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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

1,366 chars
Despite slight differences in the statutory language, the same reasoning applies here. The retaliation-defense provision of section 504B.285 states, "It is a defense to an action for recovery of premises following the alleged termination of a tenancy by notice to quit for the defendant to prove" that the landlord's termination effort arose from specified, improper retaliatory motives. Minn. Stat. § 504B.285, subd. 2. Central Housing brought its holdover eviction action under section 504B.285, subdivision 1(a)(2), which provides, "The person entitled to the premises may recover possession by eviction when ... any person holds over real property after termination of the time for which it is ... leased to that person ..., contrary to the conditions or covenants of the lease...." It did not bring the eviction action under a different holdover provision- section 504B.285, subdivision 1(a)(3) -which addresses the right to remove a "tenant at will" who is holding over after the landlord issued a "notice to quit" the tenancy. See *489Minn. Stat. § 504B.285, subd. 1(a)(3). Nor could this be construed as an action to remove a tenant at will as the record does not suggest that Olson is such a tenant. Because the retaliatory-eviction defense applies only to a "termination of a tenancy [at will] by notice to quit," the defense does not apply to this action.