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-7 (January 2015)
Rural Housing and Community 
Development Service 
(formerly Farmers Home Administration) Subsidized Housing Projects

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.

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.	□	An incident(s) of a domestic violence, dating violence, sexual assault or stalking incident(s) that is directly related to the allegations in this case so the protections of the Violence Against Women Act (VAWA) apply. Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11.  

B.	TYPE OF TENANCY OR OCCUPANCY

	1.	□	Rural Housing and Community Development Service (RHCDS) or Rural Economic Community Development (RECD) (formerly Farmers Home Administration (FmHA)) subsidized housing project. 
	2.	□	RHCDS/RECD (FmHA) Rural Rental Housing (RRH) Program.
	3.	□	RHCDS/RECD (FmHA) Rural Cooperative Housing (RCH) Program.
	4.	□	RHCDS/RECD (FmHA) Labor Housing (LH) Program.
	5.	□	RHCDS/RECD (FmHA) Rental Assistance (RA) Program.
	6.	□	I also have a Section 8 Existing Housing Certificate or Voucher.

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.

	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).

		a.	□	Plaintiff could have found me in the county.
		b.	□	The person does not reside with me.
		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.	□	The court papers were mailed but not posted, or posted but not mailed.
		d.	□	Plaintiff posted the court papers before mailing the court papers or filing the affidavit of mailing.
		e.	□	Plaintiff or Plaintiff’s attorney did not sign the affidavit of mailing.
		f.	□	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.	□	Plaintiff filed an expedited case. The court papers were not served within 24 hours after the summons was issued. Minn. Stat. § 504B.321 (formerly § 566.05).

	8.	□	Other: ___________________________________________________________.

D.	PRECONDITIONS FOR RECOVERY OF THE PREMISES

	1.	□	Plaintiff is using the lease for the Section 8 Housing Choice Voucher Program., and failed to give the eviction notice and/or the court papers to the housing authority. 24 C.F.R. § 982.310(e)(2)(ii). Lease ¶ _____.

	2.	□	Plaintiff is not the person entitled to possession of the building or an authorized management agent. Minn. Stat. § 481.02, subd. 3(13); Minn. Gen. R. Prac. 603.

	3.	□	The person appearing on behalf of Plaintiff does not have a proper power of authority. Minn. Gen. R. Prac. 603.

			a.	□	The person suing on behalf of Plaintiff did not file a power of authority. 
			b.	□	The power of authority was not properly executed: 
					_____________________________________________________.
c.	□	Plaintiff filed a Power of Attorney not specific to this case, not a Rule 603 Power of Authority.  Plaintiff’s agent does not have authority to appear under Rule 603 and may not engage in the unauthorized practice of law. In re the Conservatorship of Riebel, 625 N.W.2d 480, 483 (Minn. 2001).

       4.	□  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 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). See Recommendations of Minnesota Supreme Court Advisory Committee on General Rules of Practice, Final Report, at 5 (Aug. 31, 2009) (attached) (rejected proposal to amend Minn. Gen. R. Prac. 603 to permit corporations to appear in district court eviction action without representation by a licensed attorney, citing Nicollet Restoration, Inc. v. Turnham).

	5.	□	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).

	6.	□	Principal and Address Disclosure. Minn. Stat. § 504B.181 (formerly 504.22).

			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) (attached).

	7.	□	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.

	8.	□	Plaintiff failed to state the facts which authorize recovery of the premises, by failing to state: 
_______________________________________________________________. Minn. Stat. § 504B.321 (formerly 566.05); Minn. Gen. R. Prac. 604(a).

9.	□	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 actual or threatened domestic violence, dating violence, sexual assault or stalking that Violence Against Women Act (VAWA) prohibits as a basis for eviction. . Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11.

	10.	□	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.

11.	□	I am a military service member or active National Guard member covered by the Servicemembers Civil Relief Act. 50 App. U.S.C.A §§ 501-594.

	12.	□	Other: ___________________________________________________________.

E.	HOLDING OVER CASES

	1.	□	Proper Notice was required before filing this action. 7 C.F.R. § 3560.159.

	2.	□	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. 604(c).

	3.	□	Plaintiff did not give me a proper notice of lease violation before giving me a lease termination notice. 7 C.F.R. § 3560.159(a).

			a.	□	Plaintiff did not give written notice.
			b.	□	The notice did not state how I violated the lease.
			c.	□	The notice did not give me a reasonable amount of time to correct the violation.

	4.	□	Plaintiff did not give me proper notice to end my lease. 7 C.F.R. § 3560.159(b); Hoglund-Hall v. Kleinschmidt, 381 N.W.2d 889 (Minn. Ct. App. 1986).

			a.	□	Plaintiff did not give me written notice before filing this action.
			b.	□	The notice did not state all of the following: (1) a specific date by which lease termination will occur; (2) a statement of the basis for lease termination with specific reference to the provisions of the lease or occupancy rules; and (3) a statement explaining the conditions under which the borrower may initiate judicial action to enforce the lease termination notice.

		c.	□	Plaintiff did not give 12 month notice to me. 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.

