i. Prorated rent

Prorated rent 2021, 1st Special Session HF4/SF16 Chapter 8, Article 2, Section 11 Housing bill Effective: September 1, 2021

Short description Prohibits the tenant from being charged more than the prorated amount of rent for the last month of rent if the lease requires the tenant to move out before the last day of the month.

Summary If a tenant’s lease ends on a date that is prior to the end of the month, the landlord must prorate the rent for only the days then tenant is living in the setting. If rent is prepaid for the month and a tenant moves out prior to the end of the month, the landlord must reimburse the tenant for the days after they have moved out. A landlord must calculate prorated days based on the actual number of days for the said month of lease termination.

Implications Landlords will be held responsible for calculating prorated days accurately and may be held accountable for reimbursing any tenant if necessary.

Bill language https://www.revisor.mn.gov/laws/2021/1/Session+Law/Chapter/8/

Sec. 11. [504B.116] PRORATED RENT REQUIRED. (a) When a lease term for a residential unit ends on a date before the last day of the final month, the amount of rent to be paid for the final month owed for the final month of rent must be prorated at the average daily rate for that month so that the tenant only pays for the actual number of days that occupancy is allowed. This provision applies to all leases, including leases requiring the last month of rent to be paid in advance. Any attempted waiver of this section by a landlord and tenant, by contract or otherwise, shall be void and unenforceable.

(b) For purposes of this section, prorated rent must be calculated using the actual number of calendar days for the calendar month in which the lease expires. EFFECTIVE DATE. This section is effective September 1, 2021, and applies to leases entered into on or after that date.