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1999 Minnesota Session Laws

Key: (1) language to be deleted (2) new language

                            CHAPTER 199-H.F.No. 2425 
                  An act relating to landlord and tenant; recodifying 
                  the landlord and tenant law; amending Minnesota 
                  Statutes 1998, sections 72A.20, subdivision 23; 82.24, 
                  subdivision 7; 144.9504, subdivision 7; 144A.13, 
                  subdivision 2; 144D.06; 216C.30, subdivision 5; 
                  299C.67, subdivisions 5 and 7; 299C.69; 327C.02, 
                  subdivision 2a; 327C.03, subdivision 4; 327C.10, 
                  subdivision 1; 327C.11, subdivision 1; 363.033; 
                  462A.05, subdivision 15; 462C.05, subdivision 8; 
                  469.156; 471A.03, subdivision 6; 481.02, subdivision 
                  3; 484.013, subdivision 2; 487.17; 487.24; 488A.01, 
                  subdivisions 4a and 5; 488A.11; 488A.18, subdivisions 
                  4 and 6; 491A.01, subdivision 9; 514.977; 515B.3-116; 
                  515B.4-111; 576.01, subdivision 2; 609.33, subdivision 
                  6; and 609.5317, subdivision 1; proposing coding for 
                  new law as Minnesota Statutes, chapter 504B; repealing 
                  Laws 1998, chapter 253, sections 1 to 79.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                              LANDLORD AND TENANT
           Section 1.  [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 13, subdivision 1, clauses (1) or (2), or in section 15, 
        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 52. 
                                LEASING AND RENT
           Sec. 2.  [504B.101] [DISTRESS FOR RENT.] 
           The remedy of distress for rent is abolished. 
           Sec. 3.  [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. 
           Sec. 4.  [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 15, 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. 
           Sec. 5.  [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. 
           Sec. 6.  [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.
           Sec. 7.  [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 13. 
           Sec. 8.  [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. 
           Sec. 9.  [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. 
           Sec. 10.  [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. 
           Sec. 11.  [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. 
                           OBLIGATIONS AND COVENANTS
           Sec. 12.  [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. 
           Sec. 13.  [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 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. 
           Sec. 14.  [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. 
           Sec. 15.  [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 attorney of the county 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 attorney, and the county attorney may 
        determine whether to accept the assignment.  If the county 
        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. 
           Sec. 16.  [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 May 1, 2001, and four 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. 
           Sec. 17.  [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 36 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, 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 and section 19, 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. 
                          BUILDING INSPECTION REPORTS; 
                           BUILDING CODE VIOLATIONS; 
                              CONDEMNED BUILDINGS 
           Sec. 18.  [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. 
           Sec. 19.  [504B.191] [CODE VIOLATIONS RECORDS; DISCLOSURE.] 
           All code violation records pertaining to a particular 
        parcel of real property and the buildings, improvements, and 
        dwelling units located thereon kept by any state, county, or 
        city agency charged by the governing body of the appropriate 
        political subdivision with the responsibility for enforcing a 
        state, county, or city health, housing, building, fire 
        prevention, or housing maintenance code shall be available to 
        all persons having a reasonable need for the information 
        contained in the records relating to the premises, at reasonable 
        times and upon reasonable notice to the custodian of the 
        records, for inspection, examination, abstracting, or copying at 
        the expense of the person obtaining the information.  The 
        persons to whom the records shall be available under this 
        section include, but are not limited to, the following persons 
        and their representatives: 
           (1) any person having any legal or beneficial interest in 
        the premises, including a tenant; 
           (2) any person considering in good faith the lease or 
        purchase of the premises; 
           (3) any person authorized to request an inspection under 
        section 18; and 
           (4) a party to any action related to the premises, 
        including actions maintained pursuant to sections 13, 15, or 58 
        to 72. 
           Sec. 20.  [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 18, 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. 
           Sec. 21.  [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. 
                                TENANT'S RIGHTS 
           Sec. 22.  [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. 
           Sec. 23.  [504B.211] [RESIDENTIAL TENANT'S RIGHT TO 
        PRIVACY.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, "landlord" has the meaning defined in section 1, 
        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 16, 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 56, 57, and 59 to 73 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. 
                    UTILITIES INTERRUPTIONS; UNLAWFUL OUSTER 
           Sec. 24.  [504B.215] [EMERGENCY CONDITIONS; LOSS OF 
        ESSENTIAL 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 13, subdivision 1, clause 
        (1), and 25.  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. 
           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 39. 
           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 39. 
           Sec. 25.  [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. 
           Sec. 26.  [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. 
           Sec. 27.  [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 a 
        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. 
                           RESIDENTIAL TENANT REPORTS
           Sec. 28.  [504B.235] [DEFINITIONS.] 
           Subdivision 1.  [APPLICABILITY.] The definitions in this 
        section apply to sections 28 to 30. 
           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. 
           Sec. 29.  [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.] (a) 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.  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 30 if the 
        residential tenant screening service reports complete and 
        accurate information as provided by the court. 
           (b) A residential tenant screening service shall not 
        provide residential tenant reports containing information on 
        eviction actions in the second and fourth judicial districts, 
        unless the residential tenant report accurately records the 
        outcome of the proceeding or other disposition of the eviction 
        action such as settlement, entry of a judgment, default, or 
        dismissal of the action. 
           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 13 or 15, other 
        breach of a lease agreement, or a counterclaim for possession of 
        the premises under section 57. 
           Subd. 6.  [INFORMATION TO RESIDENTIAL TENANT.] If the 
        landlord uses information in a residential tenant report to deny 
        the rental or increase the security deposit or rent of a 
        residential housing unit, the landlord must inform the 
        prospective residential tenant of the name and address of the 
        tenant screening service that provided the residential tenant 
        report. 
           Sec. 30.  [504B.245] [TENANT REPORT; REMEDIES.] 
           The remedies provided in section 8.31 apply to a violation 
        of section 29.  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 29. 
                              MISCELLANEOUS RIGHTS 
           Sec. 31.  [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. 
           Sec. 32.  [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. 
           Sec. 33.  [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. 
           Sec. 34.  [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. 
           Sec. 35.  [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 16, 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. 
           Sec. 36.  [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. 
                                EVICTION ACTIONS 
           Sec. 37.  [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. 
           Sec. 38.  [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 39 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. 
           Sec. 39.  [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 38, 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 49. 
           (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 49 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. 
           Sec. 40.  [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. 
           Sec. 41.  [504B.305] [NOTICE OF SEIZURE PROVISION.] 
           Landlords shall give written notice to tenants of the 
        provision relating to seizures in section 40.  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. 
           Sec. 42.  [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. 
           Sec. 43.  [504B.315] [RESTRICTIONS ON EVICTION DUE TO 
        FAMILIAL STATUS.] 
           (a) As used in this section, "familial status" has the 
        meaning given it in section 363.01, subdivision 19. 
           (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. 
           Sec. 44.  [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 15 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.
           Sec. 45.  [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 44. 
           Sec. 46.  [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 44, 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. 
           Sec. 47.  [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 48. 
           (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 37 to 54. 
           (d) The court, in scheduling appearances and hearings under 
        this section, shall give priority to any eviction brought under 
        section 15, 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. 
           Sec. 48.  [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 38, 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. 
           Sec. 49.  [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 15 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 39 as 
        required by section 609.5317, subdivision 1; (2) under section 
        15; 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 39 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. 
           Sec. 50.  [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.
           Sec. 51.  [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. 
           Sec. 52.  [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 15, 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 53. 
           Sec. 53.  [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 15, 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 35 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 defendant or the 
        defendant'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 35, 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 27 and is subject to penalty under section 
        26.  This section may not be waived or modified by lease or 
        other agreement. 
           Sec. 54.  [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. 
