TENANTS REMEDIES

TENANTS REMEDIES ACTION (TRA)

RENT ESCROW ACTION

Minn. Stat. §§ 504B.001 (formerly § 566.18), 504B.395 (formerly § 566.19) et. seq.

Minn. Stat. §§ 504B.001 (formerly § 566.18), 504B.385 (formerly § 566.34), 504B.425 (formerly § 566.25)

Allows neighborhood groups and city and county attorney to sue in addition to tenant

Tenant brings action

Begins with Summons and Complaint

Begins with an affidavit sworn out by tenant

Tenant doesn’t have to deposit rent into court to start the action; however, Court may order tenant to deposit rent into court after the first hearing

Tenant has to deposit rent into court to begin the action

Personal service by sheriff or process server

Court clerk serves by mail unless the cost of repairs is greater than the statutory limit

Hearing to be set not less than 5 days but not more than 10 days after tenant files complaint with the court

Hearing must be held ten to fourteen days after tenant files affidavit with the court and deposits rent

Relief is under § 504B.425 (formerly § 566.25)

-Relief under § 504B.425 (formerly § 566.25)

-Order escrowed rent released for repairs

-future rent into court until all repairs are made

-future rent abatement

-retroactive rent abatement

-compliance hearings

-civil fines under § 504B.391 (formerly § 566.35)

-Release rents

Notice before commencing TRA action and Rent Escrow Action

Code violations where apartment has been inspected by the City

Notice and Reasonable time to repair; no action filed until time for repairs has expired.

Exception: where time given to make repairs is excessive.

Code Violations where apartment has not been inspected by the City

Demand for repairs and reasonable time to make repairs. Letter has to be sent to landlord fourteen days (14) before filling the action (Call inspections)

Lease Term violations

Written notice fourteen days (14) before filing

Notice Exceptions

Repairs were existent prior to or at time or rental and Landlord knew of problems (evidence of inspections reports with open orders or previous tenant testimony)

Violations

-No notice required for an Emergency TRA

-Health and Safety laws

-Covenants of habitability

-terms of oral or written lease