HF 2279

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 03:06pm

A bill for an act
relating to housing; landlord and tenant; limiting early renewals on certain rental
leases; requiring landlord to provide tenant with a notice of the option to inspect
the rental unit at the beginning and a notice at the end of tenancy; establishing
damages; amending Minnesota Statutes 2022, section 504B.178, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapter 504B.

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

Section 1.

new text begin [504B.144] EARLY RENEWAL.
new text end

new text begin When a landlord and a tenant sign a residential lease for a term that is at least ten months,
the landlord must not require the tenant to renew the lease until at least four months have
passed since the tenant occupied the unit. 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 end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to leases
entered into or renewed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 504B.178, subdivision 4, is amended to read:

Subd. 4.

Damages.

Any landlord who fails to:

(1) provide a written statement within three weeks of termination of the tenancy;

(2) provide a written statement within five days of the date when the tenant leaves the
building or dwelling due to the legal condemnation of the building or dwelling in which the
tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant;
deleted text begin or
deleted text end

(3) transfer or return a deposit as required by subdivision 5 deleted text begin , deleted text end new text begin ; or
new text end

new text begin (4) provide the tenant with notice for an initial inspection and move-out inspection as
required by section 504B.182, and complete an initial inspection and move-out inspection
when requested by the tenant,
new text end

after receipt of the tenant's mailing address or delivery instructions, as required in subdivision
3, is liable to the tenant for damages in an amount equal to the portion of the deposit withheld
by the landlord and interest thereon as provided in subdivision 2, as a penalty, in addition
to the portion of the deposit wrongfully withheld by the landlord and interest thereon.

Sec. 3.

new text begin [504B.182] INITIAL AND FINAL INSPECTION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Initial inspection. new text end

new text begin At the commencement of a residential tenancy, or
within 14 days of a residential tenant occupying a unit, the landlord must notify the tenant
of their option to request an initial inspection of the residential unit for the purposes of
identifying existing deficiencies in the rental unit to avoid deductions for the security deposit
of the tenant at a future date. If the tenant requests an inspection, the landlord and tenant
shall schedule the inspection at a mutually acceptable date and time.
new text end

new text begin Subd. 2. new text end

new text begin Move-out inspection. new text end

new text begin Within a reasonable time after notification of either a
landlord or residential tenant's intention to terminate the tenancy, or before the end of the
lease term, the landlord shall notify the tenant in writing of the tenant's option to request an
initial inspection and of the tenant's right to be present at the inspection. At a reasonable
time, but no earlier than five days before the termination or the end of the lease date, or day
the tenant plans to vacate the unit, the landlord, or an agent of the landlord, shall, upon the
request of the tenant, make a move-out inspection of the premises. The purpose of the
move-out inspection shall be to allow the tenant an opportunity to remedy identified
deficiencies, in a manner consistent with the rights and obligations of the parties under the
rental agreement, in order to avoid deductions from the security deposit. If a tenant chooses
not to request an initial inspection, the duties of the landlord under this subdivision are
discharged. If an inspection is requested, the parties shall attempt to schedule the inspection
at a mutually acceptable date and time.
new text end

new text begin Subd. 3. new text end

new text begin Other requirements under law. new text end

new text begin Nothing in this section changes the
requirements or obligations under any other section of law, including but not limited to
sections 504B.178, 504B.185, 504B.195, or 504B.271, 504B.375, and 504B.381.
new text end

new text begin Subd. 4. new text end

new text begin Waiver. new text end

new text begin 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 end

Sec. 4.

new text begin [504B.272] MITIGATION OF DAMAGES.
new text end

new text begin In any legal action initiated by or on behalf of any landlord or tenant for a breach of a
residential lease, efforts by the landlord, the tenant, or any other party to mitigate any loss
must be considered a relevant factor in determining appropriate damages. 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 end