Q: My son went to look at an apartment. He liked the place, went back over to sign the papers, paid the landlord upfront for the first month's rent and moved his things in. When we went to meet his landlord to get the keys, she dropped a bombshell. As she was giving him the keys, she told us, "Oh, I forgot to tell you — we kind of have a cockroach problem, but we're getting an exterminator next week." We got mad, and asked her why wouldn't you tell him this before he signed the lease? He would never have signed it. Is there any way to break that lease?

A: Minnesota law requires that landlords keep their rental units fit for the use intended, in reasonable repair and in compliance with state and local health and safety laws. When an apartment has a cockroach infestation, that is a violation of the housing code and health code. Landlords are responsible for eliminating the cockroaches, unless the problem was caused by the tenant's actions. In this case, your landlord said the cockroaches existed before the tenant moved in, so obviously your landlord incurs the cost for pest removal.

There are several legal justifications to terminate a lease early including joining the armed forces or being transferred by the military after you sign your lease, disability, domestic abuse, judge's order or constructive eviction. A constructive eviction is when the apartment is destroyed or becomes uninhabitable or unfit to live in through no fault of the tenant, such as a fire or the place gets condemned by the city. Whether a place is considered to be unlivable is subjective. One issue the courts look at is if the tenant remained living there for several months with the problem. If they did, then the place may be ruled habitable. Constructive eviction is usually brought up as a defense when the landlord sues the tenant for not paying rent, even though the tenant has moved out due to the unit being unlivable. I'm not sure if cockroaches would amount to a unit being unlivable, especially if your son's landlord is addressing the problem by hiring an exterminator.

However, a tenant with a condition that affects habitability can pursue a rent escrow action or a tenant remedies action. Both require that the tenant provide the landlord with a written notice of the problem and allow the landlord 14 days to address the issues, or until after the time period set forth in an inspection report. A rent escrow action may be filed after that period if the problem is not addressed to the satisfaction of the tenant. Under these actions, the tenant places any rent due at that time with the court, until the court feels the landlord has resolved all issues.

In this case, your son's landlord misrepresented the apartment and withheld important information about the unit before your son signed the lease. Things are complicated by the current limitations on court appearances and hearings. I am not sure whether your county is even accepting housing court filings, although there may be some exceptions.

Your son should immediately contact the landlord in writing, notifying her of the cockroach problem, setting forth her failure to inform your son of the issue, and telling her that he wants to terminate his lease and have his first month's rent refunded, along with any security deposit he might have paid. If the landlord refuses, he should at least request that the cockroach problem be addressed and that he be reimbursed for living somewhere else until the problem is resolved. If the landlord won't return his rent money and says she'll hold him responsible for the lease, he should file a claim in housing court after the 14-day time period has expired. If your son's landlord does agree to return his first month's rent and terminate the lease early, make sure to get that agreement in writing, handwritten or typed, and signed by both the landlord and your son.

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.