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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