                           RESIDENTIAL TENANT ACTIONS 
           Sec. 55.  [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 49 in favor of 
        the landlord and against the residential tenant and executed in 
        accordance with section 53; 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 38 to 54 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. 
           Sec. 56.  [504B.381] [EMERGENCY TENANT REMEDIES ACTION.] 
           Subdivision 1.  [PETITION.] A person authorized to bring an 
        action under section 59, 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 64.  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 59, subdivisions 
        3 and 4, do not apply to a petition for emergency relief under 
        this section. 
           Sec. 57.  [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 1, 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 18, 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 1, 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 44. 
           (d) The landlord must serve the counterclaim as provided in 
        section 46, 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 62 
        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 17, 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 64, 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 58. 
           (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 39. 
           (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 67 
        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. 
           Sec. 58.  [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. 
                             TENANT REMEDIES ACTION 
           Sec. 59.  [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 1, 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 1, 
        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 1, 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 18, 
        an action may not be brought under sections 56, 57, or 59 to 69 
        until the time granted under section 18, 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 18, 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 1, 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 1, 
        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 
        1, 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. 
           Sec. 60.  [504B.401] [SUMMONS.] 
           Subdivision 1.  [CONTENTS.] (a) On receipt of the complaint 
        in section 59, 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 56 
        and 59 to 73. 
           (b) The hearing must be scheduled not less than five nor 
        more than ten 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 
        five nor more than ten 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. 
           Sec. 61.  [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. 
           Sec. 62.  [504B.415] [DEFENSES.] 
           It is a sufficient defense to a complaint under section 57 
        or 59 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. 
           Sec. 63.  [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. 
           Sec. 64.  [504B.425] [JUDGMENT.] 
           (a) If the court finds that the complaint in section 59 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 68, 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. 
           Sec. 65.  [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. 
           Sec. 66.  [504B.435] [LANDLORD'S RIGHT TO COLLECT RENT 
        SUSPENDED.] 
           If an administrator has been appointed pursuant to section 
        64, 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 65 until the administration 
        is terminated. 
           Sec. 67.  [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. 
           Sec. 68.  [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 56 and 59 to 73; 
           (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 64, 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. 
           Sec. 69.  [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 68 for properties for 
        occupancy by low- and moderate-income persons or families.  
        Landlords must repay administrative expense payments made from 
        the fund. 
           Sec. 70.  [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 68, giving all parties 
        an opportunity to be heard. 
           Sec. 71.  [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 68, 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 56 and sections 59 to 73. 
           Sec. 72.  [504B.465] [WAIVER NOT ALLOWED.] 
           Any provision of a lease or other agreement in which a 
        provision of section 56 or sections 59 to 73 is waived by a 
        residential tenant is contrary to public policy and void. 
           Sec. 73.  [504B.471] [PURPOSE TO PROVIDE ADDITIONAL 
        REMEDIES.] 
           The purpose of section 56 and sections 59 to 73 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.
           Sec. 74.  [INSTRUCTION TO REVISOR.] 
           If Minnesota Statutes, chapter 504, 504A, or 566 is amended 
        in the 1999 legislative session, the revisor of statutes shall 
        codify the amendments in chapter 504B. 
           Sec. 75.  [REPEALER.] 
           Laws 1998, chapter 253, sections 1 to 79, are repealed. 
           Sec. 76.  [EFFECTIVE DATE.] 
           This article is effective July 1, 1999. 
                                   ARTICLE 2
                               CONFORMING CHANGES
           Section 1.  Minnesota Statutes 1998, section 72A.20, 
        subdivision 23, is amended to read: 
           Subd. 23.  [DISCRIMINATION IN AUTOMOBILE INSURANCE 
        POLICIES.] (a) No insurer that offers an automobile insurance 
        policy in this state shall: 
           (1) use the employment status of the applicant as an 
        underwriting standard or guideline; or 
           (2) deny coverage to a policyholder for the same reason. 
           (b) No insurer that offers an automobile insurance policy 
        in this state shall: 
           (1) use the applicant's status as a residential tenant, as 
        the term is defined in section 566.18, subdivision 2 504B.001, 
        subdivision 12, as an underwriting standard or guideline; or 
           (2) deny coverage to a policyholder for the same reason; or 
           (3) make any discrimination in offering or establishing 
        rates, premiums, dividends, or benefits of any kind, or by way 
        of rebate, for the same reason.  
           (c) No insurer that offers an automobile insurance policy 
        in this state shall: 
           (1) use the failure of the applicant to have an automobile 
        policy in force during any period of time before the application 
        is made as an underwriting standard or guideline; or 
           (2) deny coverage to a policyholder for the same reason. 
           This provision does not apply if the applicant was required 
        by law to maintain automobile insurance coverage and failed to 
        do so. 
           An insurer may require reasonable proof that the applicant 
        did not fail to maintain this coverage.  The insurer is not 
        required to accept the mere lack of a conviction or citation for 
        failure to maintain this coverage as proof of failure to 
        maintain coverage.  The insurer must provide the applicant with 
        information identifying the documentation that is required to 
        establish reasonable proof that the applicant did not fail to 
        maintain the coverage. 
           (d) No insurer that offers an automobile insurance policy 
        in this state shall use an applicant's prior claims for benefits 
        paid under section 65B.44 as an underwriting standard or 
        guideline if the applicant was 50 percent or less negligent in 
        the accident or accidents causing the claims. 
           Sec. 2.  Minnesota Statutes 1998, section 82.24, 
        subdivision 7, is amended to read: 
           Subd. 7.  [INTEREST BEARING ACCOUNTS.] Notwithstanding the 
        provisions of sections 82.17 to 82.31, a real estate broker may 
        establish and maintain interest bearing accounts for the purpose 
        of receiving deposits in accordance with the provisions of 
        section 504.20 504B.178.  
           Sec. 3.  Minnesota Statutes 1998, section 144.9504, 
        subdivision 7, is amended to read: 
           Subd. 7.  [RELOCATION OF RESIDENTS.] (a) Within the limits 
        of appropriations, the assessing agency shall ensure that 
        residents are relocated from rooms or dwellings during a lead 
        hazard reduction process that generates leaded dust, such as 
        removal or disruption of lead-based paint or plaster that 
        contains lead.  Residents shall not remain in rooms or dwellings 
        where the lead hazard reduction process is occurring.  An 
        assessing agency is not required to pay for relocation unless 
        state or federal funding is available for this purpose.  The 
        assessing agency shall make an effort to assist the resident in 
        locating resources that will provide assistance with relocation 
        costs.  Residents shall be allowed to return to the residence or 
        dwelling after completion of the lead hazard reduction process.  
        An assessing agency shall use grant funds under section 144.9507 
        if available, in cooperation with local housing agencies, to pay 
        for moving costs and rent for a temporary residence for any 
        low-income resident temporarily relocated during lead hazard 
        reduction.  For purposes of this section, "low-income resident" 
        means any resident whose gross household income is at or below 
        185 percent of federal poverty level.  
           (b) A resident of rental property who is notified by an 
        assessing agency to vacate the premises during lead hazard 
        reduction, notwithstanding any rental agreement or lease 
        provisions:  
           (1) shall not be required to pay rent due the landlord for 
        the period of time the tenant vacates the premises due to lead 
        hazard reduction; 
           (2) may elect to immediately terminate the tenancy 
        effective on the date the tenant vacates the premises due to 
        lead hazard reduction; and 
           (3) shall not, if the tenancy is terminated, be liable for 
        any further rent or other charges due under the terms of the 
        tenancy. 
