1998 Minnesota Statutes

     504A.701 Landlord and residential tenant may not allow 
  unlawful activities. 

    Subdivision 1.    Specific agreement.  (a) A landlord 
 and residential tenant agree that neither will: 

    (1) unlawfully allow controlled substances to be used on 
 the property, its lands, or common area; 

    (2) allow prostitution or prostitution-related activity as 
 defined in section 617.80, subdivision 4, to occur on the 
 property, its lands, or common area; 

    (3) allow the unlawful use or possession of a firearm in 
 violation of section 609.66, subdivision 1a, 609.67, or 624.713 
 on the property, its lands, or common area; 

    (4) allow stolen property or property obtained by robbery 
 in the property, its lands, or common area; and 

    (5) use, or allow others acting under the control of 
 either, to use the property's common area or lands to 
 manufacture, sell, give away, barter, deliver, exchange, 
 distribute, purchase, or possess a controlled substance in 
 violation of a criminal provision of chapter 152. 

    (b) This agreement is not violated when a person other than 
 the landlord or residential tenant possesses or allows 
 controlled substances on the property, its lands, or common area 
 unless the landlord or residential tenant knew or had reason to 
 know of that activity.  

    Subd. 2.    Breach voids right to possession.  (a) A 
 breach of the agreement in subdivision 1 voids the residential 
 tenant's right to possession of the property.  All other 
 provisions of the lease, including but not limited to the 
 obligation to pay rent, remain in effect until the lease is 
 terminated by the terms of the lease or operation of law. 

    (b) If the residential tenant breaches the agreement in 
 subdivision 1, the landlord may bring, or assign to the county 
 attorney of the county in which the property is located, the 
 right to bring an eviction action against the residential 
 tenant.  The assignment must be in writing on a form provided by 
 the county attorney, and the county attorney may determine 
 whether to accept the assignment.  If the county attorney 
 accepts the assignment of the landlord's right to bring an 
 eviction action: 

    (1) any court filing fee that would otherwise be required 
 in an eviction action is waived; and 

    (2) the landlord retains all the rights and duties, 
 including removal of the residential tenant's personal property, 
 following issuance of an order to vacate and delivery of the 
 writ to the sheriff for execution.  

    Subd. 3.    Waiver not allowed.  The landlord or 
 residential tenant may not waive or modify the prohibition 
 imposed by this section.  

    HIST: 1998 c 253 s 76,79