Housing Eviction Hypotheticals Ramsey County Housing Clinic   July 19, 2018 Lawrence R. McDonough Pro Bono Counsel Dorsey & Whitney LLP Suite 1500, 50 South Sixth Street Minneapolis, MN 55402-1498 P: 612.492.6795 F: 612.677.3220 Mcdonough.Lawrence@dorsey.Com

I. Nonpayment of Rent Eviction Complaint form http://www.mncourts.gov/mncourtsgov/media/CIOMediaLibrary/PublicForms/Housing__Landlord-Tenant/Eviction/HOU102_Dist4_Eviction_Action_Complaint_Form.pdf Complaint claims 1. Written lease for Minneapolis property began two months ago on the 1st , for one year, with rent $1000 2. Identity of business landlord 3. Landlord disclosed address in lease 4.a. Grounds: tenant owes $500 for this month, $80 in late fees, $299 filing fee, $100 service fee 5. Landlord requests possession of property No attachments

I. Nonpayment of Rent Eviction Interview with client 1. Service: personal service 8 days before the court hearing by professional process server 2. Facts in complaint ¶1 Correct ¶2 Correct ¶3 Correct ¶4 Correct ¶5 Correct

I. Nonpayment of Rent Eviction 3. Questions (always ask in a rent case) a. Have the rent? b. Habitability i. Conditions ii. Government or utility inspections c. Landlord license or certificate of occupancy i. Ask tenant ii. For Saint Paul, check website https://www.stpaul.gov/departments/safety-inspections

I. Nonpayment of Rent Eviction 4. Explain eviction and writ process a. Description is at http://povertylaw.homestead.com/files/Reading/Residential_Eviction_Defense_in_Minnesota.htm#TOC1_7 b. Want to move? c. Settlement

I. Nonpayment of Rent Eviction Use answer to guide questions and determine issues 1. Answer form A1 for private housing: the most common http://povertylaw.homestead.com/files/Reading/a1private.pdf 2. Other answer forms http://povertylaw.homestead.com/ResidentialUnlawfulDetainer.html#anchor_10

I. Nonpayment of Rent Eviction Answer Form http://povertylaw.homestead.com/files/Reading/a1private.pdf A. General 1. Admit 1, 2, and 3 2. Deny 4 (if there are any defenses) 3. Blank Note: No need to respond to complaint ¶5 B. Tenancy 1. Private term lease

I. Nonpayment of Rent Eviction C. Service Nothing D. Preconditions

I. Nonpayment of Rent Eviction 3.a. Habitability List problems Attach any inspection reports 4. License Attach license print out Attach Beaumia v. Eisenbraun http://povertylaw.homestead.com/ResidentialUnlawfulDetainer.html#anchor_10 7.b.ii. Late fee Higher than 8% of unpaid rent 8.a. Part payment of rent Landlord claims only $500 due of $1000 rent When paid, amount, any receipt, and any lease provision?

I. Nonpayment of Rent Eviction F. Holding over Nothing G. Breach

I. Nonpayment of Rent Eviction H. Relief 1. Dismissal 3. Habitability abatement 9. Rent c. or d. 11. Time to move 12. Costs 13. Expungement a. Statute b. Common law d. Timing 16. Attorney’s fees a. Landlord b. Tenant: Check lease for provision benefiting landlord as statute creates reciprocal claim for tenant

I. Nonpayment of Rent Eviction Tenant does not need an answer, but will need advice and script. If using an answer, tenant can sign answer, no notary needed. If attorney signs answer, attorney will have to e-file it, causing a delay for the court to receive it. Filing an answer will require a filing fee or fee waiver. http://povertylaw.homestead.com/IFP.html

I. Nonpayment of Rent Eviction Prepare tenant for hearing and settlement 1. Hearing a. Dismissal b. Scheduling trial 2. Settlement a. Do not settle for worse than a loss b. Explain again the eviction and writ process

II. Notice Eviction Complaint form http://www.mncourts.gov/mncourtsgov/media/CIOMediaLibrary/PublicForms/Housing__Landlord-Tenant/Eviction/HOU102_Dist4_Eviction_Action_Complaint_Form.pdf Complaint claims 1. Oral lease for Minneapolis property began six months ago on the 1st , month-to-month, with rent $1000 2. Identity of business landlord 3. Landlord disclosed address in lease 4.b. Grounds: notice to move at the end of the month a couple of months ago, dated the 1st day of that month, notice attached 5. Landlord requests possession of property

II. Notice Eviction Interview with client 1. Service a. Personal service 8 days before the court hearing on babysitter by caretaker b. Check Affidavit of Service on courts website 2. Facts in complaint ¶1 Correct ¶2 Incorrect: tenant did not know of business ¶3 Incorrect: oral lease ¶4 Correct ¶5 Correct

II. Notice Eviction 3. Questions (always ask in a notice case) a. Notice details: given and received b. Retaliation: tenant complaints before receiving the notice c. Rent payments since the notice

