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My parents and I have been renting our town home years and…

Customer Question
My parents and I have...
My parents and I have been renting our town home for 2 years and recently a change in management has happened, we are all on the current lease however one of my parents has a criminal background dated back 38 years ago, and we have been asked to resubmit a criminal and income verification, however both of my parents and disabled and currently receiving social security disability, are there laws to protect them from being asked to leave?
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
2/18/2016
Lawyer: barristerinky, Attorney replied 2 years ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,571
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you under a fixed term lease or are you month to month?

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Is this a policy of the management to require all tenants to submit to a background check?

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thanks

Barrister

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Customer reply replied 2 years ago
Month to month and I asked my neighbor and they have not received the same letter and request we did today.
Customer reply replied 2 years ago
I'm not sure because this is a new management company coming on, the old management company have allowed us to rent for the past 2 years, a new company came in and asked us to resign our lease and submit to a new background check and income verification form one for all of us.
Lawyer: barristerinky, Attorney replied 2 years ago

Ok, if you are month to month, then legally either you or the landlord can terminate the tenancy with proper notice at any time. No reason is required under the law to terminate a month to month. Under MN law the landlord has to give you a one month written notice to terminate if you pay rent monthly.

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Then if you didn't vacate, the landlord would have to file a formal eviction action through the court to get a judgment and a writ that the sheriff would execute to physically force you to vacate. This will typically take 3-4 weeks after the one month notice expires..

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And I am sorry to say, but there is no special protections for disabled or elderly tenants from having their tenancy terminated if they are month to month. The landlord can't terminate because someone is disabled, but since they don't have to provide a reason, theoretically they could and it would be impossible to prove.

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And there is no protection from being penalized for having a criminal record as that doesn't put someone in a protected class.

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But realistically, if you have been good tenants and paid on time, then this is likely just a formality that the new management company will go through with all month to month tenants eventually as they get around to renewing leases. As long as you haven't had any problems, there is not really any reason for them to decide to terminate your tenancy since good tenants are hard to find.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Customer reply replied 2 years ago
For the last 2 years we have been quite, clean and paid our rent in full and on time. With no issues from the old management company. My parents and I would just have no where to go, my mother would have to go back to the nursing home and my father would be in a shelter, they cannot afford to live on their own and physically couldn't live alone, as my mom has health issues that cause her to become confused and I am her legal care giver.. And I manage the money and cares of my parents. I don't know what we will do if we are asked to leave.
Customer reply replied 2 years ago
Would you suggest that I write a letter to the management company explaining our situation?
Lawyer: barristerinky, Attorney replied 2 years ago

I don't think it could hurt to send them a letter, but honestly, most management companies only care about the bot***** *****ne...whether a tenant pays the rent on time, doesn't' cause any problems and doesn't damage the property.

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So based on your comments, you sound like the ideal tenants and they would be foolish to terminate your tenancy in favor of rolling the dice on new tenants.

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thanks

Barrister

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Customer reply replied 2 years ago
We've even made repairs to the unit with our own money, caulking holes for rodents, weather proofing the doors and windows, cleaning mold as our windows leak because they are single pane glass clearly not up to code for rental units, in MN. We shampoo our own carpets twice a year and wash our walls as needed. We change our furnace filters twice a year, we maintain our unit and keep to ourselves. We clear our own snow and salt our walk even though we are not required. We respect where we live and take pride in our home even though we don't own it, we act as though we do. I am a medical professional and we take pride in our home.. I sure appreciate your help and thank you for your legal advice. You have a blessed night..
Lawyer: barristerinky, Attorney replied 2 years ago

You are very welcome. Glad to help any time.. And you sound like model tenants to me.. and I have been doing this for 26 years..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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