STATE OF MINNESOTA

COUNTY OF _______________________	DISTRICT COURT

_______________ JUDICIAL DISTRICT

____________ DIVISION: ____________

CASE TYPE: UNLAWFUL DETAINER (EVICTION)

_________________________________

_________________________________,

Plaintiff (Landlord),

v.

_________________________________

_________________________________,

Defendant (Tenant).

ANSWER AND MOTION FOR DISMISSAL OR SUMMARY JUDGMENT

Housing Law Minnesota Form No. A-1

Private Tenancy

September 2024

Case No. _________________________

For my answer to Plaintiff's complaint, I state the following defenses and the reasons why I should not be evicted and ask that the case be dismissed.

A0.	THRESHOLD CARES ACT DEFENSE

1.	□	Notice under the Coronavirus Aid, Relief, and Economic Security (CARES) Act § 4024.

a.	□	The property is a covered property (public and subsidized housing and federally backed mortgages). The landlord may not evict a tenant except on a 30-day notice. This provision is not limited to nonpayment of rent and has no expiration date.

b.	□	The landlord did not comply with the notice requirement.

c.	□	See §F, Holding over Cases, infra.

A.	GENERAL ANSWER

1.	□	I admit the facts in these paragraphs of the complaint: _____________________

2.	□	I deny the facts in these paragraphs of the complaint: ______________________

3.	□	I cannot admit or deny these paragraphs of the complaint: __________________

B.	TYPE OF TENANCY OR OCCUPANCY

1.	□	Private term lease.

2.	□	Private month-to-month or periodic tenancy.

3.	□	Foreclosed mortgage or canceled contract for deed.

C.	SERVICE

1.	□	Minn. Stat. § 504B.331 (formerly § 566.06) requires strict compliance in service, not merely substantial compliance. Color-Ad Packaging, Inc. v. Kapak Industries, Inc., 285 Minn. 525, 526 n.1, 172 N.W.2d 568, 569 n.1 (1969), overruled on other grounds by In re Lake Valley Twp. Bd., Traverse Cnty. v. Lewis, 305 Minn. 488, 234 N.W.2d 815 (1975); Bloom v. American Express Co., 222 Minn. 249, 253, 23 N.W.2d 570 (1946); Koski v. Johnson, 837 N.W.2d 739 (Minn. Ct. App. 2013); Nieszner v. St. Paul Sch. Dist. No. 625, 643 N.W.2d 645, 649–50 (Minn. Ct. App. 2002).

2.	□	The summons and complaint (court papers) were not delivered or mailed at least seven days before the court hearing. Minn. Stat. § 504B.331 (formerly § 566.06).

3.	□	The court papers were delivered on a legal holiday. Minn. Stat. § 645.44, Subd. 5.

4.	□	The person who delivered the court papers is the named-Plaintiff, or is another person who is not wholly disinterested in the case. Minn. R. Civ. P. 4.02; Lewis v. Contracting Northwest, Inc., 413 N.W.2d 154, 155 (Minn. Ct. App. 1987).

5.	□	Plaintiff improperly used substituted service to give the court papers to another person and not me. Minn. Stat. § 504B.331 (formerly § 566.06); Koski v. Johnson, 837 N.W.2d 739 (Minn. Ct. App. 2013) (strict compliance required).

a.	□	Plaintiff could have found me in the county.

b.	□	The person does not reside with me. Jaeger v. Palladium Holdings, LLC, 884 N.W.2d 601 (Minn. 2016).

c.	□	The person is not of suitable age and discretion.

d.	□	The person was not at my residence when the court papers were delivered.

6.	□	Plaintiff improperly used service by mail and posting. Minn. Stat. § 504B.331 (formerly § 566.06); Koski v. Johnson, 837 N.W.2d 739 (Minn. Ct. App. 2013) (strict compliance required).

a.	□	Plaintiff could have found me in the county.

b.	□	Plaintiff did not try personal service twice on different

days, once between 6:00 p.m. and 10:00 p.m.

c.	□	Plaintiff mailed the court papers before attempting personal service twice on different days.

d.	□	The court papers were mailed but not posted or posted but not mailed.

e.	□	Plaintiff posted the court papers before mailing the court papers or filing the affidavit of mailing.

f.	□	Plaintiff or Plaintiff's attorney failed to do one of the following:

i.	□	sign the affidavit of mailing;

ii.	□	sign the affidavit of Plaintiff stating I could not be found or was not in the state; or

iii.	□	sign and file an affidavit indicating that "plaintiff or plain
tiff's attorney has communicated to the defendant that an eviction hearing has been scheduled, including the date, time, and place of the hearing specified in the summons, by at least one form of written communication the plaintiff regularly uses to communicate with the defendant that have a date and time stamp."

7.	□	Hennepin and Ramsey Housing Courts: Plaintiff failed to file affidavits of service by 3:00 p.m., three days before the hearing, excluding intervening Saturdays, Sundays or legal holidays. Minn. Gen. R. Prac. 605.

8.	□	Plaintiff filed an expedited case. The court papers were not served within 24 hours after the summons was issued. Minn. Stat. § 504B.321, Subd. 2 (formerly § 566.05).

9.	□	Other: ___________________________________________________________.

D.	PRECONDITIONS FOR RECOVERY OF THE PREMISES

1.	□	Plaintiff is not the person entitled to possession of the building or an authorized management agent.

a.	□	Minn. Stat. § 481.02, subd. 3(13).

b.	□	Hennepin and Ramsey Housing Courts: Minn. Gen. R. Prac. 603.

2.	□	The person appearing on behalf of Plaintiff does not have a proper Power of Authority.

a.	□	The person may not engage in the unauthorized practice of law. In re the Conservatorship of Riebel, 625 N.W.2d 480, 483 (Minn. 2001).

b.	□	Hennepin and Ramsey Housing Courts: Minn. Gen. R. Prac. 603.

i.	□	The person suing on behalf of Plaintiff did not file a Power of Authority.

ii.	□	The Power of Authority was not properly executed:

_______________________________________________.

iii.	□	Plaintiff filed a Power of Attorney not specific to this case, not a Rule 603 Power of Authority.

3.	□	Outside of Hennepin and Ramsey Housing Courts: Plaintiff, the landlord, the lessor, or the management company is a corporation or a similar entity and must be represented by an attorney to file a case or to appear otherwise in any Minne
sota court. Nicollet Restorations, Inc. v. Turnham, 486 N.W.2d 753 (Minn. 1992); 301 Clifton Place, L.L.C. v. 301 Clifton Place Condominium Ass'n, 783 N.W. 2d 551, 560-61 (Minn. Ct. App. 2010). See Community Cares v. Faulkner, 949 N.W.2d 296 (Minn. 2020) (Minn. Gen. R. Prac. 603 allows a person not an attorn
ey agent to appear in Hennepin and Ramsey Housing Count on behalf of a business-entity landlord.

