HF 3382

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to landlord tenant; unlawful detainer; 
  1.3             reducing the court felony filing fee; eliminating a 
  1.4             stay of execution; reducing the storage period for 
  1.5             tenant property after execution of the writ; amending 
  1.6             Minnesota Statutes 1996, sections 566.09, subdivision 
  1.7             1; and 566.17, subdivision 2; Minnesota Statutes 1997 
  1.8             Supplement, section 566.05. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.11  566.05, is amended to read: 
  1.12     566.05 [COMPLAINT AND SUMMONS.] 
  1.13     (a) The person complaining shall file a complaint with the 
  1.14  court, stating the full name and date of birth of the person 
  1.15  against whom the complaint is made, unless it is not known, 
  1.16  describing the premises of which possession is claimed, stating 
  1.17  the facts which authorize the recovery, and praying for 
  1.18  restitution thereof.  The lack of the full name and date of 
  1.19  birth of the person against whom the complaint is made does not 
  1.20  deprive the court of jurisdiction or make the complaint 
  1.21  invalid.  The complaint shall be accompianied by a filing fee of 
  1.22  half the amount otherwise required by section 357.021, 
  1.23  subdivision 2, clause (1).  The court shall issue a summons, 
  1.24  commanding the person against whom the complaint is made to 
  1.25  appear before the court on a day and at a place stated in the 
  1.26  summons.  The appearance shall be not less than seven nor more 
  1.27  than 14 days from the day of issuing the summons, except as 
  2.1   provided by paragraph (b).  A copy of the complaint shall be 
  2.2   attached to the summons, which shall state that the copy is 
  2.3   attached and that the original has been filed. 
  2.4      (b) In an unlawful detainer action brought under section 
  2.5   504.181 or on the basis that the tenant is causing a nuisance or 
  2.6   other illegal behavior that seriously endangers the safety of 
  2.7   other residents, their property, or the landlord's property, the 
  2.8   person filing the complaint shall file an affidavit stating 
  2.9   specific facts and instances in support of why an expedited 
  2.10  hearing is required.  The complaint and affidavit shall be 
  2.11  reviewed by a referee or judge and scheduled for an expedited 
  2.12  hearing only if sufficient supporting facts are stated and they 
  2.13  meet the requirements of this paragraph.  The appearance in an 
  2.14  expedited hearing shall be not less than five days nor more than 
  2.15  seven days from the date the summons is issued.  The summons, in 
  2.16  an expedited hearing, shall be served upon the tenant within 24 
  2.17  hours of issuance unless the court orders otherwise for good 
  2.18  cause shown.  If the court determines that the person seeking an 
  2.19  expedited hearing did so without sufficient basis under the 
  2.20  requirements of this paragraph, the court shall impose a civil 
  2.21  penalty of up to $500 for abuse of the expedited hearing process.
  2.22     Sec. 2.  Minnesota Statutes 1996, section 566.09, 
  2.23  subdivision 1, is amended to read: 
  2.24     Subdivision 1.  [GENERAL.] If the court or jury finds for 
  2.25  the plaintiff, the court shall immediately enter judgment that 
  2.26  the plaintiff have restitution of the premises and tax the costs 
  2.27  for the plaintiff.  The court shall issue execution in favor of 
  2.28  the plaintiff for the costs and also immediately issue a writ of 
  2.29  restitution.  The court shall give priority in issuing a writ of 
  2.30  restitution for any unlawful detainer brought under section 
  2.31  504.181 or on the basis that the tenant is causing a nuisance or 
  2.32  seriously endangers the safety of other residents, their 
  2.33  property, or the landlord's property.  Except in actions brought 
  2.34  under (1) section 566.02 as required by section 609.5317, 
  2.35  subdivision 1, (2) under section 504.181, or (3) on the basis 
  2.36  that the tenant is causing a nuisance or seriously endangers the 
  3.1   safety of other residents, their property, or the landlord's 
  3.2   property, upon a showing by the defendant that immediate 
  3.3   restitution of the premises would work a substantial hardship 
  3.4   upon the defendant or the defendant's family, the court shall 
  3.5   stay the writ of restitution for a reasonable period, not to 
  3.6   exceed seven days.  If the court or jury finds for the 
  3.7   defendant, the court shall enter judgment for the defendant, tax 
  3.8   the costs against the plaintiff, and issue execution therefor. 
