Minnesota Session Laws - 2026 Regular Session

CHAPTER 81--S.F.No. 4171

An act

relating to housing; providing for submetered utility service final billing for vacating tenants; modifying provisions related to the payment of rent by tenants; prohibiting listing a minor in certain eviction actions; modifying expedited eviction procedures;

amending Minnesota Statutes 2024, sections 216B.023, by adding a subdivision; 504B.118; 504B.216, by adding a subdivision; 504B.321, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 504B.

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

Section 1.

Minnesota Statutes 2024, section 216B.023, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Final billing for submetered utility service. new text end

new text begin If, by the date the tenant vacates the unit, a landlord has not received from the utility provider the actual utility bill for utility service, the landlord may issue an estimated final utility bill to the tenant. The calculation must be based on the immediately preceding billing period for the submetered utility bill charged to the tenant, prorated for the number of days between the end of the prior billing period and the date the tenant vacates the unit. No additional fees or charges may be assessed, except that nothing in this subdivision prohibits a landlord from assessing and including in the final utility bill: new text end

new text begin (1) an administrative billing charge authorized under subdivision 4; and new text end

new text begin (2) a late payment charge authorized under subdivision 6, provided that the late payment charge reflects only a late fee for unpaid charges from the immediately preceding billing period. new text end

Sec. 2.

Minnesota Statutes 2024, section 504B.118, is amended to read:

504B.118 deleted text begin RECEIPT FOR RENT PAID IN CASH deleted text end new text begin PAYMENT OF RENT new text end .

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "digital payment platform" means an electronic application or system, under the direct control of the landlord or operated by a vendor under contract with the landlord, that permits a user to conduct financial transactions. new text end

new text begin Subd. 2. new text end

new text begin Receipt for rent paid in cash. new text end

A landlord receiving rent or other payments from a tenant in cash must provide a written receipt for payment immediately upon receipt if the payment is made in person, or within three business days if payment in cash is not made in person.

new text begin Subd. 3. new text end

new text begin Digital payment platforms. new text end

new text begin (a) If a landlord requires or permits a tenant to pay rent and other charges using a digital payment platform, a landlord must offer a tenant an alternative to using the digital payment platform if the platform is not functioning. No fee may be charged to the tenant to use an alternative form of payment. new text end

new text begin (b) If the landlord knows that the digital payment platform is not functioning, the landlord must restore access to the digital payment platform or offer an alternative means of payment as soon as practicable. new text end

new text begin (c) A landlord is prohibited from taking any adverse action, including but not limited to filing an eviction or assessing late fees, when payment of rent or other charges is not paid because both the digital payment platform and the alternative payment method the landlord provided are not functioning for the tenant. new text end

new text begin Subd. 4. new text end

new text begin Affirmative defense. new text end

new text begin The tenant has an affirmative defense against an eviction action filed for nonpayment of rent if the landlord violates this section. Upon a showing that the landlord has violated this section, the eviction action must be dismissed, and the tenant is entitled to reasonable attorney fees and any other equitable relief the court deems appropriate. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026. Subdivision 4 applies to eviction actions filed on or after that date. new text end

Sec. 3.

new text begin [504B.2136] MINORS AS DEFENDANTS PROHIBITED. new text end

new text begin (a) A residential landlord shall not list the minor child of a residential tenant as a defendant in an eviction action complaint against a residential tenant. If a minor is the only person renting the unit from the landlord, the landlord may list the minor as a defendant in an eviction action complaint against the minor. new text end

new text begin (b) The requirements of this section may not be waived or modified by the parties to a residential lease. Any provision, whether oral or written, of a lease or other agreement by which any provision of this section is waived by a tenant is contrary to public policy and void. new text end

new text begin (c) The tenant shall recover from the landlord actual damages or $300, whichever is greater, for a violation of this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to eviction actions filed on or after that date. new text end

Sec. 4.

Minnesota Statutes 2024, section 504B.216, is amended by adding a subdivision to read:

new text begin Subd. 7a. new text end

new text begin Final billing for apportioned utility service. new text end

new text begin If, by the date the tenant vacates the unit, a landlord has not received from the utility provider the actual utility bill for utility service, the landlord may issue an estimated final utility bill to the tenant. The calculation must be based on the immediately preceding billing period for the apportioned utility bill charged to the tenant, prorated for the number of days between the end of the prior billing period and the date the tenant vacates the unit. No additional fees or charges may be assessed, except that nothing in this subdivision prohibits a landlord from assessing and including in the final utility bill: new text end

new text begin (1) an administrative billing charge authorized under subdivision 8; and new text end

new text begin (2) a late payment charge authorized under subdivision 9, provided that the late payment charge reflects only a late fee for unpaid charges from the immediately preceding billing period. new text end

Sec. 5.

Minnesota Statutes 2024, section 504B.321, subdivision 2, is amended to read:

Subd. 2.

Expedited procedure.

(a) In an eviction action brought under section 504B.171 or on the basis that the residential tenant engages in behavior that seriously endangers the safety of other residents new text begin , assaults the landlord or the landlord's employees or contractors new text end , or intentionally and seriously damages the property of the landlord or a tenant, the person filing the complaint shall file an affidavit stating specific facts and instances in support of why an expedited hearing is required. new text begin For the purposes of this subdivision, "assault" has the meaning given in section 609.02, subdivision 10. new text end

(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled for an expedited hearing only if sufficient supporting facts are stated and they meet the requirements of this paragraph.

(c) The appearance in an expedited hearing shall be not less than five days nor more than seven days from the date the summons is issued. The summons, in an expedited hearing, shall be served upon the residential tenant within 24 hours of issuance unless the court orders otherwise for good cause shown.

(d) If the court determines that the person seeking an expedited hearing did so without sufficient basis under the requirements of this subdivision, the court shall impose a civil penalty of up to deleted text begin $500 deleted text end new text begin $750 new text end for abuse of the expedited hearing process.

(e) The court may only consider allegations under paragraph (a) during an expedited hearing. The court may not consolidate claims heard under the expedited procedure with any additional claims, including but not limited to breach of lease, holding over under section 504B.285, or nonpayment of rent under section 504B.291.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to eviction actions filed on or after that date. new text end

Presented to the governor May 11, 2026