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-4 HUD Subsidized Projects April 2026 Case No. _________________________ |
For Defendant’s answer to Plaintiff's complaint, Defendant states the following defenses and the reasons why Defendant 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, 15 U.S.C. § 9058.
a. □ The property is a covered property (public and subsidized housing and federally backed mortgages).
b. □ The landlord may not evict a tenant except on a 30-day notice.
c. □ This requirement is not limited to nonpayment of rent and has no expiration date.
d. □ The landlord did not comply with the notice requirement.
e. □ See §E, Holding Over Cases, infra.
A. GENERAL ANSWER
1. □ Defendant admits the facts in these paragraphs of the complaint: _____________.
2. □ Defendant denies the facts in these paragraphs of the complaint: _____________.
3. □ Defendant cannot admit or deny these paragraphs of the complaint: ___________.
4. □ Defendant receives housing subsidy from the Dept. of Housing and Urban Development (HUD) to the landlord. 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. □ HUD government subsidized housing project. It is not public housing, moderate rehabilitation or project-based certificate housing, and I don't have a Section 8 certificate or voucher. HUD Handbook No. 4350.3.
2. □ Section 8 New Construction Program.
3. □ Section 8 Substantial Rehabilitation Program.
4. □ Section 8 Disposition of Former HUD Projects.
5. □ Section 8 Set Aside Program.
6. □ Section 236 Program.
7. □ Section 221(d)(3) Program.
8. □ Rent Supplement or Rent Assistance Program.
9. □ Section 202 Elderly and Handicapped Housing Program.
10. □ Rent is $___ per month, due on ___.
C. SERVICE
1. □ Minn. Stat. § 504B.332 (replacing 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.332,subd. 2(a) (replacing Minn. Stat. § 504B.331, formerly § 566.06).
2a. □ Plaintiff regularly uses electronic written communication to communicate with Defendant. Minn. Stat. § 504B.332, Subd. 2(b).
a. □ Plaintiff must make a good faith attempt to communicate to Defendant that an eviction hearing has been scheduled at least seven days before the date of the court appearance.
b. □ The communication did not include all of the following: a time and date stamp, and the date, time, and place of the hearing specified in the summons.
c. □ The communication was not delivered □ by means of electronic written communication that Plaintiff regularly uses to communicate with Defendant or □ to the last known electronic address Plaintiff has used to communicate with Defendant.
d. □ Plaintiff did not substantially comply with this law.
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 Defendant. Minn. Stat. § 504B.332, subd. 3(b) (replacing 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 Defendant in the county.
b. □ The person does not reside with Defendant. 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 Defendant’s residence when the court papers were delivered.
6. □ Plaintiff improperly used service by mail and posting. Minn. Stat. § 504B.332, subd. 4 (replacing 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 Defendant 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 failed to file an affidavit with the court stating how one or more of the following required steps were completed:
i. □ That Defendant could not be found in the county or that the Plaintiff believes that the Defendant is not in the state.
ii. □ A copy of the summons and complaint had been mailed to the defendant at the defendant's last known address at least seven days before the date of the court hearing.
iii. □ That Plaintiff complied with Minn. Stat. § 504B.332, subd. 2(b) by providing the date and manner by which the plaintiff attempted to communicate electronically to the defendant in compliance with subdivision 2, paragraph (b), or stating that the plaintiff does not use electronic written communication to regularly communicate with the defendant and does not have an electronic address for the defendant.
iv. □ That two personal service attempts were made in compliance with § 504B.332, subd. 4(b)(2);
v. □ The date and time the summons and complaint were posted on the entry to the defendant's individual unit.
d. □ The court papers were □ mailed but not posted or □ posted but not mailed.
7. □ 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. Stat. § 504B.332, subd. 3(c); Minn. Stat. § 504B.332, subd. 4(b)(4); 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
DA. Federal Law
1. □ Violence Against Woman Act of 2022 (VAWA) (#b Required for All Complaints), 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 incident(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 certification form (Form HUD 5383) so this matter must be dismissed. Id., 24 C.F.R. §§ 5.2005 (notice and form).
2. □ Defendant is a military service member or an active National Guard member covered by the Servicemembers Civil Relief Act., 50 U.S.C. § 3951.
3. □ Designated Contact Persons, HUD Notice PIH-2009-36(HA).
a. □ Plaintiff failed to give Defendant the opportunity to designate a contact person.
b. □ Plaintiff failed to contact Defendant’s designated contact person before file this action.
4. □ Other: ____________________________________________________________.
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. In re the Conservatorship of Riebel, 625 N.W.2d 480, 483 (Minn. 2001).
