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I have been asked to end my tenancy in 30 days from

Customer Question
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I have been asked to end my tenancy in 30 days from September 22. That puts it at OCT 22, 2017. I paid first and last month's rent when lease was agreed upon in August 2017. Can I use last month rent that's already been paid for October rent? And what about the remaining 9 days after the 22nd of OCT? She also stated that I am to pay the remainder of the lease agreement which ends Jan 2018. I don't think she's a registered renter in ST Cloud, Mn. She also does not report the income to the state

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Minnesota

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Terms of the lease are $500 a month for a 6 month lease. October is the beginning of the 3rd month. There are no maintenance issues, but serious privacy issues

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 7 minutes by:
9/26/2017
Lawyer: Lucy, Esq., Attorney replied 8 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

A lease for a set term may not be terminated on 30 days notice. If you have a lease that says you're allowed to stay through January 2018, your landlord cannot ask you to leave early unless you've broken the lease. And even if you did break the lease, she'd have to give you an opportunity to fix it before making you move out. You could insist upon following the original lease and staying. But if you want to leave, she has no right to collect rent after the date you moved out.

If the property is not licensed, then it's illegal for her to collect rent from you. She's only entitled to rent after getting a license, meaning that if she were to sue you for unpaid rent, a judge could not order you to pay her. It also means that you could sue her for a refund of the last month's rent already paid, because she has no right to it. On top of that, if you report her, she could be fined up to $750 by the city.

Her failure to report the income has no bearing on your lease, but you can report her to the state and the IRS for tax fraud if you have reason to believe she had rental income before you moved in or didn't intend to report it when she filed her tax return in April.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

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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).

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