1998 Minnesota Statutes

     504A.253 Unlawful interruption or termination of 
  utilities. 

    (a) A residential tenant may recover from a landlord treble 
 damages or $500, whichever is greater, and reasonable attorney 
 fees, if the landlord, an agent, or other person acting under 
 the landlord's direction or control interrupts or causes the 
 interruption of electricity, heat, gas, or water services to the 
 residential tenant.  

    (b) It is a defense to an action brought under paragraph 
 (a) that the interruption was the result of the deliberate or 
 negligent act or omission of a residential tenant or other 
 person acting under the direction or control of the residential 
 tenant.  

    (c) A residential tenant may recover only actual damages 
 under paragraph (a) if: 

    (1) the residential tenant has not given the landlord, an 
 agent, or other person acting under the landlord's direction or 
 control, notice of the interruption; 

    (2) after receiving notice of the interruption from the 
 tenant, the landlord, an agent, or other person acting under the 
 landlord's direction or control, has reinstated or made a good 
 faith effort to reinstate the service, or has taken other 
 remedial action within a reasonable period of time after the 
 interruption, taking into account: 

    (i) the nature of the service interrupted; and 

    (ii) the effect of the interrupted service on the health, 
 welfare, and safety of the tenants; or 

    (3) the interruption was for the purpose of repairing or 
 correcting faulty or defective equipment or protecting the 
 health and safety of the residential tenants and the landlord, 
 an agent, or other person acting under the landlord's direction 
 or control, has reinstated or made a good faith effort to 
 reinstate the service, or has taken other remedial action, 
 taking into account:  

    (i) the nature of the defect; 

    (ii) the nature of the service interrupted; and 

    (iii) the effect of the interrupted service on the health, 
 welfare, and safety of the tenants.  

    HIST: 1998 c 253 s 30