Minnesota Statutes 2003, Chapter 504B.
Copyright 2003 by the Office of Revisor of Statutes, State of Minnesota.
==504B.001
504B.001 Definitions.
Subdivision 1. Applicability. For the purposes of
this chapter, the terms defined in this section have the
meanings given them.
Subd. 2. Controlled substance. "Controlled substance"
means a drug, substance, or immediate precursor in Schedules I
through V of section 152.02. The term does not include
distilled spirits, wine, malt beverages, intoxicating liquors,
or tobacco.
Subd. 3. Distress for rent. "Distress for rent"
means the act of a landlord seizing personal property of the
tenant or other person to enforce payment of rent.
Subd. 4. Evict or eviction. "Evict" or "eviction"
means a summary court proceeding to remove a tenant or occupant
from or otherwise recover possession of real property by the
process of law set out in this chapter.
Subd. 5. Housing-related neighborhood organization.
"Housing-related 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. 6. 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
14, 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. 7. 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. 8. Lease. "Lease" means an oral or written
agreement creating a tenancy in real property.
Subd. 9. License. "License" means a personal
privilege to do a particular act or series of acts on real
property without possessing any estate or interest in real
property. It may be created in writing or orally.
Subd. 10. Person. "Person" means a natural person,
corporation, limited liability company, partnership, joint
enterprise, or unincorporated association.
Subd. 11. 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. 12. 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. 13. Tenancy at will. "Tenancy at will" means a
tenancy in which the tenant holds possession by permission of
the landlord but without a fixed ending date.
Subd. 14. Violation. "Violation" means:
(1) a violation of any state, county or city health,
safety, housing, building, fire prevention, or housing
maintenance code applicable to the building;
(2) a violation of any of the covenants set forth in
section 504B.161, subdivision 1, clause (1) or (2), or in
section 504B.171, subdivision 1; or
(3) a violation of an oral or written agreement, lease, or
contract for the rental of a dwelling in a building.
Subd. 15. Writ of recovery of premises and order to
vacate. "Writ of recovery of premises and order to vacate"
means the writ set out in section 504B.361.
HIST: 1999 c 199 art 1 s 1
==504B.101
504B.101 Distress for rent.
The remedy of distress for rent is abolished.
HIST: 1999 c 199 art 1 s 2
==504B.111
504B.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: 1999 c 199 art 1 s 3
==504B.115
504B.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 a
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 504B.171, it is a defense for the
tenant to prove that the landlord failed to comply with
subdivision 1. This defense may be overcome if the landlord
proves that the tenant had actual knowledge of the term or terms
of the lease upon which any legal action is based.
HIST: 1999 c 199 art 1 s 4
==504B.121
504B.121 Tenant may not deny title; exception.
A tenant in possession of real property under a lawful
lease may not deny the landlord's title in an action brought by
the landlord to recover possession of the property. This
prohibition does not apply to a tenant who, prior to entering
into the lease, possessed the property under a claim of title
that was adverse or hostile to that of the landlord.
HIST: 1999 c 199 art 1 s 5
==504B.125
504B.125 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: 1999 c 199 art 1 s 6
==504B.131
504B.131 Rent liability; uninhabitable buildings.
A tenant or occupant of a building that is destroyed or
becomes uninhabitable or unfit for occupancy through no fault or
neglect of the tenant or occupant may vacate and surrender such
a building. A tenant or occupant may expressly agree otherwise
except as prohibited by section 504B.161.
HIST: 1999 c 199 art 1 s 7
==504B.135
504B.135 Terminating tenancy at will.
(a) A tenancy at will may be terminated by either party by
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.
(b) If a tenant neglects or refuses to pay rent due on a
tenancy at will, the landlord may terminate the tenancy by
giving the tenant 14 days notice to quit in writing.
HIST: 1999 c 199 art 1 s 8
==504B.141
504B.141 Urban real estate; holding over.
When a tenant of urban real estate, or any interest
therein, 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: 1999 c 199 art 1 s 9
==504B.145
504B.145 Restriction on automatic renewals of leases.
Notwithstanding the provisions of any residential lease, in
order to enforce any automatic renewal clause of a lease of an
original term of two months or more which states, in effect,
that the term shall be deemed renewed for a specified additional
period of time of two months or more unless the tenant gives
notice to the landlord of an intention to quit the premises at
the expiration of the term due to expire, the landlord must give
notice to the tenant as provided in this section. The notice
must be in writing and direct the tenant's attention to the
automatic renewal provision of the lease. The notice must be
served personally or mailed by certified mail at least 15 days,
but not more than 30 days prior to the time that the tenant is
required to furnish notice of an intention to quit.
HIST: 1999 c 199 art 1 s 10
==504B.151
504B.151 Restriction on residential 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 residential lease agreement with a term of
two months or less or a fixed term residential 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: 1999 c 199 art 1 s 11
==504B.155
504B.155 Tenant must give cold weather notice before
vacation of building.
Except upon the termination of the tenancy, a tenant who,
between November 15 and April 15, removes from, abandons, or
vacates a building or any part thereof that contains plumbing,
water, steam, or other pipes liable to injury from freezing,
without first giving to the landlord three days' notice of
intention so to remove is guilty of a misdemeanor.
HIST: 1999 c 199 art 1 s 12
==504B.161
504B.161 Covenants of landlord or licensor.
Subdivision 1. Requirements. In every lease or
license of residential premises, the landlord or licensor
covenants:
(1) that the premises and all common areas are fit for the
use intended by the parties;
(2) to keep the premises in reasonable repair during the
term of the lease or license, except when the disrepair has been
caused by the willful, malicious, or irresponsible conduct of
the tenant or licensee or a person under the direction or
control of the tenant or licensee; and
(3) to maintain the premises in compliance with the
applicable health and safety laws of 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 of the local units
of government where the premises are located during the term of
the lease or license, except when violation of the health and
safety laws has been caused by the willful, malicious, or
irresponsible conduct of the tenant or licensee or a person
under the direction or control of the tenant or licensee.
The parties to a lease or license of residential premises
may not waive or modify the covenants imposed by this section.
Subd. 2. Tenant maintenance. The landlord or
licensor may agree with the tenant or licensee that the tenant
or licensee is to perform specified repairs or maintenance, but
only if the agreement is supported by adequate consideration and
set forth in a conspicuous writing. No such agreement, however,
may waive the provisions of subdivision 1 or relieve the
landlord or licensor of the duty to maintain common areas of the
premises.
Subd. 3. Liberal construction. This section shall be
liberally construed, and the opportunity to inspect the premises
before concluding a lease or license shall not defeat the
covenants established in this section.
Subd. 4. Covenants are in addition. The covenants
contained in this section are in addition to any covenants or
conditions imposed by law or ordinance or by the terms of the
lease or license.
Subd. 5. Injury to third parties. Nothing in this
section shall be construed to alter the liability of the
landlord or licensor of residential premises for injury to third
parties.
Subd. 6. Application. The provisions of this section
apply only to leases or licenses of residential premises
concluded or renewed on or after June 15, 1971. For the
purposes of this section, estates at will shall be deemed to be
renewed at the commencement of each rental period.
HIST: 1999 c 199 art 1 s 13; 2000 c 260 s 70
==504B.165
504B.165 Unlawful destruction; damages.
(a) An action may be brought for willful and malicious
destruction of leased residential rental property. The
prevailing party may recover actual damages, costs, and
reasonable attorney fees, as well as other equitable relief as
determined by the court.
(b) The remedies provided in this section are in addition
to and shall not limit other rights or remedies available to
landlords and tenants. Any provision, 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.
HIST: 1999 c 199 art 1 s 14
==504B.171
504B.171 Covenant of landlord and tenant not to allow
unlawful activities.
