Tenants Rights

[FISHMANPET]

So, my apartment is basically infested with bugs, and I'm pretty sure it's not just my unit but in fact the whole building, such that nothing I do and nothing the landlord does to just my unit is going to solve it. I suspect he knows this, but tenting an 80 unit building and finding housing for for those people while he fumigates everything is probably more than he wants to spend.

I know I can file a complaint with the city and they'll send an inspector, but that kind of seems like the nuclear option to me, and even if it is "anonymous" I'm sure it would come back to me.

So I'm kind of stuck, and not really sure how to proceed. I really don't want to move out, but either way I'm not sure I have much of a choice.

[bubzki2]

I'd start by writing your landlord a letter. Start nice, and escalate accordingly. If you get stonewalled, try http://www.homelinemn.org/ and ask how to proceed.

Oh, and make a copy and keep a record of all communication you have with the landlord. It can only help you later on if they're intransigent. Try to get as many things in writing as possible (i.e., not phone calls) so that you have a paper trail.

[Lancestar2]

What kind of bugs are they? If you are talking about german cockroaches it's a lost cause. Many other type of bugs can be manageable if you are able to close up nearly all entry points and put out chemicals. It's best to research online yourself so you know what is the best way to dealing with that type of bug. I recently moved into a new apartment and had to have maintenance patch a few holes mice were getting in plus I duck tapped a lot of extra cracks just incase. It depends on how much you like the apartment too and how cheap you are lol. Also please write a review for that apartment building letting others know they type of bug and how management handles the response. At least you can help save other people a headache and added stress in the future.

[min-chi-cbus]

I'd start by writing your landlord a letter. Start nice, and escalate accordingly. If you get stonewalled, try http://www.homelinemn.org/ and ask how to proceed.

Oh, and make a copy and keep a record of all communication you have with the landlord. It can only help you later on if they're intransigent. Try to get as many things in writing as possible (i.e., not phone calls) so that you have a paper trail.

We've had a different issue(s) with a past landlord and learned a couple of things in the process of trying to "do the right thing" that may help you a bit (although I can't answer your question directly).

Anytime you have an issue with something the landlord is doing, you usually have to let them know about it in advance, and you have to give them ample time to resolve the issue. For us, there were plenty of issues, but they were all somewhat small in grandeur. If our washing machine wasn't working, for instance, we would write an email to them and then follow up with a phone call. The email was backup to the phone call discussion (when all that was needed was a phone call in the 1st place). If possible, send the email with a "read receipt" so you know they received the email and it will hold up better in litigation if you can prove they were being negligent and were informed of an issue (in MS Outlook, "read receipt" control is under File --> Options --> Mail (under the "Tracking" section near the bottom). Depending on the state laws, the landlord may get up to TWO weeks (per MN law) to resolve any issue (also depending on the issue) before you can even consider taking it to the next level, which would be filing a complaint with the City (and if you go straight to the City first they'll just tell you to go through the motions anyways). In 95% of cases, the landlord does not want to purposely anger a good (paying) tenant, and will eventually do what's necessary to comply with an issue.

In general, I think it's good advice to do the following ANY time you have a problem with your landlord:tenant relationship:

1. Notify the Landlord first and foremost:
--or else you're digging yourself a hole....they usually can't be held responsible until they're at least aware of the issue, and they can't retaliate against you for following the rules and the laws (so don't worry about that!)
2. Track and record all correspondence with the landlord:
--via email and "read receipts" or on the phone through a recorder -- but I think you may have to notify the LL that you're recording them for it to hold up in a court of law, if it comes to that. Verbal agreements CAN hold up in court, however, but it's harder to regulate
3. Read both the lease you signed from the landlord AND any Landlord:Tenant laws and regulations that govern the area in which you live (see below):
-- nothing written in the lease can supercede a State law, so even if the Landlord wrote something like "LL is not responsible for pest control", it doesn't have any merit whatsoever. I was told that MOST leases have some language in it that does not hold up in an actual litigation case, just like this example!



