1998 Minnesota Statutes

CHAPTER 504A. Landlords and tenants

     504A.001 Definitions. 

    Subdivision 1.    Applicability.  For the purposes of 
 this chapter, the terms defined in this section have the 
 meanings given them. 

    Subd. 2.    Commercial tenant.  "Commercial tenant" 
 means a person paying rent in a residential building defined in 
 subdivision 10 who is not a residential tenant, as defined in 
 subdivision 11.  

    Subd. 3.    Evict or eviction.  "Evict" or "eviction" 
 means to remove a renter or occupant from or otherwise recover 
 possession of real property by process of law. 

    Subd. 4.    Inspector.  "Inspector" means the person 
 charged by the governing body of the political subdivision in 
 which a residential building is situated, with the 
 responsibility of enforcing provisions of local law, the breach 
 of which could constitute a violation as defined in subdivision 
 13, clause (1).  If there is no such person, "inspector" means 
 the county agent of a board of health as authorized under 
 section 145A.04 or the chair of the board of county 
 commissioners, and in the case of a manufactured home park, the 
 state department of health or its designee. 

    Subd. 5.    Landlord.  "Landlord" means an owner of real 
 property, a contract for deed vendee, receiver, executor, 
 trustee, lessee, agent, or other person directly or indirectly 
 in control of rental property. 

    Subd. 6.    Lease.  "Lease" means a written or oral 
 agreement to rent real property, other than a hotel as defined 
 in section 327.70, for any period of time. 

    Subd. 7.    Neighborhood organization.  "Neighborhood 
 organization" means a nonprofit corporation incorporated under 
 chapter 317A that:  

    (1) designates in its articles of incorporation or bylaws a 
 specific geographic community to which its activities are 
 limited; and 

    (2) is formed for the purposes of promoting community 
 safety, crime prevention, and housing quality in a 
 nondiscriminatory manner. 

    For purposes of this chapter, an action taken by a 
 neighborhood organization with the written permission of a 
 residential tenant means, with respect to a building with 
 multiple dwelling units, an action taken by the neighborhood 
 organization with the written permission of the residential 
 tenants of a majority of the occupied units.  

    Subd. 8.    Person.  "Person" means a natural person, 
 corporation, limited liability company, partnership, or 
 unincorporated association. 

    Subd. 9.    Renter.  "Renter" means a residential or 
 commercial tenant or other person that rents or leases real 
 property. 

    Subd. 10.    Residential building.  "Residential 
 building" means: 

    (1) a building used in whole or in part as a dwelling, 
 including single family homes, multiple family units such as 
 apartments, and structures containing both dwelling units and 
 units used for nondwelling purposes, and includes a manufactured 
 home park; or 

    (2) an unoccupied building which was previously used in 
 whole or in part as a dwelling and which constitutes a nuisance 
 under section 561.01. 

    Subd. 11.    Residential tenant.  "Residential tenant" 
 means a person who is occupying a dwelling in a residential 
 building under a lease or contract, whether oral or written, 
 that requires the payment of money or exchange of services, all 
 other regular occupants of that dwelling unit, or a resident of 
 a manufactured home park.  

    Subd. 12.    Tenancy at will.  "Tenancy at will" means a 
 tenancy established without a written lease.  

    Subd. 13.    Violation.  "Violation" means: 

    (1) a violation of a state, county or city health, safety, 
 housing, building, fire prevention, or housing maintenance code 
 applicable to the building; 

    (2) a violation of section 504A.125, subdivision 1, 
 paragraph (a), clause (1) or (2); 

    (3) a violation of section 504A.701, subdivision 1; or 

    (4) a violation of lease for the rental of a dwelling in a 
 building.  

    HIST: 1998 c 253 s 1 

     504A.101 Person in possession liable for rent; evidence. 

    Every person in possession of land out of which any rent is 
 due, whether it was originally demised in fee, or for any other 
 estate of freehold or for any term of years, shall be liable for 
 the amount or proportion of rent due from the land in 
 possession, although it be only a part of the land originally 
 demised.  Such rent may be recovered in a civil action, and the 
 deed, demise, or other instrument showing the provisions of the 
 lease may be used in evidence by either party to prove the 
 amount due from the defendant.  Nothing herein contained shall 
 deprive landlords of any other legal remedy for the recovery of 
 rent, whether secured to them by their leases or provided by law.

    HIST: 1998 c 253 s 2 

     504A.111 Written lease required; penalty. 

    A landlord of a residential building with 12 or more 
 residential units must have a written lease for each unit rented 
 to a residential tenant.  Notwithstanding any other state law or 
 city ordinance to the contrary, a landlord may ask for the 
 tenant's full name and date of birth on the lease and 
 application.  A landlord who fails to provide a lease, as 
 required under this section, is guilty of a petty misdemeanor.  

    HIST: 1998 c 253 s 3 

     504A.115 Tenant to be given copy of lease. 

    Subdivision 1.    Copy of written lease to tenant.  
 Where there is a written lease, a landlord must give a copy to 
 each tenant occupying a dwelling unit whose signature appears on 
 the lease agreement.  The landlord may obtain a signed and dated 
 receipt, either as a separate document or an acknowledgment 
 included in the lease agreement itself, from the tenant 
 acknowledging that the tenant has received a copy of the lease.  
 This signed receipt or acknowledgment is prima facie evidence 
 that the tenant has received a copy of the lease.  

    Subd. 2.    Legal action to enforce lease.  In any legal 
 action to enforce a written lease, except for nonpayment of 
 rent, disturbing the peace, malicious destruction of property, 
 or a violation of section 504A.701, it is a defense for the 
 tenant to establish that the landlord failed to comply with 
 subdivision 1.  This defense may be overcome if the landlord 
 establishes that the tenant had actual knowledge of the term or 
 terms of the lease upon which any legal action is based.  

    HIST: 1998 c 253 s 4 

     504A.121 Urban real estate; holding over. 

    When a renter of urban real estate holds over and retains 
 possession after expiration of the lease without the landlord's 
 express agreement, no tenancy for any period other than the 
 shortest interval between the times of payment of rent under the 
 terms of the expired lease shall be implied.  

    HIST: 1998 c 253 s 5 

     504A.125 Habitability covenants of landlord. 

    Subdivision 1.    Requirements.  (a) A landlord 
 covenants that:  

    (1) the property and all common areas are fit for the use 
 intended by the landlord and residential tenant; 

    (2) the property is kept in reasonable repair during the 
 term of the lease, except when disrepair has been caused by the 
 willful, malicious, or irresponsible conduct of the residential 
 tenant or a person under the direction or control of the 
 residential tenant; and 

    (3) the property is maintained in compliance with the 
 applicable health and safety laws of: 

    (i) the state, including the weatherstripping, caulking, 
 storm window, and storm door energy efficiency standards for 
 renter-occupied residences prescribed by section 216C.27, 
 subdivisions 1 and 3; and 

    (ii) the local units of government where the property is 
 located:  

 except that items (i) and (ii) do not apply when violation of 
 the health and safety laws has been caused by the willful, 
 malicious, or irresponsible conduct of the residential tenant or 
 a person under the direction or control of the residential 
 tenant.  

    (b) The landlord may agree with the residential tenant that 
 the residential tenant is to perform specified repairs or 
 maintenance, but only if the agreement is supported by adequate 
 consideration and is in conspicuous writing.  

    (c) The requirements in paragraph (a) are in addition to 
 any other requirements imposed by law, ordinance, or by the 
 terms of the lease.  

    (d) Nothing in this subdivision may be construed to alter 
 the liability of the landlord for injury to third parties.  

    Subd. 2.    Waiver not allowed.  The landlord and 
 residential tenant may not waive or modify the requirements of 
 subdivision 1, paragraph (a), under any circumstances including, 
 but not limited to: 

    (1) by agreement; or 

    (2) by permitting the residential tenant to inspect the 
 property before entering into a lease.  

    Subd. 3.    Applicability.  (a) This section applies 
 only to leases concluded or renewed on or after June 15, 1971. 

    (b) For the purposes of this section, tenancies at will are 
 considered renewed at the beginning of each rental period.  

    Subd. 4.    Liberal construction.  This section shall be 
 liberally construed.  

    HIST: 1998 c 253 s 6 

     504A.131 Single-meter utility service payments. 

    (a) For the purposes of this section, "single-metered 
 residential building" means a multiunit residential building 
 with one or more separate residential living units where the 
 utility service measured through a single meter provides service 
 to an individual unit and to all or parts of common areas or 
 other units. 

    (b) In a residential lease entered into or renewed on or 
 after August 1, 1995, the owner of a single-metered residential 
 building shall be the bill payer responsible, and shall be the 
 customer of record contracting with the utility for utility 
 services.  The owner must advise the utility provider that the 
 utility services apply to a single-metered residential 
 building.  A failure by the owner to comply with this section is 
 a violation of sections 504A.125, subdivision 1, paragraph (a), 
 clause (1), and 504A.253.  This section may not be waived by 
 contract or otherwise.  This section does not require an owner 
 to contract and pay for utility service provided to each 
 residential unit through a separate meter which accurately 
 measures that unit's use only.  

    HIST: 1998 c 253 s 7 

     504A.135 Emergency conditions; loss of essential 
  services. 

    Subdivision 1.    Procedure.  (a) A residential tenant 
 or group of residential tenants may pay to have home heating 
 oil, propane, natural gas, electricity, or water service 
 continued or reconnected as provided in this section if the 
 municipality, utility company, or other company supplying the 
 service to the residential building has issued a final notice, 
 has posted the building proposing to disconnect, or has 
 discontinued the service because a landlord: 

    (1) who has contracted for the service has failed to pay 
 for it; or 

    (2) is required by law or contract to pay for the service 
 and fails to do so. 

    (b) Before paying for the service, the residential tenant 
 or group of tenants must give oral or written notice to the 
 landlord of their intention to pay after 48 hours, or a shorter 
 period that is reasonable under the circumstances, if the 
 landlord has not already paid for the service.  In the case of 
 oral notice, written notice must be mailed or delivered to the 
 landlord within 24 hours after oral notice is given. 

    (c) When the affected service is natural gas, electricity, 
 or water, if the landlord has not yet paid the bill by the time 
 of the residential tenant's intended payment, or if the service 
 remains discontinued, the residential tenant or group of tenants 
 may pay the outstanding bill for the most recent billing period, 
 if the utility company or municipality will restore the service 
 for at least one billing period. 

    (d) When the affected service is home heating oil or 
 propane, if the landlord has not yet paid the bill by the time 
 of the residential tenant's intended payment, or if the service 
 remains discontinued, the residential tenant or group of tenants 
 may order and pay for one month's supply of the proper grade and 
 quality of oil or propane. 

    (e) After submitting receipts for the payment to the 
 landlord, a residential tenant may deduct the amount of the 
 tenant's payment from the next rental payment.  Amounts paid to 
 the municipality, utility company, or other company by a 
 residential tenant under this subdivision are considered payment 
 of rent to the landlord for purposes of section 504A.201.  

    Subd. 2.    Limitations; waiver not allowed; rights are 
 additional.  The residential tenant rights under this section: 

    (1) do not extend to conditions caused by the willful, 
 malicious, or negligent conduct of the residential tenant or of 
 a person under the tenant's direction or control; 

    (2) may not be waived or modified; and 

    (3) are in addition to and do not limit other rights that 
 may be available to the residential tenant in law or equity, 
 including the right to damages and the right to restoration of 
 possession of the property under section 504A.201.  

    HIST: 1998 c 253 s 8 

     504A.141 Tenant's right to privacy. 

    Subdivision 1.    Entry by landlord.  Except as provided 
 in subdivision 3, a landlord may enter the premises rented by a 
 residential tenant only for a reasonable business purpose and 
 after making a good faith effort to give the tenant reasonable 
 notice under the circumstances of the intent to enter.  A tenant 
 may not waive and the landlord may not require the tenant to 
 waive the tenant's right to prior notice of entry under this 
 section as a condition of entering into or maintaining the lease.