           (c) A landlord of rental property whose tenants vacate the 
        premises during lead hazard reduction shall:  
           (1) allow a tenant to return to the dwelling unit after 
        lead hazard reduction and clearance inspection, required under 
        this section, is completed, unless the tenant has elected to 
        terminate the tenancy as provided for in paragraph (b); and 
           (2) return any security deposit due under section 504.20 
        504B.178 within five days of the date the tenant vacates the 
        unit, to any tenant who terminates tenancy as provided for in 
        paragraph (b).  
           Sec. 4.  Minnesota Statutes 1998, section 144A.13, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESIDENT'S RIGHTS.] The administrator of a 
        nursing home shall inform each resident in writing at the time 
        of admission of the right to complain to the administrator about 
        facility accommodations and services.  A notice of the right to 
        complain shall be posted in the nursing home.  The administrator 
        shall also inform each resident of the right to complain to the 
        commissioner of health.  No controlling person or employee of a 
        nursing home shall retaliate in any way against a complaining 
        nursing home resident and no nursing home resident may be denied 
        any right available to the resident under chapter 566 504B. 
           Sec. 5.  Minnesota Statutes 1998, section 144D.06, is 
        amended to read: 
           144D.06 [OTHER LAWS.] 
           A housing with services establishment shall obtain and 
        maintain all other licenses, permits, registrations, or other 
        governmental approvals required of it in addition to 
        registration under this chapter.  A housing with services 
        establishment is subject to the provisions of sections 504.01 to 
        504.28 and 566.01 to 566.175 chapter 504B.  
           Sec. 6.  Minnesota Statutes 1998, section 216C.30, 
        subdivision 5, is amended to read: 
           Subd. 5.  [REMEDIES ADDITIONAL FOR HEALTH OR SAFETY 
        VIOLATION.] For purposes of sections 504.18 504B.161 and 566.18 
        504B.185 and 504B.381 to 566.33 504B.471, the weatherstripping, 
        caulking, storm window, and storm door energy efficiency 
        standards for renter-occupied residences prescribed by section 
        216C.27, subdivisions 1 and 3, are health and safety standards 
        and the penalties and remedies provided in this section are in 
        addition to and do not limit remedies otherwise available to 
        tenants of renter-occupied residences.  
           Sec. 7.  Minnesota Statutes 1998, section 299C.67, 
        subdivision 5, is amended to read: 
           Subd. 5.  [OWNER.] "Owner" has the meaning given to 
        "landlord" in section 566.18, subdivision 3 504B.001, 
        subdivision 7.  However, "owner" does not include a person who 
        owns, operates, or is in control of a health care facility or a 
        home health agency licensed by the commissioner of health or 
        human services under chapter 144, 144A, 144B, or 245A, or a 
        board and lodging establishment with special services registered 
        under section 157.17.  
           Sec. 8.  Minnesota Statutes 1998, section 299C.67, 
        subdivision 7, is amended to read: 
           Subd. 7.  [TENANT.] "Tenant" has the meaning given to 
        "residential tenant" in section 566.18, subdivision 2 504B.001, 
        subdivision 12. 
           Sec. 9.  Minnesota Statutes 1998, section 299C.69, is 
        amended to read: 
           299C.69 [OWNER DUTIES IF MANAGER CONVICTED OF CRIME.] 
           (a) If the superintendent's response indicates that the 
        manager has been convicted of a background check crime defined 
        in section 299C.67, subdivision 2, paragraph (a), the owner may 
        not hire the manager or, if the manager was hired pending 
        completion of the background check, shall terminate the 
        manager's employment.  Except as provided in paragraph (c), if 
        an owner otherwise knows that a manager has been convicted of a 
        background check crime defined in section 299C.67, subdivision 
        2, paragraph (a), the owner shall terminate the manager's 
        employment. 
           (b) If the superintendent's response indicates that the 
        manager has been convicted of a background check crime defined 
        in section 299C.67, subdivision 2, paragraph (b), the owner may 
        not hire the manager unless more than ten years have elapsed 
        since the date of discharge of the sentence.  If the manager was 
        hired pending completion of the background check, the owner 
        shall terminate the manager's employment unless more than ten 
        years have elapsed since the date of discharge of the sentence.  
        Except as provided in paragraph (c), if an owner otherwise knows 
        that a manager has been convicted of a background check crime 
        defined in section 299C.67, subdivision 2, paragraph (b), the 
        owner shall terminate the manager's employment unless more than 
        ten years have elapsed since the date of discharge of the 
        sentence. 
           (c) If an owner knows that a manager hired before July 1, 
        1995, was convicted of a background check crime for an offense 
        committed before July 1, 1995, the owner may continue to employ 
        the manager.  However, the owner shall notify all tenants and 
        prospective tenants whose dwelling units would be accessible to 
        the manager of the crime for which the manager has been 
        convicted and of the right of a current tenant to terminate the 
        tenancy under this paragraph, if the manager was convicted of a 
        background check crime defined in: 
           (1) section 299C.67, subdivision 2, paragraph (a); or 
           (2) section 299C.67, subdivision 2, paragraph (b), unless 
        more than ten years have elapsed since the sentence was 
        discharged. 
           Notwithstanding a lease provision to the contrary, a 
        current tenant who receives a notice under this paragraph may 
        terminate the tenancy within 60 days of receipt of the notice by 
        giving the owner at least 14 days' advance notice of the 
        termination date. 
           (d) The owner shall notify the manager of any action taken 
        under this subdivision. 
           (e) If an owner is required to terminate a manager's 
        employment under paragraph (a) or (b), or terminates a manager's 
        employment in lieu of notifying tenants under paragraph (c), the 
        owner is not liable under any law, contract, or agreement, 
        including liability for unemployment compensation claims, for 
        terminating the manager's employment in accordance with this 
        section.  Notwithstanding a lease or agreement governing 
        termination of the tenancy, if the manager whose employment is 
        terminated is also a tenant, the owner may terminate the tenancy 
        immediately upon giving notice to the manager.  An unlawful 
        detainer eviction action to enforce the termination of the 
        tenancy must be treated as a priority writ under 
        sections 566.05, 566.07, 566.09, subdivision 1, 566.16, 
        subdivision 2, and 566.17, subdivision 1a 504B.321; 504B.335; 
        504B.345, subdivision 1; 504B.361, subdivision 2; and 504B.365, 
        subdivision 2. 
           Sec. 10.  Minnesota Statutes 1998, section 327C.02, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [ACTION TO RECOVER POSSESSION OF LAND.] 
        Notwithstanding section 566.09 504B.345, in an action to recover 
        possession of land for violation of a new or amended rule, if 
        the court finds that the rule is reasonable or is not a 
        substantial modification, the court shall issue an order in 
        favor of the plaintiff for costs.  The court shall order the 
        defendant to comply with the rule within ten days.  If the 
        resident fails to comply with the rule at any time after the 
        time period provided by the court, the park owner may, upon a 
        showing to the court that three days' written notice was given 
        to the resident, move the court for writ of restitution to 
        recover possession of the lot. 
           Sec. 11.  Minnesota Statutes 1998, section 327C.03, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SECURITY DEPOSIT.] A park owner may require a 
        resident to deposit with the park owner a fee, not to exceed the 
        amount of two months' rent, to secure the resident's performance 
        of the rental agreement and to protect the park owner against 
        damage by the resident to park property, including any damage 
        done by the resident in the installation or removal of the 
        resident's home.  The provisions of section 504.20 504B.178 
        shall apply to any security deposit required by a park owner 
        under this subdivision.  
           Sec. 12.  Minnesota Statutes 1998, section 327C.10, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NONPAYMENT OF RENT.] In any action to 
        recover possession for failure to pay rent, it shall be a 
        defense that the sum allegedly due contains a charge which 
        violates section 327C.03, or that the park owner has injured the 
        defendant by failing to comply with section 504.18 504B.161.  
