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

No. A-4-X (Dec. 2023)

HUD Care Programs

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 PANDEMIC 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 §E, Holding over Cases, infra.

A.	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: __________________

4.	□	I receive a housing subsidy through funding from the Dept. of Housing and Urban Development (HUD) to my landlord for my unit. A domestic violence, dating violence, sexual assault or stalking incident(s) is directly related to the allegations in this case so the protections of the Violence Against Women Act fo 2022 (VAWA) apply. 34 U.S.C. § 12491, et seq.; 24 C.F.R. §§ 5.2005.

B.	TYPE OF TENANCY OR OCCUPANCY

1.	□	Housing Opportunities for Persons with AIDS (HOPWA) under 24 C.F.R. Part 574.

2.	□	Continuum of Care Program under 24 C.F.R. Part 578.

3.	□	Shelter Plus Care Housing under 24 C.F.R. Part 582.

4.	□	Supportive Housing Program for the Elderly and Persons with Disabilities under 24 C.F.R. Part 583.

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 did not sign the affidavit of mailing.

g.	□	Plaintiff or Plaintiff's attorney did not sign the affidavit of Plaintiff stating I could not be found or was not in the state.

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

Federal Law

1.	□	Violence Against Woman Act of 2022 (VAWA) (#b Required for All Com
plaints), 34 U.S.C. § 12491, et seq.; 24 C.F.R. §§ 5.2005:

a.	□	Plaintiff failed to state facts that authorize recovery by failing to state any allegations that are not related to or the result of an inci
dent(s) of domestic violence, dating violence or stalking that VAWA prohibits as a basis for eviction.

b.	□	Plaintiff failed to include the VAWA Notice of Occupancy Rights under the Violence Against Women Act (VAWA) and a certifica
tion form (Form HUD 5383) so this matter must be dismissed. Id., 24 C.F.R. §§ 5.2005 (notice and form).

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

3.	□	Other: ____________________________________________________________.

Minnesota Law

4.	□	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.

5.	□	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.

6.	□	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.

7.	□	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).

8.	□	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).

9.	□	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.

10.	□	Plaintiff failed to state the facts which authorize recovery of the premises, by failing to state: _____________________________________________________ __________________________________________________________________
_________________________________________________________________.

a.	□	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).

b.	□	Hennepin and Ramsey Housing Courts: Minn. Gen. R. Prac. 604(a).

11.	□	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.

12.	□	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, § E, infra.

13.	□	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).

14.	□	Other: ___________________________________________________________.

E.	HOLDING OVER CASES

Federal Law

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

1.	□	Proper notice was required before filing this action. 24 C.F.R. §§ 574.310(e)(2)(ii) (HOPWA), 578.91 (Continuum of Care), 582.320(b) (Supportive Housing), 583.300(i) (Shelter Plus Care).

3.	□	Plaintiff did not give me proper notice to end my lease. 24 C.F.R. §§ 574.310(e)(2)(ii) (HOPWA), 578.91 (Continuum of Care), 582.320(b) (Shelter Plus Care), 583.300(i) (Supportive Housing).

a.	□	Plaintiff did not give written notice.

b.	□	The notice did not state containing a clear statement of the reasons for termination.

c.	□	The notice did not demonstrate that plaintiff exercise judgment and examined all extenuating circumstances in determining whether violations were serious enough to warrant termination so that assistance is terminated only in the most severe cases.

4.	□	Termination Decision Review: 24 C.F.R. §§ 574.310(e)(2)(ii) (HOPWA), 578.91 (Continuum of Care), 582.320(b) (Supportive Housing), 583.300(i) (Shelter Plus Care).

a.	□	Plaintiff did not provide for review of the termination decision.

b.	□	Plaintiff did not give me the opportunity to present written or oral objections.

c.	□	The review was not before a person other than the person (or a subordinate of that person) who made or approved the termination decision.

d.	□	Plaintiff did not give not give me a meaningful opportunity to discuss the eviction with Plaintiff. See Gorsuch Homes, Inc. v. Wooten, 597 N.E.2d 554 (Ohio Ct. App. 1992) (HUD Subsidized Project).

e.	□	Plaintiff did not give me prompt written notice of the final deci
sion.

