SECTION 6 UNINHABITABLE CONDITIONS INTRODUCTION

 

 WALLS OF SILENCE

ANIMAL CRUELTY PART 2

(Resulting Infestations)

Surviving Don Klyberg

SECTION 6 TITLE 6.4 BUG INFESTATION BITING BED BUGS, CARPET BEETLES AND FLEAS

Absentee property owner Don Klyberg and onsite property management team Rick Newmann & Anthony Anderson’s failure to enforce the Residential Lease Agreement equitably, respond to maintenance request promptly and maintain a fit, sanitary premises creates a daily, costly, isolating, unhealthy burden for tenant.

Imagine lying down, ready for sleep, and something invisible starts crawling on you, sinking its teeth into your skin. That quick, itching sting jolts you awake, and suddenly you’re scratching at bites you can’t even see. This wasn’t just an occasional nuisance—every night, these little invaders, too small to track down, would find their way to me. The only way to get a few hours of peace was to wrap myself tight, hoping the layers would keep them off, and even then, I was usually wrong.

The daytime wasn’t much better. I tried using my leather couch in the living room, a nice place for unwinding after a long day, right? But the moment I sat down, I could feel bites on my feet and calves—relentless, almost frantic. No matter how quickly I swatted, it seemed impossible to catch these invisible biters. On the last day I dared to sit there, I had to strip down completely and jump straight into the shower just to shake the sensation off. It was like something out of a horror story: parasites in your own home, where you should feel safest.

If that weren’t enough, there were baby roaches waiting their turn. Every time I sat down, the cracks between the couch cushions would open up, and, like clockwork, tiny roaches would start to crawl out. Soon after that discovery, I gave up on the living room altogether. If memory serves, it was around June when I quit the living room, though it might’ve been May—or maybe I stopped using the kitchen first, then the living room. Either way, by the summer, I was essentially confined to just a few parts of the unit, avoiding both spaces entirely. The kitchen, the living room, the dining area—all of it was off-limits, useless, except for the pleasure of feeding pests my flesh and challenging my blood pressure.

Here’s the real kicker: despite living in what I can only describe as a bug-infested, semi-functional apartment, I still paid full rent every month. I had to, by the terms of my lease. It doesn’t sit right—paying for a “home” while receiving a habitat. All I ask is fair rent for fair living space. If a major part of my unit became unusable because of pests beyond my control, shouldn’t I get something back? Rent, after all, is supposed to cover a livable space, a safe space. That’s not what I had. And the couch bugs? The ones that left me rushing to the shower to escape? I’m convinced they’re the same type I started catching between my bed sheets. There’s nothing worse than feeling like your own home is out to get you.

EVIDENCE

ALTARNATIVE EVIDENCE LINK [VIDEO]

Read Tenant Survival Guide To Pest Infestations

Subpart 1. Emotional and Practical Impacts of Infestations

Dealing with pests is not only physically demanding but can also be emotionally draining. Many tenants feel forced to part with beloved furniture or vacuum cleaners after using them for pest control, fearing that these items may harbor lingering pests. If you’re dealing with these feelings, know that it’s okay to prioritize your peace of mind over material possessions. Consider replacing infested items with pest-free alternatives to regain control over your living space.

Subpart 2. When Tenants Shouldn’t Have to Fight Alone

In most jurisdictions, landlords are legally required to maintain habitable living conditions, which includes addressing pest infestations. Common laws violated by landlords who fail to act include:

• Breach of Implied Warranty of Habitability: This legal doctrine requires landlords to provide a livable space free of health hazards, including pest infestations.
• Local Housing Codes: Many municipalities enforce housing codes that mandate pest control. Failure to comply can result in fines or penalties.
• Negligence Laws: If a landlord’s inaction directly causes or worsens an infestation, tenants may have grounds for legal action.

