1997 Minnesota Statutes

CHAPTER 566. Forcible entry and unlawful detainer

     566.01 Forcible entry and unlawful detainer.  

    No person shall make entry into lands or tenements except 
 in cases where entry is allowed by law, and in such cases the 
 person shall not enter by force, but only in a peaceable manner. 

    HIST: (9147) RL s 4036; 1963 c 753 art 2 s 6; 1971 c 23 s 36; 
 1973 c 611 s 6; 1986 c 444 

     566.02 Unlawful detention of lands or tenements subject 
  to fine. 

    When any person has made unlawful or forcible entry into 
 lands or tenements, and detains the same, or, having peaceably 
 entered, unlawfully detains the same, the person entitled to the 
 premises may recover possession thereof in the manner 
 hereinafter provided.  A seizure under section 609.5317, 
 subdivision 1, for which there is not a defense under section 
 609.5317, subdivision 3, constitutes unlawful detention by the 
 tenant. 

    HIST: (9148) RL s 4037; 1917 c 227 s 1; 1973 c 611 s 7; 1989 c 
 305 s 2 

     566.021 Notice of seizure provision. 

    Landlords shall give written notice to tenants of the 
 provision relating to seizures in section 566.02.  Failure to 
 give such notice does not subject the landlord to criminal or 
 civil liability and is not a defense under section 609.5317, 
 subdivision 3. 

    HIST: 1989 c 305 s 3 

     566.03 Recovery of possession; defenses. 

    Subdivision 1.  The person entitled to the premises may 
 recover possession in the manner provided in this section when: 

    (1) any person holds over lands or tenements after a sale 
 thereof on an execution or judgment, or on foreclosure of a 
 mortgage, and expiration of the time for redemption, or after 
 termination of contract to convey the same, provided that if the 
 person holding such lands or tenements after the expiration of 
 the time for redemption or termination is a tenant, the person 
 has received: 

    (i) at least one month's written notice to vacate no sooner 
 than one month after the expiration of the time for redemption 
 or termination, provided that the tenant pays the rent and 
 abides by all terms of the lease; or 

    (ii) at least one month's written notice to vacate no later 
 than the date of the expiration of the time for redemption or 
 termination, which notice shall also state that the sender will 
 hold the tenant harmless for breaching the lease by vacating the 
 premises if the mortgage is redeemed or the contract is 
 reinstated; 

    (2) any person holds over lands or tenements after 
 termination of the time for which they are demised or let to 
 that person or to the persons under whom that person holds 
 possession, or contrary to the conditions or covenants of the 
 lease or agreement under which that person holds, or after any 
 rent becomes due according to the terms of such lease or 
 agreement; or 

    (3) any tenant at will holds over after the determination 
 of the estate by notice to quit. 

    Subd. 2.  It shall be a defense to an action for recovery 
 of premises following the alleged termination of a tenancy by 
 notice to quit for the defendant to prove by a fair 
 preponderance of the evidence that: 

    (1) The alleged termination was intended in whole or part 
 as a penalty for the defendant's good faith attempt to secure or 
 enforce rights under a lease or contract, oral or written, or 
 under the laws of the state, any of its governmental 
 subdivisions, or of the United States; or 

    (2) The alleged termination was intended in whole or part 
 as a penalty for the defendant's good faith report to a 
 governmental authority of the plaintiff's violation of any 
 health, safety, housing or building codes or ordinances. 

    If the notice to quit was served within 90 days of the date 
 of any act of the tenant coming within the terms of clause (1) 
 or (2) the burden of proving that the notice to quit was not 
 served in whole or part for a retaliatory purpose shall rest 
 with the plaintiff. 

    Subd. 3.  In any proceeding for the restitution of premises 
 upon the ground of nonpayment of rent, it shall be a defense 
 thereto if the tenant establishes by a preponderance of the 
 evidence that the plaintiff increased the tenant's rent or 
 decreased the services as a penalty in whole or part for any 
 lawful act of the tenant as described in subdivision 2, 
 providing that the tenant tender to the court or to the 
 plaintiff the amount of rent due and payable under the tenant's 
 original obligation. 

    Subd. 4.  Nothing contained herein shall limit the right of 
 the lessor pursuant to the provisions of subdivision 1 to 
 terminate a tenancy for a violation by the tenant of a lawful, 
 material provision of a lease or contract, whether written or 
 oral, or to hold the tenant liable for damage to the premises 
 caused by the tenant or a person acting under the tenant's 
 direction or control. 

    Subd. 5.  (a) An action for recovery of the premises may 
 combine the allegation of nonpayment of rent and the allegation 
 of material violation of the lease, which shall be heard as 
 alternative grounds. 

    (b) In cases where rent is outstanding, a tenant is not 
 required to pay into court the amount of rent in arrears, 
 interest, and costs as required under section 504.02 to defend 
 against an allegation by the landlord that the tenant has 
 committed a material violation of the lease. 

    (c) If the landlord does not prevail in proving material 
 violation of the lease, and the landlord has also alleged that 
 rent is due, the tenant shall be permitted to present defenses 
 to the court that the rent is not owing.  The tenant shall be 
 given up to seven days of additional time to pay any rent 
 determined by the court to be due.  The court may order the 
 tenant to pay rent and any costs determined to be due directly 
 to the landlord or to be deposited with the court. 

    HIST: (9149) RL s 4038; 1917 c 227 s 2; 1971 c 240 s 1; 1976 c 
 17 s 1; 1984 c 566 s 5; 1986 c 444; 1992 c 376 art 1 s 10; 1993 
 c 165 s 3 

     566.04 No restitution if tenant holds over for three 
  years. 

    No restitution shall be made under this chapter of any 
 lands or tenements of which the party complained of, or that 
 person's ancestors, or those under whom the person holds the 
 premises, have been in quiet possession for three years next 
 before the filing of the complaint, after the determination of 
 the leasehold estate that the person may have had therein.  

    HIST: (9150) RL s 4039; 1986 c 444 

     566.05 Complaint and summons. 

    (a) The person complaining shall file a complaint with the 
 court, stating the full name and date of birth of the person 
 against whom the complaint is made, unless it is not known, 
 describing the premises of which possession is claimed, stating 
 the facts which authorize the recovery, and praying for 
 restitution thereof.  The lack of the full name and date of 
 birth of the person against whom the complaint is made does not 
 deprive the court of jurisdiction or make the complaint invalid. 
 The court shall issue a summons, commanding the person against 
 whom the complaint is made to appear before the court on a day 
 and at a place stated in the summons.  The appearance shall be 
 not less than seven nor more than 14 days from the day of 
 issuing the summons, except as provided by paragraph (b).  A 
 copy of the complaint shall be attached to the summons, which 
 shall state that the copy is attached and that the original has 
 been filed. 

    (b) In an unlawful detainer action brought under section 
 504.181 or on the basis that the tenant is causing a nuisance or 
 other illegal behavior that seriously endangers the safety of 
 other residents, their property, or the landlord's property, the 
 person filing the complaint shall file an affidavit stating 
 specific facts and instances in support of why an expedited 
 hearing is required.  The complaint and affidavit shall be 
 reviewed by a referee or judge and scheduled for an expedited 
 hearing only if sufficient supporting facts are stated and they 
 meet the requirements of this paragraph.  The appearance in an 
 expedited hearing shall be not less than five days nor more than 
 seven days from the date the summons is issued.  The summons, in 
 an expedited hearing, shall be served upon the tenant within 24 
 hours of issuance unless the court orders otherwise for good 
 cause shown.  If the court determines that the person seeking an 
 expedited hearing did so without sufficient basis under the 
 requirements of this paragraph, the court shall impose a civil 
 penalty of up to $500 for abuse of the expedited hearing process.

