Verified Complaint For Illegal Lockout

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Document Code:
Zach Coughlin
PO Box 3961
Reno, NV 89!
Phone and "ax: 9#9$66%$%#!&
email: ZachCoughlin'hotmail(com
P)o *e) Plainti++,-u.$/enant
01-/2C3 CO1R/ R3NO /O4N-52P
46-5O3 CO1N/7, N3V6D6
86C56R7 B6R93R CO1:5;2N A
A
Plainti++,-1B$/3N6N/, A
A C6-3 NO:
A
<=( A
A D3P/( NO:
-1P3R2OR >2N2 -/OR6:3 6,9,6 A
-1P3R2OR -/OR6:3 ;;C,>6RV2N V( 73, A
0R(,? -6R65 D73,>6// :R6N/? 93N A
:R6N/ @on =ite manage)=A? A
-u*e)io) >ini -to)age A
OBne) >a)<in DCe, 0)( A
%%! 4 #th -t, Reno, NV89&3$891
/el( %%%#6#3&&
De+endant=,;6ND;ORD-
VERIFIED COMPLAINT FOR ILLEGAL LOCKOUT
/he /enant named a.o<e he)e.C +ile= thi= Com*laint again=t the ;andlo)d named a.o<e and
he)e.C allege= a= +olloB=:
NR- 1!8(#%3 DOccu*antE de+ined( DOccu*antE include= a *e)=on o) a
*e)=onF= sub lessee, =ucce==o) o) a==ignee Bho i= entitled to the exclu=i<e
u=e o+ an indi<idual =to)age =*ace at a +acilitC *u)=uant to a )ental ag)eement
P6:3 1,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

;andlo)dG= 1n)ea=ona.le Re+u=al to Con=ent to an 6==ignment o) a -u.lea=e, 1! 6m( 0u)( P)oo+
o+ "act= &d #81 (
1( /he ;andlo)d ha= not =ta)ted a *ending legal action +o) =umma)C e<iction o) a *ending
legal action +o) unlaB+ul detaine) again=t me(
&( 1*on in+o)mation and .elie+ @-u*e)io) )e+u=e= to *)o<ide a co*C o+ the ;ea=e 6g)eement Bith
De)eH -Ban=on, -Ban=on doe= not =eem to ha<e one o+ hi= oBnA, De)eH -Ban=on and -u*e)io)
-to)age ;;C ente)ed a ;ea=e 6g)eement =ix month= ago +o) unit= 6&3 and #31( -Ban=on ente)ed an
ag)eement Bith Coughlin on 6ugu=t &8th, &!1&, in )e=*on=e to a text me==aged *)o*o=al +)om
Coughlin to *e)+o)m =ome Bo)H +o) -Ban=on in exchange +o) a *aCment o+ =ome moneC and the )ight
to *lace CoughlinG= *e)=onaltC in the tBo unit= and to =ome extent acce== and o) u=e, the )ental= +o) a
*e)iod o+ 3! daC=, at Bhich *oint, a)gua.lC, a month to month tenancC Bould continue, e=*eciallC in
the context o+ anC =ilence in the ag)eement Bith )ega)d to that a=*ect( Nothing Ba= =aid in the
ag)eement @Bhich, at lea=t unde) NR- 1186(16! could .e <e).al o) B)itten(((though NR- 1186(!8!
DDBellingE and DdBelling unitE de+ined( DDBellingE o) DdBelling unitE mean= a =t)uctu)e o) the *a)t
o+ a =t)uctu)e that i= occu*ied a=, o) de=igned o) intended +o) occu*ancC a=, a )e=idence o) =lee*ing
*lace .C one *e)=on Bho maintain= a hou=ehold o) .C tBo o) mo)e *e)=on= Bho maintain a common
hou=ehold( Coughlin ha= ne<e) =le*t in eithe) o+ the=e )ental= and doe= not u=e them a= a I)e=idenceI
o) I=lee*ing *laceI, no), the)e+o)e, a= a IdBellingI o) IdBelling unitI(
3( /he =t)eet add)e== +o) mC )ental unit i= %%! 4( #th -t( unit= 6&3 and #31(
#( Coughlin i= cu))ent on hi= )ental o.ligation to -Ban=on, and, u*on in+o)mation and .elie+,
-Ban=on i= cu))ent a= to -u*e)io) -to)age )e=*ecting hi= )ental o.ligation(
P6:3 &,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

( /he landlo)d o) hi= manage)= ha<e .a))ed Coughlin +)om ente)ing on multi*le occa=ion=
thu= +a) and ha<e gone =o +a) a= to im*lo)e the RPD to <iolate -oldal <( CooH CountC in =eeHing to
=u.<e)t the laB+ul e<iction *)oce==( /he landlo)d= ha<e had a *olicC in *lace +o) 1# Cea)= :
Rega)dle==, -u*e)io) -to)age ;;C ha= .een conducting illegal locHout=, .C thei) oBn admi==ion,
again=t tenant=, +o) at lea=t 1# Cea)=, a= .oth >att and 9en :)ant admit that theC ha<e +olloBed a
*olicC Bhe)e.C the elect)onic gate Bill note alloB tenantG= acce== i+ thei) )ent i= not *aid .C the 1!th
o+ each month, citing a *)o<i=ion in the ;ea=e 6g)eement, Bhich theC )e+u=e to alloB Coughlin to
<ieB, and the)e.C attem*ting to =u.<e)t =tatuto)C )eJui)ement= that -u*e)io) -to)age mail, <ia
ce)ti+ied mail, notice, then alloB 1# daC= to *a== *)io) to e++ecting =uch a locHout, +)om the date the
)ent i= deemed, due:
NR- 1!8(#%6 1n*aid cha)ge=: I/e)mination o+ occu*antF= )ight to u=e =to)age
=*ace? notice? im*o=ition o+ lien(
1( 2+ anC cha)ge= +o) )ent o) othe) item= oBed .C the occu*ant )emain un*aid +o)
1# daC= o) mo)e, the oBne) maC te)minate the occu*antF= )ight to u=e the =to)age
=*ace at the +acilitC, +o) Bhich cha)ge= a)e oBed, not le== than 1# daC= a+te)
=ending a notice .C verified mail and if available ele!"r#ni! mail "# "$e
#!!u%an" a" $is #r $er las" &n#'n address and to the alte)nati<e add)e==
*)o<ided .C the occu*ant in the )ental ag)eement( /he notice mu=t contain((((I
6( 6+te) Ba= .locHed ent)C to,locHed out o+ the )ental unit, o) con=t)ucti<elC made to lea<e .C
the th)eat o+ c)iminal t)e=*a== *)o=ecution, he t)ied to get .acH into the )ental unit o) =ecu)e a *)omi=e
that the *olice Bould not .e in<ol<ed +)om -u*e)io), .ut the ;andlo)dG= manage) >att :)ant )e+u=ed
to let Coughlin in o) maHe =uch an ag)eement o) )e+)ain +)om th)eatening to call the *olice, in=tead,
=he +o)ced he) BaC into the unit, de=*ite CoughlinG= )emon=t)ance and *)oceeded to go th)ough
CoughlinG= *e)=onaltC and maHe a <ideo )eco)ding, o*ening u* a *)i<ate .ox o+ CoughlinG= and
attem*ting to <ideo *e)=onal *a*e)= o+ CoughlinG= and othe) item=, claiming an Ieme)gencC .a=i=I
excu=ed he) +ailu)e to *)o<ide notice o+ anC =uch Iin=*ectionI, de=*ite the +act that he) hu=.and, 9en
P6:3 3,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

:)ant, Bhom, cont)a)C to >att :)antG= a==e)tion=, i= li=ted a= the Co$>anage) on the BindoB o+
-u*e)io) -to)age ;;CG= o++ice, HneB +ull Bell no eme)gencC .a=i= exi=ted +o) =uch an unnoticed
ent)C( "u)the) RPD O++ice) 4elch )e*eatedlC =tated that to Coughlin that ItheC told me Cou Be)e
li<ing the)eI in )e+e)ence to hi= di=cu==ion Bith the :)ant=( -u*e)io) -to)age ;;C ha= a timed gate
and manC, manC <ideo came)aG= all a)ound and the :)antG= HnoB +ull Bell that Coughlin i= not li<ing
the)e( 2t =eem= the a)e =eeHing to tell a +eB +i.= to get a =u.tenant that theC +ind ItacHCI out o+ thei)
e=ta.li=hment, Bhich dou.le= a= thei) )e=idence a= Bell( "u)the), 9en :)ant demanded to =ee a co*C
o+ CoughlinG= d)i<e)G= licen=e, on o) a.out -e*tem.e) 1!th, &!11, Bhe)eu*on he tooH it and =*ed o++
in hi= gol+ ca)t and he and >att :)ant admitted to maHing a co*C o+ it Bithout CoughlinG= *e)mi==ion(
OneG= d)i<e)G= licen=e num.e) i= I*e)=onallC identi+ia.le in+o)mationI, *)otecta.le unde) NR-(
"u)the) :)ant ha= attem*ted to li+t the metal o<e)head doo) to unit #31 Bithout HnocHing o)
announcing and Bithout *e)mi==ion and continue= to do =o a+te) ex*licit indication that he cea=e
doing =o( >att :)antG= a==e==ment that an Ieme)gencCI exi=ted entitling he) to t)e=*a== again=t
CoughlinG= *e)=onal *)o*e)tC, Bith a <ideo came)a, and in<ade CoughlinG= *)i<acC i= com*letelC
unde)mined .C he) hu=.and and co$manage)= *)e<iou=lC .a)ging hi= BaC in to the unit, on o) a.out
-e*tem.e) %th, &!1&, in a com*letelC ina**)o*)iate and dominee)ing manne) and announcing to
Coughlin that the occu*ant= next doo) Bould .e mo<ing the next daC and that Coughlin need maHe
=u)e to =taC out o+ thei) BaC( 1*on Couglin )etu)ning #8 hou)= late), :)ant told Coughlin he Ba=
=u**o=ed to not .e .acH until Ia.out /ue=daCI, -e*tem.e) 11th, &!1&( :)ant then g)u++lC told
Coughlin Git aint gonna Bo)HI Bhen Coughlin attem*ted to ente) the gate code on -e*tem.e) 1&th,
&!1&, and laughed cu)tlC Bhen Coughlin a=Hed IBhCI, Bhe)eu*on :)ant admitted to the illegal
locHout *olicC -u*e)io) ha= en+o)ced +o) 1# Cea)=( On -e*tem.e) 1#th, &!1& Bhen Coughlin again
=ought to ente) the gate code, 9en :)ant came out o+ hi= o++ice and g)u++lC Bai<e Coughlin o++ Bith a
P6:3 #,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

=nee), Bhe)eu*on on -e*tem.e) 1#th, &!1& Coughlin +axed a B)itten com*laint to -u*e)io) -to)age
;;C detailing the illegal locHout and othe) com*laint=( "u)the), on -e*tem.e) 1%th, &!1&
%( 6= a )e=ult o+ the ;andlo)dF= action=, Coughlin ha= damage= a= +olloB=( 2n addition to the
=tatuto)C damage= o+ K&,!!(!! alloBed unde) NR- 1186(39!, Coughlin i= a=Hing to .e com*en=ated
+o) the +olloBing item= o+ damage=:lo=t time, lo=t *)o+it=, con=eJuential damage= )elated to +inding
alte)nate a))angement= and to ha<ing to de<ote time to thi= matte) at the ex*en=e o+ othe) ext)emelC
im*o)tant and *)e==ing deadline= connected to CoughlinG= legal matte)= @including RCR&!11$!633#1,
Ne<ada -u*)eme Cou)t ca=e 61383, 6!331, 6!3!&, 61#&6, and 6!383A and a 5ea)ing =et .e+o)e the
-BN and NNDB on -e*tem.e) &th, &!1& @though the -BN i=, a= i= thei) Bont, =eeHing to de*)i<e
due *)oce== and =u.<e)t the ex*)e== mandate= in the Cou)tG= 0une %th, &!1& O)de) and -CR 111@8A,
and -CR 1!&@#A@dA, and othe) a++ai)=, including the Bo)H Coughlin doe= +o) -Ban=on(
8( 6= a )e=ult o+ the ;andlo)dF= action=, 2 ha<e damage= a= +olloB=( 2n addition to the
=tatuto)C damage= o+ K&,!!(!! alloBed unde) NR- 1186(39!, 2 am a=Hing to .e com*en=ated +o) the
+olloBing item= o+ damage=: lo=t time, lo=t *)o+it=, inte)+e)ence Bith .u=ine== )elation=hi* and
*)o=*ect economic ad<antage Bith -Ban=on and othe)=, and con=eJuential and *uniti<e damage=
@Bhe)e *e)mi==i.leA(
9( -u*e)io) =eem= to allege De)eH -Ban=on maC ha<e =ought to te)minate o) a.andon the
lea=e he ha= Bith -u*e)io) on o) a)ound -e*tem.e) &1=t, &!1&( No B)itten notice o+ anC =o)t ha=
.een *)o<ided to Coughlin .C eithe) -Ban=on o) -u*e)io), much le== a**)o*)iatelC =e)<ed conce)ning
anC o+ the=e matte)=( Not an e<iction( Not a Notice o+ B)each( nada( On -atu)daC, -e*tem.e) &&nd,
Coughlin did =*eaH Bith -Ban=on on the *hone .)ie+lC Bhe)ein -Ban=on )elaCed a me==age +)om
P6:3 ,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-u*e)io) that anC o+ ICoughlinG= c)a*I that )emain= at -u*e)io) on >ondaC, -e*tem.e) &#th, &!1&,
IBould .e loaded u* and taHen to the dum*I(
1!( Coughlin =e)<ed -u*e)io) -to)age ;;C, <ia +ax, a B)itten com*laint )ega)ding the illegal
locHout @di=a.ling the gate codeA on o) a)ound -e*tem.e) 1#th, &!1& and *e)=onallC *o=ted anothe)
detailed B)itten com*laint and notice on o) a.out -e*tem.e) 18th, &!1&( -u*e)io) need= to *)oduce
the ;ea=e 6g)eement .etBeen -Ban=on and -u*e)io) and anC )ele<ant Ino =u.lea=ingI *)o<i=ion
@Bhich liHelC entail= language a.out -u*e)io) ag)eeing to =uch, and Bhich -u*e)io) maC not due
un)ea=ona.lC, and in anC e<ent the :)ant= had =een Coughlin the)e =ince 6ugu=t 1th, &!11, had
manC con<e)=ation= Bith him, Be)e, at lea=t to =ome extent, aBa)e o+ the a))angement .etBeen
-Ban=on and Coughlin, and acJuie=ced to anC <iolation o+ anC =uch *)o<i=ion that maC exi=tA(
NR( ))*A+,-. Unla'ful rem#val #r e/!lusi#n #f "enan" #r 'illful in"erru%"i#n #f
essen"ial i"ems #r servi!es0 %r#!edure f#r e/%edi"ed relief(
1( 2+ the landlo)d unlaB+ullC )emo<e= the tenant +)om the *)emi=e= o) exclude= the tenant .C .locHing
o) attem*ting to .locH the tenantF= ent)C u*on the *)emi=e=, Bill+ullC inte))u*t= o) cau=e= o) *e)mit=
the inte))u*tion o+ anC e==ential item o) =e)<ice )eJui)ed .C the )ental ag)eement o) thi= cha*te) o)
othe)Bi=e )eco<e)= *o==e==ion o+ the dBelling unit in <iolation o+ NR- 1186(#8!, the tenant maC
)eco<e) immediate *o==e==ion *u)=uant to =u.=ection #, *)oceed unde) NR- 1186(38! o) te)minate
the )ental ag)eement and, in addition to anC othe) )emedC, )eco<e) the tenantF= actual damage=,
)ecei<e an amount not g)eate) than K&,!! to .e +ixed .C the cou)t, o) .oth(
O/53R P3R/2N3N/ ;64
NRCP 11 and a==ociated ca=e laB *)o<ide= that a Co)*o)ation, =uch a= -u*e)io) -to)age ;;C, cannot
a**ea) *)o =e <ia a manage) o) em*loCee, .ut, )athe), mu=t hi)e a laBCe)( Coughlin ha= had enough
o+ unlicen=ed hea)t =u)geon= =etting u* a cho* =ho* out=ide the Lu)i=diction o+ di=ci*lina)C autho)itie=,
and +ailing to .e )e=*on=i.le +o) the ine<ita.le calamitie= that taHe *lace(
NR( 1!8(#%31O!!u%an"2 defined+DOccu*antE include= a *e)=on #r a %ers#n3s
sub lessee su!!ess#r #r assi4nee '$# is en"i"led "# "$e e/!lusive use #f an
individual s"#ra4e s%a!e a" a fa!ili"5 %ursuan" "# a ren"al a4reemen"(
P6:3 6,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

NR- 1!8(#%# DRental ag)eementE de+ined( 1Ren"al a4reemen"2 means an5
'ri""en a4reemen" #r lease es"ablis$in4 #r m#dif5in4 "$e "erms !#ndi"i#ns #r
rules !#n!ernin4 "$e use and #!!u%an!5 #f an individual s"#ra4e s%a!e a" a
fa!ili"5
NR- 1!8(#%## 1Pr#"e!"ed %r#%er"52 de+ined( DP)otected *)o*e)tCE mean=
*e)=onal *)o*e)tC, the =ale o+ Bhich o) *)ohi.ition again=t the =ale o+ Bhich i=
)egulated .C =tate o) +ede)al laB( /he te)m include=, Bithout limitation:
1( D#!umen"s film #r ele!"r#ni! da"a "$a" !#n"ain %ers#nal inf#rma"i#n su!$
as s#!ial se!uri"5 numbers !redi" #r debi" !ard inf#rma"i#n ban& a!!#un"
inf#rma"i#n %ass%#r" inf#rma"i#n and medi!al #r le4al re!#rds rela"in4 "#
!lien"s !us"#mers %a"ien"s #r #"$ers in !#nne!"i#n 'i"$ an #!!u%an"3s
business+
NR- 1!8(#% 1=e o+ =to)age =*ace +o) )e=idence *)ohi.ited? e<iction? natu)e o+
+acilitC? e++ect o+ i==uance o+ document o+ title +o) *)o*e)tC(
1( 6 *e)=on s$all n#" use a s"#ra4e s%a!e a" a fa!ili"5 f#r a residen!e( /he
oBne) o+ =uch a +acilitC =hall e<ict anC *e)=on Bho u=e= a =to)age =*ace at the
+acilitC a= a )e=idence in the manne) *)o<ided +o) in NR- #!(%6!(
-o, Bhat i= a I)e=idenceIM
NR- #!(63! IRe=idenceI de+ined( IRe=idenceI mean= anC dBelling in Bhich
title to the indi<idual unit= i= t)an=+e))ed to the oBne)=(
4ell, that didnGt hel* much( But the heading Bhe)e that =tatuto)C =ection= lie=
conce)n= con=t)uction de+ect, =o(((
NR- #!(%6! (ummar5 evi!"i#n #f %ers#n usin4 s%a!e in fa!ili"5 f#r s"#ra4e as
residen!e(
1( 4hen a *e)=on i= u=ing a =to)age =*ace at a +acilitC a= a residen!e, the
oBne) o) the oBne)F= agent =hall =e)<e o) ha<e =e)<ed a notice in B)iting Bhich
di)ect= the *e)=on to cea=e u=ing the =to)age =*ace a= a )e=idence no late) than &#
hou)= a+te) )ecei<ing the notice( /he notice mu=t ad<i=e the *e)=on that:
@aA NR- 1!8(#% )eJui)e= the oBne) to a=H the cou)t to ha<e the *e)=on e<icted
i+ the *e)=on ha= not cea=ed u=ing the =to)age =*ace a= a )e=idence Bithin &# hou)=?
and
@.A T$e %ers#n ma5 !#n"inue "# use "$e s"#ra4e s%a!e "# s"#re "$e %ers#n3s
%ers#nal %r#%er"5 in a!!#rdan!e 'i"$ "$e ren"al a4reemen"(
&( 2+ the *e)=on doe= not cea=e u=ing the =to)age =*ace a= a )e=idence Bithin &#
hou)= a+te) )ecei<ing the notice to do =o, the oBne) o+ the +acilitC o) the oBne)F=
P6:3 %,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

agent =hall a**lC .C a++ida<it +o) =umma)C e<iction to the Lu=tice o+ the *eace o+
the toBn=hi* Bhe)ein the +acilitC i= located( /he a++ida<it mu=t contain:
@aA /he date the )ental ag)eement .ecame e++ecti<e(
@.A 6 =tatement that the *e)=on i= u=ing the =to)age =*ace a= a )e=idence(
@cA /he date and time the *e)=on Ba= =e)<ed Bith B)itten notice to cea=e u=ing
the =to)age =*ace a= a )e=idence(
@dA 6 =tatement that the *e)=on ha= not cea=ed u=ing the +acilitC a= a )e=idence
Bithin &# hou)= a+te) )ecei<ing the notice(
3( 1*on )ecei*t o+ =uch an a++ida<it the Lu=tice o+ the *eace =hall i==ue an o)de)
di)ecting the =he)i++ o) con=ta.le o+ the countC to )emo<e the *e)=on Bithin &#
hou)= a+te) )ecei*t o+ the o)de)( /he =he)i++ o) con=ta.le =hall not )emo<e the
*e)=onF= *e)=onal *)o*e)tC +)om the +acilitC(
#( "o) the *u)*o=e= o+ thi= =ection:
@aA D"acilitCE mean= )eal *)o*e)tC di<ided into indi<idual =to)age =*ace=( /he
te)m doe= not include a ga)age o) =to)age a)ea in a *)i<ate )e=idence(
@.A D-to)age =*aceE mean= a =*ace u=ed +o) =to)ing *e)=onal *)o*e)tC, Bhich i=
)ented o) lea=ed to an indi<idual #!!u%an" Bho ha= acce== to the =*ace(
Plea=e )emem.e), the te)m Ioccu*antI include a =u.$le==ee o) a==ignee:
NR( 1!8(#%31O!!u%an"2 defined+DOccu*antE include= a *e)=on #r a %ers#n3s
sub6lessee su!!ess#r #r assi4nee '$# is en"i"led "# "$e e/!lusive use #f an
individual s"#ra4e s%a!e a" a fa!ili"5 %ursuan" "# a ren"al a4reemen"(
NoB, the +olloBing i= +)om 1186, =o it might not a**lC .ut:
NR- 1186(!8! DDBellingE and DdBelling unitE de+ined( DDBellingE o) DdBelling
unitE mean= a =t)uctu)e o) the *a)t o+ a =t)uctu)e that i= occu*ied a=, o) de=igned o)
intended +o) occu*ancC a=, a )e=idence o) slee%in4 %la!e .C one *e)=on Bho
maintain= a hou=ehold o) .C tBo o) mo)e *e)=on= Bho maintain a common
hou=ehold(
(# "$e issue #f '$e"$er #r n#" #ne uses "$e ren"al as a 7slee%in4 %la!e7 ma5 be
dis%#si"ive #f "$e issue+ C#u4$lin $as n#" sle%" in ei"$er #f "$e uni"s a" (u%eri#r LLC even #ne
"ime+ Coughlin )ecentlC Ba= a <ictim o+ the =cou)ge o+ the unautho)i8ed *)actice o+ laB @in R0C
Re<&!1&$!!1!#8, a.out Bhich Chie+ Ci<il Cle)H -tancil admitted to )ecei<ing the attached 6,&6,1&
email +)om Coughlin to he), the R0C, the 4C-O, and othe)=, and Coughlin *e)=onallC Bitne==ed that
email .eing located in the +ile in the R0C +o) that matte) at one time, though one R0C em*loCee made
P6:3 8,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

=ome indication that it maC .e )emo<ed +)om the le+t hand =ide o+ the +ile, it Ba= the)e at one time i+ it
i= not the) noB( "u)the), =ho)tlC a+te) the 0une 1#th, &!1& daC Notice Ba= %#s"ed n#" %ers#nall5
served in Re<&!1&$!!1!#8, Coughlin called R0C Cle)H -tancil at lea=t once, i+ not mo)e time=, and
con+i)med that, gi<en the lacH o+ *e)=onal =e)<ice, and the daC= +o) mailing nece==a)ilC )eJui)ed,
Coughlin Bould ha<e until noon on 0une &8th, &!1& to +ile a /enantG= 6n=Be) and that one maC not
e<en technicallC .e )eJui)ed o) e<en *e)mi==i.le Bhe)e the Notice li=ted -*a)H= 0u=tice Cou)t a= the
+o)um to +ile( 2t i= im*e)mi==i.le +o) 0udge Pea)=on to clean u* NC-G= me==e= +o) them then maHe
Coughlin +oot the .illA that, un+o)tunatelC, =ome R0C 0udge= =eem to <ieB a= acce*ta.le, de=*ite NR-
1186 e==entiallC alloBing +o) a mega$co)* *)o*e)tC oBning in ten =tate= conglome)ate liHe 6C:$
6P>2 to a**ea) *)o =e, a= a co)*o)ation, )e*)e=ented .C a P)o*e)tC >anage), a *lain manage), o)
th)ough an Ie<iction con=ulting =e)<ice and *)oce== =e)<ing com*anC that al=o gi<e= CC4 cla==e=I in
Ne<ada Cou)t -e)<ice=, Bho=e unautho)i8ed *)acitce o+ laB ha= liHelC )e=ulted in the 4C-O getting
=ued incident to the 0une &8th, &!1& a))e=t o+ Coughlin @Bhich, R0C Chie+ Ci<il Cle)H 9a)en -tancil
admit= Ba= .a=ed u*on a ;ocHout O)de) that =hould not ha<e i==ued gi<en the Notice *)e=ented to the
Cou)t lacH one o+ the th)ee o) +ou) thing= it absolutely mu=t ha<e unde) the laB and NR- #!(&3A, .ut
Ba= =igned .C 0udge -ch)oede), de=*ite, in <iolation o+ Ba= the ;egi=latu)e +elt im*o)tant enough to
*a== 6B &&% and inco)*o)ate in NR- #!(&3, and =o in )eJui)e landlo)dG= to li=t, in the daC notice,
the cou)t Bhe)ein a /enant mu=t +ile an 6n=Be)A Bhe)e NC-G= 0enni+e) Chande), not an atto)neC o)
e<en a *a)alegal, a**a)entlC, d)a+te) a daC notice, .ut li=ted -*a)H= 0u=tice Cou)t a= the +o)um to +ile
a /enantG= 6n=Be)( Coughlin =u.mitted one +o) +iling to -*a)H= 0u=tice Cou)t, Bhich )eLected it(
Coughlin eithe) al)eadC had, o) Ba= a.out to =u.mit one to the R0C .C noon o+ 0une &8th, &!1&
@Bhich Bould ha<e .een the deadline had NC-G= *)oce== =e)<e), R( 4)aC not +iled a +al=e a++ida<it o+
-e)<ice atte=ting to ha<e e++ected *e)=onal =e)<ice Bhe)e, )eallC, all he did Ba= *o=t the notice on
P6:3 9,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1nit &9 Bith No)thBindG= manage) DBaCne 0aHo. in toB, a+te) the .oth Be)e un=ucce==+ul in
attem*ting to .)eaH and ente) and t)e=*a== into CoughlinG= )ental( No con+i)mation that a *e)=on o+
=uita.le age and di=c)etion Ba= in=ide Ba= *)ocu)ed, and the)e+o)e, no *e)=onal =e)<ice Ba= e++ected,
the)e+o), the 0une 1#th, &!1& DaC Notice had acco)ded an additional 3 daC= +o) mailing unde)
NRCP 6@eA @NR- #!(#!! maHe= a**lica.le he)e the NRCP, not the 0CRCP to landlo)d tenant
matte)=A((((.ut .e+o)e Coughlin could +ax in to the R0C and 6n=Be) @that he a)gua.lC Ba= not e<en
)eJui)ed to +iled, and Bhich Bould ha<e .e=t onlC .een a limited o) =*ecial a**ea)ance to conte=t
Lu)i=diction and the)e+o)e cau=e No)thBindG= Jua=i$atto)neC= to ex*lain to thei) client= BhC the notice
*e)iod Bould ha<e to =ta)t aneB a+te) NC- co))ect thei) e))o), ala=, 0udge Pea)=on made Coughlin
+oot the .ill, e<en Bhe)e the 4C-O O++ice a))e=ted Coughlin Bith a -CR 111@6A I=e)iou= c)imeI tC*e
mi=demeano) I)e=i=ting,+al=e =tatement to a *olice o++ice)I incident to e++ecting the locHout, e<en
though CoughlinG= 6,&6,1& email ale)ted e<e)Cone Bho might .e in<ol<ed that anC ;ocHout O)de)
Bould .e <oid, 0udge -ch)oede) =igned it anCBaC=((((and the 4C-O >achen and :ome8 +ailed to
identi+C them=el<e= in )e=*on=e to CoughlinG= Jue)ie= @.eCond, a**a)entlC, an cu)=o)C int)oducto)C
HnocH and announce, Bhich Coughlin Ba= not a.le to hea) the text o+ clea)lC gi<en he had on
head*hone= at the time, and that du)ing anC =u.=eJuent attem*t= to identi+C them=el<e=, a= i= =hoBn
on a <ideo o+ the a))e=t, anC identi+Cing =tatement= a)e com*letelC o.=cu)ed .C the +act that Coughlin
Ba= in an acou=ticallC )e=onant =mall )oom Bhile a metal o<e)head doo) Ba=, )ecHle== and
un)ea=ona.le coB.oC =tCle, .eing I=aB8$alledI o*en .C No)thBind maintenance man, >ilan 9)e.=,
Bho con=*i)ed Bith RPD O++ice) 6lan 4ea<e) and NC-G= 0e++ Chandle) to ha<e Coughlin a))e=ted on
0ulC 3)d, &!1&, incident to Bhich Coughlin =u=tained ma==i<e damage= and =*ent 18 daC= in Lail,
mo=tlC due to O++ice) 4ea<e) and -a)gent DCeG= +)aud at the 0ulC th, &!1& unnoticed .ail hea)ing
Bhe)ein the ca=h )eJui)ed to .ail out Coughlin Ba= inc)ea=ed .C a +acto) o+ ten, de=*ite the +act that
P6:3 1!,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

the CitC 6tto)neCG= o++ice ha= noB d)o**ed, Bithout condition, all cha)ge= exce*t +o) a K1% I+ailu)e
to =ecu)e a load on oneG= t)ucHI t)a++ic citation, and +u)the) )e+u=ed to alloB Coughlin to <ieB the
*a*e)Bo)H in<ol<ed Bith thei) a**ea)ance *)io) to demanding to <iolate the "ou)th 6mendment and
-oldal <( CooH Co and ente)ing CoughlinG= )ental and alloBing NC- and No)thBind to <ideo and
*hotog)a*h it= content=( Coughlin Ba= =u.Lect to a cu=todial a))e=t, and denied a *hone call +o) &!
hou)= o) anCthing to eat .C 4CDC Lail =tu++, +o) no )ea=on Bhat=oe<e) othe) than Coughlin i= one o+
the +eB atto)neCG= Bho actuallC thinH tenantG= ha<e anC )ight= Bhat=oe<e) in 4a=hoe CountC and the
)e=t o+ Ne<ada(
Anvui LLC v+ G+L+ Dra4#n LLC, 163 P(3d #! &33 ;6ND;ORD
6ND /3N6N/ &33H&98@1A H( 2n gene)al( Ne<(,&!!%( Comme)cial lea=e
*)o<iding +o) monthlC )ent, Bhich lea=e autho)i8ed immediate =ale o+ tenantG=
o*e)ation= at highe=t and .e=t *)ice *o==i.le i+ tenant .)eached the lea=e, Ba=
am.iguou= )ega)ding Bhethe) =uch a =ale Ba= landlo)dG= =ole )emedC +o) .)each o+
lea=e, Bhich am.iguitC Ba= a legal de+en=e to landlo)dG= =umma)C e<iction claim,
and thu=, landlo)d Ba= )eJui)ed to *u)=ue )e=titution o+ the *)emi=e=, i+ at all, in
non$=umma)C *)oceeding=( 4e=tG= NR-6 #!(&3 , #!(&9! et =eJ(
6 comme)cial tenant, .C tu)ning the *)emi=e= o<e) to a *)i<ate cont)acto)
*)o<iding .u= =e)<ice +o) *u.lic =chool=, Bithout o.taining the landlo)dG= a**)o<al
+o) =uch occu*ancC o) u=e o) +o) the tenantG= *)o*o=ed =u.lea=e to the .u= *)o<ide),
and .C alloBing the .u= *)o<ide) to continue to occu*C the *)emi=e= a+te) .eing
denied the landlo)dG= a**)o<al +o) =uch u=e o) =u.lea=e, <iolated lea=e *)o<i=ion=
limiting occu*ancC o+ the *)emi=e= to u=e= ge)mane to *u.lic utilitC u=e=, the)e.C
Lu=ti+Cing the landlo)dG= te)mination o+ the lea=e( Bo=ton 3di=on Co( <( :-;
3nte)*)i=e=, 2nc(, >a==( 6**( Ct( 11!8, %%1 N(3(&d &&9 @&!!&A(
-u*e)io) need= to *)oduce the ;ea=e 6g)eement .etBeen -Ban=on and -u*e)io) and anC
)ele<ant Ino =u.lea=ingI *)o<i=ion @Bhich liHelC entail= language a.out -u*e)io) ag)eeing to =uch,
and Bhich -u*e)io) maC not due un)ea=ona.lC, and in anC e<ent the :)ant= had =een Coughlin the)e
=ince 6ugu=t 1th, &!11, had manC con<e)=ation= Bith him, Be)e, at lea=t to =ome extent, aBa)e o+
the a))angement .etBeen -Ban=on and Coughlin, and acJuie=ced to anC <iolation o+ anC =uch
*)o<i=ion that maC exi=tA( 2t i= .eCond )idiculou= +o) -u*e)io) to go calling the *olice, in<oHing
P6:3 11,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

OOOOOOOOOOOOOOOOOOOOOOOOOOOOO

-oldal <( CooH Co, and th)eatening to, o<e)night, *)ettC much, th)oB aBaC CoughlinG= ext)emelC
<alua.le *)o*e)tC( Retaliato)C e<iction o+ tenant +o) )e*o)ting landlo)dG= <iolation o+ laB &3
6me)ican ;aB Re*o)t= th 1#! @199#A( /he Ne<ada -u*)eme Cou)tG= I;andlo)d /enant 5and.ooHI
indicate=: -umma)C 3<iction >o=t landlo)d= u=e the =umma)C e<iction *)oce==, and maC =end Cou
anC one o+ the +olloBing tC*e= o+ notice=:PaC Rent o) Nuit @7ou Bill )ecei<e a =ingle $daC noticeA,
6==ignment,(uble""in4, o) 1nlaB+ul Bu=ine== @7ou Bill )ecei<e a 3$ daC notice that Bill .e +olloBed
.C a $daC D1nlaB+ul Detaine)E noticeA( -u*e)io) Lu=t decided to Lu=t Icall one o+ ou) oBn =*ecial
co*=I Bith the RPD to ha<e come doBn and B)ecH =ho* +o) them( ;andlo)dG= 1n)ea=ona.le Re+u=al
to Con=ent to an 6==ignment o) a -u.lea=e, 1! 6m( 0u)( P)oo+ o+ "act= &d #81(
Ba=ed u*on the a.o<e, /enant )eJue=t= that thi= Cou)t:
1( "ind that the ;andlo)d ha= <iolated NR- 1186(39! and,o) NR- 1186(#8!?
&( 6==e== actual and =tatuto)C damage= again=t ;andlo)d not to exceed the Lu)i=dictional limit o+ the
0u=tice Cou)t(
3( 2==ue an immediate o)de) )e=to)ing me to the )ental unit and,o) )e=to)ing the utilitie= o) e==ential
=e)<ice= at the )ental unit? and
#( 3nLoin the ;andlo)d +)om <iolating the *)o<i=ion= o+ NR- 1186(39! and, i+ the ci)cum=tance= =o
Ba))ant, hold ;andlo)d in contem*t o+ cou)t(
2 decla)e, *u)=uant to NR- 3(!# =u.Lect to *enaltC o+ *e)Lu)C that the a==e)tion= made he)ein
a)e t)ue to the
.e=t o+ mC HnoBledge ha<e )ead the +o)egoing Ve)i+ied Com*laint and HnoB that the content= a)e
t)ue o+ mC oBn HnoBledge exce*t +o) tho=e matte)= the)ein =tated on in+o)mation and .elie+, and a= to
tho=e matte)=, 2 .elie<e them to .e t)ue(:
-u.mitted thi= &&nd o+ -e*tem.e) &!1& .C:
Zach Coughlin, -u.$tenant,Plainti++
P6:3 1&,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

PROO" O" -3RV2C3
2, Zach Coughlin, decla)e:
On -e*tem.e) &&nd &!1&, 2 =e)<ed the +o)egoing Verified C#m%lain" f#r Ille4al L#!&#u"
.C +axing, emailing, de*o=iting in the 1- >ail, and Bhe)e )eJui)ed, al=o ha<ing a non$*a)tC =o =e)<e
u*on:
-u*e)io) >ini -to)age
-u*e)io) -to)age ;;C
%%! 4 #th -t
89&3$891 $ Reno @4a=hoeA
/el( %%%#6#3&&
OBne): >a)<in DCe 0)
>anage)=: >att and 9en :)ant
-1P3R2OR -/OR6:3, ;;C( 3$>62;: =u*e)io)(=to)age'Cahoo(com( %%9 452/3 "2R -/R33/(
R3NO, NV 89&3( O""2C3: %%$%#6$#3&&( "6P: %%$%#6$9%#1(
Dated thi= &&nd daC o+ -e*tem.e) &!1&
Zach Coughlin
Plainti++,-u.$/enant
P6:3 13,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

INDE8 TO E89I:IT(
1( 3xhi.it 1: <a)iou= )ele<ant and =u**o)ting mate)ial=: tBo hund)ed and +i+tC +i<e *age= @&A(
P6:3 1#,1# V3R2"23D CO>P;62N/ "OR 2;;3:6; ;OC9O1/
EXHIBIT 1
EXHIBIT 1

Zach Coughlin
PO Box 3961
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotail!co
"en an# $att% $anage&'
(u)e&io& (to&age **C
7750 +! ,ou&th (t! -.t $a/0e&&/1 2eno% 34 89523
7795 +hite ,i& (t! 2eno% 34 89523
Phone: 775574654322 ,ax: 775574659741
(e)te0e& 14th% 2012%
6 ha7e 0een g&ante# acce'' to an# the u'e of a &ental locate# in /ou& facilit/! 8he othe& #a/ /ou
exclu#e# e f&o the&e 0/ #eacti7ating the gate co#e! 9ou a#itte# /ou ha# neithe& )o'te# no&
aile# an/ 'o&t of notice% an# in'tea# &elie# u)on a )u&)o&te# )&o7i'ion in the &ental ag&eeent that
allo:' /ou to #o 'o 'houl# the &ent not 0e )ai# 0/ the tenth #a/ of the onth! .n/ 'uch )&o7i'ion i'
unenfo&cea0le un#e& 3e7a#a la: in / o)inion% 0ut )lea'e #o not &el/ on it a' legal a#7ice! 8o the
extent 6 ha7e a &ight to acce'' the &ental% 6 a )&o7i#ing /ou notice that /ou a&e no: in 7iolation of
3e7a#a la:' &elate# to illegal loc;out'!
9ou in#icate the &ental ag&eeent allo:' /ou to #ean# f&o e / #&i7e&<' licen'e fo& :hich
/ou #e'i&e to ;ee) a co)/% e7en to the extent it contain' )e&'onall/ i#entifia0le info&ation% 'uch a' a
#&i7e&<' licen'e nu0e&! Plea'e )&o7i#e e )&oof that the &ental ag&eeent in#icate' that! =7en to the
extent it #oe'% 6 0elie7e that )&o7i'ion i' unenfo&cea0le un#e& 3e7a#a la:!
6 ha7e 0een #aage# 0/ /ou& &efu'al to allo: e acce'' to that :hich 6 a la:full/ entitle# to
acce''! Plea'e &e7ie: (ol#al 7! Coo; Count/!
*a't 8hu&'#a/% 6 0elie7e% 6 :a' the&e an "en e''entiall/ tol# e the )eo)le next #oo& :he&e
o7ing the follo:ing #a/ an# not to get in the&e :a/! .' u'ual% 6 chee&full/ ag&ee# to :hate7e& "en
:ante#! >e :al;e# into the unit to 'a/' thi'% an# the #oo& :a' o)en% 0ut!!!6 thin; it :a' (un#a/ :hen 6
:ent 0ac; an# "en :a' the&e 'eeingl/ hel)ing the next #oo& occu)ant' o7e out% an# he in#icate# to
e that he ha# tol# e enough to in#icate that 6 'houl#n<t ha7e coe 0ac; until 8ue'#a/ o& 'o!!!
One 'ection of 3e7a#a<' a))lica0le 'tatute -a/ ha7e to get a co)ute& o& la:/e& an# :o&; that
out /ou&'elf1 in#icate' that: ?Unpaid charges: Termination of occupants right to use space; notice;
imposition of lien. 1! 6f an/ cha&ge' fo& &ent o& othe& ite' o:e# 0/ the occu)ant &eain un)ai# fo& 14
#a/' o& o&e% the owner may terminate the occupants right to use his individual space for storage
at the facility not less than" X "days after ....." an# then the 'tatute goe' on to ex)lain :hat it i' /ou
u't #o! 6 a not /ou& atto&ne/% an# it i' /ou& ha''le to figu&e that out 'ince /ou :i'h to ha''le e% 6
:ill let /ou ta;e 'oe of /ou& tie to #o that
(ince&el/% Zach Coughlin
1@1
SUPREME COURT
OF
NEVADA
(0) 1947A
126 Nev., Advance Opinion 3 Z.
IN THE SUPREME COURT OF THE STATE OF NEVADA
RENATE SCHIFF, TRUSTEE, SCHIFF
PROPERTIES,
Appellant,
vs.
CALVIN WINCHELL, AN INDIVIDUAL
D/B/A CGL SEAFOOD, INC.,
Respondent.
No. 53168
FILED
AUG 1 2 2010
Appeal from a district court amended judgment in an
insurance action. Eighth Judicial District Court, Clark County; David
Wall, Judge.
Mfirmed.
Muije & Varricchio and John W. Muije, Las Vegas,
for Appellant.
Glade L. Hall, Reno,
for Respondent.
BEFORE HARDESTY, DOUGLAS and PICKERING, JJ.
OPINION
By the Court, DOUGLAS, J.:
In this appeal, we consider whether the district court erred
in determining that the date of the original judgment on a jury verdict,
rather than the date of an amended judgment entered on remand, was
the appropriate date for determining the rate of prejudgment interest.
We conclude that the district court did not err and that the appropriate
SUPREME COURT
OF
NEVADA
(0) 1947A
date for determining prejudgment interest IS the date the original
judgment was entered.
FACTS
The initial suit in this case involved a dispute between a
commercial landlord and tenant. Respondent Calvin Winchell sued
appellant Renate Schiff, as trustee of Schiff Properties, for conversion.
The matter proceeded to trial and the jury found in Winchell's favor. On
March 7, 2006, the district court entered a judgment against Schiff,
awarding Winchell monetary damages. The judgment was appealed and
this court issued an opinion on October 9, 2008, affirming in part,
reversing in part, and remanding with instructions to offset Winchell's
award of damages by the amount he recovered under his insurance
policy. See Winchell v. Schiff, 124 Nev. 938, 193 P.3d 946 (2008).
Pursuant to our instructions, the district court entered an amended
judgment on December 9,2008.
During proceedings on remand, the parties presented
arguments regarding which judgment date should be used to determine
the rate of prejudgment interest. Schiff argued that December 9, 2008,
the date the amended judgment on remand was entered, is the
appropriate date for determining the prejudgment interest rate.
Conversely, Winchell argued that March 7, 2006, "[t]he date the
[original] judgment [was] entered[,] should be the date that prejudgment
interest should be set."
After hearing arguments from both parties, the district court
determined that the proper date for determining the prejudgment
interest rate was March 7, 2006, the date the original judgment was
entered. This appeal followed.
2
SUPREME COURT
OF
NEVADA
(0) 1947A
DISCUSSION
Schiff argues that the only appropriate judgment date for
purposes of determining prejudgment interest is December 9, 2008.
Schiff reasons that although the original judgment was entered
pursuant to the jury verdict on March 7, 2006, the only time an accurate
damage amount was conclusively determined was December 9, 2008.
Schiff contends that since the damage amount was not conclusively
determined and liquidated until the entry of the amended judgment
after remand on December 9, 2008, the March 2006 date should not be
the operative date for purposes of fixing the interest rate. Accordingly,
Schiff asserts that this court should reverse the judgment as entered and
direct the district court to enter a corrected judgment with interest set
.. by the rate effective on the December 9, 2008, amended judgment date.
Winchell counters that Lee v. Ball, 121 Nev. 391, 116 P.3d
64 (2005), clearly states that the appropriate interest rate for
prejudgment interest is "the single rate in effect on the date of
judgment." Id. at 396, 116 P.3d at 67. Winchell argues that public
policy requires the effective interest rate be set on the date judgment is
entered, rather than after an appeal has been settled, because the date
judgment is entered is closer in time to the plaintiffs loss. Further,
Winchell suggests that setting the interest rate after an appeal would
provide an incentive for parties to pursue an appeal in hopes that the
interest rates will decrease over the course of the appeal.
Schiff responds by arguing that the unusual circumstance of
a significant modification to a judgment in this case requires that the
operative date for determining prejudgment interest be the date of entry
of the amended judgment after remittitur. Accordingly, Schiff argues
that "the date that a final undisputed, liquidated damage amount is
3
SUPREME COURT
OF
NEVADA
(0) 1947A
established is the date that should control" the applicable interest rate,
and therefore, December 9, 2008, is the operative date for determining
the prejudgment interest rate in this case.
Standard of review
"We review an award of prejudgment interest for error."
Kerala Properties, Inc. v. Familian, 122 Nev. 601, 604, 137 P.3d 1146,
1148 (2006). Pursuant to NRS 17.130(1) prejudgment interest is
awarded on judgments "for any debt, damages, or costs." Further, NRS
17.130(2) allows for the award of prejudgment interest, and provides
that
When no rate of interest is provided by contract
or otherwise by law, or specified in the
judgment, the judgment draws interest from the
time of service of the summons and complaint
until satisfied, except for any amount
representing future damages, which draws
interest only from the time of the entry of the
judgment until satisfied, at a rate equal to the
prime rate at the largest bank in Nevada as
ascertained by the Commissioner of Financial
Institutions on January 1 or July 1, as the case
may be, immediately preceding the date of
judgment, plus 2 percent. The rate must be
adjusted accordingly on each January 1 and July
1 thereafter until the judgment is satisfied.
This court has said that "until satisfied" in NRS 17.130(2) occurs upon
the entry of the judgment in the district court.! Lee, 121 Nev. at 396,
116 P.3d at 67.
lLee states, "[u]nder the plain language of NRS 17.130(2), the
district court should have calculated prejudgment interest at the single
continued on next page . ..
4
SUPREME COURT
OF
NEVADA
(0) 1947A
Date of judgment
We first look to statutory authority to determine which
judgment date triggers the applicable interest rate. NRS 17.130(2)
provides, in relevant part, that the interest rate to be applied to any
prejudgment interest is the rate that is established "immediately
preceding the date of judgment." In this appeal, the district court
entered a judgment on the jury's verdict in March 2006 and the amended
judgment upon remand was entered in December 2008. Under NRS
17.130(2)'s plain language, we have not previously been called upon to
determine what judgment date applies when this court affirms in part,
reverses in part, and remands the matter to the district court with
instructions to offset a plaintiffs award. Thus, we turn to a Nevada rule
governing a similar issue and caselaw from other states for guidance.
NRAP 37 establishes the judgment date for purposes of the
accrual of post-judgment interest when an appeal has been decided by
this court. Logically, the judgment date is the same for purposes of
determining the appropriate rate of prejudgment interest. Pursuant to
NRAP 37(a), "[u]nless the law provides otherwise, if a money judgment
in a civil case is affirmed, whatever interest is allowed by law is payable
from the date when the district court's judgment was entered."
Further, NRAP 37(b) states, "[i]f the court modifies or
reverses a judgment with a direction that a money judgment be entered
... continued
rate in effect on the date of judgment." Lee, 121 Nev. at 396, 116 P.3d at
67.
5
SUPREME COURT
OF
NEVADA
(0) 1947A
in the district court, the mandate must contain instructions about the
allowance of interest." In our previous opinion, this court did not modify
or reverse the judgment with a direction that a judgment for money be
entered; we affirmed the judgment for money but remanded with
instructions to offset Winchell's judgment by the amount he recovered
under his insurance policy. Winchell, 124 Nev. at 949-50, 193 P.3d at
953-54. This court has not previously made a determination as to
whether a modification to the amount of a money judgment constitutes
an affirmation or a reversal of the original judgment. We take the
opportunity to do so now.
In neighboring states, courts have determined that when a
judgment is modified on appeal, the modification is treated as an
affirmation of judgment and interest accrues from the date of entry of
the original judgment. Pearson v. Schmitt, 492 P.2d 269, 270 (Or. 1971)
("The view as now taken by a majority of the states is that where a
money award has been modified on appeal ... then the interest on the
award, as modified, should run from the date of original judgment.");
L. R. James, Annotation, Date From Which Interest on Judgment Starts
Running, as Affected by Modification of Amount of Judgment on Appeal,
4 A.L.R. 3d 1221 (1965 & Supp. 2010); Stockton Theatres, Inc. v.
Palermo, 360 P.2d 76, 78 (Cal. 1961); Munoz v. City of Union City, 92
Cal. Rptr. 3d 527, 531 (Ct. App. 2009); Lakin v. Senco Products, Inc., 987
P.2d 476, 478 (Or. 1999); Brown v. David K. Richards & Co., 978 P.2d
470, 477 (Utah Ct. App. 1999); Fulle v. Boulevard Excavating, Inc.,
610 P.2d 387, 389 (Wash. Ct. App. 1980). Each of these states considers
any modification on appeal, whether upward or downward, as an
affirmation of the original judgment. Stockton Theatres, 360 P.2d at 78;
6
SUPREME COURT
OF
NEVADA
(0) 1947A ~
Munoz, 92 Cal. Rptr. 3d. at 531; Brown, 978 P.2d at 477; Lakin, 987 P.2d
at 478; Fulle, 610 P.2d at 389. We adopt the same rationale for Nevada.
Since this court effectively affirmed the original judgment in
the prior appeal in this case, we conclude that the original date of the
district court judgment should set the prejudgment interest rate as set
forth in NRS 17.130(2). Accordingly, we affirm the amended judgment
of the district court.
~ u r l ~
Douglas
J.
We concur:
J.
Hardesty
J.
7
Hotmail Print Message
Reno eviction noticed for Sparks Justice Court
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Tue 6/26/12 7: 58 AM
To: sheriffweb@washoecounty.us; Istuchell@washoecounty.us; kstancil@washoecounty.us;
chansen@washoecounty.us; milllerr@reno.gov
Dear Sparks Justice Court, WCSO, RPD, and Reno Justice Court.
Page lof2
I have received (though not personally served) what appears to be an eviction notice (5 day unlawful
detainer?) for rentals located at 1680 Sky Mountain Drive, Reno, 89523, but the notice indicates that I
must file a Tenant's Answer with the Sparks Justice Court.
Am I mistaken in viewing this matter to be outside the jurisdiction of the Sparks Justice Court, and
rather, a matter to be handled in Reno Justice Court?
Given Sparks Justice Court is open 5 days a week (closes at noon on Fridays) and Reno Justice Court
has 4 judicial days a week, the deadline for filing a special appearance (to contest jurisdiction) and or a
Tenant's Answer of Affidavit is difficult to measure.
I spoke with a Reno Police Department who identified himself as Sargent Miller last week and he
indicated the WCSO planned to come effectuate an eviction on this date, June 26, 2012. I believe that
would be premature, as Nevada Landlord Tenant law provides for filing a Tenant's Answer or Affidavit
by noon after the fifth fUl/day (judicial days) and Fridays in Sparks Justice Court are not ful/ days in that
sense, and regardless, Sparks Justice Court, I believe, is not the appropriate forum where, as here, the
situs is located in Reno (Ward 1-nap?)
Sincerely,
Zach Coug hlin
PO BOX 3961
Reno, NV 89505
tel 775 338 8118
fax 949 667 7403
Civil Division
630 Greenbrae Drive
Sparks, Nevada 89431
(775)353.7603 Phone
(775)352.3004 Fax
Civil Department Supervisor
Chris Hansen
chansen@washoecountv.us
The Civil Division of Sparks Justice Court is made up of three major functions:
Civil
Civil Complaints for damages in excess of $5000 or if a suit involves a breach of contract, punitive
damaqes, an action to obtain possession of property, a writ of restitution, or other like actions, leqal
https://bay 148.mail.live.com/maillPrintMessages. aspx?cpidFfe88a9f7 -28f4-496d-b550-5a... 7/25/2012
Hotmail Print Message
counsel is suggested for these types of actions.
Evictions
An act or process of legally dispossessing a person of land or rental property.
Small Claims
Page 2 of2
An action filed in order to obtain a monetary judgment. Claims must not exceed $5000. A small claims
action may be filed with the Sparks Justice Court if one of the following applies to the defendant:
1. They reside within the boundaries of the Sparks Township;
2. They are employed within the boundaries of the Sparks Township; and/or,
3. They do business within the boundaries of the Sparks Township.
https://bay 148.mail.live.com/maillPrintMessages. aspx?cpidFfe88a9f7 -28f4-496d-b550-5a... 7/25/2012

5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Electronically Filed
Aug 27 2012 09:17 a.m.
Tracie K. Lindeman
Clerk of Supreme Court
ZACHARY BARKER COUGHLIN; '
'
Appellant. '
' S(p)e*e C%()t N%+ ,-../
!. '
'
MATT MERLISS" MD; MATTHE# $. D0!t)01t C%()t N%+ CV//2-.,34
MERLISS LIVING TRUST;
Re!p%n&ent!
.
APPELLANT5S MOTION TO CONTINUE IN FORMA PAUPERIS OR FOR E6TENSION OF
TIME TO PAY FILING FEE
Appellant C%(78l0n !(9*0t! t80! M%t0%n %n 80! %:n 9e8al; )e<(e!t0n7 t8e a9%e t0tle& )el0e;.
FACTS
/. T8e T)0al C%()t 0n R$C Re3-//2--/=-4 7)ante& C%(78l0n5! M%t0%n t% P)%1ee& %n Appeal
IFP.
LAW
NRAP RULE>3?.>>PROCEEDINGS IN FORMA PAUPERIS
(a)Leave to Proceed on Appeal in Forma Pauperis.
(1)Motion in the istrict Court.>>E@1ept a! !tate& 0n R(le 3?Aa'A.'" a pa)tB t% a &0!t)01t 1%()t
a1t0%n :8% &e!0)e! t% appeal 0n ;%)*a pa(pe)0! !8all ;0le a *%t0%n 0n t8e &0!t)01t 1%()t. T8e pa)tB
!8all atta18 an a;;0&a0t t8at+
- /CD -
APPELLANT5S MOTION TO PROCEED IN FORMA PAUPERIS OR FOR AN E6TENSION OF
Docket 60331 Document 2012-26942
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

>

>>

>>

>

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII

AA'>!8%:! 0n t8e &eta0l p)e!1)09e& 9B F%)* ? 0n t8e Appen&0@ %; F%)*! t8e pa)tBE!
0na90l0tB t% paB %) t% 70e !e1()0tB ;%) ;ee! an& 1%!t!;
AB' 1la0*! an ent0tle*ent t% )e&)e!!; an&
AC'>!tate! t8e 0!!(e! t8at t8e pa)tB 0nten&! t% p)e!ent %n appeal.
(!)Action on the Motion. I; t8e &0!t)01t 1%()t 7)ant! t8e *%t0%n" t8e pa)tB *aB p)%1ee& %n
appeal :0t8%(t p)epaB0n7 %) 700n7 !e1()0tB ;%) ;ee! an& 1%!t!. I; t8e &0!t)01t 1%()t &en0e! t8e
*%t0%n" 0t *(!t !tate 0t! )ea!%n! 0n :)0t0n7.
(") Prior Approval. A part# $ho $as permitted to proceed in %orma pauperis in a civil
district court action ma# proceed on appeal in %orma pauperis :0t8%(t ;()t8e) a(t8%)0Fat0%n"
(nle!! t8e &0!t)01t 1%()tG9e;%)e %) a;te) t8e n%t01e %; appeal 0! ;0le&G1e)t0;0e! t8at t8e appeal 0! n%t
taHen 0n 7%%& ;a0t8 %) ;0n&! t8at t8e pa)tB 0! n%t %t8e):0!e ent0tle& t% p)%1ee& 0n ;%)*a pa(pe)0! an&
!tate! 0n :)0t0n7 0t! )ea!%n! ;%) t8e 1e)t0;01at0%n %) ;0n&0n7.
(&)'otice o% istrict Court(s enial.>>T8e &0!t)01t 1%()t 1le)H !8all 0**e&0atelB n%t0;B t8e
pa)t0e! an& t8e S(p)e*e C%()t :8en t8e &0!t)01t 1%()t &%e! anB %; t8e ;%ll%:0n7+
AA'>&en0e! a *%t0%n t% p)%1ee& %n appeal 0n ;%)*a pa(pe)0!;
AB' 1e)t0;0e! t8at t8e appeal 0! n%t taHen 0n 7%%& ;a0t8; %)
AC'>;0n&! t8at t8e pa)tB 0! n%t %t8e):0!e ent0tle& t% p)%1ee& 0n ;%)*a pa(pe)0!.
())Motion in the Supreme Court.>>A pa)tB *aB ;0le a *%t0%n t% p)%1ee& %n appeal 0n ;%)*a
pa(pe)0! 0n t8e S(p)e*e C%()t :0t80n .- &aB! a;te) !e)01e %; t8e n%t01e p)e!1)09e& 0n R(le 3?Aa'
A?'. T8e *%t0%n !8all 0n1l(&e a 1%pB %; t8e a;;0&a0t ;0le& 0n t8e &0!t)01t 1%()t an& a 1%pB %; t8e
&0!t)01t 1%()tE! !tate*ent %; )ea!%n! ;%) 0t! a1t0%n. I; n% a;;0&a0t :a! ;0le& 0n t8e &0!t)01t 1%()t" t8e
pa)tB !8all 0n1l(&e t8e a;;0&a0t p)e!1)09e& 9B R(le 3?Aa'A/'.
(*)+eserved.
(c)Leave to ,se -ri.inal +ecord.>>A pa)tB all%:e& t% p)%1ee& %n appeal 0n ;%)*a pa(pe)0!
*aB )e<(e!t t8at t8e appeal 9e 8ea)& %n t8e %)070nal )e1%)& :0t8%(t )ep)%&(10n7 anB pa)t.
AnB O)&e) 9B t8e D0!t)01t C%()t 1e)t0;B0n7 t8at C%(78l0n 0! n%t %t8e):0!e ent0tle t% p)%1ee& 0n ;%)*a pa(pe)0! &0
&n%t !(;;010entlB !tate t8e )at0%nale" %) a !(pp%)ta9le )at0%nale ;%) !(18 a 1e)t0;01at0%n 0n :)0t0n7" 0n anB !%)t %; &eta0l
!(;;010ent t% !tat0!;B t8e a9%e )(le F()t8e)" 0t 0! (n1%n1%n!t0t(t0%nal t% &enB pa)t0e! an %pp)%t(n0tB t% appeal !(18 &ena0l!
(n&e) NRS /3.-/D.
Date& t80! &aB 3,t8 &aB %; A(7(!t" 3-/3.
Re!pe1t;(llB S(9*0tte& BB+
LAW -FF/C0 -F 1AC2A+3 4A+50+ C-,62L/'7 0S8.
1AC2A+3 4A+50+ C-,62L/'7 0S8.
'evada 4ar 'o. 9&:"
P.-. 4o; "9<1
+eno7 '= >9)?)
Telephone@ ::)."">.>11>
- 3CD -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Fa;@ 9&9.<<:.:&?!
Pro se Appellant
- .CD -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

P+--F -F S0+=/C0
I a* a )e!0&ent %; t8e State %; Nea&a" %e) t8e a7e %; e078teen Bea)!. MB 9(!0ne!! a&&)e!! 0!
PO BO6 .J,/. On A(7(!t 3,t8" 3-/3" t8e ;%ll%:0n7 &%1(*entA!' :e)e !e)e& %n t8e pa)tBA0e!'
9el%:+
APP0LLA'TAS M-T/-' T- P+-C00 /' F-+MA PA,P0+/S
6 BB Un0te& State! Ma0l2 a t)(e 1%pB %; t8e &%1(*entA!' l0!te& a9%e ;%) 1%lle1t0%n an& *a0l0n7
;%ll%:0n7 t8e ;0)*5! %)&0na)B 9(!0ne!! p)a1t01e 0n a !eale& enel%pe :0t8 p%!ta7e t8e)e%n ;(llB p)epa0&
;%) &ep%!0t 0n t8e Un0te& State! *a0l at Ren%" Nea&a a&&)e!!e& a! !et ;%)t8 9el%: (nle!! t8e )e10p0ent
1an te18n01allB 9e !e)e& ele1t)%n01allB" t8en t8eB :e)e !% !e)e& ele1t)%n01allB.
6 BB Fa1!0*0le T)an!*0!!0%n 2 t8e t)an!*0!!0%n :a! )ep%)te& a! 1%*plete an& :0t8%(t e))%). A
1%pB %; t8e t)an!*0!!0%n )ep%)t" p)%pe)lB 0!!(e& 9B t8e t)an!*0tt0n7 *a180ne" 0! atta18e& t% t8e 8a)&
1%pB. T8e na*e! an& ;a1!0*0le n(*9e)! %; t8e pe)!%nA!' !e)e& a)e a! !et ;%)t8 9el%:.
+/C2A+ 6. 2/LL7 0S8.
<)! Forest St.
+eno7 'evada >9)?9
Telephone@ (::)) "&>B?>>>
Fa;@ (::)) "&>B?>)>
Attorne# %or +espondent Merliss
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
1AC2A+3 4A+50+ C-,62L/'7 0S8.
Pro se Appellant
- ?CD -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

/'0C T- 0C2/4/TS
1. 0C2/4/T 1@ +AFT -F APP0LLA'TAS -P0'/'6 4+/0F APP0LLA'T W/S20S T-
2A=0 F/L0 thirt# si; ("<) pa.es
- DCD -
EXHIBIT 1
EXHIBIT 1
Docket60331 Document2012-26942
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
ZACHARY BARKER COUGHLIN; '
'
Appellant. '
' S(p)e*e C%()t N%+ ,-../
!. '
'
MATT MERLISS" MD; MATTHE# $. D0!t)01t C%()t N%+ CV//2-.,34
Re!p%n&ent!
.
APPELLANT5S OPENING BRIEF SET FORTH HEREIN
ZACHARY BARKER COUGHLIN, ESQ.
LAW OFFICE OF ZACHARY BARKER COUGHLIN, ESQ.
P.O. Box 3961
Reno, N !9"#"
$e%e&'one( ))".33!.!11!
F*x( 9+9.66).)+#,
P-o Se A&&e%%*n.
RICHAR/ G. HILL, ESQ.
6", Fo-e0. S..
Reno, Ne1*2* !9"#9
$e%e&'one( 3))"4 3+!5#!!!
F*x( 3))"4 3+!5#!"!
A..o-ne6 7o- Re0&on2en. 8*..'e9 :. 8e-%;00
- /6., -
APPELLANT5S OPENING BRIEF
5
10
15
20
25

