1.1                          A bill for an act 
  1.2             relating to landlords and tenants; recodifying, 
  1.3             clarifying, and relocating landlord tenant law; 
  1.4             proposing coding for new law as Minnesota Statutes, 
  1.5             chapter 504A; repealing Minnesota Statutes 1996, 
  1.6             sections 504.01; 504.012; 504.015; 504.02; 504.03; 
  1.7             504.04; 504.05; 504.06; 504.07; 504.08; 504.09; 
  1.8             504.18; 504.181; 504.183; 504.185; 504.20; 504.201; 
  1.9             504.21; 504.22; 504.23; 504.24; 504.245; 504.246; 
  1.10            504.25; 504.255; 504.257; 504.26; 504.265; 504.27; 
  1.11            504.28; 504.29; 504.30; 504.31; 504.32; 504.36; 
  1.12            566.01; 566.02; 566.021; 566.03; 566.04; 566.05; 
  1.13            566.051; 566.06; 566.07; 566.08; 566.09; 566.10; 
  1.14            566.11; 566.12; 566.13; 566.14; 566.15; 566.16; 
  1.15            566.17; 566.175; 566.18; 566.19; 566.20; 566.205; 
  1.16            566.21; 566.22; 566.23; 566.24; 566.25; 566.26; 
  1.17            566.27; 566.28; 566.29; 566.291; 566.30; 566.31; 
  1.18            566.32; 566.33; 566.34; and 566.35.  
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20                            CHAPTER 504A
  1.21                       LANDLORDS AND TENANTS
  1.22     Section 1.  [504A.001] [DEFINITIONS.] 
  1.23     Subdivision 1.  [APPLICABILITY.] For the purposes of this 
  1.24  chapter, the terms defined in this section have the meanings 
  1.25  given them. 
  1.26     Subd. 2.  [COMMERCIAL TENANT.] "Commercial tenant" means a 
  1.27  person paying rent in a residential building defined in 
  1.28  subdivision 10 who is not a residential tenant, as defined in 
  1.29  subdivision 11.  [566.18, s.4] 
  1.30     Subd. 3.  [EVICT OR EVICTION.] "Evict" or "eviction" means 
  1.31  to remove a renter or occupant from or otherwise recover 
  1.32  possession of real property by process of law. 
  2.1      Subd. 4.  [INSPECTOR.] "Inspector" means the person charged 
  2.2   by the governing body of the political subdivision in which a 
  2.3   residential building is situated, with the responsibility of 
  2.4   enforcing provisions of local law, the breach of which could 
  2.5   constitute a violation as defined in subdivision 13, clause 
  2.6   (1).  If there is no such person, "inspector" means the county 
  2.7   agent of a board of health as authorized under section 145A.04 
  2.8   or the chair of the board of county commissioners, and in the 
  2.9   case of a manufactured home park, the state department of 
  2.10  health, or its designee. [566.18, s.8] 
  2.11     Subd. 5.  [LANDLORD.] "Landlord" means an owner of real 
  2.12  property, a contract for deed vendee, receiver, executor, 
  2.13  trustee, lessee, agent, or other person directly or indirectly 
  2.14  in control of rental property. [566.18, s.3] 
  2.15     Subd. 6.  [LEASE.] "Lease" means a written or oral 
  2.16  agreement to rent real property, other than a hotel as defined 
  2.17  in section 326.70, for any period of time. 
  2.18     Subd. 7.  [NEIGHBORHOOD ORGANIZATION.] "Neighborhood 
  2.19  organization" means a nonprofit corporation incorporated under 
  2.20  chapter 317A that:  
  2.21     (1) designates in its articles of incorporation or bylaws a 
  2.22  specific geographic community to which its activities are 
  2.23  limited; and 
  2.24     (2) is formed for the purposes of promoting community 
  2.25  safety, crime prevention, and housing quality in a 
  2.26  nondiscriminatory manner. 
  2.27     For purposes of this chapter, an action taken by a 
  2.28  neighborhood organization with the written permission of a 
  2.29  residential tenant means, with respect to a building with 
  2.30  multiple dwelling units, an action taken by the neighborhood 
  2.31  organization with the written permission of the residential 
  2.32  tenants of a majority of the occupied units.  [566.18, s.9] 
  2.33     Subd. 8.  [PERSON.] "Person" means a natural person, 
  2.34  corporation, limited liability company, partnership, or 
  2.35  unincorporated association. [566.18, s.5] 
  2.36     Subd. 9.  [RENTER.] "Renter" means a residential or 
  3.1   commercial tenant or other person that rents or leases real 
  3.2   property. 
  3.3      Subd. 10.  [RESIDENTIAL BUILDING.] "Residential building" 
  3.4   means: 
  3.5      (1) a building used in whole or in part as a dwelling, 
  3.6   including single family homes, multiple family units such as 
  3.7   apartments, and structures containing both dwelling units and 
  3.8   units used for nondwelling purposes, and includes a manufactured 
  3.9   home park; or 
  3.10     (2) an unoccupied building which was previously used in 
  3.11  whole or in part as a dwelling and which constitutes a nuisance 
  3.12  under section 561.01. [566.18, s.7] 
  3.13     Subd. 11.  [RESIDENTIAL TENANT.] "Residential tenant" means 
  3.14  a person who is occupying a dwelling in a residential building 
  3.15  under a lease or contract, whether oral or written, that 
  3.16  requires the payment of money or exchange of services, all other 
  3.17  regular occupants of that dwelling unit, or a resident of a 
  3.18  manufactured home park. [566.18, s.2] 
  3.19     Subd. 12.  [TENANCY AT WILL.] "Tenancy at will" means a 
  3.20  tenancy described in section 3. 
  3.21     Subd. 13.  [VIOLATION.] "Violation" means: 
  3.22     (1) a violation of a state, county or city health, safety, 
  3.23  housing, building, fire prevention, or housing maintenance code 
  3.24  applicable to the building; 
  3.25     (2) a violation of section 6, subdivision 1, paragraph (a), 
  3.26  clause (1) or (2); or 
  3.27     (3) a violation of lease for the rental of a dwelling in a 
  3.28  building. [566.18, s.6] 
  3.29                         DURING THE TENANCY
  3.30     Sec. 2.  [504A.101] [PERSON IN POSSESSION LIABLE FOR RENT; 
  3.31  EVIDENCE.] 
  3.32     Every person in possession of land out of which any rent is 
  3.33  due, whether it was originally demised in fee, or for any other 
  3.34  estate of freehold or for any term of years, shall be liable for 
  3.35  the amount or proportion of rent due from the land in 
  3.36  possession, although it be only a part of the land originally 
  4.1   demised.  Such rent may be recovered in a civil action, and the 
  4.2   deed, demise, or other instrument showing the provisions of the 
  4.3   lease may be used in evidence by either party to prove the 
  4.4   amount due from the defendant.  Nothing herein contained shall 
  4.5   deprive landlords of any other legal remedy for the recovery of 
  4.6   rent, whether secured to them by their leases or provided by law.
  4.7   [504.04] 
  4.8      Sec. 3.  [504A.111] [WRITTEN LEASE REQUIRED; PENALTY.] 
  4.9      A landlord of a residential building with 12 or more 
  4.10  residential units must have a written lease for each unit rented 
  4.11  to a residential tenant.  Notwithstanding any other state law or 
  4.12  city ordinance to the contrary, a landlord may ask for the 
  4.13  tenant's full name and date of birth on the lease and 
  4.14  application.  A landlord who fails to provide a lease, as 
  4.15  required under this section, is guilty of a petty misdemeanor.  
  4.16  [504.012] 
  4.17     Sec. 4.  [504A.115] [TENANT TO BE GIVEN COPY OF LEASE.] 
  4.18     Subdivision 1.  [COPY OF WRITTEN LEASE TO TENANT.] Where 
  4.19  there is a written lease, a landlord must give a copy to each 
  4.20  tenant occupying a dwelling unit whose signature appears on the 
  4.21  lease agreement.  The landlord may obtain a signed and dated 
  4.22  receipt, either as a separate document or an acknowledgment 
  4.23  included in the lease agreement itself, from the tenant 
  4.24  acknowledging that the tenant has received a copy of the lease.  
  4.25  This signed receipt or acknowledgment is prima facie evidence 
  4.26  that the tenant has received a copy of the lease.  [504.015] 
  4.27     Subd. 2.  [LEGAL ACTION TO ENFORCE LEASE.] In any legal 
  4.28  action to enforce a written lease, except for nonpayment of 
  4.29  rent, disturbing the peace, malicious destruction of property, 
  4.30  or a violation of section 75, it is a defense for the tenant to 
  4.31  establish that the landlord failed to comply with subdivision 
  4.32  1.  This defense may be overcome if the landlord establishes 
  4.33  that the tenant had actual knowledge of the term or terms of the 
  4.34  lease upon which any legal action is based.  [504.015] 
  4.35     Sec. 5.  [504A.121] [URBAN REAL ESTATE; HOLDING OVER.] 
  4.36     When a renter of urban real estate holds over and retains 
  5.1   possession after expiration of the lease without the landlord's 
  5.2   express agreement, no tenancy for any period other than the 
  5.3   shortest interval between the times of payment of rent under the 
  5.4   terms of the expired lease shall be implied.  [504.07] 
  5.5      Sec. 6.  [504A.125] [HABITABILITY COVENANTS OF LANDLORD.] 
  5.6      Subdivision 1.  [REQUIREMENTS.] (a) A landlord covenants 
  5.7   that:  
  5.8      (1) the property and all common areas are fit for the use 
  5.9   intended by the landlord and residential tenant; 
  5.10     (2) the property is kept in reasonable repair during the 
  5.11  term of the lease, except when disrepair has been caused by the 
  5.12  willful, malicious, or irresponsible conduct of the residential 
  5.13  tenant or a person under the direction or control of the 
  5.14  residential tenant; and 
  5.15     (3) the property is maintained in compliance with the 
  5.16  applicable health and safety laws of: 
  5.17     (i) the state, including the weatherstripping, caulking, 
  5.18  storm window, and storm door energy efficiency standards for 
  5.19  renter-occupied residences prescribed by section 216C.27, 
  5.20  subdivisions 1 and 3; and 
  5.21     (ii) the local units of government where the property is 
  5.22  located:  
  5.23  except that items (i) and (ii) do not apply when violation of 
  5.24  the health and safety laws has been caused by the willful, 
  5.25  malicious, or irresponsible conduct of the residential tenant or 
  5.26  a person under the direction or control of the residential 
  5.27  tenant.  
  5.28     (b) The landlord may agree with the residential tenant that 
  5.29  the residential tenant is to perform specified repairs or 
  5.30  maintenance, but only if the agreement is supported by adequate 
  5.31  consideration and is in conspicuous writing.  
  5.32     (c) The requirements in paragraph (a) are in addition to 
  5.33  any other requirements imposed by law, ordinance, or by the 
  5.34  terms of the lease.  
  5.35     (d) Nothing in this subdivision may be construed to alter 
  5.36  the liability of the landlord for injury to third parties.  
  6.1   [504.18, subds. 1, 2, 4, 5] 
  6.2      Subd. 2.  [WAIVER NOT ALLOWED.] The landlord and 
  6.3   residential tenant may not waive or modify the requirements of 
  6.4   subdivision 1, paragraph (a), under any circumstances including, 
  6.5   but not limited to: 
  6.6      (1) by agreement; or 
  6.7      (2) by permitting the residential tenant to inspect the 
  6.8   property before entering into a lease.  [504.18, subds. 2 and 3] 
  6.9      Subd. 3.  [APPLICABILITY.] (a) This section applies only to 
  6.10  leases concluded or renewed on or after June 15, 1971. 
  6.11     (b) For the purposes of this section, tenancies at will are 
  6.12  considered renewed at the beginning of each rental period.  
  6.13  [504.18, subd. 6] 
  6.14     Subd. 4.  [LIBERAL CONSTRUCTION.] This section shall be 
  6.15  liberally construed.  [504.18, subd. 3] 
  6.16     Sec. 7.  [504A.131] [SINGLE-METER UTILITY SERVICE 
  6.17  PAYMENTS.] 
  6.18     (a) For the purposes of this section, "single-metered 
  6.19  residential building" means a multiunit residential building 
  6.20  with one or more separate residential living units where the 
  6.21  utility service measured through a single meter provides service 
  6.22  to an individual unit and to all or parts of common areas or 
  6.23  other units. 
  6.24     (b) In a residential lease entered into or renewed on or 
  6.25  after August 1, 1995, the owner of a single-metered residential 
  6.26  building shall be the bill payer responsible, and shall be the 
  6.27  customer of record contracting with the utility for utility 
  6.28  services.  The owner must advise the utility provider that the 
  6.29  utility services apply to a single-metered residential 
  6.30  building.  A failure by the owner to comply with this section is 
  6.31  a violation of sections 6, subdivision 1, paragraph (a), clause 
  6.32  (1), and 29.  This section may not be waived by contract or 
  6.33  otherwise.  This section does not require an owner to contract 
  6.34  and pay for utility service provided to each residential unit 
  6.35  through a separate meter which accurately measures that unit's 
  6.36  use only.  [504.185, subds. 1 and 1a] 
  7.1      Sec. 8.  [504A.135] [EMERGENCY CONDITIONS; LOSS OF 
  7.2   ESSENTIAL SERVICES.] 
  7.3      Subdivision 1.  [PROCEDURE.] (a) A residential tenant or 
  7.4   group of residential tenants may pay to have home heating oil, 
  7.5   propane, natural gas, electricity, or water service continued or 
  7.6   reconnected as provided in this section if the municipality, 
  7.7   utility company, or other company supplying the service to the 
  7.8   residential building has issued a final notice, has posted the 
  7.9   building proposing to disconnect, or has discontinued the 
  7.10  service because a landlord: 
  7.11     (1) who has contracted for the service has failed to pay 
  7.12  for it; or 
  7.13     (2) is required by law or contract to pay for the service 
  7.14  and fails to do so. 
  7.15     (b) Before paying for the service, the residential tenant 
  7.16  or group of tenants must give oral or written notice to the 
  7.17  landlord of their intention to pay after 48 hours, or a shorter 
  7.18  period that is reasonable under the circumstances, if the 
  7.19  landlord has not already paid for the service.  In the case of 
  7.20  oral notice, written notice must be mailed or delivered to the 
  7.21  landlord within 24 hours after oral notice is given. 
  7.22     (c) When the affected service is natural gas, electricity, 
  7.23  or water, if the landlord has not yet paid the bill by the time 
  7.24  of the residential tenant's intended payment, or if the service 
  7.25  remains discontinued, the residential tenant or group of tenants 
  7.26  may pay the outstanding bill for the most recent billing period, 
  7.27  if the utility company or municipality will restore the service 
  7.28  for at least one billing period. 
  7.29     (d) When the affected service is home heating oil or 
  7.30  propane, if the landlord has not yet paid the bill by the time 
  7.31  of the residential tenant's intended payment, or if the service 
  7.32  remains discontinued, the residential tenant or group of tenants 
  7.33  may order and pay for one month's supply of the proper grade and 
  7.34  quality of oil or propane. 
