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HF 3476

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to landlord and tenant; providing for certain notices relating to
foreclosure; amending Minnesota Statutes 2006, sections 504B.151; 504B.178,
subdivision 8; 504B.285, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 504B.151, is amended to read:


504B.151 RESTRICTION ON RESIDENTIAL LEASE TERMS FOR
BUILDINGS IN FINANCIAL DISTRESSnew text begin; REQUIRED NOTICE OF PENDING
FORECLOSURE
new text end.

new text begin Subdivision 1. new text end

new text begin Limitation on lease and notice to tenant. new text end

new text begin(a) new text endOnce a landlord
has received notice of a contract for deed cancellation under section 559.21 or notice of
a mortgage foreclosure sale under chapter 580 or 582, the landlord may new text beginonly new text endenter into
new text begin (i) new text enda periodic residential lease agreement with a term of new text beginnot more than new text endtwo months or
new text begin the time remaining in the contract cancellation period or the mortgagor's redemption
period, whichever is
new text endless or new text begin(ii) new text enda 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.

new text begin (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.
new text end

new text begin (c) new text endThis section does not apply to a manufactured home park as defined in section
327C.01, subdivision 5.

new text begin Subd. 2. new text end

new text begin Exception allowing a longer term lease. new text end

new text begin This section does not apply if:
new text end

new text begin (1) the holder or the mortgagee agrees not to terminate the tenant's lease other than
for lease violations for at least one year from the commencement of the tenancy; and
new text end

new text begin (2) the lease does not require the tenant to prepay rent for any month commencing
after the end of the cancellation or redemption period, so that the rent payment would be
due prior to the end of the cancellation or redemption period.
new text end

new text begin For the purposes of this section, a holder means a contract for deed vendor or a
holder of the sheriff's certificate of sale or any assignee of the contract for deed vendor or
of the holder of the sheriff's certificate of sale.
new text end

new text begin Subd. 3. new text end

new text begin Transfer of tenancy. new text end

new text begin (a) A tenant who enters into a lease under subdivision
2 is:
new text end

new text begin (1) deemed by operation of law to become the tenant of the holder immediately upon
the holder succeeding to the interest of the landlord under the lease; and
new text end

new text begin (2) bound to the holder under all the provisions of the lease for either the balance of
the lease term or for one year after the start of the tenancy, whichever occurs first.
new text end

new text begin (b) A tenant who becomes the tenant of the holder under this subdivision is not
obligated to pay rent to the holder until the holder mails, by first class mail to the tenant at
the property address, written notice that the holder has succeeded to the interest of the
landlord. A letter from the holder to the tenant to that effect is prima facie evidence that
the holder has succeeded to the interest of the landlord.
new text end

new text begin Subd. 4. new text end

new text begin Holder not bound by certain acts. new text end

new text begin A holder succeeding to an interest in a
lease lawfully entered into under subdivision 2 is not: (1) liable for any act or omission
of any prior landlord; (2) subject to any offset or defense which the tenant had against
any prior landlord; or (3) bound by any modification of the lease entered into under
subdivision 2, unless the modification is made with the holder's consent.
new text end

Sec. 2.

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


Subd. 8.

Withholding rent.

No tenant may withhold payment of all or any portion
of rent for the last payment period of a residential rental agreement, except an oral or
written month to month residential rental agreement concerning which neither the tenant
nor landlord has served a notice to quit, new text beginor for the last month of a contract for deed
cancellation period under section 559.21 or a mortgage foreclosure redemption period
under chapter 580 or 582,
new text endon 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.

Sec. 3.

Minnesota Statutes 2006, section 504B.285, subdivision 1, is amended to read:


Subdivision 1.

Grounds.

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;new text begin or
new text end

(ii) deleted text beginon foreclosure of a mortgage anddeleted text endnew text begin after thenew text end expiration of the time for redemptiondeleted text begin;deleted text endnew text begin
on foreclosure of a mortgage,
new text end or

deleted text begin (iii)deleted text end after termination of contract to convey the property, provided that if the person
holding the real property after the expiration of the time for redemption or termination
deleted text begin isdeleted text endnew text begin wasnew text end a tenantnew text begin during the redemption or termination periodnew text end, the person new text beginentered into the
lease of any duration after the date of the notice of mortgage foreclosure or contract for
deed cancellation and prior to the expiration of the time for redemption or termination,
and the person
new text endhas received:

(A) at least deleted text beginone month'sdeleted text end new text begintwo months' new text endwritten notice to vacate no sooner than one
month after the expiration of the time for redemption or termination, provided that the
tenant pays the rent and abides by all terms of the lease; or

(B) at least deleted text beginone month'sdeleted text end new text begintwo months' new text endwritten notice to vacate no later than the date of
the expiration of the time for redemption or termination, which notice shall also state that
the sender will hold the tenant harmless for breaching the lease by vacating the premises
if the mortgage is redeemed or the contract is reinstated;

(2) 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
possession, contrary to the conditions or covenants of the lease or agreement under which
that person holds, or 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.