1999-11-10 Packet - Laserfiche WebLink

Home Browse Search

Landlord -Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other_Areas/Minnesota/566.html violations found by the court to exist at the time of judgment have been remedied; or (b) An order pursuant to section 566.29, subdivision 5. 2. Upon the occurrence of any of the conditions for termination in subdivision 1, the administrator shall: (a) Submit to the court an accounting of receipts and disbursements of the administration together with copies of all bills, receipts and other memoranda pertaining to all transactions reflected therein, and, where appropriate, a certification, by an appropriate governmental agency, that the violations found by the court to exist at the time of judgment have been remedied; and (b) Comply with any other order the court shall make as a condition of discharge. 3. Upon approval by the court of the administrator's accounts and compliance by the administrator with any other order the court may make as a condition of discharge, the court shall discharge the administrator from any further responsibilities pursuant to Laws 1973, chapter 611. 566.32 Waiver Prohibited Any provision, whether oral or written, of any lease or other agreement whereby any provision of Laws 1973, chapter 611 is waived by a tenant shall be deemed contrary to public policy and void. 566.33 Purpose to Provide Additional Remedies The purpose of Laws 1973, chapter 611, is to provide additional remedies and nothing herein contained shall alter the ultimate financial liability of the owner or tenant for repairs of maintenance of the building. 566.34 Escrow of Rent to Remedy Violations 1. Definitions. The definitions in section 566.18 apply to this section. 2. Escrow of rent. If a violation exists in a building, a tenant may deposit the amount of rent due to the owner with the court administrator using the following procedure: (a) For a violation of section 566.18, subdivision 6, clause (a), the tenant may deposit with the court administrator the rent due the owner along with a copy of the written notice of the code violation as provided in section 566.19, subdivision 2. The tenant may not deposit the rent or file the written notice of the code violation until the time granted to make repairs has expired without satisfactory repairs being made, unless the tenant alleged that the time granted is excessive. (b) For a violation of section 566.18, subdivision 6, clause (b) or f), the tenant must give written notice to the owner specifying the violation. The notice must be delivered personally or sent to the person or place where rent is normally paid. If the violation is not corrected within 14 days, the tenant may deposit the amount of rent due to the owner with the court administrator along with an affidavit specifying the violation. The court must provide a simplified form affidavit for use under this clause. (c) The tenant need not deposit rent if none is due to the owner at the time the tenant otherwise files the notice required by this subdivision. All rent which thereafter becomes due to the owner prior to the hearing under this section must be deposited with the court administrator. As long as proceedings are pending under this section, the tenant must pay rent to the owner or as directed by the court and may not withhold rent to remedy a violation. 3. Counterclaim for possession. The owner may file a counterclaim for possession of the premises in cases where the owner alleges the tenant did not deposit the full amount of rent with the court administrator. The court must set the date for a hearing on the counterclaim not less than seven nor more than 14 days from the day of filing the counterclaim. If the rent escrow hearing and the hearing on the counterclaim for possession cannot be heard on the same day, the matters must be consolidated and heard on the date scheduled for the hearing on the counterclaim. The contents of the counterclaim for possession must meet the 15 of 17 10/26/99 2:52 PM