HF 1094

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 04:37pm

A bill for an act
relating to housing; providing tenants with a right to repair violations in a residential
rental unit; proposing coding for new law in Minnesota Statutes, chapter 504B.

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

Section 1.

new text begin [504B.386] TENANT RIGHT TO REPAIR TO REMEDY VIOLATION.
new text end

new text begin (a) In lieu of a rent escrow action under section 504B.381, 504B.385, or 504B.395, a
tenant may pay for the repairs in a residential rental unit after a 14-day notice and an
opportunity to repair has been provided to the landlord consistent with paragraph (b). The
tenant may subtract the cost of the repairs from the tenant's future rent.
new text end

new text begin (b) Fourteen days prior to a tenant contracting for repairs and paying for a repair to the
residential rental unit, the tenant must: (1) provide a written notice to the landlord at the
address where the tenant sends rent provided under section 504B.181; and (2) 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 via phone call, email, text message, or online portal, whichever means
of communication is normally used by the tenant to communicate with the landlord.
new text end

new text begin (c) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
residential tenant must provide a copy of the written notice of the code violation as provided
in section 504B.185, subdivision 2, if an inspection has occurred. If no inspection has
occurred, the tenant must provide an explanation of the repair that is needed and an estimate
to fix the repair to the landlord. The residential tenant may not make repairs until the time
granted by the inspector has expired without satisfactory repairs being made, unless the
residential tenant alleges that the time granted is excessive pursuant to section 504B.385.
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.
new text end

new text begin (d) For a violation as defined in section 504B.001, subdivision 14, clause (2) or (3), the
residential tenant must give written notice to the landlord specifying the violation. The
notice must be delivered personally or sent to the person or place where rent is normally
paid provided under section 504B.181, subdivision 1. The tenant must also 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 via phone call, email, text message, or online portal, whichever means of
communication is normally used by the tenant to communicate with the landlord. The tenant
must inform the landlord of the tenant's intent to use future rent to pay for the repair. If the
landlord has not provided the tenant with a scheduled repair date or the violation is not
corrected within seven days, the residential tenant may contract for repairs.
new text end

new text begin (e) 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.
new text end

new text begin (f) A tenant may repair or replace an appliance under this section. An appliance purchased
by the tenant is the property of the landlord when the tenant is reimbursed for the cost of
the appliance.
new text end

new text begin (g) The tenant must provide an invoice or payment receipt to the landlord when
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. When a
deduction of rent is not possible, a tenant shall still be reimbursed by the landlord for costs
associated with violations consistent with the provisions of this section.
new text end