HF 3517

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to landlord and tenant; modifying expungement and withholding of
rent under certain circumstances; amending Minnesota Statutes 2006, sections
484.014, by adding a subdivision; 504B.178, subdivision 8.

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

Section 1.

Minnesota Statutes 2006, section 484.014, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Mandatory expungement. new text end

new text begin The court shall order expungement of an
eviction case commenced solely on the grounds provided in section 504B.285, subdivision
1, clause (1), if the court finds that:
new text end

new text begin (a) the defendant occupied real property which was subject to contract for deed
cancellation or mortgage foreclosure; and
new text end

new text begin (b) either:
new text end

new text begin (1) the time for contract cancellation or foreclosure redemption has expired and the
defendant vacated the property prior to commencement of the eviction action; or
new text end

new text begin (2) the defendant was a tenant during the contract cancellation or foreclosure
redemption period and did not receive a notice under section 504B.285, subdivision 1,
clause (1), to vacate on a date prior to commencement of the eviction case.
new text end

Sec. 2.

Minnesota Statutes 2006, section 504B.178, subdivision 8, is amended to read:

Subd. 8.

Withholding rent.

No tenant may withhold payment of all or any portion
of rent for the last payment period of a residential rental agreement, except an oral or
written month to month residential rental agreement concerning which neither the tenant
nor landlord has served a notice to quit, new text begin or for the last month of a contract for deed
cancellation period under section 559.21 or a mortgage foreclosure redemption period
under chapter 580 or 582, new text end on the grounds that the deposit should serve as payment for the
rent. Withholding all or any portion of rent for the last payment period of the residential
rental agreement creates a rebuttable presumption that the tenant withheld the last payment
on the grounds that the deposit should serve as payment for the rent. Any tenant who
remains in violation of this subdivision after written demand and notice of this subdivision
shall be liable to the landlord for the following:

(1) a penalty in an amount equal to the portion of the deposit which the landlord
is entitled to withhold under subdivision 3 other than to remedy the tenant's default in
the payment of rent; and

(2) interest on the whole deposit as provided in subdivision 2, in addition to the
amount of rent withheld by the tenant in violation of this subdivision.