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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cent. Hous. Assocs., LP v. Olson, 910 N.W.2d 485 (2018)

Citation
Cent. Hous. Assocs., LP v. Olson, 910 N.W.2d 485 (2018)
Parent Document
Cent. Hous. Assocs., LP v. Olson, 910 N.W.2d 485 (2018)
Jurisdiction
Minnesota (state)
Effective Date
2018-04-09

Full Text

1,243 chars
ROSS, Judge
Landlord Central Housing Associates LP notified tenant Aaron Olson that it was terminating his apartment lease on multiple grounds, including unpaid rent, unpaid utilities, and providing false information in his lease application. Olson refused to vacate and instead filed a report with the Minnesota Department of Human Rights alleging that Central Housing had discriminated against him on account of his disability, his daughter's ethnicity, and his daughter's religion. Central Housing filed an eviction complaint with the district court after Olson held over after the lease period ended. A jury found that Olson materially breached the lease but also that Central Housing retaliated against him for attempting to secure or enforce his rights. The district court reasoned that Olson was entitled to maintain possession based on a retaliatory-eviction defense available under Minnesota Statutes, section 504B.285, subdivision 2 (2016), and section 504B.441 (2016). Because that defense in section 504B.285 does not apply in an eviction action based on breach of lease, and the defense in section 504B.441 does not apply unless the tenant has filed a tenant-remedies *487action in the district court, we reverse and remand. FACTS