reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 502 — Powers Of Appointment › Section 502.86 — Rights Of Creditors In Appointive Property.

502.86 RIGHTS OF CREDITORS IN APPOINTIVE PROPERTY.
Subdivision 1.
Special power.
Property that is covered by either a special power of appointment or a general power of appointment that is exercisable solely for the support, maintenance, health, and education of the donee within the meaning of sections 2041 and 2514 of the Internal Revenue Code is not subject to the payment of the claims of creditors of the donee, the donee's estate, or the expenses of administering the donee's estate.
Subd. 2.
General power currently exercisable.
Property that is covered by a general power of appointment, other than one exercisable solely for the support, maintenance, health, and education of the donee within the meaning of sections 2041 and 2514 of the Internal Revenue Code, that is presently exercisable, or of a postponed power that has become exercisable, is subject to the payment of the claims of creditors of the donee, the donee's estate, and the expenses of administering the donee's estate, but only to the extent that other property available for the payment of the creditor's claim is insufficient for this payment. It is immaterial whether the donor of the power is the donee or some other person, or whether the donee has or has not purported to exercise the power.
Subd. 3.
Power subject to a condition.
A general power of appointment may be created subject to a condition precedent or subsequent, and, until the condition is fulfilled, it is not subject to the provisions of subdivision 2.
Subd. 4.
General power not presently exercisable.
Property that is covered by a general power of appointment which, when created, is not presently exercisable, is subject to the payment of the claims of creditors of the donee, the donee's estate, and the expenses of administering the donee's estate only if:
(1) the power was created by the donee in favor of the donee; or
(2) a postponed power becomes exercisable in accordance with the terms of the creating instrument, except in the case of a testamentary general power.
History:
2015 c 5 art 14 s 8
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 502 — Powers Of Appointment › Section 502.87 — Revocation And Release Of A Power Of Appointment.

502.87 REVOCATION AND RELEASE OF A POWER OF APPOINTMENT.
Subdivision 1.
Revocability of a power of appointment.
(a) A power of appointment is irrevocable unless the donor reserves the right to revoke it.
(b) An exercise of power of appointment is irrevocable whenever:
(1) the donor of a special power manifests an intent that the exercise of the special power be irrevocable; or
(2) the donee does not manifest in the instrument exercising the power an intent to reserve a power of revocation.
(c) If the donee in exercising a power reserves a power to revoke the appointment, but does not expressly reserve a power to reappoint, upon the exercise of the power of revocation, the donee may reappoint.
(d) An instrument exercising a power of appointment is affected by fraud in the same manner as a deed or will executed by an owner or by a trustee of property.
Subd. 2.
Release of a power of appointment.
(a) Any power of appointment, whether exercisable only by deed, only by will, or by either deed or will, and whether general or special, exclusive or nonexclusive, is releasable, either with or without consideration, by written instrument signed by the donee of the power and delivered as provided in paragraph (c).
(b) A releasable power of appointment may be released with respect to all or any part of the appointive property and may also be released in a manner as to reduce or limit the appointees, or classes of appointees, in whose favor the power is exercisable.
(c) A release may be delivered to any of the following persons in the order provided:
(1) any person specified for this purpose in the instrument creating the power;
(2) if no person is specified as provided in clause (1), any trustee of the property subject to the power; or
(3) if no person is specified as provided in clause (1) or serving as trustee as provided in clause (2), any person, other than the donee, who might be adversely affected by an exercise of the power.
(d) In addition to the provisions of paragraph (c), a release may be delivered to the county clerk of the county in which the donee resides or has a place of business or in which the instrument creating the power is filed, to be duly filed by the clerk upon the payment of the fees due for the filing or, if the power was created by will, to the clerk of the probate court having jurisdiction over the estate of the donor.
(e) This section applies to releases delivered on or after January 1, 2016.
History:
2015 c 5 art 14 s 9
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 502 — Powers Of Appointment › Section 502.88 — Rule Against Perpetuities And Accumulations As Affected By Powers Of Appointment.

