504B.206 RIGHT OF VICTIMS OF DOMESTIC ABUSE TO TERMINATE LEASE.
Subdivision 1. Right to terminate; procedure.
(a) A tenant to a residential lease who is a
victim of domestic abuse and fears imminent domestic abuse against the tenant or the tenant's
minor children if the tenant or the tenant's minor children remain in the leased premises may
terminate a lease agreement without penalty or liability as provided in this section. The tenant
must provide advance written notice to the landlord stating that:
(1) the tenant fears imminent domestic abuse from a person named in an order for protection
or no contact order;
(2) the tenant needs to terminate the tenancy; and
(3) the specific date the tenancy will terminate.
(b) The written notice must be delivered before the termination of the tenancy by mail, fax,
or in person, and be accompanied by the order for protection or no contact order.
(c) For purposes of this section, an order for protection means an order issued under chapter
518B. A no contact order means a no contact order currently in effect, issued under section
518B.01, subdivision 22
, or chapter 609.
Subd. 2. Treatment of information.
A landlord must not disclose information provided
to the landlord by a tenant documenting domestic abuse under subdivision 1. The information
must not be entered into any shared database or provided to any person or entity but may be
used when required as evidence in an eviction proceeding, action for unpaid rent or damages
arising out of the tenancy, claims under section
, with the consent of the tenant, or as
otherwise required by law.
Subd. 3. Liability for rent; termination of tenancy.
(a) A tenant terminating a lease
under subdivision 1 is responsible for the rent payment for the full month in which the tenancy
terminates and an additional amount equal to one month's rent. The tenant is relieved of any
other contractual obligation for payment of rent or any other charges for the remaining term of
the lease, except as provided in this section.
(b) This section does not affect a tenant's liability for delinquent, unpaid rent or other
amounts owed to the landlord before the lease was terminated by the tenant under this section.
(c) The tenancy terminates, including the right of possession of the premises, on the
termination date stated in the notice under subdivision 1. The amount equal to one month's rent
must be paid on or before the termination of the tenancy for the tenant to be relieved of the
contractual obligations for the remaining term of the lease as provided in this section.
(d) For purposes of this section, the provisions of section
are triggered as follows:
(1) if the only tenant is the tenant who is the victim of domestic abuse and the tenant's minor
children, if any, upon the first day of the month following the later of:
(i) the date the tenant vacates the premises; or
(ii) the termination of the tenancy indicated in the written notice under subdivision 1; or
(2) if there are additional tenants bound by the lease, upon the expiration of the lease.
Subd. 4. Multiple tenants.
Notwithstanding the release of a tenant from a lease agreement
under this section, if there are any remaining tenants the tenancy continues for those remaining
Subd. 5. Waiver prohibited.
A residential tenant may not waive, and a landlord may not
require the residential tenant to waive, the tenant's rights under this section.
Subd. 6. Definition.
For purposes of this section, "domestic abuse" has the meaning given
518B.01, subdivision 2
History: 2007 c 54 art 4 s 3