Minnesota Legislature
HF 3591
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2024 03:52pm
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A bill for an act
relating to housing; amending provisions relating to residential housing leases;
amending landlord and tenant rights and obligations; amending residential tenant
screening agency obligations; amending provisions relating to residential housing
evictions; amending provisions relating to actions commenced by tenants; creating
new rights and obligations for landlords and tenants; making clarifying, technical,
and conforming changes to landlord and tenant provisions; amending Minnesota
Statutes 2022, sections 504B.001, subdivisions 4, 5, 11, 14, by adding subdivisions;
504B.101; 504B.111; 504B.115, subdivision 1; 504B.116; 504B.118; 504B.131;
504B.141; 504B.145; 504B.151, subdivision 1; 504B.155; 504B.161, subdivisions
2, 4, 5, by adding subdivisions; 504B.173, subdivision 1; 504B.175, subdivision
1, by adding a subdivision; 504B.177; 504B.178, subdivisions 1, 3, 7, 9, 10, by
adding a subdivision; 504B.181, subdivision 1, by adding a subdivision; 504B.185,
subdivision 2, by adding a subdivision; 504B.195, subdivisions 1, 5, by adding a
subdivision; 504B.204; 504B.205, subdivision 5; 504B.231; 504B.241, subdivisions
1, 4, 5, by adding a subdivision; 504B.245; 504B.261; 504B.265, subdivisions 1,
2, by adding a subdivision; 504B.271; 504B.275; 504B.285, subdivisions 1, 2;
504B.315; 504B.345, by adding a subdivision; 504B.365, subdivisions 1, 3, 5, by
adding a subdivision; 504B.371, subdivision 2; 504B.385, subdivisions 1, 4, 5, 6,
9, 11; 504B.391; 504B.395, subdivisions 1, 4, 6; 504B.415; 504B.421; 504B.425;
504B.431; 504B.441; 504B.451; 504B.471; Minnesota Statutes 2023 Supplement,
sections 504B.135; 504B.161, subdivision 1; 504B.171, subdivision 1; 504B.291,
subdivision 1; 504B.321, subdivision 5, by adding a subdivision; 504B.331;
504B.335; 504B.345, subdivision 1; 504B.371, subdivision 3; 504B.375,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 504B;
repealing Minnesota Statutes 2022, sections 504B.121; 504B.161, subdivision 6;
504B.173, subdivisions 2, 3, 4; 504B.175, subdivisions 2, 3, 4; 504B.178,
subdivisions 8, 11; 504B.181, subdivision 5; 504B.195, subdivisions 2, 3, 4;
504B.265, subdivision 4; 504B.285, subdivisions 3, 4; 504B.355; 504B.385,
subdivisions 2, 7, 10; 504B.445, subdivision 8; Minnesota Statutes 2023
Supplement, section 504B.178, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 504B.001, subdivision 4, is amended to read:
Subd. 4.
Evict or eviction.
"Evict" or "eviction" means a deleted text begin summarydeleted text end court proceeding to
remove a tenant or occupant from or otherwise recover possession of real property by the
process of law set out in this chapter.
Sec. 2.
Minnesota Statutes 2022, section 504B.001, subdivision 5, is amended to read:
Subd. 5.
Housing-related neighborhood organization.
"Housing-related neighborhood
organization" means a nonprofit corporation incorporated under chapter 317A thatdeleted text begin :
deleted text end
deleted text begin
(1) designates in its articles of incorporation or bylaws a specific geographic community
to which its activities are limited; and
deleted text end
deleted text begin (2)deleted text end is formed new text begin in part new text end for the purposes of promoting deleted text begin community safety, crime prevention,
anddeleted text end housing quality in a nondiscriminatory manner.
For purposes of this chapter, an action taken by a neighborhood organization with the
written permission of a residential tenant means, with respect to a building with multiple
dwelling units, an action taken by the neighborhood organization with the written permission
of new text begin one of new text end the residential tenants deleted text begin of a majority of the occupied unitsdeleted text end .
Sec. 3.
Minnesota Statutes 2022, section 504B.001, subdivision 11, is amended to read:
Subd. 11.
Residential building.
"Residential building" means:
(1) a building used in whole or in part as a dwelling, including single-family homes,
multiple-family units such as apartments, and structures containing both dwelling units and
units used for nondwelling purposes, and includes anew text begin :
new text end
new text begin (i)new text end manufactured home park; deleted text begin or
deleted text end
new text begin
(ii) hotel, motel, lodging, and shelter units where the occupancy is not transient under
section 327.70, subdivision 5;
new text end
new text begin
(iii) nursing homes under chapter 144A;
new text end
new text begin
(iv) assisted living under chapter 144G;
new text end
new text begin
(v) board and lodging establishments under chapter 157;
new text end
new text begin
(vi) residences with services under chapter 245D;
new text end
new text begin
(vii) buildings receiving group residential housing chapter 256I; and
new text end
new text begin
(viii) sober house under chapter 254B; or
new text end
(2) an unoccupied building which was previously used in whole or in part as a dwelling
and which constitutes a nuisance under section 561.01.
Sec. 4.
Minnesota Statutes 2022, section 504B.001, subdivision 14, is amended to read:
Subd. 14.
Violation.
"Violation" means:
(1) a violation of any state, county or city health, safety, housing, building, fire prevention,
or housing maintenance code applicable to the building;
(2) a violation of deleted text begin any of the covenants set forth in section 504B.161, subdivision 1,
clause (1) or (2), or in section 504B.171, subdivision 1deleted text end new text begin this chapternew text end ; deleted text begin or
deleted text end
new text begin
(3) a violation of any federal, state, county, or city laws protecting tenants from
discrimination;
new text end
new text begin
(4) a violation of any applicable tenant rights and landlord obligations for public and
subsidized tenancies under local, state, or federal law; or
new text end
deleted text begin (3)deleted text end new text begin (5)new text end a violation of an oral or written agreement, lease, or contract for the rental of a
dwelling in a building.
Sec. 5.
Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:
new text begin Subd. 16. new text end
new text begin Abandonment. new text end
new text begin
(a) "Abandonment of tenancy" means the intentional and
voluntary absolute relinquishment of premises by the residential tenant.
new text end
new text begin
(b) "Abandonment of personal property" means a residential tenant leaving some of the
tenant's personal property on the premises after permanently vacating the property.
new text end
Sec. 6.
Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Dwelling. new text end
new text begin
"Dwelling" means any rental unit in a residential building that is
intended to be used for occupancy by residential tenants.
new text end
Sec. 7.
Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:
new text begin Subd. 18. new text end
new text begin Rental unit. new text end
new text begin
"Rental unit" means any building or structure, or portion thereof,
which is wholly or partly used or intended to be occupied by tenants.
new text end
Sec. 8.
Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:
new text begin Subd. 19. new text end
new text begin Written notice. new text end
new text begin
"Written notice" includes writing on paper. Except as otherwise
provided in this chapter, written notice may also include text message, chat, email, or other
electronic service, by agreement or use; however, a landlord cannot require the tenant to
exclusively use or receive text messages, chats, emails, online portals, or other electronic
services.
new text end
Sec. 9.
Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:
new text begin Subd. 20. new text end
new text begin Certified funds. new text end
new text begin
"Certified funds" shall be defined as (1) any method of
payment drawn on a depository institution, and (2) payable (i) as a direct obligation of such
depository institution, or (ii) with funds set aside by such depository institution equal to the
amount of the instant payment and used only for the purpose of the instant payment. Certified
funds include but are not limited to cashier's checks, certified checks, or money orders.
new text end
Sec. 10.
Minnesota Statutes 2022, section 504B.101, is amended to read:
504B.101 DISTRESS FOR RENT.
The remedy of distress for rent is abolished.new text begin The requirements of this section may not
be waived or modified by the parties to a residential lease. Any provision, whether oral or
written, of a lease or other agreement by which any provision of this section is waived by
a tenant is contrary to public policy and void. The tenant shall recover from the landlord
treble actual and consequential damages or $1,000, whichever is greater, and reasonable
attorney fees, for a violation of this section.
new text end
Sec. 11.
Minnesota Statutes 2022, section 504B.111, is amended to read:
504B.111 WRITTEN LEASE deleted text begin REQUIRED; PENALTYdeleted text end .
new text begin
(a) A landlord must include in any written lease all the terms of the tenancy. A landlord
may not unilaterally amend or change a written lease. The written lease must identify the
specific unit the residential tenant will occupy before the residential tenant signs the lease.
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 and
tenant may agree to amend a lease only if the amendment is supported by adequate
consideration and the consideration is specifically set forth in a conspicuous writing. A
landlord may offer a new lease to be effective after expiration of the current lease with terms
different from the current lease.
new text end
new text begin (b) 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. deleted text begin The written lease must identify the
specific unit the residential tenant will occupy before the residential tenant signs the lease.
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.deleted text end A landlord who fails
to provide a lease, as required under this section, is guilty of a petty misdemeanor.
new text begin
(c) The tenant shall recover from the landlord treble actual and consequential damages
or $500, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end
Sec. 12.
Minnesota Statutes 2022, section 504B.115, subdivision 1, is amended to read:
Subdivision 1.
Copy of written lease to tenant.
Where there is a written lease, a landlord
must give a copy to a tenant occupying a dwelling unit whose signature appears on the lease
agreement. The landlord may obtain a signed and dated receipt, either as a separate document
or an acknowledgment included in the lease agreement itself, from the tenant acknowledging
that the tenant has received a copy of the lease. This signed receipt or acknowledgment is
prima facie evidence that the tenant has received a copy of the lease.new text begin The landlord must
provide the copy of the lease agreement with 14 days of the tenant's written request. The
tenant shall recover from the landlord treble actual and consequential damages or $250,
whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end
Sec. 13.
Minnesota Statutes 2022, section 504B.116, is amended to read:
504B.116 PRORATED RENT REQUIRED.
(a) When a lease term for a residential unit ends deleted text begin on a datedeleted text end before new text begin 11:59 p.m. on new text end the last
day of the final month, the amount of rent to be paid for the final month owed for the final
month of rent must be prorated at the average daily rate for that month so that the tenant
only pays for the actual number of new text begin full new text end days that occupancy is allowed. This provision
applies to all leases, including new text begin tenancies at will and new text end leases requiring the last month of rent
to be paid in advance. Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable.new text begin The tenant shall recover from the
landlord treble actual and consequential damages or $500, whichever is greater, and
reasonable attorney fees, for a violation of this section.
new text end
(b) For purposes of this section, prorated rent must be calculated using the actual number
of calendar days for the calendar month in which the lease expires.
Sec. 14.
Minnesota Statutes 2022, section 504B.118, is amended to read:
504B.118 RECEIPT FOR RENT PAID IN CASHnew text begin OR CERTIFIED FUNDSnew text end .
A landlord receiving rent or other payments from a tenant in cash new text begin or certified funds new text end must
provide a written receipt for payment immediately upon receipt if the payment is made in
person, or within three business days if payment in cash new text begin or certified funds new text end is not made in
person.new text begin Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. The tenant shall recover from the landlord treble
actual and consequential damages or $250, whichever is greater, and reasonable attorney
fees, for a violation of this section.
new text end
Sec. 15.
Minnesota Statutes 2022, section 504B.131, is amended to read:
504B.131 deleted text begin RENT LIABILITY;deleted text end UNINHABITABLE BUILDINGSnew text begin AND
DWELLINGS; RENT LIABILITY; RELOCATIONnew text end .
A tenant or occupant of a building new text begin or dwelling new text end that is destroyed or becomes uninhabitable
or unfit for occupancynew text begin , or has been condemned for city or county housing code or rental
licensing violations,new text end through no fault or neglect of the tenant or occupant may vacate and
surrender such a buildingnew text begin or dwelling with no liability for current and future rentnew text end . deleted text begin A tenant
or occupant may expressly agree otherwise except as prohibited by section 504B.161.deleted text end new text begin The
landlord shall offer the tenant a similar rental unit, if available, for the remainder of the
tenancy at the same rent. The tenant may accept the new rental unit or may choose to vacate
and end the tenancy without liability for any remaining rent under the lease. Any attempted
waiver of this section by a landlord and tenant, by contract or otherwise, shall be void and
unenforceable. The tenant shall recover from the landlord treble actual and consequential
damages or $1,000, whichever is greater, and reasonable attorney fees, for a violation of
this section. This section shall be liberally construed for the protection of tenants.
new text end
Sec. 16.
Minnesota Statutes 2023 Supplement, section 504B.135, is amended to read:
504B.135 TERMINATING TENANCY AT WILL.
A tenancy at will may be terminated new text begin or modified new text end by either party by giving notice in
writing. The time of the notice must be at least as long as the interval between the time rent
is due or three months, whichever is less.new text begin Notice must be received prior to the start of the
rental period and must be for the end of the rental period. A landlord and tenant may agree
to a different notice period in writing, except as otherwise provided in this chapter. A notice
which does not meet the requirements of this section, or those separately agreed to by the
landlord and tenant in writing, has no effect.
new text end
Sec. 17.
Minnesota Statutes 2022, section 504B.141, is amended to read:
504B.141 deleted text begin URBANdeleted text end REAL ESTATE; HOLDING OVER.
When a tenant deleted text begin of urban real estate, or any interest therein,deleted text end holds over and retains
possession after expiration of the lease deleted text begin without the landlord's express agreementdeleted text end , no tenancy
for any period other than the shortest interval between the times of payment of rent under
the terms of the expired lease shall be implied.new text begin Any attempted waiver of this section by a
landlord and tenant, by contract or otherwise, shall be void and unenforceable. The tenant
shall recover from the landlord treble actual and consequential damages or $250, whichever
is greater, and reasonable attorney fees, for a violation of this section.
new text end
Sec. 18.
Minnesota Statutes 2022, section 504B.145, is amended to read:
504B.145 RESTRICTION ON AUTOMATIC RENEWALS OF LEASES.
new text begin Subdivision 1. new text end
new text begin Automatic renewal limited. new text end
deleted text begin Notwithstanding the provisions of any
residential lease,deleted text end In order to enforce any automatic renewal clause of a lease of an original
term of two months or more which states, in effect, that the term shall be deemed renewed
for deleted text begin a specified additional period of time ofdeleted text end two months or more deleted text begin unless the tenant gives
notice to the landlord of an intention to quit the premises at the expiration of the term due
to expiredeleted text end , the landlord must give deleted text begin notice to the tenant as provided in this section. The notice
must be in writing and directdeleted text end new text begin the tenant notice in writing that directsnew text end the tenant's attention
to the automatic renewal provision of the leasedeleted text begin .deleted text end new text begin , andnew text end the notice must be served personally
or mailed by certified mail at least 15 days, but not more than 30 days prior to the time that
the tenant is required to furnish notice of an intention to quit.
new text begin Subd. 2. new text end
new text begin Penalty. new text end
new text begin
If the landlord does not comply with the notice requirements of this
statute, the tenant may choose to terminate the lease on the last day of the lease without
further notice unless a new agreement is reached by the parties.
new text end
new text begin Subd. 3. new text end
new text begin Waiver prohibited. new text end
new text begin
Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable. The tenant shall recover
from the landlord treble actual and consequential damages or $500, whichever is greater,
and reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end
Sec. 19.
Minnesota Statutes 2022, section 504B.151, subdivision 1, is amended to read:
Subdivision 1.
Limitation on lease and notice to tenant.
(a) Once a landlord has
received notice of a contract for deed cancellation under section 559.21 or notice of a
mortgage foreclosure salenew text begin , including notice by publicationnew text end under chapter 580 or 582, or
summons and complaint under chapter 581, the landlord may only enter into (i) a periodic
residential lease agreement with a term of not more than two months or the time remaining
in the contract cancellation period or the mortgagor's redemption period, whichever is less
or (ii) a fixed term residential tenancy not extending beyond the cancellation period or the
landlord's period of redemption until:
(1) the contract for deed has been reinstated or paid in full;
(2) the mortgage default has been cured and the mortgage reinstated;
(3) the mortgage has been satisfied;
(4) the property has been redeemed from a foreclosure sale; or
(5) a receiver has been appointed.
