1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to landlords and tenants; recodifying, 1.3 clarifying, and relocating landlord tenant law; 1.4 proposing coding for new law as Minnesota Statutes, 1.5 chapter 504A; repealing Minnesota Statutes 1996, 1.6 sections 504.01; 504.012; 504.015; 504.02; 504.03; 1.7 504.04; 504.05; 504.06; 504.07; 504.08; 504.09; 1.8 504.18; 504.181, subdivisions 2 and 3; 504.183; 1.9 504.185; 504.20; 504.201; 504.21; 504.22; 504.23; 1.10 504.24; 504.245; 504.246; 504.25; 504.255; 504.257; 1.11 504.26; 504.265; 504.27; 504.28; 504.29; 504.30; 1.12 504.31; 504.32; 504.36; 566.01; 566.02; 566.021; 1.13 566.03; 566.04; 566.051; 566.06; 566.07; 566.08; 1.14 566.09; 566.10; 566.11; 566.12; 566.13; 566.14; 1.15 566.15; 566.16; 566.17; 566.175; 566.18, subdivisions 1.16 1, 2, 3, 4, and 5; 566.19; 566.20; 566.205; 566.21; 1.17 566.22; 566.23; 566.24; 566.26; 566.27; 566.28; 1.18 566.29; 566.291; 566.30; 566.31; 566.32; 566.33; 1.19 566.34; and 566.35; Minnesota Statutes 1997 1.20 Supplement, sections 504.181, subdivision 1; 504.215; 1.21 566.05; 566.18, subdivision 6; and 566.25. 1.22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.23 CHAPTER 504A 1.24 LANDLORDS AND TENANTS 1.25 Section 1. [504A.001] [DEFINITIONS.] 1.26 Subdivision 1. [APPLICABILITY.] For the purposes of this 1.27 chapter, the terms defined in this section have the meanings 1.28 given them. 1.29 Subd. 2. [COMMERCIAL TENANT.] "Commercial tenant" means a 1.30 person paying rent in a residential building defined in 1.31 subdivision 10 who is not a residential tenant, as defined in 1.32 subdivision 11. [566.18, s.4] 1.33 Subd. 3. [EVICT OR EVICTION.] "Evict" or "eviction" means 2.1 to remove a renter or occupant from or otherwise recover 2.2 possession of real property by process of law. 2.3 Subd. 4. [INSPECTOR.] "Inspector" means the person charged 2.4 by the governing body of the political subdivision in which a 2.5 residential building is situated, with the responsibility of 2.6 enforcing provisions of local law, the breach of which could 2.7 constitute a violation as defined in subdivision 13, clause 2.8 (1). If there is no such person, "inspector" means the county 2.9 agent of a board of health as authorized under section 145A.04 2.10 or the chair of the board of county commissioners, and in the 2.11 case of a manufactured home park, the state department of health 2.12 or its designee. [566.18, s.8] 2.13 Subd. 5. [LANDLORD.] "Landlord" means an owner of real 2.14 property, a contract for deed vendee, receiver, executor, 2.15 trustee, lessee, agent, or other person directly or indirectly 2.16 in control of rental property. [566.18, s.3] 2.17 Subd. 6. [LEASE.] "Lease" means a written or oral 2.18 agreement to rent real property, other than a hotel as defined 2.19 in section 327.70, for any period of time. 2.20 Subd. 7. [NEIGHBORHOOD ORGANIZATION.] "Neighborhood 2.21 organization" means a nonprofit corporation incorporated under 2.22 chapter 317A that: 2.23 (1) designates in its articles of incorporation or bylaws a 2.24 specific geographic community to which its activities are 2.25 limited; and 2.26 (2) is formed for the purposes of promoting community 2.27 safety, crime prevention, and housing quality in a 2.28 nondiscriminatory manner. 2.29 For purposes of this chapter, an action taken by a 2.30 neighborhood organization with the written permission of a 2.31 residential tenant means, with respect to a building with 2.32 multiple dwelling units, an action taken by the neighborhood 2.33 organization with the written permission of the residential 2.34 tenants of a majority of the occupied units. [566.18, s.9] 2.35 Subd. 8. [PERSON.] "Person" means a natural person, 2.36 corporation, limited liability company, partnership, or 3.1 unincorporated association. [566.18, s.5] 3.2 Subd. 9. [RENTER.] "Renter" means a residential or 3.3 commercial tenant or other person that rents or leases real 3.4 property. 3.5 Subd. 10. [RESIDENTIAL BUILDING.] "Residential building" 3.6 means: 3.7 (1) a building used in whole or in part as a dwelling, 3.8 including single family homes, multiple family units such as 3.9 apartments, and structures containing both dwelling units and 3.10 units used for nondwelling purposes, and includes a manufactured 3.11 home park; or 3.12 (2) an unoccupied building which was previously used in 3.13 whole or in part as a dwelling and which constitutes a nuisance 3.14 under section 561.01. [566.18, s.7] 3.15 Subd. 11. [RESIDENTIAL TENANT.] "Residential tenant" means 3.16 a person who is occupying a dwelling in a residential building 3.17 under a lease or contract, whether oral or written, that 3.18 requires the payment of money or exchange of services, all other 3.19 regular occupants of that dwelling unit, or a resident of a 3.20 manufactured home park. [566.18, s.2] 3.21 Subd. 12. [TENANCY AT WILL.] "Tenancy at will" means a 3.22 tenancy established without a written lease. 3.23 Subd. 13. [VIOLATION.] "Violation" means: 3.24 (1) a violation of a state, county or city health, safety, 3.25 housing, building, fire prevention, or housing maintenance code 3.26 applicable to the building; 3.27 (2) a violation of section 6, subdivision 1, paragraph (a), 3.28 clause (1) or (2); 3.29 (3) a violation of section 76, subdivision 1; or 3.30 (4) a violation of lease for the rental of a dwelling in a 3.31 building. [566.18, s.6] 3.32 DURING THE TENANCY 3.33 Sec. 2. [504A.101] [PERSON IN POSSESSION LIABLE FOR RENT; 3.34 EVIDENCE.] 3.35 Every person in possession of land out of which any rent is 3.36 due, whether it was originally demised in fee, or for any other 4.1 estate of freehold or for any term of years, shall be liable for 4.2 the amount or proportion of rent due from the land in 4.3 possession, although it be only a part of the land originally 4.4 demised. Such rent may be recovered in a civil action, and the 4.5 deed, demise, or other instrument showing the provisions of the 4.6 lease may be used in evidence by either party to prove the 4.7 amount due from the defendant. Nothing herein contained shall 4.8 deprive landlords of any other legal remedy for the recovery of 4.9 rent, whether secured to them by their leases or provided by law. 4.10 [504.04] 4.11 Sec. 3. [504A.111] [WRITTEN LEASE REQUIRED; PENALTY.] 4.12 A landlord of a residential building with 12 or more 4.13 residential units must have a written lease for each unit rented 4.14 to a residential tenant. Notwithstanding any other state law or 4.15 city ordinance to the contrary, a landlord may ask for the 4.16 tenant's full name and date of birth on the lease and 4.17 application. A landlord who fails to provide a lease, as 4.18 required under this section, is guilty of a petty misdemeanor. 4.19 [504.012] 4.20 Sec. 4. [504A.115] [TENANT TO BE GIVEN COPY OF LEASE.] 4.21 Subdivision 1. [COPY OF WRITTEN LEASE TO TENANT.] Where 4.22 there is a written lease, a landlord must give a copy to each 4.23 tenant occupying a dwelling unit whose signature appears on the 4.24 lease agreement. The landlord may obtain a signed and dated 4.25 receipt, either as a separate document or an acknowledgment 4.26 included in the lease agreement itself, from the tenant 4.27 acknowledging that the tenant has received a copy of the lease. 4.28 This signed receipt or acknowledgment is prima facie evidence 4.29 that the tenant has received a copy of the lease. [504.015] 4.30 Subd. 2. [LEGAL ACTION TO ENFORCE LEASE.] In any legal 4.31 action to enforce a written lease, except for nonpayment of 4.32 rent, disturbing the peace, malicious destruction of property, 4.33 or a violation of section 76, it is a defense for the tenant to 4.34 establish that the landlord failed to comply with subdivision 4.35 1. This defense may be overcome if the landlord establishes 4.36 that the tenant had actual knowledge of the term or terms of the 5.1 lease upon which any legal action is based. [504.015] 5.2 Sec. 5. [504A.121] [URBAN REAL ESTATE; HOLDING OVER.] 5.3 When a renter of urban real estate holds over and retains 5.4 possession after expiration of the lease without the landlord's 5.5 express agreement, no tenancy for any period other than the 5.6 shortest interval between the times of payment of rent under the 5.7 terms of the expired lease shall be implied. [504.07] 5.8 Sec. 6. [504A.125] [HABITABILITY COVENANTS OF LANDLORD.] 5.9 Subdivision 1. [REQUIREMENTS.] (a) A landlord covenants 5.10 that: 5.11 (1) the property and all common areas are fit for the use 5.12 intended by the landlord and residential tenant; 5.13 (2) the property is kept in reasonable repair during the 5.14 term of the lease, except when disrepair has been caused by the 5.15 willful, malicious, or irresponsible conduct of the residential 5.16 tenant or a person under the direction or control of the 5.17 residential tenant; and 5.18 (3) the property is maintained in compliance with the 5.19 applicable health and safety laws of: 5.20 (i) the state, including the weatherstripping, caulking, 5.21 storm window, and storm door energy efficiency standards for 5.22 renter-occupied residences prescribed by section 216C.27, 5.23 subdivisions 1 and 3; and 5.24 (ii) the local units of government where the property is 5.25 located: 5.26 except that items (i) and (ii) do not apply when violation of 5.27 the health and safety laws has been caused by the willful, 5.28 malicious, or irresponsible conduct of the residential tenant or 5.29 a person under the direction or control of the residential 5.30 tenant. 5.31 (b) The landlord may agree with the residential tenant that 5.32 the residential tenant is to perform specified repairs or 5.33 maintenance, but only if the agreement is supported by adequate 5.34 consideration and is in conspicuous writing. 5.35 (c) The requirements in paragraph (a) are in addition to 5.36 any other requirements imposed by law, ordinance, or by the 6.1 terms of the lease. 6.2 (d) Nothing in this subdivision may be construed to alter 6.3 the liability of the landlord for injury to third parties. 6.4 [504.18, subds. 1, 2, 4, 5] 6.5 Subd. 2. [WAIVER NOT ALLOWED.] The landlord and 6.6 residential tenant may not waive or modify the requirements of 6.7 subdivision 1, paragraph (a), under any circumstances including, 6.8 but not limited to: 6.9 (1) by agreement; or 6.10 (2) by permitting the residential tenant to inspect the 6.11 property before entering into a lease. [504.18, subds. 2 and 3] 6.12 Subd. 3. [APPLICABILITY.] (a) This section applies only to 6.13 leases concluded or renewed on or after June 15, 1971. 6.14 (b) For the purposes of this section, tenancies at will are 6.15 considered renewed at the beginning of each rental period. 6.16 [504.18, subd. 6] 6.17 Subd. 4. [LIBERAL CONSTRUCTION.] This section shall be 6.18 liberally construed. [504.18, subd. 3] 6.19 Sec. 7. [504A.131] [SINGLE-METER UTILITY SERVICE 6.20 PAYMENTS.] 6.21 (a) For the purposes of this section, "single-metered 6.22 residential building" means a multiunit residential building 6.23 with one or more separate residential living units where the 6.24 utility service measured through a single meter provides service 6.25 to an individual unit and to all or parts of common areas or 6.26 other units. 6.27 (b) In a residential lease entered into or renewed on or 6.28 after August 1, 1995, the owner of a single-metered residential 6.29 building shall be the bill payer responsible, and shall be the 6.30 customer of record contracting with the utility for utility 6.31 services. The owner must advise the utility provider that the 6.32 utility services apply to a single-metered residential 6.33 building. A failure by the owner to comply with this section is 6.34 a violation of sections 6, subdivision 1, paragraph (a), clause 6.35 (1), and 30. This section may not be waived by contract or 6.36 otherwise. This section does not require an owner to contract 7.1 and pay for utility service provided to each residential unit 7.2 through a separate meter which accurately measures that unit's 7.3 use only. [504.185, subds. 1 and 1a] 7.4 Sec. 8. [504A.135] [EMERGENCY CONDITIONS; LOSS OF 7.5 ESSENTIAL SERVICES.] 7.6 Subdivision 1. [PROCEDURE.] (a) A residential tenant or 7.7 group of residential tenants may pay to have home heating oil, 7.8 propane, natural gas, electricity, or water service continued or 7.9 reconnected as provided in this section if the municipality, 7.10 utility company, or other company supplying the service to the 7.11 residential building has issued a final notice, has posted the 7.12 building proposing to disconnect, or has discontinued the 7.13 service because a landlord: 7.14 (1) who has contracted for the service has failed to pay 7.15 for it; or 7.16 (2) is required by law or contract to pay for the service 7.17 and fails to do so. 7.18 (b) Before paying for the service, the residential tenant 7.19 or group of tenants must give oral or written notice to the 7.20 landlord of their intention to pay after 48 hours, or a shorter 7.21 period that is reasonable under the circumstances, if the 7.22 landlord has not already paid for the service. In the case of 7.23 oral notice, written notice must be mailed or delivered to the 7.24 landlord within 24 hours after oral notice is given. 7.25 (c) When the affected service is natural gas, electricity, 7.26 or water, if the landlord has not yet paid the bill by the time 7.27 of the residential tenant's intended payment, or if the service 7.28 remains discontinued, the residential tenant or group of tenants 7.29 may pay the outstanding bill for the most recent billing period, 7.30 if the utility company or municipality will restore the service 7.31 for at least one billing period. 7.32 (d) When the affected service is home heating oil or 7.33 propane, if the landlord has not yet paid the bill by the time 7.34 of the residential tenant's intended payment, or if the service 7.35 remains discontinued, the residential tenant or group of tenants 7.36 may order and pay for one month's supply of the proper grade and 8.1 quality of oil or propane. 8.2 (e) After submitting receipts for the payment to the 8.3 landlord, a residential tenant may deduct the amount of the 8.4 tenant's payment from the next rental payment. Amounts paid to 8.5 the municipality, utility company, or other company by a 8.6 residential tenant under this subdivision are considered payment 8.7 of rent to the landlord for purposes of section 19. [504.185, 8.8 subd. 2] 8.9 Subd. 2. [LIMITATIONS; WAIVER NOT ALLOWED; RIGHTS ARE 8.10 ADDITIONAL.] The residential tenant rights under this section: 8.11 (1) do not extend to conditions caused by the willful, 8.12 malicious, or negligent conduct of the residential tenant or of 8.13 a person under the tenant's direction or control; 8.14 (2) may not be waived or modified; and 8.15 (3) are in addition to and do not limit other rights that 8.16 may be available to the residential tenant in law or equity, 8.17 including the right to damages and the right to restoration of 8.18 possession of the property under section 19. [504.185, subd. 3] 8.19 Sec. 9. [504A.141] [TENANT'S RIGHT TO PRIVACY.] 8.20 Subdivision 1. [ENTRY BY LANDLORD.] Except as provided in 8.21 subdivision 3, a landlord may enter the premises rented by a 8.22 residential tenant only for a reasonable business purpose and 8.23 after making a good faith effort to give the tenant reasonable 8.24 notice under the circumstances of the intent to enter. A tenant 8.25 may not waive and the landlord may not require the tenant to 8.26 waive the tenant's right to prior notice of entry under this 8.27 section as a condition of entering into or maintaining the 8.28 lease. [504.183, subds. 1,2] 8.29 Subd. 2. [REASONABLE PURPOSE.] For purposes of subdivision 8.30 1, a reasonable business purpose includes, but is not limited to: 8.31 (1) showing the unit to prospective tenants during the 8.32 notice period before the lease terminates or after the current 8.33 tenant has given notice to move to the owner or owner's agent; 8.34 (2) showing the unit to a prospective buyer or to an 8.35 insurance representative; 8.36 (3) performing maintenance work; 9.1 (4) allowing inspections by state, county, or city 9.2 officials charged in the enforcement of health, housing, 9.3 building, fire prevention, or housing maintenance codes; 9.4 (5) the tenant is causing a disturbance within the unit; 9.5 (6) the landlord has a reasonable belief that the tenant is 9.6 violating the lease within the tenant's unit; 9.7 (7) prearranged housekeeping work in senior housing where 9.8 80 percent or more of the tenants are age 55 or older; 9.9 (8) the landlord has a reasonable belief that the unit is 9.10 being occupied by an individual without a legal right to occupy 9.11 it; or 9.12 (9) the tenant has vacated the unit. [504.183, subd. 3] 9.13 Subd. 3. [EXCEPTION TO NOTICE REQUIREMENT.] 9.14 Notwithstanding subdivision 1, a landlord may enter the premises 9.15 rented by a tenant to inspect or take appropriate action without 9.16 prior notice to the tenant if the landlord reasonably suspects 9.17 that: 9.18 (1) immediate entry is necessary to prevent injury to 9.19 persons or property because of conditions relating to 9.20 maintenance, building security, or law enforcement; 9.21 (2) immediate entry is necessary to determine a tenant's 9.22 safety; or 9.23 (3) immediate entry is necessary in order to comply with 9.24 local ordinances regarding unlawful activity occurring within 9.25 the tenant's premises. [504.183, subd. 4] 9.26 Subd. 4. [ENTRY WITHOUT TENANT'S PRESENCE.] If the 9.27 landlord enters when the tenant is not present and prior notice 9.28 has not been given, the landlord shall disclose the entry by 9.29 placing a written disclosure of the entry in a conspicuous place 9.30 in the premises. [504.183, subd. 5] 9.31 Subd. 5. [PENALTY.] If a landlord substantially violates 9.32 subdivision 1, the tenant is entitled to a penalty which may 9.33 include a rent reduction up to full rescission of the lease, 9.34 recovery of any damage deposit less any amount retained under 9.35 section 27, and up to a $100 civil penalty for each violation. 