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Minnesota Residential Rental Lease Agreement
Minnesota Lease Agreement
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Residential Agreement Tenant FAQ
Tenant Rights to Withhold Rent in MinnesotaTenants may withhold rent or exercise the right to repair and deduct if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Minnesota Tenant Rights to Withhold Rent or Repair and Deduct.
Through a lease, the landlord and tenant mutually agree to fixed terms and conditions, such as the rent, rules regarding pets, duration of the agreement, etc.A rental agreement, by contrast, is a month-to-month agreement. At the end of each 30-day period, the landlord and tenant are both free to change the terms.
If a tenant is renting property for one year or less, then an oral agreement (and all terms agreed upon) is legally binding. However, if a tenant is renting property for more than one year, the oral agreement is not recognized and must be recorded in writing to be legally binding.
A landlord cannot change an existing lease agreement without the tenant's consent.What your landlord can do is make changes to future lease agreements. Any new tenant would then be subject to the new terms, and when your lease expires you are subject to the new terms if you decide to renew.
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CHAPTER 504B
LANDLORD AND TENANT
Definitions.
Applicability. For the purposes of this chapter, the terms defined in this section have the meanings given them. Chap. 504B, 504B.001
Controlled substance.
"Controlled substance" means a drug, substance, or immediate precursor
in Schedules I through V of section 152.02. The term does not include
distilled spirits, wine, malt beverages, intoxicating liquors, or tobacco.
504B.002
Distress for rent.
"Distress for rent" means the act of a landlord seizing personal
property of the tenant or other person to enforce payment of rent. 504B.003
Evict or eviction.
"Evict" or "eviction" means a summary court proceeding to remove
a tenant or occupant from or otherwise recover possession of real property
by the process of law set out in this chapter. 504B.004
Housing-related neighborhood organization.
"Housing-related neighborhood organization" means a nonprofit
corporation incorporated under chapter 317A that:
(1) designates in its articles of incorporation or bylaws a specific
geographic community to which its activities are limited; and
(2) is formed for the purposes of promoting community safety, crime
prevention, and housing quality in a nondiscriminatory manner.
For purposes of this chapter, an action taken by a neighborhood
organization with the written permission of a residential tenant means,
with respect to a building with multiple dwelling units, an action taken
by the neighborhood organization with the written permission of the residential
tenants of a majority of the occupied units. 504B.005
Inspector.
"Inspector" means the person charged by the governing body of the
political subdivision in which a residential building is situated, with
the responsibility of enforcing provisions of local law, the breach of
which could constitute a violation as defined in subdivision 14, clause
(1). If there is no such person, "inspector" means the county agent of
a board of health as authorized under section 145A.04 or the chair of the
board of county commissioners, and in the case of a manufactured home park,
the state department of health or its designee. 504B.006
Landlord.
"Landlord" means an owner of real property, a contract for deed
vendee, receiver, executor, trustee, lessee, agent, or other person directly
or indirectly in control of rental property. 504B.007
Lease.
"Lease" means an oral or written agreement creating a tenancy in
real property. 504B.008
License.
"License" means a personal privilege to do a particular act or
series of acts on real property without possessing any estate or interest
in real property. It may be created in writing or orally. 504B.009
Person.
"Person" means a natural person, corporation, limited liability
company, partnership, joint enterprise, or unincorporated association.
504B.010
Residential building.
"Residential building" means:
(1) a building used in whole or in part as a dwelling, including
single-family homes, multiple-family units such as apartments, and structures
containing both dwelling units and units used for nondwelling purposes,
and includes a manufactured home park; or
(2) an unoccupied building which was previously used in whole or in part as a dwelling and which constitutes a nuisance under section 561.01. 504B.011
Residential tenant.
"Residential tenant" means a person who is occupying a dwelling
in a residential building under a lease or contract, whether oral or written,
that requires the payment of money or exchange of services, all other regular
occupants of that dwelling unit, or a resident of a manufactured home park.
504B.012
Tenancy at will.
"Tenancy at will" means a tenancy in which the tenant holds possession
by permission of the landlord but without a fixed ending date. 504B.013
Violation.
"Violation" means:
(1) a violation of any state, county or city health, safety, housing,
building, fire prevention, or housing maintenance code applicable to the
building;
(2) a violation of any of the covenants set forth in section 504B.161, subdivision 1, clause (1) or (2), or in section 504B.171, subdivision 1; or
(3) a violation of an oral or written agreement, lease, or contract for the rental of a dwelling in a building. 504B.014
Writ of recovery of premises and order to vacate.
"Writ of recovery of premises and order to vacate" means the writ set out in section 504B.361. 504B.015
Distress for rent.
The remedy of distress for rent is abolished. Chap. 504B, 504B.101
Written lease required; penalty.
A landlord of a residential building with 12 or more residential units must have a written lease for each unit rented to a residential tenant. Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask for the tenant's full name and date of birth on the lease and application. A landlord who fails to provide a lease, as required under this section, is guilty of a petty misdemeanor. Chap. 504B, 504B.111
Tenant to be given copy of lease.
Copy of written lease to tenant. Where there is a written lease, a landlord must give a copy to a tenant occupying a dwelling unit whose signature appears on the lease agreement. The landlord may obtain a signed and dated receipt, either as a separate document or an acknowledgment included in the lease agreement itself, from the tenant acknowledging that the tenant has received a copy of the lease. This signed receipt or acknowledgment is prima facie evidence that the tenant has received a copy of the lease.
Subd. 2. Legal action to enforce lease.
In any legal action to enforce a written lease, except for nonpayment
of rent, disturbing the peace, malicious destruction of property, or a
violation of section 504B.171, it is a defense for the tenant to prove
that the landlord failed to comply with subdivision 1. This defense
may be overcome if the landlord proves that the tenant had actual knowledge
of the term or terms of the lease upon which any legal action is based.
504B.115
Tenant may not deny title; exception.
A tenant in possession of real property under a lawful lease may not deny the landlord's title in an action brought by the landlord to recover possession of the property. This prohibition does not apply to a tenant who, prior to entering into the lease, possessed the property under a claim of title that was adverse or hostile to that of the landlord. 504B.121
Person in possession liable for rent; evidence.
Every person in possession of land out of which any rent is due, whether it was originally demised in fee, or for any other estate of freehold or for any term of years, shall be liable for the amount or proportion of rent due from the land in possession, although it be only a part of the land originally demised. Such rent may be recovered in a civil action, and the deed, demise, or other instrument showing the provisions of the lease may be used in evidence by either party to prove the amount due from the defendant. Nothing herein contained shall deprive landlords of any other legal remedy for the recovery of rent, whether secured to them by their leases or provided by law. 504B.125
Rent liability; uninhabitable buildings.
A tenant or occupant of a building that is destroyed or becomes uninhabitable or unfit for occupancy through no fault or neglect of the tenant or occupant may vacate and surrender such a building. A tenant or occupant may expressly agree otherwise except as prohibited by section 504B.161. 504B.131
Terminating tenancy at will.
(a) A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.
(b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days notice to quit in writing. 504B.135
Urban real estate; holding over.
When a tenant of urban real estate, or any interest therein, holds over and retains possession after expiration of the lease without the landlord's express agreement, no tenancy for any period other than the shortest interval between the times of payment of rent under the terms of the expired lease shall be implied. 504B.141
Restriction on automatic renewals of leases.
Notwithstanding the provisions of any residential lease, in order to enforce any automatic renewal clause of a lease of an original term of two months or more which states, in effect, that the term shall be deemed renewed for a specified additional period of time of two months or more unless the tenant gives notice to the landlord of an intention to quit the premises at the expiration of the term due to expire, the landlord must give notice to the tenant as provided in this section. The notice must be in writing and direct the tenant's attention to the automatic renewal provision of the lease. The notice must be served personally or mailed by certified mail at least 15 days, but not more than 30 days prior to the time that the tenant is required to furnish notice of an intention to quit. 504B.145
Restriction on residential lease terms for buildings in financial distress.
Once a landlord has received notice of a contract for deed cancellation under section 559.21 or notice of a mortgage foreclosure sale under chapter 580 or 582, the landlord may enter into a periodic residential lease agreement with a term of two months or less or a fixed term residential tenancy not extending beyond the cancellation period or the landlord's period of redemption until:
(1) the contract for deed has been reinstated or paid in full;
(2) the mortgage default has been cured and the mortgage reinstated;
(3) the mortgage has been satisfied;
(4) the property has been redeemed from a foreclosure sale; or
(5) a receiver has been appointed.
This section does not apply to a manufactured home park as defined
in section 327C.01, subdivision 5. 504B.151
Tenant must give cold weather notice before vacation of building.
Except upon the termination of the tenancy, a tenant who, between November 15 and April 15, removes from, abandons, or vacates a building or any part thereof that contains plumbing, water, steam, or other pipes liable to injury from freezing, without first giving to the landlord three days' notice of intention so to remove is guilty of a misdemeanor. 504B.155
Covenants of landlord or licensor.
Requirements.
In every lease or license of residential premises, the landlord or licensor covenants:
(1) that the premises and all common areas are fit for the use intended by the parties;
(2) to keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee; and
(3) to maintain the premises in compliance with the applicable health and safety laws of the state, including the weatherstripping, caulking, storm window, and storm door energy efficiency standards for renter-occupied residences prescribed by section 216C.27, subdivisions 1 and 3, and of the local units of government where the premises are located during the term of the lease or license, except when violation of the health and safety laws has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee. The parties to a lease or license of residential premises may not waive or modify the covenants imposed by this section. 504B.161
Subd. 2. Tenant maintenance.
The landlord or licensor may agree with the tenant or licensee
that the tenant or licensee is to perform specified repairs or maintenance,
but only if the agreement is supported by adequate consideration and set
forth in a conspicuous writing. No such agreement, however, may waive
the provisions of subdivision 1 or relieve the landlord or licensor of
the duty to maintain common areas of the premises.
