SF 3492

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/29/2024 03:22pm

A bill for an act
relating to housing; amending provisions relating to residential housing leases;
amending landlord and tenant rights and obligations; providing for tenant
associations; amending provisions relating to residential housing evictions; making
clarifying, technical, and conforming changes to landlord and tenant provisions;
amending Minnesota Statutes 2022, sections 504B.001, by adding subdivisions;
504B.113, subdivision 3; 504B.177; 504B.205, subdivisions 2, 3; 504B.206,
subdivisions 1, 2, 3, 6; 504B.285, subdivision 1; 504B.385, subdivision 2;
Minnesota Statutes 2023 Supplement, sections 484.014, subdivision 3; 504B.144;
504B.268, subdivision 1; 504B.345, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 504B; repealing Minnesota Statutes 2023
Supplement, section 504B.331.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 484.014, subdivision 3, is amended
to read:

Subd. 3.

Mandatory expungement.

(a) deleted text begin Except for clause (6), deleted text end The court shall, without
motion by any party new text begin except for clauses (6) and (7) new text end , order expungement of an eviction case:

(1) commenced solely on the grounds provided in section 504B.285, subdivision 1,
clause (1), if the court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:

(i) the time for contract cancellation or foreclosure redemption has expired and the
defendant vacated the property prior to commencement of the eviction action; or

(ii) the defendant was a tenant during the contract cancellation or foreclosure redemption
period and did not receive a notice under section 504B.285, subdivision 1a, 1b, or 1c, to
vacate on a date prior to commencement of the eviction case;

(2) if the defendant prevailed on the merits;

(3) if the court dismissed the plaintiff's complaint for any reason;

(4) if the parties to the action have agreed to an expungement;

(5) three years after the eviction was ordered; deleted text begin or
deleted text end

(6) new text begin upon motion of a defendant, if an eviction action has been filed in violation of section
504B.285, subdivision 1, paragraph (b); or
new text end

new text begin (7) new text end upon motion of a defendant, if the case is settled and the defendant fulfills the terms
of the settlement.

(b) If a tenant brings a motion for the expungement of an eviction, the court shall order
the expungement of an eviction case that was commenced on the grounds of a violation of
section 504B.171 or any other claim of breach regardless of when the original eviction was
ordered, if the tenant could receive an automatic expungement under section 609A.055, or
if the breach was based solely on the possession of marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

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

new text begin Subd. 13a. new text end

new text begin Tenant association. new text end

new text begin "Tenant association" means a group of tenants from
two or more rental units that are owned or operated by the same landlord who form or
maintain an organization, whether incorporated or unincorporated, to improve housing
conditions, amenities, community life, or the contractual position of the member tenants.
new text end

Sec. 3.

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

new text begin Subd. 13b. new text end

new text begin Tenant organizer. new text end

new text begin "Tenant organizer" means a tenant or another who assists
residential tenants in establishing and operating a tenant association and is not an employee
or representative of the current or prospective landlord, property owner, manager, or agent
of the landlord.
new text end

Sec. 4.

Minnesota Statutes 2022, section 504B.113, subdivision 3, is amended to read:

Subd. 3.

Additional fees or deposits prohibited new text begin ; disclosure required new text end .

new text begin (a) new text end A landlord
must not require a tenant with a reasonable accommodation under this section to pay an
additional fee, charge, or deposit for the service or support animal. A tenant is liable to the
landlord for any damage to the premises caused by the service or support animal.

new text begin (b) If a landlord requires an additional fee, charge, or deposit pursuant to a pet policy,
the landlord must disclose in the lease the prohibition on additional fees, charges, or deposits
for service or support animals under this section.
new text end

new text begin (c) A tenant may bring an action to recover any fees, charges, or deposits paid to a
landlord pursuant to a pet policy if:
new text end

new text begin (1) the landlord fails to provide the disclosure required in paragraph (b); and
new text end

new text begin (2) the tenant demonstrates that the tenant would have requested a reasonable
accommodation and would likely have received a reasonable accommodation had the
landlord provided the disclosure under paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to leases
entered into on or after that date.
new text end

Sec. 5.

new text begin [504B.117] INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER.
new text end

new text begin A landlord must provide on a rental application the option for a prospective tenant to
submit an individual taxpayer identification number or a Social Security number as follows:
new text end

new text begin "SSN or ITIN: new text end

new text begin . new text end

new text begin ." new text end

new text begin A landlord must not deny a rental application solely because the prospective tenant provided
an individual taxpayer identification number. Nothing in this section prevents a landlord
from denying an application if the consumer credit report attached to an individual taxpayer
identification number is insufficient.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 504B.144, is amended to read:

504B.144 EARLY RENEWAL OF LEASE.