9.36 If a landlord violates subdivision 4, the tenant is entitled to 10.1 up to a $100 civil penalty for each violation. A tenant shall 10.2 follow the procedures in sections 53 to 69 to enforce the 10.3 provisions of this section. [504.183, subd. 6] 10.4 Subd. 6. [EXEMPTION.] This section does not apply to 10.5 tenants and landlords of manufactured home parks as defined in 10.6 section 327C.01. [504.183, subd. 7] 10.7 Sec. 10. [504A.145] [RESTRICTION ON LEASE TERMS FOR 10.8 BUILDINGS IN FINANCIAL DISTRESS.] 10.9 Once a landlord has received notice of a contract for deed 10.10 cancellation under section 559.21 or notice of a mortgage 10.11 foreclosure sale under chapter 580 or 582, the landlord may 10.12 enter into a periodic lease agreement with a term of two months 10.13 or less or a fixed term tenancy not extending beyond the 10.14 cancellation period or the landlord's period of redemption until: 10.15 (1) the contract for deed has been reinstated or paid in 10.16 full; 10.17 (2) the mortgage default has been cured and the mortgage 10.18 reinstated; 10.19 (3) the mortgage has been satisfied; 10.20 (4) the property has been redeemed from a foreclosure sale; 10.21 or 10.22 (5) a receiver has been appointed. 10.23 This section does not apply to a manufactured home park as 10.24 defined in section 327C.01, subdivision 5. [504.201] 10.25 Sec. 11. [504A.151] [RESTRICTION ON AUTOMATIC RENEWAL OF 10.26 LEASE.] 10.27 (a) In a residential lease, a landlord may not enforce an 10.28 automatic renewal clause of a lease of an original term of two 10.29 months or more that renews the lease for a specified additional 10.30 period of two months or more unless the residential tenant gives 10.31 notice to the landlord of an intention to quit the property at 10.32 the expiration of the term due to expire. 10.33 (b) Paragraph (a) does not apply if the landlord gives the 10.34 residential tenant written notice directing the residential 10.35 tenant's attention to the automatic renewal provision of the 10.36 lease. The notice must be given between 15 and 30 days prior to 11.1 the time that the residential tenant is required to furnish 11.2 notice of an intention to quit and must be served personally or 11.3 by certified mail. [504.21] 11.4 Sec. 12. [504A.155] [DISCLOSURE BY LANDLORD TO RESIDENTIAL 11.5 TENANT; ATTORNEY GENERAL'S STATEMENT.] 11.6 Subdivision 1. [DISCLOSURE.] Before a tenancy begins, a 11.7 landlord must inform a residential tenant either in the lease or 11.8 otherwise in writing the name and address of: 11.9 (1) the person authorized to manage the property; and 11.10 (2) the landlord or an agent authorized by the landlord to 11.11 accept service of process and receive and give receipt for 11.12 notices and demands. [504.22, subd. 2] 11.13 Subd. 2. [POSTING NOTICE.] (a) A printed or typewritten 11.14 notice containing the information that must be disclosed under 11.15 subdivision 1 must be placed in a conspicuous place on the 11.16 property. 11.17 (b) Unless the landlord is required to post a notice by 11.18 section 471.9995, the landlord shall also place a notice in a 11.19 conspicuous place on the property that states that a copy of the 11.20 statement required by subdivision 4 is available from the 11.21 attorney general to any residential tenant upon request. This 11.22 subdivision is complied with if notices posted in compliance 11.23 with other statutes or ordinances contain the information 11.24 required by this section. [504.22, subd. 3] 11.25 Subd. 3. [AGENT WHERE LANDLORD'S ADDRESS IS NOT KNOWN.] If 11.26 subdivisions 1 and 2, paragraph (a), have not been complied with 11.27 and a person wants to serve process on or give a notice or 11.28 demand to the landlord, but does not know the name and address 11.29 of the landlord or the landlord's agent, then a caretaker or 11.30 manager of the property or an individual to whom residential 11.31 tenants make rental payments is the authorized agent. If this 11.32 agent receives service of process or receipt of a notice or 11.33 demand, the agent shall give the process, notice, or demand, or 11.34 a copy of it, to the landlord personally or send it by certified 11.35 mail, return receipt requested, to the landlord at the 11.36 landlord's last known address. [504.22, subd. 4] 12.1 Subd. 4. [ATTORNEY GENERAL'S STATEMENT.] (a) The attorney 12.2 general shall prepare and make available to the public a 12.3 statement that: 12.4 (1) summarizes the significant legal rights and obligations 12.5 of landlords and residential tenants; 12.6 (2) includes descriptions of the significant provisions of 12.7 this chapter; 12.8 (3) notifies residential tenants in public housing to 12.9 consult their leases for additional rights and obligations they 12.10 may have under federal law; and 12.11 (4) includes the telephone number and address of the 12.12 attorney general for further information. 12.13 (b) The attorney general shall annually revise the 12.14 statement in paragraph (a) as necessary to ensure that it 12.15 continues accurately to describe the statutory and case law 12.16 governing the rights and duties of landlords and residential 12.17 tenants. After each annual revision of the statement, the 12.18 attorney general shall hold a public meeting to discuss the 12.19 statement and receive comments on its contents before it is 12.20 issued. When preparing the statement and evaluating public 12.21 comment, the attorney general shall be guided by the 12.22 legislature's intent that the statement be brief, accurate, and 12.23 complete in identifying significant legal rights and 12.24 obligations, and written using words with common, everyday 12.25 meanings. 12.26 (c) For the purposes of this subdivision, "residential 12.27 tenants" does not include residents of manufactured home parks 12.28 as defined in section 327C.01, subdivision 9. [504.22, subds. 1 12.29 and 4a] 12.30 Subd. 5. [ACTION MAY NOT BE BROUGHT WITHOUT DISCLOSURE.] 12.31 (a) Except as provided in paragraph (b), an action to recover 12.32 rent or for eviction may not be brought unless the information 12.33 required by this section: 12.34 (1) has been disclosed to the residential tenant as 12.35 provided in this section; or 12.36 (2) is known by or has been disclosed to the residential 13.1 tenant at least 30 days before the initiation of the action. 13.2 (b) Failure by the landlord to post a notice required by 13.3 subdivision 2 or section 471.9995 shall not prevent an action to 13.4 recover rent or for eviction. [504.22, subd. 5] 13.5 Subd. 6. [FAILURE TO NOTIFY LANDLORD.] A residential 13.6 tenant who moves from or subleases the property without giving 13.7 the landlord at least 30 days' written notice voids this section 13.8 and section 72, as to the tenant. [504.22, subd. 6] 13.9 Subd. 7. [APPLICABILITY.] This section extends to and is 13.10 enforceable against a successor landlord, caretaker, manager, or 13.11 individual to whom rental payments are made. [504.22, subd. 7] 13.12 Sec. 13. [504A.161] [DISCLOSURE REQUIRED FOR OUTSTANDING 13.13 INSPECTION AND CONDEMNATION ORDERS.] 13.14 Subdivision 1. [DISCLOSURE TO TENANT.] (a) Except as 13.15 provided in subdivision 3, a landlord shall provide a copy of 13.16 all outstanding inspection orders for which a citation has been 13.17 issued, pertaining to a rental unit or common area, specifying 13.18 code violations issued under section 53, that the inspector 13.19 identifies as requiring notice because the violations threaten 13.20 the health or safety of the tenant, and all outstanding 13.21 condemnation orders and declarations that the premises are unfit 13.22 for human habitation to: 13.23 (1) a residential tenant, either by delivery or by United 13.24 States mail, postage prepaid, within 72 hours after issuance of 13.25 the citation; 13.26 (2) a person before signing a lease or paying rent or a 13.27 security deposit to begin a new tenancy; and 13.28 (3) a person prior to obtaining new ownership of the 13.29 property subject to the order or declaration. 13.30 The inspector shall indicate on the inspection order 13.31 whether the violation threatens the health or safety of a tenant 13.32 or prospective tenant. 13.33 (b) If an inspection order, for which a citation has been 13.34 issued, does not involve code violations that threaten the 13.35 health or safety of the tenants, the landlord shall post a 13.36 summary of the inspection order in a conspicuous place in each 14.1 building affected by the inspection order, along with a notice 14.2 that the inspection order will be made available by the landlord 14.3 for review, upon a request of a tenant or prospective tenant. 14.4 The landlord shall provide a copy of the inspection order for 14.5 review by a tenant or a prospective tenant as required under 14.6 this subdivision. [504.246, subd. 1] 14.7 Subd. 2. [PENALTY.] If the landlord violates this section, 14.8 the residential tenant is entitled to remedies provided by 14.9 section 8.31, subdivision 3a, and other equitable relief as 14.10 determined by the court. [504.246, subd. 2] 14.11 Subd. 3. [EXCEPTION.] A landlord is not in violation of 14.12 this section if: 14.13 (1) the landlord has received only an initial order to 14.14 repair; 14.15 (2) the time allowed to complete the repairs, including any 14.16 extension of the deadline, has not yet expired, or less than 60 14.17 days has elapsed since the expiration date of repair orders and 14.18 any extension or no citation has been issued; or 14.19 (3) the landlord completes the repairs within the time 14.20 given to repair, including any extension of the deadline. 14.21 [504.246, subd. 3] 14.22 Subd. 4. [LANDLORD'S DEFENSE.] It is an affirmative 14.23 defense in an action brought under this section for the landlord 14.24 to prove that disclosure was made as required under subdivision 14.25 1. [504.246, subd. 4] 14.26 Sec. 14. [504A.165] [RENTAL OF CONDEMNED RESIDENTIAL 14.27 PROPERTY; DAMAGES.] 14.28 (a) A landlord, an agent, or other person acting under the 14.29 landlord's direction or control may not accept rent or a 14.30 security deposit for residential rental property from a 14.31 residential tenant after the property has been condemned or 14.32 declared unfit for human habitation by the applicable state or 14.33 local authority, if the tenancy began after the property was 14.34 condemned or declared unfit for human habitation. 14.35 (b) If the landlord, an agent, or other person acting under 14.36 the landlord's direction or control violates paragraph (a), the 15.1 landlord is liable to the residential tenant for actual damages 15.2 and an amount equal to three times the amount of all money 15.3 collected from the residential tenant after the date of 15.4 condemnation or declaration, plus costs and attorney fees. 15.5 [504.245] 15.6 Sec. 15. [504A.171] [RENT LIABILITY; UNINHABITABLE 15.7 BUILDINGS.] 15.8 A renter of a building that is destroyed or becomes 15.9 uninhabitable or unfit for occupancy through no fault of the 15.10 renter, is not required to pay rent or a penalty to the landlord 15.11 unless a written agreement expressly provides otherwise, and the 15.12 renter may vacate the property. [504.05] 15.13 Sec. 16. [504A.175] [UNLAWFUL DESTRUCTION; DAMAGES.] 15.14 An action may be brought for willful and malicious 15.15 destruction of a residential building. The prevailing party may 15.16 recover actual damages, costs, and reasonable attorney fees, as 15.17 well as other equitable relief as determined by the court. 15.18 [504.257] 15.19 Sec. 17. [504A.181] [PETS IN SUBSIDIZED HANDICAPPED 15.20 ACCESSIBLE RENTAL HOUSING UNITS.] 15.21 In a multiunit residential building, a residential tenant 15.22 of a handicapped accessible unit, in which the tenant or the 15.23 unit receives a subsidy that directly reduces or eliminates the 15.24 tenant's rent responsibility must be allowed to have two birds 15.25 or one spayed or neutered dog or one spayed or neutered cat. A 15.26 tenant under this section may not keep or have visits from an 15.27 animal that constitutes a threat to the health or safety of 15.28 other individuals, or causes a noise nuisance or noise 15.29 disturbance to other tenants. The landlord may require the 15.30 tenant to pay an additional damage deposit in an amount 15.31 reasonable to cover damage likely to be caused by the animal. 15.32 The deposit is refundable at any time the tenant leaves the unit 15.33 or to the extent it exceeds the amount of damage actually caused 15.34 by the animal. [504.36] 15.35 Sec. 18. [504A.185] [RESIDENTIAL TENANT'S RIGHT TO SEEK 15.36 POLICE AND EMERGENCY ASSISTANCE.] 16.1 Subdivision 1. [DEFINITION.] For the purpose of this 16.2 section, "domestic abuse" has the meaning given in section 16.3 518B.01, subdivision 2. [504.215, subd. 1] 16.4 Subd. 2. [EMERGENCY CALLS PERMITTED.] (a) A landlord may 16.5 not: 16.6 (1) bar or limit a residential tenant's right to call for 16.7 police or emergency assistance in response to domestic abuse or 16.8 any other conduct; or 16.9 (2) impose a penalty on a residential tenant for calling 16.10 for police or emergency assistance in response to domestic abuse 16.11 or any other conduct. 16.12 (b) A residential tenant may not waive and a landlord may 16.13 not require the tenant to waive the tenant's right to call for 16.14 police or emergency assistance. [504.215, subd. 2] 16.15 Subd. 3. [LOCAL PREEMPTION.] This section preempts any 16.16 inconsistent local ordinance or rule including, without 16.17 limitation, any ordinance or rule that: 16.18 (1) requires an eviction after a specified number of calls 16.19 by a residential tenant for police or emergency assistance in 16.20 response to domestic abuse or any other conduct; or 16.21 (2) provides that calls by a residential tenant for police 16.22 or emergency assistance in response to domestic abuse or any 16.23 other conduct may be used to penalize or charge a fee to a 16.24 landlord. 16.25 This subdivision shall not otherwise preempt any local 16.26 ordinance or rule that penalizes a landlord for, or requires a 16.27 landlord to abate, conduct on the premises that constitutes a 16.28 nuisance or other disorderly conduct as defined by local 16.29 ordinance or rule. [504.215, subd. 3] 16.30 Subd. 4. [TENANT RESPONSIBILITY.] This section shall not 16.31 be construed to condone or permit any breach of a lease or of 16.32 law by a residential tenant including, but not limited to, 16.33 disturbing the peace and quiet of other residential tenants, 16.34 damage to property, and disorderly conduct. [504.215, subd. 4] 16.35 Subd. 5. [RESIDENTIAL TENANT REMEDIES.] A residential 16.36 tenant may bring a civil action for a violation of this section 17.1 and recover from the landlord $250 or actual damages, whichever 17.2 is greater, and reasonable attorney's fees. [504.215, subd. 5] 17.3 Subd. 6. [ATTORNEY GENERAL AUTHORITY.] The attorney 17.4 general has authority under section 8.31 to investigate and 17.5 prosecute violations of this section. [504.216, subd. 5] 17.6 ENDING THE TENANCY 17.7 Sec. 19. [504A.201] [LANDLORD'S CLAIM FOR RECOVERY OF 17.8 PROPERTY; RENTER'S RIGHT TO POSSESSION.] 17.9 Subdivision 1. [ACTION TO RECOVER.] (a) When a renter is 17.10 in arrears in payment of rent, a landlord may bring an action to 17.11 recover possession of the property and such an action is 17.12 equivalent to a demand for the rent and a reentry upon the 17.13 property. Unless an action is pending under section 20, 17.14 subdivision 3, for recovery of the property alleging a material 17.15 violation of the lease, the renter may, at any time before 17.16 possession has been delivered, redeem the tenancy and be 17.17 restored to possession by paying to the landlord the amount of 17.18 the rent, with interest, that is in arrears, costs of the 17.19 action, and an attorney fee not to exceed $5, and by performing 17.20 any other covenants of the lease. 17.21 (b) If the renter has paid to the landlord or brought into 17.22 court the amount of rent in arrears but is unable to pay the 17.23 interest, costs of the action, and attorney fees required by 17.24 paragraph (a), the court may permit the renter to pay these 17.25 amounts into court and be restored to possession within the same 17.26 period of time, if any, for which the court stays the issuance 17.27 of the order to vacate under section 42. 