1998 Minnesota Statutes

     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 

*   NOTE:  This section is repealed by Laws 1998, chapter 253, 
*section 80, effective July 1, 1999.  Laws 1998, chapter 253, 
*section 81.