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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 /> (d) If the violation is a violation as defined in section 566.18, subdivision 6, clause (a), be <br /> accompanied by a copy of the official report of inspection by any department of health, <br /> housing or buildings, certified by the custodian of records of that department stating <br /> 1. when and by whom the building concerned was inspected, <br /> 2. what code violation were recorded, and <br /> 3. that notice of the code violations has been given to the building owner; or <br /> (e) If the violation is a violation as defined in section 566.18, subdivision 6, clause (a), be <br /> accompanied by a statement that a request for inspection was made to the appropriate state <br /> P Y q P state, <br /> county or municipal department and demand made upon the owner to correct the alleged <br /> code violation and that a reasonable period of time has elapsed since the demand or request <br /> was made. <br /> 566.205 <br /> Emergency Relief Proceeding <br /> 1. Petition. A person authorized to bring an action under section 566.20 may petition the court <br /> for relief in cases of emergency involving the loss of running water, hot water, heat, <br /> electricity, sanitary facilities, or other essential services or facilities that the owner is <br /> responsible for providing. <br /> 2. Venue. The venue of the action is within the county where the building alleged to contain <br /> the emergency condition is located. <br /> 3. Petition information. The petitioner shall present a verified petition to the district court <br /> that states the following: <br /> 1. a description of the premises and the identity of the owner; <br /> 2. a statement of the facts and grounds that demonstrate the existence of an emergency <br /> caused by the loss of essential services or facilities; and <br /> 3. a request for relief. <br /> 4. Notice. The petitioner shall attempt to notify the owner, at least 24 hours before application <br /> to the court, of the petitioner's intent to seek emergency relief. An order may be granted <br /> without notice to the owner on finding that reasonable efforts, as set forth in the petition or <br /> by separate affidavit, were made to notify the owner but that the efforts were unsuccessful. <br /> 5. Relief; service of order.The court may order relief as provided in section 566.25. The <br /> petitioner shall serve the order on the owner personally or by mail as soon as practicable. <br /> 6. Limitation. The tenant remedy under this section does not extend to emergencies which are <br /> the result of the deliberate or negligent act or omission of a tenant or anyone acting under <br /> the direction or control of the tenant. <br /> 7. Effect of other laws. The requirement of section 566.19 do not apply to a petition for <br /> emergency relief under this section. <br /> 566.21 <br /> Summons <br /> 1. Upon receipt of the complaint, the court administrator shall prepare a summons. Said <br /> summons shall: <br /> (a) Specify the time and place of the hearing to be held on the complaint, which hearing <br /> shall be not less than five or more than ten days after receipt of the complaint by the court <br /> administrator; and <br /> (b) State that if at that time a defense is not interposed and established by the defendant, <br /> judgment may be entered for the relief requested and authorized by Laws 1973, chapter 611. <br /> 2. The summons and complaint shall be served upon the owner or the owner's agent at least <br /> five and not more than ten days before the time at which the complaint is to be heard. <br /> Service shall be by personal service upon the defendant pursuant to the Minnesota rules of <br /> civil procedure except that if such service cannot be made with due diligence, service may <br /> be made by affixing a copy of the summons and complaint prominently to the building <br /> involved, and mailing at the same time a copy of the summons and complaint by certified <br /> mail to the last known address of the defendant. <br /> 566.22 <br /> Answer <br /> 11 of 17 10/26/99 2:52 PM <br />
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