5.	□	Plaintiff improperly alleged in the complaint grounds for eviction not stated in a notice.

6.	□	Plaintiff may not evict me without cause. 24 C.F.R. §§ 574.310(e)(2)(ii) (HOP
WA), 578.91 (Continuum of Care), 582.320(b) (Supportive Housing), 583.300(i) (Shelter Plus Care).

7.	□	Violence Against Woman Act (VAWA) (#b Required for All Notices), 34 U.S.C. § 12491, et seq.; 24 C.F.R. § 5.2005:

a.	□	Plaintiff's Notice to Vacate is based on an incident(s) of domestic violence, dating violence, sexual assault or stalking which is prohibited by basis for termination.

b.	□	Plaintiff failed to include with the notice the VAWA Notice of Occupancy Rights under the Violence Against Women Act (VAWA) and a certification form (Form HUD 5383) so this matter must be dismissed. Id., 24 C.F.R. § 5.2005 (notice and form).

8.	□	Other: ____________________________________________________________.

State Law

9.	□	Hennepin and Ramsey Housing Courts: Plaintiff alleges holding over after notice. Plaintiff did not attach a copy of the termination notice to the complaint. Plaintiff must provide a copy of the notice to me at the hearing. Minn. Gen. R. Prac. 604c.

10.	□	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.

d.	□	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.

e.	□	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.

f.	□	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.

11.	□	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, Minnesota-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).

12.	□	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).

13	□	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).

14	□	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.

15.	□	Other: ___________________________________________________________.

F.	NONPAYMENT OF RENT CASES

Federal Law

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

1.	□	Proper notice was required before filing this action. 24 C.F.R. §§ 574.310(e)(2)(ii) (HOPWA), 578.91 (Continuum of Care), 582.320(b) (Supportive Housing), 583.300(i) (Shelter Plus Care). See Holding Over Cases Defenses, Section E, supra.

2.	□	Domestic Violence: Violence Against Women Act of 2022 (VAWA), 34 U.S.C. § 12491, et seq.; 24 C.F.R. § 5.2005:

a.	□	Plaintiff has alleged I owe charges for damage that is the result of

domestic violence, dating violence, sexual assault or stalking.

These charges are not a legal basis to terminate my tenancy.

b.	□	The rent the Plaintiff is trying to collect from me incorrectly in
cludes the income of ________________________, the abuser/attacker/stalker, who is excluded from my household. The rent must be recalculated by the Plaintiff, based on my actual household composition and income, before the court can determine how much rent the Plaintiff has a right to collect from me under federal regulations and my lease.

c.	□	The rent has not been paid as a result of domestic violence, dating violence, sexual assault or stalking so cannot be the basis to evict me.

d.	□	See state law defense, infra, at F.18.

3.	□	Health, Safety, and Habitability:

a.	□	Plaintiff has violated the habitability law by not making repairs, including but not limited to:

____________________________________________________.

I request that the court reduce my past rent and reduce future rent until repairs are completed. See generally 24 C.F.R. §§ 574.310(b) (HOPWA), 578.75(a)-(b) (Continuum of Care), 582.305(a) (Sup
portive Housing), 583.300(a)-(b) (Shelter Plus Care).

b.	□	See state law defense, infra, at F.9.

4.	□	Plaintiff did not properly calculate my income and rent. 24 C.F.R. §§ 574.310(d) (HOPWA), 578.77 (Continuum of Care), 582.305(b) (Supportive Housing), 583.315 (Shelter Plus Care).

5.	□	Other: ____________________________________________________________.

State Law

6.	□	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 §E.11, Holding over Cases, supra.

d.	□	For other defenses to notices, see §E, Holding over Cases, supra.

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.

7.	□	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 (formerly § 566.03, subd. 5).

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

9.	□	Health, Safety, and Habitability:

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). Plaintiff's health and safety violations include, but are not limited to, the following issues: ______________________________________________________
______________________________________________________
______________________________________________________
_____________________________________________________. 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).