3. □ Plaintiff, the landlord, the lessor, or the management company is a corporation or a similar entity.
a. □ Outside of Hennepin and Ramsey Housing Courts: It must be represented by an attorney to file a case or to appear otherwise in any Minnesota 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); Save Our Creeks v. City of Brooklyn Park, 699 N.W. 2d 307, 309 (Minn. 2005).
b. □ Hennepin and Ramsey Housing Courts: Id. See Order Promulgating Amendments to the General Rules of Practice for the District Courts, ADM09-8009 (Minn. May 13, 2019) (rejecting proposal to amend Minn. Gen. R. Prac. 603 to permit corporations to appear in eviction action initial hearings without representation by a licensed attorney, citing Save Our Creeks, 699 N.W.2d at 309). But see Community Cares v. Faulkner, 949 N.W.2d 296 (Minn. 2020) (Minn. Gen. R. Prac. 603 allows a person not an attorney 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. □ Plaintiff failed to disclose either in the rental agreement or otherwise in writing prior to commencement of the tenancy the name and address of (1) the person authorized to manage the premises; and (2) the landlord of the premises or an agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands.
b. □ Defendant 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.
c. □ Defendant 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).
d. □ Defendant lives in Minneapolis. Mpls. Code of Ord. § 244.2000, amended by Mpls. Code of Ord. § 2024-028, File No. 2024-0024 (Aug 15, 2024) (Effective Mar. 1, 2025).
i. □ Prior to commencement of the tenancy or within the rental agreement, Plaintiff failed to disclose:
(a) □ The name and contact information of the person authorized to manage the premises and the name and physical address of the landlord or an agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands.
(b) □ The rental license tier status of the property.
(c) □ Information regarding violations of the housing code that contributed to the tier status of the property.
(d) □ A copy of all unabated orders and violation tags affecting the dwelling unit or common areas of the property.
(e) □ An overview of how garbage, recycling, and
organics recycling are managed at the property.
ii. □ The property is required to be licensed. Plaintiff failed to provide to all tenants within 90 days of the start date of the lease:
(a) □ Information on the rights of renters in a manner approved by the director of Minneapolis Regulatory Services.
(b) □ Rights protected by federal law, state law, and city ordinances.
(c) □ Contact information for the Department of Regulatory Services.
(d) □ Other information that the Director of Regulatory Services deems necessary: ___________________.
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 Defendant to a stay of proceedings and $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 Housing 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-income housing tax credit program; or any other similar program, and include the name of the agency that administers the housing subsidy program.
h. □ The complaint’s description of the premises is vague and indefinite. Lewis v. Steele, 1 Minn. 88 (1852).
i. □ 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. □ 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.
10. □ This action is moot because Defendant 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).
11. □ Other: __________________________________________________________.
E. HOLDING OVER CASES
EA. Federal Law
0. □ Coronavirus Aid, Relief, and Economic Security (CARES) Act § 4024 Notice (30-day notice required). See §A0, Threshold CARES Act Defense, supra.
1. □ Proper notice was required before filing this action. Lease § _____; HUD Handbook No. 4350.3, ¶¶ 8-11 - 8-16.
2. □ Plaintiff did not give Defendant proper notice to end the lease. Lease § _____; HUD Handbook No. 4350.3, ¶¶ 8-11 - 8-16.
a. □ Plaintiff did not give written notice. ¶ 8-13(B)(2).
b. □ Plaintiff alleges nonpayment of rent or material noncompliance with the lease. Plaintiff did not give Defendant notice 10 days before filing this action. Id. But, the CARES Act requires 30 days notice. See §A0, Threshold CARES Act Defense, supra.
c. □ The notice did not state all of the following: (1) the date of termination, (2) the grounds for termination with sufficient detail, (3) that I could defend the eviction in court, (4) that I had 10 days to discuss it with Plaintiff, and (5) persons with disabilities have the right to request reasonable accommodations to participate in the hearing process. Id.
d. □ Plaintiff did not serve the notice personally and by mail. ¶ 8-13(B)(3) (only for § 8 Set Aside and Property Disposition, § 202/8, § 236, § 221(d)(3), Rent Supplement, and Rent Assistance Programs).
e. □ Plaintiff alleges other good cause. HUD Handbook No. 4350.3, ¶ 8-16.
i. □ Plaintiff did not give Defendant notice 30 days before filing this action.
ii. □ The termination notice was not effective at the end of the lease term.
iii. □ Plaintiff did not give Defendant prior written notice that the alleged conduct would be good cause for eviction.
f. □ Plaintiff did not give Defendant 12 months notice under Minn. Stat. § 504B.255 (formerly Minn. Stat. § 504.32).
i. □ Plaintiff is allowing a Section 8 contract to expire.
ii. □ Plaintiff is terminating or failing to renew a Section 8 contract and mortgage.
iii. □ Plaintiff is prepaying on a mortgage, which will result in termination of federal use restrictions on the housing.
iv. □ Plaintiff is terminating a housing subsidy program.