502.88 RULE AGAINST PERPETUITIES AND ACCUMULATIONS AS AFFECTED BY POWERS OF APPOINTMENT.
Subdivision 1.
Scope.
Notwithstanding any provision of this section to the contrary, nothing in this section shall be construed, applied, or interpreted to be inconsistent with chapter 501A.
Subd. 2.
Time at which permissible period begins.
(a) If an estate is created by an instrument exercising a power of appointment, the permissible period of the rule against perpetuities begins:
(1) In the case of an instrument exercising either:
(i) a general power which is presently exercisable; or
(ii) any other power, whether presently exercisable, testamentary, or postponed, but only if the exercise of the power makes express reference to this item, section 502.88, subdivision 2, paragraph (a), clause (1), item (ii), in the instrument of exercise,
the period shall begin on the effective date of the instrument of exercise.
(2) In all other cases, the period begins at the time of the creation of the power.
(b) If the creator of a trust reserves an unqualified power to revoke, the permissible period of the rule against perpetuities begins when the power to revoke terminates by reason of the death of the creator, by a release of the power, or otherwise.
Subd. 3.
Law which determines permissible period.
In all cases covered by subdivision 2, the permissible period of the rule against perpetuities is determined by the law in effect when the power is exercised or the unqualified power to revoke is terminated, and not by the law in effect when the power was created.
Subd. 4.
Facts to be considered.
When the permissible period of the rule against perpetuities must be computed from the time of the creation of the power of appointment, facts and circumstances existing on the effective date of the instrument exercising the power must be taken into account in determining the validity of interests created by the instrument exercising the power.
Subd. 5.
Rule against accumulations; law determining validity in exercise of a power of appointment.
When a direction for the accumulation of income is contained in an instrument exercising a power, whether the instrument is created before or after January 1, 2016, the validity of the direction is determined by the law in effect when the power is exercised or the unqualified power to revoke is terminated, and not by the law in effect when the power was created.
History:
2015 c 5 art 14 s 10
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.111 — Written Lease Required; Penalty.

504B.111 WRITTEN LEASE REQUIRED; PENALTY.
A landlord of a residential building with 12 or more residential units must have a written lease for each unit rented to a residential tenant. The written lease must identify the specific unit the residential tenant will occupy before the residential tenant signs the lease. Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask for the tenant's full name and date of birth on the lease and application. A landlord who fails to provide a lease, as required under this section, is guilty of a petty misdemeanor.
History:
1999 c 199 art 1 s 3; 1Sp2019 c 1 art 6 s 56
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.114 — Pet Declawing And Devocalization Prohibited.

504B.114 PET DECLAWING AND DEVOCALIZATION PROHIBITED.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Animal" has the meaning given in section 343.20, subdivision 2.
(c) "Application for occupancy" means all phases of the process of applying for the right to occupy a real property, including but not limited to filling out applications, interviewing, and submitting references.
(d) "Claw" means a hardened keratinized modification of the epidermis or a hardened keratinized growth that extends from the end of the digits of certain mammals, birds, reptiles, and amphibians that is commonly referred to as a claw, talon, or nail.
(e) "Declawing" means performing, procuring, or arranging for any procedure, such as an onychectomy, tendonectomy, or phalangectomy, to remove or prevent the normal function of an animal's claw or claws.
(f) "Devocalizing" means performing, procuring, or arranging for any surgical procedure, such as a vocal cordectomy, to remove an animal's vocal cords or to prevent the normal function of an animal's vocal cords.
Subd. 2.
Prohibitions.
A landlord who allows an animal on the premises shall not:
(1) advertise the availability of a real property for occupancy in a manner designed to discourage application for occupancy of that real property because an applicant's animal has not been declawed or devocalized;
(2) refuse to allow the occupancy of a real property, refuse to negotiate the occupancy of a real property, or otherwise make unavailable or deny to another person the occupancy of a real property because of that person's refusal to declaw or devocalize an animal; or
(3) require a tenant or occupant of real property to declaw or devocalize an animal allowed on the premises.
Any requirement or lease provision that violates this subdivision is void and unenforceable.
Subd. 3.
Penalties.
(a) A city attorney, a county attorney, or the attorney general may bring an action in district court to obtain injunctive relief for a violation of this section and to enforce the civil penalties provided in this subdivision.
(b) In addition to any other penalty allowed by law, a violation of subdivision 2, clause (1), shall result in a civil penalty of not more than $1,000 per advertisement, to be paid to the entity that is authorized to bring the action under this section.
(c) In addition to any other penalty allowed by law, a violation of subdivision 2, clause (2) or (3), shall result in a civil penalty of not more than $1,000 per animal, to be paid to the entity that is authorized to bring the action under this section.
History:
2023 c 52 art 19 s 83
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.115 — Tenant To Be Given Copy Of Lease.

