A security building must have secure outside doors

By KELLY KLEIN

Last update: December 27, 2007 - 11:44 AM

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Q We live in a large apartment complex. The outside door does not self-lock when closing. It remains partially open unless it is pulled or pushed shut.

This is a serious security breach in a crime-infested city. Is there any statute regarding this? We have asked the landlord to fix the problem without success.

A Unless the landlord advertised the apartment as having a security system, the landlord technically has no duty to maintain a security door.

There are no city regulations of which I am aware that contain such a requirement. While there have been many successful wrongful death and rape lawsuits alleging that a landlord was negligent in maintaining the security door, you don't want to have to bring a suit like that.

You could try a rent escrow action. You can obtain the forms at your local courthouse. Before bringing such an action, you have to write your landlord a letter informing him or her of the problem.

If the problem is not resolved in 14 days, you can start escrowing your rent with the court until the court decides whether the landlord is required to make repairs. It sounds as if you have written already and more than 14 days have passed, so bring a copy of those letters to the courthouse and you are good to go.

How to pursue eviction of tenant facing prison time

Q We own a rental in Rogers and just found out that our tenant has been arrested for sexually abusing a 16-year-old girl. He is in jail now and is behind on his rent for this month.

How do we get him out and do we have to take him to court even though he faces a lot of prison time? He has already confessed. We live in Florida. What should we do?

A If these are the facts, then it is unlikely that he will be released from confinement without a bail hearing. As part of that hearing, he has to demonstrate that he has some place to go.

If you want to collect the rent, then you can inform pretrial services for the county where he is being held that he must become current on the rent, or you will file an eviction action.

If you want to prevent him from returning, and are willing to forgo the rent, then you can simply file an eviction action, and have him served by serving a copy of the eviction summons and complaint on the warden of the facility where he is being held.

You can contact the sheriff for the county where he is being held to ask exactly whom to serve. You can provide a copy to pretrial services as well, and they will know that he cannot return to your premises unless he can prevail in the eviction action.

Another option is to do nothing and hope he is not released from the facility pending trial. You do have a duty to hold his personal property as outlined in Minnesota Statute 504B.365, and you may want to contact pretrial services in the county where he is being held to see if there is a relative to whom he can give written permission to come and get his property.

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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