EMERGENCY LOSS OF SERVICES OR FACILITIES |
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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? |
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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) |
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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