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Cameron Royal Kelly

Cameron Kelly’s Answers

63 total

  • Is exspouse entitled to insurance discount i recieve from my employer when i cover myself and children under mywork policy

    i am supposed to provide insurance for the family and i do this through my employer . i get a employee discount on premium. is ex entitled to any discounts on my policy? i'm to povide insurance for self and children and she is to pay for half o...

    Cameron’s Answer

    If you don't get a satisfactory answer here, try posting in the family law/dissolution forum. This is a common divorce issue, and you should get an answer there.

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  • Do I need a tenants right attorney?

    My sister and I live in a 2 bdrm. apt. in a suburb of minneapolis, Mn. My vehicle was parked in the parking lot, while I stayed at a friends on the other side of town for a couple of days. A few days later my friend and I left (thurs.-Mon.)For the...

    Cameron’s Answer

    You ask two questions. The first is whether you need a tenant's rights attorney. The second is whether your landlord has the right to do what he did. As to the first question, oftentimes the better question is whether it is worth retaining an attorney to represent you. As a general rule, a litigant in the State of Minnesota pays their own legal fees. This means that, prior to retaining counsel, a person should weigh the potential cost of litigating against the potential gain. In addition, you need to consider the fact that in any litigation there is a degree of risk. In other words, you may expend money on an attorney and lose on the merits. In this case, I am assuming that the towing and storage fees may be relatively inexpensive in comparison to what you may expend on an attorney, and this should be carefully considered.

    Your second question is in large part dependent on the terms of your lease, and possibly the parking rules and regulations for your building. If well drafted, the lease or rules will reserve the right of the landlord to complete reasonable repairs and maintenance as necessary on the building, units, and parking lots. Even if the landlord has that right, you are entitled to proper notice prior to your property being removed. Its not entirely clear how the notice was posted, and whether it was conspicuous enough to constitute notice. I also do not know whether posting meets the notice standards in you lease. It is worth discussing these issues with an attorney if they are willing to do a free consultation with you.

    Even if you ultimately decide that it is not worth the cost of retaining an attorney, it may be worth your time to bring the matter to conciliation court for a quick resolution. For a relatively small filing fee (I believe it is currently $75), and a few hours of your time you can file a claim in conciliation court. Conciliation court is a relatively simple process, which can be navigated without an attorney in many cases. You may find that this is worth your time even if an attorney is not.

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  • Can your ex-land lord sue you for back rent, on an apartment you gave notice on, and vacated?

    My ex-landlord is now suing me for a month of rent, even though we gave our 30 day notice in writing, turned in our keys on the last day, and left the place spotless. We never received our damage deposit back in the 21 days time, or an explanation...

    Cameron’s Answer

    The answer to your question depends on a number of factors that you have not provided information on in your question. For example, is the lease oral, or written? Was it a month to month lease, or a lease for a period of time?

    The answers to these and other questions will have a big impact on your rights and the rights of your landlord. In general, there is not a magic rule that by providing 30 days notice you have a right to cancel the lease. The closest thing to an exception to that statement is where you have a month to month lease, and provide notice of termination prior to the first day of a given month, effective after the last date of that month. For example, if I wanted to terminate a month to month lease effective June 30, 2010, I would have had to have given notice by May 30, 2010. If I give notice on June 2 instead, the effective date of the termination would be July 31, 2010, not the end of June. You can see that, in this case, proper notice is greater than 30 days.

    If you have a written lease, the terms of the lease itself will most likely govern whether you are entitled to cancel, and the proper way of giving notice. If you do not cancel properly, or there is not a clause allowing you to cancel, your landlord likely has the right to sue you for damages.

    There is a Minnesota Statute that requires the prompt return of a damage deposit. Importantly, the landlord is required to return a damage deposit within 21 days, but only if the tenant has provided a forwarding address and delivery instructions. In lieu of returning the deposit, the landlord can provide a written explanation of the reason for witholding the deposit. The reasons for witholding include damage to the property, or unpaid rent. If 21 days have passed and you have not been paid, I would first make sure that the landlord has your forwarding information, and second speak with an attorney to see if your statutory rights have been violated. Penalties exist under the statute for failure to return the tenant's deposit.

    As for the landlord's entry into the property, as a tenant you do have an expectation of privacy. However, the landlord has a right to enter for a "legitimate business purpose". This phrase is broadly defined under the statute, and includes an entry after the tenant has vacated the premises. I am not sure under what circumstances the entry took place, but if the landlord can show a legitimate business purpose, and an attempt to give reasonable notice, it is likely that a court would not object to the entry. However, if the landlord does enter, he or she must leave a written explanation for the entry for the tenant, although it would be a technical violation of the statute to not leave the notice, I would question whether a penalty would be assessed if the property had been vacated.

    If the entry was not appropriate there is a small civil penalty available to a tenant. There is also a penalty that can be assessed for failure to return a damage deposit. Whether these remedies are worth pursuing would depend on a number of circumstances that I do not have information on. I would recommend that you speak with an attorney practicing in the area of landlord tenant issues.

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