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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6550
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I purchase a house and was told verbally by property manager

Customer Question

I purchase a house and was told verbally by property manager that if I show a purchase agreement I will. Or get a penalty now they took my deposit and want me to pay 2000$ more for not giving them a notice which I was not aware at the time of handing her the purchase agreement can anyone help me with this??? I also sent them a email if my notice if vancancy 2 days after the purchase agreement
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

I purchase a house and was told verbally by property manager that if I show a purchase agreement I will. Or get a penalty now they took my deposit and want me to pay 2000$ more for not giving them a notice which I was not aware at the time of handing her the purchase agreement can anyone help me with this???

You have a contract for the purchase of the house and the property manager told you that "if I show a purchase agreement I will. Or get a penalty now they took my deposit and want me to pay 2000$ more for not giving them a notice which I was not aware at the time of handing her the purchase agreement can anyone help me with this???"

Customer: replied 10 months ago.
I have a purchase order for the house but now the landlord won't paid me my security deposit and on top of that I'm getting charge for terminating my lease early
Expert:  Attyadvisor replied 10 months ago.

I am sorry I am having difficulty understanding what you did that caused the landlord to terminate the lease and keep your security deposit. Did you buy another property other then the one you are renting and trying to get out of your lease early?

Customer: replied 10 months ago.
Okay I was renting a townhome and me and my partner decided to buy our first home. We went to ask our property manager that if we were to buy a home before our lease is up will there be any penalty and our property manager said to us that if we were to give her a purchase agreement then no there will not be any penalty, few weeks later we decided to put the offer in on our house and we got it so we give our property manager a copy of the purchase order of our house and we then ask her if this is all she need?? She say ok I will give this to our coporate office and if there is anything else I will let you know so 2 days later after we give her the purchase order we didn't hear anything so I sent them a email of our notice of vacancy and to follow up to see if there is anything else still I didn't hear anything back so when we closed out of our home we move out and the place was exactly how it was when we move in so I don't understand why they won't give me my deposit and why are they charging me for not giving them any notice
Expert:  Attyadvisor replied 10 months ago.

Thank you for the clarification. So the manager verbally agreed to something that is not stated in your contract and you have nothing on writing form the manager to prove your promised that the contract would be terminated and you would be refunded your entire security deposit and that did not happen. Is that correct?

As a general rule a lease will state that no verbal agreements will be part of the lease and therefore you can only rely on what is stated in the lease unless the manager had a lease amendment prepared for you that you signed agreeing to let you out early and refund your deposit.

"There is no Minnesota law that allows a person to break a lease early after buying a house, condo or any other place. It is true that some landlords have an early-termination clause in their lease that allows a tenant to terminate the lease early if the tenant is buying a house, moving for a job or for some other reason. However, many landlords also require payment of a couple of months' rent to terminate a lease early.

The renter you talked to may have such a clause or buyout provision in his lease, but he should have reviewed his lease or talked to his landlord about it before purchasing a condo. He may be stuck with a mortgage payment and a rental payment.

If there isn't a buyout provision in a rental lease, many landlords may still allow a tenant to terminate the lease early if a tenant expresses a desire to move. However, in most cases, the tenant will be paying the landlord a couple of months' rent to terminate early." http://www.startribune.com/renting-and-the-law-can-a-renter-break-lease-when-buying-a-home/254894081/

You relied on the verbal representation made by the manager. You may have action against the manager, however, if nothing is in writing it would be difficult to require the landlord to be bound by a verbal agreement. You stated this is Minnesota, can you tell me if the manger is licensed with the State?

"Many tenants who sign a lease for their apartment or rental unit plan to stay for the full amount of time required in the lease, such as one year. But despite your best intentions, you may want (or need) to leave before your lease is up—for example, if you’re a student at the University of Minnesota, Twin Cities and only want to stay in your apartment for the period of time that school is in session. Or perhaps you’re moving in with your boyfriend or girlfriend. Sometimes, you may need to move in order to be closer to your new job or an elderly parent who needs your help.

Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here’s a brief review of tenant rights in Minnesota to break a lease without further liability for the rent.

Tenant Rights and Responsibilities When Signing a Lease in Minnesota

A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can’t raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can’t force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Minnesota must follow specific procedures to end the tenancy. For example, your landlord must give you 14 days’ notice to pay the rent or leave (Minnesota Stat. Ann. § 504B.135) before filing an eviction lawsuit.

Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.

When Breaking a Lease Is Justified in Minnesota

There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.

You Are Starting Active Military Duty

If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. §§ 501 and following.) You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.

You or Your Child Are a Victim of Domestic Violence

State law (Minn. Stat. Ann. § 504B.206) provides early termination rights for tenants (or their children) who are victims of domestic violence (or who fear imminent domestic violence), provided that specified conditions are met (such as the tenant securing an order of protection).

