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Minnesota Legislature

Office of the Revisor of Statutes

SF 1014

as introduced - 89th Legislature (2015 - 2016) Posted on 02/24/2015 09:09am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to civil law; landlord and tenant; establishing termination of lease upon
infirmity of tenant; 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.266] TERMINATION OF LEASE UPON INFIRMITY OF
TENANT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Authorized representative" means a person acting as an attorney-in-fact under
a power of attorney under section 523.24 or a court-appointed conservator or guardian
under chapter 524.
new text end

new text begin (c) "Disability" means any condition or characteristic that is a physical, sensory, or
mental impairment that materially limits one or more major life activity.
new text end

new text begin (d) "Medical care facility" means:
new text end

new text begin (1) a nursing home, as defined in section 144A.01, subdivision 5;
new text end

new text begin (2) hospice care, as defined in section 144A.75, subdivision 8;
new text end

new text begin (3) residential hospice facility, as defined in section 144A.75, subdivision 13;
new text end

new text begin (4) boarding care, as licensed under chapter 144 and regulated by the Department of
Health under Minnesota Rules, chapter 4655;
new text end

new text begin (5) supervised living facility, as licensed under chapter 144;
new text end

new text begin (6) a facility providing assisted living, as defined in section 144G.01, subdivision 2;
new text end

new text begin (7) an accessible unit, as defined in section 363A.40, subdivision 1, paragraph (a);
new text end

new text begin (8) a facility providing a foster care for adults program as defined in section
245A.02, subdivision 6c; or
new text end

new text begin (9) a facility providing intensive residential rehabilitative mental health treatment
services as defined in section 256B.0622, subdivision 2.
new text end

new text begin (e) "Medical professional" means:
new text end

new text begin (1) a physician who is currently licensed to practice medicine under section 147.02,
subdivision 1;
new text end

new text begin (2) an advanced practice registered nurse, as defined in section 148.171, subdivision
3; or
new text end

new text begin (3) a mental health professional as defined by sections 245.462, subdivision 18,
clauses (1) to (6), and 245.4871, subdivision 27, clauses (1) to (5).
new text end

new text begin Subd. 2. new text end

new text begin Termination of lease upon infirmity of tenant. new text end

new text begin (a) A 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 3 if the tenant has, or if there is more than
one tenant, all the tenants have, been found by a medical professional to:
new text end

new text begin (1) require assistance with instrumental activities of daily living or personal
activities of daily living due to medical reasons or a disability;
new text end

new text begin (2) meet one of the nursing facility level of care criteria under section 144.0724,
subdivision 11;
new text end

new text begin (3) have a disability or functional impairment in three or more of the areas listed in
section 245.462, subdivision 11a, so that self-sufficiency is markedly reduced because of
a mental illness; or
new text end

new text begin (4) need to move into a medical care facility.
new text end

new text begin (b) When a tenant requires an accessible unit as defined in section 363A.40,
subdivision 1, and the landlord can provide an accessible unit in the same complex where
the tenant currently resides that is available within two months of the request, then the
provisions of this section do not apply and the tenant may not terminate the lease.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin When the conditions in subdivision 2 have been met, the tenant or
the tenant's authorized representative 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 United States mail. The
notice must include: (1) a copy of the medical professional's written documentation of the
infirmity; and (2) documentation showing that the tenant has been accepted as a resident or
has a pending application at a location where the medical professional has indicated that
the tenant needs to move. The termination of a lease under this section shall not relieve the
eligible tenant 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 end

new text begin Subd. 4. new text end

new text begin Waiver prohibited. new text end

new text begin Any waiver of the rights of termination provided by
this section, including lease provisions or other agreements that require a longer notice
period than those provided for in this section, shall be void and unenforceable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2016, and applies to leases
entered into or renewed on or after January 1, 2016.
new text end