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