Subdivision 1. Terms of covenant. In every lease or
license of residential premises, whether in writing or parol,
the landlord or licensor and the tenant or licensee covenant
that:
(1) neither will:
(i) unlawfully allow controlled substances in those
premises or in the common area and curtilage of the premises;
(ii) allow prostitution or prostitution-related activity as
defined in section 617.80, subdivision 4, to occur on the
premises or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in
violation of section 609.66, subdivision 1a, 609.67, or 624.713,
on the premises or in the common area and curtilage of the
premises; or
(iv) allow stolen property or property obtained by robbery
in those premises or in the common area and curtilage of the
premises; and
(2) the common area and curtilage of the premises will not
be used by either the landlord or licensor or the tenant or
licensee or others acting under the control of either to
manufacture, sell, give away, barter, deliver, exchange,
distribute, purchase, or possess a controlled substance in
violation of any criminal provision of chapter 152. The
covenant is not violated when a person other than the landlord
or licensor or the tenant or licensee possesses or allows
controlled substances in the premises, common area, or
curtilage, unless the landlord or licensor or the tenant or
licensee knew or had reason to know of that activity.
Subd. 2. Breach voids right to possession. A breach
of the covenant created by subdivision 1 voids the tenant's or
licensee's right to possession of the residential premises. All
other provisions of the lease or license, 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. If the tenant or licensee breaches the covenant created
by subdivision 1, the landlord may bring, or assign to the
county or city attorney of the county or city in which the
residential premises are located, the right to bring an eviction
action against the tenant or licensee. The assignment must be
in writing on a form provided by the county or city attorney,
and the county or city attorney may determine whether to accept
the assignment. If the county or city 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 tenant's or licensee's personal
property, following issuance of the writ of recovery of premises
and order to vacate and delivery of the writ to the sheriff for
execution.
Subd. 3. Waiver not allowed. The parties to a lease
or license of residential premises may not waive or modify the
covenant imposed by this section.
HIST: 1999 c 199 art 1 s 15; 2003 c 52 s 1
==504B.173
504B.173 Applicant screening fee.
Subdivision 1. Limit on number of applicant screening
fees. A landlord or the landlord's agent may not charge an
applicant a screening fee when the landlord knows or should have
known that no rental unit is available at that time or will be
available within a reasonable future time.
Subd. 2. Return of applicant screening fee. If the
landlord or the landlord's agent does not perform a personal
reference check or does not obtain a consumer credit report or
tenant screening report, the landlord or the landlord's agent
shall return any amount of the screening fee that is not used
for those purposes. The screening fee may be returned by mail,
may be destroyed upon the applicant's request if paid by check,
or may be made available for the applicant to retrieve.
Subd. 3. Disclosures to applicant. A landlord or the
landlord's agent, prior to taking an application fee from a
prospective tenant, must disclose on the application form or
orally the name, address, and telephone number of the tenant
screening service the owner will use, unless the owner does not
use a tenant screening service.
Subd. 4. Remedies. In addition to any other
remedies, a landlord who violates this section is liable to the
applicant for the application fee plus a civil penalty of up to
$100, civil court filing costs, and reasonable attorney fees
incurred to enforce this remedy.
HIST: 1999 c 150 s 1; 1999 c 199 art 1 s 174
==504B.175
504B.175 Prelease deposit.
Subdivision 1. Definition. For the purpose of this
section, "prelease deposit" means payment given to a landlord
from a prospective tenant of a residential dwelling unit before
the prospective tenant and the landlord have entered into a
rental agreement. "Prelease deposit" does not include the
payment of a reasonable applicant screening fee used to conduct
a background check on the prospective tenant.
Subd. 2. Limitations. (a) A prelease deposit may be
accepted only if the landlord and prospective tenant enter into
a conspicuous written agreement that includes:
(1) the circumstances under which it will be returned; and
(2) that the landlord is required to return the prelease
deposit within seven days of the occurrence of a circumstance
described in clause (1).
(b) "Return" means postmarked within seven days except that
upon the prospective tenant's request, a landlord may destroy
the payment or hold it for retrieval by the tenant instead of
returning it by mail.
Subd. 3. Application on entry into rental agreement.
If a prospective tenant and landlord do enter into a rental
agreement, the prelease deposit must be applied to that tenant's
security deposit or rent.
Subd. 4. Remedies. In addition to any other
remedies, a landlord who violates this section is liable to the
payor of the prelease deposit for the amount of the deposit
paid, plus one-half of that amount as a penalty. A landlord who
enters into a rental agreement with a tenant is not liable under
this section unless the landlord failed to comply with
subdivision 3.
HIST: 1999 c 97 s 1; 1999 c 199 art 1 s 174
==504B.178
504B.178 Interest on security deposits; withholding
security deposits; damages; limit on withholding last month's
rent.
Subdivision 1. Applicability. Any deposit of money,
the function of which is to secure the performance of a
residential rental agreement or any part of such an agreement,
other than a deposit which is exclusively an advance payment of
rent, shall be governed by the provisions of this section.
Subd. 2. Interest. Any deposit of money shall not be
considered received in a fiduciary capacity within the meaning
of section 82.17, subdivision 7, but shall be held by the
landlord for the tenant who is party to the agreement and shall
bear simple noncompounded interest at the rate of three percent
per annum until August 1, 2003, and one percent per annum
thereafter, computed from the first day of the next month
following the full payment of the deposit to the last day of the
month in which the landlord, in good faith, complies with the
requirements of subdivision 3 or to the date upon which judgment
is entered in any civil action involving the landlord's
liability for the deposit, whichever date is earlier. Any
interest amount less than $1 shall be excluded from the
provisions of this section.
Subd. 3. Return of security deposit. (a) Every
landlord shall:
(1) within three weeks after termination of the tenancy; or
(2) within five days of the date when the tenant leaves the
building or dwelling due to the legal condemnation of the
building or dwelling in which the tenant lives for reasons not
due to willful, malicious, or irresponsible conduct of the
tenant,
and after receipt of the tenant's mailing address or delivery
instructions, return the deposit to the tenant, with interest
thereon as provided in subdivision 2, or furnish to the tenant a
written statement showing the specific reason for the
withholding of the deposit or any portion thereof.
(b) It shall be sufficient compliance with the time
requirement of this subdivision if the deposit or written
statement required by this subdivision 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
tenant, within the time required by this subdivision. The
landlord may withhold from the deposit only amounts reasonably
necessary:
(1) to remedy tenant defaults in the payment of rent or of
other funds due to the landlord pursuant to an agreement; or
(2) to restore the premises to their condition at the
commencement of the tenancy, ordinary wear and tear excepted.
(c) In any 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 shall be on the
landlord.
Subd. 4. Damages. Any landlord who fails to:
(1) provide a written statement within three weeks of
termination of the tenancy;
(2) provide a written statement within five days of the
date when the tenant leaves the building or dwelling due to the
legal condemnation of the building or dwelling in which the
tenant lives for reasons not due to willful, malicious, or
irresponsible conduct of the tenant; or
(3) transfer or return a deposit as required by subdivision
5,
after receipt of the tenant's mailing address or delivery
instructions, as required in subdivision 3, is liable to the
tenant for damages in an amount equal to the portion of the
deposit withheld by the landlord and interest thereon as
provided in subdivision 2, as a penalty, in addition to the
portion of the deposit wrongfully withheld by the landlord and
interest thereon.
Subd. 5. Return of deposit. Upon termination of the
landlord's interest in the premises, whether by sale,
assignment, death, appointment of receiver or otherwise, the
landlord or the landlord's agent shall, 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
tenant, whichever occurs first, do one of the following acts,
either of which shall relieve the landlord or agent of further
liability with respect to such deposit:
(1) transfer the deposit, or any remainder after any lawful
deductions made under subdivision 3, with interest thereon as
provided in subdivision 2, to the landlord's successor in
interest and thereafter notify the tenant of the transfer and of
the transferee's name and address; or
(2) return the deposit, or any remainder after any lawful
deductions made under subdivision 3, with interest thereon as
provided in subdivision 2, to the tenant.
