Q: I live in Minneapolis and am trying to determine my rights as a tenant regarding the continued presence of mice in my apartment. I've reported it to a building inspector, but nothing was done. The mice have been an ongoing problem. Can you tell me the statute number that applies so I can show my landlord?
A: Minnesota Stat. 504B.161 requires landlords to keep the property in repair, fit for the intended use and in compliance with the health and safety laws of the state and local government. If there are rodents in your apartment, the landlord is not keeping the premises fit and in compliance with health and safety laws or local ordinances regarding mice. Here is a link to the state law: strib.mn/mnstatutes.
In Minneapolis, City Ordinance Numbers 229.10, 229.70 and 229.80 apply to your situation and require your landlord to eliminate the mice infestation. Here is a link to the local ordinances: strib.mn/pests.
You should write your landlord a letter giving him or her two weeks to remedy the mice problem. If the problem is not fixed to your satisfaction within two weeks, then you should consider filing a rent escrow action in Hennepin County housing court, where they will have the necessary paperwork. In order to file the rent escrow action, you will need a copy of the letter that you sent to your landlord, and you will have to post any outstanding rent with the court.
Tenants' privacy
Q: My current renter has furniture and possessions in various rooms of the house that I rent out. Is it OK for me to use pictures that may contain my renter's belongings when I advertise the house for rent on the internet?
A: There is no law stating landlords or property owners cannot use pictures of their tenants' furniture and personal belongings in rental advertisements. However, for safety and privacy reasons, you should not show any personal belongings that identify your current tenants, such as name plates, engravings or anything that could be easily recognized or associated with your tenants. If there are big-ticket items or expensive personal belongings lying around, I would eliminate them from your photos, since it could lead to theft.
In the future, you may want to state in your lease that you will be using photos of various rooms that may include your tenant's furniture and possessions, in order to advertise the house for rent. Most tenants will prefer to know that information upfront, and it will minimize complaints that tenants may have concerning their privacy.
Landlords and licensing
Q: I recently read your article about licensing for rental units. Is there a phone number I could call to see if my landlord in Minneapolis is licensed?
A: Call 612-673-3000 or 311 to find out whether your landlord has a rental license. Some cities in Minnesota do not require landlords to have one, but Minneapolis does, for single-family rental dwellings and rental units in owner-occupied duplexes, as well for rooming and shared-bath units (unless they are in a licensed lodging house). A rental license is required for any dwelling unit where the owner is not occupying the place, even if no rent is paid or if the unit is occupied by a relative. However, if your landlord occupies the rental place, but has roommates, no license is required as long as the landlord owns and occupies the property. Housing Maintenance and Zoning Codes do limit the number of roommates who can live there.
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, 650 3rd Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.