4.	□	Plaintiff or Plaintiff's agent is engaging in unauthorized practice of law by charging a separate fee for representing the owner in this case. Minn. Stat. § 481.02, subd. 3(12-13).

5.	□	Principal and Address Disclosure. Minn. Stat. § 504B.181 (formerly 504.22). Where a statute recites preconditions for commencement of an action, facts establishing compliance must be pleaded. Biron v. Bd. of Water Comm'rs, 43 N.W. 482 (Minn. 1889).

a.	□	I did not know the names of the manager of the building and person authorized to accept service of process and addresses at which they could be served 30 days before filing this case.

b.	□	I did not know the identity of the principal of the property. Trilogy Properties of MN LLC v. Gilmer, No. 27-CV-HC-11-7635 (Minn. Dist. Ct. 4th Dist. Dec. 16, 2011).

6.	□	Plaintiff, the landlord, the lessor, or the management company is a business which did not comply with the Secretary of State trade name registration statutes, entitling me to $250.00 in costs or by set off. Minn. Stat. §§ 333.001-333.06.

7.	□	Contents of the complaint. Minn. Stat. § 504B.321 (formerly 566.05).

a.	□	Plaintiff failed to state the facts which authorize recovery of the premises. Minn. Stat. § 504B.321 (formerly 566.05). Compare Minn. R. Civ. P. 8.01. Where a statute recites preconditions for commencement of an action, facts establishing compliance must be pleaded. Biron v. Bd. of Water Comm'rs, 43 N.W. 482 (Minn. 1889). In Hennepin and Ramsey Housing Courts, see Minn. Gen. R. Prac. 604(a).

b.	□	Plaintiff failed to attach the current written lease, if any, or most recent written lease in existence, and any relevant lease addenda.

c.	□	Plaintiff alleged nonpayment of rent but

i.	□	failed to attach a detailed, itemized accounting or statement listing the amounts

ii.	□	failed to attach to the complaint a pre-filing notice that complies with Minn. Stat. § 504B.321, subd. 1a. See §E.0a, Nonpayment of Rent Cases, infra.

d.	□	Plaintiff alleged a breach of lease but failed to identify:

i.	□	the clause of the lease which is the basis of the allegation,

ii.	□	the nature of the conduct constituting the alleged breach of lease,

iii.	□	the dates on which the alleged conduct took place, and

iv.	□	the clause granting the right to evict based on the alleged conduct.

e.	□	Plaintiff alleged a violation of Minn. Stat. § 504B.171 but failed to specify:

i.	□	the nature of the conduct constituting the alleged violation and

ii.	□	the dates on which the alleged conduct took place.

f.	□	Plaintiff alleged holding over after notice in violation of Minn. Stat. § 504B.285, subdivision 1 but failed to attach a copy of any notice to vacate or notice to quit. In Hennepin and Ramsey Hous
ing Courts, see Minn. Gen. R. Prac. 604(c).

g.	□	Plaintiff failed to state in the complaint whether the tenancy is affected by a federal or state housing subsidy program through project-based federal assistance payments; the Section 8 program, as defined in Minn. Stat. § 469.002, subdivision 24; the low-in
come housing tax credit program; or any other similar program, and include the name of the agency that administers the housing subsidy program.

h.	□	The court must dismiss and expunge this eviction action for any violation of Minn. Stat. § 504B.321, subd. 5.

8.	□	Plaintiff is a landlord of a residential building with 12 or more residential units but failed to provide a written lease. Minn. Stat. § 504B.111.

9.	□	I am a military service member or an active National Guard member covered by the Servicemembers Civil Relief Act., 50 U.S.C. § 3951.

10.	□	The lease ¶ _____ requires Plaintiff to give notice before filing this action.

a.	□	Plaintiff failed to give the required notice, so Plaintiff's cause of action has not accrued. Park Nicollet Clinic v. Hamann, 808 N.W.
2d 828 (Minn. 2011) ("A cause of action accrues when all of the elements of the action have occurred . . . ."). See Osuji v. Coleman, No. HC-01991118524 (Minn. Dist. Ct. 4th Dist. Nov. 30, 1999).

b.	□	See Holding Over Defenses, § F, infra.

11.	□	This action is moot because I vacated possession of the premises on ___________________. An eviction action resolves the present possessory interests of the parties. Minn. Stat. § 504B.001, subd. 4; Lilyerd v. Carlson, 499 N.W.2d 803, 812 (Minn. 1993); see also Isaacs v. Am. Iron & Steel Co., 690 N.W.2d 373, 376 (Minn. Ct. App. 2004), rev. den. (Minn. Apr. 4, 2005).

12.	□	Other: __________________________________________________________.

E.	NONPAYMENT OF RENT CASES

0.	□	Coronavirus Aid, Relief, and Economic Security (CARES) Act § 4024 Notice: See §A0, Threshold Pandemic Defense, supra.

0a.	□	Plaintiff did not comply with the statewide pre-filing notice requirements of Minn. Stat. § 504B.321, subd. 1a.

a.	□	Plaintiff did not provide a 14 day pre-filing notice.

b.	□	Plaintiff's notice was not in writing.

c.	□	Plaintiff's notice did not include the total amount due.

d.	□	Plaintiff's notice did not include a specific accounting of the a
mount of the total due from unpaid rent, late fees, and other char
ges under the lease.

e.	□	Plaintiff's notice did not include the name and address of the person authorized to receive rent and fees on behalf of the landlord.

f.	□	Plaintiff's notice did not include the statement: "You have the right to seek legal help. If you can't afford a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your local Legal Aid office."

g.	□	Plaintiff's notice did not include the following statement: "To apply for financial help, contact your local county or Tribal social ser
vices office, apply online at MNBenefits.mn.gov or call the United Way toll-free information line by dialing 2-1-1 or 800-543-7709."

h.	□	Plaintiff's notice did not include the following statement: "Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer than 14 days."

i.	□	Plaintiff did not deliver the notice personally or by first class mail to the residential tenant at the address of the leased premises.

