1998 Minnesota Statutes

     504A.325 Order to vacate; fine; execution. 

    Subdivision 1.    General.  (a) If the court or jury 
 finds for the plaintiff, the court shall immediately enter 
 judgment and execute an order that the defendant must vacate the 
 property and that costs are assessed against the defendant.  The 
 court shall stay the order to vacate for a reasonable period, 
 but not more than seven days, if the defendant shows that 
 immediate vacation of the property would be a substantial 
 hardship on the defendant or the defendant's family, except that 
 this provision does not apply to actions brought: 

    (1) under section 504A.705 as required by section 609.5317, 
 subdivision 1; 

    (2) under section 504A.701; 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.  

    (b) If the court or jury finds for the defendant, the court 
 shall enter judgment for the defendant assessing costs against 
 the plaintiff and issue a writ of execution for the costs. 

    (c) The court shall give priority in issuing an order to 
 vacate the property in an eviction action brought under section 
 504A.701 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.    Expedited writ.  If the court enters 
 judgment for the landlord in an action brought under section 
 504A.705 as required by section 609.5317, subdivision 1, the 
 court may not stay issuance of the order to vacate unless the 
 court makes written findings specifying extraordinary and 
 exigent circumstances.  On issuing those findings, the court may 
 stay the order for a reasonable period but not more than seven 
 days.  

    HIST: 1998 c 253 s 42