A landlord deleted text begin must wait until deleted text end new text begin may not require a tenant to renew a lease sooner than new text end six
months from the expiration of the current lease deleted text begin before requiring a tenant to renew the lease, deleted text end
if the lease is for a period of time longer than ten months. Nothing prevents a landlord from
waiting until closer to the expiration of a lease to ask a tenant to renew the lease. 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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

new text begin [504B.153] NEW CONSTRUCTION DELAYS; TENANT REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition; new construction. new text end

new text begin For purposes of this section, "new
construction" means a new building, rehabilitation, modification, reconstruction, any physical
changes altering the use or occupancy of the dwelling units, or an addition to a building.
new text end

new text begin Subd. 2. new text end

new text begin Requirements if landlord cannot deliver occupancy. new text end

new text begin (a) If a landlord is
informed by a builder or otherwise knows that a new construction for rental occupancy will
not be available for occupancy by the move-in date established in the lease agreement, the
landlord must, within seven days and prior to the move-in date, notify every tenant affected
and offer the following choices to the tenant to be accepted at the tenant's option:
new text end

new text begin (1) alternative housing provided by the landlord that is reasonably equivalent in size,
amenities, and location to the unit described in the lease agreement, unless otherwise agreed
upon by the tenant, until the unit may be lawfully inhabited;
new text end

new text begin (2) payment from the landlord to the tenant, equivalent to the cost of rent established in
the lease agreement, to mitigate the costs of alternative housing secured by the tenant until
the unit described in the lease agreement may be lawfully inhabited; or
new text end

new text begin (3) termination of the lease agreement and a return to the tenant of all amounts paid to
the landlord, including any rent, deposit, and other payments incurred in entering the lease
agreement.
new text end

new text begin (b) If a tenant exercises options under paragraph (a), clause (1) or (2), the landlord must
provide the tenant with reimbursements related to security deposits, application fees, parking
fees, pet fees, and any other fees reasonably associated with securing alternative housing.
new text end

new text begin (c) Tenants exercising options under paragraph (a), clause (1) or (2), may terminate their
lease agreement under paragraph (a), clause (3), if the new construction for rental occupancy
is not available for tenant occupancy within 90 days of the move-in date established in the
lease agreement.
new text end

new text begin Subd. 3. 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

new text begin Subd. 4. new text end

new text begin Remedies. new text end

new text begin (a) A violation by the landlord of subdivision 2 is a violation of
section 504B.375. A tenant aggrieved by a violation by the landlord of subdivision 2 may
elect the following remedy:
new text end

new text begin (1) recovery under section 504B.231; or
new text end

new text begin (2) recover the greater of one month's rent, $1,000, or actual damages, plus reasonable
attorney fees and court costs.
new text end

new text begin (b) The remedies available under this section are in addition to any other remedies
available at equity or law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to all leases
entered into on or after that date.
new text end

Sec. 8.

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) A late fee charged by a landlord who has entered into a housing assistance payments
contract with the federal, state, or local government must be calculated and assessed only
on the portion of rent payable by the tenant. For the purposes of this paragraph, "housing
assistance payments contract" means programs described in United States Code, title 42,
sections 1437f and 1485, as well as other programs under which the landlord contracts to
receive rent from the tenant and payment from the government.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2022, section 504B.205, subdivision 2, is amended to read:

Subd. 2.

Emergency calls permitted.

(a) A landlord may not:

(1) bar or limit a residential tenant's right to call for police or emergency assistance in
response to domestic abuse or any other conduct new text begin , including but not limited to mental health
or health crises new text end ; or

(2) impose a penalty on a residential tenant for calling for police or emergency assistance
in response to domestic abuse or any other conduct new text begin , including but not limited to mental
health or health crises new text end .

(b) A residential tenant may not waive and a landlord may not require the residential
tenant to waive the residential tenant's right to call for police or emergency assistance.

Sec. 10.

Minnesota Statutes 2022, section 504B.205, subdivision 3, is amended to read:

Subd. 3.

