Washington County Law Library & Washington County Bar Association

Washington County Law Library & Washington County Bar Association
Residential Landlord and Tenant Law: Tips from Over 30 Years in the Trenches Washington County Law Library & Washington County Bar Association Wednesday December 14, 2016

Lawrence McDonough Pro Bono Counsel Dorsey and Whitney, LLP Suite South Sixth Street Minneapolis, MN P: , F:

Topics Housing Law Materials Evictions: Summary, Preconditions, Service, the Writ, and Defenses Expungement Lockouts Trespass Privacy Evicting Friends and Relatives Habitability Lease Language Settlements Elder Housing Issues Hotels and Shelters Deposits

Housing Law Materials Housing Law in Minnesota: Residential Eviction Defense in Minnesota, and Other Housing Law Materials By Lawrence R. McDonough ner.html Housing Law Links Law Help

Evictions: Summary Residential Eviction Defense in Minnesota Lawrence R. McDonough Summary of Unlawful Detainer (Eviction) Actions and Court Procedure _Eviction_Defense_in_Minnesota.htm#TOC1_6

Service The defendant must be served at least seven days before the initial hearing, either by personal or substitute service. Service should be carefully scrutinized, since Minn. Stat. § 504B.331 (formerly § ) requires strict compliance in service, not merely substantial compliance.

Trial At trial, the plaintiff has the burden of proof by preponderance of the evidence, and the defendant may raise numerous statutory and common law defenses. If the tenant prevails, the landlord may not evict the tenant at this time. If the landlord prevails, the court may immediately issue a Writ of Recovery, or stay issuance of the Writ for up to seven days.

Enforcing the Writ The landlord then must arrange for the sheriff or police to deliver the Writ, which is a 24-hour eviction notice. If the tenant does not move, the landlord must schedule an eviction of the tenant with the sheriff or police. The landlord must store the tenant's property, either on site for 28 days (formerly 60 days), or with a storage company for 60 days. The court has common law and statutory power of expunge or seal court files.

Judge Review and Appeal
Either party may appeal from entry of judgment, within 15 days of entry of judgment, expanded in 2013 from 10 days. If the case was heard by a referee in the Second or Fourth Judicial Districts (Ramsey and Hennepin counties), a party may request district court judge review of the decision, but should request stay or vacation of entry of judgment pending review to preserve the right to appeal.

Eviction Statutes Chapter 504B. Landlord and Tenant .revisor.mn.gov/statutes/?id=504B

Preconditions before Filing
Disclose the names and addresses of the authorized manager of the premises and the owner or agent authorized to accept service, at least 30 days before the issuance of the summons. Minn. Stat. § 504B.181 (formerly § ). _Eviction_Defense_in_Minnesota.htm#TOC1_64

Preconditions before Filing
Give notice when required. Periodic tenancies: Minn. Stat. § 504B.135 (formerly § ) _Eviction_Defense_in_Minnesota.htm#TOC1_152 _Eviction_Defense_in_Minnesota.htm#TOC2_89 Follow the lease. _Eviction_Defense_in_Minnesota.htm#TOC1_221

Service Minn. Stat. § 504B.331 Summons; How Served 7 days Personal service Substitute service on another person: (1) If the defendant cannot be found in the county, (2) leaving a copy at the defendant's last usual place of abode (3) with a person of suitable age and discretion (4) residing there; (5) failure of the sheriff to serve the defendant is prima facie proof that the defendant cannot be found in the county.

Service Mail and posting _Eviction_Defense_in_Minnesota.htm#TOC2_31 The statute can be broken down into the following sequence: 1. Defendants cannot be found in the county 2. For residential property, service has been attempted at least twice on different days, with at least one of the attempts between 6:00 p.m. and 10:00 p.m. …

Service 3. A copy of the summons has been mailed to the defendant at the defendant's last address known to the plaintiff. 4. The plaintiff or counsel files an affidavit (1) stating that the defendant cannot be found, or the affiant believes that the defendant is not in the state, and (2) that a copy of the summons has been mailed to the defendant at the defendant's last address known to the plaintiff. Posting the summons in a conspicuous place on the property for not less than one week. The Freund Haus, LLC, v. Doe, No. 27-CV-HC (Minn. Dist. Ct. 4th Dist. July 22, 2014) (Judge Chou); Howard v. Brady, Court File No. 27-HG-CV (Minn. Dist. Ct. 2nd Dist. June 21, 2013) (Judge Van de North).

