Answer #1: priavte tenancy

STATE OF MINNESOTA

COUNTY OF

DISTRICT COURT

______________ JUDICIAL DISTRICT

DIVISION:

CASE TYPE: UNLAWFUL DETAINER (EVICTION)

Plaintiff (Landlord),

Defendant(s) (Tenant).

NOTICE OF MOTION AND

MOTION TO VACATE

DEFAULT JUDGMENT

AND/OR FOR OTHER

RELIEF UNDER MINN. R. CIV. P. 60.02

Pov. Law Form No. V-1 (March 2017)

Case No.

NOTICE OF MOTION

TO:

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

MOTION

, Defendant(s), being duly sworn, move(s) the Court as follows:

1. Since , Defendant(s) has/have been:

a. □ A residential tenant at the address of ("the premises") under □ written □ oral rental agreement with , providing for rental of $ per month; or

b. □ A mortgagor, contract for deed vendee, or other authorized occupant at the address of __________________________________________ (“the premises”), with the following relationship to Plaintiff and the premises:

2. Plaintiff is the of the premises. Plaintiff's address is .

3. Plaintiff filed this eviction action alleging the following:

a. □ Defendant(s) failed to pay rent due and owing for the premises. Minn. Stat. § 504B.291.

b. □ Defendant(s) committed a material violation of the conditions or covenants in the lease. Minn. Stat. § 504B.285, subd. 5.

c. □ Defendant(s) is/are holding over after termination of the time for which the premises was leased or after termination of the tenancy by proper notice to vacate. Minn. Stat. § 504B.285, subd. 1(2), (3).

d. □ Defendant(s) is/are holding over after expiration of the time for redemption on foreclosure of a mortgage for the premises or after proper termination/cancellation of a contract to convey the premises. Minn. Stat. § 504B.285, subd. 1(1).

e. □ Defendant(s) unlawfully detains possession of the premises. Minn. Stat. § 504B.301.

f. □ Other: ________________________________________________

______________________________________________________

_____________________________________________________.

4. After Plaintiff filed this eviction action, Defendant(s) did the following:

a. □ Defendant(s) failed to appear.

b. □ Defendant(s) appeared and denied Plaintiff's allegations in an oral or written Answer, or otherwise.

c. □ Defendant(s) appeared and settled the dispute with Plaintiff. The parties reached the following Settlement Agreement:

_____________________________________________________

d. □ Defendant(s) appeared and admitted Plaintiff's allegations, or the Court found in Plaintiff's favor after a hearing/trial.

e. □ Other: ________________________________________________

______________________________________________________

5. On , a hearing/trial was held before the Honorable . At the hearing or trial, by order dated _______________________, the court did the following:

a. □ Found that Defendant(s) was in default for failing to appear.

b. □ Allowed Defendant(s) to redeem the tenancy by paying rent in arrears and/or costs of the action in the amount of $ .

c. □ Ordered Defendant(s) to vacate the premises immediately.

d. □ Ordered Defendant(s) to vacate the premises by .

e. □ Scheduled another hearing/trial for _________________________.

f. □ Ordered Defendant(s) to pay rent or other moneys into Court in the amount of $ _____________ in cash or certified funds payable to the Court Administrator, on or before _________ a.m./p.m., on ________________.

g. □ Approved the parties' Settlement Agreement.

h. □ Other: ________________________________________________

_____________________________________________________.

6. The Court authorized the issuance of a Writ of Recovery of the premises on the following time line or under the following conditions, set out in an Order dated _____________:

a. □ Immediately, following default by Defendant(s).

b. □ On __________________________, a date and time determined following default or appearance by Defendant(s) and a record made before the Court.

c. □ Upon failure by Defendant(s) to redeem the tenancy by payment of the amount of $ ___________ on or before __________________.

d. □ Upon failure by Defendant(s) to pay rent or other moneys into Court, as described in Paragraph 5.f above.

e. □ Upon failure by Defendant(s) to make payments required by a Court-approved Settlement Agreement.

f. □ Upon failure by Defendant(s) to vacate by ___________________, as agreed by the parties in a Court-approved Settlement Agreement.

g. □ Other: ________________________________________________

_____________________________________________________.

7. □ Defendant(s) failed to deposit with the Court rent or other moneys by the Court's deadline, as described in Paragraph 5.f above. Defendant(s) presently □ has or □ can obtain does not have the funds the Court ordered Defendant(s) to deposit with the Court.

