Landlord-Tenant

cassiejohnson//February 9, 2015//

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In these consolidated appeals involving a certified question, a notice of related appeal (A14-0027), and a separate appeal (A14-0123), the Court of Appeals considered whether Minn. Stat. sec. 504B.215 prohibits a landlord from billing tenants for fees in connection with a tenant’s utility bill; whether the statute imposes a requirement that those fees be equitable in comparison to the cost of the utility service itself; and whether the District Court erred in dismissing an unjust-enrichment claim against the utility administrator who billed tenants for the fees. The Court of Appeals concluded that Minn. Stat. sec. 504B.215 does not prohibit a landlord from billing tenants for fees charged in connection with tenants’ utility bills and does not impose a requirement that those fees be equitable in comparison to the costs of the utilities services apportioned among tenants. Affirmed; certified question answered in the negative.

A14-0027, A14-0123 Persigehl v. Ridgebrook Invs. Ltd. P’ship (Hennepin County)

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