(b) Before entering into a lease under this section and accepting any rent or security
deposit from a tenant, the landlord must notify the prospective tenant in writing that the
landlord has received notice of a contract for deed cancellation or notice of a mortgage
foreclosure sale as appropriate, and the date on which the contract cancellation period or
the mortgagor's redemption period ends.
(c) This section does not apply to a manufactured home park as defined in section
327C.015, subdivision 8.
(d) deleted text begin A landlord who violates the requirements in this subdivision is liable to the lessee
for a civil penalty of $500deleted text end new text begin Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable. The tenant shall recover from
the landlord treble actual and consequential damages or $1,000, whichever is greater, and
reasonable attorney fees, for a violation of this sectionnew text end , unless the landlord falls under the
exception in subdivision 2. The remedy provided under this paragraph is in addition to and
shall not limit other rights or remedies available to landlords and tenants.
Sec. 20.
Minnesota Statutes 2022, section 504B.155, is amended to read:
504B.155 TENANT MUST GIVE COLD WEATHER NOTICE BEFORE
VACATION OF BUILDING.
Except upon the termination of the tenancynew text begin or a judgment for the plaintiff in an action
under sections 504B.281 to 504B.371new text end , a tenant who, between November 15 and April 15,
removes from, abandons, or vacates a building or any part thereof that contains plumbing,
water, steam, or other pipes liable to injury from freezing, without first giving to the landlord
three days' notice of intention so to remove is guilty of a new text begin petty new text end misdemeanor.
Sec. 21.
Minnesota Statutes 2023 Supplement, section 504B.161, subdivision 1, is amended
to read:
Subdivision 1.
Requirements.
deleted text begin (a)deleted text end In every lease or license of residential premises, the
landlord or licensor covenants:
(1) that the premises and all common areas are fit for the use new text begin as advertised or promised
by the landlord or licensor, or otherwise new text end intended by the parties;
(2) to keep the premises new text begin and all common areas new text end in reasonable repair during the term of
the lease or license, new text begin including services and conditions listed in section 504B.381, subdivision
1, and extermination of insects, rodents, vermin, or other pests on the premises, new text end except when
the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant
or licensee or a person under the direction or control of the tenant or licensee;
(3) to make the premises new text begin and all common areas new text end reasonably energy efficient by installing
weatherstripping, caulking, storm windows, and storm doors when any such measure will
result in energy procurement cost savings, based on current and projected average residential
energy costs in Minnesota, that will exceed the cost of implementing that measure, including
interest, amortized over the ten-year period following the incurring of the cost;
(4) to maintain the premises new text begin and all common areas new text end in compliance with the applicable
health and safety laws of new text begin the United States, of new text end the state, and of the local units of governmentnew text begin ,
including ordinances regulating rental licensing,new text end where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licensee; and
(5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from
October 1 through April 30, unless a utility company requires and instructs the heat to be
reduced.
deleted text begin
(b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.
deleted text end
Sec. 22.
Minnesota Statutes 2022, section 504B.161, subdivision 2, is amended to read:
Subd. 2.
Tenant maintenance.
The landlord or licensor may agree with the tenant or
licensee that the tenant or licensee is to perform specified repairs or maintenance, new text begin including
snow removal and maintenance of the lawn and premises, new text end but only if the agreement is
supported by adequate consideration and new text begin the consideration is specifically new text end set forth in a
conspicuous writing. No such agreement, however, may waive the provisions of subdivision
1 deleted text begin ordeleted text end new text begin ,new text end relieve the landlord or licensor of the duty to maintain common areas of the premisesnew text begin ,
or require the tenant to pay a third party for a separate service agreementnew text end .new text begin A landlord is
prohibited from requiring a tenant to obtain or pay for renters' insurance as a condition of
the tenancy.
new text end
Sec. 23.
Minnesota Statutes 2022, section 504B.161, subdivision 4, is amended to read:
Subd. 4.
Covenants are in addition.
The covenants contained in this section are in
addition to any covenants or conditions imposed by law or ordinance or by the terms of the
lease or licensenew text begin and do not limit other rights or remedies which may be available to the
residential tenant and landlordnew text end .
Sec. 24.
Minnesota Statutes 2022, section 504B.161, subdivision 5, is amended to read:
Subd. 5.
Injury deleted text begin to third partiesdeleted text end new text begin from violationnew text end .
deleted text begin
Nothing in this section shall be
construed to alter the liability of the landlord or licensor of residential premises for injury
to third parties.
deleted text end
new text begin
The landlord is subject to liability for physical harm caused to the tenant
and others upon the premises or in the common area and curtilage of the premises with the
consent of the tenant by a violation of this section existing before or arising after the tenant
has taken possession of the premises if the violation creates an unreasonable risk to persons
upon the premises or in the common area and curtilage of the premises which the compliance
with this section would have prevented, and the landlord fails to exercise reasonable care
to comply with this section.
new text end
Sec. 25.
Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Remedies. new text end
new text begin
If a landlord is in violation of this section, the tenant shall be entitled
to:
new text end
new text begin
(1) treble actual and consequential damages, based on rent abatement for impairment
of use and enjoyment of the property for the period of the violation under section 541.05,
subdivision 1, and consequential damages, or $500, whichever is greater;
new text end
new text begin
(2) in the case of a residential building or residential unit that has been condemned for
city or county housing code or rental licensing violations, treble actual and consequential
damages, based on the total rent for the period of the violation under section 541.05,
subdivision 1, and consequential damages, or $500, whichever is greater;
new text end
new text begin
(3) in the case of violation of subdivision 2, treble actual and consequential damages,
based on adequate consideration for services performed by the tenant for the period of the
violation under section 541.05, subdivision 1, and consequential damages, or $500, whichever
is greater;
new text end
new text begin
(4) treble actual and consequential damages or $500, whichever is greater, and reasonable
attorney fees, for a violation of this section;
new text end
new text begin
(5) correction of violations by the landlord;
new text end
new text begin
(6) at the tenant's option, tenant correction of violations and reasonable compensation
from the landlord;
new text end
new text begin
(7) at the tenant's option, full rescission of the lease and recovery of any damage deposit,
less any amount retained under section 504B.178;
new text end
new text begin
(8) costs, disbursements, and reasonable attorney fees related to enforcement of this
section; and
new text end
new text begin
(9) at the tenant's option, collection of awards under this subdivision as a credit against
current and future rents from the landlord.
new text end
Sec. 26.
Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Enforcement. new text end
new text begin
A residential tenant may enforce the provisions of this section
in actions under sections 504B.281 to 504B.371, 504B.381, 504B.385, and 504B.395 to
504B.471, and other civil actions.
new text end
Sec. 27.
Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Waiver prohibited. new text end
new text begin
Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable.
new text end
Sec. 28.
Minnesota Statutes 2023 Supplement, section 504B.171, subdivision 1, is amended
to read:
Subdivision 1.
Terms of covenant.
(a) In every lease or license of residential premises,
whether in writing or parol, the landlord or licensor and the tenant or licensee covenant that:
(1) neither will:
(i) allow controlled substances in those premises or in the common area and curtilage
of the premises in violation of any criminal provision of chapter 152;
(ii) allow prostitution or prostitution-related activity as defined in section 617.80,
subdivision 4, to occur on the premises or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in violation of section 609.66,
subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of
the premises; or
(iv) allow stolen property or property obtained by robbery in those premises or in the
common area and curtilage of the premises; deleted text begin and
deleted text end
(2) the common area and curtilage of the premises will not be used by either the landlord
or licensor or the tenant or licensee or others acting under the control of either to manufacture,
sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled
substance in violation of any criminal provision of chapter 152deleted text begin .deleted text end new text begin ; and
new text end
new text begin (3) new text end the deleted text begin covenant isdeleted text end new text begin covenants arenew text end not violated when a person other than the landlord or
licensor or the tenant or licensee deleted text begin possesses or allows controlled substances in the premises,
common area, or curtilage,deleted text end new text begin violates a covenantnew text end unless the landlord or licensor or the tenant
or licensee deleted text begin knew or had reason to know ofdeleted text end new text begin allowednew text end that activity.
(b) In every lease or license of residential premises, whether in writing or parol, the
tenant or licensee covenant that the tenant or licensee will not commit an act enumerated
under section 504B.206, subdivision 1, paragraph (a), against a tenant or licensee or any
authorized occupant.
(c) A landlord cannot prohibit a tenant from legally possessing, and a tenant cannot
waive the right to legally possess, any cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products, or using any cannabinoid product or hemp-derived
consumer product, other than consumption by combustion or vaporization of the product
and inhalation of smoke, aerosol, or vapor from the product.
Sec. 29.
Minnesota Statutes 2022, section 504B.173, subdivision 1, is amended to read:
Subdivision 1.
Limitations.
A landlord may notdeleted text begin :
deleted text end
deleted text begin (1)deleted text end charge an applicant a screening new text begin or application new text end fee deleted text begin when the landlord knows or should
have known that no rental unit is available at that time or will be available within a reasonable
future time;deleted text end new text begin in order to apply to enter or to enter into a rental agreement for a residential
dwelling unit. Any attempted waiver of this section by a landlord and tenant, by contract
or otherwise, shall be void and unenforceable. The tenant shall recover from the landlord
treble actual and consequential damages or $1,000, whichever is greater, and reasonable
attorney fees, for a violation of this section.
new text end
deleted text begin
(2) collect or hold an applicant screening fee without giving the applicant a written
receipt for the fee, which may be incorporated into the application form, upon request of
the applicant; or
deleted text end
deleted text begin
(3) use, cash, or deposit an applicant screening fee until all prior applicants have either
been screened and rejected, or offered the unit and declined to enter into a rental agreement.
deleted text end
Sec. 30.
Minnesota Statutes 2022, section 504B.175, subdivision 1, is amended to read:
Subdivision 1.
Definition.
For the purpose of this section, "prelease deposit" means
payment given to a landlord from a prospective tenant of a residential dwelling unit before
the prospective tenant and the landlord have entered into a rental agreement. deleted text begin "Prelease
deposit" does not include the payment of a reasonable applicant screening fee used to conduct
a background check on the prospective tenant.
deleted text end
Sec. 31.
Minnesota Statutes 2022, section 504B.175, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Prohibition. new text end
new text begin
Prelease deposits are prohibited. Any attempted waiver of this
section by a landlord and tenant, by contract or otherwise, shall be void and unenforceable.
The tenant shall recover from the landlord treble actual and consequential damages or
$1,000, whichever is greater, and reasonable attorney fees, for a violation of this section,
and at the tenant's option, full rescission of the lease and recovery of any damage deposit
less any amount retained under section 504B.178.
new text end
Sec. 32.
Minnesota Statutes 2022, section 504B.177, is amended to read:
504B.177 LATE FEES.
(a) A landlord of a residential building may not charge a late fee if the rent is paid after
the due date, unless the tenant and landlord have agreed in writing that a late fee may be
imposed. The agreement must specify when the late fee will be imposed.
new text begin (b) new text end In no case may the late fee exceed deleted text begin eightdeleted text end new text begin fournew text end percent of deleted text begin thedeleted text end new text begin annew text end overdue rent paymentnew text begin
owed by the tenant. Late fees are not cumulative and may not be charged on an amount for
which the landlord has already charged a late fee. A landlord may not charge a late fee on
any portion of a tenant's rent covered by a regular subsidynew text end . Any late fee charged or collected
is not considered to be either interest or liquidated damages. For purposes of this paragraph,
the "due date" does not include a date, earlier than the date contained in the written or oral
lease by which, if the rent is paid, the tenant earns a discount.new text begin Payment of rent, when late
fees are in arrears, that is accepted by the landlord waives late fees in arrears.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Notwithstanding deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (a)new text begin and (b)new text end , if a federal statute, regulation,
or handbook permitting late fees for a tenancy subsidized under a federal program conflicts
with paragraph (a), then the landlord may publish and implement a late payment fee schedule
that complies with the federal statute, regulation, or handbook.
new text begin
(d) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. The tenant shall recover from the landlord treble
actual and consequential damages or $1,000, whichever is greater, and reasonable attorney
fees, for a violation of this section. This section shall be liberally construed for the protection
of tenants.
new text end
Sec. 33.
Minnesota Statutes 2022, section 504B.178, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
Any deposit of money, the function of which is to secure
the performance of a residential rental agreement or any part of such an agreement, other
than a deposit which is exclusively an advance payment of rent, shall be governed by the
provisions of this section.new text begin The total security deposit may not exceed one month's contract
rent.
new text end
Sec. 34.
Minnesota Statutes 2022, section 504B.178, subdivision 3, is amended to read:
Subd. 3.
Return of security deposit.
(a) Every landlord shall:
(1) within three weeks after termination of the tenancy; or
(2) within five days of the date when the tenant leaves the building or dwelling due to
the legal condemnation of the building or dwelling in which the tenant lives for reasons not
due to willful, malicious, or irresponsible conduct of the tenant,
and after receipt of the tenant's mailing address or delivery instructions, return the deposit
to the tenant, with interest thereon as provided in subdivision 2, or furnish to the tenant a
written statement showing the specific reason for the withholding of the deposit or any
portion thereof.
new text begin
(b) The written statement shall indicate:
new text end
new text begin
(1) if the tenant has defaulted in the payment of rent or of other funds due to the landlord
pursuant to an agreement: a ledger of rents and other fees due and the dates accrued, and
payments toward rents and other fees and the dates of payments; and
new text end
new text begin
(2) if payment is needed to restore the premises to their condition at the commencement
of the tenancy, ordinary wear and tear and depreciation excepted: an itemization or reasonable
estimation of the cost to replace items, the cost of items and materials purchased, the time
spent on an item, the rate of pay of the worker, or receipts of payments and bills for work
done.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end It shall be sufficient compliance with the time requirement of this subdivision if
the deposit or written statement required by this subdivision is placed in the United States
mail as first class mail, postage prepaid, in an envelope with a proper return address, correctly
addressed according to the mailing address or delivery instructions furnished by the tenant,
within the time required by this subdivision. The landlord may withhold from the deposit
only amounts reasonably necessary:
(1) to remedy tenant defaults in the payment of rent or of other funds due to the landlord
pursuant to an agreement; or
(2) to restore the premises to their condition at the commencement of the tenancy,
ordinary wear and tear excepted.
deleted text begin (c)deleted text end new text begin (d)new text end In any action concerning the deposit, the burden of proving, by a fair
preponderance of the evidence, the reason for withholding all or any portion of the deposit
shall be on the landlord.
Sec. 35.
Minnesota Statutes 2022, section 504B.178, subdivision 7, is amended to read:
Subd. 7.
Bad faith retention.
The bad faith retention by a landlord of a deposit, the
interest thereon, or any portion thereof, in violation of this section shall subject the landlord
to punitive damages not to exceed deleted text begin $500deleted text end new text begin $750new text end for each deposit in addition to the damages
provided in deleted text begin subdivision 4deleted text end new text begin this subdivisionnew text end . If the landlord has failed to comply with the
provisions of deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 3 deleted text begin ordeleted text end new text begin andnew text end 5, retention of a deposit shall be presumed
to be in bad faith unless the landlord returns the deposit within two weeks after deleted text begin the
commencement ofdeleted text end new text begin service of initial pleadings innew text end any action for the recovery of the deposit.
Sec. 36.
Minnesota Statutes 2022, section 504B.178, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Damages and remedies. new text end
new text begin
The tenant shall recover from the landlord the deposit
and interest, a penalty equal to the deposit and interest, and reasonable attorney fees, for a
violation of this section.
new text end
Sec. 37.
