Basic Housing Court Issues and Procedures

1. Basic Housing Court Issues and Procedures An Introduction to Practice in Housing Court in Hennepin County

2. Housing Court Rules • Minn. Gen. R. Prac. 601-612 • Supplement Minnesota Rules of Civil Procedure • Jurisdiction over civil and criminal matters arising under Chapter 504B

3. Types of Cases Heard in Housing Court • Eviction Action • Issue: Possession claim by owner/landlord/mortgagee/vendor • Formerly called an Unlawful Detainer Action or “UD” • Rent Escrow Action / Tenant Remedies Action • Issue: Non-emergency repair/habitability/lease/use problem • Emergency Tenant Remedies Action • Issue: Emergency repair/habitability problem • Unlawful Exclusion Action (Lockout) • Issue: Possession claim by tenant/mortgagor/vendee

4. Four Common Legal Bases for an Eviction Action • Nonpayment of rent • Breach of a material provision of a lease • Holding over past the end of a lease/tenancy • Holding over past the end of foreclosure redemption period

5. Pleading in an Eviction Action • Variation of statewide court form commonly used. • Landlord must plead compliance with agent and address disclosure requirements of Minn. Stat. Sec. 504B.181. • Plaintiff must allege facts authorizing present right to recover possession of premises under Minn. Stat. Sec. 504B.321.

6. Facts Authorizing Recovery of Possession of Premises • Basic facts about the lease and tenancy • Governing contract – oral or written • Nature of tenancy • Tenancy for a term • Tenancy at will • Monthly rent amount • Identity of landlord • Owner – Minn. Stat. Sec. 504B.001, subd. 7 • Disclosures under Minn. Stat. Sec. 504B.181 • Agent for service of process • Street address

7. Facts Authorizing Recovery of Possession of Premises (cont.) • Substantive claim • Nonpayment of rent • Breach of material lease provision • Holding over • Request for judgment for possession • Writ of recovery (formerly writ of restitution) • Verification of non-military status of defendant(s)

8. Filing an Eviction Action • Where to file: Henn. Cty. Gov’t. Ctr. – 2nd Fl. • Filing fee: $322.00 • Timeline for hearing: 10-14 days after filing • Service of process • Sheriff • Professional process server • Any other disinterested third party

9. Personal Jurisdiction – Statutory Service Requirements • Personal or abode service • Service by mail and posting under Minn. Stat. Sec. 504B.331 • Two personal service attempts • Mailing of Summons and Complaint • Filing of Affidavits of Mailing and Not Found • Posting of Summons and Complaint • Filing of Affidavit of Posting

10. Pre-Hearing Deadlines • Removal from Housing Court under Minn. Gen. R. Prac. 602 • Deadline: Day before initial hearing • Filing of affidavit of personal/substitute service or affidavit of posting • Deadline: Three business days before initial hearing

11. Housing Court Procedure – General Limits of Court’s Discretion • Jurisdiction over disputes related to present right of possession • Rent • Repair issues and other violations of statute/lease • Right of redemption and eviction stays • Seven-day maximum for tenant redemption • Seven-day maximum to stay the writ of recovery

12. Housing Court Procedure – Uncontested Cases • Uncontested cases heard first (with settled cases) • Determination of jurisdiction • Default  Request for immediate writ or order allowing redemption

13. Housing Court Procedure for Contested Cases – Settlement Options • Free mediation available • Option for pre-filing mediation • Repayment agreement • Installments typically subject to threat of writ of recovery • Move-out agreement • Vacate date subject to threat of writ of recovery • Agreement for repairs and rent abatement

14. Housing Court Procedure – Common Defenses • Improper service • Improper plaintiff or authority to appear • Disclosure of a post office box address • Failure to comply with municipal rental licensing requirement • Repair and habitability issues • Acceptance of a partial payment of rent in arrears

15. Housing Court Procedure for Contested Cases – Trial Issues • Deposit of unpaid rent for some affirmative defenses • Repair/habitability defenses • Rent withheld in reliance on a defense • Discovery • By order from the court, usually only if requested • Oral or written motions allowed on day of trial under Minn. Gen. R. Prac. 610 • Jury trial versus bench trial

16. Trial Procedure in Housing Court • No discovery, unless requested and ordered at initial appearance • AT LEAST 4 copies of each exhibit (Court, Plaintiff/Petitioner, Defendant/Respondent, and witness) • Opening statements optional • Cases in chief, then rebuttal • Closing arguments vs. post-trial submissions

17. Post-Trial Issues • Judge Review • Deadline: 10 days after oral pronouncement or 13 days after mailing of written order • Motion to Vacate Judgment / Motion to Quash Writ • Minn. R. Civ. P. 60.02 • Motion for Expungement • Statutory Standard • Lack of sufficient basis in fact or law for the plaintiff’s case • Interests of justice • Public’s interest • Common Law Inherent Authority Standard

18. Enforcement of Writ of Recovery • Where to obtain writ of recovery: Henn. Cty. Gov’t. Ctr. – 3rd Fl. • Where to start enforcement process: Mpls. City Hall, Room 30 • Fees: • $55.00 for writ of recovery • $100.00 for posting of writ of recovery by Sheriff • Additional fees for move-out and property inventory supervised by Sheriff • Notice of date and time of eviction required • Storage and maintenance of personal property • 60 days – Minn. Stat. Sec. 504B.365 (if removed and stored off-site) • 28 days – Minn. Stat. Sec. 504B.271 (if stored on-site)

19. Questions and Contact Information Legal Aid Client Intake: (612)-334-5970 Drew P. Schaffer, Staff Attorney Legal Aid Society of Minneapolis 430 First Avenue North, Suite 300 Minneapolis, MN 55401 Telephone/Facsimile: (612)-746-3644 Electronic Mail: dpschaffer@midmnlegal.org