Q: I have a friend who is renting an apartment in Minnesota. The complex required her 18-year-old daughter and 23-year-old son to sign the lease. The son has become difficult for my friend to deal with. Does she have any recourse to make him move?
A: The easiest way to handle matters like this is to have your friend request that her son move out because their living arrangement isn't working. He may move out on his own accord. However, since the son is on the lease, if he refuses to leave, then the mother or landlord will have to take action to have the son removed.
If the mother fears for her safety, she can follow the procedure, outlined in state law, that grants tenants the right to terminate a lease if they are victims of domestic abuse, stalking or criminal sexual conduct perpetrated by a co-tenant. The tenant must provide the landlord a notice including the following:
(1) stating the tenant fears imminent violence from a person as indicated in a qualifying document against the tenant or an authorized occupant if the tenant or authorized occupant remains in the leased premises;
(2) stating the tenant needs to terminate the tenancy;
(3) providing the date by which the tenant will vacate.
If the tenant gives the notice, the lease terminates at the end of the month in which the notice is given. Tenants are responsible to pay rent for that month. In addition, the tenants forfeit the security deposit.
Your friend could talk with her landlord, and have the lease terminated under Minnesota law if she reasonably believes she falls within the requirements. She could also agree to sign a new lease after the termination, on condition that the security deposit be applied to the new lease. If the landlord does not agree, and the mother does need to terminate, then she will lose her deposit. The mother need not file anything with the court.
