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HF 300

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/06/2014 03:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/04/2013
1st Engrossment Posted on 03/06/2014

Current Version - 1st Engrossment

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A bill for an act
relating to tenant's rights; creating a notice to quit or pay prior to filing an eviction
action; amending Minnesota Statutes 2012, sections 504B.285, subdivision 1;
504B.291, by adding a subdivision; 504B.321, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to
read:


Subdivision 1.

Grounds.

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; or

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

(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
agreementnew text begin , provided the person entitled to the premises first complies with the provisions
set forth in section 504B.291, subdivision 1a, as applicable
new text end ; or

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

Sec. 2.

Minnesota Statutes 2012, section 504B.291, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Residential tenant's right to cure or vacate prior to eviction for
nonpayment.
new text end

new text begin (a) If the tenant is a residential tenant, a landlord must provide the tenant
with a written notice and opportunity to cure or vacate at least seven days prior to bringing
an action under subdivision 1.
new text end

new text begin (b) The notice must inform the residential tenant of the amount necessary to cure
the breach for nonpayment, the amount of any rent that will become due in the following
month, and that the landlord may proceed with an eviction following the expiration of the
seven-day period if the tenant neither pays the full amount necessary to cure the breach for
nonpayment nor vacates.
new text end

new text begin (c) The right to cure set out in this subdivision is available to a residential tenant
defending an eviction brought under subdivision 1. A residential tenant may exercise
that right two times in any 12-month period, and may exercise that right more than two
times by paying the landlord's actual reasonable attorney fees as part of each additional
exercise of that right during a 12-month period.
new text end

Sec. 3.

Minnesota Statutes 2012, section 504B.321, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Requirement to attach quit or pay notice. new text end

new text begin In an eviction brought
against a residential tenant under section 504B.291, subdivision 1, the person filing the
complaint shall attach to the complaint a copy of the notice given pursuant to section
504B.291, subdivision 1a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to cases
filed on or after that date.
new text end