SF 3492

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/01/2024 01:17pm

A bill for an act
relating to housing; amending provisions relating to residential housing leases;
amending landlord and tenant rights and obligations; amending residential tenant
screening agency obligations; amending provisions relating to residential housing
evictions; amending provisions relating to actions commenced by tenants; creating
new rights and obligations for landlords and tenants; making clarifying, technical,
and conforming changes to landlord and tenant provisions; amending Minnesota
Statutes 2022, sections 504B.001, subdivisions 5, 11, 14, by adding subdivisions;
504B.101; 504B.111; 504B.115, subdivision 1; 504B.116; 504B.118; 504B.131;
504B.141; 504B.145; 504B.151, subdivision 1; 504B.161, subdivision 4, by adding
subdivisions; 504B.173, subdivision 1; 504B.175, subdivision 1, by adding a
subdivision; 504B.177; 504B.178, subdivisions 7, 10; 504B.181, by adding a
subdivision; 504B.185, by adding a subdivision; 504B.195, subdivision 5, by
adding a subdivision; 504B.204; 504B.205, subdivision 5; 504B.231; 504B.245;
504B.261; 504B.265, by adding a subdivision; 504B.271, subdivision 2; 504B.285,
subdivision 2, by adding a subdivision; 504B.315; 504B.365, subdivision 5;
504B.385, subdivision 11; 504B.391; 504B.441; 504B.471; Minnesota Statutes
2023 Supplement, sections 504B.321, subdivision 5; 504B.331; 504B.335;
504B.375, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 504B; repealing Minnesota Statutes 2022, sections 504B.173, subdivisions
2, 3, 4; 504B.175, subdivisions 2, 3, 4; 504B.195, subdivisions 2, 3, 4; 504B.285,
subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2022, section 504B.001, subdivision 5, is amended to read:

Subd. 5.

Housing-related neighborhood organization.

"Housing-related neighborhood
organization" means a nonprofit corporation incorporated under chapter 317A that deleted text begin :
deleted text end

deleted text begin (1) designates in its articles of incorporation or bylaws a specific geographic community
to which its activities are limited; and
deleted text end

deleted text begin (2) deleted text end is formed new text begin in part new text end for the purposes of promoting deleted text begin community safety, crime prevention,
and deleted text end housing quality in a nondiscriminatory manner.

For purposes of this chapter, an action taken by a neighborhood organization with the
written permission of a residential tenant means, with respect to a building with multiple
dwelling units, an action taken by the neighborhood organization with the written permission
of new text begin one of new text end the residential tenants deleted text begin of a majority of the occupied units deleted text end .

Sec. 2.

Minnesota Statutes 2022, section 504B.001, subdivision 11, is amended to read:

Subd. 11.

Residential building.

"Residential building" means:

(1) a building used in whole or in part as a dwelling, including single-family homes,
multiple-family units such as apartments, and structures containing both dwelling units and
units used for nondwelling purposes, and includes deleted text begin a deleted text end new text begin :
new text end

new text begin (i) a new text end manufactured home park; deleted text begin or
deleted text end

new text begin (ii) nursing homes under chapter 144A;
new text end

new text begin (iii) assisted living under chapter 144G;
new text end

new text begin (iv) residences with services under chapter 245D;
new text end

new text begin (v) buildings receiving group residential housing chapter 256I; and
new text end

new text begin (vi) a sober house under chapter 254B; or
new text end

(2) an unoccupied building which was previously used in whole or in part as a dwelling
and which constitutes a nuisance under section 561.01.

Sec. 3.

Minnesota Statutes 2022, section 504B.001, subdivision 14, is amended to read:

Subd. 14.

Violation.

"Violation" means:

(1) a violation of any state, county or city health, safety, housing, building, fire prevention,
or housing maintenance code applicable to the building;

(2) a violation of deleted text begin any of the covenants set forth in section 504B.161, subdivision 1,
clause (1) or (2), or in section 504B.171, subdivision 1 deleted text end new text begin this chapter new text end ; deleted text begin or
deleted text end

new text begin (3) a violation of any federal, state, county, or city laws protecting tenants from
discrimination;
new text end

new text begin (4) a violation of any applicable tenant rights and landlord obligations for public and
subsidized tenancies under local, state, or federal law; or
new text end

deleted text begin (3) deleted text end new text begin (5) new text end a violation of an oral or written agreement, lease, or contract for the rental of a
dwelling in a building.

Sec. 4.

Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Dwelling. new text end

new text begin "Dwelling" means any rental unit in a residential building that is
intended to be used for occupancy by residential tenants.
new text end

Sec. 5.

Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:

new text begin Subd. 17. new text end

new text begin Rental unit. new text end

new text begin "Rental unit" means any building or structure, or portion thereof,
which is wholly or partly used or intended to be occupied by tenants.
new text end

Sec. 6.

Minnesota Statutes 2022, section 504B.101, is amended to read:

504B.101 DISTRESS FOR RENT.

The remedy of distress for rent is abolished. 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. The tenant shall recover from the landlord
treble actual and consequential damages or $1,000, whichever is greater, and reasonable
attorney fees, for a violation of this section.
new text end

Sec. 7.

Minnesota Statutes 2022, section 504B.111, is amended to read:

504B.111 WRITTEN LEASE REQUIRED; PENALTY.

new text begin (a) new text end A landlord of a residential building with 12 or more residential units must have a
written lease for each unit rented to a residential tenant. The written lease must identify the
specific unit the residential tenant will occupy before the residential tenant signs the lease.
Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask
for the tenant's full name and date of birth on the lease and application. A landlord who fails
to provide a lease, as required under this section, is guilty of a petty misdemeanor.

new text begin (b) The tenant shall recover from the landlord treble actual and consequential damages
or $500, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 8.

Minnesota Statutes 2022, section 504B.115, subdivision 1, is amended to read:

Subdivision 1.

Copy of written lease to tenant.

