Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 253-H.F.No. 661
An act relating to landlords and tenants; recodifying,
clarifying, and relocating landlord tenant law;
proposing coding for new law as Minnesota Statutes,
chapter 504A; repealing Minnesota Statutes 1996,
sections 504.01; 504.012; 504.015; 504.02; 504.03;
504.04; 504.05; 504.06; 504.07; 504.08; 504.09;
504.18; 504.181, subdivisions 2 and 3; 504.183;
504.185; 504.20; 504.201; 504.21; 504.22; 504.23;
504.24; 504.245; 504.246; 504.25; 504.255; 504.257;
504.26; 504.265; 504.27; 504.28; 504.29; 504.30;
504.31; 504.32; 504.36; 566.01; 566.02; 566.021;
566.03; 566.04; 566.051; 566.06; 566.07; 566.08;
566.09; 566.10; 566.11; 566.12; 566.13; 566.14;
566.15; 566.16; 566.17; 566.175; 566.18, subdivisions
1, 2, 3, 4, and 5; 566.19; 566.20; 566.205; 566.21;
566.22; 566.23; 566.24; 566.26; 566.27; 566.28;
566.29; 566.291; 566.30; 566.31; 566.32; 566.33;
566.34; and 566.35; Minnesota Statutes 1997
Supplement, sections 504.181, subdivision 1; 504.215;
566.05; 566.18, subdivision 6; and 566.25.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
CHAPTER 504A
LANDLORDS AND TENANTS
Section 1. [504A.001] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purposes of this
chapter, the terms defined in this section have the meanings
given them.
Subd. 2. [COMMERCIAL TENANT.] "Commercial tenant" means a
person paying rent in a residential building defined in
subdivision 10 who is not a residential tenant, as defined in
subdivision 11. [566.18, s.4]
Subd. 3. [EVICT OR EVICTION.] "Evict" or "eviction" means
to remove a renter or occupant from or otherwise recover
possession of real property by process of law.
Subd. 4. [INSPECTOR.] "Inspector" means the person charged
by the governing body of the political subdivision in which a
residential building is situated, with the responsibility of
enforcing provisions of local law, the breach of which could
constitute a violation as defined in subdivision 13, clause
(1). If there is no such person, "inspector" means the county
agent of a board of health as authorized under section 145A.04
or the chair of the board of county commissioners, and in the
case of a manufactured home park, the state department of health
or its designee. [566.18, s.8]
Subd. 5. [LANDLORD.] "Landlord" means an owner of real
property, a contract for deed vendee, receiver, executor,
trustee, lessee, agent, or other person directly or indirectly
in control of rental property. [566.18, s.3]
Subd. 6. [LEASE.] "Lease" means a written or oral
agreement to rent real property, other than a hotel as defined
in section 327.70, for any period of time.
Subd. 7. [NEIGHBORHOOD ORGANIZATION.] "Neighborhood
organization" means a nonprofit corporation incorporated under
chapter 317A that:
(1) designates in its articles of incorporation or bylaws a
specific geographic community to which its activities are
limited; and
(2) is formed for the purposes of promoting community
safety, crime prevention, and housing quality in a
nondiscriminatory manner.
For purposes of this chapter, an action taken by a
neighborhood organization with the written permission of a
residential tenant means, with respect to a building with
multiple dwelling units, an action taken by the neighborhood
organization with the written permission of the residential
tenants of a majority of the occupied units. [566.18, s.9]
Subd. 8. [PERSON.] "Person" means a natural person,
corporation, limited liability company, partnership, or
unincorporated association. [566.18, s.5]
Subd. 9. [RENTER.] "Renter" means a residential or
commercial tenant or other person that rents or leases real
property.
Subd. 10. [RESIDENTIAL BUILDING.] "Residential building"
means:
(1) a building used in whole or in part as a dwelling,
including single family homes, multiple family units such as
apartments, and structures containing both dwelling units and
units used for nondwelling purposes, and includes a manufactured
home park; or
(2) an unoccupied building which was previously used in
whole or in part as a dwelling and which constitutes a nuisance
under section 561.01. [566.18, s.7]
Subd. 11. [RESIDENTIAL TENANT.] "Residential tenant" means
a person who is occupying a dwelling in a residential building
under a lease or contract, whether oral or written, that
requires the payment of money or exchange of services, all other
regular occupants of that dwelling unit, or a resident of a
manufactured home park. [566.18, s.2]
Subd. 12. [TENANCY AT WILL.] "Tenancy at will" means a
tenancy established without a written lease.
Subd. 13. [VIOLATION.] "Violation" means:
(1) a violation of a state, county or city health, safety,
housing, building, fire prevention, or housing maintenance code
applicable to the building;
(2) a violation of section 6, subdivision 1, paragraph (a),
clause (1) or (2);
(3) a violation of section 76, subdivision 1; or
(4) a violation of lease for the rental of a dwelling in a
building. [566.18, s.6]
DURING THE TENANCY
Sec. 2. [504A.101] [PERSON IN POSSESSION LIABLE FOR RENT;
EVIDENCE.]
Every person in possession of land out of which any rent is
due, whether it was originally demised in fee, or for any other
estate of freehold or for any term of years, shall be liable for
the amount or proportion of rent due from the land in
possession, although it be only a part of the land originally
demised. Such rent may be recovered in a civil action, and the
deed, demise, or other instrument showing the provisions of the
lease may be used in evidence by either party to prove the
amount due from the defendant. Nothing herein contained shall
deprive landlords of any other legal remedy for the recovery of
rent, whether secured to them by their leases or provided by law.
[504.04]
Sec. 3. [504A.111] [WRITTEN LEASE REQUIRED; PENALTY.]
A landlord of a residential building with 12 or more
residential units must have a written lease for each unit rented
to a residential tenant. Notwithstanding any other state law or
city ordinance to the contrary, a landlord may ask for the
tenant's full name and date of birth on the lease and
application. A landlord who fails to provide a lease, as
required under this section, is guilty of a petty misdemeanor.
[504.012]
Sec. 4. [504A.115] [TENANT TO BE GIVEN COPY OF LEASE.]
Subdivision 1. [COPY OF WRITTEN LEASE TO TENANT.] Where
there is a written lease, a landlord must give a copy to each
tenant occupying a dwelling unit whose signature appears on the
lease agreement. The landlord may obtain a signed and dated
receipt, either as a separate document or an acknowledgment
included in the lease agreement itself, from the tenant
acknowledging that the tenant has received a copy of the lease.
This signed receipt or acknowledgment is prima facie evidence
that the tenant has received a copy of the lease. [504.015]
Subd. 2. [LEGAL ACTION TO ENFORCE LEASE.] In any legal
action to enforce a written lease, except for nonpayment of
rent, disturbing the peace, malicious destruction of property,
or a violation of section 76, it is a defense for the tenant to
establish that the landlord failed to comply with subdivision
1. This defense may be overcome if the landlord establishes
that the tenant had actual knowledge of the term or terms of the
lease upon which any legal action is based. [504.015]
Sec. 5. [504A.121] [URBAN REAL ESTATE; HOLDING OVER.]
When a renter of urban real estate holds over and retains
possession after expiration of the lease without the landlord's
express agreement, no tenancy for any period other than the
shortest interval between the times of payment of rent under the
terms of the expired lease shall be implied. [504.07]
Sec. 6. [504A.125] [HABITABILITY COVENANTS OF LANDLORD.]
Subdivision 1. [REQUIREMENTS.] (a) A landlord covenants
that:
(1) the property and all common areas are fit for the use
intended by the landlord and residential tenant;
(2) the property is kept in reasonable repair during the
term of the lease, except when disrepair has been caused by the
willful, malicious, or irresponsible conduct of the residential
tenant or a person under the direction or control of the
residential tenant; and
(3) the property is maintained in compliance with the
applicable health and safety laws of:
(i) the state, including the weatherstripping, caulking,
storm window, and storm door energy efficiency standards for
renter-occupied residences prescribed by section 216C.27,
subdivisions 1 and 3; and
(ii) the local units of government where the property is
located:
except that items (i) and (ii) do not apply when violation of
the health and safety laws has been caused by the willful,
malicious, or irresponsible conduct of the residential tenant or
a person under the direction or control of the residential
tenant.
(b) The landlord may agree with the residential tenant that
the residential tenant is to perform specified repairs or
maintenance, but only if the agreement is supported by adequate
consideration and is in conspicuous writing.
(c) The requirements in paragraph (a) are in addition to
any other requirements imposed by law, ordinance, or by the
terms of the lease.
(d) Nothing in this subdivision may be construed to alter
the liability of the landlord for injury to third parties.
[504.18, subds. 1, 2, 4, 5]
Subd. 2. [WAIVER NOT ALLOWED.] The landlord and
residential tenant may not waive or modify the requirements of
subdivision 1, paragraph (a), under any circumstances including,
but not limited to:
(1) by agreement; or
(2) by permitting the residential tenant to inspect the
property before entering into a lease. [504.18, subds. 2 and 3]
Subd. 3. [APPLICABILITY.] (a) This section applies only to
leases concluded or renewed on or after June 15, 1971.
(b) For the purposes of this section, tenancies at will are
considered renewed at the beginning of each rental period.
[504.18, subd. 6]
Subd. 4. [LIBERAL CONSTRUCTION.] This section shall be
liberally construed. [504.18, subd. 3]
Sec. 7. [504A.131] [SINGLE-METER UTILITY SERVICE
PAYMENTS.]
(a) For the purposes of this section, "single-metered
residential building" means a multiunit residential building
with one or more separate residential living units where the
utility service measured through a single meter provides service
to an individual unit and to all or parts of common areas or
other units.
(b) In a residential lease entered into or renewed on or
after August 1, 1995, the owner of a single-metered residential
building shall be the bill payer responsible, and shall be the
customer of record contracting with the utility for utility
services. The owner must advise the utility provider that the
utility services apply to a single-metered residential
building. A failure by the owner to comply with this section is
a violation of sections 6, subdivision 1, paragraph (a), clause
(1), and 30. This section may not be waived by contract or
otherwise. This section does not require an owner to contract
and pay for utility service provided to each residential unit
through a separate meter which accurately measures that unit's
use only. [504.185, subds. 1 and 1a]
Sec. 8. [504A.135] [EMERGENCY CONDITIONS; LOSS OF
ESSENTIAL SERVICES.]
Subdivision 1. [PROCEDURE.] (a) A residential tenant or
group of residential tenants may pay to have home heating oil,
propane, natural gas, electricity, or water service continued or
reconnected as provided in this section if the municipality,
utility company, or other company supplying the service to the
residential building has issued a final notice, has posted the
building proposing to disconnect, or has discontinued the
service because a landlord:
(1) who has contracted for the service has failed to pay
for it; or
(2) is required by law or contract to pay for the service
and fails to do so.
(b) Before paying for the service, the residential tenant
or group of tenants must give oral or written notice to the
landlord of their intention to pay after 48 hours, or a shorter
period that is reasonable under the circumstances, if the
landlord has not already paid for the service. In the case of
oral notice, written notice must be mailed or delivered to the
landlord within 24 hours after oral notice is given.
(c) When the affected service is natural gas, electricity,
or water, if the landlord has not yet paid the bill by the time
of the residential tenant's intended payment, or if the service
remains discontinued, the residential tenant or group of tenants
may pay the outstanding bill for the most recent billing period,
if the utility company or municipality will restore the service
for at least one billing period.
(d) When the affected service is home heating oil or
propane, if the landlord has not yet paid the bill by the time
of the residential tenant's intended payment, or if the service
remains discontinued, the residential tenant or group of tenants
may order and pay for one month's supply of the proper grade and
quality of oil or propane.
(e) After submitting receipts for the payment to the
landlord, a residential tenant may deduct the amount of the
tenant's payment from the next rental payment. Amounts paid to
the municipality, utility company, or other company by a
residential tenant under this subdivision are considered payment
of rent to the landlord for purposes of section 19. [504.185,
subd. 2]
Subd. 2. [LIMITATIONS; WAIVER NOT ALLOWED; RIGHTS ARE
ADDITIONAL.] The residential tenant rights under this section:
(1) do not extend to conditions caused by the willful,
malicious, or negligent conduct of the residential tenant or of
a person under the tenant's direction or control;
(2) may not be waived or modified; and
(3) are in addition to and do not limit other rights that
may be available to the residential tenant in law or equity,
including the right to damages and the right to restoration of
possession of the property under section 19. [504.185, subd. 3]
Sec. 9. [504A.141] [TENANT'S RIGHT TO PRIVACY.]
Subdivision 1. [ENTRY BY LANDLORD.] Except as provided in
subdivision 3, a landlord may enter the premises rented by a
residential tenant only for a reasonable business purpose and
after making a good faith effort to give the tenant reasonable
notice under the circumstances of the intent to enter. A tenant
may not waive and the landlord may not require the tenant to
waive the tenant's right to prior notice of entry under this
section as a condition of entering into or maintaining the
lease. [504.183, subds. 1,2]
Subd. 2. [REASONABLE PURPOSE.] For purposes of subdivision
1, a reasonable business purpose includes, but is not limited to:
(1) showing the unit to prospective tenants during the
notice period before the lease terminates or after the current
tenant has given notice to move to the owner or owner's agent;
(2) showing the unit to a prospective buyer or to an
insurance representative;
(3) performing maintenance work;
(4) allowing inspections by state, county, or city
officials charged in the enforcement of health, housing,
building, fire prevention, or housing maintenance codes;
(5) the tenant is causing a disturbance within the unit;
(6) the landlord has a reasonable belief that the tenant is
violating the lease within the tenant's unit;
(7) prearranged housekeeping work in senior housing where
80 percent or more of the tenants are age 55 or older;
(8) the landlord has a reasonable belief that the unit is
being occupied by an individual without a legal right to occupy
it; or
(9) the tenant has vacated the unit. [504.183, subd. 3]
Subd. 3. [EXCEPTION TO NOTICE REQUIREMENT.]