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.	□	See Federal law defense, supra, at F.3

10.	□	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).

11.	□	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 (formerly § 504.185).

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).

12.	□	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.

13.	□	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.

14.	□	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).

15.	□	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.

16.	□	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.

17.	□	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.

18.	□	Domestic Violence under State Law:

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 so I do not have any rent obligation to the Plaintiff after _______________ (date in notice ending tenancy).

b.	□	See Federal law defense, supra, at F.2.

19.	□	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).

20.	□	Other: ____________________________________________________________.

G.	BREACH OF LEASE CASES

Federal Law

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

1.	□	Proper notice was required before filing this action. 24 C.F.R. §§ 574.310(e)(2)(ii) (HOPWA), 578.91 (Continuum of Care), 582.320(b) (Supportive Housing), 583.300(i) (Shelter Plus Care). See Holding Over Cases Defenses, Section E, supra.

2.	□	Domestic Violence: Violence Against Women Act of 2022 (VAWA), 34 U.S.C. § 12491, et seq.; 24 C.F.R. § 5.2005:

a.	□	Plaintiff alleges breach of the lease by damage to the premises that are the result of domestic violence, dating violence, sexual assault and stalking so cannot be the basis to evict me.

b.	□	Plaintiff's alleged breach(es) are the result of domestic violence, dating violence, sexual assault or stalking so they are not (1) serious or repeated violation(s) of the lease, (2) material viola
tion(s) of the lease, or (3) other good cause.

4.	□	Plaintiff may not evict me without cause. 24 C.F.R. §§ 574.310(e)(2)(ii) (HOP
WA), 578.91 (Continuum of Care), 582.320(b) (Supportive Housing), 583.300(i) (Shelter Plus Care).

5.	□	I have a disability. Plaintiff did not reasonably accommodate my disability. 42 U.S.C. § 3604(f)(3); 24 C.F.R. Parts 8, 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).

7.	□	Plaintiff alleges that I unlawfully allowed unlawful activity on the property.	The criminal activity provisions of 24 C.F.R. § 5.850 et seq. don't apply to Shelter Plus Care, HOPWA, HOME, or McKinney supportive housing programs (now HEARTH and Continuum of Care) if no Section 8 funding is involved. 24 C.F.R. §§ 5.850, 5.100 (lists of covered programs).

8.	□	Other: ___________________________________________________________.

State Law

9.	□	Hennepin and Ramsey Housing Courts: Plaintiff alleges breaches of the lease. Plaintiff did not attach a copy of the lease to the complaint. Plaintiff must provide a copy of the lease to me at the hearing. Minn. Gen. R. Prac. 604(d).

10.	□	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 §E.11, 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.

11.	□	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).

12.	□	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).

13.	□	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).

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

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

16.	□	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).

17.	□	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).

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

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

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

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

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

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

e.	□	"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." 2023 Minn. Laws Ch. 63, Art. § 55, amending Minn. Stat. § 504B.171 (effective Aug 1, 2023).

f.	□	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.

g.	□	See Federal law defenses, supra, at G.7.

21.	□	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).

22.	□	Domestic 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.	□	See Federal law defenses, supra, at G.2.

23.	□	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).
Eviction could lead to termination of my housing subsidy. 24 C.F.R. § 982.552(b)(2).

24.	□	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).

25.	□	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.	□	Federal law: 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 inter
ests of all parties. 50 U.S.C. §§ 3951-3959.

b.	□	State law

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

ii.	□	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 defen
dant is in unlawful possession of property."). See also, Minneapolis Cmty. Dev. Agency v. Smallwood, 379 N.W.2d 554, 555 (Minn. Ct. App. 1985).

iii.	□	Continue the hearing for the following reasons: ________________________________________________
_____. The court is not limited by Minn. Stat. § 504B.341 in continuing the hearing. Rice Park Properties v. Robins, Kaplan, Miller and Cieresi, 532 N.W.2d 556 (1995).