    Subd. 2.    Reasonable purpose.  For purposes of 
 subdivision 1, a reasonable business purpose includes, but is 
 not limited to: 

    (1) showing the unit to prospective tenants during the 
 notice period before the lease terminates or after the current 
 tenant has given notice to move to the owner or owner's agent; 

    (2) showing the unit to a prospective buyer or to an 
 insurance representative; 

    (3) performing maintenance work; 

    (4) allowing inspections by state, county, or city 
 officials charged in the enforcement of health, housing, 
 building, fire prevention, or housing maintenance codes; 

    (5) the tenant is causing a disturbance within the unit; 

    (6) the landlord has a reasonable belief that the tenant is 
 violating the lease within the tenant's unit; 

    (7) prearranged housekeeping work in senior housing where 
 80 percent or more of the tenants are age 55 or older; 

    (8) the landlord has a reasonable belief that the unit is 
 being occupied by an individual without a legal right to occupy 
 it; or 

    (9) the tenant has vacated the unit.  

    Subd. 3.    Exception to notice requirement.  
 Notwithstanding subdivision 1, a landlord may enter the premises 
 rented by a tenant to inspect or take appropriate action without 
 prior notice to the tenant if the landlord reasonably suspects 
 that:  

    (1) immediate entry is necessary to prevent injury to 
 persons or property because of conditions relating to 
 maintenance, building security, or law enforcement; 

    (2) immediate entry is necessary to determine a tenant's 
 safety; or 

    (3) immediate entry is necessary in order to comply with 
 local ordinances regarding unlawful activity occurring within 
 the tenant's premises.  

    Subd. 4.    Entry without tenant's presence.  If the 
 landlord enters when the tenant is not present and prior notice 
 has not been given, the landlord shall disclose the entry by 
 placing a written disclosure of the entry in a conspicuous place 
 in the premises.  

    Subd. 5.    Penalty.  If a landlord substantially 
 violates subdivision 1, the tenant is entitled to a penalty 
 which may include a rent reduction up to full rescission of the 
 lease, recovery of any damage deposit less any amount retained 
 under section 504A.241, and up to a $100 civil penalty for each 
 violation.  If a landlord violates subdivision 4, the tenant is 
 entitled to up to a $100 civil penalty for each violation.  A 
 tenant shall follow the procedures in sections 504A.501 to 
 504A.585 to enforce the provisions of this section.  

    Subd. 6.    Exemption.  This section does not apply to 
 tenants and landlords of manufactured home parks as defined in 
 section 327C.01.  

    HIST: 1998 c 253 s 9,79 

     504A.145 Restriction on lease terms for buildings in 
  financial distress. 

    Once a landlord has received notice of a contract for deed 
 cancellation under section 559.21 or notice of a mortgage 
 foreclosure sale under chapter 580 or 582, the landlord may 
 enter into a periodic lease agreement with a term of two months 
 or less or a fixed term tenancy not extending beyond the 
 cancellation period or the landlord's period of redemption until:

    (1) the contract for deed has been reinstated or paid in 
 full; 

    (2) the mortgage default has been cured and the mortgage 
 reinstated; 

    (3) the mortgage has been satisfied; 

    (4) the property has been redeemed from a foreclosure sale; 
 or 

    (5) a receiver has been appointed. 

    This section does not apply to a manufactured home park as 
 defined in section 327C.01, subdivision 5.  

    HIST: 1998 c 253 s 10 

     504A.151 Restriction on automatic renewal of lease. 

    (a) In a residential lease, a landlord may not enforce an 
 automatic renewal clause of a lease of an original term of two 
 months or more that renews the lease for a specified additional 
 period of two months or more unless the residential tenant gives 
 notice to the landlord of an intention to quit the property at 
 the expiration of the term due to expire. 

    (b) Paragraph (a) does not apply if the landlord gives the 
 residential tenant written notice directing the residential 
 tenant's attention to the automatic renewal provision of the 
 lease.  The notice must be given between 15 and 30 days prior to 
 the time that the residential tenant is required to furnish 
 notice of an intention to quit and must be served personally or 
 by certified mail.  

    HIST: 1998 c 253 s 11 

     504A.155 Disclosure by landlord to residential tenant; 
  attorney general's statement. 

    Subdivision 1.    Disclosure.  Before a tenancy begins, 
 a landlord must inform a residential tenant either in the lease 
 or otherwise in writing the name and address of: 

    (1) the person authorized to manage the property; and 

    (2) the landlord or an agent authorized by the landlord to 
 accept service of process and receive and give receipt for 
 notices and demands.  

    Subd. 2.    Posting notice.  (a) A printed or 
 typewritten notice containing the information that must be 
 disclosed under subdivision 1 must be placed in a conspicuous 
 place on the property.  

    (b) Unless the landlord is required to post a notice by 
 section 471.9995, the landlord shall also place a notice in a 
 conspicuous place on the property that states that a copy of the 
 statement required by subdivision 4 is available from the 
 attorney general to any residential tenant upon request.  This 
 subdivision is complied with if notices posted in compliance 
 with other statutes or ordinances contain the information 
 required by this section.  

    Subd. 3.    Agent where landlord's address is not known. 
  If subdivisions 1 and 2, paragraph (a), have not been 
 complied with and a person wants to serve process on or give a 
 notice or demand to the landlord, but does not know the name and 
 address of the landlord or the landlord's agent, then a 
 caretaker or manager of the property or an individual to whom 
 residential tenants make rental payments is the authorized 
 agent.  If this agent receives service of process or receipt of 
 a notice or demand, the agent shall give the process, notice, or 
 demand, or a copy of it, to the landlord personally or send it 
 by certified mail, return receipt requested, to the landlord at 
 the landlord's last known address.  

    Subd. 4.    Attorney general's statement.  (a) The 
 attorney general shall prepare and make available to the public 
 a statement that: 

    (1) summarizes the significant legal rights and obligations 
 of landlords and residential tenants; 

    (2) includes descriptions of the significant provisions of 
 this chapter; 

    (3) notifies residential tenants in public housing to 
 consult their leases for additional rights and obligations they 
 may have under federal law; and 

    (4) includes the telephone number and address of the 
 attorney general for further information. 

    (b) The attorney general shall annually revise the 
 statement in paragraph (a) as necessary to ensure that it 
 continues accurately to describe the statutory and case law 
 governing the rights and duties of landlords and residential 
 tenants.  After each annual revision of the statement, the 
 attorney general shall hold a public meeting to discuss the 
 statement and receive comments on its contents before it is 
 issued.  When preparing the statement and evaluating public 
 comment, the attorney general shall be guided by the 
 legislature's intent that the statement be brief, accurate, and 
 complete in identifying significant legal rights and 
 obligations, and written using words with common, everyday 
 meanings. 

    (c) For the purposes of this subdivision, "residential 
 tenants" does not include residents of manufactured home parks 
 as defined in section 327C.01, subdivision 9.  

    Subd. 5.    Action may not be brought without disclosure. 
  (a) Except as provided in paragraph (b), an action to recover 
 rent or for eviction may not be brought unless the information 
 required by this section: 

    (1) has been disclosed to the residential tenant as 
 provided in this section; or 

    (2) is known by or has been disclosed to the residential 
 tenant at least 30 days before the initiation of the action. 

    (b) Failure by the landlord to post a notice required by 
 subdivision 2 or section 471.9995 shall not prevent an action to 
 recover rent or for eviction.  

    Subd. 6.    Failure to notify landlord.  A residential 
 tenant who moves from or subleases the property without giving 
 the landlord at least 30 days' written notice voids this section 
 and section 504A.595, as to the tenant.  

    Subd. 7.    Applicability.  This section extends to and 
 is enforceable against a successor landlord, caretaker, manager, 
 or individual to whom rental payments are made. 

    HIST: 1998 c 253 s 12 

     504A.161 Disclosure required for outstanding inspection 
  and condemnation orders. 

    Subdivision 1.    Disclosure to tenant.  (a) Except as 
 provided in subdivision 3, a landlord shall provide a copy of 
 all outstanding inspection orders for which a citation has been 
 issued, pertaining to a rental unit or common area, specifying 
 code violations issued under section 504A.501, that the 
 inspector identifies as requiring notice because the violations 
 threaten the health or safety of the tenant, and all outstanding 
 condemnation orders and declarations that the premises are unfit 
 for human habitation to: 

    (1) a residential tenant, either by delivery or by United 
 States mail, postage prepaid, within 72 hours after issuance of 
 the citation; 

    (2) a person before signing a lease or paying rent or a 
 security deposit to begin a new tenancy; and 

    (3) a person prior to obtaining new ownership of the 
 property subject to the order or declaration. 

    The inspector shall indicate on the inspection order 
 whether the violation threatens the health or safety of a tenant 
 or prospective tenant. 

    (b) If an inspection order, for which a citation has been 
 issued, does not involve code violations that threaten the 
 health or safety of the tenants, the landlord shall post a 
 summary of the inspection order in a conspicuous place in each 
 building affected by the inspection order, along with a notice 
 that the inspection order will be made available by the landlord 
 for review, upon a request of a tenant or prospective tenant.  
 The landlord shall provide a copy of the inspection order for 
 review by a tenant or a prospective tenant as required under 
 this subdivision.  

    Subd. 2.    Penalty.  If the landlord violates this 
 section, the residential tenant is entitled to remedies provided 
 by section 8.31, subdivision 3a, and other equitable relief as 
 determined by the court.  

    Subd. 3.    Exception.  A landlord is not in violation 
 of this section if: 

    (1) the landlord has received only an initial order to 
 repair; 

    (2) the time allowed to complete the repairs, including any 
 extension of the deadline, has not yet expired, or less than 60 
 days has elapsed since the expiration date of repair orders and 
 any extension or no citation has been issued; or 

    (3) the landlord completes the repairs within the time 
 given to repair, including any extension of the deadline.  

    Subd. 4.    Landlord's defense.  It is an affirmative 
 defense in an action brought under this section for the landlord 
 to prove that disclosure was made as required under subdivision 
 1.  

    HIST: 1998 c 253 s 13 

     504A.165 Rental of condemned residential property; 
  damages. 

    (a) A landlord, an agent, or other person acting under the 
 landlord's direction or control may not accept rent or a 
 security deposit for residential rental property from a 
 residential tenant after the property has been condemned or 
 declared unfit for human habitation by the applicable state or 
 local authority, if the tenancy began after the property was 
 condemned or declared unfit for human habitation.  

    (b) If the landlord, an agent, or other person acting under 
 the landlord's direction or control violates paragraph (a), the 
 landlord is liable to the residential tenant for actual damages 
 and an amount equal to three times the amount of all money 
 collected from the residential tenant after the date of 
 condemnation or declaration, plus costs and attorney fees.  

    HIST: 1998 c 253 s 14 

     504A.171 Rent liability; uninhabitable buildings. 

    A renter of a building that is destroyed or becomes 
 uninhabitable or unfit for occupancy through no fault of the 
 renter, is not required to pay rent or a penalty to the landlord 
 unless a written agreement expressly provides otherwise, and the 
 renter may vacate the property.  

    HIST: 1998 c 253 s 15 

     504A.175 Unlawful destruction; damages. 

    An action may be brought for willful and malicious 
 destruction of a residential building.  The prevailing party may 
 recover actual damages, costs, and reasonable attorney fees, as 
 well as other equitable relief as determined by the court.  

    HIST: 1998 c 253 s 16 

     504A.181 Pets in subsidized handicapped accessible 
  rental housing units. 

    In a multiunit residential building, a residential tenant 
 of a handicapped accessible unit, in which the tenant or the 
 unit receives a subsidy that directly reduces or eliminates the 
 tenant's rent responsibility must be allowed to have two birds 
 or one spayed or neutered dog or one spayed or neutered cat.  A 
 tenant under this section may not keep or have visits from an 
 animal that constitutes a threat to the health or safety of 
 other individuals, or causes a noise nuisance or noise 
 disturbance to other tenants.  The landlord may require the 
 tenant to pay an additional damage deposit in an amount 
 reasonable to cover damage likely to be caused by the animal.  
 The deposit is refundable at any time the tenant leaves the unit 
 or to the extent it exceeds the amount of damage actually caused 
 by the animal.  

    HIST: 1998 c 253 s 17 

     504A.185 Residential tenant's right to seek police and 
  emergency assistance. 

    Subdivision 1.    Definition.  For the purpose of this 
 section, "domestic abuse" has the meaning given in section 
 518B.01, subdivision 2.  

    Subd. 2.    Emergency calls permitted.  (a) A landlord 
 may not: 

    (1) bar or limit a residential tenant's right to call for 
 police or emergency assistance in response to domestic abuse or 
 any other conduct; or 

    (2) impose a penalty on a residential tenant for calling 
 for police or emergency assistance in response to domestic abuse 
 or any other conduct. 

