1.2relating to housing; providing for termination of a lease by a victim of violence;
1.3amending Minnesota Statutes 2012, sections 504B.171, subdivision 1; 504B.206;
1.4504B.285, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 504B.171, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1.
Terms of covenant. (a) In every lease or license of residential
1.9premises, whether in writing or parol, the landlord or licensor and the tenant or licensee
1.10covenant that:
1.11(1) neither will:
1.12(i) unlawfully allow controlled substances in those premises or in the common
1.13area and curtilage of the premises;
1.14(ii) allow prostitution or prostitution-related activity as defined in section
617.80,
1.15subdivision 4
, to occur on the premises or in the common area and curtilage of the premises;
1.16(iii) allow the unlawful use or possession of a firearm in violation of section
609.66,
1.17subdivision 1a
,
609.67, or
624.713, on the premises or in the common area and curtilage
1.18of the premises; or
1.19(iv) allow stolen property or property obtained by robbery in those premises or in the
1.20common area and curtilage of the premises; and
1.21(2) the common area and curtilage of the premises will not be used by either the
1.22landlord or licensor or the tenant or licensee or others acting under the control of either to
1.23manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a
1.24controlled substance in violation of any criminal provision of chapter 152. The covenant
2.1is not violated when a person other than the landlord or licensor or the tenant or licensee
2.2possesses or allows controlled substances in the premises, common area, or curtilage,
2.3unless the landlord or licensor or the tenant or licensee knew or had reason to know of
2.4that activity.
2.5(b) In every lease or license of residential premises, whether in writing or parol, the
2.6tenant or licensee covenant that the tenant or licensee will not commit an act enumerated
2.7under section 504B.206, subdivision 1, paragraph (a), against a tenant or licensee or
2.8an authorized occupant.
2.9 Sec. 2. Minnesota Statutes 2012, section 504B.206, is amended to read:
2.10504B.206 RIGHT OF VICTIMS OF DOMESTIC ABUSE VIOLENCE TO
2.11TERMINATE LEASE.
2.12 Subdivision 1.
Right to terminate; procedure. (a)
A tenant to a residential lease
2.13who is a victim of domestic abuse and fears imminent domestic abuse against the tenant or
2.14the tenant's minor children if the tenant or the tenant's minor children remain in the leased
2.15premises may terminate a lease agreement without penalty or liability as provided in this
2.16section. The tenant must provide advance written notice to the landlord stating that:
2.17 (1) the tenant fears imminent domestic abuse from a person named in an order
2.18for protection or no contact order;
2.19 (2) the tenant needs to terminate the tenancy; and
2.20 (3) the specific date the tenancy will terminate. A tenant to a residential lease
2.21may terminate a lease agreement in the manner provided in this section without penalty
2.22or liability, if the tenant or another authorized occupant fears imminent violence after
2.23being subjected to:
2.24(1) domestic abuse, as defined in section 518B.01, subdivision 2;
2.25(2) criminal sexual conduct under sections 609.342 to 609.3451; or
2.26(3) stalking under section 609.749, subdivision 1.
2.27(b) The tenant must provide signed and dated advance written notice to the landlord:
2.28(1) stating the tenant fears imminent violence against the tenant or an authorized
2.29occupant if the tenant or authorized occupant remains in the leased premises, as indicated
2.30in a qualifying document;
2.31(2) stating that the tenant needs to terminate the tenancy;
2.32(3) providing the date by which the tenant will vacate; and
2.33(4) providing written instructions for the disposition of any remaining personal
2.34property in accordance with section 504B.271.
3.1 (b) (c) The written notice must be delivered before the termination of the tenancy by
3.2mail, fax, or in person, and be accompanied by
the order for protection or no contact order
3.3 a qualifying document.
3.4 (c) For purposes of this section, an order for protection means an order issued under
3.5chapter 518B. A no contact order means a no contact order currently in effect, issued
3.6under section
629.75 or chapter 609.
3.7(d) The landlord may request that the tenant disclose the name of the perpetrator
3.8and, if a request is made, inform the tenant that the landlord seeks disclosure to determine
3.9whether the perpetrator is an existing or former tenant or an employee or contractor of the
3.10landlord and to protect other tenants in the building. The tenant may decline to provide
3.11the name of the perpetrator for safety reasons. Disclosure must not be a precondition
3.12of terminating the lease.
3.13(e) The tenancy terminates, including the right of possession of the premises, as
3.14provided in subdivision 3.
3.15 Subd. 2.
Treatment of information. (a) A landlord must not disclose
:
3.16 (1) information provided to the landlord by a tenant
documenting domestic abuse in
3.17the written notice required under subdivision 1
, paragraph (b);
3.18 (2) information contained in the qualifying document;
3.19 (3) the address or location to which the tenant has relocated; or
3.20 (4) the status of the tenant as a victim of violence.
3.21 (b) The information
described in paragraph (a) must not be entered into any shared
3.22database or provided to any person or entity but may be used when required as evidence in
3.23an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims
3.24under section
504B.178, with the consent of the tenant, or as otherwise required by law.
3.25 Subd. 3.
Liability for rent; termination of tenancy. (a) A tenant
who is a sole
3.26tenant and is terminating a lease under subdivision 1 is responsible for the rent payment
3.27for the full month in which the tenancy terminates
and an additional amount equal to one
3.28month's rent. The tenant
forfeits all claims for the return of the security deposit under
3.29section 504B.178, and is relieved of any other contractual obligation for payment of rent
3.30or any other charges for the remaining term of the lease, except as provided in this section.
3.31 In a sole tenancy, the tenancy terminates on the date specified in the notice provided to
3.32the landlord under subdivision 1.
