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
Original Source: https://www.courtlistener.com/opinion/8283559/cent-hous-assocs-lp-v-olson/ ↗

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We also reject Olson's contention that this court recognized retaliatory eviction as a defense outside the notice-to-quit context in Barnes v. Weis Mgmt. Co. , 347 N.W.2d 519 (Minn. App. 1984). Olson misreads Barnes . In Barnes , we answered the narrow question of whether, as a matter of law, the tenants' showing that their landlord evicted them in response to their "good faith attempt" to exercise their "right to rent premises regardless of their race" could prove "retaliatory purpose" as the term is used in the statute. Id. at 521-22. The nature of the tenancy in Barnes is not clear from the opinion, and the availability of the retaliatory-eviction defense in that context was not at issue. See id. at 520-22. Barnes identified discrimination as a valid legal theory to show retaliation (not an issue here), while Cloverdale clarified when a tenant may use the retaliatory-eviction defense under section 504B.285, subdivision 2 (the issue here).

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