HF 2151

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 03:28pm

A bill for an act
relating to housing; creating a duty to mitigate damages in a residential lease
violation; 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.272] DUTY TO MITIGATE DAMAGES.
new text end

new text begin A landlord or a tenant who is seeking damages for a breach of a residential lease
must make reasonable efforts to mitigate the damages due to the breach, including
allowing the sublease or assignment of the lease of the residential real property by a
suitable tenant, unless the sublease or assignment is prohibited by an applicable rule
governing a subsidized housing program. For the purposes of this section, "applicable
rule" means a federal, state, municipal, or government statute, ordinance, regulation,
handbook, guidebook, model lease, or similar program requirement. In making reasonable
efforts to mitigate damages, the landlord is not obligated to offer any preferential treatment
to show or lease the unit in question before other currently vacant units.
new text end