3. □ Plaintiff did not give not give Defendant a meaningful opportunity to discuss the eviction with Plaintiff. HUD Handbook No. 4350.3, ¶ 8-13(B)(2); Gorsuch Homes, Inc. v. Wooten, 597 N.E.2d 554 (Ohio Ct. App. 1992).
4. □ Plaintiff improperly alleged in the complaint grounds for eviction not stated in a notice. HUD Handbook No. 4350.3, ¶ 8-13(B)(5).
5. □ Plaintiff may not evict Defendant without cause. HUD Handbook No. 4380.3, ¶ 8-12.
6. □ 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).
7. □ Other: ____________________________________________________________.
EB. State Law
1. □ 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. □ Defendant lives 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.
i. □ 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, including 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 delivered);
(iv) □ Notification that the tenant may be evicted if they don't pay the past due rent; and
(v) □ Information about accessing rental assistance 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).
ii. □ 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 violation 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 correct 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 assistance 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 deadline; 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).
iii. □ 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 violation 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 correct alleged breach, how it may be corrected, and the deadline to correct the breach;
(iv) □ Information about accessing rental assistance 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 deadline; 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 Defendant 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 for actions by Defendant on _____________ to secure or enforce rights under a lease or contract, oral or written, under the laws of the state or any of its governmental 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.
b. □ Plaintiff’s notice was served within 90 days of the date(s) Defendant acted to secure or enforce rights under a lease or contract, oral or written, under the laws of the state or any of its governmental 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 unmotivated by Defendant’s protected activity. Id. Parkin v. Fitzgerald, 307 Minn. 423, 240 N.W.2d 828 (1976).
c. □ Defendant has a common law defense to this eviction that is in retaliation for Defendant’s 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 Defendant’s 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.291 states that an eviction action for nonpayment of rent "is equivalent 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 Defendant 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. □ Defendant terminated the lease for domestic violence under Minn. Stat. § 504B.206. A “landlord may not commence an eviction action against a tenant who has terminated a lease as provided in” Minn. Stat. § 504B.206, Subd. 3(e).
7. □ Other: ___________________________________________________________.
F. NONPAYMENT OF RENT CASES
FA. Federal Law
0. □ Coronavirus Aid, Relief, and Economic Security (CARES) Act § 4024 Notice (30-day notice required). See §A0, Threshold CARES Act Defense, supra.
00. □ HUD 30-Day Notice. In addition to the 30-day CARES Act notice, Plaintiff must provide a HUD 30-day notice in nonpayment of rent cases. 89 Fed. Reg. 101270 (Dec. 13, 2024).
a. □ Plaintiff did not give Defendant the notice.
b. □ The notice did not include under id. at 101302-101304:
i. □ The dollar amount of the balance due on the rent account.
ii. □ The date of the rent computation.
iii. □ “Instructions on how the tenant can cure the nonpayment of rent violation, including an itemized amount separated by month of alleged rent owed by the tenant, any other arrearages allowed by HUD and included in the lease separated by month, and the date by which the tenant must pay the amount of rent owed before an eviction for nonpayment of rent can be filed.”
iv. □ “Information on how the tenant can recertify their income and, for tenants residing in projects assisted pursuant to a housing assistance payments contract for project-based assistance under section 8 of the 1937 Act (42 U.S.C. 1437f), information on how the tenant can apply for a hardship exemption pursuant to 24 CFR 5.630(b).
v. □ “In the event of a Presidential declaration of a national emergency, such information to tenants as required by the Secretary.
vi. □ “Accessible formats to ensure effective communication for individuals with disabilities, and the notice must provide meaningful access for persons with LEP.” Id. at 101271-101272.
c. □ Plaintiff gave Defendant the termination notice before the day after the rent was due under the lease.
d. □ Plaintiff filed this eviction action before the effective date of the notice.
e. □ Defendant paid the alleged amount of rent owed within the 30-day notification period.
1. □ Proper notice was required before filing this action. See Holding Over Cases Defenses, § 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 Defendant owes 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 the tenancy.
b. □ The rent the Plaintiff is trying to collect incorrectly includes the income of ________________________, the abuser/attacker/stalker, who is excluded from Defendant’s household. The rent must be recalculated by the Plaintiff, based on the actual household composition and income, before the court can determine how much rent the Plaintiff has a right to collect from Defendant under federal regulations and Defendant’s 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 Defendant.
d. □ See state law defense, infra, at § FB.13
3. □ Health, Safety, and Habitability:
a. □ Plaintiff has violated the habitability law by not making repairs, including but not limited to:
____________________________________________________.
Defendant requests that the court reduce the past rent and reduce future rent until repairs are completed. See generally 24 C.F.R. Subpart G, §§ 5.701-5.705; HUD Handbook No. 4350.3, Exhibit 6-6, Appendix 4-A.
b. □ See state law defense, infra, at § FB.4.