504B.115 TENANT TO BE GIVEN COPY OF LEASE.
Subdivision 1.
Copy of written lease to tenant.
Where there is a written lease, a landlord must give a copy to a tenant occupying a dwelling unit whose signature appears on the lease agreement. The landlord may obtain a signed and dated receipt, either as a separate document or an acknowledgment included in the lease agreement itself, from the tenant acknowledging that the tenant has received a copy of the lease. This signed receipt or acknowledgment is prima facie evidence that the tenant has received a copy of the lease.
Subd. 2.
Legal action to enforce lease.
In any legal action to enforce a written lease, except for nonpayment of rent, disturbing the peace, malicious destruction of property, or a violation of section 504B.171, it is a defense for the tenant to prove that the landlord failed to comply with subdivision 1. This defense may be overcome if the landlord proves that the tenant had actual knowledge of the term or terms of the lease upon which any legal action is based.
History:
1999 c 199 art 1 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.116 — Prorated Rent Required.

504B.116 PRORATED RENT REQUIRED.
(a) When a lease term for a residential unit ends on a date before the last day of the final month, the amount of rent to be paid for the final month owed for the final month of rent must be prorated at the average daily rate for that month so that the tenant only pays for the actual number of days that occupancy is allowed. This provision applies to all leases, including leases requiring the last month of rent to be paid in advance. Any attempted waiver of this section by a landlord and tenant, by contract or otherwise, shall be void and unenforceable.
(b) For purposes of this section, prorated rent must be calculated using the actual number of calendar days for the calendar month in which the lease expires.
History:
1Sp2021 c 8 art 2 s 11
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.118 — Receipt For Rent Paid In Cash.

504B.118 RECEIPT FOR RENT PAID IN CASH.
A landlord receiving rent or other payments from a tenant in cash must provide a written receipt for payment immediately upon receipt if the payment is made in person, or within three business days if payment in cash is not made in person.
History:
2010 c 315 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.120 — Prohibited Fees.

504B.120 PROHIBITED FEES.
Subdivision 1.
Disclosure of fees.
A landlord must disclose all nonoptional fees in the lease agreement. The sum total of rent and all nonoptional fees must be described as the Total Monthly Payment and be listed on the first page of the lease. A unit advertised for a residential tenancy must disclose the nonoptional fees included with the total amount for rent in any advertisement or posting. In a lease agreement disclosure or unit advertisement, the landlord must disclose whether utilities are included or not included in the rent.
Subd. 2.
Penalties.
A landlord who violates this section is liable to the residential tenant for treble damages and the court may award the tenant reasonable attorney fees.
History:
2023 c 52 art 19 s 84
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.121 — Tenant May Not Deny Title; Exception.

504B.121 TENANT MAY NOT DENY TITLE; EXCEPTION.
A tenant in possession of real property under a lawful lease may not deny the landlord's title in an action brought by the landlord to recover possession of the property. This prohibition does not apply to a tenant who, prior to entering into the lease, possessed the property under a claim of title that was adverse or hostile to that of the landlord.
History:
1999 c 199 art 1 s 5
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.125 — Person In Possession Liable For Rent; Evidence.

504B.125 PERSON IN POSSESSION LIABLE FOR RENT; EVIDENCE.
Every person in possession of land out of which any rent is due, whether it was originally demised in fee, or for any other estate of freehold or for any term of years, shall be liable for the amount or proportion of rent due from the land in possession, although it be only a part of the land originally demised. Such rent may be recovered in a civil action, and the deed, demise, or other instrument showing the provisions of the lease may be used in evidence by either party to prove the amount due from the defendant. Nothing herein contained shall deprive landlords of any other legal remedy for the recovery of rent, whether secured to them by their leases or provided by law.
History:
1999 c 199 art 1 s 6
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.131 — Rent Liability; Uninhabitable Buildings.

504B.131 RENT LIABILITY; UNINHABITABLE BUILDINGS.
A tenant or occupant of a building that is destroyed or becomes uninhabitable or unfit for occupancy through no fault or neglect of the tenant or occupant may vacate and surrender such a building. A tenant or occupant may expressly agree otherwise except as prohibited by section 504B.161.
History:
1999 c 199 art 1 s 7
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.135 — Terminating Tenancy At Will.

