SF 2448

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/27/2024 09:36am

A bill for an act
relating to housing; providing tenants with a right to repair violations in a residential
rental unit; requiring a notice; permitting a tenant to make deductions from rent;
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.386] TENANT RIGHT TO REPAIR TO REMEDY VIOLATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Right to repair. new text end

new text begin In lieu of a rent escrow action under section 504B.385,
a tenant may pay for the repairs in a residential rental unit after notice and an opportunity
to repair has been provided to the landlord as provided in this section. The tenant may
subtract the cost of the repairs from the tenant's future rent or receive a reimbursement as
provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Noticed required. new text end

new text begin (a) Prior to contracting for repairs and paying for a repair
to the residential rental unit, the tenant must:
new text end

new text begin (1) provide a written notice to the landlord at the address where the tenant sends rent;
new text end

new text begin (2) either call or send an email communication to the landlord, if the telephone number
or email is known; and
new text end

new text begin (3) notify the landlord of the repair that is needed and of the tenant's intent to deduct the
cost of the repair from the tenant's rent.
new text end

new text begin (b) Except as provided under paragraph (c), the tenant must provide the notice required
under this subdivision at least 14 days before making any repairs.
new text end

new text begin (c) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
residential tenant must include a copy of the written notice of the code violation as provided
in section 504B.185, subdivision 2, if an inspection has occurred. The tenant must inform
the landlord of the tenant's intent to use the tenant's future rent to pay for the repairs when
the notice is provided.
new text end

new text begin (d) For a violation as defined in section 504B.001, subdivision 14, clause (2) or (3), the
tenant must include in the written notice to the landlord information specifying the violation.
new text end

new text begin Subd. 3. new text end

new text begin Tenant contracting repairs; bids; notice. new text end

new text begin (a) If the landlord has not provided
the tenant with a scheduled repair date or the violation is not corrected within 14 days of
the tenant providing written notice under subdivision 2, the tenant may contract for repairs.
A tenant may contract for repairs under the same process in this section for necessary repairs
in a common area of a residential building if the repair is necessary for the safety and
operation of the building for tenants.
new text end

new text begin (b) A tenant contracting for repairs under this section must obtain bids from two different
contractors or servicers that routinely repair or specialize in making the type of repair that
is needed and must choose the contractor or servicer with the lower bid. The tenant must
notify the landlord of each bid received within 24 hours of receiving a bid and must notify
the landlord of any scheduled repairs within 24 hours of scheduling the repair date.
new text end

new text begin Subd. 4. new text end

new text begin Deduction; reimbursement. new text end

new text begin (a) The tenant must provide a payment receipt
to the landlord before subtracting the amount paid for repairs from the rent. The tenant may
reduce the rent for each rental payment owed until the total amount of the repair has been
paid. Any deductions made by a tenant under this section is limited to an amount equal to
rent payment for two months within a 12-month period.
new text end

new text begin (b) As an alternative to a tenant's deduction of rent, a landlord may directly reimburse
the tenant for the cost of repairs listed on a payment receipt.
new text end

new text begin (c) A landlord must reimburse a tenant for any outstanding payments made by a tenant
under this section if the lease terminates before the tenant is able to deduct costs from future
rent.
new text end

new text begin (d) Notwithstanding a tenant's payment for repairs that are deducted from rent under
this subdivision, nothing in this subdivision relieves a landlord from the requirements of
United States Code, title 26, section 6041, paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Liability; rights to property. new text end

new text begin (a) A contractor or servicer who enters the
premises to make repairs under this section is liable to the landlord for any damage to
property.
new text end

new text begin (b) Any new appliance acquired pursuant to this section is the property of the landlord.
new text end

new text begin Subd. 6. new text end

new text begin Exemption. new text end

new text begin This section does not apply to emergency repairs under section
504B.381.
new text end