Landlords in Minnesota are legally obligated to ensure their properties meet minimum safety and functionality requirements for tenants. This legal covenant is detailed in Minnesota Statutes Section 504B.161. The requirements include:

• Keeping the building and common areas safe and clean
• Ensuring plumbing, heating and electrical systems are functioning properly
• Promptly repairing or addressing structural issues like leaks, broken windows or mold
• Proactively addressing with unsanitary conditions, like pest infestations

Many tenants who are facing these types of issues struggle to obtain resolutions due to a lack of enforcement mechanisms. How long does a landlord have to address complaints from tenants? What can you do if your landlord ignores your request? Are there consequences for landlords who violate their covenant with tenants?

In Minneapolis–St. Paul, tenants often need to be their own advocates. Reaching a resolution require some work on your part, but reaching a resolution is possible.

Speed of Addressing Issues

Some local ordinances impose timeline requirements for repairs, like for broken heating systems during winter, but strict landlord deadlines are not defined in Minnesota statute. However, there is an implicit expectation that complaints should be addressed in a reasonable timeframe based on the severity of the problem.

This is often understood to be 24 to 48 hours for urgent issues that put tenant safety at risk and 14 days for non-emergency repairs.

Tenants have a better chance at winning formal complaints in court if they act quickly and put their request for repairs in writing as soon as problems are discovered. Even if you call your landlord on the phone or speak with them in person to request repairs, it’s vital to have a dated copy of requests made in writing, like an email or postmarked letter.

If a dispute goes to court, your word that you spoke with your landlord might not be adequate proof that you reported the problem when you claim you did.

What to Do If Your Landlord Doesn’t Address Your Complaints

After a reasonable time has passed and your landlord still hasn’t taken action to address your complaints, you should file a complaint with the local housing inspector. You should also consider contacting your local district court and completing the necessary paperwork to place your rent in escrow.

If your landlord continues to ignore your complaints, you can sue them under Minnesota’s Tenant Remedies Action. In most cases, tenants can sue for rent abatement, meaning the rent they pay into escrow would be returned to them rather than paid to the landlord.

Landlords may attempt to retaliate by evicting the tenant due to nonpayment of rent, but the courts may intervene on the tenant’s behalf if the tenant can prove the landlord failed to make necessary repairs.

How to Begin a Rent Escrow Action

If your landlord hasn’t addressed your written request for repairs within a reasonable timeframe, you should consider filing a rent escrow action with your local district court. In order to begin a rent escrow action, you will need:

• Both a copy of the written notice you sent your landlord and proof of delivery of the notice
• Photo or video evidence of the problem you want repaired
• Any relevant inspection reports from housing or safety authorities
• Medical records or other documentation related to the consequences you have suffered due to the unsafe conditions

Visit your local district court with your documentation and ask to file a rent escrow action. You should be given a form on which you can detail the repair issue and formalize your request to begin a rent escrow action.

Once the rent escrow action is approved, you can bring your rent payments to the court instead of paying them to your landlord. The court will hold onto your payments until a court hearing, which will typically be scheduled 10 to 14 days after you file a rent escrow action.

Be prepared to present your evidence during your court hearing. Keep in mind your landlord will have the right to respond to your claims during the hearing.

After the hearing, the court may choose to:

• Deny your claim and give the escrow payments to your landlord.
• Order your landlord to make repairs and potentially return all or some of your rent payments. Their decision will likely depend on the degree to which the conditions impacted your use of the property.
• Give you back some or all of the escrow money to pay for repairs yourself.
• Allow you to terminate the lease without any early termination penalties.

This entire process can take up to a month – two weeks of waiting on the landlord before you can begin a rent escrow action and two weeks after you file until your court hearing. This is why acting quickly when problems arise is crucial. Immediately email or mail a formal request to your landlord with a date and time stamp. If two weeks go by and your landlord has failed to address your issue, begin a rent escrow action as soon as possible.

Should You Seek Help From a Minneapolis–St. Paul Lawyer?

Whether you would benefit from legal assistance will depend on your familiarity with the process and the complexity of your situation. Minneapolis or St. Paul residents are not required to have a lawyer to begin a rent escrow action with the court. However, many will benefit from the assistance of an attorney when it comes to understanding tenant rights under Minnesota statutes and local housing ordinances. An attorney can also help you gather compelling evidence and represent your interests during court hearings.

The referral counselors at Minnesota Lawyer Referral and Information Service would be happy to connect you with an experienced housing attorney who can assist with your situation. Call us at (612) 752-6699 to get started.