504B.135 TERMINATING TENANCY AT WILL.
A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.
History:
1999 c 199 art 1 s 8; 2023 c 52 art 19 s 97
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.141 — Urban Real Estate; Holding Over.

504B.141 URBAN REAL ESTATE; HOLDING OVER.
When a tenant of urban real estate, or any interest therein, holds over and retains possession after expiration of the lease without the landlord's express agreement, no tenancy for any period other than the shortest interval between the times of payment of rent under the terms of the expired lease shall be implied.
History:
1999 c 199 art 1 s 9
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.144 — Early Renewal Of Lease.

504B.144 EARLY RENEWAL OF LEASE.
A landlord must wait until six months from the expiration of the current lease before requiring a tenant to renew the lease, if the lease is for a period of time longer than ten months. Nothing prevents a landlord from waiting until closer to the expiration of a lease to ask a tenant to renew the lease. Any provision, whether oral or written, of any lease or other agreement whereby any provision of this section is waived by a tenant is contrary to public policy and void.
History:
2023 c 52 art 19 s 98
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.145 — Restriction On Automatic Renewals Of Leases.

504B.145 RESTRICTION ON AUTOMATIC RENEWALS OF LEASES.
Notwithstanding the provisions of any residential lease, in order to enforce any automatic renewal clause of a lease of an original term of two months or more which states, in effect, that the term shall be deemed renewed for a specified additional period of time of two months or more unless the tenant gives notice to the landlord of an intention to quit the premises at the expiration of the term due to expire, the landlord must give notice to the tenant as provided in this section. The notice must be in writing and direct the tenant's attention to the automatic renewal provision of the lease. The notice must be served personally or mailed by certified mail at least 15 days, but not more than 30 days prior to the time that the tenant is required to furnish notice of an intention to quit.
History:
1999 c 199 art 1 s 10
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.146 — Lease Duration Notice.

504B.146 LEASE DURATION NOTICE.
A written lease for a residential unit must identify the lease start date and lease end date. If the lease requires the tenant to move in or out of the residential unit on a date other than the first or last day of the month, and the rent is prorated, then the lease must indicate the amount of the prorated rent for the relevant months. The information required by this section must be provided on the first page of the lease.
History:
1Sp2019 c 1 art 6 s 57
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.147 — Time Period For Notice To Quit Or Rent Increase.

504B.147 TIME PERIOD FOR NOTICE TO QUIT OR RENT INCREASE.
Subdivision 1.
Application.
This section applies to a residential lease that provides a time period for the landlord to give notice to quit the premises or notice of a rent increase that is different than the time period the tenant is required to give for notice of intention to quit the premises. For purposes of this section, "notice to quit" includes a notice of nonrenewal of a lease.
Subd. 2.
Tenant option to choose notice period.
The tenant may give notice of an intention to quit the premises using either:
(1) the time period provided in the lease for the tenant to give a notice of intention to quit the premises; or
(2) the time period provided in the lease for the landlord to give a notice to quit the premises or notice of a rent increase.
Subd. 3.
Landlord notice requirements.
The landlord may not give a notice to quit the premises or notice of a rent increase that is shorter than the time period the lease provides for the tenant to give notice of an intention to quit the premises.
Subd. 4.
No waiver.
The requirements of this section may not be waived or modified by the parties to a residential lease. Any provision, whether oral or written, of a lease or other agreement by which any provision of this section is waived by a tenant is contrary to public policy and void.
History:
1Sp2019 c 1 art 6 s 58
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.155 — Tenant Must Give Cold Weather Notice Before Vacation Of Building.

504B.155 TENANT MUST GIVE COLD WEATHER NOTICE BEFORE VACATION OF BUILDING.
Except upon the termination of the tenancy, a tenant who, between November 15 and April 15, removes from, abandons, or vacates a building or any part thereof that contains plumbing, water, steam, or other pipes liable to injury from freezing, without first giving to the landlord three days' notice of intention so to remove is guilty of a misdemeanor.
History:
1999 c 199 art 1 s 12
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.165 — Unlawful Destruction; Damages.

