SF 4171
2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 05/05/2026 08:32 a.m.
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A bill for an act
relating to housing; providing for submetered utility service final billing for vacating
tenants; modifying provisions related to the payment of rent by tenants; prohibiting
listing a minor in certain eviction actions; modifying expedited eviction procedures;
amending Minnesota Statutes 2024, sections 216B.023, by adding a subdivision;
504B.118; 504B.216, by adding a subdivision; 504B.321, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 504B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 216B.023, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Final billing for submetered utility service. new text end
new text begin
If, by the date the tenant vacates
the unit, a landlord has not received from the utility provider the actual utility bill for utility
service, the landlord may issue an estimated final utility bill to the tenant. The calculation
must be based on the immediately preceding billing period for the submetered utility bill
charged to the tenant, prorated for the number of days between the end of the prior billing
period and the date the tenant vacates the unit. No additional fees or charges may be assessed,
except that nothing in this subdivision prohibits a landlord from assessing and including in
the final utility bill:
new text end
new text begin
(1) an administrative billing charge authorized under subdivision 4; and
new text end
new text begin
(2) a late payment charge authorized under subdivision 6, provided that the late payment
charge reflects only a late fee for unpaid charges from the immediately preceding billing
period.
new text end
Sec. 2.
Minnesota Statutes 2024, section 504B.118, is amended to read:
504B.118 deleted text begin RECEIPT FOR RENT PAID IN CASHdeleted text end new text begin PAYMENT OF RENTnew text end .
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "digital payment platform"
means an electronic application or system, under the direct control of the landlord or operated
by a vendor under contract with the landlord, that permits a user to conduct financial
transactions.
new text end
new text begin Subd. 2. new text end
new text begin Receipt for rent paid in cash. new text end
A landlord receiving rent or other payments
from a tenant in cash must provide a written receipt for payment immediately upon receipt
if the payment is made in person, or within three business days if payment in cash is not
made in person.
new text begin Subd. 3. new text end
new text begin Digital payment platforms. new text end
new text begin
(a) If a landlord requires or permits a tenant to
pay rent and other charges using a digital payment platform, a landlord must offer a tenant
an alternative to using the digital payment platform if the platform is not functioning. No
fee may be charged to the tenant to use an alternative form of payment.
new text end
new text begin
(b) If the landlord knows that the digital payment platform is not functioning, the landlord
must restore access to the digital payment platform or offer an alternative means of payment
as soon as practicable.
new text end
new text begin
(c) A landlord is prohibited from taking any adverse action, including but not limited to
filing an eviction or assessing late fees, when payment of rent or other charges is not paid
because both the digital payment platform and the alternative payment method the landlord
provided are not functioning for the tenant.
new text end
new text begin Subd. 4. new text end
new text begin Affirmative defense. new text end
new text begin
The tenant has an affirmative defense against an eviction
action filed for nonpayment of rent if the landlord violates this section. Upon a showing
that the landlord has violated this section, the eviction action must be dismissed, and the
tenant is entitled to reasonable attorney fees and any other equitable relief the court deems
appropriate.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026. Subdivision 4 applies
to eviction actions filed on or after that date.
new text end
Sec. 3.
new text begin
[504B.2136] MINORS AS DEFENDANTS PROHIBITED.
new text end
new text begin
(a) A residential landlord shall not list the minor child of a residential tenant as a
defendant in an eviction action complaint against a residential tenant. If a minor is the only
person renting the unit from the landlord, the landlord may list the minor as a defendant in
an eviction action complaint against the minor.
new text end
new text begin
(b) The requirements of this section may not be waived or modified by the parties to a
residential lease. Any provision, whether oral or written, of a lease or other agreement by
which any provision of this section is waived by a tenant is contrary to public policy and
void.
new text end
new text begin
(c) The tenant shall recover from the landlord actual damages or $300, whichever is
greater, for a violation of this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026, and applies to eviction
actions filed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2024, section 504B.216, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Final billing for apportioned utility service. new text end
new text begin
If, by the date the tenant vacates
the unit, a landlord has not received from the utility provider the actual utility bill for utility
service, the landlord may issue an estimated final utility bill to the tenant. The calculation
must be based on the immediately preceding billing period for the apportioned utility bill
charged to the tenant, prorated for the number of days between the end of the prior billing
period and the date the tenant vacates the unit. No additional fees or charges may be assessed,
except that nothing in this subdivision prohibits a landlord from assessing and including in
the final utility bill:
new text end
new text begin
(1) an administrative billing charge authorized under subdivision 8; and
new text end
new text begin
(2) a late payment charge authorized under subdivision 9, provided that the late payment
charge reflects only a late fee for unpaid charges from the immediately preceding billing
period.
new text end
Sec. 5.
Minnesota Statutes 2024, section 504B.321, subdivision 2, is amended to read:
Subd. 2.
Expedited procedure.
(a) In an eviction action brought under section 504B.171
or on the basis that the residential tenant engages in behavior that seriously endangers the
safety of other residentsnew text begin , assaults the landlord or the landlord's employees or contractorsnew text end ,
or intentionally and seriously damages the property of the landlord or a tenant, the person
filing the complaint shall file an affidavit stating specific facts and instances in support of
why an expedited hearing is required.new text begin For the purposes of this subdivision, "assault" has
the meaning given in section 609.02, subdivision 10.
new text end
(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled
for an expedited hearing only if sufficient supporting facts are stated and they meet the
requirements of this paragraph.
(c) The appearance in an expedited hearing shall be not less than five days nor more
than seven days from the date the summons is issued. The summons, in an expedited hearing,
shall be served upon the residential tenant within 24 hours of issuance unless the court
orders otherwise for good cause shown.
(d) If the court determines that the person seeking an expedited hearing did so without
sufficient basis under the requirements of this subdivision, the court shall impose a civil
penalty of up to deleted text begin $500deleted text end new text begin $750new text end for abuse of the expedited hearing process.
(e) The court may only consider allegations under paragraph (a) during an expedited
hearing. The court may not consolidate claims heard under the expedited procedure with
any additional claims, including but not limited to breach of lease, holding over under section
504B.285, or nonpayment of rent under section 504B.291.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026, and applies to eviction
actions filed on or after that date.
new text end