Local preemption.

This section preempts any inconsistent local ordinance or
rule including, without limitation, any ordinance or rule that:

(1) requires an eviction after a specified number of calls by a residential tenant for police
or emergency assistance in response to domestic abuse or any other conduct new text begin , including but
not limited to mental health or health crises new text end ; or

(2) provides that calls by a residential tenant for police or emergency assistance in
response to domestic abuse or any other conduct new text begin , including but not limited to mental health
or health crises, new text end may be used to penalize or charge a fee to a landlord.

This subdivision shall not otherwise preempt any local ordinance or rule that penalizes
a landlord for, or requires a landlord to abate, conduct on the premises that constitutes a
nuisance or other disorderly conduct as defined by local ordinance or rule.

Sec. 11.

Minnesota Statutes 2022, section 504B.206, subdivision 1, is amended to read:

Subdivision 1.

Right to terminate; procedure.

(a) A tenant to a residential lease may
terminate a lease agreement in the manner provided in this section without penalty or liability,
if the tenant or another authorized occupant fears imminent violence after being subjected
to:

(1) domestic abuse, as that term is defined under section 518B.01, subdivision 2;

(2) criminal sexual conduct under sections 609.342 to 609.3451;

(3) sexual extortion under section 609.3458; or

(4) harassment under section 609.749.

(b) The tenant must provide signed and dated advance written notice to the landlord:

(1) stating the tenant fears imminent violence from a person as indicated in a qualifying
document against the tenant or an authorized occupant if the tenant or authorized occupant
remains in the leased premises;

(2) stating that the tenant needs to terminate the tenancy;

(3) providing the date deleted text begin by deleted text end new text begin on new text end which the deleted text begin tenant will vacate deleted text end new text begin lease will terminate new text end ; and

(4) providing written instructions for the disposition of any remaining personal property
in accordance with section 504B.271.

(c) The written notice must be delivered before the termination of the tenancy by mail,
deleted text begin fax, or deleted text end in person new text begin , or by a form of written communication the plaintiff regularly uses to
communicate with the landlord new text end , and be accompanied by a qualifying document. new text begin The tenancy
terminates for the tenant who exercises the right granted under this subdivision, including
the right of possession of the premises, on the date provided in the notice required under
paragraph (b). Vacation of the premises under this section by the tenant prior to the date
provided in the notice does not constitute termination of the tenancy for the purposes of this
section.
new text end

(d) The landlord may request that the tenant disclose the name of the perpetrator and, if
a request is made, inform the tenant that the landlord seeks disclosure to protect other tenants
in the building. The tenant may decline to provide the name of the perpetrator for safety
reasons. Disclosure shall not be a precondition of terminating the lease.

deleted text begin (e) The tenancy terminates, including the right of possession of the premises, as provided
in subdivision 3.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2022, section 504B.206, subdivision 2, is amended to read:

Subd. 2.

Treatment of information.

(a) A landlord must not disclose:

(1) any information provided to the landlord by a tenant in the written notice required
under subdivision 1, paragraph (b);

(2) any information contained in the qualifying document;

(3) the address or location to which the tenant has relocated; or

(4) the status of the tenant as a victim of violence.

(b) The information referenced in paragraph (a) must not be entered into any shared
database or provided to any person or entity but may be used when required as evidence in
an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims
under section 504B.178, with the consent of the tenant, or as otherwise required by law.

new text begin (c) A landlord who violates this section is liable to the tenant for statutory damages of
$2,000, plus reasonable attorney fees and costs.
new text end

Sec. 13.

Minnesota Statutes 2022, section 504B.206, subdivision 3, is amended to read:

Subd. 3.

Liability for rent; termination of tenancy.

(a) A tenant who is a sole tenant
and is terminating a lease under subdivision 1 is responsible for the rent payment for the
full month in which the tenancy terminates. The tenant deleted text begin forfeits deleted text end new text begin relinquishes new text end all claims for
the return of the security deposit under section 504B.178 and is relieved of any other
contractual obligation for payment of rent or any other charges for the remaining term of
the lease, except as provided in this section. In a sole tenancy, the tenancy terminates on
the date specified in the notice provided to the landlord as required under subdivision 1.