    (b) A residential tenant may not waive and a landlord may 
 not require the tenant to waive the tenant's right to call for 
 police or emergency assistance.  

    Subd. 3.    Local preemption.  This section preempts any 
 inconsistent local ordinance or rule including, without 
 limitation, any ordinance or rule that: 

    (1) requires an eviction after a specified number of calls 
 by a residential tenant for police or emergency assistance in 
 response to domestic abuse or any other conduct; or 

    (2) provides that calls by a residential tenant for police 
 or emergency assistance in response to domestic abuse or any 
 other conduct may be used to penalize or charge a fee to a 
 landlord. 

    This subdivision shall not otherwise preempt any local 
 ordinance or rule that penalizes a landlord for, or requires a 
 landlord to abate, conduct on the premises that constitutes a 
 nuisance or other disorderly conduct as defined by local 
 ordinance or rule.  

    Subd. 4.    Tenant responsibility.  This section shall 
 not be construed to condone or permit any breach of a lease or 
 of law by a residential tenant including, but not limited to, 
 disturbing the peace and quiet of other residential tenants, 
 damage to property, and disorderly conduct.  

    Subd. 5.    Residential tenant remedies.  A residential 
 tenant may bring a civil action for a violation of this section 
 and recover from the landlord $250 or actual damages, whichever 
 is greater, and reasonable attorney's fees.  

    Subd. 6.    Attorney general authority.  The attorney 
 general has authority under section 8.31 to investigate and 
 prosecute violations of this section.  

    HIST: 1998 c 253 s 18 

     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 

     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 

     504A.211 Defenses. 

    Subdivision 1.    Notice to quit.  (a) It is a defense 
 to an action brought under section 504A.205, subdivision 1 or 2, 
 after the landlord has given notice to quit, for a renter to 
 prove by a preponderance of the evidence that the termination by 
 the landlord was intended in whole or in part as a penalty for: 

    (1) the renter's good faith attempt to secure or enforce 
 rights under an oral or written lease or contract, under the 
 laws of the state or any of its governmental subdivisions, or 
 under the laws of the United States; or 

    (2) the renter's good faith report to a governmental 
 authority of the landlord's violation of a health, safety, 
 housing or building code or ordinance. 

    (b) If the notice to quit was served within 90 days of the 
 date of an act that was performed by the renter under paragraph 
 (a), clause (1) or (2), the burden of proving that the notice to 
 quit was not served in whole or in part for a retaliatory 
 purpose is on the landlord.  

    Subd. 2.    Nonpayment of rent.  It is a defense to an 
 action brought under section 504A.205, subdivision 2, clause 
 (3), for the renter to establish by a preponderance of the 
 evidence that the landlord increased the renter's rent or 
 decreased the services as a penalty in whole or in part for a 
 lawful act of the renter as described in subdivision 1, 
 paragraph (a), clause (1) or (2), providing that the renter pays 
 to the court or to the landlord the amount of rent due and 
 payable under the renter's original lease.  

    HIST: 1998 c 253 s 21 

     504A.215 Nonlimitation of rights of landlord to 
  terminate tenancy. 

    Section 504A.211 does not limit the right of a landlord 
 under section 504A.205: 

    (1) to terminate a tenancy for a violation by the renter of 
 a lawful, material provision of an oral or written lease or 
 contract; or 

    (2) to hold a tenant liable for damage to the property 
 caused by the renter or a person acting under the tenant's 
 direction or control.  

    HIST: 1998 c 253 s 22 

     504A.221 Renter may not deny title; exception. 

    A renter in possession of real property under a lawful 
 lease may not deny the landlord's title in an action brought by 
 the landlord to evict.  This prohibition does not apply to a 
 renter who, prior to the lease, possesses the property under a 
 claim of title that is adverse or hostile to that of the 
 landlord.  

    HIST: 1998 c 253 s 23 

     504A.225 Terminating tenancy at will. 

    A tenancy at will may be terminated by either the landlord 
 or renter giving notice in writing.  The time of the notice must 
 be at least as long as the interval between the time rent is due 
 or three months, whichever is less.  If a renter does not pay 
 rent due on a tenancy at will, 14 days' notice in writing to 
 quit, given by the landlord to the renter, is sufficient to 
 terminate the tenancy.  

    HIST: 1998 c 253 s 24 

     504A.231 Renter must give cold weather notice before 
  vacation of building; misdemeanor. 

    A renter who, between November 15 and April 15, vacates 
 property that contains plumbing, water, steam, or other pipes 
 liable to injury from freezing must give at least three days' 
 notice to the landlord.  Failure to do so is a misdemeanor.  
 This penalty does not apply to a lease that expires under its 
 own terms.  

    HIST: 1998 c 253 s 25 

     504A.235 Documents to be recorded. 

    Subdivision 1.    Notice of cancellation or termination of 
 lease.  The county recorder of the county where a lease is 
 recorded must, upon presentation, record a notice of 
 cancellation or termination of the lease, or a copy of the 
 notice, with proof of service, and the affidavit of the landlord 
 or the landlord's agent or attorney, showing that the renter has 
 not complied with the terms of the notice.  This record is prima 
 facie evidence of the facts stated in it.  

    Subd. 2.    Eviction; recovery of possession.  (a) The 
 following documents must be recorded in the office of the county 
 recorder of the county where property is located if it is 
 unregistered, or in the office of the registrar of titles of the 
 county if it is registered:  

    (1) on eviction of a renter by a landlord, a certified copy 
 of the judgment; or 

    (2) on recovery of possession by a landlord by abandonment 
 or surrender by the renter, an affidavit by the landlord or the 
 landlord's attorney attesting to that fact.  

    (b) A recorded certified copy of the judgment or the 
 affidavit is prima facie evidence of the recovery of possession 
 by the landlord.  

    HIST: 1998 c 253 s 26 

     504A.241 Security deposits; damages. 

    Subdivision 1.    Applicability.  A deposit that is 
 intended to secure the performance of a residential lease or any 
 part of such a lease is governed by this section.  This section 
 does not apply to a deposit that is exclusively an advance 
 payment of rent.  

    Subd. 2.    Interest.  (a) A security deposit must be 
 held by a landlord for a residential tenant and must bear simple 
 noncompounded interest at the rate of three percent per year 
 until May 1, 2001, and four percent per year thereafter.  
 Interest must be computed from the first day of the next month 
 following the full payment of the deposit to whichever of the 
 following dates is earlier: 

    (1) the last day of the month in which the landlord, in 
 good faith, complies with subdivision 3; or 

    (2) the date on which judgment is entered in a civil action 
 involving the landlord's liability for the deposit. 

    (b) An interest amount less than $1 is not included in the 
 computation. 

    (c) A security deposit is not considered a trust fund as 
 defined in section 82.17, subdivision 7. 

    (d) The reversion of the interest rate to four percent in 
 paragraph (a) is subject to review by the legislature in the 
 1998 session.  

    Subd. 3.    Return of security deposit.  (a) A landlord 
 shall return the security deposit to the residential tenant, 
 with interest as provided in subdivision 2, or furnish to the 
 residential tenant a written statement showing the specific 
 reason for withholding the deposit or a portion of it within the 
 following periods: 

    (1) three weeks after termination of the tenancy and 
 receipt of the tenant's mailing address or delivery 
 instructions; or 

    (2) five days after the date when the residential tenant 
 leaves the building and receipt of the tenant's mailing address 
 or delivery instructions if the tenant leaves due to the legal 
 condemnation of the building in which the tenant lives for 
 reasons not due to willful, malicious, or irresponsible conduct 
 of the residential tenant. 

    (b) The landlord is considered to have complied with the 
 time requirement of paragraph (a) if the deposit or written 
 statement is placed in the United States mail as first class 
 mail, postage prepaid, in an envelope with a proper return 
 address, correctly addressed according to the mailing address or 
 delivery instructions furnished by the residential tenant, 
 within the time required by paragraph (a).  The landlord may 
 withhold from the deposit only amounts reasonably necessary: 

    (1) to remedy residential tenant defaults in the payment of 
 rent or of other funds due to the landlord pursuant to an 
 agreement; or 

    (2) to restore the property to its condition at the 
 commencement of the tenancy, ordinary wear and tear excepted. 

    (c) In an action concerning the deposit, the burden of 
 proving, by a fair preponderance of the evidence, the reason for 
 withholding all or any portion of the deposit is on the landlord.

    Subd. 4.    Termination of landlord's interest.  (a) 
 Upon termination of the landlord's interest in residential 
 property, the landlord or the landlord's agent must take one of 
 the actions described in paragraph (b) either within 60 days of 
 termination of the interest or when the successor in interest is 
 required to return or otherwise account for the deposit to the 
 residential tenant, whichever occurs first.  Either action 
 relieves the landlord or successor in interest from further 
 liability with respect to the deposit.  Termination of the 
 landlord's interest in the property may occur by sale, 
 assignment, death, appointment of receiver, or otherwise. 

    (b) The landlord must: 

    (1) transfer the deposit, or any remainder after lawful 
 deductions made under subdivision 3, plus interest as provided 
 in subdivision 2, to the landlord's successor in interest and 
 notify the residential tenant of the transfer and of the name 
 and address of the successor in interest; or 

    (2) return the deposit, or any remainder after lawful 
 deductions made under subdivision 3, plus interest as provided 
 in subdivision 2, to the residential tenant. 

    (c) Upon termination of the landlord's interest in the 
 property, the landlord's successor in interest has all of the 
 rights and obligations of the landlord with respect to the 
 deposit except that if the residential tenant does not object to 
 the stated amount within 20 days after written notice of the 
 amount of deposit being transferred or assumed, the obligation 
 of the landlord's successor to return the deposit is limited to 
 the amount contained in the notice.  The notice must contain a 
 stamped envelope addressed to the landlord's successor and may 
 be given by mail or by personal service.  

    Subd. 5.    Damages; penalty.  (a) A landlord who fails 
 to comply with subdivision 3 or 4, paragraph (a) or (b), is 
 liable to the residential tenant for damages that are double the 
 amount of the deposit withheld by the landlord plus interest as 
 provided in subdivision 2. 

    (b) A landlord who in bad faith retains any portion of a 
 deposit or interest in violation of this section is liable for 
 punitive damages not to exceed $200 for each deposit in addition 
 to the damages provided in paragraph (a).  If the landlord has 
 failed to comply with subdivision 3 or 4, retention of a deposit 
 is presumed to be in bad faith unless the landlord returns the 
 deposit within two weeks after the beginning of an action for 
 recovery of the deposit.  

    Subd. 6.    Withholding rent to recover deposit.  (a) A 
 residential tenant may not withhold payment of all or any 
 portion of rent for the last payment period of a residential 
 lease on the grounds that the deposit should serve as payment 
 for the rent.  This prohibition does not apply to an oral or 
 written month-to-month lease where neither the renter nor the 
 landlord has served a notice to quit. 

    (b) Withholding rent as described in paragraph (a) creates 
 a rebuttable presumption that the residential tenant withheld 
 the last payment on the grounds that the deposit should serve as 
 payment for the rent. 

    (c) A residential tenant who remains in violation of this 
 subdivision after written demand and notice of this subdivision 
 is liable to the landlord for damages in an amount equal to: 

    (1) the portion of the deposit that the landlord is 
 entitled to withhold under subdivision 3, other than to remedy 
 the residential tenant's default in the payment of rent under 
 subdivision 3, paragraph (b), clause (1), plus interest on the 
 deposit as provided in subdivision 2, as a penalty; and 

    (2) the amount of rent withheld by the residential tenant 
 in violation of this subdivision.  

    Subd. 7.    Where to bring action to recover deposit.  
 An action, including an action in conciliation court, for the 
 recovery of a deposit on rental property may be brought in the 
 county where the rental property is located, or at the option of 
 the residential tenant, in the county of the landlord's 
 residence.  

    Subd. 8.    Waiver not allowed.  Any attempted waiver of 
 this section by a landlord and residential tenant, by contract 
 or otherwise, is void and unenforceable.  

    Subd. 9.    Applicability.  (a) This section applies 
 only to tenancies beginning or renewed on or after July 1, 1973. 

    (b) For the purposes of this section, tenancies at will are 
 considered to be renewed at the beginning of each rental period. 

    HIST: 1998 c 253 s 27,79 

     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 

     504A.251 Unlawful removal or exclusion. 