Notwithstanding subdivision 1, a landlord may enter the premises
rented by a tenant to inspect or take appropriate action without
prior notice to the tenant if the landlord reasonably suspects
that:
(1) immediate entry is necessary to prevent injury to
persons or property because of conditions relating to
maintenance, building security, or law enforcement;
(2) immediate entry is necessary to determine a tenant's
safety; or
(3) immediate entry is necessary in order to comply with
local ordinances regarding unlawful activity occurring within
the tenant's premises. [504.183, subd. 4]
Subd. 4. [ENTRY WITHOUT TENANT'S PRESENCE.] If the
landlord enters when the tenant is not present and prior notice
has not been given, the landlord shall disclose the entry by
placing a written disclosure of the entry in a conspicuous place
in the premises. [504.183, subd. 5]
Subd. 5. [PENALTY.] If a landlord substantially violates
subdivision 1, the tenant is entitled to a penalty which may
include a rent reduction up to full rescission of the lease,
recovery of any damage deposit less any amount retained under
section 27, and up to a $100 civil penalty for each violation.
If a landlord violates subdivision 4, the tenant is entitled to
up to a $100 civil penalty for each violation. A tenant shall
follow the procedures in sections 53 to 69 to enforce the
provisions of this section. [504.183, subd. 6]
Subd. 6. [EXEMPTION.] This section does not apply to
tenants and landlords of manufactured home parks as defined in
section 327C.01. [504.183, subd. 7]
Sec. 10. [504A.145] [RESTRICTION ON LEASE TERMS FOR
BUILDINGS IN FINANCIAL DISTRESS.]
Once a landlord has received notice of a contract for deed
cancellation under section 559.21 or notice of a mortgage
foreclosure sale under chapter 580 or 582, the landlord may
enter into a periodic lease agreement with a term of two months
or less or a fixed term tenancy not extending beyond the
cancellation period or the landlord's period of redemption until:
(1) the contract for deed has been reinstated or paid in
full;
(2) the mortgage default has been cured and the mortgage
reinstated;
(3) the mortgage has been satisfied;
(4) the property has been redeemed from a foreclosure sale;
or
(5) a receiver has been appointed.
This section does not apply to a manufactured home park as
defined in section 327C.01, subdivision 5. [504.201]
Sec. 11. [504A.151] [RESTRICTION ON AUTOMATIC RENEWAL OF
LEASE.]
(a) In a residential lease, a landlord may not enforce an
automatic renewal clause of a lease of an original term of two
months or more that renews the lease for a specified additional
period of two months or more unless the residential tenant gives
notice to the landlord of an intention to quit the property at
the expiration of the term due to expire.
(b) Paragraph (a) does not apply if the landlord gives the
residential tenant written notice directing the residential
tenant's attention to the automatic renewal provision of the
lease. The notice must be given between 15 and 30 days prior to
the time that the residential tenant is required to furnish
notice of an intention to quit and must be served personally or
by certified mail. [504.21]
Sec. 12. [504A.155] [DISCLOSURE BY LANDLORD TO RESIDENTIAL
TENANT; ATTORNEY GENERAL'S STATEMENT.]
Subdivision 1. [DISCLOSURE.] Before a tenancy begins, a
landlord must inform a residential tenant either in the lease or
otherwise in writing the name and address of:
(1) the person authorized to manage the property; and
(2) the landlord or an agent authorized by the landlord to
accept service of process and receive and give receipt for
notices and demands. [504.22, subd. 2]
Subd. 2. [POSTING NOTICE.] (a) A printed or typewritten
notice containing the information that must be disclosed under
subdivision 1 must be placed in a conspicuous place on the
property.
(b) Unless the landlord is required to post a notice by
section 471.9995, the landlord shall also place a notice in a
conspicuous place on the property that states that a copy of the
statement required by subdivision 4 is available from the
attorney general to any residential tenant upon request. This
subdivision is complied with if notices posted in compliance
with other statutes or ordinances contain the information
required by this section. [504.22, subd. 3]
Subd. 3. [AGENT WHERE LANDLORD'S ADDRESS IS NOT KNOWN.] If
subdivisions 1 and 2, paragraph (a), have not been complied with
and a person wants to serve process on or give a notice or
demand to the landlord, but does not know the name and address
of the landlord or the landlord's agent, then a caretaker or
manager of the property or an individual to whom residential
tenants make rental payments is the authorized agent. If this
agent receives service of process or receipt of a notice or
demand, the agent shall give the process, notice, or demand, or
a copy of it, to the landlord personally or send it by certified
mail, return receipt requested, to the landlord at the
landlord's last known address. [504.22, subd. 4]
Subd. 4. [ATTORNEY GENERAL'S STATEMENT.] (a) The attorney
general shall prepare and make available to the public a
statement that:
(1) summarizes the significant legal rights and obligations
of landlords and residential tenants;
(2) includes descriptions of the significant provisions of
this chapter;
(3) notifies residential tenants in public housing to
consult their leases for additional rights and obligations they
may have under federal law; and
(4) includes the telephone number and address of the
attorney general for further information.
(b) The attorney general shall annually revise the
statement in paragraph (a) as necessary to ensure that it
continues accurately to describe the statutory and case law
governing the rights and duties of landlords and residential
tenants. After each annual revision of the statement, the
attorney general shall hold a public meeting to discuss the
statement and receive comments on its contents before it is
issued. When preparing the statement and evaluating public
comment, the attorney general shall be guided by the
legislature's intent that the statement be brief, accurate, and
complete in identifying significant legal rights and
obligations, and written using words with common, everyday
meanings.
(c) For the purposes of this subdivision, "residential
tenants" does not include residents of manufactured home parks
as defined in section 327C.01, subdivision 9. [504.22, subds. 1
and 4a]
Subd. 5. [ACTION MAY NOT BE BROUGHT WITHOUT DISCLOSURE.]
(a) Except as provided in paragraph (b), an action to recover
rent or for eviction may not be brought unless the information
required by this section:
(1) has been disclosed to the residential tenant as
provided in this section; or
(2) is known by or has been disclosed to the residential
tenant at least 30 days before the initiation of the action.
(b) Failure by the landlord to post a notice required by
subdivision 2 or section 471.9995 shall not prevent an action to
recover rent or for eviction. [504.22, subd. 5]
Subd. 6. [FAILURE TO NOTIFY LANDLORD.] A residential
tenant who moves from or subleases the property without giving
the landlord at least 30 days' written notice voids this section
and section 72, as to the tenant. [504.22, subd. 6]
Subd. 7. [APPLICABILITY.] This section extends to and is
enforceable against a successor landlord, caretaker, manager, or
individual to whom rental payments are made. [504.22, subd. 7]
Sec. 13. [504A.161] [DISCLOSURE REQUIRED FOR OUTSTANDING
INSPECTION AND CONDEMNATION ORDERS.]
Subdivision 1. [DISCLOSURE TO TENANT.] (a) Except as
provided in subdivision 3, a landlord shall provide a copy of
all outstanding inspection orders for which a citation has been
issued, pertaining to a rental unit or common area, specifying
code violations issued under section 53, that the inspector
identifies as requiring notice because the violations threaten
the health or safety of the tenant, and all outstanding
condemnation orders and declarations that the premises are unfit
for human habitation to:
(1) a residential tenant, either by delivery or by United
States mail, postage prepaid, within 72 hours after issuance of
the citation;
(2) a person before signing a lease or paying rent or a
security deposit to begin a new tenancy; and
(3) a person prior to obtaining new ownership of the
property subject to the order or declaration.
The inspector shall indicate on the inspection order
whether the violation threatens the health or safety of a tenant
or prospective tenant.
(b) If an inspection order, for which a citation has been
issued, does not involve code violations that threaten the
health or safety of the tenants, the landlord shall post a
summary of the inspection order in a conspicuous place in each
building affected by the inspection order, along with a notice
that the inspection order will be made available by the landlord
for review, upon a request of a tenant or prospective tenant.
The landlord shall provide a copy of the inspection order for
review by a tenant or a prospective tenant as required under
this subdivision. [504.246, subd. 1]
Subd. 2. [PENALTY.] If the landlord violates this section,
the residential tenant is entitled to remedies provided by
section 8.31, subdivision 3a, and other equitable relief as
determined by the court. [504.246, subd. 2]
Subd. 3. [EXCEPTION.] A landlord is not in violation of
this section if:
(1) the landlord has received only an initial order to
repair;
(2) the time allowed to complete the repairs, including any
extension of the deadline, has not yet expired, or less than 60
days has elapsed since the expiration date of repair orders and
any extension or no citation has been issued; or
(3) the landlord completes the repairs within the time
given to repair, including any extension of the deadline.
[504.246, subd. 3]
Subd. 4. [LANDLORD'S DEFENSE.] It is an affirmative
defense in an action brought under this section for the landlord
to prove that disclosure was made as required under subdivision
1. [504.246, subd. 4]
Sec. 14. [504A.165] [RENTAL OF CONDEMNED RESIDENTIAL
PROPERTY; DAMAGES.]
(a) A landlord, an agent, or other person acting under the
landlord's direction or control may not accept rent or a
security deposit for residential rental property from a
residential tenant after the property has been condemned or
declared unfit for human habitation by the applicable state or
local authority, if the tenancy began after the property was
condemned or declared unfit for human habitation.
(b) If the landlord, an agent, or other person acting under
the landlord's direction or control violates paragraph (a), the
landlord is liable to the residential tenant for actual damages
and an amount equal to three times the amount of all money
collected from the residential tenant after the date of
condemnation or declaration, plus costs and attorney fees.
[504.245]
Sec. 15. [504A.171] [RENT LIABILITY; UNINHABITABLE
BUILDINGS.]
A renter of a building that is destroyed or becomes
uninhabitable or unfit for occupancy through no fault of the
renter, is not required to pay rent or a penalty to the landlord
unless a written agreement expressly provides otherwise, and the
renter may vacate the property. [504.05]
Sec. 16. [504A.175] [UNLAWFUL DESTRUCTION; DAMAGES.]
An action may be brought for willful and malicious
destruction of a residential building. The prevailing party may
recover actual damages, costs, and reasonable attorney fees, as
well as other equitable relief as determined by the court.
[504.257]
Sec. 17. [504A.181] [PETS IN SUBSIDIZED HANDICAPPED
ACCESSIBLE RENTAL HOUSING UNITS.]
In a multiunit residential building, a residential tenant
of a handicapped accessible unit, in which the tenant or the
unit receives a subsidy that directly reduces or eliminates the
tenant's rent responsibility must be allowed to have two birds
or one spayed or neutered dog or one spayed or neutered cat. A
tenant under this section may not keep or have visits from an
animal that constitutes a threat to the health or safety of
other individuals, or causes a noise nuisance or noise
disturbance to other tenants. The landlord may require the
tenant to pay an additional damage deposit in an amount
reasonable to cover damage likely to be caused by the animal.
The deposit is refundable at any time the tenant leaves the unit
or to the extent it exceeds the amount of damage actually caused
by the animal. [504.36]
Sec. 18. [504A.185] [RESIDENTIAL TENANT'S RIGHT TO SEEK
POLICE AND EMERGENCY ASSISTANCE.]
Subdivision 1. [DEFINITION.] For the purpose of this
section, "domestic abuse" has the meaning given in section
518B.01, subdivision 2. [504.215, subd. 1]
Subd. 2. [EMERGENCY CALLS PERMITTED.] (a) A landlord may
not:
(1) bar or limit a residential tenant's right to call for
police or emergency assistance in response to domestic abuse or
any other conduct; or
(2) impose a penalty on a residential tenant for calling
for police or emergency assistance in response to domestic abuse
or any other conduct.
(b) A residential tenant may not waive and a landlord may
not require the tenant to waive the tenant's right to call for
police or emergency assistance. [504.215, subd. 2]
Subd. 3. [LOCAL PREEMPTION.] This section preempts any
inconsistent local ordinance or rule including, without
limitation, any ordinance or rule that:
(1) requires an eviction after a specified number of calls
by a residential tenant for police or emergency assistance in
response to domestic abuse or any other conduct; or
(2) provides that calls by a residential tenant for police
or emergency assistance in response to domestic abuse or any
other conduct may be used to penalize or charge a fee to a
landlord.
This subdivision shall not otherwise preempt any local
ordinance or rule that penalizes a landlord for, or requires a
landlord to abate, conduct on the premises that constitutes a
nuisance or other disorderly conduct as defined by local
ordinance or rule. [504.215, subd. 3]
Subd. 4. [TENANT RESPONSIBILITY.] This section shall not
be construed to condone or permit any breach of a lease or of
law by a residential tenant including, but not limited to,
disturbing the peace and quiet of other residential tenants,
damage to property, and disorderly conduct. [504.215, subd. 4]
Subd. 5. [RESIDENTIAL TENANT REMEDIES.] A residential
tenant may bring a civil action for a violation of this section
and recover from the landlord $250 or actual damages, whichever
is greater, and reasonable attorney's fees. [504.215, subd. 5]
Subd. 6. [ATTORNEY GENERAL AUTHORITY.] The attorney
general has authority under section 8.31 to investigate and
prosecute violations of this section. [504.215, subd. 6]
ENDING THE TENANCY
Sec. 19. [504A.201] [LANDLORD'S CLAIM FOR RECOVERY OF
PROPERTY; RENTER'S RIGHT TO POSSESSION.]
