Section 504B
- Citation
- Section 504B
- Parent Document
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Jurisdiction
- Minnesota (state)
- Effective Date
- 2018-05-07
- Original Source
- https://www.courtlistener.com/opinion/8284529/ellis-v-doe/ ↗
Other Sections in This Document (20)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Ellis v. Doe, 915 N.W.2d 24 (2018)
- Section 504B
- Section 504B
- Section 504B
- Section 504B
- Section 504B
- Section 504B
Full Text
829 chars*28Minn. Stat. § 504B.385, subd. 3. An "action" is a "judicial proceeding whose purpose is to obtain relief at the hands of the court." American Heritage Dictionary 17 (4th ed. 2000). A "proceeding" is "the instituting or conducting of legal action." Id. at 1398. But a defense is not an action. Instead, a defense is "[t]he action of the defendant in opposition to complaints against him or her." Id. at 475-76. It is clear from the plain language of the statute that an action instituted by a tenant is different from a defense asserted by a tenant in response to an eviction action brought by a landlord. Therefore, tenant was not required to follow the procedures set forth in section 504B.385 before asserting a Fritz habitability defense because the statutory cause of action is independent of a Fritz habitability defense.