© Poverty Law and Lawrence R. McDonough and Monica Bogucki (except where other authors are noted)
Permission granted for pro bono representation.
Use for other purposes, including educational purposes, is by written permission only from Lawrence R. McDonough and Monica Bogucki (except where other authors are noted).
Chapter XII, §§ B.1 and B.3.b.
The emergency tenant remedies action (ETRA), also know as the emergency relief action, is a summary proceeding for emergency relief. The basic claims are set out in the ETRA, Minn. Stat. § 504B.381 (formerly § 566.205): 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. The relief available under 504B.381 (formerly § 566.205) and 504B.425 (formerly § 566.25) is similar to that in a rent escrow action under 504B.385 (formerly § 566.34). Before filing the action, the tenant either 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. The court’s form petition is posted at http://www.mncourts.gov/selfhelp/?page=3520 but also consider the combined form discussed below. For more information, see Residential Eviction Defense in Minnesota at XII.B.3.b on ETRAs, and the slide show Unlawful Exclusions and Emergency Cases.
A lockout action is another a summary proceeding for emergency relief. The basic claims are set out in the lockout action statute, Minn. Stat. § 504B.375 (formerly § 566.175): 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. Under 504B.375 (formerly § 566.175), the court may (1) immediately order that the residential tenant have possession of the premises, (2) order the tenant to furnish security, and (3) direct the sheriff to execute the order immediately, and take whatever assistance may be necessary and immediately place the tenant in possession of the premises. The court’s form petition is posted at http://www.mncourts.gov/selfhelp/?page=3521 but also consider the combined form discussed below. For more information, see Residential Eviction Defense in Minnesota at XII.B.1 on lockouts, and the slide show Unlawful Exclusions and Emergency Cases.
Form ER-LO1 combines the ETRA under Minn. Stat. § 504B.381 (formerly § 566.205) and the lockout action under 504B.375 (formerly § 566.175) because often the claims are related. For instance, the landlord’s failure to correct an emergency repair problem can be viewed as a constructive lockout, and a lockout can be viewed as an emergency involving essential services. Form ER-LO1 includes both the basic statutory ETRA and lockout action, claims, optional related claims of other landlord-tenant law violations, and a relief section. The tenant files the action with the district court administrator, or with the housing court where there is one. The court may hear the case right away, or may set a court date. The court will direct the tenant to serve the landlord, although the tenant cannot be the person who serves the landlord. Minn. R. Civ. P. 4.02. The court may hear emergency issues first, and schedule a later trial on damages.
Form ER-LO1: Combined ETRA and lockout action:
© Poverty Law and Lawrence R. McDonough and Monica Bogucki (except where other authors are noted)
Permission granted for pro bono representation.
Use for other purposes, including educational purposes, is by written permission only from Lawrence R. McDonough and Monica Bogucki (except where other authors are noted).
