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HF 2192

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 05:30pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/24/2014
1st Engrossment Posted on 03/20/2014

Current Version - 1st Engrossment

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A bill for an act
relating to housing; landlord and tenant; providing for termination of lease;
amending Minnesota Statutes 2012, section 504B.265.

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

Section 1.

Minnesota Statutes 2012, section 504B.265, is amended to read:


504B.265 TERMINATION OF LEASE UPON DEATH new text beginOR INFIRMITY new text endOF
TENANT.

Subdivision 1.

Termination of leasenew text begin upon deathnew text end.

Any party to a lease of residential
premises other than a lease at will may terminate the lease prior to its expiration date in
the manner provided in subdivision 2 upon the death of the tenant or, if there is more than
one tenant, upon the death of all tenants.

new text begin Subd. 1a. new text end

new text begin Termination of lease upon infirmity. new text end

new text begin A tenant or the authorized
representative of the tenant may terminate the lease prior to its expiration date in the
manner provided in subdivision 2 if the tenant has, or if there is more than one tenant, all
the tenants have, been certified by a physician in writing to:
new text end

new text begin (1) be no longer able, for medical reasons, to live without assistance with
instrumental activities of daily living or personal activities of daily living; and
new text end

new text begin (2) need to move into:
new text end

new text begin (i) a nursing home, as defined in section 144A.01, subdivision 5;
new text end

new text begin (ii) hospice care, as defined in section 144A.75, subdivision 8, or to move into a
residential hospice facility, as defined in section 144A.75, subdivision 13;
new text end

new text begin (iii) a boarding care or supervised living facility licensed under chapter 144;
new text end

new text begin (iv) a housing with services establishment, as defined in section 144D.01,
subdivision 4;
new text end

new text begin (v) assisted living, as defined in section 144G.01, subdivision 2;
new text end

new text begin (vi) an accessible unit, as defined in section 363A.40, subdivision 1, paragraph (a);
new text end

new text begin (vii) a facility providing a foster care for adults program as defined in section
245A.02, subdivision 6c; or
new text end

new text begin (viii) any other residence with services that is licensed or certified by the Department
of Health or the Department of Human Services.
new text end

new text begin For the purposes of this subdivision, "physician" means a person who is licensed,
registered, or regulated by the Board of Medical Practice under Minnesota Statutes,
chapter 147.
new text end

Subd. 2.

Notice.

new text begin(a) Upon the death of the tenant or, if there is more than one
tenant, upon the death of all tenants,
new text endeither the landlord or the personal representative of
the tenant's estate may terminate the lease upon at least two months' written notice, to be
effective on the last day of a calendar month, and hand delivered or mailed by postage
prepaid, first class United States mail, to the address of the other party. The landlord may
comply with the notice requirement of this subdivision by delivering or mailing the notice
to the premises formerly occupied by the tenant. The termination of a lease under this
section shall not relieve the tenant's estate from liability either for the payment of rent
or other sums owed prior to or during the notice period, or for the payment of amounts
necessary to restore the premises to their condition at the commencement of the tenancy,
ordinary wear and tear excepted.

new text begin (b) Either the tenant or the tenant's authorized representative may terminate the lease
if the conditions in subdivision 1a have been met by providing at least two months' written
notice, to be effective on the last day of a calendar month, and hand-delivered or mailed
by postage prepaid, first class United States mail, to the landlord and including a copy
of the physician's certification with the notice. The termination of a lease under this
section shall not relieve the eligible tenant from liability either for the payment of rent
or other sums owed prior to or during the notice period, or for the payment of amounts
necessary to restore the premises to their condition at the commencement of the tenancy,
ordinary wear and tear excepted.
new text end

Subd. 3.

Waiver prohibited.

Any attempted waiver by a landlord and tenant or
tenant's personal representative, by contract or otherwise, of the deleted text beginrightdeleted text endnew text begin rightsnew text end of termination
provided by this section, and any lease provision or agreement requiring a longer notice
period than that provided by this section, shall be void and unenforceable; provided,
however, that the landlord and tenant or tenant's personal representative may agree to
otherwise modify the specific provisions of this section.

Subd. 4.

Applicability.

The provisions of this sectionnew text begin, except subdivisions 1a
and 2, paragraph (b),
new text end apply to leases entered into or renewed after May 12, 1981.new text begin The
provisions of subdivisions 1a and 2, paragraph (b), apply to leases entered into or renewed
on or after January 1, 2015.
new text end