Q My boyfriend and I moved into our new apartment in Eden Prairie last November. As soon as we moved in, we noticed a constant banging that would last from about 7 a.m. until 3 p.m. and would happen again from 8 to 11 p.m.
We are positive the noise is coming from the apartment across the hall from us. The noise is the loudest when we are in our living room. It sounds like someone is hammering on the wall. It lasts 30 seconds to 3 minutes. Sometimes it is so loud we can hear it in our bedroom, which is on the opposite side of the apartment!
We are unable to enjoy eating at our dinner table (even with company over), unable to sleep in on our days off and unable to watch TV or catch up on computer work in our living room.
The noise occurs at least once a day and sometimes up to five times a day. Many of our visitors have heard the noise, as well. We just started recording times and dates that we hear the noise in February and have already reported the noise more than 20 times!
In December, when I started spending more time at home because I was on a break from school, I realized the noise was too much of a nuisance and that I needed to complain about it. First, I tried to contact our neighbors when they were at home, but they wouldn't answer their door.
Next, I called the company to complain. They said they would investigate. Still, the problem persisted and has gotten worse. I finally walked over to our apartment office with a recording of the noise, to which they said again that they would keep investigating. I called the office manager and left messages. I've also written to my apartment office with no response.
I called the police nonemergency line and they said they can come out, but they must hear the noise when they arrive to file a complaint. I told them not to waste their time because the noise lasts only a few minutes. However, I'm itching to call them again to have something on record.
I finally called my family's lawyer and he advised me to write a letter to the apartment office and the property management company saying that we would withhold rent until the noise was stopped. He said he also believes we should be refunded some of the rent we've paid these past few months. He advised me to make copies of the letter and send it through the mail with signature confirmation.
My boyfriend is afraid this will negatively affect our credit score, which is why I'm looking to get a second opinion. I've also read up online and many websites say that we can sue our neighbors or our apartment complex.
We are trying desperately to solve this situation out of court and as peacefully as possible! We really don't want to move. Please help us!
A Technically, you have the legal right to withhold your rent until the noise stops. The problem is that your landlord still has the right to bring an eviction action for nonpayment.
Even if the court finds that the noise justified withholding the rent, you will still have an unlawful detainer notation on your record, which will make it difficult for you to find a new place to live in the future.
The legal way to handle this problem is to write the management a letter describing the problem and giving them 14 days to fix it. If it isn't fixed in 14 days, then you can file a rent escrow action in the county where you live.
Under Minnesota Statute 504B.385, your written letter describing the noise must be delivered personally or sent to the person or place where rent is normally paid.
If the problem isn't corrected within 14 days, you may then file a rent escrow action and deposit the full amount of rent due with the court administrator. The clerks will help you complete the necessary paperwork. If no rent is due at the time you file your rent escrow action, then you don't deposit your rent with the court administrator until it becomes due.
The court will hold a hearing and will determine if the landlord has addressed your issue, if rent should be reduced or if you are entitled to a rent abatement. Because noise is such a difficult issue, many courts will hold you to a higher standard of proving there really is a problem. Make sure you bring witnesses to the hearing who can testify as to the noise problem and the recording.
Q I am renting an apartment in Minneapolis and am doing an internship that requires me to live here only for three months.
I signed a month-to-month lease. I plan to move out at the end of April, so on March 1, I put in my 60 days' notice - 61 days ahead of moving.
I was told that I needed to provide two full months' notice and because it was March 1 and not Feb. 28, I would be required to pay for an additional month of rent.
After doing some reading, I have not found any other complex that requires a two-month, not 60 days', notice.
A A tenant is considered to be on a month-to-month lease when there is no written lease, when their written lease has terminated, or when they sign a lease specifically indicating it is month-to-month.
Your issue is whether or not you gave adequate notice under your lease terms.
Because your lease terms required you to give 60 days' notice, then I believe that technically you have given sufficient notice.
While landlords often argue that a 60-day notice means that you have to give notice two full months in advance of the date -- and it is best to always give two full months' notice -- courts have usually decided that 61 days' notice is sufficient to meet the terms of such a clause.
In addition, some judges regard the 60-day notice as a violation of Minnesota Statute 504B.145, which restricts automatic renewals of leases for two months or more unless the landlord has given written personal notice or by certified mail at least 15 days, but not more than 30 days, before the tenant is required to give notice to terminate the lease.
The problem with this statute, in your case, is that the landlord would be required to give you this notice every month, because you signed a month-to-month lease.
Some judges would view this type of notice as being too restrictive on your landlord.
You should go in and talk to your landlord about the oversight. You could mention that judges may view it as an automatic renewal of the lease, and if so, you weren't given adequate notice. You should try to negotiate with your landlord to see if he or she is willing to bend on the rent.
If you are unsuccessful, your only option is to wait until your landlord sues you or until a collection agency calls.
If there is a suit in small-claims court, you can represent yourself and make the arguments outlined above.
If a collection agency calls, you should talk to a consumer-rights attorney about bringing an action to resolve the matter. There are no guarantees, but I think you have two pretty good arguments.
Kelly Klein is a Minneapolis attorney. Do not rely on advice in this column regarding a legal situation until you consult a qualified attorney; information provided by readers is not confidential; participation in this column does not create an attorney/client relationship, and no such relationship is created without a retainer agreement with Klein.
