Bill Text: MN HF859 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Landlords and tenants; victims of violence remedies established, and housing opportunities made equitable pilot project established.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Passed) 2014-05-02 - Secretary of State Chapter 188 05/01/14 [HF859 Detail]
Download: Minnesota-2013-HF859-Introduced.html
Bill Title: Landlords and tenants; victims of violence remedies established, and housing opportunities made equitable pilot project established.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Passed) 2014-05-02 - Secretary of State Chapter 188 05/01/14 [HF859 Detail]
Download: Minnesota-2013-HF859-Introduced.html
1.2relating to housing; landlord and tenant; creating additional remedies for victims
1.3of violence;amending Minnesota Statutes 2012, sections 484.014, by adding a
1.4subdivision; 504B.001, by adding subdivisions; 504B.165; 504B.178, subdivision
1.57; 504B.206, subdivisions 1, 3, by adding a subdivision; 504B.241, by adding
1.6a subdivision; 504B.285, subdivision 1; 504B.291, subdivision 1; 504B.321,
1.7subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 504B.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 484.014, is amended by adding a
1.10subdivision to read:
1.11 Subd. 4. Violence. The court shall order the expungement of an eviction case
1.12commenced under section 504B.285, subdivision 1, or 504B.291, subdivision 1, if the
1.13court finds that the defendant is a victim, as defined in section 504B.001, subdivision 13a,
1.14and that the breach of lease or nonpayment of rent resulted from an incident of any form
1.15of violence listed in section 504B.001, subdivision 13a.
1.16 Sec. 2. Minnesota Statutes 2012, section 504B.001, is amended by adding a
1.17subdivision to read:
1.18 Subd. 10a. Personally identifying information. "Personally identifying
1.19information" means information about an individual that could reveal the location of a
1.20victim, including, but not limited to:
1.21(1) first or last name;
1.22(2) home or other physical address, including a post office box;
1.23(3) telephone or facsimile number;
1.24(4) e-mail or Internet protocol address;
2.1(5) Social Security number;
2.2(6) date of birth;
2.3(7) race or ethnicity;
2.4(8) religious affiliation; or
2.5(9) any other information that identifies the individual as a victim.
2.6 Sec. 3. Minnesota Statutes 2012, section 504B.001, is amended by adding a
2.7subdivision to read:
2.8 Subd. 10b. Qualifying document. "Qualifying document" means a document
2.9stating that the tenant or the tenant's family or household member is a victim and naming
2.10the perpetrator, if known, which is signed by a court official, law enforcement official,
2.11licensed health care professional, clergy member, or victim's advocate or service provider.
2.12 Sec. 4. Minnesota Statutes 2012, section 504B.001, is amended by adding a
2.13subdivision to read:
2.14 Subd. 13a. Victim. "Victim" means a person or the person's family or household
2.15member who has been subjected by another, regardless of the relationship between the
2.16perpetrator of violence and the victim of violence, to:
2.17(1) physical harm, bodily injury, or assault;
2.18(2) the infliction of fear of imminent physical harm, bodily injury, or assault;
2.19(3) terroristic threats, within the meaning of section 609.713, subdivision 1;
2.20(4) interference with an emergency call within the meaning of section 609.78,
2.21subdivision 2;
2.22(5) criminal sexual conduct, within the meaning of section 609.342, 609.343,
2.23609.344, 609.345, or 609.3451; or
2.24(6) stalking, as defined in section 609.749, subdivision 1.
2.25 Sec. 5. Minnesota Statutes 2012, section 504B.165, is amended to read:
2.26504B.165 UNLAWFUL DESTRUCTION; DAMAGES.
2.27(a) An action may be brought for willful and malicious destruction of leased
2.28residential rental property. The prevailing party may recover actual damages, costs, and
2.29reasonable attorney fees, as well as other equitable relief as determined by the court.
2.30 Damage to residential leased property resulting from an incident of violence is not willful
2.31and malicious destruction by the victim, as defined in section 504B.001, subdivision 13a.
2.32(b) The remedies provided in this section are in addition to and shall not limit other
2.33rights or remedies available to landlords and tenants. Any provision, whether oral or
3.1written, of any lease or other agreement, whereby any provision of this section is waived
3.2by a tenant, is contrary to public policy and void.
