Landlord is MIA; will apartment be next?

Q I currently reside in an apartment above an electrician business that is owned by the landlord.

The problem is that the owner/landlord and all of his workers suddenly stopped showing up to work in April and we have not seen a single person since.

All of the work trucks, as well as his personal truck and a mystery car we've not seen before, are parked in the lot and have not moved in more than a month.

His personal cell phone as well as the office phone are disconnected, leaving me with no way to contact him.

I have not paid the rent for May (though I have saved the money) as I have always just gone downstairs and made the payment directly for every other month of our 1 1/2-year tenancy.

While trying to figure out what to do I have called the city offices in town and they have no information whatsoever.

They told me that the business is still open and that maybe he went on vacation. I am worried that the landlord has lost the business and is defaulting on the mortgage for the property and that we will soon have someone knocking on the door to inform us that we must vacate ASAP.

A Wow! A potential problem arises by not getting your rent money to your landlord, because your landlord could bring an eviction action against you for nonpayment of rent.

While you will be able to stay in your place by paying the outstanding rent, you may not be able to have the eviction action expunged from your record.

In addition, it sounds as if there may be a foreclosure going on, and you may soon receive a 30-day notice to vacate from the bank.

If you have a written lease, look to see if there is a clause that identifies where you are to send the rent. If the lease does have such a clause, you could mail the rent to that address via certified mail, return receipt requested.

You could also mail the rent in the same manner to the landlord's business address. That way, you will know if the landlord got the rent, and you will not have to worry about an eviction. Your landlord is most likely still receiving and picking up mail at his business mailbox.

If not, I would make sure to send your rent, in order to avoid an eviction action. If it is, you still have a duty to pay rent to your landlord until you are notified otherwise by the landlord or by a court.

If the property is sold in foreclosure, there is a period of time called the redemption period, during which the landlord still has the right to collect rent.

That redemption period is generally about six months, although it can be shorter or longer depending on several factors.

During that time the mortgage holder cannot evict you. If the property has been foreclosed, work with the mortgage holder to agree on a date when you have to move, so you can be certain that there are no issues regarding your move.

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.

The Minnesota Association of Community Mediation Programs offer mediation services for a variety of disputes, including issues between tenants and between landlords and tenants. Services are offered at several offices throughout the metro area, and are low-cost or free.

Dispute Resolution Center (St. Paul) 651-292-7791

Mediation Services (Anoka County) 763-422-8878

Minneapolis Mediation Program 612-822-9883

Community Mediation Services 763-561-0033

This nonprofit organization provides free services throughout Minnesota except in Minneapolis. Services range from information and advice over the phone to legal representation in court. Home Line also helps tenants organize to deal collectively, especially in buildings threatened with conversion from subsidized to market rents. Call Home Line's tenant hot line at 612-728-5767.

Housing Link

HousingLink is an Internet-based nonprofit organization that provides affordable housing information to the Twin Cities metro area and selected regions of Greater Minnesota. Resources include an online searchable database of affordable vacancies and waiting lists, a Section 8 information page and HousingLink's Housing How-to Library. Landlords can list their affordable vacancies for free. For more information, visit www.housinglink.org or call 612-522-2500.

Minnesota Multi Housing Association Hot Line

This nonprofit organization of owners, developers and managers of multifamily housing can answer questions about tenants' and rental property owners' rights and responsibilities. Call the free hot line at 952-858-8222. The nonprofit sells leases and other forms for small fees.

This organization provides information and assistance regarding tenants' rights and rental housing issues. For information, call 612-871-7485 or visit the office at 810 W. 31st St., Minneapolis or go to www.minnesotatenantsunion.org.

Read past columns and study rental market data at startribune.com/rent.

CONTACT US startribune.com/homes

Real estate editor/reporter: Jim Buchta 612-673-7376; jbuchta@ startribune.com

Homes reporter: Lynn Underwood 612-673-7619; lunderwood@startribune.com