Education for Justice FACT SHEET H-12 Fall 2009

EMERGENCY REPAIR PROBLEMS

WHAT IS AN EMERGENCY REPAIR PROBLEM?

An emergency repair problem means you have no:

· Running water

· Hot water

· Heat

· Electricity

· Bathroom use

· Basic services or facilities, like a missing door or lock, or missing windows.

A condemnation or intent-to-condemn notice is an emergency, since it means that the entire home is unlivable. Any order to move from an inspector in the city where you live can be an emergency, including if you are told to move because your landlord does not have a rental license.

WHAT SHOULD I DO?

Call the landlord right away. If the landlord will not make the repair or fix the problem causing the emergency, you can file an Emergency Tenant Remedies Action (ETRA). An ETRA is also called an emergency relief action. It is good to have an attorney to file an ETRA, but you can also do it on your own. Call your legal aid office for help or advice.

HOW DO I FILE AN EMERGENCY TENANT REMEDY ACTION (ETRA)?

To file an ETRA, fill out the attached form. You must try to tell the landlord 24 hours before you file. If you cannot reach the landlord, you can leave a message to give the 24 hour notice. After 24 hours, you can file the ETRA. If you cannot reach your landlord to give the 24 hour notice, go ahead and file. There is a filing fee. If you have a low income, you can fill out a fee waiver form (IFP form) instead of paying the fee. Bring proof of your low income, like pay stubs, or proof of government assistance. With an ETRA, you can get a court hearing very fast, usually within 3-5 business days. The court is likely to order the landlord to do the repairs and set a second court date to deal with rent and money damages.

WHAT CAN THE COURT ORDER?

You can ask the court to:

· Order the landlord to make the repairs right away.

· Let you make the repairs and take the cost off the rent.

· Choose someone else to make repairs or manage the property.

· Reduce the rent until repairs are made.

· Make the landlord pay for a motel, if you need to stay somewhere else.

· Make the landlord give you a different place to stay or pay your costs to move somewhere else.

You can ask the court for money damages like:

· Money back for rent you paid while the repair problems existed.

· Attorney’s fees.

· Any money you lost because of the problem, like eating out or paying to stay somewhere else – bring proof, like receipts or cancelled checks of what you paid.

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W. – Suite 101B

St. Paul, MN 55114

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STATE OF MINNESOTA

DISTRICT COURT

COUNTY OF

EMERGENCY TENANT

(Plaintiff (tenant)

REMEDY PETITION

Minn. Stat. 504B.381

vs.

FILE NO:

Defendant (Landlord)

Plaintiff states under oath:

1) My address is

2) My landlord’s name is

3) My landlord’s address is

4) The monthly rent is $

5) ¨

I notified the landlord that I was filing this action at least 24 hours before I filed.

I tried to notify the landlord that I was filing this action by:

6) I have an emergency involving the loss of running water, hot water, heat, electricity, sanitary facilities, or other essential services the landlord is responsible for. My emergency is:

7) Besides the emergency, my rental unit also has the following repair problems:

8) I respectfully ask the court to issue an order including the following:

Order the landlord to take care of the emergency right away.

Set a hearing to check on the landlord’s compliance with this order and to consider this other relief:

i. Order the landlord to make all the other necessary repairs.

ii. Reduce my rent to $

per month until the month after all the repairs are done.

For any repairs that the landlord does not get done by the Court’s deadline, authorize me to pay for the repairs myself and take it off future rent.

iii. Enter a judgment in my favor for $

To compensate me for rent paid while

there were repair problems, including attorney’s fees. Let me collect the judgment by taking it off my rent.

iv. If I am forced to move, order the landlord to put me into another apartment or to pay for temporary shelter and moving costs and to return my security deposit right away.

v. Other:

9) To the best of my knowledge, I am not filing this case for an improper reason, such as harassment or delay; my claims are supported by the law, and there is evidence for them. I know that I can be fined or sanctioned by the court if this statement is false.

Dated:

Signature

Daytime phone

Subscribed and sworn to me

this

day of

Notary Public