Certain classes of landlords (generally those who rent rooms in boarding houses, lodging houses, inns, hotels or motel rooms) are authorized to hold baggage and other personal property belonging to or legally under the control of their guests until proper charges due have been paid. This lien can only be executed when the rent charges are due and have not been paid; the landlord cannot seize personal property in anticipation of the tenants failure to pay.

When the landlord has the right of lien and commits a trespass to enforce this lien, s/he may keep possession of the seized property even though s/he may later be the subject of a civil action. A landlord seizing property under this lien will merely hold it until her/his charges have been paid; if after 90 days the rent has not been paid, the landlord may sell the property to reimburse her/him for the rent. A court order is necessary prior to seizure of property, Minnesota Statute 327.76.

The landlord, under the above conditions, may lock the tenant out of her/his room or apartment and the tenants recourse under any of the above conditions is through court under civil law and s/he should contact a private attorney.

Last Edited: March 20, 2017