HF3639

Purpose

• The bill aims to protect minors by preventing landlords from listing a tenant’s minor child as a party to a lease or as a defendant in an eviction case. It adds this prohibition to Minnesota’s residential landlord-tenant laws and establishes remedies if the prohibition is violated.

Main Provisions

• Prohibition in leases:
  • A residential lease may not list a minor child of a residential tenant as a tenant.
  • Exception: if the minor is the only person renting the unit, the lease may list the minor as a tenant.
• Prohibition in eviction actions:
  • A residential landlord may not list a minor child of a residential tenant as a defendant in an eviction complaint.
  • Exception: if the minor is the only person renting, the landlord may list the minor as a defendant in the eviction action against the minor.
• Non-waiver and remedies:
  • The requirements of this section cannot be waived or modified by any lease provision or agreement; such waivers are void and against public policy.
  • Remedies for violation: the tenant can recover from the landlord treble actual damages and any consequential damages, or $1,000 (whichever is greater), plus reasonable attorney fees.

Significant Changes to Existing Law

• Adds a new protection for minor children in residential lease and eviction contexts.
• Establishes a clear civil damages remedy for violations and makes waivers of the prohibition unenforceable.
• Clarifies that the prohibition applies to both lease agreements and eviction complaints, with a narrow exception if the minor is the only occupant.

Enforcement and Practical Effects

• Violations are actionable in civil actions brought by tenants.
• The remedy emphasizes substantial compensation (treble damages) and attorney fees to deter landlords from naming minor children in leases or eviction filings.
• The public policy stance rejects attempts to contract away these protections.

Potential Impacts

• Tenants with minor children may experience reduced risk of having their children named in leases or eviction lawsuits.
• Landlords must ensure that lease forms and eviction filings do not include minor children as tenants or defendants, except in the rare case where the minor is the sole renter.

Effective Date

• Not specified in the provided text.

Relevant Terms - minor child, minor - tenant - lease - eviction action / eviction complaint - defendant - landlord - public policy - waiver - treble damages - actual damages - consequential damages - attorney fees - Minnesota Statutes, Chapter 504B