1998 Minnesota Statutes

     566.17 Execution of the writ of restitution. 

    Subdivision 1.    General.  The officer holding the writ 
 of restitution shall execute the same by making a demand upon 
 defendant if found in the county or any adult member of the 
 defendant's family holding possession of the premises, or other 
 person in charge thereof, for the possession of the same, and 
 that the defendant leave, taking family and all personal 
 property from such premises within 24 hours after such demand.  
 If defendant fails to comply with the demand, then the officer 
 shall bring, if necessary, the force of the county and whatever 
 assistance may be necessary, at the cost of the complainant, 
 remove the said defendant, family and all personal property from 
 said premises detained, immediately and place the plaintiff in 
 the possession thereof.  In case defendant cannot be found in 
 the county, and there is no person in charge of the premises 
 detained, so that no demand can be made upon the defendant, then 
 the officer shall enter into the possession of the premises, 
 breaking in if necessary, and the property of the defendant 
 shall be removed and stored at a place designated by the 
 plaintiff as provided under subdivision 2.  The writ may also be 
 executed by a licensed police officer or community crime 
 prevention licensed police officer. 

    Subd. 1a.    Priority; execution of drug related writ.  
 An officer shall give priority to the execution, under this 
 section, of any writ of restitution that is based on an unlawful 
 detainer action under section 504.181, 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.    Removal and storage of property.  (a) In 
 cases where the defendant's personal property is to be stored in 
 a place other than the premises, the officer shall remove all 
 property of the defendant at the expense of the plaintiff.  

    The plaintiff shall have a lien upon all of the goods upon 
 the premises for the reasonable costs and expenses incurred for 
 removing the personal property and for the proper caring and 
 storing the same, and the costs of transportation of the same to 
 some suitable place of storage, in case defendant shall fail or 
 refuse to make immediate payment for all the expenses of such 
 removal from the premises and plaintiff shall have the right to 
 enforce such lien by detaining the same until paid, and, in case 
 of nonpayment for 60 days after the execution of the writ, shall 
 have the right to enforce the lien and foreclose the same by 
 public sale as provided for in case of sales under sections 
 514.18 to 514.22. 

    (b) In cases where the defendant's property is to be stored 
 on the premises, the officer shall enter the premises, breaking 
 in if necessary, and the plaintiff may remove the defendant's 
 personal property.  The provisions of section 504.24 apply to 
 property removed under this paragraph.  The plaintiff must 
 prepare an inventory and mail a copy of the inventory to the 
 defendant's last known address or, if the defendant has provided 
 a different address, to the address provided by the defendant.  
 The inventory must be prepared, signed, and dated in the 
 presence of the peace officer.  The inventory must include the 
 following: 

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

    (2) the date, the signature of the plaintiff or the 
 plaintiff'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 peace officer. 

    The peace officer shall retain a copy of the inventory.  
 The plaintiff is responsible for the proper removal, storage, 
 and care of the defendant's personal property and is liable for 
 damages for loss of or injury to the defendant's personal 
 property caused by the plaintiff's failure to exercise care in 
 regard to it as a reasonably careful person would exercise under 
 like circumstances. 

    The plaintiff shall notify the defendant of the date and 
 approximate time the officer is scheduled to remove the 
 defendant, family, and the defendant's personal property from 
 the premises.  The notice must be sent by first-class mail.  In 
 addition, the plaintiff must make a good faith effort to notify 
 the defendant 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 writ is known to the 
 plaintiff, except that the scheduling of the peace officer to 
 enforce the writ need not be delayed because of the notice 
 requirement.  The notice must inform the defendant that the 
 defendant and the defendant's property will be removed from the 
 premises if the defendant has not vacated the premises by the 
 time specified in the notice. 

    Subd. 2a.  In the second and fourth judicial districts, the 
 housing calendar consolidation project shall retain jurisdiction 
 in matters relating to removal of property under this section.  
 If the plaintiff refuses to return the property after proper 
 demand is made as provided in section 504.24, the court shall 
 enter an order requiring the plaintiff to return the property to 
 the defendant and awarding reasonable expenses including 
 attorney fees to the defendant. 

    Subd. 3.    Penalty; waiver prohibited.  Unless the 
 premises have been abandoned, a plaintiff, agent, or other 
 person acting under the plaintiff's direction or control who 
 enters the premises and removes the defendant's property in 
 violation of this section is guilty of wrongful ouster under 
 section 504.255 and is subject to penalty under section 504.25.  
 The provisions of this section may not be waived or modified by 
 any oral or written lease or other agreement. 

    HIST: (9163) RL s 4051 1/2; 1909 c 496 s 5; 1986 c 444; 1989 c 
 328 art 2 s 7; 1992 c 376 art 1 s 11; 1994 c 502 s 8,9 

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