.................... moves to amend H.F. No. 859 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 504B.171, subdivision 1, is amended to
Subdivision 1. Terms of covenant. (a)
In every lease or license of residential
premises, whether in writing or parol, the landlord or licensor and the tenant or licensee
(1) neither will:
(i) unlawfully allow controlled substances in those premises or in the common
area and curtilage of the premises;
(ii) allow prostitution or prostitution-related activity as defined in section
, to occur on the premises or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in violation of section
, on the premises or in the common area and curtilage
of the premises; or
(iv) allow stolen property or property obtained by robbery in those premises or in the
common area and curtilage of the premises; and
(2) the common area and curtilage of the premises will not be used by either the
landlord or licensor or the tenant or licensee or others acting under the control of either to
manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a
controlled substance in violation of any criminal provision of chapter 152. The covenant
is not violated when a person other than the landlord or licensor or the tenant or licensee
possesses or allows controlled substances in the premises, common area, or curtilage,
unless the landlord or licensor or the tenant or licensee knew or had reason to know of
1.26(b) In every lease or license of residential premises, whether in writing or parol, the
1.27tenant or licensee covenant that the tenant or licensee will not commit an act enumerated
2.1under section 504B.206, subdivision 1, paragraph (a), against a tenant or licensee or
2.2any authorized occupant.
Sec. 2. Minnesota Statutes 2012, section 504B.206, is amended to read:
2.4504B.206 RIGHT OF VICTIMS OF DOMESTIC ABUSE TO TERMINATE
Subdivision 1. Right to terminate; procedure.
A tenant to a residential lease
2.7 who is a victim of domestic abuse and fears imminent domestic abuse against the tenant
2.8 or the tenant's minor children if the tenant or the tenant's minor children remain in the
2.9 leased premises may terminate a lease agreement without penalty or liability as provided
2.10 in this section. The tenant must provide advance written notice to the landlord stating that
2.11 A tenant to a residential lease may terminate a lease agreement in the manner provided in
2.12this section without penalty or liability, if the tenant or another authorized occupant fears
2.13imminent violence after being subjected to
the tenant fears imminent domestic abuse from a person named in an order
2.15 for protection or no contact order domestic abuse, as that term is defined under section
2.16518B.01, subdivision 2
the tenant needs to terminate the tenancy; and criminal sexual assault, as that
2.18term is defined under sections 609.342 to 609.3451; or
the specific date the tenancy will terminate. stalking, as that term is defined under
2.20section 609.749, subdivision 1.
(b) The tenant must provide signed and dated advance written notice to the landlord:
2.22(1) stating the tenant fears imminent violence against the tenant or an authorized
2.23occupant if the tenant or authorized occupant remains in the leased premises as indicated
2.24in a qualifying document;
2.25(2) stating that the tenant needs to terminate the tenancy;
2.26(3) providing the date by which the tenant will vacate;
2.27(4) providing written instructions for the disposition of any remaining personal
2.28property in accordance with section 504B.271; and
2.29(5) providing the name of the perpetrator, if it is safe to provide.
The written notice must be delivered before the termination of the tenancy by
mail, fax, or in person, and be accompanied by
the order for protection or no contact order
2.32 a qualifying document
(c) For purposes of this section, an order for protection means an order issued under
2.34 chapter 518B. A no contact order means a no contact order currently in effect, issued
2.35 under section
629.75 or chapter 609.
3.1(d) The tenancy terminates, including the right of possession of the premises, as
3.2provided in subdivision 3.
Subd. 2. Treatment of information.
A landlord must not disclose information
provided to the landlord by a tenant documenting domestic abuse under subdivision 1.
The information must not be entered into any shared database or provided to any person or
entity but may be used when required as evidence in an eviction proceeding, action for
unpaid rent or damages arising out of the tenancy, claims under section
the consent of the tenant, or as otherwise required by law.
3.9 Subd. 2a. Forms. A document produced by a qualified third party must be
3.10substantially in the following form:
3.11STATEMENT BY QUALIFIED THIRD PARTY
3.12I, .................... (name of qualified third party), do hereby verify as follows:
3.131. I am a licensed health care professional, domestic abuse advocate, as that term is
3.14defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
3.15term is defined in section 595.02, subdivision 1, paragraph (k).
3.162. I have a reasonable basis to believe .................... (name of victim(s)) is a
3.17victim/are victims of domestic abuse, criminal sexual conduct, or stalking and fear(s)
3.18imminent violence against the individual or authorized occupant if the she or he remains
3.19(they remain) in the leased premises.
3.203. I understand that the person(s) listed above may use this document as a basis for
3.21gaining a release from the lease.
3.22The foregoing is true and correct.
3.23Printed Name of qualified third party ....................
3.24Signature of qualified third party ....................
3.25Business Address and Business Telephone ....................
Subd. 3. Liability for rent; termination of tenancy.