Subdivision 1. [ACTION TO RECOVER.] (a) When a renter is
in arrears in payment of rent, a landlord may bring an action to
recover possession of the property and such an action is
equivalent to a demand for the rent and a reentry upon the
property. Unless an action is pending under section 20,
subdivision 3, for recovery of the property alleging a material
violation of the lease, the renter may, at any time before
possession has been delivered, redeem the tenancy and be
restored to possession by paying to the landlord the amount of
the rent, with interest, that is in arrears, costs of the
action, and an attorney fee not to exceed $5, and by performing
any other covenants of the lease.
(b) If the renter has paid to the landlord 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
paragraph (a), the court may permit the renter to pay these
amounts into court and be restored to possession within the same
period of time, if any, for which the court stays the issuance
of the order to vacate under section 42.
(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 42 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 due in the complaint from prior rental
periods before applying any payment toward rent claimed due 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. [504.02, subd. 1]
Subd. 2. [LEASE GREATER THAN 20 YEARS.] (a) If the lease
under which an action is brought under subdivision 1 is for a
term of more than 20 years, the action may not begin until the
landlord serves a written notice on the renter and on all
creditors with legal or equitable recorded liens on the property.
The notice must state:
(1) the lease will be canceled unless the amounts,
agreements, and legal obligations in default are paid or
performed within 30 days, or a longer specified period; and
(2) if the amounts, agreements, and legal obligations are
not paid or performed within that period, then the landlord may
evict the renter at the expiration of the period.
(b) If the lease provides that the landlord must give more
than the 30 days' notice provided in paragraph (a), then notice
must be the same as that provided in the lease.
(c) The renter may be restored to possession of the
property under the terms of the original lease if, before the
expiration of six months after the landlord obtains possession
due to the renter's abandonment or surrender of the property or
the landlord prevails in the action, the renter or a creditor
holding a legal or equitable lien on the property:
(1) pays to the landlord or brings into court the amount of
rent then in arrears, with interest and the costs of the action;
and
(2) performs the other agreements or legal obligations that
are in default. [504.02, subd. 2]
Sec. 20. [504A.205] [TERMINATION OF TENANCY OR OCCUPANCY.]
Subdivision 1. [SALE OF PROPERTY.] (a) A landlord or
person entitled to possession may evict an occupant if the
occupant refuses to leave the property after:
(1) an execution or judgment sale;
(2) foreclosure of a mortgage and expiration of the time
for redemption; or
(3) termination of a contract to convey the mortgage.
(b) If the occupant in paragraph (a), clause (2) or (3), is
a renter, the landlord or person entitled to possession must
give the renter at least one month's written notice to vacate:
(1) no sooner than one month after the expiration of the
time described in paragraph (a), clause (2) or (3), provided
that the renter pays the rent and abides by all terms of the
lease; or
(2) no later than the date of the expiration of the time
described in paragraph (a), clause (2) or (3), provided that the
notice states that the landlord or person entitled to possession
will hold the renter harmless for breaching the lease by
vacating the property if the mortgage is redeemed or the
contract is reinstated. [566.03, subd. 1]
Subd. 2. [HOLDING OVER.] A landlord or person entitled to
possession may evict an occupant:
(1) if the occupant refuses to leave the property on
expiration of a lease or other agreement;
(2) if the occupant violates a condition of the lease or
other agreement; or
(3) after rent is due under the terms of a lease or
agreement. [566.03, subd. 1.]
Subd. 3. [COMBINING ALLEGATIONS.] (a) An action for
eviction may combine the allegation of nonpayment of rent and
the allegation of material violation of the lease, which must be
heard as alternative grounds.
(b) In cases where rent is outstanding, a renter is not
required to pay into court the amount of rent in arrears,
interest, and costs as required under section 19 to defend
against an allegation by the landlord that the renter 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 renter shall be permitted to present defenses
to the court that the rent is not owing. The renter 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
renter to pay rent and any costs determined to be due directly
to the landlord or to be deposited with the court. [566.03,
subd. 5]
Subd. 4. [NO EVICTION IF RENTER HOLDS OVER FOR THREE
YEARS.] Other than an action in ejectment, a landlord may not
bring an action to evict a renter in quiet possession more than
three years after termination of a lease. [566.04]
Subd. 5. [DISTRESS FOR RENT.] The remedy of distress for
rent is abolished. [504.01]
Sec. 21. [504A.211] [DEFENSES.]
Subdivision 1. [NOTICE TO QUIT.] (a) It is a defense to an
action brought under section 20, subdivision 1 or 2, after the
landlord has given notice to quit, for a renter to prove by a
preponderance of the evidence that the termination by the
landlord was intended in whole or in part as a penalty for:
(1) the renter's good faith attempt to secure or enforce
rights under an oral or written lease or contract, under the
laws of the state or any of its governmental subdivisions, or
under the laws of the United States; or
(2) the renter's good faith report to a governmental
authority of the landlord's violation of a health, safety,
housing or building code or ordinance.
(b) If the notice to quit was served within 90 days of the
date of an act that was performed by the renter under paragraph
(a), clause (1) or (2), the burden of proving that the notice to
quit was not served in whole or in part for a retaliatory
purpose is on the landlord. [566.03, subd. 2]
Subd. 2. [NONPAYMENT OF RENT.] It is a defense to an
action brought under section 20, subdivision 2, clause (3), for
the renter to establish by a preponderance of the evidence that
the landlord increased the renter's rent or decreased the
services as a penalty in whole or in part for a lawful act of
the renter as described in subdivision 1, paragraph (a), clause
(1) or (2), providing that the renter pays to the court or to
the landlord the amount of rent due and payable under the
renter's original lease. [566.03, subd. 3]
Sec. 22. [504A.215] [NONLIMITATION OF RIGHTS OF LANDLORD
TO TERMINATE TENANCY.]
Section 21 does not limit the right of a landlord under
section 20:
(1) to terminate a tenancy for a violation by the renter of
a lawful, material provision of an oral or written lease or
contract; or
(2) to hold a tenant liable for damage to the property
caused by the renter or a person acting under the tenant's
direction or control. [566.03, subd. 4]
Sec. 23. [504A.221] [RENTER MAY NOT DENY TITLE;
EXCEPTION.]
A renter in possession of real property under a lawful
lease may not deny the landlord's title in an action brought by
the landlord to evict. This prohibition does not apply to a
renter who, prior to the lease, possesses the property under a
claim of title that is adverse or hostile to that of the
landlord. [504.03]
Sec. 24. [504A.225] [TERMINATING TENANCY AT WILL.]
A tenancy at will may be terminated by either the landlord
or renter giving notice in writing. The time of the notice must
be at least as long as the interval between the time rent is due
or three months, whichever is less. If a renter does not pay
rent due on a tenancy at will, 14 days' notice in writing to
quit, given by the landlord to the renter, is sufficient to
terminate the tenancy. [504.06]
Sec. 25. [504A.231] [RENTER MUST GIVE COLD WEATHER NOTICE
BEFORE VACATION OF BUILDING; MISDEMEANOR.]
A renter who, between November 15 and April 15, vacates
property that contains plumbing, water, steam, or other pipes
liable to injury from freezing must give at least three days'
notice to the landlord. Failure to do so is a misdemeanor.
This penalty does not apply to a lease that expires under its
own terms. [504.08]
Sec. 26. [504A.235] [DOCUMENTS TO BE RECORDED.]
Subdivision 1. [NOTICE OF CANCELLATION OR TERMINATION OF
LEASE.] The county recorder of the county where a lease is
recorded must, upon presentation, record a notice of
cancellation or termination of the lease, or a copy of the
notice, with proof of service, and the affidavit of the landlord
or the landlord's agent or attorney, showing that the renter has
not complied with the terms of the notice. This record is prima
facie evidence of the facts stated in it. [504.09]
Subd. 2. [EVICTION; RECOVERY OF POSSESSION.] (a) The
following documents must be recorded in the office of the county
recorder of the county where property is located if it is
unregistered, or in the office of the registrar of titles of the
county if it is registered:
(1) on eviction of a renter by a landlord, a certified copy
of the judgment; or
(2) on recovery of possession by a landlord by abandonment
or surrender by the renter, an affidavit by the landlord or the
landlord's attorney attesting to that fact.
(b) A recorded certified copy of the judgment or the
affidavit is prima facie evidence of the recovery of possession
by the landlord. [504.02, subd. 3]
Sec. 27. [504A.241] [SECURITY DEPOSITS; DAMAGES.]
Subdivision 1. [APPLICABILITY.] A deposit that is intended
to secure the performance of a residential lease or any part of
such a lease is governed by this section. This section does not
apply to a deposit that is exclusively an advance payment of
rent. [504.20, subd. 1]
Subd. 2. [INTEREST.] (a) A security deposit must be held
by a landlord for a residential tenant and must bear simple
noncompounded interest at the rate of three percent per year
until May 1, 1999, and four percent per year thereafter.
Interest must be computed from the first day of the next month
following the full payment of the deposit to whichever of the
following dates is earlier:
(1) the last day of the month in which the landlord, in
good faith, complies with subdivision 3; or
(2) the date on which judgment is entered in a civil action
involving the landlord's liability for the deposit.
(b) An interest amount less than $1 is not included in the
computation.
(c) A security deposit is not considered a trust fund as
defined in section 82.17, subdivision 7.
(d) The reversion of the interest rate to four percent in
paragraph (a) is subject to review by the legislature in the
1998 session. [504.20, subd. 2; Laws 1996, ch. 357, sec. 2]
Subd. 3. [RETURN OF SECURITY DEPOSIT.] (a) A landlord
shall return the security deposit to the residential tenant,
with interest as provided in subdivision 2, or furnish to the
residential tenant a written statement showing the specific
reason for withholding the deposit or a portion of it within the
following periods:
(1) three weeks after termination of the tenancy and
receipt of the tenant's mailing address or delivery
instructions; or
(2) five days after the date when the residential tenant
leaves the building and receipt of the tenant's mailing address
or delivery instructions if the tenant leaves due to the legal
condemnation of the building in which the tenant lives for
reasons not due to willful, malicious, or irresponsible conduct
of the residential tenant.
(b) The landlord is considered to have complied with the
time requirement of paragraph (a) if the deposit or written
statement is placed in the United States mail as first class
mail, postage prepaid, in an envelope with a proper return
address, correctly addressed according to the mailing address or
delivery instructions furnished by the residential tenant,
within the time required by paragraph (a). The landlord may
withhold from the deposit only amounts reasonably necessary:
(1) to remedy residential tenant defaults in the payment of
rent or of other funds due to the landlord pursuant to an
agreement; or
(2) to restore the property to its condition at the
commencement of the tenancy, ordinary wear and tear excepted.
(c) In an action concerning the deposit, the burden of
proving, by a fair preponderance of the evidence, the reason for
withholding all or any portion of the deposit is on the
landlord. [504.20, subd. 3]
Subd. 4. [TERMINATION OF LANDLORD'S INTEREST.] (a) Upon
termination of the landlord's interest in residential property,
the landlord or the landlord's agent must take one of the
actions described in paragraph (b) either within 60 days of
termination of the interest or when the successor in interest is
required to return or otherwise account for the deposit to the
residential tenant, whichever occurs first. Either action
relieves the landlord or successor in interest from further
liability with respect to the deposit. Termination of the
landlord's interest in the property may occur by sale,
assignment, death, appointment of receiver, or otherwise.
(b) The landlord must:
(1) transfer the deposit, or any remainder after lawful
deductions made under subdivision 3, plus interest as provided
in subdivision 2, to the landlord's successor in interest and
notify the residential tenant of the transfer and of the name
and address of the successor in interest; or
(2) return the deposit, or any remainder after lawful
deductions made under subdivision 3, plus interest as provided
in subdivision 2, to the residential tenant.
(c) Upon termination of the landlord's interest in the
property, the landlord's successor in interest has all of the
rights and obligations of the landlord with respect to the
deposit except that if the residential tenant does not object to
the stated amount within 20 days after written notice of the
amount of deposit being transferred or assumed, the obligation
of the landlord's successor to return the deposit is limited to
the amount contained in the notice. The notice must contain a
stamped envelope addressed to the landlord's successor and may
be given by mail or by personal service. [504.20, subds. 5 and
6]
Subd. 5. [DAMAGES; PENALTY.] (a) A landlord who fails to
comply with subdivision 3 or 4, paragraph (a) or (b), is liable
to the residential tenant for damages that are double the amount
of the deposit withheld by the landlord plus interest as
provided in subdivision 2.