Subd. 6. Successor in interest. Upon termination of
the landlord's interest in the premises, whether by sale,
assignment, death, appointment of receiver or otherwise, the
landlord's successor in interest shall have all of the rights
and obligations of the landlord with respect to the deposit,
except that if tenant does not object to the stated amount
within 20 days after written notice to tenant of the amount of
deposit being transferred or assumed, the obligation of the
landlord's successor to return the deposit shall be limited to
the amount contained in the notice. The notice shall contain a
stamped envelope addressed to landlord's successor and may be
given by mail or by personal service.
Subd. 7. Bad faith retention. The bad faith
retention by a landlord of a deposit, the interest thereon, or
any portion thereof, in violation of this section shall subject
the landlord to punitive damages not to exceed $200 for each
deposit in addition to the damages provided in subdivision 4.
If the landlord has failed to comply with the provisions of
subdivision 3 or 5, retention of a deposit shall be presumed to
be in bad faith unless the landlord returns the deposit within
two weeks after the commencement of any action for the recovery
of the deposit.
Subd. 8. Withholding rent. No tenant may withhold
payment of all or any portion of rent for the last payment
period of a residential rental agreement, except an oral or
written month to month residential rental agreement concerning
which neither the tenant nor landlord has served a notice to
quit, on the grounds that the deposit should serve as payment
for the rent. Withholding all or any portion of rent for the
last payment period of the residential rental agreement creates
a rebuttable presumption that the tenant withheld the last
payment on the grounds that the deposit should serve as payment
for the rent. Any tenant who remains in violation of this
subdivision after written demand and notice of this subdivision
shall be liable to the landlord for the following:
(1) a penalty in an amount equal to the portion of the
deposit which the landlord is entitled to withhold under
subdivision 3 other than to remedy the tenant's default in the
payment of rent; and
(2) interest on the whole deposit as provided in
subdivision 2, in addition to the amount of rent withheld by the
tenant in violation of this subdivision.
Subd. 9. 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 tenant,
in the county of the landlord's residence.
Subd. 10. Waiver. Any attempted waiver of this
section by a landlord and tenant, by contract or otherwise,
shall be void and unenforceable.
Subd. 11. Tenancies after July 1, 1973. The
provisions of this section shall apply only to tenancies
commencing or renewed on or after July 1, 1973. For the
purposes of this section, estates at will shall be deemed to be
renewed at the commencement of each rental period.
HIST: 1999 c 199 art 1 s 16; 2000 c 282 s 1; 2003 c 52 s 2
==504B.181
504B.181 Landlord or agent disclosure.
Subdivision 1. Disclosure to tenant. There shall be
disclosed to the residential tenant either in the rental
agreement or otherwise in writing prior to commencement of the
tenancy the name and address of:
(1) the person authorized to manage the premises; and
(2) the landlord of the premises or an agent authorized by
the landlord to accept service or process and receive and give
receipt for notices and demands.
Subd. 2. Posting of notice. (a) A printed or
typewritten notice containing the information which must be
disclosed under subdivision 1 shall be placed in a conspicuous
place on the premises. This subdivision is complied with if
notices posted in compliance with other statutes or ordinances
contain the information required by this section.
(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 section 504B.275 is available from the
attorney general to any residential tenant upon request.
Subd. 3. Service of process. If subdivisions 1 and 2
have not been complied with and a person desiring to make
service of process upon or give a notice or demand to the
landlord does not know the name and address of the landlord or
the landlord's agent, as that term is used in subdivision 1,
then a caretaker or manager of the premises or an individual to
whom rental payments for the premises are made shall be deemed
to be an agent authorized to accept service of process and
receive and give receipt for notices and demands on behalf of
the landlord. In case of service of process upon or receipt of
notice or demand by a person who is deemed to be an agent
pursuant to this subdivision, this person shall give the
process, notice, or demand, or a copy thereof, to the landlord
personally or shall send it by certified mail, return receipt
requested, to the landlord at the landlord's last known address.
Subd. 4. Information required for maintenance of
action. Except as otherwise provided in this subdivision, no
action to recover rent or possession of the premises shall be
maintained unless the information required by this section has
been disclosed to the tenant in the manner provided in this
section, or unless the information required by this section is
known by or has been disclosed to the tenant at least 30 days
prior to the initiation of such action. Failure by the landlord
to post a notice required by subdivision 2, paragraph (b), or
section 471.9995 shall not prevent any action to recover rent or
possession of the premises.
Subd. 5. Notice to landlord. Any residential tenant
who moves from or subleases the premises without giving the
landlord at least 30 days written notice shall void any
provision of this section as to that tenant.
Subd. 6. Successors. This section extends to and is
enforceable against any successor landlord or individual to whom
rental payments for the premises are made.
HIST: 1999 c 199 art 1 s 17; 2000 c 260 s 71; 2001 c 7 s 80
==504B.185
504B.185 Inspection; notice.
Subdivision 1. Who may request. If requested by a
residential tenant, a housing-related neighborhood organization
with the written permission of a residential tenant, or, if a
residential building is unoccupied, by a housing-related
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 residential tenant or housing-related neighborhood
organization in writing of any code violations discovered.
(b) A reasonable period of time must be allowed in which to
correct the violations.
HIST: 1999 c 199 art 1 s 18
==504B.195
504B.195 Disclosure required for outstanding inspection
and condemnation orders.
Subdivision 1. Disclosure to tenant. (a) Except as
provided in subdivision 3, a landlord, agent, or person acting
under the landlord's direction or control 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 504B.185, that
the housing 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 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 housing
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, agent, or person
acting under the landlord's control 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, agent, or person
acting under the landlord's direction or control violates this
section, the 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, agent, or person
acting under the landlord's direction or control is not in
violation of this section if:
(1) the landlord, agent, or person acting under the
landlord's direction or control 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, agent, or person acting under the
landlord's direction or control 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, agent, or person acting under the landlord's control
to prove that disclosure was made as required under subdivision
1.
Subd. 5. Remedies additional. The remedies provided
in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any
provision, 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.
HIST: 1999 c 199 art 1 s 20
==504B.204
504B.204 Action for rental of condemned residential
premises.
(a) A landlord, agent, or person acting under the
landlord's direction or control may not accept rent or a
security deposit for residential rental property from a tenant
after the leased premises have been condemned or declared unfit
for human habitation by the applicable state or local authority,
if the tenancy commenced after the premises were condemned or
declared unfit for human habitation. If a landlord, agent, or a
person acting under the landlord's direction or control violates
this section, the landlord is liable to the tenant for actual
damages and an amount equal to three times the amount of all
money collected from the tenant after date of condemnation or
declaration, plus costs and attorney fees.
(b) The remedies provided in this section are in addition
to and shall not limit other rights or remedies available to
landlords and tenants. Any provision, 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.
HIST: 1999 c 199 art 1 s 21
==504B.205
504B.205 Residential tenant's right to seek police and
emergency assistance.
Subdivision 1. Definitions. In 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 residential tenant to waive the residential
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. Residential 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 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: 1999 c 199 art 1 s 22
==504B.211
504B.211 Residential tenant's right to privacy.
Subdivision 1. Definitions. For purposes of this
section, "landlord" has the meaning defined in section 504B.001,
subdivision 7, and also includes the landlord's agent or other
person acting under the landlord's direction and control.
Subd. 2. Entry by landlord. Except as provided in
subdivision 5, 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 residential tenant
reasonable notice under the circumstances of the intent to
enter. A residential tenant may not waive and the landlord may
not require the residential tenant to waive the residential
tenant's right to prior notice of entry under this section as a
condition of entering into or maintaining the lease.
Subd. 3. Reasonable purpose. For purposes of
subdivision 2, a reasonable business purpose includes, but is
not limited to:
(1) showing the unit to prospective residential tenants
during the notice period before the lease terminates or after
the current residential tenant has given notice to move to the
landlord or the landlord'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 residential tenant is causing a disturbance within
the unit;
(6) the landlord has a reasonable belief that the
residential tenant is violating the lease within the residential
tenant's unit;
(7) prearranged housekeeping work in senior housing where
80 percent or more of the residential 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 residential tenant has vacated the unit.