1.	□	Local Ordinances.

a.	□	I live in Minneapolis and Plaintiff did not comply with the notice requirement of Minneapolis Code of Ordinances 244.2060.

i.	□	Plaintiff did not provide me with a 14-day prefiling notice.

ii.	□	Plaintiff's prefiling notice was not in writing.

iii.	□	Plaintiff did not deliver the notice personally or by first-cla
ss mail to the address of the premises.

iv.	□	Plaintiff's prefiling notice did not include the total amount due.

v.	□	Plaintiff's prefiling notice did not include a specific ac
counting of the amount of the total due that is comprised of unpaid rents, late fees, or other charges under the lease.

vi.	□	Plaintiff's prefiling notice did not include the name and address of the person authorized to receive rent and fees on behalf of the landlord.

vii.	□	Plaintiff's prefiling notice did not provide a description of how to access legal and financial assistance.

viii.	□	Plaintiff's prefiling notice did not state that the landlord may bring an eviction action following expiration of the 14-day notice period if I failed to pay the total amount due or failed to vacate.

b.	□	I live in St. Louis Park and Plaintiff did not comply with the notice requirement of St. Louis Park City Code Sec. 8-337.

i.	□	Plaintiff did not provide me with a 7-day prefiling notice.

ii.	□	Plaintiff's prefiling notice was not in writing.

iii.	□	The Owner or an agent of the Owner did not deliver the notice personally, by first-class mail to the address of the leased premises, or by email to the residential tenant at the residential tenant's email address on file.

iv.	□	Plaintiff's prefiling notice did not include the total amount due.

v.	□	Plaintiff's prefiling notice did not include a specific ac
counting of the amount of the total due that is comprised of unpaid rents, late fees, or other charges under the lease.

vi.	□	Plaintiff's prefiling notice did not include the name and address of the person authorized to receive rent and fees on behalf of the landlord.

vii.	□	Plaintiff's prefiling notice did not provide a disclaimer that a low-income tenant may be eligible for financial assis
tance.

viii.	□	Plaintiff's prefiling notice did not provide a description of how to access legal and financial assistance.

ix.	□	Plaintiff's prefiling notice did not state that the landlord may bring an eviction action following expiration of the 7-day notice period if I failed to pay the total amount due or failed to vacate.

c.	□	I live in Brooklyn Center in an affordable housing unit and Plaintiff failed to give proper written notice before filing this eviction action. Brooklyn Center Ordinances 12-912D(4) as amended and effective April 4, 2022. See §F.2a, Holding over Cases, infra.

d.	□	For other defenses to notices, see §F, Holding over Cases, infra.

e.	□	I live in Saint Paul and Plaintiff increased the monthly rent by more than 3% in the last year and landlord did not get an exception from the city to allow this. St. Paul Ordinance 193A.01-.193A.09.

2.	□	Plaintiff alleges nonpayment of rent and material lease violations. I do not have to pay rent into court. The court must consider the lease violations claim before considering the nonpayment of rent claim. Minn. Stat. § 504B.285, subd. 5.

3.	□	I don't owe all of the rent alleged.

4.	□	Health, Safety, Habitability and Privacy.

a.	□	Plaintiff has violated the covenants of habitability, health, and safety. I ask the Court to reduce past rent and reduce future rent until repairs are completed. Minn. Stat. § 504B.161; Fritz v. Warthen, 213 N.W.2d 339, 341-42 (1973). The parties to a lease or license of residential premises may not waive or modify the cove
nants imposed by this section. Tenants are not required to give written notice of habitability violations to assert a habitability defense to an eviction action for nonpayment. Ellis v. Doe, 915 N.W.2d 24 (Minn. Ct. App. 2018).

i.	□	Plaintiff failed to maintain premises and all common areas fit for the use intended by the parties.

ii.	□	Plaintiff failed to keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee.

iii.	□	Plaintiff failed to make the premises reasonably energy efficient by installing weatherstripping, caulking, storm windows, and storm doors when any such measure will result in energy procurement cost savings, based on current and projected average residential energy costs in Minne
sota, that will exceed the cost of implementing that mea
sure, including interest, amortized over the ten-year period following the incurring of the cost.

iv.	□	Plaintiff failed to maintain the premises in compliance with the applicable health and safety laws of the state, and of the local units of government where the premises are located during the term of the lease or license, except when viola
tion of the health and safety laws has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee.

v.	□	Plaintiff failed to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from October 1 to
April 30, unless a utility company requires and instructs the heat to be reduced.

vi.	□	Plaintiff's health and safety violations include, but are not limited to, the following issues: ________________________________________________
________________________________________________
________________________________________________
________________________________________________
_______________________.

b.	□	My apartment is infested with bedbugs. I request □ past and future rent abatement and/or □ termination of the tenancy. Delamater v. Foreman, 239 N.W. 148 (1931) (bedbugs coming in great numbers into apartment from sources under landlord's control may consti
tute constructive eviction).

c.	□	Plaintiff made me agree to perform specified repairs or mainte
nance, but the agreement is not supported by adequate consider
ation and set forth in a conspicuous writing.

d.	□	Privacy: A violation of privacy under Minn. Stat. § 504B.211 is a violation of Minn. Stat. § 504B.161. Plaintiff, including its agent or other person acting under the landlord's direction and control, entered the premises rented by me tenant.

i.	□	Plaintiff failed to have only for a reasonable business pur
pose.

ii.	□	Plaintiff failed to make a good faith effort to give reason
able notice under the circumstances of not less than 24 hours in advance of the intent to enter.

iii.	□	Plaintiff failed to specify a time or anticipated window of time of entry between the hours of 8:00 a.m. and 8:00 p.m.

iv.	□	Plaintiff entered when I was not present and prior notice had not been given, and Plaintiff failed to disclose the entry by placing a written disclosure of the entry in a conspicuous place in the premises.

5.	□	Rental Licensing.

a.	□	The code of the city where the premises are located requires land
lords to have a rental license. My landlord does/did not have a license and cannot collect rent for the period when the rental was illegal. Leuthold v. Stickney, 133 N.W. 856 (Minn. 1911); Buckley v. Humason, 52 N.W. 385 (Minn. 1892); Handy v. St. Paul Globe Pub. Co., 42 N.W. 872 (Minn. 1889); Wajda v. Schmeichel, 2018 WL 6165295 (Minn. Ct. App. Nov. 26, 2018) (unpublished). See Minneapolis Code Ord. § 244.1810.

b.	□	By unlawfully leasing the premises without a rental license as required by the city code where the premises are located, Plaintiff is in violation of the statutory covenants of habitability. The rental license requirement is a health and safety provision. Fritz v. Warthen, 213 N.W.2d 339, 341-42 (1973); Mac-Du Properties v. LaBresh, 392 N.W.2d 315 (Minn. Ct. App. 1986); Beaumia v. Eisenbraun, 2007 WL 2472298 (Minn. Ct. App. Sept. 4, 2007) (Unpublished).