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
ZACHARY BARKER COUGHLIN;
Appellant.
!.
'
'
'
'
'
S(p)e*e C%()t N%+ ,-../
MATT MERLISS" MD; MATTHE# $.
D0!t)01t C%()t N%+ CV//2-.,34
Re!p%n&ent!
T7e (n&e)!08ne& 1%(n!el %9 )e1%)& 1e)t090e! t7at t7e 9%ll%:0n8 a)e pe)!%n! an& ent0t0e! a!
&e!1)0;e& 0n NRAP 3,./<a' an& *(!t ;e &0!1l%!e&. T7e!e )ep)e!entat0%n! a)e *a&e 0n %)&e) t7at
=(&8e! %9 t70! 1%()t *a> eal(ate p%!!0;le &0!?(al0901at0%n %) )e1(!al. C%(n!el %9 )e1%)& 9%) Appellant
Za17a)> Ba)@e) C%(87l0n a@a Za17a)> Ba)@e) C%(87l0n" E!?." 1e)t090e! t7at Appellant 0! an 0n&00&(al
:0t7 n% 1%)p%)ate pa)ent!" p)0ate %) p(;l01" an& n% !t%1@ e0&en10n8 an %:ne)!70p 0nte)e!t 0n
Appellant" %t7e) t7an Appellant" n% %t7e) pa)t> a990l0ate& :0t7 Appellant 7a! an 0nte)e!t 0n t7e
%(t1%*e %9 t70! 1a!e. T7e %nl> la: 90)* %) att%)ne> t% appea) 9%) Appellant 0n t70! appeal an&
p)%1ee&0n8! ;el%: 0! Za17a)> Ba)@e) C%(87l0n" E!?.
Re!pe1t9(ll> S(;*0tte& B>+
Ne1*2* B*- No. 9+)3
P.O. Box 3961
Reno, N !9"#"
$e%e&'one( ))".33!.!11!
F*x( 9+9.66).)+#,
- 36., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
TABLE OF CONTENTS
PAGE
TABLE OF AUTHORITIES
I. STATEMENT OF ISSUES PRESENTED ......................................................................... B
II. STATEMENT OF THE CASE ........................................................................................... B
A. B)0e9 Nat()e O9 T7e Ca!e ........................................................................................ B
B. P)%1e&()al H0!t%)> O9 T7e Ca!e .............................................................................. B
C. Releant Fa1t! .......................................................................................................... ,
D. Stan&a)& %9 Re0e:..................................................................................................,
III. ARGUMENT .................................................................................................................... ,
A. S(**a)> O9 T7e A)8(*ent ......................................... ,
B. THE LO#ER COURTS ERRED IN ISSUING6UPHODLING A SUMMARY
EVICTION ORDER IN THE FACE OF ESTABLISHED LEGAL DEFENSES" CLEAR
$URISDICTIONAL DEFECTS" PROCEDURAL AND SUBSTANTIVE DUE PROCESS
DEFICIENCIES" MISTAKES OF LA#" ETC." ETC. .................................C
IV. CONCLUSION ................................................................................................. /B
V. CERTIFICATE OF COMPLIANCE ............................................................ /C
VI. CERTIFICATE OF MAILING...................................................................... 3-
&0&n5t 8et t% 90le Repl> t% Re!p%n&ent5! An!:e)0n8 B)0e9 %9 3 3D /3 ;e1a(!e RMC $(&8e Na!7
H%l*e! <:7%* 90le& 8)0ean1e a8a0n!t C%(87l0n :0t7 State Ba) 9%)*08n t7e ;a!0! %9 pen&0n8 SCR
//C D0!a;0l0t> Pet0t0%n' 90n&0n8 C%(87l0n 0n E!(**a)> 1)0*0nal 1%nte*ptE !e1%n& a9te) C%(87l0n
te!t090e& t7at a RPD Sa)8ent l0e& 0n 1%nne1&t0%n :0t7 C%(087l0n ;e0n8 0!!(e& t7)ee t)a9901 10tat0%n!
0**e&0atel> a9te) ;e0n8 t%l& ;> t7e RPD t% leae R017a)& G. H0ll" E!?.5! la: %9901e" :7e)e C%(87l0n
:ent t% )e?(e!t 9)%* H0ll t7e )et()n %9 C%(87l0n5! &)0e)5! l01en!e an& :allet an& 1l0ent 90le! 9%ll%:0n8
C%(87l0n !pen&0n8 t7)ee &a>! 0n =a0l p()!(ant t% H0ll5! 7a0n8 t7e RPD a))e!t C%(87l0n 9%) 1)0*0nal
t)e!pa!! at t7e 9%)*e) la: %9901e" &e!p0te a 9)a(&(lent A990&a0t %9 Se)01e ;> t7e #CSO Ma17en
1la0*0n8 7e Epe)!%nall> !e)e&E t7e E01t0%n O)&e)" 9a0l()e %t 1%*pl> :0t7 NRCP ,<e'" NRS D-.D--"
an& :7e)e t7e RPD O9901e) a))e!t0n8 C%(87l0n a&*0tte& t% C%(87l0n t7at 7e t%%@ ;)0;e! 9)%* H0ll
<t7at RPD O9901e) *a> 7ae ;een ;e0n8 !a)1a!t01 %) n%t" ;(t a))e!t0n8 an att%)ne> 9%) 1)0*0nal t)e!pa!!
0n10&ent t% an e01t0%n 9)%* 70! 7%*e la: %9901e 0! 7a)&l> t0*e t% *a@e =%@e!'...C%(87l0n !e)e& a B
&a> =a0l !ta>" 0n10&ent t% t7at t)a9901 10tat0%n T)0al ;e9%)e $(&8e Na!7 H%l*e! 0n // TR 3,4--"
- .6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
:7e)e0n" at %ne p%0nt" $(&8e Na!7 H%l*e! !tate& t% C%(87l0n" EI9 >%( !a> R017a)& H0ll5! na*e %ne
*%)e t0*e I a* 8%0n8 t% p(t >%( 0n =a0l 9%) 1%nte*ptFE
n a late) 1a!e 0n :7017 %9901e)! a!!0!te& a lan&l%)& 0n a &0!p(te :0t7 a tenant" t7e 1%()t 9%(n& t7at
t7e> :e)e n%t ent0tle& t% ?(al090e& 0**(n0t> %n a 9al!e a))e!t 1la0*. In Ra&an!@> . Ol*!te& Fall!"
G-.2.CH4" .HB F..& 3H/ <,t7 C0). 3--B'" p%l01e a))e!te& a *an...S%l&al . C%%@ C%(nt>" Ill0n%0!" GH/2
,B/," B-, U.S. B, </HH3' 0n%le& a 9a*0l> t7at l0e& 0n a *%;0le 7%*e t7at t7e> %:ne&" :7017 !t%%&
%n )ente& lan& 0n a t)a0le) pa)@. #70le 9%)*al e01t0%n p)%1ee&0n8! :e)e pen&0n8" t7e %:ne)! %9 t7e
lan& an& t7e0) a8ent p)%1ee&e& t% 9%)10;l> e01t t7e tenant!. At t7e )e?(e!t %9 t7e lan&l%)&I! a8ent"
&ep(t0e! 9)%* t7e S7e)099I! Depa)t*ent :e)e t7e)e at t7e e01t0%n. T7e 9a*0l> 1la0*e& t7at t7e
&ep(t0e! @ne: t7at t7e e01t0%n :a! 0lle8al an& t7at t7e)e :a! n% e01t0%n %)&e) 9)%* a 1%()t" ;(t t7at
t7e> )e9(!e& t% ta@e t7e0) 1%*pla0nt 9%) 1)0*0nal t)e!pa!! %) 0nte)9e)e :0t7 t7e e01t0%n p)%1e!!. T7e>
alle8e&l> t%l& t7e 9a*0l> t7at 0t :a! J;et:een t7e lan&l%)& an& t7e tenant.K
$ABLE OF AU$HORI$IES
PAGE
Ca!e!
Ma)1(!e . Del #e;; C%**(n0t0e!" /3.Ne. 3C4" /,. P..& D,3 <3--C'.
P0ne . Lea0tt" /H,4" DDB P.3& HD3" 4D Ne. B-C.
Sa:>e) . S(8a)le!! S7%p!" In1." /HH-" CH3 P.3& /D" /-, Ne. 3,B" )e7ea)0n8 &en0e&.
T!17a;%l& . O)lan&%" /H4C" C.C P.3& B-," /-. Ne. 33D.
G%*eL . In&epen&en1e Mana8e*ent %9 Dela:a)e" In1." H,C A.3& /3C, <D.C. 3--H'
A)t7() Y%(n8 M C%. . S(t7e)lan&" ,./ A.3& .BD" .,4 <D.C./HH.'
E&:a)&!" !(p)a n%te /4" /.- U.S. App. D.C. at /D/" .HC F.3& at C-3
H%ll0n! . Fe&e)al Nat0%nal M%)t8a8e A!!5n" C,- A.3& B,." BCH24- <D.C.3---'
Ha*0lt%n . H%:a)& Un0e)!0t>" H,- A.3& .-4" ./B2/, <D.C.3--4'; #alla1e . S@a&&en" A)p!" Slate"
Mea87e) M Fl%* LLP" CHH A.3& .4/" .4, <D.C.3--3'; H%ll0n!" C,- A.3& at BC/.
BantL. . M%nt8%*e)> E!tate!" In1. /,. #0!.3& HC." HC4" DC. N.#.3& B-,"B-4 <Ct.App. /HH/'
State In&(!t)0al In!. S>!. . Un0te& ENp%!0t0%n Se)!. C%." /-H Ne. 34" .- </HH.'.
D)e&8e C%)p. . H(!0te C%." /H,3" .,H P.3& ,C," C4 Ne. ,H"
Pe8a!(! . Ren% Ne:!pape)!" In1." 3--3" BC P..& 43" //4 Ne. C-,"
Sa)p> . &e la H%(!!a>e" 3/C S%.3& C4. <La.App." /H,H'.
NGA G3 Lt&. L0a;0l0t> C%. . Ra0n!" /HHC" HD, P.3& /,." //. Ne. //B/.
#al@e) . A*e)01an Ban@e)! In!. G)%(p" /HH3" 4., P.3& BH" /-4 Ne. B...
Pa(ll0n . S(tt%n" /-3 Ne. D3/"C3D P.3& CDH </H4,'.
In )e A*e)01a" 3B3 P..& at ,H. <10t0n8 B(LL Ste:" /3D Ne. at 334'.
An(0" LLC . G.L. D)a8%n" LLC" /3. Ne. 3/3"3/B"/,. P..& D-B <3--C'.
N$CRCP C,A.
Ma1@2Manle> . Manle>" /33 Ne. 4DH" /.4 P..& B3B <3--,'.
G0;ell0n0. Kl0n&t" HONe. /3-/" /3-D"44B P.3& BD- </HHD' <e*p7a!0! a&&e&'.
- D6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Ren% Ne:!pape)!" In1. . B0;;" C, Ne. ..3"..B".B. P.3& DB4 </H,-'.
S17(1@ . S08nat()e Fl087t S(pp%)t %9Nea&a" In1." /3, Ne. A <A&.Op. D3'"3DB P..& BD3"BDD2BDB
<N%. D" 3-/-'
Stat(te!6R(le!6La: Re0e:!
NRCP ,<e'
NRS D-.D--
NRS //4A..BB...
NRAP RULEO4
N$CRCP C3A.
NRS //4A.DH-
$CRCP //-
$CRLV DD"
NRS D-.3B.<,'.
NRS //4A.DH-
NRCP R(le //
NRS ,H.-B-
NRS C.-4B
NRS //4A.B/-
//4A.3H-
NRS //4A..,-
NRS //4A..4-
NRS //4A.3/-
NRS /-4.DCB
NRS D-.C,-
See K0*;e)l> E. O5Lea)>" T7e Ina&0!a;0l0t> %9 Appl>0n8 P)e1l(!0e D%1t)0ne! t% S(**a)>
E01t0%n!" .- U. T%l. L. Re. DH" C3 </HH4' <EPTQ7e )eal0t0e! %9 lan&l%)&2tenant p)a1t01e *a@e t7e (!e
%9 p)e1l(!0e &%1t)0ne! 0n t7e!e a1t0%n! e!pe10all> p)%;le*at01.E'; R%!e*a)> S*0t7" L%1@e& O(t+ T7e
H0&&en T7)eat %9 Cla0* P)e1l(!0%n 9%) Tenant! 0n S(**a)> P)%1e!!" /B S(99%l@ $. T)0al M App.
A&%1. /" 3B <3-/-'.
Ga8l0a)&0 . #0ll0a*!" 4.D F.3& 4/ </H4,'.
Selle)! . F%()t7 $(&010al D0!t. Ct." //H Ne. 3B," C/ P ..& DHB <3--.'
A:a)&0n8 Att%)ne>5! Fee! t% P)% Se L0t08ant! Un&e) R(le //" $(ne" /HHC" HB M017. L. Re. 3.-4"
$e)e*> D. Spe1t%).
I. S$A$E8EN$ OF $HE ISSUES+ A*%n8!t t7e 0!!(e! 0n t70! appeal 0! :7et7e) t7e Ren% $(!t01e
C%()t e))e& 0n 8)ant0n8 a !(**a)> e01t0%n %9 appellant" ZACHARY COUGHLIN <ECOUGHLINE'
;> 0t! F0n&0n8! %9 Fa1t" C%n1l(!0%n! %9 La:" an& O)&e) 9%) S(**a)> E01t0%n <EFFCLMOE' &ate&
De1e*;e) 3C" 3-/3. See Re1%)& %n Appeal <EROAE' at V%l. II" pp. CB24-. ERHIBIT / 7e)et%" an&"
:7et7e) t7e D0!t)01t C%()t 0n CV//2-.,34 !0*0la)l> e))e& 0n 9a0l0n8 t% (p7%l&0n8 t7e S(**a)>
E01t0%n O)&e) an& )(l0n8" ;> 0t! O)&e) %9 $(ne 3Bt7" 3-/3 0n CV//2-.,34 0n 9a%) %9 Re!p%n&ent
- B6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
MATT MERLISS5 ! <EMe)l0!!E' Motion for Attorney's Fees, a:a)&0n8 SD3"-B- 0n att%)ne>5! 9ee! a8a0n!t a
p)% !e l0t08ant 9%) an appeal %9 a Summary Eviction Order..
/. #7et7e) t7e l%:e) 1%()t e))e& 0n 90n&0n8" a! a *atte) %9 la:" t7at Appellant tenant 7a&
)a0!e& n% le8al &e9en!e :7at!%ee) an& 8)ante& !(**a)> e01t0%n p()!(ant t% NRS D-.3B. :7e)e
Appellant e!ta;l0!7e& a *ate)0al 0!!(e %9 9a1t %) la: 0n *eet0n8 t7e !(**a)> =(&8*ent !tan&a)& 0! a
0! t7e &e9en!e! %9 )etal0at0%n an& 7a;0ta;0l0t>" an& 9()t7e) :7e)e tenant plea& an& e!ta;l0!7e& t7at 7e
:a! a 1%**e)10al tenant <p. 3D- %9 ROA" Tenant5! An!:e) 0&ent090e! )ental a! EPla0nt0995! 7%*e la:
%9901eE" et1...an& t7at Re!p%n&ent 9a0le& t% alle8e t7e n%n2pa>*ent %9 )ent" an& 0*pe)*0!!0;l> 9%)1e&
Appellant t% *a@e a E)ent e!1)%: &ep%!0tE :0t7 t7e L%:e) C%()t. T
3. #7et7e) t7e D0!t)01t C%()t 1%**0tte& an e))%) %9 la: :7en 0t 1%nt0n(e& t% 7%l& a ET)0alE
&e!p0te 9a0l0n8 t% a11%)& t7e N%t01e 9%) a T)0al 1alle& 9%) ;> $CRCP //-T
:7et7e) t7e R$C F0l0n8 O9901e 7an&0n8 C%(87l0n a N%t01e %9 Appeal 9%)* 0n )e!p%n!e t% 70!
!pe10901 )e?(e!t 9%) %ne t% appeal 0n t70! pa)t01(la) !(**a)> e01t0%n p)%1ee&0n8 0t0ate! an>
att%)ne>5! 9ee a:a)&" t% :7atee) eNtent %ne 0! pe)*0!!0;le an>:a>!" 80en t7e S/B.-- l0*0tat0%n
p)ep)0nte& %n t7at R$C N%t01e %9 Appeal 9%)*.
.. #7et7e) t7e D0!t)01t C%()t an& $(!t01e C%()t e))e& 0n )(l0n8 t7at" !0n1e C%(87l0n5! )etal0at0%n
&e9en!e :a! ;a!e& " 0n pa)t" %n alle8e& E7a;0ta;0l0t>E 0!!(e!" t7e 1%()t :a! :0t70n 0t! =()0!&01t0%n :7en 0t
)e?(0)e& 70* t% &ep%!0t" p()!(ant t% NRS D-..BB<B'" t7e a*%(nt %9 )ent C%(87l0n 1la0*e& 7e 7a& :0t77el& 9%)
t7%!e )ea!%n!" ;e9%)e 7e :%(l& ;e all%:e& t% !(;!tant0ate t7e* :0t7 e0&en1e" een :7e)e t7e Ren% $(!t01e
C%()t 7a! n%t p(;l0!7e& an& 7a& app)%e& a 1%)%lla)> t% $CRLV DD" an& t7(!" (n&e) $CRCP 4D" *a> n%t !%
)e?(0)e a )ent e!1)%: &ep%!0t" 0n 0%lat0%n %9 NRS D-.3B.<,'.B
D. #7et7e)" :7at! 8%%& 9%) t7e 8%%!e 0! 8%%& 9%) t7e 8an&e)" 0e" 09 Re!p%n&ent 1an ;ene90t
9)%* C%(87l0n ;e0n8 9%)1e& t% &ep%!0t a E)ent e!1)%:E 0nt% t7e R$C <een :7e)e Re!p%n&ent &0& n%t
- ,6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
plea& t7e n%n2pa>*ent %9 )ent'" :a! 0t pe)*0!!0;le 9%) t7e L%:e) C%()t! t% p)eent C%(87l0n 9)%*
;)0n80n8 70! 1%(nte)1la0*! p()!(ant t% NRS //4A.DH-T
B. #7et7e) a p)% !e att%)ne> l0t08ant 1an )e1%e) att%)ne>5! 9ee! (n&e) an NRCP R(le //
!an1t0%n! M%t0%n.
,. #7et7e) t7e L%:e) C%()t :a! &0e!te& %9 =()0!&01t0%n (p%n t7e 90l0n8 %9 a N%t01e %9 Appeal
e1e0e&E 0n &%1@et %n O1t%;e) /4t7 an& 90le& O1t%;e) /Ht7" 3-//' 0n t7e 0nte)0* ;et:een
<*a)@e& E)
t7e S(**a)> E01t0%n Hea)0n8 %n O1t%;e) /3t7" 3-/3 an& t7e ET)0alE %n O1t%;e) 3Bt7" 3-//
C. D%e! R(le // appl> t% a S(**a)> E01t0%n n%t01e (n&e) t7e J1a(!0n8 t% ;e 90le&K lan8(a8e
atta17e& t% 9)0%l%(! l0t08at0%n 1%n!t)a0nt! 0n 1a!e! l0@e t7at 9%(n& 0n t7e 4.D F.3& 4/ Ga8l0a)&0 .
#0ll0a*! </H4,'.
4. Can a p)% !e l0t08ant" :7% 7appen! t% ;e an att%)ne> l01en!e& 0n t7e !tate :7e)e t7e a1t0%n 0!
;)%(87t" ;e !an1t0%ne& (n&e) NRS C.-4B" een :7e)e !%*e p)%70;0t0%n *a> appl> a8a0n!t an att%)ne>
)ep)e!ent0n8 70*!el9 receiving att%)ne>5! 9ee!T I! t7at n%t an (ntena;le !0t(at0%n :7e)e !%*e%ne l0@e
Ba@e) 1an J7ae 0t ;%t7 :a>!KT Selle)! . F%()t7 $(&010al D0!t. Ct." //H Ne. 3B," C/ P ..& DHB
<3--.'" ;(t" !ee+ NOTE: Awarding Attorney's Fees to Pro Se itigants !nder "u#e $$" $(ne" /HHC" HB
M017. L. Re. 3.-4" $e)e*> D. Spe1t%).T
H. #7et7e) att%)ne>5! 9ee! !an1t0%n! a)e )e1%e)a;le (n&e) NRS ,H.-B- an& %) NRS C.-4B %n
an appeal 9)%*a S(**a)> E01t0%n O)&e).
/-. #7et7e) Re!p%n&ent5! att%)ne>! 0*pe)*0!!0;l> )e&a1te& p%)t0%n! %9 t7e0) ;0ll! !(;*0tte&
al%8n :0t7 an& M%t0%n 9%) Att%)ne>5! Fee! San1t0%n!" an& :7et7e) Re!p%n&ent nee& 7ae Ea1t(all>
0n1())e&E !(17 ;0ll! 9%) t7e p()p%!e! %9 )e1%e)0n8 t7e* (n&e) a !an1t0%n! M%t0%n <pa)t01(la)l>" 09
Re!p%n&ent 7a& a1t(all> en8a8e& 1%(n!el %n a 9lat 9ee ;a!0! %) %t7e):0!e :%(l& n%t a1t(all> ;e
!(;=e1t t% 1%lle1t0%n 9%) an> !(17 ;0ll! incurred'.
- C6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
//. #7et7e)" ;> 0n%@0n8 a 7a;0ta;0l0t>6)etal0at0%n NRS //4A.B/- an& //4A.3H- &e9en!e 0n a
N% Ca(!e S(**a)> E01t0%n !(;=e1t! a tenant a )e?(0)e*ent t% &ep%!0t E)ent e!1)%:E :0t7 a $(!t01e
C%()t a la NRS //4A..BBT
/3. #7et7e) 0t :a! )ee)!0;le e))%) 9%) t7e L%:e) C%()t t% appl> NRS //4A..BB<B' an&
)e?(0)e tenant 0n S(**a)> E01t0%n t% *a@e )ent e!1)%: &ep%!0t :7e)e $(!t01e C%()t 7a& >et t%
Ee!ta;l0!7 ;> l%1al )(le a *e17an0!* ;> :7017 tenant! *a> &ep%!0t )ent :0t77el&...E" 0n 0%lat0%n %9
;%t7 NRS D-.3B.<,'" an& $CRCP 4." e!pe10all> :7e)e n% 1%)%lla)> t% LV$CR R(le DD &0& n%t eN0!t 0n
t7e Ren% $(!t01e C%()t at t7e t0*e" an& e!pe10all> :7e)e tenant :a! &en0e& 70! )087t t% p()!(e
1%(nte)1la0*! (n&e) NRS //4A.DH- an& :7e)e tenant 7a& al)ea&> app)%p)0atel> 90Ne& an& &e&(1te&
!(17 a*%(nt! (n&e) NRS //4A..,- an& //4A..4-T
/.. #7et7e) 0! :a! )ee)!0;le e))%) t% a:a)& Re!p%n&net a p)% )ata a:a)& 9%) E!t%)a8eE 1%!t!
(n&e) NRS //4A.D,- t7at :a! %9 a al(e e?(al t% t7e a*%(nt p)e0%(!l> 17a)8e& 9%) E9(ll (!e an&
%11(pan1>E" (n&e) NRS //4A.3/-" e!pe10all> :7e)e tenant :a! t7en !(;=e1t t% 1(!t%&0al a))e!t an&
1%n01t0%n 9%) 1)0*0nal t)e!pa!!" &e!p0te t7e 0*p%)t %9 NRS /-4.DCB+ U!e %9 !t%)a8e !pa1e 9%)
)e!0&en1e p)%70;0te&; e01t0%n; nat()e %9 9a10l0t>; e99e1t %9 0!!(an1e %9 &%1(*ent %9 t0tle 9%) p)%pe)t>;
an& NRS D-.C,-+ S(**a)> e01t0%n %9 pe)!%n (!0n8 !pa1e 0n 9a10l0t> 9%) !t%)a8e a! )e!0&en1e" an&
:7e)e Re!p%n&ent 9a0le& t% )e!p%n& t% app)%p)0atel> )e!p%n& t% tenant5! )e?(e!t! 9%) an %pp%)t(n0t> t%
)et)e0e 70! pe)!%nal p)%pe)t>.
/D. #7et7e) t7e L%:e) C%()t e))e& 0n )e9(!0n8 t% all%: tenant t% p()!(e 1%(nte)1la0*! <een
t7%!e eNp)e!!l> pe)*0tte& (n&e) t7e Lea!e A8)ee*ent :0t7 )e8a)& t% t7e lan&!1ape)5! p)%pe)t>
&a*a8e' (n&e) NRS //4A.DH-+
EA1t0%n! ;a!e& (p%n n%npa>*ent %9 )ent+ C%(nte)1la0* ;> tenant; &ep%!0t %9 )ent
:0t7 1%()t; =(&8*ent 9%) e01t0%n.
/. In an a1t0%n 9%) p%!!e!!0%n ;a!e& (p%n n%npa>*ent %9 )ent %) 0n an a1t0%n 9%)
)ent :7e)e t7e tenant 0! 0n p%!!e!!0%n" t7e tenant *a> &e9en& an& 1%(nte)1la0* 9%)
an> a*%(nt :7017 t7e tenant *a> )e1%e) (n&e) t7e )ental a8)ee*ent" t70! 17apte)" %)
%t7e) appl01a;le la:.E
/B. #7et7e) NRS //4A..BB 0! een 0*pl01ate& <a!!(*0n8 t7e 9a0l()e %9 t7e R$C t% 1)eate a
l%1al )(le 0! n%t &0!p%!0t0e' t% t7e eNtent Appellant 0n%@e& NRS //4A..,- app)%p)0atel> *(lt0ple
t0*e! %e) t7e tenan1>" :7017 eN1ee&e& %ne >ea)" an& 9%) a*%(nt! (p t% t7%!e all%:e& (n&e) t7at
- 46., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
!e1t0%n an& :7e)e an> ;a) t% l0t08at0n8 7a;0ta;0l0t> 9%(n& 0n NRS //4A..BB<B' &%e! n%t eNten& t%
t7%!e p)%1ee&0n8 (n&e) %t7e) !e1t0%n! %9 //4A" !(17 a! //4A..,-" //4A..H-" an& //4A.B/-T
II. S$A$E8EN$ OF $HE CASE
A. B-;e7 N*.<-e o7 $'e C*0e( T70! 0! an appeal 9)%* an Se1%n& $(&010al D0!t)01t C%()t"
#a!7%e C%(nt>" %)&e) 8)ant0n8 !(**a)> e01t0%n 0n 9a%) %9 Re!p%n&ent Matt7e: $%el Me)l0!!" MD.
T7e H%n%)a;le Pat)01@ Flana8an p)e!0&e&.
B. P-o=e2<-*% H;0.o-6 o7 $'e C*0e( T7e Lea!e A8)ee*ent <ELEASEE' 9%) t7e 7%*e at /3/
R0e) R%1@" Ren%" Nea&a <t7e EPROPERTYE' 1an ;e 9%(n& at ROA" V%l. V" pp /3H2/.3. ERHIBIT
, 7e)et%. T7e)e :a! %ne 7ea)0n8 %n O1t%;e) /.t7" 3-// an& a T)0al %n O1t%;e) 3Bt7" 3-//. T7e 90)!t
7ea)0n8 :a! %n O1t%;e) /." 3-//" an& la!te& H- *0n(te!. A 1%nt0n(at0%n %9 t7at 7ea)0n8 t7at :a!
)e9e))e& t% a! a T)0al" n%t01e& a! a T)0al" 0n :)0t0n8 ;> t7e R$C" %11())e& %n O1t%;e) 3B" 3-//" an&
la!te& !ee)al 7%()!. T7e p()p%!e %9 t7e 90)!t 7ea)0n8 :a! t% ;e a !(**a)> e01t0%n p)%1ee&0n8 an !ee
09 a 8en(0ne 0!!(e %9 *ete)0al 9a1t %) la: eN0!te&" 0e" t% E&ete)*0ne t7e t)(t79(lne!! an& !(99010en1>
%9t7e tenant5! an& t7e lan&l%)&5! a990&a0t!"E t% &ete)*0ne :7et7e) t7e)e 0! an> Ele8al &e9en!e a! t% t7e
alle8e& (nla:9(l &eta0ne)"E an& :7et7e) Et7e tenant 0! 8(0lt> %9 an (nla:9(l &eta0ne)E. On O1t%;e)
/.t7" 3-// Pla0nt099" )ep)e!ente& ;> CASEY BAKER" ESU. De9en&ant" ZACHARY COUGHLIN
appea)e& 9%) a S(**a)> E01t0%n 7ea)0n8 ;e9%)e $(&8e SFERRAZZA. Hea)0n8 7el&. Tenant5! M%t0%n
t% C%nt0n(e Den0e&. I9 tenant p%!t! )ent %9S3"3CB.-- ;> H+-- a*" M%n&a> <!% !a>! t7e D%1@et at pa8e
3 %9 ROA" V%l. /. C%(87l0n &0& !% &ep%!0t p)ett> *(17 all t7e *%ne> 0n t7e :%)l& aa0la;le t% 70* a!
!(17 a )ent e!1)%:. C%(87l0n !(;*0tte& 9%) 90l0n8 a N%t01e %9 Appeal %n O1t%;e) /4t7" 3-//" :7017
t7e R$C 90le& %n O1t%;e) /Ht7" 3-//" &0e!t0n8 0t %9 =()0!&01t0%n :7en 1%n!0e)0n8 t7e R$C al!% 7a&
*%)e t7an en%(87 %9 C%(87l0n5! *%ne> t% 1%e) an> 9ee!" ;%n&!" et1. T7en" Re!p%n&ent a))an8e& 9%)
an%t7e) %ne %9 70! eN pa)te Elet! 8et an O)&e) all%:0n8 (! t% ;a)8e 0n an 0n!pe1t a la: %9901e
(nn%t01e&E &eal!. O1t%;e) 3,t7" 3-// M%t0%n t% Set A!0&e E01t0%n O)&e) 90le&. ** SUBMITTED
- H6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
an& DENIED. N%e*;e) /" 3-// E*e)8en1> Appeal an& M%t0%n t% Sta> E01t0%n 90le& an&
SUBMITTED. Lette) )e?(e!t0n8 la!t 7%() %9 CD 90le&." N%e*;e) .)&" an%t7e) N%t01e %9 Appeal
90le&. ROA" V%l. /" pa8e 3.
C%(87l0n 90le& a :7%le &099e)ent appeal 0n 9)%* t7at $(!t01e C%()t 1a!e" :7017 *a> :ell *a@e
CVF/2-.,34 1%*pletel> %0&+ CV//2-.-B/ ZACH COUGHLIN VS. MATT MERLISS ET AL <D/'
/H2OCT23-//
C. Re%e1*n. F*=.0( T7e )eleant 9a1t! a)e t7%!e 9)%* t7e C%*pla0nt. CV//2
-/4H,.. T7%!e 9a1t!" :7017 *(!t ;e a11epte& a! t)(e" a)e a! 9%ll%:!+
/. C%nt)a)> t% t7e a!!e)t0%n 0n Rep%n&ent5! An!:e)0n8 B)0e9 0n CV//2-.,34 at pa8e B <0e" t7at
EC%(87l0n a990)*at0el> :a0e& an> a)8(*ent t7at NRS C7apte) //4A &%e! n%t appl> ;> ;a!0n8 70! en.;-e
2e7en0e <)etal0at0%n67a;0ta;0l0t>' %n :7at 7e alle8e& :e)e 0%lat0%n! %9 t7at 17apte)....E <C%(87l0n N%te+ %ne"
t7e)e 0! *%)e t% t7e &e9en!e" an& t:%" C%(87l0n &0&n5t !a> //4A &0&n5t appl>" =(!t t7at NRS D-.3B. 0! n%t
pe)*0!!0;le a8a0n!t 1%**e)10al tenant5! :7e)e t7e n%n2pa>*ent %9 )ent 0! n%t ple&" pa)t01(la)l> 9%) t7e eent!
(n&e) :7017 t70! *atte) )%!e at t7e t0*e! %9 )eleant 0*p%)t an& 1%n!&e)0n8 :7at la: t7en appl0e!'.
Re!p%n&ent 1%nt0n(e&+ EA&&0t0%nall>" 0;n=e Co<>'%;n ne1e- .;?e%6 -*;0e2 .'e *-><?en. @e%o9" 0t 1ann%t
9%)* t7e ;a!0! 9%) an> )el0e9 %n appeal...E B(t" t7e 9a1t 0!" C%(87l0n &0& )a0!e t7at a)8(*ent" 0n 70! O1t%;e)
/Ct7" 3-// 90l0n8 <!ee pa8e HC2HH %9 ROA" V%l. /'" an& at t7e 7ea)0n8" an& 0n %t7e) 90l0n8!. It 0! Re!p%n&ent
:7% n%:! *(!t 9a1t t7e 9a1t t7at 70! 9a0l()e t% )a0!e 70! a)8(*ent! 0n %pp%!0t0%n t% t7at p%!0t0%n p(t 9%)t7 ;>
Appellant ;a) 70* 9)%* n%: !% &%0n8. <See Re!p%n&ent5! Opp%!0t0%n" 9a0l0n8 t% !% 1%(nte) C%(87l0n5!
a)8(*ent" at pa8e /-4" ROA" V%l./'. B(t EPpQa)t0e! V*a> n%t )a0!e a ne: t7e%)> 9%) t7e 90)!t t0*e %n appeal"
:7017 0! 0n1%n!0!tent :0t7 %) &099e)ent 9)%* t7e %ne )a0!e& ;el%:.5E De)*%&> . C0t> %9 Ren%" //. Ne. 3-C"
3/-" H./ P.3& /.BD" /.BC </HHC' <?(%t0n8 P%:e)! . P%:e)!" /-B Ne. B/D" B/," CCH P.3& H/" H3 </H4H''. T70!
)(le 0! n%t *eant t% ;e 7a)!7" %e)l> 9%)*al0!t01" %) t% p(n0!7 1a)ele!! l0t08at%)!. Rat7e)" t7e )e?(0)e*ent t7at
pa)t0e! *a> )a0!e %n appeal %nl> 0!!(e! :7017 7ae ;een p)e!ente& t% t7e &0!t)01t 1%()t *a0nta0n! t7e e99010en1>"
9a0)ne!!" an& 0nte8)0t> %9 t7e =(&010al !>!te* 9%) all pa)t0e!. B%>e)! . TeNa1% Re90n0n8 an& Ma)@et0n8" In1." 4D4
- /-6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
F.3& 4-H" 4/3 <Ct7 C0)./H44'. T70! 0! t7e 1a!e ;e1a(e C%(87l0n plea& an& e!ta;l0!7e& t7at 7e :a! a
1%**e)10al tenant een ;e>%n& t7e O1t%;e) /Ct7" 3-// 90l0n8....<p. 3D-" 3D4 %9 ROA" V%l. /"
Tenant5! An!:e) 0&ent090e! )ental a! EPla0nt0995! 7%*e la: %9901eE" et1...+Ee!pe10all> 0n l087t %9 t7e
)e1ent ;a& 9a0t7 atte*pt! t% 0n!pe1t :0t7 )e1%)&0n8 e?(0p*ent &%*;n.;77A0 'o?e %*9 o77;=e 7%()! a9te)
7a0n8 t7e p%:e) !7(t %99 at &%*;n.;77A0 'o?e %*9 o77;=e :7e)e lan&l%)& 7a&" appa)entl>" a &el0n?(ent
(t0l0t> ;0ll a!!08ne& t% t7e p)%pe)t> tenant )ent!" an& :7e)e n% n%t01e :a! p)%0&e& t% tenant %9 t7e
0*pen&0n8 0nte))(pt0%n %9 e!!ent0al !e)01e!" 1a(!0n8 *..o-ne6 .en*n. Co<>'%;nA0 %*9 &-*=.;=e
2*?*>e0.E A&&0t0%nall>" at pa8e // %9 t7e An!:e)0n8 B)0e9" Re!p%n&ent a&*0t! t7at t7e REntal
A8)ee*ent pe)*0tte& C%(87l0n5! 1%**e)10al (!e %9 t7e p)%pe)t>" )e8a)&le!! %9 Re!p%n&ent5! atte*pt!
t% *a@e a)8(*ent! 0n t7e )e1%)& ;a!e& (p%n :7at Re!p%n&ent5! t70n@ !%*e :0tne!! :7% nee)
te!t090e& *087t 7ae !a0& 7a& !7e &%ne !%.... Al!%" 0n t7e ROA V%l 3. pa8e 4,2//-" /3B" /.-2/.B.
C%(87l0n p(t 0nt% t7e )e1%)& an& e0&en1e p)%%9 )elate& t% a C0t> %9 Ren% 7%(!0n86;(0l&0n8 1%&e
%)&0nan1e ;e0n8 0%late& ;> t7e %e)l> tall :ee& 8)%:t7 0n t7e la: at t7e 9%)*e) 7%*e la: %9901e
<9()t7e)" (n&e) An(0" 1%*pl01ate& 0!!(e! %9 1%nt)a1t(al 0nte)p)eat0%n n%t :ell !(0te& t% !(**a)>
=(&8*ent'. ERen% C0t> C7a)te) )e9e)en1e; Ren% M(n010pal C%&e <3- )a8e!'2 A(t7%)0t> t% a&%pt
(n09%)* 1%&e!" W 3.//-. Se1. /D.-D./--. 2 Inte)nat0%nal ReS0&ent0al C%&e. T7e 3--, E&0t0%n %9 t7e
Inte)nat0%nal Re!0&ent0al C%&e 0n1l(&0n8 Appen&0N C7apte)! G an& H C%p>)087t 3--, ;> t7e
Inte)nat0%nal C%&e C%(n10l *a)@e& a! EEN70;0t CE; t%8et7e) :0t7 !(17 17an8e! t% t7e Re!0&ent0al
C%&e" a! a)e ne1e!!a)> t% *a@e t7e !a*e appl01a;le t% t7e 1%n&0t0%n! 0n t7e 10t> :7017 a)1 *a)@e&
EEN70;0t BE; all %9 :7017 0! a&%pte& ;> )e9e)en1e an& 0n1%)p%)ate& 7e)e0n an& *a&e a pa)t 7e)e%9 a! 09
!et 9%)t7 0n 9(ll. <O)&. N%. ,-H3" W ." 32//2-H'E. F()t7e)" t7e ROA" V%l /. at pa8e! 3-H 23.- p)e!ent!
p7%t%8)ap701 e0&en1e p(t 0nt% t7e )e1%)& ;> C%(87l0n !(pp%)t0n8 70! 7a;0ta;0l0t>" )etal0at0%n" an&
%t7e) 1la0*!" 0n1l(&0n8 p7%t%! %9 t7e %e)8)%:n :ee&! an& t%N01 *%l& %n t7e 0n!(lat0%n" t7e pe)%!nal
- //6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
p)%pe)t> %9 C%(87l0n5! &a*a8e& ;> Re!p%n&nent5! a8ent <9%) :7017 Re!p%n&net 0! eNp)e!!l> l0a;le
(n&e) t7e Lea!e A8)ee*ent'" 1)(*;l0n8 !tep!" ;)%@en :0n&%:" et1." et1. A&&0t0%nall>" e*a0l!
;et:een C%(87l0na an& Me)l0!! 1%n90)*0n8 t7e 7a;0ta;0l0t> n%t01e an& 9a0l()e t% 1()e an& !(;*0!!0%n
%9 0te*0Le& ;0ll! t% Re!p%n&ent a)e 9%(&n t7e)e0n at ROA V%l /. pa8e 3D4.. E0&en1e !(pp%)t0n8 t7e
()0ne !l(&8e :aN t%0let )0n8 p)%;le*" pa8e H4 ROA" %l. /. F()t7e)" t7e )e1%)& 0! 1%*plete :0t7 t7e!e
e*a0l! ;et:een Appellant an& Re!p%n&ent at ROA" EN70;0t! A2I an& /2H" pa8e! /-C2//B. an&
E!pe10all> Tenant5! EN70;0t 4 at pa8e! /B42/C3 %9 ROA" EN70;0t! A2I an& /2H" :7017 1lea)l> )eeal
t7at Re!p%&ent :a! n%t01e %n all t7e a)0%(! 0!!(e! alle8e& an& 9a0le& t% a&e?(atel> 1()e %) )e!p%n&e
t7e)et%" an& (lt0*atel>" )etal0ate& a8a0n!t C%(87l0n 9%) p%0nt0n8 t7at %(t an& a!!e)t0n8 t7e )ent
&e&(1t0%n! 7e :a! ent0tle& t% %) &a*a8e! p()!(ant t% t7e Lea!e A8)ee*ent" pa)t01(la)l> :7en
)e0e:0n8 t7e a(&0% 1& %9 t7e 1)%!! eNa*0nat0%n 9% Me)l0!! t7at :0ll ;e p)%0&e& t% t70! C%()t.
3. On pa8e 3D323D. %9 t7e ROA" V%l. /" 0n 70! Tenant5! A990&a0t C%(87l0n alle8e! t7at+ E.X In an
e*a0l t% t7e eNa1t a&&)e!! l0!te& 9%) R017a)t H0ll" E!?. at n;a).%)8 an& 9)%* :7017 an e*a0l :a!
)e1e0e&" Za17 C%(87l0n !ent t% R017a)& H0ll" E!?. <t7e att%)ne> :7%* ;%t7 H0ll an& Me)l0!! &0)e1te&
tenant t%" 0n :)0t0n8" 9%):a)& all 9(t()e 1%))e!p%n&en1e!' &ate A(8(!t /C
t7
" 3-// <3/ &a> 7a);%) ;e9%)e
90l0n8 M%t0%n 9%) San1t0%n! %n Septe*;e) ," 3-//'" t7e tenant :)%te JH%pe9(ll> Matt 7a! 1%p0e& >%(
%n all %() p)e0%(! 1%))e!p%n&en1e!...;(t @n%:0n8 Matt" 7e p)%;a;l> 7a! 9%)8%tten a;%(t t7e* %)
&%e!n5t )eal0Le t7e> :e)e ee) &el0e)e&" et1. An:a>!" I p)%;a;l> 7ae 1%p0e! %9 all %9 t7e*" *an> %9
:7017 a)e n%t01e! t% 90N t70n8!" et1." ...#e a)e ;%t7 att%)ne>! an& I :0!7 t% &% *> pa)t t% a%0& 8ett0n8
0nt% 1%()t an& l%%@0n8 l0@e :e 7aen5t &%ne t7e le8 :%)@ ne1e!!a)> t% p0n &%:n t7e a)ea! %9
1%ntent0%n an& el0*0nate &%(;t :0t7 )e8a)& t% t70n8! t7at a)e ea!0l> e!ta;l0!7e&" !(17 a! t7e :)0tten
n%t01e! I 7ae !ent Matt t7at 7ae 8%ne :0t7%(t )e!p%n!e" 9%) t70n8! l0@e" * @-oBen 9;n2o9" @-oBen
0&-;nB%e- 060.e?" 7*%%en ;n0<%*.;on" et1. F()t7e)" Matt app)%e& t70n8! l0@e -e&*;-;n> .'e
- /36., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
=-<?@%;n> 7-on. 0.e&0" et1. He p)%0&e& &0)e1t0%n! !(17 a! E8et t:% e!t0*ate! an& 17%%!e t7e
17eape!t %ne an& &e&(1t 0t 9)%* t7e )ent...E #ell" )epa0)0n8 1)(*;l0n8 !tep! 0! n%t !(pe) 17eap. Matt
!ee*! t% 7ae 9%)8%tten a;%(t t7e!e :)0tten &eal! ent0)el>... :7e)e &%e! t7at leae Matt5! e!t0*ate %9
:7at I %:eT T7e !tep! 7ae ;een )epa0)e&. A! 7a! t7e 8a);a8e &0!p%!al an& %t7e) 0te*!. T7e
9;n2o9 ;0 0.;%% @-oBen" Matt nee) )e!p%n&e& t% )e?(e!t! 9%) t7e 1%!t %9 nox;o<0 9ee2 o-2;n*n=e
90ne a%0&0n8 lan&!1ap0n8 t7e p)e0%(! !ea!%n <I :%(l&" 9%) n%:" ta@e t7e !a*e S.B- I a8)ee& t% t70!
!ea!%n" :7017 0! !()el> le!! t7an Matt pa0& t7e 1)e: %9 D *en t% !e)01e t7e ne087;%)0n8 7%(!e 9%) 4
7%()! )e1entl>' :0t7 C*>>e2 e2>e0 o7 >%*00 ex&o0e2" an& an en.-69*6 :0t7 8)0p !t)0p! an& :%%&en
plan@! t7at a)e 0n 2;0-e&*;-. I 7ae a la: %9901e t% )(n an& 1ann%t ;%t7 pa> )ent an& ;e t7e p)% ;%n%
7an&>*an 9%) t7e a;!entee lan&l%)& :70le 7e 0! %99 t)ael0n8 t% A*!te)&a* an& Ban8@%@. I *a&e a
e)> )ea!%na;le %99e) t% Matt t% 90N 0t. I *a&e an 0n1)e&0;l> )ea!%na;le %99e) t% Matt t% 7ae t7e
!ea!%nal n%N0%(! :ee& %)&0nan1e 90ne a%0&0n8 :ee&0n8 ta@en 1a)e %9 9%) S.B-" :7017 7e
ent7(!0a!t01all> a8)ee& t%" t7en a %*n20=*&;n> =-e9 &-o?&.%6 =*?e *n2 -;&&e2 <& * 7*<x >-*00
;n0.*%%*.;on .'*. '*2 =o0. ?e * >-e*. 2e*% o7 .;?e *n2 ?one6 .o &<. ;n &%*=e, .'en -e7<0e2 .o &<.
.'*. &e-0on*% &-o&e-.6 @*=B on ?6 -en.*% &-o&e-.6 *. *%%, %e*1;n> ;. on .'e 0;2e9*%B *n2 ;n .'e
0.-ee.. C-- !?(a)e 9eet %9 9a(N 8)a!! <a1t(all> 7087 &en!0t> :%%len 8)een 1a)pet t7at 0! 9a) *%)e
eNpen!0e t7an !0*ple Ea!t)%t()9E' 0! n%t !%*et70n8 >%( :ant t% =(!t leae %(t 0n t7e !t)eet" an& 0t 0!
&e90n0tel> !%*et70n8 >%( &%n5t :ant t% 7ae t% *%e an& 0n!tall t:01e" e!pe10all> :70le >%() lan&l%)&
0! appa)entl> !% :ell %9 t7at 7e 1an a8)ee t% a a S.B- )ent &e&(1t0%n 9%) t7e eNa1t !a*e t70n8 7e late)
70)e! a lan&!1ap0n8 1)e: t% &% :70le 7e 0! 0n t7e P70ll0pean!" a8a0n...K. C%(87l0n ale)te& lan&l%)& %n
!ee)al %11a!0%n! %9 a !e)0%(! p)%;le* :0t7 0n!(lat0%n t7at 7a& 9allen 0n t7e ;a!e*ent (n&e) t7e
7%(!e" 9)%* t7e 1e0l0n8" an& 0n !%*e 1a!e!" %nt% 8)%(n&" :7017 &0& n%t 7ae a ap%) ;a))0e) an& t7(!
1(lt0ate& !%*e *%l& %n t7e 0n!(lat0%n!. Co<>'%;n ;n=<--e2 D"## ex&en0e ;n -e?o1;n> .'e
- /.6., -

5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
o77en2;n> 7*%%en ?o%2 -;22en ;n0<%*.;on *n2 2e*%;n> 9;.' ';>'e- 'e*.;n> *n2 *;- =on2;.;on;n>
=o0.0 *0 * -e0<%., .'e-e@6 en.;.%;n> Co<>'%;n .o 0<=' * -en. 2e2<=.;on o7 D"## *. .'e 1e-6 %e*0." 09
n%t *%)e 0n a!!%10ate& &a*a8e!" !%*e %9 :7017 a)e l0@el> (n@n%:n at t70! p%0nt &(e t% Me)l0!!5!
0nattent0e nat()e a! a lan&l%)&...E See pa8e 3D323D. %9 t7e ROA" V%l. /.
.. ROA V%l /" p. 3DD+ EOn A(8(!t 3," 3-//" t7e Ba@e) )e1e0e& a telep7%ne 1all 9)%*
C%(87l0n. D()0n8 t7at telep7%ne 1%ne)!at0%n" M). C%(87l0n *ent0%ne&" a9te) pa0n!ta@0n8l> p%l0te
atte*pt! t% 8et Ba@e) t% a1t(all> 1%ne)!e :0t7 70! 1l0ent an& a!1e)ta0n :7et7e) %) n%t t7e a*%(nt!
Me)l0!! :a! alle80n8 :e)e %:e&" :e)e 0n 9a1t" %:e& " an& t% %t7e):0!e &0l08entl> )e0e: all t7e
:)0tten *ate)0al! !ent ;et:een lan&l%)& an& tenant t% a!1e)ta0n t7e al0&0t> %9 t7%!e &e;t! an& t7e
l0@el> &e9en!e! t7e)et%" 0n a11%)&an1e :0t7 Ba@e)5! )e!p%n!0;0l0t0e! a! a la:>e) )ep)e!ent0n8 Me)l0!!"
an& t7at" !7%(l& Ba@e) 9a0l t% &% !%" tenant *087t ;e 9%)1e& t% 90le a R(le // !an1t0%n! *%t0%n a8a0n!t
t7e Ba@e) an& Me)l0!! 09 Me)l0!! &0& n%t )et)a1t t7e a9%)e*ent0%ne& n%t01e! %) %t7e):0!e a8)ee t% !%*e
eNten!0%n %9 t0*e &e%te& t% a%0&0n8 t7e :a!te %9 =(&010al )e!%()1e!. C%(87l0n ()8e& Ba@e) t% ;e
1a)e9(l )ep)e!ent0n8 Me)l0!!" n%t0n8 t7at Me)l0!! 7a& ;een )at7e) a;!ent *0n&e& a! a lan&l%)&" :a!
appa)entl> n%t e)> &eta0l %)0ente&" an& %9ten 8ae %99 an a0) %9 ent0tle*ent a! 09 t% !a> J>%(" tenant"
a)e *> p)% ;%n% p)%pe)t> *ana8e) an& !7all 7an&le all t7e l0ttle &eta0l! %9 7a0n8 t70n8! 90Ne&"
a))an80n8 9%) 0n!pe1t0%n! an& e!t0*ate!" et1" t7at 0!" 09 >%( a)e l(1@> en%(87 t% )e1e0e a )e!p%n!e
9)%* *e at 0n )e8a)& t% t7e a)0%(! l0ttle pe%ple p)%;le*! >%( 9eel I !7%(l& a&&)e!!" a! I a* %9t %(t %9
t7e 1%(nt)>" 0n pla1e! l0@e Ban8@%@ an& A*!te)&a*" an& )eall> 1an5t ;e ;%t7e)e& :0t7 an>t70n8 *%)e
t7an 7a0n8 >%( pa> *> *%)t8a8e ent0)el> an& t7an@ *e 9%) t7e 7%!p0tal0t> I 7ae %99e)e& >%( 0n
all%:0n8 >%( t% &% !%.K Co<>'%;n no.e2 .o B*Be- .'*. 0<=' =%;en.0 o7.5.;?e0 >e. *..o-ne6A0 ;n
.-o<@%e, &*-.;=<%*-%6 9;.' -e>*-2 .o R<%e 11 1;o%*.;on0, e0&e=;*%%6 9'en * %;.;>*.;on ;n1o%1e0
0o?e.';n> o7 0<=' &-;?*-6 ;?&o-.*n=e .o * %;.;>*n. *0 ';0 'o?eEo77;=e. C%(87l0n ?(e)0e& Ba@e)
- /D6., -

5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
a! t% :7at" eNa1tl>" Ba@e) 7a& &%ne t% e)09> t7at t7e &e;t! Me)l0!! :a! alle80n8 :e)e J;a!e& 0n la:
%) 9a1tK. Ba@e) :a! 1()0%(!l> ea!0e an& %) n%n )e!p%n!0e 0n t7e a)0%(! ?(e!t0%n! C%(87l0n p%!e&
0n t70! )e!pe1t :7en 7e :a! n%t &0!pla>0n8 a 1%*plete an (tte) la1@ %9 @n%:le&8e :0t7 )e8a)& t% t7e
&0!p(te! ;et:een lan&l%)& an& tenant" 0n1l(&0n8 :7et7e) 70! 1l0ent 7a& a8)ee& t% an> )ent &e&(1t0%n!"
7a& ;een *a&e a:a)e %9 an> p)%pe)t> &a*a8e 1a(!e& ;> t7e lan&l%)&5! a8ent! %) e*pl%>ee!" 7a&
9a0le& t% 1()e an> 7a;0ta;0l0t> 0!!(e! 70! 1l0ent 7a& ;een 0n9%)*e& %9 0n :)0t0n8 9%) a pe)0%& %e) /D
&a>! !0n1e pa!t" et1...E
D. ROA" V%l. /" p 3DB+ E4. Tenant C%(87l0n 7a! ;een &a*a8e& pe)!%nall>" p)%9e!!0%nall>" an&
e1%n%*01all>" an& e*%t0%nall> ;> De9en&ant5! a1t0%n!. H. C%(87l0n ale)te& G)een A1t0%n" Da)lene
S7a)pe an& Lan&l%)& Me)l0!! %9 t7e p)%pe)t> &a*a8e &%ne t% C%(87l0n5! pe)!%nal p)%pe)t> ;> G)een
A1t0%n 0n %) a)%(n& $(ne" 3-//. T7e Lea!e A8)ee*ent ;et:een C%(87l0n an& Me)l0!! !pe1090e! t7at
Me)l0!! :0ll ;e l0a;le 9%) p)%pe)t> &a*a8e 7e 1a(!e! t% tenant5! p)%pe)t>.E
B. Tenant5! A990&a0t" ROA" V%l. /" p 3DB+ EC%(87l0n %;ta0ne& t7e &0)e1te& e!t0*ate! 9%) t7e
)epa0) %9 t7e 1)(*;l0n8 !ta0)!6!tep!6)0!e)! at t7e 7%*e6%9901e5! ent)>:a> !tep!. F%ll%:0n8 Me)l0!!5!
0n!t)(1t0n8 >0el&e& a 1%!t %9 S/"3B- 9%) t7e )epa0) %9 t7e !ta0)!. A S.B- )ent &e&(1t0%n 9%) %ne !ea!%n!
%9 n%N0%(! :ee& %)&0nan1e :a! a8)ee& t% 0n :)0t0n8 ;> Me)l0!!" an%t7e) :a! a8)ee& t% 0*pl010tl> 9%) a
t%tal >a)& :%)@ )ent &e&(1t0%n %9 SCB-. T70! 0! all &eta0le& 0n pa0n!ta@0n8l> 1lea) e*a0l! t% an& 9)%*
t7e lan&l%)& an& tenant atta17e& t% t7e %)080nal Tenant5! An!:e). S0*0la)l>" t7e &0!p%!al )epa0) 1a*e
t% S/3B. C%(87l0n5! la: p)a1t01e" an& l09e 0n 8ene)al" 7a! ;een a&e)!el> 0*pa1te& a 8)eat &eal ;>
Me)l0!!5! *0!&ee&! a! a lan&l%)&. S%*e7%:" 7%:ee)" 8l%;e t)%tt0n5 Cal09%)n0an #0t7 a T)(!t F(n&
Me)l0!! t70n@! C%(87l0n 7a! eN70;0te& an Jatt0t(&e %9 ent0tle*entK 0n t70! !0t(at0%n. Me)l0!! 7a!
1()0%(!l> )e9)a0ne& 9)%* 7%l&0n8 all n%n :70te *ale! at all 0n%le& 0n t70! a1t0%n a11%(nta;le 9%)
- /B6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
t7e0) a11t0%n!" 0n1l(&0n8 9%)*e) 1%2tenant" G)een A1t0%n La:n Se)01e" an& Da)lene S7a)pe. T70!
*a> enta0l a 7%(!0n8 &0!1)0*0nat0%n 1la0*...E
,. C%nt)a)> t% t7e a!!e)t0%n! %9 Re!p%n&ent5! C%(n!el 0n Re!p%n&ent5! B)0e9 0n CV//2-.,34"
C%(87l0n &0& 0n 9a1t 0n%@e NRS //4A.DH- 0n 70! Tenant5! A990&a0t" at p.3,3" ROA" V%l. /.
<Re!p%n&ent5! An!:e)0n8 B)0e9" pa8e 4" 0n CV//2-.,34+ E C%(87l0n 1%*pla0n! t7at 0t :a! )ee)!0;le
e))%) 9%) t7e Et)0al 1%()tE t% appl> NRS //4A.DH-. He &%e! n%t 10te t% an>:7e)e 0n t7e ROA t% !(pp%)t 70!
alle8at0%n t7at t7at !tat(te :a! ee) appl0e& ;> t7e 1%()t.E
C. Tenant p)%0&e& )e!p%n&ent 90N an& &e&(1t n%t01e! an& 0te*0Le& !tate*ent! (n&e) NRS //4A.3H-"
//4A..,-" an& NRS //4A..4-" //4A..H-" an& //4A.B/-. CITE TO ROA )e8a)&0n8 *%l& <0n!(lat0%n 7eat0n8
an& 90lt7'" t%0let )0n8 pl(*;0n8 <90lt7 an& pl(*;0n8'" ;a1@ &%%) l%1@" ;)%@en :0n&%:" 1)(*;l0n8 !ta0)!" :ee&
%)&0nan1e" 1)0*0nal la: 0%lat0%n! %9 lan&!1ape)!...
4. At %ne 7ea)0n8" R$C $(&8e S9e))aLLa a&*0tte&" %n t7e )e1%)&" t7at t7e R$C $(&8e! 7a& a *eet0n8 0n
)e!p%n!e t% a)8(*ent! ;)%(87t (p ;> C%(87l0n 1%n1e)n0n8 t7e la1@ %9 an e!ta;l0!7e& l%1al )(le 0! a 0! NRS
//4A..BB<B'" an& NRS D-.3B.<,'" a&*0tt0n8 t7at n% !(17 )(le" te17n01all>" 7a& ;een p)%*(l8ate&" p(;l0!7e&"
an& app)%e& ;> t7e Nea&a S(p)e*e C%()t.
H. C%(87l0n 1lea)l> p)e!e)e& 70! %;=e1t0%n t% t7e l%:e) 1%()t eN1ee&0n8 t7e =()0!&01t0%n a11%)& 0t
(n&e) NRS D-.3B.<,' at ROA" V%l. /" p HB2H," 1lea)l> 0n%@e& NRS //4A.3H- <pa8e H4 %9 ROA"
V%l./'" Re!p%&ent 1lea)l> %nl> !e)e& a B &a> (nla:9(l &eta0ne) n%t01e %9 t7e N% Ca(!e E01t0%n
a)0et> an& t7e)e9%)e 9a0le& t% alle8e n%n2pa>*ent %9 )ent a8a0n!t t70! 1%**e)10al tennant <p. 3,H
ROA V%l./' an& C%(87l0n 1lea)l> ple& t7at 7e :a! a 1%**e)10al tenant <p. /,-2/,D" /H," 3D-" ROA
V%l. /" an& pa8e H2//" ROA V%l. 3" an& a! !et 9%)t7 p)e0%(!l> a;%e'. It 0! patentl> &0!7%ne!t an
0%lat0e %9 t7e R(le! %9 P)%9e!!0%nal 1%n&(1t )e8a)&0n8 1an&%) t% a t)0;(nal an& 9a0)ne!! t% %pp%!0n8
1%(n!el 9%) Re!p%n&ent5! 1%(n!el t% !(88e!t t7e> a)e ;l0n& !0&e& ;> t7e a)8(*ent t7at t70! !(**a)>
e01&t0%n 0n%le& a 1%**e)10al tenant. H%:ee)" Re!p%n&nent5! 1%(n!el &%e! =(!t t7at 0n 0t!
- /,6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
An!:e)0n8 B)0e9 0n CV//2-.,34 <p. , %9 t7at An!:e)0n8 B)0e9'+ E.. G)ant0n8 a n%21a(!e !(**a)>
e01t0%n a8a0n!t a E1%**e)10alE tenant C%(87l0n n%: a)8(e! t7at 7e :a! a E1%**e)10alE tenant" an&
t7e)e9%)e n%t !(;=e1t t% !(**a)> e01t0%n. He 90)!t )a0!e& t70! a)8(*ent 0n 70! E%pp%!0t0%n t% *%t0%n
9%) %)&e) t% !7%: 1a(!e"E :7017 7e 90le& %n De1e*;e) B" 3-//" !0N :ee@! a9te) t7e e01t0%n :a!
8)ante& ./. ROA" V%l. IV" pp. 3B.23,/. <T7at 0! n%t t)(e C%(87l0n )a0!e& t7e 0!!(e 0n t7e $(!t01e
C%()t 1a!e" ;%t7 0n t7e 7ea)0n8 an& 0n 70! 90l0n8 %9 O1t%;e) /Ct7" 3-//" plea& a! a 1%**e)10al tenant"
an& 10te& t% t7e la: 9%);0&&0n8 t7e (!e %9 !(**a)> e010t%n p)%1e&()e! a8a0n!t 1%**e)10al tenant!
:7e)e t7e n%n2pa>*ent %9 )ent 0! n%t n%t01e& %) alle8e&...9()t7e) NRCP ,-<;'<D' :0ll all%: 9%)
17allen80n8 t7e E01t0%n O)&e) a! %0& 9%) la1@ %9 !(;=e1t *atte) =()0!&01t0%n <NRS D-.D-- *a@e!
NRCP appl01a;le'. Me)l0!! a&&)e!!e& 0t 0n 70! )epl> 90le& t7e 9%ll%:0n8 &a>..3 F0)!t" C%(87l0n 7a!
t7e la: :)%n8. S(**a)> e01t0%n! a)e aa0la;le a8a0n!t a tenant %9 an> p)%pe)t> t7at 0! !(;=e1t t%
NRS C7apte) //4A" :7017 Me)l0!!5 p)%pe)t> (n?(e!t0%na;l> :a!... <:ell" a1t(all>" n%t a8a0n!t
1%**e)10al tenant5! :7e)e t7e n%n2pa>*ent %9 )ent 0! n%t ple& %) n%t01e&" a! 7e)e'.
An&" a1t(all>" *n2 .';0 ;0 *9e0o?e, -e*%%6" C%(87l0n &0& 0n 9a1t )a0!e t7e :7%le 0!!(e %9 NRS
D-.3B. 9%);0&&0n8 t7e (!e %9 a !(**a)> e01t0%n p)%1e&()e a8a0n!t a 1%**e)10al tenant :7e)e t7e
n%n2pa>*ent %9 )ent 0! n%t alle8e& 0n 70! E*e)8en1> M%t0%n 90le& O1t%;e) /Ct7" 3-//" pa8e HH" ROA"
V%l. /+ EIn *%!t 1a!e!" t7e lan&l%)& 1an 17%%!e :7et7e) t% l0le a !(**a)> %) 9-//l/al e01t0%n a1t0%n.
H%:ee)" t7e)e a)e 10)1(*!tan1e! (n&e) :7017 !(**a)> e01t0%n 1ann%t ;e (!e&. Fo- ;n0.*n=e.
0<??*-6 e1;=.;on ;0 no. *1*;%*@%e 7o-( ,4 E1;=.;on o7 =o??e-=;*% .en*n.0 7o- o.'e- .'*n
non&*6?en. o7 -en. <See NRS D-.3BD' U0;n> %o=*.;on 7o- * F=o??e-=;*%F %*9 &-*=.;=e, >%( 90le&
a n% 1a(!e" 0e" E9%) %t7e) t7an n%npa>*ent %9 )ent. n%t ;a!e& 0n la: %) 9a1t" R(le //" pl(! t70! e!1)%:
t70n8 8et! p(t a!(n&e).E Pl(!" at pa8e /-42//B %9 t7e ROA V%l. /" Re!p%n&ent 9a0le& t% ee) a&&)e!!
C%(87l0n5! a)8(*ent t7at t7e 1%()t la1@e& =()0!&01t0%n t% p)%1ee& (n&e) a !(**a)> e01t0%n !tat(te
- /C6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
a8a0n!t a 1%**e)10al tenant :7e)e t7e n%n2pa>*ent %9 )ent :a! n%t n%t01e %) ple&....S%" (n&e) P%l@"
Re!p%n&ent5! 9a0l()e t% 90le an> %pp%!0t0%n t% t7at a)8(*ent 0! ta@en a! an a&*0!!0%n. At !%*e p%0nt"
C%()t5! !(a !p%nte 170pp0n8 0n a)8(*ent! %n ;e7al9 %9 t70! ta8 tea* %9 Re!p%n&ent5! att%)ne>5! an&
t7e0) p7alanN %9 le8al a!!0!tant! :7% *a@e en%(87 t% p(!7 Me)1e&e! SL,-- !p%)t 1%(ple! e?(0ppe&
:0t7 V/3 en80ne!" :7en 1%n!0&e)0n8 all t7at 0! 0n %pp%!0t0%n t% l0l5 %l 1)aL> Za17 C%(87l0n5! le8al
&)0;;le....:ell" 0t all =(!t !ee*! @0n& %9 (n9a0)" &%e!n5t 0t. Al!%" pa8e 3BH %9 V%l. D. %9 t7e ROA *a@e!
1lea) t7at C%(87l0n p)e!e)e& 70! a)8(*ent! )elate& t% t7e %0&ne!! %9 an> !(**a)> e01t0%n %)&e)
:7e)e t7e E!e)01eE t7e)e%9 :a! a! &eepl> 9la:e& a! t7e atte*pte& !e)01e 0n t70! *atte) %9 !(17 an
O)&e).
/-. Pa8e HC2H4 %9 t7e ROA" V%l. / !7%: C%(87l0n e!ta;l0!7e& *ate)0al! 0!!(e! )e!pe1t0n8 t7e
&0!1)0*0nat0%n 1la0* an& )etal0at0%n 9%) )ep%)t0n8 1)0*0nal la: 0%lat0%n! an& 1%&e 0%lat0%n!+ Eal!%
1%*pla0ne& a;%(t t7e :%)@e)! 7e :a! 70)0n8" n%N0%(! :ee& %)&0nan1e" *%l& 0n9e!tat0%n" :0n&%: 0!
e!!ent0al !e)01e" !a9et> 7aLa)&!" %7" an& t7e lan&!1ap0n8 1)e: 1a*e %n *> p)%pe)t> an& 1%**0tte&
t7e ta@0n8 an& 1a))>0n8 a:a> %9 p)%pe)t> :7017 :a! *0ne" t7at 0! a)8(a;l> tanta*%(nt t% t7e9t" !% I
1%*pla0ne& %9 a 1)0*0nal la:. H0)0n8 (nl01en!e& an& %) (n&%1(*ente& :%)@e)! 0! !0*0la)l> a
0%lat0%n. In!(lat0%n 0! an e!!ent0al !e)01e an& a 7a;0ta;0l0t> 0!!(e.E....Al!%" Pa8e H2/3" ROA V%l. 3+
ENRS l /4a.B/- p)eent! D). Me)l0!! 9)%* )elal0at0n8 a8a0n!t t7e (n&e)!08ne& 9%) !ee@0n8 )e&)e!! 9%)
t7e!e 1%*pla0nt! t7e (n&e)!08ne& 0! p)%te1t0%n 9)%* )etal0at0%n 9%) )ep%)t0n8 0n1l(&e+ 1)0*0nal
*a>7e*" &e!t)(1t0%n %9 p)%pe)t>" t%N01 *%l& 0n9e!tat0%n" 0n!(99010ent an& &a*a8e& 0n!(lat0%n" a
;)%@en :0n&%: t7at 7a! eNp%!e& !7a)p !7a)&! %9 8la!! )e*a0n0n8 atta17e& t% t7e 1a(l@0n8" ;)%@en
@0t17en !0n@ &0!p%!al" a 9allen 1e0l0n8 l087t 90Nt()e. A&&0t0%nall>" a :a!70n8 *a170ne t7at t:01e
9l%%&e& t7e l00n8 )%%* 1a)pet" :7en )epa0)e& ;> an& 9l%%&e& a8a0n ;> E
Ant%n0%E <:7% &0& n%t 1lean (p t7e :ate) t7at 9l%%&e& t7e 9l%%)!" t7e (n&e)!08ne& &0&" :0t7 t7e
- /46., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
(n&e)!08ne&5! :et6&)> !7%pa1 0n a&&0t0%n t% pla10n8 9%() 9an! %(t t% &)> t7e 9l%%)! an& p)eent
*%l&0n8 %9 t7e 1a)pet an& 0t! (n&e)la>*ent'"...a&&0t0%nal p)%te1te& 1%*pla0nt! 0n1l(&e& 1)(*;l0n8
!ta0)! t% t7e 9)%nt ent)an1e %9 t7e 7%*e la: %9901e" )%tt0n8 :%%& an& peel0n8 8)0p !t)0p! %n t7e :%%&en
&e1@ &0)e1tl> ;e9%)e t7e 9)%nt &%%)" 1)(*;l0n8 ;)01@ !tep! 0n t7e ;a1@>a)&" eNt)e*e n%N0%(! :ee&!
!p)%(t0n8 (p %n ;%t7 p)%pe)t0e! %:ne& ;> D). Me)l0!! <:7017 al!% 1)eate eNt)e*el> pa0n9(l 8%at7ea&!
&)0e& %(t :ee& 1a)1a!!e! t7at a)e )eal 7aLa)& t% &%85! pa:!'. D). Me)l0!! )e*a)@e& 0n :)0t0n8 a;%(t
7%: *(17 *%)e 7e l0@e &eal0n8 :0t7 t7e (n&e)!08ne&5! 9%)*e) 1%2tenant"...<:7% t%%@ C%(87l0n5! !7a)e
%9 t7e F0nal t:% *%nt7! !7e l0e& at t7e )e!0&en1e an& 9a0le& t% 9%):a)& 0t %n t% D). Me)l0!!" ;(t :7%
&0& !(;!e?(entl> a))an8e t% *a@e pa>*ent! :0t7 D). Me)l0!!" an 0nte)e!t0n8 &%(;le &0pp0n8 !1ena)0%
;e0n8 1)eate& :7e)e;> D). Me)l0!! 1%(l& p%tent0all> )e1%(p *(17 *%)e t7an 7e 9eel! 7e 0! %:e&'.
<F%)*e) C%2Tenant' 0! 7al9 MeN01an" ...t7e (n&e)!08ne& 7a! *a&e a p)%te1te& 1%*pla0nt t7at 7e 0!
;e0n8 &0!1)0*0nate& a8a0n!t %n t7e ;a!0! %9 70! 0n1l(!0%n 0n !ee)al p)%te1te& 1la!!" 0e" 70! )a1e"
nat0%nal %)080n" an& !eN" :7e)e D). Me)l0!! 90n&! <C%(87l0n5! 9%)*e) C%2Tenant' a 9)e!7 ;)eeLe" 7e
90n&! t7e (n&e)!08ne& an Eent0tle&E t7%)n 0n 70! !0&e" E@eep0n8 70* a:a> 9)%* t7e 0*p%)tant :%)@ 7e
0! &%0n8 0n 70! *e&01al p)a1t01e.E S0*0la)l>" D). Me)l0!! 0! (na;le t% 7%l& Da)lene S7a)pe" a 9e*ale"
%) t7e G)een A1t0%n La:n Se)01e 1)e: an& 0t! %:ne)" all H0!pan01" a11%(nta;le 9%) t7e p)%pe)t>
&a*a8e t7e> 1a(!e& an& :7017 *!. !7a)pe en1%()a8e&" &e!p0te t7e 9a1t t7at t7e G)een A1t0%n La:n
Se)01e 1)e: :a! a:a)e %9 t7e la:n 1a)pet0n8 at t7e (n&e)!08ne&5! )e!0&en1e p)0%) t% *a@0n8 t7e0) ;0&
t% :%)@ %n t7e lan&!1ap0n86:ee&! at t7at )e!0&en1e. T7at 1)e: :a! :ell a:a)e %9 t7e la:n 1a)pet0n8
9)%* t7e ent0)e &a> , %9 t7e* !pent :ee&0n8 t7e 7%(!e D). Me)l0!! %:n! neNt &%%) t% t7e
(n&e)!08ne&5! )e!0&en1e ... t7e G)een A1t0%n 1)e: a&*0tte& t% C%(87l0n <*n2 Co<>'%;n 9*0
&-e1en.e2 7-o? 0<@?;..;n> 1;2eo *n2 *<2;o -e=o-2;n>0 ;n.o .'e -e=o-2 @6 :<2>e S7e--*GG*"
&e!p0te t7e !al0ent 0*p%)tan1e t% C%(87l0n5! 1%(nte)1la0*! an> !tate*ent! t7e> *a&e :%(l& 7ae a! t%
- /H6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
:7et7e) D). Me)l0!! 0! )e!p%n!0;le 9%) %) )at090e& t7e p)%pe)t> &a*a8e t% 1%(87l0n 1a)e9(l :%%l 8)een
la: 1a)pet 0n!tallat0%n" :7017 :a! la0&" 1(t" an& n%t17e& a)%(n& t7e 7%(!e an& eNte)0%) 9en1e 0n a e)>
eNa1t0n8 *anne)" %nl> t% ;e 1%ne)te& ;> t7e 8)een a1t0%n 1)e: an& le9t 0n t7e !t)eet an& !0&e:al@
nea) t7e 7%(!e" 1)eat0n8 a t7e9t 7aLa)& an& eN08ent !0t(at0%n 0n :7017 t7e (n&e)!08ne&5! la: p)a1t01e
!(99e)e& e1%n%*01 &a*a8e! an& C%(87l0n :a! )e?(0)e& t% ta@e 0**e&0ate a1t0%n t% *0t08ate t7e
&a*a8e!.E F()t7e)" t7e )etal0at0%n an& &0!1)0*0nat0%n 1la0* 0! p)e!e)e& an& !(pp%)te& a ROA V%l. 3"
pa8e /.+ ET7e t0*e2l0ne %9 C%(87l0n5! :)0tten 1%*pla0nt!" e!ta;l0!7e& 0n eN1)(10at0n8 &eta0l 0n t7e
atta17e& 17)%n%l%801al 1%lle1t0%n %9 t0*e !ta*pe& e*a0l! ;et:een lan&l%)& an& tenant 1lea)l>
e!ta;l0!7e! a )etal0at%)> *%t0e an& 0ntent %n D). Me)l0!!5! pa)t. 0n&ee&" D). Me)l0!! %n n(*e)%(!
%11a!0%n! )e9e))e& t% t7e (n&e)!08ne& a! Eent0tle&E. A )etal0at%)> an0*(! 0! 1lea)l> e0n1e& 0n !(17
!tate*ent!" an& a! !(17 t7e a1t(al &a*a8e! all%:e& (n&e) n)! //4A !7%(l& ;e 8)ante&...E
//. C%(87l0n 1lea)l> p)e!e)e& 9%) appeal 70! %;=e1t0%n t% ;e0n8 &en0e& t7e )087t t% a!!e)t
1%(nte)1la0*! :0t70n t7e !(**a)> e01t0%n p)%1ee&0n8" *(17 le!! :0t70n t7e ET)0alE %9 O1t%;e) 3Bt7"
3-//. See. ROA" V%l. /" pa8e /..2/.,. See K0*;e)l> E. O5Lea)>" T7e Ina&0!a;0l0t> %9 Appl>0n8
P)e1l(!0e D%1t)0ne! t% S(**a)> E01t0%n!" .- U. T%l. L. Re. DH" C3 </HH4' <EPTQ7e )eal0t0e! %9
lan&l%)&2tenant p)a1t01e *a@e t7e (!e %9 p)e1l(!0e &%1t)0ne! 0n t7e!e a1t0%n! e!pe10all>
p)%;le*at01.E'; R%!e*a)> S*0t7" L%1@e& O(t+ T7e H0&&en T7)eat %9 Cla0* P)e1l(!0%n 9%) Tenant! 0n
S(**a)> P)%1e!!" /B S(99%l@ $. T)0al M App. A&%1. /" 3B <3-/-'.
/. S.*n2*-2 o7 Re1;e9
EPAQn %)&e) 8)ant0n8 !(**a)> e01t0%n (n&e) NRS D-.3B.<,' !7%(l& ;e )e0e:e& %n appeal ;a!e&
(p%n t7e !tan&a)& 9%) )e0e: %9 an %)&e) 8)ant0n8 !(**a)> =(&8*ent (n&e) NRCP B, ;e1a(!e t7e!e
p)%1ee&0n8! a)e anal%8%(!. An(0. P()p%!e %9 !(**a)> =(&8*ent )(le 0! n%t t% &ep)0e l0t08ant! %9
t7e0) )087t t% t)0al %n *e)0t! 09 t7e> )eall> 7ae 0!!(e! t% t)>. NRCP B,<1'. P0ne . Lea0tt" /H,4" DDB
P.3& HD3" 4D Ne. B-C; S(**a)> =(&8*ent 0! &)a!t01 )e*e&>. NRCP B,<1'. P0ne . Lea0tt" /H,4" DDB
- 3-6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
P.3& HD3" 4D Ne. B-C. /o=<?en.*-6 e1;2en=e, 'e*-;n> *n2 2e.e-?;n*.;on on * ?o.;on 7o-
0<??*-6 C<2>?en., 2o=<?en.*-6 e1;2en=e ?<0. @e =on0.-<e2 ;n .'e %;>'. ?o0. 7*1o-*@%e .o .'e
non?o1;n> &*-.6, *n2 *%% o7 .'e non?o1;n> &*-.6A0 0.*.e?en.0 ?<0. @e *==e&.e2 *0 .-<e *n2 *
2;0.-;=. =o<-. ?*6 no. &*00 on .'e =-e2;@;%;.6 o7 *77;2*1;.0. Sa:>e) . S(8a)le!! S7%p!" In1." /HH-"
CH3 P.3& /D" /-, Ne. 3,B" )e7ea)0n8 &en0e&. Gen(0ne 0!!(e %9 *ate)0al 9a1t p)e1l(&0n8 8)ant %9
!(**a)> =(&8*ent 0n 9a%) %9 e*pl%>e) ...p)e!ente& ;> e*pl%>e)5! e0&en1e t7at e*pl%>ee :a!
0n=()e& 0n a 9087t ... an& .e0.;?on6 ;> t7e 0n=()e& e*pl%>ee... T!17a;%l& . O)lan&%" /H4C" C.C P.3&
B-," /-. Ne. 33D.
T)0al 1%()t5! =()0!&01t0%n 0n !(**a)> p)%1ee&0n8 9%) e01t0%n %9 a tenant :a! &0e!te&" an&
=()0!&01t0%n %9 1%()t %9 appeal atta17e&" (p%n t0*el> 90l0n8 %9 appeal ;%n&" an& t)0al 1%()t t7e)ea9te)
7a& n% =()0!&01t0%n 0n *atte) eN1ept a! t% 1e)ta0n *atte)! n%t pe)t0nent t% appeal an& t% te!t !()et> %n
appeal ;%n&. Sa)p> . &e la H%(!!a>e" 3/C S%.3& C4. <La.App." /H,H'; Ma1@2Manle> . Manle>"
/33 Ne. 4DH" /.4 P..& B3B <3--,'.
G%*eL . In&epen&en1e Mana8e*ent %9 Dela:a)e" In1." H,C A.3& /3C, <D.C. 3--H'+ E9n /H.
#e 7ae !a0& 0n an%t7e) 1%nteNt t7at a 1la0* %9 Ja )etal0at%)> *%t0e 0! a ?(e!t0%n %9 9a1t 9%) t7e =()>
<%) t7e =(&8e 0n a n%n2=()> t)0al'" an&" l0@e %t7e) t>pe! %9 1la0*! 0n :7017 *%t0e %) 0ntent 0! 0n 0!!(e"
0! n%t :ell !(0te& t% &0!p%!0t0%n %n a *%t0%n 9%) !(**a)> =(&8*ent.K A)t7() Y%(n8 M C%. .
S(t7e)lan&" ,./ A.3& .BD" .,4 <D.C./HH.' <)e9e))0n8 t% a 1la0* %9 )etal0at%)> a1t0%n (n&e) t7e
DCHRA'; !ee E&:a)&!" !(p)a n%te /4" /.- U.S. App. D.C. at /D/" .HC F.3& at C-3 <JT7e ?(e!t0%n %9
pe)*0!!0;le %) 0*pe)*0!!0;le p()p%!e 0! %ne %9 9a1t 9%) t7e 1%()t %) =()>XK'. #e 7ae !a0& t7e !a*e
t70n8 a;%(t 1la0*! %9 &0!1)0*0nat0%n" !ee" e.8." H%ll0n! . Fe&e)al Nat0%nal M%)t8a8e A!!5n" C,- A.3&
B,." BCH24- <D.C.3---'" ;(t :e 7ae" %n %11a!0%n" (p7el& a t)0al 1%()t 8)ant %9 !(**a)> =(&8*ent 0n
9a%) %9 a &e9en&ant a11(!e& %9 &0!1)0*0nat0%n. See" e.8." Ha*0lt%n . H%:a)& Un0e)!0t>" H,- A.3&
- 3/6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
.-4" ./B2/, <D.C.3--4'; #alla1e . S@a&&en" A)p!" Slate" Mea87e) M Fl%* LLP" CHH A.3& .4/" .4,
<D.C.3--3'; H%ll0n!" C,- A.3& at BC/. #e t7e)e9%)e &% n%t 9%)e1l%!e t7e p%!!0;0l0t> t7at" %n a p)%pe)l>
!(pp%)te& )e1%)&" t7e t)0al 1%()t *a> &0!p%!e %9 a &e9en!e %9 )etal0at%)> e01t0%n at t7e !(**a)>
=(&8*ent !ta8e. #7en t7e !tat(t%)> p)e!(*pt0%n %9 )etal0at%)> a1t0%n 7a! ;een t)088e)e&" 7%:ee)" t7e
)e1%)& :%(l& 7ae t% e!ta;l0!7" (n&e) t7e !tan&a)&! t7at 8%e)n !(**a)> =(&8*ent" t7at t7e lan&l%)&
7a! )e;(tte& 0t ;> 1lea) an& 1%n0n10n8 e0&en1e.E #7et7e) a pa)t01(la) !et %9 9a1t! 80e! )0!e t% a
le8al &e9en!e 0! a ?(e!t0%n %9 la:. See BantL. . M%nt8%*e)> E!tate!" In1. /,. #0!.3& HC." HC4" DC.
N.#.3& B-,"B-4 <Ct.App. /HH/' <:7et7e) 9a1t! 9(l90ll a pa)t01(la) le8al !tan&a)& 0! a ?(e!t0%n %9 la:'.
U(e!t0%n! %9 la: a)e )e0e:e& &e n%%. State In&(!t)0al In!. S>!. . Un0te& ENp%!0t0%n Se)!. C%." /-H
Ne. 34" .- </HH.'. A *%t0%n 9%) !(**a)> =(&8*ent *a> ;e !(pp%)te& n%t %nl> ;> t7e plea&0n8! ;(t
;> &0!1%e)> p)%1e&()e!" &e*an& 9%) a&*0!!0%n!" a990&a0t! an& &ep%!0t0%n!. NRCP B,. D)e&8e C%)p.
. H(!0te C%." /H,3" .,H P.3& ,C," C4 Ne. ,H" 1e)t0%)a)0 &en0e& 4. S.Ct. .H" .C/ U.S. 43/" H L.E&.3&
,/. On a *%t0%n 9%) !(**a)> =(&8*ent" n%n2*%0n8 pa)t>5! !tate*ent! *(!t ;e a11epte& a! t)(e" all
)ea!%na;le 0n9e)en1e! t7at 1an ;e &)a:n 9)%* t7e e0&en1e *(!t ;e a&*0tte&" an& ne0t7e) t7e t)0al
1%()t n%) S(p)e*e C%()t *a> &e10&e 0!!(e! %9 1)e&0;0l0t> ;a!e& (p%n t7e e0&en1e !(;*0tte& 0n t7e
*%t0%n %) t7e %pp%!0t0%n. Pe8a!(! . Ren% Ne:!pape)!" In1." 3--3" BC P..& 43" //4 Ne. C-,"
)e7ea)0n8 &en0e&" )e1%n!0&e)at0%n en ;an1 &en0e&" 1e)t0%)a)0 &en0e& /3D S.Ct. 43" BD- U.S. 4/C" /BC
L.E&.3& .D. In &e10&0n8 :7et7e) !(**a)> =(&8*ent 0! app)%p)0ate" e0&en1e *(!t ;e 0e:e& 0n l087t
*%!t 9a%)a;le t% pa)t> a8a0n!t :7%* !(**a)> =(&8*ent 0! !%(87t" an& 9a1t(al alle8at0%n!" e0&en1e"
an& all )ea!%na;le 0n9e)en1e! 0n 9a%) %9 t7at pa)t> *(!t ;e p)e!(*e& 1%))e1t. R(le! C0.P)%1." R(le
B,<1'. NGA G3 Lt&. L0a;0l0t> C%. . Ra0n!" /HHC" HD, P.3& /,." //. Ne. //B/. In 1%n!0&e)0n8
*%t0%n 9%) !(**a)> =(&8*ent" &0!t)01t 1%()t! *(!t 1%n!t)(e e0&en1e p)e!ente& 0n l087t *%!t
9a%)a;le t% pa)t> a8a0n!t :7%* !(**a)> =(&8*ent 0! !%(87t; all %9 n%n*%ant5! !tate*ent! *(!t ;e
- 336., -

