Q I live in an apartment in Burnsville. It seems as though things are falling apart. Our bathroom ceiling was cracking and pieces of it were falling because there's no ventilation and signs of mold. They "fixed" it by priming over it and painting it again.
I am afraid for my 10-month-old daughter's health. There are mice under the sink, but they won't patch the hole they come in through.
I'm scared to live there, too. Cars are broken into in the garage. I'm scared to walk in the dark because there's no camera. Cops are constantly in the building for domestic disputes. And my work clothes were recently stolen from the laundry room. Any advice how to get out of here?
A You didn't mention the date your lease ends, so I'm assuming there's quite a few months left on it. You have several options. You can contact your landlord and request early termination of your lease in return for a couple months' rent. You can also send your landlord a letter requesting the problems be fixed within 14 days.
Under Minnesota Statute 504B.385, if the problems aren't fixed within 14 days of sending your landlord written notice, you can then file a rent escrow action in the county where you live. They have forms for the county you live in, and the clerks can help you complete the forms. If you file a rent escrow action, please make sure to bring a copy of your written notice and any other documents that support your claim to the county office.
Q I recently ended a lease for an apartment in St. Paul -- my boyfriend and I had to be out of our place Sept. 1. We moved out and into a house on July 1 and continued paying rent because we put our 60-day notice in a little late.
We dropped off our keys and our new address to our landlord's place Aug. 23, and she said she would put our deposit in the mail. On Sept. 6 we still hadn't received our deposit, so I called and left her a message asking where it was. She called back a couple days later and in a message said she couldn't return our deposit because there were some large pieces of furniture by the dumpster that the trash collectors would not pick up.
The stuff is not ours, and she knows we've moved out months ago. I know she cannot prove it's ours, which it isn't, and our whole $700 deposit wouldn't be needed to have the trash picked up anyway. I also know she double-rented the apartment the last eight days of August and did not tell us. I am so frustrated and could use some advice on what actions to take.
A Sorry about your predicament. Your only real option is to bring an action against your landlord for any amounts you feel you are owed from the deposit. You should review Minnesota Statute 504B.178 prior to filing to see if you feel you are entitled to any additional penalties for bad faith.
You should bring a copy of that statute with you to the court hearing, along with anyone who can testify as to the condition of the unit when you left, as well as the fact that the furniture did not belong to you.
Kelly Klein is a Minneapolis attorney. Do not rely on advice in this column regarding a legal situation until you consult a qualified attorney; information provided by readers is not confidential; participation in this column does not create an attorney/client relationship, and no such relation- ship is created without a retainer agreement with Klein. If you have questions concerning renting, you can e-mail her at kklein@kleinpa.com, post your questions at www. startribune.com/kellyklein or write in care of Star Tribune, 425 Portland Av. S., Minneapolis, MN 55488.
Read past columns and study rental market data at startribune.com/rent.
COMMUNITY MEDIATION PROGRAMS
The Minnesota Association of Community Mediation Programs offer mediation services for a variety of disputes, including issues between tenants and between landlords and tenants. Services are offered at several offices in the metro area, and are low-cost or free. • Dispute Resolution Center in St. Paul 651-292-7791 • Mediation Services for Anoka County 763-422-8878 • Minneapolis Mediation Program 612-822-9883 • Community Mediation Services 763-561-0033 HOME LINE
Nonprofit organization provides free services throughout Minnesota except in Minneapolis. Services range from information and advice over the phone to legal representation in court. Home Line also helps tenants organize to deal collectively, especially in buildings threatened with conversion from subsidized to market rents. Home Line hot line: 612-728-5767. MINNESOTA TENANTS UNION
Provides information and assistance regarding tenants' rights and rental housing issues. Call 612-871-7485 or visit the office at 810 W. 31st St., Minneapolis, or go to www.minnesotatenantsunion.org. CONTACT US
Real estate editor/reporter: Jim Buchta, 612-673-7376, jbuchta@ startribune.com
Homes reporter: Lynn Underwood, 612-673-7619, lunderwood@startribune.com
Advertising: Jason Sanborn, 612-673-4950, jsanborn@ startribune.com
