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Landlord- Tenant Handbook: Other Important Laws http: / /www. tenant. net /Other Areas/Minnesota/hb4.html made a good faith effort to do so. • 3. The cutoff was necessary to repair or correct equipment or to protect the health and safety of the tenants. Minn. Stat. 6504.26 (1992). Tenants, finding their utility service cut off, should notify the landlord immediately. Minn. Stat. §504.185, subd. 2 (1994 If service is not restored within a reasonable time, they should notify a housing inspector (if there is one available). A tenant may bring an emergency action in court if the landlord unlawfully cuts off utilities. Minn. Stat. §566.205 (1992). Loss of Essential Services When a landlord has contracted to pay for utilities but fails to pay and the utility company gives notice that services will be cut off, or if the utilities are shut off, the tenant or a group of tenants may pay to have the services continued or reconnected and may deduct that payment from their rent. But the tenant(s) must follow certain steps. (s ) P The tenant must notify the landlord either orally or in writing of the tenant's intention to pay the utility if, after 48 hours, the landlord fails to pay. Under certain circumstances, the notice period can be shorter. For example, if the furnace stops in the middle of winter because of lack of fuel that the landlord was supposed to provide, less than a 48 hour notice should be considered reasonable. The law states that if the landlord is notified orally, written notice must be mailed or delivered to the landlord within 24 hours after the oral notice. Minn. Stat. §504.185, subd. 2 (1992). If the landlord has not paid the natural gas, electricity, or water utility, and the service remains disconnected, the tenant may pay the amount due for the most recent billing period. Minn. Stat. 4504.185. subd. (2)(a) (1992). If the disconnected service is heating oil or propane, and the service has not been reconnected, the tenant may order and pay for a one -month supply. Minn. Stat. §504.185, subd. (2)(b) (1992). If this problem occurs the tenant should obtain receipts, give them to the landlord and keep copies for the tenant's records. After providing receipts to the landlord, the tenant may deduct from the next rental payment the amount paid to restore these utility services. By law, any payments made to a utility provider in this manner must be considered the same as rent paid to the landlord. Minn. Stat. 4504.185 (1992). Utilities include natural gas, water, electricity, home heating oil and propane. Minn. Stat. §504.185 (1992). This law applies to all utility providers, including municipalities and cooperatives that in most cases are not regulated by the Minnesota Public Utilities Commission. Minn. R. 7800.1600, subp. (6)(a) (1993) This utility cannot collect payment from the tenant of the landlord's old bills. Also, the utility may not refuse service to a tenant due to the landlord's failure to pay old bills. Minn. R. 7820.1400 (1993). 24. COLD WEATHER RULE Regulated Utilities The Minnesota Public Utilities Commission developed the Cold Weather Rule to protect a tenant (or homeowner) from having their heat source disconnected in winter if they are unable to pay their utility bills. The rule is in effect from October 15 through April 15 and applies to utilities regulated by the state. Minn. R. 7820.1500 (1993). The Cold Weather Rule does not prohibit shut -offs but does provide three levels of protection: 1) Inability to Pay status, Minn. R. 7820.1900 (1993); 2) Ten Percent Plan, Minn. R. 7820.1600, subp. (5)(a); Minn. R. 7820.1900 (1993); and 3) Payment Schedule, Minn. R. 7820.1600, subp. 4; Minn. R. 7820.2100 (1993). In order to qualify for Inability to Pay status or the Ten Percent Plan a 5 of 9 10/31/99 7:37 PM