The Rental Unit Is Unsafe or Violates Minnesota Health or Safety Codes

If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Minnesota law (Minn. Stat. Ann. §§ 504B.215, 504B.385 and -504B.425) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.

Your Landlord Harasses You or Violates Your Privacy Rights

Under state law in Minnesota, your landlord must give you “reasonable” notice to enter rental property (Minn. Stat. Ann. § 504B.211). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered “constructively evicted,” as described above; this would usually justify you breaking the lease without further rent obligation.

Landlord’s Duty to Find a New Tenant in Minnesota

Landlords in most states (for example, Arizona) must make a reasonable effort to re-rent their units when a tenant breaks a lease, rather than charge the tenant for the total remaining rent due under the lease. Unfortunately, landlords in Minnesota (Control Data Corp. v. Metro Office Parks Co., 296 Minn. 302 (Minn. 1973)) do not have the same responsibility to “mitigate damages” by trying to rent their property reasonably quickly and keeping their losses to a minimum if you move before a lease ends. If you break your lease and move out without a legal justification (described above), try to work something out with your landlord. Don’t just move out and hope your landlord gets a new tenant quickly and doesn’t charge you for the remaining time on your lease. Provide your landlord as much notice as possible and write a sincere letter explaining why you need to leave early. Ideally, you can offer your landlord a qualified replacement tenant with good credit and references, to sign a new lease.

But keep in mind, that if the landlord doesn’t agree to let you off the hook, you will be liable for paying rent for the remainder of your lease. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $15,000 in Minnesota.

How to Minimize Your Financial Responsibility When Breaking a Lease

If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.

You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord." http://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-minnesota.html

Customer: replied 10 months ago.
that is correct. And I'm not sure if she has a license or not but in our lease there there is not a single info about buying a home all the lease says if you need more info contact property manager and that's what we did , if she knew what she was doing why didn't she tell us we could have given her a notice but due to their lack of information and false info they should not have charge me for not giving them any notice which I have email and give them
Customer: replied 10 months ago.
What should I do now?? Should I just paid them or should I fight this in a small claim court?
Customer: replied 10 months ago.
Also we rent there for more than 1 yr, it was almost our 2 yr
Expert:  Attyadvisor replied 10 months ago.

I would check to see if the property manager is licensed. I would file a complaint against the manager as well as a consumer protection complaint.

Expert:  Attyadvisor replied 10 months ago.

What is the name of the management company?

Customer: replied 10 months ago.
Rice creek townhomes and her name is Bonnie
Customer: replied 10 months ago.
Can u let me know what I should do at this point???
Expert:  Attyadvisor replied 10 months ago.

Let me check the licensing. You can sue her in small claims court.

Expert:  Attyadvisor replied 10 months ago.

I see no business licensed in the State under "Rice creek townhomes" What is the name of the management company?

Expert:  Attyadvisor replied 10 months ago.

You would file a claim in small claims court is the amount of money meets the small claims limit http://jux.law/mn-conciliation-how-to-represent-yourself-in-minnesota-small-claims-court/

You also have the right to file a consumer protection agency complaint her for allowing you to rely on false information. http://www.ag.state.mn.us/Office/Complaint.asp

Customer: replied 10 months ago.
I don't know what management they are called? We send them checks for our monthly to rice creek townhomes so I'm assuming that's their name
Customer: replied 10 months ago.
If I file this in a small court claim will I win or not?? Since they are a bigger management I'm not quite sure if I will win due to everything she had say was just a verbal nothing in paper and all I have is just my lease agreement, purchase order and my notice of vacancy email that I email them
Expert:  Attyadvisor replied 10 months ago.

I am not seeing that they have a management company either as I am on their site. Do you think she would lie under oath?

Rice Creek Townhouses*****N
Fridley, MN 55432
Office:(###) ###-####br />Fax:(###) ###-####/p>

Customer: replied 10 months ago.
What does that mean?? Yes this is the address so I'm not sure why they don't have a management ??
Customer: replied 10 months ago.
They have a lot of property so I'm assuming they should have a management I'm not sure what they are call though all I know is they just tell me who I make the money orders out too
Expert:  Attyadvisor replied 10 months ago.

I was just showing you what I was able to find. You can sue in small claims court. If you think she will deny that she said you could terminate the lease by showing her the contract to purchase it will be up to the Judge to decide. Do you have any witnesses or texts or emails?

I would also file a consumer protection complaint with the State at http://You also have the right to file a consumer protection agency complaint her for allowing you to rely on false information. http://www.ag.state.mn.us/Office/Complaint.asp

Thank you for using JA. We appreciate your business. If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.

If you would like I can provide a link for a local attorney that provides free consultations in your area. Perhaps a letter from an attorney would be enough to get the landlord to honor Bonnie's verbal agreement. Would you like a link?

Expert:  Attyadvisor replied 10 months ago.

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