Q: We are renting a home, and the lease runs out in one month. The owners are planning to list the property. I have three children, one an infant, and I also work out of my rental home. I have explained my situation to the real estate agent and to the owners.
They would like us to have the home "show ready," but I have made it clear to them that because we are in the process of moving, the home will not be "show ready" or as nice as they would like it. They have a laundry list of items regarding the appearance of the place that they want us to do in order to make the house ready for them to show it. Since we are paying them $1,795 to live in the house, what are our obligations to them? I feel like we are at their mercy.
A: There is a difference between making the property look good for a showing and making repairs to the property. If the laundry list includes repairs, you are not obligated to make them. Minnesota law requires landlords to maintain their rental property by making repairs under the covenants of habitability, which cannot be waived in your lease.
Your landlord could require a tenant to perform repairs, but there must be a clause in your lease or in a separate written agreement that fairly compensates the tenant for these repairs or any other maintenance performed. If you don't have such an agreement in place, you do not need to fulfill the laundry list of items.
If you caused any of the damage that your landlord or the real estate agent wants repaired, the landlord is still responsible for those repairs under Minnesota law, unless they were caused by the irresponsible, willful or malicious conduct of the tenant.
You should contact your landlord, the owners, and them know that they are responsible for making the necessary repairs or updates, unless you willfully caused the damage or you agreed in writing to perform the repairs and updates in exchange for compensation.
If these are just appearance-related items, such as making the house look neat and orderly for a showing, you should also explain that you will need a day's notice before a showing, since you have young children and work from home, making it difficult to have the home "show ready" at all times. It's in your landlord's best interest to give you more time to clean and pick up, since the place will look better to prospective tenants.
All tenants have the right to privacy, but Minnesota law states that a landlord may enter a rental home for a reasonable business purpose and after making a good-faith effort to give the tenant reasonable notice of the intent to enter. A reasonable business purpose includes showing the property to prospective renters. Usually a phone call several hours ahead of time will be considered reasonable notice, but many landlords will give you a 24-hour notice letting you know they will be bringing potential tenants to view the home.
Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship. 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. Information provided by readers is not confidential.