    HIST: (9151) RL s 4040; 1973 c 611 s 8; 1981 c 168 s 3; 1994 c 
 502 s 4; 1996 c 328 s 7; 1997 c 239 art 12 s 5 

     566.051 Expedited proceedings. 

    A landlord, agent, or other person acting under the 
 landlord's direction or control may request expedited temporary 
 relief by bringing an action under section 609.748 or filing a 
 petition for a temporary restraining order, in conjunction with 
 a complaint filed under section 566.05. 

    HIST: 1993 c 165 s 4 

     566.06 Summons; how served. 

    The summons shall be served at least seven days before the 
 return day in the manner provided for service of a summons in a 
 civil action in the district court.  If the person cannot be 
 found in the county, the summons may be served at least seven 
 days before its return day by leaving a copy at the person's 
 last usual place of abode with a family member or a person of 
 suitable age and discretion residing there, or if the person had 
 no place of abode, by leaving a copy upon the premises described 
 in the complaint with a person of suitable age and discretion 
 occupying the same or any part thereof.  The summons may be 
 served by any person not named a party to the action.  If the 
 defendant cannot be found in the county, of which the return of 
 the sheriff or constable shall be prima facie proof, and, in the 
 case of a nonresidential premises, no person actually occupies 
 the premises described in the complaint, or, in case the 
 premises described in the complaint is residential, service has 
 been attempted at least twice on different days, with at least 
 one of the attempts having been made between the hours of 6:00 
 and 10:00 p.m., upon the filing of an affidavit of the plaintiff 
 or the plaintiff's attorney stating that (1) the defendant 
 cannot be found or on belief that the defendant is not in this 
 state, and (2) a copy of the summons has been mailed to the 
 defendant at the defendant's last known address if any is known 
 to the plaintiff, service of the summons may be made upon the 
 defendant by posting the summons in a conspicuous place on the 
 premises for not less than one week.  If the defendant or the 
 defendant's attorney does not appear in court upon the return 
 day in the action, the trial thereof shall proceed. 

    HIST: (9152) RL s 4041; 1909 c 496 s 1; 1973 c 611 s 9; 1976 c 
 123 s 1; 1981 c 168 s 4; 1985 c 214 s 1; 1986 c 444 

     566.07 Answer; trial. 

    After the return of the summons, at the time and place 
 appointed therein, the defendant, on appearing, may answer the 
 complaint, and all matters in excuse, justification, or 
 avoidance of the allegations thereof shall be set up in the 
 answer; and thereupon the court shall hear and determine the 
 action, unless it shall adjourn the trial as provided in section 
 566.08, but either party may demand a trial by jury.  The 
 proceedings in such action shall be the same as in other civil 
 actions, except as in this chapter otherwise provided.  The 
 court, in scheduling appearances and hearings under this 
 section, shall give priority to any unlawful detainer brought 
 under section 504.181, or on the basis that the tenant is 
 causing a nuisance or seriously endangers the safety of other 
 residents, their property, or the landlord's property.  

    HIST: (9153) RL s 4042; 1981 c 168 s 6; 1986 c 444; 1994 c 502 
 s 5 

     566.08 Adjournment; security for rent.  

    The court, in its discretion, may adjourn the trial, but 
 not beyond six days after the return day, unless by consent of 
 parties; but in all cases mentioned in section 566.03, except in 
 an action upon a written lease signed by both parties thereto, 
 if the defendant, or the defendant's agent or attorney, shall 
 make oath that the defendant cannot safely proceed to trial for 
 want of a material witness, naming the witness, and that the 
 defendant has made due exertion to obtain the witness, and 
 believes that, if such adjournment be allowed, the defendant 
 will be able to procure the attendance of such witness at the 
 trial, or the witness' deposition, and shall give bond 
 conditioned to pay to the plaintiff all rent which may accrue 
 during the pendency of the action, and all costs and damages 
 consequent upon such adjournment, the court shall adjourn the 
 trial for such time as may appear necessary, not exceeding three 
 months.  

    HIST: (9154) RL s 4043; 1981 c 168 s 6; 1986 c 444 

     566.09 Judgment; fine; execution. 

    Subdivision 1.    General.  If the court or jury finds 
 for the plaintiff, the court shall immediately enter judgment 
 that the plaintiff have restitution of the premises and tax the 
 costs for the plaintiff.  The court shall issue execution in 
 favor of the plaintiff for the costs and also immediately issue 
 a writ of restitution.  The court shall give priority in issuing 
 a writ of restitution for any unlawful detainer brought under 
 section 504.181 or on the basis that the tenant is causing a 
 nuisance or seriously endangers the safety of other residents, 
 their property, or the landlord's property.  Except in actions 
 brought under (1) section 566.02 as required by section 
 609.5317, subdivision 1, (2) under section 504.181, or (3) on 
 the basis that the tenant is causing a nuisance or seriously 
 endangers the safety of other residents, their property, or the 
 landlord's property, upon a showing by the defendant that 
 immediate restitution of the premises would work a substantial 
 hardship upon the defendant or the defendant's family, the court 
 shall stay the writ of restitution for a reasonable period, not 
 to exceed seven days.  If the court or jury finds for the 
 defendant, the court shall enter judgment for the defendant, tax 
 the costs against the plaintiff, and issue execution therefor. 

    Subd. 2.    Real property; seizures.  If the court 
 enters judgment for the plaintiff in an action brought under 
 section 566.02 as required by section 609.5317, subdivision 1, 
 the court may not stay issuance of the writ of restitution 
 unless the court makes written findings specifying the 
 extraordinary and exigent circumstances that warrant staying the 
 writ for a reasonable period, not to exceed seven days. 

    HIST: (9155) RL s 4044; 1973 c 611 s 10; 1976 c 123 s 2; 1981 
 c 168 s 5; 1986 c 444; 1991 c 193 s 2; 1994 c 502 s 6 

     566.10 Disagreement.  

    If the jury cannot agree upon a verdict, the court may 
 discharge them, and issue a venire, returnable forthwith, or at 
 some other time agreed upon by the parties or fixed by the 
 court, for the purpose of impaneling a new jury.  

    HIST: (9156) RL s 4045; 1981 c 168 s 6 

     566.11 Writ of restitution; effect of appeal.  

    If the party against whom judgment for restitution is 
 rendered or the party's attorney state to the court an intent to 
 take an appeal, a writ of restitution shall not issue for 24 
 hours after judgment.  In an action on a lease, against a tenant 
 holding over after the expiration of the term thereof, or a 
 termination thereof by a notice to quit, such writ may issue 
 forthwith notwithstanding such notice of appeal, if the 
 plaintiff give a bond conditioned to pay all costs and damages 
 in case on the appeal the judgment of restitution be reversed 
 and a new trial ordered.  

    HIST: (9157) RL s 4046; 1909 c 496 s 2; 1981 c 168 s 6; 1986 c 
 444 

     566.12 Appeal; stay.  

    A party who feels aggrieved by the judgment may appeal 
 within ten days as in other cases triable before courts except 
 that if the party appealing remains in possession of the 
 premises, bond shall be conditioned to pay all costs of such 
 appeal and abide the order the court may make therein and pay 
 all rents and other damages justly accruing to the party 
 excluded from possession during the pendency of the appeal.  
 Upon the taking of such appeal all further proceedings in the 
 case shall be stayed, except that in an action on a lease 
 against a tenant holding over after the expiration of the term 
 thereof or termination thereof by notice to quit, if the 
 plaintiff give bond as provided in section 566.11, a writ of 
 restitution shall issue as if no appeal had been taken and the 
 appellate court shall thereafter issue all needful writs and 
 processes to carry out any judgment which may be rendered in 
 such court.  

