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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Parkin v. Fitzgerald, 240 N.W.2d 828 (1976)

Citation
Parkin v. Fitzgerald, 240 N.W.2d 828 (1976)
Parent Document
Parkin v. Fitzgerald, 240 N.W.2d 828 (1976)
Jurisdiction
Minnesota (state)
Effective Date
1976-03-19

Other Sections in This Document (51)

Full Text

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The statute was clearly applicable. (1) Tenants were in possession under an oral lease providing for a month-to-month tenancy. Landlord admitted this. The statute protects an attempt to enforce rights under a “lease or contract, oral or written.” Minn. St. 566.03, subd. 2(1). (2) Tenants’ request for repairs on July 1 was a good-faith attempt to enforce their rights under subd. 2(1). (3) Tenants’ report to the housing inspector on July 18 was a good-faith report to a governmental authority under subd. 2(2). The citation of eight violations amply demonstrates the reasonableness as well as the good faith of the report. (4) Landlord served the notice to quit on July 29, within 90 days of both the request for repairs and the report to the housing inspector. Therefore, landlord had the burden of establishing a nonretalia-tory purpose for the eviction. The sole issue in this case is whether he met that burden.