1.1 A bill for an act
1.2 relating to landlord and tenant; clarifying effective dates; modifying landlord
1.3 covenants; providing additional remedies; making technical changes; amending
1.4 Minnesota Statutes 2024, sections 8.31, subdivision 1; 504B.161, subdivision 1;
1.5 504B.385, subdivision 1; 504B.395, subdivision 4; Laws 2023, chapter 52, article
1.6 19, sections 90; 102.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 8.31, subdivision 1, is amended to read:
1.9 Subdivision 1.Investigate offenses against provisions of certain designated sections;
1.10assist in enforcement.The attorney general shall investigate violations of the law of this
1.11state respecting unfair, discriminatory, and other unlawful practices in business, commerce,
1.12or trade, and specifically, but not exclusively, the Nonprofit Corporation Act (sections
1.13317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections
1.14325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16),
1.15the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against
1.16false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67,
1.17the act against monopolization of food products (section 325D.68), the act regulating
1.18telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act
1.19(sections 325F.68 to 325F.70), and chapter 53A, and chapter 504B regulating currency
1.20exchanges and assist in the enforcement of those laws as in this section provided.
1.21 Sec. 2. Minnesota Statutes 2024, section 504B.161, subdivision 1, is amended to read:
1.22 Subdivision 1.Requirements.(a) In every lease or license of residential premises, the
1.23landlord or licensor covenants:
1Sec. 2.
25-03072 as introduced02/04/25 REVISOR JSK/KR
SENATE
STATE OF MINNESOTA
S.F. No. 1565NINETY-FOURTH SESSION
(SENATE AUTHORS: PHA, Mohamed and Boldon)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/17/2025
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;
2.2 (2) to keep the premises and all common areas in reasonable repair during the term of
2.3the lease or license, including services and conditions listed in section 504B.381, subdivision
2.41, and extermination of insects, rodents, vermin, or other pests on the premises, except when
2.5the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant
2.6or licensee or a person under the direction or control of the tenant or licensee;
2.7 (3) to make the premises and all common areas reasonably energy efficient by installing
2.8weatherstripping, caulking, storm windows, and storm doors when any such measure will
2.9result in energy procurement cost savings, based on current and projected average residential
2.10energy costs in Minnesota, that will exceed the cost of implementing that measure, including
2.11interest, amortized over the ten-year period following the incurring of the cost;
2.12 (4) to maintain the premises and all common areas in compliance with the applicable
2.13health and safety laws of the United States, of the state, and of the local units of government,
2.14including ordinances regulating rental licensing, where the premises are located during the
2.15term of the lease or license, except when violation of the health and safety laws has been
2.16caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
2.17person under the direction or control of the tenant or licensee; and
2.18 (5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from
2.19October 1 through April 30, unless a utility company requires and instructs the heat to be
2.20reduced; and
2.21 (6) to not commit a violation as defined in section 504B.001, subdivision 14.
2.22 (b) The parties to a lease or license of residential premises may not waive or modify the
2.23covenants imposed by this section.
2.24 Sec. 3. Minnesota Statutes 2024, section 504B.385, subdivision 1, is amended to read:
2.25 Subdivision 1.Escrow of rent.(a) If a violation exists in a residential building, a
2.26residential tenant may deposit the amount of rent due to the landlord with the court
2.27administrator using the procedures described in paragraphs (b) to (d).
2.28 (b) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
2.29residential tenant may deposit with the court administrator the rent due to the landlord along
2.30with a copy of the written notice of the code violation as provided in section 504B.185,
2.31subdivision 2. The residential tenant may not deposit the rent or file the written notice of
2.32the code violation until the time granted to make repairs has expired without satisfactory
2.33repairs being made, unless the residential tenant alleges that the time granted is excessive.
2Sec. 3.
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),
3.2or (5), the residential tenant must give written notice to the landlord specifying the violation.
3.3The notice must be delivered personally or sent to the person or place where rent is normally
3.4paid. If the violation is not corrected within 14 days, the residential tenant may deposit the
3.5amount of rent due to the landlord with the court administrator along with an affidavit
3.6specifying the violation. The court must provide a simplified form affidavit for use under
3.7this paragraph.
3.8 (d) The residential tenant need not deposit rent if none is due to the landlord at the time
3.9the residential tenant files the notice required by paragraph (b) or (c). All rent which becomes
3.10due to the landlord after that time but before the hearing under subdivision 6 must be
3.11deposited with the court administrator. As long as proceedings are pending under this section,
3.12the residential tenant must pay rent to the landlord or as directed by the court and may not
3.13withhold rent to remedy a violation.
3.14 Sec. 4. Minnesota Statutes 2024, section 504B.395, subdivision 4, is amended to read:
3.15 Subd. 4.Landlord must be informed.A landlord must be informed in writing of an
3.16alleged violation at least 14 days before an action is brought by:
3.17 (1) a residential tenant of a residential building in which a violation as defined in section
3.18504B.001, subdivision 14, clause (2) or, (3), (4), or (5), is alleged to exist; or
3.19 (2) a housing-related neighborhood organization, with the written permission of a
3.20residential tenant of a residential building in which a violation, as defined in section
3.21504B.001, subdivision 14, clause (2), (3), (4), or (5), is alleged to exist. The notice
3.22requirement may be waived if the court finds that the landlord cannot be located despite
3.23diligent efforts.
3.24 Sec. 5. Laws 2023, chapter 52, article 19, section 90, is amended to read:
3.25 Sec. 90. EFFECTIVE DATE.
3.26 Sections 83 to 89 are effective January 1, 2024, and apply to leases signed entered into,
3.27renewed, or extended on or after that date. For the purposes of this section, estates at will
3.28shall be deemed to be renewed or extended at the commencement of each rental period.
3.29 EFFECTIVE DATE.This section is effective retroactively from January 1, 2024.
3Sec. 5.
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:
4.2 Sec. 102. EFFECTIVE DATE.
4.3 Sections 97, 98, and 100 are effective January 1, 2024, and apply to leases entered into
4.4or, renewed, or extended on or after January 1, 2024. For the purposes of this section, estates
4.5at will shall be deemed to be renewed or extended at the commencement of each rental
4.6period.
4.7 EFFECTIVE DATE.This section is effective retroactively from January 1, 2024.
4Sec. 6.
25-03072 as introduced02/04/25 REVISOR JSK/KR