3.3 Sec. 6. Minnesota Statutes 2012, section 504B.178, subdivision 7, is amended to read:
3.4 Subd. 7. Bad faith retention. The bad faith retention by a landlord of a deposit,
3.5the interest thereon, or any portion thereof, in violation of this section shall subject
3.6the landlord to punitive damages not to exceed $500 for each deposit in addition to
3.7the damages provided in subdivision 4. If the landlord has failed to comply with the
3.8provisions of subdivision 3 or 5, retention of a deposit shall be presumed to be in bad
3.9faith unless the landlord returns the deposit within two weeks after the commencement
3.10of any action for the recovery of the deposit. The retention of a landlord of any portion
3.11of a deposit of a victim for damage caused as a result of an incident of violence against
3.12the victim is presumed to be in bad faith.
3.13 Sec. 7. Minnesota Statutes 2012, section 504B.206, subdivision 1, is amended to read:
3.14 Subdivision 1. Right to terminate; procedure. (a) A tenant to a residential lease
3.15who is a victimof domestic abuse and who fears imminent domestic abuse against the
3.16tenant or the tenant's minor children violence if the tenant or the tenant's minor children
3.17remain victim remains in the leased premises may terminate a lease agreement without
3.18penalty or liability as provided in this section. The tenant must provide advance written
3.19notice to the landlord stating that:
3.20 (1) thetenant victim fears imminent domestic abuse violence from a person named
3.21in an order for protection or no contact order;
3.22 (2) the tenant needs to terminate the tenancy; and
3.23 (3) the specific date the tenancy will terminate.
3.24 (b) The written notice must be delivered before the termination of the tenancy by
3.25mail, fax, or in person, and be accompanied by the order for protection or no contact
3.26order, or qualifying document.
3.27 (c) For purposes of this section, an order for protection means an order issued under
3.28chapter 518B. A no contact order means a no contact order currently in effect, issued
3.29under section629.75 or chapter 609.
3.30 Sec. 8. Minnesota Statutes 2012, section 504B.206, subdivision 3, is amended to read:
3.31 Subd. 3. Liability for rent; termination of tenancy. (a) A tenant terminating a
3.32lease under subdivision 1 is responsible for the rent payment for the full month in which
3.33the tenancy terminatesand an additional amount equal to one month's rent. The tenant
4.1 forfeits all claims for the return of the security deposit under section 504B.178 and is
4.2relieved of any other contractual obligation for payment of rent or any other charges for
4.3the remaining term of the lease, except as provided in this section.
4.4 (b) This section does not affect a tenant's liability for delinquent, unpaid rent or
4.5other amounts owed to the landlord before the lease was terminated by the tenant under
4.6this section.
4.7 (c) The tenancy terminates, including the right of possession of the premises, on the
4.8termination date stated in the notice under subdivision 1.The amount equal to one month's
4.9rent must be paid on or before the termination of the tenancy for the tenant to be relieved of
4.10the contractual obligations for the remaining term of the lease as provided in this section.
4.11 (d) For purposes of this section, the provisions of section504B.178 are triggered
4.12as follows:
4.13 (1) if the only tenant is the tenant who is the victim of domestic abuse and the
4.14tenant's minor children, if any, upon the first day of the month following the later of:
4.15 (i) the date the tenant vacates the premises; or
4.16 (ii) the termination of the tenancy indicated in the written notice under subdivision
4.171; or
4.18 (2) if there are additional tenants bound by the lease, upon the expiration of the lease.
4.19 Sec. 9. Minnesota Statutes 2012, section 504B.206, is amended by adding a
4.20subdivision to read:
4.21 Subd. 7. Conflict with other law. If a federal statute, regulation, or handbook
4.22permitting termination of a residential tenancy subsidized under a federal program
4.23conflicts with any provision of this section, then the landlord shall comply with the federal
4.24statute, regulation, or handbook.
4.25 Sec. 10. Minnesota Statutes 2012, section 504B.241, is amended by adding a
4.26subdivision to read:
4.27 Subd. 6. Disclosure of information related to an incidence of violence.
4.28Notwithstanding any other provision of law, a residential tenant screening service may
4.29not disclose to any person, other than the tenant who is a victim, any rental history that
4.30contains personally identifying information when the rental history is related in any way to
4.31one or more incidents of any form of violence listed in section 504B.001, subdivision 13a.
4.32 Sec. 11. [504B.243] USE OF INFORMATION RELATED TO VICTIMS OF
4.33VIOLENCE.
