Q I am an artist who is looking to rent an apartment for my studio -- are there any laws prohibiting this? And if so, are they ever enforced? And what are the penalties for me and the landlord?
A As with anything else, it depends. There should be no laws prohibiting a tenant from operating a simple studio within their apartment, other than the normal laws that cover the storage and disposal of paint and the associated chemicals.
However, a commercial studio where you are selling art may run afoul of zoning laws that cover commercial enterprises. So, if you are thinking of selling art directly out of your apartment, you may want to check the zoning laws for the particular property you are considering renting.
Beyond that, many leases prohibit commercial activity, so you will want to check with your landlord to make sure you are not in violation of your lease.
Is mowing required? Q As tenants we are dealing with possibly the worst rental property management company ever. They have defrauded us, refuse to make repairs and the list goes on.
I have contacted the Better Business Bureau and the Minnesota Attorney General. We do not feel compelled to do anything more than the bare minimum regarding the property. The lease states that the tenant is responsible for lawn care including watering and fertilizing when necessary. They did not mention mowing, and they did not state "including but not limited to watering and fertilizing" in the wording of the lease. We were not provided with a lawnmower. There is mention in the lease that there is a $50 monthly rent rebate for this, yet we are paying the advertised price for the unit. They are claiming the amount was "already" deducted from the rental amount.
As every contract is most restrictive against its author, and no mention is made of mowing, does this mean that we do not have to mow the lawn? Also, can a lease simply state that money was taken off in consideration for yard work when all advertisements, and the lease itself, stated the same amount of rent that is currently being paid?
A Sorry to hear about your situation. The short answer is that the landlord is required by Minnesota Stat. 504B.161 to maintain the premises. That statute does permit a landlord and tenant to agree to have the tenant perform maintenance, but only if the agreement is set forth in conspicuous writing and provides for adequate consideration.
