Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 2985

as introduced - 86th Legislature (2009 - 2010) Posted on 02/15/2010 10:16am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8
1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24
2.1 2.2 2.3 2.4 2.5 2.6 2.7
2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17
2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9

A bill for an act
relating to landlord and tenant; prohibiting imposition of a late fee except in
specified circumstances; requiring a receipt for certain rent payments; permitting
a tenant to make emergency repairs; modifying other laws related to a rental
agreement; amending Minnesota Statutes 2008, sections 504B.111; 504B.178,
by adding a subdivision; 504B.385, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 504B.

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

Section 1.

Minnesota Statutes 2008, section 504B.111, is amended to read:


504B.111 WRITTEN LEASE REQUIRED; PENALTY.

new text begin (a) new text end A landlord of a residential building with 12 or more residential units must have a
written lease for each unit rented to a residential tenant. Notwithstanding any other state
law or city ordinance to the contrary, a landlord may ask for the tenant's full name and
date of birth on the lease and application. A landlord who fails to provide a lease, as
required under this section, is guilty of a petty misdemeanor.

new text begin (b) A landlord of a residential building may not charge a late fee if the payment of
rent is made after the date on which it is due unless the tenant and landlord have agreed in
writing that a fee may be imposed. An agreement allowing for a late fee must provide that
the fee may not be imposed earlier than five days after the rent is due. In no case may the
late fee exceed the amount provided for in section 47.59, subdivision 6, paragraph (a),
clause (4). Any late fee charged or collected may not be considered to be either interest or
liquidated damages. For the purposes of this paragraph, the "due date" does not include a
date earlier than the date contained in the written or oral agreement to lease by which, if
the rent is paid, the tenant earns a discount.
new text end

Sec. 2.

new text begin [504B.118] RECEIPT FOR RENT.
new text end

new text begin A landlord receiving rent or other payments from a tenant by cash or money order
shall:
new text end

new text begin (1) provide a written receipt for payment immediately upon receipt if the payment is
made in person; or
new text end

new text begin (2) provide a written receipt by mail or personal delivery within one business day
of receipt if the payment is made by mail.
new text end

Sec. 3.

Minnesota Statutes 2008, section 504B.178, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Limitation on security deposit and advance payment of rent. new text end

new text begin (a) A
landlord or landlord's agent may not demand or receive a security deposit or advance
payment of rent which, in sum, totals in excess of:
new text end

new text begin (1) one month's rent if the rental agreement does not permit pets; or
new text end

new text begin (2) 1-1/4 month's rent if the lease does permit pets and the inclusion of lessee's pets
is part of the rental agreement.
new text end

new text begin (b) A landlord who violates this subdivision is liable to the tenant for the amount of
the security deposit plus damages of $500.
new text end

Sec. 4.

new text begin [504B.382] TENANT'S RIGHT TO MAKE EMERGENCY REPAIRS.
new text end

new text begin Subdivision 1. new text end

new text begin Right to make repairs and deduct cost from rent. new text end

new text begin A tenant may
make necessary repairs in cases of emergency and deduct the cost of the repairs from rent
payments due to the landlord, subject to the requirements of this section. For the purposes
of this section, "cases of emergency" means:
new text end

new text begin (1) the loss of:
new text end

new text begin (i) running water;
new text end

new text begin (ii) hot water;
new text end

new text begin (iii) heat;
new text end

new text begin (iv) electricity;
new text end

new text begin (v) sanitary facilities;
new text end

new text begin (vi) working cooking facilities;
new text end

new text begin (vii) a working refrigerator; or
new text end

new text begin (viii) a working elevator;
new text end

new text begin (2) from June 1 to August 31, a working air conditioner if the air conditioner is
included in the lease as provided by the landlord;
new text end

new text begin (3) any condition that is the responsibility of the landlord to change, remedy, or
repair and that violates a provision of state law or municipal code in such a manner that
will cause the premises to be:
new text end

new text begin (i) condemned;
new text end

new text begin (ii) declared unfit for human habitation; or
new text end

new text begin (iii) declared unlawfully occupied; and
new text end

new text begin (4) any repair which, according to a written statement by a person licensed under
the laws of Minnesota to practice medicine, is required to avoid a serious medical
consequence to an occupant.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin A tenant may deduct from the rent the cost incurred to eliminate
the emergency conditions only if the tenant gives 48 hours prior notice to the landlord or
landlord's agent of the emergency and of the tenant's intention to make repairs to eliminate
the emergency if the landlord fails to make substantial progress within the notice period
toward completing the repairs.
new text end

new text begin Subd. 3. new text end

new text begin Restrictions on rights. new text end

new text begin (a) A tenant may deduct the cost of necessary
repairs from the next payment only if:
new text end

new text begin (1) the repairs are made in compliance with applicable codes and regulations;
new text end

new text begin (2) a professional license is required, the repairs are performed by a properly
licensed individual; and
new text end

new text begin (3) the tenant submits with the rent a bill or bills for the cost of materials and labor
for the repairs.
new text end

new text begin (b) The tenant may not deduct the cost of necessary repairs from the next rent
payment if the conditions the repairs are necessary to remedy were caused by the willful,
malicious, or negligent conduct of the tenant or a person under the direct control of the
tenant.
new text end

new text begin (c) The tenant is liable to the landlord for any damages to the premises caused by the
tenant or a person engaged by the tenant to perform the repairs.
new text end

new text begin (d) A tenant may not assert as a defense to an eviction action or an action for rent
that rent was deducted under this section to make necessary repairs unless the tenant
complies with all the applicable provisions of this section.
new text end

new text begin Subd. 4. new text end

new text begin Effect on other laws. new text end

new text begin The provisions of sections 514.01 to 514.16 do not
apply to repairs performed under this section.
new text end

new text begin Subd. 5. new text end

new text begin Waiver not allowed. new text end

new text begin Any provision of a lease or other agreement in
which the provisions of this section is waived by a residential tenant is contrary to public
policy and void.
new text end

Sec. 5.

Minnesota Statutes 2008, section 504B.385, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Termination of lease. new text end

new text begin If the tenant has given the proper notice required,
and the landlord has not cured the violation after the time period provided, under section
504B.395, subdivision 4, the tenant may, with seven days' notice, terminate the lease
without penalty. The termination of a lease under this subdivision does not relieve the
tenant of liability either for the payment of rent or other sums owed prior to or during the
notice period, or for the payment of amounts necessary to restore the premises to the
condition at the commencement of the tenancy, ordinary wear and tear excepted.
new text end