HF 917

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/30/2023 08:41pm

A bill for an act
relating to housing; amending provisions related to residential housing evictions;
amending summons and complaint provisions related to residential housing
evictions; amending Minnesota Statutes 2022, sections 504B.001, subdivision 4;
504B.285, subdivision 5; 504B.291, subdivision 1; 504B.321; 504B.331; 504B.335;
504B.345, subdivision 1, by adding a subdivision; 504B.361, subdivision 1;
504B.365, subdivision 1; 504B.371, subdivisions 3, 4, 5, 7; repealing Minnesota
Statutes 2022, section 504B.341.

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

Section 1.

Minnesota Statutes 2022, section 504B.001, subdivision 4, is amended to read:

Subd. 4.

Evict or eviction.

"Evict" or "eviction" means a deleted text begin summary deleted text end court proceeding to
remove a tenant or occupant from or otherwise recover possession of real property by the
process of law set out in this chapter.

Sec. 2.

Minnesota Statutes 2022, section 504B.285, subdivision 5, is amended to read:

Subd. 5.

Combining allegations.

(a) An action for recovery of the premises may combine
the allegation of nonpayment of rent and the allegation of material violation of the lease,
which shall be heard as alternative grounds.

deleted text begin (b) In cases where rent is outstanding, a tenant is not required to pay into court the
amount of rent in arrears, interest, and costs as required under section 504B.291 to defend
against an allegation by the landlord that the tenant has committed a material violation of
the lease.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end If the landlord does not prevail in proving material violation of the lease, and the
landlord has also alleged that rent is due, the tenant shall be permitted to present defenses
to the court that the rent is not owing. The tenant shall be given up to deleted text begin seven deleted text end new text begin 15 new text end days of
additional time to pay any rent determined by the court to be due. deleted text begin The court may order the
tenant to pay rent and any costs determined to be due directly to the landlord or to be
deposited with the court.
deleted text end

Sec. 3.

Minnesota Statutes 2022, section 504B.291, subdivision 1, is amended to read:

Subdivision 1.

Action to recover.

(a) A landlord may bring an eviction action for
nonpayment of rent irrespective of whether the lease contains a right of reentry clause. Such
an eviction action is equivalent to a demand for the rent. There is a rebuttable presumption
that the rent has been paid if the tenant produces a copy or copies of one or more money
orders or produces one or more original receipt stubs evidencing the purchase of a money
order, if the documents: (i) total the amount of the rent; (ii) include a date or dates
approximately corresponding with the date rent was due; and (iii) in the case of copies of
money orders, are made payable to the landlord. This presumption is rebutted if the landlord
produces a business record that shows that the tenant has not paid the rent. The landlord is
not precluded from introducing other evidence that rebuts this presumption. In such an
action, unless the landlord has also sought to evict the tenant by alleging a material violation
of the lease under section 504B.285, subdivision 5, the tenant may deleted text begin , at any time before
possession has been delivered, deleted text end redeem the tenancy and be restored to possession by paying
to the landlord or bringing to court the amount of the rent that is in arrears, with interest,
costs of the action, and an attorney's fee not to exceed $5, and by performing any other
covenants of the lease new text begin within 15 business days new text end .

deleted text begin (b) If the tenant has paid to the landlord or brought into court the amount of rent in
arrears but is unable to pay the interest, costs of the action, and attorney's fees required by
paragraph (a), the court may permit the tenant to pay these amounts into court and be restored
to possession within the same period of time, if any, for which the court stays the issuance
of the order to vacate under section 504B.345.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Prior to or after commencement of an action to recover possession for nonpayment
of rent, the parties may agree only in writing that partial payment of rent in arrears which
is accepted by the landlord prior to issuance of the order granting restitution of the premises
pursuant to section 504B.345 may be applied to the balance due and does not waive the
landlord's action to recover possession of the premises for nonpayment of rent.

deleted text begin (d) deleted text end new text begin (c) new text end Rental payments under this subdivision must first be applied to rent claimed as
due in the complaint from prior rental periods before applying any payment toward rent
claimed in the complaint for the current rental period, unless the court finds that under the
circumstances the claim for rent from prior rental periods has been waived.

Sec. 4.