    (a) A landlord, an agent, or other person acting under the 
 landlord's direction or control is guilty of a misdemeanor if 
 that person: 

    (1) unlawfully and intentionally removes or excludes a 
 residential tenant; or 

    (2) intentionally interrupts or causes the interruption of 
 electrical, heat, gas, or water services to a residential tenant 
 with intent to unlawfully remove or exclude the tenant from the 
 tenant's property. 

    (b) In a trial under this subdivision, it is presumed that 
 the intent requirement of paragraph (a), clause (2), has been 
 met if evidence establishes that the landlord, an agent, or 
 other person acting under the landlord's direction or control, 
 intentionally interrupted or caused the interruption of the 
 service to the residential tenant.  The burden is on the 
 landlord to rebut the presumption. 

    (c) If a landlord, agent, or other person acting under the 
 landlord's direction or control, unlawfully and in bad faith, 
 removes, excludes, or forcibly keeps out a residential tenant 
 from residential premises, the tenant may recover from the 
 landlord treble damages or $500, whichever is greater, and 
 reasonable attorney fees.  

    HIST: 1998 c 253 s 29 

     504A.253 Unlawful interruption or termination of 
  utilities. 

    (a) A residential tenant may recover from a landlord treble 
 damages or $500, whichever is greater, and reasonable attorney 
 fees, if the landlord, an agent, or other person acting under 
 the landlord's direction or control interrupts or causes the 
 interruption of electricity, heat, gas, or water services to the 
 residential tenant.  

    (b) It is a defense to an action brought under paragraph 
 (a) that the interruption was the result of the deliberate or 
 negligent act or omission of a residential tenant or other 
 person acting under the direction or control of the residential 
 tenant.  

    (c) A residential tenant may recover only actual damages 
 under paragraph (a) if: 

    (1) the residential tenant has not given the landlord, an 
 agent, or other person acting under the landlord's direction or 
 control, notice of the interruption; 

    (2) after receiving notice of the interruption from the 
 tenant, the landlord, an agent, or other person acting under the 
 landlord's direction or control, has reinstated or made a good 
 faith effort to reinstate the service, or has taken other 
 remedial action within a reasonable period of time after the 
 interruption, taking into account: 

    (i) the nature of the service interrupted; and 

    (ii) the effect of the interrupted service on the health, 
 welfare, and safety of the tenants; or 

    (3) the interruption was for the purpose of repairing or 
 correcting faulty or defective equipment or protecting the 
 health and safety of the residential tenants and the landlord, 
 an agent, or other person acting under the landlord's direction 
 or control, has reinstated or made a good faith effort to 
 reinstate the service, or has taken other remedial action, 
 taking into account:  

    (i) the nature of the defect; 

    (ii) the nature of the service interrupted; and 

    (iii) the effect of the interrupted service on the health, 
 welfare, and safety of the tenants.  

    HIST: 1998 c 253 s 30 

     504A.255 Restriction on eviction due to familial status. 

    (a) A residential tenant may not be evicted or denied 
 continuing tenancy or lease renewal on the basis of familial 
 status as defined in section 363.01, subdivision 19, if the 
 status began during the tenancy unless:  

    (1) one year has elapsed from the beginning of the familial 
 status; and 

    (2) the landlord has given the tenant six months' prior 
 notice in writing.  

    (b) Paragraph (a) does not apply in the case of nonpayment 
 of rent, damage to the property, disturbance of other tenants, 
 or other breach of a lease.  

    HIST: 1998 c 253 s 31 

     504A.261 Remedies are additional. 

    The remedies in sections 504A.245 to 504A.255 are in 
 addition to and do not limit other rights or remedies available 
 to landlords and residential tenants.  An oral or written 
 provision of a lease or other agreement, in which a provision of 
 sections 504A.245 to 504A.255 is waived by a residential tenant, 
 is contrary to public policy and void.  Sections 504A.245 to 
 504A.255 also apply to occupants and owners of residential real 
 property that is the subject of a mortgage foreclosure or 
 contract for deed cancellation and for which the period for 
 redemption or reinstatement of the contract has expired.  

    HIST: 1998 c 253 s 32 

     504A.265 Termination of lease upon death of residential 
  tenant. 

    Subdivision 1.    Termination of lease.  (a) A party to 
 a lease of residential property other than a tenancy at will, 
 may terminate the lease prior to its expiration date on the 
 death of the residential tenant or, if there is more than one 
 tenant, upon the death of all tenants.  

    (b) At least two months' written notice must be given by 
 the landlord or the personal representative of the residential 
 tenant's estate, effective on the last day of a calendar month, 
 and hand delivered or mailed by postage prepaid, first class 
 United States mail, to the address of the other party.  The 
 landlord may comply with the notice requirement by delivering or 
 mailing the notice to the property formerly occupied by the 
 residential tenant.  

    (c) The termination of a lease under this subdivision does 
 not relieve the residential tenant's estate from liability for 
 payment of rent or other money owed before or during the notice 
 period, or for the payment of money necessary to restore the 
 property to its condition at the beginning of the tenancy, 
 ordinary wear and tear excepted.  

    Subd. 2.    Waiver not allowed.  (a) The following 
 modifications of subdivision 1 are void and unenforceable: 

    (1) a waiver by a landlord and residential tenant or 
 tenant's personal representative, by contract or otherwise, of 
 the right of termination; and 

    (2) a lease provision or agreement requiring a longer 
 notice period. 

    (b) The landlord and residential tenant or tenant's 
 personal representative may agree to modify specific provisions 
 of subdivision 1 other than those prohibited in paragraph (a).  

    Subd. 3.    Applicability.  This section applies to 
 leases entered into or renewed after May 12, 1981.  

    HIST: 1998 c 253 s 33 

     504A.271 Termination notice for federally subsidized 
  housing. 

    A landlord of federally subsidized rental housing must give 
 residential tenants a one-year written notice under the 
 following conditions: 

    (1) a federal section 8 contract will expire; 

    (2) the landlord will exercise the option to terminate or 
 not renew a federal section 8 contract and mortgage; 

    (3) the landlord will prepay a mortgage and the prepayment 
 will result in the termination of any federal use restrictions 
 that apply to the housing; or 

    (4) the landlord will terminate a housing subsidy program. 

    The notice must be provided at the beginning of the lease 
 if it begins less than one year before any of the conditions in 
 clauses (1) to (4) apply.  

    HIST: 1998 c 253 s 34 

     504A.275 Unlawful occupation or possession. 

    No person may occupy or take possession of real property 
 except where occupancy or possession is allowed by law, and in 
 such cases, the person may not enter by force, but only in a 
 peaceable manner.  

    HIST: 1998 c 253 s 35 

     504A.290 When permitted. 

    A person may be evicted, removed, or excluded from real 
 property as described in sections 504A.205, 504A.275, 504A.701, 
 or 504A.705 or when a person unlawfully occupies or takes 
 possession of real property or unlawfully retains possession of 
 real property.  

    HIST: 1998 c 253 s 36 

     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 

     504A.305 Expedited proceedings. 

    A landlord may request expedited temporary relief by 
 bringing an action under section 609.748 or filing a petition 
 for a temporary restraining order, in conjunction with a 
 complaint filed under section 504A.301.  

    HIST: 1998 c 253 s 38 

     504A.311 Summons; how served. 

    (a) The summons must be served at least seven days before 
 the date of the court appearance specified in section 504A.301, 
 subdivision 2, paragraph (b), in the manner provided for service 
 of a summons in a civil action in district court.  It may be 
 served by any person not named a party to the action.  

    (b) If the defendant cannot be found in the county, the 
 summons may be served at least seven days before the date of the 
 court appearance by: 

    (1) leaving a copy at the defendant's last usual place of 
 abode with a family member or a person of suitable age and 
 discretion residing there; or 

    (2) if the defendant had no place of abode, by leaving a 
 copy at the property described in the complaint with a person of 
 suitable age and discretion residing there.  

    (c) Failure of the sheriff or constable to serve the 
 defendant is prima facie proof that the defendant cannot be 
 found in the county.  

    (d) Where the defendant cannot be found in the county, 
 service of the summons may be made upon the defendant by posting 
 the summons in a conspicuous place on the property for not less 
 than one week if: 

    (1)(i) the property described in the complaint is 
 nonresidential and no person actually occupies the property; or 

    (ii) the property described in the complaint is residential 
 and service has been attempted at least twice on different days, 
 with at least one of the attempts having been made between the 
 hours of 6:00 and 10:00 p.m.; and 

    (2) the plaintiff or the plaintiff's attorney has filed an 
 affidavit stating that: 

    (i) the defendant cannot be found or that the person filing 
 the affidavit or that person's attorney believes that the 
 defendant is not in the state; and 

    (ii) a copy of the summons has been mailed to the defendant 
 at the defendant's last known address if any is known to the 
 plaintiff.  

    (e) If the defendant or the defendant's attorney does not 
 appear in court on the date of the appearance, the trial shall 
 proceed.  

    HIST: 1998 c 253 s 39 

     504A.315 Answer; trial. 

    (a) At the court appearance specified in the summons, the 
 renter may answer the complaint, and the court shall hear and 
 determine the action, unless it adjourns the trial as provided 
 in section 504A.321.  

    (b) Either party may demand a trial by jury. 

    (c) The proceedings in the action are the same as in other 
 civil actions, except as provided in sections 504A.301 to 
 504A.415.  

    (d) The court, in scheduling appearances and hearings under 
 this section, shall give priority to any unlawful detainer 
 brought under section 504A.701, or on the basis that the renter 
 is causing a nuisance or seriously endangers the safety of other 
 residents, their property, or the landlord's property.  

    HIST: 1998 c 253 s 40 

     504A.321 Adjournment. 

    (a) In all actions brought under sections 504A.301 to 
 504A.415, the court, in its discretion, may adjourn the trial 
 for no more than six days unless all parties consent to a longer 
 adjournment. 

    (b) In all actions brought under sections 504A.301 to 
 504A.415, other than actions on a written lease signed by both 
 parties, the court shall adjourn the trial as necessary but for 
 no more than three months if the defendant or the defendant's 
 agent or attorney: 

    (1) swears that the defendant cannot proceed to trial 
 because a material witness is not present; 

    (2) names the witness; 

    (3) swears that the defendant has made due exertion to 
 obtain the witness; 

    (4) states the belief that if the adjournment is allowed 
 the defendant will be able to procure the attendance of the 
 witness at the trial or to obtain the witness' deposition; and 

    (5) gives a bond that the landlord will be paid all rent 
 that accrues during the pendency of the action and all costs and 
 damages that accrue due to the adjournment.  

    HIST: 1998 c 253 s 41 

     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 

     504A.331 Failure of jury to reach a verdict. 

    If the jury cannot agree upon a verdict, the court may 
 discharge the members and issue an order impaneling a new jury.  

    HIST: 1998 c 253 s 43 

     504A.335 Order to vacate; effect of appeal. 

    (a) If the defendant or the defendant's attorney against 
 whom an order to vacate is entered informs the court the 
 defendant intends to appeal, the court shall not issue an order 
 to vacate for at least 24 hours after judgment. 

    (b) Notwithstanding paragraph (a), in an action on a lease 
 against a renter who retains possession after the expiration of 
 the term of the lease, or a termination by a notice to quit, an 
 order to vacate may be issued immediately if the landlord gives 
 a bond that the landlord will pay all costs and damages if, on 
 appeal, the order to vacate is reversed and a new trial is 
 ordered.  

    HIST: 1998 c 253 s 44 

     504A.341 Appeal; stay. 

    (a) Either party may appeal the judgment within ten days as 
 provided for civil actions in district court except that if the 
 party appealing remains in possession of the property, that 
 party must give bond that:  

    (1) all costs of the appeal will be paid; 

    (2) the order on appeal will be observed; and 

    (3) all rent and other damages will be paid to the party 
 excluded from possession during the pendency of the appeal. 

    (b) After the appeal is taken, all further proceedings in 
 the case are stayed, except as provided in section 504A.335, 
 paragraph (b).  In that case, the appellate court shall issue 
 orders necessary to carry out its judgment.  

    HIST: 1998 c 253 s 45 

     504A.345 Appeal after order to vacate; stay. 

    (a) If an order to vacate has been issued before an appeal 
 is made, the court shall give the appellant a certificate to 
 that effect.  When the officer who has the order to vacate is 
 served with the certificate, the officer shall cease all further 
 proceedings under it.  If the order has not been completely 
 executed, the renter shall remain in possession of the property 
 until the appeal is decided.  