504B.165 UNLAWFUL DESTRUCTION; DAMAGES.
(a) An action may be brought for willful and malicious destruction of leased residential rental property. The prevailing party may recover actual damages, costs, and reasonable attorney fees, as well as other equitable relief as determined by the court.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void.
History:
1999 c 199 art 1 s 14
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.1715 — Covenants; Sober Homes.

504B.1715 COVENANTS; SOBER HOMES.
A sober housing program for people with substance use disorders may prohibit people in the program from the possession and use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products.
History:
2023 c 63 art 6 s 56
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.172 — Recovery Of Attorney Fees.

504B.172 RECOVERY OF ATTORNEY FEES.
If a residential lease specifies an action, circumstances, or an extent to which a landlord, directly, or through additional rent, may recover attorney fees in an action between the landlord and tenant, the tenant is entitled to attorney fees if the tenant prevails in the same type of action, under the same circumstances, or is entitled to costs under section 549.02, and to the same extent as specified in the lease for the landlord.
History:
2010 c 315 s 3; 2023 c 52 art 19 s 100
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.173 — Applicant Screening Fee.

504B.173 APPLICANT SCREENING FEE.
Subdivision 1.
Limitations.
A landlord may not:
(1) charge an applicant a screening fee when the landlord knows or should have known that no rental unit is available at that time or will be available within a reasonable future time;
(2) collect or hold an applicant screening fee without giving the applicant a written receipt for the fee, which may be incorporated into the application form, upon request of the applicant; or
(3) use, cash, or deposit an applicant screening fee until all prior applicants have either been screened and rejected, or offered the unit and declined to enter into a rental agreement.
Subd. 2.
Return of applicant screening fee.
(a) The landlord must return the applicant screening fee if:
(1) the applicant is rejected for any reason not listed in the disclosure required under subdivision 3; or
(2) a prior applicant is offered the unit and agrees to enter into a rental agreement.
(b) If the landlord does not perform a personal reference check or does not obtain a consumer credit report or tenant screening report, the landlord must return any amount of the applicant screening fee that is not used for those purposes.
(c) The applicant screening fee may be returned by mail, may be destroyed upon the applicant's request if paid by check, or may be made available for the applicant to retrieve.
Subd. 3.
Disclosures to applicant.
If a landlord accepts an applicant screening fee from a prospective tenant, the landlord must:
(1) disclose in writing prior to accepting the applicant screening fee:
(i) the name, address, and telephone number of the tenant screening service the landlord will use, unless the landlord does not use a tenant screening service; and
(ii) the criteria on which the decision to rent to the prospective tenant will be based; and
(2) notify the applicant within 14 days of rejecting a rental application, identifying the criteria the applicant failed to meet.
Subd. 4.
Remedies.
(a) In addition to any other remedies, a landlord who violates this section is liable to the applicant for the applicant screening fee plus a civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy.
(b) A prospective tenant who provides materially false information on the application or omits material information requested is liable to the landlord for damages, plus a civil penalty of up to $500, civil court filing costs, and reasonable attorney fees.
History:
1999 c 150 s 1; 1999 c 199 art 1 s 174; 2010 c 315 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.175 — Prelease Deposit.

504B.175 PRELEASE DEPOSIT.
Subdivision 1.
Definition.
For the purpose of this section, "prelease deposit" means payment given to a landlord from a prospective tenant of a residential dwelling unit before the prospective tenant and the landlord have entered into a rental agreement. "Prelease deposit" does not include the payment of a reasonable applicant screening fee used to conduct a background check on the prospective tenant.
Subd. 2.
Limitations.
(a) A prelease deposit may be accepted only if the landlord and prospective tenant enter into a conspicuous written agreement that includes:
(1) the circumstances under which it will be returned; and
(2) that the landlord is required to return the prelease deposit within seven days of the occurrence of a circumstance described in clause (1).
(b) "Return" means postmarked within seven days except that upon the prospective tenant's request, a landlord may destroy the payment or hold it for retrieval by the tenant instead of returning it by mail.
Subd. 3.
Application on entry into rental agreement.
If a prospective tenant and landlord do enter into a rental agreement, the prelease deposit must be applied to that tenant's security deposit or rent.
Subd. 4.
Remedies.
In addition to any other remedies, a landlord who violates this section is liable to the payor of the prelease deposit for the amount of the deposit paid, plus one-half of that amount as a penalty. A landlord who enters into a rental agreement with a tenant is not liable under this section unless the landlord failed to comply with subdivision 3.
History:
1999 c 97 s 1; 1999 c 199 art 1 s 174
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.177 — Late Fees.

