Housing Law in Minnesota

Residential Eviction Defense in Minnesota, and Other Housing Law Materials
By Lawrence R. McDonough
Poverty Law
University of Minnesota and University of St. Thomas Schools of Law
© Poverty Law and Lawrence R. McDonough and Monica Bogucki (except where other authors are noted)
http://povertylaw.homestead.com
Permission granted for pro bono representation.
Use for other purposes, including educational purposes, is by written permission only from Lawrence R. McDonough and Monica Bogucki (except where other authors are noted).

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Eviction Prevention Training for Lawyers under Pandemic Orders and Laws - Slide Show, May 1, 2020

EVICTION ANSWER FORMS

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RESIDENTIAL EVICTION DEFENSE AND TENANT CLAIMS IN MINNESOTA, BY LAWRENCE R. MCDONOUGH

Highlights of the 2019 Edition!

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These are large files, around 600 pages long.  The Word file is the smallest, and the PDF file is the largest.  You also can view the HTML file on line. 

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To view or download unpublished decisions discussed in it, you need to go to www.projusticemn.org.  After registering (if you have not done so already), go to Civil Law, Library, Housing, and Eviction Defense.

You also can view some previous chapters in a wiki revision that include direct links to PDFs of the unpublished decisions as well as statutes and appellate cases: Wiki Version of Residential Eviction Defense in Minnesota

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LINKS

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REFERRALS

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HOUSING LAWS AND RULES

Minn. Stat. Ch. 504B

Statute cross refererence tables
From 504B
To 504B

Housing Court Rules

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ARTICLES AND SLIDE SHOWS

Summaries of Tenant Rights

Tenants' Rights in Minnesota, Minnesota Legal Services Coalition

Housing Facts Sheets, Minnesota Legal Services Coalition

Eviction Fact Sheet

Housing Law 101/Refresser Slide Show


Housing Court Representation

Housing Court Representation Slide Show, by Drew Schaffer

Eviction and Expungement Hypotheticals Slide Show

Repair Cases

Eviction Habitability Defense
Rent Escrow Actions
Tenant Remedies Actions
Emergency Tenant Remedies Actions
Lockout Actions

Rights of Tenants Whose Landlord Are in Foreclosure

Slide Show, by Tovah Flygare and Lawrence McDonough

Fact Sheet, When Your Landlord Loses the Building: Mortgage Foreclosure

Residential Eviction Defense in Minnesota, Chapter VI, §§ E.37, F.1.d, F.10.a.5, F.12, supra

Public and Subsidized Housing

Tenancies Table
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Defending Evictions in Public and Subsidized Housing: Slide Show

Residential Eviction Defense in Minnesota
I.G.
VI.D.11.
E.1.h., E.10.d., E.12.
F.4., F.10.
G.4.a., G.10., G-16.d-e.
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Answer Forms A3-8 (below)

How Medical Marijuana Can Threaten Access to Public Housing
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Administrative Law for Housing and Government Benefits Programs

Slide Show

Criminal Activity

L. McDonough & M. McCreight, Wait a Minute: Slowing Down Criminal Activity Eviction Cases to Find the Truth (2007)

Slide Show: Defending Criminal Activity Cases

Representing Tenants in Housing Court Judge Reviews

Expungements

Slide Shows

Expungement: The Impact of an Eviction on a Tenant’s  Record and the Process for Removal, by TJ Patton (2015)

Expungement: Erasing and Eviction Case Records, by Drew Schaffer (2014)

Eviction and Expungement Hypotheticals Slide Show

Residential Eviction Defense in Minnesota, Chapter VIII, § E.5, supra

Expungement motion

Security Deposits

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Emergency Resources for Tenants

Government Benefits Fact Sheets, Minnesota Legal Services Coalition

Unpublished Housing Cases in the Court of Appeals

To Be or Not to Be Unpublished: Housing Law and the Lost Precedent of the Minnesota Court of Appeals, 35 Hamline L. Rev. 1 (2012), on Westlaw at 35 HAMLR 1

Ethical Concerns

Representing Tenants Slide Show 2019

Representing Landlords and Tenants Slide Show 2018

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FORMS

Tenancies table

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Eviction Answer Forms

Unpublished Decisions and Reports in Answer Forms (attach if asserting the defense)

Recommendations of Minnesota Supreme Court Advisory
Committee on General Rules of Practice, Final Report, at 5
(Aug. 31, 2009)
Rejected proposal to amend Minn. Gen. R. Prac. 603 to permit
corporations to appear in district court eviction action without
representation by a licensed attorney, citing Nicollet
Restoration, Inc. v. Turnham

Trilogy Properties of MN LLC v. Gilmer
Principal and Address Disclosure, Minn. Stat. § 504B.181

Osuji v. Coleman
Landlord’s Failure to Give Notice as Required by the Lease

Hwang v. _____
Landlord Failed to Disclose Mortgage Foreclosure to a
Prospective Tenant

Beaumia v. Eisenbraun
Rental License Rent Abatement

Skogberg v. Huisman
A material breach goes to the root or essence of the contract,
so substantial and fundamental that it defeats the object of the
parties in entering into the contract, where the injury is
irreparable or where damages would be inadequate or difficult
or impossible to determine

A0Instructions
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A1 Private
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A1v      Private Tenancy under Executive Order 20-14
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A1v1    Private Tenancy following Executive Order 20-14 (to be completed)
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A2 Manufactured Home Park Lots
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A3Section 8 Housing Choice and VASH Voucher Tenancies
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A4HUD Subsidized Projects under Handbook 4350.3
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A4XHUD Care Programs
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A5HUD Moderate Rehabilitation Projects
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A5XHUD HOME  Investment  Partnerships Program
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A6Project Based Section 8 Certificates
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A6XInternal Revenue Service Low-Income Housing Tax Credit
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A7Rural Housing Service Subsidized Housing Projects
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A7XRural Housing Service Subsidized Housing Projects Receiving
HUD Section 8 Subsidies
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A8Public Housing
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Eviction and Expungement Hypotheticals Slide Show

Contempt

Motion

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Order

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Removal Forms

Notice of Removal of Judicial Officer
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Notice to Remove Referee
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Expungement

Expungement motion

Eviction and Expungement Hypotheticals Slide Show

Judge Review Forms

Repair Forms

Fee Waiver Forms: In Forma Pauperis (IFP)

Motions to Vacate Judgments

Personal Property Disputes after an Eviction Judgment

To view or download other forms, you need to go to  www.projusticemn.org, formerly www.probono.net/mnProbono.net.  After registering (if you have not done so already), go to Civil Law, Library, Housing, and Eviction Defense.

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© Poverty Law and Lawrence R. McDonough and Monica Bogucki (except where other authors are noted)
http://povertylaw.homestead.com
Permission granted for pro bono representation.
Use for other purposes, including educational purposes, is by written permission only from Lawrence R. McDonough and Monica Bogucki (except where other authors are noted).