(b) In a tenancy with multiple tenants, one of whom is terminating the lease under
subdivision 1, any lease governing all new text begin remaining new text end tenants is terminated at the later of the end
of the month or the end of the rent interval in which one tenant terminates the lease under
subdivision 1. All tenants are responsible for the rent payment for the full month in which
the tenancy terminates. Upon termination, all tenants deleted text begin forfeit deleted text end new text begin relinquish new text end all claims for the
return of the security deposit under section 504B.178 and are relieved of any other contractual
obligation for payment of rent or any other charges for the remaining term of the lease,
except as provided in this section. Any tenant whose tenancy was terminated under this
paragraph may reapply to enter into a new lease with the landlord.

(c) This section does not affect a tenant's liability for delinquent, unpaid rent or other
amounts owed to the landlord before the lease was terminated by the tenant under this
section.

new text begin (d) Except as provided in section 504B.285, subdivision 1, paragraph (b), a landlord
may not commence an eviction action against a tenant who has terminated a lease as provided
in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2022, section 504B.206, subdivision 6, is amended to read:

Subd. 6.

Definitions.

For purposes of this section, the following terms have the meanings
given:

(1) "court official" means a judge, referee, court administrator, prosecutor, probation
officer, or victim's advocate, whether employed by or under contract with the court, who
is authorized to act on behalf of the court;

(2) "qualified third party" means a person, acting in an official capacity, who has deleted text begin had
in-person contact with deleted text end new text begin provided professional services to new text end the tenant and is:

(i) a licensed health care professional operating within the scope of the license;

(ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision 1,
paragraph (l); or

(iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision 1,
paragraph (k);

(3) "qualifying document" means:

(i) a valid order for protection issued under chapter 518B;

(ii) a no contact order currently in effect, issued under section 629.75 or chapter 609;

(iii) a writing produced and signed by a court official, acting in an official capacity,
documenting that the tenant or authorized occupant is a victim of domestic abuse, as that
term is defined under section 518B.01, subdivision 2, criminal sexual conduct under sections
609.342 to 609.3451, sexual extortion under section 609.3458, or harassment under section
609.749, and naming the perpetrator, if known;

(iv) a writing produced and signed by a city, county, state, or tribal law enforcement
official, acting in an official capacity, documenting that the tenant or authorized occupant
is a victim of domestic abuse, as that term is defined under section 518B.01, subdivision 2,
criminal sexual conduct under sections 609.342 to 609.3451, sexual extortion under section
609.3458, or harassment under section 609.749, and naming the perpetrator, if known; or

(v) a statement by a qualified third party, in the following form:

STATEMENT BY QUALIFIED THIRD PARTY

I, .................... (name of qualified third party), do hereby verify as follows:

1. I am a licensed health care professional, domestic abuse advocate, as that term is
defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
term is defined in section 595.02, subdivision 1, paragraph (k), who has deleted text begin had in-person
contact with deleted text end new text begin provided professional services to new text end .................... (name of victim(s)).

2. I have a reasonable basis to believe .................... (name of victim(s)) is a victim/are
victims of domestic abuse, criminal sexual conduct, sexual extortion, or harassment and
fear(s) imminent violence against the individual or authorized occupant if the individual
remains (the individuals remain) in the leased premises.

3. I understand that the person(s) listed above may use this document as a basis for
gaining a release from the lease.

I attest that the foregoing is true and correct.

(Printed name of qualified third party)

(Signature of qualified third party)

(Business address and business telephone)

(Date)

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

new text begin [504B.212] TENANT RIGHT TO ORGANIZE; TENANT ASSOCIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Tenant's right to organize. new text end

new text begin (a) Residential tenants of a residential
building have the right to establish and operate a tenant association for the purpose of
addressing issues related to their living environment, which includes the terms and conditions
of their tenancy as well as activities related to housing and community development. Owners
of residential rental units and their agents must allow residential tenants and tenant organizers
to conduct activities related to the establishment or organization of a residential tenant
organization, including:
new text end

new text begin (1) distributing information or leaflets in the common areas of the residential building,
including bulletin or community boards;
new text end

new text begin (2) distributing information or leaflets to individual units in a residential building;
new text end

new text begin (3) initiating contact with tenants through mail, telephone, or electronically;
new text end

new text begin (4) initiating contact with tenant units to offer information on tenant organizations or
survey tenants on interest in tenant associations;
new text end

new text begin (5) assisting tenants in participating in tenant association activities; and
new text end