           Sec. 13.  Minnesota Statutes 1998, section 327C.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RIGHT OF REDEMPTION.] The right of 
        redemption, as expressed in section 504.02 504B.291 and the 
        common law, is available to a resident from whom a park owner 
        seeks to recover possession for nonpayment of rent, but no 
        resident may exercise that right more than twice in any 12-month 
        period; provided, that a resident may exercise the right of 
        redemption more than twice in any 12-month period by paying the 
        park owner's actual reasonable attorney's fees as part of each 
        additional exercise of that right during the 12-month period.  
           Sec. 14.  Minnesota Statutes 1998, section 363.033, is 
        amended to read: 
           363.033 [RENTAL HOUSING PRIORITY; ACCESSIBLE UNITS.] 
           Subdivision 1.  [DEFINITIONS.] The definitions in this 
        subdivision apply to this section. 
           (a) "Accessible unit" means an accessible rental housing 
        unit that meets the handicapped facility requirements of the 
        State Building Code, Minnesota Rules, chapter 1340. 
           (b) "Owner Landlord" has the meaning given it in 
        section 566.18, subdivision 3 504B.001, subdivision 7. 
           Subd. 2.  [PRIORITY REQUIREMENT.] (a) An owner A landlord 
        of rental housing that contains accessible units must give 
        priority for the rental of an accessible unit to a disabled 
        person or a family with a disabled family member who will reside 
        in the unit.  The owner landlord must inform nondisabled persons 
        and families that do not include a disabled family member of the 
        possibility of being offered a non-handicapped-equipped unit as 
        provided under this section before a rental agreement to rent an 
        accessible unit is entered. 
           (b) If a nondisabled person or a family that does not 
        include a disabled person is living in an accessible unit, the 
        person or family must be offered a non-handicapped-equipped unit 
        if the following conditions occur: 
           (1) a disabled person or a family with a disabled family 
        member who will reside in the unit has signed a rental agreement 
        to rent the accessible unit; and 
           (2) a similar non-handicapped-equipped unit in the same 
        rental housing complex is available at the same rent. 
           Sec. 15.  Minnesota Statutes 1998, section 462A.05, 
        subdivision 15, is amended to read: 
           Subd. 15.  [REHABILITATION GRANTS.] It may make grants to 
        persons and families of low and moderate income to pay or to 
        assist in paying a loan made pursuant to subdivision 14, or to 
        rehabilitate or to assist in rehabilitating existing residential 
        housing owned or occupied by such persons or families.  For the 
        purposes of this section, persons of low and moderate income 
        include administrators appointed pursuant to section 566.25, 
        clause (c) 504B.425, paragraph (d).  No grant shall be made 
        unless the agency determines that the grant will be used 
        primarily to make the housing more desirable to live in, to 
        increase the market value of the housing or for compliance with 
        state, county or municipal building, housing maintenance, fire, 
        health or similar codes and standards applicable to housing, or 
        to accomplish energy conservation related improvements.  In 
        unincorporated areas and municipalities not having codes and 
        standards, the agency may, solely for the purpose of 
        administering this provision, establish codes and standards.  No 
        grant for rehabilitation of owner occupied residential housing 
        shall be denied solely because the grant will not be used for 
        placing the residential housing in full compliance with all 
        state, county or municipal building, housing maintenance, fire, 
        health or similar codes and standards applicable to housing.  
        The amount of any grant shall not exceed the lesser of (a) 
        $6,000, or (b) the actual cost of the work performed, or (c) 
        that portion of the cost of rehabilitation which the agency 
        determines cannot otherwise be paid by the person or family 
        without spending an unreasonable portion of the income of the 
        person or family thereon.  In making grants, the agency shall 
        determine the circumstances under which and the terms and 
        conditions under which all or any portion thereof will be repaid 
        and shall determine the appropriate security should repayment be 
        required. 
           The agency may also make grants to rehabilitate or to 
        assist in rehabilitating housing under this subdivision to 
        persons of low and moderate income for the purpose of qualifying 
        as foster parents. 
           Sec. 16.  Minnesota Statutes 1998, section 462C.05, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REVENUE AGREEMENT AND FINANCING LEASE.] Any 
        revenue agreement or financing lease which includes a provision 
        for a conveyance of real estate to the lessee or contracting 
        party may be terminated in accordance with the revenue agreement 
        or financing lease, notwithstanding that the revenue agreement 
        or financing lease may constitute an equitable mortgage.  No 
        financing lease of any development is subject to section 
        504.02 504B.291, unless expressly so provided in the financing 
        lease.  Leases of specific dwelling units in the development to 
        tenants are not affected by this subdivision.  
           Sec. 17.  Minnesota Statutes 1998, section 469.156, is 
        amended to read: 
           469.156 [AUTHORIZATION OF PROJECTS AND BONDS.] 
           The acquisition, construction, reconstruction, improvement, 
        betterment, or extension of any project, the execution of any 
        revenue agreement or mortgage pertaining thereto, and the 
        issuance of bonds in anticipation of the collection of the 
        revenues of the project to provide funds to pay for its cost, 
        may be authorized by an ordinance or resolution of the governing 
        body adopted at a regular or duly called special meeting thereof 
        by the affirmative vote of a majority of its members.  No 
        election shall be required to authorize the use of any of the 
        powers conferred by sections 469.152 to 469.165.  No lease of 
        any project shall be subject to the provisions of section 504.02 
        504B.291, unless expressly so provided in the lease.  
           Sec. 18.  Minnesota Statutes 1998, section 471A.03, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REMEDIES.] The municipality may provide that 
        title to the facilities shall vest in or revert to the 
        municipality if the private vendor defaults under any specified 
        provisions in the service contract.  The municipality may 
        acquire or reacquire any facilities and terminate the service 
        contract in accordance with its terms notwithstanding that the 
        service contract may constitute an equitable mortgage.  No lease 
        of facilities by the municipality to the private vendor is 
        subject to the provisions of section 504.02 504B.291, unless 
        expressly so provided in the service contract. 