    (b) This section does not apply to a renter who retains 
 possession as described in section 504A.335, paragraph (b).  

    HIST: 1998 c 253 s 46 

     504A.351 Dismissal of appeals; amendments; return. 

    In all cases of appeal, the appellate court shall not 
 dismiss proceedings solely because the requirements of sections 
 504A.301 to 504A.415 have not been met, as long as the 
 proceedings have been conducted substantially in accordance with 
 sections 504A.301 to 504A.415.  Amendments may be allowed at any 
 time the court finds justified, as in other civil cases in 
 district court.  The appellate court may compel the trial court, 
 by attachment, to make or amend any return which is withheld or 
 improperly or insufficiently made.  

    HIST: 1998 c 253 s 47 

     504A.401 Form of verdict. 

    The verdict of the jury or the finding of the court in 
 favor of the plaintiff in an action under sections 504A.301 to 
 504A.415 must be substantially in the following form: 

    At a court held at ....., on the ..... day of ....., 
 ......., before ....., a judge in and for the county of ..... in 
 an action between ....., plaintiff, and ....., defendant, the 
 jury (or, if the action is tried without a jury, the court) 
 finds that the facts alleged in the complaint are true, and the 
 defendant shall vacate the property immediately.  

    .....................  

    Judge of .............court. 

    If the verdict or finding is for the defendant, it is 
 sufficient to find that the facts alleged in the complaint are 
 not true.  

    HIST: 1998 c 253 s 48; 1998 c 254 art 1 s 107 

     504A.405 Forms of summons and order. 

    The summons and order to vacate may be substantially in the 
 following forms: 

                         FORM OF SUMMONS 

  
   State of Minnesota)  
                     ) ss.  
   County of ........)  

    Whereas, ....., of ....., has filed with the undersigned, a 
 judge of county stated, a complaint against ....., of ....., 
 copy attached:  You are hereby summoned to appear before the 
 undersigned on the ..... day of ....., ......., at ..... o'clock 
 .....m., at ....., to answer and defend against the complaint 
 and to further be dealt with according to law.  

    Dated at ....., this ..... day of ....., .......  

    ............................., 

    Judge of ....... court.  

                     FORM OF ORDER TO VACATE

  
   State of Minnesota)  
                     ) ss.  
   County of ........)  

    The State of Minnesota, to the Sheriff or Any Constable of 
 the County: 

    Whereas, ....., the plaintiff, of ....., in an action for 
 an order to vacate, at a court held at ....., in the county of 
 ..........., on the ..... day of ....., ......., before ....., a 
 judge of the county, recovered a judgment against ....., the 
 defendant, of ....., to have the following property vacated 
 (describe here the property as in the complaint): 

    Therefore, you are commanded that, taking with you the 
 force of the county, if necessary, you cause the defendant to be 
 immediately removed from the property, and the plaintiff to 
 recover the property.  You are also commanded that from the 
 personal property of the defendant within the county that you 
 seize and sell, the plaintiff be paid ... dollars, as the costs 
 assessed against the defendant, together with 25 cents for this 
 order.  You are ordered to return with this order within 30 days.

    Dated at ....., this ..... day of ....., ....... 

    ............................., 

    Judge of ........ court.  

    HIST: 1998 c 253 s 49; 1998 c 254 art 1 s 107 

     504A.411 Notice of priority order. 

    The court shall identify an order to vacate property that 
 is issued pursuant to an eviction action 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 and clearly note on the 
 order to vacate that it is a priority order.  Notice that it is 
 a priority order must be made in a manner that is obvious to an 
 officer who must execute the order under section 504A.415.  

    HIST: 1998 c 253 s 50 

     504A.415 Execution of the order to vacate. 

    Subdivision 1.    General.  (a) The officer who holds 
 the order to vacate shall execute it by demanding that the 
 renter, if found in the county, any adult member of the renter's 
 family who is occupying the property, or any other person in 
 charge, to leave, taking family and all personal property from 
 the property within 24 hours.  

    (b) If the renter fails to comply with the demand, then the 
 officer shall bring, if necessary, the force of the county and 
 any necessary assistance, at the cost of the landlord.  The 
 officer shall remove the renter, family, and all personal 
 property from the property and place the landlord in possession. 

    (c) If the renter cannot be found in the county, and there 
 is no person in charge of the property, then the officer shall 
 enter the property, breaking in if necessary, and remove and 
 store the personal property of the renter at a place designated 
 by the landlord as provided in subdivision 3. 

    (d) The order may also be executed by a licensed police 
 officer or community crime prevention licensed police officer.  

    Subd. 2.    Priority; execution of priority order.  An 
 officer shall give priority to the execution, under this 
 section, of any order to vacate that is based on an eviction 
 action under section 504A.701, or on the basis that the renter 
 is causing a nuisance or seriously endangers the safety of other 
 residents, their property, or the landlord's property.  

    Subd. 3.    Removal and storage of property.  (a) If the 
 renter's personal property is to be stored in a place other than 
 the property, the officer shall remove all personal property of 
 the renter at the expense of the landlord.  

    (b) The renter must make immediate payment for all expenses 
 of removing personal property from the property.  If the renter 
 fails or refuses to do so, the landlord has a lien on all the 
 personal property for the reasonable costs and expenses incurred 
 in removing, caring for, storing, and transporting it to a 
 suitable storage place. 

    (c) The landlord may enforce the lien by detaining the 
 personal property until paid.  If no payment has been made for 
 60 days after the execution of the order to vacate, the landlord 
 may hold a public sale as provided in sections 514.18 to 514.22. 

    (d) If the renter's personal property is to be stored on 
 the property, the officer shall enter the property, breaking in 
 if necessary, and the landlord may remove the renter's personal 
 property.  Section 504A.245 applies to personal property removed 
 under this paragraph.  The landlord must prepare an inventory 
 and mail a copy of the inventory to the renter's last known 
 address or, if the renter has provided a different address, to 
 the address provided.  The inventory must be prepared, signed, 
 and dated in the presence of the officer and must include the 
 following: 

    (1) a list of the items of personal property and a 
 description of its condition; 

    (2) the date, the signature of the renter or the renter's 
 agent, and the name and telephone number of a person authorized 
 to release the personal property; and 

    (3) the name and badge number of the officer. 

    (e) The officer must retain a copy of the inventory.  

    (f) The landlord is responsible for the proper removal, 
 storage, and care of the renter's personal property and is 
 liable for damages for loss of or injury to it caused by the 
 landlord's failure to exercise the same care that a reasonably 
 careful person would exercise under similar circumstances. 

    (g) The landlord shall notify the renter of the date and 
 approximate time the officer is scheduled to remove the renter, 
 family, and personal property from the property.  The notice 
 must be sent by first-class mail.  In addition, the landlord 
 must make a good faith effort to notify the renter by 
 telephone.  The notice must be mailed as soon as the information 
 regarding the date and approximate time the officer is scheduled 
 to enforce the order is known to the landlord, except that the 
 scheduling of the officer to enforce the order need not be 
 delayed because of the notice requirement.  The notice must 
 inform the renter that the renter and the renter's personal 
 property will be removed from the property if the renter has not 
 vacated the property by the time specified in the notice.  

    Subd. 4.    Second and fourth judicial districts.  In 
 the second and fourth judicial districts, the housing calendar 
 consolidation project shall retain jurisdiction in matters 
 relating to removal of personal property under this section.  If 
 the landlord refuses to return the property after proper demand 
 is made as provided in section 504A.245, the court shall enter 
 an order requiring the landlord to return the property to the 
 renter and awarding reasonable expenses including attorney fees 
 to the renter.  

    Subd. 5.    Penalty; waiver not allowed.  Unless the 
 property has been abandoned, a landlord, an agent, or other 
 person acting under the landlord's direction or control who 
 enters the property and removes the renter's personal property 
 in violation of this section is guilty of an unlawful eviction 
 under section 504A.251, paragraph (c), and is subject to penalty 
 under section 504A.251, paragraph (a).  This section may not be 
 waived or modified by lease or other agreement.  

    HIST: 1998 c 253 s 51 

     504A.421 Unlawful exclusion or removal; recovery of 
  possession. 

    Subdivision 1.    Unlawful exclusion or removal.  (a) 
 This section applies to actual or constructive removal or 
 exclusion of a residential tenant which may include the 
 termination of utilities or the removal of doors, windows, or 
 locks.  A residential tenant to whom this section applies may 
 recover possession of the property as described in paragraphs 
 (b) to (e). 

    (b) The residential tenant shall present a verified 
 petition to the district court of the judicial district of the 
 county in which the property is located that: 

    (1) describes the property and the landlord; 

    (2) specifically states the facts and grounds that 
 demonstrate that the eviction was unlawful, including a 
 statement that no judgment and order to vacate has been issued 
 under section 504A.325 in favor of the landlord and against the 
 residential tenant and executed in accordance with section 
 504A.415; and 

    (3) asks for possession.  

    (c) If it clearly appears from the specific grounds and 
 facts stated in the verified petition or by separate affidavit 
 of the residential tenant or the residential tenant's attorney 
 or agent that the eviction was unlawful, the court shall 
 immediately order that the residential tenant have possession of 
 the property.  

    (d) The residential tenant shall furnish security, if any, 
 that the court finds is appropriate under the circumstances for 
 payment of all costs and damages the landlord may sustain if the 
 order is subsequently found to have been obtained wrongfully.  
 In determining the appropriateness of security, the court shall 
 consider the residential tenant's ability to afford monetary 
 security.  

    (e) The court shall direct the order to the sheriff or any 
 constable of the county in which the property is located and the 
 sheriff or constable shall execute the order immediately by 
 making a demand for possession on the landlord, if found, or the 
 landlord's agent or other person in charge of the property.  If 
 the landlord fails to comply with the demand, the officer shall 
 take whatever assistance may be necessary and immediately place 
 the residential tenant in possession of the property.  If the 
 landlord, the landlord's agent, or other person in control of 
 the property cannot be found and if there is no person in 
 charge, the officer shall immediately enter into and place the 
 residential tenant in possession of the property.  The officer 
 shall also serve the order and verified petition or affidavit 
 immediately upon the landlord or agent, in the same manner as a 
 summons is required to be served in a civil action in district 
 court.  

    Subd. 2.    Motion for dissolution or modification of 
 order.  The landlord may, by written motion and notice served 
 by mail or personally on the residential tenant or the 
 residential tenant's attorney at least two days before the 
 hearing date on the motion, obtain dissolution or modification 
 of the order for possession issued under subdivision 1, 
 paragraph (c), unless the residential tenant proves the facts 
 and grounds on which the order is issued.  A landlord bringing a 
 motion under this subdivision may recover possession of the 
 property only in accordance with sections 504A.205 to 504A.215 
 and 504A.301 to 504A.415 or otherwise provided by law.  Upon the 
 dissolution of the order, the court shall assess costs against 
 the residential tenant, subject to the provisions of section 
 563.01, and may allow damages and reasonable attorney fees for 
 the wrongful granting of the order for possession.  If the order 
 is affirmed, the court shall tax costs against the landlord and 
 may allow the residential tenant reasonable attorney fees.  

    Subd. 3.    Finality of order.  An order issued under 
 subdivision 1, paragraph (c), or affirmed, modified, or 
 dissolved under subdivision 2, is a final order for purposes of 
 appeal.  Either party may appeal the order within ten days after 
 entry.  If the party appealing remains in possession of the 
 property, bond must be given to: 

    (1) pay all costs of the appeal; 

    (2) obey the court's order; and 

    (3) pay all rent and other damages that justly accrue to 
 the party excluded from possession during the pendency of the 
 appeal.  

    Subd. 4.    Waiver not allowed.  A provision of an oral 
 or written lease or other agreement in which a residential 
 tenant waives this section is contrary to public policy and void.

    Subd. 5.    Purpose.  The purpose of this section is to 
 provide an additional and summary remedy for residential tenants 
 unlawfully evicted from rental property and except where 
 expressly provided in this section, sections 504A.205 to 
 504A.215 and 504A.301 to 504A.415 do not apply to proceedings 
 under this section.  

    Subd. 6.    Application.  In addition to residential 
 tenants and landlords, this section applies to: 

    (1) occupants and owners of residential real property that 
 is the subject of a mortgage foreclosure or contract for deed 
 cancellation for which the period for redemption or 
 reinstatement of the contract has expired; and 

    (2) mortgagees and contract for deed vendors.  