Minnesota Statutes 2022, section 504B.178, subdivision 9, is amended to read:
Subd. 9.
Action to recover deposit.
An action, including an action in conciliation court,
for the recovery of a deposit on rental property may be brought in the county where the
rental property is located, or at the option of the tenant, in the county of the landlord's
residence.new text begin If the tenant has moved from the county where the rental property is located, the
court shall conduct the hearing by remote video or teleconference.
new text end
Sec. 38.
Minnesota Statutes 2022, section 504B.178, subdivision 10, is amended to read:
Subd. 10.
Waiver.
Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable.new text begin This section shall be liberally
construed for the protection of tenants.
new text end
Sec. 39.
Minnesota Statutes 2022, section 504B.181, subdivision 1, is amended to read:
Subdivision 1.
Disclosure to tenant.
new text begin (a) new text end There shall be disclosed to the residential tenant
either in the rental agreement or otherwise in writing prior to commencement of the tenancy
the name deleted text begin anddeleted text end new text begin , occupied streetnew text end addressnew text begin within 50 miles of the dwelling, phone number, and
electronic addressnew text end of:
new text begin
(1) the owner of the premises;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end the person authorized to manage the premises; and
deleted text begin (2)deleted text end new text begin (3)new text end the landlord of the premises deleted text begin ordeleted text end new text begin andnew text end an agent authorized by the landlord to accept
service of process and receive and give receipt for notices and demands.
new text begin
(b) An occupied street address does not include post office boxes and commercial mail
boxes. The phone number and electronic address shall be normally answerable 24 hours a
day, seven days a week, not subject to normal business hours. The persons designated shall
respond to inquiries from tenants within a reasonable period of time.
new text end
Sec. 40.
Minnesota Statutes 2022, section 504B.181, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Waiver prohibited. new text end
new text begin
Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable. The tenant shall recover
from the landlord treble actual and consequential damages or $500, whichever is greater,
and reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end
Sec. 41.
Minnesota Statutes 2022, section 504B.185, subdivision 2, is amended to read:
Subd. 2.
Notice.
(a) After the local authority has inspected the residential building under
subdivision 1, the inspector shall inform the landlord or the landlord's agent and the
residential tenant or housing-related neighborhood organization in writing of any code
violations discoverednew text begin and a reasonable deadline for correcting violationsnew text end .
(b) deleted text begin A reasonable period of time must be allowed in which todeleted text end new text begin The landlord shallnew text end correct
the violationsnew text begin by the deadline given by the local authoritynew text end .
Sec. 42.
Minnesota Statutes 2022, section 504B.185, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Remedies. new text end
new text begin
Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable. The tenant shall recover from the
landlord treble actual and consequential damages or $1,000, whichever is greater, and
reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end
Sec. 43.
Minnesota Statutes 2022, section 504B.195, subdivision 1, is amended to read:
Subdivision 1.
Disclosure to tenant.
deleted text begin (a) Except as provided in subdivision 3,deleted text end A landlord,
agent, or person acting under the landlord's direction or control shall provide a copy of all
deleted text begin outstandingdeleted text end inspection orders deleted text begin for which a citation has been issued,deleted text end new text begin issued in the previous
12 monthsnew text end pertaining to a rental unit or common area, specifying code violations issued
under section 504B.185, that the housing inspector identifies as requiring notice deleted text begin because
the violations threaten the health or safety of the tenantdeleted text end new text begin , all notices of rental license denials,
violations, suspensions, and terminationsnew text end , and all outstanding condemnation orders and
declarations that the premises are unfit for human habitation to:
(1) a tenant, either by delivery or by United States mail, postage prepaid, within 72 hours
after issuance of the citation;
(2) a person before signing a lease or paying rent or a security deposit to begin a new
tenancy; and
(3) a person prior to obtaining new ownership of the property subject to the order or
declaration. The housing inspector shall indicate on the inspection order whether the violation
threatens the health or safety of a tenant or prospective tenant.
deleted text begin
(b) If an inspection order, for which a citation has been issued, does not involve code
violations that threaten the health or safety of the tenants, the landlord, agent, or person
acting under the landlord's control shall post a summary of the inspection order in a
conspicuous place in each building affected by the inspection order, along with a notice
that the inspection order will be made available by the landlord for review, upon a request
of a tenant or prospective tenant. The landlord shall provide a copy of the inspection order
for review by a tenant or a prospective tenant as required under this subdivision.
deleted text end
Sec. 44.
Minnesota Statutes 2022, section 504B.195, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Damages. new text end
new text begin
The tenant shall recover from the landlord treble actual and
consequential damages or $1,000, whichever is greater, and reasonable attorney fees, for a
violation of this section.
new text end
Sec. 45.
Minnesota Statutes 2022, section 504B.195, subdivision 5, is amended to read:
Subd. 5.
Remedies additional.
The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to landlords and tenants. Any provision,
whether oral or written, of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and void.new text begin A violation of this section
violates section 504B.161. This section shall be liberally construed for the protection of
tenants.
new text end
Sec. 46.
Minnesota Statutes 2022, section 504B.204, is amended to read:
504B.204 ACTION FOR RENTAL OF CONDEMNED RESIDENTIAL PREMISES.
(a) A landlord, agent, or person acting under the landlord's direction or control may not
accept rent or a security deposit for residential rental property from a tenant after the leased
premises have been new text begin (1) new text end condemned or declared unfit for human habitationnew text begin , (2) ordered to
be vacated due to violations of a housing, health, or fire code or rental licensing ordinancenew text end
by the applicable new text begin federal, new text end statenew text begin ,new text end or local authoritydeleted text begin , if the tenancy commenced after the
premises were condemned or declared unfit for human habitationdeleted text end new text begin , or (3) ordered to be
vacated pursuant to a government takingnew text end . If a landlord, agent, or a person acting under the
landlord's direction or control violates this section, the landlord is liable to the tenant for
actual damages and an amount equal to three times the amount of all money collected from
the tenant after date of condemnation or declaration, plus costs and attorney fees.new text begin A violation
of this section violates section 504B.161. This section shall be liberally construed for the
protection of tenants.
new text end
(b) The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this section is waived by a tenant,
is contrary to public policy and void.
Sec. 47.
Minnesota Statutes 2022, section 504B.205, subdivision 5, is amended to read:
Subd. 5.
Residential tenant remedies.
deleted text begin
A residential tenant may bring a civil action for
a violation of this section and recover from the landlord $250 or actual damages, whichever
is greater, and reasonable attorney's fees.
deleted text end
new text begin
The tenant shall recover from the landlord treble
actual and consequential damages or $1,000, whichever is greater, and reasonable attorney
fees, for a violation of this section. A violation of this section violates section 504B.161.
This section shall be liberally construed for the protection of tenants.
new text end
Sec. 48.
Minnesota Statutes 2022, section 504B.231, is amended to read:
504B.231 DAMAGES FOR OUSTER.
(a) If a landlord, an agent, or other person acting under the landlord's direction or control
deleted text begin unlawfully and in bad faithdeleted text end removes, excludes, or forcibly keeps out a tenant from residential
premises, the tenant deleted text begin maydeleted text end new text begin shallnew text end recover from the landlord new text begin actual and consequential damages,
the greater of new text end treble new text begin actual and consequential new text end damages or deleted text begin $500, whichever is greater,deleted text end new text begin $1,000,new text end
and reasonable deleted text begin attorney'sdeleted text end new text begin attorneynew text end feesnew text begin , and at the tenant's option, full rescission of the lease
and recovery of any damage deposit less any amount retained under section 504B.178new text end .new text begin A
landlord may not charge or collect rent for a month where the landlord has violated this
section. A violation of this section by the landlord is a violation of section 504B.161.
new text end
(b) The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this section is waived by a tenant,
is contrary to public policy and void. The provisions of this section also apply to occupants
and owners of residential real property which is the subject of a mortgage foreclosure or
contract for deed cancellation and as to which the period for redemption or reinstatement
of the contract has expired.new text begin This section shall be liberally construed for the protection of
tenants.
new text end
Sec. 49.
Minnesota Statutes 2022, section 504B.241, subdivision 1, is amended to read:
Subdivision 1.
Disclosures required.
(a) Upon request and proper identification, a
residential tenant screening service must disclose the following information to an individual:
(1) the nature and substance of all information in its files on the individual at the time
of the request; and
(2) the sources of the information.
(b) A residential tenant screening service must make the disclosures to an individual
without chargenew text begin .new text end deleted text begin if information in a residential tenant report has been used within the past
30 days to deny the rental or increase the security deposit or rent of a residential housing
unit to the individual. If the residential tenant report has not been used to deny the rental or
increase the rent or security deposit of a residential housing unit within the past 30 days,
the residential tenant screening service may impose a reasonable charge for making the
disclosure required under this section. The residential tenant screening service must notify
the residential tenant of the amount of the charge before furnishing the information. The
charge may not exceed the amount that the residential tenant screening service would impose
on each designated recipient of a residential tenant report, except that no charge may be
made for notifying persons of the deletion of information which is found to be inaccurate
or which can no longer be verified.
deleted text end
(c) Files maintained on a residential tenant must be disclosed promptly as established
in paragraphs (1) to (4).
(1) A residential tenant file must be disclosed in person, during normal business hours,
at the location where the residential tenant screening service maintains its files, if the
residential tenant appears in person and furnishes proper identification at that time.
(2) A residential tenant file must be disclosed by mail, if the residential tenant makes a
written request with proper identification for a copy of the information contained in the
residential tenant report and requests that the information be sent to a specified address. A
disclosure made under this paragraph shall be deposited in the United States mail, postage
prepaid, within five business days after the written request for disclosure is received by the
residential tenant screening service. A residential tenant screening service complying with
a request for disclosure under this paragraph shall not be liable for disclosures to third parties
caused by mishandling mail, provided that the residential tenant file information is mailed
to the address specified by the residential tenant in the request.
(3) A summary of the information in a residential tenant file must be disclosed by
telephone, if the residential tenant has made a written request with proper identification for
telephone disclosure.
(4) Information in a residential tenant's file required to be disclosed in writing under this
subdivision may be disclosed in any other form including electronic means if authorized
by the residential tenant and available from the residential tenant screening service.
Sec. 50.
Minnesota Statutes 2022, section 504B.241, subdivision 4, is amended to read:
Subd. 4.
Court file information.
new text begin (a) new text end If a residential tenant screening service includes
information from a court file on an individual in a residential tenant report, the report must
provide the full name and date of birth of the individual in any case where the court file
includes the individual's full name and date of birth, and the outcome of the court proceeding
must be accurately recorded in the residential tenant report including the specific basis of
the court's decision, when available.
new text begin (b) new text end If a deleted text begin tenant screening service knows that adeleted text end court file has been expungednew text begin or the court
file indicates that action has not resulted in a writ of recovery of premises and order to
vacate, as defined in section 504B.001, subdivision 15new text end , the tenant screening service shall
delete any reference to that file in any data maintained or disseminated by the screening
service. new text begin Every tenant screening service has an affirmative duty to update and verify the
current status of court files by accessing the Minnesota Court Information System no more
than 24 hours prior to issuing a residential tenant screening report. If a file cannot be found,
it shall be presumed to be expunged and may not be reported.
new text end
new text begin (c) new text end Whenever the court supplies information from a court file on an individual, in
whatever form, the court shall include the full name and date of birth of the individual, if
that is indicated on the court file or summary, and information on the outcome of the court
proceeding, including the specific basis of the court's decision, coded as provided in
subdivision 5 for the type of action, when it becomes available. deleted text begin The residential tenant
screening service is not liable under section 504B.245 if the residential tenant screening
service reports complete and accurate information as provided by the court.
deleted text end
new text begin
(d) A tenant screening agency that obtains electronic data on a subscription from the
court shall completely delete and replace its eviction action database on no less than the
same time frame that the state court administrator's office updates its bulk records and
explain that the records are valid as of the last date the tenant screening agencies updated
the record of eviction actions.
new text end
Sec. 51.
Minnesota Statutes 2022, section 504B.241, subdivision 5, is amended to read:
Subd. 5.
Eviction action coding.
new text begin (a) new text end The court shall indicate on the court file or any
summary of a court file the specific basis of the court's decision in an eviction action
according to codes developed by the court that, at a minimum, indicates if the basis of the
court's decision is nonpayment of rent, a violation of the covenants under section 504B.161
or 504B.171, other breach of a lease agreement, or a counterclaim for possession of the
premises under section 504B.385.new text begin The court shall indicate on the court file whether an
eviction action is pending or if a verdict or finding has been reached and, if so, whether it
is in favor of the plaintiff or defendant.
new text end
new text begin
(b) A residential tenant screening service must not include information in a residential
tenant report relating to an eviction action unless a verdict of the jury or finding of the court
has been reached in favor of the plaintiff.
new text end
Sec. 52.
Minnesota Statutes 2022, section 504B.241, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Landlord disclosure of tenant screening agency reports. new text end
new text begin
A landlord shall
provide to a tenant or prospective tenant a copy of a residential tenant report the landlord
obtained from a tenant screening agency within one week after the landlord obtained the
residential tenant report.
new text end
Sec. 53.
Minnesota Statutes 2022, section 504B.245, is amended to read:
504B.245 TENANT REPORT; REMEDIES.
new text begin
(a) The tenant shall recover from a landlord or tenant screening agency treble actual and
consequential damages or $1,000, whichever is greater, and reasonable attorney fees, for a
violation of section 504B.241.
new text end
new text begin (b) The attorney general may require tenant screening agencies to demonstrate compliance
with section 504B.241. A tenant screening agency shall demonstrate compliance with section
504B.241 within one week of a request by the attorney general. new text end The remedies provided in
section 8.31 apply to a violation of section 504B.241. deleted text begin A residential tenant screening service
or landlord in compliance with the provisions of the Fair Credit Reporting Act, United States
Code, title 15, section 1681, et seq., is considered to be in compliance with section 504B.241.
deleted text end
new text begin
(c) A violation of this section is a violation of section 325F.69.
new text end
new text begin
(d) This section shall be liberally construed for the protection of tenants.
new text end
Sec. 54.
Minnesota Statutes 2022, section 504B.261, is amended to read:
504B.261 PETS IN SUBSIDIZED DISABILITY ACCESSIBLE RENTAL
HOUSING UNITS.
In a multiunit residential building, a tenant of a disability accessible unit, in which the
tenant or the unit receives a subsidy that directly reduces or eliminates the tenant's rent
responsibility, must be allowed to have two birds or one spayed or neutered dog or one
spayed or neutered cat. A renter under this section may not keep or have visits from an
animal that constitutes a threat to the health or safety of other individuals, or causes a noise
nuisance or noise disturbance to other renters. The landlord may require the renter to pay
an additional damage deposit in an amount reasonable to cover damage likely to be caused
by the animal. The deposit is refundable at any time the renter leaves the unit of housing to
the extent it exceeds the amount of damage actually caused by the animal.new text begin The tenant shall
recover from the landlord treble actual and consequential damages or $1,000, whichever is
greater, and reasonable attorney fees, and at the tenant's option, full rescission of the lease
and recovery of any damage deposit less any amount retained under section 504B.178, for
a violation of this section. Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable. This section shall be liberally
construed for the protection of tenants.
new text end
Sec. 55.
Minnesota Statutes 2022, section 504B.265, subdivision 1, is amended to read:
Subdivision 1.
Termination of lease.
Any party to a lease of residential premises deleted text begin other
than a lease at willdeleted text end new text begin , the personal representative of the tenant's estate, successor under section
524.3-1202, heir under section 524.1-201, or a surviving spouse or descendant under section
524.2-402,new text end may terminate the lease prior to its expiration date in the manner provided in
subdivision 2 upon the death of the tenant or, if there is more than one tenant, upon the
death of all tenants.new text begin A surviving cotenant or household member of the decedent also may
terminate the lease under subdivision 2.
new text end
Sec. 56.