Minnesota Statutes 2022, section 504B.321, is amended to read:

504B.321 COMPLAINT AND SUMMONS.

Subdivision 1.

Procedure.

(a) To bring an eviction action, the person complaining shall
file a complaint with the court, stating the full name and date of birth of the person against
whom the complaint is made, unless it is not known, describing the premises of which
possession is claimed, stating the facts which authorize the recovery of possession, and
asking for recovery thereof.

(b) The lack of the full name and date of birth of the person against whom the complaint
is made does not deprive the court of jurisdiction or make the complaint invalid.

deleted text begin (c) The court shall issue a summons, commanding the person against whom the complaint
is made to appear before the court on a day and at a place stated in the summons.
deleted text end

deleted text begin (d) The appearance shall be not less than seven nor more than 14 days from the day of
issuing the summons, except as provided by subdivision 2.
deleted text end

deleted text begin (e) A copy of the complaint shall be attached to the summons, which shall state that the
copy is attached and that the original has been filed.
deleted text end

Subd. 2.

Expedited procedure.

(a) In an eviction action brought under section 504B.171
deleted text begin or on the basis that the tenant is causing a nuisance or other illegal behavior that seriously
endangers the safety of other residents, their property, or the landlord's property deleted text end , the person
filing the complaint shall file an affidavit stating specific facts and instances in support of
why an expedited hearing is required.

(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled
for an expedited hearing only if sufficient supporting facts are stated and they meet the
requirements of this paragraph. new text begin In determining whether there are sufficient supporting facts,
the court shall not consider whether there are other separate allegations of owed rent, breach
of the lease, or holding over the unit under section 504B.285. The court may only consider
facts and instances under section 504B.171. The court must consider whether the allegations
as stated in the complaint present the threat of an ongoing violation of section 504B.171.
If the allegations do not present a threat of an ongoing violation of section 504B.171, the
court shall deny the request for an expedited hearing.
new text end

(c) The appearance in an expedited hearing shall be not less than five days nor more
than seven days from the date the summons is issued. The summons, in an expedited hearing,
shall be served upon the tenant within 24 hours of issuance unless the court orders otherwise
for good cause shown.

(d) If the court determines that the person seeking an expedited hearing did so without
sufficient basis under the requirements of this subdivision, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.

new text begin (e) The court may only consider allegations under section 504B.171 during an expedited
hearing. The court may not consolidate claims heard under the expedited procedure with
any additional claims, including but not limited to breach of lease, holding over under section
504B.285, or nonpayment of rent under section 504B.291.
new text end

new text begin Subd. 3. new text end

new text begin Contents of complaint. new text end

new text begin The person bringing a complaint under this section
must:
new text end

new text begin (1) attach the current written lease, or most recent written lease in existence, and any
relevant lease addenda;
new text end

new text begin (2) if alleging nonpayment of rent, attach a detailed ledger or accounting of the amount
owed at the time of filing;
new text end

new text begin (3) if alleging a breach of lease, identify the clause of the lease which is the basis of the
allegation, the nature of the conduct constituting the alleged breach of lease, the dates on
which the alleged conduct took place, and the clause granting the right to evict based on
the alleged conduct;
new text end

new text begin (4) if alleging a violation of section 504B.171, specify the nature of the conduct
constituting the alleged violation and the dates on which the alleged conduct took place;
new text end

new text begin (5) if alleging a violation of section 504B.285, subdivision 1, attach a copy of any notice
to vacate or notice to quit; and
new text end

new text begin (6) state in the complaint whether the tenancy is affected by a federal or state housing
subsidy program through project-based federal assistance payments; the Section 8 program;
as defined in section 469.002, subdivision 24; the low-income housing tax credit program;
or any other similar program, and include the name of the agency that administers the
housing subsidy program.
new text end

new text begin Subd. 4. new text end

new text begin Summons. new text end

new text begin The court shall issue a summons, commanding the person against
whom the complaint is made to appear before the court on the day and at the place stated
in the summons. A copy of the complaint must be attached to the summons. The summons
must include, at a minimum:
new text end

new text begin (1) the full name of the person against whom the complaint is brought;
new text end

