Purpose

• The bill aims to protect tenants’ ability to participate in class actions by prohibiting landlords from restricting this participation through residential leases. It states that the requirements of this section cannot be waived or modified by lease agreements, and that any attempt to waive this provision is contrary to public policy and void.

Main Provisions

• Prohibition on class action waivers: A residential lease may not restrict a tenant’s ability to participate in a class action.
• Immunity from waivers or modifications: Landlords and tenants cannot waive or modify this prohibition in any lease or agreement, whether oral or written.
• Public policy and voided waivers: Any lease clause that attempts to waive this provision is void and against public policy.
• Remedies and damages: A tenant can recover from the landlord treble actual and consequential damages or $1,000, whichever is greater, plus reasonable attorney fees for a violation of this section.

Significance and Changes to Law

• Creates a new prohibition under Minnesota Statutes chapter 504B (specifically 504B.213) regarding class action waivers in residential leases.
• Establishes a civil remedies framework for violations, including enhanced damages and attorney fees, reinforcing tenants’ rights to participate in class actions.

Scope

• Applies to residential leases (oral or written) and governs the ability of tenants to participate in class actions, independent of any lease provisions attempting to restrict that participation.

Enforcement and Remedies

• Violations trigger monetary damages to the tenant: treble actual and consequential damages or $1,000 (whichever is greater), plus reasonable attorney fees.
• The provision emphasizes a strong deterrent against lease terms that try to block class action participation.

Practical Impact

• Tenants negotiating or entering residential leases cannot be forced into waivers that block class action participation.
• Landlords who attempt to include such waivers could face significant damages and legal fees if found in violation.

Relevant Terms - class action, class action waiver, waivers, residential lease, tenant, landlord, public policy, treble damages, actual damages, consequential damages, attorney fees, Minnesota Statutes, chapter 504B, 504B.213, violation, lease provision, oral or written.