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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fritz v. Warthen, 213 N.W.2d 339 (1973)

Citation
Fritz v. Warthen, 213 N.W.2d 339 (1973)
Parent Document
Fritz v. Warthen, 213 N.W.2d 339 (1973)
Jurisdiction
Minnesota (state)
Effective Date
1973-11-30

Other Sections in This Document (52)

Full Text

826 chars
The mutual dependence of the statutory covenants of habitability and the covenant to pay rent does not, however, dispose of the question whether the breach of the statutory covenants is available as a defense to an unlawful detainer action. Minn. St. 504.18 does not specify a remedy for enforcement of the covenants. Three possible alternative remedies are available to enforce the statutory covenants: (1) The tenant may assert breach of the covenants as a defense to the landlord’s unlawful detainer action for nonpayment of rent; (2) the tenant may continue to pay rent and bring his own action to recover damages for breach of the covenants by the landlord; (3) the tenant, after vacating the premises and suspending rent payments, may raise breach of the covenants as a defense to an action by the landlord for the rent.