1998 Minnesota Statutes

     504A.155 Disclosure by landlord to residential tenant; 
  attorney general's statement. 

    Subdivision 1.    Disclosure.  Before a tenancy begins, 
 a landlord must inform a residential tenant either in the lease 
 or otherwise in writing the name and address of: 

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

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

    Subd. 2.    Posting notice.  (a) A printed or 
 typewritten notice containing the information that must be 
 disclosed under subdivision 1 must be placed in a conspicuous 
 place on the property.  

    (b) Unless the landlord is required to post a notice by 
 section 471.9995, the landlord shall also place a notice in a 
 conspicuous place on the property that states that a copy of the 
 statement required by subdivision 4 is available from the 
 attorney general to any residential tenant upon request.  This 
 subdivision is complied with if notices posted in compliance 
 with other statutes or ordinances contain the information 
 required by this section.  

    Subd. 3.    Agent where landlord's address is not known. 
  If subdivisions 1 and 2, paragraph (a), have not been 
 complied with and a person wants to serve process on or give a 
 notice or demand to the landlord, but does not know the name and 
 address of the landlord or the landlord's agent, then a 
 caretaker or manager of the property or an individual to whom 
 residential tenants make rental payments is the authorized 
 agent.  If this agent receives service of process or receipt of 
 a notice or demand, the agent shall give the process, notice, or 
 demand, or a copy of it, to the landlord personally or send it 
 by certified mail, return receipt requested, to the landlord at 
 the landlord's last known address.  

    Subd. 4.    Attorney general's statement.  (a) The 
 attorney general shall prepare and make available to the public 
 a statement that: 

    (1) summarizes the significant legal rights and obligations 
 of landlords and residential tenants; 

    (2) includes descriptions of the significant provisions of 
 this chapter; 

    (3) notifies residential tenants in public housing to 
 consult their leases for additional rights and obligations they 
 may have under federal law; and 

    (4) includes the telephone number and address of the 
 attorney general for further information. 

    (b) The attorney general shall annually revise the 
 statement in paragraph (a) as necessary to ensure that it 
 continues accurately to describe the statutory and case law 
 governing the rights and duties of landlords and residential 
 tenants.  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. 

    (c) For the purposes of this subdivision, "residential 
 tenants" does not include residents of manufactured home parks 
 as defined in section 327C.01, subdivision 9.  

    Subd. 5.    Action may not be brought without disclosure. 
  (a) Except as provided in paragraph (b), an action to recover 
 rent or for eviction may not be brought unless the information 
 required by this section: 

    (1) has been disclosed to the residential tenant as 
 provided in this section; or 

    (2) is known by or has been disclosed to the residential 
 tenant at least 30 days before the initiation of the action. 

    (b) Failure by the landlord to post a notice required by 
 subdivision 2 or section 471.9995 shall not prevent an action to 
 recover rent or for eviction.  

    Subd. 6.    Failure to notify landlord.  A residential 
 tenant who moves from or subleases the property without giving 
 the landlord at least 30 days' written notice voids this section 
 and section 504A.595, as to the tenant.  

    Subd. 7.    Applicability.  This section extends to and 
 is enforceable against a successor landlord, caretaker, manager, 
 or individual to whom rental payments are made. 

    HIST: 1998 c 253 s 12