Legal Question in Real Estate Law in Minnesota
Short Notice
I rented on a month-to-month lease in the same apartment for 5 years.
On the 4th of December, we found a new place that was available right away. Knowing that I had to give a 30-day notice, I told my caretaker our situation, asking if there was any way we could get out earlier without any repercussions. He told me that he would discuss it with the owner and get back to me.
The next day, December 5, our caretaker told me that the owner was fine with us vacating early, as they were eager to renovate the place. He told me to put our notice in writing, stating that since we were giving short notice, we gave them permission to do what they wanted with the place on the 1st. I asked him several times if we would be responsible for rent for January. He assured me that I wouldn't.
They began renovating the place as soon as we moved out, tearing out the entire bathroom and kitchen. Now we got a notice saying that since they couldn't rent it out on the first of Jan (which they never intended to do) we owe them for the rent for the month.
I was told that we weren't. Now I don't know if our verbal agreement is enough. Where do I stand? Is there any way that I can refuse to pay?
1 Answer from Attorneys
Re: Short Notice
In general when there is a verbal agreement in which one party makes a promise which induces the other party to act in such a way that he or she has changed positions financially (which you have), the party making the promise is legally bound by it. In fact it might be fraud to try and take advantage of your changed circumstance.
How well this theory stands up in court depends on the details of your case, of which I only have a few. Based on what you have said so far, however, it sounds as if you may be in pretty good shape.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advise of an attorney of your choice concerning the details of your case.
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