    HIST: (9158) RL s 4047; 1909 c 496 s 3; 1981 c 168 s 6; 1986 c 
 444 

     566.13 Appeal after issuance of writ; stay.  

    If a writ of restitution has issued before the taking of an 
 appeal, the court shall give appellant a certificate of the 
 allowance thereof .  Upon being served with such certificate , 
 the officer having the writ shall cease all further proceedings 
 thereunder and if the writ has not been completely executed the 
 defendant shall remain in possession of the premises until the 
 determination of the appeal, but this section shall not apply to 
 a case where judgment for restitution has been entered on a 
 lease against a tenant holding over after the expiration of the 
 term thereof or determination thereof by notice to quit.  

    HIST: (9159) RL s 4048; 1909 c 496 s 4; 1981 c 168 s 6; 1986 c 
 444 

     566.14 Dismissal of appeals; amendments; return.  

    In all cases of appeal, the appellate court shall not 
 dismiss or quash the proceedings for want of form only, provided 
 they have been conducted substantially in accordance with the 
 provisions of this chapter.  Amendments may be allowed at any 
 time, upon such terms as to the court may appear just, in the 
 same cases and manner and to the same extent as in civil 
 actions.  The court may compel the trial court, by attachment, 
 to make or amend any return which is withheld or improperly or 
 insufficiently made.  

    HIST: (9160) RL s 4049; 1981 c 168 s 6 

     566.15 Form of verdict.  

    The verdict of the jury or the finding of the court in 
 favor of the plaintiff in an action under this chapter shall be 
 substantially in the following form: 

    At a court held at ....., on the ..... day of ....., 
 19....., before ....., a judge in and for the county of ..... in 
 an action between ....., plaintiff, and ....., defendant, the 
 jury (or, if the action be tried without a jury, the court) find 
 that the facts alleged in the complaint are true, and the said 
 plaintiff ought to have restitution of the premises therein 
 described without delay.  

    .....................  

    If the verdict or finding be for the defendant, it shall be 
 sufficient to find that the facts alleged in the complaint are 
 not true. 

    HIST: (9161) RL s 4050; 1973 c 611 s 11; 1981 c 168 s 6 

     566.16 Forms of summons and writ. 

    Subdivision 1.    Form.  The summons and writ of 
 restitution may be substantially in the following forms: 

                         FORM OF SUMMONS 

  
   State of Minnesota)                                     
                     ) ss.                                 
   County of ........)                                     

    Whereas, ....., of ....., hath filed with the undersigned, 
 a judge in and for said county, a complaint against ....., of 
 ....., a copy whereof is hereto attached:  Therefore you are 
 hereby summoned to appear before the undersigned on the ..... 
 day of ....., 19....., at ..... o'clock .....m., at ....., then 
 and there to make answer to and defend against the complaint 
 aforesaid, and further to be dealt with according to law.  

    Dated at ....., this ..... day of ....., 19.....  

    ............................., 

    Judge of ....... court.  

                   FORM OF WRIT OF RESTITUTION 

  
   State of Minnesota)                                     
                     ) ss.                                 
   County of ........)                                     

    The State of Minnesota, to the Sheriff or Any Constable of 
 the County Aforesaid: 

    Whereas, ....., plaintiff, of ....., in an action for an 
 unlawful or forcible entry and detainer (or for an unlawful 
 detainer, as the case may be), at a court held at ....., in the 
 county aforesaid, on the ..... day of ....., 19....., before 
 ....., a judge in and for said county, by the consideration of 
 the court, recovered a judgment against ....., of ....., to have 
 restitution of (here describe the premises as in the complaint): 

    Therefore, you are hereby commanded that, taking with you 
 the force of the county, if necessary, you cause the said ..... 
 to be immediately removed from the aforesaid premises, and the 
 said ..... to have peaceable restitution of the same.  You are 
 also hereby commanded that of the goods and chattels of the said 
 ..... within said county you cause to be levied, and, the same 
 being disposed of according to law, to be paid to the said ..... 
 the sum of ..... dollars, being the costs taxed against the said 
 ..... for the said ....., at the court aforesaid, together with 
 25 cents for this writ; and thereof, together with this writ, 
 make due return within 30 days from the date hereof, according 
 to law. 

    Dated at ....., this ..... day of ....., 19..... 

    ............................., 

    Judge of ........ court. 

    Subd. 2.    Notice of drug related writ.  The court 
 shall identify a writ of restitution that is issued pursuant to 
 an unlawful detainer action under section 504.181, or on the 
 basis that the tenant is causing a nuisance or seriously 
 endangers the safety of other residents, their property, or the 
 landlord's property and clearly note on the writ of restitution 
 that it is a priority writ.  Notice that it is a priority writ 
 must be made in a manner that is obvious to an officer who must 
 execute the writ under section 566.17. 

    HIST: (9162) RL s 4051; 1973 c 611 s 12; 1981 c 168 s 6; 1994 
 c 502 s 7 

     566.17 Execution of the writ of restitution. 

    Subdivision 1.    General.  The officer holding the writ 
 of restitution shall execute the same by making a demand upon 
 defendant if found in the county or any adult member of the 
 defendant's family holding possession of the premises, or other 
 person in charge thereof, for the possession of the same, and 
 that the defendant leave, taking family and all personal 
 property from such premises within 24 hours after such demand.  
 If defendant fails to comply with the demand, then the officer 
 shall bring, if necessary, the force of the county and whatever 
 assistance may be necessary, at the cost of the complainant, 
 remove the said defendant, family and all personal property from 
 said premises detained, immediately and place the plaintiff in 
 the possession thereof.  In case defendant cannot be found in 
 the county, and there is no person in charge of the premises 
 detained, so that no demand can be made upon the defendant, then 
 the officer shall enter into the possession of the premises, 
 breaking in if necessary, and the property of the defendant 
 shall be removed and stored at a place designated by the 
 plaintiff as provided under subdivision 2.  The writ may also be 
 executed by a licensed police officer or community crime 
 prevention licensed police officer. 

    Subd. 1a.    Priority; execution of drug related writ.  
 An officer shall give priority to the execution, under this 
 section, of any writ of restitution that is based on an unlawful 
 detainer action under section 504.181, or on the basis that the 
 tenant is causing a nuisance or seriously endangers the safety 
 of other residents, their property, or the landlord's property. 

    Subd. 2.    Removal and storage of property.  (a) In 
 cases where the defendant's personal property is to be stored in 
 a place other than the premises, the officer shall remove all 
 property of the defendant at the expense of the plaintiff.  

    The plaintiff shall have a lien upon all of the goods upon 
 the premises for the reasonable costs and expenses incurred for 
 removing the personal property and for the proper caring and 
 storing the same, and the costs of transportation of the same to 
 some suitable place of storage, in case defendant shall fail or 
 refuse to make immediate payment for all the expenses of such 
 removal from the premises and plaintiff shall have the right to 
 enforce such lien by detaining the same until paid, and, in case 
 of nonpayment for 60 days after the execution of the writ, shall 
 have the right to enforce the lien and foreclose the same by 
 public sale as provided for in case of sales under sections 
 514.18 to 514.22. 

