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-7 
(Nov. 2023)
Rural Housing 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.

A0.	THRESHOLD PANDEMIC DEFENSE

	1.	□	 under the .

			a.	□	The property is a . The landlord may not evict a tenant except on a 30-day notice. This provision is not limited to nonpayment of rent and has no expiration date.
			b.	□	The landlord did not comply with the notice requirement.
c.	□	See , infra.

A.	GENERAL ANSWER

	1.	□	I admit the facts in these paragraphs of the complaint: _____________________
	2.	□	I deny the facts in these paragraphs of the complaint: ______________________
	3.	□	I cannot admit or deny these paragraphs of the complaint: __________________ 
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 fo 2022 (VAWA) apply. ; 24 C.F.R. §§ 5.2005:

B.	TYPE OF TENANCY OR OCCUPANCY

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

C.	SERVICE

	1.	□	 (formerly § 566.06) requires , 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  before the court hearing.  (formerly § 566.06).

	3.	□	The court papers were delivered on a legal holiday. .

	4.	□	The person who delivered the court papers is the named-Plaintiff, or is another person who is  in the case. ; Lewis v. Contracting Northwest, Inc., 413 N.W.2d 154, 155 (Minn. Ct. App. 1987).

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

	a.	□	Plaintiff could have found me in the county.
	b.	□	The person does not reside with me. Jaeger v. Palladium Holdings, LLC, 884 N.W.2d 601 (Minn. 2016).
	c.	□	The person is not of suitable age and discretion.
	d.	□	The person was not at my residence when the court papers were delivered.

	6.	□	Plaintiff improperly used .  (formerly § 566.06); Koski v. Johnson, 837 N.W.2d 739 (Minn. Ct. App. 2013) ().

	a.	□	Plaintiff could have found me in the county.
	b.	□	Plaintiff did not try personal service twice on different
			days, once between 6:00 p.m. and 10:00 p.m.
	c.	□	Plaintiff mailed the court papers before attempting personal service twice on different days.
	d.	□	The court papers were mailed but not posted or posted but not mailed.
	e.	□	Plaintiff posted the court papers before mailing the court papers or filing the affidavit of mailing.
	f.	□	Plaintiff or Plaintiff’s attorney did not sign the affidavit of mailing.
	g.	□	Plaintiff or Plaintiff’s attorney did not sign the affidavit of Plaintiff stating I could not be found or was not in the state.

	7.	□	Hennepin and Ramsey Housing Courts: Plaintiff failed to  by 3:00 p.m., three days before the hearing, excluding intervening Saturdays, Sundays or legal holidays. .

	8.	□	Plaintiff filed an expedited case. The court papers were not served within 24 hours after the summons was issued.  (formerly § 566.05).

	9.	□	Other: ___________________________________________________________.

D.	PRECONDITIONS FOR RECOVERY OF THE PREMISES

Federal Law

	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. . Lease ¶ _____.

	2.	□	Violence Against Woman Act of 2022 (VAWA) (#b Required for All Complaints), , 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 actual or threatened domestic violence, dating violence, sexual assault or stalking that Violence Against Women Act (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 () so this matter must be dismissed. Id.,  (notice and form); .

3.	□	I am a military service member or an active National Guard member covered by the Servicemembers Civil Relief Act., .

	4.	□ 	My lease was terminated due to conditions which were beyond my control, such as a condition related to required repair or rehabilitation of the building, or a natural disaster, and I was not provided benefits under the Uniform Relocation Act or an opportunity to request a  from the Rural Housing Service.

	5.	□	Other: ____________________________________________________________.

	Minnesota Law

	6.	□	Plaintiff is not  of the building or an authorized management agent.

			a.	□	.
			b.	□	Hennepin and Ramsey Housing Courts: .

	7.	□	The person appearing on behalf of Plaintiff does not have a . 

			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. 

	8.	□	Outside of Hennepin and Ramsey Housing Courts: Plaintiff, the landlord, the lessor, or the management company is a corporation or a similar entity and  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 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. 