Subd. 4. Exception to notice requirement.
Notwithstanding subdivision 2, a landlord may enter the premises
rented by a residential tenant to inspect or take appropriate
action without prior notice to the residential 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 residential
tenant's safety; or
(3) immediate entry is necessary in order to comply with
local ordinances regarding unlawful activity occurring within
the residential tenant's premises.
Subd. 5. Entry without residential tenant's presence.
If the landlord enters when the residential 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. 6. Penalty. If a landlord substantially
violates subdivision 2, the residential 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 504B.178, and up to a $100 civil penalty
for each violation. If a landlord violates subdivision 5, the
residential tenant is entitled to up to a $100 civil penalty for
each violation. A residential tenant shall follow the
procedures in sections 504B.381, 504B.385, and 504B.395 to
504B.471 to enforce the provisions of this section.
Subd. 7. Exemption. This section does not apply to
residential tenants and landlords of manufactured home parks as
defined in section 327C.01.
HIST: 1999 c 199 art 1 s 23
==504B.215
504B.215 Billing; loss of services.
Subdivision 1. Definitions. For the purposes of this
section, "single-metered residential building" means a multiunit
rental 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.
Subd. 2. Single-meter utility service payments. In a
residential leasehold contract entered into or renewed on or
after August 1, 1995, the landlord 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 landlord must advise the utility provider
that the utility services apply to a single-metered residential
building. A failure by the landlord to comply with this
subdivision is a violation of sections 504B.161, subdivision 1,
clause (1), and 504B.221. This subdivision may not be waived by
contract or otherwise. This subdivision does not require a
landlord to contract and pay for utility service provided to
each residential unit through a separate meter which accurately
measures that unit's use only. This subdivision does not
prohibit a landlord from apportioning utility service payments
among residential units and either including utility costs in a
unit's rent or billing for utility charges separate from rent.
Subd. 2a. Conditions of separate utility billing to
tenant in single-meter buildings. If the landlord of a
single-metered residential building bills for utility charges
separate from the rent, the following conditions apply:
(1) prospective tenants must be provided notice of the
total utility cost for the building for each month of the most
recent calendar year; and
(2) an equitable method of apportionment and the frequency
of billing by the landlord must be predetermined and put in
writing for all leases.
The lease must contain a provision that, upon a tenant's
request, a landlord must provide a copy of the actual utility
bill for the building along with each apportioned utility bill.
Upon a tenant's request, a landlord must also provide past
copies of actual utility bills for any period of the tenancy for
which the tenant received an apportioned utility bill. Past
copies of utility bills must be provided for the preceding two
years or from the time the current landlord acquired the
building, whichever is most recent.
The landlord of a single-metered residential building who
bills separately for utilities may, if the landlord and tenant
agree, provide tenants with a lease term of one year or more the
option to pay those bills under an annualized budget plan
providing for level monthly payments based on a good-faith
estimate of the annual bill.
By September 30 of each year, a landlord of a
single-metered residential building who bills for gas and
electric utility charges separate from rent shall inform tenants
in writing of the possible availability of energy assistance
from the low income home energy assistance program. The
information must contain the toll-free telephone number of the
administering agency.
Subd. 3. Procedure. (a) When a municipality, utility
company, or other company supplying home heating oil, propane,
natural gas, electricity, or water to a building has issued a
final notice or has posted the building proposing to disconnect
or discontinue the service to the building because a landlord
who has contracted for the service has failed to pay for it or
because a landlord is required by law or contract to pay for the
service and fails to do so, a tenant or group of tenants may pay
to have the service continued or reconnected as provided under
this section. Before paying for the service, the tenant or
group of tenants shall give oral or written notice to the
landlord of the tenant's 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 notification, written notice shall be mailed or
delivered to the landlord within 24 hours after oral notice is
given.
(b) In the case of natural gas, electricity, or water, if
the landlord has not yet paid the bill by the time of the
tenant's intended payment, or if the service remains
discontinued, the tenant or 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.
(c) In the case of home heating oil or propane, if the
landlord has not yet paid the bill by the time of the tenant's
intended payment, or if the service remains discontinued, the
tenant or tenants may order and pay for one month's supply of
the proper grade and quality of oil or propane.
(d) After submitting receipts for the payment to the
landlord, a tenant may deduct the amount of the tenant's payment
from the rental payment next paid to the landlord. Any amount
paid to the municipality, utility company, or other company by a
tenant under this subdivision is considered payment of rent to
the landlord for purposes of section 504B.291.
Subd. 4. Limitations; waiver prohibited; rights as
additional. The tenant rights under this section:
(1) do not extend to conditions caused by the willful,
malicious, or negligent conduct of the 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 which
may be available to the tenant in law or equity, including the
right to damages and the right to restoration of possession of
the premises under section 504B.291.
HIST: 1999 c 199 art 1 s 24; 2000 c 268 s 1,2
==504B.221
504B.221 Unlawful termination of utilities.
(a) Except as otherwise provided in this section, if a
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 tenant, the
tenant may recover from the landlord treble damages or $500,
whichever is greater, and reasonable attorney's fees. It is a
defense to any action brought under this section that the
interruption was the result of the deliberate or negligent act
or omission of a tenant or anyone acting under the direction or
control of the tenant. The tenant may recover only actual
damages under this section if:
(1) the tenant has not given the landlord, an agent, or
other person acting under the landlord's direction or control,
notice of the interruption; or
(2) the landlord, an agent, or other person acting under
the landlord's direction or control, after receiving notice of
the interruption from the tenant and within a reasonable period
of time after the interruption, taking into account the nature
of the service interrupted and the effect of the interrupted
service on the health, welfare, and safety of the tenants, has
reinstated or made a good faith effort to reinstate the service
or has taken other remedial action; or
(3) the interruption was for the purpose of repairing or
correcting faulty or defective equipment or protecting the
health and safety of the occupants of the premises involved and
the service was reinstated or a good faith effort was made to
reinstate the service or other remedial action was taken by the
landlord, an agent, or other person acting under the landlord's
direction or control within a reasonable period of time, taking
into account the nature of the defect, the nature of the service
interrupted, and the effect of the interrupted service on the
health, welfare, and safety of the tenants.
(b) The remedies provided in this section are in addition
to and shall not limit other rights or remedies available to
landlords and tenants. Any provision, 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. The provisions of this section also apply to 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.
HIST: 1999 c 199 art 1 s 25
==504B.225
504B.225 Intentional ouster and interruption of
utilities; misdemeanor.
A landlord, an agent, or person acting under the landlord's
direction or control who unlawfully and intentionally removes or
excludes a tenant from lands or tenements or intentionally
interrupts or causes the interruption of electrical, heat, gas,
or water services to the tenant with intent to unlawfully remove
or exclude the tenant from lands or tenements is guilty of a
misdemeanor. In any trial under this section, it shall be
presumed that the landlord, agent, or other person acting under
the landlord's direction or control interrupted or caused the
interruption of the service with intent to unlawfully remove or
exclude the tenant from lands or tenements, if it is established
by evidence 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
tenant. The burden is upon the landlord to rebut the
presumption.
The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to
landlords and tenants. Any provision, 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. The provisions of this section also apply to 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.
HIST: 1999 c 199 art 1 s 26
==504B.231
504B.231 Damages for ouster.
(a) If a landlord, an agent, or other person acting under
the landlord's direction or control unlawfully and in bad faith
removes, excludes, or forcibly keeps out a tenant from
residential premises, the tenant may recover from the landlord
treble damages or $500, whichever is greater, and reasonable
attorney's fees.
(b) The remedies provided in this section are in addition
to and shall not limit other rights or remedies available to
landlords and tenants. Any provision, 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. The provisions of this section also apply to 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.
HIST: 1999 c 199 art 1 s 27
==504B.235
504B.235 Definitions.
Subdivision 1. Applicability. The definitions in
this section apply to sections 504B.235 to 504B.245.
