Legal Question in Real Estate Law in Minnesota

deposit refund

I rented out my house for two years and the renter paid a $500 deposit. When I moved back into my house (June 2000) the tenant I went over the damages and she said that she was willing to ''call it even.'' I said that I would be willing to give her a list of the damages as it exceeded the $500 but she said that it wouldn't be necessary. Her boyfriend called me today and said that he is an attorney representing her and would now like the deposit returned. My questions are: 1) Is it illegal to represent yourself as an attorney when infact you are not? 2) Although she has not said anything about this matter for over 6 months and verbally agreed to let the deposit go can either of us still take this matter up in court? Of course, all the repairs have been made since (in excess of $2,000) and in good faith per our understanding, although I do have a reasonable amount of documentation. 3) If the imposter boyfriend continues to call, does this constitute harassment? Thank you very much.


Asked on 12/09/00, 9:51 pm

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

Re: deposit refund

The last time I checked, impersonating an attorney is a felony. I knew a gentleman who did it and would up in stillwater - of course he actually had an office, filed papers, conducted trials, the whole nine yards.

I suggest you write your former tennant a letter outlining the damages, the conversation you had six months ago and the fact that you know her boyffriend is impersonating an attorney. Send it certified mail.

Next time he calls, report it to the phone company as a harassing phone call.

There are some legal requirments about damage deposits which require some written notices to be given within a certain time period, and you are already past that; but I doubt in the circumstance you describe that these people will find a judge who would enforce those requirements.

Before you go through this again, educate yourself about the laws governing rental of property, or consult a lawyer who can lay it out for you. I don't have the address or phone number, but I believe there is a Minnesota Landlord's Association of some kind that could provide you with some reading material.

Good luck.

Disclaimer:

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 12/10/00, 9:42 pm


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