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