    HIST: 1998 c 253 s 52,79 

     504A.501 Inspection; notice. 

    Subdivision 1.    Who may request.  On demand by a 
 residential tenant, neighborhood organization with the written 
 permission of a residential tenant or, if a residential building 
 is unoccupied, by a neighborhood organization, an inspection 
 shall be made by the local authority charged with enforcing a 
 code claimed to be violated.  

    Subd. 2.    Notice.  (a) After the local authority has 
 inspected the residential building under subdivision 1, the 
 inspector shall inform the landlord or the landlord's agent and 
 the complaining residential tenant or neighborhood organization 
 in writing of any code violations discovered.  

    (b) A reasonable period of time must be allowed in which to 
 correct the violations.  

    Subd. 3.    When action may be brought.  (a) After an 
 inspection has been made, an action may not be brought under 
 sections 504A.501 to 504A.581 until the time granted under 
 subdivision 2, paragraph (b), has expired and satisfactory 
 repairs have not been made.  

    (b) Notwithstanding paragraph (a), an action may be brought 
 if the residential tenant, or neighborhood organization with the 
 written permission of a tenant, alleges the time in subdivision 
 1, paragraph (b), is excessive.  

    Subd. 4.    Landlord must be informed.  A landlord must 
 be informed in writing of an alleged violation at least 14 days 
 before an action is brought by: 

    (1) a residential tenant of a residential building in which 
 a violation as defined in section 504A.001, subdivision 13, 
 clause (2) or (3), is alleged to exist; or 

    (2) a neighborhood organization, with the written 
 permission of a residential tenant of a residential building in 
 which a violation, as defined in section 504A.001, subdivision 
 13, clause (2), is alleged to exist.  

    The notice requirement may be waived if the court finds 
 that the landlord cannot be located despite diligent efforts.  

    HIST: 1998 c 253 s 53 

     504A.505 Special proceeding. 

    Subdivision 1.    Who may bring action.  An action may 
 be brought in district court by: 

    (1) a residential tenant of a residential building in which 
 a violation, as defined in section 504A.001, subdivision 13, is 
 alleged to exist; 

    (2) a neighborhood organization with the written permission 
 of a residential tenant of a residential building in which a 
 violation, as defined in section 504A.001, subdivision 13, 
 clause (1) or (2), is alleged to exist; 

    (3) a neighborhood organization that has within its 
 geographical area an unoccupied residential building in which a 
 violation, as defined in section 504A.001, subdivision 13, 
 clause (1) or (2), is alleged to exist; or 

    (4) a state, county, or local department or authority, 
 charged with the enforcement of codes relating to health, 
 housing, or building maintenance.  

    Subd. 2.    Venue.  The venue of the action authorized 
 by this section is the county where the residential building 
 alleged to contain violations is located.  

    Subd. 3.    Summons and complaint required.  The action 
 must be begun by service of a complaint and summons.  The 
 summons may be issued only by a judge or court administrator.  

    Subd. 4.    Contents of complaint.  (a) The complaint 
 must be verified and must: 

    (1) allege material facts showing that a violation or 
 violations exist in the residential building; 

    (2) state the relief sought; and 

    (3) list the rent due each month from each dwelling unit 
 within the residential building, if known.  

    (b) If the violation is a violation as defined in section 
 504A.001, subdivision 13, clause (1), the complaint must be 
 accompanied by: 

    (1) a copy of the official report of inspection by a 
 department of health, housing, or buildings, certified by the 
 custodian of records of that department stating:  

    (i) when and by whom the residential building concerned was 
 inspected; 

    (ii) what code violations were recorded; and 

    (iii) that notice of the code violations has been given to 
 the landlord; or 

    (2) a statement that a request for inspection was made to 
 the appropriate state, county, or municipal department, that 
 demand was made on the landlord to correct the alleged code 
 violation, and that a reasonable period of time has elapsed 
 since the demand or request was made.  

    HIST: 1998 c 253 s 54 

     504A.511 Emergency relief proceeding. 

    Subdivision 1.    Petition.  A person authorized to 
 bring an action under section 504A.505, subdivision 1, may 
 petition the court for relief in cases of emergency involving 
 the loss of running water, hot water, heat, electricity, 
 sanitary facilities, or other essential services or facilities 
 that the landlord is responsible for providing.  

    Subd. 2.    Venue.  The venue of the action authorized 
 by this section is the county where the residential building 
 alleged to contain the emergency condition is located.  

    Subd. 3.    Petition information.  The petitioner must 
 present a verified petition to the district court that contains: 

    (1) a description of the property and the identity of the 
 landlord; 

    (2) a statement of the facts and grounds that demonstrate 
 the existence of an emergency caused by the loss of essential 
 services or facilities; and 

    (3) a request for relief.  

    Subd. 4.    Notice.  The petitioner must attempt to 
 notify the landlord, at least 24 hours before application to the 
 court, of the petitioner's intent to seek emergency relief.  An 
 order may be granted without notice to the landlord if the court 
 finds that reasonable efforts, as contained in the petition or 
 by separate affidavit, were made to notify the landlord but that 
 the efforts were unsuccessful.  

    Subd. 5.    Relief; service of order.  The court may 
 order relief as provided in section 504A.535.  The petitioner 
 shall serve the order on the landlord personally or by mail as 
 soon as practicable.  

    Subd. 6.    Limitation.  The residential tenant remedy 
 under this section does not extend to emergencies that are the 
 result of the deliberate or negligent act or omission of a 
 residential tenant or anyone acting under the direction or 
 control of the residential tenant.  

    Subd. 7.    Effect of other laws.  Section 504A.501 does 
 not apply to a petition for emergency relief under this section. 

    HIST: 1998 c 253 s 55 

     504A.515 Summons. 

    Subdivision 1.    Contents.  (a) On receipt of the 
 complaint in section 504A.505, the court administrator shall 
 prepare a summons.  The summons shall: 

    (1) specify the time and place of the hearing to be held on 
 the complaint; and 

    (2) state that if at the time of the hearing a defense is 
 not interposed and established by the landlord, judgment may be 
 entered for the relief requested and authorized by sections 
 504A.501 to 504A.581. 

    (b) The hearing must be scheduled within five to ten days 
 after receipt of the complaint by the court administrator.  

    Subd. 2.    Service.  The summons and complaint must be 
 served upon the landlord or the landlord's agent within five to 
 ten days before the hearing.  Service shall be by personal 
 service upon the defendant pursuant to the Minnesota Rules of 
 Civil Procedure.  If service cannot be made with due diligence, 
 service may be made by affixing a copy of the summons and 
 complaint prominently to the residential building involved, and 
 mailing at the same time a copy of the summons and complaint by 
 certified mail to the last known address of the landlord.  

    HIST: 1998 c 253 s 56 

     504A.521 Answer. 

    At or before the time of the hearing, the landlord may 
 answer in writing.  Defenses that are not contained in a written 
 answer must be orally pleaded at the hearing before any 
 testimony is taken.  No delays in the date of hearing may be 
 granted to allow time to prepare a written answer or reply 
 except with the consent of all parties.  

    HIST: 1998 c 253 s 57 

     504A.525 Defenses. 

    It is a sufficient defense to a complaint under section 
 504A.505 or 504A.585 that: 

    (1) the violation or violations alleged in the complaint do 
 not exist or that the violation or violations have been removed 
 or remedied; 

    (2) the violations have been caused by the willful, 
 malicious, negligent, or irresponsible conduct of a complaining 
 residential tenant or anyone under the tenant's direction or 
 control; or 

    (3) a residential tenant of the residential building has 
 unreasonably refused entry to the landlord or the landlord's 
 agent to a portion of the property for the purpose of correcting 
 the violation, and that the effort to correct was made in good 
 faith.  

    HIST: 1998 c 253 s 58 

     504A.531 Hearing. 

    If issues of fact are raised, they must be tried by the 
 court without a jury.  The court may grant a postponement of the 
 trial on its own motion or at the request of a party if it 
 determines that postponements are necessary to enable a party to 
 procure necessary witnesses or evidence.  A postponement must be 
 for no more than ten days except by consent of all appearing 
 parties.  

    HIST: 1998 c 253 s 59 

     504A.535 Judgment. 

    (a) If the court finds that the complaint in section 
 504A.505 has been proved, it may, in its discretion, take any of 
 the actions described in paragraphs (b) to (g), either alone or 
 in combination. 

    (b) It may order the landlord to remedy the violation or 
 violations found by the court to exist if the court is satisfied 
 that corrective action will be undertaken promptly.  

    (c) It may order the residential tenant to remedy the 
 violation or violations found by the court to exist and deduct 
 the cost from the rent subject to the terms as the court 
 determines to be just. 

    (d) It may appoint an administrator with powers described 
 in section 504A.555, and direct that: 

    (1) the following rents due shall be deposited with the 
 administrator appointed by the court: 

    (i) rents on and from the day of entry of judgment, in the 
 case of petitioning residential tenants or neighborhood 
 organizations; and 

    (ii) rents on and from the day of service of the judgment 
 on all other residential and commercial tenants of the 
 residential building, if any; and 

    (2) the administrator use the rents collected to remedy the 
 violations found to exist by the court by paying the debt 
 service, taxes, and insurance, and providing the services 
 necessary to the ordinary operation and maintenance of the 
 residential building which the landlord is obligated to provide 
 but fails or refuses to provide.  

    (e) It may find the extent to which any uncorrected 
 violations impair the residential tenants' use and enjoyment of 
 the property contracted for and order the rent abated 
 accordingly.  If the court enters judgment under this paragraph, 
 the parties shall be informed and the court shall determine the 
 amount by which the rent is to be abated.  

    (f) It may, after termination of administration, continue 
 the jurisdiction of the court over the residential building for 
 a period of one year and order the landlord to maintain the 
 residential building in compliance with all applicable state, 
 county, and city health, safety, housing, building, fire 
 prevention, and housing maintenance codes.  

    (g) It may grant any other relief it finds just and proper, 
 including a judgment against the landlord for reasonable 
 attorney fees, not to exceed $500, in the case of a prevailing 
 residential tenant or neighborhood organization.  The $500 
 limitation does not apply to awards made under section 549.211 
 or other specific statutory authority.  

    HIST: 1998 c 253 s 60 

     504A.541 Service of judgment. 

    A copy of the judgment must be personally served on every 
 residential and commercial tenant of the residential building 
 whose obligations will be affected by the judgment.  If, with 
 due diligence, personal service cannot be made, service may be 
 made by posting a notice of the judgment on the entrance door of 
 the residential tenant's dwelling or commercial tenant's unit 
 and by mailing a copy of the judgment to the residential tenant 
 or commercial tenant by certified mail.  

    HIST: 1998 c 253 s 61 

     504A.545 Landlord's right to collect rent suspended. 

    If an administrator has been appointed pursuant to section 
 504A.531, paragraph (d), the landlord is not entitled to collect 
 rent from the time of judgment or service of judgment until the 
 administration is terminated.  

    HIST: 1998 c 253 s 62 

     504A.551 Residential tenant may not be penalized for 
  complaint. 

    A residential tenant may not be evicted, nor may the 
 residential tenant's obligations under a lease be increased or 
 the services decreased, if the eviction or increase of 
 obligations or decrease of services is intended as a penalty for 
 the residential tenant's or neighborhood organization's 
 complaint of a violation.  The burden of proving otherwise is on 
 the landlord if the eviction or increase of obligations or 
 decrease of services occurs within 90 days after filing the 
 complaint, unless the court finds that the complaint was not 
 made in good faith.  After 90 days the burden of proof is on the 
 residential tenant.  

    HIST: 1998 c 253 s 63 

     504A.555 Administrator. 

    Subdivision 1.    Appointment.  The administrator may be 
 a person, local government unit or agency, other than a landlord 
 of the building, the inspector, the complaining residential 
 tenant, or a person living in the complaining residential 
 tenant's dwelling unit.  If a state or court agency is 
 authorized by statute, ordinance, or regulation to provide 
 persons or neighborhood organizations to act as administrators 
 under this section, the court may appoint them to the extent 
 they are available.  

    Subd. 2.    Posting bond.  A person or neighborhood 
 organization appointed as administrator shall post bond to the 
 extent of the rents expected by the court to be necessary to be 
 collected to correct the violation or violations.  
 Administrators appointed from governmental agencies need not 
 give bond.  

