SF 771

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 09/03/2014 09:18am

A bill for an act
relating to housing; providing for termination of a lease by a victim of violence;
amending Minnesota Statutes 2012, sections 504B.171, subdivision 1; 504B.206;
504B.285, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 504B.171, subdivision 1, is amended to
read:

Subdivision 1.

Terms of covenant.

new text begin (a) new text end 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) unlawfully allow controlled substances in those premises or in the common
area and curtilage of the premises;

(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; and

(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 152. The covenant
is not violated when a person other than the landlord or licensor or the tenant or licensee
possesses or allows controlled substances in the premises, common area, or curtilage,
unless the landlord or licensor or the tenant or licensee knew or had reason to know of
that activity.

new text begin (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
an authorized occupant.
new text end

Sec. 2.

Minnesota Statutes 2012, section 504B.206, is amended to read:

504B.206 RIGHT OF VICTIMS OF deleted text begin DOMESTIC ABUSE deleted text end new text begin VIOLENCE new text end TO
TERMINATE LEASE.

Subdivision 1.

Right to terminate; procedure.

(a) deleted 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 minor children if the tenant or the tenant's minor children remain in the leased
premises may terminate a lease agreement without penalty or liability as provided in this
section. The tenant must provide advance written notice to the landlord stating that:
deleted text end

deleted text begin (1) the tenant fears imminent domestic abuse from a person named in an order
for protection or no contact order;
deleted text end

deleted text begin (2) the tenant needs to terminate the tenancy; and
deleted text end

deleted text begin (3) the specific date the tenancy will terminate. deleted text end new text begin A tenant to a residential lease
may terminate a lease agreement in the manner provided in this section without penalty
or liability, if the tenant or another authorized occupant fears imminent violence after
being subjected to:
new text end

new text begin (1) domestic abuse, as defined in section 518B.01, subdivision 2;
new text end

new text begin (2) criminal sexual conduct under sections 609.342 to 609.3451; or
new text end

new text begin (3) stalking under section 609.749, subdivision 1.
new text end

new text begin (b) The tenant must provide signed and dated advance written notice to the landlord:
new text end

new text begin (1) stating the tenant fears imminent violence against the tenant or an authorized
occupant if the tenant or authorized occupant remains in the leased premises, as indicated
in a qualifying document;
new text end

new text begin (2) stating that the tenant needs to terminate the tenancy;
new text end

new text begin (3) providing the date by which the tenant will vacate; and
new text end

new text begin (4) providing written instructions for the disposition of any remaining personal
property in accordance with section 504B.271.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The written notice must be delivered before the termination of the tenancy by
mail, fax, or in person, and be accompanied by deleted text begin the order for protection or no contact order
deleted text end new text begin a qualifying document new text end .

deleted text begin (c) For purposes of this section, an order for protection means an order issued under
chapter 518B. A no contact order means a no contact order currently in effect, issued
under section 629.75 or chapter 609.
deleted text end

new text begin (d) The landlord may request that the tenant disclose the name of the perpetrator
and, if a request is made, inform the tenant that the landlord seeks disclosure to determine
whether the perpetrator is an existing or former tenant or an employee or contractor of the
landlord and to protect other tenants in the building. The tenant may decline to provide
the name of the perpetrator for safety reasons. Disclosure must not be a precondition
of terminating the lease.
new text end

new text begin (e) The tenancy terminates, including the right of possession of the premises, as
provided in subdivision 3.
new text end

Subd. 2.

Treatment of information.

new text begin (a) new text end A landlord must not disclose new text begin :
new text end

new text begin (1) new text end information provided to the landlord by a tenant deleted text begin documenting domestic abuse deleted text end new text begin in
the written notice required new text end under subdivision 1 new text begin , paragraph (b);
new text end

new text begin (2) information contained in the qualifying document;
new text end

new text begin (3) the address or location to which the tenant has relocated; or
new text end

new text begin (4) the status of the tenant as a victim of violence new text end .

new text begin (b) new text end The information new text begin described in paragraph (a) new text end must not be entered into any shared
database or provided to any person or entity but may be used when required as evidence in
an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims
under section 504B.178, with the consent of the tenant, or as otherwise required by law.

Subd. 3.

Liability for rent; termination of tenancy.

(a) A tenant new text begin who is a sole
tenant and is new text end terminating a lease under subdivision 1 is responsible for the rent payment
for the full month in which the tenancy terminates deleted text begin and an additional amount equal to one
month's rent deleted text end . The tenant new text begin forfeits all claims for the return of the security deposit under
section 504B.178, and new text end is relieved of any other contractual obligation for payment of rent
or any other charges for the remaining term of the lease, except as provided in this section.
new text begin In a sole tenancy, the tenancy terminates on the date specified in the notice provided to
the landlord under subdivision 1.
new text end

