Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 586-H.F.No. 1203 
           An act relating to landlords and tenants; requiring 
          cities and towns to include notification of rights on 
          certificates or licenses of occupancy; requiring the 
          attorney general to publish a statement informing 
          tenants of their rights and duties under state law; 
          amending Minnesota Statutes 1982, section 504.22, 
          subdivisions 1, 3, 4, and 5, and by adding a 
          subdivision; proposing new law coded in Minnesota 
          Statutes, chapter 471. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 504.22, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section, 
    (a) "tenant" shall have the meaning assigned to it in 
section 566.18, but for purposes of section 2, it does not 
include residents of manufactured home parks as defined in 
section 327C.01, subdivision 9; and 
    (b) "owner" shall mean one or more persons, jointly or 
severally, in whom is vested a legal or beneficial interest in 
the premises.  
    Sec. 2.  Minnesota Statutes 1982, section 504.22, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [DISCLOSURE STATEMENT; DISTRIBUTION.] The 
attorney general shall prepare and make available to the public 
a statement which summarizes the significant legal rights and 
obligations of owners and tenants of rental dwelling units.  The 
statement shall include descriptions of the significant 
provisions of chapters 504 and 566.  The statement shall notify 
tenants in public housing to consult their leases for additional 
rights and obligations they may have under federal law.  The 
statement shall include the telephone number and address of the 
attorney general for further information.  
    The attorney general shall annually revise the statement 
provided in this section as necessary to ensure that it 
continues accurately to describe the statutory and case law 
governing the rights and duties of owners and tenants of rental 
dwelling units.  After preparing the statement for the first 
time and after each annual revision of the statement, the 
attorney general shall hold a public meeting to discuss the 
statement and receive comments on its contents before it is 
issued.  When preparing the statement and evaluating public 
comment, the attorney general shall be guided by the 
legislature's intent that the statement be brief, accurate, and 
complete in identifying significant legal rights and 
obligations, and written using words with common, everyday 
meanings. 
    Sec. 3.  Minnesota Statutes 1982, section 504.22, 
subdivision 3, is amended to read: 
    Subd. 3.  [POSTING OF NOTICE.] A printed or typewritten 
notice containing the information which must be disclosed under 
subdivision 2 shall be placed in a conspicuous place on the 
premises.  Unless the owner is required to post a notice 
required by section 6, the owner shall also place in a 
conspicuous place on the premises a notice that states that a 
copy of the statement required by section 2 is available from 
the attorney general to any tenant upon request.  This 
subdivision is complied with if notices posted in compliance 
with other statutes or ordinances contain the information 
required by subdivision 2 and this section.  
    Sec. 4.  Minnesota Statutes 1982, section 504.22, 
subdivision 4, is amended to read:  
    Subd. 4.  If subdivisions 2 and 3, except for the provision 
requiring posting of a notice stating the availability of a 
summary of landlord-tenant law provided in section 3, have not 
been complied with and a person desiring to make service of 
process upon or give a notice or demand to the owner does not 
know the name and address of the owner or his agent, as that 
term is used in subdivision 2, then a caretaker or manager of 
the premises or an individual to whom rental payments for the 
premises are made shall be deemed to be an agent authorized to 
accept service of process and receive and give receipt for 
notices and demands on behalf of the owner.  In case of service 
of process upon or receipt of notice or demand by a person who 
is deemed to be an agent pursuant to this subdivision, this 
person shall give the process, notice, or demand, or a copy 
thereof, to an owner personally or shall send it by certified 
mail, return receipt requested, to an owner at the owner's last 
known address. 
    Sec. 5.  Minnesota Statutes 1982, section 504.22, 
subdivision 5, is amended to read: 
    Subd. 5.  Except as otherwise provided in this subdivision, 
no action to recover rent or possession of the premises shall be 
maintained unless the information required by this section has 
been disclosed to the tenant in the manner provided herein, or 
unless the information required by this section is known by or 
has been disclosed to the tenant at least 30 days prior to the 
initiation of such action.  Failure by the owner to post a 
notice required by section 3 or 6 shall not prevent any action 
to recover rent or possession of the premises.  
    Sec. 6.  [471.9995] [RENTAL DWELLING NOTICE.] 
    Any license or registration or certificate of occupancy or 
a similar document that is issued by a home rule charter or 
statutory city or by a town and that is required to be posted in 
a building containing multiple rental dwelling units shall 
contain a statement that tenants of the dwelling units may 
contact the attorney general for information regarding the 
rights and obligations of owners and tenants under state law. 
The statement shall include the telephone number and address of 
the attorney general. 
    Approved April 26, 1984