new text begin (2) the date, time, and location of the hearing;
new text end

new text begin (3) information about the methods for participating in the court appearance, including,
if applicable, information for appearing by telephone or computer and contact information
for the court regarding remote participation;
new text end

new text begin (4) the following statement: You have the right to seek legal help or request a reasonable
accommodation from the court for your hearing. Contact the court as soon as possible if
you need an accommodation. If you can't afford a lawyer, free legal help may be available.
Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your local
Legal Aid office;
new text end

new text begin (5) the following statement: To apply for financial help, contact your local county or
Tribal social services office, apply online at MNBenefits.mn.gov, or call the United Way
toll-free information line by dialing 2-1-1 or 800-543-7709; and
new text end

new text begin (6) notification that a copy of the complaint is attached and has been filed with the court.
new text end

new text begin Subd. 5. new text end

new text begin Hearing. new text end

new text begin The court appearance described in this section shall not be less than
14 days from the day of issuing the summons, except as provided by subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Defective filing or service. new text end

new text begin The court must dismiss and expunge the record of
any action if the person bringing the action fails to comply with this section.
new text end

new text begin Subd. 7. new text end

new text begin Nonpublic record. new text end

new text begin An eviction action is not accessible to the public until the
court enters a final judgment. The eviction action will remain nonpublic unless a writ of
recovery is issued.
new text end

Sec. 5.

Minnesota Statutes 2022, section 504B.331, is amended to read:

504B.331 SUMMONS; HOW SERVED.

(a) The summons new text begin and complaint new text end must be served at least deleted text begin seven deleted text end new text begin 14 new text end days before the date
of the court appearance specified in section 504B.321, in the manner provided for service
of a summons in a civil action in district court. deleted text begin It may be served by any person not named
a party to the action.
deleted text end

(b) If the defendant cannot be found in the county, the summons new text begin and complaint new text end may be
served at least deleted text begin seven deleted text end new text begin 14 new text end days before the date of the court appearance by:

(1) leaving a copy at the defendant's last usual place of abode with a person of suitable
age and discretion residing there; or

(2) if the defendant had no place of abode, by leaving a copy at the property described
in the complaint with a person of suitable age and discretion occupying the premises.

(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant
cannot be found in the county.

(d) Where the defendant cannot be found in the county, service of the summons new text begin and
complaint new text end may be made upon the defendant by posting the summons in a conspicuous place
on the property for not less than deleted text begin one week deleted text end new text begin 14 days new text end if:

(1) the property described in the complaint is:

(i) nonresidential and no person actually occupies the property; or

(ii) residential and service has been attempted at least twice on different days, with at
least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.;
and

(2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit
stating that:

(i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes
that the defendant is not in the state; deleted text begin and
deleted text end

(ii) a copy of the summons has been mailed to the defendant at the defendant's last known
address if any is known to the plaintiff deleted text begin . deleted text end new text begin ; or
new text end

new text begin (iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction
hearing has been scheduled, including the date, time, and place of the hearing specified in
the summons, by all forms of written communication the plaintiff regularly uses to
communicate with the defendant, including email, text message, or online tenant portal.
new text end

deleted text begin (e) If the defendant or the defendant's attorney does not appear in court on the date of
the appearance, the trial shall proceed.
deleted text end

Sec. 6.

Minnesota Statutes 2022, section 504B.335, is amended to read:

504B.335 ANSWER; TRIAL.

(a) At the court appearance specified in the summons, the defendant may answer the
complaint, new text begin either orally or in writing, new text end and the court shall deleted text begin hear and decide the action, unless
it grants a continuance of the trial as provided in section 504B.341. deleted text end new text begin :
new text end

new text begin (1) dismiss the action;
new text end

new text begin (2) approve a settlement between the parties;
new text end

new text begin (3) schedule a trial for no fewer than ten days after the appearance; or
new text end

new text begin (4) continue the matter for such other hearings the court deems appropriate.
new text end

new text begin (b) If any defendant fails to appear at the scheduled court appearance, the court shall
review the court records and determine whether the complaint was properly served under
section 504B.331, and the court shall:
new text end

new text begin (1) dismiss the case for improper service;
new text end

new text begin (2) proceed with a trial on the allegations in the complaint; or
new text end

new text begin (3) schedule and provide notice to all parties of the date and time of a trial.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Either party may demand a trial by jury.

