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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On the other hand, the language of Minn. Stat. § 504B.441 does not support a reading that would prohibit retaliation against a tenant for complaining directly to the landlord. As discussed above, the first sentence in the statute prohibits retaliation for "complaint of a violation." Minn. Stat. § 504B.441. The second sentence states that the burden of proving that an adverse action was not retaliatory "is on the landlord if the eviction or increase of obligations or decrease of services occurs *408within 90 days after filing the complaint , unless the court finds that the complaint was not made in good faith." Id. (emphasis added). The verb "file" means: (1) "to arrange in order for preservation and reference," (2a) "to place among official records as prescribed by law," (2b) "to send (copy) to a newspaper," (2c) "to return to the office of the clerk of a court without action on the merits[;]" and (3) "to initiate (as a legal action) through proper formal procedure." See Merriam-Webster's Collegiate Dictionary , supra , at 434. A tenant might "file" a complaint to initiate a formal lawsuit. Likewise, a tenant might "file" a complaint with a government entity. "File" connotes something formal and official. In that ordinary sense of the word, one does not file a complaint with a landlord.

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