Tim is teaching a FREE seminar on the changes to landlord tenant laws for 2024 that every landlord should be aware of. The seminar will be held by way of video at 9 AM on Friday, January 26, 2024. Advanced registration is required for this seminar. Here is the link to register:

us02web.zoom.us/meeting/register/tZYsdO6sqD8uHtL9iFmLyLEewps5FKHwt1hk

The legislature give tenants a lot of new rights and impose a lot of new obligations on landlords. You will not want to miss this seminar. Sign up now.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.​

The laws affecting landlords have been changed drastically in Minnesota. Most of the new laws are effective on January 1, 2024. I am sure that a question that is in the front of the mind of many landlords is whether a landlord should have a new lease. The short answer is that you should probably have a legal professional review your existing lease to see if it meets the requirements of the new laws, and advise you on how to make it comply if it does not. If your existing lease is really old and has been not been updated in a long time, you might want to consider having a legal professional draft a new lease for you.

Tenants have a laundry list of new rights, and landlords have a laundry list of new obligations, which I have discussed in a different  blog post:

https://balandlaw.com/blog/summary-of-new-landlord-tenant-laws-in-minnesota

I am also teaching a seminar on these changes at noon on September 8, 2023: ​​https://balandlaw.com/blog/tim-teaches-free-seminar-on-new-laws-impacting-landlords-and-tenants-in-minnesota

The question is what changes do landlords need to make to their existing leases to make them comply with the new law. What follows is a summary of the requirements for leases starting on January 1, 2024:.  More specifically, does the lease:

• contain a specific provision prohibiting the landlord from requiring pet declawing or devocalization;
• list all non-optional fees on the first page
• notify the tenant of the right to request a move in and move out inspection, the right to waive that right, and the timelines for requesting or waiving
• require the landlord to provide 24 hours advance notice of intent to enter for a non-emergency reasonable business purpose, provide that the landlord can only enter between the hours of 8 AM and 8 PM, and state that the landlord must provide an approximate window of time for entry
• provide that the rental premises will be kept at a minimum temperature of 68°F from October 1 – April 30
• provide the timelines for renewing the lease and specify the method for renewing
• provide the criminal conduct that occurs off of the rental premises is not grounds for eviction unless (1.) the conduct would constitute a crime of violence against another tenant, the tenant’s guest, the landlord, or the landlord’s employees, regardless of whether a charge was propped or condition contained or (2.) the conduct results in a conviction of a crime of violence against a person unrelated to the premises.
• permit tenants to legally possess cannabis, but prohibit tenants from smoking or vaping the same
• provide the conditions under which a tenant or “authorize” representative can terminate the lease due to the infirmity of the tenant

Like I said, landlords have a laundry list of new obligations to comply with, and would be smart to have a legal professional review their existing lease and perhaps draft a new lease based on the new requirements. Tenants do not have any new obligations – only a lot of new rights. You guessed it, I wrote a blog post on having a legal professional review or rewrite an existing lease:

​https://balandlaw.com/blog/should-a-landlord-pay-an-attorney-to-draft-a-lease-or-review-a-lease-drafted-by-the-landlord

I will be happy to meet with a landlord to review an existing lease and advise whether that lease needs to be revised, or if the landlord needs a brand-new lease.  ​Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.




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What should landlords do now that Minnesota has legalized the recreational use of marijuana? Can landlords prohibit tenants from smoking or vaping cannabis?  The short answer is yes, landlords can' prohibit tenants from smoking or vaping marijuana on the rental premises, but cannot prohibit tenants from legally possessing or ingesting cannabis. The actual answer is much more complicated than this brief summary.

The key language that landlords need to pay attention to is this addition to Minn. Stat. 504B.171:

"A landlord cannot prohibit a tenant from legally possessing, and a tenant cannot waive the right to legally possess, any cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, or using any cannabinoid product or hemp-derived consumer product, other than consumption by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product."

Although the possession and recreational use of marijuana is now permitted by Minnesota state law, those actions remain a federal crime under federal law. Section 8, housing voucher, and other federally funded programs clearly fall under federal law – in violation of the federal law would be grounds for eviction. It could be argued that federal involvement in any rental premises – be it in the form of a mortgage, a government loan, receipt by the tenants of government assistance, etc. – brings the rental premises under the ambit of federal law.