6.	□	Utilities.

a.	□	I notified Plaintiff and paid $ ___________ for utility or essential services after the utility company terminated the service or threat
ened to terminate the service, due to Plaintiff's failure to pay. This payment must be deducted from rent. Minn. Stat. § 504B.215.

b.	□	My lease states that I am supposed to pay $___________ for utility service, but I have a shared meter which does not accurately reflect my utility use and Plaintiff did not comply with Minn. Stat. § 504B.215 (formerly § 504.185). I request that the court:

i.	□	Reduce my past rent, beginning in _______________, and reduce future rent until Plaintiff follows the law. Minn. Stat. § 504B.215 (formerly § 504.185), § 504B.161 (for
merly § 504.18); Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973);

ii.	□	Award me treble damages or $500, whichever is greater, and reasonable attorney's fees. Minn. Stat. § 504B.215 (formerly § 504.185), § 504B.221 (formerly § 504.26).

7.	□	Plaintiff is charging improper late fees or other fees.

a.	□	For leases beginning or renewed before January 1, 2011 and under the common law:

i.	□	The lease does not provide for the fees. Cook v. Finch, 19 Minn. 407, _____, 19 Minn. (Gil.) 350, 358 (1873).

ii.	□	The fees are penalties which bear no relationship to Plain
tiff's expenses. See Gorco Const. Co. v. Stein, 256 Minn. 476, 481-82, 99 N.W.2d 69, 74 (1959); or are usurious. Minn. Stat. §§ 334.01-334.03.

b.	□	For leases beginning or renewed on or after January 1, 2011, under Minn. Stat. § 504B.177:

i.	□	We did not agree to the late fee in writing.

ii.	□	The late fee is more than 8% of the overdue rent payment. Housing and Redevelopment Authority of Duluth v. Lee, 852 N.W.2d 683 (Minn. 2014).

c.	□	For all late fees:

i.	□	Plaintiff waived the requirement of prompt rent payment by accepting late payments without objection. See Cobb v. Midwest Recovery Bureau Co., 295 N.W. 2d 232, 237 (Minn. 1980) (repossession).

ii.	□	No late fee is due because I had a proper reason to withhold my rent.

8.	□	Plaintiff waived the rent claim or is estopped from claiming it by:

a.	□	Accepting a partial payment of rent before or after filing this case. We did not agree in writing that the payment would not waive this case. Minn. Stat. § 504B.291 (formerly § 504.02).

b.	□	Accepting rent for later months. Id.

9.	□	Plaintiff has waived the right to enforce a term or condition of the lease, or is estopped from demanding the rent alleged to be due in this eviction because I reasonably relied on Plaintiff's conduct, to my detriment. Pollard v. Southdale Gardens of Edina Condo. Ass'n., 698 N.W.2d 449 (Minn. Ct. App. 2005); Hydra-Mac, Inc. v. Onan Corp., 450 N.W.2d 913, 919 (Minn. 1990).

10.	□	Plaintiff did not give me receipts for rent paid in cash. Minn. Stat. § 504B.118. The court should abate my rent as a penalty for violating the statute and dismiss this action.

11.	□	I paid my rent by money orders. I have a copy of one or more money orders, or original receipt stubs evidencing the purchase of a money order, which total the rent amount, are dated on or around the date rent was due, and are made payable to the landlord. There is a rebuttable presumption that I paid the rent. Minn. Stat. § 504B.291, subd. 1.

12.	□	Plaintiff alleged nonpayment of rent and failed to disclose nonoptional fees. Invalidate the fees and award Defendant treble damages and reasonable attorney fees. Minn. Stat. § 504B.120.

13.	□	I am a tenant of the person whose mortgage was foreclosed.

a.	□	The foreclosure began before I rented the property, but my landlord did not notify me in writing that the property is in foreclosure before accepting rent or a deposit. Minn. Stat. § 504B.151. The court should abate my rent because the lease is illegal and void. Hwang v. _____, No. 19WS-CV-09-1876 (Minn. Dist. Ct. 1st Dist. Jan. 26, 2010) (action dismissed and expungement granted where landlord failed to disclose mortgage foreclosure to a prospective tenant). See Minneapolis Code of Ord. Title 12, § 244.265; St. Paul Code of Ord. §§ 53.01-53.04.

b.	□	I am a tenant in the last month of the foreclosure redemption period and may withhold rent and have the deposit cover it. Minn. Stat. § 504B.178, subd. 8.

14.	□	I or a household member is a vulnerable adult victim of financial exploitation by Plaintiff, the landlord, the lessor, or the management company, and am entitled to recover damages equal to three times the amount of compensatory damages or $10,000, whichever is greater. Minn. Stat. §§ 626.557, Subd. 20, 626.5572, Subd. 9.

15.	□	Victim of Violence.

a.	□	I or another tenant or authorized occupant in my household has been a victim of domestic abuse, criminal sexual conduct, or stalking. Minn. Stat. § 504B.206. I ended my lease as required by Minn. Stat. § 504B.206 as amended by 2024 Minn. Laws Chapter 118, Senate F. No. 3492, §§ 17-20 (effective June 23, 2024) so I do not have any rent obligation to the Plaintiff after ____________________(date in notice ending tenancy).

b.	□	I terminated my lease under Minn. Stat. § 504B.206 as amended by 2024 Minn. Laws Chapter 118, Senate F. No. 3492, §§ 17-20 (effective June 23, 2024). A "landlord may not commence an eviction action against a tenant who has terminated a lease as provided in" Minn. Stat. § 504B.206. See Minn. Stat. § 504B.206, Subd. 3(e), added by 2024 Minn. Laws Chapter 118, Senate F. No. 3492, § 19 (effective June 23, 2024).

16.	□	I have a common law defense to this eviction that is in retaliation for my com
plaints about material violations by the landlord of state or local law, residential covenants, or the lease. Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (Minn. 2019).

17.	□	Other: ___________________________________________________________.

F.	HOLDING OVER CASES

0.	□	Coronavirus Aid, Relief, and Economic Security (CARES) Act § 4024 Notice: See §A0, Threshold Pandemic Defense, supra.

1.	□	Hennepin and Ramsey Housing Courts: Plaintiff alleges holding over after notice. Plaintiff did not attach a copy of the termination notice to the complaint. See D.7, Preconditions for Recovery of the Premises, supra.

