1997 Minnesota Statutes

CHAPTER 504. Landlords and tenants

     504.01 Distress for rent.  

    The remedy by distress for rent is abolished.  

    HIST: (8186) RL s 3327 

     504.012 Written lease required; penalty. 

    An owner of a multiunit building, with 12 or more 
 residential units, shall have a written lease for each unit 
 rented to a residential tenant.  Notwithstanding any other state 
 law or city ordinance to the contrary, a landlord may ask for 
 the tenant's full name and date of birth on the lease and 
 application.  An owner who fails to provide a lease, as required 
 under this section, is guilty of a petty misdemeanor.  The 
 definitions of "owner," "tenant," and "building" in section 
 566.18 apply to this section. 

    HIST: 1993 c 317 s 1; 1994 c 496 s 1; 1996 c 328 s 3 

     504.015 Tenant to be given copy of lease. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, "owner" has the meaning given it in section 566.18, and 
 "tenant" means any person occupying the dwelling unit whose 
 signature appears on the lease agreement. 

    Subd. 2.    Copy of written lease to tenant.  An owner 
 shall give a tenant a copy of a written lease.  An owner may 
 obtain a signed and dated receipt, either as a separate document 
 or an acknowledgment included in the lease agreement itself, 
 from the tenant acknowledging that the tenant has received a 
 copy of the lease.  This signed receipt or acknowledgment is 
 prima facie evidence that the tenant has received a copy of the 
 lease. 

    Subd. 3.    Legal action to enforce lease.  In any legal 
 action to enforce a written lease, except for nonpayment of 
 rent, disturbing the peace, malicious destruction of property, 
 or a violation of section 504.181, it is a defense for the 
 tenant to establish that the owner failed to comply with 
 subdivision 2.  This defense may be overcome if the owner 
 establishes that the tenant had actual knowledge of the term or 
 terms of the lease upon which any legal action is based. 

    HIST: 1993 c 317 s 2 

     504.02 Cancellation of leases in certain cases; 
  abandonment or surrender of possession. 

    Subdivision 1.    Action to recover.  (a) In case of a 
 lease of real property, when the landlord has a subsisting right 
 of reentry for the failure of the tenant to pay rent the 
 landlord may bring an action to recover possession of the 
 property and such action is equivalent to a demand for the rent 
 and a reentry upon the property; but if, at any time before 
 possession has been delivered to the plaintiff on recovery in 
 the action, the lessee or a successor in interest as to the 
 whole or any part of the property pays to the plaintiff or 
 brings into court the amount of the rent then in arrears, with 
 interest and costs of the action, and an attorney fee not 
 exceeding $5, and performs the other covenants on the part of 
 the lessee, the lessee or successor may be restored to the 
 possession and hold the property according to the terms of the 
 original lease unless an action is pending under section 566.03, 
 subdivision 5, for recovery of the property alleging a material 
 violation of the lease.  

    (b) If the tenant has paid to the plaintiff or brought into 
 court the amount of rent in arrears but is unable to pay the 
 interest, costs of the action, and attorney fees required by 
 this subdivision, the court may permit the defendant to pay 
 these amounts into court and be restored to possession within 
 the same period of time, if any, which the court stays the 
 issuance of the writ of restitution pursuant to section 566.09. 

    (c) Prior to or after commencement of an action to recover 
 possession for nonpayment of rent, the parties may agree only in 
 writing that partial payment of rent in arrears which is 
 accepted by the landlord prior to issuance of the order granting 
 restitution of the premises pursuant to section 566.09 may be 
 applied to the balance due and does not waive the landlord's 
 action to recover possession of the premises for nonpayment of 
 rent. 

    (d) Rental payments under this subdivision must first be 
 applied to rent claimed as due in the complaint from prior 
 rental periods before applying any payment toward rent claimed 
 in the complaint for the current rental period, unless the court 
 finds that under the circumstances the claim for rent from prior 
 rental periods has been waived. 

    Subd. 2.    Lease greater than 20 years.  (a) If the 
 lease under which the right of reentry is claimed is a lease for 
 a term of more than 20 years, reentry cannot be made into the 
 land or such action commenced by the landlord unless, after 
 default, the landlord shall serve upon the tenant, also upon all 
 creditors having a lien of record legal or equitable upon the 
 leased premises or any part thereof, a written notice that the 
 lease will be canceled and terminated unless the payment or 
 payments in default shall be made and the covenants in default 
 shall be performed within 30 days after the service of such 
 notice, or within such greater period as the lessor shall 
 specify in the notice, and if such default shall not be removed 
 within the period specified within the notice, then the right of 
 reentry shall be complete at the expiration of the period and 
 may be exercised as provided by law. If any such lease shall 
 provide that the landlord, after default, shall give more than 
 30 days' notice in writing to the tenant of the landlord's 
 intention to terminate the tenancy by reason of default in terms 
 thereof, then the length of the notice to terminate shall be the 
 same as provided for and required by the lease.  

    (b) As to such leases for a term of more than 20 years, if 
 at any time before the expiration of six months after possession 
 obtained by the plaintiff by abandonment or surrender of 
 possession by the tenant or on recovery in the action, the 
 lessee or a successor in interest as to the whole or part of the 
 property, or any creditor having a lien legal or equitable upon 
 the leased premises or any part thereof, pays to the plaintiff, 
 or brings into court, the amount of rent then in arrears, with 
 interest and the costs of the action, and performs the other 
 covenants on the part of the lessee, the lessee or successor may 
 be restored to the possession and hold the property according to 
 the terms of the original lease.  The provisions of this section 
 shall not apply to any action or proceeding now pending in any 
 of the courts of this state.  

    Subd. 3.    Judgment to be recorded.  Upon recovery of 
 possession by the landlord in the action a certified copy of the 
 judgment shall be recorded in the office of the county recorder 
 of the county where the land is situated if unregistered land or 
 in the office of the registrar of titles of such county if 
 registered land and upon recovery of possession by the landlord 
 by abandonment or surrender by the tenant an affidavit by the 
 landlord or the landlord's attorney setting forth such fact 
 shall be recorded in a like manner and such recorded certified 
 copy of such judgment or such recorded affidavit shall be prima 
 facie evidence of the facts stated therein in reference to the 
 recovery of possession by such landlord. 

    HIST: (8187) RL s 3328; 1917 c 428 s 1; 1923 c 76 s 1; 1937 c 
 38 s 1; 1976 c 181 s 2; 1986 c 444; 1992 c 376 art 1 s 2; 1992 c 
 464 art 1 s 46; 1993 c 165 s 1 

     504.03 Tenant may not deny title; exception.  

    When any person enters into the possession of real property 
 under a lawful lease the person shall not while so in possession 
 deny the title of the landlord in an action brought by such 
 landlord, or any person claiming under the landlord, to recover 
 possession of the property; but such estoppel shall not apply to 
 any lessee who, at and prior to the lease, is in possession of 
 the premises under a claim of title adverse or hostile to that 
 of the lessor. 