What makes the new laws difficult for landlords is that landlords are stuck between a rock and a hard place, almost literally. On the one hand, landlords can be sued for not enforcing the lease under a theory of nuisance. In other words, let's say that tenant A is smoking marijuana in their unit and the smell disturbs tenant B.  Tenant B can sue the landlord for not enforcing the no smoking provision in the lease.

The choice for landlords is  not really much of a choice. Landlords can either bring evictions against tenants who are violating a no smoking policy that they will almost surely lose because they will not be able to meet their burden of proof in the absence of criminal charges brought by law enforcement, or risk being sued if another tenant is affected. In other words, landlords are being mandated to file evictions that they will lose.  This mandate is not funded. As far as I know, there are no funds that landlords can tap into to bring an eviction that they will lose.

If a tenant decides to violate a no smoking policy, and the landlord does not have proof of that violation, a smoking gun, or a smoking joint in this case – then the landlord is faced with an impossible choice.  Landlords can either bring evictions against tenants that are violating a no smoking policy that they will almost certainly lose, or risk being sued if another tenant is affected by the violation of the non-smoking policy. As far as I know, there are no funds available for landlords to bring evictions that the landlord will lose.

I would like to think that this does not happen very often, but I have heard anecdotally from many landlords otherwise, that they have a tenant who they know is smoking pot (I always ask, "how do you know? The reply is, "Because I can smell it.")  What the landlord has is a suspicion, but either one would not like to bring an eviction based solely on a landlord's smell.

The question arises of whether a tenant with medical authorization to use marijuana can request a reasonable accommodation, and whether the landlord will be liable for not granting that accommodation, much like the process for requesting a reasonable accommodation to a "no pets" policy based on the need for a companion animal.  This is an interesting question, but beyond the scope of this blog post.

Because of the new laws impacting landlords and tenants, I am recommending that all of my clients offer only month to month leases, so that a landlord can give notice to vacate and then evict based on that notice, which is much more solid of a ground for eviction then the wishy-washy smell.

​Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Tim is teaching a free seminar on new laws affecting landlords in Minnesota.  More specifically, we will talk about new requirements for leases, new requirements for evictions, and more obligations imposed on landlords.

The seminar will be held on Friday, September 8, 2023 at noon by way of video.  Space is limited, so advance registration is required. To register, please visit:

https://us02web.zoom.us/meeting/register/tZUtdu-pqj0uG9MCmX3tr2YD2kKI6b9JiKLp

​Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Thanks!

The Minnesota Legislature passed, and Gov. Walz signed, what have been heralded as "groundbreaking" changes in landlord-tenant law. I have prepared a comprehensive summary of the changes, and you can read that summary here:

Most of the newly enacted laws take effect on January 1, 2024. However, landlords of public housing units should take note of the change that is effective on August 1, 2023. All landlords – and attorneys who represent landlords, for that matter – should become very acquainted with the changes.

​Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Tim is teaching a free online class on bankruptcy this coming Friday, May 12, 2023 from 9 – 10 AM.  In this class, we will cover the different kinds of bankruptcy that are available to you depending on your situation. In addition, all attendees will receive a complimentary bankruptcy evaluation. In other words, you will find out if bankruptcy is right for you.

Space is limited, so advance registration is required. To register, please visit:

https://us02web.zoom.us/meeting/register/tZcvdO6vqzwuGtIeJIwflYBhnMez2xf-P8x7

Baland Law Office, P.L.L.C. represents consumer and small business debtors in both Chapter 7 and Chapter 13 bankruptcy proceedings. Please note that only individual debtors can file for Chapter 13 bankruptcy relief, but not businesses.  Please call (763) 290-0445 to schedule an appointment to discuss your situation today and find out whether declaring bankruptcy is the right option for you!

DISCLAIMER: Baland Law Office, P.L.L.C. is a debt-relief agency, and Timothy H. Baland, Esq. is a debt-relief agent.  We help people like you to obtain bankruptcy relief.

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Tim is licensed only in Minnesota, and only able to provide information relevant to debtors in Minnesota. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

Should a landlord use artificial intelligence to bring an eviction or end a lease? I'm not going to mention specific AI platforms by name, but there are a many free or low-cost artificial intelligence platforms available. Why shouldn't landlords use them? After all, artificial intelligence platforms are, for the most part, free, and much less expensive than hiring an attorney. The short answer is that these artificial intelligence platforms may provide you with general information, but do not replace a solution that is tailor-made for your situation.

