Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 470-S.F.No. 1819 
           An act relating to landlord and tenant; authorizing 
          tenants to pay for certain utilities and deduct the 
          payments from rent due; proposing coding for new law 
          in Minnesota Statutes, chapter 504. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [504.185] [EMERGENCY CONDITIONS; LOSS OF 
ESSENTIAL SERVICES.] 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given to them.  
    (a) "Owner" has the meaning given to it in section 566.18, 
subdivision 3. 
    (b) "Tenant" has the meaning given to it in section 566.18, 
subdivision 2. 
    (c) "Building" has the meaning given to it in section 
566.18, subdivision 7. 
    Subd. 2.  [PROCEDURE.] When a municipality, utility 
company, or other company supplying home heating oil, propane, 
natural gas, electricity, or water to a building has 
discontinued the service to the building because an owner who 
has contracted for the service has failed to pay for it, a 
tenant or group of tenants may pay to have the service 
reconnected as provided under this section.  Before paying for 
the service, the tenant or group of tenants shall give oral or 
written notice to the owner of the tenant's intention to pay 
after 48 hours, or a shorter period that is reasonable under the 
circumstances, if the owner has not already paid for the 
service.  In the case of oral notification, written notice shall 
be mailed or delivered to the owner within 24 hours after oral 
notice is given. 
    (a) In the case of natural gas, electricity, or water, if 
the owner has not yet paid the bill by the time of the tenant's 
intended payment, or if the service remains discontinued, the 
tenant or tenants may pay the outstanding bill for the most 
recent billing period, if the utility company or municipality 
will restore the service for at least one billing period. 
    (b) In the case of home heating oil or propane, if the 
owner has not yet paid the bill by the time of the tenant's 
intended payment, or if the service remains discontinued, the 
tenant or tenants may order and pay for one month's supply of 
the proper grade and quality of oil or propane. 
   After submitting receipts for the payment to the owner, a 
tenant may deduct the amount of the tenant's payment from the 
rental payment next paid to the owner.  Any amount paid to the 
municipality, utility company, or other company by a tenant 
under this subdivision is considered payment of rent to the 
owner for purposes of section 504.02. 
    Subd. 3.  [LIMITATIONS; WAIVER PROHIBITED; RIGHTS AS 
ADDITIONAL.] The tenant rights under this section: 
    (1) do not extend to conditions caused by the willful, 
malicious, or negligent conduct of the tenant or of a person 
under the tenant's direction or control; 
    (2) may not be waived or modified; and 
    (3) are in addition to and do not limit other rights which 
may be available to the tenant in law or equity, including the 
right to damages and the right to restoration of possession of 
the premises under section 504.02. 
    Approved April 6, 1988