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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ellis v. Doe, 924 N.W.2d 258 (2019)

Citation
Ellis v. Doe, 924 N.W.2d 258 (2019)
Parent Document
Ellis v. Doe, 924 N.W.2d 258 (2019)
Jurisdiction
Minnesota (state)
Effective Date
2019-03-06

Other Sections in This Document (45)

Full Text

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In Fritz v. Warthen , we held that a tenant has a common-law right to assert a violation of the covenants of habitability as a defense to an eviction action. 298 Minn. 54, 213 N.W.2d 339, 343 (1973). Based on the statutory directive to liberally construe the covenants, we concluded that the "covenants of habitability and the covenant for payment of rent are mutually dependent rather than independent." Id. at 341. Because the two covenants are mutually dependent, "the rent, or at least part of it, is not due under the terms of the lease when the landlord has breached the statutory covenants." Id. at 342. We noted that "[t]hree possible alternative remedies are available to enforce the statutory covenants." Id. at 341. The first was for the tenant to raise the landlord's breach as a defense to an eviction action; the second was for the tenant to bring an action against the landlord; and the third was for the tenant to raise the landlord's breach as *262a defense after vacating the premises and suspending rent payments. Id.