SF 1822

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to landlord and tenant; permitting victims of domestic abuse to terminate
a lease in certain circumstances; 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.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO
TERMINATE LEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Right to terminate; procedure. new text end

new text begin (a) A tenant to a residential lease
who is a victim of domestic abuse and fears imminent domestic abuse against the tenant or
the tenant's minor children if the tenant or the tenant's minor children remain in the leased
premises may terminate a lease agreement without penalty or liability as provided in this
section. The tenant must provide advance written notice to the landlord stating that:
new text end

new text begin (1) the tenant fears imminent domestic abuse from a person named in an order
for protection or no contact order;
new text end

new text begin (2) the tenant needs to terminate the tenancy; and
new text end

new text begin (3) the specific date the tenancy will terminate.
new text end

new text begin (b) The written notice must be delivered before the termination of the tenancy by
mail, fax, or in person, and be accompanied by the order for protection or no contact order.
new text end

new text begin (c) For purposes of this section, an order for protection means an order issued under
chapter 518B. A no contact order means a no contact order currently in effect, issued
under section 518B.01, subdivision 22, or chapter 609.
new text end

new text begin Subd. 2. new text end

new text begin Treatment of information. new text end

new text begin A landlord must not disclose information
provided to the landlord by a tenant documenting domestic abuse under subdivision 1.
The information must not be entered into any shared database or provided to any person or
entity but may be used when required as evidence in an eviction proceeding, action for
unpaid rent or damages arising out of the tenancy, claims under section 504B.178, with
the consent of the tenant, or as otherwise required by law.
new text end

new text begin Subd. 3. new text end

new text begin Liability for rent; termination of tenancy. new text end

new text begin (a) A tenant terminating a
lease under subdivision 1 is responsible for the rent payment for the full month in which
the tenancy terminates and an additional amount equal to one month's rent. The tenant is
relieved of any other contractual obligation for payment of rent or any other charges for
the remaining term of the lease, except as provided in this section.
new text end

new text begin (b) This section does not affect a tenant's liability for delinquent, unpaid rent or
other amounts owed to the landlord before the lease was terminated by the tenant under
this section.
new text end

new text begin (c) The tenancy terminates, including the right of possession of the premises, on the
termination date stated in the notice under subdivision 1. The amount equal to one month's
rent must be paid on or before the termination of the tenancy for the tenant to be relieved of
the contractual obligations for the remaining term of the lease as provided in this section.
new text end

new text begin (d) For purposes of this section, the provisions of section 504B.178 are triggered
as follows:
new text end

new text begin (1) if the only tenant is the tenant who is the victim of domestic abuse and the
tenant's minor children, if any, upon the first day of the month following the later of:
new text end

new text begin (i) the date the tenant vacates the premises; or
new text end

new text begin (ii) the termination of the tenancy indicated in the written notice under subdivision
1; or
new text end

new text begin (2) if there are additional tenants bound by the lease, upon the expiration of the lease.
new text end

new text begin Subd. 4. new text end

new text begin Multiple tenants. new text end

new text begin Notwithstanding the release of a tenant from a lease
agreement under this section, if there are any remaining tenants the tenancy continues for
those remaining tenants.
new text end

new text begin Subd. 5. new text end

new text begin Waiver prohibited. new text end

new text begin A residential tenant may not waive, and a landlord
may not require the residential tenant to waive, the tenant's rights under this section.
new text end

new text begin Subd. 6. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "domestic abuse" has the meaning
given in section 518B.01, subdivision 2.
new text end