HF 1378

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; adding certain 
  1.3             heating requirements; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 504. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [504.187] [HEATING CODE.] 
  1.7      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.8   section the terms defined in section 566.18 have the meanings 
  1.9   given. 
  1.10     Subd. 2.  [ADEQUATE HEATING FACILITIES REQUIRED.] Owners 
  1.11  shall ensure that buildings have heating facilities with 
  1.12  thermostats that are properly installed, safely maintained, in 
  1.13  good working condition, and capable of safely and adequately 
  1.14  heating all habitable rooms and bathrooms in a rental unit to a 
  1.15  temperature of at least 68 degrees Fahrenheit when the outside 
  1.16  temperature is -20 degrees Fahrenheit or less. 
  1.17     Subd. 3.  [MINIMUM TEMPERATURE.] When the tenant does not 
  1.18  control the temperature of a rental unit, the owner must 
  1.19  maintain a minimum room temperature of 68 degrees Fahrenheit at 
  1.20  three feet from the floor in all habitable rooms and bathrooms 
  1.21  at all times. 
  1.22     Subd. 4.  [OWNER.] If an owner does not comply with 
  1.23  subdivision 2 or 3, the tenant shall make a reasonable attempt 
  1.24  to notify the owner, either orally or in writing, of the 
  1.25  condition and of the tenant's intention to have the necessary 
  2.1   repair made within 48 hours or less as is reasonable under the 
  2.2   circumstances if the owner has not done so.  If the condition is 
  2.3   not remedied, the tenant may have the necessary repairs made 
  2.4   and, upon submitting receipts to the owner, deduct the cost from 
  2.5   the rent. 
  2.6      Subd. 5.  [PENALTY.] If the owner violates any portion of 
  2.7   this section, the tenant is entitled to, at the tenant's 
  2.8   election, a penalty including, but not limited to, any or all of 
  2.9   the following: 
  2.10     (1) rescission of the lease with return of the security 
  2.11  deposit within five working days after vacating the premises, 
  2.12  less any proven damages to the rental unit; 
  2.13     (2) rent abatement of up to the full amount of rent paid 
  2.14  for a rental period; and 
  2.15     (3) a $100 civil penalty for each violation. 
  2.16     Subd. 6.  [ENFORCEMENT.] The tenant may follow the 
  2.17  procedures in sections 566.18 to 566.34 to enforce this 
  2.18  section.  The provisions of this section may not be waived by 
  2.19  contract or otherwise.