3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to landlord and tenant; recodifying the 1.3 landlord and tenant law; amending Minnesota Statutes 1.4 1998, sections 72A.20, subdivision 23; 82.24, 1.5 subdivision 7; 144.9504, subdivision 7; 144A.13, 1.6 subdivision 2; 144D.06; 216C.30, subdivision 5; 1.7 299C.67, subdivisions 5 and 7; 299C.69; 327C.02, 1.8 subdivision 2a; 327C.03, subdivision 4; 327C.10, 1.9 subdivision 1; 327C.11, subdivision 1; 363.033; 1.10 462A.05, subdivision 15; 462C.05, subdivision 8; 1.11 469.156; 471A.03, subdivision 6; 481.02, subdivision 1.12 3; 484.013, subdivision 2; 487.17; 487.24; 488A.01, 1.13 subdivisions 4a and 5; 488A.11; 488A.18, subdivisions 1.14 4 and 6; 491A.01, subdivision 9; 514.977; 515B.3-116; 1.15 515B.4-111; 576.01, subdivision 2; 609.33, subdivision 1.16 6; and 609.5317, subdivision 1; proposing coding for 1.17 new law as Minnesota Statutes, chapter 504B; repealing 1.18 Laws 1998, chapter 253, sections 1 to 79. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 ARTICLE 1 1.21 LANDLORD AND TENANT 1.22 Section 1. [504B.001] [DEFINITIONS.] 1.23 Subdivision 1. [APPLICABILITY.] For the purposes of this 1.24 chapter, the terms defined in this section have the meanings 1.25 given them. 1.26 Subd. 2. [CONTROLLED SUBSTANCE.] "Controlled substance" 1.27 means a drug, substance, or immediate precursor in Schedules I 1.28 through V of section 152.02. The term does not include 1.29 distilled spirits, wine, malt beverages, intoxicating liquors, 1.30 or tobacco. 1.31 Subd. 3. [DISTRESS FOR RENT.] "Distress for rent" means 1.32 the act of a landlord seizing personal property of the tenant or 2.1 other person to enforce payment of rent. 2.2 Subd. 4. [EVICT OR EVICTION.] "Evict" or "eviction" means 2.3 a summary court proceeding to remove a tenant or occupant from 2.4 or otherwise recover possession of real property by the process 2.5 of law set out in this chapter. 2.6 Subd. 5. [HOUSING-RELATED NEIGHBORHOOD ORGANIZATION.] 2.7 "Housing-related neighborhood organization" means a nonprofit 2.8 corporation incorporated under chapter 317A that: 2.9 (1) designates in its articles of incorporation or bylaws a 2.10 specific geographic community to which its activities are 2.11 limited; and 2.12 (2) is formed for the purposes of promoting community 2.13 safety, crime prevention, and housing quality in a 2.14 nondiscriminatory manner. 2.15 For purposes of this chapter, an action taken by a 2.16 neighborhood organization with the written permission of a 2.17 residential tenant means, with respect to a building with 2.18 multiple dwelling units, an action taken by the neighborhood 2.19 organization with the written permission of the residential 2.20 tenants of a majority of the occupied units. 2.21 Subd. 6. [INSPECTOR.] "Inspector" means the person charged 2.22 by the governing body of the political subdivision in which a 2.23 residential building is situated, with the responsibility of 2.24 enforcing provisions of local law, the breach of which could 2.25 constitute a violation as defined in subdivision 14, clause (1). 2.26 If there is no such person, "inspector" means the county agent 2.27 of a board of health as authorized under section 145A.04 or the 2.28 chair of the board of county commissioners, and in the case of a 2.29 manufactured home park, the state department of health or its 2.30 designee. 2.31 Subd. 7. [LANDLORD.] "Landlord" means an owner of real 2.32 property, a contract for deed vendee, receiver, executor, 2.33 trustee, lessee, agent, or other person directly or indirectly 2.34 in control of rental property. 2.35 Subd. 8. [LEASE.] "Lease" means an oral or written 2.36 agreement creating a tenancy in real property. 3.1 Subd. 9. [LICENSE.] "License" means a personal privilege 3.2 to do a particular act or series of acts on real property 3.3 without possessing any estate or interest in real property. It 3.4 may be created in writing or orally. 3.5 Subd. 10. [PERSON.] "Person" means a natural person, 3.6 corporation, limited liability company, partnership, joint 3.7 enterprise, or unincorporated association. 3.8 Subd. 11. [RESIDENTIAL BUILDING.] "Residential building" 3.9 means: 3.10 (1) a building used in whole or in part as a dwelling, 3.11 including single-family homes, multiple-family units such as 3.12 apartments, and structures containing both dwelling units and 3.13 units used for nondwelling purposes, and includes a manufactured 3.14 home park; or 3.15 (2) an unoccupied building which was previously used in 3.16 whole or in part as a dwelling and which constitutes a nuisance 3.17 under section 561.01. 3.18 Subd. 12. [RESIDENTIAL TENANT.] "Residential tenant" means 3.19 a person who is occupying a dwelling in a residential building 3.20 under a lease or contract, whether oral or written, that 3.21 requires the payment of money or exchange of services, all other 3.22 regular occupants of that dwelling unit, or a resident of a 3.23 manufactured home park. 3.24 Subd. 13. [TENANCY AT WILL.] "Tenancy at will" means a 3.25 tenancy in which the tenant holds possession by permission of 3.26 the landlord but without a fixed ending date. 3.27 Subd. 14. [VIOLATION.] "Violation" means: 3.28 (1) a violation of any state, county or city health, 3.29 safety, housing, building, fire prevention, or housing 3.30 maintenance code applicable to the building; 3.31 (2) a violation of any of the covenants set forth in 3.32 section 13, subdivision 1, clauses (1) or (2), or in section 15, 3.33 subdivision 1; or 3.34 (3) a violation of an oral or written agreement, lease, or 3.35 contract for the rental of a dwelling in a building. 3.36 Subd. 15. [WRIT OF RECOVERY OF PREMISES AND ORDER TO 4.1 VACATE.] "Writ of recovery of premises and order to vacate" 4.2 means the writ set out in section 52. 4.3 LEASING AND RENT 4.4 Sec. 2. [504B.101] [DISTRESS FOR RENT.] 4.5 The remedy of distress for rent is abolished. 4.6 Sec. 3. [504B.111] [WRITTEN LEASE REQUIRED; PENALTY.] 4.7 A landlord of a residential building with 12 or more 4.8 residential units must have a written lease for each unit rented 4.9 to a residential tenant. Notwithstanding any other state law or 4.10 city ordinance to the contrary, a landlord may ask for the 4.11 tenant's full name and date of birth on the lease and 4.12 application. A landlord who fails to provide a lease, as 4.13 required under this section, is guilty of a petty misdemeanor. 4.14 Sec. 4. [504B.115] [TENANT TO BE GIVEN COPY OF LEASE.] 4.15 Subdivision 1. [COPY OF WRITTEN LEASE TO TENANT.] Where 4.16 there is a written lease, a landlord must give a copy to a 4.17 tenant occupying a dwelling unit whose signature appears on the 4.18 lease agreement. The landlord may obtain a signed and dated 4.19 receipt, either as a separate document or an acknowledgment 4.20 included in the lease agreement itself, from the tenant 4.21 acknowledging that the tenant has received a copy of the lease. 4.22 This signed receipt or acknowledgment is prima facie evidence 4.23 that the tenant has received a copy of the lease. 4.24 Subd. 2. [LEGAL ACTION TO ENFORCE LEASE.] In any legal 4.25 action to enforce a written lease, except for nonpayment of 4.26 rent, disturbing the peace, malicious destruction of property, 4.27 or a violation of section 15, it is a defense for the tenant to 4.28 prove that the landlord failed to comply with subdivision 1. 4.29 This defense may be overcome if the landlord proves that the 4.30 tenant had actual knowledge of the term or terms of the lease 4.31 upon which any legal action is based. 4.32 Sec. 5. [504B.121] [TENANT MAY NOT DENY TITLE; EXCEPTION.] 4.33 A tenant in possession of real property under a lawful 4.34 lease may not deny the landlord's title in an action brought by 4.35 the landlord to recover possession of the property. This 4.36 prohibition does not apply to a tenant who, prior to entering 5.1 into the lease, possessed the property under a claim of title 5.2 that was adverse or hostile to that of the landlord. 5.3 Sec. 6. [504B.125] [PERSON IN POSSESSION LIABLE FOR RENT; 5.4 EVIDENCE.] 5.5 Every person in possession of land out of which any rent is 5.6 due, whether it was originally demised in fee, or for any other 5.7 estate of freehold or for any term of years, shall be liable for 5.8 the amount or proportion of rent due from the land in 5.9 possession, although it be only a part of the land originally 5.10 demised. Such rent may be recovered in a civil action, and the 5.11 deed, demise, or other instrument showing the provisions of the 5.12 lease may be used in evidence by either party to prove the 5.13 amount due from the defendant. Nothing herein contained shall 5.14 deprive landlords of any other legal remedy for the recovery of 5.15 rent, whether secured to them by their leases or provided by law. 5.16 Sec. 7. [504B.131] [RENT LIABILITY; UNINHABITABLE 5.17 BUILDINGS.] 5.18 A tenant or occupant of a building that is destroyed or 5.19 becomes uninhabitable or unfit for occupancy through no fault or 5.20 neglect of the tenant or occupant may vacate and surrender such 5.21 a building. A tenant or occupant may expressly agree otherwise 5.22 except as prohibited by section 13. 5.23 Sec. 8. [504B.135] [TERMINATING TENANCY AT WILL.] 5.24 (a) A tenancy at will may be terminated by either party by 5.25 giving notice in writing. The time of the notice must be at 5.26 least as long as the interval between the time rent is due or 5.27 three months, whichever is less. 5.28 (b) If a tenant neglects or refuses to pay rent due on a 5.29 tenancy at will, the landlord may terminate the tenancy by 5.30 giving the tenant 14 days notice to quit in writing. 5.31 Sec. 9. [504B.141] [URBAN REAL ESTATE; HOLDING OVER.] 5.32 When a tenant of urban real estate, or any interest 5.33 therein, holds over and retains possession after expiration of 5.34 the lease without the landlord's express agreement, no tenancy 5.35 for any period other than the shortest interval between the 5.36 times of payment of rent under the terms of the expired lease 6.1 shall be implied. 6.2 Sec. 10. [504B.145] [RESTRICTION ON AUTOMATIC RENEWALS OF 6.3 LEASES.] 6.4 Notwithstanding the provisions of any residential lease, in 6.5 order to enforce any automatic renewal clause of a lease of an 6.6 original term of two months or more which states, in effect, 6.7 that the term shall be deemed renewed for a specified additional 6.8 period of time of two months or more unless the tenant gives 6.9 notice to the landlord of an intention to quit the premises at 6.10 the expiration of the term due to expire, the landlord must give 6.11 notice to the tenant as provided in this section. The notice 6.12 must be in writing and direct the tenant's attention to the 6.13 automatic renewal provision of the lease. The notice must be 6.14 served personally or mailed by certified mail at least 15 days, 6.15 but not more than 30 days prior to the time that the tenant is 6.16 required to furnish notice of an intention to quit. 6.17 Sec. 11. [504B.151] [RESTRICTION ON RESIDENTIAL LEASE 6.18 TERMS FOR BUILDINGS IN FINANCIAL DISTRESS.] 6.19 Once a landlord has received notice of a contract for deed 6.20 cancellation under section 559.21 or notice of a mortgage 6.21 foreclosure sale under chapter 580 or 582, the landlord may 6.22 enter into a periodic residential lease agreement with a term of 6.23 two months or less or a fixed term residential tenancy not 6.24 extending beyond the cancellation period or the landlord's 6.25 period of redemption until: 6.26 (1) the contract for deed has been reinstated or paid in 6.27 full; 6.28 (2) the mortgage default has been cured and the mortgage 6.29 reinstated; 6.30 (3) the mortgage has been satisfied; 6.31 (4) the property has been redeemed from a foreclosure sale; 6.32 or 6.33 (5) a receiver has been appointed. 6.34 This section does not apply to a manufactured home park as 6.35 defined in section 327C.01, subdivision 5. 6.36 OBLIGATIONS AND COVENANTS 7.1 Sec. 12. [504B.155] [TENANT MUST GIVE COLD WEATHER NOTICE 7.2 BEFORE VACATION OF BUILDING.] 7.3 Except upon the termination of the tenancy, a tenant who, 7.4 between November 15 and April 15, removes from, abandons, or 7.5 vacates a building or any part thereof that contains plumbing, 7.6 water, steam, or other pipes liable to injury from freezing, 7.7 without first giving to the landlord three days' notice of 7.8 intention so to remove is guilty of a misdemeanor. 7.9 Sec. 13. [504B.161] [COVENANTS OF LANDLORD OR LICENSOR.] 7.10 Subdivision 1. [REQUIREMENTS.] In every lease or license 7.11 of residential premises, the landlord or licensor covenants: 7.12 (1) that the premises and all common areas are fit for the 7.13 use intended by the parties; 7.14 (2) to keep the premises in reasonable repair during the 7.15 term of the lease or license, except when the disrepair has been 7.16 caused by the willful, malicious, or irresponsible conduct of 7.17 the tenant or licensee or a person under the direction or 7.18 control of the licensee; and 7.19 (3) to maintain the premises in compliance with the 7.20 applicable health and safety laws of the state, including the 7.21 weatherstripping, caulking, storm window, and storm door energy 7.22 efficiency standards for renter-occupied residences prescribed 7.23 by section 216C.27, subdivisions 1 and 3, and of the local units 7.24 of government where the premises are located during the term of 7.25 the lease or license, except when violation of the health and 7.26 safety laws has been caused by the willful, malicious, or 7.27 irresponsible conduct of the tenant or licensee or a person 7.28 under the direction or control of the tenant or licensee. 7.29 The parties to a lease or license of residential premises 7.30 may not waive or modify the covenants imposed by this section. 7.31 Subd. 2. [TENANT MAINTENANCE.] The landlord or licensor 7.32 may agree with the tenant or licensee that the tenant or 7.33 licensee is to perform specified repairs or maintenance, but 7.34 only if the agreement is supported by adequate consideration and 7.35 set forth in a conspicuous writing. No such agreement, however, 7.36 may waive the provisions of subdivision 1 or relieve the 8.1 landlord or licensor of the duty to maintain common areas of the 8.2 premises. 8.3 Subd. 3. [LIBERAL CONSTRUCTION.] This section shall be 8.4 liberally construed, and the opportunity to inspect the premises 8.5 before concluding a lease or license shall not defeat the 8.6 covenants established in this section. 8.7 Subd. 4. [COVENANTS ARE IN ADDITION.] The covenants 8.8 contained in this section are in addition to any covenants or 8.9 conditions imposed by law or ordinance or by the terms of the 8.10 lease or license. 8.11 Subd. 5. [INJURY TO THIRD PARTIES.] Nothing in this 8.12 section shall be construed to alter the liability of the 8.13 landlord or licensor of residential premises for injury to third 8.14 parties. 8.15 Subd. 6. [APPLICATION.] The provisions of this section 8.16 apply only to leases or licenses of residential premises 8.17 concluded or renewed on or after June 15, 1971. For the 8.18 purposes of this section, estates at will shall be deemed to be 8.19 renewed at the commencement of each rental period. 8.20 Sec. 14. [504B.165] [UNLAWFUL DESTRUCTION; DAMAGES.] 8.21 (a) An action may be brought for willful and malicious 8.22 destruction of leased residential rental property. The 8.23 prevailing party may recover actual damages, costs, and 8.24 reasonable attorney fees, as well as other equitable relief as 8.25 determined by the court. 8.26 (b) The remedies provided in this section are in addition 8.27 to and shall not limit other rights or remedies available to 8.28 landlords and tenants. Any provision, whether oral or written, 8.29 of any lease or other agreement, whereby any provision of this 8.30 section is waived by a tenant, is contrary to public policy and 8.31 void. 8.32 Sec. 15. [504B.171] [COVENANT OF LANDLORD AND TENANT NOT 8.33 TO ALLOW UNLAWFUL ACTIVITIES.] 8.34 Subdivision 1. [TERMS OF COVENANT.] In every lease or 8.35 license of residential premises, whether in writing or parol, 8.36 the landlord or licensor and the tenant or licensee covenant 9.1 that: 9.2 (1) neither will: 9.3 (i) unlawfully allow controlled substances in those 9.4 premises or in the common area and curtilage of the premises; 9.5 (ii) allow prostitution or prostitution-related activity as 9.6 defined in section 617.80, subdivision 4, to occur on the 9.7 premises or in the common area and curtilage of the premises; 9.8 (iii) allow the unlawful use or possession of a firearm in 9.9 violation of section 609.66, subdivision 1a, 609.67, or 624.713, 9.10 on the premises or in the common area and curtilage of the 9.11 premises; or 9.12 (iv) allow stolen property or property obtained by robbery 9.13 in those premises or in the common area and curtilage of the 9.14 premises; and 9.15 (2) the common area and curtilage of the premises will not 9.16 be used by either the landlord or licensor or the tenant or 9.17 licensee or others acting under the control of either to 9.18 manufacture, sell, give away, barter, deliver, exchange, 9.19 distribute, purchase, or possess a controlled substance in 9.20 violation of any criminal provision of chapter 152. The 9.21 covenant is not violated when a person other than the landlord 9.22 or licensor or the tenant or licensee possesses or allows 9.23 controlled substances in the premises, common area, or 9.24 curtilage, unless the landlord or licensor or the tenant or 9.25 licensee knew or had reason to know of that activity. 9.26 Subd. 2. [BREACH VOIDS RIGHT TO POSSESSION.] A breach of 9.27 the covenant created by subdivision 1 voids the tenant's or 9.28 licensee's right to possession of the residential premises. All 9.29 other provisions of the lease or license, including but not 9.30 limited to the obligation to pay rent, remain in effect until 9.31 the lease is terminated by the terms of the lease or operation 9.32 of law. If the tenant or licensee breaches the covenant created 9.33 by subdivision 1, the landlord may bring, or assign to the 9.34 county attorney of the county in which the residential premises 9.35 are located, the right to bring an eviction action against the 9.36 tenant or licensee. The assignment must be in writing on a form 10.1 provided by the county attorney, and the county attorney may 10.2 determine whether to accept the assignment. If the county 10.3 attorney accepts the assignment of the landlord's right to bring 10.4 an eviction action: 10.5 (1) any court filing fee that would otherwise be required 10.6 in an eviction action is waived; and 10.7 (2) the landlord retains all the rights and duties, 10.8 including removal of the tenant's or licensee's personal 10.9 property, following issuance of the writ of recovery of premises 10.10 and order to vacate and delivery of the writ to the sheriff for 10.11 execution. 10.12 Subd. 3. [WAIVER NOT ALLOWED.] The parties to a lease or 10.13 license of residential premises may not waive or modify the 10.14 covenant imposed by this section. 10.15 Sec. 16. [504B.178] [INTEREST ON SECURITY DEPOSITS; 10.16 WITHHOLDING SECURITY DEPOSITS; DAMAGES; LIMIT ON WITHHOLDING 10.17 LAST MONTH'S RENT.] 10.18 Subdivision 1. [APPLICABILITY.] Any deposit of money, the 10.19 function of which is to secure the performance of a residential 10.20 rental agreement or any part of such an agreement, other than a 10.21 deposit which is exclusively an advance payment of rent, shall 10.22 be governed by the provisions of this section. 10.23 Subd. 2. [INTEREST.] Any deposit of money shall not be 10.24 considered received in a fiduciary capacity within the meaning 10.25 of section 82.17, subdivision 7, but shall be held by the 10.26 landlord for the tenant who is party to the agreement and shall 10.27 bear simple noncompounded interest at the rate of three percent 10.28 per annum until May 1, 2001, and four percent per annum 10.29 thereafter, computed from the first day of the next month 10.30 following the full payment of the deposit to the last day of the 10.31 month in which the landlord, in good faith, complies with the 10.32 requirements of subdivision 3 or to the date upon which judgment 10.33 is entered in any civil action involving the landlord's 10.34 liability for the deposit, whichever date is earlier. Any 10.35 interest amount less than $1 shall be excluded from the 10.36 provisions of this section. 11.1 Subd. 3. [RETURN OF SECURITY DEPOSIT.] (a) Every landlord 11.2 shall: 11.3 (1) within three weeks after termination of the tenancy; or 11.4 (2) within five days of the date when the tenant leaves the 11.5 building or dwelling due to the legal condemnation of the 11.6 building or dwelling in which the tenant lives for reasons not 11.7 due to willful, malicious, or irresponsible conduct of the 11.8 tenant, 11.9 and after receipt of the tenant's mailing address or delivery 11.10 instructions, return the deposit to the tenant, with interest 11.11 thereon as provided in subdivision 2, or furnish to the tenant a 11.12 written statement showing the specific reason for the 11.13 withholding of the deposit or any portion thereof. 11.14 (b) It shall be sufficient compliance with the time 11.15 requirement of this subdivision if the deposit or written 11.16 statement required by this subdivision is placed in the United 11.17 States mail as first class mail, postage prepaid, in an envelope 11.18 with a proper return address, correctly addressed according to 11.19 the mailing address or delivery instructions furnished by the 11.20 tenant, within the time required by this subdivision. The 11.21 landlord may withhold from the deposit only amounts reasonably 11.22 necessary: 11.23 (1) to remedy tenant defaults in the payment of rent or of 11.24 other funds due to the landlord pursuant to an agreement; or 11.25 (2) to restore the premises to their condition at the 11.26 commencement of the tenancy, ordinary wear and tear excepted. 11.27 (c) In any action concerning the deposit, the burden of 11.28 proving, by a fair preponderance of the evidence, the reason for 11.29 withholding all or any portion of the deposit shall be on the 11.30 landlord. 11.31 Subd. 4. [DAMAGES.] Any landlord who fails to: 11.32 (1) provide a written statement within three weeks of 11.33 termination of the tenancy; 11.34 (2) provide a written statement within five days of the 11.35 date when the tenant leaves the building or dwelling due to the 11.36 legal condemnation of the building or dwelling in which the 12.1 tenant lives for reasons not due to willful, malicious, or 12.2 irresponsible conduct of the tenant; or 12.3 (3) transfer or return a deposit as required by subdivision 12.4 5, 12.5 after receipt of the tenant's mailing address or delivery 12.6 instructions, as required in subdivision 3, is liable to the 12.7 tenant for damages in an amount equal to the portion of the 12.8 deposit withheld by the landlord and interest thereon as 12.9 provided in subdivision 2, as a penalty, in addition to the 12.10 portion of the deposit wrongfully withheld by the landlord and 12.11 interest thereon. 12.12 Subd. 5. [RETURN OF DEPOSIT.] Upon termination of the 12.13 landlord's interest in the premises, whether by sale, 12.14 assignment, death, appointment of receiver or otherwise, the 12.15 landlord or the landlord's agent shall, within 60 days of 12.16 termination of the interest or when the successor in interest is 12.17 required to return or otherwise account for the deposit to the 12.18 tenant, whichever occurs first, do one of the following acts, 12.19 either of which shall relieve the landlord or agent of further 12.20 liability with respect to such deposit: 12.21 (1) transfer the deposit, or any remainder after any lawful 12.22 deductions made under subdivision 3, with interest thereon as 12.23 provided in subdivision 2, to the landlord's successor in 12.24 interest and thereafter notify the tenant of the transfer and of 12.25 the transferee's name and address; or 12.26 (2) return the deposit, or any remainder after any lawful 12.27 deductions made under subdivision 3, with interest thereon as 12.28 provided in subdivision 2, to the tenant. 12.29 Subd. 6. [SUCCESSOR IN INTEREST.] Upon termination of the 12.30 landlord's interest in the premises, whether by sale, 12.31 assignment, death, appointment of receiver or otherwise, the 12.32 landlord's successor in interest shall have all of the rights 12.33 and obligations of the landlord with respect to the deposit, 12.34 except that if tenant does not object to the stated amount 12.35 within 20 days after written notice to tenant of the amount of 12.36 deposit being transferred or assumed, the obligation of the 13.1 landlord's successor to return the deposit shall be limited to 13.2 the amount contained in the notice. The notice shall contain a 13.3 stamped envelope addressed to landlord's successor and may be 13.4 given by mail or by personal service. 13.5 Subd. 7. [BAD FAITH RETENTION.] The bad faith retention by 13.6 a landlord of a deposit, the interest thereon, or any portion 13.7 thereof, in violation of this section shall subject the landlord 13.8 to punitive damages not to exceed $200 for each deposit in 13.9 addition to the damages provided in subdivision 4. If the 13.10 landlord has failed to comply with the provisions of subdivision 13.11 3 or 5, retention of a deposit shall be presumed to be in bad 13.12 faith unless the landlord returns the deposit within two weeks 13.13 after the commencement of any action for the recovery of the 13.14 deposit. 