chat icon

612-308-7763
info@gallatin-law.com

5665 147th St. N.
Hugo, MN 55038

 

Landlords Punished for Lease Terms


An opinion from the Minnesota Court of Appeals sheds light on the perils residential landlords face when crafting non-standard lease terms on their own.  While St. Paul and other cities have their own nuances, certain Minnesota law applies regardless of the location of the property.


Here's the short version of the horror story:  Landlord crafts a lease term that acts as a penalty if the tenant's dog goes to the upstairs level of the house.  The penalty is that the landlord retains a deposit specific to damage caused by the dog.  Tenant's dog goes upstairs, landlord learns of it, and at the end of the lease, the landlord kept the $2,500 additional deposit.

Tenant sues the landlord in conciliation court and wins.  Landlord removes it to district court and tenant wins again.  Tenant was actually also awarded punitive damages allowed by statute in the amount of $500.00 and $12,500 in attorney's fees as the court deemed Landlord's retention of the penalty amount was done in bad faith.

In sum, in this case over a seemingly simple clause, the landlord spent months in litigation, paid the tenant $13,000, and spent hours upon hours of time on a lost cause.  One call to me and the entire thing could have been avoided.  This is a scenario I can handle regardless where you, the landlord is physically located.  You would much rather make one phone call than go through what the landlord above went through.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

Comments

Dan has handled formation of international corporations through single member LLC’s looking to invoke all the corporate protections enjoyed by the most complex companies in the world.

 

More Info

Estate planning can be the most rewarding and emotionally challenging legal endeavor for any client. Dan carefully assists clients persevere through their estate planning process.

 

More Info

No two litigations are alike. The rules may not change, but the facts, client goal, and resolution options are never the same.

 

More Info

Dan has extensive experience representing and helping real estate buyers, sellers, agents, and business clients weave through the maze of residential real estate and commercial transactions.

 

More Info