	9.	□	Plaintiff or Plaintiff's agent is engaging in  by charging a separate fee for representing the owner in this case. .

	10.	□	.  (formerly 504.22). Where a statute recites preconditions for commencement of an action, facts establishing compliance must be pleaded. Biron v. Bd. of Water Comm'rs, 43 N.W. 482 (Minn. 1889).

			a.	□	I did not know the names of the manager of the building and person authorized to accept service of process and addresses at which they could be served 30 days before filing this case. 
			b.	□	I did not know the identity of the principal of the property. Trilogy Properties of MN LLC v. Gilmer, No. 27-CV-HC-11-7635 (Minn. Dist. Ct. 4th Dist. Dec. 16, 2011).

	11.	□	Plaintiff, the landlord, the lessor, or the management company is a business which did not comply with the Secretary of State , entitling me to $250.00 in costs or by set off. .

	12.	□	Plaintiff failed to , by failing to state: _____________________________________________________ ___________________________________________________________________________________________________________________________________. 
			a.	□	 (formerly 566.05). Compare . Where a statute recites preconditions for commencement of an action, facts establishing compliance must be pleaded. Biron v. Bd. of Water Comm'rs, 43 N.W. 482 (Minn. 1889).
			b.	□	Hennepin and Ramsey Housing Courts:  .

	13.	□	Plaintiff is a landlord of a residential building with 12 or more residential units but failed to provide a written lease. .

	14.	□	The lease ¶ _____ requires Plaintiff to give  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 , infra.

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

	16.	□	Other: ___________________________________________________________.

E.	HOLDING OVER CASES

	Federal Law

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

	1.	□	Proper Notice was required before filing this action. .

	2.	□	Plaintiff did not give me a proper notice of lease violation before giving me a lease termination notice. .

			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.

	3.	□	Plaintiff did not give me proper notice to end my lease. ; 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. .

				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.

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

	5.	□	Plaintiff may not evict me without cause. .

	6.	□	Plaintiff did not allow me to review Plaintiff's file and copy information from it. .

	8.	□	Violence Against Woman Act (VAWA) (#b Required for All Notices), , 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 () so this matter must be dismissed. Id.,  (notice and form); .

	9.	□	Other: ____________________________________________________________.

	State Law

	10.	□	Hennepin and Ramsey Housing Courts:  Plaintiff alleges holding over after notice. Plaintiff  to the complaint. Plaintiff must provide a copy of the notice to me at the hearing. .

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

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

b.	□	The lease requires __________ days’ notice.

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

			e.	□	I am a tenant at will and the tenancy has no fixed rental period.  . Plaintiff must provide  to terminate the tenancy. .  

			f.	□	Plaintiff cannot give me a notice to vacate for a time period that is shorter than the time period that the lease provides for the tenant to give notice of an intent to quit the premises. . 

	12.		□	I live in Brooklyn Center in an affordable housing unit that rents for an amount that is affordable to households at or below  as determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area. . 

			a.	□	Plaintiff did not have good cause to terminate or not renew the lease. . 

			b.	□	Plaintiff failed to give proper written notice before filing this eviction action.  as amended and effective April 4, 2022.

				(1)	□	Nonpayment of rent claims

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

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

						(i)	□	Name, mailing address, and phone number of person authorized to receive rent and fees on behalf of the owner;
						(ii)	□	Total amount of money the tenant owes to owner along with a specific accounting, 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  and information about accessing legal help by visiting ;

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

				(2)	□	Breach of lease claims

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

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

						(i)	□	Name, mailing address, and phone number of the owner;
						(ii)	□	Description of specific conduct that is a 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  and information about accessing legal help by visiting ; 
						(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)	□	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  and information about accessing legal help by visiting ; 
						(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).