    (b) In cases where the defendant's property is to be stored 
 on the premises, the officer shall enter the premises, breaking 
 in if necessary, and the plaintiff may remove the defendant's 
 personal property.  The provisions of section 504.24 apply to 
 property removed under this paragraph.  The plaintiff must 
 prepare an inventory and mail a copy of the inventory to the 
 defendant's last known address or, if the defendant has provided 
 a different address, to the address provided by the defendant.  
 The inventory must be prepared, signed, and dated in the 
 presence of the peace officer.  The inventory must include the 
 following: 

    (1) a listing of the items of personal property and a 
 description of the condition of the property; 

    (2) the date, the signature of the plaintiff or the 
 plaintiff's agent, and the name and telephone number of a person 
 authorized to release the personal property; and 

    (3) the name and badge number of the peace officer. 

    The peace officer shall retain a copy of the inventory.  
 The plaintiff is responsible for the proper removal, storage, 
 and care of the defendant's personal property and is liable for 
 damages for loss of or injury to the defendant's personal 
 property caused by the plaintiff's failure to exercise care in 
 regard to it as a reasonably careful person would exercise under 
 like circumstances. 

    The plaintiff shall notify the defendant of the date and 
 approximate time the officer is scheduled to remove the 
 defendant, family, and the defendant's personal property from 
 the premises.  The notice must be sent by first-class mail.  In 
 addition, the plaintiff must make a good faith effort to notify 
 the defendant by telephone.  The notice must be mailed as soon 
 as the information regarding the date and approximate time the 
 officer is scheduled to enforce the writ is known to the 
 plaintiff, except that the scheduling of the peace officer to 
 enforce the writ need not be delayed because of the notice 
 requirement.  The notice must inform the defendant that the 
 defendant and the defendant's property will be removed from the 
 premises if the defendant has not vacated the premises by the 
 time specified in the notice. 

    Subd. 2a.  In the second and fourth judicial districts, the 
 housing calendar consolidation project shall retain jurisdiction 
 in matters relating to removal of property under this section.  
 If the plaintiff refuses to return the property after proper 
 demand is made as provided in section 504.24, the court shall 
 enter an order requiring the plaintiff to return the property to 
 the defendant and awarding reasonable expenses including 
 attorney fees to the defendant. 

    Subd. 3.    Penalty; waiver prohibited.  Unless the 
 premises have been abandoned, a plaintiff, agent, or other 
 person acting under the plaintiff's direction or control who 
 enters the premises and removes the defendant's property in 
 violation of this section is guilty of wrongful ouster under 
 section 504.255 and is subject to penalty under section 504.25.  
 The provisions of this section may not be waived or modified by 
 any oral or written lease or other agreement. 

    HIST: (9163) RL s 4051 1/2; 1909 c 496 s 5; 1986 c 444; 1989 c 
 328 art 2 s 7; 1992 c 376 art 1 s 11; 1994 c 502 s 8,9 

     566.175 Unlawful removal or exclusion; recovery of 
  possession. 

    Subdivision 1.    Unlawful exclusion or removal.  For 
 purposes of this section, "unlawfully removed or excluded" means 
 actual or constructive removal or exclusion.  Actual or 
 constructive removal or exclusion may include the termination of 
 utilities, or the removal of doors, windows, or locks.  Any 
 tenant who is unlawfully removed or excluded from lands or 
 tenements which are demised or let to the tenant may recover 
 possession of the premises in the following manner: 

    (a) The tenant shall present a verified petition to the 
 county or municipal court of the county in which the premises 
 are located, which petition shall: 

    (1) describe the premises of which possession is claimed 
 and the owner, as defined in section 566.18, subdivision 3, of 
 the premises; 

    (2) specifically state the facts and grounds that 
 demonstrate that the removal or exclusion was unlawful including 
 a statement that no judgment and writ of restitution have been 
 issued under section 566.09 in favor of the owner and against 
 petitioner as to the premises and executed in accordance with 
 section 566.17; and 

    (3) ask for possession thereof.  

    (b) If it clearly appears from the specific grounds and 
 facts stated in the verified petition or by separate affidavit 
 of petitioner or the petitioner's counsel or agent that the 
 removal or exclusion was unlawful, the court shall immediately 
 order that petitioner have possession of the premises.  

    (c) The petitioner shall furnish monetary or other security 
 if any as the court deems appropriate under the circumstances 
 for payment of all costs and damages the defendant may sustain 
 if the order is subsequently found to have been obtained 
 wrongfully.  In determining the appropriateness of any security 
 the court shall consider petitioner's ability to afford monetary 
 security.  

    (d) The court shall direct the order to the sheriff or any 
 constable of the county in which the premises is located and the 
 sheriff or constable shall execute the order immediately by 
 making a demand upon the defendant, if found, or the defendant's 
 agent or other person in charge of the premises, for possession 
 of the premises.  If the defendant fails to comply with the 
 demand, the officer shall take whatever assistance may be 
 necessary and immediately place the petitioner in possession of 
 the premises.  If the defendant or the defendant's agent or 
 other person in control of the premises cannot be found and if 
 there is no person in charge of the premises detained so that no 
 demand can be made, the officer shall immediately enter into 
 possession of the premises and place the petitioner in 
 possession of the premises.  The officer shall also serve the 
 order and verified petition or affidavit without delay upon the 
 defendant or agent, in the same manner as a summons is required 
 to be served in a civil action in district court.  

    Subd. 2.    Motion for dissolution or modification of 
 order.  The defendant by written motion and notice served by 
 mail or personally upon petitioner or petitioner's attorney at 
 least two days prior to the hearing date on the motion may 
 obtain dissolution or modification of the order for possession, 
 issued pursuant to subdivision 1, clause (b), unless the 
 petitioner proves the facts and grounds upon which the writ is 
 issued.  A defendant bringing a motion pursuant to this 
 subdivision may recover possession of the premises only in 
 accordance with sections 566.03 to 566.17 or otherwise provided 
 by law.  Upon the dissolution of the order, the court shall tax 
 costs to petitioner, subject to the provisions of section 
 563.01, and may allow damages and reasonable attorney's fees for 
 the wrongful granting of the order for possession.  If the order 
 is affirmed the court shall tax costs against defendant and may 
 allow petitioner reasonable attorney's fees.  

    Subd. 3.    Finality of order.  An order issued under 
 subdivision 1, clause (b), or affirmed, modified or dissolved 
 under subdivision 2 is a final order for purposes of appeal and 
 either party aggrieved by the order may appeal within ten days 
 after the entry of the order.  If the party appealing remains in 
 possession of the premises, bond shall be conditioned to pay all 
 costs of the appeal, to abide by the order the court may make 
 and to pay all rent and other damages justly accruing to the 
 party excluded from possession during the pendency of the appeal.

    Subd. 4.    Waiver of legal rights invalid.  Any 
 provisions, whether oral or written, of any lease or other 
 agreement whereby any provision of this section is waived by a 
 tenant is contrary to public policy and void. 

    Subd. 5.    Purpose.  The purpose of this section is to 
 provide an additional and summary remedy for tenants unlawfully 
 removed or excluded from rental property and except as where 
 expressly provided in this section, sections 566.03 to 566.17 
 shall not apply to proceedings under this section. 

    Subd. 6.    Application.  This section applies to: 

    (1) tenants as defined in section 566.18, subdivision 2, 
 and including occupants and owners of residential real property 
 which is the subject of a mortgage foreclosure or contract for 
 deed cancellation and as to which the period for redemption or 
 reinstatement of the contract has expired; 

    (2) buildings as that term is defined in section 566.18, 
 subdivision 7; and 

    (3) landlords as the term "owner" is defined in section 
 566.18, subdivision 3, but also including mortgagees and 
 contract for deed vendors. 

