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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 53852
Experience:  Experience representing landlords and tenants.
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Our Lease states that If resident removes or attempts to remove

Customer Question

Our Lease states that If resident removes or attempts to remove property from the premises other than in the usual course of continuing occupancy, without having first paid management all monies due, residence may be considered abandoned, and management shall have the right without notice, to store or dispose of any of residents property remaining on the premises after termination of this agreement in accordance with Minnesota statute section 504.24. This statute has been revoked as what date I do not know. We signed this lease for a two year period beginning in April 2014The tenant in early march said in a conversation that he would be moving and wondered if he could break the lease I told him the lease states clearly what must be done to break it early. The tenant 2 weeks later was asking (begging) to sign another lease which should have been done by the first of the month in March several calls were made none were answered on the 3rd of April I went over to check he had moved most of his belongings out. He agreed to pay the rent for two months when I told him he owed through May he even put it in writing. Gave us a check for Aprils rent. We cashed this check and low and behold it bounced. He finally answers my call telling me that because we changed the locks after he had moved all of his belongings out we did not size his belongings that remained out of kindness and we thought he was in agreement with paying the rent. So he informs us that his attorney informs him that we changed the locks and did not afford him entry to clean to get his deposit back. I have liquidated his deposit due to breach of lease and I believe he owes rent through May. What is your take on this please
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 7 months ago.
The tenant here breached and abandoned. As such you acted rightly. You should return any personal property to tenant if you have it, and may sue tenant for rent owing to the extent deposit not enough. Kindly let me know if clear and acceptable.
Customer: replied 7 months ago.
What current Minnesota statute confirms this answer and what If issue and loose
Expert:  Infolawyer replied 7 months ago.
Courts treat on case by case basis and look to whether tenant by word or deed evidenced an intent not to return. At worse court would ask you to return deposit and any personal property retained. I wish you the best. I trust the answer has been helpful. kindly let me know.

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