1999 Minnesota Statutes

     504.24 Property abandonment. 

    Subdivision 1.  If a tenant abandons rented premises the 
 landlord may take possession of the tenant's personal property 
 remaining on the premises, and shall store and care for the 
 property.  The landlord has a claim against the tenant for 
 reasonable costs and expenses incurred in removing the tenant's 
 property and in storing and caring for the property.  The 
 landlord may sell or otherwise dispose of the property 60 days 
 after the landlord receives actual notice of the abandonment or 
 60 days after it reasonably appears to the landlord that the 
 tenant has abandoned the premises whichever occurs last and 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 504.20, subdivision 3, clauses 
 (a) and (b).  Any remaining proceeds of the sale shall be paid 
 to the tenant upon written demand.  Prior to the sale the 
 landlord shall make reasonable efforts to notify the tenant of 
 the sale at least 14 days prior to the sale, by personal service 
 in writing or sending written notification of the sale by 
 certified mail, return receipt requested, to the tenant's last 
 known address or usual place of abode, if known by the landlord, 
 and by posting notice of the sale in a conspicuous place on the 
 premises for at least two weeks.  

    Subd. 2.  If a landlord, an agent or other person acting 
 under the landlord's direction or control, in possession of a 
 tenant's personal property, fails to allow the tenant to retake 
 possession of the property within 24 hours after written demand 
 by the tenant or the tenant's duly authorized representative or 
 within 48 hours, exclusive of weekends and holidays, after 
 written demand by the tenant or a duly authorized representative 
 when the landlord, the landlord's agent or 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 premises, the tenant shall recover from the 
 landlord punitive damages not to exceed $300 in addition to 
 actual damages and reasonable attorney's fees.  In determining 
 the amount of punitive damages the court shall consider (a) the 
 nature and value of the property; (b) the effect the deprivation 
 of the property has had on the tenant; (c) if the landlord, an 
 agent or other person acting under the landlord's direction or 
 control unlawfully took possession of the tenant's property; and 
 (d) if the landlord, an agent or other person under the 
 landlord's direction or control acted in bad faith in failing to 
 allow the tenant to retake possession of the property.  The 
 provisions of this subdivision shall not apply to personal 
 property which has been sold or otherwise disposed of by the 
 landlord in accordance with subdivision 1, or to landlords who 
 are housing authorities, created or authorized to be created by 
 sections 469.001 to 469.047, and their agents and employees, in 
 possession of a tenant's personal property, except that housing 
 authorities must allow the tenant to retake possession of the 
 property in accordance with this subdivision. 

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

    HIST: 1975 c 410 s 1; 1982 c 424 s 110; 1986 c 444; 1987 c 291 
 s 241 

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