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SF 3145

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2022 10:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to housing; prohibiting the court from requiring bond or security prior to
adjudication of a housing matter; amending Minnesota Statutes 2020, sections
504B.285, subdivision 5; 504B.335.

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

Section 1.

Minnesota Statutes 2020, 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 seven 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to actions
filed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, 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, and the court shall hear and decide the action, unless it grants a continuance of
the trial as provided in section 504B.341.

(b) Either party may demand a trial by jury.

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

(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.

new text begin (e) The court may not require the defendant to pay any amount of money into court, post
a bond, 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to actions
filed on or after that date.
new text end