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Landlord- Tenant Laws of Minnesota, Section 566 http: / /tenant.net/Other _Areas /Minnesota/566.html good faith effort to notify the defendant by telephone. The notice must be mailed as soon as the information regarding the date and approximate time the officer is scheduled to enforce the writ is known to the plaintiff, except that the scheduling of the peace officer to enforce the writ need not be delayed because of the notice requirement. The notice must inform the defendant that the defendant and the defendant's property will be removed from the premises if the defendant has not vacated the premises by the time specified in the notice. 2a In the second and fourth judicial districts, the housing calendar consolidation project shall retain jurisdiction in matters relating to removal of property under this section. If the plaintiff refuses to return the property after proper demand is made as provided in section 504.24, the court shall enter an order requiring the plaintiff to retum the property to the defendant and awarding reasonable expenses including attorney fees to the defendant. 3. Penalty; waiver prohibited. Unless the premises have been abandoned, a plaintiff, agent, or other person acting under the plaintiffs direction or control who enters the premises and removes the defendant's property in violation of this section is guilty of wrongful ouster under section 504.255 and is subject to penalty under section 504.25. The provisions of this section may not be waived or modified by any oral or written agreement. 566.175 Unlawful Removal or Exclusion; Recovery of Possession 1. Unlawful exclusion or removal. For purposes of this section, "unlawfully removed or excluded" means actual or constructive removal or exclusion. Actual or constructive removal or exclusion may include the termination of utilities, or the removal of doors, windows, or locks. Any tenant who is unlawfully removed or excluded from lands or tenements which are demised or let to the tenant may recover possession of the premises in the fallowing manner: (a) The tenant shall present a verified petition to the county or municipal court of the county in which the premises are located, which petition shall: (1) describe the premises of which possession is claimed and the owner, as defined in section 566.18, subdivision 3, of the premises; (2) specifically state the facts and grounds that demonstrate the removal or exclusion was unlawful including a statement that no judgment and writ of restitution have been issued under section 566.09 in favor of the owner and against the petitioner as to the premises and executed in accordance with section 566.17; and (3) as for possession thereof. (b) If it clearly appears from the specific grounds and facts stated in the verified petition or by separate affidavit of petitioner or the petitioner's counsel or agent that the removal or exclusion was unlawful, the court shall immediately order that petitioner have possession of the premises. (c) The petitioner shall furnish monetary or other security if any as the court deems appropriate under the circumstances for payment of all costs and damages the defendant may sustain if the order is subsequently found to have been obtained wrongfully. In determining the appropriateness of any security the court shall consider petitioner's ability to afford monetary security. (d) The court shall direct the order to the sheriff or any constable of the county in which the premises is located and the sheriff or constable shall execute the order immediately by making a demand upon the defendant, if found, or the defendant's agent or other person in charge of the premises, for possession of the premises. If the defendant fails to comply with the demand, the officer shall take whatever assistance may be necessary and immediately place the petitioner in ossession of the premises. If the defendant or the defendant's agent P P g or other person in control of the premises cannot be found and if there is no person in charge of the premises detained so that no demand can be made, the officer shall immediately enter in possession of the premises and place the petitioner in possession of the premises. The officer shall also serve the order and verified petition or affidavit without delay upon the defendant or agent, in the same manner as a summons is required to be served in a civil action in district court. 2. The defendant by written motion and notice served by mail or personally upon petitioner or 8 of 17 10/26/99 2:52 PM