504B.177 LATE FEES.
(a) A landlord of a residential building may not charge a late fee if the rent is paid after the due date, unless the tenant and landlord have agreed in writing that a late fee may be imposed. The agreement must specify when the late fee will be imposed. In no case may the late fee exceed eight percent of the overdue rent payment. Any late fee charged or collected is not considered to be either interest or liquidated damages. For purposes of this paragraph, the "due date" does not include a date, earlier than the date contained in the written or oral lease by which, if the rent is paid, the tenant earns a discount.
(b) Notwithstanding paragraph (a), if a federal statute, regulation, or handbook permitting late fees for a tenancy subsidized under a federal program conflicts with paragraph (a), then the landlord may publish and implement a late payment fee schedule that complies with the federal statute, regulation, or handbook.
History:
2010 c 315 s 5; 2012 c 132 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.182 — Initial And Final Inspection Required.

504B.182 INITIAL AND FINAL INSPECTION REQUIRED.
Subdivision 1.
Initial inspection.
(a) At the commencement of a residential tenancy, or within 14 days of a residential tenant occupying a unit, the landlord must notify the tenant of their option to request an initial inspection of the residential unit for the purposes of identifying existing deficiencies in the rental unit to avoid deductions for the security deposit of the tenant at a future date. If the tenant requests an inspection, the landlord and tenant shall schedule the inspection at a mutually acceptable date and time.
(b) In lieu of an initial inspection or move-out inspection under subdivision 2, when a tenant agrees, a landlord may provide written acknowledgment to the tenant of photos or videos of a rental unit and agree to the condition of the rental unit at the start or end of the tenancy.
Subd. 2.
Move-out inspection.
Within a reasonable time after notification of either a landlord or residential tenant's intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of the tenant's option to request a move-out inspection and of the tenant's right to be present at the inspection. At a reasonable time, but no earlier than five days before the termination or the end of the lease date, or day the tenant plans to vacate the unit, the landlord, or an agent of the landlord, shall, upon the request of the tenant, make a move-out inspection of the premises. The purpose of the move-out inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security deposit. If a tenant chooses not to request a move-out inspection, the duties of the landlord under this subdivision are discharged. If an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time.
Subd. 3.
Other requirements under law.
Nothing in this section changes the requirements or obligations under any other section of law, including but not limited to sections 504B.178, 504B.185, 504B.195, or 504B.271, 504B.375, and 504B.381.
Subd. 4.
Waiver.
Except as allowed under subdivisions 1 and 2, when a tenant chooses not to request an initial or move-out inspection, or alternate inspection under subdivision 1, paragraph (b), any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void.
History:
2023 c 52 art 19 s 86
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.185 — Inspection; Notice.

504B.185 INSPECTION; NOTICE.
Subdivision 1.
Who may request.
If requested by a residential tenant, a housing-related neighborhood organization with the written permission of a residential tenant, or, if a residential building is unoccupied, by a housing-related neighborhood organization, an inspection shall be made by the local authority charged with enforcing a code claimed to be violated.
Subd. 2.
Notice.
(a) After the local authority has inspected the residential building under subdivision 1, the inspector shall inform the landlord or the landlord's agent and the residential tenant or housing-related neighborhood organization in writing of any code violations discovered.
(b) A reasonable period of time must be allowed in which to correct the violations.
History:
1999 c 199 art 1 s 18
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.204 — Action For Rental Of Condemned Residential Premises.

504B.204 ACTION FOR RENTAL OF CONDEMNED RESIDENTIAL PREMISES.
(a) A landlord, agent, or person acting under the landlord's direction or control may not accept rent or a security deposit for residential rental property from a tenant after the leased premises have been condemned or declared unfit for human habitation by the applicable state or local authority, if the tenancy commenced after the premises were condemned or declared unfit for human habitation. If a landlord, agent, or a person acting under the landlord's direction or control violates this section, the landlord is liable to the tenant for actual damages and an amount equal to three times the amount of all money collected from the tenant after date of condemnation or declaration, plus costs and attorney fees.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void.
History:
1999 c 199 art 1 s 21
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.205 — Residential Tenant's Right To Seek Police And Emergency Assistance.