    HIST: 1975 c 410 s 5; 1986 c 444; 1989 c 328 art 2 s 8; 1992 c 
 376 art 1 s 12 

     566.18 Remedies for tenants; definitions. 

    Subdivision 1.    Application.  As used in sections 
 566.18 to 566.33, the terms in this section shall have the 
 meanings assigned to them. 

    Subd. 2.    Tenant.  "Tenant" means any person who is 
 occupying a dwelling in a building as defined in subdivision 7, 
 under any agreement, lease, or contract, whether oral or 
 written, and for whatever period of time, which requires the 
 payment of money or exchange of services as rent for the use of 
 the dwelling unit, and all other regular occupants of that 
 dwelling unit, and any resident of a manufactured home park. 

    Subd. 3.    Owner.  "Owner" means the owner or owners of 
 the freehold of the premises or lesser estate therein, contract 
 vendee, receiver, executor, trustee, lessee, agent, or any other 
 person, firm or corporation directly or indirectly in control of 
 a building subject to the provision of the act. 

    Subd. 4.    Commercial tenant.  "Commercial tenant" 
 means any person paying rent in a building defined in 
 subdivision 7 who is not a tenant, as defined in subdivision 2. 

    Subd. 5.    Person.  "Person" means a natural person, 
 corporation, partnership or unincorporated association. 

    Subd. 6.    Violation.  "Violation" means: 

    (a) a violation of any state, county or city health, 
 safety, housing, building, fire prevention, or housing 
 maintenance code applicable to the building; 

    (b) a violation of any of the covenants set forth in 
 section 504.18, subdivision 1, clauses (a) or (b), or in section 
 504.181, subdivision 1; 

    (c) a violation of an oral or written agreement, lease or 
 contract for the rental of a dwelling in a building.  

    Subd. 7.    Building.  "Building" means: 

    (a) a building used in whole or in part as a dwelling, 
 including single family homes, multiple family units such as 
 apartments, and structures containing both dwelling units and 
 units used for nondwelling purposes, and also includes a 
 manufactured home park, or 

    (b) an unoccupied building which was previously used in 
 whole or in part as a dwelling and which constitutes a nuisance 
 under section 561.01. 

    Subd. 8.    Inspector.  "Inspector" means the person 
 charged by the governing body of the political subdivision in 
 which a building is situated, with the responsibility of 
 enforcing provisions of local law, the breach of which could 
 constitute a violation as defined in subdivision 6, clause (a), 
 or if no such person, the county agent of a board of health as 
 authorized under section 145A.04 or the chair of the board of 
 county commissioners, and in the case of a manufactured home 
 park, the state department of health, or its designee. 

    Subd. 9.    Neighborhood organization.  "Neighborhood 
 organization" means a nonprofit corporation incorporated under 
 chapter 317A that satisfies clauses (1) and (2).  

    The corporation shall:  

    (1) designate in its articles of incorporation or bylaws a 
 specific geographic community to which its activities are 
 limited; and 

    (2) be formed for the purposes of promoting community 
 safety, crime prevention, and housing quality in a 
 nondiscriminatory manner. 

    For purposes of this chapter, an action taken by a 
 neighborhood organization with the written permission of a 
 tenant means, with respect to a building with multiple dwelling 
 units, an action taken by the neighborhood organization with the 
 written permission of the tenants of a majority of the occupied 
 units. 

    HIST: 1973 c 611 s 13; 1978 c 598 s 2,3; 1982 c 526 art 2 s 
 17-19; 1986 c 444; 1987 c 309 s 24; 1989 c 304 s 137; 1990 c 451 
 s 2,3; 1992 c 376 art 1 s 13; 1993 c 317 s 14,15; 1997 c 239 art 
 12 s 6 

     566.19 Inspection, notice. 

    Subdivision 1.  Upon demand by a tenant, neighborhood 
 organization with the written permission of a tenant or, if a 
 building is unoccupied, by a neighborhood organization, an 
 inspection shall be made by the local authority charged with 
 enforcing the code claimed to be violated. 

    Subd. 2.  After an inspection of a building has been made 
 upon demand by a tenant or neighborhood organization with the 
 written permission of a tenant, the owner or the owner's agent 
 and the complaining tenant or neighborhood organization shall be 
 informed in writing by the inspector of any code violations 
 discovered and a reasonable period of time shall be allowed in 
 which to correct the violations. 

    Subd. 3.  Where an inspection has been made, no action 
 shall be brought pursuant to sections 566.18 to 566.33 except on 
 expiration of the time thus granted without satisfactory repairs 
 being accomplished to remove the code violations unless the 
 tenant or neighborhood organization with the written permission 
 of a tenant shall allege the time is excessive. 

    Subd. 4.  No action may be commenced pursuant to sections 
 566.18 to 566.33 by a tenant of a building in which a violation 
 as defined in section 566.18, subdivision 6, clause (b) or (c), 
 is alleged to exist or by a neighborhood organization with the 
 written permission of a tenant of a building in which a 
 violation as defined in section 566.18, subdivision 6, clause 
 (b), is alleged to exist unless the owner is informed in writing 
 of the alleged violation at least 14 days prior to the 
 commencement of the action.  The notice requirement may be 
 waived upon a finding by the court that the owner cannot be 
 located despite diligent efforts. 

    HIST: 1973 c 611 s 14; 1978 c 598 s 4-6; 1986 c 444; 1990 c 
 451 s 4 

     566.20 Special proceeding. 

    Subdivision 1.  An action may be brought in district court 
 by any tenant of a building in which a violation, as defined in 
 section 566.18, subdivision 6, is alleged to exist, or by any 
 neighborhood organization with the written permission of a 
 tenant of a building in which a violation, as defined in section 
 566.18, subdivision 6, clause (a) or (b), is alleged to exist, 
 or by a neighborhood organization that has within its 
 geographical area an unoccupied building in which a violation, 
 as defined in section 566.18, subdivision 6, clause (a) or (b), 
 is alleged to exist, or state, county or local department, or 
 authority, charged with the enforcement of codes relating to 
 health, housing, or building maintenance. 

    Subd. 2.  The venue of the action authorized by this 
 section shall be within the county in which the building alleged 
 to contain violations is located. 

    Subd. 3.  The action shall be commenced by service of a 
 complaint and summons, which summons may be issued only by a 
 judge or court administrator. 

    Subd. 4.  The complaint shall be verified and shall: 

    (a) Allege material facts showing that there then exists in 
 the building a violation or violations; 

    (b) State the relief sought; 

    (c) List the rents due each month from each dwelling unit 
 within the building, if known; and 

    (d) If the violation is a violation as defined in section 
 566.18, subdivision 6, clause (a), be accompanied by a copy of 
 the official report of inspection by any department of health, 
 housing or buildings, certified by the custodian of records of 
 that department stating 

    (1) when and by whom the building concerned was inspected, 

    (2) what code violations were recorded, and 

    (3) that notice of the code violations has been given to 
 the building owner; or 

    (e) If the violation is a violation as defined in section 
 566.18, subdivision 6, clause (a), be accompanied by a statement 
 that a request for inspection was made to the appropriate state, 
 county or municipal department and demand made upon the owner to 
 correct the alleged code violation and that a reasonable period 
 of time has elapsed since the demand or request was made. 

    HIST: 1973 c 611 s 15; 1978 c 598 s 7; 1Sp1986 c 3 art 1 s 82; 
 1990 c 451 s 5 

     566.205 Emergency relief proceeding. 

    Subdivision 1.    Petition.  A person authorized to 
 bring an action under section 566.20 may petition the court for 
 relief in cases of emergency involving the loss of running 
 water, hot water, heat, electricity, sanitary facilities, or 
 other essential services or facilities that the owner is 
 responsible for providing. 

