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504B.285 EVICTION ACTIONS; GROUNDS; RETALIATION DEFENSE; COMBINED ALLEGATIONS. § Subdivision 1. Grounds.
(b) In any proceeding in which retaliation is alleged, the burden of proof shall be on the landlord, if the landlord's alleged retaliatory action was within 90 days of the tenant engaging in any of the activities identified in...
...file a legal action against a tenant, contact federal or state law enforcement related to a tenant's immigration status, or seek to recover possession or threaten any such action in whole or in part in retaliation after a tenant:
...which notice shall also state that the sender will hold the tenant harmless for breaching the lease by vacating the premises if the contract is reinstated. § Subd. 1c. MS 2012 [Repealed, 2013 c 100 s 6 ] § Subd. 2. Retaliation defense.
...obtain prior permission to engage in protected activities. A landlord may not adopt and enforce rules that set unreasonable limits as to time, place, and manner of the meetings or communication with tenants in the building. § Subd. 2. Retaliation prohibited.
...action and the hearing, it may order rent abatement and must release the rent to the parties accordingly. Any rent found to be owed to the residential tenant must be released to the tenant. § Subd. 11. Retaliation; waiver not allowed.
Recognizing a common-law defense of retaliation also encourages tenants and landlords to resolve their disputes directly, before either side resorts to court. Knowing that they are protected from retaliation, tenants will have an incentive to complain directly to landlords...
MacAtee argues Rolling Meadows was not entitled to an immediate writ of recovery and order to vacate because her unlawful-retaliation defense remains unresolved. MacAtee is mistaken. The district court specifically found that MacAtee “did not prove by a fair...
...Stat. § 504B.441 prohibits retaliation for a residential tenant's complaint of a violation to a government entity, such as a housing inspector, or commencement of a formal legal proceeding. But it does not provide a defense to retaliation based...
...When section 504B.285 describes the retaliation defense available to challenge eviction actions commenced by a notice to quit a tenancy at will, it includes retaliation for the tenant's reports to governmental agencies, but it does not use the...
In this case, the jury found that "Olson prove[d] by a fair preponderance of the evidence that Central Housing Associates, LP retaliated against [Olson] in whole or in part as a penalty for his good faith attempt to secure...
Florin-Clemants argues that Seward terminated the tenancy in retaliation for a
this specific retaliation argument below. Instead, at trial, Florin-Clemants argued that the
termination was in retaliation for either (a) Florin-Clemants calling the police in
presented evidence to support a claim of retaliation, the evidence presented . . . makes it
According to the district court's post-trial order, CHA did not object to the retaliation-defense question being posed to the jury. Following trial, however, CHA moved for judgment as a matter of law on the ground that Olson...
...We conclude that, in this case, the retaliation defense is not available under the relevant statute, Minn. Stat. § 504B.441 (2018). But we also conclude that the common law should recognize a defense when a landlord retaliates against a tenant...
also argues that the district court erred by placing the burden on him to prove retaliation,
The district court's draft jury instructions and special-verdict form invited a finding regarding landlord discrimination and landlord retaliation as a defense to eviction. The district court omitted the discrimination-defense references after Central Housing argued that the defense...
failed to establish a retaliation defense. We therefore affirm. FACTS