Legal Question in Real Estate Law in Minnesota
Utility Shut Off and Material Non Compliance
I have a shut off notice from my
electric company. A copy of the
notice was sent to my landlord
mgmt company. The mgmt company
considers the shut off notice a
''material non compliance'' infraction
which may be used for eviction. My
question is how is there an
infraction of my lease if my
electricity has never been
disconnected? Does a late payment
to my electric company fall under
material non compliance if my rent
to my landlord has never been
late? I have never had a disconnect
ed utility. I'm wondering if this is
truly an infraction? 1) My lights are
on right now. 2) The electric
company receives their payments.
If the payment is late I pay the
penalty fee. 3) My rent is paid in full
on time every month. I would like to
dispute this but not sure where to
start. Thanks.
1 Answer from Attorneys
Re: Utility Shut Off and Material Non Compliance
The terms your landlord is using in considering this an "infraction" should be contained in the lease you signed with them. You would have to review your lease in order to provide me with more information.
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