PROPERTY INTERESTS
AND LIENS
CHAPTER 504B
LANDLORD AND TENANT
Definitions.
Applicability. For the purposes of this chapter,
the terms defined in this section have the meanings given them.
Chap. 504B, 504B.001
Controlled substance.
"Controlled substance" means a drug, substance, or
immediate precursor in Schedules I through V of section 152.02.
The term does not include distilled spirits, wine, malt beverages,
intoxicating liquors, or tobacco. 504B.002
Distress for rent.
"Distress for rent" means the act of a landlord
seizing personal property of the tenant or other person to enforce
payment of rent. 504B.003
Evict or eviction.
"Evict" or "eviction" means a summary court
proceeding to remove a tenant or occupant from or otherwise recover
possession of real property by the process of law set out in this
chapter. 504B.004
Housing-related neighborhood organization.
"Housing-related neighborhood organization" means a
nonprofit corporation incorporated under chapter 317A that:
(1) designates in its articles of incorporation or bylaws a
specific geographic community to which its activities are limited;
and
(2) is formed for the purposes of promoting community safety,
crime prevention, and housing quality in a nondiscriminatory manner.
For purposes of this chapter, an action taken by a neighborhood
organization with the written permission of a residential tenant
means, with respect to a building with multiple dwelling units, an
action taken by the neighborhood organization with the written
permission of the residential tenants of a majority of the occupied
units. 504B.005
Inspector.
"Inspector" means the person charged by the governing
body of the political subdivision in which a residential building is
situated, with the responsibility of enforcing provisions of local
law, the breach of which could constitute a violation as defined in
subdivision 14, clause (1). If there is no such person,
"inspector" means the county agent of a board of health as
authorized under section 145A.04 or the chair of the board of county
commissioners, and in the case of a manufactured home park, the
state department of health or its designee. 504B.006
Landlord.
"Landlord" means an owner of real property, a contract
for deed vendee, receiver, executor, trustee, lessee, agent, or
other person directly or indirectly in control of rental property.
504B.007
Lease.
"Lease" means an oral or written agreement creating a
tenancy in real property. 504B.008
License.
"License" means a personal privilege to do a
particular act or series of acts on real property without possessing
any estate or interest in real property. It may be created in
writing or orally. 504B.009
Person.
"Person" means a natural person, corporation, limited
liability company, partnership, joint enterprise, or unincorporated
association. 504B.010
Residential building.
"Residential building" means:
(1) a building used in whole or in part as a dwelling,
including single-family homes, multiple-family units such as
apartments, and structures containing both dwelling units and units
used for nondwelling purposes, and includes a manufactured home
park; or
(2) an unoccupied building which was previously used in whole
or in part as a dwelling and which constitutes a nuisance under
section 561.01. 504B.011
Residential tenant.
"Residential tenant" means a person who is occupying a
dwelling in a residential building under a lease or contract,
whether oral or written, that requires the payment of money or
exchange of services, all other regular occupants of that dwelling
unit, or a resident of a manufactured home park. 504B.012
Tenancy at will.
"Tenancy at will" means a tenancy in which the tenant
holds possession by permission of the landlord but without a fixed
ending date. 504B.013
Violation.
"Violation" means:
(1) a violation of any state, county or city health, safety,
housing, building, fire prevention, or housing maintenance code
applicable to the building;
(2) a violation of any of the covenants set forth in section
504B.161, subdivision 1, clause (1) or (2), or in section 504B.171,
subdivision 1; or
(3) a violation of an oral or written agreement, lease, or
contract for the rental of a dwelling in a building. 504B.014
Writ of recovery of premises and order to vacate.
"Writ of recovery of premises and order to vacate"
means the writ set out in section 504B.361. 504B.015
Distress for rent.
The remedy of distress for rent is abolished. Chap. 504B,
504B.101
Written lease required; penalty.
A landlord of a residential building with 12 or more residential
units must have a written lease for each unit rented to a
residential tenant. Notwithstanding any other state law or
city ordinance to the contrary, a landlord may ask for the tenant's
full name and date of birth on the lease and application. A
landlord who fails to provide a lease, as required under this
section, is guilty of a petty misdemeanor. Chap. 504B,
504B.111
Tenant to be given copy of lease.
Copy of written lease to tenant. Where there is a written lease,
a landlord must give a copy to a tenant occupying a dwelling unit
whose signature appears on the lease agreement. The landlord
may obtain a signed and dated receipt, either as a separate document
or an acknowledgment included in the lease agreement itself, from
the tenant acknowledging that the tenant has received a copy of the
lease. This signed receipt or acknowledgment is prima facie evidence
that the tenant has received a copy of the lease.
Subd. 2. Legal action to enforce lease.
In any legal action to enforce a written lease, except for
nonpayment of rent, disturbing the peace, malicious destruction of
property, or a violation of section 504B.171, it is a defense for
the tenant to prove that the landlord failed to comply with
subdivision 1. This defense may be overcome if the landlord
proves that the tenant had actual knowledge of the term or terms of
the lease upon which any legal action is based. 504B.115
Tenant may not deny title; exception.
A tenant in possession of real property under a lawful lease may
not deny the landlord's title in an action brought by the landlord
to recover possession of the property. This prohibition does
not apply to a tenant who, prior to entering into the lease,
possessed the property under a claim of title that was adverse or
hostile to that of the landlord. 504B.121
Person in possession liable for rent; evidence.
Every person in possession of land out of which any rent is due,
whether it was originally demised in fee, or for any other estate of
freehold or for any term of years, shall be liable for the amount or
proportion of rent due from the land in possession, although it be
only a part of the land originally demised. Such rent may be
recovered in a civil action, and the deed, demise, or other
instrument showing the provisions of the lease may be used in
evidence by either party to prove the amount due from the defendant.
Nothing herein contained shall deprive landlords of any other legal
remedy for the recovery of rent, whether secured to them by their
leases or provided by law. 504B.125
Rent liability; uninhabitable buildings.
A tenant or occupant of a building that is destroyed or becomes
uninhabitable or unfit for occupancy through no fault or neglect of
the tenant or occupant may vacate and surrender such a building.
A tenant or occupant may expressly agree otherwise except as
prohibited by section 504B.161. 504B.131
Terminating tenancy at will.
(a) A tenancy at will may be terminated by either party by
giving notice in writing. The time of the notice must be at
least as long as the interval between the time rent is due or three
months, whichever is less.
(b) If a tenant neglects or refuses to pay rent due on a
tenancy at will, the landlord may terminate the tenancy by giving
the tenant 14 days notice to quit in writing. 504B.135
Urban real estate; holding over.
When a tenant of urban real estate, or any interest therein,
holds over and retains possession after expiration of the lease
without the landlord's express agreement, no tenancy for any period
other than the shortest interval between the times of payment of
rent under the terms of the expired lease shall be implied.
504B.141
Restriction on automatic renewals of leases.
Notwithstanding the provisions of any residential lease, in
order to enforce any automatic renewal clause of a lease of an
original term of two months or more which states, in effect, that
the term shall be deemed renewed for a specified additional period
of time of two months or more unless the tenant gives notice to the
landlord of an intention to quit the premises at the expiration of
the term due to expire, the landlord must give notice to the tenant
as provided in this section. The notice must be in writing and
direct the tenant's attention to the automatic renewal provision of
the lease. The notice must be served personally or mailed by
certified mail at least 15 days, but not more than 30 days prior to
the time that the tenant is required to furnish notice of an
intention to quit. 504B.145
Restriction on residential lease terms for buildings in
financial distress.
Once a landlord has received notice of a contract for deed
cancellation under section 559.21 or notice of a mortgage
foreclosure sale under chapter 580 or 582, the landlord may enter
into a periodic residential lease agreement with a term of
two months or less or a fixed term residential tenancy not
extending beyond the cancellation period or the landlord's period of
redemption until:
(1) the contract for deed has been reinstated or paid in full;
(2) the mortgage default has been cured and the mortgage
reinstated;
(3) the mortgage has been satisfied;
(4) the property has been redeemed from a foreclosure sale;
or
(5) a receiver has been appointed.
This section does not apply to a manufactured home park as
defined in section 327C.01, subdivision 5. 504B.151
Tenant must give cold weather notice before vacation of
building.
Except upon the termination of the tenancy, a tenant who,
between November 15 and April 15, removes from, abandons, or vacates
a building or any part thereof that contains plumbing, water, steam,
or other pipes liable to injury from freezing, without first giving
to the landlord three days' notice of intention so to remove is
guilty of a misdemeanor. 504B.155
Covenants of landlord or licensor.
Requirements.
In every lease or license of residential premises, the landlord
or licensor
covenants:
(1) that the premises and all common areas are fit for the
use intended by the parties;
(2) to keep the premises in reasonable repair during the term
of the lease or license, except when the disrepair has been caused
by the willful, malicious, or irresponsible conduct of the tenant or
licensee or a person under the direction or control of the tenant or
licensee; and
(3) to maintain the premises in compliance with the
applicable health and safety laws of the state, including the
weatherstripping, caulking, storm window, and storm door energy
efficiency standards for renter-occupied residences prescribed by
section 216C.27, subdivisions 1 and 3, and of the local units of
government where the premises are located during the term of the
lease or license, except when violation of the health and safety
laws has been caused by the willful, malicious, or irresponsible
conduct of the tenant or licensee or a person under the direction or
control of the tenant or licensee. The parties to a lease or
license of residential premises may not waive or modify the
covenants imposed by this section. 504B.161
Subd. 2. Tenant maintenance.
The landlord or licensor may agree with the tenant or licensee
that the tenant or licensee is to perform specified repairs or
maintenance, but only if the agreement is supported by adequate
consideration and set forth in a conspicuous writing. No such
agreement, however, may waive the provisions of subdivision 1 or
relieve the landlord or licensor of the duty to maintain common
areas of the premises.
Subd. 3. Liberal construction.
This section shall be liberally construed, and the opportunity
to inspect the premises before concluding a lease or license shall
not defeat the covenants established in this section.
Subd. 4. Covenants are in addition.
The covenants contained in this section are in addition to any
covenants or conditions imposed by law or ordinance or by the terms
of the lease or license.
Subd. 5. Injury to third parties.
Nothing in this section shall be construed to alter the
liability of the landlord or licensor of residential premises for
injury to third parties.
Subd. 6. Application.
The provisions of this section apply only to leases or licenses
of residential premises concluded or renewed on or after June 15,
1971. For the purposes of this section, estates at will shall
be deemed to be renewed at the commencement of each rental period.
Chap. 504B
Unlawful destruction; damages.
(a) An action may be brought for willful and malicious
destruction of leased residential rental property. The
prevailing party may recover actual damages, costs, and reasonable
attorney fees, as well as other equitable relief as determined by
the court.
(b) The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to landlords
and tenants. Any provision, whether oral or written, of any
lease or other agreement, whereby any provision of this section is
waived by a tenant, is contrary to public policy and void.
Chap. 504B- 504B.165
Covenant of landlord and tenant not to allow unlawful
activities.
Subdivision 1. Terms of covenant.
In every lease or license of residential premises, whether in
writing or parol, the landlord or licensor and the tenant or
licensee covenant that:
(1) neither will:
(i) unlawfully allow controlled substances in those premises
or in the common area and curtilage of the premises;
(ii) allow prostitution or prostitution-related activity as
defined in section 617.80, subdivision 4, to occur on the premises
or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in
violation of section 609.66, subdivision 1a, 609.67, or 624.713, on
the premises or in the common area and curtilage of the premises; or
(iv) allow stolen property or property obtained by robbery in
those premises or in the common area and curtilage of the premises;
and
(2) the common area and curtilage of the premises will not be
used by either the landlord or licensor or the tenant or licensee or
others acting under the control of either to manufacture, sell, give
away, barter, deliver, exchange, distribute, purchase, or possess a
controlled substance in violation of any criminal provision of
chapter 152. The covenant is not violated when a person other
than the landlord or licensor or the tenant or licensee possesses or
allows controlled substances in the premises, common area, or
curtilage, unless the landlord or licensor or the tenant or licensee
knew or had reason to know of that activity.
Subd. 2. Breach voids right to possession.
A breach of the covenant created by subdivision 1 voids the
tenant's or licensee's right to possession of the residential
premises. All other provisions of the lease or license,
including but not limited to the obligation to pay rent, remain in
effect until the lease is terminated by the terms of the lease or
operation of law. If the tenant or licensee breaches the
covenant created by subdivision 1, the landlord may bring, or assign
to the county attorney of the county in which the residential
premises are located, the right to bring an eviction action against
the tenant or licensee. The assignment must be in writing on a form
provided by the county attorney, and the county attorney may
determine whether to accept the assignment. If the county
attorney accepts the assignment of the landlord's right to bring an
eviction action:
(1) any court filing fee that would otherwise be required in
an eviction action is waived; and
(2) the landlord retains all the rights and duties, including
removal of the tenant's or licensee's personal property, following
issuance of the writ of recovery of premises and order to vacate and
delivery of the writ to the sheriff forexecution.
Subd. 3. Waiver not allowed.
The parties to a lease or license of residential premises may
not waive or modify the covenant imposed by this section.
