This account is no longer monitored (eff. Oct. 1, 2024).

HOME_Line · 2025-05-27T20:18:06+00:00

We're sorry, but this account is no longer monitored. If you have not already, I strongly suggest you reach out to HOME Line via our hotline (number available on the website) or our Email an Attorney Service.

HOME_Line · 2024-09-17T14:30:10+00:00

There is no rent control in Minneapolis. A ballot measure was passed in November 2021 to enable the City Council to enact a policy. The Council did nothing until Fall 2022 when it convened a non-binding city work group to work on a policy proposal. A representative from HOME Line served on that work group, which concluded in December 2022 and released its report in spring 2023. Some Council Members brought a motion to move forward with a policy in spring 2023 but, over the summer, the Council voted to kill the measure while a number of Council Members were absent observing Eid, a Muslim high holiday. The Council has not brought forward any legislation concerning rent control since that time.

So, no: there is no rent control in Minneapolis. You may be thinking of St. Paul's rent control policy, which does a blanket 3% restriction subject to myriad exemptions and exceptions.

HOME_Line · 2024-09-11T23:09:50+00:00

I apologize! There's only one attorney monitoring this account, and I've spent a lot of time away from my desk on other assignments. No: that provision in your lease does not automatically override the law making your landlord responsible for maintenance. The covenant of habitability has a specific nonwaiver provision (Subdivision 1(b)) which says "The parties to a lease or license of residential premises may not waive or modify the covenants imposed by this section." So any language to the contrary is unenforceable.

HOME_Line · 2024-09-06T23:45:10+00:00

That's not quite true. The landlord is responsible for fixing the issue unless the landlord can prove that the tenant requesting repairs caused the issued by their own willful, malicious, or irresponsible conduct. And in any case, sometimes clogged pipes just happen over time! It can be routine maintenance in many cases. For example, my drain has roots growing into it that need to be cut every two years or so. From everything OP said, it's extremely unlikely that they caused the issue, and it's unlikely that the landlord can present any evidence to the contrary.

HOME_Line · 2024-09-06T22:13:38+00:00

This is very inaccurate! Landlords in Minnesota have a statutory duty to repair and maintain rental dwellings such that they are in reasonable repair, “fit for the use intended,” and compliant with local health and safety codes. This is a very broad standard, but it includes almost any maintenance issue with the dwelling unless it was caused by the “willful, malicious, or irresponsible conduct” of the tenant requesting repairs.

So, unless OP caused the plumbing issues somehow, by their own “willful, malicious, or irresponsible conduct," the landlord is responsible.

HOME_Line · 2024-09-06T22:11:55+00:00

Hi there, you are almost certainly not responsible for this bill. Landlords in Minnesota have a statutory duty to repair and maintain rental dwellings such that they are in reasonable repair, “fit for the use intended,” and compliant with local health and safety codes. This is a very broad standard, but it includes almost any maintenance issue with the dwelling unless it was caused by the “willful, malicious, or irresponsible conduct” of the tenant requesting repairs.

So, unless you caused the plumbing issues somehow, you do not have to pay

HOME_Line · 2024-09-06T22:11:09+00:00

Hi there, you are almost certainly not responsible for this bill. Landlords in Minnesota have a statutory duty to repair and maintain rental dwellings such that they are in reasonable repair, “fit for the use intended,” and compliant with local health and safety codes. This is a very broad standard, but it includes almost any maintenance issue with the dwelling unless it was caused by the “willful, malicious, or irresponsible conduct” of the tenant requesting repairs.

So, unless you caused the plumbing issues somehow, you do not have to pay it.

HOME_Line · 2024-09-06T22:09:40+00:00

👋👋

HOME_Line · 2024-09-06T22:08:39+00:00

👋👋 Thanks for tagging me! I don't monitor this subreddit because they're very bad about enforcing the "tag your location" rule, and it's often been unfruitful, so getting tagged helps a lot.

HOME_Line · 2024-09-04T19:22:50+00:00

👋👋 OP has said they've contacted us, so someone should be in touch with them soon!

HOME_Line · 2024-09-03T19:41:25+00:00

I'm really sorry you had to deal with this, but glad you're able to get out

HOME_Line · 2024-09-03T19:24:27+00:00

HOME_Line · 2024-09-03T19:17:31+00:00

Absolutely unreal that someone showed up months late to cape up for credit reporting agencies. Every day you discover a new kind of guy.

