Tenant Issues Can Be a Minefield, Don’t Go It Alone

The 4 corners of a contract prevailed this past Monday.  A landlord had entered into a settlement agreement with a tenant.  The court upheld an eviction based on a breach of the settlement agreement.  Don't go it alone if you are a landlord with tenant issues.  I can guide you through the intricacies of landlord/tenant law. 

In the case of Kleinman Realty Co. v. Talbot, 2011 WL 1938184 (Minn. Ct. App. May 23, 2011), the Court of Appeals determined that, in a landlord/tenant situation, the express words of a settlement agreement govern.  This is in spite of the Court's sympathies to the tenant for her situation and recognition that the district court approached this case in a spirit of charity.  The Court stated:

It is awkward for us to describe the district court's abundance of compassion with the usual legal tags of "erroneous" or "abuse of discretion."  But our mandate is to correct legal errors, and we are bound here to conclude that the district court made a decision more generous toward a tenant than the law allows.

If you rent make sure you have your license

Certain cities require a license if you desire to rent all or part of your property.  For those cities that require a license the property must continually meet the conditions of the license.  If you rent your property and do not have a required license you could be subject to criminal prosecution and a civil lawsuit.  Call me if you intend to or do rent your property and I can assist in determining that you are in compliance with local, state and federal regulations.

The variance rollercoaster ride may be at an end

Cities have the authority to adopt zoning ordinances that regulate the use of land within the city.  This means that a city can regulate, among other things, the size and location of structures.  Sometimes a property owner wants to make improvements that are not allowed by a city's regulations, e.g., making a deck of a house bigger.  If the zoning code does not allow the deck to be any bigger a variance is needed (a variance requires City Council approval).  In the last year the laws that govern when a variance can be granted have been on a wild rollercoaster ride and that ride may have finally come to an end.

A property owner has a duty to use reasonable care to ensure the safety of guests

In the recent Minnesota Court of Appeals unpublished case of Pape v. Macks, LLC, 2011 WL 1466433 (Minn. Ct. App. April 19, 2011), the Court of Appeals reviewed whether a hotel owner is negligent for an injury to a guest.  In this case the guest was taking a shower when he slid the shower door, it cracked and the entire pane fell onto his foot.  The hotel owner indicated that its staff conducted routine checks of rooms after guest checkout and no defects or problems were noticed.  Further, the guest indicated that he had taken previous showers without noticing any defect.  The guest brought an action against the hotel owner for, among other things, negligence.  Although summary judgment is seldom granted on negligence issues, the District Court granted summary judgment in favor of the hotel owner.  The guest appealed.  The Court of Appeals found that in this instance the hotel owner was not negligent.