Lease termination permitted upon loss of income of tenant.

A bill for an act

relating to landlord and tenant; permitting termination of lease upon loss of income

of tenant; proposing coding for new law in Minnesota Statutes, chapter 504B.

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

Section 1.

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[504B.213] RIGHT TO TERMINATE LEASE UPON LOSS OF INCOME.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Income" means salary, wages, tips, commissions, and professional fees.

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(c) "Qualifying document" means:

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(1) documentation by the tenant's employer of termination of the tenant's employment

or reduction in income;

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(2) documentation of the tenant's loss or reduction of income from a source of the income,

other than an employer; or

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(3) if documentation under clause (1) or (2) is unavailable, a statement by the tenant or

the authorized representative of the tenant that includes the following:

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(i) a description of the tenant's loss or reduction of income and inability to pay the rent

based on the loss or reduction of income;

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(ii) the reason the documentation under clause (1) or (2) is unavailable; and

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(iii) an attestation that the statement is true and correct.

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Subd. 2.

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Termination of lease upon loss of income; notice.

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(a) A residential tenant or

the authorized representative of the tenant may terminate a lease prior to the expiration of

the lease if:

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(1) the tenant lost income or their income was reduced and the tenant is unable to pay

rent because of the loss or reduction of income;

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(2) the tenant or the tenant's authorized representative provides written notice to the

landlord at least 14 days prior to the proposed date of termination of the lease; and

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(3) a qualifying document is delivered with the written notice.

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(b) The tenant or the tenant's authorized representative must deliver the written notice

and qualifying document to the landlord by mail, in person, or by a form of written

communication the tenant regularly uses to communicate with the landlord.

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Subd. 3.

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Date of termination; liability for rent.

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If the tenant complies with the

requirements under subdivision 2, the lease is terminated on the proposed date of termination

provided in the written notice. The termination of a lease under this section shall not relieve

the tenant from liability for the payment of rent or other sums owed prior to the date of

termination of the lease, including during the notice period.

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Subd. 4.

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Waiver prohibited.

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A waiver of the rights provided under this section, including

a provision that requires a longer notice period than that provided in this section, is contrary

to public policy and 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, renewed, or extended on or after that date. For the purposes

of this section, estates at will shall be deemed to be renewed or extended at the

commencement of each rental period.

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