Chap. 504B - 504B.171
Applicant screening fee.
Subdivision 1. Limit on number of applicant screening fees.
A landlord or the landlord's agent may not charge an applicant a
screening fee when the landlord knows or should have known that no
rental unit is available at that time or will be available within a
reasonable future time.
Subd. 2. Return of applicant screening fee.
If the landlord or the landlord's agent does not perform a
personal reference check or does not obtain a consumer credit report
or tenant screening report, the landlord or the landlord's agent
shall return any amount of the screening fee that is not used for
those purposes. The screening fee may be returned by mail, may
be destroyed upon the applicant's request if paid by check, or may
be made available for the applicant to retrieve.
Subd. 3. Disclosures to applicant.
A landlord or the landlord's agent, prior to taking an
application fee from a prospective tenant, must disclose on the
application form or orally the name, address, and telephone number
of the tenant screening service the owner will use, unless the owner
does not use a tenant screening service.
Subd. 4. Remedies.
In addition to any other remedies, a landlord who violates this
section is liable to the applicant for the application fee plus a
civil penalty of up to $100, civil court filing costs, and
reasonable attorney fees incurred to enforce this remedy.
Chap. 504B -504B.173
Prelease deposit.
Subdivision 1. Definition.
For the purpose of this section, "prelease deposit"
means payment given to a landlord from a prospective tenant of a
residential dwelling unit before the prospective tenant and the
landlord have entered into a rental agreement. "Prelease
deposit" does not include the payment of a reasonable applicant
screening fee used to conduct a background check on the prospective
tenant.
Subd. 2. Limitations.
(a) A prelease deposit may be accepted only if the landlord and
prospective tenant enter into a conspicuous written agreement that
includes:
(1) the circumstances under which it will be returned; and
(2) that the landlord is required to return the prelease
deposit within seven days of the occurrence of a circumstance
described in clause (1).
(b) "Return" means postmarked within seven days
except that upon the prospective tenant's request, a landlord may
destroy the payment or hold it for retrieval by the tenant instead
of returning it by mail.
Subd. 3.
Application on entry into rental agreement. If a prospective
tenant and landlord do enter into a rental agreement, the prelease
deposit must be applied to that tenant's security deposit or rent.
Subd. 4. Remedies.
In addition to any other remedies, a landlord who violates this
section is liable to the payor of the prelease deposit for the
amount of the deposit paid, plus one-half of that amount as a
penalty. A landlord who enters into a rental agreement with a
tenant is not liable under this section unless the landlord failed
to comply with subdivision 3. Chap. 504B- 504B.175
Interest on security deposits; withholding security
deposits; damages; limit on withholding last month's rent.
Subdivision 1. Applicability.
Any deposit of money, the function of which is to secure the
performance of a residential rental agreement or any part of such an
agreement, other than a deposit which is exclusively an advance
payment of rent, shall be governed by the provisions of this
section.
Subd. 2. Interest.
Any deposit of money shall not be considered received in a
fiduciary capacity within the meaning of section 82.17, subdivision
7, but shall be held by the landlord for the tenant who is party to
the agreement and shall bear simple noncompounded interest at the
rate of three percent per annum until May 1, 2004, and four percent
per annum thereafter, computed from the first day of the next month
following the full payment of the deposit to the last day of the
month in which the landlord, in good faith, complies with the
requirements of subdivision 3 or to the date upon which judgment is
entered in any civil action involving the landlord's liability for
the deposit, whichever date is earlier. Any interest amount
less than $1 shall be excluded from the provisions of this section.
Subd. 3. Return of security deposit.
(a) Every landlord shall:
(1) within three weeks after termination of the tenancy; or
(2) within five days of the date when the tenant leaves the
building or dwelling due to the legal condemnation of the building
or dwelling in which the tenant lives for reasons not due to
willful, malicious, or irresponsible conduct of the tenant,and after
receipt of the tenant's mailing address or delivery instructions,
return the deposit to the tenant, with interest thereon as provided
in subdivision 2, or furnish to the tenant a written statement
showing the specific reason for the withholding of the deposit or
any portion thereof.
(b) It shall be sufficient compliance with the time
requirement of this subdivision if the deposit or written statement
required by this subdivision is placed in the United States mail as
first class mail, postage prepaid, in an envelope with a proper
return address, correctly addressed according to the mailing address
or delivery instructions furnished by the tenant, within the time
required by this subdivision. The landlord may withhold from
the deposit only amounts reasonably necessary:
(1) to remedy tenant defaults in the payment of rent or of
other funds due to the landlord pursuant to an agreement; or
(2) to restore the premises to their condition at the
commencement of the tenancy, ordinary wear and tear excepted.
(c) In any action concerning the deposit, the burden of
proving, by a fair preponderance of the evidence, the reason for
withholding all or any portion of the deposit shall be on the
landlord.
Subd. 4. Damages.
Any landlord who fails to:
(1) provide a written statement within three weeks of
termination of the tenancy;
(2) provide a written statement within five days of the date
when the tenant leaves the building or dwelling due to the legal
condemnation of the building or dwelling in which the tenant lives
for reasons not due to willful, malicious, or irresponsible conduct
of the tenant; or
(3) transfer or return a deposit as required by subdivision
5, after receipt of the tenant's mailing address or delivery
instructions, as required in subdivision 3, is liable to the tenant
for damages in an amount equal to the portion of the deposit
withheld by the landlord and interest thereon as provided in
subdivision 2, as a penalty, in addition to the portion of the
deposit wrongfully withheld by the landlord and interest thereon.
Subd. 5. Return of deposit.
Upon termination of the landlord's interest in the premises,
whether by sale, assignment, death, appointment of receiver or
otherwise, the landlord or the landlord's agent shall, within 60
days of termination of the interest or when the successor in
interest is required to return or otherwise account for the deposit
to the tenant, whichever occurs first, do one of the following acts,
either of which shall relieve the landlord or agent of further
liability with respect to such deposit:
(1) transfer the deposit, or any remainder after any lawful
deductions made under subdivision 3, with interest thereon as
provided in subdivision 2, to the landlord's successor in interest
and thereafter notify the tenant of the transfer and of the
transferee's name and address; or
(2) return the deposit, or any remainder after any lawful
deductions made under subdivision 3, with interest thereon as
provided in subdivision 2, to the tenant.
Subd. 6. Successor in interest.
Upon termination of the landlord's interest in the premises,
whether by sale, assignment, death, appointment of receiver or
otherwise, the landlord's successor in interest shall have all of
the rights and obligations of the landlord with respect to the
deposit, except that if tenant does not object to the stated amount
within 20 days after written notice to tenant of the amount of
deposit being transferred or assumed, the obligation of the
landlord's successor to return the deposit shall be limited to the
amount contained in the notice. The notice shall contain a
stamped envelope addressed to landlord's successor and may be given
by mail or by personal service.
Subd. 7. Bad faith retention.
The bad faith retention by a landlord of a deposit, the interest
thereon, or any portion thereof, in violation of this section shall
subject the landlord to punitive damages not to exceed $200 for each
deposit in addition to the damages provided in subdivision 4. If the
landlord has failed to comply with the provisions of subdivision 3
or 5, retention of a deposit shall be presumed to be in bad faith
unless the landlord returns the deposit within two weeks after the
commencement of any action for the recovery of the deposit.
Subd. 8. Withholding rent.
No tenant may withhold payment of all or any portion of rent for
the last payment period of a residential rental agreement, except an
oral or written month to month residential rental agreement
concerning which neither the tenant nor landlord has served a notice
to quit, on the grounds that the deposit should serve as payment for
the rent. Withholding all or any portion of rent for the last
payment period of the residential rental agreement creates a
rebuttable presumption that the tenant withheld the last payment on
the grounds that the deposit should serve as payment for the rent.
Any tenant who remains in violation of this subdivision after
written demand and notice of this subdivision shall be liable to the
landlord for the following:
(1) a penalty in an amount equal to the portion of the
deposit which the landlord is entitled to withhold under subdivision
3 other than to remedy the tenant's default in the payment of rent;
and
(2) interest on the whole deposit as provided in subdivision
2, in addition to the amount of rent withheld by the tenant in
violation of this subdivision.
Subd. 9. Action to recover deposit.
An action, including an action in conciliation court, for the
recovery of a deposit on rental property may be brought in the
county where the rental property is located, or at the option of the
tenant, in the county of the landlord's residence.
Subd. 10. Waiver.
Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable.
Subd. 11. Tenancies after July 1, 1973.
The provisions of this section shall apply only to tenancies
commencing or renewed on or after July 1, 1973. For the
purposes of this section, estates at will shall be deemed to be
renewed at the commencement of each rental period. Chap. 504B
-504B.178
Landlord or agent disclosure.
Subdivision 1. Disclosure to tenant.
There shall be disclosed to the residential tenant either in the
rental agreement or otherwise in writing prior to commencement of
the tenancy the name and address of:
(1) the person authorized to manage the premises; and
(2) the landlord of the premises or an agent authorized by
the landlord to accept service or process and receive and give
receipt for notices and demands.
Subd. 2. Posting of notice.
(a) A printed or typewritten notice containing the information
which must be disclosed under subdivision 1 shall be placed in a
conspicuous place on the premises. This subdivision is
complied with if notices posted in compliance with other statutes or
ordinances contain the information required by this section.
(b) Unless the landlord is required to post a notice by
section 471.9995, the landlord shall also place a notice in a
conspicuous place on the property that states that a copy of the
statement required by section 504B.275 is available from the
attorney general to any residential tenant upon request.
Subd. 3. Service of process.
If subdivisions 1 and 2 have not been complied with and a person
desiring to make service of process upon or give a notice or demand
to the landlord does not know the name and address of the landlord
or the landlord's agent, as that term is used in subdivision 1, then
a caretaker or manager of the premises or an individual to whom
rental payments for the premises are made shall be deemed to be an
agent authorized to accept service of process and receive and give
receipt for notices and demands on behalf of the landlord. In
case of service of process upon or receipt of notice or demand by a
person who is deemed to be an agent pursuant to this subdivision,
this person shall give the process, notice, or demand, or a copy
thereof, to the landlord personally or shall send it by certified
mail, return receipt requested, to the landlord at the landlord's
last known address.
Subd. 4. Information required for maintenance of action.
Except as otherwise provided in this subdivision, no action to
recover rent or possession of the premises shall be maintained
unless the information required by this section has been disclosed
to the tenant in the manner provided in this section, or unless the
information required by this section is known by or has been
disclosed to the tenant at least 30 days prior to the initiation of
such action. Failure by the landlord to post a notice required
by subdivision 2, or section 471.9995 shall not prevent any action
to recover rent or possession of the premises.
Subd. 5. Notice to landlord.
Any residential tenant who moves from or subleases the premises
without giving the landlord at least 30 days written notice shall
void any provision of this section as to that tenant.
Subd. 6. Successors.
This section extends to and is enforceable against any successor
landlord or individual to whom rental payments for the premises are
made. Chap. 504B -504B.181
Inspection; notice.
Subdivision 1. Who may request.
If requested by a residential tenant, a housing-related
neighborhood organization with the written permission of a
residential tenant, or, if a residential building is unoccupied, by
a housing-related neighborhood organization, an inspection shall be
made by the local authority charged with enforcing a code claimed to
be violated.
Subd. 2. Notice.
(a) After the local authority has inspected the residential
building under subdivision 1, the inspector shall inform the
landlord or the landlord's agent and the residential tenant or
housing-related neighborhood organization in writing of any code
violations discovered.
(b) A reasonable period of time must be allowed in which to
correct the violations. Chap. 504B -504B.185
Disclosure required for outstanding inspection and
condemnation orders.
Subdivision 1. Disclosure to tenant.
(a) Except as provided in subdivision 3, a landlord, agent, or
person acting under the landlord's direction or control shall
provide a copy of all outstanding inspection orders for which a
citation has been issued, pertaining to a rental unit or common
area, specifying code violations issued under section 504B.185, that
the housing inspector identifies as requiring notice because the
violations threaten the health or safety of the tenant, and all
outstanding condemnation orders and declarations that the premises
are unfit for human habitation to:
(1) a tenant, either by delivery or by United States mail,
postage prepaid, within 72 hours after issuance of the citation;
(2) a person before signing a lease or paying rent or a
security deposit to begin a new tenancy; and
(3) a person prior to obtaining new ownership of the property
subject to the order or declaration. The housing inspector
shall indicate on the inspection order whether the violation
threatens the health or safety of a tenant or prospective tenant.
(b) If an inspection order, for which a citation has been
issued, does not involve code violations that threaten the health or
safety of the tenants, the landlord, agent, or person acting under
the landlord's control shall post a summary of the inspection order
in a conspicuous place in each building affected by the inspection
order, along with a notice that the inspection order will be made
available by the landlord for review, upon a request of a tenant or
prospective tenant. The landlord shall provide a copy of the
inspection order for review by a tenant or a prospective tenant as
required under this subdivision.
Subd. 2. Penalty.
If the landlord, agent, or person acting under the landlord's
direction or control violates this section, the tenant is entitled
to remedies provided by section 8.31, subdivision 3a, and other
equitable relief as determined by the court.
Subd. 3. Exception.