	13.	□	:

a.	□	Plaintiff’s notice for me to move was  under  (formerly § 566.03), §  (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 gover
nmental 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 unmot
ivated by my protected activity. Parkin v. Fitzgerald, 307 Minn. 423, 240 N.W.2d 828 (1976).

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

	14.	□	Plaintiff  to end my lease or is estopped from enforcing it by:

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

b.	□	Demanding rent in this case. In enacting  (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,  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.  (formerly § 504.02).

	15.	□	Plaintiff is  against me as a member of a protected class. Barnes v. Weis Management Co., 347 N.W.2d 519, 522 (Minn. Ct. App. 1984); ; .

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

			a0.	□	I have  to Plaintiff’s claim of title to the property. Real Estate Equity Strategies, LLC v. Jones, 720 N.W.2d 352 (Minn. Ct. App. 2006); Lilyerd v. Carlson, 499 N.W.2d 803, 807, 812 (Minn. Ct. App. 1993); Minn. Stat. § 504B.121.

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

c.	□	I am a  whose mortgage was foreclosed. .

				i.	□	My lease began after the date the mortgage was executed and prior to the expiration of the redemption period. The immediate successor in interest must provide at least 90 days’ written notice to vacate, given no sooner than the expiration of the redemption period, and effective no sooner than 90 days from the expiration of the redemption period.
				ii.	□	I have a bona fide lease that extends more than 90 days beyond the date the redemption period expires. I am not a child, spouse, or parent of the mortgagor, my lease resulted from an arms-length transaction, my rent is not substantially less than fair market rent, and there is no new owner who will occupy the property as a primary residence. I can stay until the end of the lease term. 

			d.	□	I am a whose contract for deed was canceled. Plaintiff did not give me a two-month written notice before filing this action. .

	17.	□	Other: ___________________________________________________________.

F.	NONPAYMENT OF RENT CASES

	Federal Law

	1.	□	Proper notice was required before filing this action. . See , supra.
	2.	□	Domestic Violence: Violence Against Women Act of 2022 (VAWA), , et seq.; 24 C.F.R. § 5.2005:

			a.	□	Plaintiff has alleged I owe charges for damage that is the result of 
					domestic violence, dating violence, sexual assault or stalking.  
					These charges are not a legal basis to terminate my tenancy.
			b.	□	The rent the Plaintiff is trying to collect from me incorrectly 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.
			c.	□	The rent has not been paid as a result of domestic violence, dating violence, sexual assault or stalking so cannot be the basis to evict me.
			d.	□	See state law defense, infra, at F.19.

	3.	□	:

			a.	□	Plaintiff has violated the habitability law by not making repairs, including but not limited to: 
					____________________________________________________. 
I request that the court reduce my past rent and reduce future rent until repairs are completed. .

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

	4.	□	  Rent recertification. .

			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.

	5.	□	Other: ____________________________________________________________.

	State Law

	6.	□	Local Ordinances

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

				i.	□	Plaintiff did not provide me with a 14-day prefiling notice.
				ii.	□	Plaintiff's prefiling notice was not in writing.
				iii.	□	Plaintiff did not deliver the notice personally or by first-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 I failed to pay the total amount due or failed to vacate.

			b.	□	I live in St. Louis Park and Plaintiff did not comply with the notice requirement of .

				i.	□	Plaintiff did not provide me with a 7-day prefiling notice.
				ii.	□	Plaintiff's prefiling notice was not in writing.
				iii.	□	The Owner or an agent of the Owner did not deliver the notice personally, by first-class mail to the address of the leased premises, or by email to the residential tenant at the residential tenant's email address on file.
				iv.	□	Plaintiff's prefiling notice did not include the total amount due.
				v.	□	Plaintiff's prefiling notice did not include a specific 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 disclaimer that a low-income tenant may be eligible for financial assistance.
				viii.	□	Plaintiff's prefiling notice did not provide a description of how to access legal and financial assistance.
				ix.	□	Plaintiff's prefiling notice did not state that the landlord may bring an eviction action following expiration of the 7-day notice period if I failed to pay the total amount due or failed to vacate.

			c.	□	I live in Brooklyn Center in an affordable housing unit and Plaintiff failed to give proper written notice before filing this eviction action.  as amended and effective April 4, 2022. See , supra.

			d.	□	For other defenses to notices, see , supra.

