SF 4369
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/12/2026 10:01 a.m.
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A bill for an act
relating to housing; modifying the process for a termination of lease upon the death
or infirmity of a tenant; amending Minnesota Statutes 2024, sections 504B.265,
subdivision 1, by adding a subdivision; 504B.266, subdivisions 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 504B.265, subdivision 1, is amended to read:
Subdivision 1.
Termination of lease.
new text begin For a residential lease signed before July 1, 2026,
new text end any party to a lease of residential premises other than a lease at will may terminate the lease
prior to its expiration date in the manner provided in subdivision 2 upon the death of the
tenant or, if there is more than one tenant, upon the death of all tenants.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026, and applies to a lease signed
before that date.
new text end
Sec. 2.
Minnesota Statutes 2024, section 504B.265, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Termination of lease after July 1, 2026; notice. new text end
new text begin
For a residential lease signed
on or after July 1, 2026, a tenant, or the authorized representative of the tenant of a residential
lease, or if there is more than one tenant, any surviving tenant may terminate the lease in
the manner provided in this subdivision upon the death of the tenant. The authorized
representative of the tenant's estate, or a surviving tenant, may terminate the lease upon
written notice to the landlord, to be effective no sooner than the last day of the month when
the notice was provided. The notice shall be hand delivered or mailed by postage prepaid,
first class United States mail to the landlord. The termination of a lease under this section
shall not relieve the tenant's estate from liability either for the payment of rent or other sums
owed prior to or during the notice period, or for the payment of amounts necessary to restore
the premises to their condition at the commencement of the tenancy, ordinary wear and tear
excepted.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026, and applies to a lease signed
on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2024, section 504B.266, subdivision 2, is amended to read:
Subd. 2.
Termination of lease upon infirmity of tenant.
(a) A tenant or the authorized
representative of the tenant may terminate the lease prior to the expiration of the lease in
the manner provided in subdivision 3 if the tenant has or, if there is more than one tenant,
one of the tenants has, been found by a medical professional to need to move into a medical
care facility and:
(1) require assistance with instrumental activities of daily living or personal activities
of daily living due to medical reasons or a disability;
(2) meet one of the nursing facility level of care criteria under section 144.0724,
subdivision 11; or
(3) have a disability or functional impairment in three or more of the areas listed in
section 245.462, subdivision 11a, so that self-sufficiency is markedly reduced because of
a mental illness.
(b) When a tenant requires an accessible unit as defined in section 363A.40, subdivision
1, and the landlord can provide an accessible unit new text begin at the same rate new text end in the same complex
where the tenant currently resides that is available within deleted text begin two monthsdeleted text end new text begin one monthnew text end of the
request, then the provisions of this section do not apply and the tenant may not terminate
the lease.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026, and applies to a lease
signed before, on, or after that date.
new text end
Sec. 4.
Minnesota Statutes 2024, section 504B.266, subdivision 3, is amended to read:
Subd. 3.
Notice.
When the conditions in subdivision 2 have been met, the tenant or the
tenant's authorized representative may terminate the lease by providing deleted text begin at least two months'deleted text end
written notice to be effective deleted text begin ondeleted text end new text begin no sooner thannew text end the last day of deleted text begin a calendardeleted text end new text begin thenew text end monthnew text begin when
notice was providednew text end . The notice must be either hand-delivered or mailed by postage prepaid,
first class United States mail. The notice must include: (1) a copy of the medical professional's
written documentation of the infirmity; and (2) documentation showing that the tenant has
been accepted as a resident or has a pending application at a location where the medical
professional has indicated that the tenant needs to move. The termination of a lease under
this section shall not relieve the eligible tenant from liability either for the payment of rent
or other sums owed prior to or during the notice period, or for the payment of amounts
necessary to restore the premises to their condition at the commencement of the tenancy,
ordinary wear and tear excepted.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026, and applies to a lease
signed before, on, or after that date.
new text end