View Medical Environmental Impact Statement

Subpart 3. Legal Responsibilities of Landlords My Rights

I have rights under local, state, and federal laws to ensure my home is safe and habitable. Unfortunately, the real estate company has refused to address serious issues, including multiple tenants keeping animals that leave waste in the common areas, failing to call exterminators to address a pest infestation, and neglecting necessary repairs like fixing my leaking refrigerator. These actions not only violate my lease but also compromise my health and safety.

Subpart 4. Discriminatory Refusal to Enforce Residential Lease Agreement Clauses

SECTION 13: TENANT’S MAINTENANCE RESPONSIBILITIES

“Tenant agrees to maintain the residence, in a clean and sanitary manner and, upon termination of the tenancy, return the premises to Landlord in condition identical to which existed when tenant took occupancy, except for normal wear and tear and any additions or alterations authorized by Landlord. Tenant also agrees to immediately notify Landlord of any defects or dangerous conditions in and about the premises of which tenant becomes aware and to reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by tenant or tenants guest or invitees through misuse, accident or neglect.”

SECTION 16: PETS

“Tenant will keep no domestic or other animals on the premises, even temporarily, except properly trained dogs needed by blind, deaf or disabled persons and only under the following conditions: Resident is responsible to pick up after the pets (no more than 2(two) pets allowed per unit) No exceptions.”

SECTION 23: RULES AND REGULATIONS

“Tenant agrees to comply with all rules and regulations of Landlord which are at any time posted on the premises and/or delivered to Tenant. Tenant will not, and will ensure that Tenant's guests and invitees will not: disturb, annoy, endanger, or interfere with Tenant's neighbors; use the premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband; violate any law or ordinance; commit waste (severe property damage); or be a nuisance on or about the premises.”

SECTION 24: DISCLOSURES

“Tenant acknowledges that Landlord has made the following disclosures regarding the premises: Residents must pick up after pets (pets must be on leash) Noise ordinance 98/TBH 9:00 PM-8:00 AM Fri-Sat 11:00 PM-8:00 AM.”

SECTION 26: GROUNDS FOR TERMINATION OF TENANCY

“The failure of Tenant or Tenant’s guests to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenant’s Rental Application, are grounds for termination of the tenancy, with appropriate notice to Tenant and procedures as required by law.”

SECTION 30: VALIDITY OF EACH PART

“If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect.”

SECTION 31: GOVERNING LAW

It is agreed that this Agreement will be governed by, construed and enforced in accordance with the laws of the state of Minnesota.

SECTION 32: ENTIRE AGREEMENT

“This document and any attachments constitutes the entire agreement between the parties. Any prior understanding of representation of any kind preceding the date of this agreement is here hereby superseded. Any modification to this agreement must be in writing and signed by landlord and tenant.”

View Entire Residential Lease Agreement

Subpart 5. Local Rights: County Ordinances and Health Codes

In Brown County, landlords are required to maintain properties in a way that meets public health and safety standards.

• Animal Waste in Common Areas: My landlord’s refusal to enforce the lease and address the accumulation of animal waste in shared spaces creates unsanitary conditions that violate local ordinances.
• Pest Infestations and Repairs: The leaking refrigerator in my unit is a clear health hazard, attracting pests by providing them with a water source. Landlords are responsible for ensuring that rental properties remain clean, safe, and habitable, and their failure to act likely breaches local health codes.

What I Can Do: I can report these violations to the Brown County Public Health Department or the local Housing Inspection Office. These agencies have the authority to inspect the property and compel my landlord to take action.

Subpart 6. Rights Under Minnesota State Law

Minnesota law protects tenants like me by holding landlords accountable for maintaining habitable housing.

• Covenant of Habitability: Under Minnesota Statute § 504B.161, Don Klyberg is required to keep the property in good repair and comply with health and safety laws. Allowing pest infestations and failing to fix a leaking refrigerator violate this statute.
• Tenant Remedies Action: If landlords fail to act after notice, tenants can withhold rent, repair and deduct costs, or even break the lease without penalty. However, these actions require strict adherence to notice requirements and legal procedures.