504B.205 RESIDENTIAL TENANT'S RIGHT TO SEEK POLICE AND EMERGENCY ASSISTANCE.
Subdivision 1.
Definitions.
In this section, "domestic abuse" has the meaning given in section 518B.01, subdivision 2.
Subd. 2.
Emergency calls permitted.
(a) A landlord may not:
(1) bar or limit a residential tenant's right to call for police or emergency assistance in response to domestic abuse or any other conduct; or
(2) impose a penalty on a residential tenant for calling for police or emergency assistance in response to domestic abuse or any other conduct.
(b) A residential tenant may not waive and a landlord may not require the residential tenant to waive the residential tenant's right to call for police or emergency assistance.
Subd. 3.
Local preemption.
This section preempts any inconsistent local ordinance or rule including, without limitation, any ordinance or rule that:
(1) requires an eviction after a specified number of calls by a residential tenant for police or emergency assistance in response to domestic abuse or any other conduct; or
(2) provides that calls by a residential tenant for police or emergency assistance in response to domestic abuse or any other conduct may be used to penalize or charge a fee to a landlord.
This subdivision shall not otherwise preempt any local ordinance or rule that penalizes a landlord for, or requires a landlord to abate, conduct on the premises that constitutes a nuisance or other disorderly conduct as defined by local ordinance or rule.
Subd. 4.
Residential tenant responsibility.
This section shall not be construed to condone or permit any breach of a lease or of law by a residential tenant including, but not limited to, disturbing the peace and quiet of other tenants, damage to property, and disorderly conduct.
Subd. 5.
Residential tenant remedies.
A residential tenant may bring a civil action for a violation of this section and recover from the landlord $250 or actual damages, whichever is greater, and reasonable attorney's fees.
Subd. 6.
Attorney general authority.
The attorney general has authority under section 8.31 to investigate and prosecute violations of this section.
History:
1999 c 199 art 1 s 22
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.221 — Unlawful Termination Of Utilities.

504B.221 UNLAWFUL TERMINATION OF UTILITIES.
(a) Except as otherwise provided in this section, if a landlord, an agent, or other person acting under the landlord's direction or control, interrupts or causes the interruption of electricity, heat, gas, or water services to the tenant, the tenant may recover from the landlord treble damages or $500, whichever is greater, and reasonable attorney's fees. It is a defense to any action brought under this section that the interruption was the result of the deliberate or negligent act or omission of a tenant or anyone acting under the direction or control of the tenant. The tenant may recover only actual damages under this section if:
(1) the tenant has not given the landlord, an agent, or other person acting under the landlord's direction or control, notice of the interruption; or
(2) the landlord, an agent, or other person acting under the landlord's direction or control, after receiving notice of the interruption from the tenant and within a reasonable period of time after the interruption, taking into account the nature of the service interrupted and the effect of the interrupted service on the health, welfare, and safety of the tenants, has reinstated or made a good faith effort to reinstate the service or has taken other remedial action; or
(3) the interruption was for the purpose of repairing or correcting faulty or defective equipment or protecting the health and safety of the occupants of the premises involved and the service was reinstated or a good faith effort was made to reinstate the service or other remedial action was taken by the landlord, an agent, or other person acting under the landlord's direction or control within a reasonable period of time, taking into account the nature of the defect, the nature of the service interrupted, and the effect of the interrupted service on the health, welfare, and safety of the tenants.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired.
History:
1999 c 199 art 1 s 25
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.225 — Intentional Ouster And Interruption Of Utilities; Misdemeanor.

504B.225 INTENTIONAL OUSTER AND INTERRUPTION OF UTILITIES; MISDEMEANOR.
A landlord, an agent, or person acting under the landlord's direction or control who unlawfully and intentionally removes or excludes a tenant from lands or tenements or intentionally interrupts or causes the interruption of electrical, heat, gas, or water services to the tenant with intent to unlawfully remove or exclude the tenant from lands or tenements is guilty of a misdemeanor. In any trial under this section, it shall be presumed that the landlord, agent, or other person acting under the landlord's direction or control interrupted or caused the interruption of the service with intent to unlawfully remove or exclude the tenant from lands or tenements, if it is established by evidence that the landlord, an agent, or other person acting under the landlord's direction or control intentionally interrupted or caused the interruption of the service to the tenant. The burden is upon the landlord to rebut the presumption.
The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired.
History:
1999 c 199 art 1 s 26
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.231 — Damages For Ouster.