Minnesota Statutes 2022, section 504B.265, subdivision 2, is amended to read:
Subd. 2.
Notice.
Either the landlord deleted text begin ordeleted text end new text begin ,new text end the personal representative of the tenant's estatenew text begin ,
successor under section 524.3-1202, heir under section 524.1-201, or a surviving spouse or
descendant under section 524.2-402new text end may terminate the lease upon at least deleted text begin two months'deleted text end new text begin one
month'snew text end written notice, to be effective on the last day of a calendar monthdeleted text begin , and hand delivered
or mailed by postage prepaid, first class United States mail, to the address of the other partydeleted text end .
The landlord may comply with the notice requirement of this subdivision by delivering or
mailing the notice to the premises formerly occupied by the tenant. The termination of a
lease under this section shall not relieve the tenant's estate from 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 their condition at the commencement of the
tenancy, ordinary wear and tear excepted.new text begin The landlord shall provide access to the premises
to the personal representative of the tenant's estate, successor under section 524.3-1202,
heir under section 524.1-201, or a surviving spouse or descendant under section 524.2-402,
to retrieve the property of the decedent.
new text end
Sec. 57.
Minnesota Statutes 2022, section 504B.265, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Remedies. new text end
new text begin
The tenant's estate, heirs, successors, or surviving tenant shall recover
from the landlord treble actual and constructive damages or $500, whichever is greater, and
reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end
Sec. 58.
Minnesota Statutes 2022, section 504B.271, is amended to read:
504B.271 TENANT'S PERSONAL PROPERTY deleted text begin REMAININGdeleted text end IN PREMISES.
Subdivision 1.
Abandoned property.
(a) If a tenant abandons deleted text begin rented premisesdeleted text end new text begin personal
propertynew text end , the landlord may take possession of the tenant's personal property remaining on
the premises, and shall store and care for the property. The landlord has a claim against the
tenant for reasonable costs and expenses incurred in removing the tenant's property and in
storing and caring for the property.new text begin A landlord shall not condition return of the property
upon payment of any debt owed by the tenant.
new text end
(b) The landlord may sell or otherwise dispose of the property 28 days after the landlord
receives actual notice of the abandonment, or 28 days after it reasonably appears to the
landlord that the tenant has abandoned the premises, whichever occurs deleted text begin lastdeleted text end new text begin first unless the
tenant or tenant's agent makes a demand under subdivision 2new text end .
(c) The landlord may apply a reasonable amount of the proceeds of a sale to the removal,
care, and storage costs and expenses or to any claims authorized pursuant to section
504B.178, subdivision 3, paragraphs (a) and (b). Any remaining proceeds of any sale shall
be paid to the tenant upon written demand.
(d) Prior to a new text begin disposition or new text end sale, the landlord shall make new text begin all new text end reasonable efforts to notify
the tenant of the sale at least 14 days prior to the sale, new text begin including notice new text end by personal service
in writing or sending written notification of the sale by first class and certified mail to the
tenant's last known address or usual place of abode, if known by the landlord, new text begin as well as by
at least one other form of written communication the plaintiff regularly uses to communicate
with the defendant that has a date and time stamp, new text end and by posting notice of the sale in a
conspicuous place on the premises at least two weeks prior to the sale. If notification by
mail is used, the 14-day period shall be deemed to start on the day the notices are deposited
in the United States mail.
new text begin Subd. 1a. new text end
new text begin Property during tenancy. new text end
new text begin
A landlord who steals, converts, takes possession
of, disposes of, or sells the tenant's personal property during the tenancy or prior to
abandonment is in violation of this section.
new text end
Subd. 2.
deleted text begin Landlord's punitive damagesdeleted text end new text begin Tenant's noticenew text end .
deleted text begin Ifdeleted text end A landlord, an agent, or
other person acting under the landlord's direction or control, in possession of a tenant's
personal property, deleted text begin fails todeleted text end new text begin shallnew text end allow the tenant new text begin or tenant's agent new text end to retake possession of the
property within deleted text begin 24 hours after written demand by the tenant or the tenant's duly authorized
representative or within 48 hours, exclusive of weekends and holidays,deleted text end new text begin four days or a longer
period if agreed by the tenant or tenant's agentnew text end after deleted text begin writtendeleted text end new text begin anew text end demand by the tenant or deleted text begin a
duly authorized representative when the landlord, the landlord's agent or person acting under
the landlord's direction or control has removed and stored the personal property in accordance
with subdivision 1 in a location other than the premises, the tenant shall recover from the
landlord punitive damages in an amount not to exceed twice the actual damages or $1,000,
whichever is greater, in addition to actual damages and reasonable attorney's feesdeleted text end new text begin tenant's
agentnew text end .
deleted text begin
In determining the amount of punitive damages the court shall consider (1) the nature
and value of the property; (2) the effect the deprivation of the property has had on the tenant;
(3) if the landlord, an agent, or other person acting under the landlord's direction or control
unlawfully took possession of the tenant's property; and (4) if the landlord, an agent, or
other person under the landlord's direction or control acted in bad faith in failing to allow
the tenant to retake possession of the property.
deleted text end
deleted text begin
The provisions of this subdivision do not apply to personal property which has been
sold or otherwise disposed of by the landlord in accordance with subdivision 1, or to landlords
who are housing authorities, created, or authorized to be created by sections 469.001 to
469.047, and their agents and employees, in possession of a tenant's personal property,
except that housing authorities must allow the tenant to retake possession of the property
in accordance with this subdivision.
deleted text end
Subd. 3.
Storage.
If the landlord, an agent, or other person acting under the landlord's
direction or control has unlawfully taken possession of a tenant's personal property the
landlord shall be responsible for paying the cost and expenses relating to the removal,
storage, or care of the property.
Subd. 4.
Remedies deleted text begin additionaldeleted text end .
new text begin The tenant shall recover from the landlord treble actual
and consequential damages or $1,000, whichever is greater, and reasonable attorney fees,
for a violation of this section. new text end The remedies provided in this section are in addition to and
shall not limit other rights or remedies available to landlords and tenants. Any provision,
whether oral or written, of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and void. The provisions of this
section also apply to occupants and owners of residential real property which is the subject
of a mortgage foreclosure or contract for deed cancellation and as to which the period for
redemption or reinstatement of the contract has expired.new text begin This section shall be liberally
construed for the protection of tenants.
new text end
Sec. 59.
Minnesota Statutes 2022, section 504B.275, is amended to read:
504B.275 ATTORNEY GENERAL'S STATEMENT; DISTRIBUTION.
new text begin (a) new text end In this section, "residential tenant" does not include residents of manufactured home
parks as defined in section 327C.015, subdivision 14.
new text begin (b) new text end The attorney general shall prepare and make available to the public a statement which
summarizes the significant legal rights and obligations of landlords and residential tenants
of rental dwelling units. The statement shall include descriptions of the significant provisions
of this chapter. The statement shall notify residential tenants in public housing to consult
their leases for additional rights and obligations they may have under federal law. The
statement shall include the telephone number and address of the attorney general for further
information.
new text begin (c) new text end The attorney general shall annually revise the statement provided in this section as
necessary to ensure that it continues accurately to describe the statutory and case law
governing the rights and duties of landlords and residential tenants of rental dwelling units.
After preparing the statement for the first time and after each annual revision of the statement,
the attorney general shall hold a public meeting to discuss the statement and receive
comments on its contents before it is issued. When preparing the statement and evaluating
public comment, the attorney general shall be guided by the legislature's intent that the
statement be brief, accurate, and complete in identifying significant legal rights and
obligations, and written using words with common, everyday meanings.
new text begin
(d) A landlord using a written lease shall include in the lease notice that the Minnesota
attorney general publishes a summary of the rights and obligations of landlords and residential
tenants of rental dwelling units. The tenant shall recover from the landlord damages of $100
for a violation of this paragraph.
new text end
Sec. 60.
new text begin
[504B.276] LIMITATION ON CLAIM PRECLUSION.
new text end
new text begin
A failure by a tenant to litigate an available claim or defense in any proceeding under
sections 504B.281 to 504B.471 does not preclude the tenant from raising or litigating that
claim or a claim arising out of the same transaction or occurrence in a separate proceeding.
new text end
Sec. 61.
Minnesota Statutes 2022, section 504B.285, subdivision 1, is amended to read:
Subdivision 1.
Grounds.
(a) The person entitled to the premises may recover possession
by eviction when:
(1) any person holds over real property:
(i) after a sale of the property on an execution or judgment;
(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or after
termination of contract to convey the property; or
(iii) after the expiration of the time for redemption on a real estate tax judgment sale;
(2)new text begin (i)new text end any person holds over real property after termination of the time for which it is
demised or leased to that person or to the persons under whom that person holds possessiondeleted text begin ,
contrary todeleted text end new text begin ;
new text end
new text begin (ii) a tenant materially violatesnew text end the conditions or covenants of the lease or agreement
under which that person holds, new text begin unless the person did not allow the violation, the person
cured the violation, the lease does not provide for eviction for violation of the lease, or the
landlord waived the violation by acceptance of rent; new text end or
new text begin (iii)new text end after any rent becomes due according to the terms of such lease or agreement; or
(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
(b) A landlord may not commence an eviction action against a tenant or authorized
occupant solely on the basis that the tenant or authorized occupant has been the victim of
any of the acts listed in section 504B.206, subdivision 1, paragraph (a). Nothing in this
paragraph should be construed to prohibit an eviction action based on a breach of the lease.
Sec. 62.
Minnesota Statutes 2022, section 504B.285, subdivision 2, is amended to read:
Subd. 2.
Retaliation defense.
It is a defense to an action for recovery of premises
deleted text begin following the alleged termination of a tenancy by notice to quit for the defendant to prove
by a fair preponderance of the evidence that:deleted text end new text begin that the action is retaliatory in violation of
section 504B.163.
new text end
deleted text begin
(1) the alleged termination was intended in whole or part as a penalty for the defendant's
good faith attempt to secure or enforce rights under a lease or contract, oral or written, under
the laws of the state or any of its governmental subdivisions, or of the United States; or
deleted text end
deleted text begin
(2) the alleged termination was intended in whole or part as a penalty for the defendant's
good faith report to a governmental authority of the plaintiff's violation of a health, safety,
housing, or building code or ordinance.
deleted text end
deleted text begin
If the notice to quit was served within 90 days of the date of an act of the tenant coming
within the terms of clause (1) or (2) the burden of proving that the notice to quit was not
served in whole or part for a retaliatory purpose shall rest with the plaintiff.
deleted text end
Sec. 63.
Minnesota Statutes 2023 Supplement, section 504B.291, subdivision 1, is amended
to read:
Subdivision 1.
Action to recover.
(a) A landlord may bring an eviction action for
nonpayment of rent irrespective of whether the lease contains a right of reentry clause.
new text begin (1)new text end Such an eviction action is equivalent to a demand for the rent.
new text begin (2)new text end There is a rebuttable presumption that the rent has been paid if the tenant produces
a copy or copies of one or more money orders or produces one or more original receipt
stubs evidencing the purchase of a money order, if the documents: (i) total the amount of
the rent; (ii) include a date or dates approximately corresponding with the date rent was
due; and (iii) in the case of copies of money orders, are made payable to the landlord. This
presumption is rebutted if the landlord produces a business record that shows that the tenant
has not paid the rent. The landlord is not precluded from introducing other evidence that
rebuts this presumption.
new text begin (3)new text end In such an action, unless the landlord has also sought to evict the tenant by alleging
a material violation of the lease under section 504B.285, subdivision 5, the tenant may, at
any time before possession has been delivered, redeem the tenancy and be restored to
possession by paying to the landlord or bringing to court the amount of the rent that is in
arrears, with interest, costs of the action, and an attorney's fee not to exceed $5deleted text begin , and by
performing any other covenants of the leasedeleted text end .
new text begin (4)new text end Redemption may be made with a written guarantee from (1) a federal agency, state
agency, or local unit of government, or (2) any other organization that qualifies for
tax-exempt status under United States Code, title 26, section 501(c)(3), and that administers
a government rental assistance program, has sufficient funds available, and guarantees funds
will be provided to the landlord.
new text begin
(5) The court must set a deadline for redemption of not less than 14 days, including
allowing the tenant to pay amounts ordered by the court in installments.
new text end
(b) If the tenant has paid to the landlord or brought into court the amount of rent in
arrears but is unable to pay the interest, costs of the action, and attorney's fees required by
paragraph (a), the court may permit the tenant new text begin more time new text end to pay these amounts into court
and be restored to possession deleted text begin within the same period of time, if any, for which the court
stays the issuance of the order to vacate under section 504B.345deleted text end .
(c) Prior to or after commencement of an action to recover possession for nonpayment
of rent, the parties may agree only in writing that partial payment of rent in arrears which
is accepted by the landlord prior to issuance of the order granting restitution of the premises
pursuant to section 504B.345 may be applied to the balance due and does not waive the
landlord's action to recover possession of the premises for nonpayment of rent.
(d) Rental payments under this subdivision must first be applied to rent claimed as due
in the complaint from prior rental periods before applying any payment toward rent claimed
in the complaint for the current rental period, unless the court finds that under the
circumstances the claim for rent from prior rental periods has been waived.
Sec. 64.
Minnesota Statutes 2022, section 504B.315, is amended to read:
504B.315 RESTRICTIONS ON EVICTION DUE TO FAMILIAL STATUS.
(a) As used in this section, "familial status" has the meaning given it in section 363A.03,
subdivision 18.
(b) No residential tenant of residential premises may be evicted, denied a continuing
tenancy, or denied a renewal of a lease on the basis of familial status commenced during
the tenancy unless one year has elapsed from the commencement of the familial status and
the landlord has given the tenant six months prior notice in writing, except in case of
nonpayment of rent, damage to the premises, disturbance of other tenants, or other new text begin material
new text end breach of the lease.
new text begin (c) The tenant shall recover from the landlord treble actual and consequential damages
or $1,000, whichever is greater, and reasonable attorney fees, for a violation of this section.
The remedy provided under this section is in addition to and shall not limit other rights or
remedies available to tenants.new text end Any provision, whether oral or written, of any lease or other
agreement, whereby any provision of this section is waived by a tenant, is contrary to public
policy and void.new text begin This section shall be liberally construed for the protection of tenants.
new text end
Sec. 65.
Minnesota Statutes 2023 Supplement, section 504B.321, is amended by adding
a subdivision to read:
new text begin Subd. 1c. new text end
new text begin Written notice for breach of lease. new text end
new text begin
(a) Before bringing an eviction action
alleging breach of lease, a landlord must provide written notice to the residential tenant
specifying the basis for future eviction action. The notice must include:
new text end
new text begin
(1) a description of specific conduct that is a breach of lease, including date of violations
and the person who committed the breaches and identification of the specific clause of the
lease that was breached;
new text end
new text begin
(2) notification that the tenant has the right to correct the alleged breaches of lease and
how they may be corrected, except where there are grounds for an expedited eviction action
under subdivision 2;
new text end
new text begin
(3) the name and address of the person authorized to receive notice from the tenant;
new text end
new text begin
(4) the following statement: "You have the right to seek legal help. If you can't afford
a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org
to know your rights and find your local Legal Aid office.";
new text end
new text begin
(5) the following statement: "To apply for financial help, contact your local county or
Tribal social services office, apply online at MNBenefits.mn.gov, or call the United Way
toll-free information line by dialing 2-1-1 or 800-543-7709."; and
new text end
new text begin
(6) the following statement: "Your landlord can file an eviction case if you do not correct
the alleged breaches of lease within 14 days from the date of this notice. Some local
governments may have an eviction notice period longer than 14 days."
new text end
new text begin
(b) The landlord or an agent of the landlord must deliver the notice personally or by first
class mail to the residential tenant at the address of the leased premises.
new text end
new text begin
(c) If the residential tenant fails to correct the alleged breaches of lease within 14 days
of the delivery or mailing of the notice, or the number of days required by a local government
rule or law if the notice period prior to an eviction required by the local government is longer
than 14 days, or fails to vacate, then the landlord may bring an eviction action under
subdivision 1 based on breach of lease.
new text end
Sec. 66.