Service by Whom Service by the plaintiff is improper. Minn. R. Civ. P In Lewis v. Contracting Northwest, Inc., 413 N.W.2d 154 (Minn. Ct. App. 1987), the court explained the reason for precluding parties from serving process: The law has wisely entrusted the decision of disputes between citizens to persons wholly disinterested and free from bias and the acrimony of feeling so frequently, if not uniformly, engendered by litigation; and the same is equally true of the persons selected to execute the process necessary to the adjustment of such disputes. Id. at 155.

Execution of the Writ of Recovery of Premises and Order to Vacate
Minn. Stat. § 504B Subdivision 1.General. (a) The officer who holds the order to vacate shall execute it by demanding that the defendant, if found in the county, any adult member of the defendant's family who is occupying the premises, or any other person in charge, relinquish possession and leave, taking family and all personal property from the premises within 24 hours. (b) If the defendant fails to comply with the demand, then the officer shall bring, if necessary, the force of the county and any necessary assistance, at the cost of the plaintiff. The officer shall remove the defendant, family, and all personal property from the premises and place the plaintiff in possession.

(c) If the defendant cannot be found in the county, and there is no person in charge of the premises, then the officer shall enter the premises, breaking in if necessary, and remove and store the personal property of the defendant at a place designated by the plaintiff as provided in subdivision 3. (d) The order may also be executed by a licensed police officer or community crime prevention licensed police officer.

Subd. 2.Priority; execution of priority order. An officer shall give priority to the execution, under this section, of any order to vacate that is based on an eviction action under section 504B.171, or on the basis that the defendant is causing a nuisance or seriously endangers the safety of other residents, their property, or the plaintiff's property.

Subd. 3.Removal and storage of property. (a) If the defendant's personal property is to be stored in a place other than the premises, the officer shall remove all personal property of the defendant at the expense of the plaintiff. (b) The defendant must make immediate payment for all expenses of removing personal property from the premises. If the defendant fails or refuses to do so, the plaintiff has a lien on all the personal property for the reasonable costs and expenses incurred in removing, caring for, storing, and transporting it to a suitable storage place. (c) The plaintiff may enforce the lien by detaining the personal property until paid. If no payment has been made for 60 days after the execution of the order to vacate, the plaintiff may hold a public sale as provided in sections to

(d) If the defendant's personal property is to be stored on the premises, the officer shall enter the premises, breaking in if necessary, and the plaintiff may remove the defendant's personal property. Section 504B.271 applies to personal property removed under this paragraph. The plaintiff must prepare an inventory and mail a copy of the inventory to the defendant's last known address or, if the defendant has provided a different address, to the address provided.

The inventory must be prepared, signed, and dated in the presence of the officer and must include the following: (1) a list of the items of personal property and a description of their condition; (2) the date, the signature of the plaintiff or the plaintiff's agent, and the name and telephone number of a person authorized to release the personal property; and (3) the name and badge number of the officer. (e) The officer must retain a copy of the inventory.

(f) The plaintiff is responsible for the proper removal, storage, and care of the defendant's personal property and is liable for damages for loss of or injury to it caused by the plaintiff's failure to exercise the same care that a reasonably careful person would exercise under similar circumstances.

(g) The plaintiff shall notify the defendant of the date and approximate time the officer is scheduled to remove the defendant, family, and personal property from the premises. The notice must be sent by first class mail. In addition, the plaintiff must make a good faith effort to notify the defendant by telephone. The notice must be mailed as soon as the information regarding the date and approximate time the officer is scheduled to enforce the order is known to the plaintiff, except that the scheduling of the officer to enforce the order need not be delayed because of the notice requirement. The notice must inform the defendant that the defendant and the defendant's personal property will be removed from the premises if the defendant has not vacated the premises by the time specified in the notice.

Subd. 4.Motions concerning removal or storage of personal property. The court hearing the eviction action shall retain jurisdiction in matters relating to removal of personal property under this section. If the plaintiff refuses to return the property after proper demand is made as provided in section 504B.271, the court shall enter an order requiring the plaintiff to return the property to the defendant and awarding reasonable expenses including attorney fees to the defendant. Subd. 5.Penalty; waiver not allowed. Unless the premises has been abandoned, a plaintiff, an agent, or other person acting under the plaintiff's direction or control who enters the premises and removes the defendant's personal property in violation of this section is guilty of an unlawful ouster under section 504B.231 and is subject to penalty under section 504B.225. This section may not be waived or modified by lease or other agreement.