(b) A landlord who in bad faith retains any portion of a
deposit or interest in violation of this section is liable for
punitive damages not to exceed $200 for each deposit in addition
to the damages provided in paragraph (a). If the landlord has
failed to comply with subdivision 3 or 4, retention of a deposit
is presumed to be in bad faith unless the landlord returns the
deposit within two weeks after the beginning of an action for
recovery of the deposit. [504.20, subds. 4 and 7]
Subd. 6. [WITHHOLDING RENT TO RECOVER DEPOSIT.] (a) A
residential tenant may not withhold payment of all or any
portion of rent for the last payment period of a residential
lease on the grounds that the deposit should serve as payment
for the rent. This prohibition does not apply to an oral or
written month-to-month lease where neither the renter nor the
landlord has served a notice to quit.
(b) Withholding rent as described in paragraph (a) creates
a rebuttable presumption that the residential tenant withheld
the last payment on the grounds that the deposit should serve as
payment for the rent.
(c) A residential tenant who remains in violation of this
subdivision after written demand and notice of this subdivision
is liable to the landlord for damages in an amount equal to:
(1) the portion of the deposit that the landlord is
entitled to withhold under subdivision 3, other than to remedy
the residential tenant's default in the payment of rent under
subdivision 3, paragraph (b), clause (1), plus interest on the
deposit as provided in subdivision 2, as a penalty; and
(2) the amount of rent withheld by the residential tenant
in violation of this subdivision. [504.20, subd. 7a]
Subd. 7. [WHERE TO BRING ACTION TO RECOVER DEPOSIT.] An
action, including an action in conciliation court, for the
recovery of a deposit on rental property may be brought in the
county where the rental property is located, or at the option of
the residential tenant, in the county of the landlord's
residence. [504.20, subd. 7b]
Subd. 8. [WAIVER NOT ALLOWED.] Any attempted waiver of
this section by a landlord and residential tenant, by contract
or otherwise, is void and unenforceable. [504.20, subd. 8]
Subd. 9. [APPLICABILITY.] (a) This section applies only to
tenancies beginning or renewed on or after July 1, 1973.
(b) For the purposes of this section, tenancies at will are
considered to be renewed at the beginning of each rental
period. [504.20, subd. 9]
Sec. 28. [504A.245] [ABANDONMENT OF PERSONAL PROPERTY BY
RESIDENTIAL TENANT.]
Subdivision 1. [DUTY OF LANDLORD.] (a) If a residential
tenant abandons real property, the landlord may take possession
of the tenant's personal property remaining on the property and
shall store and care for the property. The landlord has a claim
against the tenant for reasonable costs and expenses incurred in
removing, storing, and caring for the property.
(b) The landlord may sell or otherwise dispose of the
property 60 days after receiving actual notice of the
abandonment of the real property or 60 days after it reasonably
appears to the landlord that the residential tenant has
abandoned the real property, whichever occurs last. The
landlord may apply a reasonable amount of the proceeds of the
sale to the removal, care, and storage costs and expenses or to
any claims authorized pursuant to section 27, subdivision 3,
paragraphs (a) and (b). Any remaining proceeds of the sale must
be paid to the tenant upon written demand.
(c) The landlord shall make reasonable efforts to notify
the residential tenant of the sale at least 14 days prior to the
sale by:
(1) personal service in writing or by sending written
notification of the sale by certified mail, return receipt
requested, to the residential tenant's last known address or
usual place of abode, if known by the landlord; and
(2) posting notice of the sale in a conspicuous place on
the property for at least two weeks. [504.24, subd. 1]
Subd. 2. [LANDLORD'S LIABILITY FOR DAMAGES ON FAILURE TO
RETURN PROPERTY.] (a) The landlord, an agent, or other person
acting under the landlord's direction or control, who is in
possession of a residential tenant's personal property, must
allow the residential tenant to retake possession of the
property after written demand by the residential tenant or
authorized representative:
(1) within 24 hours; or
(2) within 48 hours, exclusive of weekends and holidays, if
the landlord, an agent, or other person acting under the
landlord's direction or control has removed and stored the
personal property in accordance with subdivision 1 in a location
other than the rental property.
(b) Except as specified in paragraph (c), if the landlord
fails to comply with paragraph (a), the residential tenant shall
recover punitive damages from the landlord not to exceed $300 in
addition to actual damages and reasonable attorney fees. In
determining the amount of punitive damages, the court shall
consider:
(1) the nature and value of the property;
(2) the effect the deprivation of the property has had on
the residential tenant;
(3) if the landlord, an agent, or other person acting under
the landlord's direction or control unlawfully took possession
of the residential tenant's property; and
(4) if the landlord, an agent, or other person acting under
the landlord's direction or control acted in bad faith in
failing to allow the residential tenant to retake possession of
the property.
(c) Paragraph (b) does not apply to landlords who are
housing authorities created or authorized to be created by
sections 469.001 to 469.047, their agents, and employees.
(d) This subdivision does not apply to personal property
that has been sold or otherwise disposed of by the landlord in
accordance with subdivision 1. [504.24, subd. 2]
Subd. 3. [LANDLORD'S LIABILITY FOR STORAGE EXPENSES.] If
the landlord, an agent, or other person acting under the
landlord's direction or control has unlawfully taken possession
of a residential tenant's personal property, the landlord is
responsible for paying the costs and expenses relating to the
removal, storage, or care of the property. [504.24, subd. 3]
Sec. 29. [504A.251] [UNLAWFUL REMOVAL OR EXCLUSION.]
(a) A landlord, an agent, or other person acting under the
landlord's direction or control is guilty of a misdemeanor if
that person:
(1) unlawfully and intentionally removes or excludes a
residential tenant; or
(2) intentionally interrupts or causes the interruption of
electrical, heat, gas, or water services to a residential tenant
with intent to unlawfully remove or exclude the tenant from the
tenant's property.
(b) In a trial under this subdivision, it is presumed that
the intent requirement of paragraph (a), clause (2), has been
met if evidence establishes 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 residential tenant. The burden is on the
landlord to rebut the presumption.
(c) If a landlord, agent, or other person acting under the
landlord's direction or control, unlawfully and in bad faith,
removes, excludes, or forcibly keeps out a residential tenant
from residential premises, the tenant may recover from the
landlord treble damages or $500, whichever is greater, and
reasonable attorney's fees. [504.25; 504.255]
Sec. 30. [504A.253] [UNLAWFUL INTERRUPTION OR TERMINATION
OF UTILITIES.]
(a) A residential tenant may recover from a landlord treble
damages or $500, whichever is greater, and reasonable attorney
fees, if the landlord, an agent, or other person acting under
the landlord's direction or control interrupts or causes the
interruption of electricity, heat, gas, or water services to the
residential tenant.
(b) It is a defense to an action brought under paragraph
(a) that the interruption was the result of the deliberate or
negligent act or omission of a residential tenant or other
person acting under the direction or control of the residential
tenant.
(c) A residential tenant may recover only actual damages
under paragraph (a) if:
(1) the residential tenant has not given the landlord, an
agent, or other person acting under the landlord's direction or
control, notice of the interruption;
(2) after receiving notice of the interruption from the
tenant, the landlord, an agent, or other person acting under the
landlord's direction or control, has reinstated or made a good
faith effort to reinstate the service, or has taken other
remedial action within a reasonable period of time after the
interruption, taking into account:
(i) the nature of the service interrupted; and
(ii) the effect of the interrupted service on the health,
welfare, and safety of the tenants; or
(3) the interruption was for the purpose of repairing or
correcting faulty or defective equipment or protecting the
health and safety of the residential tenants and the landlord,
an agent, or other person acting under the landlord's direction
or control, has reinstated or made a good faith effort to
reinstate the service, or has taken other remedial action,
taking into account:
(i) the nature of the defect;
(ii) the nature of the service interrupted; and
(iii) the effect of the interrupted service on the health,
welfare, and safety of the tenants. [504.255; 504.26]
Sec. 31. [504A.255] [RESTRICTION ON EVICTION DUE TO
FAMILIAL STATUS.]
(a) A residential tenant may not be evicted or denied
continuing tenancy or lease renewal on the basis of familial
status as defined in section 363.01, subdivision 19, if the
status began during the tenancy unless:
(1) one year has elapsed from the beginning of the familial
status; and
(2) the landlord has given the tenant six months' prior
notice in writing.
(b) Paragraph (a) does not apply in the case of nonpayment
of rent, damage to the property, disturbance of other tenants,
or other breach of a lease. [504.265, subds. 1 and 2]
Sec. 32. [504A.261] [REMEDIES ARE ADDITIONAL.]
The remedies in sections 28 to 31 are in addition to and do
not limit other rights or remedies available to landlords and
residential tenants. An oral or written provision of a lease or
other agreement, in which a provision of sections 28 to 31 is
waived by a residential tenant, is contrary to public policy and
void. Sections 28 to 31 also apply to occupants and owners of
residential real property that is the subject of a mortgage
foreclosure or contract for deed cancellation and for which the
period for redemption or reinstatement of the contract has
expired. [504.27]
Sec. 33. [504A.265] [TERMINATION OF LEASE UPON DEATH OF
RESIDENTIAL TENANT.]
Subdivision 1. [TERMINATION OF LEASE.] (a) A party to a
lease of residential property other than a tenancy at will, may
terminate the lease prior to its expiration date on the death of
the residential tenant or, if there is more than one tenant,
upon the death of all tenants.
(b) At least two months' written notice must be given by
the landlord or the personal representative of the residential
tenant's estate, effective on the last day of a calendar month,
and hand delivered or mailed by postage prepaid, first class
United States mail, to the address of the other party. The
landlord may comply with the notice requirement by delivering or
mailing the notice to the property formerly occupied by the
residential tenant.
(c) The termination of a lease under this subdivision does
not relieve the residential tenant's estate from liability for
payment of rent or other money owed before or during the notice
period, or for the payment of money necessary to restore the
property to its condition at the beginning of the tenancy,
ordinary wear and tear excepted. [504.28, subds. 1 and 2]
Subd. 2. [WAIVER NOT ALLOWED.] (a) The following
modifications of subdivision 1 are void and unenforceable:
(1) a waiver by a landlord and residential tenant or
tenant's personal representative, by contract or otherwise, of
the right of termination; and
(2) a lease provision or agreement requiring a longer
notice period.
(b) The landlord and residential tenant or tenant's
personal representative may agree to modify specific provisions
of subdivision 1 other than those prohibited in paragraph (a).
[504.28, subd. 3]
Subd. 3. [APPLICABILITY.] This section applies to leases
entered into or renewed after May 12, 1981. [504.28, subd. 4]
Sec. 34. [504A.271] [TERMINATION NOTICE FOR FEDERALLY
SUBSIDIZED HOUSING.]
A landlord of federally subsidized rental housing must give
residential tenants a one-year written notice under the
following conditions:
(1) a federal section 8 contract will expire;
(2) the landlord will exercise the option to terminate or
not renew a federal section 8 contract and mortgage;
(3) the landlord will prepay a mortgage and the prepayment
will result in the termination of any federal use restrictions
that apply to the housing; or
(4) the landlord will terminate a housing subsidy program.
The notice must be provided at the beginning of the lease
if it begins less than one year before any of the conditions in
clauses (1) to (4) apply. [504.32]
Sec. 35. [504A.275] [UNLAWFUL OCCUPATION OR POSSESSION.]
No person may occupy or take possession of real property
except where occupancy or possession is allowed by law, and in
such cases, the person may not enter by force, but only in a
peaceable manner. [566.01]
EVICTION PROCEEDINGS
Sec. 36. [504A.290] [WHEN PERMITTED.]
A person may be evicted, removed, or excluded from real
property as described in sections 20, 35, 76, or 77 or when a
person unlawfully occupies or takes possession of real property
or unlawfully retains possession of real property. [566.02]
Sec. 37. [504A.301] [SCOPE; COMPLAINT AND SUMMONS.]
Subdivision 1. [SCOPE.] Sections 37 to 51 govern eviction
proceedings.
Subd. 2. [COMPLAINT AND SUMMONS.] (a) To bring an action
for eviction, a landlord or person entitled to possession must
file a complaint with the court, stating the full name and date
of birth of the person against whom the complaint is made,
unless it is not known, describing the property, stating the
facts that authorize the action, and asking that the occupant be
evicted. The lack of the full name and date of birth of the
occupant does not deprive the court of jurisdiction or make the
complaint invalid.
(b) The court shall issue a summons, ordering the occupant
to appear before the court on a day and at a place stated in the
summons.
(c) The appearance must be ordered within seven to 14 days
from the day of issuing the summons, except as provided by
paragraph (d).
(d) In an eviction action brought under section 76 or on
the basis that the occupant is causing a nuisance or other
illegal behavior that seriously endangers the safety of other
residents, their property, or the landlord's property, the
person filing the complaint shall file an affidavit stating
specific facts and instances in support of why an expedited
hearing is required. The complaint and affidavit shall be
reviewed by a referee or judge and scheduled for an expedited
hearing only if sufficient supporting facts are stated and they
meet the requirements of this paragraph. The appearance in an
expedited hearing shall be not less than five days nor more than
seven days from the date the summons is issued. The summons, in
an expedited hearing, shall be served upon the occupant within
24 hours of issuance unless the court orders otherwise for good
cause shown. If the court determines that the person seeking an
expedited hearing did so without sufficient basis under the
requirements of this paragraph, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.
(e) A copy of the complaint must be attached to the
summons, which must state that the copy is attached and that the
original has been filed. [566.05]
Sec. 38. [504A.305] [EXPEDITED PROCEEDINGS.]
A landlord 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 37. [566.051]
Sec. 39. [504A.311] [SUMMONS; HOW SERVED.]
