Highlights of Residential Eviction Defense and Tenant Claims in Minnesota
Sixteenth Edition April 2019
http://povertylaw.homestead.com/files/Reading/Residential_Eviction_Defense_in_Minnesota.htm
Lawrence McDonough
Pro Bono Counsel
Dorsey and Whitney, LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
P: 612-492-6795, F: 612-677-3220
This revision is in progress. New appendices beyond Appendix 628 will be posted at Pro Justice MN when done. Before then, new appendices are available from the author.
The manual adds important appellate and district court decisions.
New sections include:
Chapter I: Introduction To Unlawful Detainer (Eviction) Actions
and Landlord-Tenant Relationships
History of Landlord and Tenant Laws in Minnesota
Preemption
Eviction Remedy in Other Actions
Definition of tenancy, lease or leasehold interest
Tenancy for life
Analyzing holder over tenancies
Lease interpretation and construction
Parol Evidence
Caretakers as tenants and landlords
Residency hotels
Shelters
Nursing homes residents are tenants
Assisted living and housing with services
Board and lodging
Residences with services under Minn. Stat. Ch. 245D
Group Residential Housing
Lease Requirements
Ethics Issues in Landlord and Tenant Representation
Chapter V: Procedure
Venue
Filing Fee Waivers: In Forma Pauperis (IFP)
Appearance of Counsel for Defendant Without Defendant As an Appearance by Defendant
Jurisdiction
Copies of court files
Judicial notice
Business records
Reopening the Record
Treatment of Pro Se Parties
Chapter VI: Defenses
Filing Fee Waivers: In Forma Pauperis
Verification Signed by Notary No Longer Required
C. Improper Service
Challenges to affidavits of service
Improper posting on commercial tenant
No or untimely affidavit of service
Incomplete service
D. Failure to Satisfy Preconditions to Recovery of the Premises
Lack of subject matter jurisdiction
Power of attorney
Accord and satisfaction
E. Nonpayment of rent defenses
McKnight Habitability Litigation Revolving Fund
Housing inspectors as lay witnesses and not experts
Quiet enjoyment
Tenant awards beyond rent claimed credited against future rent
Code violations are misdemeanors
Acquiescence to notice to increase rent
Other fees
Bankruptcy and public housing rent
Premature action that had not accrued
Acceptance of rent before commencement of action
Landlord rejected rent before filing action
De minimus rent and fees
Laches
F. Holding over after notice to quit defenses
Year-to-year tenancies
Purchase agreements and exercised options terminations
Declaratory judgment action as alternative to eviction defense
G. Breach of lease defenses
Regulation prohibiting Legal Services Corporation (LSC) recipients from representing tenants in certain drug allegation public housing cases
Distinguishing between crimes and offenses: marijuana and other petty misdemeanors
Crime-free ordinances
Drug paraphernalia
Medical marijuana
Registered sex offenders
Admissibility of plea from criminal action
Chapter VIII: Post Trial Issues
Priority writs
Notice to defendant
Contemp for failing to vacate
4. Motion for costs and attorney’s fees
Jurisdiction
Nonpayment of rent cases
Collection through credited rent
Calculation of attorney's fees
Disbursements
5. Motion to Seal or Expunge Court Records
Expungement distinguished with amending caption
Good faith dispute
Notice to tenant screening agencies
In the future: automatic purging of older eviction files
Chapter XII: Other Landlord and Tenant Actions
B. Tenant Initiated Actions and Claims
Statutes of limitations
1. Lockout Actions
Statutes
History
Current statutes
Analysis of actions for tenant repossession of property and damages
Violation of Tenant’s Privacy Rights
Quiet enjoyment
Damages action
Forms:
Answers
http://povertylaw.homestead.com/ResidentialUnlawfulDetainer.html
Expungement motions
http://minnhousingclinic.homestead.com/expungementforms.html