5.1Information in a residential tenant file related to incidents of violence in which the
5.2applicant or the applicant's family or household member, or tenant or the tenant's family or
5.3household member, is the victim as defined in section 504B.001, subdivision 13a, may
5.4not be used as a basis for denying an application, continued tenancy, or a renewal of a
5.5lease to an applicant or tenant. "Family or household member" has the meaning given in
5.6section 518B.01, subdivision 2.
5.7 Sec. 12. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to read:
5.8 Subdivision 1. Grounds. (a) The person entitled to the premises may recover
5.9possession by eviction when:
5.10(1) any person holds over real property:
5.11(i) after a sale of the property on an execution or judgment; or
5.12(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
5.13after termination of contract to convey the property;
5.14(2) any person holds over real property after termination of the time for which it is
5.15demised or leased to that person or to the persons under whom that person holds possession,
5.16contrary to the conditions or covenants of the lease or agreement under which that person
5.17holds, or after any rent becomes due according to the terms of such lease or agreement; or
5.18(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
5.19(b) A landlord may not commence an action for eviction against a victim for a
5.20breach of lease when the breach results from an incident of violence against the victim.
5.21(c) A landlord may commence an action for eviction against a lawful tenant who
5.22has engaged in violence against a cotenant who is a victim and continue the tenancy
5.23of the victim.
5.24 Sec. 13. Minnesota Statutes 2012, section 504B.291, subdivision 1, is amended to read:
5.25 Subdivision 1. Action to recover. (a) A landlord may bring an eviction action for
5.26nonpayment of rent irrespective of whether the lease contains a right of reentry clause.
5.27Such an eviction action is equivalent to a demand for the rent. There is a rebuttable
5.28presumption that the rent has been paid if the tenant produces a copy or copies of one
5.29or more money orders or produces one or more original receipt stubs evidencing the
5.30purchase of a money order, if the documents: (i) total the amount of the rent; (ii) include
5.31a date or dates approximately corresponding with the date rent was due; and (iii) in the
5.32case of copies of money orders, are made payable to the landlord. This presumption is
5.33rebutted if the landlord produces a business record that shows that the tenant has not paid
5.34the rent. The landlord is not precluded from introducing other evidence that rebuts this
6.1presumption. In such an action, unless the landlord has also sought to evict the tenant by
6.2alleging a material violation of the lease under section504B.285, subdivision 5 , the tenant
6.3may, at any time before possession has been delivered, redeem the tenancy and be restored
6.4to possession by paying to the landlord or bringing to court the amount of the rent that is
6.5in arrears, with interest, costs of the action, and an attorney's fee not to exceed $5, and by
6.6performing any other covenants of the lease.
6.7(b) If the tenant has paid to the landlord or brought into court the amount of rent in
6.8arrears but is unable to pay the interest, costs of the action, and attorney's fees required
6.9by paragraph (a), the court may permit the tenant to pay these amounts into court and be
6.10restored to possession within the same period of time, if any, for which the court stays the
6.11issuance of the order to vacate under section504B.345 .
6.12(c) Prior to or after commencement of an action to recover possession for nonpayment
6.13of rent, the parties may agree only in writing that partial payment of rent in arrears
6.14which is accepted by the landlord prior to issuance of the order granting restitution of the
6.15premises pursuant to section504B.345 may be applied to the balance due and does not
6.16waive the landlord's action to recover possession of the premises for nonpayment of rent.
6.17(d) Rental payments under this subdivision must first be applied to rent claimed as
6.18due in the complaint from prior rental periods before applying any payment toward rent
6.19claimed in the complaint for the current rental period, unless the court finds that under the
6.20circumstances the claim for rent from prior rental periods has been waived.
6.21(e) In an eviction action for nonpayment of rent, the court shall enter an order
6.22providing for repayment of the unpaid rent within 90 days or repayment on terms agreed
6.23to by the parties, whichever is longer, if:
6.24(1) the court finds rent has not been paid;
6.25(2) the tenant is the victim; and
6.26(3) nonpayment is the result of the incident of violence against the victim.
6.27If the agreement is breached, judgment for the remaining balance shall be entered.
6.28 Sec. 14. Minnesota Statutes 2012, section 504B.321, subdivision 2, is amended to read:
6.29 Subd. 2. Expedited procedure. (a) In an eviction action brought under section
6.30504B.171
, or on the basis that a tenant has committed any act against other tenants that is
6.31listed in section 504B.001, subdivision 13a, or on the basis that the tenant is causing a
6.32nuisance or other illegal behavior that seriously endangers the safety of other residents, their
6.33property, or the landlord's property, the person filing the complaint shall file an affidavit
6.34stating specific facts and instances in support of why an expedited hearing is required.