17.28 (c) Prior to or after commencement of an action to recover 17.29 possession for nonpayment of rent, the parties may agree only in 17.30 writing that partial payment of rent in arrears which is 17.31 accepted by the landlord prior to issuance of the order granting 17.32 restitution of the premises pursuant to section 42 may be 17.33 applied to the balance due and does not waive the landlord's 17.34 action to recover possession of the premises for nonpayment of 17.35 rent. 17.36 (d) Rental payments under this subdivision must first be 18.1 applied to rent claimed due in the complaint from prior rental 18.2 periods before applying any payment toward rent claimed due in 18.3 the complaint for the current rental period, unless the court 18.4 finds that under the circumstances the claim for rent from prior 18.5 rental periods has been waived. [504.02, subd. 1] 18.6 Subd. 2. [LEASE GREATER THAN 20 YEARS.] (a) If the lease 18.7 under which an action is brought under subdivision 1 is for a 18.8 term of more than 20 years, the action may not begin until the 18.9 landlord serves a written notice on the renter and on all 18.10 creditors with legal or equitable recorded liens on the property. 18.11 The notice must state: 18.12 (1) the lease will be canceled unless the amounts, 18.13 agreements, and legal obligations in default are paid or 18.14 performed within 30 days, or a longer specified period; and 18.15 (2) if the amounts, agreements, and legal obligations are 18.16 not paid or performed within that period, then the landlord may 18.17 evict the renter at the expiration of the period. 18.18 (b) If the lease provides that the landlord must give more 18.19 than the 30 days' notice provided in paragraph (a), then notice 18.20 must be the same as that provided in the lease. 18.21 (c) The renter may be restored to possession of the 18.22 property under the terms of the original lease if, before the 18.23 expiration of six months after the landlord obtains possession 18.24 due to the renter's abandonment or surrender of the property or 18.25 the landlord prevails in the action, the renter or a creditor 18.26 holding a legal or equitable lien on the property: 18.27 (1) pays to the landlord or brings into court the amount of 18.28 rent then in arrears, with interest and the costs of the action; 18.29 and 18.30 (2) performs the other agreements or legal obligations that 18.31 are in default. [504.02, subd. 2] 18.32 Sec. 20. [504A.205] [TERMINATION OF TENANCY OR OCCUPANCY.] 18.33 Subdivision 1. [SALE OF PROPERTY.] (a) A landlord or 18.34 person entitled to possession may evict an occupant if the 18.35 occupant refuses to leave the property after: 18.36 (1) an execution or judgment sale; 19.1 (2) foreclosure of a mortgage and expiration of the time 19.2 for redemption; or 19.3 (3) termination of a contract to convey the mortgage. 19.4 (b) If the occupant in paragraph (a), clause (2) or (3), is 19.5 a renter, the landlord or person entitled to possession must 19.6 give the renter at least one month's written notice to vacate: 19.7 (1) no sooner than one month after the expiration of the 19.8 time described in paragraph (a), clause (2) or (3), provided 19.9 that the renter pays the rent and abides by all terms of the 19.10 lease; or 19.11 (2) no later than the date of the expiration of the time 19.12 described in paragraph (a), clause (2) or (3), provided that the 19.13 notice states that the landlord or person entitled to possession 19.14 will hold the renter harmless for breaching the lease by 19.15 vacating the property if the mortgage is redeemed or the 19.16 contract is reinstated. [566.03, subd. 1] 19.17 Subd. 2. [HOLDING OVER.] A landlord or person entitled to 19.18 possession may evict an occupant: 19.19 (1) if the occupant refuses to leave the property on 19.20 expiration of a lease or other agreement; 19.21 (2) if the occupant violates a condition of the lease or 19.22 other agreement; or 19.23 (3) after rent is due under the terms of a lease or 19.24 agreement. [566.03, subd. 1.] 19.25 Subd. 3. [COMBINING ALLEGATIONS.] (a) An action for 19.26 eviction may combine the allegation of nonpayment of rent and 19.27 the allegation of material violation of the lease, which must be 19.28 heard as alternative grounds. 19.29 (b) In cases where rent is outstanding, a renter is not 19.30 required to pay into court the amount of rent in arrears, 19.31 interest, and costs as required under section 19 to defend 19.32 against an allegation by the landlord that the renter has 19.33 committed a material violation of the lease. 19.34 (c) If the landlord does not prevail in proving material 19.35 violation of the lease, and the landlord has also alleged that 19.36 rent is due, the renter shall be permitted to present defenses 20.1 to the court that the rent is not owing. The renter shall be 20.2 given up to seven days of additional time to pay any rent 20.3 determined by the court to be due. The court may order the 20.4 renter to pay rent and any costs determined to be due directly 20.5 to the landlord or to be deposited with the court. [566.03, 20.6 subd. 5] 20.7 Subd. 4. [NO EVICTION IF RENTER HOLDS OVER FOR THREE 20.8 YEARS.] Other than an action in ejectment, a landlord may not 20.9 bring an action to evict a renter in quiet possession more than 20.10 three years after termination of a lease. [566.04] 20.11 Subd. 5. [DISTRESS FOR RENT.] The remedy of distress for 20.12 rent is abolished. [504.01] 20.13 Sec. 21. [504A.211] [DEFENSES.] 20.14 Subdivision 1. [NOTICE TO QUIT.] (a) It is a defense to an 20.15 action brought under section 20, subdivision 1 or 2, after the 20.16 landlord has given notice to quit, for a renter to prove by a 20.17 preponderance of the evidence that the termination by the 20.18 landlord was intended in whole or in part as a penalty for: 20.19 (1) the renter's good faith attempt to secure or enforce 20.20 rights under an oral or written lease or contract, under the 20.21 laws of the state or any of its governmental subdivisions, or 20.22 under the laws of the United States; or 20.23 (2) the renter's good faith report to a governmental 20.24 authority of the landlord's violation of a health, safety, 20.25 housing or building code or ordinance. 20.26 (b) If the notice to quit was served within 90 days of the 20.27 date of an act that was performed by the renter under paragraph 20.28 (a), clause (1) or (2), the burden of proving that the notice to 20.29 quit was not served in whole or in part for a retaliatory 20.30 purpose is on the landlord. [566.03, subd. 2] 20.31 Subd. 2. [NONPAYMENT OF RENT.] It is a defense to an 20.32 action brought under section 20, subdivision 2, clause (3), for 20.33 the renter to establish by a preponderance of the evidence that 20.34 the landlord increased the renter's rent or decreased the 20.35 services as a penalty in whole or in part for a lawful act of 20.36 the renter as described in subdivision 1, paragraph (a), clause 21.1 (1) or (2), providing that the renter pays to the court or to 21.2 the landlord the amount of rent due and payable under the 21.3 renter's original lease. [566.03, subd. 3] 21.4 Sec. 22. [504A.215] [NONLIMITATION OF RIGHTS OF LANDLORD 21.5 TO TERMINATE TENANCY.] 21.6 Section 21 does not limit the right of a landlord under 21.7 section 20: 21.8 (1) to terminate a tenancy for a violation by the renter of 21.9 a lawful, material provision of an oral or written lease or 21.10 contract; or 21.11 (2) to hold a tenant liable for damage to the property 21.12 caused by the renter or a person acting under the tenant's 21.13 direction or control. [566.03, subd. 4] 21.14 Sec. 23. [504A.221] [RENTER MAY NOT DENY TITLE; 21.15 EXCEPTION.] 21.16 A renter in possession of real property under a lawful 21.17 lease may not deny the landlord's title in an action brought by 21.18 the landlord to evict. This prohibition does not apply to a 21.19 renter who, prior to the lease, possesses the property under a 21.20 claim of title that is adverse or hostile to that of the 21.21 landlord. [504.03] 21.22 Sec. 24. [504A.225] [TERMINATING TENANCY AT WILL.] 21.23 A tenancy at will may be terminated by either the landlord 21.24 or renter giving notice in writing. The time of the notice must 21.25 be at least as long as the interval between the time rent is due 21.26 or three months, whichever is less. If a renter does not pay 21.27 rent due on a tenancy at will, 14 days' notice in writing to 21.28 quit, given by the landlord to the renter, is sufficient to 21.29 terminate the tenancy. [504.06] 21.30 Sec. 25. [504A.231] [RENTER MUST GIVE COLD WEATHER NOTICE 21.31 BEFORE VACATION OF BUILDING; MISDEMEANOR.] 21.32 A renter who, between November 15 and April 15, vacates 21.33 property that contains plumbing, water, steam, or other pipes 21.34 liable to injury from freezing must give at least three days' 21.35 notice to the landlord. Failure to do so is a misdemeanor. 21.36 This penalty does not apply to a lease that expires under its 22.1 own terms. [504.08] 22.2 Sec. 26. [504A.235] [DOCUMENTS TO BE RECORDED.] 22.3 Subdivision 1. [NOTICE OF CANCELLATION OR TERMINATION OF 22.4 LEASE.] The county recorder of the county where a lease is 22.5 recorded must, upon presentation, record a notice of 22.6 cancellation or termination of the lease, or a copy of the 22.7 notice, with proof of service, and the affidavit of the landlord 22.8 or the landlord's agent or attorney, showing that the renter has 22.9 not complied with the terms of the notice. This record is prima 22.10 facie evidence of the facts stated in it. [504.09] 22.11 Subd. 2. [EVICTION; RECOVERY OF POSSESSION.] (a) The 22.12 following documents must be recorded in the office of the county 22.13 recorder of the county where property is located if it is 22.14 unregistered, or in the office of the registrar of titles of the 22.15 county if it is registered: 22.16 (1) on eviction of a renter by a landlord, a certified copy 22.17 of the judgment; or 22.18 (2) on recovery of possession by a landlord by abandonment 22.19 or surrender by the renter, an affidavit by the landlord or the 22.20 landlord's attorney attesting to that fact. 22.21 (b) A recorded certified copy of the judgment or the 22.22 affidavit is prima facie evidence of the recovery of possession 22.23 by the landlord. [504.02, subd. 3] 22.24 Sec. 27. [504A.241] [SECURITY DEPOSITS; DAMAGES.] 22.25 Subdivision 1. [APPLICABILITY.] A deposit that is intended 22.26 to secure the performance of a residential lease or any part of 22.27 such a lease is governed by this section. This section does not 22.28 apply to a deposit that is exclusively an advance payment of 22.29 rent. [504.20, subd. 1] 22.30 Subd. 2. [INTEREST.] (a) A security deposit must be held 22.31 by a landlord for a residential tenant and must bear simple 22.32 noncompounded interest at the rate of three percent per year 22.33 until May 1, 1999, and four percent per year thereafter. 22.34 Interest must be computed from the first day of the next month 22.35 following the full payment of the deposit to whichever of the 22.36 following dates is earlier: 23.1 (1) the last day of the month in which the landlord, in 23.2 good faith, complies with subdivision 3; or 23.3 (2) the date on which judgment is entered in a civil action 23.4 involving the landlord's liability for the deposit. 23.5 (b) An interest amount less than $1 is not included in the 23.6 computation. 23.7 (c) A security deposit is not considered a trust fund as 23.8 defined in section 82.17, subdivision 7. 23.9 (d) The reversion of the interest rate to four percent in 23.10 paragraph (a) is subject to review by the legislature in the 23.11 1998 session. [504.20, subd. 2; Laws 1996, ch. 357, sec. 2] 23.12 Subd. 3. [RETURN OF SECURITY DEPOSIT.] (a) A landlord 23.13 shall return the security deposit to the residential tenant, 23.14 with interest as provided in subdivision 2, or furnish to the 23.15 residential tenant a written statement showing the specific 23.16 reason for withholding the deposit or a portion of it within the 23.17 following periods: 23.18 (1) three weeks after termination of the tenancy and 23.19 receipt of the tenant's mailing address or delivery 23.20 instructions; or 23.21 (2) five days after the date when the residential tenant 23.22 leaves the building and receipt of the tenant's mailing address 23.23 or delivery instructions if the tenant leaves due to the legal 23.24 condemnation of the building in which the tenant lives for 23.25 reasons not due to willful, malicious, or irresponsible conduct 23.26 of the residential tenant. 23.27 (b) The landlord is considered to have complied with the 23.28 time requirement of paragraph (a) if the deposit or written 23.29 statement is placed in the United States mail as first class 23.30 mail, postage prepaid, in an envelope with a proper return 23.31 address, correctly addressed according to the mailing address or 23.32 delivery instructions furnished by the residential tenant, 23.33 within the time required by paragraph (a). The landlord may 23.34 withhold from the deposit only amounts reasonably necessary: 23.35 (1) to remedy residential tenant defaults in the payment of 23.36 rent or of other funds due to the landlord pursuant to an 24.1 agreement; or 24.2 (2) to restore the property to its condition at the 24.3 commencement of the tenancy, ordinary wear and tear excepted. 24.4 (c) In an action concerning the deposit, the burden of 24.5 proving, by a fair preponderance of the evidence, the reason for 24.6 withholding all or any portion of the deposit is on the 24.7 landlord. [504.20, subd. 3] 24.8 Subd. 4. [TERMINATION OF LANDLORD'S INTEREST.] (a) Upon 24.9 termination of the landlord's interest in residential property, 24.10 the landlord or the landlord's agent must take one of the 24.11 actions described in paragraph (b) either within 60 days of 24.12 termination of the interest or when the successor in interest is 24.13 required to return or otherwise account for the deposit to the 24.14 residential tenant, whichever occurs first. Either action 24.15 relieves the landlord or successor in interest from further 24.16 liability with respect to the deposit. Termination of the 24.17 landlord's interest in the property may occur by sale, 24.18 assignment, death, appointment of receiver, or otherwise. 24.19 (b) The landlord must: 24.20 (1) transfer the deposit, or any remainder after lawful 24.21 deductions made under subdivision 3, plus interest as provided 24.22 in subdivision 2, to the landlord's successor in interest and 24.23 notify the residential tenant of the transfer and of the name 24.24 and address of the successor in interest; or 24.25 (2) return the deposit, or any remainder after lawful 24.26 deductions made under subdivision 3, plus interest as provided 24.27 in subdivision 2, to the residential tenant. 24.28 (c) Upon termination of the landlord's interest in the 24.29 property, the landlord's successor in interest has all of the 24.30 rights and obligations of the landlord with respect to the 24.31 deposit except that if the residential tenant does not object to 24.32 the stated amount within 20 days after written notice of the 24.33 amount of deposit being transferred or assumed, the obligation 24.34 of the landlord's successor to return the deposit is limited to 24.35 the amount contained in the notice. The notice must contain a 24.36 stamped envelope addressed to the landlord's successor and may 25.1 be given by mail or by personal service. [504.20, subds. 5 and 25.2 6] 25.3 Subd. 5. [DAMAGES; PENALTY.] (a) A landlord who fails to 25.4 comply with subdivision 3 or 4, paragraph (a) or (b), is liable 25.5 to the residential tenant for damages that are double the amount 25.6 of the deposit withheld by the landlord plus interest as 25.7 provided in subdivision 2. 25.8 (b) A landlord who in bad faith retains any portion of a 25.9 deposit or interest in violation of this section is liable for 25.10 punitive damages not to exceed $200 for each deposit in addition 25.11 to the damages provided in paragraph (a). If the landlord has 25.12 failed to comply with subdivision 3 or 4, retention of a deposit 25.13 is presumed to be in bad faith unless the landlord returns the 25.14 deposit within two weeks after the beginning of an action for 25.15 recovery of the deposit. [504.20, subds. 4 and 7] 25.16 Subd. 6. [WITHHOLDING RENT TO RECOVER DEPOSIT.] (a) A 25.17 residential tenant may not withhold payment of all or any 25.18 portion of rent for the last payment period of a residential 25.19 lease on the grounds that the deposit should serve as payment 25.20 for the rent. This prohibition does not apply to an oral or 25.21 written month-to-month lease where neither the renter nor the 25.22 landlord has served a notice to quit. 25.23 (b) Withholding rent as described in paragraph (a) creates 25.24 a rebuttable presumption that the residential tenant withheld 25.25 the last payment on the grounds that the deposit should serve as 25.26 payment for the rent. 25.27 (c) A residential tenant who remains in violation of this 25.28 subdivision after written demand and notice of this subdivision 25.29 is liable to the landlord for damages in an amount equal to: 25.30 (1) the portion of the deposit that the landlord is 25.31 entitled to withhold under subdivision 3, other than to remedy 25.32 the residential tenant's default in the payment of rent under 25.33 subdivision 3, paragraph (b), clause (1), plus interest on the 25.34 deposit as provided in subdivision 2, as a penalty; and 25.35 (2) the amount of rent withheld by the residential tenant 25.36 in violation of this subdivision. [504.20, subd. 7a] 26.1 Subd. 7. [WHERE TO BRING ACTION TO RECOVER DEPOSIT.] An 26.2 action, including an action in conciliation court, for the 26.3 recovery of a deposit on rental property may be brought in the 26.4 county where the rental property is located, or at the option of 26.5 the residential tenant, in the county of the landlord's 26.6 residence. [504.20, subd. 7b] 26.7 Subd. 8. [WAIVER NOT ALLOWED.] Any attempted waiver of 26.8 this section by a landlord and residential tenant, by contract 26.9 or otherwise, is void and unenforceable. [504.20, subd. 8] 26.10 Subd. 9. [APPLICABILITY.] (a) This section applies only to 26.11 tenancies beginning or renewed on or after July 1, 1973. 