1998 Minnesota Statutes

     504A.245 Abandonment of personal property by residential 
  tenant. 

    Subdivision 1.    Duty of landlord.  (a) If a 
 residential tenant abandons real property, the landlord may take 
 possession of the tenant's personal property remaining on the 
 property and shall store and care for the property.  The 
 landlord has a claim against the tenant for reasonable costs and 
 expenses incurred in removing, storing, and caring for the 
 property. 

    (b) The landlord may sell or otherwise dispose of the 
 property 60 days after receiving actual notice of the 
 abandonment of the real property or 60 days after it reasonably 
 appears to the landlord that the residential tenant has 
 abandoned the real property, whichever occurs last.  The 
 landlord may apply a reasonable amount of the proceeds of the 
 sale to the removal, care, and storage costs and expenses or to 
 any claims authorized pursuant to section 504A.241, subdivision 
 3, paragraphs (a) and (b).  Any remaining proceeds of the sale 
 must be paid to the tenant upon written demand.  

    (c) The landlord shall make reasonable efforts to notify 
 the residential tenant of the sale at least 14 days prior to the 
 sale by:  

    (1) personal service in writing or by sending written 
 notification of the sale by certified mail, return receipt 
 requested, to the residential tenant's last known address or 
 usual place of abode, if known by the landlord; and 

    (2) posting notice of the sale in a conspicuous place on 
 the property for at least two weeks.  

    Subd. 2.    Landlord's liability for damages on failure to 
 return property.  (a) The landlord, an agent, or other person 
 acting under the landlord's direction or control, who is in 
 possession of a residential tenant's personal property, must 
 allow the residential tenant to retake possession of the 
 property after written demand by the residential tenant or 
 authorized representative:  

    (1) within 24 hours; or 

    (2) within 48 hours, exclusive of weekends and holidays, if 
 the landlord, an agent, or other person acting under the 
 landlord's direction or control has removed and stored the 
 personal property in accordance with subdivision 1 in a location 
 other than the rental property. 

    (b) Except as specified in paragraph (c), if the landlord 
 fails to comply with paragraph (a), the residential tenant shall 
 recover punitive damages from the landlord not to exceed $300 in 
 addition to actual damages and reasonable attorney fees.  In 
 determining the amount of punitive damages, the court shall 
 consider:  

    (1) the nature and value of the property; 

    (2) the effect the deprivation of the property has had on 
 the residential tenant; 

    (3) if the landlord, an agent, or other person acting under 
 the landlord's direction or control unlawfully took possession 
 of the residential tenant's property; and 

    (4) if the landlord, an agent, or other person acting under 
 the landlord's direction or control acted in bad faith in 
 failing to allow the residential tenant to retake possession of 
 the property. 

    (c) Paragraph (b) does not apply to landlords who are 
 housing authorities created or authorized to be created by 
 sections 469.001 to 469.047, their agents, and employees. 

    (d) This subdivision does not apply to personal property 
 that has been sold or otherwise disposed of by the landlord in 
 accordance with subdivision 1.  

    Subd. 3.    Landlord's liability for storage expenses.  
 If the landlord, an agent, or other person acting under the 
 landlord's direction or control has unlawfully taken possession 
 of a residential tenant's personal property, the landlord is 
 responsible for paying the costs and expenses relating to the 
 removal, storage, or care of the property.  

    HIST: 1998 c 253 s 28