Where there is a written lease, a landlord
must give a copy to a tenant occupying a dwelling unit whose signature appears on the lease
agreement. The landlord may obtain a signed and dated receipt, either as a separate document
or an acknowledgment included in the lease agreement itself, from the tenant acknowledging
that the tenant has received a copy of the lease. This signed receipt or acknowledgment is
prima facie evidence that the tenant has received a copy of the lease. new text begin The landlord must
provide the copy of the lease agreement with 14 days of the tenant's written request. The
tenant shall recover from the landlord treble actual and consequential damages or $250,
whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 9.

Minnesota Statutes 2022, section 504B.116, is amended to read:

504B.116 PRORATED RENT REQUIRED.

(a) When a lease term for a residential unit ends on a date before the last day of the final
month, the amount of rent to be paid for the final month owed for the final month of rent
must be prorated at the average daily rate for that month so that the tenant only pays for the
actual number of days that occupancy is allowed. This provision applies to all leases,
including leases requiring the last month of rent to be paid in advance. Any attempted waiver
of this section by a landlord and tenant, by contract or otherwise, shall be void and
unenforceable. new text begin The tenant shall recover from the landlord treble actual and consequential
damages or $500, whichever is greater, and reasonable attorney fees, for a violation of this
section.
new text end

(b) For purposes of this section, prorated rent must be calculated using the actual number
of calendar days for the calendar month in which the lease expires.

Sec. 10.

Minnesota Statutes 2022, section 504B.118, is amended to read:

504B.118 RECEIPT FOR RENT PAID IN CASH.

A landlord receiving rent or other payments from a tenant in cash must provide a written
receipt for payment immediately upon receipt if the payment is made in person, or within
three business days if payment in cash is not made in person. new text begin Any attempted waiver of this
section by a landlord and tenant, by contract or otherwise, shall be void and unenforceable.
The tenant shall recover from the landlord treble actual and consequential damages or $250,
whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 11.

Minnesota Statutes 2022, section 504B.131, is amended to read:

504B.131 RENT LIABILITY; UNINHABITABLE BUILDINGS.

A tenant or occupant of a building that is destroyed or becomes uninhabitable or unfit
for occupancy through no fault or neglect of the tenant or occupant may vacate and surrender
such a building. A tenant or occupant may expressly agree otherwise except as prohibited
by section 504B.161. new text begin The landlord shall offer the tenant a similar rental unit, if available,
for the remainder of the tenancy at the same rent. The tenant may accept the new rental unit
or may choose to vacate and end the tenancy without liability for any remaining rent under
the lease. Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. The tenant shall recover from the landlord treble
actual and consequential damages or $1,000, whichever is greater, and reasonable attorney
fees, for a violation of this section. This section shall be liberally construed for the protection
of tenants.
new text end

Sec. 12.

Minnesota Statutes 2022, section 504B.141, is amended to read:

504B.141 URBAN REAL ESTATE; HOLDING OVER.

When a tenant of urban real estate, or any interest therein, holds over and retains
possession after expiration of the lease without the landlord's express agreement, no tenancy
for any period other than the shortest interval between the times of payment of rent under
the terms of the expired lease shall be implied. new text begin Any attempted waiver of this section by a
landlord and tenant, by contract or otherwise, shall be void and unenforceable. The tenant
shall recover from the landlord treble actual and consequential damages or $250, whichever
is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 13.

Minnesota Statutes 2022, section 504B.145, is amended to read:

504B.145 RESTRICTION ON AUTOMATIC RENEWALS OF LEASES.

new text begin Subdivision 1. new text end

new text begin Automatic renewal. new text end

Notwithstanding the provisions of any residential
lease, In order to enforce any automatic renewal clause of a lease of an original term of two
months or more which states, in effect, that the term shall be deemed renewed for a specified
additional period of time of two months or more unless the tenant gives notice to the landlord
of an intention to quit the premises at the expiration of the term due to expire, the landlord
must give notice to the tenant as provided in this section. The notice must be in writing and
direct the tenant's attention to the automatic renewal provision of the lease. the notice must
be served personally or mailed by certified mail at least 15 days, but not more than 30 days
prior to the time that the tenant is required to furnish notice of an intention to quit.

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin If the landlord does not comply with the notice requirements of this
statute, the tenant may choose to terminate the lease on the last day of the lease without
further notice unless a new agreement is reached by the parties.
new text end

new text begin Subd. 3. new text end

new text begin Waiver prohibited. new text end

new text begin Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable. The tenant shall recover
from the landlord treble actual and consequential damages or $500, whichever is greater,
and reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 14.

Minnesota Statutes 2022, section 504B.151, subdivision 1, is amended to read:

Subdivision 1.

Limitation on lease and notice to tenant.

(a) Once a landlord has
received notice of a contract for deed cancellation under section 559.21 or notice of a
mortgage foreclosure sale under chapter 580 or 582, or summons and complaint under
chapter 581, the landlord may only enter into (i) a periodic residential lease agreement with
a term of not more than two months or the time remaining in the contract cancellation period
or the mortgagor's redemption period, whichever is less or (ii) a fixed term residential
tenancy not extending beyond the cancellation period or the landlord's period of redemption
until:

(1) the contract for deed has been reinstated or paid in full;

(2) the mortgage default has been cured and the mortgage reinstated;

(3) the mortgage has been satisfied;

(4) the property has been redeemed from a foreclosure sale; or

(5) a receiver has been appointed.

(b) Before entering into a lease under this section and accepting any rent or security
deposit from a tenant, the landlord must notify the prospective tenant in writing that the
landlord has received notice of a contract for deed cancellation or notice of a mortgage
foreclosure sale as appropriate, and the date on which the contract cancellation period or
the mortgagor's redemption period ends.

(c) This section does not apply to a manufactured home park as defined in section
327C.015, subdivision 8.

(d) deleted text begin A landlord who violates the requirements in this subdivision is liable to the lessee
for a civil penalty of $500 deleted text end new text begin Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable. The tenant shall recover from
the landlord treble actual and consequential damages or $1,000, whichever is greater, and
reasonable attorney fees, for a violation of this section new text end , unless the landlord falls under the
exception in subdivision 2. The remedy provided under this paragraph is in addition to and
shall not limit other rights or remedies available to landlords and tenants.

