ADDITIONAL CONSUMER INFORMATION

Consumer Questions or Complaints

The Attorney General’s Office answers questions regarding numerous consumer issues. The Attorney General’s Office also provides mediation to resolve disputes between Minnesota consumers and businesses and uses information from consumers to enforce the state’s civil laws.

If you have a consumer complaint, please contact the Attorney General’s Office in writing: Minnesota Attorney General’s Office

445 Minnesota Street, Suite 1400 St. Paul, MN 55101

Citizens can also receive direct assistance from a consumer specialist by calling: 651-296-3353 or 1-800-657-3787

TTY: 651-297-7206 or TTY: 1-800-366-4812

(TTY numbers are for callers using teletypewriter devices.)

Additional consumer publications are available from the Attorney General’s Office. Contact us to receive copies or preview the publications on our website: www.ag.state.mn.us.

 The Car Handbook

 Citizen’s Guide to Home Building and Remodeling

 Conciliation Court

 The Credit Handbook

 Credit Reports

 Guarding Your Privacy: Tips to Prevent Identity Theft

 The Home Buyer’s Handbook

 The Home Seller’s Handbook

 Landlords and Tenants: Rights and Responsibilities

 Managing Your Health Care

 The Manufactured Home Parks Handbook

 Minnesota’s Car Laws

 Private Mortgage Insurance Fact Sheet

 The Phone Handbook

 Probate and Planning: A Guide to Planning for the Future

 Reducing Unwanted Calls and Junk Mail

 Senior’s Legal Rights

 Veterans and Service Members

From the Office of

Minnesota Attorney General

Lori Swanson

Consumer Protection

445 Minnesota Street, Suite 1400

St. Paul, MN 55101

2010 CHANGES TO MINNESOTA LAW

REGARDING LANDLORDS AND TENANTS

2010 Minnesota Laws, Chapter 315

RECEIPT FOR CASH PAYMENT OF RENT

A landlord receiving rent or other pa yments fro m a tenant in cash must provide a written receipt for payment i mmediately upon receipt if the pay ment is made in person, or within three bus iness day s if payment in cash is not made in person. [504B.118]

LIABILITY FOR PROVIDING FALSE INFORMATION ON RENTAL APPLICATION

A prospective tenant who provi des materially false information on the appl ication or omits material information requested is li able to the landlord for da mages, plus a civil penalty of up to $50 0, civil court filing costs and reasonable attorney fees. [504B.173, subd. 4(b)]

APPLICANT SCREENING FEES

A landlord may not:

(1) charge an applicant a screening fee when the landlo rd knows or should have known that no rental unit is available at that time or will be available within a reasonable future time; (2) collect or hold an applicant screening fee without giving the appl icant a written receipt for the fee, which may be incorporated int o t he ap plication for m, upon req uest of the applicant; or

(3) use, cash, or deposit an applicant screen ing fee until all prior applicants have eit her been screened and reject ed, or offered the u nit and d eclined to enter i nto a rental agreement. [504B.173, subd. 1]

A landlord must return the applicant screening fee if:

(1) the applicant is rejected for any reason not listed in the required disclosed criteria; or (2) a prior applicant is offered the unit and agrees to enter into a rental agreement.

If the landlord does not perform a personal reference check or does not obtain a consumer credit report or tenant screening report, the landlord m ust return any amount of the applicant screening fee that is not used for these purposes. [504B.173, subd. 2]

If a landlord accepts an applicant screening fee from a prospective tenant, the landlord must: (1) disclose in writing prior to accepting the applicant screening fee:

(i) the nam e, address and tel ephone number of the tenant screenin g service the landlord will use, unless the landlord does not use a tenant screening service; and (ii) the criteria on which the decision to re nt to the prospective tenant will be based;

and

(2) notify the applicant within 14 day s of re jecting a rental application, identify ing the criteria the applicant failed to meet. [504B.173, subd. 3]

EVICTION ACTIONS

Eviction actions on a tenant in a foreclosed property. For any eviction action commenced on or before December 31, 2012:

 If you were a tenant during the redemption period under a lease and the lease began after the date the mortgage was executed, but prior t o the re demption expiration, the i mmediate successor in interest must provide the tenant 90 day s wr itten notice to vacate, given no sooner than the redemption expiration dat e and e ffective no sooner than 90 days after the red emption expiration date provided you pay the rent and abide by all the lease terms. [504B.285, subd. 1(a)(a)]

 Where the terms of a bona fide lease extend more than 90 days beyond the redemption expiration date, the immediate successor in in terest must allow the tenant to occupy the premises until the end of the remaining lease term, and provide at least 90 days written notice to vacate, effective no sooner than the date the lease expires, provided that you pay the rent and abide by all the lease terms, exc ept if the immediate succe ssor in intere st or an immediate subs equent bona fide purchaser wil l be occupy ing the reside nce a s a primary residence, then they must give 9 0 day written notice to the tenant to vacate. T he 90 day written notice cannot be gi ven sooner than the redemption expiration dat e and cannot be effective sooner than 90 day s aft er the redemption expiration date provided the tenant pays the rent and abides by all terms of the lease. [504B.285, subd. 1(a)(b)]

Eviction actions on a tenant in a property subject to a contract for deed. For any eviction action commenced on or before December 31, 2012:

 The person entitled to the prem ises may recover possession by eviction when any person holds over real property after termination of contract to convey the property, provided that if the person holding over was a tenan t during the ter mination period under a lease of any duration and the lease began a fter the dat e the contract f or deed was executed, but prior to the expiration of the time for termination, and the person has received:

(1) at least two months’ written notice to vacate no sooner than one month after the expiration of the time for term ination, provided that the tenant pays the rent and abides by all the terms of the lease; or

(2) at least two months’ written notice to vacate no lat er than the expiration of the time for termination, whic h notice shall also state th at the sender will hold the tenant harmless for breaching the lease by vacating the premises if the contract is reinstated. [504B.285, subd. 1(b)]

BAD FAITH RETENTION OF DAMAGE DEPOSIT

The am ount of punitive dam ages increased fro m $200 to up t o $500 for the bad faith ret ention by a landlord of a deposit in violation of the law. [504B.178, subd. 7]

FOR LEASES ENTERED INTO OR RENEWED ON OR AFTER JANUARY 1,2011:

LATE FEES

You cannot be charged a late fee if the rent is paid after the due date, unless the tenant and la ndlord have agreed in writing t hat a late fee may be imposed. The written agreement must specify when the late fee will be imposed and the late fee cannot exceed eight percent of the overdue rent payment, unless a federal statute, regulation or handbook provides for a different late fee. [504B.177]