A landlord, agent, or person acting under the landlord's
direction or control is not in violation of this section if:
(1) the landlord, agent, or person acting under the
landlord's direction or control has received only an initial order
to repair;
(2) the time allowed to complete the repairs, including any
extension of the deadline, has not yet expired, or less than 60 days
has elapsed since the expiration date of repair orders and any
extension or no citation has been issued; or
(3) the landlord, agent, or person acting under the
landlord's direction or control completes the repairs within the
time given to repair, including any extension of the deadline.
Subd. 4. Landlord's defense.
It is an affirmative defense in an action brought under this
section for the landlord, agent, or person acting under the
landlord's control to prove that disclosure was made as required
under subdivision 1.
Subd. 5. Remedies additional.
The remedies provided in this section are in addition to and
shall not limit other rights or remedies available to landlords and
tenants. Any provision, whether oral or written, of any lease
or other agreement, whereby any provision of this section is waived
by a tenant, is contrary to public policy and void. Chap. 504B
-504B.195
Action for rental of condemned residential premises.
(a) A landlord, agent, or person acting under the landlord's
direction or control may not accept rent or a security deposit for
residential rental property from a tenant after the leased premises
have been condemned or declared unfit for human habitation by the
applicable state or local authority, if the tenancy commenced after
the premises were condemned or declared unfit for human habitation.
If a landlord, agent, or a person acting under the landlord's
direction or control violates this section, the landlord is liable
to the tenant for actual damages and an amount equal to three times
the amount of all money collected from the tenant after date of
condemnation or declaration, plus costs and attorney fees.
(b) The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to landlords
and tenants. Any provision, whether oral or written, of any
lease or other agreement, whereby any provision of this section is
waived by a tenant, is contrary to public policy and void.
Chap. 504B -504B.204
Residential tenant's right to seek police and emergency
assistance.
Subdivision 1. Definitions.
In this section, "Domestic abuse" has the meaning
given in section 518B.01, subdivision 2.
Subd. 2. Emergency calls permitted.
(a) A landlord may not:
(1) bar or limit a residential tenant's right to call for
police or emergency assistance in response to domestic abuse or any
other conduct; or
(2) impose a penalty on a residential tenant for calling for
police or emergency assistance in response to domestic abuse or any
other conduct.
(b) A residential tenant may not waive and a landlord may not
require the residential tenant to waive the residential tenant's
right to call for police or emergency assistance.
Subd. 3. Local preemption.
This section preempts any inconsistent local ordinance or rule
including, without limitation, any ordinance or rule that:
(1) requires an eviction after a specified number of calls by
a residential tenant for police or emergency assistance in response
to domestic abuse or any other conduct; or
(2) provides that calls by a residential tenant for police or
emergency assistance in response to domestic abuse or any other
conduct may be used to penalize or charge a fee to a landlord.
This subdivision shall not otherwise preempt any local ordinance
or rule that penalizes a landlord for, or requires a landlord to
abate, conduct on the premises that constitutes a nuisance or other
disorderly conduct as defined by local
ordinance or rule.
Subd. 4. Residential tenant responsibility.
This section shall not be construed to condone or permit any
breach of a lease or of law by a residential tenant including, but
not limited to, disturbing the peace and quiet of other tenants,
damage to property, and disorderly conduct.
Subd. 5. Residential tenant remedies.
A residential tenant may bring a civil action for a violation of
this section and recover from the landlord $250 or actual damages,
whichever is greater, and reasonable attorney's fees.
Subd. 6. Attorney general authority.
The attorney general has authority under section 8.31 to
investigate and prosecute violations of this section. Chap.
504B - 504B.205
Residential tenant's right to privacy.
Subdivision 1. Definitions.
For purposes of this section, "landlord" has the
meaning defined in section 504B.001, subdivision 7, and also
includes the landlord's agent or other person acting under the
landlord's direction and control.
Subd. 2. Entry by landlord.
Except as provided in subdivision 5, a landlord may enter the
premises rented by a residential tenant only for a reasonable
business purpose and after making a good faith effort to give the
residential tenant reasonable notice under the circumstances of the
intent to enter. A residential tenant may not waive and the
landlord may not require the residential tenant to waive the
residential tenant's right to prior notice of entry under this
section as a condition of entering into or maintaining the lease.
Subd. 3. Reasonable purpose.
For purposes of subdivision 2, a reasonable business purpose
includes, but is not limited to:
(1) showing the unit to prospective residential tenants
during the notice period before the lease terminates or after the
current residential tenant has given notice to move to the landlord
or the landlord's agent;
(2) showing the unit to a prospective buyer or to an
insurance representative;
(3) performing maintenance work;
(4) allowing inspections by state, county, or city officials
charged in the enforcement of health, housing, building, fire
prevention, or housing maintenance codes;
(5) the residential tenant is causing a disturbance within
the unit;
(6) the landlord has a reasonable belief that the residential
tenant is violating the lease within the residential tenant's unit;
(7) prearranged housekeeping work in senior housing where 80
percent or more of the residential tenants are age 55 or older;
(8) the landlord has a reasonable belief that the unit is
being occupied by an individual without a legal right to occupy it;
or
(9) the residential tenant has vacated the unit.
Subd. 4. Exception to notice requirement.
Notwithstanding subdivision 2, a landlord may enter the premises
rented by a residential tenant to inspect or take appropriate action
without prior notice to the residential tenant if the landlord
reasonably suspects that:
(1) immediate entry is necessary to prevent injury to persons
or property because of conditions relating to maintenance, building
security, or law enforcement;
(2) immediate entry is necessary to determine a residential
tenant's safety; or
(3) immediate entry is necessary in order to comply with
local ordinances regarding unlawful activity occurring within the
residential tenant's premises.
Subd. 5. Entry without residential tenant's presence.
If the landlord enters when the residential tenant is not
present and prior notice has not been given, the landlord shall
disclose the entry by placing a written disclosure of the entry in a
conspicuous place in the premises.
Subd. 6. Penalty.
If a landlord substantially violates subdivision 2, the
residential tenant is entitled to a penalty which may include a rent
reduction up to full rescission of the lease, recovery of any damage
deposit less any amount retained under section 504B.178, and up to a
$100 civil penalty for each violation. If a landlord violates
subdivision 5, the residential tenant is entitled to up to a $100
civil penalty for each violation. A residential tenant shall
follow the procedures in section 504B.381, 504B.385, and 504B.395 to
504B.471 to enforce the provisions of this section.
Subd. 7. Exemption.
This section does not apply to residential tenants and landlords
of manufactured home parks as defined in section 327C.01.
Chap. 504B - 504B.211
Emergency conditions; loss of essential services.
Subdivision 1. Definitions.
For the purposes of this section, "single-metered
residential building" means a multiunit rental building with
one or more separate residential living units where the utility
service measured through a single meter provides service to an
individual unit and to all or parts of common areas or other units.
Subd. 2. Single-meter utility service payments.
In a residential leasehold contract entered into or renewed on
or after August 1, 1995, the landlord of a single-metered
residential building shall be the bill payer responsible, and shall
be the customer of record contracting with the utility for utility
services. The landlord must advise the utility provider that the
utility services apply to a single-metered residential building.
A failure by the landlord to comply with this subdivision is a
violation of sections 504B.161, subdivision 1, clause (1), and
504B.221. This subdivision may not be waived by contract or
otherwise. This subdivision does not require a landlord to
contract and pay for utility service provided to each residential
unit through a separate meter which accurately measures that unit's
use only. This subdivision does not prohibit a landlord from
apportioning utility service payments among residential units and
either including utility costs in a unit's rent or billing for
utility charges separate from rent.
Subd. 2a. Conditions of separate utility billing to tenant
in single-meter buildings.
If the landlord of a single-metered residential building bills
for utility charges separate from the rent, the following conditions
apply:
(1) prospective tenants must be provided notice of the total
utility cost for the building for each month of the most recent
calendar year; and
(2) an equitable method of apportionment and the frequency of
billing by the landlord must be predetermined and put in writing for
all leases. The lease must contain a provision that, upon a
tenant's request, a landlord must provide a copy of the actual
utility bill for the building along with each apportioned utility
bill. Upon a tenant's request, a landlord must also provide past
copies of actual utility bills for any period of the tenancy for
which the tenant received an apportioned utility bill. Past
copies of utility bills must be provided for the preceding two years
or from the time the current landlord acquired the building,
whichever is most recent.
The landlord of a single-metered residential building who
bills separately for utilities may, if the landlord and tenant
agree, provide tenants with a lease term of one year or more the
option to pay those bills under an annualized budget plan providing
for level monthly payments based on a good-faith estimate of the
annual bill.
By September 30 of each year, a landlord of a single-metered
residential building who bills for gas and electric utility charges
separate from rent shall inform tenants in writing of the possible
availability of energy assistance from the low income home energy
assistance program. The information must contain the toll-free
telephone number of the administering agency.
Subd. 3. Procedure.
(a) When a municipality, utility company, or other company
supplying home heating oil, propane, natural gas, electricity, or
water to a building has issued a final notice or has posted the
building proposing to disconnect or discontinue the service to the
building because a landlord who has contracted for the service has
failed to pay for it or because a landlord is required by law or
contract to pay for the service and fails to do so, a tenant or
group of tenants may pay to have the service continued or
reconnected as provided under this section. Before paying for
the service, the tenant or group of tenants shall give oral or
written notice to the landlord of the tenant's intention to pay
after 48 hours, or a shorter period that is reasonable under the
circumstances, if the landlord has not already paid for the service.
In the case of oral notification, written notice shall be mailed or
delivered to the landlord within 24 hours after oral notice is
given.
(b) In the case of natural gas, electricity, or water, if the
landlord has not yet paid the bill by the time of the tenant's
intended payment, or if the service remains discontinued, the tenant
or tenants may pay the outstanding bill for the most recent billing
period, if the utility company or municipality will restore the
service for at least one billing period.
(c) In the case of home heating oil or propane, if the
landlord has not yet paid the bill by the time of the tenant's
intended payment, or if the service remains discontinued, the tenant
or tenants may order and pay for one month's supply of the proper
grade and quality of oil or propane.
(d) After submitting receipts for the payment to the
landlord, a tenant may deduct the amount of the tenant's payment
from the rental payment next paid to the landlord. Any amount
paid to the municipality, utility company, or other company by a
tenant under this subdivision is considered payment of rent to the
landlord for purposes of section 504B.291.
Subd. 4. Limitations; waiver prohibited; rights as
additional.
The tenant rights under this section:
(1) do not extend to conditions caused by the willful,
malicious, or negligent conduct of the tenant or of a person under
the tenant's direction or control;
(2) may not be waived or modified; and
(3) are in addition to and do not limit other rights which
may be available to the tenant in law or equity, including the right
to damages and the right to restoration of possession of the
premises under section 504B.291. Chap. 504B - 504B.215
HIST: 1999 c 199 art 1 s 24; 2000 c 268 s 1,2
Unlawful termination of utilities.
(a) Except as otherwise provided in this section, if a landlord,
an agent, or other person acting under the landlord's direction or
control, interrupts or causes the interruption of electricity, heat,
gas, or water services to the tenant, the tenant may recover from
the landlord treble damages or $500, whichever is greater, and
reasonable attorney's fees. It is a defense to any action
brought under this section that the interruption was the result of
the deliberate or negligent act or omission of a tenant or anyone
acting under the direction or control of the tenant. The
tenant may recover only actual damages under this section if:
(1) the tenant has not given the landlord, an agent, or other
person acting under the landlord's direction or control, notice of
the interruption; or
(2) the landlord, an agent, or other person acting under the
landlord's direction or control, after receiving notice of the
interruption from the tenant and within a reasonable period of time
after the interruption, taking into account the nature of the
service interrupted and the effect of the interrupted service on the
health, welfare, and safety of the tenants, has reinstated or made a
good faith effort to reinstate the service or has taken other
remedial action; or
(3) the interruption was for the purpose of repairing or
correcting faulty or defective equipment or protecting the health
and safety of the occupants of the premises involved and the service
was reinstated or a good faith effort was made to reinstate the
service or other remedial action was taken by the landlord, an
agent, or other person acting under the landlord's direction or
control within a reasonable period of time, taking into account the
nature of the defect, the nature of the service interrupted, and the
effect of the interrupted service on the health, welfare, and safety
of the tenants.
(b) The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to landlords
and tenants. Any provision, whether oral or written, of any
lease or other agreement, whereby any provision of this section is
waived by a tenant, is contrary to public policy and void. The
provisions of this section also apply to occupants and owners of
residential real property which is the subject of a mortgage
foreclosure or contract for deed cancellation and as to which the
period for redemption or reinstatement of the contract has expired.
Chap. 504B - 504B.221
Intentional ouster and interruption of utilities;
misdemeanor.
A landlord, an agent, or person acting under the landlord's
direction or control who unlawfully and intentionally removes or
excludes a tenant from lands or tenements or intentionally
interrupts or causes the interruption of electrical, heat, gas, or
water services to the tenant with intent to unlawfully remove or
exclude the tenant from lands or tenements is guilty of a
misdemeanor. In any trial under this section, it shall be
presumed that the landlord, agent, or other person acting under the
landlord's direction or control interrupted or caused the
interruption of the service with intent to unlawfully remove or
exclude the tenant from lands or tenements, if it is established by
evidence that the landlord, an agent, or other person acting
under the landlord's direction or control intentionally
interrupted or caused the interruption of the service to the tenant.