Sec. 15.

Minnesota Statutes 2022, section 504B.161, subdivision 4, is amended to read:

Subd. 4.

Covenants are in addition.

The covenants contained in this section are in
addition to any covenants or conditions imposed by law or ordinance or by the terms of the
lease or license new text begin and do not limit other rights or remedies which may be available to the
residential tenant and landlord new text end .

Sec. 16.

Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Remedies. new text end

new text begin If a landlord is in violation of this section, the tenant shall be entitled
to:
new text end

new text begin (1) treble actual and consequential damages, based on rent abatement for impairment
of use and enjoyment of the property for the period of the violation under section 541.05,
subdivision 1, and consequential damages, or $500, whichever is greater;
new text end

new text begin (2) in the case of a residential building or residential unit that has been condemned for
city or county housing code or rental licensing violations, treble actual and consequential
damages, based on the total rent for the period of the violation under section 541.05,
subdivision 1, and consequential damages, or $500, whichever is greater;
new text end

new text begin (3) in the case of violation of subdivision 2, treble actual and consequential damages,
based on adequate consideration for services performed by the tenant for the period of the
violation under section 541.05, subdivision 1, and consequential damages, or $500, whichever
is greater;
new text end

new text begin (4) treble actual and consequential damages or $500, whichever is greater, and reasonable
attorney fees, for a violation of this section;
new text end

new text begin (5) correction of violations by the landlord;
new text end

new text begin (6) at the tenant's option, tenant correction of violations and reasonable compensation
from the landlord;
new text end

new text begin (7) at the tenant's option, full rescission of the lease and recovery of any damage deposit,
less any amount retained under section 504B.178;
new text end

new text begin (8) costs, disbursements, and reasonable attorney fees related to enforcement of this
section; and
new text end

new text begin (9) at the tenant's option, collection of awards under this subdivision as a credit against
current and future rents from the landlord.
new text end

Sec. 17.

Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Enforcement. new text end

new text begin A residential tenant may enforce the provisions of this section
in actions under sections 504B.281 to 504B.371, 504B.381, 504B.385, and 504B.395 to
504B.471, and other civil actions.
new text end

Sec. 18.

new text begin [504B.163] RETALIATION PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin No retaliation. new text end

new text begin (a) A landlord may not retaliate against a tenant for
asserting any right a tenant has related to the tenancy or otherwise.
new text end

new text begin (b) For purposes of this section, a third party asserting rights on behalf of a tenant is
considered the same as if that tenant directly asserted their rights.
new text end

new text begin Subd. 2. new text end

new text begin Rights protected. new text end

new text begin For the purposes of subdivision 1, asserting rights includes
but is not limited to:
new text end

new text begin (1) complaining about a violation of the lease or the law to the landlord;
new text end

new text begin (2) calling for police or emergency assistance;
new text end

new text begin (3) the tenant's good faith attempt to secure or enforce rights under a lease or contract,
oral or written, under the laws of the state or any of its governmental subdivisions, or of the
United States;
new text end

new text begin (4) the tenant's good faith report to a governmental authority of the plaintiff's violation
of a health, safety, housing, or building code or ordinance;
new text end

new text begin (5) organizing, participating in organizing, protesting, demonstrating, or becoming a
member of a housing-related neighborhood organization or similar organization;
new text end

new text begin (6) suing the landlord or testifying in a court proceeding, an administrative hearing, or
a legislative hearing, or any public space against the landlord; or
new text end

new text begin (7) exercising any right or remedy provided by law.
new text end

new text begin Subd. 3. new text end

new text begin Prohibited conduct. new text end

new text begin For the purposes of subdivision 1, retaliatory conduct
includes but is not limited to:
new text end

new text begin (1) filing an eviction;
new text end

new text begin (2) increasing the rent due;
new text end

new text begin (3) terminating or nonrenewing a tenancy;
new text end

new text begin (4) increasing a tenant's obligations under a lease;
new text end

new text begin (5) decreasing services to a tenant;
new text end

new text begin (6) altering an existing rental agreement;
new text end

new text begin (7) imposing any penalty on a tenant; or
new text end

new text begin (8) threatening retaliatory conduct.
new text end

new text begin Subd. 4. new text end

new text begin Presumption of retaliation. new text end

new text begin (a) The landlord has the burden of proving a
substantial nonretaliatory purpose, wholly unrelated to and unmotivated by the tenant's
protected activity, if the conduct prohibited under subdivision 3 occurs within one year after
the tenant asserts a right.
new text end

new text begin (b) If the conduct prohibited under subdivision 3 occurs more than one year after the
tenant asserted a right, the tenant must make a prima facie case, by a preponderance of the
evidence, that:
new text end

new text begin (1) the tenant asserted a right;
new text end

new text begin (2) the landlord, through act or omission, committed retaliatory conduct; and
new text end

new text begin (3) the conduct prohibited under subdivision 3 was intended to penalize the tenant for
asserting the right.
new text end

new text begin Then, the burden shifts to the landlord to prove a substantial nonretaliatory purpose, wholly
unrelated to and unmotivated by the tenant's protected activity. If the landlord meets their
burden, the tenant must be afforded a fair opportunity to prove that the landlord's stated
nonretaliatory purpose is in fact pretext.
new text end

new text begin Subd. 5. new text end

new text begin Right to explanation. new text end

new text begin If a tenant alleges that any action a landlord has taken
is retaliatory, the landlord must provide a reason to the tenant in writing explaining the
landlord's reason for taking that action within one week of the tenant's written request for
an explanation. Failure to do so creates a presumption of retaliation regardless of when the
action was taken.
new text end

