HF4835

Purpose

This bill creates a Tenant Right to Repair for residential rental units in Minnesota. It allows tenants to pay for certain repairs themselves after giving proper notice to the landlord and a chance for the landlord to fix the issue, instead of always using a rent escrow process. The bill also allows tenants to deduct the repair costs from future rent or receive reimbursement, under specific rules.

Main Provisions

• Right to repair and rent deduction
  • After notice and an opportunity to repair, the tenant may pay for the repair and then deduct the cost from future rent or receive reimbursement.
• Notice requirements
  • Before paying for repairs, the tenant must give written notice to the landlord (via the rent payment address or known contact methods) detailing the needed repair and the intent to deduct costs from rent.
  • Generally, notice must be provided at least 14 days before doing repairs.
  • For certain code violations and when an inspection has occurred, additional documentation must be included with the notice.
• Dispute process for landlords
  • If the landlord disputes the repair, they must respond in 14 days and arrange a building official to inspect the property.
  • If the landlord does not respond within 14 days, the landlord waives the right to claim the repair is not required.
  • If the inspection confirms the repair is needed (or no inspection occurs within 30 days of the landlord’s dispute notice), the tenant retains the right to proceed with the repair.
• Tenant-initiated repairs and bidding
  • If the landlord hasn’t scheduled the repair or the violation isn’t fixed within 14 days of notice, the tenant may contract for repairs.
  • This also applies to necessary repairs in common areas if needed for safety and operation.
  • The tenant must obtain two bids from different contractors and choose the lower bid; the landlord must be notified of bids and scheduling.
• Deduction and reimbursement rules
  • The tenant must provide a payment receipt before deducting from rent.
  • The tenant may reduce rent for each due payment until the repair total is paid.
  • Deductions are capped at two months’ rent within any 12-month period.
  • If part of the rent is government-subsidized, the deduction cap uses the fair market rent for the dwelling, not the tenant’s actual rent.
  • Alternatively, the landlord may reimburse the tenant directly for the repair costs.
  • If the lease ends before the tenant can deduct costs, the landlord must reimburse any outstanding amounts.
• Protections for tenants
  • Landlords may not retaliate against tenants who exercise these rights (no actions like eviction, nonrenewal, rent increases, or reduced services as punishment).
  • Tenants cannot be evicted for nonpayment of rent solely because they used the deduction remedy.
• Private right of action
  • Tenants may sue for violations, and courts may award the tenant a rent reduction or lease rescission, up to a $500 civil penalty per violation, plus reasonable attorney fees.
• Contractor liability and ownership of new appliances
  • Contractors who perform repairs can be held liable to the landlord for damage to property.
  • Any new appliance obtained under this section becomes the landlord’s property.
• Exemptions
  • The right to repair does not apply to emergency repairs or to short-term rental properties (as defined by other statutes).

How this changes existing law

• Establishes a new tenant remedy that sits alongside or replaces rent escrow in many cases, codified as a new provision within Minnesota Statutes chapter 504B (504B.386).
• Introduces a formal process for tenants to perform repairs, including notice, dispute resolution, and bid requirements.
• Adds explicit limits on rent deductions (two months in a 12-month period) and provides a path for direct landlord reimbursement.
• Creates a private right of action for tenants and details penalties and fees, expanding enforcement options beyond existing remedies.
• Clarifies protection against retaliation and ensures tenants can pursue repairs without risking eviction for exercising these rights.
• Sets specific exemptions (emergency repairs and certain short-term rentals).

Exemptions and Important Notes

• Not applicable to emergency repairs (504B.381) or to defined short-term rental properties.
• Applies to violations as defined in relevant sections of statute (e.g., certain code violations with inspection).

Relevant Terms - Tenant Right to Repair - Residential rental unit - Notice - Opportunity to repair - Deductions from rent - Reimbursement - Landlord - Building official inspection - Violation - Code violation - Bid (two bids) - Contractor - Servicer - Common areas - Rent escrow - Private right of action - Rent reduction - Lease rescission - Civil penalty - Attorney fees - Retaliation - Nonrenewal - Eviction - Emergency repairs - Short-term rental property - Fair market rent - Government subsidy (rent assistance)