The burden is upon the landlord to rebut the presumption.
The remedies provided in this section are in addition to and
shall not limit other rights or remedies available to landlords and
tenants. Any provision, whether oral or written, of any lease
or other agreement, whereby any provision of this section is waived
by a tenant, is contrary to public policy and void. The
provisions of this section also apply to occupants and owners of
residential real property which is the subject of a mortgage
foreclosure or contract for deed cancellation and as
to which the period for redemption or reinstatement of the
contract has expired. Chap. 504B - 504B.225
Damages for ouster.
(a) If a landlord, an agent, or other person acting under the
landlord's direction or control unlawfully and in bad faith removes,
excludes, or forcibly keeps out a tenant from residential premises,
the tenant may recover from the landlord treble damages or $500,
whichever is greater, and reasonable attorney's fees.
(b) The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to landlords
and tenants. Any provision, whether oral or written, of any
lease or other agreement, whereby any provision of this section is
waived by a tenant, is contrary to public policy and void. The
provisions of this section also apply to occupants and owners of
residential real property which is the subject of a mortgage
foreclosure or contract for deed cancellation and as to which the
period for redemption or reinstatement of the contract has expired.
Chap. 504B - 504B.231
Definitions.
Subdivision 1. Applicability.
The definitions in this section apply to sections 504B.235 to
504B.245.
Subd. 2. Proper identification.
"Proper identification" means information generally
considered sufficient to identify a person, including a Minnesota
driver's license, a Minnesota identification card, other forms of
identification provided by a unit of government, a notarized
statement of identity with a specimen signature of the person, or
other reasonable form of identification.
Subd. 3. Residential tenant report.
"Residential tenant report" means a written, oral, or
other communication by a residential tenant screening service that
includes information concerning an individual's creditworthiness,
credit standing, credit capacity, character, general reputation,
personal characteristics, or mode of living, and that is collected,
used, or expected to be used for the purpose of making decisions
relating to residential tenancies or residential tenancy
applications.
Subd. 4. Residential tenant screening service.
"Residential tenant screening service" means a person
or business regularly engaged in the practice of gathering, storing,
or disseminating information about tenants or assembling tenant
reports for monetary fees, dues, or on a cooperative nonprofit
basis. Chap. 504B - 504B.235
Residential tenant reports; disclosure and corrections.
Subdivision 1. Disclosures required.
(a) Upon request and proper identification, a residential tenant
screening service must disclose the following information to an
individual:
(1) the nature and substance of all information in its files
on the individual at the time of the request; and
(2) the sources of the information.
(b) A residential tenant screening service must make the
disclosures to an individual without charge if information in a
residential tenant report has been used within the past 30 days to
deny the rental or increase the security deposit or rent of a
residential housing unit to the individual. If the residential
tenant report has not been used to deny the rental or increase the
rent or security deposit of a residential housing unit within the
past 30 days, the residential tenant screening service may impose a
reasonable charge for making the disclosure required under this
section. The residential tenant screening service must notify
the residential tenant of the amount of the charge before furnishing
the information. The charge may not exceed the amount that the
residential tenant screening service would impose on each designated
recipient of a residential tenant report, except that no charge may
be made for notifying persons of the deletion of information which
is found to be inaccurate or which can no longer be verified.
(c) Files maintained on a residential tenant must be
disclosed promptly as established in paragraphs (1) to (4).
(1) A residential tenant file must be disclosed in person,
during normal business hours, at the location where the residential
tenant screening service maintains its files, if the residential
tenant appears in person and furnishes proper identification at that
time.
(2) A residential tenant file must be disclosed by mail, if
the residential tenant makes a written request with proper
identification for a copy of the information contained in the
residential tenant report and requests that the information be
sent to a specified address. A disclosure made under this
paragraph shall be deposited in the United States mail, postage
prepaid, within five business days after the written request for
disclosure is received by the residential tenant screening service.
A residential tenant screening service complying with a request for
disclosure under this paragraph shall not be liable for disclosures
to third parties caused by mishandling mail, provided that the
residential tenant file information is
mailed to the address specified by the residential tenant in the
request.
(3) A summary of the information in a residential tenant file
must be disclosed by telephone, if the residential tenant has made a
written request with proper identification for telephone disclosure.
(4) Information in a residential tenant's file required to be
disclosed in writing under this subdivision may be disclosed in any
other form including electronic means if authorized by the
residential tenant and available from the residential tenant
screening service.
Subd. 2. Corrections.
If the completeness or accuracy of an item of information
contained in an individual's file is disputed by the individual, the
residential tenant screening service must reinvestigate and record
the current status of the information. If the information is
found to be inaccurate or can no longer be verified, the residential
tenant screening service must delete the information from the
individual's file and residential tenant report. At the
request of the individual, the residential tenant screening service
must give notification of the deletions to persons who have received
the residential tenant report within the past six months.
Subd. 3. Explanations.
The residential tenant screening service must permit an
individual to explain any eviction report or any disputed item not
resolved by reinvestigation in a residential tenant report.
The explanation must be included in the residential tenant report.
The residential tenant screening service may limit the explanation
to no more than 100 words.
Subd. 4. Court file information.
If a residential tenant screening service includes information
from a court file on an individual in a residential tenant report,
the report must provide the full name and date of birth of the
individual in any case where the court file includes the
individual's full name and date of birth, and the outcome of the
court proceeding must be accurately recorded in the residential
tenant report including the specific basis of the court's decision,
when available. If a tenant screening service knows that a
court file has been expunged, the tenant screening service shall
delete any reference to that file in any data maintained or
disseminated by the screening service. Whenever the court
supplies information from a court file on an individual, in whatever
form, the court shall include the full name and date of birth of the
individual, if that is indicated on the court file or summary, and
information on the outcome of the court proceeding, including the
specific basis of the court's decision, coded as provided in
subdivision 5 for the type of action, when it becomes available.
The residential tenant screening service is not liable under section
504B.245 if the residential tenant screening service reports
complete and accurate information as provided by the court.
Subd. 5. Eviction action coding.
The court shall indicate on the court file or any summary of a
court file the specific basis of the court's decision in an eviction
action according to codes developed by the court that, at a minimum,
indicates if the basis of the court's decision is nonpayment of
rent, a violation of the covenants under section 504B.161 or
504B.171, other breach of a lease agreement, or a counterclaim for
possession of the premises under section 504B.385. Chap. 504B
-504B.241
Tenant report; remedies.
The remedies provided in section 8.31 apply to a violation of
section 504B.241. A residential tenant screening service or
landlord in compliance with the provisions of the Fair Credit
Reporting Act, United States Code, title 15, section 1681, et
seq., is considered to be in compliance with section 504B.241.
Chap. 504B - 504B.245
Recording of notice of cancellation of leases.
Where a lease has been duly recorded, the county recorder must
record a copy of the notice of cancellation or termination of the
lease that has been presented for recording by the landlord,
landlord's agent, or attorney. The notice must be accompanied
by proof of service and an affidavit of the landlord or the
landlord's agent or attorney stating that the tenant has not
complied with the terms of the notice. This notice is prima
facie evidence of the facts stated in it. Chap. 504B -
504B.251
Termination notice requirement for federally subsidized
housing.
The landlord of federally subsidized rental housing must give
residential tenants of federally subsidized rental housing a
one-year written notice under the following conditions:
(1) a federal section 8 contract will expire;
(2) the landlord will exercise the option to terminate or not
renew a federal section 8 contract and mortgage;
(3) the landlord will prepay a mortgage and the prepayment
will result in the termination of any federal use restrictions that
apply to the housing; or
(4) the landlord will terminate a housing subsidy program.
The notice shall be provided at the commencement of the lease if
the lease commences less than one year before any of the conditions
in clauses (1) to (4) apply. Chap. 504B -504B.255
Pets in subsidized handicapped accessible rental housing
units.
In a multiunit residential building, a tenant of a handicapped
accessible unit, in which the tenant or the unit receives a subsidy
that directly reduces or eliminates the tenant's rent
responsibility, must be allowed to have two birds or one spayed or
neutered dog or one spayed or neutered cat. A renter under
this section may not keep or have visits from an animal that
constitutes a threat to the health or safety of other individuals,
or causes a noise nuisance or noise disturbance to other renters.
The landlord may require the renter to pay an additional damage
deposit in an amount reasonable to cover damage likely to be caused
by the animal. The deposit is refundable at any time the renter
leaves the unit of housing to the extent it exceeds the amount of
damage actually caused by the animal. Chap 504B -504B.261
Termination of lease upon death of tenant.
Subdivision 1. Termination of lease.
Any party to a lease of residential premises other than a lease
at will may terminate the lease prior to its expiration date in the
manner provided in subdivision 2 upon the death of the tenant or, if
there is more than one tenant, upon the death of all tenants.
Subd. 2. Notice.
Either the landlord or the personal representative of the
tenant's estate may terminate the lease upon at least two months'
written notice, to be effective on the last day of a calendar month,
and hand delivered or mailed by postage prepaid, first class United
States mail, to the address of the other party. The landlord
may comply with the notice requirement of this subdivision by
delivering or mailing the notice to the premises formerly occupied
by the tenant. The termination of a lease under this section
shall not relieve the tenant's estate from liability either for the
payment of rent or other sums owed prior to or during the notice
period, or for the payment of amounts necessary to restore the
premises to their condition at the commencement of the tenancy,
ordinary wear and tear excepted.
Subd. 3. Waiver prohibited.
Any attempted waiver by a landlord and tenant or tenant's
personal representative, by contract or otherwise, of the right of
termination provided by this section, and any lease provision or
agreement requiring a longer notice period than that provided by
this section, shall be void and unenforceable; provided, however,
that the landlord and tenant or tenant's personal representative may
agree to otherwise modify the specific provisions of this section.
Subd. 4. Applicability.
The provisions of this section apply to leases entered into or
renewed after May 12, 1981. Chap. 504B - 504B.265
Tenant's personal property remaining in premises.
Subdivision 1. Abandoned property.
If a tenant abandons rented premises, the landlord may take
possession of the tenant's personal property remaining on the
premises, and shall store and care for the property. The
landlord has a claim against the tenant for reasonable costs and
expenses incurred in removing the tenant's property and in storing
and caring for the property.
The landlord may sell or otherwise dispose of the property 60
days after the landlord receives actual notice of the abandonment,
or 60 days after it reasonably appears to the landlord that the
tenant has abandoned the premises, whichever occurs last, and may
apply a reasonable amount of the proceeds of the sale to the
removal, care, and storage costs and expenses or to any claims
authorized pursuant to section 504B.178, subdivision 3, paragraphs
(a) and (b). Any remaining proceeds of any sale shall be paid
to the tenant upon written demand.
Prior to the sale, the landlord shall make reasonable efforts
to notify the tenant of the sale at least 14 days prior to the sale,
by personal service in writing or sending written notification of
the sale by certified mail, return receipt requested, to the
tenant's last known address or usual place of abode, if known by the
landlord, and by posting notice of the sale in a conspicuous place
on the premises for at least two weeks.
Subd. 2. Landlord's punitive damages.
If a landlord, an agent, or other person acting under the
landlord's direction or control, in possession of a tenant's
personal property, fails to allow the tenant to retake possession of
the property within 24 hours after written demand by the tenant or
the tenant's duly authorized representative or within 48 hours,
exclusive of
weekends and holidays, after written demand by the tenant or a
duly authorized representative when the landlord, the landlord's
agent or person acting under the landlord's direction or control has
removed and stored the personal property in accordance with
subdivision 1 in a location other than the premises, the tenant
shall recover from the landlord punitive damages not to exceed $300
in addition to actual damages and reasonable attorney's fees.
In determining the amount of punitive damages the court shall
consider (1) the nature and value of the property; (2) the effect
the deprivation of the property has had on the tenant; (3) if the
landlord, an agent, or other person acting under the landlord's
direction or control unlawfully took possession of the tenant's
property; and (4) if the landlord, an agent, or other person under
the landlord's direction or control acted in bad faith in failing to
allow the tenant to retake possession of the property.
The provisions of this subdivision do not apply to personal
property which has been sold or otherwise disposed of by the
landlord in accordance with subdivision 1, or to landlords who are
housing authorities, created, or authorized to be created by
sections 469.001 to 469.047, and their agents and employees, in
possession of a tenant's personal property, except that housing
authorities must allow the tenant to retake possession of the
property in accordance with this subdivision.
Subd. 3. Storage.
If the landlord, an agent, or other person acting under the
landlord's direction or control has unlawfully taken possession of a
tenant's personal property the landlord shall be responsible for
paying the cost and expenses relating to the removal, storage, or
care of the property.
Subd. 4. Remedies additional.
The remedies provided in this section are in addition to and
shall not limit other rights or remedies available to landlords and
tenants. Any provision, whether oral or written, of any lease
or other agreement, whereby any provision of this section is waived
by a tenant, is contrary to public policy and void. The
provisions
of this section also apply to occupants and owners of
residential real property which is the subject of a mortgage
foreclosure or contract for deed cancellation and as to which the
period for redemption or reinstatement of the contract has expired.