7.1(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled
7.2for an expedited hearing only if sufficient supporting facts are stated and they meet the
7.3requirements of this paragraph.
7.4(c) The appearance in an expedited hearing shall be not less than five days nor more
7.5than seven days from the date the summons is issued. The summons, in an expedited
7.6hearing, shall be served upon the tenant within 24 hours of issuance unless the court
7.7orders otherwise for good cause shown.
7.8(d) If the court determines that the person seeking an expedited hearing did so
7.9without sufficient basis under the requirements of this subdivision, the court shall impose
7.10a civil penalty of up to $500 for abuse of the expedited hearing process.
1.3of violence;amending Minnesota Statutes 2012, sections 484.014, by adding a
1.4subdivision; 504B.001, by adding subdivisions; 504B.165; 504B.178, subdivision
1.57; 504B.206, subdivisions 1, 3, by adding a subdivision; 504B.241, by adding
1.6a subdivision; 504B.285, subdivision 1; 504B.291, subdivision 1; 504B.321,
1.7subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 504B.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 484.014, is amended by adding a
1.10subdivision to read:
1.11 Subd. 4. Violence. The court shall order the expungement of an eviction case
1.12commenced under section 504B.285, subdivision 1, or 504B.291, subdivision 1, if the
1.13court finds that the defendant is a victim, as defined in section 504B.001, subdivision 13a,
1.14and that the breach of lease or nonpayment of rent resulted from an incident of any form
1.15of violence listed in section 504B.001, subdivision 13a.
1.16 Sec. 2. Minnesota Statutes 2012, section 504B.001, is amended by adding a
1.17subdivision to read:
1.18 Subd. 10a. Personally identifying information. "Personally identifying
1.19information" means information about an individual that could reveal the location of a
1.20victim, including, but not limited to:
1.21(1) first or last name;
1.22(2) home or other physical address, including a post office box;
1.23(3) telephone or facsimile number;
1.24(4) e-mail or Internet protocol address;
2.1(5) Social Security number;
2.2(6) date of birth;
2.3(7) race or ethnicity;
2.4(8) religious affiliation; or
2.5(9) any other information that identifies the individual as a victim.
2.6 Sec. 3. Minnesota Statutes 2012, section 504B.001, is amended by adding a
2.7subdivision to read:
2.8 Subd. 10b. Qualifying document. "Qualifying document" means a document
2.9stating that the tenant or the tenant's family or household member is a victim and naming
2.10the perpetrator, if known, which is signed by a court official, law enforcement official,
2.11licensed health care professional, clergy member, or victim's advocate or service provider.
2.12 Sec. 4. Minnesota Statutes 2012, section 504B.001, is amended by adding a
2.13subdivision to read:
2.14 Subd. 13a. Victim. "Victim" means a person or the person's family or household
2.15member who has been subjected by another, regardless of the relationship between the
2.16perpetrator of violence and the victim of violence, to:
2.17(1) physical harm, bodily injury, or assault;
2.18(2) the infliction of fear of imminent physical harm, bodily injury, or assault;
2.19(3) terroristic threats, within the meaning of section 609.713, subdivision 1;
2.20(4) interference with an emergency call within the meaning of section 609.78,
2.21subdivision 2;
2.22(5) criminal sexual conduct, within the meaning of section 609.342, 609.343,
2.23609.344, 609.345, or 609.3451; or
2.24(6) stalking, as defined in section 609.749, subdivision 1.
2.25 Sec. 5. Minnesota Statutes 2012, section 504B.165, is amended to read:
2.26504B.165 UNLAWFUL DESTRUCTION; DAMAGES.
2.27(a) An action may be brought for willful and malicious destruction of leased
2.28residential rental property. The prevailing party may recover actual damages, costs, and
2.29reasonable attorney fees, as well as other equitable relief as determined by the court.
2.30 Damage to residential leased property resulting from an incident of violence is not willful
2.31and malicious destruction by the victim, as defined in section 504B.001, subdivision 13a.
2.32(b) The remedies provided in this section are in addition to and shall not limit other
2.33rights or remedies available to landlords and tenants. Any provision, whether oral or
3.1written, of any lease or other agreement, whereby any provision of this section is waived
3.2by a tenant, is contrary to public policy and void.