13.15 Subd. 8. [WITHHOLDING RENT.] No tenant may withhold 13.16 payment of all or any portion of rent for the last payment 13.17 period of a residential rental agreement, except an oral or 13.18 written month to month residential rental agreement concerning 13.19 which neither the tenant nor landlord has served a notice to 13.20 quit, on the grounds that the deposit should serve as payment 13.21 for the rent. Withholding all or any portion of rent for the 13.22 last payment period of the residential rental agreement creates 13.23 a rebuttable presumption that the tenant withheld the last 13.24 payment on the grounds that the deposit should serve as payment 13.25 for the rent. Any tenant who remains in violation of this 13.26 subdivision after written demand and notice of this subdivision 13.27 shall be liable to the landlord for the following: 13.28 (1) a penalty in an amount equal to the portion of the 13.29 deposit which the landlord is entitled to withhold under 13.30 subdivision 3 other than to remedy the tenant's default in the 13.31 payment of rent; and 13.32 (2) interest on the whole deposit as provided in 13.33 subdivision 2, in addition to the amount of rent withheld by the 13.34 tenant in violation of this subdivision. 13.35 Subd. 9. [ACTION TO RECOVER DEPOSIT.] An action, including 13.36 an action in conciliation court, for the recovery of a deposit 14.1 on rental property may be brought in the county where the rental 14.2 property is located, or at the option of the tenant, in the 14.3 county of the landlord's residence. 14.4 Subd. 10. [WAIVER.] Any attempted waiver of this section 14.5 by a landlord and tenant, by contract or otherwise, shall be 14.6 void and unenforceable. 14.7 Subd. 11. [TENANCIES AFTER JULY 1, 1973.] The provisions 14.8 of this section shall apply only to tenancies commencing or 14.9 renewed on or after July 1, 1973. For the purposes of this 14.10 section, estates at will shall be deemed to be renewed at the 14.11 commencement of each rental period. 14.12 Sec. 17. [504B.181] [LANDLORD OR AGENT DISCLOSURE.] 14.13 Subdivision 1. [DISCLOSURE TO TENANT.] There shall be 14.14 disclosed to the residential tenant either in the rental 14.15 agreement or otherwise in writing prior to commencement of the 14.16 tenancy the name and address of: 14.17 (1) the person authorized to manage the premises; and 14.18 (2) the landlord of the premises or an agent authorized by 14.19 the landlord to accept service or process and receive and give 14.20 receipt for notices and demands. 14.21 Subd. 2. [POSTING OF NOTICE.] (a) A printed or typewritten 14.22 notice containing the information which must be disclosed under 14.23 subdivision 1 shall be placed in a conspicuous place on the 14.24 premises. This subdivision is complied with if notices posted 14.25 in compliance with other statutes or ordinances contain the 14.26 information required by this section. 14.27 (b) Unless the landlord is required to post a notice by 14.28 section 471.9995, the landlord shall also place a notice in a 14.29 conspicuous place on the property that states that a copy of the 14.30 statement required by section 36 is available from the attorney 14.31 general to any residential tenant upon request. 14.32 Subd. 3. [SERVICE OF PROCESS.] If subdivisions 1 and 2 14.33 have not been complied with and a person desiring to make 14.34 service of process upon or give a notice or demand to the 14.35 landlord does not know the name and address of the landlord or 14.36 the landlord's agent, as that term is used in subdivision 1, 15.1 then a caretaker or manager of the premises or an individual to 15.2 whom rental payments for the premises are made shall be deemed 15.3 to be an agent authorized to accept service of process and 15.4 receive and give receipt for notices and demands on behalf of 15.5 the landlord. In case of service of process upon or receipt of 15.6 notice or demand by a person who is deemed to be an agent 15.7 pursuant to this subdivision, this person shall give the 15.8 process, notice, or demand, or a copy thereof, to the landlord 15.9 personally or shall send it by certified mail, return receipt 15.10 requested, to the landlord at the landlord's last known address. 15.11 Subd. 4. [INFORMATION REQUIRED FOR MAINTENANCE OF ACTION.] 15.12 Except as otherwise provided in this subdivision, no action to 15.13 recover rent or possession of the premises shall be maintained 15.14 unless the information required by this section has been 15.15 disclosed to the tenant in the manner provided in this section, 15.16 or unless the information required by this section is known by 15.17 or has been disclosed to the tenant at least 30 days prior to 15.18 the initiation of such action. Failure by the landlord to post 15.19 a notice required by subdivision 2, or section 471.9995 shall 15.20 not prevent any action to recover rent or possession of the 15.21 premises. 15.22 Subd. 5. [NOTICE TO LANDLORD.] Any residential tenant who 15.23 moves from or subleases the premises without giving the landlord 15.24 at least 30 days written notice shall void any provision of this 15.25 section and section 19, as to that tenant. 15.26 Subd. 6. [SUCCESSORS.] This section extends to and is 15.27 enforceable against any successor landlord or individual to whom 15.28 rental payments for the premises are made. 15.29 BUILDING INSPECTION REPORTS; 15.30 BUILDING CODE VIOLATIONS; 15.31 CONDEMNED BUILDINGS 15.32 Sec. 18. [504B.185] [INSPECTION; NOTICE.] 15.33 Subdivision 1. [WHO MAY REQUEST.] If requested by a 15.34 residential tenant, a housing-related neighborhood organization 15.35 with the written permission of a residential tenant, or, if a 15.36 residential building is unoccupied, by a housing-related 16.1 neighborhood organization, an inspection shall be made by the 16.2 local authority charged with enforcing a code claimed to be 16.3 violated. 16.4 Subd. 2. [NOTICE.] (a) After the local authority has 16.5 inspected the residential building under subdivision 1, the 16.6 inspector shall inform the landlord or the landlord's agent and 16.7 the residential tenant or housing-related neighborhood 16.8 organization in writing of any code violations discovered. 16.9 (b) A reasonable period of time must be allowed in which to 16.10 correct the violations. 16.11 Sec. 19. [504B.191] [CODE VIOLATIONS RECORDS; DISCLOSURE.] 16.12 All code violation records pertaining to a particular 16.13 parcel of real property and the buildings, improvements, and 16.14 dwelling units located thereon kept by any state, county, or 16.15 city agency charged by the governing body of the appropriate 16.16 political subdivision with the responsibility for enforcing a 16.17 state, county, or city health, housing, building, fire 16.18 prevention, or housing maintenance code shall be available to 16.19 all persons having a reasonable need for the information 16.20 contained in the records relating to the premises, at reasonable 16.21 times and upon reasonable notice to the custodian of the 16.22 records, for inspection, examination, abstracting, or copying at 16.23 the expense of the person obtaining the information. The 16.24 persons to whom the records shall be available under this 16.25 section include, but are not limited to, the following persons 16.26 and their representatives: 16.27 (1) any person having any legal or beneficial interest in 16.28 the premises, including a tenant; 16.29 (2) any person considering in good faith the lease or 16.30 purchase of the premises; 16.31 (3) any person authorized to request an inspection under 16.32 section 18; and 16.33 (4) a party to any action related to the premises, 16.34 including actions maintained pursuant to sections 13, 15, or 58 16.35 to 72. 16.36 Sec. 20. [504B.195] [DISCLOSURE REQUIRED FOR OUTSTANDING 17.1 INSPECTION AND CONDEMNATION ORDERS.] 17.2 Subdivision 1. [DISCLOSURE TO TENANT.] (a) Except as 17.3 provided in subdivision 3, a landlord, agent, or person acting 17.4 under the landlord's direction or control shall provide a copy 17.5 of all outstanding inspection orders for which a citation has 17.6 been issued, pertaining to a rental unit or common area, 17.7 specifying code violations issued under section 18, that the 17.8 housing inspector identifies as requiring notice because the 17.9 violations threaten the health or safety of the tenant, and all 17.10 outstanding condemnation orders and declarations that the 17.11 premises are unfit for human habitation to: 17.12 (1) a tenant, either by delivery or by United States mail, 17.13 postage prepaid, within 72 hours after issuance of the citation; 17.14 (2) a person before signing a lease or paying rent or a 17.15 security deposit to begin a new tenancy; and 17.16 (3) a person prior to obtaining new ownership of the 17.17 property subject to the order or declaration. The housing 17.18 inspector shall indicate on the inspection order whether the 17.19 violation threatens the health or safety of a tenant or 17.20 prospective tenant. 17.21 (b) If an inspection order, for which a citation has been 17.22 issued, does not involve code violations that threaten the 17.23 health or safety of the tenants, the landlord, agent, or person 17.24 acting under the landlord's control shall post a summary of the 17.25 inspection order in a conspicuous place in each building 17.26 affected by the inspection order, along with a notice that the 17.27 inspection order will be made available by the landlord for 17.28 review, upon a request of a tenant or prospective tenant. The 17.29 landlord shall provide a copy of the inspection order for review 17.30 by a tenant or a prospective tenant as required under this 17.31 subdivision. 17.32 Subd. 2. [PENALTY.] If the landlord, agent, or person 17.33 acting under the landlord's direction or control violates this 17.34 section, the tenant is entitled to remedies provided by section 17.35 8.31, subdivision 3a, and other equitable relief as determined 17.36 by the court. 18.1 Subd. 3. [EXCEPTION.] A landlord, agent, or person acting 18.2 under the landlord's direction or control is not in violation of 18.3 this section if: 18.4 (1) the landlord, agent, or person acting under the 18.5 landlord's direction or control has received only an initial 18.6 order to repair; 18.7 (2) the time allowed to complete the repairs, including any 18.8 extension of the deadline, has not yet expired, or less than 60 18.9 days has elapsed since the expiration date of repair orders and 18.10 any extension or no citation has been issued; or 18.11 (3) the landlord, agent, or person acting under the 18.12 landlord's direction or control completes the repairs within the 18.13 time given to repair, including any extension of the deadline. 18.14 Subd. 4. [LANDLORD'S DEFENSE.] It is an affirmative 18.15 defense in an action brought under this section for the 18.16 landlord, agent, or person acting under the landlord's control 18.17 to prove that disclosure was made as required under subdivision 18.18 1. 18.19 Subd. 5. [REMEDIES ADDITIONAL.] The remedies provided in 18.20 this section are in addition to and shall not limit other rights 18.21 or remedies available to landlords and tenants. Any provision, 18.22 whether oral or written, of any lease or other agreement, 18.23 whereby any provision of this section is waived by a tenant, is 18.24 contrary to public policy and void. 18.25 Sec. 21. [504B.204] [ACTION FOR RENTAL OF CONDEMNED 18.26 RESIDENTIAL PREMISES.] 18.27 (a) A landlord, agent, or person acting under the 18.28 landlord's direction or control may not accept rent or a 18.29 security deposit for residential rental property from a tenant 18.30 after the leased premises have been condemned or declared unfit 18.31 for human habitation by the applicable state or local authority, 18.32 if the tenancy commenced after the premises were condemned or 18.33 declared unfit for human habitation. If a landlord, agent, or a 18.34 person acting under the landlord's direction or control violates 18.35 this section, the landlord is liable to the tenant for actual 18.36 damages and an amount equal to three times the amount of all 19.1 money collected from the tenant after date of condemnation or 19.2 declaration, plus costs and attorney fees. 19.3 (b) The remedies provided in this section are in addition 19.4 to and shall not limit other rights or remedies available to 19.5 landlords and tenants. Any provision, whether oral or written, 19.6 of any lease or other agreement, whereby any provision of this 19.7 section is waived by a tenant, is contrary to public policy and 19.8 void. 19.9 TENANT'S RIGHTS 19.10 Sec. 22. [504B.205] [RESIDENTIAL TENANT'S RIGHT TO SEEK 19.11 POLICE AND EMERGENCY ASSISTANCE.] 19.12 Subdivision 1. [DEFINITIONS.] In this section, "Domestic 19.13 abuse" has the meaning given in section 518B.01, subdivision 2. 19.14 Subd. 2. [EMERGENCY CALLS PERMITTED.] (a) A landlord may 19.15 not: 19.16 (1) bar or limit a residential tenant's right to call for 19.17 police or emergency assistance in response to domestic abuse or 19.18 any other conduct; or 19.19 (2) impose a penalty on a residential tenant for calling 19.20 for police or emergency assistance in response to domestic abuse 19.21 or any other conduct. 19.22 (b) A residential tenant may not waive and a landlord may 19.23 not require the residential tenant to waive the residential 19.24 tenant's right to call for police or emergency assistance. 19.25 Subd. 3. [LOCAL PREEMPTION.] This section preempts any 19.26 inconsistent local ordinance or rule including, without 19.27 limitation, any ordinance or rule that: 19.28 (1) requires an eviction after a specified number of calls 19.29 by a residential tenant for police or emergency assistance in 19.30 response to domestic abuse or any other conduct; or 19.31 (2) provides that calls by a residential tenant for police 19.32 or emergency assistance in response to domestic abuse or any 19.33 other conduct may be used to penalize or charge a fee to a 19.34 landlord. 19.35 This subdivision shall not otherwise preempt any local 19.36 ordinance or rule that penalizes a landlord for, or requires a 20.1 landlord to abate, conduct on the premises that constitutes a 20.2 nuisance or other disorderly conduct as defined by local 20.3 ordinance or rule. 20.4 Subd. 4. [RESIDENTIAL TENANT RESPONSIBILITY.] This section 20.5 shall not be construed to condone or permit any breach of a 20.6 lease or of law by a residential tenant including, but not 20.7 limited to, disturbing the peace and quiet of other tenants, 20.8 damage to property, and disorderly conduct. 20.9 Subd. 5. [RESIDENTIAL TENANT REMEDIES.] A residential 20.10 tenant may bring a civil action for a violation of this section 20.11 and recover from the landlord $250 or actual damages, whichever 20.12 is greater, and reasonable attorney's fees. 20.13 Subd. 6. [ATTORNEY GENERAL AUTHORITY.] The attorney 20.14 general has authority under section 8.31 to investigate and 20.15 prosecute violations of this section. 20.16 Sec. 23. [504B.211] [RESIDENTIAL TENANT'S RIGHT TO 20.17 PRIVACY.] 20.18 Subdivision 1. [DEFINITIONS.] For purposes of this 20.19 section, "landlord" has the meaning defined in section 1, 20.20 subdivision 7, and also includes the landlord's agent or other 20.21 person acting under the landlord's direction and control. 20.22 Subd. 2. [ENTRY BY LANDLORD.] Except as provided in 20.23 subdivision 5, a landlord may enter the premises rented by a 20.24 residential tenant only for a reasonable business purpose and 20.25 after making a good faith effort to give the residential tenant 20.26 reasonable notice under the circumstances of the intent to 20.27 enter. A residential tenant may not waive and the landlord may 20.28 not require the residential tenant to waive the residential 20.29 tenant's right to prior notice of entry under this section as a 20.30 condition of entering into or maintaining the lease. 20.31 Subd. 3. [REASONABLE PURPOSE.] For purposes of subdivision 20.32 2, a reasonable business purpose includes, but is not limited to: 20.33 (1) showing the unit to prospective residential tenants 20.34 during the notice period before the lease terminates or after 20.35 the current residential tenant has given notice to move to the 20.36 landlord or the landlord's agent; 21.1 (2) showing the unit to a prospective buyer or to an 21.2 insurance representative; 21.3 (3) performing maintenance work; 21.4 (4) allowing inspections by state, county, or city 21.5 officials charged in the enforcement of health, housing, 21.6 building, fire prevention, or housing maintenance codes; 21.7 (5) the residential tenant is causing a disturbance within 21.8 the unit; 21.9 (6) the landlord has a reasonable belief that the 21.10 residential tenant is violating the lease within the residential 21.11 tenant's unit; 21.12 (7) prearranged housekeeping work in senior housing where 21.13 80 percent or more of the residential tenants are age 55 or 21.14 older; 21.15 (8) the landlord has a reasonable belief that the unit is 21.16 being occupied by an individual without a legal right to occupy 21.17 it; or 21.18 (9) the residential tenant has vacated the unit. 21.19 Subd. 4. [EXCEPTION TO NOTICE 21.20 REQUIREMENT.] Notwithstanding subdivision 2, a landlord may 21.21 enter the premises rented by a residential tenant to inspect or 21.22 take appropriate action without prior notice to the residential 21.23 tenant if the landlord reasonably suspects that: 21.24 (1) immediate entry is necessary to prevent injury to 21.25 persons or property because of conditions relating to 21.26 maintenance, building security, or law enforcement; 21.27 (2) immediate entry is necessary to determine a residential 21.28 tenant's safety; or 21.29 (3) immediate entry is necessary in order to comply with 21.30 local ordinances regarding unlawful activity occurring within 21.31 the residential tenant's premises. 21.32 Subd. 5. [ENTRY WITHOUT RESIDENTIAL TENANT'S PRESENCE.] If 21.33 the landlord enters when the residential tenant is not present 21.34 and prior notice has not been given, the landlord shall disclose 21.35 the entry by placing a written disclosure of the entry in a 21.36 conspicuous place in the premises. 22.1 Subd. 6. [PENALTY.] If a landlord substantially violates 22.2 subdivision 2, the residential tenant is entitled to a penalty 22.3 which may include a rent reduction up to full rescission of the 22.4 lease, recovery of any damage deposit less any amount retained 22.5 under section 16, and up to a $100 civil penalty for each 22.6 violation. If a landlord violates subdivision 5, the 22.7 residential tenant is entitled to up to a $100 civil penalty for 22.8 each violation. A residential tenant shall follow the 22.9 procedures in sections 56, 57, and 59 to 73 to enforce the 22.10 provisions of this section. 22.11 Subd. 7. [EXEMPTION.] This section does not apply to 22.12 residential tenants and landlords of manufactured home parks as 22.13 defined in section 327C.01. 22.14 UTILITIES INTERRUPTIONS; UNLAWFUL OUSTER 22.15 Sec. 24. [504B.215] [EMERGENCY CONDITIONS; LOSS OF 22.16 ESSENTIAL SERVICES.] 22.17 Subdivision 1. [DEFINITIONS.] For the purposes of this 22.18 section, "single-metered residential building" means a multiunit 22.19 rental building with one or more separate residential living 22.20 units where the utility service measured through a single meter 22.21 provides service to an individual unit and to all or parts of 22.22 common areas or other units. 22.23 Subd. 2. [SINGLE-METER UTILITY SERVICE PAYMENTS.] In a 22.24 residential leasehold contract entered into or renewed on or 22.25 after August 1, 1995, the landlord of a single-metered 22.26 residential building shall be the bill payer responsible, and 22.27 shall be the customer of record contracting with the utility for 22.28 utility services. The landlord must advise the utility provider 22.29 that the utility services apply to a single-metered residential 22.30 building. A failure by the landlord to comply with this 22.31 subdivision is a violation of sections 13, subdivision 1, clause 22.32 (1), and 25. This subdivision may not be waived by contract or 22.33 otherwise. This subdivision does not require a landlord to 22.34 contract and pay for utility service provided to each 22.35 residential unit through a separate meter which accurately 22.36 measures that unit's use only. 23.1 Subd. 3. [PROCEDURE.] (a) When a municipality, utility 23.2 company, or other company supplying home heating oil, propane, 23.3 natural gas, electricity, or water to a building has issued a 23.4 final notice or has posted the building proposing to disconnect 23.5 or discontinue the service to the building because a landlord 23.6 who has contracted for the service has failed to pay for it or 23.7 because a landlord is required by law or contract to pay for the 23.8 service and fails to do so, a tenant or group of tenants may pay 23.9 to have the service continued or reconnected as provided under 23.10 this section. Before paying for the service, the tenant or 23.11 group of tenants shall give oral or written notice to the 23.12 landlord of the tenant's intention to pay after 48 hours, or a 23.13 shorter period that is reasonable under the circumstances, if 23.14 the landlord has not already paid for the service. In the case 23.15 of oral notification, written notice shall be mailed or 23.16 delivered to the landlord within 24 hours after oral notice is 23.17 given. 23.18 (b) In the case of natural gas, electricity, or water, if 23.19 the landlord has not yet paid the bill by the time of the 23.20 tenant's intended payment, or if the service remains 23.21 discontinued, the tenant or tenants may pay the outstanding bill 23.22 for the most recent billing period, if the utility company or 23.23 municipality will restore the service for at least one billing 23.24 period. 23.25 (c) In the case of home heating oil or propane, if the 23.26 landlord has not yet paid the bill by the time of the tenant's 23.27 intended payment, or if the service remains discontinued, the 23.28 tenant or tenants may order and pay for one month's supply of 23.29 the proper grade and quality of oil or propane. 23.30 (d) After submitting receipts for the payment to the 23.31 landlord, a tenant may deduct the amount of the tenant's payment 23.32 from the rental payment next paid to the landlord. Any amount 23.33 paid to the municipality, utility company, or other company by a 23.34 tenant under this subdivision is considered payment of rent to 23.35 the landlord for purposes of section 39. 23.36 Subd. 4. [LIMITATIONS; WAIVER PROHIBITED; RIGHTS AS 24.1 ADDITIONAL.] The tenant rights under this section: 24.2 (1) do not extend to conditions caused by the willful, 24.3 malicious, or negligent conduct of the tenant or of a person 24.4 under the tenant's direction or control; 24.5 (2) may not be waived or modified; and 24.6 (3) are in addition to and do not limit other rights which 24.7 may be available to the tenant in law or equity, including the 24.8 right to damages and the right to restoration of possession of 24.9 the premises under section 39. 24.10 Sec. 25. [504B.221] [UNLAWFUL TERMINATION OF UTILITIES.] 24.11 (a) Except as otherwise provided in this section, if a 24.12 landlord, an agent, or other person acting under the landlord's 24.13 direction or control, interrupts or causes the interruption of 24.14 electricity, heat, gas, or water services to the tenant, the 24.15 tenant may recover from the landlord treble damages or $500, 24.16 whichever is greater, and reasonable attorney's fees. It is a 24.17 defense to any action brought under this section that the 24.18 interruption was the result of the deliberate or negligent act 24.19 or omission of a tenant or anyone acting under the direction or 24.20 control of the tenant. The tenant may recover only actual 24.21 damages under this section if: 24.22 (1) the tenant has not given the landlord, an agent, or 24.23 other person acting under the landlord's direction or control, 24.24 notice of the interruption; or 24.25 (2) the landlord, an agent, or other person acting under 24.26 the landlord's direction or control, after receiving notice of 24.27 the interruption from the tenant and within a reasonable period 24.28 of time after the interruption, taking into account the nature 24.29 of the service interrupted and the effect of the interrupted 24.30 service on the health, welfare, and safety of the tenants, has 24.31 reinstated or made a good faith effort to reinstate the service 24.32 or has taken other remedial action; or 24.33 (3) the interruption was for the purpose of repairing or 24.34 correcting faulty or defective equipment or protecting the 24.35 health and safety of the occupants of the premises involved and 24.36 the service was reinstated or a good faith effort was made to 25.1 reinstate the service or other remedial action was taken by the 25.2 landlord, an agent, or other person acting under the landlord's 25.3 direction or control within a reasonable period of time, taking 25.4 into account the nature of the defect, the nature of the service 25.5 interrupted, and the effect of the interrupted service on the 25.6 health, welfare, and safety of the tenants. 