Minnesota Statutes 2023 Supplement, section 504B.321, subdivision 5, is amended
to read:
Subd. 5.
Defective filing or service.
The court must dismiss and expunge the record of
any action if the person bringing the action fails to comply with this section.new text begin The tenant
shall recover from the landlord treble actual and consequential damages or $250, whichever
is greater, and reasonable attorney fees, for a violation of this section. Any attempted waiver
of this section by a landlord and tenant, by contract or otherwise, shall be void and
unenforceable. This section shall be liberally construed for the protection of tenants.
new text end
Sec. 67.
Minnesota Statutes 2023 Supplement, section 504B.331, is amended to read:
504B.331 SUMMONS; HOW SERVED.
(a) The summons and complaint must be served at least seven days before the date of
the court appearance specified in section 504B.321, in the manner provided for service of
a summons in a civil action in district court.
(b) If the defendant cannot be found in the county, the summons and complaint may be
served at least seven days before the date of the court appearance by:
(1) leaving a copy at the defendant's last usual place of abode with a person of suitable
age and discretion residing there; or
(2) if the defendant had no place of abode, by leaving a copy at the property described
in the complaint with a person of suitable age and discretion occupying the premises.
(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant
cannot be found in the county.
(d) Where the defendant cannot be found in the county, service of the summons and
complaint may be made upon the defendant by posting the summons deleted text begin in a conspicuous place
on the propertydeleted text end new text begin and complaint on an exterior door of the rental unitnew text end for not less than one
week ifnew text begin the plaintiff takes the following actions in the following ordernew text end :
(1) the property described in the complaint is:
(i) nonresidential and no person actually occupies the property; or
(ii) residential and service has been attempted at least twice on different days, with at
least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.;
and
(2) the plaintiff or the plaintiff's attorney has signed and filed with the court deleted text begin andeleted text end new text begin a
prepostingnew text end affidavit deleted text begin statingdeleted text end new text begin . A preposting affidavit is an affidavit that statesnew text end that:
(i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes
that the defendant is not in the state;new text begin and
new text end
(ii) a copy of the summons new text begin and complaint new text end has been mailed to the defendant at the
defendant's last known address if any is known to the plaintiff; deleted text begin ordeleted text end new text begin and
new text end
(iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction
hearing has been scheduled, including the date, time, and place of the hearing specified in
the summons, by at least one form of new text begin electronic new text end written communication the plaintiff regularly
uses to communicate with the defendant that have a date and time stamp.
new text begin
Service by posting is ineffective unless the plaintiff or the plaintiff's attorney has signed
and filed with the court a preposting affidavit before the summons and complaint is posted
in a conspicuous place on the property.
new text end
(e) If the defendant or the defendant's attorney does not appear in court on the date of
the appearance, the trial shall proceed.
new text begin
(f) A plaintiff and its agents must strictly comply with this section. The tenant shall
recover from the landlord treble damages or $250, whichever is greater and reasonable
attorney fees for a violation of this section. The court must dismiss and expunge the record
of any action if the person bringing the action fails to comply with this section and may not
waive the filing fee for the plaintiff to file another action.
new text end
new text begin
(g) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. This section shall be liberally construed for the
protection of tenants.
new text end
Sec. 68.
Minnesota Statutes 2023 Supplement, section 504B.335, is amended to read:
504B.335 ANSWER; TRIAL.
(a) deleted text begin At the court appearance specified in the summons,deleted text end The defendant may answer the
complaintnew text begin orally or in writingnew text end . new text begin The defendant may assert common law defenses and violations
of this chapter as defenses and counterclaims.
new text end
new text begin (b) The court shall review the complaint and service of the complaint for compliance
with this chapter. new text end When scheduling a trial date, the court must select a date that allows for
a fair, thorough, and timely adjudication of the merits of the case, including the complexity
of the matter, the need for the parties to obtain discovery, the need for the parties to ensure
the presence of witnesses, the opportunity for the defendant to seek legal counsel and raise
affirmative defenses, and any extenuating factors enumerated under section 504B.171.new text begin The
court shall ask the parties if they want discovery. Upon the request of any party for discovery,
the court shall order the parties to provide discovery and set a deadline for discovery to
provide the parties adequate time to prepare for trial.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Either party may demand a trial by jury.
deleted text begin (c)deleted text end new text begin (d)new text end The proceedings in the action are the same as in other civil actions, except as
provided in sections 504B.281 to 504B.371.
deleted text begin (d)deleted text end new text begin (e)new text end The court, in scheduling appearances and hearings under this section, shall give
priority to any eviction brought under section 504B.171, or on the basis that the residential
tenant engages in behavior that seriously endangers the safety of other residents, or
intentionally and seriously damages the property of the landlord or a tenant.
deleted text begin (e)deleted text end new text begin (f)new text end The court may not require the defendant to pay any amount of money into court,
post a bond, make a payment directly to a landlord, or by any other means post security for
any purpose prior to final disposition of an action, except if the final disposition of the action
may be delayed for more than ten days, the court may order the defendant to provide security
in a form and amount that the court approves, based on the totality of the circumstances,
provided that the amount of security may not include any amounts allegedly owed prior to
the date of filing of the action and may not exceed the amount of the monthly or periodic
rentnew text begin asnew text end that new text begin rent new text end accruesnew text begin , or within the time period to avoid any late fees, whichever is later,new text end
during the pendency of the action. Nothing in this paragraph shall affect an appeal bond
under section 504B.371, subdivision 3.
Sec. 69.
Minnesota Statutes 2023 Supplement, section 504B.345, subdivision 1, is amended
to read:
Subdivision 1.
General.
(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.
(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.
(c) If the court or jury finds for the defendant, then the court:
(1) shall enter judgment for the defendant, tax the costs against the plaintiff, and issue
execution in favor of the defendant; and
(2) shall expunge the records relating to the action under the provisions of section 484.014
or under the court's inherent authority at the time judgment is entered or after that time upon
motion of the defendant.
(d) Except in actions brought: (1) deleted text begin under section 504B.291; (2)deleted text end under section 504B.171;
or deleted text begin (3)deleted text end new text begin (2)new text end on the basis that the residential tenant engages in behavior that seriously endangers
the safety of other residents, or intentionally and seriously damages the property of the
landlord or a tenant, the court shall stay the writ of recovery of premises and order to vacate
for a reasonable period, deleted text begin not to exceeddeleted text end new text begin of at leastnew text end seven days.
Sec. 70.
Minnesota Statutes 2022, section 504B.345, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Motion for new trial or request for reconsideration. new text end
new text begin
Any party may bring a
motion for new trial or request for reconsideration. An order denying a motion for new trial
or request for reconsideration is considered a judgment for purposes of appeal under section
504B.371.
new text end
Sec. 71.
Minnesota Statutes 2022, section 504B.365, subdivision 1, is amended to read:
Subdivision 1.
General.
(a) The officer who holds the new text begin writ of recovery of premises and
new text end order to vacate shall execute it by deleted text begin demanding thatdeleted text end new text begin delivering the writ tonew text end the defendant, if
found in the county, any adult member of the defendant's family who is occupying the
premises, or any other person in charge, new text begin or by posting on an exterior door of the rental unit,
requiring the defendant to new text end relinquish possession and leave, taking family and all personal
property from the premises within 24 hours.new text begin A writ that has not been executed within 30
days of issuance may not be executed or renewed.
new text end
(b) If the defendant fails to comply with the demand, then the officer shall bring, if
necessary, the force of the county and any necessary assistance, at the cost of the plaintiff.
The officer shall remove the defendant, family, and all personal property from the premises
and place the plaintiff in possession.new text begin Removal of the defendant terminates the defendant's
liability for future rent.
new text end
(c) If the defendant cannot be found in the county, and there is no person in charge of
the premises, then the officer shall enter the premises, breaking in if necessary, and remove
and store the personal property of the defendant at a place designated by the plaintiff as
provided in subdivision 3.
(d) The order may also be executed by a licensed police officer or community crime
prevention licensed police officer.
Sec. 72.
Minnesota Statutes 2022, section 504B.365, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Notice. new text end
new text begin
The plaintiff shall notify the defendant of the date and approximate
time the officer is scheduled to remove the defendant, family, and personal property from
the premises. The notice must be sent by first class mail. In addition, the plaintiff must make
a good faith effort to notify the defendant by telephone and/or electronic forms of
communication the landlord and tenant have used. The notice must be mailed as soon as
the information regarding the date and approximate time the officer is scheduled to enforce
the order is known to the plaintiff, except that the scheduling of the officer to enforce the
order need not be delayed because of the notice requirement. The notice must inform the
defendant that the defendant and the defendant's personal property will be removed from
the premises if the defendant has not vacated the premises by the time specified in the notice.
new text end
Sec. 73.
Minnesota Statutes 2022, section 504B.365, subdivision 3, is amended to read:
Subd. 3.
Removal and storage of property.
deleted text begin
(a) If the defendant's personal property is
to be stored in a place other than the premises, the officer shall remove all personal property
of the defendant at the expense of the plaintiff.
deleted text end
deleted text begin
(b) The defendant must make immediate payment for all expenses of removing personal
property from the premises. If the defendant fails or refuses to do so, the plaintiff has a lien
on all the personal property for the reasonable costs and expenses incurred in removing,
caring for, storing, and transporting it to a suitable storage place.
deleted text end
deleted text begin
(c) The plaintiff may enforce the lien by detaining the personal property until paid. If
no payment has been made for 60 days after the execution of the order to vacate, the plaintiff
may hold a public sale as provided in sections 514.18 to 514.22.
deleted text end
deleted text begin
(d) If the defendant's personal property is to be stored on the premises, the officer shall
enter the premises, breaking in if necessary, and the plaintiff may remove the defendant's
personal property. Section 504B.271 applies to personal property removed under this
paragraph.
deleted text end
new text begin
(a) The plaintiff shall comply with section 504B.271.
new text end
new text begin (b)new text end The plaintiff must prepare an inventory and mail a copy of the inventory to the
defendant's last known address or, if the defendant has provided a different address, to the
address provided. The inventory must be prepared, signed, and dated in the presence of the
officer and must include the following:
(1) a list of the items of personal property and a description of their condition;
(2) the date, the signature of the plaintiff or the plaintiff's agent, and the name and
telephone number of a person authorized to release the personal property; and
(3) the name and badge number of the officer.
deleted text begin (e)deleted text end new text begin (c)new text end The officer must retain a copy of the inventory.
deleted text begin
(f) The plaintiff is responsible for the proper removal, storage, and care of the defendant's
personal property and is liable for damages for loss of or injury to it caused by the plaintiff's
failure to exercise the same care that a reasonably careful person would exercise under
similar circumstances.
deleted text end
deleted text begin
(g) The plaintiff shall notify the defendant of the date and approximate time the officer
is scheduled to remove the defendant, family, and personal property from the premises. The
notice must be sent by first class mail. In addition, the plaintiff must make a good faith
effort to notify the defendant by telephone. The notice must be mailed as soon as the
information regarding the date and approximate time the officer is scheduled to enforce the
order is known to the plaintiff, except that the scheduling of the officer to enforce the order
need not be delayed because of the notice requirement. The notice must inform the defendant
that the defendant and the defendant's personal property will be removed from the premises
if the defendant has not vacated the premises by the time specified in the notice.
deleted text end
Sec. 74.
Minnesota Statutes 2022, section 504B.365, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Penalty; waiver not alloweddeleted text end new text begin Remediesnew text end .
Unless the premises has been
abandonednew text begin under section 504B.001new text end , a plaintiff, an agent, or other person acting under the
plaintiff's direction or control who enters the premises and removes the defendant's personal
property in violation of this section is guilty of an unlawful ouster under section 504B.231
and is subject to penalty under section 504B.225. new text begin The defendant shall recover from the
plaintiff treble actual and consequential damages or $1,000, whichever is greater, and
reasonable attorney fees, for a violation of this section by the plaintiff. new text end This section may
not be waived or modified by lease or other agreement.
Sec. 75.
Minnesota Statutes 2022, section 504B.371, subdivision 2, is amended to read:
Subd. 2.
Time for appeal.
A party deleted text begin who feels aggrieved by the judgmentdeleted text end may appeal
within 15 days as provided for civil actions in district court.new text begin Motions for judge review of a
referee's decision, new trial, reconsideration, and to vacate judgment stay the appeal period
until the district court notifies the parties of the decision on the motion.
new text end
Sec. 76.
Minnesota Statutes 2023 Supplement, section 504B.371, subdivision 3, is amended
to read:
Subd. 3.
Appeal bond.
If the party appealing remains in possession of the property, that
party must give a bond that provides that:
(1) all costs of the appeal will be paid;
(2) the party will comply with the court's order; and
(3) the regular rent due to the party excluded from possession during the pendency of
the appeal will be paid as that rent accruesnew text begin or within the time period to avoid any late fees,
whichever is laternew text end . The court may not require a bond including back rent, late fees, disputed
charges, or any other amount in excess of the regular rent as it accrues each month.
Sec. 77.
Minnesota Statutes 2023 Supplement, section 504B.375, subdivision 1, is amended
to read:
Subdivision 1.
Unlawful exclusion or removal.
(a) This section applies to actual or
constructive removal or exclusion of a residential tenant which may include the termination
of utilities or the removal of doors, windows, or locksnew text begin , or a clear, unequivocal statement of
an intention to actually or constructively remove or exclude a residential tenantnew text end . A residential
tenant to whom this section applies may recover possession of the premises as described in
paragraphs (b) to (e).
(b) The residential tenant shall present a verified petition to the district court of the
judicial district of the county in which the premises are located that:
(1) describes the premises and the landlord;
(2) specifically states the facts and grounds that demonstrate that the exclusion or removal
was unlawful, including a statement that no writ of recovery of the premises and order to
vacate has been issued under section 504B.345 in favor of the landlord and against the
residential tenant and executed in accordance with section 504B.365; and
(3) asks for possession.
new text begin
The tenant may assert other claims under this chapter and request relocation of the tenant
at cost to the landlord, damages, full rescission of the lease, and recovery of any damage
deposit less any amount retained under section 504B.178.
new text end
(c) If it clearly appears from the specific grounds and facts stated in the verified petition
or by separate affidavit of the residential tenant or the residential tenant's attorney or agent
that the exclusion or removal was unlawful, the court shall immediately order that the
residential tenant have possession of the premisesnew text begin without a hearing or service on the
landlordnew text end .new text begin The court shall schedule a hearing to consider the tenant's additional relief and
any defenses by the respondent.
new text end
(d) The residential tenant shall furnish security, if any, that the court finds is appropriate
under the circumstances for payment of all costs and damages the landlord may sustain if
the order is subsequently found to have been obtained wrongfully. In determining the
appropriateness of security, the court shall consider the residential tenant's ability to afford
monetary security.
(e) The court shall direct the order to the sheriff of the county in which the premises are
located and the sheriff shall execute the order immediately by making a demand for
possession on the landlord, if found, or the landlord's agent or other person in charge of the
premises. If the landlord fails to comply with the demand, the officer shall take whatever
assistance may be necessary and immediately place the residential tenant in possession of
the premises. If the landlord, the landlord's agent, or other person in control of the premises
cannot be found and if there is no person in charge, the officer shall immediately enter into
and place the residential tenant in possession of the premises. The officer shall also serve
the order and verified petition or affidavit immediately upon the landlord or agent, in the
same manner as a summons is required to be served in a civil action in district court.
