Provisions related to redemption in an eviction action for nonpayment of rent amended.

A bill for an act

relating to housing; amending provisions related to redemption in an eviction

action for nonpayment of rent; amending Minnesota Statutes 2024, section

504B.291, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 504B.291, subdivision 1, is amended to read:

Subdivision 1.

Action to recover.

(a) A landlord may bring an eviction action for

nonpayment of rent irrespective of whether the lease contains a right of reentry clause. Such

an eviction action is equivalent to a demand for the rent. There is a rebuttable presumption

that the rent has been paid if the tenant produces a copy or copies of one or more money

orders or produces one or more original receipt stubs evidencing the purchase of a money

order, if the documents: (i) total the amount of the rent; (ii) include a date or dates

approximately corresponding with the date rent was due; and (iii) in the case of copies of

money orders, are made payable to the landlord. This presumption is rebutted if the landlord

produces a business record that shows that the tenant has not paid the rent. The landlord is

not precluded from introducing other evidence that rebuts this presumption. In such an

action, unless the landlord has also sought to evict the tenant by alleging a material violation

of the lease under section
504B.285, subdivision 5
, the tenant may, at any time before

possession has been delivered, redeem the tenancy and be restored to possession by paying

to the landlord or bringing to court the amount of the rent that is in arrears, with interest,

costs of the action, and an attorney's fee not to exceed $5, and by performing any other

covenants of the lease. Redemption may be made with a written guarantee from (1) a federal

agency, state agency, or local unit of government,
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or
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(2) any other organization that qualifies

for tax-exempt status under United States Code, title 26, section 501(c)(3), and that

administers a
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government
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rental assistance program, has sufficient funds available, and

guarantees funds will be provided to the landlord
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, or (3) any third party that has sufficient

funds available and provides a statement under penalty of perjury that the funds will be

provided to the landlord as agreed to by the parties
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.

(b) If the tenant has paid to the landlord or brought into court the amount of rent in

arrears but is unable to pay the interest, costs of the action, and attorney's fees required by

paragraph (a), the court may permit the tenant to pay these amounts into court and be restored

to possession within the same period of time, if any, for which the court stays the issuance

of the order to vacate under section
504B.345
.

(c) Prior to or after commencement of an action to recover possession for nonpayment

of rent, the parties may agree only in writing that partial payment of rent in arrears which

is accepted by the landlord prior to issuance of the order granting restitution of the premises

pursuant to section
504B.345
may be applied to the balance due and does not waive the

landlord's action to recover possession of the premises for nonpayment of rent.

(d) Rental payments under this subdivision must first be applied to rent claimed as due

in the complaint from prior rental periods before applying any payment toward rent claimed

in the complaint for the current rental period, unless the court finds that under the

circumstances the claim for rent from prior rental periods has been waived.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to eviction actions filed on or after that date.

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