Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 20

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 03:48pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12
1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27

A bill for an act
relating to real property; modifying termination of tenancy at will; requiring
residential tenant notice of grounds for eviction before action may be brought;
amending Minnesota Statutes 2020, sections 504B.135; 504B.321.

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

Section 1.

Minnesota Statutes 2020, section 504B.135, is amended to read:


504B.135 TERMINATING TENANCY AT WILL.

deleted text begin (a)deleted text end A tenancy at will may be terminated by either party by giving notice in writing. The
time of the notice must be at least as long as the interval between the time rent is due or
three months, whichever is less.

deleted text begin (b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may
terminate the tenancy by giving the tenant 14 days notice to quit in writing.
deleted text end

Sec. 2.

Minnesota Statutes 2020, section 504B.321, is amended to read:


504B.321 COMPLAINT AND SUMMONS.

Subdivision 1.

Procedure.

(a) To bring an eviction action, the person complaining shall
file a complaint with the court, stating the full name and date of birth of the person against
whom the complaint is made, unless it is not known, describing the premises of which
possession is claimed, stating the facts which authorize the recovery of possession, and
asking for recovery thereof.

(b) The lack of the full name and date of birth of the person against whom the complaint
is made does not deprive the court of jurisdiction or make the complaint invalid.

(c) The court shall issue a summons, commanding the person against whom the complaint
is made to appear before the court on a day and at a place stated in the summons.

(d) The appearance shall be not less than seven nor more than 14 days from the day of
issuing the summons, except as provided by subdivision 2.

(e) A copy of the complaint shall be attached to the summons, which shall state that the
copy is attached and that the original has been filed.

new text begin (f) If applicable, the person filing a complaint must attach a copy of the written notice
described in subdivision 1a. The court shall dismiss an action without prejudice for failure
to provide a notice as described in subdivision 1a and grant an expungement of the eviction
case court file.
new text end

new text begin Subd. 1a. new text end

new text begin Written notice. new text end

new text begin (a) Before bringing an eviction action alleging nonpayment
of rent or other unpaid financial obligation in violation of the lease, a landlord must provide
written notice to the residential tenant specifying the basis for a future eviction action.
new text end

new text begin (b) For an allegation of nonpayment of rent or other unpaid financial obligations in
violation of the lease, the landlord must include the following in a written notice:
new text end

new text begin (1) the total amount due;
new text end

new text begin (2) a specific accounting of the amount of the total due that is comprised of unpaid rents,
late fees, or other charges under the lease; and
new text end

new text begin (3) the name and address of the person authorized to receive rent and fees on behalf of
the landlord.
new text end

new text begin (c) A notice provided under this section must:
new text end

new text begin (1) provide a statement that a low-income residential tenant may be eligible for financial
assistance from the county;
new text end

new text begin (2) provide a description on how to access legal and financial assistance through the
"Law Help" website at www.lawhelpmn.org and "Minnesota 211" through its website at
www.211unitedway.org or by calling 211; and
new text end

new text begin (3) state that the landlord may bring an eviction action following expiration of the 14-day
notice period if the residential tenant fails to pay the total amount due or fails to vacate.
new text end

new text begin (d) The landlord or an agent of the landlord must deliver the notice personally or by first
class mail to the residential tenant at the address of the leased premises.
new text end

new text begin (e) Only if the residential tenant fails to correct the rent delinquency within 14 days of
the delivery or mailing of the notice, or fails to vacate, the landlord may bring an eviction
action under subdivision 1 based on the nonpayment of rent.
new text end

new text begin (f) Receipt of a notice under this section is an emergency situation under section 256D.06,
subdivision 2, and Minnesota Rules, chapter 9500. For purposes of chapter 256J and
Minnesota Rules, chapter 9500, a county agency verifies an emergency situation by receiving
and reviewing a notice under this section. If a residential tenant applies for financial
assistance from the county, the landlord must cooperate with the application process by:
new text end

new text begin (1) supplying all information and documentation requested by the residential tenant or
the county; and
new text end

new text begin (2) accepting or placing into escrow partial rent payments where necessary to establish
a residential tenant's eligibility for assistance.
new text end

Subd. 2.

Expedited procedure.

(a) In an eviction action brought under section 504B.171
or on the basis that the new text beginresidential new text endtenant is causing a nuisance or other illegal behavior that
seriously endangers the safety of other residents, their property, or the landlord's property,
the person filing the complaint shall file an affidavit stating specific facts and instances in
support of why an expedited hearing is required.

(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 thenew text begin residentialnew text end 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 $500 for abuse of the expedited hearing process.