Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 150-S.F.No. 1471 
                  An act relating to landlords and tenants; requiring 
                  certain limitations on tenant screening fees; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 504; repealing Minnesota Statutes 1998, 
                  section 504.30, subdivision 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [504.301] [APPLICANT SCREENING FEE.] 
           Subdivision 1.  [LIMIT ON NUMBER OF APPLICANT SCREENING 
        FEES.] A landlord or the landlord's agent may not charge an 
        applicant a screening fee when the landlord knows or should have 
        known that no rental unit is available at that time or will be 
        available within a reasonable future time. 
           Subd. 2.  [RETURN OF APPLICANT SCREENING FEE.] If the 
        landlord or the landlord's agent does not perform a personal 
        reference check or does not obtain a consumer credit report or 
        tenant screening report, the landlord or the landlord's agent 
        shall return any amount of the screening fee that is not used 
        for those purposes.  The screening fee may be returned by mail, 
        may be destroyed upon the applicant's request if paid by check, 
        or may be made available for the applicant to retrieve. 
           Subd. 3.  [DISCLOSURES TO APPLICANT.] A landlord or the 
        landlord's agent, prior to taking an application fee from a 
        prospective tenant, must disclose on the application form or 
        orally the name, address, and telephone number of the tenant 
        screening service the owner will use, unless the owner does not 
        use a tenant screening service. 
           Subd. 4.  [REMEDIES.] In addition to any other remedies, a 
        landlord who violates this section is liable to the applicant 
        for the application fee plus a civil penalty of up to $100, 
        civil court filing costs, and reasonable attorney fees incurred 
        to enforce this remedy. 
           Sec. 2.  [REPEALER.] 
           Minnesota Statutes 1998, section 504.30, subdivision 5, is 
        repealed. 
           Presented to the governor May 10, 1999 
           Signed by the governor May 13, 1999, 1:12 p.m.