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Tenant and
Landlord Bill of Rights IN MINNESOTA |
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MOVING OUT * After the
Sheriff's Office has served or posted the Eviction Notice and the
appropriate time has passed, then Law
Enforcement can remove the tenant and property by Order of the Court. * A landlord who locks
out a tenant is guilty of a misdemeanor crime.
(MS
504B.225 and MS 609.606)
A lockout occurs when a landlord intentionally removes or excludes a
tenant from the rental property by changing locks or alters the
electrical, heat, gas, or water services. * A landlord cannot hold the tenant's property hostage for unpaid rent. This is called 'Distress for Rent'. Although the remedy for Distress for Rent has been abolished, the holding of the property may constitute Theft as the landlord intentionally and without claim of right has taken property of another with the intent of giving it back only if the owner pays a reward or buys it back. (MS 609.52 Subdivision 2 [5] [iii]) * If the tenant abandons
the property, any personal property left behind must be cared for by the
Landlord for up to 60 days and it must also be returned to the former
tenant upon written request. Property left beyond the 60 day threshold
becomes forfeited. * A Landlord must make a
good faith effort to notify the tenant of the date and time they wish to enter the property
and for what reason. Such entry must be for a legitimate business purpose;
i.e. Showing the unit to any prospective tenants or buyers, performing
maintenance work, or checking to see if the tenant has moved out. If
the tenant is not home at the time of entry, the landlord must leave
written notice that access was gained to the premises. If the landlord violates this law, the tenant can take the landlord to civil court to break the lease, recover the damage deposit, and receive a civil penalty of up to $100.00 for violation.
* In every lease whether oral or written, there is a covenant that neither party will allow controlled substances, prostitution, or other illegal activity on the premises. If the tenant break this covenant, the landlord can bring an unlawful detainer (eviction notice) court proceeding to have the tenant forcibly removed.
* The tenant may be held criminally liable for intentional damages to the premises. The severity of the crime is dependant upon the amount of the damage done to the premises. (MS 609.595) * A tenant who lies on
their rental application is guilty of Theft. * In addition to any lease notification requirements, a tenant moving out between November 15 and April 15 must give the landlord 3 days notice. Violation of this law is a misdemeanor and is called the cold weather notice - allowing the landlord to ensure the property is not damaged due to the cold weather (MS 504B.155) if applicable. * Tenants must be aware that Minnesota's Clean Air Act prohibits smoking within all commons areas of any multi-housing or apartment building. Tenants may smoke in the privacy of their rented house or apartment only if permitted by the landlord.
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| MN CRIME-FREE MULTI-HOUSING PROGRAM |
| One of
the major principles of Community Oriented Policing is a partnership
between the police and the community. The police are a part of that
community and have a vital interest in the well-being of the city, but
we cannot be totally effective without the community’s involvement. The police need to be regarded as part of a team; working in partnership with citizens, landlords, tenants, and homeowners. The purpose of the MINNESOTA CRIME-FREE MULTI-HOUSING PROGRAM is to help you develop into a more effective partner in our effort to keep our neighborhoods safe -- free of chronic drug dealing and illegal activity. This will make for a pleasant place to live, work and raise our families. We want to help responsible landlords that are seeking honest tenants. We also want to help prevent dishonest tenants from abusing rental housing and the neighborhoods in our communities. We know that most tenants are respectable people who are looking for a good environment to live. The premise of this program is that all parties concerned can benefit from the simple guidelines offered. It is hoped this program can bring about a better partnership between the police and community and ultimately produce safer, more stable neighborhoods. |
The DL Police Department became involved with the Minnesota Crime-Free Multi-Housing Program during the summer of 1995. Participation in the program has been proven to reduce police calls for service while making the community a safer place to live. In addition, the City of Detroit Lakes has a nuisance ordinance dealing with troublesome tenants, landlords, and properties that works in conjunction with the program. |
| HOW THE PROGRAM WORKS |
| * The
first phase is landlord and tenant education. Property owners and
managers are taught how to screen applicants, and with our assistance,
anyone with a significant criminal record is not allowed to rent.
* The second phase of the program educates both tenants and landlords regarding their legal rights. While the majority of incidents between tenants and landlords are civil matters, having the knowledge of state laws can help to define guidelines and methods of conduct for everyone involved. Many of the most common situations landlords and tenants deal with are listed here in 'Bill of Rights'. * Finally, the City of
Detroit Lakes has a very detailed and strict rental property
ordinance which requires licensing of all rental properties.
Landlords are held accountable for the actions of their tenants and
notified by the Police Department anytime there are repeated
nuisances or other complaints. Landlords are then given the chance
to "clean-up" the problem immediately or face the revocation of
their renters license. And without a proper renters license, no
landlord can rent any property within the city limits. |
