Family Law Questions? Ask a Family Lawyer Online.
Subsection (1), above, is poorly drafted. It is not clear from the statute or case law, whether or not retaliation must relate to the lease contract, or whether it must only relate to the law of Minnesota or the USA. Given this uncertainty, you would be well served to wait 90 days before tendering a notice to quit -- because if the judge decides that the law should be interpreted in favor of the tenant's right to sue you for negligence or on some other legal theory not associated with the lease agreement, then your actions will be found to be retaliatory.
Note, that if the tenant has not actually served you with a summons and complaint from the court, nor made a written demand for damages, then your actions would not be retaliatory, because you would not be responding to the tenant's actual attempts to enforce his/her rights under the lease. The tenant must act before you do -- otherwise there is no retaliation.
Hope this helps.
We have not received any notice yet. I can assume from yout last paragraph that it is ok to send the letter?
I asked a question an hour ago bout sending the letter. Are you there/
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).