Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 199-H.F.No. 2425
An act relating to landlord and tenant; recodifying
the landlord and tenant law; amending Minnesota
Statutes 1998, sections 72A.20, subdivision 23; 82.24,
subdivision 7; 144.9504, subdivision 7; 144A.13,
subdivision 2; 144D.06; 216C.30, subdivision 5;
299C.67, subdivisions 5 and 7; 299C.69; 327C.02,
subdivision 2a; 327C.03, subdivision 4; 327C.10,
subdivision 1; 327C.11, subdivision 1; 363.033;
462A.05, subdivision 15; 462C.05, subdivision 8;
469.156; 471A.03, subdivision 6; 481.02, subdivision
3; 484.013, subdivision 2; 487.17; 487.24; 488A.01,
subdivisions 4a and 5; 488A.11; 488A.18, subdivisions
4 and 6; 491A.01, subdivision 9; 514.977; 515B.3-116;
515B.4-111; 576.01, subdivision 2; 609.33, subdivision
6; and 609.5317, subdivision 1; proposing coding for
new law as Minnesota Statutes, chapter 504B; repealing
Laws 1998, chapter 253, sections 1 to 79.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
LANDLORD AND TENANT
Section 1. [504B.001] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For the purposes of this
chapter, the terms defined in this section have the meanings
given them.
Subd. 2. [CONTROLLED SUBSTANCE.] "Controlled substance"
means a drug, substance, or immediate precursor in Schedules I
through V of section 152.02. The term does not include
distilled spirits, wine, malt beverages, intoxicating liquors,
or tobacco.
Subd. 3. [DISTRESS FOR RENT.] "Distress for rent" means
the act of a landlord seizing personal property of the tenant or
other person to enforce payment of rent.
Subd. 4. [EVICT OR EVICTION.] "Evict" or "eviction" means
a summary court proceeding to remove a tenant or occupant from
or otherwise recover possession of real property by the process
of law set out in this chapter.
Subd. 5. [HOUSING-RELATED NEIGHBORHOOD ORGANIZATION.]
"Housing-related 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.
Subd. 6. [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 14, 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.
Subd. 7. [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.
Subd. 8. [LEASE.] "Lease" means an oral or written
agreement creating a tenancy in real property.
Subd. 9. [LICENSE.] "License" means a personal privilege
to do a particular act or series of acts on real property
without possessing any estate or interest in real property. It
may be created in writing or orally.
Subd. 10. [PERSON.] "Person" means a natural person,
corporation, limited liability company, partnership, joint
enterprise, or unincorporated association.
Subd. 11. [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.
Subd. 12. [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.
Subd. 13. [TENANCY AT WILL.] "Tenancy at will" means a
tenancy in which the tenant holds possession by permission of
the landlord but without a fixed ending date.
Subd. 14. [VIOLATION.] "Violation" means:
(1) a violation of any state, county or city health,
safety, housing, building, fire prevention, or housing
maintenance code applicable to the building;
(2) a violation of any of the covenants set forth in
section 13, subdivision 1, clauses (1) or (2), or in section 15,
subdivision 1; or
(3) a violation of an oral or written agreement, lease, or
contract for the rental of a dwelling in a building.
Subd. 15. [WRIT OF RECOVERY OF PREMISES AND ORDER TO
VACATE.] "Writ of recovery of premises and order to vacate"
means the writ set out in section 52.
LEASING AND RENT
Sec. 2. [504B.101] [DISTRESS FOR RENT.]
The remedy of distress for rent is abolished.
Sec. 3. [504B.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.
Sec. 4. [504B.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 a
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.
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 15, it is a defense for the tenant to
prove that the landlord failed to comply with subdivision 1.
This defense may be overcome if the landlord proves that the
tenant had actual knowledge of the term or terms of the lease
upon which any legal action is based.
Sec. 5. [504B.121] [TENANT MAY NOT DENY TITLE; EXCEPTION.]
A tenant in possession of real property under a lawful
lease may not deny the landlord's title in an action brought by
the landlord to recover possession of the property. This
prohibition does not apply to a tenant who, prior to entering
into the lease, possessed the property under a claim of title
that was adverse or hostile to that of the landlord.
Sec. 6. [504B.125] [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.
Sec. 7. [504B.131] [RENT LIABILITY; UNINHABITABLE
BUILDINGS.]
A tenant or occupant of a building that is destroyed or
becomes uninhabitable or unfit for occupancy through no fault or
neglect of the tenant or occupant may vacate and surrender such
a building. A tenant or occupant may expressly agree otherwise
except as prohibited by section 13.
Sec. 8. [504B.135] [TERMINATING TENANCY AT WILL.]
(a) A tenancy at will may be terminated by either party by
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.
(b) If a tenant neglects or refuses to pay rent due on a
tenancy at will, the landlord may terminate the tenancy by
giving the tenant 14 days notice to quit in writing.
Sec. 9. [504B.141] [URBAN REAL ESTATE; HOLDING OVER.]
When a tenant of urban real estate, or any interest
therein, 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.
Sec. 10. [504B.145] [RESTRICTION ON AUTOMATIC RENEWALS OF
LEASES.]
Notwithstanding the provisions of any residential lease, in
order to enforce any automatic renewal clause of a lease of an
original term of two months or more which states, in effect,
that the term shall be deemed renewed for a specified additional
period of time of two months or more unless the tenant gives
notice to the landlord of an intention to quit the premises at
the expiration of the term due to expire, the landlord must give
notice to the tenant as provided in this section. The notice
must be in writing and direct the tenant's attention to the
automatic renewal provision of the lease. The notice must be
served personally or mailed by certified mail at least 15 days,
but not more than 30 days prior to the time that the tenant is
required to furnish notice of an intention to quit.
Sec. 11. [504B.151] [RESTRICTION ON RESIDENTIAL 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 residential lease agreement with a term of
two months or less or a fixed term residential 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.
OBLIGATIONS AND COVENANTS
Sec. 12. [504B.155] [TENANT MUST GIVE COLD WEATHER NOTICE
BEFORE VACATION OF BUILDING.]
Except upon the termination of the tenancy, a tenant who,
between November 15 and April 15, removes from, abandons, or
vacates a building or any part thereof that contains plumbing,
water, steam, or other pipes liable to injury from freezing,
without first giving to the landlord three days' notice of
intention so to remove is guilty of a misdemeanor.
Sec. 13. [504B.161] [COVENANTS OF LANDLORD OR LICENSOR.]
Subdivision 1. [REQUIREMENTS.] In every lease or license
of residential premises, the landlord or licensor covenants:
(1) that the premises and all common areas are fit for the
use intended by the parties;
(2) to keep the premises in reasonable repair during the
term of the lease or license, except when the disrepair has been
caused by the willful, malicious, or irresponsible conduct of
the tenant or licensee or a person under the direction or
control of the licensee; and
(3) to maintain the premises in compliance with the
applicable health and safety laws of 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 of the local units
of government where the premises are located during the term of
the lease or license, except when violation of the health and
safety laws has been caused by the willful, malicious, or
irresponsible conduct of the tenant or licensee or a person
under the direction or control of the tenant or licensee.
The parties to a lease or license of residential premises
may not waive or modify the covenants imposed by this section.
Subd. 2. [TENANT MAINTENANCE.] The landlord or licensor
may agree with the tenant or licensee that the tenant or
licensee is to perform specified repairs or maintenance, but
only if the agreement is supported by adequate consideration and
set forth in a conspicuous writing. No such agreement, however,
may waive the provisions of subdivision 1 or relieve the
landlord or licensor of the duty to maintain common areas of the
premises.
Subd. 3. [LIBERAL CONSTRUCTION.] This section shall be
liberally construed, and the opportunity to inspect the premises
before concluding a lease or license shall not defeat the
covenants established in this section.
Subd. 4. [COVENANTS ARE IN ADDITION.] The covenants
contained in this section are in addition to any covenants or
conditions imposed by law or ordinance or by the terms of the
lease or license.
Subd. 5. [INJURY TO THIRD PARTIES.] Nothing in this
section shall be construed to alter the liability of the
landlord or licensor of residential premises for injury to third
parties.
Subd. 6. [APPLICATION.] The provisions of this section
apply only to leases or licenses of residential premises
concluded or renewed on or after June 15, 1971. For the
purposes of this section, estates at will shall be deemed to be
renewed at the commencement of each rental period.
Sec. 14. [504B.165] [UNLAWFUL DESTRUCTION; DAMAGES.]
(a) An action may be brought for willful and malicious
destruction of leased residential rental property. The
prevailing party may recover actual damages, costs, and
reasonable attorney fees, as well as other equitable relief as
determined by the court.
(b) The remedies provided in this section are in addition
to and shall not limit other rights or remedies available to
landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and
void.
Sec. 15. [504B.171] [COVENANT OF LANDLORD AND TENANT NOT
TO ALLOW UNLAWFUL ACTIVITIES.]
Subdivision 1. [TERMS OF COVENANT.] In every lease or
license of residential premises, whether in writing or parol,
the landlord or licensor and the tenant or licensee covenant
that:
(1) neither will:
(i) unlawfully allow controlled substances in those
premises or in the common area and curtilage of the premises;
(ii) allow prostitution or prostitution-related activity as
defined in section 617.80, subdivision 4, to occur on the
premises or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in
violation of section 609.66, subdivision 1a, 609.67, or 624.713,
on the premises or in the common area and curtilage of the
premises; or
(iv) allow stolen property or property obtained by robbery
in those premises or in the common area and curtilage of the
premises; and
(2) the common area and curtilage of the premises will not
be used by either the landlord or licensor or the tenant or
licensee or others acting under the control of either to
manufacture, sell, give away, barter, deliver, exchange,
distribute, purchase, or possess a controlled substance in
violation of any criminal provision of chapter 152. The
covenant is not violated when a person other than the landlord
or licensor or the tenant or licensee possesses or allows
controlled substances in the premises, common area, or
curtilage, unless the landlord or licensor or the tenant or
licensee knew or had reason to know of that activity.
Subd. 2. [BREACH VOIDS RIGHT TO POSSESSION.] A breach of
the covenant created by subdivision 1 voids the tenant's or
licensee's right to possession of the residential premises. All
other provisions of the lease or license, 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. If the tenant or licensee breaches the covenant created
by subdivision 1, the landlord may bring, or assign to the
county attorney of the county in which the residential premises
are located, the right to bring an eviction action against the
tenant or licensee. 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 tenant's or licensee's personal
property, following issuance of the writ of recovery of premises
and order to vacate and delivery of the writ to the sheriff for
execution.
Subd. 3. [WAIVER NOT ALLOWED.] The parties to a lease or
license of residential premises may not waive or modify the
covenant imposed by this section.
Sec. 16. [504B.178] [INTEREST ON SECURITY DEPOSITS;
WITHHOLDING SECURITY DEPOSITS; DAMAGES; LIMIT ON WITHHOLDING
LAST MONTH'S RENT.]
Subdivision 1. [APPLICABILITY.] Any deposit of money, the
function of which is to secure the performance of a residential
rental agreement or any part of such an agreement, other than a
deposit which is exclusively an advance payment of rent, shall
be governed by the provisions of this section.
Subd. 2. [INTEREST.] Any deposit of money shall not be
considered received in a fiduciary capacity within the meaning
of section 82.17, subdivision 7, but shall be held by the
landlord for the tenant who is party to the agreement and shall
bear simple noncompounded interest at the rate of three percent
per annum until May 1, 2001, and four percent per annum
thereafter, computed from the first day of the next month
following the full payment of the deposit to the last day of the
month in which the landlord, in good faith, complies with the
requirements of subdivision 3 or to the date upon which judgment
is entered in any civil action involving the landlord's
liability for the deposit, whichever date is earlier. Any
interest amount less than $1 shall be excluded from the
provisions of this section.
Subd. 3. [RETURN OF SECURITY DEPOSIT.] (a) Every landlord
shall:
(1) within three weeks after termination of the tenancy; or
(2) within five days of the date when the tenant leaves the
building or dwelling due to the legal condemnation of the
building or dwelling in which the tenant lives for reasons not
due to willful, malicious, or irresponsible conduct of the
tenant,
and after receipt of the tenant's mailing address or delivery
instructions, return the deposit to the tenant, with interest
thereon as provided in subdivision 2, or furnish to the tenant a
written statement showing the specific reason for the
withholding of the deposit or any portion thereof.
(b) It shall be sufficient compliance with the time
requirement of this subdivision if the deposit or written
statement required by this subdivision 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
tenant, within the time required by this subdivision. The
landlord may withhold from the deposit only amounts reasonably
necessary:
(1) to remedy tenant defaults in the payment of rent or of
other funds due to the landlord pursuant to an agreement; or
(2) to restore the premises to their condition at the
commencement of the tenancy, ordinary wear and tear excepted.
(c) In any 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 shall be on the
landlord.
Subd. 4. [DAMAGES.] Any landlord who fails to:
(1) provide a written statement within three weeks of
termination of the tenancy;
(2) provide a written statement within five days of the
date when the tenant leaves the building or dwelling due to the
legal condemnation of the building or dwelling in which the
tenant lives for reasons not due to willful, malicious, or
irresponsible conduct of the tenant; or
(3) transfer or return a deposit as required by subdivision
5,
after receipt of the tenant's mailing address or delivery
instructions, as required in subdivision 3, is liable to the
tenant for damages in an amount equal to the portion of the
deposit withheld by the landlord and interest thereon as
provided in subdivision 2, as a penalty, in addition to the
portion of the deposit wrongfully withheld by the landlord and
interest thereon.
Subd. 5. [RETURN OF DEPOSIT.] Upon termination of the
landlord's interest in the premises, whether by sale,
assignment, death, appointment of receiver or otherwise, the
landlord or the landlord's agent shall, 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
tenant, whichever occurs first, do one of the following acts,
either of which shall relieve the landlord or agent of further
liability with respect to such deposit:
(1) transfer the deposit, or any remainder after any lawful
deductions made under subdivision 3, with interest thereon as
provided in subdivision 2, to the landlord's successor in
interest and thereafter notify the tenant of the transfer and of
the transferee's name and address; or
(2) return the deposit, or any remainder after any lawful
deductions made under subdivision 3, with interest thereon as
provided in subdivision 2, to the tenant.
