1998 Minnesota Statutes

     504A.141 Tenant's right to privacy. 

    Subdivision 1.    Entry by landlord.  Except as provided 
 in subdivision 3, a landlord may enter the premises rented by a 
 residential 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. 2.    Reasonable purpose.  For purposes of 
 subdivision 1, 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. 3.    Exception to notice requirement.  
 Notwithstanding subdivision 1, 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. 4.    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. 5.    Penalty.  If a landlord substantially 
 violates subdivision 1, 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 504A.241, and up to a $100 civil penalty for each 
 violation.  If a landlord violates subdivision 4, the tenant is 
 entitled to up to a $100 civil penalty for each violation.  A 
 tenant shall follow the procedures in sections 504A.501 to 
 504A.585 to enforce the provisions of this section.  

    Subd. 6.    Exemption.  This section does not apply to 
 tenants and landlords of manufactured home parks as defined in 
 section 327C.01.  

    HIST: 1998 c 253 s 9,79