5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
a11epte& a! t)(e" an& &0!t)01t 1%()t! *a> n%t pa!! %n 1)e&0;0l0t> %9 a990&a0t!. R(le! C0.P)%1." R(le
B,<1'. #al@e) . A*e)01an Ban@e)! In!. G)%(p" /HH3" 4., P.3& BH" /-4 Ne. B... EE0&en1e
!(pp%)te& 90n&0n8 t7at lan&l%)&5! e01t0%n %9 tenant :a! )etal0at%)> 9%) 7e) 1%*pla0nt! 1%n1e)n0n8
pe)!0!tent pl(*;0n8 p)%;le*! an& 1%n&0t0%n %9 1%**%n a)ea!. n.).!. //4a.B/-. Pa(ll0n . S(tt%n" /-3
Ne. D3/"C3D P.3& CDH </H4,'.
III. ARGU8EN$; A. S<??*-6 O7 $'e A-><?en.(
T7e l%:e) 1%()t e))e& :7en 0t 0!!(e& an %)&e) %9 !(**a)> e01t0%n. C%(87l0n p)e!ente&
!(99010ent e0&en1e t% )a0!e t7e le8al &e9en!e %9 7a;0ta;0l0t> an& )etal0at0%n" an& a*;08(%(! ?(e!t0%n!
%9 Lea!e 0nte)p)etat0%n. C%(87l0n al!% p)e!ente& a*ple e0&en1e %9 a 8en(0ne le8al &0!p(te ;et:een
t7e pa)t0e! 1ente)0n8 %n t7e 0nte)p)etat0%n %9 :7at 1%n!t0t(te& &a*a8e! 1a(!e& ;> Ea8ent!E %9 t7e
lan&l%)& <9%) :7017 t7e Lea!e A8)ee*ent 1all! 9%) t7e lan&l%)&5! l0a;0l0t>" :7017 en8en&e)e& a
)etal0at%)> e01t0%n 7e)e (p%n a )ent %99!et ;e0n8 p)%pe)l> a!!e)te&' (n&e) t7e lea!e. On1e t70! le8al
&e9en!e :a! )a0!e&" t7e l%:e) 1%()t !7%(l& 7ae &e1l0ne& t% 0!!(e a !(**a)> e01t0%n %)&e) (n&e)
NRS D-.3B..
B. $HE LOWER COUR$S ERRE/ IN ISSUINGEUPHO/LING A SU88ARY
EIC$ION OR/ER IN $HE FACE OF ES$ABLISHE/ LEGAL /EFENSES, CLEAR
:URIS/IC$IONAL /EFEC$S, PROCE/URAL AN/ SUBS$AN$IE /UE PROCESS
/EFICIENCIES, 8IS$AKES OF LAW, E$C., E$C.
J/-.SUBLEASING+ Re!0&ent *a> n%t a!!08n" !(;let" %) t)an!9e) 70! 0nte)e!t" n% an> pa)t
t7e)e%9 :0t7%(t p)0%) :)0tten 1%n!ent %9 *ana8e*ent" :7017 :0ll n%t ;e (n)ea!%na;l> :0t77el&.
Re0;2en. 7<-.'e- ?*6 <0e .'e &-e?;0e0 7o- *n6 =o??e-=;*% en.e-&-;0e, @<. no. 7o- *n6 &<-&o0e
9';=' <n%*97<%.K
J//. OCCUPANCY+ O11(pan1> %9 t7e p)e*0!e! 0! l0*0te& t% 3 a&(lt! T C70l&)en" an& !7all ;e (!e&
9%) a )e!0&en1e an& 9%) %t7e) p()p%!e!....K
J/.. UTILITIES+ Re!0&ent a8)ee! t% pa> 9%) t7e 9%ll%:0n8 (t0l0t0e!+ Ga! N Ele1t)010t> N O0lAAA" L087t
N" Heat N" Ene)8> N" Ot7e)AAAAA" Re!0&ent5! )e!p%n!0;0l0t> 9%) t7e!e ;e80n! at t7e 1%**en1e*ent %9
t70! a8)ee*ent. See atta17e& t)an!9e) %9 a11%(nt A&&en&(* <n%te+ t7e)e 0! n% !(17 T)an!9e) %9
- 3.6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
A11%(nt A&&en&(* atta17e& t% t7e Lea!e A8)ee*ent'. Ut0l0t0e! n%t pa>a;le ;> t7e Re!0&ent :0ll ;e
pa0& ;> t7e Mana8e*ent.K
F()t7e)" a*;08(0t> eN0!t! :0t7 )e!pe1t t% Se1t0%n! . an& 3- %9 t7e Lea!e A8)ee*ent an& !tate
la: 1%n1e)n0n8 )etal0at0%n an& t7e %0&0n8 %9 lea!e te)*! t7at a)e (n1%n10%na;le. A! !(17" t7e 0*p%)t
%9 Se1t0%n 3- 0! 0t0ate& 0n l087t %9 Se1t0%n . an& t7e )etal0at%)> 1%n&(1t %9 t7e lan&l%)&. T7at ;e0n8
t7e 1a!e" NRS D-..,-<.'5! &01tate! t7at B &a>! elap!e 9)%* ent)> %9 %)&e) <9%) lea!e! t7at 7ae n%t
te)*0nate& ;> t7e0) te)*!' *a&e t70! %)&e) an& t7e l%1@%(t %0& an& p)e!ent )ee)!0;le e))%)" a! :ell
a! a la1@ %9 !(;=e1t *atte) =()0!&01t0%n.
J3- TERMINATION+ T70! A8)ee*ent an& t7e tenan1> 7e)e;> 8)ante& *a> ;e te)*0nate& ;>
e0t7e) pa)t> :0t70n .- &a>! %9 t7e &e90ne& te)*0nat0%n &ate <)e9e) t% Pa)a8)ap7 3'" %) an> t0*e
t7e)ea9te) ;> 800n8 t7e %t7e) pa)t> n%t le!! t7an t70)t> <.-'&a> p)0%) n%t01e 0n :)0t0n8 %) a! %t7e):0!e
all%:e& ;> t7e la:! %9 t7e State %9 Nea&a <Re9e) t% Pa)a8)ap7 / an& H 9%) *%neta)> l0a;0l0t0e!'.K
A*0;08(0t> !(99010ent t% &e9eat !(**a)> =(&8*ent :a! a)8(e& an& !(pp%)te& ;> e0&en1e
<0n1l(&08n RMC C%&e %n a n%N0%(! :ee& %)&0nan1e" :ee& 7e087t" an& p01t()e! 1lea)l> !7%:0n8 t7e
:ee&! eN1ee&e& t7e pe)*0!!0;le :ee& 7e087t!" 0n 1%n=(n1t0%n :0t7 t7e 9%ll%:0n8 Lea!e A8)ee*ent
!e1t0%n+
J33 MAINTENANCE" REPIARS" OR ALTERATIONS+...Ten*n. 9;%% ;--;>*.e *n2 ?*;n.*;n *n6
0<--o<n2;n> >-o<n20, ;n=%<2;n> %*9n0 *n2 0'-<@@e-6, ;7 .'e6 *-e 7o- .'e .en*n.A0 ex=%<0;1e
<0e. ... O9ne- 9;%% @e -e0&on0;@%e 7o- .'e =o0. o7 *n6 -e.-o7;..;n> -eH<;-e2 @6 >o1e-n?en.*%
*>en=;e0.K
Re!p%n&ent p(t %n a;!%l(tel> n% e0&en1e" a(t7%)0t>" %) a)8(*ent" )eall>" t7at t7e :ee&!
!7%(l& ;e 1%n!0&e)e& tenant5! p)%;le* 0n l087t %9 t7e a;%e. Re8a)&le!!" Re!p%n&ent :a0e& an> !(17
1la0* ;> a8)ee0n8 t% pa> Tenant t% &% t7e :ee&0n8" %nl> Re!p%n&ent %) 70! Jp)%pe)t> *ana8e)K
*e!!e& t7at (p ;> al!% 70)0n8 G)een A1t0%n La:n Se)01e t% &% t7e !a*e <an& Re!p%n&ent a1t(all>
te!t090e& (n&e) %at7 t7at 7e pa0& t7at 1)e: S3"--- t% &% t7e !a*e t70n8 7e pa0& Appellant S.B- t%
&%...'. T7e %nl> p)%;le* 0! t7at lan&!1ap0n8 1)e: &a*a8e& Appellant5! pe)!%nal p)%pe)t> an& 1a(!e
l%!t ;(!0ne!!" p)%90t!" an& 1%n!e?(ent0al &a*a8e!" all !(pp%)te& ;> te!t0*%n> an& &%1(*enta)>
- 3D6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
e0&en1e. An& t7e Lea!e A8)ee*ent *a@e! Re!p%n&ent l0a;0le 9%) !(17" %) at lea!t !(99010ent
a*;08(0t> eN0!t! 0n t7at )e8a)& t% p)e1l(&e t7e !(**a)> =(&8*ent %n t7at 0!!(e t7e T)0al C%()t *a&e+
J3.. DAMAGES TO PREMISES+ I9 t7e p)e*0!e a)e &a*a8e& ;> t0*e %) t7)%(87 an> %t7e) 1a(!e
:7017 )en&e)! t7e p)e*0!e! (ntenanta;le" e0t7e) pa)t> :0ll 7ae t7e )087t t% te)*0nate& t70! A8)ee*ent
a! t7e &ate %n :7017 t7e &a*a8e %11()!.
#)0tten n%t01e %9 te)*0nat0%n :0ll ;e 80e t% t7e %t7e) pa)t> :0t70n 909teen </B' &a>! a9te) %11())en1e %9 !(17 &a*a8e.
S7%(l& !(17 &a*a8e %) &e!t)(1t0%n %11() a! t7e )e!(lt %9 ne8l08en1e %9 Tenant" %) 70!67e) 0n0tee" t7en %nl> t7e O:ne) :0ll
7ae t7e )087t t% te)*0nate. S7%(l& t70! )087t ;e eNe)10!e& ;> 7e) O:ne) %) Tenant" t7e )ent 0n t7e 1())ent *%nt7 :0ll ;e
p)%)ate& ;et:een t7e pa)t0e! a! %9 t7e &ate t7e &a*a8e %11())e&. An> p)epa0& )ent an& (n(!e& !e1()0t> &ep%!0t :0ll ;e
)e9(n&e& t% Tenant. I9 t70! A8)ee*ent 0! n%t te)*0nate&" t7en O:ne) :0ll p)%*pt;> )epa0) t7e p)e*0!e! an& t7e)e :0ll ;e a
p)%p%)t0%nate )e&(1t0%n %9 )ent (nt0l t7e p)e*0!e! a)e )epa0)e& an& )ea&> 9%) Tenant5! %11(pan1>. T7e p)%p%)t0%nate
)e&(1t0%n :0ll ;e ;a!e& %n t7e eNtent :7017 )epa0)! 0nte)9e)e :0t7 Tenant5! )ea!%na;le (!e %9 t7e p)e*0!e!.K
23. #7et7e) t7e tenan1> :a! JeNp0)e&K %) Jte)*0nate&K !(17 t7at NRS D-..,-<.' :%(l& ;e
0*pl01ate&T T7e Lea!e A8)ee*ent 0! a1t(all> !t)%n8l> 0n !(pp%)t %9 a 90n&0n8 1%nt)a)> t% t7at *a&e
;> $(&8e S9e))aLLa" :7e)e" at S(;!e1t0%n . 0t )ea&!+
J.. HOLDOVER+ Un&e) Nea&a la: t70! Rental A8)ee*ent an& an> 17an8e! p)%pe)l>
a8)ee& t% 9;%% -e?*;n ;n e77e=. on * ?on.'%6 @*0;0 *7.e- .'e ;n;.;*% .e-?. A .- &a>
:)0tten n%t01e t% a1ate *(!t ;e 0!!(e& ;> t7e Re!0&ent p)0%) t% a1at0n8 an>t0*e &()0n8 %)
a9te) t7e 0n0t0al te)* %9 t70! a8)ee*ent. IF 0*p)%pe) n%t01e %) n% n%t01e t% a1ate 0! 80en
;> Re!0&ent" Re!0&ent 0! l0a;le 9%) p)%)ate& )ent (nt0l la:9(l te)*0nat0%n an& Mana8e*ent
*a> &e&(1t t70! 9)%* t7e Se1()0t> Dep%!0t %n 7an&" %) 1%lle1t an> *%ne> &(e ;> %t7e)
la:9(l *ean!.K
T7e Lea!e A8)ee*ent eNp)e!!l> p)%0&e! t7at Appellant 1%(l& (!e t7e p)e*0!e! 9%) an>
p()p%!e. F()t7e)" t7e p)e0%(! tenant (!e& t7e p)e*0!e! 9%) a 1%**e)10al p()p%!e <a &)(8 an& al1%7%l
)e7a;0l0tat0%n 1%(n!el0n8 !e)01e" Ba!01 A&&01t0%n Se)01e!'" an& t7e L%n0n8 9%) t7e p)e*0!e! all%:!
9%) t7e !a*e. T7e)e &0& eN0!t! !%*e a*;08(0t> :0t7 )e!pe1t t% :7%!e )e!p%n!0;0l0t> 0t :a! t% ten& t%
t7e Jn%N0%(! :ee& %)&0nan1eK 0%lat0n8 <an& 9%) :7017 a p)%pe) 7a;0ta;0l0t> 1%*pla0nt :a! *a&e
(n&e) NRS //4A.3H-" an& Appellant te!t090e& t7at 7e )ep%)te& t% JRen% D0)e1tK t7e 0%lat0%n %9 RMC
t7)ee2t0*e! >ea)l> :ee&!" a! t7e Lea!e A8)ee*ent !tate! t7at Jt7e tenant !7all ta@e 1a)e %9 t7e la:n
an& !())%(n&0n8 p)e*0!e!K. H%:ee)" t7e te)* Jla:nK t)a&0t0%nall> 1%nn%te! 8)a!!. T7e)e :a! n%
8)a!! at t7e p)e*0!e!" )at7e) a p%%) *0Nt()e %9 &0)t an& &099(!e &e1%*p%!e& 8)an0te. Clea)l>" t7e
- 3B6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Lea!e A8)ee*ent 0! n%t 1lea) :0t7 )e!pe1t t% :7%!e )e!p%n!0;0l0t> 0t :a! t% pa> 9%) %) t% ten& t% :ee&
1a)e. An%t7e) 0n!tan1e %9 a*;08(0t> 0n t7e Lea!e A8)ee*ent a! 0!!(e 0n t70! *atte) )elate& t% :7et7e)
t7e tenan1> Jte)*0nate&K (p%n t7e eNp0)at0%n %9 %ne >ea) %) :7et7e) t7e Lea!e A8)ee*ent
a(t%*at01all> )ene:e&.
A&&0t0%nall>" Appellant )e!pe1t9(ll> !(;*0t! t7at t7e O1t%;e) 3C
t7
" 3-// O)&e) 0! n%t 0n
1%*pl0an1e :0t7 Nea&a La: 0na!*(17 a! 0t 1all! 9%) eNe1(t0%n %9 t7e e01t0%n :0t70n 3D 7%()! %9
!e)01e %9 0t. NRS D-..,- !tate! t7at E#7en t7e p)%1ee&0n8 09 9%) an (nla:9(l &eta0ne) a9te) t7e &e9a(lt
0n t7e pa>*ent %9 )ent" an& t7e lea!e a8)ee*ent (n&e) :7017 t7e )ent 0! pa>a;le 7a! n%t ;> 0t! te)*!
eNp0)e&" eNe1(t0%n (p%n t7e =(&8*ent !7all n%t ;e 0!!(e& (nt0l t7e eNp0)at0%n %9 B &a>! a9te) ent)> %9
t7e =(&*8ent....E JNRS D-..,- <.'. ENe1(t0%n an& en9%)1e*ent. #7en t7e p)%1ee&0n8 0! 9%) an
(nla:9(l &eta0ne) a9te) &e9a(lt 0n t7e pa>*ent %9 t7e )ent" an& t7e lea!e %) a8)ee*ent (n&e) :7017 t7e
)ent 0! pa>a;le 7a! n%t ;> 0t! te)*! eNp0)e&" eNe1(t0%n (p%n t7e =(&8*ent !7all n%t ;e 0!!(e& (nt0l t7e
eNp0)at0%n %9 B &a>! a9te) t7e ent)> %9 t7e =(&8*ent" :0t70n :7017 t0*e t7e tenant" %) an> !(;tenant" %)
an> *%)t8a8ee %9 t7e te)*" %) %t7e) pa)t> 0nte)e!te& 0n 0t! 1%nt0n(an1e" *a> pa> 0nt% 1%()t 9%) t7e
lan&l%)& t7e a*%(nt %9 t7e =(&8*ent an& 1%!t!" an& t7e)e(p%n t7e =(&8*ent !7all ;e !at0!90e& an& t7e
tenant ;e )e!t%)e& t% t7e tenantI! e!tate; ;(t" 09 pa>*ent" a! 7e)e0n p)%0&e&" ;e n%t *a&e :0t70n t7e B
&a>!" t7e =(&8*ent *a> ;e en9%)1e& 9%) 0t! 9(ll a*%(nt an& 9%) t7e p%!!e!!0%n %9 t7e p)e*0!e!. In all
%t7e) 1a!e! t7e =(&8*ent *a> ;e en9%)1e& 0**e&0atel>.K S%" t% t7e eNtent t7e R$C 17%!e t% )ea& 0nt%
Re!p%n&ent5! 1a!e :7at :a! n%t plea& %) a)8(e& <t7e R$C !ee*e& t% :ant t% 1)eate a n%n2pa>*ent %9
)ent O)&e) :7e)e !(17 a 1la0* :a! n%t plea&" 0n :7017 1a!e" t()na;%(t 0! 9a0) pla>" an& t7e O1t%;e)
3C
t7
" 3-// O)&e) 0! %0& 9%) la1@ %9 =()0!&01t0%n 0n t7at 0! 8%e! a8a0n!t t7e &01tate! %9 NRS D-..,- <.'
)e8a)&0n8 eNe1(t0%n an& en9%)1e*ent. F()t7e)" NRCP ,3<&'" NRS D-..4B" an& NRAP C p)%0&e t7at
- 3,6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
eNe1(t0%n %9 an O)&e) !7all ;e !ta>e& pen&0n8 appeal a! l%n8 a! a ;%n& %) e?(0alent !e1()0t> 0n t7e
!(* %9 S3B- t% 1%e) 1%!t! %9 appeal 0! 9le& :0t7 t7e &0!t)01t 1%()t. T7e R$C 7el& %n t% S3"3CB %9
Appellant! *%ne>" *%)e t7an en%(87 t% 1%e) t7e S3B- appeal ;%n& an& an> )ea!%na;le !(pe)!e&ea!
;%n& <an& NRS D-..4B !t)%n8l> a!!e)t! t7at a !(pe)!e&ea! ;%n& %9 %nl> S3B- :a! all )e?(0)e& %9
Appellant :7e)e 70! )ent :a! le!! t7an S/"---" a! 7e)e'. Appellant *a> %;ta0n a !ta> pen&0n8 appeal
;> 1%*pl>0n8 :0t7 t7e p)%0!0%n! %9 NRS D-..4B. T70! !tat(te <at t7e )eleant t0*e 0n ?(e!t0%n'
p)%0&e& t7at 09 an appeal 0! ta@en 9)%* an %)&e) %9 !(**a)> e01t0%n ente)e& p()!(ant t% NRS
D-.3B." Ea !ta> %9 eNe1(t0%n *a> ;e %;ta0ne& ;> 90l0n8 :0t7 t7e t)0al 1%()t a ;%n& 0n t7e a*%(nt %9
S3B- t% 1%e) t7e eNpe1te& 1%!t! %n appeal.E NRS D-..4B</'. T7e !tat(te 9()t7e) p)%0&e! t7at 09 t7e
!(;=e1t lea!e 0! 9%) 1%**e)10al p)%pe)t> an& t7e *%nt7l> )ent eN1ee&! S/"---" t7e &0!t)01t 1%()t E*a>"
(p%n 0t! %:n *%t0%n %) t7at %9 a pa)t>" an& (p%n a !7%:0n8 %9 8%%& 1a(!e" %)&e) an a&&0t0%nal ;%n& t%
;e p%!te& t% 1%e) t7e eNpe1te& 1%!t! %n appeal.E I&. $(&8e S9e))aLLa5! N%e*;e) C" 3-// O)&e)"
p()p%)t0n8 t% )elea!e t% Appellant :7at 7a& ea)l0e) ;een 1la!!090e& a! !at0!9>0n8 ;%t7 t7e appeal ;%n&
an& !(pe)!e&ea! ;%n&" 0n a&&0t0%n t% )e!ett0n8 t7e a*%(nt !(17 a !(pe)!e&ea! ;%n& :%(l& enta0l t% an
0*pe)*0!!0;l> 7087 908()e" %(t!0&e t7e =()!0&01t0%n aa0la;le t% t7e R$C :7e)e t7e Appellant5! )ent :a!
(n&e) S/"---" an& al!% :7e)e t7e appellant :a! a 1%**e)10al tenant an& n%n2pa>*ent %9 )ent :a! n%t
alle8e&.
NRS 11!A.36# (F t7e .en*n. ?*6 2e2<=. 7-o? ';0 o- 'e- -en. .'e
*=.<*% *n2 -e*0on*@%e =o0. o- .'e 7*;- o- -e*0on*@%e 1*%<e o7 .'e 9o-B, no.
ex=ee2;n> .'e *?o<n. 0&e=;7;e2 ;n .';0 0<@0e=.;on.E
NRS 11!A.3!# F*;%<-e o7 %*n2%o-2 .o 0<&&%6 e00en.;*% ;.e?0 o- 0e-1;=e0.
/. I9 t7e lan&l%)& 0! )e?(0)e& ;> t7e )ental a8)ee*ent %) t70! 17apte) t% !(ppl>
7eat" a0)21%n&0t0%n0n8" )(nn0n8 :ate)" 7%t :ate)" e%e=.-;=;.6" 8a!" * 7<n=.;on;n>
2oo- %o=B %) an%t7e) e!!ent0al 0te* %) !e)01e an& t7e lan&l%)& :0ll9(ll> %)
ne8l08entl> 9a0l! t% &% !%" 1a(!0n8 t7e p)e*0!e! t% ;e1%*e (n90t 9%) 7a;0tat0%n" t7e
tenant !7all 80e :)0tten n%t01e t% t7e lan&l%)& !pe109>0n8 t7e ;)ea17. I9 t7e
lan&l%)& &%e! n%t a&e?(atel> )e*e&> t7e ;)ea17" %) (!e 70! %) 7e) ;e!t e99%)t! t%
)e*e&> t7e ;)ea17 :0t70n D4 7%()!" eN1ept a Sat()&a>" S(n&a> %) le8al 7%l0&a>"
- 3C6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
a9te) 0t 0! )e1e0e& ;> t7e lan&l%)&" t7e tenant *a>" 0n a&&0t0%n t% an> %t7e)
)e*e&>+
<a' P-o=<-e -e*0on*@%e *?o<n.0 o7 0<=' e00en.;*% ;.e?0 o- 0e-1;=e0 2<-;n>
.'e %*n2%o-2I0 non=o?&%;*n=e *n2 2e2<=. .'e;- *=.<*% *n2 -e*0on*@%e =o0.
7-o? .'e -en.;
<;' Re1%e) a1t(al &a*a8e!" 0n1l(&0n8 &a*a8e! ;a!e& (p%n t7e la1@ %9 (!e %9
t7e p)e*0!e! %) t7e &0*0n(t0%n %9 t7e 9a0) )ental al(e %9 t7e &:ell0n8 (n0t;
NRS 11!A.,9# H*@;.*@;%;.6 o7 29e%%;n> <n;..
/. T7e lan&l%)& !7all at all t0*e! &()0n8 t7e tenan1> *a0nta0n t7e &:ell0n8 (n0t
0n a 7a;0ta;le 1%n&0t0%n. A &:ell0n8 (n0t 0! n%t 7a;0ta;le 09 0t 0%late! &-o1;0;on0
o7 'o<0;n> o- 'e*%.' =o2e0 =on=e-n;n> .'e 'e*%.', 0*7e.6, 0*n;.*.;on o- 7;.ne00
7o- '*@;.*.;on o7 .'e 29e%%;n> <n;. o- ;7 ;. 0<@0.*n.;*%%6 %*=B0+
<a' E99e1t0e :ate)p)%%90n8 an& :eat7e) p)%te1t0%n %9 t7e )%%9 an& eNte)0%)
:all!" 0n1l(&0n8 9;n2o90 an& &%%)!.
<;' P%<?@;n> 7*=;%;.;e0 9';=' =on7o-?e2 .o *&&%;=*@%e %*9 9'en ;n0.*%%e2
*n2 9';=' *-e ?*;n.*;ne2 ;n >oo2 9o-B;n> o-2e-.
<1' A :ate) !(ppl> app)%e& (n&e) appl01a;le la:" :7017 0!+
</' Un&e) t7e 1%nt)%l %9 t7e tenant %) lan&l%)& an& 0! 1apa;le %9 p)%&(10n8
7%t an& 1%l& )(nn0n8 :ate);
<3' F()n0!7e& t% app)%p)0ate 90Nt()e!; an&
<.' Conne=.e2 .o * 0e9*>e 2;0&o0*% 060.e? *&&-o1e2 <n2e- *&&%;=*@%e
%*9 *n2 ?*;n.*;ne2 ;n >oo2 9o-B;n> o-2e- t% t7e eNtent t7at t7e !>!te* 1an ;e
1%nt)%lle& ;> t7e lan&l%)&...
<&' A&e?(ate 'e*.;n> 7*=;%;.;e0 :7017 1%n9%)*e& t% appl01a;le la: :7en
0n!talle& an& a)e *a0nta0ne& 0n 8%%& :%)@0n8 %)&e)....
<8' B(0l&0n8" 8)%(n&!" app()tenan1e! an& all %t7e) a)ea! (n&e) t7e lan&l%)&I!
1%nt)%l at t7e t0*e %9 t7e 1%**en1e*ent %9 t7e tenan1> 0n ee)> pa)t 1lean"
!an0ta)> an& )ea!%na;l> 9)ee 9)%* all a11(*(lat0%n! %9 &e;)0!" 7;%.'" )(;;0!7"
8a);a8e" )%&ent!" 0n!e1t! an& e)*0n.
<7' Fl%%)!" :all!" 1e0l0n8!" 0.*;-9*60 an& )a0l0n8! *a0nta0ne& 0n 8%%& )epa0).
<0' en.;%*.;n>" a0)21%n&0t0%n0n8 an& %t7e) 9a10l0t0e! an& appl0an1e!" 0n1l(&0n8
eleat%)!" *a0nta0ne& 0n 8%%& )epa0) 09 !(ppl0e& %) )e?(0)e& t% ;e !(ppl0e& ;> t7e
lan&l%)&.E
C%(87l0n p)e!ente& e0&en1 9%(n& 0n t7e ROA an& EN70;0t! a! !et 9%)t7 7e)e0n t7at
p)e!ent a *ate)0al 0!!(e %9 9a1t a! t% t7e a;%e !tat(t%)> !e1t0%n! an& t7e e*a0l! an& te!t0*%n> an&
%t7e) 10)1(*!tan1e! 0n&01ate )elat0at0%n an& &0!1)0*0nat0%n.
- 346., -
5
10
15
20
25


1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
C. $'e /;0.-;=. Co<-. Co??;..e2 Re1e-0;@%e E--o- W'en ;. F*;%e2 .o...
I. CONCLUSION( T7e L%:e) C%()t! 1%**0tte& )ee)!0;le e))%) ;> !(**a)0l> e01t0n8
C%(87l0n5! 0n a *anne) t7at &en0e& C%(87l0n a *(lt0t(&e %9 !tat(t%)0l> )e?(0)e& p)%te1t0%n!" :70le at
t7e !a*e t0*e" 0*pe)*0!!0;l> )e*0N0n8 t7e la: t% t7e (tte) ;ene90t %9 lan&l%)& an& 70! 1%(n!el.
Date& t70! &a> 3,t7 &a> %9 A(8(!t" 3-/3" Re!pe1t9(ll> S(;*0tte& B>+
Ne1*2* B*- No. 9+)3
P.O. Box 3961
Reno, N !9"#"
$e%e&'one( ))".33!.!11!
F*x( 9+9.66).)+#,
P-o 0e A&&e%%*n.
- 3H6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
ENDNOTES
/.See FFCLMO at /
3.NRS D-.3B.<,'. FFCLMO at D" W..
..See FFCLMO at ." WH et !e?. See" al!%" ROA" V%l. I" pp. 3.423,,; ROA" V%l. V" pp. /HD2/H4.
D.NRS D-.3B.<,'.
B.ROA" V%l. I" p. /B..
,.ROA V%l. III" pp. 33H23...
C.ROA" V%l. III" pp. /42...
4. An(0" LLC . G.L. D)a8%n" LLC" /3. Ne. 3/3"3/B"/,. P..& D-B <3--C'.
/.T%))eal;a . Ke!*0t0!" /3D Ne. HB" /C4 P..& C/, <3--4'.
3.N$CRCP C,A.
..G0;ell0n0. Kl0n&t" HONe. /3-/" /3-D"44B P.3& BD- </HHD' <e*p7a!0! a&&e&'.
D.N$CRCP C3<1'.
B.Ren% Ne:!pape)!" In1. . B0;;" C, Ne. ..3"..B".B. P.3& DB4 </H,-'.
,. An(0.
C. NRS D-.3B.
4.C9." S17(1@ . S08nat()e Fl087t S(pp%)t %9Nea&a" In1." /3, Ne. A <A&.Op. D3'"3DB P..& BD3"BDD2BDB <N%. D" 3-/-'
H.C9." N$CRCP CD<;'.
/4.I&.
/.See NRS D-.3B.<,'.
3.ROA" V%l. I" p. /B..
/.See" N$CRCP /-D <EP)0%) t% t7e 7%l&0n8 %9 a 7ea)0n8 9%) !(**a)> e01t0%n" t7e =(!t01e !7all &ete)*0ne t7e *et7%& %9
!e)01e %9 n%t01e %9 t7e 7ea)0n8 %n ;%t7 pa)t0e!.E'
/.NRS D-.3B.<,'.
3. NRS D-.3B.
..A11%)&" Lee . GNLVC%)p." //, Ne. D3D"D3C"HH, P.3& D/, <3---' <t7e 0*p%)tant 0n?(0)> 0! %n E:7at t7e %)&e) %)
=(&8*ent a1t(all> &%e!" n%t %n :7at 0t 0! 1alle&.E'<e*p7a!0! 0n %)080nal'.
D.ROA" V%l. III" pp. 3.-23...
B.NRS / /4A..BB<l'<&'. ROA" V%l. I" pp. 3.423,,.
3C.I&.
/.See FFLCMO at WW//2//./.
3. An(0.
.-. FFCLMO at WW/32/3.l.
/.ROA" V%l. IV" pp. 3B.23,/.
3.See" ES(pple*ental $(!t01e C%()t Appeal P)%1ee&0n8!"E at 3
..NRS D-.3BD.
D.See FFCLMO ;e80nn0n8 at WH. See" al!%" ROA" V%l. I" pp. 3.423,,.
B.Ma)1(!e . Del #e;; C%**(n0t0e!" /3. Ne. 3C4" /,. P..& D,3 <3--C'.
,.S17(1@. ROA" V%l. VI" p./4..
.C. S17(1@.
/.ROA" V%l. III" pp. /B.2/,-.
3.ROA" V%l. IV" pp.3" 3323..
D-. ROA" V%l. III" p. B. DF. Ren% Ne:!pape)!" In1.
/.ROA" V%l. I" pp. 3CD23CB.
3.NRS /3+-/B. Ca!pe) . H(;e)" 4B Ne. DCD"DB, P.3& D., </H,H'.
..N$CRCP C.A<a'.
D.ROA" V%l. II" pp. 4B" 3.
B.ROA" V%l III" pp. 3/423/H; V%l. II" pp. D" 3C.
DC. Ma)1(!e.
/.ROA" V%l. II" p. ..
3.ROA" V%l. II" pp. D" 3C
..ROA" V%l. IV" pp. 3/-23//.
- .-6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
D.C9." S17(1@.
B.ROA" V%l. II" p. 4B.
,.C9." S17(1@
/.C9." S17(1@.
3.C9." G0;ell0n0.
B,. N$CRCP C,A" Ren% Ne:!pape)" In1.; NRS D-.3B.<,'. E
CV//2-.-B/ ZACH COUGHLIN VS. MATT MERLISS ET AL <D/' /H2OCT23-// -.+-, PM A990&a0t ...
COUGHLIN" ZACHARY Ent)>+ AFFIDAVIT OF POVERTY <DEFENDANT' 2 NOTICE OF
APPEAL FROM RENO $USTICE COURT/H2OCT23-// -.+-, PM Re?(e!t 9%) S(;*0!!0%n
COUGHLIN" ZACHARY Ent)>+ DOCUMENT TITLE+ MOTION TO PROCEED IN FORMA
PAUPERIS <DEFENDANT' <PAPER ORDER PROVIDED' PARTY SUBMITTING+ ZACH
COUGHLIN DATE SUBMITTED+ /-6/H63-//
/H2OCT23-// -B+-, PM Mtn P)%1ee& F%)*a Pa(pe)0! COUGHLIN" ZACHARY Ent)>+ NOTICE OF
APPEAL FROM RENO $USTICE COURT -/2NOV23-// -.+3H PM M%t0%n ... COUGHLIN"
ZACHARY Ent)>+ AMENDED MOTION AND AFFIDAVIT IN SUPPORT OF MOTION TO
PROCEED ON APPEAL IN FORMA PAUPERIS; -/2NOV23-// -.+3H PM Re?(e!t 9%) S(;*0!!0%n
COUGHLIN" ZACHARY Ent)>+ DOCUMENT TITLE+ AMENDED MOTION AND AFFIDAVIT
IN SUPPORT OF MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS <NO PAPER
ORDER' PARTY SUBMITTING+ ZACH COUGHLIN DATE SUBMITTED+ //6-/6//
SUBMITTED BY+ D$ DATE RECEIVED $UDGE OFFICE+-42NOV23-// /-+/H AM O)& Den> 0n
F%)*a Pa(pe)0!; -42NOV23-// /-+3B A -42NOV23-// -3+.4 PM EN2Pa)te Mtn... COUGHLIN"
ZACHARY Ent)>+ ER PARTE EMERGENCY MOTION TO STAY AND SET ASIDE SUMMARY
EVICTION ORDER .2NOV23-// -D+B/ PM Mtn P)%1ee& F%)*a Pa(pe)0! COUGHLIN" ZACHARY
Ent)>+ MOTION FOR RECONSIDERATION OF IFP; OR ALTERNATIVELY" MOTION TO
PROCEED INFORMA PAUPERIS-42DEC23-// /3+-. PM O)& Den>0n8 M%t0%n Ent)>+ T)an!a1t0%n
3,.D3B4 2 App)%e& B>+ NOREVIE# + /32-423-//+/3+-D+/.3-2DEC23-// -B+-H PM O)& Den>0n8
M%t0%n Ent)>+ FOR RECONSIDERATION OF IFP; OR ALTERNATIVELY MOTION TO
PROCEED IN FORMA PAUPER
Re8a)&0n8 t7e 0n!pe1t0%n %9 t7e p)e*0!e! =(!t p)0%) t% t7e l%1@%(t <an& NRS D-.3B.<,' &%e! n%t all%:
!(17 an O)&e)" >et" a8a0n $(&8e S9e))aLLa &%e! !%*e >%8a 9%) R017a)& H0ll" E!?." &e!p0te t7e O1t%;e)
3C
t7
" 3-// 7ea)0n8 n%t ;e0n8 n%t01e 9%) a M%t0%n 9%) In!pe1t0%n'" Re!p%n&ent5! e01t0%n :a!
)etal0at%)>" :0t7 Re!p%n&ent la:>e)0n8 (p" 1ea!0n8 1%**(n01at0%n :0t7 Appellant le!! t7an 3D 7%()!
a9te) Appellant a!!e)te& 70! )087t! (n&e) t7e Lea!e A8)ee*ent t% n%t01e %9 !(17 0n!pe1t0%n %) ent)> ;>
t7e lan&l%)& %) 70! a8ent!...+
J3B. INSPECTION+ Re!0&ent a8)ee! t% 8)ant *ana8e*ent t7e )087t t% ente) t7e p)e*0!e a! all
)ea!%na;le t0*e! an& 9%) all )ea!%na;le p()p%!e& 0n1l(&0n8 !7%:0n8 t% t7e pe)!pe1t0e )e!0&ent!"
;(>e)!" l%an %9901e)! %) 0n!()an1e a8ent! %) %t7e)! :0t7 la:9(l ;(!0ne!! t7e)e0n an& 9%) ea!t %ne
*a0ntenan1e 0n!pe1t0%n ea17 *%nt7. In a11%)&an1e :0t7 NRS )e?(0)e*ent!" 8*n*>e?en.0 *>-ee0 .o
>;1e Re0;2en. .9;=e .'e .9en.6 3,+4 'o<- no.;7;=*.;on -eH<;-e?en. 7o- en.-6.K
- ./6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
J,!. LIABILI$Y( *ana8e*ent !7all n%t ;e l0a;le 9%) an> &a*a8e %) 0n=()> t% Re!0&ent %) an> %t7e)
pe)!%n %) t% an> p)%pe)t> %11())0n8 %n t7e p)e*0!e! %) an> pa)t t7e)e%9" %) 0n 1%**%n a)e! t7e)e%9"
<n%e00 0<=' %;*@;%;.6 ;0 @*0e2 on .'e ne>%;>en. *=.0 o- o?;00;on o7 ?*n*>e?en., ';0 *>en., o-
e?&%o6ee, @<. Re0;2en. 9;%% no. *>-ee .o 'o%2 ?*n*>e?en. '*-?%e00 9)%* an> 1la0*! 9%) &a*a8e!
09 1a(!e& ;> t7e ne8l08ent a1t! %) %*0!!0%n! %9 t7e Re!0&ent %) 70! 8(e!t!.K
Yet" Ba@e) an& H0ll :a!te& ee)>;%&>5! t0*e an& *%ne> !(;p%en0n8 7an&>*en an& %t7e)! t%
te!t09> a;%(t t7e0) atte*pt! t% ente) t7e p)e*0!e! :0t7 le!! t7an 3D 7%()! n%t01e 80en. F()t7e)"
Se=.;on ,! %9 t7e Lea!e A8)ee*ent *a@e! 1lea) t7at Re!p%n&ent ;%)e l0a;0l0t> 9%) t7e t%)t! an& %)
p)%pe)t> &e!t)(1t0%n %9 G)een A1t0%n La:n Se)01e (p%n Appellant5! p)%pe)t>" an& a!!%10ate&
&a*a8e!" %) at lea!t p)%0&e! en%(87 !(pp%)t t% ;eat a !(**a)> =(&8*ent *%t0%n. T7e T)0al C%()t
)(le& %t7e):0!e an& &%0n8 !% :a! )ee)!0;le e))%). F()t7e)" 0&e% e0&en1e :a! 0nt)%&(1e& :7e)e0n
t7e !(pe)0!%) 9%) G)een A1t0%n La:n Se)01e a&*0t! t% ta@0n8 %)&e)! 9)%* Da)lene S7a)pe %9
D01@!%n Realt> 0! a 0! Re!p%n&ent5! :0!7e! an& 0ntent0%n!.
F()t7e) t7e /-63C6// O)&e) 9%) S(**a)> E01t0%n 0! %0& 0n t7at 0! atte*pt! t% (n&(e t7at
:7017 :a! a8)ee& t% 0n t7e Lea!e A8)ee*ent+
J.-. TENANCY TERMINATION+. Re0;2en. 0'*%% *%%o9 8*n*>e?en. .o ;n0&e=. .'e &-e?;0e0 ;n
.'e Re0;2en.A0 &-e0en=e .o 1e-;76 .'e =on2;.;on o7 &-e?;0e0 *n2 =on.en.0.K....3. INSURANCE+ It
0! a8)ee& t7at TENANT *a> %;ta0n RENTERS INSURANCE AS LANDLORD5S %) 70! A8ent5!
0n!()an1e !(pple*ent! 1%e) %9 TENANT5S P)%pe)t>.K
Appellant :a! a99%)&e& n% !(17 %pp%)t(n0t>.
F()t7e)" Appellant alle8e& 0%lat0%n! %9 NRS //4a.B/-5! ant02)etal0at0%n &01tate. Re!p%n&ent5!
te!t0*%n> :a! eNt)e*el> (n1%n0n10n8. In 9a1t" 7e 1%nt)a&01te& 70*!el9 !ee)al t0*e! an& :a! 9%)1e&
t% a&*0t t7at 7e &0& )e1e0e t7e Ma> /D" 3-/- e*a0l an& 7087 )e!%l(t0%n p7%t%8)ap7! 9)%* Appellant
&eta0l0n8 t7e *%l&> 0n!(lat0%n <:7017 ?(al090e!" a11%)&0n8 t7e t7e T)0al C%()t" a! a 7a;0ta;0l0t> 0!!(e
(n&e) NRS //4a.Appellant alle8e& &0!1)0*0nat0%n 0n t70! *atte) an& Re!p%n&ent 9a0le& t% )e;(t t7e
p)e!(*pt0%n! !(17 alle8at0%n! 1)eate&+
- .36., -
5
10
15
20
25


1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
. CER$IFICA$E OF CO8PLIANCE( I 7e)e;> 1e)t09> t7at t70! ;)0e9 1%*pl0e! :0t7 t7e
9%)*att0n8 )e?(0)e*ent! %9 NRAP .3<a'<D'" t7e t>pe9a1e )e?(0)e*ent! %9NRAP .3<a'<B' an& t7e t>pe
!t>le )e?(0)e*ent! %9NRAP .3<a'<,' ;e1a(!e+
PNQ T70! ;)0e9 7a! ;een p)epa)e& 0n a p)%p%)t0%nall> !pa1e& t>pe9a1e (!0n8 OpenOF901e 0n /3 T0*e!
Ne: R%*an; I 9()t7e) 1e)t09> t7at t70! ;)0e9 1%*pl0e! :0t7 t7e pa8e2 %) t>pe2 %l(*e l0*0tat0%n! %9
NRAP .3<a'<C' ;e1a(!e" eN1l(&0n8 t7e pa)t! %9 t7e ;)0e9 eNe*pte& ;> RAP .3<a'<C'<C'" 0t 0! e0t7e)+
P Q P)%p%)t0%natel> !pa1e&" 7a! a t>pe9a1e %9 /D p%0nt! %) *%)e an& 1%nta0n! A :%)&!; %)
P Q M%n%!pa1e&" 7a! /-.B %) 9e:e) 17a)a1te)! pe) 0n17" an& 1%nta0n! A :%)&! %)A l0ne! %9 teNt; %) PRQ
/oe0 no. ex=ee2 3# &*>e0
F0nall>" I 7e)e;> 1e)t09> t7at I 7ae )ea& t70! appellate ;)0e9" an& t% t7e ;e!t %9 *> @n%:le&8e"
0n9%)*at0%n" an& ;el0e9" 0t 0! n%t 9)0%l%(! %) 0nte)p%!e& 9%) an> 0*p)%pe) p()p%!e. I 9()t7e) 1e)t09> t7at
t70! ;)0e9 1%*pl0e! :0t7 all appl01a;le Nea&a R(le! %9 Appellate P)%1e&()e" 0n pa)t01(la)" NRAP
34< e'</'" :7017 )e?(0)e! ee)> a!!e)t0%n 0n t7e ;)0e9 )e8a)&0n8 *atte)! 0n t7e )e1%)& t% ;e !(pp%)te&
;> a )e9e)en1e t% t7e pa8e %9 t7e t)an!1)0pt %) appen&0N :7e)e t7e *atte) )el0e& %n 0! t% ;e 9%(n&. I
(n&e)!tan& t7at I *a> ;e !(;=e1t t% !an1t0%n! 0n t7e eent t7at t7e a11%*pan>0n8 ;)0e9 0! n%t 0n
1%n9%)*0t> :0t7 t7e )e?(0)e*ent! %9 t7e Nea&a R(le! %9 Appellate P)%1e&()e.
Date& t70! &a> 3Dt7 &a> %9 A(8(!t" 3-/3.
Re!pe1t9(ll> S(;*0tte& B>+
Ne1*2* B*- No. 9+)3
P.O. Box 3961
Reno, N !9"#"
$e%e&'one( ))".33!.!11!
F*x( 9+9.66).)+#,
P-o 0e A&&e%%*n.
- ..6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
- .D6., -
5
10
15
20
25


1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
PROOF OF SERICE
I a* a )e!0&ent %9 t7e State %9 Nea&a" %e) t7e a8e %9 e087teen >ea)!. M> ;(!0ne!! a&&)e!! 0!
PO BOR .H,/. On A(8(!t 3,t7" 3-/3" t7e 9%ll%:0n8 &%1(*ent<!' :e)e !e)e& %n t7e pa)t><0e!'
;el%:+
APPELLAN$AS OPENING BRIEF
R B> Un0te& State! Ma0l2 a t)(e 1%p> %9 t7e &%1(*ent<!' l0!te& a;%e 9%) 1%lle1t0%n an& *a0l0n8
9%ll%:0n8 t7e 90)*5! %)&0na)> ;(!0ne!! p)a1t01e 0n a !eale& enel%pe :0t7 p%!ta8e t7e)e%n 9(ll> p)epa0&
9%) &ep%!0t 0n t7e Un0te& State! *a0l at Ren%" Nea&a a&&)e!!e& a! !et 9%)t7 ;el%:.
R B> Fa1!0*0le T)an!*0!!0%n 2 t7e t)an!*0!!0%n :a! )ep%)te& a! 1%*plete an& :0t7%(t e))%). A
1%p> %9 t7e t)an!*0!!0%n )ep%)t" p)%pe)l> 0!!(e& ;> t7e t)an!*0tt0n8 *a170ne" 0! atta17e& t% t7e 7a)&
1%p>. T7e na*e! an& 9a1!0*0le n(*;e)! %9 t7e pe)!%n<!' !e)e& a)e a! !et 9%)t7 ;el%:.
RICHAR/ G. HILL, ESQ.
6", Fo-e0. S..
Reno, Ne1*2* !9"#9
$e%e&'one( 3))"4 3+!5#!!!
F*x( 3))"4 3+!5#!"!
A..o-ne6 7o- Re0&on2en. 8e-%;00
I &e1la)e (n&e) penalt> %9 pe)=()> t7at t7e 9%)e8%0n8 0! t)(e an& 1%))e1t.
P-o 0e A&&e%%*n.
- .B6., -
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
/ECLARA$ION OF ZACH COUGLIN IN SUPPOR$ OF $HE FOREGOING /OCU8EN$
/. T70! De1la)at0%n 0! *a&e p()!(ant t% t7e p)%0!0%n! %9 NRS B..-DB" I a* p)e!entl> 0n t7e State %9
Nea&a an& I &e1la)e (n&e) penalt> %9 pe)=()> t7at t7e 9%)e8%0n8 0! t)(e an& 1%))e1t.
3. De1la)ant 0! t7e Pla0nt099 0n t7e a;%e t0tle a1t0%n.
.. De1la)ant ae)! t7at t7e 9a1t(al !tate*ent! !et 9%) a;%e 0n t7e 9%)e8%0n8 &%1(*ent a)e" t% t7e
;e!t %9 70! @n%:le&8e an& (n&e)!tan&0n8" a11()ate.
D. I" Za17 C%(87l0n" a* aa0la;le t% te!t09>" 09 ne1e!!a)>" a! t% t7e!e *atte)!. I &e1la)e (n&e) penalt>
%9 pe)=()> t7at t7e 9%)e8%0n8 0! t)(e an& 1%))e1t.
Date& t70! A(8(!t 3,t7" 3-/3
6!6 Za17 C%(87l0n
Za17 C%(87l0n
Appellant
- .,6., -
MINNESOTA
LANDLORD/TENANT LAW:
TRAINING MANUAL FOR
THE POLICE
by
Mary Rose Geimer & Paul Birnberg
HOME Line
October 2011

x
This page intentionally left blank.

TABLE OF CONTENTS
Preface ............................................................................................................................. 1
Introduction...................................................................................................................... 2
I. General definitions ............................................................................................ 2
II. Oral and written leases...................................................................................... 2
Tenant Duties and Tenant Crimes...................................................................................... 3
III. Anti-Crime Covenant Between the Landlord and Tenant................................ 3
A. Scope........................................................................................... 3
B. The tenant can be evicted for breaking the covenant..................... 3
C. The landlord can be sued in housing court for breaking the
covenant......................................................................................... 3
D. The state cannot make the landlord or the tenant act on the
covenant......................................................................................... 4
IV. Property Forfeiture for Drug Possession.......................................................... 4
A. Notice of Seizure........................................................................... 4
B. What the landlord should do.......................................................... 4
C. Landlord defenses.......................................................................... 5
D.. What the police should do.............................................................. 5
V. Damages to Property........................................................................................ 5
A. Tenant damaging property............................................................. 5
B. Damage during a police raid.......................................................... 5
VI. Noise............................................................................................................... 6
A. Public nuisance.............................................................................. 6
B. Bothering neighbors....................................................................... 7
C. City codes...................................................................................... 7
VII. City 3-Strike Ordinances................................................................................ 7
A. Brooklyn Park................................................................................ 8
B. Minneapolis.................................................................................... 9
C. Your city ....................................................................................... 9
D. Tenants right to seek police and emergency assistance................ 10
VIII. Lying on a Rental Application....................................................................... 10
i

Landlord Duties and Landlord Crimes .............................................................................. 11
IX. Lockout.......................................................................................................... 11
A. Lockout defined............................................................................. 11
B. Some hotel occupants are tenants.................................................. 12
C. Lockouts are crimes...................................................................... 12
D. What the police should do.............................................................. 12
E. Tenants can also take action in housing court................................ 12
F. Non-intentional loss of utilities - civil action................................. 12
X. Eviction and Execution of the Writ of Recovery.............................................. 13
A. Landlord wants tenant out of rental property................................. 13
B. Tenant wants roommate/guest out of rental property.................... 14
XI. Personal Property of the Tenant....................................................................... 15
A. No holding of property to collect rent............................................ 15
B. Personal property remaining in premises....................................... 16
C. Landlord liability............................................................................ 16
XII. Privacy........................................................................................................... 16
A. Tenants right to privacy................................................................ 16
B. Trespass by landlord...................................................................... 17
C. Trespass by tenants guest.......................................................... 17
1. State law............................................................................. 17
2. Defenses by the arrestee..................................................... 19
3. Sec 1983 - Civil rights suit for wrongful arrest possible...... 19
4. City ordinances.................................................................. 19
D. Trespass by tenant organizers..................................................... 20
E. Political campaigning..................................................................... 21
XIII. Accepting Applications Without Rental Property........................................ 21
XIV. Kari Koskinen Act - Manager Background Check........................................ 21
XV. Discrimination................................................................................................ 22
A. Civil Law - Landlords duty not to discriminate............................ 22
B. Criminal offenses related to housing discrimination....................... 23
Other Topics..................................................................................................................... 24
XVI. Restraining Order/Order for Protection........................................................ 24
A. Restraining order............................................................................ 24
B. Order for protection....................................................................... 24
ii

XVII. Automobile Towing.................................................................................... 25
A. Cars on public property.................................................................. 25
B. Cars on private property................................................................. 25
XVIII. Tenants Cold Weather Notice Before Vacating........................................ 25
XIX. Cold Weather Rule....................................................................................... 26
XX. Public Health................................................................................................. 26
XXI. Abuse and Neglect........................................................................................ 26
References........................................................................................................................ 27
Appendix I - Quick Reference Chart................................................................................. 29
Appendix II - Copies of Cited Statutes and Ordinances.................................................... 31
iii
This page intentionally left blank.
iv

PREFACE
The purpose of this manual is to inform police about Minnesota housing law as it relates
to police work to ensure that housing law is being applied fairly, consistently and correctly. There
are numerous landlord/tenant disputes which have criminal components that the police need to be
aware of to protect both landlords and tenants. After talking with local police officers, it became
apparent that there is little or no training of housing law for the police. Police officers have
indicated a desire to learn about these issues.
The issues covered by the manual are those which tenants and/or police officers have
reported arise frequently. Issues for which the police presumably already receive training, such as
Fourth Amendment search and seizure rules, may be mentioned but are intentionally not discussed
in depth.
In cases where there are both criminal and civil remedies for a violation of law, the
discussion of the civil remedies is intentionally brief as the police officer's main duty is to enforce
the criminal law. Typically, the officer will refer the landlord and tenant to other resources for
assistance with civil remedies.
Some civil areas which are quasi-criminal, such as forfeiture and license revocation
statutes, are discussed in more depth.
Appendix I is a Quick Reference Chart, listing the topics covered and the major statutes
applying to each topic. Appendix II consists of copies of the statutes, ordinances, and
administrative rules discussed throughout the manual.
1

INTRODUCTION
I. GENERAL DEFINITIONS
Residential tenant = A person who occupies a premise under a lease or contract that requires
paying rent or performing services.
1
Landlord = The owner of real property or any other person who is directly or
indirectly in control of rental property.
2
The landlord is entitled to the
property after the tenant moves out
Lease = A written or oral agreement creating a tenancy in real property.
3
Lack of a
written lease means that the landlord and tenant have an oral lease.
Tenancy at will = A lease, whether written or oral, that does not have a fixed ending date.
4
A month-to-month lease is a common example.
Hotel guest = A person who occupies a hotel for transient occupancy. A true hotel guest
is not a tenant.
5
Hotel guests are discussed further in Part IX.B infra.
II. ORAL AND WRITTEN LEASES
1) A landlord is required to have a written lease if there are 12 or more residential units.
A landlord who fails to provide a lease under these conditions is guilty of a petty misdemeanor.
6
2) A written lease is also required if the landlord and tenant agree to a tenancy that will
not end until more than one year from the day the agreement is made.
7
However, when a tenant
takes possession under an invalid (too long) oral lease, he still is under a lease; it is just reduced to
a tenancy at will
8
(probably a month-to-month lease).
1
Minn. Stat. 504B.001, Subd. 12
2
3
4
5
Minn. Stat. 327.705, Subds. 2,3, & 5; Gutierrez v.Eckert Farm Supply, No. C5-02-1900 (Minn. Ct. App.
July 1, 2003), rev. denied (Minn. September 24, 2003)
6
Minn. Stat. 504B.111
7
Minn. Stat. 513.01
8
Fisher v. Heller, 174 Minn. 233, 219 N.W. 79 (1928)
2

EXAMPLE 1: Rob is a property owner and Mary is looking for rental property. Rob and
Mary agree orally to a 13-month lease for a house, starting the next day.
RESULT: Mary is a tenant and Rob is her landlord. No crime has been committed.
However, the lease is a month-to-month lease. It is not a 13-month lease because 13-
month oral leases are not valid (too long).
EXAMPLE 2: Matt is a property owner and Kristi is looking for an apartment. They
agree orally to a 6-month lease for an apartment in a 13-unit complex starting the next
day.
RESULT: Kristi is a tenant and Matt is her landlord. The 6-month oral lease is fine
because it will end in less than one year. However, Matt is guilty of a petty misdemeanor
because a written lease is required if there are 12 or more units.
TENANT DUTIES AND TENANT CRIMES
III. ANTI-CRIME COVENANT BETWEEN LANDLORD AND TENANT
A. Scope
In every written or oral residential lease, the landlord and tenant "covenant" (promise) that
neither will allow controlled substances, prostitution (or related activity), stolen property, or
unlawful use or possession of a firearm on the rental property.
9
They also agree that neither the
landlord nor the tenant will use the property to possess or sell controlled substances.
10
B. The Tenant Can Be Evicted for Breaking the Covenant
If the covenant is broken, the tenant loses her right to live on the rental property. The
landlord can bring an eviction action ("unlawful detainer" or "UD") against the tenant, or can
allow the county attorney to file an eviction action.
11
C. The Landlord Can Be Sued in Housing Court for Breaking the Covenant
Since the covenant works both ways, a tenant can sue the landlord for not dealing with
these problems (drugs, prostitution, etc.), similar to a suit against the landlord for not doing
needed repairs.
9
10
Defense =the landlord or tenant did not know or did not have reason to know of the illegal activity.
11
There may be constitutional problems if the county attorney files the eviction action. See footnote 14.
3

D. The State Cannot Make the Landlord or the Tenant Act on the Covenant
The government cannot require either the landlord or the tenant to take action under the
statute. When the police are called for a drug situation in rental property, they should handle it in
the same manner as in a non-rental property and call the drug enforcement team. After an arrest
or seizure, the police should report the arrest/seizure to the other party (e.g., if the tenant's drugs
are seized, the police should report this to the landlord).
IV. PROPERTY FORFEITURE FOR DRUG POSSESSION
A. Notice of Seizure
If contraband or a controlled substance is seized on residential rental property, the county
attorney must give notice of the seizure to the landlord.
12
This does not apply if the value of the
controlled substance is less than $100. Notice does not need to be given during an ongoing
investigation. The notice must state what has been seized and the penalties under the law for
violating the statute.
B. What the Landlord Should Do
If the landlord does not respond to the seizure notice, the landlord could lose her
property.
13
The statute is a "two-strikes-you're-out" rule.
First Occurrence - After the notice of seizure, the landlord is supposed to either:
1) file an eviction within 15 days; OR
2) allow the county attorney to file an eviction within 15 days
14
If the landlord does not take either action within the 15 days, the landlord is at risk of a forfeiture
if there is a second seizure, as set out below.
12
Minn. Stat. 609.5317
13
14
A recent case, Torgelson v. 17138 - 880
th
Avenue, 749 N.W.2d 24 (Minn. 2008), held that seizure of a
homeowner's homestead for serious drug-sale felonies under a companion statute, Minn. Stat. 609.5311, was
unconstitutional because the seizure violated the anti-homestead-forfeiture provision, Minn. Const. art. I, sec. 12.
This provision affords rental homesteads the same protection as owned homesteads. In re E. P. Emerson's
Homestead. 58 Minn. 450; 60 N.W. 23 (1894) Thus, if the county brings a forfeiture case under Minn. Stat.
609.5317, it might be dismissed based on a ruling that Minn. Stat. 609.5317 is unconstitutional. We are
unaware of any court ruling on this precise issue.
4

Second Occurrence - For a second occurrence:
* on residential rental property
* owned by the same landlord
* in the same county
* involving the same tenant
* within one year after the notice of the first occurrence
the property is subject to forfeiture.
C. Landlord Defenses
The landlord can raise the following defenses to having property taken:
1) the tenant had no knowledge or reason to know the presence of the
contraband or controlled substance or could not prevent it from being brought
onto the property
2) the landlord made every reasonable attempt to evict the tenant
3) the landlord did not receive notice of the seizure
4) the seized drugs were worth less than $100
5) the seized drugs were worth less than $1,000 and there was no second seizure
D. What the Police Should Do
This statute does not create extra criminal liability. The police need only 1) handle the
raid and arrest in the usual manner, and 2) alert the county attorney of what was seized and
where it was seized.
V. DAMAGES TO PROPERTY
A. Tenant Damaging Property
A tenant can be held criminally liable for damages to property.
15
The degree of crime
(misdemeanor, gross misdemeanor, felony) is proportionate to the amount of damage. There is
also a civil statute dealing with unlawful destruction and damages to property.
16
B. Damage During a Police Raid
A tenant may also indirectly damage property when the police enter the rental property.
When the police are executing a warrant, and property is damaged, it is important to look at court
decisions to determine who is responsible for paying for the damages to the property. Courts
have found that when an innocent third party (e.g., a landlord) has property damaged by the
police during a lawful raid, the city is responsible for paying for the damages.
15
Minn. Stat. 609.595
16
5

EXAMPLE 1: In the case of Wegner v. Milwaukee Mutual Insurance Company, a suspect
fled the police and entered the home of Harriet Wegner and hid in the front closet.
Wegner's granddaughter and fiancee, who were living there, left immediately. The
Minneapolis police fired 25 rounds of tear gas and three flash-bang grenades into the
home causing $71,000 worth of damages.
17
The court found that the City of Minneapolis
must compensate the landlord for the repairs needed to restore the building.
18
EXAMPLE 2: Another example is McGovern v. City of Minneapolis.
19
McGovern
established two other rules. First, the landlord's innocence is important, because there is
no compensation if the landlord is conspiring with the tenant. Second, the city, not the
individual police officers, is required to pay for the damages, just as if the state removes
a home to build a road.
20
VI. NOISE
A. Public Nuisance
A "public nuisance" exists when there is proof of two or more of the following acts within
the previous 12 months:
21
1) prostitution within the building
2) gambling within the building
3) maintaining a public nuisance under Minn. Stat. 609.74, cl (1) & (3)
4) permitting a public nuisance under Minn. Stat. 609.745
5) use or dealing of drugs within the building
6) unlicensed sale of alcoholic beverages in violation of 340A.401 within the
building
7) unlawful sale of alcoholic beverages by an unlicensed person within the
building
8) unlawful use or possession of a firearm within the building
9) violation of local or state business licensing regulations
A written notice must be sent from the prosecuting attorney to the people creating the nuisance.
If the nuisance is stopped, a court action will not be filed.
22
If the nuisance continues, the
prosecuting attorney can sue the owner to get a temporary injunction,
23
or a permanent injunction.
17
Wegner v. Milwaukee Mutual Insurance Company, 479 N.W.2d 38 (Minn. 1991).
18
Id. at 42.
19
McGovern v. City of Minneapolis, 480 N.W.2d 121 (Minn. Ct. App. 1992).
20
Id. at 125.
21
Minn. Stat. 617.81
22
Minn. Stat. 617.82
23
Minn. Stat. 617.82
6

If there is proof of a nuisance, the court will issue an order of abatement.
24
This order can close
the building or part of it for one year.
Before the building is closed due to a tenant's behavior, the owner has a chance to file a
motion to cancel the tenant's lease.
25
If a court finds that a tenant has maintained or conducted a
nuisance, the court will order that the lease is canceled, freeing the landlord from having her
building closed.
B. Bothering Neighbors
A person is guilty of a misdemeanor who maintains or permits a condition which
unreasonably annoys, injures, or endangers the safety, health, moral, comfort, or repose of any
considerable number of members of the public.
26
C. City Codes
Many city codes in the metro area have provisions about noise. The Brooklyn Park and
Bloomington City Codes will be used as examples. Brooklyn Park's City Code states that
between 10:00 p.m. and 7:00 a.m. it is unlawful to be in a gathering of people, from which the
noise rises to a sufficient volume which disturbs the peace and quiet of people who live in a
residential neighborhood.
27
The Bloomington City Code
28
states that an unlawful gathering is defined as an
unreasonable disturbance by creating noise that disturbs the peace and quiet of nonparticipating
persons nearby.
VII. CITY 3-STRIKE ORDINANCES
Some cities in the metro area require a landlord to take action against a tenant for certain
crimes. Two typical ordinances are in the Brooklyn Park and Minneapolis City Codes.
24
Minn. Stat. 617.83
25
Minn. Stat. 617.85
26
Minn. Stat. 609.74
27
Brooklyn Park City Code 134.03
28
Bloomington City Code 12.01.01 (g)
7

A. Brooklyn Park
The Brooklyn Park City Code states that a landlord ("licensee" in the code) must see to it
that the tenants conduct themselves in a manner that is not "disorderly".
29
There are 21 specific
actions which are "disorderly ":
a) animal noise and public nuisances
b) noisy parties
c) unlawful possession, delivery, or purchase of controlled substances
d) disorderly conduct
e) unlawful sale of intoxicating liquor or 3.2 malt liquor
f) violation of laws relating to prostitution
g) unlawful use or possession of a firearm
h) assaults or violation of laws relating to assaults, including domestic assaults; or
) [another 13 actions; see the ordinance printed in the appendix for complete list]
First Occurrence - The first time rental property is found to be disorderly, the city manager
must give notice to the landlord of the violation and direct the landlord to take steps to
prevent further violation.
Second Occurrence - The second time rental property is found to be disorderly within a 12-
month period, the city manager must again notify the landlord of the violation. The
landlord must give a written report, within ten days of the notice, including things he
has done or will do to prevent further disorderly use of the premises for all notices within
the preceding three months.
Third Occurrence - When rental property is found to be disorderly for a third time within a
12-month period, the license for the property may be denied, revoked, suspended, or
not renewed. A license cannot be altered because of this code section if the landlord has
filed an eviction.
A criminal charge is not a necessity to violate this code section.
Defenses - The landlord can raise the following defenses:
1) The landlord did not receive notice of the disorderly conduct
2) The premises were not disorderly
3) The landlord took the proactive steps discussed above
THE CITY ORDINANCE DOES NOT PUNISH LANDLORDS IF A TENANT HAS
NUMEROUS POLICE CALLS. A landlord's license cannot be altered unless there are three acts
each of which is among the nine violations listed above.
After 12 months pass, the landlord is back in the clear. The landlord is only penalized
29
8

when a third violation occurs within the time period. There are no penalties to a landlord who
does not take action after the first or second occurrence.
NOTE: Under the ordinance, the only punishment is removing the landlord's license. Of
course, subsequent renting after losing the license can bring into play other penalties.
B. Minneapolis
The Minneapolis City Code 3-strike ordinance
30
is very similar to Brooklyn Park's. The
code sections differ in two ways:
A) First, the community crime prevention/SAFE unit and inspections division jointly are
responsible for the enforcement and administration of the code section. The SAFE team notifies
the landlord of violations, instead of the city manager as in Brooklyn Park.
B) Second, the Minneapolis City Code has only seven actions which are deemed to be
disorderly:
1) gambling
2) prostitution and acts relating thereto
3) sale or possession of controlled substances
4) unlawful sale of alcoholic beverages
5) noisy assemblies
6) unlawful possession, transportation, sale or use of a weapon
7) disturbing the peace and quiet of the occupants of at least two units on the
licensed premises, other than the unit occupied by the person(s) committing
the violation
C. Your City
Many cities are in the process of adding a similar provision to their city code. Usually the
provision can be found under a heading entitled "conduct on licensed premises." It is important
that police officers and landlords look to their city's code to determine if their city has a provision
similar to these two code provisions. See Appendix II for copies of some cities' 3-strike
ordinances.
30
Minneapolis City Code 244.2020
9

D. Tenant's Right to Seek Police and Emergency Assistance
A landlord may not:
31
* bar or limit a tenant's right to call for police or emergency assistance in response to
domestic abuse or other conduct
* impose a penalty on a tenant for calling police or emergency assistance in response to
domestic abuse or other conduct
Under no circumstances can a tenant waive the right to call for assistance. This section preempts
(trumps) any ordinance that:
* requires an eviction after a certain number of calls by a tenant to police or emergency
assistance
* assesses a fee or other penalty because the tenant called for assistance
NOTE: Police calls in response to domestic abuse do not violate the 3-strike city
ordinances. A tenant should be encouraged, not penalized, for calling the police in these
situations. The 3-strike ordinances discussed above are enforceable because the ordinances
punish landlords who do not control tenants who commit crimes; the 3-strike ordinances do not
and cannot punish a victim/tenant who reports a crime to the police.
VIII. LYING ON A RENTAL APPLICATION
A tenant who lies on an application to get an apartment is guilty of theft.
32
The statute
states that theft has been committed when a person "obtains.. the possession or custody or title
of property of... a third person by intentionally deceiving the third person with false
representation, which is known to be false, made with the intent to defraud and which does
defraud the person to whom it is made."
33
Such theft is at least a misdemeanor, but may carry a
more severe punishment depending on how the court values the lease obtained by the fraud.
31
32
Minn. Stat. 609.52, Subd. 2 (3)
33
Minn. Stat. 609.52, Subd. 2 (3)
10

LANDLORD DUTIES AND LANDLORD CRIMES
IX. LOCKOUT
A. Lockout Defined
A lockout occurs when:
34
1) a landlord intentionally removes or excludes a tenant from the rental property
OR
2) intentionally alters the electrical, heat, gas, or water services
It is presumed that the landlord who caused the interruption of services did so to remove or
exclude the tenant. In court the landlord must prove this is not true.
35
B. Some Hotel Occupants are Tenants.
A true hotel guest is not protected by these statutes. A hotel may lockout a hotel guest and
treat him like a trespasser if the guest overstays past his departure date
36
, and may lockout a guest
for non payment
37
or for violating a variety of provisions (which are set out in this footnote
38
).
However, it is important to recall that a true hotel guest is a transient occupant.
39
If the
occupants sole residence is the hotel, he is rebuttably presumed not to be a true hotel guest.
40
.
34
Minn. Stat. 504B.225, Minn. Stat. 609.606
35
36
Minn. Stat. 327.72.
37
Minn. Stat. 327.73, Subd. 1(1).
38
See Minn. Stat. 327.73, Subd. 1(2-6) which read:
(2) while on the premises of the hotel acts in an obviously intoxicated or disorderly manner, destroys or
threatens to destroy hotel property, or causes or threatens to cause a disturbance;
(3) the innkeeper reasonably believes is using the premises for the unlawful possession or use of controlled
substances by the person in violation of chapter 152, or using the premises for the consumption of alcohol
by a person under the age of 21 years in violation of section 340A.503;
(4) the innkeeper reasonably believes has brought property into the hotel that may be dangerous to other
persons, such as firearms or explosives;
(5) violates any federal, state, or local laws, ordinances, or rules relating to the hotel; or
(6) violates a rule of the hotel that is clearly and conspicuously posted at or near the front desk and on the
inside of the entrance door of every guest room.
39
See footnote 5.
40
See footnote 5.
11

