Minn. Stat. § 504B § 504B.381

EMERGENCY TENANT REMEDIES ACTION.

In Force
Verified 9/15/2026 · Next check 9/22/2026
effective 9/15/2026MinnesotaRent Regulation

Operative Text

Minn. Stat. § 504B § 504B.381
Subdivision 1.Petition.
A person authorized to bring an action under section 504B.395, subdivision 1, may petition the court for relief:

(1) when a unit of government has revoked a rental license, issued a condemnation order, issued a notice of intent to condemn, or otherwise deemed the property uninhabitable; or

(2) in cases of emergency involving the following services and facilities when the landlord is responsible for providing them:

(i) a serious infestation;

(ii) the loss of running water;

(iii) the loss of hot water;

(iv) the loss of heat;

(v) the loss of electricity;

(vi) the loss of sanitary facilities;

(vii) a nonfunctioning refrigerator;

(viii) if included in the lease, a nonfunctioning air conditioner;

(ix) if included in the lease, no functioning elevator;

(x) any conditions, services, or facilities that pose a serious and negative impact on health or safety; or

(xi) other essential services or facilities.

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 petition and order.
Provided proof that the petitioner has given the notice required in subdivision 4 to the landlord, if the court finds based on the petitioner's emergency ex parte motion for relief, affidavit, and other evidence presented that the landlord violated subdivision 1, then the court shall order that the landlord immediately begin to remedy the violation and may order relief as provided in section 504B.425. The court and petitioner shall serve the petition and order on the landlord personally or by mail as soon as practicable. The court shall include notice of a hearing and, at the hearing, shall consider evidence of alleged violations, defenses, compliance with the order, and any additional relief available under section 504B.425. The court and petitioner shall serve the notice of hearing on the ex parte petition and emergency order 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.

Subd. 8.Filing fee.
The court administrator may charge a filing fee in the amount set for complaints and counterclaims in conciliation court, subject to the filing of an inability to pay affidavit.
Source: Legislative text reproduced verbatim
Plain English

Minn. Stat. § 504B.381 establishes an emergency tenant remedies action that allows eligible parties to seek rapid court intervention when a rental property faces urgent habitability failures — such as loss of heat, running water, electricity, or a serious infestation — or when a government authority has condemned or deemed the property uninhabitable. The petitioner must file a verified petition in the county where the property is located and must generally attempt to notify the landlord at least 24 hours before going to court. If the court finds a violation, it can order the landlord to immediately begin remedying the problem and may grant additional relief; however, emergencies caused by the tenant's own deliberate or negligent actions are excluded from this process.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 15, 2026

Plain English — not legal advice.

For Property Managers

Under Minn. Stat. § 504B.381, a compliant property owner maintains essential services — including heat, hot and cold running water, electricity, and sanitary facilities — so that emergency court petitions do not arise in the first place. When a landlord does receive notice of a tenant's intent to seek emergency relief, operators generally respond promptly to the underlying condition, because the statute allows a court to issue an ex parte order requiring immediate remediation even before a full hearing. Keeping records of maintenance requests, repair timelines, and any government inspection correspondence helps demonstrate compliance if a petition is filed and the matter proceeds to a hearing under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Minn. Stat. § 504B.381 gives eligible tenants — and others authorized under § 504B.395, subdivision 1 — the right to petition a district court for emergency relief when a landlord-responsible condition such as loss of heat, water, electricity, or a serious infestation threatens health or safety. Before filing, a petitioner is generally required to attempt to notify the landlord at least 24 hours in advance, though a court can waive that requirement if reasonable notification efforts failed. Tenants who believe they qualify may consider contacting a local tenant-rights organization or legal aid office to understand the petition process, the types of relief available under § 504B.425, and how the low filing fee or inability-to-pay affidavit option under this section might apply to their situation.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 15, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 326
Rules and regulations
§ 327
Saving clauses
§ 328
Effect of invalidity in part

Source Information

Snapshot SHA:
Fetched:Sep 15, 2026, 07:48 PM UTC