Tenant's Personal Property Remaining in Premises
Minn. Stat. § 504B Subdivision 1.Abandoned property. (a) If a tenant abandons rented premises, the landlord may take possession of the tenant's personal property remaining on the premises, and shall store and care for the property. The landlord has a claim against the tenant for reasonable costs and expenses incurred in removing the tenant's property and in storing and caring for the property. (b) The landlord may sell or otherwise dispose of the property 28 days after the landlord receives actual notice of the abandonment, or 28 days after it reasonably appears to the landlord that the tenant has abandoned the premises, whichever occurs last.

(c) The landlord may apply a reasonable amount of the proceeds of a sale to the removal, care, and storage costs and expenses or to any claims authorized pursuant to section 504B.178, subdivision 3, paragraphs (a) and (b). Any remaining proceeds of any sale shall be paid to the tenant upon written demand. (d) Prior to a sale, the landlord shall make reasonable efforts to notify the tenant of the sale at least 14 days prior to the sale, by personal service in writing or sending written notification of the sale by first class and certified mail to the tenant's last known address or usual place of abode, if known by the landlord, and by posting notice of the sale in a conspicuous place on the premises at least two weeks prior to the sale. If notification by mail is used, the 14-day period shall be deemed to start on the day the notices are deposited in the United States mail.

Subd. 2.Landlord's punitive damages. If a landlord, an agent, or other person acting under the landlord's direction or control, in possession of a tenant's personal property, fails to allow the tenant to retake possession of the property within 24 hours after written demand by the tenant or the tenant's duly authorized representative or within 48 hours, exclusive of weekends and holidays, after written demand by the tenant or a duly authorized representative when the landlord, the landlord's agent or person acting under the landlord's direction or control has removed and stored the personal property in accordance with subdivision 1 in a location other than the premises, the tenant shall recover from the landlord punitive damages in an amount not to exceed twice the actual damages or $1,000, whichever is greater, in addition to actual damages and reasonable attorney's fees.

In determining the amount of punitive damages the court shall consider (1) the nature and value of the property; (2) the effect the deprivation of the property has had on the tenant; (3) if the landlord, an agent, or other person acting under the landlord's direction or control unlawfully took possession of the tenant's property; and (4) if the landlord, an agent, or other person under the landlord's direction or control acted in bad faith in failing to allow the tenant to retake possession of the property. The provisions of this subdivision do not apply to personal property which has been sold or otherwise disposed of by the landlord in accordance with subdivision 1, or to landlords who are housing authorities, created, or authorized to be created by sections to , and their agents and employees, in possession of a tenant's personal property, except that housing authorities must allow the tenant to retake possession of the property in accordance with this subdivision.

Subd. 3.Storage. If the landlord, an agent, or other person acting under the landlord's direction or control has unlawfully taken possession of a tenant's personal property the landlord shall be responsible for paying the cost and expenses relating to the removal, storage, or care of the property. Subd. 4.Remedies additional. The remedies provided in this section are in addition to and shall not limit other rights or remedies available to landlords and tenants. Any provision, whether oral or written, of any lease or other agreement, whereby any provision of this section is waived by a tenant, is contrary to public policy and void. The provisions of this section also apply to occupants and owners of residential real property which is the subject of a mortgage foreclosure or contract for deed cancellation and as to which the period for redemption or reinstatement of the contract has expired.

Eviction Proceedings: Manufactured Home Parks
Subd. 3.Writ of restitution stayed. The issuance of a writ of restitution, other than a conditional writ, shall be stayed for a reasonable period not to exceed seven days to allow the resident to arrange to remove the resident's home from the lot.

Subd. 4.Conditional writ. Where the interests of justice require the court may issue a conditional writ of restitution, which orders the resident and all those in the resident's household to stop residing in the park within a reasonable period not to exceed seven days, but which allows the resident's home to remain on the lot for 60 days for the purpose of an in park sale, as provided in section 327C.07. The writ shall also direct the park owner to notify any party holding a security interest in the resident's home and known to the park owner, of the provisions of the writ.

