1998 Minnesota Statutes

     566.175 Unlawful removal or exclusion; recovery of 
  possession. 

    Subdivision 1.    Unlawful exclusion or removal.  For 
 purposes of this section, "unlawfully removed or excluded" means 
 actual or constructive removal or exclusion.  Actual or 
 constructive removal or exclusion may include the termination of 
 utilities, or the removal of doors, windows, or locks.  Any 
 tenant who is unlawfully removed or excluded from lands or 
 tenements which are demised or let to the tenant may recover 
 possession of the premises in the following manner: 

    (a) The tenant shall present a verified petition to the 
 district court of the judicial district of the county in which 
 the premises are located, which petition shall: 

    (1) describe the premises of which possession is claimed 
 and the owner, as defined in section 566.18, subdivision 3, of 
 the premises; 

    (2) specifically state the facts and grounds that 
 demonstrate that the removal or exclusion was unlawful including 
 a statement that no judgment and writ of restitution have been 
 issued under section 566.09 in favor of the owner and against 
 petitioner as to the premises and executed in accordance with 
 section 566.17; and 

    (3) ask for possession thereof.  

    (b) If it clearly appears from the specific grounds and 
 facts stated in the verified petition or by separate affidavit 
 of petitioner or the petitioner's counsel or agent that the 
 removal or exclusion was unlawful, the court shall immediately 
 order that petitioner have possession of the premises.  

    (c) The petitioner shall furnish monetary or other security 
 if any as the court deems appropriate under the circumstances 
 for payment of all costs and damages the defendant may sustain 
 if the order is subsequently found to have been obtained 
 wrongfully.  In determining the appropriateness of any security 
 the court shall consider petitioner's ability to afford monetary 
 security.  

    (d) The court shall direct the order to the sheriff or any 
 constable of the county in which the premises is located and the 
 sheriff or constable shall execute the order immediately by 
 making a demand upon the defendant, if found, or the defendant's 
 agent or other person in charge of the premises, for possession 
 of the premises.  If the defendant fails to comply with the 
 demand, the officer shall take whatever assistance may be 
 necessary and immediately place the petitioner in possession of 
 the premises.  If the defendant or the defendant's agent or 
 other person in control of the premises cannot be found and if 
 there is no person in charge of the premises detained so that no 
 demand can be made, the officer shall immediately enter into 
 possession of the premises and place the petitioner in 
 possession of the premises.  The officer shall also serve the 
 order and verified petition or affidavit without delay upon the 
 defendant 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 defendant by written motion and notice served by 
 mail or personally upon petitioner or petitioner's attorney at 
 least two days prior to the hearing date on the motion may 
 obtain dissolution or modification of the order for possession, 
 issued pursuant to subdivision 1, clause (b), unless the 
 petitioner proves the facts and grounds upon which the writ is 
 issued.  A defendant bringing a motion pursuant to this 
 subdivision may recover possession of the premises only in 
 accordance with sections 566.03 to 566.17 or otherwise provided 
 by law.  Upon the dissolution of the order, the court shall tax 
 costs to petitioner, subject to the provisions of section 
 563.01, and may allow damages and reasonable attorney's fees for 
 the wrongful granting of the order for possession.  If the order 
 is affirmed the court shall tax costs against defendant and may 
 allow petitioner reasonable attorney's fees.  

    Subd. 3.    Finality of order.  An order issued under 
 subdivision 1, clause (b), or affirmed, modified or dissolved 
 under subdivision 2 is a final order for purposes of appeal and 
 either party aggrieved by the order may appeal within ten days 
 after the entry of the order.  If the party appealing remains in 
 possession of the premises, bond shall be conditioned to pay all 
 costs of the appeal, to abide by the order the court may make 
 and to pay all rent and other damages justly accruing to the 
 party excluded from possession during the pendency of the appeal.

    Subd. 4.    Waiver of legal rights invalid.  Any 
 provisions, whether oral or written, of any lease or other 
 agreement whereby any provision of this section is waived by a 
 tenant is contrary to public policy and void. 

    Subd. 5.    Purpose.  The purpose of this section is to 
 provide an additional and summary remedy for tenants unlawfully 
 removed or excluded from rental property and except as where 
 expressly provided in this section, sections 566.03 to 566.17 
 shall not apply to proceedings under this section. 

    Subd. 6.    Application.  This section applies to: 

    (1) tenants as defined in section 566.18, subdivision 2, 
 and including occupants and owners of residential real property 
 which is the subject of a mortgage foreclosure or contract for 
 deed cancellation and as to which the period for redemption or 
 reinstatement of the contract has expired; 

    (2) buildings as that term is defined in section 566.18, 
 subdivision 7; and 

    (3) landlords as the term "owner" is defined in section 
 566.18, subdivision 3, but also including mortgagees and 
 contract for deed vendors. 

    HIST: 1975 c 410 s 5; 1986 c 444; 1989 c 328 art 2 s 8; 1992 c 
 376 art 1 s 12; 1998 c 254 art 2 s 62 

*   NOTE:  This section is repealed by Laws 1998, chapter 253, 
*section 80, effective July 1, 1999.  Laws 1998, chapter 253, 
*section 81.