Renting and the Law: Need to sell condo daughter in prison 'trashed beyond belief'

Q: I purchased a condo several years ago and have a daughter who has lived there on and off for years without paying rent, utilities or the association fee. I've been paying all expenses associated with the condo. My daughter, who has sometimes lived in the condo, is now in jail with the possibility of an extended sentence. I need to sell the condo, but it has been absolutely trashed beyond belief. I spent some time and filled one dumpster with trash and plan on filling a couple more dumpsters. What are my obligations to my daughter as far as dealing with her personal belongings left in the condo?

A: Even though she is a family member and you let her live there without paying any rent, utilities or expenses associated with the property, you still need to treat her as a tenant.

Since you indicated she's lived there on and off, you should still follow the law and keep good records even though you may believe she is not returning to the condo. Minnesota law states you are able to take possession of the tenant's personal property and sell or dispose of it 28 days after you receive actual notice that the tenant, which is your daughter in this case, has abandoned the property, or 28 days after it reasonably appears that your tenant has left the property, whichever occurs last.

You didn't say how long she's been in prison and not living at the condo. However, the fact that she is in prison and probably not getting out for a while is most likely sufficient information to consider that she has terminated the rental relationship.

You also have a claim against the tenant for reasonable costs and expenses incurred in removing her personal property and in storing and caring for it. You may apply a reasonable amount of proceeds from the sale to the removal, care and storage costs and expenses or to restore your property to its original condition, excluding normal wear and tear. Then, any remaining proceeds of any sale must be paid to the tenant, which is your daughter in this situation, if she makes a written demand for it.

Before the sale, you must make reasonable efforts to notify your tenant at least 14 days before the sale, by personal service in writing or sending written notification of the sale by first class and certified mail. The notice should be delivered to the tenant's last known address or usual place of residence, if known by you, and by posting notice of the sale in a conspicuous place on the property at least two weeks before the sale. If notification by mail is used, the 14-day period starts on the day the notice is put in the mail.

If you're not sure how long your daughter is going to be in prison, you should contact her attorney or public defender to see if they can assist you with giving her notice in prison and having her agree to the sale or disposal of her personal property left in your condo. The advantage for her to sign off on selling her personal property is that you could direct the money to her if there is any left over. Prisoners do need some money while they're in jail.

Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.