SF 2743

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to landlord tenant; providing that the 
  1.3             parties to a lease or license of residential premises 
  1.4             covenant not to allow contraband in those premises; 
  1.5             amending Minnesota Statutes 1997 Supplement, section 
  1.6             504.181, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.9   504.181, subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [TERMS OF COVENANT.] In every lease or 
  1.11  license of residential premises, whether in writing or parol, 
  1.12  the lessor or licensor and the lessee or licensee covenant that: 
  1.13     (1) neither will: 
  1.14     (i) unlawfully allow controlled substances in those 
  1.15  premises or in the common area and curtilage of the premises; 
  1.16     (ii) allow prostitution or prostitution-related activity as 
  1.17  defined in section 617.80, subdivision 4, to occur on the 
  1.18  premises or in the common area and curtilage of the premises; or 
  1.19     (iii) allow the unlawful use or possession of a firearm in 
  1.20  violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
  1.21  on the premises or in the common area and curtilage of the 
  1.22  premises; or 
  1.23     (iv) allow contraband in those premises or in the common 
  1.24  area and curtilage of the premises; and 
  1.25     (2) the common area and curtilage of the premises will not 
  1.26  be used by either the lessor or licensor or the lessee or 
  2.1   licensee or others acting under the control of either to 
  2.2   manufacture, sell, give away, barter, deliver, exchange, 
  2.3   distribute, purchase, or possess a controlled substance in 
  2.4   violation of any criminal provision of chapter 152. 
  2.5      The covenant is not violated when a person other than the 
  2.6   lessor or licensor or the lessee or licensee possesses or allows 
  2.7   controlled substances in the premises, common area, or 
  2.8   curtilage, unless the lessor or licensor or the lessee or 
  2.9   licensee knew or had reason to know of that activity.  
  2.10     For purposes of this subdivision, "contraband" means 
  2.11  property which is illegal to possess under Minnesota law.