Legal Question in Real Estate Law in Minnesota

Tenants Lease Agreement

I have sent written notification to my landlords requesting bathroom repairs by regular mail. This is mandated by my lease agreement. The lease agreement does not specifiy the amount of time the landord has to make repairs, just that I have to send written notice of repairs. If my landlord does not make repairs, how long must my family live in these conditions before I can terminate my lease and still retain my full deposit?

Repairs needed: There are no faucets handles in my tub for hot and cold water shutoff, I have to use 2 vise-grips. Large amounts of tile around the bath tub have fallen off. In a other places the tile is bowing out to all its glory waiting for more moisture. Structure damage is emanate.


Asked on 12/12/97, 11:57 pm

1 Answer from Attorneys

Take some photos, to start!

Seriously! In THIS state, there are several ways ofdealing with this, but you generally are allowed to withholdthe rent (but be SURE to put it into a separate account -- it's easy to establish a new one at any bank, preferably usea passbook account, and call it an escrow account when referringto it) and either wait for the repairs to be made (up to 3 monthsworth of rent) to pay it over or even call in repairmen yourselfand pay them with the rent withheld! You need, however, to notifythe landlord in writing every step of the way as you do that, and get return receipts (the green postcard that attaches) for eachnotice you send -- but if the letters start coming back refused, spend a wee bit more and have a constable deliver them to landlord's office ....

The very first step, however, needs to be to notify landlord inwriting of these problems. In this state, again, it is also wise to notify city health dept. and they send their own inspector, andthey even order the repairs done themselves without the need fortoo much involvement by you; furthermore, they serve as witnesses for your benefit in eviction proceedings and also, in this state, the landlord may not evict you (except for unjustified non-paymentof rent) until the repairs are made and the city re-inspects andagrees.

As a poverty law office or legal aid bureau / legal aid society tohelp you (even if you don't think you're poor) because they oftenhave the best knowledge in this area. Do not rely on my state'slaws -- these kinds of laws are UNIQUE to EVERY state.

G'luck!

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Answered on 12/18/97, 12:04 am


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