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HF 4465

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 02:57pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to civil law; amending the notice periods related to the abandoned property
of a tenant; amending Minnesota Statutes 2022, sections 504B.271, subdivision
1; 504B.365, subdivision 3.


Section 1.

Minnesota Statutes 2022, section 504B.271, subdivision 1, is amended to read:

Subdivision 1.

Abandoned property.

(a) If a tenant abandons rented premises, the
landlord may take possession of the tenant's personal property remaining on the premises,
and shall store and care for the property. The landlord has a claim against the tenant for
reasonable costs and expenses incurred in removing the tenant's property and in storing and
caring for the property.

(b) The landlord may sell or otherwise dispose of the property deleted text begin 28deleted text end new text begin 14new text end days after the
landlord receives actual notice of the abandonment, or deleted text begin 28deleted text end new text begin 14new text end days after it reasonably appears
to the landlord that the tenant has abandoned the premisesdeleted text begin , whichever occurs lastdeleted text end .

(c) The landlord may apply a reasonable amount of the proceeds of a sale to the removal,
care, and storage costs and expenses or to any claims authorized pursuant to section
504B.178, subdivision 3, paragraphs (a) and (b). Any remaining proceeds of any sale shall
be paid to the tenant upon written demand.

(d) Prior to a sale, the landlord shall make reasonable efforts to notify the tenant of the
sale at least 14 days prior to the sale, by personal service in writing or sending written
notification of the sale by first class and certified mail to the tenant's last known address or
usual place of abode, if known by the landlord, and by posting notice of the sale in a
conspicuous place on the premises at least two weeks prior to the sale. If notification by
mail is used, the 14-day period shall be deemed to start on the day the notices are deposited
in the United States mail.

Sec. 2.

Minnesota Statutes 2022, section 504B.365, subdivision 3, is amended to read:

Subd. 3.

Removal and storage of property.

(a) If the defendant's personal property is
to be stored in a place other than the premises, the officer shall remove all personal property
of the defendant at the expense of the plaintiff.

(b) The defendant must make immediate payment for all expenses of removing personal
property from the premises. If the defendant fails or refuses to do so, the plaintiff has a lien
on all the personal property for the reasonable costs and expenses incurred in removing,
caring for, storing, and transporting it to a suitable storage place.

(c) The plaintiff may enforce the lien by detaining the personal property until paid. If
no payment has been made for deleted text begin 60deleted text end new text begin 14new text end days after the execution of the order to vacate, the
plaintiff may hold a public sale as provided in sections 514.18 to 514.22.

(d) If the defendant's personal property is to be stored on the premises, the officer shall
enter the premises, breaking in if necessary, and the plaintiff may remove the defendant's
personal property. Section 504B.271 applies to personal property removed under this
paragraph. The plaintiff must prepare an inventory and mail a copy of the inventory to the
defendant's last known address or, if the defendant has provided a different address, to the
address provided. The inventory must be prepared, signed, and dated in the presence of the
officer and must include the following:

(1) a list of the items of personal property and a description of their condition;

(2) the date, the signature of the plaintiff or the plaintiff's agent, and the name and
telephone number of a person authorized to release the personal property; and

(3) the name and badge number of the officer.

(e) The officer must retain a copy of the inventory.

(f) The plaintiff is responsible for the proper removal, storage, and care of the defendant's
personal property and is liable for damages for loss of or injury to it caused by the plaintiff's
failure to exercise the same care that a reasonably careful person would exercise under
similar circumstances.

(g) The plaintiff shall notify the defendant of the date and approximate time the officer
is scheduled to remove the defendant, family, and personal property from the premises. The
notice must be sent by first class mail. In addition, the plaintiff must make a good faith
effort to notify the defendant by telephone. The notice must be mailed as soon as the
information regarding the date and approximate time the officer is scheduled to enforce the
order is known to the plaintiff, except that the scheduling of the officer to enforce the order
need not be delayed because of the notice requirement. The notice must inform the defendant
that the defendant and the defendant's personal property will be removed from the premises
if the defendant has not vacated the premises by the time specified in the notice.