Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 214-H.F.No. 1107 
           An act relating to landlord and tenant; authorizing 
          emergency proceeding for loss of essential services; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 566. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [566.205] [EMERGENCY RELIEF PROCEEDING.] 
    Subdivision 1.  [PETITION.] A person authorized to bring an 
action under section 566.20 may petition the court for relief in 
cases of emergency involving the loss of running water, hot 
water, heat, electricity, sanitary facilities, or other 
essential services or facilities that the owner is responsible 
for providing. 
    Subd. 2.  [VENUE.] The venue of the action is within the 
county where the building alleged to contain the emergency 
condition is located. 
    Subd. 3.  [PETITION INFORMATION.] The petitioner shall 
present a verified petition to the district court that states 
the following: 
    (1) a description of the premises and the identity of the 
owner; 
    (2) a statement of the facts and grounds that demonstrate 
the existence of an emergency caused by the loss of essential 
services or facilities; and 
    (3) a request for relief. 
    Subd. 4.  [NOTICE.] The petitioner shall attempt to notify 
the owner, at least 24 hours before application to the court, of 
the petitioner's intent to seek emergency relief.  An order may 
be granted without notice to the owner on finding that 
reasonable efforts, as set forth in the petition or by separate 
affidavit, were made to notify the owner but that the efforts 
were unsuccessful. 
     Subd. 5.  [RELIEF; SERVICE OF ORDER.] The court may order 
relief as provided in section 566.25.  The petitioner shall 
serve the order on the owner personally or by mail as soon as 
practicable. 
     Subd. 6.  [LIMITATION.] The tenant remedy under this 
section does not extend to emergencies which are the result of 
the deliberate or negligent act or omission of a tenant or 
anyone acting under the direction or control of the tenant. 
    Subd.  7.  [EFFECT OF OTHER LAWS.] The requirements of 
section 566.19 do not apply to a petition for emergency relief 
under this section. 
    Presented to the governor May 19, 1989 
    Signed by the governor May 22, 1989, 8:20 p.m.