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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Oak Glen of Edina v. Brewington, 642 N.W.2d 481 (2002)

Citation
Oak Glen of Edina v. Brewington, 642 N.W.2d 481 (2002)
Parent Document
Oak Glen of Edina v. Brewington, 642 N.W.2d 481 (2002)
Jurisdiction
Minnesota (state)
Effective Date
2002-04-23

Other Sections in This Document (49)

Full Text

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On appeal, Brewington argues that: (1) repeated late payment of rent does not meet HUD’s “material non-compliance” standard necessary to evict a Section 8 tenant, (2) Oak Glen waived its right to evict for repeated late payment of rent when it accepted rent after the alleged breaches occurred, (3) the election-of-remedies doctrine bars the eviction action after acceptance of late fees assessed on the overdue rental payments, and (4) Oak Glen modified the lease to allow for late payment of rent by repeatedly accepting late rent payments without providing notice that further late payments would result in eviction. ISSUES