(d) The residential tenant need not deposit rent if none is due to the landlord at the time the residential tenant files the notice required by paragraph (b) or (c). All rent which becomes due to the landlord after that time but before the hearing under subdivision 6 must be deposited with the court administrator. As long as proceedings are pending under this section, the residential tenant must pay rent to the landlord or as directed by the court and may not withhold rent to remedy a violation.
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Subd. 2.Counterclaim for possession.
(a) The landlord may file a counterclaim for possession of the property in cases where the landlord alleges that the residential tenant did not deposit the full amount of rent with the court administrator.
(b) The court must set the date for a hearing on the counterclaim not less than seven nor more than 14 days from the day of filing the counterclaim. If the rent escrow hearing and the hearing on the counterclaim for possession cannot be heard on the same day, the matters must be consolidated and heard on the date scheduled for the hearing on the counterclaim.
(c) The contents of the counterclaim for possession must meet the requirements for a complaint under section 504B.321.
(d) The landlord must serve the counterclaim as provided in section 504B.332, except that the affidavit of service or mailing may be brought to the hearing rather than filed with the court before the hearing.
(e) The court must provide a simplified form for use under this section.
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Subd. 3.Defenses.
The defenses provided in section 504B.415 are defenses to an action brought under this section.
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Subd. 4.Filing fee.