Minnesota Legislature
SF 1034
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am
Current Version - as introduced
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A bill for an act
relating to landlord and tenant; modifying provisions governing expungement
of eviction records; requiring landlords to provide receipt for rent paid with
cash; modifying tenant rights to possession; amending Minnesota Statutes 2008,
sections 484.014, subdivision 2, by adding subdivisions; 504B.285, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 504B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 484.014, subdivision 2, is amended to read:
Subd. 2.
Discretionary expungement.
The court may order expungement of an
eviction case court file deleted text begin only upon motion of a defendant and decision by the court,deleted text end if the
court finds that the plaintiff's case is sufficiently without basis in fact or law, which may
include lack of jurisdiction over the case, that expungement is clearly in the interests of
justice and those interests are not outweighed by the public's interest in knowing about
the recordnew text begin ; or that the defendant prevailed in the action; or that the parties have agreed to
expungement; or that there is a change in circumstances for the defendant which indicates
that the eviction case is not a reasonable predictor of future tenant behaviornew text end .
Sec. 2.
Minnesota Statutes 2008, section 484.014, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Destroyed court files. new text end
new text begin
If the court has destroyed the court file of an
eviction case, there is a rebuttable presumption in favor of expungement.
new text end
Sec. 3.
Minnesota Statutes 2008, section 484.014, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Hearing on motion. new text end
new text begin
If the defendant requests expungement when the
eviction case is pending, the court shall rule on the request at the hearing on the eviction
following the ruling on the eviction, unless there is good cause to hear it at a later time. A
motion to expunge under this subdivision is available exclusively for the eviction case
that is pending.
new text end
Sec. 4.
new text begin
[504B.118] RECEIPT FOR RENT.
new text end
new text begin
A landlord receiving rent or other payment from a tenant by cash or money order
shall:
new text end
new text begin
(1) provide a written receipt for payment immediately upon receipt if the payment is
made in person; or
new text end
new text begin
(2) provide a written receipt by mail or personal delivery within five business days
of receipt if the payment is made by mail.
new text end
new text begin
For the purposes of this section, payment left in a designated drop box is considered
to be payment made by mail.
new text end
Sec. 5.
Minnesota Statutes 2008, 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; or
(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
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 was a tenant
during the redemption or termination perioddeleted text begin , the person entered into thedeleted text end new text begin under a new text end lease of
any duration new text begin and the lease began new text end after the date deleted text begin of the notice ofdeleted text end new text begin the new text end mortgage deleted text begin foreclosuredeleted text end or
contract for deed deleted text begin cancellation anddeleted text end new text begin was executed but new text end prior to the expiration of the time for
redemption or termination, and the person has received:
(A) at least two months' written 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 two months' written 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.