3.3 Sec. 6. Minnesota Statutes 2012, section 504B.178, subdivision 7, is amended to read:
3.4 Subd. 7. Bad faith retention. The bad faith retention by a landlord of a deposit,
3.5the interest thereon, or any portion thereof, in violation of this section shall subject
3.6the landlord to punitive damages not to exceed $500 for each deposit in addition to
3.7the damages provided in subdivision 4. If the landlord has failed to comply with the
3.8provisions of subdivision 3 or 5, retention of a deposit shall be presumed to be in bad
3.9faith unless the landlord returns the deposit within two weeks after the commencement
3.10of any action for the recovery of the deposit. The retention of a landlord of any portion
3.11of a deposit of a victim for damage caused as a result of an incident of violence against
3.12the victim is presumed to be in bad faith.
3.13 Sec. 7. Minnesota Statutes 2012, section 504B.206, subdivision 1, is amended to read:
3.14 Subdivision 1. Right to terminate; procedure. (a) A tenant to a residential lease
3.15who is a victim
3.16
3.17
3.18penalty or liability as provided in this section. The tenant must provide advance written
3.19notice to the landlord stating that:
3.20 (1) the
3.21in an order for protection or no contact order;
3.22 (2) the tenant needs to terminate the tenancy; and
3.23 (3) the specific date the tenancy will terminate.
3.24 (b) The written notice must be delivered before the termination of the tenancy by
3.25mail, fax, or in person, and be accompanied by the order for protection or no contact
3.26order, or qualifying document.
3.27 (c) For purposes of this section, an order for protection means an order issued under
3.28chapter 518B. A no contact order means a no contact order currently in effect, issued
3.29under section
3.30 Sec. 8. Minnesota Statutes 2012, section 504B.206, subdivision 3, is amended to read:
3.31 Subd. 3. Liability for rent; termination of tenancy. (a) A tenant terminating a
3.32lease under subdivision 1 is responsible for the rent payment for the full month in which
3.33the tenancy terminates
4.1 forfeits all claims for the return of the security deposit under section 504B.178 and is
4.2relieved of any other contractual obligation for payment of rent or any other charges for
4.3the remaining term of the lease, except as provided in this section.
4.4 (b) This section does not affect a tenant's liability for delinquent, unpaid rent or
4.5other amounts owed to the landlord before the lease was terminated by the tenant under
4.6this section.
4.7 (c) The tenancy terminates, including the right of possession of the premises, on the
4.8termination date stated in the notice under subdivision 1.
4.9
4.10
4.11 (d) For purposes of this section, the provisions of section
4.12as follows:
4.13 (1) if the only tenant is the tenant who is the victim of domestic abuse and the
4.14tenant's minor children, if any, upon the first day of the month following the later of:
4.15 (i) the date the tenant vacates the premises; or
4.16 (ii) the termination of the tenancy indicated in the written notice under subdivision
4.171; or
4.18 (2) if there are additional tenants bound by the lease, upon the expiration of the lease.
4.19 Sec. 9. Minnesota Statutes 2012, section 504B.206, is amended by adding a
4.20subdivision to read:
4.21 Subd. 7. Conflict with other law. If a federal statute, regulation, or handbook
4.22permitting termination of a residential tenancy subsidized under a federal program
4.23conflicts with any provision of this section, then the landlord shall comply with the federal
4.24statute, regulation, or handbook.
4.25 Sec. 10. Minnesota Statutes 2012, section 504B.241, is amended by adding a
4.26subdivision to read:
4.27 Subd. 6. Disclosure of information related to an incidence of violence.
4.28Notwithstanding any other provision of law, a residential tenant screening service may
4.29not disclose to any person, other than the tenant who is a victim, any rental history that
4.30contains personally identifying information when the rental history is related in any way to
4.31one or more incidents of any form of violence listed in section 504B.001, subdivision 13a.
4.32 Sec. 11. [504B.243] USE OF INFORMATION RELATED TO VICTIMS OF
4.33VIOLENCE.
5.1Information in a residential tenant file related to incidents of violence in which the
5.2applicant or the applicant's family or household member, or tenant or the tenant's family or
5.3household member, is the victim as defined in section 504B.001, subdivision 13a, may
5.4not be used as a basis for denying an application, continued tenancy, or a renewal of a
5.5lease to an applicant or tenant. "Family or household member" has the meaning given in
5.6section 518B.01, subdivision 2.
