Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 502-S.F.No. 1732 
                  An act relating to conciliation courts; expanding 
                  conciliation court jurisdiction over matters involving 
                  rental property; allowing nonattorneys to represent 
                  condominium and cooperative associations; allowing 
                  commercial property managers to represent clients; 
                  requiring the court to give scheduling priority to 
                  unlawful detainer actions involving alleged tenant use 
                  of drugs; amending Minnesota Statutes 1992, sections 
                  566.05; 566.07; 566.09, subdivision 1; 566.16; and 
                  566.17, subdivision 1, and by adding a subdivision; 
                  Minnesota Statutes 1993 Supplement, sections 481.02, 
                  subdivision 3; 491A.01, subdivision 9; and 491A.02, 
                  subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        481.02, subdivision 3, is amended to read: 
           Subd. 3.  [PERMITTED ACTIONS.] The provisions of this 
        section shall not prohibit:  
           (1) any person from drawing, without charge, any document 
        to which the person, an employer of the person, a firm of which 
        the person is a member, or a corporation whose officer or 
        employee the person is, is a party, except another's will or 
        testamentary disposition or instrument of trust serving purposes 
        similar to those of a will; 
           (2) a person from drawing a will for another in an 
        emergency if the imminence of death leaves insufficient time to 
        have it drawn and its execution supervised by a licensed 
        attorney-at-law; 
           (3) any insurance company from causing to be defended, or 
        from offering to cause to be defended through lawyers of its 
        selection, the insureds in policies issued or to be issued by 
        it, in accordance with the terms of the policies; 
           (4) a licensed attorney-at-law from acting for several 
        common-carrier corporations or any of its subsidiaries pursuant 
        to arrangement between the corporations; 
           (5) any bona fide labor organization from giving legal 
        advice to its members in matters arising out of their 
        employment; 
           (6) any person from conferring or cooperating with a 
        licensed attorney-at-law of another in preparing any legal 
        document, if the attorney is not, directly or indirectly, in the 
        employ of the person or of any person, firm, or corporation 
        represented by the person; 
           (7) any licensed attorney-at-law of Minnesota, who is an 
        officer or employee of a corporation, from drawing, for or 
        without compensation, any document to which the corporation is a 
        party or in which it is interested personally or in a 
        representative capacity, except wills or testamentary 
        dispositions or instruments of trust serving purposes similar to 
        those of a will, but any charge made for the legal work 
        connected with preparing and drawing the document shall not 
        exceed the amount paid to and received and retained by the 
        attorney, and the attorney shall not, directly or indirectly, 
        rebate the fee to or divide the fee with the corporation; 
           (8) any person or corporation from drawing, for or without 
        a fee, farm or house leases, notes, mortgages, chattel 
        mortgages, bills of sale, deeds, assignments, satisfactions, or 
        any other conveyances except testamentary dispositions and 
        instruments of trust; 
           (9) a licensed attorney-at-law of Minnesota from rendering 
        to a corporation legal services to itself at the expense of one 
        or more of its bona fide principal stockholders by whom the 
        attorney is employed and by whom no compensation is, directly or 
        indirectly, received for the services; 
           (10) any person or corporation engaged in the business of 
        making collections from engaging or turning over to an 
        attorney-at-law for the purpose of instituting and conducting 
        suit or making proof of claim of a creditor in any case in which 
        the attorney-at-law receives the entire compensation for the 
        work; 
           (11) any regularly established farm journal or newspaper, 
        devoted to general news, from publishing a department of legal 
        questions and answers to them, made by a licensed 
        attorney-at-law, if no answer is accompanied or at any time 
        preceded or followed by any charge for it, any disclosure of any 
        name of the maker of any answer, any recommendation of or 
        reference to any one to furnish legal advice or services, or by 
        any legal advice or service for the periodical or any one 
        connected with it or suggested by it, directly or indirectly; 
           (12) any authorized management agent of an owner of rental 
        property used for residential purposes, whether the management 
        agent is a natural person, corporation, partnership, limited 
        partnership, or any other business entity, from commencing, 
        maintaining, conducting, or defending in its own behalf any 
        action in any court in this state to recover or retain 
        possession of the property, except that the provision of this 
        clause does not authorize a person who is not a licensed 
        attorney-at-law to conduct a jury trial or to appear before a 
        district court or the court of appeals or supreme court pursuant 
        to an appeal; 
           (13) any person from commencing, maintaining, conducting, 
        or defending on behalf of the plaintiff or defendant any action 
        in any court of this state pursuant to the provisions of section 
        566.175 or sections 566.18 to 566.35 or from commencing, 
        maintaining, conducting, or defending on behalf of the plaintiff 
        or defendant any action in any court of this state for the 
        recovery of rental property used for residential purposes 
        pursuant to the provisions of section 566.02 or 566.03, 
        subdivision 1, except that the provision of this clause does not 
        authorize a person who is not a licensed attorney-at-law to 
        conduct a jury trial or to appear before a district court or the 
        court of appeals or supreme court pursuant to an appeal, and 
        provided that, except for a nonprofit corporation, a person who 
        is not a licensed attorney-at-law shall not charge or collect a 
        separate fee for services rendered pursuant to this clause; 
           (14) the delivery of legal services by a specialized legal 
        assistant in accordance with a specialty license issued by the 
        supreme court before July 1, 1995; 
           (15) the sole shareholder of a corporation from appearing 
        on behalf of the corporation in court; or 
           (16) an officer, manager, partner, or employee or an agent 
        of a condominium, cooperative, or townhouse association from 
        appearing on behalf of a corporation, limited liability company, 
        partnership, sole proprietorship, or association in conciliation 
        court or in a district court action removed from conciliation 
        court, in accordance with section 491A.02, subdivision 4. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        491A.01, subdivision 9, is amended to read: 
           Subd. 9.  [JURISDICTION; RENTAL PROPERTY.] The conciliation 
        court also has jurisdiction to determine an action commenced 
        under section 504.20 for the recovery of a deposit on rental 
        property, or under section 504.245, 504.255, or 504.26, for 
        damages arising from the landlord and tenant relationship under 
        chapter 504 or under the rental agreement in the county in which 
        the rental property is located. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        491A.02, subdivision 4, is amended to read: 
           Subd. 4.  [REPRESENTATION.] (a) A corporation, partnership, 
        limited liability company, sole proprietorship, or association 
        may be represented in conciliation court by an officer, manager, 
        or partner or an agent in the case of a condominium, 
        cooperative, or townhouse association, or may appoint a natural 
        person who is an employee or commercial property manager to 
        appear on its behalf or settle a claim in conciliation court.  