new text begin Subd. 6. new text end

new text begin Penalty. new text end

new text begin If a landlord violates subdivision 1 of this statute, the tenant is entitled
to a civil penalty of up to three month's rent for each violation along with actual damages,
or $1,000, whichever is greater, court costs, reasonable attorney fees, and equitable relief
including injunction against enforcement of the retaliatory notice. A residential tenant may
follow the procedures in sections 504B.381, 504B.385, and 504B.395 to 504B.471, or
commence a civil action, to enforce the provisions of this section. The penalty may be
awarded if the tenant proves retaliation in any other case, including eviction cases.
new text end

new text begin Subd. 7. new text end

new text begin Right to cure material breach. new text end

new text begin Notwithstanding sections 504B.281 to
504B.371, in any eviction proceeding where the landlord asserts a material breach of the
lease and the tenant has asserted retaliation as a defense, if the court finds that the landlord's
action was not retaliatory, the court shall issue an order in favor of the landlord for costs.
The court shall order the tenant to come into compliance with the lease within 30 days. If
the tenant fails to come into lease compliance within 30 days, the landlord may, upon a
showing to the court that three days' written notice was given to the resident, move the court
for a writ of recovery to recover possession.
new text end

new text begin Subd. 8. new text end

new text begin No waiver. new text end

new text begin The tenant rights under this section may not be waived or modified,
by contract or otherwise.
new text end

new text begin Subd. 9. new text end

new text begin Liberal construction. new text end

new text begin This section shall be liberally construed for the protection
of tenants.
new text end

new text begin Subd. 10. new text end

new text begin Additional remedies. new text end

new text begin The purpose of this section is to provide additional
remedies and are in addition to and do not limit other rights or remedies which may be
available to the tenant and landlord.
new text end

Sec. 19.

Minnesota Statutes 2022, section 504B.173, subdivision 1, is amended to read:

Subdivision 1.

Limitations.

A landlord may not deleted text begin :
deleted text end

deleted text begin (1) deleted text end charge an applicant a screening new text begin or application new text end fee deleted text begin when the landlord knows or should
have known that no rental unit is available at that time or will be available within a reasonable
future time; deleted text end new text begin in order to apply to enter or to enter into a rental agreement for a residential
dwelling unit. Any attempted waiver of this section by a landlord and tenant, by contract
or otherwise, shall be void and unenforceable. The tenant shall recover from the landlord
treble actual and consequential damages or $1,000, whichever is greater, and reasonable
attorney fees, for a violation of this section.
new text end

deleted text begin (2) collect or hold an applicant screening fee without giving the applicant a written
receipt for the fee, which may be incorporated into the application form, upon request of
the applicant; or
deleted text end

deleted text begin (3) use, cash, or deposit an applicant screening fee until all prior applicants have either
been screened and rejected, or offered the unit and declined to enter into a rental agreement.
deleted text end

Sec. 20.

Minnesota Statutes 2022, section 504B.175, subdivision 1, is amended to read:

Subdivision 1.

Definition.

For the purpose of this section, "prelease deposit" means
payment given to a landlord from a prospective tenant of a residential dwelling unit before
the prospective tenant and the landlord have entered into a rental agreement. deleted text begin "Prelease
deposit" does not include the payment of a reasonable applicant screening fee used to conduct
a background check on the prospective tenant.
deleted text end

Sec. 21.

Minnesota Statutes 2022, section 504B.175, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Prohibition. new text end

new text begin Prelease deposits are prohibited. Any attempted waiver of this
section by a landlord and tenant, by contract or otherwise, shall be void and unenforceable.
The tenant shall recover from the landlord treble actual and consequential damages or
$1,000, whichever is greater, and reasonable attorney fees, for a violation of this section,
and at the tenant's option, full rescission of the lease and recovery of any damage deposit
less any amount retained under section 504B.178.
new text end

Sec. 22.

Minnesota Statutes 2022, section 504B.177, is amended to read:

504B.177 LATE FEES.

(a) A landlord of a residential building may not charge a late fee if the rent is paid after
the due date, unless the tenant and landlord have agreed in writing that a late fee may be
imposed. The agreement must specify when the late fee will be imposed. In no case may
the late fee exceed eight percent of the overdue rent payment. Any late fee charged or
collected is not considered to be either interest or liquidated damages. For purposes of this
paragraph, the "due date" does not include a date, earlier than the date contained in the
written or oral lease by which, if the rent is paid, the tenant earns a discount.

(b) Notwithstanding paragraph (a), if a federal statute, regulation, or handbook permitting
late fees for a tenancy subsidized under a federal program conflicts with paragraph (a), then
the landlord may publish and implement a late payment fee schedule that complies with the
federal statute, regulation, or handbook.

new text begin (c) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. The tenant shall recover from the landlord treble
actual and consequential damages or $1,000, whichever is greater, and reasonable attorney
fees, for a violation of this section. This section shall be liberally construed for the protection
of tenants.
new text end

Sec. 23.

Minnesota Statutes 2022, section 504B.178, subdivision 7, is amended to read:

Subd. 7.

Bad faith retention.

The bad faith retention by a landlord of a deposit, the
interest thereon, or any portion thereof, in violation of this section shall subject the landlord
to punitive damages not to exceed deleted text begin $500 deleted text end new text begin $750 new text end for each deposit in addition to the damages
provided in subdivision 4 new text begin and reasonable attorney fees new text end . If the landlord has failed to comply
with the provisions of deleted text begin subdivision deleted text end new text begin subdivisions new text end 3 deleted text begin or deleted text end new text begin and new text end 5, retention of a deposit shall be
presumed to be in bad faith unless the landlord returns the deposit within two weeks after
the commencement of any action for the recovery of the deposit.

Sec. 24.

Minnesota Statutes 2022, section 504B.178, subdivision 10, is amended to read:

Subd. 10.

Waiver.

Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable. new text begin This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 25.

Minnesota Statutes 2022, section 504B.181, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Waiver prohibited. new text end

new text begin Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable. The tenant shall recover
from the landlord treble actual and consequential damages or $500, whichever is greater,
and reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 26.

Minnesota Statutes 2022, section 504B.185, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Remedies. new text end

new text begin Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable. The tenant shall recover from the
landlord treble actual and consequential damages or $1,000, whichever is greater, and
reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 27.

