PERSONAL PROPERTY DISPUTES
AFTER AN EVICTION JUDGMENT
TENANTS’ OPTIONS FOR RELIEF
ISSUES AND TOPICS
IN THIS PRESENTATION
• An introduction to relevant statutes
• Statutory authority for mandatory writ execution
notices, motions, and ouster claims
• Statutory requirements for property stored on-site
• Statutory requirements for property stored off-site
• Available relief
• Bass v. Equity Residential Holdings, L.L.C., 847 N.W.2d
89 (Minn. Ct. App. 2014)
• Other options for enforcement of personal property
claims
BASIC EVICTION PROCESS
• The focus of this presentation is on tenants’ personal
property at the end of the eviction process.
• General eviction process:
• Plaintiff files eviction action.
• The court holds a hearing within two weeks of filing.
• Plaintiff gets an order authorizing a writ of recovery or a
judgment for a writ at the hearing or after breach of a courtapproved settlement.
• Plaintiff pays for a writ of recovery and takes it to the Sheriff.
• Plaintiff pays the Sheriff to serve the writ of recovery.
• The Sheriff delivers the writ to the premises.
• If the tenant does not move within 24 hours, the Sheriff returns
to execute the writ.
AN INTRODUCTION
TO RELEVANT STATUTES
• There are two statutes in Chapter 504B that are primarily
relevant to personal property disputes at the end of the
eviction process:
• Minn. Stat. § 504B.365 – regulation of execution of writ of recovery
• Minn. Stat. § 504B.271 – regulation of retention and sale of personal
property left behind by the tenant in any tenancy, including property
stored at the premises following execution of writ of recovery
• There are separate statutes that govern the sale of personal
property removed and stored “in a place other than the
premises.”
• Minn. Stat. §§ 514.18-514.22
AN INTRODUCTION
TO RELEVANT STATUTES
• If a writ of recovery is executed, which statutes apply
depend on where personal property is being stored after
execution of the writ.
• “On the premises”  504B.365 and 504B.271
• “In a place other than the premises”  504B.365 and 514.18514.22.
• Premises not defined in Chapter 504B
• Black’s Law Dictionary definitions of premises:
• “Lands and tenements; an estate; lands and buildings thereon;
the subject matter of a conveyance.”
• “A distinct and definite locality . . . [this] may mean a room,
shop, building, or other definite area.”
• “Land, with its appurtenances.”
AN INTRODUCTION
TO RELEVANT STATUTES
• Other statutes come into play if an eviction plaintiff takes
a shortcut through Minn. Stat. § 504B.365.
• Example: The landlord gets a writ and has the Sheriff deliver it
to the premises. The tenant does not move within 24 hours.
While the tenant is away, the landlord and handyman go to
the premises, change the locks, and put all of the tenant’s
belongings in a locked garage on the premises.
• The unlawful removal and exclusion prohibition and
penalty statutes provide relief to an illegally evicted
tenant.
• Minn. Stat. §§ 504B.225, 609.606  criminalizes unlawful removal
or exclusion of a tenant
• Minn. Stat. § 504B.231  creates cause of action for tenant
and claim for treble damages and attorneys’ fees for “bad
faith” unlawful removal or exclusion
MANDATORY NOTICE REQUIREMENTS FOR
EXECUTION OF WRIT OF RECOVERY
504B.365, subd. 3(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.
MINN. STAT. § 504B.365 AUTHORITY
FOR MOTION IN EVICTION ACTION
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.
MINN. STAT. § 504B.365
AUTHORITY FOR OUSTER CLAIMS
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.
STATUTORY REQUIREMENTS FOR PERSONAL
PROPERTY STORED ON THE PREMISES
• If a landlord stores the tenant’s personal property on the
premises, then 504B.271 applies. See 504B.365, subd.
3(d).
• This triggers mandatory duty to allow tenant to retake personal
property within 24 hours of written demand. 504B.271, subd. 2.
• Landlord has a claim for costs of removal, storage, and care, but
not a lien.
• Landlord can demand payment of costs but can’t hold property.
• Penalties for violation under 504B.271, subd. 2
• Double actual damages or $1,000, whichever is greater
• Reasonable attorneys’ fees
• Factors for determining damages
•
•
•
•
Nature and value of personal property
Effect of deprivation on tenant
Whether taking of personal property was unlawful
Whether landlord or agent acted in bad faith
STATUTORY REQUIREMENTS FOR PERSONAL
PROPERTY STORED ON THE PREMISES
• During the execution of a writ of recovery, the law
requires an officer-supervised inventory of personal
property stored on the premises. Minn. Stat. § 504B.365,
subd. 3(d).
• Contents of inventory
• List of items and condition
• Date, signature of plaintiff/agent, and contact information for
person authorized to release property
• Name and badge number of officer
• Additional requirements
• Must be prepared in presence of officer
• Must be mailed to tenant to any address tenant provides or the
tenant’s last known address
STATUTORY REQUIREMENTS FOR PERSONAL
PROPERTY STORED ON THE PREMISES
• The law imposes a minimum 28-day period during
which the landlord must care for the tenant’s
personal property stored on the premises. Minn.
Stat. § 504B.271, subd. 1(b).
• The minimum period used to be 60 days – the
statute was changed in 2010.
• The period starts to run 28 days AFTER:
• Actual notice of abandonment, OR
• It reasonably appears to the landlord that the tenant has
abandoned the property.
STATUTORY REQUIREMENTS FOR PERSONAL
PROPERTY STORED ON THE PREMISES
• After 28 days, the landlord can sell or dispose of the
tenant’s personal property.
• The notice and procedure for the sale of personal
property stored on the premises is governed by Minn.
