Q I've lived in the same apartment for the past three years. The first year there was flooding in my apartment, and management didn't do anything about it.
Then, we got new managers, and they addressed the flooding by putting up rain gutters. They also pulled up part of my carpet, removed baseboards and placed fans under the carpet. They were to come back and do other work, but they never showed up.
Now I find out that the building has been foreclosed and that the management company has been replaced by the previous company that did nothing to fix the damage. The sheriff sale is in June or July.
I have one year left on my lease, but I have found another place. I want to move out. It is unsafe in my apartment. I have only paid half the rent until the repairs are done. They have threatened me with eviction.
Can they charge me for rent if nobody is living in my apartment?
A I'm sorry to hear of your problems.
Under Minnesota Statute 504B.385, you can file a rent escrow action by giving written notice to your landlord describing the necessary repairs that need to be made in your apartment. Once you've documented the repairs, this letter or notice must be delivered personally or mailed to the person or place where rent is normally paid. If the repairs are not fixed within 14 days, you may deposit the amount of rent due to the landlord with the court administrator along with an affidavit detailing the violation.
The court in the county where you live has the necessary documents for you to complete to pursue a rent escrow action. In that action, you can ask that your lease be terminated early. The court then will decide whether your lease may be terminated.
It doesn't matter that your building is being foreclosed. Your lease carries over to the new owners, who are still owed rent. You can decide to withhold part of the rent because the necessary repairs weren't made, but you risk having an eviction action for non-payment filed against you. That will make it difficult for you to find a new place to live.
Your best bet is to follow the proper procedures to file a rent escrow action and request that the court terminate your lease early.
Your only other viable option is to have your landlord agree to an early termination of your lease. If your landlord agrees to it, make sure you get the agreement in writing.
In your situation, it might not be easy to find the individual with the actual authority to agree to a lease termination. So a rent escrow action might be your best bet.
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, or write to Kelly Klein c/o Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.