(a) The summons must be served at least seven days before
the date of the court appearance specified in section 37,
subdivision 2, paragraph (b), in the manner provided for service
of a summons in a civil action in district court. It may be
served by any person not named a party to the action.
(b) If the defendant cannot be found in the county, the
summons may be served at least seven days before the date of the
court appearance by:
(1) leaving a copy at the defendant's last usual place of
abode with a family member or a person of suitable age and
discretion residing there; or
(2) if the defendant had no place of abode, by leaving a
copy at the property described in the complaint with a person of
suitable age and discretion residing there.
(c) Failure of the sheriff or constable to serve the
defendant is prima facie proof that the defendant cannot be
found in the county.
(d) Where the defendant cannot be found in the county,
service of the summons may be made upon the defendant by posting
the summons in a conspicuous place on the property for not less
than one week if:
(1)(i) the property described in the complaint is
nonresidential and no person actually occupies the property; or
(ii) the property described in the complaint is residential
and service has been attempted at least twice on different days,
with at least one of the attempts having been made between the
hours of 6:00 and 10:00 p.m.; and
(2) the plaintiff or the plaintiff's attorney has filed an
affidavit stating that:
(i) the defendant cannot be found or that the person filing
the affidavit or that person's attorney believes that the
defendant is not in the state; and
(ii) a copy of the summons has been mailed to the defendant
at the defendant's last known address if any is known to the
plaintiff.
(e) If the defendant or the defendant's attorney does not
appear in court on the date of the appearance, the trial shall
proceed. [566.06]
Sec. 40. [504A.315] [ANSWER; TRIAL.]
(a) At the court appearance specified in the summons, the
renter may answer the complaint, and the court shall hear and
determine the action, unless it adjourns the trial as provided
in section 41.
(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 37 to 51.
(d) The court, in scheduling appearances and hearings under
this section, shall give priority to any unlawful detainer
brought under section 76, or on the basis that the renter is
causing a nuisance or seriously endangers the safety of other
residents, their property, or the landlord's property. [566.07]
Sec. 41. [504A.321] [ADJOURNMENT.]
(a) In all actions brought under sections 37 to 51, the
court, in its discretion, may adjourn the trial for no more than
six days unless all parties consent to a longer adjournment.
(b) In all actions brought under sections 37 to 51, other
than actions on a written lease signed by both parties, the
court shall adjourn the trial as necessary but for no more than
three months if the defendant or the defendant's agent or
attorney:
(1) swears that the defendant cannot proceed to trial
because a material witness is not present;
(2) names the witness;
(3) swears that the defendant has made due exertion to
obtain the witness;
(4) states the belief that if the adjournment is allowed
the defendant will be able to procure the attendance of the
witness at the trial or to obtain the witness' deposition; and
(5) gives a bond that the landlord will be paid all rent
that accrues during the pendency of the action and all costs and
damages that accrue due to the adjournment. [566.08]
Sec. 42. [504A.325] [ORDER TO VACATE; FINE; EXECUTION.]
Subdivision 1. [GENERAL.] (a) If the court or jury finds
for the plaintiff, the court shall immediately enter judgment
and execute an order that the defendant must vacate the property
and that costs are assessed against the defendant. The court
shall stay the order to vacate for a reasonable period, but not
more than seven days, if the defendant shows that immediate
vacation of the property would be a substantial hardship on the
defendant or the defendant's family, except that this provision
does not apply to actions brought:
(1) under section 77 as required by section 609.5317,
subdivision 1;
(2) under section 76; 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.
(b) If the court or jury finds for the defendant, the court
shall enter judgment for the defendant assessing costs against
the plaintiff and issue a writ of execution for the costs.
(c) The court shall give priority in issuing an order to
vacate the property in an eviction action brought under section
76 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. [566.09, subd. 1]
Subd. 2. [EXPEDITED WRIT.] If the court enters judgment
for the landlord in an action brought under section 77 as
required by section 609.5317, subdivision 1, the court may not
stay issuance of the order to vacate unless the court makes
written findings specifying extraordinary and exigent
circumstances. On issuing those findings, the court may stay
the order for a reasonable period but not more than seven days.
[566.09, subd. 2]
Sec. 43. [504A.331] [FAILURE OF JURY TO REACH A VERDICT.]
If the jury cannot reach upon a verdict, the court may
discharge the members and issue an order impaneling a new jury.
[566.10]
Sec. 44. [504A.335] [ORDER TO VACATE; EFFECT OF APPEAL.]
(a) If the defendant or the defendant's attorney against
whom an order to vacate is entered informs the court the
defendant intends to appeal, the court shall not issue an order
to vacate for at least 24 hours after judgment.
(b) Notwithstanding paragraph (a), in an action on a lease
against a renter who retains possession after the expiration of
the term of the lease, or a termination by a notice to quit, an
order to vacate may be issued immediately if the landlord gives
a bond that the landlord will pay all costs and damages if, on
appeal, the order to vacate is reversed and a new trial is
ordered. [566.11]
Sec. 45. [504A.341] [APPEAL; STAY.]
(a) Either party may appeal the judgment within ten days as
provided for civil actions in district court except that if the
party appealing remains in possession of the property, that
party must give bond that:
(1) all costs of the appeal will be paid;
(2) the order on appeal will be observed; and
(3) all rent and other damages will be paid to the party
excluded from possession during the pendency of the appeal.
(b) After the appeal is taken, all further proceedings in
the case are stayed, except as provided in section 44, paragraph
(b). In that case, the appellate court shall issue orders
necessary to carry out its judgment. [566.12]
Sec. 46. [504A.345] [APPEAL AFTER ORDER TO VACATE; STAY.]
(a) If an order to vacate has been issued before an appeal
is made, the court shall give the appellant a certificate to
that effect. When the officer who has the order to vacate is
served with the certificate, the officer shall cease all further
proceedings under it. If the order has not been completely
executed, the renter shall remain in possession of the property
until the appeal is decided.
(b) This section does not apply to a renter who retains
possession as described in section 44, paragraph (b). [566.13]
Sec. 47. [504A.351] [DISMISSAL OF APPEALS; AMENDMENTS;
RETURN.]
In all cases of appeal, the appellate court shall not
dismiss proceedings solely because the requirements of sections
37 to 51 have not been met, as long as the proceedings have been
conducted substantially in accordance with sections 37 to 51.
Amendments may be allowed at any time the court finds justified,
as in other civil cases in district court. The appellate court
may compel the trial court, by attachment, to make or amend any
return which is withheld or improperly or insufficiently made.
[566.14]
FORMS; EVICTION PROCEEDINGS
Sec. 48. [504A.401] [FORM OF VERDICT.]
The verdict of the jury or the finding of the court in
favor of the plaintiff in an action under sections 37 to 51 must
be substantially in the following form:
At a court held at ....., on the ..... day of .....,
19....., before ....., a judge in and for the county of ..... in
an action between ....., plaintiff, and ....., defendant, the
jury (or, if the action is tried without a jury, the court)
finds that the facts alleged in the complaint are true, and the
defendant shall vacate the property immediately.
.....................
Judge of .............court.
If the verdict or finding is for the defendant, it is
sufficient to find that the facts alleged in the complaint are
not true. [566.15]
Sec. 49. [504A.405] [FORMS OF SUMMONS AND ORDER.]
The summons and order to vacate may be substantially in the
following forms:
FORM OF SUMMONS
State of Minnesota)
) ss.
County of ........)
Whereas, ....., of ....., has filed with the undersigned, a
judge of county stated, a complaint against ....., of .....,
copy attached: You are hereby summoned to appear before the
undersigned on the ..... day of ....., 19....., at ..... o'clock
.....m., at ....., to answer and defend against the complaint
and to further be dealt with according to law.
Dated at ....., this ..... day of ....., 19.....
.............................,
Judge of ....... court.
FORM OF ORDER TO VACATE
State of Minnesota)
) ss.
County of ........)
The State of Minnesota, to the Sheriff or Any Constable of
the County:
Whereas, ....., the plaintiff, of ....., in an action for
an order to vacate, at a court held at ....., in the county of
..........., on the ..... day of ....., 19....., before ....., a
judge of the county, recovered a judgment against ....., the
defendant, of ....., to have the following property vacated
(describe here the property as in the complaint):
Therefore, you are commanded that, taking with you the
force of the county, if necessary, you cause the defendant to be
immediately removed from the property, and the plaintiff to
recover the property. You are also commanded that from the
personal property of the defendant within the county that you
seize and sell, the plaintiff be paid ... dollars, as the costs
assessed against the defendant, together with 25 cents for this
order. You are ordered to return with this order within 30 days.
Dated at ....., this ..... day of ....., 19.....
.............................,
Judge of ........ court. [566.16, subd. 1]
Sec. 50. [504A.411] [NOTICE OF PRIORITY ORDER.]
The court shall identify an order to vacate property that
is issued pursuant to an eviction action under section 76, 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 order to vacate that
it is a priority order. Notice that it is a priority order must
be made in a manner that is obvious to an officer who must
execute the order under section 51. [566.16, subd. 2]
Sec. 51. [504A.415] [EXECUTION OF THE ORDER TO VACATE.]
Subdivision 1. [GENERAL.] (a) The officer who holds the
order to vacate shall execute it by demanding that the renter,
if found in the county, any adult member of the renter's family
who is occupying the property, or any other person in charge, to
leave, taking family and all personal property from the property
within 24 hours.
(b) If the renter fails to comply with the demand, then the
officer shall bring, if necessary, the force of the county and
any necessary assistance, at the cost of the landlord. The
officer shall remove the renter, family, and all personal
property from the property and place the landlord in possession.
(c) If the renter cannot be found in the county, and there
is no person in charge of the property, then the officer shall
enter the property, breaking in if necessary, and remove and
store the personal property of the renter at a place designated
by the landlord as provided in subdivision 3.
(d) The order may also be executed by a licensed police
officer or community crime prevention licensed police officer.
[566.17, subd. 1]
Subd. 2. [PRIORITY; EXECUTION OF PRIORITY ORDER.] An
officer shall give priority to the execution, under this
section, of any order to vacate that is based on an eviction
action under section 76, or on the basis that the renter is
causing a nuisance or seriously endangers the safety of other
residents, their property, or the landlord's property. [566.17,
subd. 1a]
Subd. 3. [REMOVAL AND STORAGE OF PROPERTY.] (a) If the
renter's personal property is to be stored in a place other than
the property, the officer shall remove all personal property of
the renter at the expense of the landlord.
(b) The renter must make immediate payment for all expenses
of removing personal property from the property. If the renter
fails or refuses to do so, the landlord has a lien on all the
personal property for the reasonable costs and expenses incurred
in removing, caring for, storing, and transporting it to a
suitable storage place.
(c) The landlord may enforce the lien by detaining the
personal property until paid. If no payment has been made for
60 days after the execution of the order to vacate, the landlord
may hold a public sale as provided in sections 514.18 to 514.22.
(d) If the renter's personal property is to be stored on
the property, the officer shall enter the property, breaking in
if necessary, and the landlord may remove the renter's personal
property. Section 28 applies to personal property removed under
this paragraph. The landlord must prepare an inventory and mail
a copy of the inventory to the renter's last known address or,
if the renter has provided a different address, to the address
provided. The inventory must be prepared, signed, and dated in
the presence of the officer and must include the following:
(1) a list of the items of personal property and a
description of its condition;
(2) the date, the signature of the renter or the renter's
agent, and the name and telephone number of a person authorized
to release the personal property; and
(3) the name and badge number of the officer.
(e) The officer must retain a copy of the inventory.
(f) The landlord is responsible for the proper removal,
storage, and care of the renter's personal property and is
liable for damages for loss of or injury to it caused by the
landlord's failure to exercise the same care that a reasonably
careful person would exercise under similar circumstances.
(g) The landlord shall notify the renter of the date and
approximate time the officer is scheduled to remove the renter,
family, and personal property from the property. The notice
must be sent by first-class mail. In addition, the landlord
must make a good faith effort to notify the renter by
telephone. The notice must be mailed as soon as the information
regarding the date and approximate time the officer is scheduled
to enforce the order is known to the landlord, except that the
scheduling of the officer to enforce the order need not be
delayed because of the notice requirement. The notice must
inform the renter that the renter and the renter's personal
property will be removed from the property if the renter has not
vacated the property by the time specified in the notice.
[566.17, subd. 2]
Subd. 4. [SECOND AND FOURTH JUDICIAL DISTRICTS.] In the
second and fourth judicial districts, the housing calendar
consolidation project shall retain jurisdiction in matters
relating to removal of personal property under this section. If
the landlord refuses to return the property after proper demand
is made as provided in section 28, the court shall enter an
order requiring the landlord to return the property to the
renter and awarding reasonable expenses including attorney fees
to the renter. [566.17, subd. 2a]
Subd. 5. [PENALTY; WAIVER NOT ALLOWED.] Unless the
property has been abandoned, a landlord, an agent, or other
person acting under the landlord's direction or control who
enters the property and removes the renter's personal property
in violation of this section is guilty of an unlawful eviction
under section 29, paragraph (c), and is subject to penalty under
section 29, paragraph (a). This section may not be waived or
modified by lease or other agreement. [566.17, subd. 3]
Sec. 52. [504A.421] [UNLAWFUL EXCLUSION OR REMOVAL;
RECOVERY OF POSSESSION.]
