Re: Tenants Counter-Claim - Landlord Forum thread

Re: Tenants Counter-Claim by Eloise on July 5, 2012 @09:36

Oh OK, good! I am in FL, don't know a lot about your state BUT, here's what I found, I think you are in the right, however, I probably would have waited until they moved out and get all the moneys and damages settled so I'd know how much they owe me and then submit a small claims:

http://www.thelpa.com/lpa/landlord-tenant-law/minnesota-landlord-tenant-law.html
"For Definite Term Tenancies
Procedures for ending this kind of tenancy are generally written into the lease. Tenants with a definite term lease have to pay for the entire term no matter when they leave, unless the landlord agrees to accept new tenants who would take over the remaining payments. But some term leases have provisions allowing the tenant to "break" the lease. Often in such cases, the tenant is required to pay a "breaklease" fee - a sum of money and/or the tenant's security deposit. Such fees must be reasonable in amount and reflect the actual loss the landlord can be expected to suffer in the tenant moves out early.

Some definite term leases spell out what kind of notice is needed to end the tenancy when the lease ends. Typically this is a written notice presented 30 to 60 days before the lease ends. Often such a requirement is part of an automatic renewal provision. Automatic renewal means that if the tenant does not give notice he or she can be held to an additional period of time - for example, one or two months.

But if the automatic renewal is for an extra two months or more, the landlord must give the tenant written notice and call the tenant's attention to the automatic renewal provision. If the landlord does not, the automatic renewal provision cannot be enforced. The renewal notice can be given either personally or by registered or certified mail. It must be received by the tenant 15 to 30 days before the tenant has to give the landlord his or her written notice to vacate. Minn. Stat. §504.21 (1992)."

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Re: Tenants Counter-Claim by Bill (MN) on July 5, 2012 @09:40	[ Reply ]

I've read that, yes. So have my tenants. They cited that in their letter. They said our lease spelled out the provision for breaking the lease, which it did. My tenants and I have had differing opinions on what that provision means, however.

Re: Tenants Counter-Claim by Eloise on July 5, 2012 @09:51	[ Reply ]

I think this all can be blamed to miscommunication. I am confused myself by this part of your post: "After hearing my intended interpretation, my tenants agreed to a one month breaklease penalty plus retention of the security deposit. I didn't accept this and still feel they should pay the additional month breaklease fee and I'll handle their security deposit like normal. I have filed a small claims court case against them for the additional month. " How did your tenants "agree", I don't understand, did you guys sit down to negotiate and then agreed to one month plus the security deposit? Did they just tell you without running it by you that they'd do 1 month and you could keep the deposit? How did that discussion go down? The way I am reading it, it sounds like you guys AGREED together that 1 month plus the SD was sufficient, but then you decided afterwards that this is not what you wanted, is that the case?

Re: Tenants Counter-Claim by Bill (MN) on July 5, 2012 @09:54	[ Reply ]

The tenants said they'd pay one month in a break lease fee and allow retention of the security deposit. That was never agreed upon by me, they just said that was what they were willing to do and added the extra month to their last rent check. Sorry for the confusion.

Re: Tenants Counter-Claim