4. □ Plaintiff is charging improper late fees or other fees.
a. □ Plaintiff may not evict Defendant for not paying late fees. HUD Handbook No. 4350.3, ¶ 6-23.
b. □ See state law defense, infra, at § FB.7.
5. □ Rent recertification.
a. □ Plaintiff did not properly calculate income and rent. HUD Handbook No. 4350.3, Ch. 5, and 7.
b. □ Defendant pays a minimum rent and Plaintiff failed to grant Defendant a hardship exemption. 42 U.S.C.A. § 1437a(a)(3)(B); 24 C.F.R. § 5.630(b); HUD Handbook 4350, ¶5-26.D.
c. □ Plaintiff did not give Defendant a sufficient utility allowance. 24 C.F.R. Subpart E, §§ 965.501, et seq; HUD Handbook No. 4350.3, ¶¶ 5.25B, 5.61.
d. □ Plaintiff improperly terminated the government subsidy and raised the rent to market rent. HUD Handbook No. 4350.3, ¶¶ 8-3 - 8-7.
e. □ Plaintiff did not offer a reasonable payment plan for corrected past rent. Id. ¶ 8-21 - 8-22.
6. □ Other: ____________________________________________________________.
FB. State Law
0. □ 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 amount of the total due from unpaid rent, late fees, and other charges 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 services 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.
j. □ See Federal law defense, supra, at § E.
1. □ Local Ordinances.
a. □ Defendant lives in Minneapolis and Plaintiff did not comply with the notice requirement of Minneapolis Code of Ordinances 244.2060, amended by Mpls. Code of Ord. § 2024-032, File No. 2024-00836 (Sep 19, 2024) (Effective Mar. 1, 2025).
i. □ Plaintiff did not provide Defendant with a 30-day prefiling notice (14-day notice prior to March 1, 2025).
ii. □ Plaintiff's prefiling notice was not in writing.
iii. □ Plaintiff did not deliver the notice personally or by first-class 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 accounting 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 Defendant failed to pay the total amount due or failed to vacate.
b. □ Defendant lives in St. Louis Park and Plaintiff did not comply with the notice requirement of St. Louis Park City Code § 8-337, amend by Saint Louis Park Ordinance No. 2683-24.
i. □ Plaintiff did not provide Defendant with a 30-day prefiling notice.
ii. □ Plaintiff's prefiling notice was not in writing.
iii. □ The Owner or an agent of the Owner did not use the pre-eviction notice form prepared by the city.
iv. □ Plaintiff's prefiling notice did not state “If you need legal or financial help you may contact the resources listed in this pre-eviction notice.”
v. □ Plaintiff's prefiling notice did not provide a description of how to access legal and financial assistance through information posted on the city’s website
vi. □ Plaintiff's prefiling notice did not state that the landlord may bring an eviction action following expiration of the 30-day notice period if Defendant failed to pay the total amount due or failed to vacate.
c. □ Defendant lives 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 §FB.2, Holding Over Cases, infra.
d. □ For other defenses to notices, see §F, Holding Over Cases, infra.
e. □ Defendant lives 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. Defendant does 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. □ Defendant does not owe all of the rent alleged. SVAP III Riverdale Commons LLC v. Coon Rapids Gyms, LLC, 967 NW 2d 81, 85 (2021) (discussion of decisions).
4. □ Health, Safety, Habitability and Privacy.
a. □ Plaintiff has violated the covenants of habitability, health, and safety. Defendant asks 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 covenants 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 Minnesota, that will exceed the cost of implementing that measure, 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 violation 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 failed to correct an emergency under Minn. Stat. § 504B.161, subd. 1(a)(2) and Minn. Stat. § 504B.381, subd. 1, including:
(a) □ A unit of government has revoked a rental license, issued a condemnation order, issued a notice of intent to condemn, or otherwise deemed the property uninhabitable.
(b) □ A serious infestation.
(c) □ The loss of running water
(d) □ The loss of hot water.
(e) □ The loss of heat.
(f) □ The loss of electricity.
(g) □ The loss of sanitary facilities.
(h) □ A nonfunctioning refrigerator.
(i) □ If included in the lease, a nonfunctioning air conditioner.
(j) □ If included in the lease, no functioning elevator.
(k) □ Any conditions, services, or facilities that pose a serious and negative impact on health or safety: _________________________________________.
