1998 Minnesota Statutes

     504A.205 Termination of tenancy or occupancy. 

    Subdivision 1.    Sale of property.  (a) A landlord or 
 person entitled to possession may evict an occupant if the 
 occupant refuses to leave the property after: 

    (1) an execution or judgment sale; 

    (2) foreclosure of a mortgage and expiration of the time 
 for redemption; or 

    (3) termination of a contract to convey the mortgage.  

    (b) If the occupant in paragraph (a), clause (2) or (3), is 
 a renter, the landlord or person entitled to possession must 
 give the renter at least one month's written notice to vacate: 

    (1) no sooner than one month after the expiration of the 
 time described in paragraph (a), clause (2) or (3), provided 
 that the renter pays the rent and abides by all terms of the 
 lease; or 

    (2) no later than the date of the expiration of the time 
 described in paragraph (a), clause (2) or (3), provided that the 
 notice states that the landlord or person entitled to possession 
 will hold the renter harmless for breaching the lease by 
 vacating the property if the mortgage is redeemed or the 
 contract is reinstated.  

    Subd. 2.    Holding over.  A landlord or person entitled 
 to possession may evict an occupant: 

    (1) if the occupant refuses to leave the property on 
 expiration of a lease or other agreement; 

    (2) if the occupant violates a condition of the lease or 
 other agreement; or 

    (3) after rent is due under the terms of a lease or 
 agreement.  

    Subd. 3.    Combining allegations.  (a) An action for 
 eviction may combine the allegation of nonpayment of rent and 
 the allegation of material violation of the lease, which must be 
 heard as alternative grounds. 

    (b) In cases where rent is outstanding, a renter is not 
 required to pay into court the amount of rent in arrears, 
 interest, and costs as required under section 504A.201 to defend 
 against an allegation by the landlord that the renter 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 renter shall be permitted to present defenses 
 to the court that the rent is not owing.  The renter 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 
 renter to pay rent and any costs determined to be due directly 
 to the landlord or to be deposited with the court.  

    Subd. 4.    No eviction if renter holds over for three 
 years.  Other than an action in ejectment, a landlord may not 
 bring an action to evict a renter in quiet possession more than 
 three years after termination of a lease.  

    Subd. 5.    Distress for rent.  The remedy of distress 
 for rent is abolished.  

    HIST: 1998 c 253 s 20