Security Deposit, fight or forget?

[mjmpheonix]

What is the name of your state? MN

I was renting a room in a house from a woman for two months. The amount was $600 a month, my girlfriend and I stayed in one room and were allowed access to all of the house. I had previously thought I was going to stay for three months and she was aware of this, we did not sign anything saying how long I was going to stay but the idea was three months, but after continuous breaches in privacy (going into the room while we were not present, walking into the room while we were sleeping, going through our trash and recycling on a regular basis, etc.) we had had enough and gave one weeks notice of our intent to leave (this was one week before the end of the last month I had paid for). She informed me that the lease I signed said I had to give one month notice before leaving or she keeps my security deposit ($300). I said I did not sign one and after looking through all her legal papers, she could not find a lease that I had signed (because I didn't sign one). She then informed me that she MUST have verbally informed me of this one month notice and that I must have stolen the lease (she keeps all her renting papers, leases, etc. in an unlocked drawer in the kitchen, and I DID NOT steal it). She says that she also informed me of the one month notice in the add that I responded to. I believed I was renting on a monthly basis, as I was only going to be staying for the possibility of three months.

My questions are thus: is it MN law that I had to give one month notice? Does it matter that she may have informed me verbally of the notice (I do not remember this verbal agreement)? She continously brings up things that do not matter (i.e. our cat peed/pooped in house, I broke a plate, the electrical bill was high, we never cleaned the room while we were there, I had too much alcohol in the room), do any of these matter or will the judge just ask where the lease is and then give me my money? Should I try to sue her for each breach in privacy (as I understand it's something like $100/breach) or do the previous mentions of privacy issues not count because, as she claims, "I own the house and thus can go anywhere I please"? Thanks for any help you can give me.

p.s. She is diagnosed as having the following disorders: bipolar, paranoied-schizophrenic, and ADD; she is always horribly confused, losses her train of thought, reads into others actions as much more than they are, and aggressive. My girlfriend and I were model tenants and she never had a thing against us until I told her we were leaving, now you would think we were constantly at eachother's throats from what she says. Will the judge listen to her rants about dishes, poop, and liquor or will it be cut and dry "where is the signed lease?"What is the name of your state?What is the name of your state?

[moburkes]

duplicate post

[BoredAtty]

Originally Posted by mjmpheonix

My questions are thus: is it MN law that I had to give one month notice? Does it matter that she may have informed me verbally of the notice (I do not remember this verbal agreement)?

Here's relevant MN law:

504B.001 DEFINITIONS.
Subd. 13. Tenancy at will. "Tenancy at will" means a tenancy in which the tenant holds
possession by permission of the landlord but without a fixed ending date.

504B.135 TERMINATING TENANCY AT WILL.
(a) A tenancy at will may be terminated by either party by giving notice in writing. The
time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.

You have a tenancy at will. Since you were paying monthly, then you need to give at least one month's notice.

She continously brings up things that do not matter (i.e. our cat peed/pooped in house, I broke a plate, the electrical bill was high, we never cleaned the room while we were there, I had too much alcohol in the room), do any of these matter or will the judge just ask where the lease is and then give me my money?

504B.178 INTEREST ON SECURITY DEPOSITS; WITHHOLDING SECURITY
DEPOSITS; DAMAGES; LIMIT ON WITHHOLDING LAST MONTH'S RENT.
The landlord may withhold from the deposit only amounts
reasonably necessary:
(1) to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement;

Because you didn't provide adequate notice, she can probably keep the deposit for partial payment of your last month's rent.

Should I try to sue her for each breach in privacy (as I understand it's something like $100/breach) or do the previous mentions of privacy issues not count because, as she claims, "I own the house and thus can go anywhere I please"?

504B.211 RESIDENTIAL TENANT'S RIGHT TO PRIVACY.
Subd. 5. Entry without residential tenant's presence. If the landlord enters when the
residential tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing a written disclosure of the entry in a conspicuous place in the premises.

