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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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Although Ellis's briefing mentions "trial by ambush," he has not articulated any compelling or specific reason showing that a lack of written notice before the tenant raised a defense of habitability violations harmed him, or that it would harm any landlord in any case. On the other hand, the tenant and the amici supporting the tenant's position have articulated compelling policy and rules-based reasons why Ellis's position would effectively deny tenants the right to raise the defense of habitability in many cases. Ellis's standard would permit improper evictions based on a procedural defect, even when tenants have a solid basis for withholding rent. Therefore, we decline to limit Fritz by adding a written notice requirement to the common-law habitability defense to an eviction action. CONCLUSION