HF 3591

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 04:36pm

A bill for an act
relating to housing; amending provisions relating to residential housing leases;
providing for landlord and tenant rights and obligations; making clarifying,
technical, and conforming changes to landlord and tenant provisions; amending
Minnesota Statutes 2022, sections 504B.001, subdivisions 5, 14, by adding a
subdivision; 504B.101; 504B.111; 504B.115, subdivision 1; 504B.116; 504B.118;
504B.131; 504B.141; 504B.145; 504B.151, subdivision 1; 504B.161, subdivisions
2, 4, by adding subdivisions; 504B.173, subdivision 4; 504B.175, subdivision 4;
504B.177; 504B.178, subdivisions 7, 10; 504B.181, by adding a subdivision;
504B.185, subdivision 2, by adding a subdivision; 504B.195, subdivisions 1, 5,
by adding a subdivision; 504B.204; 504B.205, subdivision 5; 504B.231; 504B.261;
504B.265, by adding a subdivision; 504B.271, subdivision 2; 504B.285, by adding
a subdivision; 504B.315; 504B.391, subdivision 1; 504B.395, subdivisions 1, 4;
Minnesota Statutes 2023 Supplement, sections 504B.161, subdivision 1; 504B.375,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 504B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 504B.001, subdivision 5, is amended to read:

Subd. 5.

Housing-related neighborhood organization.

"Housing-related neighborhood
organization" means a nonprofit corporation incorporated under chapter 317A that deleted text begin :
deleted text end

deleted text begin (1) designates in its articles of incorporation or bylaws a specific geographic community
to which its activities are limited; and
deleted text end

deleted text begin (2) deleted text end is formed new text begin in part new text end for the purposes of promoting deleted text begin community safety, crime prevention,
and deleted text end housing quality in a nondiscriminatory manner.

For purposes of this chapter, an action taken by a neighborhood organization with the
written permission of a residential tenant means, with respect to a building with multiple
dwelling units, an action taken by the neighborhood organization with the written permission
of new text begin one of new text end the residential tenants deleted text begin of a majority of the occupied units deleted text end .

Sec. 2.

Minnesota Statutes 2022, section 504B.001, subdivision 14, is amended to read:

Subd. 14.

Violation.

"Violation" means:

(1) a violation of any state, county or city health, safety, housing, building, fire prevention,
or housing maintenance code applicable to the building;

(2) a violation of deleted text begin any of the covenants set forth in section 504B.161, subdivision 1,
clause (1) or (2), or in section 504B.171, subdivision 1 deleted text end new text begin this chapter new text end ; deleted text begin or
deleted text end

new text begin (3) a violation of any federal, state, county, or city laws protecting tenants from
discrimination;
new text end

new text begin (4) a violation of any applicable tenant rights and landlord obligations for public and
subsidized tenancies under local, state, or federal law; or
new text end

deleted text begin (3) deleted text end new text begin (5) new text end a violation of an oral or written agreement, lease, or contract for the rental of a
dwelling in a building.

Sec. 3.

Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Abandonment. new text end

new text begin (a) "Abandonment of tenancy" means the intentional and
voluntary absolute relinquishment of premises by the residential tenant.
new text end

new text begin (b) "Abandonment of personal property" means a residential tenant leaving some of the
tenant's personal property on the premises after permanently vacating the property.
new text end

Sec. 4.

Minnesota Statutes 2022, section 504B.101, is amended to read:

504B.101 DISTRESS FOR RENT.

The remedy of distress for rent is abolished. new text begin The requirements of this section may not
be waived or modified by the parties to a residential lease. Any provision, whether oral or
written, of a lease or other agreement by which any provision of this section is waived by
a tenant is contrary to public policy and void. The tenant shall recover from the landlord
treble, actual, and consequential damages or $1,000, whichever is greater, and reasonable
attorney fees, for a violation of this section.
new text end

Sec. 5.

Minnesota Statutes 2022, section 504B.111, is amended to read:

504B.111 WRITTEN LEASE REQUIRED; PENALTY.

new text begin (a) new text end A landlord of a residential building with 12 or more residential units must have a
written lease for each unit rented to a residential tenant. The written lease must identify the
specific unit the residential tenant will occupy before the residential tenant signs the lease.
Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask
for the tenant's full name and date of birth on the lease and application. A landlord who fails
to provide a lease, as required under this section, is guilty of a petty misdemeanor.

new text begin (b) The tenant shall recover from the landlord treble, actual, and consequential damages
or $500, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 6.