26.12 (b) For the purposes of this section, tenancies at will are 26.13 considered to be renewed at the beginning of each rental 26.14 period. [504.20, subd. 9] 26.15 Sec. 28. [504A.245] [ABANDONMENT OF PERSONAL PROPERTY BY 26.16 RESIDENTIAL TENANT.] 26.17 Subdivision 1. [DUTY OF LANDLORD.] (a) If a residential 26.18 tenant abandons real property, the landlord may take possession 26.19 of the tenant's personal property remaining on the property and 26.20 shall store and care for the property. The landlord has a claim 26.21 against the tenant for reasonable costs and expenses incurred in 26.22 removing, storing, and caring for the property. 26.23 (b) The landlord may sell or otherwise dispose of the 26.24 property 60 days after receiving actual notice of the 26.25 abandonment of the real property or 60 days after it reasonably 26.26 appears to the landlord that the residential tenant has 26.27 abandoned the real property, whichever occurs last. The 26.28 landlord may apply a reasonable amount of the proceeds of the 26.29 sale to the removal, care, and storage costs and expenses or to 26.30 any claims authorized pursuant to section 27, subdivision 3, 26.31 paragraphs (a) and (b). Any remaining proceeds of the sale must 26.32 be paid to the tenant upon written demand. 26.33 (c) The landlord shall make reasonable efforts to notify 26.34 the residential tenant of the sale at least 14 days prior to the 26.35 sale by: 26.36 (1) personal service in writing or by sending written 27.1 notification of the sale by certified mail, return receipt 27.2 requested, to the residential tenant's last known address or 27.3 usual place of abode, if known by the landlord; and 27.4 (2) posting notice of the sale in a conspicuous place on 27.5 the property for at least two weeks. [504.24, subd. 1] 27.6 Subd. 2. [LANDLORD'S LIABILITY FOR DAMAGES ON FAILURE TO 27.7 RETURN PROPERTY.] (a) The landlord, an agent, or other person 27.8 acting under the landlord's direction or control, who is in 27.9 possession of a residential tenant's personal property, must 27.10 allow the residential tenant to retake possession of the 27.11 property after written demand by the residential tenant or 27.12 authorized representative: 27.13 (1) within 24 hours; or 27.14 (2) within 48 hours, exclusive of weekends and holidays, if 27.15 the landlord, an agent, or other person acting under the 27.16 landlord's direction or control has removed and stored the 27.17 personal property in accordance with subdivision 1 in a location 27.18 other than the rental property. 27.19 (b) Except as specified in paragraph (c), if the landlord 27.20 fails to comply with paragraph (a), the residential tenant shall 27.21 recover punitive damages from the landlord not to exceed $300 in 27.22 addition to actual damages and reasonable attorney fees. In 27.23 determining the amount of punitive damages, the court shall 27.24 consider: 27.25 (1) the nature and value of the property; 27.26 (2) the effect the deprivation of the property has had on 27.27 the residential tenant; 27.28 (3) if the landlord, an agent, or other person acting under 27.29 the landlord's direction or control unlawfully took possession 27.30 of the residential tenant's property; and 27.31 (4) if the landlord, an agent, or other person acting under 27.32 the landlord's direction or control acted in bad faith in 27.33 failing to allow the residential tenant to retake possession of 27.34 the property. 27.35 (c) Paragraph (b) does not apply to landlords who are 27.36 housing authorities created or authorized to be created by 28.1 sections 469.001 to 469.047, their agents, and employees. 28.2 (d) This subdivision does not apply to personal property 28.3 that has been sold or otherwise disposed of by the landlord in 28.4 accordance with subdivision 1. [504.24, subd. 2] 28.5 Subd. 3. [LANDLORD'S LIABILITY FOR STORAGE EXPENSES.] If 28.6 the landlord, an agent, or other person acting under the 28.7 landlord's direction or control has unlawfully taken possession 28.8 of a residential tenant's personal property, the landlord is 28.9 responsible for paying the costs and expenses relating to the 28.10 removal, storage, or care of the property. [504.24, subd. 3] 28.11 Sec. 29. [504A.251] [UNLAWFUL REMOVAL OR EXCLUSION.] 28.12 (a) A landlord, an agent, or other person acting under the 28.13 landlord's direction or control is guilty of a misdemeanor if 28.14 that person: 28.15 (1) unlawfully and intentionally removes or excludes a 28.16 residential tenant; or 28.17 (2) intentionally interrupts or causes the interruption of 28.18 electrical, heat, gas, or water services to a residential tenant 28.19 with intent to unlawfully remove or exclude the tenant from the 28.20 tenant's property. 28.21 (b) In a trial under this subdivision, it is presumed that 28.22 the intent requirement of paragraph (a), clause (2), has been 28.23 met if evidence establishes that the landlord, an agent, or 28.24 other person acting under the landlord's direction or control, 28.25 intentionally interrupted or caused the interruption of the 28.26 service to the residential tenant. The burden is on the 28.27 landlord to rebut the presumption. 28.28 (c) If a landlord, agent, or other person acting under the 28.29 landlord's direction or control, unlawfully and in bad faith, 28.30 removes, excludes, or forcibly keeps out a residential tenant 28.31 from residential premises, the tenant may recover from the 28.32 landlord treble damages or $500, whichever is greater, and 28.33 reasonable attorney's fees. [504.25; 504.255] 28.34 Sec. 30. [504A.253] [UNLAWFUL INTERRUPTION OR TERMINATION 28.35 OF UTILITIES.] 28.36 (a) A residential tenant may recover from a landlord treble 29.1 damages or $500, whichever is greater, and reasonable attorney 29.2 fees, if the landlord, an agent, or other person acting under 29.3 the landlord's direction or control interrupts or causes the 29.4 interruption of electricity, heat, gas, or water services to the 29.5 residential tenant. 29.6 (b) It is a defense to an action brought under paragraph 29.7 (a) that the interruption was the result of the deliberate or 29.8 negligent act or omission of a residential tenant or other 29.9 person acting under the direction or control of the residential 29.10 tenant. 29.11 (c) A residential tenant may recover only actual damages 29.12 under paragraph (a) if: 29.13 (1) the residential tenant has not given the landlord, an 29.14 agent, or other person acting under the landlord's direction or 29.15 control, notice of the interruption; 29.16 (2) after receiving notice of the interruption from the 29.17 tenant, the landlord, an agent, or other person acting under the 29.18 landlord's direction or control, has reinstated or made a good 29.19 faith effort to reinstate the service, or has taken other 29.20 remedial action within a reasonable period of time after the 29.21 interruption, taking into account: 29.22 (i) the nature of the service interrupted; and 29.23 (ii) the effect of the interrupted service on the health, 29.24 welfare, and safety of the tenants; or 29.25 (3) the interruption was for the purpose of repairing or 29.26 correcting faulty or defective equipment or protecting the 29.27 health and safety of the residential tenants and the landlord, 29.28 an agent, or other person acting under the landlord's direction 29.29 or control, has reinstated or made a good faith effort to 29.30 reinstate the service, or has taken other remedial action, 29.31 taking into account: 29.32 (i) the nature of the defect; 29.33 (ii) the nature of the service interrupted; and 29.34 (iii) the effect of the interrupted service on the health, 29.35 welfare, and safety of the tenants. [504.255; 504.26] 29.36 Sec. 31. [504A.255] [RESTRICTION ON EVICTION DUE TO 30.1 FAMILIAL STATUS.] 30.2 (a) A residential tenant may not be evicted or denied 30.3 continuing tenancy or lease renewal on the basis of familial 30.4 status as defined in section 363.01, subdivision 19, if the 30.5 status began during the tenancy unless: 30.6 (1) one year has elapsed from the beginning of the familial 30.7 status; and 30.8 (2) the landlord has given the tenant six months' prior 30.9 notice in writing. 30.10 (b) Paragraph (a) does not apply in the case of nonpayment 30.11 of rent, damage to the property, disturbance of other tenants, 30.12 or other breach of a lease. [504.265, subds. 1 and 2] 30.13 Sec. 32. [504A.261] [REMEDIES ARE ADDITIONAL.] 30.14 The remedies in sections 28 to 31 are in addition to and do 30.15 not limit other rights or remedies available to landlords and 30.16 residential tenants. An oral or written provision of a lease or 30.17 other agreement, in which a provision of sections 28 to 31 is 30.18 waived by a residential tenant, is contrary to public policy and 30.19 void. Sections 28 to 31 also apply to occupants and owners of 30.20 residential real property that is the subject of a mortgage 30.21 foreclosure or contract for deed cancellation and for which the 30.22 period for redemption or reinstatement of the contract has 30.23 expired. [504.27] 30.24 Sec. 33. [504A.265] [TERMINATION OF LEASE UPON DEATH OF 30.25 RESIDENTIAL TENANT.] 30.26 Subdivision 1. [TERMINATION OF LEASE.] (a) A party to a 30.27 lease of residential property other than a tenancy at will, may 30.28 terminate the lease prior to its expiration date on the death of 30.29 the residential tenant or, if there is more than one tenant, 30.30 upon the death of all tenants. 30.31 (b) At least two months' written notice must be given by 30.32 the landlord or the personal representative of the residential 30.33 tenant's estate, effective on the last day of a calendar month, 30.34 and hand delivered or mailed by postage prepaid, first class 30.35 United States mail, to the address of the other party. The 30.36 landlord may comply with the notice requirement by delivering or 31.1 mailing the notice to the property formerly occupied by the 31.2 residential tenant. 31.3 (c) The termination of a lease under this subdivision does 31.4 not relieve the residential tenant's estate from liability for 31.5 payment of rent or other money owed before or during the notice 31.6 period, or for the payment of money necessary to restore the 31.7 property to its condition at the beginning of the tenancy, 31.8 ordinary wear and tear excepted. [504.28, subds. 1 and 2] 31.9 Subd. 2. [WAIVER NOT ALLOWED.] (a) The following 31.10 modifications of subdivision 1 are void and unenforceable: 31.11 (1) a waiver by a landlord and residential tenant or 31.12 tenant's personal representative, by contract or otherwise, of 31.13 the right of termination; and 31.14 (2) a lease provision or agreement requiring a longer 31.15 notice period. 31.16 (b) The landlord and residential tenant or tenant's 31.17 personal representative may agree to modify specific provisions 31.18 of subdivision 1 other than those prohibited in paragraph (a). 31.19 [504.28, subd. 3] 31.20 Subd. 3. [APPLICABILITY.] This section applies to leases 31.21 entered into or renewed after May 12, 1981. [504.28, subd. 4] 31.22 Sec. 34. [504A.271] [TERMINATION NOTICE FOR FEDERALLY 31.23 SUBSIDIZED HOUSING.] 31.24 A landlord of federally subsidized rental housing must give 31.25 residential tenants a one-year written notice under the 31.26 following conditions: 31.27 (1) a federal section 8 contract will expire; 31.28 (2) the landlord will exercise the option to terminate or 31.29 not renew a federal section 8 contract and mortgage; 31.30 (3) the landlord will prepay a mortgage and the prepayment 31.31 will result in the termination of any federal use restrictions 31.32 that apply to the housing; or 31.33 (4) the landlord will terminate a housing subsidy program. 31.34 The notice must be provided at the beginning of the lease 31.35 if it begins less than one year before any of the conditions in 31.36 clauses (1) to (4) apply. [504.32] 32.1 Sec. 35. [504A.275] [UNLAWFUL OCCUPATION OR POSSESSION.] 32.2 No person may occupy or take possession of real property 32.3 except where occupancy or possession is allowed by law, and in 32.4 such cases, the person may not enter by force, but only in a 32.5 peaceable manner. [566.01] 32.6 EVICTION PROCEEDINGS 32.7 Sec. 36. [504A.290] [WHEN PERMITTED.] 32.8 A person may be evicted, removed, or excluded from real 32.9 property as described in sections 20, 35, 76, or 77 or when a 32.10 person unlawfully occupies or takes possession of real property 32.11 or unlawfully retains possession of real property. [566.02] 32.12 Sec. 37. [504A.301] [SCOPE; COMPLAINT AND SUMMONS.] 32.13 Subdivision 1. [SCOPE.] Sections 37 to 51 govern eviction 32.14 proceedings. 32.15 Subd. 2. [COMPLAINT AND SUMMONS.] (a) To bring an action 32.16 for eviction, a landlord or person entitled to possession must 32.17 file a complaint with the court, stating the full name and date 32.18 of birth of the person against whom the complaint is made, 32.19 unless it is not known, describing the property, stating the 32.20 facts that authorize the action, and asking that the occupant be 32.21 evicted. The lack of the full name and date of birth of the 32.22 occupant does not deprive the court of jurisdiction or make the 32.23 complaint invalid. 32.24 (b) The court shall issue a summons, ordering the occupant 32.25 to appear before the court on a day and at a place stated in the 32.26 summons. 32.27 (c) The appearance must be ordered within seven to 14 days 32.28 from the day of issuing the summons, except as provided by 32.29 paragraph (d). 32.30 (d) In an eviction action brought under section 76 or on 32.31 the basis that the occupant is causing a nuisance or other 32.32 illegal behavior that seriously endangers the safety of other 32.33 residents, their property, or the landlord's property, the 32.34 person filing the complaint shall file an affidavit stating 32.35 specific facts and instances in support of why an expedited 32.36 hearing is required. The complaint and affidavit shall be 33.1 reviewed by a referee or judge and scheduled for an expedited 33.2 hearing only if sufficient supporting facts are stated and they 33.3 meet the requirements of this paragraph. The appearance in an 33.4 expedited hearing shall be not less than five days nor more than 33.5 seven days from the date the summons is issued. The summons, in 33.6 an expedited hearing, shall be served upon the occupant within 33.7 24 hours of issuance unless the court orders otherwise for good 33.8 cause shown. If the court determines that the person seeking an 33.9 expedited hearing did so without sufficient basis under the 33.10 requirements of this paragraph, the court shall impose a civil 33.11 penalty of up to $500 for abuse of the expedited hearing process. 33.12 (e) A copy of the complaint must be attached to the 33.13 summons, which must state that the copy is attached and that the 33.14 original has been filed. [566.05] 33.15 Sec. 38. [504A.305] [EXPEDITED PROCEEDINGS.] 33.16 A landlord may request expedited temporary relief by 33.17 bringing an action under section 609.748 or filing a petition 33.18 for a temporary restraining order, in conjunction with a 33.19 complaint filed under section 37. [566.051] 33.20 Sec. 39. [504A.311] [SUMMONS; HOW SERVED.] 33.21 (a) The summons must be served at least seven days before 33.22 the date of the court appearance specified in section 37, 33.23 subdivision 2, paragraph (b), in the manner provided for service 33.24 of a summons in a civil action in district court. It may be 33.25 served by any person not named a party to the action. 33.26 (b) If the defendant cannot be found in the county, the 33.27 summons may be served at least seven days before the date of the 33.28 court appearance by: 33.29 (1) leaving a copy at the defendant's last usual place of 33.30 abode with a family member or a person of suitable age and 33.31 discretion residing there; or 33.32 (2) if the defendant had no place of abode, by leaving a 33.33 copy at the property described in the complaint with a person of 33.34 suitable age and discretion residing there. 33.35 (c) Failure of the sheriff or constable to serve the 33.36 defendant is prima facie proof that the defendant cannot be 34.1 found in the county. 34.2 (d) Where the defendant cannot be found in the county, 34.3 service of the summons may be made upon the defendant by posting 34.4 the summons in a conspicuous place on the property for not less 34.5 than one week if: 34.6 (1)(i) the property described in the complaint is 34.7 nonresidential and no person actually occupies the property; or 34.8 (ii) the property described in the complaint is residential 34.9 and service has been attempted at least twice on different days, 34.10 with at least one of the attempts having been made between the 34.11 hours of 6:00 and 10:00 p.m.; and 34.12 (2) the plaintiff or the plaintiff's attorney has filed an 34.13 affidavit stating that: 34.14 (i) the defendant cannot be found or that the person filing 34.15 the affidavit or that person's attorney believes that the 34.16 defendant is not in the state; and 34.17 (ii) a copy of the summons has been mailed to the defendant 34.18 at the defendant's last known address if any is known to the 34.19 plaintiff. 34.20 (e) If the defendant or the defendant's attorney does not 34.21 appear in court on the date of the appearance, the trial shall 34.22 proceed. [566.06] 34.23 Sec. 40. [504A.315] [ANSWER; TRIAL.] 