Management Pushing Snow Mound in Front of My Rented Garage

[sting9701]

My question involves landlord-tenant law in the State of: Minnesota.

I'll try to make it brief. It's stated in the lease that management agrees to cover all maintenance on the grounds, etc. For the past 2 months, now going on 3, they have plowed all the snow in front of my garage. I am unable to get my vehicle in and out of there. I have contacted them several times about this over the past 2 months, since early December.

First, they said they'd take care of it so I let it go and it also kept snowing so I figured I'd give them a break. Time went by and late January, I spoke with someone about it and asked why it hadn't been removed and demanded action. The lady seemed very sincere and apologetic and said she would get it removed right away. She took my number and said she would call me that day. I never heard back. That was on Friday, 31JAN2011. The following Monday I left a message for the office and I wasn't exactly mannerly...though I didn't use any severe profanity as much as I wanted to. I told them that they should reimburse me for the past 2 months, and that I wasn't paying for the garage rent this month until the snow is removed. And again, I left my number and asked to be called back. I heard nothing.

My roomate is dropping the rent with them Monday and obviously I can see they will have a problem with me not paying, so my question is can anything be done here legally? They are breaking their own lease.

[Mr. Knowitall]

Your garage is leased along with your apartment? At a separate specified charge? Or is it leased separately?

[sting9701]

It is leased as a separate charge. $30 dollars. The rent is separate from it but is all paid together at the end of the month. It is optional to have one.

[aaron]

I think what the prior questions were trying to get at includes this: Is this an addition to your apartment lease (you have one lease), or is it a separate lease (you have two leases, one for the apartment and another for the garage)?

[sting9701]

It's all on the same lease. I'm 90% sure it's just one lease.

[Mr. Knowitall]

I don't know how hard a time your landlord will give you over withholding $30; some landlords will serve a notice to quit, yours may be willing to negotiate. It would be better for you if this were two separate leases as, absent lease language making a default on the garage lease a default on the residential lease (something that may not be possible in your state with a separate residential lease), the landlord wouldn't be able to evict you from your apartment for not paying on the separate garage lease.

Watch your language when you deal with these people, respect that your actions can affect your roommate, and try to work things out. If you get angry and use intemperate language, righteously or not, it's apt to cut off any discussion or negotiation.

[sting9701]

A lease is a contract...they are breaking their lease. So how is it that I am reduced to simply negotiating and hoping they comply? I did watch my language. I just made it abundantly clear the severity of the issue. They've been dancing around this for 3 months...they won't call me back. I don't know what else I can do, especially if I go in there and try to negotiate and they tell me no. I consulted my roommate about everything before hand as well. He is going to do negotiating for me today (Monday) in hopes of playing "good cop" so they don't have to deal with me.

[Mr. Knowitall]

Again, I don't know if they will, but they can serve you with formal notice that they'll evict you if you fail to pay the balance of your rent and many landlords will do exactly that if the rent is a penny short. You don't get to unilaterally decide that your lease has been breached and unilaterally devise a remedy to impose on your landlord - if you choose not to pay your rent you risk eviction. Minnesota does not have a 'repair and deduct' remedy for tenants, nor did you attempt a 'repair' by having the snow cleared or clearing it yourself. So you negotiate because an acceptable negotiated result is better than ending up in court.

[sting9701]

Clear it myself lol? Would you like me to post a picture...I don't think you know the size of the snow mound I speak of. Not to mention, it's frozen rock hard now. My roommate spoke to them. Their defense is that this is the first they are hearing about it, so they are unsympathetic....which is bs. I've told them 3-4 times. And I shouldn't have to tell them. It's common sense....you don't plow a snow mound in front of someone's garage.

So I will go in there tomorrow and speak again to them. Negotiating probably won't work. So again...I'm wondering is there is a small claims that can be had here. Granted...this is over 90 dollars, but it's principle. It's wrong. What good is a lease when they don't do good on their terms? So they pretty much can do whatever they like and I have no choice but to break the lease and move out. That doesn't make sense...