(l) □ Other essential services or facilities: ____________________________________________________.
b. □ Defendant’s apartment is infested with bedbugs. Defendant requests □ 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 constitute constructive eviction).
c. □ Plaintiff made Defendant agree to perform specified repairs or maintenance, but the agreement is not supported by adequate consideration 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 Defendant.
i. □ Plaintiff failed to have a reasonable business purpose.
ii. □ Plaintiff failed to make a good faith effort to give reasonable 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 Defendant 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.
v. □ Defendant is 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 Minn. Stat. § 504B.178, and up to a $500 civil penalty for each violation and reasonable attorney fees.
d. □ See Federal law defense, supra, at § FA.3.
5. □ Rental Licensing.
a. □ The code of the city where the premises are located requires landlords to have a rental license. Defendant’s 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. □ Defendant notified Plaintiff and paid $ ___________ for utility or essential services after the utility company terminated the service or threatened to terminate the service, due to Plaintiff's failure to pay. This payment must be deducted from rent. Minn. Stat. § 504B.215.
b. □ Defendant’s lease states that Defendant is supposed to pay $___________ for utility service, but the property has a shared meter or submeter which does not comply with Minn. Stat. § 504B.216 (replacing Minn. Stat. §504B.215, formerly § 504.185). Defendant requests that the court:
i. □ Reduce Defendant’s past rent, beginning in _______________, and reduce future rent until Plaintiff follows the law. Minn. Stat. § 504B.216, § 504B.161 (formerly § 504.18); Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973);
ii. □ Award Defendant treble damages or $500, whichever is greater, and reasonable attorney's fees. Minn. Stat. § 504B.216, § 504B.221 (formerly § 504.26).
c. □ See Federal law defense, supra, at § FA.5.
7. □ Plaintiff is charging improper late fees.
a. □ 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).
b. □ 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).
c. □ No late fee is due because Defendant had a proper reason to withhold Defendant’s rent.
d. □ See Federal law defense, supra, at § FA.4.
8. □ Other Fees.
a. □ Plaintiff failed to disclose nonoptional fees. Invalidate the fees and award Defendant treble damages and reasonable attorney fees. Minn. Stat. § 504B.120.
b. □ The fees are penalties which bear no relationship to Plaintiff'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.
9. □ 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. The parties 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.
10. □ 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 Defendant reasonably relied on Plaintiff's conduct, to Defendant’s 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).
11. □ Plaintiff did not give Defendant receipts for rent paid in cash. Minn. Stat. § 504B.118. The court should abate Defendant’s rent as a penalty for violating the statute and dismiss this action.
12. □ Defendant paid the rent by money orders. Defendant has 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 Defendant paid the rent. Minn. Stat. § 504B.291, subd. 1.
13. □ Victim of Violence.
a. □ Defendant or another tenant or authorized occupant in Defendant’s household has been a victim of domestic abuse, criminal sexual conduct, or stalking. Minn. Stat. § 504B.206. Defendant ended the lease as required by Minn. Stat. § 504B.206 so Defendant does not have any rent obligation to the Plaintiff after _____________(date in notice ending tenancy).
b. □ Defendant terminated the lease for domestic violence under Minn. Stat. § 504B.206. A “landlord may not commence an eviction action against a tenant who has terminated a lease as provided in” Minn. Stat. § 504B.206, Subd. 3(e).
c. □ See Federal law defense, supra, at § FA.2.
14. □ Defendant 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. □ Retaliation.
a. □ Plaintiff increased Defendant’s rent or decreased services as a penalty in whole or part for actions by Defendant to secure or enforce rights under a lease or contract, oral or written, under the laws of the state or any of its governmental 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. Minn. Stat. § 504B.285, Subd. 3.
b. □ Plaintiff increased Defendant’s rent or decreased services as a penalty in whole or part for a complaint of a violation under Minn. Stat. § 504B.441 by Defendant or a housing-related neighborhood organization. Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (Minn. 2019).
c. □ Defendant has a common law defense to this eviction that is in retaliation for Defendant’s 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).
16. □ Other: ___________________________________________________________.
G. BREACH OF LEASE CASES
GA. Federal Law
0. □ Coronavirus Aid, Relief, and Economic Security (CARES) Act § 4024 Notice (30-day notice required). See §A0, Threshold CARES Act Defense, supra.
1. □ Proper notice was required before filing this action. See Holding Over Cases Defenses, § 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 violation(s) of the lease, or (3) other good cause.
c. □ See state law defense, infra, at GB.13.
