MINNEAPOLIS — Editor's note: The video above first aired on KARE 11 on Aug. 31, 2023.
A Dinkytown landlord has responded to a lawsuit from students and their families, about a month after students learned their new apartments wouldn't be ready ahead of fall semester.
The Identity Dinkytown is a several-story, multi-use apartment in the heart of Dinkytown. It is mainly marketed toward University of Minnesota (U of M) students and thus had guaranteed a move-in date that was before the start of school.
According to a complaint filed on Aug. 18 by tenants and a response from CA Student Living Dinkytown II, LLC, the move-in date was set for Aug. 27. Some residents said they were required to pay rent on Aug. 1, a day before landlords informed them that the building was not, in fact, ready for move-in.
In court documents, CA Student Living Dinkytown confirmed that a first rent payment was due on Aug. 1, but claimed "none of the Plaintiffs paid rent on Aug. 1, 2023, nor have they ever made a rent payment."
A representative for the landlord told KARE 11 in August that students were presented with two options after being notified that move-in would be delayed: Provide their own accommodations and receive a $150 gift card per day until move-in, or Identity landlords would house students in nearby hotels and provide them an $80 gift card per day until move-in.
With the first option, tenants would receive rent abatement per day until move-in. With the second option, rent would need to be paid per the installment schedule according to the lease agreement.
In their suit, tenants asked the court for an order voiding their leases and guarantees, or terminating them along with a refund of all money paid to their landlord, regardless of whether or not the lease is described as nonrefundable. The three tenants and their guarantors also asked for an order requiring that their landlord cover attorney fees and other court costs.
In response, CA Student Living Dinkytown claimed the tenants failed to fulfill the requirements in their leases and called on the court to dismiss the case.
The landlord also said in its response to the lawsuit that the City of Minneapolis has approved a phased move-in plan for the apartment so a partial certificate of occupancy will be issued, allowing students to start moving in beginning in mid-September.
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