25.7 (b) The remedies provided in this section are in addition 25.8 to and shall not limit other rights or remedies available to 25.9 landlords and tenants. Any provision, whether oral or written, 25.10 of any lease or other agreement, whereby any provision of this 25.11 section is waived by a tenant, is contrary to public policy and 25.12 void. The provisions of this section also apply to occupants 25.13 and owners of residential real property which is the subject of 25.14 a mortgage foreclosure or contract for deed cancellation and as 25.15 to which the period for redemption or reinstatement of the 25.16 contract has expired. 25.17 Sec. 26. [504B.225] [INTENTIONAL OUSTER AND INTERRUPTION 25.18 OF UTILITIES; MISDEMEANOR.] 25.19 A landlord, an agent, or person acting under the landlord's 25.20 direction or control who unlawfully and intentionally removes or 25.21 excludes a tenant from lands or tenements or intentionally 25.22 interrupts or causes the interruption of electrical, heat, gas, 25.23 or water services to the tenant with intent to unlawfully remove 25.24 or exclude the tenant from lands or tenements is guilty of a 25.25 misdemeanor. In any trial under this section, it shall be 25.26 presumed that the landlord, agent, or other person acting under 25.27 the landlord's direction or control interrupted or caused the 25.28 interruption of the service with intent to unlawfully remove or 25.29 exclude the tenant from lands or tenements, if it is established 25.30 by evidence that the landlord, an agent, or other person acting 25.31 under the landlord's direction or control intentionally 25.32 interrupted or caused the interruption of the service to the 25.33 tenant. The burden is upon the landlord to rebut the 25.34 presumption. 25.35 The remedies provided in this section are in addition to 25.36 and shall not limit other rights or remedies available to 26.1 landlords and tenants. Any provision, whether oral or written, 26.2 of any lease or other agreement, whereby any provision of this 26.3 section is waived by a tenant, is contrary to public policy and 26.4 void. The provisions of this section also apply to occupants 26.5 and owners of residential real property which is the subject of 26.6 a mortgage foreclosure or contract for deed cancellation and as 26.7 to which the period for redemption or reinstatement of the 26.8 contract has expired. 26.9 Sec. 27. [504B.231] [DAMAGES FOR OUSTER.] 26.10 (a) If a landlord, an agent, or other person acting under 26.11 the landlord's direction or control unlawfully and in bad faith 26.12 removes, excludes, or forcibly keeps out a tenant from a 26.13 residential premises, the tenant may recover from the landlord 26.14 treble damages or $500, whichever is greater, and reasonable 26.15 attorney's fees. 26.16 (b) The remedies provided in this section are in addition 26.17 to and shall not limit other rights or remedies available to 26.18 landlords and tenants. Any provision, whether oral or written, 26.19 of any lease or other agreement, whereby any provision of this 26.20 section is waived by a tenant, is contrary to public policy and 26.21 void. The provisions of this section also apply to occupants 26.22 and owners of residential real property which is the subject of 26.23 a mortgage foreclosure or contract for deed cancellation and as 26.24 to which the period for redemption or reinstatement of the 26.25 contract has expired. 26.26 RESIDENTIAL TENANT REPORTS 26.27 Sec. 28. [504B.235] [DEFINITIONS.] 26.28 Subdivision 1. [APPLICABILITY.] The definitions in this 26.29 section apply to sections 28 to 30. 26.30 Subd. 2. [PROPER IDENTIFICATION.] "Proper identification" 26.31 means information generally considered sufficient to identify a 26.32 person, including a Minnesota driver's license, a Minnesota 26.33 identification card, other forms of identification provided by a 26.34 unit of government, a notarized statement of identity with a 26.35 specimen signature of the person, or other reasonable form of 26.36 identification. 27.1 Subd. 3. [RESIDENTIAL TENANT REPORT.] "Residential tenant 27.2 report" means a written, oral, or other communication by a 27.3 residential tenant screening service that includes information 27.4 concerning an individual's creditworthiness, credit standing, 27.5 credit capacity, character, general reputation, personal 27.6 characteristics, or mode of living, and that is collected, used, 27.7 or expected to be used for the purpose of making decisions 27.8 relating to residential tenancies or residential tenancy 27.9 applications. 27.10 Subd. 4. [RESIDENTIAL TENANT SCREENING 27.11 SERVICE.] "Residential tenant screening service" means a person 27.12 or business regularly engaged in the practice of gathering, 27.13 storing, or disseminating information about tenants or 27.14 assembling tenant reports for monetary fees, dues, or on a 27.15 cooperative nonprofit basis. 27.16 Sec. 29. [504B.241] [RESIDENTIAL TENANT REPORTS; 27.17 DISCLOSURE AND CORRECTIONS.] 27.18 Subdivision 1. [DISCLOSURES REQUIRED.] (a) Upon request 27.19 and proper identification, a residential tenant screening 27.20 service must disclose the following information to an individual: 27.21 (1) the nature and substance of all information in its 27.22 files on the individual at the time of the request; and 27.23 (2) the sources of the information. 27.24 (b) A residential tenant screening service must make the 27.25 disclosures to an individual without charge if information in a 27.26 residential tenant report has been used within the past 30 days 27.27 to deny the rental or increase the security deposit or rent of a 27.28 residential housing unit to the individual. If the residential 27.29 tenant report has not been used to deny the rental or increase 27.30 the rent or security deposit of a residential housing unit 27.31 within the past 30 days, the residential tenant screening 27.32 service may impose a reasonable charge for making the disclosure 27.33 required under this section. The residential tenant screening 27.34 service must notify the residential tenant of the amount of the 27.35 charge before furnishing the information. The charge may not 27.36 exceed the amount that the residential tenant screening service 28.1 would impose on each designated recipient of a residential 28.2 tenant report, except that no charge may be made for notifying 28.3 persons of the deletion of information which is found to be 28.4 inaccurate or which can no longer be verified. 28.5 (c) Files maintained on a residential tenant must be 28.6 disclosed promptly as established in paragraphs (1) to (4). 28.7 (1) A residential tenant file must be disclosed in person, 28.8 during normal business hours, at the location where the 28.9 residential tenant screening service maintains its files, if the 28.10 residential tenant appears in person and furnishes proper 28.11 identification at that time. 28.12 (2) A residential tenant file must be disclosed by mail, if 28.13 the residential tenant makes a written request with proper 28.14 identification for a copy of the information contained in the 28.15 residential tenant report and requests that the information be 28.16 sent to a specified address. A disclosure made under this 28.17 paragraph shall be deposited in the United States mail, postage 28.18 prepaid, within five business days after the written request for 28.19 disclosure is received by the residential tenant screening 28.20 service. A residential tenant screening service complying with 28.21 a request for disclosure under this paragraph shall not be 28.22 liable for disclosures to third parties caused by mishandling 28.23 mail, provided that the residential tenant file information is 28.24 mailed to the address specified by the residential tenant in the 28.25 request. 28.26 (3) A summary of the information in a residential tenant 28.27 file must be disclosed by telephone, if the residential tenant 28.28 has made a written request with proper identification for 28.29 telephone disclosure. 28.30 (4) Information in a residential tenant's file required to 28.31 be disclosed in writing under this subdivision may be disclosed 28.32 in any other form including electronic means if authorized by 28.33 the residential tenant and available from the residential tenant 28.34 screening service. 28.35 Subd. 2. [CORRECTIONS.] If the completeness or accuracy of 28.36 an item of information contained in an individual's file is 29.1 disputed by the individual, the residential tenant screening 29.2 service must reinvestigate and record the current status of the 29.3 information. If the information is found to be inaccurate or 29.4 can no longer be verified, the residential tenant screening 29.5 service must delete the information from the individual's file 29.6 and residential tenant report. At the request of the 29.7 individual, the residential tenant screening service must give 29.8 notification of the deletions to persons who have received the 29.9 residential tenant report within the past six months. 29.10 Subd. 3. [EXPLANATIONS.] The residential tenant screening 29.11 service must permit an individual to explain any eviction report 29.12 or any disputed item not resolved by reinvestigation in a 29.13 residential tenant report. The explanation must be included in 29.14 the residential tenant report. The residential tenant screening 29.15 service may limit the explanation to no more than 100 words. 29.16 Subd. 4. [COURT FILE INFORMATION.] (a) If a residential 29.17 tenant screening service includes information from a court file 29.18 on an individual in a residential tenant report, the report must 29.19 provide the full name and date of birth of the individual in any 29.20 case where the court file includes the individual's full name 29.21 and date of birth, and the outcome of the court proceeding must 29.22 be accurately recorded in the residential tenant report 29.23 including the specific basis of the court's decision, when 29.24 available. Whenever the court supplies information from a court 29.25 file on an individual, in whatever form, the court shall include 29.26 the full name and date of birth of the individual, if that is 29.27 indicated on the court file or summary, and information on the 29.28 outcome of the court proceeding, including the specific basis of 29.29 the court's decision, coded as provided in subdivision 5 for the 29.30 type of action, when it becomes available. The residential 29.31 tenant screening service is not liable under section 30 if the 29.32 residential tenant screening service reports complete and 29.33 accurate information as provided by the court. 29.34 (b) A residential tenant screening service shall not 29.35 provide residential tenant reports containing information on 29.36 eviction actions in the second and fourth judicial districts, 30.1 unless the residential tenant report accurately records the 30.2 outcome of the proceeding or other disposition of the eviction 30.3 action such as settlement, entry of a judgment, default, or 30.4 dismissal of the action. 30.5 Subd. 5. [EVICTION ACTION CODING.] The court shall 30.6 indicate on the court file or any summary of a court file the 30.7 specific basis of the court's decision in an eviction action 30.8 according to codes developed by the court that, at a minimum, 30.9 indicates if the basis of the court's decision is nonpayment of 30.10 rent, a violation of the covenants under section 13 or 15, other 30.11 breach of a lease agreement, or a counterclaim for possession of 30.12 the premises under section 57. 30.13 Subd. 6. [INFORMATION TO RESIDENTIAL TENANT.] If the 30.14 landlord uses information in a residential tenant report to deny 30.15 the rental or increase the security deposit or rent of a 30.16 residential housing unit, the landlord must inform the 30.17 prospective residential tenant of the name and address of the 30.18 tenant screening service that provided the residential tenant 30.19 report. 30.20 Sec. 30. [504B.245] [TENANT REPORT; REMEDIES.] 30.21 The remedies provided in section 8.31 apply to a violation 30.22 of section 29. A residential tenant screening service or 30.23 landlord in compliance with the provisions of the Fair Credit 30.24 Reporting Act, United States Code, title 15, section 1681, et 30.25 seq., is considered to be in compliance with section 29. 30.26 MISCELLANEOUS RIGHTS 30.27 Sec. 31. [504B.251] [RECORDING OF NOTICE OF CANCELLATION 30.28 OF LEASES.] 30.29 Where a lease has been duly recorded, the county recorder 30.30 must record a copy of the notice of cancellation or termination 30.31 of the lease that has been presented for recording by the 30.32 landlord, landlord's agent, or attorney. The notice must be 30.33 accompanied by proof of service and an affidavit of the landlord 30.34 or the landlord's agent or attorney stating that the tenant has 30.35 not complied with the terms of the notice. This notice is prima 30.36 facie evidence of the facts stated in it. 31.1 Sec. 32. [504B.255] [TERMINATION NOTICE REQUIREMENT FOR 31.2 FEDERALLY SUBSIDIZED HOUSING.] 31.3 The landlord of federally subsidized rental housing must 31.4 give residential tenants of federally subsidized rental housing 31.5 a one-year written notice under the following conditions: 31.6 (1) a federal section 8 contract will expire; 31.7 (2) the landlord will exercise the option to terminate or 31.8 not renew a federal section 8 contract and mortgage; 31.9 (3) the landlord will prepay a mortgage and the prepayment 31.10 will result in the termination of any federal use restrictions 31.11 that apply to the housing; or 31.12 (4) the landlord will terminate a housing subsidy program. 31.13 The notice shall be provided at the commencement of the 31.14 lease if the lease commences less than one year before any of 31.15 the conditions in clauses (1) to (4) apply. 31.16 Sec. 33. [504B.261] [PETS IN SUBSIDIZED HANDICAPPED 31.17 ACCESSIBLE RENTAL HOUSING UNITS.] 31.18 In a multiunit residential building, a tenant of a 31.19 handicapped accessible unit, in which the tenant or the unit 31.20 receives a subsidy that directly reduces or eliminates the 31.21 tenant's rent responsibility, must be allowed to have two birds 31.22 or one spayed or neutered dog or one spayed or neutered cat. A 31.23 renter under this section may not keep or have visits from an 31.24 animal that constitutes a threat to the health or safety of 31.25 other individuals, or causes a noise nuisance or noise 31.26 disturbance to other renters. The landlord may require the 31.27 renter to pay an additional damage deposit in an amount 31.28 reasonable to cover damage likely to be caused by the animal. 31.29 The deposit is refundable at any time the renter leaves the unit 31.30 of housing to the extent it exceeds the amount of damage 31.31 actually caused by the animal. 31.32 Sec. 34. [504B.265] [TERMINATION OF LEASE UPON DEATH OF 31.33 TENANT.] 31.34 Subdivision 1. [TERMINATION OF LEASE.] Any party to a 31.35 lease of residential premises other than a lease at will may 31.36 terminate the lease prior to its expiration date in the manner 32.1 provided in subdivision 2 upon the death of the tenant or, if 32.2 there is more than one tenant, upon the death of all tenants. 32.3 Subd. 2. [NOTICE.] Either the landlord or the personal 32.4 representative of the tenant's estate may terminate the lease 32.5 upon at least two months' written notice, to be effective on the 32.6 last day of a calendar month, and hand delivered or mailed by 32.7 postage prepaid, first class United States mail, to the address 32.8 of the other party. The landlord may comply with the notice 32.9 requirement of this subdivision by delivering or mailing the 32.10 notice to the premises formerly occupied by the tenant. The 32.11 termination of a lease under this section shall not relieve the 32.12 tenant's estate from liability either for the payment of rent or 32.13 other sums owed prior to or during the notice period, or for the 32.14 payment of amounts necessary to restore the premises to their 32.15 condition at the commencement of the tenancy, ordinary wear and 32.16 tear excepted. 32.17 Subd. 3. [WAIVER PROHIBITED.] Any attempted waiver by a 32.18 landlord and tenant or tenant's personal representative, by 32.19 contract or otherwise, of the right of termination provided by 32.20 this section, and any lease provision or agreement requiring a 32.21 longer notice period than that provided by this section, shall 32.22 be void and unenforceable; provided, however, that the landlord 32.23 and tenant or tenant's personal representative may agree to 32.24 otherwise modify the specific provisions of this section. 32.25 Subd. 4. [APPLICABILITY.] The provisions of this section 32.26 apply to leases entered into or renewed after May 12, 1981. 32.27 Sec. 35. [504B.271] [TENANT'S PERSONAL PROPERTY REMAINING 32.28 IN PREMISES.] 32.29 Subdivision 1. [ABANDONED PROPERTY.] If a tenant abandons 32.30 rented premises, the landlord may take possession of the 32.31 tenant's personal property remaining on the premises, and shall 32.32 store and care for the property. The landlord has a claim 32.33 against the tenant for reasonable costs and expenses incurred in 32.34 removing the tenant's property and in storing and caring for the 32.35 property. 32.36 The landlord may sell or otherwise dispose of the property 33.1 60 days after the landlord receives actual notice of the 33.2 abandonment, or 60 days after it reasonably appears to the 33.3 landlord that the tenant has abandoned the premises, whichever 33.4 occurs last, and may apply a reasonable amount of the proceeds 33.5 of the sale to the removal, care, and storage costs and expenses 33.6 or to any claims authorized pursuant to section 16, subdivision 33.7 3, paragraphs (a) and (b). Any remaining proceeds of any sale 33.8 shall be paid to the tenant upon written demand. 33.9 Prior to the sale, the landlord shall make reasonable 33.10 efforts to notify the tenant of the sale at least 14 days prior 33.11 to the sale, by personal service in writing or sending written 33.12 notification of the sale by certified mail, return receipt 33.13 requested, to the tenant's last known address or usual place of 33.14 abode, if known by the landlord, and by posting notice of the 33.15 sale in a conspicuous place on the premises for at least two 33.16 weeks. 33.17 Subd. 2. [LANDLORD'S PUNITIVE DAMAGES.] If a landlord, an 33.18 agent, or other person acting under the landlord's direction or 33.19 control, in possession of a tenant's personal property, fails to 33.20 allow the tenant to retake possession of the property within 24 33.21 hours after written demand by the tenant or the tenant's duly 33.22 authorized representative or within 48 hours, exclusive of 33.23 weekends and holidays, after written demand by the tenant or a 33.24 duly authorized representative when the landlord, the landlord's 33.25 agent or person acting under the landlord's direction or control 33.26 has removed and stored the personal property in accordance with 33.27 subdivision 1 in a location other than the premises, the tenant 33.28 shall recover from the landlord punitive damages not to exceed 33.29 $300 in addition to actual damages and reasonable attorney's 33.30 fees. 33.31 In determining the amount of punitive damages the court 33.32 shall consider (1) the nature and value of the property; (2) the 33.33 effect the deprivation of the property has had on the tenant; 33.34 (3) if the landlord, an agent, or other person acting under the 33.35 landlord's direction or control unlawfully took possession of 33.36 the tenant's property; and (4) if the landlord, an agent, or 34.1 other person under the landlord's direction or control acted in 34.2 bad faith in failing to allow the tenant to retake possession of 34.3 the property. 34.4 The provisions of this subdivision do not apply to personal 34.5 property which has been sold or otherwise disposed of by the 34.6 landlord in accordance with subdivision 1, or to landlords who 34.7 are housing authorities, created, or authorized to be created by 34.8 sections 469.001 to 469.047, and their agents and employees, in 34.9 possession of a tenant's personal property, except that housing 34.10 authorities must allow the tenant to retake possession of the 34.11 property in accordance with this subdivision. 34.12 Subd. 3. [STORAGE.] If the landlord, an agent, or other 34.13 person acting under the landlord's direction or control has 34.14 unlawfully taken possession of a tenant's personal property the 34.15 landlord shall be responsible for paying the cost and expenses 34.16 relating to the removal, storage, or care of the property. 34.17 Subd. 4. [REMEDIES ADDITIONAL.] The remedies provided in 34.18 this section are in addition to and shall not limit other rights 34.19 or remedies available to landlords and tenants. Any provision, 34.20 whether oral or written, of any lease or other agreement, 34.21 whereby any provision of this section is waived by a tenant, is 34.22 contrary to public policy and void. The provisions of this 34.23 section also apply to occupants and owners of residential real 34.24 property which is the subject of a mortgage foreclosure or 34.25 contract for deed cancellation and as to which the period for 34.26 redemption or reinstatement of the contract has expired. 34.27 Sec. 36. [504B.275] [ATTORNEY GENERAL'S STATEMENT; 34.28 DISTRIBUTION.] 34.29 In this section, "residential tenant" does not include 34.30 residents of manufactured home parks as defined in section 34.31 327C.01, subdivision 9. 34.32 The attorney general shall prepare and make available to 34.33 the public a statement which summarizes the significant legal 34.34 rights and obligations of landlords and residential tenants of 34.35 rental dwelling units. The statement shall include descriptions 34.36 of the significant provisions of this chapter. The statement 35.1 shall notify residential tenants in public housing to consult 35.2 their leases for additional rights and obligations they may have 35.3 under federal law. The statement shall include the telephone 35.4 number and address of the attorney general for further 35.5 information. 35.6 The attorney general shall annually revise the statement 35.7 provided in this section as necessary to ensure that it 35.8 continues accurately to describe the statutory and case law 35.9 governing the rights and duties of landlords and residential 35.10 tenants of rental dwelling units. After preparing the statement 35.11 for the first time and after each annual revision of the 35.12 statement, the attorney general shall hold a public meeting to 35.13 discuss the statement and receive comments on its contents 35.14 before it is issued. When preparing the statement and 35.15 evaluating public comment, the attorney general shall be guided 35.16 by the legislature's intent that the statement be brief, 35.17 accurate, and complete in identifying significant legal rights 35.18 and obligations, and written using words with common, everyday 35.19 meanings. 35.20 EVICTION ACTIONS 35.21 Sec. 37. [504B.281] [FORCIBLE ENTRY AND UNLAWFUL DETAINER 35.22 PROHIBITED.] 35.23 No person may occupy or take possession of real property 35.24 except where occupancy or possession is allowed by law, and in 35.25 such cases, the person may not enter by force, but only in a 35.26 peaceable manner. 35.27 Sec. 38. [504B.285] [EVICTION ACTIONS; GROUNDS; 35.28 RETALIATION DEFENSE; COMBINED ALLEGATIONS.] 35.29 Subdivision 1. [GROUNDS.] The person entitled to the 35.30 premises may recover possession by eviction when: 35.31 (1) any person holds over real property: 35.32 (i) after a sale of the property on an execution or 35.33 judgment; 35.34 (ii) on foreclosure of a mortgage and expiration of the 35.35 time for redemption; or 35.36 (iii) after termination of contract to convey the property, 36.1 provided that if the person holding the real property after the 36.2 expiration of the time for redemption or termination is a 36.3 tenant, the person has received: 36.4 (A) at least one month's written notice to vacate no sooner 36.5 than one month after the expiration of the time for redemption 36.6 or termination, provided that the tenant pays the rent and 36.7 abides by all terms of the lease; or 36.8 (B) at least one month's written notice to vacate no later 36.9 than the date of the expiration of the time for redemption or 36.10 termination, which notice shall also state that the sender will 36.11 hold the tenant harmless for breaching the lease by vacating the 36.12 premises if the mortgage is redeemed or the contract is 36.13 reinstated; 36.14 (2) any person holds over real property after termination 36.15 of the time for which it is demised or leased to that person or 36.16 to the persons under whom that person holds possession, contrary 36.17 to the conditions or covenants of the lease or agreement under 36.18 which that person holds, or after any rent becomes due according 36.19 to the terms of such lease or agreement; or 36.20 (3) any tenant at will holds over after the termination of 36.21 the tenancy by notice to quit. 36.22 Subd. 2. [RETALIATION DEFENSE.] It is a defense to an 36.23 action for recovery of premises following the alleged 36.24 termination of a tenancy by notice to quit for the defendant to 36.25 prove by a fair preponderance of the evidence that: 36.26 (1) the alleged termination was intended in whole or part 36.27 as a penalty for the defendant's good faith attempt to secure or 36.28 enforce rights under a lease or contract, oral or written, under 36.29 the laws of the state or any of its governmental subdivisions, 36.30 or of the United States; or 36.31 (2) the alleged termination was intended in whole or part 36.32 as a penalty for the defendant's good faith report to a 36.33 governmental authority of the plaintiff's violation of a health, 36.34 safety, housing, or building code or ordinance. 