Here is a blip that addresses your chief concern: living in a "condemned" household:

Minnesota law states that if a building is destroyed or becomes uninhabitable or unfit to live in through no fault of the tenant, the tenant may vacate the rental unit. In that situation, the tenant is not required to pay further rent to the landlord. (127) If the building has not been condemned, however, a tenant who relies upon this law to break a lease may run the risk that a court will not agree that the building was uninhabitable. The tenant may want to consider using the remedies discussed on pages 16-19 rather than to vacate the rental unit without proper notice.

Use this reference to address this and other questions regarding Landlord:Tenant laws in the State of Minnesota:
http://www.ag.state.mn.us/CONSUMER/hous ... efault.asp

[FISHMANPET]

So, I'm trying to lookup Minnesota statutes on this, and I literally can't find a single statute on anything on the state website. Search for anything says it's not found or will be released in 2015 per a law document that also doesn't exist. Anyone know what's up with the Revisor of Statutes website?
E: and now after I've posted it's working again. Weird.

[Andrew_F]

I think it was down a good portion of day... I was unable to connect this morning.

[FISHMANPET]

Yo, question re: sublets.

My wife and I will most likely be having a friend move in with us for the foreseeable future. She would be paying a portion of the rent etc etc. So my lease says sublets need to be approved by the Landlord, so I'm assuming legally this would be a sublet? I don't think the Landlord would mind and I know she wouldn't have any problem passing a background check or whatever, I just want to make sure my lease says I need to go through that hassle before I actually do. Relevant part of my lease:

8. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, sub-let or grant any license to
use the Premises or any part thereof without the prior written consent of Landlord. Any
consent given by Landlord to such assignment, sublet, or license shall not be deemed to be a
consent to any subsequent assignment, sublet, or license. Any assignment, sublet, or license
without the prior written consent of Landlord shall be considered a material breach of this
Lease and shall provide Landlord and shall entitle Landlord to pursue lease termination or
other lawful remedy.

E:
Another section that says only listed occupants may occupy the apartment without Landlord's consent:

Tenant shall not allow any
other person, other than Occupants or Temporary Guests to use or occupy the Premises
without first obtaining Landlord's written consent to such use. “Temporary Guests” are
such individuals as Tenant may allow from time to time to stay with Tenant, which time
shall not exceed more than 5 consecutive days/nights. Tenant shall bear responsibility for
supervision of Temporary Guests, and shall not allow Temporary Guests to occupy the
Premises for any 24-hour or longer period in which the Tenant is away from the Premises.

So basically I need to ask my landlord either way.

[mattaudio]

Why don't you and your landlord discuss over a bonfire in my front yard?

[FISHMANPET]

Well technically he's not the landlord, his son is.

Also, bonfires in the front yard? There aughta be a law...

Sent from my phone

[mattaudio]

They're way better in the front yard than the backyard... then your neighbors walking by can say hi.

[bubzki2]

Generally speaking sublets/assignments are permitted unless expressly prohibited, which it looks like they have done. So, yes, to be fully legal, you'd have to ask your landlord if they'll allow it, unless there's some exception that I'm not aware of (e.g., a temporary move, etc.)

[kirby96]

In my experience, while this is a small hassle, the landlord will have likely have no problem with it (assuming you are a good tenant, and your friend had a good background check result). If anything it makes you a better credit risk.

[grant1simons2]

Hey all,

So my apartment building (3-units) has a deck that is used by the upper 2 units that has A LOT of issues. Rotting wood in some sections, out of code stair depths, the railing is warped outward, the handrail isn't steady, nails jutting out in awkward locations. We (the tenants who have to use the deck) are planning on talking to the owners (CPM) and hope for the best. Their offices are a part of the building so I hope that carries some extra weight. But if they don't act on fixing the deck, is there anything I can do beyond that? It's in really rough shape and I don't want to have to worry about falling down onto the pavement below every time I want to be up there.

[PhilmerPhil]

If talking to your landlord doesn't get you anywhere, you can report the issue to 311 and an inspector will check it out.