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 creditworthiness, credit standing,
credit capacity, character, general reputation, personal
characteristics, or mode of living, and 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 tenants or
assembling tenant reports for monetary fees, dues, or on a
cooperative nonprofit basis.
HIST: 1999 c 199 art 1 s 28
==504B.241
504B.241 Residential tenant reports; disclosure and
corrections.
Subdivision 1. Disclosures required. (a) Upon
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 past 30 days
to deny the rental or increase the security deposit or rent of a
residential housing unit to the individual. 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
required under this section. 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.
(c) Files maintained on a residential tenant must be
disclosed promptly as established in paragraphs (1) to (4).
(1) A residential tenant file must be disclosed in person,
during normal business hours, at the location where the
residential tenant screening service maintains its files, if the
residential tenant appears in person and furnishes proper
identification at that time.
(2) A residential tenant file must be disclosed by mail, if
the residential tenant makes a written request with proper
identification for a copy of the information contained in the
residential tenant report and requests that the information be
sent to a specified address. A disclosure made under this
paragraph shall be deposited in the United States mail, postage
prepaid, within five business days after the written request for
disclosure is received by the residential tenant screening
service. A residential tenant screening service complying with
a request for disclosure under this paragraph shall not be
liable for disclosures to third parties caused by mishandling
mail, provided that the residential tenant file information is
mailed to the address specified by the residential tenant in the
request.
(3) A summary of the information in a residential tenant
file must be disclosed by telephone, if the residential tenant
has made a written request with proper identification for
telephone disclosure.
(4) Information in a residential 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 residential tenant and available from the residential 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 past six months.
Subd. 3. Explanations. The residential tenant
screening service must permit an individual to explain any
eviction report or any 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. 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 residential tenant report
including the specific basis of the court's decision, when
available. If a tenant screening service knows that a court
file has been expunged, the tenant screening service shall
delete any reference to that file in any data maintained or
disseminated by the screening service. 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 504B.245 if the
residential tenant screening service reports complete and
accurate information as provided by the court.
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 covenants under section 504B.161 or
504B.171, other breach of a lease agreement, or a counterclaim
for possession of the premises under section 504B.385.
HIST: 1999 c 199 art 1 s 29,74; 1999 c 229 s 2
==504B.245
504B.245 Tenant report; remedies.
The remedies provided in section 8.31 apply to a violation
of section 504B.241. A residential tenant screening service or
landlord in compliance with the provisions of the Fair Credit
Reporting Act, United States Code, title 15, section 1681, et
seq., is considered to be in compliance with section 504B.241.
HIST: 1999 c 199 art 1 s 30
==504B.251
504B.251 Recording of notice of cancellation of leases.
Where a lease has been duly recorded, the county recorder
must record a copy of the notice of cancellation or termination
of the lease that has been presented for recording by the
landlord, landlord's agent, or attorney. The notice must be
accompanied by proof of service and an affidavit of the landlord
or the landlord's agent or attorney stating that the tenant has
not complied with the terms of the notice. This notice is prima
facie evidence of the facts stated in it.
HIST: 1999 c 199 art 1 s 31
==504B.255
504B.255 Termination notice requirement for federally
subsidized housing.
The landlord of federally subsidized rental housing must
give residential tenants of federally subsidized rental housing
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 shall be provided at the commencement of the
lease if the lease commences less than one year before any of
the conditions in clauses (1) to (4) apply.
HIST: 1999 c 199 art 1 s 32
==504B.261
504B.261 Pets in subsidized handicapped accessible
rental housing units.
In a multiunit residential building, a 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
renter 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 renters. The landlord may require the
renter 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 renter leaves the unit
of housing to the extent it exceeds the amount of damage
actually caused by the animal.
HIST: 1999 c 199 art 1 s 33
==504B.265
504B.265 Termination of lease upon death of tenant.
Subdivision 1. Termination of lease. Any party to a
lease of residential premises other than a lease at will may
terminate the lease prior to its expiration date in the manner
provided in subdivision 2 upon the death of the tenant or, if
there is more than one tenant, upon the death of all tenants.
Subd. 2. Notice. Either the landlord or the personal
representative of the tenant's estate may terminate the lease
upon at least two months' written notice, to be 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 of this subdivision by delivering or mailing the
notice to the premises formerly occupied by the tenant. The
termination of a lease under this section shall not relieve the
tenant's estate from liability either for the payment of rent or
other sums owed prior to or during the notice period, or for the
payment of amounts necessary to restore the premises to their
condition at the commencement of the tenancy, ordinary wear and
tear excepted.
Subd. 3. Waiver prohibited. Any attempted waiver by
a landlord and tenant or tenant's personal representative, by
contract or otherwise, of the right of termination provided by
this section, and any lease provision or agreement requiring a
longer notice period than that provided by this section, shall
be void and unenforceable; provided, however, that the landlord
and tenant or tenant's personal representative may agree to
otherwise modify the specific provisions of this section.
Subd. 4. Applicability. The provisions of this
section apply to leases entered into or renewed after May 12,
1981.
HIST: 1999 c 199 art 1 s 34
==504B.271
504B.271 Tenant's personal property remaining in
premises.
Subdivision 1. Abandoned property. 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 504B.178,
subdivision 3, paragraphs (a) and (b). Any remaining proceeds
of any 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. Landlord's punitive damages. 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 (1) the nature and value of the property; (2) the
effect the deprivation of the property has had on the tenant;
(3) 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 (4) 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 do 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. Storage. 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.
Subd. 4. Remedies additional. The remedies provided
in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any
provision, 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. The provisions
of this section also apply to 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.
HIST: 1999 c 199 art 1 s 35
==504B.275
504B.275 Attorney general's statement; distribution.
In this section, "residential tenant" does not include
residents of manufactured home parks as defined in section
327C.01, subdivision 9.
The attorney general shall prepare and make available to
the public a statement which summarizes the significant legal
rights and obligations of landlords and residential tenants of
rental dwelling units. The statement shall include descriptions
of the significant provisions of this chapter. The statement
shall notify residential tenants in public housing to consult
their leases for additional rights and obligations they may have
under federal law. The statement shall include the telephone
number and address of the attorney general for further
information.
The attorney general shall annually revise the statement
provided in this section 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 of rental dwelling units. After preparing the statement
for the first time and 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.
HIST: 1999 c 199 art 1 s 36
==504B.281
504B.281 Forcible entry and unlawful detainer prohibited.
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: 1999 c 199 art 1 s 37
==504B.285
504B.285 Eviction actions; grounds; retaliation defense;
combined allegations.
Subdivision 1. Grounds. The person entitled to the
premises may recover possession by eviction when:
(1) any person holds over real property:
(i) after a sale of the property on an execution or
judgment;
(ii) on foreclosure of a mortgage and expiration of the
time for redemption; or
(iii) after termination of contract to convey the property,
provided that if the person holding the real property after the
expiration of the time for redemption or termination is a
tenant, the person has received:
(A) at least one month's written notice to vacate no sooner
than one month after the expiration of the time for redemption
or termination, provided that the tenant pays the rent and
abides by all terms of the lease; or
(B) at least one month's written notice to vacate no later
than the date of the expiration of the time for redemption or
termination, which notice shall also state that the sender will
hold the tenant harmless for breaching the lease by vacating the
premises if the mortgage is redeemed or the contract is
reinstated;
(2) any person holds over real property after termination
of the time for which it is demised or leased to that person or
to the persons under whom that person holds possession, contrary
to the conditions or covenants of the lease or agreement under
which that person holds, or after any rent becomes due according
to the terms of such lease or agreement; or
(3) any tenant at will holds over after the termination of
the tenancy by notice to quit.
