Residential Lease Case Study

We have been retained to represent Sandra Swenson (“Swenson”) with respect to her residential lease for the lower unit located at 2909 West 43rd Street, Minneapolis, Minnesota 55410 (the “Apartment”). Please direct all future communications regarding Swenson’s use and occupancy of the Apartment to our attention.

Swenson entered into a Residential Lease (the “Lease”) with you for the Apartment on May 20, 2016. The Lease term runs from May 20, 2016, through May 31, 2018. Pursuant to the terms of the Lease, Swenson is entitled to full use and enjoyment of the Apartment. This includes, but is not limited to, full use and enjoyment of the appliances, utilities, basement storage unit, and garage stall. Additionally, the Lease specifies that Swenson is entitled to quiet enjoyment of the Apartment.

We are writing to advise you that your conduct towards Swenson violates the terms of the Lease, and may also violate Minnesota law. For example, you have interfered with

Swenson is well within her rights under the Lease to allow her son to visit her at various times throughout the year. (Indeed, we find nothing in the Lease that would allow you to prohibit Swenson from having guests for any duration.)

Finally, we note that there have been several “livability” issues that should be resolved. For example, Swenson reports that you have instructed her not to use hot water when washing her laundry. But neither the Lease nor Minnesota law allow you to prohibit Swenson from using hot water for any purpose. We also note that you have told Swenson that she cannot listen to the radio in the Apartment. Swenson has the right to listen to music in the Apartment at a reasonable volume, so you cannot prohibit her from using a radio or any other electronic device.

Accordingly, we demand that you immediately cease and desist the following