Q I live in an apartment in Minneapolis, which I love except for my noisy neighbors. I have complained to my landlord about the noise, but he tells me they have every right to make some noise. I am tired of hearing their music late at night. Lately, they have been arguing until the early hours of the morning. I'm losing sleep and having trouble functioning at work. What are my rights?
A First, contact your neighbors and try to resolve the problem in a peaceful manner. If that doesn't work, and your landlord won't assist you in getting them to quiet down, you have several options:
• Request an early termination of your lease from your landlord. If your landlord agrees to terminate your lease early, get the agreement in writing.
• File a nuisance suit against your noisy neighbors, but you would have to prove monetary damages. You might also be able to get an injunction to stop the noise. Both will cost you filing fees and possibly attorney fees.
• File a rent escrow action in the county where you live if you want to avoid attorney fees and represent yourself under Minnesota statute 504B.385. The paperwork is at the county office, and you could get help there to complete it.
In a rent escrow action, you must first send your landlord a written letter stating the problem and requesting that he fix it within 14 days. Make sure you sign and date the letter, and keep two copies -- one to attach to your rent escrow action if you end up having to file it and one for your records.
If the noise problem isn't fixed in 14 days, then you complete the paperwork, attach your letter to the landlord and file it with the court along with the filing fee. You will be required to place your rent money with the county when it becomes due, so don't forget you still have to pay rent.
If you prevail in your rent escrow action, the court might lower your rent payments, require the landlord to eliminate the noise problem or allow you to terminate your lease early if you request it.
