504B.171 COVENANT OF LANDLORD AND TENANT NOT TO ALLOW UNLAWFUL
Subdivision 1. Terms of covenant.
In every lease or license of residential premises, whether
in writing or parol, the landlord or licensor and the tenant or licensee covenant that:
(1) neither will:
(i) unlawfully allow controlled substances in those premises or in the common area and
curtilage of the premises;
(ii) allow prostitution or prostitution-related activity as defined in section
, to occur on the premises or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in violation of section
, on the premises or in the common area and curtilage of
the premises; or
(iv) allow stolen property or property obtained by robbery in those premises or in the
common area and curtilage of the premises; and
(2) the common area and curtilage of the premises will not be used by either the landlord
or licensor or the tenant or licensee or others acting under the control of either to manufacture,
sell, give away, barter, deliver, exchange, distribute, purchase, or possess a controlled substance
in violation of any criminal provision of chapter 152. The covenant is not violated when a
person other than the landlord or licensor or the tenant or licensee possesses or allows controlled
substances in the premises, common area, or curtilage, unless the landlord or licensor or the
tenant or licensee knew or had reason to know of that activity.
Subd. 2. Breach voids right to possession.
A breach of the covenant created by subdivision
1 voids the tenant's or licensee's right to possession of the residential premises. All other
provisions of the lease or license, 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. If the tenant or
licensee breaches the covenant created by subdivision 1, the landlord may bring, or assign to the
county or city attorney of the county or city in which the residential premises are located, the right
to bring an eviction action against the tenant or licensee. The assignment must be in writing on
a form provided by the county or city attorney, and the county or city attorney may determine
whether to accept the assignment. If the county or city 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 tenant's or licensee's
personal property, following issuance of the writ of recovery of premises and order to vacate and
delivery of the writ to the sheriff for execution.
Subd. 3. Waiver not allowed.
The parties to a lease or license of residential premises may
not waive or modify the covenant imposed by this section.
History: 1999 c 199 art 1 s 15; 2003 c 52 s 1