Subd. 3. Liberal construction.
This section shall be liberally construed, and the opportunity
to inspect the premises before concluding a lease or license shall not
defeat the covenants established in this section.
Subd. 4. Covenants are in addition.
The covenants contained in this section are in addition to any
covenants or conditions imposed by law or ordinance or by the terms of
the lease or license.
Subd. 5. Injury to third parties.
Nothing in this section shall be construed to alter the liability
of the landlord or licensor of residential premises for injury to third
parties.
Subd. 6. Application.
The provisions of this section apply only to leases or licenses
of residential premises concluded or renewed on or after June 15, 1971.
For the purposes of this section, estates at will shall be deemed to be
renewed at the commencement of each rental period. Chap. 504B
Unlawful destruction; damages.
(a) An action may be brought for willful and malicious destruction of leased residential rental property. The prevailing party may recover actual damages, costs, and reasonable attorney fees, as well as other equitable relief as determined by the court.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. Chap. 504B- 504B.165
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 forexecution.
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. Chap. 504B
- 504B.171
Applicant screening fee.
Subdivision 1. Limit on number of applicant screening fees.
A landlord or the landlord's agent may not charge an applicant
a screening fee when the landlord knows or should have known that no rental
unit is available at that time or will be available within a reasonable
future time.
Subd. 2. Return of applicant screening fee.
If the landlord or the landlord's agent does not perform a personal
reference check or does not obtain a consumer credit report or tenant screening
report, the landlord or the landlord's agent shall return any amount of
the screening fee that is not used for those purposes. The screening
fee may be returned by mail, may be destroyed upon the applicant's request
if paid by check, or may be made available for the applicant to retrieve.
Subd. 3. Disclosures to applicant.
A landlord or the landlord's agent, prior to taking an application
fee from a prospective tenant, must disclose on the application form or
orally the name, address, and telephone number of the tenant screening
service the owner will use, unless the owner does not use a tenant screening
service.
Subd. 4. Remedies.
In addition to any other remedies, a landlord who violates this
section is liable to the applicant for the application fee plus a civil
penalty of up to $100, civil court filing costs, and reasonable attorney
fees incurred to enforce this remedy. Chap. 504B -504B.173
Prelease deposit.
Subdivision 1. Definition.
For the purpose of this section, "prelease deposit" means payment
given to a landlord from a prospective tenant of a residential dwelling
unit before the prospective tenant and the landlord have entered into a
rental agreement. "Prelease deposit" does not include the payment
of a reasonable applicant screening fee used to conduct a background check
on the prospective tenant.
Subd. 2. Limitations.
(a) A prelease deposit may be accepted only if the landlord and
prospective tenant enter into a conspicuous written agreement that includes:
(1) the circumstances under which it will be returned; and
(2) that the landlord is required to return the prelease deposit within seven days of the occurrence of a circumstance described in clause (1).
(b) "Return" means postmarked within seven days except that upon the prospective tenant's request, a landlord may destroy the payment or hold it for retrieval by the tenant instead of returning it by mail.
Subd. 3.
Application on entry into rental agreement. If a prospective tenant
and landlord do enter into a rental agreement, the prelease deposit must
be applied to that tenant's security deposit or rent.
Subd. 4. Remedies.
In addition to any other remedies, a landlord who violates this
section is liable to the payor of the prelease deposit for the amount of
the deposit paid, plus one-half of that amount as a penalty. A landlord
who enters into a rental agreement with a tenant is not liable under this
section unless the landlord failed to comply with subdivision 3.
Chap. 504B- 504B.175
Interest on security deposits; withholding security deposits; damages; limit on withholding last month's rent.
Subdivision 1. Applicability.
Any deposit of money, the function of which is to secure the performance
of a residential rental agreement or any part of such an agreement, other
than a deposit which is exclusively an advance payment of rent, shall be
governed by the provisions of this section.
Subd. 2. Interest.
Any deposit of money shall not be considered received in a fiduciary
capacity within the meaning of section 82.17, subdivision 7, but shall
be held by the landlord for the tenant who is party to the agreement and
shall bear simple noncompounded interest at the rate of three percent per
annum until May 1, 2004, and four percent per annum thereafter, computed
from the first day of the next month following the full payment of the
deposit to the last day of the month in which the landlord, in good faith,
complies with the requirements of subdivision 3 or to the date upon which
judgment is entered in any civil action involving the landlord's liability
for the deposit, whichever date is earlier. Any interest amount less
than $1 shall be excluded from the provisions of this section.
Subd. 3. Return of security deposit.
(a) Every landlord shall:
(1) within three weeks after termination of the tenancy; or
(2) within five days of the date when the tenant leaves the building or dwelling due to the legal condemnation of the building or dwelling in which the tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant,and after receipt of the tenant's mailing address or delivery instructions, return the deposit to the tenant, with interest thereon as provided in subdivision 2, or furnish to the tenant a written statement showing the specific reason for the withholding of the deposit or any portion thereof.
(b) It shall be sufficient compliance with the time requirement of this subdivision if the deposit or written statement required by this subdivision is placed in the United States mail as first class mail, postage prepaid, in an envelope with a proper return address, correctly addressed according to the mailing address or delivery instructions furnished by the tenant, within the time required by this subdivision. The landlord may withhold from the deposit only amounts reasonably necessary:
(1) to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement; or
(2) to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted.
(c) In any action concerning the deposit, the burden of proving, by a fair preponderance of the evidence, the reason for withholding all or any portion of the deposit shall be on the landlord.
Subd. 4. Damages.
Any landlord who fails to:
(1) provide a written statement within three weeks of termination
of the tenancy;
(2) provide a written statement within five days of the date when the tenant leaves the building or dwelling due to the legal condemnation of the building or dwelling in which the tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant; or
(3) transfer or return a deposit as required by subdivision 5, after receipt of the tenant's mailing address or delivery instructions, as required in subdivision 3, is liable to the tenant for damages in an amount equal to the portion of the deposit withheld by the landlord and interest thereon as provided in subdivision 2, as a penalty, in addition to the portion of the deposit wrongfully withheld by the landlord and interest thereon.
Subd. 5. Return of deposit.
Upon termination of the landlord's interest in the premises, whether
by sale, assignment, death, appointment of receiver or otherwise, the landlord
or the landlord's agent shall, within 60 days of termination of the interest
or when the successor in interest is required to return or otherwise account
for the deposit to the tenant, whichever occurs first, do one of the following
acts, either of which shall relieve the landlord or agent of further liability
with respect to such deposit:
(1) transfer the deposit, or any remainder after any lawful deductions made under subdivision 3, with interest thereon as provided in subdivision 2, to the landlord's successor in interest and thereafter notify the tenant of the transfer and of the transferee's name and address; or
(2) return the deposit, or any remainder after any lawful deductions made under subdivision 3, with interest thereon as provided in subdivision 2, to the tenant.
Subd. 6. Successor in interest.
Upon termination of the landlord's interest in the premises, whether
by sale, assignment, death, appointment of receiver or otherwise, the landlord's
successor in interest shall have all of the rights and obligations of the
landlord with respect to the deposit, except that if tenant does not object
to the stated amount within 20 days after written notice to tenant of the
amount of deposit being transferred or assumed, the obligation of the landlord's
successor to return the deposit shall be limited to the amount contained
in the notice. The notice shall contain a stamped envelope addressed
to landlord's successor and may be given by mail or by personal service.
Subd. 7. Bad faith retention.
The bad faith retention by a landlord of a deposit, the interest
thereon, or any portion thereof, in violation of this section shall subject
the landlord to punitive damages not to exceed $200 for each deposit in
addition to the damages provided in subdivision 4. If the landlord has
failed to comply with the provisions of subdivision 3 or 5, retention of
a deposit shall be presumed to be in bad faith unless the landlord returns
the deposit within two weeks after the commencement of any action for the
recovery of the deposit.
Subd. 8. Withholding rent.
No tenant may withhold payment of all or any portion of rent for
the last payment period of a residential rental agreement, except an oral
or written month to month residential rental agreement concerning which
neither the tenant nor landlord has served a notice to quit, on the grounds
that the deposit should serve as payment for the rent. Withholding
all or any portion of rent for the last payment period of the residential
rental agreement creates a rebuttable presumption that the tenant withheld
the last payment on the grounds that the deposit should serve as payment
for the rent. Any tenant who remains in violation of this subdivision
after written demand and notice of this subdivision shall be liable to
the landlord for the following:
(1) a penalty in an amount equal to the portion of the deposit which the landlord is entitled to withhold under subdivision 3 other than to remedy the tenant's default in the payment of rent; and
(2) interest on the whole deposit as provided in subdivision 2, in addition to the amount of rent withheld by the tenant in violation of this subdivision.
Subd. 9. Action to recover deposit.
An action, including an action in conciliation court, for the recovery
of a deposit on rental property may be brought in the county where the
rental property is located, or at the option of the tenant, in the county
of the landlord's residence.
Subd. 10. Waiver.
Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable.
Subd. 11. Tenancies after July 1, 1973.
The provisions of this section shall apply only to tenancies commencing
or renewed on or after July 1, 1973. For the purposes of this section,
estates at will shall be deemed to be renewed at the commencement of each
rental period. Chap. 504B -504B.178
Landlord or agent disclosure.
Subdivision 1. Disclosure to tenant.
There shall be disclosed to the residential tenant either in the
rental agreement or otherwise in writing prior to commencement of the tenancy
the name and address of:
(1) the person authorized to manage the premises; and
(2) the landlord of the premises or an agent authorized by the landlord to accept service or process and receive and give receipt for notices and demands.
Subd. 2. Posting of notice.
(a) A printed or typewritten notice containing the information
which must be disclosed under subdivision 1 shall be placed in a conspicuous
place on the premises. This subdivision is complied with if notices
posted in compliance with other statutes or ordinances contain the information
required by this section.