34.24 (a) At the court appearance specified in the summons, the 34.25 renter may answer the complaint, and the court shall hear and 34.26 determine the action, unless it adjourns the trial as provided 34.27 in section 41. 34.28 (b) Either party may demand a trial by jury. 34.29 (c) The proceedings in the action are the same as in other 34.30 civil actions, except as provided in sections 37 to 51. 34.31 (d) The court, in scheduling appearances and hearings under 34.32 this section, shall give priority to any unlawful detainer 34.33 brought under section 76, or on the basis that the renter is 34.34 causing a nuisance or seriously endangers the safety of other 34.35 residents, their property, or the landlord's property. [566.07] 34.36 Sec. 41. [504A.321] [ADJOURNMENT.] 35.1 (a) In all actions brought under sections 37 to 51, the 35.2 court, in its discretion, may adjourn the trial for no more than 35.3 six days unless all parties consent to a longer adjournment. 35.4 (b) In all actions brought under sections 37 to 51, other 35.5 than actions on a written lease signed by both parties, the 35.6 court shall adjourn the trial as necessary but for no more than 35.7 three months if the defendant or the defendant's agent or 35.8 attorney: 35.9 (1) swears that the defendant cannot proceed to trial 35.10 because a material witness is not present; 35.11 (2) names the witness; 35.12 (3) swears that the defendant has made due exertion to 35.13 obtain the witness; 35.14 (4) states the belief that if the adjournment is allowed 35.15 the defendant will be able to procure the attendance of the 35.16 witness at the trial or to obtain the witness' deposition; and 35.17 (5) gives a bond that the landlord will be paid all rent 35.18 that accrues during the pendency of the action and all costs and 35.19 damages that accrue due to the adjournment. [566.08] 35.20 Sec. 42. [504A.325] [ORDER TO VACATE; FINE; EXECUTION.] 35.21 Subdivision 1. [GENERAL.] (a) If the court or jury finds 35.22 for the plaintiff, the court shall immediately enter judgment 35.23 and execute an order that the defendant must vacate the property 35.24 and that costs are assessed against the defendant. The court 35.25 shall stay the order to vacate for a reasonable period, but not 35.26 more than seven days, if the defendant shows that immediate 35.27 vacation of the property would be a substantial hardship on the 35.28 defendant or the defendant's family, except that this provision 35.29 does not apply to actions brought: 35.30 (1) under section 77 as required by section 609.5317, 35.31 subdivision 1; 35.32 (2) under section 76; or 35.33 (3) on the basis that the tenant is causing a nuisance or 35.34 seriously endangers the safety of other residents, their 35.35 property, or the landlord's property. 35.36 (b) If the court or jury finds for the defendant, the court 36.1 shall enter judgment for the defendant assessing costs against 36.2 the plaintiff and issue a writ of execution for the costs. 36.3 (c) The court shall give priority in issuing an order to 36.4 vacate the property in an eviction action brought under section 36.5 76 or on the basis that the tenant is causing a nuisance or 36.6 seriously endangers the safety of other residents, their 36.7 property, or the landlord's property. [566.09, subd. 1] 36.8 Subd. 2. [EXPEDITED WRIT.] If the court enters judgment 36.9 for the landlord in an action brought under section 77 as 36.10 required by section 609.5317, subdivision 1, the court may not 36.11 stay issuance of the order to vacate unless the court makes 36.12 written findings specifying extraordinary and exigent 36.13 circumstances. On issuing those findings, the court may stay 36.14 the order for a reasonable period but not more than seven days. 36.15 [566.09, subd. 2] 36.16 Sec. 43. [504A.331] [FAILURE OF JURY TO REACH A VERDICT.] 36.17 If the jury cannot reach upon a verdict, the court may 36.18 discharge the members and issue an order impaneling a new jury. 36.19 [566.10] 36.20 Sec. 44. [504A.335] [ORDER TO VACATE; EFFECT OF APPEAL.] 36.21 (a) If the defendant or the defendant's attorney against 36.22 whom an order to vacate is entered informs the court the 36.23 defendant intends to appeal, the court shall not issue an order 36.24 to vacate for at least 24 hours after judgment. 36.25 (b) Notwithstanding paragraph (a), in an action on a lease 36.26 against a renter who retains possession after the expiration of 36.27 the term of the lease, or a termination by a notice to quit, an 36.28 order to vacate may be issued immediately if the landlord gives 36.29 a bond that the landlord will pay all costs and damages if, on 36.30 appeal, the order to vacate is reversed and a new trial is 36.31 ordered. [566.11] 36.32 Sec. 45. [504A.341] [APPEAL; STAY.] 36.33 (a) Either party may appeal the judgment within ten days as 36.34 provided for civil actions in district court except that if the 36.35 party appealing remains in possession of the property, that 36.36 party must give bond that: 37.1 (1) all costs of the appeal will be paid; 37.2 (2) the order on appeal will be observed; and 37.3 (3) all rent and other damages will be paid to the party 37.4 excluded from possession during the pendency of the appeal. 37.5 (b) After the appeal is taken, all further proceedings in 37.6 the case are stayed, except as provided in section 44, paragraph 37.7 (b). In that case, the appellate court shall issue orders 37.8 necessary to carry out its judgment. [566.12] 37.9 Sec. 46. [504A.345] [APPEAL AFTER ORDER TO VACATE; STAY.] 37.10 (a) If an order to vacate has been issued before an appeal 37.11 is made, the court shall give the appellant a certificate to 37.12 that effect. When the officer who has the order to vacate is 37.13 served with the certificate, the officer shall cease all further 37.14 proceedings under it. If the order has not been completely 37.15 executed, the renter shall remain in possession of the property 37.16 until the appeal is decided. 37.17 (b) This section does not apply to a renter who retains 37.18 possession as described in section 44, paragraph (b). [566.13] 37.19 Sec. 47. [504A.351] [DISMISSAL OF APPEALS; AMENDMENTS; 37.20 RETURN.] 37.21 In all cases of appeal, the appellate court shall not 37.22 dismiss proceedings solely because the requirements of sections 37.23 37 to 51 have not been met, as long as the proceedings have been 37.24 conducted substantially in accordance with sections 37 to 51. 37.25 Amendments may be allowed at any time the court finds justified, 37.26 as in other civil cases in district court. The appellate court 37.27 may compel the trial court, by attachment, to make or amend any 37.28 return which is withheld or improperly or insufficiently made. 37.29 [566.14] 37.30 FORMS; EVICTION PROCEEDINGS 37.31 Sec. 48. [504A.401] [FORM OF VERDICT.] 37.32 The verdict of the jury or the finding of the court in 37.33 favor of the plaintiff in an action under sections 37 to 51 must 37.34 be substantially in the following form: 37.35 At a court held at ....., on the ..... day of ....., 37.36 19....., before ....., a judge in and for the county of ..... in 38.1 an action between ....., plaintiff, and ....., defendant, the 38.2 jury (or, if the action is tried without a jury, the court) 38.3 finds that the facts alleged in the complaint are true, and the 38.4 defendant shall vacate the property immediately. 38.5 ..................... 38.6 Judge of .............court. 38.7 If the verdict or finding is for the defendant, it is 38.8 sufficient to find that the facts alleged in the complaint are 38.9 not true. [566.15] 38.10 Sec. 49. [504A.405] [FORMS OF SUMMONS AND ORDER.] 38.11 The summons and order to vacate may be substantially in the 38.12 following forms: 38.13 FORM OF SUMMONS 38.14 38.15 State of Minnesota) 38.16 ) ss. 38.17 County of ........) 38.18 Whereas, ....., of ....., has filed with the undersigned, a 38.19 judge of county stated, a complaint against ....., of ....., 38.20 copy attached: You are hereby summoned to appear before the 38.21 undersigned on the ..... day of ....., 19....., at ..... o'clock 38.22 .....m., at ....., to answer and defend against the complaint 38.23 and to further be dealt with according to law. 38.24 Dated at ....., this ..... day of ....., 19..... 38.25 ............................., 38.26 Judge of ....... court. 38.27 FORM OF ORDER TO VACATE 38.28 38.29 State of Minnesota) 38.30 ) ss. 38.31 County of ........) 38.32 The State of Minnesota, to the Sheriff or Any Constable of 38.33 the County: 38.34 Whereas, ....., the plaintiff, of ....., in an action for 38.35 an order to vacate, at a court held at ....., in the county of 38.36 ..........., on the ..... day of ....., 19....., before ....., a 39.1 judge of the county, recovered a judgment against ....., the 39.2 defendant, of ....., to have the following property vacated 39.3 (describe here the property as in the complaint): 39.4 Therefore, you are commanded that, taking with you the 39.5 force of the county, if necessary, you cause the defendant to be 39.6 immediately removed from the property, and the plaintiff to 39.7 recover the property. You are also commanded that from the 39.8 personal property of the defendant within the county that you 39.9 seize and sell, the plaintiff be paid ... dollars, as the costs 39.10 assessed against the defendant, together with 25 cents for this 39.11 order. You are ordered to return with this order within 30 days. 39.12 Dated at ....., this ..... day of ....., 19..... 39.13 ............................., 39.14 Judge of ........ court. [566.16, subd. 1] 39.15 Sec. 50. [504A.411] [NOTICE OF PRIORITY ORDER.] 39.16 The court shall identify an order to vacate property that 39.17 is issued pursuant to an eviction action under section 76, or on 39.18 the basis that the tenant is causing a nuisance or seriously 39.19 endangers the safety of other residents, their property, or the 39.20 landlord's property and clearly note on the order to vacate that 39.21 it is a priority order. Notice that it is a priority order must 39.22 be made in a manner that is obvious to an officer who must 39.23 execute the order under section 51. [566.16, subd. 2] 39.24 Sec. 51. [504A.415] [EXECUTION OF THE ORDER TO VACATE.] 39.25 Subdivision 1. [GENERAL.] (a) The officer who holds the 39.26 order to vacate shall execute it by demanding that the renter, 39.27 if found in the county, any adult member of the renter's family 39.28 who is occupying the property, or any other person in charge, to 39.29 leave, taking family and all personal property from the property 39.30 within 24 hours. 39.31 (b) If the renter fails to comply with the demand, then the 39.32 officer shall bring, if necessary, the force of the county and 39.33 any necessary assistance, at the cost of the landlord. The 39.34 officer shall remove the renter, family, and all personal 39.35 property from the property and place the landlord in possession. 39.36 (c) If the renter cannot be found in the county, and there 40.1 is no person in charge of the property, then the officer shall 40.2 enter the property, breaking in if necessary, and remove and 40.3 store the personal property of the renter at a place designated 40.4 by the landlord as provided in subdivision 3. 40.5 (d) The order may also be executed by a licensed police 40.6 officer or community crime prevention licensed police officer. 40.7 [566.17, subd. 1] 40.8 Subd. 2. [PRIORITY; EXECUTION OF PRIORITY ORDER.] An 40.9 officer shall give priority to the execution, under this 40.10 section, of any order to vacate that is based on an eviction 40.11 action under section 76, or on the basis that the renter is 40.12 causing a nuisance or seriously endangers the safety of other 40.13 residents, their property, or the landlord's property. [566.17, 40.14 subd. 1a] 40.15 Subd. 3. [REMOVAL AND STORAGE OF PROPERTY.] (a) If the 40.16 renter's personal property is to be stored in a place other than 40.17 the property, the officer shall remove all personal property of 40.18 the renter at the expense of the landlord. 40.19 (b) The renter must make immediate payment for all expenses 40.20 of removing personal property from the property. If the renter 40.21 fails or refuses to do so, the landlord has a lien on all the 40.22 personal property for the reasonable costs and expenses incurred 40.23 in removing, caring for, storing, and transporting it to a 40.24 suitable storage place. 40.25 (c) The landlord may enforce the lien by detaining the 40.26 personal property until paid. If no payment has been made for 40.27 60 days after the execution of the order to vacate, the landlord 40.28 may hold a public sale as provided in sections 514.18 to 514.22. 40.29 (d) If the renter's personal property is to be stored on 40.30 the property, the officer shall enter the property, breaking in 40.31 if necessary, and the landlord may remove the renter's personal 40.32 property. Section 28 applies to personal property removed under 40.33 this paragraph. The landlord must prepare an inventory and mail 40.34 a copy of the inventory to the renter's last known address or, 40.35 if the renter has provided a different address, to the address 40.36 provided. The inventory must be prepared, signed, and dated in 41.1 the presence of the officer and must include the following: 41.2 (1) a list of the items of personal property and a 41.3 description of its condition; 41.4 (2) the date, the signature of the renter or the renter's 41.5 agent, and the name and telephone number of a person authorized 41.6 to release the personal property; and 41.7 (3) the name and badge number of the officer. 41.8 (e) The officer must retain a copy of the inventory. 41.9 (f) The landlord is responsible for the proper removal, 41.10 storage, and care of the renter's personal property and is 41.11 liable for damages for loss of or injury to it caused by the 41.12 landlord's failure to exercise the same care that a reasonably 41.13 careful person would exercise under similar circumstances. 41.14 (g) The landlord shall notify the renter of the date and 41.15 approximate time the officer is scheduled to remove the renter, 41.16 family, and personal property from the property. The notice 41.17 must be sent by first-class mail. In addition, the landlord 41.18 must make a good faith effort to notify the renter by 41.19 telephone. The notice must be mailed as soon as the information 41.20 regarding the date and approximate time the officer is scheduled 41.21 to enforce the order is known to the landlord, except that the 41.22 scheduling of the officer to enforce the order need not be 41.23 delayed because of the notice requirement. The notice must 41.24 inform the renter that the renter and the renter's personal 41.25 property will be removed from the property if the renter has not 41.26 vacated the property by the time specified in the notice. 41.27 [566.17, subd. 2] 41.28 Subd. 4. [SECOND AND FOURTH JUDICIAL DISTRICTS.] In the 41.29 second and fourth judicial districts, the housing calendar 41.30 consolidation project shall retain jurisdiction in matters 41.31 relating to removal of personal property under this section. If 41.32 the landlord refuses to return the property after proper demand 41.33 is made as provided in section 28, the court shall enter an 41.34 order requiring the landlord to return the property to the 41.35 renter and awarding reasonable expenses including attorney fees 41.36 to the renter. [566.17, subd. 2a] 42.1 Subd. 5. [PENALTY; WAIVER NOT ALLOWED.] Unless the 42.2 property has been abandoned, a landlord, an agent, or other 42.3 person acting under the landlord's direction or control who 42.4 enters the property and removes the renter's personal property 42.5 in violation of this section is guilty of an unlawful eviction 42.6 under section 29, paragraph (c), and is subject to penalty under 42.7 section 29, paragraph (a). This section may not be waived or 42.8 modified by lease or other agreement. [566.17, subd. 3] 42.9 Sec. 52. [504A.421] [UNLAWFUL EXCLUSION OR REMOVAL; 42.10 RECOVERY OF POSSESSION.] 42.11 Subdivision 1. [UNLAWFUL EXCLUSION OR REMOVAL.] (a) This 42.12 section applies to actual or constructive removal or exclusion 42.13 of a residential tenant which may include the termination of 42.14 utilities or the removal of doors, windows, or locks. A 42.15 residential tenant to whom this section applies may recover 42.16 possession of the property as described in paragraphs (b) to (e). 42.17 (b) The residential tenant shall present a verified 42.18 petition to the county or municipal court of the county in which 42.19 the property is located that: 42.20 (1) describes the property and the landlord; 42.21 (2) specifically states the facts and grounds that 42.22 demonstrate that the eviction was unlawful, including a 42.23 statement that no judgment and order to vacate has been issued 42.24 under section 42 in favor of the landlord and against the 42.25 residential tenant and executed in accordance with section 51; 42.26 and 42.27 (3) asks for possession. 42.28 (c) If it clearly appears from the specific grounds and 42.29 facts stated in the verified petition or by separate affidavit 42.30 of the residential tenant or the residential tenant's attorney 42.31 or agent that the eviction was unlawful, the court shall 42.32 immediately order that the residential tenant have possession of 42.33 the property. 