No heat in the winter

[Grant]

Jurisdiction

Minnesota

I signed a lease in October 2022, and the heat didn't turn on October 14th. The landlady uses centerpoint service plus for repairs because she pays monthly and the techs come out for free due to her subscription.

However, we are on service plus schedule and they can't come out right away; 3, 5 10 days later... The furnace turns on and off randomly, intermittently.

They come out and reset the furnace, or order parts and eventually get it on. Though it shuts down randomly, sometimes an hour after the tech leaves.

We went 54 days without heat that was reported to the landlord. More days not reported because we wake up to the house warming up. During March I would send her a daily photo of the stat showing 58° and she stopped responding.

Are these 54 days considered uninhabitable?
How long does she have to repair this during the cold winter rule?
She provided two small space heaters the size of a pint of juice for a 3k Sq ft house.

I'm located in Minnesota, hennepin county and looking for advice for conciliation court; and willing to hire representation if the cost makes sense for small claims...

Attached are screen grabs of furnace outage.

Let me know your thoughts!
Thanks

 

[army judge]

Let me know your thoughts

If you're a renter and there's an issue inside or outside your rental unit, contact Minneapolis 311. You'll need to provide:

Your address
Your phone number
A description of the issue
Information on what you've done so far to ask your landlord or property manager to fix the issue
An inspector will visit to see if the issue violates housing code. If it does, the inspector will send a letter to the property owner or manager telling them what they need to fix.

Rental unit issue

Fill out the form below to file a complaint of a problem in your apartment or other rental unit. The fields with a red asterisk (*) are required.

If you want to complain about something in your neighborhood (other than the building you live in), please fill out a Private Property Code Violation form using the web address below.

Private property code violation

You can also email your concerns to authorities

Minneapolis311@minneapolismn.gov

Phone

311 or 612-673-3000

Landlord Responsibilities in Minnesota
Landlords in Minnesota are required to provide a habitable dwelling and make all requested repairs within 14 days. If landlords do not make requested repairs in that timeframe, then tenants are allowed to file a rent escrow action and the judge can give permission to allow the tenant to use the funds to make the repairs and deduct the cost from the rent escrow account. Tenants may choose to withhold rent and place the rent payments into an escrow account until the landlord is able to make the repairs.

Here is a list of essential amenities that landlords in Minnesota may or may not be responsible for:

Issue Landlord Responsibility?
Dwelling structure Not addressed
Water Yes
Provide working HVAC equipment Heat required
Electricity Not addressed
Railing and staircase Not addressed
Plumbing/sanitation Yes
Garbage removal Not addressed
Smoke detectors Not addressed
Mold Not addressed

Minnesota Landlord Tenant Laws [2023 ]: Renter's Rights & FAQs

 

[adjusterjack]

Are these 54 days considered uninhabitable?

No. Uninhabitable means you pack up and leave because it's, well, uninhabitable. You lived in the place. If you can live in the place, it's inconvenient but not uninhabitable.

That's not saying there aren't consequences to the owner if reported to the proper authorities.

 

[zddoodah]

Are these 54 days considered uninhabitable?

No.

How long does she have to repair this during the cold winter rule?

Not sure what "the cold winter rule" means.

When does your lease expire?

 

[Grant]

No. Uninhabitable means you pack up and leave because it's, well, uninhabitable. You lived in the place. If you can live in the place, it's inconvenient but not uninhabitable.

That's not saying there aren't consequences to the owner if reported to the proper authorities.

That's what I was thinking, but I had a 5 min consultation with an attorney who said it unhabitable- I can't use him cause he charge 750/hour

 

[Grant]

If you're a renter and there's an issue inside or outside your rental unit, contact Minneapolis 311. You'll need to provide:

Your address
Your phone number
A description of the issue
Information on what you've done so far to ask your landlord or property manager to fix the issue
An inspector will visit to see if the issue violates housing code. If it does, the inspector will send a letter to the property owner or manager telling them what they need to fix.

Rental unit issue

Fill out the form below to file a complaint of a problem in your apartment or other rental unit. The fields with a red asterisk (*) are required.

If you want to complain about something in your neighborhood (other than the building you live in), please fill out a Private Property Code Violation form using the web address below.

Private property code violation

You can also email your concerns to authorities

Minneapolis311@minneapolismn.gov

Phone

311 or 612-673-3000

Landlord Responsibilities in Minnesota
Landlords in Minnesota are required to provide a habitable dwelling and make all requested repairs within 14 days. If landlords do not make requested repairs in that timeframe, then tenants are allowed to file a rent escrow action and the judge can give permission to allow the tenant to use the funds to make the repairs and deduct the cost from the rent escrow account. Tenants may choose to withhold rent and place the rent payments into an escrow account until the landlord is able to make the repairs.

Here is a list of essential amenities that landlords in Minnesota may or may not be responsible for:

Issue Landlord Responsibility?
Dwelling structure Not addressed
Water Yes
Provide working HVAC equipment Heat required
Electricity Not addressed
Railing and staircase Not addressed
Plumbing/sanitation Yes
Garbage removal Not addressed
Smoke detectors Not addressed
Mold Not addressed

Minnesota Landlord Tenant Laws [2023 ]: Renter's Rights & FAQs

Thanks for the response. It's warmer out not so it's not an issue, just looking for advice on a route for compensation. I contacted my city, and they said small claims. At this point. I contacted attorney general and they said small claims...

 

[Zigner]

No. Uninhabitable means you pack up and leave because it's, well, uninhabitable. You lived in the place. If you can live in the place, it's inconvenient but not uninhabitable.

Minnesota has specific laws relating to the habitability of rental property, which are located within Ch. 504B MN Statutes.
Section 504B.161 addresses the landlord's responsibility for properly maintaining the unit. Section 504B.131 address habitability. Sections 504B.381 and 504B.385 address tenant remedies in situations such as the OP has encountered.