3.33 (b)
In a tenancy with multiple tenants, a lease governing all tenants is terminated
3.34at the latter of the end of the month or the end of the rent interval in which one tenant
3.35terminates the lease under subdivision 1. Upon termination, all tenants forfeit all claims
3.36for the return of the security deposit under section 504B.178 and are relieved of any other
4.1contractual obligation for payment of rent or any other charges for the remaining term of
4.2the lease, except as provided in this section. The landlord and remaining tenants maintain
4.3all rights and remedies available under law and the terms of the lease until termination of
4.4the lease. A tenant whose tenancy was terminated under this paragraph may reapply to
4.5enter into a new lease with the landlord.
4.6 (c) This section does not affect a tenant's liability for delinquent, unpaid rent or
4.7other amounts owed to the landlord before the lease was terminated by the tenant under
4.8this section.
4.9 (c) The tenancy terminates, including the right of possession of the premises, on the
4.10termination date stated in the notice under subdivision 1. The amount equal to one month's
4.11rent must be paid on or before the termination of the tenancy for the tenant to be relieved of
4.12the contractual obligations for the remaining term of the lease as provided in this section.
4.13 (d) For purposes of this section, the provisions of section
504B.178 are triggered
4.14as follows:
4.15 (1) if the only tenant is the tenant who is the victim of domestic abuse and the
4.16tenant's minor children, if any, upon the first day of the month following the later of:
4.17 (i) the date the tenant vacates the premises; or
4.18 (ii) the termination of the tenancy indicated in the written notice under subdivision
4.191; or
4.20 (2) if there are additional tenants bound by the lease, upon the expiration of the lease.
4.21 Subd. 4. Multiple tenants. Notwithstanding the release of a tenant from a lease
4.22agreement under this section, if there are any remaining tenants the tenancy continues for
4.23those remaining tenants.
4.24 Subd. 5.
Waiver prohibited. A residential tenant may not waive, and a landlord
4.25may not require the residential tenant to waive, the tenant's rights under this section.
4.26 Subd. 6.
Definition Definitions. For purposes of this section, "domestic abuse"
4.27has the meaning given in section
518B.01, subdivision 2. (a) The definitions in this
4.28subdivision apply to this section.
4.29 (b) "Court official" means a judge, referee, court administrator, prosecutor, probation
4.30officer, or victim's advocate, whether employed by or under contract with the court, who is
4.31authorized to act on behalf of the court.
4.32(c) "Qualified third party" means a person, acting in an official capacity, who has had
4.33in-person contact with the tenant and is:
4.34(1) a licensed health care professional operating within the scope of the license;
4.35(2) a domestic abuse advocate, as defined in section 595.02, subdivision 1, paragraph
4.36(l); or
5.1(3) a sexual assault counselor, as defined in section 595.02, subdivision 1, paragraph
5.2(k).
5.3(d) "Qualifying document" means:
5.4(1) a valid order for protection issued under chapter 518B;
5.5(2) a no contact order currently in effect, issued under section 629.75 or chapter 609;
5.6(3) a writing produced and signed by a court official or by a city, county, state, or
5.7tribal law enforcement officer acting in an official capacity, documenting that the tenant
5.8or authorized occupant is a victim of domestic abuse, as defined in section 518B.01,
5.9subdivision 2, criminal sexual conduct under sections 609.342 to 609.3451, or stalking
5.10under section 609.749, subdivision 1, and naming the perpetrator, if known; or
5.11(4) a statement by a qualified third party, in the following form:
5.12STATEMENT BY QUALIFIED THIRD PARTY
5.13I, ............... (name of qualified third party), verify as follows:
5.141. I am a licensed health care professional, domestic abuse advocate, as defined
5.15in Minnesota Statutes, section 595.02, subdivision 1, paragraph (l), or sexual assault
5.16counselor, as defined in Minnesota Statutes, section 595.02, subdivision 1, paragraph (k).
5.172. I have a reasonable basis to believe ............... (name of victim(s)) is a victim/are
5.18victims of domestic abuse, criminal sexual conduct, or stalking and fear(s) imminent
5.19violence against the individual or authorized occupant if the individual remains (
5.20individuals remain) in the leased premises.
5.213. I understand that the person(s) listed above may use this document as a basis for
5.22gaining a release from the lease.
5.23 Upon information and belief, the foregoing is true and correct.
5.24..........................
5.25Printed Name of qualified third party
5.26..........................
5.27Signature of qualified third party
5.28..........................
5.29Business Address and Business Telephone
5.30..........................
5.31Date
5.32 Subd. 7. Conflicts with other laws. If a federal statute, regulation, or handbook
5.33permitting termination of a residential tenancy subsidized under a federal program
5.34conflicts with any provision of this section, the landlord must comply with the federal
5.35statute, regulation, or handbook.
6.1 Sec. 3. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to read:
6.2 Subdivision 1.
Grounds. (a) The person entitled to the premises may recover
6.3possession by eviction when:
6.4(1) any person holds over real property:
6.5(i) after a sale of the property on an execution or judgment; or
6.6(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
6.7after termination of contract to convey the property;
6.8(2) any person holds over real property after termination of the time for which it is
6.9demised or leased to that person or to the persons under whom that person holds possession,
6.10contrary to the conditions or covenants of the lease or agreement under which that person
6.11holds, or after any rent becomes due according to the terms of such lease or agreement; or
6.12(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
6.13(b) A landlord may not commence an eviction action against a tenant or authorized
6.14occupant solely on the basis that the tenant or lawful occupant has been the victim of any
6.15of the acts listed in section 504B.206, subdivision 1, paragraph (a). This paragraph does
6.16not prohibit an eviction action based on a breach of the lease.