1999-11-10 Packet - Laserfiche WebLink

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Landlord - Tenant Laws of Minnesota, Section 566 htt p:// tenant. net /Other_Areas/Minnesota/566.html At or before the time when the petition is to be heard, the defendant may answer in writing. Defenses not set out in a written answer must be orally pleaded at the hearing prior to the taking of any testimony. No delays in the date of hearing shall be granted to allow time to prepare a written answer or reply except with the consent of all parties. 566.23 Defenses It shall be a sufficient defense that: (a) The violation or violations alleged in the complaint do not in fact exist or that the violation or violations have been removed or remedied; or (b) The violations have been caused by the willful, malicious, negligent or irresponsible conduct of a complaining tenant or anyone under the tenant's direction or control; or (c) Any tenant of the building has unreasonably refused entry to the owner or the owner's agent to a portion of the premises for the purpose of correcting the violation, and the effort to correct was made in good faith. 566.24 Hearing When issues of fact are raised, they shall be tried by the court without a jury at the time when issue is joined. The court may grant a postponement of such trial on its own motion or at the request of any party if it should determine that such postponements are necessary to enable any party to procure necessary witnesses, or evidence, but each postponement shall be for no more than ten days except by consent of all appearing parties. 566.25 .Judgment Upon finding the complaint proved, the court may, in its discretion, do any or all of the following either alone of in combination: (a) Order the owner to remedy the violation of violations found by the court to exist if the court is satisfied that corrective action will be undertaken promptly; or (b) Order the tenant to remedy the violation or violations found by the coral, to exist and deduct the cost from the rent subject to the terms as the court determines to be just; or (c) Appoint an administrator with powers as set out in section 566.29, and (1) direct that rents due: (i) on and from the day of entry of judgment, in the case of petitioning tenants or neighborhood organizations, and (ii) on and from the day of service of the judgment on all other tenants and commercial tenants of the building, if any, shall be deposited with the administrator appointed by the court, and (2) direct that the administrator use the rents collected for the purpose of remedying the violations found to exist by the court paying the debt services, taxes and insurance, and providing the services necessary to the ordinary operation and maintenance of the building which the owner is obligated to provide but fails or refuses to provide; or (d) Find the extent to which any uncorrected violations impair the tenants' use and enjoyment of the premises contracted for and order the rent abated accordingly. Should the court choose to enter judgment under this paragraph the parties shall be informed and the court shall find the amount by which the rent shall be abated; (e) After termination of administration, continue the jurisdiction of the court over the building for a period of one year and order the owner to maintain the building in compliance with all applicable state, county, and city health, safety, housing, building, fire prevention, and housing maintenance codes; and (f) Grant any other relief the court deems just and proper, including a judgment against the owner for reasonable attorney fees, not to exceed $500, in the case of a prevailing tenant or neighborhood organization. The $500 limitation does not apply to awards made under section 549.21 or other specific statutory authority. 12 of 17 10/26/99 2:52 PM