2007 Minnesota Statutes

504B.285 EVICTION ACTIONS; GROUNDS; RETALIATION DEFENSE; COMBINED
ALLEGATIONS.
    Subdivision 1. Grounds. The person entitled to the premises may recover possession by
eviction when:
(1) any person holds over real property:
(i) after a sale of the property on an execution or judgment;
(ii) on foreclosure of a mortgage and expiration of the time for redemption; or
(iii) after termination of contract to convey the property, provided that if the person holding
the real property after the expiration of the time for redemption or termination is a tenant, the
person has received:
(A) at least one month's written notice to vacate no sooner than one month after the
expiration of the time for redemption or termination, provided that the tenant pays the rent and
abides by all terms of the lease; or
(B) at least one month's written notice to vacate no later than the date of the expiration of
the time for redemption or termination, which notice shall also state that the sender will hold the
tenant harmless for breaching the lease by vacating the premises if the mortgage is redeemed or
the contract is reinstated;
(2) any person holds over real property after termination of the time for which it is demised
or leased to that person or to the persons under whom that person holds possession, contrary to the
conditions or covenants of the lease or agreement under which that person holds, or after any rent
becomes due according to the terms of such lease or agreement; or
(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
    Subd. 2. Retaliation defense. It is a defense to an action for recovery of premises following
the alleged termination of a tenancy by notice to quit for the defendant to prove by a fair
preponderance of the evidence that:
(1) the alleged termination was intended in whole or part as a penalty for the defendant's
good faith attempt to secure or enforce rights under a lease or contract, oral or written, under the
laws of the state or any of its governmental subdivisions, or of the United States; or
(2) the alleged termination was intended in whole or part as a penalty for the defendant's
good faith report to a governmental authority of the plaintiff's violation of a health, safety,
housing, or building code or ordinance.
If the notice to quit was served within 90 days of the date of an act of the tenant coming
within the terms of clause (1) or (2) the burden of proving that the notice to quit was not served in
whole or part for a retaliatory purpose shall rest with the plaintiff.
    Subd. 3. Rent increase as penalty. In any proceeding for the recovery of premises upon
the ground of nonpayment of rent, it is a defense if the tenant establishes by a preponderance of
the evidence that the plaintiff increased the tenant's rent or decreased the services as a penalty in
whole or part for any lawful act of the tenant as described in subdivision 2, providing that the
tenant tender to the court or to the plaintiff the amount of rent due and payable under the tenant's
original obligation.
    Subd. 4. Nonlimitation of landlord's rights. Nothing contained in subdivisions 2 and 3
limits the right of the landlord pursuant to the provisions of subdivision 1 to terminate a tenancy
for a violation by the tenant of a lawful, material provision of a lease or contract, whether written
or oral, or to hold the tenant liable for damage to the premises caused by the tenant or a person
acting under the tenant's direction or control.
    Subd. 5. Combining allegations. (a) An action for recovery of the premises may combine
the allegation of nonpayment of rent and the allegation of material violation of the lease, which
shall be heard as alternative grounds.
(b) In cases where rent is outstanding, a tenant is not required to pay into court the amount
of rent in arrears, interest, and costs as required under section 504B.291 to defend against an
allegation by the landlord that the tenant has committed a material violation of the lease.
(c) If the landlord does not prevail in proving material violation of the lease, and the landlord
has also alleged that rent is due, the tenant shall be permitted to present defenses to the court that
the rent is not owing. The tenant shall be given up to seven days of additional time to pay any
rent determined by the court to be due. The court may order the tenant to pay rent and any costs
determined to be due directly to the landlord or to be deposited with the court.
History: 1999 c 199 art 1 s 38