LANDLORD-TENANT LAW

Prepared by:
Ron Elwood, Supervising Attorney
Legal Services Advocacy Project
651-842-6909
relwood@mnlsap.org

I. NOTICE TO TENANTS THAT PROPERTY IS IN FORECLOSURE
Chapter 100, Section 1 (HF 829)
Adds Minn. Stat. § 504B.151, subd. 1(d)
Effective August 1, 2013

Imposes liability of $500 on a landlord for the failure to comply with the obligation to disclose to a prospective tenant that the property is in foreclosure or the contract for deed is subject to cancellation, as provided under Minn. Stat. § 504B.151, subd. 1(b). Clarifies that the imposition of the penalty is in addition to and does not limit any other rights available to a tenant.

II. RENT ESCROW ACTIONS WHEN RENT NOT DUE
Chapter 100, Section 5 (HF 829)
Adds Minn. Stat. § 504B.385, subd. 5
Effective August 1, 2013

Clarifies that: (1) a hearing on a rent escrow action must be held as required under the statute even if the tenant is not required to deposit rent with the court administrator; and (2) the tenant must still pay rent due after the filing of the rent escrow action but before the hearing is held.

III. RIGHT OF TENANTS TO POSSESSION AFTER EXPIRATION OF REDEMPTION PERIOD
Chapter 100, Sections 2, 3, and 6 (HF 829)
Amends Minn. Stat. § 504B.285, subds. 1a and 1b
Repeals Minn. Stat. § 504B.285, subd. 1c
Effective August 1, 2013

Makes permanent the right of a tenant to possession in a foreclosed property following the expiration of the redemption period for the latter of 90 days or the term of the lease.

Note: This right of possession was scheduled to expire December 31, 2014 and Minnesota law was to revert to the provisions governing holdovers that were in effect prior to August 1, 2010, when the provisions of the Federal Renter Protection Act providing the rights now made permanent were first codified in Minnesota statute.

IV. TIME TO APPEAL A HOUSING COURT DECISION
Chapter 100, Section 4 (HF 829)
Adds Minn. Stat. § 504B.371, subd. 2
Effective August 1, 2013

Extends from 10 to 15 days the time within which an appeal of a housing court determination must be filed.