Landlord & Tenant Disputes

Landlords that own properties and Tenants that live in them have certain rights, duties, and protections they must abide by depending on the lease agreement. If any of these duties are broken by the landlord or the tenant, it may be taken to court if the parties are unable to reach an agreement or settlement. Despite minor variances regarding the rights of a landlord or tenant in real estate, the most important factor in a landlord-tenant dispute is the rental agreement and its terms. The rental agreement dictates the nature of the landlord-tenant relationship and dictates rental costs, penalties for non-payment of rent, security deposits, the terms that must be violated or breached to begin the eviction process, property damage, and the requirements for either party to terminate the tenancy.

The Role of a Landlord-Tenant Lawyer

Hiring an attorney to represent a landlord or tenant is very important as they will spearhead communication with the opposing party or opposing counsel throughout the process. The best landlord-tenant attorneys will work toward a settlement regarding landlord-tenant disputes, but will not hesitate to advocate for their client in a court action under applicable landlord-tenant law. Often a landlord desires an eviction of a problem tenant but will lack knowledge of a tenant’s rights afforded under Minnesota law. An experienced landlord-tenant attorney will ensure that all laws and procedures are followed to ensure that a tenant is removed from the rental property properly and substantially lower a landlord’s risk of legal issues by performing a self-help eviction.

Landlord-Tenant Dispute Resolution

Housing is understandably an emotional issue for many renters, so when disputes do arise, the landlord-tenant relationship tends to devolve into an emotional firestorm. One important role of a landlord-tenant attorney is to make sure that during these moments, the law and the facts prevail and the legal rights of landlords are protected.

Most landlord-tenant disputes can be resolved prior to a court hearing with the help of a real estate law firm. An experienced landlord-tenant attorney has the knowledge required to evaluate each case on its merits. A landlord-tenant dispute usually follows a consistent pattern of behavior by renters. A good landlord-tenant lawyer will ensure that a landlord’s rights are enforced and more often than not, the best way to do this is by negotiating a move-out by the tenant. The most common disputes typically revolve around security deposits, non-payment of rent, or property damage. All of these disputes are resolvable prior to a court action, and resolving them prior to a court action is often the most cost-efficient and effective way of resolving landlord-tenant disputes.

An experienced landlord-tenant dispute attorney will provide sound legal advice in an effort to de-escalate landlord-tenant disputes. Establishing an attorney-client relationship with a landlord-tenant dispute attorney and requesting legal advice from a law firm as a preventative measure is a best practice for residential landlords, as well as commercial landlords. Property management is difficult, and ensuring that you are following all the legal requirements of a landlord is paramount to ensuring that business goes smoothly and renters issues are avoided.

Common Landlord-Tenant Disputes

The landlord-tenant relationship works properly when tenants and landlords each follow the terms of the rental agreement. However, disputes can arise on the landlord’s or tenant’s side. Common examples of landlord-tenant issues include:

• Non-payment of rent: A tenant might stop paying the rent or might consistently pay late, violating their lease, and allowing for a landlord to collect unpaid rent via legal action.
• Unauthorized pets on the property: Some properties allow pets but charge a fee. If a renter brings a pet home without the permission of their landlord, they can be fined or eventually evicted.
• Issues of habitability: Landlords need to provide tenants a property that’s habitable, meaning it must adhere to the terms and conditions set by the State of Minnesota, as well as any local ordinances or safety requirements. This can include requiring a landlord to make all necessary repairs as required by law.
• Criminal activity on the premises: Criminal activity, such as selling drugs, on a landlord’s property, is strictly prohibited and may entitle a landlord to terminate the rental agreement.
• Housing Discrimination and Fair Housing: It is against the law for landlords to discriminate against tenants based on factors such as their age, race, sex, accessibility or family status. If a tenant believes a landlord refused them housing because of discrimination, they can sue the landlord.

A landlord-focused lawyer can help you if you own and lease property. Our experienced landlord-tenant issue lawyers can help you settle disputes with tenants and provide assistance if a tenant sues you. Our team can also help you if you need to evict a tenant for non-payment of rent or for otherwise violating their lease.

You might be able to resolve some rental property issues or handle the eviction process yourself. However, if you want to make sure everything goes smoothly or if you’re evicting a tenant for the first time, hiring a landlord attorney may be in your best interests to handle your legal needs. Contact Toepfer at Law today to schedule a confidential consultation or give us a call at (320) 497-4416 to learn more about our legal services.