SF 2640

as introduced - 86th Legislature (2009 - 2010) Posted on 02/15/2010 03:53pm

A bill for an act
relating to landlord tenant law; modifying provisions related to expungement
of eviction records; providing access to a unit for the personal representative
of deceased tenant; amending Minnesota Statutes 2008, sections 484.014,
subdivisions 2, 3, by adding subdivisions; 504B.225; 504B.231; 504B.375,
subdivisions 1, 2, 5.

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

Section 1.

Minnesota Statutes 2008, section 484.014, subdivision 2, is amended to read:

Subd. 2.

Discretionary expungement.

The court may order expungement of an
eviction case court file deleted text begin only upon motion of a defendant and decision by the court, deleted text end if
the court finds that deleted text begin the plaintiff's case is sufficiently without basis in fact or law, which
may include lack of jurisdiction over the case, deleted text end new text begin there is a change in circumstances for the
defendant which indicates that the eviction case is not a reasonable predictor of future
tenant behavior and new text end that expungement is clearly in the interests of justice and those
interests are not outweighed by the public's interest in knowing about the record.

Sec. 2.

Minnesota Statutes 2008, section 484.014, subdivision 3, is amended to read:

Subd. 3.

Mandatory expungement.

The court shall order expungement of an
eviction case new text begin :
new text end

new text begin (1) new text end commenced solely on the grounds provided in section 504B.285, subdivision 1,
clause (1), if the court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:

deleted text begin (1) deleted text end new text begin (i) new text end the time for contract cancellation or foreclosure redemption has expired and
the defendant vacated the property prior to commencement of the eviction action; or

deleted text begin (2) deleted text end new text begin (ii) new text end the defendant was a tenant during the contract cancellation or foreclosure
redemption period and did not receive a notice under section 504B.285, subdivision 1,
clause (1), to vacate on a date prior to commencement of the eviction case new text begin ;
new text end

new text begin (2) if the defendant prevailed in the action;
new text end

new text begin (3) if the parties have agreed to expungement; or
new text end

new text begin (4) if the plaintiff's case is sufficiently without basis in fact or law, which may
include lack of jurisdiction over the case new text end .

Sec. 3.

Minnesota Statutes 2008, section 484.014, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Destroyed court files. new text end

new text begin If the court has destroyed the court file of an
eviction case, there is a rebuttable presumption in favor of expungement.
new text end

Sec. 4.

Minnesota Statutes 2008, section 484.014, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Hearing on motion. new text end

new text begin If the defendant requests expungement when the
eviction case is pending, the court shall rule on the request at the hearing on the eviction
following the ruling on the eviction, unless there is good cause to hear it at a later time. A
motion to expunge under this subdivision is available exclusively for the eviction case
that is pending.
new text end

Sec. 5.

Minnesota Statutes 2008, section 504B.225, is amended to read:

504B.225 INTENTIONAL OUSTER AND INTERRUPTION OF UTILITIES;
MISDEMEANOR.

A landlord, an agent, or person acting under the landlord's direction or control who
unlawfully and intentionally removes or excludes a tenant new text begin , or the personal representative
of a deceased tenant's estate or personal representative of a tenant whose lease may be
terminated under section 504B.265, new text end from lands or tenements or intentionally interrupts
or causes the interruption of electrical, heat, gas, or water services to the tenant with
intent to unlawfully remove or exclude the tenant from lands or tenements is guilty of a
misdemeanor. In any trial under this section, it shall be presumed that the landlord, agent,
or other person acting under the landlord's direction or control interrupted or caused the
interruption of the service with intent to unlawfully remove or exclude the tenant from
lands or tenements, if it is established by evidence that the landlord, an agent, or other
person acting under the landlord's direction or control intentionally interrupted or caused
the interruption of the service to the tenant. The burden is upon the landlord to rebut the
presumption.

The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants new text begin , or the personal representative
of a deceased tenant's estate or personal representative of a tenant whose lease may be
terminated under section 504B.265 new text end . Any provision, whether oral or written, of any
lease or other agreement, whereby any provision of this section is waived by a tenant, is
contrary to public policy and void. The provisions of this section also apply to occupants
and owners of residential real property which is the subject of a mortgage foreclosure or
contract for deed cancellation and as to which the period for redemption or reinstatement
of the contract has expired.

Sec. 6.

Minnesota Statutes 2008, section 504B.231, is amended to read:

504B.231 DAMAGES FOR OUSTER.

(a) If a landlord, an agent, or other person acting under the landlord's direction or
control unlawfully and in bad faith removes, excludes, or forcibly keeps out a tenant new text begin ,
or the personal representative of a deceased tenant's estate or personal representative
of a tenant whose lease may be terminated under section 504B.265, new text end from residential
premises, the tenant new text begin , or the personal representative of a deceased tenant's estate or personal
representative of a tenant whose lease may be terminated under section 504B.265, new text end may
recover from the landlord treble damages or $500, whichever is greater, and reasonable
attorney's fees.