Subd. 2. Retaliation defense. It is a defense to an
action for recovery of premises following the alleged
termination of a tenancy by notice to quit for the defendant to
prove by a fair preponderance of the evidence that:
(1) the alleged termination was intended in whole or part
as a penalty for the defendant's good faith attempt to secure or
enforce rights under a lease or contract, oral or written, under
the laws of the state or any of its governmental subdivisions,
or of the United States; or
(2) the alleged termination was intended in whole or part
as a penalty for the defendant's good faith report to a
governmental authority of the plaintiff's violation of a health,
safety, housing, or building code or ordinance.
If the notice to quit was served within 90 days of the date
of an act of the tenant coming within the terms of clause (1) or
(2) the burden of proving that the notice to quit was not served
in whole or part for a retaliatory purpose shall rest with the
plaintiff.
Subd. 3. Rent increase as penalty. In any proceeding
for the recovery of premises upon the ground of nonpayment of
rent, it is a defense if the tenant establishes by a
preponderance of the evidence that the plaintiff increased the
tenant's rent or decreased the services as a penalty in whole or
part for any lawful act of the tenant as described in
subdivision 2, providing that the tenant tender to the court or
to the plaintiff the amount of rent due and payable under the
tenant's original obligation.
Subd. 4. Nonlimitation of landlord's rights. Nothing
contained in subdivisions 2 and 3 limits the right of the
landlord pursuant to the provisions of subdivision 1 to
terminate a tenancy for a violation by the tenant of a lawful,
material provision of a lease or contract, whether written or
oral, or to hold the tenant liable for damage to the premises
caused by the tenant or a person acting under the tenant's
direction or control.
Subd. 5. Combining allegations. (a) An action for
recovery of the premises may combine the allegation of
nonpayment of rent and the allegation of material violation of
the lease, which shall be heard as alternative grounds.
(b) In cases where rent is outstanding, a tenant is not
required to pay into court the amount of rent in arrears,
interest, and costs as required under section 504B.291 to defend
against an allegation by the landlord that the tenant 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 tenant shall be permitted to present defenses
to the court that the rent is not owing. The tenant 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
tenant to pay rent and any costs determined to be due directly
to the landlord or to be deposited with the court.
HIST: 1999 c 199 art 1 s 38
==504B.291
504B.291 Eviction action for nonpayment; redemption;
other rights.
Subdivision 1. Action to recover. (a) A landlord may
bring an eviction action for nonpayment of rent irrespective of
whether the lease contains a right of reentry clause. Such an
eviction action is equivalent to a demand for the rent. In such
an action, unless the landlord has also sought to evict the
tenant by alleging a material violation of the lease under
section 504B.285, subdivision 5, the tenant may, at any time
before possession has been delivered, redeem the tenancy and be
restored to possession by paying to the landlord or bringing to
court the amount of the rent that is in arrears, with interest,
costs of the action, and an attorney's fee not to exceed $5, and
by performing any other covenants of the lease.
(b) If the tenant 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's fees required by
paragraph (a), the court may permit the tenant 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 504B.345.
(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 504B.345 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 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 tenant 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 tenant 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 tenant 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 tenant's abandonment or surrender of the property or
the landlord prevails in the action, the tenant 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.
Subd. 3. Recording of eviction or ejectment actions.
Upon recovery of possession by the landlord in the action, a
certified copy of the judgment shall, upon presentation, 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 the 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 the fact shall be recorded in
a like manner and the recorded certified copy of the judgment or
the recorded affidavit shall be prima facie evidence of the
facts stated therein in reference to the recovery of possession
by the landlord.
HIST: 1999 c 199 art 1 s 39
==504B.301
504B.301 Eviction action for unlawful detention.
A person may be evicted if the person has unlawfully or
forcibly occupied or taken possession of real property or
unlawfully detains or retains possession of real property.
A seizure under section 609.5317, subdivision 1, for which
there is not a defense under section 609.5317, subdivision 3,
constitutes unlawful detention by the tenant.
HIST: 1999 c 199 art 1 s 40
==504B.305
504B.305 Notice of seizure provision.
Landlords shall give written notice to tenants of the
provision relating to seizures in section 504B.301. Failure to
give such notice does not subject the landlord to criminal or
civil liability and is not a defense under section 609.5317,
subdivision 3.
HIST: 1999 c 199 art 1 s 41
==504B.311
504B.311 No eviction action if tenant holds over for
three years.
No person may bring an eviction action against an occupant
of any premises where that occupant's lease, or the lease of
that occupant's ancestors or predecessor in interest, was
terminated more than three years before the beginning of the
action and where the occupant of the premises or that person's
ancestors or predecessor in interest were in quiet possession
for three consecutive years immediately before the filing of the
eviction.
HIST: 1999 c 199 art 1 s 42
==504B.315
504B.315 Restrictions on eviction due to familial status.
(a) As used in this section, "familial status" has the
meaning given it in section 363A.03, subdivision 18.
(b) No residential tenant of residential premises may be
evicted, denied a continuing tenancy, or denied a renewal of a
lease on the basis of familial status commenced during the
tenancy unless one year has elapsed from the commencement of the
familial status and the landlord has given the tenant six months
prior notice in writing, except in case of nonpayment of rent,
damage to the premises, disturbance of other tenants, or other
breach of the lease. Any provision, 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.
HIST: 1999 c 199 art 1 s 43
==504B.321
504B.321 Complaint and summons.
Subdivision 1. Procedure. (a) To bring an eviction
action, the person complaining shall 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 premises of which possession is claimed, stating
the facts which authorize the recovery of possession, and asking
for recovery thereof.
(b) The lack of the full name and date of birth of the
person against whom the complaint is made does not deprive the
court of jurisdiction or make the complaint invalid.
(c) The court shall issue a summons, commanding the person
against whom the complaint is made to appear before the court on
a day and at a place stated in the summons.
(d) The appearance shall be not less than seven nor more
than 14 days from the day of issuing the summons, except as
provided by paragraph (b).
(e) A copy of the complaint shall be attached to the
summons, which shall state that the copy is attached and that
the original has been filed.
Subd. 2. Expedited procedure. (a) In an eviction
action brought under section 504B.171 or on the basis that the
tenant 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.
(b) 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.
(c) 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 tenant within 24 hours of issuance unless the
court orders otherwise for good cause shown.
(d) If the court determines that the person seeking an
expedited hearing did so without sufficient basis under the
requirements of this subdivision, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.
HIST: 1999 c 199 art 1 s 44
==504B.325
504B.325 Expedited relief.
A landlord or the landlord's agent 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 504B.321.
HIST: 1999 c 199 art 1 s 45
==504B.331
504B.331 Summons; how served.
(a) The summons must be served at least seven days before
the date of the court appearance specified in section 504B.321,
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 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 occupying the premises.
(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) the property described in the complaint is:
(i) nonresidential and no person actually occupies the
property; or
(ii) 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 p.m. and 10:00 p.m.;
and
(2) the plaintiff or the plaintiff's attorney has signed
and filed with the court an affidavit stating that:
(i) the defendant cannot be found, or that the plaintiff or
the plaintiff'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: 1999 c 199 art 1 s 46
==504B.335
504B.335 Answer; trial.
(a) At the court appearance specified in the summons, the
defendant may answer the complaint, and the court shall hear and
decide the action, unless it grants a continuance of the trial
as provided in section 504B.341.
(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 504B.281 to
504B.371.
(d) The court, in scheduling appearances and hearings under
this section, shall give priority to any eviction brought under
section 504B.171, or on the basis that the defendant is a tenant
and is causing a nuisance or seriously endangers the safety of
other residents, their property, or the landlord's property.
HIST: 1999 c 199 art 1 s 47
==504B.341
504B.341 Continuance of trial.
(a) In an eviction action, the court, in its discretion,
may grant a continuance of the trial for no more than six days
unless all parties consent to longer continuance.
(b) However, in all actions brought under section 504B.285,
other than actions on a written lease signed by both parties,
the court shall continue the trial as necessary but for no more
than three months if the defendant or the defendant's agent or
attorney:
(1) states under oath that the defendant cannot proceed to
trial because a material witness is not present;
(2) names the witness;
(3) states under oath that the defendant has made due
exertion to obtain the witness;
(4) states the belief that if the continuance is allowed
the defendant will be able to procure the attendance of the
witness at the trial or to obtain the witness's deposition; and
(5) gives a bond that the plaintiff 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: 1999 c 199 art 1 s 48
==504B.345
504B.345 Judgment; execution.