Landlords (and tenants, for that matter) may be drawn to using artificial intelligence for advice about the landlord tenant relationship, how to end it, and when to bring an eviction. To test this, I recently did a search on "how to end a lease in Minnesota."  What I got back was a whole bunch of general information that would apply in just about any situation, and was not particularly helpful.

I think that artificial intelligence will replace attorneys anytime soon because, ultimately, a landlord or tenant is looking for information that applies to their particular situation, not generalized information that could apply to anybody. In fact, what the artificial intelligence platform came up with was probably not the best course of action, even in general.
 
Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

​Should a landlord bring an eviction if a tenant is behind in rent? The short answer is a definite maybe. I think that the question that the landlord has to ask is what the landlord rather have the money or have the tenant leave.  That is the question that I always ask.

If the landlord just wants to the tenant to leave, then the landlord will need to convince the tenant to leave voluntarily.  The landlord has many different options for convincing a tenant to leave voluntarily. I will be happy to discuss options for convincing the tenant to do so in the context of a paid consultation.

If the landlord just wants the money (keeping in mind that the landlord can always sue in conciliation court after the tenant leaves), then I would take a slightly different tact, and convince the tenant to voluntarily enter into a formal payment agreement to get caught up.  Again, I would be happy to discuss options for getting the tenant to pay up in the context of a paid consultation.

These days, I do everything that I can to keep landlords out of court because Minnesota is such a tenant friendly state. A landlord is probably better off reaching a settlement agreement with the tenant before filing an eviction action on the theory that the W know is better than the devil you don't. With a settlement agreement, the landlord knows what the landlord is getting into. By filing an eviction, the landlord is leaving the decision of whether the tenant has to leave up to the judge – and the landlord may not be happy with the judge's decision.

I usually encourage landlords to contact tenants directly first before I get involved, if only because there are literally tons of agencies out there that will provide free legal advice to tenants (where are the free attorneys for the landlords?).  Tenants tend to get really defensive when and if an attorney gets involved.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

I am frequently asked whether a landlord should bring an eviction now that the eviction moratorium is over. The short answer is that you want to get your tenants to leave voluntarily, if possible. The longer answer is that it depends on why you want to bring an eviction.

These days, Minnesota is a very tenant friendly place. Landlords are generally better off getting tenants to leave voluntarily as opposed to filing an eviction. However, I have had a number of cases where tenants have made unreasonable demands, where tenants have simply not paid attention, and where tenants have gone out of their way to frustrate landlords where we have had no choice but to file an eviction – because the only way to get the tenant to pay attention is have a process server hand them and eviction complaint.

Landlords can get tenants to leave voluntarily in a number of ways, which I am always happy to discuss with landlords in the context of a paid initial consultation. However, I would not change the locks or stop utilities as a method of getting tenants to leave. Please see the blog post that I wrote on the subject at this link:

tbalandlaw.com/blog/can-a-landlord-change-the-locks-or-otherwise-lock-a-tenant-out

I usually encourage landlords to contact tenants directly first before I get involved, if only because there are literally tons of agencies out there that will provide free legal advice to tenants (where are the free attorneys for the landlords?).  Tenants tend to get really defensive when and if an attorney gets involved.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-290-0445 to discuss their unique situation. I have represented many landlords in conciliation court, but  typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.

From now until June 30, 2022, Tim is offering as part of a pilot program a reduced attorney fee bankruptcy for debtors who meet the following criteria:

1. Qualify to file for Chapter 7 bankruptcy;
2. Income below 150% of the federal poverty guidelines;
3. Unable to pay filing fee in installments;
4. Complete online bankruptcy questionnaire;
5. Qualify to use federal exemptions;
6. Meet means test (without requiring secondary means test)
7. Do not own any real estate
8. Pay for all expenses associated with bankruptcy, including but not limited to filing fee, fee for credit reports, fee for credit counseling, etc.

For a nominal fee, Tim will determine if the debtor qualifies for a reduced attorney fee bankruptcy.

Baland Law Office, P.L.L.C. represents consumer and small business debtors in both Chapter 7 and Chapter 13 bankruptcy proceedings. Please note that only individual debtors can file for Chapter 13 bankruptcy relief, but not businesses.  Please call (763) 290-0445 to schedule an appointment to discuss your situation today and find out whether declaring bankruptcy is the right option for you!

DISCLAIMER: Baland Law Office, P.L.L.C. is a debt-relief agency, and Timothy H. Baland, Esq. is a debt-relief agent.  We help people like you to obtain bankruptcy relief.

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up an appointment to discuss your situation.



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