Husky or not, landlord needs to follow language on lease

Q My wife and I have a husky/shepherd mix dog and at the time we applied for our lease we told the leasing agent that we had a husky.

By Renting and The Law Kelly Klein

Last update: September 9, 2006 - 4:23 PM

Q My wife and I have a husky/shepherd mix dog and at the time we applied for our lease we told the leasing agent that we had a husky.

She said that their rental policy does not allow huskies, but would consider it because she is a mix and small for the breed. So, she asked for a picture and vet records to show to her supervisor.

She told us that our dog was approved. So we filled out all the necessary paperwork including paperwork that says that she was a husky.

We signed our lease and moved in on June 1. On July 14 a maintenance supervisor and a city official conducted an annual apartment walk-through.

On July 15 the leasing manager said that when they conducted the walk-through they saw our dog in our unit and said that huskies were against the leasing policy because their insurance policy does not cover them.

They gave us an ultimatum: The dog leaves or we leave. We don't want to incur the costs of moving and trying to find a new place. On the other hand, we don't want to give up a member of our family. As far as we're concerned our dog is a member of our family.

A The leasing manager needs to follow the language in the lease, which states that you own a husky and that your dog was approved for living in your residence.

The lease language prevails, and your leasing manager cannot change the terms of your lease until your lease runs out.

If your leasing manager brings an eviction action, you should bring a copy of the lease and other supporting documentation to court. Request that the court expunge the eviction action when you prevail.

Remodeling not 'wear and tear'

Q I was recently evicted from an apartment due to a condo conversion. The landlord gave me the required 120-day notice.

Since moving out I received a notice from my old landlord saying that they are keeping the deposit due to cleaning and damage to the apartment that I consider normal wear and tear after living there for more than seven years.

Can I get all or part of my deposit back? They are totally reflooring, painting and refinishing the walls and remodeling the bathroom and kitchen.

Do I have rights not normally found under a normal lease since the areas they claim are going to be remodeled?

A No, conversion of your apartment into condominiums doesn't give you any additional legal rights regarding your security deposit and areas that will no longer exist.

However, under Minnesota Statute 504B.178, your landlord cannot keep your security deposit to cover damages caused by ordinary wear and tear. The landlord can keep your security deposit to cover past-due rent or other funds owed under an agreement between you and your landlord. The landlord can keep your security deposit in order to restore the premises to its previous condition, but this excludes ordinary wear and tear.

And since your landlord is completely renovating your old apartment, he or she is not restoring the unit to its condition at the time of the original lease, so you would have a pretty good argument that the deposit must be refunded.

To get your security deposit back you will need to file a claim in conciliation court. The burden of proof for withholding your security deposit or a portion of your security deposit is on the landlord. Bring supporting evidence or documentation that shows the condition of your apartment including pictures of your apartment when you moved in and pictures when you moved out to prove that the damage was ordinary wear and tear.

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. If you have questions concerning renting, e-mail her at kklein@kleinpa.com, post your questions at www.startribune.com/kellyklein.