42.34 (d) The residential tenant shall furnish security, if any, 42.35 that the court finds is appropriate under the circumstances for 42.36 payment of all costs and damages the landlord may sustain if the 43.1 order is subsequently found to have been obtained wrongfully. 43.2 In determining the appropriateness of security, the court shall 43.3 consider the residential tenant's ability to afford monetary 43.4 security. 43.5 (e) The court shall direct the order to the sheriff or any 43.6 constable of the county in which the property is located and the 43.7 sheriff or constable shall execute the order immediately by 43.8 making a demand for possession on the landlord, if found, or the 43.9 landlord's agent or other person in charge of the property. If 43.10 the landlord fails to comply with the demand, the officer shall 43.11 take whatever assistance may be necessary and immediately place 43.12 the residential tenant in possession of the property. If the 43.13 landlord, the landlord's agent, or other person in control of 43.14 the property cannot be found and if there is no person in 43.15 charge, the officer shall immediately enter into and place the 43.16 residential tenant in possession of the property. The officer 43.17 shall also serve the order and verified petition or affidavit 43.18 immediately upon the landlord or agent, in the same manner as a 43.19 summons is required to be served in a civil action in district 43.20 court. [566.175, subd. 1] 43.21 Subd. 2. [MOTION FOR DISSOLUTION OR MODIFICATION OF 43.22 ORDER.] The landlord may, by written motion and notice served by 43.23 mail or personally on the residential tenant or the residential 43.24 tenant's attorney at least two days before the hearing date on 43.25 the motion, obtain dissolution or modification of the order for 43.26 possession issued under subdivision 1, paragraph (c), unless the 43.27 residential tenant proves the facts and grounds on which the 43.28 order is issued. A landlord bringing a motion under this 43.29 subdivision may recover possession of the property only in 43.30 accordance with sections 20 to 22 and 37 to 51 or otherwise 43.31 provided by law. Upon the dissolution of the order, the court 43.32 shall assess costs against the residential tenant, subject to 43.33 the provisions of section 563.01, and may allow damages and 43.34 reasonable attorney fees for the wrongful granting of the order 43.35 for possession. If the order is affirmed, the court shall tax 43.36 costs against the landlord and may allow the residential tenant 44.1 reasonable attorney fees. [566.175, subd. 2] 44.2 Subd. 3. [FINALITY OF ORDER.] An order issued under 44.3 subdivision 1, paragraph (c), or affirmed, modified, or 44.4 dissolved under subdivision 2, is a final order for purposes of 44.5 appeal. Either party may appeal the order may appeal within ten 44.6 days after entry. If the party appealing remains in possession 44.7 of the property, bond must be given to: 44.8 (1) pay all costs of the appeal; 44.9 (2) obey the court's order; and 44.10 (3) pay all rent and other damages that justly accrue to 44.11 the party excluded from possession during the pendency of the 44.12 appeal. [566.175, subd. 3] 44.13 Subd. 4. [WAIVER NOT ALLOWED.] A provision of an oral or 44.14 written lease or other agreement in which a residential tenant 44.15 waives this section is contrary to public policy and void. 44.16 [566.175, subd. 4] 44.17 Subd. 5. [PURPOSE.] The purpose of this section is to 44.18 provide an additional and summary remedy for residential tenants 44.19 unlawfully evicted from rental property and except where 44.20 expressly provided in this section, sections 20 to 22 and 39 to 44.21 51 do not apply to proceedings under this section. [566.175, 44.22 subd. 5] 44.23 Subd. 6. [APPLICATION.] In addition to residential tenants 44.24 and landlords, this section applies to: 44.25 (1) occupants and owners of residential real property that 44.26 is the subject of a mortgage foreclosure or contract for deed 44.27 cancellation for which the period for redemption or 44.28 reinstatement of the contract has expired; and 44.29 (2) mortgagees and contract for deed vendors. [566.175, 44.30 subd. 6] 44.31 RESIDENTIAL TENANT REMEDIES; CODE VIOLATIONS 44.32 Sec. 53. [504A.501] [INSPECTION; NOTICE.] 44.33 Subdivision 1. [WHO MAY REQUEST.] On demand by a 44.34 residential tenant, neighborhood organization with the written 44.35 permission of a residential tenant or, if a residential building 44.36 is unoccupied, by a neighborhood organization, an inspection 45.1 shall be made by the local authority charged with enforcing a 45.2 code claimed to be violated. [566.19, subd. 1] 45.3 Subd. 2. [NOTICE.] (a) After the local authority has 45.4 inspected the residential building under subdivision 1, the 45.5 inspector shall inform the landlord or the landlord's agent and 45.6 the complaining residential tenant or neighborhood organization 45.7 in writing of any code violations discovered. 45.8 (b) A reasonable period of time must be allowed in which to 45.9 correct the violations. [566.19, subd. 2] 45.10 Subd. 3. [WHEN ACTION MAY BE BROUGHT.] (a) After an 45.11 inspection has been made, an action may not be brought under 45.12 sections 53 to 69 until the time granted under subdivision 2, 45.13 paragraph (b), has expired and satisfactory repairs have not 45.14 been made. 45.15 (b) Notwithstanding paragraph (a), an action may be brought 45.16 if the residential tenant, or neighborhood organization with the 45.17 written permission of a tenant, alleges the time in subdivision 45.18 1, paragraph (b), is excessive. [566.19, subd. 3] 45.19 Subd. 4. [LANDLORD MUST BE INFORMED.] A landlord must be 45.20 informed in writing of an alleged violation at least 14 days 45.21 before an action is brought by: 45.22 (1) a residential tenant of a residential building in which 45.23 a violation as defined in section 1, subdivision 13, clause (2) 45.24 or (3), is alleged to exist; or 45.25 (2) a neighborhood organization, with the written 45.26 permission of a residential tenant of a residential building in 45.27 which a violation, as defined in section 1, subdivision 13, 45.28 clause (2), is alleged to exist. 45.29 The notice requirement may be waived if the court finds 45.30 that the landlord cannot be located despite diligent efforts. 45.31 [566.19, subd. 4] 45.32 Sec. 54. [504A.505] [SPECIAL PROCEEDING.] 45.33 Subdivision 1. [WHO MAY BRING ACTION.] An action may be 45.34 brought in district court by: 45.35 (1) a residential tenant of a residential building in which 45.36 a violation, as defined in section 1, subdivision 13, is alleged 46.1 to exist; 46.2 (2) a neighborhood organization with the written permission 46.3 of a residential tenant of a residential building in which a 46.4 violation, as defined in section 1, subdivision 13, clause (1) 46.5 or (2), is alleged to exist; 46.6 (3) by a neighborhood organization that has within its 46.7 geographical area an unoccupied residential building in which a 46.8 violation, as defined in section 1, subdivision 13, clause (1) 46.9 or (2), is alleged to exist; or 46.10 (4) a state, county, or local department or authority, 46.11 charged with the enforcement of codes relating to health, 46.12 housing, or building maintenance. [566.20, subd. 1] 46.13 Subd. 2. [VENUE.] The venue of the action authorized by 46.14 this section is the county where the residential building 46.15 alleged to contain violations is located. [566.20, subd. 2] 46.16 Subd. 3. [SUMMONS AND COMPLAINT REQUIRED.] The action must 46.17 be begun by service of a complaint and summons. The summons may 46.18 be issued only by a judge or court administrator. [566.20, subd. 46.19 3] 46.20 Subd. 4. [CONTENTS OF COMPLAINT.] (a) The complaint must 46.21 be verified and must: 46.22 (1) allege material facts showing that a violation or 46.23 violations exist in the residential building; 46.24 (2) state the relief sought; and 46.25 (3) list the rent due each month from each dwelling unit 46.26 within the residential building, if known. 46.27 (b) If the violation is a violation as defined in section 46.28 1, subdivision 13, clause (1), the complaint must be accompanied 46.29 by: 46.30 (1) a copy of the official report of inspection by a 46.31 department of health, housing, or buildings, certified by the 46.32 custodian of records of that department stating: 46.33 (i) when and by whom the residential building concerned was 46.34 inspected; 46.35 (ii) what code violations were recorded; and 46.36 (iii) that notice of the code violations has been given to 47.1 the landlord; or 47.2 (2) a statement that a request for inspection was made to 47.3 the appropriate state, county, or municipal department, that 47.4 demand was made on the landlord to correct the alleged code 47.5 violation, and that a reasonable period of time has elapsed 47.6 since the demand or request was made. [566.20, subd. 4] 47.7 Sec. 55. [504A.511] [EMERGENCY RELIEF PROCEEDING.] 47.8 Subdivision 1. [PETITION.] A person authorized to bring an 47.9 action under section 54, subdivision 1, may petition the court 47.10 for relief in cases of emergency involving the loss of running 47.11 water, hot water, heat, electricity, sanitary facilities, or 47.12 other essential services or facilities that the landlord is 47.13 responsible for providing. [566.205, subd. 1] 47.14 Subd. 2. [VENUE.] The venue of the action authorized by 47.15 this section is the county where the residential building 47.16 alleged to contain the emergency condition is located. 47.17 [566.205, subd. 2] 47.18 Subd. 3. [PETITION INFORMATION.] The petitioner must 47.19 present a verified petition to the district court that contains: 47.20 (1) a description of the property and the identity of the 47.21 landlord; 47.22 (2) a statement of the facts and grounds that demonstrate 47.23 the existence of an emergency caused by the loss of essential 47.24 services or facilities; and 47.25 (3) a request for relief. [566.205, subd. 3] 47.26 Subd. 4. [NOTICE.] The petitioner must attempt to notify 47.27 the landlord, at least 24 hours before application to the court, 47.28 of the petitioner's intent to seek emergency relief. An order 47.29 may be granted without notice to the landlord if the court finds 47.30 that reasonable efforts, as contained in the petition or by 47.31 separate affidavit, were made to notify the landlord but that 47.32 the efforts were unsuccessful. [566.205, subd. 4] 47.33 Subd. 5. [RELIEF; SERVICE OF ORDER.] The court may order 47.34 relief as provided in section 60. The petitioner shall serve 47.35 the order on the landlord personally or by mail as soon as 47.36 practicable. [566.205, subd. 5] 48.1 Subd. 6. [LIMITATION.] The residential tenant remedy under 48.2 this section does not extend to emergencies that are the result 48.3 of the deliberate or negligent act or omission of a residential 48.4 tenant or anyone acting under the direction or control of the 48.5 residential tenant. [566.205, subd. 6] 48.6 Subd. 7. [EFFECT OF OTHER LAWS.] Section 53 does not apply 48.7 to a petition for emergency relief under this section. 48.8 [566.205, subd. 7] 48.9 Sec. 56. [504A.515] [SUMMONS.] 48.10 Subdivision 1. [CONTENTS.] (a) On receipt of the complaint 48.11 in section 54, the court administrator shall prepare a summons. 48.12 The summons shall: 48.13 (1) specify the time and place of the hearing to be held on 48.14 the complaint; and 48.15 (2) state that if at the time of the hearing a defense is 48.16 not interposed and established by the landlord, judgment may be 48.17 entered for the relief requested and authorized by sections 53 48.18 to 69. 48.19 (b) The hearing must be scheduled within five to ten days 48.20 after receipt of the complaint by the court administrator. 48.21 [566.21, subd. 1] 48.22 Subd. 2. [SERVICE.] The summons and complaint must be 48.23 served upon the landlord or the landlord's agent within five to 48.24 ten days before the hearing. Service shall be by personal 48.25 service upon the defendant pursuant to the Minnesota Rules of 48.26 Civil Procedure. If service cannot be made with due diligence, 48.27 service may be made by affixing a copy of the summons and 48.28 complaint prominently to the residential building involved, and 48.29 mailing at the same time a copy of the summons and complaint by 48.30 certified mail to the last known address of the landlord. 48.31 [566.21, subd. 2] 48.32 Sec. 57. [504A.521] [ANSWER.] 48.33 At or before the time of the hearing, the landlord may 48.34 answer in writing. Defenses that are not contained in a written 48.35 answer must be orally pleaded at the hearing before any 48.36 testimony is taken. No delays in the date of hearing may be 49.1 granted to allow time to prepare a written answer or reply 49.2 except with the consent of all parties. [566.22] 49.3 Sec. 58. [504A.525] [DEFENSES.] 49.4 It is a sufficient defense to a complaint under section 54 49.5 or 70 that: 49.6 (1) the violation or violations alleged in the complaint do 49.7 not exist or that the violation or violations have been removed 49.8 or remedied; 49.9 (2) the violations have been caused by the willful, 49.10 malicious, negligent, or irresponsible conduct of a complaining 49.11 residential tenant or anyone under the tenant's direction or 49.12 control; or 49.13 (3) a residential tenant of the residential building has 49.14 unreasonably refused entry to the landlord or the landlord's 49.15 agent to a portion of the property for the purpose of correcting 49.16 the violation, and that the effort to correct was made in good 49.17 faith. [566.23] 49.18 Sec. 59. [504A.531] [HEARING.] 49.19 If issues of fact are raised, they must be tried by the 49.20 court without a jury. The court may grant a postponement of the 49.21 trial on its own motion or at the request of a party if it 49.22 determines that postponements are necessary to enable a party to 49.23 procure necessary witnesses or evidence. A postponement must be 49.24 for no more than ten days except by consent of all appearing 49.25 parties. [566.24] 49.26 Sec. 60. [504A.535] [JUDGMENT.] 49.27 (a) If the court finds that the complaint in section 54 has 49.28 been proved, it may, in its discretion, take any of the actions 49.29 described in paragraphs (b) to (g), either alone or in 49.30 combination. 49.31 (b) It may order the landlord to remedy the violation or 49.32 violations found by the court to exist if the court is satisfied 49.33 that corrective action will be undertaken promptly. 49.34 (c) It may order the residential tenant to remedy the 49.35 violation or violations found by the court to exist and deduct 49.36 the cost from the rent subject to the terms as the court 50.1 determines to be just. 50.2 (d) It may appoint an administrator with powers described 50.3 in section 64, and direct that: 50.4 (1) the following rents due shall be deposited with the 50.5 administrator appointed by the court: 50.6 (i) rents on and from the day of entry of judgment, in the 50.7 case of petitioning residential tenants or neighborhood 50.8 organizations; and 50.9 (ii) rents on and from the day of service of the judgment 50.10 on all other residential and commercial tenants of the 50.11 residential building, if any; and 50.12 (2) the administrator use the rents collected to remedy the 50.13 violations found to exist by the court by paying the debt 50.14 service, taxes, and insurance, and providing the services 50.15 necessary to the ordinary operation and maintenance of the 50.16 residential building which the landlord is obligated to provide 50.17 but fails or refuses to provide. 50.18 (e) It may find the extent to which any uncorrected 50.19 violations impair the residential tenants' use and enjoyment of 50.20 the property contracted for and order the rent abated 50.21 accordingly. If the court enters judgment under this paragraph, 50.22 the parties shall be informed and the court shall determine the 50.23 amount by which the rent is to be abated. 50.24 (f) It may, after termination of administration, continue 50.25 the jurisdiction of the court over the residential building for 50.26 a period of one year and order the landlord to maintain the 50.27 residential building in compliance with all applicable state, 50.28 county, and city health, safety, housing, building, fire 50.29 prevention, and housing maintenance codes. 50.30 (g) It may grant any other relief it finds just and proper, 50.31 including a judgment against the landlord for reasonable 50.32 attorney fees, not to exceed $500, in the case of a prevailing 50.33 residential tenant or neighborhood organization. The $500 50.34 limitation does not apply to awards made under section 549.211 50.35 or other specific statutory authority. [566.25] 50.36 Sec. 61. [504A.541] [SERVICE OF JUDGMENT.] 51.1 A copy of the judgment must be personally served on every 51.2 residential and commercial tenant of the residential building 51.3 whose obligations will be affected by the judgment. If, with 51.4 due diligence, personal service cannot be made, service may be 51.5 made by posting a notice of the judgment on the entrance door of 51.6 the residential tenant's dwelling or commercial tenant's unit 51.7 and by mailing a copy of the judgment to the residential tenant 51.8 or commercial tenant by certified mail. [566.26] 51.9 Sec. 62. [504A.545] [LANDLORD'S RIGHT TO COLLECT RENT 51.10 SUSPENDED.] 51.11 If an administrator has been appointed pursuant to section 51.12 59, paragraph (d), the landlord is not entitled to collect rent 51.13 from the time of judgment or service of judgment until the 51.14 administration is terminated. [566.27] 51.15 Sec. 63. [504A.551] [RESIDENTIAL TENANT MAY NOT BE 51.16 PENALIZED FOR COMPLAINT.] 