Subd. 3.

Mandatory expungement.

(a) deleted text begin Except for clause (6),deleted text end The court shall, without
motion by any partynew text begin except for clauses (6) and (7)new text end , order expungement of an eviction case:

(1) commenced solely on the grounds provided in section 504B.285, subdivision 1,
clause (1), if the court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:

(i) the time for contract cancellation or foreclosure redemption has expired and the
defendant vacated the property prior to commencement of the eviction action; or

(ii) the defendant was a tenant during the contract cancellation or foreclosure redemption
period and did not receive a notice under section 504B.285, subdivision 1a, 1b, or 1c, to
vacate on a date prior to commencement of the eviction case;

(2) if the defendant prevailed on the merits;

(3) if the deleted text begin court dismissed the plaintiff'sdeleted text end complaint new text begin is dismissednew text end for any reason;

(4) if the parties to the action have agreed to an expungement;

(5) three years after the eviction was ordered; deleted text begin or
deleted text end

(6) new text begin upon motion of a defendant, if an eviction action has been filed in violation of section
504B.285, subdivision 1, paragraph (b); or
new text end

new text begin (7) new text end upon motion of a defendant, if the case is settled and the defendant fulfills the terms
of the settlement.

(b) If a tenant brings a motion for the expungement of an eviction, the court shall order
the expungement of an eviction case that was commenced on the grounds of a violation of
section 504B.171 or any other claim of breach regardless of when the original eviction was
ordered, if the tenant could receive an automatic expungement under section 609A.055, or
if the breach was based solely on the possession of marijuana or tetrahydrocannabinols.

Subd. 14.

Violation.

"Violation" means:

(1) a violation of any state, county or city health, safety, housing, building, fire prevention,
or housing maintenance code applicable to the building;

(2) a violation of deleted text begin any of the covenants set forth in section 504B.161, subdivision 1,
clause (1) or (2), or in section 504B.171, subdivision 1deleted text end new text begin this chapternew text end ; deleted text begin or
deleted text end

new text begin (3) a violation of any federal, state, county, or city laws protecting tenants from
discrimination;
new text end

new text begin (4) a violation of any applicable tenant rights and landlord obligations for public and
subsidized tenancies under local, state, or federal law; or
new text end

deleted text begin (3)deleted text end new text begin (5)new text end a violation of an oral or written agreement, lease, or contract for the rental of a
dwelling in a building.

Subd. 3.

Additional fees or deposits prohibitednew text begin ; disclosure requirednew text end .

new text begin (a) new text end A landlord
must not require a tenant with a reasonable accommodation under this section to pay an
additional fee, charge, or deposit for the service or support animal. A tenant is liable to the
landlord for any damage to the premises caused by the service or support animal.

new text begin (b) If a landlord requires an additional fee, charge, or deposit pursuant to a pet policy,
the landlord must disclose in the lease the prohibition on additional fees, charges, or deposits
for service or support animals under this section.
new text end

new text begin (c) A tenant may bring an action to recover any fees, charges, or deposits paid to a
landlord pursuant to a pet policy if:
new text end

new text begin (1) the landlord fails to provide the disclosure required in paragraph (b); and
new text end

new text begin (2) the tenant demonstrates that the tenant would have requested a reasonable
accommodation and would likely have received a reasonable accommodation had the
landlord provided the disclosure under paragraph (b).
new text end

Subdivision 1.

Requirements.

(a) In every lease or license of residential premises, the
landlord or licensor covenants:

(1) that the premises and all common areas are fit for the use intended by the parties;

(2) to keep the premises new text begin and all common areas new text end in reasonable repair during the term of
the lease or license, new text begin including services and conditions listed in section 504B.381, subdivision
1, and extermination of insects, rodents, vermin, or other pests on the premises, new text end except when
the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant
or licensee or a person under the direction or control of the tenant or licensee;

(3) to make the premises new text begin and all common areas new text end reasonably energy efficient by installing
weatherstripping, caulking, storm windows, and storm doors when any such measure will
result in energy procurement cost savings, based on current and projected average residential
energy costs in Minnesota, that will exceed the cost of implementing that measure, including
interest, amortized over the ten-year period following the incurring of the cost;

(4) to maintain the premises new text begin and all common areas new text end in compliance with the applicable
health and safety laws of new text begin the United States, of new text end the state, and of the local units of governmentnew text begin ,
including ordinances regulating rental licensing,new text end where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licensee; and

(5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from
October 1 through April 30, unless a utility company requires and instructs the heat to be
reduced.