Rebuttably presumed means that such a person is a tenant and not a hotel guest unless there is
good evidence to show he is in transient occupancy. Therefore, before treating a hotel occupant as
a hotel guest, the police need to make sure he really is not a tenant. Typically, asking about
residence or sole residence will rapidly resolve this issue.
C. Lockouts Are Crimes
A landlord who locks out a tenant has committed a crime and is guilty of a
misdemeanor.
41
A landlord who wants a tenant out of the rental property must go through the
eviction (unlawful detainer) process in court. This process is described in Section X, Eviction and
Execution of the Writ of Recovery.
A landlord who enters rental property to unlawfully change the locks or shut off utilities
from the inside is also committing burglary because burglary is entering a building without consent
and with the intent to commit a crime
42
(e.g., a lockout).
D. What Should the Police Do
A lockout is a crime, so the landlord should be arrested or given a tab charge for
committing misdemeanor lockout and/or arrested for burglary and lockout.
Since a lockout is a theft of realty, if possible, the police should try to restore the property
to the tenant, just as police do anytime a theft of property is averted.
E. Tenants Can Also Take Action in Housing Court
There are civil remedies for a lockout whereby the tenant can get a quick order from the
court to be let back onto the property.
43
F. Non-intentional Loss of Utilities - Civil Actions
Sometimes when a utility stops working the landlord did not shut it off intentionally, but
simply did not keep up with repairs or payments. This kind of emergency involving loss of running
water, hot water, heat, electricity, sanitary facilities, or other essential services is not a crime, but
41
Minn. Stat. 504B.225 and 609.606.
42
Minn. Stat. 609.582.
43
12

the tenant can get an emergency hearing in housing court.
44
Although disputes about other necessary repairs are also civil matters, police occasionally
get called about them. A brief overview of the initial steps a tenant should take to get repairs done
are:
1) call the city housing inspector (if there is a city inspector);
2) send a written request for the repairs to the landlord
Subsequent actions are then available in housing court.
Both tenants and landlords should be advised to read the free Minnesota Attorney General's
publication entitled Landlords and Tenants: Rights and Responsibilities. The publication includes a
detailed explanation of landlord and tenant's rights, as well as a list of agencies prepared to assist
with civil actions.
X. EVICTION AND EXECUTION OF THE WRIT OF RECOVERY
A. Landlord Wants Tenant Out of Rental Property
A brief description of an eviction (unlawful detainer) process follows. If a landlord wants a
tenant out of a rental unit for a legitimate reason, the landlord must go through the eviction
process in district court or housing court (in Ramsey or Hennepin County). Legitimate reasons for
filing an eviction are nonpayment of rent, other breaches of the lease, refusal to leave after proper
notice to vacate, expiration of the lease, foreclosure of a mortgage, or cancellation of a contract
for deed. If the court finds for the landlord and the tenant is evicted, only the sheriff or a police
officer can evict the tenant by enforcing a writ of recovery. With rare exceptions, it is the sheriff's
office that handles evictions since the process is time consuming and sheriffs are specially trained
to handle evictions.
The process starts with the landlord getting a writ of recovery from the court. The
landlord gives this writ to the sheriff to post on the door of the rental property, giving the tenant
44
13

24 hours to move out. If the tenant has not moved out after 24 hours, the sheriff must return a
second time to "execute the writ," that is, make the tenant leave the premises and have the landlord
store the tenant's personal property.
When the writ is executed (at the "move out"), the landlord chooses whether to store the
property off-site at a warehouse or "on the premises " (i.e., landlord storage). If property is to be
stored in a place other than the premises, the tenant is liable for all removal expenses. Typically,
the tenant will arrange to pay the warehouse directly. This is the one case where the landlord can
hold property hostage. The landlord has a legal right to the property for the reasonable costs of
removing, caring for, and storing the property (not for unpaid rent). If no payment is made within
60 days, the landlord (and warehouse) may hold a public sale under Minn. Stat. 514.18-
514.22.
45
If the personal property is stored on the premises, the sheriff and landlord prepare an
inventory and then the landlord follows the rules governed by the Minnesota statute regarding
abandoned property (see Section XI, Personal property of the tenant).
46
B. Tenant Wants a Roommate/Guest Out of Rental Property
The situation of a tenant who wants another occupant who is not on the lease out of the
rental property involves a question of fact. One must determine whether the other occupant is a
guest, a licensee, or a subtenant.
The occupant is a subtenant if she is paying rent or performing services
47
. If the occupant
is a subtenant, the parties need to go to housing court to resolve the dispute.
However, if the occupant who refuses to leave is a guest ("a person who is entertained or
to whom hospitality is extended "
48
), then he may be guilty of misdemeanor trespass
49
because he
does not have a claim of right to be on the rental property.
45
46
47
48
Lee v. Regents of the University of Minnesota, 672 N.W.2d 366 (Minn. Ct. App. 2003)
49
Minn. Stat. 609.605
14

The intermediate case is the occupant who is a licensee. Unlike a tenant who in effect
"owns" the premises during the lease term, or the guest who is just being entertained, a licensee is
"one who has a mere permission to use land [premises] ... and no interest I or exclusive possession
of it being given to the occupant"
50
). A licensee has the right to "reasonable notice" before being
forced to leave.
51
The licensee is not a tenant and thus housing court would not seem to be the
place to resolve a dispute between the renter or homeowner who wants the licensee out and the
licensee who won't leave. However, the occupant probably has a colorable claim of right of
occupancy and thus under State v. Hoyt
52
is probably not committing trespass by failing to leave.
EXAMPLE 1: Jane is renting property. She invites high school friend Mike to visit her for
two days. Mike admits that he contributes neither money nor services to the household and
that he was invited for the two days. They have a disagreement and Jane wants Mike to
leave after the second day. Jane calls the police for assistance. The police should arrest
Mike for trespassing because he is not paying rent or performing services and is a guest.
EXAMPLE 2: Cathy is renting property. She befriends Bob, who moves into the apt. He
has been in the apartment for a couple of weeks and when he moved in, he moved in
indefinitely. Although Bob contributes nothing to the household, he does have a number of
his personal possessions like a TV and clothes stored in the apartment. Cathy and Robert
have a disagreement and Cathy wants Bob out. Cathy calls the police for assistance. The
police probably should take no action since Bob is probably a licensee.
EXAMPLE 3: Betsy is renting property. She befriends Tim, who moves into the
apartment. Tim pays money toward the electric bill. Betsy and Tim have a disagreement
and Betsy calls the police because she wants Tim out. Betsy probably needs to go to
housing court to get Tim out of the apartment because he is probably a subtenant.
NOTE: These situations exemplify ones which do not involve abuse.
XI. PERSONAL PROPERTY OF THE TENANT
Personal property disputes are often civil matters, but they frequently involve the police.
There are three common personal-property issues implicating criminal law.
A. No Holding Property to Collect Rent
When a landlord holds a tenant's property hostage for unpaid bills, it is called "distress for
50
Seabloom v. Krier, 18 N.W.2d 88,91, 219 Minn. 362,367 (1945); also see Lee v. Regents, 672 N.W.2d 366
51
Lee v. Regents, 672 N.W.2d 366
52
State v. Hoyt, 304 N.W.2d 884 (Minn. 1981)
15

rent."
53
Distress for rent is illegal - the landlord has no claim for the property.
54
Thus, it is
criminal theft because theft includes intentionally and without claim of right taking property
temporarily with the intent of giving it back only if the owner pays a reward or buys it back.
55
B. Personal Property Remaining in Premises
Under Minn. Stat. 504B.271, if a tenant abandons rented premises and leaves property
behind, the landlord must care for the property for 28 days; during the 28 days, the landlord must
return the property to the tenant upon request.
56
Failure to do so would be criminal theft for
retaining property without claim of right.
57
Sec. 504B.271 also provides the tenant civil remedies.
C. Landlord Liability
A landlord is civilly liable for damages to property for failure to care for the property in a
reasonable manner.
58
Also, if the landlord acts too quickly and removes a tenant's personal
property before the sheriff's move out, the landlord is guilty of a lockout and subject to criminal
and civil penalties (see Section IX, Lockout).
XII. PRIVACY
A. Tenant's Right to Privacy
A landlord may only enter rental property:
59
* for a reasonable business purpose AND
* must make a good faith effort to give the tenant notice
This right to privacy cannot be waived, even if the written lease says the landlord can enter at any
time without notice.
There are only three situations in which the landlord is not required to give advance notice:
53
54
55
Minn. Stat. 609.52, Subd. 2 (5)(iii)
56
Minn. Stat. 504B.271. Prior to 8/1/10, the deadline was 60 days instead of 28 days. 2010 Minn. Laws ch.
31, s. 8. The only exception is storage in a warehouse after eviction as described in Section X.
57
Minn. Stat. 609.52, Subd. 2, clauses (1) and (5)(). After 28 days, keeping the property is not a crime.
Peterson v. City of Plymouth, 945 F.2d 1416 (8th Cir. 1991).
58
59
16

1) entry to prevent injury to persons or property because of conditions relating
to maintenance, building security, or law enforcement
2) entry to determine a tenant's safety
3) entry to comply with local ordinances regarding unlawful activity on the
premises
60
After such an emergency entry, the landlord must leave a note behind telling the tenant about the
entry.
B. Trespass by Landlord
A person (including a landlord) is guilty of a misdemeanor if the person intentionally:
* trespasses on the premises of another (without a claim of right) and refuses to
depart from the premises on demand of the lawful possessor OR
* occupies or enters the dwelling of another without a claim of right or consent of
the owner, except in emergency situations
61
Thus a landlord who invades a tenant's privacy
62
probably also has trespassed.
63
In the typical case,
a landlord who enters a tenants home without the required notice has no claim of right to be there
and is trespassing. If the landlord enters in an emergency and fails to leave a note, the landlord had
a right to enter and would not be criminally liable.
A person is guilty of a gross misdemeanor if he or she peeps into the home of another
with the intent of intruding upon or interfering with their privacy.
64
Thus a landlord who
surreptitiously peeps in on a tenant is guilty of a gross misdemeanor.
C. "Trespass" by Tenant's Guest
1. State Law
In the typical situation, a landlord sees a person on the property who she thinks does not
belong there and gives him a trespass notice. The notice states that he is not to return to the
property. If the person returns, the landlord will call the police to have the person arrested for
60
61
Minn. Stat. 609.605
62
63
Minn. Stat. 609.605
64
Minn. Stat. 609.746
17

criminal trespass under the statute discussed above.
65
This seems like a simple rule which would be easy to apply to situations police encounter.
The courts have found otherwise. Courts from many jurisdictions,
66
including Minnesota,
67
have
found that a person who is a guest of a tenant is not a trespasser, and therefore cannot be
convicted of criminal trespass, even if they were previously issued a notice of trespass.
EXAMPLE 1: In State v. Hoyt, 304 N.W.2d 884 (Minn. 1981), a woman visited a patient
at a nursing home daily for almost two years.
68
The hospital sent her a notice that she was
not to return to the home. She did return and was arrested for trespassing. The court
found that because the woman had a reasonable ground for her belief of a claim of right to
visit, she was not trespassing. The nursing home was compared to the apartment building
in Commonwealth v. Richardson (next example), in which the residents consent to having
guests, as do tenants.
EXAMPLE 2: In Commonwealth v. Richardson
69
, a Massachusetts case, the defendants
were Jehovah's Witnesses and were in the main corridor of an apartment building ringing
buzzers for apartments so they could talk to the tenants about their mission. The property
manager found them there and told them to get out of the building. The defendants refused
to leave and were eventually let in by an elderly tenant. Meanwhile, the property manager
called the police. The police asked the defendants to leave, but the defendants went back
to the corridor to ring more buzzers and upon doing so were arrested by the officers for
trespassing. The court found that when a tenant unleashes the lock to the front door, it
constitutes a license or permission for the defendants to enter, identify themselves, and
disclose the purpose of the visit. The court found that the Jehovah's Witnesses were not
trespassing and their convictions were reversed.
In State v. Holiday,
70
the Minnesota Court of Appeals determined that a trespass notice
cannot state that a person is excluded from all public housing in the city. Here, Holiday was given
a trespass notice stating that he could not return to any Minneapolis Public Housing Authority
property. The court found that this ordinance must be interpreted to allow only notices to stay off
65
Minn. Stat. 609.605
66
In re Jason Allen, 733 A.2d 351 (Md.App.1999). State v. Dixon, 725 A.2d 920 (Vt.1999). City of Kent v.
Hermann, 1996 WL 210780 (Ohio App. 11 Dist.). State of Ohio v. Hites, 2000 WL 1114809 (Ohio App. 3 Dist.).
Branish v. NHP Property Management, 694 A.2d 1106 (Pa.Super.1997). Souza v. Fall River Housing Authority,
699 N.E.2d 30 (Mass.App.Ct.1998). Reed v. Commonwealth, 366 S.E.2d 274 (Va.App.1988). Jones v.
Commonwealth, 443 S.E.2d 189 (Va.App.1994). Diggs v. Housing Authority of the City of Frederick, 67
F.Supp.2d 522 (D.Md.1999). An excellent law review summarizing the law is Note (Elena Goldstein), Kept
Out:Responding to Public Housing No-Trespass Policies 38 Harvard Civil Rights-Civil Liberties Law Review 215
(2003), available at <http://www.law.harvard.edu/students/orgs/crcl/vol38_1/goldstein.pdf>
67
State v. Hoyt, 304 N.W.2d 884 (Minn. 1981).
68
69
Commonwealth v. Richardson, 48 N.E.2d 678 (Mass. 1943).
70
State v. Holiday, 585 N.W.2d 68 (Minn. Ct. App. 1998).
18

a specific property so as not to infringe on the guest's freedom of association. A trespass notice
can only demand that a person may not return to a specific property.
2. Defenses by the Arrestee
A winning defense by the alleged trespasser is that he had a right to be on the property
(e.g., he or she was a guest of a tenant). Consent, which can be implied from custom, usage, or
conduct, is also a defense.
71
For example, even if the "trespasser" was not invited by a tenant, he
can be found not guilty if the landlord has a custom of allowing him on the site.
3. Section 1983 - Civil Rights Suit for Wrongful Arrest Possible
Often police officers receive calls about people who are violating trespass notices. In order
for an officer to validly arrest a person, the officer needs to make sure they have a colorable right
to arrest a trespasser. An arrest without probable cause could lead to a Section 1983 suit for
violation of the arrestee's civil rights.
4. City Ordinances
The city code of Bloomington provides an example of a typical city trespass ordinance.
72
The city code section states that a property manager or tenant may issue a trespass notice only
when:
* there is probable cause to believe that the person has committed an act prohibited by state
statute or city ordinance while on the premises, in common areas or on the tenant's space
OR
* there is probable cause to believe that the person has violated rules of conduct for the
property (the rules must be conspicuously posted at all public entrances or personally
provided to people in writing by the manager or tenant)
73
Under the code, if a person returns to the property prohibited in the notice without written
permission of the property manager, tenant, or authorized agent named in the notice, the person
can be criminally prosecuted for trespass "as a misdemeanor under Minnesota law."
74
Thus, the
71
75 Am.Jur.2d Trespass 87 (1991).
72
Bloomington City Code 12.10
73
Bloomington City Code 12.10
74
Bloomington City Code 12.09 (b)
19

trespass statue of Minnesota law applies and should be followed when a trespass notice is given.
The ordinance does make clear that a visitor to the common area of an apartment complex without
a tenant's invitation can be found guilty of trespass even though visitors in general are common
(e.g., a salesman).
D. "Trespass" by Tenant Organizers
A special version of guests visiting tenants is visits from tenant organizers -- people
knocking on tenants' doors to encourage them to join together in a tenant's association or the like.
These organizers are protected from arrest for trespass in the same way as the Jehovah's Witnesses
just discussed in EXAMPLE 2. In some situations, they may have extra protection under federal
law or manufactured home law.
The relevant federal law applies to most federally subsidized properties and properties that
used to be federally subsidized.
75
HUD regulations specifically allow tenants and tenant organizers
to:
1) distribute leaflets in lobby and common areas;
2) place leaflets at or under tenants' doors;
3) conduct door-to-door surveys of tenants;
4) post information on bulletin boards;
5) assist tenants in their organizing;
6) conducting tenant meetings on site.
76
An organizer (or tenant) engaging in these activities has a claim of right to be on the property and
thus is not trespassing.
A tenant organizer at a manufactured home park also has a claim of right under Minn. Stat.
327C.13 which prohibits park owners from "prohibiting residents or other persons from
peacefully organizing, assembling, canvassing, leafleting or other wise exercising ... their right of
free expression for noncommercial purposes." The park owner may enforce rules setting
75
Those properties include virtually all HUD subsidized properties. They also include formerly subsidized
properties that used to have a Section 236 mortgage, Section 221(d)(3) mortgage, Rent Supplement Program
assistance, or Section 8 LMSA Program assistance. 24 C.F.R. 245.10.
76
24 C.F.R. 245.115. This regulation lists other protected activities as well, but they are less likely to be the
basis for a claim of right to occupy property.
20

reasonable limits as to time, place, and manner of speech. Id.
E. Political Campaigning
It is a petty misdemeanor for a person to either directly or indirectly deny a candidate who
has filed for an election to public office (including accompanying campaign workers) access to:
77
* an apartment house
* a dormitory
* a nursing home
* a manufactured home park
* other multiple unit facilities used as a residence
* an area in which two or more single-family dwellings are located on private roadways
The candidate or campaign workers must only seek admittance for the purpose of campaigning.
The following are allowed:
* denial to a particular room or apartment, presumably by the occupant
* requiring identification before admittance
* denial to visit certain persons for valid health reasons
* limiting visits to a reasonable number of persons or reasonable hours
* requiring a prior appointment to gain access
* denial of admittance for good cause
XIII. ACCEPTING APPLICATIONS WITHOUT RENTAL PROPERTY
A "fake" landlord (one who actually has no property to rent or no real intention to rent
what he has) who collects application fees is guilty of theft because "swindling," in which the
person tries to obtain property or services from another by tricking or deceiving them, is theft.
78
Assuming the fees are relatively low, the theft is probably misdemeanor theft.
79
XIV. KARI KOSKINEN ACT MANAGER BACKGROUND CHECK
The Kari Koskinen Act, Minn. Stat. 299C.66-.71, requires landlords to conduct
background checks on managers. A manager is a person who can enter tenants units in the
scope of her duties and is not hired on casual basis.
80
A typical example is a caretaker with a
77
Minn. Stat. 211B.20
78
Minn. Stat. 609.52, Subd. 2 (4)
79
Minn. Stat. 609.52
80
Minn. Stat. 299C.67, Subd. 4
21

passkey (as opposed to a casual entrant like a painter hired on a one-time basis). The
background check is done through the Bureau of Criminal Apprehension or by an equivalent
method.
81
The check is for convictions for [a] a variety of homicides, assaults, sexual assaults,
burglaries, robberies and stalkings; [b] kidnaping; [c] terroristic threats; or [d] an attempt at one of
these crimes. The detailed list is found in Minn. Stat. 299C.67, subd. 2.
With two exceptions, a person with a conviction for one of these crimes may not be hired
as a manager.
82
The first exception is that the person may be hired after the background check is
requested but before the Bureau replies;
83
once the reply indicates a conviction of one of the listed
crimes, the person must be fired.
84
The second exception is that for a subset of the listed crimes,
the person may be hired and retained if she has been discharged from her sentence for more than
10 years.
85
A landlord who violates the Kari Koskinen Act is guilty of a petty misdemeanor.
86
XV. DISCRIMINATION
A. Civil Law - Landlord's Duty Not to Discriminate
A landlord may not engage in unfair discriminatory practice by:
1) refusing to rent to a person or group of persons because of race, color, creed, religion,
national origin, sec, marital status, status with regard to public assistance, disability, sexual
orientation or familial status
87
, OR
2) discriminate against any person or group of persons in the terms or lease of any real
property on the basis of race, color, creed, religion, national origin, sec, marital status,
status with regard to public assistance, disability, sexual orientation or familial status
88
, OR
81
Minn. Stat. 299C.68
82
Minn. Stat. 299C.68, subd. 1; Minn. Stat. 299C.69, subd. 1(a)
83
Minn. Stat. 299C.68, subd. 1; Minn. Stat. 299C.69, subd. 1(a)
84
Minn. Stat. 299C.69, subd. 1(a)
85
Minn. Stat. 299C.69, subd. 1(b)
86
Minn. Stat. 299C.70
87
Minn. Stat. 363A.09, Subd. 1(a)
88
Minn. Stat. 363A.09, Subd. 1(b)
22

3) print, circulate, or post any advertisement which expresses any limitation, specification
or discrimination as to race, color, creed, religion, national origin, sec, marital status, status
with regard to public assistance, disability, sexual orientation or familial status.
89
The following are exemptions to the above:
a) discrimination on the basis of sex is allowable for rooms in a temporary or permanent
resident home run by a nonprofit organization.
90
b) discrimination on the basis of sex, marital status, status with regard to public assistance,
sexual orientation, or disability is allowable by a resident owner or occupier of a one-family
accommodation.
91
c) discrimination on the basis of sexual orientation is allowable by a resident owner or
occupier of a one-family accommodation.
92
d) discrimination on the basis of familial status is not to be construed to defeat the
applicability of laws regarding restrictions on the maximum number of occupants permitted
in a dwelling unit.
93
e) discrimination on the basis of familial status is allowable by owner-occupied buildings
containing four or fewer dwelling units and housing for elderly persons.
94
If a tenant believes that she is being discriminated against, she may report the landlord to
the Minnesota Human Rights Department, the state agency in charge of enforcing Minn. Stat.
Chap. 363, at 651/539-1100. The Department will review and investigate the complaint. If it finds
probable cause to believe that illegal discrimination has occurred, it will pursue administrative
action (similar to a civil rights lawsuit but in a different forum). The tenant is also free to consult a
civil-rights attorney.
B. Criminal Offenses Related to Housing Discrimination
Federal fair housing law makes it a crime for an individual to use force or threaten to use
force to injure, intimidate, or interfere with any person's housing rights because of that person's
race, color, religion, sex, disability, familial status or nation origin.
95
Additionally, anyone assisting
89
Minn. Stat. 363A.09, Subd. 1(c)
90
91
Minn. Stat. 363A.21, Subd. 1(b)
92
Minn. Stat. 363A.21, Subd. 1()
93
94
Minn. Stat. 363A.21, Subd. 2(a)-(b)
95
42 U.S.C. 3631(a)
23

an individual or group of people to exercise their fair housing rights is protected from force or the
threatened use of force.
96
The offense is a gross misdemeanor or felony, with the punishment
ranging up to life imprisonment depending on the circumstances of the incident and the injury
occurring.
97
Minnesota law includes a "hate-crime-assault" statute that provides extra punishment for an
assault stemming from the victim's race, color, religion, sex, sexual orientation, disability, age or
national origin. The crime is a gross misdemeanor or felony depending on the circumstances.
98
OTHER TOPICS
XVI. RESTRAINING ORDER/ ORDER FOR PROTECTION
A. Restraining Order
Police are frequently called for violations of restraining orders.
99
A copy of the restraining
order must be sent to the local law enforcement agency. Tenants should be treated the same as
homeowners.
A violation of a restraining order is a misdemeanor and a subsequent violation is a gross
misdemeanor. If an officer has probable cause to believe a person has violated a restraining order,
she must make a warrantless arrest.
B. Order for Protection
Orders for protection pertain to domestic abuse.
100
A court may grant an order for
protection which excludes a party from the home they share. The person may not return to the
home for any reason, including an invitation by the abused person. The order for protection must
be sent to the local law enforcement agency.
Violating an order for protection is a misdemeanor and constitutes contempt of court. A
96
42 U.S.C. 3631(b)
97
42 U.S.C. 3631()
98
Minn. Stat. 609.2231, Subd. 4(a)
99
Minn. Stat. 609.748
100
Minn. Stat. 518B.01
24

second violation is a gross misdemeanor. A third violation or violating the order with a
dangerous weapon is a felony. If an officer has probable cause to believe a person has violated an
order for protection, the officer must make a warrantless arrest.
XVII. AUTOMOBILE TOWING
A. Cars on Public Property
A car can be towed from public property only if an officer has prepared a parking citation
and a written towing report describing the car and the reasons for the towing. The citation must
be signed by the officer and the tow driver.
101
In general, a car cannot be towed from public
property until four hours after the ticket has been issued. A car can be towed immediately if the
officer has probable cause to believe the vehicle is stolen or the officer has probable cause to
believe the owner has five or more parking citations. A car cannot be towed for having expired
tabs.
B. Cars on Private Property
A car may be impounded immediately when it has been left unattended on:
* single-family or duplex residential private property
* any residential private property (properly posted)
102
Obviously, this does not allow impoundment of a car parked by one with a right to park there,
either through ownership or a lease that includes parking.
XVIII. TENANT'S COLD WEATHER NOTICE BEFORE VACATING
A tenant who is moving out needs to give a three-day notice during winter (November 15 -
April 15) so the landlord can take steps to make sure the pipes do not freeze.
Exceptions: * the pipes are not subject to freezing OR
* the tenant is leaving on the day the tenancy is supposed to end
A tenant who violates the statute is guilty of a misdemeanor.
103
101
Minn. Stat. 169.041
102
Minn. Stat. 168B.04
103
25

XIX. COLD WEATHER RULE
The cold weather rule states that a tenant has protection against having the heat
disconnected during winter (Oct.15 - April 15)
104
if he is unable to pay the utility bill.
105
THIS
RULE HAS NOTHING TO DO WITH EVICTING A TENANT OR REFUSING TO RENEW A
LEASE BECAUSE IT IS WINTER. A landlord can evict a tenant during any time of the year,
regardless of whether the tenant is pregnant or has children (other common myths).
XX. PUBLIC HEALTH
A threat to public health includes:
106
* public health nuisance
* source of filth
* cause of sickness
The Board of Health must require the owner or occupant to remove or clean up the threat within
ten days.
XXI. ABUSE AND NEGLECT
Abuse and neglect are not landlord/tenant issues, but the police do face these problems
often. The police should treat tenants the same as homeowners. The criminal statutes for these
offenses are:
Minn. Stat. 609.233 Criminal neglect
Minn. Stat. 609.2325 Criminal abuse
Minn. Stat. 609.378 Neglect or endangerment of a child
104
Minn. Stat. 216B.096, subd. 2(b)
105
Minn. Stat. 216B.096 & Minn. Stat. 216B.097
106
Minn. Stat. 145A.04, Subd. 8
26

REFERENCES
Minnesota Statutes
Minn. Stat. 145A.04
Minn. Stat. 168B.04
Minn. Stat. 169.041
Minn. Stat. 211B.20
Minn. Stat. 299C.66-.71
Minn. Stat. 327.70
Minn. Stat. 327.72
Minn. Stat. 327.73
Minn. Stat. 363A.09
Minn. Stat. 363A.21
Minn. Stat. 513.01
Minn. Stat. 514.18
Minn. Stat. 514.19
Minn. Stat. 514.20
Minn. Stat. 514.21
Minn. Stat. 514.22
Minn. Stat. 518B.01
Minn. Stat. 609.233
Minn. Stat. 609.378
Minn. Stat. 609.52
Minn. Stat. 609.582
Minn. Stat. 609.595
Minn. Stat. 609.605
Minn. Stat. 609.606
Minn. Stat. 609.74
Minn. Stat. 609.746
Minn. Stat. 609.748
Minn. Stat. 617.81
Minn. Stat. 617.82
Minn. Stat. 617.83
Minn. Stat. 617.85
27

Minnesota Cases
Gutierrez v.Eckert Farm Supply, No. C5-02-1900 (Minn. Ct. App. July 1, 2003).
Lee v. Regents of the U. of Minnesota, 672 N.W.2d 366 (Minn. Ct. App. 2003)
McGovern v. City of Minneapolis, 480 N.W.2d 121 (Minn. Ct. App.1992).
Seabloom v. Krier, 18 N.W.2d 88,91, 219 Minn. 362,367 (1945)
State v. Holiday, 585 N.W.2d 68 (Minn. Ct. App. 1998).
Torgelson v. 17138 - 880
th
Avenue, 749 N.W.2d 24 (Minn. 2008).
Wegner v. Milwaukee Mutual Insurance Company, 479 N.W.2d 38 (Minn. 1991).
Other Cases
Branish v. NHP Property Management, 694 A.2d 1106 (Pa.Super.1997).
City of Kent v. Hermann, 1996 WL 210780 (Ohio App. 11 Dist.).
Commonwealth v. Richardson, 48 N.E.2d 678 (Mass. 1943).
Diggs v. Housing Authority of the City of Frederick, 67 F.Supp.2d 522 (D.Md.1999).
In re Jason Allen, 733 A.2d 351 (Md.App.1999).
Jones v. Commonwealth, 443 S.E.2d 189 (Va.App p.1988).
Reed v. Commonwealth, 366 S.E.2d 274 (Va.Ap. 1994).
Souza v. Fall River Housing Authority, 699 N.E.2d 30 (Mass.App.Ct.1998).
State v. Dixon, 725 A.2d 920 (Vt.1999).
State of Ohio v. Hites, 2000 WL 1114809 (Ohio App. 3 Dist.).
Law Review
Note (Elena Goldstein), Kept Out:Responding to Public Housing No-Trespass Policies
38 Harvard Civil Rights-Civil Liberties Law Review 215 (2003), available at
<http://www.law.harvard.edu/students/orgs/crcl/v.38/goldstein.pdf>
Other Sources
42 U.S.C. 1983
42 U.S.C. 3631
75 Am.Jur.2d Trespass 87
24 C.F.R. 245.10
24 C.F.R. 245.115
City Codes
Bloomington Code 12.01-12.12
Brooklyn Center Code 12-911
Brooklyn Park City Code 117.49-117.52
Burnsville City Code 6-12-1 - 6-12-8
Minneapolis Code 244.2020
Attorney General Handbook
Landlords and Tenants: Rights and Responsibilities, available from AG at 651-296-3353 and at
<http://www.ag.state.mn.us/consumer/housing/lt/default.asp>
28

APPENDIX I
QUICK REFERENCE CHART
ACTION CRIMINAL
VIOLATION
AND
FORFEITURE
CIVIL
VIOLATION
LOCATION IN
THE MANUAL
3-Strike Ordinances/
Numerous Police
Calls
City Ordinances Pages 7-10
Section VII &
Appendix
Abuse and Neglect Minn Stat 609.233,
609.2325, 609.378
various crimes
Page 26
Section XIX
Accepting
Applications without
Available property
Minn Stat 609.52
misdemeanor theft
Pages 21-22
Section XIII
Automobile Towing Minn Stat 169.041,
168B.04
Page 24
Section XVI (A, B)
Manager Background
Check
Minn Stat 299C.70
petty misdemeanor
Page 22
Section XIV
Cold Weather Issues Minn Stat 504B.155
misdemeanor frozen
pipes
Minn Stat 504B.155
Minn Stat 216B.096
Minn Stat 216B.097
Page 25
Section XVII & XVIII
Damages to Property Minn Stat 609.595
misdemeanor
through felony
Minn Stat 504B.165 Pages 5-6
Section V
Drugs on the
Property
Minn Stat 609.5317
forfeiture
Section III & IV
Landlord Wants
Tenant Out of Rental
Property/ Eviction
Pages 13-14
Section X (A)
Lease, Not in Writing Minn Stat 504B.111
petty misdemeanor
Minn Stat 504B.111
Minn Stat 513.01
Pages 2-3
Section II
29

Lockout Minn Stat 609.582
Minn Stat 609.606
Minn Stat 504B.225
misdemeanor
lockout
Minn Stat 504B.225
Minn Stat 504B.375
Pages 11-13
Section IX
Lying on Rental
Application
Minn Stat 609.52
misdemeanor theft
Page 10
Section VIII
Noise Minn Stat 609.74
Minn Stat 617.81
misdemeanor
Pages 6-7
Section VI
Order for Protection Minn Stat 518B.01
misdemeanor
violating order for
protection
Page 24
Section XIV (B)
Personal Property of
the Tenant
Minn Stat 609.52
misdemeanor theft
through felony
Minn Stat 504B.271
Minn Stat 504B.365
Pages 15-16
Section XI
Political Campaigning Minn Stat 211B.20
petty misdemeanor
Pages 21
Section XII (E)
Privacy of the Tenant Minn Stat 609.746
Minn Stat 609.605
misdemeanor
trespass & gross
misdemeanor
peeping tom
Section XII (A, B)
Public Health Minn Stat 145A.04 Page 25
Section XIX
Restraining Orders Minn Stat 609.748
misdemeanor
violating restraining
order
Pages 23-24
Section XV (A)
Tenant Wants
Roommate/Guest Out
of Rental Property
Pages 14-15
Section X (B)
Trespass Notices to
Guests
Minn Stat 609.605
misdemeanor
trespass
Case law Pages 17-20
Section XII (C)
30

APPENDIX II
Minnesota Statutes
1
Minn. Stat. 145A.04
Minn. Stat. 168B.04
Minn. Stat. 169.041
Minn. Stat. 211B.20
Minn. Stat. 216B.096 *
Minn. Stat. 299C.66-.71
Minn. Stat. 327.70-327.73
Minn. Stat. 363A.09
Minn. Stat. 363A.21
Minn. Stat. 513.01
Minn. Stat. 514.18
Minn. Stat. 514.19
Minn. Stat. 514.20
Minn. Stat. 514.21
Minn. Stat. 514.22
Minn. Stat. 518B.01 *
Minn. Stat. 609.2231 *
Minn. Stat. 609.233
Minn. Stat. 609.378
Minn. Stat. 609.52
Minn. Stat. 609.582
Minn. Stat. 609.595
Minn. Stat. 609.605
Minn. Stat. 609.606
Minn. Stat. 609.74
Minn. Stat. 609.746
Minn. Stat. 609.748
Minn. Stat. 617.81
Minn. Stat. 617.82
Minn. Stat. 617.83
Minn. Stat. 617.85
31
City Ordinances
2
Bloomington Ordinances 12.01 to 12.12
Brooklyn Center City Ordinances 12-911
Brooklyn Park City Ordinances 117.49 to
117.52 and 134.03
Burnsville City Ordinances 6-12-1 to
6-12-8
Minneapolis Ordinances 244.2020
Footnotes
1
The statutes are the 2010 version. Three of the
statutes were amended by the 2011 legislature and
are marked by an asterisk. In each case, the
relevant part of the session law amending the
statute is reproduced directly after the statute.
2
The ordinances were obtained from each citys
website on 8/19/11.

145A.04, 2010 Minnesota Statutes https://www.revisor.mn.gov/statutes/?id=145A.04
2010 Minnesota Statutes
145A.04 POWERS AND DUTIES OF BOARD OF HEALTH.
Subdivision 1. Jurisdiction; enforcement. A county or multicounty board of health has the powers
and duties of a board of health for all territory within its jurisdiction not under the jurisdiction of a city
board of health. Under the general supervision of the commissioner, the board shall enforce laws,
regulations, and ordinances pertaining to the powers and duties of a board of health within its
jurisdictional area.
Subd. 2. Appointment of agent. A board of health must appoint, employ, or contract with a person
or persons to act on its behalf. The board shall notify the commissioner of the agent's name, address, and
phone number where the agent may be reached between board meetings and submit a copy of the
resolution authorizing the agent to act on the board's behalf.
Subd. 3. Employment; medical consultant. (a) A board of health may establish a health
department or other administrative agency and may employ persons as necessary to carry out its duties.
(b) Except where prohibited by law, employees of the board of health may act as its agents.
(c) Employees of the board of health are subject to any personnel administration rules adopted by a
city council or county board forming the board of health unless the employees of the board are within
the scope of a statewide personnel administration system.
(d) The board of health may appoint, employ, or contract with a medical consultant to receive
appropriate medical advice and direction.
Subd. 4. Acquisition of property; request for and acceptance of funds; collection of fees. (a) A
board of health may acquire and hold in the name of the county or city the lands, buildings, and
equipment necessary for the purposes of sections 145A.03 to 145A.131. It may do so by any lawful
means, including gifts, purchase, lease, or transfer of custodial control.
(b) A board of health may accept gifts, grants, and subsidies from any lawful source, apply for and
accept state and federal funds, and request and accept local tax funds.
(c) A board of health may establish and collect reasonable fees for performing its duties and
providing community health services.
(d) With the exception of licensing and inspection activities, access to community health services
provided by or on contract with the board of health must not be denied to an individual or family
because of inability to pay.
Subd. 5. Contracts. To improve efficiency, quality, and effectiveness, avoid unnecessary
duplication, and gain cost advantages, a board of health may contract to provide, receive, or ensure
provision of services.
Subd. 6. Investigation; reporting and control of communicable diseases. A board of health shall
make investigations and reports and obey instructions on the control of communicable diseases as the
commissioner may direct under section 144.12, 145A.06, subdivision 2, or 145A.07. Boards of health
must cooperate so far as practicable to act together to prevent and control epidemic diseases.
Subd. 6a. Minnesota Responds Medical Reserve Corps; planning. A board of health receiving
funding for emergency preparedness or pandemic influenza planning from the state or from the United
States Department of Health and Human Services shall participate in planning for emergency use of
volunteer health professionals through the Minnesota Responds Medical Reserve Corps program of the
1 of 3 8/19/2011 1:48 PM

Department of Health. A board of health shall collaborate on volunteer planning with other public and
private partners, including but not limited to local or regional health care providers, emergency medical
services, hospitals, tribal governments, state and local emergency management, and local disaster relief
organizations.
Subd. 6b. Minnesota Responds Medical Reserve Corps; agreements. A board of health
participating in the Minnesota Responds Medical Reserve Corps program may enter into written mutual
aid agreements for deployment of its paid employees and its Minnesota Responds Medical Reserve
Corps volunteers with other boards of health, other political subdivisions within the state, or with tribal
governments within the state. A board of health may also enter into agreements with the Indian Health
Services of the United States Department of Health and Human Services, and with boards of health,
political subdivisions, and tribal governments in bordering states and Canadian provinces.
Subd. 6c. Minnesota Responds Medical Reserve Corps; when mobilized. When a board of health
finds that the prevention, mitigation, response to, or recovery from an actual or threatened public health
event or emergency exceeds its local capacity, it shall use available mutual aid agreements. If the event
or emergency exceeds mutual aid capacities, a board of health may request the commissioner of health
to mobilize Minnesota Responds Medical Reserve Corps volunteers from outside the jurisdiction of the
board of health.
Subd. 7. Entry for inspection. To enforce public health laws, ordinances or rules, a member or
agent of a board of health may enter a building, conveyance, or place where contagion, infection, filth,
or other source or cause of preventable disease exists or is reasonably suspected.
Subd. 8. Removal and abatement of public health nuisances. (a) If a threat to the public health
such as a public health nuisance, source of filth, or cause of sickness is found on any property, the board
of health or its agent shall order the owner or occupant of the property to remove or abate the threat
within a time specified in the notice but not longer than ten days. Action to recover costs of
enforcement under this subdivision must be taken as prescribed in section 145A.08.
(b) Notice for abatement or removal must be served on the owner, occupant, or agent of the
property in one of the following ways:
(1) by registered or certified mail;
(2) by an officer authorized to serve a warrant; or
(3) by a person aged 18 years or older who is not reasonably believed to be a party to any action
arising from the notice.
(c) If the owner of the property is unknown or absent and has no known representative upon whom
notice can be served, the board of health or its agent shall post a written or printed notice on the
property stating that, unless the threat to the public health is abated or removed within a period not
longer than ten days, the board will have the threat abated or removed at the expense of the owner
under section 145A.08 or other applicable state or local law.
(d) If the owner, occupant, or agent fails or neglects to comply with the requirement of the notice
provided under paragraphs (b) and (c), then the board of health or its agent shall remove or abate the
nuisance, source of filth, or cause of sickness described in the notice from the property.
Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the board of health
may bring an action in the court of appropriate jurisdiction to enjoin a violation of statute, rule, or
ordinance that the board has power to enforce, or to enjoin as a public health nuisance any activity or
failure to act that adversely affects the public health.
2 of 3 8/19/2011 1:48 PM

Subd. 10. Hindrance of enforcement prohibited; penalty. It is a misdemeanor deliberately to
hinder a member of a board of health or its agent from entering a building, conveyance, or place where
contagion, infection, filth, or other source or cause of preventable disease exists or is reasonably
suspected, or otherwise to interfere with the performance of the duties of the board of health.
Subd. 11. Neglect of enforcement prohibited; penalty. It is a misdemeanor for a member or agent
of a board of health to refuse or neglect to perform a duty imposed on a board of health by statute or
ordinance.
Subd. 12. Other powers and duties established by law. This section does not limit powers and
duties of a board of health prescribed in other sections.
History: 1987c 309s 4; 1Sp2003 c 14 art 8 s 31; 2008c 202s 2-4
3 of 3 8/19/2011 1:48 PM

168B.04, 2010 Minnesota Statutes https://www.revisor.mn.gov/statutes/?id=168B.04
168B.04 AUTHORITY TO IMPOUND VEHICLES.
Subdivision 1. Abandoned or junk vehicles. Units of government and peace officers may take into
custody and impound any abandoned or junk vehicle.
Subd. 2. Unauthorized vehicles. (a) Units of government and peace officers may take into custody
and impound any unauthorized vehicle under section 169.041.
(b) A vehicle may also be impounded after it has been left unattended in one of the following public
or private locations for the indicated period of time:
(1) in a public location not governed by section 169.041:
(i) on a highway and properly tagged by a peace officer, four hours;
(ii) located so as to constitute an accident or traffic hazard to the traveling public, as determined by
a peace officer, immediately;
(iii) located so as to constitute an accident or traffic hazard to the traveling public within the
Department of Transportation's eight-county metropolitan district, as determined by an authorized
employee of the department's freeway service patrol, immediately; or
(iv) that is a parking facility or other public property owned or controlled by a unit of government,
properly posted, four hours; or
(2) on private property:
(i) that is single-family or duplex residential property, immediately;
(ii) that is private, nonresidential property, properly posted, immediately;
(iii) that is private, nonresidential property, not posted, 24 hours;
(iv) that is private, nonresidential property of an operator of an establishment for the servicing,
repair, or maintenance of motor vehicles, five business days after notifying the vehicle owner by
certified mail, return receipt requested, of the property owner's intention to have the vehicle removed
from the property; or
(v) that is any residential property, properly posted, immediately.
History: 1971c 734s 4; 1995c 137s 2; 2004c 224s 5; 2008c 287art 1 s 32
1 of 1 8/19/2011 1:49 PM

169.041, 2010 Minnesota Statutes https://www.revisor.mn.gov/statutes/?id=169.041
169.041 TOWING AUTHORIZED.
Subdivision 1. Towing authority. For purposes of this section, "towing authority" means:
(1) any local authority authorized by section 169.04 to enforce the traffic laws, and a private
towing company authorized by a local authority; or
(2) an authorized employee of the Department of Transportation's freeway service patrol within the
department's eight-county metropolitan district.
Subd. 2. Towing order required. A towing authority may not tow a motor vehicle from public
property unless a peace officer or parking enforcement officer has prepared, in addition to the parking
citation, a written towing report describing the motor vehicle and the reasons for towing. The report
must be signed by the officer and the tow driver. Within the Department of Transportation's eight-
county metropolitan district, an authorized employee of the department's freeway service patrol may
order a tow from a trunk highway after preparing a written towing report provided by the Minnesota
State Patrol. A citation need not be issued before the employee orders a tow.
Except in cases where an accident or traffic hazard to the traveling public exists, the department
employee shall ensure that if the tower requested to remove the vehicle by the owner arrives before the
tower requested by the department, the tower requested by the owner is given the opportunity to
actually conduct and complete all towing operations requested.
Subd. 3. [Repealed, 2010 c 351 s 74]
Subd. 4. [Repealed, 2010 c 351 s 74]
Subd. 5. Towing prohibited. (a) A towing authority may not tow a motor vehicle because:
(1) the vehicle has expired registration tabs that have been expired for less than 90 days; or
(2) the vehicle is at a parking meter on which the time has expired and the vehicle has fewer than
five unpaid parking tickets.
(b) A towing authority may tow a motor vehicle, notwithstanding paragraph (a), if:
(1) the vehicle is parked in violation of snow emergency regulations;
(2) the vehicle is parked in a rush-hour restricted parking area;
(3) the vehicle is blocking a driveway, alley, or fire hydrant;
(4) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking is prohibited;
(5) the vehicle is parked within 30 feet of a stop sign and visually blocking the stop sign;
(6) the vehicle is parked in a disability transfer zone or disability parking space without a disability
parking certificate or disability license plates;
(7) the vehicle is parked in an area that has been posted for temporary restricted parking (i) at least
12 hours in advance in a home rule charter or statutory city having a population under 50,000, or (ii) at
least 24 hours in advance in another political subdivision;
(8) the vehicle is parked within the right-of-way of a controlled-access highway or within the
traveled portion of a public street when travel is allowed there;
(9) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by fire, police,
1 of 3 8/19/2011 1:50 PM

public safety, or emergency vehicles;
(10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul International Airport
owned by the Metropolitan Airports Commission;
(11) a law enforcement official has probable cause to believe that the vehicle is stolen, or that the
vehicle constitutes or contains evidence of a crime and impoundment is reasonably necessary to obtain
or preserve the evidence;
(12) the driver, operator, or person in physical control of the vehicle is taken into custody and the
vehicle is impounded for safekeeping;
(13) a law enforcement official has probable cause to believe that the owner, operator, or person in
physical control of the vehicle has failed to respond to five or more citations for parking or traffic
offenses;
(14) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by taxicabs;
(15) the vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle;
(16) the vehicle is parked, on a school day during prohibited hours, in a school zone on a public
street where official signs prohibit parking; or
(17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section 168B.011, and
subject to immediate removal under chapter 168B.
Subd. 5a. Quick clearance. (a) For purposes of this subdivision:
(1) "road" includes the roadway, a lane for vehicular traffic, shoulder, on-ramp, and off-ramp of a
street or highway, including a parkway; and
(2) "obstructions" includes motor vehicles, debris, personal property, and cargo.
(b) Within the Department of Transportation's eight-county metropolitan district, the department
and the State Patrol may move, remove, or cause to remove obstructions from a road if:
(1) there has been a traffic incident involving a collision, accident, or spilled load;
(2) the obstructions block a road or aggravate an emergency on a road; and
(3) the department cooperates with the State Patrol and private towing or recovery companies
authorized by the State Patrol concerning towing of the vehicle and removal of other obstructions.
(c) The State Patrol shall make a reasonable effort to contact the owner of the motor vehicle or
other obstructions before undertaking an action under this subdivision.
(d) The department shall make a reasonable effort to allow the owner of the motor vehicle to
arrange for its removal, taking into account any time delay and safety issues, and shall give due
consideration to having the vehicle towed by a licensed towing service capable of safely moving the
vehicle.
(e) Towing charges accrued by the owner or owners of the vehicle must be reasonable for the type
of vehicle removed and the circumstances surrounding its removal.
Subd. 6. Private property. This section does not restrict the authority of the owner of private
property to authorize under chapter 168B the towing of a motor vehicle unlawfully parked on the
private property.
2 of 3 8/19/2011 1:50 PM

Subd. 7. Damages. The owner or driver of a motor vehicle towed in violation of this section is
entitled to recover from the towing authority the greater of $100 or two times the actual damages
sustained as a result of the violation. Damages recoverable under this subdivision include but are not
limited to costs of recovering the vehicle, including time spent and transportation costs.
History: 1989c 256s 1; 1990c 503s 1; 1992c 580s 1; 1994c 536s 19; 1995 c 137 s 10-12;
2005c 56s 1; 2008 c 287art 1 s 42,43; 2010c 351s 27,28
3 of 3 8/19/2011 1:50 PM

211B.20 DENIAL OF ACCESS BY POLITICAL CANDIDATES TO MULTIPLE UNIT DWELLINGS.
Subdivision 1. Prohibition. (a) It is unlawful for a person, either directly or indirectly, to deny
access to an apartment house, dormitory, nursing home, manufactured home park, other multiple unit
facility used as a residence, or an area in which two or more single-family dwellings are located on
private roadways to a candidate who has:
(1) organized a campaign committee under applicable federal or state law;
(2) filed a financial report as required by section 211A.02; or
(3) filed an affidavit of candidacy for elected office.
A candidate granted access under this section must be allowed to be accompanied by campaign
volunteers.
(b) Access to a facility or area is only required if it is located within the district or territory that will
be represented by the office to which the candidate seeks election, and the candidate and any
accompanying campaign volunteers seek access exclusively for the purpose of campaigning for a
candidate or registering voters. The candidate must be seeking election to office at the next general or
special election to be held for that office.
(c) A candidate and any accompanying campaign volunteers granted access under this section must
be permitted to leave campaign materials for residents at their doors, except that the manager of a
nursing home may direct that the campaign materials be left at a central location within the facility. The
campaign materials must be left in an orderly manner.
(d) If a facility or area contains multiple buildings, a candidate and accompanying volunteers must
be permitted to access more than one building on a single visit, but access is limited to only one building
at a time. If multiple candidates are traveling together, each candidate and that candidate's
accompanying volunteers is limited to one building at a time, but all of the candidates and accompanying
volunteers traveling together must not be restricted to accessing the same building at the same time.
(e) A violation of this section is a petty misdemeanor.
Subd. 2. Exceptions. Subdivision 1 does not prohibit:
(1) denial of admittance into a particular apartment, room, manufactured home, or personal
residential unit;
(2) requiring reasonable and proper identification as a necessary prerequisite to admission to a
multiple unit dwelling;
(3) in the case of a nursing home or a registered housing with services establishment providing
assisted living services meeting the requirements of section 144G.03, subdivision 2, denial of permission
to visit certain persons for valid health reasons;
(4) limiting visits by candidates or volunteers accompanied by the candidate to a reasonable number
of persons or reasonable hours;
(5) requiring a prior appointment to gain access to the facility; or
(6) denial of admittance to or expulsion from a multiple unit dwelling for good cause.
History: 1988c 578art 3 s 20; 2010c 314s 3
1 of 2 8/19/2011 1:51 PM

216B.096 COLD WEATHER RULE; PUBLIC UTILITY.
Subdivision 1. Scope. This section applies only to residential customers of a utility.
Subd. 2. Definitions. (a) The terms used in this section have the meanings given them in this
subdivision.
(b) "Cold weather period" means the period from October 15 through April 15 of the following
year.
(c) "Customer" means a residential customer of a utility.
(d) "Disconnection" means the involuntary loss of utility heating service as a result of a physical act
by a utility to discontinue service. Disconnection includes installation of a service or load limiter or any
device that limits or interrupts utility service in any way.
(e) "Household income" means the combined income, as defined in section 290A.03, subdivision 3,
of all residents of the customer's household, computed on an annual basis. Household income does not
include any amount received for energy assistance.
(f) "Reasonably timely payment" means payment within five working days of agreed-upon due
dates.
(g) "Reconnection" means the restoration of utility heating service after it has been disconnected.
(h) "Summary of rights and responsibilities" means a commission-approved notice that contains, at
a minimum, the following:
(1) an explanation of the provisions of subdivision 5;
(2) an explanation of no-cost and low-cost methods to reduce the consumption of energy;
(3) a third-party notice;
(4) ways to avoid disconnection;
(5) information regarding payment agreements;
(6) an explanation of the customer's right to appeal a determination of income by the utility and the
right to appeal if the utility and the customer cannot arrive at a mutually acceptable payment agreement;
and
(7) a list of names and telephone numbers for county and local energy assistance and
weatherization providers in each county served by the utility.
(i) "Third-party notice" means a commission-approved notice containing, at a minimum, the
following information:
(1) a statement that the utility will send a copy of any future notice of proposed disconnection of
utility heating service to a third party designated by the residential customer;
(2) instructions on how to request this service; and
(3) a statement that the residential customer should contact the person the customer intends to
designate as the third-party contact before providing the utility with the party's name.
(j) "Utility" means a public utility as defined in section 216B.02, and a cooperative electric
1 of 5 8/19/2011 1:51 PM

association electing to be a public utility under section 216B.026. Utility also means a municipally
owned gas or electric utility for nonresident consumers of the municipally owned utility and a
cooperative electric association when a complaint in connection with utility heating service during the
cold weather period is filed under section 216B.17, subdivision 6 or 6a.
(k) "Utility heating service" means natural gas or electricity used as a primary heating source,
including electricity service necessary to operate gas heating equipment, for the customer's primary
residence.
(l) "Working days" means Mondays through Fridays, excluding legal holidays. The day of receipt of
a personally served notice and the day of mailing of a notice shall not be counted in calculating working
days.
Subd. 3. Utility obligations before cold weather period. Each year, between September 1 and
October 15, each utility must provide all customers, personally or by first class mail, a summary of rights
and responsibilities. The summary must also be provided to all new residential customers when service is
initiated.
Subd. 4. Notice before disconnection during cold weather period. Before disconnecting utility
heating service during the cold weather period, a utility must provide, personally or by first class mail, a
commission-approved notice to a customer, in easy-to-understand language, that contains, at a
minimum, the date of the scheduled disconnection, the amount due, and a summary of rights and
responsibilities.
Subd. 5. Cold weather rule. (a) During the cold weather period, a utility may not disconnect and
must reconnect utility heating service of a customer whose household income is at or below 50 percent
of the state median income if the customer enters into and makes reasonably timely payments under a
mutually acceptable payment agreement with the utility that is based on the financial resources and
circumstances of the household; provided that, a utility may not require a customer to pay more than ten
percent of the household income toward current and past utility bills for utility heating service.
(b) A utility may accept more than ten percent of the household income as the payment
arrangement amount if agreed to by the customer.
(c) The customer or a designated third party may request a modification of the terms of a payment
agreement previously entered into if the customer's financial circumstances have changed or the
customer is unable to make reasonably timely payments.
(d) The payment agreement terminates at the expiration of the cold weather period unless a longer
period is mutually agreed to by the customer and the utility.
(e) Each utility shall use reasonable efforts to restore service within 24 hours of an accepted
payment agreement, taking into consideration customer availability, employee availability, and
construction-related activity.
Subd. 6. Verification of income. (a) In verifying a customer's household income, a utility may:
(1) accept the signed statement of a customer that the customer is income eligible;
(2) obtain income verification from a local energy assistance provider or a government agency;
(3) consider one or more of the following:
(i) the most recent income tax return filed by members of the customer's household;
(ii) for each employed member of the customer's household, paycheck stubs for the last two months
2 of 5 8/19/2011 1:51 PM

or a written statement from the employer reporting wages earned during the preceding two months;
(iii) documentation that the customer receives a pension from the Department of Human Services,
the Social Security Administration, the Veteran's Administration, or other pension provider;
(iv) a letter showing the customer's dismissal from a job or other documentation of unemployment;
or
(v) other documentation that supports the customer's declaration of income eligibility.
(b) A customer who receives energy assistance benefits under any federal, state, or county
government programs in which eligibility is defined as household income at or below 50 percent of state
median income is deemed to be automatically eligible for protection under this section and no other
verification of income may be required.
Subd. 7. Prohibitions and requirements. (a) This subdivision applies during the cold weather
period.
(b) A utility may not charge a deposit or delinquency charge to a customer who has entered into a
payment agreement or a customer who has appealed to the commission under subdivision 8.
(c) A utility may not disconnect service during the following periods:
(1) during the pendency of any appeal under subdivision 8;
(2) earlier than ten working days after a utility has deposited in first class mail, or seven working
days after a utility has personally served, the notice required under subdivision 4 to a customer in an
occupied dwelling;
(3) earlier than ten working days after the utility has deposited in first class mail the notice required
under subdivision 4 to the recorded billing address of the customer, if the utility has reasonably
determined from an on-site inspection that the dwelling is unoccupied;
(4) on a Friday, unless the utility makes personal contact with, and offers a payment agreement
consistent with this section to the customer;
(5) on a Saturday, Sunday, holiday, or the day before a holiday;
(6) when utility offices are closed;
(7) when no utility personnel are available to resolve disputes, enter into payment agreements,
accept payments, and reconnect service; or
(8) when commission offices are closed.
(d) A utility may not discontinue service until the utility investigates whether the dwelling is
actually occupied. At a minimum, the investigation must include one visit by the utility to the dwelling
during normal working hours. If no contact is made and there is reason to believe that the dwelling is
occupied, the utility must attempt a second contact during nonbusiness hours. If personal contact is
made, the utility representative must provide notice required under subdivision 4 and, if the utility
representative is not authorized to enter into a payment agreement, the telephone number the customer
can call to establish a payment agreement.
(e) Each utility must reconnect utility service if, following disconnection, the dwelling is found to
be occupied and the customer agrees to enter into a payment agreement or appeals to the commission
because the customer and the utility are unable to agree on a payment agreement.
3 of 5 8/19/2011 1:51 PM

Subd. 8. Disputes; customer appeals. (a) A utility must provide the customer and any designated
third party with a commission-approved written notice of the right to appeal:
(1) a utility determination that the customer's household income is more than 50 percent of state
median household income; or
(2) when the utility and customer are unable to agree on the establishment or modification of a
payment agreement.
(b) A customer's appeal must be filed with the commission no later than seven working days after
the customer's receipt of a personally served appeal notice, or within ten working days after the utility
has deposited a first class mail appeal notice.
(c) The commission must determine all customer appeals on an informal basis, within 20 working
days of receipt of a customer's written appeal. In making its determination, the commission must
consider one or more of the factors in subdivision 6.
(d) Notwithstanding any other law, following an appeals decision adverse to the customer, a utility
may not disconnect utility heating service for seven working days after the utility has personally served
a disconnection notice, or for ten working days after the utility has deposited a first class mail notice.
The notice must contain, in easy-to-understand language, the date on or after which disconnection will
occur, the reason for disconnection, and ways to avoid disconnection.
Subd. 9. Cooperative and municipal disputes. Complaints in connection with utility heating service
during the cold weather period filed against a municipal or a cooperative electric association with the
commission under section 216B.17, subdivision 6 or 6a, are governed by section 216B.097.
Subd. 10. Customers above 50 percent of state median income. During the cold weather period, a
customer whose household income is above 50 percent of state median income:
(1) has the right to a payment agreement that takes into consideration the customer's financial
circumstances and any other extenuating circumstances of the household; and
(2) may not be disconnected and must be reconnected if the customer makes timely payments under
a payment agreement accepted by a utility.
Subdivision 7, paragraph (b), does not apply to customers whose household income is above 50 percent
of state median income.
Subd. 11. Reporting. Annually on November 1, a utility must electronically file with the
commission a report, in a format specified by the commission, specifying the number of utility heating
service customers whose service is disconnected or remains disconnected for nonpayment as of October
1 and October 15. If customers remain disconnected on October 15, a utility must file a report each
week between November 1 and the end of the cold weather period specifying:
(1) the number of utility heating service customers that are or remain disconnected from service for
nonpayment; and
(2) the number of utility heating service customers that are reconnected to service each week. The
utility may discontinue weekly reporting if the number of utility heating service customers that are or
remain disconnected reaches zero before the end of the cold weather period.
The data reported under this subdivision are presumed to be accurate upon submission and must be
made available through the commission's electronic filing system.
History: 2007 c 57 art 2 s 13,43; 2008 c 162s 2,3
4 of 5 8/19/2011 1:51 PM

2011 Amendment to Minn. Stat. 216B.096
2011 Minn. Laws ch. 97, s. 7:
Minnesota Statutes 2010, section 216B.096, subdivision 3, is amended to read:
Subd. 3. Utility obligations before cold weather period. Each year, between
September 1 and October 15, each utility must provide all customers, personally,
or by first class mail, or electronically for those requesting electronic billing, a
summary of rights and responsibilities. The summary must also be provided to all
new residential customers when service is initiated.
EFFECTIVE DATE. This section is effective the day following final enactment [5/27/11].

216B.097 COLD WEATHER RULE; COOPERATIVE OR MUNICIPAL UTILITY.
Subdivision 1. Application; notice to residential customer. (a) A municipal utility or a cooperative
electric association must not disconnect and must reconnect the utility service of a residential customer
during the period between October 15 and April 15 if the disconnection affects the primary heat source
for the residential unit and all of the following conditions are met:
(1) The household income of the customer is at or below 50 percent of the state median household
income. A municipal utility or cooperative electric association utility may (i) verify income on forms it
provides or (ii) obtain verification of income from the local energy assistance provider. A customer is
deemed to meet the income requirements of this clause if the customer receives any form of public
assistance, including energy assistance, that uses an income eligibility threshold set at or below 50
percent of the state median household income.
(2) A customer enters into and makes reasonably timely payments under a payment agreement that
considers the financial resources of the household.
(3) A customer receives referrals to energy assistance, weatherization, conservation, or other
programs likely to reduce the customer's energy bills.
(b) A municipal utility or a cooperative electric association must, between August 15 and October
15 each year, notify all residential customers of the provisions of this section.
Subd. 2. Notice to residential customer facing disconnection. Before disconnecting service to a
residential customer during the period between October 15 and April 15, a municipal utility or
cooperative electric association must provide the following information to a customer:
(1) a notice of proposed disconnection;
(2) a statement explaining the customer's rights and responsibilities;
(3) a list of local energy assistance providers;
(4) forms on which to declare inability to pay; and
(5) a statement explaining available time payment plans and other opportunities to secure continued
utility service.
Subd. 3. Restrictions if disconnection necessary. (a) If a residential customer must be involuntarily
disconnected between October 15 and April 15 for failure to comply with subdivision 1, the
disconnection must not occur:
(1) on a Friday, unless the customer declines to enter into a payment agreement offered that day in
person or via personal contact by telephone by a municipal utility or cooperative electric association;
(2) on a weekend, holiday, or the day before a holiday;
(3) when utility offices are closed; or
(4) after the close of business on a day when disconnection is permitted, unless a field
representative of a municipal utility or cooperative electric association who is authorized to enter into a
payment agreement, accept payment, and continue service, offers a payment agreement to the customer.
Further, the disconnection must not occur until at least 20 days after the notice required in subdivision 2
has been mailed to the customer or 15 days after the notice has been personally delivered to the
1 of 2 8/19/2011 1:52 PM

customer.
(b) If a customer does not respond to a disconnection notice, the customer must not be
disconnected until the utility investigates whether the residential unit is actually occupied. If the unit is
found to be occupied, the utility must immediately inform the occupant of the provisions of this section.
If the unit is unoccupied, the utility must give seven days' written notice of the proposed disconnection
to the local energy assistance provider before making a disconnection.
(c) If, prior to disconnection, a customer appeals a notice of involuntary disconnection, as provided
by the utility's established appeal procedure, the utility must not disconnect until the appeal is resolved.
Subd. 4. Application to service limiters. For the purposes of this section, "disconnection" includes
a service or load limiter or any device that limits or interrupts electric service in any way.
History: 1991c 235art 2 s 1; 2001 c 212art 4 s 2; 1Sp2003c 11 art 3s 2; 2007c 57 art 2 s 14,15
2 of 2 8/19/2011 1:52 PM

299C - BUREAU OF CRIMINAL APPREHENSION, 2010 Minnesota Sta... https://www.revisor.mn.gov/statutes/?id=299C&view=chapter
PROPERTY MANAGER BACKGROUND CHECK
299C.66 CITATION.
Sections 299C.66 to 299C.71 may be cited as the "Kari Koskinen Manager Background Check Act."
History: 1995 c 226art 4s 13
299C.67 DEFINITIONS.
Subdivision 1. Terms. The definitions in this section apply to sections 299C.66 to 299C.71.
Subd. 2. Background check crime. "Background check crime" means:
(a)(1) a felony violation of section 609.185 (first-degree murder); 609.19 (second-degree murder); 609.20
(first-degree manslaughter); 609.221 (first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.25 (kidnapping); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal
sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct);
609.561 (first-degree arson); or 609.749 (stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that would be a violation under clause (1) or an attempt
under clause (2) in this state; or
(b)(1) a felony violation of section 609.195 (third-degree murder); 609.205 (second-degree manslaughter);
609.21 (criminal vehicular homicide and injury); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.24 (simple robbery); 609.245 (aggravated robbery); 609.255 (false imprisonment); 609.52 (theft); 609.582,
subdivision 1 or 2 (burglary); 609.713 (terroristic threats); or a nonfelony violation of section 609.749 (stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that would be a violation under clause (1) or an attempt
under clause (2) in this state.
Subd. 3. [Repealed, 2009 c 59 art 6 s 25]
Subd. 4. Manager. "Manager" means an individual who is hired or is applying to be hired by an owner and
who has or would have the means, within the scope of the individual's duties, to enter tenants' dwelling units.
"Manager" does not include a person who is hired on a casual basis and not in the ongoing course of the business of
the owner.
Subd. 5. Owner. "Owner" has the meaning given to "landlord" in section 504B.001, subdivision 7. However,
"owner" does not include a person who owns, operates, or is in control of a health care facility or a home health
agency licensed by the commissioner of health or human services under chapter 144, 144A, 144B, or 245A, or a
board and lodging establishment with special services registered under section 157.17.
Subd. 6. Superintendent. "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
Subd. 7. Tenant. "Tenant" has the meaning given to "residential tenant" in section 504B.001, subdivision 12.
History: 1995 c 226art 4s 14; 1996 c 408 art 10s 7; 1999c 199 art 2 s 7,8; 2001c 7s 62; 2010 c 299s 14
299C.68 BACKGROUND CHECK ON RESIDENTIAL BUILDING MANAGER.
Subdivision 1. When required. Before hiring a manager, an owner shall request the superintendent to conduct
a background check under this section. An owner may employ a manager after requesting a background check under
this section before receipt of the background check report, provided that the owner complies with section 299C.69.
An owner may request a background check for a currently employed manager under this section. By J uly 1, 1996,
an owner shall request the superintendent to conduct a background check under this section for managers hired
before J uly 1, 1995, who are currently employed.
Subd. 2. Procedures. The superintendent shall develop procedures to enable an owner to request a background
45 of 48 8/28/2011 3:00 PM

check to determine whether a manager is the subject of a reported conviction for a background check crime. The
superintendent shall perform the background check by retrieving and reviewing data on background check crimes.
The superintendent shall notify the owner in writing of the results of the background check. If the manager has
resided in Minnesota for less than ten years or upon request of the owner, the superintendent shall also either: (1)
conduct a search of the national criminal records repository, including the criminal justice data communications
network; or (2) conduct a search of the criminal justice data communications network records in the state or states
where the manager has resided for the preceding ten years. The superintendent is authorized to exchange
fingerprints with the Federal Bureau of Investigation for purposes of the criminal history check. The superintendent
shall recover the cost of a background check through a fee charged to the owner.
Subd. 3. Form. (a) The superintendent shall develop a standardized form to be used for requesting a
background check, which must include:
(1) a notification to the manager that the owner will request the superintendent to perform a background check
under this section;
(2) a notification to the manager of the manager's rights under subdivision 4; and
(3) a signed consent by the manager to conduct the background check.
(b) If the manager has resided in Minnesota for less than ten years, or if the owner is requesting a search of the
national criminal records repository, the form must be accompanied by the fingerprints of the manager on whom the
background check is to be performed.
Subd. 4. Manager's rights. (a) The owner shall notify the manager of the manager's rights under paragraph (b).
(b) A manager who is the subject of a background check request has the following rights:
(1) the right to be informed that the owner will request a background check on the manager to determine
whether the manager has been convicted of a crime specified in section 299C.67, subdivision 2;
(2) the right to be informed by the owner of the superintendent's response to the background check and to
obtain from the owner a copy of the background check report;
(3) the right to obtain from the superintendent any record that forms the basis for the report;
(4) the right to challenge the accuracy and completeness of information contained in the report or record under
section 13.04, subdivision 4; and
(5) the right to be informed by the owner if the manager's application to be employed by the owner or to
continue as an employee has been denied because of the result of the background check.
Subd. 5. Response of bureau. The superintendent shall respond in writing to a background check request
within a reasonable time not to exceed ten working days after receiving the signed form under subdivision 3. The
superintendent's response from the search of the Minnesota computerized criminal history system must clearly
indicate whether the manager has ever been convicted of a background check crime and, if so, a description of the
crime, date and jurisdiction of the conviction, and date of discharge of sentence. I f a search is being done of the
national criminal records repository, the superintendent shall determine eligibility based upon national records
received. The superintendent shall reply to the owner in writing indicating whether the manager is or is not eligible
for employment.
Subd. 6. Equivalent background check. (a) An owner may satisfy the requirements of this section: (1) by
obtaining a copy of a completed background check that was required to be performed by the Department of Human
Services as provided for under section 144.057 and chapter 245C, and then placing the copy on file with the owner;
(2) in the case of a background check performed on a manager for one residential setting when multiple residential
settings are operated by one owner, by placing the results in a central location; or (3) by obtaining a background
check from a private business or a local law enforcement agency rather than the superintendent if the scope of the
background check provided by the private business or local law enforcement agency is at least as broad as that of a
background check performed by the superintendent and the response to the background check request occurs within
a reasonable time not to exceed ten working days after receiving the signed form described in subdivision 3. Local
46 of 48 8/28/2011 3:00 PM

law enforcement agencies may access the criminal justice data network to perform the background check.
(b) A private business or local law enforcement agency providing a background check under this section must
use a notification form similar to the form described in subdivision 3, except that the notification form must indicate
that the background check will be performed by the private business or local law enforcement agency using records
of the superintendent and other data sources.
History: 1995 c 226art 4s 15; 1996 c 408 art 10s 8-10; 1Sp2001 c 7 s 1,2; 2002c 321 s 3; 2003 c 15art 1s
33; 2003 c 89 s1; 2009c 59art 6s 17
299C.69 OWNER DUTIES IF MANAGER CONVICTED OF CRIME.
(a) If the superintendent's response indicates that the manager has been convicted of a background check crime
defined in section 299C.67, subdivision 2, paragraph (a), the owner may not hire the manager or, if the manager was
hired pending completion of the background check, shall terminate the manager's employment. Except as provided
in paragraph (c), if an owner otherwise knows that a manager has been convicted of a background check crime
defined in section 299C.67, subdivision 2, paragraph (a), the owner shall terminate the manager's employment.
(b) If the superintendent's response indicates that the manager has been convicted of a background check crime
defined in section 299C.67, subdivision 2, paragraph (b), the owner may not hire the manager unless more than ten
years have elapsed since the date of discharge of the sentence. If the manager was hired pending completion of the
background check, the owner shall terminate the manager's employment unless more than ten years have elapsed
since the date of discharge of the sentence. Except as provided in paragraph (c), if an owner otherwise knows that a
manager has been convicted of a background check crime defined in section 299C.67, subdivision 2, paragraph (b),
the owner shall terminate the manager's employment unless more than ten years have elapsed since the date of
discharge of the sentence.
(c) If an owner knows that a manager hired before J uly 1, 1995, was convicted of a background check crime
for an offense committed before J uly 1, 1995, the owner may continue to employ the manager. However, the owner
shall notify all tenants and prospective tenants whose dwelling units would be accessible to the manager of the
crime for which the manager has been convicted and of the right of a current tenant to terminate the tenancy under
this paragraph, if the manager was convicted of a background check crime defined in:
(1) section 299C.67, subdivision 2, paragraph (a); or
(2) section 299C.67, subdivision 2, paragraph (b), unless more than ten years have elapsed since the sentence
was discharged.
Notwithstanding a lease provision to the contrary, a current tenant who receives a notice under this paragraph may
terminate the tenancy within 60 days of receipt of the notice by giving the owner at least 14 days' advance notice of
the termination date.
(d) The owner shall notify the manager of any action taken under this subdivision.
(e) If an owner is required to terminate a manager's employment under paragraph (a) or (b), or terminates a
manager's employment in lieu of notifying tenants under paragraph (c), the owner is not liable under any law,
contract, or agreement, including liability for unemployment insurance claims, for terminating the manager's
employment in accordance with this section. Notwithstanding a lease or agreement governing termination of the
tenancy, if the manager whose employment is terminated is also a tenant, the owner may terminate the tenancy
immediately upon giving notice to the manager. An eviction action to enforce the termination of the tenancy must
be treated as a priority writ under sections 504B.321; 504B.335; 504B.345, subdivision 1; 504B.361, subdivision 2;
and 504B.365, subdivision 2.
History: 1995 c 226art 4s 16; 1999 c 199 art 2 s9; 2004c 206s 52
299C.70 PENALTY.
An owner who knowingly fails to comply with the requirements of section 299C.68 or 299C.69 is guilty of a petty
misdemeanor.
47 of 48 8/28/2011 3:00 PM

