Minnesota Legislature
SF 3553
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 09:21am
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A bill for an act
relating to civil law; clarifying landlord and tenant provisions; modifying service
of summons and complaint; amending Minnesota Statutes 2022, section 504B.177;
Minnesota Statutes 2023 Supplement, sections 504B.144; 504B.331; 504B.345,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 504B.144, is amended to read:
504B.144 EARLY RENEWAL OF LEASE.
A landlord must wait until six months from the deleted text begin expirationdeleted text end new text begin executionnew text end of the current lease
before requiring a tenant to renew the lease, if the lease is for a period of time longer than
ten months. Nothing prevents a landlord from waiting until closer to the expiration of a
lease to ask a tenant to renew the lease. 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. 2.
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) A late fee charged by a landlord who has entered into a housing assistance payments
contract with the federal or state government must be calculated and assessed only on the
portion of rent payable by the tenant. For the purposes of this paragraph, "housing assistance
payments contract" means a program described in United States Code, title 42, section
1437(f).
new text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 504B.331, is amended to read:
504B.331 SUMMONS; HOW SERVED.
new text begin Subdivision 1. new text end
new text begin Generally. new text end
(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.
new text begin
(b) The plaintiff must attempt to communicate 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 electronic written communication having a date and time
stamp that the plaintiff regularly uses to communicate with the defendant, unless the parties
do not communicate with any form of electronic written communication.
new text end
new text begin Subd. 2. new text end
new text begin Personal or substitute service. new text end
new text begin
(a) If the defendant can be found in the county,
the summons and complaint must be served in the manner provided for service of a civil
action in district court.
new text end
(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.
deleted text begin
(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant
cannot be found in the county.
deleted text end
new text begin Subd. 3. new text end
new text begin Service by mail and posting. new text end
deleted text begin (d) Where the defendant cannot be found in the
countydeleted text end new text begin (a) When attempts at personal or substitute service are unsuccessfulnew text end , service of the
summons and complaint may be madenew text begin by mail and posting. Service by mail and posting is
accomplishednew text end upon deleted text begin the defendant by posting the summons in a conspicuous place on the
property for not less than one week ifdeleted text end new text begin completion of all of the following actions in the order
listednew text end :
(1) deleted text begin the property described in the complaint is:
deleted text end
deleted text begin
(i) nonresidential and no person actually occupies the property; or
deleted text end
deleted text begin (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.deleted text end new text begin
mailing a copy of the summons and complaint to the defendant at the defendant's last known
addressnew text end ; deleted text begin and
deleted text end
(2) deleted text begin the plaintiff or the plaintiff's attorney has signed and fileddeleted text end new text begin filingnew text end with the court an
affidavit stating that:
(i) the defendant cannot be foundnew text begin in the countynew text end , or that the plaintiff deleted text begin or the plaintiff's
attorneydeleted text end 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 deleted text begin if any is known to the plaintiffdeleted text end ; deleted text begin or
deleted text end
(iii) new text begin the date and manner by which new text end the plaintiff deleted text begin or plaintiff's attorneydeleted text end has deleted text begin communicateddeleted text end new text begin
attempted to communicatenew text end 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 new text begin electronic new text end written communication the plaintiff regularly uses to communicate with
the defendant that have a date and time stampdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(iv) if the defendant is residing at the property, how the requirements of subdivision 4
were met, including the dates and times of the attempts at service; and
new text end
new text begin
(3) posting the summons and complaint on the entry to the defendant's individual unit.
If the defendant occupies a multiunit building, the summons and complaint must be posted
on the door of the defendant's individual unit. The summons and complaint must be posted
no later than seven days before the date of the court appearance specified in section 504B.321.
new text end
deleted text begin
(e) If the defendant or the defendant's attorney does not appear in court on the date of
the appearance, the trial shall proceed.
deleted text end
new text begin
(b) Failure to serve the defendant, after the plaintiff complies with subdivision 4, is
prima facie proof that attempts at personal or substitute service were unsuccessful.
new text end
new text begin Subd. 4. new text end
new text begin Residential eviction. new text end
new text begin
For residential evictions, to serve by mail and posting,
the plaintiff may not claim that attempts at personal or substitute service were unsuccessful
unless:
new text end
new text begin
(1) there have been at least two attempts at service in the manner provided for service
of a summons in a civil action in district court;
new text end
new text begin
(2) at least one of the attempts was made between the hours of 6:00 p.m. and 10:00 p.m.;
and
new text end
new text begin
(3) the attempts were made at the last known address of the defendant.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 504B.345, subdivision 1, is amended
to read:
Subdivision 1.
General.
(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.
(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.
(c) If the court or jury finds for the defendant, then the court:
(1) shall enter judgment for the defendant, tax the costs against the plaintiff, and issue
execution in favor of the defendant; and
(2) shall expunge the records relating to the action under the provisions of section 484.014
or under the court's inherent authority at the time judgment is entered or after that time upon
motion of the defendant.
(d) Except in actions brought: (1) deleted text begin under section 504B.291; (2)deleted text end under section 504B.171;
or deleted text begin (3)deleted text end new text begin (2)new text end 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, the court shall stay the writ of recovery of premises and order to vacate
for a reasonable period, not to exceed seven days.