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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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Ellis argues that the statutory rent-escrow action is now the only way for a tenant to assert a violation of the covenants. He therefore contends that a tenant asserting a common-law habitability defense must follow the procedures set out in section 504B.385, including providing written notice to the landlord. Ellis asserts that the rent-escrow action is a codification of our ruling in Fritz because the statute provides "a statutory remedy for tenants experiencing habitability issues with their rental housing." He further maintains that a rule that no notice is required under Fritz would render the rent-escrow statute superfluous; he contends that tenants will simply choose to stop paying rent to force landlords to bring an eviction action rather than initiate proceedings under the rent-escrow statute. We conclude that the statutory authority for a rent-escrow action does not abrogate the common-law habitability defense articulated in Fritz .