    HIST: (8188) RL s 3329; 1986 c 444 

     504.04 Person in possession liable for rent; evidence.  

    Every person in possession of land out of which any rent is 
 due, whether it was originally demised in fee, or for any other 
 estate of freehold or for any term of years, shall be liable for 
 the amount or proportion of rent due from the land in 
 possession, although it be only a part of the land originally 
 demised.  Such rent may be recovered in a civil action, and the 
 deed, demise, or other instrument showing the provisions of the 
 lease may be used in evidence by either party to prove the 
 amount due from the defendant.  Nothing herein contained shall 
 deprive landlords of any other legal remedy for the recovery of 
 rent, whether secured to them by their leases or provided by law.

    HIST: (8189) RL s 3330; 1986 c 444 

     504.05 Rent liability; destroyed untenantable tenements. 

    The lessee or occupant of any building which, without the 
 fault or neglect of that lessee or occupant, is destroyed or is 
 so injured by the elements or any other cause as to be 
 untenantable or unfit for occupancy, is not liable thereafter to 
 pay rent to the lessor or owner thereof, unless otherwise 
 expressly provided by written agreement; and the lessee or 
 occupant may thereupon quit and surrender possession of such 
 premises.  

    HIST: (8190) RL s 3331; 1986 c 444 

     504.06 Estate at will, how determined; notice.  

    Estates at will may be determined by either party by three 
 months' notice in writing for that purpose given to the other 
 party, and, when the rent reserved is payable at periods of less 
 than three months, the time of such notice shall be sufficient 
 if it be equal to the interval between the times of payment; 
 and, in all cases of neglect or refusal to pay the rent due on a 
 lease at will, 14 days' notice in writing to quit, given by the 
 landlord to the tenant, is sufficient to determine the lease.  

    HIST: (8191) RL s 3332 

     504.07 Urban real estate; holding over.  

    When the lessee or tenant of urban real estate, or any 
 interest therein, holds over and retains possession thereof 
 after expiration of the term of the lease without express 
 contract with the owner, no tenancy for any other period than 
 the shortest interval between the times of payment of rent under 
 the terms of the expired lease shall be implied.  

    HIST: (8193) RL s 3333 

     504.08 Notice to be given of vacation of building.  

    Every person who shall, between the 15th day of November 
 and the 15th day of April following, remove from, abandon, or 
 vacate any building, or part thereof, occupied by or in the 
 possession of that person as tenant, except upon the termination 
 of the tenancy, and which contains any plumbing, water, steam, 
 or other pipe liable to injury from freezing, without first 
 giving to the landlord, owner, or agent in charge of such 
 building three days' notice of intention so to remove shall be 
 guilty of a misdemeanor.  

    HIST: (8194) 1915 c 213 s 1; 1986 c 444 

     504.09 Notice of cancellation of leases. 

    When a notice of the cancellation or termination of a lease 
 of real property, or a copy of the notice, with proof of service 
 thereof, and the affidavit of the lessor, or the lessor's agent 
 or attorney, showing that the lessee has not complied with the 
 terms of the notice, shall be presented for recording at the 
 office of the county recorder in which the lease has been duly 
 recorded, it shall be the duty of the county recorder to record 
 the notice, proof of service thereof and affidavit, and the 
 record thereof shall be prima facie evidence of the facts 
 therein stated. 

    HIST: (8192) 1921 c 394 s 1; 1976 c 181 s 2; 1986 c 444 

  504.10-504.17 Obsolete 

     504.18 Covenants of lessor or licensor. 

    Subdivision 1.  In every lease or license of residential 
 premises, whether in writing or parol, the lessor or licensor 
 covenants: 

    (a) That the premises and all common areas are fit for the 
 use intended by the parties.  

    (b) To keep the premises in reasonable repair during the 
 term of the lease or license, except when the disrepair has been 
 caused by the willful, malicious, or irresponsible conduct of 
 the lessee or licensee or a person under the direction or 
 control of the lessee or licensee.  

    (c) To maintain the premises in compliance with the 
 applicable health and safety laws of the state, including the 
 weatherstripping, caulking, storm window, and storm door energy 
 efficiency standards for renter-occupied residences prescribed 
 by section 216C.27, subdivisions 1 and 3, and of the local units 
 of government where the premises are located during the term of 
 the lease or license, except when violation of the health and 
 safety laws has been caused by the willful, malicious, or 
 irresponsible conduct of the lessee or licensee or a person 
 under the direction or control of the lessee or licensee.  

    The parties to a lease or license of residential premises 
 may not waive or modify the covenants imposed by this section. 

    Subd. 2.  The lessor or licensor may agree with the lessee 
 or licensee that the lessee or licensee is to perform specified 
 repairs or maintenance, but only if the agreement is supported 
 by adequate consideration and set forth in a conspicuous 
 writing.  No such agreement, however, may waive the provisions 
 of subdivision 1 or relieve the lessor or licensor of the duty 
 to maintain common areas of the premises.  

    Subd. 3.  This section shall be liberally construed, and 
 the opportunity to inspect the premises before concluding a 
 lease or license shall not defeat the covenants established 
 herein.  

    Subd. 4.  The covenants contained herein shall be in 
 addition to any covenants or conditions imposed by law or 
 ordinance or by the terms of the lease or license.  

    Subd. 5.  Nothing contained herein shall be construed to 
 alter the liability of the lessor or licensor of residential 
 premises for injury to third parties.  

    Subd. 6.  The provisions of this section apply only to 
 leases or licenses of residential premises concluded or renewed 
 on or after June 15, 1971.  For the purposes of this section 
 estates at will shall be deemed to be renewed at the 
 commencement of each rental period. 

    HIST: 1971 c 219 s 1; 1986 c 444; 1992 c 376 art 1 s 3 

     504.181 Covenant of lessor and lessee not to allow 
  unlawful activities. 

    Subdivision 1.    Terms of covenant.  In every lease or 
 license of residential premises, whether in writing or parol, 
 the lessor or licensor and the lessee or licensee covenant that: 

    (1) neither will: 

    (i) unlawfully allow controlled substances in those 
 premises or in the common area and curtilage of the premises; 

    (ii) allow prostitution or prostitution-related activity as 
 defined in section 617.80, subdivision 4, to occur on the 
 premises or in the common area and curtilage of the premises; or 

    (iii) allow the unlawful use or possession of a firearm in 
 violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
 on the premises or in the common area and curtilage of the 
 premises; and 

    (2) the common area and curtilage of the premises will not 
 be used by either the lessor or licensor or the lessee or 
 licensee or others acting under the control of either to 
 manufacture, sell, give away, barter, deliver, exchange, 
 distribute, purchase, or possess a controlled substance in 
 violation of any criminal provision of chapter 152. 

    The covenant is not violated when a person other than the 
 lessor or licensor or the lessee or licensee possesses or allows 
 controlled substances in the premises, common area, or 
 curtilage, unless the lessor or licensor or the lessee or 
 licensee knew or had reason to know of that activity.  

