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Landlord refusing to make repairs, what can we do?

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kels12582

Junior Member
What is the name of your state? Minnesota

My family and I moved into a 3bedroom unit of a 4-plex building on February 1st, 2007. Since then we have had nothing but problems with our apartment. Before we even moved in we did the usual security deposit check-in form where it was written on there that there was a leak under the bathroom sink. We expected them to come fix it within a few days but after nearly 5 months of repeated phone calls and emails to the landlord and building owner, I had to chase the maintanance guy down the road to get it fixed. The leak was so bad that there was almost an inch of standing water under the sink which rotted out the wood so bad that it is bowed. There is also a big mold stain from where the water had been sitting. Then came the issue with our central air conditioner....when we first felt the need to turn on our central air, around the end of april, it would only work about 20% of the time, and even that 20% wasnt all that great. We called the landlord about that and she did send a maintanance man out here and all he did was replace the furnace filter and wipe off a coil. Since that did not help, we continued to call the landlady. We were either ignored or given false claims that repairs would be made within a few days. Then around the beginning of June the AC quit working all together. It would turn on, but it blew hot air. Finally the landlady had a professional heating and cooling company come out to look at it and he told us (and the landlady) that it needed a new compressor. So we waited again...then when we called about it about a week later she told us that she was going to have a different company come out and look at it. The came out and told her that the entire system needs to be replaced, new outside unit, furnace, etc. They also gave us a written copy of there findings for our records. That was July 30th, 2007. Initially the landlady told us that it would be a few days before anyone would be out there to do an estimate or whatever and see what needed to be done. So we waited again. After about 3 weeks went by we called her and she told us to "buy fans". Then she told us that we could "sweat our asses off" til the end of our lease because she refuses to fix it.
Also, eash unit has there own separate water heater. Ours is in a closet in the hallway. The water heater is leaking so bad that the floor underneath it has rotted away and has sunk about an inch.
Also, our sliding glass door leaks so bad when it rains that it pours in down the inside of the glass and fills up the track on the bottom and floods the floor in front of the door.
We have reason to beleive that three is a major mold problem in our unit due to all the water leakage. I have never had allergy-like problems before, but ever sicne I moved in here I have been sick with cold and flu-like symptoms. Also, my two year old son wakes up with heat rash on a daily basis due to the heat in our apartment. We finally had to go and buy a window AC unit to have in our bedroom and now all 4 of us sleep in one room. We have contacted our city's housing inspector and he told us that the city we live in does not enforce building codes for apartments. So basically they are allowed to have slums here? What the hell? We have also contacted lawyers and they keep telling us to contact the housing inspector!! We have taken pictures of all the damage and have made copies of the letters we have sent the landlord to make repairs. I was jsut wondering if this is a legitimate case to sue the landlord after we move out. I have read that the law in MN states that the landlord must make the unit habitable, meaning that it must be safe, sanitary, and fit to live in. I do not think that our apartment is fit to live in. If anyone can help me and let me know if we have a legitimate case against the landlord and property owner, that would be greatly appreciated!! Thanks!!!
 


FarmerJ

Senior Member
What city do you live in ? I gather your in a rural area and your city inspections are being LAZY. I live in Mille lacs county Borgholm TWP and there are no inspectors here only county zoning people but they too dont even enforce violations they just note them for records. Ok so Start by getting disposable camera and take pics and have the dates they are developed printed on the backs, THEN Write certified letter to your city council persons telling them what the inspections desk told you. Remind them that housing code violations are not pick and choose for inspections to enforce when it comes to home ownership status and inform them that if they are unable to assist you with in the next 7 days you will be contacting WCCO or KSTP consumer affairs and asking them for assistance. Im sure your city council persons will enjoy the idea that they could be named in the story. BTW our state govt web page is not easy to navigate BUT this link should get you started >>> http://www.courts.state.mn.us/selfhelp/?page=1873 Also Stop phoning or emailing your LL use certified letters from now on and if the LL refuses to pick it up and it comes back to you dont open it keep it in tact , its rather hard for LLs to offer good reason for having refused to pick up mail.
 