Subdivision 1. [UNLAWFUL EXCLUSION OR REMOVAL.] (a) This
section applies to actual or constructive removal or exclusion
of a residential tenant 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 property as described in paragraphs (b) to (e).
(b) The residential tenant shall present a verified
petition to the county or municipal court of the county in which
the property is located that:
(1) describes the property and the landlord;
(2) specifically states the facts and grounds that
demonstrate that the eviction was unlawful, including a
statement that no judgment and order to vacate has been issued
under section 42 in favor of the landlord and against the
residential tenant and executed in accordance with section 51;
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 residential tenant or the residential tenant's attorney
or agent that the eviction was unlawful, the court shall
immediately order that the residential tenant have possession of
the property.
(d) The residential tenant 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 residential tenant's ability to afford monetary
security.
(e) The court shall direct the order to the sheriff or any
constable of the county in which the property is located and the
sheriff or constable 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 property. 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 property. If the
landlord, the landlord's agent, or other person in control of
the property 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 property. 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. [566.175, subd. 1]
Subd. 2. [MOTION FOR DISSOLUTION OR MODIFICATION OF
ORDER.] The landlord may, by written motion and notice served by
mail or personally on the residential tenant or the residential
tenant's 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
residential tenant proves the facts and grounds on which the
order is issued. A landlord bringing a motion under this
subdivision may recover possession of the property only in
accordance with sections 20 to 22 and 37 to 51 or otherwise
provided by law. Upon the dissolution of the order, the court
shall assess costs against the residential tenant, 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 residential tenant
reasonable attorney fees. [566.175, subd. 2]
Subd. 3. [FINALITY OF ORDER.] An order issued under
subdivision 1, paragraph (c), or affirmed, modified, or
dissolved under subdivision 2, is a final order for purposes of
appeal. Either party may appeal the order may appeal within ten
days after entry. If the party appealing remains in possession
of the property, bond must be given to:
(1) pay all costs of the appeal;
(2) obey the court's order; and
(3) pay all rent and other damages that justly accrue to
the party excluded from possession during the pendency of the
appeal. [566.175, subd. 3]
Subd. 4. [WAIVER NOT ALLOWED.] A provision of an oral or
written lease or other agreement in which a residential tenant
waives this section is contrary to public policy and void.
[566.175, subd. 4]
Subd. 5. [PURPOSE.] The purpose of this section is to
provide an additional and summary remedy for residential tenants
unlawfully evicted from rental property and except where
expressly provided in this section, sections 20 to 22 and 39 to
51 do not apply to proceedings under this section. [566.175,
subd. 5]
Subd. 6. [APPLICATION.] In addition to residential tenants
and landlords, this section applies to:
(1) occupants and owners of residential real property that
is the subject of a mortgage foreclosure or contract for deed
cancellation for which the period for redemption or
reinstatement of the contract has expired; and
(2) mortgagees and contract for deed vendors. [566.175,
subd. 6]
RESIDENTIAL TENANT REMEDIES; CODE VIOLATIONS
Sec. 53. [504A.501] [INSPECTION; NOTICE.]
Subdivision 1. [WHO MAY REQUEST.] On demand by a
residential tenant, neighborhood organization with the written
permission of a residential tenant or, if a residential building
is unoccupied, by a neighborhood organization, an inspection
shall be made by the local authority charged with enforcing a
code claimed to be violated. [566.19, subd. 1]
Subd. 2. [NOTICE.] (a) After the local authority has
inspected the residential building under subdivision 1, the
inspector shall inform the landlord or the landlord's agent and
the complaining residential tenant or neighborhood organization
in writing of any code violations discovered.
(b) A reasonable period of time must be allowed in which to
correct the violations. [566.19, subd. 2]
Subd. 3. [WHEN ACTION MAY BE BROUGHT.] (a) After an
inspection has been made, an action may not be brought under
sections 53 to 69 until the time granted under subdivision 2,
paragraph (b), has expired and satisfactory repairs have not
been made.
(b) Notwithstanding paragraph (a), an action may be brought
if the residential tenant, or neighborhood organization with the
written permission of a tenant, alleges the time in subdivision
1, paragraph (b), is excessive. [566.19, subd. 3]
Subd. 4. [LANDLORD MUST BE INFORMED.] A landlord must be
informed in writing of an alleged violation at least 14 days
before an action is brought by:
(1) a residential tenant of a residential building in which
a violation as defined in section 1, subdivision 13, clause (2)
or (3), is alleged to exist; or
(2) a neighborhood organization, with the written
permission of a residential tenant of a residential building in
which a violation, as defined in section 1, subdivision 13,
clause (2), is alleged to exist.
The notice requirement may be waived if the court finds
that the landlord cannot be located despite diligent efforts.
[566.19, subd. 4]
Sec. 54. [504A.505] [SPECIAL PROCEEDING.]
Subdivision 1. [WHO MAY BRING ACTION.] An action may be
brought in district court by:
(1) a residential tenant of a residential building in which
a violation, as defined in section 1, subdivision 13, is alleged
to exist;
(2) a neighborhood organization with the written permission
of a residential tenant of a residential building in which a
violation, as defined in section 1, subdivision 13, clause (1)
or (2), is alleged to exist;
(3) by a neighborhood organization that has within its
geographical area an unoccupied residential building in which a
violation, as defined in section 1, subdivision 13, clause (1)
or (2), is alleged to exist; or
(4) a state, county, or local department or authority,
charged with the enforcement of codes relating to health,
housing, or building maintenance. [566.20, subd. 1]
Subd. 2. [VENUE.] The venue of the action authorized by
this section is the county where the residential building
alleged to contain violations is located. [566.20, subd. 2]
Subd. 3. [SUMMONS AND COMPLAINT REQUIRED.] The action must
be begun by service of a complaint and summons. The summons may
be issued only by a judge or court administrator. [566.20, subd.
3]
Subd. 4. [CONTENTS OF COMPLAINT.] (a) The complaint must
be verified and must:
(1) allege material facts showing that a violation or
violations exist in the residential building;
(2) state the relief sought; and
(3) list the rent due each month from each dwelling unit
within the residential building, if known.
(b) If the violation is a violation as defined in section
1, subdivision 13, clause (1), the complaint must be accompanied
by:
(1) a copy of the official report of inspection by a
department of health, housing, or buildings, certified by the
custodian of records of that department stating:
(i) when and by whom the residential building concerned was
inspected;
(ii) what code violations were recorded; and
(iii) that notice of the code violations has been given to
the landlord; or
(2) a statement that a request for inspection was made to
the appropriate state, county, or municipal department, that
demand was made on the landlord to correct the alleged code
violation, and that a reasonable period of time has elapsed
since the demand or request was made. [566.20, subd. 4]
Sec. 55. [504A.511] [EMERGENCY RELIEF PROCEEDING.]
Subdivision 1. [PETITION.] A person authorized to bring an
action under section 54, subdivision 1, 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 landlord is
responsible for providing. [566.205, subd. 1]
Subd. 2. [VENUE.] The venue of the action authorized by
this section is the county where the residential building
alleged to contain the emergency condition is located.
[566.205, subd. 2]
Subd. 3. [PETITION INFORMATION.] The petitioner must
present a verified petition to the district court that contains:
(1) a description of the property and the identity of the
landlord;
(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. [566.205, subd. 3]
Subd. 4. [NOTICE.] The petitioner must attempt to notify
the landlord, 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 landlord if the court finds
that reasonable efforts, as contained in the petition or by
separate affidavit, were made to notify the landlord but that
the efforts were unsuccessful. [566.205, subd. 4]
Subd. 5. [RELIEF; SERVICE OF ORDER.] The court may order
relief as provided in section 60. The petitioner shall serve
the order on the landlord personally or by mail as soon as
practicable. [566.205, subd. 5]
Subd. 6. [LIMITATION.] The residential tenant remedy under
this section does not extend to emergencies that are the result
of the deliberate or negligent act or omission of a residential
tenant or anyone acting under the direction or control of the
residential tenant. [566.205, subd. 6]
Subd. 7. [EFFECT OF OTHER LAWS.] Section 53 does not apply
to a petition for emergency relief under this section.
[566.205, subd. 7]
Sec. 56. [504A.515] [SUMMONS.]
Subdivision 1. [CONTENTS.] (a) On receipt of the complaint
in section 54, the court administrator shall prepare a summons.
The summons shall:
(1) specify the time and place of the hearing to be held on
the complaint; and
(2) state that if at the time of the hearing a defense is
not interposed and established by the landlord, judgment may be
entered for the relief requested and authorized by sections 53
to 69.
(b) The hearing must be scheduled within five to ten days
after receipt of the complaint by the court administrator.
[566.21, subd. 1]
Subd. 2. [SERVICE.] The summons and complaint must be
served upon the landlord or the landlord's agent within five to
ten days before the hearing. Service shall be by personal
service upon the defendant pursuant to the Minnesota Rules of
Civil Procedure. If service cannot be made with due diligence,
service may be made by affixing a copy of the summons and
complaint prominently to the residential building involved, and
mailing at the same time a copy of the summons and complaint by
certified mail to the last known address of the landlord.
[566.21, subd. 2]
Sec. 57. [504A.521] [ANSWER.]
At or before the time of the hearing, the landlord may
answer in writing. Defenses that are not contained in a written
answer must be orally pleaded at the hearing before any
testimony is taken. No delays in the date of hearing may be
granted to allow time to prepare a written answer or reply
except with the consent of all parties. [566.22]
Sec. 58. [504A.525] [DEFENSES.]
It is a sufficient defense to a complaint under section 54
or 70 that:
(1) the violation or violations alleged in the complaint do
not exist or that the violation or violations have been removed
or remedied;
(2) the violations have been caused by the willful,
malicious, negligent, or irresponsible conduct of a complaining
residential tenant or anyone under the tenant's direction or
control; or
(3) a residential tenant of the residential building has
unreasonably refused entry to the landlord or the landlord's
agent to a portion of the property for the purpose of correcting
the violation, and that the effort to correct was made in good
faith. [566.23]
Sec. 59. [504A.531] [HEARING.]
If issues of fact are raised, they must be tried by the
court without a jury. The court may grant a postponement of the
trial on its own motion or at the request of a party if it
determines that postponements are necessary to enable a party to
procure necessary witnesses or evidence. A postponement must be
for no more than ten days except by consent of all appearing
parties. [566.24]
Sec. 60. [504A.535] [JUDGMENT.]
(a) If the court finds that the complaint in section 54 has
been proved, it may, in its discretion, take any of the actions
described in paragraphs (b) to (g), either alone or in
combination.
(b) It may order the landlord to remedy the violation or
violations found by the court to exist if the court is satisfied
that corrective action will be undertaken promptly.
(c) It may order the residential tenant to remedy the
violation or violations found by the court to exist and deduct
the cost from the rent subject to the terms as the court
determines to be just.
(d) It may appoint an administrator with powers described
in section 64, and direct that:
(1) the following rents due shall be deposited with the
administrator appointed by the court:
(i) rents on and from the day of entry of judgment, in the
case of petitioning residential tenants or neighborhood
organizations; and
(ii) rents on and from the day of service of the judgment
on all other residential and commercial tenants of the
residential building, if any; and
(2) the administrator use the rents collected to remedy the
violations found to exist by the court by paying the debt
service, taxes, and insurance, and providing the services
necessary to the ordinary operation and maintenance of the
residential building which the landlord is obligated to provide
but fails or refuses to provide.
(e) It may find the extent to which any uncorrected
violations impair the residential tenants' use and enjoyment of
the property contracted for and order the rent abated
accordingly. If the court enters judgment under this paragraph,
the parties shall be informed and the court shall determine the
amount by which the rent is to be abated.
(f) It may, after termination of administration, continue
the jurisdiction of the court over the residential building for
a period of one year and order the landlord to maintain the
residential building in compliance with all applicable state,
county, and city health, safety, housing, building, fire
prevention, and housing maintenance codes.
(g) It may grant any other relief it finds just and proper,
including a judgment against the landlord for reasonable
attorney fees, not to exceed $500, in the case of a prevailing
residential tenant or neighborhood organization. The $500
limitation does not apply to awards made under section 549.211
or other specific statutory authority. [566.25]
Sec. 61. [504A.541] [SERVICE OF JUDGMENT.]
A copy of the judgment must be personally served on every
residential and commercial tenant of the residential building
whose obligations will be affected by the judgment. If, with
due diligence, personal service cannot be made, service may be
made by posting a notice of the judgment on the entrance door of
the residential tenant's dwelling or commercial tenant's unit
and by mailing a copy of the judgment to the residential tenant
or commercial tenant by certified mail. [566.26]
Sec. 62. [504A.545] [LANDLORD'S RIGHT TO COLLECT RENT
SUSPENDED.]
If an administrator has been appointed pursuant to section
59, paragraph (d), the landlord is not entitled to collect rent
from the time of judgment or service of judgment until the
administration is terminated. [566.27]
Sec. 63. [504A.551] [RESIDENTIAL TENANT MAY NOT BE
PENALIZED FOR COMPLAINT.]
A residential tenant may not be evicted, nor may the
residential tenant's obligations under a lease be increased or
the services decreased, if the eviction or increase of
obligations or decrease of services is intended as a penalty for
the residential tenant's or neighborhood organization's
complaint of a violation. The burden of proving otherwise is on
the landlord if the eviction or increase of obligations or
decrease of services occurs within 90 days after filing the
complaint, unless the court finds that the complaint was not
made in good faith. After 90 days the burden of proof is on the
residential tenant. [566.28]
Sec. 64. [504A.555] [ADMINISTRATOR.]