    Subd. 2.    Breach voids right to possession.  A breach 
 of the covenant created by subdivision 1 voids the lessee's or 
 licensee's right to possession of the residential premises.  All 
 other provisions of the lease or license, including but not 
 limited to the obligation to pay rent, remain in effect until 
 the lease is terminated by the terms of the lease or operation 
 of law. 

    If the lessor or licensee breaches the covenant created by 
 subdivision 1, the landlord may bring, or assign to the county 
 attorney of the county in which the residential premises are 
 located, the right to bring an unlawful detainer action against 
 the lessee or licensee.  The assignment must be in writing on a 
 form provided by the county attorney, and the county attorney 
 may determine whether to accept the assignment.  If the county 
 attorney accepts the assignment of the landlord's right to bring 
 an unlawful detainer action: 

    (1) any court filing fee that would otherwise be required 
 in an unlawful detainer action is waived; and 

    (2) the landlord retains all the rights and duties, 
 including removal of the lessee's or licensee's personal 
 property, following issuance of the writ of restitution and 
 delivery of the writ to the sheriff for execution. 

    Subd. 3.    Waiver not allowed.  The parties to a lease 
 or license of residential premises may not waive or modify the 
 covenant imposed by this section. 

    HIST: 1989 c 305 s 1; 1991 c 193 s 1; 1992 c 533 s 1; 1996 c 
 328 s 4; 1997 c 239 art 12 s 4 

     504.183 Tenant's right to privacy. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, the following terms have the meanings given them. 

    (a) "Building" has the meaning given in section 566.18, 
 subdivision 7. 

    (b) "Landlord" means the owner as defined in section 
 566.18, subdivision 3, the owner's agent, or other person acting 
 under the owner's direction and control. 

    (c) "Tenant" has the meaning given in section 566.18, 
 subdivision 2. 

    Subd. 2.    Entry by landlord.  Except as provided in 
 subdivision 4, a landlord may enter the premises rented by a 
 tenant only for a reasonable business purpose and after making a 
 good faith effort to give the tenant reasonable notice under the 
 circumstances of the intent to enter.  A tenant may not waive 
 and the landlord may not require the tenant to waive the 
 tenant's right to prior notice of entry under this section as a 
 condition of entering into or maintaining the lease. 

    Subd. 3.    Reasonable purpose.  For purposes of 
 subdivision 2, a reasonable business purpose includes, but is 
 not limited to: 

    (1) showing the unit to prospective tenants during the 
 notice period before the lease terminates or after the current 
 tenant has given notice to move to the owner or owner's agent; 

    (2) showing the unit to a prospective buyer or to an 
 insurance representative; 

    (3) performing maintenance work; 

    (4) allowing inspections by state, county, or city 
 officials charged in the enforcement of health, housing, 
 building, fire prevention, or housing maintenance codes; 

    (5) the tenant is causing a disturbance within the unit; 

    (6) the landlord has a reasonable belief that the tenant is 
 violating the lease within the tenant's unit; 

    (7) prearranged housekeeping work in senior housing where 
 80 percent or more of the tenants are age 55 or older; 

    (8) the landlord has a reasonable belief that the unit is 
 being occupied by an individual without a legal right to occupy 
 it; or 

    (9) the tenant has vacated the unit. 

    Subd. 4.    Exception to notice requirement.  
 Notwithstanding subdivision 2, a landlord may enter the premises 
 rented by a tenant to inspect or take appropriate action without 
 prior notice to the tenant if the landlord reasonably suspects 
 that:  

    (1) immediate entry is necessary to prevent injury to 
 persons or property because of conditions relating to 
 maintenance, building security, or law enforcement; 

    (2) immediate entry is necessary to determine a tenant's 
 safety; or 

    (3) immediate entry is necessary in order to comply with 
 local ordinances regarding unlawful activity occurring within 
 the tenant's premises. 

    Subd. 5.    Entry without tenant's presence.  If the 
 landlord enters when the tenant is not present and prior notice 
 has not been given, the landlord shall disclose the entry by 
 placing a written disclosure of the entry in a conspicuous place 
 in the premises. 

    Subd. 6.    Penalty.  If a landlord substantially 
 violates subdivision 2, the 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 504.20, and up to a $100 civil penalty for each 
 violation.  If a landlord violates subdivision 5, the tenant is 
 entitled to up to a $100 civil penalty for each violation.  A 
 tenant shall follow the procedures in sections 566.18 to 566.33 
 to enforce the provisions of this section. 

    Subd. 7.    Exemption.  This section does not apply to 
 tenants and landlords of manufactured home parks as defined in 
 section 327C.01. 

    HIST: 1995 c 226 art 4 s 21; 1996 c 367 s 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. 

    (d) "Single-metered residential building" means a multiunit 
 rental building with one or more separate residential living 
 units where the utility service measured through a single meter 
 provides service to an individual unit and to all or parts of 
 common areas or other units. 

    Subd. 1a.    Single-meter utility service payments.  In 
 a residential leasehold contract entered into or renewed on or 
 after August 1, 1995, the owner of a single-metered residential 
 building shall be the bill payer responsible, and shall be the 
 customer of record contracting with the utility for utility 
 services.  The owner must advise the utility provider that the 
 utility services apply to a single-metered residential 
 building.  A failure by the owner to comply with this 
 subdivision is a violation of sections 504.18, subdivision 1, 
 clause (a), and 504.26.  This subdivision may not be waived by 
 contract or otherwise.  This subdivision does not require an 
 owner to contract and pay for utility service provided to each 
 residential unit through a separate meter which accurately 
 measures that unit's use only. 

    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 issued a 
 final notice or has posted the building proposing to disconnect 
 or discontinued the service to the building because an owner who 
 has contracted for the service has failed to pay for it or 
 because an owner is required by law or contract to pay for the 
 service and fails to do so, a tenant or group of tenants may pay 
 to have the service continued or 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. 

    HIST: 1988 c 470 s 1; 1992 c 376 art 1 s 4; 1995 c 192 s 1,2 

  504.19 Repealed, 1973 c 561 s 2 

     504.20 Interest on security deposits; withholding 
  security deposits; damages. 

    Subdivision 1.  Any deposit of money, the function of which 
 is to secure the performance of a residential rental agreement 
 or any part of such an agreement, other than a deposit which is 
 exclusively an advance payment of rent, shall be governed by the 
 provisions of this section. 

    Subd. 2.  Any deposit of money shall not be considered 
 received in a fiduciary capacity within the meaning of section 
 82.17, subdivision 7, but shall be held by the landlord for the 
 tenant who is party to the agreement and shall bear simple 
 noncompounded interest at the rate of three percent per annum 
 until May 1, 1999, and four percent per annum thereafter, 
 computed from the first day of the next month following the full 
 payment of the deposit to the last day of the month in which the 
 landlord, in good faith, complies with the requirements of 
 subdivision 3 or to the date upon which judgment is entered in 
 any civil action involving the landlord's liability for the 
 deposit, whichever date is earlier.  Any interest amount less 
 than $1 shall be excluded from the provisions of this section. 

