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1999-11-10 Packet
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1999-11-10 Packet
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Landlord- Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other Areas/Minnesota/566.html <br /> 11566.35 iffiolations of building repair orders. �I <br /> 566.01 <br /> Forcible Entry and Unlawful Detainer <br /> No person shall make entry into lands or tenements except in cases where entry is allowed by law, <br /> and in such cases the person shall not enter by force, but only in a peaceable manner. <br /> 566.02 <br /> Unlawful Detention of Lands or Tenements Subject to Fine <br /> When any person has made unlawful or forcible entry into lands or tenements, and detains the <br /> same, or, having peacably entered, unlawfully detains the same, the person entitled to the premises <br /> may recover possession thereof in the manner hereinafter provided. A seizure under section <br /> 609.5317, subdivision I, for which there is not a defense under section 609.5317, subdivision 3, <br /> constitutes unlawful detention by the tenant. <br /> 566.021 <br /> Notice of Seizure Provision <br /> Landlords shall give written notice to tenants of the provision relating to seizures in section <br /> 566.02. Failure to give such notice does not subject the landlord to criminal or civil liability and is <br /> not a defense under section 609.5317, subdivision 3. <br /> 566.03 <br /> Recovery of Possession; Defenses <br /> 1. The person entitled to the premises may recover possession in the manner provided in this <br /> section when: <br /> 1. any person holds over lands or tenements after a sale thereof on an execution of <br /> judgment, of on foreclosure of a mortgage, and expiration of the time for redemption, <br /> or after termination of contract to convey the same, provided that if the person <br /> holding such lands or tenements after the expiration of the time for redemption or <br /> termination is a tenant, the person has received: <br /> (i) at least one month's written notice to vacate no sooner than one month after the <br /> expiration of the time for redemption or termination, provided that the tenant pays the <br /> rent and abides by all terms of the lease; or <br /> (ii) at least one month's written notice to vacate no later than the date of the expiration <br /> of the time for redemption or termination, which notice shall also state that the sender <br /> will hold the tenant harmless for breaching the lease by vacating the premises if the <br /> mortgage is redeemed or the contract is reinstated; <br /> 2. any person holds over lands or tenements after termination of the time for which they <br /> are demised or let to that person or to the persons under whom that person holds <br /> possession, or contrary to the conditions or covenants of the lease or agreement under <br /> which that person holds, or after any rent becomes due according to the terms of such <br /> lease or agreement; or <br /> 3. any tenant at will holds after the determination of the estate by notice to quit. <br /> 2. It shall be a defense to an action for recovery of premises following the alleged termination <br /> of a tenancy by notice to quit for the defendant to prove by a fair prepoderance of the <br /> evidence that: <br /> 1. The alleged termination was intended in whole or part as a penalty for the defendant's <br /> good faith attempt to secure or enforce rights under a lease or contract, oral or written, <br /> or under the laws of the state, any of its governmental subdivisions, or of the United <br /> States; or <br /> 2. The alleged termination was intended in whole or part as a penalty for the defendant's <br /> good faith report to a governmental authority of the plaintiffs violation of any health, <br /> safety, housing or building codes or ordinances. <br /> 2 of 17 10/26/99 2:52 PM <br />
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