Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)

Citation: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Parent Document: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Jurisdiction: Minnesota (state)
Effective Date: 2016-08-31
Original Source: https://www.courtlistener.com/opinion/4252990/mary-cocchiarella-v-donald-driggs/ ↗

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Driggs does not dispute that Cocchiarel-la has satisfied the “payment of money” requirement for qualifying as a “residential tenant.” The crux of the dispute is whether Cocchiarella “is occupying” the leased premises within the meaning of the statute. The word “occupying” derives from the verb “to occupy,” which has a variety of meanings depending on the context in which it appears. Specifically, the dictionary definition of “occupy” includes: “1. To fill up (time or space)”; “2. To dwell or reside in”; “3. To hold or fill (an office or a position)”; “4. To seize possession of and maintain control over by or as if by conquest”; and “5. To engage or employ the attention or concentration of.” The American Heritage Dictionary of the English Language 1215 (4th ed.2000). The derivative word “occupancy” is defined as “[t]he act, state, or condition of holding, possessing, or residing in or on something; actual possession, residence, or tenancy, esp. of a dwelling or land”; and “[t]he period or term during which one owns, rents, or otherwise occupies property.” Occupancy', Blank’s Law Dictionary (10th ed.2014) (emphasis added). “Holding],” in turn, can be defined as “[t]o be the legal possessor of,” lending some support to an interpretation of “occupying*’ that includes legal possession. The American Heritage Dictionary of the English Language 836 (4th ed.2000).

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