           Sec. 19.  Minnesota Statutes 1998, section 481.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERMITTED ACTIONS.] The provisions of this 
        section shall not prohibit:  
           (1) any person from drawing, without charge, any document 
        to which the person, an employer of the person, a firm of which 
        the person is a member, or a corporation whose officer or 
        employee the person is, is a party, except another's will or 
        testamentary disposition or instrument of trust serving purposes 
        similar to those of a will; 
           (2) a person from drawing a will for another in an 
        emergency if the imminence of death leaves insufficient time to 
        have it drawn and its execution supervised by a licensed 
        attorney-at-law; 
           (3) any insurance company from causing to be defended, or 
        from offering to cause to be defended through lawyers of its 
        selection, the insureds in policies issued or to be issued by 
        it, in accordance with the terms of the policies; 
           (4) a licensed attorney-at-law from acting for several 
        common-carrier corporations or any of its subsidiaries pursuant 
        to arrangement between the corporations; 
           (5) any bona fide labor organization from giving legal 
        advice to its members in matters arising out of their 
        employment; 
           (6) any person from conferring or cooperating with a 
        licensed attorney-at-law of another in preparing any legal 
        document, if the attorney is not, directly or indirectly, in the 
        employ of the person or of any person, firm, or corporation 
        represented by the person; 
           (7) any licensed attorney-at-law of Minnesota, who is an 
        officer or employee of a corporation, from drawing, for or 
        without compensation, any document to which the corporation is a 
        party or in which it is interested personally or in a 
        representative capacity, except wills or testamentary 
        dispositions or instruments of trust serving purposes similar to 
        those of a will, but any charge made for the legal work 
        connected with preparing and drawing the document shall not 
        exceed the amount paid to and received and retained by the 
        attorney, and the attorney shall not, directly or indirectly, 
        rebate the fee to or divide the fee with the corporation; 
           (8) any person or corporation from drawing, for or without 
        a fee, farm or house leases, notes, mortgages, chattel 
        mortgages, bills of sale, deeds, assignments, satisfactions, or 
        any other conveyances except testamentary dispositions and 
        instruments of trust; 
           (9) a licensed attorney-at-law of Minnesota from rendering 
        to a corporation legal services to itself at the expense of one 
        or more of its bona fide principal stockholders by whom the 
        attorney is employed and by whom no compensation is, directly or 
        indirectly, received for the services; 
           (10) any person or corporation engaged in the business of 
        making collections from engaging or turning over to an 
        attorney-at-law for the purpose of instituting and conducting 
        suit or making proof of claim of a creditor in any case in which 
        the attorney-at-law receives the entire compensation for the 
        work; 
           (11) any regularly established farm journal or newspaper, 
        devoted to general news, from publishing a department of legal 
        questions and answers to them, made by a licensed 
        attorney-at-law, if no answer is accompanied or at any time 
        preceded or followed by any charge for it, any disclosure of any 
        name of the maker of any answer, any recommendation of or 
        reference to any one to furnish legal advice or services, or by 
        any legal advice or service for the periodical or any one 
        connected with it or suggested by it, directly or indirectly; 
           (12) any authorized management agent of an owner of rental 
        property used for residential purposes, whether the management 
        agent is a natural person, corporation, partnership, limited 
        partnership, or any other business entity, from commencing, 
        maintaining, conducting, or defending in its own behalf any 
        action in any court in this state to recover or retain 
        possession of the property, except that the provision of this 
        clause does not authorize a person who is not a licensed 
        attorney-at-law to conduct a jury trial or to appear before a 
        district court or the court of appeals or supreme court pursuant 
        to an appeal; 
           (13) any person from commencing, maintaining, conducting, 
        or defending on behalf of the plaintiff or defendant any action 
        in any court of this state pursuant to the provisions of section 
        566.175 504B.375 or sections 566.18 to 566.35 504B.185 and 
        504B.381 to 504B.471 or from commencing, maintaining, 
        conducting, or defending on behalf of the plaintiff or defendant 
        any action in any court of this state for the recovery of rental 
        property used for residential purposes pursuant to the 
        provisions of section 566.02 or 566.03, subdivision 1 504B.285, 
        subdivision 1, or 504B.301, except that the provision of this 
        clause does not authorize a person who is not a licensed 
        attorney-at-law to conduct a jury trial or to appear before a 
        district court or the court of appeals or supreme court pursuant 
        to an appeal, and provided that, except for a nonprofit 
        corporation, a person who is not a licensed attorney-at-law 
        shall not charge or collect a separate fee for services rendered 
        pursuant to this clause; 
           (14) the delivery of legal services by a specialized legal 
        assistant in accordance with a specialty license issued by the 
        supreme court before July 1, 1995; 
           (15) the sole shareholder of a corporation from appearing 
        on behalf of the corporation in court; or 
           (16) an officer, manager, partner, or employee or an agent 
        of a condominium, cooperative, or townhouse association from 
        appearing on behalf of a corporation, limited liability company, 
        partnership, sole proprietorship, or association in conciliation 
        court or in a district court action removed from conciliation 
        court, in accordance with section 491A.02, subdivision 4. 
           Sec. 20.  Minnesota Statutes 1998, section 484.013, 
        subdivision 2, is amended to read: 
           Subd. 2.  [JURISDICTION.] The housing calendar program may 
        consolidate the hearing and determination of all proceedings 
        under chapters 504 and 566 chapter 504B; criminal and civil 
        proceedings related to violations of any state, county or city 
        health, safety, housing, building, fire prevention or housing 
        maintenance code; escrow of rent proceedings; landlord-tenant 
        damage actions; and actions for rent and rent abatement.  A 
        proceeding under sections 566.01 to 566.17 504B.281 to 504B.371 
        may not be delayed because of the consolidation of matters under 
        the housing calendar program.  
           Sec. 21.  Minnesota Statutes 1998, section 487.17, is 
        amended to read: 
           487.17 [FORCIBLE ENTRY AND UNLAWFUL DETAINER.] 
           Whether or not title to real estate is involved, the county 
        court has jurisdiction of actions of forcible entry and unlawful 
        detainer or actions for unlawful removal or exclusion pursuant 
        to section 566.175 504B.375, involving land located wholly or 
        partly within the county court district and of actions seeking 
        relief for code violations pursuant to sections 566.18 to 566.33 
        504B.185 and 504B.381 to 504B.471 involving premises located 
        wholly or partly within the county court district. 
           Sec. 22.  Minnesota Statutes 1998, section 487.24, is 
        amended to read: 
           487.24 [FORCIBLE ENTRY AND UNLAWFUL DETAINER ACTIONS.] 
           Subdivision 1.  [RETURN DAYS.] Return days for forcible 
        entry and unlawful detainer actions may be fixed by rule 
        promulgated by the court. 
           Subd. 2.  [PROCEDURE; FORMS.] Sections 566.01 to 
        566.16 504B.281 to 504B.371 apply to the county court.  The 
        forms therein prescribed, with appropriate modifications, may be 
        used. 
           Subd. 3.  [DEFAULT JUDGMENTS.] Whenever a duly verified 
        complaint in an action of forcible entry or unlawful detainer 
        shows one of the causes of action set forth in section 
        566.03 504B.285, and on the return day of the summons the 
        defendant does not appear, the judge of the county court, upon 
        proof of the due service of the summons, may find the defendant 
        in default and file an order for judgment accordingly. 
           Sec. 23.  Minnesota Statutes 1998, section 488A.01, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [JURISDICTION.] Notwithstanding the provisions 
        of subdivision 2 or 8 or any court rule to the contrary, the 
        municipal court of Hennepin county has jurisdiction to determine 
        an action brought pursuant to section 504.20 504B.178 for the 
        recovery of a deposit on rental property located in Hennepin 
        county, and the summons in the action may be served anywhere in 
        the state of Minnesota. 
           Sec. 24.  Minnesota Statutes 1998, section 488A.01, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FORCIBLE ENTRY AND UNLAWFUL DETAINER OR UNLAWFUL 
        REMOVAL OR EXCLUSION.] Whether or not the title to real estate 
        is involved, the court has jurisdiction of actions of forcible 
        entry and unlawful detainer or actions for unlawful removal or 
        exclusion pursuant to section 566.175 504B.375, involving land 
        located wholly or in part within Hennepin county and, 
        notwithstanding any provision of subdivision 7 to the contrary, 
        of actions seeking relief for code violations pursuant to 
        sections 566.18 to 566.33 504B.185 and 504B.381 to 504B.471 
        involving premises located wholly or partly within Hennepin 
        county. 
           Sec. 25.  Minnesota Statutes 1998, section 488A.11, is 
        amended to read: 
           488A.11 [FORCIBLE ENTRY AND UNLAWFUL DETAINER ACTIONS.] 
           Subdivision 1.  [RETURN DAYS.] Return days for forcible 
        entry and unlawful detainer actions may be fixed by rule 
        promulgated by a majority of the judges.  
           Subd. 2.  [PROCEDURE; FORMS.] Sections 566.01 to 
        566.16 504B.281 to 504B.371 apply to the court.  The forms 
        therein prescribed, with appropriate modifications, may be used. 
           Subd. 3.  [DEFAULT JUDGMENTS.] Whenever a duly verified 
        complaint in an action of forcible entry or unlawful detainer 
        shows one of the causes of action set forth in section 
        566.03 504B.285 and on the return day of the summons the 
        defendant does not appear, the judge, upon proof of the due 
        service of the summons, shall enter an order adjudging the 
        defendant to be in default, and thereafter the court 
        administrator shall enter judgment for the plaintiff without the 
        introduction of evidence. 
