SF 1565

Introduction - 94th Legislature (2025 - 2026)

Posted on 05/28/2025 11:26 a.m.

A bill for an act
relating to landlord and tenant; clarifying effective dates; modifying landlord
covenants; providing additional remedies; making technical changes; amending
Minnesota Statutes 2024, sections 8.31, subdivision 1; 504B.161, subdivision 1;
504B.385, subdivision 1; 504B.395, subdivision 4; Laws 2023, chapter 52, article
19, sections 90; 102.

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

Section 1.

Minnesota Statutes 2024, section 8.31, subdivision 1, is amended to read:

Subdivision 1.

Investigate offenses against provisions of certain designated sections;
assist in enforcement.

The attorney general shall investigate violations of the law of this
state respecting unfair, discriminatory, and other unlawful practices in business, commerce,
or trade, and specifically, but not exclusively, the Nonprofit Corporation Act (sections
317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections
325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16),
the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against
false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67,
the act against monopolization of food products (section 325D.68), the act regulating
telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act
(sections 325F.68 to 325F.70), deleted text begin and deleted text end chapter 53A new text begin , and chapter 504B new text end regulating currency
exchanges and assist in the enforcement of those laws as in this section provided.

Sec. 2.

Minnesota Statutes 2024, section 504B.161, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) In every lease or license of residential premises, the
landlord or licensor covenants:

(1) that the premises and all common areas are fit for the use intended by the parties;

(2) to keep the premises and all common areas in reasonable repair during the term of
the lease or license, including services and conditions listed in section 504B.381, subdivision
1, and extermination of insects, rodents, vermin, or other pests on the premises, except when
the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant
or licensee or a person under the direction or control of the tenant or licensee;

(3) to make the premises and all common areas reasonably energy efficient by installing
weatherstripping, caulking, storm windows, and storm doors when any such measure will
result in energy procurement cost savings, based on current and projected average residential
energy costs in Minnesota, that will exceed the cost of implementing that measure, including
interest, amortized over the ten-year period following the incurring of the cost;

(4) to maintain the premises and all common areas in compliance with the applicable
health and safety laws of the United States, of the state, and of the local units of government,
including ordinances regulating rental licensing, where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licensee; deleted text begin and
deleted text end

(5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from
October 1 through April 30, unless a utility company requires and instructs the heat to be
reduced new text begin ; and
new text end

new text begin (6) to not commit a violation as defined in section 504B.001, subdivision 14 new text end .

(b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.

Sec. 3.

Minnesota Statutes 2024, section 504B.385, subdivision 1, is amended to read:

Subdivision 1.

Escrow of rent.

(a) If a violation exists in a residential building, a
residential tenant may deposit the amount of rent due to the landlord with the court
administrator using the procedures described in paragraphs (b) to (d).

(b) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
residential tenant may deposit with the court administrator the rent due to the landlord along
with a copy of the written notice of the code violation as provided in section 504B.185,
subdivision 2. The residential tenant may not deposit the rent or file the written notice of
the code violation until the time granted to make repairs has expired without satisfactory
repairs being made, unless the residential tenant alleges that the time granted is excessive.

(c) For a violation as defined in section 504B.001, subdivision 14, clause (2) deleted text begin or deleted text end new text begin , new text end (3), new text begin (4),
or (5), new text end the residential tenant must give written notice to the landlord specifying the violation.
The notice must be delivered personally or sent to the person or place where rent is normally
paid. If the violation is not corrected within 14 days, the residential tenant may deposit the
amount of rent due to the landlord with the court administrator along with an affidavit
specifying the violation. The court must provide a simplified form affidavit for use under
this paragraph.

(d) The residential tenant need not deposit rent if none is due to the landlord at the time
the residential tenant files the notice required by paragraph (b) or (c). All rent which becomes
due to the landlord after that time but before the hearing under subdivision 6 must be
deposited with the court administrator. As long as proceedings are pending under this section,
the residential tenant must pay rent to the landlord or as directed by the court and may not
withhold rent to remedy a violation.

Sec. 4.

Minnesota Statutes 2024, section 504B.395, subdivision 4, is amended to read:

Subd. 4.

Landlord must be informed.

A landlord must be informed in writing of an
alleged violation at least 14 days before an action is brought by:

(1) a residential tenant of a residential building in which a violation as defined in section
504B.001, subdivision 14, clause (2) deleted text begin or deleted text end new text begin , new text end (3), new text begin (4), or (5), new text end is alleged to exist; or

(2) a housing-related neighborhood organization, with the written permission of a
residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, clause (2), new text begin (3), (4), or (5), new text end is alleged to exist. The notice
requirement may be waived if the court finds that the landlord cannot be located despite
diligent efforts.

Sec. 5.

Laws 2023, chapter 52, article 19, section 90, is amended to read:

Sec. 90. EFFECTIVE DATE.

Sections 83 to 89 are effective January 1, 2024, and apply to leases deleted text begin signed deleted text end new text begin entered into,
renewed, or extended new text end on or after that date. new text begin For the purposes of this section, estates at will
shall be deemed to be renewed or extended at the commencement of each rental period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2024.
new text end

Sec. 6.

Laws 2023, chapter 52, article 19, section 102, is amended to read:

Sec. 102. EFFECTIVE DATE.

Sections 97, 98, and 100 are effective January 1, 2024, and apply to leases entered into
deleted text begin or deleted text end new text begin , new text end renewed new text begin , or extended new text end on or after January 1, 2024. new text begin For the purposes of this section, estates
at will shall be deemed to be renewed or extended at the commencement of each rental
period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2024.
new text end