Legal Question in Landlord & Tenant Law in Minnesota

My husband and I are landlords. We just rented our house to a tenant and she signed a 1 year lease yesterday (1/3/10). She paid the security deposit and the first months rent in one check, but wants me to hold the check until next week. Her mother just called and said she feels badly, but the potential tenant is going to try to reconcile with her husband and does not want to move into the house. I liked her and felt she would be a good tenant-even though she needs me to hold the check for a week (she has secure income of $6,000.00 a month) but don't quite know what to do. I feel that she should have to pay the security dep and the first months rent to cover us while we try to rent the house again. I wouldn't feel good about doing it, but feel it's right. As a lawyer, what do you recommend we do?


Asked on 1/04/10, 5:32 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

She has breached the lease. If you do not have any immediate other prospects, you should let her know that you will hold her liable for the rental period for which you cannot rent it.

She should at least pay for signs, ads etc. to get it re-rented right away, incl. screening fees etc.

I have been a LL for 30 years, and once the lease is signed, it is a binding contract.

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Answered on 1/09/10, 5:42 pm


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