5.7 Sec. 12. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to read:
5.8 Subdivision 1. Grounds. (a) The person entitled to the premises may recover
5.9possession by eviction when:
5.10(1) any person holds over real property:
5.11(i) after a sale of the property on an execution or judgment; or
5.12(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
5.13after termination of contract to convey the property;
5.14(2) any person holds over real property after termination of the time for which it is
5.15demised or leased to that person or to the persons under whom that person holds possession,
5.16contrary to the conditions or covenants of the lease or agreement under which that person
5.17holds, or after any rent becomes due according to the terms of such lease or agreement; or
5.18(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
5.19(b) A landlord may not commence an action for eviction against a victim for a
5.20breach of lease when the breach results from an incident of violence against the victim.
5.21(c) A landlord may commence an action for eviction against a lawful tenant who
5.22has engaged in violence against a cotenant who is a victim and continue the tenancy
5.23of the victim.
5.24 Sec. 13. Minnesota Statutes 2012, section 504B.291, subdivision 1, is amended to read:
5.25 Subdivision 1. Action to recover. (a) A landlord may bring an eviction action for
5.26nonpayment of rent irrespective of whether the lease contains a right of reentry clause.
5.27Such an eviction action is equivalent to a demand for the rent. There is a rebuttable
5.28presumption that the rent has been paid if the tenant produces a copy or copies of one
5.29or more money orders or produces one or more original receipt stubs evidencing the
5.30purchase of a money order, if the documents: (i) total the amount of the rent; (ii) include
5.31a date or dates approximately corresponding with the date rent was due; and (iii) in the
5.32case of copies of money orders, are made payable to the landlord. This presumption is
5.33rebutted if the landlord produces a business record that shows that the tenant has not paid
5.34the rent. The landlord is not precluded from introducing other evidence that rebuts this
6.1presumption. In such an action, unless the landlord has also sought to evict the tenant by
6.2alleging a material violation of the lease under section
6.3may, at any time before possession has been delivered, redeem the tenancy and be restored
6.4to possession by paying to the landlord or bringing to court the amount of the rent that is
6.5in arrears, with interest, costs of the action, and an attorney's fee not to exceed $5, and by
6.6performing any other covenants of the lease.
6.7(b) If the tenant has paid to the landlord or brought into court the amount of rent in
6.8arrears but is unable to pay the interest, costs of the action, and attorney's fees required
6.9by paragraph (a), the court may permit the tenant to pay these amounts into court and be
6.10restored to possession within the same period of time, if any, for which the court stays the
6.11issuance of the order to vacate under section
6.12(c) Prior to or after commencement of an action to recover possession for nonpayment
6.13of rent, the parties may agree only in writing that partial payment of rent in arrears
6.14which is accepted by the landlord prior to issuance of the order granting restitution of the
6.15premises pursuant to section
6.16waive the landlord's action to recover possession of the premises for nonpayment of rent.
6.17(d) Rental payments under this subdivision must first be applied to rent claimed as
6.18due in the complaint from prior rental periods before applying any payment toward rent
6.19claimed in the complaint for the current rental period, unless the court finds that under the
6.20circumstances the claim for rent from prior rental periods has been waived.
6.21(e) In an eviction action for nonpayment of rent, the court shall enter an order
6.22providing for repayment of the unpaid rent within 90 days or repayment on terms agreed
6.23to by the parties, whichever is longer, if:
6.24(1) the court finds rent has not been paid;
6.25(2) the tenant is the victim; and
6.26(3) nonpayment is the result of the incident of violence against the victim.
6.27If the agreement is breached, judgment for the remaining balance shall be entered.
6.28 Sec. 14. Minnesota Statutes 2012, section 504B.321, subdivision 2, is amended to read:
6.29 Subd. 2. Expedited procedure. (a) In an eviction action brought under section
6.31listed in section 504B.001, subdivision 13a, or on the basis that the tenant is causing a
6.32nuisance or other illegal behavior that seriously endangers the safety of other residents, their
6.33property, or the landlord's property, the person filing the complaint shall file an affidavit
6.34stating specific facts and instances in support of why an expedited hearing is required.
7.1(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled
7.2for an expedited hearing only if sufficient supporting facts are stated and they meet the
7.3requirements of this paragraph.
7.4(c) The appearance in an expedited hearing shall be not less than five days nor more
7.5than seven days from the date the summons is issued. The summons, in an expedited
7.6hearing, shall be served upon the tenant within 24 hours of issuance unless the court
7.7orders otherwise for good cause shown.
7.8(d) If the court determines that the person seeking an expedited hearing did so
7.9without sufficient basis under the requirements of this subdivision, the court shall impose
7.10a civil penalty of up to $500 for abuse of the expedited hearing process.
