renting and the law Kelly Klein
Q: I live in a large house in Minneapolis that has three to four apartment units. I work from home. One of the tenants films porno at various times during the day and evening. I can hear everything including names and conversations, and of course it interferes with my work. Sometimes I have to mute my meetings so my co-workers don't hear it also. The house is managed by a property management company. What are my options without getting evicted?
A: Every landlord has a duty to their tenants to keep the rental units fit for the use intended, in reasonable repair, and in compliance with safety and health codes.
Typically, residential areas have zoning laws that only permit certain commercial activity, if any, to occur in the area. However, these are unusual times since many renters and homeowners are now working their regular jobs from home because of the pandemic.
If there is illegal activity going on in the rental unit, such as selling drugs or human trafficking, then that is a potential lease violation and the tenant could be evicted. If you have proof of illegal activities or activities which violate regulations about zoning in your property, you may be able to stop the filmmaking.
To report a suspected trafficking situation, call 911 or the National Human Trafficking Hotline at 1-888-373-7888, send the text HELP to 233733, call the BCA at 1-877-996-6222 or e-mail bca.tips@state.mn.us.
If you have no proof of illegal activity going on, except for the noise you are hearing through your walls, then you should send your landlord, which is the property management company, a letter or e-mail (not a phone call, it must be in writing) letting them know that you are having trouble working during the day due to the noise level in the apartment next door.
In that letter you should request they fix the problem in 14 days. Then, after 14 days if the noise level hasn't been lowered or eliminated, you can file a rent escrow action in the county where you live.
Since it is illegal for your landlord to retaliate against a tenant for filing a rent escrow action, you cannot be evicted if you pursue an action. In that action, you will attach your 14-day e-mail or letter along with any other proof you have, and you can also request that your lease be terminated.
Another option is to speak to your landlord about moving apartments, if there are any available units in the building, since the noise level makes it too difficult for you to work.
Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.