(b) Unless the landlord is required to post a notice by section
471.9995, the landlord shall also place a notice in a conspicuous place
on the property that states that a copy of the statement required by section
504B.275 is available from the
attorney general to any residential tenant upon request.
Subd. 3. Service of process.
If subdivisions 1 and 2 have not been complied with and a person
desiring to make service of process upon or give a notice or demand to
the landlord does not know the name and address of the landlord or the
landlord's agent, as that term is used in subdivision 1, then a caretaker
or manager of the premises or an individual to whom rental payments for
the premises are made shall be deemed to be an agent authorized to accept
service of process and receive and give receipt for notices and demands
on behalf of the landlord. In case of service of process upon or
receipt of notice or demand by a person who is deemed to be an agent pursuant
to this subdivision, this person shall give the process, notice, or demand,
or a copy thereof, to the landlord personally or shall send it by certified
mail, return receipt requested, to the landlord at the landlord's last
known address.
Subd. 4. Information required for maintenance of action.
Except as otherwise provided in this subdivision, no action to
recover rent or possession of the premises shall be maintained unless the
information required by this section has been disclosed to the tenant in
the manner provided in this section, or unless the information required
by this section is known by or has been disclosed to the tenant at least
30 days prior to the initiation of such action. Failure by the landlord
to post a notice required by subdivision 2, or section 471.9995 shall not
prevent any action to recover rent or possession of the premises.
Subd. 5. Notice to landlord.
Any residential tenant who moves from or subleases the premises
without giving the landlord at least 30 days written notice shall void
any provision of this section as to that tenant.
Subd. 6. Successors.
This section extends to and is enforceable against any successor
landlord or individual to whom rental payments for the premises are made.
Chap. 504B -504B.181
Inspection; notice.
Subdivision 1. Who may request.
If requested by a residential tenant, a housing-related neighborhood
organization with the written permission of a residential tenant, or, if
a residential building is unoccupied, by a housing-related neighborhood
organization, an inspection shall be made by the local authority charged
with enforcing a code claimed to be violated.
Subd. 2. Notice.
(a) After the local authority has inspected the residential building
under subdivision 1, the inspector shall inform the landlord or the landlord's
agent and the residential tenant or housing-related neighborhood organization
in writing of any code violations discovered.
(b) A reasonable period of time must be allowed in which to correct the violations. Chap. 504B -504B.185
Disclosure required for outstanding inspection and condemnation orders.
Subdivision 1. Disclosure to tenant.
(a) Except as provided in subdivision 3, a landlord, agent, or
person acting under the landlord's direction or control shall provide a
copy of all outstanding inspection orders for which a citation has been
issued, pertaining to a rental unit or common area, specifying code violations
issued under section 504B.185, that the housing inspector identifies as
requiring notice because the violations threaten the health or safety of
the tenant, and all outstanding condemnation orders and declarations that
the premises are unfit for human habitation to:
(1) a tenant, either by delivery or by United States mail, postage prepaid, within 72 hours after issuance of the citation;
(2) a person before signing a lease or paying rent or a security deposit to begin a new tenancy; and
(3) a person prior to obtaining new ownership of the property subject
to the order or declaration. The housing inspector shall indicate
on the inspection order whether the violation threatens the health or safety
of a tenant or prospective tenant.
(b) If an inspection order, for which a citation has been issued,
does not involve code violations that threaten the health or safety of
the tenants, the landlord, agent, or person acting under the landlord's
control shall post a summary of the inspection order in a conspicuous place
in each building affected by the inspection order, along with a notice
that the inspection order will be made available by the landlord for review,
upon a request of a tenant or prospective tenant. The landlord shall
provide a copy of the inspection order for review by a tenant or a prospective
tenant as required under this subdivision.
Subd. 2. Penalty.
If the landlord, agent, or person acting under the landlord's direction
or control violates this section, the tenant is entitled to remedies provided
by section 8.31, subdivision 3a, and other equitable relief as determined
by the court.
Subd. 3. Exception.
A landlord, agent, or person acting under the landlord's direction
or control is not in violation of this section if:
(1) the landlord, agent, or person acting under the landlord's
direction or control has received only an initial order to repair;
(2) the time allowed to complete the repairs, including any extension of the deadline, has not yet expired, or less than 60 days has elapsed since the expiration date of repair orders and any extension or no citation has been issued; or
(3) the landlord, agent, or person acting under the landlord's direction or control completes the repairs within the time given to repair, including any extension of the deadline.
Subd. 4. Landlord's defense.
It is an affirmative defense in an action brought under this section
for the landlord, agent, or person acting under the landlord's control
to prove that disclosure was made as required under subdivision 1.
Subd. 5. Remedies additional.
The remedies provided in this section are in addition to and shall
not limit other rights or remedies available to landlords and tenants.
Any provision, whether oral or written, of any lease or other agreement,
whereby any provision of this section is waived by a tenant, is contrary
to public policy and void. Chap. 504B -504B.195
Action for rental of condemned residential premises.
(a) A landlord, agent, or person acting under the landlord's direction or control may not accept rent or a security deposit for residential rental property from a tenant after the leased premises have been condemned or declared unfit for human habitation by the applicable state or local authority, if the tenancy commenced after the premises were condemned or declared unfit for human habitation. If a landlord, agent, or a person acting under the landlord's direction or control violates this section, the landlord is liable to the tenant for actual damages and an amount equal to three times the amount of all money collected from the tenant after date of condemnation or declaration, plus costs and attorney fees.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. Chap. 504B -504B.204
Residential tenant's right to seek police and emergency assistance.
Subdivision 1. Definitions.
In this section, "Domestic abuse" has the meaning given in section
518B.01, subdivision 2.
Subd. 2. Emergency calls permitted.
(a) A landlord may not:
(1) bar or limit a residential tenant's right to call for police or emergency assistance in response to domestic abuse or any other conduct; or
(2) impose a penalty on a residential tenant for calling for police or emergency assistance in response to domestic abuse or any other conduct.
(b) A residential tenant may not waive and a landlord may not require the residential tenant to waive the residential tenant's right to call for police or emergency assistance.
Subd. 3. Local preemption.
This section preempts any inconsistent local ordinance or rule
including, without limitation, any ordinance or rule that:
(1) requires an eviction after a specified number of calls by a residential tenant for police or emergency assistance in response to domestic abuse or any other conduct; or
(2) provides that calls by a residential tenant for police or emergency
assistance in response to domestic abuse or any other conduct may be used
to penalize or charge a fee to a landlord.
This subdivision shall not otherwise preempt any local ordinance
or rule that penalizes a landlord for, or requires a landlord to abate,
conduct on the premises that constitutes a nuisance or other disorderly
conduct as defined by local
ordinance or rule.
Subd. 4. Residential tenant responsibility.
This section shall not be construed to condone or permit any breach
of a lease or of law by a residential tenant including, but not limited
to, disturbing the peace and quiet of other tenants, damage to property,
and disorderly conduct.
Subd. 5. Residential tenant remedies.
A residential tenant may bring a civil action for a violation of
this section and recover from the landlord $250 or actual damages, whichever
is greater, and reasonable attorney's fees.
Subd. 6. Attorney general authority.
The attorney general has authority under section 8.31 to investigate
and prosecute violations of this section. Chap. 504B - 504B.205
Residential tenant's right to privacy.
Subdivision 1. Definitions.
For purposes of this section, "landlord" has the meaning defined
in section 504B.001, subdivision 7, and also includes the landlord's agent
or other person acting under the landlord's direction and control.
Subd. 2. Entry by landlord.
Except as provided in subdivision 5, a landlord may enter the premises
rented by a residential tenant only for a reasonable business purpose and
after making a good faith effort to give the residential tenant reasonable
notice under the circumstances of the intent to enter. A residential
tenant may not waive and the landlord may not require the residential tenant
to waive the residential tenant's right to prior notice of entry under
this section as a condition of entering into or maintaining the lease.
Subd. 3. Reasonable purpose.
For purposes of subdivision 2, a reasonable business purpose includes,
but is not limited to:
(1) showing the unit to prospective residential tenants during
the notice period before the lease terminates or after the current residential
tenant has given notice to move to the landlord or the landlord's agent;
(2) showing the unit to a prospective buyer or to an insurance representative;
(3) performing maintenance work;
(4) allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes;
(5) the residential tenant is causing a disturbance within the unit;
(6) the landlord has a reasonable belief that the residential tenant is violating the lease within the residential tenant's unit;
(7) prearranged housekeeping work in senior housing where 80 percent or more of the residential tenants are age 55 or older;
(8) the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or
(9) the residential tenant has vacated the unit.
Subd. 4. Exception to notice requirement.
Notwithstanding subdivision 2, a landlord may enter the premises
rented by a residential tenant to inspect or take appropriate action without
prior notice to the residential tenant if the landlord reasonably suspects
that:
(1) immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement;
(2) immediate entry is necessary to determine a residential tenant's safety; or
(3) immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the residential tenant's premises.
Subd. 5. Entry without residential tenant's presence.
If the landlord enters when the residential tenant is not present
and prior notice has not been given, the landlord shall disclose the entry
by placing a written disclosure of the entry in a conspicuous place in
the premises.
Subd. 6. Penalty.
If a landlord substantially violates subdivision 2, the residential
tenant is entitled to a penalty which may include a rent reduction up to
full rescission of the lease, recovery of any damage deposit less any amount
retained under section 504B.178, and up to a $100 civil penalty for each
violation. If a landlord violates subdivision 5, the residential
tenant is entitled to up to a $100 civil penalty for each violation.
A residential tenant shall follow the procedures in section 504B.381, 504B.385,
and 504B.395 to 504B.471 to enforce the provisions of this section.
Subd. 7. Exemption.
This section does not apply to residential tenants and landlords
of manufactured home parks as defined in section 327C.01. Chap. 504B
- 504B.211
Emergency conditions; loss of essential services.