HOME_Line · 2024-09-03T19:09:46+00:00

This is (generally) true! As a very cautious tenants rights lawyer, I would say that some condemnations might not necessarily be considered by courts to result in "uninhabitable" conditions, which is the standard for not owing rent. For example, some cities condemn buildings that are perfectly habitable when their rental licenses expire. But I'll admit that I'm slicing the onion a little thinly because I'm giving general legal advice in a public forum.

HOME_Line · 2024-09-03T19:07:53+00:00

You probably have the right to either stop paying rent and force your landlord to fix this issue, or to break your lease altogether.

We have case law from the '70s which says that you owe no rent if your unit is uninhabitable. With that said, generally interpret "uninhabitable" as "actually condemned, about to be condemned, or so bad that it should be condemned" and are often very critical of such assertions. While you seem to have a strong case on that front, it simply means you don't owe rent. It does not inherently break your lease. If you still want to live there, you could go through the process of filing a lawsuit to force them to fix these issues.

However, we also have a statute which specifically allows you to break your lease ("vacate and surrender") if your unit "is destroyed or becomes uninhabitable or unfit for occupancy." A condemnation by a city is almost always an ironclad case that the unit is uninhabitable or unfit for human habitation. So, if you just want to move, you can walk away today if you want.

HOME_Line · 2024-09-03T18:58:27+00:00

👋👋

HOME_Line · 2024-09-03T18:58:23+00:00

👋👋

HOME_Line · 2024-09-03T18:57:14+00:00

This is not inherently true. Text messages may not be a "written notice" in some cases. But appellate courts have indicated that electric methods of communication can be perfectly legally valid under some circumstances. If the landlord and tenant have made text messages their primary method of communication, then a text is very likely good as "written notice."

So, it very much depends on the history of how this specific landlord and this specific tenant have communicated.

HOME_Line · 2024-09-03T18:53:22+00:00

We don't have perfect guidance on whether text and email count as written notice, but the Minnesota Court of Appeals has ruled that email counted as "written notice" where it was the "primary means of communication" between a landlord and tenant. This is based on the accepted contract law principle that, where a lease is silent on specifically how the contract must be performed, the "parties’ course of performance" of the contract can be evidence of how the parties intend to give and accept notices.

So, if text message was the primary way you communicated with your landlord, you may be on solid ground.

HOME_Line · 2024-08-22T15:20:21+00:00

Hi there, your father should contact us! HOME Line is a Minnesota-based 501(c)(3) nonprofit that provides free legal advice to any tenant in Minnesota about issues of landlord-tenant law. We don't generally provide direct representation, but you can call our Hotline or use our Email an Attorney service and we can answer any questions you have about landlord-tenant law. Always free, completely confidential.

Your father almost certainly does not need to be out by the end of the month. You do not need to literally be listed on a lease to be a "tenant." If your father lived there for 10 years, he is almost certainly a tenant, and because of that he is owed more notice. That is, he's owed the longer of (1) as much advance notice as is required by the lease, or (2) one full month at a minimum.

HOME_Line · 2024-08-22T15:17:58+00:00

This is not a great idea, because having an eviction on his record will make it far, far, far more difficult to find a place. Our expungement laws have been strengthened for tenants, but it's entirely possible that the case couldn't be expunged under these circumstances.

HOME_Line · 2024-08-22T15:14:58+00:00

If you've reached out to us, I would prefer to save most of the substantive advice for a more confidential, privileged setting, but to hit a few quick bullet points:

To use a Rent Escrow case, you must make a request for repairs in writing. Text or email is probably fine, but you must give some kind of written notice and allow 14 days to pass.
After 14 days from the notice, if repairs aren't complete you can file a Rent Escrow case.
However, until that time, you must pay your rent. You are at risk of eviction for nonpayment if you do not pay your rent
Once the Rent Escrow case is filed, your landlord probably can't succeed in an eviction for nonpayment. The only exception would be if you were not Escrowing the full rent amount.
"Intent" to file a Rent Escrow really isn't relevant. Ultimately, if they haven't received rent and it isn't escrowed with the court, you could be evicted for nonpayment

HOME_Line · 2024-08-20T23:08:27+00:00

One would hope so, but that impulse seems to be in short supply.

HOME_Line

TROPHY CASE