Legal Question in Real Estate Law in Minnesota

Re: rental agreement

I assume the property is in Minnesota. I also understand that Nov. rent is already paid.

The lease needs to be reviewed concerning your rights to repossession and use of the deposited money. It also needs to be reviewed concerning notice of default. The lease may have a specific address stated for the tenant, if not, use the best address you have for them. After the Dec. rent payment becomes past due, send a letter certified mail return reciept requested informing of the default and that you are exercising your rights under the lease concerning re-occupation of the premises, retention of deposits and suit for additional damages. I suggest you have an attorney review the lease and help you with this letter.

Was the lease recorded? If so, additional steps will be needed to clear the lease from the title to the property.

Continue to make reasonable attempts to lease the house at reasonable terms (this is your duty to mitigate your damages).

You then need to decide whether it is worth suing the tenants for breach of contract. This involves both the amount of the judgment you're likely to recieve and the liklihood that you can collect on it.

If you have further questions, please e-mail me direct at [email protected]