1997 Minnesota Statutes

     504.22 Definitions, disclosure and actions. 

    Subdivision 1.    Definitions.  As used in this section, 

    (a) "tenant" shall have the meaning assigned to it in 
 section 566.18, but for purposes of section 504.22, subdivision 
 4a, it does not include residents of manufactured home parks as 
 defined in section 327C.01, subdivision 9; and 

    (b) "owner" shall mean one or more persons, jointly or 
 severally, in whom is vested a legal or beneficial interest in 
 the premises.  

    Subd. 2.    Disclosure to tenant.  There shall be 
 disclosed to the tenant either in the rental agreement or 
 otherwise in writing prior to commencement of the tenancy the 
 name and address of: 

    (1) the person authorized to manage the premises; and 

    (2) an owner of the premises or an agent authorized by the 
 owner to accept service of process and receive and give receipt 
 for notices and demands.  

    Subd. 3.    Posting of notice.  A printed or typewritten 
 notice containing the information which must be disclosed under 
 subdivision 2 shall be placed in a conspicuous place on the 
 premises.  Unless the owner is required to post a notice 
 required by section 471.9995, the owner shall also place in a 
 conspicuous place on the premises a notice that states that a 
 copy of the statement required by subdivision 4a, is available 
 from the attorney general to any tenant upon request.  This 
 subdivision is complied with if notices posted in compliance 
 with other statutes or ordinances contain the information 
 required by subdivision 2 and this section.  

    Subd. 4.    Service of process.  If subdivisions 2 and 
 3, except for the provision requiring posting of a notice 
 stating the availability of a summary of landlord-tenant law 
 provided in subdivision 3, have not been complied with and a 
 person desiring to make service of process upon or give a notice 
 or demand to the owner does not know the name and address of the 
 owner or the owner's agent, as that term is used in subdivision 
 2, then a caretaker or manager of the premises or an individual 
 to whom rental payments for the premises are made shall be 
 deemed to be an agent authorized to accept service of process 
 and receive and give receipt for notices and demands on behalf 
 of the owner.  In case of service of process upon or receipt of 
 notice or demand by a person who is deemed to be an agent 
 pursuant to this subdivision, this person shall give the 
 process, notice, or demand, or a copy thereof, to an owner 
 personally or shall send it by certified mail, return receipt 
 requested, to an owner at the owner's last known address. 

    Subd. 4a.    Disclosure statement; distribution.  The 
 attorney general shall prepare and make available to the public 
 a statement which summarizes the significant legal rights and 
 obligations of owners and tenants of rental dwelling units.  The 
 statement shall include descriptions of the significant 
 provisions of this chapter and chapter 566.  The statement shall 
 notify tenants in public housing to consult their leases for 
 additional rights and obligations they may have under federal 
 law.  The statement shall include the telephone number and 
 address of the attorney general for further information.  

    The attorney general shall annually revise the statement 
 provided in this section as necessary to ensure that it 
 continues accurately to describe the statutory and case law 
 governing the rights and duties of owners and tenants of rental 
 dwelling units.  After preparing the statement for the first 
 time and after each annual revision of the statement, the 
 attorney general shall hold a public meeting to discuss the 
 statement and receive comments on its contents before it is 
 issued.  When preparing the statement and evaluating public 
 comment, the attorney general shall be guided by the 
 legislature's intent that the statement be brief, accurate, and 
 complete in identifying significant legal rights and 
 obligations, and written using words with common, everyday 
 meanings. 

    Subd. 5.    Information required for maintenance of 
 action.  Except as otherwise provided in this subdivision, no 
 action to recover rent or possession of the premises shall be 
 maintained unless the information required by this section has 
 been disclosed to the tenant in the manner provided herein, or 
 unless the information required by this section is known by or 
 has been disclosed to the tenant at least 30 days prior to the 
 initiation of such action.  Failure by the owner to post a 
 notice required by subdivision 3, or 471.9995 shall not prevent 
 any action to recover rent or possession of the premises.  

    Subd. 6.    Notice to owner.  Any tenant who moves from 
 or subleases the premises without giving the owner at least 30 
 days written notice shall void any provision of this section and 
 section 504.23, as to such tenant.  

    Subd. 7.    Successors.  This section extends to and is 
 enforceable against any successor owner, caretaker, manager, or 
 individual to whom rental payments for the premises are made.  

    HIST: 1974 c 370 s 1; 1984 c 586 s 1-5; 1986 c 444