Minnesota Statutes 2022, section 504B.115, subdivision 1, is amended to read:

Subdivision 1.

Copy of written lease to tenant.

Where there is a written lease, a landlord
must give a copy to a tenant occupying a dwelling unit whose signature appears on the lease
agreement. The landlord may obtain a signed and dated receipt, either as a separate document
or an acknowledgment included in the lease agreement itself, from the tenant acknowledging
that the tenant has received a copy of the lease. This signed receipt or acknowledgment is
prima facie evidence that the tenant has received a copy of the lease. new text begin The landlord must
provide the copy of the lease agreement with 14 days of the tenant's written request. The
tenant shall recover from the landlord treble, actual, and consequential damages or $250,
whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 7.

Minnesota Statutes 2022, section 504B.116, is amended to read:

504B.116 PRORATED RENT REQUIRED.

(a) When a lease term for a residential unit ends on a date before the last day of the final
month, the amount of rent to be paid for the final month owed for the final month of rent
must be prorated at the average daily rate for that month so that the tenant only pays for the
actual number of days that occupancy is allowed. This provision applies to all leases,
including leases requiring the last month of rent to be paid in advance. Any attempted waiver
of this section by a landlord and tenant, by contract or otherwise, shall be void and
unenforceable. new text begin The tenant shall recover from the landlord treble, actual, and consequential
damages or $500, whichever is greater, and reasonable attorney fees, for a violation of this
section.
new text end

(b) For purposes of this section, prorated rent must be calculated using the actual number
of calendar days for the calendar month in which the lease expires.

Sec. 8.

Minnesota Statutes 2022, section 504B.118, is amended to read:

504B.118 RECEIPT FOR RENT PAID IN CASH.

A landlord receiving rent or other payments from a tenant in cash must provide a written
receipt for payment immediately upon receipt if the payment is made in person, or within
three business days if payment in cash is not made in person. new text begin Any attempted waiver of this
section by a landlord and tenant, by contract or otherwise, shall be void and unenforceable.
The tenant shall recover from the landlord treble, actual, and consequential damages or
$250, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 9.

Minnesota Statutes 2022, section 504B.131, is amended to read:

504B.131 RENT LIABILITY; UNINHABITABLE BUILDINGS.

A tenant or occupant of a building that is destroyed or becomes uninhabitable or unfit
for occupancy through no fault or neglect of the tenant or occupant may vacate and surrender
such a building. A tenant or occupant may expressly agree otherwise except as prohibited
by section 504B.161. new text begin Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable. The tenant shall recover from the
landlord treble, actual, and consequential damages or $1,000, whichever is greater, and
reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 10.

Minnesota Statutes 2022, section 504B.141, is amended to read:

504B.141 URBAN REAL ESTATE; HOLDING OVER.

When a tenant of urban real estate, or any interest therein, holds over and retains
possession after expiration of the lease without the landlord's express agreement, no tenancy
for any period other than the shortest interval between the times of payment of rent under
the terms of the expired lease shall be implied. new text begin Any attempted waiver of this section by a
landlord and tenant, by contract or otherwise, shall be void and unenforceable. The tenant
shall recover from the landlord treble, actual, and consequential damages or $250, whichever
is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 11.

Minnesota Statutes 2022, section 504B.145, is amended to read:

504B.145 RESTRICTION ON AUTOMATIC RENEWALS OF LEASES.

new text begin Subdivision 1. new text end

new text begin Automatic renewal. new text end

Notwithstanding the provisions of any residential
lease, in order to enforce any automatic renewal clause of a lease of an original term of two
months or more which states, in effect, that the term shall be deemed renewed for a specified
additional period of time of two months or more unless the tenant gives notice to the landlord
of an intention to quit the premises at the expiration of the term due to expire, the landlord
must give notice to the tenant as provided in this section. The notice must be in writing and
direct the tenant's attention to the automatic renewal provision of the lease. the notice must
be served personally or mailed by certified mail at least 15 days, but not more than 30 days
prior to the time that the tenant is required to furnish notice of an intention to quit.

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin If the landlord does not comply with the notice requirements of this
statute, the tenant may choose to terminate the lease on the last day of the lease without
further notice unless a new agreement is reached by the parties.
new text end

new text begin Subd. 3. new text end

new text begin Waiver prohibited. new text end

new text begin Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable. The tenant shall recover
from the landlord treble, actual, and consequential damages or $500, whichever is greater,
and reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 12.