Subdivision 1. Definitions.
For the purposes of this section, "single-metered residential building"
means a multiunit rental building with one or more separate residential
living units where the utility service measured through a single meter
provides service to an individual unit and to all or parts of common areas
or other units.
Subd. 2. Single-meter utility service payments.
In a residential leasehold contract entered into or renewed on
or after August 1, 1995, the landlord of a single-metered residential building
shall be the bill payer responsible, and shall be the customer of record
contracting with the utility for utility services. The landlord must advise
the utility provider that the utility services apply to a single-metered
residential building. A failure by the landlord to comply with this
subdivision is a violation of sections 504B.161, subdivision 1, clause
(1), and 504B.221. This subdivision may not be waived by contract
or otherwise. This subdivision does not require a landlord to contract
and pay for utility service provided to each residential unit through a
separate meter which accurately measures that unit's use only. This
subdivision does not prohibit a landlord from apportioning utility service
payments among residential units and either including utility costs in
a unit's rent or billing for utility charges separate from rent.
Subd. 2a. Conditions of separate utility billing to tenant in
single-meter buildings.
If the landlord of a single-metered residential building bills
for utility charges separate from the rent, the following conditions apply:
(1) prospective tenants must be provided notice of the total utility cost for the building for each month of the most recent calendar year; and
(2) an equitable method of apportionment and the frequency of billing by the landlord must be predetermined and put in writing for all leases. The lease must contain a provision that, upon a tenant's request, a landlord must provide a copy of the actual utility bill for the building along with each apportioned utility bill. Upon a tenant's request, a landlord must also provide past copies of actual utility bills for any period of the tenancy for which the tenant received an apportioned utility bill. Past copies of utility bills must be provided for the preceding two years or from the time the current landlord acquired the building, whichever is most recent.
The landlord of a single-metered residential building who bills separately for utilities may, if the landlord and tenant agree, provide tenants with a lease term of one year or more the option to pay those bills under an annualized budget plan providing for level monthly payments based on a good-faith estimate of the annual bill.
By September 30 of each year, a landlord of a single-metered residential building who bills for gas and electric utility charges separate from rent shall inform tenants in writing of the possible availability of energy assistance from the low income home energy assistance program. The information must contain the toll-free telephone number of the administering agency.
Subd. 3. Procedure.
(a) When a municipality, utility company, or other company supplying
home heating oil, propane, natural gas, electricity, or water to a building
has issued a final notice or has posted the building proposing to disconnect
or discontinue the service to the building because a landlord who has contracted
for the service has failed to pay for it or because a landlord is required
by law or contract to pay for the service and fails to do so, a tenant
or group of tenants may pay to have the service continued or reconnected
as provided under this section. Before paying for the service, the
tenant or group of tenants shall give oral or written notice to the landlord
of the tenant's intention to pay after 48 hours, or a shorter period that
is reasonable under the circumstances, if the landlord has not already
paid for the service. In the case of oral notification, written notice
shall be mailed or delivered to the landlord within 24 hours after oral
notice is given.
(b) In the case of natural gas, electricity, or water, if the landlord has not yet paid the bill by the time of the tenant's intended payment, or if the service remains discontinued, the tenant or tenants may pay the outstanding bill for the most recent billing period, if the utility company or municipality will restore the service for at least one billing period.
(c) In the case of home heating oil or propane, if the landlord has not yet paid the bill by the time of the tenant's intended payment, or if the service remains discontinued, the tenant or tenants may order and pay for one month's supply of the proper grade and quality of oil or propane.
(d) After submitting receipts for the payment to the landlord, a tenant may deduct the amount of the tenant's payment from the rental payment next paid to the landlord. Any amount paid to the municipality, utility company, or other company by a tenant under this subdivision is considered payment of rent to the landlord for purposes of section 504B.291.
Subd. 4. Limitations; waiver prohibited; rights as additional.
The tenant rights under this section:
(1) do not extend to conditions caused by the willful, malicious,
or negligent conduct of the tenant or of a person under the tenant's direction
or control;
(2) may not be waived or modified; and
(3) are in addition to and do not limit other rights which may be
available to the tenant in law or equity, including the right to damages
and the right to restoration of possession of the premises under section
504B.291. Chap. 504B - 504B.215
HIST: 1999 c 199 art 1 s 24; 2000 c 268 s 1,2
Unlawful termination of utilities.
(a) 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:
(1) 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
(2) 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
(3) 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.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired. Chap. 504B - 504B.221
Intentional ouster and interruption of utilities; misdemeanor.
A landlord, an agent, or person acting under the landlord's direction or control who unlawfully and intentionally removes or excludes a tenant from lands or tenements or intentionally interrupts or causes the interruption of electrical, heat, gas, or water services to the tenant with intent to unlawfully remove or exclude the tenant from lands or tenements is guilty of a misdemeanor. In any trial under this section, it shall be presumed that the landlord, agent, or other person acting under the landlord's direction or control interrupted or caused the interruption of the service with intent to unlawfully remove or exclude the tenant from lands or tenements, if it is established by evidence that the landlord, an agent, or other person acting under the landlord's direction or control intentionally interrupted or caused the interruption of the service to the tenant. The burden is upon the landlord to rebut the presumption.
The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired. Chap. 504B - 504B.225
Damages for ouster.
(a) If a landlord, an agent, or other person acting under the landlord's direction or control unlawfully and in bad faith removes, excludes, or forcibly keeps out a tenant from residential premises, the tenant may recover from the landlord treble damages or $500, whichever is greater, and reasonable attorney's fees.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired. Chap. 504B - 504B.231
Definitions.
Subdivision 1. Applicability.
The definitions in this section apply to sections 504B.235 to 504B.245.
Subd. 2. Proper identification.
"Proper identification" means information generally considered
sufficient to identify a person, including a Minnesota driver's license,
a Minnesota identification card, other forms of identification provided
by a unit of government, a notarized statement of identity with a specimen
signature of the person, or other reasonable form of identification.
Subd. 3. Residential tenant report.
"Residential tenant report" means a written, oral, or other communication
by a residential tenant screening service that includes information concerning
an individual's creditworthiness, credit standing, credit capacity, character,
general reputation, personal characteristics, or mode of living, and that
is collected, used, or expected to be used for the purpose of making decisions
relating to residential tenancies or residential tenancy applications.
Subd. 4. Residential tenant screening service.
"Residential tenant screening service" means a person or business
regularly engaged in the practice of gathering, storing, or disseminating
information about tenants or assembling tenant reports for monetary fees,
dues, or on a cooperative nonprofit basis. Chap. 504B - 504B.235
Residential tenant reports; disclosure and corrections.
Subdivision 1. Disclosures required.
(a) Upon request and proper identification, a residential tenant
screening service must disclose the following information to an individual:
(1) the nature and substance of all information in its files on the individual at the time of the request; and
(2) the sources of the information.
(b) A residential tenant screening service must make the disclosures to an individual without charge if information in a residential tenant report has been used within the past 30 days to deny the rental or increase the security deposit or rent of a residential housing unit to the individual. If the residential tenant report has not been used to deny the rental or increase the rent or security deposit of a residential housing unit within the past 30 days, the residential tenant screening service may impose a reasonable charge for making the disclosure required under this section. The residential tenant screening service must notify the residential tenant of the amount of the charge before furnishing the information. The charge may not exceed the amount that the residential tenant screening service would impose on each designated recipient of a residential tenant report, except that no charge may be made for notifying persons of the deletion of information which is found to be inaccurate or which can no longer be verified.
(c) Files maintained on a residential tenant must be disclosed promptly as established in paragraphs (1) to (4).
(1) A residential tenant file must be disclosed in person, during normal business hours, at the location where the residential tenant screening service maintains its files, if the residential tenant appears in person and furnishes proper identification at that time.
(2) A residential tenant file must be disclosed by mail, if the
residential tenant makes a written request with proper identification for
a copy of the information contained in the residential tenant report and
requests that the information be
sent to a specified address. A disclosure made under this
paragraph shall be deposited in the United States mail, postage prepaid,
within five business days after the written request for disclosure is received
by the residential tenant screening service. A residential tenant
screening service complying with a request for disclosure under this paragraph
shall not be liable for disclosures to third parties caused by mishandling
mail, provided that the residential tenant file information is mailed to
the address specified by the residential tenant in the request.
(3) A summary of the information in a residential tenant file must be disclosed by telephone, if the residential tenant has made a written request with proper identification for telephone disclosure.
(4) Information in a residential tenant's file required to be disclosed
in writing under this subdivision may be disclosed in any other form including
electronic means if authorized by the residential tenant and available
from the residential tenant
screening service.
Subd. 2. Corrections.
If the completeness or accuracy of an item of information contained
in an individual's file is disputed by the individual, the residential
tenant screening service must reinvestigate and record the current status
of the information. If the information is found to be inaccurate
or can no longer be verified, the residential tenant screening service
must delete the information from the individual's file and residential
tenant report. At the request of the individual, the residential
tenant screening service must give notification of the deletions to persons
who have received the residential tenant report within the past six months.
Subd. 3. Explanations.
The residential tenant screening service must permit an individual
to explain any eviction report or any disputed item not resolved by reinvestigation
in a residential tenant report. The explanation must be included
in the residential tenant report. The residential tenant screening
service may limit the explanation to no more than 100 words.
Subd. 4. Court file information.
If a residential tenant screening service includes information
from a court file on an individual in a residential tenant report, the
report must provide the full name and date of birth of the individual in
any case where the court file includes the individual's full name and date
of birth, and the outcome of the court proceeding must be accurately recorded
in the residential tenant report including the specific basis of the court's
decision, when available. If a tenant screening service knows that
a court file has been expunged, the tenant screening service shall delete
any reference to that file in any data maintained or disseminated by the
screening service. Whenever the court supplies information from a
court file on an individual, in whatever form, the court shall include
the full name and date of birth of the individual, if that is indicated
on the court file or summary, and information on the outcome of the court
proceeding, including the specific basis of the court's decision, coded
as provided in subdivision 5 for the type of action, when it becomes available.
