HF 4634

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/04/2022 05:09pm

A bill for an act
relating to housing; providing tenants with a right to repair violations in a residential
rental unit; 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.386] TENANT RIGHT TO REPAIR TO REMEDY VIOLATION.
new text end

new text begin (a) In lieu of a rent escrow action under section 504B.385, a tenant may pay for the
repairs in a residential rental unit after notice and an opportunity to repair has been provided
to the landlord. The tenant may subtract the cost of the repairs from the tenant's future rent.
new text end

new text begin (b) Prior to a tenant contracting for repairs and paying for a repair to the residential rental
unit, the tenant must provide a written notice to the landlord at the address where the tenant
sends rent and the tenant must either call or send an e-mail communication to the landlord,
if the telephone number or e-mail is known, and notify the landlord of the repair that is
needed and of the tenant's intent to deduct the cost of the repair from the tenant's rent.
new text end

new text begin (c) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
residential tenant must provide a copy of the written notice of the code violation as provided
in section 504B.185, subdivision 2, if an inspection has occurred. If no inspection has
occurred, the tenant must provide an explanation of the repair that is needed and an estimate
to fix the repair to the landlord. The residential tenant may not make repairs until the time
granted has expired without satisfactory repairs being made, unless the residential tenant
alleges that the time granted is excessive. The tenant must inform the landlord of the tenant's
intent to use the tenant's future rent to pay for the repairs when the notice is provided.
new text end

new text begin (d) For a violation as defined in section 504B.001, subdivision 14, clause (2) or (3), the
residential tenant must give written notice to the landlord specifying the violation. The
notice must be delivered personally or sent to the person or place where rent is normally
paid. The tenant must also try to notify the landlord by either telephone or e-mail, if the
telephone or e-mail of the landlord is known to the tenant. The tenant must inform the
landlord of the tenant's intent to use future rent to pay for the repair. If the landlord has not
provided the tenant with a scheduled repair date or the violation is not corrected within
seven days, the residential tenant may contract for repairs.
new text end

new text begin (e) A tenant my contract for repairs under the same process in this section for necessary
repairs in a common area of a residential building if the repair is necessary for the safety
and operation of the building for tenants.
new text end

new text begin (f) A tenant contracting for repairs under this section must obtain bids from two different
contractors or servicers that routinely repair or specialize in making the type of repair that
is needed. The tenant must provide both of the bids to the landlord 24 hours prior to work
commencing on the repair, unless the repair is an emergency, and then the bids should be
provided to the landlord as soon as practicable.
new text end

new text begin (g) The tenant must provide an invoice or payment receipt to the landlord when
subtracting the amount paid for repairs from the rent. The tenant may reduce the rent for
each rental payment owed until the total amount of the repair has been paid.
new text end