Legal Question in Landlord & Tenant Law in Minnesota

Violation of lease by landlord

We signed a lease from 12/07 to 6/09. Written into the lease was ''landlord will install deck by May 15''. Now the landlord is stating that the deck will be installed after May 15.

We may want to move out at some point - will this permit us the legal leverage to ''null and void'' the lease and move out? Should we provide the landlord legal notice of their violation of the terms of the lease? What are the chances of this holding up in court?


Asked on 4/08/08, 1:08 pm

1 Answer from Attorneys
Scott Dutcher Law Office of Scott M. Dutcher, LLC

Re: Violation of lease by landlord

A breach by one party to a contract does not necessarily permit the other party to breach. In your case, this means that you are not going to be able to get out of your obligations because of the breach.

However, you should notify your landlord of your objection. If your lease requires a deck to be installed and it has not been, you should have a pretty strong case in court. You might want to look into conciliation court (small claims court).

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Answered on 4/09/08, 2:25 pm


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