Q: We are the owners of a twin home in Eagan. Our current tenants bought a house and moved out in December 2018, breaking their lease, which does not end until June 2019. We told our tenants that we are going to hold them accountable for the rent payments until the end of the lease. We recently received payment for February rent, along with an e-mail stating that they are doing their best, but are not sure if they will be able to make the March payment. The rent was due by March 5 with late fees applied on March 6. It looks like we will be heading to Housing Court to pursue rent money they most likely won't be able to pay us. When is the proper time to file court papers? Was it in March, after they missed their first rent payment, or do we wait until their lease is up in June? Also, are we required to send the tenants notice that we are going to file with the court?

A: Landlords in most states have a duty to try and find new tenants to re-rent a unit when tenants break their lease. In Minnesota, courts have not decided that landlords have to try to re-rent the unit. However, most landlords do try. The place can remain empty until the end of the lease, which is June 2019 in your case, and then your tenants will owe you rent from March to June, or whichever months they weren't able to pay you. If you end up deciding to re-rent the unit, you cannot "double collect" on the rent by going after your previous tenants for rent owed, when you have another tenant in their unit paying the rent. If you aren't able to find new tenants to pay the same amount your previous tenants were paying, then you can file a claim for the difference between the original rent and the rent your new tenants have agreed to pay.

I highly recommend that you make every attempt to find new tenants to cover the rent, even though you don't have a duty to do so.

If you are unable to find new tenants to re-rent the unit, then you should wait until June 2019 to file a claim with Dakota County Court. You do not need to notify your tenants that you are going to file an action with the court, because the court will send notice that you are pursuing an action against them, but you may try to contact the former tenants beforehand in an effort to resolve the matter before spending the money on filing a court action.

New landlord bans candles

Q: The duplex I am renting in St. Paul has had a change in ownership. A letter of changes was left outside my door today, stating that the use of candles is not allowed. Is this an enforceable restriction?

A: The new owner cannot change the terms of your written lease while the lease is still running, unless you agree to it, or unless there is a clause in your lease stating that your landlord can change nonmaterial terms by giving one month's notice. Your new landlord may request that you sign an addendum to your current lease requiring that candles are not to be used in the duplex. If you sign the addendum, then it's enforceable. The new owner also can wait for your lease to expire, and then change the terms of your lease regarding candles. For example, if you are on a month-to-month lease, then your landlord may change the terms of your lease by giving one month's notice of the new terms. You then have the opportunity to negotiate for candles in your unit, or move out if that is a deal-breaker for you and the owner isn't willing to allow candles. You should discuss the change with the new owner to see if you can agree on terms that will satisfy both parties.

Many owners and landlords have a candle restriction in their written lease for safety reasons, but most will not want to lose a good tenant because of the restriction.

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, 650 3rd Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.