# tenant rights and ventilation



## RayWest (Jan 19, 2011)

Not sure where the best place to post this is, but I'm wondering about my rights as a tenant.

I have occupied a windowless basement space (approx. 1000 sq.ft.) on a month to month lease since March 1. It seemed perfect for my needs. In the former photo developing lab of an old art school. Water and great ventilation hoods in the space. I was told by a friend that had taught there that the school had put significant money into the ventilation system. At some point, a truck hit the motor/vent on the outside of the building, leaving it partially disconnected. Despite this, it was still drawing air and wa strong enough to hold a sheet of paper against the vent opening.

I asked on a regular basis about it being repaired, and was told …
- parts have been ordered, it will be fixed next week.
- we are still waiting on a bid for that.
- Not sure, have to look into it.
- Oh, I wasn't aware you were using that. (I had told them I was putting in a conveyor dryer.)
- New upstairs tenant are putting their restaurant's kitchen above you, let's see what they do.

Until yesterday I arrive at work and find two guys removing the vent/motor. They tell me it's just being removed.

I call the guy I leased from and he's telling me the upstairs tenant takes precedence over my needs and he can try to put me in touch with their HVAC guy, but that's not something the building owner would pay for.

Lease does say, "Landlord does covenant to be responsible for structural repairs and maintenance of the Building including roofs, walls, floors, foundations, gutters, HVAC, electrical, elevator, plumbing, water, sewer and other systems …" but, as I'm on a month to month, I feel like they can just tell me to hit the bricks.

What can I do? Can I demand a reduction in rent? A reimbursement of back rent? I'm located in Minnesota.

I could call a city inspector, but could they do the same thing and bring a bunch of grief on me for the inks and solvents that I use? I use all Franmar products and Union Ink plastisol. I use a homemade filtration system, that I feel is very efficient.

Any advice?

Thanks,


Ray


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## wormil (Jan 7, 2008)

The only choices I see are move out or hire a lawyer but that will cost more than it's worth for a month to month agreement with no guarantee of winning. Practical choice is that you move to a new location or install your own ventilation and ask for something back on the rent for adding an improvement (get it in writing if they agree).


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## joe83 (Apr 26, 2013)

I work for a property management company. I been working here for 11 years. In our lease agreement the company has a clause/paragraph that specifies that the tenant gets the unit/property *as is*.

I would recommend you to double check to see if your lease has a clause/paragraph like that. I don't want to discourage you, but I have gone to court here in texas where the judge will question why is now an issue and why do you feel like you should be compensated. So be ready with a very good argument if you choose to go to court. In my opinion "I just realized I could had had it all along" won't cut it. But is up to you. 

What usually makes the company I work with make repairs or add "extras" is when a tenant decides to not renew the lease anymore. And the company doesn't want to go thru the hassle of filling a vacancy when we already have a good tenant in place. But it may backfire if the company thinks it can lease the same unit/property quickly for a higher price.

I reside in Texas so the landlord-tenant laws might be different from where you reside. Lunch is over, good luck.


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## charles95405 (Feb 1, 2007)

Joe...pretty good advice for Texas AND if the OP had lease...according to him, he is on a month to month rental. In most states month to month can be told to move after proper notice. 
RAY...if you do not have proper permits for the business you do and your disposal of material does not meet local requirements, I sure would not bring in local government officials. I think your best option may be to start looking for a new place to set up. JMO


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## binki (Jul 16, 2006)

If you are month to month you don't have a lease. The only thing you can do is to fix it yourself and take it off of your rent. Or you can deposit your rent in an escrow account until it is fixed. You will need to brush up on Genentech laws in your area.


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## joe83 (Apr 26, 2013)

Even if is month to month he still has to abide by the lease. I always tell my friends and family to read the leases entirely and to abide by them.

Here in Bexar county, Texas if you wrongfully use your deposit as the last month's rent you can be liable for *three times of the rent* wrongfully unpaid. Section 92.108, Property Code. It is much better to wait and sue the landlord if it wrongfully keeps your deposit.

And while the law is tricky on when you can rightfully make your own repairs using rent money. *In essence is when the condition of the unit/property affects the health and well being of the tenant*, in order for it to stand in court you must have the dwelling inspected by the appropriate local housing, building, or health official who must then notify the landlord, in writing, that the condition materially affects the health or safety of the tenant. 

But in theory, if (1) the city code inspector certifies in writing to the landlord that the condition materially affects your health and safety (or the problem fits within an exception); (2) the landlord has not made a diligent effort to make the repair after you have given proper written notice and you are caught up on your rent; and (3) you have sent another written notice indicating you intend to repair the premises (and specify what you intend to have done) and deduct the cost; then you may have the repair made by a company, contractor, or repairman.

The total cost of the repair cannot exceed one month's rent or $500, whichever is greater. If you deduct the cost of the repair from the rent payment, you must provide the landlord with a copy of the repair bill and the receipt for its payment along with the rental payment remaining after the deduction.

*Nitty gritty- Short answer*
At least here in Bexar county Texas. If you can't extensively justify the repair, and withhold rent to repair it. You owe the landlord 3 times the amount of rent "wrongfully" withheld.

Read your lease, seek legal advice. If you cant afford a real estate lawyer, maybe seek advice pro Bono or from a recently graduated lawyer. And see if they advice that you have a solid case.

P.S. I am not a lawyer, do not take my posts as legal advice.


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## wormil (Jan 7, 2008)

joe83 said:


> You owe the landlord 3 times the amount of rent "wrongfully" withheld.


And it's probably legal for the landlord to shoot you just for annoying him/her but the OP lives in St. Paul, MN.

Office of Minnesota Attorney General Lori Swanson - Landlords and Tenants: During The Tenancy

Scroll down to "repair problems".


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## royster13 (Aug 14, 2007)

it does not look like commercial tenancies are covered by that act.....


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## joe83 (Apr 26, 2013)

wormil said:


> And it's probably legal for the landlord to shoot you just for annoying him/her but the OP lives in St. Paul, MN.
> 
> Office of Minnesota Attorney General Lori Swanson - Landlords and Tenants: During The Tenancy
> 
> Scroll down to "repair problems".


Thank you, it was a good read. Seems less complicated than the one from Texas.

I believe OP's unit/location already had the pre-existing condition, and he will still need to get it inspected to see if is a code violation, maybe even before considering the escrow route. But Royce might be right, this is a commercial tenancy after all, laws and code might be completely different to non-commercial leases.


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## Techprint (Dec 20, 2012)

SIDE COMMENT

I Just got a building that I am leasing, Around how much do you guys pay the HVAC people to come in and install? is it in the 10,000+ range? Did they run it to the top?


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## RayWest (Jan 19, 2011)

Thanks for the input all. I found a very nice space, much closer to home. It's more expensive, but you get what you pay for. I'm signing the lease tomorrow. The owner of the original space have said that they'll let me out whenever, without the 30 day notice. But, the new spot won't be ready until Oct, so I'll just try to breath shallowly until then!


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