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Landlord - Tenant Handbook: Other Important Laws http: / /www.tenant.net/Other _Areas /Mhmesota /hb4.html Other Important Laws t4OV 2 9999 18. HOUSING COURTS Housing courts in Ramsey and Hennepin counties hear and decide criminal and civil cases related to residential rental housing. This includes, for example, claims for rent abatement, rent escrow proceedings, eviction actions, and actins for violations of state, county or city housing codes. Housing courts ensure that housing claims are brought before a single, trained referee. This is to encourage consistent decisions and prompt compliance with Minnesota's housing laws. Ramsey and Hennepin County District Courts appoint a referee to hold hearings and make recommended decisions. After the hearing in each case, the referee's recommended findings and orders are sent to the district court judge. These become the findings and orders of the court when confirmed by the district judge. The landlord or tenant can ask the district court judge to review any order or finding recommended by the referee. The person who is requesting the review must file and serve (provide to the other party) a notice of the recommended order or finding. (This must occur within 10 days). This notice must explain the reasons for requesting a review, and state the specific parts of the recommended findings or orders that are disputed. After receiving p g p cerving this notice, a time for the review hearing will be set. And after the hearing, the district court judge will decide whether the accept, reject or change the referee's recommended decisions. Hennepin and Ramsey county landlords and tenants are encouraged to use the housing courts to resolve housing related disputes that they cannot work out themselves. 19. EVICTION Unlawful Detainer Actions With proper written notice, a landlord can end a month -to -month tenancy at any time, for any reason, or for no reason at all, unless the landlord is retaliating ® or discriminating IN against the tenant. Definite term leases can only be ended according to the notice specified in the lease, or if there has been a significant breach of the lease. Landlords cannot forcibly remove their tenants. In order to evict, a landlord must first bring an "unlawful Detainer" action against the tenant. This is a legal proceeding conducted before a district court. To bring such an action, however, the landlord must show cause (have a legitimate reason). According to state law, legitimate reasons can be nonpayment of rent, or other breach of the lease, or cases where the tenant has refused to leave after notice to vacate has been properly served and the tenancy's last day has passed. Minn. Stat. §566.03 (1992). There are a number of steps both landlords and tenants must take in an Unlawful Detainer action: 1. The landlord must file a complaint against the tenant in district court. The landlord must then have someone serve the tenant with a summons (at least seven days before the court date) ordering the tenant to appear in court. Minn. Stat. §566.05 (1992). 2. A court hearing must take place within seven to 14 days after the court issues the summons. At the hearing, both tenant and landlord will be asked to give their respective sides of the story. Minn. Stat. §566.05 (1992). 3. The judge will then deliver a decision. If the judge decides that the tenant has no legal reason for refusing to leave or pay the rent, the judge will order the tenant to vacate and, if necessary, will order the sheriff to force the tenant out. If the tenant can show that immediate eviction will cause substantial hardship, however, the court shall allow the tenant a reasonable period of time - up to one week - in which to move. A tenant may not seek or receive a delay based on hardship if the tenant is causing a nuisance of seriously endangers the safety of other residents, their property, or the landlord's property. Minn. Stat. §566.09, subd. 1 (1992). 1 of 9 10/31/99 7:37 PM