           Sec. 26.  Minnesota Statutes 1998, section 488A.18, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CIVIL JURISDICTION.] (a) Excepting cases 
        involving title to real estate, the court has jurisdiction to 
        hear, try and determine civil actions at law in which the amount 
        in controversy does not exceed $15,000, exclusive of interest 
        and costs.  The territorial jurisdiction of the court is 
        coextensive with the geographic boundaries of the county of 
        Ramsey. 
           (b) The court also has jurisdiction, within the limitations 
        provided in this subdivision, to hear, try and determine civil 
        actions commenced by a plaintiff, resident of Ramsey county, 
        where the action arose out of alleged negligent operation of a 
        motor vehicle in Ramsey county, notwithstanding that the 
        defendant or defendants are not residents of the county.  
        Notwithstanding any law or rule of civil procedure to the 
        contrary, the summons in the action may be served anywhere 
        within the state of Minnesota. 
           (c) Notwithstanding the provisions of clause (a) or any 
        rule of court to the contrary, the municipal court of Ramsey 
        county has jurisdiction to determine an action brought pursuant 
        to section 504.20 504B.178 for the recovery of a deposit on 
        rental property located in whole or in part in Ramsey county, 
        and the summons in the action may be served anywhere within the 
        state of Minnesota. 
           Sec. 27.  Minnesota Statutes 1998, section 488A.18, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FORCIBLE ENTRY AND UNLAWFUL DETAINER OR UNLAWFUL 
        REMOVAL OR EXCLUSION.] Whether or not the title to real estate 
        is involved, the court has jurisdiction of actions of forcible 
        entry and unlawful detainer or actions for unlawful removal or 
        exclusion pursuant to section 566.175 504B.375, involving land 
        located wholly or in part within Ramsey county and, 
        notwithstanding any provision of subdivision 8 to the contrary, 
        of actions seeking relief for code violations pursuant to 
        sections 566.18 to 566.33 504B.185 and 504B.381 to 504B.471 
        involving premises located wholly or partly within Ramsey county.
           Sec. 28.  Minnesota Statutes 1998, section 491A.01, 
        subdivision 9, is amended to read: 
           Subd. 9.  [JURISDICTION; RENTAL PROPERTY.] The conciliation 
        court also has jurisdiction to determine an action for damages 
        arising from the landlord and tenant relationship under 
        chapter 504 504B or under the rental agreement in the county in 
        which the rental property is located. 
           Sec. 29.  Minnesota Statutes 1998, section 514.977, is 
        amended to read: 
           514.977 [DEFAULT.] 
           If an occupant defaults in the payment of rent or otherwise 
        breaches the rental agreement, the owner may commence an 
        unlawful detainer action under section 566.01 504B.281. 
           Sec. 30.  Minnesota Statutes 1998, section 515B.3-116, is 
        amended to read: 
           515B.3-116 [LIEN FOR ASSESSMENTS.] 
           (a) The association has a lien on a unit for any assessment 
        levied against that unit from the time the assessment becomes 
        due.  If an assessment is payable in installments, the full 
        amount of the assessment is a lien from the time the first 
        installment thereof becomes due.  Unless the declaration 
        otherwise provides, fees, charges, late charges, fines and 
        interest charges pursuant to section 515B.3-102(a)(10), (11) and 
        (12) are liens, and are enforceable as assessments, under this 
        section.  
           (b) A lien under this section is prior to all other liens 
        and encumbrances on a unit except (i) liens and encumbrances 
        recorded before the declaration and, in a cooperative, liens and 
        encumbrances which the association creates, assumes, or takes 
        subject to, (ii) any first mortgage on the unit, or, in a 
        cooperative, any first security interest encumbering only the 
        unit owner's interest in the unit, and (iii) liens for real 
        estate taxes and other governmental assessments or charges 
        against the unit.  If a first mortgage on a unit is foreclosed, 
        the first mortgage was recorded after June 1, 1994, and no owner 
        redeems during the owner's period of redemption provided by 
        chapter 580, 581, or 582, the holder of the sheriff's 
        certificate of sale from the foreclosure of the first mortgage 
        shall take title to the unit subject to unpaid assessments for 
        common expenses levied pursuant to section 515B.3-115(a), (h)(1) 
        to (3), (i), and (l) which became due, without acceleration, 
        during the six months immediately preceding the first day 
        following the end of the owner's period of redemption.  If a 
        first security interest encumbering a unit owner's interest in a 
        cooperative unit which is personal property is foreclosed, the 
        secured party or the purchaser at the sale shall take title to 
        the unit subject to unpaid assessments for common expenses 
        levied pursuant to section 515B.3-115(a), (h)(1) to (3), (i), 
        and (l) which became due, without acceleration, during the six 
        months immediately preceding the first day following either the 
        date of sale pursuant to section 336.9-504 or the date on which 
        the obligation of the unit owner is discharged pursuant to 
        section 336.9-505.  This subsection shall not affect the 
        priority of mechanics' liens. 
           (c) Recording of the declaration constitutes record notice 
        and perfection of any lien under this section, and no further 
        recordation of any notice of or claim for the lien is required. 
           (d) Proceedings to enforce an assessment lien shall be 
        instituted within three years after the last installment of the 
        assessment becomes payable, or shall be barred. 
           (e) The unit owner of a unit at the time an assessment is 
        due shall be personally liable to the association for payment of 
        the assessment levied against the unit.  If there are multiple 
        owners of the unit, they shall be jointly and severally liable. 
           (f) This section does not prohibit actions to recover sums 
        for which subsection (a) creates a lien nor prohibit an 
        association from taking a deed in lieu of foreclosure. 
           (g) The association shall furnish to a unit owner or the 
        owner's authorized agent upon written request of the unit owner 
        or the authorized agent a statement setting forth the amount of 
        unpaid assessments currently levied against the owner's unit.  
        If the unit owner's interest is real estate, the statement shall 
        be in recordable form.  The statement shall be furnished within 
        ten business days after receipt of the request and is binding on 
        the association and every unit owner. 
           (h) The association's lien may be foreclosed as provided in 
        this subsection. 
           (1) In a condominium or planned community, the 
        association's lien may be foreclosed in a like manner as a 
        mortgage containing a power of sale pursuant to chapter 580, or 
        by action pursuant to chapter 581.  The association shall have a 
        power of sale to foreclose the lien pursuant to chapter 580. 
           (2) In a cooperative whose unit owners' interests are real 
        estate, the association's lien shall be foreclosed in a like 
        manner as a mortgage on real estate as provided in paragraph (1).
