Bill Text: MN SF2338 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Termination of lease upon infirmity of tenant provision
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-03-10 - Author added Champion [SF2338 Detail]
Download: Minnesota-2013-SF2338-Introduced.html
1.2relating to housing; landlord and tenant; providing for termination of lease;
1.3amending Minnesota Statutes 2012, section 504B.265.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 504B.265, is amended to read:
1.6504B.265 TERMINATION OF LEASE UPON DEATH OR INFIRMITY OF
1.7TENANT.
1.8 Subdivision 1. Termination of lease upon death. Any party to a lease of residential
1.9premises other than a lease at will may terminate the lease prior to its expiration date in
1.10the manner provided in subdivision 2 upon the death of the tenant or, if there is more than
1.11one tenant, upon the death of all tenants.
1.12 Subd. 1a. Termination of lease upon infirmity. A tenant or the authorized
1.13representative of the tenant may terminate the lease prior to its expiration date in the
1.14manner provided in subdivision 2 if the tenant has, or if there is more than one tenant, all
1.15the tenants have, been certified by a physician in writing to:
1.16(1) be no longer able, for medical reasons, to live without assistance with
1.17instrumental activities of daily living or personal activities of daily living; and
1.18(2) need to move into:
1.19(i) a nursing home, as defined in section 144A.01, subdivision 5;
1.20(ii) hospice care, as defined in section 144A.75, subdivision 8, or to move into a
1.21residential hospice facility, as defined in section 144A.75, subdivision 13;
1.22(iii) a boarding care or supervised living facility licensed under chapter 144;
1.23(iv) a housing with services establishment, as defined in section 144D.01,
1.24subdivision 4;
2.1(v) assisted living, as defined in section 144G.01, subdivision 2;
2.2(vi) an accessible unit, as defined in section 363A.40, subdivision 1, paragraph (a);
2.3(vii) a facility providing a foster care for adults program as defined in section
2.4245A.02, subdivision 6c; or
2.5(viii) any other residence with services that is licensed or certified by the Department
2.6of Health or the Department of Human Services.
2.7For the purposes of this subdivision, "physician" means a person who is licensed,
2.8registered, or regulated by the Board of Medical Practice under Minnesota Statutes,
2.9chapter 147.
2.10 Subd. 2. Notice. (a) Either the landlord or the personal representative of the tenant's
2.11estate may terminate the lease upon at least two months' written notice, to be effective on
2.12the last day of a calendar month, and hand delivered or mailed by postage prepaid, first
2.13class United States mail, to the address of the other party. The landlord may comply
2.14with the notice requirement of this subdivision by delivering or mailing the notice to the
2.15premises formerly occupied by the tenant. The termination of a lease under this section
2.16shall not relieve the tenant's estate from liability either for the payment of rent or other
2.17sums owed prior to or during the notice period, or for the payment of amounts necessary
2.18to restore the premises to their condition at the commencement of the tenancy, ordinary
2.19wear and tear excepted.
2.20(b) Either the tenant or the tenant's authorized representative may terminate the lease
2.21if the conditions in subdivision 1a have been met by providing at least two months' written
2.22notice, to be effective on the last day of a calendar month, and hand-delivered or mailed
2.23by postage prepaid, first class United States mail, to the landlord and including a copy
2.24of the physician's certification with the notice. The termination of a lease under this
2.25section shall not relieve the eligible tenant from liability either for the payment of rent
2.26or other sums owed prior to or during the notice period, or for the payment of amounts
2.27necessary to restore the premises to their condition at the commencement of the tenancy,
2.28ordinary wear and tear excepted.
2.29 Subd. 3. Waiver prohibited. Any attempted waiver by a landlord and tenant or
2.30tenant's personal representative, by contract or otherwise, of theright rights of termination
2.31provided by this section, and any lease provision or agreement requiring a longer notice
2.32period than that provided by this section, shall be void and unenforceable; provided,
2.33however, that the landlord and tenant or tenant's personal representative may agree to
2.34otherwise modify the specific provisions of this section.
2.35 Subd. 4. Applicability. The provisions of this section, except subdivisions 1a
2.36and 2, paragraph (b), apply to leases entered into or renewed after May 12, 1981. The
3.1provisions of subdivisions 1a and 2, paragraph (b), apply to leases entered into or renewed
3.2on or after January 1, 2015.
