1998 Minnesota Statutes

     504A.301 Scope; complaint and summons. 

    Subdivision 1.    Scope.  Sections 504A.301 to 504A.415 
 govern eviction proceedings. 

    Subd. 2.    Complaint and summons.  (a) To bring an 
 action for eviction, a landlord or person entitled to possession 
 must 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 property, stating the 
 facts that authorize the action, and asking that the occupant be 
 evicted.  The lack of the full name and date of birth of the 
 occupant does not deprive the court of jurisdiction or make the 
 complaint invalid.  

    (b) The court shall issue a summons, ordering the occupant 
 to appear before the court on a day and at a place stated in the 
 summons.  

    (c) The appearance must be ordered within seven to 14 days 
 from the day of issuing the summons, except as provided by 
 paragraph (d). 

    (d) In an eviction action brought under section 504A.701 or 
 on the basis that the occupant 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 occupant 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.

    (e) A copy of the complaint must be attached to the 
 summons, which must state that the copy is attached and that the 
 original has been filed.  

    HIST: 1998 c 253 s 37