3. □ Material Noncompliance.
a. □ Defendant has not committed (1) material noncompliance with the lease, (2) a material failure to carry out obligations under state landlord and tenant laws, or (3) other good cause for eviction. 24 C.F.R. § 247.3; HUD Handbook No. 4350.3, ¶ 8-11 - 8-16.
b. □ Defendant did not commit repeated minor violations of the rental agreement that: (i) disrupt the livability of the project, (ii) adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related project facilities, (iii) interfere with the management of the project, or (iv) have an adverse financial effect on the project. Id. See Oak Glen of Edina v. Brewington, 642 N.W.2d 481, 486 (2002) (“Oak Glen provided no evidence that the late payments of rent affected its rental business”).
4. □ Defendant has a disability. Plaintiff did not reasonably accommodate the 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).
5. □ The lease term violated HUD rules. HUD Handbook No. 4350.3, Ch. 6, and Appendix 4; 24 C.F.R. Part 247.
6. □ Plaintiff alleges that Defendant unlawfully allowed unlawful activity on the property.
a. □ The activity was not a crime. See Minn. Stat. Ch. 609.
b. □ The person who committed the activity was not the tenant, a member of the tenant’s household, a guest staying with the tenant, or person under the tenant’s control. 24 C.F.R. § 5.100.
c. □ Plaintiff alleges non-drug-related activity. The activity did not threaten the health, safety, or peaceful enjoyment by other residents of the property.
d. □ Plaintiff alleges violent or drug-related criminal activity. The activity did not occur on or near the property.
e. □ A person under Defendant’s control committed drug-related criminal activity but it was not on the premises.
f. □ Possession of drug paraphernalia does not constitute drug-related criminal activity. 24 C.F.R. § 5.100; Minn. Stat. § 152.092.
g. □ Medical marijuana use is legal under state law. Minn. Stat. § 152.32.
h. □ Plaintiff based this eviction on a police arrest or arrest report, in violation of HUD Notice PIH 2015-19 (November 2, 2015).
i. □ Plaintiff has failed to adopt HUD Best Practices on Evicting and Terminating Assistance for Criminal Activity. HUD Notice PIH 2015-19 (November 2, 2015).
j. □ See state law defenses, infra, at GB.11.
7. □ Other: ___________________________________________________________.
GB. State Law
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 DB.7, Preconditions for Recovery of the Premises, supra.
b. □ Plaintiff did not attach a copy of the lease to the complaint. See DB.7, Preconditions for Recovery of the Premises, supra.
1a. □ Defendant lives 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 □ Defendant corrected the breach.
2. □ Defendant 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 Defendant is 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. Defendant did not do this. Minn. Stat. § 504B.321 (formerly § 566.05).
4. □ Plaintiff did not give Defendant 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. Hook & Ladder Apartments, L.P. v. Nalewaja, 25 N.W.3d 867 (2025) (landlord accepted Housing Assistance Payment and did not return it); Kenny v. Seu Si Lun, 101 Minn. 253, 256-58, 112 N.W. 220, 221-22 (1907).
9. □ Plaintiff is discriminating against Defendant as a member of a protected class. 42 U.S.C. § 3604; Minn. Stat. § 363A.09.
10. □ The lease term is illegal, unconscionable, an adhesion contract, or discriminatory.
11. □ Plaintiff alleges that Defendant committed criminal activity or unlawfully allowed unlawful activity (illegal drugs, prostitution 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. □ Defendant did not unlawful activity under Minn. Stat. § 504B.171 on the property.
d. □ Defendant 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 Defendant committed a crime. Plaintiff may not terminate 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 conviction has resulted from the alleged conduct.
i. □ See Federal law defenses, supra, at GA.6.
12. □ Plaintiff is penalizing Defendant for calling for police or emergency assistance in response to domestic abuse or any other conduct. Minn. Stat. § 504B.205 (formerly § 504.215).
13. □ Victim of Violence.
a. □ The basis of the eviction is that Defendant or another tenant or authorized occupant in Defendant’s 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). See Steven Scott Management, Inc. v. Scott, 1999 WL 366596 (Minn. Ct. App. June 8, 1999) (unpublished) (affirmed dismissal of eviction against the victim, but reversed dismissal against the assailant and remanded for issuance of eviction order for the assailant).
b. □ Defendant terminated the lease for domestic violence under Minn. Stat. § 504B.206. A “landlord may not commence an eviction action against a tenant who has terminated a lease as provided in” Minn. Stat. § 504B.206, Subd. 3(e).
c. □ See Federal law defenses, supra, at GA.2.
14. □ Forfeiting Defendant’s home 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).
15. □ Retaliation.
a. □ Defendant has a common law defense to this eviction that is in retaliation for Defendant’s 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).
b. □ Plaintiff is eviction Defendant as a penalty in whole or part for a complaint of a violation under Minn. Stat. § 504B.441 by Defendant or a housing-related neighborhood organization. Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (Minn. 2019).