Minnesota Statutes 2022, section 504B.151, subdivision 1, is amended to read:

Subdivision 1.

Limitation on lease and notice to tenant.

(a) Once a landlord has
received notice of a contract for deed cancellation under section 559.21 or notice of a
mortgage foreclosure sale under chapter 580 or 582, or summons and complaint under
chapter 581, the landlord may only enter into (i) a periodic residential lease agreement with
a term of not more than two months or the time remaining in the contract cancellation period
or the mortgagor's redemption period, whichever is less or (ii) a fixed term residential
tenancy not extending beyond the cancellation period or the landlord's period of redemption
until:

(1) the contract for deed has been reinstated or paid in full;

(2) the mortgage default has been cured and the mortgage reinstated;

(3) the mortgage has been satisfied;

(4) the property has been redeemed from a foreclosure sale; or

(5) a receiver has been appointed.

(b) Before entering into a lease under this section and accepting any rent or security
deposit from a tenant, the landlord must notify the prospective tenant in writing that the
landlord has received notice of a contract for deed cancellation or notice of a mortgage
foreclosure sale as appropriate, and the date on which the contract cancellation period or
the mortgagor's redemption period ends.

(c) This section does not apply to a manufactured home park as defined in section
327C.015, subdivision 8.

(d) deleted text begin A landlord who violates the requirements in this subdivision is liable to the lessee
for a civil penalty of $500 deleted text end new text begin Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable. The tenant shall recover from
the landlord treble, actual, and consequential damages or $1,000, whichever is greater, and
reasonable attorney fees, for a violation of this section new text end , unless the landlord falls under the
exception in subdivision 2. The remedy provided under this paragraph is in addition to and
shall not limit other rights or remedies available to landlords and tenants.

Sec. 13.

new text begin [504B.153] TENANT ABANDONMENT OF DWELLING.
new text end

new text begin Subdivision 1. new text end

new text begin Abandonment. new text end

new text begin (a) If a residential tenant abandons a dwelling unit during
the lease term, the landlord shall make reasonable efforts to rent it at a fair rental value. If
the landlord rents the dwelling unit for a term beginning before the expiration of the rental
agreement, the agreement is terminated on the date the new tenancy begins. The rental
agreement is terminated by the landlord on the date the landlord has notice of the
abandonment if the landlord fails to use reasonable efforts to rent the dwelling unit at a fair
rental value or if the landlord accepts the abandonment as a surrender. The tenant shall not
be liable for rent after the termination of the tenancy.
new text end

new text begin (b) If the rental agreement was for a periodic tenancy or tenancy at will, the maximum
rent liability for the tenant is the notice period required to end the lease from the date the
landlord has notice of the abandonment.
new text end

new text begin Subd. 2. new text end

new text begin Waiver prohibited. new text end

new text begin Any waiver of the rights provided by this section shall be
void and unenforceable.
new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 504B.161, subdivision 1, is amended
to read:

Subdivision 1.

Requirements.

deleted text begin (a) deleted text end In every lease or license of residential premises, the
landlord or licensor covenants:

(1) that the premises and all common areas are fit for the use new text begin as advertised or promised
by the landlord or licensor, or otherwise new text end intended by the parties;

(2) to keep the premises new text begin and all common areas new text end in reasonable repair during the term of
the lease or license, new text begin including services and conditions listed in section 504B.381, subdivision
1, and extermination of insects, rodents, vermin, or other pests on the premises, new text end except when
the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant
or licensee or a person under the direction or control of the tenant or licensee;

(3) to make the premises new text begin and all common areas new text end reasonably energy efficient by installing
weatherstripping, caulking, storm windows, and storm doors when any such measure will
result in energy procurement cost savings, based on current and projected average residential
energy costs in Minnesota, that will exceed the cost of implementing that measure, including
interest, amortized over the ten-year period following the incurring of the cost;

(4) to maintain the premises new text begin and all common areas new text end in compliance with the applicable
health and safety laws of new text begin the United States, of new text end the state, and of the local units of government new text begin ,
including ordinances regulating rental licensing, new text end where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licensee; and

(5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from
October 1 through April 30, unless a utility company requires and instructs the heat to be
reduced.

deleted text begin (b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.
deleted text end

Sec. 15.