Subd. 6. [SUCCESSOR IN INTEREST.] Upon termination of the
landlord's interest in the premises, whether by sale,
assignment, death, appointment of receiver or otherwise, the
landlord's successor in interest shall have all of the rights
and obligations of the landlord with respect to the deposit,
except that if tenant does not object to the stated amount
within 20 days after written notice to tenant of the amount of
deposit being transferred or assumed, the obligation of the
landlord's successor to return the deposit shall be limited to
the amount contained in the notice. The notice shall contain a
stamped envelope addressed to landlord's successor and may be
given by mail or by personal service.
Subd. 7. [BAD FAITH RETENTION.] The bad faith retention by
a landlord of a deposit, the interest thereon, or any portion
thereof, in violation of this section shall subject the landlord
to punitive damages not to exceed $200 for each deposit in
addition to the damages provided in subdivision 4. If the
landlord has failed to comply with the provisions of subdivision
3 or 5, retention of a deposit shall be presumed to be in bad
faith unless the landlord returns the deposit within two weeks
after the commencement of any action for the recovery of the
deposit.
Subd. 8. [WITHHOLDING RENT.] No tenant may withhold
payment of all or any portion of rent for the last payment
period of a residential rental agreement, except an oral or
written month to month residential rental agreement concerning
which neither the tenant nor landlord has served a notice to
quit, on the grounds that the deposit should serve as payment
for the rent. Withholding all or any portion of rent for the
last payment period of the residential rental agreement creates
a rebuttable presumption that the tenant withheld the last
payment on the grounds that the deposit should serve as payment
for the rent. Any tenant who remains in violation of this
subdivision after written demand and notice of this subdivision
shall be liable to the landlord for the following:
(1) a penalty in an amount equal to the portion of the
deposit which the landlord is entitled to withhold under
subdivision 3 other than to remedy the tenant's default in the
payment of rent; and
(2) interest on the whole deposit as provided in
subdivision 2, in addition to the amount of rent withheld by the
tenant in violation of this subdivision.
Subd. 9. [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 tenant, in the
county of the landlord's residence.
Subd. 10. [WAIVER.] Any attempted waiver of this section
by a landlord and tenant, by contract or otherwise, shall be
void and unenforceable.
Subd. 11. [TENANCIES AFTER JULY 1, 1973.] The provisions
of this section shall apply only to tenancies commencing or
renewed on or after July 1, 1973. For the purposes of this
section, estates at will shall be deemed to be renewed at the
commencement of each rental period.
Sec. 17. [504B.181] [LANDLORD OR AGENT DISCLOSURE.]
Subdivision 1. [DISCLOSURE TO TENANT.] There shall be
disclosed to the residential tenant either in the rental
agreement or otherwise in writing prior to commencement of the
tenancy the name and address of:
(1) the person authorized to manage the premises; and
(2) the landlord of the premises or an agent authorized by
the landlord to accept service or process and receive and give
receipt for notices and demands.
Subd. 2. [POSTING OF NOTICE.] (a) A printed or typewritten
notice containing the information which must be disclosed under
subdivision 1 shall be placed in a conspicuous place on the
premises. This subdivision is complied with if notices posted
in compliance with other statutes or ordinances contain the
information required by this section.
(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 section 36 is available from the attorney
general to any residential tenant upon request.
Subd. 3. [SERVICE OF PROCESS.] If subdivisions 1 and 2
have not been complied with and a person desiring to make
service of process upon or give a notice or demand to the
landlord does not know the name and address of the landlord or
the landlord's agent, as that term is used in subdivision 1,
then a caretaker or manager of the premises or an individual to
whom rental payments for the premises are made shall be deemed
to be an agent authorized to accept service of process and
receive and give receipt for notices and demands on behalf of
the landlord. In case of service of process upon or receipt of
notice or demand by a person who is deemed to be an agent
pursuant to this subdivision, this person shall give the
process, notice, or demand, or a copy thereof, to the landlord
personally or shall send it by certified mail, return receipt
requested, to the landlord at the landlord's last known address.
Subd. 4. [INFORMATION REQUIRED FOR MAINTENANCE OF ACTION.]
Except as otherwise provided in this subdivision, no action to
recover rent or possession of the premises shall be maintained
unless the information required by this section has been
disclosed to the tenant in the manner provided in this section,
or unless the information required by this section is known by
or has been disclosed to the tenant at least 30 days prior to
the initiation of such action. Failure by the landlord to post
a notice required by subdivision 2, or section 471.9995 shall
not prevent any action to recover rent or possession of the
premises.
Subd. 5. [NOTICE TO LANDLORD.] Any residential tenant who
moves from or subleases the premises without giving the landlord
at least 30 days written notice shall void any provision of this
section and section 19, as to that tenant.
Subd. 6. [SUCCESSORS.] This section extends to and is
enforceable against any successor landlord or individual to whom
rental payments for the premises are made.
BUILDING INSPECTION REPORTS;
BUILDING CODE VIOLATIONS;
CONDEMNED BUILDINGS
Sec. 18. [504B.185] [INSPECTION; NOTICE.]
Subdivision 1. [WHO MAY REQUEST.] If requested by a
residential tenant, a housing-related neighborhood organization
with the written permission of a residential tenant, or, if a
residential building is unoccupied, by a housing-related
neighborhood organization, an inspection shall be made by the
local authority charged with enforcing a code claimed to be
violated.
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 residential tenant or housing-related neighborhood
organization in writing of any code violations discovered.
(b) A reasonable period of time must be allowed in which to
correct the violations.
Sec. 19. [504B.191] [CODE VIOLATIONS RECORDS; DISCLOSURE.]
All code violation records pertaining to a particular
parcel of real property and the buildings, improvements, and
dwelling units located thereon kept by any state, county, or
city agency charged by the governing body of the appropriate
political subdivision with the responsibility for enforcing a
state, county, or city health, housing, building, fire
prevention, or housing maintenance code shall be available to
all persons having a reasonable need for the information
contained in the records relating to the premises, 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. 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) any person having any legal or beneficial interest in
the premises, including a tenant;
(2) any person considering in good faith the lease or
purchase of the premises;
(3) any person authorized to request an inspection under
section 18; and
(4) a party to any action related to the premises,
including actions maintained pursuant to sections 13, 15, or 58
to 72.
Sec. 20. [504B.195] [DISCLOSURE REQUIRED FOR OUTSTANDING
INSPECTION AND CONDEMNATION ORDERS.]
Subdivision 1. [DISCLOSURE TO TENANT.] (a) Except as
provided in subdivision 3, a landlord, agent, or person acting
under the landlord's direction or control 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 18, that the
housing 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 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 housing
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, agent, or person
acting under the landlord's control 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.
Subd. 2. [PENALTY.] If the landlord, agent, or person
acting under the landlord's direction or control violates this
section, the tenant is entitled to remedies provided by section
8.31, subdivision 3a, and other equitable relief as determined
by the court.
Subd. 3. [EXCEPTION.] A landlord, agent, or person acting
under the landlord's direction or control is not in violation of
this section if:
(1) the landlord, agent, or person acting under the
landlord's direction or control 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, agent, or person acting under the
landlord's direction or control completes the repairs within the
time given to repair, including any extension of the deadline.
Subd. 4. [LANDLORD'S DEFENSE.] It is an affirmative
defense in an action brought under this section for the
landlord, agent, or person acting under the landlord's control
to prove that disclosure was made as required under subdivision
1.
Subd. 5. [REMEDIES ADDITIONAL.] The remedies provided in
this section are in addition to and shall not limit other rights
or remedies available to landlords and tenants. Any provision,
whether oral or written, of any lease or other agreement,
whereby any provision of this section is waived by a tenant, is
contrary to public policy and void.
Sec. 21. [504B.204] [ACTION FOR RENTAL OF CONDEMNED
RESIDENTIAL PREMISES.]
(a) A landlord, agent, or person acting under the
landlord's direction or control may not accept rent or a
security deposit for residential rental property from a tenant
after the leased premises have been condemned or declared unfit
for human habitation by the applicable state or local authority,
if the tenancy commenced after the premises were condemned or
declared unfit for human habitation. If a landlord, agent, or a
person acting under the landlord's direction or control violates
this section, the landlord is liable to the tenant for actual
damages and an amount equal to three times the amount of all
money collected from the tenant after date of condemnation or
declaration, plus costs and attorney fees.
(b) The remedies provided in this section are in addition
to and shall not limit other rights or remedies available to
landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and
void.
TENANT'S RIGHTS
Sec. 22. [504B.205] [RESIDENTIAL TENANT'S RIGHT TO SEEK
POLICE AND EMERGENCY ASSISTANCE.]
Subdivision 1. [DEFINITIONS.] In this section, "Domestic
abuse" has the meaning given in section 518B.01, subdivision 2.
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 residential tenant to waive the residential
tenant's right to call for police or emergency assistance.
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.
Subd. 4. [RESIDENTIAL 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 tenants,
damage to property, and disorderly conduct.
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.
Subd. 6. [ATTORNEY GENERAL AUTHORITY.] The attorney
general has authority under section 8.31 to investigate and
prosecute violations of this section.
Sec. 23. [504B.211] [RESIDENTIAL TENANT'S RIGHT TO
PRIVACY.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, "landlord" has the meaning defined in section 1,
subdivision 7, and also includes the landlord's agent or other
person acting under the landlord's direction and control.
Subd. 2. [ENTRY BY LANDLORD.] Except as provided in
subdivision 5, 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 residential tenant
reasonable notice under the circumstances of the intent to
enter. A residential tenant may not waive and the landlord may
not require the residential tenant to waive the residential
tenant's right to prior notice of entry under this section as a
condition of entering into or maintaining the lease.
Subd. 3. [REASONABLE PURPOSE.] For purposes of subdivision
2, a reasonable business purpose includes, but is not limited to:
(1) showing the unit to prospective residential tenants
during the notice period before the lease terminates or after
the current residential tenant has given notice to move to the
landlord or the landlord'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 residential tenant is causing a disturbance within
the unit;
(6) the landlord has a reasonable belief that the
residential tenant is violating the lease within the residential
tenant's unit;
(7) prearranged housekeeping work in senior housing where
80 percent or more of the residential 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 residential tenant has vacated the unit.
Subd. 4. [EXCEPTION TO NOTICE
REQUIREMENT.] Notwithstanding subdivision 2, a landlord may
enter the premises rented by a residential tenant to inspect or
take appropriate action without prior notice to the residential
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 residential
tenant's safety; or
(3) immediate entry is necessary in order to comply with
local ordinances regarding unlawful activity occurring within
the residential tenant's premises.
Subd. 5. [ENTRY WITHOUT RESIDENTIAL TENANT'S PRESENCE.] If
the landlord enters when the residential 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.
Subd. 6. [PENALTY.] If a landlord substantially violates
subdivision 2, the residential 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 16, and up to a $100 civil penalty for each
violation. If a landlord violates subdivision 5, the
residential tenant is entitled to up to a $100 civil penalty for
each violation. A residential tenant shall follow the
procedures in sections 56, 57, and 59 to 73 to enforce the
provisions of this section.
Subd. 7. [EXEMPTION.] This section does not apply to
residential tenants and landlords of manufactured home parks as
defined in section 327C.01.
UTILITIES INTERRUPTIONS; UNLAWFUL OUSTER
Sec. 24. [504B.215] [EMERGENCY CONDITIONS; LOSS OF
ESSENTIAL SERVICES.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, "single-metered residential building" means a multiunit
rental 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.
Subd. 2. [SINGLE-METER UTILITY SERVICE PAYMENTS.] In a
residential leasehold contract entered into or renewed on or
after August 1, 1995, the landlord 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 landlord must advise the utility provider
that the utility services apply to a single-metered residential
building. A failure by the landlord to comply with this
subdivision is a violation of sections 13, subdivision 1, clause
(1), and 25. This subdivision may not be waived by contract or
otherwise. This subdivision does not require a landlord to
contract and pay for utility service provided to each
residential unit through a separate meter which accurately
measures that unit's use only.
Subd. 3. [PROCEDURE.] (a) When a municipality, utility
company, or other company supplying home heating oil, propane,
natural gas, electricity, or water to a building has issued a
final notice or has posted the building proposing to disconnect
or discontinue the service to the building because a landlord
who has contracted for the service has failed to pay for it or
because a landlord is required by law or contract to pay for the
service and fails to do so, a tenant or group of tenants may pay
to have the service continued or reconnected as provided under
this section. Before paying for the service, the tenant or
group of tenants shall give oral or written notice to the
landlord of the tenant's 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 notification, written notice shall be mailed or
delivered to the landlord within 24 hours after oral notice is
given.
(b) In the case of natural gas, electricity, or water, if
the landlord has not yet paid the bill by the time of the
tenant's intended payment, or if the service remains
discontinued, the tenant or 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.
(c) In the case of home heating oil or propane, if the
landlord has not yet paid the bill by the time of the tenant's
intended payment, or if the service remains discontinued, the
tenant or tenants may order and pay for one month's supply of
the proper grade and quality of oil or propane.
(d) After submitting receipts for the payment to the
landlord, a tenant may deduct the amount of the tenant's payment
from the rental payment next paid to the landlord. Any amount
paid to the municipality, utility company, or other company by a
tenant under this subdivision is considered payment of rent to
the landlord for purposes of section 39.
Subd. 4. [LIMITATIONS; WAIVER PROHIBITED; RIGHTS AS
ADDITIONAL.] The tenant rights under this section:
(1) do not extend to conditions caused by the willful,
malicious, or negligent conduct of the 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 which
may be available to the tenant in law or equity, including the
right to damages and the right to restoration of possession of
the premises under section 39.
Sec. 25. [504B.221] [UNLAWFUL TERMINATION OF UTILITIES.]
(a) Except as otherwise provided in this section, if a
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 tenant, the
tenant may recover from the landlord treble damages or $500,
whichever is greater, and reasonable attorney's fees. It is a
defense to any action brought under this section that the
interruption was the result of the deliberate or negligent act
or omission of a tenant or anyone acting under the direction or
control of the tenant. The tenant may recover only actual
damages under this section if:
(1) the tenant has not given the landlord, an agent, or
other person acting under the landlord's direction or control,
notice of the interruption; or
(2) the landlord, an agent, or other person acting under
the landlord's direction or control, after receiving notice of
the interruption from the tenant and within a reasonable period
of time after the interruption, taking into account the nature
of the service interrupted and the effect of the interrupted
service on the health, welfare, and safety of the tenants, has
reinstated or made a good faith effort to reinstate the service
or has taken other remedial action; or
(3) the interruption was for the purpose of repairing or
correcting faulty or defective equipment or protecting the
health and safety of the occupants of the premises involved and
the service was reinstated or a good faith effort was made to
reinstate the service or other remedial action was taken by the
landlord, an agent, or other person acting under the landlord's
direction or control within a reasonable period of time, taking
into account the nature of the defect, the nature of the service
interrupted, and the effect of the interrupted service on the
health, welfare, and safety of the tenants.