36.35 If the notice to quit was served within 90 days of the date 36.36 of an act of the tenant coming within the terms of clause (1) or 37.1 (2) the burden of proving that the notice to quit was not served 37.2 in whole or part for a retaliatory purpose shall rest with the 37.3 plaintiff. 37.4 Subd. 3. [RENT INCREASE AS PENALTY.] In any proceeding for 37.5 the recovery of premises upon the ground of nonpayment of rent, 37.6 it is a defense if the tenant establishes by a preponderance of 37.7 the evidence that the plaintiff increased the tenant's rent or 37.8 decreased the services as a penalty in whole or part for any 37.9 lawful act of the tenant as described in subdivision 2, 37.10 providing that the tenant tender to the court or to the 37.11 plaintiff the amount of rent due and payable under the tenant's 37.12 original obligation. 37.13 Subd. 4. [NONLIMITATION OF LANDLORD'S RIGHTS.] Nothing 37.14 contained in subdivisions 2 and 3 limits the right of the 37.15 landlord pursuant to the provisions of subdivision 1 to 37.16 terminate a tenancy for a violation by the tenant of a lawful, 37.17 material provision of a lease or contract, whether written or 37.18 oral, or to hold the tenant liable for damage to the premises 37.19 caused by the tenant or a person acting under the tenant's 37.20 direction or control. 37.21 Subd. 5. [COMBINING ALLEGATIONS.] (a) An action for 37.22 recovery of the premises may combine the allegation of 37.23 nonpayment of rent and the allegation of material violation of 37.24 the lease, which shall be heard as alternative grounds. 37.25 (b) In cases where rent is outstanding, a tenant is not 37.26 required to pay into court the amount of rent in arrears, 37.27 interest, and costs as required under section 39 to defend 37.28 against an allegation by the landlord that the tenant has 37.29 committed a material violation of the lease. 37.30 (c) If the landlord does not prevail in proving material 37.31 violation of the lease, and the landlord has also alleged that 37.32 rent is due, the tenant shall be permitted to present defenses 37.33 to the court that the rent is not owing. The tenant shall be 37.34 given up to seven days of additional time to pay any rent 37.35 determined by the court to be due. The court may order the 37.36 tenant to pay rent and any costs determined to be due directly 38.1 to the landlord or to be deposited with the court. 38.2 Sec. 39. [504B.291] [EVICTION ACTION FOR NONPAYMENT; 38.3 REDEMPTION; OTHER RIGHTS.] 38.4 Subdivision 1. [ACTION TO RECOVER.] (a) A landlord may 38.5 bring an eviction action for nonpayment of rent irrespective of 38.6 whether the lease contains a right of reentry clause. Such an 38.7 eviction action is equivalent to a demand for the rent. In such 38.8 an action, unless the landlord has also sought to evict the 38.9 tenant by alleging a material violation of the lease under 38.10 section 38, subdivision 5, the tenant may, at any time before 38.11 possession has been delivered, redeem the tenancy and be 38.12 restored to possession by paying to the landlord or bringing to 38.13 court the amount of the rent that is in arrears, with interest, 38.14 costs of the action, and an attorney's fee not to exceed $5, and 38.15 by performing any other covenants of the lease. 38.16 (b) If the tenant has paid to the landlord or brought into 38.17 court the amount of rent in arrears but is unable to pay the 38.18 interest, costs of the action, and attorney's fees required by 38.19 paragraph (a), the court may permit the tenant to pay these 38.20 amounts into court and be restored to possession within the same 38.21 period of time, if any, for which the court stays the issuance 38.22 of the order to vacate under section 49. 38.23 (c) Prior to or after commencement of an action to recover 38.24 possession for nonpayment of rent, the parties may agree only in 38.25 writing that partial payment of rent in arrears which is 38.26 accepted by the landlord prior to issuance of the order granting 38.27 restitution of the premises pursuant to section 49 may be 38.28 applied to the balance due and does not waive the landlord's 38.29 action to recover possession of the premises for nonpayment of 38.30 rent. 38.31 (d) Rental payments under this subdivision must first be 38.32 applied to rent claimed as due in the complaint from prior 38.33 rental periods before applying any payment toward rent claimed 38.34 in the complaint for the current rental period, unless the court 38.35 finds that under the circumstances the claim for rent from prior 38.36 rental periods has been waived. 39.1 Subd. 2. [LEASE GREATER THAN 20 YEARS.] (a) If the lease 39.2 under which an action is brought under subdivision 1 is for a 39.3 term of more than 20 years, the action may not begin until the 39.4 landlord serves a written notice on the tenant and on all 39.5 creditors with legal or equitable recorded liens on the 39.6 property. The notice must state: (1) the lease will be 39.7 canceled unless the amounts, agreements, and legal obligations 39.8 in default are paid or performed within 30 days, or a longer 39.9 specified period; and (2) if the amounts, agreements, and legal 39.10 obligations are not paid or performed within that period, then 39.11 the landlord may evict the tenant at the expiration of the 39.12 period. 39.13 (b) If the lease provides that the landlord must give more 39.14 than the 30 days' notice provided in paragraph (a), then notice 39.15 must be the same as that provided in the lease. 39.16 (c) The tenant may be restored to possession of the 39.17 property under the terms of the original lease if, before the 39.18 expiration of six months after the landlord obtains possession 39.19 due to the tenant's abandonment or surrender of the property or 39.20 the landlord prevails in the action, the tenant or a creditor 39.21 holding a legal or equitable lien on the property: (1) pays to 39.22 the landlord or brings into court the amount of rent then in 39.23 arrears, with interest and the costs of the action; and (2) 39.24 performs the other agreements or legal obligations that are in 39.25 default. 39.26 Subd. 3. [RECORDING OF EVICTION OR EJECTMENT 39.27 ACTIONS.] Upon recovery of possession by the landlord in the 39.28 action, a certified copy of the judgment shall, upon 39.29 presentation, be recorded in the office of the county recorder 39.30 of the county where the land is situated if unregistered land or 39.31 in the office of the registrar of titles of the county if 39.32 registered land and upon recovery of possession by the landlord 39.33 by abandonment or surrender by the tenant an affidavit by the 39.34 landlord or the landlord's attorney setting forth the fact shall 39.35 be recorded in a like manner and the recorded certified copy of 39.36 the judgment or the recorded affidavit shall be prima facie 40.1 evidence of the facts stated therein in reference to the 40.2 recovery of possession by the landlord. 40.3 Sec. 40. [504B.301] [EVICTION ACTION FOR UNLAWFUL 40.4 DETENTION.] 40.5 A person may be evicted if the person has unlawfully or 40.6 forcibly occupied or taken possession of real property or 40.7 unlawfully detains or retains possession of real property. 40.8 A seizure under section 609.5317, subdivision 1, for which 40.9 there is not a defense under section 609.5317, subdivision 3, 40.10 constitutes unlawful detention by the tenant. 40.11 Sec. 41. [504B.305] [NOTICE OF SEIZURE PROVISION.] 40.12 Landlords shall give written notice to tenants of the 40.13 provision relating to seizures in section 40. Failure to give 40.14 such notice does not subject the landlord to criminal or civil 40.15 liability and is not a defense under section 609.5317, 40.16 subdivision 3. 40.17 Sec. 42. [504B.311] [NO EVICTION ACTION IF TENANT HOLDS 40.18 OVER FOR THREE YEARS.] 40.19 No person may bring an eviction action against an occupant 40.20 of any premises where that occupant's lease, or the lease of 40.21 that occupant's ancestors or predecessor in interest, was 40.22 terminated more than three years before the beginning of the 40.23 action and where the occupant of the premises or that person's 40.24 ancestors or predecessor in interest were in quiet possession 40.25 for three consecutive years immediately before the filing of the 40.26 eviction. 40.27 Sec. 43. [504B.315] [RESTRICTIONS ON EVICTION DUE TO 40.28 FAMILIAL STATUS.] 40.29 (a) As used in this section, "familial status" has the 40.30 meaning given it in section 363.01, subdivision 19. 40.31 (b) No residential tenant of residential premises may be 40.32 evicted, denied a continuing tenancy, or denied a renewal of a 40.33 lease on the basis of familial status commenced during the 40.34 tenancy unless one year has elapsed from the commencement of the 40.35 familial status and the landlord has given the tenant six months 40.36 prior notice in writing, except in case of nonpayment of rent, 41.1 damage to the premises, disturbance of other tenants, or other 41.2 breach of the lease. Any provision, whether oral or written, of 41.3 any lease or other agreement, whereby any provision of this 41.4 section is waived by a tenant, is contrary to public policy and 41.5 void. 41.6 Sec. 44. [504B.321] [COMPLAINT AND SUMMONS.] 41.7 Subdivision 1. [PROCEDURE.] (a) To bring an eviction 41.8 action, the person complaining shall file a complaint with the 41.9 court, stating the full name and date of birth of the person 41.10 against whom the complaint is made, unless it is not known, 41.11 describing the premises of which possession is claimed, stating 41.12 the facts which authorize the recovery of possession, and asking 41.13 for recovery thereof. 41.14 (b) The lack of the full name and date of birth of the 41.15 person against whom the complaint is made does not deprive the 41.16 court of jurisdiction or make the complaint invalid. 41.17 (c) The court shall issue a summons, commanding the person 41.18 against whom the complaint is made to appear before the court on 41.19 a day and at a place stated in the summons. 41.20 (d) The appearance shall be not less than seven nor more 41.21 than 14 days from the day of issuing the summons, except as 41.22 provided by paragraph (b). 41.23 (e) A copy of the complaint shall be attached to the 41.24 summons, which shall state that the copy is attached and that 41.25 the original has been filed. 41.26 Subd. 2. [EXPEDITED PROCEDURE.] (a) In an eviction action 41.27 brought under section 15 or on the basis that the tenant is 41.28 causing a nuisance or other illegal behavior that seriously 41.29 endangers the safety of other residents, their property, or the 41.30 landlord's property, the person filing the complaint shall file 41.31 an affidavit stating specific facts and instances in support of 41.32 why an expedited hearing is required. 41.33 (b) The complaint and affidavit shall be reviewed by a 41.34 referee or judge and scheduled for an expedited hearing only if 41.35 sufficient supporting facts are stated and they meet the 41.36 requirements of this paragraph. 42.1 (c) The appearance in an expedited hearing shall be not 42.2 less than five days nor more than seven days from the date the 42.3 summons is issued. The summons, in an expedited hearing, shall 42.4 be served upon the tenant within 24 hours of issuance unless the 42.5 court orders otherwise for good cause shown. 42.6 (d) If the court determines that the person seeking an 42.7 expedited hearing did so without sufficient basis under the 42.8 requirements of this subdivision, the court shall impose a civil 42.9 penalty of up to $500 for abuse of the expedited hearing process. 42.10 Sec. 45. [504B.325] [EXPEDITED RELIEF.] 42.11 A landlord or the landlord's agent may request expedited 42.12 temporary relief by bringing an action under section 609.748 or 42.13 filing a petition for a temporary restraining order, in 42.14 conjunction with a complaint filed under section 44. 42.15 Sec. 46. [504B.331] [SUMMONS; HOW SERVED.] 42.16 (a) The summons must be served at least seven days before 42.17 the date of the court appearance specified in section 44, in the 42.18 manner provided for service of a summons in a civil action in 42.19 district court. It may be served by any person not named a 42.20 party to the action. 42.21 (b) If the defendant cannot be found in the county, the 42.22 summons may be served at least seven days before the date of the 42.23 court appearance by: 42.24 (1) leaving a copy at the defendant's last usual place of 42.25 abode with a person of suitable age and discretion residing 42.26 there; or 42.27 (2) if the defendant had no place of abode, by leaving a 42.28 copy at the property described in the complaint with a person of 42.29 suitable age and discretion occupying the premises. 42.30 (c) Failure of the sheriff or constable to serve the 42.31 defendant is prima facie proof that the defendant cannot be 42.32 found in the county. 42.33 (d) Where the defendant cannot be found in the county, 42.34 service of the summons may be made upon the defendant by posting 42.35 the summons in a conspicuous place on the property for not less 42.36 than one week if: 43.1 (1) the property described in the complaint is: 43.2 (i) nonresidential and no person actually occupies the 43.3 property; or 43.4 (ii) residential and service has been attempted at least 43.5 twice on different days, with at least one of the attempts 43.6 having been made between the hours of 6:00 p.m. and 10:00 p.m.; 43.7 and 43.8 (2) the plaintiff or the plaintiff's attorney has signed 43.9 and filed with the court an affidavit stating that: 43.10 (i) the defendant cannot be found, or that the plaintiff or 43.11 the plaintiff's attorney believes that the defendant is not in 43.12 the state; and 43.13 (ii) a copy of the summons has been mailed to the defendant 43.14 at the defendant's last known address if any is known to the 43.15 plaintiff. 43.16 (e) If the defendant or the defendant's attorney does not 43.17 appear in court on the date of the appearance, the trial shall 43.18 proceed. 43.19 Sec. 47. [504B.335] [ANSWER; TRIAL.] 43.20 (a) At the court appearance specified in the summons, the 43.21 defendant may answer the complaint, and the court shall hear and 43.22 decide the action, unless it grants a continuance of the trial 43.23 as provided in section 48. 43.24 (b) Either party may demand a trial by jury. 43.25 (c) The proceedings in the action are the same as in other 43.26 civil actions, except as provided in sections 37 to 54. 43.27 (d) The court, in scheduling appearances and hearings under 43.28 this section, shall give priority to any eviction brought under 43.29 section 15, or on the basis that the defendant is a tenant and 43.30 is causing a nuisance or seriously endangers the safety of other 43.31 residents, their property, or the landlord's property. 43.32 Sec. 48. [504B.341] [CONTINUANCE OF TRIAL.] 43.33 (a) In an eviction action, the court, in its discretion, 43.34 may grant a continuance of the trial for no more than six days 43.35 unless all parties consent to longer continuance. 43.36 (b) However, in all actions brought under section 38, other 44.1 than actions on a written lease signed by both parties, the 44.2 court shall continue the trial as necessary but for no more than 44.3 three months if the defendant or the defendant's agent or 44.4 attorney: 44.5 (1) states under oath that the defendant cannot proceed to 44.6 trial because a material witness is not present; 44.7 (2) names the witness; 44.8 (3) states under oath that the defendant has made due 44.9 exertion to obtain the witness; 44.10 (4) states the belief that if the continuance is allowed 44.11 the defendant will be able to procure the attendance of the 44.12 witness at the trial or to obtain the witness's deposition; and 44.13 (5) gives a bond that the plaintiff will be paid all rent 44.14 that accrues during the pendency of the action and all costs and 44.15 damages that accrue due to the adjournment. 44.16 Sec. 49. [504B.345] [JUDGMENT; EXECUTION.] 44.17 Subdivision 1. [GENERAL.] (a) If the court or jury finds 44.18 for the plaintiff, the court shall immediately enter judgment 44.19 that the plaintiff shall have recovery of the premises, and 44.20 shall tax the costs against the defendant. The court shall 44.21 issue execution in favor of the plaintiff for the costs and also 44.22 immediately issue a writ of recovery of premises and order to 44.23 vacate. 44.24 (b) The court shall give priority in issuing a writ of 44.25 recovery of premises and order to vacate for an eviction action 44.26 brought under section 15 or on the basis that the tenant is 44.27 causing a nuisance or seriously endangers the safety of other 44.28 residents, their property, or the landlord's property. 44.29 (c) If the court or jury finds for the defendant, the court 44.30 shall enter judgment for the defendant, tax the costs against 44.31 the plaintiff, and issue execution in favor of the defendant. 44.32 (d) Except in actions brought: (1) under section 39 as 44.33 required by section 609.5317, subdivision 1; (2) under section 44.34 15; or (3) on the basis that the tenant is causing a nuisance or 44.35 seriously endangers the safety of other residents, their 44.36 property, or the landlord's property, upon a showing by the 45.1 defendant that immediate restitution of the premises would work 45.2 a substantial hardship upon the defendant or the defendant's 45.3 family, the court shall stay the writ of recovery of premises 45.4 and order to vacate for a reasonable period, not to exceed seven 45.5 days. 45.6 Subd. 2. [EXPEDITED WRIT.] If the court enters judgment 45.7 for the plaintiff in an action brought under section 39 as 45.8 required by section 609.5317, subdivision 1, the court may not 45.9 stay issuance of the writ of recovery of premises and order to 45.10 vacate unless the court makes written findings specifying the 45.11 extraordinary and exigent circumstances that warrant staying the 45.12 writ for a reasonable period, not to exceed seven days. 45.13 Sec. 50. [504B.351] [FAILURE OF JURY TO REACH A VERDICT.] 45.14 If the jury cannot agree upon a verdict, the court may 45.15 discharge the members and issue an order impaneling a new jury, 45.16 immediately or as agreed to by the parties or fixed by the court. 45.17 Sec. 51. [504B.355] [FORM OF VERDICT.] 45.18 The verdict of the jury or the finding of the court in 45.19 favor of the plaintiff in an eviction action shall be 45.20 substantially in the following form: 45.21 At a court held at ....., on the ..... day of ....., 45.22 year....., before ....., a judge in and for the county of ..... 45.23 in an action between ....., plaintiff, and ....., defendant, the 45.24 jury (or, if the action be tried without a jury, the court) find 45.25 that the facts alleged in the complaint are true, and the 45.26 plaintiff shall recover possession of the premises and the 45.27 defendant(s) shall vacate the premises immediately. 45.28 ..................... 45.29 If the verdict or finding is for the defendant, it shall be 45.30 sufficient to find that the facts alleged in the complaint are 45.31 not true. 45.32 Sec. 52. [504B.361] [FORMS OF SUMMONS AND WRIT.] 45.33 Subdivision 1. [SUMMONS AND WRIT.] (a) The summons and 45.34 writ of recovery of premises and order to vacate may be 45.35 substantially in the forms in paragraphs (b) and (c). 45.36 (b) 46.1 FORM OF SUMMONS 46.2 46.3 State of Minnesota) 46.4 ) ss. 46.5 County of ........) 46.6 Whereas, ....., of ....., has filed with the undersigned, a 46.7 judge of county stated, a complaint against ....., of ....., a 46.8 copy of which is attached: You are hereby summoned to appear 46.9 before the undersigned on the ..... day of ....., year....., at 46.10 ..... o'clock ...m., at ....., to answer and defend against the 46.11 complaint and to further be dealt with according to law. 46.12 Dated at ....., this ..... day of ....., year..... 46.13 ............................., 46.14 Judge of ....... court. 46.15 (c) 46.16 FORM OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE 46.17 46.18 State of Minnesota) 46.19 ) ss. 46.20 County of ........) 46.21 The State of Minnesota, to the Sheriff or Any Constable of 46.22 the County: 46.23 Whereas, ....., the plaintiff, of ....., in an eviction 46.24 action, at a court held at ....., in the county of ..........., 46.25 on the ..... day of ....., year....., before ....., a judge of 46.26 the county, recovered a judgment against ....., the ....., to 46.27 have recovery of the following premises (describe here the 46.28 property as in the complaint):........ 46.29 Therefore, you are commanded that, taking with you the 46.30 force of the county, if necessary, you cause ....... to be 46.31 immediately removed from the premises, and the plaintiff to 46.32 recover the premises. You are also commanded that from the 46.33 personal property of ............. within the county that you 46.34 seize and sell, the plaintiff be paid ... dollars, as the costs 46.35 assessed against the defendant, together with 25 cents for this 46.36 writ. You are ordered to return this writ within 30 days. 47.1 Dated at ....., this ..... day of ....., year.... 47.2 ............................., 47.3 Judge of ........ court. 47.4 Subd. 2. [PRIORITY WRIT.] The court shall identify a writ 47.5 of recovery of premises and order to vacate property that is 47.6 issued pursuant to an eviction action under section 15, or on 47.7 the basis that the tenant is causing a nuisance or seriously 47.8 endangers the safety of other residents, their property, or the 47.9 landlord's property and clearly note on the order to vacate that 47.10 it is a priority order. Notice that it is a priority order must 47.11 be made in a manner that is obvious to an officer who must 47.12 execute the order under section 53. 47.13 Sec. 53. [504B.365] [EXECUTION OF THE WRIT OF RECOVERY OF 47.14 PREMISES AND ORDER TO VACATE.] 47.15 Subdivision 1. [GENERAL.] (a) The officer who holds the 47.16 order to vacate shall execute it by demanding that the 47.17 defendant, if found in the county, any adult member of the 47.18 defendant's family who is occupying the premises, or any other 47.19 person in charge, relinquish possession and leave, taking family 47.20 and all personal property from the premises within 24 hours. 47.21 (b) If the defendant fails to comply with the demand, then 47.22 the officer shall bring, if necessary, the force of the county 47.23 and any necessary assistance, at the cost of the plaintiff. The 47.24 officer shall remove the defendant, family, and all personal 47.25 property from the premises and place the plaintiff in possession. 47.26 (c) If the defendant cannot be found in the county, and 47.27 there is no person in charge of the premises, then the officer 47.28 shall enter the premises, breaking in if necessary, and remove 47.29 and store the personal property of the defendant at a place 47.30 designated by the plaintiff as provided in subdivision 3. 47.31 (d) The order may also be executed by a licensed police 47.32 officer or community crime prevention licensed police officer. 47.33 Subd. 2. [PRIORITY; EXECUTION OF PRIORITY ORDER.] An 47.34 officer shall give priority to the execution, under this 47.35 section, of any order to vacate that is based on an eviction 47.36 action under section 15, or on the basis that the defendant is 48.1 causing a nuisance or seriously endangers the safety of other 48.2 residents, their property, or the plaintiff's property. 48.3 Subd. 3. [REMOVAL AND STORAGE OF PROPERTY.] (a) If the 48.4 defendant's personal property is to be stored in a place other 48.5 than the premises, the officer shall remove all personal 48.6 property of the defendant at the expense of the plaintiff. 48.7 (b) The defendant must make immediate payment for all 48.8 expenses of removing personal property from the premises. If 48.9 the defendant fails or refuses to do so, the plaintiff has a 48.10 lien on all the personal property for the reasonable costs and 48.11 expenses incurred in removing, caring for, storing, and 48.12 transporting it to a suitable storage place. 48.13 (c) The plaintiff may enforce the lien by detaining the 48.14 personal property until paid. If no payment has been made for 48.15 60 days after the execution of the order to vacate, the 48.16 plaintiff may hold a public sale as provided in sections 514.18 48.17 to 514.22. 48.18 (d) If the defendant's personal property is to be stored on 48.19 the premises, the officer shall enter the premises, breaking in 48.20 if necessary, and the plaintiff may remove the defendant's 48.21 personal property. Section 35 applies to personal property 48.22 removed under this paragraph. The plaintiff must prepare an 48.23 inventory and mail a copy of the inventory to the defendant's 48.24 last known address or, if the defendant has provided a different 48.25 address, to the address provided. The inventory must be 48.26 prepared, signed, and dated in the presence of the officer and 48.27 must include the following: 48.28 (1) a list of the items of personal property and a 48.29 description of their condition; 48.30 (2) the date, the signature of the defendant or the 48.31 defendant's agent, and the name and telephone number of a person 48.32 authorized to release the personal property; and 48.33 (3) the name and badge number of the officer. 