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Landlord- Tenant Handbook: Other Important Laws http: / /www. tenant. net /Other Areas/Mmnesota/hb4.himl If a tenant has paid the landlord or the court the amount of rent owed, but is unable to pay the interest, costs and attorney's fees (limited to a maximum of $5), the court may permit the tenant to pay these amounts during any time period the court delays issuing a writ or restitution (eviction order). Minn. Stat. §504.02, subd. 1 (1992). If the Unlawful Detainer has been brought because the tenant has not paid the rent, and the landlord wins, the tenant may pay the back rent plus costs and still remain in possession of the unit, provided payment is made before possession of the rental unit is delivered to the landlord. If the Unlawful Detainer has been brought because the tenant has withheld the rent due to disrepair, and the tenant wins, the judge may order that the rent be abated (reduced) in part or completely. It should be understood that only a sheriff or sheriff s deputy can physically evict a tenant. The landlord cannot do this. A "Writ of Restitution" - which is issued at the time the decision is handed down - must be posted on the premises at least 24 hours before the actual eviction. The sheriff can show up to perform the eviction anytime after the 24 hours have expired. Minn. Stat. §566.17, subd. 1 (1992). Storage of Personal Property When the sheriff performs the eviction, the tenant's remaining property must either be stored on the premises or placed in storage in a bonded warehouse or other suitable storage place. Minn. Stat. &566.17, subd. 2 (19921. In cases where the tenant's property will be stored on the premises, the landlord must prepare an inventory that is signed and dated in the presence of a peace officer. A copy of the inventory must be mailed to the tenant at the tenant's last known address, or to an address provided by the tenant. Minn. Stat. 4566.17, subd. (2)(b) (1992). The inventory must include the following: 1. A listing of the items of personal property, and a description of the condition of that property. Minn. Stat. &566.17, subd. (2)(b)(1) (1992). 2. The date, the signature of the landlord, and the name and telephone number of the person authorized to release the property. Minn. Stat. 566.17 subd. (2)(b)(2) (1992). 3. The name and badge number of the peace officer. Minn. Stat. §566.17, subd. (2)(b)(3) (1992). The officer must keep a copy of the inventory. The landlord is responsible for the proper removal, storage and care of the defendant's personal property and is liable for damages to, or loss of, the tenant's personal property if the landlord fails to exercise care in regard to that property. The landlord should notify the tenant of the date and approximate time the officer is scheduled to remove the tenant and his or her personal property from the premises. The notice should be sent by first class mail. The landlord should also make a good faith effort to notify the tenant by telephone, explicitly informing the tenant that the tenant and the tenant's property will be removed from the premises if the tenant has not vacated by the time specified in the notice. Minn. Stat. &566.17, subd. (2)(b) (19921. According to Minnesota law, this provision may not be waived or modified by any oral or written lease or other agreement. Minn. Stat. §566.17. subd. 3 (1992). To Get the Property Back In cases where the tenant's personal property is stored on the premises, the tenant need only contact the landlord in writing to demand return of the property. In cases where the tenant's property is stored away from the premises (at a bonded warehouse or other suitable storage place) the landlord has a lien (legal claim) on the tenant's personal property 2 of 9 10/31/99 7:37 PM