SF 1185

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to real property; providing for waiver of storage of abandoned property;
amending Minnesota Statutes 2008, section 504B.271, subdivisions 1, 2, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 504B.271, subdivision 1, is amended to
read:

Subdivision 1.

Abandoned property.

If a tenant abandons rented premises, the
landlord may take possession of the tenant's personal property remaining on the premises,
and shall store and care for the property. The landlord has a claim against the tenant for
reasonable costs and expenses incurred in removing the tenant's property and in storing
and caring for the property.

The landlord may sell or otherwise dispose of the property 60 days after the landlord
receives actual notice of the abandonment, or 60 days after it reasonably appears to the
landlord that the tenant has abandoned the premises, whichever occurs last, and may apply
a reasonable amount of the proceeds of the sale to the removal, care, and storage costs
and expenses or to any claims authorized pursuant to section 504B.178, subdivision 3,
paragraphs (a) and (b). Any remaining proceeds of any sale shall be paid to the tenant
upon written demand.

Prior to the sale, the landlord shall make reasonable efforts to notify the tenant of the
sale deleted text begin at least 14 days prior to the sale, deleted text end by personal service in writing or sending written
notification of the sale by certified mail, return receipt requested, to the tenant's last known
address or usual place of abode, if known by the landlord, and by posting notice of the sale
in a conspicuous place on the premises deleted text begin for at least two weeks deleted text end .

Sec. 2.

Minnesota Statutes 2008, section 504B.271, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Waiver of storage of abandoned property. new text end

new text begin Prior to executing a lease
agreement, the landlord must provide, and the prospective tenant may sign, a waiver of
the tenant's right to 60 days' storage of their abandoned property by the landlord. This
waiver must be part of the lease agreement, written in conspicuous typeface, explaining
that the landlord will be under no obligation to store the tenant's abandoned property for
any amount of time following the end of the tenant's lease term, and may proceed with
a sale or other disposal of the property. Tenants acknowledge and agree to this waiver
provision by affixing their initials or signature to it. If the landlord decides to sell the
abandoned property, the landlord must provide notice of the sale in the same manner
provided in subdivision 1, and may apply a reasonable amount of the proceeds of the sale
to the removal, care, and storage costs and expenses, or to any claims authorized pursuant
to section 504B.178, subdivision 3, paragraphs (a) and (b).
new text end

Sec. 3.

Minnesota Statutes 2008, section 504B.271, subdivision 2, is amended to read:

Subd. 2.

Landlord's punitive damages.

If a landlord, an agent, or other person
acting under the landlord's direction or control, in possession of a tenant's personal
property, fails to allow the tenant to retake possession of the property within 24 hours after
written demand by the tenant or the tenant's duly authorized representative or within
48 hours, exclusive of weekends and holidays, after written demand by the tenant or a
duly authorized representative when the landlord, the landlord's agent or person acting
under the landlord's direction or control has removed and stored the personal property
in accordance with subdivision 1 in a location other than the premises, the tenant shall
recover from the landlord punitive damages not to exceed $300 in addition to actual
damages and reasonable attorney's fees.

In determining the amount of punitive damages the court shall consider (1) the
nature and value of the property; (2) the effect the deprivation of the property has had
on the tenant; (3) if the landlord, an agent, or other person acting under the landlord's
direction or control unlawfully took possession of the tenant's property; and (4) if the
landlord, an agent, or other person under the landlord's direction or control acted in bad
faith in failing to allow the tenant to retake possession of the property.

The provisions of this subdivision do not apply to personal property which has been
sold or otherwise disposed of by the landlord in accordance with subdivision 1 new text begin or 1a new text end , or to
landlords who are housing authorities, created, or authorized to be created by sections
469.001 to 469.047, and their agents and employees, in possession of a tenant's personal
property, except that housing authorities must allow the tenant to retake possession of the
property in accordance with this subdivision.