Chapl 504B - 504B.271
Attorney general's statement; distribution.
In this section, "residential tenant" does not include
residents of manufactured home parks as defined in section 327C.01,
subdivision 9.
The attorney general shall prepare and make available to the
public a statement which summarizes the significant legal rights and
obligations of landlords and residential tenants of rental dwelling
units. The statement shall include descriptions of the
significant provisions of this chapter. The statement shall
notify residential tenants in public housing to consult their leases
for additional rights and obligations they may have under federal
law. The statement shall include the telephone number and
address of the attorney general for further
information.
The attorney general shall annually revise the statement
provided in this section as necessary to ensure that it continues
accurately to describe the statutory and case law governing the
rights and duties of landlords and residential tenants of rental
dwelling for the first time and after each annual revision of the
statement, the attorney general shall hold a public meeting to
discuss the statement and receive comments on its contents before it
is issued. When preparing the statement and evaluating public
comment, the attorney general shall be guided by the legislature's
intent that the statement be brief, accurate, and complete in
identifying significant legal rights and obligations, and written
using words with common, everyday
meanings. Chap. 504B -504B.275
Forcible entry and unlawful detainer prohibited.
No person may occupy or take possession of real property except
where occupancy or possession is allowed by law, and in such cases,
the person may not enter by force, but only in a peaceable manner.
Chap. 504B - 504B.281
Eviction actions; grounds; retaliation defense; combined
allegations.
Subdivision 1. Grounds.
The person entitled to the premises may recover possession by
eviction when:
(1) any person holds over real property:
(i) after a sale of the property on an execution or judgment;
(ii) on foreclosure of a mortgage and expiration of the time
for redemption; or
(iii) after termination of contract to convey the property,
provided that if the person holding the real property after the
expiration of the time for redemption or termination is a tenant,
the person has received:
(A) at least one month's written notice to vacate no sooner
than one month after the expiration of the time for redemption or
termination, provided that the tenant pays the rent and abides by
all terms of the lease; or
(B) at least one month's written notice to vacate no later
than the date of the expiration of the time for redemption or
termination, which notice shall also state that the sender will hold
the tenant harmless for breaching the lease by vacating the premises
if the mortgage is redeemed or the contract is reinstated;
(2) any person holds over real property after termination of
the time for which it is demised or leased to that person or to the
persons under whom that person holds possession, contrary to the
conditions or covenants of the lease or agreement under which that
person holds, or after any rent becomes due according to the terms
of such lease or agreement; or
(3) any tenant at will holds over after the termination of
the tenancy by notice to quit.
Subd. 2. Retaliation defense.
It is a defense to an action for recovery of premises following
the alleged termination of a tenancy by notice to quit for the
defendant to prove by a fair preponderance of the evidence that:
(1) the alleged termination was intended in whole or part as
a penalty for the defendant's good faith attempt to secure or
enforce rights under a lease or contract, oral or written, under the
laws of the state or any of its governmental subdivisions,
or of the United States; or
(2) the alleged termination was intended in whole or part as
a penalty for the defendant's good faith report to a governmental
authority of the plaintiff's violation of a health, safety, housing,
or building code or ordinance. If the notice to quit was
served within 90 days of the date of an act of the tenant coming
within the terms of clause (1) or (2) the burden of proving that the
notice to quit was not served in whole or part for a retaliatory
purpose shall rest with the
plaintiff.
Subd. 3. Rent increase as penalty.
In any proceeding for the recovery of premises upon the ground
of nonpayment of rent, it is a defense if the tenant establishes by
a preponderance of the evidence tat the plaintiff increased the
tenant's rent or decreased the services as a penalty in whole or
part for any lawful act of the tenant as described in subdivision 2,
providing that the tenant tender to the court or to the plaintiff
the amount of rent due and payable under the tenant's original
obligation.
Subd. 4. Nonlimitation of landlord's rights.
Nothing contained in subdivisions 2 and 3 limits the right of
the landlord pursuant to the provisions of subdivision 1 to
terminate a tenancy for a violation by the tenant of a lawful,
material provision of a lease or contract, whether written or oral,
or to hold the tenant liable for damage to the premises caused by
the tenant or a person acting under the tenant's direction or
control.
Subd. 5. Combining allegations.
(a) An action for recovery of the premises may combine the
allegation of nonpayment of rent and the allegation of material
violation of the lease, which shall be heard as alternative grounds.
(b) In cases where rent is outstanding, a tenant is not
required to pay into court the amount of rent in arrears, interest,
and costs as required under section 504B.291 to defend against an
allegation by the landlord that the tenant has committed a material
violation of the lease.
(c) If the landlord does not prevail in proving material
violation of the lease, and the landlord has also alleged that rent
is due, the tenant shall be permitted to present defenses to the
court that the rent is not owing. The tenant shall be given up
to seven days of additional time to pay any rent determined by the
court to be due. The court may order the tenant to pay rent
and any costs determined to be due directly to the landlord or to be
deposited with the court. Chap. 504B - 504B.285
HIST: 1999 c 199 art 1 s 38
Eviction action for nonpayment; redemption; other rights.
Subdivision 1. Action to recover.
(a) A landlord may bring an eviction action for nonpayment of
rent irrespective of whether the lease contains a right of reentry
clause. Such an eviction action is equivalent to a demand for
the rent. In such an action, unless the landlord has also
sought to evict the tenant by alleging a material violation of the
lease under section 504B.285, subdivision 5, the tenant may, at any
time before possession has been delivered, redeem the tenancy and be
restored to possession by paying to the landlord or bringing to
court the amount of the rent that is in arrears, with interest,
costs of the action, and an attorney's fee not to exceed $5, and by
performing any other covenants of the lease.
(b) If the tenant has paid to the landlord or brought into
court the amount of rent in arrears but is unable to pay the
interest, costs of the action, and attorney's fees required by
paragraph (a), the court may permit the tenant to pay these amounts
into court and be restored to possession within the same period of
time, if any, for which the court stays the issuance of the order to
vacate under section 504B.345.
(c) Prior to or after commencement of an action to recover
possession for nonpayment of rent, the parties may agree only in
writing that partial payment of rent in arrears which is accepted by
the landlord prior to issuance of the order granting restitution of
the premises pursuant to section 504B.345 may be applied to the
balance due and does not waive the landlord's action to recover
possession of the premises for nonpayment of rent.
(d) Rental payments under this subdivision must first be
applied to rent claimed as due in the complaint from prior rental
periods before applying any payment toward rent claimed in the
complaint for the current rental period, unless the court finds that
under the circumstances the claim for rent from prior rental periods
has been waived.
Subd. 2. Lease greater than 20 years.
(a) If the lease under which an action is brought under
subdivision 1 is for a term of more than 20 years, the action may
not begin until the landlord serves a written notice on the tenant
and on all creditors with legal or equitable recorded liens on the
property. The notice must state:
(1) the lease will be canceled unless the amounts,
agreements, and legal obligations in default are paid or performed
within 30 days, or a longer specified period; and
(2) if the amounts, agreements, and legal obligations are not
paid or performed within that period, then the landlord may evict
the tenant at the expiration of the period.
(b) If the lease provides that the landlord must give more
than the 30 days' notice provided in paragraph (a), then notice must
be the same as that provided in the lease.
(c) The tenant may be restored to possession of the property
under the terms of the original lease if, before the expiration of
six months after the landlord obtains possession due to the tenant's
abandonment or surrender of the property or the landlord prevails in
the action, the tenant or a creditor holding a legal or equitable
lien on the property:
(1) pays to the landlord or brings into court the amount of
rent then in arrears, with interest and the costs of the action; and
(2) performs the other agreements or legal obligations that
are in default.
Subd. 3. Recording of eviction or ejectment actions.
Upon recovery of possession by the landlord in the action, a
certified copy of the judgment shall, upon presentation, be recorded
in the office of the county recorder of the county where the land is
situated if unregistered land or in the office of the registrar of
titles of the county if registered land and upon recovery of
possession by the landlord by abandonment or surrender by the tenant
an affidavit by the landlord or the landlord's attorney setting
forth the fact shall be recorded in a like manner and the recorded
certified copy of the judgment or the recorded affidavit shall be
prima facie evidence of the facts stated therein in reference to the
recovery of possession by the landlord. Chap 504-B 504B.291
Eviction action for unlawful detention.
A person may be evicted if the person has unlawfully or forcibly
occupied or taken possession of real property or unlawfully detains
or retains possession of real property.
A seizure under section 609.5317, subdivision 1, for which
there is not a defense under section 609.5317, subdivision 3,
constitutes unlawful detention by the tenant. Chap. 504B -
504B.301
Notice of seizure provision.
Landlords shall give written notice to tenants of the provision
relating to seizures in section 504B.301. Failure to give such
notice does not subject the landlord to criminal or civil liability
and is not a defense under section 609.5317, subdivision 3.
Chap. 504B - 504B.305
No eviction action if tenant holds over for three years.
No person may bring an eviction action against an occupant of
any premises where that occupant's lease, or the lease of that
occupant's ancestors or predecessor in interest, was terminated more
than three years before the beginning of the action and where the
occupant of the premises or that person's ancestors or predecessor
in interest were in quiet possession for three consecutive years
immediately before the filing of the eviction. Chap. 504B -
504B.311
Restrictions on eviction due to familial status.
(a) As used in this section, "familial status" has the
meaning given it in section 363.01, subdivision 19.
(b) No residential tenant of residential premises may be
evicted, denied a continuing tenancy, or denied a renewal of a lease
on the basis of familial status commenced during the tenancy unless
one year has elapsed from the commencement of the familial status
and the landlord has given the tenant six months prior notice in
writing, except in case of nonpayment of rent, damage to the
premises, disturbance of other tenants, or other breach of the
lease. Any provision, whether oral or written, of any lease or
other agreement, whereby any provision of this section is waived by
a tenant, is contrary to public policy and void. Chap. 504B -
504B.315
Complaint and summons.
Subdivision 1. Procedure.
(a) To bring an eviction action, the person complaining shall
file a complaint with the court, stating the full name and date of
birth of the person against whom the complaint is made, unless it is
not known, describing the premises of which possession is claimed,
stating the facts which authorize the recovery of possession, and
asking for recovery thereof.
(b) The lack of the full name and date of birth of the person
against whom the complaint is made does not deprive the court of
jurisdiction or make the complaint invalid.
(c) The court shall issue a summons, commanding the person
against whom the complaint is made to appear before the court on a
day and at a place stated in the summons.
(d) The appearance shall be not less than seven nor more than
14 days from the day of issuing the summons, except as provided by
paragraph (b).
(e) A copy of the complaint shall be attached to the summons,
which shall state that the copy is attached and that the original
has been filed.
Subd. 2. Expedited procedure.
(a) In an eviction action brought under section 504B.171 or on
the basis that the tenant is causing a nuisance or other illegal
behavior that seriously endangers the safety of other residents,
their property, or the landlord's property, the person filing the
complaint shall file an affidavit stating specific facts and
instances in support of why an expedited hearing is required.
(b) The complaint and affidavit shall be reviewed by a
referee or judge and scheduled for an expedited hearing only if
sufficient supporting facts are stated and they meet the
requirements of this paragraph.
(c) The appearance in an expedited hearing shall be not less
than five days nor more than seven days from the date the summons is
issued. The summons, in an expedited hearing, shall be served
upon the tenant within 24 hours of issuance unless the court orders
otherwise for good cause shown.
(d) If the court determines that the person seeking an
expedited hearing did so without sufficient basis under the
requirements of this subdivision, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.
Chap. 504B - 504B.321
Expedited relief.
A landlord or the landlord's agent may request expedited
temporary relief by bringing an action under section 609.748 or
filing a petition for a temporary restraining order, in conjunction
with a complaint filed under section 504B.321. Chap. 504B -
504B.325
Summons; how served.
(a) The summons must be served at least seven days before the
date of the court appearance specified in section 504B.321, in the
manner provided for service of a summons in a civil action in
district court. It may be served by any person not named a
party to the action.
(b) If the defendant cannot be found in the county, the
summons may be served at least seven days before the date of the
court appearance by:
(1) leaving a copy at the defendant's last usual place of
abode with a person of suitable age and discretion residing there;
or
(2) if the defendant had no place of abode, by leaving a copy
at the property described in the complaint with a person of suitable
age and discretion occupying the premises.
(c) Failure of the sheriff or constable to serve the
defendant is prima facie proof that the defendant cannot be found in
the county.
(d) Where the defendant cannot be found in the county,
service of the summons may be made upon the defendant by posting the
summons in a conspicuous place on the property for not less than one
week if:
(1) the property described in the complaint is:
(i) nonresidential and no person actually occupies the
property; or
(ii) residential and service has been attempted at least
twice on different days, with at least one of the attempts having
been made between the hours of 6:00 p.m. and 10:00 p.m.; and
(2) the plaintiff or the plaintiff's attorney has signed and
filed with the court an affidavit stating that:
(i) the defendant cannot be found, or that the plaintiff or
the plaintiff's attorney believes that the defendant is not in the
state; and
(ii) a copy of the summons has been mailed to the defendant
at the defendant's last known address if any is known to the
plaintiff.
