Q: I have a rental property in Richfield. On Jan. 27, 2020, there was a fire caused by the tenant's negligence, which damaged the building structure. So the city fire department and housing inspector condemned the house as uninhabitable and relocated the tenant. Over the next few months, the tenant moved some salvageable belongings from the building and left some large and small items with the rest of the damaged and partially burned items in the house. The insurance company wants to start repairs, but needs to clean the interior of the house first. Despite sending two certified letters and several requests by text and e-mail, I was not able to obtain the tenant's approval for the insurance company to clean the house containing the remaining items. I've called the county for help, and your column was recommended for me to get some advice.
A: When a tenant abandons property after the lease terminates, the landlord may take possession of the property, store it, and has a claim for reasonable expenses related to the storage. The landlord may sell or otherwise dispose of the property 28 days after the abandonment of the property or 28 days after the lease terminates, whichever occurs last. Even though the landlord may sell or dispose of the property after 28 days, they still have to give the tenant at least 14-day written notice of the sale or disposition, by both first-class mail and certified mail, and the landlord has to post the notice in a conspicuous place on the property at least two weeks before the sale or disposition. The landlord may recover reasonable costs of storage and disposition from the sale proceeds.
In your case, it appears that your tenant has abandoned the property for more than 28 days, so you should now send the 14-day written notice by first-class and certified mail to your tenant's last known address. You should inform the tenant in writing that you are going to either sell or dispose of their property, along with the date and time that you intend to do so. You should post a copy of this letter somewhere on the property so your tenant would notice it, such as on or near the front door. If the tenant doesn't show up on the day of the sale or disposition, then you may get rid of the property or sell it if necessary. You do not have to wait any longer to hear back from the tenant. If you do sell the property, make sure you save the sales receipts and any other receipts relating to the sale, including the cost of sending the certified letter. If the tenant comes to recover the property before the sale or disposition, then the tenant needs to pay the reasonable costs, which includes your mailing cost for notifying the tenant and any removal, care or storage costs of the items, before they can recover their personal property.
Pest-filled apartment
Q: My boyfriend and I moved into an apartment building in February. We have had a mice and roach infestation for the last four months, and our management company is doing nothing about it. All the preventive action has been done by us. This is our first apartment, so we don't really know what we need to do about possibly breaking the lease and getting our money back.
A: Minnesota law requires that all landlords keep the property in reasonable repair, compliant with all safety and health codes, and fit for the use intended. If you've notified your landlord in writing about the infestation, and the problem wasn't fixed in 14 days, then you can file a rent escrow action in the county where you live. You place your rent money, if any is due at the time, with the court and make sure to attach photos or any other evidence of the infestation to help support your case. You can also ask the court for rent abatement and to rescind your lease. You didn't mention how long your lease runs or how bad this infestation is, but if your apartment is unlivable, then the court will be more likely to terminate your lease early. However, rent abatement, or getting money back, is more difficult since you received the benefit of having a place to live. You should still request rent abatement for the months your place was infested.
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, 650 3rd Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.