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

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

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

	9.	□	:

			a.	□	Plaintiff has violated the covenants of habitability, health, and safety.  I ask the Court to reduce past rent and reduce future rent until repairs are completed. ; Fritz v. Warthen, 213 N.W.2d 339, 341-42 (1973).  Plaintiff's health and safety violations include, but are not limited to, the following issues: _______________________________________________________________________________________________________________________________________________________________________________________________________________________. Tenants are  of habitability violations to assert a habitability defense to an eviction action for nonpayment. Ellis v. Doe, 915 N.W.2d 24 (Minn. Ct. App.  2018).

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

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

	10.	□	.

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

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

	11.	□	.

			a.	□	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.  (formerly § 504.185).

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

				i.	□	Reduce my past rent, beginning in _______________, and reduce future rent until Plaintiff follows the law. Minn. Stat. § 504B.215 (formerly § 504.185), § 504B.161 (formerly § 504.18); Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973);
				ii.	□	Award me treble damages or $500, whichever is greater, and reasonable attorney's fees.  (formerly § 504.185),  (formerly § 504.26).

	12.	□	Plaintiff is charging .

			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 :

				i.	□	We did not agree to the late fee in writing.
				ii.	□	The late fee is more than 8% of the overdue rent payment. Housing and Redevelopment Authority of Duluth v. Lee, 852 N.W.2d 683 (Minn. 2014).

			c.	□	For all late fees:

		i.	□	Plaintiff waived the requirement of prompt rent payment by accepting late payments without objection. See Cobb v. Midwest Recovery Bureau Co., 295 N.W. 2d 232, 237 (Minn. 1980) (repossession).
		ii.	□	No late fee is due because I had a proper reason to withhold my rent.	

	13.	□	Plaintiff  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.  (formerly § 504.02).
b.	□	Accepting rent for later months. Id.
	14.	□	Plaintiff has waived the right to enforce a term or condition of the lease, or is estopped from demanding the rent alleged to be due in this eviction because I reasonably relied on Plaintiff's conduct, to my detriment. Pollard v. Southdale Gardens of Edina Condo. Ass'n., 698 N.W.2d 449 (Minn. Ct. App. 2005); Hydra-Mac, Inc. v. Onan Corp., 450 N.W.2d 913, 919 (Minn. 1990).

	15.	□	Plaintiff did not give me receipts for rent paid in cash. . The court should abate my rent as a penalty for violating the statute and dismiss this action.

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

	17.	□	I am a .

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

			b.	□	I am a tenant in the last month of the foreclosure redemption period and may withhold rent and have the deposit cover it. .

	18.	□	I or a household member is a  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. .

	19.	□	Domestic Violence under State Law: 

			a.	□	I or another tenant or authorized occupant in my household has been a victim of domestic abuse, criminal sexual conduct, or stalking. . I ended my lease as required by Minn. Stat. § 504B.206 so I do not have any rent obligation to the Plaintiff after _______________ (date in notice ending tenancy).
			b.	□	See Federal law defense, supra, at F.2.

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

	21.	□	Other: ___________________________________________________________.

G.	BREACH OF LEASE CASES

	Federal Law

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

	1.	□	Proper notice was required before filing this action. . See , supra.

	2.	□	Domestic Violence: Violence Against Women Act of 2022 (VAWA), , 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.

	3.	□	I have not committed (1) material noncompliance with the lease or (2) other good cause for eviction. .

	4.	□	I have a disability. Plaintiff did not reasonably accommodate my disability. ; ; , ; Douglas v. Kriegsfield Corp., 884 A.2d 1109 (D.C. Ct. App. 2005); ; Schuett v. Anderson, 386 N.W.2d 249, 253 (Minn. Ct. App. 1986).