new text begin (6) convening tenant association meetings in a space at the residential building.
new text end

new text begin (b) Nothing in this section requires a landlord to provide a tenant association or tenant
organizer with information about a tenant, including the tenant's mailing address, telephone
number, or electronic contact information.
new text end

new text begin (c) A tenant association using the rights provided in this chapter must adopt bylaws or
an operating agreement related to the internal governance of the tenant association.
new text end

new text begin (d) A tenant association must be completely independent of owners, management, and
their representatives. To preserve the independence of the tenant association, management
representatives from the owner of a residential tenant building may not attend meetings
unless invited by the tenant association to specific meetings to discuss a specific issue.
new text end

new text begin (e) A tenant organizer who is not a residential tenant of the landlord must be accompanied
in the residential building by a tenant who resides in the building.
new text end

new text begin (f) No landlord shall prohibit or adopt any rule prohibiting residential tenants or
nonresident tenant organizers from peacefully organizing, assembling, canvassing, leafleting,
or otherwise exercising within the building their right of free expression for tenant
organization purposes. A landlord may not require tenants and tenant organizers to obtain
prior permission to engage in protected activities. A landlord may not adopt and enforce
rules that set unreasonable limits as to time, place, and manner of the meetings or
communication with tenants in the building.
new text end

new text begin Subd. 2. new text end

new text begin Retaliation prohibited. new text end

new text begin (a) A landlord may not increase rent, decrease services,
alter an existing rental agreement, file a legal action against a tenant, contact federal or state
law enforcement related to a tenant's immigration status, or seek to recover possession or
threaten any such action in whole or in part in retaliation after a tenant:
new text end

new text begin (1) reports a code violation to a government agency, elected official, or other government
official responsible for the enforcement of a building, housing, health, or safety code;
new text end

new text begin (2) reports a building, housing, health, or safety code violation, or a violation of this
chapter, to a community organization or the news media;
new text end

new text begin (3) seeks the assistance of a community organization or others, including but not limited
to a media or news organization, for assistance with a code violation or a violation of this
chapter;
new text end

new text begin (4) makes a request that the landlord of a residential building make repairs to the premises
as required by this chapter, or remedy a building or health code or other regulation, or uphold
portions of the residential rental agreement;
new text end

new text begin (5) joins or attempts to join a tenant association or similar organization; or
new text end

new text begin (6) testifies in any court or administrative proceeding concerning the condition of the
premises or exercises any right or remedy provided by law.
new text end

new text begin (b) In any proceeding in which retaliation is alleged, the burden of proof shall be on the
landlord, if the landlord's alleged retaliatory action was within 90 days of the tenant engaging
in any of the activities identified in this subdivision. If the challenged action began more
than 90 days after the resident engaged in the protected activity, the tenant claiming the
landlord is retaliating has the burden of proof.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin If a landlord, an agent, or other person acting under the landlord's
direction or control unlawfully and in bad faith violates this section, the tenant may recover
from the landlord up to $1,000 per occurrence and reasonable attorney fees.
new text end

Sec. 16.

Minnesota Statutes 2023 Supplement, section 504B.268, subdivision 1, is amended
to read:

Subdivision 1.

Right to counsel.

A defendant in deleted text begin public deleted text end housing new text begin subsidized by the United
States Department of Housing and Urban Development under Section 9 of the United States
Housing Act of 1937 or the Consolidated and Further Continuing Appropriations Act of
2012, Public Law 112-55, 125 Stat. 673, new text end subject to an eviction action under sections
504B.281 to 504B.371 alleging breach of lease under section 504B.171 or 504B.285 who
is financially unable to obtain counsel has the right to counsel appointed by the court. The
complaint required by section 504B.321 shall include the notice on the first page of the
complaint in bold 12-point type: "If financially unable to obtain counsel, the defendant has
the right to a court-appointed attorney." At the initial hearing, the court shall ask the defendant
if the defendant wants court-appointed counsel and shall explain what such appointed counsel
can accomplish for the defendant.

Sec. 17.

Minnesota Statutes 2022, section 504B.285, subdivision 1, is amended to read:

Subdivision 1.

Grounds.

