Legal Question in Landlord & Tenant Law in Minnesota

the emf radiation is above the epa guideline in my apartment

the apartment I am leasing is close to a power line.

the epa gudeline says above 3 milli gauss it might be not healthy, and they say ''avoid areas where the field is above 1 milli gauss''

i measured the emf and it is between 6 to 9 milligauss in my apartment, depending on the rooms.

can I break the lease and move without paying penelty or I am obligated to fullfill the lease I signed?


Asked on 4/11/06, 11:38 am

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: the emf radiation is above the epa guideline in my apartment

Your question is the most interesting one I have seen here for a while. I frankly don't know the answer, so I went to WestLaw to see what I could find. I found no State of Minnesota cases where anyone had been allowed to terminate a lease because EPA guidelines had been violated.

I should comment that I seem to be seeing a sceme where EPA regulations are enforced by the EPA, so if you are serious about this I recommend that you contact them and see what they have to say.

I did find a couple of cases where the Minneapolis Housing Authority terminated leases because the residents where doing things which were creating a poor "social environment" in the community. While interesting, I don't see those cases close enough to help you. At least the cases do contain the word "environment." Caveat: Just because I found nothing doesn't mean that a case isn't there.

Another comment: leases are contracts. It would be important to have someone like me look over yours. If this situation creates a violation of something in the lease, you might have something you can hang your hat on.

For looking over your lease, I would charge a small consultation fee. Feel free to contact me.

One more thing. You could try calling the Tenants Union. They are in the Minneapolis White pages. They won't let us put phone numbers in these answers.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 4/11/06, 1:00 pm
David Anderson Anderson Business Law LLC

Re: the emf radiation is above the epa guideline in my apartment

Your dwelling space may be in violation of the MN Covenant of Habitability.

I would want to investigate further before bringing an injuction, but you should document and demand an inspection by MN EPA officials.

Call or e-mail for further assistance.

I have been a landlord for 25 years.

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Answered on 4/11/06, 5:21 pm


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