16. □ Animals.
a. □ Declawing and Devocalizing. Plaintiff may not require Defendant to declaw or devocalize an animal allowed on the premises. Minn. Stat. § 504B.114.
b. □ Service and Emotional Support Animals
i. □ Discrimination. Defendant has a disability and uses a service animal. □ Plaintiff denied Defendant full and equal access to the property. □ Defendant may not be required to pay extra compensation for the service animal. Minn. Stat. § 363A.09, Subd. 5.
ii. □ Service Dogs. Defendant is □ totally or partially blind, □ deaf, or □ a person with a physical disability who has a service dog, and is entitled to full and equal access to all housing accommodations, and shall not be required to pay extra compensation for such service dog but shall be liable for any damage done to the premises by such service dog. Minn. Stat. § 256C.025, Subd. 5; FHEO Notice FHEO-2020-01 (HUD Jan. 20, 2020).
iii. □ Service Dog Training. Defendant is a person who is actively training a service dog in training is entitled to full and equal access to all housing accommodations, and must not be required to pay extra compensation for the service dog in training but is liable for any damage done to the premises by the service dog in training. Minn. Stat. § 256C.025, Subd. 5, added by 2025 Minn. Laws Ch. 16.
iv. □ Emotional Support Animals. Defendant has a disability and uses an emotional support animal. Plaintiff denied Defendant’s reasonable accommodation request. FHEO Notice FHEO-2020-01 (HUD Jan. 20, 2020). See 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).
17. □ Other: ___________________________________________________________.
H. REQUEST FOR RELIEF
1. □ Dismiss Plaintiff’s Complaint and enter judgment for Defendant for the reasons set forth in this Answer and award Defendant 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 under 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 interests of all parties. 50 U.S.C. §§ 3951-3959.
3a. □ Pre-trial Relief under State law
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 Defendant to review Plaintiff's file on Defendant, give Defendant a list of Plaintiff's witnesses and the subject of their testimony, and give Defendant 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. Smallwood, 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 allegations 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 register its trade name, award Defendant $250.00 in costs or by setoff, Minn. Stat. §§ 333.001-333.06, and allow Defendant to credit the award against rent.
h. □ Defendant requests a stay of this action without bond for 90 days to allow Defendant to file an action to challenge an illegal foreclosure reconveyance. Minn. Stat. § 325N.18.
i. □ 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: ____________________________________________________.
j. □ Defendant requests a jury trial. Minn. Stat. § 504B.335(b).
4. □ Post-trial Relief under Federal law: Under the Violence Against Women Act fo 2022, 34 U.S.C. § 12491, et seq.; 24 C.F.R. §§ 5.2005:
a. □ Order Plaintiff to (1) accept Defendant’s certification of domestic violence, dating violence, sexual assault or stalking, and (2) withdraw its termination notice and (3) dismiss this action with prejudice.
b. □ Evict Defendant _________________________________, the abuser/attacker/stalker, but do not evict Defendant or the rest of Defendant’s household. See Steven Scott Management, Inc. v. Scott, 1999 WL 366596 (Minn. Ct. App. June 8, 1999) (unpublished) (affirmed dismissal of eviction against the victim, but reversed dismissal against the assailant and remanded for issuance of eviction order for the assailant).
c. □ Order Plaintiff to evict ____________________________, the abuser/attacker/stalker, but do not evict Defendant or the rest of Defendant’s household.
d. □ Order Plaintiff to execute a new lease with Defendant that does not include _________________, the abuser/attacker/stalker.
e. □ Seal any information in this court file that contains information about any incidents of domestic violence, domestic abuse violence, sexual assault or stalking, including Defendant’s address, so it is not accessible to anyone but court employees, Defendant or Plaintiff for the purposes of this action.
4a. □ Post-trial Relief under State law
a. □ Grant relief from forfeiting Defendant’s 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).
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 Defendant’s rent and award Defendant treble damages or $500, whichever is greater, and reasonable attorney's fees. Minn. Stat. § 504B.216 (replaced Minn. Stat. § 504B.215, § 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 Defendant’s privacy. Defendant is 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 Defendant owes rent:
i. □ Plaintiff alleged combined claims of nonpayment of rent and holding over after notice. Allow Defendant to pay the rent and keep Defendant’s home. Minn. Stat. § 504B.291 (formerly § 504.02).
ii. □ Plaintiff alleged combined claims for nonpayment of rent and material lease violations. If Defendant did not commit a material lease violation but Defendant owes rent, give Defendant 7 days to pay. Minn. Stat. § 504B.285 (formerly § 566.03).
iii. □ Give Defendant □ __________ days to pay it or □ a repayment plan. 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. □ Defendant paid or can pay the rent due at the hearing. If Defendant owes additional costs, give Defendant _________ 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 government, or (2) any other organization that qualifies for tax-exempt status under United States Code, title 26, section 501(c)(3), and that administers a government rental assistance program, has sufficient funds available, and guarantees funds will be provided to the landlord.” Minn. Stat. § 504B.291, Subd. 1.
i. □ Victims of Violence.
