EMERGENCY LOSS OF SERVICES OR FACILITIES

Are the code violations so severe so as to result in a condemnation?

Are the code violations of the nature that would cause the tenant to be homeless?

Is there an imminent utility shut-off (e.g. water, heat, gas, electricity, propane, etc.)

Has there been a utility shut-off?

ETRA

LOCK-OUT/OUSTER

Minn. Stat. § 504B.381 (formerly § 566.205)

Minn. Stat. § 504B.375 (formerly § 566.175)

Minn. Stat. §§ 504B.225 (formerly § 504.25), 504B.231 (formerly § 504.255)

Petition: Verified Petition

Petition: Verified Petition

 Notice: At least 24 hours notice to landlord

Notice: Ex Parte Order for possession

Hearing: First hearing deals with the emergency issues, all other issues are reserved for a follow-up hearing, compliance hearing set to deal with compliance with emergency repairs.

Hearing: Follow-up hearing to confirm order.

Remedy: Includes rent abatement, other non-emergency repairs, compliance with emergency repairs injunctions, costs and attorneys fees, Minn. Stat. § 504B.425 (formerly § 566.25)

Remedy: If order is confirmed tenant can get costs, damages and attorneys fees, Minn. Stat. § 504B.375 (formerly § 566.175); penalty of misdemeanor and damages are allowed under Minn. Stat. §§ 504B.225 (formerly § 504.25), 504B.231 (formerly § 504.255)

Other Statutes: Can be combined for Lock-Out, Minn. Stat. § 504B.375 (formerly § 566.175); Ouster, Minn. Stat. §§ 504B.225 (formerly § 504.25), 504B.231 (formerly § 504.255); Rental of condemned Dwelling, Minn. Stat. § 504B.204 (formerly § 504.245), Unlawful Termination of Utilities, Minn. Stat. § 504B.221 (formerly § 504.26); Restoration of Utilities, Minn. Stat. § 504B.215 (formerly § 504.185).

Other Statutes: Can be combined with ETRA, Minn. Stat. § 504B.381 (formerly § 566.205), Rental of Condemned Dwelling, Minn. Stat. § 504B.204 (formerly § 504.245), Unlawful Termination of Utilities, Minn. Stat. § 504B.221 (formerly § 504.26); Restoration of Utilities, Minn. Stat. § 504B.215 (formerly § 504.185).


Presented by Charlene F. D’Cruz at HCBA, LL/T seminar, January 17, l997

Revised by Lawrence R. McDonough, October 24, 2000