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In the recent Minnesota Court of Appeals unpublished case of Pape v. Macks, LLC, 2011 WL 1466433 (Minn.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.

Be careful what you blog or post.

Words have consequences.  This is even more true in the digital age. 

Recently a nursing student posted a detailed blog post about her experience with an obstetric patient which “attempt at humor was an abject failure . . . Her observations on women, children, motherhood and the birthing process are for the most part, crass and uncouth." Yoder v. Univ. of Louisville, 2009 WL 2406235 (W.D. Ky Aug. 3, 2009).  Yoder was summarily dismissed from the nursing program because of her "internet postings regarding patient activities and identification as a University of Louisville School of Nursing student violates the nursing honor code which you pledged to uphold on September 7, 2008."  She eventually brought suit under 42 U.S.C. §1983 for violation of her First Amendment right to free speech.  She also argued that a confidentiality agreement she was subject to was unconstitutionally vague.  Further, she alleged that there was also a violation of her Fourteenth Amendment right to due process.  The District Court granted summary judgment in favor of the dismissed nursing student based on contract interpretation and did not make any determinations on the Constitutional issues.  Basically, the District Court ruled that the confidentiality agreement, code of conduct and standards of the nursing profession were either too vague or the facts of the case did not rise to the level of being a violation/breach.

Can you rely on Wikipedia as legal authority?

Is Wikipedia primary authority?  Is it reliable?  Should you rest an argument on what you find in Wikipedia?  If you answered “yes”, you better think again.  In United States v. Sypher, 2011 WL 579156 (W.D. Ky. Feb. 11, 2011), the Court had to remind the defense attorney that Wikipedia is not an acceptable source of legal authority in United States District Courts.  The court noted that the defense council cobbled much of his argument of law by cutting and pasting, without citation, from the Wikepedia web site:

What Instructions Can I Provide in my Will? Can I Refuse to Provide for Some Members of My Family?

You can provide little instruction or very detailed instructions in your Will.  Usually, though, a Will provides instructions for the care of any children and also names a "personal representative" to manage and distribute your estate after you die.  The personal representative, which can also be legal entity, gathers your property, pays any debts and taxes, and distributes the balance of your estate to the people or organizations you have named in your Will.

Specifically excluding a person from inheriting part of your estate is called "disinheriting."  A married person cannot disinherit a spouse without the spouse’s consent. You may specifically exclude or "disinherit" a child as long as you are clear about it in the Will so that the disinheritance does not appear to be a mistake.