        This representation does not constitute the practice of law for 
        purposes of section 481.02, subdivision 8.  In the case of an 
        officer or, employee, commercial property manager, or agent of a 
        condominium, cooperative, or townhouse association, an 
        authorized power of attorney, corporate authorization 
        resolution, corporate bylaw, or other evidence of authority 
        acceptable to the court must be filed with the claim or 
        presented at the hearing.  This subdivision also applies to 
        appearances in district court by a corporation or limited 
        liability company with five or fewer shareholders or members and 
        to any condominium, cooperative, or townhouse association, if 
        the action was removed from conciliation court. 
           (b) "Commercial property manager" means a corporation, 
        partnership, or limited liability company or its employees who 
        are hired by the owner of commercial real estate to perform a 
        broad range of administrative duties at the property including 
        tenant relations matters, leasing, repairs, maintenance, the 
        negotiation and resolution of tenant disputes, and related 
        matters.  In order to appear in conciliation court, a property 
        manager's employees must possess a real estate license under 
        section 82.20 and be authorized by the owner of the property to 
        settle all disputes with tenants and others within the 
        jurisdictional limits of conciliation court. 
           (c) A commercial property manager who is appointed to 
        settle a claim in conciliation court may not charge or collect a 
        separate fee for services rendered under paragraph (a). 
           Sec. 4.  Minnesota Statutes 1992, section 566.05, is 
        amended to read: 
           566.05 [COMPLAINT AND SUMMONS.] 
           The person complaining shall file a complaint with the 
        court, describing the premises of which possession is claimed, 
        stating the facts which authorize the recovery, and praying for 
        restitution thereof.  The court shall issue a summons, 
        commanding the person against whom the complaint is made to 
        appear before the court on a day and at a place stated in the 
        summons.  The appearance shall be not less than seven nor more 
        than 14 days from the day of issuing the summons.  In scheduling 
        appearances under this section, the court shall give priority to 
        any unlawful detainer brought under section 504.181, or on the 
        basis that the tenant is causing a nuisance or seriously 
        endangers the safety of other residents, their property, or the 
        landlord's property.  A copy of the complaint shall be attached 
        to the summons, which shall state that the copy is attached and 
        that the original has been filed. 
           Sec. 5.  Minnesota Statutes 1992, section 566.07, is 
        amended to read: 
           566.07 [ANSWER; TRIAL.] 
           After the return of the summons, at the time and place 
        appointed therein, the defendant, on appearing, may answer the 
        complaint, and all matters in excuse, justification, or 
        avoidance of the allegations thereof shall be set up in the 
        answer; and thereupon the court shall hear and determine the 
        action, unless it shall adjourn the trial as provided in section 
        566.08, but either party may demand a trial by jury.  The 
        proceedings in such action shall be the same as in other civil 
        actions, except as in this chapter otherwise provided.  The 
        court, in scheduling appearances and hearings under this 
        section, shall give priority to any unlawful detainer brought 
        under section 504.181, or on the basis that the tenant is 
        causing a nuisance or seriously endangers the safety of other 
        residents, their property, or the landlord's property.  
