HF4834

Purpose

• To ensure tenants can participate in class action lawsuits without their lease terms blocking them, and to establish clear consequences for landlords who try to waive this right.

Main Provisions

• Prohibits class action waivers in residential leases: A residential lease shall not restrict a tenant’s ability to participate in a class action.
• Non-waivable right: The requirements of this section cannot be waived or modified by the parties to a residential lease.
• Void provisions: Any oral or written lease provision or other agreement that waives this section is void and contrary to public policy.
• Remedies and damages: If a landlord violates this section, the tenant may recover from the landlord treble actual and consequential damages or $1,000 (whichever is greater) and reasonable attorney fees.

Significant Changes to Existing Law

• Adds a new prohibition within Minnesota Statutes chapter 504B (specifically 504B.213) that prevents landlords from enforcing or creating lease terms that block a tenant’s participation in class actions.
• Establishes civil remedies for violations, including treble damages, consequential damages, and attorney fees, making noncompliant lease provisions void as against public policy.

Implications

• Strengthens tenant rights by preventing lease clauses that deter participation in group legal actions.
• Creates a clear enforcement pathway and financial deterrents for landlords who attempt to restrict class action participation.

Relevant Terms class action; waiver; residential lease; landlord; tenant; public policy; treble damages; actual damages; consequential damages; attorney fees; Minnesota Statutes chapter 504B.213; civil remedies; prohibition.