Q: I have lived in my apartment for 13 years. I believe strongly that my unit is under surveillance by the male resident who lives in the unit above mine. I have reported my suspicions to management and to local law enforcement. They've informed me their hands are tied since I cannot prove it and the suspect hasn't admitted it.

I feel like a prisoner constantly on display in my own apartment. I have no sense of privacy whatsoever. I want an expert to sweep my unit for bugs, but the cost would be $1,500. Am I responsible for this expense, or is the apartment management responsible? What do you suggest I do?

A: I am sorry you do not feel safe or comfortable in your apartment. That is not a good feeling. In Minnesota, landlords have a duty to keep their rental units and all common areas fit for the use intended, in reasonable repair, reasonably energy efficient and in compliance with health and safety laws.

Since you reported your suspicions about your upstairs neighbor to your landlord and to the police, and the upstairs neighbor has been questioned yet they cannot prove that he is spying on you, you now have a couple of different options.

I typically never tell renters to give their notice and move out, because usually open communication with their landlord will resolve their issues. In this situation, however, if you are feeling threatened or fear for your safety, you could talk to your landlord and request an early termination of your lease.

Your safety is most important, and if you are correct, you could be in danger. You could also pay the cost to have your unit swept for any bugs, and if any are found you could contact the police again.

Then you could sue your upstairs neighbor for reimbursement of the $1,500 if any spying devices are found in your unit. The upstairs tenant would then very likely be evicted for violating their lease terms and most likely arrested for the crime.

If your apartment is free from any spying devices, then it was worth the $1,500 for you to now feel comfortable in your place. Your apartment management or landlord is not responsible for the cost of sweeping your apartment for hidden camera detectors or bugs without sufficient proof that they are responsible for them.

Your landlord is caught in the middle and cannot proceed against another tenant by terminating their lease when there is no affirmative evidence they are spying on you and thereby violating their lease terms. Talk to your landlord about terminating your lease.

If you are the subject of stalking and spying, then you need to take care of yourself so that you can live in a safe and comfortable environment.

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.