Stat. § 504B. 271, subd. 1(d).
• Basic notice and procedure:
• 14 days’ written notice to tenant
• Service of notice
• Personal service
• First class mail and certified mail, as well as posting of sale notice in
conspicuous place at the premises
• Landlord can apply sale proceeds to reasonable costs of
storage of property – 504B.271, subd. 1(c)
• Remaining proceeds to tenant upon written demand
STATUTORY REQUIREMENTS FOR PERSONAL
PROPERTY STORED OFF THE PREMISES
• If a landlord stores the tenant’s personal property
off the premises, then Minn. Stat. § 504B.271 does
not apply.
• The process is outlined in Minn. Stat. § 504B.365,
subd. 3(a)-(c).
• The landlord pays for the removal of the personal property.
• The tenant must reimburse the landlord.
• If the tenant fails or refuses to pay the landlord, the landlord
has a lien on all of the personal property for the reasonable
costs and expenses of removal, storage, and care of the
property.
• Landlord can enforce the lien by detaining the personal
property until paid.
STATUTORY REQUIREMENTS FOR PERSONAL
PROPERTY STORED OFF THE PREMISES
• After 60 days, the landlord can sell the tenant’s
personal property at a public sale.
• NOTE: If the landlord removes personal property from the premises
during execution of the writ of recovery, the landlord’s storage
and care obligations are over twice as long as if the landlord stores
the personal property on the premises.
• The notice and procedure for the sale of personal
property stored off the premises is governed by
Minn. Stat. §§ 514.18-514.22.
STATUTORY REQUIREMENTS FOR PERSONAL
PROPERTY STORED OFF THE PREMISES
• Basic notice and procedure for sale:
• Service of notice
• Personal service
• Mail to any known address of tenant three weeks before sale, as
well as newspaper publication for three successive weeks
• Contents of notice
• 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
• The grounds of the lien, giving a general description of the property
to be sold
• The statute authorizes the sale of enough of the personal
property to satisfy the amount due at the time of sale,
including expenses. Minn. Stat. § 514.22.
AVAILABLE RELIEF
• There are revised and updated motion forms
regarding personal property after eviction.
• Basic relief available for property stored on the
premises:
• Return of the personal property
• Unlawful personal property retention penalties – double
damages or $1,000, whichever is greater, plus reasonable
attorneys’ fees
• Unlawful ouster penalties – treble damages or $500,
whichever is greater, plus reasonable attorneys’ fees
• Enjoinment of pending sale of the personal property
AVAILABLE RELIEF
• Basic relief available for property stored off the
premises:
• Joinder of third party conducting sale of personal property
as a necessary party
• E.g., a storage or warehousing company
• Enjoinment of pending sale of the personal property in
dispute
• Return of the personal property
• Unlawful ouster penalties – treble damages or $500,
whichever is greater, plus reasonable attorneys’ fees
BASS V. EQUITY RESIDENTIAL HOLDINGS,
L.L.C., 847 N.W.2D 89 (MINN. CT. APP. 2014)
• Last year, the Court of Appeals issued a reported decision
involving a landlord’s illegal eviction of a tenant and the
equally illegal trashing of her belongings.
• Basic facts:
• The landlord filed an eviction action for nonpayment of rent, and the
tenant asserted defenses.
• The court ordered the tenant to deposit rent with the court, subject to
judgment for the landlord and the issuance of a writ of recovery if the
tenant failed to post the rent. The tenant failed to post the rent.
• The court issued an order for judgment for the landlord, authorizing the
issuance of a writ of recovery upon the landlord’s payment of the writ
fee.
• The landlord did not pay a fee to get a writ. Instead, while the tenant
was at work, the landlord threw all of her belongings in dumpsters and
changed the locks on her apartment door.
BASS V. EQUITY RESIDENTIAL HOLDINGS,
L.L.C., 847 N.W.2D 89 (MINN. CT. APP. 2014)
• The tenant brought claims for penalties for the unlawful
exclusion from her apartment and punitive damages for the
landlord’s failure to store and care for her property.
• The district court awarded the tenant treble damages of over
$9,000 under Minn. Stat. § 504B.231 and a $1,000 penalty
under Minn. Stat. 504B.271.
• The landlord appeal, challenging the district court’s jurisdiction
to award monetary damages and penalties.
• The Court of Appeals affirmed the district court, holding that
the Housing Court division of the District Court of Hennepin
County has jurisdiction to award monetary damages and
penalties in post-eviction judgment “lockout” and personal
property disputes.
OTHER OPTIONS FOR ENFORCEMENT
OF PERSONAL PROPERTY CLAIMS
• While the district court has jurisdiction to hear a motion
relating to the removal of personal property during the
writ execution process, a tenant may seek relief in
another forum or in another manner.
• Available options:
• Action for replevin in Conciliation Court or district court, with
ouster and personal property retention claims.
• Longer timeframe than motion in eviction action
• Viable option if the tenant is concerned only about monetary
claims and has other claims against the landlord (e.g., security
deposit, rent abatement, single-metered utility billing, etc.)
• Unlawful removal or exclusion action – see Bass v. Equity
Residential Holdings, L.L.C. (started with 504B.375 petition).
• Motion for relief from an eviction judgment under Minn. R. Civ.
P. 60.02
CONTACT INFORMATION
Drew P. Schaffer, Managing Attorney
Mid-Minnesota Legal Aid
430 First Avenue North, Suite 300
Minneapolis, MN 55401-1780
Electronic Mail: dpschaffer@mylegalaid.org
Telephone: 612.746.3644
Facsimile: 612.746.3644
Legal Aid Intake: 612.334.5970