  7.35     (e) After submitting receipts for the payment to the 
  7.36  landlord, a residential tenant may deduct the amount of the 
  8.1   tenant's payment from the next rental payment.  Amounts paid to 
  8.2   the municipality, utility company, or other company by a 
  8.3   residential tenant under this subdivision are considered payment 
  8.4   of rent to the landlord for purposes of section 18.  [504.185, 
  8.5   subd. 2] 
  8.6      Subd. 2.  [LIMITATIONS; WAIVER NOT ALLOWED; RIGHTS ARE 
  8.7   ADDITIONAL.] The residential tenant rights under this section: 
  8.8      (1) do not extend to conditions caused by the willful, 
  8.9   malicious, or negligent conduct of the residential tenant or of 
  8.10  a person under the tenant's direction or control; 
  8.11     (2) may not be waived or modified; and 
  8.12     (3) are in addition to and do not limit other rights that 
  8.13  may be available to the residential tenant in law or equity, 
  8.14  including the right to damages and the right to restoration of 
  8.15  possession of the property under section 18.  [504.185, subd. 3] 
  8.16     Sec. 9.  [504A.141] [TENANT'S RIGHT TO PRIVACY.] 
  8.17     Subdivision 1.  [ENTRY BY LANDLORD.] Except as provided in 
  8.18  subdivision 3, a landlord may enter the premises rented by a 
  8.19  residential tenant only for a reasonable business purpose and 
  8.20  after making a good faith effort to give the tenant reasonable 
  8.21  notice under the circumstances of the intent to enter.  A tenant 
  8.22  may not waive and the landlord may not require the tenant to 
  8.23  waive the tenant's right to prior notice of entry under this 
  8.24  section as a condition of entering into or maintaining the 
  8.25  lease.  [504.183, subds. 1,2] 
  8.26     Subd. 2.  [REASONABLE PURPOSE.] For purposes of subdivision 
  8.27  1, a reasonable business purpose includes, but is not limited to:
  8.28     (1) showing the unit to prospective tenants during the 
  8.29  notice period before the lease terminates or after the current 
  8.30  tenant has given notice to move to the owner or owner's agent; 
  8.31     (2) showing the unit to a prospective buyer or to an 
  8.32  insurance representative; 
  8.33     (3) performing maintenance work; 
  8.34     (4) allowing inspections by state, county, or city 
  8.35  officials charged in the enforcement of health, housing, 
  8.36  building, fire prevention, or housing maintenance codes; 
  9.1      (5) the tenant is causing a disturbance within the unit; 
  9.2      (6) the landlord has a reasonable belief that the tenant is 
  9.3   violating the lease within the tenant's unit; 
  9.4      (7) prearranged housekeeping work in senior housing where 
  9.5   80 percent or more of the tenants are age 55 or older; 
  9.6      (8) the landlord has a reasonable belief that the unit is 
  9.7   being occupied by an individual without a legal right to occupy 
  9.8   it; or 
  9.9      (9) the tenant has vacated the unit.  [504.183, subd. 3] 
  9.10     Subd. 3.  [EXCEPTION TO NOTICE REQUIREMENT.] 
  9.11  Notwithstanding subdivision 1, a landlord may enter the premises 
  9.12  rented by a tenant to inspect or take appropriate action without 
  9.13  prior notice to the tenant if the landlord reasonably suspects 
  9.14  that:  
  9.15     (1) immediate entry is necessary to prevent injury to 
  9.16  persons or property because of conditions relating to 
  9.17  maintenance, building security, or law enforcement; 
  9.18     (2) immediate entry is necessary to determine a tenant's 
  9.19  safety; or 
  9.20     (3) immediate entry is necessary in order to comply with 
  9.21  local ordinances regarding unlawful activity occurring within 
  9.22  the tenant's premises.  [504.183, subd. 4] 
  9.23     Subd. 4.  [ENTRY WITHOUT TENANT'S PRESENCE.] If the 
  9.24  landlord enters when the tenant is not present and prior notice 
  9.25  has not been given, the landlord shall disclose the entry by 
  9.26  placing a written disclosure of the entry in a conspicuous place 
  9.27  in the premises.  [504.183, subd. 5] 
  9.28     Subd. 5.  [PENALTY.] If a landlord substantially violates 
  9.29  subdivision 1, the tenant is entitled to a penalty which may 
  9.30  include a rent reduction up to full rescission of the lease, 
  9.31  recovery of any damage deposit less any amount retained under 
  9.32  section 504.20, and up to a $100 civil penalty for each 
  9.33  violation.  If a landlord violates subdivision 4, the tenant is 
  9.34  entitled to up to a $100 civil penalty for each violation.  A 
  9.35  tenant shall follow the procedures in sections 52 to 68 to 
  9.36  enforce the provisions of this section.  [504.183, subd. 6] 
 10.1      Subd. 6.  [EXEMPTION.] This section does not apply to 
 10.2   tenants and landlords of manufactured home parks as defined in 
 10.3   section 327C.01.  [504.183, subd. 7] 
 10.4      Sec. 10.  [504A.145] [RESTRICTION ON LEASE TERMS FOR 
 10.5   BUILDINGS IN FINANCIAL DISTRESS.] 
 10.6      Once a landlord has received notice of a contract for deed 
 10.7   cancellation under section 559.21 or notice of a mortgage 
 10.8   foreclosure sale under chapter 580 or 582, the landlord may 
 10.9   enter into a periodic lease agreement with a term of two months 
 10.10  or less or a fixed term tenancy not extending beyond the 
 10.11  cancellation period or the landlord's period of redemption until:
 10.12     (1) the contract for deed has been reinstated or paid in 
 10.13  full; 
 10.14     (2) the mortgage default has been cured and the mortgage 
 10.15  reinstated; 
 10.16     (3) the mortgage has been satisfied; 
 10.17     (4) the property has been redeemed from a foreclosure sale; 
 10.18  or 
 10.19     (5) a receiver has been appointed. 
 10.20     This section does not apply to a manufactured home park as 
 10.21  defined in section 327C.01, subdivision 5.  [504.201] 
 10.22     Sec. 11.  [504A.151] [RESTRICTION ON AUTOMATIC RENEWAL OF 
 10.23  LEASE.] 
 10.24     (a) In a residential lease, a landlord may not enforce an 
 10.25  automatic renewal clause of a lease of an original term of two 
 10.26  months or more that renews the lease for a specified additional 
 10.27  period of two months or more unless the residential tenant gives 
 10.28  notice to the landlord of an intention to quit the property at 
 10.29  the expiration of the term due to expire. 
 10.30     (b) Paragraph (a) does not apply if the landlord gives the 
 10.31  residential tenant written notice directing the residential 
 10.32  tenant's attention to the automatic renewal provision of the 
 10.33  lease.  The notice must be given between 15 and 30 days prior to 
 10.34  the time that the residential tenant is required to furnish 
 10.35  notice of an intention to quit and must be served personally or 
 10.36  by certified mail.  [504.21] 
 11.1      Sec. 12.  [504A.155] [DISCLOSURE BY LANDLORD TO RESIDENTIAL 
 11.2   TENANT; ATTORNEY GENERAL'S STATEMENT.] 
 11.3      Subdivision 1.  [DISCLOSURE.] Before a tenancy begins, a 
 11.4   landlord must inform a residential tenant either in the lease or 
 11.5   otherwise in writing the name and address of: 
 11.6      (1) the person authorized to manage the property; and 
 11.7      (2) the landlord or an agent authorized by the landlord to 
 11.8   accept service of process and receive and give receipt for 
 11.9   notices and demands.  [504.22, subd. 2] 
 11.10     Subd. 2.  [POSTING NOTICE.] (a) A printed or typewritten 
 11.11  notice containing the information that must be disclosed under 
 11.12  subdivision 1 must be placed in a conspicuous place on the 
 11.13  property.  
 11.14     (b) Unless the landlord is required to post a notice by 
 11.15  section 471.9995, the landlord shall also place a notice in a 
 11.16  conspicuous place on the property that states that a copy of the 
 11.17  statement required by subdivision 4 is available from the 
 11.18  attorney general to any residential tenant upon request.  This 
 11.19  subdivision is complied with if notices posted in compliance 
 11.20  with other statutes or ordinances contain the information 
 11.21  required by this section.  [504.22, subd. 3] 
 11.22     Subd. 3.  [AGENT WHERE LANDLORD'S ADDRESS IS NOT KNOWN.] If 
 11.23  subdivisions 1 and 2, paragraph (a), have not been complied with 
 11.24  and a person wants to serve process on or give a notice or 
 11.25  demand to the landlord, but does not know the name and address 
 11.26  of the landlord or the landlord's agent, then a caretaker or 
 11.27  manager of the property or an individual to whom residential 
 11.28  tenants make rental payments is the authorized agent.  If this 
 11.29  agent receives service of process or receipt of a notice or 
 11.30  demand, the agent shall give the process, notice, or demand, or 
 11.31  a copy of it, to the landlord personally or send it by certified 
 11.32  mail, return receipt requested, to the landlord at the 
 11.33  landlord's last known address.  [504.22, subd. 4] 
 11.34     Subd. 4.  [ATTORNEY GENERAL'S STATEMENT.] (a) The attorney 
 11.35  general shall prepare and make available to the public a 
 11.36  statement that: 
 12.1      (1) summarizes the significant legal rights and obligations 
 12.2   of landlords and residential tenants; 
 12.3      (2) includes descriptions of the significant provisions of 
 12.4   this chapter; 
 12.5      (3) notifies residential tenants in public housing to 
 12.6   consult their leases for additional rights and obligations they 
 12.7   may have under federal law; and 
 12.8      (4) includes the telephone number and address of the 
 12.9   attorney general for further information. 
 12.10     (b) The attorney general shall annually revise the 
 12.11  statement in paragraph (a) as necessary to ensure that it 
 12.12  continues accurately to describe the statutory and case law 
 12.13  governing the rights and duties of landlords and residential 
 12.14  tenants.  After each annual revision of the statement, the 
 12.15  attorney general shall hold a public meeting to discuss the 
 12.16  statement and receive comments on its contents before it is 
 12.17  issued.  When preparing the statement and evaluating public 
 12.18  comment, the attorney general shall be guided by the 
 12.19  legislature's intent that the statement be brief, accurate, and 
 12.20  complete in identifying significant legal rights and 
 12.21  obligations, and written using words with common, everyday 
 12.22  meanings. 
 12.23     (c) For the purposes of this subdivision, "residential 
 12.24  tenants" does not include residents of manufactured home parks 
 12.25  as defined in section 327C.01, subdivision 9.  [504.22, subds. 1 
 12.26  and 4a] 
 12.27     Subd. 5.  [ACTION MAY NOT BE BROUGHT WITHOUT DISCLOSURE.] 
 12.28  (a) Except as provided in paragraph (b), an action to recover 
 12.29  rent or for eviction may not be brought unless the information 
 12.30  required by this section: 
 12.31     (1) has been disclosed to the residential tenant as 
 12.32  provided in this section; or 
 12.33     (2) is known by or has been disclosed to the residential 
 12.34  tenant at least 30 days before the initiation of the action. 
 12.35     (b) Failure by the landlord to post a notice required by 
 12.36  subdivision 2 or section 471.9995 shall not prevent an action to 
 13.1   recover rent or for eviction.  [504.22, subd. 5] 
 13.2      Subd. 6.  [FAILURE TO NOTIFY LANDLORD.] A residential 
 13.3   tenant who moves from or subleases the property without giving 
 13.4   the landlord at least 30 days' written notice voids this section 
 13.5   and section 71, as to the tenant.  [504.22, subd. 6] 
 13.6      Subd. 7.  [APPLICABILITY.] This section extends to and is 
 13.7   enforceable against a successor landlord, caretaker, manager, or 
 13.8   individual to whom rental payments are made. [504.22, subd. 7] 
 13.9      Sec. 13.  [504A.161] [DISCLOSURE REQUIRED FOR OUTSTANDING 
 13.10  INSPECTION AND CONDEMNATION ORDERS.] 
 13.11     Subdivision 1.  [DISCLOSURE TO TENANT.] (a) Except as 
 13.12  provided in subdivision 3, a landlord shall provide a copy of 
 13.13  all outstanding inspection orders for which a citation has been 
 13.14  issued, pertaining to a rental unit or common area, specifying 
 13.15  code violations issued under section 52, that the inspector 
 13.16  identifies as requiring notice because the violations threaten 
 13.17  the health or safety of the tenant, and all outstanding 
 13.18  condemnation orders and declarations that the premises are unfit 
 13.19  for human habitation to: 
 13.20     (1) a residential tenant, either by delivery or by United 
 13.21  States mail, postage prepaid, within 72 hours after issuance of 
 13.22  the citation; 
 13.23     (2) a person before signing a lease or paying rent or a 
 13.24  security deposit to begin a new tenancy; and 
 13.25     (3) a person prior to obtaining new ownership of the 
 13.26  property subject to the order or declaration. 
 13.27     The inspector shall indicate on the inspection order 
 13.28  whether the violation threatens the health or safety of a tenant 
 13.29  or prospective tenant. 
 13.30     (b) If an inspection order, for which a citation has been 
 13.31  issued, does not involve code violations that threaten the 
 13.32  health or safety of the tenants, the landlord shall post a 
 13.33  summary of the inspection order in a conspicuous place in each 
 13.34  building affected by the inspection order, along with a notice 
 13.35  that the inspection order will be made available by the landlord 
 13.36  for review, upon a request of a tenant or prospective tenant.  
 14.1   The landlord shall provide a copy of the inspection order for 
 14.2   review by a tenant or a prospective tenant as required under 
 14.3   this subdivision.  [504.246, subd. 1] 
 14.4      Subd. 2.  [PENALTY.] If the landlord violates this section, 
 14.5   the residential tenant is entitled to remedies provided by 
 14.6   section 8.31, subdivision 3a, and other equitable relief as 
 14.7   determined by the court.  [504.246, subd. 2] 
 14.8      Subd. 3.  [EXCEPTION.] A landlord is not in violation of 
 14.9   this section if: 
 14.10     (1) the landlord has received only an initial order to 
 14.11  repair; 
 14.12     (2) the time allowed to complete the repairs, including any 
 14.13  extension of the deadline, has not yet expired, or less than 60 
 14.14  days has elapsed since the expiration date of repair orders and 
 14.15  any extension or no citation has been issued; or 
 14.16     (3) the landlord completes the repairs within the time 
 14.17  given to repair, including any extension of the deadline.  
 14.18  [504.246, subd. 3] 
 14.19     Subd. 4.  [LANDLORD'S DEFENSE.] It is an affirmative 
 14.20  defense in an action brought under this section for the landlord 
 14.21  to prove that disclosure was made as required under subdivision 
 14.22  1.  [504.246, subd. 4] 
 14.23     Sec. 14.  [504A.165] [RENTAL OF CONDEMNED RESIDENTIAL 
 14.24  PROPERTY; DAMAGES.] 
 14.25     (a) A landlord, an agent, or other person acting under the 
 14.26  landlord's direction or control may not accept rent or a 
 14.27  security deposit for residential rental property from a 
 14.28  residential tenant after the property has been condemned or 
 14.29  declared unfit for human habitation by the applicable state or 
 14.30  local authority, if the tenancy began after the property was 
 14.31  condemned or declared unfit for human habitation.  
 14.32     (b) If the landlord, an agent, or other person acting under 
 14.33  the landlord's direction or control violates paragraph (a), the 
 14.34  landlord is liable to the residential tenant for actual damages 
 14.35  and an amount equal to three times the amount of all money 
 14.36  collected from the residential tenant after the date of 
 15.1   condemnation or declaration, plus costs and attorney fees.  
 15.2   [504.245] 
 15.3      Sec. 15.  [504A.171] [RENT LIABILITY; UNINHABITABLE 
 15.4   BUILDINGS.] 
 15.5      A renter of a building that is destroyed or becomes 
 15.6   uninhabitable or unfit for occupancy through no fault of the 
 15.7   renter, is not required to pay rent or a penalty to the landlord 
 15.8   unless a written agreement expressly provides otherwise, and the 
 15.9   renter may vacate the property.  [504.05] 
 15.10     Sec. 16.  [504A.175] [UNLAWFUL DESTRUCTION; DAMAGES.] 
 15.11     An action may be brought for willful and malicious 
 15.12  destruction of a residential building.  The prevailing party may 
 15.13  recover actual damages, costs, and reasonable attorney fees, as 
 15.14  well as other equitable relief as determined by the court.  
 15.15  [504.257] 
 15.16     Sec. 17.  [504A.181] [PETS IN SUBSIDIZED HANDICAPPED 
 15.17  ACCESSIBLE RENTAL HOUSING UNITS.] 
 15.18     In a multiunit residential building, a residential tenant 
 15.19  of a handicapped accessible unit, in which the tenant or the 
 15.20  unit receives a subsidy that directly reduces or eliminates the 
 15.21  tenant's rent responsibility must be allowed to have two birds 
 15.22  or one spayed or neutered dog or one spayed or neutered cat.  A 
 15.23  tenant under this section may not keep or have visits from an 
 15.24  animal that constitutes a threat to the health or safety of 
 15.25  other individuals, or causes a noise nuisance or noise 
 15.26  disturbance to other tenants.  The landlord may require the 
 15.27  tenant to pay an additional damage deposit in an amount 
 15.28  reasonable to cover damage likely to be caused by the animal.  
 15.29  The deposit is refundable at any time the tenant leaves the unit 
 15.30  or to the extent it exceeds the amount of damage actually caused 
 15.31  by the animal.  [504.36] 
 15.32                         ENDING THE TENANCY
 15.33     Sec. 18.  [504A.201] [LANDLORD'S CLAIM FOR RECOVERY OF 
 15.34  PROPERTY; RENTER'S RIGHT TO POSSESSION.] 
 15.35     Subdivision 1.  [ACTION TO RECOVER.] (a) When a renter is 
 15.36  in arrears in payment of rent, a landlord may bring an action to 
 16.1   recover possession of the property and such an action is 
 16.2   equivalent to a demand for the rent and a reentry upon the 
 16.3   property.  Unless an action is pending under section 19, 
 16.4   subdivision 3, for recovery of the property alleging a material 
 16.5   violation of the lease, the renter may, at any time before 
 16.6   possession has been delivered, redeem the tenancy and be 
 16.7   restored to possession by paying to the landlord the amount of 
 16.8   the rent, with interest, that is in arrears, costs of the 
 16.9   action, and an attorney fee not to exceed $5, and by performing 
 16.10  any other covenants of the lease.  
 16.11     (b) If the renter has paid to the landlord or brought into 
 16.12  court the amount of rent in arrears but is unable to pay the 
 16.13  interest, costs of the action, and attorney fees required by 
 16.14  paragraph (a), the court may permit the renter to pay these 
 16.15  amounts into court and be restored to possession within the same 
 16.16  period of time, if any, for which the court stays the issuance 
 16.17  of the order to vacate under section 41. 
 16.18     (c) Prior to or after commencement of an action to recover 
 16.19  possession for nonpayment of rent, the parties may agree only in 
 16.20  writing that partial payment of rent in arrears which is 
 16.21  accepted by the landlord prior to issuance of the order granting 
 16.22  restitution of the premises pursuant to section 41 may be 
 16.23  applied to the balance due and does not waive the landlord's 
 16.24  action to recover possession of the premises for nonpayment of 
 16.25  rent. 
 16.26     (d) Rental payments under this subdivision must first be 
 16.27  applied to rent claimed due in the complaint from prior rental 
 16.28  periods before applying any payment toward rent claimed due in 
 16.29  the complaint for the current rental period, unless the court 
 16.30  finds that under the circumstances the claim for rent from prior 
 16.31  rental periods has been waived.  [504.02, subd. 1] 
 16.32     Subd. 2.  [LEASE GREATER THAN 20 YEARS.] (a) If the lease 
 16.33  under which an action is brought under subdivision 1 is for a 
 16.34  term of more than 20 years, the action may not begin until the 
 16.35  landlord serves a written notice on the renter and on all 
 16.36  creditors with legal or equitable recorded liens on the property.