48.34 (e) The officer must retain a copy of the inventory. 48.35 (f) The plaintiff is responsible for the proper removal, 48.36 storage, and care of the defendant's personal property and is 49.1 liable for damages for loss of or injury to it caused by the 49.2 plaintiff's failure to exercise the same care that a reasonably 49.3 careful person would exercise under similar circumstances. 49.4 (g) The plaintiff shall notify the defendant of the date 49.5 and approximate time the officer is scheduled to remove the 49.6 defendant, family, and personal property from the premises. The 49.7 notice must be sent by first class mail. In addition, the 49.8 plaintiff must make a good faith effort to notify the defendant 49.9 by telephone. The notice must be mailed as soon as the 49.10 information regarding the date and approximate time the officer 49.11 is scheduled to enforce the order is known to the plaintiff, 49.12 except that the scheduling of the officer to enforce the order 49.13 need not be delayed because of the notice requirement. The 49.14 notice must inform the defendant that the defendant and the 49.15 defendant's personal property will be removed from the premises 49.16 if the defendant has not vacated the premises by the time 49.17 specified in the notice. 49.18 Subd. 4. [SECOND AND FOURTH JUDICIAL DISTRICTS.] In the 49.19 second and fourth judicial districts, the housing calendar 49.20 consolidation project shall retain jurisdiction in matters 49.21 relating to removal of personal property under this section. If 49.22 the plaintiff refuses to return the property after proper demand 49.23 is made as provided in section 35, the court shall enter an 49.24 order requiring the plaintiff to return the property to the 49.25 defendant and awarding reasonable expenses including attorney 49.26 fees to the defendant. 49.27 Subd. 5. [PENALTY; WAIVER NOT ALLOWED.] Unless the 49.28 premises has been abandoned, a plaintiff, an agent, or other 49.29 person acting under the plaintiff's direction or control who 49.30 enters the premises and removes the defendant's personal 49.31 property in violation of this section is guilty of an unlawful 49.32 ouster under section 27 and is subject to penalty under section 49.33 26. This section may not be waived or modified by lease or 49.34 other agreement. 49.35 Sec. 54. [504B.371] [APPEALS.] 49.36 Subdivision 1. [STATEMENT OF INTENTION TO APPEAL.] If the 50.1 court renders judgment against the defendant and the defendant 50.2 or defendant's attorney informs the court the defendant intends 50.3 to appeal, the court shall issue an order staying the writ for 50.4 recovery of premises and order to vacate for at least 24 hours 50.5 after judgment, except as provided in subdivision 7. 50.6 Subd. 2. [TIME FOR APPEAL.] A party who feels aggrieved by 50.7 the judgment may appeal within ten days as provided for civil 50.8 actions in district court. 50.9 Subd. 3. [APPEAL BOND.] If the party appealing remains in 50.10 possession of the property, that party must give a bond that 50.11 provides that: 50.12 (1) all costs of the appeal will be paid; 50.13 (2) the party will comply with the court's order; and 50.14 (3) all rent and other damages due to the party excluded 50.15 from possession during the pendency of the appeal will be paid. 50.16 Subd. 4. [STAY PENDING APPEAL.] After the appeal is taken, 50.17 all further proceedings in the case are stayed, except as 50.18 provided in subdivision 7. 50.19 Subd. 5. [STAY OF WRIT ISSUED BEFORE APPEAL.] (a) Except 50.20 as provided in subdivision 7, if the court issues a writ for 50.21 recovery of premises and order to vacate before an appeal is 50.22 taken, the appealing party may request that the court stay 50.23 further proceedings and execution of the writ for possession of 50.24 premises and order to vacate, and the court shall grant a stay. 50.25 (b) If the party appealing remains in possession of the 50.26 premises, that party must give a bond under subdivision 3. 50.27 (c) When the officer who has the writ for possession of 50.28 premises and order to vacate is served with the order granting 50.29 the stay, the officer shall cease all further proceedings. If 50.30 the writ for possession of premises and order to vacate has not 50.31 been completely executed, the defendant shall remain in 50.32 possession of the premises until the appeal is decided. 50.33 Subd. 6. [DISMISSAL OF APPEALS; AMENDMENTS; RETURN.] In 50.34 all cases of appeal, the appellate court shall not dismiss or 50.35 quash the proceedings for want of form only, provided they have 50.36 been conducted substantially in accordance with the provisions 51.1 of this chapter. Amendments may be allowed at any time, upon 51.2 such terms as to the court may appear just, in the same cases 51.3 and manner and to the same extent as in civil actions. The 51.4 court may compel the trial court, by attachment, to make or 51.5 amend any return which is withheld or improperly or 51.6 insufficiently made. 51.7 Subd. 7. [EXCEPTION.] Subdivisions 1, 4, and 6 do not 51.8 apply in an action on a lease, against a tenant holding over 51.9 after the expiration of the term of the lease, or a termination 51.10 of the lease by a notice to quit, if the plaintiff gives a bond 51.11 conditioned to pay all costs and damages if on the appeal the 51.12 judgment of restitution is reversed and a new trial ordered. In 51.13 such a case, the court shall issue a writ for recovery of 51.14 premises and order to vacate notwithstanding the notice of 51.15 appeal, as if no appeal had been taken, and the appellate court 51.16 shall issue all needful writs and processes to carry out any 51.17 judgment which may be rendered in the court. 51.18 RESIDENTIAL TENANT ACTIONS 51.19 Sec. 55. [504B.375] [UNLAWFUL EXCLUSION OR REMOVAL; ACTION 51.20 FOR RECOVERY OF POSSESSION.] 51.21 Subdivision 1. [UNLAWFUL EXCLUSION OR REMOVAL.] (a) This 51.22 section applies to actual or constructive removal or exclusion 51.23 of a residential tenant which may include the termination of 51.24 utilities or the removal of doors, windows, or locks. A 51.25 residential tenant to whom this section applies may recover 51.26 possession of the premises as described in paragraphs (b) to (e). 51.27 (b) The residential tenant shall present a verified 51.28 petition to the district court of the judicial district of the 51.29 county in which the premises are located that: 51.30 (1) describes the premises and the landlord; 51.31 (2) specifically states the facts and grounds that 51.32 demonstrate that the exclusion or removal was unlawful, 51.33 including a statement that no writ of recovery of the premises 51.34 and order to vacate has been issued under section 49 in favor of 51.35 the landlord and against the residential tenant and executed in 51.36 accordance with section 53; and 52.1 (3) asks for possession. 52.2 (c) If it clearly appears from the specific grounds and 52.3 facts stated in the verified petition or by separate affidavit 52.4 of the residential tenant or the residential tenant's attorney 52.5 or agent that the exclusion or removal was unlawful, the court 52.6 shall immediately order that the residential tenant have 52.7 possession of the premises. 52.8 (d) The residential tenant shall furnish security, if any, 52.9 that the court finds is appropriate under the circumstances for 52.10 payment of all costs and damages the landlord may sustain if the 52.11 order is subsequently found to have been obtained wrongfully. 52.12 In determining the appropriateness of security, the court shall 52.13 consider the residential tenant's ability to afford monetary 52.14 security. 52.15 (e) The court shall direct the order to the sheriff or any 52.16 constable of the county in which the premises are located and 52.17 the sheriff or constable shall execute the order immediately by 52.18 making a demand for possession on the landlord, if found, or the 52.19 landlord's agent or other person in charge of the premises. If 52.20 the landlord fails to comply with the demand, the officer shall 52.21 take whatever assistance may be necessary and immediately place 52.22 the residential tenant in possession of the premises. If the 52.23 landlord, the landlord's agent, or other person in control of 52.24 the premises cannot be found and if there is no person in 52.25 charge, the officer shall immediately enter into and place the 52.26 residential tenant in possession of the premises. The officer 52.27 shall also serve the order and verified petition or affidavit 52.28 immediately upon the landlord or agent, in the same manner as a 52.29 summons is required to be served in a civil action in district 52.30 court. 52.31 Subd. 2. [MOTION FOR DISSOLUTION OR MODIFICATION OF 52.32 ORDER.] The landlord may, by written motion and notice served by 52.33 mail or personally on the residential tenant or the residential 52.34 tenant's attorney at least two days before the hearing date on 52.35 the motion, obtain dissolution or modification of the order for 52.36 possession issued under subdivision 1, paragraph (c), unless the 53.1 residential tenant proves the facts and grounds on which the 53.2 order is issued. A landlord bringing a motion under this 53.3 subdivision may recover possession of the premises only by an 53.4 eviction action or otherwise provided by law. Upon the 53.5 dissolution of the order, the court shall assess costs against 53.6 the residential tenant, subject to the provisions of section 53.7 563.01, and may allow damages and reasonable attorney fees for 53.8 the wrongful granting of the order for possession. If the order 53.9 is affirmed, the court shall tax costs against the landlord and 53.10 may allow the residential tenant reasonable attorney's fees. 53.11 Subd. 3. [FINALITY OF ORDER.] An order issued under 53.12 subdivision 1, paragraph (c), or affirmed, modified, or 53.13 dissolved under subdivision 2, is a final order for purposes of 53.14 appeal. Either party may appeal the order within ten days after 53.15 entry. If the party appealing remains in possession of the 53.16 premises, bond must be given to: 53.17 (1) pay all costs of the appeal; 53.18 (2) obey the court's order; and 53.19 (3) pay all rent and other damages that justly accrue to 53.20 the party excluded from possession during the pendency of the 53.21 appeal. 53.22 Subd. 4. [WAIVER NOT ALLOWED.] A provision of an oral or 53.23 written lease or other agreement in which a residential tenant 53.24 waives this section is contrary to public policy and void. 53.25 Subd. 5. [PURPOSE.] The purpose of this section is to 53.26 provide an additional and summary remedy for residential tenants 53.27 unlawfully excluded or removed from rental property and, except 53.28 where expressly provided in this section, sections 38 to 54 do 53.29 not apply to proceedings under this section. 53.30 Subd. 6. [APPLICATION.] In addition to residential tenants 53.31 and landlords, this section applies to: 53.32 (1) occupants and owners of residential real property that 53.33 is the subject of a mortgage foreclosure or contract for deed 53.34 cancellation for which the period for redemption or 53.35 reinstatement of the contract has expired; and 53.36 (2) mortgagees and contract for deed vendors. 54.1 Sec. 56. [504B.381] [EMERGENCY TENANT REMEDIES ACTION.] 54.2 Subdivision 1. [PETITION.] A person authorized to bring an 54.3 action under section 59, subdivision 1, may petition the court 54.4 for relief in cases of emergency involving the loss of running 54.5 water, hot water, heat, electricity, sanitary facilities, or 54.6 other essential services or facilities that the landlord is 54.7 responsible for providing. 54.8 Subd. 2. [VENUE.] The venue of the action authorized by 54.9 this section is the county where the residential building 54.10 alleged to contain the emergency condition is located. 54.11 Subd. 3. [PETITION INFORMATION.] The petitioner must 54.12 present a verified petition to the district court that contains: 54.13 (1) a description of the premises and the identity of the 54.14 landlord; 54.15 (2) a statement of the facts and grounds that demonstrate 54.16 the existence of an emergency caused by the loss of essential 54.17 services or facilities; and 54.18 (3) a request for relief. 54.19 Subd. 4. [NOTICE.] The petitioner must attempt to notify 54.20 the landlord, at least 24 hours before application to the court, 54.21 of the petitioner's intent to seek emergency relief. An order 54.22 may be granted without notice to the landlord if the court finds 54.23 that reasonable efforts, as set forth in the petition or by 54.24 separate affidavit, were made to notify the landlord but that 54.25 the efforts were unsuccessful. 54.26 Subd. 5. [RELIEF; SERVICE OF ORDER.] The court may order 54.27 relief as provided in section 64. The petitioner shall serve 54.28 the order on the landlord personally or by mail as soon as 54.29 practicable. 54.30 Subd. 6. [LIMITATION.] This section does not extend to 54.31 emergencies that are the result of the deliberate or negligent 54.32 act or omission of a residential tenant or anyone acting under 54.33 the direction or control of the residential tenant. 54.34 Subd. 7. [EFFECT OF OTHER LAWS.] Section 59, subdivisions 54.35 3 and 4, do not apply to a petition for emergency relief under 54.36 this section. 55.1 Sec. 57. [504B.385] [RENT ESCROW ACTION TO REMEDY 55.2 VIOLATIONS.] 55.3 Subdivision 1. [ESCROW OF RENT.] (a) If a violation exists 55.4 in a residential building, a residential tenant may deposit the 55.5 amount of rent due to the landlord with the court administrator 55.6 using the procedures described in paragraphs (b) to (d). 55.7 (b) For a violation as defined in section 1, subdivision 55.8 14, clause (1), the residential tenant may deposit with the 55.9 court administrator the rent due to the landlord along with a 55.10 copy of the written notice of the code violation as provided in 55.11 section 18, subdivision 2. The residential tenant may not 55.12 deposit the rent or file the written notice of the code 55.13 violation until the time granted to make repairs has expired 55.14 without satisfactory repairs being made, unless the residential 55.15 tenant alleges that the time granted is excessive. 55.16 (c) For a violation as defined in section 1, subdivision 55.17 14, clause (2) or (3), the residential tenant must give written 55.18 notice to the landlord specifying the violation. The notice 55.19 must be delivered personally or sent to the person or place 55.20 where rent is normally paid. If the violation is not corrected 55.21 within 14 days, the residential tenant may deposit the amount of 55.22 rent due to the landlord with the court administrator along with 55.23 an affidavit specifying the violation. The court must provide a 55.24 simplified form affidavit for use under this paragraph. 55.25 (d) The residential tenant need not deposit rent if none is 55.26 due to the landlord at the time the residential tenant files the 55.27 notice required by paragraph (b) or (c). All rent which becomes 55.28 due to the landlord after that time but before the hearing under 55.29 subdivision 6 must be deposited with the court administrator. 55.30 As long as proceedings are pending under this section, the 55.31 residential tenant must pay rent to the landlord or as directed 55.32 by the court and may not withhold rent to remedy a violation. 55.33 Subd. 2. [COUNTERCLAIM FOR POSSESSION.] (a) The landlord 55.34 may file a counterclaim for possession of the property in cases 55.35 where the landlord alleges that the residential tenant did not 55.36 deposit the full amount of rent with the court administrator. 56.1 (b) The court must set the date for a hearing on the 56.2 counterclaim not less than seven nor more than 14 days from the 56.3 day of filing the counterclaim. If the rent escrow hearing and 56.4 the hearing on the counterclaim for possession cannot be heard 56.5 on the same day, the matters must be consolidated and heard on 56.6 the date scheduled for the hearing on the counterclaim. 56.7 (c) The contents of the counterclaim for possession must 56.8 meet the requirements for a complaint under section 44. 56.9 (d) The landlord must serve the counterclaim as provided in 56.10 section 46, except that the affidavit of service or mailing may 56.11 be brought to the hearing rather than filed with the court 56.12 before the hearing. 56.13 (e) The court must provide a simplified form for use under 56.14 this section. 56.15 Subd. 3. [DEFENSES.] The defenses provided in section 62 56.16 are defenses to an action brought under this section. 56.17 Subd. 4. [FILING FEE.] The court administrator may charge 56.18 a filing fee in the amount set for complaints and counterclaims 56.19 in conciliation court, subject to the filing of an inability to 56.20 pay affidavit. 56.21 Subd. 5. [NOTICE OF HEARING.] (a) A hearing must be held 56.22 within ten to 14 days from the day a residential tenant deposits 56.23 rent with the court administrator. 56.24 (b) If the cost of remedying the violation, as estimated by 56.25 the residential tenant, is within the jurisdictional limit for 56.26 conciliation court, the court administrator shall notify the 56.27 landlord and the residential tenant of the time and place of the 56.28 hearing by first class mail. 56.29 (c) The residential tenant must provide the court 56.30 administrator with the landlord's name and address. If the 56.31 landlord has disclosed a post office box as the landlord's 56.32 address under section 17, notice of the hearing may be mailed to 56.33 the post office box. 56.34 (d) If the cost of remedying the violation, as estimated by 56.35 the tenant, is above the jurisdictional limit for conciliation 56.36 court, the tenant must serve the notice of hearing according to 57.1 the Minnesota Rules of Civil Procedure. 57.2 (e) The notice of hearing must specify the amount the 57.3 residential tenant has deposited with the court administrator 57.4 and must inform the landlord that possession of the premises 57.5 will not be in issue at the hearing unless the landlord files a 57.6 counterclaim for possession or an eviction action. 57.7 Subd. 6. [HEARING.] The hearing shall be conducted by a 57.8 court without a jury. A certified copy of an inspection report 57.9 meets the requirements of rule 803(8) of the Minnesota Rules of 57.10 Evidence as an exception to the rule against hearsay, and meets 57.11 the requirements of rules 901 and 902 of the Minnesota Rules of 57.12 Evidence as to authentication. 57.13 Subd. 7. [RELEASE OF RENT PRIOR TO HEARING.] If the 57.14 residential tenant gives written notice to the court 57.15 administrator that the violation has been remedied, the court 57.16 administrator must release the rent to the landlord and, unless 57.17 the hearing has been consolidated with another action, must 57.18 cancel the hearing. If the residential tenant and the landlord 57.19 enter into a written agreement signed by both parties 57.20 apportioning the rent between them, the court administrator must 57.21 release the rent in accordance with the written agreement and 57.22 cancel the hearing. 57.23 Subd. 8. [CONSOLIDATION WITH AN EVICTION ACTION.] Actions 57.24 under this section and eviction actions which involve the same 57.25 parties must be consolidated and heard on the date scheduled for 57.26 the eviction action. 57.27 Subd. 9. [JUDGMENT.] (a) Upon finding that a violation 57.28 exists, the court may, in its discretion, do any or all of the 57.29 following: 57.30 (1) order relief as provided in section 64, including 57.31 retroactive rent abatement; 57.32 (2) order that all or a portion of the rent in escrow be 57.33 released for the purpose of remedying the violation; 57.34 (3) order that rent be deposited with the court as it 57.35 becomes due to the landlord or abate future rent until the 57.36 landlord remedies the violation; or 58.1 (4) impose fines as required in section 58. 58.2 (b) When a proceeding under this section has been 58.3 consolidated with a counterclaim for possession or an eviction 58.4 action, and the landlord prevails, the residential tenant may 58.5 redeem the tenancy as provided in section 39. 58.6 (c) When a proceeding under this section has been 58.7 consolidated with a counterclaim for possession or an eviction 58.8 action on the grounds of nonpayment, the court may not require 58.9 the residential tenant to pay the landlord's filing fee as a 58.10 condition of retaining possession of the property when the 58.11 residential tenant has deposited with the court the full amount 58.12 of money found by the court to be owed to the landlord. 58.13 Subd. 10. [RELEASE OF RENT AFTER HEARING.] If the court 58.14 finds, after a hearing on the matter has been held, that no 58.15 violation exists in the building or that the residential tenant 58.16 did not deposit the full amount of rent due with the court 58.17 administrator, it shall order the immediate release of the rent 58.18 to the landlord. If the court finds that a violation existed, 58.19 but was remedied between the commencement of the action and the 58.20 hearing, it may order rent abatement and must release the rent 58.21 to the parties accordingly. Any rent found to be owed to the 58.22 residential tenant must be released to the tenant. 58.23 Subd. 11. [RETALIATION; WAIVER NOT ALLOWED.] Section 67 58.24 applies to proceedings under this section. The residential 58.25 tenant rights under this section may not be waived or modified 58.26 and are in addition to and do not limit other rights or remedies 58.27 which may be available to the residential tenant and landlord, 58.28 except as provided in subdivision 1. 58.29 Sec. 58. [504B.391] [VIOLATIONS OF BUILDING REPAIR 58.30 ORDERS.] 58.31 Subdivision 1. [NONCOMPLIANCE; FINES.] If the court finds 58.32 that a landlord has willfully failed to comply with a court 58.33 order to remedy a violation, the court shall fine the landlord 58.34 according to the following schedule: 58.35 (1) $250 for the first failure to comply; 58.36 (2) $500 for the second failure to comply with an order 59.1 regarding the same violation; and 59.2 (3) $750 for the third and each subsequent failure to 59.3 comply with an order regarding the same violation. 59.4 Subd. 2. [CRIMINAL PENALTY.] A landlord who willfully 59.5 fails to comply with a court order to remedy a violation is 59.6 guilty of a gross misdemeanor if it is the third or subsequent 59.7 time that the landlord has willfully failed to comply with an 59.8 order to remedy a violation within a three-year period. 59.9 TENANT REMEDIES ACTION 59.10 Sec. 59. [504B.395] [PROCEDURE.] 59.11 Subdivision 1. [WHO MAY BRING ACTION.] An action may be 59.12 brought in district court by: 59.13 (1) a residential tenant of a residential building in which 59.14 a violation, as defined in section 1, subdivision 14, is alleged 59.15 to exist; 59.16 (2) any housing-related neighborhood organization with the 59.17 written permission of a residential tenant of a residential 59.18 building in which a violation, as defined in section 1, 59.19 subdivision 14, clause (1) or (2), is alleged to exist; 59.20 (3) a housing-related neighborhood organization that has 59.21 within its geographical area an unoccupied residential building 59.22 in which a violation, as defined in section 1, subdivision 14, 59.23 clause (1) or (2), is alleged to exist; or 59.24 (4) a state, county, or local department or authority, 59.25 charged with the enforcement of codes relating to health, 59.26 housing, or building maintenance. 59.27 Subd. 2. [VENUE.] The venue of the action authorized by 59.28 this section is the county where the residential building 59.29 alleged to contain violations is located. 59.30 Subd. 3. [WHEN ACTION MAY BE BROUGHT.] (a) After a 59.31 residential building inspection has been made under section 18, 59.32 an action may not be brought under sections 56, 57, or 59 to 69 59.33 until the time granted under section 18, subdivision 2, has 59.34 expired and satisfactory repairs to remove the code violations 59.35 have not been made. 59.36 (b) Notwithstanding paragraph (a), an action may be brought 60.1 if the residential tenant, or neighborhood organization with the 60.2 written permission of a tenant, alleges the time granted under 60.3 section 18, subdivision 2, is excessive. 60.4 Subd. 4. [LANDLORD MUST BE INFORMED.] A landlord must be 60.5 informed in writing of an alleged violation at least 14 days 60.6 before an action is brought by: 60.7 (1) a residential tenant of a residential building in which 60.8 a violation as defined in section 1, subdivision 14, clause (2) 60.9 or (3), is alleged to exist; or 60.10 (2) a housing-related neighborhood organization, with the 60.11 written permission of a residential tenant of a residential 60.12 building in which a violation, as defined in section 1, 60.13 subdivision 14, clause (2), is alleged to exist. The notice 60.14 requirement may be waived if the court finds that the landlord 60.15 cannot be located despite diligent efforts. 60.16 Subd. 5. [SUMMONS AND COMPLAINT REQUIRED.] The action must 60.17 be started by service of a complaint and summons. The summons 60.18 may be issued only by a judge or court administrator. 