Prorating requirements for the final month of rent clarification
Summary
SF 2266 amends Minnesota’s landlord-tenant law to clarify how rent must be prorated when a residential lease ends before the last day of the final month. Under the bill, if a lease terminates mid-month, the tenant must be charged only for the actual days of occupancy in that final month, calculated using the average daily rate for that calendar month. The bill expressly applies this rule to all leases, including leases that require the last month’s rent to be paid in advance.
The bill also makes any attempt to waive these prorating requirements void and unenforceable, whether by lease language or other agreement. In effect, it standardizes final-month rent calculations and prevents landlords from contractually avoiding prorated refunds or charges when a lease ends before month-end.
Impact
This bill would amend Minnesota Statutes section 504B.116, strengthening and clarifying the state’s existing prorated-rent requirement for residential leases. It affects landlords, tenants, property managers, and lease drafters by requiring final-month rent to be based on the actual number of days in the month the lease expires, and by invalidating any waiver of that protection. The practical effect is to reduce disputes over move-out charges and ensure tenants are not charged for days after their occupancy ends.
Sentiment
The available record shows a neutral-to-supportive posture toward the bill, with no committee testimony or recorded votes included in the materials provided. The bill’s caption and text suggest a technical consumer-protection clarification rather than a controversial policy change, and it was referred to the Judiciary and Public Safety Committee after introduction. Because no discussion transcript or vote history is available, there is no evidence of organized opposition or amendment debate in the provided record.
Contention
The main potential point of contention is the bill’s restriction on private contracting: it voids any waiver of prorated-rent rights, which could be viewed by landlords as limiting lease flexibility and by tenant advocates as necessary protection against overcharging. Another possible issue is the requirement that prorated rent be calculated using the actual number of calendar days in the month, which may require landlords to adjust billing systems and lease forms. No specific objections or supporters are identified in the provided materials.
Adds a provision that allows a tenant to pay the last month's rent or any other prepaid rent. It also increases the amount that a security deposit can be requested from one to two (2) months of rent.