(e) If the defendant or the defendant's attorney does not
appear in court on the date of the appearance, the trial shall
proceed. Chap. 504B - 504B.331
Answer; trial.
(a) At the court appearance specified in the summons, the
defendant may answer the complaint, and the court shall hear and
decide the action, unless it grants a continuance of the trial as
provided in section 504B.341.
(b) Either party may demand a trial by jury.
(c) The proceedings in the action are the same as in other
civil actions, except as provided in sections 504B.281 to 504B.371.
(d) The court, in scheduling appearances and hearings under
this section, shall give priority to any eviction brought under
section 504B.171, or on the basis that the defendant is a tenant and
is causing a nuisance or seriously endangers the safety of other
residents, their property, or the landlord's property. Chap.
504B - 504B.335
Continuance of trial.
(a) In an eviction action, the court, in its discretion, may
grant a continuance of the trial for no more than six days unless
all parties consent to longer continuance.
(b) However, in all actions brought under section 504B.285,
other than actions on a written lease signed by both parties, the
court shall continue the trial as necessary but for no more than
three months if the defendant or the defendant's agent or
attorney:
(1) states under oath that the defendant cannot proceed to
trial because a material witness is not present;
(2) names the witness;
(3) states under oath that the defendant has made due
exertion to obtain the witness;
(4) states the belief that if the continuance is allowed the
defendant will be able to procure the attendance of the witness at
the trial or to obtain the witness's deposition; and
(5) gives a bond that the plaintiff will be paid all rent
that accrues during the pendency of the action and all costs and
damages that accrue due to the adjournment. Chap. 504B - 504B.341
Judgment; execution.
Subdivision 1. General.
(a) If the court or jury finds for the plaintiff, the court
shall immediately enter judgment that the plaintiff shall have
recovery of the premises, and shall tax the costs against the
defendant. The court shall issue execution in favor of the
plaintiff for the costs and also immediately issue a writ of
recovery of premises and order to vacate.
(b) The court shall give priority in issuing a writ of
recovery of premises and order to vacate for an eviction action
brought under section 504B.171 or on the basis that the tenant is
causing a nuisance or seriously endangers the safety of other
residents, their property, or the landlord's property.
(c) If the court or jury finds for the defendant, the court
shall enter judgment for the defendant, tax the costs against the
plaintiff, and issue execution in favor of the defendant.
(d) Except in actions brought:
(1) under section 504B.291 as required by section 609.5317,
subdivision 1;
(2) under section 504B.171; or (3) on the basis that the
tenant is causing a nuisance or seriously endangers the safety of
other residents, their property, or the landlord's property, upon a
showing by the defendant that immediate restitution of the premises
would work a substantial hardship upon the defendant or the
defendant's family, the court shall stay the writ of recovery of
premises and order to vacate for a reasonable period, not to exceed
seven days.
Subd. 2. Expedited writ.
If the court enters judgment for the plaintiff in an action
brought under section 504B.291 as required by section 609.5317,
subdivision 1, the court may not stay issuance of the writ of
recovery of premises and order to vacate unless the court makes
written findings specifying the extraordinary and exigent
circumstances that warrant staying the writ for a reasonable period,
not to exceed seven days. Chap. 504B - 504B.345
Failure of jury to reach a verdict.
If the jury cannot agree upon a verdict, the court may discharge
the members and issue an order impaneling a new jury, immediately or
as agreed to by the parties or fixed by the court. Chap. 504B
- 504B.351
Form of verdict.
The verdict of the jury or the finding of the court in favor of
the plaintiff in an eviction action shall be substantially in the
following form:
At a court held at ....., on the ..... day of ....., year .....,
before ....., a judge in and for the county of ..... in an action
between ....., plaintiff, and ....., defendant, the jury (or, if the
action be tried without a jury, the court) find that the facts
alleged in the complaint are true, and the plaintiff shall recover
possession of the premises and the defendant(s) shall vacate the
premises immediately.
.....................
If the verdict or finding is for the defendant, it shall be
sufficient to find that the facts alleged in the complaint are not
true. Chap. 504B - 504B.355
Forms of summons and writ.
Subdivision 1. Summons and writ.
(a) The summons and writ of recovery of premises and order to
vacate may be substantially in the forms in paragraphs (b) and (c).
(b)
FORM OF SUMMONS
State of Minnesota)
) ss.
County of ........)
Whereas, ....., of ....., has filed with
the undersigned, a
judge of county stated, a complaint against ....., of
....., a
copy of which is attached: You are hereby summoned
to appear
before the undersigned on the ..... day of .....,
year....., at
..... o'clock ...m., at ....., to answer and defend
against the
complaint and to further be dealt with according to law.
Dated at ....., this ..... day of .....,
year .....
.............................,
Judge of ....... court.
(c)
FORM OF WRIT OF RECOVERY OF PREMISES
AND ORDER TO VACATE
State of Minnesota)
) ss.
County of ........)
The State of Minnesota, to the Sheriff or
Any Constable of
the County:
Whereas, ....., the plaintiff, of .....,
in an eviction
action, at a court held at ....., in the county of
...........,
on the ..... day of ....., year ....., before ....., a
judge of
the county, recovered a judgment against ....., the .....,
to
have recovery of the following premises (describe here the
property as in the complaint): ........
Therefore, you are commanded that, taking
with you the
force of the county, if necessary, you cause ....... to be
immediately removed from the premises, and the plaintiff
to
recover the premises. You are also commanded that
from the
personal property of ............. within the county that
you
seize and sell, the plaintiff be paid ... dollars, as the
costs
assessed against the defendant, together with 25 cents for
this
writ. You are ordered to return this writ within 30
days.
Dated at ....., this ..... day of .....,
year ....
.............................,
Judge of ........ court.
Subd. 2. Priority writ.
The court shall identify a writ of recovery of premises and
order to vacate property that is issued pursuant to an eviction
action under section 504B.171, or on the basis that the tenant is
causing a nuisance or seriously endangers the safety of other
residents, their property, or the landlord's property and clearly
note on the order to vacate that it is a priority order.
Notice that it is a priority order must be made in a manner that is
obvious to an officer who must execute the order under section
504B.365. Chap. 504B - 504B.361
Execution of the writ of recovery of premises and order to
vacate.
Subdivision 1. General.
(a) The officer who holds the order to vacate shall execute it
by demanding that the defendant, if found in the county, any adult
member of the defendant's family who is occupying the premises, or
any other person in charge, relinquish possession and leave, taking
family and all personal property from the premises within 24 hours.
(b) If the defendant fails to comply with the demand, then
the officer shall bring, if necessary, the force of the county and
any necessary assistance, at the cost of the plaintiff. The
officer shall remove the defendant, family, and all personal
property from the premises and place the plaintiff in possession.
(c) If the defendant cannot be found in the county, and there
is no person in charge of the premises, then the officer shall enter
the premises, breaking in if necessary, and remove and store the
personal property of the defendant at a place designated by the
plaintiff as provided in subdivision 3.
(d) The order may also be executed by a licensed police
officer or community crime prevention licensed police officer.
Subd. 2. Priority; execution of priority order.
An officer shall give priority to the execution, under this
section, of any order to vacate that is based on an eviction action
under section 504B.171, or on the basis that the defendant is
causing a nuisance or seriously endangers the safety of other
residents, their property, or the plaintiff's property.
Subd. 3. Removal and storage of property.
(a) If the defendant's personal property is to be stored in a
place other than the premises, the officer shall remove all personal
property of the defendant at the expense of the plaintiff.
(b) The defendant must make immediate payment for all
expenses of removing personal property from the premises. If
the defendant fails or refuses to do so, the plaintiff has a lien on
all the personal property for the reasonable costs and expenses
incurred in removing, caring for, storing, and transporting it to a
suitable storage place.
(c) The plaintiff may enforce the lien by detaining the
personal property until paid. If no payment has been made for
60 days after the execution of the order to vacate, the plaintiff
may hold a public sale as provided in sections 514.18 to 514.22.
(d) If the defendant's personal property is to be stored on
the premises, the officer shall enter the premises, breaking in if
necessary, and the plaintiff may remove the defendant's personal
property. Section 504B.271 applies to personal property
removed under this paragraph. The plaintiff must prepare an
inventory and mail a copy of the inventory to the defendant's last
known address or, if the defendant has provided a different address,
to the address provided. The inventory must be prepared,
signed, and dated in the presence of the officer and must include
the following:
(1) a list of the items of personal property and a
description of their condition;
(2) the date, the signature of the defendant or the
defendant's agent, and the name and telephone number of a person
authorized to release the personal property; and
(3) the name and badge number of the officer.
(e) The officer must retain a copy of the inventory.
(f) The plaintiff is responsible for the proper removal,
storage, and care of the defendant's personal property and is liable
for damages for loss of or injury to it caused by the plaintiff's
failure to exercise the same care that a reasonably careful person
would exercise under similar circumstances.
(g) The plaintiff shall notify the defendant of the date and
approximate time the officer is scheduled to remove the defendant,
family, and personal property from the premises. The notice
must be sent by first class mail. In addition, the plaintiff
must make a good faith effort to notify the defendant by telephone.
The notice must be mailed as soon as the information regarding the
date and approximate time the officer is scheduled to enforce the
order is known to the plaintiff, except that the scheduling of the
officer to enforce the order need not be delayed because of the
notice requirement. The notice must inform the defendant that
the defendant and the defendant's personal property will be removed
from the premises if the defendant has not vacated the premises by
the time specified in the notice.
Subd. 4. Second and fourth judicial districts.
In the second and fourth judicial districts, the housing
calendar consolidation project shall retain jurisdiction in matters
relating to removal of personal property under this section.
If the plaintiff refuses to return the property after proper demand
is made as provided in section 504B.271, the court shall enter an
order requiring the plaintiff to return the property to the
defendant and awarding reasonable expenses including attorney fees
to the defendant.
Subd. 5. Penalty; waiver not allowed.
Unless the premises has been abandoned, a plaintiff, an agent,
or other person acting under the plaintiff's direction or control
who enters the premises and removes the defendant's personal
property in violation of this section is guilty of an unlawful
ouster under section 504B.231 and is subject to penalty under
section 504B.225. This section may not be waived or modified
by lease or other agreement. Chap. 504B - 504B.365
Appeals.
Subdivision 1. Statement of intention to appeal.
If the court renders judgment against the defendant and the
defendant or defendant's attorney informs the court the defendant
intends to appeal, the court shall issue an order staying the writ
for recovery of premises and order to vacate for at least 24 hours
after judgment, except as provided in subdivision 7.
Subd. 2. Time for appeal.
A party who feels aggrieved by the judgment may appeal within
ten days as provided for civil actions in district court.
Subd. 3. Appeal bond.
If the party appealing remains in possession of the property,
that party must give a bond that provides that:
(1) all costs of the appeal will be paid;
(2) the party will comply with the court's order; and
(3) all rent and other damages due to the party excluded from
possession during the pendency of the appeal will be paid.
Subd. 4. Stay pending appeal.
After the appeal is taken, all further proceedings in the case
are stayed, except as provided in subdivision 7.
Subd. 5. Stay of writ issued before appeal.
(a) Except as provided in subdivision 7, if the court issues a
writ for recovery of premises and order to vacate before an appeal
is taken, the appealing party may request that the court stay
further proceedings and execution of the writ for possession of
premises and order to vacate, and the court shall grant a stay.
(b) If the party appealing remains in possession of the
premises, that party must give a bond under subdivision 3.
(c) When the officer who has the writ for possession of
premises and order to vacate is served with the order granting the
stay, the officer shall cease all further proceedings. If the
writ for possession of premises and order to vacate has not been
completely executed, the defendant shall remain in possession of the
premises until the appeal is decided.
Subd. 6. Dismissal of appeals; amendments; return.
In all cases of appeal, the appellate court shall not dismiss or
quash the proceedings for want of form only, provided they have been
conducted substantially in accordance with the provisions of this
chapter. Amendments may be allowed at any time, upon such
terms as to the court may appear just, in the same cases and manner
and to the same extent as in civil actions. The court may
compel the trial court, by attachment, to make or amend any return
which is withheld or improperly or insufficiently made.
Subd. 7. Exception.
Subdivisions 1, 4, and 6 do not apply in an action on a lease,
against a tenant holding over after the expiration of the term of
the lease, or a termination of the lease by a notice to quit, if the
plaintiff gives a bond conditioned to pay all costs and damages if
on the appeal the judgment of restitution is reversed and a new
trial ordered. In such a case, the court shall issue a writ
for recovery of premises and order to vacate notwithstanding the
notice of appeal, as if no appeal had been taken, and the appellate
court shall issue all needful writs and processes to carry out any
judgment which may be rendered in the court. Chap. 504B -
504B.371
Unlawful exclusion or removal; action for recovery of
possession.
Subdivision 1. Unlawful exclusion or removal.
(a) This section applies to actual or constructive removal or
exclusion of a residential tenant which may include the termination
of utilities or the removal of doors, windows, or locks. A
residential tenant to whom this section applies may recover
possession of the premises as described in paragraphs (b) to (e).