deleted text begin (c) deleted text end new text begin (d) new text end The proceedings in the action are the same as in other civil actions, except as
provided in sections 504B.281 to 504B.371.

deleted text begin (d) The court, in scheduling appearances and hearings under this section, shall give
priority to any eviction brought under section 504B.171, or on the basis that the defendant
is a tenant and is causing a nuisance or seriously endangers the safety of other residents,
their property, or the landlord's property.
deleted text end

new text begin (e) If the case is contested, the court may not conduct any trial or evidentiary hearing
on the merits of the case at the initial court appearance. When scheduling a trial date, the
court must select a date that allows for a fair and thorough adjudication of the merits of the
case, including any affirmative defenses, and must consider all aspects of the case, including
the complexity of the matter; the need for parties to obtain discovery; the need for parties
to secure the presence of witnesses; the opportunity for the defendant to seek legal counsel,
apply for any emergency financial assistance that may be available, or both; and any
extenuating factors enumerated under section 504B.171.
new text end

new text begin (f) The parties shall cooperate with reasonable informal discovery requests by another
party.
new text end

new text begin (g) Nothing in this section affects the rights of a landlord under section 504B.321,
subdivision 2.
new text end

new text begin (h) The court may not require the defendant to pay any amount of money into court,
post a bond, make a payment directly to a landlord, or by any other means post security for
any purpose prior to final disposition of an action, except for appeals as provided in section
504B.371.
new text end

Sec. 7.

Minnesota Statutes 2022, section 504B.345, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.

(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.

(c) If the court or jury finds for the defendant new text begin , then the court new text end :

(1) deleted text begin the court deleted text end shall enter judgment for the defendant, tax the costs against the plaintiff,
and issue execution in favor of the defendant; deleted text begin and
deleted text end

(2) deleted text begin the court may deleted text end new text begin shall new text end expunge the records relating to the action under the provisions
of section 484.014 or under the court's inherent authority at the time judgment is entered
or after that time upon motion of the defendant deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) may order relief as provided in section 504B.425, including retroactive rent abatement.
new text end

(d) Except in actions brought: (1) under section 504B.291 deleted text begin as required by section
609.5317, subdivision 1 deleted text end ; (2) under section 504B.171; or (3) on the basis that the tenant is
causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property, deleted text begin upon a showing by the defendant that immediate restitution of the
premises would work a substantial hardship upon the defendant or the defendant's family, deleted text end
the court shall stay the writ of recovery of premises and order to vacate for deleted text begin a reasonable
period, not to exceed seven days deleted text end new text begin a minimum of seven days. In establishing the period of
the stay, the court must consider extenuating circumstances or any hardships that would be
suffered by the defendant new text end .

new text begin (e) In actions brought under section 504B.291, the court shall stay the writ of recovery
of premises and order to vacate for 15 business days.
new text end

Sec. 8.

Minnesota Statutes 2022, section 504B.345, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Motion to vacate judgment. new text end

new text begin Any party may bring a motion to vacate a judgment
in an eviction action. An order denying a motion to vacate a judgment is considered a
judgment for purposes of appeal under section 504B.371.
new text end

Sec. 9.

Minnesota Statutes 2022, section 504B.361, subdivision 1, is amended to read:

Subdivision 1.

Summons and writ.

The state court administrator shall develop a uniform
form for the summons and writ of recovery of premises and order to vacate. new text begin The summons
shall conform to the requirements enumerated under section 504B.321, subdivision 3. The
writ for recovery of premises and order to vacate must include:
new text end

new text begin (1) the following statement: You have the right to seek legal help. If you can't afford a
lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org
to know your rights and find your local Legal Aid office; and
new text end

new text begin (2) the following statement: To apply for financial help, contact your local county or
Tribal social services office, apply online at MNBenefits.mn.gov, or call the United Way
toll-free information line by dialing 2-1-1 or 800-543-7709.
new text end

Sec. 10.