2.	□	Plaintiff did not give me proper notice to end my lease. A notice to vacate must strictly comply with Minn. Stat. § 504B.135. Markoe v. Naiditch & Sons, 226 N.W.2d 289, 290 (Minn. 1975); Eastman v. Vetter, 58 N.W. 989 (Minn. 1894); Grace v. Michaud, 52 N.W. 390 (Minn. 1892); Annex Properties v. TNS Research Int'l, 712 F.3d 381 (8th Cir. 2013).

a.	□	I am a month-to-month tenant, entitled to a one-month notice received before rent is due. Minn. Stat. § 504B.135 (formerly § 504.06). Oesterreicher v. Robertson, 245 N.W. 825 (Minn. 1932).

b.	□	The lease requires __________ days' notice.

c.	□	Plaintiff did not give a notice which terminates the tenancy at the end of a rental period. The alleged notice is invalid. Eastman v. Vetter, 58 N.W. 989 (Minn. 1894); Grace v. Michaud, 52 N.W. 390 (Minn. 1892); Annex Properties v. TNS Research Int'l, 712 F.3d 381 (8th Cir. 2013). The alleged notice does not become effective on a later date simply by the passage of time. A valid notice must be given. Id.

d.	□	I am a tenant at will and the tenancy has no fixed rental period. Minn. Stat. § 504B.001, subd. 13. Plaintiff must provide a three-
month notice to terminate the tenancy. Minn. Stat. § 504B.135.

e.	□	Plaintiff cannot give me a notice to vacate for a time period that is shorter than the time period that the lease provides for the tenant to give notice of an intent to quit the premises. Minn. Stat. § 504B.147, subd. 3.

2a.	□	I live in Brooklyn Center in an affordable housing unit that rents for an amount that is affordable to households at or below 80% of area median income as determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minne
sota-Wisconsin Metropolitan Statistical Area. Brooklyn Center Ordinance 12-201(3) at 5.

a.	□	Plaintiff did not have good cause to terminate or not renew the lease. Brooklyn Center Ordinances 12-912D(4)-(5).

b.	□	Plaintiff failed to give proper written notice before filing this eviction action. Brooklyn Center Ordinances 12-912D(4) as amended and effective April 4, 2022.

(1)	□	Nonpayment of rent claims

(a)	□	Plaintiff failed to provide at least 30 days' notice prior to filing an eviction action for nonpayment of rent.

(b)	□	The notice provided was insufficient because it failed to include all of the following:

(i)	□	Name, mailing address, and phone number of person authorized to receive rent and fees on behalf of the owner;

(ii)	□	Total amount of money the tenant owes to owner along with a specific accounting, in
cluding any past due rent, late fees, and other charges;

(iii)	□	The deadline the tenant needs to pay by to avoid an eviction action (this must be 30 days or more from the date the notice is de
livered);

(iv)	□	Notification that the tenant may be evicted if they don't pay the past due rent; and

(v)	□	Information about accessing rental assis
tance at 211 or https://www.211unitedway.
org/ and information about accessing legal help by visiting https://www.lawhelpmn.org;

(c)	□	The owner failed to serve the notice personally or by first-class mail (e-mail or electronic delivery is not sufficient).

(2)	□	Breach of lease claims

(a)	□	Plaintiff failed to provide at least 30 days' notice prior to filing an eviction action for breach of lease.

(b)	□	The notice provided was insufficient because it failed to include all of the following:

(i)	□	Name, mailing address, and phone number of the owner;

(ii)	□	Description of specific conduct that is a vio
lation of lease, including date of violations and the person who committed the violations and identification of the specific clause of the lease that was violated;

(iii)	□	Notification that tenant has the right to cor
rect alleged breach, how it may be corrected, and the deadline to correct the breach (this must be 30 days or more from the date the notice is delivered);

(iv)	□	Information about accessing rental assis
tance at 211 or https://www.211unitedway.
org/ and information about accessing legal help by visiting https://www.lawhelpmn.org;

(v)	□	Notification that the tenant may be evicted if they do not correct the breach by the deadli
ne; and

(vi)	□	A copy of the lease attached to the notice.

(c)	□	The owner failed to serve the notice personally or by first-class mail (e-mail or electronic delivery is not sufficient).

(3)	□	Expedited breach of lease claims

(a)	□	The owner failed to provide at least 3 days' notice prior to the filing of the eviction action.

(b)	□	The notice provided was insufficient because it failed to include all of the following:

(i)	□	Name, mailing address, and phone number of the owner;

(ii)	□	Description of specific conduct that is a vio
lation of lease, including date of violations and the person who committed the violations and identification of the specific clause of the lease that was violated;

(iii)	□	Notification that tenant has the right to cor
rect alleged breach, how it may be corrected, and the deadline to correct the breach;

(iv)	□	Information about accessing rental assis
tance at 211 or https://www.211unitedway.
org/ and information about accessing legal help by visiting https://www.lawhelpmn.org;

(v)	□	Notification that the tenant may be evicted if they do not correct the breach by the deadli
ne; and

(vi)	□	A copy of the lease attached to the notice.

(c)	□	The owner failed to serve the notice personally or by first-class mail (e-mail or electronic delivery is not sufficient).

3.	□	Retaliation.

a.	□	Plaintiff's notice for me to move was retaliatory under Minn. Stat. § 504B.285 (formerly § 566.03), § 504B.441 (formerly § 566.28), and was intended in whole or part as a penalty actions on _____________ to secure or enforce rights under a lease or con
tract, oral or written, under the laws of the state or any of its gov
ernmental subdivisions, or of the United States; or to report to a governmental authority of the plaintiff's violation of a health, safety, housing, or building code or ordinance. Plaintiff lacks a substantial non-retaliatory purpose, arising at or within a short time before service of the notice to quit, wholly unrelated to and unmo
tivated by my protected activity. Parkin v. Fitzgerald, 307 Minn. 423, 240 N.W.2d 828 (1976).

b.	□	I have a common law defense to this eviction that is in retaliation for my complaints about material violations by the landlord of state or local law, residential covenants, or the lease. Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (Minn. 2019).

4.	□	Plaintiff waived the notice to end my lease or is estopped from enforcing it by:

a.	□	Accepting rent after the move out date. Pappas v. Stark, 123 Minn. 81, 83, 142 N.W. 1042, 1047 (1913).

b.	□	Demanding rent in this case. In enacting Minn. Stat. § 504B.285, subd. 5 (formerly § 504.02), the legislature explicitly allowed for combining allegations of nonpayment of rent and material breach of lease. The statute does not provide for combining allegations of holdover and nonpayment of rent. Moreover, Minn. Stat. § 504B.2
91 states that an eviction action for nonpayment of rent "is equiva
lent to a demand for the rent." See Pappas v. Stark, 123 Minn. 81, 83, 142 N.W. 1042, 1047 (1913). The nonpayment eviction statute also provides the tenant with a right to redeem the tenancy, which is inconsistent with a holdover claim. Minn. Stat. § 504B.291 (formerly § 504.02).