If the court issues a conditional writ, the resident may keep the home on the lot for 60 days for an in park sale if: (a) neither the resident nor members of the resident's household reside in the park; (b) the resident complies with all rules relating to home and lot maintenance; and (c) the resident pays on time all rent and utility charges owed to the park owner. If the resident fails to meet any of these conditions, the park owner may, on three days' written notice to the resident, move the court for an order making the writ of restitution unconditional. Sixty-one days after the issuance of a conditional writ, the writ shall become absolute without further court action.

Eviction Defenses Residential Eviction Defense in Minnesota Lawrence R. McDonough Tenancies Table Answer Forms ner.html

Motions to Vacate Judgments and Stay or Quash the Writ of Restitution
Residential Eviction Defense in Minnesota Lawrence R. McDonough Motion to Vacate Judgments and Stay or Quash the Writ of Restitution _Eviction_Defense_in_Minnesota.htm#TOC1_231

Eviction of Subtenants
iction_Defense_in_Minnesota.htm#TOC2_7 The writ cannot be enforced against a subtenant who was not a party to the eviction (unlawful detainer) action nor named in the writ of restitution. See Kowalenko v. Haines, No. C (Minn. Ct. App., July 24, 1985) (attached as Appendix 4). In Kowalenko, the petitioner had subleased the apartment from the former tenants. The writ was enforced against the petitioner, pursuant to an unlawful detainer action against former tenants, but not the petitioner. The petitioner was not named in the writ. The court ordered the landlord to return possession of the apartment and petitioners personal property to her, pursuant to Minn. Stat. § 504B.375 (formerly § ).

Expungement Statutory The court may order expungement of an eviction case court file only upon motion of a defendant and decision by the court, if the court finds that the plaintiff's case is sufficiently without basis in fact or law, which may include lack of jurisdiction over the case, that 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. § _Eviction_Defense_in_Minnesota.htm#TOC1_257

Expungement Common Law In 2014 the Minnesota Legislature amended Minn. Stat. § 504B.345, Subd. 1(c)(2), to provide that “the court may expunge the records relating to the action under the provisions of section or under the court's inherent authority at the time judgment is entered or after that time upon motion of the defendant.” _Eviction_Defense_in_Minnesota.htm#TOC1_254

Expungement Slide Shows ner.html Forms ms.html

Lockouts Minn. Stat. § 504B.225 Intentional Ouster and Interruption of Utilities; Misdemeanor Minn. Stat. § 504B.375 Unlawful Exclusion or Removal; Action for Recovery of Possession _Eviction_Defense_in_Minnesota.htm#TOC1_277

Cocchiarella v. Driggs Mary Cocchiarella entered into a lease agreement to rent an apartment from landlord Donald Driggs. She paid the first month’s rent and a security deposit—a not-small amount of $2,400—and expected to move in immediately. But Driggs delayed for several days and gave various reasons why Cocchiarella could not move in. Driggs never allowed her to move in and never refunded her payment or deposit. This is a common practice among slumlords who take rents and deposits from several tenants for the same unit with the expectation that excluded tenants will not take action.

Cocchiarella v. Driggs When Cocchiarella brought an action against Driggs for unlawful exclusion in housing court, the housing court referee dismissed it because Cocchiarella had never actually taken possession of the unit (of course, because she was unlawfully excluded by the landlord!), and thus never satisfied the definition of “residential tenant.” The district court judge and court of appeals agreed.

Cocchiarella v. Driggs The Court ruled in favor of Cocchiarella. It held that the requirement that a “residential tenant” be “a person who is occupying a dwelling” included a person with a present legal right to occupy the dwelling. A major portion of the Court’s reasoning adopted HOME Line’s argument that a physical occupancy requirement would not make sense in light of the way the term “residential tenant” is used in many other instances throughout the housing law. Cocchiarella v. Driggs, No. A (Minn. Aug. 21, 2016).

Tenant Guest and Trespass Rules
Minn. Stat. § iction_Defense_in_Minnesota.htm#TOC1_200 Some landlords have created trespass lists, under which the landlord seeks to exclude from the premises, persons whose names are contained on the list. In a tenancy, it is the tenant who has been given possession which is exclusive even against the landlord, with the only exceptions being the landlord’s right to enter the premises to demand rent or make repairs, or exceptions provided by the lease. Seabloom v. Krier, 219 Minn. 362, ___, 18 N.W. 2d 88, 91 (1945).