(b) The remedies provided in this section are in addition
to and shall not limit other rights or remedies available to
landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and
void. The provisions of this section also apply to occupants
and owners of residential real property which is the subject of
a mortgage foreclosure or contract for deed cancellation and as
to which the period for redemption or reinstatement of the
contract has expired.
Sec. 26. [504B.225] [INTENTIONAL OUSTER AND INTERRUPTION
OF UTILITIES; MISDEMEANOR.]
A landlord, an agent, or person acting under the landlord's
direction or control who unlawfully and intentionally removes or
excludes a tenant from lands or tenements or intentionally
interrupts or causes the interruption of electrical, heat, gas,
or water services to the tenant with intent to unlawfully remove
or exclude the tenant from lands or tenements is guilty of a
misdemeanor. In any trial under this section, it shall be
presumed that the landlord, agent, or other person acting under
the landlord's direction or control interrupted or caused the
interruption of the service with intent to unlawfully remove or
exclude the tenant from lands or tenements, if it is established
by evidence 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
tenant. The burden is upon the landlord to rebut the
presumption.
The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to
landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and
void. The provisions of this section also apply to occupants
and owners of residential real property which is the subject of
a mortgage foreclosure or contract for deed cancellation and as
to which the period for redemption or reinstatement of the
contract has expired.
Sec. 27. [504B.231] [DAMAGES FOR OUSTER.]
(a) If a landlord, an agent, or other person acting under
the landlord's direction or control unlawfully and in bad faith
removes, excludes, or forcibly keeps out a tenant from a
residential premises, the tenant may recover from the landlord
treble damages or $500, whichever is greater, and reasonable
attorney's fees.
(b) The remedies provided in this section are in addition
to and shall not limit other rights or remedies available to
landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and
void. The provisions of this section also apply to occupants
and owners of residential real property which is the subject of
a mortgage foreclosure or contract for deed cancellation and as
to which the period for redemption or reinstatement of the
contract has expired.
RESIDENTIAL TENANT REPORTS
Sec. 28. [504B.235] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 28 to 30.
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.
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 creditworthiness, credit standing,
credit capacity, character, general reputation, personal
characteristics, or mode of living, and that is collected, used,
or expected to be used for the purpose of making decisions
relating to residential tenancies or residential tenancy
applications.
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 tenants or
assembling tenant reports for monetary fees, dues, or on a
cooperative nonprofit basis.
Sec. 29. [504B.241] [RESIDENTIAL TENANT REPORTS;
DISCLOSURE AND CORRECTIONS.]
Subdivision 1. [DISCLOSURES REQUIRED.] (a) Upon 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 past 30 days
to deny the rental or increase the security deposit or rent of a
residential housing unit to the individual. 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
required under this section. 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.
(c) Files maintained on a residential tenant must be
disclosed promptly as established in paragraphs (1) to (4).
(1) A residential tenant file must be disclosed in person,
during normal business hours, at the location where the
residential tenant screening service maintains its files, if the
residential tenant appears in person and furnishes proper
identification at that time.
(2) A residential tenant file must be disclosed by mail, if
the residential tenant makes a written request with proper
identification for a copy of the information contained in the
residential tenant report and requests that the information be
sent to a specified address. A disclosure made under this
paragraph shall be deposited in the United States mail, postage
prepaid, within five business days after the written request for
disclosure is received by the residential tenant screening
service. A residential tenant screening service complying with
a request for disclosure under this paragraph shall not be
liable for disclosures to third parties caused by mishandling
mail, provided that the residential tenant file information is
mailed to the address specified by the residential tenant in the
request.
(3) A summary of the information in a residential tenant
file must be disclosed by telephone, if the residential tenant
has made a written request with proper identification for
telephone disclosure.
(4) Information in a residential 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 residential tenant and available from the residential tenant
screening service.
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 past six months.
Subd. 3. [EXPLANATIONS.] The residential tenant screening
service must permit an individual to explain any eviction report
or any 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.
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 residential tenant 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 30 if the
residential tenant screening service reports complete and
accurate information as provided by the court.
(b) A residential tenant screening service shall not
provide residential tenant reports containing information on
eviction actions in the second and fourth judicial districts,
unless the residential 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.
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 covenants under section 13 or 15, other
breach of a lease agreement, or a counterclaim for possession of
the premises under section 57.
Subd. 6. [INFORMATION TO RESIDENTIAL TENANT.] If the
landlord uses information in a residential tenant report to deny
the rental or increase the security deposit or rent of a
residential housing unit, the landlord must inform the
prospective residential tenant of the name and address of the
tenant screening service that provided the residential tenant
report.
Sec. 30. [504B.245] [TENANT REPORT; REMEDIES.]
The remedies provided in section 8.31 apply to a violation
of section 29. A residential tenant screening service or
landlord in compliance with the provisions of the Fair Credit
Reporting Act, United States Code, title 15, section 1681, et
seq., is considered to be in compliance with section 29.
MISCELLANEOUS RIGHTS
Sec. 31. [504B.251] [RECORDING OF NOTICE OF CANCELLATION
OF LEASES.]
Where a lease has been duly recorded, the county recorder
must record a copy of the notice of cancellation or termination
of the lease that has been presented for recording by the
landlord, landlord's agent, or attorney. The notice must be
accompanied by proof of service and an affidavit of the landlord
or the landlord's agent or attorney stating that the tenant has
not complied with the terms of the notice. This notice is prima
facie evidence of the facts stated in it.
Sec. 32. [504B.255] [TERMINATION NOTICE REQUIREMENT FOR
FEDERALLY SUBSIDIZED HOUSING.]
The landlord of federally subsidized rental housing must
give residential tenants of federally subsidized rental housing
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 shall be provided at the commencement of the
lease if the lease commences less than one year before any of
the conditions in clauses (1) to (4) apply.
Sec. 33. [504B.261] [PETS IN SUBSIDIZED HANDICAPPED
ACCESSIBLE RENTAL HOUSING UNITS.]
In a multiunit residential building, a 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
renter 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 renters. The landlord may require the
renter 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 renter leaves the unit
of housing to the extent it exceeds the amount of damage
actually caused by the animal.
Sec. 34. [504B.265] [TERMINATION OF LEASE UPON DEATH OF
TENANT.]
Subdivision 1. [TERMINATION OF LEASE.] Any party to a
lease of residential premises other than a lease at will may
terminate the lease prior to its expiration date in the manner
provided in subdivision 2 upon the death of the tenant or, if
there is more than one tenant, upon the death of all tenants.
Subd. 2. [NOTICE.] Either the landlord or the personal
representative of the tenant's estate may terminate the lease
upon at least two months' written notice, to be 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 of this subdivision by delivering or mailing the
notice to the premises formerly occupied by the tenant. The
termination of a lease under this section shall not relieve the
tenant's estate from liability either for the payment of rent or
other sums owed prior to or during the notice period, or for the
payment of amounts necessary to restore the premises to their
condition at the commencement of the tenancy, ordinary wear and
tear excepted.
Subd. 3. [WAIVER PROHIBITED.] Any attempted waiver by a
landlord and tenant or tenant's personal representative, by
contract or otherwise, of the right of termination provided by
this section, and any lease provision or agreement requiring a
longer notice period than that provided by this section, shall
be void and unenforceable; provided, however, that the landlord
and tenant or tenant's personal representative may agree to
otherwise modify the specific provisions of this section.
Subd. 4. [APPLICABILITY.] The provisions of this section
apply to leases entered into or renewed after May 12, 1981.
Sec. 35. [504B.271] [TENANT'S PERSONAL PROPERTY REMAINING
IN PREMISES.]
Subdivision 1. [ABANDONED PROPERTY.] If a tenant abandons
rented premises, the landlord may take possession of the
tenant's personal property remaining on the premises, and shall
store and care for the property. The landlord has a claim
against the tenant for reasonable costs and expenses incurred in
removing the tenant's property and in storing and caring for the
property.
The landlord may sell or otherwise dispose of the property
60 days after the landlord receives actual notice of the
abandonment, or 60 days after it reasonably appears to the
landlord that the tenant has abandoned the premises, whichever
occurs last, and 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 16, subdivision
3, paragraphs (a) and (b). Any remaining proceeds of any sale
shall be paid to the tenant upon written demand.
Prior to the sale, the landlord shall make reasonable
efforts to notify the tenant of the sale at least 14 days prior
to the sale, by personal service in writing or sending written
notification of the sale by certified mail, return receipt
requested, to the tenant's last known address or usual place of
abode, if known by the landlord, and by posting notice of the
sale in a conspicuous place on the premises for at least two
weeks.
Subd. 2. [LANDLORD'S PUNITIVE DAMAGES.] If a landlord, an
agent, or other person acting under the landlord's direction or
control, in possession of a tenant's personal property, fails to
allow the tenant to retake possession of the property within 24
hours after written demand by the tenant or the tenant's duly
authorized representative or within 48 hours, exclusive of
weekends and holidays, after written demand by the tenant or a
duly authorized representative when the landlord, the landlord's
agent or 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 premises, the tenant
shall recover from the landlord punitive damages not to exceed
$300 in addition to actual damages and reasonable attorney's
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 tenant;
(3) if the landlord, an agent, or other person acting under the
landlord's direction or control unlawfully took possession of
the tenant's property; and (4) if the landlord, an agent, or
other person under the landlord's direction or control acted in
bad faith in failing to allow the tenant to retake possession of
the property.
The provisions of this subdivision do not apply to personal
property which has been sold or otherwise disposed of by the
landlord in accordance with subdivision 1, or to landlords who
are housing authorities, created, or authorized to be created by
sections 469.001 to 469.047, and their agents and employees, in
possession of a tenant's personal property, except that housing
authorities must allow the tenant to retake possession of the
property in accordance with this subdivision.
Subd. 3. [STORAGE.] If the landlord, an agent, or other
person acting under the landlord's direction or control has
unlawfully taken possession of a tenant's personal property the
landlord shall be responsible for paying the cost and expenses
relating to the removal, storage, or care of the property.
Subd. 4. [REMEDIES ADDITIONAL.] The remedies provided in
this section are in addition to and shall not limit other rights
or remedies available to landlords and tenants. Any provision,
whether oral or written, of any lease or other agreement,
whereby any provision of this section is waived by a tenant, is
contrary to public policy and void. The provisions of this
section also apply to occupants and owners of residential real
property which is the subject of a mortgage foreclosure or
contract for deed cancellation and as to which the period for
redemption or reinstatement of the contract has expired.
Sec. 36. [504B.275] [ATTORNEY GENERAL'S STATEMENT;
DISTRIBUTION.]
In this section, "residential tenant" does not include
residents of manufactured home parks as defined in section
327C.01, subdivision 9.
The attorney general shall prepare and make available to
the public a statement which summarizes the significant legal
rights and obligations of landlords and residential tenants of
rental dwelling units. The statement shall include descriptions
of the significant provisions of this chapter. The statement
shall notify residential tenants in public housing to consult
their leases for additional rights and obligations they may have
under federal law. The statement shall include the telephone
number and address of the attorney general for further
information.
The attorney general shall annually revise the statement
provided in this section 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 of rental dwelling units. After preparing the statement
for the first time and 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.
EVICTION ACTIONS
Sec. 37. [504B.281] [FORCIBLE ENTRY AND UNLAWFUL DETAINER
PROHIBITED.]
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.
Sec. 38. [504B.285] [EVICTION ACTIONS; GROUNDS;
RETALIATION DEFENSE; COMBINED ALLEGATIONS.]
Subdivision 1. [GROUNDS.] The person entitled to the
premises may recover possession by eviction when:
(1) any person holds over real property:
(i) after a sale of the property on an execution or
judgment;
(ii) on foreclosure of a mortgage and expiration of the
time for redemption; or
(iii) after termination of contract to convey the property,
provided that if the person holding the real property after the
expiration of the time for redemption or termination is a
tenant, the person has received:
(A) at least one month's written notice to vacate no sooner
than one month after the expiration of the time for redemption
or termination, provided that the tenant pays the rent and
abides by all terms of the lease; or
(B) at least one month's written notice to vacate no later
than the date of the expiration of the time for redemption or
termination, which notice shall also state that the sender will
hold the tenant harmless for breaching the lease by vacating the
premises if the mortgage is redeemed or the contract is
reinstated;
(2) any person holds over real property after termination
of the time for which it is demised or leased to that person or
to the persons under whom that person holds possession, contrary
to the conditions or covenants of the lease or agreement under
which that person holds, or after any rent becomes due according
to the terms of such lease or agreement; or
(3) any tenant at will holds over after the termination of
the tenancy by notice to quit.
Subd. 2. [RETALIATION DEFENSE.] It is a defense to an
action for recovery of premises following the alleged
termination of a tenancy by notice to quit for the defendant to
prove by a fair preponderance of the evidence that:
(1) the alleged termination was intended in whole or part
as a penalty for the defendant's good faith attempt to secure or
enforce rights under a lease or contract, oral or written, under
the laws of the state or any of its governmental subdivisions,
or of the United States; or
(2) the alleged termination was intended in whole or part
as a penalty for the defendant's good faith report to a
governmental authority of the plaintiff's violation of a health,
safety, housing, or building code or ordinance.
If the notice to quit was served within 90 days of the date
of an act of the tenant coming within the terms of clause (1) or
(2) the burden of proving that the notice to quit was not served
in whole or part for a retaliatory purpose shall rest with the
plaintiff.
Subd. 3. [RENT INCREASE AS PENALTY.] In any proceeding for
the recovery of premises upon the ground of nonpayment of rent,
it is a defense if the tenant establishes by a preponderance of
the evidence that the plaintiff increased the tenant's rent or
decreased the services as a penalty in whole or part for any
lawful act of the tenant as described in subdivision 2,
providing that the tenant tender to the court or to the
plaintiff the amount of rent due and payable under the tenant's
original obligation.
