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Can a Lease Keep Your Partner From Evicting You if You Break Up

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  • 01-06-2016, 02:41 PM
    pkp413
    Can a Lease Keep Your Partner From Evicting You if You Break Up
    My question involves landlord-tenant law in the State of: Minnesota

    Hello,

    If have the following lease agreement signed and notarized (with my partner, who owns the property). I currently reside at this property with my partner/partner's son. My partner is the only one on the title. Its a 4BR/2BA home that we jointly moved into in August of last year.

    Wondering if this will stand up in the court if there are issues down the road? We have been having relationship conflicts and I have a feeling that I will be asked to leave. I don't have any place to go as I was counting on being in this house until Aug of this year.

    Thank you in advance for your advice and insights.

    Quote:

    Quoting Lease Agreement
    Property: --- MN

    Owner: ---
    Tenant: Me

    Rent: Tenant will be responsible for a rent of $xxx/month. Rent will be due before 15th of the month. Rent amount includes the utilities.

    Starting Date of Possession: September 1, 2015

    Ending Date of Possession: August 31, 2016

    Lease Termination: Lease may not be terminated before the ending date of possession

    Owner and the tenant agree to the following terms.

    1. Owner and the tenant will share the living space in the stated property.

    2. Both owner and tenant will have equal rights to the use of the stated property (including basement, garage etc.) Tenant’s right is not confined to accommodation in one room or area of the property. Both owner and the tenant may have long-term family members (kids, parents) visit and reside at the property.

    3. Owner may not rent or share the stated property with another tenant/room-mate during the duration of this lease agreement.

    4. Terms of this lease agreement may not be changed while lease agreement is in effect.

    Signatures:

    Owner

    Tenant

    Notary Official

  • 01-06-2016, 03:02 PM
    Taxing Matters
    Re: Enforceability of a Notarized Lease Document in Mn
    Presumably if you do not breach the lease he cannot evict you unless you stay over after the end of the lease term. If you are not paying the rent on time then you have a problem.
  • 01-06-2016, 03:13 PM
    pkp413
    Re: Enforceability of a Notarized Lease Document in Mn
    I was late in paying rent last month (it was paid), can that result in eviction? There is no recourse?
  • 01-07-2016, 07:25 AM
    Catmad
    Re: Enforceability of a Notarized Lease Document in Mn
    "If have the following lease agreement signed and notarized"
    Is that "I have", or "If I have"? Is the contract in place?

    Has Partner begun eviction? Has Partner indicated that you will be evicted, and on what breach the eviction will be based? It doesn't sound that way, but could you clarify?

    At this point, pay your rent on time, get receipts and keep impeccable records. Keep your head down, and and avoid conflict. I would be preparing to leave, in case it gets too uncomfortable, or eviction proceedings commence.
  • 01-08-2016, 04:08 PM
    pkp413
    Re: Enforceability of a Notarized Lease Document in Mn
    The contract has been in place since Sep 2015. Conflicts started in Nov and escalated to point of breaking up in Dec.

    I have paid the rent and have the receipts. I don't think eviction proceedings can commence without sufficient grounds for it, which I don't believe exist at this time. I don't want to be bullied out of the house for which I am legally entitled to reside in.
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