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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 61–80 of 131 results

Hoglund-Hall v. Kleinschmidt, 381 N.W.2d 889 (1986)

Hoglund-Hall v. Kleinschmidt, 381 N.W.2d 889 (1986) Minnesota state

...cease the action and will then inform the borrower how the notice is improperly prepared. The District Director will not indicate any opinion on the merits of the eviction to the borrower or project manager at this time. 7 C...

Ellis v. Doe, 915 N.W.2d 24 (2018)

Ellis v. Doe, 915 N.W.2d 24 (2018) Minnesota state

...But this argument would require the application of section 504B.385 rent-escrow action's requirements to tenant's assertion of a Fritz habitability defense to eviction. Fritz does not contain a written-notice requirement. Nor does section 504B.385...

MPLP White Bear Lake LLC v. Michael Harvey, John Doe (2024)

MPLP White Bear Lake LLC v. Michael Harvey, John Doe (2024) Minnesota state

lease expired. Harvey asks us to reverse, arguing that the landlord did not give him proper notice to vacate and that the district court misinterpreted the retaliatory-eviction statute.

Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984)

Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984) Minnesota state

...377 (1923) (acceptance of rent after institution of eviction proceedings not a waiver of forfeiture). Nor does the continued sending of “rent due” notices manifest such intent, since it is clear that such notices are sent to tenants of public...

Barnes v. Weis Management Co., 347 N.W.2d 519 (1984)

Barnes v. Weis Management Co., 347 N.W.2d 519 (1984) Minnesota state

Less than one week after appellants signed the lease, respondents served a notice of eviction upon appellants, purportedly for failure to observe “rule # 1” in their rental agreement, which states:

Ellis v. Doe, 924 N.W.2d 258 (2019)

Ellis v. Doe, 924 N.W.2d 258 (2019) Minnesota state

...Ellis's standard would permit improper evictions based on a procedural defect, even when tenants have a solid basis for withholding rent. Therefore, we decline to limit Fritz by adding a written notice requirement to the common-law habitability defense...

Barnes v. Weis Management Co., 347 N.W.2d 519 (1984)

Barnes v. Weis Management Co., 347 N.W.2d 519 (1984) Minnesota state

Smith testified that the eviction notice was sent because appellants had a loud, late-night party in their apartment on August 2. Appellants denied that they had held a party that night.

Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984)

Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984) Minnesota state

to waiver of a tenant’s conduct, i.e., of a lease violation, rather than of the landlord’s duty to give notice of termination. She argues that the non-waiver provision effectively states: “Just because we don’t evict...

Parkin v. Fitzgerald, 240 N.W.2d 828 (1976)

Parkin v. Fitzgerald, 240 N.W.2d 828 (1976) Minnesota state

Finally, tenants’ dog was an insubstantial reason for eviction in view of landlord’s prior acquiescence in tenants’ ownership of the dog. Furthermore, the sequence of events in the instant case reveals a clear relationship between the notice to quit...

Ellis v. Doe, 924 N.W.2d 258 (2019)

Ellis v. Doe, 924 N.W.2d 258 (2019) Minnesota state

...It offers an opportunity to fix habitability violations much sooner than waiting for the landlord to initiate eviction proceedings. In addition, a tenant may avoid court all together if the tenant provides written notice and the landlord fixes the violations...

Ellis v. Doe, 924 N.W.2d 258 (2019)

Ellis v. Doe, 924 N.W.2d 258 (2019) Minnesota state

...In that case, a 14-day written notice requirement would be impossible to fulfill, unless the tenant somehow knew that the landlord was planning to file an eviction action before the action was even filed. By eliminating the defense of...

Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984)

Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984) Minnesota state

...landlord has served a termination notice upon her, the landlord must act quickly to evict her or forever lose its right to do so. MCDA’s eight month delay in acting upon the termination notice was for Powell’s benefit...

Lea v. Pieper, 345 N.W.2d 267 (1984)

Lea v. Pieper, 345 N.W.2d 267 (1984) Minnesota state

...A rule violation constitutes cause for eviction under subdivision 4. However, this section contains a notice provision. Minn.Stat. § 327C.09, subd. 4, provides:

Hoglund-Hall v. Kleinschmidt, 381 N.W.2d 889 (1986)

Hoglund-Hall v. Kleinschmidt, 381 N.W.2d 889 (1986) Minnesota state

...waiver, the letter Hoglund received from appellants on July 5th expressing their clear intent to remain and to exercise their legal rights placed the burden back on respondents to restart the federally regulated eviction process with the appropriate written notice.

Rolling Meadows Cooperative, Inc. v. Macatee, 904 N.W.2d 920 (2017)

Rolling Meadows Cooperative, Inc. v. Macatee, 904 N.W.2d 920 (2017) Minnesota state

Under Minnesota law, “[t]he person entitled to the premises may recover possession by eviction” under, various circumstances, including when “any tenant at will holds over, after the termination of the tenancy by notice to quit.” Minn. Stat. § 504B.285...

Manor v. Gales, 649 N.W.2d 892 (2002)

Manor v. Gales, 649 N.W.2d 892 (2002) Minnesota state

...Appellant instructed respondents to vacate the premises by November 30, pursuant to a HUD provision in the lease permitting eviction for repeated minor lease violations that have an adverse financial impact on the program. After receiving this notice, respondents paid...

Ellis v. Doe, 924 N.W.2d 258 (2019)

Ellis v. Doe, 924 N.W.2d 258 (2019) Minnesota state

...was required to follow the statutory procedures, including written notice, for a rent-escrow action under section 504B.385 before asserting a common-law habitability defense to Ellis's eviction action. In a published decision, the court of appeals held...

Rolling Meadows Cooperative, Inc. v. Macatee, 904 N.W.2d 920 (2017)

Rolling Meadows Cooperative, Inc. v. Macatee, 904 N.W.2d 920 (2017) Minnesota state

...Rolling Meadows alleged in its eviction action that it had sent MacAtee a notice that her month-to-month occupancy agreement had been terminated following her failure to cure defaults, that it intended to terminate her cooperative membership, and that...

Cent. Hous. Assocs., LP v. Olson, 910 N.W.2d 485 (2018)

Cent. Hous. Assocs., LP v. Olson, 910 N.W.2d 485 (2018) Minnesota state

We also reject Olson's contention that this court recognized retaliatory eviction as a defense outside the notice-to-quit context in Barnes v. Weis Mgmt. Co. , 347 N.W.2d 519 (Minn. App. 1984). Olson misreads Barnes . In Barnes...