Answer #1: priavte tenancy

STATE OF MINNESOTA

COUNTY OF _____________

DISTRICT COURT

______________ JUDICIAL DISTRICT

___________ DIVISION: _____________

CASE TYPE: UNLAWFUL DETAINER (EVICTION)

_________________________________

_________________________________,

Plaintiff (Landlord),

_________________________________

_________________________________,

Defendant (Tenant).

NOTICE OF MOTION AND

ORDER FOR EXPUNGEMENT

OF EVICTION RECORD

Housing Law Minnesota No. Exp-1

(April 2024)

Case No. _______________________

NOTICE OF MOTION

PLEASE TAKE NOTICE that at_____ a.m./p.m. on _________________, the Defendant will bring the following motion on for hearing before the Honorable ______________________, Referee or Judge of District Court, at the following location: ____________________________

_____________________________________________________________________________.

MOTION

1. Defendant asks the Court for the immediate expungement of this eviction case court file.

2. □ Discretionary Expungement under Minn. Stat. § 484.014, Subd. 2. “The court may order expungement of an eviction case court file if the court finds the expungement is clearly in the interests of justice and those interests are not outweighed by the public's interest in knowing about the record.”

a. Expungement is clearly in the interests of justice:

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b. The interests of justice are not outweighed by the public’s interest in knowing about the record:

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3. □ Mandatory Expungement under Minn. Stat. § 484.014, Subd. 3.

(a) □ “[T]he court shall, without motion by any party, order expungement of an eviction case:”

(1) □ Commenced solely on the grounds provided in Minn. Stat. § 504B.285, subdivision 1, clause (1), if the court finds that the defendant occupied real property that was subject to contract for deed cancellation or mortgage foreclosure and:

(i) □ The time for contract cancellation or foreclosure redemption has expired and the defendant vacated the property prior to commencement of the eviction action; or

(ii) □ The defendant was a tenant during the contract cancellation or foreclosure redemption period and did not receive a notice under Minn. Stat. § 504B.285, subdivision 1a, 1b, or 1c, to vacate on a date prior to commencement of the eviction case.

(2) □ The defendant prevailed on the merits. ________________________________________________________________________________________________________________________________________________

(3) □ The court dismissed the plaintiff's complaint for any reason.

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(4) □ The parties to the action agreed to an expungement.

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(5) □ It has been three years after the eviction was ordered.

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(b) □ Upon motion of a defendant, if the case is settled and the defendant fulfills the terms of the settlement.

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(c) □ The court shall order the expungement of an eviction case that was commenced on the grounds of a violation of Minn. Stat.

§ 504B.171 or any other claim of breach regardless of when the original eviction was ordered, if the tenant could receive an automatic expungement under Minn. Stat. § 609A.055, or if the breach was based solely on the possession of marijuana or tetrahydrocannabinols.

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4. □ Common Law Inherent Authority Expungement. Minn. Stat. § 504B.345, Subd. 1(c)(2) provides that “the court may expunge the records relating to the action under the provisions of section 484.014 or under the court's inherent authority at the time judgment is entered or after that time upon motion of the defendant.”

Courts have inherent authority to perform a judicial action when the relief requested "is necessary to the performance of a judicial function as contemplated in [the] state constitution." In re: Clerk of Court's Compensation for Lyon County v. Lyon County Commissioners, 241 N.W.2d 781, 786 (Minn. 1976). Minn. Const. Art. 1 § 8 provides “Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive to his person, property or character, and to obtain justice freely and without purchase, completely and without denial, promptly and without delay, conformable to the laws.”

Courts also have inherent authority to control their own records, along with the equitable power to prevent unfairness to individuals. State v. C.A., 304 N.W.2d 353, 358 (Minn. 1981). The court "must decide whether expungement will yield a benefit to the petitioner commensurate with the disadvantages to the public from the elimination of the record and the burden on the court in issuing, enforcing and monitoring an expungement order." Id.

A non-exclusive list of factors were stated by Judge Connolly in his concurring opinion in

At Home Apts., LLC v. D. B., No. A18-0512, 2019 Minn. App. Unpub. LEXIS 47 at *10-11, 2019 WL 178509 at *4 (Minn. Ct. App. Jan. 14, 2019) (Unpublished):

(1) whether any back-rent is owed, how much is owed, and if there is a payment plan in place—although I do not believe that an expungement should be automatically denied solely because any rent owing has not been paid; (2) a petitioner's eviction history; (3) the cause for the nonpayment of rent—whether it was due to economic hardship or a mere willful refusal; (4) the length of time since the petitioner's last eviction; (5) whether the eviction was for a material breach of the lease other than nonpayment of rent (e.g., conducting illegal activity on the leased premises); (6) the number of evictions with the same landlord as opposed to different landlords; and (7) the term of the lease. See State v. H.A., 716 N.W.2d 360, 364 (Minn. App. 2006) (describing analogous factors for criminal-record expungements).

Id. (the court remanded for the district court to provide a written record of its findings and conclusions on whether it has inherent authority to expunge the records of the eviction action and, if it does, whether the facts support expungement).

The Court should expunge this file within its inherent authority because (1) expungement is necessary to the performance of the judicial function of effecting justice, (2) the burden on the court in issuing an expungement order in this action is minimal, and (3) the benefits of expungement to me are equal to, or greater than, any disadvantage to the public from elimination of the record and any burden on the court in expunging the record of this case for the following reasons:

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5. □ District Court Record Retention Schedule Expungement. This case record is older than cases scheduled for destruction under the Minnesota Judicial Branch Court Services Division District Court Record Retention Schedule.

a. □ No money judgment was ordered in this case and

(1) □ the case file was closed over one year ago, id. at 9, or

(2) □ following final disposition of the case, there was financial activity in the case, and it has been three years since the fiscal year of the final disposition. Id.

b. □ A money judgment was ordered in this case, there are no outstanding debts, and the case is over ten years old. Id.

6. Under Minn. R. Civ. P. 11, I certify that, to the best of my knowledge:

(a) this document is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(b) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(c) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;

(d) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief; and

(e) this document does not include any restricted identifiers and that all restricted identifiers have been submitted in a confidential manner as required by Minn. R. Gen. Prac. 11.

I know that I may be fined or sanctioned by the court if this certification is false.

7. Under Minn. Stat. § 358.116, I declare under penalty of perjury that everything I have stated in this document is true and correct.

Date

Signature

County and State Where

Document Is Signed

County: _____________________________

State: _______________________________

Name: ______________________________

Address: ____________________________

City, State, Zip: ______________________

Telephone: __________________________