(a) A landlord of a residential building may not charge a late fee if the rent is paid after the due date, unless the tenant and landlord have agreed in writing that a late fee may be imposed. The agreement must specify when the late fee will be imposed. In no case may the late fee exceed eight percent of the overdue rent payment. Any late fee charged or collected is not considered to be either interest or liquidated damages. For purposes of this paragraph, the "due date" does not include a date, earlier than the date contained in the written or oral lease by which, if the rent is paid, the tenant earns a discount.
(b) Notwithstanding paragraph (a), if a federal statute, regulation, or handbook permitting late fees for a tenancy subsidized under a federal program conflicts with paragraph (a), then the landlord may publish and implement a late payment fee schedule that complies with the federal statute, regulation, or handbook.
(c) A late fee charged by a landlord who has entered into a housing assistance payments contract with the federal, state, or local government must be calculated and assessed only on the portion of rent payable by the tenant. For the purposes of this paragraph, "housing assistance payments contract" means programs described in United States Code, title 42, sections 1437f and 1485, as well as other programs under which the landlord contracts to receive rent from the tenant and also to receive payment from the government.
Notes of Decisions
Hous. & Redevelopment Auth. of Duluth v. Brian Lee, 852 N.W.2d 683 (Minn. 2014).
· cites it 87× “Lee argued that the late fees were invalid and unenforceable under Minn.Stat. § 504B.177 (2010), which generally places a limitation, or cap, *686 on late fees for residential housing tenants at eight percent of the overdue rent payment.”
Hous. & Redevelopment Auth. of Duluth v. Lee, 832 N.W.2d 868 (Minn. Ct. App. 2013).
· cites it 51× “177 prohibits landlords from imposing late fees exceeding eight percent of the overdue amount, paragraph (b) states: Notwithstanding paragraph (a), if a federal statute, regulation, or handbook permitting late fees for a tenancy subsidized under a federal program conflicts with…”
Michael A. Knight v. Sean K. McGinity, 868 N.W.2d 298 (Minn. Ct. App. 2015).
· cites it 6× “The district court noted that any late fees owed to Knight would be limited to 8% of the rent amount under Minn.Stat. § 504B.177. But Minn. Stat. § 504B.”
Op. Atty. Gen. 430 (Minn. Att'y Gen. 2021).
· cites it 18× “Minn. Stat. § 504B.177 430 June 30, 2021 VIA EMAIL: bengblom@duluthhousing.”
Jeff Persigehl & Samone Bodley, individually & on behalf of the putative classes, (A14-0027), (A14-0123) v. Ridgebrook Investments Ltd. P'ship, (A14-0027), (A14-0123), MNS Investors, LLP d/b/a Bar-Ett Inv. Co., (A14-0027), (A14-0123), Am. Util. Mgmt., Inc., (A14-0027), (A14-0123). (Minn. Ct. App. 2015).
· cites it 2× “Minn. Stat. § 504B.177(a) (2014). The legislature has also regulated the use of applicant-screening fees.”
— Minn. Stat. § 504B.177(a) — 5 cases
Hous. & Redevelopment Auth. of Duluth v. Brian Lee, 852 N.W.2d 683 (Minn. 2014).
“Lee argued that the late fees were invalid and unenforceable under Minn.Stat. § 504B.177 (2010), which generally places a limitation, or cap, *686 on late fees for residential housing tenants at eight percent of the overdue rent payment.”
Hous. & Redevelopment Auth. of Duluth v. Lee, 832 N.W.2d 868 (Minn. Ct. App. 2013).
“177 prohibits landlords from imposing late fees exceeding eight percent of the overdue amount, paragraph (b) states: Notwithstanding paragraph (a), if a federal statute, regulation, or handbook permitting late fees for a tenancy subsidized under a federal program conflicts with…”
Op. Atty. Gen. 430 (Minn. Att'y Gen. 2021).
“Minn. Stat. § 504B.177 430 June 30, 2021 VIA EMAIL: bengblom@duluthhousing.”
Jeff Persigehl & Samone Bodley, individually & on behalf of the putative classes, (A14-0027), (A14-0123) v. Ridgebrook Investments Ltd. P'ship, (A14-0027), (A14-0123), MNS Investors, LLP d/b/a Bar-Ett Inv. Co., (A14-0027), (A14-0123), Am. Util. Mgmt., Inc., (A14-0027), (A14-0123). (Minn. Ct. App. 2015).
“Minn. Stat. § 504B.177(a) (2014). The legislature has also regulated the use of applicant-screening fees.”
— Minn. Stat. § 504B.177(b) — 2 cases
Hous. & Redevelopment Auth. of Duluth v. Brian Lee, 852 N.W.2d 683 (Minn. 2014).
“Lee argued that the late fees were invalid and unenforceable under Minn.Stat. § 504B.177 (2010), which generally places a limitation, or cap, *686 on late fees for residential housing tenants at eight percent of the overdue rent payment.”
Hous. & Redevelopment Auth. of Duluth v. Lee, 832 N.W.2d 868 (Minn. Ct. App. 2013).
“177 prohibits landlords from imposing late fees exceeding eight percent of the overdue amount, paragraph (b) states: Notwithstanding paragraph (a), if a federal statute, regulation, or handbook permitting late fees for a tenancy subsidized under a federal program conflicts with…”
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