299C.71 BUREAU IMMUNITY.
The Bureau of Criminal Apprehension is immune from any civil or criminal liability that might otherwise arise under
section 299C.68, based on the accuracy or completeness of records it receives from the Federal Bureau of
Investigation, if the bureau acts in good faith.
48 of 48 8/28/2011 3:00 PM

327 - HOTELS, MOTELS, RESORTS, AND MANUFACTURED HOME... https://www.revisor.mn.gov/statutes/?id=327&view=chapter
327.67 FILING OF ORDER.
A secured party shall, in the manner provided by the Uniform Commercial Code of this state, record a
certified copy of the court order returning possession of a manufactured home to the secured party to
perfect title to the manufactured home in the secured party, except in cases of voluntary repossession.
History: 1976c 250s 7; 1981c 365s 9
HOTELS
327.70 DEFINITIONS.
Subdivision 1. Terms. For the purposes of sections 327.70 to 327.76, the terms defined in this
section have the meanings given them.
Subd. 2. Guest. "Guest" means a person who is registered at a hotel and to whom a bedroom is
assigned. The term "guest" includes members of the guest's family who accompany the guest.
Subd. 3. Hotel. "Hotel" means a hotel, motel, resort, boarding house, bed and breakfast, furnished
apartment house or other building, which is kept, used or advertised as, or held out to the public to be, a
place where sleeping or housekeeping accommodations are supplied for pay to guests for transient
occupancy.
Subd. 4. Innkeeper. "Innkeeper" means an owner or operator of a hotel.
Subd. 5. Transient occupancy. "Transient occupancy" means occupancy when it is the intention of
the parties that the occupancy will be temporary. There is a rebuttable presumption that, if the unit
occupied is the sole residence of the guest, the occupancy is not transient. There is a rebuttable
presumption that, if the unit occupied is not the sole residence of the guest, the occupancy is transient.
Subd. 6. Valuables. "Valuables" includes money, bank notes, bonds, precious stones, jewelry,
ornaments, watches, securities, transportation tickets, photographic cameras, checks, drafts, and other
negotiable instruments, business papers, documents, and other papers, and other articles of value.
History: 1982c 517s 1; 1993c 151s 1
327.71 INNKEEPER LIABILITY FOR THE PERSONAL PROPERTY OF GUESTS.
Subdivision 1. Valuables. No innkeeper who has in the establishment a fireproof, metal safe or
vault, in good order and fit for the custody of valuables, and who keeps a copy of this subdivision
clearly and conspicuously posted at or near the front desk and on the inside of the entrance door of
every bedroom, shall be liable for the loss of or injury to the valuables of a guest unless: (1) the guest
has offered to deliver the valuables to the innkeeper for custody in the safe or vault; and (2) the
innkeeper has omitted or refused to take the valuables and deposit them in the safe or vault for custody
and to give the guest a receipt for them. Except as otherwise provided in subdivision 6, the liability of
an innkeeper for the loss of or injury to the valuables of a guest shall not exceed $1,000. No innkeeper
shall be required to accept valuables for custody in the safe or vault if their value exceeds $1,000,
unless the acceptance is in writing.
Subd. 2. Property in baggage room. No innkeeper shall be liable for the loss of or damage to
baggage, parcels, packages or wearing material of a guest that has been delivered to the innkeeper for
custody elsewhere than in the room assigned to the guest, or in the hotel safe or vault, unless the
innkeeper has given the guest a check or receipt in writing evidencing the delivery. Except as otherwise
30 of 35 8/19/2011 1:55 PM

provided in subdivision 6, the liability of an innkeeper for the loss of or damage to property delivered to
the innkeeper for custody under this subdivision shall not exceed $1,000.
Subd. 3. Large items of special value. No innkeeper shall be liable for the loss of or damage to
baggage or other receptacles of a guest, containing property of special value, and not suitable to be
placed in the hotel safe or vault unless: (1) the property is delivered to the innkeeper for custody; (2)
the guest, prior to the loss or damage, has filed with the innkeeper a written inventory of the property
and its approximate value; (3) the innkeeper has been given an opportunity to inspect the property and
to check it against the inventory; and (4) the innkeeper has given the guest a check or receipt evidencing
the delivery. The liability of an innkeeper for the loss of or damage to property delivered for custody
under this subdivision shall not exceed the actual value of the receptacle and its contents or the amount
of the actual injury to the receptacle and its contents.
Subd. 4. Property in assigned room. Except as otherwise provided in subdivision 6, no innkeeper
shall be liable in an amount exceeding $1,000 for the loss of or damage to personal property of a guest
that is contained in the bedroom registered to the guest.
Subd. 5. Abandoned property. Except as otherwise provided in subdivision 6, no innkeeper shall
be liable for the loss of or damage to valuables or personal property of a guest that the guest has allowed
to remain in the hotel after the relationship of innkeeper and guest has ceased, or that the guest has
forwarded to the hotel before the relationship of innkeeper and guest has begun. If the valuables or
personal property remain at the hotel for a period of at least ten days without having been claimed by
the owner, the innkeeper has the right to deposit them in a storage warehouse, and to take a warehouse
receipt in the name of the owner. An innkeeper who deposits valuables or personal property of a guest
in a storage warehouse shall hold the warehouse receipt for the owner, and deliver it to the owner upon
demand and upon payment of the costs of storage. The innkeeper may also dispose of abandoned,
unclaimed property in the manner provided in sections 345.01 to 345.07.
Subd. 6. Fault or negligence of innkeeper. An innkeeper who, intentionally or negligently, causes
the loss of or damage to valuables or property delivered for custody as provided in subdivisions 1 and 2,
to property contained in the assigned room of a guest as provided in subdivision 4, or to abandoned
valuables or property not delivered to a storage warehouse provided in subdivision 5, shall be liable to
the guest for either the actual value of the valuables or the property, or the amount of the actual injury
to the valuables or the property.
History: 1982c 517s 2; 1986 c 444
327.72 OVERSTAYING GUESTS.
A guest who intentionally continues to occupy an assigned room in a hotel beyond the scheduled
departure date without the prior written approval of the innkeeper shall be deemed to be a trespasser.
History: 1982c 517s 3
327.73 UNDESIRABLE GUESTS; EJECTION OF, AND REFUSAL TO ADMIT.
Subdivision 1. Innkeeper's right to eject. (a) An innkeeper may remove or cause to be removed
from a hotel a guest or other person who:
(1) refuses or is unable to pay for accommodations or services;
(2) while on the premises of the hotel acts in an obviously intoxicated or disorderly manner,
destroys or threatens to destroy hotel property, or causes or threatens to cause a disturbance;
31 of 35 8/19/2011 1:55 PM

(3) the innkeeper reasonably believes is using the premises for the unlawful possession or use of
controlled substances by the person in violation of chapter 152, or using the premises for the
consumption of alcohol by a person under the age of 21 years in violation of section 340A.503;
(4) the innkeeper reasonably believes has brought property into the hotel that may be dangerous to
other persons, such as firearms or explosives;
(5) violates any federal, state, or local laws, ordinances, or rules relating to the hotel; or
(6) violates a rule of the hotel that is clearly and conspicuously posted at or near the front desk and
on the inside of the entrance door of every guest room.
(b) If the guest has paid in advance, the innkeeper shall tender to the guest any unused portion of
the advance payment at the time of removal.
Subd. 2. Refusal of admission. (a) An innkeeper may refuse to admit or refuse service or
accommodations to a person who:
(1) while on the premises of the hotel acts in an obviously intoxicated or disorderly manner,
destroys or threatens to destroy hotel property, or causes or threatens to cause a public disturbance;
(2) the innkeeper reasonably believes is seeking accommodations for the unlawful possession or use
of controlled substances in violation of chapter 152 or the use of the premises for the consumption of
intoxicating liquor by a person under the age of 21 years in violation of section 340A.503; or
(3) the innkeeper reasonably believes is bringing property into the hotel that may be dangerous to
other persons, such as firearms or explosives.
(b) An innkeeper also may refuse to admit or refuse service or accommodations to a person who
refuses or is unable to pay for the accommodations or services. An innkeeper may require the
prospective guest to demonstrate an ability to pay. An innkeeper may require a parent or guardian of a
minor to accept liability for the proper charges for the minor's accommodation, board, room, lodging,
and any damages to the guest room or its furniture or furnishings caused by the minor, and provide a
credit card to cover the charges. When the parent or guardian cannot provide a credit card, the
innkeeper may require the parent or guardian to make an advance cash deposit to cover the charges for
the guest room, plus a cash damage deposit in an amount not exceeding $100 for payment of any
additional charges by the minor or any damages to the guest room or its furniture or furnishings. The
innkeeper shall refund the damage deposit to the extent it is not used to cover any reasonable charges or
damages.
(c) An innkeeper may limit the number of persons who may occupy a particular guest room in the
hotel.
Subd. 3. Penalty. A guest or person who remains or attempts to remain in a hotel after having been
requested to leave for the reason or reasons specified in this section is guilty of a misdemeanor.
Subd. 4. Discrimination prohibited. Notwithstanding the above, the removal of or the refusal to
admit a guest or person under this section shall not be based on a discriminatory reason otherwise
deemed unlawful by section 363A.11 or 363A.19.
History: 1982c 517s 4; 1993c 151s 2,3
327.731 LIABILITY; NOTICE.
Subdivision 1. Liability. (a) A person who negligently or intentionally causes damage to the hotel
32 of 35 8/19/2011 1:55 PM

or any furniture or furnishings within the hotel, is liable for damages sustained by the innkeeper,
including the hotel's loss of revenue resulting from the inability to rent or lease rooms while the damage
is being repaired.
(b) A person who negligently or intentionally causes injury to any person or damage to any personal
property of the person on the hotel premises is liable for the injury or damage.
(c) A parent or guardian of a minor also is liable for acts of the minor described in paragraphs (a)
and (b), if the parent or guardian provides a credit card or an advance cash deposit under section
327.73, subdivision 2, paragraph (b).
Subd. 2. Notice required. An innkeeper shall keep a copy of section 327.73 and this section clearly
and conspicuously posted at or near the front desk and on the inside of the entrance door of every guest
room.
327.74 SETTING FIRE TO HOTEL BELONGINGS.
Subdivision 1. Penalty. A person in a hotel who, by smoking or attempting to light or smoke
cigarettes, cigars, pipes, or other smoking material, in any manner in which lighters or matches are used,
negligently sets fire to a part of the building, or any furniture or furnishings within the building, so as to
endanger life or property in any way or to any extent, is guilty of a gross misdemeanor.
Subd. 2. Notice required. In every sleeping room of every hotel, a notice shall be posted in a
conspicuous place, advising the occupant of the provisions of this section.
History: 1982c 517s 5; 1993c 151s 5
327.742 SMOKING IN DESIGNATED NONSMOKING ROOMS.
Subdivision 1. Smoking prohibited. No person shall smoke cigarettes, cigars, pipes, or other
smoking material in a hotel sleeping room designated nonsmoking.
Subd. 2. Penalty. A person who violates this section is guilty of a petty misdemeanor. Upon
conviction, the court may require a person who violates this section to reimburse the innkeeper for
actual costs incurred to restore the room to its previolation condition.
Subd. 2a. Civil penalty and service charge. Unless a court orders reimbursement under subdivision
2, a person who violates this section is liable to the innkeeper for the cost of restoring the damaged room
to its previolation condition and a service charge of $30. The service charge may be imposed
immediately upon the mailing of the notice required under subdivision 4, if the notice of the charge was
displayed according to subdivision 3. If the person does not reimburse the innkeeper within 30 days
after the innkeeper has mailed notice under subdivision 4, the innkeeper may seek a civil judgment for
the cost of restoring the room to previolation condition, the service charge, and a civil penalty not to
exceed $100. If the innkeeper prevails, the court shall order payment of:
(1) interest at the legal rate for judgments under section 549.09 from the date of nonpayment; and
(2) reasonable attorney fees, not to exceed $500.
A court may not impose a civil penalty under 30 days after the mailing of the notice under
subdivision 4.
Subd. 3. Notice. Innkeepers shall post signs conspicuously in all nonsmoking sleeping rooms stating
that smoking is not permitted and advising occupants of the provisions of this section including the
33 of 35 8/19/2011 1:55 PM

363A.09 UNFAIR DISCRIMINATORY PRACTICES RELATING TO REAL PROPERTY.
Subdivision 1. Real property interest; action by owner, lessee, and others. It is an unfair
discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease any real property, or any agent of any of these:
(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of
persons any real property because of race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, disability, sexual orientation, or familial status; or
(2) to discriminate against any person or group of persons because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation,
or familial status in the terms, conditions or privileges of the sale, rental or lease of any real property or
in the furnishing of facilities or services in connection therewith, except that nothing in this clause shall
be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their
use of the real property or any facilities or services furnished in connection therewith; or
(3) in any transaction involving real property, to print, circulate or post or cause to be printed,
circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental
or lease of real property, or make any record or inquiry in connection with the prospective purchase,
rental, or lease of real property which expresses, directly or indirectly, any limitation, specification, or
discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, disability, sexual orientation, or familial status, or any intent to make any such
limitation, specification, or discrimination except that nothing in this clause shall be construed to
prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the
advertisement reasonably believes that the provisions of this section prohibiting discrimination because
of familial status do not apply to the dwelling unit.
Subd. 2. Real property interest; action by brokers, agents, and others. It is an unfair
discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent thereof:
(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property to any
person or group of persons or to negotiate for the sale, rental, or lease of any real property to any person
or group of persons because of race, color, creed, religion, national origin, sex, marital status, status
with regard to public assistance, disability, sexual orientation, or familial status or represent that real
property is not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise
deny or withhold any real property or any facilities of real property to or from any person or group of
persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, disability, sexual orientation, or familial status; or
(2) to discriminate against any person because of race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, disability, sexual orientation, or familial status in
the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of
facilities or services in connection therewith; or
(3) to print, circulate, or post or cause to be printed, circulated, or posted any advertisement or
sign, or use any form of application for the purchase, rental, or lease of any real property or make any
record or inquiry in connection with the prospective purchase, rental or lease of any real property,
which expresses directly or indirectly, any limitation, specification or discrimination as to race, color,
1 of 3 8/19/2011 1:57 PM

creed, religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation, or familial status or any intent to make any such limitation, specification, or
discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a
dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that
the provisions of this section prohibiting discrimination because of familial status do not apply to the
dwelling unit.
Subd. 3. Real property interest; action by financial institution. It is an unfair discriminatory
practice for a person, bank, banking organization, mortgage company, insurance company, or other
financial institution or lender to whom application is made for financial assistance for the purchase,
lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent
or employee thereof:
(1) to discriminate against any person or group of persons because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation,
or familial status of the person or group of persons or of the prospective occupants or tenants of the real
property in the granting, withholding, extending, modifying or renewing, or in the rates, terms,
conditions, or privileges of the financial assistance or in the extension of services in connection
therewith; or
(2) to use any form of application for the financial assistance or make any record or inquiry in
connection with applications for the financial assistance which expresses, directly or indirectly, any
limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation, or familial status or any
intent to make any such limitation, specification, or discrimination; or
(3) to discriminate against any person or group of persons who desire to purchase, lease, acquire,
construct, rehabilitate, repair, or maintain real property in a specific urban or rural area or any part
thereof solely because of the social, economic, or environmental conditions of the area in the granting,
withholding, extending, modifying, or renewing, or in the rates, terms, conditions, or privileges of the
financial assistance or in the extension of services in connection therewith.
Subd. 4. Real property transaction. It is an unfair discriminatory practice for any real estate
broker or real estate salesperson, for the purpose of inducing a real property transaction from which the
person, the person's firm, or any of its members may benefit financially, to represent that a change has
occurred or will or may occur in the composition with respect to race, creed, color, national origin, sex,
marital status, status with regard to public assistance, sexual orientation, or disability of the owners or
occupants in the block, neighborhood, or area in which the real property is located, and to represent,
directly or indirectly, that this change will or may result in undesirable consequences in the block,
neighborhood, or area in which the real property is located, including but not limited to the lowering of
property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or
other public facilities.
Subd. 5. Real property full and equal access. It is an unfair discriminatory practice for a person to
deny full and equal access to real property provided for in sections 363A.08 to 363A.19, and 363A.28,
subdivision 10, to a person who is totally or partially blind, deaf, or has a physical or sensory disability
and who uses a service animal, if the service animal can be properly identified as being from a
recognized program which trains service animals to aid persons who are totally or partially blind or deaf
or have physical or sensory disabilities. The person may not be required to pay extra compensation for
the service animal but is liable for damage done to the premises by the service animal.
2 of 3 8/19/2011 1:57 PM

Subd. 6. Real property interest; interference with. It is an unfair discriminatory practice for a
person to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment of, or on
account of that person having exercised or enjoyed, or on account of that person having aided or
encouraged a third person in the exercise or enjoyment of, any right granted or protected by this section.
History: 1955c 516s 5; 1961c 428s 5; 1965c 585s 2; 1965c 586s 1; 1967c 897s 12-16; 1969
c 9 s 80; 1969c 975s 3-5; 1973c 296s 1; 1973c 729s 3,16; 1974c 354s 1; 1975c 206s 2-5; 1977 c
351 s 5-7; 1977c 408s 3; 1980c 531s 4; 1980c 540s 1,2; 1981 c 330 s 1; 1982 c 517 s 8; 1983 c 216
art 1s 59; 1983 c 276 s 7-10; 1984 c 533s 2,3; 1985c 248s 70; 1986 c 444; 1987c 23 s 3; 1987 c 129
s 3; 1987 c 141 s 2; 1987 c 245 s 1; 1988 c 660 s 4; 1989 c 280 s 9-14,21; 1990c 567s 3-6; 1992 c 527
s 12-16; 1993 c 22s 8-15; 1993c 277s 5-7; 1994c 630art 12 s 1; 1995 c 212 art 2s 10; 1997 c 171 s
1; 2001 c 186s 1; 2001 c 194 s 2
NOTE: Any statutory exemptions to this section are covered under sections 363A.21, 363A.22, and
363A.26.
3 of 3 8/19/2011 1:57 PM

363A.21 EXEMPTION BASED ON REAL PROPERTY.
Subdivision 1. Housing. The provisions of section 363A.09 shall not apply to:
(1) rooms in a temporary or permanent residence home run by a nonprofit organization, if the
discrimination is by sex;
(2) the rental by a resident owner or occupier of a one-family accommodation of a room or rooms
in the accommodation to another person or persons if the discrimination is by sex, marital status, status
with regard to public assistance, sexual orientation, or disability. Except as provided elsewhere in this
chapter or other state or federal law, no person or group of persons selling, renting, or leasing property
is required to modify the property in any way, or exercise a higher degree of care for a person having a
disability than for a person who does not have a disability; nor shall this chapter be construed to relieve
any person or persons of any obligations generally imposed on all persons regardless of any disability in
a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the
inability to fulfill the terms and conditions, including financial obligations of the lease, agreement, or
contract; or
(3) the rental by a resident owner of a unit in a dwelling containing not more than two units, if the
discrimination is on the basis of sexual orientation.
Subd. 2. Familial status. (a) The provisions of section 363A.09 prohibiting discrimination because
of familial status shall not be construed to defeat the applicability of any local, state, or federal
restrictions regarding the maximum number of occupants permitted to occupy a dwelling unit and shall
not apply to any owner-occupied building containing four or fewer dwelling units or housing for elderly
persons.
(b) "Housing for elderly persons" means housing:
(1) provided under any state or federal program that the commissioner determines is specifically
designed and operated to assist elderly persons, as defined in the state or federal program;
(2) intended for, and solely occupied by, persons 62 years of age or older; or
(3) intended and operated for occupancy by at least one person 55 years of age or older per unit,
provided that at least 80 percent of the units are occupied by at least one person 55 years of age or older
per unit, and there is publication of, and adherence to, policies and procedures that demonstrate an
intent by the owner or manager to provide housing for persons 55 years of age or older.
(c) Housing does not fail to meet the requirements for housing for elderly persons by reason of
persons residing in the housing as of August 1, 1989, who do not meet the age requirements of paragraph
(b), clauses (2) and (3), if new occupants of the housing meet the age requirements of paragraph (b),
clause (2) or (3). In addition, housing does not fail to meet the requirements by reason of unoccupied
units if unoccupied units are reserved for occupancy by persons who meet the age requirements of
paragraph (b), clause (2) or (3).
Subd. 3. Age. Notwithstanding the provisions of any law, ordinance, or home rule charter to the
contrary, no person shall be deemed to have committed an unfair discriminatory practice based upon age
if the unfair discriminatory practice alleged is attempted or accomplished for the purpose of obtaining or
maintaining one of the exemptions provided for a dwelling unit provided for in this section.
1 of 2 8/19/2011 1:58 PM

504B.001 DEFINITIONS.
Subdivision 1. Applicability. For the purposes of this chapter, the terms defined in this section
have the meanings given them.
Subd. 2. Controlled substance. "Controlled substance" means a drug, substance, or immediate
precursor in Schedules I through V of section 152.02. The term does not include distilled spirits, wine,
malt beverages, intoxicating liquors, or tobacco.
Subd. 3. Distress for rent. "Distress for rent" means the act of a landlord seizing personal property
of the tenant or other person to enforce payment of rent.
Subd. 4. Evict or eviction. "Evict" or "eviction" means a summary court proceeding to remove a
tenant or occupant from or otherwise recover possession of real property by the process of law set out in
this chapter.
Subd. 5. Housing-related neighborhood organization. "Housing-related neighborhood
organization" means a nonprofit corporation incorporated under chapter 317A that:
(1) designates in its articles of incorporation or bylaws a specific geographic community to which
its activities are limited; and
(2) is formed for the purposes of promoting community safety, crime prevention, and housing
quality in a nondiscriminatory manner.
For purposes of this chapter, an action taken by a neighborhood organization with the written
permission of a residential tenant means, with respect to a building with multiple dwelling units, an
action taken by the neighborhood organization with the written permission of the residential tenants of a
majority of the occupied units.
Subd. 6. Inspector. "Inspector" means the person charged by the governing body of the political
subdivision in which a residential building is situated, with the responsibility of enforcing provisions of
local law, the breach of which could constitute a violation as defined in subdivision 14, clause (1). If
there is no such person, "inspector" means the county agent of a board of health as authorized under
section 145A.04 or the chair of the board of county commissioners, and in the case of a manufactured
home park, the state Department of Health or its designee.
Subd. 7. Landlord. "Landlord" means an owner of real property, a contract for deed vendee,
receiver, executor, trustee, lessee, agent, or other person directly or indirectly in control of rental
property.
Subd. 8. Lease. "Lease" means an oral or written agreement creating a tenancy in real property.
Subd. 9. License. "License" means a personal privilege to do a particular act or series of acts on
real property without possessing any estate or interest in real property. It may be created in writing or
orally.
Subd. 10. Person. "Person" means a natural person, corporation, limited liability company,
partnership, joint enterprise, or unincorporated association.
Subd. 11. Residential building. "Residential building" means:
(1) a building used in whole or in part as a dwelling, including single-family homes, multiple-family
units such as apartments, and structures containing both dwelling units and units used for nondwelling
purposes, and includes a manufactured home park; or
1 of 2 8/19/2011 1:59 PM

(2) an unoccupied building which was previously used in whole or in part as a dwelling and which
constitutes a nuisance under section 561.01.
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.
Subd. 13. Tenancy at will. "Tenancy at will" means a tenancy in which the tenant holds possession
by permission of the landlord but without a fixed ending date.
Subd. 14. Violation. "Violation" means:
(1) a violation of any state, county or city health, safety, housing, building, fire prevention, or
housing maintenance code applicable to the building;
(2) a violation of any of the covenants set forth in section 504B.161, subdivision 1, clause (1) or
(2), or in section 504B.171, subdivision 1; or
(3) a violation of an oral or written agreement, lease, or contract for the rental of a dwelling in a
building.
Subd. 15. Writ of recovery of premises and order to vacate. "Writ of recovery of premises and
order to vacate" means the writ set out in section 504B.361.
History: 1999c 199art 1 s 1
2 of 2 8/19/2011 1:59 PM

504B - LANDLORD AND TENANT, 2010 Minnesota Statutes https://www.revisor.mn.gov/statutes/?id=504B&view=chapter
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.
Subd. 13. Tenancy at will. "Tenancy at will" means a tenancy in which the tenant holds possession
by permission of the landlord but without a fixed ending date.
Subd. 14. Violation. "Violation" means:
(1) a violation of any state, county or city health, safety, housing, building, fire prevention, or
housing maintenance code applicable to the building;
(2) a violation of any of the covenants set forth in section 504B.161, subdivision 1, clause (1) or
(2), or in section 504B.171, subdivision 1; or
(3) a violation of an oral or written agreement, lease, or contract for the rental of a dwelling in a
building.
Subd. 15. Writ of recovery of premises and order to vacate. "Writ of recovery of premises and
order to vacate" means the writ set out in section 504B.361.
LEASING AND RENT
504B.101 DISTRESS FOR RENT.
The remedy of distress for rent is abolished.
504B.111 WRITTEN LEASE REQUIRED; PENALTY.
A landlord of a residential building with 12 or more residential units must have a written lease for each
unit rented to a residential tenant. Notwithstanding any other state law or city ordinance to the contrary,
a landlord may ask for the tenant's full name and date of birth on the lease and application. A landlord
who fails to provide a lease, as required under this section, is guilty of a petty misdemeanor.
504B.115 TENANT TO BE GIVEN COPY OF LEASE.
Subdivision 1. Copy of written lease to tenant. Where there is a written lease, a landlord must give
a copy to a tenant occupying a dwelling unit whose signature appears on the lease agreement. The
landlord may obtain a signed and dated receipt, either as a separate document or an acknowledgment
included in the lease agreement itself, from the tenant acknowledging that the tenant has received a
copy of the lease. This signed receipt or acknowledgment is prima facie evidence that the tenant has
received a copy of the lease.
Subd. 2. Legal action to enforce lease. In any legal action to enforce a written lease, except for
nonpayment of rent, disturbing the peace, malicious destruction of property, or a violation of section
504B.171, it is a defense for the tenant to prove that the landlord failed to comply with subdivision 1.
This defense may be overcome if the landlord proves that the tenant had actual knowledge of the term
5 of 51 8/19/2011 2:03 PM

504B.155 TENANT MUST GIVE COLD WEATHER NOTICE BEFORE VACATION OF BUILDING.
Except upon the termination of the tenancy, a tenant who, between November 15 and April 15, removes
from, abandons, or vacates a building or any part thereof that contains plumbing, water, steam, or other
pipes liable to injury from freezing, without first giving to the landlord three days' notice of intention so
to remove is guilty of a misdemeanor.
1 of 1 8/19/2011 2:05 PM

implementing that measure, including interest, amortized over the ten-year period following the
incurring of the cost; and
(4) to maintain the premises in compliance with the applicable health and safety laws of the state,
and of the local units of government where the premises are located during the term of the lease or
license, except when violation of the health and safety laws has been caused by the willful, malicious, or
irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or
licensee.
(b) The parties to a lease or license of residential premises may not waive or modify the covenants
imposed by this section.
Subd. 2. Tenant maintenance. The landlord or licensor may agree with the tenant or licensee that
the tenant or licensee is to perform specified repairs or maintenance, but only if the agreement is
supported by adequate consideration and set forth in a conspicuous writing. No such agreement,
however, may waive the provisions of subdivision 1 or relieve the landlord or licensor of the duty to
maintain common areas of the premises.
Subd. 3. Liberal construction. This section shall be liberally construed, and the opportunity to
inspect the premises before concluding a lease or license shall not defeat the covenants established in
this section.
Subd. 4. Covenants are in addition. The covenants contained in this section are in addition to any
covenants or conditions imposed by law or ordinance or by the terms of the lease or license.
Subd. 5. Injury to third parties. Nothing in this section shall be construed to alter the liability of
the landlord or licensor of residential premises for injury to third parties.
Subd. 6. Application. The provisions of this section apply only to leases or licenses of residential
premises concluded or renewed on or after J une 15, 1971. For the purposes of this section, estates at
will shall be deemed to be renewed at the commencement of each rental period.
History: 1999c 199art 1 s 13; 2000c 260s 70; 2007 c 136 art 3 s 5
504B.165 UNLAWFUL DESTRUCTION; DAMAGES.
(a) An action may be brought for willful and malicious destruction of leased residential rental property.
The prevailing party may recover actual damages, costs, and reasonable attorney fees, as well as other
equitable relief as determined by the court.
(b) The remedies provided in this section are in addition to and shall not limit other rights or
remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other
agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and
void.
504B.171 COVENANT OF LANDLORD AND TENANT NOT TO ALLOW UNLAWFUL
ACTIVITIES.
Subdivision 1. Terms of covenant. In every lease or license of residential premises, whether in
writing or parol, the landlord or licensor and the tenant or licensee covenant that:
(1) neither will:
(i) unlawfully allow controlled substances in those premises or in the common area and curtilage of
9 of 51 8/19/2011 2:08 PM

the premises;
(ii) allow prostitution or prostitution-related activity as defined in section 617.80, subdivision 4, to
occur on the premises or in the common area and curtilage of the premises;
(iii) allow the unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a,
609.67, or 624.713, on the premises or in the common area and curtilage of the premises; or
(iv) allow stolen property or property obtained by robbery in those premises or in the common area
and curtilage of the premises; and
(2) the common area and curtilage of the premises will not be used by either the landlord or licensor
or the tenant or licensee or others acting under the control of either to manufacture, sell, give away,
barter, deliver, exchange, distribute, purchase, or possess a controlled substance in violation of any
criminal provision of chapter 152. The covenant is not violated when a person other than the landlord or
licensor or the tenant or licensee possesses or allows controlled substances in the premises, common
area, or curtilage, unless the landlord or licensor or the tenant or licensee knew or had reason to know of
that activity.
Subd. 2. Breach voids right to possession. A breach of the covenant created by subdivision 1 voids
the tenant's or licensee's right to possession of the residential premises. All other provisions of the lease
or license, including but not limited to the obligation to pay rent, remain in effect until the lease is
terminated by the terms of the lease or operation of law. If the tenant or licensee breaches the covenant
created by subdivision 1, the landlord may bring, or assign to the county or city attorney of the county
or city in which the residential premises are located, the right to bring an eviction action against the
tenant or licensee. The assignment must be in writing on a form provided by the county or city attorney,
and the county or city attorney may determine whether to accept the assignment. If the county or city
attorney accepts the assignment of the landlord's right to bring an eviction action:
(1) any court filing fee that would otherwise be required in an eviction action is waived; and
(2) the landlord retains all the rights and duties, including removal of the tenant's or licensee's
personal property, following issuance of the writ of recovery of premises and order to vacate and
delivery of the writ to the sheriff for execution.
Subd. 3. Waiver not allowed. The parties to a lease or license of residential premises may not
waive or modify the covenant imposed by this section.
History: 1999c 199art 1 s 15; 2003c 52s 1
504B.172 RECOVERY OF ATTORNEY FEES.
If a residential lease specifies an action, circumstances, or an extent to which a landlord, directly, or
through additional rent, may recover attorney fees in an action between the landlord and tenant, the
tenant is entitled to attorney fees if the tenant prevails in the same type of action, under the same
circumstances, and to the same extent as specified in the lease for the landlord.
NOTE: This section, as added by Laws 2010, chapter 315, section 3, is effective for leases entered
into on or after August 1, 2011, and for leases renewed on or after August 1, 2012. Laws 2010, chapter
315, section 3, the effective date.
504B.173 APPLICANT SCREENING FEE.
10 of 51 8/19/2011 2:08 PM

504B.205 RESIDENTIAL TENANT'S RIGHT TO SEEK POLICE AND EMERGENCY ASSISTANCE.
Subdivision 1. Definitions. In this section, "domestic abuse" has the meaning given in section
518B.01, subdivision 2.
Subd. 2. Emergency calls permitted. (a) A landlord may not:
(1) bar or limit a residential tenant's right to call for police or emergency assistance in response to
domestic abuse or any other conduct; or
(2) impose a penalty on a residential tenant for calling for police or emergency assistance in
response to domestic abuse or any other conduct.
(b) A residential tenant may not waive and a landlord may not require the residential tenant to
waive the residential tenant's right to call for police or emergency assistance.
Subd. 3. Local preemption. This section preempts any inconsistent local ordinance or rule
including, without limitation, any ordinance or rule that:
(1) requires an eviction after a specified number of calls by a residential tenant for police or
emergency assistance in response to domestic abuse or any other conduct; or
(2) provides that calls by a residential tenant for police or emergency assistance in response to
domestic abuse or any other conduct may be used to penalize or charge a fee to a landlord.
This subdivision shall not otherwise preempt any local ordinance or rule that penalizes a landlord
for, or requires a landlord to abate, conduct on the premises that constitutes a nuisance or other
disorderly conduct as defined by local ordinance or rule.
Subd. 4. Residential tenant responsibility. This section shall not be construed to condone or permit
any breach of a lease or of law by a residential tenant including, but not limited to, disturbing the peace
and quiet of other tenants, damage to property, and disorderly conduct.
Subd. 5. Residential tenant remedies. A residential tenant may bring a civil action for a violation
of this section and recover from the landlord $250 or actual damages, whichever is greater, and
reasonable attorney's fees.
Subd. 6. Attorney general authority. The attorney general has authority under section 8.31 to
investigate and prosecute violations of this section.
1 of 1 8/19/2011 2:10 PM

504B.211 RESIDENTIAL TENANT'S RIGHT TO PRIVACY.
Subdivision 1. Definitions. For purposes of this section, "landlord" has the meaning defined in
section 504B.001, subdivision 7, and also includes the landlord's agent or other person acting under the
landlord's direction and control.
Subd. 2. Entry by landlord. Except as provided in subdivision 5, a landlord may enter the premises
rented by a residential tenant only for a reasonable business purpose and after making a good faith effort
to give the residential tenant reasonable notice under the circumstances of the intent to enter. A
residential tenant may not waive and the landlord may not require the residential tenant to waive the
residential tenant's right to prior notice of entry under this section as a condition of entering into or
maintaining the lease.
Subd. 3. Reasonable purpose. For purposes of subdivision 2, a reasonable business purpose
includes, but is not limited to:
(1) showing the unit to prospective residential tenants during the notice period before the lease
terminates or after the current residential tenant has given notice to move to the landlord or the
landlord's agent;
(2) showing the unit to a prospective buyer or to an insurance representative;
(3) performing maintenance work;
(4) allowing inspections by state, county, or city officials charged in the enforcement of health,
housing, building, fire prevention, or housing maintenance codes;
(5) the residential tenant is causing a disturbance within the unit;
(6) the landlord has a reasonable belief that the residential tenant is violating the lease within the
residential tenant's unit;
(7) prearranged housekeeping work in senior housing where 80 percent or more of the residential
tenants are age 55 or older;
(8) the landlord has a reasonable belief that the unit is being occupied by an individual without a
legal right to occupy it; or
(9) the residential tenant has vacated the unit.
Subd. 4. Exception to notice requirement. Notwithstanding subdivision 2, a landlord may enter the
premises rented by a residential tenant to inspect or take appropriate action without prior notice to the
residential tenant if the landlord reasonably suspects that:
(1) immediate entry is necessary to prevent injury to persons or property because of conditions
relating to maintenance, building security, or law enforcement;
(2) immediate entry is necessary to determine a residential tenant's safety; or
(3) immediate entry is necessary in order to comply with local ordinances regarding unlawful
activity occurring within the residential tenant's premises.
Subd. 5. Entry without residential tenant's presence. If the landlord enters when the residential
tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing
a written disclosure of the entry in a conspicuous place in the premises.
1 of 2 8/19/2011 2:11 PM

Subd. 6. Penalty. If a landlord substantially violates subdivision 2, the residential tenant is entitled
to a penalty which may include a rent reduction up to full rescission of the lease, recovery of any
damage deposit less any amount retained under section 504B.178, and up to a $100 civil penalty for
each violation. If a landlord violates subdivision 5, the residential tenant is entitled to up to a $100 civil
penalty for each violation. A residential tenant shall follow the procedures in sections 504B.381,
504B.385, and 504B.395 to 504B.471 to enforce the provisions of this section.
Subd. 7. Exemption. This section does not apply to residential tenants and landlords of
manufactured home parks as defined in section 327C.01.
2 of 2 8/19/2011 2:11 PM

504B.225 INTENTIONAL OUSTER AND INTERRUPTION OF UTILITIES; MISDEMEANOR.
A landlord, an agent, or person acting under the landlord's direction or control who unlawfully and
intentionally removes or excludes a tenant from lands or tenements or intentionally interrupts or causes
the interruption of electrical, heat, gas, or water services to the tenant with intent to unlawfully remove
or exclude the tenant from lands or tenements is guilty of a misdemeanor. In any trial under this section,
it shall be presumed that the landlord, agent, or other person acting under the landlord's direction or
control interrupted or caused the interruption of the service with intent to unlawfully remove or exclude
the tenant from lands or tenements, if it is established by evidence that the landlord, an agent, or other
person acting under the landlord's direction or control intentionally interrupted or caused the
interruption of the service to the tenant. The burden is upon the landlord to rebut the presumption.
The remedies provided in this section are in addition to and shall not limit other rights or remedies
available to landlords and tenants. Any provision, whether oral or written, of any lease or other
agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and
void. The provisions of this section also apply to occupants and owners of residential real property
which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the
period for redemption or reinstatement of the contract has expired.
1 of 1 8/19/2011 2:12 PM

504B.271 TENANT'S PERSONAL PROPERTY REMAINING IN PREMISES.
Subdivision 1. Abandoned property. (a) If a tenant abandons rented premises, the landlord may
take possession of the tenant's personal property remaining on the premises, and shall store and care for
the property. The landlord has a claim against the tenant for reasonable costs and expenses incurred in
removing the tenant's property and in storing and caring for the property.
(b) The landlord may sell or otherwise dispose of the property 28 days after the landlord receives
actual notice of the abandonment, or 28 days after it reasonably appears to the landlord that the tenant
has abandoned the premises, whichever occurs last.
(c) The landlord may apply a reasonable amount of the proceeds of a sale to the removal, care, and
storage costs and expenses or to any claims authorized pursuant to section 504B.178, subdivision 3,
paragraphs (a) and (b). Any remaining proceeds of any sale shall be paid to the tenant upon written
demand.
(d) Prior to a sale, the landlord shall make reasonable efforts to notify the tenant of the sale at least
14 days prior to the sale, by personal service in writing or sending written notification of the sale by first
class and certified mail to the tenant's last known address or usual place of abode, if known by the
landlord, and by posting notice of the sale in a conspicuous place on the premises at least two weeks
prior to the sale. If notification by mail is used, the 14-day period shall be deemed to start on the day the
notices are deposited in the United States mail.
Subd. 2. Landlord's punitive damages. If a landlord, an agent, or other person acting under the
landlord's direction or control, in possession of a tenant's personal property, fails to allow the tenant to
retake possession of the property within 24 hours after written demand by the tenant or the tenant's duly
authorized representative or within 48 hours, exclusive of weekends and holidays, after written demand
by the tenant or a duly authorized representative when the landlord, the landlord's agent or person acting
under the landlord's direction or control has removed and stored the personal property in accordance
with subdivision 1 in a location other than the premises, the tenant shall recover from the landlord
punitive damages in an amount not to exceed twice the actual damages or $1,000, whichever is greater,
in addition to actual damages and reasonable attorney's fees.
In determining the amount of punitive damages the court shall consider (1) the nature and value of
the property; (2) the effect the deprivation of the property has had on the tenant; (3) if the landlord, an
agent, or other person acting under the landlord's direction or control unlawfully took possession of the
tenant's property; and (4) if the landlord, an agent, or other person under the landlord's direction or
control acted in bad faith in failing to allow the tenant to retake possession of the property.
The provisions of this subdivision do not apply to personal property which has been sold or
otherwise disposed of by the landlord in accordance with subdivision 1, or to landlords who are housing
authorities, created, or authorized to be created by sections 469.001 to 469.047, and their agents and
employees, in possession of a tenant's personal property, except that housing authorities must allow the
tenant to retake possession of the property in accordance with this subdivision.
Subd. 3. Storage. If the landlord, an agent, or other person acting under the landlord's direction or
control has unlawfully taken possession of a tenant's personal property the landlord shall be responsible
for paying the cost and expenses relating to the removal, storage, or care of the property.
Subd. 4. Remedies additional. The remedies provided in this section are in addition to and shall not
1 of 2 8/19/2011 2:12 PM

limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary
to public policy and void. The provisions of this section also apply to occupants and owners of
residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation
and as to which the period for redemption or reinstatement of the contract has expired.
History: 1999c 199art 1 s 35; 2010c 315s 8,9
2 of 2 8/19/2011 2:12 PM

504B.361 FORMS OF SUMMONS AND WRIT.
Subdivision 1. Summons and writ. The state court administrator shall develop a uniform form for
the summons and writ of recovery of premises and order to vacate.
Subd. 2. Priority writ. The court shall identify a writ of recovery of premises and order to vacate
property that is issued pursuant to an eviction action under section 504B.171, or on the basis that the
tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the
landlord's property and clearly note on the order to vacate that it is a priority order. Notice that it is a
priority order must be made in a manner that is obvious to an officer who must execute the order under
section 504B.365.
History: 1999c 199art 1 s 52; 2005c 10art 2 s 4; 2007 c 54art 5s 12
1 of 1 8/19/2011 2:13 PM

504B.365 EXECUTION OF THE WRIT OF RECOVERY OF PREMISES AND ORDER TO
VACATE.
Subdivision 1. General. (a) The officer who holds the order to vacate shall execute it by
demanding that the defendant, if found in the county, any adult member of the defendant's family who is
occupying the premises, or any other person in charge, relinquish possession and leave, taking family
and all personal property from the premises within 24 hours.
(b) If the defendant fails to comply with the demand, then the officer shall bring, if necessary, the
force of the county and any necessary assistance, at the cost of the plaintiff. The officer shall remove
the defendant, family, and all personal property from the premises and place the plaintiff in possession.
(c) If the defendant cannot be found in the county, and there is no person in charge of the premises,
then the officer shall enter the premises, breaking in if necessary, and remove and store the personal
property of the defendant at a place designated by the plaintiff as provided in subdivision 3.
(d) The order may also be executed by a licensed police officer or community crime prevention
licensed police officer.
Subd. 2. Priority; execution of priority order. An officer shall give priority to the execution,
under this section, of any order to vacate that is based on an eviction action under section 504B.171, or
on the basis that the defendant is causing a nuisance or seriously endangers the safety of other residents,
their property, or the plaintiff's property.
Subd. 3. Removal and storage of property. (a) If the defendant's personal property is to be stored
in a place other than the premises, the officer shall remove all personal property of the defendant at the
expense of the plaintiff.
(b) The defendant must make immediate payment for all expenses of removing personal property
from the premises. If the defendant fails or refuses to do so, the plaintiff has a lien on all the personal
property for the reasonable costs and expenses incurred in removing, caring for, storing, and
transporting it to a suitable storage place.
(c) The plaintiff may enforce the lien by detaining the personal property until paid. If no payment
has been made for 60 days after the execution of the order to vacate, the plaintiff may hold a public sale
as provided in sections 514.18 to 514.22.
(d) If the defendant's personal property is to be stored on the premises, the officer shall enter the
premises, breaking in if necessary, and the plaintiff may remove the defendant's personal property.
Section 504B.271 applies to personal property removed under this paragraph. The plaintiff must prepare
an inventory and mail a copy of the inventory to the defendant's last known address or, if the defendant
has provided a different address, to the address provided. The inventory must be prepared, signed, and
dated in the presence of the officer and must include the following:
(1) a list of the items of personal property and a description of their condition;
(2) the date, the signature of the plaintiff or the plaintiff's agent, and the name and telephone
number of a person authorized to release the personal property; and
(3) the name and badge number of the officer.
(e) The officer must retain a copy of the inventory.
1 of 2 9/3/2011 11:08 AM

(f) The plaintiff is responsible for the proper removal, storage, and care of the defendant's personal
property and is liable for damages for loss of or injury to it caused by the plaintiff's failure to exercise
the same care that a reasonably careful person would exercise under similar circumstances.
(g) The plaintiff shall notify the defendant of the date and approximate time the officer is scheduled
to remove the defendant, family, and personal property from the premises. The notice must be sent by
first class mail. In addition, the plaintiff must make a good faith effort to notify the defendant by
telephone. The notice must be mailed as soon as the information regarding the date and approximate
time the officer is scheduled to enforce the order is known to the plaintiff, except that the scheduling of
the officer to enforce the order need not be delayed because of the notice requirement. The notice must
inform the defendant that the defendant and the defendant's personal property will be removed from the
premises if the defendant has not vacated the premises by the time specified in the notice.
Subd. 4. Motions concerning removal or storage of personal property. The court hearing the
eviction action shall retain jurisdiction in matters relating to removal of personal property under this
section. If the plaintiff refuses to return the property after proper demand is made as provided in section
504B.271, the court shall enter an order requiring the plaintiff to return the property to the defendant
and awarding reasonable expenses including attorney fees to the defendant.
Subd. 5. Penalty; waiver not allowed. Unless the premises has been abandoned, a plaintiff, an
agent, or other person acting under the plaintiff's direction or control who enters the premises and
removes the defendant's personal property in violation of this section is guilty of an unlawful ouster
under section 504B.231 and is subject to penalty under section 504B.225. This section may not be
waived or modified by lease or other agreement.
History: 1999c 199art 1 s 53; 2001c 7s 81; 2010 c 315 s 15
2 of 2 9/3/2011 11:08 AM

504B.375 UNLAWFUL EXCLUSION OR REMOVAL; ACTION FOR RECOVERY OF
POSSESSION.
Subdivision 1. Unlawful exclusion or removal. (a) This section applies to actual or constructive
removal or exclusion of a residential tenant which may include the termination of utilities or the removal
of doors, windows, or locks. A residential tenant to whom this section applies may recover possession of
the premises as described in paragraphs (b) to (e).
(b) The residential tenant shall present a verified petition to the district court of the judicial district
of the county in which the premises are located that:
(1) describes the premises and the landlord;
(2) specifically states the facts and grounds that demonstrate that the exclusion or removal was
unlawful, including a statement that no writ of recovery of the premises and order to vacate has been
issued under section 504B.345 in favor of the landlord and against the residential tenant and executed in
accordance with section 504B.365; and
(3) asks for possession.
(c) If it clearly appears from the specific grounds and facts stated in the verified petition or by
separate affidavit of the residential tenant or the residential tenant's attorney or agent that the exclusion
or removal was unlawful, the court shall immediately order that the residential tenant have possession of
the premises.
(d) The residential tenant shall furnish security, if any, that the court finds is appropriate under the
circumstances for payment of all costs and damages the landlord may sustain if the order is subsequently
found to have been obtained wrongfully. In determining the appropriateness of security, the court shall
consider the residential tenant's ability to afford monetary security.
(e) The court shall direct the order to the sheriff of the county in which the premises are located
and the sheriff shall execute the order immediately by making a demand for possession on the landlord,
if found, or the landlord's agent or other person in charge of the premises. If the landlord fails to comply
with the demand, the officer shall take whatever assistance may be necessary and immediately place the
residential tenant in possession of the premises. If the landlord, the landlord's agent, or other person in
control of the premises cannot be found and if there is no person in charge, the officer shall immediately
enter into and place the residential tenant in possession of the premises. The officer shall also serve the
order and verified petition or affidavit immediately upon the landlord or agent, in the same manner as a
summons is required to be served in a civil action in district court.
Subd. 2. Motion for dissolution or modification of order. The landlord may, by written motion and
notice served by mail or personally on the residential tenant or the residential tenant's attorney at least
two days before the hearing date on the motion, obtain dissolution or modification of the order for
possession issued under subdivision 1, paragraph (c), unless the residential tenant proves the facts and
grounds on which the order is issued. A landlord bringing a motion under this subdivision may recover
possession of the premises only by an eviction action or otherwise provided by law. Upon the dissolution
of the order, the court shall assess costs against the residential tenant, subject to the provisions of
section 563.01, and may allow damages and reasonable attorney fees for the wrongful granting of the
order for possession. If the order is affirmed, the court shall tax costs against the landlord and may allow
1 of 2 9/3/2011 11:09 AM

the residential tenant reasonable attorney's fees.
Subd. 3. Finality of order. An order issued under subdivision 1, paragraph (c), or affirmed,
modified, or dissolved under subdivision 2, is a final order for purposes of appeal. Either party may
appeal the order within ten days after entry. If the party appealing remains in possession of the
premises, bond must be given to:
(1) pay all costs of the appeal;
(2) obey the court's order; and
(3) pay all rent and other damages that justly accrue to the party excluded from possession during
the pendency of the appeal.
Subd. 4. Waiver not allowed. A provision of an oral or written lease or other agreement in which a
residential tenant waives this section is contrary to public policy and void.
Subd. 5. Purpose. The purpose of this section is to provide an additional and summary remedy for
residential tenants unlawfully excluded or removed from rental property and, except where expressly
provided in this section, sections 504B.285 to 504B.371 do not apply to proceedings under this section.
Subd. 6. Application. In addition to residential tenants and landlords, this section applies to:
(1) occupants and owners of residential real property that is the subject of a mortgage foreclosure
or contract for deed cancellation for which the period for redemption or reinstatement of the contract
has expired; and
(2) mortgagees and contract for deed vendors.
History: 1999c 199art 1 s 55; 2005c 10art 2 s 4
2 of 2 9/3/2011 11:09 AM

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.
1 of 1 8/19/2011 2:17 PM

513.01 NO ACTION ON AGREEMENT.
No action shall be maintained, in either of the following cases, upon any agreement, unless such
agreement, or some note or memorandum thereof, expressing the consideration, is in writing, and
subscribed by the party charged therewith:
(1) every agreement that by its terms is not to be performed within one year from the making
thereof;
(2) every special promise to answer for the debt, default or doings of another;
(3) every agreement, promise, or undertaking made upon consideration of marriage, except mutual
promises to marry;
(4) every agreement, promise or undertaking to pay a debt which has been discharged by
bankruptcy or insolvency proceedings.
History: (8456) RL s 3483
1 of 1 8/19/2011 2:18 PM

514 - LIENS; LABOR, MATERIAL, 2010 Minnesota Statutes https://www.revisor.mn.gov/statutes/?id=514&view=chapter
contractor with either, shall have a lien for the value thereof upon the interest of such owner or lessee,
as the case may be, in the mine and its appurtenances, which lien may be asserted and enforced as in
this chapter prescribed in respect to other liens upon real estate.
History: (8506) RL s 3520
PERSONALTY IN POSSESSION
514.18 RETAINING.
Subdivision 1. Mechanics' lien on personal property. Whoever, at the request of the owner or
legal possessor of any personal property, shall store or care for or contribute in any of the modes
mentioned in section 514.19 to its preservation, care, or to the enhancement of its value, shall have a
lien upon such property for the price or value of such storage, care, or contribution, and for any legal
charges against the same paid by such person to any other person, and the right to retain possession of
the property until such lien is lawfully discharged.
Subd. 1a. Towed motor vehicles. A person who tows and stores a motor vehicle at the request of a
law enforcement officer shall have a lien on the motor vehicle for the value of the storage and towing
and the right to retain possession of the motor vehicle until the lien is lawfully discharged. This section
does not apply to tows of vehicles parked in violation of snow emergency regulations.
Subd. 2. Nonpossessory lien; notice. Notwithstanding the voluntary surrender or other loss of
possession of the property on which the lien is claimed, the person entitled thereto may preserve the lien
upon giving notice of the lien at any time within 60 days after the surrender or loss of possession, by
filing in the appropriate filing office under the Uniform Commercial Code, Minnesota Statutes, section
336.9-501 a verified statement and notice of intention to claim a lien. The statement shall contain a
description of the property upon which the lien is claimed, the work performed or materials furnished
and the amount due.
Subd. 3. Priority; security; interest; foreclosure. The lien shall be valid against everyone except a
purchaser or encumbrancer in good faith without notice and for value whose rights were acquired prior
to the filing of the lien statement and who has filed a statement of interest in the appropriate filing
office. The lien shall be considered a security interest under the Uniform Commercial Code and
foreclosure thereon shall be in the manner prescribed for security interests under article 9 of the
Uniform Commercial Code.
Subd. 4. Motor vehicles excluded. Subdivisions 2 and 3 shall apply to machinery, implements and
tools of all kinds but shall not apply to motor vehicles.
History: (8507) RL s 3521; 1905 c 328 s 1; 1907 c 114 s 1; 1984 c 479 s 1; 1986 c 444; 1989 c
256 s 2; 2001 c 195art 2 s 22; 2010c 351s 63
514.19 RIGHT OF DETAINER.
A lien and right of detainer exists for:
(1) transporting property, other than harvested crops or livestock, from one place to another but not
as a carrier under article 7 of the Uniform Commercial Code;
(2) keeping or storing property, other than harvested crops or livestock, as a bailee but not as a
warehouse operator under article 7 of the Uniform Commercial Code;
16 of 53 8/19/2011 2:19 PM

(3) the use and storage of molds and patterns in the possession of the fabricator belonging to the
customer for the balance due from the customer for fabrication work;
(4) making, altering or repairing any article, other than livestock, or expending any labor, skill or
material on it;
(5) reasonable charges for a vehicle rented as a replacement for a vehicle serviced or repaired and
being retained as provided by this section.
The liens embrace all lawful charges against the property paid to any other person by the person
claiming the lien, and the price or value of the care, storage or contribution and all reasonable
disbursements occasioned by the detention or sale of the property.
If the property subject to the lien is a motor vehicle registered in this state and subject to a
certificate of title and one or more secured creditors is listed on the certificate of title, a lien for storage
charges for a period greater than 15 days accrues only after written notice is sent by certified mail to all
listed secured creditors. The notice must state the name, address, and telephone number of the
lienholder, the amount of money owed, and the rate at which storage charges are accruing. The notice
provided in this section fulfills the notice to secured creditors required in section 514.20, subject to the
time period required under that section.
History: (8508) RL s 3522; 1905 c 328 s 2; 1907 c 114 s 2; 1965 c 812 s 12; 1983 c 301 s 217;
1986 c 444; 1999c 78 s 1; 2001 c 57s 1; 2006c 228s 3
514.20 SALE.
If any sum secured by such lien be not paid within 90 days after it becomes due, the lienholder may sell
the property and out of the proceeds of such sale there shall be paid, first, the disbursements aforesaid;
second, all charges against the property paid by such person to any other person; and, third, the total
indebtedness then secured by the lien. The remainder, if any, shall be paid on demand to the owner or
other person entitled thereto. If the property subject to the lien is a motor vehicle registered in this state
and subject to a certificate of title, then the lienholder must provide written notice, by certified mail, to
all secured creditors listed on the certificate of title 45 days before the lienholder's right to sell the
motor vehicle is considered effective. The notice must state the name, address, and telephone number of
the lienholder, the amount of money owed, and the rate at which storage charges, if any, are accruing.
Costs for certified mail and other reasonable costs related to complying with this notice provision
constitute "lawful charges" pursuant to section 514.19. Failure to comply with the notice provision in
this section renders any lien created by this chapter ineffective against any secured party listed on the
certificate of title of the motor vehicle involved.
History: (8509) RL s 3523; 1905 c 328 s 3; 1907 c 114 s 3; 1992 c 395 s 1; 2010 c 384 s 98
514.21 SALE, WHEN AND WHERE MADE; NOTICE.
The sale herein provided for shall be made at public auction between nine o'clock in the morning and
five o'clock in the afternoon in the county where the property or some part thereof is situated. A notice
stating the time and place of sale, the amount which will be due on the date of sale exclusive of the
expenses of advertising and sale, and the grounds of the lien, giving a general description of the property
to be sold, shall be served personally upon the owner of the property if the owner can be found within
the county in which the property is stored, and if not, then it shall be mailed to the owner thereof at
least three weeks before the time fixed for such sale if the place of residence or post office address of
17 of 53 8/19/2011 2:19 PM

such owner is known by, or with due diligence can be learned by, the person claiming such lien, and
shall be published once in each week for three successive weeks in a newspaper printed and published in
the county where the property, or some part thereof, is situated, the last publication of such notice to be
at least one week prior to the date of sale; or, if there is no newspaper printed and published in the
county, then the notice of sale shall be posted in three of the most public places in the county at least
three weeks before the time of sale. In case neither the place of residence nor the post office address of
such owner is known to the person claiming such lien and cannot with reasonable diligence be learned,
the publication or posting of notice, as herein provided, shall be sufficient to authorize such sale.
History: (8510) 1905 c 328 s 4; 1907 c 114s 4; 1986 c 444
514.22 CONDUCT OF SALE.
The property sold, as herein provided, shall be in view at the time of the sale. Under the power of sale
hereby given enough of the property may be sold to satisfy the amount due at the time of sale, including
expenses, and the property, if under cover, may be offered for sale and sold in the original packages in
the form and condition that the same was received by the lienholder; but, after sufficient property has
been so sold to satisfy the amount so due, no more shall be sold. The lienholder, the lienholder's
representatives or assigns, may fairly and in good faith purchase any property sold under the provisions
of sections 514.18 to 514.22, provided the sale is conducted by the sheriff or the sheriff's deputy of the
county where such sale is made.
History: (8511) 1905 c 328 s 5; 1986 c 444; 2005 c 10art 2 s 4
NONPOSSESSORY AIRCRAFT MECHANICS' LIEN
514.221 CREATION; PERFECTION; ENFORCEABILITY.
Subdivision 1. Lien created. Upon compliance with the requirements of subdivision 2, any person
who makes, alters, repairs, or otherwise enhances the value of any aircraft at the request of the owner or
legal possessor, and who parts with possession of the aircraft, has a lien upon the aircraft for that
person's reasonable or agreed charges and for work done or materials furnished.
Subd. 2. Perfection of lien. A person claiming a lien created by this section shall, within 90 days
after performing the work or furnishing the materials, file in the appropriate filing office under the
Uniform Commercial Code, section 336.9-501, a verified statement and description of the aircraft and
the work done or material furnished. The lien shall be in force from and after the date on which it is
filed.
Subd. 3. Priority, foreclosure; limitation. A lien created by this section is prior and paramount to
all other liens upon the aircraft except those previously filed in the appropriate filing office. The lien
shall be treated in all respects as a secured transaction under the Uniform Commercial Code, sections
336.9-501 to 336.9-628, except that:
(a) any foreclosure proceedings must be instituted within one year of the date the lien was filed;
and
(b) the lien is subject to the rights of a purchaser of the aircraft in cases where the purchaser
acquired the aircraft prior to the filing of the lien without knowledge or notice of the rights of the person
performing the work or furnishing the material.
18 of 53 8/19/2011 2:19 PM

518B.01 DOMESTIC ABUSE ACT.
Subdivision 1. Short title. This section may be cited as the "Domestic Abuse Act."
Subd. 2. Definitions. As used in this section, the following terms shall have the meanings given
them:
(a) "Domestic abuse" means the following, if committed against a family or household member by a
family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or
(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal sexual
conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 609.3451; or
interference with an emergency call within the meaning of section 609.78, subdivision 2.
(b) "Family or household members" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are presently residing together or who have resided together in the past;
(5) persons who have a child in common regardless of whether they have been married or have
lived together at any time;
(6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of
whether they have been married or have lived together at any time; and
(7) persons involved in a significant romantic or sexual relationship.
Issuance of an order for protection on the ground in clause (6) does not affect a determination of
paternity under sections 257.51 to 257.74. In determining whether persons are or have been involved in
a significant romantic or sexual relationship under clause (7), the court shall consider the length of time
of the relationship; type of relationship; frequency of interaction between the parties; and, if the
relationship has terminated, length of time since the termination.
(c) "Qualified domestic violence-related offense" has the meaning given in section 609.02,
subdivision 16.
Subd. 3. Court jurisdiction. An application for relief under this section may be filed in the court
having jurisdiction over dissolution actions, in the county of residence of either party, in the county in
which a pending or completed family court proceeding involving the parties or their minor children was
brought, or in the county in which the alleged domestic abuse occurred. There are no residency
requirements that apply to a petition for an order for protection. In a jurisdiction which utilizes referees
in dissolution actions, the court or judge may refer actions under this section to a referee to take and
report the evidence in the action in the same manner and subject to the same limitations provided in
section 518.13. Actions under this section shall be given docket priorities by the court.
Subd. 3a. Filing fee. The filing fees for an order for protection under this section are waived for
1 of 14 8/19/2011 2:20 PM

the petitioner. The court administrator, the sheriff of any county in this state, and other law enforcement
and corrections officers shall perform their duties relating to service of process without charge to the
petitioner. The court shall direct payment of the reasonable costs of service of process if served by a
private process server when the sheriff or other law enforcement or corrections officer is unavailable or
if service is made by publication, without requiring the petitioner to make application under section
563.01. The court may direct a respondent to pay to the court administrator the petitioner's filing fees
and reasonable costs of service of process if the court determines that the respondent has the ability to
pay the petitioner's fees and costs.
Subd. 3b. Information on petitioner's location or residence. Upon the petitioner's request,
information maintained by the court regarding the petitioner's location or residence is not accessible to
the public and may be disclosed only to court personnel or law enforcement for purposes of service of
process, conducting an investigation, or enforcing an order.
Subd. 4. Order for protection. There shall exist an action known as a petition for an order for
protection in cases of domestic abuse.
(a) A petition for relief under this section may be made by any family or household member
personally or by a family or household member, a guardian as defined in section 524.1-201, clause (20),
or, if the court finds that it is in the best interests of the minor, by a reputable adult age 25 or older on
behalf of minor family or household members. A minor age 16 or older may make a petition on the
minor's own behalf against a spouse or former spouse, or a person with whom the minor has a child in
common, if the court determines that the minor has sufficient maturity and judgment and that it is in the
best interests of the minor.
(b) A petition for relief shall allege the existence of domestic abuse, and shall be accompanied by
an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
(c) A petition for relief must state whether the petitioner has ever had an order for protection in
effect against the respondent.
(d) A petition for relief must state whether there is an existing order for protection in effect under
this chapter governing both the parties and whether there is a pending lawsuit, complaint, petition or
other action between the parties under chapter 257, 518, 518A, 518B, or 518C. The court administrator
shall verify the terms of any existing order governing the parties. The court may not delay granting relief
because of the existence of a pending action between the parties or the necessity of verifying the terms
of an existing order. A subsequent order in a separate action under this chapter may modify only the
provision of an existing order that grants relief authorized under subdivision 6, paragraph (a), clause (1).
A petition for relief may be granted, regardless of whether there is a pending action between the parties.
(e) The court shall provide simplified forms and clerical assistance to help with the writing and
filing of a petition under this section.
(f) The court shall advise a petitioner under paragraph (e) of the right to file a motion and affidavit
and to sue in forma pauperis pursuant to section 563.01 and shall assist with the writing and filing of the
motion and affidavit.
(g) The court shall advise a petitioner under paragraph (e) of the right to serve the respondent by
published notice under subdivision 5, paragraph (b), if the respondent is avoiding personal service by
concealment or otherwise, and shall assist with the writing and filing of the affidavit.
(h) The court shall advise the petitioner of the right to seek restitution under the petition for relief.
2 of 14 8/19/2011 2:20 PM

(i) The court shall advise the petitioner of the right to request a hearing under subdivision 7,
paragraph (c). If the petitioner does not request a hearing, the court shall advise the petitioner that the
respondent may request a hearing and that notice of the hearing date and time will be provided to the
petitioner by mail at least five days before the hearing.
(j) The court shall advise the petitioner of the right to request supervised parenting time, as
provided in section 518.175, subdivision 1a.
Subd. 5. Hearing on application; notice. (a) Upon receipt of the petition, the court shall order a
hearing which shall be held not later than 14 days from the date of the order for hearing unless an ex
parte order is issued.
(b) If an ex parte order has been issued under subdivision 7 and the petitioner seeks only the relief
under subdivision 7, paragraph (a), a hearing is not required unless:
(1) the court declines to order the requested relief; or
(2) one of the parties requests a hearing.
(c) If an ex parte order has been issued under subdivision 7 and the petitioner seeks relief beyond
that specified in subdivision 7, paragraph (a), or if the court declines to order relief requested by the
petitioner, a hearing must be held within seven days. Personal service of the ex parte order may be made
upon the respondent at any time up to 12 hours prior to the time set for the hearing, provided that the
respondent at the hearing may request a continuance of up to five days if served fewer than five days
prior to the hearing which continuance shall be granted unless there are compelling reasons not to.
(d) If an ex parte order has been issued only granting relief under subdivision 7, paragraph (a), and
the respondent requests a hearing, the hearing shall be held within ten days of the court's receipt of the
respondent's request. Service of the notice of hearing must be made upon the petitioner not less than
five days prior to the hearing. The court shall serve the notice of hearing upon the petitioner by mail in
the manner provided in the Rules of Civil Procedure for pleadings subsequent to a complaint and
motions and shall also mail notice of the date and time of the hearing to the respondent. In the event
that service cannot be completed in time to give the respondent or petitioner the minimum notice
required under this subdivision, the court may set a new hearing date no more than five days later.
(e) If for good cause shown either party is unable to proceed at the initial hearing and requests a
continuance and the court finds that a continuance is appropriate, the hearing may be continued. Unless
otherwise agreed by the parties and approved by the court, the continuance shall be for no more than
five days. If the court grants the requested continuance, the court shall also issue a written order
continuing all provisions of the ex parte order pending the issuance of an order after the hearing.
(f) Notwithstanding the preceding provisions of this subdivision, service on the respondent may be
made by one week published notice, as provided under section 645.11, provided the petitioner files with
the court an affidavit stating that an attempt at personal service made by a sheriff or other law
enforcement or corrections officer was unsuccessful because the respondent is avoiding service by
concealment or otherwise, and that a copy of the petition and notice of hearing has been mailed to the
respondent at the respondent's residence or that the residence is not known to the petitioner. Service
under this paragraph is complete seven days after publication. The court shall set a new hearing date if
necessary to allow the respondent the five-day minimum notice required under paragraph (d).
Subd. 6. Relief by court. (a) Upon notice and hearing, the court may provide relief as follows:
(1) restrain the abusing party from committing acts of domestic abuse;
3 of 14 8/19/2011 2:20 PM

(2) exclude the abusing party from the dwelling which the parties share or from the residence of the
petitioner;
(3) exclude the abusing party from a reasonable area surrounding the dwelling or residence, which
area shall be described specifically in the order;
(4) award temporary custody or establish temporary parenting time with regard to minor children of
the parties on a basis which gives primary consideration to the safety of the victim and the children. In
addition to the primary safety considerations, the court may consider particular best interest factors that
are found to be relevant to the temporary custody and parenting time award. Findings under section
257.025, 518.17, or 518.175 are not required with respect to the particular best interest factors not
considered by the court. If the court finds that the safety of the victim or the children will be
jeopardized by unsupervised or unrestricted parenting time, the court shall condition or restrict parenting
time as to time, place, duration, or supervision, or deny parenting time entirely, as needed to guard the
safety of the victim and the children. The court's decision on custody and parenting time shall in no way
delay the issuance of an order for protection granting other relief provided for in this section. The court
must not enter a parenting plan under section 518.1705 as part of an action for an order for protection;
(5) on the same basis as is provided in chapter 518 or 518A, establish temporary support for minor
children or a spouse, and order the withholding of support from the income of the person obligated to
pay the support according to chapter 518A;
(6) provide upon request of the petitioner counseling or other social services for the parties, if
married, or if there are minor children;
(7) order the abusing party to participate in treatment or counseling services, including requiring the
abusing party to successfully complete a domestic abuse counseling program or educational program
under section 518B.02;
(8) award temporary use and possession of property and restrain one or both parties from
transferring, encumbering, concealing, or disposing of property except in the usual course of business or
for the necessities of life, and to account to the court for all such transfers, encumbrances, dispositions,
and expenditures made after the order is served or communicated to the party restrained in open court;
(9) exclude the abusing party from the place of employment of the petitioner, or otherwise limit
access to the petitioner by the abusing party at the petitioner's place of employment;
(10) order the abusing party to have no contact with the petitioner whether in person, by telephone,
mail, or electronic mail or messaging, through a third party, or by any other means;
(11) order the abusing party to pay restitution to the petitioner;
(12) order the continuance of all currently available insurance coverage without change in coverage
or beneficiary designation;
(13) order, in its discretion, other relief as it deems necessary for the protection of a family or
household member, including orders or directives to the sheriff or other law enforcement or corrections
officer as provided by this section;
(14) direct the care, possession, or control of a pet or companion animal owned, possessed, or kept
by the petitioner or respondent or a child of the petitioner or respondent; and
(15) direct the respondent to refrain from physically abusing or injuring any pet or companion
animal, without legal justification, known to be owned, possessed, kept, or held by either party or a
4 of 14 8/19/2011 2:20 PM

minor child residing in the residence or household of either party as an indirect means of intentionally
threatening the safety of such person.
(b) Any relief granted by the order for protection shall be for a period not to exceed two years,
except when the court determines a longer period is appropriate. When a referee presides at the hearing
on the petition, the order granting relief becomes effective upon the referee's signature.
(c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated or
modified in a proceeding for dissolution of marriage or legal separation, except that the court may hear a
motion for modification of an order for protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required by court rule shall not be waived. If the
proceedings are consolidated and the motion to modify is granted, a separate order for modification of
an order for protection shall be issued.
(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not voided by the
admittance of the abusing party into the dwelling from which the abusing party is excluded.
(e) If a proceeding for dissolution of marriage or legal separation is pending between the parties, the
court shall provide a copy of the order for protection to the court with jurisdiction over the dissolution
or separation proceeding for inclusion in its file.
(f) An order for restitution issued under this subdivision is enforceable as civil judgment.
Subd. 6a. Subsequent orders and extensions. (a) Upon application, notice to all parties, and
hearing, the court may extend the relief granted in an existing order for protection or, if a petitioner's
order for protection is no longer in effect when an application for subsequent relief is made, grant a new
order. The court may extend the terms of an existing order or, if an order is no longer in effect, grant a
new order upon a showing that:
(1) the respondent has violated a prior or existing order for protection;
(2) the petitioner is reasonably in fear of physical harm from the respondent;
(3) the respondent has engaged in the act of stalking within the meaning of section 609.749,
subdivision 2; or
(4) the respondent is incarcerated and about to be released, or has recently been released from
incarceration.
A petitioner does not need to show that physical harm is imminent to obtain an extension or a
subsequent order under this subdivision.
(b) Relief granted by the order for protection may be for a period of up to 50 years, if the court
finds:
(1) the respondent has violated a prior or existing order for protection on two or more occasions; or
(2) the petitioner has had two or more orders for protection in effect against the same respondent.
An order issued under this paragraph may restrain the abusing party from committing acts of
domestic abuse; or prohibit the abusing party from having any contact with the petitioner, whether in
person, by telephone, mail or electronic mail or messaging, through electronic devices, through a third
party, or by any other means.
Subd. 7. Ex parte order. (a) Where an application under this section alleges an immediate and
present danger of domestic abuse, the court may grant an ex parte order for protection and granting
5 of 14 8/19/2011 2:20 PM

relief as the court deems proper, including an order:
(1) restraining the abusing party from committing acts of domestic abuse;
(2) excluding any party from the dwelling they share or from the residence of the other, including a
reasonable area surrounding the dwelling or residence, which area shall be described specifically in the
order, except by further order of the court;
(3) excluding the abusing party from the place of employment of the petitioner or otherwise limiting
access to the petitioner by the abusing party at the petitioner's place of employment;
(4) ordering the abusing party to have no contact with the petitioner whether in person, by
telephone, mail, e-mail, through electronic devices, or through a third party;
(5) continuing all currently available insurance coverage without change in coverage or beneficiary
designation;
(6) directing the care, possession, or control of a pet or companion animal owned, possessed, or
kept by a party or a child of a party; and
(7) directing the respondent to refrain from physically abusing or injuring any pet or companion
animal, without legal justification, known to be owned, possessed, kept, or held by either party or a
minor child residing in the residence or household of either party as an indirect means of intentionally
threatening the safety of such person.
(b) A finding by the court that there is a basis for issuing an ex parte order for protection
constitutes a finding that sufficient reasons exist not to require notice under applicable court rules
governing applications for ex parte relief.
(c) Subject to paragraph (d), an ex parte order for protection shall be effective for a fixed period set
by the court, as provided in subdivision 6, paragraph (b), or until modified or vacated by the court
pursuant to a hearing. When signed by a referee, the ex parte order becomes effective upon the referee's
signature. Upon request, a hearing, as provided by this section, shall be set. Except as provided in
paragraph (d), the respondent shall be personally served forthwith a copy of the ex parte order along
with a copy of the petition and, if requested by the petitioner, notice of the date set for the hearing. If
the petitioner does not request a hearing, an order served on a respondent under this subdivision must
include a notice advising the respondent of the right to request a hearing, must be accompanied by a
form that can be used by the respondent to request a hearing and must include a conspicuous notice that
a hearing will not be held unless requested by the respondent within five days of service of the order.
(d) Service of the ex parte order may be made by published notice, as provided under subdivision 5,
provided that the petitioner files the affidavit required under that subdivision. If personal service is not
made or the affidavit is not filed within 14 days of issuance of the ex parte order, the order expires. If
the petitioner does not request a hearing, the petition mailed to the respondent's residence, if known,
must be accompanied by the form for requesting a hearing and notice described in paragraph (c). Unless
personal service is completed, if service by published notice is not completed within 28 days of issuance
of the ex parte order, the order expires.
(e) If the petitioner seeks relief under subdivision 6 other than the relief described in paragraph (a),
the petitioner must request a hearing to obtain the additional relief.
(f) Nothing in this subdivision affects the right of a party to seek modification of an order under
subdivision 11.
6 of 14 8/19/2011 2:20 PM