Subd. 4. [NONLIMITATION OF LANDLORD'S RIGHTS.] Nothing
contained in subdivisions 2 and 3 limits the right of the
landlord pursuant to the provisions of subdivision 1 to
terminate a tenancy for a violation by the tenant of a lawful,
material provision of a lease or contract, whether written or
oral, or to hold the tenant liable for damage to the premises
caused by the tenant or a person acting under the tenant's
direction or control.
Subd. 5. [COMBINING ALLEGATIONS.] (a) An action for
recovery of the premises may combine the allegation of
nonpayment of rent and the allegation of material violation of
the lease, which shall be heard as alternative grounds.
(b) In cases where rent is outstanding, a tenant is not
required to pay into court the amount of rent in arrears,
interest, and costs as required under section 39 to defend
against an allegation by the landlord that the tenant has
committed a material violation of the lease.
(c) If the landlord does not prevail in proving material
violation of the lease, and the landlord has also alleged that
rent is due, the tenant shall be permitted to present defenses
to the court that the rent is not owing. The tenant shall be
given up to seven days of additional time to pay any rent
determined by the court to be due. The court may order the
tenant to pay rent and any costs determined to be due directly
to the landlord or to be deposited with the court.
Sec. 39. [504B.291] [EVICTION ACTION FOR NONPAYMENT;
REDEMPTION; OTHER RIGHTS.]
Subdivision 1. [ACTION TO RECOVER.] (a) A landlord may
bring an eviction action for nonpayment of rent irrespective of
whether the lease contains a right of reentry clause. Such an
eviction action is equivalent to a demand for the rent. In such
an action, unless the landlord has also sought to evict the
tenant by alleging a material violation of the lease under
section 38, subdivision 5, the tenant may, at any time before
possession has been delivered, redeem the tenancy and be
restored to possession by paying to the landlord or bringing to
court the amount of the rent that is in arrears, with interest,
costs of the action, and an attorney's fee not to exceed $5, and
by performing any other covenants of the lease.
(b) If the tenant 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's fees required by
paragraph (a), the court may permit the tenant 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 49.
(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 49 may be
applied to the balance due and does not waive the landlord's
action to recover possession of the premises for nonpayment of
rent.
(d) Rental payments under this subdivision must first be
applied to rent claimed as due in the complaint from prior
rental periods before applying any payment toward rent claimed
in the complaint for the current rental period, unless the court
finds that under the circumstances the claim for rent from prior
rental periods has been waived.
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 tenant 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 tenant 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 tenant 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 tenant's abandonment or surrender of the property or
the landlord prevails in the action, the tenant 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.
Subd. 3. [RECORDING OF EVICTION OR EJECTMENT
ACTIONS.] Upon recovery of possession by the landlord in the
action, a certified copy of the judgment shall, upon
presentation, be recorded in the office of the county recorder
of the county where the land is situated if unregistered land or
in the office of the registrar of titles of the county if
registered land and upon recovery of possession by the landlord
by abandonment or surrender by the tenant an affidavit by the
landlord or the landlord's attorney setting forth the fact shall
be recorded in a like manner and the recorded certified copy of
the judgment or the recorded affidavit shall be prima facie
evidence of the facts stated therein in reference to the
recovery of possession by the landlord.
Sec. 40. [504B.301] [EVICTION ACTION FOR UNLAWFUL
DETENTION.]
A person may be evicted if the person has unlawfully or
forcibly occupied or taken possession of real property or
unlawfully detains or retains possession of real property.
A seizure under section 609.5317, subdivision 1, for which
there is not a defense under section 609.5317, subdivision 3,
constitutes unlawful detention by the tenant.
Sec. 41. [504B.305] [NOTICE OF SEIZURE PROVISION.]
Landlords shall give written notice to tenants of the
provision relating to seizures in section 40. Failure to give
such notice does not subject the landlord to criminal or civil
liability and is not a defense under section 609.5317,
subdivision 3.
Sec. 42. [504B.311] [NO EVICTION ACTION IF TENANT HOLDS
OVER FOR THREE YEARS.]
No person may bring an eviction action against an occupant
of any premises where that occupant's lease, or the lease of
that occupant's ancestors or predecessor in interest, was
terminated more than three years before the beginning of the
action and where the occupant of the premises or that person's
ancestors or predecessor in interest were in quiet possession
for three consecutive years immediately before the filing of the
eviction.
Sec. 43. [504B.315] [RESTRICTIONS ON EVICTION DUE TO
FAMILIAL STATUS.]
(a) As used in this section, "familial status" has the
meaning given it in section 363.01, subdivision 19.
(b) No residential tenant of residential premises may be
evicted, denied a continuing tenancy, or denied a renewal of a
lease on the basis of familial status commenced during the
tenancy unless one year has elapsed from the commencement of the
familial status and the landlord has given the tenant six months
prior notice in writing, except in case of nonpayment of rent,
damage to the premises, disturbance of other tenants, or other
breach of the lease. Any provision, whether oral or written, of
any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and
void.
Sec. 44. [504B.321] [COMPLAINT AND SUMMONS.]
Subdivision 1. [PROCEDURE.] (a) To bring an eviction
action, the person complaining shall 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 premises of which possession is claimed, stating
the facts which authorize the recovery of possession, and asking
for recovery thereof.
(b) The lack of the full name and date of birth of the
person against whom the complaint is made does not deprive the
court of jurisdiction or make the complaint invalid.
(c) The court shall issue a summons, commanding the person
against whom the complaint is made to appear before the court on
a day and at a place stated in the summons.
(d) The appearance shall be not less than seven nor more
than 14 days from the day of issuing the summons, except as
provided by paragraph (b).
(e) A copy of the complaint shall be attached to the
summons, which shall state that the copy is attached and that
the original has been filed.
Subd. 2. [EXPEDITED PROCEDURE.] (a) In an eviction action
brought under section 15 or on the basis that the tenant 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.
(b) 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.
(c) 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 tenant within 24 hours of issuance unless the
court orders otherwise for good cause shown.
(d) If the court determines that the person seeking an
expedited hearing did so without sufficient basis under the
requirements of this subdivision, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.
Sec. 45. [504B.325] [EXPEDITED RELIEF.]
A landlord or the landlord's agent 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 44.
Sec. 46. [504B.331] [SUMMONS; HOW SERVED.]
(a) The summons must be served at least seven days before
the date of the court appearance specified in section 44, 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 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 occupying the premises.
(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) the property described in the complaint is:
(i) nonresidential and no person actually occupies the
property; or
(ii) 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 p.m. and 10:00 p.m.;
and
(2) the plaintiff or the plaintiff's attorney has signed
and filed with the court an affidavit stating that:
(i) the defendant cannot be found, or that the plaintiff or
the plaintiff'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.
Sec. 47. [504B.335] [ANSWER; TRIAL.]
(a) At the court appearance specified in the summons, the
defendant may answer the complaint, and the court shall hear and
decide the action, unless it grants a continuance of the trial
as provided in section 48.
(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 54.
(d) The court, in scheduling appearances and hearings under
this section, shall give priority to any eviction brought under
section 15, or on the basis that the defendant is a tenant and
is causing a nuisance or seriously endangers the safety of other
residents, their property, or the landlord's property.
Sec. 48. [504B.341] [CONTINUANCE OF TRIAL.]
(a) In an eviction action, the court, in its discretion,
may grant a continuance of the trial for no more than six days
unless all parties consent to longer continuance.
(b) However, in all actions brought under section 38, other
than actions on a written lease signed by both parties, the
court shall continue the trial as necessary but for no more than
three months if the defendant or the defendant's agent or
attorney:
(1) states under oath that the defendant cannot proceed to
trial because a material witness is not present;
(2) names the witness;
(3) states under oath that the defendant has made due
exertion to obtain the witness;
(4) states the belief that if the continuance is allowed
the defendant will be able to procure the attendance of the
witness at the trial or to obtain the witness's deposition; and
(5) gives a bond that the plaintiff will be paid all rent
that accrues during the pendency of the action and all costs and
damages that accrue due to the adjournment.
Sec. 49. [504B.345] [JUDGMENT; EXECUTION.]
Subdivision 1. [GENERAL.] (a) If the court or jury finds
for the plaintiff, the court shall immediately enter judgment
that the plaintiff shall have recovery of the premises, and
shall tax the costs against the defendant. The court shall
issue execution in favor of the plaintiff for the costs and also
immediately issue a writ of recovery of premises and order to
vacate.
(b) The court shall give priority in issuing a writ of
recovery of premises and order to vacate for an eviction action
brought under section 15 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.
(c) If the court or jury finds for the defendant, the court
shall enter judgment for the defendant, tax the costs against
the plaintiff, and issue execution in favor of the defendant.
(d) Except in actions brought: (1) under section 39 as
required by section 609.5317, subdivision 1; (2) under section
15; or (3) on the basis that the tenant is causing a nuisance or
seriously endangers the safety of other residents, their
property, or the landlord's property, upon a showing by the
defendant that immediate restitution of the premises would work
a substantial hardship upon the defendant or the defendant's
family, the court shall stay the writ of recovery of premises
and order to vacate for a reasonable period, not to exceed seven
days.
Subd. 2. [EXPEDITED WRIT.] If the court enters judgment
for the plaintiff in an action brought under section 39 as
required by section 609.5317, subdivision 1, the court may not
stay issuance of the writ of recovery of premises and order to
vacate unless the court makes written findings specifying the
extraordinary and exigent circumstances that warrant staying the
writ for a reasonable period, not to exceed seven days.
Sec. 50. [504B.351] [FAILURE OF JURY TO REACH A VERDICT.]
If the jury cannot agree upon a verdict, the court may
discharge the members and issue an order impaneling a new jury,
immediately or as agreed to by the parties or fixed by the court.
Sec. 51. [504B.355] [FORM OF VERDICT.]
The verdict of the jury or the finding of the court in
favor of the plaintiff in an eviction action shall be
substantially in the following form:
At a court held at ....., on the ..... day of .....,
year....., before ....., a judge in and for the county of .....
in an action between ....., plaintiff, and ....., defendant, the
jury (or, if the action be tried without a jury, the court) find
that the facts alleged in the complaint are true, and the
plaintiff shall recover possession of the premises and the
defendant(s) shall vacate the premises immediately.
.....................
If the verdict or finding is for the defendant, it shall be
sufficient to find that the facts alleged in the complaint are
not true.
Sec. 52. [504B.361] [FORMS OF SUMMONS AND WRIT.]
Subdivision 1. [SUMMONS AND WRIT.] (a) The summons and
writ of recovery of premises and order to vacate may be
substantially in the forms in paragraphs (b) and (c).
(b)
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 ....., a
copy of which is attached: You are hereby summoned to appear
before the undersigned on the ..... day of ....., year....., 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 ....., year.....
.............................,
Judge of ....... court.
(c)
FORM OF WRIT OF RECOVERY OF PREMISES AND 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 eviction
action, at a court held at ....., in the county of ...........,
on the ..... day of ....., year....., before ....., a judge of
the county, recovered a judgment against ....., the ....., to
have recovery of the following premises (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 ....... to be
immediately removed from the premises, and the plaintiff to
recover the premises. You are also commanded that from the
personal property of ............. 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
writ. You are ordered to return this writ within 30 days.
Dated at ....., this ..... day of ....., year....
.............................,
Judge of ........ court.
Subd. 2. [PRIORITY WRIT.] The court shall identify a writ
of recovery of premises and order to vacate property that is
issued pursuant to an eviction action under section 15, 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 53.
Sec. 53. [504B.365] [EXECUTION OF THE WRIT OF RECOVERY OF
PREMISES AND ORDER TO VACATE.]
Subdivision 1. [GENERAL.] (a) The officer who holds the
order to vacate shall execute it by demanding that the
defendant, if found in the county, any adult member of the
defendant's family who is occupying the premises, or any other
person in charge, relinquish possession and leave, taking family
and all personal property from the premises within 24 hours.
(b) If the defendant 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 plaintiff. The
officer shall remove the defendant, family, and all personal
property from the premises and place the plaintiff in possession.
(c) If the defendant cannot be found in the county, and
there is no person in charge of the premises, then the officer
shall enter the premises, breaking in if necessary, and remove
and store the personal property of the defendant at a place
designated by the plaintiff as provided in subdivision 3.
(d) The order may also be executed by a licensed police
officer or community crime prevention licensed police officer.
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 15, or on the basis that the defendant is
causing a nuisance or seriously endangers the safety of other
residents, their property, or the plaintiff's property.
Subd. 3. [REMOVAL AND STORAGE OF PROPERTY.] (a) If the
defendant's personal property is to be stored in a place other
than the premises, the officer shall remove all personal
property of the defendant at the expense of the plaintiff.
(b) The defendant must make immediate payment for all
expenses of removing personal property from the premises. If
the defendant fails or refuses to do so, the plaintiff 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 plaintiff 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
plaintiff may hold a public sale as provided in sections 514.18
to 514.22.
(d) If the defendant's personal property is to be stored on
the premises, the officer shall enter the premises, breaking in
if necessary, and the plaintiff may remove the defendant's
personal property. Section 35 applies to personal property
removed under this paragraph. The plaintiff must prepare an
inventory and mail a copy of the inventory to the defendant's
last known address or, if the defendant 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 their condition;
(2) the date, the signature of the defendant or the
defendant'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 plaintiff is responsible for the proper removal,
storage, and care of the defendant's personal property and is
liable for damages for loss of or injury to it caused by the
plaintiff's failure to exercise the same care that a reasonably
careful person would exercise under similar circumstances.
(g) The plaintiff shall notify the defendant of the date
and approximate time the officer is scheduled to remove the
defendant, family, and personal property from the premises. The
notice must be sent by first class mail. In addition, the
plaintiff must make a good faith effort to notify the defendant
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 plaintiff,
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 defendant that the defendant and the
defendant's personal property will be removed from the premises
if the defendant has not vacated the premises by the time
specified in the notice.
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 plaintiff refuses to return the property after proper demand
is made as provided in section 35, the court shall enter an
order requiring the plaintiff to return the property to the
defendant and awarding reasonable expenses including attorney
fees to the defendant.
Subd. 5. [PENALTY; WAIVER NOT ALLOWED.] Unless the
premises has been abandoned, a plaintiff, an agent, or other
person acting under the plaintiff's direction or control who
enters the premises and removes the defendant's personal
property in violation of this section is guilty of an unlawful
ouster under section 27 and is subject to penalty under section
26. This section may not be waived or modified by lease or
other agreement.
