Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2261 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to landlord and tenant; clarifying effective dates; modifying landlord
3	3	1.3 covenants; providing additional remedies; making technical changes; amending
4	4	1.4 Minnesota Statutes 2024, sections 8.31, subdivision 1; 504B.161, subdivision 1;
5	5	1.5 504B.385, subdivision 1; 504B.395, subdivision 4; Laws 2023, chapter 52, article
6	6	1.6 19, sections 90; 102.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 8.31, subdivision 1, is amended to read:
9	9	1.9 Subdivision 1.Investigate offenses against provisions of certain designated sections;
10	10	1.10assist in enforcement.The attorney general shall investigate violations of the law of this
11	11	1.11state respecting unfair, discriminatory, and other unlawful practices in business, commerce,
12	12	1.12or trade, and specifically, but not exclusively, the Nonprofit Corporation Act (sections
13	13	1.13317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections
14	14	1.14325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16),
15	15	1.15the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against
16	16	1.16false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67,
17	17	1.17the act against monopolization of food products (section 325D.68), the act regulating
18	18	1.18telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act
19	19	1.19(sections 325F.68 to 325F.70), and chapter 53A, and chapter 504B regulating currency
20	20	1.20exchanges and assist in the enforcement of those laws as in this section provided.
21	21	1.21 Sec. 2. Minnesota Statutes 2024, section 504B.161, subdivision 1, is amended to read:
22	22	1.22 Subdivision 1.Requirements.(a) In every lease or license of residential premises, the
23	23	1.23landlord or licensor covenants:
24	24	1Sec. 2.
25	25	REVISOR JSK/KR 25-0307202/04/25
26	26	State of Minnesota
27	27	This Document can be made available
28	28	in alternative formats upon request
29	29	HOUSE OF REPRESENTATIVES
30	30	H. F. No. 2261
31	31	NINETY-FOURTH SESSION
32	32	Authored by Kozlowski, Feist and Frazier03/12/2025
33	33	The bill was read for the first time and referred to the Committee on Housing Finance and Policy 2.1 (1) that the premises and all common areas are fit for the use intended by the parties;
34	34	2.2 (2) to keep the premises and all common areas in reasonable repair during the term of
35	35	2.3the lease or license, including services and conditions listed in section 504B.381, subdivision
36	36	2.41, and extermination of insects, rodents, vermin, or other pests on the premises, except when
37	37	2.5the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant
38	38	2.6or licensee or a person under the direction or control of the tenant or licensee;
39	39	2.7 (3) to make the premises and all common areas reasonably energy efficient by installing
40	40	2.8weatherstripping, caulking, storm windows, and storm doors when any such measure will
41	41	2.9result in energy procurement cost savings, based on current and projected average residential
42	42	2.10energy costs in Minnesota, that will exceed the cost of implementing that measure, including
43	43	2.11interest, amortized over the ten-year period following the incurring of the cost;
44	44	2.12 (4) to maintain the premises and all common areas in compliance with the applicable
45	45	2.13health and safety laws of the United States, of the state, and of the local units of government,
46	46	2.14including ordinances regulating rental licensing, where the premises are located during the
47	47	2.15term of the lease or license, except when violation of the health and safety laws has been
48	48	2.16caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
49	49	2.17person under the direction or control of the tenant or licensee; and
50	50	2.18 (5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from
51	51	2.19October 1 through April 30, unless a utility company requires and instructs the heat to be
52	52	2.20reduced; and
53	53	2.21 (6) to not commit a violation as defined in section 504B.001, subdivision 14.
54	54	2.22 (b) The parties to a lease or license of residential premises may not waive or modify the
55	55	2.23covenants imposed by this section.
56	56	2.24 Sec. 3. Minnesota Statutes 2024, section 504B.385, subdivision 1, is amended to read:
57	57	2.25 Subdivision 1.Escrow of rent.(a) If a violation exists in a residential building, a
58	58	2.26residential tenant may deposit the amount of rent due to the landlord with the court
59	59	2.27administrator using the procedures described in paragraphs (b) to (d).