(a) A tenant who is a sole
3.28tenant and is
terminating a lease under subdivision 1 is responsible for the rent payment
for the full month in which the tenancy terminates
and an additional amount equal to one
3.30 month's rent
. The tenant forfeits all claims for the return of the security deposit under
3.31section 504B.178 and
is relieved of any other contractual obligation for payment of rent or
any other charges for the remaining term of the lease, except as provided in this section. In
3.33a sole tenancy, the tenancy terminates on the date specified in the notice provided to the
3.34landlord as required under subdivision 1.
(b) In a tenancy with multiple tenants, any lease governing all tenants is terminated
3.36at the latter of the end of the month or the end of the rent interval in which one tenant
4.1terminates the lease under subdivision 1. Upon termination, all tenants forfeit all claims
4.2for the return of the security deposit under section 504B.178 and are relieved of any other
4.3contractual obligation for payment of rent or any other charges for the remaining term of
4.4the lease, except as provided in this section. The landlord and remaining tenants maintain
4.5all rights and remedies available under law and the terms of the lease until termination of
4.6the lease. Any tenant whose tenancy was terminated under this paragraph may reapply to
4.7enter into a new lease with the landlord.
This section does not affect a tenant's liability for delinquent, unpaid rent or
other amounts owed to the landlord before the lease was terminated by the tenant under
(c) The tenancy terminates, including the right of possession of the premises, on the
4.12 termination date stated in the notice under subdivision 1. The amount equal to one month's
4.13 rent must be paid on or before the termination of the tenancy for the tenant to be relieved of
4.14 the contractual obligations for the remaining term of the lease as provided in this section.
4.15 (d) For purposes of this section, the provisions of section
504B.178 are triggered
4.16 as follows:
4.17 (1) if the only tenant is the tenant who is the victim of domestic abuse and the
4.18 tenant's minor children, if any, upon the first day of the month following the later of:
4.19 (i) the date the tenant vacates the premises; or
4.20 (ii) the termination of the tenancy indicated in the written notice under subdivision
4.21 1; or
4.22 (2) if there are additional tenants bound by the lease, upon the expiration of the lease.
4.23 Subd. 4. Multiple tenants. Notwithstanding the release of a tenant from a lease
4.24 agreement under this section, if there are any remaining tenants the tenancy continues for
4.25 those remaining tenants.
Subd. 5. Waiver prohibited.
A residential tenant may not waive, and a landlord
may not require the residential tenant to waive, the tenant's rights under this section.
Subd. 6. Definitions.
For purposes of this section,
"domestic abuse" has the meaning
4.29 given in section
518B.01, subdivision 2 the following terms have the meaning given
4.30(1) "Court official" means a judge, referee, court administrator, prosecutor, probation
4.31officer, or victim's advocate, whether employed by or under contract with the court, who is
4.32authorized to act on behalf of the court;
4.33(2) "Qualified third party" means a person that has had in-person contact with either
4.34the tenant or authorized occupant and is:
4.35(i) a licensed health care professional;
5.1(ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision
5.21, paragraph (l); or
5.3(iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision
5.41, paragraph (k).
5.5(3) "Qualifying document" means:
5.6(i) a valid order for protection issued under chapter 518B;
5.7(ii) A no contact order currently in effect, issued under section 629.75 or chapter 609;
5.8(iii) a written record signed by a court official documenting that the tenant or
5.9authorized occupant is a victim of domestic abuse, as that term is defined under section
5.10518B.01, subdivision 2, criminal sexual assault, as that term is defined under sections
5.11609.342 to 609.3451, or stalking, as that term is defined under section 609.749, subdivision
5.121, and naming the perpetrator, if known;
5.13(iv) a city, county, state, or tribal law enforcement police report documenting that
5.14the tenant or authorized occupant is a victim of domestic abuse, as that term is defined
5.15under section 518B.01, subdivision 2, criminal sexual assault, as that term is defined under
5.16sections 609.342 to 609.3451, or stalking, as that term is defined under section 609.749,
5.17subdivision 1, and naming the perpetrator, if known; or
5.18(v) a statement by a qualified third party, as provided under subdivision 2a.
5.19 Subd. 7. Conflicts with other laws. If a federal statute, regulation, or handbook
5.20permitting termination of a residential tenancy subsidized under a federal program
5.21conflicts with any provision of this section, then the landlord must comply with the federal
5.22statute, regulation, or handbook.
Sec. 3. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to read:
Subdivision 1. Grounds. (a)
The person entitled to the premises may recover
possession by eviction when:
(1) any person holds over real property:
(i) after a sale of the property on an execution or judgment; or
(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
after termination of contract to convey the property;
(2) any person holds over real property after termination of the time for which it is
demised or leased to that person or to the persons under whom that person holds possession,
contrary to the conditions or covenants of the lease or agreement under which that person
holds, or after any rent becomes due according to the terms of such lease or agreement; or
(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
6.1(b) A landlord may not commence an eviction action against a tenant or lawful
6.2occupant solely on the basis that the tenant or lawful occupant has been the victim of
6.3any of the acts listed in section 504B.206, subdivision 1, paragraph (a). Nothing in this
6.4paragraph should be construed to prohibit an eviction action based on a breach of the lease.
Sec. 4. REPEALER.
6.6Minnesota Statutes 2012, section 504B.206, subdivision 4, is repealed.