 17.1   The notice must state: 
 17.2      (1) the lease will be canceled unless the amounts, 
 17.3   agreements, and legal obligations in default are paid or 
 17.4   performed within 30 days, or a longer specified period; and 
 17.5      (2) if the amounts, agreements, and legal obligations are 
 17.6   not paid or performed within that period, then the landlord may 
 17.7   evict the renter at the expiration of the period.  
 17.8      (b) If the lease provides that the landlord must give more 
 17.9   than the 30 days' notice provided in paragraph (a), then notice 
 17.10  must be the same as that provided in the lease.  
 17.11     (c) The renter may be restored to possession of the 
 17.12  property under the terms of the original lease if, before the 
 17.13  expiration of six months after the landlord obtains possession 
 17.14  due to the renter's abandonment or surrender of the property or 
 17.15  the landlord prevails in the action, the renter or a creditor 
 17.16  holding a legal or equitable lien on the property: 
 17.17     (1) pays to the landlord or brings into court the amount of 
 17.18  rent then in arrears, with interest and the costs of the action; 
 17.19  and 
 17.20     (2) performs the other agreements or legal obligations that 
 17.21  are in default. [504.02, subd. 2] 
 17.22     Sec. 19.  [504A.205] [TERMINATION OF TENANCY OR OCCUPANCY.] 
 17.23     Subdivision 1.  [SALE OF PROPERTY.] (a) A landlord or 
 17.24  person entitled to possession may evict an occupant if the 
 17.25  occupant refuses to leave the property after: 
 17.26     (1) an execution or judgment sale; 
 17.27     (2) foreclosure of a mortgage and expiration of the time 
 17.28  for redemption; or 
 17.29     (3) termination of a contract to convey the mortgage.  
 17.30     (b) If the occupant in paragraph (a), clause (2) or (3), is 
 17.31  a renter, the landlord or person entitled to possession must 
 17.32  give the renter at least one month's written notice to vacate: 
 17.33     (1) no sooner than one month after the expiration of the 
 17.34  time described in paragraph (a), clause (2) or (3), provided 
 17.35  that the renter pays the rent and abides by all terms of the 
 17.36  lease; or 
 18.1      (2) no later than the date of the expiration of the time 
 18.2   described in paragraph (a), clause (2) or (3), provided that the 
 18.3   notice states that the landlord or person entitled to possession 
 18.4   will hold the renter harmless for breaching the lease by 
 18.5   vacating the property if the mortgage is redeemed or the 
 18.6   contract is reinstated.  [566.03, subd. 1] 
 18.7      Subd. 2.  [HOLDING OVER.] A landlord or person entitled to 
 18.8   possession may evict an occupant: 
 18.9      (1) if the occupant refuses to leave the property on 
 18.10  expiration of a lease or other agreement; 
 18.11     (2) if the occupant violates a condition of the lease or 
 18.12  other agreement; or 
 18.13     (3) after rent is due under the terms of a lease or 
 18.14  agreement.  [566.03, subd. 1.] 
 18.15     Subd. 3.  [COMBINING ALLEGATIONS.] (a) An action for 
 18.16  eviction may combine the allegation of nonpayment of rent and 
 18.17  the allegation of material violation of the lease, which must be 
 18.18  heard as alternative grounds. 
 18.19     (b) In cases where rent is outstanding, a renter is not 
 18.20  required to pay into court the amount of rent in arrears, 
 18.21  interest, and costs as required under section 18 to defend 
 18.22  against an allegation by the landlord that the renter has 
 18.23  committed a material violation of the lease. 
 18.24     (c) If the landlord does not prevail in proving material 
 18.25  violation of the lease, and the landlord has also alleged that 
 18.26  rent is due, the renter shall be permitted to present defenses 
 18.27  to the court that the rent is not owing.  The renter shall be 
 18.28  given up to seven days of additional time to pay any rent 
 18.29  determined by the court to be due.  The court may order the 
 18.30  renter to pay rent and any costs determined to be due directly 
 18.31  to the landlord or to be deposited with the court.  [566.03, 
 18.32  subd. 5] 
 18.33     Subd. 4.  [NO EVICTION IF RENTER HOLDS OVER FOR THREE 
 18.34  YEARS.] Other than an action in ejectment, a landlord may not 
 18.35  bring an action to evict a renter in quiet possession more than 
 18.36  three years after termination of a lease.  [566.04] 
 19.1      Subd. 5.  [DISTRESS FOR RENT.] The remedy of distress for 
 19.2   rent is abolished.  [504.01] 
 19.3      Sec. 20.  [504A.211] [DEFENSES.] 
 19.4      Subdivision 1.  [NOTICE TO QUIT.] (a) It is a defense to an 
 19.5   action brought under section 19, subdivision 1 or 2, after the 
 19.6   landlord has given notice to quit, for a renter to prove by a 
 19.7   preponderance of the evidence that the termination by the 
 19.8   landlord was intended in whole or in part as a penalty for: 
 19.9      (1) the renter's good faith attempt to secure or enforce 
 19.10  rights under an oral or written lease or contract, under the 
 19.11  laws of the state or any of its governmental subdivisions, or 
 19.12  under the laws of the United States; or 
 19.13     (2) the renter's good faith report to a governmental 
 19.14  authority of the landlord's violation of a health, safety, 
 19.15  housing or building code or ordinance. 
 19.16     (b) If the notice to quit was served within 90 days of the 
 19.17  date of an act that was performed by the renter under paragraph 
 19.18  (a), clause (1) or (2), the burden of proving that the notice to 
 19.19  quit was not served in whole or in part for a retaliatory 
 19.20  purpose is on the landlord.  [566.03, subd. 2] 
 19.21     Subd. 2.  [NONPAYMENT OF RENT.] It is a defense to an 
 19.22  action brought under section 19, subdivision 2, clause (3), for 
 19.23  the renter to establish by a preponderance of the evidence that 
 19.24  the landlord increased the renter's rent or decreased the 
 19.25  services as a penalty in whole or in part for a lawful act of 
 19.26  the renter as described in subdivision 1, paragraph (a), clause 
 19.27  (1) or (2), providing that the renter pays to the court or to 
 19.28  the landlord the amount of rent due and payable under the 
 19.29  renter's original lease.  [566.03, subd. 3] 
 19.30     Sec. 21.  [504A.215] [NONLIMITATION OF RIGHTS OF LANDLORD 
 19.31  TO TERMINATE TENANCY.] 
 19.32     Section 20 does not limit the right of a landlord under 
 19.33  section 19: 
 19.34     (1) to terminate a tenancy for a violation by the renter of 
 19.35  a lawful, material provision of an oral or written lease or 
 19.36  contract; or 
 20.1      (2) to hold a tenant liable for damage to the property 
 20.2   caused by the renter or a person acting under the tenant's 
 20.3   direction or control.  [566.03, subd. 4] 
 20.4      Sec. 22.  [504A.221] [RENTER MAY NOT DENY TITLE; 
 20.5   EXCEPTION.] 
 20.6      A renter in possession of real property under a lawful 
 20.7   lease may not deny the landlord's title in an action brought by 
 20.8   the landlord to evict.  This prohibition does not apply to a 
 20.9   renter who, prior to the lease, possesses the property under a 
 20.10  claim of title that is adverse or hostile to that of the 
 20.11  landlord.  [504.03] 
 20.12     Sec. 23.  [504A.225] [TERMINATING TENANCY AT WILL.] 
 20.13     A tenancy at will may be terminated by either the landlord 
 20.14  or renter giving notice in writing.  The time of the notice must 
 20.15  be at least as long as the interval between the time rent is due 
 20.16  or three months, whichever is less.  If a renter does not pay 
 20.17  rent due on a tenancy at will, 14 days' notice in writing to 
 20.18  quit, given by the landlord to the renter, is sufficient to 
 20.19  terminate the tenancy.  [504.06] 
 20.20     Sec. 24.  [504A.231] [RENTER MUST GIVE COLD WEATHER NOTICE 
 20.21  BEFORE VACATION OF BUILDING; MISDEMEANOR.] 
 20.22     A renter who, between November 15 and April 15, vacates 
 20.23  property that contains plumbing, water, steam, or other pipes 
 20.24  liable to injury from freezing must give at least three days' 
 20.25  notice to the landlord.  Failure to do so is a misdemeanor.  
 20.26  This penalty does not apply to a lease that expires under its 
 20.27  own terms.  [504.08] 
 20.28     Sec. 25.  [504A.235] [DOCUMENTS TO BE RECORDED.] 
 20.29     Subdivision 1.  [NOTICE OF CANCELLATION OR TERMINATION OF 
 20.30  LEASE.] The county recorder of the county where a lease is 
 20.31  recorded must, upon presentation, record a notice of 
 20.32  cancellation or termination of the lease, or a copy of the 
 20.33  notice, with proof of service, and the affidavit of the landlord 
 20.34  or the landlord's agent or attorney, showing that the renter has 
 20.35  not complied with the terms of the notice.  This record is prima 
 20.36  facie evidence of the facts stated in it.  [504.09] 
 21.1      Subd. 2.  [EVICTION; RECOVERY OF POSSESSION.] (a) The 
 21.2   following documents must be recorded in the office of the county 
 21.3   recorder of the county where property is located if it is 
 21.4   unregistered, or in the office of the registrar of titles of the 
 21.5   county if it is registered:  
 21.6      (1) on eviction of a renter by a landlord, a certified copy 
 21.7   of the judgment; or 
 21.8      (2) on recovery of possession by a landlord by abandonment 
 21.9   or surrender by the renter, an affidavit by the landlord or the 
 21.10  landlord's attorney attesting to that fact.  
 21.11     (b) A recorded certified copy of the judgment or the 
 21.12  affidavit is prima facie evidence of the recovery of possession 
 21.13  by the landlord.  [504.02, subd. 3] 
 21.14     Sec. 26.  [504A.241] [SECURITY DEPOSITS; DAMAGES.] 
 21.15     Subdivision 1.  [APPLICABILITY.] A deposit that is intended 
 21.16  to secure the performance of a residential lease or any part of 
 21.17  such a lease is governed by this section.  This section does not 
 21.18  apply to a deposit that is exclusively an advance payment of 
 21.19  rent.  [504.20, subd. 1] 
 21.20     Subd. 2.  [INTEREST.] (a) A security deposit must be held 
 21.21  by a landlord for a residential tenant and must bear simple 
 21.22  noncompounded interest at the rate of three percent per year 
 21.23  until May 1, 1999, and four percent per year thereafter.  
 21.24  Interest must be computed from the first day of the next month 
 21.25  following the full payment of the deposit to whichever of the 
 21.26  following dates is earlier: 
 21.27     (1) the last day of the month in which the landlord, in 
 21.28  good faith, complies with subdivision 3; or 
 21.29     (2) the date on which judgment is entered in a civil action 
 21.30  involving the landlord's liability for the deposit. 
 21.31     (b) An interest amount less than $1 is not included in the 
 21.32  computation. 
 21.33     (c) A security deposit is not considered a trust fund as 
 21.34  defined in section 82.17, subdivision 7. 
 21.35     (d) The reversion of the interest rate to four percent in 
 21.36  paragraph (a) is subject to review by the legislature in the 
 22.1   1998 session.  [504.20, subd. 2; Laws 1996, ch. 357, sec. 2] 
 22.2      Subd. 3.  [RETURN OF SECURITY DEPOSIT.] (a) A landlord 
 22.3   shall return the security deposit to the residential tenant, 
 22.4   with interest as provided in subdivision 2, or furnish to the 
 22.5   residential tenant a written statement showing the specific 
 22.6   reason for withholding the deposit or a portion of it within the 
 22.7   following periods: 
 22.8      (1) three weeks after termination of the tenancy and 
 22.9   receipt of the tenant's mailing address or delivery 
 22.10  instructions; or 
 22.11     (2) five days after the date when the residential tenant 
 22.12  leaves the building and receipt of the tenant's mailing address 
 22.13  or delivery instructions if the tenant leaves due to the legal 
 22.14  condemnation of the building in which the tenant lives for 
 22.15  reasons not due to willful, malicious, or irresponsible conduct 
 22.16  of the residential tenant. 
 22.17     (b) The landlord is considered to have complied with the 
 22.18  time requirement of paragraph (a) if the deposit or written 
 22.19  statement is placed in the United States mail as first class 
 22.20  mail, postage prepaid, in an envelope with a proper return 
 22.21  address, correctly addressed according to the mailing address or 
 22.22  delivery instructions furnished by the residential tenant, 
 22.23  within the time required by paragraph (a).  The landlord may 
 22.24  withhold from the deposit only amounts reasonably necessary: 
 22.25     (1) to remedy residential tenant defaults in the payment of 
 22.26  rent or of other funds due to the landlord pursuant to an 
 22.27  agreement; or 
 22.28     (2) to restore the property to its condition at the 
 22.29  commencement of the tenancy, ordinary wear and tear excepted. 
 22.30     (c) In an action concerning the deposit, the burden of 
 22.31  proving, by a fair preponderance of the evidence, the reason for 
 22.32  withholding all or any portion of the deposit is on the 
 22.33  landlord.  [504.20, subd. 3] 
 22.34     Subd. 4.  [TERMINATION OF LANDLORD'S INTEREST.] (a) Upon 
 22.35  termination of the landlord's interest in residential property, 
 22.36  the landlord or the landlord's agent must take one of the 
 23.1   actions described in paragraph (b) either within 60 days of 
 23.2   termination of the interest or when the successor in interest is 
 23.3   required to return or otherwise account for the deposit to the 
 23.4   residential tenant, whichever occurs first.  Either action 
 23.5   relieves the landlord or successor in interest from further 
 23.6   liability with respect to the deposit.  Termination of the 
 23.7   landlord's interest in the property may occur by sale, 
 23.8   assignment, death, appointment of receiver, or otherwise. 
 23.9      (b) The landlord must: 
 23.10     (1) transfer the deposit, or any remainder after lawful 
 23.11  deductions made under subdivision 3, plus interest as provided 
 23.12  in subdivision 2, to the landlord's successor in interest and 
 23.13  notify the residential tenant of the transfer and of the name 
 23.14  and address of the successor in interest; or 
 23.15     (2) return the deposit, or any remainder after lawful 
 23.16  deductions made under subdivision 3, plus interest as provided 
 23.17  in subdivision 2, to the residential tenant. 
 23.18     (c) Upon termination of the landlord's interest in the 
 23.19  property, the landlord's successor in interest has all of the 
 23.20  rights and obligations of the landlord with respect to the 
 23.21  deposit except that if the residential tenant does not object to 
 23.22  the stated amount within 20 days after written notice of the 
 23.23  amount of deposit being transferred or assumed, the obligation 
 23.24  of the landlord's successor to return the deposit is limited to 
 23.25  the amount contained in the notice.  The notice must contain a 
 23.26  stamped envelope addressed to the landlord's successor and may 
 23.27  be given by mail or by personal service.  [504.20, subds. 5 and 
 23.28  6] 
 23.29     Subd. 5.  [DAMAGES; PENALTY.] (a) A landlord who fails to 
 23.30  comply with subdivision 3 or 4, paragraph (a) or (b), is liable 
 23.31  to the residential tenant for damages that are double the amount 
 23.32  of the deposit withheld by the landlord plus interest as 
 23.33  provided in subdivision 2. 
 23.34     (b) A landlord who in bad faith retains any portion of a 
 23.35  deposit or interest in violation of this section is liable for 
 23.36  punitive damages not to exceed $200 for each deposit in addition 
 24.1   to the damages provided in paragraph (a).  If the landlord has 
 24.2   failed to comply with subdivision 3 or 4, retention of a deposit 
 24.3   is presumed to be in bad faith unless the landlord returns the 
 24.4   deposit within two weeks after the beginning of an action for 
 24.5   recovery of the deposit.  [504.20, subds. 4 and 7] 
 24.6      Subd. 6.  [WITHHOLDING RENT TO RECOVER DEPOSIT.] (a) A 
 24.7   residential tenant may not withhold payment of all or any 
 24.8   portion of rent for the last payment period of a residential 
 24.9   lease on the grounds that the deposit should serve as payment 
 24.10  for the rent.  This prohibition does not apply to an oral or 
 24.11  written month-to-month lease where neither the renter nor the 
 24.12  landlord has served a notice to quit. 
 24.13     (b) Withholding rent as described in paragraph (a) creates 
 24.14  a rebuttable presumption that the residential tenant withheld 
 24.15  the last payment on the grounds that the deposit should serve as 
 24.16  payment for the rent. 
 24.17     (c) A residential tenant who remains in violation of this 
 24.18  subdivision after written demand and notice of this subdivision 
 24.19  is liable to the landlord for damages in an amount equal to: 
 24.20     (1) the portion of the deposit that the landlord is 
 24.21  entitled to withhold under subdivision 3, other than to remedy 
 24.22  the residential tenant's default in the payment of rent under 
 24.23  subdivision 3, paragraph (b), clause (1), plus interest on the 
 24.24  deposit as provided in subdivision 2, as a penalty; and 
 24.25     (2) the amount of rent withheld by the residential tenant 
 24.26  in violation of this subdivision.  [504.20, subd. 7a] 
 24.27     Subd. 7.  [WHERE TO BRING ACTION TO RECOVER DEPOSIT.] An 
 24.28  action, including an action in conciliation court, for the 
 24.29  recovery of a deposit on rental property may be brought in the 
 24.30  county where the rental property is located, or at the option of 
 24.31  the residential tenant, in the county of the landlord's 
 24.32  residence.  [504.20, subd. 7b] 
 24.33     Subd. 8.  [WAIVER NOT ALLOWED.] Any attempted waiver of 
 24.34  this section by a landlord and residential tenant, by contract 
 24.35  or otherwise, is void and unenforceable.  [504.20, subd. 8] 
 24.36     Subd. 9.  [APPLICABILITY.] (a) This section applies only to 
 25.1   tenancies beginning or renewed on or after July 1, 1973.  
