HF 4440

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 04:54pm

A bill for an act
relating to civil law; requiring landlords to provide just cause for terminating
tenancy; proposing coding for new law in Minnesota Statutes, chapter 504B.

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

Section 1.

new text begin [504B.277] TERMINATING THE TENANCY; JUST CAUSE REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Just cause required. new text end

new text begin A landlord must not issue a notice terminating a
tenancy or refuse to renew a lease unless the landlord establishes one or more of the grounds
for termination described in subdivisions 2 to 10. The landlord must provide the tenant with
sufficient written notice consistent with the lease requirements but not less than a full rental
period or in compliance with section 504B.135, describing the reason for terminating the
tenancy.
new text end

new text begin Subd. 2. new text end

new text begin Nonpayment of rent. new text end

new text begin The tenant fails to cure the deficiency after receiving a
nonpayment notice from the landlord, and the landlord does not pursue a valid nonpayment
eviction action under section 504B.291, subdivision 1, paragraph (a), but decides to terminate
the tenancy at the end of the lease.
new text end

new text begin Subd. 3. new text end

new text begin Repeated late payment of rent. new text end

new text begin The tenant repeatedly makes late payments
of rent, at least five times in a 12-month period. The landlord must provide the tenant with
notice following a late payment that a subsequent late payment may be grounds for
termination of the tenancy.
new text end

new text begin Subd. 4. new text end

new text begin Material breach. new text end

new text begin After receiving a written notice to cease from the landlord,
the tenant continues, or fails to cure the deficiency, to a material breach of the lease.
new text end

new text begin Subd. 5. new text end

new text begin Refusal to renew. new text end

new text begin The tenant refuses to renew or extend the lease after the
landlord requests in writing that the tenant renew or extend the lease.
new text end

new text begin Subd. 6. new text end

new text begin Occupancy by landlord or family member. new text end

new text begin The landlord, in good faith, seeks
to recover possession of the rental unit so that the landlord or a family member may occupy
the unit as that individual's principal residence.
new text end

new text begin Subd. 7. new text end

new text begin Withdrawal from market; building demolishment and dwelling unit
conversion. new text end

new text begin (a) A landlord who wishes to withdraw the property from the residential rental
market must:
new text end

new text begin (1) file a notice of intent to withdraw with the commissioner of the Minnesota Housing
Finance Agency;
new text end

new text begin (2) must provide tenants with 180-day notice prior to the termination of the tenancy;
and
new text end

new text begin (3) provide one month's rent as a relocation fee to the tenant 30 days prior to withdrawal.
new text end

new text begin If the landlord offers the units for rent within five years, the commissioner, the attorney
general, or the tenant may sue for damages and attorney fees on behalf of removed residents.
new text end

new text begin (b) Provided that the landlord complies with chapter 515B where applicable and obtains
the necessary permits before terminating the tenancy, the landlord elects to demolish the
building, convert it to a cooperative, or convert it to nonresidential use; the landlord seeks,
in good faith, to recover the unit to sell it in accordance with a condominium conversion;
or the rental unit is being converted to a unit subsidized under a local, state, or federal
housing program and the tenant does not qualify to rent the unit under that program.
new text end

new text begin Subd. 8. new text end

new text begin Rehabilitation and renovation. new text end

new text begin The landlord seeks, in good faith, to recover
possession of the dwelling unit that will render the unit uninhabitable for the duration of
the rehabilitation or renovation.
new text end

new text begin Subd. 9. new text end

new text begin Complying with government order to vacate. new text end

new text begin The landlord is complying
with a government agency's order to vacate, order to abate, or any other order that necessitates
vacating the dwelling unit.
new text end

new text begin Subd. 10. new text end

new text begin Occupancy conditioned on employment. new text end

new text begin The tenant's occupancy is
conditioned upon employment on the property and the employment relationship is terminated.
new text end

new text begin Subd. 11. new text end

new text begin Lease amendments. new text end

new text begin Nothing in this section alters the landlord and tenant's
ability to amend the terms of a lease as otherwise allowed by law.
new text end