60.19 Subd. 6. [CONTENTS OF COMPLAINT.] (a) The complaint must 60.20 be verified and must: 60.21 (1) allege material facts showing that a violation or 60.22 violations exist in the residential building; 60.23 (2) state the relief sought; and 60.24 (3) list the rent due each month from each dwelling unit 60.25 within the residential building, if known. 60.26 (b) If the violation is a violation as defined in section 60.27 1, subdivision 14, clause (1), the complaint must be accompanied 60.28 by: 60.29 (1) a copy of the official report of inspection by a 60.30 department of health, housing, or buildings, certified by the 60.31 custodian of records of that department stating: 60.32 (i) when and by whom the residential building concerned was 60.33 inspected; 60.34 (ii) what code violations were recorded; and 60.35 (iii) that notice of the code violations has been given to 60.36 the landlord; or 61.1 (2) a statement that a request for inspection was made to 61.2 the appropriate state, county, or municipal department, that 61.3 demand was made on the landlord to correct the alleged code 61.4 violation, and that a reasonable period of time has elapsed 61.5 since the demand or request was made. 61.6 Sec. 60. [504B.401] [SUMMONS.] 61.7 Subdivision 1. [CONTENTS.] (a) On receipt of the complaint 61.8 in section 59, the court administrator shall prepare a summons. 61.9 The summons shall: 61.10 (1) specify the time and place of the hearing to be held on 61.11 the complaint; and 61.12 (2) state that if at the time of the hearing a defense is 61.13 not interposed and established by the landlord, judgment may be 61.14 entered for the relief requested and authorized by sections 56 61.15 and 59 to 73. 61.16 (b) The hearing must be scheduled not less than five nor 61.17 more than ten days after receipt of the complaint by the court 61.18 administrator. 61.19 Subd. 2. [SERVICE.] The summons and complaint must be 61.20 served upon the landlord or the landlord's agent not less than 61.21 five nor more than ten days before the hearing. Service shall 61.22 be by personal service upon the defendant pursuant to the 61.23 Minnesota Rules of Civil Procedure. If personal service cannot 61.24 be made with due diligence, service may be made by affixing a 61.25 copy of the summons and complaint prominently to the residential 61.26 building involved, and mailing at the same time a copy of the 61.27 summons and complaint by certified mail to the last known 61.28 address of the landlord. 61.29 Sec. 61. [504B.411] [ANSWER.] 61.30 At or before the time of the hearing, the landlord may 61.31 answer in writing. Defenses that are not contained in a written 61.32 answer must be orally pleaded at the hearing before any 61.33 testimony is taken. No delays in the date of hearing may be 61.34 granted to allow time to prepare a written answer or reply 61.35 except with the consent of all parties. 61.36 Sec. 62. [504B.415] [DEFENSES.] 62.1 It is a sufficient defense to a complaint under section 57 62.2 or 59 that: 62.3 (1) the violation or violations alleged in the complaint do 62.4 not exist or that the violation or violations have been removed 62.5 or remedied; 62.6 (2) the violations have been caused by the willful, 62.7 malicious, negligent, or irresponsible conduct of a complaining 62.8 residential tenant or anyone under the tenant's direction or 62.9 control; or 62.10 (3) a residential tenant of the residential building has 62.11 unreasonably refused entry to the landlord or the landlord's 62.12 agent to a portion of the property for the purpose of correcting 62.13 the violation, and that the effort to correct was made in good 62.14 faith. 62.15 Sec. 63. [504B.421] [HEARING.] 62.16 If issues of fact are raised, they must be tried by the 62.17 court without a jury. The court may grant a postponement of the 62.18 trial on its own motion or at the request of a party if it 62.19 determines that postponements are necessary to enable a party to 62.20 procure necessary witnesses or evidence. A postponement must be 62.21 for no more than ten days except by consent of all appearing 62.22 parties. 62.23 Sec. 64. [504B.425] [JUDGMENT.] 62.24 (a) If the court finds that the complaint in section 59 has 62.25 been proved, it may, in its discretion, take any of the actions 62.26 described in paragraphs (b) to (g), either alone or in 62.27 combination. 62.28 (b) The court may order the landlord to remedy the 62.29 violation or violations found by the court to exist if the court 62.30 is satisfied that corrective action will be undertaken promptly. 62.31 (c) The court may order the residential tenant to remedy 62.32 the violation or violations found by the court to exist and 62.33 deduct the cost from the rent subject to the terms as the court 62.34 determines to be just. 62.35 (d) The court may appoint an administrator with powers 62.36 described in section 68, and: 63.1 (1) direct that rents due: 63.2 (i) on and from the day of entry of judgment, in the case 63.3 of petitioning residential tenants or housing-related 63.4 neighborhood organizations; and 63.5 (ii) on and from the day of service of the judgment on all 63.6 other residential and commercial tenants of the residential 63.7 building, if any, 63.8 shall be deposited with the administrator appointed by the 63.9 court; and 63.10 (2) direct that the administrator use the rents collected 63.11 to remedy the violations found to exist by the court by paying 63.12 the debt service, taxes, and insurance, and providing the 63.13 services necessary to the ordinary operation and maintenance of 63.14 the residential building which the landlord is obligated to 63.15 provide but fails or refuses to provide. 63.16 (e) The court may find the extent to which any uncorrected 63.17 violations impair the residential tenants' use and enjoyment of 63.18 the property contracted for and order the rent abated 63.19 accordingly. If the court enters judgment under this paragraph, 63.20 the parties shall be informed and the court shall determine the 63.21 amount by which the rent is to be abated. 63.22 (f) After termination of administration, the court may 63.23 continue the jurisdiction of the court over the residential 63.24 building for a period of one year and order the landlord to 63.25 maintain the residential building in compliance with all 63.26 applicable state, county, and city health, safety, housing, 63.27 building, fire prevention, and housing maintenance codes. 63.28 (g) The court may grant any other relief it deems just and 63.29 proper, including a judgment against the landlord for reasonable 63.30 attorney fees, not to exceed $500, in the case of a prevailing 63.31 residential tenant or neighborhood organization. The $500 63.32 limitation does not apply to awards made under section 549.211 63.33 or other specific statutory authority. 63.34 Sec. 65. [504B.431] [SERVICE OF JUDGMENT.] 63.35 A copy of the judgment must be personally served on every 63.36 residential and commercial tenant of the residential building 64.1 whose obligations will be affected by the judgment. If, with 64.2 due diligence, personal service cannot be made, service may be 64.3 made by posting a notice of the judgment on the entrance door of 64.4 the residential tenant's dwelling or commercial tenant's unit 64.5 and by mailing a copy of the judgment to the residential tenant 64.6 or commercial tenant by certified mail. 64.7 Sec. 66. [504B.435] [LANDLORD'S RIGHT TO COLLECT RENT 64.8 SUSPENDED.] 64.9 If an administrator has been appointed pursuant to section 64.10 64, paragraph (d), any right of the landlord to collect rent 64.11 from the petitioner is void and unenforceable from the time the 64.12 court signs the order for judgment until the administration is 64.13 terminated. Any right of the landlord to collect rent from 64.14 other tenants is void and unenforceable from the time of service 64.15 of judgment as set forth in section 65 until the administration 64.16 is terminated. 64.17 Sec. 67. [504B.441] [RESIDENTIAL TENANT MAY NOT BE 64.18 PENALIZED FOR COMPLAINT.] 64.19 A residential tenant may not be evicted, nor may the 64.20 residential tenant's obligations under a lease be increased or 64.21 the services decreased, if the eviction or increase of 64.22 obligations or decrease of services is intended as a penalty for 64.23 the residential tenant's or housing-related neighborhood 64.24 organization's complaint of a violation. The burden of proving 64.25 otherwise is on the landlord if the eviction or increase of 64.26 obligations or decrease of services occurs within 90 days after 64.27 filing the complaint, unless the court finds that the complaint 64.28 was not made in good faith. After 90 days the burden of proof 64.29 is on the residential tenant. 64.30 Sec. 68. [504B.445] [ADMINISTRATOR.] 64.31 Subdivision 1. [APPOINTMENT.] The administrator may be a 64.32 person, local government unit or agency, other than a landlord 64.33 of the building, the inspector, the complaining residential 64.34 tenant, or a person living in the complaining residential 64.35 tenant's dwelling unit. If a state or court agency is 64.36 authorized by statute, ordinance, or regulation to provide 65.1 persons or neighborhood organizations to act as administrators 65.2 under this section, the court may appoint them to the extent 65.3 they are available. 65.4 Subd. 2. [POSTING BOND.] A person or neighborhood 65.5 organization appointed as administrator shall post bond to the 65.6 extent of the rents expected by the court to be necessary to be 65.7 collected to correct the violation or violations. 65.8 Administrators appointed from governmental agencies shall not be 65.9 required to post bond. 65.10 Subd. 3. [EXPENSES.] The court may allow a reasonable 65.11 amount for the services of administrators and the expense of the 65.12 administration from rent money. When the administration 65.13 terminates, the court may enter judgment against the landlord in 65.14 a reasonable amount for the services and expenses incurred by 65.15 the administrator. 65.16 Subd. 4. [POWERS.] The administrator may: 65.17 (1) collect rents from residential and commercial tenants, 65.18 evict residential and commercial tenants for nonpayment of rent 65.19 or other cause, enter into leases for vacant dwelling units, 65.20 rent vacant commercial units with the consent of the landlord, 65.21 and exercise other powers necessary and appropriate to carry out 65.22 the purposes of sections 56 and 59 to 73; 65.23 (2) contract for the reasonable cost of materials, labor, 65.24 and services necessary to remedy the violation or violations 65.25 found by the court to exist and for the rehabilitation of the 65.26 property to maintain safe and habitable conditions over the 65.27 useful life of the property, and disburse money for these 65.28 purposes from funds available for the purpose; 65.29 (3) provide services to the residential tenants that the 65.30 landlord is obligated to provide but refuses or fails to 65.31 provide, and pay for them from funds available for the purpose; 65.32 (4) petition the court, after notice to the parties, for an 65.33 order allowing the administrator to encumber the property to 65.34 secure funds to the extent necessary to cover the costs 65.35 described in clause (2), including reasonable fees for the 65.36 administrator's services, and to pay for the costs from funds 66.1 derived from the encumbrance; and 66.2 (5) petition the court, after notice to the parties, for an 66.3 order allowing the administrator to receive funds made available 66.4 for this purpose by the federal or state governing body or the 66.5 municipality to the extent necessary to cover the costs 66.6 described in clause (2) and pay for them from funds derived from 66.7 this source. 66.8 The municipality shall recover disbursements under clause 66.9 (5) by special assessment on the real estate affected, bearing 66.10 interest at the rate determined by the municipality, but not to 66.11 exceed the rate established for finance charges for open-end 66.12 credit sales under section 334.16, subdivision 1, clause (b). 66.13 The assessment, interest, and any penalties shall be collected 66.14 as are special assessments made for other purposes under state 66.15 statute or municipal charter. 66.16 Subd. 5. [TERMINATION OF ADMINISTRATION.] At any time 66.17 during the administration, the administrator or any party may 66.18 petition the court after notice to all parties for an order 66.19 terminating the administration on the ground that the funds 66.20 available to the administrator are insufficient to effect the 66.21 prompt remedy of the violations. If the court finds that the 66.22 petition is proved, the court shall terminate the administration 66.23 and proceed to judgment under section 64, paragraph (e). 66.24 Subd. 6. [RESIDENTIAL BUILDING REPAIRS AND SERVICES.] The 66.25 administrator must first contract and pay for residential 66.26 building repairs and services necessary to keep the residential 66.27 building habitable before other expenses may be paid. If 66.28 sufficient funds are not available for paying other expenses, 66.29 such as tax and mortgage payments, after paying for necessary 66.30 repairs and services, the landlord is responsible for the other 66.31 expenses. 66.32 Subd. 7. [ADMINISTRATOR'S LIABILITY.] The administrator 66.33 may not be held personally liable in the performance of duties 66.34 under this section except for misfeasance, malfeasance, or 66.35 nonfeasance of office. 66.36 Subd. 8. [DWELLING'S ECONOMIC VIABILITY.] In considering 67.1 whether to grant the administrator funds under subdivision 4, 67.2 the court must consider factors relating to the long-term 67.3 economic viability of the dwelling, including: 67.4 (1) the causes leading to the appointment of an 67.5 administrator; 67.6 (2) the repairs necessary to bring the property into code 67.7 compliance; 67.8 (3) the market value of the property; and 67.9 (4) whether present and future rents will be sufficient to 67.10 cover the cost of repairs or rehabilitation. 67.11 Sec. 69. [504B.451] [RECEIVERSHIP REVOLVING LOAN FUND.] 67.12 The Minnesota housing finance agency may establish a 67.13 revolving loan fund to pay the administrative expenses of 67.14 receivership administrators under section 68 for properties for 67.15 occupancy by low- and moderate-income persons or families. 67.16 Landlords must repay administrative expense payments made from 67.17 the fund. 67.18 Sec. 70. [504B.455] [REMOVAL OF ADMINISTRATOR.] 67.19 Subdivision 1. [PETITION BY ADMINISTRATOR.] The 67.20 administrator may, after notice to all parties, petition the 67.21 court to be relieved of duties, including in the petition the 67.22 reasons for it. The court may, in its discretion, grant the 67.23 petition and discharge the administrator upon approval of the 67.24 accounts. 67.25 Subd. 2. [PETITION BY A PARTY.] A party may, after notice 67.26 to the administrator and all other parties, petition the court 67.27 to remove the administrator. If the party shows good cause, the 67.28 court shall order the administrator removed and direct the 67.29 administrator to immediately deliver to the court an accounting 67.30 of administration. The court may make any other order necessary 67.31 and appropriate under the circumstances. 67.32 Subd. 3. [APPOINTMENT OF NEW ADMINISTRATOR.] If the 67.33 administrator is removed, the court shall appoint a new 67.34 administrator in accordance with section 68, giving all parties 67.35 an opportunity to be heard. 67.36 Sec. 71. [504B.461] [TERMINATION OF ADMINISTRATION.] 68.1 Subdivision 1. [EVENTS OF TERMINATION.] The administration 68.2 shall be terminated upon one of the following: 68.3 (1) certification is secured from the appropriate 68.4 governmental agency that the violations found by the court to 68.5 exist at the time of judgment have been remedied; or 68.6 (2) an order according to section 68, subdivision 5. 68.7 Subd. 2. [ACCOUNTING BY ADMINISTRATOR.] After the 68.8 occurrence of any of the conditions in subdivision 1, the 68.9 administrator shall: 68.10 (1) submit to the court an accounting of receipts and 68.11 disbursements of the administration together with copies of all 68.12 bills, receipts, and other memoranda pertaining to the 68.13 administration, and, where appropriate, a certification by an 68.14 appropriate governmental agency that the violations found by the 68.15 court to exist at the time of judgment have been remedied; and 68.16 (2) comply with any other order the court makes as a 68.17 condition of discharge. 68.18 Subd. 3. [DISCHARGE OF ADMINISTRATOR.] Upon approval by 68.19 the court of the administrator's accounts and compliance by the 68.20 administrator with any other order the court may make as a 68.21 condition of discharge, the court shall discharge the 68.22 administrator from any further responsibilities pursuant to 68.23 section 56 and sections 59 to 73. 68.24 Sec. 72. [504B.465] [WAIVER NOT ALLOWED.] 68.25 Any provision of a lease or other agreement in which a 68.26 provision of section 56 or sections 59 to 73 is waived by a 68.27 residential tenant is contrary to public policy and void. 68.28 Sec. 73. [504B.471] [PURPOSE TO PROVIDE ADDITIONAL 68.29 REMEDIES.] 68.30 The purpose of section 56 and sections 59 to 73 is to 68.31 provide additional remedies and nothing contained in those 68.32 sections alters the ultimate financial liability of the landlord 68.33 or residential tenant for repairs or maintenance of the building. 68.34 Sec. 74. [INSTRUCTION TO REVISOR.] 68.35 If Minnesota Statutes, chapter 504, 504A, or 566 is amended 68.36 in the 1999 legislative session, the revisor of statutes shall 69.1 codify the amendments in chapter 504B. 69.2 Sec. 75. [REPEALER.] 69.3 Laws 1998, chapter 253, sections 1 to 79, are repealed. 69.4 Sec. 76. [EFFECTIVE DATE.] 69.5 This article is effective July 1, 1999. 69.6 ARTICLE 2 69.7 CONFORMING CHANGES 69.8 Section 1. Minnesota Statutes 1998, section 72A.20, 69.9 subdivision 23, is amended to read: 69.10 Subd. 23. [DISCRIMINATION IN AUTOMOBILE INSURANCE 69.11 POLICIES.] (a) No insurer that offers an automobile insurance 69.12 policy in this state shall: 69.13 (1) use the employment status of the applicant as an 69.14 underwriting standard or guideline; or 69.15 (2) deny coverage to a policyholder for the same reason. 69.16 (b) No insurer that offers an automobile insurance policy 69.17 in this state shall: 69.18 (1) use the applicant's status as a residential tenant, as 69.19 the term is defined in section
566.18, subdivision 2504B.001, 69.20 subdivision 12, as an underwriting standard or guideline; or 69.21 (2) deny coverage to a policyholder for the same reason; or 69.22 (3) make any discrimination in offering or establishing 69.23 rates, premiums, dividends, or benefits of any kind, or by way 69.24 of rebate, for the same reason. 69.25 (c) No insurer that offers an automobile insurance policy 69.26 in this state shall: 69.27 (1) use the failure of the applicant to have an automobile 69.28 policy in force during any period of time before the application 69.29 is made as an underwriting standard or guideline; or 69.30 (2) deny coverage to a policyholder for the same reason. 69.31 This provision does not apply if the applicant was required 69.32 by law to maintain automobile insurance coverage and failed to 69.33 do so. 69.34 An insurer may require reasonable proof that the applicant 69.35 did not fail to maintain this coverage. The insurer is not 69.36 required to accept the mere lack of a conviction or citation for 70.1 failure to maintain this coverage as proof of failure to 70.2 maintain coverage. The insurer must provide the applicant with 70.3 information identifying the documentation that is required to 70.4 establish reasonable proof that the applicant did not fail to 70.5 maintain the coverage. 70.6 (d) No insurer that offers an automobile insurance policy 70.7 in this state shall use an applicant's prior claims for benefits 70.8 paid under section 65B.44 as an underwriting standard or 70.9 guideline if the applicant was 50 percent or less negligent in 70.10 the accident or accidents causing the claims. 70.11 Sec. 2. Minnesota Statutes 1998, section 82.24, 70.12 subdivision 7, is amended to read: 70.13 Subd. 7. [INTEREST BEARING ACCOUNTS.] Notwithstanding the 70.14 provisions of sections 82.17 to 82.31, a real estate broker may 70.15 establish and maintain interest bearing accounts for the purpose 70.16 of receiving deposits in accordance with the provisions of 70.17 section 504.20504B.178. 70.18 Sec. 3. Minnesota Statutes 1998, section 144.9504, 70.19 subdivision 7, is amended to read: 70.20 Subd. 7. [RELOCATION OF RESIDENTS.] (a) Within the limits 70.21 of appropriations, the assessing agency shall ensure that 70.22 residents are relocated from rooms or dwellings during a lead 70.23 hazard reduction process that generates leaded dust, such as 70.24 removal or disruption of lead-based paint or plaster that 70.25 contains lead. Residents shall not remain in rooms or dwellings 70.26 where the lead hazard reduction process is occurring. An 70.27 assessing agency is not required to pay for relocation unless 70.28 state or federal funding is available for this purpose. The 70.29 assessing agency shall make an effort to assist the resident in 70.30 locating resources that will provide assistance with relocation 70.31 costs. Residents shall be allowed to return to the residence or 70.32 dwelling after completion of the lead hazard reduction process. 70.33 An assessing agency shall use grant funds under section 144.9507 70.34 if available, in cooperation with local housing agencies, to pay 70.35 for moving costs and rent for a temporary residence for any 70.36 low-income resident temporarily relocated during lead hazard 71.1 reduction. For purposes of this section, "low-income resident" 71.2 means any resident whose gross household income is at or below 71.3 185 percent of federal poverty level. 71.4 (b) A resident of rental property who is notified by an 71.5 assessing agency to vacate the premises during lead hazard 71.6 reduction, notwithstanding any rental agreement or lease 71.7 provisions: 71.8 (1) shall not be required to pay rent due the landlord for 71.9 the period of time the tenant vacates the premises due to lead 71.10 hazard reduction; 71.11 (2) may elect to immediately terminate the tenancy 71.12 effective on the date the tenant vacates the premises due to 71.13 lead hazard reduction; and 71.14 (3) shall not, if the tenancy is terminated, be liable for 71.15 any further rent or other charges due under the terms of the 71.16 tenancy. 71.17 (c) A landlord of rental property whose tenants vacate the 71.18 premises during lead hazard reduction shall: 71.19 (1) allow a tenant to return to the dwelling unit after 71.20 lead hazard reduction and clearance inspection, required under 71.21 this section, is completed, unless the tenant has elected to 71.22 terminate the tenancy as provided for in paragraph (b); and 71.23 (2) return any security deposit due under section 504.2071.24 504B.178 within five days of the date the tenant vacates the 71.25 unit, to any tenant who terminates tenancy as provided for in 71.26 paragraph (b). 71.27 Sec. 4. Minnesota Statutes 1998, section 144A.13, 71.28 subdivision 2, is amended to read: 71.29 Subd. 2. [RESIDENT'S RIGHTS.] The administrator of a 71.30 nursing home shall inform each resident in writing at the time 71.31 of admission of the right to complain to the administrator about 71.32 facility accommodations and services. A notice of the right to 71.33 complain shall be posted in the nursing home. The administrator 71.34 shall also inform each resident of the right to complain to the 71.35 commissioner of health. No controlling person or employee of a 71.36 nursing home shall retaliate in any way against a complaining 72.1 nursing home resident and no nursing home resident may be denied 72.2 any right available to the resident under chapter 566504B. 72.3 Sec. 5. Minnesota Statutes 1998, section 144D.06, is 72.4 amended to read: 72.5 144D.06 [OTHER LAWS.] 72.6 A housing with services establishment shall obtain and 72.7 maintain all other licenses, permits, registrations, or other 72.8 governmental approvals required of it in addition to 72.9 registration under this chapter. A housing with services 72.10 establishment is subject to the provisions of sections 504.01 to72.11 504.28 and 566.01 to 566.175chapter 504B. 72.12 Sec. 6. Minnesota Statutes 1998, section 216C.30, 72.13 subdivision 5, is amended to read: 72.14 Subd. 5. [REMEDIES ADDITIONAL FOR HEALTH OR SAFETY 72.15 VIOLATION.] For purposes of sections 504.18504B.161 and 566.1872.16 504B.185 and 504B.381 to 566.33504B.471, the weatherstripping, 72.17 caulking, storm window, and storm door energy efficiency 72.18 standards for renter-occupied residences prescribed by section 72.19 216C.27, subdivisions 1 and 3, are health and safety standards 72.20 and the penalties and remedies provided in this section are in 72.21 addition to and do not limit remedies otherwise available to 72.22 tenants of renter-occupied residences. 72.23 Sec. 7. Minnesota Statutes 1998, section 299C.67, 72.24 subdivision 5, is amended to read: 72.25 Subd. 5. [OWNER.] "Owner" has the meaning given to 72.26 "landlord" in section 566.18, subdivision 3504B.001, 72.27 subdivision 7. However, "owner" does not include a person who 72.28 owns, operates, or is in control of a health care facility or a 72.29 home health agency licensed by the commissioner of health or 72.30 human services under chapter 144, 144A, 144B, or 245A, or a 72.31 board and lodging establishment with special services registered 72.32 under section 157.17. 