    Subd. 3.  (a) Every landlord shall: 

    (1) within three weeks after termination of the tenancy; or 

    (2) within five days of the date when the tenant leaves the 
 building or dwelling due to the legal condemnation of the 
 building or dwelling in which the tenant lives for reasons not 
 due to willful, malicious, or irresponsible conduct of the 
 tenant, 

 and after receipt of the tenant's mailing address or delivery 
 instructions, return the deposit to the tenant, with interest 
 thereon as above provided, or furnish to the tenant a written 
 statement showing the specific reason for the withholding of the 
 deposit or any portion thereof. 

    (b) It shall be sufficient compliance with the time 
 requirement of this subdivision if the deposit or written 
 statement required by this subdivision is placed in the United 
 States mail as first class mail, postage prepaid, in an envelope 
 with a proper return address, correctly addressed according to 
 the mailing address or delivery instructions furnished by the 
 tenant, within the time required by this subdivision.  The 
 landlord may withhold from the deposit only amounts reasonably 
 necessary: 

    (1) to remedy tenant defaults in the payment of rent or of 
 other funds due to the landlord pursuant to an agreement; or 

    (2) to restore the premises to their condition at the 
 commencement of the tenancy, ordinary wear and tear excepted. 

    (c) In any action concerning the deposit, the burden of 
 proving, by a fair preponderance of the evidence, the reason for 
 withholding all or any portion of the deposit shall be on the 
 landlord. 

    Subd. 4.  Any landlord who fails to:  

    (1) provide a written statement within three weeks of 
 termination of the tenancy; 

    (2) provide a written statement within five days of the 
 date when the tenant leaves the building or dwelling due to the 
 legal condemnation of the building or dwelling in which the 
 tenant lives for reasons not due to willful, malicious, or 
 irresponsible conduct of the tenant; or 

    (3) transfer or return a deposit as required by subdivision 
 5, 

 after receipt of the tenant's mailing address or delivery 
 instructions, as required in subdivision 3, shall be liable to 
 the tenant for damages in an amount equal to the portion of the 
 deposit withheld by the landlord and interest thereon as 
 provided in subdivision 2, as a penalty, in addition to the 
 portion of the deposit wrongfully withheld by the landlord and 
 interest thereon. 

    Subd. 5.  Upon termination of the landlord's interest in 
 the premises, whether by sale, assignment, death, appointment of 
 receiver or otherwise, the landlord or the landlord's agent 
 shall, within 60 days of termination of the interest or when the 
 successor in interest is required to return or otherwise account 
 for the deposit to the tenant, whichever occurs first, do one of 
 the following acts, either of which shall relieve the landlord 
 or agent of further liability with respect to such deposit: 

    (a) transfer such deposit, or any remainder after any 
 lawful deductions made under subdivision 3, with interest 
 thereon as provided in subdivision 2, to the landlord's 
 successor in interest and thereafter notify the tenant of such 
 transfer and of the transferee's name and address; or 

    (b) return such deposit, or any remainder after any lawful 
 deductions made under subdivision 3, with interest thereon as 
 provided in subdivision 2, to the tenant. 

    Subd. 6.  Upon termination of the landlord's interest in 
 the premises, whether by sale, assignment, death, appointment of 
 receiver or otherwise, the landlord's successor in interest 
 shall have all of the rights and obligations of the landlord 
 with respect to such deposit, except, that if tenant does not 
 object to the stated amount within 20 days after written notice 
 to tenant of the amount of deposit being transferred or assumed, 
 the obligation of the landlord's successor to return such 
 deposit shall be limited to the amount contained in such 
 notice.  Such notice shall contain a stamped envelope addressed 
 to landlord's successor and may be given by mail or by personal 
 service. 

    Subd. 7.  The bad faith retention by a landlord of a 
 deposit, the interest thereon, or any portion thereof, in 
 violation of this section shall subject the landlord to punitive 
 damages not to exceed $200 for each deposit in addition to the 
 damages provided in subdivision 4.  If the landlord has failed 
 to comply with the provisions of subdivision 3 or 5, retention 
 of a deposit shall be presumed to be in bad faith unless the 
 landlord returns the deposit within two weeks after the 
 commencement of any action for the recovery of the deposit. 

    Subd. 7a.  No tenant may withhold payment of all or any 
 portion of rent for the last payment period of a residential 
 rental agreement, except an oral or written month to month 
 residential rental agreement concerning which neither the tenant 
 nor landlord has served a notice to quit, on the grounds that 
 the deposit should serve as payment for the rent.  Withholding 
 all or any portion of rent for the last payment period of the 
 residential rental agreement creates a rebuttable presumption 
 that the tenant withheld the last payment on the grounds that 
 the deposit should serve as payment for the rent.  Any tenant 
 who remains in violation of this subdivision after written 
 demand and notice of this subdivision shall be liable to the 
 landlord for damages in an amount equal to the portion of the 
 deposit which the landlord is entitled to withhold under 
 subdivision 3 other than to remedy the tenant's default in the 
 payment of rent, plus interest on the deposit as provided in 
 subdivision 2, as a penalty, in addition to the amount of rent 
 withheld by the tenant in violation of this subdivision. 

    Subd. 7b.  An action, including an action in conciliation 
 court, for the recovery of a deposit on rental property may be 
 brought in the county where the rental property is located, or 
 at the option of the tenant, in the county of the landlord's 
 residence. 

    Subd. 8.  Any attempted waiver of this section by a 
 landlord and tenant, by contract or otherwise, shall be void and 
 unenforceable. 

    Subd. 9.  The provisions of this section shall apply only 
 to tenancies commencing or renewed on or after July 1, 1973.  
 For the purposes of this section, estates at will shall be 
 deemed to be renewed at the commencement of each rental period. 

    HIST: 1973 c 561 s 1; 1974 c 406 s 78; 1975 c 410 s 9; 1977 c 
 129 s 7; 1977 c 280 s 1-5; 1984 c 565 s 1; 1986 c 444; 1992 c 
 376 art 1 s 5-8; 1992 c 555 art 2 s 1,2; 1996 c 357 s 1,3 

*   NOTE:  The reversion of the interest rate to four percent 
*provided by subdivision 2 is subject to review by the 
*legislature in the 1998 session.  Laws 1996, chapter 357, 
*section 2.

     504.201 Restriction on lease terms for buildings in 
  financial distress. 

    Subdivision 1.    Definitions.  The definitions of 
 "owner," "tenant," and "building" in section 566.18 apply to 
 this section.  For purposes of this section, the term "building" 
 does not include a manufactured home park as defined in section 
 327C.01, subdivision 5. 