51.17 A residential tenant may not be evicted, nor may the 51.18 residential tenant's obligations under a lease be increased or 51.19 the services decreased, if the eviction or increase of 51.20 obligations or decrease of services is intended as a penalty for 51.21 the residential tenant's or neighborhood organization's 51.22 complaint of a violation. The burden of proving otherwise is on 51.23 the landlord if the eviction or increase of obligations or 51.24 decrease of services occurs within 90 days after filing the 51.25 complaint, unless the court finds that the complaint was not 51.26 made in good faith. After 90 days the burden of proof is on the 51.27 residential tenant. [566.28] 51.28 Sec. 64. [504A.555] [ADMINISTRATOR.] 51.29 Subdivision 1. [APPOINTMENT.] The administrator may be a 51.30 person, local government unit or agency, other than a landlord 51.31 of the building, the inspector, the complaining residential 51.32 tenant, or a person living in the complaining residential 51.33 tenant's dwelling unit. If a state or court agency is 51.34 authorized by statute, ordinance, or regulation to provide 51.35 persons or neighborhood organizations to act as administrators 51.36 under this section, the court may appoint them to the extent 52.1 they are available. [566.29, subd. 1] 52.2 Subd. 2. [POSTING BOND.] A person or neighborhood 52.3 organization appointed as administrator shall post bond to the 52.4 extent of the rents expected by the court to be necessary to be 52.5 collected to correct the violation or violations. 52.6 Administrators appointed from governmental agencies need not 52.7 give bond. [566.29, subd. 2] 52.8 Subd. 3. [EXPENSES.] The court may allow a reasonable 52.9 amount for the services of administrators and the expense of the 52.10 administration from rent money. When the administration 52.11 terminates, the court may enter judgment against the landlord in 52.12 a reasonable amount for the services and expenses incurred by 52.13 the administrator. [566.29, subd. 3] 52.14 Subd. 4. [POWERS.] The administrator may: 52.15 (1) collect rents from residential and commercial tenants, 52.16 evict residential and commercial tenants for nonpayment of rent 52.17 or other cause, enter into leases for vacant dwelling units, 52.18 rent vacant commercial units with the consent of the landlord, 52.19 and exercise other powers necessary and appropriate to carry out 52.20 the purposes of sections 53 to 69; 52.21 (2) contract for the reasonable cost of materials, labor, 52.22 and services necessary to remedy the violation or violations 52.23 found by the court to exist and for the rehabilitation of the 52.24 property to maintain safe and habitable conditions over the 52.25 useful life of the property, and may disburse money for these 52.26 purposes from funds available for the purpose; 52.27 (3) provide services to the residential tenants that the 52.28 landlord is obligated to provide but refuses or fails to 52.29 provide, and may pay for them from funds available for the 52.30 purpose; 52.31 (4) petition the court, after notice to the parties, for an 52.32 order allowing the administrator to encumber the property to 52.33 secure funds to the extent necessary to cover the costs 52.34 described in clause (2), including reasonable fees for the 52.35 administrator's services, and to pay for the costs from funds 52.36 derived from the encumbrance; and 53.1 (5) petition the court, after notice to the parties, for an 53.2 order allowing the administrator to receive funds made available 53.3 for this purpose by the federal or state governing body or the 53.4 municipality to the extent necessary to cover the costs 53.5 described in clause (2) and pay for them from funds derived from 53.6 this source. 53.7 The municipality shall recover disbursements under clause 53.8 (5) by special assessment on the real estate affected, bearing 53.9 interest at the rate determined by the municipality, but not to 53.10 exceed the rate established for finance charges for open-end 53.11 credit sales under section 334.16, subdivision 1, clause (b). 53.12 The assessment, interest, and any penalties shall be collected 53.13 as are special assessments made for other purposes under state 53.14 statute or municipal charter. [566.29, subd. 4] 53.15 Subd. 5. [TERMINATION OF ADMINISTRATION.] At any time 53.16 during the administration, the administrator or any party may 53.17 petition the court after notice to all parties for an order 53.18 terminating the administration on the ground that the funds 53.19 available to the administrator are insufficient to effect the 53.20 prompt remedy of the violations. When the court finds that the 53.21 petition is proved, the court shall terminate the administration 53.22 and proceed to judgment under section 60, paragraph (e). 53.23 [566.29, subd. 5] 53.24 Subd. 6. [RESIDENTIAL BUILDING REPAIRS AND SERVICES.] The 53.25 administrator must first contract and pay for residential 53.26 building repairs and services necessary to keep the residential 53.27 building habitable before other expenses may be paid. If 53.28 sufficient funds are not available for paying other expenses, 53.29 such as tax and mortgage payments, after paying for necessary 53.30 repairs and services, the landlord is responsible for the other 53.31 expenses. [566.29, subd. 6] 53.32 Subd. 7. [ADMINISTRATOR'S LIABILITY.] The administrator 53.33 may not be held personally liable in the performance of duties 53.34 under this section except for misfeasance, malfeasance, or 53.35 nonfeasance of office. [566.29, subd. 7] 53.36 Subd. 8. [DWELLING'S ECONOMIC VIABILITY.] In considering 54.1 whether to grant the administrator funds under subdivision 4, 54.2 the court must consider: 54.3 (1) the long-term economic viability of the dwelling; 54.4 (2) the causes leading to the appointment of an 54.5 administrator; 54.6 (3) the repairs necessary to bring the property into code 54.7 compliance; 54.8 (4) the market value of the property; and 54.9 (5) whether present and future rents will be sufficient to 54.10 cover the cost of repairs or rehabilitation. [566.29, subd. 8] 54.11 Sec. 65. [504A.561] [RECEIVERSHIP REVOLVING LOAN FUND.] 54.12 The Minnesota housing finance agency may establish a 54.13 revolving loan fund to pay the administrative expenses of 54.14 receivership administrators under section 64 for properties for 54.15 occupancy by low- and moderate-income persons or families. 54.16 Landlords must repay administrative expense payments made from 54.17 the fund. [566.291] 54.18 Sec. 66. [504A.565] [REMOVAL OF ADMINISTRATOR.] 54.19 Subdivision 1. [PETITION BY ADMINISTRATOR.] The 54.20 administrator may, after notice to all parties, petition the 54.21 court to be relieved of duties, including in the petition the 54.22 reasons for it. The court may, in its discretion, grant the 54.23 petition and discharge the administrator after approval of the 54.24 accounts. [566.30, subd. 1] 54.25 Subd. 2. [PETITION BY A PARTY.] A party may, after notice 54.26 to the administrator and all other parties, petition the court 54.27 to remove the administrator. If the party shows good cause, the 54.28 court shall order the administrator removed and direct the 54.29 administrator to immediately deliver to the court an accounting 54.30 of administration. The court may make any other order necessary 54.31 and appropriate under the circumstances. [566.30, subd. 2] 54.32 Subd. 3. [APPOINTMENT OF NEW ADMINISTRATOR.] If the 54.33 administrator is removed, the court shall appoint a new 54.34 administrator in accordance with section 64, giving all parties 54.35 an opportunity to be heard. [566.30, subd. 3] 54.36 Sec. 67. [504A.571] [TERMINATION OF ADMINISTRATION.] 55.1 Subdivision 1. [EVENTS OF TERMINATION.] The administration 55.2 shall be terminated after one of the following: 55.3 (1) certification is secured from the appropriate 55.4 governmental agency that the violations found by the court to 55.5 exist at the time of judgment have been remedied; or 55.6 (2) an order pursuant to section 64, subdivision 5. 55.7 [566.31, subd. 1] 55.8 Subd. 2. [ACCOUNTING BY ADMINISTRATOR.] After the 55.9 occurrence of one of the conditions in subdivision 1, the 55.10 administrator shall: 55.11 (1) submit to the court an accounting of receipts and 55.12 disbursements of the administration together with copies of all 55.13 bills, receipts and other memoranda pertaining to the 55.14 administrator, and, where appropriate, a certification by an 55.15 appropriate governmental agency that the violations found by the 55.16 court to exist at the time of judgment have been remedied; and 55.17 (2) comply with any other order the court makes as a 55.18 condition of discharge. [566.31, subd. 2] 55.19 Subd. 3. [DISCHARGE OF ADMINISTRATOR.] After approval by 55.20 the court of the administrator's accounts and compliance by the 55.21 administrator with any other order the court may make as a 55.22 condition of discharge, the court shall discharge the 55.23 administrator from any further responsibilities pursuant to 55.24 sections 53 to 69. [566.31, subd. 3] 55.25 Sec. 68. [504A.575] [WAIVER NOT ALLOWED.] 55.26 A provision of a lease or other agreement in which a 55.27 provision of sections 53 to 69 is waived by a residential tenant 55.28 is contrary to public policy and void. [566.32] 55.29 Sec. 69. [504A.581] [PURPOSE TO PROVIDE ADDITIONAL 55.30 REMEDIES.] 55.31 The purpose of sections 53 to 69 is to provide additional 55.32 remedies and nothing contained in those sections alters the 55.33 ultimate financial liability of the landlord or residential 55.34 tenant for repairs or maintenance of the building. [566.33] 55.35 Sec. 70. [504A.585] [ESCROW OF RENT TO REMEDY VIOLATIONS.] 55.36 Subdivision 1. [ESCROW OF RENT.] (a) If a violation exists 56.1 in a residential building, a residential tenant may deposit the 56.2 amount of rent due to the landlord with the court administrator 56.3 using the procedures described in paragraphs (b) to (d). 56.4 (b) For a violation as defined in section 1, subdivision 56.5 13, clause (1), the residential tenant may deposit with the 56.6 court administrator the rent due to the landlord along with a 56.7 copy of the written notice of the code violation as provided in 56.8 section 53, subdivision 2. The residential tenant may not 56.9 deposit the rent or file the written notice of the code 56.10 violation until the time granted to make repairs has expired 56.11 without satisfactory repairs being made, unless the residential 56.12 tenant alleges that the time granted is excessive. 56.13 (c) For a violation as defined in section 1, subdivision 56.14 13, clause (2) or (3), the residential tenant must give written 56.15 notice to the landlord specifying the violation. The notice 56.16 must be delivered personally or sent to the person or place 56.17 where rent is normally paid. If the violation is not corrected 56.18 within 14 days, the residential tenant may deposit the amount of 56.19 rent due to the landlord with the court administrator along with 56.20 an affidavit specifying the violation. The court must provide a 56.21 simplified form affidavit for use under this paragraph. 56.22 (d) The residential tenant need not deposit rent if none is 56.23 due to the landlord at the time the residential tenant files the 56.24 notice required by paragraph (b) or (c). All rent which becomes 56.25 due to the landlord after that time but before the hearing under 56.26 subdivision 6 must be deposited with the court administrator. 56.27 As long as proceedings are pending under this section, the 56.28 residential tenant must pay rent to the landlord or as directed 56.29 by the court and may not withhold rent to remedy a violation. 56.30 [566.34, subds. 1,2] 56.31 Subd. 2. [COUNTERCLAIM FOR POSSESSION.] (a) The landlord 56.32 may file a counterclaim for possession of the property in cases 56.33 where the landlord alleges that the residential tenant did not 56.34 deposit the full amount of rent with the court administrator. 56.35 (b) The court must set the date for a hearing on the 56.36 counterclaim within seven to 14 days from the day of filing the 57.1 counterclaim. If the rent escrow hearing and the hearing on the 57.2 counterclaim for possession cannot be heard on the same day, the 57.3 matters must be consolidated and heard on the date scheduled for 57.4 the hearing on the counterclaim. 57.5 (c) The contents of the counterclaim for possession must 57.6 meet the requirements for a complaint under section 37. 57.7 (d) The landlord must serve the counterclaim as provided in 57.8 section 39, except that the affidavits of service or mailing may 57.9 be brought to the hearing rather than filed with the court 57.10 before the hearing. 57.11 (e) The court must provide a simplified form for use under 57.12 this section. [566.34, subd. 3] 57.13 Subd. 3. [DEFENSES.] The defenses provided in section 58 57.14 are defenses to an action brought under this section. [566.34, 57.15 subd. 4] 57.16 Subd. 4. [FILING FEE.] The court administrator may charge 57.17 a filing fee in the amount set for complaints and counterclaims 57.18 in conciliation court, subject to the filing of an inability to 57.19 pay affidavit. [566.34, subd. 5] 57.20 Subd. 5. [NOTICE OF HEARING.] (a) A hearing must be held 57.21 within ten to 14 days from the day a residential tenant deposits 57.22 rent with the court administrator. 57.23 (b) If the cost of remedying the violation, as estimated by 57.24 the residential tenant, is within the jurisdictional limit for 57.25 conciliation court, the court administrator shall notify the 57.26 landlord and the residential tenant of the time and place of the 57.27 hearing by first class mail. 57.28 (c) The residential tenant must provide the court 57.29 administrator with the landlord's name and address. If the 57.30 landlord has disclosed a post office box as the landlord's 57.31 address under section 12, notice of the hearing may be mailed to 57.32 the post office box. 57.33 (d) If the cost of remedying the violation, as estimated by 57.34 the tenant, is above the jurisdictional limit for conciliation 57.35 court, the tenant must serve the notice of hearing according to 57.36 the Minnesota Rules of Civil Procedure. 58.1 (e) The notice of hearing must specify the amount the 58.2 residential tenant has deposited with the court administrator, 58.3 and must inform the landlord that possession of the property 58.4 will not be in issue at the hearing unless the landlord files a 58.5 counterclaim for possession or an action under sections 20 to 22 58.6 and 37 to 51. [566.34, subd. 6] 58.7 Subd. 6. [HEARING.] The hearing shall be conducted by a 58.8 court without a jury. A certified copy of an inspection report 58.9 meets the requirements of rule 803(8) of the Minnesota Rules of 58.10 Evidence as an exception to the rule against hearsay, and meets 58.11 the requirements of rules 901 and 902 of the Minnesota Rules of 58.12 Evidence as to authentication. [566.34, subd. 7] 58.13 Subd. 7. [RELEASE OF RENT PRIOR TO HEARING.] If the 58.14 residential tenant gives written notice to the court 58.15 administrator that the violation has been remedied, the court 58.16 administrator must release the rent to the landlord and, unless 58.17 the hearing has been consolidated with another action, must 58.18 cancel the hearing. If the residential tenant and the landlord 58.19 enter into a written agreement signed by both parties 58.20 apportioning the rent between them, the court administrator must 58.21 release the rent in accordance with the written agreement and 58.22 cancel the hearing. [566.34, subd. 8] 58.23 Subd. 8. [CONSOLIDATION WITH EVICTION.] Actions under this 58.24 section and actions for eviction brought under sections 20 to 58.25 22, 37 to 51, or section 77 which involve the same parties must 58.26 be consolidated and heard on the date scheduled for the 58.27 eviction. [566.34, subd. 9] 58.28 Subd. 9. [JUDGMENT.] (a) Upon finding that a violation 58.29 exists, the court may, in its discretion, do any or all of the 58.30 following: 58.31 (1) order relief as provided in section 60, including 58.32 retroactive rent abatement; 58.33 (2) order that all or a portion of the rent in escrow be 58.34 released for the purpose of remedying the violation; 58.35 (3) order that rent be deposited with the court as it 58.36 becomes due to the landlord or abate future rent until the 59.1 landlord remedies the violation; or 59.2 (4) impose fines as required in section 71. 59.3 (b) When a proceeding under this section has been 59.4 consolidated with a counterclaim for possession or an action for 59.5 eviction under sections 20 to 22, 37 to 51, or section 77, and 59.6 the landlord prevails, the residential tenant may redeem the 59.7 tenancy as provided in section 19. 