Q: My son has lived in an apartment complex near downtown Minneapolis for over 10 years. The complex has changed hands three times and is now owned by an investment company outside of the state, but there are property management employees on-site during the weekdays.
There is a unit above him and one on each side on his ground level, and one on each side of the upper level. The tenants who moved in directly above him in March are crack addicts. For the first four months there were no tenants on either side of this upstairs unit so the only one affected was my son's unit directly below them. My son has the fumes from the drug use filling his unit on several occasions, which includes the hallways and even outside the complex. It was so overpowering that he became sick and could not stay in the apartment some nights.
He bought an air purifier and took a ladder and sealed any places he could see in the ceiling that would let the fumes through, but this did not prevent the fumes from escaping into his unit. It often took over eight hours to clear his unit out. Along with the meth and crack fumes, the behavior of the tenants was also intolerable. Often for most of the night between 2 and 5 a.m. they would drop heavy objects or vacuum over hardwood floors which did not allow for a peaceful night's sleep. My son has to get up for work every morning so this behavior is very disruptive.
The problem with the landlord company was that after this disruption was reported to them, they did nothing to alleviate the problem. After my son contacted the people working for the management company, the company didn't notify the disruptive tenants early on and nobody came to smell the awful stench in the halls or my son's apartment.
No action was taken because, in part, the only one protesting was my son as there were no other renters on either side of this couple. My son has kept meticulous records of every occurrence and every step he took to get the management company to deal with these tenants. He has videos of police calls when one tenant overdosed in a car in front of the complex and he has a record of all of his contacts with the management staff. The rent in this complex is very expensive and it is not a rundown building.
In July, both apartments were rented on either side of this problem apartment upstairs, and soon both tenants were also complaining along with my son. My son feels he has a case against the investment company that owns this building for not taking any action to protect his health, his ability to use his own apartment and their failure to start any action to alleviate the problem tenants. He would like to know if you can recommend a law firm that works on this type of litigation.
A: Tenant disputes over noisy or disruptive neighbors are a very common problem for tenants and landlords when people rent apartments or homes. These types of situations inconvenience a respectful tenant and also put a landlord in a precarious position since they may be required to choose one tenant over another.
However, if the tenants above him are using illegal substances, that would be considered a lease violation and it could result in their being evicted. The noise problem of vacuuming and dropping objects on their floor late at night is more difficult to address since the noisy tenants also have a right to enjoy their rental unit and clean or make noise at night.
You didn't mention what, if anything, the landlord has done to handle the disruptive tenants since other tenants started complaining. Most landlords will talk to the noisy tenants to make them more aware of the noise they are making at night while others are sleeping, and oftentimes landlords will install extra insulation which can help with the noise, fumes or smoke. With three different tenants in three different units complaining, I'm assuming the landlord will handle this problem as soon as possible to avoid losing good tenants.
Your son should communicate with his landlord to find out if the upstairs tenants' lease is ending soon and not being renewed, or whether the management company is evicting the tenants based on a violation of their lease terms. If there is no change, your son should send a letter or email to his landlord requesting that the extreme noise and fumes/odor problem be eliminated within 14 days.
If the problem isn't fixed to your son's satisfaction in 14 days, then your son should file a rent escrow action in the county where he lives. In that rent escrow action, your son should attach his evidence such as all the correspondence and any photos, and also request rent abatement for the days he wasn't able to stay in his unit due to the fumes and odor from illegal substances. In that action, he could also request that his lease be terminated early.
If your son still wants to pursue legal action against the company outside of a rent escrow action, then he should contact the Lawyer Referral Service in Minnesota at 612-752-6666, which serves Hennepin County and the surrounding area. They will be able to recommend an attorney to assist your son with his action. He can also go to the following link, www.mnlawyerreferral.org/public-area, and complete an online self-referral form requesting an attorney, or call 612-752-6699 and a referral counselor will answer his questions.
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. Email renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.