Minnesota Statutes 2022, section 504B.365, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) The officer who holds the order to vacate shall execute it
by demanding that the defendant, if found in the county, any adult member of the defendant's
family who is occupying the premises, or any other person in charge, relinquish possession
and leave, taking family and all personal property from the premises within deleted text begin 24 hours deleted text end new text begin five
business days new text end .

(b) If the defendant fails to comply with the demand, then the officer shall bring, if
necessary, the force of the county and any necessary assistance, at the cost of the plaintiff.
The officer shall remove the defendant, family, and all personal property from the premises
and place the plaintiff in possession.

(c) If the defendant cannot be found in the county, and there is no person in charge of
the premises, then the officer shall enter the premises, breaking in if necessary, and remove
and store the personal property of the defendant at a place designated by the plaintiff as
provided in subdivision 3.

(d) The order may also be executed by a licensed police officer or community crime
prevention licensed police officer.

Sec. 11.

Minnesota Statutes 2022, section 504B.371, subdivision 3, is amended to read:

Subd. 3.

Appeal bond.

If the party appealing remains in possession of the property, that
party must give a bond that provides that:

(1) all costs of the appeal will be paid;

(2) the party will comply with the court's order; and

(3) deleted text begin all deleted text end new text begin the regular new text end rent deleted text begin and other damages deleted text end due to the party excluded from possession
during the pendency of the appeal will be paid new text begin as that rent accrues. The court may not require
a bond including bank rent, late fees, disputed charges, or any other amount in excess of
the regular rent as it accrues each month new text end .

Sec. 12.

Minnesota Statutes 2022, section 504B.371, subdivision 4, is amended to read:

Subd. 4.

Stay pending appeal.

After the appeal is taken, all further proceedings in the
case are stayed deleted text begin , except as provided in subdivision 7 deleted text end .

Sec. 13.

Minnesota Statutes 2022, section 504B.371, subdivision 5, is amended to read:

Subd. 5.

Stay of writ issued before appeal.

(a) deleted text begin Except as provided in subdivision 7, deleted text end If
the court issues a writ for recovery of premises and order to vacate before an appeal is taken,
the appealing party may request that the court stay further proceedings and execution of the
writ for possession of premises and order to vacate, and the court shall grant a stay.

(b) If the party appealing remains in possession of the premises, that party must give a
bond under subdivision 3.

(c) When the officer who has the writ for possession of premises and order to vacate is
served with the order granting the stay, the officer shall cease all further proceedings. If the
writ for possession of premises and order to vacate has not been completely executed, the
defendant shall remain in possession of the premises until the appeal is decided.

Sec. 14.

Minnesota Statutes 2022, section 504B.371, subdivision 7, is amended to read:

Subd. 7.

Exception.

Subdivisions 1, 4, and 6 do not apply in an action deleted text begin on a lease, against
a tenant holding over after the expiration of the term of the lease, or a termination of the
lease by a notice to quit, deleted text end new text begin where the plaintiff has prevailed on a claim pursuant to section
504B.171, subdivision 2, new text end if the plaintiff gives a bond conditioned to pay all costs and damages
if on the appeal the judgment of restitution is reversed and a new trial ordered. In such a
case, the court shall issue a writ for recovery of premises and order to vacate notwithstanding
the notice of appeal, as if no appeal had been taken, and the appellate court shall issue all
needful writs and processes to carry out any judgment which may be rendered in the court.

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 504B.341, new text end new text begin is repealed.
new text end

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 15 are effective August 1, 2023, and apply to actions filed on or after that
date.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-02829

504B.341 CONTINUANCE OF TRIAL.

(a) In an eviction action, the court, in its discretion, may grant a continuance of the trial for no more than six days unless all parties consent to longer continuance.

(b) However, in all actions brought under section 504B.285, other than actions on a written lease signed by both parties, the court shall continue the trial as necessary but for no more than three months if the defendant or the defendant's agent or attorney:

(1) states under oath that the defendant cannot proceed to trial because a material witness is not present;

(2) names the witness;

(3) states under oath that the defendant has made due exertion to obtain the witness;

(4) states the belief that if the continuance is allowed the defendant will be able to procure the attendance of the witness at the trial or to obtain the witness's deposition; and

(5) gives a bond that the plaintiff will be paid all rent that accrues during the pendency of the action and all costs and damages that accrue due to the adjournment.