HF 4274

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm

A bill for an act
relating to housing; providing tenants with remedies if a rental unit is not available
for occupancy by the move-in date; authorizing a tenant to seek recovery of prorated
rent amount owed and attorney fees; amending Minnesota Statutes 2022, sections
504B.111; 504B.116.

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

Section 1.

Minnesota Statutes 2022, section 504B.111, is amended to read:

504B.111 WRITTEN LEASE REQUIRED; PENALTY new text begin ; REMEDIES new text end .

new text begin Subdivision 1. new text end

new text begin Written lease; specific unit. new text end

A landlord of a residential building with
12 or more residential units must have a written lease for each unit rented to a residential
tenant. The written lease must identify the specific unit the residential tenant will occupy
before the residential tenant signs the lease. Notwithstanding any other state law or city
ordinance to the contrary, a landlord may ask for the tenant's full name and date of birth on
the lease and application. A landlord who fails to provide a lease, as required under this
section, is guilty of a petty misdemeanor.

new text begin Subd. 2. new text end

new text begin Remedies. new text end

new text begin (a) If the specific unit identified in the lease is not available for
occupancy on or before the move-in date established in the lease, the tenant may select one
of the three following remedies:
new text end

new text begin (1) alternative housing provided by the landlord that is reasonably equivalent to the unit
described in the lease until the unit may be lawfully inhabited;
new text end

new text begin (2) reimbursement by cash or check from the landlord of the total rent paid by the tenant
each month, as established in the lease agreement, to mitigate the costs of alternative housing
secured by the tenant until the unit described in the lease may be lawfully inhabited; or
new text end

new text begin (3) termination of the lease 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 unit identified in the lease is not
available for occupancy within 90 days of the move-in date established in the lease
agreement.
new text end

new text begin (d) The remedies available under this section are in addition to any other remedies
available at equity or law.
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 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. 2.

Minnesota Statutes 2022, section 504B.116, is amended to read:

504B.116 PRORATED RENT REQUIRED.

(a) When a lease term for a residential unit ends on a date before the last day of the final
month, the amount of rent to be paid for the final month owed for the final month of rent
must be prorated at the average daily rate for that month so that the tenant only pays for the
actual number of days that occupancy is allowed. This provision applies to all leases,
including leases requiring the last month of rent to be paid in advance. Any attempted waiver
of this section by a landlord and tenant, by contract or otherwise, shall be void and
unenforceable.

(b) For purposes of this section, prorated rent must be calculated using the actual number
of calendar days for the calendar month in which the lease expires.

new text begin (c) A tenant may bring an action against a landlord who violates this section for recovery
of the amount of prorated rent owed to the tenant, costs, and reasonable attorney fees.
new text end