Subdivision 1. Statement of intention to appeal. If the court renders judgment against the defendant and the defendant or defendant's attorney informs the court the defendant intends to appeal, the court shall issue an order staying the writ for recovery of premises and order to vacate for at least 24 hours after judgment, except as provided in subdivision 7.
Subd. 2. Time for appeal. A party who feels aggrieved by the judgment may appeal within 15 days as provided for civil actions in district court.
Subd. 3. Appeal bond. If the party appealing remains in possession of the property, that party must give a bond that provides that:
(1) all costs of the appeal will be paid;
(2) the party will comply with the court's order; and
(3) all rent and other damages due to the party excluded from possession during the pendency of the appeal will be paid.
Subd. 4. Stay pending appeal. After the appeal is taken, all further proceedings in the case are stayed, except as provided in subdivision 7.
Subd. 5. Stay of writ issued before appeal. (a) Except as provided in subdivision 7, if the court issues a writ for recovery of premises and order to vacate before an appeal is taken, the appealing party may request that the court stay further proceedings and execution of the writ for possession of premises and order to vacate, and the court shall grant a stay.
(b) If the party appealing remains in possession of the premises, that party must give a bond under subdivision 3.
(c) When the officer who has the writ for possession of premises and order to vacate is served with the order granting the stay, the officer shall cease all further proceedings. If the writ for possession of premises and order to vacate has not been completely executed, the defendant shall remain in possession of the premises until the appeal is decided.
Subd. 6. Dismissal of appeals; amendments; return. In all cases of appeal, the appellate court shall not dismiss or quash the proceedings for want of form only, provided they have been conducted substantially in accordance with the provisions of this chapter. Amendments may be allowed at any time, upon such terms as to the court may appear just, in the same cases and manner and to the same extent as in civil actions. The court may compel the trial court, by attachment, to make or amend any return which is withheld or improperly or insufficiently made.
Subd. 7. Exception. Subdivisions 1, 4, and 6 do not apply in an action on a lease, against a tenant holding over after the expiration of the term of the lease, or a termination of the lease by a notice to quit, if the plaintiff gives a bond conditioned to pay all costs and damages if on the appeal the judgment of restitution is reversed and a new trial ordered. In such a case, the court shall issue a writ for recovery of premises and order to vacate notwithstanding the notice of appeal, as if no appeal had been taken, and the appellate court shall issue all needful writs and processes to carry out any judgment which may be rendered in the court.
1999 c 199 art 1 s 54; 2013 c 100 s 4
Structure Minnesota Statutes
Chapters 500 - 515B — Property And Property Interests
Chapter 504B — Landlord And Tenant
Section 504B.001 — Definitions.
Section 504B.101 — Distress For Rent.
Section 504B.111 — Written Lease Required; Penalty.
Section 504B.113 — Service And Support Animal Documentation.
Section 504B.115 — Tenant To Be Given Copy Of Lease.
Section 504B.116 — Prorated Rent Required.
Section 504B.118 — Receipt For Rent Paid In Cash.
Section 504B.121 — Tenant May Not Deny Title; Exception.
Section 504B.125 — Person In Possession Liable For Rent; Evidence.
Section 504B.131 — Rent Liability; Uninhabitable Buildings.
Section 504B.135 — Terminating Tenancy At Will.
Section 504B.141 — Urban Real Estate; Holding Over.
Section 504B.145 — Restriction On Automatic Renewals Of Leases.
Section 504B.146 — Lease Duration Notice.
Section 504B.147 — Time Period For Notice To Quit Or Rent Increase.
Section 504B.155 — Tenant Must Give Cold Weather Notice Before Vacation Of Building.
Section 504B.161 — Covenants Of Landlord Or Licensor.
Section 504B.165 — Unlawful Destruction; Damages.
Section 504B.171 — Covenant Of Landlord And Tenant Not To Allow Unlawful Activities.
Section 504B.172 — Recovery Of Attorney Fees.
Section 504B.173 — Applicant Screening Fee.
Section 504B.175 — Prelease Deposit.
Section 504B.181 — Landlord Or Agent Disclosure.
Section 504B.185 — Inspection; Notice.
Section 504B.195 — Disclosure Required For Outstanding Inspection And Condemnation Orders.
Section 504B.204 — Action For Rental Of Condemned Residential Premises.
Section 504B.205 — Residential Tenant's Right To Seek Police And Emergency Assistance.
Section 504B.206 — Right Of Victims Of Violence To Terminate Lease.
Section 504B.211 — Residential Tenant's Right To Privacy.
Section 504B.215 — Billing; Loss Of Services.
Section 504B.221 — Unlawful Termination Of Utilities.
Section 504B.225 — Intentional Ouster And Interruption Of Utilities; Misdemeanor.
Section 504B.231 — Damages For Ouster.
Section 504B.235 — Definitions.
Section 504B.241 — Residential Tenant Reports; Disclosure And Corrections.
Section 504B.245 — Tenant Report; Remedies.
Section 504B.251 — Recording Of Notice Of Cancellation Of Leases.
Section 504B.255 — Termination Notice Requirement For Federally Subsidized Housing.
Section 504B.261 — Pets In Subsidized Disability Accessible Rental Housing Units.
Section 504B.265 — Termination Of Lease Upon Death Of Tenant.
Section 504B.271 — Tenant's Personal Property Remaining In Premises.
Section 504B.275 — Attorney General's Statement; Distribution.
Section 504B.281 — Forcible Entry And Unlawful Detainer Prohibited.
Section 504B.285 — Eviction Actions; Grounds; Retaliation Defense; Combined Allegations.
Section 504B.291 — Eviction Action For Nonpayment; Redemption; Other Rights.
Section 504B.301 — Eviction Action For Unlawful Detention.
Section 504B.305 — Notice Of Seizure Provision.
Section 504B.311 — No Eviction Action If Tenant Holds Over For Three Years.
Section 504B.315 — Restrictions On Eviction Due To Familial Status.
Section 504B.321 — Complaint And Summons.
Section 504B.325 — Expedited Relief.
Section 504B.331 — Summons; How Served.
Section 504B.335 — Answer; Trial.
Section 504B.341 — Continuance Of Trial.
Section 504B.345 — Judgment; Execution.
Section 504B.351 — Failure Of Jury To Reach A Verdict.
Section 504B.355 — Form Of Verdict.
Section 504B.361 — Forms Of Summons And Writ.
Section 504B.365 — Execution Of The Writ Of Recovery Of Premises And Order To Vacate.
Section 504B.375 — Unlawful Exclusion Or Removal; Action For Recovery Of Possession.
Section 504B.381 — Emergency Tenant Remedies Action.
Section 504B.385 — Rent Escrow Action To Remedy Violations.
Section 504B.391 — Violations Of Building Repair Orders.
Section 504B.431 — Service Of Judgment.
Section 504B.435 — Landlord's Right To Collect Rent Suspended.
Section 504B.441 — Residential Tenant May Not Be Penalized For Complaint.
Section 504B.445 — Administrator.
Section 504B.451 — Receivership Revolving Loan Fund.
Section 504B.455 — Removal Of Administrator.
Section 504B.461 — Termination Of Administration.