Minnesota Statutes 2022, section 504B.161, subdivision 2, is amended to read:

Subd. 2.

Tenant maintenance.

The landlord or licensor may agree with the tenant or
licensee that the tenant or licensee is to perform specified repairs or maintenance, new text begin including
snow removal and maintenance of the lawn and premises, new text end but only if the agreement is
supported by adequate consideration and new text begin the consideration is specifically new text end set forth in a
conspicuous writing. No such agreement, however, may waive the provisions of subdivision
1 or relieve the landlord or licensor of the duty to maintain common areas of the premises.

Sec. 16.

Minnesota Statutes 2022, section 504B.161, subdivision 4, is amended to read:

Subd. 4.

Covenants are in addition.

The covenants contained in this section are in
addition to any covenants or conditions imposed by law or ordinance or by the terms of the
lease or license new text begin and do not limit other rights or remedies which may be available to the
residential tenant and landlord new text end .

Sec. 17.

Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Remedies. new text end

new text begin If a landlord is in violation of this section, the tenant shall be entitled
to:
new text end

new text begin (1) treble, actual, and consequential damages, based on rent abatement for impairment
of use and enjoyment of the property for the period of the violation under section 541.05,
subdivision 1, and consequential damages, or $500, whichever is greater;
new text end

new text begin (2) in the case of a residential building or residential unit that has been condemned for
city or county housing code or rental licensing violations, treble, actual, and consequential
damages, based on the total rent for the period of the violation under section 541.05,
subdivision 1, and consequential damages, or $500, whichever is greater;
new text end

new text begin (3) in the case of violation of subdivision 2, treble, actual, and consequential damages,
based on adequate consideration for services performed by the tenant for the period of the
violation under section 541.05, subdivision 1, and consequential damages, or $500, whichever
is greater;
new text end

new text begin (4) treble, actual, and consequential damages or $500, whichever is greater, and
reasonable attorney fees, for a violation of this section;
new text end

new text begin (5) correction of violations by the landlord;
new text end

new text begin (6) at the tenant's option, full rescission of the lease and recovery of any damage deposit,
less any amount retained under section 504B.178;
new text end

new text begin (7) costs, disbursements, and reasonable attorney fees related to enforcement of this
section; and
new text end

new text begin (8) at the tenant's option, collection of awards under this subdivision as a credit against
current and future rents from the landlord.
new text end

Sec. 18.

Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Enforcement. new text end

new text begin A residential tenant may enforce the provisions of this section
in actions under sections 504B.281 to 504B.371, 504B.381, 504B.385, and 504B.395 to
504B.471, and other civil actions.
new text end

Sec. 19.

Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Waiver prohibited. new text end

new text begin Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable.
new text end

Sec. 20.

Minnesota Statutes 2022, section 504B.173, subdivision 4, is amended to read:

Subd. 4.

Remedies.

(a) deleted text begin In addition to any other remedies, a landlord who violates this
section is liable to the applicant for the applicant screening fee plus a civil penalty of up to
$100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy. deleted text end new text begin
Any attempted waiver of this section by a landlord and tenant, by contract or otherwise,
shall be void and unenforceable. The tenant shall recover from the landlord treble, actual,
and consequential damages or $1,000, whichever is greater, and reasonable attorney fees,
for a violation of this section.
new text end

(b) A prospective tenant who provides materially false information on the application
or omits material information requested is liable to the landlord for damages, plus a civil
penalty of up to $500, civil court filing costs, and reasonable attorney fees.

Sec. 21.

Minnesota Statutes 2022, section 504B.175, subdivision 4, is amended to read:

Subd. 4.

Remedies.

deleted text begin In addition to any other remedies, a landlord who violates this section
is liable to the payor of the prelease deposit for the amount of the deposit paid, plus one-half
of that amount as a penalty. A landlord who enters into a rental agreement with a tenant is
not liable under this section unless the landlord failed to comply with subdivision 3. deleted text end new text begin Any
attempted waiver of this section by a landlord and tenant, by contract or otherwise, shall be
void and unenforceable. The tenant shall recover from the landlord treble, actual, and
consequential damages or $1,000, whichever is greater, and reasonable attorney fees, for a
violation of this section, and at the tenant's option, full rescission of the lease and recovery
of any damage deposit less any amount retained under section 504B.178.
new text end

Sec. 22.

