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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 /> violations found by the court to exist at the time of judgment have been remedied; or <br /> (b) An order pursuant to section 566.29, subdivision 5. <br /> 2. Upon the occurrence of any of the conditions for termination in subdivision 1, the <br /> administrator shall: <br /> (a) Submit to the court an accounting of receipts and disbursements of the administration <br /> together with copies of all bills, receipts and other memoranda pertaining to all transactions <br /> reflected therein, and, where appropriate, a certification, by an appropriate governmental <br /> agency, that the violations found by the court to exist at the time of judgment have been <br /> remedied; and <br /> (b) Comply with any other order the court shall make as a condition of discharge. <br /> 3. Upon approval by the court of the administrator's accounts and compliance by the <br /> administrator with any other order the court may make as a condition of discharge, the court <br /> shall discharge the administrator from any further responsibilities pursuant to Laws 1973, <br /> chapter 611. <br /> 566.32 <br /> Waiver Prohibited <br /> Any provision, whether oral or written, of any lease or other agreement whereby any provision of <br /> Laws 1973, chapter 611 is waived by a tenant shall be deemed contrary to public policy and void. <br /> 566.33 <br /> Purpose to Provide Additional Remedies <br /> The purpose of Laws 1973, chapter 611, is to provide additional remedies and nothing herein <br /> contained shall alter the ultimate financial liability of the owner or tenant for repairs of <br /> maintenance of the building. <br /> 566.34 <br /> Escrow of Rent to Remedy Violations <br /> 1. Definitions. The definitions in section 566.18 apply to this section. <br /> 2. Escrow of rent. If a violation exists in a building, a tenant may deposit the amount of rent <br /> due to the owner with the court administrator using the following procedure: <br /> (a) For a violation of section 566.18, subdivision 6, clause (a), the tenant may deposit with <br /> the court administrator the rent due the owner along with a copy of the written notice of the <br /> code violation as provided in section 566.19, subdivision 2. The tenant may not deposit the <br /> rent or file the written notice of the code violation until the time granted to make repairs has <br /> expired without satisfactory repairs being made, unless the tenant alleged that the time <br /> granted is excessive. <br /> (b) For a violation of section 566.18, subdivision 6, clause (b) or f), the tenant must give <br /> written notice to the owner specifying the violation. The notice must be delivered personally <br /> or sent to the person or place where rent is normally paid. If the violation is not corrected <br /> within 14 days, the tenant may deposit the amount of rent due to the owner with the court <br /> administrator along with an affidavit specifying the violation. The court must provide a <br /> simplified form affidavit for use under this clause. <br /> (c) The tenant need not deposit rent if none is due to the owner at the time the tenant <br /> otherwise files the notice required by this subdivision. All rent which thereafter becomes <br /> due to the owner prior to the hearing under this section must be deposited with the court <br /> administrator. As long as proceedings are pending under this section, the tenant must pay <br /> rent to the owner or as directed by the court and may not withhold rent to remedy a <br /> violation. <br /> 3. Counterclaim for possession. The owner may file a counterclaim for possession of the <br /> premises in cases where the owner alleges the tenant did not deposit the full amount of rent <br /> with the court administrator. The court must set the date for a hearing on the counterclaim <br /> not less than seven nor more than 14 days from the day of filing the counterclaim. If the rent <br /> escrow hearing and the hearing on the counterclaim for possession cannot be heard on the <br /> same day, the matters must be consolidated and heard on the date scheduled for the hearing <br /> on the counterclaim. The contents of the counterclaim for possession must meet the <br /> 15 of 17 10/26/99 2:52 PM <br />
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