1998 Minnesota Statutes

     504A.135 Emergency conditions; loss of essential 
  services. 

    Subdivision 1.    Procedure.  (a) A residential tenant 
 or group of residential tenants may pay to have home heating 
 oil, propane, natural gas, electricity, or water service 
 continued or reconnected as provided in this section if the 
 municipality, utility company, or other company supplying the 
 service to the residential building has issued a final notice, 
 has posted the building proposing to disconnect, or has 
 discontinued the service because a landlord: 

    (1) who has contracted for the service has failed to pay 
 for it; or 

    (2) is required by law or contract to pay for the service 
 and fails to do so. 

    (b) Before paying for the service, the residential tenant 
 or group of tenants must give oral or written notice to the 
 landlord of their intention to pay after 48 hours, or a shorter 
 period that is reasonable under the circumstances, if the 
 landlord has not already paid for the service.  In the case of 
 oral notice, written notice must be mailed or delivered to the 
 landlord within 24 hours after oral notice is given. 

    (c) When the affected service is natural gas, electricity, 
 or water, if the landlord has not yet paid the bill by the time 
 of the residential tenant's intended payment, or if the service 
 remains discontinued, the residential tenant or group of 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. 

    (d) When the affected service is home heating oil or 
 propane, if the landlord has not yet paid the bill by the time 
 of the residential tenant's intended payment, or if the service 
 remains discontinued, the residential tenant or group of tenants 
 may order and pay for one month's supply of the proper grade and 
 quality of oil or propane. 

    (e) After submitting receipts for the payment to the 
 landlord, a residential tenant may deduct the amount of the 
 tenant's payment from the next rental payment.  Amounts paid to 
 the municipality, utility company, or other company by a 
 residential tenant under this subdivision are considered payment 
 of rent to the landlord for purposes of section 504A.201.  

    Subd. 2.    Limitations; waiver not allowed; rights are 
 additional.  The residential tenant rights under this section: 

    (1) do not extend to conditions caused by the willful, 
 malicious, or negligent conduct of the residential 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 that 
 may be available to the residential tenant in law or equity, 
 including the right to damages and the right to restoration of 
 possession of the property under section 504A.201.  

    HIST: 1998 c 253 s 8