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Landlord- Tenant Handbook: Other Important Laws http: / /www. tenant. net /Other_Areas/Minnesota/hb4.html for the reasonable costs of removing, transporting, and storing the property. The landlord can enforce this lien by keeping the property until the landlord's expenses are paid. Minn. Stat. §566.17, subd. (2)(b) (1992). Regardless of whether the tenant's property is stored on or away from the premises, the tenant, to get the property back, does not have to pay any unpaid rent, security deposit, or late charges. The landlord can sue the tenant in court for these items. Tenants who lose Unlawful Detainer actions, however, do have to pay court costs. Eviction for Manufacture and Sale of Drugs Every oral or written residential lease now includes a promise by the tenant not to make, sell, possess, or allow illegal drugs on the premises. A tenant violating this law loses the right to possess the rental property and the landlord may file to evict the tenant without giving one rental period's notice. Minn. Stat. 6504.181, subd. 1 (1992). If illegal drugs or contraband totaling more than $100 are seized from the property, the landlord, on being notified, Minn. Stat. §609.5317, subd. 4 (1992). has fifteen days to file to evict the tenant, or to assign the county attorney that right. Minn. Stat. §609.5317, subd. (1)(b) (1992). Landlords receiving notice of a second such occurrence involving the same tenant (on any residential rental property owned by the landlord in the same county and happening within one year after notice of the first occurrence) are subject to forfeiture of the property unless they have filed to evict the tenant or have assigned the county attorney that right. Minn. Stat. 6609.5317, subd. (1)(c) (1994 Forfeiture of the property may occur if the value of the controlled substance is $1,000 or more, or there have been two previous controlled substance seizures involving the same tenant. Minn. Stat. 6609.5317, subd. 4 (1992). A tenant has a defense against eviction if the tenant has no knowledge or reason to know about the drugs or contraband, or could not prevent them from being brought onto the premises. Minn. Stat. 6609.5317, subd. 3 (1992). A landlord has a defense if he or she was not notified of the seizure or had made every reasonable attempt to evict a tenant or to assign the county attorney that right. If the property is owned by a parent of the offender, the rental property cannot be forfeited simply based on the owner's knowledge of unlawful drug use (unless the parent actively participated in, or knowingly allowed the unlawful activity, or the rental property was purchased with unlawful drug proceeds.) Minn. Stat. 6609.5317, subd. 3 (1992). Seizure of Property Unlawful sale or possession of illegal drugs or alcohol within a building, repeated seizures of illegal drugs within a building, or repeated arrests for illegal drug offenses within a building are now a public nuisance. Minn. Stat. §617.81 (1992). A city attorney, county attorney, or the attorney general may file an abatement action against the landlord, and if the nuisance is not corrected, ask the court to seize the building. Minn. Stat. §617.83 (1992). 20. RETALIATION A landlord cannot evict a tenant or end a tenancy in retaliation for the tenant's "good faith" attempt to enforce the tenant's rights. Neither can a landlord respond to such an attempt by raising the tenant's rent, cutting services, or otherwise adversely changing the rental terms. If a tenant has, for instance, reported the landlord to a governmental agency for violating health, safety, housing, or building codes, the landlord cannot try to "get even" by evicting the tenant. If a landlord starts an eviction action by giving the tenant a notice to vacate within 90 days after the tenant has tried to enforce the tenant's rights, the law presumes that the landlord is retaliating. It will then be up to the landlord to prove the eviction is not retaliatory. But if the landlord's notice to vacate comes more than 90 days after a tenant exercises his or her rights, it will be up to the 3 of 9 10/31/99 7:37 PM