It is the tenant who decides who may visit the tenant. The landlord does not have the right to exclude guests of the tenant without a court order, such as a harassment restraining order under Section See State v. Hoyt, 304 N.W.2d 884 (Minn. 1981) (conviction for trespass reversed where guest had claim of right to visit nursing home resident after administrator revoked her privilege to enter the premises). In State v. Holiday, 585 N.W. 2d 68 (Minn. Ct. App. 1998), the police gave the defendant a trespass warning form for trespassing on a Public Housing Authority property. The defendant signed the warning which stated that it applied to all property of the Public Housing Authority. Four days later, the defendant was charged with violating the warning by his presence on another public housing authority property. The Court concluded that the trespass warning could not apply to all of the public housing authority's property, and could apply only to a specific property. The court noted that the ordinance allows a lawful possessor of the property or the possessor's agent to issue a demand to depart.

Since the tenant is the lawful possessor of the property, the police or the housing authority can only serve as agents for the tenant, and since the tenant could not exclude a person from all properties of the public housing authority, neither could the police or the public housing authority as an agent for the tenant. This decision underscores that a guest of a tenant cannot be a trespasser unless the tenant asks the guest to leave and the guest refuses. If a person is on the property and is not a guest of a tenant or the public housing authority, the public housing authority could exclude the person as an agent for all of the tenants. The only legal method for the landlord to exclude a guest of the tenant would be to obtain a restraining order against the guest, such as one available under the harassment statute. However, in some cases, the tenant may be responsible for the actions of a guest of the tenant.

Privacy Minn. Stat. § 504B.211 (formerly § ) efense_in_Minnesota.htm#TOC1_132 Subd. 2. Entry by landlord. Except as provided in subdivision 5, a landlord may enter the premises rented by a residential tenant only for a reasonable business purpose and after making a good faith effort to give the residential tenant reasonable notice under the circumstances of the intent to enter. A residential tenant may not waive and the landlord may not require the residential tenant to waive the residential tenant's right to prior notice of entry under this section as a condition of entering into or maintaining the lease. Subd. 3. Reasonable purpose examples

Privacy Subd. 4. Exception to notice requirement. Notwithstanding subdivision 2, a landlord may enter the premises rented by a residential tenant to inspect or take appropriate action without prior notice to the residential tenant if the landlord reasonably suspects that: (1) immediate entry is necessary to prevent injury to persons or property because of conditions relating to maintenance, building security, or law enforcement; (2) immediate entry is necessary to determine a residential tenant's safety; or (3) immediate entry is necessary in order to comply with local ordinances regarding unlawful activity occurring within the residential tenant's premises.

Privacy Subd. 5. Entry without residential tenant's presence. If the landlord enters when the residential tenant is not present and prior notice has not been given, the landlord shall disclose the entry by placing a written disclosure of the entry in a conspicuous place in the premises. Subd. 6. Penalty. If a landlord substantially violates subdivision 2, the residential tenant 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 $100 civil penalty for each violation. If a landlord violates subdivision 5, the residential tenant is entitled to up to a $100 civil penalty for each violation. A residential tenant shall follow the procedures in sections 504B.381, 504B.385, and 504B.395 to 504B.471 to enforce the provisions of this section. Subd. 7. Exemption. This section does not apply to residential tenants and landlords of manufactured home parks as defined in section 327C.01.

Excluding Relatives and Guests
Eviction of non-tenants iction_Defense_in_Minnesota.htm#TOC2_13 Adult members of the same family in the same dwelling might or might not be in a landlord and tenant relationship. If one member owns the property and the other does not pay rent or provide services in lieu of rent under Minn. Stat. § 504B.001, the owner still could file an eviction action to evict the other person as one unlawful detaining the property under Minn. Stat. § 504B.301. See DePetro v. DePetro, No. A03-727, 2004 WL (Minn. Ct. App. April 27, 2004) (unpublished) (affirmed eviction by owner of her adult daughter who was not a rent-paying tenant).

Other options with non-tenants Trespass (discussed earlier) Lockout (discussed earlier)

Tenants If the member is a tenant, the owner must follow landlord and tenant law. Minn. Stat. § 504B "Residential tenant" means any person who is occupying a dwelling in a building. . . under any agreement, lease, or contract, whether oral or written, and for whatever period of time, which requires the payment of money or exchange of services as rent for the use of the dwelling unit, and all other regular occupants of that dwelling unit, or any resident of a manufactured home park.

