HF 1147

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

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