(f) The court administrator may charge a filing fee in the amount set for complaints and
counterclaims in conciliation court, subject to the filing of an inability to pay affidavit.
new text begin
(g) At the hearing or trial, the respondent has the burden of proving by a preponderance
of the evidence that actual or constructive removal or exclusion of a residential tenant did
not occur. The court shall not end the action until it determines all claims pled by the parties.
new text end
new text begin
(h) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. This section shall be liberally construed for the
protection of tenants.
new text end
Sec. 78.
Minnesota Statutes 2022, section 504B.385, subdivision 1, is amended to read:
Subdivision 1.
Escrow of rent.
(a) If a violation exists in a residential building, a
residential tenant may deleted text begin deposit the amount of rent due to the landlord with the court
administrator using the procedures described in paragraphs (b) to (d)deleted text end new text begin file an action under
this sectionnew text end .
(b) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
residential tenant deleted text begin may deposit with the court administrator the rent due to the landlord along
withdeleted text end new text begin shall filenew text end a copy of the written notice of the code violation as provided in section
504B.185, subdivision 2. The residential tenant may not deleted text begin deposit the rent ordeleted text end file the written
notice of the code violation until the time granted to make repairs has expired without
satisfactory repairs being made, unless the residential tenant alleges that the time granted
is excessive.
(c) For a violation as defined in section 504B.001, subdivision 14, deleted text begin clause (2) or (3),deleted text end new text begin
clauses (2) to (5),new text end the residential tenant must give written notice to the landlord specifying
the violation. deleted text begin The notice must be delivered personally or sent to the person or place where
rent is normally paid.deleted text end If the violation is not corrected within 14 days, the residential tenant
may deleted text begin deposit the amount of rent due to the landlorddeleted text end new text begin filenew text end with the court administrator deleted text begin along
withdeleted text end an affidavit specifying the violation. The court must provide a simplified form affidavit
for use under this paragraph.
(d) deleted text begin The residential tenant need not deposit rent if none is due to the landlord at the time
the residential tenant files the notice required by paragraph (b) or (c). Alldeleted text end new text begin The court may
require the tenant to deposit with the court administratornew text end rent which becomes due to the
landlord new text begin or within the time period to avoid any late fees, whichever is later, new text end after deleted text begin that time
but before the hearing under subdivision 6 must be deposited with the court administrator.
As long as proceedings are pending under this section, the residential tenant must pay rent
to the landlord or as directed by the court and may not withhold rent to remedy a violation.deleted text end new text begin
filing the action.
new text end
new text begin
(e) The residential tenant may request a trial by jury.
new text end
new text begin
(f) The tenant may assert other claims under this chapter and sections 325D.43 to
325D.44, 325F.68 to 325F.70, and 626.557 to 626.5573, and request relocation of the tenant
at cost to the landlord, damages, full rescission of the lease, and recovery of any damage
deposit less any amount retained under section 504B.178.
new text end
Sec. 79.
Minnesota Statutes 2022, section 504B.385, subdivision 4, is amended to read:
Subd. 4.
Filing fee.
The court administrator deleted text begin maydeleted text end new text begin shallnew text end charge a filing fee in the amount
set for complaints and counterclaims in conciliation court, subject to the filing of an inability
to pay affidavit.
Sec. 80.
Minnesota Statutes 2022, section 504B.385, subdivision 5, is amended to read:
Subd. 5.
Notice of hearing.
(a) A hearing must be held within ten to 14 days from the
day a residential tenantdeleted text begin :
deleted text end
deleted text begin
(1) deposits rent with the court administrator; or
deleted text end
deleted text begin (2)deleted text end files the notice required under subdivision 1, paragraph (b) or (c)deleted text begin , if the tenant is not
required to deposit rentdeleted text end with the court administrator deleted text begin under subdivision 1, paragraph (d)deleted text end .
deleted text begin
Nothing in this subdivision relieves the tenant of the obligation to deposit rent that becomes
due to the landlord after the filing but before the hearing with the court administrator.
deleted text end
(b) deleted text begin If the cost of remedying the violation, as estimated by the residential tenant, is within
the jurisdictional limit for conciliation court,deleted text end The court administrator shall notify the landlord
and the residential tenant of the time and place of the hearing by first class mail.
(c) The residential tenant must provide the court administrator with the landlord's name
and address. If the landlord has disclosed a post office box as the landlord's address under
section 504B.181, notice of the hearing may be mailed to the post office box.
(d) If new text begin the tenant's request for damages, excluding new text end the cost of remedying the violation,
deleted text begin as estimated by the tenant,deleted text end is above the jurisdictional limit for conciliation court, the tenant
must serve the notice of hearing according to the Minnesota Rules of Civil Procedure.
deleted text begin (e)deleted text end The notice of hearing must deleted text begin specify the amount the residential tenant has deposited
with the court administrator and mustdeleted text end inform the landlord that possession of the premises
will not be in issue at the hearing deleted text begin unless the landlord files a counterclaim for possession or
an eviction actiondeleted text end .
Sec. 81.
Minnesota Statutes 2022, section 504B.385, subdivision 6, is amended to read:
Subd. 6.
Hearing.
deleted text begin The hearing shall be conducted by a court without a jury.deleted text end new text begin Either party
may demand a trial by jury.new text end A certified copy of an inspection report meets the requirements
of rule 803(8) of the Minnesota Rules of Evidence as an exception to the rule against hearsay,
and meets the requirements of rules 901 and 902 of the Minnesota Rules of Evidence as to
authenticationnew text begin without expert testimonynew text end .new text begin The court shall receive evidence admissible under
the Minnesota Rules of Evidence but in the exercise of discretion and in the interests of
justice, may receive otherwise inadmissible evidence. The court shall first hear issues
regarding the violation and correction of it, and may continue the hearing for compliance
with court orders and determination of remaining claims. The court shall not end the action
until it determines all claims pled by the parties.
new text end
Sec. 82.
Minnesota Statutes 2022, section 504B.385, subdivision 9, is amended to read:
Subd. 9.
Judgment.
(a) Upon finding that a violation existsnew text begin or existed at the point of
filingnew text end , the court deleted text begin may, in its discretion, do any or all of the followingdeleted text end :
(1) new text begin shall new text end order relief as provided in section 504B.425, including retroactive rent
abatement;
(2) new text begin may new text end order that all or a portion of deleted text begin thedeleted text end new text begin anynew text end rent in escrow be released for the purpose
of remedying the violation;
(3) new text begin may new text end order that rent be deposited with the court as it becomes due to the landlord or
abate future rent until the landlord remedies the violation; deleted text begin or
deleted text end
(4) new text begin shall new text end impose fines new text begin and damages new text end as required in section 504B.391deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) shall award relief on the tenant's additional claims proved by the tenant.
new text end
(b) When a proceeding under this section has been consolidated with deleted text begin a counterclaim for
possession ordeleted text end an eviction action, and the landlord prevails, the residential tenant may redeem
the tenancy as provided in section 504B.291.
(c) When a proceeding under this section has been consolidated with deleted text begin a counterclaim for
possession ordeleted text end an eviction action on the grounds of nonpayment, the court may not require
the residential tenant to pay the landlord's filing fee as a condition of retaining possession
of the property when the residential tenant has deposited with the court the full amount of
money found by the court to be owed to the landlord.
Sec. 83.
Minnesota Statutes 2022, section 504B.385, subdivision 11, is amended to read:
Subd. 11.
Retaliation; waiver not allowed.
Section 504B.441 applies to proceedings
under this section. The residential tenant rights under this section may not be waived or
modified and are in addition to and do not limit other rights or remedies which may be
available to the residential tenant and landlord, except as provided in subdivision 1.new text begin This
section shall be liberally construed for the protection of tenants.
new text end
Sec. 84.
Minnesota Statutes 2022, section 504B.391, is amended to read:
504B.391 VIOLATIONS OF BUILDING REPAIR ORDERS.
Subdivision 1.
Noncompliance; finesnew text begin and damagesnew text end .
If the court finds that a landlord
has willfully failed to comply with a court order to remedy a violation, the court shall fine
the landlord new text begin and award damages to the tenant new text end according to the following schedule:
(1) $250 new text begin fine and $250 in damages new text end for the first failure to comply;
(2) $500 new text begin fine and $500 in damages new text end for the second failure to comply with an order
regarding the same violation; and
(3) deleted text begin $750deleted text end new text begin $1,000 fine and $1,000 in damagesnew text end for the third and each subsequent failure
to comply with an order regarding the same violation.
Subd. 2.
Criminal penalty.
A landlord who willfully fails to comply with a court order
to remedy a violation is guilty of a new text begin misdemeanor. A landlord who willfully fails to comply
with a court order to remedy a violation is guilty of a new text end gross misdemeanor if it is the third
or subsequent time that the landlord has willfully failed to comply with an order to remedy
a violation within a three-year period.
Sec. 85.
Minnesota Statutes 2022, section 504B.395, subdivision 1, is amended to read:
Subdivision 1.
Who may bring action.
An action may be brought in district court by:
(1) a residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, is alleged to exist;
(2) any housing-related neighborhood organization with the written permission of a
residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, deleted text begin clause (1) or (2),deleted text end is alleged to exist;
(3) a housing-related neighborhood organization that has within its geographical area
an unoccupied residential building in which a violation, as defined in section 504B.001,
subdivision 14, deleted text begin clause (1) or (2),deleted text end is alleged to exist; or
(4) a state, county, or local department or authority, charged with the enforcement of
codes relating to health, housing, or building maintenance.
Sec. 86.
Minnesota Statutes 2022, section 504B.395, subdivision 4, is amended to read:
Subd. 4.
Landlord must be informed.
A landlord must be informed in writing of an
alleged violation at least 14 days before an action is brought by:
(1) a residential tenant of a residential building in which a violation as defined in section
504B.001, subdivision 14, deleted text begin clause (2) or (3)deleted text end new text begin clauses (2) to (5)new text end , is alleged to exist; or
(2) a housing-related neighborhood organization, with the written permission of a
residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, deleted text begin clause (2)deleted text end new text begin clauses (2) to (5)new text end , is alleged to exist. The notice
requirement may be waived if the court finds that the landlord cannot be located despite
diligent efforts.
Sec. 87.
Minnesota Statutes 2022, section 504B.395, subdivision 6, is amended to read:
Subd. 6.
Contents of complaint.
(a) The complaint must be verified and must:
(1) allege material facts showing that a violation or violations exist in the residential
building;
(2) state the relief sought; deleted text begin and
deleted text end
(3) list the rent due each month from each dwelling unit within the residential building,
if knowndeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) At the residential tenant's option, the tenant may request a trial by jury, assert other
claims under this chapter and sections 325D.43 to 325D.44, 325F.68 to 325F.70, and 626.557
to 626.5573, and request relocation of the tenant at cost to the landlord, damages, full
rescission of the lease, and recovery of any damage deposit less any amount retained under
section 504B.178.
new text end
(b) If the violation is a violation as defined in section 504B.001, subdivision 14, clause
(1), the complaint must be accompanied by:
(1) a copy of the official report of inspection by a department of health, housing, or
buildings, certified by the custodian of records of that department stating:
(i) when and by whom the residential building concerned was inspected;
(ii) what code violations were recorded; and
(iii) that notice of the code violations has been given to the landlord; or
(2) a statement that a request for inspection was made to the appropriate state, county,
or municipal department, that demand was made on the landlord to correct the alleged code
violation, and that a reasonable period of time has elapsed since the demand or request was
made.
Sec. 88.
Minnesota Statutes 2022, section 504B.415, is amended to read:
504B.415 DEFENSES.
It is a sufficient defense to a complaint under section 504B.385 or 504B.395 thatdeleted text begin :
deleted text end
deleted text begin (1)deleted text end the violation or violations alleged in the complaint deleted text begin dodeleted text end new text begin didnew text end not exist deleted text begin or that the violation
or violations have been removed or remedied;deleted text end new text begin . The landlord may assert defenses under
section 504B.161.
new text end
deleted text begin
(2) the violations have been caused by the willful, malicious, negligent, or irresponsible
conduct of a complaining residential tenant or anyone under the tenant's direction or control;
or
deleted text end
deleted text begin
(3) a residential tenant of the residential building has unreasonably refused entry to the
landlord or the landlord's agent to a portion of the property for the purpose of correcting
the violation, and that the effort to correct was made in good faith.
deleted text end
Sec. 89.
Minnesota Statutes 2022, section 504B.421, is amended to read:
504B.421 HEARING.
deleted text begin If issues of fact are raised, they must be tried by the court without a jury.deleted text end new text begin Either party
may demand a trial by jury. The court shall first hear issues regarding the violation and
correction of it, and may continue the hearing for compliance with court orders and
determination of remaining claims.new text end The court may grant a postponement of the trial on its
own motion or at the request of a party if it determines that postponements are necessary
to enable a party to procure necessary witnesses or evidence. deleted text begin A postponement must be for
no more than ten days except by consent of all appearing parties.deleted text end new text begin The court shall not end
the action until it determines all claims pled by the parties.
new text end
Sec. 90.
Minnesota Statutes 2022, section 504B.425, is amended to read:
504B.425 JUDGMENT.
(a) If the court finds that the complaint in section 504B.395 has been proveddeleted text begin , it may, in
its discretion, take any of the actions described in paragraphs (b) to (g), either alone or in
combination.deleted text end new text begin :
new text end
deleted text begin (b)deleted text end new text begin (1)new text end The court deleted text begin maydeleted text end new text begin shallnew text end order the landlord to new text begin promptly new text end remedy the violation or
violations found by the court to exist deleted text begin if the court is satisfied that corrective action will be
undertaken promptlydeleted text end new text begin or existednew text end .
deleted text begin (c)deleted text end new text begin (2) At the tenant's option,new text end the court may order the residential tenant to remedy the
violation or violations found by the court to exist and deduct the cost from the rent subject
to the terms as the court determines to be just.
deleted text begin (d)deleted text end new text begin (3)new text end The court may appoint an administrator with powers described in section
504B.445, and:
deleted text begin (1)deleted text end new text begin (i)new text end direct that rents due:
deleted text begin (i)deleted text end new text begin (A)new text end on and from the day of entry of judgment, in the case of petitioning residential
tenants or housing-related neighborhood organizations; and
deleted text begin (ii)deleted text end new text begin (B)new text end on and from the day of service of the judgment on all other residential and
commercial tenants of the residential building, if any,
shall be deposited with the administrator appointed by the court; and
deleted text begin (2)deleted text end new text begin (ii)new text end direct that the administrator use the rents collected to remedy the violations found
to exist by the court by paying the debt service, taxes, and insurance, and providing the
services necessary to the ordinary operation and maintenance of the residential building
which the landlord is obligated to provide but fails or refuses to provide.
deleted text begin (e)deleted text end new text begin (b)new text end The court deleted text begin maydeleted text end new text begin shallnew text end find the extent to which any uncorrected violations impair
new text begin or have impaired new text end the residential tenants' use and enjoyment of the property contracted for
and order the rent abated accordingly. If the court enters judgment under this paragraph,
the parties shall be informed and the court shall determine the amount by which the rent is
to be abated.
new text begin
(c) The court shall order remedies for violations of section 504B.161.
new text end
new text begin
(d) At the request of the tenant, the court may order relocation of the tenant to a
comparable dwelling at cost to the landlord, full rescission of the lease, and recovery of any
damage deposit less any amount retained under section 504B.178.
new text end
new text begin
(e) The court shall order remedies for other claims proved by the tenant.
new text end
new text begin
(f) The court may order remedies under section 504B.391 and chapter 588 for violations
of court orders under this section.
new text end
deleted text begin (f) After termination of administration,deleted text end new text begin (g)new text end The court deleted text begin maydeleted text end new text begin shallnew text end continue the jurisdiction
of the court over the residential building deleted text begin for a period of one yeardeleted text end new text begin to ensure compliance with
court orders under this sectionnew text end and order the landlord to maintain the residential building
in compliance with all applicable state, county, and city health, safety, housing, building,
fire prevention, and housing maintenance codes.
deleted text begin (g)deleted text end new text begin (h)new text end The court may grant any other relief it deems just and proper, including a judgment
against the landlord for reasonable attorney feesdeleted text begin , not to exceed $500,deleted text end in the case of a
prevailing residential tenant or neighborhood organization. deleted text begin The $500 limitation does not
apply to awards made under section 549.211 or other specific statutory authority.
deleted text end
new text begin
(i) The court shall not end the action until it determines all claims pled by the parties.
new text end
Sec. 91.