    Subd. 2.    Venue.  The venue of the action is within 
 the county where the building alleged to contain the emergency 
 condition is located. 

    Subd. 3.    Petition information.  The petitioner shall 
 present a verified petition to the district court that states 
 the following: 

    (1) a description of the premises and the identity of the 
 owner; 

    (2) a statement of the facts and grounds that demonstrate 
 the existence of an emergency caused by the loss of essential 
 services or facilities; and 

    (3) a request for relief. 

    Subd. 4.    Notice.  The petitioner shall attempt to 
 notify the owner, at least 24 hours before application to the 
 court, of the petitioner's intent to seek emergency relief.  An 
 order may be granted without notice to the owner on finding that 
 reasonable efforts, as set forth in the petition or by separate 
 affidavit, were made to notify the owner but that the efforts 
 were unsuccessful. 

    Subd. 5.    Relief; service of order.  The court may 
 order relief as provided in section 566.25.  The petitioner 
 shall serve the order on the owner personally or by mail as soon 
 as practicable. 

    Subd. 6.    Limitation.  The tenant remedy under this 
 section does not extend to emergencies which are the result of 
 the deliberate or negligent act or omission of a tenant or 
 anyone acting under the direction or control of the tenant. 

    Subd. 7.    Effect of other laws.  The requirements of 
 section 566.19 do not apply to a petition for emergency relief 
 under this section. 

    HIST: 1989 c 214 s 1 

     566.21 Summons.  

    Subdivision 1.  Upon receipt of the complaint, the court 
 administrator shall prepare a summons.  Said summons shall: 

    (a) Specify the time and place of the hearing to be held on 
 the complaint, which hearing shall be not less than five or more 
 than ten days after receipt of the complaint by the court 
 administrator; and 

    (b) State that if at that time a defense is not interposed 
 and established by the defendant, judgment may be entered for 
 the relief requested and authorized by Laws 1973, chapter 611.  

    Subd. 2.  The summons and complaint shall be served upon 
 the owner or the owner's agent at least five and not more than 
 ten days before the time at which the complaint is to be heard.  
 Service shall be by personal service upon the defendant pursuant 
 to the Minnesota rules of civil procedure except that if such 
 service cannot be made with due diligence, service may be made 
 by affixing a copy of the summons and complaint prominently to 
 the building involved, and mailing at the same time a copy of 
 the summons and complaint by certified mail to the last known 
 address of the defendant.  

    HIST: 1973 c 611 s 16; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     566.22 Answer.  

    At or before the time when the petition is to be heard, the 
 defendant may answer in writing.  Defenses not set out in a 
 written answer must be orally pleaded at the hearing prior to 
 the taking of any testimony.  No delays in the date of hearing 
 shall be granted to allow time to prepare a written answer or 
 reply except with the consent of all parties.  

    HIST: 1973 c 611 s 17 

     566.23 Defenses. 

    It shall be a sufficient defense that: 

    (a) The violation or violations alleged in the complaint do 
 not in fact exist or that the violation or violations have been 
 removed or remedied; or 

    (b) The violations have been caused by the willful, 
 malicious, negligent or irresponsible conduct of a complaining 
 tenant or anyone under the tenant's direction or control; or 

    (c) Any tenant of the building has unreasonably refused 
 entry to the owner or the owner's agent to a portion of the 
 premises for the purpose of correcting the violation, and the 
 effort to correct was made in good faith. 

    HIST: 1973 c 611 s 18; 1978 c 598 s 8; 1986 c 444 

     566.24 Hearing.  

    When issues of fact are raised, they shall be tried by the 
 court without a jury at the time when issue is joined.  The 
 court may grant a postponement of such trial on its own motion 
 or at the request of any party if it should determine that such 
 postponements are necessary to enable any party to procure 
 necessary witnesses, or evidence, but each postponement shall be 
 for no more than ten days except by consent of all appearing 
 parties.  

    HIST: 1973 c 611 s 19 

     566.25 Judgment. 

    Upon finding the complaint proved, the court may, in its 
 discretion, do any or all of the following, either alone or in 
 combination: 

    (a) Order the owner to remedy the violation or violations 
 found by the court to exist if the court is satisfied that 
 corrective action will be undertaken promptly; or 

    (b) Order the tenant to remedy the violation or violations 
 found by the court to exist and deduct the cost from the rent 
 subject to the terms as the court determines to be just; or 

    (c) Appoint an administrator with powers as set out in 
 section 566.29, and 

    (1) direct that rents due: 

    (i) on and from the day of entry of judgment, in the case 
 of petitioning tenants or neighborhood organizations, and 

    (ii) on and from the day of service of the judgment on all 
 other tenants and commercial tenants of the building, if any, 
 shall be deposited with the administrator appointed by the 
 court, and 

    (2) direct that the administrator use the rents collected 
 for the purpose of remedying the violations found to exist by 
 the court paying the debt service, taxes and insurance, and 
 providing the services necessary to the ordinary operation and 
 maintenance of the building which the owner is obligated to 
 provide but fails or refuses to provide; or 

    (d) Find the extent to which any uncorrected violations 
 impair the tenants' use and enjoyment of the premises contracted 
 for and order the rent abated accordingly.  Should the court 
 choose to enter judgment under this paragraph the parties shall 
 be informed and the court shall find the amount by which the 
 rent shall be abated; 

    (e) After termination of administration, continue the 
 jurisdiction of the court over the building for a period of one 
 year and order the owner to maintain the building in compliance 
 with all applicable state, county, and city health, safety, 
 housing, building, fire prevention, and housing maintenance 
 codes; and 

    (f) Grant any other relief the court deems just and proper, 
 including a judgment against the owner for reasonable attorney 
 fees, not to exceed $500, in the case of a prevailing tenant or 
 neighborhood organization.  The $500 limitation does not apply 
 to awards made under section 549.211 or other specific statutory 
 authority.  

    HIST: 1973 c 611 s 20; 1982 c 492 s 3; 1986 c 444; 1990 c 451 
 s 6; 1997 c 213 art 2 s 2 

     566.26 Service of judgment.  

    A copy of the judgment shall be personally served on every 
 tenant and commercial tenant of the building whose obligations 
 will be affected by the judgment.  If personal service cannot be 
 had with due diligence service may be had by posting a notice of 
 the judgment on the entrance door of the tenant's dwelling or 
 commercial tenant's unit and by mailing a copy of the judgment 
 to such tenant or commercial tenant by certified mail.  

    HIST: 1973 c 611 s 21 

     566.27 Owner's right to collect rent suspended.  

    When an administrator has been appointed pursuant to 
 section 566.25, clause (c), any right of the owner to rent 
 moneys from the time of judgment or service of judgment as set 
 out in section 566.21 shall be void and unenforceable until the 
 administration is terminated.  

    HIST: 1973 c 611 s 22 

     566.28 Eviction proceedings by owner limited. 

    A tenant may not be evicted, nor may the tenant's 
 obligations under a rental agreement be increased nor the 
 services decreased, if the eviction or increase of obligations 
 or decrease of services is intended as a penalty for the 
 tenant's or neighborhood organization's complaint of a violation.
 The burden of proving otherwise shall be on the owner if said 
 eviction or increase of obligations or decrease of services 
 occurs within 90 days after the filing of the complaint, unless 
 it is found that the complaint was not made in good faith.  
 After 90 days the burden of proof shall be on the tenant.  