5.	□	Plaintiff is discriminating against me as a member of a protected class. Barnes v. Weis Management Co., 347 N.W.2d 519, 522 (Minn. Ct. App. 1984); 42 U.S.C. § 3604; Minn. Stat. § 363A.09.

6.	□	I terminated my lease under Minn. Stat. § 504B.206 as amended by 2024 Minn. Laws Chapter 118, Senate F. No. 3492, §§ 17-20 (effective June 23, 2024). A "landlord may not commence an eviction action against a tenant who has termi
nated a lease as provided in" Minn. Stat. § 504B.206. See Minn. Stat. § 504B.206, Subd. 3(e), added by 2024 Minn. Laws Chapter 118, Senate F. No. 3492, § 19 (effective June 23, 2024).

7.	□	This eviction is based on foreclosure of a mortgage or cancellation of a contract for deed.

a.	□	I have defenses to Plaintiff's claim of title to the property. Real Estate Equity Strategies, LLC v. Jones, 720 N.W.2d 352 (Minn. Ct. App. 2006); Lilyerd v. Carlson, 499 N.W.2d 803, 807, 812 (Minn. Ct. App. 1993); Minn. Stat. § 504B.121.

b.	□	Plaintiff entered into a foreclosure reconveyance in violation of Minn. Stat. § 325N.10-.18, or involving fraudulent, misleading or other deceptive practices. I owned the property, conveyed title to another party to avoid foreclosure, and I have continued to occupy the property. I request a stay of this action without bond for 90 days to allow me to file an action to challenge the foreclosure reconveyance. Minn. Stat. § 325N.18.

c.	□	I am a tenant of the person whose mortgage was foreclosed. Minn. Stat. § 504B.285, subd. 1a.

i.	□	My lease began after the date the mortgage was executed and prior to the expiration of the redemption period. The immediate successor in interest must provide at least 90 days' written notice to vacate, given no sooner than the expiration of the redemption period, and effective no soon
er than 90 days from the expiration of the redemption pe
riod.

ii.	□	I have a bona fide lease that extends more than 90 days beyond the date the redemption period expires. I am not a child, spouse, or parent of the mortgagor, my lease resulted from an arms-length transaction, my rent is not substan
tially less than fair market rent, and there is no new owner who will occupy the property as a primary residence. I can stay until the end of the lease term.

d.	□	I am a tenant of the person whose contract for deed was canceled. Plaintiff did not give me a two-month written notice before filing this action. Minn. Stat. § 504B.285, subd. 1b.

8.	□	Other: ___________________________________________________________.

G.	BREACH OF LEASE CASES

0.	□	Coronavirus Aid, Relief, and Economic Security (CARES) Act § 4024 Notice: See §A0, Threshold Pandemic Defense, supra.

1.	□	Complaint. Plaintiff alleges breaches of the lease.

a.	□	Plaintiff failed to state the facts which authorize recovery of the premises. Minn. Stat. § 504B.321 (formerly 566.05). See D.7, Preconditions for Recovery of the Premises, supra.

b.	□	Plaintiff did not attach a copy of the lease to the complaint. See D.7, Preconditions for Recovery of the Premises, supra.

1a.	□	I live in Brooklyn Center in an affordable housing unit.

a.	□	Plaintiff failed to give proper written notice before filing this eviction action. Brooklyn Center Ordinances 12-912D(4) as amended and effective April 4, 2022. See §F.2a, Holding over Cases, supra.

b.	□	Plaintiff did not have good caused to terminate or not renew the lease. Brooklyn Center Ordinances 12-912D(4)-(5).

c	□	I corrected the breach.

2.	□	I did not commit a material breach or substantial failure to perform under the lease. Cloverdale Foods of Minnesota, Inc., 580 N.W.2d 46, 49 (Minn. Ct. App. 1998); Skogberg v. Huisman, No. C7-02-2059, 2003 WL 22014576 (Minn. Ct. App. Aug. 2003) (unpublished) (a material breach goes to the root or essence of the contract, so substantial and fundamental that it defeats the object of the parties in entering into the contract, and where the injury is irreparable or damages would be inadequate or difficult or impossible to determine).

3.	□	Plaintiff filed an expedited case, and alleges that I am involved with illegal drugs, prostitution related activities, unlawful firearm possession, or nuisance or other illegal behavior that seriously endangers the safety of other residents, their property, or the landlord's property. I did not do this. Minn. Stat. § 504B.321 (formerly § 566.05).

4.	□	Plaintiff did not give me a copy of the lease before filing this case. This case does not involve disturbing the peace, malicious destruction of property, or illegal drugs. Minn. Stat. § 504B.115 (formerly § 504.015).

5.	□	The lease does not contain a right of reentry clause. Bauer v. Knoble, 51 Minn. 358, 359, 53 N.W. 805, 805 (1892).

6.	□	The lease is oral and only provides for payment of rent.

7.	□	Plaintiff waived lease provisions by failing to enforce them or is estopped from enforcing them. Mitchell v. Rende, 225 Minn. 145, 30 N.W.2d 27 (1947).

8.	□	Plaintiff waived the alleged breaches or is estopped from enforcing them by accepting rent with knowledge of the breach. Kenny v. Seu Si Lun, 101 Minn. 253, 256-58, 112 N.W. 220, 221-22 (1907).

9.	□	Plaintiff is discriminating against me as a member of a protected class. 42 U.S.C. § 3604; Minn. Stat. § 363A.09.

10.	□	I have a disability. Plaintiff did not reasonably accommodate my disability. 42 U.S.C. § 3604(f)(3); 24 C.F.R. Part 100; Douglas v. Kriegsfield Corp., 884 A.2d 1109 (D.C. Ct. App. 2005); Minn. Stat. § 363A.10; Schuett v. Anderson, 386 N.W.2d 249, 253 (Minn. Ct. App. 1986).

11.	□	The lease term is illegal, unconscionable, an adhesion contract, or discriminatory.