(b) The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants new text begin , or the personal representative
of a deceased tenant's estate or personal representative of a tenant whose lease may be
terminated under section 504B.265 new text end . Any provision, whether oral or written, of any
lease or other agreement, whereby any provision of this section is waived by a tenant, is
contrary to public policy and void. The provisions of this section also apply to occupants
and owners of residential real property which is the subject of a mortgage foreclosure or
contract for deed cancellation and as to which the period for redemption or reinstatement
of the contract has expired.

Sec. 7.

Minnesota Statutes 2008, section 504B.375, subdivision 1, is amended to read:

Subdivision 1.

Unlawful exclusion or removal.

(a) This section applies to actual or
constructive removal or exclusion of a residential tenant new text begin , or the personal representative
of a deceased tenant's estate or personal representative of a tenant whose lease may be
terminated under section 504B.265, new text end which may include the termination of utilities or the
removal of doors, windows, or locks. A residential tenant to whom this section applies
may recover possession of the premises as described in paragraphs (b) to (e).

(b) The residential tenant new text begin , or the personal representative of a deceased tenant's
estate or personal representative of a tenant whose lease may be terminated under section
504B.265, new text end shall present a verified petition to the district court of the judicial district of the
county in which the premises are located that:

(1) describes the premises and the landlord;

(2) specifically states the facts and grounds that demonstrate that the exclusion or
removal was unlawful, including a statement that no writ of recovery of the premises
and order to vacate has been issued under section 504B.345 in favor of the landlord and
against the residential tenant new text begin , or the personal representative of a deceased tenant's estate
or personal representative of a tenant whose lease may be terminated under section
504B.265, new text end and executed in accordance with section 504B.365; and

(3) asks for possession.

(c) If it clearly appears from the specific grounds and facts stated in the verified
petition or by separate affidavit of the new text begin petitioner or petitioner's new text end residential tenant or the
residential tenant's attorney or agent that the exclusion or removal was unlawful, the court
shall immediately order that the residential tenant have possession of the premises new text begin , or
that the personal representative of a deceased tenant's estate or personal representative
of a tenant whose lease may be terminated under section 504B.265, have access to the
premises new text end .

(d) The deleted text begin residential tenant deleted text end new text begin petitioner new text end shall furnish security, if any, that the court finds
is appropriate under the circumstances for payment of all costs and damages the landlord
may sustain if the order is subsequently found to have been obtained wrongfully. In
determining the appropriateness of security, the court shall consider the deleted text begin residential tenant's deleted text end new text begin
petitioner's new text end ability to afford monetary security.

(e) The court shall direct the order to the sheriff of the county in which the premises
are located and the sheriff shall execute the order immediately by making a demand for
possession on the landlord, if found, or the landlord's agent or other person in charge of the
premises. If the landlord fails to comply with the demand, the officer shall take whatever
assistance may be necessary and immediately place the residential tenant in possession of
the premises new text begin or give the personal representative of a deceased tenant's estate or personal
representative of a tenant whose lease may be terminated under section 504B.265 access
to the premises new text end . If the landlord, the landlord's agent, or other person in control of the
premises cannot be found and if there is no person in charge, the officer shall immediately
enter into and place the residential tenant in possession of the premises new text begin or provide access
to a personal representative as directed by the court new text end . The officer shall also serve the order
and verified petition or affidavit immediately upon the landlord or agent, in the same
manner as a summons is required to be served in a civil action in district court.

Sec. 8.

Minnesota Statutes 2008, section 504B.375, subdivision 2, is amended to read:

Subd. 2.

Motion for dissolution or modification of order.

The landlord may, by
written motion and notice served by mail or personally on the deleted text begin residential tenant or the
residential tenant's deleted text end new text begin petitioner or petitioner's new text end attorney at least two days before the hearing
date on the motion, obtain dissolution or modification of the order for possession issued
under subdivision 1, paragraph (c), unless the deleted text begin residential tenant deleted text end new text begin petitioner new text end proves the
facts and grounds on which the order is issued. A landlord bringing a motion under
this subdivision may recover possession of the premises only by an eviction action or
otherwise provided by law. Upon the dissolution of the order, the court shall assess costs
against the deleted text begin residential tenant deleted text end new text begin petitioner new text end , subject to the provisions of section 563.01, and
may allow damages and reasonable attorney fees for the wrongful granting of the order for
possession. If the order is affirmed, the court shall tax costs against the landlord and may
allow the deleted text begin residential tenant deleted text end new text begin petitioner's new text end reasonable attorney's fees.

Sec. 9.

Minnesota Statutes 2008, section 504B.375, subdivision 5, is amended to read:

Subd. 5.

Purpose.

The purpose of this section is to provide an additional and
summary remedy for new text begin a new text end residential deleted text begin tenants deleted text end new text begin tenant, personal representative of a deceased
tenant's estate, or personal representative of a tenant whose lease may be terminated under
section 504B.265, who has been new text end unlawfully excluded or removed from new text begin the new text end rental property
and, except where expressly provided in this section, sections 504B.285 to 504B.371 do
not apply to proceedings under this section.