Subd. 8. Service; alternate service; publication; notice. (a) The petition and any order issued
under this section shall be served on the respondent personally. In lieu of personal service of an order
for protection, a law enforcement officer may serve a person with a short form notification as provided
in subdivision 8a.
(b) When service is made out of this state and in the United States, it may be proved by the
affidavit of the person making the service. When service is made outside the United States, it may be
proved by the affidavit of the person making the service, taken before and certified by any United States
minister, charge d'affaires, commissioner, consul, or commercial agent, or other consular or diplomatic
officer of the United States appointed to reside in the other country, including all deputies or other
representatives of the officer authorized to perform their duties; or before an office authorized to
administer an oath with the certificate of an officer of a court of record of the country in which the
affidavit is taken as to the identity and authority of the officer taking the affidavit.
(c) If personal service cannot be made, the court may order service of the petition and any order
issued under this section by alternate means, or by publication, which publication must be made as in
other actions. The application for alternate service must include the last known location of the
respondent; the petitioner's most recent contacts with the respondent; the last known location of the
respondent's employment; the names and locations of the respondent's parents, siblings, children, and
other close relatives; the names and locations of other persons who are likely to know the respondent's
whereabouts; and a description of efforts to locate those persons.
The court shall consider the length of time the respondent's location has been unknown, the
likelihood that the respondent's location will become known, the nature of the relief sought, and the
nature of efforts made to locate the respondent. The court shall order service by first class mail,
forwarding address requested, to any addresses where there is a reasonable possibility that mail or
information will be forwarded or communicated to the respondent.
The court may also order publication, within or without the state, but only if it might reasonably
succeed in notifying the respondent of the proceeding. Service shall be deemed complete 14 days after
mailing or 14 days after court-ordered publication.
(d) A petition and any order issued under this section, including the short form notification, must
include a notice to the respondent that if an order for protection is issued to protect the petitioner or a
child of the parties, upon request of the petitioner in any parenting time proceeding, the court shall
consider the order for protection in making a decision regarding parenting time.
Subd. 8a. Short form notification. (a) In lieu of personal service of an order for protection under
subdivision 8, a law enforcement officer may serve a person with a short form notification. The short
form notification must include the following clauses: the respondent's name; the respondent's date of
birth, if known; the petitioner's name; the names of other protected parties; the date and county in
which the ex parte order for protection or order for protection was filed; the court file number; the
hearing date and time, if known; the conditions that apply to the respondent, either in checklist form or
handwritten; and the name of the judge who signed the order.
The short form notification must be in bold print in the following form:
The order for protection is now enforceable. You must report to your nearest sheriff office or
county court to obtain a copy of the order for protection. You are subject to arrest and may be charged
with a misdemeanor, gross misdemeanor, or felony if you violate any of the terms of the order for
protection or this short form notification.
7 of 14 8/19/2011 2:20 PM

(b) Upon verification of the identity of the respondent and the existence of an unserved order for
protection against the respondent, a law enforcement officer may detain the respondent for a reasonable
time necessary to complete and serve the short form notification.
(c) When service is made by short form notification, it may be proved by the affidavit of the law
enforcement officer making the service.
(d) For service under this section only, service upon an individual may occur at any time, including
Sundays, and legal holidays.
(e) The superintendent of the Bureau of Criminal Apprehension shall provide the short form to law
enforcement agencies.
Subd. 9. Assistance of sheriff in service or execution. When an order is issued under this section
upon request of the petitioner, the court shall order the sheriff to accompany the petitioner and assist in
placing the petitioner in possession of the dwelling or residence, or otherwise assist in execution or
service of the order of protection. If the application for relief is brought in a county in which the
respondent is not present, the sheriff shall forward the pleadings necessary for service upon the
respondent to the sheriff of the county in which the respondent is present. This transmittal must be
expedited to allow for timely service.
Subd. 9a. Service by others. Peace officers licensed by the state of Minnesota and corrections
officers, including, but not limited to, probation officers, court services officers, parole officers, and
employees of jails or correctional facilities, may serve an order for protection.
Subd. 10. Right to apply for relief. (a) A person's right to apply for relief shall not be affected by
the person's leaving the residence or household to avoid abuse.
(b) The court shall not require security or bond of any party unless it deems necessary in
exceptional cases.
Subd. 11. Modifying or vacating order. (a) Upon application, notice to all parties, and hearing, the
court may modify the terms of an existing order for protection.
(b) If the court orders relief under subdivision 6a, paragraph (b), the respondent named in the order
for protection may request to have the order vacated or modified if the order has been in effect for at
least five years and the respondent has not violated the order during that time. Application for relief
under this subdivision must be made in the county in which the order for protection was issued. Upon
receipt of the request, the court shall set a hearing date. Personal service must be made upon the
petitioner named in the order for protection not less than 30 days before the date of the hearing. At the
hearing, the respondent named in the order for protection has the burden of proving by a preponderance
of the evidence that there has been a material change in circumstances and that the reasons upon which
the court relied in granting or extending the order for protection no longer apply and are unlikely to
occur. If the court finds that the respondent named in the order for protection has met the burden of
proof, the court may vacate or modify the order. If the court finds that the respondent named in the
order for protection has not met the burden of proof, the court shall deny the request and no request
may be made to vacate or modify the order for protection until five years have elapsed from the date of
denial. An order vacated or modified under this paragraph must be personally served on the petitioner
named in the order for protection.
Subd. 12. Real estate. Nothing in this section shall affect the title to real estate.
Subd. 13. Copy to law enforcement agency. (a) An order for protection and any continuance of an
order for protection granted pursuant to this section shall be forwarded by the court administrator within
8 of 14 8/19/2011 2:20 PM

24 hours to the local law enforcement agency with jurisdiction over the residence of the applicant.
Each appropriate law enforcement agency shall make available to other law enforcement officers
through a system for verification, information as to the existence and status of any order for protection
issued pursuant to this section.
(b) If the applicant notifies the court administrator of a change in the applicant's residence so that a
different local law enforcement agency has jurisdiction over the residence, the order for protection and
any continuance of an order for protection must be forwarded by the court administrator to the new law
enforcement agency within 24 hours of the notice. If the applicant notifies the new law enforcement
agency that an order for protection has been issued under this section and the applicant has established a
new residence within that agency's jurisdiction, within 24 hours the local law enforcement agency shall
request a copy of the order for protection from the court administrator in the county that issued the
order.
(c) When an order for protection is granted, the applicant for an order for protection must be told
by the court that:
(1) notification of a change in residence should be given immediately to the court administrator and
to the local law enforcement agency having jurisdiction over the new residence of the applicant;
(2) the reason for notification of a change in residence is to forward an order for protection to the
proper law enforcement agency; and
(3) the order for protection must be forwarded to the law enforcement agency having jurisdiction
over the new residence within 24 hours of notification of a change in residence, whether notification is
given to the court administrator or to the local law enforcement agency having jurisdiction over the
applicant's new residence.
An order for protection is enforceable even if the applicant does not notify the court administrator
or the appropriate law enforcement agency of a change in residence.
Subd. 14. Violation of an order for protection. (a) A person who violates an order for protection
issued by a judge or referee is subject to the penalties provided in paragraphs (b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for protection is
granted by a judge or referee or pursuant to a similar law of another state, the United States, the District
of Columbia, tribal lands, or United States territories, and the respondent or person to be restrained
knows of the existence of the order, violation of the order for protection is a misdemeanor. Upon a
misdemeanor conviction under this paragraph, the defendant must be sentenced to a minimum of three
days imprisonment and must be ordered to participate in counseling or other appropriate programs
selected by the court. If the court stays imposition or execution of the jail sentence and the defendant
refuses or fails to comply with the court's treatment order, the court must impose and execute the stayed
jail sentence. A violation of an order for protection shall also constitute contempt of court and be
subject to the penalties provided in chapter 588.
(c) A person is guilty of a gross misdemeanor who knowingly violates this subdivision within ten
years of a previous qualified domestic violence-related offense conviction or adjudication of
delinquency. Upon a gross misdemeanor conviction under this paragraph, the defendant must be
sentenced to a minimum of ten days imprisonment and must be ordered to participate in counseling or
other appropriate programs selected by the court. Notwithstanding section 609.135, the court must
impose and execute the minimum sentence provided in this paragraph for gross misdemeanor
9 of 14 8/19/2011 2:20 PM

convictions.
(d) A person is guilty of a felony and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both, if the person knowingly violates this
subdivision:
(1) within ten years of the first of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency; or
(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.
Upon a felony conviction under this paragraph in which the court stays imposition or execution of
sentence, the court shall impose at least a 30-day period of incarceration as a condition of probation.
The court also shall order that the defendant participate in counseling or other appropriate programs
selected by the court. Notwithstanding section 609.135, the court must impose and execute the minimum
sentence provided in this paragraph for felony convictions.
(e) A peace officer shall arrest without a warrant and take into custody a person whom the peace
officer has probable cause to believe has violated an order granted pursuant to this section or a similar
law of another state, the United States, the District of Columbia, tribal lands, or United States territories
restraining the person or excluding the person from the residence or the petitioner's place of
employment, even if the violation of the order did not take place in the presence of the peace officer, if
the existence of the order can be verified by the officer. The probable cause required under this
paragraph includes probable cause that the person knows of the existence of the order. If the order has
not been served, the officer shall immediately serve the order whenever reasonably safe and possible to
do so. An order for purposes of this subdivision, includes the short form order described in subdivision
8a. When the order is first served upon the person at a location at which, under the terms of the order,
the person's presence constitutes a violation, the person shall not be arrested for violation of the order
without first being given a reasonable opportunity to leave the location in the presence of the peace
officer. A person arrested under this paragraph shall be held in custody for at least 36 hours, excluding
the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or judicial
officer. A peace officer acting in good faith and exercising due care in making an arrest pursuant to this
paragraph is immune from civil liability that might result from the officer's actions.
(f) If the court finds that the respondent has violated an order for protection and that there is reason
to believe that the respondent will commit a further violation of the provisions of the order restraining
the respondent from committing acts of domestic abuse or excluding the respondent from the petitioner's
residence, the court may require the respondent to acknowledge an obligation to comply with the order
on the record. The court may require a bond sufficient to deter the respondent from committing further
violations of the order for protection, considering the financial resources of the respondent, and not to
exceed $10,000. If the respondent refuses to comply with an order to acknowledge the obligation or post
a bond under this paragraph, the court shall commit the respondent to the county jail during the term of
the order for protection or until the respondent complies with the order under this paragraph. The
warrant must state the cause of commitment, with the sum and time for which any bond is required. If
an order is issued under this paragraph, the court may order the costs of the contempt action, or any part
of them, to be paid by the respondent. An order under this paragraph is appealable.
(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested party
designated by the court, alleging that the respondent has violated any order for protection granted
pursuant to this section or a similar law of another state, the United States, the District of Columbia,
10 of 14 8/19/2011 2:20 PM

tribal lands, or United States territories, the court may issue an order to the respondent, requiring the
respondent to appear and show cause within 14 days why the respondent should not be found in
contempt of court and punished therefor. The hearing may be held by the court in any county in which
the petitioner or respondent temporarily or permanently resides at the time of the alleged violation, or in
the county in which the alleged violation occurred, if the petitioner and respondent do not reside in this
state. The court also shall refer the violation of the order for protection to the appropriate prosecuting
authority for possible prosecution under paragraph (b), (c), or (d).
(h) If it is alleged that the respondent has violated an order for protection issued under subdivision
6 or a similar law of another state, the United States, the District of Columbia, tribal lands, or United
States territories, and the court finds that the order has expired between the time of the alleged violation
and the court's hearing on the violation, the court may grant a new order for protection under
subdivision 6 based solely on the respondent's alleged violation of the prior order, to be effective until
the hearing on the alleged violation of the prior order. If the court finds that the respondent has violated
the prior order, the relief granted in the new order for protection shall be extended for a fixed period,
not to exceed one year, except when the court determines a longer fixed period is appropriate.
(i) The admittance into petitioner's dwelling of an abusing party excluded from the dwelling under
an order for protection is not a violation by the petitioner of the order for protection.
A peace officer is not liable under section 609.43, clause (1), for a failure to perform a duty
required by paragraph (e).
(j) When a person is convicted under paragraph (b) or (c) of violating an order for protection and
the court determines that the person used a firearm in any way during commission of the violation, the
court may order that the person is prohibited from possessing any type of firearm for any period longer
than three years or for the remainder of the person's life. A person who violates this paragraph is guilty
of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant whether and
for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to
violate this paragraph. The failure of the court to provide this information to a defendant does not affect
the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that
defendant.
(k) Except as otherwise provided in paragraph (j), when a person is convicted under paragraph (b)
or (c) of violating an order for protection, the court shall inform the defendant that the defendant is
prohibited from possessing a pistol for three years from the date of conviction and that it is a gross
misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a
defendant does not affect the applicability of the pistol possession prohibition or the gross misdemeanor
penalty to that defendant.
(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a pistol if the
person has been convicted under paragraph (b) or (c) after August 1, 1996, of violating an order for
protection, unless three years have elapsed from the date of conviction and, during that time, the person
has not been convicted of any other violation of this section. Property rights may not be abated but
access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is
guilty of a gross misdemeanor.
(m) If the court determines that a person convicted under paragraph (b) or (c) of violating an order
for protection owns or possesses a firearm and used it in any way during the commission of the
violation, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.
11 of 14 8/19/2011 2:20 PM

Subd. 15. Admissibility of testimony in criminal proceeding. Any testimony offered by a
respondent in a hearing pursuant to this section is inadmissible in a criminal proceeding.
Subd. 16. Other remedies available. Any proceeding under this section shall be in addition to other
civil or criminal remedies.
Subd. 17. Effect on custody proceedings. In a subsequent custody proceeding the court must
consider a finding in a proceeding under this chapter or under a similar law of another state that
domestic abuse has occurred between the parties.
Subd. 18. Notices. (a) Each order for protection granted under this chapter must contain a
conspicuous notice to the respondent or person to be restrained that:
(1) violation of an order for protection is either (i) a misdemeanor punishable by imprisonment for
up to 90 days or a fine of up to $1,000, or both, (ii) a gross misdemeanor punishable by imprisonment of
up to one year or a fine of up to $3,000, or both, or (iii) a felony punishable by imprisonment of up to
five years or a fine of up to $10,000, or both;
(2) the respondent is forbidden to enter or stay at the petitioner's residence, even if invited to do so
by the petitioner or any other person; in no event is the order for protection voided;
(3) a peace officer must arrest without warrant and take into custody a person whom the peace
officer has probable cause to believe has violated an order for protection restraining the person or
excluding the person from a residence; and
(4) pursuant to the Violence Against Women Act of 1994, United States Code, title 18, section
2265, the order is enforceable in all 50 states, the District of Columbia, tribal lands, and United States
territories, that violation of the order may also subject the respondent to federal charges and punishment
under United States Code, title 18, sections 2261 and 2262, and that if a final order is entered against
the respondent after the hearing, the respondent may be prohibited from possessing, transporting, or
accepting a firearm under the 1994 amendment to the Gun Control Act, United States Code, title 18,
section 922(g)(8).
(b) If the court grants relief under subdivision 6a, paragraph (b), the order for protection must also
contain a conspicuous notice to the respondent or person to be restrained that the respondent must wait
five years to seek a modification of the order.
Subd. 19. Recording required. Proceedings under this section must be recorded.
Subd. 19a. Entry and enforcement of foreign protective orders. (a) As used in this subdivision,
"foreign protective order" means an order for protection entered by a court of another state; an order by
an Indian tribe or United States territory that would be a protective order entered under this chapter; a
temporary or permanent order or protective order to exclude a respondent from a dwelling; or an order
that establishes conditions of release or is a protective order or sentencing order in a criminal
prosecution arising from a domestic abuse assault if it had been entered in Minnesota.
(b) A person for whom a foreign protection order has been issued or the issuing court or tribunal
may provide a certified or authenticated copy of a foreign protective order to the court administrator in
any county that would have venue if the original action was being commenced in this state or in which
the person in whose favor the order was entered may be present, for filing and entering of the same into
the state order for protection database.
(c) The court administrator shall file and enter foreign protective orders that are not certified or
authenticated, if supported by an affidavit of a person with personal knowledge, subject to the penalties
12 of 14 8/19/2011 2:20 PM

for perjury. The person protected by the order may provide this affidavit.
(d) The court administrator shall provide copies of the order as required by this section.
(e) A valid foreign protective order has the same effect and shall be enforced in the same manner as
an order for protection issued in this state whether or not filed with a court administrator or otherwise
entered in the state order for protection database.
(f) A foreign protective order is presumed valid if it meets all of the following:
(1) the order states the name of the protected individual and the individual against whom
enforcement is sought;
(2) the order has not expired;
(3) the order was issued by a court or tribunal that had jurisdiction over the parties and subject
matter under the law of the foreign jurisdiction; and
(4) the order was issued in accordance with the respondent's due process rights, either after the
respondent was provided with reasonable notice and an opportunity to be heard before the court or
tribunal that issued the order, or in the case of an ex parte order, the respondent was granted notice and
an opportunity to be heard within a reasonable time after the order was issued.
(g) Proof that a foreign protective order failed to meet all of the factors listed in paragraph (f) is an
affirmative defense in any action seeking enforcement of the order.
(h) A peace officer shall treat a foreign protective order as a valid legal document and shall make
an arrest for a violation of the foreign protective order in the same manner that a peace officer would
make an arrest for a violation of a protective order issued within this state.
(i) The fact that a foreign protective order has not been filed with the court administrator or
otherwise entered into the state order for protection database shall not be grounds to refuse to enforce
the terms of the order unless it is apparent to the officer that the order is invalid on its face.
(j) A peace officer acting reasonably and in good faith in connection with the enforcement of a
foreign protective order is immune from civil and criminal liability in any action arising in connection
with the enforcement.
(k) Filing and service costs in connection with foreign protective orders are waived.
Subd. 20. Statewide application. An order for protection granted under this section applies
throughout this state.
Subd. 21. Order for protection forms. The state court administrator, in consultation with the
Advisory Council on Battered Women and Domestic Abuse, city and county attorneys, and legal
advocates who work with victims, shall develop a uniform order for protection form that will facilitate
the consistent enforcement of orders for protection throughout the state.
Subd. 22. [Repealed, 2010 c 299 s 15]
Subd. 23. Prohibition against employer retaliation. (a) An employer shall not discharge,
discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee's
compensation, terms, conditions, location, or privileges of employment, because the employee took
reasonable time off from work to obtain or attempt to obtain relief under this chapter. Except in cases of
imminent danger to the health or safety of the employee or the employee's child, or unless
impracticable, an employee who is absent from the workplace shall give 48 hours' advance notice to the
13 of 14 8/19/2011 2:20 PM

employer. Upon request of the employer, the employee shall provide verification that supports the
employee's reason for being absent from the workplace. All information related to the employee's leave
pursuant to this section shall be kept confidential by the employer.
(b) An employer who violates paragraph (a) is guilty of a misdemeanor and may be punished for
contempt of court. In addition, the court shall order the employer to pay back wages and offer job
reinstatement to any employee discharged from employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law, an employee injured by a violation of
paragraph (a) may bring a civil action for recovery of damages, together with costs and disbursements,
including reasonable attorneys fees, and may receive such injunctive and other equitable relief,
including reinstatement, as determined by the court.
History: 1979c 214s 1; 1981c 273s 2; 1983c 52 s 1-3; 1983 c 308s 26,27; 1985c 195s 1-4;
1986c 351s 4; 1986 c 444; 1Sp1986 c 3art 1 s 69,82; 1987 c 106 s 2; 1987 c 237 s 2-5; 1988c 638s
3; 1990 c 583s 1-3; 1991c 271s 7; 1991c 272s 2-5; 1992c 464art 1s 56; 1992 c 571 art 6s 2-9;
1993c 322s 17-20; 1993 c 326art 2 s 4-9; 1Sp1993c 5s 1; 1994c 630art 12 s 5; 1994 c 636 art 2s
11,12; 1995c 142s 2-5; 1995 c 226 art 7s 3-7; 1995 c 259 art 3s 6; 1996c 408art 4s 1; 1997c 96 s
3; 1997 c 239art 7 s 11-15; 1998 c 367art 5 s 1-5; 2000 c 437 s 1-4; 2000c 444art 1s 7; art 2 s
42,43; 2000c 445art 2s 8; 1Sp2001c 8art 10 s 1-5; 2002c 282s 1,2; 2002 c 304 s 9-11; 2004c 145s
1; 2004 c 164s 1; 2004 c 228 art 1 s 72; 2005c 10 art 2s 4; 2005c 76 s 1; 2005 c 136 art 8 s 20; art
17 s 5; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2006 c 260 art 1 s 10,11; art 5 s 48; 2006c 280s 45; 2007 c
54art 2s 1; 2008c 316s 1-5; 2010 c 299 s 4,5,14
14 of 14 8/19/2011 2:20 PM

2011 Amendment to Minn. Stat. 518B.01
2011 Minn. Laws ch. 116, art. 1, s. 8
Minnesota Statutes 2010, section 518B.01, subdivision 1[a] is amended to read:
Subd. 8. Service; alternate service; publication; notice. (a) The petition and any
order issued under this section other than orders for dismissal shall be served on
the respondent personally. Orders for dismissal may be served personally or by
certified mail. In lieu of personal service of an order for protection, a law
enforcement officer may serve a person with a short form notification as provided
in subdivision 8a.
[EFFECTIVE DATE 8/1/11].

609.2231 ASSAULT IN THE FOURTH DEGREE.
Subdivision 1. Peace officers. Whoever physically assaults a peace officer licensed under section
626.845, subdivision 1, when that officer is effecting a lawful arrest or executing any other duty
imposed by law is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both. If the assault inflicts
demonstrable bodily harm or the person intentionally throws or otherwise transfers bodily fluids or feces
at or onto the officer, the person is guilty of a felony and may be sentenced to imprisonment for not
more than three years or to payment of a fine of not more than $6,000, or both.
Subd. 2. Firefighters and emergency medical personnel. Whoever assaults any of the following
persons and inflicts demonstrable bodily harm is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:
(1) a member of a municipal or volunteer fire department or emergency medical services personnel
unit in the performance of the member's duties; or
(2) a physician, nurse, or other person providing health care services in a hospital emergency
department.
Subd. 2a. Certain Department of Natural Resources employees. Whoever assaults and inflicts
demonstrable bodily harm on an employee of the Department of Natural Resources who is engaged in
forest fire activities is guilty of a gross misdemeanor.
Subd. 3. Correctional employees; probation officers. Whoever commits either of the following
acts against an employee of a correctional facility as defined in section 241.021, subdivision 1,
paragraph (f), or against a probation officer or other qualified person employed in supervising offenders
while the employee, officer, or person is engaged in the performance of a duty imposed by law, policy,
or rule is guilty of a felony and may be sentenced to imprisonment for not more than two years or to
payment of a fine of not more than $4,000, or both:
(1) assaults the employee and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the employee.
Subd. 3a. Secure treatment facility personnel. (a) As used in this subdivision, "secure treatment
facility" has the meaning given in section 253B.02, subdivision 18a.
(b) Whoever, while committed under section 253B.185 or Minnesota Statutes 1992, section 526.10,
commits either of the following acts against an employee or other individual who provides care or
treatment at a secure treatment facility while the person is engaged in the performance of a duty
imposed by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $4,000, or both:
(1) assaults the person and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.
(c) The court shall commit a person convicted of violating paragraph (b) to the custody of the
commissioner of corrections for not less than one year and one day. The court may not, on its own
motion or the prosecutor's motion, sentence a person without regard to this paragraph. A person
convicted and sentenced as required by this paragraph is not eligible for probation, parole, discharge,
work release, or supervised release, until that person has served the full term of imprisonment as
1 of 3 8/19/2011 2:21 PM

provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and
609.135.
(d) Notwithstanding the statutory maximum sentence provided in paragraph (b), when a court
sentences a person to the custody of the commissioner of corrections for a violation of paragraph (b),
the court shall provide that after the person has completed the sentence imposed, the commissioner shall
place the person on conditional release for five years. The terms of conditional release are governed by
sections 244.05 and 609.3455, subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.
Subd. 4. Assaults motivated by bias. (a) Whoever assaults another because of the victim's or
another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction
under paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than one
year and a day or to payment of a fine of not more than $3,000, or both.
Subd. 5. School official. Whoever assaults a school official while the official is engaged in the
performance of the official's duties, and inflicts demonstrable bodily harm, is guilty of a gross
misdemeanor. As used in this subdivision, "school official" includes teachers, school administrators, and
other employees of a public or private school.
Subd. 6. Public employees with mandated duties. A person is guilty of a gross misdemeanor who:
(1) assaults an agricultural inspector, occupational safety and health investigator, child protection
worker, public health nurse, animal control officer, or probation or parole officer while the employee is
engaged in the performance of a duty mandated by law, court order, or ordinance;
(2) knows that the victim is a public employee engaged in the performance of the official public
duties of the office; and
(3) inflicts demonstrable bodily harm.
Subd. 7. Community crime prevention group members. (a) A person is guilty of a gross
misdemeanor who:
(1) assaults a community crime prevention group member while the member is engaged in
neighborhood patrol;
(2) should reasonably know that the victim is a community crime prevention group member engaged
in neighborhood patrol; and
(b) As used in this subdivision, "community crime prevention group" means a community group
focused on community safety and crime prevention that:
(1) is organized for the purpose of discussing community safety and patrolling community
neighborhoods for criminal activity;
(2) is designated and trained by the local law enforcement agency as a community crime prevention
group; or
(3) interacts with local law enforcement regarding community safety issues.
History: 1983c 169s 1; 1984c 628art 3 s 11; 1985c 185s 1; 1986 c 444; 1987c 252s 9; 1989 c
2 of 3 8/19/2011 2:21 PM

2011 Amendments to Minn. Stat. 609.2231
2011 Minn. Laws ch. 28, s. 7:
Minnesota Statutes 2010, section 609.2231, is amended by adding a subdivision to read:
Subd. 8. Vulnerable adults. (a) As used in this subdivision, "vulnerable adult"
has the meaning given in section 609.232, subdivision 11.
(b) Whoever assaults and inflicts demonstrable bodily harm on a vulnerable adult,
knowing or having reason to know that the person is a vulnerable adult, is guilty of
a gross misdemeanor.
EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
2011 Minn. Laws ch. 85, s. 1:
Subd. 8. Reserve officer. A person is guilty of a gross misdemeanor who:
(1) assaults a reserve officer as defined in section 626.84, subdivision 1, paragraph
(e), who is engaged in the performance of official public duties at the direction of,
under the control of, or on behalf of a peace officer or supervising law
enforcement officer or agency; and
(2) should reasonably know that the victim is a reserve officer engaged in the
performance of official public duties of the peace officer, or supervising law
enforcement officer or agency.
2011 Minn. Laws ch. 85, s. 2:
Subd. 9. Utility and postal service employees and contractors. (a) A person is
guilty of a gross misdemeanor who:
(1) assaults an employee or contractor of a utility or the United States Postal
Service while the employee or contractor is engaged in the performance of the
employee's or contractor's duties;

(2) should reasonably know that the victim is an employee or contractor of a utility
or the postal service who is:
(i) performing duties of the victim's employment; or
(ii) fulfilling the victim's contractual obligations;
and
(b) As used in this subdivision, "utility" has the meaning given it in section
609.594, subdivision 1, clause (3).

609.2325 CRIMINAL ABUSE.
Subdivision 1. Crimes. (a) A caregiver who, with intent to produce physical or mental pain or
injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation procedure,
unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse and may be sentenced as
provided in subdivision 3.
This paragraph does not apply to therapeutic conduct.
(b) A caregiver, facility staff person, or person providing services in a facility who engages in
sexual contact or penetration, as defined in section 609.341, under circumstances other than those
described in sections 609.342 to 609.345, with a resident, patient, or client of the facility is guilty of
criminal abuse and may be sentenced as provided in subdivision 3.
Subd. 2. Exemptions. For the purposes of this section, a vulnerable adult is not abused for the sole
reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable
adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 253B.03 or 524.5-101
to 524.5-502, refuses consent or withdraws consent, consistent with that authority and within the
boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or
procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or,
where permitted under law, to provide nutrition and hydration parenterally or through intubation; this
paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved
family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;
(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable
adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or
care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is
consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the
vulnerable adult; or
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional
dysfunction or undue influence, engages in consensual sexual contact with: (i) a person, including a
facility staff person, when a consensual sexual personal relationship existed prior to the caregiving
relationship; or (ii) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship.
Subd. 3. Penalties. (a) A person who violates subdivision 1, paragraph (a), may be sentenced as
follows:
(1) if the act results in the death of a vulnerable adult, imprisonment for not more than 15 years or
payment of a fine of not more than $30,000, or both;
(2) if the act results in great bodily harm, imprisonment for not more than ten years or payment of a
fine of not more than $20,000, or both;
(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not more than
1 of 2 8/19/2011 2:22 PM

five years or payment of a fine of not more than $10,000, or both; or
(4) in other cases, imprisonment for not more than one year or payment of a fine of not more than
$3,000, or both.
(b) A person who violates subdivision 1, paragraph (b), may be sentenced to imprisonment for not
more than one year or to payment of a fine of not more than $3,000, or both.
History: 1995c 229art 2 s 3; 1996 c 408art 10s 11; 2004 c 146 art 3s 43
2 of 2 8/19/2011 2:22 PM

609.233 CRIMINAL NEGLECT.
Subdivision 1. Crime. A caregiver or operator who intentionally neglects a vulnerable adult or
knowingly permits conditions to exist that result in the abuse or neglect of a vulnerable adult is guilty of
a gross misdemeanor. For purposes of this section, "abuse" has the meaning given in section 626.5572,
subdivision 2, and "neglect" means a failure to provide a vulnerable adult with necessary food, clothing,
shelter, health care, or supervision.
Subd. 2. Exemptions. A vulnerable adult is not neglected for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable
adult under sections 144.651, 144A.44, 253B.03, or 524.5-101 to 524.5-502, or chapter 145B, 145C, or
252A, refuses consent or withdraws consent, consistent with that authority and within the boundary of
reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to
diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted
under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not
enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved
family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;
(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable
adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or
care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is
consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the
vulnerable adult; or
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional
dysfunction or undue influence, engages in consensual sexual contact with: (i) a person including a
facility staff person when a consensual sexual personal relationship existed prior to the caregiving
relationship; or (ii) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship.
History: 1995c 229art 2 s 4; 2004 c 146art 3 s 44
1 of 1 8/19/2011 2:22 PM

609.378 NEGLECT OR ENDANGERMENT OF CHILD.
Subdivision 1. Persons guilty of neglect or endangerment. (a)(1) A parent, legal guardian, or
caretaker who willfully deprives a child of necessary food, clothing, shelter, health care, or supervision
appropriate to the child's age, when the parent, guardian, or caretaker is reasonably able to make the
necessary provisions and the deprivation harms or is likely to substantially harm the child's physical,
mental, or emotional health is guilty of neglect of a child and may be sentenced to imprisonment for not
more than one year or to payment of a fine of not more than $3,000, or both. If the deprivation results in
substantial harm to the child's physical, mental, or emotional health, the person may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If
a parent, guardian, or caretaker responsible for the child's care in good faith selects and depends upon
spiritual means or prayer for treatment or care of disease or remedial care of the child, this treatment or
care is "health care," for purposes of this clause.
(2) A parent, legal guardian, or caretaker who knowingly permits the continuing physical or sexual
abuse of a child is guilty of neglect of a child and may be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or both.
(b) A parent, legal guardian, or caretaker who endangers the child's person or health by:
(1) intentionally or recklessly causing or permitting a child to be placed in a situation likely to
substantially harm the child's physical, mental, or emotional health or cause the child's death; or
(2) knowingly causing or permitting the child to be present where any person is selling,
manufacturing, possessing immediate precursors or chemical substances with intent to manufacture, or
possessing a controlled substance, as defined in section 152.01, subdivision 4, in violation of section
152.021, 152.022, 152.023, 152.024, or 152.0262; is guilty of child endangerment and may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
If the endangerment results in substantial harm to the child's physical, mental, or emotional health,
the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both.
This paragraph does not prevent a parent, legal guardian, or caretaker from causing or permitting a
child to engage in activities that are appropriate to the child's age, stage of development, and
experience, or from selecting health care as defined in subdivision 1, paragraph (a).
(c) A person who intentionally or recklessly causes a child under 14 years of age to be placed in a
situation likely to substantially harm the child's physical health or cause the child's death as a result of
the child's access to a loaded firearm is guilty of child endangerment and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
If the endangerment results in substantial harm to the child's physical health, the person may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both.
Subd. 2. Defenses. It is a defense to a prosecution under subdivision 1, paragraph (a), clause (2), or
paragraph (b), that at the time of the neglect or endangerment there was a reasonable apprehension in
the mind of the defendant that acting to stop or prevent the neglect or endangerment would result in
substantial bodily harm to the defendant or the child in retaliation.
1 of 2 8/19/2011 2:23 PM

609.52 THEFT.
Subdivision 1. Definitions. In this section:
(1) "Property" means all forms of tangible property, whether real or personal, without limitation
including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl, and
heat supplied by pipe or conduit by municipalities or public utility companies and articles, as defined in
clause (4), representing trade secrets, which articles shall be deemed for the purposes of Extra Session
Laws 1967, chapter 15 to include any trade secret represented by the article.
(2) "Movable property" is property whose physical location can be changed, including without
limitation things growing on, affixed to, or found in land.
(3) "Value" means the retail market value at the time of the theft, or if the retail market value
cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft,
or in the case of a theft or the making of a copy of an article representing a trade secret, where the retail
market value or replacement cost cannot be ascertained, any reasonable value representing the damage
to the owner which the owner has suffered by reason of losing an advantage over those who do not
know of or use the trade secret. For a check, draft, or other order for the payment of money, "value"
means the amount of money promised or ordered to be paid under the terms of the check, draft, or other
order. For a theft committed within the meaning of subdivision 2, clause (5), items (i) and (ii), if the
property has been restored to the owner, "value" means the value of the use of the property or the
damage which it sustained, whichever is greater, while the owner was deprived of its possession, but not
exceeding the value otherwise provided herein. For a theft committed within the meaning of subdivision
2, clause (9), if the property has been restored to the owner, "value" means the rental value of the
property, determined at the rental rate contracted by the defendant or, if no rental rate was contracted,
the rental rate customarily charged by the owner for use of the property, plus any damage that occurred
to the property while the owner was deprived of its possession, but not exceeding the total retail value
of the property at the time of rental.
(4) "Article" means any object, material, device or substance, including any writing, record,
recording, drawing, sample specimen, prototype, model, photograph, microorganism, blueprint or map,
or any copy of any of the foregoing.
(5) "Representing" means describing, depicting, containing, constituting, reflecting or recording.
(6) "Trade secret" means information, including a formula, pattern, compilation, program, device,
method, technique, or process, that:
(i) derives independent economic value, actual or potential, from not being generally known to, and
not being readily ascertainable by proper means by, other persons who can obtain economic value from
its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(7) "Copy" means any facsimile, replica, photograph or other reproduction of an article, and any
note, drawing, or sketch made of or from an article while in the presence of the article.
(8) "Property of another" includes property in which the actor is co-owner or has a lien, pledge,
bailment, or lease or other subordinate interest, property transferred by the actor in circumstances which
are known to the actor and which make the transfer fraudulent as defined in section 513.44, property
1 of 6 8/19/2011 2:24 PM

possessed pursuant to a short-term rental contract, and property of a partnership of which the actor is a
member, unless the actor and the victim are husband and wife. It does not include property in which the
actor asserts in good faith a claim as a collection fee or commission out of property or funds recovered,
or by virtue of a lien, setoff, or counterclaim.
(9) "Services" include but are not limited to labor, professional services, transportation services,
electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment
services, advertising services, telecommunication services, and the supplying of equipment for use
including rental of personal property or equipment.
(10) "Motor vehicle" means a self-propelled device for moving persons or property or pulling
implements from one place to another, whether the device is operated on land, rails, water, or in the air.
Subd. 2. Acts constituting theft. Whoever does any of the following commits theft and may be
sentenced as provided in subdivision 3:
(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of
movable property of another without the other's consent and with intent to deprive the owner
permanently of possession of the property; or
(2) with or without having a legal interest in movable property, intentionally and without consent,
takes the property out of the possession of a pledgee or other person having a superior right of
possession, with intent thereby to deprive the pledgee or other person permanently of the possession of
the property; or
(3) obtains for the actor or another the possession, custody, or title to property of or performance of
services by a third person by intentionally deceiving the third person with a false representation which is
known to be false, made with intent to defraud, and which does defraud the person to whom it is made.
"False representation" includes without limitation:
(i) the issuance of a check, draft, or order for the payment of money, except a forged check as
defined in section 609.631, or the delivery of property knowing that the actor is not entitled to draw
upon the drawee therefor or to order the payment or delivery thereof; or
(ii) a promise made with intent not to perform. Failure to perform is not evidence of intent not to
perform unless corroborated by other substantial evidence; or
(iii) the preparation or filing of a claim for reimbursement, a rate application, or a cost report used
to establish a rate or claim for payment for medical care provided to a recipient of medical assistance
under chapter 256B, which intentionally and falsely states the costs of or actual services provided by a
vendor of medical care; or
(iv) the preparation or filing of a claim for reimbursement for providing treatment or supplies
required to be furnished to an employee under section 176.135 which intentionally and falsely states the
costs of or actual treatment or supplies provided; or
(v) the preparation or filing of a claim for reimbursement for providing treatment or supplies
required to be furnished to an employee under section 176.135 for treatment or supplies that the
provider knew were medically unnecessary, inappropriate, or excessive; or
(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services
from another person; or
(5) intentionally commits any of the acts listed in this subdivision but with intent to exercise
2 of 6 8/19/2011 2:24 PM

temporary control only and:
(i) the control exercised manifests an indifference to the rights of the owner or the restoration of
the property to the owner; or
(ii) the actor pledges or otherwise attempts to subject the property to an adverse claim; or
(iii) the actor intends to restore the property only on condition that the owner pay a reward or buy
back or make other compensation; or
(6) finds lost property and, knowing or having reasonable means of ascertaining the true owner,
appropriates it to the finder's own use or to that of another not entitled thereto without first having made
reasonable effort to find the owner and offer and surrender the property to the owner; or
(7) intentionally obtains property or services, offered upon the deposit of a sum of money or tokens
in a coin or token operated machine or other receptacle, without making the required deposit or
otherwise obtaining the consent of the owner; or
(8) intentionally and without claim of right converts any article representing a trade secret, knowing
it to be such, to the actor's own use or that of another person or makes a copy of an article representing
a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to
the actor's own use or that of another person. It shall be a complete defense to any prosecution under
this clause for the defendant to show that information comprising the trade secret was rightfully known
or available to the defendant from a source other than the owner of the trade secret; or
(9) leases or rents personal property under a written instrument and who:
(i) with intent to place the property beyond the control of the lessor conceals or aids or abets the
concealment of the property or any part thereof; or
(ii) sells, conveys, or encumbers the property or any part thereof without the written consent of the
lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is
subject to such lease or rental contract with intent to deprive the lessor of possession thereof; or
(iii) does not return the property to the lessor at the end of the lease or rental term, plus
agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the property; or
(iv) returns the property to the lessor at the end of the lease or rental term, plus agreed-upon
extensions, but does not pay the lease or rental charges agreed upon in the written instrument, with
intent to wrongfully deprive the lessor of the agreed-upon charges.
For the purposes of items (iii) and (iv), the value of the property must be at least $100.
Evidence that a lessee used a false, fictitious, or not current name, address, or place of employment in
obtaining the property or fails or refuses to return the property or pay the rental contract charges to
lessor within five days after written demand for the return has been served personally in the manner
provided for service of process of a civil action or sent by certified mail to the last known address of the
lessee, whichever shall occur later, shall be evidence of intent to violate this clause. Service by certified
mail shall be deemed to be complete upon deposit in the United States mail of such demand, postpaid
and addressed to the person at the address for the person set forth in the lease or rental agreement, or, in
the absence of the address, to the person's last known place of residence; or
(10) alters, removes, or obliterates numbers or symbols placed on movable property for purpose of
identification by the owner or person who has legal custody or right to possession thereof with the intent
3 of 6 8/19/2011 2:24 PM

to prevent identification, if the person who alters, removes, or obliterates the numbers or symbols is not
the owner and does not have the permission of the owner to make the alteration, removal, or
obliteration; or
(11) with the intent to prevent the identification of property involved, so as to deprive the rightful
owner of possession thereof, alters or removes any permanent serial number, permanent distinguishing
number or manufacturer's identification number on personal property or possesses, sells or buys any
personal property knowing or having reason to know that the permanent serial number, permanent
distinguishing number or manufacturer's identification number has been removed or altered; or
(12) intentionally deprives another of a lawful charge for cable television service by:
(i) making or using or attempting to make or use an unauthorized external connection outside the
individual dwelling unit whether physical, electrical, acoustical, inductive, or other connection; or by
(ii) attaching any unauthorized device to any cable, wire, microwave, or other component of a
licensed cable communications system as defined in chapter 238. Nothing herein shall be construed to
prohibit the electronic video rerecording of program material transmitted on the cable communications
system by a subscriber for fair use as defined by Public Law 94-553, section 107; or
(13) except as provided in clauses (12) and (14), obtains the services of another with the intention
of receiving those services without making the agreed or reasonably expected payment of money or
other consideration; or
(14) intentionally deprives another of a lawful charge for telecommunications service by:
(i) making, using, or attempting to make or use an unauthorized connection whether physical,
electrical, by wire, microwave, radio, or other means to a component of a local telecommunication
system as provided in chapter 237; or
(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other component of a
local telecommunication system as provided in chapter 237.
The existence of an unauthorized connection is prima facie evidence that the occupier of the
premises:
(A) made or was aware of the connection; and
(B) was aware that the connection was unauthorized;
(15) with intent to defraud, diverts corporate property other than in accordance with general
business purposes or for purposes other than those specified in the corporation's articles of
incorporation; or
(16) with intent to defraud, authorizes or causes a corporation to make a distribution in violation of
section 302A.551, or any other state law in conformity with it; or
(17) takes or drives a motor vehicle without the consent of the owner or an authorized agent of the
owner, knowing or having reason to know that the owner or an authorized agent of the owner did not
give consent.
Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000,
or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000
and the conviction is for a violation of subdivision 2, clause (3), (4), (15), or (16), or section 609.2335,
4 of 6 8/19/2011 2:24 PM

subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an
article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in
Schedule I or II pursuant to section 152.02 with the exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000,
or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than $5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to
section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than $1,000 and the
person has been convicted within the preceding five years for an offense under this section, section
256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or
609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with
any of those sections, and the person received a felony or gross misdemeanor sentence for the offense,
or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000, and any of the following
circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin containing a
corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or
deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its removal
therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of
battle; or
(iv) the property consists of public funds belonging to the state or to any political subdivision or
agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or
both, if the value of the property or services stolen is more than $500 but not more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less, to
imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both,
provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), and (13), the value
of the money or property or services received by the defendant in violation of any one or more of the
above provisions within any six-month period may be aggregated and the defendant charged accordingly
in applying the provisions of this subdivision; provided that when two or more offenses are committed
by the same person in two or more counties, the accused may be prosecuted in any county in which one
of the offenses was committed for all of the offenses aggregated under this paragraph.
Subd. 3a. Enhanced penalty. If a violation of this section creates a reasonably foreseeable risk of
5 of 6 8/19/2011 2:24 PM

bodily harm to another, the penalties described in subdivision 3 are enhanced as follows:
(1) if the penalty is a misdemeanor or a gross misdemeanor, the person is guilty of a felony and may
be sentenced to imprisonment for not more than three years or to payment of a fine of not more than
$5,000, or both; and
(2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent longer
than for the underlying crime.
Subd. 4. Wrongfully obtained public assistance; consideration of disqualification. When
determining the sentence for a person convicted of theft by wrongfully obtaining public assistance, as
defined in section 256.98, subdivision 1, the court shall consider the fact that, under section 256.98,
subdivision 8, the person will be disqualified from receiving public assistance as a result of the person's
conviction.
History: 1963c 753art 1 s 609.52; 1967 c 178 s 1; Ex1967 c 15s 1-3; 1971c 23 s 55; 1971c 25 s
92; 1971c 697s 1; 1971c 717s 1; 1971c 796s 1; 1971c 845s 14; 1975 c 244 s 1; 1976 c 112 s 1;
1976c 188s 6; 1977c 396s 1; 1978c 674s 60; 1979 c 258 s 15; 1981c 120s 1; 1981c 299s 1; 1983
c 238 s 1; 1983 c 331 s 10; 1984 c 419s 1; 1984 c 466s 1; 1984 c 483s 1; 1984 c 628art 3 s 5; 1985 c
243 s 7,8; 1986c 378s 1; 1986c 435s 10; 1986 c 444; 1987 c 254 s 9; 1987 c 329 s 8-10; 1988 c 712 s
7; 1989 c 290art 7 s 5; 1991 c 279 s 32; 1991c 292art 5 s 80; 1992c 510art 2s 14; 1994 c 636 art 2s
41; 1995c 244s 20; 1996 c 408 art 3 s 31,32; 1997 c 66 s 79; 1997 c 239 art 3 s 17; 1998c 367art 2s
18; 1999c 76 s 1,2; 1999c 218s 2; 2004c 228art 1s 72; 2005 c 136 art 17 s 31; 2007c 54 art 2 s 8,9;
2009c 119s 9
6 of 6 8/19/2011 2:24 PM

609.5317 REAL PROPERTY; SEIZURES.
Subdivision 1. Rental property. (a) When contraband or a controlled substance manufactured,
distributed, or acquired in violation of chapter 152 is seized on residential rental property incident to a
lawful search or arrest, the county attorney shall give the notice required by this subdivision to (1) the
landlord of the property or the fee owner identified in the records of the county assessor, and (2) the
agent authorized by the owner to accept service pursuant to section 504B.181. The notice is not
required during an ongoing investigation. The notice shall state what has been seized and specify the
applicable duties and penalties under this subdivision. The notice shall state that the landlord who
chooses to assign the right to bring an eviction action retains all rights and duties, including removal of a
tenant's personal property following issuance of the writ of restitution and delivery of the writ to the
sheriff for execution. The notice shall also state that the landlord may contact the county attorney if
threatened by the tenant. Notice shall be sent by certified letter, return receipt requested, within 30 days
of the seizure. If receipt is not returned, notice shall be given in the manner provided by law for service
of summons in a civil action.
(b) Within 15 days after notice of the first occurrence, the landlord shall bring, or assign to the
county attorney of the county in which the real property is located, the right to bring an eviction action
against the tenant. The assignment must be in writing on a form prepared by the county attorney. Should
the landlord choose to assign the right to bring an eviction action, the assignment shall be limited to
those rights and duties up to and including delivery of the writ of restitution to the sheriff for execution.
(c) Upon notice of a second occurrence on any residential rental property owned by the same
landlord in the same county and involving the same tenant, and within one year after notice of the first
occurrence, the property is subject to forfeiture under sections 609.531, 609.5311, 609.5313, and
609.5315, unless an eviction action has been commenced as provided in paragraph (b) or the right to
bring an eviction action was assigned to the county attorney as provided in paragraph (b). If the right
has been assigned and not previously exercised, or if the county attorney requests an assignment and the
landlord makes an assignment, the county attorney may bring an eviction action rather than an action
for forfeiture.
(d) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the
purposes of forfeiture as described in paragraphs (a) to (c).
Subd. 2. Additional remedies. Nothing in subdivision 1 prevents the county attorney from
proceeding under section 609.5311 whenever that section applies.
Subd. 3. Defenses. It is a defense against a proceeding under subdivision 1, paragraph (b), that the
tenant had no knowledge or reason to know of the presence of the contraband or controlled substance or
could not prevent its being brought onto the property.
It is a defense against a proceeding under subdivision 1, paragraph (c), that the landlord made every
reasonable attempt to evict a tenant or to assign the county attorney the right to bring an eviction action
against the tenant, or that the landlord did not receive notice of the seizure.
Subd. 4. Limitations. This section shall not apply if the retail value of the controlled substance is
less than $100, but this section does not subject real property to forfeiture under section 609.5311
unless the retail value of the controlled substance is: (1) $1,000 or more; or (2) there have been two
previous controlled substance seizures involving the same tenant.
1 of 2 8/19/2011 2:25 PM

609.582 BURGLARY.
Subdivision 1. Burglary in the first degree. Whoever enters a building without consent and with
intent to commit a crime, or enters a building without consent and commits a crime while in the building,
either directly or as an accomplice, commits burglary in the first degree and may be sentenced to
imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, if:
(a) the building is a dwelling and another person, not an accomplice, is present in it when the
burglar enters or at any time while the burglar is in the building;
(b) the burglar possesses, when entering or at any time while in the building, any of the following: a
dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it
to be a dangerous weapon, or an explosive; or
(c) the burglar assaults a person within the building or on the building's appurtenant property.
Subd. 1a. Mandatory minimum sentence for burglary of occupied dwelling. A person convicted of
committing burglary of an occupied dwelling, as defined in subdivision 1, clause (a), must be committed
to the commissioner of corrections or county workhouse for not less than six months.
Subd. 2. Burglary in the second degree. (a) Whoever enters a building without consent and with
intent to commit a crime, or enters a building without consent and commits a crime while in the building,
either directly or as an accomplice, commits burglary in the second degree and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if:
(1) the building is a dwelling;
(2) the portion of the building entered contains a banking business or other business of receiving
securities or other valuable papers for deposit or safekeeping and the entry is with force or threat of
force;
(3) the portion of the building entered contains a pharmacy or other lawful business or practice in
which controlled substances are routinely held or stored, and the entry is forcible; or
(4) when entering or while in the building, the burglar possesses a tool to gain access to money or
property.
(b) Whoever enters a government building, religious establishment, historic property, or school
building without consent and with intent to commit a crime under section 609.52 or 609.595, or enters a
government building, religious establishment, historic property, or school building without consent and
commits a crime under section 609.52 or 609.595 while in the building, either directly or as an
accomplice, commits burglary in the second degree and may be sentenced to imprisonment for not more
than ten years or to payment of a fine of not more than $20,000, or both.
Subd. 3. Burglary in the third degree. Whoever enters a building without consent and with intent
to steal or commit any felony or gross misdemeanor while in the building, or enters a building without
consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as
an accomplice, commits burglary in the third degree and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both.
Subd. 4. Burglary in the fourth degree. Whoever enters a building without consent and with intent
to commit a misdemeanor other than to steal, or enters a building without consent and commits a
misdemeanor other than to steal while in the building, either directly or as an accomplice, commits
1 of 2 8/19/2011 2:25 PM

burglary in the fourth degree and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
History: 1983c 321s 2; 1984c 628art 3 s 6; 1986 c 470 s 19; 1988c 712s 9-12; 1993 c 326 art
13 s 33; 1995 c 244s 22; 1998c 367art 2s 21; 2007 c 54art 2 s 15
2 of 2 8/19/2011 2:25 PM

609.595 DAMAGE TO PROPERTY.
Subdivision 1. Criminal damage to property in the first degree. Whoever intentionally causes
damage to physical property of another without the latter's consent may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both, if:
(1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or
(2) the property damaged belongs to a common carrier and the damage impairs the service to the
public rendered by the carrier; or
(3) the damage reduces the value of the property by more than $1,000 measured by the cost of
repair and replacement; or
(4) the damage reduces the value of the property by more than $500 measured by the cost of repair
and replacement and the defendant has been convicted within the preceding three years of an offense
under this subdivision or subdivision 2.
In any prosecution under clause (3), the value of any property damaged by the defendant in
violation of that clause within any six-month period may be aggregated and the defendant charged
accordingly in applying the provisions of this section; provided that when two or more offenses are
committed by the same person in two or more counties, the accused may be prosecuted in any county in
which one of the offenses was committed for all of the offenses aggregated under this paragraph.
Subd. 1a. Criminal damage to property in the second degree. (a) Whoever intentionally causes
damage described in subdivision 2, paragraph (a), because of the property owner's or another's actual or
perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or
national origin is guilty of a felony and may be sentenced to imprisonment for not more than one year
and a day or to payment of a fine of not more than $3,000, or both.
(b) In any prosecution under paragraph (a), the value of property damaged by the defendant in
violation of that paragraph within any six-month period may be aggregated and the defendant charged
accordingly in applying this section. When two or more offenses are committed by the same person in
two or more counties, the accused may be prosecuted in any county in which one of the offenses was
committed for all of the offenses aggregated under this paragraph.
Subd. 2. Criminal damage to property in the third degree. (a) Except as otherwise provided in
subdivision 1a, whoever intentionally causes damage to another person's physical property without the
other person's consent may be sentenced to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both, if the damage reduces the value of the property by more than
$500 but not more than $1,000 as measured by the cost of repair and replacement.
(b) Whoever intentionally causes damage to another person's physical property without the other
person's consent because of the property owner's or another's actual or perceived race, color, religion,
sex, sexual orientation, disability as defined in section 363A.03, age, or national origin may be
sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both, if the damage reduces the value of the property by not more than $500.
(c) In any prosecution under paragraph (a), the value of property damaged by the defendant in
violation of that paragraph within any six-month period may be aggregated and the defendant charged
accordingly in applying this section. When two or more offenses are committed by the same person in
1 of 2 8/19/2011 2:26 PM

two or more counties, the accused may be prosecuted in any county in which one of the offenses was
committed for all of the offenses aggregated under this paragraph.
Subd. 3. Criminal damage to property in the fourth degree. Whoever intentionally causes damage
described in subdivision 2 under any other circumstances is guilty of a misdemeanor.
History: 1963c 753art 1 s 609.595; 1971c 23 s 60; 1977c 355s 11; 1979 c 258 s 18; 1984 c 421
s 1; 1984 c 628 art 3s 11; 1987 c 329s 11; 1989c 261s 2-4; 2002 c 401 art 1s 17; 2007 c 54art 2s
17,18
2 of 2 8/19/2011 2:26 PM

609.605 TRESPASS.
Subdivision 1. Misdemeanor. (a) The following terms have the meanings given them for purposes
of this section.
(1) "Premises" means real property and any appurtenant building or structure.
(2) "Dwelling" means the building or part of a building used by an individual as a place of residence
on either a full-time or a part-time basis. A dwelling may be part of a multidwelling or multipurpose
building, or a manufactured home as defined in section 168.002, subdivision 16.
(3) "Construction site" means the site of the construction, alteration, painting, or repair of a
building or structure.
(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the person on whose
behalf a building or dwelling is being constructed, altered, painted, or repaired and the general
contractor or subcontractor engaged in that work.
(5) "Posted," as used:
(i) in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches by 11 inches in a
conspicuous place on the exterior of the building, or in a conspicuous place within the property on
which the building is located. The sign must carry a general notice warning against trespass;
(ii) in paragraph (b), clause (9), means the placement of a sign at least 8-1/2 inches by 11 inches in
a conspicuous place on the exterior of the building that is under construction, alteration, or repair, or in
a conspicuous place within the area being protected. If the area being protected is less than three acres,
one additional sign must be conspicuously placed within that area. If the area being protected is three
acres but less than ten acres, two additional signs must be conspicuously placed within that area. For
each additional full ten acres of area being protected beyond the first ten acres of area, two additional
signs must be conspicuously placed within the area being protected. The sign must carry a general notice
warning against trespass; and
(iii) in paragraph (b), clause (10), means the placement of signs that:
(A) carry a general notice warning against trespass;
(B) display letters at least two inches high;
(C) state that Minnesota law prohibits trespassing on the property; and
(D) are posted in a conspicuous place and at intervals of 500 feet or less.
(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative of a building
trades labor or management organization.
(7) "Building" has the meaning given in section 609.581, subdivision 2.
(b) A person is guilty of a misdemeanor if the person intentionally:
(1) permits domestic animals or fowls under the actor's control to go on the land of another within a
city;
(2) interferes unlawfully with a monument, sign, or pointer erected or marked to designate a point
of a boundary, line or a political subdivision, or of a tract of land;
1 of 4 8/19/2011 2:27 PM

(3) trespasses on the premises of another and, without claim of right, refuses to depart from the
premises on demand of the lawful possessor;
(4) occupies or enters the dwelling or locked or posted building of another, without claim of right or
consent of the owner or the consent of one who has the right to give consent, except in an emergency
situation;
(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or vegetables
growing on the premises, without the permission of the owner or occupant;
(6) enters or is found on the premises of a public or private cemetery without authorization during
hours the cemetery is posted as closed to the public;
(7) returns to the property of another with the intent to abuse, disturb, or cause distress in or
threaten another, after being told to leave the property and not to return, if the actor is without claim of
right to the property or consent of one with authority to consent;
(8) returns to the property of another within one year after being told to leave the property and not
to return, if the actor is without claim of right to the property or consent of one with authority to
consent;
(9) enters the locked or posted construction site of another without the consent of the owner or
lawful possessor, unless the person is a business licensee;
(10) enters the locked or posted aggregate mining site of another without the consent of the owner
or lawful possessor, unless the person is a business licensee; or
(11) crosses into or enters any public or private area lawfully cordoned off by or at the direction of
a peace officer engaged in the performance of official duties. As used in this clause: (i) an area may be
"cordoned off" through the use of tape, barriers, or other means conspicuously placed and identifying
the area as being restricted by a peace officer and identifying the responsible authority; and (ii) "peace
officer" has the meaning given in section 626.84, subdivision 1. It is an affirmative defense to a charge
under this clause that a peace officer permitted entry into the restricted area.
Subd. 2. Gross misdemeanor. Whoever trespasses upon the grounds of a facility providing
emergency shelter services for battered women, as defined under section 611A.31, subdivision 3, or of a
facility providing transitional housing for battered women and their children, without claim of right or
consent of one who has right to give consent, and refuses to depart from the grounds of the facility on
demand of one who has right to give consent, is guilty of a gross misdemeanor.
Subd. 4. Trespasses on school property. (a) It is a misdemeanor for a person to enter or be found
in a public or nonpublic elementary, middle, or secondary school building unless the person:
(1) is an enrolled student in, a parent or guardian of an enrolled student in, or an employee of the
school or school district;
(2) has permission or an invitation from a school official to be in the building;
(3) is attending a school event, class, or meeting to which the person, the public, or a student's
family is invited; or
(4) has reported the person's presence in the school building in the manner required for visitors to
the school.
2 of 4 8/19/2011 2:27 PM

(b) It is a misdemeanor for a person to be on the roof of a public or nonpublic elementary, middle,
or secondary school building unless the person has permission from a school official to be on the roof of
the building.
(c) It is a gross misdemeanor for a group of three or more persons to enter or be found in a public or
nonpublic elementary, middle, or secondary school building unless one of the persons:
(1) is an enrolled student in, a parent or guardian of an enrolled student in, or an employee of the
school or school district;
(2) has permission or an invitation from a school official to be in the building;
(3) is attending a school event, class, or meeting to which the person, the public, or a student's
family is invited; or
(4) has reported the person's presence in the school building in the manner required for visitors to
the school.
(d) It is a misdemeanor for a person to enter or be found on school property within one year after
being told by the school principal or the principal's designee to leave the property and not to return,
unless the principal or the principal's designee has given the person permission to return to the property.
As used in this paragraph, "school property" has the meaning given in section 152.01, subdivision 14a,
clauses (1) and (3).
(e) A school principal or a school employee designated by the school principal to maintain order on
school property, who has reasonable cause to believe that a person is violating this subdivision may
detain the person in a reasonable manner for a reasonable period of time pending the arrival of a peace
officer. A school principal or designated school employee is not civilly or criminally liable for any action
authorized under this paragraph if the person's action is based on reasonable cause.
(f) A peace officer may arrest a person without a warrant if the officer has probable cause to
believe the person violated this subdivision within the preceding four hours. The arrest may be made
even though the violation did not occur in the peace officer's presence.
Subd. 5. Certain trespass on agricultural land. (a) A person is guilty of a gross misdemeanor if the
person enters the posted premises of another on which cattle, bison, sheep, goats, swine, horses, poultry,
farmed cervidae, farmed ratitae, aquaculture stock, or other species of domestic animals for commercial
production are kept, without the consent of the owner or lawful occupant of the land.
(b) "Domestic animal," for purposes of this section, has the meaning given in section 609.599.
(c) "Posted," as used in paragraph (a), means the placement of a sign at least 11 inches square in a
conspicuous place at each roadway entry to the premises. The sign must provide notice of a biosecurity
area and wording such as: "Biosecurity measures are in force. No entrance beyond this point without
authorization." The sign may also contain a telephone number or a location for obtaining such
authorization.
(d) The provisions of this subdivision do not apply to employees or agents of the state or county
when serving in a regulatory capacity and conducting an inspection on posted premises where domestic
animals are kept.
History: 1963c 753art 1 s 609.605; 1971c 23 s 62; 1973c 123art 5s 7; 1976c 251s 1; 1978 c
512 s 1; 1981 c 365s 9; 1982 c 408 s 2; 1985 c 159 s 2; 1986 c 444; 1987 c 307 s 3; 1989 c 5 s 9; 1989
c 261 s 5; 1990 c 426 art 1s 54; 1993 c 326art 1 s 14; art 2 s 13; art 4 s 32; 1993c 366s 13; 1994 c
3 of 4 8/19/2011 2:27 PM

609.606 UNLAWFUL OUSTER OR EXCLUSION.
A landlord, agent of the landlord, or person acting under the landlord's direction or control who
unlawfully and intentionally removes or excludes a tenant from lands or tenements or intentionally
interrupts or causes the interruption of electrical, heat, gas, or water services to the tenant with intent to
unlawfully remove or exclude the tenant from lands or tenements is guilty of a misdemeanor.
1 of 1 8/19/2011 2:27 PM

609.74 PUBLIC NUISANCE.
Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of
maintaining a public nuisance, which is a misdemeanor:
(1) maintains or permits a condition which unreasonably annoys, injures or endangers the safety,
health, morals, comfort, or repose of any considerable number of members of the public; or
(2) interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way,
or waters used by the public; or
(3) is guilty of any other act or omission declared by law to be a public nuisance and for which no
sentence is specifically provided.
History: 1963c 753art 1 s 609.74; 1971 c 23s 74; 1986 c 444
1 of 1 8/19/2011 2:29 PM

609.746 INTERFERENCE WITH PRIVACY.
Subdivision 1. Surreptitious intrusion; observation device. (a) A person is guilty of a gross
misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house or place of
dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for observing, photographing, recording, amplifying,
or broadcasting sounds or events through the window or any other aperture of a house or place of
dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping room in a
hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable
person would have an expectation of privacy and has exposed or is likely to expose their intimate parts,
as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate
parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for observing, photographing, recording, amplifying,
or broadcasting sounds or events through the window or other aperture of a sleeping room in a hotel, as
defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable person
would have an expectation of privacy and has exposed or is likely to expose their intimate parts, as
defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate
parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(e) A person is guilty of a felony and may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $5,000, or both, if the person:
(1) violates this subdivision after a previous conviction under this subdivision or section 609.749; or
(2) violates this subdivision against a minor under the age of 18, knowing or having reason to know
that the minor is present.
(f) Paragraphs (b) and (d) do not apply to law enforcement officers or corrections investigators, or
to those acting under their direction, while engaged in the performance of their lawful duties. Paragraphs
(c) and (d) do not apply to conduct in: (1) a medical facility; or (2) a commercial establishment if the
owner of the establishment has posted conspicuous signs warning that the premises are under
1 of 2 8/19/2011 2:29 PM

surveillance by the owner or the owner's employees.
History: 1979c 258s 19; 1987 c 307 s 4; 1989 c 261 s 6; 1992 c 571 art 6s 14; 1994 c 636 art 2s
47; 1995c 226art 2s 22; 1997 c 239 art 5s 11; 2005 c 136 art 17s 43
2 of 2 8/19/2011 2:29 PM

609.748 HARASSMENT; RESTRAINING ORDER.
Subdivision 1. Definition. For the purposes of this section, the following terms have the meanings
given them in this subdivision.
(a) "Harassment" includes:
(1) a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted
acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial
adverse effect on the safety, security, or privacy of another, regardless of the relationship between the
actor and the intended target;
(2) targeted residential picketing; and
(3) a pattern of attending public events after being notified that the actor's presence at the event is
harassing to another.
(b) "Respondent" includes any adults or juveniles alleged to have engaged in harassment or
organizations alleged to have sponsored or promoted harassment.
(c) "Targeted residential picketing" includes the following acts when committed on more than one
occasion:
(1) marching, standing, or patrolling by one or more persons directed solely at a particular
residential building in a manner that adversely affects the safety, security, or privacy of an occupant of
the building; or
(2) marching, standing, or patrolling by one or more persons which prevents an occupant of a
residential building from gaining access to or exiting from the property on which the residential building
is located.
Subd. 2. Restraining order; jurisdiction. A person who is a victim of harassment may seek a
restraining order from the district court in the manner provided in this section. The parent, guardian, or
stepparent of a minor who is a victim of harassment may seek a restraining order from the district court
on behalf of the minor.
Subd. 3. Contents of petition; hearing; notice. (a) A petition for relief must allege facts sufficient
to show the following:
(1) the name of the alleged harassment victim;
(2) the name of the respondent; and
(3) that the respondent has engaged in harassment.
A petition for relief must state whether the petitioner has had a previous restraining order in effect
against the respondent. The petition shall be accompanied by an affidavit made under oath stating the
specific facts and circumstances from which relief is sought. The court shall provide simplified forms
and clerical assistance to help with the writing and filing of a petition under this section and shall advise
the petitioner of the right to sue in forma pauperis under section 563.01. The court shall advise the
petitioner of the right to request a hearing. If the petitioner does not request a hearing, the court shall
advise the petitioner that the respondent may request a hearing and that notice of the hearing date and
time will be provided to the petitioner by mail at least five days before the hearing. Upon receipt of the
petition and a request for a hearing by the petitioner, the court shall order a hearing. Personal service
1 of 5 8/19/2011 2:30 PM

must be made upon the respondent not less than five days before the hearing. If personal service cannot
be completed in time to give the respondent the minimum notice required under this paragraph, the court
may set a new hearing date. Nothing in this section shall be construed as requiring a hearing on a matter
that has no merit.
(b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued under
subdivision 4 may be served on the respondent by means of a one-week published notice under section
645.11, if:
(1) the petitioner files an affidavit with the court stating that an attempt at personal service made
by a sheriff was unsuccessful because the respondent is avoiding service by concealment or otherwise;
and
(2) a copy of the petition and order for hearing and any temporary restraining order has been mailed
to the respondent at the respondent's residence or place of business, if the respondent is an organization,
or the respondent's residence or place of business is not known to the petitioner.
(c) Regardless of the method of service, if the respondent is a juvenile, whenever possible, the court
also shall have notice of the pendency of the case and of the time and place of the hearing served by
mail at the last known address upon any parent or guardian of the juvenile respondent who is not the
petitioner.
(d) A request for a hearing under this subdivision must be made within 45 days of the filing or
receipt of the petition.
Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this section are
waived for the petitioner if the petition alleges acts that would constitute a violation of section 609.749,
subdivision 2 or 3, or sections 609.342 to 609.3451. The court administrator and the sheriff of any
county in this state shall perform their duties relating to service of process without charge to the
petitioner. The court shall direct payment of the reasonable costs of service of process if served by a
private process server when the sheriff is unavailable or if service is made by publication. The court may
direct a respondent to pay to the court administrator the petitioner's filing fees and reasonable costs of
service of process if the court determines that the respondent has the ability to pay the petitioner's fees
and costs.
Subd. 4. Temporary restraining order. (a) The court may issue a temporary restraining order
ordering the respondent to cease or avoid the harassment of another person or to have no contact with
that person if the petitioner files a petition in compliance with subdivision 3 and if the court finds
reasonable grounds to believe that the respondent has engaged in harassment. When a petition alleges
harassment as defined by subdivision 1, paragraph (a), clause (1), the petition must further allege an
immediate and present danger of harassment before the court may issue a temporary restraining order
under this section. When signed by a referee, the temporary order becomes effective upon the referee's
signature.
(b) Notice need not be given to the respondent before the court issues a temporary restraining order
under this subdivision. A copy of the restraining order must be served on the respondent along with the
order for hearing and petition, as provided in subdivision 3. If the respondent is a juvenile, whenever
possible, a copy of the restraining order, along with notice of the pendency of the case and the time and
place of the hearing, shall also be served by mail at the last known address upon any parent or guardian
of the juvenile respondent who is not the petitioner. A temporary restraining order may be entered only
against the respondent named in the petition.
2 of 5 8/19/2011 2:30 PM

