Legal Question in Landlord & Tenant Law in Minnesota

Can I be Eviction for only paying part of?

Do I have the right to with hold part of my rent for things promised to me before I sign my lease that I have not received?

When I rented my apartment they had showed me and my wife an apartment that had just been redone. We both asked if they had one just like the one they showed us. They said yes. The day we moved in the apt manager called and said that the apt was not ready but would give a different one that hadn't been remodel but promised to have it done. It has been 5 months. Part of my lease was to pay a lower payment for 4 months then it would go up $200. They said that the remodeling would be done with in a month of us moving in. It still has not been done. Can I with hold the $200 increse untell they give us what we were promised?


Asked on 7/25/06, 4:34 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Can I be Eviction for only paying part of?

There is a good article on this subject at http://www.weblocator.com/attorney/mn/law/resreal.html. Look at the sections under landlord-tenant, repairs, withholding rent and rent escrow.

I think that the rent withholding and rent escrow procedures are more for serious code violations, plumbing leaks, roof leaks, rodent infestations, toxic mold or chemicals, and such - and not for just failure to paint or recarpet.

You should consult a lawyer, and I can't say anything for sure because your question is short and lacks specifics - but it doesn't sound to me like a good case for rent withholding.

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Answered on 7/26/06, 11:10 am


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