Minnesota Statutes 2022, section 504B.431, is amended to read:
504B.431 SERVICE OF JUDGMENT.
deleted text begin A copy of the judgment must be personally served ondeleted text end new text begin The tenant shall personally servenew text end
every residential and commercial tenant of the residential building whose obligations will
be affected by the judgment. Ifdeleted text begin , with due diligence,deleted text end personal service cannot be made, service
may be made by posting a notice of the judgment on the entrance door of the residential
tenant's dwelling or commercial tenant's unit and by mailing a copy of the judgment to the
residential tenant or commercial tenant by deleted text begin certifieddeleted text end new text begin first classnew text end mail.
Sec. 92.
Minnesota Statutes 2022, section 504B.441, is amended to read:
504B.441 RESIDENTIAL TENANT MAY NOT BE PENALIZED FOR
COMPLAINT.
A residential tenant may not be evicted, nor may the residential tenant's obligations
under a lease be increased or the services decreased, if the eviction or increase of obligations
or decrease of services is deleted text begin intended as a penalty for the residential tenant's or housing-related
neighborhood organization's complaint of a violation. The burden of proving otherwise is
on the landlord if the eviction or increase of obligations or decrease of services occurs within
90 days after filing the complaint, unless the court finds that the complaint was not made
in good faith. After 90 days the burden of proof is on the residential tenant.deleted text end new text begin retaliatory in
violation of section 504B.163.
new text end
Sec. 93.
Minnesota Statutes 2022, section 504B.451, is amended to read:
504B.451 RECEIVERSHIP REVOLVING LOAN FUND.
The Minnesota Housing Finance Agency deleted text begin maydeleted text end new text begin shallnew text end establish a revolving loan fund to
pay the administrative expenses of receivership administrators under section 504B.445 for
properties for occupancy by low- and moderate-income persons or families. Landlords must
repay administrative expense payments made from the fund.
Sec. 94.
Minnesota Statutes 2022, section 504B.471, is amended to read:
504B.471 PURPOSE TO PROVIDE ADDITIONAL REMEDIES.
The purpose of deleted text begin sectiondeleted text end new text begin sectionsnew text end 504B.381new text begin , 504B.385,new text end and deleted text begin sectionsdeleted text end 504B.395 to 504B.471
is to provide additional remedies and nothing contained in those sections alters the ultimate
financial liability of the landlord or residential tenant for repairs or maintenance of the
building.new text begin These sections shall be liberally construed for the protection of tenants.
new text end
Sec. 95.
new text begin
[504B.153] TENANT ABANDONMENT OF DWELLING.
new text end
new text begin Subdivision 1. new text end
new text begin Abandonment. new text end
new text begin
(a) If a residential tenant abandons a dwelling unit during
the lease term, the landlord shall make reasonable efforts to rent it at a fair rental value. If
the landlord rents the dwelling unit for a term beginning before the expiration of the rental
agreement, the agreement is terminated on the date the new tenancy begins. The rental
agreement is terminated by the landlord on the date the landlord has notice of the
abandonment if the landlord fails to use reasonable efforts to rent the dwelling unit at a fair
rental value or if the landlord accepts the abandonment as a surrender. The tenant shall not
be liable for rent after the termination of the tenancy.
new text end
new text begin
(b) If the rental agreement was for a periodic tenancy or tenancy at will, the maximum
rent liability for the tenant is the notice period required to end the lease from the date the
landlord has notice of the abandonment.
new text end
new text begin Subd. 2. new text end
new text begin Waiver prohibited. new text end
new text begin
Any waiver of the rights provided by this section shall be
void and unenforceable.
new text end
Sec. 96.
new text begin
[504B.163] RETALIATION PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin No retaliation. new text end
new text begin
(a) A landlord may not retaliate against a tenant for
asserting any right a tenant has related to the tenancy or otherwise.
new text end
new text begin
(b) For purposes of this section, a third party asserting rights on behalf of a tenant is
considered the same as if that tenant directly asserted their rights.
new text end
new text begin Subd. 2. new text end
new text begin Rights protected. new text end
new text begin
For the purposes of subdivision 1, asserting rights includes
but is not limited to:
new text end
new text begin
(1) complaining about a violation of the lease or the law to the landlord;
new text end
new text begin
(2) calling for police or emergency assistance;
new text end
new text begin
(3) the tenant's good faith attempt to secure or enforce rights under a lease or contract,
oral or written, under the laws of the state or any of its governmental subdivisions, or of the
United States;
new text end
new text begin
(4) the tenant's good faith report to a governmental authority of the plaintiff's violation
of a health, safety, housing, or building code or ordinance;
new text end
new text begin
(5) organizing, participating in organizing, protesting, demonstrating, or becoming a
member of a housing-related neighborhood organization or similar organization;
new text end
new text begin
(6) suing the landlord or testifying in a court proceeding, an administrative hearing, or
a legislative hearing, or any public space against the landlord; or
new text end
new text begin
(7) exercising any right or remedy provided by law.
new text end
new text begin Subd. 3. new text end
new text begin Prohibited conduct. new text end
new text begin
For the purposes of subdivision 1, retaliatory conduct
includes but is not limited to:
new text end
new text begin
(1) filing an eviction;
new text end
new text begin
(2) increasing the rent due;
new text end
new text begin
(3) terminating or nonrenewing a tenancy;
new text end
new text begin
(4) increasing a tenant's obligations under a lease;
new text end
new text begin
(5) decreasing services to a tenant;
new text end
new text begin
(6) altering an existing rental agreement;
new text end
new text begin
(7) imposing any penalty on a tenant; or
new text end
new text begin
(8) threatening retaliatory conduct.
new text end
new text begin Subd. 4. new text end
new text begin Presumption of retaliation. new text end
new text begin
(a) The landlord has the burden of proving a
substantial nonretaliatory purpose, wholly unrelated to and unmotivated by the tenant's
protected activity, if the conduct prohibited under subdivision 3 occurs within one year after
the tenant asserts a right.
new text end
new text begin
(b) If the conduct prohibited under subdivision 3 occurs more than one year after the
tenant asserted a right, the tenant must make a prima facie case, by a preponderance of the
evidence, that:
new text end
new text begin
(1) the tenant asserted a right;
new text end
new text begin
(2) the landlord, through act or omission, committed retaliatory conduct; and
new text end
new text begin
(3) the conduct prohibited under subdivision 3 was intended to penalize the tenant for
asserting the right.
new text end
new text begin
Then, the burden shifts to the landlord to prove a substantial nonretaliatory purpose, wholly
unrelated to and unmotivated by the tenant's protected activity. If the landlord meets their
burden, the tenant must be afforded a fair opportunity to prove that the landlord's stated
nonretaliatory purpose is in fact pretext.
new text end
new text begin Subd. 5. new text end
new text begin Right to explanation. new text end
new text begin
If a tenant alleges that any action a landlord has taken
is retaliatory, the landlord must provide a reason to the tenant in writing explaining the
landlord's reason for taking that action within one week of the tenant's written request for
an explanation. Failure to do so creates a presumption of retaliation regardless of when the
action was taken.
new text end
new text begin Subd. 6. new text end
new text begin Penalty. new text end
new text begin
If a landlord violates subdivision 1 of this statute, the tenant is entitled
to a civil penalty of up to three month's rent for each violation along with actual damages,
or $1,000, whichever is greater, court costs, reasonable attorney fees, and equitable relief
including injunction against enforcement of the retaliatory notice. A residential tenant may
follow the procedures in sections 504B.381, 504B.385, and 504B.395 to 504B.471, or
commence a civil action, to enforce the provisions of this section. The penalty may be
awarded if the tenant proves retaliation in any other case, including eviction cases.
new text end
new text begin Subd. 7. new text end
new text begin Right to cure material breach. new text end
new text begin
Notwithstanding sections 504B.281 to
504B.371, in any eviction proceeding where the landlord asserts a material breach of the
lease and the tenant has asserted retaliation as a defense, if the court finds that the landlord's
action was not retaliatory, the court shall issue an order in favor of the landlord for costs.
The court shall order the tenant to come into compliance with the lease within 30 days. If
the tenant fails to come into lease compliance within 30 days, the landlord may, upon a
showing to the court that three days' written notice was given to the resident, move the court
for a writ of recovery to recover possession.
new text end
new text begin Subd. 8. new text end
new text begin No waiver. new text end
new text begin
The tenant rights under this section may not be waived or modified,
by contract or otherwise.
new text end
new text begin Subd. 9. new text end
new text begin Liberal construction. new text end
new text begin
This section shall be liberally construed for the protection
of tenants.
new text end
new text begin Subd. 10. new text end
new text begin Additional remedies. new text end
new text begin
The purpose of this section is to provide additional
remedies and are in addition to and do not limit other rights or remedies which may be
available to the tenant and landlord.
new text end
Sec. 97.
new text begin
[504B.212] TRESPASS.
new text end
new text begin
(a) A residential tenant has the right to give license to another to enter the rental dwelling.
Such a licensee has a bona fide claim of right to use and occupy the rental dwelling, revocable
at will by the residential tenant.
new text end
new text begin
(b) A landlord shall not restrict a tenant's ability, by contract, written notice, or oral
notice, to give such license. A landlord may establish reasonable rules restricting a licensee's
right to use and occupy common areas of a multiple-family building. A landlord may not
require a licensee to provide their name or any identifying information as a condition of
their license.
new text end
new text begin
(c) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. The tenant shall recover from the landlord treble
actual and consequential damages or $1,000, whichever is greater, and reasonable attorney
fees, for a violation of this section. This section shall be liberally construed for the protection
of tenants.
new text end
Sec. 98.
new text begin
[504B.213] RESIDENTIAL TENANT'S RIGHT TO NOT BE UNFAIRLY
TOWED.
new text end
new text begin Subdivision 1. new text end
new text begin Towing by landlord. new text end
new text begin
A landlord may tow or remove a tenant's motor
vehicle only for a reasonable business purpose listed in the lease and only after making a
good faith effort to give the residential tenant reasonable notice under the circumstances,
of at least 24 hours, of the intent to tow.
new text end
new text begin Subd. 2. new text end
new text begin Exceptions. new text end
new text begin
A landlord may tow or remove a tenant's motor vehicle without
notice to the tenant only if the vehicle:
new text end
new text begin
(1) blocks or prevents access by emergency vehicles;
new text end
new text begin
(2) blocks or prevents entry to the premises;
new text end
new text begin
(3) violates a prominently posted parking prohibition;
new text end
new text begin
(4) blocks or is unlawfully parked in a space reserved for persons with disabilities; and
new text end
new text begin
(5) is parked in an area not intended for motor vehicles including but not limited to
sidewalks, lawns, and landscaping.
new text end
new text begin Subd. 3. new text end
new text begin Guest parking. new text end
new text begin
If guest parking is allowed, the landlord shall post a sign in
each designated guest parking space that is clearly readable by an operator of motor vehicle
and that specifies any rules, restrictions, or limitations on parking in the designated guest
parking space.
new text end
new text begin Subd. 4. new text end
new text begin Waiver prohibited. new text end
new text begin
Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable. The tenant shall recover
from the landlord treble actual and consequential damages or $1,000, whichever is greater,
and reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the benefit of tenants.
new text end
new text begin Subd. 5. new text end
new text begin Purpose to provide additional remedies. new text end
new text begin
The remedies provided in this section
are in addition to and shall not limit other rights or remedies available to landlords and
tenants.
new text end
Sec. 99.
new text begin
[504B.2132] REMEDIES FOR LANDLORD TO PROVIDE FURNISH
CERTIFICATE OF RENT PAID.
new text end
new text begin
A residential tenant may enforce the provisions of section 290A.19 in actions under
sections 504B.281 to 504B.371, 504B.381, 504B.385, and 504B.395 to 504B.471, and other
civil actions. The requirements of this section may not be waived or modified by the parties
to a residential lease. Any provision, whether oral or written, of a lease or other agreement
by which any provision of this section is waived by a tenant is contrary to public policy and
void. The tenant shall recover from the landlord treble actual and consequential damages
or $250, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end
Sec. 100.
new text begin
[504B.2133] FREEDOM OF EXPRESSION.
new text end
new text begin
(a) No landlord shall prohibit or adopt any rule prohibiting residential tenants or other
persons from peacefully organizing, assembling, canvassing, leafletting, or otherwise
exercising within the residential building their right of free expression for noncommercial
purposes. A landlord may adopt and enforce rules that set reasonable limits as to time, place,
and manner.
new text end
new text begin
(b) The requirements of this section may not be waived or modified by the parties to a
residential lease. Any provision, whether oral or written, of a lease or other agreement by
which any provision of this section is waived by a tenant is contrary to public policy and
void. The tenant shall recover from the landlord $250 per violation, and reasonable attorney
fees, for a violation of this section.
new text end
Sec. 101.
new text begin
[504B.2134] NO ACCELERATED RENT CLAUSES ALLOWED IN
RESIDENTIAL TENANCIES.
new text end
new text begin
(a) A residential lease shall not contain an acceleration clause or other provision that
gives the landlord the right, after a default by a residential tenant, to demand the entire
balance of rent due under the lease for the entire remainder of the lease term to be paid
before rent would be due under the lease.
new text end
new text begin
(b) The requirements of this section may not be waived or modified by the parties to a
residential lease. Any provision, whether oral or written, of a lease or other agreement by
which any provision of this section is waived by a tenant is contrary to public policy and
void. The tenant shall recover from the landlord treble actual and consequential damages
or $1,000, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end
Sec. 102.
new text begin
[504B.2135] BAN CLASS ACTION WAIVERS IN LEASES.
new text end
new text begin
(a) A residential lease shall not require a residential tenant to use arbitration for disputes
with the landlord, and shall not restrict a residential tenant's use of actions in court, including
class actions.
new text end
new text begin
(b) The requirements of this section may not be waived or modified by the parties to a
residential lease. Any provision, whether oral or written, of a lease or other agreement by
which any provision of this section is waived by a tenant is contrary to public policy and
void. The tenant shall recover from the landlord treble actual and consequential damages
or $1,000, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end
Sec. 103.
new text begin
[504B.2136] NO LISTING OF MINORS AS LEASE PARTIES OR
DEFENDANTS.
new text end
new text begin
(a) A residential lease shall not list a minor child of a residential tenant as a tenant. If a
minor is the only person renting from the landlord, the lease may list the minor as a tenant.
new text end
new text begin
(b) A residential landlord shall not list a minor child of a residential tenant as a defendant
in an eviction action complaint against the residential tenant. If a minor is the only person
renting from the landlord, the lease may list the minor as a defendant in an eviction action
complaint against the minor.
new text end
new text begin
(c) The requirements of this section may not be waived or modified by the parties to a
residential lease. Any provision, whether oral or written, of a lease or other agreement by
which any provision of this section is waived by a tenant is contrary to public policy and
void. The tenant shall recover from the landlord treble actual and consequential damages
or $1,000, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end
Sec. 104.
new text begin
[504B.2137] NOTICE TO TERMINATE LEASE FOLLOWING
LANDLORD NOTICE TO INCREASE RENT.
new text end
new text begin
A residential tenant may elect to treat a landlord's notice of rent increase as a notice to
vacate. The tenant need not provide the landlord notice of their election under this section.