 25.2      (b) For the purposes of this section, tenancies at will are 
 25.3   considered to be renewed at the beginning of each rental 
 25.4   period.  [504.20, subd. 9] 
 25.5      Sec. 27.  [504A.245] [ABANDONMENT OF PERSONAL PROPERTY BY 
 25.6   RESIDENTIAL TENANT.] 
 25.7      Subdivision 1.  [DUTY OF LANDLORD.] (a) If a residential 
 25.8   tenant abandons real property, the landlord may take possession 
 25.9   of the tenant's personal property remaining on the property and 
 25.10  shall store and care for the property.  The landlord has a claim 
 25.11  against the tenant for reasonable costs and expenses incurred in 
 25.12  removing, storing, and caring for the property. 
 25.13     (b) The landlord may sell or otherwise dispose of the 
 25.14  property 60 days after receiving actual notice of the 
 25.15  abandonment of the real property or 60 days after it reasonably 
 25.16  appears to the landlord that the residential tenant has 
 25.17  abandoned the real property, whichever occurs last.  The 
 25.18  landlord may apply a reasonable amount of the proceeds of the 
 25.19  sale to the removal, care, and storage costs and expenses or to 
 25.20  any claims authorized pursuant to section 26, subdivision 3, 
 25.21  paragraphs (a) and (b).  Any remaining proceeds of the sale must 
 25.22  be paid to the tenant upon written demand.  
 25.23     (c) The landlord shall make reasonable efforts to notify 
 25.24  the residential tenant of the sale at least 14 days prior to the 
 25.25  sale by:  
 25.26     (1) personal service in writing or by sending written 
 25.27  notification of the sale by certified mail, return receipt 
 25.28  requested, to the residential tenant's last known address or 
 25.29  usual place of abode, if known by the landlord; and 
 25.30     (2) posting notice of the sale in a conspicuous place on 
 25.31  the property for at least two weeks.  [504.24, subd. 1] 
 25.32     Subd. 2.  [LANDLORD'S LIABILITY FOR DAMAGES ON FAILURE TO 
 25.33  RETURN PROPERTY.] (a) The landlord, an agent, or other person 
 25.34  acting under the landlord's direction or control, who is in 
 25.35  possession of a residential tenant's personal property, must 
 25.36  allow the residential tenant to retake possession of the 
 26.1   property after written demand by the residential tenant or 
 26.2   authorized representative:  
 26.3      (1) within 24 hours; or 
 26.4      (2) within 48 hours, exclusive of weekends and holidays, if 
 26.5   the landlord, an agent, or other person acting under the 
 26.6   landlord's direction or control has removed and stored the 
 26.7   personal property in accordance with subdivision 1 in a location 
 26.8   other than the rental property. 
 26.9      (b) Except as specified in paragraph (c), if the landlord 
 26.10  fails to comply with paragraph (a), the residential tenant shall 
 26.11  recover punitive damages from the landlord not to exceed $300 in 
 26.12  addition to actual damages and reasonable attorney fees.  In 
 26.13  determining the amount of punitive damages, the court shall 
 26.14  consider:  
 26.15     (1) the nature and value of the property; 
 26.16     (2) the effect the deprivation of the property has had on 
 26.17  the residential tenant; 
 26.18     (3) if the landlord, an agent, or other person acting under 
 26.19  the landlord's direction or control unlawfully took possession 
 26.20  of the residential tenant's property; and 
 26.21     (4) if the landlord, an agent, or other person acting under 
 26.22  the landlord's direction or control acted in bad faith in 
 26.23  failing to allow the residential tenant to retake possession of 
 26.24  the property. 
 26.25     (c) Paragraph (b) does not apply to landlords who are 
 26.26  housing authorities created or authorized to be created by 
 26.27  sections 469.001 to 469.047, their agents, and employees. 
 26.28     (d) This subdivision does not apply to personal property 
 26.29  that has been sold or otherwise disposed of by the landlord in 
 26.30  accordance with subdivision 1.  [504.24, subd. 2] 
 26.31     Subd. 3.  [LANDLORD'S LIABILITY FOR STORAGE EXPENSES.] If 
 26.32  the landlord, an agent, or other person acting under the 
 26.33  landlord's direction or control has unlawfully taken possession 
 26.34  of a residential tenant's personal property, the landlord is 
 26.35  responsible for paying the costs and expenses relating to the 
 26.36  removal, storage, or care of the property.  [504.24, subd. 3] 
 27.1      Sec. 28.  [504A.251] [UNLAWFUL REMOVAL OR EXCLUSION.] 
 27.2      (a) A landlord, an agent, or other person acting under the 
 27.3   landlord's direction or control is guilty of a misdemeanor if 
 27.4   that person: 
 27.5      (1) unlawfully and intentionally removes or excludes a 
 27.6   residential tenant; or 
 27.7      (2) intentionally interrupts or causes the interruption of 
 27.8   electrical, heat, gas, or water services to a residential tenant 
 27.9   with intent to unlawfully remove or exclude the tenant from the 
 27.10  tenant's property. 
 27.11     (b) In a trial under this subdivision, it is presumed that 
 27.12  the intent requirement of paragraph (a), clause (2), has been 
 27.13  met if evidence establishes that the landlord, an agent, or 
 27.14  other person acting under the landlord's direction or control, 
 27.15  intentionally interrupted or caused the interruption of the 
 27.16  service to the residential tenant.  The burden is on the 
 27.17  landlord to rebut the presumption. 
 27.18     (c) If a landlord, agent, or other person acting under the 
 27.19  landlord's direction or control, unlawfully and in bad faith, 
 27.20  removes, excludes, or forcibly keeps out a residential tenant 
 27.21  from residential premises, the tenant may recover from the 
 27.22  landlord treble damages or $500, whichever is greater, and 
 27.23  reasonable attorney's fees.  [504.25; 504.255] 
 27.24     Sec. 29.  [504A.253] [UNLAWFUL INTERRUPTION OR TERMINATION 
 27.25  OF UTILITIES.] 
 27.26     (a) A residential tenant may recover from a landlord treble 
 27.27  damages or $500, whichever is greater, and reasonable attorney 
 27.28  fees, if the landlord, an agent, or other person acting under 
 27.29  the landlord's direction or control interrupts or causes the 
 27.30  interruption of electricity, heat, gas, or water services to the 
 27.31  residential tenant.  
 27.32     (b) It is a defense to an action brought under paragraph 
 27.33  (a) that the interruption was the result of the deliberate or 
 27.34  negligent act or omission of a residential tenant or other 
 27.35  person acting under the direction or control of the residential 
 27.36  tenant.  
 28.1      (c) A residential tenant may recover only actual damages 
 28.2   under paragraph (a) if: 
 28.3      (1) the residential tenant has not given the landlord, an 
 28.4   agent, or other person acting under the landlord's direction or 
 28.5   control, notice of the interruption; 
 28.6      (2) after receiving notice of the interruption from the 
 28.7   tenant, the landlord, an agent, or other person acting under the 
 28.8   landlord's direction or control, has reinstated or made a good 
 28.9   faith effort to reinstate the service, or has taken other 
 28.10  remedial action within a reasonable period of time after the 
 28.11  interruption, taking into account: 
 28.12     (i) the nature of the service interrupted; and 
 28.13     (ii) the effect of the interrupted service on the health, 
 28.14  welfare, and safety of the tenants; or 
 28.15     (3) the interruption was for the purpose of repairing or 
 28.16  correcting faulty or defective equipment or protecting the 
 28.17  health and safety of the residential tenants and the landlord, 
 28.18  an agent, or other person acting under the landlord's direction 
 28.19  or control, has reinstated or made a good faith effort to 
 28.20  reinstate the service, or has taken other remedial action, 
 28.21  taking into account:  
 28.22     (i) the nature of the defect; 
 28.23     (ii) the nature of the service interrupted; and 
 28.24     (iii) the effect of the interrupted service on the health, 
 28.25  welfare, and safety of the tenants.  [504.255; 504.26] 
 28.26     Sec. 30.  [504A.255] [RESTRICTION ON EVICTION DUE TO 
 28.27  FAMILIAL STATUS.] 
 28.28     (a) A residential tenant may not be evicted or denied 
 28.29  continuing tenancy or lease renewal on the basis of familial 
 28.30  status as defined in section 363.01, subdivision 19, if the 
 28.31  status began during the tenancy unless:  
 28.32     (1) one year has elapsed from the beginning of the familial 
 28.33  status; and 
 28.34     (2) the landlord has given the tenant six months' prior 
 28.35  notice in writing.  
 28.36     (b) Paragraph (a) does not apply in the case of nonpayment 
 29.1   of rent, damage to the property, disturbance of other tenants, 
 29.2   or other breach of a lease.  [504.265, subds. 1 and 2] 
 29.3      Sec. 31.  [504A.261] [REMEDIES ARE ADDITIONAL.] 
 29.4      The remedies in sections 27 to 30 are in addition to and do 
 29.5   not limit other rights or remedies available to landlords and 
 29.6   residential tenants.  An oral or written provision of a lease or 
 29.7   other agreement, in which a provision of sections 27 to 30 is 
 29.8   waived by a residential tenant, is contrary to public policy and 
 29.9   void.  Sections 27 to 30 also apply to occupants and owners of 
 29.10  residential real property that is the subject of a mortgage 
 29.11  foreclosure or contract for deed cancellation and for which the 
 29.12  period for redemption or reinstatement of the contract has 
 29.13  expired.  [504.27] 
 29.14     Sec. 32.  [504A.265] [TERMINATION OF LEASE UPON DEATH OF 
 29.15  RESIDENTIAL TENANT.] 
 29.16     Subdivision 1.  [TERMINATION OF LEASE.] (a) A party to a 
 29.17  lease of residential property other than a tenancy at will, may 
 29.18  terminate the lease prior to its expiration date on the death of 
 29.19  the residential tenant or, if there is more than one tenant, 
 29.20  upon the death of all tenants.  
 29.21     (b) At least two months' written notice must be given by 
 29.22  the landlord or the personal representative of the residential 
 29.23  tenant's estate, effective on the last day of a calendar month, 
 29.24  and hand delivered or mailed by postage prepaid, first class 
 29.25  United States mail, to the address of the other party.  The 
 29.26  landlord may comply with the notice requirement by delivering or 
 29.27  mailing the notice to the property formerly occupied by the 
 29.28  residential tenant.  
 29.29     (c) The termination of a lease under this subdivision does 
 29.30  not relieve the residential tenant's estate from liability for 
 29.31  payment of rent or other money owed before or during the notice 
 29.32  period, or for the payment of money necessary to restore the 
 29.33  property to its condition at the beginning of the tenancy, 
 29.34  ordinary wear and tear excepted.  [504.28, subds. 1 and 2] 
 29.35     Subd. 2.  [WAIVER NOT ALLOWED.] (a) The following 
 29.36  modifications of subdivision 1 are void and unenforceable: 
 30.1      (1) a waiver by a landlord and residential tenant or 
 30.2   tenant's personal representative, by contract or otherwise, of 
 30.3   the right of termination; and 
 30.4      (2) a lease provision or agreement requiring a longer 
 30.5   notice period. 
 30.6      (b) The landlord and residential tenant or tenant's 
 30.7   personal representative may agree to modify specific provisions 
 30.8   of subdivision 1 other than those prohibited in paragraph (a).  
 30.9   [504.28, subd. 3] 
 30.10     Subd. 3.  [APPLICABILITY.] This section applies to leases 
 30.11  entered into or renewed after May 12, 1981.  [504.28, subd. 4] 
 30.12     Sec. 33.  [504A.271] [TERMINATION NOTICE FOR FEDERALLY 
 30.13  SUBSIDIZED HOUSING.] 
 30.14     A landlord of federally subsidized rental housing must give 
 30.15  residential tenants a one-year written notice under the 
 30.16  following conditions: 
 30.17     (1) a federal section 8 contract will expire; 
 30.18     (2) the landlord will exercise the option to terminate or 
 30.19  not renew a federal section 8 contract and mortgage; 
 30.20     (3) the landlord will prepay a mortgage and the prepayment 
 30.21  will result in the termination of any federal use restrictions 
 30.22  that apply to the housing; or 
 30.23     (4) the landlord will terminate a housing subsidy program. 
 30.24     The notice must be provided at the beginning of the lease 
 30.25  if it begins less than one year before any of the conditions in 
 30.26  clauses (1) to (4) apply.  [504.32] 
 30.27     Sec. 34.  [504A.275] [UNLAWFUL OCCUPATION OR POSSESSION.] 
 30.28     No person may occupy or take possession of real property 
 30.29  except where occupancy or possession is allowed by law, and in 
 30.30  such cases, the person may not enter by force, but only in a 
 30.31  peaceable manner.  [566.01] 
 30.32                        EVICTION PROCEEDINGS
 30.33     Sec. 35.  [504A.290] [WHEN PERMITTED.] 
 30.34     A person may be evicted, removed, or excluded from real 
 30.35  property as described in sections 19, 34, 75, or 76 or when a 
 30.36  person unlawfully occupies or takes possession of real property 
 31.1   or unlawfully retains possession of real property.  [566.02] 
 31.2      Sec. 36.  [504A.301] [SCOPE; COMPLAINT AND SUMMONS.] 
 31.3      Subdivision 1.  [SCOPE.] Sections 36 to 50 govern eviction 
 31.4   proceedings. 
 31.5      Subd. 2.  [COMPLAINT AND SUMMONS.] (a) To bring an action 
 31.6   for eviction, a landlord or person entitled to possession must 
 31.7   file a complaint with the court, stating the full name and date 
 31.8   of birth of the person against whom the complaint is made, 
 31.9   unless it is not known, describing the property, stating the 
 31.10  facts that authorize the action, and asking that the occupant be 
 31.11  evicted.  The lack of the full name and date of birth of the 
 31.12  occupant does not deprive the court of jurisdiction or make the 
 31.13  complaint invalid.  
 31.14     (b) The court shall issue a summons, ordering the occupant 
 31.15  to appear before the court on a day and at a place stated in the 
 31.16  summons.  
 31.17     (c) The appearance must be ordered within seven to 14 days 
 31.18  from the day of issuing the summons. 
 31.19     (d) In scheduling appearances under this section, the court 
 31.20  shall give priority to any eviction brought under section 75 or 
 31.21  on the basis that the tenant is causing a nuisance or seriously 
 31.22  endangers the safety of other residents, their property, or the 
 31.23  landlord's property. 
 31.24     (e) A copy of the complaint must be attached to the 
 31.25  summons, which must state that the copy is attached and that the 
 31.26  original has been filed.  [566.05] 
 31.27     Sec. 37.  [504A.305] [EXPEDITED PROCEEDINGS.] 
 31.28     A landlord may request expedited temporary relief by 
 31.29  bringing an action under section 609.748 or filing a petition 
 31.30  for a temporary restraining order, in conjunction with a 
 31.31  complaint filed under section 36.  [566.051] 
 31.32     Sec. 38.  [504A.311] [SUMMONS; HOW SERVED.] 
 31.33     (a) The summons must be served at least seven days before 
 31.34  the date of the court appearance specified in section 36, 
 31.35  subdivision 2, paragraph (b), in the manner provided for service 
 31.36  of a summons in a civil action in district court.  It may be 
 32.1   served by any person not named a party to the action.  
 32.2      (b) If the defendant cannot be found in the county, the 
 32.3   summons may be served at least seven days before the date of the 
 32.4   court appearance by: 
 32.5      (1) leaving a copy at the defendant's last usual place of 
 32.6   abode with a family member or a person of suitable age and 
 32.7   discretion residing there; or 
 32.8      (2) if the defendant had no place of abode, by leaving a 
 32.9   copy at the property described in the complaint with a person of 
 32.10  suitable age and discretion residing there.  
 32.11     (c) Failure of the sheriff or constable to serve the 
 32.12  defendant is prima facie proof that the defendant cannot be 
 32.13  found in the county.  
 32.14     (d) Where the defendant cannot be found in the county, 
 32.15  service of the summons may be made upon the defendant by posting 
 32.16  the summons in a conspicuous place on the property for not less 
 32.17  than one week if: 
 32.18     (1)(i) the property described in the complaint is 
 32.19  nonresidential and no person actually occupies the property; or 
 32.20     (ii) the property described in the complaint is residential 
 32.21  and service has been attempted at least twice on different days, 
 32.22  with at least one of the attempts having been made between the 
 32.23  hours of 6:00 and 10:00 p.m.; and 
 32.24     (2) the plaintiff or the plaintiff's attorney has filed an 
 32.25  affidavit stating that: 
 32.26     (i) the defendant cannot be found or that the person filing 
 32.27  the affidavit or that person's attorney believes that the 
 32.28  defendant is not in the state; and 
 32.29     (ii) a copy of the summons has been mailed to the defendant 
 32.30  at the defendant's last known address if any is known to the 
 32.31  plaintiff.  
 32.32     (e) If the defendant or the defendant's attorney does not 
 32.33  appear in court on the date of the appearance, the trial shall 
 32.34  proceed.  [566.06] 
 32.35     Sec. 39.  [504A.315] [ANSWER; TRIAL.] 
 32.36     (a) At the court appearance specified in the summons, the 
 33.1   renter may answer the complaint, and the court shall hear and 
 33.2   determine the action, unless it adjourns the trial as provided 
 33.3   in section 40. 
 33.4      (b) Either party may demand a trial by jury. 
 33.5      (c) The proceedings in the action are the same as in other 
 33.6   civil actions, except as provided in sections 36 to 50.  
