncertain whether we should send him the amount of rent to cover the entire month, because he may no longer own the home after the foreclosure sale.

The homeowner owns the house up to the foreclosure sale and has the right to collect rents through that date. The homeowner also has the right to collect rent after the date of the foreclosure sale and during the redemption period, unless the mortgage company obtains a court order granting it the right to collect rent. You should continue to send your rent payment to the landlord unless the mortgage company gives you different instructions.

Q My future roommate and I signed a 13-month lease for an apartment that we're supposed to move into on the first of next month. I was 17 when I signed the lease but just turned 18. Now we want to get out of the lease. The apartment complex claims they can hold me to the lease because I will be 18 at the time the lease takes effect.

My 18-year-old roommate also signed this lease. Our income didn't meet the landlord's "requirements," but they still accepted us. Can we get out of the lease based on our lack of income? Should I have legally needed a co-signer? I am being held responsible for the rent for the two months' notice and a buyout fee.

Both you and your roommate are held to the terms of your lease agreement. You cannot get out of your lease simply because your income doesn't meet the apartment's usual requirements or because you were a minor at the time you entered the lease and didn't have a co-signer.

Under Minnesota law, a minor can be held to the terms of a contract for necessities. Because a place to live is a necessity, you are bound by the agreement. I would contact the landlord and request that the lease be terminated as soon as possible, then try to work out a deal and pay what you can right now, with the remainder due in a month or two. Most landlords will be reasonable about your situation and work with you regarding the details.

Minneapolis attorney Kelly Klein practices in housing issues and consumer rights. Do not rely on advice in this column regarding a legal situation until you consult a qualified attorney; information provided by readers is not confidential; participation in this column does not create an attorney/client relationship, and no such relationship is created without a retainer agreement with Klein. If you have questions concerning renting, you can e-mail her at kklein@kleinpa.com, post your questions at www.startribune.com/kellyklein or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.