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

McDonough.Lawrence@Dorsey.com

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