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Who is considered a Landlord

On Behalf of | Mar 1, 2021 | Firm News

When some people think of landlords they think of tycoons, big shots who collect rent in limousines or German sports cars.

While some landlords may fit that definition, the majority of landlords do not. Thousands of landlords in Minnesota and other states own a handful of units, or less. They may have purchased a couple houses to rent out, maybe they own a duplex, live in one half and rent the other half out.

Many become landlords without even planning to, here is how it can happen. Parent of struggling adult child lets the adult child move in to help them get back on their feet. There is no written lease, not expectation that rent will be paid. Without knowing it, under Minnesota law the parent has become a landlord. This means that they cannot just ask the adult child to leave when they have overstayed their welcome, or are being disruptive. The parent has to go through a formal process of giving notice, and, if the adult child still does not vacate, filing for eviction. Even worse, with an eviction moratorium in place, unless you can fit into one of the narrow exceptions to the moratorium, you cannot give notice to vacate and evict at this time. Bottom line, if you let family, friends, or anyone else move into your house to do them a favor, you could be stuck with them for a very long time. If you are going to have anyone else except your immediate family living in your home get good legal advice, use a written lease, do not become the Accidental Landlord.

Ed

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