The residential tenant screening service is not liable under section 504B.245
if the residential tenant screening service reports complete and accurate
information as provided by the court.
Subd. 5. Eviction action coding.
The court shall indicate on the court file or any summary of a
court file the specific basis of the court's decision in an eviction
CHAPTER 504B
LANDLORD AND TENANT
Definitions.
Applicability. For the purposes of this chapter, the terms defined in this section have the meanings given them. Chap. 504B, 504B.001
Controlled substance.
"Controlled substance" means a drug, substance, or immediate precursor
in Schedules I through V of section 152.02. The term does not include
distilled spirits, wine, malt beverages, intoxicating liquors, or tobacco.
504B.002
Distress for rent.
"Distress for rent" means the act of a landlord seizing personal
property of the tenant or other person to enforce payment of rent. 504B.003
Evict or eviction.
"Evict" or "eviction" means a summary court proceeding to remove
a tenant or occupant from or otherwise recover possession of real property
by the process of law set out in this chapter. 504B.004
Housing-related neighborhood organization.
"Housing-related neighborhood organization" means a nonprofit
corporation incorporated under chapter 317A that:
(1) designates in its articles of incorporation or bylaws a specific
geographic community to which its activities are limited; and
(2) is formed for the purposes of promoting community safety, crime
prevention, and housing quality in a nondiscriminatory manner.
For purposes of this chapter, an action taken by a neighborhood
organization with the written permission of a residential tenant means,
with respect to a building with multiple dwelling units, an action taken
by the neighborhood organization with the written permission of the residential
tenants of a majority of the occupied units. 504B.005
Inspector.
"Inspector" means the person charged by the governing body of the
political subdivision in which a residential building is situated, with
the responsibility of enforcing provisions of local law, the breach of
which could constitute a violation as defined in subdivision 14, clause
(1). If there is no such person, "inspector" means the county agent of
a board of health as authorized under section 145A.04 or the chair of the
board of county commissioners, and in the case of a manufactured home park,
the state department of health or its designee. 504B.006
Landlord.
"Landlord" means an owner of real property, a contract for deed
vendee, receiver, executor, trustee, lessee, agent, or other person directly
or indirectly in control of rental property. 504B.007
Lease.
"Lease" means an oral or written agreement creating a tenancy in
real property. 504B.008
License.
"License" means a personal privilege to do a particular act or
series of acts on real property without possessing any estate or interest
in real property. It may be created in writing or orally. 504B.009
Person.
"Person" means a natural person, corporation, limited liability
company, partnership, joint enterprise, or unincorporated association.
504B.010
Residential building.
"Residential building" means:
(1) a building used in whole or in part as a dwelling, including
single-family homes, multiple-family units such as apartments, and structures
containing both dwelling units and units used for nondwelling purposes,
and includes a manufactured home park; or
(2) an unoccupied building which was previously used in whole or in part as a dwelling and which constitutes a nuisance under section 561.01. 504B.011
Residential tenant.
"Residential tenant" means a person who is occupying a dwelling
in a residential building under a lease or contract, whether oral or written,
that requires the payment of money or exchange of services, all other regular
occupants of that dwelling unit, or a resident of a manufactured home park.
504B.012
Tenancy at will.
"Tenancy at will" means a tenancy in which the tenant holds possession
by permission of the landlord but without a fixed ending date. 504B.013
Violation.
"Violation" means:
(1) a violation of any state, county or city health, safety, housing,
building, fire prevention, or housing maintenance code applicable to the
building;
(2) a violation of any of the covenants set forth in section 504B.161, subdivision 1, clause (1) or (2), or in section 504B.171, subdivision 1; or
(3) a violation of an oral or written agreement, lease, or contract for the rental of a dwelling in a building. 504B.014
Writ of recovery of premises and order to vacate.
"Writ of recovery of premises and order to vacate" means the writ set out in section 504B.361. 504B.015
Distress for rent.
The remedy of distress for rent is abolished. Chap. 504B, 504B.101
Written lease required; penalty.
A landlord of a residential building with 12 or more residential units must have a written lease for each unit rented to a residential tenant. Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask for the tenant's full name and date of birth on the lease and application. A landlord who fails to provide a lease, as required under this section, is guilty of a petty misdemeanor. Chap. 504B, 504B.111
Tenant to be given copy of lease.
Copy of written lease to tenant. Where there is a written lease, a landlord must give a copy to a tenant occupying a dwelling unit whose signature appears on the lease agreement. The landlord may obtain a signed and dated receipt, either as a separate document or an acknowledgment included in the lease agreement itself, from the tenant acknowledging that the tenant has received a copy of the lease. This signed receipt or acknowledgment is prima facie evidence that the tenant has received a copy of the lease.
Subd. 2. Legal action to enforce lease.
In any legal action to enforce a written lease, except for nonpayment
of rent, disturbing the peace, malicious destruction of property, or a
violation of section 504B.171, it is a defense for the tenant to prove
that the landlord failed to comply with subdivision 1. This defense
may be overcome if the landlord proves that the tenant had actual knowledge
of the term or terms of the lease upon which any legal action is based.
504B.115
Tenant may not deny title; exception.
A tenant in possession of real property under a lawful lease may not deny the landlord's title in an action brought by the landlord to recover possession of the property. This prohibition does not apply to a tenant who, prior to entering into the lease, possessed the property under a claim of title that was adverse or hostile to that of the landlord. 504B.121
Person in possession liable for rent; evidence.
Every person in possession of land out of which any rent is due, whether it was originally demised in fee, or for any other estate of freehold or for any term of years, shall be liable for the amount or proportion of rent due from the land in possession, although it be only a part of the land originally demised. Such rent may be recovered in a civil action, and the deed, demise, or other instrument showing the provisions of the lease may be used in evidence by either party to prove the amount due from the defendant. Nothing herein contained shall deprive landlords of any other legal remedy for the recovery of rent, whether secured to them by their leases or provided by law. 504B.125
Rent liability; uninhabitable buildings.
A tenant or occupant of a building that is destroyed or becomes uninhabitable or unfit for occupancy through no fault or neglect of the tenant or occupant may vacate and surrender such a building. A tenant or occupant may expressly agree otherwise except as prohibited by section 504B.161. 504B.131
Terminating tenancy at will.
(a) A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.
(b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days notice to quit in writing. 504B.135
Urban real estate; holding over.
When a tenant of urban real estate, or any interest therein, holds over and retains possession after expiration of the lease without the landlord's express agreement, no tenancy for any period other than the shortest interval between the times of payment of rent under the terms of the expired lease shall be implied. 504B.141
Restriction on automatic renewals of leases.
Notwithstanding the provisions of any residential lease, in order to enforce any automatic renewal clause of a lease of an original term of two months or more which states, in effect, that the term shall be deemed renewed for a specified additional period of time of two months or more unless the tenant gives notice to the landlord of an intention to quit the premises at the expiration of the term due to expire, the landlord must give notice to the tenant as provided in this section. The notice must be in writing and direct the tenant's attention to the automatic renewal provision of the lease. The notice must be served personally or mailed by certified mail at least 15 days, but not more than 30 days prior to the time that the tenant is required to furnish notice of an intention to quit. 504B.145
Restriction on residential lease terms for buildings in financial distress.
Once a landlord has received notice of a contract for deed cancellation under section 559.21 or notice of a mortgage foreclosure sale under chapter 580 or 582, the landlord may enter into a periodic residential lease agreement with a term of two months or less or a fixed term residential tenancy not extending beyond the cancellation period or the landlord's period of redemption until:
(1) the contract for deed has been reinstated or paid in full;
(2) the mortgage default has been cured and the mortgage reinstated;
(3) the mortgage has been satisfied;
(4) the property has been redeemed from a foreclosure sale; or
(5) a receiver has been appointed.
This section does not apply to a manufactured home park as defined
in section 327C.01, subdivision 5. 504B.151
Tenant must give cold weather notice before vacation of building.
Except upon the termination of the tenancy, a tenant who, between November 15 and April 15, removes from, abandons, or vacates a building or any part thereof that contains plumbing, water, steam, or other pipes liable to injury from freezing, without first giving to the landlord three days' notice of intention so to remove is guilty of a misdemeanor. 504B.155
Covenants of landlord or licensor.
Requirements.
In every lease or license of residential premises, the landlord or licensor covenants:
(1) that the premises and all common areas are fit for the use intended by the parties;
(2) to keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee; and
(3) to maintain the premises in compliance with the applicable health and safety laws of the state, including the weatherstripping, caulking, storm window, and storm door energy efficiency standards for renter-occupied residences prescribed by section 216C.27, subdivisions 1 and 3, and of the local units of government where the premises are located during the term of the lease or license, except when violation of the health and safety laws has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee. The parties to a lease or license of residential premises may not waive or modify the covenants imposed by this section. 504B.161
Subd. 2. Tenant maintenance.
The landlord or licensor may agree with the tenant or licensee
that the tenant or licensee is to perform specified repairs or maintenance,
but only if the agreement is supported by adequate consideration and set
forth in a conspicuous writing. No such agreement, however, may waive
the provisions of subdivision 1 or relieve the landlord or licensor of
the duty to maintain common areas of the premises.
Subd. 3. Liberal construction.
This section shall be liberally construed, and the opportunity
to inspect the premises before concluding a lease or license shall not
defeat the covenants established in this section.
Subd. 4. Covenants are in addition.
The covenants contained in this section are in addition to any
covenants or conditions imposed by law or ordinance or by the terms of
the lease or license.
Subd. 5. Injury to third parties.
Nothing in this section shall be construed to alter the liability
of the landlord or licensor of residential premises for injury to third
parties.
Subd. 6. Application.
The provisions of this section apply only to leases or licenses
of residential premises concluded or renewed on or after June 15, 1971.