8. □ Defendant(s) took the following action to comply with the Court's Order and/or the parties Settlement Agreement: ____________________________________________

_____________________________________________________________________________

_____________________________________________________________________________.

9. On , the Clerk of Court issued the Writ of Recovery and entered judgement for Plaintiff based on the following:

a. □ The Court's Order and/or the parties' Settlement Agreement, dated

_______________________, described in Paragraph 6.____ above;

b. □ Plaintiff's Affidavit of Default, which states the following as a basis for the issuance of an immediate Writ of Recovery: ________________________

____________________________________________________________

______________________________________________________ and/or

c. □ Other: ______________________________________________________

____________________________________________________________

__________________________________________________________.

10. Defendant(s) was/were informed of the issuance of the Writ on _______________ when _________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________.

Grounds for Relief

11. Defendant(s) has/have grounds for relief from judgment under Minn. R. Civ. P. 60.02 as described below.

12. □ The judgment is void and must be vacated. The Court lacks personal jurisdiction over Defendant(s) because Plaintiff did not strictly comply with the statutory requirements for serving Defendant(s) with the Summons and Complaint in this eviction action, in that ________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________.

13. Defendant(s) is/are entitled to relief under the standard of Finden v. Klaas, 268 Minn. 268, 128 N.W.2d 748 (1964).

a. Defendant(s) has/have a reasonable defense(s) on the merits, or has complied with the Court's Order and/or the parties' Settlement Agreement, in that ____________

______________________________________________________________________________

_____________________________________________________________________________.

b. Defendant(s) has/have a reasonable excuse(s) for not appearing before the Court, or for not complying with the Court's Order and/or the parties' Settlement Agreement, in that __________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________.

c. Defendant(s) exercised due diligence after notice of entry of judgment, in that __________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________.

d. Plaintiff will not be substantially prejudiced (unfairly affected or disadvantaged) by the granting of this Motion because _________________________________________

______________________________________________________________________________

_____________________________________________________________________________.

14. Defendant(s) has/have taken the following action to notify Plaintiff of Defendant's intent to bring this motion: ________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________.

Defendant Requests an Order as Follows:

1. Determining that Defendant(s) is/are entitled to relief from the judgment on the following grounds:

a. □ Mistake, inadvertence, surprise, or excusable neglect. Minn. R. Civ. P. 60.02(a).

b. □ Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial. MINN. R. CIV. P. 60.02(b).

c. □ Fraud, misrepresentation or other misconduct by Plaintiff or Plaintiff's agents. Minn. R. Civ. P. 60.02(c).

d. □ The judgment is void. Minn. R. Civ. P. 60.02(d).

e. □ The judgment has been satisfied, released, or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application. MINN. R. CIV. P. 60.02(e).

f. □ Relief is justified under the circumstances because _____________

______________________________________________________

_______________________________. Minn. R. Civ. P. 60.02(6).

2. Granting Defendant(s) relief from the judgment as follows:

a. □ Vacating the judgment and the order granting judgment.

b. □ Re-opening the record in this matter for a hearing on the merits.

c. □ Other: ________________________________________________

_____________________________________________________.

3. Directing the County Sheriff's Department not to take any action to enforce the Writ of Recovery, to cease from enforcing the Writ of Recovery if it already has begun to enforce the Writ of Recovery, and to take all measures necessary to immediately restore possession of the premises to Defendant(s).

4. Directing Plaintiff to immediately restore possession of the premises to Defendant, and to cease efforts to enforce the Writ of Recovery.

5. Scheduling a hearing on the issues raised in this Motion.

6. □ Ordering no bond as a condition of hearing this Motion, since Defendant(s) alleges facts to support a claim that the judgment is void under MINN. R. CIV. P. 60.02(d). See Village of Zambrota v. Johnson, 280 Minn. 390, 161 N.W.2d 626 (1968); Pugsley v. Magerfleisch, 161 Minn. 246, 201 N.W. 323 (1924).

7. Other: ____________________________________________________________

_____________________________________________________________________________.

8. Awarding Defendant(s) costs, disbursements, and/or reasonable attorney's fees pursuant to the following:

a. □ Minn. Stat. §§ 549.02, 549.04.

b. □ The parties' lease. Minn. Stat. § 504B.172.

c. □ Other: _______________________________________________.

9. Granting Defendant(s) such other and further relief as may be just and equitable under the facts and circumstances outlined above.

10. 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.

11. 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: __________________________