           (3) In a cooperative whose unit owners' interests in the 
        units are personal property, the association's lien shall be 
        foreclosed in a like manner as a security interest under article 
        9 of chapter 336.  In any disposition pursuant to section 
        336.9-504 or retention pursuant to section 336.9-505, the rights 
        of the parties shall be the same as those provided by law, 
        except (i) notice of sale, disposition, or retention shall be 
        served on the unit owner 90 days prior to sale, disposition, or 
        retention, (ii) the association shall be entitled to its 
        reasonable costs and attorney fees not exceeding the amount 
        provided by section 582.01, subdivision 1a, (iii) the amount of 
        the association's lien shall be deemed to be adequate 
        consideration for the unit subject to disposition or retention, 
        notwithstanding the value of the unit, and (iv) the notice of 
        sale, disposition, or retention shall contain the following 
        statement in capital letters with the name of the association or 
        secured party filled in: 
           "THIS IS TO INFORM YOU THAT BY THIS NOTICE (fill in name of 
        association or secured party) HAS BEGUN PROCEEDINGS UNDER 
        MINNESOTA STATUTES, CHAPTER 515B, TO FORECLOSE ON YOUR INTEREST 
        IN YOUR UNIT FOR THE REASON SPECIFIED IN THIS NOTICE.  YOUR 
        INTEREST IN YOUR UNIT WILL TERMINATE 90 DAYS AFTER SERVICE OF 
        THIS NOTICE ON YOU UNLESS BEFORE THEN: 
           (a) THE PERSON AUTHORIZED BY (fill in the name of 
        association or secured party) AND DESCRIBED IN THIS NOTICE TO 
        RECEIVE PAYMENTS RECEIVES FROM YOU: 
           (1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS 
           (2) THE COSTS INCURRED TO SERVE THIS NOTICE ON YOU; PLUS 
           (3) $500 TO APPLY TO ATTORNEYS FEES ACTUALLY EXPENDED OR 
        INCURRED; PLUS 
           (4) ANY ADDITIONAL AMOUNTS FOR YOUR UNIT BECOMING DUE TO 
        (fill in name of association or secured party) AFTER THE DATE OF 
        THIS NOTICE; OR 
           (b) YOU SECURE FROM A DISTRICT COURT AN ORDER THAT THE 
        FORECLOSURE OF YOUR RIGHTS TO YOUR UNIT BE SUSPENDED UNTIL YOUR 
        CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING, OR 
        SETTLEMENT.  YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND 
        GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES. 
           IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS 
        WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR OWNERSHIP 
        RIGHTS IN YOUR UNIT WILL TERMINATE AT THE END OF THE PERIOD, YOU 
        WILL LOSE ALL THE MONEY YOU HAVE PAID FOR YOUR UNIT, YOU WILL 
        LOSE YOUR RIGHT TO POSSESSION OF YOUR UNIT, YOU MAY LOSE YOUR 
        RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE, AND 
        YOU WILL BE EVICTED.  IF YOU HAVE ANY QUESTIONS ABOUT THIS 
        NOTICE, CONTACT AN ATTORNEY IMMEDIATELY." 
           (4) In any foreclosure pursuant to chapter 580, 581, or 
        582, the rights of the parties shall be the same as those 
        provided by law, except (i) the period of redemption for unit 
        owners shall be six months from the date of sale or a lesser 
        period authorized by law, (ii) in a foreclosure by advertisement 
        under chapter 580, the foreclosing party shall be entitled to 
        costs and disbursements of foreclosure, and attorneys fees in 
        the amount provided by section 582.01, subdivision 1a, (iii) in 
        a foreclosure by action under chapter 581, the foreclosing party 
        shall be entitled to costs and disbursements of foreclosure and 
        attorneys fees as the court shall determine, and (iv) the amount 
        of the association's lien shall be deemed to be adequate 
        consideration for the unit subject to foreclosure, 
        notwithstanding the value of the unit. 
           (i) If a holder of a sheriff's certificate of sale, prior 
        to the expiration of the period of redemption, pays any past due 
        or current assessments, or any other charges lienable as 
        assessments, with respect to the unit described in the sheriff's 
        certificate, then the amount paid shall be a part of the sum 
        required to be paid to redeem under section 582.03. 
           (j) In a cooperative, following foreclosure, the 
        association may bring an action for unlawful detainer against 
        the unit owner and any persons in possession of the unit, and in 
        that case section 504.02 504B.291 shall not apply. 
           (k) An association may assign its lien rights in the same 
        manner as any other secured party. 
           Sec. 31.  Minnesota Statutes 1998, section 515B.4-111, is 
        amended to read: 
           515B.4-111 [CONVERSION PROPERTY.] 
           (a) A declarant of a common interest community containing 
        conversion property, shall give the occupants of residential 
        units in the conversion property notice of the conversion no 
        later than 120 days before they are required to vacate.  The 
        notice shall be given by hand delivering or mailing one notice 
        to each residential unit, addressed to the occupants thereof.  
        If the holder of the lessee's interest in the unit has given the 
        owner of the building an address different than that of the 
        unit, then the notice shall also be given to the holder of the 
        lessee's interest at the designated address.  The notice shall 
        satisfy the following requirements: 
           (1) The notice shall set forth generally the rights 
        conferred by this section. 
           (2) The notice shall have attached to the notice intended 
        for the holder of the lessee's interest a form of purchase 
        agreement setting forth the terms of sale contemplated by 
        subsection (d) and a statement of any significant restrictions 
        on the use and occupancy of the unit to be imposed by the 
        declarant. 
           (3) The notice shall state that the occupants of the 
        residential unit may demand to be given 60 additional days 
        before being required to vacate, if any of them, or any person 
        residing with them, is (i) 62 years of age or older, (ii) a 
        person with a disability as defined in section 268A.01, or (iii) 
        a minor child on the date the notice is given.  This demand must 
        be in writing, contain reasonable proof of qualification, and be 
        given to the declarant within 30 days after the notice of 
        conversion is delivered or mailed. 
           (4) The notice shall be contained in an envelope upon which 
        the following shall be boldly printed: "Notice of Conversion." 
           (b) No occupant of a unit in a conversion property may be 
        required to vacate upon less than 120 days' notice, except by 
        reason of nonpayment of rent, waste, or conduct that disturbs 
        other tenants' peaceful enjoyment of the premises.  Nor may the 
        terms of the tenancy be altered during that period, except that 
        a tenant or other party in possession may vacate and terminate 
        the lease upon one month's written notice to the declarant.  
        Nothing in this section prevents the declarant and any occupant 
        from agreeing to an extension of the tenancy on a month-to-month 
        basis beyond the 120-day notice period, or to an earlier 
        termination of the tenancy. 
           (c) No repair work or remodeling may be commenced or 
        undertaken in the occupied units or common areas of the building 
        during the notice period, unless reasonable precautions are 
        taken to ensure the safety and security of the occupants. 
           (d) For 60 days after delivery or mailing of the notice 
        described in subsection (a), the holder of the lessee's interest 
        in the unit on the date the notice is mailed or delivered shall 
        have an option to purchase that unit on the terms set forth in 
        the purchase agreement attached to the notice.  The purchase 
        agreement shall contain no terms or provisions which violate any 
        state or federal law relating to discrimination in housing.  If 
        the holder of the lessee's interest fails to purchase the unit 
        during that 60-day period, the declarant may not offer to 
        dispose of an interest in that unit during the following 180 
        days at a price or on terms more favorable to the offeree than 
        the price or terms offered to the holder.  This subsection does 
        not apply to any unit in a conversion building if that unit will 
        be restricted exclusively to nonresidential use or if the 
        boundaries of the converted unit do not substantially conform to 
        the boundaries of the residential unit before conversion. 
           (e) If a declarant, in violation of subsection (b), conveys 
        a unit to a purchaser for value who has no knowledge of the 
        violation, the recording of the deed conveying the unit or, in a 
        cooperative, the conveyance of the right to possession of the 
        unit, extinguishes any right a holder of a lessee's interest who 
        is not in possession of the unit may have under subsection (d) 
        to purchase that unit, but the conveyance does not affect the 
        right of the holder to recover damages from the declarant for a 
        violation of subsection (d). 
           (f) If a notice of conversion specifies a date by which a 
        unit or proposed unit must be vacated or otherwise complies with 
        the provisions of chapter 566 504B, the notice also constitutes 
        a notice to vacate specified by that statute. 
           (g) Nothing in this section permits termination of a lease 
        by a declarant in violation of its terms. 
           (h) Failure to give notice as required by this section is a 
        defense to an action for possession until a notice complying 
        with this section is given and the applicable notice period 
        terminates. 
