1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to landlord and tenant; modifying requirements for a written lease; requiring |
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3 | 3 | | 1.3 disclosure of additional landlord contact information; prohibiting landlords from |
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4 | 4 | | 1.4 listing the name of a minor child of a tenant in a lease or eviction complaint; |
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5 | 5 | | 1.5 establishing a right of a prospective tenant to view the rental unit; establishing |
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6 | 6 | | 1.6 additional tenant remedies and penalties against landlords; amending Minnesota |
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7 | 7 | | 1.7 Statutes 2024, sections 504B.111; 504B.181, subdivision 1; proposing coding for |
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8 | 8 | | 1.8 new law in Minnesota Statutes, chapter 504B. |
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9 | 9 | | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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10 | 10 | | 1.10 Section 1. Minnesota Statutes 2024, section 504B.111, is amended to read: |
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11 | 11 | | 1.11 504B.111 WRITTEN LEASE REQUIRED; PENALTY. |
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12 | 12 | | 1.12 (a) A landlord must include in any written lease all the terms of the tenancy. A landlord |
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13 | 13 | | 1.13may not unilaterally amend or change a written lease. The written lease must identify the |
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14 | 14 | | 1.14specific unit the residential tenant will occupy before the residential tenant signs the lease. |
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15 | 15 | | 1.15Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask |
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16 | 16 | | 1.16for the tenant's full name and date of birth on the lease and application. A landlord and |
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17 | 17 | | 1.17tenant may agree to amend a lease only if the amendment is supported by adequate |
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18 | 18 | | 1.18consideration and the consideration is specifically set forth in a conspicuous writing. A |
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19 | 19 | | 1.19landlord may offer a new lease to be effective after expiration of the current lease with terms |
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20 | 20 | | 1.20different from the current lease. |
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21 | 21 | | 1.21 (b) A landlord of a residential building with 12 or more residential units must have a |
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22 | 22 | | 1.22written lease for each unit rented to a residential tenant. The written lease must identify the |
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23 | 23 | | 1.23specific unit the residential tenant will occupy before the residential tenant signs the lease. |
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24 | 24 | | 1.24Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask |
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25 | 25 | | 1Section 1. |
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26 | 26 | | 25-02625 as introduced02/03/25 REVISOR JSK/DG |
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27 | 27 | | SENATE |
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28 | 28 | | STATE OF MINNESOTA |
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29 | 29 | | S.F. No. 1685NINETY-FOURTH SESSION |
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30 | 30 | | (SENATE AUTHORS: CLARK, Mohamed, Westlin, McEwen and Abeler) |
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31 | 31 | | OFFICIAL STATUSD-PGDATE |
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32 | 32 | | Introduction and first reading02/20/2025 |
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33 | 33 | | Referred to Judiciary and Public Safety 2.1for the tenant's full name and date of birth on the lease and application. A landlord who fails |
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34 | 34 | | 2.2to provide a lease, as required under this section, is guilty of a petty misdemeanor. |
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35 | 35 | | 2.3 (c) The tenant shall recover from the landlord treble actual and consequential damages |
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36 | 36 | | 2.4or $500, whichever is greater, and reasonable attorney fees, for a violation of this section. |
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37 | 37 | | 2.5 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to leases |
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38 | 38 | | 2.6entered into, renewed, or extended on or after that date. For the purposes of this section, |
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39 | 39 | | 2.7estates at will shall be deemed to be renewed or extended at the commencement of each |
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40 | 40 | | 2.8rental period. |
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41 | 41 | | 2.9 Sec. 2. Minnesota Statutes 2024, section 504B.181, subdivision 1, is amended to read: |
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42 | 42 | | 2.10 Subdivision 1.Disclosure to tenant.(a) There shall be disclosed to the residential tenant |
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43 | 43 | | 2.11either in the rental agreement or otherwise in writing prior to commencement of the tenancy |
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44 | 44 | | 2.12the name and, occupied street address within 50 miles of the dwelling, phone number, and |
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45 | 45 | | 2.13email address of: |
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46 | 46 | | 2.14 (1) the owner of the premises; |