	5.	□	Plaintiff alleges that I unlawfully allowed unlawful activity on the property. Federal Defenses. , .

a.	□	I, a household member, guest, or person under my control did not admit to and was not convicted for involvement with illegal drugs.
b.	□	Illegal drug activity was not conducted at the premises or complex by me, a household member, guest, or someone under my control.
c.	□	I took reasonable steps to prevent or control illegal drug activity.
d.	□	The person who engaged in the activity is actively seeking, receiving, or has completed drug treatment .
			e.	□	The person who engaged in the activity left the property.
			f.	□	See state law defenses, infra, at G.18.

	6.	□	Other: ___________________________________________________________.

	State Law

	7.	□	Hennepin and Ramsey Housing Courts: Plaintiff alleges breaches of the lease. Plaintiff did not  to the complaint. Plaintiff must provide a copy of the lease to me at the hearing. .

	8.	□	I live in Brooklyn Center in an affordable housing unit.

			a.	□	Plaintiff failed to give proper written notice before filing this eviction action.  as amended and effective April 4, 2022. See , supra.

			b.	□	Plaintiff did not have good caused to terminate or not renew the lease. . 

			c	□	I corrected the breach.

	9.	□	I did not commit a  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).

	10.	□	Plaintiff filed an , 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.  (formerly § 566.05).

	11.	□	Plaintiff did not give me a  before filing this case. This case does not involve disturbing the peace, malicious destruction of property, or illegal drugs.  (formerly § 504.015).

	12.	□	The lease does not contain a . Bauer v. Knoble, 51 Minn. 358, 359, 53 N.W. 805, 805 (1892).

	13.	□	The  and only provides for payment of rent.

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

	15.	□	Plaintiff  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).

	16.	□	Plaintiff is  against me as a member of a protected class. 42 U.S.C. § 3604; .

	17.	□	The lease term is , , an , or .

	18.	□	Plaintiff alleges that I  (illegal drugs, prostitution related activity, or unlawful use or possession of certain firearms) on the property.  (formerly § 504.181).

			a.	□	There was no unlawful activity under  on the property.
b.	□	I did not unlawful activity under  on the property.
			c.	□	I did not know or have reason to know that there was unlawful activity under  on the property.
d.	□	Medical marijuana use is legal under state law. .
			e.	□	“A landlord cannot prohibit a tenant from legally possessing, and a tenant cannot waive the right to legally possess, any cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, or using any cannabinoid product or hemp-derived consumer product, other than consumption by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product.” , amending  (effective Aug 1, 2023).
			f.	□	Controlled substances on the premises or in the common area and curtilage of the premises did not violate of any criminal provision of Minn. Stat. Chapter 152.
			g.	□	See Federal law defenses, supra, at G.5.

	19.	□	Plaintiff is  in response to domestic abuse or any other conduct.  (formerly § 504.215).

	20.	□	The basis of the eviction is that I or another tenant or authorized occupant in my household has been a  of domestic abuse, criminal sexual conduct, or stalking. ; . 

	21.	□	Forfeiting my home would be a , 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).

	22.	□	I have a  for my complaints about material violations by the landlord of state or local law, residential covenants, or the lease. Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (Minn. 2019).

	23.	□	Other: ___________________________________________________________.

H.	REQUEST FOR RELIEF

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

	2.	□	Plaintiff improperly filed an . Dismiss this case and fine Plaintiff $500.  (formerly § 566.05).

	3.	□	Pre-trial relief.

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

			b.	□	Allow Plaintiff to rely only on the  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). 

