Q: I have lived in the same apartment in St. Paul for more than four years. In a passing conversation with one of the building employees a few weeks ago, he informed me that my rent will go up $261 a month on March 1. I currently pay more than $700 a month for a one-bedroom. There was a deal going on four years ago, and my rent hasn't changed over the years.

I have tried arguing that my building really isn't a "luxury" building, as advertised, due to shortcomings in maintenance and repairs. These arguments haven't worked because the building's owner lives elsewhere, so he doesn't notice that listing the building as "luxury" is overstating it.

I cannot afford a rent increase of $261 a month, so I will need to move out. My lease requires me to give the landlord a two-month notice. I've tried to negotiate this notice requirement away in the past because the building is desirable, but to no avail. Finding a decent place two months ahead of time, during the holiday season, and in a low-vacancy environment is going to be challenging.

Would it hurt my credit or rental history if I were to move out without giving a two-month notice, and tell my landlord just to keep my $400 security deposit?

A: According to Minnesota law, your $400 security deposit is not a substitution for rent. Tenants sometimes instruct their landlord to use their security deposit to cover the last month's rent. However, doing so undermines the purpose of a security deposit, which is to provide the landlord with the financial resources to repair any damages to the apartment and restore the unit to its condition at the time your tenancy began. Minnesota law protects landlords from their tenants not paying their last month's rent by imposing penalties and interest on the amount if they fail to do so, in addition to the amount of rent that is owed.

I do not recommend moving out without giving the required notice, since it could negatively affect your credit history and future rental ability. However, Minnesota law restricts two-month notice provisions if the necessary steps aren't followed, which requires landlords to give their tenants written notice of the provision and direct their tenant's attention to the automatic-renewal provision in their lease. The notice must be served personally or mailed by certified mail at least 15 days, but not more than 30 days, before the day the tenant is required to give notice.

Many landlords fail to follow this strict procedure, which allows tenants the opportunity to give only one month's notice. Although a two-month-notice provision may not be enforceable, I always advise tenants to leave the required notice to avoid problems in the future.

You should try to work out a deal with your landlord. Remind your landlord that you have lived in the building for four years and have always been a good tenant. Tell your landlord that you cannot afford the rent increase of $261, but would like to give a one-month notice instead of a two-month notice as soon as you are able to find a suitable place. Since your building is desirable, it may not be a problem for your landlord.

Do not negotiate and work out a deal by talking with a third party, such as the building employee. Instead, go directly to your landlord and negotiate, since the owner of the building isn't available. Once you arrive at an arrangement both parties can live with, get that agreement in writing.

Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com, or write to Kelly Klein c/o Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.