Real Estate

If you’re a tenant in Minnesota and believe your landlord has wrongfully withheld your security deposit, you have the right to take legal action to recover it. Here’s a step-by-step guide on how to file a claim against your landlord for the return of your security deposit: 1. Review Minnesota Security Deposit Laws Return Timeline:…

If your landlord in Minnesota has wrongfully withheld your security deposit, you have several avenues to reclaim it. Here’s a step-by-step guide to help you navigate the process: 1. Understand Minnesota Security Deposit Laws Before taking action, familiarize yourself with Minnesota’s laws regarding security deposits: Maximum Deposit Amount: Landlords can charge up to one and…

Does mold or asbestos relieve a tenant from paying rent to a landlord in Minnesota? Rental Property Must be ‘Habitable’ Under Minnesota Statutes, implied in every oral and written residential lease are three covenants or obligations of the landlord. See Minn. Stat. § 504B.161 (formerly § 504.18), subd. 1. Specifically, this statute provides that In…

August 2009 A surveyor colleague of mine came back from a continuing education class a while ago and said that the lawyer instructor wished out loud that the Torrens system would go away. The lawyer, like some surveyors, did not like dealing with the Torrens system. For many surveyors and lawyers, the Torrens registration system…

Among real estate agents and brokers, some types of referral fees, commissions, and fee sharing are permitted. However, other types of fee sharing are prohibited by Minnesota real estate statutes and regulations. Whether fee-splitting is a “legal commission” or “illegal kickback” depends on the context. Minnesota’s primary authority on sharing real estate agent and broker…

What is slander of title claim? Utterance of false and malicious statements disparaging the title to property in which one has an estate or interest, if the statements are untrue and cause damage, constitutes slander of title. What is required for a slander of title claim? That there was a false statement concerning the real…

Rent-to-own contracts (sometimes called lease-to-own) allow renters the option to purchase the rented property prior to the end of the lease. Minnesota has strict laws limiting fees with rent-to-own contracts. What is a Rent-to-Own Contract? Minnesota Statutes sections 325F.84, et. seq. applies to rental purchase agreements or “rent-to-own” agreements. It specifically applies to agreement[s] for…

In a municipality, the governing body may choose to issue a conditional use permit for certain types of developments. Minn. Stat. § 462.3595. Getting such a permit allows for a use to be specifically allowed in a zoning district as long as certain standards are met. A conditional use permit leads to land development in…

Sometimes after a purchase agreement is signed, one of the parties elects to cancel the agreement or is forced to cancel the agreement due to the breach of the other party. There a few ways in Minnesota to cancel a real estate purchase agreement: voluntary cancellation, statutory cancellation, and judicial cancellation. Voluntary Cancellation This is…

Common disputes between Minnesota real estate brokers and their agents include unauthorized practice of law, fraud, broker misconduct, negligence, misrepresentation or failure to disclose material information, breach of duty, payment of commission, escrow money dispute, consumer dissatisfaction, and failure to be licensed. The key statute relevant to real estate broker and agent disputes is Minnesota…

Minnesota attorney Aaron Hall speaks with Brian Call, president of Rubicon Mortgage Advisors, about Rubicon Mortgage Advisors and the mortgage industry as a whole.

This property classification, enacted in 2008, provides a reduced class rate of 0.65 percent to forested property that is subject to a current forest management (stewardship) plan and that meets other requirements. There is no minimum term of enrollment; property will receive the reduced class rate as long as it is enrolled and continues to…

Does a Judgment Lien Against a Homestead Exempt Property Take Priority Over a Later-Recorded Mortgage? A judgment becomes a lien against the judgment debtor’s real property at the time of docketing.[1] The fact that a judgment becomes a lien when docketed, however, does not mean it has priority over a later-recorded mortgage. The basic rule…

Yes. You can protect your home from the judgment of creditors. Minnesota Statutes Section 510.01 provides an exemption that protects a judgment debtors’ homestead from seizure or sale under legal process.[1] A homestead is defined as the “house owned and occupied by a debtor as the debtor’s dwelling place, together with the land upon which…

Can I Protect My Home From the Claims of Creditors? Yes, Minnesota Statutes Section 510.01 provides an exemption that protects a judgment debtors’ homestead from seizure or sale under legal process. Minn. Stat. § 510.01. A homestead is defined as the “house owned and occupied by a debtor as the debtor’s dwelling place, together with…

Upon execution of this lease, Tenant will deposit with Landlord the sum of Dollars ($ ), which is to be held as collateral security and applied on any rent or any other charge that may remain due and owing at the expiration of this agreement, any extension thereof or holding over period or applied on any damages to the premises caused by the Tenant…

Below is a sample real estate purchase and sale agreement. This template provides an example of a document that would be used in a purchase or sale of real estate. As with any legal document, you should not use this template without consulting with an attorney licensed in your area. Sample Template REAL ESTATE PURCHASE…

Tenant is taking the Premises and accepting the condition of the Premises “AS IS” and Landlord is under no obligation to make any structural or other alterations, decoration, additions or improvements. Tenant shall not make, and shall not commence, any improvement that has not been previously approved by the Landlord.

Once zoning ordinances are established by the local legislature, it is possible to appeal the zoning decision and to subsequently try to change the local zoning ordinance. Minnesota Statute § 462.357 subdivisions 3 through 6 addresses these processes. Local property owners that are affected by a zoning ordinance may raise an appeal. Changing a local ordinance…

When is a Permit Required? One of the first steps to any successful construction project is to obtain the necessary building permits. Building permits are regulated locally and will vary depending on the town or city your project is located in. Generally, you will need a building permit for any new construction, reconstruction, or structural…