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47 | 47 | | 2.15 (1) (2) the person authorized to manage the premises; and |
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48 | 48 | | 2.16 (2) (3) the landlord of the premises or and an agent authorized by the landlord to accept |
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49 | 49 | | 2.17service of process and receive and give receipt for notices and demands. |
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50 | 50 | | 2.18 (b) An occupied street address does not include post office boxes and commercial mail |
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51 | 51 | | 2.19boxes. The phone number and email address shall be normally answerable 24 hours a day, |
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52 | 52 | | 2.20seven days a week, not subject to normal business hours. The persons designated shall |
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53 | 53 | | 2.21respond to inquiries from tenants within a reasonable period of time. |
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54 | 54 | | 2.22 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to leases |
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55 | 55 | | 2.23entered into, renewed, or extended on or after that date. For the purposes of this section, |
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56 | 56 | | 2.24estates at will shall be deemed to be renewed or extended at the commencement of each |
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57 | 57 | | 2.25rental period. |
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58 | 58 | | 2.26 Sec. 3. [504B.2136] LISTING OF MINORS AS LEASE PARTIES OR DEFENDANTS |
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59 | 59 | | 2.27PROHIBITED. |
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60 | 60 | | 2.28 (a) A residential lease shall not list a minor child of a residential tenant as a tenant. If a |
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61 | 61 | | 2.29minor is the only person renting the unit from the landlord, the lease may list the minor as |
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62 | 62 | | 2.30a tenant. |
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63 | 63 | | 2Sec. 3. |
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64 | 64 | | 25-02625 as introduced02/03/25 REVISOR JSK/DG 3.1 (b) A residential landlord shall not list a minor child of a residential tenant as a defendant |
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65 | 65 | | 3.2in an eviction action complaint against the residential tenant. If a minor is the only person |
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66 | 66 | | 3.3renting the unit from the landlord, the landlord may list the minor as a defendant in an |
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67 | 67 | | 3.4eviction action complaint against the minor. |
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68 | 68 | | 3.5 (c) The requirements of this section may not be waived or modified by the parties to a |
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69 | 69 | | 3.6residential lease. Any provision, whether oral or written, of a lease or other agreement by |
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70 | 70 | | 3.7which any provision of this section is waived by a tenant is contrary to public policy and |
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71 | 71 | | 3.8void. The tenant shall recover from the landlord treble actual and consequential damages |
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72 | 72 | | 3.9or $1,000, whichever is greater, and reasonable attorney fees, for a violation of this section. |
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73 | 73 | | 3.10 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to leases |
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74 | 74 | | 3.11entered into, renewed, or extended on or after that date. For the purposes of this section, |
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75 | 75 | | 3.12estates at will shall be deemed to be renewed or extended at the commencement of each |
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76 | 76 | | 3.13rental period. |
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77 | 77 | | 3.14 Sec. 4. [504B.2143] PROSPECTIVE TENANT RIGHT TO VIEW DWELLING. |
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78 | 78 | | 3.15 The landlord must notify a prospective tenant of their option to view the dwelling that |
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79 | 79 | | 3.16the landlord intends to rent to the tenant. At the request of the prospective tenant, the landlord |
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80 | 80 | | 3.17shall allow the prospective tenant to visit the dwelling before leasing the dwelling to the |
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81 | 81 | | 3.18prospective tenant. If the prospective tenant cannot visit the dwelling in person, at the request |
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82 | 82 | | 3.19of the prospective tenant, the landlord shall allow the prospective tenant to remotely and |
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83 | 83 | | 3.20electronically view the dwelling before leasing the dwelling to the prospective tenant. Any |
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84 | 84 | | 3.21agreement by which any provision of this section is waived by a tenant is contrary to public |
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85 | 85 | | 3.22policy and void. The tenant shall recover from the landlord treble actual and consequential |
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86 | 86 | | 3.23damages or $1,000, whichever is greater, and reasonable attorney fees, for a violation of |
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87 | 87 | | 3.24this section. |
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88 | 88 | | 3Sec. 4. |
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89 | 89 | | 25-02625 as introduced02/03/25 REVISOR JSK/DG |
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