Sec. 54. [504B.371] [APPEALS.]
Subdivision 1. [STATEMENT OF INTENTION TO APPEAL.] If the
court renders judgment against the defendant and the defendant
or defendant's attorney informs the court the defendant intends
to appeal, the court shall issue an order staying the writ for
recovery of premises and order to vacate for at least 24 hours
after judgment, except as provided in subdivision 7.
Subd. 2. [TIME FOR APPEAL.] A party who feels aggrieved by
the judgment may appeal within ten days as provided for civil
actions in district court.
Subd. 3. [APPEAL BOND.] If the party appealing remains in
possession of the property, that party must give a bond that
provides that:
(1) all costs of the appeal will be paid;
(2) the party will comply with the court's order; and
(3) all rent and other damages due to the party excluded
from possession during the pendency of the appeal will be paid.
Subd. 4. [STAY PENDING APPEAL.] After the appeal is taken,
all further proceedings in the case are stayed, except as
provided in subdivision 7.
Subd. 5. [STAY OF WRIT ISSUED BEFORE APPEAL.] (a) Except
as provided in subdivision 7, if the court issues a writ for
recovery of premises and order to vacate before an appeal is
taken, the appealing party may request that the court stay
further proceedings and execution of the writ for possession of
premises and order to vacate, and the court shall grant a stay.
(b) If the party appealing remains in possession of the
premises, that party must give a bond under subdivision 3.
(c) When the officer who has the writ for possession of
premises and order to vacate is served with the order granting
the stay, the officer shall cease all further proceedings. If
the writ for possession of premises and order to vacate has not
been completely executed, the defendant shall remain in
possession of the premises until the appeal is decided.
Subd. 6. [DISMISSAL OF APPEALS; AMENDMENTS; RETURN.] In
all cases of appeal, the appellate court shall not dismiss or
quash the proceedings for want of form only, provided they have
been conducted substantially in accordance with the provisions
of this chapter. Amendments may be allowed at any time, upon
such terms as to the court may appear just, in the same cases
and manner and to the same extent as in civil actions. The
court may compel the trial court, by attachment, to make or
amend any return which is withheld or improperly or
insufficiently made.
Subd. 7. [EXCEPTION.] Subdivisions 1, 4, and 6 do not
apply in an action on a lease, against a tenant holding over
after the expiration of the term of the lease, or a termination
of the lease by a notice to quit, if the plaintiff gives a bond
conditioned to pay all costs and damages if on the appeal the
judgment of restitution is reversed and a new trial ordered. In
such a case, the court shall issue a writ for recovery of
premises and order to vacate notwithstanding the notice of
appeal, as if no appeal had been taken, and the appellate court
shall issue all needful writs and processes to carry out any
judgment which may be rendered in the court.
RESIDENTIAL TENANT ACTIONS
Sec. 55. [504B.375] [UNLAWFUL EXCLUSION OR REMOVAL; ACTION
FOR 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 premises as described in paragraphs (b) to (e).
(b) The residential tenant shall present a verified
petition to the district court of the judicial district of the
county in which the premises are located that:
(1) describes the premises and the landlord;
(2) specifically states the facts and grounds that
demonstrate that the exclusion or removal was unlawful,
including a statement that no writ of recovery of the premises
and order to vacate has been issued under section 49 in favor of
the landlord and against the residential tenant and executed in
accordance with section 53; 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 exclusion or removal was unlawful, the court
shall immediately order that the residential tenant have
possession of the premises.
(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 premises are 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 premises. 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 premises. If the
landlord, the landlord's agent, or other person in control of
the premises 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 premises. 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.
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 premises only by an
eviction action 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's fees.
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 within ten days after
entry. If the party appealing remains in possession of the
premises, 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.
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.
Subd. 5. [PURPOSE.] The purpose of this section is to
provide an additional and summary remedy for residential tenants
unlawfully excluded or removed from rental property and, except
where expressly provided in this section, sections 38 to 54 do
not apply to proceedings under this section.
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.
Sec. 56. [504B.381] [EMERGENCY TENANT REMEDIES ACTION.]
Subdivision 1. [PETITION.] A person authorized to bring an
action under section 59, 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.
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.
Subd. 3. [PETITION INFORMATION.] The petitioner must
present a verified petition to the district court that contains:
(1) a description of the premises 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.
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 set forth in the petition or by
separate affidavit, were made to notify the landlord but that
the efforts were unsuccessful.
Subd. 5. [RELIEF; SERVICE OF ORDER.] The court may order
relief as provided in section 64. The petitioner shall serve
the order on the landlord personally or by mail as soon as
practicable.
Subd. 6. [LIMITATION.] 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.
Subd. 7. [EFFECT OF OTHER LAWS.] Section 59, subdivisions
3 and 4, do not apply to a petition for emergency relief under
this section.
Sec. 57. [504B.385] [RENT ESCROW ACTION 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
14, 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 18, 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
14, 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.
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 not less than seven nor more than 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 44.
(d) The landlord must serve the counterclaim as provided in
section 46, except that the affidavit 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.
Subd. 3. [DEFENSES.] The defenses provided in section 62
are defenses to an action brought under this section.
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.
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 17, 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 premises
will not be in issue at the hearing unless the landlord files a
counterclaim for possession or an eviction action.
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.
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.
Subd. 8. [CONSOLIDATION WITH AN EVICTION ACTION.] Actions
under this section and eviction actions which involve the same
parties must be consolidated and heard on the date scheduled for
the eviction action.
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 64, 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 58.
(b) When a proceeding under this section has been
consolidated with a counterclaim for possession or an eviction
action, and the landlord prevails, the residential tenant may
redeem the tenancy as provided in section 39.
(c) When a proceeding under this section has been
consolidated with a counterclaim for possession or an eviction
action 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.
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.
Subd. 11. [RETALIATION; WAIVER NOT ALLOWED.] Section 67
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.
Sec. 58. [504B.391] [VIOLATIONS OF BUILDING REPAIR
ORDERS.]
Subdivision 1. [NONCOMPLIANCE; FINES.] If the court finds
that 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.
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.
TENANT REMEDIES ACTION
Sec. 59. [504B.395] [PROCEDURE.]
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 14, is alleged
to exist;
(2) any housing-related neighborhood organization with the
written permission of a residential tenant of a residential
building in which a violation, as defined in section 1,
subdivision 14, clause (1) or (2), is alleged to exist;
(3) a housing-related neighborhood organization that has
within its geographical area an unoccupied residential building
in which a violation, as defined in section 1, subdivision 14,
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.
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.
Subd. 3. [WHEN ACTION MAY BE BROUGHT.] (a) After a
residential building inspection has been made under section 18,
an action may not be brought under sections 56, 57, or 59 to 69
until the time granted under section 18, subdivision 2, has
expired and satisfactory repairs to remove the code violations
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 granted under
section 18, subdivision 2, is excessive.
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 14, clause (2)
or (3), is alleged to exist; or
(2) a housing-related neighborhood organization, with the
written permission of a residential tenant of a residential
building in which a violation, as defined in section 1,
subdivision 14, 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.
Subd. 5. [SUMMONS AND COMPLAINT REQUIRED.] The action must
be started by service of a complaint and summons. The summons
may be issued only by a judge or court administrator.
Subd. 6. [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 14, 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.
Sec. 60. [504B.401] [SUMMONS.]
Subdivision 1. [CONTENTS.] (a) On receipt of the complaint
in section 59, 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 56
and 59 to 73.
(b) The hearing must be scheduled not less than five nor
more than ten days after receipt of the complaint by the court
administrator.
Subd. 2. [SERVICE.] The summons and complaint must be
served upon the landlord or the landlord's agent not less than
five nor more than ten days before the hearing. Service shall
be by personal service upon the defendant pursuant to the
Minnesota Rules of Civil Procedure. If personal 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.
Sec. 61. [504B.411] [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.
Sec. 62. [504B.415] [DEFENSES.]
It is a sufficient defense to a complaint under section 57
or 59 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.
Sec. 63. [504B.421] [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.
Sec. 64. [504B.425] [JUDGMENT.]
(a) If the court finds that the complaint in section 59 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) The court 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) The court 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) The court may appoint an administrator with powers
described in section 68, and:
(1) direct that rents due:
(i) on and from the day of entry of judgment, in the case
of petitioning residential tenants or housing-related
neighborhood organizations; and
(ii) on and from the day of service of the judgment on all
other residential and commercial tenants of the residential
building, if any,
shall be deposited with the administrator appointed by the
court; and
(2) direct that 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) The court 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) After termination of administration, the court may
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) The court may grant any other relief it deems 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.
Sec. 65. [504B.431] [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.
Sec. 66. [504B.435] [LANDLORD'S RIGHT TO COLLECT RENT
SUSPENDED.]
If an administrator has been appointed pursuant to section
64, paragraph (d), any right of the landlord to collect rent
from the petitioner is void and unenforceable from the time the
court signs the order for judgment until the administration is
terminated. Any right of the landlord to collect rent from
other tenants is void and unenforceable from the time of service
of judgment as set forth in section 65 until the administration
is terminated.
Sec. 67. [504B.441] [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 housing-related 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.
Sec. 68. [504B.445] [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.
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 shall not be
required to post bond.
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.
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 56 and 59 to 73;
(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 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 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.
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. If the court finds that the
petition is proved, the court shall terminate the administration
and proceed to judgment under section 64, paragraph (e).
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.
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.
Subd. 8. [DWELLING'S ECONOMIC VIABILITY.] In considering
whether to grant the administrator funds under subdivision 4,
the court must consider factors relating to the long-term
economic viability of the dwelling, including:
(1) the causes leading to the appointment of an
administrator;
(2) the repairs necessary to bring the property into code
compliance;
(3) the market value of the property; and
(4) whether present and future rents will be sufficient to
cover the cost of repairs or rehabilitation.
Sec. 69. [504B.451] [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 68 for properties for
occupancy by low- and moderate-income persons or families.
Landlords must repay administrative expense payments made from
the fund.
Sec. 70. [504B.455] [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 upon approval of the
accounts.
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.
Subd. 3. [APPOINTMENT OF NEW ADMINISTRATOR.] If the
administrator is removed, the court shall appoint a new
administrator in accordance with section 68, giving all parties
an opportunity to be heard.
Sec. 71. [504B.461] [TERMINATION OF ADMINISTRATION.]
Subdivision 1. [EVENTS OF TERMINATION.] The administration
shall be terminated upon 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 according to section 68, subdivision 5.
Subd. 2. [ACCOUNTING BY ADMINISTRATOR.] After the
occurrence of any 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
administration, 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.
Subd. 3. [DISCHARGE OF ADMINISTRATOR.] Upon 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
section 56 and sections 59 to 73.
Sec. 72. [504B.465] [WAIVER NOT ALLOWED.]
Any provision of a lease or other agreement in which a
provision of section 56 or sections 59 to 73 is waived by a
residential tenant is contrary to public policy and void.
Sec. 73. [504B.471] [PURPOSE TO PROVIDE ADDITIONAL
REMEDIES.]
The purpose of section 56 and sections 59 to 73 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.
Sec. 74. [INSTRUCTION TO REVISOR.]
If Minnesota Statutes, chapter 504, 504A, or 566 is amended
in the 1999 legislative session, the revisor of statutes shall
codify the amendments in chapter 504B.
Sec. 75. [REPEALER.]
Laws 1998, chapter 253, sections 1 to 79, are repealed.
Sec. 76. [EFFECTIVE DATE.]
This article is effective July 1, 1999.
ARTICLE 2
CONFORMING CHANGES
Section 1. Minnesota Statutes 1998, section 72A.20,
subdivision 23, is amended to read:
Subd. 23. [DISCRIMINATION IN AUTOMOBILE INSURANCE
POLICIES.] (a) No insurer that offers an automobile insurance
policy in this state shall:
(1) use the employment status of the applicant as an
underwriting standard or guideline; or
(2) deny coverage to a policyholder for the same reason.
(b) No insurer that offers an automobile insurance policy
in this state shall:
(1) use the applicant's status as a residential tenant, as
the term is defined in section 566.18, subdivision 2 504B.001,
subdivision 12, as an underwriting standard or guideline; or
(2) deny coverage to a policyholder for the same reason; or
(3) make any discrimination in offering or establishing
rates, premiums, dividends, or benefits of any kind, or by way
of rebate, for the same reason.
(c) No insurer that offers an automobile insurance policy
in this state shall:
(1) use the failure of the applicant to have an automobile
policy in force during any period of time before the application
is made as an underwriting standard or guideline; or
(2) deny coverage to a policyholder for the same reason.
This provision does not apply if the applicant was required
by law to maintain automobile insurance coverage and failed to
do so.
An insurer may require reasonable proof that the applicant
did not fail to maintain this coverage. The insurer is not
required to accept the mere lack of a conviction or citation for
failure to maintain this coverage as proof of failure to
maintain coverage. The insurer must provide the applicant with
information identifying the documentation that is required to
establish reasonable proof that the applicant did not fail to
maintain the coverage.
(d) No insurer that offers an automobile insurance policy
in this state shall use an applicant's prior claims for benefits
paid under section 65B.44 as an underwriting standard or
guideline if the applicant was 50 percent or less negligent in
the accident or accidents causing the claims.
Sec. 2. Minnesota Statutes 1998, section 82.24,
subdivision 7, is amended to read:
Subd. 7. [INTEREST BEARING ACCOUNTS.] Notwithstanding the
provisions of sections 82.17 to 82.31, a real estate broker may
establish and maintain interest bearing accounts for the purpose
of receiving deposits in accordance with the provisions of
section 504.20 504B.178.
Sec. 3. Minnesota Statutes 1998, section 144.9504,
subdivision 7, is amended to read:
Subd. 7. [RELOCATION OF RESIDENTS.] (a) Within the limits
of appropriations, the assessing agency shall ensure that
residents are relocated from rooms or dwellings during a lead
hazard reduction process that generates leaded dust, such as
removal or disruption of lead-based paint or plaster that
contains lead. Residents shall not remain in rooms or dwellings
where the lead hazard reduction process is occurring. An
assessing agency is not required to pay for relocation unless
state or federal funding is available for this purpose. The
assessing agency shall make an effort to assist the resident in
locating resources that will provide assistance with relocation
costs. Residents shall be allowed to return to the residence or
dwelling after completion of the lead hazard reduction process.