 33.7      (d) The court, in scheduling appearances and hearings under 
 33.8   this section, shall give priority to any unlawful detainer 
 33.9   brought under section 75, or on the basis that the renter is 
 33.10  causing a nuisance or seriously endangers the safety of other 
 33.11  residents, their property, or the landlord's property. [566.07] 
 33.12     Sec. 40.  [504A.321] [ADJOURNMENT.] 
 33.13     (a) In all actions brought under sections 36 to 50, the 
 33.14  court, in its discretion, may adjourn the trial for no more than 
 33.15  six days unless all parties consent to a longer adjournment. 
 33.16     (b) In all actions brought under sections 36 to 50, other 
 33.17  than actions on a written lease signed by both parties, the 
 33.18  court shall adjourn the trial as necessary but for no more than 
 33.19  three months if the defendant or the defendant's agent or 
 33.20  attorney: 
 33.21     (1) swears that the defendant cannot proceed to trial 
 33.22  because a material witness is not present; 
 33.23     (2) names the witness; 
 33.24     (3) swears that the defendant has made due exertion to 
 33.25  obtain the witness; 
 33.26     (4) states the belief that if the adjournment is allowed 
 33.27  the defendant will be able to procure the attendance of the 
 33.28  witness at the trial or to obtain the witness' deposition; and 
 33.29     (5) gives a bond that the landlord will be paid all rent 
 33.30  that accrues during the pendency of the action and all costs and 
 33.31  damages that accrue due to the adjournment.  [566.08] 
 33.32     Sec. 41.  [504A.325] [ORDER TO VACATE; FINE; EXECUTION.] 
 33.33     Subdivision 1.  [GENERAL.] (a) If the court or jury finds 
 33.34  for the plaintiff, the court shall immediately enter judgment 
 33.35  and execute an order that the defendant must vacate the property 
 33.36  and that costs are assessed against the defendant.  The court 
 34.1   shall stay the order to vacate for a reasonable period, but not 
 34.2   more than seven days, if the defendant shows that immediate 
 34.3   vacation of the property would be a substantial hardship on the 
 34.4   defendant or the defendant's family, except that this provision 
 34.5   does not apply to actions brought: 
 34.6      (1) under section 76 as required by section 609.5317, 
 34.7   subdivision 1; 
 34.8      (2) under section 75; or 
 34.9      (3) on the basis that the tenant is causing a nuisance or 
 34.10  seriously endangers the safety of other residents, their 
 34.11  property, or the landlord's property.  
 34.12     (b) If the court or jury finds for the defendant, the court 
 34.13  shall enter judgment for the defendant assessing costs against 
 34.14  the plaintiff and issue a writ of execution for the costs. 
 34.15     (c) The court shall give priority in issuing an order to 
 34.16  vacate the property in an eviction action brought under section 
 34.17  75 or on the basis that the tenant is causing a nuisance or 
 34.18  seriously endangers the safety of other residents, their 
 34.19  property, or the landlord's property.  [566.09, subd. 1] 
 34.20     Subd. 2.  [EXPEDITED WRIT.] If the court enters judgment 
 34.21  for the landlord in an action brought under section 76 as 
 34.22  required by section 609.5317, subdivision 1, the court may not 
 34.23  stay issuance of the order to vacate unless the court makes 
 34.24  written findings specifying extraordinary and exigent 
 34.25  circumstances.  On issuing those findings, the court may stay 
 34.26  the order for a reasonable period but not more than seven days.  
 34.27  [566.09, subd. 2] 
 34.28     Sec. 42.  [504A.331] [FAILURE OF JURY TO REACH A VERDICT.] 
 34.29     If the jury cannot reach upon a verdict, the court may 
 34.30  discharge the members and issue an order impaneling a new jury.  
 34.31  [566.10] 
 34.32     Sec. 43.  [504A.335] [ORDER TO VACATE; EFFECT OF APPEAL.] 
 34.33     (a) If the defendant or the defendant's attorney against 
 34.34  whom an order to vacate is entered informs the court the 
 34.35  defendant intends to appeal, the court shall not issue an order 
 34.36  to vacate for at least 24 hours after judgment. 
 35.1      (b) Notwithstanding paragraph (a), in an action on a lease 
 35.2   against a renter who retains possession after the expiration of 
 35.3   the term of the lease, or a termination by a notice to quit, an 
 35.4   order to vacate may be issued immediately if the landlord gives 
 35.5   a bond that the landlord will pay all costs and damages if, on 
 35.6   appeal, the order to vacate is reversed and a new trial is 
 35.7   ordered.  [566.11] 
 35.8      Sec. 44.  [504A.341] [APPEAL; STAY.] 
 35.9      (a) Either party may appeal the judgment within ten days as 
 35.10  provided for civil actions in district court except that if the 
 35.11  party appealing remains in possession of the property, that 
 35.12  party must give bond that:  
 35.13     (1) all costs of the appeal will be paid; 
 35.14     (2) the order on appeal will be observed; and 
 35.15     (3) all rent and other damages will be paid to the party 
 35.16  excluded from possession during the pendency of the appeal. 
 35.17     (b) After the appeal is taken, all further proceedings in 
 35.18  the case are stayed, except as provided in section 43, paragraph 
 35.19  (b).  In that case, the appellate court shall issue orders 
 35.20  necessary to carry out its judgment.  [566.12] 
 35.21     Sec. 45.  [504A.345] [APPEAL AFTER ORDER TO VACATE; STAY.] 
 35.22     (a) If an order to vacate has been issued before an appeal 
 35.23  is made, the court shall give the appellant a certificate to 
 35.24  that effect.  When the officer who has the order to vacate is 
 35.25  served with the certificate, the officer shall cease all further 
 35.26  proceedings under it.  If the order has not been completely 
 35.27  executed, the renter shall remain in possession of the property 
 35.28  until the appeal is decided.  
 35.29     (b) This section does not apply to a renter who retains 
 35.30  possession as described in section 43, paragraph (b).  [566.13] 
 35.31     Sec. 46.  [504A.351] [DISMISSAL OF APPEALS; AMENDMENTS; 
 35.32  RETURN.] 
 35.33     In all cases of appeal, the appellate court shall not 
 35.34  dismiss proceedings solely because the requirements of sections 
 35.35  36 to 50 have not been met, as long as the proceedings have been 
 35.36  conducted substantially in accordance with sections 36 to 50.  
 36.1   Amendments may be allowed at any time the court finds justified, 
 36.2   as in other civil cases in district court.  The appellate court 
 36.3   may compel the trial court, by attachment, to make or amend any 
 36.4   return which is withheld or improperly or insufficiently made.  
 36.5   [566.14] 
 36.6                     FORMS; EVICTION PROCEEDINGS
 36.7      Sec. 47.  [504A.401] [FORM OF VERDICT.] 
 36.8      The verdict of the jury or the finding of the court in 
 36.9   favor of the plaintiff in an action under sections 36 to 50 must 
 36.10  be substantially in the following form: 
 36.11     At a court held at ....., on the ..... day of ....., 
 36.12  19....., before ....., a judge in and for the county of ..... in 
 36.13  an action between ....., plaintiff, and ....., defendant, the 
 36.14  jury (or, if the action is tried without a jury, the court) 
 36.15  finds that the facts alleged in the complaint are true, and the 
 36.16  defendant shall vacate the property immediately.  
 36.17     .....................  
 36.18     Judge of .............court. 
 36.19     If the verdict or finding is for the defendant, it is 
 36.20  sufficient to find that the facts alleged in the complaint are 
 36.21  not true.  [566.15] 
 36.22     Sec. 48.  [504A.405] [FORMS OF SUMMONS AND ORDER.] 
 36.23     The summons and order to vacate may be substantially in the 
 36.24  following forms: 
 36.25                         FORM OF SUMMONS 
 36.26   
 36.27    State of Minnesota)  
 36.28                      ) ss.  
 36.29    County of ........)  
 36.30     Whereas, ....., of ....., has filed with the undersigned, a 
 36.31  judge of county stated, a complaint against ....., of ....., 
 36.32  copy attached:  You are hereby summoned to appear before the 
 36.33  undersigned on the ..... day of ....., 19....., at ..... o'clock 
 36.34  .....m., at ....., to answer and defend against the complaint 
 36.35  and to further be dealt with according to law.  
 36.36     Dated at ....., this ..... day of ....., 19.....  
 37.1      ............................., 
 37.2      Judge of ....... court.  
 37.3                      FORM OF ORDER TO VACATE
 37.4    
 37.5     State of Minnesota)  
 37.6                       ) ss.  
 37.7     County of ........)  
 37.8      The State of Minnesota, to the Sheriff or Any Constable of 
 37.9   the County: 
 37.10     Whereas, ....., the plaintiff, of ....., in an action for 
 37.11  an order to vacate, at a court held at ....., in the county of 
 37.12  ..........., on the ..... day of ....., 19....., before ....., a 
 37.13  judge of the county, recovered a judgment against ....., the 
 37.14  defendant, of ....., to have the following property vacated 
 37.15  (describe here the property as in the complaint): 
 37.16     Therefore, you are commanded that, taking with you the 
 37.17  force of the county, if necessary, you cause the defendant to be 
 37.18  immediately removed from the property, and the plaintiff to 
 37.19  recover the property.  You are also commanded that from the 
 37.20  personal property of the defendant within the county that you 
 37.21  seize and sell, the plaintiff be paid ... dollars, as the costs 
 37.22  assessed against the defendant, together with 25 cents for this 
 37.23  order.  You are ordered to return with this order within 30 days.
 37.24     Dated at ....., this ..... day of ....., 19..... 
 37.25     ............................., 
 37.26     Judge of ........ court.  [566.16, subd. 1] 
 37.27     Sec. 49.  [504A.411] [NOTICE OF PRIORITY ORDER.] 
 37.28     The court shall identify an order to vacate property that 
 37.29  is issued pursuant to an eviction action under section 75, or on 
 37.30  the basis that the tenant is causing a nuisance or seriously 
 37.31  endangers the safety of other residents, their property, or the 
 37.32  landlord's property and clearly note on the order to vacate that 
 37.33  it is a priority order.  Notice that it is a priority order must 
 37.34  be made in a manner that is obvious to an officer who must 
 37.35  execute the order under section 50.  [566.16, subd. 2] 
 37.36     Sec. 50.  [504A.415] [EXECUTION OF THE ORDER TO VACATE.] 
 38.1      Subdivision 1.  [GENERAL.] (a) The officer who holds the 
 38.2   order to vacate shall execute it by demanding that the renter, 
 38.3   if found in the county, any adult member of the renter's family 
 38.4   who is occupying the property, or any other person in charge, to 
 38.5   leave, taking family and all personal property from the property 
 38.6   within 24 hours.  
 38.7      (b) If the renter fails to comply with the demand, then the 
 38.8   officer shall bring, if necessary, the force of the county and 
 38.9   any necessary assistance, at the cost of the landlord.  The 
 38.10  officer shall remove the renter, family, and all personal 
 38.11  property from the property and place the landlord in possession. 
 38.12     (c) If the renter cannot be found in the county, and there 
 38.13  is no person in charge of the property, then the officer shall 
 38.14  enter the property, breaking in if necessary, and remove and 
 38.15  store the personal property of the renter at a place designated 
 38.16  by the landlord as provided in subdivision 3. 
 38.17     (d) The order may also be executed by a licensed police 
 38.18  officer or community crime prevention licensed police officer.  
 38.19  [566.17, subd. 1] 
 38.20     Subd. 2.  [PRIORITY; EXECUTION OF PRIORITY ORDER.] An 
 38.21  officer shall give priority to the execution, under this 
 38.22  section, of any order to vacate that is based on an eviction 
 38.23  action under section 75, or on the basis that the renter is 
 38.24  causing a nuisance or seriously endangers the safety of other 
 38.25  residents, their property, or the landlord's property.  [566.17, 
 38.26  subd. 1a] 
 38.27     Subd. 3.  [REMOVAL AND STORAGE OF PROPERTY.] (a) If the 
 38.28  renter's personal property is to be stored in a place other than 
 38.29  the property, the officer shall remove all personal property of 
 38.30  the renter at the expense of the landlord.  
 38.31     (b) The renter must make immediate payment for all expenses 
 38.32  of removing personal property from the property.  If the renter 
 38.33  fails or refuses to do so, the landlord has a lien on all the 
 38.34  personal property for the reasonable costs and expenses incurred 
 38.35  in removing, caring for, storing, and transporting it to a 
 38.36  suitable storage place. 
 39.1      (c) The landlord may enforce the lien by detaining the 
 39.2   personal property until paid.  If no payment has been made for 
 39.3   60 days after the execution of the order to vacate, the landlord 
 39.4   may hold a public sale as provided in sections 514.18 to 514.22. 
 39.5      (d) If the renter's personal property is to be stored on 
 39.6   the property, the officer shall enter the property, breaking in 
 39.7   if necessary, and the landlord may remove the renter's personal 
 39.8   property.  Section 27 applies to personal property removed under 
 39.9   this paragraph.  The landlord must prepare an inventory and mail 
 39.10  a copy of the inventory to the renter's last known address or, 
 39.11  if the renter has provided a different address, to the address 
 39.12  provided.  The inventory must be prepared, signed, and dated in 
 39.13  the presence of the officer and must include the following: 
 39.14     (1) a list of the items of personal property and a 
 39.15  description of its condition; 
 39.16     (2) the date, the signature of the renter or the renter's 
 39.17  agent, and the name and telephone number of a person authorized 
 39.18  to release the personal property; and 
 39.19     (3) the name and badge number of the officer. 
 39.20     (e) The officer must retain a copy of the inventory.  
 39.21     (f) The landlord is responsible for the proper removal, 
 39.22  storage, and care of the renter's personal property and is 
 39.23  liable for damages for loss of or injury to it caused by the 
 39.24  landlord's failure to exercise the same care that a reasonably 
 39.25  careful person would exercise under similar circumstances. 
 39.26     (g) The landlord shall notify the renter of the date and 
 39.27  approximate time the officer is scheduled to remove the renter, 
 39.28  family, and personal property from the property.  The notice 
 39.29  must be sent by first-class mail.  In addition, the landlord 
 39.30  must make a good faith effort to notify the renter by 
 39.31  telephone.  The notice must be mailed as soon as the information 
 39.32  regarding the date and approximate time the officer is scheduled 
 39.33  to enforce the order is known to the landlord, except that the 
 39.34  scheduling of the officer to enforce the order need not be 
 39.35  delayed because of the notice requirement.  The notice must 
 39.36  inform the renter that the renter and the renter's personal 
 40.1   property will be removed from the property if the renter has not 
 40.2   vacated the property by the time specified in the notice.  
 40.3   [566.17, subd. 2] 
 40.4      Subd. 4.  [SECOND AND FOURTH JUDICIAL DISTRICTS.] In the 
 40.5   second and fourth judicial districts, the housing calendar 
 40.6   consolidation project shall retain jurisdiction in matters 
 40.7   relating to removal of personal property under this section.  If 
 40.8   the landlord refuses to return the property after proper demand 
 40.9   is made as provided in section 27, the court shall enter an 
 40.10  order requiring the landlord to return the property to the 
 40.11  renter and awarding reasonable expenses including attorney fees 
 40.12  to the renter.  [566.17, subd. 2a] 
 40.13     Subd. 5.  [PENALTY; WAIVER NOT ALLOWED.] Unless the 
 40.14  property has been abandoned, a landlord, an agent, or other 
 40.15  person acting under the landlord's direction or control who 
 40.16  enters the property and removes the renter's personal property 
 40.17  in violation of this section is guilty of an unlawful eviction 
 40.18  under section 28, paragraph (c), and is subject to penalty under 
 40.19  section 28, paragraph (a).  This section may not be waived or 
 40.20  modified by lease or other agreement.  [566.17, subd. 3] 
 40.21     Sec. 51.  [504A.421] [UNLAWFUL EXCLUSION OR REMOVAL; 
 40.22  RECOVERY OF POSSESSION.] 
 40.23     Subdivision 1.  [UNLAWFUL EXCLUSION OR REMOVAL.] (a) This 
 40.24  section applies to actual or constructive removal or exclusion 
 40.25  of a residential tenant which may include the termination of 
 40.26  utilities or the removal of doors, windows, or locks.  A 
 40.27  residential tenant to whom this section applies may recover 
 40.28  possession of the property as described in paragraphs (b) to (e).
 40.29     (b) The residential tenant shall present a verified 
 40.30  petition to the county or municipal court of the county in which 
 40.31  the property is located that: 
 40.32     (1) describes the property and the landlord; 
 40.33     (2) specifically states the facts and grounds that 
 40.34  demonstrate that the eviction was unlawful, including a 
 40.35  statement that no judgment and order to vacate has been issued 
 40.36  under section 41 in favor of the landlord and against the 
 41.1   residential tenant and executed in accordance with section 50; 
 41.2   and 
 41.3      (3) asks for possession.  
 41.4      (c) If it clearly appears from the specific grounds and 
 41.5   facts stated in the verified petition or by separate affidavit 
 41.6   of the residential tenant or the residential tenant's attorney 
 41.7   or agent that the eviction was unlawful, the court shall 
 41.8   immediately order that the residential tenant have possession of 
 41.9   the property.  
 41.10     (d) The residential tenant shall furnish security, if any, 
 41.11  that the court finds is appropriate under the circumstances for 
 41.12  payment of all costs and damages the landlord may sustain if the 
 41.13  order is subsequently found to have been obtained wrongfully.  
 41.14  In determining the appropriateness of security, the court shall 
 41.15  consider the residential tenant's ability to afford monetary 
 41.16  security.  