Minnesota Statutes 2022, section 504B.177, is amended to read:

504B.177 LATE FEES.

(a) A landlord of a residential building may not charge a late fee if the rent is paid after
the due date, unless the tenant and landlord have agreed in writing that a late fee may be
imposed. The agreement must specify when the late fee will be imposed. In no case may
the late fee exceed eight percent of the overdue rent payment. Any late fee charged or
collected is not considered to be either interest or liquidated damages. For purposes of this
paragraph, the "due date" does not include a date, earlier than the date contained in the
written or oral lease by which, if the rent is paid, the tenant earns a discount.

(b) Notwithstanding paragraph (a), if a federal statute, regulation, or handbook permitting
late fees for a tenancy subsidized under a federal program conflicts with paragraph (a), then
the landlord may publish and implement a late payment fee schedule that complies with the
federal statute, regulation, or handbook.

new text begin (c) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. The tenant shall recover from the landlord treble,
actual, and consequential damages or $1,000, whichever is greater, and reasonable attorney
fees, for a violation of this section. This section shall be liberally construed for the protection
of tenants.
new text end

Sec. 23.

Minnesota Statutes 2022, section 504B.178, subdivision 7, is amended to read:

Subd. 7.

Bad faith retention.

The bad faith retention by a landlord of a deposit, the
interest thereon, or any portion thereof, in violation of this section shall subject the landlord
to punitive damages not to exceed deleted text begin $500 deleted text end new text begin $750 new text end for each deposit in addition to the damages
provided in subdivision 4 new text begin and reasonable attorney fees new text end . If the landlord has failed to comply
with the provisions of subdivision 3 or 5, retention of a deposit shall be presumed to be in
bad faith unless the landlord returns the deposit within two weeks after the commencement
of any action for the recovery of the deposit.

Sec. 24.

Minnesota Statutes 2022, section 504B.178, subdivision 10, is amended to read:

Subd. 10.

Waiver.

Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable. new text begin This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 25.

Minnesota Statutes 2022, section 504B.181, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Waiver prohibited. new text end

new text begin Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable. The tenant shall recover
from the landlord treble, actual, and consequential damages or $500, whichever is greater,
and reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 26.

Minnesota Statutes 2022, section 504B.185, subdivision 2, is amended to read:

Subd. 2.

Notice.

(a) After the local authority has inspected the residential building under
subdivision 1, the inspector shall inform the landlord or the landlord's agent and the
residential tenant or housing-related neighborhood organization in writing of any code
violations discovered new text begin and a reasonable deadline for correcting violations new text end .

(b) deleted text begin A reasonable period of time must be allowed in which to deleted text end new text begin The landlord shall new text end correct
the violations new text begin by the deadline given by the local authority new text end .

Sec. 27.

Minnesota Statutes 2022, section 504B.185, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Remedies. new text end

new text begin Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable. The tenant shall recover from the
landlord treble, actual, and consequential damages or $1,000, whichever is greater, and
reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 28.

Minnesota Statutes 2022, section 504B.195, subdivision 1, is amended to read:

Subdivision 1.

Disclosure to tenant.

deleted text begin (a) Except as provided in subdivision 3, deleted text end A landlord,
agent, or person acting under the landlord's direction or control shall provide a copy of all
deleted text begin outstanding deleted text end inspection orders deleted text begin for which a citation has been issued, deleted text end new text begin issued in the previous
12 months new text end pertaining to a rental unit or common area, specifying code violations issued
under section 504B.185, that the housing inspector identifies as requiring notice deleted text begin because
the violations threaten the health or safety of the tenant deleted text end new text begin , all notices of rental license denials,
violations, suspensions, and terminations new text end , and all outstanding condemnation orders and
declarations that the premises are unfit for human habitation to:

(1) a tenant, either by delivery or by United States mail, postage prepaid, within 72 hours
after issuance of the citation;

(2) a person before signing a lease or paying rent or a security deposit to begin a new
tenancy; and

(3) a person prior to obtaining new ownership of the property subject to the order or
declaration. The housing inspector shall indicate on the inspection order whether the violation
threatens the health or safety of a tenant or prospective tenant.

deleted text begin (b) If an inspection order, for which a citation has been issued, does not involve code
violations that threaten the health or safety of the tenants, the landlord, agent, or person
acting under the landlord's control shall post a summary of the inspection order in a
conspicuous place in each building affected by the inspection order, along with a notice
that the inspection order will be made available by the landlord for review, upon a request
of a tenant or prospective tenant. The landlord shall provide a copy of the inspection order
for review by a tenant or a prospective tenant as required under this subdivision.
deleted text end

Sec. 29.

