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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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Applying the standard to the facts in the instant case, we hold that the landlord has completely failed to carry his burden of showing a substantial nonretaliatory purpose. The rent check which was returned because of insufficient funds during March 1974 cannot establish such a purpose. While failure to pay rent might be a sufficient purpose, the record establishes that the check was paid at some indefinite later time. Moreover, any tardiness or other breach in this regard was certainly waived by acceptance of rent and failure to serve a notice to quit for 5 months after receipt of the check. See, Central Union Trust Co. of New York v. Blank, 168 Minn. 312, 210 N. W. 34 (1926). Like, wise, the failure to pay rent for August 1974 cannot establish such a purpose because it occurred after