    HIST: 1973 c 611 s 23; 1986 c 444; 1990 c 451 s 7 

     566.29 Administrator. 

    Subdivision 1.    Administrator.  The administrator may 
 be a person, local government unit or agency, other than an 
 owner of the building, the inspector, the complaining tenant or 
 any person living in the complaining tenant's dwelling unit.  If 
 a state or court agency is authorized by statute, ordinance or 
 regulation to provide persons or neighborhood organizations to 
 act as administrators under this section, the court may appoint 
 such persons or neighborhood organizations as administrators to 
 the extent they are available.  

    Subd. 2.    Posting bond.  Such person or neighborhood 
 organization shall post bond to the extent of the rents expected 
 by the court to be necessary to be collected to correct the 
 violation or violations.  Administrators appointed from the 
 governmental agencies shall not be required to give bond.  

    Subd. 3.    Expenses.  The court may allow a reasonable 
 amount for the services of administrators, and the expense of 
 the administration from any rent money, or upon termination of 
 administration, may enter judgment against the owner in a 
 reasonable amount for the services and expenses incurred by the 
 administrator.  

    Subd. 4.    Powers.  The administrator is authorized to: 

    (a) collect rents from tenants and commercial tenants, 
 evict tenants and commercial tenants for nonpayment of rent or 
 other cause, enter into leases for vacant dwelling units, rent 
 vacant commercial units with the consent of the owner and 
 exercise all other powers necessary and appropriate to carry out 
 the purposes of Laws 1973, chapter 611; 

    (b) contract for the reasonable cost of materials, labor 
 and services necessary to remedy the violation or violations 
 found by the court to exist and for the rehabilitation of the 
 property in order to maintain safe and habitable conditions over 
 the useful life of the property, and make disbursements for 
 payment therefor from funds available for the purpose; 

    (c) provide any services to the tenants which the owner is 
 obligated to provide but refuses or fails to provide, and pay 
 for them from funds available for the purpose; 

    (d) petition the court, after notice to the parties, for an 
 order allowing the administrator to encumber the premises to 
 secure funds to the extent necessary to cover the cost of 
 materials, labor, and services, including reasonable fees for 
 the administrator's services, necessary to remedy the violation 
 or violations found by the court to exist and for rehabilitation 
 of the property in order to maintain safe and habitable 
 conditions over the useful life of the property, and to pay for 
 them from funds derived from the encumbrance; and 

    (e) petition the court, after notice to the parties, for an 
 order allowing the administrator to receive funds made available 
 for this purpose by the federal or state governing body or the 
 municipality to the extent necessary to cover the cost of 
 materials, labor, and services necessary to remedy the violation 
 or violations found by the court to exist and for rehabilitation 
 of the property in order to maintain safe and habitable 
 conditions over the useful life of the property, and pay for 
 them from funds derived from this source.  The municipality 
 shall recover disbursements by special assessment on the real 
 estate affected, bearing interest at the rate determined by the 
 municipality, not exceeding the rate established for finance 
 charges for open-end credit sales under section 334.16, 
 subdivision 1, clause (b), with the assessment, interest and any 
 penalties to be collected the same as special assessments made 
 for other purposes under state statute or municipal charter. 

    Subd. 5.    Termination of administration.  At any time 
 during the administration the administrator, or any party, may 
 petition the court after notice to all parties for an order 
 terminating the administration on the ground that the funds 
 available to the administrator are insufficient to effect the 
 prompt remedy of the violations.  Upon finding the petition 
 proved the court shall terminate the administration and proceed 
 to judgment pursuant to the provisions of section 566.25, clause 
 (d).  

    Subd. 6.    Building repairs and services.  The 
 administrator must first contract and pay for building repairs 
 and services necessary to keep the building habitable before 
 other expenses may be paid.  If sufficient funds are not 
 available for paying other expenses, such as tax and mortgage 
 payments, after paying for necessary repairs and services, the 
 owner is responsible for the other expenses. 

    Subd. 7.    Administrator's liability.  The 
 administrator may not be held personally liable in the 
 performance of duties under this section except for misfeasance, 
 malfeasance, or nonfeasance of office. 

    Subd. 8.    Dwelling's economic viability.  In 
 considering whether to grant the administrator funds under 
 subdivision 4, the court must consider factors relating to the 
 long-term economic viability of the dwelling.  The court's 
 analysis must consider factors including the causes leading to 
 the appointment of an administrator, the repairs necessary to 
 bring the property into code compliance, the market value of the 
 property, and whether present and future rents will be 
 sufficient to cover the cost of repairs or rehabilitation. 

    HIST: 1973 c 611 s 24; 1982 c 492 s 4; 1986 c 444; 1989 c 328 
 art 2 s 9-13; 1990 c 451 s 8-10; 1992 c 376 art 1 s 14,15 

     566.291 Receivership revolving loan fund. 

    The Minnesota housing finance agency may establish a 
 revolving loan fund to pay the administrative expenses of 
 receivership administrators under section 566.29 for properties 
 for occupancy by low- and moderate-income persons or families.  
 Property owners are responsible for repaying administrative 
 expense payments made from the fund. 

    HIST: 1989 c 328 art 2 s 14 

     566.30 Removal of administrator.  

    Subdivision 1.  The administrator may, upon notice to all 
 parties, petition the court to be relieved of duties, setting 
 forth reasons therefor.  The court may, in its discretion, grant 
 such petition and discharge the administrator upon approval of 
 the accounts.  

    Subd. 2.  Any party may, upon notice to the administrator 
 and all other parties, petition the court to remove the 
 administrator.  Upon good cause shown, the court shall order the 
 administrator removed and direct the administrator to deliver to 
 the court forthwith an accounting of administration.  The court 
 may make any other order necessary and appropriate under the 
 circumstances.  

    Subd. 3.  In the event the administrator is removed, the 
 court shall appoint a new administrator in accordance with the 
 provisions of section 566.29, giving all parties an opportunity 
 to be heard on the matter of the appointment.  

    HIST: 1973 c 611 s 25; 1986 c 444 

     566.31 Termination of administration.  

    Subdivision 1.  The administration shall be terminated upon 
 the occurrence of one of the following: 

    (a) The securing of certification from the appropriate 
 governmental agency that the violations found by the court to 
 exist at the time of judgment have been remedied; or 

    (b) An order pursuant to section 566.29, subdivision 5.  

    Subd. 2.  Upon the occurrence of any of the conditions for 
 termination in subdivision 1, the administrator shall: 

    (a) Submit to the court an accounting of receipts and 
 disbursements of the administration together with copies of all 
 bills, receipts and other memoranda pertaining to all 
 transactions reflected therein, and, where appropriate, a 
 certification, by an appropriate governmental agency, that the 
 violations found by the court to exist at the time of judgment 
 have been remedied; and 

    (b) Comply with any other order the court shall make as a 
 condition of discharge.  

    Subd. 3.  Upon approval by the court of the administrator's 
 accounts and compliance by the administrator with any other 
 order the court may make as a condition of discharge, the court 
 shall discharge the administrator from any further 
 responsibilities pursuant to Laws 1973, chapter 611.  

    HIST: 1973 c 611 s 26; 1986 c 444 

     566.32 Waiver prohibited.  

    Any provision, whether oral or written, of any lease or 
 other agreement whereby any provision of Laws 1973, chapter 611, 
 is waived by a tenant shall be deemed contrary to public policy 
 and void.  

    HIST: 1973 c 611 s 27 

     566.33 Purpose to provide additional remedies.  

    The purpose of Laws 1973, chapter 611, is to provide 
 additional remedies and nothing herein contained shall alter the 
 ultimate financial liability of the owner or tenant for repairs 
 or maintenance of the building.  

    HIST: 1973 c 611 s 28 

     566.34 Escrow of rent to remedy violations. 

    Subdivision 1.    Definitions.  The definitions in 
 section 566.18 apply to this section. 

