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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Although not necessary to resolve this case, we observe that the conclusion of the court of appeals that "the defense in section 504B.441 does not apply unless the tenant has filed a tenant-remedies action," id. at 486-87, cannot be correct because it conflicts with the plain language of Minn. Stat. § 504B.385 (2018). Section 504B.385, subdivision 1, provides that "[i]f a violation exists in a residential building, a residential tenant may deposit the amount of rent due to the landlord with the court administrator" by following the procedures set forth in the statute. Section 504B.385, subdivision 11, provides that "Section 504B.441 applies to proceedings under this section. The residential tenant rights under this section ... are in addition to and do not limit other rights or remedies which may be available to the residential tenant and landlord." (Emphasis added). Thus, at a minimum, the retaliation defense set forth in section 504B.441 is available to a tenant who files a rent-escrow action under section 504B.385 to remedy a violation, and not only to a tenant who files a tenant-remedies action under section 504B.395.

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