Q I was late paying my rent in December, so my landlord filed for eviction. After I was served with a summons and complaint, I called him. He said that if I paid the rent I owed plus $350, he would cancel the eviction action. I had to pay to keep living there, so I did. Now people tell me that I was extorted. What are my rights?
A Absent a good-faith basis for not paying, such as your apartment being uninhabitable, your landlord has the right to bring an eviction action if you fail to pay rent. In your case, it sounds as if there were no habitability issues, so your landlord had the legal right to pursue an eviction action.
Under Minnesota Statute 504B.291, you have the right to have the eviction action canceled by "redeeming" the tenancy. In order to do so, you are required to pay any outstanding rent, plus the costs related to the eviction action, and up to $5 in attorneys' fees.
In your case, it sounds as if the landlord charged you an additional $350 besides the rent you owed. The filing fee in Hennepin County is $322, and the cost to the landlord of serving the complaint can often be $25 to $50. The court would award those costs to the landlord if you had agreed to redeem the property at a court hearing. So you don't have a right to the return of the money.
Track security depositQ I recently moved from an apartment that I lived in for three years. I was given a document that listed things I needed to fix, and I fixed everything on the list. But I received only one-fourth of my original security deposit. The letter attached to the check included no details stating what deduction amounts were made or what the deductions covered. Do I have any recourse in requiring the landlord to list the deduction amounts and the reason for the deduction?
A Minnesota Statute 504B.178 states that all of the deposit must be returned, minus any amounts withheld for money the tenant owes the landlord and for damage to the unit, excluding ordinary wear and tear. The landlord must return the deposit, along with an explanation of why any amounts are being withheld, within 21 days of the last day of the tenancy.
Most courts won't allow a landlord to charge for amounts that are considered ordinary business expenses, such as changing the locks and repainting the unit. However, if a tenant ruined a rug or carpet, replacing it would not be considered ordinary wear and tear and a landlord could charge you for it.
In this case, the landlord violated the statute by not listing what deductions were being taken along with the dollar amounts of each deduction. You should contact the landlord and request the cause of the deductions and their dollar amounts. Once you receive that letter, you could try to work out a more favorable return of your deposit. If you still disagree with the reasons for the deductions or the dollar amounts, you could file a claim in conciliation court to collect the rest of your security deposit.
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.