12.	□	Plaintiff alleges that I unlawfully allowed unlawful activity (illegal drugs, prostitu
tion related activity, or unlawful use or possession of certain firearms) on the property. Minn. Stat. § 504B.171 (formerly § 504.181).

a.	□	Plaintiff failed to state the facts which authorize recovery of the premises. Minn. Stat. § 504B.321 (formerly 566.05). See D.7, Preconditions for Recovery of the Premises, supra.

b.	□	There was no unlawful activity under Minn. Stat. § 504B.171 on the property.

c.	□	I did not unlawful activity under Minn. Stat. § 504B.171 on the property.

d.	□	I did not know or have reason to know that there was unlawful activity under Minn. Stat. § 504B.171 on the property.

e.	□	Medical marijuana use is legal under state law. Minn. Stat. § 152.32.

f.	□	"A landlord cannot prohibit a tenant from legally possessing, and a tenant cannot waive the right to legally possess, any cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, or using any cannabinoid product or hemp-derived consumer product, other than consumption by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product."

g.	□	Controlled substances on the premises or in the common area and curtilage of the premises did not violate of any criminal provision of Minn. Stat. Chapter 152.

h.	□	Plaintiff alleges that I committed a crime. Plaintiff may not termi
nate the tenancy based on the alleged conduct because the conduct occurred off of the premises and curtilage of the premises because:

i.	□	the alleged conduct at issue does not constitute a crime of violence, or

ii.	□	if the alleged victim was not another tenant, the tenant's guest, the landlord, or the landlord's employees, no convic
tion has resulted from the alleged conduct.

13.	□	Plaintiff is penalizing me for calling for police or emergency assistance in re
sponse to domestic abuse or any other conduct. Minn. Stat. § 504B.205 (formerly § 504.215).

14.	□	Victim of Violence.

a.	□	The basis of the eviction is that I or another tenant or authorized occupant in my household has been a victim of domestic abuse, criminal sexual conduct, or stalking. Minn. Stat. §§ 504B.285, Subd. 1 (b); 504B.206, Subd. 1 (a).

b.	□	I terminated my lease under Minn. Stat. § 504B.206 as amended by 2024 Minn. Laws Chapter 118, Senate F. No. 3492, §§ 17-20 (effective June 23, 2024). A "landlord may not commence an eviction action against a tenant who has terminated a lease as provided in" Minn. Stat. § 504B.206. See Minn. Stat. § 504B.206, Subd. 3(e), added by 2024 Minn. Laws Chapter 118, Senate F. No. 3492, § 19 (effective June 23, 2024).

15.	□	Forfeiting my home would be a great injustice, since Plaintiff's rights are ade
quately protected. Naftalin v. John Wood Co., 263 Minn. 135, 147, 116 N.W.2d 91, 100 (1962); Warren v. Driscoll, 186 Minn. 1, 5, 242 N.W.2d 346, 347 (1932).

16.	□	I have a common law defense to this eviction that is in retaliation for my com
plaints about material violations by the landlord of state or local law, residential covenants, or the lease. Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (Minn. 2019).

17.	□	Plaintiff may not require me to declaw or devocalize an animal allowed on the premises. Minn. Stat. § 504B.114.

17.	□	Other: ___________________________________________________________.

H.	REQUEST FOR RELIEF

1.	□	Dismiss Plaintiff's Complaint and enter judgment for me for the reasons set forth in this Answer and award me judgment for possession.

2.	□	Plaintiff improperly filed an expedited case. Dismiss this case and fine Plaintiff $500. Minn. Stat. § 504B.321 (formerly § 566.05).

3.	□	Pre-trial relief.

a.	□	Scheduling: Schedule an evidentiary trial on a date that allows for a fair, thorough, and timely adjudication of the merits of the case, including the complexity of the matter, the need for the parties to obtain discovery, the need for the parties to ensure the presence of witnesses, the opportunity for the defendant to seek legal counsel and raise affirmative defenses. Minn. Stat. § 504B.335(a). See Rice Park Properties v. Robins, Kaplan, Miller and Cieresi, 532 N.W.
2d 556 (1995).

b.	□	Discovery: Order Plaintiff to provide for the following discovery: allow me to review Plaintiff's file on me, give me a list of Plain
tiff's witnesses and the subject of their testimony, and give me a copy of Plaintiff's exhibits. Minn. Stat. § 504B.335(a). See Minn. Gen. R. Prac. 612 (Hennepin and Ramsey Housing Courts).

c.	□	Scope: Allow Plaintiff to rely only on the allegations stated in the Complaint in this eviction proceeding. Minn. Stat. § 504B.321; Minn. Gen. R. Prac. 604(a); Mac-Du Properties v. LaBresh, 392 N.W.2d 315 (Minn. Ct. App. 1986) ("The plaintiff must plead and prove facts which show the defendant is in unlawful possession of property."). See also, Minneapolis Cmty. Dev. Agency v. Smallwoo
d, 379 N.W.2d 554, 555 (Minn. Ct. App. 1985).

d.	□	Combined claims for nonpayment of rent and breach of lease: Determine the breach of lease allegations first, and do not order posting or redemption of any rent before the breach of lease allega
tions have been dismissed. Minn. Stat. § 504B.285, subd. 5.

e.	□	Rent claims: "The court may not require the defendant to pay any amount of money into court, post a bond, make a payment directly to a landlord, or by any other means post security for any purpose prior to final disposition of an action, except if the final disposition of the action may be delayed for more than ten days, the court may order the defendant to provide security in a form and amount that the court approves, based on the totality of the circumstances, provided that the amount of security may not include any amounts allegedly owed prior to the date of filing of the action and may not exceed the amount of the monthly or periodic rent that accrues during the pendency of the action." Minn. Stat. § 504B.335(e).

g.	□	Plaintiff is a business which did not register its trade name with the Secretary of State. Continue the hearing to allow Plaintiff to regis
ter its trade name, award me $250.00 in costs or by setoff, Minn. Stat. §§ 333.001-333.06, and allow me to credit the award against rent.

h.	□	I request a stay of this action without bond for 90 days to allow me to file an action to challenge an illegal foreclosure reconveyance. Minn. Stat. § 325N.18.

i.	□	Under the Servicemembers Civil Relief Act, stay of the action for 90 days, unless equity requires a shorter or longer stay, or adjust the obligations under the lease to preserve the interests of all parties. 50 U.S.C. §§ 3951-3959.

j.	□	Make this court file confidential pending resolution of this case. Minneapolis Star & Tribune Co. v. Schumacher, 392 N.W.2d 197, 197 (Minn. 1986). Confidentiality is appropriate because: ____________________________________________________.