Subdivision 1. [APPOINTMENT.] The administrator may be a
person, local government unit or agency, other than a landlord
of the building, the inspector, the complaining residential
tenant, or a person living in the complaining residential
tenant's dwelling unit. If a state or court agency is
authorized by statute, ordinance, or regulation to provide
persons or neighborhood organizations to act as administrators
under this section, the court may appoint them to the extent
they are available. [566.29, subd. 1]
Subd. 2. [POSTING BOND.] A person or neighborhood
organization appointed as administrator shall post bond to the
extent of the rents expected by the court to be necessary to be
collected to correct the violation or violations.
Administrators appointed from governmental agencies need not
give bond. [566.29, subd. 2]
Subd. 3. [EXPENSES.] The court may allow a reasonable
amount for the services of administrators and the expense of the
administration from rent money. When the administration
terminates, the court may enter judgment against the landlord in
a reasonable amount for the services and expenses incurred by
the administrator. [566.29, subd. 3]
Subd. 4. [POWERS.] The administrator may:
(1) collect rents from residential and commercial tenants,
evict residential and commercial tenants for nonpayment of rent
or other cause, enter into leases for vacant dwelling units,
rent vacant commercial units with the consent of the landlord,
and exercise other powers necessary and appropriate to carry out
the purposes of sections 53 to 69;
(2) contract for the reasonable cost of materials, labor,
and services necessary to remedy the violation or violations
found by the court to exist and for the rehabilitation of the
property to maintain safe and habitable conditions over the
useful life of the property, and may disburse money for these
purposes from funds available for the purpose;
(3) provide services to the residential tenants that the
landlord is obligated to provide but refuses or fails to
provide, and may pay for them from funds available for the
purpose;
(4) petition the court, after notice to the parties, for an
order allowing the administrator to encumber the property to
secure funds to the extent necessary to cover the costs
described in clause (2), including reasonable fees for the
administrator's services, and to pay for the costs from funds
derived from the encumbrance; and
(5) petition the court, after notice to the parties, for an
order allowing the administrator to receive funds made available
for this purpose by the federal or state governing body or the
municipality to the extent necessary to cover the costs
described in clause (2) and pay for them from funds derived from
this source.
The municipality shall recover disbursements under clause
(5) by special assessment on the real estate affected, bearing
interest at the rate determined by the municipality, but not to
exceed the rate established for finance charges for open-end
credit sales under section 334.16, subdivision 1, clause (b).
The assessment, interest, and any penalties shall be collected
as are special assessments made for other purposes under state
statute or municipal charter. [566.29, subd. 4]
Subd. 5. [TERMINATION OF ADMINISTRATION.] At any time
during the administration, the administrator or any party may
petition the court after notice to all parties for an order
terminating the administration on the ground that the funds
available to the administrator are insufficient to effect the
prompt remedy of the violations. When the court finds that the
petition is proved, the court shall terminate the administration
and proceed to judgment under section 60, paragraph (e).
[566.29, subd. 5]
Subd. 6. [RESIDENTIAL BUILDING REPAIRS AND SERVICES.] The
administrator must first contract and pay for residential
building repairs and services necessary to keep the residential
building habitable before other expenses may be paid. If
sufficient funds are not available for paying other expenses,
such as tax and mortgage payments, after paying for necessary
repairs and services, the landlord is responsible for the other
expenses. [566.29, subd. 6]
Subd. 7. [ADMINISTRATOR'S LIABILITY.] The administrator
may not be held personally liable in the performance of duties
under this section except for misfeasance, malfeasance, or
nonfeasance of office. [566.29, subd. 7]
Subd. 8. [DWELLING'S ECONOMIC VIABILITY.] In considering
whether to grant the administrator funds under subdivision 4,
the court must consider:
(1) the long-term economic viability of the dwelling;
(2) the causes leading to the appointment of an
administrator;
(3) the repairs necessary to bring the property into code
compliance;
(4) the market value of the property; and
(5) whether present and future rents will be sufficient to
cover the cost of repairs or rehabilitation. [566.29, subd. 8]
Sec. 65. [504A.561] [RECEIVERSHIP REVOLVING LOAN FUND.]
The Minnesota housing finance agency may establish a
revolving loan fund to pay the administrative expenses of
receivership administrators under section 64 for properties for
occupancy by low- and moderate-income persons or families.
Landlords must repay administrative expense payments made from
the fund. [566.291]
Sec. 66. [504A.565] [REMOVAL OF ADMINISTRATOR.]
Subdivision 1. [PETITION BY ADMINISTRATOR.] The
administrator may, after notice to all parties, petition the
court to be relieved of duties, including in the petition the
reasons for it. The court may, in its discretion, grant the
petition and discharge the administrator after approval of the
accounts. [566.30, subd. 1]
Subd. 2. [PETITION BY A PARTY.] A party may, after notice
to the administrator and all other parties, petition the court
to remove the administrator. If the party shows good cause, the
court shall order the administrator removed and direct the
administrator to immediately deliver to the court an accounting
of administration. The court may make any other order necessary
and appropriate under the circumstances. [566.30, subd. 2]
Subd. 3. [APPOINTMENT OF NEW ADMINISTRATOR.] If the
administrator is removed, the court shall appoint a new
administrator in accordance with section 64, giving all parties
an opportunity to be heard. [566.30, subd. 3]
Sec. 67. [504A.571] [TERMINATION OF ADMINISTRATION.]
Subdivision 1. [EVENTS OF TERMINATION.] The administration
shall be terminated after one of the following:
(1) certification is secured from the appropriate
governmental agency that the violations found by the court to
exist at the time of judgment have been remedied; or
(2) an order pursuant to section 64, subdivision 5.
[566.31, subd. 1]
Subd. 2. [ACCOUNTING BY ADMINISTRATOR.] After the
occurrence of one of the conditions in subdivision 1, the
administrator shall:
(1) submit to the court an accounting of receipts and
disbursements of the administration together with copies of all
bills, receipts and other memoranda pertaining to the
administrator, and, where appropriate, a certification by an
appropriate governmental agency that the violations found by the
court to exist at the time of judgment have been remedied; and
(2) comply with any other order the court makes as a
condition of discharge. [566.31, subd. 2]
Subd. 3. [DISCHARGE OF ADMINISTRATOR.] After approval by
the court of the administrator's accounts and compliance by the
administrator with any other order the court may make as a
condition of discharge, the court shall discharge the
administrator from any further responsibilities pursuant to
sections 53 to 69. [566.31, subd. 3]
Sec. 68. [504A.575] [WAIVER NOT ALLOWED.]
A provision of a lease or other agreement in which a
provision of sections 53 to 69 is waived by a residential tenant
is contrary to public policy and void. [566.32]
Sec. 69. [504A.581] [PURPOSE TO PROVIDE ADDITIONAL
REMEDIES.]
The purpose of sections 53 to 69 is to provide additional
remedies and nothing contained in those sections alters the
ultimate financial liability of the landlord or residential
tenant for repairs or maintenance of the building. [566.33]
Sec. 70. [504A.585] [ESCROW OF RENT TO REMEDY VIOLATIONS.]
Subdivision 1. [ESCROW OF RENT.] (a) If a violation exists
in a residential building, a residential tenant may deposit the
amount of rent due to the landlord with the court administrator
using the procedures described in paragraphs (b) to (d).
(b) For a violation as defined in section 1, subdivision
13, clause (1), the residential tenant may deposit with the
court administrator the rent due to the landlord along with a
copy of the written notice of the code violation as provided in
section 53, subdivision 2. The residential tenant may not
deposit the rent or file the written notice of the code
violation until the time granted to make repairs has expired
without satisfactory repairs being made, unless the residential
tenant alleges that the time granted is excessive.
(c) For a violation as defined in section 1, subdivision
13, clause (2) or (3), the residential tenant must give written
notice to the landlord specifying the violation. The notice
must be delivered personally or sent to the person or place
where rent is normally paid. If the violation is not corrected
within 14 days, the residential tenant may deposit the amount of
rent due to the landlord with the court administrator along with
an affidavit specifying the violation. The court must provide a
simplified form affidavit for use under this paragraph.
(d) The residential tenant need not deposit rent if none is
due to the landlord at the time the residential tenant files the
notice required by paragraph (b) or (c). All rent which becomes
due to the landlord after that time but before the hearing under
subdivision 6 must be deposited with the court administrator.
As long as proceedings are pending under this section, the
residential tenant must pay rent to the landlord or as directed
by the court and may not withhold rent to remedy a violation.
[566.34, subds. 1,2]
Subd. 2. [COUNTERCLAIM FOR POSSESSION.] (a) The landlord
may file a counterclaim for possession of the property in cases
where the landlord alleges that the residential tenant did not
deposit the full amount of rent with the court administrator.
(b) The court must set the date for a hearing on the
counterclaim within seven to 14 days from the day of filing the
counterclaim. If the rent escrow hearing and the hearing on the
counterclaim for possession cannot be heard on the same day, the
matters must be consolidated and heard on the date scheduled for
the hearing on the counterclaim.
(c) The contents of the counterclaim for possession must
meet the requirements for a complaint under section 37.
(d) The landlord must serve the counterclaim as provided in
section 39, except that the affidavits of service or mailing may
be brought to the hearing rather than filed with the court
before the hearing.
(e) The court must provide a simplified form for use under
this section. [566.34, subd. 3]
Subd. 3. [DEFENSES.] The defenses provided in section 58
are defenses to an action brought under this section. [566.34,
subd. 4]
Subd. 4. [FILING FEE.] The court administrator may charge
a filing fee in the amount set for complaints and counterclaims
in conciliation court, subject to the filing of an inability to
pay affidavit. [566.34, subd. 5]
Subd. 5. [NOTICE OF HEARING.] (a) A hearing must be held
within ten to 14 days from the day a residential tenant deposits
rent with the court administrator.
(b) If the cost of remedying the violation, as estimated by
the residential tenant, is within the jurisdictional limit for
conciliation court, the court administrator shall notify the
landlord and the residential tenant of the time and place of the
hearing by first class mail.
(c) The residential tenant must provide the court
administrator with the landlord's name and address. If the
landlord has disclosed a post office box as the landlord's
address under section 12, notice of the hearing may be mailed to
the post office box.
(d) If the cost of remedying the violation, as estimated by
the tenant, is above the jurisdictional limit for conciliation
court, the tenant must serve the notice of hearing according to
the Minnesota Rules of Civil Procedure.
(e) The notice of hearing must specify the amount the
residential tenant has deposited with the court administrator,
and must inform the landlord that possession of the property
will not be in issue at the hearing unless the landlord files a
counterclaim for possession or an action under sections 20 to 22
and 37 to 51. [566.34, subd. 6]
Subd. 6. [HEARING.] The hearing shall be conducted by a
court without a jury. A certified copy of an inspection report
meets the requirements of rule 803(8) of the Minnesota Rules of
Evidence as an exception to the rule against hearsay, and meets
the requirements of rules 901 and 902 of the Minnesota Rules of
Evidence as to authentication. [566.34, subd. 7]
Subd. 7. [RELEASE OF RENT PRIOR TO HEARING.] If the
residential tenant gives written notice to the court
administrator that the violation has been remedied, the court
administrator must release the rent to the landlord and, unless
the hearing has been consolidated with another action, must
cancel the hearing. If the residential tenant and the landlord
enter into a written agreement signed by both parties
apportioning the rent between them, the court administrator must
release the rent in accordance with the written agreement and
cancel the hearing. [566.34, subd. 8]
Subd. 8. [CONSOLIDATION WITH EVICTION.] Actions under this
section and actions for eviction brought under sections 20 to
22, 37 to 51, or section 77 which involve the same parties must
be consolidated and heard on the date scheduled for the
eviction. [566.34, subd. 9]
Subd. 9. [JUDGMENT.] (a) Upon finding that a violation
exists, the court may, in its discretion, do any or all of the
following:
(1) order relief as provided in section 60, including
retroactive rent abatement;
(2) order that all or a portion of the rent in escrow be
released for the purpose of remedying the violation;
(3) order that rent be deposited with the court as it
becomes due to the landlord or abate future rent until the
landlord remedies the violation; or
(4) impose fines as required in section 71.
(b) When a proceeding under this section has been
consolidated with a counterclaim for possession or an action for
eviction under sections 20 to 22, 37 to 51, or section 77, and
the landlord prevails, the residential tenant may redeem the
tenancy as provided in section 19.
(c) When a proceeding under this section has been
consolidated with a counterclaim for possession or an action for
eviction under sections 20 to 22, 37 to 51, or section 77 on the
grounds of nonpayment, the court may not require the residential
tenant to pay the landlord's filing fee as a condition of
retaining possession of the property when the residential tenant
has deposited with the court the full amount of money found by
the court to be owed to the landlord. [566.34, subd. 10]
Subd. 10. [RELEASE OF RENT AFTER HEARING.] If the court
finds, after a hearing on the matter has been held, that no
violation exists in the building or that the residential tenant
did not deposit the full amount of rent due with the court
administrator, it shall order the immediate release of the rent
to the landlord. If the court finds that a violation existed,
but was remedied between the commencement of the action and the
hearing, it may order rent abatement and must release the rent
to the parties accordingly. Any rent found to be owed to the
residential tenant must be released to the tenant. [566.34,
subd. 11]
Subd. 11. [RETALIATION; WAIVER NOT ALLOWED.] Section 63
applies to proceedings under this section. The residential
tenant rights under this section may not be waived or modified
and are in addition to and do not limit other rights or remedies
which may be available to the residential tenant and landlord,
except as provided in subdivision 1. [566.34, subd. 12]
Sec. 71. [504A.591] [VIOLATIONS OF BUILDING REPAIR
ORDERS.]
