1998 Minnesota Statutes

     504.181 Covenant of lessor and lessee not to allow 
  unlawful activities. 

    Subdivision 1.    Terms of covenant.  In every lease or 
 license of residential premises, whether in writing or parol, 
 the lessor or licensor and the lessee 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 617.80, subdivision 4, 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 609.66, subdivision 1a, 609.67, or 624.713, 
 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 lessor or licensor or the lessee 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 
 lessor or licensor or the lessee or licensee possesses or allows 
 controlled substances in the premises, common area, or 
 curtilage, unless the lessor or licensor or the lessee 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 lessee'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 lessor or licensee breaches the covenant created by 
 subdivision 1, the landlord may bring, or assign to the county 
 attorney of the county in which the residential premises are 
 located, the right to bring an unlawful detainer action against 
 the lessee or licensee.  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 unlawful detainer action: 

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

    (2) the landlord retains all the rights and duties, 
 including removal of the lessee's or licensee's personal 
 property, following issuance of the writ of restitution 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. 

    HIST: 1989 c 305 s 1; 1991 c 193 s 1; 1992 c 533 s 1; 1996 c 
 328 s 4; 1997 c 239 art 12 s 4; 1998 c 367 art 11 s 17 

*   NOTE:  Subdivisions 1, 2, and 3 are repealed by Laws 1998, 
*chapter 253, section 80, effective July 1, 1999.  Laws 1998, 
*chapter 253, section 81.