(c) The temporary restraining order is in effect until a hearing is held on the issuance of a
restraining order under subdivision 5. The court shall hold the hearing on the issuance of a restraining
order if the petitioner requests a hearing. The hearing may be continued by the court upon a showing
that the respondent has not been served with a copy of the temporary restraining order despite the
exercise of due diligence or if service is made by published notice under subdivision 3 and the petitioner
files the affidavit required under that subdivision.
(d) If the temporary restraining order has been issued and the respondent requests a hearing, the
hearing shall be scheduled by the court upon receipt of the respondent's request. Service of the notice of
hearing must be made upon the petitioner not less than five days prior to the hearing. The court shall
serve the notice of the hearing upon the petitioner by mail in the manner provided in the Rules of Civil
Procedure for pleadings subsequent to a complaint and motions and shall also mail notice of the date
and time of the hearing to the respondent. In the event that service cannot be completed in time to give
the respondent or petitioner the minimum notice required under this subdivision, the court may set a
new hearing date.
(e) A request for a hearing under this subdivision must be made within 45 days after the temporary
restraining order is issued.
Subd. 5. Restraining order. (a) The court may grant a restraining order ordering the respondent to
cease or avoid the harassment of another person or to have no contact with that person if all of the
following occur:
(1) the petitioner has filed a petition under subdivision 3;
(2) the sheriff has served respondent with a copy of the temporary restraining order obtained under
subdivision 4, and with notice of the right to request a hearing, or service has been made by publication
under subdivision 3, paragraph (b); and
(3) the court finds at the hearing that there are reasonable grounds to believe that the respondent
has engaged in harassment.
A restraining order may be issued only against the respondent named in the petition; except that if the
respondent is an organization, the order may be issued against and apply to all of the members of the
organization. If the court finds that the petitioner has had two or more previous restraining orders in
effect against the same respondent or the respondent has violated a prior or existing restraining order on
two or more occasions, relief granted by the restraining order may be for a period of up to 50 years. In
all other cases, relief granted by the restraining order must be for a fixed period of not more than two
years. When a referee presides at the hearing on the petition, the restraining order becomes effective
upon the referee's signature.
(b) An order issued under this subdivision must be personally served upon the respondent.
(c) If the court orders relief for a period of up to 50 years under paragraph (a), the respondent
named in the restraining order may request to have the restraining order vacated or modified if the order
has been in effect for at least five years and the respondent has not violated the order. Application for
relief under this paragraph must be made in the county in which the restraining order was issued. Upon
receipt of the request, the court shall set a hearing date. Personal service must be made upon the
petitioner named in the restraining order not less than 30 days before the date of the hearing. At the
hearing, the respondent named in the restraining order has the burden of proving by a preponderance of
the evidence that there has been a material change in circumstances and that the reasons upon which the
3 of 5 8/19/2011 2:30 PM

court relied in granting the restraining order no longer apply and are unlikely to occur. If the court finds
that the respondent named in the restraining order has met the burden of proof, the court may vacate or
modify the order. If the court finds that the respondent named in the restraining order has not met the
burden of proof, the court shall deny the request and no request may be made to vacate or modify the
restraining order until five years have elapsed from the date of denial. An order vacated or modified
under this paragraph must be personally served on the petitioner named in the restraining order.
Subd. 6. Violation of restraining order. (a) A person who violates a restraining order issued under
this section is subject to the penalties provided in paragraphs (b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary restraining order or a
restraining order is granted under this section and the respondent knows of the order, violation of the
order is a misdemeanor.
(c) A person is guilty of a gross misdemeanor who knowingly violates the order within ten years of
a previous qualified domestic violence-related offense conviction or adjudication of delinquency.
(d) A person is guilty of a felony and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both, if the person knowingly violates the
order:
(1) within ten years of the first of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency;
(2) because of the victim's or another's actual or perceived race, color, religion, sex, sexual
orientation, disability as defined in section 363A.03, age, or national origin;
(3) by falsely impersonating another;
(4) while possessing a dangerous weapon;
(5) with an intent to influence or otherwise tamper with a juror or a judicial proceeding or with
intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense
attorney, or officer of the court, because of that person's performance of official duties in connection
with a judicial proceeding; or
(6) against a victim under the age of 18, if the respondent is more than 36 months older than the
victim.
(e) A peace officer shall arrest without a warrant and take into custody a person whom the peace
officer has probable cause to believe has violated an order issued under subdivision 4 or 5 if the
existence of the order can be verified by the officer.
(f) A violation of a temporary restraining order or restraining order shall also constitute contempt of
court.
(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested party
designated by the court, alleging that the respondent has violated an order issued under subdivision 4 or
5, the court may issue an order to the respondent requiring the respondent to appear within 14 days and
show cause why the respondent should not be held in contempt of court. The court also shall refer the
violation of the order to the appropriate prosecuting authority for possible prosecution under paragraph
(b), (c), or (d).
Subd. 7. Copy to law enforcement agency. An order granted under this section shall be forwarded
by the court administrator within 24 hours to the local law enforcement agency with jurisdiction over
4 of 5 8/19/2011 2:30 PM

the residence of the applicant. Each appropriate law enforcement agency shall make available to other
law enforcement officers through a system for verification, information as to the existence and status of
any order issued under this section.
Subd. 8. Notice. (a) An order granted under this section must contain a conspicuous notice to the
respondent:
(1) of the specific conduct that will constitute a violation of the order;
(2) that violation of an order is either (i) a misdemeanor punishable by imprisonment for up to 90
days or a fine of up to $1,000, or both, (ii) a gross misdemeanor punishable by imprisonment for up to
one year or a fine of up to $3,000, or both, or (iii) a felony punishable by imprisonment for up to five
years or a fine of up to $10,000, or both; and
(3) that a peace officer must arrest without warrant and take into custody a person if the peace
officer has probable cause to believe the person has violated a restraining order.
(b) If the court grants relief for a period of up to 50 years under subdivision 5, the order must also
contain a conspicuous notice to the respondent that the respondent must wait five years to seek a
modification of the order.
Subd. 9. Effect on local ordinances. Nothing in this section shall supersede or preclude the
continuation or adoption of any local ordinance which applies to a broader scope of targeted residential
picketing conduct than that described in subdivision 1.
Subd. 10. Prohibition against employer retaliation. (a) An employer shall not discharge,
discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee's
compensation, terms, conditions, location, or privileges of employment, because the employee took
reasonable time off from work to obtain or attempt to obtain relief under this section. Except in cases of
imminent danger to the health or safety of the employee or the employee's child, or unless
impracticable, an employee who is absent from the workplace shall give 48 hours' advance notice to the
employer. Upon request of the employer, the employee shall provide verification that supports the
employee's reason for being absent from the workplace. All information related to the employee's leave
pursuant to this section shall be kept confidential by the employer.
(b) An employer who violates paragraph (a) is guilty of a misdemeanor and may be punished for
contempt of court. In addition, the court shall order the employer to pay back wages and offer job
reinstatement to any employee discharged from employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law, an employee injured by a violation of
paragraph (a) may bring a civil action for recovery of damages, together with costs and disbursements,
including reasonable attorneys fees, and may receive such injunctive and other equitable relief,
including reinstatement, as determined by the court.
History: 1990c 461s 5; 1991c 170s 1,2; 1992 c 571 art 6s 15-17; 1993 c 326 art 2 s 14-21;
1Sp1993 c 5s 4; 1994 c 636 art 2 s 48; 1995c 226art 6 s 13; 1995c 259 art 3s 17; 1997 c 96s 5;
1997c 239art 11 s 5; 1998 c 367 art 5 s 8,9; 2000 c 476 s 1-3; 1Sp2001 c 8 art 10 s 13,14; 1Sp2003 c 2
art 8s 14-16; 2004 c 145s 2; 2004 c 228art 1s 72; 2005 c 136 art 8 s 21; 2005c 136art 17s 44-45;
2006c 260art 1s 28; 2008 c 316 s 6-8
5 of 5 8/19/2011 2:30 PM

617 - ABORTION; OBSCENITY; NUISANCE, 2010 Minnesota Statutes https://www.revisor.mn.gov/statutes/?id=617&view=chapter
only the portion of the building within or outside the structure in which a nuisance is maintained or
permitted, such as a dwelling unit, room, suite of rooms, office, common area, storage area, garage, or
parking area.
Subd. 3. Movable property. "Movable property" means furniture and fixtures.
Subd. 4. Prostitution; prostitution-related activity. "Prostitution" or "prostitution-related activity"
means conduct that would violate sections 609.321 to 609.324.
Subd. 5. Gambling; gambling-related activity. "Gambling" or "gambling-related activity" means
conduct that would violate sections 609.75 to 609.762.
Subd. 6. [Repealed, 1997 c 100 s 5]
Subd. 7. Owner. "Owner," for purposes of sections 617.80 to 617.87, means a person having legal
title to the premises, a mortgagee or vendee in possession, a trustee in bankruptcy, a receiver, or any
other person having legal ownership or control of the premises.
Subd. 7a. Occupant. "Occupant" means a person who occupies or resides in a building or rental
unit with the permission of the owner or a tenant or lessee.
Subd. 8. Interested party. "Interested party," for purposes of sections 617.80 to 617.87, means any
known lessee or tenant of a building or affected portion of a building; any known agent of an owner,
lessee, or tenant; or any other person who maintains or permits a nuisance and is known to the city
attorney, county attorney, or attorney general.
Subd. 9. Prosecuting attorney. "Prosecuting attorney" means the attorney general, county
attorney, city attorney, or attorney serving the jurisdiction where the nuisance is located.
History: 1987c 283s 1; 1991c 193s 5; 1995c 244s 26-30; 2009c 123s 15,16
617.81 NUISANCE; ACTS CONSTITUTING; INJUNCTION; NOTICE.
Subdivision 1. Injunction. In order to obtain a temporary injunction under section 617.82 or a
permanent injunction or order of abatement under section 617.83, the provisions of sections 617.80 to
617.87 must be followed.
Subd. 2. Acts constituting a nuisance. (a) For purposes of sections 617.80 to 617.87, a public
nuisance exists (1) upon proof of one or more separate behavioral incidents described in item (i), (v),
(viii), or (ix), or (2) upon proof of two or more separate behavioral incidents described in item (ii), (iii),
(iv), (vi), (vii), or (x), committed within the previous 12 months within the building:
(i) prostitution or prostitution-related activity committed within the building;
(ii) gambling or gambling-related activity committed within the building;
(iii) maintaining a public nuisance in violation of section 609.74, clause (1) or (3);
(iv) permitting a public nuisance in violation of section 609.745;
(v) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of
controlled substances committed within the building;
(vi) unlicensed sales of alcoholic beverages committed within the building in violation of section
340A.401;
(vii) unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within the
building in violation of section 340A.503, subdivision 2, clause (1);
(viii) unlawful sales or gifts of alcoholic beverages committed within the building in violation of
20 of 26 8/19/2011 2:31 PM

section 340A.401 or 340A.503, subdivision 2, clause (1), if multiple violations occur during the same
behavioral incident when the building is not occupied by the owner or a tenant, lessee, or occupant;
(ix) unlawful use or possession of a dangerous weapon as defined in section 609.02, subdivision 6,
committed within the building; or
(x) violation by a commercial enterprise of local or state business licensing regulations, ordinances,
or statutes prohibiting the maintenance of a public nuisance as defined in section 609.74 or the control
of a public nuisance as defined in section 609.745.
(b) If the building contains more than one rental unit, two or more behavioral incidents must consist
of conduct:
(1) anywhere in the building by the same tenant, lessee, occupant, or persons acting in conjunction
with or under the control of the same tenant, lessee, or occupant;
(2) by any persons within the same rental unit while occupied by the same tenant, lessee, or
occupant, or within two or more rental units while occupied by the same tenant, lessee, or occupant; or
(3) by the owner of the building or persons acting in conjunction with or under the control of the
owner.
(c) Proof of a nuisance exists if each of the elements of the conduct constituting the nuisance is
established by clear and convincing evidence.
Subd. 2a. [Repealed, 1995 c 244 s 42]
Subd. 3. [Repealed, 1995 c 244 s 42]
Subd. 4. Notice. (a) If a prosecuting attorney has reason to believe that a nuisance is maintained or
permitted in the jurisdiction the prosecuting attorney serves, and intends to seek abatement of the
nuisance, the prosecuting attorney shall provide the written notice described in paragraph (b), by
personal service or certified mail, return receipt requested, to all owners and interested parties known to
the prosecuting attorney.
(b) The written notice must:
(1) state that a nuisance as defined in subdivision 2 is maintained or permitted in the building and
must specify the kind or kinds of nuisance being maintained or permitted;
(2) summarize the evidence that a nuisance is maintained or permitted in the building, including the
date or dates on which nuisance-related activity or activities are alleged to have occurred;
(3) inform the recipient that failure to abate the conduct constituting the nuisance or to otherwise
resolve the matter with the prosecuting attorney within 30 days of service of the notice may result in the
filing of a complaint for relief in district court that could, among other remedies, result in enjoining the
use of the building for any purpose for one year or, in the case of a tenant, lessee, or occupant, could
result in cancellation of the lease; and
(4) inform the owner of the options available under section 617.85.
History: 1987c 283s 2; 1989c 112s 1; 1991c 193s 6-8; 1995c 244 s 31,32; 1996 c 322 s 1;
1997c 100s 1; 1997c 122s 1; 2005c 136art 7s 17; 2008 c 218 s 1; 2009 c 123 s 17,18
617.82 AGREED ABATEMENT PLANS; TEMPORARY ORDER.
(a) If the recipient of a notice under section 617.81, subdivision 4, either abates the conduct constituting
21 of 26 8/19/2011 2:31 PM

the nuisance or enters into an agreed abatement plan within 30 days of service of the notice and
complies with the agreement within the stipulated time period, the prosecuting attorney may not file a
nuisance action on the specified property regarding the nuisance activity described in the notice.
(b) If the recipient fails to comply with the agreed abatement plan, the prosecuting attorney may
initiate a complaint for relief in the district court consistent with paragraph (c).
(c) Whenever a prosecuting attorney has cause to believe that a nuisance described in section
617.81, subdivision 2, exists within the jurisdiction the attorney serves, the prosecuting attorney may by
verified petition seek a temporary injunction in district court in the county in which the alleged public
nuisance exists, provided that at least 30 days have expired since service of the notice required under
section 617.81, subdivision 4. No temporary injunction may be issued without a prior show cause notice
of hearing to the respondents named in the petition and an opportunity for the respondents to be heard.
Upon proof of a nuisance described in section 617.81, subdivision 2, the court shall issue a temporary
injunction. Any temporary injunction issued must describe the conduct to be enjoined.
History: 1987c 283s 3; 1995c 244s 33; 1997 c 100 s 2; 1997 c 239 art 12 s 9
617.83 INJUNCTION; ORDER OF ABATEMENT.
Upon proof of a nuisance described in section 617.81, subdivision 2, the court shall issue a permanent
injunction and enter an order of abatement, except as otherwise provided by section 617.85. The
permanent injunction must describe the conduct permanently enjoined. The order of abatement must
direct the closing of the building or a portion of it for one year, except as otherwise provided in section
617.84 or 617.85, unless sooner released pursuant to section 617.87. Before an abatement order is
enforced against a building or portion of it, the owner must be served with the abatement order and a
notice of the right to file a motion under section 617.85 in the same manner that a summons is served
under the Rules of Civil Procedure. A copy of the abatement order shall also be posted in a conspicuous
place on the building or affected portion.
History: 1987c 283s 4; 1997c 100s 3
617.84 MOVABLE PROPERTY.
The order of abatement may direct the removal of movable property used in conducting or maintaining
the nuisance and direct the sale of property belonging to a respondent who was notified or appeared.
The sale shall be conducted pursuant to the provisions of chapter 550 on the sale of property on
execution. A person appointed by the court as receiver of the building may use a building or portion of it
which is the subject of an abatement order in a manner approved by the court. Costs of the sale on
execution, moving and storage fees, and any receivership must be paid out of the receipts from the sale
of the movable property or any rents collected during the receivership. The balance from the sale of
movable property must be paid to the owner of the property. The balance from any rents collected
during any receivership shall be paid to the treasury of the unit of government which brought the
abatement action.
617.85 NUISANCE; MOTION TO CANCEL LEASE.
Where notice is provided under section 617.81, subdivision 4, that an abatement of a nuisance is sought
and the circumstances that are the basis for the requested abatement involved the acts of a commercial
or residential tenant or lessee of part or all of a building, the owner of the building that is subject to the
22 of 26 8/19/2011 2:31 PM

abatement proceeding may file before the court that has jurisdiction over the abatement proceeding a
motion to cancel the lease or otherwise secure restitution of the premises from the tenant or lessee who
has maintained or conducted the nuisance. The owner may assign to the prosecuting attorney the right to
file this motion. In addition to the grounds provided in chapter 566, the maintaining or conducting of a
nuisance as defined in section 617.81, subdivision 2, by a tenant or lessee, is an additional ground
authorized by law for seeking the cancellation of a lease or the restitution of the premises. Service of
motion brought under this section must be served in a manner that is sufficient under the Rules of Civil
Procedure and chapter 566.
It is no defense to a motion under this section by the owner or the prosecuting attorney that the
lease or other agreement controlling the tenancy or leasehold does not provide for eviction or
cancellation of the lease upon the ground provided in this section.
Upon a finding by the court that the tenant or lessee has maintained or conducted a nuisance in any
portion of the building, the court shall order cancellation of the lease or tenancy and grant restitution of
the premises to the owner. The court must not order abatement of the premises if the court:
(1) cancels a lease or tenancy and grants restitution of that portion of the premises to the owner;
and
(2) further finds that the act or acts constituting the nuisance as defined in section 617.81,
subdivision 2, were committed by the tenant or lessee whose lease or tenancy has been canceled
pursuant to this section and the tenant or lessee was not committing the act or acts in conjunction with
or under the control of the owner.
History: 1987c 283s 6; 1995c 244s 34; 1997 c 100 s 4; 1997 c 239 art 12 s 10; 2005 c 136 art 7
s 18
617.86 CONTEMPT.
Whoever violates a temporary injunction, permanent injunction, or abatement order granted under
sections 617.80 to 617.87 may be adjudged in contempt of court.
617.87 RELEASE OF PROPERTY.
If, after an order of abatement has been entered, the owner appears and pays the costs of the action and
files a bond in an amount determined by the court, but not to exceed $50,000, conditioned that the
owner will immediately abate the nuisance for a period of one year, the court may, if satisfied of the
owner's good faith, order the release of the building or portion of it which is subject to the order of
abatement. If the premises are released, for each day during the term of the bond that the owner
knowingly permits any part of the premises to be used for any activity which was the basis of the
abatement order, the owner shall forfeit $1,000 under the bond. Forfeiture under the bond does not
relieve the owner from prosecution for contempt. Release of the property pursuant to this section does
not release it from an injunction issued under section 617.83 or any other judgment, penalty, lien, or
liability to which it may be subject by law.
617.88 [Repealed, 1996 c 453 s 3]
617.89 [Repealed, 1996 c 453 s 3]
23 of 26 8/19/2011 2:31 PM

617.90 GRAFFITI DAMAGE ACTION.
Subdivision 1. Definition. For purposes of this section, "graffiti" means unauthorized markings of
paint, dye, or other similar substance that have been placed on real or personal property such as
buildings, fences, transportation equipment, or other structures, or the unauthorized etching or
scratching of the surfaces of such real or personal property, any of which markings, scratchings, or
etchings are visible from premises open to the public.
Subd. 2. Cause of action. An action for damage to property caused by graffiti may be brought by
the owner of public or private property on which graffiti has been placed. Damages may be recovered
for three times the cost of restoring the property, or the court may order a defendant to perform the
work of restoring the property. Damages may be recovered from an individual who placed graffiti on
public or private real or personal property or from the parent of a minor individual. The liability of the
parent is limited to the amount specified in section 540.18. The court may award attorney fees and costs
to a prevailing plaintiff.
617.91 DEFINITIONS.
Subdivision 1. General. The definitions in this section apply to sections 617.91 to 617.97.
Subd. 2. Continuously or regularly. "Continuously or regularly" means at least three separate
incidents or occurrences in a period of not more than 12 months.
Subd. 3. Criminal gang. "Criminal gang" has the meaning given in section 609.229.
Subd. 4. Gang activity. "Gang activity" means the commission of one or more of the offenses listed
in section 609.11, subdivision 9; criminal damage to property in the first or second degree under section
609.595, subdivision 1 or 1a; trespass under section 609.605; or disorderly conduct under section
609.72.
Subd. 5. Place. "Place" means:
(1) a structure suitable for human shelter, a commercial structure that is maintained for business
activities, a portion of the structure, or the land surrounding the structure that is under the control of the
person who owns or is responsible for maintaining the structure. If the place is a multiunit dwelling, a
hotel or motel, or a commercial or office building, "place" means only the portion of the place in which
a public nuisance is maintained or permitted, including a dwelling unit, room, suite of rooms, office,
common area, storage area, garage, parking area, or the land surrounding the place that is under the
control of the person who owns or is responsible for maintaining the structure; or
(2) a parcel of land that does not include a structure and is under the control of the person who
owns or is responsible for maintaining the land.
617.92 PUBLIC NUISANCE.
Subdivision 1. Gang activities. A criminal gang that continuously or regularly engages in gang
activities is a public nuisance.
Subd. 2. Use of place. The continuous or regular use of a place by a lessee or tenant to engage in or
allow gang activity by a criminal gang that is knowingly permitted by the owner or a person who is
responsible for maintaining the place on behalf of the owner is a public nuisance.
24 of 26 8/19/2011 2:31 PM

617.93 SUIT TO ABATE NUISANCE.
(a) A county or city attorney or the attorney general may sue to enjoin a public nuisance under sections
617.91 to 617.97.
(b) A person who continuously or regularly engages in gang activity as a member of a criminal gang
may be made a defendant in a suit.
(c) If the public nuisance involves the use of a place as provided in section 617.92, subdivision 2,
the owner or a person who is responsible for maintaining the place on behalf of the owner may be made
a defendant in the suit pursuant to the procedures applicable to owners under sections 617.81 to 617.87.
617.94 COURT ORDER.
(a) If the court finds, by a preponderance of the evidence, that a criminal gang constitutes a public
nuisance, the court may enter a temporary or permanent order:
(1) enjoining a defendant in the suit from engaging in the gang activities; and
(2) imposing other reasonable requirements to prevent the defendant from engaging in future gang
activities.
(b) "Reasonable requirement" as specified in paragraph (a), clause (2), means an injunctive
limitation on gang behavior and social interaction that reduces the opportunity for gang activity. The
court in imposing reasonable requirements must balance state interests in public safety against
constitutional freedoms.
(c) If the court finds, by a preponderance of the evidence, that a place is continuously or regularly
used in a manner that constitutes a public nuisance, the court may include in its order reasonable
requirements to prevent the use of the place for gang activity. This may include cancellation of any
applicable lease pursuant to the procedures in section 617.85 that may involve any tenant or lessee who
has maintained or conducted the public nuisance, or other reasonable requirements established in the
order.
617.95 VIOLATION OF COURT ORDER; FINE AND CRIMINAL PENALTY.
Subdivision 1. Fine for civil contempt. A person who violates a temporary or permanent injunctive
order issued under section 617.94 is subject to a fine for civil contempt of not less than $1,000 nor more
than $10,000.
Subd. 2. Criminal penalty. A person who knowingly violates a temporary or permanent injunctive
order issued under section 617.94 is guilty of a misdemeanor.
617.96 ATTORNEY FEES.
In an action brought under sections 617.91 to 617.97, the court may award a prevailing party reasonable
attorney fees and costs.
617.97 USE OF PLACE; EVIDENCE.
25 of 26 8/19/2011 2:31 PM

(a) In an action brought under sections 617.91 to 617.97, proof that gang activity by a member of a
criminal gang is continuously or regularly committed at a place or proof that a place is continuously or
regularly used for engaging in gang activity by a member of a criminal gang is prima facie evidence that
the person who owns or is responsible for maintaining the place knowingly permitted the act.
(b) Paragraph (a) does not apply if the person who owns or is responsible for maintaining the place
proves, by a preponderance of the evidence, that the person has made reasonable efforts to prevent the
occurrence of the gang activity, which may include cancellation of or an attempt to cancel the lease.
26 of 26 8/19/2011 2:31 PM

BLOOMINGTON CITY CODE
SEC. 12.01. FINDINGS AND PURPOSE.
The purpose of this Chapter of the City Code is to prohibit certain conduct that is harmful to the
health, safety, and welfare of the community and to prevent and abate nuisance conduct, events,
characteristics or conditions and their deleterious effects on City neighborhoods by maximizing
the means and methods by which public officers can efficiently and effectively enforce the law and
by imposing and collecting service call fees from the owner or occupant, or both, of real property
to which public officers are repeatedly called to respond to nuisance violations as set forth in this
Article of City Code. The City Council finds that excessive noise, disruption and other public
nuisance activities are injurious to the public health, safety and welfare and interfere with the quiet
enjoyment of life and property and that excessive nuisance service calls unduly divert law
enforcement resources from general crime prevention and law enforcement. The excessive
nuisance service call fee is intended as a cost recovery mechanism for excessive law enforcement
services, over and above the cost of normal law enforcement services to the public, attributable to
unabated nuisance conduct, conditions or characteristics occurring, maintained or permitted to
exist on the private property. It is not intended to constitute punishment separate from or in
addition to any criminal prosecution for the conduct underlying the nuisance or excessive nuisance
service calls. Nothing herein is meant to limit constitutional rights under the federal or state
constitution.
(Code, 1958 S 160.01; Village Ord. No. 17; Recodified by Ord. No. 98-53, 11-16-98; Ord. No.
99-14, 7-6-99; Ord. No. 2006-13, 4-17-2006)
SEC. 12.01.01. DEFINITIONS.
When used in this Chapter, the following words, terms, and phrases shall have the following
meanings, unless the context clearly indicates otherwise:
(a) Abatement notice - notice served upon property owner and/or interested party by the City
Manager or the Managers designee of law enforcement responses to two (2) or more nuisance
service calls within a 365-day period on property in which they have an interest pursuant to
Section 12.15(c) of this City Code.
(b) Alcoholic beverage - any beverage containing more than one-half of one (1) percent alcohol
by volume.
() Clandestine lab site - any structure of conveyance or outdoor location occupied or affected by
conditions or chemicals typically associated with the manufacture of methamphetamine or any
other unlawful manufacture of a controlled substance.
(d) Disorderly house - any residential property which due to the following nuisance conduct,
events, characteristics or conditions is likely to disturb, injure or endanger the peace, comforts,
health, welfare, safety or character of the neighborhood or community:

(1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or
non-intoxicating malt liquor in violation of Minnesota law or Chapter 13 of this Code;
(2) The possession or use of gambling devices or the conduct of any gambling in violation
of Minnesota law;
(3) Prostitution in violation of Minnesota law or acts relating to prostitution, or the
conduct of unlicensed escort services, sexually-oriented business or massage or massage
services, in violation of Minnesota law or Chapters 14 and 19 of this Code;
(4) The unlawful sale, use, or possession of controlled substances as defined in Minnesota
Statutes, Section 152.02; or
(5) Three (3) or more verified incidents or unlawful gatherings, as set forth in subsection
(n) of this Section within a 365-day period.
(e) False report to public officer - a report to any public officer that a violation of City Code or
state law has been committed, knowing that the conduct or conditions reported do not constitute
a crime or that the report is false and intending that the public officer act in reliance upon the
report.
(f)Incident - single behavioral incident as defined by Minnesota Statutes Section 609.035, as may
be amended from time to time. In the case of property conditions or characteristics constituting a
nuisance, a single behavioral incident constitutes those violations, the existence of which is the
result of a single illegal objective or coincident errors of judgment.
(g) Interested party - any known lessee or tenant of the residential property or affected portion of
the residential property; any known agent of an owner, lessee, or tenant; any known mortgage
holder or holder of any secured interest in the residential property; any known person holding an
unrecorded contract for deed, being a mortgagee or vendee in physical possession of the
residential property, insurer of the property; or, any other person who maintains or permits a
nuisance on the residential property and is known to the City.
(h) Nuisance incident notice - notice served upon property owner and/or interested party by the
City Manager or the Managers designee of a law enforcement response to a nuisance service call
to property in which they have an interest pursuant to Section 12.15 (a) of this City Code.
(i) Nuisance service call - public officer response to a verified incident of any activity, conduct or
condition occurring on private property that is likely to unreasonably interfere with the quiet
enjoyment of neighboring properties or the safety, health, morals, welfare, comfort, or repose of
the residents therein, including without limitation:
(1) Unlawful gathering, as defined in subsection (o) of this Section.
(2) Disorderly conduct, as defined by Minnesota Statutes Section 609.72, as may be

amended from time to time.
(3) Assault, as defined by Minnesota Statutes Sections 609.221, 609.222, 609.223,
609.2231, and 609.224, as may be amended from time to time, excluding domestic
assaults.
(4) Public nuisance, as defined by Section 12.03 of this City Code or Minnesota Statutes
Sections 609.74 - .745, as may be amended from time to time.
(5) Noise in violation of Section 10.30 of this City Code.
(6) Unlawful consumption of alcoholic beverages in violation of Section 12.69 of this City
Code.
(7) The unlawful furnishing, sale, use, or possession of intoxicating liquor or
non-intoxicating malt liquor in violation of Minnesota law or Chapter 13 of this City
Code.
(8) The possession or use of gambling devices or the conduct of any gambling in violation
of Minnesota law.
(9) Prostitution in violation of Minnesota law or acts relating to prostitution, or the
conduct of unlicensed escort services, sexually oriented business or massage or massage
services, in violation of Minnesota law or Chapters 14 and 19 of this City Code.
(10 )The unlawful sale, use, or possession of controlled substances as defined in
Minnesota Statutes Section 152.02, as may be amended from time to time.
(11) Indecent exposure in violation of Minnesota Statutes Section 617.23, as may be
amended from time to time.
(12) Unlawful use or possession of a firearm in violation of Minnesota law or Section
12.27 of this City Code.
(13) Failure to comply with dangerous animal requirements in violation of Division B of
Chapter 12 of this City Code or Minnesota Statutes Chapter 347.
(14) Failure to comply with animal noise regulations in violation of Section 12.99 of this
City Code.
(15) Failure to restrain a domestic animal in violation of Section 12.102 of this City Code.
(16) Cruelty to animals in violation of Section 12.93 of this City Code or Minnesota
Statutes Chapter 343, as may be amended from time to time.

(17) Excess number of domestic animals in violation of Section 12.101 of this City Code.
(18) Illegal possession of a wild animal in violation of Section 12.120 of this City Code.
(19) Failure to obtain a license for a dog, cat or ferret in violation of Section 14.88 of this
City Code.
(20) Excess number of chickens, farm animals or farm poultry in violation of Sections
12.115 and 12.116 of this City Code.
(21) Nuisance conditions associated with chickens, farm animals or farm poultry in
violation of Division D. of Chapter 12.
(22) Illegal open burning, in violation of Section 6.32 of this City Code.
(23) Illegal refuse, in violation of Section 10.05 of this City Code.
(24) Illegal litter, in violation of Section 10.25 of this City Code.
(25) Abandoned or junk vehicles, in violation of Sections 8.46 - 8.48 of this City Code.
(26) Illegal exterior storage in violation of Section 19.50 of this City Code.
(27) Illegal parking or storage of recreational vehicles in violation of Section 19.50.03 of
this City Code.
(28) Illegal parking or storage of vehicles in violation of Section 19.45 of this City Code.
(29) False report to public officer in violation of Section 12.14 of this City Code.
(30) Rental of a dwelling unit without a license or in violation of the conditions of
licensure in violation of Sections 14.510 or 14.515 of this City Code.
(31) Illegal home occupation in violation of Sections 19.27 - .28 or 19.63.09(a)(2) of this
City Code.
(j) Private property - any real property the legal ownership of which, as officially recorded by
Hennepin County, is held by one or more natural persons, a partnership, including a limited
partnership, a corporation, including a foreign, domestic or non-profit corporation, a trust, or any
other organization, but not including the State of Minnesota or any of its political subdivisions,
the federal government or any other governmental agency or entity. The existence of any public
easement, right-of-way or other limited right of access on the property not, for the purpose of this
Article of the City Code, be deemed to transform private property to public property.
(k) Property - means a parcel or contiguous parcels of real property, including buildings and other

structures thereon owned by the same legal entity and under common management. In the case of
multi-unit residential or commercial property, the term shall apply to the entire complex.
(l) Public officer - a police officer, fire marshal or inspector, animal control officer, building
inspector, or environmental health inspector, each of whom, for the purposes of this Article, shall
be considered law enforcement officers.
(m) Public place - an area generally visible to public view, including streets, sidewalks, bridges,
alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings
open to the general public, including those buildings in which food or drink is served or
entertainment or lodging is provided.
(n) Residential property - any real property containing a structure suitable for affording shelter for
human beings, including any appurtenant or connected structure, including trailers, mobile homes,
multiple family dwellings, buildings containing multiple dwelling units, and any property situated
within a residential zoning district as defined by this City Code.
(o) Unlawful gathering - any party or gathering where there is any of the following conduct or
behavior:
(1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or 3.2 percent
malt liquor in violation of Minnesota law and Chapter 13 of this Code;
(2) The unlawful sale, use, or possession of controlled substances as defined in Minnesota
Statutes, Section 152.02, as may be amended from time to time;
(3) The unlawful sale, use, or possession of tobacco-related products in violation of
Minnesota law or Sections 12.81 - .82 of this City Code;
(4) Any conduct, activity or condition constituting a violation of Minnesota laws or this
City Code prohibiting or regulating prostitution, gambling, firearms, disorderly conduct,
public nuisance, or permitting a public nuisance;
(5) Any conduct or activities likely to disturb non-participating persons by:
(A) Noise of sufficient volume, or of such nature by virtue of its type, persistence,
time of day or location, to disturb; the peace, quiet, or repose of non-participating
persons nearby in the manner and according to the standards set forth in Section
10.30 of this City Code;
(B) Assaultive behavior;
(C) Unlawful consumption of alcoholic beverages in violation of Section 12.69 of
this City Code;

(D) Urinating in public;
(E) Public indecency as defined in Sections 12.14 - 12.15 of this Code or indecent
exposure, in violation of Minnesota Statutes Section 617.23, as may be amended
from time to time.
(F) Excessive pedestrian or vehicular traffic and parking problems or congestion.
(p) Verified incident - an incident where there is a law enforcement response and a public officer,
having completed a timely investigation, is able to find evidence of nuisance conduct, conditions
or characteristics as set forth in Section 12.01.01(i) of this City Code. It shall not be necessary
that criminal charges be brought or convictions obtained relative to the incident. Multiple offenses
verified during a single response shall count as one response for the purpose of imposing an
excessive nuisance call service fee. Verified incidents shall be attributable separately to the source
of the nuisance conduct, condition or activity, as follows:
(1) The same tenant or lessee or persons acting in conjunction with or under the control
the same tenant or lessee;
(2) The same rental unit while occupied by the same tenant or lessee or within two or
more rental units by the same tenant or lessee;
(3) The property owner or persons acting in conjunction with or under the control of the
property owner who either actively participated in the creation of the nuisance conduct,
condition or characteristic or who knew or should have known of the ongoing nuisance
conduct, condition or characteristic and failed to take reasonable steps to abate it.
(q) Verified incident follow-up - where there has been a prior verified incident of property
conditions or characteristics constituting a nuisance, the second and each subsequent response to
those same conditions or characteristics initiated by the City as necessary follow-up on one or
more orders to Correct Conditions that have not been completed by the dates specified in the
Order or Orders, shall constitute an additional verified incident whether or not additional nuisance
conditions or characteristics constituting additional incidents are found to exist.
(Recodified by Ord. No. 98-53, 11-16-98; Ord. No. 99-14, 7-6-99; Ord. No. 2006-13,
4-17-2006; Ord. No. 2009-21, 7-20-2009; Ord. No. 2010-28, 11-1-2010)
SEC. 12.02. PUBLIC NUISANCE PROHIBITED.
Any person who shall knowingly commit, cause or create a public nuisance condition as defined in
this Chapter or permits a public nuisance condition to be created or placed upon or to remain
upon any private property owned, under the control of, or occupied by that person, or any
publicly-owned property, including tax-forfeited property under public control, shall be guilty of a
misdemeanor. In addition, the City may enforce this Division by injunctive action or other
appropriate civil remedy.

(Code, 1958 S 160.02; Village Ord. No. 17; Recodified by Ord. No. 98-53, 11-16-98; Ord. No.
2006-13, 4-17-2006)
SEC. 12.03. PROPERTY CONDITIONS CONSTITUTING A PUBLIC NUISANCE.
The following property conditions are declared to be nuisances affecting public peace, welfare and
safety:
(1) All snow and ice not removed from public sidewalks within twelve (12) hours after the snow
and ice has ceased to be deposited thereon.
(2) All limbs of trees which are less than eight (8) feet above the surface of any public sidewalk,
or nine (9) feet above the surface of any street.
(3) All electrical wires that are strung less than the minimum required distance above the surface
of the ground pursuant to the National Electrical Code requirements.
(4) All buildings, walls, and other structures which have been damaged by fire, decay, or
otherwise to an extent exceeding one-half (1/2) their original value, and which are so situated as
to endanger the safety of the public.
(5) All explosives, inflammable liquids, and other dangerous substances stored in any manner or in
any amount contrary to state law, federal law or this Code.
(6) All use or display of fireworks except as permitted by this Code and state law.
(7) Noises prohibited under Bloomington City Code Sections 10.29-10.32.
(8) The allowing of rain water, ice or snow to repeatedly fall from any building or structure upon
any street or sidewalk or to flow across any sidewalk.
(9) All barbed wire fences except for barbed wire on top of non-residential fences, where barbed
wire is at least six (6) feet above grade.
(10) All dangerous unguarded machinery or materials, in any public place, or so situated or
operated on private property to attract the public.
(11) Any condition that interferes with, obstructs, or renders dangerous for passage a public
roadway, highway or right-of-way or waters used by the public.
(12) The intentional or negligent discharge of items such as leaves, grass clippings, solvents,
antifreeze, oil, fireplace ashes, paint, or cement reinsate into a street, storm sewer system, or
water resource such as a wetland, creek, pond or lake.
(13) Encroachments onto publicly-owned property, including tax-forfeited property under public

control, such as the placement of structures, materials, recreational equipment, lawn chairs, fire
pits, the dumping of organic materials, the storing of privately-owned items, the undertaking of
activities affecting the physical nature of the property, such as mowing, vegetation removal or the
application of fertilizer, pesticides or herbicides without the express, written permission of the
City.
(14) Uncompleted exterior construction and finishes (including but not limited to structures,
additions, accessory structures, siding, facia work, windows, roofing, driveways, sidewalks,
decks, patios, pools and retaining walls) on a single family or two-family site beyond one (1) year
after issuance of a permit or commencement of the construction project, whichever occurs first. A
construction project is considered to commence when the first exterior evidence of the project is
visible (for example, delivery of materials or removal of soil cover). In the case of demonstrated
hardship due to sources beyond the control of the property owner (including but not limited to
extreme weather conditions; reasonably unforeseen material, equipment or labor shortages;
vandalism; or theft), the time allowed for exterior construction and finishes may be extended at
the sole discretion of the Manager of Building and Inspection upon written appeal filed as soon as
the need for an extension becomes known.
(15) Construction materials and equipment (including but not limited to piles of dirt, rock,
landscaping materials, sod, scaffolding, forms, dumpsters, portable toilets, debris and construction
trailers) left in the open:
(A) on a single family or two-family residential site beyond one (1) year after issuance of a
permit or commencement of the construction project, whichever occurs first. A
construction project is considered to commence when the first exterior evidence of the
project is visible (for example, delivery of materials or removal of soil cover).
(B) on a multi-family residential site or on a non-residential site beyond one hundred
eighty (180) days after issuance of the first temporary or permanent certificate of
occupancy.
In the case of demonstrated hardship due to sources beyond the control of the property owner
(including but not limited to extreme weather conditions; reasonably unforeseen material,
equipment or labor shortages; vandalism; or theft), the time allowed for exterior construction and
finishes may be extended at the sole discretion of the Manager of Building and Inspection upon
written appeal filed as soon as the need for an extension becomes known.
(16) Discarded construction material or other litter at a construction site that is not placed in an
adequate waste container or that is allowed to blow around or off the site.
(17) Buildings, fences, and other structures that have been so poorly maintained that their physical
condition and appearance detract from the surrounding neighborhood are declared to be public
nuisances because they are unsightly, decrease adjoining landowners' and occupants' enjoyment of
their property and neighborhood, and adversely affect property values and neighborhood patterns.
Standards to be considered in this determination shall include:

(A) All exterior walls shall be free from holes, breaks, and loose or rotting materials; and
maintained weatherproof and properly surface coated where required to prevent
deterioration.
(B) All exterior surfaces, including but not limited to, doors, door and window frames,
cornices, porches, trim, balconies, decks and fences shall be maintained in good condition.
Exterior wood surfaces, other than decay-resistant woods, shall be protected from the
elements and decay by painting or other protective covering or treatment. Peeling, flaking
and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints
as well as those between the building envelope and the perimeter of windows, doors, and
skylights shall be maintained weather resistant and water tight. All metal surfaces subject
to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with
rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces designed for
stabilization by oxidation are exempt from this requirement.
(C) Every window, skylight, door and frame shall be kept in sound condition, good repair
and weather tight. All glazing materials shall be maintained free from cracks and holes.
(D) All exterior doors, door assemblies and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall
tightly secure the door.
(E) All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative
features shall be maintained in good repair with proper anchorage and in a safe condition.
(F) The roof and flashing shall be sound, tight and not have defects that admit rain. Roof
drainage shall be adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall be maintained in good
repair and free from obstructions. Roof water may not be discharged in a manner that
creates a public nuisance.
(G) All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be
maintained structurally sound, and in good repair. All exposed surfaces of metal or wood
shall be protected from the elements and against decay or rust by periodic application of
weather-coating materials, such as paint or similar surface treatment.
(H) All foundation walls shall be maintained plumb and free from open cracks and breaks
and shall be kept in such condition so as to prevent the entry of rodents and other pests.
(18) A clandestine lab site.
(19) Improper sewage disposal to such degree that sewage or effluent is discharging onto the
surface of the ground, backing up into a structure or discharging into a body of water.

(20) An unsecured hole or opening caused by improperly abandoned cistern, well pit, sewage
treatment system, unused or non-maintained swimming pool, foundation, mine shaft or tunnel, or
any other hole or opening in the ground of sufficient size or depth to pose a danger to the public
or an attractive nuisance.
(21) Failure to keep waste, refuse, or garbage in an enclosed building or properly contained in a
closed, insect and rodent proof, container designed or reasonably adapted for such purpose,
except for the immediate time preceding pick-up by a refuse hauler.
(22) Accumulation of carcasses of animals, birds, or fish by failing to bury or otherwise dispose of
in a sanitary manner within twenty-four (24) hours after death. This provision shall not apply if
the animals, birds, or fish are intended for human consumption.
(23) Accumulation of decaying animal or plant material, animal or human feces, trash, refuse, yard
waste, rubbish, garbage, rotting lumber, packing material, scrap metal, tires or any other
substances in which flies, mosquitoes, other disease carrying insects, rodents or other vermin can
harbor; this definition does not include compost bins or compost sites which are being managed in
accordance with the standards in Section 10.05.
(24) Accumulations of animal feces, rubbish or junk remaining in any place as to become
dangerous or injurious to the health and safety of any individual or to the public.
(25) Accumulations in permanent dwellings to such an extent preventing emergency egress.
(26) Any structure that has become dangerous for further occupancy because of structural or
sanitary defects or grossly unsanitary conditions.
(27) Infestations of flies, fleas, cockroaches, lice, rats, mice, fly larvae, or hookworm larvae.
(28) Unnatural breeding grounds which support mosquito larvae and mosquitoes carrying West
Nile Virus, La Crosse Encephalitis Virus, or any other disease causing microorganism.
(29) At single-family and two-family dwelling units, the parking or storage of more than four
vehicles per unit outside of a garage or on street.
(A) Counting of vehicles. Vehicles temporarily parked at the residence for visitation or
business service reasons, Class I recreational vehicles (as defined in Section 19.50.03 of
this Code), or any vehicle parked or stored within a garage shall not be counted for the
purposes of this numerical limitations. All other vehicles, whether screened or not,
including abandoned vehicles and junk vehicles as defined in Section 8.45 of this Code
shall be counted as vehicles for purposes of determining the number of vehicles parked or
stored outside of a garage or on the street. Nothing in this Section shall be interpreted as
permitting the storage of vehicles if such storage is not otherwise permitted by this Code.
Only one vehicle per unit may be a vehicle with a snowplow attached or other Type II
vehicle. Type II vehicles will be counted as a vehicle for the purposes of this section.

(30) Outdoor burners of fuel producing excessive smoke, including, but not limited to, wood,
trash, corn, pellets and biomass, that are detached from or exterior to a principal building and
intended for use as a water or space heating source.
(31) The ground feeding of wild animals prohibited under Bloomington City Code Section
12.122.
(32) Excess number of domestic animals, chickens, farm poultry or farm animals in violation of
Section 12.101, 12.115 or 12.116.
(33) Failure to locate or maintain animal shelter or enclosure in violation of Section 12.104,
12.115 or 12.116.
(Code, 1958 S 162.01; Recodified by Ord. No. 98-53, 11-16-98; Ord. No. 99-14, 7-6-99; Ord.
No. 2006-13, 4-17-2006; Ord. No. 2006-54, 12-18-2006; Ord. No. 2007-21, 6-25-2007; Ord.
No. 2008-43, 12-1-2008; Ord. No. 2009-2, 2-2-2009; Ord. No. 2009-4, 2-2-2009; Ord. No.
2010-28, 11-1-2010)
SEC. 12.04. DECLARATION AND NOTICE OF PUBLIC NUISANCE.
It shall be the duty of the City Manager or the Managers designee to determine and declare the
existence of a public nuisance. However, for purposes of inspecting and securing the site,
removing and collecting evidence, or removing immediate hazards, any public officer may
determine that a structure, property or portion of a property constitutes a public nuisance,
including but not limited to the determination that the site constitutes a clandestine lab site. The
City Manager or the Managers designee may at any time modify conditions of the declaration or
dismiss the declaration of a public nuisance. Where deemed necessary by the City in furtherance
of the public health and safety, a warning sign shall be posted on the entrance to the structure or
property containing information sufficient to alert visitors or returning occupants to the site that it
may be dangerous to enter and that entry is prohibited unless authorized by the City. No person,
except as authorized by the City, shall remove a warning sign posted in accordance with this
Section of City Code. Where a public nuisance is found to exist upon private property, the City
Manager, or the Managers designee, may cause a declaration of public nuisance and notice to
abate such nuisance to be served personally upon the owner of said premises, and provide a copy
thereof to any other interested party. Such notice may be served by mail in all cases where such
owner or other interested party is not in the city or cannot be found therein, and if the post office
address thereof is known. Such notice may likewise be served by posting, for at least twenty-four
(24) hours, a copy of such notice upon the premises where the nuisance exists, whenever the
owner or agent thereof is not known or cannot be found, and the post office address thereof is
unknown. The City Manager, or the Managers designee, shall, in providing for the service and
posting of such notice, designate therein the following:
(a) Property location by street address, and property identification number or legal
property description.

(b) Information identifying the nature of the public nuisance on the property.
() A summary of the owner or other interested partys responsibilities under this Division
of City Code.
(d) Specific orders for abatement or remediation of the public health nuisance.
(e) A date for completion of the abatement not less than ten (10) business days following
the receipt of the Notice unless a shorter period of time is determined necessary by the
City to protect the public health and safety.
(f) Notice that unless the public nuisance condition is abated or removed in accordance
with the terms of the Notice of Public Nuisance, the City may, in its discretion have the
nuisance abated or removed at the expense of the owner under the provisions of Minn.
Stat. 145A.008, this City Code, or other applicable law and that the cost thereof will
constitute a charge against the property which shall be collected in the manner of a tax.
(g) Notice of the right of appeal as provided in Sections 1.17 and 12.05.01 of this City
Code.
(Code, 1958 S 174.01; Village Ord. No. 22, 9-1-53; Village Ord. No. 205, 9-21-59; Village Ord.
No. 261, 12-8-60; Ord. No. 70-29, 7-6-70; Ord. No. 94-3, 1-24-94; Recodified by Ord. No.
98-53, 11-16-98; Ord. No. 2006-13, 4-17-2006)
SEC. 12.05. ACCESS TO PROPERTY AND RESPONSIBILITY TO ABATE PUBLIC
NUISANCE.
The owner or other interested party of private property on which a public nuisance has been
declared must, upon the demand of a public officer, permit access to all portions of the property
and structures thereon at any reasonable time for the purposes of inspection, remediation and
abatement as often as the public officer deems necessary and shall exhibit and allow the copying
of all records necessary to ascertain compliance with this Division of City Code. Any public
nuisance upon private-owned property shall be removed and abated by the owner or other
interested party at their own cost after notice, as provided in Section 12.04. If such notice is not
complied with, the city shall cause removal or abatement of such nuisance, and the cost thereof
shall be charged against the property in the manner provided in Section 12.06 and collected in the
manner set forth in Section 1.19 of this City Code.
(Code, 1958 S 174.02; Added by Village Ord. No. 22, 9-1-53; Recodified by Ord. No. 98-53,
11-16-98; Ord. No. 2006-13, 4-17-2006)
SEC. 12.06. FAILURE TO ABATE; ABATEMENT BY CITY; ASSESSMENT THEREOf.
If, at the end of the period fixed by the City for the abatement or removal of a public nuisance, the
nuisance has not been abated or removed by the owner or other interested party and no appeal has

been filed pursuant to Section 12.05.01 of this City Code, the City may cause the same to be
abated or removed by the city or in any other manner deemed appropriate, and the costs and
expenses of such abatement and departmental costs and expenses, including overheads and
allowances for time of city employees with a minimum inspection charge of $65, expenses of
equipment, if used, and sums of money necessarily paid out if done by other than city
departments, shall be computed and reported to the City Council. Thereupon the City Council
may adopt an assessment roll levying a special assessment upon such lands and premises, which
shall be transmitted to the county auditor and included with the next tax levy upon such lands and
premises and collected in the manner provided by law for the levy and collection of other special
assessments.
(Added by Ord. No. 86-13, 3-17-86; Recodified by Ord. No. 98-53, 11-16-98; Ord. No. 2006-13,
4-17-2006; Ord. No. 2009-2, 2-2-2009)
SEC. 12.06.01. RESTRICTIONS ON THE DISCHARGE OF FIREWORKS.
(a)The use, display, possession, discharge or sale of any fireworks not expressly permitted by
Minnesota Statutes Section 624.20, subd. 1(c) is strictly prohibited.
(b) All use, display or discharge of those non-explosive, non-aerial pyrotechnic entertainment
devices only containing the limited amounts of pyrotechnic chemical compositions described in
and permitted by Minnesota Statutes Section 624.20, subd. 1(c), hereinafter permitted consumer
fireworks, is strictly prohibited in the area on, below, above or within or in close proximity to:
(1) Recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths,
sidewalks, rights of way, lakes, rivers, waterways and all other property owned or leased
by the City of Bloomington, County of Hennepin, Suburban Hennepin Regional Park
District, State of Minnesota or federal government and located in whole or in part within
the City limits.
(2) Private property within the City limits that has conspicuously posted a written sign or
notice that no fireworks discharge is allowed.
(3) Within three hundred (300) feet of any consumer fireworks retail sales facility or
storage area that has properly posted a written sign or notice that no fireworks discharge
is allowed.
(4) Any property, area, structure or material that by its physical condition or the physical
conditions in which it is set would constitute a fire or personal safety hazard.
() All other use, display or discharge of permitted consumer fireworks must be conducted in a
manner that minimizes the risk of fire or injury to other persons or property.
(Added by Ord. No. 2002-21, 6-3-2002)

SEC. 12.07. PURPOSE.
To enable owners of real property situated within the City and to which the public has some
implicit right of access to exclude persons from that property where the person has committed a
crime on the premises or violated the properly posted rules of conduct for the property.
(Code, 1958 S 174.04; Added by Ord. No. 69-26, 4-14-69; Ord. No. 69-89, 11-10-69; Ord. No.
77-31, 5-16-77; Ord. No. 77-46, 8-8-77; Ord. No. 78-71, 12-4-78; Ord. No. 87-37, 6-1-87;
Recodified by Ord. No. 98-53, 11-16-98; Ord. No. 2007-24, 8-6-2007)
SEC. 12.08. DEFINITIONS.
The following words and terms when used in this Section shall have the following meanings,
unless the context clearly indicates otherwise:
Covered premises - any real property, or portion thereof, to which the public has an implicit right
of access including, but not limited to places of worship, shopping malls, retail sales facilities,
hotels, motels, nursing homes, restaurants, multiple-family residential buildings, hospitals, medical
and dental offices, clubs, lodges, office buildings, banks and financial institutions, transit stations,
athletic and recreational facilities, personal service establishments, theaters, parks, libraries,
aquatic facilities and day care facilities.
Tenant - any authorized occupant of a covered premises, or the agent thereof.
Property manager - any owner of a covered premises or the agent thereof who is authorized to
exercise control over the property, including common areas. The term "property manager"
includes any tenant who is an owner of the property or agent of the owner and authorized to
exercise control over the property, including common areas.
Common areas - all areas of the property which are maintained for the common use of its tenants
or the general public incidental to the conduct of the normal and legitimate activities upon the
premises, including but not limited to parking lots and ramps, private roadways, reception areas,
rotunda, waiting areas, hallways, restroom facilities, elevators, escalators, and staircases.
Trespass notice - a written notice which contains minimally the following information:
(a) a verbatim copy of Section 12.09 of this Code;
(b) the name, date of birth, and address of the person to whom the notice is issued and the
name of the person's custodial parent or guardian where that person is a juvenile;
(c)SEC. 12.08. DEFINITIONS.
The following words and terms when used in this Section shall have the following meanings,
unless the context clearly indicates otherwise:

Covered premises - any real property, or portion thereof, to which the public has an implicit right
of access including, but not limited to places of worship, shopping malls, retail sales facilities,
hotels, motels, nursing homes, restaurants, multiple-family residential buildings, hospitals, medical
and dental offices, clubs, lodges, office buildings, banks and financial institutions, transit stations,
athletic and recreational facilities, personal service establishments, theaters, parks, libraries,
aquatic facilities and day care facilities.
Tenant - any authorized occupant of a covered premises, or the agent thereof.
Property manager - any owner of a covered premises or the agent thereof who is authorized to
exercise control over the property, including common areas. The term "property manager"
includes any tenant who is an owner of the property or agent of the owner and authorized to
exercise control over the property, including common areas.
Common areas - all areas of the property which are maintained for the common use of its tenants
or the general public incidental to the conduct of the normal and legitimate activities upon the
premises, including but not limited to parking lots and ramps, private roadways, reception areas,
rotunda, waiting areas, hallways, restroom facilities, elevators, escalators, and staircases.
Trespass notice - a written notice which contains minimally the following information:
(a) a verbatim copy of Section 12.09 of this Code;
(b) the name, date of birth, and address of the person to whom the notice is issued and the
name of the person's custodial parent or guardian where that person is a juvenile;
() a description of the specific conduct which serves as a basis for the notice's issuance;
(d) a description of the specific property to which the trespass notice applies;
(e) the period during which the trespass notice is in effect, including the date of its
expiration;
(f) the name, title and telephone number of a person with authority to modify, amend or
rescind the trespass notice prior to its normal expiration;
(g) the method by which the trespass notice was served upon the person to whom it was
issued.
(Code, 1958 S 174.05; Added by Ord. No. 69-57, 7-14-69; Ord. No. 92-59, 11-9-92; Recodified
by Ord. No. 98-53, 11-16-98; Ord. No. 2007-24, 8-6-2007)
SEC. 12.09. PROHIBITED CONDUCT.
(a) No person shall trespass in or upon any real property and, without claim of right, refuse to

depart therefrom on demand of the property manager or tenant.
(b) No person who has been served with a trespass notice in conformity with this ordinance shall
enter the premises described therein during its effective period without the written permission of
the issuing property manager or tenant or the authorized agent thereof named in the notice.
Violation of the terms of the notice will result in criminal prosecution as a misdemeanor under
Minnesota law.
() No person shall enter any area of a public facility, or other property in violation of
conspicuously posted signs prohibiting or restricting access thereto, including but not limited to
the following signs, "No Trespassing", "Authorized Personnel Only", "Private", "Employees
Only", "Emergency Exit Only".
(Code, 1958 S 170.02; Recodified by Ord. No. 98-53, 11-16-98; Ord. No. 2007-24, 8-6-2007)
SEC. 12.10. ISSUANCE OF TRESPASS NOTICE.
(a) A property manager, the property managers authorized agent or tenant may issue a trespass
notice as provided under this ordinance only under the following circumstances:
(1) where there is probable cause to believe that the person has committed an act
prohibited by state statute or city ordinance while on the covered premises, whether on
common areas or a tenant's space; or
(2) where there is probable cause to believe that the person has violated the rules of
conduct for the property which have been conspicuously posted at all public entrances to
the property or have been personally provided to the person in writing by the property
manager or tenant.
SEC. 12.11. ADDITIONAL PROVISIONS.
(a) Where a trespass notice is issued by a tenant, who is not the property manager or property
managers authorized agent, the notice is effective only as to that portion of the premises over
which the tenant is entitled to exercise control.
(b) No trespass notice shall be effective for more than one year from the date of its original
issuance.
() All trespass notices issued pursuant to this Section must be properly served upon the person
named therein as follows:
(1) personal service documented by either a receipt signed by the person to whom it was
issued or a written statement of the issuer;

(2) where the person named in the trespass notice is arrested by a police officer for an act
prohibited by state statute or city ordinance, the arresting officer may personally serve the
notice on behalf of the property manager or tenant and so document that fact in the
officer's official police report detailing the incident.
SEC. 12.12. PENALTY.
A violation of Section 12.09 shall be punishable as a misdemeanor.

City of Brooklyn Center Ordinance
Section 12-911. CONDUCT ON LICENSED PREMISES.
1. Conduct, Disorderly Activities, Nuisances Defined. It shall be the responsibility of
the licensee to see that persons occupying the licensed premises conduct themselves
in such a manner as not to cause the premises to be disorderly. For purposes of this
Chapter, disorderly activities are considered nuisances and defined as follows:
a. Noise cats/dogs City Code Section 1-110; horns/radios City Code
Sections 19-1201, 1202, and 1203
b. Violation of City Code Section 19-1121 (Unlawful Possession, Delivery, or
Purchase) or violation of laws relating to the possession of controlled
substances as defined in Minnesota Statutes, Section 152.01, Subdivision 4,
and drug paraphernalia as defined in Minnesota Statutes, Section 152.092.
c. Public disturbance City Code Section 19-202.
d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor.
e. Violation of laws relating to gambling.
f. Violation of laws relating to prostitution as defined in Minnesota Statutes,
Section 609.321, Subdivision 9, or acts relating to prostitution.
City of Brooklyn Center 12-23 City Ordinance
g. Unlawful use or possession of a weapon. Violation of Minnesota Statutes,
Sections 609.66, Subdivision 1a; 609.67; 609.02, Subdivision 6; or 624.713;
and City Code Section 19-402.
h. Loud parties/persons City Code Section 19-1201.
i. Fights City Code Section 19-203.
j. Allowing curfew/status offenses/underage drinking City Code Sections 19-
301 and 19-304.
k. Disorderly conduct (Minnesota Statutes, Section 609.72).
l. Property damage City Code Section 19-211.
m. Assaults 5th degree non-domestic City Code Section 19-204.
n. Interference with a peace officer (Minnesota Statutes, Section 609.50).

o. Unlawful assembly (Minnesota Statutes, Section 609.705) City Code
Section 19-1105.
p. Presence at unlawful assembly (Minnesota Statutes, Section 609.175).
q. Terrorist threats (Minnesota Statutes, Section 609.713).
r. Loitering City Code Section 19-201.
2. Violations, Actions. Upon determination by the City Manager
authorized designee that a licensed premises was used in a disorderly manner, as
described in paragraph 1, the City Manager shall take the following actions:
a. For a first instance of disorderly use of licensed premise a notice shall be
provided to the licensee of the violation directing the licensee to take steps to
prevent further violations.
b. If a second instance of disorderly use of the licensed premises occurs within a twelve
(12) month time period for the same tenancy, the City Manager or the shall notify the
licensee of the violation and require the licensee to submit a written report of the actions
taken, and proposed actions to be taken by the licensee to prevent further disorderly use of
the premises. The licensee shall submit a written report to the City Manager within five (5)
days of receipt of the notice of disorderly use of the premises and shall detail all actions
taken by the licensee in response to all notices of disorderly use of the premises.
c. If a third instance of disorderly use of the licensed premises occurs within a twelve (12)
month time period from the first disorderly violation for the same tenancy, the rental
dwelling license for the premises may be denied, revoked, suspended, or not renewed. An
action to deny, revoke, suspend, or not renew a license under this Section shall be initiated
by the City Manager or the who shall give the licensee written notice of a hearing before
the City Council to consider such denial, revocation suspension, or nonrenewal. The
written notice shall specify all violations of this Section, and shall state the date, time,
place, and purpose of the hearing.
3. Hearing. The hearing shall be held no less than ten (10) days and no more than forty-
five (45) days after giving such notice.
Following the hearing, the Council may deny, revoke, suspend, or decline to renew
the license for all or any part or parts of the licensed premises or may grant a license
upon such terms and conditions as it deems necessary to accomplish the purposes of
this Section.
4. Eviction Actions. No adverse license action shall be imposed where the instance of
disorderly use of the licensed premises occurred during the pendency of eviction
proceedings (unlawful detainer) or within thirty (30) days of notice given by the

licensee to a tenant to vacate the premises where the disorderly use was related to
conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction
proceedings shall not be a bar to adverse license action, however, unless they are
diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not
renew a license based upon violations of this Section may be postponed or
discontinued at any time if it appears that the licensee has taken appropriate measures
which will prevent further instances of disorderly use.
5. Determining Disorderly Conduct. A determination that the licensed premises have
been used in a disorderly manner as described in paragraph 1 shall be made upon
substantial evidence to support such a determination. It shall not be necessary that
criminal charges be brought in order to support a determination of disorderly use, nor
shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to
adverse license action under this Section.
6. Notices. All notices given by the City under this Section shall be personally served
on the licensee, sent by First Class mail to the licensee's last known address or, if
neither method of service effects notice, by posting on a conspicuous place on the
licensed premises.
7. Enforcement. Enforcement actions provided in this Section shall not be exclusive,
and the City Council may take any action with respect to a licensee, a tenant, guests,
or the licensed premises as is authorized by this Code or state law.

City of Brooklyn Park Ordinances
SECTION 117.49 CONDUCT ON RENTAL PROPERTY
(A) It is the responsibility of the owner/licensee to see that persons occupying a rental
dwelling conduct themselves in such a manner as not to cause the premises to be disorderly. For
purposes of this section, a rental dwelling is disorderly when any of the following types of conduct
occur under any of the following provisions:
(1) 92.05 and 92.06 of this code (animal noise and public nuisances).
(2) 134.03 of this code (noisy parties).
(3) Chapter 135 of this code (unlawful possession, delivery or purchase) or violation of
laws relating to the possession of controlled substances as defined in M.S. 152.01 et seq.
(4) 134.15 et seq. of this code (disorderly conduct) or laws relating to disorderly
conduct as defined in M.S. 609.72.
(5) 112.030 through 112.069 of this code (unlawful sale of intoxicating liquor or 3.2
malt liquor) or laws relating to the sale of intoxicating liquor as defined in M.S. 340A.701,
340A.702 or 340A.703.
(6) Laws relating to prostitution or acts relating to prostitution as defined in M.S.
609.321, Subdivision 9 and 609.324, housing individuals engaged in prostitution.
(7) Chapter 136 of this code (weapons) or laws relating to unlawful use or possession of
a firearm as defined in M.S. 609.66 et seq., on the licensed premises.
(8) 134.01 of this code (assaults) or laws relating to assault.
(9) Laws relating to contributing to the need for protection or services or delinquency of
a minor as defined in M.S. 260C, et seq.
(10) M.S. 609.33, relating to owning, leasing, operating, managing, maintaining or
conducting a disorderly house or inviting or attempting to invite others to visit or remain in a
disorderly house.
(11) M.S. 609.50 which prohibits interference with a police officer.
(12) M.S. 609.713 which prohibits terroristic threats.
(13) M.S. 609.715 which prohibits presence of unlawful assembly.
(14) M.S. 609.71 which prohibits riot.

(15) M.S. 609.226 and 347.56, relating to dangerous dogs.
(16) M.S. 609.78 which prohibits interfering with "911" phone calls.
(17) M.S. 609.75 through 609.76, which prohibits gambling.
(18) M.S. 243.166 (Predatory Offender Registration).
(19) M.S. 609.229 (Crime committed for benefit of a gang).
(20) M.S. 609.26, subdivision 1(8) (causing or contributing to a child being a
runaway).
(21) M.S. 609.903 (Racketeering).
(B) Conduct enforcement. The City Manager is responsible for enforcement and
administration of this section.
(C) Upon determination by the City Manager that a rental dwelling was used in a
disorderly manner, as described in paragraph (A) of this section, the City Manager must give
notice to the owner/licensee of the violation and direct that steps be taken to prevent further
violations.
(D) If a second instance of disorderly use of a rental dwelling occurs within the
12-month period following an incident for which a notice in paragraph (C) of this section was
given, the City Manager must notify the owner/licensee of the violation and must also require the
owner/licensee to submit a written report of the actions taken, and proposed to be taken to
prevent further disorderly use. This written report must be submitted to the City Manager within
ten business days of receipt of the notice of disorderly use and must detail all actions taken by the
owner/licensee in response to all notices of disorderly use within the preceding 12 months.
(E) (1) If a third instance of disorderly use of a rental dwelling occurs within the
12-month period following any two previous instances of disorderly use for which notices were
given, the City Manager must notify the owner/licensee of the violation and must also require the
owner/licensee to submit a written report of the actions taken, and proposed to be taken, to
prevent further disorderly use. The 12-month period begins on the date of the police report
generated in response to the first instance of disorderly use. The written report must be submitted
to the City Manager within ten business days of receipt of the notice of disorderly use and must
detail all actions taken in response to all notices of disorderly use within the preceding 12
months.
(2) After the third instance of disorderly use, the City Manager may deny, revoke,
suspend or not renew the license for the premises. Before such an action, the City Manager must
give to the owner/licensee written notice of a hearing before the City Hearing Officer to consider
such denial, revocation, suspension or non-renewal. Such written notice must specify all

violations of this section, and must state the date, time, place and purpose of the hearing. The
hearing must be held no less than ten days and no more than 30 days after giving such notice.
(3) Following the hearing, the City Manager may deny, revoke, suspend or decline to
renew the license for all or any part or parts of the rental dwelling or may grant a license upon
such terms and conditions as it deems necessary to accomplish the purposes of this section.
(4) Appeal. Following receipt of a decision by the City Manager to deny, revoke,
suspend, or not renew a license, the owner/licensee may request a hearing before the City
Council. The request must be made in writing to the City Manager within ten days of the City
Manager's decision.
(5) Upon a decision to revoke, suspend, deny or not renew a license for violations of this
section, the owner/licensee will not be eligible for any new rental licenses for a period determined
by the City Manager, but not to exceed one year. Any person who has had two or more licenses
revoked, suspended, denied or not renewed for violations of this section, will not be eligible for
any new rental licenses for a period determined by the City Manager, but not to exceed two years.
(F) No adverse license action shall be imposed where the instance of disorderly use
occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of
notice given to a tenant to vacate the premises where the disorderly use was related to conduct by
that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings are not a
bar to adverse license action, however, unless they are diligently pursued by the licensee.
(G) A determination that a rental dwelling has been used in a disorderly manner as
described in paragraph (A) of this section shall be made upon a fair preponderance of the evidence
to support such a determination. It is not necessary that criminal charges be brought in order to
support a determination of disorderly use nor does the fact of dismissal or acquittal of such a
criminal charge operate as a bar to adverse license action under this section.
(H) All notices given by the city under this section must be personally served on the
owner/licensee, sent by certified mail to the owner/licensee's last known address or, if neither
method of service effects notice, by posting on a conspicuous place on the rental dwelling.
(I) Enforcement actions provided in this section are not exclusive, and the City
Manager may take any action with respect to a licensee, a tenant, or a rental dwelling as is
authorized by the city code, state or federal law. The City Manager may postpone or discontinue
any enforcement action, including an action to deny, revoke, suspend, or not renew a license, if it
appears that the owner/licensee has taken appropriate measures to prevent further instances of
disorderly use.
('72 Code, 455:50) (Ord. 1992-710, passed - - ; Am. Ord. 2002-975, passed 6-10-02; Am.
Ord. 2008-1090, passed 7-7-08) Penalty, see 10.99

117.491 MINNESOTA CRIME FREE MULTI-HOUSING PROGRAM.
(A) The city has established a rental owner educational program consistent with the
Minnesota Crime Free Multi-housing Program. This educational program will include, but is not
limited to information such as: applicant screening, rental agreements, identification of illegal
activity, eviction process, the roles of working with the police, crime prevention, code
enforcement and public health, licensing and inspections, and active property management. The
following are requirements of the program:
(1) All owners or operators must attend one of these regularly-scheduled seminars within
two years of the issuance of a new rental license.
(2) Owners or operators possessing rental licenses issued prior to the enactment of this
section will be required to attend the Crime Free Housing Program within one year of the renewal
their rental license.
(3) The owner or operator of a property notified of a third instance of disorderly use
under 117.49 will be required to attend the next available Brooklyn Park Crime Free Housing
Program to maintain their rental license.
(4) Program attendees will be required to pay a participation fee in an amount
determined to cover the direct cost of the program.
(B) An owner whose only rental dwelling is a single-family dwelling homesteaded by a
relative is exempted from the program.
(C) All tenant leases signed following the enactment of this section, except for state-licensed
residential facilities and subject to all preemptory state and federal laws, shall contain the
following Crime Free Housing Addendum language:
(1) Resident, any members of the resident's household or a guest or other person
affiliated with resident shall not engage in criminal activity, including drug-related criminal
activity, on or near the premises.
(2) Resident, any members of the resident 's household or a guest or other person
affiliated with resident shall not engage in any act intended to facilitate criminal activity, including
drug-related criminal activity, on or near the premises.
(3) Resident or members of the household will not permit the dwelling unit to be used
for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether
the individual engaging in such activity is a member of the household, or a guest.
(4) Resident, any member of the resident's household or a guest, or other person
affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing,
keeping, or giving of a controlled substance at any locations, whether on or near the premises or

otherwise.
(5) Violation of the above provisions shall be a material and irreparable violation of the
lease and good cause for immediate termination of tenancy.
(6) The term DRUG RELATED CRIMINAL ACTIVITY means the illegal manufacture
sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a
controlled substance or any substance represented to be drugs (as defined in Section 102 of the
Controlled Substance Act [21 U.S.C. 802]).
(7) Non-exclusive remedies. The Crime Free Housing Addendum language is in addition
to all other terms of the lease and does not limit or replace any other provisions.
(D) Upon determination by the City Manager that a licensed premises or unit within a
licensed premises was used in violation of the Crime Free Housing Addendum language, the City
Manager shall notify the owner and property manager of the violation. The owner or property
manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime
Free Housing Addendum language and proceed with the termination of the tenancy of all tenants
occupying the unit. The owner shall not enter into a new lease with the evicted tenant for a period
of one year after the eviction. If the owner or property manager fails to comply with this section,
the City Manager may initiate an action to deny, revoke, suspend, or not renew the license as
outlined in 117.49(E).
(Ord. 208-1090, passed 7-7-08)
117.50 LANDSCAPE CONDITION.
Each rental dwelling must be maintained by its owner, occupant, or operator so that the yards,
open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional
use permit has been granted, the landscaping shown on the approved landscaping plan is
considered as minimal and must be maintained accordingly. Any deviation to species or material
shall be equal to or better than originally approved. In addition, adequate lighting facilities must
be provided and operated between the hours of sunset and sunrise; and snow plowing or snow
shoveling must be regularly accomplished to maintain all sidewalk and parking areas in a safe and
passable condition.
('72 Code, 455:70) (Am. Ord. 1983-421(A), passed 5-9-83; Am. Ord. 2002-975, passed
6-10-02) Penalty, see 10.99
117.51 SAFETY FROM FIRE.
An owner or operator of a rental dwelling is responsible to comply with the applicable
provisions of the Fire Prevention Code of the city in keeping open all fire lanes established by the
city.

('72 Code, 455:75) (Am. Ord. 1983-421(A), passed 5-9-83; Am. Ord. 2002-975, passed
6-10-02) Penalty, see 10.99
117.52 ENFORCEMENT.
(A) Responsibility. It is the responsibility of the owner and operator/manager to be in
compliance with this subchapter, other city ordinances and state laws.
(B) Maintenance standards. Every rental dwelling must maintain the standards in the city
property maintenance code, Chapter 106 of this code, in addition to any other requirement of the
ordinances of the city or special permits issued by the city, or the laws of the State of Minnesota.
(C) Inspections and investigations.
(1) The City Manager is authorized to make inspections to enforce this subchapter.
(2) All designated agents authorized to inspect have the authority to enter, at all
reasonable times, any rental dwelling. Prior to entering a rental dwelling, the designated agent
must first present proper credentials and request entry. If any owner, operator, occupant or other
person(s) in charge of a rental dwelling fails or refuses to permit access and entry to the rental
dwelling, or any part thereof, the designated agent may, upon showing that probable cause exists
for the inspection and for the issuance of an order directing compliance with the inspection
requirements of this section, petition and obtain such order from a court of competent jurisdiction
in order to secure entry.
(3) Compliance orders must be written in accordance with 107.00 of the International
Property Maintenence Code.
(4) There is no fee charged for an initial inspection to determine the existence of a
housing maintenance code violation, nor any fee for the first reinspection to determine compliance
with an order to correct a housing maintenance code violation.
(a) A fee will be charged for each subsequent re-inspection occurring after the due
date for compliance with an order, as determined by the City Manager. The amount of the
re-inspection fee will be set by resolution of the council as listed in the Appendix of this code.
(b) The re-inspection fees prescribed above are to be billed directly to the owner or
operator/manager for the property upon completion of any re-inspection for which a fee is
required. Failure to pay such fees is grounds for revocation, suspension, or non-issuance of a
rental dwelling license. This subdivision is not to be considered the exclusive method of
collecting re-inspection fees and does not preclude collection by other lawful means.
(c) Every notice of violation and order to correct housing code violations must
contain a clear and conspicuous explanation of the policy in this section requiring re-inspection
fees for subsequent re-inspection.