           Sec. 32.  Minnesota Statutes 1998, section 576.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  A receiver shall be appointed in the following 
        case: 
           After the first publication of notice of sale for the 
        foreclosure of a mortgage pursuant to chapter 580, or with the 
        commencement of an action to foreclose a mortgage pursuant to 
        chapter 581, and during the period of redemption, if the 
        mortgage being foreclosed secured an original principal amount 
        of $100,000 or more or is a lien upon residential real estate 
        containing more than four dwelling units and was not a lien upon 
        property which was entirely homesteaded, residential real estate 
        containing four or less dwelling units where at least one unit 
        is homesteaded, or agricultural property, the foreclosing 
        mortgagee or the purchaser at foreclosure sale may at any time 
        bring an action in the district court of the county in which the 
        mortgaged premises or any part thereof is located for the 
        appointment of a receiver; provided, however, if the foreclosure 
        is by action under chapter 581, a separate action need not be 
        filed.  Pending trial of the action on the merits, the court may 
        make a temporary appointment of a receiver following the 
        procedures applicable to temporary injunctions under the rules 
        of civil procedure.  If the motion for temporary appointment of 
        a receiver is denied, the trial of the action on the merits 
        shall be held as early as practicable, but not to exceed 30 days 
        after the motion for temporary appointment of a receiver is 
        heard.  The court shall appoint a receiver upon a showing that 
        the mortgagor has breached a covenant contained in the mortgage 
        relating to any of the following: 
           (1) application of tenant security deposits as required by 
        section 504.20 504B.178; 
           (2) payment when due of prior or current real estate taxes 
        or special assessments with respect to the mortgaged premises, 
        or the periodic escrow for the payment of the taxes or special 
        assessments; 
           (3) payment when due of premiums for insurance of the type 
        required by the mortgage, or the periodic escrow for the payment 
        of the premiums; 
           (4) keeping of the covenants required of a lessor landlord 
        or licensor pursuant to section 504.18 504B.161, subdivision 1. 
           The receiver shall be an experienced property manager.  The 
        court shall determine the amount of the bond to be posted by the 
        receiver. 
           The receiver shall collect the rents, profits and all other 
        income of any kind, manage the mortgaged premises so to prevent 
        waste, execute leases within or beyond the period of the 
        receivership if approved by the court, pay the expenses listed 
        in clauses (1), (2), and (3) in the priority as numbered, pay 
        all expenses for normal maintenance of the mortgaged premises 
        and perform the terms of any assignment of rents which complies 
        with section 559.17, subdivision 2.  Reasonable fees to the 
        receiver shall be paid prior thereto.  The receiver shall file 
        periodic accountings as the court determines are necessary and a 
        final accounting at the time of discharge. 
           The purchaser at foreclosure sale shall have the right, at 
        any time and without limitation as provided in section 582.03, 
        to advance money to the receiver to pay any or all of the 
        expenses which the receiver should otherwise pay if cash were 
        available from the mortgaged premises.  Sums so advanced, with 
        interest, shall be a part of the sum required to be paid to 
        redeem from the sale.  The sums shall be proved by the affidavit 
        of the purchaser, an agent or attorney, stating the expenses and 
        describing the mortgaged premises.  The affidavit must be filed 
        for record with the county recorder or the registrar of titles, 
        and a copy thereof shall be furnished to the sheriff and the 
        receiver at least ten days before the expiration of the period 
        of redemption. 
           Any sums collected which remain in the possession of the 
        receiver at termination of the receivership shall, in the event 
        the termination of the receivership is due to the reinstatement 
        of the mortgage debt or redemption of the mortgaged premises by 
        the mortgagor, be paid to the mortgagor; and in the event 
        termination of the receivership occurs at the end of the period 
        of redemption without redemption by the mortgagor or any other 
        party entitled to redeem, interest accrued upon the sale price 
        pursuant to section 580.23 or section 581.10 shall be paid to 
        the purchaser at foreclosure sale.  Any net sum remaining shall 
        be paid to the mortgagor, except if the receiver was enforcing 
        an assignment of rents which complies with section 559.17, 
        subdivision 2, in which case any net sum remaining shall be paid 
        pursuant to the terms of the assignment. 
           This subdivision shall apply to all mortgages executed on 
        or after August 1, 1977, and to amendments or modifications of 
        such mortgages, and to amendments or modifications made on or 
        after August 1, 1977, to mortgages executed before August 1, 
        1977, if the amendment or modification is duly recorded and is 
        for the principal purpose of curing a default. 
           Sec. 33.  Minnesota Statutes 1998, section 609.33, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PRETRIAL RELEASE.] When a person is charged 
        under this section with owning or leasing a disorderly house, 
        the court may require as a condition of pretrial release that 
        the defendant bring an unlawful detainer action against a lessee 
        who has violated the covenant not to allow drugs established by 
        section 504.181 504B.171. 
           Sec. 34.  Minnesota Statutes 1998, section 609.5317, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RENTAL PROPERTY.] (a) When contraband or a 
        controlled substance manufactured, distributed, or acquired in 
        violation of chapter 152 is seized on residential rental 
        property incident to a lawful search or arrest, the county 
        attorney shall give the notice required by this subdivision to 
        (1) the landlord of the property or the fee owner identified in 
        the records of the county assessor, and (2) the agent authorized 
        by the owner to accept service pursuant to section 504.22 
        504B.181.  The notice is not required during an ongoing 
        investigation.  The notice shall state what has been seized and 
        specify the applicable duties and penalties under this 
        subdivision.  The notice shall state that the landlord who 
        chooses to assign the right to bring an unlawful detainer action 
        retains all rights and duties, including removal of a tenant's 
        personal property following issuance of the writ of restitution 
        and delivery of the writ to the sheriff for execution.  The 
        notice shall also state that the landlord may contact the county 
        attorney if threatened by the tenant.  Notice shall be sent by 
        certified letter, return receipt requested, within 30 days of 
        the seizure.  If receipt is not returned, notice shall be given 
        in the manner provided by law for service of summons in a civil 
        action. 
           (b) Within 15 days after notice of the first occurrence, 
        the landlord shall bring, or assign to the county attorney of 
        the county in which the real property is located, the right to 
        bring an unlawful detainer action against the tenant.  The 
        assignment must be in writing on a form prepared by the county 
        attorney.  Should the landlord choose to assign the right to 
        bring an unlawful detainer action, the assignment shall be 
        limited to those rights and duties up to and including delivery 
        of the writ of restitution to the sheriff for execution. 
           (c) Upon notice of a second occurrence on any residential 
        rental property owned by the same landlord in the same county 
        and involving the same tenant, and within one year after notice 
        of the first occurrence, the property is subject to forfeiture 
        under sections 609.531, 609.5311, 609.5313, and 609.5315, unless 
        an unlawful detainer action has been commenced as provided in 
        paragraph (b) or the right to bring an unlawful detainer action 
        was assigned to the county attorney as provided in paragraph 
        (b).  If the right has been assigned and not previously 
        exercised, or if the county attorney requests an assignment and 
        the landlord makes an assignment, the county attorney may bring 
        an unlawful detainer action rather than an action for forfeiture.
           Sec. 35.  [INSTRUCTION TO REVISOR.] 
           The revisor shall make the following changes in Minnesota 
        Rules: 
           (1) in Minnesota Rules, part 4658.0192, change "566" to 
        "504B"; 
           (2) in Minnesota Rules, part 4900.2901, change "566.29" to 
        "504B.445"; 
           (3) in Minnesota Rules, part 4900.2902, subpart 1, change 
        "566.25 or 566.34" to "504B.425 or 504B.385" and "566.29" to 
        "504B.445"; and 
           (4) in Minnesota Rules, part 4900.2902, subpart 15, change 
        "566.25, clause (c)" to "504B.425, paragraph (d)." 
           Sec. 36.  [EFFECTIVE DATE.] 
           This article is effective July 1, 1999. 
           Presented to the governor May 21, 1999 
           Signed by the governor May 24, 1999, 9:54 a.m.

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