Minnesota Statutes 2022, section 504B.195, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Damages. new text end

new text begin The tenant shall recover from the landlord treble actual and
consequential damages or $1,000, whichever is greater, and reasonable attorney fees, for a
violation of this section.
new text end

Sec. 28.

Minnesota Statutes 2022, section 504B.195, subdivision 5, is amended to read:

Subd. 5.

Remedies additional.

The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to landlords and tenants. Any provision,
whether oral or written, of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and void. new text begin A violation of this section
violates section 504B.161. This section shall be liberally construed for the protection of
tenants.
new text end

Sec. 29.

Minnesota Statutes 2022, section 504B.204, is amended to read:

504B.204 ACTION FOR RENTAL OF CONDEMNED RESIDENTIAL PREMISES.

(a) A landlord, agent, or person acting under the landlord's direction or control may not
accept rent or a security deposit for residential rental property from a tenant after the leased
premises have been condemned or declared unfit for human habitation by the applicable
state or local authority, if the tenancy commenced after the premises were condemned or
declared unfit for human habitation. If a landlord, agent, or a person acting under the
landlord's direction or control violates this section, the landlord is liable to the tenant for
actual damages and an amount equal to three times the amount of all money collected from
the tenant after date of condemnation or declaration, plus costs and attorney fees. new text begin A violation
of this section violates section 504B.161. This section shall be liberally construed for the
protection of tenants.
new text end

(b) The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this section is waived by a tenant,
is contrary to public policy and void.

Sec. 30.

Minnesota Statutes 2022, section 504B.205, subdivision 5, is amended to read:

Subd. 5.

Residential tenant remedies.

deleted text begin A residential tenant may bring a civil action for
a violation of this section and recover from the landlord $250 or actual damages, whichever
is greater, and reasonable attorney's fees. deleted text end new text begin The tenant shall recover from the landlord treble
actual and consequential damages or $1,000, whichever is greater, and reasonable attorney
fees, for a violation of this section. A violation of this section violates section 504B.161.
This section shall be liberally construed for the protection of tenants.
new text end

Sec. 31.

Minnesota Statutes 2022, section 504B.231, is amended to read:

504B.231 DAMAGES FOR OUSTER.

(a) If a landlord, an agent, or other person acting under the landlord's direction or control
deleted text begin unlawfully and in bad faith deleted text end removes, excludes, or forcibly keeps out a tenant from residential
premises, the tenant deleted text begin may deleted text end new text begin shall new text end recover from the landlord new text begin actual and consequential damages,
the greater of new text end treble new text begin actual and consequential new text end damages or deleted text begin $500, whichever is greater, deleted text end new text begin $1,000, new text end
and reasonable deleted text begin attorney's deleted text end new text begin attorney new text end fees new text begin , and at the tenant's option, full rescission of the lease
and recovery of any damage deposit less any amount retained under section 504B.178 new text end . new text begin A
landlord may not charge or collect rent for a month where the landlord has violated this
section. A violation of this section by the landlord is a violation of section 504B.161.
new text end

(b) The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this section is waived by a tenant,
is contrary to public policy and void. The provisions of this section also apply to occupants
and owners of residential real property which is the subject of a mortgage foreclosure or
contract for deed cancellation and as to which the period for redemption or reinstatement
of the contract has expired. new text begin This section shall be liberally construed for the protection of
tenants.
new text end

Sec. 32.

Minnesota Statutes 2022, section 504B.245, is amended to read:

504B.245 TENANT REPORT; REMEDIES.

new text begin (a) The tenant shall recover from a landlord or tenant screening agency treble actual and
consequential damages or $1,000, whichever is greater, and reasonable attorney fees, for a
violation of section 504B.241.
new text end

new text begin (b) The attorney general may require tenant screening agencies to demonstrate compliance
with section 504B.241. A tenant screening agency shall demonstrate compliance with section
504B.241 within one week of a request by the attorney general. new text end The remedies provided in
section 8.31 apply to a violation of section 504B.241. deleted text begin A residential tenant screening service
or landlord in compliance with the provisions of the Fair Credit Reporting Act, United States
Code, title 15, section 1681, et seq., is considered to be in compliance with section 504B.241.
deleted text end

new text begin (c) A violation of this section is a violation of section 325F.69.
new text end

new text begin (d) This section shall be liberally construed for the protection of tenants.
new text end

Sec. 33.

Minnesota Statutes 2022, section 504B.261, is amended to read:

504B.261 PETS IN SUBSIDIZED DISABILITY ACCESSIBLE RENTAL
HOUSING UNITS.

In a multiunit residential building, a tenant of a disability accessible unit, in which the
tenant or the unit receives a subsidy that directly reduces or eliminates the tenant's rent
responsibility, must be allowed to have two birds or one spayed or neutered dog or one
spayed or neutered cat. A renter under this section may not keep or have visits from an
animal that constitutes a threat to the health or safety of other individuals, or causes a noise
nuisance or noise disturbance to other renters. The landlord may require the renter to pay
an additional damage deposit in an amount reasonable to cover damage likely to be caused
by the animal. The deposit is refundable at any time the renter leaves the unit of housing to
the extent it exceeds the amount of damage actually caused by the animal. new text begin The tenant shall
recover from the landlord treble actual and consequential damages or $1,000, whichever is
greater, and reasonable attorney fees, and at the tenant's option, full rescission of the lease
and recovery of any damage deposit less any amount retained under section 504B.178, for
a violation of this section. Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 34.

Minnesota Statutes 2022, section 504B.265, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Remedies. new text end

new text begin The personal representative of the tenant's estate shall recover from
the landlord treble actual and constructive damages or $500, whichever is greater, and
reasonable attorney fees, for a violation of this section. This section shall be liberally
construed for the protection of tenants.
new text end

Sec. 35.

