Minn. Stat. Sec. 504B.161 imposes non-waivable covenants that the premises are fit for the intended use, kept in reasonable repair, and in compliance with health and safety laws, plus minimum 68-degree heat from October 1 to April 30. Tenants can enforce these through a rent escrow action (Sec. 504B.385) or a tenant remedies action (Sec. 504B.395).
Under Minn. Stat. Sec. 504B.161, subd. 1, the landlord covenants that 'the premises and all common areas are fit for the use intended by the parties,' will be kept 'in reasonable repair during the term of the lease,' will be maintained in compliance 'with the applicable health and safety laws,' and will be made reasonably energy efficient. The landlord must also supply heat 'at a minimum temperature of 68 degrees Fahrenheit' in habitable areas from October 1 through April 30. These covenants cannot be waived: 'The parties to a lease or license of residential premises may not waive or modify the covenants imposed by this section.' Remedies include depositing rent with the court under the rent escrow statute (Sec. 504B.385) or bringing a tenant remedies action (Sec. 504B.395) for repairs, rent abatement, and fines.
Through rent escrow (Sec. 504B.385) or a tenant remedies action (Sec. 504B.395), a court may order repairs, retroactive rent abatement, release of escrowed rent to fix violations, ongoing court deposits, and fines under Sec. 504B.391; covenants cannot be waived by lease.
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