(b) new text begin In a tenancy with multiple tenants, a lease governing all tenants is terminated
at the latter of the end of the month or the end of the rent interval in which one tenant
terminates the lease under subdivision 1. Upon termination, all tenants forfeit all claims
for the return of the security deposit under section 504B.178 and are relieved of any other
contractual obligation for payment of rent or any other charges for the remaining term of
the lease, except as provided in this section. The landlord and remaining tenants maintain
all rights and remedies available under law and the terms of the lease until termination of
the lease. A tenant whose tenancy was terminated under this paragraph may reapply to
enter into a new lease with the landlord.
new text end

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

deleted text begin (c) The tenancy terminates, including the right of possession of the premises, on the
termination date stated in the notice under subdivision 1. The amount equal to one month's
rent must be paid on or before the termination of the tenancy for the tenant to be relieved of
the contractual obligations for the remaining term of the lease as provided in this section.
deleted text end

deleted text begin (d) For purposes of this section, the provisions of section 504B.178 are triggered
as follows:
deleted text end

deleted text begin (1) if the only tenant is the tenant who is the victim of domestic abuse and the
tenant's minor children, if any, upon the first day of the month following the later of:
deleted text end

deleted text begin (i) the date the tenant vacates the premises; or
deleted text end

deleted text begin (ii) the termination of the tenancy indicated in the written notice under subdivision
1; or
deleted text end

deleted text begin (2) if there are additional tenants bound by the lease, upon the expiration of the lease.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Multiple tenants. deleted text end

deleted text begin Notwithstanding the release of a tenant from a lease
agreement under this section, if there are any remaining tenants the tenancy continues for
those remaining tenants.
deleted text end

Subd. 5.

Waiver prohibited.

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

Subd. 6.

deleted text begin Definition deleted text end new text begin Definitions new text end .

deleted text begin For purposes of this section, "domestic abuse"
has the meaning given in section 518B.01, subdivision 2. deleted text end new text begin (a) The definitions in this
subdivision apply to this section.
new text end

new text begin (b) "Court official" means a judge, referee, court administrator, prosecutor, probation
officer, or victim's advocate, whether employed by or under contract with the court, who is
authorized to act on behalf of the court.
new text end

new text begin (c) "Qualified third party" means a person, acting in an official capacity, who has had
in-person contact with the tenant and is:
new text end

new text begin (1) a licensed health care professional operating within the scope of the license;
new text end

new text begin (2) a domestic abuse advocate, as defined in section 595.02, subdivision 1, paragraph
(l); or
new text end

new text begin (3) a sexual assault counselor, as defined in section 595.02, subdivision 1, paragraph
(k).
new text end

new text begin (d) "Qualifying document" means:
new text end

new text begin (1) a valid order for protection issued under chapter 518B;
new text end

new text begin (2) a no contact order currently in effect, issued under section 629.75 or chapter 609;
new text end

new text begin (3) a writing produced and signed by a court official or by a city, county, state, or
tribal law enforcement officer acting in an official capacity, documenting that the tenant
or authorized occupant is a victim of domestic abuse, as defined in section 518B.01,
subdivision 2, criminal sexual conduct under sections 609.342 to 609.3451, or stalking
under section 609.749, subdivision 1, and naming the perpetrator, if known; or
new text end

new text begin (4) a statement by a qualified third party, in the following form:
new text end

new text begin STATEMENT BY QUALIFIED THIRD PARTY
new text end

new text begin I, ............... (name of qualified third party), verify as follows:
new text end

new text begin 1. I am a licensed health care professional, domestic abuse advocate, as defined
in Minnesota Statutes, section 595.02, subdivision 1, paragraph (l), or sexual assault
counselor, as defined in Minnesota Statutes, section 595.02, subdivision 1, paragraph (k).
new text end

new text begin 2. I have a reasonable basis to believe ............... (name of victim(s)) is a victim/are
victims of domestic abuse, criminal sexual conduct, or stalking and fear(s) imminent
violence against the individual or authorized occupant if the individual remains (
individuals remain) in the leased premises.
new text end

new text begin 3. I understand that the person(s) listed above may use this document as a basis for
gaining a release from the lease.
new text end

new text begin Upon information and belief, the foregoing is true and correct.
new text end

new text begin ..........................
new text end

new text begin Printed Name of qualified third party
new text end

new text begin ..........................
new text end

new text begin Signature of qualified third party
new text end

new text begin ..........................
new text end

new text begin Business Address and Business Telephone
new text end

new text begin ..........................
new text end

new text begin Date
new text end

new text begin Subd. 7. new text end

new text begin Conflicts with other laws. new text end

new text begin If a federal statute, regulation, or handbook
permitting termination of a residential tenancy subsidized under a federal program
conflicts with any provision of this section, the landlord must comply with the federal
statute, regulation, or handbook.
new text end

Sec. 3.

Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to read:

Subdivision 1.

Grounds.

new text begin (a) new text end 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; or

(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
after termination of contract to convey the property;

(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.

new text begin (b) A landlord may not commence an eviction action against a tenant or authorized
occupant solely on the basis that the tenant or lawful occupant has been the victim of any
of the acts listed in section 504B.206, subdivision 1, paragraph (a). This paragraph does
not prohibit an eviction action based on a breach of the lease.
new text end