Minnesota Statutes 2022, section 504B.271, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Landlord's punitive deleted text end 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 deleted text begin punitive
damages in an amount not to exceed twice the actual damages or $1,000, whichever is
greater deleted text end , in addition to actual damages new text begin , treble actual and consequential damages or $1,000,
whichever is greater, new text end and reasonable deleted text begin attorney's deleted text end new text begin attorney new text end 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, 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.

Sec. 36.

new text begin [504B.276] LIMITATION ON CLAIM PRECLUSION.
new text end

new text begin A failure by a tenant to litigate an available claim or defense in any proceeding under
sections 504B.281 to 504B.471 does not preclude the tenant from raising or litigating that
claim or a claim arising out of the same transaction or occurrence in a separate proceeding.
new text end

Sec. 37.

Minnesota Statutes 2022, section 504B.285, subdivision 2, is amended to read:

Subd. 2.

Retaliation defense.

It is a defense to an action for recovery of premises
deleted text begin following the alleged termination of a tenancy by notice to quit for the defendant to prove
by a fair preponderance of the evidence that: deleted text end new text begin that the action is retaliatory in violation of
section 504B.163.
new text end

deleted text begin (1) the alleged termination was intended in whole or part as a penalty for the defendant's
good faith attempt to secure or enforce rights under a lease or contract, oral or written, under
the laws of the state or any of its governmental subdivisions, or of the United States; or
deleted text end

deleted text begin (2) the alleged termination was intended in whole or part as a penalty for the defendant's
good faith report to a governmental authority of the plaintiff's violation of a health, safety,
housing, or building code or ordinance.
deleted text end

deleted text begin If the notice to quit was served within 90 days of the date of an act of the tenant coming
within the terms of clause (1) or (2) the burden of proving that the notice to quit was not
served in whole or part for a retaliatory purpose shall rest with the plaintiff.
deleted text end

Sec. 38.

Minnesota Statutes 2022, section 504B.285, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Damages. new text end

new text begin The tenant shall recover from the landlord treble actual and
consequential damages or $1,000, whichever is greater, and reasonable attorney fees, for a
violation of subdivisions 2 and 3.
new text end

Sec. 39.

Minnesota Statutes 2022, section 504B.315, is amended to read:

504B.315 RESTRICTIONS ON EVICTION DUE TO FAMILIAL STATUS.

(a) As used in this section, "familial status" has the meaning given it in section 363A.03,
subdivision 18.

(b) No residential tenant of residential premises may be evicted, denied a continuing
tenancy, or denied a renewal of a lease on the basis of familial status commenced during
the tenancy unless one year has elapsed from the commencement of the familial status and
the landlord has given the tenant six months prior notice in writing, except in case of
nonpayment of rent, damage to the premises, disturbance of other tenants, or other new text begin material
new text end breach of the lease.

new text begin (c) The tenant shall recover from the landlord treble actual and consequential damages
or $1,000, whichever is greater, and reasonable attorney fees, for a violation of this section.
The remedy provided under this section is in addition to and shall not limit other rights or
remedies available to tenants. new text end Any provision, whether oral or written, of any lease or other
agreement, whereby any provision of this section is waived by a tenant, is contrary to public
policy and void. new text begin This section shall be liberally construed for the protection of tenants.
new text end

Sec. 40.

Minnesota Statutes 2023 Supplement, section 504B.321, subdivision 5, is amended
to read:

Subd. 5.

Defective filing or service.

The court must dismiss and expunge the record of
any action if the person bringing the action fails to comply with this section. new text begin The tenant
shall recover from the landlord treble actual and consequential damages or $250, whichever
is greater, and reasonable attorney fees, for a violation of this section. Any attempted waiver
of this section by a landlord and tenant, by contract or otherwise, shall be void and
unenforceable. This section shall be liberally construed for the protection of tenants.
new text end

Sec. 41.

Minnesota Statutes 2023 Supplement, section 504B.331, is amended to read:

504B.331 SUMMONS; HOW SERVED.

(a) The summons and complaint must be served at least seven days before the date of
the court appearance specified in section 504B.321, in the manner provided for service of
a summons in a civil action in district court.

(b) If the defendant cannot be found in the county, the summons and complaint may be
served at least seven days before the date of the court appearance by:

(1) leaving a copy at the defendant's last usual place of abode with a person of suitable
age and discretion residing there; or

(2) if the defendant had no place of abode, by leaving a copy at the property described
in the complaint with a person of suitable age and discretion occupying the premises.

(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant
cannot be found in the county.

(d) Where the defendant cannot be found in the county, service of the summons and
complaint may be made upon the defendant by posting the summons in a conspicuous place
on the property for not less than one week if:

(1) the property described in the complaint is:

(i) nonresidential and no person actually occupies the property; or

(ii) residential and service has been attempted at least twice on different days, with at
least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.;
and

(2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit
stating that:

(i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes
that the defendant is not in the state;

(ii) a copy of the summons has been mailed to the defendant at the defendant's last known
address if any is known to the plaintiff; or

(iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction
hearing has been scheduled, including the date, time, and place of the hearing specified in
the summons, by at least one form of written communication the plaintiff regularly uses to
communicate with the defendant that have a date and time stamp.

(e) If the defendant or the defendant's attorney does not appear in court on the date of
the appearance, the trial shall proceed.

new text begin (f) A plaintiff and its agents must strictly comply with this section. The tenant shall
recover from the landlord treble damages or $250, whichever is greater and reasonable
attorney fees for a violation of this section. The court must dismiss and expunge the record
of any action if the person bringing the action fails to comply with this section and may not
waive the filing fee for the plaintiff to file another action.
new text end

new text begin (g) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. This section shall be liberally construed for the
protection of tenants.
new text end

Sec. 42.

Minnesota Statutes 2023 Supplement, section 504B.335, is amended to read:

504B.335 ANSWER; TRIAL.

