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Vacate notice waived, if young, single adult dies

After Cheryl Petrich’s 22-year-old son died in 2011, she took responsibility for collecting his belongings and cleaned his apartment before the end of the month.

But when she asked for his damage deposit, the leasing agent informed her that not only was she not going to be receiving the damage deposit, but she may owe another month’s rent because state law requires a 60-day written notice to vacate. The lease was solely in her son’s name.

“The statute is not family-friendly. When you’re already grieving, you don’t need to then put up with this. It almost feels like they’re just being mean,” Petrich, of Coon Rapids, told the House Housing Finance and Policy Committee on Monday. “It’s not about the money; it’s about the fact that you’re getting kicked when you’re down.”

The committee approved a bill sponsored by Rep. Jim Abeler(R-Anoka) that would grant parents the right to cancel housing leases when their unmarried child, under age 26 and who lived alone, dies. HF565 would also waive the 60-day notice period.

Abeler said he picked 26 as the maximum age because that’s when young adults are required to leave their parents’ insurance plans, but that he’s open to other age caps.

The landlord would not be obligated to return rent payments, but must return the damage deposit if the residence has been cleared and returned to its previous condition.

The bill, which does not have a Senate companion, was referred to the House Civil Law Committee.


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