SF 1390

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/15/2016 08:44am

A bill for an act
relating to landlord and tenant; providing for alternative notice periods of
intention to quit; specifying residential landlord notice requirements for intention
to quit or a rent increase; amending Minnesota Statutes 2014, section 504B.206,
subdivision 3; 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.146] TIME PERIOD FOR NOTICE TO QUIT OR RENT
INCREASE.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to a residential lease that provides
a time period for the landlord to give a notice to quit the premises or a notice of a rent
increase that is different than the time period the tenant is required to give for a notice
of intention to quit the premises. For purposes of this section, "notice to quit" includes a
notice of a nonrenewal of a lease.
new text end

new text begin Subd. 2. new text end

new text begin Tenant option to choose notice period. new text end

new text begin The tenant may give a notice of
an intention to quit the premises using either:
new text end

new text begin (1) the time period provided in the lease for the tenant to give a notice of intention
to quit the premises; or
new text end

new text begin (2) the time period provided in the lease for the landlord to give a notice to quit
the premises or a notice of a rent increase.
new text end

new text begin Subd. 3. new text end

new text begin Landlord notice requirements. new text end

new text begin The landlord may not give a notice to
quit the premises or notice of a rent increase that is shorter than the time period the lease
provides for the tenant to give notice of an intention to quit the premises.
new text end

new text begin Subd. 4. new text end

new text begin No waiver. new text end

new text begin The requirements of this section may not be waived or
modified by the parties to a residential lease. Any provision, whether oral or written, of a
lease or other agreement by which any provision of this section is waived by a tenant is
contrary to public policy and void.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to leases entered into or renewed on
or after August 1, 2016.
new text end

Sec. 2.

Minnesota Statutes 2014, section 504B.206, subdivision 3, is amended to read:

Subd. 3.

Liability for rent; termination of tenancy.

(a) A tenant who is a sole
tenant and is terminating a lease under subdivision 1 is responsible for the rent payment
for the full month in which the tenancy terminates. The tenant forfeits all claims for
the return of the security deposit under section 504B.178 and 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. In a sole tenancy, the tenancy terminates on
the date specified in the notice provided to the landlord as required under subdivision 1.

(b) In a tenancy with multiple tenants, one of whom is terminating the lease under
subdivision 1, any lease governing all tenants is terminated at the deleted text begin latter deleted text end new text begin later new text end of the end of
the month or the end of the rent interval in which one tenant terminates the lease under
subdivision 1. All tenants are responsible for the rent payment for the full month in which
the tenancy terminates. 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. Any tenant whose tenancy was terminated under this
paragraph may reapply to enter into a new lease with the landlord.

(c) 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.