Subdivision 1. [NONCOMPLIANCE; FINES.] After finding a
landlord has willfully failed to comply with a court order to
remedy a violation, the court shall fine the landlord according
to the following schedule:
(1) $250 for the first failure to comply;
(2) $500 for the second failure to comply with an order
regarding the same violation; and
(3) $750 for the third and each subsequent failure to
comply with an order regarding the same violation. [566.35,
subd. 1]
Subd. 2. [CRIMINAL PENALTY.] A landlord who willfully
fails to comply with a court order to remedy a violation is
guilty of a gross misdemeanor if it is the third or subsequent
time that the landlord has willfully failed to comply with an
order to remedy a violation within a three-year period.
[566.35, subd. 2]
Sec. 72. [504A.595] [CODE VIOLATIONS, DISCLOSURE.]
(a) A state, county, or city agency charged by the
governing body of the appropriate political subdivision with
responsibility for enforcing a state, county, or city health,
housing, building, fire prevention, or housing maintenance code
shall make available to the persons described in paragraph (b)
code violation records that pertain to a particular parcel of
real property and the buildings, improvements, and dwelling
units located on it. The records must be made available at
reasonable times, and upon reasonable notice to the custodian of
the records, for inspection, examination, abstracting, or
copying at the expense of the person obtaining the information.
(b) The persons to whom the records shall be available
under this section include, but are not limited to, the
following persons and their representatives:
(1) a person having any legal or beneficial interest in the
property, including a renter;
(2) a person considering in good faith the lease or
purchase of the property;
(3) a person authorized to request an inspection under
section 53; and
(4) a party to any action related to the property,
including actions brought under sections 6 and 53 to 69.
[504.23]
TENANT REPORTS
Sec. 73. [504A.601] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 73 to 75. [504.29, subd. 1]
Subd. 2. [PROPER IDENTIFICATION.] "Proper identification"
means information generally considered sufficient to identify a
person, including a Minnesota driver's license, a Minnesota
identification card, other forms of identification provided by a
unit of government, a notarized statement of identity with a
specimen signature of the person, or other reasonable form of
identification. [504.29, subd. 2a]
Subd. 3. [RESIDENTIAL TENANT REPORT.] "Residential tenant
report" means a written, oral, or other communication by a
residential tenant screening service that includes information
concerning an individual's credit worthiness, credit standing,
credit capacity, character, general reputation, personal
characteristics, or mode of living, that is collected, used, or
expected to be used for the purpose of making decisions relating
to residential tenancies or residential tenancy applications.
[504.29, subd. 4]
Subd. 4. [RESIDENTIAL TENANT SCREENING
SERVICE.] "Residential tenant screening service" means a person
or business regularly engaged in the practice of gathering,
storing, or disseminating information about residential tenants
or assembling residential tenant reports for monetary fees,
dues, or on a cooperative nonprofit basis. [504.29, subd. 5]
Sec. 74. [504A.605] [RESIDENTIAL TENANT REPORTS;
DISCLOSURE AND CORRECTIONS.]
Subdivision 1. [DISCLOSURES REQUIRED.] (a) On request and
proper identification, a residential tenant screening service
must disclose the following information to an individual:
(1) the nature and substance of all information in its
files on the individual at the time of the request; and
(2) the sources of the information.
(b) A residential tenant screening service must make the
disclosures to an individual without charge if information in a
residential tenant report has been used within the 30 days
before the request to deny the rental to the individual or
increase the security deposit or rent of a residential housing
unit to the individual.
(c) If the residential tenant report has not been used to
deny the rental or increase the rent or security deposit of a
residential housing unit within the past 30 days, the
residential tenant screening service may impose a reasonable
charge for making the disclosure. The residential tenant
screening service must notify the residential tenant of the
amount of the charge before furnishing the information. The
charge may not exceed the amount that the residential tenant
screening service would impose on each designated recipient of a
residential tenant report, except that no charge may be made for
notifying persons of the deletion of information which is found
to be inaccurate or which can no longer be verified.
(d) Files maintained on a residential tenant must be
disclosed promptly as established in clauses (1) to (4).
(1) A tenant file must be disclosed in person, during
normal business hours, at the location where the tenant
screening service maintains its files, if the tenant appears in
person and furnishes proper identification at that time.
(2) A tenant file must be disclosed by mail, if the tenant
makes a written request with proper identification for a copy of
the information contained in the tenant report and requests that
the information be sent to a specified address. A disclosure
made under this clause shall be deposited in the United States
mail, postage prepaid, within five business days after the
written request for disclosure is received by the tenant
screening service. A tenant screening service complying with a
request for disclosure under this clause shall not be liable for
disclosures to third parties caused by mishandling mail,
provided that the tenant file information is mailed to the
address specified by the tenant in the request.
(3) A summary of the information in a tenant file must be
disclosed by telephone, if the tenant has made a written request
with proper identification for telephone disclosure.
(4) Information in a tenant's file required to be disclosed
in writing under this subdivision may be disclosed in any other
form including electronic means if authorized by the tenant and
available from the tenant screening service. [504.30, subd. 1]
Subd. 2. [CORRECTIONS.] If the completeness or accuracy of
an item of information contained in an individual's file is
disputed by the individual, the residential tenant screening
service must reinvestigate and record the current status of the
information. If the information is found to be inaccurate or
can no longer be verified, the residential tenant screening
service must delete the information from the individual's file
and residential tenant report. At the request of the
individual, the residential tenant screening service must give
notification of the deletions to persons who have received the
residential tenant report within the six months before the
request. [504.30, subd. 2]
Subd. 3. [EXPLANATIONS.] The residential tenant screening
service must permit an individual to explain an eviction report
or a disputed item not resolved by reinvestigation in a
residential tenant report. The explanation must be included in
the residential tenant report. The residential tenant screening
service may limit the explanation to no more than 100 words.
[504.30, subd. 3]
Subd. 4. [COURT FILE INFORMATION.] (a) If a residential
tenant screening service includes information from a court file
on an individual in a residential tenant report, the report must
provide the full name and date of birth of the individual in any
case where the court file includes the individual's full name
and date of birth, and the outcome of the court proceeding must
be accurately recorded in the report, including the specific
basis of the court's decision, when available. Whenever the
court supplies information from a court file on an individual,
in whatever form, the court shall include the full name and date
of birth of the individual, if that is indicated on the court
file or summary and information on the outcome of the court
proceeding, including the specific basis of the court's
decision, coded as provided in subdivision 5 for the type of
action, when it becomes available. The residential tenant
screening service is not liable under section 75 if the
residential tenant screening service reports complete and
accurate information as provided by the court.
(b) A tenant screening service shall not provide tenant
reports containing information on eviction actions in the second
and fourth judicial districts, unless the tenant report
accurately records the outcome of the proceeding or other
disposition of the eviction action such as settlement, entry of
a judgment, default, or dismissal of the action. [504.30, subd.
4]
Subd. 5. [EVICTION ACTION CODING.] The court shall
indicate on the court file or any summary of a court file the
specific basis of the court's decision in an eviction action
according to codes developed by the court that, at a minimum,
indicates if the basis of the court's decision is nonpayment of
rent, a violation of the requirements under section 75 or 76,
other breach of a lease agreement, or a counterclaim for
possession of the property under section 69. [504.30, subd. 4a]
Subd. 6. [INFORMATION TO RESIDENTIAL TENANT.] If the
landlord uses information in a residential tenant report to deny
the rental or increase the rent or security deposit of a
residential unit, the landlord must inform the prospective
tenant of the name and address of the residential tenant
screening service that provided the residential tenant report.
[504.30, subd. 5]
Sec. 75. [504A.611] [RESIDENTIAL TENANT REPORT; REMEDIES.]
The remedies in section 8.31 apply to a violation of
section 74. A residential tenant screening service or landlord
that complies with the Fair Credit Reporting Act, United States
Code, title 15, section 1681, et seq., is considered to comply
with section 74. [504.31]
POSSESSION OF CONTROLLED SUBSTANCES
ON RESIDENTIAL RENTAL PROPERTY
Sec. 76. [504A.701] [LANDLORD AND RESIDENTIAL TENANT MAY
NOT ALLOW UNLAWFUL ACTIVITIES.]
Subdivision 1. [SPECIFIC AGREEMENT.] (a) A landlord and
residential tenant agree that neither will:
(1) unlawfully allow controlled substances to be used on
the property, its lands, or common area;
(2) allow prostitution or prostitution-related activity as
defined in section 617.80, subdivision 4, to occur on the
property, its lands, or common area;
(3) allow the unlawful use or possession of a firearm in
violation of section 609.66, subdivision 1a, 609.67, or 624.713
on the property, its lands, or common area; and
(4) use, or allow others acting under the control of
either, to use the property's common area or lands to
manufacture, sell, give away, barter, deliver, exchange,
distribute, purchase, or possess a controlled substance in
violation of a criminal provision of chapter 152.
(b) This agreement is not violated when a person other than
the landlord or residential tenant possesses or allows
controlled substances on the property, its lands, or common area
unless the landlord or residential tenant knew or had reason to
know of that activity. [504.181, subd. 1]
Subd. 2. [BREACH VOIDS RIGHT TO POSSESSION.] (a) A breach
of the agreement in subdivision 1 voids the residential tenant's
right to possession of the property. All other provisions of
the lease, including but not limited to the obligation to pay
rent, remain in effect until the lease is terminated by the
terms of the lease or operation of law.
(b) If the residential tenant breaches the agreement in
subdivision 1, the landlord may bring, or assign to the county
attorney of the county in which the property is located, the
right to bring an eviction action against the residential
tenant. The assignment must be in writing on a form provided by
the county attorney, and the county attorney may determine
whether to accept the assignment. If the county attorney
accepts the assignment of the landlord's right to bring an
eviction action:
(1) any court filing fee that would otherwise be required
in an eviction action is waived; and
(2) the landlord retains all the rights and duties,
including removal of the residential tenant's personal property,
following issuance of an order to vacate and delivery of the
writ to the sheriff for execution. [504.181, subd. 2]
Subd. 3. [WAIVER NOT ALLOWED.] The landlord or residential
tenant may not waive or modify the prohibition imposed by this
section. [504.181, subd. 3]
Sec. 77. [504A.705] [EVICTION FOR VIOLATION.]
(a) A landlord may evict a residential tenant who is
subject to seizure under section 609.5317, subdivision 1, for
which there is not a defense under section 609.5317, subdivision
3.
(b) Landlords must give written notice to residential
tenants of the provision relating to seizures in paragraph (a).
Failure to give notice does not subject the landlord to criminal
or civil liability and is not a defense under section 609.5317,
subdivision 3. [566.02; 566.021]
IMPLEMENTATION OF ACT
Sec. 78. [EFFECT OF CHANGES IN THIS ACT.]
The legislature intends this act to be a clarification and
reorganization of the landlord-tenant laws in Minnesota
Statutes, chapters 504 and 566. The changes that have been made
are not intended to alter those laws and shall not be construed
by a court or other authority to alter them.
Sec. 79. [INSTRUCTION TO REVISOR.]
(a) The revisor shall publish the statutory derivations of
the laws repealed and recodified in this act in Laws of
Minnesota and in the statutory history of chapters 504 and 566
in Minnesota Statutes.
(b) The revisor shall correct cross-references to sections
that are repealed and recodified by this act, and if Minnesota
Statutes, chapter 504 or chapter 566, is further amended in the
1998 or 1999 legislative session, shall codify the amendments in
a manner consistent with this act.
Sec. 80. [REPEALER.]
Minnesota Statutes 1996, sections 504.01; 504.012; 504.015;
504.02; 504.03; 504.04; 504.05; 504.06; 504.07; 504.08; 504.09;
504.18; 504.181, subdivisions 2 and 3; 504.183; 504.185; 504.20;
504.201; 504.21; 504.22; 504.23; 504.24; 504.245; 504.246;
504.25; 504.255; 504.257; 504.26; 504.265; 504.27; 504.28;
504.29; 504.30; 504.31; 504.32; 504.36; 566.01; 566.02; 566.021;
566.03; 566.04; 566.051; 566.06; 566.07; 566.08; 566.09; 566.10;
566.11; 566.12; 566.13; 566.14; 566.15; 566.16; 566.17; 566.175;
566.18, subdivisions 1, 2, 3, 4, and 5; 566.19; 566.20; 566.205;
566.21; 566.22; 566.23; 566.24; 566.26; 566.27; 566.28; 566.29;
566.291; 566.30; 566.31; 566.32; 566.33; 566.34; and 566.35; and
Minnesota Statutes 1997 Supplement, sections 504.181,
subdivision 1; 504.215; 566.05; 566.18, subdivision 6; and
566.25, are repealed.
Sec. 81. [EFFECTIVE DATE.]
This act is effective July 1, 1999.
Presented to the governor February 16, 1998
Signed by the governor February 18, 1998, 2:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes