SF558 (Legislative Session 94 (2025-2026))
Owners of residential real property remedy of removal of unauthorized persons provision
AI Generated Summary
Senate File No. 558 is a proposed law in Minnesota that aims to help property owners quickly remove unauthorized persons from their residential properties. Here’s a simple breakdown of what the bill entails:
Right to Request Removal: If certain conditions are met, property owners, or their authorized agents, can ask the county sheriff to immediately remove people who are unlawfully occupying their residential real estate.
Conditions for Removal: For the sheriff to act, the occupant must have entered and stayed without permission, the property must not have been open to the public when they entered, the owner must have told them to leave, they must not be current or former tenants or immediate family members, and there must be no ongoing legal disputes involving the unauthorized person and the property.
Filing a Complaint: To start the removal process, the property owner or their agent needs to submit a thorough complaint form to the sheriff, declaring under the penalty of perjury that all stated conditions are met.
Action by the Sheriff: Upon receiving a valid complaint, the sheriff will verify the information, serve a notice to vacate to the unlawful occupants, and help the owner regain possession of the property. This might involve personally delivering the notice or posting it at the property.
Fees and Responsibilities: The sheriff can charge a reasonable fee for their services. Property owners may ask the sheriff to supervise while changing locks and moving the occupant’s belongings to a nearby location. However, they must cover any related costs.
Consequences of Wrongful Removal: If a person is wrongfully removed, they can sue the property owner. Compensations might include restoration to the property, payment for costs and damages, and potentially triple the fair market rent of the property in additional damages.
Arrest Authority: This bill does not limit the power of property owners or law enforcement to arrest an unlawful occupant for trespassing or other related crimes.
In essence, this bill provides a legal avenue for property owners in Minnesota to swiftly and legally remove individuals who are on their property without permission, ensuring both the rights of property owners and legal protections for occupants.
Bill text versions
- Introduction PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| January 22, 2025 | Senate | Floor | Action | Introduction and first reading | |
| January 22, 2025 | Senate | Floor | Action | Referred to | Housing and Homelessness Prevention |
| January 29, 2025 | Senate | Floor | Action | Author added |
Citations
[
{
"analysis": {
"added": [
"New procedures give property owners a mechanism to act against unauthorized occupants."
],
"removed": [],
"summary": "This statute addresses the penalties for providing false statements under oath.",
"modified": [
"Verification under penalty of perjury must comply with section 609.48's criteria for truthful representation."
]
},
"citation": "609.48"
}
]