HF 1841

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

A bill for an act
relating to landlord and tenant; permitting victims of domestic abuse to terminate
a lease in certain circumstances; 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.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO
TERMINATE LEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Right to terminate; procedure.
new text end

new text begin new text end

new text begin A tenant to a residential lease who is a victim of domestic abuse and fears imminent
domestic abuse against the tenant or the tenant's children by remaining in the leased
premises may terminate a lease agreement without penalty or liability, except as provided
by this section, by providing written notice to the landlord stating that the tenant fears
imminent domestic abuse and indicating the specific date the tenant intends to vacate
the premises. The written notice must be delivered by mail, fax, or in person, and be
accompanied by one of the following:
new text end

new text begin (1) an order for protection under chapter 518B; or
new text end

new text begin (2) a no contact order, currently in effect, issued under section 518B.01, subdivision
22, or chapter 609.
new text end

new text begin Subd. 2. new text end

new text begin Confidentiality of information. new text end

new text begin Information provided to the landlord by
the victim documenting domestic abuse pursuant to subdivision 1 shall be treated by the
landlord as confidential. The information may not be entered into any shared database
or provided to any entity except when required for use in an eviction proceeding, upon
the consent of the victim, or as otherwise required by law.
new text end

new text begin Subd. 3. new text end

new text begin Liability for rent; termination of tenancy. new text end

new text begin (a) A tenant terminating a
lease pursuant to subdivision 1 is responsible for one month's rent following the vacation
of the premises and is relieved of any contractual obligation for payment of rent or any
other charges for the remaining term of the lease.
new text end

new text begin (b) This section does not affect a tenant's liability for delinquent, unpaid rent or other
sums owed to the landlord before the lease was terminated by the tenant under this section.
new text end

new text begin (c) The tenancy terminates, including the right of possession of the premises, when
the tenant surrenders the keys to the premises to the landlord. The one month's rent is due
and payable on or before the date the tenant vacates the premises, as indicated in their
written notice pursuant to subdivision 1. For purposes of this section, the provisions of
section 504B.178 commence upon the first day of the month following either:
new text end

new text begin (1) the date the tenant vacates the premises; or
new text end

new text begin (2) the date the tenant pays the one month's rent, whichever occurs first.
new text end

new text begin A landlord is entitled to compensation under this subdivision only if the landlord
has actually incurred documented damages equal to at least one month's rent as a result
of the tenant's early termination of the lease agreement.
new text end

new text begin (d) The provisions of this subdivision do not apply until written notice meeting the
requirements of subdivision 1 is delivered to the landlord.
new text end

new text begin Subd. 4. new text end

new text begin Multiple tenants. new text end

new text begin Notwithstanding the release of a tenant from a lease
agreement under this section, if there are any remaining tenants residing in the premises
the tenancy shall continue for those remaining tenants. A perpetrator who has been
excluded from the premises under court order remains liable under the lease with any
other tenant of the premises for rent or damage to the premises.
new text end

new text begin Subd. 5. new text end

new text begin Waiver prohibited. new text end

new text begin A residential tenant may not waive, and a landlord
may not require the residential tenant to waive, the resident tenant's rights under this
section.
new text end

new text begin Subd. 6. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "domestic abuse" has the meaning
given in section 518B.01, subdivision 2.
new text end