Hook & Ladder Apartments, L.P., Respondent, vs. Nichole Nalewaja, Appellant, John Doe, et. al., Defendants (2025)

Citation: Hook & Ladder Apartments, L.P., Respondent, vs. Nichole Nalewaja, Appellant, John Doe, et. al., Defendants (2025)
Parent Document: Hook & Ladder Apartments, L.P., Respondent, vs. Nichole Nalewaja, Appellant, John Doe, et. al., Defendants (2025)
Jurisdiction: Minnesota (state)
Effective Date: 2025-09-24
Original Source: https://www.courtlistener.com/opinion/10695914/hook-ladder-apartments-lp-resp... ↗

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        Nalewaja brought a counterclaim alleging that Hook & Ladder was responsible for
unlawfully shutting off her power. Hook & Ladder responded that it was not responsible
for the utility company’s actions in shutting off the power and that the shutoff was lawful.
The district court dismissed the counterclaim, noting that counterclaims cannot be litigated
in an eviction action and that the record did not support the counterclaim. The district court
did not make specific findings about who was responsible for the shutoff or whether the
shutoff was lawful.
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      An email from an MPHA employee indicates that MPHA stopped paying rent in
January 2023 when MPHA realized that Hook & Ladder had never submitted the required
HUD Tenancy Addendum. Hook & Ladder’s eviction complaint did not cite MPHA’s
stoppage in paying rent as one of the alleged breaches of lease serving as its grounds for
seeking eviction.

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