A tenant may accept the rent increase expressly or by holding over after the notice period
of the rent increase. The requirements of this section may not be waived or modified by the
parties to a residential lease. Any provision, whether oral or written, of a lease or other
agreement by which any provision of this section is waived by a tenant is contrary to public
policy and void. The tenant shall recover from the landlord treble actual and consequential
damages or $1,000, whichever is greater, and reasonable attorney fees, for a violation of
this section.
new text end
Sec. 105.
new text begin
[504B.2138] RIGHT TO BREAK LEASE FOR ADDING A NEW MINOR
TO A FAMILY.
new text end
new text begin Subdivision 1. new text end
new text begin Termination. new text end
new text begin
A residential tenant may terminate the lease prior to the
expiration of the lease in the manner provided in subdivision 2 if the size of the tenant's
family has increased, including the pregnancy of a household member.
new text end
new text begin Subd. 2. new text end
new text begin Notice. new text end
new text begin
When the conditions in subdivision 1 have been met, the tenant may
terminate the lease by providing at least two months written notice to be effective on the
last day of a calendar month. The notice must be either hand-delivered or mailed by postage
prepaid, first class mail.
new text end
new text begin Subd. 3. new text end
new text begin Waiver prohibited. new text end
new text begin
The requirements of this section may not be waived or
modified by the parties to a residential lease. Any provision, whether oral or written, of a
lease or other agreement by which any provision of this section is waived by a tenant is
contrary to public policy and void. The tenant shall recover from the landlord treble actual
and consequential damages or $1,000, whichever is greater, and reasonable attorney fees,
for a violation of this section.
new text end
Sec. 106.
new text begin
[504B.2139] KOSKINEN ACT REMEDIES FOR TENANT.
new text end
new text begin Subdivision 1. new text end
new text begin Termination. new text end
new text begin
A residential tenant or the authorized representative of the
tenant may terminate the lease prior to the expiration of the lease in the manner provided
in subdivision 2 if the landlord violates sections 299C.66 to 299C.71.
new text end
new text begin Subd. 2. new text end
new text begin Notice. new text end
new text begin
When the conditions in subdivision 1 have been met, the tenant or the
tenant's authorized representative may terminate the lease by providing at least 14 days
written notice to be effective on the last day of a calendar month. The notice must be either
hand-delivered or mailed by postage prepaid, first class mail.
new text end
new text begin Subd. 3. new text end
new text begin Enforcement. new text end
new text begin
A residential tenant may enforce the provisions of sections
299C.66 to 299C.71 in actions under 504B.281 to 504B.371, 504B.381, 504B.385, and
504B.395 to 504B.471, and other civil actions.
new text end
new text begin Subd. 4. new text end
new text begin Waiver prohibited. new text end
new text begin
The requirements of this section may not be waived or
modified by the parties to a residential lease. Any provision, whether oral or written, of a
lease or other agreement by which any provision of this section is waived by a tenant is
contrary to public policy and void. The tenant shall recover from the landlord treble actual
and consequential damages or $1,000, whichever is greater, and reasonable attorney fees,
for a violation of this section.
new text end
Sec. 107.
new text begin
[504B.214] METHODS OF PAYMENT OF RENT.
new text end
new text begin
(a) A landlord shall accept payment of rent in cash and certified funds in addition to any
other method of payment.
new text end
new text begin
(b) A landlord who accepts payment of rent via an Internet or phone application-based
payment portal may not block, rescind, or otherwise interfere with a tenant's access to such
portal.
new text end
new text begin
(c) If a landlord accepts payment of rent by mail or any electronic payment method, rent
shall be credited as paid on the date of dispatch of the rent by mail or electronic payment.
new text end
new text begin
(d) A landlord or any party authorized to collect rent for the landlord may not charge a
fee or surcharge to accept rent via any specific method of payment.
new text end
new text begin
(e) The requirements of this section may not be waived or modified by the parties to a
residential lease. Any provision, whether oral or written, of a lease or other agreement by
which any provision of this section is waived by a tenant is contrary to public policy and
void. The tenant shall recover from the landlord treble actual and consequential damages
or $1,000, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end
Sec. 108.
new text begin
[504B.2142] NO WINTER MOVE OUT PROHIBITION.
new text end
new text begin
(a) No lease or rental agreement can prohibit a tenant from giving otherwise proper
written notice that terminates a tenancy during the months of October through March of
any year.
new text end
new text begin
(b) No lease or rental agreement may require a longer period for notice given during a
specific month, span of months, or any subdivision of the calendar year.
new text end
new text begin
(c) Any provision, whether oral or written, of a lease or other agreement by which any
provision of this section is waived by a tenant is contrary to public policy and void. The
tenant shall recover from the landlord treble actual and consequential damages or $1,000,
whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end
Sec. 109.
new text begin
[504B.2143] PROSPECTIVE TENANT RIGHT TO VIEW DWELLING.
new text end
new text begin
The landlord must notify a prospective tenant of their option to view the dwelling that
the landlord intends to rent to the tenant. At the request of the prospective tenant, the landlord
shall allow the prospective tenant to visit the dwelling before leasing the dwelling to the
prospective tenant. If the prospective tenant cannot visit the dwelling in person, at the request
of the prospective tenant, the landlord shall allow the prospective tenant to remotely and
electronically view the dwelling before leasing the dwelling to the prospective tenant. Any
agreement by which any provision of this section is waived by a tenant is contrary to public
policy and void. The tenant shall recover from the landlord treble actual and consequential
damages or $1,000, whichever is greater, and reasonable attorney fees, for a violation of
this section.
new text end
Sec. 110. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 504B.121; 504B.161, subdivision 6; 504B.173,
subdivisions 2, 3, and 4; 504B.175, subdivisions 2, 3, and 4; 504B.178, subdivisions 8 and
11; 504B.181, subdivision 5; 504B.195, subdivisions 2, 3, and 4; 504B.265, subdivision 4;
504B.285, subdivisions 3 and 4; 504B.355; 504B.385, subdivisions 2, 7, and 10; and
504B.445, subdivision 8,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2023 Supplement, section 504B.178, subdivision 4,
new text end
new text begin
are repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 24-05734
504B.121 TENANT MAY NOT DENY TITLE; EXCEPTION.
A tenant in possession of real property under a lawful lease may not deny the landlord's title in an action brought by the landlord to recover possession of the property. This prohibition does not apply to a tenant who, prior to entering into the lease, possessed the property under a claim of title that was adverse or hostile to that of the landlord.
504B.161 COVENANTS OF LANDLORD OR LICENSOR.
Subd. 6.
Application.
The provisions of this section apply only to leases or licenses of residential premises concluded or renewed on or after June 15, 1971. For the purposes of this section, estates at will shall be deemed to be renewed at the commencement of each rental period.
504B.173 APPLICANT SCREENING FEE.
Subd. 2.
Return of applicant screening fee.
(a) The landlord must return the applicant screening fee if:
(1) the applicant is rejected for any reason not listed in the disclosure required under subdivision 3; or
(2) a prior applicant is offered the unit and agrees to enter into a rental agreement.
(b) If the landlord does not perform a personal reference check or does not obtain a consumer credit report or tenant screening report, the landlord must return any amount of the applicant screening fee that is not used for those purposes.
(c) The applicant screening fee may be returned by mail, may be destroyed upon the applicant's request if paid by check, or may be made available for the applicant to retrieve.
Subd. 3.
Disclosures to applicant.
If a landlord accepts an applicant screening fee from a prospective tenant, the landlord must:
(1) disclose in writing prior to accepting the applicant screening fee:
(i) the name, address, and telephone number of the tenant screening service the landlord will use, unless the landlord does not use a tenant screening service; and
(ii) the criteria on which the decision to rent to the prospective tenant will be based; and
(2) notify the applicant within 14 days of rejecting a rental application, identifying the criteria the applicant failed to meet.
Subd. 4.
Remedies.
(a) In addition to any other remedies, a landlord who violates this section is liable to the applicant for the applicant screening fee plus a civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy.
(b) A prospective tenant who provides materially false information on the application or omits material information requested is liable to the landlord for damages, plus a civil penalty of up to $500, civil court filing costs, and reasonable attorney fees.
504B.175 PRELEASE DEPOSIT.
Subd. 2.
Limitations.
(a) A prelease deposit may be accepted only if the landlord and prospective tenant enter into a conspicuous written agreement that includes:
(1) the circumstances under which it will be returned; and
(2) that the landlord is required to return the prelease deposit within seven days of the occurrence of a circumstance described in clause (1).
(b) "Return" means postmarked within seven days except that upon the prospective tenant's request, a landlord may destroy the payment or hold it for retrieval by the tenant instead of returning it by mail.
Subd. 3.
Application on entry into rental agreement.
If a prospective tenant and landlord do enter into a rental agreement, the prelease deposit must be applied to that tenant's security deposit or rent.
Subd. 4.
Remedies.
In addition to any other remedies, a landlord who violates this section is liable to the payor of the prelease deposit for the amount of the deposit paid, plus one-half of that amount as a penalty. A landlord who enters into a rental agreement with a tenant is not liable under this section unless the landlord failed to comply with subdivision 3.
504B.178 INTEREST ON SECURITY DEPOSITS; WITHHOLDING SECURITY DEPOSITS; DAMAGES; LIMIT ON WITHHOLDING LAST MONTH'S RENT.
Subd. 4.
Damages.
Any landlord who fails to:
(1) provide a written statement within three weeks of termination of the tenancy;
(2) provide a written statement within five days of the date when the tenant leaves the building or dwelling due to the legal condemnation of the building or dwelling in which the tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant;
(3) transfer or return a deposit as required by subdivision 5; or
(4) provide the tenant with notice for an initial inspection and move-out inspection as required by section 504B.182, and complete an initial inspection and move-out inspection when requested by the tenant,
after receipt of the tenant's mailing address or delivery instructions, as required in subdivision 3, is liable to the tenant for damages in an amount equal to the portion of the deposit withheld by the landlord and interest thereon as provided in subdivision 2, as a penalty, in addition to the portion of the deposit wrongfully withheld by the landlord and interest thereon.
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, 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, 581, or 582, 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.
Subd. 11.
Tenancies after July 1, 1973.
The provisions of this section shall apply only to tenancies commencing or renewed on or after July 1, 1973. For the purposes of this section, estates at will shall be deemed to be renewed at the commencement of each rental period.
504B.181 LANDLORD OR AGENT DISCLOSURE.
Subd. 5.
Notice to landlord.
Any residential tenant who moves from or subleases the premises without giving the landlord at least 30 days written notice shall void any provision of this section as to that tenant.
504B.195 DISCLOSURE REQUIRED FOR OUTSTANDING INSPECTION AND CONDEMNATION ORDERS.
Subd. 2.
Penalty.
If the landlord, agent, or person acting under the landlord's direction or control violates this section, the tenant is entitled to remedies provided by section 8.31, subdivision 3a, and other equitable relief as determined by the court.
Subd. 3.
Exception.
A landlord, agent, or person acting under the landlord's direction or control is not in violation of this section if:
(1) the landlord, agent, or person acting under the landlord's direction or control has received only an initial order to repair;
(2) the time allowed to complete the repairs, including any extension of the deadline, has not yet expired, or less than 60 days has elapsed since the expiration date of repair orders and any extension or no citation has been issued; or
(3) the landlord, agent, or person acting under the landlord's direction or control completes the repairs within the time given to repair, including any extension of the deadline.
Subd. 4.
Landlord's defense.
It is an affirmative defense in an action brought under this section for the landlord, agent, or person acting under the landlord's control to prove that disclosure was made as required under subdivision 1.
504B.265 TERMINATION OF LEASE UPON DEATH OF TENANT.
Subd. 4.
Applicability.
The provisions of this section apply to leases entered into or renewed after May 12, 1981.
504B.285 EVICTION ACTIONS; GROUNDS; RETALIATION DEFENSE; COMBINED ALLEGATIONS.
Subd. 3.
Rent increase as penalty.
In any proceeding for the recovery of premises upon the ground of nonpayment of rent, it is a defense if the tenant establishes by a preponderance of the evidence that the plaintiff increased the tenant's rent or decreased the services as a penalty in whole or part for any lawful act of the tenant as described in subdivision 2, providing that the tenant tender to the court or to the plaintiff the amount of rent due and payable under the tenant's original obligation.
Subd. 4.
Nonlimitation of landlord's rights.
Nothing contained in subdivisions 2 and 3 limits the right of the landlord pursuant to the provisions of subdivision 1 to terminate a tenancy for a violation by the tenant of a lawful, material provision of a lease or contract, whether written or oral, or to hold the tenant liable for damage to the premises caused by the tenant or a person acting under the tenant's direction or control.
504B.355 FORM OF VERDICT.
The verdict of the jury or the finding of the court in favor of the plaintiff in an eviction action shall be substantially in the following form:
At a court held at ....., on the ..... day of ....., year ....., before ....., a judge in and for the county of ..... in an action between ....., plaintiff, and ....., defendant, the jury (or, if the action be tried without a jury, the court) find that the facts alleged in the complaint are true, and the plaintiff shall recover possession of the premises and the defendant(s) shall vacate the premises immediately.
.....................
If the verdict or finding is for the defendant, it shall be sufficient to find that the facts alleged in the complaint are not true.
504B.385 RENT ESCROW ACTION TO REMEDY VIOLATIONS.
Subd. 2.
Counterclaim for possession.
(a) The landlord may file a counterclaim for possession of the property in cases where the landlord alleges that the residential tenant did not deposit the full amount of rent with the court administrator.
(b) The court must set the date for a hearing on the counterclaim not less than seven nor more than 14 days from the day of filing the counterclaim. If the rent escrow hearing and the hearing on the counterclaim for possession cannot be heard on the same day, the matters must be consolidated and heard on the date scheduled for the hearing on the counterclaim.
(c) The contents of the counterclaim for possession must meet the requirements for a complaint under section 504B.321.
(d) The landlord must serve the counterclaim as provided in section 504B.331, except that the affidavit of service or mailing may be brought to the hearing rather than filed with the court before the hearing.
(e) The court must provide a simplified form for use under this section.
Subd. 7.
Release of rent prior to hearing.
If the residential tenant gives written notice to the court administrator that the violation has been remedied, the court administrator must release the rent to the landlord and, unless the hearing has been consolidated with another action, must cancel the hearing. If the residential tenant and the landlord enter into a written agreement signed by both parties apportioning the rent between them, the court administrator must release the rent in accordance with the written agreement and cancel the hearing.
Subd. 10.
Release of rent after hearing.
If the court finds, after a hearing on the matter has been held, that no violation exists in the building or that the residential tenant did not deposit the full amount of rent due with the court administrator, it shall order the immediate release of the rent to the landlord. If the court finds that a violation existed, but was remedied between the commencement of the action and the hearing, it may order rent abatement and must release the rent to the parties accordingly. Any rent found to be owed to the residential tenant must be released to the tenant.
504B.445 ADMINISTRATOR.
Subd. 8.
Dwelling's economic viability.
In considering whether to grant the administrator funds under subdivision 4, the court must consider factors relating to the long-term economic viability of the dwelling, including:
(1) the causes leading to the appointment of an administrator;
(2) the repairs necessary to bring the property into code compliance;
(3) the market value of the property; and
(4) whether present and future rents will be sufficient to cover the cost of repairs or rehabilitation.