HF 5439

as introduced - 93rd Legislature (2023 - 2024) Posted on 05/01/2024 09:28am

A bill for an act
relating to real property; clarifying a person committing trespass is not subject to
eviction procedures; amending Minnesota Statutes 2023 Supplement, section
504B.301.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2023 Supplement, section 504B.301, is amended to read:

504B.301 EVICTION ACTION FOR UNLAWFUL DETENTION new text begin ; TRESPASS new text end .

new text begin (a) new text end A person may be evicted if the person has unlawfully or forcibly occupied or taken
possession of real property or unlawfully detains or retains possession of real property.

new text begin (b) An individual who is not renting a residential rental unit, and who is not on the lease
and does not have a contract or sublease to reside in the rental unit, does not need to be
evicted to be removed from a property or dwelling. An individual may be removed for
trespass, or arrested for trespass consistent with section 609.605, if the individual:
new text end

new text begin (1) does not have a signed lease for the residential rental unit, or the individual does not
have a current or valid contract or sublease for that residential rental unit;
new text end

new text begin (2) has been given notice by the tenant or property owner that they are not invited to
visit or remain in the residential rental unit; and
new text end

new text begin (3) does not have the explicit permission of the tenant or property owner to be in the
residence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end