    Subd. 2.    Escrow of rent.  If a violation exists in a 
 building, a tenant may deposit the amount of rent due to the 
 owner with the court administrator using the following procedure:

    (a) For a violation of section 566.18, subdivision 6, 
 clause (a), the tenant may deposit with the court administrator 
 the rent due the owner along with a copy of the written notice 
 of the code violation as provided in section 566.19, subdivision 
 2.  The tenant may not deposit the rent or file the written 
 notice of the code violation until the time granted to make 
 repairs has expired without satisfactory repairs being made, 
 unless the tenant alleges that the time granted is excessive. 

    (b) For a violation of section 566.18, subdivision 6, 
 clause (b) or (c), the tenant must give written notice to the 
 owner specifying the violation.  The notice must be delivered 
 personally or sent to the person or place where rent is normally 
 paid.  If the violation is not corrected within 14 days, the 
 tenant may deposit the amount of rent due to the owner with the 
 court administrator along with an affidavit specifying the 
 violation.  The court must provide a simplified form affidavit 
 for use under this clause. 

    (c) The tenant need not deposit rent if none is due to the 
 owner at the time the tenant otherwise files the notice required 
 by this subdivision.  All rent which thereafter becomes due to 
 the owner prior to the hearing under this section must be 
 deposited with the court administrator.  As long as proceedings 
 are pending under this section, the tenant must pay rent to the 
 owner or as directed by the court and may not withhold rent to 
 remedy a violation. 

    Subd. 3.    Counterclaim for possession.  The owner may 
 file a counterclaim for possession of the premises in cases 
 where the owner alleges that the tenant did not deposit the full 
 amount of rent with the court administrator.  The court must set 
 the date for a hearing on the counterclaim not less than seven 
 nor more than 14 days from the day of filing the counterclaim.  
 If the rent escrow hearing and the hearing on the counterclaim 
 for possession cannot be heard on the same day, the matters must 
 be consolidated and heard on the date scheduled for the hearing 
 on the counterclaim.  The contents of the counterclaim for 
 possession must meet the requirements for a complaint in 
 unlawful detainer under section 566.05.  The owner must serve 
 the counterclaim as provided in section 566.06, except that the 
 affidavits of service or mailing may be brought to the hearing 
 rather than filed with the court before the hearing.  The court 
 must provide a simplified form for use under this section. 

    Subd. 4.    Defenses.  The defenses provided in section 
 566.23 are defenses to an action brought under this section. 

    Subd. 5.    Filing fee.  The court administrator may 
 charge a filing fee in the amount set for complaints and 
 counterclaims in conciliation court, subject to the filing of an 
 inability to pay affidavit.  

    Subd. 6.    Notice of hearing.  A hearing must be held 
 within ten to 14 days of the day a tenant deposits rent with the 
 court administrator.  If the cost of remedying the violation, as 
 estimated by the tenant, is within the jurisdictional limit for 
 conciliation court, the court administrator shall notify the 
 owner and the tenant of the time and place of the hearing by 
 first class mail.  The tenant must provide the court 
 administrator with the owner's name and address.  If the owner 
 has disclosed a post office box as the owner's address under 
 section 504.22, notice of the hearing may be mailed to the post 
 office box.  If the cost of remedying the violation, as 
 estimated by the tenant, is above the jurisdictional limit for 
 conciliation court, the tenant must serve the notice of hearing 
 according to the Rules of Civil Procedure.  The notice of 
 hearing must specify the amount the tenant has deposited with 
 the court administrator, and must inform the owner that 
 possession of the premises will not be in issue at the hearing 
 unless the owner files a counterclaim for possession or an 
 action under sections 566.01 to 566.17.  

    Subd. 7.    Hearing.  The hearing shall be conducted by 
 a court without a jury.  A certified copy of an inspection 
 report meets the requirements of rule 803(8) of the Rules of 
 Evidence as an exception to the rule against hearsay, and meets 
 the requirements of rules 901 and 902 of the Rules of Evidence 
 as to authentication. 

    Subd. 8.    Release of rent prior to hearing.  If the 
 tenant gives written notice to the court administrator that the 
 violation has been remedied, the court administrator must 
 release the rent to the owner and, unless the hearing has been 
 consolidated with another action, must cancel the hearing.  If 
 the tenant and the owner enter into a written agreement signed 
 by both parties apportioning the rent between them, the court 
 administrator must release the rent in accordance with the 
 written agreement and cancel the hearing. 

    Subd. 9.    Consolidation with unlawful detainer.  
 Actions under this section and actions in unlawful detainer 
 brought under sections 566.01 to 566.17 which involve the same 
 parties must be consolidated and heard on the date scheduled for 
 the unlawful detainer. 

    Subd. 10.    Judgment.  (a) Upon finding that a 
 violation exists, the court may, in its discretion, do any or 
 all of the following: 

    (1) order relief as provided in section 566.25, including 
 retroactive rent abatement; 

    (2) order that all or a portion of the rent in escrow be 
 released for the purpose of remedying the violation; 

    (3) order that rent be deposited with the court as it 
 becomes due to the owner or abate future rent until the owner 
 remedies the violation; or 

    (4) impose fines as required in section 566.35.  

    (b) When a proceeding under this section has been 
 consolidated with a counterclaim for possession or an action in 
 unlawful detainer under sections 566.01 to 566.17, and the owner 
 prevails, the tenant may redeem the tenancy as provided in 
 section 504.02. 

    (c) When a proceeding under this section has been 
 consolidated with a counterclaim for possession or an action 
 under an unlawful detainer under sections 566.01 to 566.17 on 
 the grounds of nonpayment, the court may not require the tenant 
 to pay the owner's filing fee as a condition of retaining 
 possession of the premises when the tenant has deposited with 
 the court the full amount of money found by the court to be owed 
 to the owner. 

    Subd. 11.    Release of rent after hearing.  Upon 
 finding, after a hearing on the matter has been held, that no 
 violation exists in the building or that the tenant did not 
 deposit the full amount of rent due with the court 
 administrator, the court shall order the immediate release of 
 the rent to the owner.  Upon finding that a violation existed, 
 but was remedied between the commencement of the action and the 
 hearing, the court may order rent abatement and must release the 
 rent to the parties accordingly.  Any rent found to be owed to 
 the tenant must be released to the tenant.  

    Subd. 12.    Retaliation; waiver; rights as additional.  
 The provisions of section 566.28 apply to proceedings under this 
 section.  The tenant rights under this section may not be waived 
 or modified and are in addition to and do not limit other rights 
 or remedies which may be available to the tenant and owner, 
 except as provided in subdivision 2. 

    HIST: 1989 c 328 art 2 s 15; 1992 c 376 art 5 s 4 

     566.35 Violations of building repair orders. 

    Subdivision 1.    Noncompliance; fines.  Upon finding an 
 owner has willfully failed to comply with a court order to 
 remedy a violation, the court shall fine the owner according to 
 the following schedule:  

    (1) $250 for the first failure to comply; 

    (2) $500 for the second failure to comply with an order 
 regarding the same violation; and 

    (3) $750 for the third and each subsequent failure to 
 comply with an order regarding the same violation.  

    Subd. 2.    Criminal penalty.  An owner who willfully 
 fails to comply with a court order to remedy a violation is 
 guilty of a gross misdemeanor if it is the third or subsequent 
 time that the owner has willfully failed to comply with an order 
 to remedy a violation within a three-year period. 

    Subd. 3.  Repealed, 1989 c 328 art 2 s 19 

    HIST: 1989 c 328 art 2 s 16