59.8 (c) When a proceeding under this section has been 59.9 consolidated with a counterclaim for possession or an action for 59.10 eviction under sections 20 to 22, 37 to 51, or section 77 on the 59.11 grounds of nonpayment, the court may not require the residential 59.12 tenant to pay the landlord's filing fee as a condition of 59.13 retaining possession of the property when the residential tenant 59.14 has deposited with the court the full amount of money found by 59.15 the court to be owed to the landlord. [566.34, subd. 10] 59.16 Subd. 10. [RELEASE OF RENT AFTER HEARING.] If the court 59.17 finds, after a hearing on the matter has been held, that no 59.18 violation exists in the building or that the residential tenant 59.19 did not deposit the full amount of rent due with the court 59.20 administrator, it shall order the immediate release of the rent 59.21 to the landlord. If the court finds that a violation existed, 59.22 but was remedied between the commencement of the action and the 59.23 hearing, it may order rent abatement and must release the rent 59.24 to the parties accordingly. Any rent found to be owed to the 59.25 residential tenant must be released to the tenant. [566.34, 59.26 subd. 11] 59.27 Subd. 11. [RETALIATION; WAIVER NOT ALLOWED.] Section 63 59.28 applies to proceedings under this section. The residential 59.29 tenant rights under this section may not be waived or modified 59.30 and are in addition to and do not limit other rights or remedies 59.31 which may be available to the residential tenant and landlord, 59.32 except as provided in subdivision 1. [566.34, subd. 12] 59.33 Sec. 71. [504A.591] [VIOLATIONS OF BUILDING REPAIR 59.34 ORDERS.] 59.35 Subdivision 1. [NONCOMPLIANCE; FINES.] After finding a 59.36 landlord has willfully failed to comply with a court order to 60.1 remedy a violation, the court shall fine the landlord according 60.2 to the following schedule: 60.3 (1) $250 for the first failure to comply; 60.4 (2) $500 for the second failure to comply with an order 60.5 regarding the same violation; and 60.6 (3) $750 for the third and each subsequent failure to 60.7 comply with an order regarding the same violation. [566.35, 60.8 subd. 1] 60.9 Subd. 2. [CRIMINAL PENALTY.] A landlord who willfully 60.10 fails to comply with a court order to remedy a violation is 60.11 guilty of a gross misdemeanor if it is the third or subsequent 60.12 time that the landlord has willfully failed to comply with an 60.13 order to remedy a violation within a three-year period. 60.14 [566.35, subd. 2] 60.15 Sec. 72. [504A.595] [CODE VIOLATIONS, DISCLOSURE.] 60.16 (a) A state, county, or city agency charged by the 60.17 governing body of the appropriate political subdivision with 60.18 responsibility for enforcing a state, county, or city health, 60.19 housing, building, fire prevention, or housing maintenance code 60.20 shall make available to the persons described in paragraph (b) 60.21 code violation records that pertain to a particular parcel of 60.22 real property and the buildings, improvements, and dwelling 60.23 units located on it. The records must be made available at 60.24 reasonable times, and upon reasonable notice to the custodian of 60.25 the records, for inspection, examination, abstracting, or 60.26 copying at the expense of the person obtaining the information. 60.27 (b) The persons to whom the records shall be available 60.28 under this section include, but are not limited to, the 60.29 following persons and their representatives: 60.30 (1) a person having any legal or beneficial interest in the 60.31 property, including a renter; 60.32 (2) a person considering in good faith the lease or 60.33 purchase of the property; 60.34 (3) a person authorized to request an inspection under 60.35 section 53; and 60.36 (4) a party to any action related to the property, 61.1 including actions brought under sections 6 and 53 to 69. 61.2 [504.23] 61.3 TENANT REPORTS 61.4 Sec. 73. [504A.601] [DEFINITIONS.] 61.5 Subdivision 1. [APPLICABILITY.] The definitions in this 61.6 section apply to sections 73 to 75. [504.29, subd. 1] 61.7 Subd. 2. [PROPER IDENTIFICATION.] "Proper identification" 61.8 means information generally considered sufficient to identify a 61.9 person, including a Minnesota driver's license, a Minnesota 61.10 identification card, other forms of identification provided by a 61.11 unit of government, a notarized statement of identity with a 61.12 specimen signature of the person, or other reasonable form of 61.13 identification. [504.29, subd. 2a] 61.14 Subd. 3. [RESIDENTIAL TENANT REPORT.] "Residential tenant 61.15 report" means a written, oral, or other communication by a 61.16 residential tenant screening service that includes information 61.17 concerning an individual's credit worthiness, credit standing, 61.18 credit capacity, character, general reputation, personal 61.19 characteristics, or mode of living, that is collected, used, or 61.20 expected to be used for the purpose of making decisions relating 61.21 to residential tenancies or residential tenancy applications. 61.22 [504.29, subd. 4] 61.23 Subd. 4. [RESIDENTIAL TENANT SCREENING 61.24 SERVICE.] "Residential tenant screening service" means a person 61.25 or business regularly engaged in the practice of gathering, 61.26 storing, or disseminating information about residential tenants 61.27 or assembling residential tenant reports for monetary fees, 61.28 dues, or on a cooperative nonprofit basis. [504.29, subd. 5] 61.29 Sec. 74. [504A.605] [RESIDENTIAL TENANT REPORTS; 61.30 DISCLOSURE AND CORRECTIONS.] 61.31 Subdivision 1. [DISCLOSURES REQUIRED.] (a) On request and 61.32 proper identification, a residential tenant screening service 61.33 must disclose the following information to an individual: 61.34 (1) the nature and substance of all information in its 61.35 files on the individual at the time of the request; and 61.36 (2) the sources of the information. 62.1 (b) A residential tenant screening service must make the 62.2 disclosures to an individual without charge if information in a 62.3 residential tenant report has been used within the 30 days 62.4 before the request to deny the rental to the individual or 62.5 increase the security deposit or rent of a residential housing 62.6 unit to the individual. 62.7 (c) If the residential tenant report has not been used to 62.8 deny the rental or increase the rent or security deposit of a 62.9 residential housing unit within the past 30 days, the 62.10 residential tenant screening service may impose a reasonable 62.11 charge for making the disclosure. The residential tenant 62.12 screening service must notify the residential tenant of the 62.13 amount of the charge before furnishing the information. The 62.14 charge may not exceed the amount that the residential tenant 62.15 screening service would impose on each designated recipient of a 62.16 residential tenant report, except that no charge may be made for 62.17 notifying persons of the deletion of information which is found 62.18 to be inaccurate or which can no longer be verified. 62.19 (d) Files maintained on a residential tenant must be 62.20 disclosed promptly as established in clauses (1) to (4). 62.21 (1) A tenant file must be disclosed in person, during 62.22 normal business hours, at the location where the tenant 62.23 screening service maintains its files, if the tenant appears in 62.24 person and furnishes proper identification at that time. 62.25 (2) A tenant file must be disclosed by mail, if the tenant 62.26 makes a written request with proper identification for a copy of 62.27 the information contained in the tenant report and requests that 62.28 the information be sent to a specified address. A disclosure 62.29 made under this clause shall be deposited in the United States 62.30 mail, postage prepaid, within five business days after the 62.31 written request for disclosure is received by the tenant 62.32 screening service. A tenant screening service complying with a 62.33 request for disclosure under this clause shall not be liable for 62.34 disclosures to third parties caused by mishandling mail, 62.35 provided that the tenant file information is mailed to the 62.36 address specified by the tenant in the request. 63.1 (3) A summary of the information in a tenant file must be 63.2 disclosed by telephone, if the tenant has made a written request 63.3 with proper identification for telephone disclosure. 63.4 (4) Information in a tenant's file required to be disclosed 63.5 in writing under this subdivision may be disclosed in any other 63.6 form including electronic means if authorized by the tenant and 63.7 available from the tenant screening service. [504.30, subd. 1] 63.8 Subd. 2. [CORRECTIONS.] If the completeness or accuracy of 63.9 an item of information contained in an individual's file is 63.10 disputed by the individual, the residential tenant screening 63.11 service must reinvestigate and record the current status of the 63.12 information. If the information is found to be inaccurate or 63.13 can no longer be verified, the residential tenant screening 63.14 service must delete the information from the individual's file 63.15 and residential tenant report. At the request of the 63.16 individual, the residential tenant screening service must give 63.17 notification of the deletions to persons who have received the 63.18 residential tenant report within the six months before the 63.19 request. [504.30, subd. 2] 63.20 Subd. 3. [EXPLANATIONS.] The residential tenant screening 63.21 service must permit an individual to explain an eviction report 63.22 or a disputed item not resolved by reinvestigation in a 63.23 residential tenant report. The explanation must be included in 63.24 the residential tenant report. The residential tenant screening 63.25 service may limit the explanation to no more than 100 words. 63.26 [504.30, subd. 3] 63.27 Subd. 4. [COURT FILE INFORMATION.] (a) If a residential 63.28 tenant screening service includes information from a court file 63.29 on an individual in a residential tenant report, the report must 63.30 provide the full name and date of birth of the individual in any 63.31 case where the court file includes the individual's full name 63.32 and date of birth, and the outcome of the court proceeding must 63.33 be accurately recorded in the report, including the specific 63.34 basis of the court's decision, when available. Whenever the 63.35 court supplies information from a court file on an individual, 63.36 in whatever form, the court shall include the full name and date 64.1 of birth of the individual, if that is indicated on the court 64.2 file or summary and information on the outcome of the court 64.3 proceeding, including the specific basis of the court's 64.4 decision, coded as provided in subdivision 5 for the type of 64.5 action, when it becomes available. The residential tenant 64.6 screening service is not liable under section 75 if the 64.7 residential tenant screening service reports complete and 64.8 accurate information as provided by the court. 64.9 (b) A tenant screening service shall not provide tenant 64.10 reports containing information on eviction actions in the second 64.11 and fourth judicial districts, unless the tenant report 64.12 accurately records the outcome of the proceeding or other 64.13 disposition of the eviction action such as settlement, entry of 64.14 a judgment, default, or dismissal of the action. [504.30, subd. 64.15 4] 64.16 Subd. 5. [EVICTION ACTION CODING.] The court shall 64.17 indicate on the court file or any summary of a court file the 64.18 specific basis of the court's decision in an eviction action 64.19 according to codes developed by the court that, at a minimum, 64.20 indicates if the basis of the court's decision is nonpayment of 64.21 rent, a violation of the requirements under section 75 or 76, 64.22 other breach of a lease agreement, or a counterclaim for 64.23 possession of the property under section 69. [504.30, subd. 4a] 64.24 Subd. 6. [INFORMATION TO RESIDENTIAL TENANT.] If the 64.25 landlord uses information in a residential tenant report to deny 64.26 the rental or increase the rent or security deposit of a 64.27 residential unit, the landlord must inform the prospective 64.28 tenant of the name and address of the residential tenant 64.29 screening service that provided the residential tenant report. 64.30 [504.30, subd. 5] 64.31 Sec. 75. [504A.611] [RESIDENTIAL TENANT REPORT; REMEDIES.] 64.32 The remedies in section 8.31 apply to a violation of 64.33 section 74. A residential tenant screening service or landlord 64.34 that complies with the Fair Credit Reporting Act, United States 64.35 Code, title 15, section 1681, et seq., is considered to comply 64.36 with section 74. [504.31] 65.1 POSSESSION OF CONTROLLED SUBSTANCES 65.2 ON RESIDENTIAL RENTAL PROPERTY 65.3 Sec. 76. [504A.701] [LANDLORD AND RESIDENTIAL TENANT MAY 65.4 NOT ALLOW UNLAWFUL ACTIVITIES.] 65.5 Subdivision 1. [SPECIFIC AGREEMENT.] (a) A landlord and 65.6 residential tenant agree that neither will: 65.7 (1) unlawfully allow controlled substances to be used on 65.8 the property, its lands, or common area; 65.9 (2) allow prostitution or prostitution-related activity as 65.10 defined in section 617.80, subdivision 4, to occur on the 65.11 property, its lands, or common area; 65.12 (3) allow the unlawful use or possession of a firearm in 65.13 violation of section 609.66, subdivision 1a, 609.67, or 624.713 65.14 on the property, its lands, or common area; and 65.15 (4) use, or allow others acting under the control of 65.16 either, to use the property's common area or lands to 65.17 manufacture, sell, give away, barter, deliver, exchange, 65.18 distribute, purchase, or possess a controlled substance in 65.19 violation of a criminal provision of chapter 152. 65.20 (b) This agreement is not violated when a person other than 65.21 the landlord or residential tenant possesses or allows 65.22 controlled substances on the property, its lands, or common area 65.23 unless the landlord or residential tenant knew or had reason to 65.24 know of that activity. [504.181, subd. 1] 65.25 Subd. 2. [BREACH VOIDS RIGHT TO POSSESSION.] (a) A breach 65.26 of the agreement in subdivision 1 voids the residential tenant's 65.27 right to possession of the property. All other provisions of 65.28 the lease, including but not limited to the obligation to pay 65.29 rent, remain in effect until the lease is terminated by the 65.30 terms of the lease or operation of law. 65.31 (b) If the residential tenant breaches the agreement in 65.32 subdivision 1, the landlord may bring, or assign to the county 65.33 attorney of the county in which the property is located, the 65.34 right to bring an eviction action against the residential 65.35 tenant. The assignment must be in writing on a form provided by 65.36 the county attorney, and the county attorney may determine 66.1 whether to accept the assignment. If the county attorney 66.2 accepts the assignment of the landlord's right to bring an 66.3 eviction action: 66.4 (1) any court filing fee that would otherwise be required 66.5 in an eviction action is waived; and 66.6 (2) the landlord retains all the rights and duties, 66.7 including removal of the residential tenant's personal property, 66.8 following issuance of an order to vacate and delivery of the 66.9 writ to the sheriff for execution. [504.181, subd. 2] 66.10 Subd. 3. [WAIVER NOT ALLOWED.] The landlord or residential 66.11 tenant may not waive or modify the prohibition imposed by this 66.12 section. [504.181, subd. 3] 66.13 Sec. 77. [504A.705] [EVICTION FOR VIOLATION.] 66.14 (a) A landlord may evict a residential tenant who is 66.15 subject to seizure under section 609.5317, subdivision 1, for 66.16 which there is not a defense under section 609.5317, subdivision 66.17 3. 66.18 (b) Landlords must give written notice to residential 66.19 tenants of the provision relating to seizures in paragraph (a). 66.20 Failure to give notice does not subject the landlord to criminal 66.21 or civil liability and is not a defense under section 609.5317, 66.22 subdivision 3. [566.02; 566.021] 66.23 IMPLEMENTATION OF ACT 66.24 Sec. 78. [EFFECT OF CHANGES IN THIS ACT.] 66.25 The legislature intends this act to be a clarification and 66.26 reorganization of the landlord-tenant laws in Minnesota 66.27 Statutes, chapters 504 and 566. The changes that have been made 66.28 are not intended to alter those laws and shall not be construed 66.29 by a court or other authority to alter them. 66.30 Sec. 79. [INSTRUCTION TO REVISOR.] 66.31 (a) The revisor shall publish the statutory derivations of 66.32 the laws repealed and recodified in this act in Laws of 66.33 Minnesota and in the statutory history of chapters 504 and 566 66.34 in Minnesota Statutes. 66.35 (b) The revisor shall correct cross-references to sections 66.36 that are repealed and recodified by this act, and if Minnesota 67.1 Statutes, chapter 504 or chapter 566, is further amended in the 67.2 1998 or 1999 legislative session, shall codify the amendments in 67.3 a manner consistent with this act. 67.4 Sec. 80. [REPEALER.] 67.5 Minnesota Statutes 1996, sections 504.01; 504.012; 504.015; 67.6 504.02; 504.03; 504.04; 504.05; 504.06; 504.07; 504.08; 504.09; 67.7 504.18; 504.181, subdivisions 2 and 3; 504.183; 504.185; 504.20; 67.8 504.201; 504.21; 504.22; 504.23; 504.24; 504.245; 504.246; 67.9 504.25; 504.255; 504.257; 504.26; 504.265; 504.27; 504.28; 67.10 504.29; 504.30; 504.31; 504.32; 504.36; 566.01; 566.02; 566.021; 67.11 566.03; 566.04; 566.051; 566.06; 566.07; 566.08; 566.09; 566.10; 67.12 566.11; 566.12; 566.13; 566.14; 566.15; 566.16; 566.17; 566.175; 67.13 566.18, subdivisions 1, 2, 3, 4, and 5; 566.19; 566.20; 566.205; 67.14 566.21; 566.22; 566.23; 566.24; 566.26; 566.27; 566.28; 566.29; 67.15 566.291; 566.30; 566.31; 566.32; 566.33; 566.34; and 566.35; and 67.16 Minnesota Statutes 1997 Supplement, sections 504.181, 67.17 subdivision 1; 504.215; 566.05; 566.18, subdivision 6; and 67.18 566.25, are repealed. 67.19 Sec. 81. [EFFECTIVE DATE.] 67.20 This act is effective July 1, 1999.