(d) The City Manager may waive a re-inspection fee in case of error, mistake,
injustice, or other good cause.
(D) Revocation, suspension, denial or non-renewal of license.
(1) The City Manager may revoke, suspend, deny or decline to renew any license issued
under this subchapter for part or all of a rental dwelling upon any of the following grounds:
(a) False statements on any application or other information or report required by this
subchapter to be given by the applicant or licensee;
(b) Failure to pay any application, penalty, reinspection or reinstatement fee required
either by this section or City Council resolution;
(c) Failure to correct deficiencies in the time specified in a compliance order;
(d) Failure to allow an authorized inspection of a rental dwelling;
(e) Violation of an owner's duties under M.S. 299C.66 to 299C.71 ("Kari
Koskinen Manager Background Check Act");
(f) Failure to comply with the Minnesota Crime Free Multi-housing Program
requirements in 117.491.
(g) Any other violation of this subchapter.
(2) Before the City Manager may revoke, suspend, deny or not renew a license, written
notice must be sent to the applicant or owner/licensee setting forth the alleged grounds for the
potential action. The notice must also specify a date for a hearing before the Hearing Officer,
which must not be less than ten days from the date of the notice. At the hearing, the
owner/licensee may present witnesses in their defense. The Hearing Officer may give due regard
to the frequency and seriousness of violations, the ease with which such violations could have
been cured or avoided and good faith efforts to comply and shall issue written findings.
(3) Upon a decision to revoke, deny or not renew a license, the owner/licensee will not
be eligible for any new rental licenses for a period determined by the City Manager, but not to
exceed one year.
(4) A decision to revoke, suspend, deny or not renew a license or application will specify
the part or parts of the rental dwelling to which it applies. Until a license is reissued or reinstated,
no rental units becoming vacant in such part or parts of the rental dwelling may be relet or
occupied. Revocation, suspension or non-renewal of a license will not excuse the owner/licensee
from compliance with all terms of this section for as long as any units in the rental dwelling are
occupied.

(5) Failure to comply with all terms of this section during the term of revocation,
suspension or non-renewal is a misdemeanor and grounds for extension of the term of revocation,
suspension or continuation of non-renewal of the license.
(6) Appeal. Following receipt of a decision by the City Manager to deny, revoke,
suspend, or not renew a license, the owner/licensee may request a hearing before the City
Council. The request must be made in writing to the City Manager within ten days of the City
Manager's decision.
(E) [Reserved].
(F) Summary action.
(1) When the conduct of any owner/licensee or their agent, representative, employee or
lessee or the condition of their rental dwelling is detrimental to the public health, sanitation, safety
and general welfare of the community at large or residents of the rental dwelling as to constitute a
nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency,
the City Manager has the authority to summarily condemn or close off individual units or such
areas of the rental dwelling. Notice of summary condemnation must be posted at the location of
the rental dwelling license and at the units or areas affected and shall indicate the units or areas
affected. Upon notice of summary condemnation, the City Manager may deny, revoke, suspend
or decline to renew the license for all or any part or parts of the rental dwelling or may impose
terms and conditions as necessary to remedy the nuisance, fire hazard, or other unsafe or
dangerous condition.
(2) Any person aggrieved by a decision or action of the City Manager under paragraph
(F) shall be entitled to appeal to the City Council by filing a notice of appeal in the office of the
City Manager. The appeal must be filed within ten days of the City Manager's decision. The City
Manager will schedule a date for a hearing before the City Council and notify the aggrieved
person of the date.
(3) The hearing must be conducted in the same manner as if the aggrieved person had
not received summary action.
(4) The decision of the City Manager is not voided by the filing of such appeal. Only
after the Council has held its hearing will the decision or action of the City Manager be affected.
(G) Posting of unlicensed properties. Any dwelling found in violation of 117.43 of this
subchapter may be posted with a placard near or upon the main entrance of the dwelling and must
be substantially in the following form:
NOTICE
Property Address
This property is in violation of Brooklyn Park Ordinance Section 117:43, License
Required. Failure to obtain a rental license will result in legal action. Any unauthorized
person removing or defacing this notice will be prosecuted.
Division...Designated Agent...Date
('72 Code, 455:78) (Ord. 1996-795, passed 1-22-96; Am. Ord. 2001-956, passed 8-13-01; Am.
Ord. 2002-975, passed 6-10-02; Am. Ord. 2003-1007, passed 10-27-03; Am. Ord. 2004-1021,
passed 11-15-04; Am. Ord. 2005-1036, passed 5-23-05; Am. Ord. 2008-1090, passed 7-7-08)
117.521 ASSESSMENT OF UNPAID ADMINISTRATIVE PENALTIES.
Any unpaid administrative penalty for failure to comply with the rental licensing provisions in
117.40 through 117.52 of this code may be assessed against the property in the manner set
forth in 37.08 of this code.
(Ord. 2009-1103, passed 9-8-09)
**********************
134.03 NOISY PARTIES.
(A) It is unlawful, between the hours of 10:00 p.m. and 7:00 a.m., to congregate because of
or participate in any party or gathering of people from which noise emanates of a sufficient
volume so as to disturb the peace, quiet or repose of persons residing in any residential area.
(B) It is unlawful to visit or remain within any residential dwelling unit wherein such party
or gathering is taking place except persons who have gone there for the sole purpose of abating
the disturbance.
('72 Code, 965:00) Penalty, see 10.99
City of Burnsville Ordinances - Chapter 12 (Trespass)
6-12-1: PURPOSE:
The purpose of this Chapter is to allow an owner or their agent of a covered premises to which
the public has an implicit right of access to exclude a person from that property if the person has
committed a crime on the property or has violated the properly posted or otherwise provided
rules of conduct for the property. (Ord. 700, 12-15-1997)
6-12-2: DEFINITIONS:
For the purposes of this Chapter, the following words and terms shall have the following
meanings, unless the context clearly indicates otherwise:
COVERED PREMISES: Any improved real property, or portion thereof, within the City of
Burnsville, to which the public has an implicit right of access, including, but not limited to, places
of worship, shopping malls, retail sales facilities, hotels, motels, nursing homes, restaurants,
multiple dwellings, manufactured home communities, hospitals, medical and dental offices, clubs,
lodges, office buildings, banks and financial institutions, transit stations, athletic and recreational
facilities including ice rinks, personal service establishments, theaters, daycare facilities and the
parking lots appurtenant to any covered premises.
PRIVATE AREAS: Areas within the covered premises not normally accessible to members of
the public without explicit permission of the person in direct control of the area, including, but not
limited to, individual apartment units, manufactured homes, employee rest areas and facilities,
banquet halls, meeting rooms, and private offices.
PROPERTY MANAGER: Any owner of a covered premises, or the agent of the owner or any
tenant who is authorized by the owner to exercise control over the covered premises, including its
public commons areas.
PUBLIC COMMON AREAS: Other common areas within the covered premises normally
within the exclusive control of a tenant but subject to reasonable regulation by the property
manager, including, but not limited to, sales floors, store restroom facilities accessible to
customers or clients, checkout lanes, and customer service areas.
TENANT: Any authorized occupant of a covered premises, or the agent thereof, but excluding an
occupant of a domestic use, such as a renter or lessee of a dwelling or apartment, owner or renter
of a manufactured home, resident in a nursing home, or a hotel or motel guest.
TRESPASS NOTICE: A written notice that contains minimally the following information:
(A) Verbatim copies of Sections 6-12-5 and 6-12-6 of this Chapter.
(B) The name, date of birth, and address of the person to whom the notice is issued and the name
of the person's custodial parent or guardian if the person is a juvenile. False, misleading or
inaccurate information provided by the person, their parent or guardian, shall not render the
trespass notice void. A good faith effort on the part of the issuer to ascertain the correct identity
of the person shall be sufficient to give force and effect to the trespass notice.
(C) A description of the conduct that forms the basis for the issuance of the notice.
(D) A description of the covered premises or portion thereof to which the notice applies.
(E) The period during which the notice is in effect, including the date of its expiration.
(F) The name, title, address and telephone number of a person with authority to modify, amend or
rescind the notice.
(G) The method by which the notice was served upon the person to whom it was issued. (Ord.
700, 12-15-1997)
6-12-3: ISSUANCE OF TRESPASS NOTICE:
A property manager or tenant may issue a trespass notice to a person only if there is probable
cause to believe the person has, within thirty (30) days before the issuance of the notice:
(A) Committed an act prohibited by State statute or Cityordinance while on the covered premises;
or
(B) Violated any rule of conduct for the covered premises that has been conspicuously posted at
public entrances to the covered premises or that the property manager or tenant has provided to
the person in writing or that the person has actual knowledge of. (Ord. 700, 12-15-1997)
6-12-4: COVERAGE OF TRESPASS NOTICE:
(A) If issued by a property manager or its agent, a trespass notice is effective only as to those
public common areas and private areas within the property manager's exclusive control, except
that a trespass notice may also cover private common areas and other private areas provided the
tenant or tenants in control of such areas have agreed to be precluded from inviting onto the
premises any person to whom a trespass notice has been issued under this Chapter. Such a
trespass notice must state that the tenant or tenants of the covered premises are precluded from
inviting onto the covered premises any person to whom a trespass notice has been issued under
this Chapter.
(B) If issued by a tenant, the trespass notice is effective only as to those private common areas
and private areas over which the tenant has control.
(C) A notice broader in coverage than authorized by this Section shall not be invalid, but shall be
valid to the extent authorized by this Section. (Ord. 700, 12-15-1997)
6-12-5: PROHIBITED CONDUCT:
(A) No person shall trespass in or upon any covered premises of another and, without claim of
right, refuse to depart therefrom on demand of the property manager or its agent, or a tenant
authorized to exercise control over the covered premises or portion involved.
(B) No person served with a trespass notice in conformity with this Chapter shall enter in or upon
the premises described therein during its effective period without the written permission of the
notice issuer, agent or assign.
(C) No person shall enter any public facility, utility, or ground thereto, or any covered premises or
portion thereof in violation of conspicuously posted signs prohibiting or restricting access thereto,
including, but not limited to, the following: "No Trespassing", "Authorized Personnel Only",
"Private", "Employees Only", "Emergency Exit Only". (Ord. 700, 12-15-1997)
6-12-6: VIOLATIONS:
Any person violating any of the provisions of this Chapter is guilty of a misdemeanor. (Ord. 700,
12-15-1997)
6-12-7: ADDITIONAL PROVISIONS:
(A) No trespass notice shall be effective for more than one year.
(B) All trespass notices issued pursuant to this Chapter must be properly served upon the person
named therein as follows:
1. Personal service documented by either a receipt signed by the person to whom it was issued or
an affidavit of the issuer; or
2. If the person is arrested or detained by a police officer, the officer may personally serve the
notice on behalf of the property manager or tenant and document service in the officer's report
detailing the incident. (Ord. 700, 12-15-1997)
6-12-8: SEVERABILITY:
If any section or portion of any section of this Chapter is deemed invalid or unconstitutional by a
court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity
of other sections or portions of sections of this Chapter. (Ord. 700, 12-15-1997)
Attachment 1
Title 12 HOUSING*\ Chapter 244. MAINTENANCE CODE\
Article XVI. RENTAL DWELLING LICENSES
244.2020. Conduct on licensed premises.
(a) It shall be the responsibility of the licensee to take appropriate action, with the assistance of the community
crime prevention/SAFE unit and other units of the Minneapolis Police Department, following conduct by
tenants and/or their guests on the licensed premises which is determined to be disorderly, in violation of any
of the following statutes or ordinances, to prevent further violations.
(1) Minnesota Statutes, Sections 609.75 through 609.76, which prohibit gambling;
(2) Minnesota Statutes, Section 609.321 through 609.324, which prohibits prostitution and acts relating
thereto;
(3) Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027, Subdivisions 1 and 2, which
prohibit the unlawful sale or possession of controlled substances;
(4) Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic beverages;
(5) Section 389.65 of this Code, which prohibits noisy assemblies;
(6) Minnesota Statutes, Sections 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716,
and section 393.40, 393.50, 393.70, 393.80, 393.90 and 393.150 of this Code, which prohibit the
unlawful possession, transportation, sale or use of a weapon; or
(7) Minnesota Statutes, Section 609.72, and Section 385.90 of this Code, which prohibit disorderly conduct,
when the violation disturbs the peace and quiet of the occupants of at least two (2) units on the licensed
premises or other premises, other than the unit occupied by the person(s) committing the violation.
(b) The community crime prevention/SAFE unit and the inspections division shall be jointly responsible for
enforcement and administration of Section 244.2020.
(c) Upon determination by the community crime prevention/SAFE unit utilizing established procedures, that a
licensed premises was used in a disorderly manner, as described in subsection (a), the responsible SAFE
team shall notify the licensee by mail of the violation and direct the licensee to take appropriate action with
the assistance of the community crime prevention/SAFE unit and other units of the Minneapolis Police
Department to prevent further violations.
(d) The established procedures manual is available to the public from the community services bureau of the
Minneapolis Police Department.
(e) If another instance of disorderly use of the licensed premises occurs within eighteen (18) months, if the
premises contains between one (1) and six (6) distinct and separate residential units, or within twelve (12)
months, if the premises contains more than six (6) distinct and separate residential units, of an incident for
which a notice in subsection (c) was given, the responsible SAFE team shall notify the licensee by mail of
the violation. The licensee shall submit a written management plan to the SAFE team within ten (10) days
of receipt of the notice of disorderly use of the premises. The written management plan shall detail all
actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding
twelve (12) months. The written management plan shall also detail all actions taken and proposed to be
taken by the licensee to prevent further disorderly use of the premises. The notice provided to the licensee
of the violation shall inform the licensee of the requirement of submitting a written management plan. That
notice shall further inform the licensee that failure to submit a written management plan may result in the
city council taking action to deny, refuse to renew, revoke, or suspend the license. The licensee or the listed
agent/contact person for the licensee shall also successfully complete a property owner's workshop at the
direction of and in accordance with a schedule set forth by the SAFE team. Any costs associated with that
workshop will be the sole responsibility of the licensee.
(f) When required by paragraph (d), the rental dwelling license for the premises may be denied, revoked,
suspended, or not renewed if the licensee fails to submit a written management plan that satisfies the
requirements set forth in paragraph (d). An action to deny, revoke, suspend, or not renew a license under
this section shall be initiated by the director of inspections in the manner described in Section 244.1940, and
shall proceed according to the procedures established in Sections 244.1950, 244.1960, and 244.1970.
(g) If another instance of disorderly use of the licensed premises occurs within eighteen (18) months, if the
premises contains between one (1) and six (6) distinct and separate residential units, or within twelve (12)
months, if the premises contains more than six (6) distinct and separate residential units, after the second of
any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this
section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An
action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the director of
inspections in the manner described in Section 244.1940, and shall proceed according to the procedures
established in Sections 244.1950, 244.1960, and 244.1970.
(h) No adverse license action shall be imposed where the instance of disorderly use of the licensed premises
occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days after a
notice is given by the licensee to a tenant to vacate the premises, where the disorderly use was related to
conduct by that tenant or his/her guests. Eviction proceedings shall not be a bar to adverse license action,
however, unless they are diligently pursued by the licensee. A notice to vacate shall not be a bar to adverse
license action unless a copy of the notice is submitted to the SAFE team within ten (10) days of receipt of
the violation notice. Further, an action to deny, revoke, suspend, or not renew a license based upon
violations of this section may be postponed or discontinued by the director of inspections at any time if it
appears that the licensee has taken appropriate action to prevent further instances of disorderly use.
(i) A determination that the licensed premises have been used in a disorderly manner as described in subsection
(a) shall be made upon substantial evidence to support such a determination. It shall not be necessary that
criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or
acquittal of such a criminal charge operate as a bar to adverse license action under this section.
(a) The public safety and regulatory services committee shall review Section 244.2020 three (3) years after
the effective date of these revisions to determine its impact upon both landlords and tenants, and to
recommend any changes which may be appropriate. The directors of regulatory services and the
community services bureau shall keep records of all actions and proposed actions under Section 244.2020
to facilitate the committee review required herein. (90-Or-235, 6, 9-14-90; 91-Or-071, 1, 4-26-91; 92-
Or-019, 1, 2, 2-21-92; 95-Or-097, 5, 6-30-95; Ord. No. 98-Or-142, 1, 12-4-98; 99-Or-163, 13,
12-17-99; 2004-Or-112, 2, 10-8-04; 2005-Or-142, 1, 12-23-05)
LANDLORD-TENANT & EVICTIONS
Table of Contents
Overview of the Eviction Process: (Landlord)
Choosing Whether to File A Summary Or Formal Eviction Action.. 3
How to File A:
Summary Eviction Action .. 6
Formal Eviction Action.. 9
Overview of Eviction Process (Tenant)
How to Respond To An Eviction Notice .. 10
What to Expect At an Eviction Hearing ... 21
What to Do If You Received an Order for Summary Eviction . 28
Other Landlord/Tenant Issues
What to Do If You Have Been Illegally Locked Out ..18
What to Do If Your Rental Unit is Without Essential Services ..19
Abandonment ..25
Personal Property Left In A Rental Unit Deposits .. 25
Mobile Home Evictions ...27
Security Deposits 30
LAWS, RULES AND RESOURCES ON LANDLORD-TENANT MATTERS & EVICTIONS ..31
FORMS 32
INFORMATION FOR LANDLORDS
Overview of the Eviction Process
Unless a tenant has surrendered possession of the rental premises to the landlord or abandoned (see pg. 33) possession of the rental property, a
landlord must file an eviction action in order to remove the tenant. See NRS 118A.480.
There are two ways in which a landlord may seek to evict a tenant:
(1) the summary eviction process or;
(2) the formal eviction process .
The first step in both processes is the same and requires the service of an eviction notice. However, the second step is different as each process
involves its own set of unique procedures and documents.
Summary Evictions
A summary eviction action begins with the landlord serving the tenant one or, in some instances, two eviction notices. Upon receipt of the
eviction notice(s), the tenant may choose to:
leave the property;
comply with the notice (that is, pay rent or remedy the lease violation);
file an Answer with the court.
If the tenant files an Answer and the landlord files a complaint, the court will schedule a hearing, usually within a week, to determine whether an
order for summary eviction should be granted. The landlord must file a complaint before the case is scheduled for a hearing.
Select the links to view a flowchart of how the summary eviction process works for evictions for non-payment of rent and for evictions for reaso
ns other than non-payment of rent .
Formal evictions
A formal eviction action allows the landlord to request possession of the rental unit and money damages in a single suit. Formal evictions,
however, are subject to more rules, as well as stricter rules, than summary evictions.
Choosing Whether to File A Summary or Formal Eviction Action
In most cases, the landlord can choose whether to file a summary or formal eviction action. However, there are circumstances under which
summary eviction cannot be used. For instance, summary eviction is not available for:
1) Evictions following the foreclosure sale of a rental property (See NRS 40.255)
2) Eviction of commercial tenants for other than nonpayment of rent
(See NRS 40.254)
3) Eviction of a tenant of a mobile home park from the park
(See NRS 40.253(10) and NRS Chapter 118B)
The benefits of summary eviction are:
1. It is easy to file on your own without the assistance of an attorney; and
2. You are likely to get the tenant out of your property in a shorter time period than with the formal eviction process.
The drawbacks to summary eviction are:
1. You cannot get a money judgment as part of your action (but you can sue in a separate action);
2. If there is a genuine dispute over material facts, the court must dismiss the action (although you can re-file a formal eviction action); and
3. The tenant may be able to file an appeal, and remain in the unit until the appeal is heard by posting a bond with the court that may be
cheaper than that required in the formal eviction process.
Overview of the Summary Eviction Process
(Non-Payment of Rent)
Overview of the Summary Eviction Process
(Other than Non-Payment of Rent)
How to File a Summary Eviction Action
Step 1: Choose the Correct Eviction Notice(s)
All summary eviction actions are initiated by sending the tenant a notice. The type of notice(s) that are served depends on the grounds upon
which the landlord is seeking to evict his tenant. The landlord can serve a summary eviction notice for:
Step 2: Serve the First Eviction Notice
A. If you are seeking to evict the tenant for non-payment of rent, you only need to serve one notice. If the tenant does not comply with that
notice by paying rent or moving out, you may skip to Step 4.
B. If you are seeking to evict the tenant for reasons other than nonpayment of rent, you will need to serve two eviction notices:

1. A Notice setting forth the grounds for the eviction (for example, a lease violation, nuisance, etc.) and, if the tenant does not comply with that
notice;
2. A 2nd notice known as an Unlawful Detainer notice.
C. All eviction notices must be served in one of the three following ways:
1. Serving the tenant personally, in the presence of a witness;
2. If the tenant is not at the rental premises, leaving a copy with a person of suitable age and discretion (at least 14 years old), in which case a
copy must also be mailed to the tenant; or

3. If the tenants place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found
there, you can post a copy of the notice on a conspicuous place at the rental unit and mail a copy to the tenant. NRS 40.280(1)
D. Please note, that before an order for summary eviction can be issued, the landlord must file:
1. A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date;
2. A certificate of mailing issued by the United States Postal Service, unless the landlord rents the premises by the week, (certificates of mailing
issued by contract postal units will not suffice); or
3. The endorsement of a sheriff, constable or other process server stating the time and manner of service.
Step 3: Serve the Second Eviction Notice, If Necessary
If you are seeking to summarily evict a tenant for anything other than non-payment of rent, you may serve an Unlawful Detainer notice if the
tenant fails to comply with the first notice (for example, by remedying the lease violation, moving out of the property, etc.)
Step 4: File a Complaint and Supporting Documents with the Justice Court
If the tenant did not comply with the Pay Rent or Quit or Unlawful Detainer Notice , you may apply for an eviction order by filing the
following documents with the Justice Court in the township in which the rental premises is situated:
1. Complaint for Summary Eviction;
2. All Eviction Notices served on the tenant;
3. The Written Rental or Lease Agreement, if any; and
4. An Original Affidavit of Service and when required, a certificate of mailing.
You should file at least one original and two copies of your documents, and be prepared to pay a filing fee.
PLEASE NOTE: In Las Vegas Justice Court, you may not file your Complaint until after the time for the tenant to file an Answer has expired
(for example, if you personally served a pay rent or quit notice or unlawful detainer notice, you may not file for 6 business days after the day of
service. If you served the tenant by mail, 3 calendar days are added to this time period).
Step 5: Attend A Hearing, If Necessary
If the tenant has filed an answer to the eviction notice(s), the court will schedule a hearing. In the Las Vegas Justice Court, a notice of hearing
will be mailed to both parties upon the landlord filing his or her complaint.
At the hearing, both parties will have a brief opportunity to present the facts of their case. Summary eviction is intended for cases in which the
landlords right to possession of the property is clear. Under Nevada law, if the landlords right to possess the property is not
clear, the court is required to dismiss the action if it finds that there is a genuine dispute over material facts.
Step 6: Make Arrangements with the Constable to Remove the Tenant
If you were granted an order for summary eviction, you will need to make arrangements with the constable in your township to remove the
tenant. The fees charged by the constable for this service may vary so you should make arrangements with them in advance.
How to File a Formal Eviction Action
Step 1: Choose the Correct Eviction Notice(s)
Formal eviction actions are initiated by sending the tenant a notice. The type of notice(s) that are served depends why the landlord is seeking to
evict his tenant. For instance, there are eviction notices for:
PLEASE NOTE: If you are seeking to evict the tenant of a mobile home lot,(link to glossary of terms) there are different notices that apply.
See Mobile Home Park Evictions for an explanation.
Step 2: Serve the Eviction Notice
All eviction notices must be served in one of the three following ways:
1. Serving the tenant personally, in the presence of a witness;
2. If the tenant is not at the rental premises, leaving a copy with a person of suitable age and discretion (at least 14 years old) in
which case a copy must also be mailed to the tenant; or

3. If the tenants place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, yo
u can post a copy of the notice on a conspicuous place at the rental unit and mail a copy to the tenant. NRS 40.280(1)
NOTE: If you are seeking to evict based upon a foreclosure or sale of a residential property, there are unique notice
requirements that are NOT addressed here.
Step 3: If Necessary, File A Complaint and an Order to Show Cause or Notice of Trial Setting With the Approp
riate Court
If the tenant complied with the notice (for example, by paying rent, remedying the lease violation, moving, etc.), the landlord may
have no further need to proceed with the eviction. If the tenant did not comply with the notice the landlord should:
1. Determine the appropriate court in which to file his or her complaint and related documents as follows:
a. If the landlord is seeking money damages of $10,000 or less, file in Justice Court.
b. If the landlord is seeking money damages in excess of $10,000, file in District Court
2. File a complaint and have the clerk issue a summons. The landlord should also file documents to schedule a hearing, a trial or
both.
a. If the landlord simply wishes to schedule a trial, filing a Notice of Trial Setting will be sufficient.
b. If the landlord wishes to remove the tenant before a trial, the landlord can file an Application for an Order to Show Cause and
submit an Order to Show Cause to schedule a hearing to request the court to issue a Temporary Writ of Restitution. The Order to
Show Cause form may be used to schedule both a hearing and a trial.
Step 4: Serve the Summons, Complaint and Order to Show Cause or Notice
Of Trial Setting
The landlord must then have any person who is not a party to the action and who is over 18 years of age serve the tenant with a copy
of the summons, complaint and either the Order to Show Cause or Notice of Trial Setting. The tenant must be served personally o
r by leaving copies at the defendants home with some person of suitable age and discretion who lives there. See Justice Court
Rules of Civil Procedure 4(a) and (d)(6).
If the Landlord has been unsuccessful in serving the complaint, he or she may file an Affidavit of Due Diligence describing his
attempts to serve the defendant and may file an Application for Service by Publication requesting that the court allow the tenant
to be served by publication. Justice Court Rules of Civil Procedure 4(e)(1)(iii).
Step 5: Attend the Hearing or Trial
Depending on what you filed, an Order to Show Cause hearing will be scheduled to request that the court issue a Temporary Writ
of Restitution and/or a trial to request that the court issue a Permanent Writ of Restitution and Judgment.
Step 6: Make Arrangements with the Constable to Remove the Tenant
If you were granted either a Temporary or Permanent Writ of Restitution, you will need to arrange to have the sheriff or a constable
in your town serve this document upon the tenant.
INFORMATION FOR TENANTS
How to Respond To an Eviction Notice
Step 1: Understand How the Eviction Process Works
Getting an eviction notice can be an overwhelming experience. Taking the time to understand how the eviction process works will
help you evaluate your options so that you can make the best decision possible under the circumstances.
Step 2: How Is Your Landlord Trying To Evict You?
You first need to determine how your landlord is trying to evict you. This is important as what documents you file and how much
time you have to take action will depend on whether your landlord is trying to evict you through:
1. the summary eviction process :or
2. the formal eviction process.
Summary Eviction
Most landlords use the summary eviction process, and may send you any one of the following types of notices:
Pay Rent or Quit (You will receive a single 5-day notice)

Nuisance, Assignment/Subletting, or Unlawful Business (You will receive a 3- day notice that will be followed by a 5-day
Unlawful Detainer notice)
Lease Violation (You will receive a 5-day notice that will be followed by a 5-day Unlawful Detainer notice)
No Cause(You will receive a 7 or 30-day notice, depending on whether you pay rent by the week or month, followed by a
5-day Unlawful Detainer notice)
Tenancy-at-Will (You will receive a 5-day notice that will be followed by a 5-day Unlawful Detainer notice)
Click on the above links for specific information regarding how to respond to an eviction notice based on any of the above reasons.
Formal Eviction
If your landlord is using the formal eviction process, as banks which have foreclosed on a residence and landlords in mobile home
parks are generally required to do, he or she will send you only one eviction notice that will be followed by the document Summons
and Complaint.
Step 3: Choose How to Respond
When you receive eviction notice(s), or an eviction notice followed by a complaint, your options are generally to:
1. Move; or
2. Comply with the notice (that is, pay rent or remedy the lease violation); or
3. File an Answer with the court
Step 4: Determine How Much Time You Have To Take Action
A) How much time you have to act in response to an eviction notice, depends on:
1. Whether You Were Served Personally or By Mail; and
2. How Much Time Is Given In the Notice.

If you were personally served with a Notice to Pay Rent or Quit, or an Unlawful Detainer Notice, you must file an Answer on or
before noon on the 5th full judicial day following service of the notice. If the notice was served by mail, you have an additional 3
additional calendar days in which to file your affidavit. See Justice Courts Rules of Civil Procedure 6(e)].
1. How Much Time Is Given In The Notice?
If the notice tells you to take action in 10 days or less (as nearly all eviction notices will), it is referring to judicial days. A judicial
day does not include:
a. The day of service;
b. Weekends; or
c.. Legal Holidays
If the notice tells you to take action in 11 days or more (for example, a 30-day no cause notice), you count calendar days. That is,
you do not count the day of service but you do count weekends and legal holidays.
2. How Were You Served?
If you were served with the notice by mail, you add 3 calendar days to the time in which you have to take action. If you were
served personally, you do not add any additional time.
EXAMPLE #1: You were personally served a 5-day Notice to Pay Rent or Quit
or 5-day Unlawful Detainer Notice on a Monday
You have until noon on the following Monday in which to take action (you do not count the day of service or the weekend): 1.
Tuesday, 2. Wednesday, 3. Thursday, 4. Friday, 5. Monday)
EXAMPLE #2: You were served a 5-day Notice to Pay Rent or Quit,
or 5-day Unlawful Detainer Notice by Mail on a Monday
You have until noon on the following Thursday in which to take action (you do not count the day of service or the weekend): 1.
Tuesday, 2. Wednesday, 3. Thursday, 4. Friday, 5. Monday AND add 3 calendar days: 1. Tuesday, 2. Wednesday, 3: Thursday)
Non-Payment of Rent
The landlord will serve a 5-day Notice to Pay Rent or Quit. For tenants who pay by the week, the landlord could serve a 4-day
Notice.
A. Notice Contents
This notice should inform the tenant:
1. When the rent became delinquent;
2. How much money the tenant must pay;
3. That the tenant must pay the rent or leave within 5 days;
4. That the tenant may oppose the notice by filing an Answer/Affidavit; and
5. In which court the tenant may file their Answer/Affidavit.
If the landlord wishes to use the formal eviction process, the notice will not state that the tenant may oppose the notice by filing an
Answer/Affidavit. The landlord would be required to file and serve a Summons and Complaint.
B. Responding to the Notice
Upon receipt of the Notice, the tenant may, no later than noon of the fifth full judicial day following the day of service:
1. Pay the rent demanded;
2. Move;
3. File an Answer with the Justice Court that is referenced in the notice; or
4. File a Motion to Stay in which you ask that the court delay the eviction for up to 10 days pursuant to NRS 70.
010. Please note you
may file this Motion to Stay instead of filing an Answer, or you may file a Motion to Stay after the eviction order is
entered.
What charges may a landlord evict a tenant for in a nonpayment of rent action?
Rent means a payment or series of payments made by you to an the landlord for use of a property, as well as any late fees set forth
in the rental agreement. A tenant may not be summarily evicted in a nonpayment of rent action that is asking for court costs,
collection fees, attorneys fees or other costs.
May a tenant withhold rent?
Yes. A tenant may withhold rent for either:
1. The failure of the Landlord to supply heat, air-conditioning, running water, hot water, electricity, gas, or another essential service.
2. The failure of the Landlord to maintain the unit in a habitable condition.
There are, however, steps that a tenant must take before withholding rent. See:
What To Do If Your Rental Unit Is Uninhabitable or Without Essential Services for further information.
Nuisance, Assignment Or Subletting, And Unlawful Business
What is a nuisance?
A nuisance is defined as conduct or an ongoing condition which constitutes an unreasonable obstruction to the free use of property
and causes injury and damage to other tenants or occupants of that property or adjacent buildings or structures. NRS 40.2514(4).
A tenant may also be evicted for certain drug-related activity whether or not these actions meet the definition of a nuisance.
When may a tenant be evicted for assigning or subletting?
If the lease prohibits a tenant from assigning his interest in the tenancy or from subletting the rental premises, the landlord may
seek to evict. A landlord may not, however, unreasonably withhold his consent to a tenants request to assign/sublet the property.
What is an unlawful business?
The statute suggests that the business itself must be unlawful. If having a lawful business violates the lease, the landlord would be
probably be required to evict in accordance with NRS 40.2516 which applies to lease violations.
A. Type of Notices
1. The landlord will serve a 3-day Notice to Quit; and
2. If the tenant does not move within those 3 days, the landlord may serve a 5-day Unlawful Detainer Notice.
B. Notice Contents
The 3-day Notice to Quit notice should inform the tenant:
1. What they are alleged to have done or failed to do; and
2. That the tenant must leave within 3 days.
The 5-day Unlawful Detainer Notice should inform the tenant:
1. That the tenant may oppose the Notice by filing an Answer/Affidavit; and
2. Which court the tenant may file their Answer/Affidavit
C. Responding to the Notices
Upon receipt of the 3-day Notice to Quit, the tenant may:
1. Move; or
2. Wait for the 5-day Unlawful Detainer Notice
Upon receipt of the 5-day Unlawful Detainer Notice, the tenant may, no later than noon of the fifth full judicial day following the
day of service:
1. Move;
2. File an Answer with the Justice Court that is referenced in the notice; or
3. File a Motion to Stay in which you ask that the court delay the eviction for up to 10 days pursuant to NRS 70.010. NOTE: you
may file this Motion to Stay instead of filing an Answer, or may file a Motion to Stay after the eviction order is entered.
Lease Violations
A lease violation is violating the terms of a lease. The usual ways that a tenant breaks a lease are as follows:
1. Failure to pay the required rent, late fees, or additional rent when it is due;
2. Doing something prohibited by the lease, such as having a pet;
3. Not doing something that is required by the lease, such as disposing of garbage properly;
4. Moving out of the apartment prior to the end of the lease.
The above are only examples of lease violations. There are many other possible violations. Please read your lease. If you do not
understand any provisions in the lease, consult an attorney.
A. Type of Notices
1. The landlord will serve a 5-day Notice of Lease Violation; and
2. If the tenant does not move or remedy the lease violation the landlord may serve a 5-day Unlawful Detainer Notice.
B. Notice Contents
The 5-day Notice of Lease Violation should inform the tenant:
1. How the tenant has violated the lease agreement; and
2. To either perform the condition in the lease (if it can be performed) or to move.
2. Which court the tenant may file their Answer/Affidavit.
C. Responding to the Notice
Upon receipt of the 5-day Notice of Lease Violation, the tenant may:
1. Perform the condition in the lease that they are alleged to have failed to perform (if this is possible) within 3 days after
service;
2. Move; or
3. Wait for the 5-day Unlawful Detainer Notice
Upon receipt of the 5-day Unlawful Detainer Notice, the tenant may, no later than noon of the fifth full judicial day following the
day of service:
1. Move;
2. File an Answer (link to form) with the Justice Court that is referenced in the Notice; or

3. File a Motion to Stay (link to form) in which you ask that the court delay the eviction for up to 10 days pursuant to NRS 70.
010. Please note, you
may file this Motion to Stay instead of filing an Answer or may file a Motion to Stay after the eviction order is
entered.
No Cause Evictions
A landlord uses a no cause eviction notice only after the lease has expired or if there is no lease.
A. Type of Notices
1. The landlord will serve a:
a. 30-day No Cause Notice if the tenant pays rent by the month, or
b. 7-day No Cause Notice if the tenant pays rent by the week.
2. If the tenant does not move within the time provided in the first notice, the landlord may serve a 5-day Unlawful
Detainer Notice.
B. Notice Contents
No Cause Notices should inform the tenant:
1. When the landlord expects the tenant to move; and
2. If the tenant pays rent by the month or some other time period (but not by the week) and if the tenant is 60 years of age
or older or has a physical or mental disability, the tenant may request to be allowed to remain in the rental unit for
an additional 30 days by submitting a written request for an extended period and providing proof of his age or disability.
2. Which court the tenant may file their Answer/Affidavit
Upon receipt of the No Cause Notice, the tenant may:
1. Move within the time period provided by the Notice;
2. Send the landlord a written request to stay in the property for an additional 30 days (This only applies if the tenant does not
pay by the week and is either over 60 or disabled) and, if the landlord rejects the request, file a Request to Continue in Possession re
questing that the court give the tenant 30 more days in which to move; and/or
3. Wait for the 5-day Unlawful Detainer Notice. If you receive the 5-day Unlawful Detainer Notice, the tenant may, no later than
noon of the fifth full judicial day following the day of service:
a. Move;
b. Send the landlord a written request to stay in the property for an additional 30 days (this only applies if the tenant does not pay
by the week and is either over 60 or disabled) and, if the landlord rejects the request, file a Request to Continue in Possession request
ing that the court give the tenant 30 more days in which to move;
c. File an Answer with the Justice Court that is referenced in the notice; and/or
5. File a Motion to Stay in which you ask that the court delay the eviction for up to 10 days pursuant to NRS 70.010. Please note,
you may file this Motion to Stay instead of filing an Answer or may file a Motion to Stay after the eviction order is entered.
What defenses might a tenant raise in response to a no cause eviction notice?
1. You have a valid lease. If you have a lease agreement, your landlord may not seek to evict you without cause.
2. That your landlord is evicting you for retaliatory or discriminatory reasons. A landlord may not evict a tenant in retaliation for
the tenant making a good faith complaint about the violation of a housing code, a health code, a criminal law, or the Fair Housing
Act to either a governmental agency, the landlord or law enforcement or has sued the landlord for such violation. PLEASE NOTE: I
n addition to raising the above issues as a defense in an eviction action, you may also sue for actual damages and punitive damages
for up to $1,000.00. See NRS 118A.510.
3. A landlord may also not seek to evict a tenant based upon race, religious creed, color, national origin, disability, ancestry,
familial status or sex, and a tenant has a defense in an eviction action if the landlord is evicting for discriminatory reasons. See NRS
118.115.
4. That you are over 60 years of age or are disabled. This is not technically a defense to the eviction action but a tenant who is over
60 years of age or disabled, and who is not paying rent by the week, may request additional time in which to move. See below.
What may I do if I received a no cause eviction notice and I am over 60 years of age or disabled?
If you are a tenant who does not pay by the week and you are either over 60 years of age or have a mental or physical disability, you
may send your landlord a written request to stay in the property for an additional 30 days. If your landlord rejects the request, you
may file a Request to Continue in Possession requesting that the court give you 30 more days in which to move.
PLEASE NOTE: Sending a written request to your landlord or filing a petition will not stop the eviction, so if you are in receipt of
a 5-day unlawful detainer noticeyou may wish to consider filing an Answer if your landlord has not yet responded to your written
request for 30 more days, or if the court has not acted on your Petition.
Tenancy-at-Will
What is a tenancy-at-will?
A tenancy-at-will occurs when a person comes into the property with the owners permission; there is no lease agreement; and no
rent or other consideration is paid. An example of this would be when a homeowner or even a tenant of a property allows a guest
to stay with them without paying rent. The guest remains in the property at the will of the lawful occupant.
A. Type of Notices
1. The landlord will serve a 5-day Tenancy-at-Will Notice; and
2. If the tenant does not move within the time provided in the first notice, the landlord may serve a 5-day Unlawful
Detainer Notice.
B. Notice Contents
Tenancy-at-Will Notices should inform the tenant:
1. That the tenancy-at-will is being terminated and that the tenant is required to move no later than five (5) judicial days
after service of the notice.
2. In which court the tenant may file their Answer/Affidavit.
Upon receipt of the Tenancy-at-Will Notice, the tenant may:
1. Move within the time period provided by the notice; or
2. Wait for the 5-day Unlawful Detainer Notice.
Upon receipt of the 5-day Unlawful Detainer Notice, the tenant may, no later than noon of the fifth full judicial day (following the
day of service:
1. Move;
2. File an Answer (link to form) with the Justice Court that is referenced in the notice; or
3. File a Motion to Stay (link to form) in which you ask that the court delay the eviction for up to 10 days pursuant to NRS
70.010. Please note, you
may file this Motion to Stay instead of filing an Answer or may file a Motion to Stay after the eviction order is entered.
What to Do If Your Rental Unit Is Uninhabitable or Without Essential Services
A landlord of residential property is required to maintain the rental unit in a habitable condition and, unless the lease provides
otherwise, furnish certain essential services. Because the law sets forth different rights and obligations depending on the nature of
the problem, it is important that both parties understand whether a problem is one of habitability or one of essential services.
A. What is Habitability?
Pursuant to NRS 118A.290, a rental unit is not habitable if it violates provisions of housing or health codes concerning the health,
safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks:
1. Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors.
2. Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order.
3. A water supply which is capable of producing hot and cold running water, furnished with the appropriate fixtures and connected to
a sewage disposal system approved under applicable law and maintained in good working order.
4. Adequate heating facilities.
5. Electrical lighting, outlets, wiring and electrical equipment.
6. An adequate number of appropriate receptacles for garbage in clean condition and good repair at the commencement of the
tenancy. The landlord shall arrange for the removal of garbage and rubbish from the premises unless the parties by written
agreement provide otherwise.
7. Building, grounds, appurtenances and all other areas under the landlords control at the time the tenancy began are clean,
sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin.
8. Floors, walls, ceilings, stairways and railings maintained in good repair.
9. Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or
required to be supplied by the landlord.
What May A Tenant Do If Their Rental Is Uninhabitable?
Step 1: Deliver Written Notice. Give written notice specifying the problem to the landlord or the person within this State
authorized to act for and on behalf of the landlord for the purpose of receiving notices. Notice is not required if the landlord
receives written notice of the problem from a code enforcement agency. Click here for information on how to contact a code
enforcement agency in your area.
Step 2: Wait 14 days. The landlord must use his best efforts to comply within 14 days after being notified, or more
promptly if conditions require in case of emergency. If the landlord has complied, proceed to Step 3.
Step 3: Select a remedy. If, the landlord has failed to fix, or use his best efforts
to fix, the problem, the tenant may take any of the following actions:
(a) Withhold rent (if the tenant is being evicted for non-payment of rent, the tenant must continue to pay the rent to the courts
escrow account to be able to raise habitability as a defense in any eviction action).
(b) Repair and deduct the costs of the repair from the rent after submitting to the landlord an itemized statement (Note: the cost of
the repair cannot exceed one months rent and the tenant must have notified the landlord of the tenants intention to correct the
condition at the landlords expense at the time the tenant sent the notice in Step 1)
(c) Terminate the rental agreement; and/or

(d) Sue the landlord for damages and/or for an order to repair the problem(s).

PLEASE NOTE: These remedies are not available if the habitability problem was caused by the tenant, a member of his household,
or anyone on the property with the tenants consent, or if the landlord was unable to remedy the problem because the tenant refused
to allow lawful access to the property.
What Are Essential Services?
Essential services include, but are not necessarily limited to, heat, air-conditioning, running water, hot water, electricity, and gas.
What May A Tenant Do If Their Rental Lacks Essential Services?
If the landlord either willfully or negligently fails to supply an essential service and the rental unit becomes unfit to live in as a
result (for example, no air conditioning in the
winter might not be sufficient to meet the requirement to supply an essential service), the tenant may:
Step 1: Deliver Written Notice. Give written notice specifying the problem to the landlord or the person within this
State authorized to act for and on behalf of the landlord for the purpose of receiving notices. Notice is not requir
ed if the landlord already received written notice of the problem from a code enforcement agency. Click here for
information on contacting a code enforcement agency.
Step 2: Wait 48 hours. The landlord has 48 hours from the time that he receives the notice, not counting weekends or
holidays, in which to fix, or use his best efforts to fix, the problem.
Step 3: Select a remedy. If, the landlord has failed to fix, or use his best efforts
to fix, the problem, the tenant may take any of the following actions:
(a) Withhold Rent. Unlike with habitability problems, the tenant need not pay the rent into the courts escrow account in order to
have a defense in an eviction action;
(b) Repair and Deduct. The tenant may obtain the essential services (for example, a space heater) and deduct the cost from the
rent;

(c) Move, Withhold Rent, and Sue. The tenant may move into comparable (similarly priced) housing and, in addition
to withholding rent during the time that the rental unit is uninhabitable, may sue the landlord for the cost of the
other housing that is in excess of the rent that the tenant pays for the rental unit.
(d) Sue the landlord for damages and/or for an order to repair the problem(s). If the tenant needs relief quickly, this can be done by
filing a Verified Complaint in which case the tenant should review What To Do If You Have Been Illegally Locked Out or Your
Essential Services Have Been Interrupted.
PLEASE NOTE: These remedies are not available if the habitability problem was caused by the tenant, a member of his household,
or anyone on the property with the tenants consent.
What to Expect At an Eviction Hearing
How an eviction hearing proceeds depends on the type of the hearing at issue. As you are reading this because you intend to
represent yourself at your hearing, it may be worth finding out which judge is going to hear your case, and sitting in on his or her
eviction hearings so that you have a better idea of what to expect when you attend your eviction hearing. You should also consult Ho
w to Represent Yourself in Court.
Regardless of what type of eviction hearing you are attending, it is the landlord who has the burden of proving the facts on which he
or she is seeking to evict the tenant. This means that the landlord must present enough evidence to support his or her case through
testimony and exhibits.
Summary Eviction Hearings
The intent of the summary eviction hearing is to determine the truthfulness and sufficiency of any affidavit, notice or service of
any notice, and to dispense fair and speedy justice. See Justice Court Rules of Civil Procedure 105.
At the hearing, the court will allow both parties to speak and present evidence on their behalf, after which the court will determine
whether there is a genuine dispute of material facts. (See Anvui, LLC v. G.L. Dragon, LLC, in which the Nevada Supreme Court h
eld that summary eviction cases should be evaluated like motions for summary judgment.
If the court finds that there is no genuine dispute over material facts and that the landlord is entitled to a summary eviction order as
a matter of law, an order for summary eviction will be granted. If the court finds that a genuine dispute of material facts exists, the
court is required to dismiss the action; however, this does not mean that the landlord cannot file a formal eviction action.
Formal Eviction Order to Show Cause Hearings (for a temporary writ)
The Order to Show Cause Hearing is a device used by landlords to remove the tenant from the rental unit pending trial of the case. T
he court will allow both parties to speak and present evidence on their behalf, after which the court will determine whether there
exists sufficient facts to establish whether the landlord has a clear right to remove the tenant. See Farnow v Department 1 of Eighth
Judicial District, in which the Nevada Supreme Court stated that:
We do not believe to be constitutional any procedure so speedy, summary and drastic as to enable a landlord to dispossess a tenant
without first showing, by competent, relevant and material evidence, at a hearing judicially, fairly and impartially conducted, the
existence of sufficient facts to establish, at least prima facie, the clear right to the immediate possession of the property
involved [Emphasis supplied].
If the Court determines that a Temporary Writ of Restitution should be issued, the Court must first require the Landlord to post a
bond in the amount to be set by the court. See NRS 40.300(3). The Court determines the amount of the bond based on the Tenants
probable loss from being wrongfully evicted from the property pending trial.
Formal Eviction Trials (for a permanent writ of restitution and judgment)
A formal eviction trial is just like any other trial. The court will allow each party to present the facts of their case, call witnesses,
and introduce evidence after which the court must determine whether the landlord has presented enough evidence to make it more
likely than not that the facts he or she is alleging are true, and whether or not those facts are enough to justify evicting the tenant.
What to Do If You Received an Order for Summary Eviction
Whether or not you had your day in court, you may come home to find an order for summary eviction posted on your door. If you
have received such an order, other than moving, your options include:
Filing a Motion to Stay and/or Vacate Order for Summary Eviction
A Motion to Stay and/or Vacate Order for Summary Eviction allows the tenant to ask the court to:
1. Grant the tenant up to 10 more days in which to move,
2. Set aside or vacate the order based on legal reasons why the order should never have been issued in the first place; or
3. Stay the eviction order until a hearing can be held on the motion.
Motion to Stay
A tenant may file a motion to stay a summary eviction order at any time after an eviction notice is served, however, most tenants do
not request a stay until they have received the eviction order. A motion to stay is simply a request for more time in which to make
a motion.
1. The court may only stay an eviction order for up to 10 days. NRS 70.010(2)
2. In the Las Vegas Justice Court, only one motion to stay may be filed on any case. Justice Court Rules Las Vegas 11(l)
Motion to Vacate
A motion to vacate is a request to the court to set aside, or vacate, the order for summary eviction because there are legal reasons
why the order should not have been entered. The tenant may request that the court stay the eviction order until it holds a hearing
on the motion to vacate.
Legal reasons for vacating an eviction order may include:
1. The tenant was not properly served with the eviction notice(s);
2. Excusable neglect on the tenants part;
3. Fraud, misrepresentation or other misconduct of an adverse party;
4. Mistake, inadvertence, surprise;
5. Newly discovered evidence;
6. The judgment is void. See Justice Court Rules Civil Procedure 60.
Filing an Appeal of an Eviction Order
Either party may appeal from an order for eviction by filing within 10 judicial days from the date that the order or judgment is
entered. In order to appeal a judgment of eviction issued in the context of a formal eviction action, visit How to Appeal from a
Judgment or Order. To appeal from an order for summary eviction, you must take the following steps:
1. File a Notice of Appeal;
2. File a Statement of Facts and Law in Support of the Appeal ;
3. Pay the filing fees; and
4. Post a bond with the court. Click here for information on the amount of the bond that you are required to post.
PLEASE NOTE: A tenant seeking to stop the eviction pending their appeal must file the above documents prior to being removed
from the rental unit.
Appeal Bonds
A bond must be posted with the court regardless of who is filing the appeal. Bonds may be refunded to the party posting it if they
win their appeal.
Landlords wishing to appeal from the denial of an eviction order must post a bond of at least $250. See Justice Court Rules of
Civil Procedure 73.
Tenants must also post a bond, but the amount of the bond will depend on whether they are appealing a summary or formal order for
eviction, and whether or not they wish to stop the eviction pending the appeal. Tenants are responsible for continuing to pay rent
pending the outcome of the appeal and can be subject to another eviction action for failing to do so. See NRS 40.385(2)
Appeals from Orders for Summary Eviction
All tenants filing an appeal must post a bond of at least $250. If you wish to stop the eviction pending your appeal and are a tenant
of a residential property whose monthly rent is $1000 or less, this $250 is all you are required to pay.
If you are a tenant of residential property whose monthly rent exceeds $1000, or a tenant of a commercial property you must post
bond of $250 but the court can, on its own or on the motion of the landlord, increase the bond. See NRS 40.385(1)
Appeals from Temporary Writs of Restitution
If your landlord was awarded a temporary writ of restitution (an eviction that was ordered following a show cause hearing as
opposed to a trial), you may not file an appeal. See Justice Court Rules of Civil Procedure 72A. However, you may have other
remedies available that are outside of the scope of this section. Tenants wishing to challenge a temporary writ of restitution are
encouraged to seek legal advice (Find a Lawyer).
Appeals from Judgments of Eviction
A tenant appealing from a judgment of eviction (an eviction that was ordered following a trial, as opposed to an order to show
cause hearing) must post a bond of at least $250. If that tenant wishes to stop an eviction pending the appeal, the tenant is required
to post a bond of at least twice the amount of the judgment and costs. See NRS 40.380.
What to Do If You Have Been Illegally Locked Out or Your Essential Services Have Been Interrupted
You may file a Verified Complaint for Expedited Relief with the Justice Court of the township in which your rental unit is located if
there is not an eviction action already pending between you and the landlord, and your landlord has committed any of the following
acts:
1. Locked you out of the rental property;
2. Intentionally stopped your electricity, gas, water or other essential services; or
3. Allowed your electricity, gas, water or other essential services to stop (i.e. by failing to make required repairs). See
NRS 118A.390.
What do I do if there is an eviction action already pending before the court?
The verified complaint may not be filed with the court if an action for summary eviction or unlawful detainer is already pending
between the landlord and tenant, but the tenant may seek similar relief before the judge presiding over the pending action by filing
a Motion. See NRS 118A.390(5)(b)
What is the deadline for filing a Verified Complaint for Expedited Relief?
The tenant must file within 5 judicial days (link to definition) after the date of the unlawful act by the landlord. The court must
dismiss the complaint if it is not timely filed. See NRS 118A.390(5)(a). However, the tenant may file an action for damages
within 3 years [See 11.190(3)(a)]
Is there a filing fee?
No. However, after any hearing the court is required to assess costs against the party that does not prevail, but may waive them.
When is the hearing scheduled?
The hearing must be scheduled within 3 judicial days of having been filed.
Must the complaint be served?
Yes, and proof of service must be filed before the hearing.
What can the court order?
The court can order that the landlord restore access to the premises and/or essential services, and award damages. These damages
can include your actual damages, that is the amount of money that the landlords conduct actually caused you, along with up to
$1000 in statutory damages and hold the landlord in contempt of court.
Abandonment
If the tenant has abandoned the rental premises, the landlord is not obligated to evict. While it might seem to most that a
reasonable person can determine whether the rental premises has been abandoned, there are some special considerations of which
landlords should be aware before reclaiming possession of the premises.
When is a property considered to be abandoned?
For residential property, it is presumed that the tenant has abandoned a dwelling if he is absent from the premises for half of the time
for which he pays rent (that is, the tenant pays rent by the month and is absent for half of the month) UNLESS:

1. The rent is current; or
2. The tenant has notified the landlord in writing of an intended absence. See NRS 118A.450
What can the landlord do if he knows that the property has been abandoned?
If the landlord has notice of the fact that a residential dwelling has been abandoned, he may dispose of the tenants personal
property (although he must safeguard it for 30 days after the abandonment) and may recover possession of the premises.
What can the landlord do if he believes that the property has been abandoned?
If the landlord does not have notice that the property has been abandoned, a landlord of either residential or commercial property
may serve the tenant with a written notice of his belief that the property has been abandoned if:
1. The landlord reasonably believes that his tenant has abandoned the property, and
2. The tenant is in default in the payment of rent. NRS 118.195
What are the requirements of an abandonment notice?
The notice, which must be served like an eviction notice, must specify:
1. The address or other location of the property;
2. The date upon which the property will be deemed abandoned and the rental agreement terminated; and
3. An address for payment of the rent due and delivery of notice to the landlord.
What may the tenant who receives an abandonment notice do to prevent the property from being deemed abandoned?
The tenant must pay the rent due and provide the landlord with a written notice stating his intention not to abandon the property, and
setting forth an address at which the tenant may be served with legal process. NRS 118.195.
What is the tenants liability for abandoning a rental property?
The landlord must make reasonable efforts to re-rent the property. If he makes such efforts, he can recover his actual damages. If
does not make such efforts, he is limited to the actual damages that occurred before he had reason to believe that the property was
abandoned. NRS 118.175.
Mobile Home Park Evictions
A landlord who is renting out a mobile home, may evict the tenant from the mobile home just like any other landlord. However, a
landlord who is renting out a mobile home lot (NRS 188B.016) is subject to a unique set of laws. This site will answer the
following questions relating to the eviction of a tenant from a mobile home lot:
Are there special rules for evicting a person from a mobile home?
If the tenant is renting the mobile home, as opposed to just renting the land on which the mobile home sits, there are no special rules
and summary eviction may be used.
If the person is being evicted from a mobile home lot in a mobile home park (that is, they own the home but are renting the land),
the formal eviction process must be followed and NRS 118B applies. See NRS 40.215 et seq.
Are there special rules for evicting a person from a recreational vehicle park?
A tenant in a recreational vehicle park may be evicted through the summary eviction process even if they do not occupy a
recreational vehicle (for example, they live in a mobile home in an RV park). In the case of a no cause eviction notice, they may
be given a 5-day notice to be followed by a 5-day Unlawful Detainer. See NRS 40.251(1)(d).
What grounds must exist to evict someone from a mobile home park?
A mobile home park must have grounds to evict someone from a location in a mobile home park. No cause evictions from a
mobile home parks are not authorized.
The grounds for evicting someone from a mobile home park include:
1. Failure to pay rent, utility charges or reasonable service fees within 10 days after written notice;
2. Failure to correct noncompliance with a law, ordinance or governmental regulation or a valid rule or regulation or to cure
any violation of the rental agreement within a reasonable time after notice;
3. Conduct in the park which constitutes an annoyance to other tenants;
4. Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation change in the
use of the land by the landlord;
5. Conduct of the tenant which constitutes a nuisance;
6. Habitual failure to pay timely rent. NOTE: This ground only applies if the tenant is not a natural person (for example, a corpora
tion, a Limited Liability
Corporation(LLC), etc,. in which case the tenant must have received three or more 10-day notices to quit for failure to pay rent in the
preceding 12-months).
What type of notice must be given to evict someone from a mobile home park?
If grounds to evict the tenant exist, the landlord must set forth those grounds in a written notice to the tenant. If the tenant fails to
comply with the notice, the landlord may then serve the tenant with a summons and complaint for eviction. For mobile home lots,
the following notices apply:
1. 5-days notice for a nuisance;
2. 10-days notice for nonpayment of rent or utility charges;
3. 180-days notice if the owner of the mobile home park is closing it or converting it;
4. 45-days notice if the termination is for any other reason. NRS 118B.190
Is there any special assistance for mobile home owners who cannot pay their rent?
There is a state fund that is administered by the Manufactured Housing Division. Eligibility is based upon income and the
availability of funds.
Mobile Home Lot Liens
In addition to seeking to evict a tenant for nonpayment of rent and utilities, a mobile home park can impose a lien on the Tenants
mobile home. Ultimately, the mobile home park can foreclose on its lien and force the sale of the mobile home.
The tenant of the mobile home lot can contest the lien but, before taking any action in this regard, should understand the answers to
the following questions:
How does a mobile home park obtain a lien on a mobile home?
The mobile home park must file notice of the lien with the Manufactured Housing Division and send notice to the Tenant which
describes the amount due and the process for contesting the validity of the lien.
What happens if the tenant does not pay the lien?
The landlord can seek to sell the mobile home at a public sale. Before doing this, he must send a Notice of Sale to the Tenant at
least 10 days before a sale. This notice sets that day on which the home is scheduled to occur. The sale cannot occur until 4 months
have elapsed after the first default in payment by the Tenant.
How does the tenant contest the lien?
The Tenant can contest the lien by filing a Notice of Opposition to Lien with the clerk of the Justice Court on a form provided by the
Court. However, the Tenants Notice of Opposition to Lien must be filed within 5 days after theperson filing the notice
receives the Notice of Sale by auction. Therefore, the Tenant must wait until he receives the Notice of Sale before filing the
Notice of Opposition to Lien. See NRS 108.355.
How long must a landlord keep a tenants property after eviction?
A landlord must safely store a tenants property for 30 days after the tenants abandonment or eviction. See NRS 118A.460(1)
Can the landlord refuse to release a tenants property after eviction?
The landlord must provide reasonable access and opportunity for the tenant or his authorized representative to retrieve personal
property left behind. The landlord may charge and collect the reasonable and actual costs of inventory, moving and storage before
releasing the property to the tenant. The landlord cannot require the tenant to pay rent or the costs of the eviction as a condition to
releasing the property. See NRS 118A.460(1)(a)
What if more than 30 days have expired since the tenants eviction?
After the expiration of the 30-day period, the landlord may dispose of the property and recover his reasonable costs out of the
property if:
1. He has made reasonable efforts to locate the tenant;
2. Has notified the tenant in writing of his intention to dispose of the
property; and
3. 14 days have elapsed since the notice was given to the tenant.
NRS 118A.460(1)(b)
What can the tenant do if the landlord will not return his property or if he disputes the landlords charges?
The tenant may file, along with the appropriate fees, a Motion to Contest Personal Property Lien on a Justice Court form. See
NRS 40.253(7). The tenant may also sue for actual damages and punitive damages up to $1,000 if the landlord holds the tenants
property in an effort to ensure that the tenant pays rent. See NRS 118A.520.
What is the deadline in which a Motion to Contest Personal Property Lien must be filed?
The motion must be filed within 20 calendar days after the one following events that has occurred the latest :
1. The order for eviction was issued;
2. The tenant vacated or was removed; or
3. A copy of the landlords charges relating to the storage of the property has
been requested by or provided to the tenant. See NRS 40.253(7)
When must the hearing on the Motion be scheduled?
The court must schedule a hearing within 10 judicial days after the filing of the motion. See NRS 40.253(8)
Must the Motion be served upon the landlord?
The court is required to affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff,
constable or other process server. See NRS 40.253(8)
What will the judge do at the hearing?
At the hearing, the court may determine the costs, if any, claimed by the landlord and order the tenants property released with or
without the payment of those costs.
Security Deposits
How large a security deposit may the landlord of a residential property request?
No more than 3 months of rent. NRS 118A.242(1)
May a tenant post a surety bond instead of a security deposit?
Yes, if all parties agree. If the landlord makes claim against the bond the tenant must be given an itemized written accounting
received from the landlord. The tenant may send a written response disputing any items to the surety. The surety cannot report a
landlords claim to a credit reporting agency unless the surety first sues the tenant and obtains a judgment.
How does a tenant prove that he paid a security deposit?
The landlord is required to deliver to the tenant, upon his request, a signed written receipt for the security deposit (as well as for
any other payments, including rent).
NRS 118A.250
What if the landlord will not give the tenant a receipt for the security deposit?
The tenant may refuse to make rent payments until the landlord provides the requested receipt. NRS 118A.250
Must the landlord return the security deposit?
Not necessarily. The landlord may deduct from the security deposit such amounts as are necessary to:
1. Remedy any default in the payment of the rent;
2. Repair damages to the premises caused by the tenant, other than normal wear and tear; and
3. Pay the reasonable costs of cleaning the premises. NRS 118A.242(2) and (5)
What is normal wear and tear?
Normal wear and tear is the kind of deterioration which occurs without negligence, carelessness or abuse of the premises. Normal
wear and tear includes deterioration of the premises that occurs during normal conditions. For example, paint may fade, electrical
switches may wear out and break, pull strings on blinds may fray or break , carpet and tile may wear down. These things happen
even if the tenant cleans regularly and cares for the premises reasonably. NRS 118A.110
When must the landlord return the security deposit to the tenant?
Upon termination of the tenancy by either party for any reason, including eviction, the landlord must return the deposit to the tenant,
or provide an itemized written accounting showing how the deposit was used, no later than 30 days after the termination of the
tenancy. NRS 118A.242(2)
What if the landlord fails to return the security deposit within 30 days or the tenant disagrees with the way in which the
security deposit was used?
The tenant may sue the landlord and request up to twice the amount of the security deposit. A tenant who paid their deposit by
purchasing a surety bond, and/or a tenant who disagrees with the way in which the landlord used the security deposit may send a
written response to the surety. If the tenant sends this response within 30 days after receiving an itemized written accounting from
the landlord, the surety is not to report the landlords claim to a credit reporting agency without first obtaining a judgment against
the tenant.
What if the landlord sells the property or loses it in a foreclosure sale?
A successor in interest (including a purchaser at a foreclosure sale) has the same obligations regarding the security deposit as the
original landlord.
Laws, Rules and Resources on Landlord-Tenant Matters & Evictions
The following are some of the laws and rules that apply to small claims cases in Nevada:
NRS 40.215 through 40.425
Chapter 118 of the Nevada Revised Statutes
Chapter 118A of the Nevada Revised Statutes
Chapter 118B of the Nevada Revised Statutes
Protecting Tenants in Foreclosure Act of 2009 (which addresses a tenants rights and the notice requirements regarding the
termination of residential tenancies for dwellings in foreclosure)
Assembly Bill 140
NRS 4.355
Justice Court Rules of Civil Procedure 101 through 110 (See Justice Court Rules of Civil Procedure 72 through 76B for information
on appeals
Local Rules of Practice for the Las Vegas Justice Court (Rules 11 and 34)
Nevada Legal Services
Landlord-Tenant Forms on the Website
Eviction Forms (Landlord) Eviction Forms (Tenant)
1. 5-day Pay Rent or Quit 12. Opposition to Mobile Home Lien
2. 5-day Unlawful Detainer 13. Motion to Continue in Possession
3. 5-day Lease Violation 14. Motion to Release Personal Property
4. 3-day Nuisance 15. Complaint for Illegal Lockout
5. 30-day No Cause 16. Motion to Stay and/or Vacate Order
6. 7-day No Cause 17. Tenant Answer to Summary Eviction
7. 5-day Tenancy-at-Will 18. Tenant Answer Unlawful Detainer
8. 3-day Notice to Quit 19. Declaration of Lost/Destroyed Notice
9. Complaint for Summary Eviction 20. Opposition to Temp. Writ of Restitution
10. Complaint for Formal Unlawful Detainer 21. Notice of Appeal and related forms
FindACase | FLORIDA BAR ADVISORY OPINION - NONLAWYER PREPARATION AND REPRESENTATION LANDLORD UNCONTESTED RESIDE...
file:///D|/...ND%20REPRESENTATION%20OF%20LANDLORD%20IN%20UNCONTESTED%20RESIDENTIAL%20EVICTIONS.htm[9/22/2012 11:54:10 AM]
Home / Our Sources / About Us / FAQs / Advanced Search

Searching over 5,500,000 cases.
Not what you're looking for? Try an advanced search.
FLORIDA BAR ADVISORY OPINION -
NONLAWYER PREPARATION AND
REPRESENTATION LANDLORD UNCONTESTED
RESIDENTIAL EVICTIONS (10/08/92)
SUPREME COURT OF FLORIDA
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
decided: October 8, 1992.
THE FLORIDA BAR RE: ADVISORY OPINION - NONLAWYER PREPARATION OF AND
REPRESENTATION OF LANDLORD IN UNCONTESTED RESIDENTIAL EVICTIONS
Original Proceeding - The Florida Bar - Advisory Opinion
Barkett, C.j., and Overton, McDONALD, Shaw, Grimes, Kogan and Harding, J J ., concur.
Author: Per Curiam
Per Curiam.
Pursuant to rule 10-7.1(b) of the Rules Regulating The Florida Bar, Doris A. Bunnell petitioned The Florida Bar
Standing Committee on the Unlicensed Practice of Law (the Standing Committee) for an advisory opinion on the
1f2d70cc-efc8-4d00-b205-26d7179d8dab
Buy for $4.95
following question:
Whether it constitutes the unlicensed practice of law for a property manager, with or without a power of attorney, to
draft and serve a Three Day Notice, draft and file a Complaint for Eviction and Motion for Default and obtain a Final
J udgment and Writ of Possession for the landlord in an uncontested residential eviction and, if so, whether the practice
should be authorized.
We have jurisdiction to review the proposed advisory opinion pursuant to rule 10-7.1(g) of the Rules Regulating The
Florida Bar and article V, section 15, of the Florida Constitution.
After a hearing on the matter, the Standing Committee determined that there is confusion among judges and property
managers around the state regarding a nonlawyer's participation in a residential eviction. In light of this confusion, the
Standing Committee voted to issue the proposed opinion. Citing to The Florida Bar v. Mickens, 505 So.2d 1319 (Fla.
1987) (Mickens II); The Florida Bar v. Rich, 481 So.2d 1221 (Fla. 1986); The Florida Bar v. Mickens, 465 So.2d 524
(Fla. 1985) (Mickens I); and The Florida Bar v. Valdes, 464 So.2d 1183 (Fla. 1985), the Standing Committee takes the
position that the proposed advisory opinion merely reaffirms the case law in this area.
Our decisions Mickens I and Mickens II involved an injunction against a "nonlawyer tenant eviction service." 505
So.2d at 1320. In Mickens I this Court approved a stipulation for settlement entered into by the respondent and The
Florida Bar and permanently enjoined respondent
from filing initial tenant eviction complaints for residential and corporate landlords; counseling landlords regarding
legal matters; filling out eviction forms where the landlord orally communicates the information to be filled in; and
appearing in court or any other judicial tenant eviction proceedings.
465 So.2d at 525. The respondent in Mickens I was not enjoined from filling in eviction forms where the landlord
furnished the information in writing. Id. In Mickens II, the respondent was found to be in contempt of the 1985 order
and was enjoined from
representing, either expressly or impliedly, that he is licensed to engage in the practice of law in Florida, and from
conducting the following activities: (a) filing the initial complaints for residential landlords; (b) counseling landlords
about legal matters regarding tenant eviction actions; (c) typing or printing information on the tenant eviction forms set
forth in the petition where the landlord orally communicates such information to the respondent; and (d) appearing in
court or in any judicial proceeding which is part of the tenant eviction process.
505 So.2d at 1321. Injunctions for handling eviction matters for others were also issued by this Court in Valdes, 464
So.2d at 1184, and Rich, 481 So.2d at 1221. Like Mickens, these respondents appeared to have been in the business of
providing eviction services.
Based on the case law, the Standing Committee is of the opinion that it does not constitute the unlicensed practice of
law for a nonlawyer to prepare and serve a three-day notice informing a tenant that the rent is overdue and giving the
tenant three days in which to pay. Cf. In re Advisory Opinion - Nonlawyer Preparation of Notice to Owner and Notice
to Contractor, 544 So.2d 1013, 1016 (Fla. 1989) (it is not the unlicensed practice of law for a nonlawyer to prepare the
Notice To Owner required by section 713.06(2), Florida Statutes). However, the Standing Committee is of the opinion
that it is the unlicensed practice of law for a nonlawyer to draft and file a complaint for eviction and motion for default
and to obtain a final judgment and writ of possession for a landlord in an uncontested residential eviction and that the
practice should not be authorized except to the limited extent that a nonlawyer is assisting in the completion of
Supreme Court approved forms.
In The Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b) to the Rules Regulating The Florida Bar, 591
So.2d 594 (Fla. 1991), this Court recently approved a number of forms in the landlord-tenant area. In accordance with
Rule Regulating The Florida Bar 10-1.1(b), a nonlawyer is authorized to assist in the completion of these forms. The
approved forms include various notices, a complaint for eviction for failure to pay rent, a complaint for eviction other
than for failure to pay rent, a summons for an eviction claim, a summons for a damages claim, a final judgment for
damages, a final judgment for eviction and a writ of possession.
The proposed advisory opinion recognizes that our approval of these forms modifies Mickens I and Mickens II to the
extent that those decisions require eviction forms to be completed from information supplied in writing, but that the
remaining prohibitions of counseling the landlord, handling the eviction, and appearing in court on behalf of the
landlord, remain intact. The proposed opinion concludes that a nonlawyer property manager may complete a Court-
approved form with information supplied by the landlord but the form must be signed and filed by the landlord,
although the manager may act as a courier and take the signed form to the courthouse. According to the proposed
opinion, a property manager's handling of an eviction should be limited to providing the approved forms and filling in
the information provided by the landlord.
*fn1
{/Cite}
The petitioner filed objections to the proposed advisory opinion. Recognizing that only this Court can authorize the
practice of law,
*fn2
{/Cite} the petitioner urges us to authorize property managers to handle all aspects of an
uncontested residential eviction.
After hearing oral argument, reviewing the proposed advisory opinion and considering the comments of the petitioner
and other interested parties, we approve that portion of the proposed advisory opinion that concludes that it is not the
unlicensed practice of law for a property manager to draft and serve a three-day notice. We also approve that portion
of the proposed opinion concluding that it is the unlicensed practice of law for a nonlawyer to draft and file a
complaint for eviction and motion for default and to obtain a final judgment and writ of possession for a landlord in an
uncontested residential eviction. However, we are not persuaded that property managers should not be authorized to
engage in these activities.
None of our prior decisions in this area addressed the precise question presented to the Standing Committee. As noted
above, Mickens I, Mickens II, Valdes and Rich all involved individuals or companies performing eviction and other
legal services; property managers were not involved. As pointed out by the petitioner, in most cases it is the property
manager who is the most involved and familiar with the rental property. An uncontested residential eviction for
nonpayment of rent is a rather perfunctory process in which abuses would seem unlikely. This is particularly true in
light of the landlord-tenant forms recently approved by this Court. Because of the unique position of property
managers and the fact that there has been no showing that the public is being or will be harmed by property managers
handling uncontested residential evictions, we agree with the petitioner that such activity should be authorized.
Accordingly, subject to reconsideration one year from the date of this opinion, property managers are hereby
authorized to complete, sign and file complaints for eviction and motions for default and to obtain final judgments and
writs of possession on behalf of landlords in uncontested residential evictions for nonpayment of rent. This
authorization does not extend to nonlawyers other than property managers and is given with the understanding that
evictions will be handled incidental to the management of the rental property. It only covers uncontested residential
evictions for nonpayment of rent; property managers are not authorized to handle evictions for other than nonpayment
of rent.
*fn3
{/Cite} In seeking to evict a residential tenant for nonpayment of rent, a property manager must utilize the
forms approved by this Court pursuant to rule 10-1.1(b)
*fn4
{/Cite} and may not draft or file pleadings that differ from
those authorized by this Court. Although a property manager may prepare and file the relevant Court-approved forms
on behalf of a landlord as authorized in this opinion, a property manager, who is not also a lawyer, may not give legal
advice in connection with eviction proceedings.
Interested parties may file comments with this Court addressing unforeseen public harm that may result from the
activities we have authorized in this opinion. Comments must be filed with the Clerk of this Court within one year of
the date of this opinion.
It is so ordered.
Buy This Entire Record for $4.95
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
Home / Our Sources / About Us / FAQs / Advanced Search
copyright 2012 LRC, Inc. About Us
PRIVACY POLICY

Verified Complaint For Illegal Lockout

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Verified Complaint For Illegal Lockout

Uploaded by

Copyright:

Available Formats

1

You might also like