           Sec. 6.  Minnesota Statutes 1992, section 566.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] If the court or jury finds for 
        the plaintiff, the court shall immediately enter judgment that 
        the plaintiff have restitution of the premises and tax the costs 
        for the plaintiff.  The court shall issue execution in favor of 
        the plaintiff for the costs and also immediately issue a writ of 
        restitution.  The court shall give priority in issuing a writ of 
        restitution for any unlawful detainer brought under section 
        504.181 or on the basis that the tenant is causing a nuisance or 
        seriously endangers the safety of other residents, their 
        property, or the landlord's property.  Except in actions brought 
        under (1) section 566.02 as required by section 609.5317, 
        subdivision 1, (2) under section 504.181, or (3) on the basis 
        that the tenant is causing a nuisance or seriously endangers the 
        safety of other residents, their property, or the landlord's 
        property, upon a showing by the defendant that immediate 
        restitution of the premises would work a substantial hardship 
        upon the defendant or the defendant's family, the court shall 
        stay the writ of restitution for a reasonable period, not to 
        exceed seven days.  If the court or jury finds for the 
        defendant, the court shall enter judgment for the defendant, tax 
        the costs against the plaintiff, and issue execution therefor. 
           Sec. 7.  Minnesota Statutes 1992, section 566.16, is 
        amended to read: 
           566.16 [FORMS OF SUMMONS AND WRIT.] 
           Subdivision 1.  [FORM.] The summons and writ of restitution 
        may be substantially in the following forms: 
                                FORM OF SUMMONS 
         
          State of Minnesota)                                     
                            ) ss.                                 
          County of ........)                                     
           Whereas, ....., of ....., hath filed with the undersigned, 
        a judge in and for said county, a complaint against ....., of 
        ....., a copy whereof is hereto attached:  Therefore you are 
        hereby summoned to appear before the undersigned on the ..... 
        day of ....., 19....., at ..... o'clock .....m., at ....., then 
        and there to make answer to and defend against the complaint 
        aforesaid, and further to be dealt with according to law.  
           Dated at ....., this ..... day of ....., 19.....  
           ............................., 
           Judge of ....... court.  
                          FORM OF WRIT OF RESTITUTION 
         
          State of Minnesota)                                     
                            ) ss.                                 
          County of ........)                                     
           The State of Minnesota, to the Sheriff or Any Constable of 
        the County Aforesaid: 
           Whereas, ....., plaintiff, of ....., in an action for an 
        unlawful or forcible entry and detainer (or for an unlawful 
        detainer, as the case may be), at a court held at ....., in the 
        county aforesaid, on the ..... day of ....., 19....., before 
        ....., a judge in and for said county, by the consideration of 
        the court, recovered a judgment against ....., of ....., to have 
        restitution of (here describe the premises as in the complaint): 
           Therefore, you are hereby commanded that, taking with you 
        the force of the county, if necessary, you cause the said ..... 
        to be immediately removed from the aforesaid premises, and the 
        said ..... to have peaceable restitution of the same.  You are 
        also hereby commanded that of the goods and chattels of the said 
        ..... within said county you cause to be levied, and, the same 
        being disposed of according to law, to be paid to the said ..... 
        the sum of ..... dollars, being the costs taxed against the said 
        ..... for the said ....., at the court aforesaid, together with 
        25 cents for this writ; and thereof, together with this writ, 
        make due return within 30 days from the date hereof, according 
        to law. 
           Dated at ....., this ..... day of ....., 19..... 
           ............................., 
           Judge of ........ court. 
           Subd. 2.  [NOTICE OF DRUG RELATED WRIT.] The court shall 
        identify a writ of restitution that is issued pursuant to an 
        unlawful detainer action under section 504.181, or on the basis 
        that the tenant is causing a nuisance or seriously endangers the 
        safety of other residents, their property, or the landlord's 
        property and clearly note on the writ of restitution that it is 
        a priority writ.  Notice that it is a priority writ must be made 
        in a manner that is obvious to an officer who must execute the 
        writ under section 566.17. 
           Sec. 8.  Minnesota Statutes 1992, section 566.17, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The officer holding the writ of 
        restitution shall execute the same by making a demand upon 
        defendant if found in the county or any adult member of the 
        defendant's family holding possession of the premises, or other 
        person in charge thereof, for the possession of the same, and 
        that the defendant leave, taking family and all personal 
        property from such premises within 24 hours after such demand.  
        If defendant fails to comply with the demand, then the officer 
        shall bring, if necessary, the force of the county and whatever 
        assistance may be necessary, at the cost of the complainant, 
        remove the said defendant, family and all personal property from 
        said premises detained, immediately and place the plaintiff in 
        the possession thereof.  In case defendant cannot be found in 
        the county, and there is no person in charge of the premises 
        detained, so that no demand can be made upon the defendant, then 
        the officer shall enter into the possession of the premises, 
        breaking in if necessary, and the property of the defendant 
        shall be removed and stored at a place designated by the 
        plaintiff as provided under subdivision 2.  The writ may also be 
        executed by a licensed police officer or community crime 
        prevention licensed police officer. 
           Sec. 9.  Minnesota Statutes 1992, section 566.17, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [PRIORITY; EXECUTION OF DRUG RELATED WRIT.] An 
        officer shall give priority to the execution, under this 
        section, of any writ of restitution that is based on an unlawful 
        detainer action under section 504.181, or on the basis that the 
        tenant is causing a nuisance or seriously endangers the safety 
        of other residents, their property, or the landlord's property. 
           Presented to the governor April 22, 1994 
           Signed by the governor April 25, 1994, 12:00 p.m.