INSTRUCTIONS FOR

ANSWERS AND MOTIONS FOR DISMISSAL OR SUMMARY JUDGMENT

State law does not require a written answer in an unlawful detainer (eviction) court case. However, a written answer can assist the tenant in deciding what defenses to assert, and can assist the landlord, judge or referee in understanding the tenant's position. The tenant can use the form answer as an answer and motion, or as a check list in drafting an answer and motion. Since landlords have used "check off the box complaints" for years, the courts generally have accepted such forms from tenants as well. The tenant may answer the complaint at the first hearing. Minn. Stat. § 504B.335. As with any document to be submitted, the tenant should have a copy for the court, the opposing party, and for the tenant.

These forms contain the most common defenses, but do not contain every conceivable defense. To look at all of the available defenses, review the Table of Contents to Residential Eviction Defense in Minnesota at posted at http://povertylaw.homestead.com/ResidentialUnlawfulDetainer.html.

The answer forms contain at least one citation for each defense. To learn more about the defense, including standards of proof and reported and unreported decisions ruling on the defenses, review Residential Eviction Defense in Minnesota posted at http://povertylaw.homestead.com/ResidentialUnlawfulDetainer.html. For example, to find cases on waiver of notice, find waiver of notice in the table of contents and then review the section on waiver of notice. Statutes are available at http://www.leg.state.mn.us/leg/statutes.htm.

Most tenants live in private, non-subsidized rental housing. Form A-1 covers this housing, as well as cases involving foreclosed mortgages or canceled contracts for deed. A simpler and more open-ended version, form A-1(a), may work better for tenants representing themselves with advice from counsel.

Defendants who rent mobile/manufactured home park lots from a park should use form A-2. However, persons who rent the mobile/manufactured home from the owner of the home and do not rent a lot space should use form A-1 or A-1(a).

There are a number of public and subsidized housing programs. To determine which form to use, look at the Tenancies Table, form A-0(a).

The filing fee for court actions, including eviction actions, is $322, which includes the $310 filing fee and a $12 law library fee. The fee applies to both plaintiff and defendants, and landlords and tenants, for the first document filed each party in a case. The court charges a separate $100 fee for motions. These and other fees are listed at http://www.mncourts.gov/district/5/?page=83.

If a tenant does not file anything and orally presents an answer or response to the landlord's complaint, the court does not assess a fee to the tenant. Low income persons can request a fee waiver by filing an in forma pauperis application. See http://www.mncourts.gov/default.aspx?page=513&category=56.

Filing Fees and Waivers

In Hennepin County, the move to e-filing at first required more steps for attorneys filing an answer with an in forma pauperis fee waiver: (1) preparation of the answer for signature by the attorney and the tenant if it is a verified answer, (2) presentation of the documents to the Housing Court office on the Third Floor of the Courts Tower of the Hennepin County Government Center for review by the referee, (3) after issuance of the an order granting in forma pauperis status, e-filing the documents along with the order on the Second Floor or back at the attorney's office, and (4) appearing at the arraignment on the Third Floor. All visitors to the Third Floor must go through a security check point that can have a large line. Since this process can be time consuming, counsel should plan to complete e-filing the day before the arraignment.

The Hennepin County Housing Court now accepts both the answer and in forma pauperis affidavit by e-filing. Counsel should be careful to list the affidavit as a confidential document, while the answer is a public document. Given the delays involved with e-filing, counsel should plan to complete e-filing the day before the arraignment.

Recently there have been a number of in forma pauperis orders issued by a referee in Hennepin County that have required tenants to pay part of the filing or sheriff service fees even though they meet the statutory requirements for a fee waiver, such as receipt of means-tested public assistance, representation by a civil legal services program or volunteer attorney program based on indigency, or family income less than 125% of the Federal Poverty Line. Low-income tenants should be as complete as possible about income and expenses, including completing the second page of the affidavit, and even attaching a more detailed list of expenses than listed in the form.

There are links to in forma pauperis forms, including a table of detailed debt and expenses that can be attached to the affidavit, at http://povertylaw.homestead.com/ResidentialUnlawfulDetainer.html.