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

	6.	□	Plaintiff may not evict me without cause. 7 C.F.R. § 3560.159(a).

	7.	□	Plaintiff did not allow me to review Plaintiff's file and copy information from it. 7 C.F.R. § 3560.160(g)(4).

	8.	□	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 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 my protected activity. Parkin v. Fitzgerald, 307 Minn. 423, 240 N.W.2d 828 (1976).

	9.	□	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. See Minn. Stat. § 504B.291 (formerly § 504.02); Pappas v. Stark, 123 Minn. 81, 83, 142 N.W. 1042, 1047 (1913).

	10.	□	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.

	11.	□	Other: ___________________________________________________________.

F.	NONPAYMENT OF RENT CASES

	1.	□	Proper notice was required before filing this action. 7 C.F.R. § 3560.159. See Holding Over Cases Defenses, Section E, supra.

	2.	□	Plaintiff alleges nonpayment of rent and material lease violations. I do not have to pay rent into court. The court must consider the lease violations claim before considering the nonpayment of rent claim. Minn. Stat. § 504B.285, subd. 5 (formerly § 566.03, subd. 5).

	3.	□	Domestic Violence: Federal Violence Against Women Act: and State Law:

			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.  
					Violence Against Women Reauthorization Act of 2013, 42 U.S.C. 
					§ 14043e-11.
b.	□	The rent the Plaintiff is trying to collect from me incorrectly includes 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.  Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11
		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. Violence Against Women Reauthorization Act of 2013, 
				42 U.S.C. § 14043e-11.
		d.	□	I or another tenant or authorized occupant in my household has 
				been a victim of domestic abuse, criminal sexual conduct, or stalk-
				ing. Minn. Stat. §§ 504B.285, Subd. 1 (b); 504B.206, Subd. 1 (a). I 
				ended my lease as required by Minn. Stat. § 504B.206 (2014) so I 
				do not have any rent obligation to the Plaintiff after 
				____________________(date in notice ending tenancy).

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

	5.	□	Habitability:

			a.	□	Plaintiff has violated the covenants of habitability 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. Minn. Stat. § 504B. 161 (formerly § 504.18); Fritz v. Warthen, 213 N.W.2d 339, 341-42 (1973); 7 C.F.R. § 3560.156(c)(18)(x).
			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 constitute constructive eviction).

	6.	□	My city code requires landlords to have a rental license. My landlord does/did not have a license and cannot collect rent for the period where the landlord did not have a license. Beaumia v. Eisenbraun, No. A06-1482, 2007 WL 2472298 (Minn. Ct. App. Sep. 4, 2007) (unpublished, attached).

	7.	□	I 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 (formerly § 504.185).

	8.	□	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. Minn. Stat. § 504B.215 (formerly § 504.185). I request that the court:

a.	□	reduce my past rent, beginning in        , 19   , and reduce future rent until Plaintiff follows the law. Minn. Stat. § 504B.215 (formerly § 504.185), § 504B.161 (formerly § 504.18); Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973);
			b.	□	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).

	9.	□	Rent recertification. 7 C.F.R. § 3560.153.

			a.	□	Plaintiff did not properly calculate my income and rent. 
			b.	□	Plaintiff improperly terminated the government subsidy and increased my rent. 
			c.	□	Plaintiff did not offer me a reasonable payment plan for corrected past rent.

	10.	□	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 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.

			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, 832 N.W.2d 868 (Minn. Ct. App. 2013), cert. granted (Minn. 2013).

			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.	
iii.	□	I also have a Section 8 voucher. Plaintiff is charging illegal side payments. 24 C.F.R. § 982.451.	

	11.	□	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.

	12.	□	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.

	13.	□	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.

	14.	□	Other: ___________________________________________________________.

G.	BREACH OF LEASE CASES

	1.	□	Proper notice was required before filing this action. 7 C.F.R. § 3560.159. See Holding Over Cases Defenses, Section E, supra.

	2.	□	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).

	3.	□	Domestic Violence: Federal Violence Against Women Act: and State Law:

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. Violence Against 
	Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11.
b.	□	Plaintiff’s alleged breach(es) are the result of domestic violence, 
	dating violence, sexual assault or stalking so they are not (1) seri-	ous or repeated violation(s) of the lease, (2) material violation(s) of 
	the lease, or (3) other good cause. Violence Against Women 
	Reauthorization Act of 2013, 42 U.S.C. § 14043e-11.
		c.	□	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).

	4.	□	I have not committed (1) material noncompliance with the lease or (2) other good cause for eviction. 7 C.F.R. § 3560.159(a).

	5.	□	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, attached) (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).

	6.	□	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).

	7.	□	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).

	8.	□	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).

	9.	□	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).

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

	11.	□	I have a disability. Plaintiff did not reasonably accommodate my disability. 7 C.F.R. § 3560.156(c)(6)(ii); 42 U.S.C. § 3604(f)(3); 29 U.S.C. §§ 706, 794; 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).

