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Old 06-18-2005, 11:39 AM
plad0005 plad0005 is offline
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Default Overlapping Leases

Alright, I'm a law student that just completed his first year, so I have a hunch, but I'm not there yet.

My girlfriend and her sister have been renting from this lady for the past two years. They signed a lease for 1 year, and agreed to a second but never signed a lease. They continued to pay rent as they had been through this past year. They gave their landlord notice that they wanted to be out mid-June, and they provided this around mid-May. They then suggested that she could then lease out the place early, mid-June to any new tenants. She rejected this. Presumably they assumed that they were on a one-year lease with this lady, so they were looking to work out a deal. The lady agrees to the move out date, but instructs them that she wants the whole month of June rent.

My girlfriend and her sister, not wanting to deal with it, pay the rent for the full month of JUne 2005 and will be free and clear of the lease on June 30.
Then, yesterday they went and took some of their things out of the apartment and ran into the landlord who had already begun to re-paint parts of the place (without providing them notice.) She then asked them when they'd have all their things out and the apartment cleaned because the new tenants would like to move in early. My girlfriend just about lost it and her sister informed the landlady in no uncertain terms that since they paid through June 30, they would be out June 30.

She can't have it both ways, and she rarely has provided them notice that she we entering the apartment even once when the sister was in the shower and got out in just a towel to see the landlady and a plumber standing in the living room.

THis is in MN. Any advice on action we could take right now, or anything we should prepare for?
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Old 06-18-2005, 08:54 PM
elklaw elklaw is offline
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Basically, tell the landlord that the premises is theirs until June 30th. I cannot see the terms of the lease about the times and circumstances under which the landlord can enter the property, but if the property is entered or altered, call the police to make a report of illegal entry. If there are further problems and they end up in court, they have their defense ready. I suggest consulting a local MN attorney, because practice and reality vary from locale to locale.
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