Options for eviction of tenants File eviction action for nonpayment of rent or failure to provided services as agreed, or breach of other conditions of occupancy If tenant is compliant, give notice to terminate tenancy. The period of notice can range from one to three months. e_in_Minnesota.htm#TOC1_153 e_in_Minnesota.htm#TOC2_96 Options not available: Trespass (discussed earlier) Lockout (discussed earlier)

Harassment and Abuse Tenants, non-tenants, landlords, and managers can be excluded through harassment and domestic abuse restraining orders. A vulnerable adult victim of financial exploitation can recover damages equal to three times the amount of compensatory damages or $10,000, whichever is greater. _Eviction_Defense_in_Minnesota.htm#TOC1_282

Habitability Prior to 1971, the landlord only had an obligation to maintain the property if the landlord agreed to take the obligation, or if the lease was silent. Delamater v. Foreman, 184 Minn. 428, 239 N.W. 148 (1931). In 1971 the Minnesota Legislature enacted Minn. Stat. § , now § 504B _Eviction_Defense_in_Minnesota.htm#TOC1_99

Habitability Subdivision 1. Requirements. (a) In every lease or license of residential premises, the landlord or licensor covenants: (1) that the premises and all common areas are fit for the use intended by the parties; (2) 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;

Habitability (3) 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; and (4) 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.

Habitability (b) The parties to a lease or license of residential premises may not waive or modify the covenants imposed by this section. Subd. 2. Tenant maintenance. The landlord or licensor may agree with the tenant or licensee that the tenant or licensee is to perform specified repairs or maintenance, but only if the agreement is supported by adequate consideration and set forth in a conspicuous writing. No such agreement, however, may waive the provisions of subdivision 1 or relieve the landlord or licensor of the duty to maintain common areas of the premises.

Habitability Subd. 3. Liberal construction. This section shall be liberally construed, and the opportunity to inspect the premises before concluding a lease or license shall not defeat the covenants established in this section. Subd. 4. Covenants are in addition. The covenants contained in this section are in addition to any covenants or conditions imposed by law or ordinance or by the terms of the lease or license. Subd. 5. Injury to third parties. Nothing in this section shall be construed to alter the liability of the landlord or licensor of residential premises for injury to third parties. Subd. 6. Application. The provisions of this section apply only to leases or licenses of residential premises concluded or renewed on or after June 15, For the purposes of this section, estates at will shall be deemed to be renewed at the commencement of each rental period.

Habitability The covenants of habitability and the covenant to pay rent are mutual and dependant, and all or part of the rent is not due when the landlord has breached the covenants. Fritz v. Warthen, 298 Minn. 48, 54, 213 N.W.2d 339, (1973). The defendant may raise breach of the covenants as a defense to an action for nonpayment of rent. Id. at 59, 213 N.W.2d at _Eviction_Defense_in_Minnesota.htm#TOC1_99

Landlord Licenses Many cities in Minnesota have ordinances which require residential landlords to obtain a license before renting their properties. In Beaumia v. Eisenbraun, No. A , 2007 WL (Minn. Ct. App. Sept. 4, 2007) (unpublished), the Court of Appeals held that failure to pay rent could not be a ground for eviction where the landlord failed to comply with a municipal requirement to license or register the rental unit. The Alexandria City Ordinance made it unlawful to lease any residential property unless it had been registered with the City as a rental unit, and a registration fee had been paid. Id., citing Alexandria Code of Ord, Sect. 5.08, Subds. 3(1)5. A landlord filed an eviction action when the tenants told the landlord they did not have the money to pay rent. The District Court ruled for the landlord, concluding that failure to register the rental unit was irrelevant to whether the landlord had the right to recover possession of the property.

