STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT COURT

COUNTY OF HENNEPIN FIRST DIVISION, MINNEAPOLIS

-----------------------------------------------------------------------------------------------------------------

DIANA PERSON,

Plaintiff (Tenant),	RENT ESCROW

DECISION & ORDER

-vs-	Case No. UD-1920604543

TORCHWOOD MANAGEMENT,

Defendant (Landlord).

------------------------------------------------------------------------------------------------------------------

The above-entitled matter came on before the undersigned, Referee of Housing Court, on the 26th day of June, 1992, on an Affidavit for Escrow of Rent.

Diana Person, plaintiff herein, appeared without counsel; Peter Stork, agent for Torchwood Management, appeared without counsel.

FINDINGS OF FACT

1. That the Plaintiff, Diana Person, leases residential premises from the defendant situated at 763 Northglen Drive, City of Bloomington, Minnesota 55420.

2. That the plaintiff pays to the defendant as and for the rent of said premises the amount of $123.00 per month.

3. That the plaintiff has caused to be deposited with the Court the amount of $123.00 representing rent for the month of June, 1992.

4. That the plaintiff gave written notice of violations to the defendant on or about April 13, 1992.

5. That the following violations existed at the property from February to May, 1992: Loud and abusive language by neighboring, tenants, noisy parties, unjustified harassment by other tenants and failure of landlord to effectively abate the nuisance.

CONCLUSIONS OF LAW

1. That the plaintiff's use and enjoyment of the premises has been adversely affected and the same amount to a breach of Minnesota Statute § 504.18.

NOW, THEREFORE, IT IS HEREBY ORDERED:

1. That the rent in the amount of $123.00 per month is retroactively abated by $25.00 per month for the months of February, March, April and May, 1992 or $100.00 total; of the $123.00 posted for June, $100.00 to be release to plaintiff, $$23.00 to defendant. July posted rent to be released to defendant.

LET JUDGMENT BE ENTERED FOR PLAINTIFF.

THAT THE ATTACHED MEMORANDUM IS MADE A PART HEREOF.

RECOMMENDED BY:

Dated:	7-6-92	___/s/______________________

Thomas F. Haeg, Referee

BY THE COURT:

___/s/______________________

MEMORANDUM

The plaintiff, tenant, has proffered sufficient and convincing evidence of chronic problems that existed at the apartment complex where she resides. The problems include noisy parties, abusive language and harassment form neighboring tenants. Although the landlord was aware of the violations by oral and written notice by the plaintiff, the problems continued for the months in issue.

The defendant is in a position to take reasonable and good faith efforts to abate the nuisance which continued without interruption to the detriment of the plaintiff. This is not to aver that a landlord is an absolute guarantor or insurer that the premises will be quiet to the satisfaction of every single tenant in the complex. Certainly, as was the case of several of the complaints, the landlord has no dominion over a baby who may be screaming at odd hours of the night. Nevertheless, the Court is more concerned about the deliberate behavior of the other tenants that caused a great deal of anxiety to the plaintiff. The law expects only that the landlord make reasonable and good faith efforts to remedy the situation. Here, this was not accomplished in a timely manner and the problems persisted.

TFH