For the purposes of this section, estates at will shall be deemed to be
renewed at the commencement of each rental period. Chap. 504B
Unlawful destruction; damages.
(a) An action may be brought for willful and malicious destruction of leased residential rental property. The prevailing party may recover actual damages, costs, and reasonable attorney fees, as well as other equitable relief as determined by the court.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. Chap. 504B- 504B.165
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 forexecution.
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. Chap. 504B
- 504B.171
Applicant screening fee.
Subdivision 1. Limit on number of applicant screening fees.
A landlord or the landlord's agent may not charge an applicant
a screening fee when the landlord knows or should have known that no rental
unit is available at that time or will be available within a reasonable
future time.
Subd. 2. Return of applicant screening fee.
If the landlord or the landlord's agent does not perform a personal
reference check or does not obtain a consumer credit report or tenant screening
report, the landlord or the landlord's agent shall return any amount of
the screening fee that is not used for those purposes. The screening
fee may be returned by mail, may be destroyed upon the applicant's request
if paid by check, or may be made available for the applicant to retrieve.
Subd. 3. Disclosures to applicant.
A landlord or the landlord's agent, prior to taking an application
fee from a prospective tenant, must disclose on the application form or
orally the name, address, and telephone number of the tenant screening
service the owner will use, unless the owner does not use a tenant screening
service.
Subd. 4. Remedies.
In addition to any other remedies, a landlord who violates this
section is liable to the applicant for the application fee plus a civil
penalty of up to $100, civil court filing costs, and reasonable attorney
fees incurred to enforce this remedy. Chap. 504B -504B.173
Prelease deposit.
Subdivision 1. Definition.
For the purpose of this section, "prelease deposit" means payment
given to a landlord from a prospective tenant of a residential dwelling
unit before the prospective tenant and the landlord have entered into a
rental agreement. "Prelease deposit" does not include the payment
of a reasonable applicant screening fee used to conduct a background check
on the prospective tenant.
Subd. 2. Limitations.
(a) A prelease deposit may be accepted only if the landlord and
prospective tenant enter into a conspicuous written agreement that includes:
(1) the circumstances under which it will be returned; and
(2) that the landlord is required to return the prelease deposit within seven days of the occurrence of a circumstance described in clause (1).
(b) "Return" means postmarked within seven days except that upon the prospective tenant's request, a landlord may destroy the payment or hold it for retrieval by the tenant instead of returning it by mail.
Subd. 3.
Application on entry into rental agreement. If a prospective tenant
and landlord do enter into a rental agreement, the prelease deposit must
be applied to that tenant's security deposit or rent.
Subd. 4. Remedies.
In addition to any other remedies, a landlord who violates this
section is liable to the payor of the prelease deposit for the amount of
the deposit paid, plus one-half of that amount as a penalty. A landlord
who enters into a rental agreement with a tenant is not liable under this
section unless the landlord failed to comply with subdivision 3.
Chap. 504B- 504B.175
Interest on security deposits; withholding security deposits; damages; limit on withholding last month's rent.
Subdivision 1. Applicability.
Any deposit of money, the function of which is to secure the performance
of a residential rental agreement or any part of such an agreement, other
than a deposit which is exclusively an advance payment of rent, shall be
governed by the provisions of this section.
Subd. 2. Interest.
Any deposit of money shall not be considered received in a fiduciary
capacity within the meaning of section 82.17, subdivision 7, but shall
be held by the landlord for the tenant who is party to the agreement and
shall bear simple noncompounded interest at the rate of three percent per
annum until May 1, 2004, and four percent per annum thereafter, computed
from the first day of the next month following the full payment of the
deposit to the last day of the month in which the landlord, in good faith,
complies with the requirements of subdivision 3 or to the date upon which
judgment is entered in any civil action involving the landlord's liability
for the deposit, whichever date is earlier. Any interest amount less
than $1 shall be excluded from the provisions of this section.
Subd. 3. Return of security deposit.
(a) Every landlord shall:
(1) within three weeks after termination of the tenancy; or
(2) within five days of the date when the tenant leaves the building or dwelling due to the legal condemnation of the building or dwelling in which the tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant,and after receipt of the tenant's mailing address or delivery instructions, return the deposit to the tenant, with interest thereon as provided in subdivision 2, or furnish to the tenant a written statement showing the specific reason for the withholding of the deposit or any portion thereof.
(b) It shall be sufficient compliance with the time requirement of this subdivision if the deposit or written statement required by this subdivision is placed in the United States mail as first class mail, postage prepaid, in an envelope with a proper return address, correctly addressed according to the mailing address or delivery instructions furnished by the tenant, within the time required by this subdivision. The landlord may withhold from the deposit only amounts reasonably necessary:
(1) to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement; or
(2) to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted.
(c) In any action concerning the deposit, the burden of proving, by a fair preponderance of the evidence, the reason for withholding all or any portion of the deposit shall be on the landlord.
Subd. 4. Damages.
Any landlord who fails to:
(1) provide a written statement within three weeks of termination
of the tenancy;
(2) provide a written statement within five days of the date when the tenant leaves the building or dwelling due to the legal condemnation of the building or dwelling in which the tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant; or
(3) transfer or return a deposit as required by subdivision 5, after receipt of the tenant's mailing address or delivery instructions, as required in subdivision 3, is liable to the tenant for damages in an amount equal to the portion of the deposit withheld by the landlord and interest thereon as provided in subdivision 2, as a penalty, in addition to the portion of the deposit wrongfully withheld by the landlord and interest thereon.
Subd. 5. Return of deposit.
Upon termination of the landlord's interest in the premises, whether
by sale, assignment, death, appointment of receiver or otherwise, the landlord
or the landlord's agent shall, within 60 days of termination of the interest
or when the successor in interest is required to return or otherwise account
for the deposit to the tenant, whichever occurs first, do one of the following
acts, either of which shall relieve the landlord or agent of further liability
with respect to such deposit:
(1) transfer the deposit, or any remainder after any lawful deductions made under subdivision 3, with interest thereon as provided in subdivision 2, to the landlord's successor in interest and thereafter notify the tenant of the transfer and of the transferee's name and address; or
(2) return the deposit, or any remainder after any lawful deductions made under subdivision 3, with interest thereon as provided in subdivision 2, to the tenant.
Subd. 6. Successor in interest.
Upon termination of the landlord's interest in the premises, whether
by sale, assignment, death, appointment of receiver or otherwise, the landlord's
successor in interest shall have all of the rights and obligations of the
landlord with respect to the deposit, except that if tenant does not object
to the stated amount within 20 days after written notice to tenant of the
amount of deposit being transferred or assumed, the obligation of the landlord's
successor to return the deposit shall be limited to the amount contained
in the notice. The notice shall contain a stamped envelope addressed
to landlord's successor and may be given by mail or by personal service.
Subd. 7. Bad faith retention.
The bad faith retention by a landlord of a deposit, the interest
thereon, or any portion thereof, in violation of this section shall subject
the landlord to punitive damages not to exceed $200 for each deposit in
addition to the damages provided in subdivision 4. If the landlord has
failed to comply with the provisions of subdivision 3 or 5, retention of
a deposit shall be presumed to be in bad faith unless the landlord returns
the deposit within two weeks after the commencement of any action for the
recovery of the deposit.
Subd. 8. Withholding rent.
No tenant may withhold payment of all or any portion of rent for
the last payment period of a residential rental agreement, except an oral
or written month to month residential rental agreement concerning which
neither the tenant nor landlord has served a notice to quit, on the grounds
that the deposit should serve as payment for the rent. Withholding
all or any portion of rent for the last payment period of the residential
rental agreement creates a rebuttable presumption that the tenant withheld
the last payment on the grounds that the deposit should serve as payment
for the rent. Any tenant who remains in violation of this subdivision
after written demand and notice of this subdivision shall be liable to
the landlord for the following:
(1) a penalty in an amount equal to the portion of the deposit which the landlord is entitled to withhold under subdivision 3 other than to remedy the tenant's default in the payment of rent; and
(2) interest on the whole deposit as provided in subdivision 2, in addition to the amount of rent withheld by the tenant in violation of this subdivision.
Subd. 9. Action to recover deposit.
An action, including an action in conciliation court, for the recovery
of a deposit on rental property may be brought in the county where the
rental property is located, or at the option of the tenant, in the county
of the landlord's residence.
Subd. 10. Waiver.
Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable.
Subd. 11. Tenancies after July 1, 1973.
The provisions of this section shall apply only to tenancies commencing
or renewed on or after July 1, 1973. For the purposes of this section,
estates at will shall be deemed to be renewed at the commencement of each
rental period. Chap. 504B -504B.178
Landlord or agent disclosure.
Subdivision 1. Disclosure to tenant.
There shall be disclosed to the residential tenant either in the
rental agreement or otherwise in writing prior to commencement of the tenancy
the name and address of:
(1) the person authorized to manage the premises; and
(2) the landlord of the premises or an agent authorized by the landlord to accept service or process and receive and give receipt for notices and demands.
Subd. 2. Posting of notice.
(a) A printed or typewritten notice containing the information
which must be disclosed under subdivision 1 shall be placed in a conspicuous
place on the premises. This subdivision is complied with if notices
posted in compliance with other statutes or ordinances contain the information
required by this section.
(b) Unless the landlord is required to post a notice by section
471.9995, the landlord shall also place a notice in a conspicuous place
on the property that states that a copy of the statement required by section
504B.275 is available from the
attorney general to any residential tenant upon request.
Subd. 3. Service of process.
If subdivisions 1 and 2 have not been complied with and a person
desiring to make service of process upon or give a notice or demand to
the landlord does not know the name and address of the landlord or the
landlord's agent, as that term is used in subdivision 1, then a caretaker
or manager of the premises or an individual to whom rental payments for
the premises are made shall be deemed to be an agent authorized to accept
service of process and receive and give receipt for notices and demands
on behalf of the landlord. In case of service of process upon or
receipt of notice or demand by a person who is deemed to be an agent pursuant
to this subdivision, this person shall give the process, notice, or demand,
or a copy thereof, to the landlord personally or shall send it by certified
mail, return receipt requested, to the landlord at the landlord's last
known address.