    Subd. 2.    Lease terms.  Once an owner has received 
 notice of a contract for deed cancellation under section 559.21 
 or notice of a mortgage foreclosure sale under chapter 580 or 
 582, the owner may enter into a periodic lease agreement with a 
 term of two months or less or a fixed term tenancy not extending 
 beyond the cancellation period or owner's period of redemption 
 until: 

    (1) the contract for deed has been reinstated or paid in 
 full; 

    (2) the mortgage default has been cured and the mortgage 
 reinstated; 

    (3) the mortgage has been satisfied; 

    (4) the property has been redeemed from a foreclosure sale; 
 or 

    (5) a receiver has been appointed. 

    HIST: 1993 c 317 s 3 

     504.21 Restriction on automatic renewals of leases. 

    Notwithstanding the provisions of any lease of real 
 property used for residential purposes, no person shall have the 
 right to enforce any automatic renewal clause of a lease of an 
 original term of two months or more which states, in effect, 
 that the term thereof shall be deemed renewed for a specified 
 additional period of time of two months or more unless the 
 lessee or tenant gives notice to the lessor of an intention to 
 quit the premises at the expiration of the term due to expire, 
 unless the lessor or the lessor's agent, within 15 days prior to 
 the time that the lessee or tenant is required to furnish notice 
 of an intention to quit, but not more than 30 days prior 
 thereto, shall give to the tenant written notice, served 
 personally or by certified mail, directing the lessee's or 
 tenant's attention to the automatic renewal provision of the 
 lease. 

    HIST: 1973 c 603 s 1; 1978 c 598 s 1; 1978 c 674 s 60; 1986 c 
 444 

     504.215 Tenant's right to seek police and emergency 
  assistance. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section. 

    (b) "Domestic abuse" has the meaning given in section 
 518B.01, subdivision 2. 

    (c) "Landlord" means the owner as defined in section 
 566.18, subdivision 3, the owner's agent, or a person acting 
 under the owner's direction and control. 

    (d) "Tenant" has the meaning given in section 566.18, 
 subdivision 2. 

    Subd. 2.    Emergency calls permitted.  (a) A landlord 
 may not: 

    (1) bar or limit a tenant's right to call for police or 
 emergency assistance in response to domestic abuse or any other 
 conduct; or 

    (2) impose a penalty on a tenant for calling for police or 
 emergency assistance in response to domestic abuse or any other 
 conduct. 

    (b) A tenant may not waive and a landlord may not require 
 the tenant to waive the tenant's right to call for police or 
 emergency assistance. 

    Subd. 3.    Local preemption.  This section preempts any 
 inconsistent local ordinance or rule including, without 
 limitation, any ordinance or rule that: 

    (1) requires an eviction after a specified number of calls 
 by a tenant for police or emergency assistance in response to 
 domestic abuse or any other conduct; or 

    (2) provides that calls by a tenant for police or emergency 
 assistance in response to domestic abuse or any other conduct 
 may be used to penalize or charge a fee to a landlord. 

    This subdivision shall not otherwise preempt any local 
 ordinance or rule that penalizes a landlord for, or requires a 
 landlord to abate, conduct on the premises that constitutes a 
 nuisance or other disorderly conduct as defined by local 
 ordinance or rule. 

    Subd. 4.    Tenant responsibility.  This section shall 
 not be construed to condone or permit any breach of a lease or 
 of law by a tenant including, but not limited to, disturbing the 
 peace and quiet of other tenants, damage to property, and 
 disorderly conduct. 

    Subd. 5.    Tenant remedies.  A tenant may bring a civil 
 action for a violation of this section and recover from the 
 landlord $250 or actual damages, whichever is greater, and 
 reasonable attorney's fees. 

    Subd. 6.    Attorney general authority.  The attorney 
 general has authority under section 8.31 to investigate and 
 prosecute violations of this section. 

    HIST: 1997 c 133 s 1 

     504.22 Definitions, disclosure and actions. 

    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 504.22, subdivision 
 4a, 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.  

    Subd. 2.    Disclosure to tenant.  There shall be 
 disclosed to the tenant either in the rental agreement or 
 otherwise in writing prior to commencement of the tenancy the 
 name and address of: 

    (1) the person authorized to manage the premises; and 

    (2) an owner of the premises or an agent authorized by the 
 owner to accept service of process and receive and give receipt 
 for notices and demands.  

    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 471.9995, the owner shall also place in a 
 conspicuous place on the premises a notice that states that a 
 copy of the statement required by subdivision 4a, 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.  

    Subd. 4.    Service of process.  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 subdivision 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 the owner's 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. 

    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 this chapter and chapter 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. 

    Subd. 5.    Information required for maintenance of 
 action.  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 subdivision 3, or 471.9995 shall not prevent 
 any action to recover rent or possession of the premises.  

    Subd. 6.    Notice to owner.  Any tenant who moves from 
 or subleases the premises without giving the owner at least 30 
 days written notice shall void any provision of this section and 
 section 504.23, as to such tenant.  

    Subd. 7.    Successors.  This section extends to and is 
 enforceable against any successor owner, caretaker, manager, or 
 individual to whom rental payments for the premises are made.  

    HIST: 1974 c 370 s 1; 1984 c 586 s 1-5; 1986 c 444 

     504.23 Code violations, disclosure. 

    All code violation records pertaining to a particular 
 parcel of real property and the buildings, improvements and 
 dwelling units located thereon kept by any state, county or city 
 agency charged by the governing body of the appropriate 
 political subdivision with the responsibility for enforcing a 
 state, county or city health, housing, building, fire prevention 
 or housing maintenance code shall be available to all persons 
 having a reasonable need for the information contained in the 
 records relating to the premises, at reasonable times and upon 
 reasonable notice to the custodian of the records, for 
 inspection, examination, abstracting or copying at the expense 
 of the person obtaining the information.  The persons to whom 
 the records shall be available under this section include but 
 are not limited to the following persons and their 
 representatives: 

    (a) any person having any legal or beneficial interest in 
 the premises, including a tenant; 

    (b) any person considering in good faith the lease or 
 purchase of the premises; 

    (c) any person authorized to request an inspection under 
 section 566.19; and 

    (d) a party to any action related to the premises, 
 including actions maintained pursuant to sections 504.18 and 
 566.18 to 566.33. 

    HIST: 1974 c 370 s 2; 1990 c 451 s 1 

     504.24 Property abandonment. 

    Subdivision 1.  If a tenant abandons rented premises the 
 landlord may take possession of the tenant's personal property 
 remaining on the premises, and shall store and care for the 
 property.  The landlord has a claim against the tenant for 
 reasonable costs and expenses incurred in removing the tenant's 
 property and in storing and caring for the property.  The 
 landlord may sell or otherwise dispose of the property 60 days 
 after the landlord receives actual notice of the abandonment or 
 60 days after it reasonably appears to the landlord that the 
 tenant has abandoned the premises whichever occurs last and may 
 apply a reasonable amount of the proceeds of the sale to the 
 removal, care, and storage costs and expenses or to any claims 
 authorized pursuant to section 504.20, subdivision 3, clauses 
 (a) and (b).  Any remaining proceeds of the sale shall be paid 
 to the tenant upon written demand.  Prior to the sale the 
 landlord shall make reasonable efforts to notify the tenant of 
 the sale at least 14 days prior to the sale, by personal service 
 in writing or sending written notification of the sale by 
 certified mail, return receipt requested, to the tenant's last 
 known address or usual place of abode, if known by the landlord, 
 and by posting notice of the sale in a conspicuous place on the 
 premises for at least two weeks.  

