Q: I moved into a two-bedroom, two-bath apartment with my girlfriend in Woodbury. It's a new building and has had some roof leakage issues. Water leaks down the walls in our apartment and has discolored the drywall. This issue first came up about three months ago. A coat of paint on the wall was the office's attempt at fixing it. I informed them that the drywall would need to be replaced. Since then, moisture leaking down the wall and pooling on the floor have been the norm, and I have photos. Three weeks ago they began the process of tearing out the drywall and ventilating out the moisture. I'm told it will be completed in one week, which will total one month during which we have not been able to use certain rooms in our apartment. The bathroom and walk-in closet have been covered in plastic and taped off from entry. The connected bedroom has had all our belongings from the closet laid on the bed, with the heated air from the construction area venting directly into the bedroom. I asked the office to deduct from our rent the amount of square footage we haven't been able to access during the repairs. They offered us only a $300 debit card. I've read that when repairs to apartments are required, it is reasonable for the renter to be given a rental deduction, due to not being able to use the entire space. Am I justified in my demand for a rental rate that reflects the square footage we've been able to access? It's not our fault the roof wasn't adequately sealed. In fact, it could be argued that the office is responsible for the state of our unit, due to their failure to repair the issue correctly the first time.
A: In Minnesota, a landlord is required to provide an apartment that is habitable and in reasonable repair, unless the disrepair has been caused by the tenant. If an apartment becomes uninhabitable, then your landlord has breached the lease. Since your entire apartment isn't uninhabitable, but several rooms are unavailable for use, then typically the owner or landlord will offer a reduction in rent during that time. I don't know what your rent payment is each month, but obviously you don't believe $300 is enough of a reduction for the month that you've been unable to access two rooms. You should put your request for a rent reduction in writing, detailing the damage and letting your landlord know that $300 is not sufficient. Give your landlord 14 days to resolve the issue. If it isn't resolved, then you can file a rent abatement action with your county court. Make sure to bring a copy of the letter, pictures showing how the rooms have been sealed off, as well as the crowded condition of the rest of the apartment. You also could contact an organization that helps advise tenants for free or at reduced cost, such as HomeLine, 612-728-5767, or Minnesota Multi-Housing Association, 952-854-8500.
Buyout question
Q: My lease contains a two-month buyout provision. Does this mean that, if I give two months' notice and vacate prior to the start of those two months, I owe two months rent to get out of my lease? Or does it mean I have to first give the 60-day notice as required in the lease at the end of the full lease period, vacate and pay two additional months' worth of rent, for a total of four months?
A: Buyout provisions are written into leases to protect both tenants and landlords. Sometimes tenants need to move out for a variety of reasons and want to terminate the lease early. However, if tenants just vacated the apartment without notice or payment, it would leave a landlord without a few months' rent since it can take awhile to find a new tenant. It also leaves the vacating tenants responsible for rent on the remainder of their lease, or however long it takes the landlord to find a replacement tenant. I haven't seen your lease, however, I'm familiar with buyout provisions, and typically they require tenants to pay two months' rent to terminate the lease early, not four months' rent, since that wouldn't make it worthwhile. You should give your notice before the end of the current month, so it covers the full following two months, and leave your rent payment with the landlord. For example, if it's February and you already paid February rent, then you should give your two months' notice any day in February to terminate your lease for the end of April. In addition, you will need to supply March and April rent payments with your notice to terminate your lease early. You also should let your landlord know that you will be taking advantage of your lease buyout provision, and ask if there is anything else you need to do to terminate the lease early.
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, or write to Kelly Klein c/o Star Tribune, 650 3rd Av. S., Minneapolis, MN 55488. Information provided by readers is not confidential.