 41.17     (e) The court shall direct the order to the sheriff or any 
 41.18  constable of the county in which the property is located and the 
 41.19  sheriff or constable shall execute the order immediately by 
 41.20  making a demand for possession on the landlord, if found, or the 
 41.21  landlord's agent or other person in charge of the property.  If 
 41.22  the landlord fails to comply with the demand, the officer shall 
 41.23  take whatever assistance may be necessary and immediately place 
 41.24  the residential tenant in possession of the property.  If the 
 41.25  landlord, the landlord's agent, or other person in control of 
 41.26  the property cannot be found and if there is no person in 
 41.27  charge, the officer shall immediately enter into and place the 
 41.28  residential tenant in possession of the property.  The officer 
 41.29  shall also serve the order and verified petition or affidavit 
 41.30  immediately upon the landlord or agent, in the same manner as a 
 41.31  summons is required to be served in a civil action in district 
 41.32  court.  [566.175, subd. 1] 
 41.33     Subd. 2.  [MOTION FOR DISSOLUTION OR MODIFICATION OF 
 41.34  ORDER.] The landlord may, by written motion and notice served by 
 41.35  mail or personally on the residential tenant or the residential 
 41.36  tenant's attorney at least two days before the hearing date on 
 42.1   the motion, obtain dissolution or modification of the order for 
 42.2   possession issued under subdivision 1, paragraph (c), unless the 
 42.3   residential tenant proves the facts and grounds on which the 
 42.4   order is issued.  A landlord bringing a motion under this 
 42.5   subdivision may recover possession of the property only in 
 42.6   accordance with sections 19 to 21 and 36 to 50 or otherwise 
 42.7   provided by law.  Upon the dissolution of the order, the court 
 42.8   shall assess costs against the residential tenant, subject to 
 42.9   the provisions of section 563.01, and may allow damages and 
 42.10  reasonable attorney fees for the wrongful granting of the order 
 42.11  for possession.  If the order is affirmed, the court shall tax 
 42.12  costs against the landlord and may allow the residential tenant 
 42.13  reasonable attorney fees.  [566.175, subd. 2] 
 42.14     Subd. 3.  [FINALITY OF ORDER.] An order issued under 
 42.15  subdivision 1, paragraph (c), or affirmed, modified, or 
 42.16  dissolved under subdivision 2, is a final order for purposes of 
 42.17  appeal.  Either party may appeal the order may appeal within ten 
 42.18  days after entry.  If the party appealing remains in possession 
 42.19  of the property, bond must be given to: 
 42.20     (1) pay all costs of the appeal; 
 42.21     (2) obey the court's order; and 
 42.22     (3) pay all rent and other damages that justly accrue to 
 42.23  the party excluded from possession during the pendency of the 
 42.24  appeal.  [566.175, subd. 3] 
 42.25     Subd. 4.  [WAIVER NOT ALLOWED.] A provision of an oral or 
 42.26  written lease or other agreement in which a residential tenant 
 42.27  waives this section is contrary to public policy and void.  
 42.28  [566.175, subd. 4] 
 42.29     Subd. 5.  [PURPOSE.] The purpose of this section is to 
 42.30  provide an additional and summary remedy for residential tenants 
 42.31  unlawfully evicted from rental property and except where 
 42.32  expressly provided in this section, sections 19 to 21 and 38 to 
 42.33  50 do not apply to proceedings under this section.  [566.175, 
 42.34  subd. 5] 
 42.35     Subd. 6.  [APPLICATION.] In addition to residential tenants 
 42.36  and landlords, this section applies to: 
 43.1      (1) occupants and owners of residential real property that 
 43.2   is the subject of a mortgage foreclosure or contract for deed 
 43.3   cancellation for which the period for redemption or 
 43.4   reinstatement of the contract has expired; and 
 43.5      (2) mortgagees and contract for deed vendors.  [566.175, 
 43.6   subd. 6] 
 43.7             RESIDENTIAL TENANT REMEDIES; CODE VIOLATIONS 
 43.8      Sec. 52.  [504A.501] [INSPECTION; NOTICE.] 
 43.9      Subdivision 1.  [WHO MAY REQUEST.] On demand by a 
 43.10  residential tenant, neighborhood organization with the written 
 43.11  permission of a residential tenant or, if a residential building 
 43.12  is unoccupied, by a neighborhood organization, an inspection 
 43.13  shall be made by the local authority charged with enforcing a 
 43.14  code claimed to be violated.  [566.19, subd. 1] 
 43.15     Subd. 2.  [NOTICE.] (a) After the local authority has 
 43.16  inspected the residential building under subdivision 1, the 
 43.17  inspector shall inform the landlord or the landlord's agent and 
 43.18  the complaining residential tenant or neighborhood organization 
 43.19  in writing of any code violations discovered.  
 43.20     (b) A reasonable period of time must be allowed in which to 
 43.21  correct the violations.  [566.19, subd. 2] 
 43.22     Subd. 3.  [WHEN ACTION MAY BE BROUGHT.] (a) After an 
 43.23  inspection has been made, an action may not be brought under 
 43.24  sections 52 to 68 until the time granted under subdivision 2, 
 43.25  paragraph (b), has expired and satisfactory repairs have not 
 43.26  been made.  
 43.27     (b) Notwithstanding paragraph (a), an action may be brought 
 43.28  if the residential tenant, or neighborhood organization with the 
 43.29  written permission of a tenant, alleges the time in subdivision 
 43.30  1, paragraph (b), is excessive.  [566.19, subd. 3] 
 43.31     Subd. 4.  [LANDLORD MUST BE INFORMED.] A landlord must be 
 43.32  informed in writing of an alleged violation at least 14 days 
 43.33  before an action is brought by: 
 43.34     (1) a residential tenant of a residential building in which 
 43.35  a violation as defined in section 1, subdivision 13, clause (2) 
 43.36  or (3), is alleged to exist; or 
 44.1      (2) a neighborhood organization, with the written 
 44.2   permission of a residential tenant of a residential building in 
 44.3   which a violation, as defined in section 1, subdivision 13, 
 44.4   clause (2), is alleged to exist.  
 44.5      The notice requirement may be waived if the court finds 
 44.6   that the landlord cannot be located despite diligent efforts.  
 44.7   [566.19, subd. 4] 
 44.8      Sec. 53.  [504A.505] [SPECIAL PROCEEDING.] 
 44.9      Subdivision 1.  [WHO MAY BRING ACTION.] An action may be 
 44.10  brought in district court by: 
 44.11     (1) a residential tenant of a residential building in which 
 44.12  a violation, as defined in section 1, subdivision 13, is alleged 
 44.13  to exist; 
 44.14     (2) a neighborhood organization with the written permission 
 44.15  of a residential tenant of a residential building in which a 
 44.16  violation, as defined in section 1, subdivision 13, clause (1) 
 44.17  or (2), is alleged to exist; 
 44.18     (3) by a neighborhood organization that has within its 
 44.19  geographical area an unoccupied residential building in which a 
 44.20  violation, as defined in section 1, subdivision 13, clause (1) 
 44.21  or (2), is alleged to exist; or 
 44.22     (4) a state, county, or local department or authority, 
 44.23  charged with the enforcement of codes relating to health, 
 44.24  housing, or building maintenance.  [566.20, subd. 1] 
 44.25     Subd. 2.  [VENUE.] The venue of the action authorized by 
 44.26  this section is the county where the residential building 
 44.27  alleged to contain violations is located.  [566.20, subd. 2] 
 44.28     Subd. 3.  [SUMMONS AND COMPLAINT REQUIRED.] The action must 
 44.29  be begun by service of a complaint and summons.  The summons may 
 44.30  be issued only by a judge or court administrator.  [566.20, subd.
 44.31  3] 
 44.32     Subd. 4.  [CONTENTS OF COMPLAINT.] (a) The complaint must 
 44.33  be verified and must: 
 44.34     (1) allege material facts showing that a violation or 
 44.35  violations exist in the residential building; 
 44.36     (2) state the relief sought; and 
 45.1      (3) list the rent due each month from each dwelling unit 
 45.2   within the residential building, if known.  
 45.3      (b) If the violation is a violation as defined in section 
 45.4   1, subdivision 13, clause (1), the complaint must be accompanied 
 45.5   by: 
 45.6      (1) a copy of the official report of inspection by a 
 45.7   department of health, housing, or buildings, certified by the 
 45.8   custodian of records of that department stating:  
 45.9      (i) when and by whom the residential building concerned was 
 45.10  inspected; 
 45.11     (ii) what code violations were recorded; and 
 45.12     (iii) that notice of the code violations has been given to 
 45.13  the landlord; or 
 45.14     (2) a statement that a request for inspection was made to 
 45.15  the appropriate state, county, or municipal department, that 
 45.16  demand was made on the landlord to correct the alleged code 
 45.17  violation, and that a reasonable period of time has elapsed 
 45.18  since the demand or request was made.  [566.20, subd. 4] 
 45.19     Sec. 54.  [504A.511] [EMERGENCY RELIEF PROCEEDING.] 
 45.20     Subdivision 1.  [PETITION.] A person authorized to bring an 
 45.21  action under section 53, subdivision 1, may petition the court 
 45.22  for relief in cases of emergency involving the loss of running 
 45.23  water, hot water, heat, electricity, sanitary facilities, or 
 45.24  other essential services or facilities that the landlord is 
 45.25  responsible for providing.  [566.205, subd. 1] 
 45.26     Subd. 2.  [VENUE.] The venue of the action authorized by 
 45.27  this section is the county where the residential building 
 45.28  alleged to contain the emergency condition is located.  
 45.29  [566.205, subd. 2] 
 45.30     Subd. 3.  [PETITION INFORMATION.] The petitioner must 
 45.31  present a verified petition to the district court that contains: 
 45.32     (1) a description of the property and the identity of the 
 45.33  landlord; 
 45.34     (2) a statement of the facts and grounds that demonstrate 
 45.35  the existence of an emergency caused by the loss of essential 
 45.36  services or facilities; and 
 46.1      (3) a request for relief.  [566.205, subd. 3] 
 46.2      Subd. 4.  [NOTICE.] The petitioner must attempt to notify 
 46.3   the landlord, at least 24 hours before application to the court, 
 46.4   of the petitioner's intent to seek emergency relief.  An order 
 46.5   may be granted without notice to the landlord if the court finds 
 46.6   that reasonable efforts, as contained in the petition or by 
 46.7   separate affidavit, were made to notify the landlord but that 
 46.8   the efforts were unsuccessful.  [566.205, subd. 4] 
 46.9      Subd. 5.  [RELIEF; SERVICE OF ORDER.] The court may order 
 46.10  relief as provided in section 59.  The petitioner shall serve 
 46.11  the order on the landlord personally or by mail as soon as 
 46.12  practicable.  [566.205, subd. 5] 
 46.13     Subd. 6.  [LIMITATION.] The residential tenant remedy under 
 46.14  this section does not extend to emergencies that are the result 
 46.15  of the deliberate or negligent act or omission of a residential 
 46.16  tenant or anyone acting under the direction or control of the 
 46.17  residential tenant.  [566.205, subd. 6] 
 46.18     Subd. 7.  [EFFECT OF OTHER LAWS.] Section 52 does not apply 
 46.19  to a petition for emergency relief under this section.  
 46.20  [566.205, subd. 7] 
 46.21     Sec. 55.  [504A.515] [SUMMONS.] 
 46.22     Subdivision 1.  [CONTENTS.] (a) On receipt of the complaint 
 46.23  in section 53, the court administrator shall prepare a summons.  
 46.24  The summons shall: 
 46.25     (1) specify the time and place of the hearing to be held on 
 46.26  the complaint; and 
 46.27     (2) state that if at the time of the hearing a defense is 
 46.28  not interposed and established by the landlord, judgment may be 
 46.29  entered for the relief requested and authorized by sections 52 
 46.30  to 68. 
 46.31     (b) The hearing must be scheduled within five to ten days 
 46.32  after receipt of the complaint by the court administrator.  
 46.33  [566.21, subd. 1] 
 46.34     Subd. 2.  [SERVICE.] The summons and complaint must be 
 46.35  served upon the landlord or the landlord's agent within five to 
 46.36  ten days before the hearing.  Service shall be by personal 
 47.1   service upon the defendant pursuant to the Minnesota Rules of 
 47.2   Civil Procedure.  If service cannot be made with due diligence, 
 47.3   service may be made by affixing a copy of the summons and 
 47.4   complaint prominently to the residential building involved, and 
 47.5   mailing at the same time a copy of the summons and complaint by 
 47.6   certified mail to the last known address of the landlord.  
 47.7   [566.21, subd. 2] 
 47.8      Sec. 56.  [504A.521] [ANSWER.] 
 47.9      At or before the time of the hearing, the landlord may 
 47.10  answer in writing.  Defenses that are not contained in a written 
 47.11  answer must be orally pleaded at the hearing before any 
 47.12  testimony is taken.  No delays in the date of hearing may be 
 47.13  granted to allow time to prepare a written answer or reply 
 47.14  except with the consent of all parties.  [566.22] 
 47.15     Sec. 57.  [504A.525] [DEFENSES.] 
 47.16     It is a sufficient defense to a complaint under section 53 
 47.17  or 69 that: 
 47.18     (1) the violation or violations alleged in the complaint do 
 47.19  not exist or that the violation or violations have been removed 
 47.20  or remedied; 
 47.21     (2) the violations have been caused by the willful, 
 47.22  malicious, negligent, or irresponsible conduct of a complaining 
 47.23  residential tenant or anyone under the tenant's direction or 
 47.24  control; or 
 47.25     (3) a residential tenant of the residential building has 
 47.26  unreasonably refused entry to the landlord or the landlord's 
 47.27  agent to a portion of the property for the purpose of correcting 
 47.28  the violation, and that the effort to correct was made in good 
 47.29  faith.  [566.23] 
 47.30     Sec. 58.  [504A.531] [HEARING.] 
 47.31     If issues of fact are raised, they must be tried by the 
 47.32  court without a jury.  The court may grant a postponement of the 
 47.33  trial on its own motion or at the request of a party if it 
 47.34  determines that postponements are necessary to enable a party to 
 47.35  procure necessary witnesses or evidence.  A postponement must be 
 47.36  for no more than ten days except by consent of all appearing 
 48.1   parties.  [566.24] 
 48.2      Sec. 59.  [504A.535] [JUDGMENT.] 
 48.3      (a) If the court finds that the complaint in section 53 has 
 48.4   been proved, it may, in its discretion, take any of the actions 
 48.5   described in paragraphs (b) to (g), either alone or in 
 48.6   combination. 
 48.7      (b) It may order the landlord to remedy the violation or 
 48.8   violations found by the court to exist if the court is satisfied 
 48.9   that corrective action will be undertaken promptly.  
 48.10     (c) It may order the residential tenant to remedy the 
 48.11  violation or violations found by the court to exist and deduct 
 48.12  the cost from the rent subject to the terms as the court 
 48.13  determines to be just. 
 48.14     (d) It may appoint an administrator with powers described 
 48.15  in section 63, and direct that: 
 48.16     (1) the following rents due shall be deposited with the 
 48.17  administrator appointed by the court: 
 48.18     (i) rents on and from the day of entry of judgment, in the 
 48.19  case of petitioning residential tenants or neighborhood 
 48.20  organizations; and 
 48.21     (ii) rents on and from the day of service of the judgment 
 48.22  on all other residential and commercial tenants of the 
 48.23  residential building, if any; and 
 48.24     (2) the administrator use the rents collected to remedy the 
 48.25  violations found to exist by the court by paying the debt 
 48.26  service, taxes, and insurance, and providing the services 
 48.27  necessary to the ordinary operation and maintenance of the 
 48.28  residential building which the landlord is obligated to provide 
 48.29  but fails or refuses to provide.  
 48.30     (e) It may find the extent to which any uncorrected 
 48.31  violations impair the residential tenants' use and enjoyment of 
 48.32  the property contracted for and order the rent abated 
 48.33  accordingly.  If the court enters judgment under this paragraph, 
 48.34  the parties shall be informed and the court shall determine the 
 48.35  amount by which the rent is to be abated.  
 48.36     (f) It may, after termination of administration, continue 
 49.1   the jurisdiction of the court over the residential building for 
 49.2   a period of one year and order the landlord to maintain the 
 49.3   residential building in compliance with all applicable state, 
 49.4   county, and city health, safety, housing, building, fire 
 49.5   prevention, and housing maintenance codes.  