    Subd. 2.  If a landlord, an agent or other person acting 
 under the landlord's direction or control, in possession of a 
 tenant's personal property, fails to allow the tenant to retake 
 possession of the property within 24 hours after written demand 
 by the tenant or the tenant's duly authorized representative or 
 within 48 hours, exclusive of weekends and holidays, after 
 written demand by the tenant or a duly authorized representative 
 when the landlord, the landlord's agent or person acting under 
 the landlord's direction or control has removed and stored the 
 personal property in accordance with subdivision 1 in a location 
 other than the premises, the tenant shall recover from the 
 landlord punitive damages not to exceed $300 in addition to 
 actual damages and reasonable attorney's fees.  In determining 
 the amount of punitive damages the court shall consider (a) the 
 nature and value of the property; (b) the effect the deprivation 
 of the property has had on the tenant; (c) if the landlord, an 
 agent or other person acting under the landlord's direction or 
 control unlawfully took possession of the tenant's property; and 
 (d) if the landlord, an agent or other person under the 
 landlord's direction or control acted in bad faith in failing to 
 allow the tenant to retake possession of the property.  The 
 provisions of this subdivision shall not apply to personal 
 property which has been sold or otherwise disposed of by the 
 landlord in accordance with subdivision 1, or to landlords who 
 are housing authorities, created or authorized to be created by 
 sections 469.001 to 469.047, and their agents and employees, in 
 possession of a tenant's personal property, except that housing 
 authorities must allow the tenant to retake possession of the 
 property in accordance with this subdivision. 

    Subd. 3.  If the landlord, an agent or other person acting 
 under the landlord's direction or control has unlawfully taken 
 possession of a tenant's personal property the landlord shall be 
 responsible for paying the cost and expenses relating to the 
 removal, storage or care of the property.  

    HIST: 1975 c 410 s 1; 1982 c 424 s 110; 1986 c 444; 1987 c 291 
 s 241 

     504.245 Action for rental of condemned residential 
  premises. 

    A landlord, agent, or person acting under the landlord's 
 direction or control may not accept rent or a security deposit 
 for residential rental property from a tenant after the leased 
 premises have been condemned or declared unfit for human 
 habitation by the applicable state or local authority, if the 
 tenancy commenced after the premises were condemned or declared 
 unfit for human habitation.  If a landlord, agent, or a person 
 acting under the landlord's direction or control violates this 
 section, the landlord is liable to the tenant for actual damages 
 and an amount equal to three times the amount of all money 
 collected from the tenant after the date of condemnation or 
 declaration, plus costs and attorney fees. 

    HIST: 1988 c 526 s 1 

     504.246 Disclosure required for outstanding inspection 
  and condemnation orders. 

    Subdivision 1.    Disclosure to tenant.  (a) Except as 
 provided in subdivision 3, a landlord, agent, or person acting 
 under the landlord's direction or control shall provide a copy 
 of all outstanding inspection orders for which a citation has 
 been issued, pertaining to a rental unit or common area, 
 specifying code violations issued under section 566.19, that the 
 housing inspector identifies as requiring notice because the 
 violations threaten the health or safety of the tenant, and all 
 outstanding condemnation orders and declarations that the 
 premises are unfit for human habitation to: 

    (1) a tenant, as defined in section 566.18, either by 
 delivery or by United States mail, postage prepaid, within 72 
 hours after issuance of the citation; 

    (2) a person before signing a lease or paying rent or a 
 security deposit to begin a new tenancy; and 

    (3) a person prior to obtaining new ownership of the 
 property subject to the order or declaration. 

    The housing inspector shall indicate on the inspection 
 order whether the violation threatens the health or safety of a 
 tenant or prospective tenant. 

    (b) If an inspection order, for which a citation has been 
 issued, does not involve code violations that threaten the 
 health or safety of the tenants, the landlord, agent, or person 
 acting under the landlord's control shall post a summary of the 
 inspection order in a conspicuous place in each building 
 affected by the inspection order, along with a notice that the 
 inspection order will be made available by the landlord for 
 review, upon a request of a tenant or prospective tenant.  The 
 landlord shall provide a copy of the inspection order for review 
 by a tenant or a prospective tenant as required under this 
 subdivision. 

    Subd. 2.    Penalty.  If the landlord, agent, or person 
 acting under the landlord's direction or control violates this 
 section, the tenant is entitled to remedies provided by section 
 8.31, subdivision 3a, and other equitable relief as determined 
 by the court. 

    Subd. 3.    Exception.  A landlord, agent, or person 
 acting under the landlord's direction or control is not in 
 violation of this section if: 

    (1) the landlord, agent, or person acting under the 
 landlord's direction or control has received only an initial 
 order to repair; 

    (2) the time allowed to complete the repairs, including any 
 extension of the deadline, has not yet expired, or less than 60 
 days has elapsed since the expiration date of repair orders and 
 any extension or no citation has been issued; or 

    (3) the landlord, agent, or person acting under the 
 landlord's direction or control completes the repairs within the 
 time given to repair, including any extension of the deadline. 

    Subd. 4.    Landlord's defense.  It is an affirmative 
 defense in an action brought under this section for the 
 landlord, agent, or person acting under the landlord's control 
 to prove that disclosure was made as required under subdivision 
 1. 

    HIST: 1993 c 317 s 4 

     504.25 Unlawful ouster or exclusion; penalty.  

    A landlord, agent of the landlord or person acting under 
 the landlord's direction or control who unlawfully and 
 intentionally removes or excludes a tenant from lands or 
 tenements or intentionally interrupts or causes the interruption 
 of electrical, heat, gas or water services to the tenant with 
 intent to unlawfully remove or exclude the tenant from lands or 
 tenements is guilty of a misdemeanor.  In any trial under this 
 subdivision, it shall be presumed that the landlord, agent or 
 other person acting under the landlord's direction or control 
 interrupted or caused the interruption of the service with 
 intent to unlawfully remove or exclude the tenant from lands or 
 tenements, if it is established by evidence that the landlord, 
 an agent or other person acting under the landlord's direction 
 or control intentionally interrupted or caused the interruption 
 of the service to the tenant.  The burden is upon the landlord 
 to rebut the presumption.  

    HIST: 1975 c 410 s 2; 1986 c 444 

     504.255 Unlawful ouster or exclusion; damages. 

    If a landlord, an agent, or other person acting under the 
 landlord's direction or control, unlawfully and in bad faith 
 removes, excludes, or forcibly keeps out a tenant from a 
 residential premises, the tenant may recover from the landlord 
 treble damages or $500, whichever is greater, and reasonable 
 attorney's fees.  