An assessing agency shall use grant funds under section 144.9507
if available, in cooperation with local housing agencies, to pay
for moving costs and rent for a temporary residence for any
low-income resident temporarily relocated during lead hazard
reduction. For purposes of this section, "low-income resident"
means any resident whose gross household income is at or below
185 percent of federal poverty level.
(b) A resident of rental property who is notified by an
assessing agency to vacate the premises during lead hazard
reduction, notwithstanding any rental agreement or lease
provisions:
(1) shall not be required to pay rent due the landlord for
the period of time the tenant vacates the premises due to lead
hazard reduction;
(2) may elect to immediately terminate the tenancy
effective on the date the tenant vacates the premises due to
lead hazard reduction; and
(3) shall not, if the tenancy is terminated, be liable for
any further rent or other charges due under the terms of the
tenancy.
(c) A landlord of rental property whose tenants vacate the
premises during lead hazard reduction shall:
(1) allow a tenant to return to the dwelling unit after
lead hazard reduction and clearance inspection, required under
this section, is completed, unless the tenant has elected to
terminate the tenancy as provided for in paragraph (b); and
(2) return any security deposit due under section 504.20
504B.178 within five days of the date the tenant vacates the
unit, to any tenant who terminates tenancy as provided for in
paragraph (b).
Sec. 4. Minnesota Statutes 1998, section 144A.13,
subdivision 2, is amended to read:
Subd. 2. [RESIDENT'S RIGHTS.] The administrator of a
nursing home shall inform each resident in writing at the time
of admission of the right to complain to the administrator about
facility accommodations and services. A notice of the right to
complain shall be posted in the nursing home. The administrator
shall also inform each resident of the right to complain to the
commissioner of health. No controlling person or employee of a
nursing home shall retaliate in any way against a complaining
nursing home resident and no nursing home resident may be denied
any right available to the resident under chapter 566 504B.
Sec. 5. Minnesota Statutes 1998, section 144D.06, is
amended to read:
144D.06 [OTHER LAWS.]
A housing with services establishment shall obtain and
maintain all other licenses, permits, registrations, or other
governmental approvals required of it in addition to
registration under this chapter. A housing with services
establishment is subject to the provisions of sections 504.01 to
504.28 and 566.01 to 566.175 chapter 504B.
Sec. 6. Minnesota Statutes 1998, section 216C.30,
subdivision 5, is amended to read:
Subd. 5. [REMEDIES ADDITIONAL FOR HEALTH OR SAFETY
VIOLATION.] For purposes of sections 504.18 504B.161 and 566.18
504B.185 and 504B.381 to 566.33 504B.471, the weatherstripping,
caulking, storm window, and storm door energy efficiency
standards for renter-occupied residences prescribed by section
216C.27, subdivisions 1 and 3, are health and safety standards
and the penalties and remedies provided in this section are in
addition to and do not limit remedies otherwise available to
tenants of renter-occupied residences.
Sec. 7. Minnesota Statutes 1998, section 299C.67,
subdivision 5, is amended to read:
Subd. 5. [OWNER.] "Owner" has the meaning given to
"landlord" in section 566.18, subdivision 3 504B.001,
subdivision 7. However, "owner" does not include a person who
owns, operates, or is in control of a health care facility or a
home health agency licensed by the commissioner of health or
human services under chapter 144, 144A, 144B, or 245A, or a
board and lodging establishment with special services registered
under section 157.17.
Sec. 8. Minnesota Statutes 1998, section 299C.67,
subdivision 7, is amended to read:
Subd. 7. [TENANT.] "Tenant" has the meaning given to
"residential tenant" in section 566.18, subdivision 2 504B.001,
subdivision 12.
Sec. 9. Minnesota Statutes 1998, section 299C.69, is
amended to read:
299C.69 [OWNER DUTIES IF MANAGER CONVICTED OF CRIME.]
(a) If the superintendent's response indicates that the
manager has been convicted of a background check crime defined
in section 299C.67, subdivision 2, paragraph (a), the owner may
not hire the manager or, if the manager was hired pending
completion of the background check, shall terminate the
manager's employment. Except as provided in paragraph (c), if
an owner otherwise knows that a manager has been convicted of a
background check crime defined in section 299C.67, subdivision
2, paragraph (a), the owner shall terminate the manager's
employment.
(b) If the superintendent's response indicates that the
manager has been convicted of a background check crime defined
in section 299C.67, subdivision 2, paragraph (b), the owner may
not hire the manager unless more than ten years have elapsed
since the date of discharge of the sentence. If the manager was
hired pending completion of the background check, the owner
shall terminate the manager's employment unless more than ten
years have elapsed since the date of discharge of the sentence.
Except as provided in paragraph (c), if an owner otherwise knows
that a manager has been convicted of a background check crime
defined in section 299C.67, subdivision 2, paragraph (b), the
owner shall terminate the manager's employment unless more than
ten years have elapsed since the date of discharge of the
sentence.
(c) If an owner knows that a manager hired before July 1,
1995, was convicted of a background check crime for an offense
committed before July 1, 1995, the owner may continue to employ
the manager. However, the owner shall notify all tenants and
prospective tenants whose dwelling units would be accessible to
the manager of the crime for which the manager has been
convicted and of the right of a current tenant to terminate the
tenancy under this paragraph, if the manager was convicted of a
background check crime defined in:
(1) section 299C.67, subdivision 2, paragraph (a); or
(2) section 299C.67, subdivision 2, paragraph (b), unless
more than ten years have elapsed since the sentence was
discharged.
Notwithstanding a lease provision to the contrary, a
current tenant who receives a notice under this paragraph may
terminate the tenancy within 60 days of receipt of the notice by
giving the owner at least 14 days' advance notice of the
termination date.
(d) The owner shall notify the manager of any action taken
under this subdivision.
(e) If an owner is required to terminate a manager's
employment under paragraph (a) or (b), or terminates a manager's
employment in lieu of notifying tenants under paragraph (c), the
owner is not liable under any law, contract, or agreement,
including liability for unemployment compensation claims, for
terminating the manager's employment in accordance with this
section. Notwithstanding a lease or agreement governing
termination of the tenancy, if the manager whose employment is
terminated is also a tenant, the owner may terminate the tenancy
immediately upon giving notice to the manager. An unlawful
detainer eviction action to enforce the termination of the
tenancy must be treated as a priority writ under
sections 566.05, 566.07, 566.09, subdivision 1, 566.16,
subdivision 2, and 566.17, subdivision 1a 504B.321; 504B.335;
504B.345, subdivision 1; 504B.361, subdivision 2; and 504B.365,
subdivision 2.
Sec. 10. Minnesota Statutes 1998, section 327C.02,
subdivision 2a, is amended to read:
Subd. 2a. [ACTION TO RECOVER POSSESSION OF LAND.]
Notwithstanding section 566.09 504B.345, in an action to recover
possession of land for violation of a new or amended rule, if
the court finds that the rule is reasonable or is not a
substantial modification, the court shall issue an order in
favor of the plaintiff for costs. The court shall order the
defendant to comply with the rule within ten days. If the
resident fails to comply with the rule at any time after the
time period provided by the court, the park owner may, upon a
showing to the court that three days' written notice was given
to the resident, move the court for writ of restitution to
recover possession of the lot.
Sec. 11. Minnesota Statutes 1998, section 327C.03,
subdivision 4, is amended to read:
Subd. 4. [SECURITY DEPOSIT.] A park owner may require a
resident to deposit with the park owner a fee, not to exceed the
amount of two months' rent, to secure the resident's performance
of the rental agreement and to protect the park owner against
damage by the resident to park property, including any damage
done by the resident in the installation or removal of the
resident's home. The provisions of section 504.20 504B.178
shall apply to any security deposit required by a park owner
under this subdivision.
Sec. 12. Minnesota Statutes 1998, section 327C.10,
subdivision 1, is amended to read:
Subdivision 1. [NONPAYMENT OF RENT.] In any action to
recover possession for failure to pay rent, it shall be a
defense that the sum allegedly due contains a charge which
violates section 327C.03, or that the park owner has injured the
defendant by failing to comply with section 504.18 504B.161.
Sec. 13. Minnesota Statutes 1998, section 327C.11,
subdivision 1, is amended to read:
Subdivision 1. [RIGHT OF REDEMPTION.] The right of
redemption, as expressed in section 504.02 504B.291 and the
common law, is available to a resident from whom a park owner
seeks to recover possession for nonpayment of rent, but no
resident may exercise that right more than twice in any 12-month
period; provided, that a resident may exercise the right of
redemption more than twice in any 12-month period by paying the
park owner's actual reasonable attorney's fees as part of each
additional exercise of that right during the 12-month period.
Sec. 14. Minnesota Statutes 1998, section 363.033, is
amended to read:
363.033 [RENTAL HOUSING PRIORITY; ACCESSIBLE UNITS.]
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Accessible unit" means an accessible rental housing
unit that meets the handicapped facility requirements of the
State Building Code, Minnesota Rules, chapter 1340.
(b) "Owner Landlord" has the meaning given it in
section 566.18, subdivision 3 504B.001, subdivision 7.
Subd. 2. [PRIORITY REQUIREMENT.] (a) An owner A landlord
of rental housing that contains accessible units must give
priority for the rental of an accessible unit to a disabled
person or a family with a disabled family member who will reside
in the unit. The owner landlord must inform nondisabled persons
and families that do not include a disabled family member of the
possibility of being offered a non-handicapped-equipped unit as
provided under this section before a rental agreement to rent an
accessible unit is entered.
(b) If a nondisabled person or a family that does not
include a disabled person is living in an accessible unit, the
person or family must be offered a non-handicapped-equipped unit
if the following conditions occur:
(1) a disabled person or a family with a disabled family
member who will reside in the unit has signed a rental agreement
to rent the accessible unit; and
(2) a similar non-handicapped-equipped unit in the same
rental housing complex is available at the same rent.
Sec. 15. Minnesota Statutes 1998, section 462A.05,
subdivision 15, is amended to read:
Subd. 15. [REHABILITATION GRANTS.] It may make grants to
persons and families of low and moderate income to pay or to
assist in paying a loan made pursuant to subdivision 14, or to
rehabilitate or to assist in rehabilitating existing residential
housing owned or occupied by such persons or families. For the
purposes of this section, persons of low and moderate income
include administrators appointed pursuant to section 566.25,
clause (c) 504B.425, paragraph (d). No grant shall be made
unless the agency determines that the grant will be used
primarily to make the housing more desirable to live in, to
increase the market value of the housing or for compliance with
state, county or municipal building, housing maintenance, fire,
health or similar codes and standards applicable to housing, or
to accomplish energy conservation related improvements. In
unincorporated areas and municipalities not having codes and
standards, the agency may, solely for the purpose of
administering this provision, establish codes and standards. No
grant for rehabilitation of owner occupied residential housing
shall be denied solely because the grant will not be used for
placing the residential housing in full compliance with all
state, county or municipal building, housing maintenance, fire,
health or similar codes and standards applicable to housing.
The amount of any grant shall not exceed the lesser of (a)
$6,000, or (b) the actual cost of the work performed, or (c)
that portion of the cost of rehabilitation which the agency
determines cannot otherwise be paid by the person or family
without spending an unreasonable portion of the income of the
person or family thereon. In making grants, the agency shall
determine the circumstances under which and the terms and
conditions under which all or any portion thereof will be repaid
and shall determine the appropriate security should repayment be
required.
The agency may also make grants to rehabilitate or to
assist in rehabilitating housing under this subdivision to
persons of low and moderate income for the purpose of qualifying
as foster parents.
Sec. 16. Minnesota Statutes 1998, section 462C.05,
subdivision 8, is amended to read:
Subd. 8. [REVENUE AGREEMENT AND FINANCING LEASE.] Any
revenue agreement or financing lease which includes a provision
for a conveyance of real estate to the lessee or contracting
party may be terminated in accordance with the revenue agreement
or financing lease, notwithstanding that the revenue agreement
or financing lease may constitute an equitable mortgage. No
financing lease of any development is subject to section
504.02 504B.291, unless expressly so provided in the financing
lease. Leases of specific dwelling units in the development to
tenants are not affected by this subdivision.
Sec. 17. Minnesota Statutes 1998, section 469.156, is
amended to read:
469.156 [AUTHORIZATION OF PROJECTS AND BONDS.]
The acquisition, construction, reconstruction, improvement,
betterment, or extension of any project, the execution of any
revenue agreement or mortgage pertaining thereto, and the
issuance of bonds in anticipation of the collection of the
revenues of the project to provide funds to pay for its cost,
may be authorized by an ordinance or resolution of the governing
body adopted at a regular or duly called special meeting thereof
by the affirmative vote of a majority of its members. No
election shall be required to authorize the use of any of the
powers conferred by sections 469.152 to 469.165. No lease of
any project shall be subject to the provisions of section 504.02
504B.291, unless expressly so provided in the lease.
Sec. 18. Minnesota Statutes 1998, section 471A.03,
subdivision 6, is amended to read:
Subd. 6. [REMEDIES.] The municipality may provide that
title to the facilities shall vest in or revert to the
municipality if the private vendor defaults under any specified
provisions in the service contract. The municipality may
acquire or reacquire any facilities and terminate the service
contract in accordance with its terms notwithstanding that the
service contract may constitute an equitable mortgage. No lease
of facilities by the municipality to the private vendor is
subject to the provisions of section 504.02 504B.291, unless
expressly so provided in the service contract.