 49.6      (g) It may grant any other relief it finds just and proper, 
 49.7   including a judgment against the landlord for reasonable 
 49.8   attorney fees, not to exceed $500, in the case of a prevailing 
 49.9   residential tenant or neighborhood organization.  The $500 
 49.10  limitation does not apply to awards made under section 549.21 or 
 49.11  other specific statutory authority.  [566.25] 
 49.12     Sec. 60.  [504A.541] [SERVICE OF JUDGMENT.] 
 49.13     A copy of the judgment must be personally served on every 
 49.14  residential and commercial tenant of the residential building 
 49.15  whose obligations will be affected by the judgment.  If, with 
 49.16  due diligence, personal service cannot be made, service may be 
 49.17  made by posting a notice of the judgment on the entrance door of 
 49.18  the residential tenant's dwelling or commercial tenant's unit 
 49.19  and by mailing a copy of the judgment to the residential tenant 
 49.20  or commercial tenant by certified mail.  [566.26] 
 49.21     Sec. 61.  [504A.545] [LANDLORD'S RIGHT TO COLLECT RENT 
 49.22  SUSPENDED.] 
 49.23     If an administrator has been appointed pursuant to section 
 49.24  58, paragraph (d), the landlord is not entitled to collect rent 
 49.25  from the time of judgment or service of judgment until the 
 49.26  administration is terminated.  [566.27] 
 49.27     Sec. 62.  [504A.551] [RESIDENTIAL TENANT MAY NOT BE 
 49.28  PENALIZED FOR COMPLAINT.] 
 49.29     A residential tenant may not be evicted, nor may the 
 49.30  residential tenant's obligations under a lease be increased or 
 49.31  the services decreased, if the eviction or increase of 
 49.32  obligations or decrease of services is intended as a penalty for 
 49.33  the residential tenant's or neighborhood organization's 
 49.34  complaint of a violation.  The burden of proving otherwise is on 
 49.35  the landlord if the eviction or increase of obligations or 
 49.36  decrease of services occurs within 90 days after filing the 
 50.1   complaint, unless the court finds that the complaint was not 
 50.2   made in good faith.  After 90 days the burden of proof is on the 
 50.3   residential tenant.  [566.28] 
 50.4      Sec. 63.  [504A.555] [ADMINISTRATOR.] 
 50.5      Subdivision 1.  [APPOINTMENT.] The administrator may be a 
 50.6   person, local government unit or agency, other than a landlord 
 50.7   of the building, the inspector, the complaining residential 
 50.8   tenant, or a person living in the complaining residential 
 50.9   tenant's dwelling unit.  If a state or court agency is 
 50.10  authorized by statute, ordinance, or regulation to provide 
 50.11  persons or neighborhood organizations to act as administrators 
 50.12  under this section, the court may appoint them to the extent 
 50.13  they are available.  [566.29, subd. 1] 
 50.14     Subd. 2.  [POSTING BOND.] A person or neighborhood 
 50.15  organization appointed as administrator shall post bond to the 
 50.16  extent of the rents expected by the court to be necessary to be 
 50.17  collected to correct the violation or violations.  
 50.18  Administrators appointed from governmental agencies need not 
 50.19  give bond.  [566.29, subd. 2] 
 50.20     Subd. 3.  [EXPENSES.] The court may allow a reasonable 
 50.21  amount for the services of administrators and the expense of the 
 50.22  administration from rent money.  When the administration 
 50.23  terminates, the court may enter judgment against the landlord in 
 50.24  a reasonable amount for the services and expenses incurred by 
 50.25  the administrator.  [566.29, subd. 3] 
 50.26     Subd. 4.  [POWERS.] The administrator may: 
 50.27     (1) collect rents from residential and commercial tenants, 
 50.28  evict residential and commercial tenants for nonpayment of rent 
 50.29  or other cause, enter into leases for vacant dwelling units, 
 50.30  rent vacant commercial units with the consent of the landlord, 
 50.31  and exercise other powers necessary and appropriate to carry out 
 50.32  the purposes of sections 52 to 68; 
 50.33     (2) contract for the reasonable cost of materials, labor, 
 50.34  and services necessary to remedy the violation or violations 
 50.35  found by the court to exist and for the rehabilitation of the 
 50.36  property to maintain safe and habitable conditions over the 
 51.1   useful life of the property, and may disburse money for these 
 51.2   purposes from funds available for the purpose; 
 51.3      (3) provide services to the residential tenants that the 
 51.4   landlord is obligated to provide but refuses or fails to 
 51.5   provide, and may pay for them from funds available for the 
 51.6   purpose; 
 51.7      (4) petition the court, after notice to the parties, for an 
 51.8   order allowing the administrator to encumber the property to 
 51.9   secure funds to the extent necessary to cover the costs 
 51.10  described in clause (2), including reasonable fees for the 
 51.11  administrator's services, and to pay for the costs from funds 
 51.12  derived from the encumbrance; and 
 51.13     (5) petition the court, after notice to the parties, for an 
 51.14  order allowing the administrator to receive funds made available 
 51.15  for this purpose by the federal or state governing body or the 
 51.16  municipality to the extent necessary to cover the costs 
 51.17  described in clause (2) and pay for them from funds derived from 
 51.18  this source.  
 51.19     The municipality shall recover disbursements under clause 
 51.20  (5) by special assessment on the real estate affected, bearing 
 51.21  interest at the rate determined by the municipality, but not to 
 51.22  exceed the rate established for finance charges for open-end 
 51.23  credit sales under section 334.16, subdivision 1, clause (b).  
 51.24  The assessment, interest, and any penalties shall be collected 
 51.25  as are special assessments made for other purposes under state 
 51.26  statute or municipal charter.  [566.29, subd. 4] 
 51.27     Subd. 5.  [TERMINATION OF ADMINISTRATION.] At any time 
 51.28  during the administration, the administrator or any party may 
 51.29  petition the court after notice to all parties for an order 
 51.30  terminating the administration on the ground that the funds 
 51.31  available to the administrator are insufficient to effect the 
 51.32  prompt remedy of the violations.  When the court finds that the 
 51.33  petition is proved, the court shall terminate the administration 
 51.34  and proceed to judgment under section 59, paragraph (e).  
 51.35  [566.29, subd. 5] 
 51.36     Subd. 6.  [RESIDENTIAL BUILDING REPAIRS AND SERVICES.] The 
 52.1   administrator must first contract and pay for residential 
 52.2   building repairs and services necessary to keep the residential 
 52.3   building habitable before other expenses may be paid.  If 
 52.4   sufficient funds are not available for paying other expenses, 
 52.5   such as tax and mortgage payments, after paying for necessary 
 52.6   repairs and services, the landlord is responsible for the other 
 52.7   expenses.  [566.29, subd. 6] 
 52.8      Subd. 7.  [ADMINISTRATOR'S LIABILITY.] The administrator 
 52.9   may not be held personally liable in the performance of duties 
 52.10  under this section except for misfeasance, malfeasance, or 
 52.11  nonfeasance of office.  [566.29, subd. 7] 
 52.12     Subd. 8.  [DWELLING'S ECONOMIC VIABILITY.] In considering 
 52.13  whether to grant the administrator funds under subdivision 4, 
 52.14  the court must consider: 
 52.15     (1) the long-term economic viability of the dwelling; 
 52.16     (2) the causes leading to the appointment of an 
 52.17  administrator; 
 52.18     (3) the repairs necessary to bring the property into code 
 52.19  compliance; 
 52.20     (4) the market value of the property; and 
 52.21     (5) whether present and future rents will be sufficient to 
 52.22  cover the cost of repairs or rehabilitation.  [566.29, subd. 8] 
 52.23     Sec. 64.  [504A.561] [RECEIVERSHIP REVOLVING LOAN FUND.] 
 52.24     The Minnesota housing finance agency may establish a 
 52.25  revolving loan fund to pay the administrative expenses of 
 52.26  receivership administrators under section 63 for properties for 
 52.27  occupancy by low- and moderate-income persons or families.  
 52.28  Landlords must repay administrative expense payments made from 
 52.29  the fund.  [566.291] 
 52.30     Sec. 65.  [504A.565] [REMOVAL OF ADMINISTRATOR.] 
 52.31     Subdivision 1.  [PETITION BY ADMINISTRATOR.] The 
 52.32  administrator may, after notice to all parties, petition the 
 52.33  court to be relieved of duties, including in the petition the 
 52.34  reasons for it.  The court may, in its discretion, grant the 
 52.35  petition and discharge the administrator after approval of the 
 52.36  accounts.  [566.30, subd. 1] 
 53.1      Subd. 2.  [PETITION BY A PARTY.] A party may, after notice 
 53.2   to the administrator and all other parties, petition the court 
 53.3   to remove the administrator.  If the party shows good cause, the 
 53.4   court shall order the administrator removed and direct the 
 53.5   administrator to immediately deliver to the court an accounting 
 53.6   of administration.  The court may make any other order necessary 
 53.7   and appropriate under the circumstances.  [566.30, subd. 2] 
 53.8      Subd. 3.  [APPOINTMENT OF NEW ADMINISTRATOR.] If the 
 53.9   administrator is removed, the court shall appoint a new 
 53.10  administrator in accordance with section 63, giving all parties 
 53.11  an opportunity to be heard.  [566.30, subd. 3] 
 53.12     Sec. 66.  [504A.571] [TERMINATION OF ADMINISTRATION.] 
 53.13     Subdivision 1.  [EVENTS OF TERMINATION.] The administration 
 53.14  shall be terminated after one of the following: 
 53.15     (1) certification is secured from the appropriate 
 53.16  governmental agency that the violations found by the court to 
 53.17  exist at the time of judgment have been remedied; or 
 53.18     (2) an order pursuant to section 63, subdivision 5.  
 53.19  [566.31, subd. 1] 
 53.20     Subd. 2.  [ACCOUNTING BY ADMINISTRATOR.] After the 
 53.21  occurrence of one of the conditions in subdivision 1, the 
 53.22  administrator shall: 
 53.23     (1) submit to the court an accounting of receipts and 
 53.24  disbursements of the administration together with copies of all 
 53.25  bills, receipts and other memoranda pertaining to the 
 53.26  administrator, and, where appropriate, a certification by an 
 53.27  appropriate governmental agency that the violations found by the 
 53.28  court to exist at the time of judgment have been remedied; and 
 53.29     (2) comply with any other order the court makes as a 
 53.30  condition of discharge.  [566.31, subd. 2] 
 53.31     Subd. 3.  [DISCHARGE OF ADMINISTRATOR.] After approval by 
 53.32  the court of the administrator's accounts and compliance by the 
 53.33  administrator with any other order the court may make as a 
 53.34  condition of discharge, the court shall discharge the 
 53.35  administrator from any further responsibilities pursuant to 
 53.36  sections 52 to 68.  [566.31, subd. 3] 
 54.1      Sec. 67.  [504A.575] [WAIVER NOT ALLOWED.] 
 54.2      A provision of a lease or other agreement in which a 
 54.3   provision of sections 52 to 68 is waived by a residential tenant 
 54.4   is contrary to public policy and void.  [566.32] 
 54.5      Sec. 68.  [504A.581] [PURPOSE TO PROVIDE ADDITIONAL 
 54.6   REMEDIES.] 
 54.7      The purpose of sections 52 to 68 is to provide additional 
 54.8   remedies and nothing contained in those sections alters the 
 54.9   ultimate financial liability of the landlord or residential 
 54.10  tenant for repairs or maintenance of the building.  [566.33] 
 54.11     Sec. 69.  [504A.585] [ESCROW OF RENT TO REMEDY VIOLATIONS.] 
 54.12     Subdivision 1.  [ESCROW OF RENT.] (a) If a violation exists 
 54.13  in a residential building, a residential tenant may deposit the 
 54.14  amount of rent due to the landlord with the court administrator 
 54.15  using the procedures described in paragraphs (b) to (d).  
 54.16     (b) For a violation as defined in section 1, subdivision 
 54.17  13, clause (1), the residential tenant may deposit with the 
 54.18  court administrator the rent due to the landlord along with a 
 54.19  copy of the written notice of the code violation as provided in 
 54.20  section 52, subdivision 2.  The residential tenant may not 
 54.21  deposit the rent or file the written notice of the code 
 54.22  violation until the time granted to make repairs has expired 
 54.23  without satisfactory repairs being made, unless the residential 
 54.24  tenant alleges that the time granted is excessive. 
 54.25     (c) For a violation as defined in section 1, subdivision 
 54.26  13, clause (2) or (3), the residential tenant must give written 
 54.27  notice to the landlord specifying the violation.  The notice 
 54.28  must be delivered personally or sent to the person or place 
 54.29  where rent is normally paid.  If the violation is not corrected 
 54.30  within 14 days, the residential tenant may deposit the amount of 
 54.31  rent due to the landlord with the court administrator along with 
 54.32  an affidavit specifying the violation.  The court must provide a 
 54.33  simplified form affidavit for use under this paragraph. 
 54.34     (d) The residential tenant need not deposit rent if none is 
 54.35  due to the landlord at the time the residential tenant files the 
 54.36  notice required by paragraph (b) or (c).  All rent which becomes 
 55.1   due to the landlord after that time but before the hearing under 
 55.2   subdivision 6 must be deposited with the court administrator.  
 55.3   As long as proceedings are pending under this section, the 
 55.4   residential tenant must pay rent to the landlord or as directed 
 55.5   by the court and may not withhold rent to remedy a violation.  
 55.6   [566.34, subds. 1,2] 
 55.7      Subd. 2.  [COUNTERCLAIM FOR POSSESSION.] (a) The landlord 
 55.8   may file a counterclaim for possession of the property in cases 
 55.9   where the landlord alleges that the residential tenant did not 
 55.10  deposit the full amount of rent with the court administrator.  
 55.11     (b) The court must set the date for a hearing on the 
 55.12  counterclaim within seven to 14 days from the day of filing the 
 55.13  counterclaim.  If the rent escrow hearing and the hearing on the 
 55.14  counterclaim for possession cannot be heard on the same day, the 
 55.15  matters must be consolidated and heard on the date scheduled for 
 55.16  the hearing on the counterclaim.  
 55.17     (c) The contents of the counterclaim for possession must 
 55.18  meet the requirements for a complaint under section 36.  
 55.19     (d) The landlord must serve the counterclaim as provided in 
 55.20  section 38, except that the affidavits of service or mailing may 
 55.21  be brought to the hearing rather than filed with the court 
 55.22  before the hearing.  
 55.23     (e) The court must provide a simplified form for use under 
 55.24  this section.  [566.34, subd. 3] 
 55.25     Subd. 3.  [DEFENSES.] The defenses provided in section 57 
 55.26  are defenses to an action brought under this section.  [566.34, 
 55.27  subd. 4] 
 55.28     Subd. 4.  [FILING FEE.] The court administrator may charge 
 55.29  a filing fee in the amount set for complaints and counterclaims 
 55.30  in conciliation court, subject to the filing of an inability to 
 55.31  pay affidavit.  [566.34, subd. 5] 
 55.32     Subd. 5.  [NOTICE OF HEARING.] (a) A hearing must be held 
 55.33  within ten to 14 days from the day a residential tenant deposits 
 55.34  rent with the court administrator.  
 55.35     (b) If the cost of remedying the violation, as estimated by 
 55.36  the residential tenant, is within the jurisdictional limit for 
 56.1   conciliation court, the court administrator shall notify the 
 56.2   landlord and the residential tenant of the time and place of the 
 56.3   hearing by first class mail. 
 56.4      (c) The residential tenant must provide the court 
 56.5   administrator with the landlord's name and address.  If the 
 56.6   landlord has disclosed a post office box as the landlord's 
 56.7   address under section 12, notice of the hearing may be mailed to 
 56.8   the post office box.  
 56.9      (d) If the cost of remedying the violation, as estimated by 
 56.10  the tenant, is above the jurisdictional limit for conciliation 
 56.11  court, the tenant must serve the notice of hearing according to 
 56.12  the Minnesota Rules of Civil Procedure. 
 56.13     (e) The notice of hearing must specify the amount the 
 56.14  residential tenant has deposited with the court administrator, 
 56.15  and must inform the landlord that possession of the property 
 56.16  will not be in issue at the hearing unless the landlord files a 
 56.17  counterclaim for possession or an action under sections 19 to 21 
 56.18  and 36 to 50. [566.34, subd. 6] 
 56.19     Subd. 6.  [HEARING.] The hearing shall be conducted by a 
 56.20  court without a jury.  A certified copy of an inspection report 
 56.21  meets the requirements of rule 803(8) of the Minnesota Rules of 
 56.22  Evidence as an exception to the rule against hearsay, and meets 
 56.23  the requirements of rules 901 and 902 of the Minnesota Rules of 
 56.24  Evidence as to authentication.  [566.34, subd. 7] 
 56.25     Subd. 7.  [RELEASE OF RENT PRIOR TO HEARING.] If the 
 56.26  residential tenant gives written notice to the court 
 56.27  administrator that the violation has been remedied, the court 
 56.28  administrator must release the rent to the landlord and, unless 
 56.29  the hearing has been consolidated with another action, must 
 56.30  cancel the hearing.  If the residential tenant and the landlord 
 56.31  enter into a written agreement signed by both parties 
 56.32  apportioning the rent between them, the court administrator must 
 56.33  release the rent in accordance with the written agreement and 
 56.34  cancel the hearing.  [566.34, subd. 8] 
 56.35     Subd. 8.  [CONSOLIDATION WITH EVICTION.] Actions under this 
 56.36  section and actions for eviction brought under sections 19 to 
 57.1   21, 36 to 50, or section 76 which involve the same parties must 
 57.2   be consolidated and heard on the date scheduled for the 
 57.3   eviction.  [566.34, subd. 9] 
 57.4      Subd. 9.  [JUDGMENT.] (a) Upon finding that a violation 
 57.5   exists, the court may, in its discretion, do any or all of the 
 57.6   following: 
 57.7      (1) order relief as provided in section 59, including 
 57.8   retroactive rent abatement; 
 57.9      (2) order that all or a portion of the rent in escrow be 
 57.10  released for the purpose of remedying the violation; 
 57.11     (3) order that rent be deposited with the court as it 
 57.12  becomes due to the landlord or abate future rent until the 
 57.13  landlord remedies the violation; or 
 57.14     (4) impose fines as required in section 70.  
 57.15     (b) When a proceeding under this section has been 
 57.16  consolidated with a counterclaim for possession or an action for 
 57.17  eviction under sections 19 to 21, 36 to 50, or section 76, and 
 57.18  the landlord prevails, the residential tenant may redeem the 
 57.19  tenancy as provided in section 18. 
