SF 4034
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/03/2026 09:19 a.m.
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A bill for an act
relating to real property; establishing remedies for the removal of unauthorized
persons from property; amending Minnesota Statutes 2024, section 504B.001,
subdivision 12, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 500.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[500.35] REMEDY TO REMOVE UNAUTHORIZED PERSONS FROM
REAL PROPERTY.
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new text begin Subdivision 1. new text end
new text begin Right to request removal. new text end
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A property owner or the authorized agent of
a property owner may request the sheriff of the county in which the property is located to
remove a person unlawfully occupying residential real property if the following conditions
are met:
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(1) a person entered and remained on the owner's property without permission of an
owner or an agent of an owner;
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(2) the unauthorized person is not an owner or co-owner of the property, is not listed on
the title to the property, and has no legal right to occupy the property;
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(3) the property owner or agent of the owner has directed the unauthorized person to
leave the property and the person refuses to depart the property;
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(4) the unauthorized person is not a current or former residential tenant, as defined in
section 504B.001, subdivision 12, of the property owner;
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(5) the unauthorized person is not a family or household member, as defined in section
518B.01, subdivision 2, paragraph (b), of the property owner; and
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(6) there is no pending litigation related to the residential real property between the
property owner and the unauthorized person.
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new text begin Subd. 2. new text end
new text begin Complaint. new text end
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To request the immediate removal of person unlawfully occupying
residential real property, the property owner or the property owner's authorized agent must
submit a complaint by presenting a completed and signed Complaint to Remove Persons
Unlawfully Occupying Residential Real Property to the sheriff of the county in which the
real property is located. The complaint must be in substantially the following form:
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COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING
RESIDENTIAL REAL PROPERTY
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I, the owner or authorized agent of the owner of the real property located at ......................................................................, declare under the penalty of perjury, under Minnesota Statutes, section 609.48, that (initial each box): new text end |
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1. new text end |
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.
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I am the owner of the real property or the authorized agent of the owner of the real property. new text end |
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2. new text end |
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An unauthorized person or persons entered or are remaining on the real property without my permission or the permission of any owner. new text end |
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3. new text end |
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I have directed the unauthorized person or persons to leave the real property, but they have not done so. new text end |
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4. new text end |
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The person or persons are not current or former residential tenants as defined in section 504B.001, subdivision 12, pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent. new text end |
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5. new text end |
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The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and are not listed on the title to the property unless the person or persons have engaged in title fraud. new text end |
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6. new text end |
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The unauthorized person or persons are not family or household members, as defined in section 518B.01, subdivision 2, paragraph (b), of the property owner. new text end |
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7. new text end |
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There is no litigation related to the real property pending between the property owner and any person sought to be removed. new text end |
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8. new text end |
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I understand that a person or persons removed from the property pursuant to this complaint may bring a cause of action against me for any false statements made in this complaint, and that as a result of such action I may be held liable for treble damages, costs, and reasonable attorney fees. new text end |
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9. new text end |
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I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property. new text end |
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10. new text end |
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A copy of my valid government-issued identification is attached, and, if I am an agent of the property owner, documents evidencing my authority to act on the property owner's behalf are attached. new text end |
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I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY OF PERJURY. new text end |
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...(Signature of Property Owner or Agent of Owner)... new text end |
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new text begin Subd. 3. new text end
new text begin Verification; service; demand. new text end
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(a) Upon receipt of the complaint, the sheriff
shall verify that the person submitting the complaint is the record owner of the real property
or the authorized agent of the owner and appears otherwise entitled to relief under this
section.
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(b) If verified, the sheriff shall serve a notice to immediately vacate on all the persons
unlawfully occupying the residential property. Service may be accomplished by hand delivery
of the notice to the person unlawfully occupying the property or by posting the notice on
the front door or entrance of the property. The sheriff shall attempt to verify the identities
of all persons unlawfully occupying the property and note the identities on the return of
service.
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(c) The sheriff shall make a demand that the unauthorized person vacate the property.
If the unauthorized person refuses, the sheriff may take necessary actions to place the
property owner or authorized agent in possession of the property.
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new text begin Subd. 4. new text end
new text begin Fees. new text end
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The sheriff may charge to the property owner or the authorized agent of
the property owner a reasonable fee for:
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(1) service of the notice to immediately vacate under this section; or
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(2) if requested, stand by services to maintain the peace.
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new text begin Subd. 5. new text end
new text begin Immunity. new text end
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(a) A sheriff who, in good faith, relies on a complaint provided
under subdivision 2 and complies with this section to remove a person occupying residential
real property is not subject to any civil or criminal liability arising from the removal unless
the act or failure to act constitutes intentional or willful and wanton misconduct.
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(b) The property owner or the authorized agent of the property owner who makes a
request under this section is not liable to any party for the loss, destruction, or damage to
personal property unless the property owner or authorized agent knowingly provided false
statements, documentation, or other evidence.
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new text begin Subd. 6. new text end
new text begin Civil action; wrongful removal. new text end
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A person may bring a civil cause of action
against the property owner or authorized agent of the property owner who signed a complaint
under subdivision 2 alleging that the person was removed in violation of this section. The
court may restore the prevailing plaintiff to possession of the real property and shall award
to the prevailing plaintiff an amount equal to three times the damages incurred, costs, and
reasonable attorney fees.
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new text begin Subd. 7. new text end
new text begin Criminal penalty. new text end
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A property owner or authorized agent of the property owner
who submits a complaint under subdivision 2 and provides to the sheriff false statements,
documentation, or other evidence under this section, knowing that the statement,
documentation, or other evidence is false and intending that the sheriff rely on it, is guilty
of a misdemeanor.
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new text begin Subd. 8. new text end
new text begin Other remedies; authority of peace officer. new text end
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(a) This section does not limit
any other the right or remedy available to a property owner or limit the authority of a peace
officer.
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(b) Nothing in this section authorizes the use of force in excess of what may be necessary
under the circumstances.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2026, and applies to crimes
committed on or after that date, and causes of action accruing on or after that date.
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Sec. 2.
Minnesota Statutes 2024, section 504B.001, subdivision 12, is amended to read:
Subd. 12.
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.new text begin A residential tenant does not
include an unlawful occupant.
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Sec. 3.
Minnesota Statutes 2024, section 504B.001, is amended by adding a subdivision
to read:
new text begin Subd. 13c. new text end
new text begin Unlawful occupant. new text end
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"Unlawful occupant" means a person occupying a
dwelling in a residential building who:
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(1) is not a party to a lease with the landlord;
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(2) is not occupying a dwelling with a residential tenant who is a party to the lease; and
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(3) does not have written permission from the landlord to occupy the dwelling.
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