Farmer J has good advice. That inspector is just not doing his job. The council person can put pressure on him to do it correctly. Send all repair requests in writen form, mailed to the LL by certified mail, return receipt requested. You need to get a paper trail together for evidence that she is failing to maintain the property. Print out any e-mail you sent her and any she returned to you. Start gathering your evidence. Then read these statutes: Minn. Statutes Ann. 5048.215(3)(d) & 5048.385 deal with rent withholding for your state. Minn. Statute Ann. 5048.425 deals with Repair & Deduct remedies. Gather your physical evidence (photos, e-mails, copies of repair requests, etc.) Make sure they are all dated. If you can remember the exact dates you requested these repairs be made by phone call, try to make a log of all the calls you made to the LL or maintenance. Then call the court and ask them about their procedures to use either of the two remedies above. Make sure you follow the court's procedures exactly on these if you choose to use them. Good luck.
 

kels12582

Junior Member
We live in Prior Lake, which is why I was shocked to hear that it does not enforce building codes for apartments/rentals. It's in the northern part of Scott County, and although it isnt the biggest city, it is still in the metro area.
We have taken tons of pictures and have copies printed out and saved in a filing cabinet and also saved onto our computer.
I also contacted a lawyer from my area recently adn he told me that it sounds like the landlord breached the contract of the lease by not fixing repairs as states would be done by the landlord in a reasonable time in the lease and I would have a legitimate case. I will begin to send the landlord/owner certified mail from now on.
As far as the inspector goes, when I called The City of Prior Lake Housing Inspections/Building Codes Dept. the man I talked to asked me what the problems were and my address and my building owners name. I told him everything, then only after I told him all the info he said, "Well I'm just gonna tell ya now that we don't enforce codes on apartments and rentals, so your landlord doesnt have to fix the air conditioner." How is that possible?

I also looked up on the City of Prior Lake webpage and this is what it said concerning inspections at rental units:

I am a renter and having problems with my rental unit. Can you come out and inspect it?

The City of Prior Lake performs inspections only on active building permits. Refer to the Minnesota Attorney General Handbook, Landlords and Tenants: Rights and Responsibilities. Information can be found at www.ag.state.mn.us.
 
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kels12582

Junior Member
I also wanted to add that I recently found out from some of my neighbors that the man who used to live above us (he and his girlfriend have not lived here in about a year and a half) used to also be the maintanance man for this building. What is so disconcerting to me is that I also found out that this man was evicted and fired from his maintanance position and also has two counts of malicious treatment of a child. What is even more troubling is that he was out here the other day getting some of his belongings out of the utility garage (why he still has stuff in there I do not know) and he proceeded to tell my neighbor and I how he still has the keys to all of our apartments!! He is court ordered not to be within a certain amount of feet of children, from what my neighbors have told me. How is he allowed to be on this property when all of us have kids and how is it legal for him to still have keys to our apartments?? I do not feel safe knowing that someone who has been convicted of child abuse is allowed to still have keys to this building and could enter our apartment at any time. I know this man has other convictions on his record and from what I read about background check screenings he was never supposed to be hired as a maintanance person for any apartment company. Anyone have any insight on this?
 

seagoing

Member
Just a thought,if you have a local health dept.you might want to contact them,especially since you have a baby and the mold issues are looked at very seriously these days.Mayb they can help you with testing for mold.There are kits you can purchase to test your air.If you have mold,the air conditioner ducts are a breeding ground for it.Likely that the apt.needs a good mold cleaning from what you say.If you can get enough evidence of probs.epecially the mold,I would think that would be a suffice reason to break lease,but ask for legal help first.The landlord has probably had alot of experience screwing over tenents or she wouldn't be so bold
 

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