    Subd. 3.    Expenses.  The court may allow a reasonable 
 amount for the services of administrators and the expense of the 
 administration from rent money.  When the administration 
 terminates, the court may enter judgment against the landlord in 
 a reasonable amount for the services and expenses incurred by 
 the administrator.  

    Subd. 4.    Powers.  The administrator may: 

    (1) collect rents from residential and commercial tenants, 
 evict residential and commercial tenants for nonpayment of rent 
 or other cause, enter into leases for vacant dwelling units, 
 rent vacant commercial units with the consent of the landlord, 
 and exercise other powers necessary and appropriate to carry out 
 the purposes of sections 504A.501 to 504A.581; 

    (2) contract for the reasonable cost of materials, labor, 
 and services necessary to remedy the violation or violations 
 found by the court to exist and for the rehabilitation of the 
 property to maintain safe and habitable conditions over the 
 useful life of the property, and may disburse money for these 
 purposes from funds available for the purpose; 

    (3) provide services to the residential tenants that the 
 landlord is obligated to provide but refuses or fails to 
 provide, and may pay for them from funds available for the 
 purpose; 

    (4) petition the court, after notice to the parties, for an 
 order allowing the administrator to encumber the property to 
 secure funds to the extent necessary to cover the costs 
 described in clause (2), including reasonable fees for the 
 administrator's services, and to pay for the costs from funds 
 derived from the encumbrance; and 

    (5) petition the court, after notice to the parties, for an 
 order allowing the administrator to receive funds made available 
 for this purpose by the federal or state governing body or the 
 municipality to the extent necessary to cover the costs 
 described in clause (2) and pay for them from funds derived from 
 this source.  

    The municipality shall recover disbursements under clause 
 (5) by special assessment on the real estate affected, bearing 
 interest at the rate determined by the municipality, but not to 
 exceed the rate established for finance charges for open-end 
 credit sales under section 334.16, subdivision 1, clause (b).  
 The assessment, interest, and any penalties shall be collected 
 as are special assessments made for other purposes under state 
 statute or municipal charter.  

    Subd. 5.    Termination of administration.  At any time 
 during the administration, the administrator or any party may 
 petition the court after notice to all parties for an order 
 terminating the administration on the ground that the funds 
 available to the administrator are insufficient to effect the 
 prompt remedy of the violations.  When the court finds that the 
 petition is proved, the court shall terminate the administration 
 and proceed to judgment under section 504A.535, paragraph (e).  

    Subd. 6.    Residential building repairs and services.  
 The administrator must first contract and pay for residential 
 building repairs and services necessary to keep the residential 
 building habitable before other expenses may be paid.  If 
 sufficient funds are not available for paying other expenses, 
 such as tax and mortgage payments, after paying for necessary 
 repairs and services, the landlord is responsible for the other 
 expenses.  

    Subd. 7.    Administrator's liability.  The 
 administrator may not be held personally liable in the 
 performance of duties under this section except for misfeasance, 
 malfeasance, or nonfeasance of office.  

    Subd. 8.    Dwelling's economic viability.  In 
 considering whether to grant the administrator funds under 
 subdivision 4, the court must consider: 

    (1) the long-term economic viability of the dwelling; 

    (2) the causes leading to the appointment of an 
 administrator; 

    (3) the repairs necessary to bring the property into code 
 compliance; 

    (4) the market value of the property; and 

    (5) whether present and future rents will be sufficient to 
 cover the cost of repairs or rehabilitation.  

    HIST: 1998 c 253 s 64 

     504A.561 Receivership revolving loan fund. 

    The Minnesota housing finance agency may establish a 
 revolving loan fund to pay the administrative expenses of 
 receivership administrators under section 504A.555 for 
 properties for occupancy by low- and moderate-income persons or 
 families.  Landlords must repay administrative expense payments 
 made from the fund.  

    HIST: 1998 c 253 s 65 

     504A.565 Removal of administrator. 

    Subdivision 1.    Petition by administrator.  The 
 administrator may, after notice to all parties, petition the 
 court to be relieved of duties, including in the petition the 
 reasons for it.  The court may, in its discretion, grant the 
 petition and discharge the administrator after approval of the 
 accounts.  

    Subd. 2.    Petition by a party.  A party may, after 
 notice to the administrator and all other parties, petition the 
 court to remove the administrator.  If the party shows good 
 cause, the court shall order the administrator removed and 
 direct the administrator to immediately deliver to the court an 
 accounting of administration.  The court may make any other 
 order necessary and appropriate under the circumstances.  

    Subd. 3.    Appointment of new administrator.  If the 
 administrator is removed, the court shall appoint a new 
 administrator in accordance with section 504A.555, giving all 
 parties an opportunity to be heard.  

    HIST: 1998 c 253 s 66 

     504A.571 Termination of administration. 

    Subdivision 1.    Events of termination.  The 
 administration shall be terminated after one of the following: 

    (1) certification is secured from the appropriate 
 governmental agency that the violations found by the court to 
 exist at the time of judgment have been remedied; or 

    (2) an order pursuant to section 504A.555, subdivision 5.  

    Subd. 2.    Accounting by administrator.  After the 
 occurrence of one of the conditions in subdivision 1, the 
 administrator shall: 

    (1) submit to the court an accounting of receipts and 
 disbursements of the administration together with copies of all 
 bills, receipts and other memoranda pertaining to the 
 administrator, and, where appropriate, a certification by an 
 appropriate governmental agency that the violations found by the 
 court to exist at the time of judgment have been remedied; and 

    (2) comply with any other order the court makes as a 
 condition of discharge.  

    Subd. 3.    Discharge of administrator.  After approval 
 by the court of the administrator's accounts and compliance by 
 the administrator with any other order the court may make as a 
 condition of discharge, the court shall discharge the 
 administrator from any further responsibilities pursuant to 
 sections 504A.501 to 504A.581.  

    HIST: 1998 c 253 s 67 

     504A.575 Waiver not allowed. 

    A provision of a lease or other agreement in which a 
 provision of sections 504A.501 to 504A.581 is waived by a 
 residential tenant is contrary to public policy and void.  

    HIST: 1998 c 253 s 68 

     504A.581 Purpose to provide additional remedies. 

    The purpose of sections 504A.501 to 504A.581 is to provide 
 additional remedies and nothing contained in those sections 
 alters the ultimate financial liability of the landlord or 
 residential tenant for repairs or maintenance of the building.  

    HIST: 1998 c 253 s 69 

     504A.585 Escrow of rent to remedy violations. 

    Subdivision 1.    Escrow of rent.  (a) If a violation 
 exists in a residential building, a residential tenant may 
 deposit the amount of rent due to the landlord with the court 
 administrator using the procedures described in paragraphs (b) 
 to (d).  

    (b) For a violation as defined in section 504A.001, 
 subdivision 13, clause (1), the residential tenant may deposit 
 with the court administrator the rent due to the landlord along 
 with a copy of the written notice of the code violation as 
 provided in section 504A.501, subdivision 2.  The residential 
 tenant may not deposit the rent or file the written notice of 
 the code violation until the time granted to make repairs has 
 expired without satisfactory repairs being made, unless the 
 residential tenant alleges that the time granted is excessive. 

    (c) For a violation as defined in section 504A.001, 
 subdivision 13, clause (2) or (3), the residential tenant must 
 give written notice to the landlord specifying the violation.  
 The notice must be delivered personally or sent to the person or 
 place where rent is normally paid.  If the violation is not 
 corrected within 14 days, the residential tenant may deposit the 
 amount of rent due to the landlord with the court administrator 
 along with an affidavit specifying the violation.  The court 
 must provide a simplified form affidavit for use under this 
 paragraph. 

    (d) The residential tenant need not deposit rent if none is 
 due to the landlord at the time the residential tenant files the 
 notice required by paragraph (b) or (c).  All rent which becomes 
 due to the landlord after that time but before the hearing under 
 subdivision 6 must be deposited with the court administrator.  
 As long as proceedings are pending under this section, the 
 residential tenant must pay rent to the landlord or as directed 
 by the court and may not withhold rent to remedy a violation.  

    Subd. 2.    Counterclaim for possession.  (a) The 
 landlord may file a counterclaim for possession of the property 
 in cases where the landlord alleges that the residential tenant 
 did not deposit the full amount of rent with the court 
 administrator.  

    (b) The court must set the date for a hearing on the 
 counterclaim within seven to 14 days from the day of filing the 
 counterclaim.  If the rent escrow hearing and the hearing on the 
 counterclaim for possession cannot be heard on the same day, the 
 matters must be consolidated and heard on the date scheduled for 
 the hearing on the counterclaim.  

    (c) The contents of the counterclaim for possession must 
 meet the requirements for a complaint under section 504A.301.  

    (d) The landlord must serve the counterclaim as provided in 
 section 504A.311, except that the affidavits of service or 
 mailing may be brought to the hearing rather than filed with the 
 court before the hearing.  

    (e) The court must provide a simplified form for use under 
 this section.  

    Subd. 3.    Defenses.  The defenses provided in section 
 504A.525 are defenses to an action brought under this section.  

    Subd. 4.    Filing fee.  The court administrator may 
 charge a filing fee in the amount set for complaints and 
 counterclaims in conciliation court, subject to the filing of an 
 inability to pay affidavit.  

    Subd. 5.    Notice of hearing.  (a) A hearing must be 
 held within ten to 14 days from the day a residential tenant 
 deposits rent with the court administrator.  

    (b) If the cost of remedying the violation, as estimated by 
 the residential tenant, is within the jurisdictional limit for 
 conciliation court, the court administrator shall notify the 
 landlord and the residential tenant of the time and place of the 
 hearing by first class mail. 

    (c) The residential tenant must provide the court 
 administrator with the landlord's name and address.  If the 
 landlord has disclosed a post office box as the landlord's 
 address under section 504A.155, notice of the hearing may be 
 mailed to the post office box.  

    (d) If the cost of remedying the violation, as estimated by 
 the tenant, is above the jurisdictional limit for conciliation 
 court, the tenant must serve the notice of hearing according to 
 the Minnesota Rules of Civil Procedure. 

    (e) The notice of hearing must specify the amount the 
 residential tenant has deposited with the court administrator, 
 and must inform the landlord that possession of the property 
 will not be in issue at the hearing unless the landlord files a 
 counterclaim for possession or an action under sections 504A.205 
 to 504A.215 and 504A.301 to 504A.415.  

    Subd. 6.    Hearing.  The hearing shall be conducted by 
 a court without a jury.  A certified copy of an inspection 
 report meets the requirements of rule 803(8) of the Minnesota 
 Rules of Evidence as an exception to the rule against hearsay, 
 and meets the requirements of rules 901 and 902 of the Minnesota 
 Rules of Evidence as to authentication.  

    Subd. 7.    Release of rent prior to hearing.  If the 
 residential tenant gives written notice to the court 
 administrator that the violation has been remedied, the court 
 administrator must release the rent to the landlord and, unless 
 the hearing has been consolidated with another action, must 
 cancel the hearing.  If the residential tenant and the landlord 
 enter into a written agreement signed by both parties 
 apportioning the rent between them, the court administrator must 
 release the rent in accordance with the written agreement and 
 cancel the hearing.  

    Subd. 8.    Consolidation with eviction.  Actions under 
 this section and actions for eviction brought under sections 
 504A.205 to 504A.215, 504A.301 to 504A.415, or section 504A.705 
 which involve the same parties must be consolidated and heard on 
 the date scheduled for the eviction.  

    Subd. 9.    Judgment.  (a) Upon finding that a violation 
 exists, the court may, in its discretion, do any or all of the 
 following: 

    (1) order relief as provided in section 504A.535, including 
 retroactive rent abatement; 

    (2) order that all or a portion of the rent in escrow be 
 released for the purpose of remedying the violation; 

    (3) order that rent be deposited with the court as it 
 becomes due to the landlord or abate future rent until the 
 landlord remedies the violation; or 

    (4) impose fines as required in section 504A.591.  

    (b) When a proceeding under this section has been 
 consolidated with a counterclaim for possession or an action for 
 eviction under sections 504A.205 to 504A.215, 504A.301 to 
 504A.415, or section 504A.705, and the landlord prevails, the 
 residential tenant may redeem the tenancy as provided in section 
 504A.201. 