60	60	2.28 (b) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
61	61	2.29residential tenant may deposit with the court administrator the rent due to the landlord along
62	62	2.30with a copy of the written notice of the code violation as provided in section 504B.185,
63	63	2.31subdivision 2. The residential tenant may not deposit the rent or file the written notice of
64	64	2.32the code violation until the time granted to make repairs has expired without satisfactory
65	65	2.33repairs being made, unless the residential tenant alleges that the time granted is excessive.
66	66	2Sec. 3.
67	67	REVISOR JSK/KR 25-0307202/04/25 3.1 (c) For a violation as defined in section 504B.001, subdivision 14, clause (2) or, (3), (4),
68	68	3.2or (5), the residential tenant must give written notice to the landlord specifying the violation.
69	69	3.3The notice must be delivered personally or sent to the person or place where rent is normally
70	70	3.4paid. If the violation is not corrected within 14 days, the residential tenant may deposit the
71	71	3.5amount of rent due to the landlord with the court administrator along with an affidavit
72	72	3.6specifying the violation. The court must provide a simplified form affidavit for use under
73	73	3.7this paragraph.
74	74	3.8 (d) The residential tenant need not deposit rent if none is due to the landlord at the time
75	75	3.9the residential tenant files the notice required by paragraph (b) or (c). All rent which becomes
76	76	3.10due to the landlord after that time but before the hearing under subdivision 6 must be
77	77	3.11deposited with the court administrator. As long as proceedings are pending under this section,
78	78	3.12the residential tenant must pay rent to the landlord or as directed by the court and may not
79	79	3.13withhold rent to remedy a violation.
80	80	3.14 Sec. 4. Minnesota Statutes 2024, section 504B.395, subdivision 4, is amended to read:
81	81	3.15 Subd. 4.Landlord must be informed.A landlord must be informed in writing of an
82	82	3.16alleged violation at least 14 days before an action is brought by:
83	83	3.17 (1) a residential tenant of a residential building in which a violation as defined in section
84	84	3.18504B.001, subdivision 14, clause (2) or, (3), (4), or (5), is alleged to exist; or
85	85	3.19 (2) a housing-related neighborhood organization, with the written permission of a
86	86	3.20residential tenant of a residential building in which a violation, as defined in section
87	87	3.21504B.001, subdivision 14, clause (2), (3), (4), or (5), is alleged to exist. The notice
88	88	3.22requirement may be waived if the court finds that the landlord cannot be located despite
89	89	3.23diligent efforts.
90	90	3.24 Sec. 5. Laws 2023, chapter 52, article 19, section 90, is amended to read:
91	91	3.25 Sec. 90. EFFECTIVE DATE.
92	92	3.26 Sections 83 to 89 are effective January 1, 2024, and apply to leases signed entered into,
93	93	3.27renewed, or extended on or after that date. For the purposes of this section, estates at will
94	94	3.28shall be deemed to be renewed or extended at the commencement of each rental period.
95	95	3.29 EFFECTIVE DATE.This section is effective retroactively from January 1, 2024.
96	96	3Sec. 5.
97	97	REVISOR JSK/KR 25-0307202/04/25 4.1 Sec. 6. Laws 2023, chapter 52, article 19, section 102, is amended to read:
98	98	4.2 Sec. 102. EFFECTIVE DATE.
99	99	4.3 Sections 97, 98, and 100 are effective January 1, 2024, and apply to leases entered into
100	100	4.4or, renewed, or extended on or after January 1, 2024. For the purposes of this section, estates
101	101	4.5at will shall be deemed to be renewed or extended at the commencement of each rental
102	102	4.6period.
103	103	4.7 EFFECTIVE DATE.This section is effective retroactively from January 1, 2024.
104	104	4Sec. 6.
105	105	REVISOR JSK/KR 25-0307202/04/25