SF 3415

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 03:27pm

A bill for an act
relating to housing; prohibiting landlords from imposing certain fees; restricting
entry by a landlord and amending fees for improper entry; authorizing court
administrator to set conciliation court filing fees for recovery of possession actions;
amending Minnesota Statutes 2018, sections 504B.211, subdivisions 2, 6; 504B.375,
subdivision 1; 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.120] PROHIBITED FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited fees. new text end

new text begin Except for actual services rendered for an optional
service offered by the landlord, a landlord shall not charge a tenant any nonrefundable fee
in relation to a residential tenancy.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin A landlord who violates this section is liable to the residential tenant
for each unenforceable fee for three times the amount of each fee imposed that was not for
an actual optional service or $500, whichever is greater, and the court may award the tenant
reasonable attorney's fees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to leases signed before, on, or after August
1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 504B.211, subdivision 2, is amended to read:

Subd. 2.

Entry by landlord.

Except as provided in subdivision 5, a landlord may enter
the premises rented by a residential tenant only for a reasonable business purpose and after
making a good faith effort to give the residential tenant reasonable notice under the
circumstances of new text begin not less than 24 hours in advance of new text end the intent to enter. new text begin The landlord may
only enter between the hours of 8:00 a.m. and 8:00 p.m. new text end A residential tenant may not waive
and the landlord may not require the residential tenant to waive the residential tenant's right
to prior notice of entry under this section as a condition of entering into or maintaining the
lease.

Sec. 3.

Minnesota Statutes 2018, section 504B.211, subdivision 6, is amended to read:

Subd. 6.

Penalty.

If a landlord deleted text begin substantially deleted text end violates deleted text begin subdivision 2 deleted text end new text begin this section new text end , the
residential tenant is entitled to a penalty which may include a rent reduction up to full
rescission of the lease, recovery of any damage deposit less any amount retained under
section 504B.178, and deleted text begin up to a $100 civil penalty for each violation. If a landlord violates
subdivision 5, the residential tenant is entitled to up to a $100 civil penalty for each violation deleted text end new text begin
damages not less than an amount equal to one month's rent and reasonable attorney fees new text end . A
residential tenant deleted text begin shall deleted text end new text begin may new text end follow the procedures in sections 504B.381, 504B.385, and
504B.395 to 504B.471 to enforce the provisions of this section. new text begin A violation of this section
by the landlord is a violation of section 504B.161.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to matters commenced on or after August
1, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, 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.

(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.

new text begin (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 end