72.33 Sec. 8. Minnesota Statutes 1998, section 299C.67, 72.34 subdivision 7, is amended to read: 72.35 Subd. 7. [TENANT.] "Tenant" has the meaning given to 72.36 "residential tenant" in section 566.18, subdivision 2504B.001, 73.1 subdivision 12. 73.2 Sec. 9. Minnesota Statutes 1998, section 299C.69, is 73.3 amended to read: 73.4 299C.69 [OWNER DUTIES IF MANAGER CONVICTED OF CRIME.] 73.5 (a) If the superintendent's response indicates that the 73.6 manager has been convicted of a background check crime defined 73.7 in section 299C.67, subdivision 2, paragraph (a), the owner may 73.8 not hire the manager or, if the manager was hired pending 73.9 completion of the background check, shall terminate the 73.10 manager's employment. Except as provided in paragraph (c), if 73.11 an owner otherwise knows that a manager has been convicted of a 73.12 background check crime defined in section 299C.67, subdivision 73.13 2, paragraph (a), the owner shall terminate the manager's 73.14 employment. 73.15 (b) If the superintendent's response indicates that the 73.16 manager has been convicted of a background check crime defined 73.17 in section 299C.67, subdivision 2, paragraph (b), the owner may 73.18 not hire the manager unless more than ten years have elapsed 73.19 since the date of discharge of the sentence. If the manager was 73.20 hired pending completion of the background check, the owner 73.21 shall terminate the manager's employment unless more than ten 73.22 years have elapsed since the date of discharge of the sentence. 73.23 Except as provided in paragraph (c), if an owner otherwise knows 73.24 that a manager has been convicted of a background check crime 73.25 defined in section 299C.67, subdivision 2, paragraph (b), the 73.26 owner shall terminate the manager's employment unless more than 73.27 ten years have elapsed since the date of discharge of the 73.28 sentence. 73.29 (c) If an owner knows that a manager hired before July 1, 73.30 1995, was convicted of a background check crime for an offense 73.31 committed before July 1, 1995, the owner may continue to employ 73.32 the manager. However, the owner shall notify all tenants and 73.33 prospective tenants whose dwelling units would be accessible to 73.34 the manager of the crime for which the manager has been 73.35 convicted and of the right of a current tenant to terminate the 73.36 tenancy under this paragraph, if the manager was convicted of a 74.1 background check crime defined in: 74.2 (1) section 299C.67, subdivision 2, paragraph (a); or 74.3 (2) section 299C.67, subdivision 2, paragraph (b), unless 74.4 more than ten years have elapsed since the sentence was 74.5 discharged. 74.6 Notwithstanding a lease provision to the contrary, a 74.7 current tenant who receives a notice under this paragraph may 74.8 terminate the tenancy within 60 days of receipt of the notice by 74.9 giving the owner at least 14 days' advance notice of the 74.10 termination date. 74.11 (d) The owner shall notify the manager of any action taken 74.12 under this subdivision. 74.13 (e) If an owner is required to terminate a manager's 74.14 employment under paragraph (a) or (b), or terminates a manager's 74.15 employment in lieu of notifying tenants under paragraph (c), the 74.16 owner is not liable under any law, contract, or agreement, 74.17 including liability for unemployment compensation claims, for 74.18 terminating the manager's employment in accordance with this 74.19 section. Notwithstanding a lease or agreement governing 74.20 termination of the tenancy, if the manager whose employment is 74.21 terminated is also a tenant, the owner may terminate the tenancy 74.22 immediately upon giving notice to the manager. An unlawful74.23 detainereviction action to enforce the termination of the 74.24 tenancy must be treated as a priority writ under 74.25 sections 566.05, 566.07, 566.09, subdivision 1, 566.16,74.26 subdivision 2, and 566.17, subdivision 1a504B.321; 504B.335; 74.27 504B.345, subdivision 1; 504B.361, subdivision 2; and 504B.365, 74.28 subdivision 2. 74.29 Sec. 10. Minnesota Statutes 1998, section 327C.02, 74.30 subdivision 2a, is amended to read: 74.31 Subd. 2a. [ACTION TO RECOVER POSSESSION OF LAND.] 74.32 Notwithstanding section 566.09504B.345, in an action to recover 74.33 possession of land for violation of a new or amended rule, if 74.34 the court finds that the rule is reasonable or is not a 74.35 substantial modification, the court shall issue an order in 74.36 favor of the plaintiff for costs. The court shall order the 75.1 defendant to comply with the rule within ten days. If the 75.2 resident fails to comply with the rule at any time after the 75.3 time period provided by the court, the park owner may, upon a 75.4 showing to the court that three days' written notice was given 75.5 to the resident, move the court for writ of restitution to 75.6 recover possession of the lot. 75.7 Sec. 11. Minnesota Statutes 1998, section 327C.03, 75.8 subdivision 4, is amended to read: 75.9 Subd. 4. [SECURITY DEPOSIT.] A park owner may require a 75.10 resident to deposit with the park owner a fee, not to exceed the 75.11 amount of two months' rent, to secure the resident's performance 75.12 of the rental agreement and to protect the park owner against 75.13 damage by the resident to park property, including any damage 75.14 done by the resident in the installation or removal of the 75.15 resident's home. The provisions of section 504.20504B.178 75.16 shall apply to any security deposit required by a park owner 75.17 under this subdivision. 75.18 Sec. 12. Minnesota Statutes 1998, section 327C.10, 75.19 subdivision 1, is amended to read: 75.20 Subdivision 1. [NONPAYMENT OF RENT.] In any action to 75.21 recover possession for failure to pay rent, it shall be a 75.22 defense that the sum allegedly due contains a charge which 75.23 violates section 327C.03, or that the park owner has injured the 75.24 defendant by failing to comply with section 504.18504B.161. 75.25 Sec. 13. Minnesota Statutes 1998, section 327C.11, 75.26 subdivision 1, is amended to read: 75.27 Subdivision 1. [RIGHT OF REDEMPTION.] The right of 75.28 redemption, as expressed in section 504.02504B.291 and the 75.29 common law, is available to a resident from whom a park owner 75.30 seeks to recover possession for nonpayment of rent, but no 75.31 resident may exercise that right more than twice in any 12-month 75.32 period; provided, that a resident may exercise the right of 75.33 redemption more than twice in any 12-month period by paying the 75.34 park owner's actual reasonable attorney's fees as part of each 75.35 additional exercise of that right during the 12-month period. 75.36 Sec. 14. Minnesota Statutes 1998, section 363.033, is 76.1 amended to read: 76.2 363.033 [RENTAL HOUSING PRIORITY; ACCESSIBLE UNITS.] 76.3 Subdivision 1. [DEFINITIONS.] The definitions in this 76.4 subdivision apply to this section. 76.5 (a) "Accessible unit" means an accessible rental housing 76.6 unit that meets the handicapped facility requirements of the 76.7 State Building Code, Minnesota Rules, chapter 1340. 76.8 (b) " OwnerLandlord" has the meaning given it in 76.9 section 566.18, subdivision 3504B.001, subdivision 7. 76.10 Subd. 2. [PRIORITY REQUIREMENT.] (a) An ownerA landlord 76.11 of rental housing that contains accessible units must give 76.12 priority for the rental of an accessible unit to a disabled 76.13 person or a family with a disabled family member who will reside 76.14 in the unit. The ownerlandlord must inform nondisabled persons 76.15 and families that do not include a disabled family member of the 76.16 possibility of being offered a non-handicapped-equipped unit as 76.17 provided under this section before a rental agreement to rent an 76.18 accessible unit is entered. 76.19 (b) If a nondisabled person or a family that does not 76.20 include a disabled person is living in an accessible unit, the 76.21 person or family must be offered a non-handicapped-equipped unit 76.22 if the following conditions occur: 76.23 (1) a disabled person or a family with a disabled family 76.24 member who will reside in the unit has signed a rental agreement 76.25 to rent the accessible unit; and 76.26 (2) a similar non-handicapped-equipped unit in the same 76.27 rental housing complex is available at the same rent. 76.28 Sec. 15. Minnesota Statutes 1998, section 462A.05, 76.29 subdivision 15, is amended to read: 76.30 Subd. 15. [REHABILITATION GRANTS.] It may make grants to 76.31 persons and families of low and moderate income to pay or to 76.32 assist in paying a loan made pursuant to subdivision 14, or to 76.33 rehabilitate or to assist in rehabilitating existing residential 76.34 housing owned or occupied by such persons or families. For the 76.35 purposes of this section, persons of low and moderate income 76.36 include administrators appointed pursuant to section 566.25,77.1 clause (c)504B.425, paragraph (d). No grant shall be made 77.2 unless the agency determines that the grant will be used 77.3 primarily to make the housing more desirable to live in, to 77.4 increase the market value of the housing or for compliance with 77.5 state, county or municipal building, housing maintenance, fire, 77.6 health or similar codes and standards applicable to housing, or 77.7 to accomplish energy conservation related improvements. In 77.8 unincorporated areas and municipalities not having codes and 77.9 standards, the agency may, solely for the purpose of 77.10 administering this provision, establish codes and standards. No 77.11 grant for rehabilitation of owner occupied residential housing 77.12 shall be denied solely because the grant will not be used for 77.13 placing the residential housing in full compliance with all 77.14 state, county or municipal building, housing maintenance, fire, 77.15 health or similar codes and standards applicable to housing. 77.16 The amount of any grant shall not exceed the lesser of (a) 77.17 $6,000, or (b) the actual cost of the work performed, or (c) 77.18 that portion of the cost of rehabilitation which the agency 77.19 determines cannot otherwise be paid by the person or family 77.20 without spending an unreasonable portion of the income of the 77.21 person or family thereon. In making grants, the agency shall 77.22 determine the circumstances under which and the terms and 77.23 conditions under which all or any portion thereof will be repaid 77.24 and shall determine the appropriate security should repayment be 77.25 required. 77.26 The agency may also make grants to rehabilitate or to 77.27 assist in rehabilitating housing under this subdivision to 77.28 persons of low and moderate income for the purpose of qualifying 77.29 as foster parents. 77.30 Sec. 16. Minnesota Statutes 1998, section 462C.05, 77.31 subdivision 8, is amended to read: 77.32 Subd. 8. [REVENUE AGREEMENT AND FINANCING LEASE.] Any 77.33 revenue agreement or financing lease which includes a provision 77.34 for a conveyance of real estate to the lessee or contracting 77.35 party may be terminated in accordance with the revenue agreement 77.36 or financing lease, notwithstanding that the revenue agreement 78.1 or financing lease may constitute an equitable mortgage. No 78.2 financing lease of any development is subject to section 78.3 504.02504B.291, unless expressly so provided in the financing 78.4 lease. Leases of specific dwelling units in the development to 78.5 tenants are not affected by this subdivision. 78.6 Sec. 17. Minnesota Statutes 1998, section 469.156, is 78.7 amended to read: 78.8 469.156 [AUTHORIZATION OF PROJECTS AND BONDS.] 78.9 The acquisition, construction, reconstruction, improvement, 78.10 betterment, or extension of any project, the execution of any 78.11 revenue agreement or mortgage pertaining thereto, and the 78.12 issuance of bonds in anticipation of the collection of the 78.13 revenues of the project to provide funds to pay for its cost, 78.14 may be authorized by an ordinance or resolution of the governing 78.15 body adopted at a regular or duly called special meeting thereof 78.16 by the affirmative vote of a majority of its members. No 78.17 election shall be required to authorize the use of any of the 78.18 powers conferred by sections 469.152 to 469.165. No lease of 78.19 any project shall be subject to the provisions of section 504.0278.20 504B.291, unless expressly so provided in the lease. 78.21 Sec. 18. Minnesota Statutes 1998, section 471A.03, 78.22 subdivision 6, is amended to read: 78.23 Subd. 6. [REMEDIES.] The municipality may provide that 78.24 title to the facilities shall vest in or revert to the 78.25 municipality if the private vendor defaults under any specified 78.26 provisions in the service contract. The municipality may 78.27 acquire or reacquire any facilities and terminate the service 78.28 contract in accordance with its terms notwithstanding that the 78.29 service contract may constitute an equitable mortgage. No lease 78.30 of facilities by the municipality to the private vendor is 78.31 subject to the provisions of section 504.02504B.291, unless 78.32 expressly so provided in the service contract. 78.33 Sec. 19. Minnesota Statutes 1998, section 481.02, 78.34 subdivision 3, is amended to read: 78.35 Subd. 3. [PERMITTED ACTIONS.] The provisions of this 78.36 section shall not prohibit: 79.1 (1) any person from drawing, without charge, any document 79.2 to which the person, an employer of the person, a firm of which 79.3 the person is a member, or a corporation whose officer or 79.4 employee the person is, is a party, except another's will or 79.5 testamentary disposition or instrument of trust serving purposes 79.6 similar to those of a will; 79.7 (2) a person from drawing a will for another in an 79.8 emergency if the imminence of death leaves insufficient time to 79.9 have it drawn and its execution supervised by a licensed 79.10 attorney-at-law; 79.11 (3) any insurance company from causing to be defended, or 79.12 from offering to cause to be defended through lawyers of its 79.13 selection, the insureds in policies issued or to be issued by 79.14 it, in accordance with the terms of the policies; 79.15 (4) a licensed attorney-at-law from acting for several 79.16 common-carrier corporations or any of its subsidiaries pursuant 79.17 to arrangement between the corporations; 79.18 (5) any bona fide labor organization from giving legal 79.19 advice to its members in matters arising out of their 79.20 employment; 79.21 (6) any person from conferring or cooperating with a 79.22 licensed attorney-at-law of another in preparing any legal 79.23 document, if the attorney is not, directly or indirectly, in the 79.24 employ of the person or of any person, firm, or corporation 79.25 represented by the person; 79.26 (7) any licensed attorney-at-law of Minnesota, who is an 79.27 officer or employee of a corporation, from drawing, for or 79.28 without compensation, any document to which the corporation is a 79.29 party or in which it is interested personally or in a 79.30 representative capacity, except wills or testamentary 79.31 dispositions or instruments of trust serving purposes similar to 79.32 those of a will, but any charge made for the legal work 79.33 connected with preparing and drawing the document shall not 79.34 exceed the amount paid to and received and retained by the 79.35 attorney, and the attorney shall not, directly or indirectly, 79.36 rebate the fee to or divide the fee with the corporation; 80.1 (8) any person or corporation from drawing, for or without 80.2 a fee, farm or house leases, notes, mortgages, chattel 80.3 mortgages, bills of sale, deeds, assignments, satisfactions, or 80.4 any other conveyances except testamentary dispositions and 80.5 instruments of trust; 80.6 (9) a licensed attorney-at-law of Minnesota from rendering 80.7 to a corporation legal services to itself at the expense of one 80.8 or more of its bona fide principal stockholders by whom the 80.9 attorney is employed and by whom no compensation is, directly or 80.10 indirectly, received for the services; 80.11 (10) any person or corporation engaged in the business of 80.12 making collections from engaging or turning over to an 80.13 attorney-at-law for the purpose of instituting and conducting 80.14 suit or making proof of claim of a creditor in any case in which 80.15 the attorney-at-law receives the entire compensation for the 80.16 work; 80.17 (11) any regularly established farm journal or newspaper, 80.18 devoted to general news, from publishing a department of legal 80.19 questions and answers to them, made by a licensed 80.20 attorney-at-law, if no answer is accompanied or at any time 80.21 preceded or followed by any charge for it, any disclosure of any 80.22 name of the maker of any answer, any recommendation of or 80.23 reference to any one to furnish legal advice or services, or by 80.24 any legal advice or service for the periodical or any one 80.25 connected with it or suggested by it, directly or indirectly; 80.26 (12) any authorized management agent of an owner of rental 80.27 property used for residential purposes, whether the management 80.28 agent is a natural person, corporation, partnership, limited 80.29 partnership, or any other business entity, from commencing, 80.30 maintaining, conducting, or defending in its own behalf any 80.31 action in any court in this state to recover or retain 80.32 possession of the property, except that the provision of this 80.33 clause does not authorize a person who is not a licensed 80.34 attorney-at-law to conduct a jury trial or to appear before a 80.35 district court or the court of appeals or supreme court pursuant 80.36 to an appeal; 81.1 (13) any person from commencing, maintaining, conducting, 81.2 or defending on behalf of the plaintiff or defendant any action 81.3 in any court of this state pursuant to the provisions of section 81.4 566.175504B.375 or sections 566.18 to 566.35504B.185 and 81.5 504B.381 to 504B.471 or from commencing, maintaining, 81.6 conducting, or defending on behalf of the plaintiff or defendant 81.7 any action in any court of this state for the recovery of rental 81.8 property used for residential purposes pursuant to the 81.9 provisions of section 566.02 or 566.03, subdivision 1504B.285, 81.10 subdivision 1, or 504B.301, except that the provision of this 81.11 clause does not authorize a person who is not a licensed 81.12 attorney-at-law to conduct a jury trial or to appear before a 81.13 district court or the court of appeals or supreme court pursuant 81.14 to an appeal, and provided that, except for a nonprofit 81.15 corporation, a person who is not a licensed attorney-at-law 81.16 shall not charge or collect a separate fee for services rendered 81.17 pursuant to this clause; 81.18 (14) the delivery of legal services by a specialized legal 81.19 assistant in accordance with a specialty license issued by the 81.20 supreme court before July 1, 1995; 81.21 (15) the sole shareholder of a corporation from appearing 81.22 on behalf of the corporation in court; or 81.23 (16) an officer, manager, partner, or employee or an agent 81.24 of a condominium, cooperative, or townhouse association from 81.25 appearing on behalf of a corporation, limited liability company, 81.26 partnership, sole proprietorship, or association in conciliation 81.27 court or in a district court action removed from conciliation 81.28 court, in accordance with section 491A.02, subdivision 4. 81.29 Sec. 20. Minnesota Statutes 1998, section 484.013, 81.30 subdivision 2, is amended to read: 81.31 Subd. 2. [JURISDICTION.] The housing calendar program may 81.32 consolidate the hearing and determination of all proceedings 81.33 under chapters 504 and 566chapter 504B; criminal and civil 81.34 proceedings related to violations of any state, county or city 81.35 health, safety, housing, building, fire prevention or housing 81.36 maintenance code; escrow of rent proceedings; landlord-tenant 82.1 damage actions; and actions for rent and rent abatement. A 82.2 proceeding under sections 566.01 to 566.17504B.281 to 504B.371 82.3 may not be delayed because of the consolidation of matters under 82.4 the housing calendar program. 82.5 Sec. 21. Minnesota Statutes 1998, section 487.17, is 82.6 amended to read: 82.7 487.17 [FORCIBLE ENTRY AND UNLAWFUL DETAINER.] 82.8 Whether or not title to real estate is involved, the county 82.9 court has jurisdiction of actions of forcible entry and unlawful 82.10 detainer or actions for unlawful removal or exclusion pursuant 82.11 to section 566.175504B.375, involving land located wholly or 82.12 partly within the county court district and of actions seeking 82.13 relief for code violations pursuant to sections 566.18 to 566.3382.14 504B.185 and 504B.381 to 504B.471 involving premises located 82.15 wholly or partly within the county court district. 82.16 Sec. 22. Minnesota Statutes 1998, section 487.24, is 82.17 amended to read: 82.18 487.24 [FORCIBLE ENTRY AND UNLAWFUL DETAINER ACTIONS.] 82.19 Subdivision 1. [RETURN DAYS.] Return days for forcible 82.20 entry and unlawful detainer actions may be fixed by rule 82.21 promulgated by the court. 82.22 Subd. 2. [PROCEDURE; FORMS.] Sections 566.01 to82.23 566.16504B.281 to 504B.371 apply to the county court. The 82.24 forms therein prescribed, with appropriate modifications, may be 82.25 used. 82.26 Subd. 3. [DEFAULT JUDGMENTS.] Whenever a duly verified 82.27 complaint in an action of forcible entry or unlawful detainer 82.28 shows one of the causes of action set forth in section 82.29 566.03504B.285, and on the return day of the summons the 82.30 defendant does not appear, the judge of the county court, upon 82.31 proof of the due service of the summons, may find the defendant 82.32 in default and file an order for judgment accordingly. 82.33 Sec. 23. Minnesota Statutes 1998, section 488A.01, 82.34 subdivision 4a, is amended to read: 82.35 Subd. 4a. [JURISDICTION.] Notwithstanding the provisions 82.36 of subdivision 2 or 8 or any court rule to the contrary, the 83.1 municipal court of Hennepin county has jurisdiction to determine 83.2 an action brought pursuant to section 504.20504B.178 for the 83.3 recovery of a deposit on rental property located in Hennepin 83.4 county, and the summons in the action may be served anywhere in 83.5 the state of Minnesota. 83.6 Sec. 24. Minnesota Statutes 1998, section 488A.01, 83.7 subdivision 5, is amended to read: 83.8 Subd. 5. [FORCIBLE ENTRY AND UNLAWFUL DETAINER OR UNLAWFUL 83.9 REMOVAL OR EXCLUSION.] Whether or not the title to real estate 83.10 is involved, the court has jurisdiction of actions of forcible 83.11 entry and unlawful detainer or actions for unlawful removal or 83.12 exclusion pursuant to section 566.175504B.375, involving land 83.13 located wholly or in part within Hennepin county and, 83.14 notwithstanding any provision of subdivision 7 to the contrary, 83.15 of actions seeking relief for code violations pursuant to 83.16 sections 566.18 to 566.33504B.185 and 504B.381 to 504B.471 83.17 involving premises located wholly or partly within Hennepin 83.18 county. 83.19 Sec. 25. Minnesota Statutes 1998, section 488A.11, is 83.20 amended to read: 83.21 488A.11 [FORCIBLE ENTRY AND UNLAWFUL DETAINER ACTIONS.] 83.22 Subdivision 1. [RETURN DAYS.] Return days for forcible 83.23 entry and unlawful detainer actions may be fixed by rule 83.24 promulgated by a majority of the judges. 83.25 Subd. 2. [PROCEDURE; FORMS.] Sections 566.01 to83.26 566.16504B.281 to 504B.371 apply to the court. The forms 83.27 therein prescribed, with appropriate modifications, may be used. 83.28 Subd. 3. [DEFAULT JUDGMENTS.] Whenever a duly verified 83.29 complaint in an action of forcible entry or unlawful detainer 83.30 shows one of the causes of action set forth in section 83.31 566.03504B.285 and on the return day of the summons the 83.32 defendant does not appear, the judge, upon proof of the due 83.33 service of the summons, shall enter an order adjudging the 83.34 defendant to be in default, and thereafter the court 83.35 administrator shall enter judgment for the plaintiff without the 83.36 introduction of evidence. 84.1 Sec. 26. Minnesota Statutes 1998, section 488A.18, 84.2 subdivision 4, is amended to read: 84.3 Subd. 4. [CIVIL JURISDICTION.] (a) Excepting cases 84.4 involving title to real estate, the court has jurisdiction to 84.5 hear, try and determine civil actions at law in which the amount 84.6 in controversy does not exceed $15,000, exclusive of interest 84.7 and costs. The territorial jurisdiction of the court is 84.8 coextensive with the geographic boundaries of the county of 84.9 Ramsey. 84.10 (b) The court also has jurisdiction, within the limitations 84.11 provided in this subdivision, to hear, try and determine civil 84.12 actions commenced by a plaintiff, resident of Ramsey county, 84.13 where the action arose out of alleged negligent operation of a 84.14 motor vehicle in Ramsey county, notwithstanding that the 84.15 defendant or defendants are not residents of the county. 84.16 Notwithstanding any law or rule of civil procedure to the 84.17 contrary, the summons in the action may be served anywhere 84.18 within the state of Minnesota. 