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/mortgag
  ee/vendor
• Formerly called an Unlawful Detainer Action or
  UD
• Rent Escrow Action / Tenant Remedies Action
• Issue Non-emergency repair/habitability/lease/us
  e problem
• Emergency Tenant Remedies Action
• Issue Emergency repair/habitability problem
• Unlawful Exclusion Action (Lockout)
• Issue Possession claim by tenant/mortgagor/vende
  e

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. Govt. 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
Courts 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
  plaintiffs case
• Interests of justice
• Publics interest
• Common Law Inherent Authority Standard

18
Enforcement of Writ of Recovery

• Where to obtain writ of recovery Henn. Cty.
  Govt. 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_at_midmnlegal.org