SF 5401

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/10/2024 09:50am

A bill for an act
relating to real property; providing a remedy to owners to remove unauthorized
persons from occupying residential real property; proposing coding for new law
in Minnesota Statutes, chapter 500.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [500.35] REMEDY TO REMOVE UNAUTHORIZED PERSONS FROM
REAL PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Right to request removal. new text end

new text begin A property owner or the authorized agent of
a property owner may request the sheriff of the county in which the property is located to
immediately remove a person unlawfully occupying residential real property if the following
conditions are met:
new text end

new text begin (1) a person has unlawfully entered and remained or continues to reside on the owner's
property without authorization;
new text end

new text begin (2) the real property was not open to members of the public at the time the unauthorized
person entered;
new text end

new text begin (3) the property owner has directed the unauthorized person to leave the property;
new text end

new text begin (4) the unauthorized person is not a current or former tenant pursuant to a written or oral
rental agreement entered into with the property owner;
new text end

new text begin (5) the unauthorized person is not an immediate family member of the property owner;
and
new text end

new text begin (6) there is no pending litigation related to the residential real property between the
property owner and the unauthorized person.
new text end

new text begin Subd. 2. new text end

new text begin Complaint. new text end

new text begin To request the immediate removal of an unlawful occupant of
residential real property, the property owner or the property owner's agent must submit a
complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully
Occupying Residential Real Property to the sheriff of the county in which the real property
is located. The complaint must be in substantially the following form:
new text end

new text begin COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING
RESIDENTIAL REAL PROPERTY
new text end

new text begin I, the owner or authorized agent of the owner of the real property located at ......................................................................, declare under the penalty of perjury, under Minnesota Statutes, section 609.48, that (initial each box): new text end
new text begin 1. new text end	new text begin . new text end	new text begin I am the owner of the real property or the authorized agent of the owner of the real property. new text end
new text begin 2. new text end	new text begin . new text end	new text begin I purchased the property on .......................... new text end
new text begin 3. new text end	new text begin . new text end	new text begin The real property is a residential dwelling. new text end
new text begin 4. new text end	new text begin . new text end	new text begin An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property. new text end
new text begin 5. new text end	new text begin . new text end	new text begin The real property was not open to members of the public at the time the unauthorized person or persons entered. new text end
new text begin 6. new text end	new text begin . new text end	new text begin I have directed the unauthorized person or persons to leave the real property, but they have not done so. new text end
new text begin 7. new text end	new text begin . new text end	new text begin The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent. new text end
new text begin 8. new text end	new text begin . new text end	new text begin The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud. new text end
new text begin 9. new text end	new text begin . new text end	new text begin The unauthorized person or persons are not immediate family members of the property owner. new text end
new text begin 10. new text end	new text begin . new text end	new text begin There is no litigation related to the real property pending between the property owner and any person sought to be removed. new text end
new text begin 11. new text end	new text begin . new text end	new text begin I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney fees. new text end
new text begin 12. new text end	new text begin . new text end	new text begin I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property. new text end
new text begin 13. new text end	new text begin . new text end	new text begin A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner's behalf are attached. new text end
new text begin I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY. new text end
new text begin ...(Signature of Property Owner or Agent of Owner)... new text end

new text begin Subd. 3. new text end

new text begin Sheriff to serve notice; remove unauthorized person. new text end

new text begin Upon receipt of the
complaint, the sheriff shall verify that the person submitting the complaint is the record
owner of the real property or the authorized agent of the owner and appears otherwise
entitled to relief under this section. If verified, the sheriff shall, without delay, serve a notice
to immediately vacate on all the unlawful occupants and shall put the owner in possession
of the real property. Service may be accomplished by hand delivery of the notice to an
occupant or by posting the notice on the front door or entrance of the dwelling. The sheriff
shall also attempt to verify the identities of all persons occupying the dwelling and note the
identities on the return of service. If appropriate, the sheriff may arrest any person found in
the dwelling for trespass, outstanding warrants, or any other legal cause.
new text end

new text begin Subd. 4. new text end

new text begin Fees. new text end

new text begin The sheriff is entitled to a reasonable fee for service of the notice to
immediately vacate under this section. After the sheriff serves the notice to immediately
vacate, the property owner or authorized agent may request that the sheriff stand by to keep
the peace while the property owner or agent of the owner changes the locks and removes
the personal property of the unlawful occupants from the premises to or near the property
line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the
person requesting the sheriff to stand by and keep the peace is responsible for paying the
reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant
or any other party for loss, destruction, or damage of property. The property owner or his
or her authorized agent is not liable to an unlawful occupant or any other party for the loss,
destruction, or damage to the personal property unless the removal was wrongful.
new text end

new text begin Subd. 5. new text end

new text begin Wrongful removal. new text end

new text begin A person may bring a civil cause of action for wrongful
removal under this section. A person harmed by a wrongful removal under this section may
be restored to possession of the real property and may recover actual costs and damages
incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs,
and reasonable attorney fees. The court shall advance the cause on the calendar.
new text end

new text begin Subd. 6. new text end

new text begin Arrest. new text end

new text begin This section does not limit the rights of a property owner or limit the
authority of a law enforcement officer to arrest an unlawful occupant for trespassing,
vandalism, theft, or other crimes.
new text end