1997 Minnesota Statutes

     504.02 Cancellation of leases in certain cases; 
  abandonment or surrender of possession. 

    Subdivision 1.    Action to recover.  (a) In case of a 
 lease of real property, when the landlord has a subsisting right 
 of reentry for the failure of the tenant to pay rent the 
 landlord may bring an action to recover possession of the 
 property and such action is equivalent to a demand for the rent 
 and a reentry upon the property; but if, at any time before 
 possession has been delivered to the plaintiff on recovery in 
 the action, the lessee or a successor in interest as to the 
 whole or any part of the property pays to the plaintiff or 
 brings into court the amount of the rent then in arrears, with 
 interest and costs of the action, and an attorney fee not 
 exceeding $5, and performs the other covenants on the part of 
 the lessee, the lessee or successor may be restored to the 
 possession and hold the property according to the terms of the 
 original lease unless an action is pending under section 566.03, 
 subdivision 5, for recovery of the property alleging a material 
 violation of the lease.  

    (b) If the tenant has paid to the plaintiff 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 
 this subdivision, the court may permit the defendant to pay 
 these amounts into court and be restored to possession within 
 the same period of time, if any, which the court stays the 
 issuance of the writ of restitution pursuant to section 566.09. 

    (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 566.09 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 as due in the complaint from prior 
 rental periods before applying any payment toward rent claimed 
 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 the right of reentry is claimed is a lease for 
 a term of more than 20 years, reentry cannot be made into the 
 land or such action commenced by the landlord unless, after 
 default, the landlord shall serve upon the tenant, also upon all 
 creditors having a lien of record legal or equitable upon the 
 leased premises or any part thereof, a written notice that the 
 lease will be canceled and terminated unless the payment or 
 payments in default shall be made and the covenants in default 
 shall be performed within 30 days after the service of such 
 notice, or within such greater period as the lessor shall 
 specify in the notice, and if such default shall not be removed 
 within the period specified within the notice, then the right of 
 reentry shall be complete at the expiration of the period and 
 may be exercised as provided by law. If any such lease shall 
 provide that the landlord, after default, shall give more than 
 30 days' notice in writing to the tenant of the landlord's 
 intention to terminate the tenancy by reason of default in terms 
 thereof, then the length of the notice to terminate shall be the 
 same as provided for and required by the lease.  

    (b) As to such leases for a term of more than 20 years, if 
 at any time before the expiration of six months after possession 
 obtained by the plaintiff by abandonment or surrender of 
 possession by the tenant or on recovery in the action, the 
 lessee or a successor in interest as to the whole or part of the 
 property, or any creditor having a lien legal or equitable upon 
 the leased premises or any part thereof, pays to the plaintiff, 
 or brings into court, the amount of rent then in arrears, with 
 interest and the costs of the action, and performs the other 
 covenants on the part of the lessee, the lessee or successor may 
 be restored to the possession and hold the property according to 
 the terms of the original lease.  The provisions of this section 
 shall not apply to any action or proceeding now pending in any 
 of the courts of this state.  

    Subd. 3.    Judgment to be recorded.  Upon recovery of 
 possession by the landlord in the action a certified copy of the 
 judgment shall be recorded in the office of the county recorder 
 of the county where the land is situated if unregistered land or 
 in the office of the registrar of titles of such county if 
 registered land and upon recovery of possession by the landlord 
 by abandonment or surrender by the tenant an affidavit by the 
 landlord or the landlord's attorney setting forth such fact 
 shall be recorded in a like manner and such recorded certified 
 copy of such judgment or such recorded affidavit shall be prima 
 facie evidence of the facts stated therein in reference to the 
 recovery of possession by such landlord. 

    HIST: (8187) RL s 3328; 1917 c 428 s 1; 1923 c 76 s 1; 1937 c 
 38 s 1; 1976 c 181 s 2; 1986 c 444; 1992 c 376 art 1 s 2; 1992 c 
 464 art 1 s 46; 1993 c 165 s 1