HOME Line Policy Blog

Ask your legislator to support the Minnesota Tenants’ Bill of Rights. To find out who your legislator is, click here

(For the complete list of goals in the campaign go to the bottom of this page.)

Legislation (House File 2668 / Senate File 2595) that advances several of the components for this multi-year campaign  include:

• Late Fees: Late fees will be capped at 8% of rent.  This provision will do away with the most egregious late fees and outlaw daily late fees amassing beyond the 8% cap (effective August 1, 2011).
• Receipt for Rent: Tenants will be given a receipt if they pay their rent with cash.  The receipt provided for a money order bought to pay rent will serve as proof of rent-paid unless the landlord proves otherwise.
• Attorney Fees: If a lease entitles a landlord to have its attorney fees paid when they win a certain kind of case, tenants will be entitled to the attorney fees in the same kind of case.
• Limiting Tenant Screening Fees: A fair and consistent process will be used when screening applicants for an apartment.  Prospective tenants will also be informed about how their application will be judged.  Upon becoming law, landlords will be required to:

provide the criteria upon which they will screen applications (that will keep many tenants from paying an application fee for an apartment they have no chance of getting);

process applications for an apartment in sequential order (so that if a tenant’s application fee is cashed, the application will be examined on its own merits); and,

return application fees if they reject a prospective tenant for reasons other than the criteria they provided.

• Penalty for Improper Division of Utility Costs: If a landlord does not follow the entire law on division of utility charges, s/he is liable to the tenant for triple the damages or $500, whichever is greater.
• Bad Faith Retention of Security Deposits: The penalty for a landlord not returning the proper amount of a security deposit will increase from “not to exceed $200″ to “not to exceed $500.”
• Renters Living in Foreclosed Property: State law will be brought into conformance with Federal law.  Tenants living in foreclosed property have the right to the term of their lease or 90 days beyond the redemption period, whichever is longer.

The legislation must now be voted on by the full House and Senate.  A conference committee may then have to work out some small differences between the House and Senate language.  However, the final legislation should reflect the outline provided above.

The Minnesota Multi Housing Association has agreed to ask Governor Pawlenty to sign the legislation making it law.

If any further grassroots action is required to advance the legislation, HOME Line will let you know.  Of course, we would encourage anybody and everybody to contact the bill authors thanking them for their advocacy on behalf of the Minnesota Tenant Bill of Rights:

Senator Dibble    —    (651) 296-4191

Senator Higgins    —    (651) 296-9246

Senator Marty    —    (651) 296-5645

Senator Kelash    —    (651) 296-8061

Representative Mullery    —    (651) 296-4262

Representative Champion    —    (651) 296-8659

Representative Clark    —    (651) 296-0294

Representative Hayden    —    (651) 296-7152

Minnesota Tenant Bill of Rights — a multi-year campaign entitling renters to:

1. The right to a warm home: During a cold weather period of October 1st to April 30th, your apartment should be heated to 68 degrees Fahrenheit or you should be able to control a thermostat capable of heating your apartment to that temperature.
2. The right to a well-maintained home: If your landlord does not respond to the need for an emergency repair promptly, you should be able to do so and deduct the cost from your rent.  Additionally, you should have the right to go to court promptly to address repairs and a choice to break your lease if the landlord does not address the repairs.
3. The right to an affordable, fair, and open application process: You should know how the landlord will judge your application before you apply for an apartment; and, if you are rejected, you should be told why.
4. The right to an affordable security deposit and late fees: Your security deposit should be no more than 1 month’s rent (1 and 1/4 month’s rent if you own a pet).  In addition, your landlord should not be able to assess a late fee for rent due unless a grace period of 5 days has passed.  There should be a standard and affordable cap on late fees.
5. The right to a receipt for rent paid: If you pay your rent with cash or a money order, your landlord should provide you with a receipt.
6. The right to a fair division of utility charges: If the landlord charges for heat, electricity, or water in addition to your rent, you should pay according to a fair estimate of what you actually used.
7. The right to correct a problem before your landlord files an eviction in court: Your landlord should tell you if you have broken the lease and give you a chance to correct the problem before s/he files an eviction in court.
8. The right to fair treatment in a legal dispute with a landlord: 1) Both you and your landlord should have the same amount of time to correct a problem before the issue goes to court.  2) If your landlord fails to meet the obligations provided for in your lease, you should be allowed to end the lease.  3) You should have legal fees covered if you win a legal dispute with your landlord, if your landlord has the same right.  4)  An eviction should only appear on your rental history when the landlord wins in a legal proceeding.
9. The right to move in the case of a severe illness or disability: If your doctor tells you that you must move into a facility because of a medical condition, you should be able to break the lease with one month’s notice.
10. The right to fair treatment in the case of landlord going into foreclosure: If your landlord goes into foreclosure, you should be able to break the lease.  If you decide to stay in your apartment, your lease should be honored by any future buyer.