1.3amending Minnesota Statutes 2012, section 504B.265.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 504B.265, is amended to read:
1.6504B.265 TERMINATION OF LEASE UPON DEATH OR INFIRMITY OF
1.7TENANT.
1.8 Subdivision 1. Termination of lease upon death. Any party to a lease of residential
1.9premises other than a lease at will may terminate the lease prior to its expiration date in
1.10the manner provided in subdivision 2 upon the death of the tenant or, if there is more than
1.11one tenant, upon the death of all tenants.
1.12 Subd. 1a. Termination of lease upon infirmity. A tenant or the authorized
1.13representative of the tenant may terminate the lease prior to its expiration date in the
1.14manner provided in subdivision 2 if the tenant has, or if there is more than one tenant, all
1.15the tenants have, been certified by a physician in writing to:
1.16(1) be no longer able, for medical reasons, to live without assistance with
1.17instrumental activities of daily living or personal activities of daily living; and
1.18(2) need to move into:
1.19(i) a nursing home, as defined in section 144A.01, subdivision 5;
1.20(ii) hospice care, as defined in section 144A.75, subdivision 8, or to move into a
1.21residential hospice facility, as defined in section 144A.75, subdivision 13;
1.22(iii) a boarding care or supervised living facility licensed under chapter 144;
1.23(iv) a housing with services establishment, as defined in section 144D.01,
1.24subdivision 4;
2.1(v) assisted living, as defined in section 144G.01, subdivision 2;
2.2(vi) an accessible unit, as defined in section 363A.40, subdivision 1, paragraph (a);
2.3(vii) a facility providing a foster care for adults program as defined in section
2.4245A.02, subdivision 6c; or
2.5(viii) any other residence with services that is licensed or certified by the Department
2.6of Health or the Department of Human Services.
2.7For the purposes of this subdivision, "physician" means a person who is licensed,
2.8registered, or regulated by the Board of Medical Practice under Minnesota Statutes,
2.9chapter 147.
2.10 Subd. 2. Notice. (a) Either the landlord or the personal representative of the tenant's
2.11estate may terminate the lease upon at least two months' written notice, to be effective on
2.12the last day of a calendar month, and hand delivered or mailed by postage prepaid, first
2.13class United States mail, to the address of the other party. The landlord may comply
2.14with the notice requirement of this subdivision by delivering or mailing the notice to the
2.15premises formerly occupied by the tenant. The termination of a lease under this section
2.16shall not relieve the tenant's estate from liability either for the payment of rent or other
2.17sums owed prior to or during the notice period, or for the payment of amounts necessary
2.18to restore the premises to their condition at the commencement of the tenancy, ordinary
2.19wear and tear excepted.
2.20(b) Either the tenant or the tenant's authorized representative may terminate the lease
2.21if the conditions in subdivision 1a have been met by providing at least two months' written
2.22notice, to be effective on the last day of a calendar month, and hand-delivered or mailed
2.23by postage prepaid, first class United States mail, to the landlord and including a copy
2.24of the physician's certification with the notice. The termination of a lease under this
2.25section shall not relieve the eligible tenant from liability either for the payment of rent
2.26or other sums owed prior to or during the notice period, or for the payment of amounts
2.27necessary to restore the premises to their condition at the commencement of the tenancy,
2.28ordinary wear and tear excepted.
2.29 Subd. 3. Waiver prohibited. Any attempted waiver by a landlord and tenant or
2.30tenant's personal representative, by contract or otherwise, of the
2.31provided by this section, and any lease provision or agreement requiring a longer notice
2.32period than that provided by this section, shall be void and unenforceable; provided,
2.33however, that the landlord and tenant or tenant's personal representative may agree to
2.34otherwise modify the specific provisions of this section.
2.35 Subd. 4. Applicability. The provisions of this section, except subdivisions 1a
2.36and 2, paragraph (b), apply to leases entered into or renewed after May 12, 1981. The
3.1provisions of subdivisions 1a and 2, paragraph (b), apply to leases entered into or renewed
3.2on or after January 1, 2015.
