HF 445

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; clarifying the 
  1.3             definition of stolen property; amending Minnesota 
  1.4             Statutes 2000, section 504B.171, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 504B.171, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [TERMS OF COVENANT.] In every lease or 
  1.9   license of residential premises, whether in writing or parol, 
  1.10  the landlord or licensor and the tenant or licensee covenant 
  1.11  that: 
  1.12     (1) neither will: 
  1.13     (i) unlawfully allow controlled substances in those 
  1.14  premises or in the common area and curtilage of the premises; 
  1.15     (ii) allow prostitution or prostitution-related activity as 
  1.16  defined in section 617.80, subdivision 4, to occur on the 
  1.17  premises or in the common area and curtilage of the premises; 
  1.18     (iii) allow the unlawful use or possession of a firearm in 
  1.19  violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
  1.20  on the premises or in the common area and curtilage of the 
  1.21  premises; or 
  1.22     (iv) allow stolen property or property obtained by robbery 
  1.23  in those premises or in the common area and curtilage of the 
  1.24  premises, but this clause does not apply to property that is in 
  1.25  the tenant's possession that is the subject of a good faith 
  2.1   dispute over lease terms or any other covenant; and 
  2.2      (2) the common area and curtilage of the premises will not 
  2.3   be used by either the landlord or licensor or the tenant or 
  2.4   licensee or others acting under the control of either to 
  2.5   manufacture, sell, give away, barter, deliver, exchange, 
  2.6   distribute, purchase, or possess a controlled substance in 
  2.7   violation of any criminal provision of chapter 152.  The 
  2.8   covenant is not violated when a person other than the landlord 
  2.9   or licensor or the tenant or licensee possesses or allows 
  2.10  controlled substances in the premises, common area, or 
  2.11  curtilage, unless the landlord or licensor or the tenant or 
  2.12  licensee knew or had reason to know of that activity.