2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to landlords and tenants; modifying the time 1.3 period for serving a summons and scheduling a hearing 1.4 for a housing violation; amending Minnesota Statutes 1.5 2002, section 504B.401. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 504B.401, is 1.8 amended to read: 1.9 504B.401 [SUMMONS.] 1.10 Subdivision 1. [CONTENTS.] (a) On receipt of the complaint 1.11 in section 504B.395, the court administrator shall prepare a 1.12 summons. The summons shall: 1.13 (1) specify the time and place of the hearing to be held on 1.14 the complaint; and 1.15 (2) state that if at the time of the hearing a defense is 1.16 not interposed and established by the landlord, judgment may be 1.17 entered for the relief requested and authorized by sections 1.18 504B.381 and 504B.395 to 504B.471. 1.19 (b) The hearing must be scheduled not less than
fiveseven 1.20 nor more than ten14 days after receipt of the complaint by the 1.21 court administrator. 1.22 Subd. 2. [SERVICE.] The summons and complaint must be 1.23 served upon the landlord or the landlord's agent not less than 1.24 fiveseven nor more than ten14 days before the hearing. 1.25 Service shall be by personal service upon the defendant pursuant 2.1 to the Minnesota Rules of Civil Procedure. If personal service 2.2 cannot be made with due diligence, service may be made by 2.3 affixing a copy of the summons and complaint prominently to the 2.4 residential building involved, and mailing at the same time a 2.5 copy of the summons and complaint by certified mail to the last 2.6 known address of the landlord.