Seek judgment and notify Section 8 on unpaid rent

By Kelly Klein

Last update: December 5, 2007 - 5:54 PM

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Q A couple years ago I got married and rather than sell the house I was living in, I decided to rent it out.

My first tenant was enrolled in the federal Section 8 housing subsidy program, so 95 percent of the rent came straight from that program. After a couple of years, my tenant started falling behind on her portion of the rent, which was not a large sum per month. After a couple of months it started to add up. Finally, since we were in a month-to-month lease, I decided to terminate the lease so I could find a new tenant. My first tenant never paid her outstanding balance.

What are my options? She moved out at the end of September and said she plans to pay me back, but I have no reason to believe she has any intention of paying. Do I have any legal means of trying to get the money or at least a way to get this listed on her credit or renting history?

A Your only option is to file an action in conciliation court in the county where she now lives and try to obtain a judgment against her for nonpayment, but because she qualifies for Section 8, you probably will not get it.

If your real ambition is to let other landlords know about her situation, you can inform the Section 8 worker and ask that it be part of her file and make sure you provide accurate information when other landlords contact you about her.

Some landlords think filing a conciliation court action when there is little probability of collecting can be a waste of time; others just want a judgment. The decision is up to you.

Problems no excuse to skip rent

Q My boyfriend and I are renting a home from a couple and we have plumbing problems. First we had water all over the floor, but luckily nothing was ruined and everything seemed to be fixed.

A few weeks later, little problems started happening with the plumbing again and progressively got worse. We notified our landlords and have been going back and forth with them about getting the plumber over to fix the problem.

We have not had full use of our water. Is there a legal way to break our lease and not be responsible for the rent?

A You are always responsible for the rent during your lease term, unless your landlord or the court allows you to terminate your lease early. If the landlord allows you to terminate your lease early, you should get it in writing.

If your landlord won't let you terminate your lease early, your only other legal recourse is to pursue a rent escrow action. Under Minnesota Statute 504B.385, you need to send your landlord a written letter stating the repairs that need to be made within 14 days for your place to be habitable.

If your landlord fails to repair the plumbing to a standard you can live with in 14 days, then you need to file a rent escrow action with the court in the county where you live.

In this rent escrow action, you can ask the court to terminate your lease. Either your landlord will get the plumbing fixed or you will be allowed to terminate your lease.

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, post your questions at www.startribune.com/kellyklein or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.

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