Renting and the law: Law can provide relief, but don't rush to court

By Kelly Klein, Special to the Star Tribune

Last update: November 18, 2005 - 10:00 PM

Q I have had a leaky ceiling for almost eight months. Maintenance has tried several times to fix the problem, but every time it rains, I still get water leaking in my bedroom, and now the leak has spread to the living room.

I have contacted the manager, and she says there are no available apartments that fit our requirements for about two months, which will not work for me and my roommate. Is there any law that says they must do something to fix the problem? I have allergies and asthma, and I think there probably is mold in the ceiling that is causing me to cough and wheeze more. I guess I'm looking for some kind of restitution.

A Yes, Minnesota Statute 504B.161 requires a landlord to provide a habitable unit. If you want restitution, send a letter giving the landlord 14 days to correct the problem. If the leak isn't fixed in 14 days, you can bring a rent escrow action asking for a rent credit because of the problem. You can get the necessary forms at your county courthouse.

Because the landlord has offered you a replacement unit, you might want to talk to him about giving you a rent credit or some other restitution until you can move to a new unit.

If you argue in court that your apartment isn't habitable and your landlord says he offered you a different apartment but you turned it down, the court isn't going to be sympathetic to your issues. Reconsider the offer of the replacement apartment -- it sounds like your landlord is trying to respond to your complaints. You might want to consider meeting him halfway.

Q I have sold my house and will be buying another. In the past, I have always bought fixer-uppers and lived in them while I fixed them. This time I am going to rent a separate place so I don't have to live in a "war zone" at the new house during renovation.

I have been calling around for rentals and am amazed at how a potential renter is treated on the phone. I spoke with a woman who represented an upscale St. Louis Park townhouse community, and when I told her the unit would be only for myself she stated, "Oh, I'm sorry, this is a family environment, and we rent only to couples and families." Then she hung up on me.

Isn't it illegal to discriminate against potential renters on the basis of their marital status? I can't believe that in the year 2005 someone actually told me they can't rent to me if I am single.

A The Federal Fair Housing Act and the Minnesota Human Rights Act both prohibit discrimination on the basis of familial status. The Minnesota Human Rights Act also prohibits discrimination on the basis of marital status. It is illegal for a landlord to refuse to rent to someone solely because the person is single -- or married, for that matter.

The Minnesota Supreme Court has determined that a landlord with strongly held religious beliefs can refuse to rent to an unmarried couple, on the grounds that to do so would force the landlord to accept the couple's lifestyle. However, it sounds to me as though you are simply an unmarried person looking for an apartment on your own. That situation cannot violate someone's religious beliefs.

If you feel as though your rights were violated, contact an attorney.

Minneapolis attorney Kelly Klein practices in housing issues and consumer rights. Do not rely on advice in this column regarding a legal situation until you consult a qualified attorney; information provided by readers is not confidential; participation in this column does not create an attorney/client relationship, and no such relationship is created without a retainer agreement with Klein. If you have questions concerning renting, you can e-mail her at kklein@kleinpa.com, or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.