Bill Text: MN HF1443 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Foreclosure provisions for residential tenants application clarified.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-05-13 - HF indefinitely postponed [HF1443 Detail]
Download: Minnesota-2011-HF1443-Introduced.html
Bill Title: Foreclosure provisions for residential tenants application clarified.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-05-13 - HF indefinitely postponed [HF1443 Detail]
Download: Minnesota-2011-HF1443-Introduced.html
1.2relating to real property; landlord and tenant; clarifying definition of a residential
1.3tenant;amending Minnesota Statutes 2010, section 504B.285, subdivision 1a.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 504B.285, subdivision 1a, is amended to
1.6read:
1.7 Subd. 1a. Grounds when theperson residential tenant holding over is a tenant
1.8in a foreclosed residential building property. (a) For any eviction action commenced on
1.9or before December 31, 2012, where theperson tenant holding the real property after the
1.10expiration of the time for redemption on foreclosure of a mortgage was a tenant during
1.11the redemption period under a lease of any duration, and the lease began after the date
1.12the mortgage was executed, but prior to the expiration of the time for redemption, the
1.13immediate successor in interest must provide at least 90 days' written notice to vacate,
1.14given no sooner than the date of the expiration of the time for redemption, and effective no
1.15sooner than 90 days after the date of the expiration of the time for redemption, provided
1.16that the tenant pays the rent and abides by all terms of the lease.
1.17(b) For any eviction action commenced on or before December 31, 2012, where the
1.18term of a bona fide lease extends more than 90 days beyond the date of the expiration of the
1.19time for redemption, the immediate successor in interest must allow the tenant to occupy
1.20the premises until the end of the remaining term of the lease, and provide at least 90 days'
1.21written notice to vacate, effective no sooner than the date the lease expires, provided that
1.22the tenant pays the rent and abides by all terms of the lease, except if the immediate
1.23successor in interest or an immediate subsequent bona fide purchaser will occupy the unit
1.24as the primary residence, the immediate successor in interest must provide at least 90 days'
2.1written notice to vacate, given no sooner than the date of the expiration of the time for
2.2redemption, effective no sooner than 90 days after the date of the expiration of the time for
2.3redemption, provided that the tenant pays the rent and abides by all terms of the lease.
2.4For purposes of this section, a "bona fide lease" means:
2.5(1) the mortgagor or the child, spouse, or parent of the mortgagor is not the tenant;
2.6(2) the lease or tenancy was the result of an arm's-length transaction; and
2.7(3) the lease or tenancy requires the receipt of rent that is not substantially less than
2.8fair market rent for the property or the unit's rent is reduced or subsidized by a federal,
2.9state, or local subsidy.
2.10(c) For any eviction action commenced on or before December 31, 2012, in the case
2.11of a tenancy subject to section 8 of the United States Housing Act of 1937, as amended,
2.12where the term of the lease extends more than 90 days beyond the date of the expiration
2.13of the time for redemption, the immediate successor in interest must allow the tenant to
2.14occupy the premises until the end of the remaining term of the lease and provide at least
2.1590 days' written notice to vacate, effective no sooner than the date the lease expires,
2.16provided that the tenant pays the rent and abides by all terms of the lease, except if
2.17the immediate successor in interest will occupy the unit as the primary residence, the
2.18immediate successor in interest must provide at least 90 days' written notice to vacate,
2.19given no sooner than the date of the expiration of the time for redemption, effective no
2.20sooner than 90 days after the date of the expiration of the time for redemption, provided
2.21that the tenant pays the rent and abides by all terms of the lease.
1.3tenant;amending Minnesota Statutes 2010, section 504B.285, subdivision 1a.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 504B.285, subdivision 1a, is amended to
1.6read:
1.7 Subd. 1a. Grounds when the
1.8in a foreclosed residential building property. (a) For any eviction action commenced on
1.9or before December 31, 2012, where the
1.10expiration of the time for redemption on foreclosure of a mortgage was a tenant during
1.11the redemption period under a lease of any duration, and the lease began after the date
1.12the mortgage was executed, but prior to the expiration of the time for redemption, the
1.13immediate successor in interest must provide at least 90 days' written notice to vacate,
1.14given no sooner than the date of the expiration of the time for redemption, and effective no
1.15sooner than 90 days after the date of the expiration of the time for redemption, provided
1.16that the tenant pays the rent and abides by all terms of the lease.
1.17(b) For any eviction action commenced on or before December 31, 2012, where the
1.18term of a bona fide lease extends more than 90 days beyond the date of the expiration of the
1.19time for redemption, the immediate successor in interest must allow the tenant to occupy
1.20the premises until the end of the remaining term of the lease, and provide at least 90 days'
1.21written notice to vacate, effective no sooner than the date the lease expires, provided that
1.22the tenant pays the rent and abides by all terms of the lease, except if the immediate
1.23successor in interest or an immediate subsequent bona fide purchaser will occupy the unit
1.24as the primary residence, the immediate successor in interest must provide at least 90 days'
2.1written notice to vacate, given no sooner than the date of the expiration of the time for
2.2redemption, effective no sooner than 90 days after the date of the expiration of the time for
2.3redemption, provided that the tenant pays the rent and abides by all terms of the lease.
2.4For purposes of this section, a "bona fide lease" means:
2.5(1) the mortgagor or the child, spouse, or parent of the mortgagor is not the tenant;
2.6(2) the lease or tenancy was the result of an arm's-length transaction; and
2.7(3) the lease or tenancy requires the receipt of rent that is not substantially less than
2.8fair market rent for the property or the unit's rent is reduced or subsidized by a federal,
2.9state, or local subsidy.
2.10(c) For any eviction action commenced on or before December 31, 2012, in the case
2.11of a tenancy subject to section 8 of the United States Housing Act of 1937, as amended,
2.12where the term of the lease extends more than 90 days beyond the date of the expiration
2.13of the time for redemption, the immediate successor in interest must allow the tenant to
2.14occupy the premises until the end of the remaining term of the lease and provide at least
2.1590 days' written notice to vacate, effective no sooner than the date the lease expires,
2.16provided that the tenant pays the rent and abides by all terms of the lease, except if
2.17the immediate successor in interest will occupy the unit as the primary residence, the
2.18immediate successor in interest must provide at least 90 days' written notice to vacate,
2.19given no sooner than the date of the expiration of the time for redemption, effective no
2.20sooner than 90 days after the date of the expiration of the time for redemption, provided
2.21that the tenant pays the rent and abides by all terms of the lease.
