Q: We started renting a house in the middle of May this year. There are many repairs that need to be done, some of which could be deemed health hazards if left for too long. For example, there is chipping paint on all the painted window sills and the front porch. Also the basement is not finished, and the walls were filled in where the foundation was cracking, but they have yet to paint and seal the walls or floor, so it smells very musty and damp.

I have asked the rental company to fix these problems, and they agreed, but have yet to do anything about them. We have two children under the age of 3, and now our son is having health issues since we moved into the home. He has never had any health problems before so we suspect it may be something in the house, which was built in 1912.

Next door to us is another rental home where several young men often smoke cigarettes on their front porch, and the smoke comes into our home through the windows. The men also smoke marijuana, which we can smell when our windows are open. The two rental homes are not owned by the same company, though. I feel desperate. Is there any way for us to get out of our lease in order to move to a healthier home for our family?

A: In Minnesota, there are situations in which renters can terminate their lease early: if a tenant's disability makes the place unliveable, if all the tenants on a lease die, if the tenant is a victim of violence, or if the tenant joins the military or has to move while serving in the military. However, the most common way to terminate a lease early is when there is a clause in your lease allowing early termination by paying a couple of months' rent. You should review your lease to see if there is any language allowing for early termination by paying a fee, which is typically two months' rent or a set dollar amount. If there is no lease language allowing for early termination, you should still contact your rental company and discuss the situation, requesting to end your lease early.

If the rental company won't let you out of your lease, another option is to stay and have the repairs done. Every landlord is required to keep the property in reasonable repair, in compliance with health and safety codes; it appears your rental company may be failing to do so. You already told them about the repairs, but you need to put everything in writing, so you should write a letter to your rental company listing all the repairs that need to be done and letting them know that they have two weeks to fix them. If the repairs aren't fixed in 14 days, then you should file a rent-escrow action in the county where the home is located. You should take pictures of all the needed repairs, including the chipped paint and the musty basement, and attach these photos to your claim. Once the rental company receives your written letter giving them 14 days to make the repairs, they should understand that you may be filing a rent-escrow action placing your rent with the court, which gives them more incentive to make the necessary repairs or they won't be receiving your rent money.

If you do file a rent-escrow action, you can ask that the court hold the rent until the repairs are completed. In some cases, the landlord will agree to terminate the lease, or the court may order that the lease be terminated, but those situations are limited.

If the city where you live has a housing inspection department, you may want to call and ask to have the property inspected. The inspector can order the landlord to fix certain items, and that is also good evidence if you have to bring the landlord to court.

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. Information provided by readers is not confidential.