(a) deleted text begin At the court appearance specified in the summons, deleted text end The defendant may answer the
complaint new text begin orally or in writing new text end . new text begin The defendant may assert common law defenses and violations
of this chapter as defenses and counterclaims. new text end When scheduling a trial date, the court must
select a date that allows for a fair, thorough, and timely adjudication of the merits of the
case, including the complexity of the matter, the need for the parties to obtain discovery,
the need for the parties to ensure the presence of witnesses, the opportunity for the defendant
to seek legal counsel and raise affirmative defenses, and any extenuating factors enumerated
under section 504B.171.

(b) Either party may demand a trial by jury.

(c) The proceedings in the action are the same as in other civil actions, except as provided
in sections 504B.281 to 504B.371.

(d) The court, in scheduling appearances and hearings under this section, shall give
priority to any eviction brought under section 504B.171, or on the basis that the residential
tenant engages in behavior that seriously endangers the safety of other residents, or
intentionally and seriously damages the property of the landlord or a tenant.

(e) The court may not require the defendant to pay any amount of money into court, post
a bond, make a payment directly to a landlord, or by any other means post security for any
purpose prior to final disposition of an action, except if the final disposition of the action
may be delayed for more than ten days, the court may order the defendant to provide security
in a form and amount that the court approves, based on the totality of the circumstances,
provided that the amount of security may not include any amounts allegedly owed prior to
the date of filing of the action and may not exceed the amount of the monthly or periodic
rent that accrues during the pendency of the action. Nothing in this paragraph shall affect
an appeal bond under section 504B.371, subdivision 3.

Sec. 43.

Minnesota Statutes 2022, section 504B.365, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Penalty; waiver not allowed deleted text end new text begin Remedies new text end .

Unless the premises has been
abandoned, a plaintiff, an agent, or other person acting under the plaintiff's direction or
control who enters the premises and removes the defendant's personal property in violation
of this section is guilty of an unlawful ouster under section 504B.231 and is subject to
penalty under section 504B.225. new text begin The defendant shall recover from the plaintiff treble actual
and consequential damages or $1,000, whichever is greater, and reasonable attorney fees,
for a violation of this section by the plaintiff. new text end This section may not be waived or modified
by lease or other agreement.

Sec. 44.

Minnesota Statutes 2023 Supplement, section 504B.375, subdivision 1, is amended
to read:

Subdivision 1.

Unlawful exclusion or removal.

(a) This section applies to actual or
constructive removal or exclusion of a residential tenant which may include the termination
of utilities or the removal of doors, windows, or locks. A residential tenant to whom this
section applies may recover possession of the premises as described in paragraphs (b) to
(e).

(b) The residential tenant shall present a verified petition to the district court of the
judicial district of the county in which the premises are located that:

(1) describes the premises and the landlord;

(2) specifically states the facts and grounds that demonstrate that the exclusion or removal
was unlawful, including a statement that no writ of recovery of the premises and order to
vacate has been issued under section 504B.345 in favor of the landlord and against the
residential tenant and executed in accordance with section 504B.365; and

(3) asks for possession.

new text begin The tenant may assert other claims under this chapter and request relocation of the tenant
at cost to the landlord, damages, full rescission of the lease, and recovery of any damage
deposit less any amount retained under section 504B.178.
new text end

(c) If it clearly appears from the specific grounds and facts stated in the verified petition
or by separate affidavit of the residential tenant or the residential tenant's attorney or agent
that the exclusion or removal was unlawful, the court shall immediately order that the
residential tenant have possession of the premises.

(d) The residential tenant shall furnish security, if any, that the court finds is appropriate
under the circumstances for payment of all costs and damages the landlord may sustain if
the order is subsequently found to have been obtained wrongfully. In determining the
appropriateness of security, the court shall consider the residential tenant's ability to afford
monetary security.

(e) The court shall direct the order to the sheriff of the county in which the premises are
located and the sheriff shall execute the order immediately by making a demand for
possession on the landlord, if found, or the landlord's agent or other person in charge of the
premises. If the landlord fails to comply with the demand, the officer shall take whatever
assistance may be necessary and immediately place the residential tenant in possession of
the premises. If the landlord, the landlord's agent, or other person in control of the premises
cannot be found and if there is no person in charge, the officer shall immediately enter into
and place the residential tenant in possession of the premises. The officer shall also serve
the order and verified petition or affidavit immediately upon the landlord or agent, in the
same manner as a summons is required to be served in a civil action in district court.

(f) The court administrator may charge a filing fee in the amount set for complaints and
counterclaims in conciliation court, subject to the filing of an inability to pay affidavit.

new text begin (g) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable. This section shall be liberally construed for the
protection of tenants.
new text end

Sec. 45.

Minnesota Statutes 2022, section 504B.385, subdivision 11, is amended to read:

Subd. 11.

Retaliation; waiver not allowed.

Section 504B.441 applies to proceedings
under this section. The residential tenant rights under this section may not be waived or
modified and are in addition to and do not limit other rights or remedies which may be
available to the residential tenant and landlord, except as provided in subdivision 1. new text begin This
section shall be liberally construed for the protection of tenants.
new text end

Sec. 46.

Minnesota Statutes 2022, section 504B.391, is amended to read:

504B.391 VIOLATIONS OF BUILDING REPAIR ORDERS.

Subdivision 1.

Noncompliance; fines new text begin and damages new text end .

If the court finds that a landlord
has willfully failed to comply with a court order to remedy a violation, the court shall fine
the landlord new text begin and award damages to the tenant new text end according to the following schedule:

(1) $250 new text begin fine and $250 in damages new text end for the first failure to comply;

(2) $500 new text begin fine and $500 in damages new text end for the second failure to comply with an order
regarding the same violation; and

(3) deleted text begin $750 deleted text end new text begin $1,000 fine and $1,000 in damages new text end for the third and each subsequent failure
to comply with an order regarding the same violation.

Subd. 2.

Criminal penalty.

A landlord who willfully fails to comply with a court order
to remedy a violation is guilty of a new text begin misdemeanor. A landlord who willfully fails to comply
with a court order to remedy a violation is guilty of a new text end gross misdemeanor if it is the third
or subsequent time that the landlord has willfully failed to comply with an order to remedy
a violation within a three-year period.

