Q Here's a scenario: A woman files an Order for Protection Petition (OFP) and divorce against her husband, who has an 18-year-old daughter. The daughter, not from the marriage, is still in high school and is not listed as a party in the OFP.
The wife changes the locks of the homestead and will not allow the husband or daughter in. The daughter has personal property inside the home and the wife does not return the daughter's phone calls.
I am not aware of any agreement between daughter and husband/wife in regards to a rent payment or any services provided for occupancy of the homestead.
Is this an unlawful detainer pursuant to the landlord-tenant laws of Minnesota Statute 566?
A No, this is not an unlawful detainer, but it is a legal issue raised by the Order for Protection petition.
The wife does not technically have permission to exclude the daughter, but a court might look dimly upon the daughter taking the law into her own hands.
The daughter should call the police and/or the sheriff, and ask that they help her obtain her belongings. Short of that, the daughter needs to bring up her needs at the initial hearing so that the court can address them.
Dispute over timing of notice Q My landlord is looking to recover one month's rent plus utilities for September 2007 on the premise that I didn't give a written 60-day notice to vacate in accordance with the terms of the lease.
The original lease terms were Sept. 1, 2006, through Aug. 31, 2007. My roommate and I gave written notice dated June 30, 2007.
They claim they received the notice on July 5, 2007 (outside the 60-day policy).
The notice was dropped in the "rent drop box," so there is no postmark on an envelope to prove the delivery date.
We moved out on Aug. 31, 2007, and the unit was not rented out to a new tenant during the month of September.
I read Minnesota Statute 504B.145, but am thinking that this doesn't apply as the automatic renewal is for a period less than two months. What should I do?
A Take a copy of your letter to court showing the date and tell the judge you dropped it in the rent drop box on June 30, well within the 60-day time frame.
Most landlords would be checking that box at the end of June for rent due July 1.
Do you have anyone who can vouch for the timing of the notice? Any other proof? Take your roommate or any other witnesses who saw you place it in the box on time.
You should argue that the automatic renewal provision violates Minnesota Statute 504B.145 because the notice provision is for two months, at least. You have two good arguments.
Next time you rent, mail your notice four days before the end of the month and send it by certified mail so you have proof.
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.