    HIST: 1984 c 612 s 1; 1986 c 444; 1989 c 328 art 2 s 1 

     504.257 Unlawful destruction; damages. 

    An action may be brought for willful and malicious 
 destruction of leased residential rental property.  The 
 prevailing party may recover actual damages, costs, and 
 reasonable attorney fees, as well as other equitable relief as 
 determined by the court. 

    HIST: 1993 c 165 s 2 

     504.26 Unlawful termination of utilities. 

    Except as otherwise provided in this section, if a 
 landlord, an agent or other person acting under the landlord's 
 direction or control, interrupts or causes the interruption of 
 electricity, heat, gas, or water services to the tenant, the 
 tenant may recover from the landlord treble damages or $500, 
 whichever is greater, and reasonable attorney's fees.  It is a 
 defense to any action brought under this section that the 
 interruption was the result of the deliberate or negligent act 
 or omission of a tenant or anyone acting under the direction or 
 control of the tenant.  The tenant may recover only actual 
 damages under this section if: 

    (a) the tenant has not given the landlord, an agent or 
 other person acting under the landlord's direction or control, 
 notice of the interruption; or 

    (b) the landlord, an agent or other person acting under the 
 landlord's direction or control, after receiving notice of the 
 interruption from the tenant and within a reasonable period of 
 time after the interruption, taking into account the nature of 
 the service interrupted and the effect of the interrupted 
 service on the health, welfare and safety of the tenants, has 
 reinstated or made a good faith effort to reinstate the service 
 or has taken other remedial action; or 

    (c) the interruption was for the purpose of repairing or 
 correcting faulty or defective equipment or protecting the 
 health and safety of the occupants of the premises involved and 
 the service was reinstated or a good faith effort was made to 
 reinstate the service or other remedial action was taken by the 
 landlord, an agent, or other person acting under the landlord's 
 direction or control within a reasonable period of time, taking 
 into account the nature of the defect, the nature of the service 
 interrupted and the effect of the interrupted service on the 
 health, welfare and safety of the tenants.  

    HIST: 1975 c 410 s 3; 1986 c 444; 1989 c 328 art 2 s 2 

     504.265 Restrictions on eviction due to familial status. 

    Subdivision 1.  As used in this section, (a) "tenant" shall 
 have the meaning assigned to it in section 566.18, and (b) 
 "familial status" shall have the meaning assigned to it in 
 section 363.01, subdivision 19.  

    Subd. 2.  No tenant of residential premises may be evicted, 
 denied a continuing tenancy, or denied a renewal of a lease on 
 the basis of familial status commenced during the tenancy unless 
 one year has elapsed from the commencement of the familial 
 status and the lessor has given the tenant six months prior 
 notice in writing, except in case of nonpayment of rent, damage 
 to the premises, disturbance of other tenants, or other breach 
 of the lease. 

    HIST: 1980 c 531 s 9; 1990 c 567 s 10 

     504.27 Remedies are additional. 

    The remedies provided in sections 504.24 to 504.26 are in 
 addition to and shall not limit other rights or remedies 
 available to landlords and tenants.  Any provision, whether oral 
 or written, of any lease or other agreement, whereby any 
 provision of sections 504.24 to 504.27 is waived by a tenant is 
 contrary to public policy and void.  The provisions of sections 
 504.24 to 504.27 shall apply only to tenants as that term is 
 defined in section 566.18, subdivision 2, and buildings as that 
 term is defined in section 566.18, subdivision 7.  The 
 provisions of sections 504.24, 504.25, 504.255, and 504.26 apply 
 to occupants and owners of residential real property which is 
 the subject of a mortgage foreclosure or contract for deed 
 cancellation and as to which the period for redemption or 
 reinstatement of the contract has expired. 

    HIST: 1975 c 410 s 4; 1992 c 376 art 1 s 9 

     504.28 Termination of lease upon death of lessee. 

    Subdivision 1.    Termination of lease.  Any party to a 
 lease of residential premises other than a lease at will may 
 terminate the lease prior to its expiration date in the manner 
 provided in subdivision 2 upon the death of the lessee or, if 
 there is more than one lessee, upon the death of all lessees.  

    Subd. 2.    Notice.  Either the lessor or the personal 
 representative of the lessee's estate may terminate the lease 
 upon at least two months' written notice, to be effective on the 
 last day of a calendar month, and hand delivered or mailed by 
 postage prepaid, first class United States mail, to the address 
 of the other party.  The lessor may comply with the notice 
 requirement of this subdivision by delivering or mailing the 
 notice to the premises formerly occupied by the lessee.  The 
 termination of a lease under this section shall not relieve the 
 lessee's estate from liability either for the payment of rent or 
 other sums owed prior to or during the notice period, or for the 
 payment of amounts necessary to restore the premises to their 
 condition at the commencement of the tenancy, ordinary wear and 
 tear excepted.  

    Subd. 3.    Waiver prohibited.  Any attempted waiver by 
 a lessor and lessee or lessee's personal representative, by 
 contract or otherwise, of the right of termination provided by 
 this section, and any lease provision or agreement requiring a 
 longer notice period than that provided by this section, shall 
 be void and unenforceable; provided, however, that the lessor 
 and lessee or lessee's personal representative may agree to 
 otherwise modify the specific provisions of this section.  

    Subd. 4.    Applicability.  The provisions of this 
 section shall apply to leases entered into or renewed after May 
 12, 1981. 

    HIST: 1981 c 168 s 2 

     504.29 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to sections 504.29 to 504.31.  

    Subd. 2.    Owner.  "Owner" has the meaning given it in 
 section 566.18, subdivision 3. 

    Subd. 2a.    Proper identification.  "Proper 
 identification" means information generally considered 
 sufficient to identify a person, including a Minnesota driver's 
 license, a Minnesota identification card, other forms of 
 identification provided by a unit of government, a notarized 
 statement of identity with a specimen signature of the person, 
 or other reasonable form of identification.  

    Subd. 3.    Tenant.  "Tenant" has the meaning given it 
 in section 566.18, subdivision 2. 

    Subd. 4.    Tenant report.  "Tenant report" means a 
 written, oral, or other communication by a tenant screening 
 service that includes information concerning an individual's 
 credit worthiness, credit standing, credit capacity, character, 
 general reputation, personal characteristics, or mode of living, 
 and that is collected, used, or expected to be used for the 
 purpose of making decisions relating to residential tenancies or 
 residential tenancy applications. 

    Subd. 5.    Tenant screening service.  "Tenant screening 
 service" means a person or business regularly engaged in the 
 practice of gathering, storing, or disseminating information 
 about tenants or assembling tenant reports for monetary fees, 
 dues, or on a cooperative nonprofit basis.  

    HIST: 1989 c 328 art 2 s 3; 1993 c 317 s 5 

     504.30 Tenant reports; disclosure and corrections. 

    Subdivision 1.    Disclosures required.  (a) Upon 
 request and proper identification, a tenant screening service 
 must disclose the following information to an individual: 

    (1) the nature and substance of all information in its 
 files on the individual at the time of the request; and 

    (2) the sources of the information. 