    (c) When a proceeding under this section has been 
 consolidated with a counterclaim for possession or an action for 
 eviction under sections 504A.205 to 504A.215, 504A.301 to 
 504A.415, or section 504A.705 on the grounds of nonpayment, the 
 court may not require the residential tenant to pay the 
 landlord's filing fee as a condition of retaining possession of 
 the property when the residential tenant has deposited with the 
 court the full amount of money found by the court to be owed to 
 the landlord.  

    Subd. 10.    Release of rent after hearing.  If the 
 court finds, after a hearing on the matter has been held, that 
 no violation exists in the building or that the residential 
 tenant did not deposit the full amount of rent due with the 
 court administrator, it shall order the immediate release of the 
 rent to the landlord.  If the court finds that a violation 
 existed, but was remedied between the commencement of the action 
 and the hearing, it may order rent abatement and must release 
 the rent to the parties accordingly.  Any rent found to be owed 
 to the residential tenant must be released to the tenant.  

    Subd. 11.    Retaliation; waiver not allowed.  Section 
 504A.551 applies to proceedings under this section.  The 
 residential tenant rights under this section may not be waived 
 or modified and are in addition to and do not limit other rights 
 or remedies which may be available to the residential tenant and 
 landlord, except as provided in subdivision 1.  

    HIST: 1998 c 253 s 70 

     504A.591 Violations of building repair orders. 

    Subdivision 1.    Noncompliance; fines.  After finding a 
 landlord has willfully failed to comply with a court order to 
 remedy a violation, the court shall fine the landlord according 
 to the following schedule:  

    (1) $250 for the first failure to comply; 

    (2) $500 for the second failure to comply with an order 
 regarding the same violation; and 

    (3) $750 for the third and each subsequent failure to 
 comply with an order regarding the same violation.  

    Subd. 2.    Criminal penalty.  A landlord who willfully 
 fails to comply with a court order to remedy a violation is 
 guilty of a gross misdemeanor if it is the third or subsequent 
 time that the landlord has willfully failed to comply with an 
 order to remedy a violation within a three-year period.  

    HIST: 1998 c 253 s 71 

     504A.595 Code violations, disclosure. 

    (a) A state, county, or city agency charged by the 
 governing body of the appropriate political subdivision with 
 responsibility for enforcing a state, county, or city health, 
 housing, building, fire prevention, or housing maintenance code 
 shall make available to the persons described in paragraph (b) 
 code violation records that pertain to a particular parcel of 
 real property and the buildings, improvements, and dwelling 
 units located on it.  The records must be made available at 
 reasonable times, and upon reasonable notice to the custodian of 
 the records, for inspection, examination, abstracting, or 
 copying at the expense of the person obtaining the information.  

    (b) The persons to whom the records shall be available 
 under this section include, but are not limited to, the 
 following persons and their representatives: 

    (1) a person having any legal or beneficial interest in the 
 property, including a renter; 

    (2) a person considering in good faith the lease or 
 purchase of the property; 

    (3) a person authorized to request an inspection under 
 section 504A.501; and 

    (4) a party to any action related to the property, 
 including actions brought under sections 504A.125 and 504A.501 
 to 504A.581.  

    HIST: 1998 c 253 s 72 

     504A.601 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to sections 504A.601 to 504A.611.  

    Subd. 2.    Proper identification.  "Proper 
 identification" means information generally considered 
 sufficient to identify a person, including a Minnesota driver's 
 license, a Minnesota identification card, other forms of 
 identification provided by a unit of government, a notarized 
 statement of identity with a specimen signature of the person, 
 or other reasonable form of identification.  

    Subd. 3.    Residential tenant report.  "Residential 
 tenant report" means a written, oral, or other communication by 
 a residential tenant screening service that includes information 
 concerning an individual's credit worthiness, credit standing, 
 credit capacity, character, general reputation, personal 
 characteristics, or mode of living, that is collected, used, or 
 expected to be used for the purpose of making decisions relating 
 to residential tenancies or residential tenancy applications.  

    Subd. 4.    Residential tenant screening service.  
 "Residential tenant screening service" means a person or 
 business regularly engaged in the practice of gathering, 
 storing, or disseminating information about residential tenants 
 or assembling residential tenant reports for monetary fees, 
 dues, or on a cooperative nonprofit basis.  

    HIST: 1998 c 253 s 73 

     504A.605 Residential tenant reports; disclosure and 
  corrections. 

    Subdivision 1.    Disclosures required.  (a) On request 
 and proper identification, a residential tenant screening 
 service must disclose the following information to an individual:

    (1) the nature and substance of all information in its 
 files on the individual at the time of the request; and 

    (2) the sources of the information. 

    (b) A residential tenant screening service must make the 
 disclosures to an individual without charge if information in a 
 residential tenant report has been used within the 30 days 
 before the request to deny the rental to the individual or 
 increase the security deposit or rent of a residential housing 
 unit to the individual.  

    (c) If the residential tenant report has not been used to 
 deny the rental or increase the rent or security deposit of a 
 residential housing unit within the past 30 days, the 
 residential tenant screening service may impose a reasonable 
 charge for making the disclosure.  The residential tenant 
 screening service must notify the residential tenant of the 
 amount of the charge before furnishing the information.  The 
 charge may not exceed the amount that the residential tenant 
 screening service would impose on each designated recipient of a 
 residential tenant report, except that no charge may be made for 
 notifying persons of the deletion of information which is found 
 to be inaccurate or which can no longer be verified.  

    (d) Files maintained on a residential tenant must be 
 disclosed promptly as established in clauses (1) to (4). 

    (1) A tenant file must be disclosed in person, during 
 normal business hours, at the location where the tenant 
 screening service maintains its files, if the tenant appears in 
 person and furnishes proper identification at that time. 

    (2) A tenant file must be disclosed by mail, if the tenant 
 makes a written request with proper identification for a copy of 
 the information contained in the tenant report and requests that 
 the information be sent to a specified address.  A disclosure 
 made under this clause shall be deposited in the United States 
 mail, postage prepaid, within five business days after the 
 written request for disclosure is received by the tenant 
 screening service.  A tenant screening service complying with a 
 request for disclosure under this clause shall not be liable for 
 disclosures to third parties caused by mishandling mail, 
 provided that the tenant file information is mailed to the 
 address specified by the tenant in the request. 

    (3) A summary of the information in a tenant file must be 
 disclosed by telephone, if the tenant has made a written request 
 with proper identification for telephone disclosure. 

    (4) Information in a tenant's file required to be disclosed 
 in writing under this subdivision may be disclosed in any other 
 form including electronic means if authorized by the tenant and 
 available from the tenant screening service. 

    Subd. 2.    Corrections.  If the completeness or 
 accuracy of an item of information contained in an individual's 
 file is disputed by the individual, the residential tenant 
 screening service must reinvestigate and record the current 
 status of the information.  If the information is found to be 
 inaccurate or can no longer be verified, the residential tenant 
 screening service must delete the information from the 
 individual's file and residential tenant report.  At the request 
 of the individual, the residential tenant screening service must 
 give notification of the deletions to persons who have received 
 the residential tenant report within the six months before the 
 request.  

    Subd. 3.    Explanations.  The residential tenant 
 screening service must permit an individual to explain an 
 eviction report or a disputed item not resolved by 
 reinvestigation in a residential tenant report.  The explanation 
 must be included in the residential tenant report.  The 
 residential tenant screening service may limit the explanation 
 to no more than 100 words.  

    Subd. 4.    Court file information.  (a) If a 
 residential tenant screening service includes information from a 
 court file on an individual in a residential tenant report, the 
 report must provide the full name and date of birth of the 
 individual in any case where the court file includes the 
 individual's full name and date of birth, and the outcome of the 
 court proceeding must be accurately recorded in the report, 
 including the specific basis of the court's decision, when 
 available.  Whenever the court supplies information from a court 
 file on an individual, in whatever form, the court shall include 
 the full name and date of birth of the individual, if that is 
 indicated on the court file or summary and information on the 
 outcome of the court proceeding, including the specific basis of 
 the court's decision, coded as provided in subdivision 5 for the 
 type of action, when it becomes available.  The residential 
 tenant screening service is not liable under section 504A.611 if 
 the residential tenant screening service reports complete and 
 accurate information as provided by the court. 

    (b) A tenant screening service shall not provide tenant 
 reports containing information on eviction actions in the second 
 and fourth judicial districts, unless the tenant report 
 accurately records the outcome of the proceeding or other 
 disposition of the eviction action such as settlement, entry of 
 a judgment, default, or dismissal of the action.  

    Subd. 5.    Eviction action coding.  The court shall 
 indicate on the court file or any summary of a court file the 
 specific basis of the court's decision in an eviction action 
 according to codes developed by the court that, at a minimum, 
 indicates if the basis of the court's decision is nonpayment of 
 rent, a violation of the requirements under section 504A.611 or 
 504A.701, other breach of a lease agreement, or a counterclaim 
 for possession of the property under section 504A.581.  

    Subd. 6.    Information to residential tenant.  If the 
 landlord uses information in a residential tenant report to deny 
 the rental or increase the rent or security deposit of a 
 residential unit, the landlord must inform the prospective 
 tenant of the name and address of the residential tenant 
 screening service that provided the residential tenant report.  

    HIST: 1998 c 253 s 74 

     504A.611 Residential tenant report; remedies. 

    The remedies in section 8.31 apply to a violation of 
 section 504A.605.  A residential tenant screening service or 
 landlord that complies with the Fair Credit Reporting Act, 
 United States Code, title 15, section 1681, et seq., is 
 considered to comply with section 504A.605.  

    HIST: 1998 c 253 s 75 

     504A.701 Landlord and residential tenant may not allow 
  unlawful activities. 

    Subdivision 1.    Specific agreement.  (a) A landlord 
 and residential tenant agree that neither will: 

    (1) unlawfully allow controlled substances to be used on 
 the property, its lands, or common area; 

    (2) allow prostitution or prostitution-related activity as 
 defined in section 617.80, subdivision 4, to occur on the 
 property, its lands, or common area; 

    (3) allow the unlawful use or possession of a firearm in 
 violation of section 609.66, subdivision 1a, 609.67, or 624.713 
 on the property, its lands, or common area; 

    (4) allow stolen property or property obtained by robbery 
 in the property, its lands, or common area; and 

    (5) use, or allow others acting under the control of 
 either, to use the property's common area or lands to 
 manufacture, sell, give away, barter, deliver, exchange, 
 distribute, purchase, or possess a controlled substance in 
 violation of a criminal provision of chapter 152. 

    (b) This agreement is not violated when a person other than 
 the landlord or residential tenant possesses or allows 
 controlled substances on the property, its lands, or common area 
 unless the landlord or residential tenant knew or had reason to 
 know of that activity.  

    Subd. 2.    Breach voids right to possession.  (a) A 
 breach of the agreement in subdivision 1 voids the residential 
 tenant's right to possession of the property.  All other 
 provisions of the lease, including but not limited to the 
 obligation to pay rent, remain in effect until the lease is 
 terminated by the terms of the lease or operation of law. 

    (b) If the residential tenant breaches the agreement in 
 subdivision 1, the landlord may bring, or assign to the county 
 attorney of the county in which the property is located, the 
 right to bring an eviction action against the residential 
 tenant.  The assignment must be in writing on a form provided by 
 the county attorney, and the county attorney may determine 
 whether to accept the assignment.  If the county attorney 
 accepts the assignment of the landlord's right to bring an 
 eviction action: 

    (1) any court filing fee that would otherwise be required 
 in an eviction action is waived; and 

    (2) the landlord retains all the rights and duties, 
 including removal of the residential tenant's personal property, 
 following issuance of an order to vacate and delivery of the 
 writ to the sheriff for execution.  

    Subd. 3.    Waiver not allowed.  The landlord or 
 residential tenant may not waive or modify the prohibition 
 imposed by this section.  

    HIST: 1998 c 253 s 76,79 

     504A.705 Eviction for violation. 

    (a) A landlord may evict a residential tenant who is 
 subject to seizure under section 609.5317, subdivision 1, for 
 which there is not a defense under section 609.5317, subdivision 
 3. 

    (b) Landlords must give written notice to residential 
 tenants of the provision relating to seizures in paragraph (a).  
 Failure to give notice does not subject the landlord to criminal 
 or civil liability and is not a defense under section 609.5317, 
 subdivision 3.  

    HIST: 1998 c 253 s 77