Q: My landlord will not come right away when a tenant calls, to repair things that are broken in the building. It takes two or three calls before anyone comes to fix the problem. The lock on our security door has been broken at least six times over the years. Yesterday, upon my return home, the lock once again was broken so that the security door does not shut. I called the landlord about the need to make the repair, and one day later it still has not been fixed.
The landlord also will not enforce the parking rule, the no-smoking rule, the noise rule and other rules written into the lease agreement. I talked to one of the other residents, who said he was being evicted for calling and asking for things to be repaired. Can the landlord evict him because he keeps calling and complaining about repairs that are not being made in a timely manner?
A: Every landlord has covenants of habitability that the state requires them to meet, which consist of keeping the property in compliance with safety and health codes, in reasonable repair and fit for the use intended. Minnesota law protects tenants from retaliation by their landlord for asserting their rights under the lease. The tenant must be able to prove they have asserted a right, such as their call or letter to fix the security door. The landlord may not respond to the tenant by evicting them, raising their rent or terminating their lease. If the landlord attempts to evict the tenant within 90 days of the tenant calling to have repairs made, then, under the law, it is assumed that the landlord is retaliating. The landlord then has to prove that the actions aren't retaliation, by showing an independent business reason for evicting the tenant. If the landlord waits 91 days or more to evict the tenant, then retaliation is not assumed, and the tenant has the burden of proof to show the landlord is retaliating because the tenant called for repairs to be made. Since retaliation is a defense to an eviction, if the tenant wins they can try to get the eviction removed from their record. However, if the landlord has an unrelated business reason for evicting the tenant, then it may be difficult to win.
Moving within the building
Q: I have been in my current apartment building for nine years, and currently live on the first floor. My landlord put me on the waiting list for a third-floor apartment, due to a lot of noise in the unit above me during all hours of the night. I was informed that a one-bedroom apartment is becoming available on the third floor in one month. I was told that the rent for that apartment was going to be $895 a month, and that I would have to fill out a new rental application, along with paying a new deposit. However, my current one-bedroom apartment is only $710 each month. The landlord's website states one-bedroom apartments run from $773 to $895 a month. Why would I need to fill out a new application and pay a new security deposit when I am just moving to a different apartment in the same building? Also, can my landlord charge me a rent increase of $185 just to move to the third floor?
A: Landlords have covenants of habitability that require them to keep the building in reasonable repair, compliant with safety and health codes, and fit for the use intended. Your apartment may no longer be fit for the use intended when you cannot sleep during the night due to your upstairs neighbor making noise all night long. Typically, when you make a noise complaint, the landlord speaks to the neighbor making the noise and it stops. However, if the noise doesn't stop, then your landlord needs to fix the problem. Some solutions are to soundproof units, insulate with thick rugs or carpet, have noise restrictions in the lease that doesn't allow for loud noise or parties after a certain hour, move tenants to different units, or not renew the lease of the noisy neighbor. There is no law that says that the landlord has to provide the new unit at the same price of your current unit, but most landlords offer the replacement unit at the same monthly rent for the duration of the lease. However, if your lease is about to terminate on your first-floor unit, then your landlord is able to raise your rent for either unit because your current lease terms are ending. A new application and new security deposit may be required for a different apartment if it's the landlord's policy (often background information can change over time, and their policy may be that they want to check this out before renting a new unit).
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.
