SF 4105
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/13/2026 09:00 a.m.
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A bill for an act
relating to landlord and tenant; providing tenants with a right to repair violations
in a residential rental unit; requiring a notice; permitting a tenant to make deductions
from rent; proposing coding for new law in Minnesota Statutes, chapter 504B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[504B.386] TENANT RIGHT TO REPAIR TO REMEDY VIOLATIONS.
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new text begin Subdivision 1. new text end
new text begin Right to repair. new text end
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In lieu of a rent escrow action under section 504B.385,
a tenant may pay for the repairs in a residential rental unit after notice and an opportunity
to repair has been provided to the landlord as provided in this section. The tenant may
subtract the cost of the repairs from the tenant's future rent or receive a reimbursement as
provided in this section.
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new text begin Subd. 2. new text end
new text begin Noticed required. new text end
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(a) Before contracting for repairs and paying for a repair to
the residential rental unit, the tenant must:
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(1) provide a written notice to the landlord at the address where the tenant sends rent;
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(2) call, text, or send an email or rental portal communication to the landlord, if the
telephone number or email address is known; and
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(3) notify the landlord of the repair that is needed and of the tenant's intent to deduct the
cost of the repair from the tenant's rent.
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(b) Except as provided under paragraph (c), the tenant must provide the notice required
under this subdivision at least 14 days before making any repairs.
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(c) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
residential tenant must include a copy of the written notice of the code violation as provided
in section 504B.185, subdivision 2, if an inspection has occurred. The tenant must inform
the landlord of the tenant's intent to use the tenant's future rent to pay for the repairs when
the notice is provided.
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(d) For a violation as defined in section 504B.001, subdivision 14, clause (2) or (3), the
tenant must include in the written notice to the landlord information specifying the violation.
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new text begin Subd. 3. new text end
new text begin Opportunity to dispute. new text end
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If the landlord disputes that a repair is required, the
landlord must send written notice to the tenant within 14 days of the tenant's notice and
arrange for a building official to inspect the property. If a landlord does not respond to the
tenant's notice within 14 days, the landlord waives the right to claim that a repair is not
required. If the inspection confirms that the repair is required or if an inspection does not
occur within 30 days of the landlord's written notice of dispute, the tenant retains the right
to initiate the repair.
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new text begin Subd. 4. new text end
new text begin Tenant contracting repairs; bids; notice. new text end
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(a) If the landlord has not provided
the tenant with a scheduled repair date or the violation is not corrected within 14 days of
the tenant providing written notice under subdivision 2, the tenant may contract for repairs.
A tenant may contract for repairs under the same process in this section for necessary repairs
in a common area of a residential building if the repair is necessary for the safety and
operation of the building for tenants.
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(b) A tenant contracting for repairs under this section must obtain bids from two different
contractors or servicers that routinely repair or specialize in making the type of repair that
is needed and must choose the contractor or servicer with the lower bid. The tenant must
notify the landlord of each bid received within 24 hours of receiving a bid and must notify
the landlord of any scheduled repairs within 24 hours of scheduling the repair date.
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new text begin Subd. 5. new text end
new text begin Deduction; reimbursement. new text end
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(a) The tenant must provide a payment receipt
to the landlord before subtracting the amount paid for repairs from the rent. The tenant may
reduce the rent for each rental payment owed until the total amount of the repair has been
paid. Any deductions made by a tenant under this section is limited to an amount equal to
rent payment for two months within a 12-month period. If the tenant's rent is subsidized in
whole or in part by a governmental agency, the deduction limitation of two months' rent
shall mean the fair market rent for the dwelling and not the rent that the tenant pays.
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(b) As an alternative to a tenant's deduction of rent, a landlord may directly reimburse
the tenant for the cost of repairs listed on a payment receipt.
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(c) A landlord must reimburse a tenant for any outstanding payments made by a tenant
under this section if the lease terminates before the tenant is able to deduct costs from future
rent.
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(d) Notwithstanding a tenant's payment for repairs that are deducted from rent under
this subdivision, nothing in this subdivision relieves a landlord from the requirements of
United States Code, title 26, section 6041, paragraph (a).
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new text begin Subd. 6. new text end
new text begin Retaliation prohibited. new text end
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A landlord must not take adverse action against a
tenant who exercises the tenant's rights under this section if the adverse action is intended
as a penalty for the residential tenant's exercise of rights under this section. Adverse actions
include but are not limited to filing an eviction, issuing a notice of nonrenewal, increasing
monthly rent, increasing tenant's obligations under a lease, or decreasing services under a
lease. No person or tenant who complies with this section may be evicted for nonpayment
of rent because the person or tenant has elected to deduct the cost of work from rental
payments.
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new text begin Subd. 7. new text end
new text begin Private right of action. new text end
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The tenant may bring an action against a person who
violates this section and the court may award to a prevailing tenant:
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(1) a rent reduction or rescission of the lease;
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(2) up to a $500 civil penalty for each violation; and
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(3) reasonable attorney fees.
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new text begin Subd. 8. new text end
new text begin Liability; rights to property. new text end
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(a) A contractor or servicer who enters the
premises to make repairs under this section is liable to the landlord for any damage to
property.
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(b) Any new appliance acquired pursuant to this section is the property of the landlord.
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new text begin Subd. 9. new text end
new text begin Exemption. new text end
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This section does not apply to:
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(1) emergency repairs under section 504B.381; and
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(2) short-term rental property, as defined in section 273.13, subdivision 25, paragraph
(b).
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