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HF 4726

Court permitted to stay certain writs of recovery for up to 15 days.

2025-2026 Regular Session Introduced by Matt Norris

The bill allows a court to stay writs of recovery for up to 15 days in most eviction cases, giving tenants a brief housing pause after judgment.

Introduction and first reading, referred to Judiciary Finance and Civil Law
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Bill Summary · HF 4726

Summary: HF 4726 (2025-2026) — Court permitted to stay certain writs of recovery for up to 15 days

Overview

  • Jurisdiction: Minnesota
  • Session: 2025-2026
  • Bill: HF 4726
  • Purpose: To provide a temporary court-authorized pause (stay) of writs of recovery of premises in most eviction cases, for up to 15 days, under specified conditions. Also includes a tighter framework for expedited writs.
  • Effective date: August 1, 2026
  • Current status: Introduced and referred to Judiciary Finance and Civil Law (as of 3/26/2026). Co-sponsor: Matt Norris.

What the bill would change (Key provisions)

Section 1 — Amends Minnesota Statutes 2024, § 504B.345, subd. 1 (General)

  • When a plaintiff wins (court/jury finds for plaintiff):
    • The court must immediately enter judgment for recovery of the premises, tax costs against the defendant, issue execution for costs, and issue a writ of recovery of premises with an order to vacate.
    • Priority for writ issuance is given in eviction actions under § 504B.171 or where a tenant is a nuisance or seriously endangers safety of residents, property, or landlord’s property.
  • When the defendant wins (court/jury finds for defendant):
    • The court must enter judgment for the defendant, tax costs against the plaintiff, and issue execution in favor of the defendant.
    • The court must expunge the records related to the action under § 484.014 or via the court’s inherent authority when judgment is entered or upon motion of the defendant.
  • Critical change (stay of writ): Except in specific exclusions, the court shall stay the writ of recovery of premises and order to vacate for a reasonable period not to exceed 15 days. This stay does not apply if the court has issued a default judgment, and it does not apply to actions brought under § 504B.171 or where the tenant seriously endangers safety or damages property as described.
  • Effective date for this section: August 1, 2026, applies to eviction actions pending on or after that date.

Section 2 — Amends Minnesota Statutes 2024, § 504B.345, subd. 2 (Expedited writ)

  • In expedited writ situations (eviction actions in actions under § 504B.291 as required by § 609.5317, subd. 1):
    • If the court enters judgment for the plaintiff, the court may not stay issuance of the writ unless it makes written findings of extraordinary and exigent circumstances justifying a stay, for up to 15 days.
  • Effective date for this section: August 1, 2026, applies to eviction actions pending on or after that date.

Who/what is affected

  • Affected party: Tenants facing eviction and landlords seeking eviction via the small-claims/summary eviction process.
  • Courts: Judiciary in Minnesota, with procedures for issuing writs of recovery and stays.
  • Cases impacted: Most evictions, including those brought under § 504B.171 (nuisance or safety-related evictions) and expedited eviction actions under § 504B.291, with a tailored approach to stays.

Procedural and timeline aspects

  • General writ stay: Up to 15 days, unless exclusions apply (default judgments excluded; actions under 504B.171 or serious safety/damage scenarios have no stay).
  • Expedited writs: Writ issuance may be stayed only with a written finding of extraordinary and exigent circumstances, up to 15 days; otherwise, writ issuance is not stayed.
  • Effective date: All changes become effective August 1, 2026 and apply to eviction actions pending on or after that date.
  • Practical impact: Provides tenants a brief pause to avoid immediate loss of housing while courts consider post-judgment steps, potentially offering time for alternative housing arrangements or negotiations. Landlords retain the ability to recover costs and proceed with writs after the 15-day period unless a stay is justified.

Potential considerations

  • Balancing interests: The bill seeks to balance tenant stability (temporary relief from immediate eviction) against landlords’ ability to regain possession and recover costs.
  • Administrative impact: Courts will need to track and manage stays up to 15 days and maintain clear written findings for any stays in expedited writ cases.
  • Transitional effect: Applies to eviction actions pending on or after August 1, 2026; actions before that date are not affected unless otherwise specified by future amendments.

If you’d like, I can provide a side-by-side comparison with current law or a brief Q&A addressing common questions (e.g., “What counts as ‘extraordinary and exigent circumstances’?”).

Compiled from official sources — confirm details with the bill’s official record.

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