Q: I work for a local organization that helps people find housing. We recently experienced a situation where a client moved into a multi-unit rental house two weeks ago, and then discovered cockroaches were in her unit.

The landlord has a written provision in the lease that states pest removal is the responsibility of the tenant. Is this legal in MN?

Since she just moved into the property containing multiple rental units, if she is to attempt to resolve the pest issue, wouldn't the other tenants basically need to do the same to fully resolve the issue?

A: In Minnesota, landlords must abide by the covenants of habitability, which means the rental must be in reasonable repair, fit for the use intended, and in compliance with safety and health codes.

When landlords include provisions in their leases that make the tenants responsible for pests, such as cockroaches, these provisions by law are typically not enforceable since the state makes it the landlord's responsibility. However, there is an exception to the Minnesota law-making landlords responsible for pests, which is when the tenant brings in the pests intentionally, maliciously, or through irresponsible conduct.

For example, if the tenant moved furniture from their last rental that was infected, without taking steps to ensure that the furniture had been disinfected, that could be considered irresponsible conduct. It's difficult for a landlord to prove that this particular tenant caused the cockroach problem since it could be caused by another tenant in the rental home or by the previous tenant that occupied that unit.

You didn't mention which city your client lives in, but you should also check the city ordinances where the rental is located. If she is renting in Minneapolis, there is a city ordinance making owners of a dwelling with two or more units responsible for extermination of insects, rodents, vermin or other pests on the premises.

Since your client is new to the building, she may not know her neighboring tenants to inquire whether they have cockroaches. Your client should write to her landlord requesting the pest infestation be fixed within two weeks, and remember to sign and date the document and keep a copy for her records.

If the pest issue isn't remedied in 14 days, then your client could file a rent escrow action in the county where she lives. She would need to attach a copy of her letter, and any other evidence she has, to her action, along with placing any rent that is due at that time with the 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.