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Education for Justice |
FACT SHEET H-23 |
Fall 2011 |
VICTIMS OF DOMESTIC VIOLENCE:
YOUR RIGHTS IN BREAKING YOUR LEASE
If you are a victim of domestic
violence, Minnesota law lets you break your lease to get away from the abuse in
some situations. It starts with a
written notice to your landlord BUT, each
step must be done right and in order for it to be legal.
WRITTEN NOTICE
You have to give written notice to
the landlord. The notice has to say that
you are in imminent fear of domestic abuse from someone. The abuser has to be named in an Order for Protection
or a No Contact order. Also:
·
The notice must state that you need to end your
lease
·
The notice must state the date you will move out
·
The notice must be delivered before that move out
date by mail, fax, or in person
·
You must put a copy of your Order for Protection
or No Contact Order in with the notice
·
You must pay the current month’s rent plus
an additional month’s rent. This money must be paid on or before the date that
said you need your lease to end.
KEEP A COPY OF THE NOTICE!
If you do all of these things,
then the lease is ended. You are no
longer responsible for rent for the time left on the lease. BUT,
if you do not do these things exactly how the law says, you might still be held
responsible for the rest of the lease.
NOTE: ONLY a victim of abuse and the victim’s children can break the
lease with this law. Any other tenants
or roommates are still covered by the lease and cannot break it this way.
WHAT HAPPENS TO MY DAMAGE DEPOSIT?
·
If there are no other tenants, and you put an address in your notice where you wanted your security
deposit money sent, then you should get your damage deposit back 21 days after:
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the first day of the
month following the date you did move out OR
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the date that you said
you were moving in your notice
whichever date is
later.
For example: You give written Notice to tell
the landlord that you are moving out June 1st. You actually move out May 31st. You should get your damage deposit back or a letter
saying what the damage deposit was used for by July 21st.
Your
landlord has to return your deposit OR give you a letter saying why you are not
getting the full amount back. If you are
not getting money back, the letter also needs to say what rent or damages the
landlord used the deposit on. If you
disagree with the landlord’s reasons you can use
·
If there are tenants still living in the
apartment, you will get your damage deposit back when the lease is up for the
remaining tenants.
For example: You give written Notice that
says you will move out June 1st. You live in the unit with your abuser. You actually move out on May 31st. The lease does not end until December 31st
and the abuser moves at the end of the lease.
You should get the damage deposit, or a letter stating what the damage
deposit was used for, January 21st.
That is 21 days after the lease ended.
PRIVACY
The landlord must not give the information that you give him
to anyone else unless he needs to
give the information to court to evict someone or collect damages for the
apartment. Otherwise he needs your permission.
IF YOU ARE IN SUBSIDIZED HOUSING
If you live in Public Housing, Subsidized Housing or have a
Section 8 voucher there are federal laws that protect the rights of victims of
domestic violence. You may have more
protections than the
To find other Legal
Aid Society materials, including the fact sheets mentioned in this
document, go to www.lawhelpmn.org/LASMfactsheets.
|
MN Legal
Services Coalition |
Don’t use this fact sheet if it is more than 1 year
old. Write us
for updates, a fact sheet list, or alternate formats. Fact Sheets
aren’t a complete answer to a legal problem. See a lawyer for advice. |
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© 2011 Mid-Minnesota
Legal Assistance. This document may be
reproduced and used for non-commercial personal and educational purposes
only. All other rights reserved. This notice must remain on all
copies. Reproduction, distribution,
and use for commercial purposes are strictly prohibited. |
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NOTICE TO END LEASE DUE TO DOMESTIC VIOLENCE
Date:
Dear Landlord:
I understand
that
My lease will end on ____________________________________.
(Date)
I will move out of my apartment on
_______________________________.
(Date- this may be the same
date as the end of your
lease or it may be
sooner)
I am attaching a copy of the
(check one) □ Order for Protection
□ No Contact
Order
Send my security deposit to this address:
(NOTE: address does not have to be where you live,
just where you can get mail)
__________________________________________________________________
__________________________________
__________________________________________________________________
I will give you $
(equal to one month’s rent) on ____________________ which is
(Date)
the day
listed above when my lease will end.
I request that you do
not give this address or information to anyone, especially not my abuser.
Signed:____________________________________________________
[KEEP A COPY OF THIS
LETTER FOR YOUR RECORDS]