SF 2616

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; requiring landlords 
  1.3             to notify tenants if a rental unit may have been the 
  1.4             site of unlawful controlled substance manufacture; 
  1.5             providing a remedy for tenants who do not receive such 
  1.6             notice; requiring law enforcement to notify landlords 
  1.7             of certain controlled substance law enforcement 
  1.8             activity; proposing coding for new law in Minnesota 
  1.9             Statutes, chapters 152, 504B. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [152.0251] [PEACE OFFICER NOTICE TO PROPERTY 
  1.12  OWNER.] 
  1.13     If a peace officer arrests an individual for a violation of 
  1.14  section 152.021, subdivision 2a, or has probable cause to 
  1.15  believe that a violation of that provision has occurred on 
  1.16  residential property, the peace officer must, within two 
  1.17  business days, provide written notice of the action to the owner 
  1.18  of the property.  Notice must be mailed to the property owner of 
  1.19  record with the county assessor.  Notice is deemed received five 
  1.20  days after it is mailed. 
  1.21     Sec. 2.  [504B.1715] [NOTICE TO TENANT OF CONTROLLED 
  1.22  SUBSTANCE MANUFACTURE.] 
  1.23     If a landlord receives a notice from law enforcement under 
  1.24  section 152.0251 regarding manufacture of a controlled substance 
  1.25  in a residential building owned by the landlord, the landlord on 
  1.26  and after the date notice is received, must provide a copy of 
  1.27  the notice to any prospective tenant of a residential unit on 
  2.1   the premises.  In addition, if remediation of the site has 
  2.2   occurred, the landlord may provide a prospective tenant with 
  2.3   documentation from a drug laboratory site remediation firm.  If 
  2.4   the landlord fails to provide the notice required by this 
  2.5   section, the tenant may void the lease at any time.