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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

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In addition, Minn. St. 566.07 allows a tenant in defense to an unlawful detainer action to set forth “all matters in excuse, justification, or avoidance of the allegations.” Prior to the adoption of the statutory covenants, the only defenses available to a tenant would be actual payment or nondelivery of possession. All other covenants were independent of the tenant’s obligation to pay rent. Because of the mutuality of the statutory covenants of habitability and the covenant to pay rent, the tenant may now assert breach of the statutory covenants in “excuse, justification, or avoidance” of the landlord’s action. Rome v. Walker, supra.