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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Thus, under either approach, typically there will be some period between executing the lease agreement and becoming a “residential tenant” with standing.. under the lockout statute. And as a practical matter, it is noteworthy that “legal possession” and “actual possession” often will be established the same day — the move-in date arrives (“legal possession”), and the tenant picks up the keys and moves in (“actual possession”). Any gap in time between obtaining .“present legal possession” and “actual possession” of a dwelling is minimal. Once the two elements are obtained, the tenant need not remain continuously present to initiate an action or report a violation under the lockout statute — merely obtaining physical access or control, e.g., picking up the keys, is sufficient.

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