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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       Minnesota law recognizes several different grounds for eviction, including
nonpayment of rent, holding over after a tenancy has ended, and breach of lease. See Minn.
Stat. §§ 504B.285, subds. 1(a)(2), (3) (2024); 504B.291 (2024) (concerning breach of
lease, holdover, and nonpayment of rent as grounds for eviction). The waiver-by-
acceptance doctrine at issue in this case applies to evictions based on a tenant’s conduct
that materially breaches their lease. There are also waiver rules that apply to holdover and
non-payment evictions. References to waiver by acceptance in this opinion refer only to
the doctrine as applied to acceptance of rent after a known breach, and not any of these
related, but distinct, doctrines.

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