Unauthorized persons removal from property remedies establishment

A bill for an act

relating to real property; establishing remedies for the removal of unauthorized

persons from property; amending Minnesota Statutes 2024, section 504B.001,

subdivision 12, by adding a subdivision; proposing coding for new law in Minnesota

Statutes, chapter 500.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[500.35] REMEDY TO REMOVE UNAUTHORIZED PERSONS FROM

REAL PROPERTY.

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Subdivision 1.

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Right to request removal.

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A property owner or the authorized agent of

a property owner may request the sheriff of the county in which the property is located to

remove a person unlawfully occupying residential real property if the following conditions

are met:

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(1) a person entered and remained on the owner's property without permission of an

owner or an agent of an owner;

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(2) the unauthorized person is not an owner or co-owner of the property, is not listed on

the title to the property, and has no legal right to occupy the property;

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(3) the property owner or agent of the owner has directed the unauthorized person to

leave the property and the person refuses to depart the property;

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(4) the unauthorized person is not a current or former residential tenant, as defined in

section 504B.001, subdivision 12, of the property owner;

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(5) the unauthorized person is not a family or household member, as defined in section

518B.01, subdivision 2, paragraph (b), of the property owner; and

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(6) there is no pending litigation related to the residential real property between the

property owner and the unauthorized person.

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Subd. 2.

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Complaint.

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To request the immediate removal of person unlawfully occupying

residential real property, the property owner or the property owner's authorized agent must

submit a complaint by presenting a completed and signed Complaint to Remove Persons

Unlawfully Occupying Residential Real Property to the sheriff of the county in which the

real property is located. The complaint must be in substantially the following form:

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COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING

RESIDENTIAL REAL PROPERTY

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I, the owner or authorized agent of the owner of the real property located at

......................................................................, declare under the penalty of perjury, under

Minnesota Statutes, section 609.48, that (initial each box):

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1.

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.

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I am the owner of the real property or the authorized agent of the owner of
the real property.

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2.

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.

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An unauthorized person or persons entered or are remaining on the real
property without my permission or the permission of any owner.

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3.

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.

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I have directed the unauthorized person or persons to leave the real property,
but they have not done so.

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4.

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.

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The person or persons are not current or former residential tenants as defined

in section 504B.001, subdivision 12, pursuant to any valid lease authorized

by the property owner, and any lease that may be produced by an occupant
is fraudulent.

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5.

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.

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The unauthorized person or persons sought to be removed are not an owner

or a co-owner of the property and are not listed on the title to the property
unless the person or persons have engaged in title fraud.

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6.

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.

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The unauthorized person or persons are not family or household members,

as defined in section 518B.01, subdivision 2, paragraph (b), of the property
owner.

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7.

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.

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There is no litigation related to the real property pending between the
property owner and any person sought to be removed.

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8.

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.

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I understand that a person or persons removed from the property pursuant

to this complaint may bring a cause of action against me for any false

statements made in this complaint, and that as a result of such action I may
be held liable for treble damages, costs, and reasonable attorney fees.

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9.

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.

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I am requesting the sheriff to immediately remove the unauthorized person
or persons from the residential property.

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10.

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.

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A copy of my valid government-issued identification is attached, and, if I

am an agent of the property owner, documents evidencing my authority to
act on the property owner's behalf are attached.

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I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND EACH

STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS

MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY OF PERJURY.

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...(Signature of Property Owner or Agent of Owner)...

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Subd. 3.

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Verification; service; demand.

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(a) Upon receipt of the complaint, the sheriff

shall verify that the person submitting the complaint is the record owner of the real property

or the authorized agent of the owner and appears otherwise entitled to relief under this

section.

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(b) If verified, the sheriff shall serve a notice to immediately vacate on all the persons

unlawfully occupying the residential property. Service may be accomplished by hand delivery

of the notice to the person unlawfully occupying the property or by posting the notice on

the front door or entrance of the property. The sheriff shall attempt to verify the identities

of all persons unlawfully occupying the property and note the identities on the return of

service.

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(c) The sheriff shall make a demand that the unauthorized person vacate the property.

If the unauthorized person refuses, the sheriff may take necessary actions to place the

property owner or authorized agent in possession of the property.

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Subd. 4.

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Fees.

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The sheriff may charge to the property owner or the authorized agent of

the property owner a reasonable fee for:

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(1) service of the notice to immediately vacate under this section; or

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(2) if requested, stand by services to maintain the peace.

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Subd. 5.

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Immunity.

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(a) A sheriff who, in good faith, relies on a complaint provided

under subdivision 2 and complies with this section to remove a person occupying residential

real property is not subject to any civil or criminal liability arising from the removal unless

the act or failure to act constitutes intentional or willful and wanton misconduct.

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(b) The property owner or the authorized agent of the property owner who makes a

request under this section is not liable to any party for the loss, destruction, or damage to

personal property unless the property owner or authorized agent knowingly provided false

statements, documentation, or other evidence.

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Subd. 6.

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Civil action; wrongful removal.

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A person may bring a civil cause of action

against the property owner or authorized agent of the property owner who signed a complaint

under subdivision 2 alleging that the person was removed in violation of this section. The

court may restore the prevailing plaintiff to possession of the real property and shall award

to the prevailing plaintiff an amount equal to three times the damages incurred, costs, and

reasonable attorney fees.

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Subd. 7.

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Criminal penalty.

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A property owner or authorized agent of the property owner

who submits a complaint under subdivision 2 and provides to the sheriff false statements,

documentation, or other evidence under this section, knowing that the statement,

documentation, or other evidence is false and intending that the sheriff rely on it, is guilty

of a misdemeanor.

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Subd. 8.

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Other remedies; authority of peace officer.

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(a) This section does not limit

any other the right or remedy available to a property owner or limit the authority of a peace

officer.

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(b) Nothing in this section authorizes the use of force in excess of what may be necessary

under the circumstances.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to crimes

committed on or after that date, and causes of action accruing on or after that date.

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Sec. 2.

Minnesota Statutes 2024, section 504B.001, subdivision 12, is amended to read:

Subd. 12.

Residential tenant.

"Residential tenant" means a person who is occupying a

dwelling in a residential building under a lease or contract, whether oral or written, that

requires the payment of money or exchange of services, all other regular occupants of that

dwelling unit, or a resident of a manufactured home park.
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A residential tenant does not

include an unlawful occupant.
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Sec. 3.

Minnesota Statutes 2024, section 504B.001, is amended by adding a subdivision

to read:

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Subd. 13c.

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Unlawful occupant.

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"Unlawful occupant" means a person occupying a

dwelling in a residential building who:

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(1) is not a party to a lease with the landlord;

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(2) is not occupying a dwelling with a residential tenant who is a party to the lease; and

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(3) does not have written permission from the landlord to occupy the dwelling.

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