Sec. 47.

Minnesota Statutes 2022, section 504B.441, is amended to read:

504B.441 RESIDENTIAL TENANT MAY NOT BE PENALIZED FOR
COMPLAINT.

A residential tenant may not be evicted, nor may the residential tenant's obligations
under a lease be increased or the services decreased, if the eviction or increase of obligations
or decrease of services is deleted text begin intended as a penalty for the residential tenant's or housing-related
neighborhood organization's complaint of a violation. The burden of proving otherwise is
on the landlord if the eviction or increase of obligations or decrease of services occurs within
90 days after filing the complaint, unless the court finds that the complaint was not made
in good faith. After 90 days the burden of proof is on the residential tenant. deleted text end new text begin retaliatory in
violation of section 504B.163.
new text end

Sec. 48.

Minnesota Statutes 2022, section 504B.471, is amended to read:

504B.471 PURPOSE TO PROVIDE ADDITIONAL REMEDIES.

The purpose of deleted text begin section deleted text end new text begin sections new text end 504B.381 new text begin , 504B.385, new text end and deleted text begin sections deleted text end 504B.395 to 504B.471
is to provide additional remedies and nothing contained in those sections alters the ultimate
financial liability of the landlord or residential tenant for repairs or maintenance of the
building. new text begin These sections shall be liberally construed for the protection of tenants.
new text end

Sec. 49. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 504B.173, subdivisions 2, 3, and 4; 504B.175,
subdivisions 2, 3, and 4; 504B.195, subdivisions 2, 3, and 4; and 504B.285, subdivisions 3
and 4, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S3492-1

504B.173 APPLICANT SCREENING FEE.

Subd. 2.

Return of applicant screening fee.

(a) The landlord must return the applicant screening fee if:

(1) the applicant is rejected for any reason not listed in the disclosure required under subdivision 3; or

(2) a prior applicant is offered the unit and agrees to enter into a rental agreement.

(b) If the landlord does not perform a personal reference check or does not obtain a consumer credit report or tenant screening report, the landlord must return any amount of the applicant screening fee that is not used for those purposes.

(c) The applicant screening fee may be returned by mail, may be destroyed upon the applicant's request if paid by check, or may be made available for the applicant to retrieve.

Subd. 3.

Disclosures to applicant.

If a landlord accepts an applicant screening fee from a prospective tenant, the landlord must:

(1) disclose in writing prior to accepting the applicant screening fee:

(i) the name, address, and telephone number of the tenant screening service the landlord will use, unless the landlord does not use a tenant screening service; and

(ii) the criteria on which the decision to rent to the prospective tenant will be based; and

(2) notify the applicant within 14 days of rejecting a rental application, identifying the criteria the applicant failed to meet.

Subd. 4.

Remedies.

(a) In addition to any other remedies, a landlord who violates this section is liable to the applicant for the applicant screening fee plus a civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy.

(b) A prospective tenant who provides materially false information on the application or omits material information requested is liable to the landlord for damages, plus a civil penalty of up to $500, civil court filing costs, and reasonable attorney fees.

504B.175 PRELEASE DEPOSIT.

Subd. 2.

Limitations.

(a) A prelease deposit may be accepted only if the landlord and prospective tenant enter into a conspicuous written agreement that includes:

(1) the circumstances under which it will be returned; and

(2) that the landlord is required to return the prelease deposit within seven days of the occurrence of a circumstance described in clause (1).

(b) "Return" means postmarked within seven days except that upon the prospective tenant's request, a landlord may destroy the payment or hold it for retrieval by the tenant instead of returning it by mail.

Subd. 3.

Application on entry into rental agreement.

If a prospective tenant and landlord do enter into a rental agreement, the prelease deposit must be applied to that tenant's security deposit or rent.

Subd. 4.

Remedies.

In addition to any other remedies, a landlord who violates this section is liable to the payor of the prelease deposit for the amount of the deposit paid, plus one-half of that amount as a penalty. A landlord who enters into a rental agreement with a tenant is not liable under this section unless the landlord failed to comply with subdivision 3.

504B.195 DISCLOSURE REQUIRED FOR OUTSTANDING INSPECTION AND CONDEMNATION ORDERS.

Subd. 2.

Penalty.

If the landlord, agent, or person acting under the landlord's direction or control violates this section, the tenant is entitled to remedies provided by section 8.31, subdivision 3a, and other equitable relief as determined by the court.

Subd. 3.

Exception.

A landlord, agent, or person acting under the landlord's direction or control is not in violation of this section if:

(1) the landlord, agent, or person acting under the landlord's direction or control has received only an initial order to repair;

(2) the time allowed to complete the repairs, including any extension of the deadline, has not yet expired, or less than 60 days has elapsed since the expiration date of repair orders and any extension or no citation has been issued; or

(3) the landlord, agent, or person acting under the landlord's direction or control completes the repairs within the time given to repair, including any extension of the deadline.

Subd. 4.

Landlord's defense.

It is an affirmative defense in an action brought under this section for the landlord, agent, or person acting under the landlord's control to prove that disclosure was made as required under subdivision 1.

504B.285 EVICTION ACTIONS; GROUNDS; RETALIATION DEFENSE; COMBINED ALLEGATIONS.

Subd. 3.

Rent increase as penalty.

In any proceeding for the recovery of premises upon the ground of nonpayment of rent, it is a defense if the tenant establishes by a preponderance of the evidence that the plaintiff increased the tenant's rent or decreased the services as a penalty in whole or part for any lawful act of the tenant as described in subdivision 2, providing that the tenant tender to the court or to the plaintiff the amount of rent due and payable under the tenant's original obligation.

Subd. 4.

Nonlimitation of landlord's rights.

Nothing contained in subdivisions 2 and 3 limits the right of the landlord pursuant to the provisions of subdivision 1 to terminate a tenancy for a violation by the tenant of a lawful, material provision of a lease or contract, whether written or oral, or to hold the tenant liable for damage to the premises caused by the tenant or a person acting under the tenant's direction or control.