	12.	□	Plaintiff alleges that I unlawfully allowed unlawful activity (illegal drugs, prostitution related activity, or unlawful use or possession of certain firearms) on the property.

			a.	□	 State Defenses. Minn. Stat. § 504B.171 (formerly § 504.181).

				i.	□	There was no unlawful activity on the property.
			ii.	□	I did not know or have reason to know that there was unlawful activity on the property.
			iii.	□	I could not prevent the illegal drugs from being brought on the property. Minn. Stat. § 609.5317, subd. 3.

			b.	□	Federal Defenses. 7 C.F.R. §§ 3560.159(a)(1)(iii), 3560.156(c)(15).

			i.	□	I, a household member, guest, or person under my control did not admit to and was not convicted for involvement with illegal drugs.
			ii.	□	Illegal drug activity was not conducted at the premises or complex by me, a household member, guest, or someone under my control.
			iii.	□	I took reasonable steps to prevent or control illegal drug activity.
			iv.	□	The person who engaged in the activity is activily seeking, receiving, or has completed drug treatment .
				v.	□	The person who engaged in the activity left the property.

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

	14.	□	Forfeiting my 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.	□	Other: ___________________________________________________________.

H.	REQUEST FOR RELIEF

	1.	□	Dismiss Plaintiff’s Complaint 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.	□	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).

	4.	□	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).

	5.	□	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. Minn. Gen. R. Prac. 612.

	6.	□	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, and award me $250.00 in costs or by setoff. Minn. Stat. § 333.001-333.06.

	7.	□	Continue the hearing for the following reasons: ___________________________.

	8.	□	If I owe rent:

		a.	□	Plaintiff alleged 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 nonpayment of rent and material lease violations. If I did not commit a material lease violation but I owe rent, give me 7 days to pay. Minn. Stat. § 504B.285 (formerly § 566.03).
		c.	□	Give me __________ days to pay it. 614 Co. v. D.H. Overmayer, 297 Minn. 395, 398, 211 N.W.2d 891, 893 (1973). (affirmed 30 day extension to pay rent).
		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).

	9.	□	Under the Servicemembers Civil Relief Act, stay of the action for 90 days, unless equity requires a shorter or longer stay, or adust the obligations under the lease to preserve the interests of all parties. 50 App. U.S.C.A §§ 501-594. 

10.	□	Under the Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11: 

			a.	□	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.
			b.	□	Evict Defendant _____________________________________, the abuser/attacker/stalker, but do not evict me or the rest of my household.
			c.	□	Order Plaintiff to evict  ______________________________, the abuser/attacker/stalker, but do not evict me or the rest of my household.
			d.	□	Order Plaintiff to execute a new lease with me that does not include _________________, the abuser/attacker/stalker, in the household.  If Plaintiff has not established my eligibility for this housing program, order Plaintiff to allow me to establish eligibility.  If I cannot establish eligibility for this housing program, then Plaintiff must provide me with a reasonable time to find new housing. 
			e.	□	Order Plaintiff to recertify/recalculate my rent without the income of the abuser/attacker/stalker and is no longer a member of my household.
			f.	□	Seal any information in this court file that contains information 
					about any incidents of domestic violence, dating violence, sexual 
					assault or stalking, including my address, so it is not accessible to 
					anyone but court employees, me or Plaintiff for the purposes of this 
					court action.  

	11.	□	If I lose, give me seven days to move. Minn. Stat. § 504B.345 (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.

	12.	□	Costs and Disbursements:

		a.	Upon discontinuance or dismissal or when judgment is rendered in my favor on the merits, award me mandatory costs of $200.00. Minn. Stat. § 549.02; HNA Properties v. Moore, 848 N.W.2d 238 (Minn. Ct. App. 2014).
		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, document, 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.
		e.	Do not award costs and disbursements to Plaintiff.

	13.	□	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 inherent authority to expunge this file. State v. C.A., 304 N.W.2d 353 (Minn. 1981); Minn. Stat. § 504B.345, Subd. 1 (c)(2). 
			c.	□	The court may expunge this file at the time judgment is entered or 
					after that time. Minn. Stat. § 504B.345, Subd. 1 (c)(2).

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

	15.	□	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 Plaintiff’s or the landlord’s attorneys, so I am entitled to attorney fees if I prevail. Minn. Stat. §  504B.172.

	16.	□	Other:____________________________________________________________.

Defendant(s) acknowledges the following. Defendant(s) believes that the information contained in this document is well grounded in fact and is warranted by law. Defendant(s) is not a frivolous litigant. Defendant(s) is not serving or filing this document for an improper purpose. Defendant(s) understand that if Defendant(s) mislead the court or if Defendant(s) serve or file this document for an improper purpose, the court can order Defendant(s) to pay money to the other party, including the reasonable expenses incurred by the other party because of the serving or filing of this document, court costs, and reasonable attorney fees.

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Date	____________________________________
Tenant/Tenant’s Attorney or Agent
	
OPTIONAL VERIFICATION:

Subscribed and sworn to before me
on __________________________
__________________________________ Notary Public/
Deputy Court Administrator	____________________________________

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Address

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Phone