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