Landlord Licenses The Court of Appeals reversed, first noting that if a tenant’s duty to pay rent is excused, the eviction action must fail. Id., citing MAC-DUE Properties v. LaBresh, 392 N.W.2d, 315, (Minn. Ct. App. 1986), review denied (Minn. Oct. 29, 1986), landlord’s failure to acquire city-required certificate of occupancy eliminated tenant’s duty to pay rent, rendering eviction improper. The Court held that the tenants had no rental obligation during the period in which the property was unregistered, and that the tenants could credit rent paid during this period against rent which was unpaid after the landlord registered the property. The Court concluded that because the credit for rent paid but not due was larger than the rent due for the period in which the landlord had registered the property, the District Court erred by evicting the tenants. Id. iction_Defense_in_Minnesota.htm#TOC2_71

Tenant Habitability Actions
504B.381 Emergency Tenant Remedies Action efense_in_Minnesota.htm#TOC2_ B.385 Rent Escrow Action to Remedy Violations efense_in_Minnesota.htm#TOC1_ B Tenant Remedies Action efense_in_Minnesota.htm#TOC2_170

Settling Disputes Conduct Money Repairs Privacy Occupants Expungement References Accommodation of disability _Eviction_Defense_in_Minnesota.htm#TOC1_45

Settling Disputes Future rent Landlords occasionally include in settlement agreements provisions on future payments of rent. While the landlord may obtain a writ and evict the tenant for failing to make installment payments on back rent, the landlord must file a new action if future rents are not paid. Erin Realty v. _____, No. HC (Minn. Dist. Ct. 4th Dist. Mar. 16, 2004). efense_in_Minnesota.htm#TOC2_152 See Eagan East Ltd. Partnership v. Powers Investigations, Inc., 554 N.W. 2d 621 (Minn. Ct. App. 1996) (trial court’s jurisdiction was limited to determining present possessory rights of the parties, and that the trial court exceeded its jurisdiction by ruling on the prospective rent increase and attorney’s fee issues). efense_in_Minnesota.htm#TOC1_22

Lease Language Habitability Minn. Stat. § 504B.161 (formerly § ) _Eviction_Defense_in_Minnesota.htm#TOC1_99 Unlawful activity Minn. Stat. § 504B.171 (formerly § ) _Eviction_Defense_in_Minnesota.htm#TOC1_204

Lease Language Disclosure Minn. Stat. § 504B.181 (formerly § ). _Eviction_Defense_in_Minnesota.htm#TOC1_64 Illegal provisions _Eviction_Defense_in_Minnesota.htm#TOC1_200

Lease Language Unconscionable provisions iction_Defense_in_Minnesota.htm#TOC1_201 Adhesion contracts iction_Defense_in_Minnesota.htm#TOC1_202 Minnesota Standard Residential Lease (Apartment) (RPF-41) By the Residential Real Estate Committee, Real Property Section of the Minnesota State Bar Association source/sections/minnesota-standard-residential-lease.pdf

Elder Housing Issues Nursing homes Landlord and tenant law: Minn. Stat. § 504B Health Care Bill of Rights: Minn. Stat. § Assisted living and independent apartments in senior buildings Landlord and tenant law Live-in aids

Hotels and Shelters Minn. Stat. §§ iction_Defense_in_Minnesota.htm#TOC1_14 A hotel is a building which is kept, used and advertised, or held out to the public as a place for sleeping or housekeeping accommodations or supplied for pay to guests for transient occupancy. Transient occupancy means occupancy when it is the intention of the parties that the occupancy will be temporary. There is a rebuttable presumption that, if the unit occupied is the sole residence of the guest, the occupancy is not transient. There also is a rebuttable presumption that, if the unit occupied is not the sole residence of the guest, the occupancy is transient. Minn. Stat. § , subds. 3, 5.

Hotels and Shelters In Luten v. Salvation Army, No. UD (Minn. Dist. Ct. 4th Dist. March 24, 1986) (Appendix 603) even though the respondent considered itself a hotel and not a landlord, the court noted that the nature of the tenancy is created by the conduct of the parties, as well as the written documents, and concluded that the petitioner was a tenant where he paid monthly rent for two years and reasonably understood that he was a tenant. See Residential Tenants' Remedies, Appendix 18. See Gutierrez v. Eckert Farm Supply, Inc., No. C , 2003 WL (Minn. Ct. App. July 1, 2003) (unpublished) (affirmed conclusion that hotel resident was a tenant and not a hotel guest). There are no laws that treat shelters any differently. They either are hotels if they fit the definitions above, or they landlords governed by Chapter 504B.

Security Deposits Minn. Stat. § 504B eposit.htm

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Washington County Law Library & Washington County Bar Association

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Washington County Law Library & Washington County Bar Association

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Presentation on theme: "Washington County Law Library & Washington County Bar Association"— Presentation transcript:

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