1998 Minnesota Statutes

     504A.201 Landlord's claim for recovery of property; 
  renter's right to possession. 

    Subdivision 1.    Action to recover.  (a) When a renter 
 is in arrears in payment of rent, a landlord may bring an action 
 to recover possession of the property and such an action is 
 equivalent to a demand for the rent and a reentry upon the 
 property.  Unless an action is pending under section 504A.205, 
 subdivision 3, for recovery of the property alleging a material 
 violation of the lease, the renter may, at any time before 
 possession has been delivered, redeem the tenancy and be 
 restored to possession by paying to the landlord the amount of 
 the rent, with interest, that is in arrears, costs of the 
 action, and an attorney fee not to exceed $5, and by performing 
 any other covenants of the lease.  

    (b) If the renter has paid to the landlord or brought into 
 court the amount of rent in arrears but is unable to pay the 
 interest, costs of the action, and attorney fees required by 
 paragraph (a), the court may permit the renter to pay these 
 amounts into court and be restored to possession within the same 
 period of time, if any, for which the court stays the issuance 
 of the order to vacate under section 504A.325. 

    (c) Prior to or after commencement of an action to recover 
 possession for nonpayment of rent, the parties may agree only in 
 writing that partial payment of rent in arrears which is 
 accepted by the landlord prior to issuance of the order granting 
 restitution of the premises pursuant to section 504A.325 may be 
 applied to the balance due and does not waive the landlord's 
 action to recover possession of the premises for nonpayment of 
 rent. 

    (d) Rental payments under this subdivision must first be 
 applied to rent claimed due in the complaint from prior rental 
 periods before applying any payment toward rent claimed due in 
 the complaint for the current rental period, unless the court 
 finds that under the circumstances the claim for rent from prior 
 rental periods has been waived.  

    Subd. 2.    Lease greater than 20 years.  (a) If the 
 lease under which an action is brought under subdivision 1 is 
 for a term of more than 20 years, the action may not begin until 
 the landlord serves a written notice on the renter and on all 
 creditors with legal or equitable recorded liens on the property.
 The notice must state: 

    (1) the lease will be canceled unless the amounts, 
 agreements, and legal obligations in default are paid or 
 performed within 30 days, or a longer specified period; and 

    (2) if the amounts, agreements, and legal obligations are 
 not paid or performed within that period, then the landlord may 
 evict the renter at the expiration of the period.  

    (b) If the lease provides that the landlord must give more 
 than the 30 days' notice provided in paragraph (a), then notice 
 must be the same as that provided in the lease.  

    (c) The renter may be restored to possession of the 
 property under the terms of the original lease if, before the 
 expiration of six months after the landlord obtains possession 
 due to the renter's abandonment or surrender of the property or 
 the landlord prevails in the action, the renter or a creditor 
 holding a legal or equitable lien on the property: 

    (1) pays to the landlord or brings into court the amount of 
 rent then in arrears, with interest and the costs of the action; 
 and 

    (2) performs the other agreements or legal obligations that 
 are in default. 

    HIST: 1998 c 253 s 19