Q: My downstairs neighbor has air fresheners by both of her windows, and the chemicals waft up into my apartment. I am chemically sensitive, and her air fresheners are adversely affecting my health.

I have brought this to the attention of the office manager, who asked my neighbor to move her air fresheners, but my neighbor declined. The manager says there's nothing more that can be done about it. However, it seems to me that one of the few things that we are promised as renters is that we will be provided a safe living environment, and I do not believe this is happening for me. Is it a lease violation to install automatic air fresheners by the windows in an apartment?

A: Every landlord promises to their tenants in the Covenants of Habitability that their apartment will be fit for its intended use. To be able to breathe fresh or unscented air in your apartment would definitely be considered an intended use. However, your neighbor is promised the same covenants as you, and she chooses to breathe air scented from air fresheners. Your manager did the right thing by approaching your neighbor and trying to work out a solution. It is not a lease violation to install air fresheners by your windows in an apartment unless your lease terms prohibit it.

You should talk to your neighbor directly and tell her that the smell from her air fresheners is making you sick because you are sensitive to chemicals. Request that she move the placement of her air fresheners so that you feel better.

If your neighbor refuses to move her air fresheners, and the smell continues to bother you, then you should write your manager a letter requesting that the problem be corrected within 14 days. If the smell remains after 14 days, then you should file a rent escrow action in the county where you live. Rent escrow actions are not just for repair issues, and may be used for neighbor violations. You will need to bring proof to court in order to win, which could consist of testimony from people visiting your apartment.

Another option is to contact your neighbors to see if they also are bothered by the smell. If so, then all of you should go to the manager; if the smell is affecting several people in the building, the manager will have a stronger incentive to work out a solution that satisfies all the tenants.

Still waiting for CRP form

Q: I started renting my first home in June 2015 and was wondering if my landlord needs to provide me with a Certificate of Rent Paid (CRP) form so that I can get a tax refund this year.

A: Except in rare circumstances, such as for tax-exempt properties, a landlord is required to provide a CRP form to every tenant by Jan. 31, 2016, even if the tenant only rented for part of the previous calendar year. However, if you are married, then your landlord needs to provide only one CRP form to cover you and your spouse.

You should contact your landlord and request a CRP form if you have not yet received one. If necessary, remind your landlord that the renters' credit does not take money away from the landlord, but instead provides a tax refund to tenants so they have more money to cover their rent.

If your landlord refuses to give you a CRP form, you may request a Rent Paid Affidavit (RPA) from the Minnesota Department of Revenue. To request an RPA, call the Minnesota Department of Revenue at 651-296-3781 or toll-free at 1-800-652-9094. Or you may reach the Department through its website: revenue.state.mn.us/. You will need to provide information about yourself and your landlord when requesting an RPA.

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.