  3.9      Sec. 3.  Minnesota Statutes 1996, section 566.17, 
  3.10  subdivision 2, is amended to read: 
  3.11     Subd. 2.  [REMOVAL AND STORAGE OF PROPERTY.] (a) In cases 
  3.12  where the defendant's personal property is to be stored in a 
  3.13  place other than the premises, the officer shall remove all 
  3.14  property of the defendant at the expense of the plaintiff.  
  3.15     The plaintiff shall have a lien upon all of the goods upon 
  3.16  the premises for the reasonable costs and expenses incurred for 
  3.17  removing the personal property and for the proper caring and 
  3.18  storing the same, and the costs of transportation of the same to 
  3.19  some suitable place of storage, in case defendant shall fail or 
  3.20  refuse to make immediate payment for all the expenses of such 
  3.21  removal from the premises and plaintiff shall have the right to 
  3.22  enforce such lien by detaining the same until paid, and, in case 
  3.23  of nonpayment for 60 30 days after the execution of the writ, 
  3.24  shall have the right to enforce the lien and foreclose the same 
  3.25  by public sale as provided for in case of sales under sections 
  3.26  514.18 to 514.22. 
  3.27     (b) In cases where the defendant's property is to be stored 
  3.28  on the premises, the officer shall enter the premises, breaking 
  3.29  in if necessary, and the plaintiff may remove the defendant's 
  3.30  personal property.  The provisions of section 504.24 apply to 
  3.31  property removed under this paragraph.  The plaintiff must 
  3.32  prepare an inventory and mail a copy of the inventory to the 
  3.33  defendant's last known address or, if the defendant has provided 
  3.34  a different address, to the address provided by the defendant.  
  3.35  The inventory must be prepared, signed, and dated in the 
  3.36  presence of the peace officer.  The inventory must include the 
  4.1   following: 
  4.2      (1) a listing of the items of personal property and a 
  4.3   description of the condition of the property; 
  4.4      (2) the date, the signature of the plaintiff or the 
  4.5   plaintiff's agent, and the name and telephone number of a person 
  4.6   authorized to release the personal property; and 
  4.7      (3) the name and badge number of the peace officer. 
  4.8      The peace officer shall retain a copy of the inventory.  
  4.9   The plaintiff is responsible for the proper removal, storage, 
  4.10  and care of the defendant's personal property and is liable for 
  4.11  damages for loss of or injury to the defendant's personal 
  4.12  property caused by the plaintiff's failure to exercise care in 
  4.13  regard to it as a reasonably careful person would exercise under 
  4.14  like circumstances. 
  4.15     The plaintiff shall notify the defendant of the date and 
  4.16  approximate time the officer is scheduled to remove the 
  4.17  defendant, family, and the defendant's personal property from 
  4.18  the premises.  The notice must be sent by first-class mail.  In 
  4.19  addition, the plaintiff must make a good faith effort to notify 
  4.20  the defendant by telephone.  The notice must be mailed as soon 
  4.21  as the information regarding the date and approximate time the 
  4.22  officer is scheduled to enforce the writ is known to the 
  4.23  plaintiff, except that the scheduling of the peace officer to 
  4.24  enforce the writ need not be delayed because of the notice 
  4.25  requirement.  The notice must inform the defendant that the 
  4.26  defendant and the defendant's property will be removed from the 
  4.27  premises if the defendant has not vacated the premises by the 
  4.28  time specified in the notice.