Subpart 7. Federal Rights I’m Protected Under

The U.S. Department of Housing and Urban Development (HUD) requires landlords participating in federal programs to comply with the Housing Quality Standards, which include pest control and maintenance. Although I am not certain if this property is federally subsidized, these standards underscore the basic right to a safe home.

I also have rights under federal laws that protect tenants from neglect and discrimination.

Fair Housing Act (FHA): The FHA ensures that landlords cannot discriminate against tenants based on disability, race, or national origin. Allowing my living conditions to deteriorate while refusing to address my concerns may violate this law.
Americans with Disabilities Act (ADA): While primarily focused on public spaces, the ADA could apply if my landlord’s neglect creates barriers that prevent me from safely using shared areas.
Section 504 of the Rehabilitation Act: If my housing is federally subsidized, my landlord’s refusal to address issues that disproportionately affect me as a disabled person could violate this law.

Actionable Steps: I can file a complaint with the U.S. Department of Housing and Urban Development (HUD) if I believe my landlord’s actions constitute discrimination. HUD investigates these cases and enforces housing laws.

Notice: Section 504 of Rehabilitation Act: On September 26, 2024, I met with local Housing Authority. I was informed that an unidentified male (likely City Inspector Steve Carson) reached out to the federally contracted HUD organization stating that the conditions on the premises were very bad; asking if there is anything that the Housing Authority could do: “He said the conditions were pretty bad in your property and asked if we could do anything; I told him No, there’s nothing we can do. I do remember there was a smell in the building at inspection.”

Subpart 8. Specific Issues I’m Facing

The conditions I’m dealing with go beyond inconvenience—they affect my health and safety:

1. Animal Waste in Common Areas: The landlord’s refusal to enforce the lease and address the accumulation of animal waste violates basic sanitation standards and creates a hazardous environment.

2. Leaking Refrigerator: This unresolved issue not only wastes energy but also attracts pests by providing them with a water source. This is a clear failure to meet habitability standards under state and local laws.

3. Pest Infestations: By neglecting to call an exterminator, the landlord is ignoring their legal obligation to address pest control and maintain safe living conditions.

Actionable Steps: I will document these issues with photos and written records of my complaints to the landlord. This evidence will be essential if I decide to take legal action or report these violations to local authorities.

Subpart 9. Rights as a Disabled Tenant

As a disabled tenant, I have additional rights under the law:

• Reasonable Accommodations: Don Klyberg is required to make reasonable accommodations to ensure my health and safety, including promptly addressing pest infestations and maintaining cleanliness in common areas.

• Protection from Retaliation: It is illegal for Don Klyberg or property management team Anthony Anderson and Rick Newmann to retaliate against me for asserting my rights, such as filing complaints or requesting repairs.

Subpart 10. Resources That Renters Can Turn To

To assert rights and hold Don Klyberg accountable, contact the following organizations:

1. County Public Health Department: To report health violations and housing code issues.

2. Minnesota Attorney General’s Office: To file a complaint about Don Klyberg’s violation of state laws.

3. Legal Aid Services of Minnesota: To get free legal assistance with housing disputes. (Absolutely Not.)

4. HUD (U.S. Department of Housing and Urban Development): To file a federal housing discrimination complaint if necessary.

By knowing rights and using the resources available, I ensure Don Klyberg and the property management team fulfill their obligations and provide a safe, habitable living environment—unless regulators “continue” to equitably enforce policy, regulations, and laws as they have done for forty-three years, resulting in my becoming a tenant of Don Klyberg in the first place. I am determined to take action to protect my well-being and hold them accountable for criminality, neglect, injuries, and damages.

Summary

Despite multiple complaints about pest infestations, pet waste, and repair neglect, absentee landlord Don Klyberg and his onsite management team Rick Newmann and Anthony Anderson have failed to act. This negligence has significantly impacted my health, safety, and quality of life. I am entitled to a habitable living space and have legal avenues to enforce my rights.

See Animal Cruelty Part 1