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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Finally, the mere requirement of “present legal possession” to bring a lockout petition introduces ' a host of potential problems, especially in potential simultaneous “occupancy” disputes. For example, there is a disputed lease agreement involving two tenants, who both allege the right to occupy the same unit: could each tenant bring an ex parte lockout petition for summary relief? Even worse, there is a dispute about the move-⅛ daté provided in a lease agreement and the previous tenant is physically occupying 'the unit.' Could the new prospective tenant bring a lockout petition when his or her alleged move-in date arrives, requesting summary ex parte eviction of the previous tenant who claims a legal right to continue occupying, and is actually living in, the apartment?4 Such controversies are better suited for a civil lawsuit in which both parties are heard and disputes of factual and contractual issues may be resolved. An actual-possession approach avoids the threat of simultaneous occupancy because only one party has standing to bring a lockout petition baséd on current, physical possession of the residential dwelling.

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