1999-11-10 Packet - Laserfiche WebLink

Home Browse Search

Landlord- Tenant Laws of Minnesota, Section 566 htt p:// tenant. net /Other_Areas/Minnesota/566.html 566.17 Execution of the Writ of Restitution 1 General. The officer holding the writ of restitution shall execute the same by making a demand upon defendant if found in the county or any adult member of the defendant's family holding possession of the premises, or other person in charge thereof, for the possession of the same, and that the defendant leave, taking family and all personal property from such premises within 24 hours after such demand. If defendant fails to comply with the demand, then the officer shall bring, if necessary, the force of the county and whatever assistance may be necessary, at the cost of the complaintant, remove the said defendant, family and all personal property from said permises detained, immediately and place the plaintiff in possession thereof. In case defendant cannot be found in the county, and there is no person in charge of the premises detained, so that no demand can be made upon the defendant, then the officer shall enter into possession of the premises, breaking in if necessary, and the property of the defendant shall be removed and stored at a place designated by the plaintiff as provided under subdivision 2. la. Priority; execution of drug related writ. An officer shall give priority to the execution, under this section, of any writ of restitution that is based on an unlawful detainer action under section 504.181, or on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property. 2. Removal and storage of property. (a) In cases where the defendant's personal property is to be stored in a place other than the premises, the officer shall remove all property of the defendant at the expense of the plaintiff. The plaintiff shall have a lien upon all of the goods upon the premises for the reasonable costs and expenses incurred for removing the personal property and for the proper caring and storing the same, and the costs of transportation of the same to some suitable place of storage, in case defendant shall fail or refuse to make immediate payment for all the expenses of such removal from the premises and plaintiff shall have the right to enforce such lien by detaining the same until paid, and, in case of nonpayment for 60 days after the execution of the writ, shall have the right to enforce the lien and foreclose the same by public sale as provided for in case of sales under sections 514.18 to 514.22. (b) In cases where the defendant's property is to be stored on the premises, the officer shall enter the premises, breaking in if necessary, and the plaintiff may remove the defendant's personal property. The provisions of section 504.24 apply to property removed under this paragraph. The plaintiff must prepare an inventory and mail a copy of the inventory to the defendant's last known address or, if the defendant has provided a different address, to the address provided by the defendant. The inventory must be prepared, signed, and dated in the presence of the peace officer. The inventory must include the following: 1. a listing of the items of personal property and a description of the condition of the property; 2. the date; the signature of the plaintiff or the plaintiffs agent, and the name and telephone number of a person authorized to release the personal property; and 3. the name and badge number of the peace officer. The peace officer shall retain a copy of the inventory. The plaintiff is responsible for the proper removal, storage, and care of the defendant's personal property and is liable for damages for loss or injury to the defendant's personal property caused by the plaintiffs failure to exercise care in regard to it as a reasonably careful person would exercise under like circumstances. The plaintiff shall notify the defendant of the date and approximate time the officer is scheduled to remove the defendant, family, and the defendant's personal property from the premises. The notice must be sent by first -class mail. In addition, the plaintiff must make a 7 of 17 10/26/99 2:52 PM