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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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Eecognizing these circumstances, our legislature has chosen to allow the tenant to defend unlawful detainer actions by establishing that eviction was in retaliation for good-faith efforts on his part to enforce contractual or statutory provisions designed for his benefit. There are at least three important aspects of the allowed statutory defense: First, it encompasses a wide range of tenant activity, provided such activity is undertaken in good faith for the purpose of enforcing contractual or statutory rights. Second, it does not require an extraordinary burden of proof, but only the usual civil burden — proof by a fair preponderance of the evidence. 4