(b) The residential tenant shall present a verified petition
to the district court of the judicial district of the county in
which the premises are located that:
(1) describes the premises and the landlord;
(2) specifically states the facts and grounds that
demonstrate that the exclusion or removal was unlawful, including a
statement that no writ of recovery of the premises and order to
vacate has been issued under section 504B.345 in favor of the
landlord and against the residential tenant and executed in
accordance with section 504B.365; and
(3) asks for possession.
(c) If it clearly appears from the specific grounds and facts
stated in the verified petition or by separate affidavit of the
residential tenant or the residential tenant's attorney or agent
that the exclusion or removal was unlawful, the court shall
immediately order that the residential tenant have possession of the
premises.
(d) The residential tenant shall furnish security, if any,
that the court finds is appropriate under the circumstances for
payment of all costs and damages the landlord may sustain if the
order is subsequently found to have been obtained wrongfully. In
determining the appropriateness of security, the court shall
consider the residential tenant's ability to afford monetary
security.
(e) The court shall direct the order to the sheriff or any
constable of the county in which the premises are located and the
sheriff or constable shall execute the order immediately by making a
demand for possession on the landlord, if found, or the landlord's
agent or other person in charge of the premises. If the
landlord fails to comply with the demand, the officer shall take
whatever assistance may be necessary and immediately place the
residential tenant in possession of the premises. If the
landlord, the landlord's agent, or other person in control of the
premises cannot be found and if there is no person in charge, the
officer shall immediately enter into and place the residential
tenant in possession of the premises. The officer shall also
serve the order and verified petition or affidavit immediately upon
the landlord or agent, in the same manner as a summons is required
to be served in a civil action in district court.
Subd. 2. Motion for dissolution or modification of order.
The landlord may, by written motion and notice served by mail or
personally on the residential tenant or the residential tenant's
attorney at least two days before the hearing date on the motion,
obtain dissolution or modification of the order for possession
issued under subdivision 1, paragraph (c), unless the residential
tenant proves the facts and grounds on which the order is issued.
A landlord bringing a motion under this subdivision may recover
possession of the premises only by an eviction action or otherwise
provided by law. Upon the dissolution of the order, the court
shall assess costs against the residential tenant, subject to the
provisions of section 563.01, and may allow damages and reasonable
attorney fees for the wrongful granting of the order for possession.
If the order is affirmed, the court shall tax costs against the
landlord and may allow the residential tenant reasonable attorney's
fees.
Subd. 3. Finality of order.
An order issued under subdivision 1, paragraph (c), or affirmed,
modified, or dissolved under subdivision 2, is a final order for
purposes of appeal. Either party may appeal the order within
ten days after entry. If the party appealing remains in
possession of the premises, bond must be given to:
(1) pay all costs of the appeal;
(2) obey the court's order; and
(3) pay all rent and other damages that justly accrue to the
party excluded from possession during the pendency of the appeal.
Subd. 4. Waiver not allowed.
A provision of an oral or written lease or other agreement in
which a residential tenant waives this section is contrary to public
policy and void.
Subd. 5. Purpose.
The purpose of this section is to provide an additional and
summary remedy for residential tenants unlawfully excluded or
removed from rental property and, except where expressly provided in
this section, sections 504B.285 to 504B.371 do not apply to
proceedings under this section.
Subd. 6. Application.
In addition to residential tenants and landlords, this section
applies to:
(1) occupants and owners of residential real property that is
the subject of a mortgage foreclosure or contract for deed
cancellation for which the period for redemption or reinstatement of
the contract has expired; and
(2) mortgagees and contract for deed vendors. Chap.
504B - 504B.375
Emergency tenant remedies action.
Subdivision 1. Petition.
A person authorized to bring an action under section 504B.395,
subdivision 1, may petition the court for relief in cases of
emergency involving the loss of running water, hot water, heat,
electricity, sanitary facilities, or other essential services or
facilities that the landlord is responsible for providing.
Subd. 2. Venue.
The venue of the action authorized by this section is the county
where the residential building alleged to contain the emergency
condition is located.
Subd. 3. Petition information.
The petitioner must present a verified petition to the district
court that contains:
(1) a description of the premises and the identity of the
landlord;
(2) a statement of the facts and grounds that demonstrate the
existence of an emergency caused by the loss of essential services
or facilities; and
(3) a request for relief.
Subd. 4. Notice.
The petitioner must attempt to notify the landlord, at least 24
hours before application to the court, of the petitioner's intent to
seek emergency relief. An order may be granted without notice
to the landlord if the court finds that reasonable efforts, as set
forth in the petition or by separate affidavit, were made to notify
the landlord but that the efforts were unsuccessful.
Subd. 5. Relief; service of order.
The court may order relief as provided in section 504B.425.
The petitioner shall serve the order on the landlord personally or
by mail as soon as practicable.
Subd. 6. Limitation.
This section does not extend to emergencies that are the result
of the deliberate or negligent act or omission of a residential
tenant or anyone acting under the direction or control of the
residential tenant.
Subd. 7. Effect of other laws.
Section 504B.395, subdivisions 3 and 4, do not apply to a
petition for emergency relief under this section. Chap. 504B -
504B.381
Rent escrow action to remedy violations.
Subdivision 1. Escrow of rent.
(a) If a violation exists in a residential building, a
residential tenant may deposit the amount of rent due to the
landlord with the court administrator using the procedures described
in paragraphs (b)to (d).
(b) For a violation as defined in section 504B.001,
subdivision 14, clause (1), the residential tenant may deposit with
the court administrator the rent due to the landlord along with a
copy of the written notice of the code violation as provided in
section 504B.185, subdivision 2. The residential tenant may
not deposit the rent or file the written notice of the code
violation until the time granted to make repairs has expired without
satisfactory repairs being made, unless the residential tenant
alleges that the time granted is excessive.
(c) For a violation as defined in section 504B.001,
subdivision 14, clause (2) or (3), the residential tenant must give
written notice to the landlord specifying the violation. The notice
must be delivered personally or sent to the person or place where
rent is normally paid. If the violation is not corrected
within 14 days, the residential tenant may deposit the amount of
rent due to the landlord with the court administrator along with an
affidavit specifying the violation. The court must provide a
simplified form affidavit for use under this paragraph.
(d) The residential tenant need not deposit rent if none is
due to the landlord at the time the residential tenant files the
notice required by paragraph (b) or (c). All rent which
becomes due to the landlord after that time but before the hearing
under subdivision 6 must be deposited with the court administrator.
As long as proceedings are pending under this section, the
residential tenant must pay rent to the landlord or as directed by
the court and may not withhold rent to remedy a violation.
Subd. 2. Counterclaim for possession.
(a) The landlord may file a counterclaim for possession of the
property in cases where the landlord alleges that the residential
tenant did not deposit the full amount of rent with the court
administrator.
(b) The court must set the date for a hearing on the
counterclaim not less than seven nor more than 14 days from the day
of filing the counterclaim. If the rent escrow hearing and the
hearing on the counterclaim for possession cannot be heard on the
same day, the matters must be consolidated and heard on the date
scheduled for the hearing on the counterclaim.
(c) The contents of the counterclaim for possession must meet
the requirements for a complaint under section 504B.321.
(d) The landlord must serve the counterclaim as provided in
section 504B.331, except that the affidavit of service or mailing
may be brought to the hearing rather than filed with the court
before the hearing.
(e) The court must provide a simplified form for use under
this section.
Subd. 3. Defenses.
The defenses provided in section 504B.415 are defenses to an
action brought under this section.
Subd. 4. Filing fee.
The court administrator may charge a filing fee in the amount
set for complaints and counterclaims in conciliation court, subject
to the filing of an inability to pay affidavit.
Subd. 5. Notice of hearing.
(a) A hearing must be held within ten to 14 days from the day a
residential tenant deposits rent with the court administrator.
(b) If the cost of remedying the violation, as estimated by
the residential tenant, is within the jurisdictional limit for
conciliation court, the court administrator shall notify the
landlord and the residential tenant of the time and place of the
hearing by first class mail.
(c) The residential tenant must provide the court
administrator with the landlord's name and address. If the
landlord has disclosed a post office box as the landlord's address
under section 50B.181, notice of the hearing may be mailed to the
post office box.
(d) If the cost of remedying the violation, as estimated by
the tenant, is above the jurisdictional limit for conciliation
court, the tenant must serve the notice of hearing according to the
Minnesota Rules of Civil Procedure.
(e) The notice of hearing must specify the amount the
residential tenant has deposited with the court administrator and
must inform the landlord that possession of the premises will not be
in issue at the hearing unless the landlord files a counterclaim for
possession or an eviction action.
Subd. 6. Hearing.
The hearing shall be conducted by a court without a jury.
A certified copy of an inspection report meets the requirements of
rule 803(8) of the Minnesota Rules of Evidence as an exception to
the rule against hearsay, and meets the requirements of rules 901
and 902 of the Minnesota Rules of Evidence as to authentication.
Subd. 7. Release of rent prior to hearing.
If the residential tenant gives written notice to the court
administrator that the violation has been remedied, the court
administrator must release the rent to the landlord and, unless the
hearing has been consolidated with another action, must cancel the
hearing. If the residential tenant and the landlord enter into
a written agreement signed by both parties apportioning the rent
between them, the court administrator must release the rent in
accordance with the written agreement and cancel the hearing.
Subd. 8. Consolidation with an eviction action.
Actions under this section and eviction actions which involve
the same parties must be consolidated and heard on the date
scheduled for the eviction action.
Subd. 9. Judgment.
(a) Upon finding that a violation exists, the court may, in its
discretion, do any or all of the following:
(1) order relief as provided in section 504B.425, including
retroactive rent abatement;
(2) order that all or a portion of the rent in escrow be
released for the purpose of remedying the violation;
(3) order that rent be deposited with the court as it becomes
due to the landlord or abate future rent until the landlord remedies
the violation; or
(4) impose fines as required in section 504B.391.
(b) When a proceeding under this section has been
consolidated with a counterclaim for possession or an eviction
action, and the landlord prevails, the residential tenant may redeem
the tenancy as provided in section 504B.291.
(c) When a proceeding under this section has been
consolidated with a counterclaim for possession or an eviction
action on the grounds of nonpayment, the court may not require the
residential tenant to pay the landlord's filing fee as a condition
of retaining possession of the property when the residential tenant
has deposited with the court the full amount of money found by the
court to be owed to the landlord.
Subd. 10. Release of rent after hearing.
If the court finds, after a hearing on the matter has been held,
that no violation exists in the building or that the residential
tenant did not deposit the full amount of rent due with the court
administrator, it shall order the immediate release of the rent to
the landlord. If the court finds that a violation existed, but
was remedied between the commencement of the action and the hearing,
it may order rent abatement and must release the rent to the parties
accordingly. Any rent found to be owed to the residential
tenant must be released to the tenant.
Subd. 11. Retaliation; waiver not allowed.
Section 504B.441 applies to proceedings under this section.
The residential tenant rights under this section may not be waived
or modified and are in addition to and do not limit other rights or
remedies which may be available to the residential tenant and
landlord, except as provided in subdivision 1. Chap. 504B -
504B.38
Violations of building repair orders.
Subdivision 1. Noncompliance; fines.
If the court finds that a landlord has willfully failed to
comply with a court order to remedy a violation, the court shall
fine the landlord according to the following schedule:
(1) $250 for the first failure to comply;
(2) $500 for the second failure to comply with an order
regarding the same violation; and
(3) $750 for the third and each subsequent failure to comply
with an order regarding the same violation.
Subd. 2. Criminal penalty.
A landlord who willfully fails to comply with a court order to
remedy a violation is guilty of a gross misdemeanor if it is the
third or subsequent time that the landlord has willfully failed to
comply with an order to remedy a violation within a three-year
period. Chap. 504B - 504B.391
Procedure.
Subdivision 1. Who may bring action.
An action may be brought in district court by:
(1) a residential tenant of a residential building in which a
violation, as defined in section 504B.001, subdivision 14, is
alleged to exist;
(2) any housing-related neighborhood organization with the
written permission of a residential tenant of a residential building
in which a violation, as defined in section 504B.001, subdivision
14, clause (1) or (2), is alleged to exist;
(3) a housing-related neighborhood organization that has
within its geographical area an unoccupied residential building in
which a violation, as defined in section 504B.001, subdivision 14,
clause (1) or (2), is alleged to exist; or
(4) a state, county, or local department or authority,
charged with the enforcement of codes relating to health, housing,
or building maintenance.
Subd. 2. Venue.
The venue of the action authorized by this section is the county
where the residential building alleged to contain violations is
located.
Subd. 3. When action may be brought.
(a) After a residential building inspection has been made under
section 504B.185, an action may not be brought under sections
504B.381, 504B.385, or 504B.395 to 504B.451 until the time granted
under section 504B.185, subdivision 2, has expired and satisfactory
repairs to remove the code violations have not been made.
(b) Notwithstanding paragraph (a), an action may be brought
if the residential tenant, or neighborhood organization with the
written permission of a tenant, alleges the time granted under
section 504B.185, subdivision 2, is excessive.
