Before going to court under this act, a tenant should talk to the landlord about the needed repairs and try to get the landlord to fix them. If the landlord does not make the repairs within a reasonable time, the tenant should: 1. Notify the local housing, health, energy, or fire inspector (if there is one). (104) 2. Get a written copy of the inspector’s report. This will describe the problem and allow the landlord a certain number of days to repair it. If no inspector has been used, the tenant must inform the landlord in writing of the repair problem at least 14 days before filing a lawsuit. (105) 3. Wait for the required time to pass, and then, if the repair work has not begun or progressed, bring suit in district court. (106) In court, the tenant must produce evidence that the problem exists (and should submit a copy of the inspector’s report if there is one). The tenant must also explain how the problem can be resolved. (107) Rent Abatement (return of money) Before suing for rent abatement (a return of rent paid for a unit that was in disrepair), the tenant should try to get the landlord to make the repairs. Only after it appears the repairs won’t be made, and further requests seem pointless, should the tenant try to bring a legal action for rent abatement. The tenant should then be prepared to prove: 1. The existence of a condition(s) affecting safety, health or the fitness of the dwelling as a place to live. (108) 2. The landlord was notified, knew, or should have known, about the defective condition(s). (109) 3. The landlord failed to repair the defective condition(s), or make adequate repairs, after having a reasonable time to do so. (110) Although it is unclear under present Minnesota law how the amount of rent reduction (damages or money) should be determined, the tenant may be able to recover either: 1. The difference in value between the condition the rental unit would have been in had the landlord met the landlord’s legal duty to make repairs and the actual condition of the dwelling without the repairs; or 2. The extent to which the use and enjoyment of the dwelling has been decreased because of the defect. The tenant may sue for rent reduction in conciliation court if the amount the tenant is seeking is less than the maximum amount the conciliation court has jurisdiction to decide. If the tenant’s claim exceeds the conciliation court maximum, a lawsuit would have to be brought in district court or the amount the tenant is asking for would have to be reduced to the jurisdictional limit of conciliation court. (Effective August 1, 2012, claims of up to $10,000 can be decided in conciliation court. This amount increases to $15,000 effective August 1, 2014.)
18