At the University of Minnesota, legal assistance is provided to students through the University Student Legal Service. USLS is open to all fee paying students on the Twin Cities Campus. Advice, information and educational programs are free, and formal representation is available for a modest fee. USLS handles a variety of legal issues, and there are housing specialists on staff to assist students with any question or problem related to their tenancy. Students are also encouraged to meet with staff to review their lease agreements before signing in an effort to prevent problems before they arise. Office hours are Monday through Friday, 8:30 a.m. to 5 p.m. at 160 West Bank Skyway, 612-624-1001.

Perhaps the most complete and understandable summary of landlord tenant laws in Minnesota is Landlords and Tenants: Rights and Responsibilities published by the Office of the Attorney General. This booklet should be mandatory reading for anyone involved in rental housing, especially first time renters. It is available on-line at the Attorney General's Web site <www.ag.state.mn.us>. The booklet is also available on campus at the USLS office, 160 West Bank Skyway. Or call us at 612-624-1001.

Assignment

The following quiz should test your knowledge about some of the more common rental questions. Hopefully, the answers will correct misconceptions and, more importantly, help prevent legal hassles.

Landlord and Tenant—True/False Quiz

1. Minnesota limits the amounts landlords can require tenants to pay for security deposits and rent increases.
   T F
   
   
2. Minnesota law requires landlords to provide tenants with a copy of the lease only if the tenants request it.
   T F
   
   
3. Several tenants move in together as roommates. The landlord can hold any one of them responsible for all of the rent.
   T F
   
   
4. Parents who co-sign the lease may be sued for unpaid rent, but only for their son's or daughter's share.
   T F
   
   
5. Landlords must release student-tenants from the lease if they withdraw from school.
   T F
   
   
6. If a tenant pays a security deposit and later decides not to rent the property, the tenant automatically forfeits the deposit.
   T F
   
   
7. An oral month-to-month lease may be terminated by giving written notice at least one month and one day in advance.
   T F
   
   
8. The only way to force a landlord to make repairs is to withhold rent.
   T F
   
   
9. To assure refund of the security deposit tenants must leave the property in better condition than they found it.
   T F
   
   
10. A lease may require a tenant to perform maintenance, such as lawn care and snow shoveling only if the tenant is compensated.
    T F

1. False
The amounts are not regulated. But the landlord must account for all deposit money within 21 days after the tenancy ends, provided the tenant has given a forwarding address. Landlords cannot increase the rent during a fixed term lease. If a tenant is renting on a month to month basis, the landlord must give at least one full month written notice of the increase.

2. False
Landlords must provide tenants with a copy of the lease whether the tenant requests it or not. Students should start a rental file with copies of all documents and correspondence related to the tenancy. Two rules to rent by: put everything in writing; and keep copies of everything. Good records make a huge difference when it comes to protecting and enforcing legal rights.

3. True
This is called joint and several liability. Sometimes students mistakenly assume that they will only be obligated to pay their own portion of the rent when they sign a joint lease with other roommates. But each person who signs the lease is individually responsible for the total amount of rent. When seeking out roommates, students should try to assure that everyone is committed to fully comply with the lease.

4. False
Some landlords do require parents to co-sign leases when the tenant has no credit or rental history. The bad news is that co-signers are equally responsible with others on the lease. The good news is that many landlords don't require co-signers.

5. False
It's not that easy! Leases are binding contracts, and landlords are generally reluctant to shorten the term for any reason. It may also be difficult for a student to sublet.

6. False
Forfeiture clauses in rental applications and agreements are generally not enforceable, particularly if the property is re-rented to other tenants. The landlord must show actual losses caused by the tenant's actions, such as lost rent for the first month, to justify keeping the deposit.

7. True
Prior notice in writing is almost always required to terminate a tenancy. When there is no written lease, state law requires that either party give the other written notice at least one full month in advance. For example, if the tenant wants out on February 28th, they should give notice by January 31st. Students who fail to give a one-month written notice could be held responsible for one more month of rent. It is lawful for a landlord to require a longer notice period if it is part of a written agreement.

8. False
There are a number of options and remedies to deal with repair problems. A tenant should first write a letter itemizing repair requests, and KEEP A COPY, then take pictures of any obvious substandard conditions. If the landlord fails or refuses to make repairs within 14 days, the tenant can file a "rent escrow" action in housing court. Landlords have a strict duty under Minnesota law to keep the property in reasonable repair, and housing court has the authority to order that the rent be reduced if the tenant can show the landlord failed to do so. The Minneapolis and St. Paul city inspections departments will inspect the property for code violations at the tenant's request and order that violations be corrected. The tenant is protected by law from retaliation for these actions.

9. False
Tenants are only responsible to restore the property to its condition at the beginning of the tenancy with allowance for normal wear and tear. If the property was a mess on the move-in date, and tenants can show this through witnesses or pictures, the landlord will have a hard time justifying deductions from the deposit for cleaning and damages. Inventory checklists are commonly used by landlords in this area, but they are not required under Minnesota law. A new tenant is well advised to make a list of anything that is dirty, damaged, or broken as soon as possible, keep it in a file, and provide a copy to the landlord.

10. True
This is one of the more common invalid lease provisions we see. Many landlords expect the tenants to do lawn work and shoveling. That's fine if the tenants want to do it, but unless the lease shows how they are compensated, the provision is not enforceable. Other variations attempt to make the tenants responsible for appliance repairs or service contracts—also not valid. It is not uncommon for leases to contain one or more provisions that are contrary to state law. Many of our students have been happy to discover that they didn't give up any of their rights under state law by signing a bad lease.

Housing Workshop Links

Introduction

Assessing the Choices
Presenters: Marjorie Savage and Susan Stubblefield

Reapplying for Residence Halls
Presenter: Mannix Clark

The Apartment Search
Presenter: Kim Araya

Neighborhoods
Presenter: Kendre Turonie

The Legal Factors
Presenter: Barb Boysen

Parking and Transportation Issues
Presenter: Victoria Nelson

Off-Campus Living: The Student Perspective
Presenter: Leuallem Solomon