1999 Minnesota Statutes

     504B.171 Covenant of landlord and tenant not to allow 
  unlawful activities. 

    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 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 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 attorney of the county 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 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 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. 

    HIST: 1999 c 199 art 1 s 15