HF 1178

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; regulating the 
  1.3             taking of prelease deposits; providing for a civil 
  1.4             penalty; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 504. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [504.38] [PRELEASE DEPOSIT.] 
  1.8      Subdivision 1.  [DEFINITION.] For the purpose of this 
  1.9   section, "prelease deposit" means money given to a landlord from 
  1.10  a prospective tenant of a residential dwelling unit as a 
  1.11  condition of the landlord's refusing to consider other 
  1.12  prospective tenants for the same unit, but before a lease has 
  1.13  been agreed to. 
  1.14     Subd. 2.  [LIMITATIONS.] A landlord may not accept a 
  1.15  prelease deposit from a prospective tenant if the monthly rent 
  1.16  on a dwelling unit is less than $800.  If the rent on a dwelling 
  1.17  unit is over $800, a prelease deposit may be required if the 
  1.18  prelease deposit is required in a written agreement that 
  1.19  includes: 
  1.20     (1) the circumstances under which it will be returned; 
  1.21     (2) when it will be returned; and 
  1.22     (3) the means available for resolving a dispute, including 
  1.23  the remedies provided in subdivision 3. 
  1.24     Subd. 3.  [REMEDIES.] In addition to any other remedies, a 
  1.25  landlord who violates this section is liable to the payor of the 
  2.1   prelease deposit for twice the amount of the deposit paid, plus 
  2.2   costs and reasonable attorney fees.