(a) The person entitled to the premises may recover possession
by eviction when:

(1) any person holds over real property:

(i) after a sale of the property on an execution or judgment;

(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or after
termination of contract to convey the property; or

(iii) after the expiration of the time for redemption on a real estate tax judgment sale;

(2) any person holds over real property after termination of the time for which it is
demised or leased to that person or to the persons under whom that person holds possession,
contrary to the conditions or covenants of the lease or agreement under which that person
holds, or after any rent becomes due according to the terms of such lease or agreement; or

(3) any tenant at will holds over after the termination of the tenancy by notice to quit.

(b) A landlord may not commence an eviction action against a tenant or authorized
occupant solely on the basis that the tenant or authorized occupant has been the victim of
any of the acts listed in section 504B.206, subdivision 1, paragraph (a). new text begin A landlord may not
commence an eviction action against a residential tenant who has terminated a lease as
provided in section 504B.206. new text end Nothing in this paragraph should be construed to prohibit an
eviction action based on a breach of the lease new text begin or where a tenant has provided the written
notice under section 504B.206, subdivision 1, but failed to vacate on or before the date
provided in that notice. A landlord violating this paragraph is liable to the tenant for
reasonable attorney fees and costs incurred by the tenant for obtaining an expungement as
provided under section 484.014, subdivision 3 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

new text begin [504B.332] SUMMONS AND COMPLAINT; HOW SERVED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "plaintiff" includes the plaintiff's
attorney, employees of the plaintiff's attorney, or any other agent of the plaintiff.
new text end

new text begin Subd. 2. new text end

new text begin Generally. new text end

new text begin (a) The summons and complaint must be served at least seven days
before the date of the court appearance specified in section 504B.321, in the manner provided
in subdivision 3 or 4.
new text end

new text begin (b) If the plaintiff regularly uses electronic written communication to communicate with
the defendant, the plaintiff must make a good faith attempt to communicate to the defendant
that an eviction hearing has been scheduled at least seven days before the date of the court
appearance specified in section 504B.321. This requirement is in addition to completing
service in the manner provided in subdivision 3 or 4. The communication must have a time
and date stamp, and include the date, time, and place of the hearing specified in the summons.
The communication must be delivered by means of electronic written communication that
the plaintiff regularly uses to communicate with the defendant or to the last known electronic
address the plaintiff has used to communicate with the defendant, unless the parties do not
communicate via any form of electronic written communication. The plaintiff must
substantially comply with this paragraph.
new text end

new text begin Subd. 3. new text end

new text begin Personal or substitute service. new text end

new text begin (a) If the defendant can be found in the county,
the summons and complaint must be served in the manner provided for service of a civil
action in district court.
new text end

new text begin (b) If the defendant cannot be found in the county, the summons and complaint may be
served at least seven days before the date of the court appearance by:
new text end

new text begin (1) leaving a copy of the summons and complaint at the defendant's last usual place of
abode with a person of suitable age and discretion residing there; or
new text end

new text begin (2) if the defendant had no place of abode, by leaving a copy of the summons and
complaint at the property described in the complaint with a person of suitable age and
discretion occupying the premises.
new text end

new text begin (c) At least three days before the date of the court appearance specified in section
504B.321, the plaintiff must file with the court an affidavit of personal or substitute service.
new text end

new text begin Subd. 4. new text end

new text begin Service by mail and posting. new text end

new text begin (a) If attempts at personal or substitute service
are unsuccessful, service of the summons and complaint may be made by mail and posting.
new text end

new text begin (b) If service by mail and posting is used, the following steps must occur no later than
seven days before the date of the court appearance specified in section 504B.321:
new text end

new text begin (1) the plaintiff must mail a copy of the summons and complaint to the defendant at the
defendant's last known address;
new text end

new text begin (2) for residential evictions only, there must be at least two attempts at personal service.
The personal service attempts must occur on different days at the last known address of the
defendant and be done in the manner provided for service of a summons and complaint in
a civil action in district court. At least one of the attempts must be made between the hours
of 6:00 p.m. and 10:00 p.m. Failure to serve the defendant, after the plaintiff complies with
this paragraph, is prima facie proof that attempts at personal or substitute service were
unsuccessful and that the defendant cannot be found in the county;
new text end

new text begin (3) the summons and complaint must be posted on the entry to the defendant's individual
unit. If the defendant occupies a multiunit building, the summons and complaint must be
posted on the door of the defendant's individual unit; and
new text end

new text begin (4) at least three days before the date of the court appearance specified in section
504B.321, the plaintiff must file with the court affidavits stating:
new text end

