Legal Question in Landlord & Tenant Law in Minnesota

my daughter signed a one year apartment lease with her boyfriend in November of 2012. He threatened her last night and she felt for her safety. She left the apartment last night and is afraid of him. Do I have any way to get her off the lease so her name is no longer attached to his?

Asked on 1/22/13, 12:29 pm

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

She needs to get a Domestic Abuse restraining order banning him from the apt, or in the alternative present to LL . Otherwise, her liability on lease is likely joint and several.

Need to review lease to give final opinion.

I have been a LL over 30 years.

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Answered on 1/22/13, 12:50 pm

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. I am sorry to learn of your daughter being in danger. The situation you describe is not uncommon. For multiple reasons, I urge you (or your daughter directly) to seek an attorney privately to provide you with specific legal advice and counsel about the situation. I myself would discuss the matter in great detail. You express concerns for the safety of your daughter as well as the concern for removing your daughter from the lease obligation. With respect to the lease, yes, definitely there are things that can be done to try to resolve the matter immediately and I would discuss options with you. Certainly one wants her/his creditworthiness kept 'clean', unblemished. Having poor credit can affect one's ability to obtain certain jobs and to work in certain fields of employment. It can be in a landlord's interest to end a lease obligation immediately and sometimes attorney assistance in this matter is quite helpful. I myself would also discuss the concerns for the safety of your daughter at great length and provide very detailed legal advice. Certainly, do address those safety concerns very carefully, and immediately. If there is imminent fear for personal safety, '911' should always be phoned immediately. When choosing an attorney to help you, I recommend that you phone several attorneys initially, because it is critical that you feel a sense of great trust with the attorney. In a situation with safety concerns, as you described, you may want to choose an attorney who will be available to you every day of the week. Take care.

Tricia Dwyer Esq

Tricia Dwyer Esq & Associates PLLC

Phone 612-296-9666 every day of the year until 8 p.m.

Minnesota Law Firm

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Answered on 1/22/13, 12:53 pm

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