Section 504B

Citation: Section 504B
Parent Document: Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (2019)
Jurisdiction: Minnesota (state)
Effective Date: 2019-06-12
Original Source: https://www.courtlistener.com/opinion/8288834/cent-hous-assocs-lp-v-olson/ ↗

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It is true, as the court of appeals notes, that where the word "complaint" is used in other sections of the Tenant Remedies statutes, it refers to the formal commencement of a lawsuit. For instance, section 504B.395 sets forth the circumstances under which a tenant-remedies action may be brought, in what venue, and by whom. The word complaint as used in that section clearly means the formal commencement of a lawsuit. See Minn. Stat. § 504B.395, subd. 5 (stating that an "action must be started by service of a complaint and summons" and that the "summons may be issued only by a judge or court administrator"); id. , subd. 6(a) (stating that a "complaint" must "allege material facts" and "state the relief sought."). The next section of the statute, Minn. Stat. § 504B.401, sets forth the particulars relating to the summons issued following a complaint brought under the previous section. Each use of the word complaint within section 504B.401 also refers to the commencement of a lawsuit. Section 504B.415 also uses the word complaint in the sense of a formal proceeding and provides that "[i]t is a sufficient defense to a complaint under section 504B.385 [setting forth the procedure for rent-escrow actions to address violations] or 504B.395 that ... the violation or violations alleged in the complaint do not exist or that the violation or violations have been removed or remedied." Minn. Stat. § 504B.415(1). Finally, section 504B.425 sets forth how a court may proceed in entering judgment and provides that "[i]f the court finds that the complaint in section 504B.395 has been proved, it may, in its discretion, take" certain actions set forth in that section. Minn. Stat. § 504B.425(a). Again, complaint in this statute refers to the commencement of a lawsuit.

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