Minnesota Statutes 2022, section 504B.195, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Damages. new text end

new text begin The tenant shall recover from the landlord treble, actual, and
consequential damages or $1,000, whichever is greater, and reasonable attorney fees, for a
violation of this section.
new text end

Sec. 30.

Minnesota Statutes 2022, section 504B.195, subdivision 5, is amended to read:

Subd. 5.

Remedies additional.

The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to landlords and tenants. Any provision,
whether oral or written, of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and void. new text begin A violation of this section
violates section 504B.161. This section shall be liberally construed for the protection of
tenants.
new text end

Sec. 31.

Minnesota Statutes 2022, section 504B.204, is amended to read:

504B.204 ACTION FOR RENTAL OF CONDEMNED RESIDENTIAL PREMISES.

(a) A landlord, agent, or person acting under the landlord's direction or control may not
accept rent or a security deposit for residential rental property from a tenant after the leased
premises have been new text begin (1) new text end condemned or declared unfit for human habitation new text begin , (2) ordered to
be vacated due to violations of a housing, health, or fire code or rental licensing ordinance new text end
by the applicable new text begin federal, new text end state new text begin , new text end or local authority deleted text begin , if the tenancy commenced after the
premises were condemned or declared unfit for human habitation deleted text end new text begin , or (3) ordered to be
vacated pursuant to a government taking new text end . If a landlord, agent, or a person acting under the
landlord's direction or control violates this section, the landlord is liable to the tenant for
actual damages and an amount equal to three times the amount of all money collected from
the tenant after date of condemnation or declaration, plus costs and attorney fees. new text begin A violation
of this section violates section 504B.161. This section shall be liberally construed for the
protection of tenants.
new text end

(b) The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this section is waived by a tenant,
is contrary to public policy and void.

Sec. 32.

Minnesota Statutes 2022, section 504B.205, subdivision 5, is amended to read:

Subd. 5.

Residential tenant remedies.

deleted text begin A residential tenant may bring a civil action for
a violation of this section and recover from the landlord $250 or actual damages, whichever
is greater, and reasonable attorney's fees. deleted text end new text begin The tenant shall recover from the landlord treble,
actual, and consequential damages or $1,000, whichever is greater, and reasonable attorney
fees, for a violation of this section. A violation of this section violates section 504B.161.
This section shall be liberally construed for the protection of tenants.
new text end

Sec. 33.

Minnesota Statutes 2022, section 504B.231, is amended to read:

504B.231 DAMAGES FOR OUSTER.

(a) If a landlord, an agent, or other person acting under the landlord's direction or control
deleted text begin unlawfully and in bad faith deleted text end removes, excludes, or forcibly keeps out a tenant from residential
premises, the tenant deleted text begin may deleted text end new text begin shall new text end recover from the landlord new text begin actual and consequential damages,
the greater of new text end treble new text begin , actual, and consequential new text end damages or deleted text begin $500, whichever is greater, deleted text end new text begin
$1,000, new text end and reasonable deleted text begin attorney's deleted text end new text begin attorney new text end fees new text begin , and at the tenant's option, full rescission of
the lease and recovery of any damage deposit less any amount retained under section
504B.178 new text end . new text begin A landlord may not charge or collect rent for a month where the landlord has
violated this section. A violation of this section by the landlord is a violation of section
504B.161.
new text end

(b) The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this section is waived by a tenant,
is contrary to public policy and void. The provisions of this section also apply to occupants
and owners of residential real property which is the subject of a mortgage foreclosure or
contract for deed cancellation and as to which the period for redemption or reinstatement
of the contract has expired. new text begin This section shall be liberally construed for the protection of
tenants.
new text end

Sec. 34.

Minnesota Statutes 2022, section 504B.261, is amended to read:

504B.261 PETS IN SUBSIDIZED DISABILITY ACCESSIBLE RENTAL
HOUSING UNITS.

