Written By:Mike Vraa
HOME Line published this article on October 15, because it is an important day of the year for heat issues. Most cities in Minnesota that have rental heat codes go into effect on or before October 15. There is no statewide heat code requirement. Minnesota cities regulate heat codes. Here is a list of city requirements that is current as of 12/16.
Here at our free statewide tenant hotline, lack of heat is a top ten reason for calls during the cold weather months. Lack of heat can freeze pipes and result in very large repair costs. Lack of heat can also be dangerous and even deadly. Tenants may try to generate heat on their own using space heaters or an oven. Ovens, especially when used to generate heat, create a significant risk for fires that can end in fatalities. Even space heaters pose a fire risk. They shouldn’t be used as a primary heating source.The first thing we always ask when a tenant reports no heat or a lack of heat is, “How cold is it?” It’s critical that the tenant measure the actual temperature in several rooms at different times of day without using space heaters or the oven to attempt to heat the rental unit. A tenant should consider purchasing an inexpensive thermometer that can be moved from room to room.
In most cities with heat codes, it is required that the temperature be maintained at 68 degrees Fahrenheit in the middle of the room and a few feet off the floor. Tenants should set the thermometer on a table and away from a door, window, or wall. There are no specific rules about what happens if the temperature drops below 68 degrees. Based on how courts and city inspectors have dealt with this issue over the years, HOME Line has basic advice depending on the temperature.
Between 65-68: While this temperature can be very uncomfortable, it probably doesn’t rise to an emergency level. In this situation, we would probably advise that the tenant either call their local city inspector (if they have one) or demand that the landlord solve the lack of heat issue in writing or both. Our 14-day letter is a good start. After 14 days or the landlord’s failure to meet an inspector’s deadline, the tenant would have the right to file a Rent Escrow court case (around $70 unless the tenant qualifies for a fee waiver called an IFP) if the problem isn’t resolved.
Between 60-65: This is the gray zone. Is it an emergency or not? A tenant would certainly have the right to go forward with the 14-day letter or call a city inspector. In HOME Line’s experience, city inspectors prioritize lack of heat and other life threatening issues such as gas leaks or carbon monoxide. If a tenant mentions they recorded the temperature at 61 degrees, the inspector might move them to the top of the list.
Under 60: At this point, the tenant has a new option. They can threaten an Emergency Tenant Remedies Action (or ETRA for short). An ETRA is a lawsuit similar to a Rent Escrow but that moves very quickly. To file, the tenant must first notify the landlord in a specific way. The tenant can give the notice on a voicemail, an email, or even a text message. The tenant states the problem and their intent to file the ETRA. They can say something like:
“Landlord, the furnace doesn’t seem to be working. I measured the temperature and it is fifty-eight degrees in the living room as of 8 p.m., despite the thermostat being turned all the way up. You have 24 hours to solve the problem, or I’m going to be forced to file an ETRA under Minnesota Statute 504B.381.” The notice can be written or verbal, so long as it is designed to reach the landlord.
After 24 hours, the tenant has the right to file the ETRA at their local courthouse. The filing fee is substantial for this case, roughly $300 (unless the tenant qualifies for a fee waiver called an IFP), but the case can be heard within a day or two of the case being filed. If the tenant wins the case, they should be able to recover their filing fee. The judge can order the landlord to solve the problem and even pay for a tenant to stay in a hotel until the apartment is habitable again. The tenants could still proceed with a 14 day letter or an inspector but the ETRA might get the fastest reaction from the landlord.
Lack of heat can range from uncomfortable to life-threatening. As a tenant, if you have an issue or concern about heat, call our free tenant hotline or email a HOME Line attorney about your specific situation.