(b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.

Subd. 2.

Emergency calls permitted.

(a) A landlord may not:

(1) bar or limit a residential tenant's right to call for police or emergency assistance in
response to domestic abuse or any other conductnew text begin , including but not limited to mental health
or health crisesnew text end ; or

(2) impose a penalty on a residential tenant for calling for police or emergency assistance
in response to domestic abuse or any other conductnew text begin , including but not limited to mental
health or health crisesnew text end .

(b) A residential tenant may not waive and a landlord may not require the residential
tenant to waive the residential tenant's right to call for police or emergency assistance.

Subd. 3.

Local preemption.

This section preempts any inconsistent local ordinance or
rule including, without limitation, any ordinance or rule that:

(1) requires an eviction after a specified number of calls by a residential tenant for police
or emergency assistance in response to domestic abuse or any other conductnew text begin , including but
not limited to mental health or health crisesnew text end ; or

(2) provides that calls by a residential tenant for police or emergency assistance in
response to domestic abuse or any other conductnew text begin , including but not limited to mental health
or health crises,new text end may be used to penalize or charge a fee to a landlord.

This subdivision shall not otherwise preempt any local ordinance or rule that penalizes
a landlord for, or requires a landlord to abate, conduct on the premises that constitutes a
nuisance or other disorderly conduct as defined by local ordinance or rule.

Subdivision 1.

Right to terminate; procedure.

(a) A tenant to a residential lease may
terminate a lease agreement in the manner provided in this section without penalty or liability,
if the tenant or another authorized occupant fears imminent violence after being subjected
to:

(1) domestic abuse, as that term is defined under section 518B.01, subdivision 2;

(2) criminal sexual conduct under sections 609.342 to 609.3451;

(3) sexual extortion under section 609.3458; or

(4) harassment under section 609.749.

(b) The tenant must provide signed and dated advance written notice to the landlord:

(1) stating the tenant fears imminent violence from a person as indicated in a qualifying
document against the tenant or an authorized occupant if the tenant or authorized occupant
remains in the leased premises;

(2) stating that the tenant needs to terminate the tenancy;

(3) providing the date deleted text begin bydeleted text end new text begin onnew text end which the deleted text begin tenant will vacatedeleted text end new text begin lease will terminatenew text end ; and

(4) providing written instructions for the disposition of any remaining personal property
in accordance with section 504B.271.

(c) The written notice must be delivered before the termination of the tenancy by mail,
deleted text begin fax, ordeleted text end in personnew text begin , or by a form of written communication the plaintiff regularly uses to
communicate with the landlordnew text end , and be accompanied by a qualifying document.new text begin The tenancy
terminates for the tenant who exercises the right granted under this subdivision, including
the right of possession of the premises, on the date provided in the notice required under
paragraph (b). Vacation of the premises under this section by the tenant prior to the date
provided in the notice does not constitute termination of the tenancy for the purposes of this
section.
new text end

(d) The landlord may request that the tenant disclose the name of the perpetrator and, if
a request is made, inform the tenant that the landlord seeks disclosure to protect other tenants
in the building. The tenant may decline to provide the name of the perpetrator for safety
reasons. Disclosure shall not be a precondition of terminating the lease.

deleted text begin (e) The tenancy terminates, including the right of possession of the premises, as provided
in subdivision 3.
deleted text end

Subd. 2.

Treatment of information.

(a) A landlord must not disclose:

(1) any information provided to the landlord by a tenant in the written notice required
under subdivision 1, paragraph (b);

(2) any information contained in the qualifying document;

(3) the address or location to which the tenant has relocated; or

(4) the status of the tenant as a victim of violence.

(b) The information referenced in paragraph (a) must not be entered into any shared
database or provided to any person or entity but may be used when required as evidence in
an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims
under section 504B.178, with the consent of the tenant, or as otherwise required by law.

new text begin (c) A landlord who violates this section is liable to the tenant for statutory damages of
$2,000, plus reasonable attorney fees and costs.
new text end

Subd. 3.

Liability for rent; termination of tenancy.

(a) A tenant who is a sole tenant
and is terminating a lease under subdivision 1 is responsible for the rent payment for the
full month in which the tenancy terminates. The tenant deleted text begin forfeitsdeleted text end new text begin relinquishesnew text end all claims for
the return of the security deposit under section 504B.178 and is relieved of any other
contractual obligation for payment of rent or any other charges for the remaining term of
the lease, except as provided in this section. In a sole tenancy, the tenancy terminates on
the date specified in the notice provided to the landlord as required under subdivision 1.