Sec. 19. Minnesota Statutes 1998, section 481.02,
subdivision 3, is amended to read:
Subd. 3. [PERMITTED ACTIONS.] The provisions of this
section shall not prohibit:
(1) any person from drawing, without charge, any document
to which the person, an employer of the person, a firm of which
the person is a member, or a corporation whose officer or
employee the person is, is a party, except another's will or
testamentary disposition or instrument of trust serving purposes
similar to those of a will;
(2) a person from drawing a will for another in an
emergency if the imminence of death leaves insufficient time to
have it drawn and its execution supervised by a licensed
attorney-at-law;
(3) any insurance company from causing to be defended, or
from offering to cause to be defended through lawyers of its
selection, the insureds in policies issued or to be issued by
it, in accordance with the terms of the policies;
(4) a licensed attorney-at-law from acting for several
common-carrier corporations or any of its subsidiaries pursuant
to arrangement between the corporations;
(5) any bona fide labor organization from giving legal
advice to its members in matters arising out of their
employment;
(6) any person from conferring or cooperating with a
licensed attorney-at-law of another in preparing any legal
document, if the attorney is not, directly or indirectly, in the
employ of the person or of any person, firm, or corporation
represented by the person;
(7) any licensed attorney-at-law of Minnesota, who is an
officer or employee of a corporation, from drawing, for or
without compensation, any document to which the corporation is a
party or in which it is interested personally or in a
representative capacity, except wills or testamentary
dispositions or instruments of trust serving purposes similar to
those of a will, but any charge made for the legal work
connected with preparing and drawing the document shall not
exceed the amount paid to and received and retained by the
attorney, and the attorney shall not, directly or indirectly,
rebate the fee to or divide the fee with the corporation;
(8) any person or corporation from drawing, for or without
a fee, farm or house leases, notes, mortgages, chattel
mortgages, bills of sale, deeds, assignments, satisfactions, or
any other conveyances except testamentary dispositions and
instruments of trust;
(9) a licensed attorney-at-law of Minnesota from rendering
to a corporation legal services to itself at the expense of one
or more of its bona fide principal stockholders by whom the
attorney is employed and by whom no compensation is, directly or
indirectly, received for the services;
(10) any person or corporation engaged in the business of
making collections from engaging or turning over to an
attorney-at-law for the purpose of instituting and conducting
suit or making proof of claim of a creditor in any case in which
the attorney-at-law receives the entire compensation for the
work;
(11) any regularly established farm journal or newspaper,
devoted to general news, from publishing a department of legal
questions and answers to them, made by a licensed
attorney-at-law, if no answer is accompanied or at any time
preceded or followed by any charge for it, any disclosure of any
name of the maker of any answer, any recommendation of or
reference to any one to furnish legal advice or services, or by
any legal advice or service for the periodical or any one
connected with it or suggested by it, directly or indirectly;
(12) any authorized management agent of an owner of rental
property used for residential purposes, whether the management
agent is a natural person, corporation, partnership, limited
partnership, or any other business entity, from commencing,
maintaining, conducting, or defending in its own behalf any
action in any court in this state to recover or retain
possession of the property, except that the provision of this
clause does not authorize a person who is not a licensed
attorney-at-law to conduct a jury trial or to appear before a
district court or the court of appeals or supreme court pursuant
to an appeal;
(13) any person from commencing, maintaining, conducting,
or defending on behalf of the plaintiff or defendant any action
in any court of this state pursuant to the provisions of section
566.175 504B.375 or sections 566.18 to 566.35 504B.185 and
504B.381 to 504B.471 or from commencing, maintaining,
conducting, or defending on behalf of the plaintiff or defendant
any action in any court of this state for the recovery of rental
property used for residential purposes pursuant to the
provisions of section 566.02 or 566.03, subdivision 1 504B.285,
subdivision 1, or 504B.301, except that the provision of this
clause does not authorize a person who is not a licensed
attorney-at-law to conduct a jury trial or to appear before a
district court or the court of appeals or supreme court pursuant
to an appeal, and provided that, except for a nonprofit
corporation, a person who is not a licensed attorney-at-law
shall not charge or collect a separate fee for services rendered
pursuant to this clause;
(14) the delivery of legal services by a specialized legal
assistant in accordance with a specialty license issued by the
supreme court before July 1, 1995;
(15) the sole shareholder of a corporation from appearing
on behalf of the corporation in court; or
(16) an officer, manager, partner, or employee or an agent
of a condominium, cooperative, or townhouse association from
appearing on behalf of a corporation, limited liability company,
partnership, sole proprietorship, or association in conciliation
court or in a district court action removed from conciliation
court, in accordance with section 491A.02, subdivision 4.
Sec. 20. Minnesota Statutes 1998, section 484.013,
subdivision 2, is amended to read:
Subd. 2. [JURISDICTION.] The housing calendar program may
consolidate the hearing and determination of all proceedings
under chapters 504 and 566 chapter 504B; criminal and civil
proceedings related to violations of any state, county or city
health, safety, housing, building, fire prevention or housing
maintenance code; escrow of rent proceedings; landlord-tenant
damage actions; and actions for rent and rent abatement. A
proceeding under sections 566.01 to 566.17 504B.281 to 504B.371
may not be delayed because of the consolidation of matters under
the housing calendar program.
Sec. 21. Minnesota Statutes 1998, section 487.17, is
amended to read:
487.17 [FORCIBLE ENTRY AND UNLAWFUL DETAINER.]
Whether or not title to real estate is involved, the county
court has jurisdiction of actions of forcible entry and unlawful
detainer or actions for unlawful removal or exclusion pursuant
to section 566.175 504B.375, involving land located wholly or
partly within the county court district and of actions seeking
relief for code violations pursuant to sections 566.18 to 566.33
504B.185 and 504B.381 to 504B.471 involving premises located
wholly or partly within the county court district.
Sec. 22. Minnesota Statutes 1998, section 487.24, is
amended to read:
487.24 [FORCIBLE ENTRY AND UNLAWFUL DETAINER ACTIONS.]
Subdivision 1. [RETURN DAYS.] Return days for forcible
entry and unlawful detainer actions may be fixed by rule
promulgated by the court.
Subd. 2. [PROCEDURE; FORMS.] Sections 566.01 to
566.16 504B.281 to 504B.371 apply to the county court. The
forms therein prescribed, with appropriate modifications, may be
used.
Subd. 3. [DEFAULT JUDGMENTS.] Whenever a duly verified
complaint in an action of forcible entry or unlawful detainer
shows one of the causes of action set forth in section
566.03 504B.285, and on the return day of the summons the
defendant does not appear, the judge of the county court, upon
proof of the due service of the summons, may find the defendant
in default and file an order for judgment accordingly.
Sec. 23. Minnesota Statutes 1998, section 488A.01,
subdivision 4a, is amended to read:
Subd. 4a. [JURISDICTION.] Notwithstanding the provisions
of subdivision 2 or 8 or any court rule to the contrary, the
municipal court of Hennepin county has jurisdiction to determine
an action brought pursuant to section 504.20 504B.178 for the
recovery of a deposit on rental property located in Hennepin
county, and the summons in the action may be served anywhere in
the state of Minnesota.
Sec. 24. Minnesota Statutes 1998, section 488A.01,
subdivision 5, is amended to read:
Subd. 5. [FORCIBLE ENTRY AND UNLAWFUL DETAINER OR UNLAWFUL
REMOVAL OR EXCLUSION.] Whether or not the title to real estate
is involved, the court has jurisdiction of actions of forcible
entry and unlawful detainer or actions for unlawful removal or
exclusion pursuant to section 566.175 504B.375, involving land
located wholly or in part within Hennepin county and,
notwithstanding any provision of subdivision 7 to the contrary,
of actions seeking relief for code violations pursuant to
sections 566.18 to 566.33 504B.185 and 504B.381 to 504B.471
involving premises located wholly or partly within Hennepin
county.
Sec. 25. Minnesota Statutes 1998, section 488A.11, is
amended to read:
488A.11 [FORCIBLE ENTRY AND UNLAWFUL DETAINER ACTIONS.]
Subdivision 1. [RETURN DAYS.] Return days for forcible
entry and unlawful detainer actions may be fixed by rule
promulgated by a majority of the judges.
Subd. 2. [PROCEDURE; FORMS.] Sections 566.01 to
566.16 504B.281 to 504B.371 apply to the court. The forms
therein prescribed, with appropriate modifications, may be used.
Subd. 3. [DEFAULT JUDGMENTS.] Whenever a duly verified
complaint in an action of forcible entry or unlawful detainer
shows one of the causes of action set forth in section
566.03 504B.285 and on the return day of the summons the
defendant does not appear, the judge, upon proof of the due
service of the summons, shall enter an order adjudging the
defendant to be in default, and thereafter the court
administrator shall enter judgment for the plaintiff without the
introduction of evidence.
Sec. 26. Minnesota Statutes 1998, section 488A.18,
subdivision 4, is amended to read:
Subd. 4. [CIVIL JURISDICTION.] (a) Excepting cases
involving title to real estate, the court has jurisdiction to
hear, try and determine civil actions at law in which the amount
in controversy does not exceed $15,000, exclusive of interest
and costs. The territorial jurisdiction of the court is
coextensive with the geographic boundaries of the county of
Ramsey.
(b) The court also has jurisdiction, within the limitations
provided in this subdivision, to hear, try and determine civil
actions commenced by a plaintiff, resident of Ramsey county,
where the action arose out of alleged negligent operation of a
motor vehicle in Ramsey county, notwithstanding that the
defendant or defendants are not residents of the county.
Notwithstanding any law or rule of civil procedure to the
contrary, the summons in the action may be served anywhere
within the state of Minnesota.
(c) Notwithstanding the provisions of clause (a) or any
rule of court to the contrary, the municipal court of Ramsey
county has jurisdiction to determine an action brought pursuant
to section 504.20 504B.178 for the recovery of a deposit on
rental property located in whole or in part in Ramsey county,
and the summons in the action may be served anywhere within the
state of Minnesota.
Sec. 27. Minnesota Statutes 1998, section 488A.18,
subdivision 6, is amended to read:
Subd. 6. [FORCIBLE ENTRY AND UNLAWFUL DETAINER OR UNLAWFUL
REMOVAL OR EXCLUSION.] Whether or not the title to real estate
is involved, the court has jurisdiction of actions of forcible
entry and unlawful detainer or actions for unlawful removal or
exclusion pursuant to section 566.175 504B.375, involving land
located wholly or in part within Ramsey county and,
notwithstanding any provision of subdivision 8 to the contrary,
of actions seeking relief for code violations pursuant to
sections 566.18 to 566.33 504B.185 and 504B.381 to 504B.471
involving premises located wholly or partly within Ramsey county.
Sec. 28. Minnesota Statutes 1998, section 491A.01,
subdivision 9, is amended to read:
Subd. 9. [JURISDICTION; RENTAL PROPERTY.] The conciliation
court also has jurisdiction to determine an action for damages
arising from the landlord and tenant relationship under
chapter 504 504B or under the rental agreement in the county in
which the rental property is located.
Sec. 29. Minnesota Statutes 1998, section 514.977, is
amended to read:
514.977 [DEFAULT.]
If an occupant defaults in the payment of rent or otherwise
breaches the rental agreement, the owner may commence an
unlawful detainer action under section 566.01 504B.281.
Sec. 30. Minnesota Statutes 1998, section 515B.3-116, is
amended to read:
515B.3-116 [LIEN FOR ASSESSMENTS.]
(a) The association has a lien on a unit for any assessment
levied against that unit from the time the assessment becomes
due. If an assessment is payable in installments, the full
amount of the assessment is a lien from the time the first
installment thereof becomes due. Unless the declaration
otherwise provides, fees, charges, late charges, fines and
interest charges pursuant to section 515B.3-102(a)(10), (11) and
(12) are liens, and are enforceable as assessments, under this
section.
(b) A lien under this section is prior to all other liens
and encumbrances on a unit except (i) liens and encumbrances
recorded before the declaration and, in a cooperative, liens and
encumbrances which the association creates, assumes, or takes
subject to, (ii) any first mortgage on the unit, or, in a
cooperative, any first security interest encumbering only the
unit owner's interest in the unit, and (iii) liens for real
estate taxes and other governmental assessments or charges
against the unit. If a first mortgage on a unit is foreclosed,
the first mortgage was recorded after June 1, 1994, and no owner
redeems during the owner's period of redemption provided by
chapter 580, 581, or 582, the holder of the sheriff's
certificate of sale from the foreclosure of the first mortgage
shall take title to the unit subject to unpaid assessments for
common expenses levied pursuant to section 515B.3-115(a), (h)(1)
to (3), (i), and (l) which became due, without acceleration,
during the six months immediately preceding the first day
following the end of the owner's period of redemption. If a
first security interest encumbering a unit owner's interest in a
cooperative unit which is personal property is foreclosed, the
secured party or the purchaser at the sale shall take title to
the unit subject to unpaid assessments for common expenses
levied pursuant to section 515B.3-115(a), (h)(1) to (3), (i),
and (l) which became due, without acceleration, during the six
months immediately preceding the first day following either the
date of sale pursuant to section 336.9-504 or the date on which
the obligation of the unit owner is discharged pursuant to
section 336.9-505. This subsection shall not affect the
priority of mechanics' liens.
(c) Recording of the declaration constitutes record notice
and perfection of any lien under this section, and no further
recordation of any notice of or claim for the lien is required.
(d) Proceedings to enforce an assessment lien shall be
instituted within three years after the last installment of the
assessment becomes payable, or shall be barred.
(e) The unit owner of a unit at the time an assessment is
due shall be personally liable to the association for payment of
the assessment levied against the unit. If there are multiple
owners of the unit, they shall be jointly and severally liable.
(f) This section does not prohibit actions to recover sums
for which subsection (a) creates a lien nor prohibit an
association from taking a deed in lieu of foreclosure.
(g) The association shall furnish to a unit owner or the
owner's authorized agent upon written request of the unit owner
or the authorized agent a statement setting forth the amount of
unpaid assessments currently levied against the owner's unit.
If the unit owner's interest is real estate, the statement shall
be in recordable form. The statement shall be furnished within
ten business days after receipt of the request and is binding on
the association and every unit owner.
(h) The association's lien may be foreclosed as provided in
this subsection.
(1) In a condominium or planned community, the
association's lien may be foreclosed in a like manner as a
mortgage containing a power of sale pursuant to chapter 580, or
by action pursuant to chapter 581. The association shall have a
power of sale to foreclose the lien pursuant to chapter 580.
(2) In a cooperative whose unit owners' interests are real
estate, the association's lien shall be foreclosed in a like
manner as a mortgage on real estate as provided in paragraph (1).