Subd. 4. Landlord must be informed.
A landlord must be informed in writing of an alleged violation
at least 14 days before an action is brought by:
(1) a residential tenant of a residential building in which a
violation as defined in section 504B.001, subdivision 14, clause (2)
or (3), is alleged to exist; or
(2) a housing-related neighborhood organization, with the
written permission of a residential tenant of a residential building
in which a violation, as defined in section 504B.001, subdivision
14, clause (2), is alleged to exist. The notice requirement
may be waived if the court finds that the landlord cannot be located
despite diligent efforts.
Subd. 5. Summons and complaint required.
The action must be started by service of a complaint and
summons. The summons may be issued only by a judge or court
administrator.
Subd. 6. Contents of complaint.
(a) The complaint must be verified and must:
(1) allege material facts showing that a violation or
violations exist in the residential building;
(2) state the relief sought; and
(3) list the rent due each month from each dwelling unit
within the residential building, if known.
(b) If the violation is a violation as defined in section
504B.001, subdivision 14, clause
(1), the complaint must be accompanied by:
(1) a copy of the official report of inspection by a
department of health, housing, or buildings, certified by the
custodian of records of that department stating:
(i) when and by whom the residential building concerned was
inspected;
(ii) what code violations were recorded; and
(iii) that notice of the code violations has been given to
the landlord; or
(2) a statement that a request for inspection was made to the
appropriate state, county, or municipal department, that demand was
made on the landlord to correct the alleged code violation, and that
a reasonable period of time has elapsed since the demand or request
was made. Chap. 504B - 504B.395
Summons.
Subdivision 1. Contents.
(a) On receipt of the complaint in section 504B.395, the court
administrator shall prepare a summons. The summons shall:
(1) specify the time and place of the hearing to be held on
the complaint; and
(2) state that if at the time of the hearing a defense is not
interposed and established by the landlord, judgment may be entered
for the relief requested and authorized by sections 504B.381 and
504B.395 to 504B.471.
(b) The hearing must be scheduled not less than five nor more
than ten days after receipt of the complaint by the court
administrator.
Subd. 2. Service.
The summons and complaint must be served upon the landlord or
the landlord's agent not less than five nor more than ten days
before the hearing. Service shall be by personal service upon
the defendant pursuant to the Minnesota Rules of Civil Procedure.
If personal service cannot be made with due diligence, service may
be made by affixing a copy of the summons and complaint prominently
to the residential building involved, and mailing at the same time a
copy of the summons and complaint by certified mail to the last
known address of the landlord. Chap. 504B- 504B.401
Answer.
At or before the time of the hearing, the landlord may answer in
writing. Defenses that are not contained in a written answer
must be orally pleaded at the hearing before any testimony is taken.
No delays in the date of hearing may be granted to allow time to
prepare a written answer or reply except with the consent of all
parties. Chap. 504B - 504B.411
Defenses.
It is a sufficient defense to a complaint under section 504B.385
or 504B.395 that:
(1) the violation or violations alleged in the complaint do
not exist or that the violation or violations have been removed or
remedied;
(2) the violations have been caused by the willful,
malicious, negligent, or irresponsible conduct of a complaining
residential tenant or anyone under the tenant's direction or
control; or
(3) a residential tenant of the residential building has
unreasonably refused entry to the landlord or the landlord's agent
to a portion of the property for the purpose of correcting the
violation, and that the effort to correct was made in good
faith. Chap. 504B - 504B.415
Hearing.
If issues of fact are raised, they must be tried by the court
without a jury. The court may grant a postponement of the
trial on its own motion or at the request of a party if it
determines that postponements are necessary to enable a party to
procure necessary witnesses or evidence. A postponement must
be for no more than ten days except by consent of all appearing
parties. Chap. 504B - 504B.421
HIST: 1999 c 199 art 1 s 63
Judgment.
(a) If the court finds that the complaint in section 504B.395
has been proved, it may, in its discretion, take any of the actions
described in paragraphs (b) to (g), either alone or in combination.
(b) The court may order the landlord to remedy the violation
or violations found by the court to exist if the court is satisfied
that corrective action will be undertaken promptly.
(c) The court may order the residential tenant to remedy the
violation or violations found by the court to exist and deduct the
cost from the rent subject to the terms as the court determines to
be just.
(d) The court may appoint an administrator with powers
described in section 504B.445, and:
(1) direct that rents due:
(i) on and from the day of entry of judgment, in the case of
petitioning residential tenants or housing-related neighborhood
organizations; and
(ii) on and from the day of service of the judgment on all
other residential and commercial tenants of the residential
building, if any, shall be deposited with the administrator
appointed by the court; and
(2) direct that the administrator use the rents collected to
remedy the violations found to exist by the court by paying the debt
service, taxes, and insurance, and providing the services necessary
to the ordinary operation and maintenance of the residential
building which the landlord is obligated to provide but fails or
refuses to provide.
(e) The court may find the extent to which any uncorrected
violations impair the residential tenants' use and enjoyment of the
property contracted for and order the rent abated accordingly.
If the court enters judgment under this paragraph, the parties shall
be informed and the court shall determine the amount by which the
rent is to be abated.
(f) After termination of administration, the court may
continue the jurisdiction of the court over the residential building
for a period of one year and order the landlord to maintain the
residential building in compliance with all applicable state,
county, and city health, safety, housing, building, fire prevention,
and housing maintenance codes.
(g) The court may grant any other relief it deems just and
proper, including a judgment against the landlord for reasonable
attorney fees, not to exceed $500, in the case of a prevailing
residential tenant or neighborhood organization. The $500
limitation does not apply to awards made under section 549.211 or
other specific statutory authority. Chap. 504B - 504B.425
Service of judgment.
A copy of the judgment must be personally served on every
residential and commercial tenant of the residential building whose
obligations will be affected by the judgment. If, with due
diligence, personal service cannot be made, service may be
made by posting a notice of the judgment on the entrance door of
the residential tenant's dwelling or commercial tenant's unit and by
mailing a copy of the judgment to the residential tenant or
commercial tenant by certified mail. Chap. 504B - 504B.431
Landlord's right to collect rent suspended.
If an administrator has been appointed pursuant to section
504B.425, paragraph (d), any right of the landlord to collect rent
from the petitioner is void and unenforceable from the time the
court signs the order for judgment until the administration is
terminated. Any right of the landlord to collect rent from
other tenants is void and unenforceable from the time of service of
judgment as set forth in section 504B.431 until the administration
is terminated. Chap. 504B - 504B.435
Residential tenant may not be penalized for complaint.
A residential tenant may not be evicted, nor may the residential
tenant's obligations under a lease be increased or the services
decreased, if the eviction or increase of obligations or decrease of
services is intended as a penalty for the residential tenant's or
housing-related neighborhood organization's complaint of a
violation. The burden of proving otherwise is on the landlord
if the eviction or increase of obligations or decrease of services
occurs within 90 days after filing the complaint, unless the court
finds that the complaint was not made in good faith. After 90
days the burden of proof is on the residential tenant. Chap.
504B - 504B.441
Administrator.
Subdivision 1. Appointment.
The administrator may be a person, local government unit or
agency, other than a landlord of the building, the inspector, the
complaining residential tenant, or a person living in the
complaining residential tenant's dwelling unit. If a state or
court agency is authorized by statute, ordinance, or regulation to
provide persons or neighborhood organizations to act as
administrators under this section, the court may appoint them to the
extent they are available.
Subd. 2. Posting bond.
A person or neighborhood organization appointed as administrator
shall post bond to the extent of the rents expected by the court to
be necessary to be collected to correct the violation or violations.
Administrators appointed from governmental agencies shall not be
required to post bond.
Subd. 3. Expenses.
The court may allow a reasonable amount for the services of
administrators and the expense of the administration from rent
money. When the administration terminates, the court may enter
judgment against the landlord in a reasonable amount for the
services and expenses incurred by the administrator.
Subd. 4. Powers.
The administrator may:
(1) collect rents from residential and commercial tenants,
evict residential and commercial tenants for nonpayment of rent or
other cause, enter into leases for vacant dwelling units, rent
vacant commercial units with the consent of the landlord, and
exercise other powers necessary and appropriate to carry out the
purposes of sections 504B.381 and 504B.395 to 504B.471;
(2) contract for the reasonable cost of materials, labor, and
services necessary to remedy the violation or violations found by
the court to exist and for the rehabilitation of the property to
maintain safe and habitable conditions over the useful life of the
property, and disburse money for these purposes from funds available
for the purpose;
(3) provide services to the residential tenants that the
landlord is obligated to provide but refuses or fails to provide,
and pay for them from funds available for the purpose;
(4) petition the court, after notice to the parties, for an
order allowing the administrator to encumber the property to secure
funds to the extent necessary to cover the costs described in clause
(2), including reasonable fees for the administrator's services, and
to pay for the costs from funds derived from the encumbrance; and
(5) petition the court, after notice to the parties, for an
order allowing the administrator to receive funds made available for
this purpose by the federal or state governing body or the
municipality to the extent necessary to cover the costs described in
clause (2) and pay for them from funds derived from this source.
The municipality shall recover disbursements under clause (5) by
special assessment on the real estate affected, bearing interest at
the rate determined by the municipality, but not to exceed the rate
established for finance charges for open-end
credit sales under section 334.16, subdivision 1, clause (b).
The assessment, interest, and any penalties shall be collected as
are special assessments made for other purposes under state statute
or municipal charter.
Subd. 5. Termination of administration.
At any time during the administration, the administrator or any
party may petition the court after notice to all parties for an
order terminating the administration on the ground that the funds
available to the administrator are insufficient to effect the prompt
remedy of the violations. If the court finds that the petition
is proved, the court shall terminate the administration and proceed
to judgment under section 504B.425, paragraph (e).
Subd. 6. Residential building repairs and services.
The administrator must first contract and pay for residential
building repairs and services necessary to keep the residential
building habitable before other expenses may be paid. If
sufficient funds are not available for paying other expenses, such
as tax and mortgage payments, after paying for necessary repairs and
services, the landlord is responsible for the other expenses.
Subd. 7. Administrator's liability.
The administrator may not be held personally liable in the
performance of duties under this section except for misfeasance,
malfeasance, or nonfeasance of office.
Subd. 8. Dwelling's economic viability.
In considering whether to grant the administrator funds under
subdivision 4, the court must consider factors relating to the
long-term economic viability of the dwelling, including:
(1) the causes leading to the appointment of an
administrator;
(2) the repairs necessary to bring the property into code
compliance;
(3) the market value of the property; and
(4) whether present and future rents will be sufficient to
cover the cost of repairs or rehabilitation. Chap. 504B -
504B.445
Receivership revolving loan fund.
The Minnesota housing finance agency may establish a revolving
loan fund to pay the administrative expenses of receivership
administrators under section 504B.445 for properties for occupancy
by low- and moderate-income persons or families. Landlords
must repay administrative expense payments made from the fund.
Chap. 504B - 504B.451
Removal of administrator.
Subdivision 1. Petition by administrator.
The administrator may, after notice to all parties, petition the
court to be relieved of duties, including in the petition the
reasons for it. The court may, in its discretion, grant the
petition and discharge the administrator upon approval of the
accounts.
Subd. 2. Petition by a party.
A party may, after notice to the administrator and all other
parties, petition the court to remove the administrator. If
the party shows good cause, the court shall order the administrator
removed and direct the administrator to immediately deliver to the
court an accounting of administration. The court may make any
other order necessary and appropriate under the circumstances.
Subd. 3. Appointment of new administrator.
If the administrator is removed, the court shall appoint a new
administrator in accordance with section 504B.445, giving all
parties an opportunity to be heard. Chap. 504B - 504B.455
Termination of administration.
Subdivision 1. Events of termination.
The administration shall be terminated upon one of the
following:
(1) certification is secured from the appropriate
governmental agency that the violations found by the court to exist
at the time of judgment have been remedied; or
(2) an order according to section 504B.445, subdivision 5.
Subd. 2. Accounting by administrator.
After the occurrence of any of the conditions in subdivision 1,
the administrator shall:
(1) submit to the court an accounting of receipts and
disbursements of the administration together with copies of all
bills, receipts, and other memoranda pertaining to the
administration, and, where appropriate, a certification by an
appropriate governmental agency that the violations found by the
court to exist at the time of judgment have been remedied; and
(2) comply with any other order the court makes as a
condition of discharge.
Subd. 3. Discharge of administrator.
Upon approval by the court of the administrator's accounts and
compliance by the administrator with any other order the court may
make as a condition of discharge, the court shall discharge the
administrator from any further responsibilities pursuant to section
504B.381 and sections 504B.395 to 504B.471. Chap. 504B -
504B.461
Waiver not allowed.
Any provision of a lease or other agreement in which a provision
of section 504B.381 or sections 504B.395 to 504B.471 is waived by a
residential tenant is contrary to public policy and void.
Chap. 504B - 504B.465
Purpose to provide additional remedies.
The purpose of section 504B.381 and sections 504B.395 to
504B.471 is to provide additional remedies and nothing contained in
those sections alters the ultimate financial liability of the
landlord or residential tenant for repairs or maintenance of the
building. Chap. 504B - 504B.471
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