In a multiunit residential building, a tenant of a disability accessible unit, in which the
tenant or the unit receives a subsidy that directly reduces or eliminates the tenant's rent
responsibility, must be allowed to have two birds or one spayed or neutered dog or one
spayed or neutered cat. A renter under this section may not keep or have visits from an
animal that constitutes a threat to the health or safety of other individuals, or causes a noise
nuisance or noise disturbance to other renters. The landlord may require the renter to pay
an additional damage deposit in an amount reasonable to cover damage likely to be caused
by the animal. The deposit is refundable at any time the renter leaves the unit of housing to
the extent it exceeds the amount of damage actually caused by the animal. new text begin The tenant shall
recover from the landlord treble, actual, and consequential damages or $1,000, whichever
is greater, and reasonable attorney fees, and at the tenant's option, full rescission of the lease
and recovery of any damage deposit less any amount retained under section 504B.178, for
a violation of this section. Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 35.

Minnesota Statutes 2022, section 504B.265, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Remedies. new text end

new text begin The personal representative of the tenant's estate shall recover from
the landlord treble, actual, and consequential damages or $500, whichever is greater, and
reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 36.

Minnesota Statutes 2022, section 504B.271, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Landlord's punitive deleted text end Damages.

If a landlord, an agent, or other person acting
under the landlord's direction or control, in possession of a tenant's personal property, fails
to allow the tenant to retake possession of the property within 24 hours after written demand
by the tenant or the tenant's duly authorized representative or within 48 hours, exclusive of
weekends and holidays, after written demand by the tenant or a duly authorized representative
when the landlord, the landlord's agent or person acting under the landlord's direction or
control has removed and stored the personal property in accordance with subdivision 1 in
a location other than the premises, the tenant shall recover from the landlord deleted text begin punitive
damages in an amount not to exceed twice the actual damages or $1,000, whichever is
greater deleted text end , in addition to actual damages new text begin , treble, actual, and consequential damages or $1,000,
whichever is greater, new text end and reasonable deleted text begin attorney's deleted text end new text begin attorney new text end fees.

In determining the amount of punitive damages the court shall consider (1) the nature
and value of the property; (2) the effect the deprivation of the property has had on the tenant;
(3) if the landlord, an agent, or other person acting under the landlord's direction or control
unlawfully took possession of the tenant's property; and (4) if the landlord, an agent, or
other person under the landlord's direction or control acted in bad faith in failing to allow
the tenant to retake possession of the property.

The provisions of this subdivision do not apply to personal property which has been
sold or otherwise disposed of by the landlord in accordance with subdivision 1, or to landlords
who are housing authorities, created, or authorized to be created by sections 469.001 to
469.047, and their agents and employees, in possession of a tenant's personal property,
except that housing authorities must allow the tenant to retake possession of the property
in accordance with this subdivision.

Sec. 37.

new text begin [504B.276] LIMITATION ON CLAIM PRECLUSION.
new text end

new text begin A failure by a tenant to litigate an available claim or defense in any proceeding under
sections 504B.281 to 504B.471 does not preclude the tenant from raising or litigating that
claim or a claim arising out of the same transaction or occurrence in a separate proceeding.
new text end

Sec. 38.

Minnesota Statutes 2022, section 504B.285, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Damages. new text end

new text begin The tenant shall recover from the landlord treble, actual, and
consequential damages or $1,000, whichever is greater, and reasonable attorney fees, for a
violation of subdivisions 2 and 3.
new text end

Sec. 39.

Minnesota Statutes 2022, section 504B.315, is amended to read:

504B.315 RESTRICTIONS ON EVICTION DUE TO FAMILIAL STATUS.

(a) As used in this section, "familial status" has the meaning given it in section 363A.03,
subdivision 18.

(b) No residential tenant of residential premises may be evicted, denied a continuing
tenancy, or denied a renewal of a lease on the basis of familial status commenced during
the tenancy unless one year has elapsed from the commencement of the familial status and
the landlord has given the tenant six months prior notice in writing, except in case of
nonpayment of rent, damage to the premises, disturbance of other tenants, or other new text begin material
new text end breach of the lease.

new text begin (c) The tenant shall recover from the landlord treble, actual, and consequential damages
or $1,000, whichever is greater, and reasonable attorney fees, for a violation of this section.
The remedy provided under this section is in addition to and shall not limit other rights or
remedies available to tenants. new text end Any provision, whether oral or written, of any lease or other
agreement, whereby any provision of this section is waived by a tenant, is contrary to public
policy and void. new text begin This section shall be liberally construed for the protection of tenants.
new text end

Sec. 40.

