Cloverdale Foods of Minnesota, Inc. v. Snacks, 580 N.W.2d 46 (1998)
- Citation
- Cloverdale Foods of Minnesota, Inc. v. Snacks, 580 N.W.2d 46 (1998)
- Parent Document
- Cloverdale Foods of Minnesota, Inc. v. Snacks, 580 N.W.2d 46 (1998)
- Jurisdiction
- Minnesota (state)
- Effective Date
- 1998-06-09
Other Sections in This Document (85)
- Cloverdale Foods of Minnesota, Inc. v. Snacks, 580 N.W.2d 46 (1998)
- Cloverdale Foods of Minnesota, Inc. v. Snacks, 580 N.W.2d 46 (1998)
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Full Text
1,268 charsCloverdale also contends that the retaliatory eviction defense is inapplicable to this case because the defense only applies when a tenancy is terminated by a notice to quit. The retaliatory eviction defense applies “to an action for recovery of premises following the alleged termination of a tenancy by notice to quit.” Minn.Stat. § 566.03, subd. 2. Minn.Stat. § 566.03, subd. 1, expressly distinguishes between a tenancy that is terminated based on a breach of the lease and a tenancy that is terminated by a notice to quit. Under Minn.Stat. § 566.03, subd. 1, a landlord can bring an unlawful detainer action to recover possession of premises when a tenant “holds over land or tenements * ⅜ * contrary to the conditions or covenants of the lease or agreement under which that person holds” or when “any tenant at will holds over after the termination of the estate by notice to quit.” Minn.Stat. § 566.03, subd. l(2)-(3); see also Minn.Stat. § 504.06 (1996) (written notice to quit required to terminate estate at will). Because Cloverdale brought this action under MinmStat. § 566.03, subd. 1(2), seeking to terminate the tenancy based on Pioneer’s alleged breach of lease conditions, we conclude that the retaliatory eviction defense does not apply to this case.