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

			d.	□	Plaintiff alleged  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.  .

			e.	□	I deny owing all or part the rent alleged to be due by Plaintiff.  There is no basis to require  which was not withheld in reliance on a defense.   (Hennepin and Ramsey Housing Courts).

			f.	□	I am claiming a habitability, health, and safety defense to Plaintiff’s claim of nonpayment rent. Only future rent or security for future rent need be . Fritz v. Warthen, 213 N.W.2d 339, 341-43 (1973);  (Hennepin and Ramsey Housing Courts).

			g.	□	Plaintiff is a business which  with the Secretary of State. Continue the hearing to allow Plaintiff to register its trade name, award me $250.00 in costs or by setoff, , and allow me to credit the award against rent.

			h.	□	I request a stay of this action without bond for 90 days to allow me to file an action to challenge an . . 

			i.	□	Under the , 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. .

	4.	□	Post-trial relief.

			a.	□	Federal law: Under the Violence Against Women Act fo 2022, ; 24 C.F.R. §§ 5.2005:

				i.	□	Order Plaintiff to (1) accept my certification of domestic violence, dating violence, sexual assault or stalking, and (2) withdraw its termination notice and (3) dismiss this action with prejudice.
				ii.	□	Evict Defendant _________________________________, the abuser/attacker/stalker, but do not evict me or the rest of my household.
				iii.	□	Order Plaintiff to evict ____________________________, the abuser/attacker/stalker, but do not evict me or the rest of my household.
				iv.	□	Order Plaintiff to execute a new lease with me that does not include _________________, the abuser/attacker/stalker and a new Housing Assistance Payment Contract with the Section 8 Program that will be provided by the Housing Authority that does not include ___________________, the abuser/attacker/stalker.  
				v.	□	Seal any information in this court file that contains information about any incidents of domestic violence, domestic abuse violence, sexual assault or stalking, including my address, so it is not accessible to anyone but court employees, me or Plaintiff for the purposes of this action.  

			b.	State law

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

				ii.	□	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);  (formerly § 504.18).

				iii.	□	Abate (reduce) the rent claimed by Plaintiff and abate (reduce) the future rent until Plaintiff stops  on the property. See  (formerly § 504.181).

				iv.	□	Plaintiff violated the  statute. Abate my rent and award me treble damages or $500, whichever is greater, and reasonable attorney's fees.  (formerly § 504.185),  (formerly § 504.26).

				v.	□	 compensatory damages or $10,000, whichever is greater. , .

				vi.	□	: If I owe rent:

			(a)	□	Plaintiff alleged  of nonpayment of rent and holding over after notice. Allow me to pay the rent and keep my home.  (formerly §  504.02).

			(b)	□	Plaintiff alleged  for nonpayment of rent and material lease violations. If I did not commit a material lease violation but I owe rent, give me 7 days to pay.  (formerly § 566.03).

			(c)	□	Give me __________ days to pay it. There is  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).

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

				vii.	□	:

					(a)	□	Upon discontinuance or dismissal or when judgment is rendered in my 
favor on the merits, award me mandatory costs of $200.00. ; 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). : ___________________________________________________________________________________.

						(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. ; HNA Properties, supra at ¶12.a.

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

				viii.	□	:

					(a)	□	Do not award Plaintiff attorney fees beyond $5.00 in a nonpayment of rent case.  (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. .

				ix.	□	 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. .

					(b)	□	The court has  to expunge this file. . See State v. C.A., 304 N.W.2d 353 (Minn. 1981).

					(c)	□	This case involved a foreclosed mortgage or cancelled contract for deed and under , 

						(1)	□	I moved before Plaintiff filed this case, or
						(2)	□	I am a tenant and did not receive a proper lease termination notice under . 

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

				x.	□	If I lose:

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

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

I.	CERTIFICATIONS

	1.	Under , I certify that, to the best of my knowledge:

			a. 	this document is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
			b. 	the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, 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 .

I know that I may be fined or sanctioned by the court if this certification is false.

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

____________________________________
Date	____________________________________
Tenant/Tenant’s Attorney or Agent	
County and State Where Document Is Signed

_____________________________________
County

_____________________________________
State	____________________________________

____________________________________
Address

____________________________________
Phone