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A bill for an act
relating to housing; modifying requirements for prorated rent to include an
incomplete first month of rent; amending Minnesota Statutes 2024, section
504B.116.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 504B.116, is amended to read:
504B.116 PRORATED RENT REQUIRED.
(a) When a lease term for a residential unit ends on a date before the last day of the final
month,
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or the lease begins on a date after the first day of the month,
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the amount of rent to
be paid for the
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first month or
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final month
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owed for the final month
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of rent must be prorated
at the average daily rate for that month so that the tenant only pays for the actual number
of days that occupancy is allowed. This provision applies to all leases, including leases
requiring the
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first or
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last month of rent to be paid in advance.
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Any attempted waiver of this
section by a landlord and tenant, by contract or otherwise, shall be
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The requirements of this
section may not be waived and any clause in a lease in violation of this section is
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void and
unenforceable.
(b) For purposes of this section, prorated rent must be calculated using the actual number
of calendar days for the calendar month
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in which the lease expires
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that is incomplete
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.
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(c) Any contract clause that limits tenant remedies for this section, including a lease
term that would require arbitration or prohibit a class action for violation of this section, is
void and unenforceable.
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EFFECTIVE DATE.
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This section is effective the day following final enactment and
applies to leases entered into on or after that date.
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