Subd. 4. Information required for maintenance of action.
Except as otherwise provided in this subdivision, no action to
recover rent or possession of the premises shall be maintained unless the
information required by this section has been disclosed to the tenant in
the manner provided in this section, or unless the information required
by this section is known by or has been disclosed to the tenant at least
30 days prior to the initiation of such action. Failure by the landlord
to post a notice required by subdivision 2, or section 471.9995 shall not
prevent any action to recover rent or possession of the premises.
Subd. 5. Notice to landlord.
Any residential tenant who moves from or subleases the premises
without giving the landlord at least 30 days written notice shall void
any provision of this section as to that tenant.
Subd. 6. Successors.
This section extends to and is enforceable against any successor
landlord or individual to whom rental payments for the premises are made.
Chap. 504B -504B.181
Inspection; notice.
Subdivision 1. Who may request.
If requested by a residential tenant, a housing-related neighborhood
organization with the written permission of a residential tenant, or, if
a residential building is unoccupied, by a housing-related neighborhood
organization, an inspection shall be made by the local authority charged
with enforcing a code claimed to be violated.
Subd. 2. Notice.
(a) After the local authority has inspected the residential building
under subdivision 1, the inspector shall inform the landlord or the landlord's
agent and the residential tenant or housing-related neighborhood organization
in writing of any code violations discovered.
(b) A reasonable period of time must be allowed in which to correct the violations. Chap. 504B -504B.185
Disclosure required for outstanding inspection and condemnation orders.
Subdivision 1. Disclosure to tenant.
(a) Except as provided in subdivision 3, a landlord, agent, or
person acting under the landlord's direction or control shall provide a
copy of all outstanding inspection orders for which a citation has been
issued, pertaining to a rental unit or common area, specifying code violations
issued under section 504B.185, that the housing inspector identifies as
requiring notice because the violations threaten the health or safety of
the tenant, and all outstanding condemnation orders and declarations that
the premises are unfit for human habitation to:
(1) a tenant, either by delivery or by United States mail, postage prepaid, within 72 hours after issuance of the citation;
(2) a person before signing a lease or paying rent or a security deposit to begin a new tenancy; and
(3) a person prior to obtaining new ownership of the property subject
to the order or declaration. The housing inspector shall indicate
on the inspection order whether the violation threatens the health or safety
of a tenant or prospective tenant.
(b) If an inspection order, for which a citation has been issued,
does not involve code violations that threaten the health or safety of
the tenants, the landlord, agent, or person acting under the landlord's
control shall post a summary of the inspection order in a conspicuous place
in each building affected by the inspection order, along with a notice
that the inspection order will be made available by the landlord for review,
upon a request of a tenant or prospective tenant. The landlord shall
provide a copy of the inspection order for review by a tenant or a prospective
tenant as required under this subdivision.
Subd. 2. Penalty.
If the landlord, agent, or person acting under the landlord's direction
or control violates this section, the tenant is entitled to remedies provided
by section 8.31, subdivision 3a, and other equitable relief as determined
by the court.
Subd. 3. Exception.
A landlord, agent, or person acting under the landlord's direction
or control is not in violation of this section if:
(1) the landlord, agent, or person acting under the landlord's
direction or control has received only an initial order to repair;
(2) the time allowed to complete the repairs, including any extension of the deadline, has not yet expired, or less than 60 days has elapsed since the expiration date of repair orders and any extension or no citation has been issued; or
(3) the landlord, agent, or person acting under the landlord's direction or control completes the repairs within the time given to repair, including any extension of the deadline.
Subd. 4. Landlord's defense.
It is an affirmative defense in an action brought under this section
for the landlord, agent, or person acting under the landlord's control
to prove that disclosure was made as required under subdivision 1.
Subd. 5. Remedies additional.
The remedies provided in this section are in addition to and shall
not limit other rights or remedies available to landlords and tenants.
Any provision, whether oral or written, of any lease or other agreement,
whereby any provision of this section is waived by a tenant, is contrary
to public policy and void. Chap. 504B -504B.195
Action for rental of condemned residential premises.
(a) A landlord, agent, or person acting under the landlord's direction or control may not accept rent or a security deposit for residential rental property from a tenant after the leased premises have been condemned or declared unfit for human habitation by the applicable state or local authority, if the tenancy commenced after the premises were condemned or declared unfit for human habitation. If a landlord, agent, or a person acting under the landlord's direction or control violates this section, the landlord is liable to the tenant for actual damages and an amount equal to three times the amount of all money collected from the tenant after date of condemnation or declaration, plus costs and attorney fees.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. Chap. 504B -504B.204
Residential tenant's right to seek police and emergency assistance.
Subdivision 1. Definitions.
In this section, "Domestic abuse" has the meaning given in section
518B.01, subdivision 2.
Subd. 2. Emergency calls permitted.
(a) A landlord may not:
(1) bar or limit a residential tenant's right to call for police or emergency assistance in response to domestic abuse or any other conduct; or
(2) impose a penalty on a residential tenant for calling for police or emergency assistance in response to domestic abuse or any other conduct.
(b) A residential tenant may not waive and a landlord may not require the residential tenant to waive the residential tenant's right to call for police or emergency assistance.
Subd. 3. Local preemption.
This section preempts any inconsistent local ordinance or rule
including, without limitation, any ordinance or rule that:
(1) requires an eviction after a specified number of calls by a residential tenant for police or emergency assistance in response to domestic abuse or any other conduct; or
(2) provides that calls by a residential tenant for police or emergency
assistance in response to domestic abuse or any other conduct may be used
to penalize or charge a fee to a landlord.
This subdivision shall not otherwise preempt any local ordinance
or rule that penalizes a landlord for, or requires a landlord to abate,
conduct on the premises that constitutes a nuisance or other disorderly
conduct as defined by local
ordinance or rule.
Subd. 4. Residential tenant responsibility.
This section shall not be construed to condone or permit any breach
of a lease or of law by a residential tenant including, but not limited
to, disturbing the peace and quiet of other tenants, damage to property,
and disorderly conduct.
Subd. 5. Residential tenant remedies.
A residential tenant may bring a civil action for a violation of
this section and recover from the landlord $250 or actual damages, whichever
is greater, and reasonable attorney's fees.
Subd. 6. Attorney general authority.
The attorney general has authority under section 8.31 to investigate
and prosecute violations of this section. Chap. 504B - 504B.205
Residential tenant's right to privacy.
Subdivision 1. Definitions.
For purposes of this section, "landlord" has the meaning defined
in section 504B.001, subdivision 7, and also includes the landlord's agent
or other person acting under the landlord's direction and control.
Subd. 2. Entry by landlord.
Except as provided in subdivision 5, a landlord may enter the premises
rented by a residential tenant only for a reasonable business purpose and
after making a good faith effort to give the residential tenant reasonable
notice under the circumstances of the intent to enter. A residential
tenant may not waive and the landlord may not require the residential tenant
to waive the residential tenant's right to prior notice of entry under
this section as a condition of entering into or maintaining the lease.
Subd. 3. Reasonable purpose.
For purposes of subdivision 2, a reasonable business purpose includes,
but is not limited to:
(1) showing the unit to prospective residential tenants during
the notice period before the lease terminates or after the current residential
tenant has given notice to move to the landlord or the landlord's agent;
(2) showing the unit to a prospective buyer or to an insurance representative;
(3) performing maintenance work;
(4) allowing inspections by state, county, or city officials charged in the enforcement of health, housing, building, fire prevention, or housing maintenance codes;
(5) the residential tenant is causing a disturbance within the unit;
(6) the landlord has a reasonable belief that the residential tenant is violating the lease within the residential tenant's unit;
(7) prearranged housekeeping work in senior housing where 80 percent or more of the residential tenants are age 55 or older;
(8) the landlord has a reasonable belief that the unit is being occupied by an individual without a legal right to occupy it; or
(9) the residential tenant has vacated the unit.
Subd. 4. Exception to notice requirement.
Notwithstanding subdivision 2, a landlord may enter the premises
rented by a residential tenant to inspect or take appropriate action without
prior notice to the residential tenant if the landlord reasonably suspects
that:
(1) immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement;
(2) immediate entry is necessary to determine a residential tenant's safety; or
(3) immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the residential tenant's premises.
Subd. 5. Entry without residential tenant's presence.
If the landlord enters when the residential tenant is not present
and prior notice has not been given, the landlord shall disclose the entry
by placing a written disclosure of the entry in a conspicuous place in
the premises.
Subd. 6. Penalty.
If a landlord substantially violates subdivision 2, the residential
tenant is entitled to a penalty which may include a rent reduction up to
full rescission of the lease, recovery of any damage deposit less any amount
retained under section 504B.178, and up to a $100 civil penalty for each
violation. If a landlord violates subdivision 5, the residential
tenant is entitled to up to a $100 civil penalty for each violation.
A residential tenant shall follow the procedures in section 504B.381, 504B.385,
and 504B.395 to 504B.471 to enforce the provisions of this section.
Subd. 7. Exemption.
This section does not apply to residential tenants and landlords
of manufactured home parks as defined in section 327C.01. Chap. 504B
- 504B.211
Emergency conditions; loss of essential services.
Subdivision 1. Definitions.
For the purposes of this section, "single-metered residential building"
means a multiunit rental building with one or more separate residential
living units where the utility service measured through a single meter
provides service to an individual unit and to all or parts of common areas
or other units.
Subd. 2. Single-meter utility service payments.