Subd. 6. Penalty. If a landlord substantially violates subdivision 2, the residential tenant is entitled to a penalty which may include a rent reduction up to full rescission of the lease, recovery of any damage deposit less any amount retained under section 504B.178, and up to a $100 civil penalty for each violation. If a landlord violates subdivision 5, the residential tenant is entitled to up to a $100 civil penalty for each violation. A residential tenant shall follow the procedures in sections 504B.381, 504B.385, and 504B.395 to 504B.471 to enforce the provisions of this section.

She definitely cannot go wherever she wants if you had your own room. The above law does allow for damages. Look to sections 504B.381, 504B.385, and 504B.395 to 504B.471 to enforce the law.

[mjmpheonix]

Thank you for the speed and accuracy used to answer my questions, I really appreciate it. I do have one other question: while doing my own research on tenant issues such as this, I found a section of law describing tenants who move out quickly due to having the feeling of being 'forced out', almost like an eviction that wasn't blatent, the landlord just provided conditions so bad that the tenant felt like they were evicted. I know that this is, supposedly, a risky attempt to prove in court because it may backfire and the tenant ends up paying for court, etc. Is this another avenue that I could attempt or shall I just stay with the privacy issue previously mentioned, most cases tried in this fashion had extremely bad living conditions such as plumbing that didn't work or bad insulation etc, but living in this home was more of a constant battle to avoid my landlady due to her paranoia about everything.

Also: is going through trash/recycling considered a violation of privacy? She claims she was just looking for recyclables that I was throwing away, but on the night I moved out she admitted to searching everyone of my bags of garbage to "find recyclables".

[BoredAtty]

Originally Posted by mjmpheonix

Thank you for the speed and accuracy used to answer my questions, I really appreciate it. I do have one other question: while doing my own research on tenant issues such as this, I found a section of law describing tenants who move out quickly due to having the feeling of being 'forced out', almost like an eviction that wasn't blatent, the landlord just provided conditions so bad that the tenant felt like they were evicted. I know that this is, supposedly, a risky attempt to prove in court because it may backfire and the tenant ends up paying for court, etc. Is this another avenue that I could attempt or shall I just stay with the privacy issue previously mentioned, most cases tried in this fashion had extremely bad living conditions such as plumbing that didn't work or bad insulation etc, but living in this home was more of a constant battle to avoid my landlady due to her paranoia about everything.

You're talking about "constructive eviction." Generally, the living conditions must be so bad, the landlord breached the warranty of habitability. I doubt a few occasions of snooping would rise to that level.

Also: is going through trash/recycling considered a violation of privacy? She claims she was just looking for recyclables that I was throwing away, but on the night I moved out she admitted to searching everyone of my bags of garbage to "find recyclables".

Trash is generally viewed as fair game. Once you throw it out, you have no expectation of privacy with regard to it (of course, I'm assuming the trash was not kept in your private quarters).

[mjmpheonix]

Well I guess that does it for trying to get my security deposit back, it seems there are no other alternatives for sueing for the $300. I am still interested in the legal ramifications of privacy issues. What falls under the category of disturbing someone's privacy in MN?

I ask because in the two months I lived at this home, my landlord just walked into the room twice while I was asleep. I woke up to find her cleaning my room or just randomly messing around with my personal belongings. Would this fall into the category of not giving me privacy, i.e. refering to the law in which one can sue his/her landlord for $100 for every time the landlord disturbed privacy. She did not knock (to my knowledge) and did not ask permission to come into the room, I was still in my boxers and she stayed and cleaned up my room for an hour while I was trying to get rid of her, repeatedly saying that I could take care of my own room and that it wasn't necessary for her to be in here.

She also came into my room while I was not in the house, she unplugged my refrigerator, emptied my refrigerator, turned off a television and some fans, and then walked out of the room. She did not previously ask permission to do this, does this fall into the category of disturbing my privacy ?

[GulfBreeze]

doesnt matter that you were on a month to month lease. you have to still give a month's notice whether its a monthly lease or year or bi-yearly.....Written notice is required one month before you move or they can keep the deposit to be applied to the rent owed for that month.

