Bill Text: MN SF591 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Tenant right to cure or vacate prior to eviction for nonpayment and landlord requirement to attach notice
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-21 - Referred to Judiciary [SF591 Detail]
Download: Minnesota-2013-SF591-Introduced.html
1.2relating to tenant's rights; creating a notice to quit or pay prior to filing an eviction
1.3action;amending Minnesota Statutes 2012, sections 504B.285, subdivision 1;
1.4504B.291, by adding a subdivision; 504B.321, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Grounds. The person entitled to the premises may recover
1.9possession by eviction when:
1.10(1) any person holds over real property:
1.11(i) after a sale of the property on an execution or judgment; or
1.12(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
1.13after termination of contract to convey the property;
1.14(2) any person holds over real property after termination of the time for which
1.15it is demised or leased to that person or to the persons under whom that person holds
1.16possession, contrary to the conditions or covenants of the lease or agreement under which
1.17that person holds, or after any rent becomes due according to the terms of such lease or
1.18agreement, provided the person entitled to the premises first complies with the provisions
1.19set forth in section 504B.291, subdivision 1a, as applicable; or
1.20(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
1.21 Sec. 2. Minnesota Statutes 2012, section 504B.291, is amended by adding a
1.22subdivision to read:
2.1 Subd. 1a. Residential tenant's right to cure or vacate prior to eviction for
2.2nonpayment. (a) If the tenant is a residential tenant, a landlord must provide the tenant
2.3with a written notice and opportunity to cure or vacate at least seven days prior to bringing
2.4an action under subdivision 1.
2.5(b) The notice must inform the residential tenant of the amount necessary to cure
2.6the breach for nonpayment, the amount of any rent that will become due in the following
2.7month, and that the landlord may proceed with an eviction following the expiration of the
2.8seven-day period if the tenant neither pays the full amount necessary to cure the breach for
2.9nonpayment nor vacates.
2.10(c) The right to cure set out in this subdivision is available to a residential tenant
2.11defending an eviction brought under subdivision 1. A residential tenant may exercise
2.12that right two times in any 12-month period, and may exercise that right more than two
2.13times by paying the landlord's actual reasonable attorney fees as part of each additional
2.14exercise of that right during a 12-month period.
2.15 Sec. 3. Minnesota Statutes 2012, section 504B.321, is amended by adding a
2.16subdivision to read:
2.17 Subd. 1a. Requirement to attach quit or pay notice. In an eviction brought
2.18against a residential tenant under section 504B.291, subdivision 1, the person filing the
2.19complaint shall attach to the complaint a copy of the notice given pursuant to section
2.20504B.291, subdivision 1a.
2.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to cases
2.22filed on or after that date.
1.3action;amending Minnesota Statutes 2012, sections 504B.285, subdivision 1;
1.4504B.291, by adding a subdivision; 504B.321, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Grounds. The person entitled to the premises may recover
1.9possession by eviction when:
1.10(1) any person holds over real property:
1.11(i) after a sale of the property on an execution or judgment; or
1.12(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
1.13after termination of contract to convey the property;
1.14(2) any person holds over real property after termination of the time for which
1.15it is demised or leased to that person or to the persons under whom that person holds
1.16possession, contrary to the conditions or covenants of the lease or agreement under which
1.17that person holds, or after any rent becomes due according to the terms of such lease or
1.18agreement, provided the person entitled to the premises first complies with the provisions
1.19set forth in section 504B.291, subdivision 1a, as applicable; or
1.20(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
1.21 Sec. 2. Minnesota Statutes 2012, section 504B.291, is amended by adding a
1.22subdivision to read:
2.1 Subd. 1a. Residential tenant's right to cure or vacate prior to eviction for
2.2nonpayment. (a) If the tenant is a residential tenant, a landlord must provide the tenant
2.3with a written notice and opportunity to cure or vacate at least seven days prior to bringing
2.4an action under subdivision 1.
2.5(b) The notice must inform the residential tenant of the amount necessary to cure
2.6the breach for nonpayment, the amount of any rent that will become due in the following
2.7month, and that the landlord may proceed with an eviction following the expiration of the
2.8seven-day period if the tenant neither pays the full amount necessary to cure the breach for
2.9nonpayment nor vacates.
2.10(c) The right to cure set out in this subdivision is available to a residential tenant
2.11defending an eviction brought under subdivision 1. A residential tenant may exercise
2.12that right two times in any 12-month period, and may exercise that right more than two
2.13times by paying the landlord's actual reasonable attorney fees as part of each additional
2.14exercise of that right during a 12-month period.
2.15 Sec. 3. Minnesota Statutes 2012, section 504B.321, is amended by adding a
2.16subdivision to read:
2.17 Subd. 1a. Requirement to attach quit or pay notice. In an eviction brought
2.18against a residential tenant under section 504B.291, subdivision 1, the person filing the
2.19complaint shall attach to the complaint a copy of the notice given pursuant to section
2.20504B.291, subdivision 1a.
2.21EFFECTIVE DATE.This section is effective August 1, 2013, and applies to cases
2.22filed on or after that date.
