Section 504B.381 Emergency Tenant Remedies Action
504B.381 EMERGENCY TENANT REMEDIES ACTION.
Subdivision 1.Petition.
A person authorized to bring an action under section 504B.395, subdivision 1, may petition the court for relief in cases of emergency involving the loss of running water, hot water, heat, electricity, sanitary facilities, or other essential services or facilities that the landlord is responsible for providing.
Subd. 2.Venue.
The venue of the action authorized by this section is the county where the residential building alleged to contain the emergency condition is located.
Subd. 3.Petition information.
The petitioner must present a verified petition to the district court that contains:
(1) a description of the premises and the identity of the landlord;
(2) a statement of the facts and grounds that demonstrate the existence of an emergency caused by the loss of essential services or facilities; and
(3) a request for relief.
Subd. 4.Notice.
The petitioner must attempt to notify the landlord, at least 24 hours before application to the court, of the petitioner's intent to seek emergency relief. An order may be granted without notice to the landlord if the court finds that reasonable efforts, as set forth in the petition or by separate affidavit, were made to notify the landlord but that the efforts were unsuccessful.
Subd. 5.Relief; service of order.
The court may order relief as provided in section 504B.425. The petitioner shall serve the order on the landlord personally or by mail as soon as practicable.
Subd. 6.Limitation.
This section does not extend to emergencies that are the result of the deliberate or negligent act or omission of a residential tenant or anyone acting under the direction or control of the residential tenant.
Subd. 7.Effect of other laws.
Section 504B.395, subdivisions 3 and 4, do not apply to a petition for emergency relief under this section.
History:
1999 c 199 art 1 s 56