Subdivision 1. General. (a) If the court or jury
finds for the plaintiff, the court shall immediately enter
judgment that the plaintiff shall have recovery of the premises,
and shall tax the costs against the defendant. The court shall
issue execution in favor of the plaintiff for the costs and also
immediately issue a writ of recovery of premises and order to
vacate.
(b) The court shall give priority in issuing a writ of
recovery of premises and order to vacate for an eviction action
brought under section 504B.171 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.
(c) If the court or jury finds for the defendant, the court
shall enter judgment for the defendant, tax the costs against
the plaintiff, and issue execution in favor of the defendant.
(d) Except in actions brought: (1) under section 504B.291
as required by section 609.5317, subdivision 1; (2) under
section 504B.171; 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, upon a showing by
the defendant that immediate restitution of the premises would
work a substantial hardship upon the defendant or the
defendant's family, the court shall stay the writ of recovery of
premises and order to vacate for a reasonable period, not to
exceed seven days.
Subd. 2. Expedited writ. If the court enters
judgment for the plaintiff in an action brought under section
504B.291 as required by section 609.5317, subdivision 1, the
court may not stay issuance of the writ of recovery of premises
and order to vacate unless the court makes written findings
specifying the extraordinary and exigent circumstances that
warrant staying the writ for a reasonable period, not to exceed
seven days.
HIST: 1999 c 199 art 1 s 49
==504B.351
504B.351 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,
immediately or as agreed to by the parties or fixed by the court.
HIST: 1999 c 199 art 1 s 50
==504B.355
504B.355 Form of verdict.
The verdict of the jury or the finding of the court in
favor of the plaintiff in an eviction action shall be
substantially in the following form:
At a court held at ....., on the ..... day of ....., year
....., before ....., a judge in and for the county of ..... in
an action between ....., plaintiff, and ....., defendant, the
jury (or, if the action be tried without a jury, the court) find
that the facts alleged in the complaint are true, and the
plaintiff shall recover possession of the premises and the
defendant(s) shall vacate the premises immediately.
.....................
If the verdict or finding is for the defendant, it shall be
sufficient to find that the facts alleged in the complaint are
not true.
HIST: 1999 c 199 art 1 s 51
==504B.361
504B.361 Forms of summons and writ.
Subdivision 1. Summons and writ. (a) The summons and
writ of recovery of premises and order to vacate may be
substantially in the forms in paragraphs (b) and (c).
(b)
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 ....., a
copy of which is attached: You are hereby summoned to appear
before the undersigned on the ..... day of ....., year....., 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 ....., year .....
.............................,
Judge of ....... court.
(c)
FORM OF WRIT OF RECOVERY OF PREMISES AND 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 eviction
action, at a court held at ....., in the county of ...........,
on the ..... day of ....., year ....., before ....., a judge of
the county, recovered a judgment against ....., the ....., to
have recovery of the following premises (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 ....... to be
immediately removed from the premises, and the plaintiff to
recover the premises. You are also commanded that from the
personal property of ............. 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
writ. You are ordered to return this writ within 30 days.
Dated at ....., this ..... day of ....., year ....
.............................,
Judge of ........ court.
Subd. 2. Priority writ. The court shall identify a
writ of recovery of premises and order to vacate property that
is issued pursuant to an eviction action under section 504B.171,
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 504B.365.
HIST: 1999 c 199 art 1 s 52
==504B.365
504B.365 Execution of the writ of recovery of premises
and order to vacate.
Subdivision 1. General. (a) The officer who holds
the order to vacate shall execute it by demanding that the
defendant, if found in the county, any adult member of the
defendant's family who is occupying the premises, or any other
person in charge, relinquish possession and leave, taking family
and all personal property from the premises within 24 hours.
(b) If the defendant 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 plaintiff. The
officer shall remove the defendant, family, and all personal
property from the premises and place the plaintiff in possession.
(c) If the defendant cannot be found in the county, and
there is no person in charge of the premises, then the officer
shall enter the premises, breaking in if necessary, and remove
and store the personal property of the defendant at a place
designated by the plaintiff 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 504B.171, or on the basis that the
defendant is causing a nuisance or seriously endangers the
safety of other residents, their property, or the plaintiff's
property.
Subd. 3. Removal and storage of property. (a) If the
defendant's personal property is to be stored in a place other
than the premises, the officer shall remove all personal
property of the defendant at the expense of the plaintiff.
(b) The defendant must make immediate payment for all
expenses of removing personal property from the premises. If
the defendant fails or refuses to do so, the plaintiff 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 plaintiff 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
plaintiff may hold a public sale as provided in sections 514.18
to 514.22.
(d) If the defendant's personal 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. Section 504B.271 applies to personal
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. 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 their condition;
(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 officer.
(e) The officer must retain a copy of the inventory.
(f) 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 it caused by the
plaintiff's failure to exercise the same care that a reasonably
careful person would exercise under similar circumstances.
(g) The plaintiff shall notify the defendant of the date
and approximate time the officer is scheduled to remove the
defendant, family, and 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 order is known to the plaintiff,
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 defendant that the defendant and the
defendant's personal property will be removed from the premises
if the defendant has not vacated the premises 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 plaintiff refuses to return the property after proper demand
is made as provided in section 504B.271, 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. 5. Penalty; waiver not allowed. Unless the
premises has been abandoned, a plaintiff, an agent, or other
person acting under the plaintiff's direction or control who
enters the premises and removes the defendant's personal
property in violation of this section is guilty of an unlawful
ouster under section 504B.231 and is subject to penalty under
section 504B.225. This section may not be waived or modified by
lease or other agreement.
HIST: 1999 c 199 art 1 s 53; 2001 c 7 s 81
==504B.371
504B.371 Appeals.
Subdivision 1. Statement of intention to appeal. If
the court renders judgment against the defendant and the
defendant or defendant's attorney informs the court the
defendant intends to appeal, the court shall issue an order
staying the writ for recovery of premises and order to vacate
for at least 24 hours after judgment, except as provided in
subdivision 7.
Subd. 2. Time for appeal. A party who feels
aggrieved by the judgment may appeal within ten days as provided
for civil actions in district court.
Subd. 3. Appeal bond. If the party appealing remains
in possession of the property, that party must give a bond that
provides that:
(1) all costs of the appeal will be paid;
(2) the party will comply with the court's order; and
(3) all rent and other damages due to the party excluded
from possession during the pendency of the appeal will be paid.
Subd. 4. Stay pending appeal. After the appeal is
taken, all further proceedings in the case are stayed, except as
provided in subdivision 7.
Subd. 5. Stay of writ issued before appeal. (a)
Except as provided in subdivision 7, if the court issues a writ
for recovery of premises and order to vacate before an appeal is
taken, the appealing party may request that the court stay
further proceedings and execution of the writ for possession of
premises and order to vacate, and the court shall grant a stay.
(b) If the party appealing remains in possession of the
premises, that party must give a bond under subdivision 3.
(c) When the officer who has the writ for possession of
premises and order to vacate is served with the order granting
the stay, the officer shall cease all further proceedings. If
the writ for possession of premises and order to vacate has not
been completely executed, the defendant shall remain in
possession of the premises until the appeal is decided.
Subd. 6. Dismissal of appeals; amendments; return.
In all cases of appeal, the appellate court shall not dismiss or
quash the proceedings for want of form only, provided they have
been conducted substantially in accordance with the provisions
of this chapter. Amendments may be allowed at any time, upon
such terms as to the court may appear just, in the same cases
and manner and to the same extent as in civil actions. The
court may compel the trial court, by attachment, to make or
amend any return which is withheld or improperly or
insufficiently made.