iv.	□	Plaintiff alleged combined claims for nonpayment of rent and breach of lease. Determine the breach of lease allega
tions first, and do not order posting or redemption of any rent before the breach of lease allegations have been dis
missed. Minn. Stat. § 504B.285, subd. 5.

v.	□	I deny owing all or part the rent alleged to be due by Plain
tiff. There is no basis to require posting of rent which was not withheld in reliance on a defense. Minn. R. Gen. Prac. 608 (Hennepin and Ramsey Housing Courts).

vi.	□	I am claiming a habitability, health, and safety defense to Plaintiff's claim of nonpayment rent. Only future rent or security for future rent need be paid into court. Fritz v. Warthen, 213 N.W.2d 339, 341-43 (1973); Minn. R. Gen. Prac. 608 (Hennepin and Ramsey Housing Courts).

vii.	□	Plaintiff is a business which did not register its trade name with the Secretary of State. Continue the hearing to allow Plaintiff to register 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.

viii.	□	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.

4.	□	Post-trial relief.

a.	□	Federal law: Under the Violence Against Women Act fo 2022, 34 U.S.C. § 12491, et seq.; 24 C.F.R. §§ 5.2005:

i.	□	Order Plaintiff to (1) accept my certification of domestic violence, dating violence, sexual assault or stalking, and (2) withdraw its termination notice and (3) dismiss this action with prejudice.

ii.	□	Evict Defendant _________________________________, the abuser/attacker/stalker, but do not evict me or the rest of my household.

iii.	□	Order Plaintiff to evict ____________________________, the abuser/attacker/stalker, but do not evict me or the rest of my household.

iv.	□	Order Plaintiff to execute a new lease with me that does not include _________________, the abuser/attacker/stalker and a new Housing Assistance Payment Contract with the Section 8 Program that will be provided by the Housing Authority that does not include ___________________, the abuser/attacker/stalker.

v.	□	Seal any information in this court file that contains infor
mation about any incidents of domestic violence, domestic abuse violence, sexual assault or stalking, including my address, so it is not accessible to anyone but court employ
ees, me or Plaintiff for the purposes of this action.

b.	State law

i.	□	Grant relief from forfeiting my home as it would be a great injustice, 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).

ii.	□	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).

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

iv.	□	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).

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

vi.	□	Redemption: If I owe rent:

(a)	□	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).

(b)	□	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 (for
merly § 566.03).

(c)	□	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. Overmay
er, 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 ade
quately protected); Warren v. Driscoll, 186 Minn. 1, 5, 242 N.W.2d 346, 347 (1932).

(d)	□	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).

vii.	□	Costs and Disbursements:

(a)	□	Upon discontinuance or dismissal or when judg
ment 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).

(b)	□	If I prevail, award me $5.50 for the cost of filing a satisfaction of the judgment. Id.

(c)	□	If I prevail, award me other costs and disbursements (e.g. court filing, service, subpoena, expert, docu
ment, and discovery fees). Minn. Stat. § 549.04: __________________________________________
_________________________________________.

(d)	□	If I am allowed to proceed in forma pauperis, order Plaintiff 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.

(d)	□	Do not award costs and disbursements to Plaintiff.

viii.	□	Attorney fees:

(a)	□	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).

(b)	□	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 Plain
tiff's or the landlord's attorneys, so I am entitled to attorney fees if I prevail. Minn. Stat. § 504B.172.

ix.	□	Expunge or seal this court file.

(a)	□	Plaintiff's case is sufficiently without basis in fact or law, which may include lack of jurisdiction over the case. Expungement is clearly in the interests of justice and those interests are not outweighed by the public's interest in knowing about the record. Minn. Stat. § 484.014.

(b)	□	The court 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).

(c)	□	This case involved a foreclosed mortgage or cancelled contract for deed and under Minn. Stat. § 484.014, subd. 3,

(1)	□	I moved before Plaintiff filed this case, or

(2)	□	I am a tenant and did not receive a proper lease termination notice under Minn. Stat. § 504B.285.

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

x.	□	If I lose:

(a)	□	Give me seven days to move. Minn. Stat. § 504B.3
45 (formerly § 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.

(b)	□	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