II. Notice Eviction 4. Explain eviction and writ process a. Description is at http://povertylaw.homestead.com/files/Reading/Residential_Eviction_Defense_in_Minnesota.htm#TOC1_7 b. Want to move? c. Settlement

II. Notice Eviction Use answer to guide questions 1. Answer form A1 for private housing: the most common http://povertylaw.homestead.com/files/Reading/a1private.pdf 2. Other answer forms http://povertylaw.homestead.com/ResidentialUnlawfulDetainer.html#anchor_10

II. Notice Eviction Answer Form http://povertylaw.homestead.com/files/Reading/a1private.pdf A. General 1. Admit 1, 2, and 4 2. Deny 3 (if there are defenses to the notice claim) 3. Blank Note: No need to respond to complaint ¶5 B. Tenancy 2. Month-to-month lease

II. Notice Eviction C. Service 1. Strict compliance 4. Server 5. Service a. and b. D. Preconditions 2.c. Power of authority Check the file since landlord is a business 5. Landlord disclosure: unlikely in an oral lease a. Manager b. Principal 6. Trade name Check https://mblsportal.sos.state.mn.us/

II. Notice Eviction E. Rent Nothing F. Holding over 2.a. Improper notice: short notice 3. Retaliation (if applicable) 4. Waiver (if applicable) G. Breach

II. Notice Eviction H. Relief 1. Dismissal 6. Trade name 11. Time to move 12. Costs 13. Expungement a. Statute b. Common law d. Timing 16. Attorney’s fees b. Tenant: Check lease for provision benefiting landlord as statute creates reciprocal claim for tenant

II. Notice Eviction Tenant does not need an answer, but will need advice and script. If using an answer, tenant can sign answer, no notary needed. If attorney signs answer, attorney will have to e-file it, causing a delay for the court to receive it. Filing an answer will require a filing fee or fee waiver. http://povertylaw.homestead.com/IFP.html

II. Notice Eviction Prepare tenant for hearing and settlement 1. Hearing a. Dismissal b. Scheduling trial 2. Settlement a. Do not settle for worse than a loss b. Explain again the eviction and writ process

III. Breach Eviction Complaint form http://www.mncourts.gov/mncourtsgov/media/CIOMediaLibrary/PublicForms/Housing__Landlord-Tenant/Eviction/HOU102_Dist4_Eviction_Action_Complaint_Form.pdf Complaint claims 1. Written lease for Minneapolis property began six months ago on the 1st , for one year, with rent $1000 2. Identity of individual landlord 3. Landlord disclosed address in lease 4.c. Grounds: tenant violated lease 5. Landlord requests possession of property

III. Breach Eviction Interview with client 1. Service: personal service 8 days before the court hearing by professional process server 2. Facts in complaint ¶1 Correct ¶2 Correct ¶3 Correct ¶4 Incorrect ¶5 Correct

III. Breach Eviction 3. Questions a. Breach (always ask about the breach) 1. Old personal care attendant (PCA) for disabled tenant played loud music two months ago. 2. Tenant fired PCA and hired new one b. Lease (always review the lease) 1. Hand written lease 2. Prohibits noise 3. No provision on eviction for breach 4. Nothing on attorney’s fees

III. Breach Eviction 4. Explain eviction and writ process a. Description is at http://povertylaw.homestead.com/files/Reading/Residential_Eviction_Defense_in_Minnesota.htm#TOC1_7 b. Want to move? c. Settlement

III. Breach Eviction Use answer to guide questions 1. Answer form A1 for private housing: the most common http://povertylaw.homestead.com/files/Reading/a1private.pdf 2. Other answer forms http://povertylaw.homestead.com/ResidentialUnlawfulDetainer.html#anchor_10

III. Breach Eviction Answer Form http://povertylaw.homestead.com/files/Reading/a1private.pdf A. General 1. Admit 1, 2, and 3 2. Deny 4 3. Blank Note: No need to respond to complaint ¶5 B. Tenancy 1. Private term lease

III. Breach Eviction C. Service Nothing D. Preconditions E. Rent F. Holding over

III. Breach Eviction G. Breach 1. Lease not attached 2. Not material 5. No right of reentry 8. Waiver 10. Disability 15. Forfeiture

III. Breach Eviction H. Relief 1. Dismissal 11. Time to move 12. Costs 13. Expungement a. Statute b. Common law d. Timing

III. Breach Eviction Tenant does not need an answer, but will need advice and script. If using an answer, tenant can sign answer, no notary needed. If attorney signs answer, attorney will have to e-file it, causing a delay for the court to receive it. Filing an answer will require a filing fee or fee waiver. http://povertylaw.homestead.com/IFP.html

III. Breach Eviction Prepare tenant for hearing and settlement 1. Hearing a. Dismissal b. Scheduling trial 2. Settlement a. Do not settle for worse than a loss b. Explain again the eviction and writ process

Questions Lawrence R. McDonough Pro Bono Counsel Dorsey & Whitney LLP Suite 1500, 50 South Sixth Street Minneapolis, MN 55402-1498 P: 612.492.6795 F: 612.677.3220 McDonough.Lawrence@Dorsey.com