504B.231 DAMAGES FOR OUSTER.
(a) If a landlord, an agent, or other person acting under the landlord's direction or control unlawfully and in bad faith removes, excludes, or forcibly keeps out a tenant from residential premises, the tenant may recover from the landlord treble damages or $500, whichever is greater, and reasonable attorney's fees.
(b) The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired.
History:
1999 c 199 art 1 s 27
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.235 — Definitions.

504B.235 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 504B.235 to 504B.245.
Subd. 2.
Proper identification.
"Proper identification" means information generally considered sufficient to identify a person, including a Minnesota driver's license, a Minnesota identification card, other forms of identification provided by a unit of government, a notarized statement of identity with a specimen signature of the person, or other reasonable form of identification.
Subd. 3.
Residential tenant report.
"Residential tenant report" means a written, oral, or other communication by a residential tenant screening service that includes information concerning an individual's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, and that is collected, used, or expected to be used for the purpose of making decisions relating to residential tenancies or residential tenancy applications.
Subd. 4.
Residential tenant screening service.
"Residential tenant screening service" means a person or business regularly engaged in the practice of gathering, storing, or disseminating information about tenants or assembling tenant reports for monetary fees, dues, or on a cooperative nonprofit basis.
History:
1999 c 199 art 1 s 28
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.245 — Tenant Report; Remedies.

504B.245 TENANT REPORT; REMEDIES.
The remedies provided in section 8.31 apply to a violation of section 504B.241. A residential tenant screening service or landlord in compliance with the provisions of the Fair Credit Reporting Act, United States Code, title 15, section 1681, et seq., is considered to be in compliance with section 504B.241.
History:
1999 c 199 art 1 s 30
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.251 — Recording Of Notice Of Cancellation Of Leases.

504B.251 RECORDING OF NOTICE OF CANCELLATION OF LEASES.
Where a lease has been duly recorded, the county recorder must record a copy of the notice of cancellation or termination of the lease that has been presented for recording by the landlord, landlord's agent, or attorney. The notice must be accompanied by proof of service and an affidavit of the landlord or the landlord's agent or attorney stating that the tenant has not complied with the terms of the notice. This notice is prima facie evidence of the facts stated in it.
History:
1999 c 199 art 1 s 31
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.255 — Termination Notice Requirement For Federally Subsidized Housing.

504B.255 TERMINATION NOTICE REQUIREMENT FOR FEDERALLY SUBSIDIZED HOUSING.
The landlord of federally subsidized rental housing must give residential tenants of federally subsidized rental housing a one-year written notice under the following conditions:
(1) a federal Section 8 contract will expire;
(2) the landlord will exercise the option to terminate or not renew a federal Section 8 contract and mortgage;
(3) the landlord will prepay a mortgage and the prepayment will result in the termination of any federal use restrictions that apply to the housing; or
(4) the landlord will terminate a housing subsidy program.
The notice shall be provided at the commencement of the lease if the lease commences less than one year before any of the conditions in clauses (1) to (4) apply.
History:
1999 c 199 art 1 s 32
NOTE:
Clause (3) of this section was found preempted to the extent that it creates a longer termination timeline than under applicable federal law in
Forest Park II v. Hadley
, 336 F.3d 724 (8th Cir. 2003).
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 504B — Landlord And Tenant › Section 504B.261 — Pets In Subsidized Disability Accessible Rental Housing Units.

504B.261 PETS IN SUBSIDIZED DISABILITY ACCESSIBLE RENTAL HOUSING UNITS.
In a multiunit residential building, a tenant of a disability accessible unit, in which the tenant or the unit receives a subsidy that directly reduces or eliminates the tenant's rent responsibility, must be allowed to have two birds or one spayed or neutered dog or one spayed or neutered cat. A renter under this section may not keep or have visits from an animal that constitutes a threat to the health or safety of other individuals, or causes a noise nuisance or noise disturbance to other renters. The landlord may require the renter to pay an additional damage deposit in an amount reasonable to cover damage likely to be caused by the animal. The deposit is refundable at any time the renter leaves the unit of housing to the extent it exceeds the amount of damage actually caused by the animal.
History:
1999 c 199 art 1 s 33; 2005 c 56 s 1