4.	□	Post-trial relief.

a.	□	Grant relief from forfeiting my home as it would be a great injus
tice, since Plaintiff's rights are adequately protected. Naftalin v. John Wood Co., 263 Minn. 135, 147, 116 N.W.2d 91, 100 (1962); Warren v. Driscoll, 186 Minn. 1, 5, 242 N.W.2d 346, 347 (1932).

b.	□	Abate (reduce) the rent claimed by Plaintiff and abate (reduce) the future rent until Plaintiff completes repairs. Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973); Minn. Stat. § 504B.161 (formerly § 504.18).

c.	□	Abate (reduce) the rent claimed by Plaintiff and abate (reduce) the future rent until Plaintiff stops unlawful activity on the property. See Minn. Stat. § 504B.171 (formerly § 504.181).

d.	□	Plaintiff violated the shared meter statute. Abate my rent and award me treble damages or $500, whichever is greater, and reasonable attorney's fees. Minn. Stat. § 504B.215 (formerly § 504.185), § 504B.221 (formerly § 504.26).

e.	□	Plaintiff alleged nonpayment of rent and failed to disclose nonoptional fees. Invalidate the fees and award Defendant treble damages and reasonable attorney fees. Minn. Stat. § 504B.120.

f.	□	Plaintiff violated my privacy. I am entitled to a penalty which may include a rent reduction up to full rescission of the lease, recovery of any damage deposit less any amount retained under section 504B.178, and up to a $500 civil penalty for each violation and reasonable attorney fees. Minn. Stat. § 504B..211.

g.	□	Vulnerable adult financial exploitation compensatory damages or $10,000, whichever is greater. Minn. Stat. §§ 626.557, Subd. 20, 626.5572, Subd. 9.

h.	□	Redemption. If I owe rent:

i.	□	Plaintiff alleged combined claims of nonpayment of rent and holding over after notice. Allow me to pay the rent and keep my home. Minn. Stat. § 504B.291 (formerly § 504.02).

ii.	□	Plaintiff alleged combined claims for nonpayment of rent and material lease violations. If I did not commit a material lease violation but I owe rent, give me 7 days to pay. Minn. Stat. § 504B.285 (formerly § 566.03).

iii.	□	Give me __________ days to pay it. There is no limit on the time or conditions for redemption in statutes or caselaw. See 614 Co. v. D.H. Overmayer, 297 Minn. 395, 398, 211 N.W.2d 891, 893 (1973) (affirmed 30-day extension to pay rent). See Naftalin v. John Wood Co., 263 Minn. 135, 147, 116 N.W.2d 91, 100 (1962) (equitable relief from tenancy forfeiture where landlord's rights are adequately protected); Warren v. Driscoll, 186 Minn. 1, 5, 242 N.W.2d 346, 347 (1932).

iv.	□	I have paid or can pay the rent due at the hearing. If I owe additional costs, give me _________ days to pay them. Minn. Stat. § 504B.291 (formerly § 504.02).

v.	□	"Redemption may be made with a written guarantee from (1) a federal agency, state agency, or local unit of govern
ment, or (2) any other organization that qualifies for tax-ex
empt status under United States Code, title 26, section 501(c)(3), and that administers a government rental assis
tance program, has sufficient funds available, and guaran
tees funds will be provided to the landlord." Minn. Stat. § 504B.291, Subd. 1.

i.	□	Costs and Disbursements.

i.	□	Upon discontinuance or dismissal or when judgment is rendered in my favor on the merits, award me mandatory costs of $200.00. Minn. Stat. § 549.02; HNA Properties v. Moore, 848 N.W.2d 238 (Minn. Ct. App. 2014).

ii.	□	If I prevail, award me $5.50 for the cost of filing a satisfac
tion of the judgment. Id.

iii.	□	If I prevail, award me other costs and disbursements (e.g. court filing, service, subpoena, expert, document, and discovery fees). Minn. Stat. § 549.04: _________________ _______________________________________________.

iv.	□	If I am allowed to proceed in forma pauperis, order Plain
tiff to pay any fees waived, costs deferred, or expenses paid by the court (e.g., my filing fee) based on my in forma pauperis status directly to the court administrator. Minn. Stat. § 563.01, Subd. 10; HNA Properties, supra at ¶12.a.

v.	□	Do not award costs and disbursements to Plaintiff.

j.	□	Attorney fees.

i.	□	Do not award Plaintiff attorney fees beyond $5.00 in a nonpayment of rent case. Minn. Stat. § 504B.291 (formerly § 504.02); Cheyenne Land Co. v. Wilde, 463 N.W.2d 539 (Minn. Ct. App. 1990).

ii.	□	Award me attorney fees, because my lease began on or after August 1, 2011, or was renewed on or after August 1, 2012, it provides for attorney fees to Plaintiff's or the landlord's attorneys, so I am entitled to attorney fees if I prevail or if this action is dismissed. Minn. Stat. § 504B.172.

k.	□	Expunge or seal this court file. Minn. Stat. § 484.014.

i.	□	Discretionary expungement.

(a)	□	Expungement is clearly in the interests of justice and those interests are not outweighed by the pub
lic's interest in knowing about the record.

(b)	□	The court also has common law inherent authority to expunge this file. Minn. Stat. § 504B.345, Subd. 1 (c)(2). See State v. C.A., 304 N.W.2d 353 (Minn. 1981).

ii.	□	Mandatory expungement.

(a)	The case was commenced solely on the grounds of a fore
closed mortgage or cancelled contract for deed 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 fore
closure and:

(i)	□	the time for contract cancellation or foreclo
sure redemption has expired and the defen
dant vacated the property prior to com
mencement of the eviction action; or

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

(b)	□	The defendant prevailed on the merits.

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

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

(e)	□	Upon motion of a defendant, if the case is settled and the defendant fulfills the terms of the settle
ment.

iii.	□	The court may expunge this file at the time judgment is entered or after that time. Minn. Stat. § 504B.345, Subd. 1 (c)(2).

l.	□	If I lose:

i.	□	Give me seven days to move. Minn. Stat. § 504B.345 (for
merly § 566.09). I did not cause a nuisance, or seriously endanger other tenants, their property, or the landlord's property. If I have to move in less than 7 days, it would be a substantial hardship to my family and me.

ii.	□	Alternatively, give me more time to move. See Naftalin v. John Wood Co., 263 Minn. 135, 147, 116 N.W. 2d 91, 100 (1962) (equitable relief from involuntary tenancy forfeiture where landlord's rights are adequately protected); Warren v. Driscoll, 186 Minn. 1, 5, 242 N.W.2d 346, 347 (1932).

5.	□	Other relief: _______________________________________________________ _________________________________________________________________.

I.	CERTIFICATIONS

1.	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, modifica
tion, 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.

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

____________________________________

Date	____________________________________

Tenant/Tenant's Attorney or Agent
County and State Where Document Is Signed

_____________________________________

County

_____________________________________

State	____________________________________

____________________________________

Address

____________________________________

Phone