Minnesota Statutes 2023 Supplement, section 504B.375, subdivision 1, is amended
to read:

Subdivision 1.

Unlawful exclusion or removal.

(a) This section applies to actual or
constructive removal or exclusion of a residential tenant which may include the termination
of utilities or the removal of doors, windows, or locks. A residential tenant to whom this
section applies may recover possession of the premises as described in paragraphs (b) to
(e).

(b) The residential tenant shall present a verified petition to the district court of the
judicial district of the county in which the premises are located that:

(1) describes the premises and the landlord;

(2) specifically states the facts and grounds that demonstrate that the exclusion or removal
was unlawful, including a statement that no writ of recovery of the premises and order to
vacate has been issued under section 504B.345 in favor of the landlord and against the
residential tenant and executed in accordance with section 504B.365; and

(3) asks for possession.

(c) If it clearly appears from the specific grounds and facts stated in the verified petition
or by separate affidavit of the residential tenant or the residential tenant's attorney or agent
that the exclusion or removal was unlawful, the court shall immediately order that the
residential tenant have possession of the premises.

(d) The residential tenant shall furnish security, if any, that the court finds is appropriate
under the circumstances for payment of all costs and damages the landlord may sustain if
the order is subsequently found to have been obtained wrongfully. In determining the
appropriateness of security, the court shall consider the residential tenant's ability to afford
monetary security.

(e) The court shall direct the order to the sheriff of the county in which the premises are
located and the sheriff shall execute the order immediately by making a demand for
possession on the landlord, if found, or the landlord's agent or other person in charge of the
premises. If the landlord fails to comply with the demand, the officer shall take whatever
assistance may be necessary and immediately place the residential tenant in possession of
the premises. If the landlord, the landlord's agent, or other person in control of the premises
cannot be found and if there is no person in charge, the officer shall immediately enter into
and place the residential tenant in possession of the premises. The officer shall also serve
the order and verified petition or affidavit immediately upon the landlord or agent, in the
same manner as a summons is required to be served in a civil action in district court.

(f) The court administrator may charge a filing fee in the amount set for complaints and
counterclaims in conciliation court, subject to the filing of an inability to pay affidavit.

new text begin (g) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. This section shall be liberally construed for the
protection of tenants.
new text end

Sec. 41.

Minnesota Statutes 2022, section 504B.391, subdivision 1, is amended to read:

Subdivision 1.

Noncompliance; fines new text begin and damages new text end .

If the court finds that a landlord
has willfully failed to comply with a court order to remedy a violation, the court shall fine
the landlord new text begin and award damages to the tenant new text end according to the following schedule:

(1) $250 new text begin fine and $250 in damages new text end for the first failure to comply;

(2) $500 new text begin fine and $500 in damages new text end for the second failure to comply with an order
regarding the same violation; and

(3) deleted text begin $750 deleted text end new text begin $1,000 fine and $1,000 in damages new text end for the third and each subsequent failure
to comply with an order regarding the same violation.

Sec. 42.

Minnesota Statutes 2022, section 504B.395, subdivision 1, is amended to read:

Subdivision 1.

Who may bring action.

An action may be brought in district court by:

(1) a residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, is alleged to exist;

(2) any housing-related neighborhood organization with the written permission of a
residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, deleted text begin clause (1) or (2), deleted text end is alleged to exist;

(3) a housing-related neighborhood organization that has within its geographical area
an unoccupied residential building in which a violation, as defined in section 504B.001,
subdivision 14, deleted text begin clause (1) or (2), deleted text end is alleged to exist; or

(4) a state, county, or local department or authority, charged with the enforcement of
codes relating to health, housing, or building maintenance.

Sec. 43.

Minnesota Statutes 2022, section 504B.395, subdivision 4, is amended to read:

Subd. 4.

Landlord must be informed.

A landlord must be informed in writing of an
alleged violation at least 14 days before an action is brought by:

(1) a residential tenant of a residential building in which a violation as defined in section
504B.001, subdivision 14, deleted text begin clause (2) or (3) deleted text end new text begin clauses (2) to (5) new text end , is alleged to exist; or

(2) a housing-related neighborhood organization, with the written permission of a
residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, deleted text begin clause (2) deleted text end new text begin clauses (2) to (5) new text end , is alleged to exist. The notice
requirement may be waived if the court finds that the landlord cannot be located despite
diligent efforts.