Termination of lease upon the death or infirmity of a tenant process modification

A bill for an act

relating to housing; modifying the process for a termination of lease upon the death

or infirmity of a tenant; amending Minnesota Statutes 2024, sections 504B.265,

subdivision 1, by adding a subdivision; 504B.266, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2024, section 504B.265, subdivision 1, is amended to read:

Subdivision 1.

Termination of lease.

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For a residential lease signed before July 1, 2026,
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any party to a lease of residential premises other than a lease at will may terminate the lease

prior to its expiration date in the manner provided in subdivision 2 upon the death of the

tenant or, if there is more than one tenant, upon the death of all tenants.

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EFFECTIVE DATE.

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This section is effective July 1, 2026, and applies to a lease signed

before that date.

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Sec. 2.

Minnesota Statutes 2024, section 504B.265, is amended by adding a subdivision

to read:

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Subd. 2a.

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Termination of lease after July 1, 2026; notice.

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For a residential lease signed

on or after July 1, 2026, a tenant, or the authorized representative of the tenant of a residential

lease, or if there is more than one tenant, any surviving tenant may terminate the lease in

the manner provided in this subdivision upon the death of the tenant. The authorized

representative of the tenant's estate, or a surviving tenant, may terminate the lease upon

written notice to the landlord, to be effective no sooner than the last day of the month when

the notice was provided. The notice shall be hand delivered or mailed by postage prepaid,

first class United States mail to the landlord. The termination of a lease under this section

shall not relieve the tenant's estate from liability either for the payment of rent or other sums

owed prior to or during the notice period, or for the payment of amounts necessary to restore

the premises to their condition at the commencement of the tenancy, ordinary wear and tear

excepted.

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EFFECTIVE DATE.

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This section is effective July 1, 2026, and applies to a lease signed

on or after that date.

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Sec. 3.

Minnesota Statutes 2024, section 504B.266, subdivision 2, is amended to read:

Subd. 2.

Termination of lease upon infirmity of tenant.

(a) A tenant or the authorized

representative of the tenant may terminate the lease prior to the expiration of the lease in

the manner provided in subdivision 3 if the tenant has or, if there is more than one tenant,

one of the tenants has, been found by a medical professional to need to move into a medical

care facility and:

(1) require assistance with instrumental activities of daily living or personal activities

of daily living due to medical reasons or a disability;

(2) meet one of the nursing facility level of care criteria under section
144.0724
,

subdivision 11; or

(3) have a disability or functional impairment in three or more of the areas listed in

section
245.462, subdivision 11a
, so that self-sufficiency is markedly reduced because of

a mental illness.

(b) When a tenant requires an accessible unit as defined in section
363A.40, subdivision

1, and the landlord can provide an accessible unit
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at the same rate
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in the same complex

where the tenant currently resides that is available within
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two months
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one month
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of the

request, then the provisions of this section do not apply and the tenant may not terminate

the lease.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to a lease

signed before, on, or after that date.

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Sec. 4.

Minnesota Statutes 2024, section 504B.266, subdivision 3, is amended to read:

Subd. 3.

Notice.

When the conditions in subdivision 2 have been met, the tenant or the

tenant's authorized representative may terminate the lease by providing
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at least two months'
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written notice to be effective
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on
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no sooner than
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the last day of
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a calendar
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the
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month
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when

notice was provided
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. The notice must be either hand-delivered or mailed by postage prepaid,

first class United States mail. The notice must include: (1) a copy of the medical professional's

written documentation of the infirmity; and (2) documentation showing that the tenant has

been accepted as a resident or has a pending application at a location where the medical

professional has indicated that the tenant needs to move. The termination of a lease under

this section shall not relieve the eligible tenant from liability either for the payment of rent

or other sums owed prior to or during the notice period, or for the payment of amounts

necessary to restore the premises to their condition at the commencement of the tenancy,

ordinary wear and tear excepted.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to a lease

signed before, on, or after that date.

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