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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984)

Citation
Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984)
Parent Document
Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984)
Jurisdiction
Minnesota (state)
Effective Date
1984-08-07

Other Sections in This Document (29)

Full Text

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It would be inequitable and, in the long run, unfair to other tenants in Powell’s position, to hold that once a tenant has breached a lease provision and the landlord has served a termination notice upon her, the landlord must act quickly to evict her or forever lose its right to do so. MCDA’s eight month delay in acting upon the termination notice was for Powell’s benefit. She continued to have the right to rent for a modest sum under $40.00 per month. If, at any time after receiving the notice of termination, Powell had explained she had stopped making payments because she had lost her job and could no longer afford a $50 per month payment in addition to her rent, it is clear MCDA would have considered renegotiating the payments to a more affordable figure. Only after it became evident that Powell was not going to make payments on her arrearage did MCDA proceed with the eviction. MCDA should not be punished for its forbearance.