Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 165-H.F.No. 1058 
           An act relating to landlord and tenant; modifying 
          action to recover leased premises; providing for 
          actions for destruction of leased residential rental 
          property; allowing expedited proceedings; amending 
          Minnesota Statutes 1992, sections 504.02, subdivision 
          1; and 566.03, by adding a subdivision; proposing 
          coding for new law in Minnesota Statutes, chapters 
          504; and 566. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 504.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ACTION TO RECOVER.] (a) In case of a lease 
of real property, when the landlord has a subsisting right of 
reentry for the failure of the tenant to pay rent the landlord 
may bring an action to recover possession of the property and 
such action is equivalent to a demand for the rent and a reentry 
upon the property; but if, at any time before possession has 
been delivered to the plaintiff on recovery in the action, the 
lessee or a successor in interest as to the whole or any part of 
the property pays to the plaintiff or brings into court the 
amount of the rent then in arrears, with interest and costs of 
the action, and an attorney's attorney fee not exceeding $5, and 
performs the other covenants on the part of the lessee, the 
lessee or successor may be restored to the possession and hold 
the property according to the terms of the original lease unless 
an action is pending under section 566.03, subdivision 5, for 
recovery of the property alleging a material violation of the 
lease.  
    (b) If the tenant has paid to the plaintiff or brought into 
court the amount of rent in arrears but is unable to pay the 
interest, costs of the action, and attorney fees required by 
this subdivision, the court may permit the defendant to pay 
these amounts into court and be restored to possession within 
the same period of time, if any, which the court stays the 
issuance of the writ of restitution pursuant to section 566.09. 
    (c) 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 566.09 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. 
    (d) 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. 2.  [504.257] [UNLAWFUL DESTRUCTION; DAMAGES.] 
    An action may be brought for willful and malicious 
destruction of leased residential rental property.  The 
prevailing party may recover actual damages, costs, and 
reasonable attorney fees, as well as other equitable relief as 
determined by the court. 
    Sec. 3.  Minnesota Statutes 1992, section 566.03, is 
amended by adding a subdivision to read: 
    Subd. 5.  (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. 
    (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 504.02 to defend 
against an allegation by the landlord that the tenant has 
committed a material violation of the lease. 
    (c) 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.  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. 
    Sec. 4.  [566.051] [EXPEDITED PROCEEDINGS.] 
    A landlord, agent, or other person acting under the 
landlord's direction or control may request expedited temporary 
relief by bringing an action under section 609.748 or filing a 
petition for a temporary restraining order, in conjunction with 
a complaint filed under section 566.05. 
    Presented to the governor May 11, 1993 
    Signed by the governor May 14, 1993, 9:10 a.m.