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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

766 chars
It is undisputed that Brewington was late in paying her rent seventeen times before November 7, 2000, and that after November 7, 2000 and before serving the eviction action in May 2001, Oak Glen accepted Brewington’s timely rent payments six times. Nonpayment of rent beyond a grace period permitted under state law constitutes material noncompliance that justifies terminating the tenancy. At the time Oak Glen brought the eviction action, Brewington was not in arrears on any rental payment. Payment of rent after the due date “within the grace period permitted under state law” is, however, considered a minor violation which, if repeated, and, if it satisfies one of the four preconditions listed, provides a basis for terminating the tenancy under subsection 2.