HF 3279

as introduced - 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; prohibiting the 
  1.3             taking of earnest collateral; providing for a civil 
  1.4             penalty; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 504. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [504.38] [EARNEST MONEY.] 
  1.8      Subdivision 1.  [DEFINITION.] For the purpose of this 
  1.9   section, "earnest collateral" means money given to a landlord 
  1.10  from a prospective tenant of a residential dwelling unit as a 
  1.11  condition of the landlord's refusing to consider other 
  1.12  prospective tenants for the same unit, but before a lease has 
  1.13  been agreed to. 
  1.14     Subd. 2.  [EARNEST COLLATERAL LIMITATIONS.] A landlord may 
  1.15  not accept earnest collateral from a prospective tenant. 
  1.16     Subd. 3.  [REMEDIES.] In addition to any other remedies, a 
  1.17  landlord who violates this section is liable to the payor of the 
  1.18  earnest collateral for twice the amount of the collateral paid, 
  1.19  plus costs and reasonable attorney fees.