Subd. 7. Exception. Subdivisions 1, 4, and 6 do not
apply in an action on a lease, against a tenant holding over
after the expiration of the term of the lease, or a termination
of the lease by a notice to quit, if the plaintiff gives a bond
conditioned to pay all costs and damages if on the appeal the
judgment of restitution is reversed and a new trial ordered. In
such a case, the court shall issue a writ for recovery of
premises and order to vacate notwithstanding the notice of
appeal, as if no appeal had been taken, and the appellate court
shall issue all needful writs and processes to carry out any
judgment which may be rendered in the court.
HIST: 1999 c 199 art 1 s 54
==504B.375
504B.375 Unlawful exclusion or removal; action for
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 premises 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 premises are located that:
(1) describes the premises and the landlord;
(2) specifically states the facts and grounds that
demonstrate that the exclusion or removal was unlawful,
including a statement that no writ of recovery of the premises
and order to vacate has been issued under section 504B.345 in
favor of the landlord and against the residential tenant and
executed in accordance with section 504B.365; 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 exclusion or removal was unlawful, the court
shall immediately order that the residential tenant have
possession of the premises.
(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 premises are 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 premises. 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 premises. If the
landlord, the landlord's agent, or other person in control of
the premises 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 premises. 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
premises only by an eviction action 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's 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
premises, 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 excluded or removed from rental property and, except
where expressly provided in this section, sections 504B.285 to
504B.371 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: 1999 c 199 art 1 s 55
==504B.381
504B.381 Emergency tenant remedies action.
Subdivision 1. Petition. A person authorized to
bring an action under section 504B.395, 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 premises 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 set forth 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 504B.425. The petitioner
shall serve the order on the landlord personally or by mail as
soon as practicable.
Subd. 6. Limitation. 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 504B.395,
subdivisions 3 and 4, do not apply to a petition for emergency
relief under this section.
HIST: 1999 c 199 art 1 s 56
==504B.385
504B.385 Rent escrow action 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 504B.001,
subdivision 14, 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 504B.185, 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 504B.001,
subdivision 14, 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 not less than seven nor more than 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 504B.321.
(d) The landlord must serve the counterclaim as provided in
section 504B.331, except that the affidavit 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
504B.415 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 504B.181, 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 premises
will not be in issue at the hearing unless the landlord files a
counterclaim for possession or an eviction action.
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 an eviction action.
Actions under this section and eviction actions which involve
the same parties must be consolidated and heard on the date
scheduled for the eviction action.
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 504B.425, 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 504B.391.
(b) When a proceeding under this section has been
consolidated with a counterclaim for possession or an eviction
action, and the landlord prevails, the residential tenant may
redeem the tenancy as provided in section 504B.291.
(c) When a proceeding under this section has been
consolidated with a counterclaim for possession or an eviction
action 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
504B.441 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: 1999 c 199 art 1 s 57
==504B.391
504B.391 Violations of building repair orders.
Subdivision 1. Noncompliance; fines. If the court
finds that 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: 1999 c 199 art 1 s 58
==504B.395
504B.395 Procedure.
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 504B.001, subdivision 14, is
alleged to exist;
(2) any housing-related neighborhood organization with the
written permission of a residential tenant of a residential
building in which a violation, as defined in section 504B.001,
subdivision 14, clause (1) or (2), is alleged to exist;
(3) a housing-related neighborhood organization that has
within its geographical area an unoccupied residential building
in which a violation, as defined in section 504B.001,
subdivision 14, 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. When action may be brought. (a) After a
residential building inspection has been made under section
504B.185, an action may not be brought under sections 504B.381,
504B.385, or 504B.395 to 504B.451 until the time granted under
section 504B.185, subdivision 2, has expired and satisfactory
repairs to remove the code violations 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 granted under
section 504B.185, subdivision 2, 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 504B.001, subdivision 14,
clause (2) or (3), is alleged to exist; or
(2) a housing-related neighborhood organization, with the
written permission of a residential tenant of a residential
building in which a violation, as defined in section 504B.001,
subdivision 14, 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.
Subd. 5. Summons and complaint required. The action
must be started by service of a complaint and summons. The
summons may be issued only by a judge or court administrator.
Subd. 6. 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
504B.001, subdivision 14, 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: 1999 c 199 art 1 s 59
==504B.401
504B.401 Summons.
Subdivision 1. Contents. (a) On receipt of the
complaint in section 504B.395, 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
504B.381 and 504B.395 to 504B.471.
(b) The hearing must be scheduled not less than seven nor
more than 14 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 not less than
seven nor more than 14 days before the hearing. Service shall
be by personal service upon the defendant pursuant to the
Minnesota Rules of Civil Procedure. If personal 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: 1999 c 199 art 1 s 60; 2003 c 114 s 1
==504B.411
504B.411 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: 1999 c 199 art 1 s 61
==504B.415
504B.415 Defenses.
It is a sufficient defense to a complaint under section
504B.385 or 504B.395 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: 1999 c 199 art 1 s 62
==504B.421
504B.421 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: 1999 c 199 art 1 s 63
==504B.425
504B.425 Judgment.
(a) If the court finds that the complaint in section
504B.395 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) The court 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) The court 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) The court may appoint an administrator with powers
described in section 504B.445, and:
(1) direct that rents due:
(i) on and from the day of entry of judgment, in the case
of petitioning residential tenants or housing-related
neighborhood organizations; and
(ii) on and from the day of service of the judgment on all
other residential and commercial tenants of the residential
building, if any,
shall be deposited with the administrator appointed by the
court; and
(2) direct that 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) The court 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) After termination of administration, the court may
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) The court may grant any other relief it deems 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: 1999 c 199 art 1 s 64
==504B.431
504B.431 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: 1999 c 199 art 1 s 65
==504B.435
504B.435 Landlord's right to collect rent suspended.
If an administrator has been appointed pursuant to section
504B.425, paragraph (d), any right of the landlord to collect
rent from the petitioner is void and unenforceable from the time
the court signs the order for judgment until the administration
is terminated. Any right of the landlord to collect rent from
other tenants is void and unenforceable from the time of service
of judgment as set forth in section 504B.431 until the
administration is terminated.
HIST: 1999 c 199 art 1 s 66
==504B.441
504B.441 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 housing-related 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: 1999 c 199 art 1 s 67
==504B.445
504B.445 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 shall not be
required to post 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 504B.381 and 504B.395 to 504B.471;
(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 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 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. If the court finds that the
petition is proved, the court shall terminate the administration
and proceed to judgment under section 504B.425, 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 factors relating to the
long-term economic viability of the dwelling, including:
(1) the causes leading to the appointment of an
administrator;
(2) the repairs necessary to bring the property into code
compliance;
(3) the market value of the property; and
(4) whether present and future rents will be sufficient to
cover the cost of repairs or rehabilitation.
HIST: 1999 c 199 art 1 s 68
==504B.451
504B.451 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 504B.445 for
properties for occupancy by low- and moderate-income persons or
families. Landlords must repay administrative expense payments
made from the fund.
HIST: 1999 c 199 art 1 s 69
==504B.455
504B.455 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 upon 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 504B.445, giving all
parties an opportunity to be heard.
HIST: 1999 c 199 art 1 s 70
==504B.461
504B.461 Termination of administration.
Subdivision 1. Events of termination. The
administration shall be terminated upon 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 according to section 504B.445, subdivision 5.
Subd. 2. Accounting by administrator. After the
occurrence of any 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
administration, 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. Upon 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
section 504B.381 and sections 504B.395 to 504B.471.
HIST: 1999 c 199 art 1 s 71
==504B.465
504B.465 Waiver not allowed.
Any provision of a lease or other agreement in which a
provision of section 504B.381 or sections 504B.395 to 504B.471
is waived by a residential tenant is contrary to public policy
and void.
HIST: 1999 c 199 art 1 s 72
==504B.471
504B.471 Purpose to provide additional remedies.
The purpose of section 504B.381 and sections 504B.395 to
504B.471 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: 1999 c 199 art 1 s 73