Free STATE OF MINNESOTA - Minnesota

State of Minnesota
County

District Court
Judicial District: Court File Number: Case Type: Housing

Select County

Plaintiff (Tenant)

vs.

Counterclaim For Possession of Premises and Notice of Hearing (Minn. Stat. §504B.385, subd. 2)

Defendant (Landlord)

NOTICE TO TENANT: Your landlord is asking the court to evict you. I,
(Name)

am the:

(check one)

Landlord

Person with power of authority filed and state upon oath/affirmation: 1. Landlord leased or rented to tenant(s) on
Date

by an
Apt. City State

oral

written .
Zip Code

agreement the premises at:
Street

The agreement was from

to
Amount

. The current rent due on the
Date

due and payable under this agreement each month is $ of each month. Tenant(s) date(s) of Birth: (if known)

day

2. The landlord of the premises described above is

.

3. The plaintiff is still in possession of the premises.

4. Plaintiff(s) filed a rent escrow action and deposited with the Court $ ("none" or $ amount) 5. Plaintiff(s) failed to deposit the full amount of rent due and owing on the date of the deposit. On the date of the deposit with the court, plaintiff(s) owed a total of $ in rent as follows: $ per month due for months.

.

6. Defendant, having the present right of possession of the property, has complied with Minn. Stat. §504B.181 by:

HOU402

State

ENG

Rev 9/01

www.courts.state.mn.us/forms

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a. disclosing to tenant either in rental agreement or otherwise in writing prior to the start of the tenancy the name and address of: 1. the person authorized to manage the property; AND 2. the landlord or agent authorized by landlord to accept service of process and receive and give receipt for notices and demands; AND b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information _________________________________________________________ (where posted) _________________________________________________________________________ OR c. the above information was known by tenant(s) not less than 30 days before the filing of this action because: ___________________________________________________________ ________________________________________________________________________.

7. The defendant seeks judgment against the plaintiff(s) for restitution of the premises plus costs and disbursements. Dated:
Signature (Sign only in front of notary public or court administrator.)

Name: Sworn/affirmed before me this day of , . Address: City/State/Zip: Telephone:
Notary Public \ Deputy Court Administrator

HEARING DATE: IMPORTANT NOTICE TO PARTIES TENANT: You must appear before the court or you could be evicted. The Rent Escrow Hearing, previously set for ___________________________ is continued and consolidated with the counterclaim and will be heard on _____________, at ____________, Date Time _____________________________. Location OR The Rent Escrow Hearing and counterclaim are consolidated and will be heard on __________________, at __________, ______________________________. Date Time Location Note: Landlord is responsible for having a third party serve a copy of this Counterclaim on tenants(s) at least 7 days before the hearing date. Service must be made in the manner specified in Minn. Stat. §504B.331. See Minn. Stat. §504B.385, subd. 2(d).

HOU402

State

ENG

Rev 9/01

www.courts.state.mn.us/forms

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