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HF 399

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2021 04:05pm

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

Bill Text Versions

Engrossments
Introduction Posted on 01/28/2021

Current Version - as introduced

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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; amending Minnesota
Statutes 2020, section 504B.211, subdivisions 2, 6; 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, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 504B.211, subdivision 2, is amended to read:


Subd. 2.

Entry by landlord.

Except as provided in subdivision 4, 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 beginnot less than 24 hours in advance of new text endthe intent to enter. new text beginThe notice must
specify a time of entry that does not exceed four hours and the landlord may only enter
between the hours of 8:00 a.m. and 8:00 p.m.
new text endA 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 2020, section 504B.211, subdivision 6, is amended to read:


Subd. 6.

Penalty.

If a landlord deleted text beginsubstantiallydeleted text end violates deleted text beginsubdivision 2deleted text endnew text begin this sectionnew 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 beginup 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 endnew 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 beginshalldeleted text endnew text begin maynew 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, 2021.
new text end