84.19 (c) Notwithstanding the provisions of clause (a) or any 84.20 rule of court to the contrary, the municipal court of Ramsey 84.21 county has jurisdiction to determine an action brought pursuant 84.22 to section 504.20504B.178 for the recovery of a deposit on 84.23 rental property located in whole or in part in Ramsey county, 84.24 and the summons in the action may be served anywhere within the 84.25 state of Minnesota. 84.26 Sec. 27. Minnesota Statutes 1998, section 488A.18, 84.27 subdivision 6, is amended to read: 84.28 Subd. 6. [FORCIBLE ENTRY AND UNLAWFUL DETAINER OR UNLAWFUL 84.29 REMOVAL OR EXCLUSION.] Whether or not the title to real estate 84.30 is involved, the court has jurisdiction of actions of forcible 84.31 entry and unlawful detainer or actions for unlawful removal or 84.32 exclusion pursuant to section 566.175504B.375, involving land 84.33 located wholly or in part within Ramsey county and, 84.34 notwithstanding any provision of subdivision 8 to the contrary, 84.35 of actions seeking relief for code violations pursuant to 84.36 sections 566.18 to 566.33504B.185 and 504B.381 to 504B.471 85.1 involving premises located wholly or partly within Ramsey county. 85.2 Sec. 28. Minnesota Statutes 1998, section 491A.01, 85.3 subdivision 9, is amended to read: 85.4 Subd. 9. [JURISDICTION; RENTAL PROPERTY.] The conciliation 85.5 court also has jurisdiction to determine an action for damages 85.6 arising from the landlord and tenant relationship under 85.7 chapter 504504B or under the rental agreement in the county in 85.8 which the rental property is located. 85.9 Sec. 29. Minnesota Statutes 1998, section 514.977, is 85.10 amended to read: 85.11 514.977 [DEFAULT.] 85.12 If an occupant defaults in the payment of rent or otherwise 85.13 breaches the rental agreement, the owner may commence an 85.14 unlawful detainer action under section 566.01504B.281. 85.15 Sec. 30. Minnesota Statutes 1998, section 515B.3-116, is 85.16 amended to read: 85.17 515B.3-116 [LIEN FOR ASSESSMENTS.] 85.18 (a) The association has a lien on a unit for any assessment 85.19 levied against that unit from the time the assessment becomes 85.20 due. If an assessment is payable in installments, the full 85.21 amount of the assessment is a lien from the time the first 85.22 installment thereof becomes due. Unless the declaration 85.23 otherwise provides, fees, charges, late charges, fines and 85.24 interest charges pursuant to section 515B.3-102(a)(10), (11) and 85.25 (12) are liens, and are enforceable as assessments, under this 85.26 section. 85.27 (b) A lien under this section is prior to all other liens 85.28 and encumbrances on a unit except (i) liens and encumbrances 85.29 recorded before the declaration and, in a cooperative, liens and 85.30 encumbrances which the association creates, assumes, or takes 85.31 subject to, (ii) any first mortgage on the unit, or, in a 85.32 cooperative, any first security interest encumbering only the 85.33 unit owner's interest in the unit, and (iii) liens for real 85.34 estate taxes and other governmental assessments or charges 85.35 against the unit. If a first mortgage on a unit is foreclosed, 85.36 the first mortgage was recorded after June 1, 1994, and no owner 86.1 redeems during the owner's period of redemption provided by 86.2 chapter 580, 581, or 582, the holder of the sheriff's 86.3 certificate of sale from the foreclosure of the first mortgage 86.4 shall take title to the unit subject to unpaid assessments for 86.5 common expenses levied pursuant to section 515B.3-115(a), (h)(1) 86.6 to (3), (i), and (l) which became due, without acceleration, 86.7 during the six months immediately preceding the first day 86.8 following the end of the owner's period of redemption. If a 86.9 first security interest encumbering a unit owner's interest in a 86.10 cooperative unit which is personal property is foreclosed, the 86.11 secured party or the purchaser at the sale shall take title to 86.12 the unit subject to unpaid assessments for common expenses 86.13 levied pursuant to section 515B.3-115(a), (h)(1) to (3), (i), 86.14 and (l) which became due, without acceleration, during the six 86.15 months immediately preceding the first day following either the 86.16 date of sale pursuant to section 336.9-504 or the date on which 86.17 the obligation of the unit owner is discharged pursuant to 86.18 section 336.9-505. This subsection shall not affect the 86.19 priority of mechanics' liens. 86.20 (c) Recording of the declaration constitutes record notice 86.21 and perfection of any lien under this section, and no further 86.22 recordation of any notice of or claim for the lien is required. 86.23 (d) Proceedings to enforce an assessment lien shall be 86.24 instituted within three years after the last installment of the 86.25 assessment becomes payable, or shall be barred. 86.26 (e) The unit owner of a unit at the time an assessment is 86.27 due shall be personally liable to the association for payment of 86.28 the assessment levied against the unit. If there are multiple 86.29 owners of the unit, they shall be jointly and severally liable. 86.30 (f) This section does not prohibit actions to recover sums 86.31 for which subsection (a) creates a lien nor prohibit an 86.32 association from taking a deed in lieu of foreclosure. 86.33 (g) The association shall furnish to a unit owner or the 86.34 owner's authorized agent upon written request of the unit owner 86.35 or the authorized agent a statement setting forth the amount of 86.36 unpaid assessments currently levied against the owner's unit. 87.1 If the unit owner's interest is real estate, the statement shall 87.2 be in recordable form. The statement shall be furnished within 87.3 ten business days after receipt of the request and is binding on 87.4 the association and every unit owner. 87.5 (h) The association's lien may be foreclosed as provided in 87.6 this subsection. 87.7 (1) In a condominium or planned community, the 87.8 association's lien may be foreclosed in a like manner as a 87.9 mortgage containing a power of sale pursuant to chapter 580, or 87.10 by action pursuant to chapter 581. The association shall have a 87.11 power of sale to foreclose the lien pursuant to chapter 580. 87.12 (2) In a cooperative whose unit owners' interests are real 87.13 estate, the association's lien shall be foreclosed in a like 87.14 manner as a mortgage on real estate as provided in paragraph (1). 87.15 (3) In a cooperative whose unit owners' interests in the 87.16 units are personal property, the association's lien shall be 87.17 foreclosed in a like manner as a security interest under article 87.18 9 of chapter 336. In any disposition pursuant to section 87.19 336.9-504 or retention pursuant to section 336.9-505, the rights 87.20 of the parties shall be the same as those provided by law, 87.21 except (i) notice of sale, disposition, or retention shall be 87.22 served on the unit owner 90 days prior to sale, disposition, or 87.23 retention, (ii) the association shall be entitled to its 87.24 reasonable costs and attorney fees not exceeding the amount 87.25 provided by section 582.01, subdivision 1a, (iii) the amount of 87.26 the association's lien shall be deemed to be adequate 87.27 consideration for the unit subject to disposition or retention, 87.28 notwithstanding the value of the unit, and (iv) the notice of 87.29 sale, disposition, or retention shall contain the following 87.30 statement in capital letters with the name of the association or 87.31 secured party filled in: 87.32 "THIS IS TO INFORM YOU THAT BY THIS NOTICE (fill in name of 87.33 association or secured party) HAS BEGUN PROCEEDINGS UNDER 87.34 MINNESOTA STATUTES, CHAPTER 515B, TO FORECLOSE ON YOUR INTEREST 87.35 IN YOUR UNIT FOR THE REASON SPECIFIED IN THIS NOTICE. YOUR 87.36 INTEREST IN YOUR UNIT WILL TERMINATE 90 DAYS AFTER SERVICE OF 88.1 THIS NOTICE ON YOU UNLESS BEFORE THEN: 88.2 (a) THE PERSON AUTHORIZED BY (fill in the name of 88.3 association or secured party) AND DESCRIBED IN THIS NOTICE TO 88.4 RECEIVE PAYMENTS RECEIVES FROM YOU: 88.5 (1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS 88.6 (2) THE COSTS INCURRED TO SERVE THIS NOTICE ON YOU; PLUS 88.7 (3) $500 TO APPLY TO ATTORNEYS FEES ACTUALLY EXPENDED OR 88.8 INCURRED; PLUS 88.9 (4) ANY ADDITIONAL AMOUNTS FOR YOUR UNIT BECOMING DUE TO 88.10 (fill in name of association or secured party) AFTER THE DATE OF 88.11 THIS NOTICE; OR 88.12 (b) YOU SECURE FROM A DISTRICT COURT AN ORDER THAT THE 88.13 FORECLOSURE OF YOUR RIGHTS TO YOUR UNIT BE SUSPENDED UNTIL YOUR 88.14 CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING, OR 88.15 SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND 88.16 GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES. 88.17 IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS 88.18 WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR OWNERSHIP 88.19 RIGHTS IN YOUR UNIT WILL TERMINATE AT THE END OF THE PERIOD, YOU 88.20 WILL LOSE ALL THE MONEY YOU HAVE PAID FOR YOUR UNIT, YOU WILL 88.21 LOSE YOUR RIGHT TO POSSESSION OF YOUR UNIT, YOU MAY LOSE YOUR 88.22 RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE, AND 88.23 YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS 88.24 NOTICE, CONTACT AN ATTORNEY IMMEDIATELY." 88.25 (4) In any foreclosure pursuant to chapter 580, 581, or 88.26 582, the rights of the parties shall be the same as those 88.27 provided by law, except (i) the period of redemption for unit 88.28 owners shall be six months from the date of sale or a lesser 88.29 period authorized by law, (ii) in a foreclosure by advertisement 88.30 under chapter 580, the foreclosing party shall be entitled to 88.31 costs and disbursements of foreclosure, and attorneys fees in 88.32 the amount provided by section 582.01, subdivision 1a, (iii) in 88.33 a foreclosure by action under chapter 581, the foreclosing party 88.34 shall be entitled to costs and disbursements of foreclosure and 88.35 attorneys fees as the court shall determine, and (iv) the amount 88.36 of the association's lien shall be deemed to be adequate 89.1 consideration for the unit subject to foreclosure, 89.2 notwithstanding the value of the unit. 89.3 (i) If a holder of a sheriff's certificate of sale, prior 89.4 to the expiration of the period of redemption, pays any past due 89.5 or current assessments, or any other charges lienable as 89.6 assessments, with respect to the unit described in the sheriff's 89.7 certificate, then the amount paid shall be a part of the sum 89.8 required to be paid to redeem under section 582.03. 89.9 (j) In a cooperative, following foreclosure, the 89.10 association may bring an action for unlawful detainer against 89.11 the unit owner and any persons in possession of the unit, and in 89.12 that case section 504.02504B.291 shall not apply. 89.13 (k) An association may assign its lien rights in the same 89.14 manner as any other secured party. 89.15 Sec. 31. Minnesota Statutes 1998, section 515B.4-111, is 89.16 amended to read: 89.17 515B.4-111 [CONVERSION PROPERTY.] 89.18 (a) A declarant of a common interest community containing 89.19 conversion property, shall give the occupants of residential 89.20 units in the conversion property notice of the conversion no 89.21 later than 120 days before they are required to vacate. The 89.22 notice shall be given by hand delivering or mailing one notice 89.23 to each residential unit, addressed to the occupants thereof. 89.24 If the holder of the lessee's interest in the unit has given the 89.25 owner of the building an address different than that of the 89.26 unit, then the notice shall also be given to the holder of the 89.27 lessee's interest at the designated address. The notice shall 89.28 satisfy the following requirements: 89.29 (1) The notice shall set forth generally the rights 89.30 conferred by this section. 89.31 (2) The notice shall have attached to the notice intended 89.32 for the holder of the lessee's interest a form of purchase 89.33 agreement setting forth the terms of sale contemplated by 89.34 subsection (d) and a statement of any significant restrictions 89.35 on the use and occupancy of the unit to be imposed by the 89.36 declarant. 90.1 (3) The notice shall state that the occupants of the 90.2 residential unit may demand to be given 60 additional days 90.3 before being required to vacate, if any of them, or any person 90.4 residing with them, is (i) 62 years of age or older, (ii) a 90.5 person with a disability as defined in section 268A.01, or (iii) 90.6 a minor child on the date the notice is given. This demand must 90.7 be in writing, contain reasonable proof of qualification, and be 90.8 given to the declarant within 30 days after the notice of 90.9 conversion is delivered or mailed. 90.10 (4) The notice shall be contained in an envelope upon which 90.11 the following shall be boldly printed: "Notice of Conversion." 90.12 (b) No occupant of a unit in a conversion property may be 90.13 required to vacate upon less than 120 days' notice, except by 90.14 reason of nonpayment of rent, waste, or conduct that disturbs 90.15 other tenants' peaceful enjoyment of the premises. Nor may the 90.16 terms of the tenancy be altered during that period, except that 90.17 a tenant or other party in possession may vacate and terminate 90.18 the lease upon one month's written notice to the declarant. 90.19 Nothing in this section prevents the declarant and any occupant 90.20 from agreeing to an extension of the tenancy on a month-to-month 90.21 basis beyond the 120-day notice period, or to an earlier 90.22 termination of the tenancy. 90.23 (c) No repair work or remodeling may be commenced or 90.24 undertaken in the occupied units or common areas of the building 90.25 during the notice period, unless reasonable precautions are 90.26 taken to ensure the safety and security of the occupants. 90.27 (d) For 60 days after delivery or mailing of the notice 90.28 described in subsection (a), the holder of the lessee's interest 90.29 in the unit on the date the notice is mailed or delivered shall 90.30 have an option to purchase that unit on the terms set forth in 90.31 the purchase agreement attached to the notice. The purchase 90.32 agreement shall contain no terms or provisions which violate any 90.33 state or federal law relating to discrimination in housing. If 90.34 the holder of the lessee's interest fails to purchase the unit 90.35 during that 60-day period, the declarant may not offer to 90.36 dispose of an interest in that unit during the following 180 91.1 days at a price or on terms more favorable to the offeree than 91.2 the price or terms offered to the holder. This subsection does 91.3 not apply to any unit in a conversion building if that unit will 91.4 be restricted exclusively to nonresidential use or if the 91.5 boundaries of the converted unit do not substantially conform to 91.6 the boundaries of the residential unit before conversion. 91.7 (e) If a declarant, in violation of subsection (b), conveys 91.8 a unit to a purchaser for value who has no knowledge of the 91.9 violation, the recording of the deed conveying the unit or, in a 91.10 cooperative, the conveyance of the right to possession of the 91.11 unit, extinguishes any right a holder of a lessee's interest who 91.12 is not in possession of the unit may have under subsection (d) 91.13 to purchase that unit, but the conveyance does not affect the 91.14 right of the holder to recover damages from the declarant for a 91.15 violation of subsection (d). 91.16 (f) If a notice of conversion specifies a date by which a 91.17 unit or proposed unit must be vacated or otherwise complies with 91.18 the provisions of chapter 566504B, the notice also constitutes 91.19 a notice to vacate specified by that statute. 91.20 (g) Nothing in this section permits termination of a lease 91.21 by a declarant in violation of its terms. 91.22 (h) Failure to give notice as required by this section is a 91.23 defense to an action for possession until a notice complying 91.24 with this section is given and the applicable notice period 91.25 terminates. 91.26 Sec. 32. Minnesota Statutes 1998, section 576.01, 91.27 subdivision 2, is amended to read: 91.28 Subd. 2. A receiver shall be appointed in the following 91.29 case: 91.30 After the first publication of notice of sale for the 91.31 foreclosure of a mortgage pursuant to chapter 580, or with the 91.32 commencement of an action to foreclose a mortgage pursuant to 91.33 chapter 581, and during the period of redemption, if the 91.34 mortgage being foreclosed secured an original principal amount 91.35 of $100,000 or more or is a lien upon residential real estate 91.36 containing more than four dwelling units and was not a lien upon 92.1 property which was entirely homesteaded, residential real estate 92.2 containing four or less dwelling units where at least one unit 92.3 is homesteaded, or agricultural property, the foreclosing 92.4 mortgagee or the purchaser at foreclosure sale may at any time 92.5 bring an action in the district court of the county in which the 92.6 mortgaged premises or any part thereof is located for the 92.7 appointment of a receiver; provided, however, if the foreclosure 92.8 is by action under chapter 581, a separate action need not be 92.9 filed. Pending trial of the action on the merits, the court may 92.10 make a temporary appointment of a receiver following the 92.11 procedures applicable to temporary injunctions under the rules 92.12 of civil procedure. If the motion for temporary appointment of 92.13 a receiver is denied, the trial of the action on the merits 92.14 shall be held as early as practicable, but not to exceed 30 days 92.15 after the motion for temporary appointment of a receiver is 92.16 heard. The court shall appoint a receiver upon a showing that 92.17 the mortgagor has breached a covenant contained in the mortgage 92.18 relating to any of the following: 92.19 (1) application of tenant security deposits as required by 92.20 section 504.20504B.178; 92.21 (2) payment when due of prior or current real estate taxes 92.22 or special assessments with respect to the mortgaged premises, 92.23 or the periodic escrow for the payment of the taxes or special 92.24 assessments; 92.25 (3) payment when due of premiums for insurance of the type 92.26 required by the mortgage, or the periodic escrow for the payment 92.27 of the premiums; 92.28 (4) keeping of the covenants required of a lessorlandlord 92.29 or licensor pursuant to section 504.18504B.161, subdivision 1. 92.30 The receiver shall be an experienced property manager. The 92.31 court shall determine the amount of the bond to be posted by the 92.32 receiver. 92.33 The receiver shall collect the rents, profits and all other 92.34 income of any kind, manage the mortgaged premises so to prevent 92.35 waste, execute leases within or beyond the period of the 92.36 receivership if approved by the court, pay the expenses listed 93.1 in clauses (1), (2), and (3) in the priority as numbered, pay 93.2 all expenses for normal maintenance of the mortgaged premises 93.3 and perform the terms of any assignment of rents which complies 93.4 with section 559.17, subdivision 2. Reasonable fees to the 93.5 receiver shall be paid prior thereto. The receiver shall file 93.6 periodic accountings as the court determines are necessary and a 93.7 final accounting at the time of discharge. 93.8 The purchaser at foreclosure sale shall have the right, at 93.9 any time and without limitation as provided in section 582.03, 93.10 to advance money to the receiver to pay any or all of the 93.11 expenses which the receiver should otherwise pay if cash were 93.12 available from the mortgaged premises. Sums so advanced, with 93.13 interest, shall be a part of the sum required to be paid to 93.14 redeem from the sale. The sums shall be proved by the affidavit 93.15 of the purchaser, an agent or attorney, stating the expenses and 93.16 describing the mortgaged premises. The affidavit must be filed 93.17 for record with the county recorder or the registrar of titles, 93.18 and a copy thereof shall be furnished to the sheriff and the 93.19 receiver at least ten days before the expiration of the period 93.20 of redemption. 93.21 Any sums collected which remain in the possession of the 93.22 receiver at termination of the receivership shall, in the event 93.23 the termination of the receivership is due to the reinstatement 93.24 of the mortgage debt or redemption of the mortgaged premises by 93.25 the mortgagor, be paid to the mortgagor; and in the event 93.26 termination of the receivership occurs at the end of the period 93.27 of redemption without redemption by the mortgagor or any other 93.28 party entitled to redeem, interest accrued upon the sale price 93.29 pursuant to section 580.23 or section 581.10 shall be paid to 93.30 the purchaser at foreclosure sale. Any net sum remaining shall 93.31 be paid to the mortgagor, except if the receiver was enforcing 93.32 an assignment of rents which complies with section 559.17, 93.33 subdivision 2, in which case any net sum remaining shall be paid 93.34 pursuant to the terms of the assignment. 93.35 This subdivision shall apply to all mortgages executed on 93.36 or after August 1, 1977, and to amendments or modifications of 94.1 such mortgages, and to amendments or modifications made on or 94.2 after August 1, 1977, to mortgages executed before August 1, 94.3 1977, if the amendment or modification is duly recorded and is 94.4 for the principal purpose of curing a default. 94.5 Sec. 33. Minnesota Statutes 1998, section 609.33, 94.6 subdivision 6, is amended to read: 94.7 Subd. 6. [PRETRIAL RELEASE.] When a person is charged 94.8 under this section with owning or leasing a disorderly house, 94.9 the court may require as a condition of pretrial release that 94.10 the defendant bring an unlawful detainer action against a lessee 94.11 who has violated the covenant not to allow drugs established by 94.12 section 504.181504B.171. 94.13 Sec. 34. Minnesota Statutes 1998, section 609.5317, 94.14 subdivision 1, is amended to read: 94.15 Subdivision 1. [RENTAL PROPERTY.] (a) When contraband or a 94.16 controlled substance manufactured, distributed, or acquired in 94.17 violation of chapter 152 is seized on residential rental 94.18 property incident to a lawful search or arrest, the county 94.19 attorney shall give the notice required by this subdivision to 94.20 (1) the landlord of the property or the fee owner identified in 94.21 the records of the county assessor, and (2) the agent authorized 94.22 by the owner to accept service pursuant to section 504.2294.23 504B.181. The notice is not required during an ongoing 94.24 investigation. The notice shall state what has been seized and 94.25 specify the applicable duties and penalties under this 94.26 subdivision. The notice shall state that the landlord who 94.27 chooses to assign the right to bring an unlawful detainer action 94.28 retains all rights and duties, including removal of a tenant's 94.29 personal property following issuance of the writ of restitution 94.30 and delivery of the writ to the sheriff for execution. The 94.31 notice shall also state that the landlord may contact the county 94.32 attorney if threatened by the tenant. Notice shall be sent by 94.33 certified letter, return receipt requested, within 30 days of 94.34 the seizure. If receipt is not returned, notice shall be given 94.35 in the manner provided by law for service of summons in a civil 94.36 action. 95.1 (b) Within 15 days after notice of the first occurrence, 95.2 the landlord shall bring, or assign to the county attorney of 95.3 the county in which the real property is located, the right to 95.4 bring an unlawful detainer action against the tenant. The 95.5 assignment must be in writing on a form prepared by the county 95.6 attorney. Should the landlord choose to assign the right to 95.7 bring an unlawful detainer action, the assignment shall be 95.8 limited to those rights and duties up to and including delivery 95.9 of the writ of restitution to the sheriff for execution. 95.10 (c) Upon notice of a second occurrence on any residential 95.11 rental property owned by the same landlord in the same county 95.12 and involving the same tenant, and within one year after notice 95.13 of the first occurrence, the property is subject to forfeiture 95.14 under sections 609.531, 609.5311, 609.5313, and 609.5315, unless 95.15 an unlawful detainer action has been commenced as provided in 95.16 paragraph (b) or the right to bring an unlawful detainer action 95.17 was assigned to the county attorney as provided in paragraph 95.18 (b). If the right has been assigned and not previously 95.19 exercised, or if the county attorney requests an assignment and 95.20 the landlord makes an assignment, the county attorney may bring 95.21 an unlawful detainer action rather than an action for forfeiture. 95.22 Sec. 35. [INSTRUCTION TO REVISOR.] 95.23 The revisor shall make the following changes in Minnesota 95.24 Rules: 95.25 (1) in Minnesota Rules, part 4658.0192, change "566" to 95.26 "504B"; 95.27 (2) in Minnesota Rules, part 4900.2901, change "566.29" to 95.28 "504B.445"; 95.29 (3) in Minnesota Rules, part 4900.2902, subpart 1, change 95.30 "566.25 or 566.34" to "504B.425 or 504B.385" and "566.29" to 95.31 "504B.445"; and 95.32 (4) in Minnesota Rules, part 4900.2902, subpart 15, change 95.33 "566.25, clause (c)" to "504B.425, paragraph (d)." 95.34 Sec. 36. [EFFECTIVE DATE.] 95.35 This article is effective July 1, 1999.