Legal Question in Real Estate Law in Minnesota
rental licensing
My husband own a property in Champlin, Minnesota. He allowed a woman who was desperate to have a home to move in before he could get the rental license for the property and he totally forgot about it. Needless to say they signed a rental agreement against my better judgement. Any way, she has not paid rent in three months and finally after trying to contact her we took her to court and got judgement in our favor. She was to move out on the 23rd of January but kept pleading for arrangements that she did not live up to. Finally we are having to have the law move here out of the property. Suddenly she is saying that because there was no rental license she doesn't have to move. My husband let her stay in good faith and with the agreement she should pay. We do not have a rental license for the property so what should we do? And what are the legal implications?
2 Answers from Attorneys
Re: rental licensing
Whether or not you have a rental license does not affect her legal right to remain on the property. When you say you got a judgment, I assume it included an order for her to vacate the property by a set date and ordering the Sheriff's Dept. to do it if she had not complied. If that order is still enforceable by the sheriff's dept., you should be able to have them evict her after following their proceedure (typically posting a bond and a few other things).
From what you tell me, it is important to get her out also to reduce any liability you have to the city for not having a rental license. Have you taken this up with the city?
The language of the lease, further details of events, and the exact language of the judgment you got could alter things significantly. This is sufficiently complicated that you should retain a lawyer who can become completely familiar with the facts and give you more specific advice.
I am certified by the Minnesota State Bar Association as a real property specialist and would be happy to respond further if you e-mail any questions to me.
Re: rental licensing
When you say, "We took her to court and got judgment in our favor," do you mean a monetary judgment in Hennepin County conciliation court or an eviction order in Hennepin County Housing Court? The response to your inquiry will differ depending on your answer. If you only have a monetary judgment and are now attempting to evict the tenant through Housing Court, then the tenant may be asserting your lack of a rental license as a defense in the eviction action.
If you already have an order for eviction, then the issue is likely moot. Your Order for Eviction likely authorizes you to obtain a Writ of Recovery on a date certain.
Please contact me with any further questions. I highly recommend that you seek the advice of an attorney if you are in the middle of an eviction action and the tenant has raised a defense. The Housing Court referee will likely set the matter on for trial in that scenario.
Joel Hilgendorf
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