1999 Minnesota Statutes

     504.26 Unlawful termination of utilities. 

    Except as otherwise provided in this section, if a 
 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 tenant, the 
 tenant may recover from the landlord treble damages or $500, 
 whichever is greater, and reasonable attorney's fees.  It is a 
 defense to any action brought under this section that the 
 interruption was the result of the deliberate or negligent act 
 or omission of a tenant or anyone acting under the direction or 
 control of the tenant.  The tenant may recover only actual 
 damages under this section if: 

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

    (b) the landlord, an agent or other person acting under the 
 landlord's direction or control, after receiving notice of the 
 interruption from the tenant and within a reasonable period of 
 time after the interruption, taking into account the nature of 
 the service interrupted and the effect of the interrupted 
 service on the health, welfare and safety of the tenants, has 
 reinstated or made a good faith effort to reinstate the service 
 or has taken other remedial action; or 

    (c) the interruption was for the purpose of repairing or 
 correcting faulty or defective equipment or protecting the 
 health and safety of the occupants of the premises involved and 
 the service was reinstated or a good faith effort was made to 
 reinstate the service or other remedial action was taken by the 
 landlord, an agent, or other person acting under the landlord's 
 direction or control within a reasonable period of time, taking 
 into account the nature of the defect, the nature of the service 
 interrupted and the effect of the interrupted service on the 
 health, welfare and safety of the tenants.  

    HIST: 1975 c 410 s 3; 1986 c 444; 1989 c 328 art 2 s 2 

*   NOTE:  This section is repealed by Laws 1998, chapter 253, 
*section 80, effective July 1, 1999.  Laws 1998, chapter 253, 
*section 81.