    A tenant screening service must make the disclosures to an 
 individual without charge if information in a tenant report has 
 been used within the past 30 days to deny the rental or increase 
 the security deposit or rent of a residential housing unit to 
 the individual.  If the tenant report has not been used to deny 
 the rental or increase the rent or security deposit of a 
 residential housing unit within the past 30 days, the tenant 
 screening service may impose a reasonable charge for making the 
 disclosure required under this section.  The tenant screening 
 service must notify the tenant of the amount of the charge 
 before furnishing the information.  The charge may not exceed 
 the amount that the tenant screening service would impose on 
 each designated recipient of a tenant report, except that no 
 charge may be made for notifying persons of the deletion of 
 information which is found to be inaccurate or which can no 
 longer be verified. 

    (b) Files maintained on a tenant must be disclosed promptly 
 as established in clauses (1) to (4). 

    (1) A tenant file must be disclosed in person, during 
 normal business hours, at the location where the tenant 
 screening service maintains its files, if the tenant appears in 
 person and furnishes proper identification at that time. 

    (2) A tenant file must be disclosed by mail, if the tenant 
 makes a written request with proper identification for a copy of 
 the information contained in the tenant report and requests that 
 the information be sent to a specified address.  A disclosure 
 made under this clause shall be deposited in the United States 
 mail, postage prepaid, within five business days after the 
 written request for disclosure is received by the tenant 
 screening service.  A tenant screening service complying with a 
 request for disclosure under this clause shall not be liable for 
 disclosures to third parties caused by mishandling mail, 
 provided that the tenant file information is mailed to the 
 address specified by the tenant in the request. 

    (3) A summary of the information in a tenant file must be 
 disclosed by telephone, if the tenant has made a written request 
 with proper identification for telephone disclosure. 

    (4) Information in a tenant's file required to be disclosed 
 in writing under this subdivision may be disclosed in any other 
 form including electronic means if authorized by the tenant and 
 available from the tenant screening service. 

    Subd. 2.    Corrections.  If the completeness or 
 accuracy of an item of information contained in an individual's 
 file is disputed by the individual, the tenant screening service 
 must reinvestigate and record the current status of the 
 information.  If the information is found to be inaccurate or 
 can no longer be verified, the tenant screening service must 
 delete the information from the individual's file and tenant 
 report.  At the request of the individual, the tenant screening 
 service must give notification of the deletions to persons who 
 have received the tenant report within the past six months.  

    Subd. 3.    Explanations.  The tenant screening service 
 must permit an individual to explain any unlawful detainer 
 report or any disputed item not resolved by reinvestigation in a 
 tenant report.  The explanation must be included in the tenant 
 report.  The tenant screening service may limit the explanation 
 to no more than 100 words.  

    Subd. 4.    Court file information.  (a) If a tenant 
 screening service includes information from a court file on an 
 individual in a tenant report, the report must provide the full 
 name and date of birth of the individual in any case where the 
 court file includes the individual's full name and date of 
 birth, and the outcome of the court proceeding must be 
 accurately recorded in the tenant report including the specific 
 basis of the court's decision, when available.  Whenever the 
 court supplies information from a court file on an individual, 
 in whatever form, the court shall include the full name and date 
 of birth of the individual, if that is indicated on the court 
 file or summary and information on the outcome of the court 
 proceeding, including the specific basis of the court's 
 decision, coded as provided in subdivision 4a for the type of 
 action, when it becomes available.  The tenant screening service 
 is not liable under section 504.31 if the tenant screening 
 service reports complete and accurate information as provided by 
 the court. 

    (b) A tenant screening service shall not provide tenant 
 reports containing information on unlawful detainer actions in 
 the second and fourth judicial districts, unless the tenant 
 report accurately records the outcome of the proceeding or other 
 disposition of the unlawful detainer action such as settlement, 
 entry of a judgment, default, or dismissal of the action. 

    Subd. 4a.    Unlawful detainer action coding.  The court 
 shall indicate on the court file or any summary of a court file 
 the specific basis of the court's decision in an unlawful 
 detainer action according to codes developed by the court that, 
 at a minimum, indicates if the basis of the court's decision is 
 nonpayment of rent, a violation of the covenants under section 
 504.18 or 504.181, other breach of a lease agreement, or a 
 counterclaim for possession of the premises under section 566.34.

    Subd. 5.    Information to tenant.  If the owner uses 
 information in a tenant report to deny the rental or increase 
 the security deposit or rent of a residential housing unit, the 
 owner must inform the prospective tenant of the name and address 
 of the tenant screening service that provided the tenant report. 

    HIST: 1989 c 328 art 2 s 4; 1993 c 317 s 6-8; 1996 c 328 s 5,6 

     504.31 Tenant report; remedies. 

    The remedies provided in section 8.31 apply to a violation 
 of section 504.30.  A tenant screening service or owner in 
 compliance with the provisions of the Fair Credit Reporting Act, 
 United States Code, title 15, section 1681, et seq., is 
 considered to be in compliance with section 504.30.  

    HIST: 1989 c 328 art 2 s 5 

     504.32 Notice requirement. 

    Subdivision 1.    Definitions.  The definitions of 
 "owner" and "tenant" in section 566.18 apply to this section. 

    Subd. 2.    Notice.  The owner of federally subsidized 
 rental housing must give tenants a one-year written notice under 
 the following conditions: 

    (1) a federal section 8 contract will expire; 

    (2) the owner will exercise the option to terminate or not 
 renew a federal section 8 contract and mortgage; 

    (3) the owner will prepay a mortgage and the prepayment 
 will result in the termination of any federal use restrictions 
 that apply to the housing; or 

    (4) the owner will terminate a housing subsidy program. 

    The notice shall be provided at the commencement of the 
 lease if the lease commences less than one year before any of 
 the above conditions apply. 

    HIST: 1989 c 328 art 2 s 6 

  504.33 Repealed, 1995 c 255 art 2 s 17 

  504.34 Repealed, 1995 c 255 art 2 s 17 

  504.35 Repealed, 1995 c 255 art 2 s 17 

     504.36 Pets in subsidized handicapped accessible rental 
  housing units. 

    In a multiunit residential building, a tenant of a 
 handicapped accessible unit, in which the tenant or the unit, 
 receives a subsidy that directly reduces or eliminates the 
 tenant's rent responsibility must be allowed to have two birds 
 or one spayed or neutered dog or one spayed or neutered cat.  A 
 renter under this section may not keep or have visits from an 
 animal that constitutes a threat to the health or safety of 
 other individuals, or causes a noise nuisance or noise 
 disturbance to other renters.  The landlord may require the 
 renter to pay an additional damage deposit in an amount 
 reasonable to cover damage likely to be caused by the animal.  
 The deposit is refundable at any time the renter leaves the unit 
 of housing to the extent it exceeds the amount of damage 
 actually caused by the animal. 

    HIST: 1993 c 369 s 145