[GulfBreeze]

Originally Posted by mjmpheonix

Well I guess that does it for trying to get my security deposit back, it seems there are no other alternatives for sueing for the $300. I am still interested in the legal ramifications of privacy issues. What falls under the category of disturbing someone's privacy in MN?

I ask because in the two months I lived at this home, my landlord just walked into the room twice while I was asleep. I woke up to find her cleaning my room or just randomly messing around with my personal belongings. Would this fall into the category of not giving me privacy, i.e. refering to the law in which one can sue his/her landlord for $100 for every time the landlord disturbed privacy. She did not knock (to my knowledge) and did not ask permission to come into the room, I was still in my boxers and she stayed and cleaned up my room for an hour while I was trying to get rid of her, repeatedly saying that I could take care of my own room and that it wasn't necessary for her to be in here.

She also came into my room while I was not in the house, she unplugged my refrigerator, emptied my refrigerator, turned off a television and some fans, and then walked out of the room. She did not previously ask permission to do this, does this fall into the category of disturbing my privacy ?

this is another matter. while you rent a place, even if she owns it, you are the legal resident and she can not enter unless she gives notice or its an emergency. otherwise, she is trespassing and could be arrested. you could also sue for any damages that she caused but her meddling inot your property and stuff. it sounds like the lights are on but none is home in her case....whacko......

[mjmpheonix]

504B.211 RESIDENTIAL TENANT'S RIGHT TO PRIVACY.
Subd. 5. Entry without residential tenant's presence. If the landlord enters when the
residential tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing a written disclosure of the entry in a conspicuous place in the premises.

Subd. 6. Penalty. If a landlord substantially violates subdivision 2, the residential tenant is entitled to a penalty which may include a rent reduction up to full rescission of the lease, recovery of any damage deposit less any amount retained under section 504B.178, and up to a $100 civil penalty for each violation. If a landlord violates subdivision 5, the residential tenant is entitled to up to a $100 civil penalty for each violation. A residential tenant shall follow the procedures in sections 504B.381, 504B.385, and 504B.395 to 504B.471 to enforce the provisions of this section.

So going from FulfBreeze's advice, it seems like the above sections of law are applicable... should I just contact a lawyer and explain the events that occured. Also: subd. 6 penalty: would that mean I would get my security deposit back AND a $100 cival penalty per violation or just the $100 violation? And as far as her violating my privacy, did I have to inform her that I didn't want her baring into my room unannounced or does the civil penalty occur whether I voiced my opinion or not?

BTW: thanks for responding GulfBreeze

[GulfBreeze]

No problem, bro.

Try and get her to admit that she entered several times without proper notifications or need (viloting your rights as a tenant) before you drop the bombshell that its a violation with a counterclaim or a suit of your own. If she is as crazy as you say, she will in front of a judge anyways (even if you tell her ahead of time that what she did was wrong) and then you just ask the court for remedies for these infractions.

good luck and would love to hear the outcome.

even though your rented from her, its considered your "castle" and she is lucky she wasn't shot (as would be proper in our state....lol) j/k

[xylene]

Originally Posted by GulfBreeze

she is lucky she wasn't shot (as would be proper in our state....lol)

That is pathetic. and incorrect.

[GulfBreeze]

Originally Posted by xylene

That is pathetic. and incorrect.

maybe you havent heard the new law in FL...you can shot someone on the spot if you feel threaten...inside your home or outside on your property.

if i was asleep and some entered my house, they had better be aware that my 9mm is fully loaded and i will feel threatened.

maybe i was alittle overboard but the simple fact is, would you want to be on the other end of the gun if you entered someone else's home not invited?

pathetic or not, bullets and humans dont mix.

should he know its his landlord entering? maybe...but not everyone wakes up with a cleared head and expects their landlord to be walking in without announcement.

take my advice on this lightly.....

[GulfBreeze]

Originally Posted by xylene

That is pathetic. and incorrect.

didnt you see the J/K...means just kidding...geez, some people dont have a sense of humor.....

even though your rented from her, its considered your "castle" and she is lucky she wasn't shot (as would be proper in our state....lol) j/k