(3) In a cooperative whose unit owners' interests in the
units are personal property, the association's lien shall be
foreclosed in a like manner as a security interest under article
9 of chapter 336. In any disposition pursuant to section
336.9-504 or retention pursuant to section 336.9-505, the rights
of the parties shall be the same as those provided by law,
except (i) notice of sale, disposition, or retention shall be
served on the unit owner 90 days prior to sale, disposition, or
retention, (ii) the association shall be entitled to its
reasonable costs and attorney fees not exceeding the amount
provided by section 582.01, subdivision 1a, (iii) the amount of
the association's lien shall be deemed to be adequate
consideration for the unit subject to disposition or retention,
notwithstanding the value of the unit, and (iv) the notice of
sale, disposition, or retention shall contain the following
statement in capital letters with the name of the association or
secured party filled in:
"THIS IS TO INFORM YOU THAT BY THIS NOTICE (fill in name of
association or secured party) HAS BEGUN PROCEEDINGS UNDER
MINNESOTA STATUTES, CHAPTER 515B, TO FORECLOSE ON YOUR INTEREST
IN YOUR UNIT FOR THE REASON SPECIFIED IN THIS NOTICE. YOUR
INTEREST IN YOUR UNIT WILL TERMINATE 90 DAYS AFTER SERVICE OF
THIS NOTICE ON YOU UNLESS BEFORE THEN:
(a) THE PERSON AUTHORIZED BY (fill in the name of
association or secured party) AND DESCRIBED IN THIS NOTICE TO
RECEIVE PAYMENTS RECEIVES FROM YOU:
(1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS
(2) THE COSTS INCURRED TO SERVE THIS NOTICE ON YOU; PLUS
(3) $500 TO APPLY TO ATTORNEYS FEES ACTUALLY EXPENDED OR
INCURRED; PLUS
(4) ANY ADDITIONAL AMOUNTS FOR YOUR UNIT BECOMING DUE TO
(fill in name of association or secured party) AFTER THE DATE OF
THIS NOTICE; OR
(b) YOU SECURE FROM A DISTRICT COURT AN ORDER THAT THE
FORECLOSURE OF YOUR RIGHTS TO YOUR UNIT BE SUSPENDED UNTIL YOUR
CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING, OR
SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND
GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.
IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS
WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR OWNERSHIP
RIGHTS IN YOUR UNIT WILL TERMINATE AT THE END OF THE PERIOD, YOU
WILL LOSE ALL THE MONEY YOU HAVE PAID FOR YOUR UNIT, YOU WILL
LOSE YOUR RIGHT TO POSSESSION OF YOUR UNIT, YOU MAY LOSE YOUR
RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE, AND
YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS
NOTICE, CONTACT AN ATTORNEY IMMEDIATELY."
(4) In any foreclosure pursuant to chapter 580, 581, or
582, the rights of the parties shall be the same as those
provided by law, except (i) the period of redemption for unit
owners shall be six months from the date of sale or a lesser
period authorized by law, (ii) in a foreclosure by advertisement
under chapter 580, the foreclosing party shall be entitled to
costs and disbursements of foreclosure, and attorneys fees in
the amount provided by section 582.01, subdivision 1a, (iii) in
a foreclosure by action under chapter 581, the foreclosing party
shall be entitled to costs and disbursements of foreclosure and
attorneys fees as the court shall determine, and (iv) the amount
of the association's lien shall be deemed to be adequate
consideration for the unit subject to foreclosure,
notwithstanding the value of the unit.
(i) If a holder of a sheriff's certificate of sale, prior
to the expiration of the period of redemption, pays any past due
or current assessments, or any other charges lienable as
assessments, with respect to the unit described in the sheriff's
certificate, then the amount paid shall be a part of the sum
required to be paid to redeem under section 582.03.
(j) In a cooperative, following foreclosure, the
association may bring an action for unlawful detainer against
the unit owner and any persons in possession of the unit, and in
that case section 504.02 504B.291 shall not apply.
(k) An association may assign its lien rights in the same
manner as any other secured party.
Sec. 31. Minnesota Statutes 1998, section 515B.4-111, is
amended to read:
515B.4-111 [CONVERSION PROPERTY.]
(a) A declarant of a common interest community containing
conversion property, shall give the occupants of residential
units in the conversion property notice of the conversion no
later than 120 days before they are required to vacate. The
notice shall be given by hand delivering or mailing one notice
to each residential unit, addressed to the occupants thereof.
If the holder of the lessee's interest in the unit has given the
owner of the building an address different than that of the
unit, then the notice shall also be given to the holder of the
lessee's interest at the designated address. The notice shall
satisfy the following requirements:
(1) The notice shall set forth generally the rights
conferred by this section.
(2) The notice shall have attached to the notice intended
for the holder of the lessee's interest a form of purchase
agreement setting forth the terms of sale contemplated by
subsection (d) and a statement of any significant restrictions
on the use and occupancy of the unit to be imposed by the
declarant.
(3) The notice shall state that the occupants of the
residential unit may demand to be given 60 additional days
before being required to vacate, if any of them, or any person
residing with them, is (i) 62 years of age or older, (ii) a
person with a disability as defined in section 268A.01, or (iii)
a minor child on the date the notice is given. This demand must
be in writing, contain reasonable proof of qualification, and be
given to the declarant within 30 days after the notice of
conversion is delivered or mailed.
(4) The notice shall be contained in an envelope upon which
the following shall be boldly printed: "Notice of Conversion."
(b) No occupant of a unit in a conversion property may be
required to vacate upon less than 120 days' notice, except by
reason of nonpayment of rent, waste, or conduct that disturbs
other tenants' peaceful enjoyment of the premises. Nor may the
terms of the tenancy be altered during that period, except that
a tenant or other party in possession may vacate and terminate
the lease upon one month's written notice to the declarant.
Nothing in this section prevents the declarant and any occupant
from agreeing to an extension of the tenancy on a month-to-month
basis beyond the 120-day notice period, or to an earlier
termination of the tenancy.
(c) No repair work or remodeling may be commenced or
undertaken in the occupied units or common areas of the building
during the notice period, unless reasonable precautions are
taken to ensure the safety and security of the occupants.
(d) For 60 days after delivery or mailing of the notice
described in subsection (a), the holder of the lessee's interest
in the unit on the date the notice is mailed or delivered shall
have an option to purchase that unit on the terms set forth in
the purchase agreement attached to the notice. The purchase
agreement shall contain no terms or provisions which violate any
state or federal law relating to discrimination in housing. If
the holder of the lessee's interest fails to purchase the unit
during that 60-day period, the declarant may not offer to
dispose of an interest in that unit during the following 180
days at a price or on terms more favorable to the offeree than
the price or terms offered to the holder. This subsection does
not apply to any unit in a conversion building if that unit will
be restricted exclusively to nonresidential use or if the
boundaries of the converted unit do not substantially conform to
the boundaries of the residential unit before conversion.
(e) If a declarant, in violation of subsection (b), conveys
a unit to a purchaser for value who has no knowledge of the
violation, the recording of the deed conveying the unit or, in a
cooperative, the conveyance of the right to possession of the
unit, extinguishes any right a holder of a lessee's interest who
is not in possession of the unit may have under subsection (d)
to purchase that unit, but the conveyance does not affect the
right of the holder to recover damages from the declarant for a
violation of subsection (d).
(f) If a notice of conversion specifies a date by which a
unit or proposed unit must be vacated or otherwise complies with
the provisions of chapter 566 504B, the notice also constitutes
a notice to vacate specified by that statute.
(g) Nothing in this section permits termination of a lease
by a declarant in violation of its terms.
(h) Failure to give notice as required by this section is a
defense to an action for possession until a notice complying
with this section is given and the applicable notice period
terminates.
Sec. 32. Minnesota Statutes 1998, section 576.01,
subdivision 2, is amended to read:
Subd. 2. A receiver shall be appointed in the following
case:
After the first publication of notice of sale for the
foreclosure of a mortgage pursuant to chapter 580, or with the
commencement of an action to foreclose a mortgage pursuant to
chapter 581, and during the period of redemption, if the
mortgage being foreclosed secured an original principal amount
of $100,000 or more or is a lien upon residential real estate
containing more than four dwelling units and was not a lien upon
property which was entirely homesteaded, residential real estate
containing four or less dwelling units where at least one unit
is homesteaded, or agricultural property, the foreclosing
mortgagee or the purchaser at foreclosure sale may at any time
bring an action in the district court of the county in which the
mortgaged premises or any part thereof is located for the
appointment of a receiver; provided, however, if the foreclosure
is by action under chapter 581, a separate action need not be
filed. Pending trial of the action on the merits, the court may
make a temporary appointment of a receiver following the
procedures applicable to temporary injunctions under the rules
of civil procedure. If the motion for temporary appointment of
a receiver is denied, the trial of the action on the merits
shall be held as early as practicable, but not to exceed 30 days
after the motion for temporary appointment of a receiver is
heard. The court shall appoint a receiver upon a showing that
the mortgagor has breached a covenant contained in the mortgage
relating to any of the following:
(1) application of tenant security deposits as required by
section 504.20 504B.178;
(2) payment when due of prior or current real estate taxes
or special assessments with respect to the mortgaged premises,
or the periodic escrow for the payment of the taxes or special
assessments;
(3) payment when due of premiums for insurance of the type
required by the mortgage, or the periodic escrow for the payment
of the premiums;
(4) keeping of the covenants required of a lessor landlord
or licensor pursuant to section 504.18 504B.161, subdivision 1.
The receiver shall be an experienced property manager. The
court shall determine the amount of the bond to be posted by the
receiver.
The receiver shall collect the rents, profits and all other
income of any kind, manage the mortgaged premises so to prevent
waste, execute leases within or beyond the period of the
receivership if approved by the court, pay the expenses listed
in clauses (1), (2), and (3) in the priority as numbered, pay
all expenses for normal maintenance of the mortgaged premises
and perform the terms of any assignment of rents which complies
with section 559.17, subdivision 2. Reasonable fees to the
receiver shall be paid prior thereto. The receiver shall file
periodic accountings as the court determines are necessary and a
final accounting at the time of discharge.
The purchaser at foreclosure sale shall have the right, at
any time and without limitation as provided in section 582.03,
to advance money to the receiver to pay any or all of the
expenses which the receiver should otherwise pay if cash were
available from the mortgaged premises. Sums so advanced, with
interest, shall be a part of the sum required to be paid to
redeem from the sale. The sums shall be proved by the affidavit
of the purchaser, an agent or attorney, stating the expenses and
describing the mortgaged premises. The affidavit must be filed
for record with the county recorder or the registrar of titles,
and a copy thereof shall be furnished to the sheriff and the
receiver at least ten days before the expiration of the period
of redemption.
Any sums collected which remain in the possession of the
receiver at termination of the receivership shall, in the event
the termination of the receivership is due to the reinstatement
of the mortgage debt or redemption of the mortgaged premises by
the mortgagor, be paid to the mortgagor; and in the event
termination of the receivership occurs at the end of the period
of redemption without redemption by the mortgagor or any other
party entitled to redeem, interest accrued upon the sale price
pursuant to section 580.23 or section 581.10 shall be paid to
the purchaser at foreclosure sale. Any net sum remaining shall
be paid to the mortgagor, except if the receiver was enforcing
an assignment of rents which complies with section 559.17,
subdivision 2, in which case any net sum remaining shall be paid
pursuant to the terms of the assignment.
This subdivision shall apply to all mortgages executed on
or after August 1, 1977, and to amendments or modifications of
such mortgages, and to amendments or modifications made on or
after August 1, 1977, to mortgages executed before August 1,
1977, if the amendment or modification is duly recorded and is
for the principal purpose of curing a default.
Sec. 33. Minnesota Statutes 1998, section 609.33,
subdivision 6, is amended to read:
Subd. 6. [PRETRIAL RELEASE.] When a person is charged
under this section with owning or leasing a disorderly house,
the court may require as a condition of pretrial release that
the defendant bring an unlawful detainer action against a lessee
who has violated the covenant not to allow drugs established by
section 504.181 504B.171.
Sec. 34. Minnesota Statutes 1998, section 609.5317,
subdivision 1, is amended to read:
Subdivision 1. [RENTAL PROPERTY.] (a) When contraband or a
controlled substance manufactured, distributed, or acquired in
violation of chapter 152 is seized on residential rental
property incident to a lawful search or arrest, the county
attorney shall give the notice required by this subdivision to
(1) the landlord of the property or the fee owner identified in
the records of the county assessor, and (2) the agent authorized
by the owner to accept service pursuant to section 504.22
504B.181. The notice is not required during an ongoing
investigation. The notice shall state what has been seized and
specify the applicable duties and penalties under this
subdivision. The notice shall state that the landlord who
chooses to assign the right to bring an unlawful detainer action
retains all rights and duties, including removal of a tenant's
personal property following issuance of the writ of restitution
and delivery of the writ to the sheriff for execution. The
notice shall also state that the landlord may contact the county
attorney if threatened by the tenant. Notice shall be sent by
certified letter, return receipt requested, within 30 days of
the seizure. If receipt is not returned, notice shall be given
in the manner provided by law for service of summons in a civil
action.
(b) Within 15 days after notice of the first occurrence,
the landlord shall bring, or assign to the county attorney of
the county in which the real property is located, the right to
bring an unlawful detainer action against the tenant. The
assignment must be in writing on a form prepared by the county
attorney. Should the landlord choose to assign the right to
bring an unlawful detainer action, the assignment shall be
limited to those rights and duties up to and including delivery
of the writ of restitution to the sheriff for execution.
(c) Upon notice of a second occurrence on any residential
rental property owned by the same landlord in the same county
and involving the same tenant, and within one year after notice
of the first occurrence, the property is subject to forfeiture
under sections 609.531, 609.5311, 609.5313, and 609.5315, unless
an unlawful detainer action has been commenced as provided in
paragraph (b) or the right to bring an unlawful detainer action
was assigned to the county attorney as provided in paragraph
(b). If the right has been assigned and not previously
exercised, or if the county attorney requests an assignment and
the landlord makes an assignment, the county attorney may bring
an unlawful detainer action rather than an action for forfeiture.
Sec. 35. [INSTRUCTION TO REVISOR.]
The revisor shall make the following changes in Minnesota
Rules:
(1) in Minnesota Rules, part 4658.0192, change "566" to
"504B";
(2) in Minnesota Rules, part 4900.2901, change "566.29" to
"504B.445";
(3) in Minnesota Rules, part 4900.2902, subpart 1, change
"566.25 or 566.34" to "504B.425 or 504B.385" and "566.29" to
"504B.445"; and
(4) in Minnesota Rules, part 4900.2902, subpart 15, change
"566.25, clause (c)" to "504B.425, paragraph (d)."
Sec. 36. [EFFECTIVE DATE.]
This article is effective July 1, 1999.
Presented to the governor May 21, 1999
Signed by the governor May 24, 1999, 9:54 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes