1998 Minnesota Statutes

     504A.125 Habitability covenants of landlord. 

    Subdivision 1.    Requirements.  (a) A landlord 
 covenants that:  

    (1) the property and all common areas are fit for the use 
 intended by the landlord and residential tenant; 

    (2) the property is kept in reasonable repair during the 
 term of the lease, except when disrepair has been caused by the 
 willful, malicious, or irresponsible conduct of the residential 
 tenant or a person under the direction or control of the 
 residential tenant; and 

    (3) the property is maintained in compliance with the 
 applicable health and safety laws of: 

    (i) 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 

    (ii) the local units of government where the property is 
 located:  

 except that items (i) and (ii) do not apply when violation of 
 the health and safety laws has been caused by the willful, 
 malicious, or irresponsible conduct of the residential tenant or 
 a person under the direction or control of the residential 
 tenant.  

    (b) The landlord may agree with the residential tenant that 
 the residential tenant is to perform specified repairs or 
 maintenance, but only if the agreement is supported by adequate 
 consideration and is in conspicuous writing.  

    (c) The requirements in paragraph (a) are in addition to 
 any other requirements imposed by law, ordinance, or by the 
 terms of the lease.  

    (d) Nothing in this subdivision may be construed to alter 
 the liability of the landlord for injury to third parties.  

    Subd. 2.    Waiver not allowed.  The landlord and 
 residential tenant may not waive or modify the requirements of 
 subdivision 1, paragraph (a), under any circumstances including, 
 but not limited to: 

    (1) by agreement; or 

    (2) by permitting the residential tenant to inspect the 
 property before entering into a lease.  

    Subd. 3.    Applicability.  (a) This section applies 
 only to leases concluded or renewed on or after June 15, 1971. 

    (b) For the purposes of this section, tenancies at will are 
 considered renewed at the beginning of each rental period.  

    Subd. 4.    Liberal construction.  This section shall be 
 liberally construed.  

    HIST: 1998 c 253 s 6