Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1565 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	25-03072 as introduced02/04/25 REVISOR JSK/KR
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 1565NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: PHA, Mohamed and Boldon)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading02/17/2025
32	32	Referred to Judiciary and Public Safety 2.1 (1) that the premises and all common areas are fit for the use intended by the parties;
33	33	2.2 (2) to keep the premises and all common areas in reasonable repair during the term of
34	34	2.3the lease or license, including services and conditions listed in section 504B.381, subdivision
35	35	2.41, and extermination of insects, rodents, vermin, or other pests on the premises, except when
36	36	2.5the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant
37	37	2.6or licensee or a person under the direction or control of the tenant or licensee;
38	38	2.7 (3) to make the premises and all common areas reasonably energy efficient by installing
39	39	2.8weatherstripping, caulking, storm windows, and storm doors when any such measure will
40	40	2.9result in energy procurement cost savings, based on current and projected average residential
41	41	2.10energy costs in Minnesota, that will exceed the cost of implementing that measure, including
42	42	2.11interest, amortized over the ten-year period following the incurring of the cost;
43	43	2.12 (4) to maintain the premises and all common areas in compliance with the applicable
44	44	2.13health and safety laws of the United States, of the state, and of the local units of government,
45	45	2.14including ordinances regulating rental licensing, where the premises are located during the
46	46	2.15term of the lease or license, except when violation of the health and safety laws has been
47	47	2.16caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
48	48	2.17person under the direction or control of the tenant or licensee; and
49	49	2.18 (5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from
50	50	2.19October 1 through April 30, unless a utility company requires and instructs the heat to be
51	51	2.20reduced; and
52	52	2.21 (6) to not commit a violation as defined in section 504B.001, subdivision 14.
53	53	2.22 (b) The parties to a lease or license of residential premises may not waive or modify the
54	54	2.23covenants imposed by this section.
55	55	2.24 Sec. 3. Minnesota Statutes 2024, section 504B.385, subdivision 1, is amended to read:
56	56	2.25 Subdivision 1.Escrow of rent.(a) If a violation exists in a residential building, a
57	57	2.26residential tenant may deposit the amount of rent due to the landlord with the court
58	58	2.27administrator using the procedures described in paragraphs (b) to (d).
59	59	2.28 (b) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
60	60	2.29residential tenant may deposit with the court administrator the rent due to the landlord along
61	61	2.30with a copy of the written notice of the code violation as provided in section 504B.185,
62	62	2.31subdivision 2. The residential tenant may not deposit the rent or file the written notice of
63	63	2.32the code violation until the time granted to make repairs has expired without satisfactory
64	64	2.33repairs being made, unless the residential tenant alleges that the time granted is excessive.
65	65	2Sec. 3.
66	66	25-03072 as introduced02/04/25 REVISOR JSK/KR 3.1 (c) For a violation as defined in section 504B.001, subdivision 14, clause (2) or, (3), (4),
67	67	3.2or (5), the residential tenant must give written notice to the landlord specifying the violation.
68	68	3.3The notice must be delivered personally or sent to the person or place where rent is normally
69	69	3.4paid. If the violation is not corrected within 14 days, the residential tenant may deposit the
70	70	3.5amount of rent due to the landlord with the court administrator along with an affidavit
71	71	3.6specifying the violation. The court must provide a simplified form affidavit for use under
72	72	3.7this paragraph.
73	73	3.8 (d) The residential tenant need not deposit rent if none is due to the landlord at the time
74	74	3.9the residential tenant files the notice required by paragraph (b) or (c). All rent which becomes
75	75	3.10due to the landlord after that time but before the hearing under subdivision 6 must be
76	76	3.11deposited with the court administrator. As long as proceedings are pending under this section,
77	77	3.12the residential tenant must pay rent to the landlord or as directed by the court and may not
78	78	3.13withhold rent to remedy a violation.
79	79	3.14 Sec. 4. Minnesota Statutes 2024, section 504B.395, subdivision 4, is amended to read:
80	80	3.15 Subd. 4.Landlord must be informed.A landlord must be informed in writing of an
81	81	3.16alleged violation at least 14 days before an action is brought by:
82	82	3.17 (1) a residential tenant of a residential building in which a violation as defined in section
83	83	3.18504B.001, subdivision 14, clause (2) or, (3), (4), or (5), is alleged to exist; or
84	84	3.19 (2) a housing-related neighborhood organization, with the written permission of a
85	85	3.20residential tenant of a residential building in which a violation, as defined in section
86	86	3.21504B.001, subdivision 14, clause (2), (3), (4), or (5), is alleged to exist. The notice
87	87	3.22requirement may be waived if the court finds that the landlord cannot be located despite
88	88	3.23diligent efforts.
89	89	3.24 Sec. 5. Laws 2023, chapter 52, article 19, section 90, is amended to read:
90	90	3.25 Sec. 90. EFFECTIVE DATE.
91	91	3.26 Sections 83 to 89 are effective January 1, 2024, and apply to leases signed entered into,
92	92	3.27renewed, or extended on or after that date. For the purposes of this section, estates at will
93	93	3.28shall be deemed to be renewed or extended at the commencement of each rental period.
94	94	3.29 EFFECTIVE DATE.This section is effective retroactively from January 1, 2024.
95	95	3Sec. 5.
96	96	25-03072 as introduced02/04/25 REVISOR JSK/KR 4.1 Sec. 6. Laws 2023, chapter 52, article 19, section 102, is amended to read:
97	97	4.2 Sec. 102. EFFECTIVE DATE.
98	98	4.3 Sections 97, 98, and 100 are effective January 1, 2024, and apply to leases entered into
99	99	4.4or, renewed, or extended on or after January 1, 2024. For the purposes of this section, estates
100	100	4.5at will shall be deemed to be renewed or extended at the commencement of each rental
101	101	4.6period.
102	102	4.7 EFFECTIVE DATE.This section is effective retroactively from January 1, 2024.
103	103	4Sec. 6.
104	104	25-03072 as introduced02/04/25 REVISOR JSK/KR