In a residential leasehold contract entered into or renewed on
or after August 1, 1995, the landlord of a single-metered residential building
shall be the bill payer responsible, and shall be the customer of record
contracting with the utility for utility services. The landlord must advise
the utility provider that the utility services apply to a single-metered
residential building. A failure by the landlord to comply with this
subdivision is a violation of sections 504B.161, subdivision 1, clause
(1), and 504B.221. This subdivision may not be waived by contract
or otherwise. This subdivision does not require a landlord to contract
and pay for utility service provided to each residential unit through a
separate meter which accurately measures that unit's use only. This
subdivision does not prohibit a landlord from apportioning utility service
payments among residential units and either including utility costs in
a unit's rent or billing for utility charges separate from rent.
Subd. 2a. Conditions of separate utility billing to tenant in
single-meter buildings.
If the landlord of a single-metered residential building bills
for utility charges separate from the rent, the following conditions apply:
(1) prospective tenants must be provided notice of the total utility cost for the building for each month of the most recent calendar year; and
(2) an equitable method of apportionment and the frequency of billing by the landlord must be predetermined and put in writing for all leases. The lease must contain a provision that, upon a tenant's request, a landlord must provide a copy of the actual utility bill for the building along with each apportioned utility bill. Upon a tenant's request, a landlord must also provide past copies of actual utility bills for any period of the tenancy for which the tenant received an apportioned utility bill. Past copies of utility bills must be provided for the preceding two years or from the time the current landlord acquired the building, whichever is most recent.
The landlord of a single-metered residential building who bills separately for utilities may, if the landlord and tenant agree, provide tenants with a lease term of one year or more the option to pay those bills under an annualized budget plan providing for level monthly payments based on a good-faith estimate of the annual bill.
By September 30 of each year, a landlord of a single-metered residential building who bills for gas and electric utility charges separate from rent shall inform tenants in writing of the possible availability of energy assistance from the low income home energy assistance program. The information must contain the toll-free telephone number of the administering agency.
Subd. 3. Procedure.
(a) When a municipality, utility company, or other company supplying
home heating oil, propane, natural gas, electricity, or water to a building
has issued a final notice or has posted the building proposing to disconnect
or discontinue the service to the building because a landlord who has contracted
for the service has failed to pay for it or because a landlord is required
by law or contract to pay for the service and fails to do so, a tenant
or group of tenants may pay to have the service continued or reconnected
as provided under this section. Before paying for the service, the
tenant or group of tenants shall give oral or written notice to the landlord
of the tenant's intention to pay after 48 hours, or a shorter period that
is reasonable under the circumstances, if the landlord has not already
paid for the service. In the case of oral notification, written notice
shall be mailed or delivered to the landlord within 24 hours after oral
notice is given.
(b) In the case of natural gas, electricity, or water, if the landlord has not yet paid the bill by the time of the tenant's intended payment, or if the service remains discontinued, the tenant or tenants may pay the outstanding bill for the most recent billing period, if the utility company or municipality will restore the service for at least one billing period.
(c) In the case of home heating oil or propane, if the landlord has not yet paid the bill by the time of the tenant's intended payment, or if the service remains discontinued, the tenant or tenants may order and pay for one month's supply of the proper grade and quality of oil or propane.
(d) After submitting receipts for the payment to the landlord, a tenant may deduct the amount of the tenant's payment from the rental payment next paid to the landlord. Any amount paid to the municipality, utility company, or other company by a tenant under this subdivision is considered payment of rent to the landlord for purposes of section 504B.291.
Subd. 4. Limitations; waiver prohibited; rights as additional.
The tenant rights under this section:
(1) do not extend to conditions caused by the willful, malicious,
or negligent conduct of the tenant or of a person under the tenant's direction
or control;
(2) may not be waived or modified; and
(3) are in addition to and do not limit other rights which may be
available to the tenant in law or equity, including the right to damages
and the right to restoration of possession of the premises under section
504B.291. Chap. 504B - 504B.215
HIST: 1999 c 199 art 1 s 24; 2000 c 268 s 1,2
Unlawful termination of utilities.
(a) 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:
(1) 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
(2) 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
(3) 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.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired. Chap. 504B - 504B.221
Intentional ouster and interruption of utilities; misdemeanor.
A landlord, an agent, or person acting under the landlord's direction or control who unlawfully and intentionally removes or excludes a tenant from lands or tenements or intentionally interrupts or causes the interruption of electrical, heat, gas, or water services to the tenant with intent to unlawfully remove or exclude the tenant from lands or tenements is guilty of a misdemeanor. In any trial under this section, it shall be presumed that the landlord, agent, or other person acting under the landlord's direction or control interrupted or caused the interruption of the service with intent to unlawfully remove or exclude the tenant from lands or tenements, if it is established by evidence that the landlord, an agent, or other person acting under the landlord's direction or control intentionally interrupted or caused the interruption of the service to the tenant. The burden is upon the landlord to rebut the presumption.
The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired. Chap. 504B - 504B.225
Damages for ouster.
(a) If a landlord, an agent, or other person acting under the landlord's direction or control unlawfully and in bad faith removes, excludes, or forcibly keeps out a tenant from residential premises, the tenant may recover from the landlord treble damages or $500, whichever is greater, and reasonable attorney's fees.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired. Chap. 504B - 504B.231
Definitions.
Subdivision 1. Applicability.
The definitions in this section apply to sections 504B.235 to 504B.245.
Subd. 2. Proper identification.
"Proper identification" means information generally considered
sufficient to identify a person, including a Minnesota driver's license,
a Minnesota identification card, other forms of identification provided
by a unit of government, a notarized statement of identity with a specimen
signature of the person, or other reasonable form of identification.
Subd. 3. Residential tenant report.
"Residential tenant report" means a written, oral, or other communication
by a residential tenant screening service that includes information concerning
an individual's creditworthiness, credit standing, credit capacity, character,
general reputation, personal characteristics, or mode of living, and that
is collected, used, or expected to be used for the purpose of making decisions
relating to residential tenancies or residential tenancy applications.
Subd. 4. Residential tenant screening service.
"Residential tenant screening service" means a person or business
regularly engaged in the practice of gathering, storing, or disseminating
information about tenants or assembling tenant reports for monetary fees,
dues, or on a cooperative nonprofit basis. Chap. 504B - 504B.235
Residential tenant reports; disclosure and corrections.
Subdivision 1. Disclosures required.
(a) Upon request and proper identification, a residential tenant
screening service must disclose the following information to an individual:
(1) the nature and substance of all information in its files on the individual at the time of the request; and
(2) the sources of the information.
(b) A residential tenant screening service must make the disclosures to an individual without charge if information in a residential tenant report has been used within the past 30 days to deny the rental or increase the security deposit or rent of a residential housing unit to the individual. If the residential tenant report has not been used to deny the rental or increase the rent or security deposit of a residential housing unit within the past 30 days, the residential tenant screening service may impose a reasonable charge for making the disclosure required under this section. The residential tenant screening service must notify the residential tenant of the amount of the charge before furnishing the information. The charge may not exceed the amount that the residential tenant screening service would impose on each designated recipient of a residential tenant report, except that no charge may be made for notifying persons of the deletion of information which is found to be inaccurate or which can no longer be verified.
(c) Files maintained on a residential tenant must be disclosed promptly as established in paragraphs (1) to (4).
(1) A residential tenant file must be disclosed in person, during normal business hours, at the location where the residential tenant screening service maintains its files, if the residential tenant appears in person and furnishes proper identification at that time.
(2) A residential tenant file must be disclosed by mail, if the
residential tenant makes a written request with proper identification for
a copy of the information contained in the residential tenant report and
requests that the information be
sent to a specified address. A disclosure made under this
paragraph shall be deposited in the United States mail, postage prepaid,
within five business days after the written request for disclosure is received
by the residential tenant screening service. A residential tenant
screening service complying with a request for disclosure under this paragraph
shall not be liable for disclosures to third parties caused by mishandling
mail, provided that the residential tenant file information is mailed to
the address specified by the residential tenant in the request.
(3) A summary of the information in a residential tenant file must be disclosed by telephone, if the residential tenant has made a written request with proper identification for telephone disclosure.
(4) Information in a residential tenant's file required to be disclosed
in writing under this subdivision may be disclosed in any other form including
electronic means if authorized by the residential tenant and available
from the residential tenant
screening service.
Subd. 2. Corrections.
If the completeness or accuracy of an item of information contained
in an individual's file is disputed by the individual, the residential
tenant screening service must reinvestigate and record the current status
of the information. If the information is found to be inaccurate
or can no longer be verified, the residential tenant screening service
must delete the information from the individual's file and residential
tenant report. At the request of the individual, the residential
tenant screening service must give notification of the deletions to persons
who have received the residential tenant report within the past six months.
Subd. 3. Explanations.
The residential tenant screening service must permit an individual
to explain any eviction report or any disputed item not resolved by reinvestigation
in a residential tenant report. The explanation must be included
in the residential tenant report. The residential tenant screening
service may limit the explanation to no more than 100 words.
Subd. 4. Court file information.
If a residential tenant screening service includes information
from a court file on an individual in a residential tenant report, the
report must provide the full name and date of birth of the individual in
any case where the court file includes the individual's full name and date
of birth, and the outcome of the court proceeding must be accurately recorded
in the residential tenant report including the specific basis of the court's
decision, when available. If a tenant screening service knows that
a court file has been expunged, the tenant screening service shall delete
any reference to that file in any data maintained or disseminated by the
screening service. Whenever the court supplies information from a
court file on an individual, in whatever form, the court shall include
the full name and date of birth of the individual, if that is indicated
on the court file or summary, and information on the outcome of the court
proceeding, including the specific basis of the court's decision, coded
as provided in subdivision 5 for the type of action, when it becomes available.
The residential tenant screening service is not liable under section 504B.245
if the residential tenant screening service reports complete and accurate
information as provided by the court.
Subd. 5. Eviction action coding.
The court shall indicate on the court file or any summary of a
court file the specific basis of the court's decision in an eviction