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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A common-law defense fills a gap that the Legislature left open, perhaps inadvertently. In 1978, five years after the Tenant *410Remedies Act was passed, the Legislature changed the definition of "violation" to include not just violations of the housing code and covenants of habitability but violations of the lease. Compare Minn. Stat. § 566.18 (1976) (defining "violation" as a violation of state or local law), with Minn. Stat. § 566.18 (1978) (defining "violation" as a violation of state or local law, statutory covenants, or the lease). Having broadened the definition to include contract disputes between landlord and tenant, it would have made sense for the Legislature to broaden the meaning of the word "complaint"-in the phrase "complaint of a violation"-to encompass tenant expressions of dissatisfaction to landlords regarding material violations of the lease. If our analysis is incorrect, of course, the Legislature is free to amend the statute to narrow the common-law defense that we recognize today.

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