Q Can I get out of my lease on the apartment I'm renting if I have the opportunity to buy a house? I once read that a renter could break a lease in order to buy a home. Is that true?
Renting and the Law: Buying a home doesn't get renter out of lease
July 23, 2011 at 7:25PM
A No, not unless you read it in your lease or made sure there was a provision for early termination of your lease in the event you were going to purchase a home. If there is no language in your lease or a provision allowing for it, then you are bound by the terms in your lease.
However, you could tell your landlord about the great opportunity you have and ask for early termination of your lease in return for a couple of months' rent. Make sure to get any such agreement in writing or to send the landlord a letter confirming the agreement.
Garden creates problemQ I rented my home, which is located on a lot with a large front and back garden. I have asked my tenant if I could stop by once or twice a week to tend the garden. I would bring all my tools and products and would not be entering the house or garage.
He refused my presence, asking what he should do to the garden. I explained the requirements. He said he would do the weeding and other tasks. However, he is young and has never had this responsibility before.
I believe he does not comprehend the magnitude of the garden and the work it requires. There are more than 1,000 plants, shrubs and trees to maintain, along with weeding. Even though it's a perennial garden, it needs regular attention.
As the owner/landlord, do I have the right to be on the property to gardening once or twice a week?
A Under Minnesota Statute 504B.161, the landlord has a duty to maintain the premises during the term of the lease. As the owner and landlord, you have the right to work in your garden.
Tenants also have a right to privacy, so landlords need to give tenants reasonable notice before entering the house or apartment. But this doesn't apply to the outside property.
Under Minnesota Statute 504B.161, Subdivision 2, if your tenant is going to work in the garden, you would need an agreement in writing and some form of consideration given to the tenant for doing work, such as rent reduction for the months he works in the garden. If you and your tenant do enter into such an agreement, it doesn't relieve you from your responsibility of maintaining the property.
Let your tenant know that you plan on tending your garden two to three times a week, unless you and the tenant would prefer to have an agreement in writing stating that he'll maintain the gardens.
If you aren't entering into an agreement with your tenant to maintain the garden, and your tenant is concerned for his privacy, you could have a set schedule when you plan on stopping by to garden.
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.
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KELLY KLEIN
There were no optimal outcomes. But there was also a lot of good work, and change that made sense.
