Renting And The Law: Tenant must give proper notice even without lease

Q I was recently living month to month in the basement of a woman's house. I stayed for two months and in the third week of March, I lost my job. I told my landlady the news and that I would be moving home. She attempted to find another renter for April, and once I was packed and getting into my car, she told me I would be responsible for April if she couldn't find a renter.

By Kelly Klein

Last update: June 9, 2006 - 5:56 PM

This came as a shock as we have no signed agreement and she had never mentioned this. In fact, she had previously asked if I could pay her in cash because she didn't want to report her house as a rental property to avoid an increase in property taxes. I did not do that and she accepted the checks I wrote her.

Am I legally responsible for a month of rent for a place in which no papers were signed and she hasn't even declared her property a rental property?

It is her home and she is renting a room in the basement, but doesn't want to report it as such.

A Yes, you are legally responsible for April rent. When you are renting from a landlord without a lease, you are considered to be a tenant at will, or on a month-to-month lease.

Therefore, even though there is no written lease, the landlord or tenant must give the other party one month's written notice to terminate their month-to-month tenancy.

Because you did not give proper notice, you will be required to pay April rent. Your landlord should obtain a license for renting out her property if it's required in the city in which she lives.

However, this has no bearing on your requirement to pay your landlord April rent.

Expungement clears record

Q Can you provide the name and address of the agency or association that is the repository for complaints about tenants?

My daughter made the mistake of withholding part of her rent until her landlord fixed a fire hazard.

Ultimately, she had to call the fire marshal to get the dangerous situation remedied. When she did so, her landlord started an unlawful detainer action.

My daughter, upon advice from a lawyer, did not appear in court to appeal the landlord's eviction notice. She later paid the rent balance and court costs before moving.

Now she thinks the episode may have left a blot on her rental record. She would like to erase it if she can.

A No such agency responds to complaints about tenants. The only place complaints are heard is by filing a claim in small claims court or housing court.

If your daughter wants to clean up her rental record, she needs to bring an expungement motion. She can contact the court to find out about the process.

Compare units when setting rent

Q I have a house and will start renting it for the first time this June. I'm trying to figure out how to set the rent and would like your advice.

A To set your rent price I think you should look at ads for other units near your location. You should drive by and take a look at them and compare them to yours.

Kelly Klein is a Minneapolis attorney. 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, or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.