(a) □ The basis of the eviction is that Defendant or another tenant or authorized occupant in Defendant’s 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). Do not eviction Defendant/
(b) □ The court may evict the assailant while allowing the victim to remain. See Steven Scott Management, Inc. v. Scott, 1999 WL 366596 (Minn. Ct. App. June 8, 1999) (unpublished) (affirmed dismissal of eviction against the victim, but reversed dismissal against the assailant and remanded for issuance of eviction order for the assailant).
j. □ Costs and Disbursements.
i. □ Upon discontinuance or dismissal or when judgment is rendered in Defendant’s favor on the merits, award Defendant mandatory costs of $200.00. Minn. Stat. § 549.02; HNA Properties v. Moore, 848 N.W.2d 238 (Minn. Ct. App. 2014).
ii. □ If Defendant prevails, award Defendant $5.50 for the cost of filing a satisfaction of the judgment. Id.
iii. □ If Defendant prevails, award Defendant other costs and disbursements (e.g. court filing, service, subpoena, expert, document, and discovery fees). Minn. Stat. § 549.04: _________________ _______________________________________________.
iv. □ If Defendant is allowed to proceed in forma pauperis, order Plaintiff to pay any fees waived, costs deferred, or expenses paid by the court (e.g., Defendant’s filing fee) based on Defendant’s in forma pauperis status directly to the court administrator. Minn. Stat. § 563.01, Subd. 10; HNA Properties v. Moore, 848 N.W.2d 238 (Minn. Ct. App. 2014).
v. □ Do not award costs and disbursements to Plaintiff.
v. □ The “district court has discretion to determine not only the amount of an award of costs and disbursements ...” Posey v. Fossen, 707 N.W.2d 712, 714 (Minn. Ct. App. 2006).
k. □ 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); ACC OP (University Commons) LLC v. Rodriguez, 906 N.W.2d 509 (Minn. Ct. App. 2017); Cheyenne Land Co. v. Wilde, 463 N.W.2d 539 (Minn. Ct. App. 1990).
ii. □ Award Defendant attorney fees, because Defendant’s 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 Defendant is entitled to attorney fees if Defendant prevails or if this action is dismissed. Minn. Stat. § 504B.172.
l. □ 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 public'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).
(c) □ Upon motion of a defendant, if the case is settled and the defendant fulfills the terms of the settlement. While the Minnesota Court of Appeals ruled mandatory expungement on this basis is unconstitutional in Sela Investments, Ltd. LLP v. J. H., 22 N.W.3d 181 (Minn. Ct. App. 2025), it can be a basis for discretionary expungement.
ii. □ Mandatory expungement.
(a) The case was commenced solely on the grounds of a foreclosed 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 foreclosure and:
(i) □ the time for contract cancellation or foreclosure redemption has expired and the defendant vacated the property prior to commencement of the eviction action; or
(ii) □ the defendant was a tenant during the contract 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 complaint is dismissed for any reason.
(d) □ The parties to the action have agreed to an expungement.
(e) □ Domestic Violence:
(i) □ Plaintiff commenced this eviction action solely on the basis that Defendant or authorized occupant has been the victim of any of the acts of violence listed in Minn. Stat. § 504B.206, subd. 1(a).
(ii) □ Plaintiff commenced this eviction action after Defendant terminated a lease as provided in Minn. Stat. § 504B.206.
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).
m. □ If Defendant loses:
i. □ Give Defendant seven days to move. Minn. Stat. § 504B.345 (formerly § 566.09). Defendant did not cause a nuisance, or seriously endanger other tenants, their property, or the landlord's property. If Defendant has to move in less than 7 days, it would be a substantial hardship to Defendant’s family and Defendant.
ii. □ Alternatively, give Defendant 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, Defendant certifies that, to the best of Defendant’s knowledge:
a. this document is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
b. the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
c. the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;
d. the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief; and
e. this document does not include any restricted identifiers and that all restricted identifiers have been submitted in a confidential manner as required by Minn. R. Gen. Prac. 11.
Defendant knows that Defendant may be fined or sanctioned by the court if this certification is false.
2. Under Minn. Stat. § 358.116, Defendant declares under penalty of perjury that everything Defendant has stated in this document is true and correct.
____________________________________ Date |
____________________________________ Defendant or Defendant’s Attorney or Agent |
County and State Where Document Is Signed _____________________________________ County _____________________________________ State |
____________________________________ ____________________________________ Address ____________________________________ Phone |