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Tenant Actions

Emergency Tenant Remedies Action (ETRA)

Emergency TRA Court Form

MN Statute 504B.381

Subdivision 1. Petition: A person authorized to bring an action under MN Statute s. 504B.395, subdivision 1, may petition the court for relief in cases of emergency involving the following events/situations:

  • Loss of running water;
  • Loss of hot water;
  • Loss of heat;
  • Loss of electricity;
  • Loss of sanitary facilities (example: toilet, shower/bathtub, etc.) or;
  • Loss of other essential services or facilities that the landlord is responsible for providing.

Tenant must:

  • Pay filing fee – unless the filing fee is ordered waived because you are low income
  • Tenant files the action in the Housing Court office, located at the Hennepin County Government Center, 300 South 6th Street, Floor C-3, Minneapolis, MN, and the paperwork is reviewed upon completion by the referee to determine if an emergency hearing is warranted.

These matters are usually scheduled very quickly. If the court finds there is a problem attributable to the landlord, it orders the problem corrected immediately. There may be a rent abatement ordered at the hearing to compensate the tenant for the inconvenience.

Tenant Remedy Action (TRA)

MN Statute 504B.395

A Tenant Remedy Action can be filed by the tenant with the court when a landlord has violated a tenant’s privacy by entering their home/residence without notice or the landlord has a current code violation(s) repair cited by a housing inspector. Tenant must:

  • Pay filing fee - unless the filing fee is ordered waived because you are low income;
  • Complete a Petition for Relief
  • Attach, to the Petition for Relief, a copy of a letter sent to the landlord 14 days before filing the Petition for Relief explaining what repairs need to be made in the residence or a certified copy of a housing inspection report from the housing inspector;
  • Pay into court any rent that is due to the landlord prior to the hearing date;
  • Attend a hearing that will be scheduled for a morning calendar 5 to 10 days from the date of filing the Petition for Relief.

Lock-out Petition

Lock-out Petition Court Form

MN Statute 504B.375

A Lock-out Petition can filed by the tenant with the court when a landlord locks a tenant out of their home/residence and will not allow the tenant to re-enter the premises. Tenant must:

  • Pay filing fee – unless the filing fee is ordered waived because you are low income;
  • File a Lock-out Petition;
  • Attend a hearing scheduled before a referee as soon as possible (usually within 3 to 5 days);
  • After the hearing, get certified copies of the referee’s Order and Petition from clerk’s office;
  • Provide a certified copy of the Order and Petition to Sheriff’s Office to complete service on landlord,

OR

  • Provide an impartial third party with a certified copy of the Order and Petition to complete service on landlord (unless the Order tells the tenant to serve).

Rent Escrow

Tenant's Rent Escrow Court Forms Packet

MN Statute 504B.385

A Rent Escrow can be filed by the tenant with the court when a tenant has brought a non-emergency repair issue(s) to the attention of the landlord and the landlord has not completed the repair(s). Tenant must:

  • Pay filing fee – unless the filing fee is ordered waived because you are low income;
  • Complete the Affidavit of Rent Escrow, providing the address of the property owner and agent, manager or caretaker, if different from owner (no P.O. boxes);
  • Provide the court with a copy of a letter sent to the landlord, at least 14 days prior to filing the Rent Escrow case, detailing the non-emergency repair issue(s) that need to be made or a certified copy of a housing inspector’s report;
  • Pay into court any rent that is due to the landlord prior to the hearing date (cash or certified funds only);
  • Attend a hearing scheduled in 10 to 14 days from date of filing the Rent Escrow case;
  • If repair amount is $10,000.00 or less, the court will do service on the landlord by mail. If the repair amount is over $10,000.00 the filing party/tenant must have an impartial third party complete the service on the landlord.

 

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