Smoking Inside Apartment

We recommend that if you report smoking inside your apartment to file a maintenance request and to file a request for repairs letter. If you need help with any of this (especially printing), please email BurlingtonResidentAssociation@gmail.com.

This advice is based on the following guidance from HOME Line:

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The key thing is that the landlord must keep the property fit for the use intended and in reasonable repair. They must generally live up to their promises under the lease. If they promise a no-smoking building then they have to live up to that. The smoking from other neighbors is keeping it from being fit for the use intended.

Your best course of action is probably to file a rent escrow action. A rent escrow action is a court case you file where you pay your rent to court instead of the landlord. It is your job to show the court how the landlord is failing to make repairs. The court can order the landlord to make repairs and award you a discount on rent. The court can even let you make the repairs and deduct the costs from the rent.

The first step is to send the landlord a letter giving them notice of the repair issue. Statute requires you give them 14 days to make the repair. If you have already sent a letter or email then the clock is already ticking. It isn't required that the letter say 14 days, just that 14 days pass from your written notice until you file.

Here's a link to the court forms you will need to file:

https://www.mncourts.gov/mncourtsgov/media/CourtForms/HOU302_Current.pdf?ext=.pdf