 57.20     (c) When a proceeding under this section has been 
 57.21  consolidated with a counterclaim for possession or an action for 
 57.22  eviction under sections 19 to 21, 36 to 50, or section 76 on the 
 57.23  grounds of nonpayment, the court may not require the residential 
 57.24  tenant to pay the landlord's filing fee as a condition of 
 57.25  retaining possession of the property when the residential tenant 
 57.26  has deposited with the court the full amount of money found by 
 57.27  the court to be owed to the landlord.  [566.34, subd. 10] 
 57.28     Subd. 10.  [RELEASE OF RENT AFTER HEARING.] If the court 
 57.29  finds, after a hearing on the matter has been held, that no 
 57.30  violation exists in the building or that the residential tenant 
 57.31  did not deposit the full amount of rent due with the court 
 57.32  administrator, it shall order the immediate release of the rent 
 57.33  to the landlord.  If the court finds that a violation existed, 
 57.34  but was remedied between the commencement of the action and the 
 57.35  hearing, it may order rent abatement and must release the rent 
 57.36  to the parties accordingly.  Any rent found to be owed to the 
 58.1   residential tenant must be released to the tenant.  [566.34, 
 58.2   subd. 11] 
 58.3      Subd. 11.  [RETALIATION; WAIVER NOT ALLOWED.] Section 62 
 58.4   applies to proceedings under this section.  The residential 
 58.5   tenant rights under this section may not be waived or modified 
 58.6   and are in addition to and do not limit other rights or remedies 
 58.7   which may be available to the residential tenant and landlord, 
 58.8   except as provided in subdivision 1.  [566.34, subd. 12] 
 58.9      Sec. 70.  [504A.591] [VIOLATIONS OF BUILDING REPAIR 
 58.10  ORDERS.] 
 58.11     Subdivision 1.  [NONCOMPLIANCE; FINES.] After finding a 
 58.12  landlord has willfully failed to comply with a court order to 
 58.13  remedy a violation, the court shall fine the landlord according 
 58.14  to the following schedule:  
 58.15     (1) $250 for the first failure to comply; 
 58.16     (2) $500 for the second failure to comply with an order 
 58.17  regarding the same violation; and 
 58.18     (3) $750 for the third and each subsequent failure to 
 58.19  comply with an order regarding the same violation.  [566.35, 
 58.20  subd. 1] 
 58.21     Subd. 2.  [CRIMINAL PENALTY.] A landlord who willfully 
 58.22  fails to comply with a court order to remedy a violation is 
 58.23  guilty of a gross misdemeanor if it is the third or subsequent 
 58.24  time that the landlord has willfully failed to comply with an 
 58.25  order to remedy a violation within a three-year period.  
 58.26  [566.35, subd. 2] 
 58.27     Sec. 71.  [504A.595] [CODE VIOLATIONS, DISCLOSURE.] 
 58.28     (a) A state, county, or city agency charged by the 
 58.29  governing body of the appropriate political subdivision with 
 58.30  responsibility for enforcing a state, county, or city health, 
 58.31  housing, building, fire prevention, or housing maintenance code 
 58.32  shall make available to the persons described in paragraph (b) 
 58.33  code violation records that pertain to a particular parcel of 
 58.34  real property and the buildings, improvements, and dwelling 
 58.35  units located on it.  The records must be made available at 
 58.36  reasonable times, and upon reasonable notice to the custodian of 
 59.1   the records, for inspection, examination, abstracting, or 
 59.2   copying at the expense of the person obtaining the information.  
 59.3      (b) The persons to whom the records shall be available 
 59.4   under this section include, but are not limited to, the 
 59.5   following persons and their representatives: 
 59.6      (1) a person having any legal or beneficial interest in the 
 59.7   property, including a renter; 
 59.8      (2) a person considering in good faith the lease or 
 59.9   purchase of the property; 
 59.10     (3) a person authorized to request an inspection under 
 59.11  section 52; and 
 59.12     (4) a party to any action related to the property, 
 59.13  including actions brought under sections 6 and 52 to 68.  
 59.14  [504.23] 
 59.15                           TENANT REPORTS 
 59.16     Sec. 72.  [504A.601] [DEFINITIONS.] 
 59.17     Subdivision 1.  [APPLICABILITY.] The definitions in this 
 59.18  section apply to sections 72 to 74.  [504.29, subd. 1] 
 59.19     Subd. 2.  [PROPER IDENTIFICATION.] "Proper identification" 
 59.20  means information generally considered sufficient to identify a 
 59.21  person, including a Minnesota driver's license, a Minnesota 
 59.22  identification card, other forms of identification provided by a 
 59.23  unit of government, a notarized statement of identity with a 
 59.24  specimen signature of the person, or other reasonable form of 
 59.25  identification.  [504.29, subd. 2a] 
 59.26     Subd. 3.  [RESIDENTIAL TENANT REPORT.] "Residential tenant 
 59.27  report" means a written, oral, or other communication by a 
 59.28  residential tenant screening service that includes information 
 59.29  concerning an individual's credit worthiness, credit standing, 
 59.30  credit capacity, character, general reputation, personal 
 59.31  characteristics, or mode of living, that is collected, used, or 
 59.32  expected to be used for the purpose of making decisions relating 
 59.33  to residential tenancies or residential tenancy applications.  
 59.34  [504.29, subd. 4] 
 59.35     Subd. 4.  [RESIDENTIAL TENANT SCREENING 
 59.36  SERVICE.] "Residential tenant screening service" means a person 
 60.1   or business regularly engaged in the practice of gathering, 
 60.2   storing, or disseminating information about residential tenants 
 60.3   or assembling residential tenant reports for monetary fees, 
 60.4   dues, or on a cooperative nonprofit basis.  [504.29, subd. 5] 
 60.5      Sec. 73.  [504A.605] [RESIDENTIAL TENANT REPORTS; 
 60.6   DISCLOSURE AND CORRECTIONS.] 
 60.7      Subdivision 1.  [DISCLOSURES REQUIRED.] (a) On request and 
 60.8   proper identification, a residential tenant screening service 
 60.9   must disclose the following information to an individual: 
 60.10     (1) the nature and substance of all information in its 
 60.11  files on the individual at the time of the request; and 
 60.12     (2) the sources of the information. 
 60.13     (b) A residential tenant screening service must make the 
 60.14  disclosures to an individual without charge if information in a 
 60.15  residential tenant report has been used within the 30 days 
 60.16  before the request to deny the rental to the individual or 
 60.17  increase the security deposit or rent of a residential housing 
 60.18  unit to the individual.  
 60.19     (c) If the residential tenant report has not been used to 
 60.20  deny the rental or increase the rent or security deposit of a 
 60.21  residential housing unit within the past 30 days, the 
 60.22  residential tenant screening service may impose a reasonable 
 60.23  charge for making the disclosure.  The residential tenant 
 60.24  screening service must notify the residential tenant of the 
 60.25  amount of the charge before furnishing the information.  The 
 60.26  charge may not exceed the amount that the residential tenant 
 60.27  screening service would impose on each designated recipient of a 
 60.28  residential tenant report, except that no charge may be made for 
 60.29  notifying persons of the deletion of information which is found 
 60.30  to be inaccurate or which can no longer be verified.  
 60.31     (d) Files maintained on a residential tenant must be 
 60.32  disclosed promptly as established in clauses (1) to (4). 
 60.33     (1) A tenant file must be disclosed in person, during 
 60.34  normal business hours, at the location where the tenant 
 60.35  screening service maintains its files, if the tenant appears in 
 60.36  person and furnishes proper identification at that time. 
 61.1      (2) A tenant file must be disclosed by mail, if the tenant 
 61.2   makes a written request with proper identification for a copy of 
 61.3   the information contained in the tenant report and requests that 
 61.4   the information be sent to a specified address.  A disclosure 
 61.5   made under this clause shall be deposited in the United States 
 61.6   mail, postage prepaid, within five business days after the 
 61.7   written request for disclosure is received by the tenant 
 61.8   screening service.  A tenant screening service complying with a 
 61.9   request for disclosure under this clause shall not be liable for 
 61.10  disclosures to third parties caused by mishandling mail, 
 61.11  provided that the tenant file information is mailed to the 
 61.12  address specified by the tenant in the request. 
 61.13     (3) A summary of the information in a tenant file must be 
 61.14  disclosed by telephone, if the tenant has made a written request 
 61.15  with proper identification for telephone disclosure. 
 61.16     (4) Information in a tenant's file required to be disclosed 
 61.17  in writing under this subdivision may be disclosed in any other 
 61.18  form including electronic means if authorized by the tenant and 
 61.19  available from the tenant screening service. [504.30, subd. 1] 
 61.20     Subd. 2.  [CORRECTIONS.] If the completeness or accuracy of 
 61.21  an item of information contained in an individual's file is 
 61.22  disputed by the individual, the residential tenant screening 
 61.23  service must reinvestigate and record the current status of the 
 61.24  information.  If the information is found to be inaccurate or 
 61.25  can no longer be verified, the residential tenant screening 
 61.26  service must delete the information from the individual's file 
 61.27  and residential tenant report.  At the request of the 
 61.28  individual, the residential tenant screening service must give 
 61.29  notification of the deletions to persons who have received the 
 61.30  residential tenant report within the six months before the 
 61.31  request.  [504.30, subd. 2] 
 61.32     Subd. 3.  [EXPLANATIONS.] The residential tenant screening 
 61.33  service must permit an individual to explain an eviction report 
 61.34  or a disputed item not resolved by reinvestigation in a 
 61.35  residential tenant report.  The explanation must be included in 
 61.36  the residential tenant report.  The residential tenant screening 
 62.1   service may limit the explanation to no more than 100 words.  
 62.2   [504.30, subd. 3] 
 62.3      Subd. 4.  [COURT FILE INFORMATION.] (a) If a residential 
 62.4   tenant screening service includes information from a court file 
 62.5   on an individual in a residential tenant report, the report must 
 62.6   provide the full name and date of birth of the individual in any 
 62.7   case where the court file includes the individual's full name 
 62.8   and date of birth, and the outcome of the court proceeding must 
 62.9   be accurately recorded in the report, including the specific 
 62.10  basis of the court's decision, when available.  Whenever the 
 62.11  court supplies information from a court file on an individual, 
 62.12  in whatever form, the court shall include the full name and date 
 62.13  of birth of the individual, if that is indicated on the court 
 62.14  file or summary and information on the outcome of the court 
 62.15  proceeding, including the specific basis of the court's 
 62.16  decision, coded as provided in subdivision 5 for the type of 
 62.17  action, when it becomes available.  The residential tenant 
 62.18  screening service is not liable under section 74 if the 
 62.19  residential tenant screening service reports complete and 
 62.20  accurate information as provided by the court. 
 62.21     (b) A tenant screening service shall not provide tenant 
 62.22  reports containing information on eviction actions in the second 
 62.23  and fourth judicial districts, unless the tenant report 
 62.24  accurately records the outcome of the proceeding or other 
 62.25  disposition of the eviction action such as settlement, entry of 
 62.26  a judgment, default, or dismissal of the action.  [504.30, subd. 
 62.27  4] 
 62.28     Subd. 5.  [EVICTION ACTION CODING.] The court shall 
 62.29  indicate on the court file or any summary of a court file the 
 62.30  specific basis of the court's decision in an eviction action 
 62.31  according to codes developed by the court that, at a minimum, 
 62.32  indicates if the basis of the court's decision is nonpayment of 
 62.33  rent, a violation of the requirements under section 74 or 75, 
 62.34  other breach of a lease agreement, or a counterclaim for 
 62.35  possession of the property under section 68. [504.30, subd. 4a] 
 62.36     Subd. 6.  [INFORMATION TO RESIDENTIAL TENANT.] If the 
 63.1   landlord uses information in a residential tenant report to deny 
 63.2   the rental or increase the rent or security deposit of a 
 63.3   residential unit, the landlord must inform the prospective 
 63.4   tenant of the name and address of the residential tenant 
 63.5   screening service that provided the residential tenant report.  
 63.6   [504.30, subd. 5] 
 63.7      Sec. 74.  [504A.611] [RESIDENTIAL TENANT REPORT; REMEDIES.] 
 63.8      The remedies in section 8.31 apply to a violation of 
 63.9   section 73.  A residential tenant screening service or landlord 
 63.10  that complies with the Fair Credit Reporting Act, United States 
 63.11  Code, title 15, section 1681, et seq., is considered to comply 
 63.12  with section 73.  [504.31] 
 63.13                POSSESSION OF CONTROLLED SUBSTANCES 
 63.14                   ON RESIDENTIAL RENTAL PROPERTY 
 63.15     Sec. 75.  [504A.701] [RESIDENTIAL TENANT MAY NOT ALLOW 
 63.16  DRUGS.] 
 63.17     Subdivision 1.  [SPECIFIC AGREEMENT.] (a) A residential 
 63.18  tenant agrees that: 
 63.19     (1) the residential tenant will not unlawfully allow 
 63.20  controlled substances to be used on the property; and 
 63.21     (2) the common area will not be used by the residential 
 63.22  tenant or others acting under the residential tenant's control 
 63.23  to manufacture, sell, give away, barter, deliver, exchange, 
 63.24  distribute, purchase, or possess a controlled substance in 
 63.25  violation of a criminal provision of chapter 152. 
 63.26     (b) This agreement is not violated when a person other than 
 63.27  the residential tenant possesses or allows controlled substances 
 63.28  on the property or in the common area unless the residential 
 63.29  tenant knew or had reason to know of that activity.  [504.181, 
 63.30  subd. 1] 
 63.31     Subd. 2.  [BREACH VOIDS RIGHT TO POSSESSION.] (a) A breach 
 63.32  of the agreement in subdivision 1 voids the residential tenant's 
 63.33  right to possession of the property.  All other provisions of 
 63.34  the lease, including but not limited to the obligation to pay 
 63.35  rent, remain in effect until the lease is terminated by the 
 63.36  terms of the lease or operation of law. 
 64.1      (b) If the residential tenant breaches the agreement in 
 64.2   subdivision 1, the landlord may bring, or assign to the county 
 64.3   attorney of the county in which the property is located, the 
 64.4   right to bring an eviction action against the residential 
 64.5   tenant.  The assignment must be in writing on a form provided by 
 64.6   the county attorney, and the county attorney may determine 
 64.7   whether to accept the assignment.  If the county attorney 
 64.8   accepts the assignment of the landlord's right to bring an 
 64.9   eviction action: 
 64.10     (1) any court filing fee that would otherwise be required 
 64.11  in an eviction action is waived; and 
 64.12     (2) the landlord retains all the rights and duties, 
 64.13  including removal of the residential tenant's personal property, 
 64.14  following issuance of an order to vacate and delivery of the 
 64.15  writ to the sheriff for execution.  [504.181, subd. 2] 
 64.16     Subd. 3.  [WAIVER NOT ALLOWED.] The landlord or residential 
 64.17  tenant may not waive or modify the prohibition imposed by this 
 64.18  section.  [504.181, subd. 3] 
 64.19     Sec. 76.  [504A.705] [EVICTION FOR VIOLATION.] 
 64.20     (a) A landlord may evict a residential tenant who is 
 64.21  subject to seizure under section 609.5317, subdivision 1, for 
 64.22  which there is not a defense under section 609.5317, subdivision 
 64.23  3. 
 64.24     (b) Landlords must give written notice to residential 
 64.25  tenants of the provision relating to seizures in paragraph (a).  
 64.26  Failure to give notice does not subject the landlord to criminal 
 64.27  or civil liability and is not a defense under section 609.5317, 
 64.28  subdivision 3.  [566.02; 566.021] 
 64.29                       IMPLEMENTATION OF ACT
 64.30     Sec. 77.  [EFFECT OF CHANGES IN THIS ACT.] 
 64.31     The legislature intends this act to be a clarification and 
 64.32  reorganization of the landlord-tenant laws in Minnesota 
 64.33  Statutes, chapters 504 and 566.  The changes that have been made 
 64.34  are not intended to alter those laws and shall not be construed 
 64.35  by a court or other authority to alter them. 
 64.36     Sec. 78.  [INSTRUCTION TO REVISOR.] 
 65.1      (a) The revisor shall publish the statutory derivations of 
 65.2   the laws repealed and recodified in this act in Laws of 
 65.3   Minnesota and in the statutory history of chapters 504 and 566 
 65.4   in Minnesota Statutes.  
 65.5      (b) The revisor shall correct cross-references to sections 
 65.6   that are repealed and recodified by this act, and if Minnesota 
 65.7   Statutes, chapter 504 or chapter 566, is further amended in the 
 65.8   1997 or 1998 legislative session, shall codify the amendments in 
 65.9   a manner consistent with this act. 
 65.10     Sec. 79.  [REPEALER.] 
 65.11     Minnesota Statutes 1996, sections 504.01; 504.012; 504.015; 
 65.12  504.02; 504.03; 504.04; 504.05; 504.06; 504.07; 504.08; 504.09; 
 65.13  504.18; 504.181; 504.183; 504.185; 504.20; 504.201; 504.21; 
 65.14  504.22; 504.23; 504.24; 504.245; 504.246; 504.25; 504.255; 
 65.15  504.257; 504.26; 504.265; 504.27; 504.28; 504.29; 504.30; 
 65.16  504.31; 504.32; 504.36; 566.01; 566.02; 566.021; 566.03; 566.04; 
 65.17  566.05; 566.051; 566.06; 566.07; 566.08; 566.09; 566.10; 566.11; 
 65.18  566.12; 566.13; 566.14; 566.15; 566.16; 566.17; 566.175; 566.18; 
 65.19  566.19; 566.20; 566.205; 566.21; 566.22; 566.23; 566.24; 566.25; 
 65.20  566.26; 566.27; 566.28; 566.29; 566.291; 566.30; 566.31; 566.32; 
 65.21  566.33; 566.34; and 566.35, are repealed. 
 65.22     Sec. 80.  [EFFECTIVE DATE.] 
 65.23     This act is effective July 1, 1998.