(b) In a tenancy with multiple tenants, one of whom is terminating the lease under
subdivision 1, any lease governing all new text begin remaining new text end tenants is terminated at the later of the end
of the month or the end of the rent interval in which one tenant terminates the lease under
subdivision 1. All tenants are responsible for the rent payment for the full month in which
the tenancy terminates. Upon termination, all tenants deleted text begin forfeitdeleted text end new text begin relinquishnew text end all claims for the
return of the security deposit under section 504B.178 and are relieved of any other contractual
obligation for payment of rent or any other charges for the remaining term of the lease,
except as provided in this section. Any tenant whose tenancy was terminated under this
paragraph may reapply to enter into a new lease with the landlord.

(c) This section does not affect a tenant's liability for delinquent, unpaid rent or other
amounts owed to the landlord before the lease was terminated by the tenant under this
section.

new text begin (d) Except as provided in section 504B.285, subdivision 1, paragraph (b), a landlord
may not commence an eviction action against a tenant who has terminated a lease as provided
in this section.
new text end

Subd. 6.

Definitions.

For purposes of this section, the following terms have the meanings
given:

(1) "court official" means a judge, referee, court administrator, prosecutor, probation
officer, or victim's advocate, whether employed by or under contract with the court, who
is authorized to act on behalf of the court;

(2) "qualified third party" means a person, acting in an official capacity, who has deleted text begin had
in-person contact withdeleted text end new text begin provided professional services tonew text end the tenant and is:

(i) a licensed health care professional operating within the scope of the license;

(ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision 1,
paragraph (l); or

(iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision 1,
paragraph (k);

(3) "qualifying document" means:

(i) a valid order for protection issued under chapter 518B;

(ii) a no contact order currently in effect, issued under section 629.75 or chapter 609;

(iii) a writing produced and signed by a court official, acting in an official capacity,
documenting that the tenant or authorized occupant is a victim of domestic abuse, as that
term is defined under section 518B.01, subdivision 2, criminal sexual conduct under sections
609.342 to 609.3451, sexual extortion under section 609.3458, or harassment under section
609.749, and naming the perpetrator, if known;

(iv) a writing produced and signed by a city, county, state, or tribal law enforcement
official, acting in an official capacity, documenting that the tenant or authorized occupant
is a victim of domestic abuse, as that term is defined under section 518B.01, subdivision 2,
criminal sexual conduct under sections 609.342 to 609.3451, sexual extortion under section
609.3458, or harassment under section 609.749, and naming the perpetrator, if known; or

(v) a statement by a qualified third party, in the following form:

STATEMENT BY QUALIFIED THIRD PARTY

I, .................... (name of qualified third party), do hereby verify as follows:

1. I am a licensed health care professional, domestic abuse advocate, as that term is
defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
term is defined in section 595.02, subdivision 1, paragraph (k), who has deleted text begin had in-person
contact withdeleted text end new text begin provided professional services tonew text end .................... (name of victim(s)).

2. I have a reasonable basis to believe .................... (name of victim(s)) is a victim/are
victims of domestic abuse, criminal sexual conduct, sexual extortion, or harassment and
fear(s) imminent violence against the individual or authorized occupant if the individual
remains (the individuals remain) in the leased premises.

3. I understand that the person(s) listed above may use this document as a basis for
gaining a release from the lease.

I attest that the foregoing is true and correct.

(Printed name of qualified third party)

(Signature of qualified third party)

(Business address and business telephone)

(Date)

Subd. 4.

Court file information.

new text begin (a) new text end If a residential tenant screening service includes
information from a court file on an individual in a residential tenant report, the report must
provide the full name and date of birth of the individual in any case where the court file
includes the individual's full name and date of birth, and the outcome of the court proceeding
must be accurately recorded in the residential tenant report including the specific basis of
the court's decision, when available. deleted text begin If a tenant screening service knows that a court file has
been expunged, the tenant screening service shall delete any reference to that file in any
data maintained or disseminated by the screening service.
deleted text end

new text begin (b) Every residential tenant screening service has an affirmative duty to update and
verify the current status of court files by accessing the Minnesota Court Records Online no
more than 24 hours prior to issuing a residential tenant screening report.
new text end

new text begin (c)new text end Whenever the court supplies information from a court file on an individual, in
whatever form, the court shall include the full name and date of birth of the individual, if
that is indicated on the court file or summary, and information on the outcome of the court
proceeding, including the specific basis of the court's decision, coded as provided in
subdivision 5 for the type of action, when it becomes available.

new text begin (d)new text end The residential tenant screening service is not liable under section 504B.245 if the
residential tenant screening service reports complete and accurate information as provided
by the courtnew text begin , consistent with paragraph (b)new text end .

