A bill for an act
relating to housing; amending provisions related to residential housing evictions;
amending summons and complaint provisions related to residential housing
evictions; amending Minnesota Statutes 2022, sections 504B.001, subdivision 4;
504B.285, subdivision 5; 504B.291, subdivision 1; 504B.321; 504B.331; 504B.335;
504B.345, subdivision 1, by adding a subdivision; 504B.361, subdivision 1;
504B.365, subdivision 1; 504B.371, subdivisions 3, 4, 5, 7; repealing Minnesota
Statutes 2022, section 504B.341.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 504B.001, subdivision 4, is amended to read:
"Evict" or "eviction" means a deleted text begin summarydeleted text end 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.
Minnesota Statutes 2022, section 504B.285, subdivision 5, is amended to read:
(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.
deleted text begin
(b) In cases where rent is outstanding, a tenant is not required to pay into court the
amount of rent in arrears, interest, and costs as required under section 504B.291 to defend
against an allegation by the landlord that the tenant has committed a material violation of
the lease.
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deleted text begin (c)deleted text end new text begin (b)new text end 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 deleted text begin sevendeleted text end new text begin 15new text end days of
additional time to pay any rent determined by the court to be due. deleted text begin 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.
deleted text end
Minnesota Statutes 2022, section 504B.291, subdivision 1, is amended to read:
(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. There is a rebuttable presumption
that the rent has been paid if the tenant produces a copy or copies of one or more money
orders or produces one or more original receipt stubs evidencing the purchase of a money
order, if the documents: (i) total the amount of the rent; (ii) include a date or dates
approximately corresponding with the date rent was due; and (iii) in the case of copies of
money orders, are made payable to the landlord. This presumption is rebutted if the landlord
produces a business record that shows that the tenant has not paid the rent. The landlord is
not precluded from introducing other evidence that rebuts this presumption. In such an
action, unless the landlord has also sought to evict the tenant by alleging a material violation
of the lease under section 504B.285, subdivision 5, the tenant maydeleted text begin , at any time before
possession has been delivered,deleted text end 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 leasenew text begin within 15 business daysnew text end .
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(b) If the tenant has paid to the landlord or brought into court the amount of rent in
arrears but is unable to pay the interest, costs of the action, and attorney's fees required by
paragraph (a), the court may permit the tenant to pay these amounts into court and be restored
to possession within the same period of time, if any, for which the court stays the issuance
of the order to vacate under section 504B.345.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Prior to or after commencement of an action to recover possession for nonpayment
of rent, the parties may agree only in writing that partial payment of rent in arrears which
is accepted by the landlord prior to issuance of the order granting restitution of the premises
pursuant to section 504B.345 may be applied to the balance due and does not waive the
landlord's action to recover possession of the premises for nonpayment of rent.
deleted text begin (d)deleted text end new text begin (c)new text end 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.
Minnesota Statutes 2022, section 504B.321, is amended to read:
(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.
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(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.
deleted text end
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(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 subdivision 2.
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(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.
deleted text end
(a) In an eviction action brought under section 504B.171
deleted text begin 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 propertydeleted text end , 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.new text begin In determining whether there are sufficient supporting facts,
the court shall not consider whether there are other separate allegations of owed rent, breach
of the lease, or holding over the unit under section 504B.285. The court may only consider
facts and instances under section 504B.171. The court must consider whether the allegations
as stated in the complaint present the threat of an ongoing violation of section 504B.171.
If the allegations do not present a threat of an ongoing violation of section 504B.171, the
court shall deny the request for an expedited hearing.
new text end
(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.
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(e) The court may only consider allegations under section 504B.171 during an expedited
hearing. The court may not consolidate claims heard under the expedited procedure with
any additional claims, including but not limited to breach of lease, holding over under section
504B.285, or nonpayment of rent under section 504B.291.
new text end
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The person bringing a complaint under this section
must:
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(1) attach the current written lease, or most recent written lease in existence, and any
relevant lease addenda;
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(2) if alleging nonpayment of rent, attach a detailed ledger or accounting of the amount
owed at the time of filing;
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(3) if alleging a breach of lease, identify the clause of the lease which is the basis of the
allegation, the nature of the conduct constituting the alleged breach of lease, the dates on
which the alleged conduct took place, and the clause granting the right to evict based on
the alleged conduct;
new text end
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(4) if alleging a violation of section 504B.171, specify the nature of the conduct
constituting the alleged violation and the dates on which the alleged conduct took place;
new text end
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(5) if alleging a violation of section 504B.285, subdivision 1, attach a copy of any notice
to vacate or notice to quit; and
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(6) state in the complaint whether the tenancy is affected by a federal or state housing
subsidy program through project-based federal assistance payments; the Section 8 program;
as defined in section 469.002, subdivision 24; the low-income housing tax credit program;
or any other similar program, and include the name of the agency that administers the
housing subsidy program.
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