new text begin (i) the defendant cannot be found in the county, or that the plaintiff believes that the
defendant is not in the state;
new text end

new text begin (ii) a copy of the summons and complaint has been mailed to the defendant at the
defendant's last known address at least seven days before the date of the court appearance
specified in section 504B.321;
new text end

new text begin (iii) compliance with subdivision 2, paragraph (b), by providing the date and manner by
which the plaintiff attempted to communicate to the defendant in compliance with subdivision
2, paragraph (b), or stating that the plaintiff does not use electronic written communication
to regularly communicate with the defendant and does not have an electronic address for
the defendant;
new text end

new text begin (iv) if applicable, how the requirements of clause (2) were met, including the dates and
times of the attempts at service; and
new text end

new text begin (v) the date and time the summons and complaint were posted on the entry to the
defendant's individual unit.
new text end

new text begin Subd. 5. new text end

new text begin Failure to appear. new text end

new text begin If the defendant or the defendant's attorney does not appear
in court on the date of the appearance, the trial shall proceed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to all
summons and complaints served on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2023 Supplement, section 504B.345, subdivision 1, is amended
to read:

Subdivision 1.

General.

(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.

(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.

(c) If the court or jury finds for the defendant, then the court:

(1) shall enter judgment for the defendant, tax the costs against the plaintiff, and issue
execution in favor of the defendant; and

(2) shall expunge the records relating to the action under the provisions of section 484.014
or under the court's inherent authority at the time judgment is entered or after that time upon
motion of the defendant.

(d) Except in actions brought: (1) deleted text begin under section 504B.291; (2) deleted text end under section 504B.171;
or deleted text begin (3) deleted text end new text begin (2) new text end on the basis that the residential tenant engages in behavior that seriously endangers
the safety of other residents, or intentionally and seriously damages the property of the
landlord or a tenant, the court shall stay the writ of recovery of premises and order to vacate
for a reasonable period, not to exceed seven days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2022, section 504B.385, subdivision 2, is amended to read:

Subd. 2.

Counterclaim for possession.

(a) The landlord may file a counterclaim for
possession of the property in cases where the landlord alleges that the residential tenant did
not deposit the full amount of rent with the court administrator.

(b) The court must set the date for a hearing on the counterclaim not less than seven nor
more than 14 days from the day of filing the counterclaim. If the rent escrow hearing and
the hearing on the counterclaim for possession cannot be heard on the same day, the matters
must be consolidated and heard on the date scheduled for the hearing on the counterclaim.

(c) The contents of the counterclaim for possession must meet the requirements for a
complaint under section 504B.321.

(d) The landlord must serve the counterclaim as provided in section deleted text begin 504B.331 deleted text end new text begin 504B.332 new text end ,
except that the affidavit of service or mailing may be brought to the hearing rather than filed
with the court before the hearing.

(e) The court must provide a simplified form for use under this section.

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2023 Supplement, section 504B.331, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

APPENDIX

Repealed Minnesota Statutes: S3492-3

504B.331 SUMMONS; HOW SERVED.

(a) The summons and complaint must be served at least seven days before the date of the court appearance specified in section 504B.321, in the manner provided for service of a summons in a civil action in district court.

(b) If the defendant cannot be found in the county, the summons and complaint may be served at least seven days before the date of the court appearance by:

(1) leaving a copy at the defendant's last usual place of abode with a person of suitable age and discretion residing there; or

(2) if the defendant had no place of abode, by leaving a copy at the property described in the complaint with a person of suitable age and discretion occupying the premises.

(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant cannot be found in the county.

(d) Where the defendant cannot be found in the county, service of the summons and complaint may be made upon the defendant by posting the summons in a conspicuous place on the property for not less than one week if:

(1) the property described in the complaint is:

(i) nonresidential and no person actually occupies the property; or

(ii) residential and service has been attempted at least twice on different days, with at least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.; and

(2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit stating that:

(i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes that the defendant is not in the state;

(ii) a copy of the summons has been mailed to the defendant at the defendant's last known address if any is known to the plaintiff; or

(iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction hearing has been scheduled, including the date, time, and place of the hearing specified in the summons, by at least one form of written communication the plaintiff regularly uses to communicate with the defendant that have a date and time stamp.

(e) If the defendant or the defendant's attorney does not appear in court on the date of the appearance, the trial shall proceed.