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,
deleted text begin alldeleted text end new text begin one ofnew text end the tenants deleted text begin havedeleted text end new text begin hasnew text end , 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 in the same complex where the tenant
currently resides that is available within two months of the request, then the provisions of
this section do not apply and the tenant may not terminate the lease.

Subdivision 1.

Right to counsel.

A defendant in deleted text begin publicdeleted text end housing new text begin subsidized by the United
States Department of Housing and Urban Development under Section 9 of the United States
Housing Act of 1937 or the Consolidated and Further Continuing Appropriations Act of
2012, Public Law 112-55, 125 Stat. 673, new text end subject to an eviction action under sections
504B.281 to 504B.371 alleging breach of lease under section 504B.171 or 504B.285 who
is financially unable to obtain counsel has the right to counsel appointed by the court. The
complaint required by section 504B.321 shall include the notice on the first page of the
complaint in bold 12-point type: "If financially unable to obtain counsel, the defendant has
the right to a court-appointed attorney." At the initial hearing, the court shall ask the defendant
if the defendant wants court-appointed counsel and shall explain what such appointed counsel
can accomplish for the defendant.

Subdivision 1.

Grounds.

(a) The person entitled to the premises may recover possession
by eviction when:

(1) any person holds over real property:

(i) after a sale of the property on an execution or judgment;

(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or after
termination of contract to convey the property; or

(iii) after the expiration of the time for redemption on a real estate tax judgment sale;

(2) any person holds over real property after termination of the time for which it is
demised or leased to that person or to the persons under whom that person holds possession,
contrary to the conditions or covenants of the lease or agreement under which that person
holds, or after any rent becomes due according to the terms of such lease or agreement; or

(3) any tenant at will holds over after the termination of the tenancy by notice to quit.

(b) A landlord may not commence an eviction action against a tenant or authorized
occupant solely on the basis that the tenant or authorized occupant has been the victim of
any of the acts listed in section 504B.206, subdivision 1, paragraph (a). new text begin A landlord may not
commence an eviction action against a residential tenant who has terminated a lease as
provided in section 504B.206. new text end Nothing in this paragraph should be construed to prohibit an
eviction action based on a breach of the leasenew text begin or where a tenant has provided the written
notice under section 504B.206, subdivision 1, but failed to vacate on or before the date
provided in that notice. A landlord violating this paragraph is liable to the tenant for
reasonable attorney fees and costs incurred by the tenant for obtaining an expungement as
provided under section 484.014, subdivision 3new text end .

Subdivision 1.

General.

(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.

(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.

(c) If the court or jury finds for the defendant, then the court:

(1) shall enter judgment for the defendant, tax the costs against the plaintiff, and issue
execution in favor of the defendant; and

(2) shall expunge the records relating to the action under the provisions of section 484.014
or under the court's inherent authority at the time judgment is entered or after that time upon
motion of the defendant.

(d) Except in actions brought: (1) deleted text begin under section 504B.291; (2)deleted text end under section 504B.171;
or deleted text begin (3)deleted text end new text begin (2)new text end on the basis that the residential tenant engages in behavior that seriously endangers
the safety of other residents, or intentionally and seriously damages the property of the
landlord or a tenant, the court shall stay the writ of recovery of premises and order to vacate
for a reasonable period, not to exceed seven days.new text begin This paragraph does not apply when the
court has issued a default judgment.
new text end

Subd. 2.

Counterclaim for possession.

(a) The landlord may file a counterclaim for
possession of the property in cases where the landlord alleges that the residential tenant did
not deposit the full amount of rent with the court administrator.

(b) The court must set the date for a hearing on the counterclaim not less than seven nor
more than 14 days from the day of filing the counterclaim. If the rent escrow hearing and
the hearing on the counterclaim for possession cannot be heard on the same day, the matters
must be consolidated and heard on the date scheduled for the hearing on the counterclaim.

(c) The contents of the counterclaim for possession must meet the requirements for a
complaint under section 504B.321.

(d) The landlord must serve the counterclaim as provided in section deleted text begin 504B.331deleted text end new text begin 504B.332new text end ,
except that the affidavit of service or mailing may be brought to the hearing rather than filed
with the court before the hearing.

(e) The court must provide a simplified form for use under this section.