1.1                          A bill for an act
  1.2             relating to landlords and tenants; requiring a 
  1.3             pretenancy and posttenancy walk-through of residential 
  1.4             rental property; imposing civil penalties; requiring 
  1.5             restitution for criminal damage to leased residential 
  1.6             rental property by a tenant; amending Minnesota 
  1.7             Statutes 1996, section 504.20, by adding subdivisions; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 611A. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 504.20, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 1a.  [PRETENANCY AND POSTTENANCY WALK-THROUGH AND 
  1.14  CHECKLIST.] (a) After entering into a residential rental 
  1.15  agreement, whether oral or written, but before the tenant takes 
  1.16  possession of the premises, the landlord or the landlord's agent 
  1.17  and each tenant shall walk through the residential rental 
  1.18  property and identify in writing all existing conditions that 
  1.19  would be considered damage to the premises.  The landlord or the 
  1.20  landlord's agent and each tenant shall sign the list of 
  1.21  conditions existing before the tenant takes possession and the 
  1.22  landlord or the landlord's agent shall provide to each tenant a 
  1.23  copy of the signed list.  If there is more than one tenant 
  1.24  identified in the rental agreement and not all tenants are able 
  1.25  to be present for the pretenancy walk-through, any one of the 
  1.26  tenants may assume responsibility for identifying damage, if 
  1.27  any, in the pretenancy walk-through with the landlord or the 
  2.1   landlord's agent.  
  2.2      (b) At the end of the tenancy, the landlord or the 
  2.3   landlord's agent and each tenant shall walk through the 
  2.4   residential rental property and identify in writing all damage 
  2.5   to the premises that occurred after the tenant took possession.  
  2.6   Damage to the premises that occurred after the tenant took 
  2.7   possession shall be determined by comparing the conditions with 
  2.8   those found and identified in writing from the pretenancy 
  2.9   walk-through.  If there is more than one tenant identified in 
  2.10  the rental agreement and not all tenants are able to be present 
  2.11  for the posttenancy walk-through, any one of the tenants may 
  2.12  assume responsibility for identifying damage, if any, in the 
  2.13  posttenancy walk-through with the landlord or the landlord's 
  2.14  agent.  If a tenant fails to participate in the posttenancy 
  2.15  walk-through, and no other tenant has assumed responsibility for 
  2.16  the walk-through, the landlord or the landlord's agent may 
  2.17  contact the police and request a damage report. 
  2.18     (c) A landlord who violates this subdivision may not seek 
  2.19  restitution under section 611A.0451. 
  2.20     Sec. 2.  Minnesota Statutes 1996, section 504.20, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 1b.  [CIVIL PENALTY.] A landlord that violates 
  2.23  subdivision 1a shall be liable to the tenant for a $100 civil 
  2.24  penalty. 
  2.25     Sec. 3.  [611A.0451] [RESTITUTION; TENANT CRIMINAL DAMAGE 
  2.26  TO PROPERTY.] 
  2.27     If a tenant or a tenant's guest is convicted of violating 
  2.28  section 609.595 or an ordinance prohibiting damage to property 
  2.29  and the violation involves leased residential rental property, 
  2.30  the court, considering the request of the landlord, shall 
  2.31  require the convicted offender to make restitution in one or 
  2.32  more of the following ways: 
  2.33     (1) under sections 611A.04 and 611A.045; 
  2.34     (2) by being required to perform work for the owner of the 
  2.35  leased residential rental property; or 
  2.36     (3) by being required to perform community service. 
  3.1      Sec. 4.  [ATTORNEY GENERAL INSTRUCTION.] 
  3.2      The attorney general shall do outreach and education of 
  3.3   landlords and tenants concerning the civil penalty in section 2. 
  3.4      Sec. 5.  [EFFECTIVE DATE.] 
  3.5      Section 2 is effective August 1, 1998.